Item H1 H.1
Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS
�� Mayor David Rice,District 4
The Florida Keys � Mayor Pro Tem Craig Cates,District 1
y Michelle Coldiron,District 2
James K.Scholl,District 3
Ij Holly Merrill Raschein,District 5
County Commission Meeting
October 19, 2022
Agenda Item Number: H.1
Agenda Item Summary #11127
BULK ITEM: No DEPARTMENT: County Land Acquisition and Land
Management
TIME APPROXIMATE: STAFF CONTACT: Christine Hurley (305) 295-5180
9:15 AM
AGENDA ITEM WORDING: Approval of a Resolution authorizing the Monroe County Land
Authority to initiate the Process for selling one (1) vacant county owned lot located at 104 Jamaica
Street, Duck Key, provided that the lot is deed restricted to prohibit the construction of a principal
residential dwelling unit thereon, to contiguous property owners, or the Duck Key Property Owners'
Association.
ITEM BACKGROUND:
On August 1, 2022, the Duck Key Property Owners' Association submitted a letter to the County
requesting a discussion to potentially purchase the subject lot (RE: 00379540-000000), owned by
Monroe County, for development of a Dog Park for Duck Key residents.
On August 17, 2022, the BOCC discussed the request. The BOCC asked staff to contact property
owners next to the vacant lot to determine:
1. Their interest in purchasing the lot (2 (Bauza and Mola) of the three adjacent owners (Bauza,
Mola, and Wisniewski) are eligible to purchase).
2. Their opinion of a Dog Park on the vacant lot (3 are next to the lot — Bauza, Mola, and
Wisniewski)
County staff contacted the following property owners. This summary shows their responses:
Name Interest in Purchasing Opinion of Dog Park
Bauza No response No response
Mola Not interested in purchasing Opposed to Dog Park
Wisniewski Not eligible for purchase No response
The attached resolution to sell one (1) lot in Duck Key, Center Island Subdivision, following the
procedures in Ordinance 001-2022, which is now codified at Sections 2-416 etseq. (contiguous) and
Section 2-421 et seq. (neighborhood POA) of the County Code.
Packet Pg. 2185
H.1
The ordinance requires the County Commission to approve offering the lot for sale. Staff are
seeking direction before the resolution is passed on whether to offer to:
1. Contiguous Property Owners
2. DKPOA
3. No one
The resolution also requests staff to send notices to contiguous property owners with primary
dwelling units and property owners' associations eligible to purchase the lots without development
rights for a primary residential dwelling unit and to be used in accordance with County code.
The purchaser will be required to allow recordation of:
• A Deed restriction that disallows owner from seeking a building permit for a dwelling
unit in the future; and
• A unity of title is required to join it with the contiguous parcel with the primary dwelling
unit if sold to a contiguous property owner
Staff will send written notices to the (2) contiguous property owners with primary dwelling units and
the Duck Key Property Owners' Association offering the lots for sale, depending on direction by the
BOCC.
Each notice will include:
• Legal Description of lot(s)being offered
• A minimum purchase price and statements —the lot was appraised at$51,000.
• Deadline to submit bid
• Requirement for 10%bid deposit
• Section for purchaser to sign agreeing to Deed Restriction and Unity of Title
• Section for agreement to purchase and estimated closing date (closing must occur within
6 months of offer acceptance)
The recommended bids will be placed on the County Commission meeting for acceptance. At that
point, the Commission retains the right to accept the highest bid or reject all bids.
PREVIOUS RELEVANT BOCC ACTION:
1/21/2022, BOCC adopted Ordinance 001-2022 creating Resale Program.
