Item K2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
Dec. 15.2004
Division:
Growth Management
Bulk Item: Yes
No: X-
Department: Planning and Environmental Resources
AGENDA ITEM WORDING:
A discussion on the County's position regarding the first right of refusal for Florida Department of
Transportation Surplus Property located at approximately Mile Marker 102.8, Bayside "Sundiver Station"
Dive Shop.
ITEM BACKGROUND:
The subject ROW is approximately 7,365 square feet and is currently leased for parking by the adjacent
business. In accordance with Section 337.25 (4), Florida Statutes, FDOT is offering Monroe County, the
first right of refusal to acquire the subject parcel before proceeding to public bid.
Should the county express an interest in purchasing the property, an appraisal will be prepared to
determine the fair market value to be paid for the property.
PREVIOUSLY RELEVANT BOCC ACTION:
November 10, 1999- Resolution 565-1999 recommending that the Florida Department of Transportation
deny requests to surplus properties adjacent to U.S. 1 until Board Action is taken on the Overseas
Heritage Trail and the Stormwater Master Plans.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
Staff recommends that the County express an interest in purchasing the property until the completion of the Livable
CommuniKeys Plan and Corridor Master Plan. After completion of the planning studies, staff can provide better
information and analysis regarding the need for the subject ROW.
TOTAL COST:
o
BUDGETED: Yes
No X
COST TO COUNTY: 0
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No-K-
AMOUNT PER MONTH
Year
APPROVED BY: County Atty
OMBlPurchasing ~ Risk Ma agemen!
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d'-c!'UG'~J.r
Timothy J. McGa
DIVISION DIRECTOR APPROVAL:
t
Not Required
DOCUMENTATION: Included X
To Follow
DISPOSITION:
AGENDA ITEM #
~
County of Monroe
Growth Manal!:ement Division
2798 Overseas Highway
Suite 400
Marathon, Florida 33050
Voice: (305) 289-2500
FAX: (305) 289-2536
Board of County Commissioners
Mayor Dixie Spehar, Dist. 1
Mayor Pro Tern Charles "Sonny McCoy, Dist. 3
Comm. George Neugent, Dist. 2
Comm. David P. Rice, Dist. 4
Comm. Murray Nelson, Dist. 5
TO:
Board of County Commissioners
K. Marlene Conaway, Director, Planning and Environmental Resources Departmen~ItE'
FROM:
RE:
Surplus of Florida Department of Transportation (FDOT) Right-of-Way
at approximately Mile Marker 102.8, Bayside
DATE:
November 29, 2004
Issue:
The Florida Department of Transportation (FDOT) in accordance with Section 337.25 (4), Florida
Statutes, is offering Monroe County the first right of refusal to purchase the subject property. FDOT is
requesting an indication of the County's interest in purchasing the subject property.
Background:
The subject property is approximately 7,365.87 square feet on the bayside of US-l abutting lots 14, 15, &
16, Block 11 "Twin Lakes" subdivision. Currently, the subject parcel is leased to the adjacent property
owner for use as a parking lot by "Sundiver Station Snorkel Shop" (See Location Map). The property
owner has approached FDOT about purchasing the ROW.
Should the County indicate an interest in purchasing the parcel, an appraisal will be prepared to
determine the fair market value to be paid for the property.
Staff has previously indicated to FDOT their obj ection to the sale of any ROW in Key Largo prior to the
completion of the Key Largo Livable CommuniKeys Plan and the US-l Corridor Master Plan. Staff's
position is that until the planning studies are completed, the sale of any ROW will be done without
consideration for the future vision for redeveloping the US-l Corridor. Secondly, the loss of public
control over available ROW will be detrimental to the implementation of recommendations from the
planning studies. Thirdly, the loss of available ROW during the planning period could lead to planning
decisions that are not feasible, due to the reduction of available ROW. Finally, the sale of ROW to
adjacent property owners increases the County's potential liability to private property owners. The sale
of ROW to adjacent commercial owners increases the size of the lot and therefore the development
potential of the site. With a limited amount of development square footage available for allocation under
the County's Non-Residential ROGO (NROGO) system, the County's potential liability to private
property owners increases. (See letter dated Nov. 24, 2004 from K. Marlene Conaway, Planning Director
to Karen Weel, Property Management Agent, FDOT).
Recommendation:
Staff recommends that the County express an interest in purchasing the property until the completion of
the Livable CommuniKeys Plan and Corridor Master Plan. After completion of the planning studies,
staff can provide better information and analysis regarding the need for the subject ROW.
