Item I01
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 15. 2005
Division:
Growth Management
Bulk Item: Yes ---X- No
Department: Planning Department
Staff Contact Person: K. Marlene Conaway
AGENDA ITEM WORDING: Approval of a resolution to approve the request by Mr. Robert and Mrs.
Lourdes Vila to exchange their property known as Block 7, Lot 12, Ramrod Shores Marina, Ramrod Key for
property owned by the Monroe County Board of County Commissioners known as Block 5, Lot 11, Ramrod
Shores Marina, Ramrod Key.
ITEM BACKGROUND: Me and Mrs. Vila are requesting to exchange their property on Ramrod Key known
as Block 7, Lot 12, Ramrod Shores Marina, RE# 00208200.000000 for property on Ramrod Key owned by the
Monroe County Board of County Commissioners known as Block 5, Lot 11, Ramrod Shores Marina, RE#
0021081 L005700. The two subject properties are identified by Bacc Resolution 077-2005 as "grandfather"
lots to be exempted from the provisions of said resolution. The County passed Resolution 077-2005 which
defers actions on consideration of land swaps of properties which have been dedicated to the County under
ROGa to prevent erosion of the County acquisition program by piece meal private party requests for land swaps
of such properties. Resolution 077-2005 exempted four parcels of which the two subject parcels are part.
PREVIOUS REVELANT BOCC ACTION: Approval of Resolution 179-2003 which adopts guidelines for
approving any exchange of property dedicated to the County for conservation purposes under ROGa. Approval
of Resolution 077-2005 which defers actions on consideration of land swaps of properties which have been
dedicated to the County under ROGO.
CONTRACT/AGRKEl\iU2NT CHANGES: NiA
ST A.FF RECOMMENIM.TIONS: Approval.
TOTAL COST:
NiA
BUDGETED: Yes NiA No
COST TO COUNTY: N/A
REVENUE PRODUCING: Yes N/A No _AMOUNT PER MONTH_ Year
DIVISION DIRECTOR APPROVAL:
NiA
APPROVED BY: County Atty ---X- OMB/Purchasing NA
DOCUMENTATION: Included X
Not Required~
DISPOSITION:
AGENDA ITEM #_
J\tlONROE COUNTY LAND EXCHANGE
BETWEEN
MONROE COUNTY BOARD OF COUNTY COI\IMISSIONERS
AND
MR. ROBERT & MRS. LOURDES VILA
BOARD OF COUNTY COMIVUSSIONERS
MARATHON
JUNE 15,2005
MONROE COUNTY LAND EXCHANGE
BETWEEN
MONROE COUNTY BOARD OF COUNTY COJ\'IMISSIONERS
AND
MR. ROBERT & I\lRS.LOURDES VILA
A REQUEST FROM MR. & l\-IRS. VILA TO EXCHANGE
PROPERTIES
RECOMJ'VIENDA TIONS
Staff: Approval
DRC: Approval
PC: Approval
April 27, 2005
May 3,2005
Mayl 1,2005
Staff Report
Resolution
Resolution
DRAFT BOCC ORDINANCE
RESOLUTION NO. 2005
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST
OF ROBERT AND LOURDES VILA TO EXCHANGE
PRIVATELY O\VNED LAND OF CONSERVATION VALUE
FOR LANDS DEDICATED TO THE COUNTY FOR
CONSERV A TIONPURPOSES UNDER THE COUNTY'S
RA TE OF GROWTH ORDINANCE AS PER RESOLUTION
179-2003
WHEREAS, the Board of County Commissioners has authority under Section
125.37, Florida Statutes, 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, Section 125.37, Florida Statutes, authorizes such an exchange
provided that the statutes, terms and conditions of said transfer are first published once a
week for at least two weeks in a newspaper of general circulation before adoption by the
Board of County Commissioners of a resolution authorizing the exchange of the
properties; and
WHEREAS, the Board passed Resolution 179-2003 which adopts !,,'Uidelines for
approving any exchange of property dedicated to the County for conservation purposes
under ROGO; and
WHEREAS, the Board passed Resolution 077-2005 defening actions on
consideration of land swaps of properties which have been dedicated to the County under
ROGO to prevent erosion of the County's acquisition program by individual requests and
approving exemption requests of four parcels of which include RE Nos 0000210811-
005700 and 00208200-000000.