8/17/22, BOCC directed staff to survey contiguous property owners for their interest in purchasing
the vacant, county owned lot, to obtain contiguous property owner input about development of a dog
park by the POA, and to bring forward a resolution for potential sale of the vacant lot.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
Packet Pg. 2186
H.1
DOCUMENTATION:
DKPOA Dog Park Letter 8-1-22
Resolution authorizing Duck Key lot to be sold without development rights
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
Christine Hurley Completed 09/13/2022 2:37 PM
Bob Shillinger Completed 09/19/2022 5:24 PM
Dina Gambuzza Completed 09/19/2022 5:33 PM
Budget and Finance Completed 09/20/2022 9:26 AM
Purchasing Completed 09/20/2022 9:27 AM
Risk Management Completed 09/20/2022 10:01 AM
Lindsey Ballard Completed 09/20/2022 12:59 PM
Board of County Commissioners Pending 10/19/2022 9:00 AM
Packet Pg. 2187
Du Property Owners' Association
August 1, 2D22
Dear David Rice and Christine Hurley
| am writing you today asafollow up to o discussion we have had with David Rice and Christine Hurley on a
property Monroe County now owns after a code compliance violation was actioned and closed at 104 Jamaica
Street Duck Key, Florida 33O5O - Parcel |DOO@7954O-OU0OUO. Duck Key Property Owners Association would CL
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like to enter into discussion on this property's ownership with the intent of making it into a Dog Park for Duck
Key Residents. We are looking to understand what the process would be for DKPOA to take ownership of this l0
property from the county and what the restriction on the property would be. Monroe County took ownership of
this property on1O/21/2Oina Tax Deed transaction for$SQOO. Based on this property value vve would also like �
to understand the annual tax liability for this property going forward. =
Please let me know what the next steps would be to continue this conversation. �
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Sincerely,
Ron Oeotreicher
Prem|dentDKPOA
The DKPO4Board: Ron Oestreicher, President; John Schwarz, VP; Karen White, Secretary,- Jan Anderson, W
Treasurer; Dr. James Bicknell, Barbara McKinney, Michael Solomon,John Wolfe, Directors. CL
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Packet Pg. 2188
H.1.b
RESOLUTION NO. -2022
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AUTHORIZING THE MONROE COUNTY LAND AUTHORITY u
TO INITIATE THE PROCESS FOR DISPOSING OF (1) VACANT
COUNTY OWNED LOT IN DUCK KEY CENTER ISLAND
COMMONLY KNOWN AS 104 JAMAICA STREET, DUCK KEY,
WITH PARCEL ID NUMBER 00379540-000000, PROVIDED
THAT THE LOT IS DEED- RESTRICTED TO PROHIBIT THE
CONSTRUCTION OF A PRINCIPAL RESIDENTIAL DWELLING
UNIT THEREON; COMBINDED BY UNITY OF TITLE IF SOLD
TO A CONTIGUOUS PROPERTY OWNER; AND FOLLOWING
DISPOSITION PROGRAM STANDARDS IN MONROE COUNTY
CODE SECTIONS 2-416 THROUGH 2-423, AS PART OF THE
COUNTY'S DENSITY REDUCTION PROGRAM.
WHEREAS, in 2016, the Board of County Commissioners (the "BOCC") initiated a Density .2
Reduction Program to purchase development rights from the owners of private property in anticipation
of the State's expected cessation of new development once the current pool of Rate of Growth Ordinance W
(ROGO) allocations is exhausted; and
WHEREAS, the goals of the County's Density Reduction Program are to 1) reduce ongoing
development pressures and the resulting effect on hurricane evacuation clearance times, 2) reduce the
demands on public facilities and infrastructure, and 3) protect property owner rights, thus ultimately 0
avoiding unnecessary costs associated with defending property rights claims; and
WHEREAS, the subject lot (Parcel ID#: 00379540-000000) was the subject of a code
compliance case where the lien had reached approximately $545,000 due to the construction of a
partially built home that the owners abandoned.
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WHEREAS, the County acquired the lot for $5,703.19 when there we no bids for the tax deed 0
sale in 2020 and in 2021, the County paid $2,237.64 to satisfy the remaining tax certificates. 0
WHEREAS, the County paid to demolish the partially built, unsafe structure.