20f2
County of Monroe
Growth Mananment Division
2798 Overseas Highway
Suite 400
Marathon, Florida 33050
Voice: (305) 289-2500
FAX: (305) 289-2536
Board of County Commissioners
Mayor Dixie Spehar, Disl. I
Mayor Pro Tern Charles .Sonny McCoy, Dill. 3
Comm. George Neugent, Disl. 2
Comm. David P. Rice, Disl. 4
Comm. Murray Nelson, Disl. 5
November 24, 2004
Ms. Karen Weel, Property Management Agent
Office of Right of Way
1000 NW III th Avenue, Room 61 05-B
Miami, FL 33172
BY FAX: 305-499-2340 and
REGISTERED MAIL
RE: FDOT Surplus Property abutting Lots 14, 15, & 16, Block 11 "Twin Lakes" Key Largo,
Approximately Mile Marker 102.5 "Sundiver Station" Dive Shop
Dear Ms. Weel:
In response to your letter to Mayor Murray Nelson regarding the sale of the subject property, please be
aware that a County decision to purchase or not purchase the subject ROW would require approval of the
Board of County Commissioners (BOCC) during a public meeting. Also, the BOCC previously passed
Resolution #565-1999 which requests that FDOT deny all surplus requests until the board has taken
action on Overseas Heritage Trail and Stonnwater Master Plan (See Attachment). Therefore, we are
requesting additional time for the Planning Department to prepare an agenda item regarding this issue for
the next available BOCC meeting.
To restate the Planning Department's position, we again express our strong opposition to the sale of the
subject Right-of-Way (ROW) at this time. As previously communicated to your office by our staff, the
Planning Department is currently working with the Key Largo community to complete a Corridor
Enhancement Plan and a Community Master Plan.
In coming to your decision about the sale ofthis ROW, please consider the following points:
1. Pending the completion of the aforementioned planning studies, staff is of the opinion that the sale of
any ROW will be done without consideration for the future vision for redeveloping the US-I
corridor.
2. The loss of public control over the ROW will be detrimental to the implementation of
recommendations from the planning studies. As available ROW for public use becomes limited on
US-I, then the available alternatives for improving US-I Corridor and the Key Largo community also
becomes limited.
3. Sale of any ROW while the study is in progress would put County staff and the community in a
position of uncertainty regarding the availability of ROW. The loss of ROW during this planning
period could lead to planning decisions that are not feasible due to the loss of right of way, or force
the County to spend additional public funds to acquire property to implement findings of the study.
4. A major issue of concern is the available development potential that becomes available with the sale
of ROW to private developers. The sale of ROW to adjacent commercial owners increases the size of
the lot and therefore the potential development of the site. With a limited amount of development
square footage available for allocation in Monroe County, this situation increases the County's
potential liability to private property owners.
Should you have any questions regarding this letter, please do not hesitate to contact me or Jose Papa at
305-289-2514.
Sincerely,
;r~A~ ~
K. Marlene Conaway, Director
Planning and Environmental Resources Department
c. Board of County Commissioners
Thomas Willi, County Administrator
Suzanne Hutton, Assistant County Attorney
Timothy J. McGarry, AICP, Director, Growth Management Division
Mark Rosch, Executive Director, Monroe County Land Authority
David Dacquisto, Upper Keys Island Planning Team Director
Jose Papa, AICP, Bicycle-Pedestrian Planning Coordinator V
Growth Management
RESOLUTION ## 565 -1999
A RESOLUTION BY THE MONROE COUNTY
BOARD OF COMMlSSIONERS EVIDENCING ITS
POLICY THAT MONROE COUNTY RECOMMEND
THAT THE FLORIDA DEPARTMENT OF
TRANSPORTATION DENY THE REQUESTS TO
SUPLUS THE PROPERTY ADJACENT TO u.s. 1
UNTIL BOARD ACTION IS TAKEN ON THE
OVERSEAS HERITAGE TRAIL AND THE
STORMW A TER MASTER PLANS
WHEREAS, the Monroe County Board of Commissioners has initiated two
cOWlty-wide master planning efforts that look closely at the use of U.S. 1 and the right-
of-way adjacent to it, that is, the Overseas Heritage Trail Master Plan and the
Stonnwater Master Plan; and
WHEREAS, during the course of these projects, planners and designers will be
identifying suitable locations along U.S. 1 and in its rights-of-way for facilities such as
bicycle trails, trail heads, pedestrian walkways, other accessory trail uses, landscaping
and stonnwater drainage areas; and
WHEREAS, final recommendations on the design, construction and
maintenance of these facilities will be provided in those plans; and
WHEREAS, action by the Board of COWlty Commissioners will be taken on
these recommendations; and
WHERAS, the Florida Department of Transportation considers requests to sell
parcels ofland adjacent to U.S. 1 on a regular basis; and
WHEREAS, selling these lands before the Board of COWlty Commissioners can
act on the recommendations of the master plans puts the integrity of the planning
process and the ultimate benefits to Monroe COWlty at risk.
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Page] of2
Growth Management
.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT:
It shall be the policy of Monroe County requesting that the Florida Department of
Transportation deny any requests to surplus properties adjacent to U.S. I until the Board
of County Commission has taken action on the Overseas Heritage Trail and the
Stormwater Master Plans.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting of said Board held on the lOthd8Y of November,
1999.
Connn. vilhemin8 Harvey
Mayor' . Shirley Freeman
Commissioner George Neugent
Commissioner Nora Williams
Commissioner Mary Kay Reich
yes
yes
yef:j
yee
yes
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:} '.~>? ~~~: DANNY L. KOLHAGE, Clerk
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BOARD OF COUNTY COMMISSIONERS
OF MO~ E ~OUNTY, FLORIDA
BY: ~ J.
MAYOR I lRPERSON
eyt, Otlice
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