WHEREAS, Mr. and Mrs. Robert Vila who currently own property known as
Ramrod Shores Marina, Block 7, Lot 12, Section 31, Township 66, Range 29, having
Real Estate ID# 00208200-000000 has requested approval to exchange properties under
Resolution 179-2003; and
WHEREAS, this property shall hereafter be referred to as the "Vila" property;
and
WHEREAS, the County of Monroe, State of Florida, procured the property
known as Ramrod Shores Marina, Block 5, Lot 11, Section 31, Township 66, Range 29,
having Real Estate ID# 00210811.005700 through a Warranty Deed dated the 28th of
September, 1999, from Ralph Ronald Hilpot that was ROGO dedicated under building
pennit #97-1-0840; and
WHEREAS, this property shall hereafter be referred to as the "BOCC" property;
and
WHEREAS, Mr. and Mrs. Vila are requesting ownership of the "BOCC"
property in exchange for the "Vila" property; and
WHEREAS, Staff has found the "Vila" property to be of higher value for
conservation and resource protection than the "BOCC" property as required by
Resolution 179-2003; and
WHEREAS, Staff finds that the guidelines set forth in Resolution 179-2003 have
been addressed as tl'Jllows:
A. The "Vila" property shall meet all the requirements tor a dedicated lot or
acre of unplatted land under Section 9.5-122.3(a)(5), Monroe County
Code.
The applicant's property is located within the Ramrod Shores Marina with a
lot size of 6,200 square feet or approximately one and a half (1.5) acres. The
lot is zoned IS which has an allocated density of 1 dwelling unit per lot. The
lot is buildable.
B. The "Vila" property must be eligible to receive Rate of Growth Ordinance
(ROGO) points for dedication purposes equal to or greater than the points
awarded to the "BOCC" property.
The "Vila" property is a single lot zoned Improved Subdivision and would
receive 2 points if dedicated within, or under the current ROGO evaluation
criteria.
C. The exchanged property shall be located on the same island.
Both the "BOCC" lot and the "Villa" lot are located on Ramrod 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 designated for public acquisition for conservation
and resource protection by Monroe County and is designated as Tier 1.
E. The "H" value of the exchanged property shall be equal to or h1fater than
three (3) times the "H" values for the dedicated property tor any property
exchanges on Big Pine Key or No Name Key.
The properties are not on Big Pine Key or No Name Key.
F. The "BOCC" property shall only be used tor principal residential and
residential accessory uses.
The applicant has stated in their letter dated January 18, 2005, that the
dedicated lot will be used for principal residential purposes.
WHEREAS, the terms and conditions of the exchange of Block 7, Lot 12 for
Block 5, Lot II have been published in local newspapers at least once a week for two
weeks prior to adoption of this resolution, as required by F.S. 125.37; and
WHEREAS, the Board of County Commissioners finds that the exchange of the
"BOCC" lot for the proposed "Vila" 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, FLORIDA, that:
Section 1. The BOCC hereby approves the exchange of the "BOCC" property tor the
"Vila" property.
Section 2. The BOCC directs the County Attorney's otlice to draft the appropriate legal
documentation to transfer the title of the dedicated property to Mr. and Mrs. Vila and of
the exchanged property to Monroe County and authorizes the Mayor of Monroe County
to sign said documents.
Section 3. The "Vila" 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 a regular meeting held on the __m~ day of , A.D., 2005.
