Resolution 381-2003
RESOLUTION NO. 381 -2003
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, APPROVING THE REQUEST OF JOHN MOY ANT
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 passed Resolution 179-2003 which adopts guidelines for
approving any exchange of property dedicated to the County for conservation purposes under
ROGO;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 ROGa 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 ID # 00111072.015000 (hereafter referred to as the 'exchanged
property'); and
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 RaGa 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
RaGa.
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 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 Monroe County; NOW THEREFORE,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY that:
Section 1. The BOCC hereby approves the exchange of the dedicated property for the
exchange property.
Section 2. 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.
Section 3. 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 County Commissioners of Monroe County
Florida, at the regular meeting of said Board held on the 17th day of September, 2003.
Mayor Spehar
Mayor Pro Tern Nelson
Commissioner McCoy
Commissioner Neugent
Commissioner Rice
yes
yes
yes
yes
yes
(SEAL) . i
Attest: Danny L. Kolhage, Clerk
By aab)c.I2v';f~
Deputy Clerk /
BOARD OF COUNTY COMMISSIONERS
OF MO~R ~ ..CO~TY, FrpRI9A .
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Mayor/Chairperson
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