Resolution 042-2023 RESOLUTION NO. 042-2023
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
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.
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
of the State's expected cessation of new development once the current pool of Rate of Growth Ordinance
(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
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; and
WHEREAS, the County acquired the lot for $5,703.19 when there we no bids for the tax deed
sale in 2020 and in 2021, the County paid $2,237.64 to satisfy the remaining tax certificates; and
WHEREAS, the County paid to demolish the partially built,unsafe structure; 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
WHEREAS, the subject lot is eligible to be sold, under the standards in Sections 2-416 et seq.
(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 Richard C
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
previously discussed would not be an appropriate use; and
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
102.4.5 of the 2030 Monroe County Comprehensive Plan; and
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 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
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.
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.
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.
(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).
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
2-241 et. seq. (neighborhood) of the County Code. In addition to the
information required by the Code, the notice to prospective bidders
shall make clear that the parcel, if purchased, cannot be used for a dog
park.
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.
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.
Mayor Craig Cates Yes
Mayor pro tern Holly Raschein Yes
Commissioner Michelle Lincoln Yes
Commissioner James Scholl Yes
�,,',hI�99Iff" 4. ,.��sioner David Rice Yes
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As Deputy Clerk _ rr Mayor Craig Cates
Robert B. Digitally signed by Robert B.Shillinger
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BOCC,ou=Monroe County Attorney,
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Approved for Form and Legal Sufficiency
Robert B. Shillinger, Monroe County Attorney
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