Mayor Dixie Spehar
Mayor Pro Tem Charles "Sonny" McCoy
Commissioner Murray Nelson
Commissioner George Neugent
Commissioner David Rice
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
BY
Mayor/Chairperson
(SEAL)
ATTEST: DANNY L KOLHAGE, CLERK
OllIe:
BOCC STAFF REPORT
Tw Vila Rev2
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5/26/2005
MEJ\<10RAND UlVl
TO:
Board of County Commissioners
FROM:
K. Marlene Conaway, Director of Planning
RE:
Mr. and Mrs. Vila Land Exchange Request
Date:
May 20, 2005
MEETING DATE: June 15, 2005
EXISTING FUTURE LAND USE DESIGNATION:
Residential Medium (RM)
EXISTING ZONING DESIGNATION:
Improved Subdivision (IS)
PROPOSED ZONING DESIGNATIONS:
Improved Subdivision (IS)
PROPERTY OWNER:
Robert and Lourdes Vila
AGENT:
None
PROPERTY INFORMATION
Key:
Ramrod Key
Size:
6,200 square feet ( 1.5 Acres)
Mile Marker:
MM 5 of U.S. Highway No. I
Location Detail & Brief Description:
The propeliies are located within the subdivision commonly known as the Ramrod
Shores Marina on Ramrod Key. The Vila's have a contingent contract for Block 7, Lot
12, Section 31, Township 66, Range 29, with RE # 00208200.000000 (hereatter referred
to as the "Vila" lot). The Vila's request to exchange that property with property owned
by the County known as Block 5, Lot 11, Section 29, Township 66, Range 29, with RE #
00210811.005700 pursuant to Section 9.5-122.3(5), Monroe County Code.
Tw Vila Rev2
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5:26!2005
FINDINGS OF FACT AND CONCLUSIONS OF LAW
L The Board of County Commissioners has authority under Section 125.37,
Florida Statues, tollowing proper notice, to exchange properties without
going through bid procedures, provided that in the opinion of the Board the
property is no longer needed tor 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
2. Section 125.37, Florida Statues, authorizes such an exchange provided that
the terms and conditions of said transfer are first published once a week for
at least two weeks in a newspaper of general circulation betore adoption by
the Board of County Commissioners of a resolution authorizing the
exchange of the properties; and
3. 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
4. The Board passed Resolution 077-2005 deferring actions on consideration
of land swaps of properties which have been dedicated to the County under
ROGO to prevent erosion of the County's acquisition program by individual
requests and approving exemption requests of four parcels of which include
RE Nos 0000210811-005700 and 00208200-000000.
5. Me and Mrs. Robert Vila who currently own property known as Ramrod
Shores Marina, Block 7, Lot 12, Section 31, Township 66, Range 29, having
Real Estate ID# 00208200-000000 has requested approval to exchange
properties under Resolution 179-2003; and
6. The County of Monroe, State of Florida, procured the property known as
Ramrod Shores Marina, Block 5, Lot 11, Section 31, Township 66, Range
29, having Real Estate 10# 00210811.005700 through a Warranty Deed
dated the 28th of September, 1999, from Ralph Ronald Hilpot that was
ROGO dedicated under building permit #97-1-0840; and
7. Mr. and Mrs. Vila are requesting ownership of the "BOCC" property in
exchange tor; and
8. Staffhas found the "Vila" property to be of higher value for conservation
and resource protection than the "BOCC" property as required by
Resolution 179-2003; and
9. Stafffinds that the b,'1lidelincs set torth in Resolution 179-2003 have been
addressed as follows:
Tw Vila Rcv2
IIon3
5!26,2005
a) The "Vila" property shall meet all the requirements tor a dedicated lot or
acre of unplatted land under Section 9.5-122.3(f), Monroe County Code.
The applicant's property is located within the Ramrod Shores Marina with a
lot size of 6,200 square feet or approximately one and a half (1.5) acres. The
lot is zoned IS which has an allocated density of I dwelling unit per lot. The
lot is buildable.
b) The "Vila" property must be eligible to receive Rate of Growth Ordinance
(ROGO) points for dedication purposes equal to or greater than the points
awarded to the dedicated propCliy.
