PLACEMENT: Public Hearings
TITLE:
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PUBLIC HEARING FOR BOARD DIRECTION ON A COUNTY OWNED VACANT PARCEL LOCATED AT 2769 SE FAIRMONT STREET IN GOLDEN GATE
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EXECUTIVE SUMMARY:
executive summary
This is a public hearing to request Board direction for a 0.27-acre vacant County owned parcel located at 2769 SE Fairmont Street in Golden Gate. Parcel is currently under an Option to Lease (Agreement) to the Martin County Police Athletic League (MCPAL), who is requesting the Agreement be terminated and the property donated to MCPAL pursuant to Section 274.05, Florida Statutes and Section 125.38, Florida Statutes.
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DEPARTMENT: Public Works
PREPARED BY: Name: Carla T. Segura, FRP
Title: Real Property Manager
REQUESTED BY: George Stokus, Assistant County Administrator
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
In June 2020, the Board approved an Option to Lease with the Martin County Police Athletic League, a Florida not-for-profit corporation (MCPAL) to lease and build a public facility for the purpose of providing youth athletics programs, youth mentoring, youth after school and summer programs, parenting programs, and in furtherance of its commitment to providing kids with a safe environment in which they can develop new friendships and become productive members of society.
In 2020, MCPAL acquired the 0.067-acre parcel north and adjacent to the County owned parcel in an attempt to provide for enough land to complete their proposed facility footprint.
As required by the Option to Lease, MCPAL has submitted their site and building plans to Martin County Growth Management, however it was been determined the parcel is not large enough on its own and would require a unity of title with its adjacent property, in order to house the facility. In order to create a Unity of Title, both parcels must be owned by the same entity.
It is recommended that the Board surplus and donate the Fairmont parcel to MCPAL with a reversion clause in the deed that indicates the property will only be used by MCPAL for its planned athletic programing facility or said property will automatically revert to the County. All costs associated with this transfer will be paid by MCPAL.
As part of the Camino Trail project, the sidewalk located on the parcel will be moved within the right-of-way and the dirt berm, currently on the property, will be remedied.
Pursuant to Section 274.05, Florida Statutes, the Board has the discretion to classify as surplus any of its property, that is obsolete and in the best interest of the County. The Board may surplus property for sale or donation or may offer the property to private nonprofit agencies pursuant to Section 125.38, Florida Statutes. Pursuant to Florida Statues 125.38, the Board is authorized to convey County owned property to the state or any political subdivision or agency thereof, or any municipality of this state, or corporation or other organization not for profit which may be organized for the purposes of promoting community interest and welfare.
ISSUES:
If the property is conveyed to MCPAL, MCPAL would have to submit applications to request changes to the future land use designation and the zoning district. The development standards associated with the existing General Institutional land use and PS-1 zoning District, which are intended for public facilities, are more restrictive than the surrounding CRA Districts. A change in the land use to CRA Center and the Regulating District to General, the development standards would offer more flexibility for the proposed athletic center. As proposed, the development area would total .34 acres or 14,810 sq. ft. The proposed athletic facility is 8,360 sq. ft. The current proposed site plan provides no onsite parking and possibly inadequate stormwater retention area. Further evaluation will be needed to determine if the site can meet parking and development standards.
LEGAL SUFFICIENCY REVIEW:
This item has been reviewed for legal sufficiency to determine whether it is consistent with applicable law, has identified and addressed legal risks, and has developed strategies for legal defensibility.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board:
a. Accept and approve the Termination of the Option to Lease, dated June 2, 2020, and all associated amendments, by and between Martin County and the Martin County Police Athletic League; and
b. Adopt a Resolution accepting and approving the surplus of a County Owned parcel located at 2769 SE Fairmont Street, to be placed on the County’s Website, and donated to Martin County Police Athletic League, a Florida not-for-profit with a County Deed with reverter clause; and
c. Authorize the Chair to execute all items necessary to complete the transactions.
ALTERNATIVE RECOMMENDATIONS
Provide staff with alternative suggestions.
FISCAL IMPACT:
RECOMMENDATION
None
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☒Resolution
☐Other:
This document may be reproduced upon request in an alternative format by contacting the County ADA Coordinator (772) 320-3131, the County Administration Office (772) 288-5400, Florida Relay 711, or by completing our accessibility feedback form at www.martin.fl.us/accessibility-feedback <http://www.martin.fl.us/accessibility-feedback>.