Item J05
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 18. 2004
Division:
Growth Management
Bulk Item: Yes ~
No
Department: Planning
AGENDA ITEM WORDING:
Approval of a Resolution rescinding Resolution 381-2003 because of a notification error, and
approving the request of John Moyant to exchange privately owned land of conservation value
for lands dedicated to the County for conservation purposes under the County's rate of growth
ordinance as per Resolution 179-2003.
ITEM BACKGROUND:
Florida Statues 125.37 requires that land transfers between a private individual and a county must
be noticed in a newspaper of general circulation at least once a week for two weeks prior to the
adoption of a resolution authorizing the transfer. Resolution 381-2003 was not properly noticed
and does not meet the criteria set forth in F.S. 125.37 and therefore must be rescinded. Mr.
Moyant submitted documentation for staff review per the guidelines set forth in Resolution 179-
2003 for approval ofland exchanges. Mr. Moyant meets all six ofthe criteria.
PREVIOUS RELEVANT BOCC ACTION:
The BOCC adopted Resolution 381-2003 for the exchange of the Moyant property, however the
resolution was not properly noticed as required by Section 125.37, Florida Statues and resolution
381 must be rescinded. This resolution has been properly noticed as evidenced by the attached
documentation.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval
TOTAL COST:
N/A
BUDGETED: Yes
No
COST TO COUNTY:
N/A
SOURCE OF FUNDS
N/A
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH
Year
APPROVED BY: County Atty ----X- OMB/Purchasing _ Risk
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included X
To Follow
Not Required _
DISPOSITION:
AGENDA ITEM #J6
Revised 2/27/01
,,~,
WiII-Rob
From:
Sent:
To:
Subject:
Petrick-Nicole
Tuesday, January 27,20041 :25 PM
Will-Rob
FW: SOCC ad for 2/18/04
From:
Sent:
To:
Subject:
Walker. Nancy[SMTP:NWalker@keysreporter.comj
Tuesday, January 27, 20041:22 PM
'Petrick-Nicole@MonroeCounty-FL.Goy'
RE: SOCC ad for 2/18/04
Nicole - This confirms receipt of ad to be published in The Reporter 02-06 &
02-13-04 editions. Tnx., Nancy
-----Original Message-----
From: Petrick-N icole@MonroeCounty-FL.Gov
fmailto: Petrick-N icole((i}MonroeCountv-FL. Govl
Sent: Tuesday, January 27,20041:17 PM
To: MCanitano@keysnews.com; Pulis, Joanne; Walker, Nancy; Production -
Keynoter
Cc: W iII-Rob@MonroeCounty-FL.Gov
Subject: SOCC ad for 2/18/04
<<SOCC02-18-04dedicated property ad>>
Please publish this ad for the 2 dates indicated. Also, please confirm
receipt of this email. Thank You!
(KWC: 867)
Nicole Petrick
Monroe County
Planning Commission Coordinator
<<...OLE_Obj...>>
Ph: (305) 289-2500
Fax: (305) 289-2536
Page 1
WiII-Rob
From:
Sent:
To:
Subject:
Petrick-Nicole
Tuesday, January 27,2004 1 :26 PM
Will-Rob
FW: SOCC ad for 2/18/04
From:
Sent:
To:
Subject:
Mary Beth Canitano[SMTP:mcanitano@keysnews.com]
Tuesday, January 27,20041:22 PM
Petrick-Nicole@MonroeCounty-FL.Gov
Re: BOCC ad for 2/18/04
Your ad will be scheduled to run 2/4 & 2/11.
Thank You and
Have a Great Day,
Mary Beth Canitano
Advertising Coordinator/Legal Advertising
Phone (305) 292-7777 ext. 219
Fax (305) 294-0768
mcanitano@keysnews.com
KWC LEGAL AD DEADLINES...
Monday Paper - Friday at noon
Tuesday Paper - Friday at 3:00
Wednesday Paper - Monday at 3:00
Thursday Paper - Tuesday at 3:00
Friday Paper - Wednesday at 3:00
Saturday Paper - Wednesday at 5:00
Sunday Paper - Thursday at 5:00
FREE PRESS DEADLINE
Friday at noon
***FOR ANY HOLIDAY DEADLINES, PLEASE CHECK NEWSPAPER***
Page 1
WiII-Rob
From:
Sent:
To:
Subject:
Petrick-Nicole
Tuesday, January 27,2004 1 :26 PM
Will-Rob
FW: BOCC ad for 2/18/04
From:
Sent:
To:
Subject:
Pulis. Joanne[SMTP:JPulis@keynoter.com]
Tuesday, January 27,20041:20 PM
'Petrick-Nicole@MonroeCounty-FL.Gov'
RE: SOCC ad for 2/18/04
We will run the ad on dates given. This is a different format than you
regularly use. No seal or signature? - Joanne /Keynoter
-----Original Message-----
From: Petrick-Nicole@MonroeCounty-FL.Gov
fmailto:Petrick-Nicole@MonroeCountv-FL.Govl
Sent: Tuesday, January 27, 2004 1: 17 PM
To: MCanitano@keysnews.com; Pulis, Joanne; Walker, Nancy; Production _
Keynoter
Cc: WiII-Rob@MonroeCounty-FL.Gov
Subject: BOCC ad for 2/18/04
<<BOCC02-18-04dedicated property ad>>
Please publish this ad for the 2 dates indicated. Also, please confirm
receipt of this email. Thank You!
(KWC: 867)
Nicole Petrick
Monroe County
Planning Commission Coordinator
<<...OLE_Obj...>>
Ph: (305) 289-2500
Fax: (305) 289-2536
Page 1
RESOLUTION NO.
