Resolution 175-2018 RESOLUTION NO. 175 - 2018
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO
CREATE A LESS THAN FEE ACQUSITION PROGRAM FOR
THE PURPOSE OF RETIRING RESIDENTIAL
DEVELOPMENT RIGHTS ON PROPERTY LOCATED IN
THE (IS), (IS -M), AND (URM) LAND USE DISTRICTS FROM
WILLING SELLERS.
WHEREAS, the Board of County Commissioners of Monroe County, Florida
(hereinafter `BOCC ") wishes to purchase residential development rights from willing sellers
that own a vacant parcel that is located immediately adjacent to their homes and which are
located in the Improved Subdivision (IS), Improved Subdivision - Masonry (IS -M), Urban
Residential- Mobile Home (URM) land use districts; and
WHEREAS, the goal is to reduce ongoing development pressures on hurricane
evacuation clearance times and demands on public facilities and infrastructure while protecting
property owner rights and avoiding unnecessary costs associated with defending property
rights claims; and
WHEREAS, this program is consistent with Policies 102.4.3 and 102.4.6 of the 2030
Monroe County Comprehensive Plan; and
WHEREAS, the BOCC finds that a less than fee acquisition program is an appropriate
alternative to more costly fee simple acquisitions; and
WHEREAS, the BOCC and the Monroe County Land Authority (hereinafter
"MCLA ") entered into an interlocal agreement on October 19, 2016 regarding the acquisition
of infill property for density reduction, among other government purposes; and
WHEREAS, F.S. 125.355 authorizes the BOCC to exempt any purchase of an interest
in realty valued at under $100,000 from the requirement of obtaining an appraisal; and
WHEREAS, the BOCC agrees to use dollars raised through the local option
infrastructure sales surtax as authorized in F.S. 212.055(2)(d), which the County has budgeted
in Fund 316 to cover costs associated with this program; and
WHEREAS, the BOCC requests the MCLA work with the County Attorney's Office
to begin this program upon approval, subject to periodic reports made to the BOCC to evaluate
the effectiveness of this program.
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NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLOIRDA:
Section 1. The BOCC authorizes the MCLA to represent the BOCC in these matters.
Section 2. MCLA will identify, with the assistance of the County Attorney,
properties that will be eligible for participation in this program under the
parameters set forth below.
Section 3. To be eligible to participate in the program, subject parcels must be:
a) Located within an Improved Subdivision (IS), Improved
Subdivision — Masonry (IS -M), or Urban Residential - Mobile
Home (URM) Land Use District;
b) Consist of a lot with at least one (1) buildable unit or Transfer of
Development Right (TDR). Priority shall be given to Tier III
properties.
c) Be held in common ownership with an immediately adjacent
parcel that contains a residential structure as its principal
structure;
d) Eligible to receive a building permit for construction of a new
residential dwelling unit under the current Monroe County
Comprehensive Plan and Land Development Code, and not
prohibited by deed restriction or other instrument or legal
impairment from receiving such a building permit;
e) Free of all code compliance liens and not the subject of a current
code compliance case or other enforcement proceeding by the
County or other regulatory agency; and
f) Owned by a seller who is willing to convey the building rights to
the County under the terms and conditions set forth herein.
Section 4. The MCLA and County Attorney are authorized to make offers to
purchase the right to build a separate residential unit on the subject
property at the most recent "Market Land Value" indicated on the Monroe
County Property Appraiser's website in exchange for the retirement of that
development right and execution of a title restriction, unity of title
instrument, and other documents prepared by the County Attorney and /or
MCLA legal counsel which are necessary to implement this program
subject to the limitation that no purchase shall be made for more than
$99,999.00 without an appraisal, in a form that acceptable to the County,
which is paid for by the property owner.
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A
Section 5. Each agreement is subject to final approval by the Board, which retains
the discretion to reject each transaction and /or otherwise modify this
program.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 20 day of June, 2018.
Mayor David Rice Yes
Mayor Pro Tem Sylvia Murphy Yes
Commissioner Heather Carruthers Yes
0 Commissioner Danny Kolhage Yes
0 N? , Commissioner George Neugent Yes
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BOARD OF COUNTY COMMISSIONERS
G — . ° OF MONROE COUNTY, FLORIDA
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A'I'D' - ' y
� 4VIN MADOK, CLERK -/, 0
�J BY:
By: �7 Mayor David Rice
Deputy Clerk
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