WHEREAS, Ron Oestreicher, President of the Duck Key Property Owners' Association (the U
"DKPOA") sent a letter on behalf of the DKPOA requesting to enter into discussions on the subject lot
for use as a Dog Park for Duck Key residents; and
WHEREAS, the BOCC created the Disposition Program with standards by Ordinance 001-
2022, which are now codified at Sections 2-416 et seq. (contiguous lot) and 2-421 et seq.
(neighborhood) of the County Code; and 0
WHEREAS, the subject lot is eligible to be sold, under the standards in Sections 2-416 et seq. U)
(contiguous lot) and 2-421 et seq. (neighborhood) of the County Code; and
WHEREAS, the BOCC finds the DKPOA is a qualified buyer of the density reduction lot in
Duck Key Center Island Subdivision; and
WHEREAS, the BOCC finds there are two contiguous Property Owners to the subject lot:
Dolphin Building Property LLC, whose address is 470 Central Blvd, Miami FL 33144 and
Packet Pg. 2189
H.1.b
and Gloria J Mola, whose address is 19 Bethel Street, Norwalk, CT, 06855, who are qualified buyers of
the density reduction lot in Duck Key Center Island Subdivision; and
WHEREAS, the BOCC finds that the best use of the subject lot is to offer the lot for sale to 2
contiguous property owners or to DKPOA; and
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WHEREAS, the deed restricted lot will be offered for sale to the highest and best bidder
pursuant to the requirements set forth in Sections 2-416 et seq. (contiguous lot) and 2-421 et seq.
(neighborhood) of the County Code; and
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WHEREAS,the sale of this deed restricted lot is consistent with Policies 102.4.3 and 102.4.5 of
the 2030 Monroe County Comprehensive Plan; and 0
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WHEREAS, the Monroe County Board of County Commissioners must approve a resolution
directing initiation of the disposition following standards set forth in Sections 2-416 et seq.
(contiguous lot) and 2-421 et seq. (neighborhood) of the County Code; and
WHEREAS, the Monroe County Land Authority shall send notices of this disposition offering
to owners of contiguous properties and the Duck Key Property Owners' Association, by certified mail,
and request bids from those property owners;
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NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
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Section 1• The"Whereas" clauses set forth above are incorporated as findings by the Board. 2
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Section 2: The Monroe County Land Authority is authorized to simultaneously initiate the
process set forth in Sections 2-416 et seq. (contiguous lot) and 2-421 et seq. 0
(neighborhood) of the County Code to dispose of one County owned density reduction
lot located at 104 Jamaica Street, Duck Key, (Parcel ID#: 00379540-000000).
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Section 3• The Monroe County Land Authority shall follow the Program Standards and the .0
Process identified in Sections 2-416 et seq. (contiguous lot) and 2-421 et seq.
(neighborhood) of the County Code.
Section 4• Any revenue derived from the sale of this lot shall be deposited to Fund 316, the fund
used to pay for land acquisitions under the density reduction program and/or Less than
Fee Program,per Section 2-423 of the County Code.
Section 5: This resolution shall take effect upon adoption. 0
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,Florida,
at a regular meeting of said Board held on the 19th day of October, 2022.
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Mayor David Rice
Mayor pro tem Craig Cates
Commissioner Michelle Coldiron u
Commissioner James Scholl
Commissioner Holly Raschein
(SEAL)
ATTEST: KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS Packet Pg. 2190
OF MONROE COUNTY, FLORIDA
As Deputy Clerk Mayor David Rice
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Approved for Form and Legal Sufficiency
Robert B. Shillinger, Monroe County Attorney
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Packet Pg. 2191
Agenda Item H . 1
Name Interest in Purchasing Opinion of Dog Park
r Bauza Not interested in purchasing Opposed to Dog Park
y o� Mola Not interested in purchasing Opposed to Dog Park
a Wisniewski Not eligible for purchase No response
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Decision Points:
#1: Offer Subject Property to:
• Contiguous Property Owners; or
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• Property Owner Association • or
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• Both Contiguous Property Owners and
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Property Owner Association; or
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No one
#2: Set minimum bid amount:
`�y �' Appraised Value: $51,000