The "Vila" property is a single lot zoned Improved Subdivision (IS) and
would receive 2 points if dedicated within. or under the current ROGO
evaluation criteria.
c) The exchanged property shall be located on the same island.
Both the "BOCC" lot and the "Villa" lot are located on Ramrod 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 designated for public acquisition tor conservation
and resource protection by Monroe County and is designated as Tier I.
e) The "H" value of the exchangt.>d property shall be equal to or &,1fater than
three (3) times the "H" values for the dedicated property tor any property
exchanges on Big Pine Key or No Name Key.
The properties are not on Big Pine Key or No Name Key.
f) The dedicated property shall only be used for principal residential and
residential accessory uses.
The applicant has stated in their letter dated January 18,2005, that the
dedicated lot will be uscd for principal residcntial purposes.
10. Thc tcrms and conditions of the exchange of Block 7, Lot 12 tor Block 5,
Lot 11 have bccn published in local ncwspapers at least once a week for two
weeks prior to adoption of this resolution, as required by F.S. 125.37; and
11. The Board of County Commissioners finds that the exchange of the
"BOCC" lot for the proposed "Vila" lot promotes conservation and resource
protection and smart growth in Monroe County.
Tv.: Vila Rev2
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5'26;2005
RECOMMENDATION
Based on the Findings of Fact and Conclusions of Law, the Staff recommends
APPROV AL to the Board of County Commissioners of the proposed Land Exchange
between Mr. Robeli and Mrs. Lourdes Vila and the Board of County Commissioners,
Monroe County, Florida.
Tw Vila Rev2
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5,26!2005
Property Information for 1275093
Page 1 of2
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ONLINE DATA CENTER
RECORDS SEARCH
PROPERTY INFORMATION FOR:
Alternate Key: 1275093
RE Number: 00210811-005700
[ . Print J L Search Again J
Property Details
OWNER OF RECORD
COUNTY OF MONROE
ero BOARD OF COUNTY COMMISSIONERS
500 WHITEHEAD STREET
KEY WEST FL 33040
PHYSICAL LOCATION
R.AM R OD K LY
LEGAL DESCRIPTION
BK 5 LT I I RAMROD SHORES :vlARlNA SEe RAMROD KEY PB6~22 OR447-937,940 OR765-1316 OR I 058-282(CRC) OR 1569.
58{CW) OR 160I~612(ND\
SECTION, TOWNSHIP. RANGE
29 - 66 - 29
MIUAGE GROt!P
1 001-1
[Estimate T8xesj
PC CODE
86
Building Details
NUMBER OF BtILOINGS
NUMllER OF COMMERCIAL BULnINGS
TOTAL LIVING AREA
YEAR BULT
Land Details
LANH USE com:
rvll OD
LAND AREA
7200 SF
Parcel Value History
o
(]
"
M.lSCELLANEOliS
IMPROVEMENTS
"
o
o
LAND
JeST
EXEMPTIONS (NOT
I.NCLUlING SENIORS)
14,400
14,400
7,200
TAXABLE
TAX ROLL YEAR
Bl'ILmNG
2004
2003
2002
14,400
1.4.400
noo
14,400
14,400
'7.200
o
o
o
I Parcel Sales History
Non: _ OCR RECORDS ARE TYPICALLY TWO TO THREE "1OYIHS HEfH'\D FROM I'll" ll\TE OF SALL IF A RH.:tl'T SALE DOES
:\or S110\\ t.p PLEASE t;J\F OCR OFFICE TIME TO PROCESS I r.
http://www .mcpa fl.org! datacenter! search/record. asp
5/26/2005
Property Information for 1275093
Page 2 of2
SALE DATE
PRICE
BOOK/PAGE
03/] 999
06/1988
07/] 978
1569/58
1058/282
765n:q 6
7500
7000
2300
INSTRUMENT
WD
WD
00
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