Item F4 F.4
County of Monroe P W
;� w 1rJ� BOARD OF COUNTY COMMISSIONERS
r,�� Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tem Holly Merrill Raschein,District 5
y Michelle Lincoln,District 2
James K.Scholl,District 3
Ij David Rice,District 4
County Commission Meeting
January 18, 2023
Agenda Item Number: F.4
Agenda Item Summary #11541
BULK ITEM: No DEPARTMENT: County Land Acquisition and Land
Management
TIME APPROXIMATE: STAFF CONTACT: Christine Hurley (305) 295-5180
n/a
AGENDA ITEM WORDING: Approval of a resolution of the Board of County Commissioners
authorizing the Monroe County Land Authority to initiate the process for disposing of one (1) vacant
County owned lot on 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; combined 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.
ITEM BACKGROUND: This item is the latest of a series of items dealing with a County owned
vacant lot located at 104 Jamaica Street on Duck Key (Parcel ID: 00379540-000000). The proposed
resolution, if adopted, would initiate the process to dispose of that lot to either an adjacent neighbor
or the Duck Key Property Owners Association ("DKPOA"). The resolution, as drafted, sets a
minimum bid price of $51,000 and directs staff to notify prospective bidders that the parcel, if
purchased, cannot be used as a dog park.
On August 1, 2022, DKPOA submitted a letter to the County requesting a discussion to potentially
purchase the subject lot for development of a dog park for use by DKPOA members and their dogs.
On August 17, 2022, the BOCC discussed the request (Item N-3). The BOCC asked staff to contact
property owners next to the vacant lot to determine their interest in purchasing the lot. Two property
owners were eligible under the program requirements as contiguous. The Board also asked staff to
ask adjacent property owners their opinion of the dog park.
On October 19, 2022, the BOCC considered a resolution (Item H-1) to initiate formally the process
to dispose of the lot pursuant to the process set forth at Sections 2-416 to 2-422 of the County Code.
During the discussion of that time, staff reported that two of the three adjacent owners were not in
favor of the dog park and at least one owner expressed interest in purchasing the site. Given the
objections of the neighbors, the Board did not authorize staff to offer the property for sale to
DKPOA as a dog park. The Board directed staff to search for an alternative lot to purchase for
potential resale to DKPOA as a dog park. On November 15, 2022, the Board declined to acquire an
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alternate lot that staff had identified. (Item I-6).
Given that at least one contiguous property owner has expressed interest in purchasing the 104
Jamaica Street lot, staff recommends offering that lot to contiguous property owners and the
neighborhood association, not for use as a dog park; but for any other use that may interest the
neighborhood. The proposed resolution initiates the formal process to sell the subject lot pursuant to
the standards set forth at Sections 2-416 et seq. (contiguous) and Section 2-421 et seq.
(neighborhood POA) of the County Code. The Code requires the County Commission approve
offering the lot for sale.
Under the Code, the successful bidder 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.
• If DKPOA is the successful bidder, an additional deed restriction would be required to
prohibit the use of the lot as a dog park.
• If a contiguous property owner is the successful bidder, that buyer would also be required
to execute a Unity of Title that would join it with the contiguous parcel with the primary
dwelling unit.
If the resolution is approved, staff will send written notices to the two (2) contiguous property
owners with primary dwelling units and DKPOA offering the lots for sale. 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
six (6) months of offer acceptance).
• Notification that the lot, if purchased, cannot be used as a dog park.
The recommended bid will be placed on the agenda for a future County Commission meeting held in
Marathon for consideration. At that point, the Commission has the right to accept the highest bid or
reject all bids.
PREVIOUS RELEVANT BOCC ACTION:
01/21/22, (Item R-1), BOCC adopted Ordinance 001-2022 creating Resale Program.
08/17/22, (Item N-3), BOCC directed staff to survey contiguous property owners for their interest in
purchasing the lot, to obtain contiguous property owner input about development of a dog park by
DKPOA, and to bring forward a resolution for potential sale of the vacant lot.
10/19/22, (Item H-1), BOCC declined to approve a resolution to initiate the process to sell this same
lot to adjoining property owners or DKPOA based upon the neighbors' objections to DKPOA's
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request use of the property as a dog park. Board directed staff to search for an alternative lot for
potential as a dog park.
11/15/22, (Item I-6), BOCC voted 5-0 to deny a request to purchase an alternative lot to potentially
resell to DKPOA to use as a dog park.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
BOCC Resolution to Dispose of 104 Jamaica Street
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 12/16/2022 10:30 AM
Bob Shillinger Completed 12/16/2022 10:53 AM
Dina Gambuzza Completed 12/16/2022 11:26 AM
Lindsey Ballard Completed 12/16/2022 3:58 PM
Board of County Commissioners Pending 01/18/2023 9:00 AM
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F.4.a
RESOLUTION NO. -2022
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AUTHORIZING THE MONROE COUNTY LAND AUTHORITY
TO INITIATE THE PROCESS FOR DISPOSING OF ONE (1)
VACANT COUNTY OWNED LOT IN DUCK KEY CENTER 0
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; COMBINED BY A
UNITY OF TITLE IF SOLD TO A CONTIGUOUS PROPERTY a�
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
Reduction Program to purchase development rights from the owners of private property in anticipation 2
of the State's expected cessation of new development once the current pool of Rate of Growth Ordinance U)
(ROGO) allocations is exhausted; and
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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 2
avoiding unnecessary costs associated with defending property rights claims; and
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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; and
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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; and 0
WHEREAS, the County paid to demolish the partially built, unsafe structure; and 0
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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 0
County Code; and
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WHEREAS, the subject lot is eligible to be sold, under the standards in Sections 2-416 et seq. 0
(contiguous lot) and 2-421 et seq. (neighborhood) of the County Code; and °0
WHEREAS,the BOCC finds the DKPOA is a qualified buyer of the density reduction lot in Duck E
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 Richard C
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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 both contiguous property owners and to DKPOA; however, the use of a dog park, as F
previously discussed would not be an appropriate use; and 2
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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
WHEREAS, the sale of this deed restricted lot is consistent with Policies 102.4.3 and U)
102.4.5 of the 2030 Monroe County Comprehensive Plan; and
WHEREAS, the Monroe County Board of County Commissioners must approve a U
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 commissioned and received an
appraisal of the property without development rights as described in Code Sections 2-416
through 2-423 in September, 2022 in the amount of$51,000; and 0
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WHEREAS, the Monroe County Land Authority shall send notices of this disposition 0
offering to owners of contiguous properties and the Duck Key Property Owners' Association,
by certified mail, and request bids from those property owners.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA: �?
Section 1: The"Whereas" clauses set forth above are incorporated as findings by the Board.
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i n 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.
(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). 0
Section 3• The Monroe County Land Authority shall follow the Program Standards
and the Process identified in Sections 2-416 et seq. (contiguous lot) and U)
2-241 et. seq. (neighborhood) of the County Code. In addition to the W
information required by the Code, the notice to prospective bidders U
shall make clear that the parcel, if purchased, cannot be used for a dog 00
park.
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Section 4• The minimum bid shall be $51,000.00.
Section 5• 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 6: This resolution shall take effect upon adoption.
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 18th day of January 2023.
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Mayor Craig Cates C
Mayor pro tem Holly Raschein
Commissioner Michelle Lincoln 0
Commissioner James Scholl
Commissioner David Rice
(SEAL) r i
ATTEST: KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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As Deputy Clerk Mayor Craig Cates
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Approved for Form and Legal Sufficiency
Robert B. Shillinger, Monroe County Attorney
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