Item P5County of Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
IleOI1da Keys
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Mayor Pro Tem Sylvia J. Murphy, District 5
Danny L. Kolhage, District 1
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George Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
May 16, 2018
Agenda Item Number: P.5
Agenda Item Summary #4216
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger (305) 292 -3470
9:20 A.M.
AGENDA ITEM WORDING: Approval of a resolution establishing "Less Than Fee" program for
retiring development rights from willing Sellers.
ITEM BACKGROUND: The attached Resolution directs the Land Authority staff to work with the
County Attorney's office to begin a "Less Than Fee" acquisition program that will make purchase
offers for vacant parcels adjacent to an existing home. Rather than buy such properties outright (fee
simple acquisition), this program would only buy and retire the building right itself so that the
property owner retains ownership and is allowed use of the parcel for any allowed accessory use
found in the County land development regulations. Typically, this might be a yard, swimming pool,
garage, boat and /or trailer storage, and any other accessory uses allowed. Staff will identify an
appropriate pilot test area, and share the results with the Board of County Commissioners in order to
adjust, if necessary, any program particulars before making this a Keys -wide program. All willing
seller purchase offers will come before the Board for final approval.
PREVIOUS RELEVANT BOCC ACTION: In 2016, the Board budgeted funds for purchases
which are intended to reduce density and to reduce the County's potential exposure to property
rights' related lawsuits through voluntary purchases.
CONTRACT /AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
STAMPED Less Than Fee Resolution
FINANCIAL IMPACT:
Effective Date: Upon adoption
Expiration Date: n/a
Total Dollar Value of Contract: n/a
Total Cost to County: To be determined
Current Year Portion: To be determined
Budgeted: Yes
Source of Funds: Fund 304 or 316
CPI: n/a
Indirect Costs: staff costs incurred in administering the program and conducting closings.
Estimated Ongoing Costs Not Included in above dollar amounts: n/a
Revenue Producing: n/a
Grant: n/a
County Match:
Insurance Required:
Additional Details:
If yes, amount:
REVIEWED BY:
Bob Shillinger
Completed
05/01/2018 4:04 PM
Bob Shillinger
Completed
05/01/2018 4:04 PM
Budget and Finance
Completed
05/01/2018 4:39 PM
Maria Slavik
Completed
05/01/2018 4:42 PM
Kathy Peters
Completed
05/01/2018 9:03 PM
Board of County Commissioners
Pending
05/16/2018 9:00 AM
R500 11 1 IM,
W I LIRIMEMENEFT
WHEREAS, the BOCC wishes to purchase residential development rights from
willing sellers that own a vacant parcel adjacent to their homes zoned Improved Subdivision
(IS), Improved Subdivision - Masonry (IS-M), Urban Residential- Mobile Home (IRM); 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
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 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, the BOCC agrees to use dollars from the 304 Fund to cover costs
associated with this program; and
WHEREAS, the BOCC directs MCLA to work with the County Attorney's office to
begin this program on an initial trial basis, with periodic reports made to the BOCC prior to the
establishment of a Keys wide program;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLOIRDA:
Section 1. MCLA is specifically authorized to represent the BOCC in these matters.
Section 2. MCLA will identify, with the assistance of the County Attorney, test
properties that will be presented to the BOCC for final approval.
Section 3. The County Attorney and MCLA legal counsel will prepare and
approve all documents necessary to implement this program.
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BOCC 5/16/18 CAY Res Less Than Fee (kp)
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 16 `h day of May, 2018.
Mayor David Rice
Mayor Pro Tem Sylvia Murphy
Commissioner Danny Kolhage
Commissioner George Neugent
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WOL1"ON *A a Rej -A I I
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(SEAL)
ATTEST: KEVIN MADOIC, CLERK
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Deputy Clerk
Mayor David Rice
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Page 2 of 2
BOCC 5/16/18 CAY Res Less Than Fee (kp)