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Item F2aLAND AUTHORITY GOVERNING BOARD AGENDA ITEM SUMMARY Meeting Date: February 18, 2009 Division: Land Authority Bulk Item: Yes No X Contact / Phone #: Mark Rosch / 295-5180 Agenda Item Wording: Approval to purchase property for conservation - Block 3, Lots 43-45, Harris Ocean Park Estates, Key Largo. Item Background: This item is proposed to protect natural resources and property rights pursuant to County Commission Resolution 477-2008 (ROGO administrative relief). The subject property consists of three contiguous lots totaling 16,080 square feet on Pacific Avenue near mile marker 93 on the oceanside of Key Largo. The property is designated Tier 3-A Special Protection Area, zoned Improved Subdivision, and consists of tropical hardwood hammock vegetation. The Land Authority's standard purchase contract will be used for this transaction. The purchase price and estimated closing costs are listed in the agenda packet spreadsheet. Advisory Committee Action: On January 27, 2009 the Committee voted 4/0 to approve this acquisition. Previous Governing Board Action: Sitting as the County Commission, the Board approved Resolution 477-2008 on November 19, 2008 requesting the Land Authority to offer to purchase the property as administrative relief. Contract/Agreement Changes: None Staff Recommendation: Approval. Total Cost: $ 93,161.00 Indirect Cost: $ Budgeted: Yes X No — Cost to Land Authority: $93,161.00 Source of Funds: Land Authority (Tourist Impact Tax and State Park Surcharge) Approved By: Attorney X County Land Steward X . Documentation: Included: X To Follow: Not Required: — Disposition: Agenda Item I� PURCHASE CONTRACTS 02/18/09 Purchase Title Attorney Price Survey Insurance Fee Recording Total Fee Costs Harris Ocean Park Est. $90,000.00 $2,000.00 $642.50 $500.00 $18.50 $93,161.00 Block 3, Lots 43 - 45 (Pyrpiris) ■ CARIBBEAN AVE Ah T i 1 - ■il'k ARCTIC AVE - a f � �--M - r INDIAN AVE w lice 1 L --Kp. �ar0%11 �a!jhI CAVE Mom -1 I If r S- A71) �F- # A` LANTIC AVE - ,•' 41 t RESOLUTION NO. 477-2008 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY GEORGE PYRPIRIS ON PROPERTY DESCRIBED AS LOTS 43, 44, & 45 , BLOCK 3, HARRIS OCEAN PARK ESTATES SUBDIVISION, KEY LARGO, RE # 00448040.000000, 00448050.000000, & 00448060.000000 IN THE FORM OF PURCHASE OFFER FROM THE MONROE COUNTY LAND AUTHORITY. WHEREAS, George Pyrpiris submitted an application for administrative relief under Sec. 9.5-122.3 of the Monroe County Land Development Regulations; and WHEREAS, the Monroe County Board of County Commissioners makes the following findings of fact and conclusions of law: 1. The application for administrative relief from George Pyrpiris is for Lots 43, 44, & 45 , Block 3, Harris Ocean Park Estates Subdivision, Key Largo in Monroe County, Florida having RE# 00448040.000000, 00448050.000000, & 00448060.000000. 2. The date of the ROGO application is 7/13/2004. 3. The ROGO allocation application has been in the ROGO system for at least four (4) consecutive years and qualifies for administrative relief under Policy 101.6.1 of the Monroe County Year 2010 Comprehensive Plan. 4. Monroe County Code (MCC) Section 9.5-122.3 provides a mechanism whereby an applicant who has not received an allocation award in ROGO may apply to the Board of County Commissioners for administrative relief. 5. The Board of County Commissioners (BOCC) has the authority to grant administrative relief under Section 9.5-122.3(f) and may grant the applicant a building allocation, offer to purchase the property at fair market value, or provide such other relief as may be necessary and appropriate. 6. The applicant applied for administrative relief on 7/21/2008, under Section 9.5-122.3 of the MCC and Policy 101.6.1 of the 2010 Comprehensive Plan. 7. Policy 101.6.5 of the 2010 Comprehensive Plan provides criteria to be used for determining lands that are appropriate for acquisition and the criteria includes the environmental sensitivity of the vegetative habitat on the lot and the applicable Tier designation. ADMINISTRATIVE RELIEF RESOLUTION Page 1 of 2 RE# 00448040.000000, 00448M.000000, & 00448060.000000 04303068 8. The subject property has the land use district designation of Improved Subdivision (IS), is located in the Harris Ocean Park Estates Subdivision and is located in a Tier 3-A designated area. 9. Monroe County Code (MCC) Section 9.5-122.3(f) states the Board may offer to purchase property at its fair market value as the preferred action for property located within Tier 3-A. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Administrative relief is granted to George Pyrpiris, for Lots 43, 44, & 45 , Block 3, Harris Ocean Park Estates Subdivision, Key Largo in the form of a purchase offer by the Monroe County Land Authority. PASSED AND ADOPTED by the Board of County Commissioners of Monroe .ar ;C;ouply, Florida at a regular meeting held on the 19 day of November, 2008. Mayor rpn-rl%p Wei gent Yes Mayor Pro Tem, Sylvia Murphy Yes Commissioner Mario Ai Gennaro Yes Commissioner Heather Carruthers Yes =::L.Lj Commissioner ngtonYes C�l e, Z BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA B Mayor George Neugent L. KOLHAGE, CLERK DEPUTY ADMINISTRATIVE RELIEF RESOLUTION RE# 00448040.000000, 00448050.000000, & 00449060.000000 04303069 MONROE COUNTY ATTORNEY APPRO D FORM Page 2 of 2