-2004
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY RESCINDING RESOLUTION 381-2003 BECAUSE
OF A NOTICING ERROR AND APPROVING THE REQUEST OF JOHN
MOYANT TO EXCHANGE PRIVATELY OWNED LAND OF
CONSERVATION VALUE FOR LANDS DEDICATED TO THE COUNTY
FOR CONSERVATION PURPOSES UNDER THE COUNTY'S RATE OF
GROWTH ORDINANCE AS PER RESOLUTION 179-2003.
WHEREAS, the Board of County Commissioners has authority under Section 125.37,
Florida Statues, following proper notice, to exchange properties without going through bid
procedures, provided that in the opinion of the Board the property is no longer needed for public
purposes and it may be in the best interest of the County to exchange such property for other real
property which the county may desire to acquire for public purposes; and
WHEREAS, the Board of County Commissioners adopted Resolution 381-2003
authorizing the transfer of Lot 39 Drs. Arm Subdivision Addition No. 3 on Big Pine Key from
Monroe County in exchange for property known as Pine Key Acres Tract HE, in Section 23,
Township 66 South, Range 29 East and having Real Estate ill # 00111072.015000 from John K.
Moyant; and
WHEREAS, Section 125.37, Florida Statues, authorizes such an exchange provided that
the terms and conditions of said transfer are first published once a week for at least two weeks in
a newspaper of general circulation before adoption by the Board of County Commissioners of a
resolution authorizing the exchange of the properties; and
WHEREAS, the notice requirements were not met for Resolution 381-2003 and
therefore the resolution must be rescinded; and
WHEREAS, the Board passed Resolution 179-2003 which adopts guidelines for
approving any exchange of property dedicated to the County for conservation purposes under
RaGa; and
WHEREAS, Mr. John Moyant who owns Lot 41, Drs. Arm Subdivision Addition No.3
on Big Pine Key has requested approval to exchange properties under Resolution 179-2003; and
WHEREAS, Lot 39 Drs. Arm Subdivision Addition No. 3 on Big Pine Key was
dedicated to the County for the purpose of gaining points in RaGa for Permit number 01-1-
0986 (hereafter referred to as the 'dedicated property'); and
WHEREAS, Mr. Moyant is requesting ownership of the dedicated property in exchange
for property known as Pine Key Acres Tract HE, in Section 23, Township 66 South, Range 29
East and having Real Estate ill # 00111072.015000 (hereafter referred to as the 'exchanged
property'); and
- Page 1 of3
WHEREAS, Staff finds that the guidelines set forth in Resolution 179-2003 have been
addressed as follows:
A. The exchanged property shall meet all the requirements for a dedicated lot or acre of
unplatted land under Section 9.5-122.3(5), Monroe County Code.
The applicant's exchanged property is located within the Key Deer National Refuge and
is also within the State CARL boundaries. The lot size is one acre and is zoned SR which
has an allocated density of 2 dwelling units per acre. The lot is buildable.
B. The exchanged property must be eligible to receive ROGO points for dedication
purposes equal to or greater than the points awarded to the dedicated property.
The dedicated lot is a single lot zoned IS and received 2 points for its dedication under
building permit 01-1-0986. The exchanged lot would also receive 2 points if dedicated in
ROGO.
C. The exchanged property shall be located on the same island.
Both the dedicated lot and the exchanged lot are located on Big Pine Key.
D. The exchanged property shall be within a designated Tier I area or areas designated
for public acquisition for conservation and resource protection purposes.
The exchanged property is located within a proposed Tier I area.
E. The "H" value of the exchanged property shall be equal to or greater than three (3)
times the "H" values for the dedicated property for any property exchanges on Big
Pine Key or No Name Key.
Because the property exchanges are on Big Pine Key this requirement applies. The "H"
value of the dedicated property is .0006 while the H value of the exchanged property is
.0086, more than three times the H of the dedicated lot. H values were determined using
the GIS data developed by URS Corp. as a part of the HCP process.
F. The dedicated property shall only be used for principal residential and residential
accessory uses.
The applicant has stated that they intend to exchange the lot to another individual who
currently has a building permit for lot 40. The dedicated lot will be used for principal
residential purposes.
WHEREAS, the terms and conditions of the exchange of Parcel HE for Lot 39 have been
published in local newspapers at least once a week for two weeks prior to adoption of this
resolution, as required by F.S. 125.37; and
- Page 2 of3
WHEREAS, the Board of County Commissioners finds that the exchange of the
dedicated lot for the proposed exchanged lot promotes conservation and resource protection and
smart growth in Momoe COWlty; NOW THEREFORE,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY that:
Section 1. Resolution 381-2003 is hereby rescinded.
Section 2. The BOCC hereby approves the exchange of the dedicatcd property for the
exchange property.
Section 3. The BOCC directs the County Attorney's office to draft the appropriate legal
documentation to transfer the title of the dedicated property to Mr. Moyant and of the exchanged
property to Monroe County and authorizes the Mayor of Monroe County to sign said documents.
Sectjoo 4. The exchanged lot shall be inspected by Code Enforcement and all trash and
debris shall be removed prior to dedication to the County.
PASSED AND ADOPTED by the Board of COWlty Commissioners of Monroe County
Florida. at the regular meeting of said Board held on the 18th day of February, 2004.
Mayor Nelson
Mayor Pro Tem Rice
Commissioner McCoy
Commissioner Neugent
Commissioner Spehar
(SEAL)
Attest: Danny L. Kolhage, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
--
Deputy Clerk
By
Mayor/Chairperson
MONROE COUN1Y i\TTO~,~~'(
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