Resolution 438-2018 RESOLUTION NO. 438 - 2018
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AMENDING RESOLUTION 175-2018, WHICH CREATED THE
LESS THAN FEE ACQUISITION 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;
TO CLARIFY THE PRIORITY CRITERIA WITH RESPECT
TO LOTS ON BIG PINE KEY AND NO NAME KEY; TO
PRIORITIZE THE PURCHASE OF DEVELOPMENT RIGHTS
OF LOTS WITH AN AGREED UPON PURCHASE PRICE OF
LESS THAN $100,000; TO AUTHORIZE A BASIS FOR
MAKING A PURCHASE OFFER FOR OTHERWISE
ELIGIBLE LOTS THAT HAVE BEEN COMBINED INTO ONE
PARCEL NUMBER FOR TAX PURPOSES; AND TO CLARIFY
THAT THE COUNTY DOES NOT WAIVE ITS RIGHT TO
PROSECUTE CODE VIOLATIONS IN EXISTENCE BUT
UNDISCOVERED AT THE TIME OF THE TRANSACTION;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Monroe County, Florida
(hereinafter `BOCC") adopted Resolution 175-2018 on June 20, 2018, which created the Less
Than Fee Program that is designed 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 of the Less Than Fee Program 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,the Less Than Fee Program is consistent with Policies 102.4.3 and 102.4.6
of the 2030 Monroe County Comprehensive Plan; and
WHEREAS, in adopting Resolution 175-2018, the BOCC found that a less than fee
acquisition program was an appropriate alternative to costlier 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
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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 agreed 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 MCLA and County staff have been working together to develop and
implement the Less Than Fee Program; and
WHEREAS, due to additional growth limits on Big Pine Key and No Name Key, which
are imposed as a result of the Incidental Take Permit, both islands are closer to build out than
the rest of the County; and
WHEREAS, County staff has determined that a significant number of otherwise eligible
parcels have been combined by the Property Appraiser, at the request of the owner, into a single
parcel for tax purposes, thus rendering it impossible to use the methodology for making an offer
as set forth in Resolution 175-2018; and
WHEREAS, County staff has received inquiries from property owners whose properties
have been valued by the Property Appraiser as having a market land value in excess of$100,000
but who are willing to accept less than $100,000 for the purchase of the development rights to •
expedite the process; and
WHEREAS,MCLA and County staff have recommended minor adjustments to the Less
Than Fee Program as set forth in Resolution 175-2018, to wit:
a) to prioritize any otherwise eligible lot on Big Pine Key and No Name Key, regardless
of tier designation;
b) to permit the use of the market land values on comparable vacant lots as the basis for
making a purchase offer to purchase and retire the development rights from lots that have been
combined with another lot for tax purposes only;
c) to prioritize transactions where the purchase price for the development rights is less
than $100,000; and
d) to clarify that despite the purchase of development rights, the County does not waive
its right to prosecute code violations on the subject parcels in existence but undiscovered at the
time of the transaction;
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NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,FLORIDA:
Section 1. The recitals set forth above are incorporated herein as findings of fact by
the Board.
Section 2. Section 3. of Resolution 175-2018 is hereby amended to read as follows:
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 and to otherwise eligible lots located on Big Pine Key
and No Name Key regardless of the lot's Tier designation. Priority
shall also be given to properties with an agreed upon purchase price
of less than $100,000;
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; however, the property owner
should be notified that the County does not waive its right to
prosecute existing but undiscovered code violations at the time of
the transaction; and
0 Owned by a seller who is willing to convey the building rights to
the County under the terms and conditions set forth herein.
Section 3. Section 4. of Resolution 175-2018 is hereby amended to read as follows:
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
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,
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 is acceptable to the County, which is paid for by the property
owner. In the event an otherwise eligible vacant parcel of property has been
combined for tax purposes only by the Property Appraiser into a single
parcel with another lot with a residential principal structure on it, MCLA
staff is authorized to use the market land value from a comparable vacant
lot in the vicinity as the basis for the offer to purchase the remaining,unused
development rights.
Section 4. This resolution shall take effect upon adoption and the additional criteria
may be applied to applications already submitted for consideration.
Section 5. Except as amended above, Resolution 175-2018 shall remain in full force
and effect. For purposes of clarity, the new language amending Resolution
175-2018 appears as underlined.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 19`h day of December, 2018. 03 ._�
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Mayor Sylvia Murphy Yes ��} co
Mayor Pro Tern Danny Kolhage Yes `J:=o -.. 2
Commissioner Heather Carruthers Yes -<
p .t„ Commissioner Michelle Coldiron Yes z
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z �%� Commissioner David Rice Yes
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BOARD OF COUNTY COMMISSIONERS
C %%f , %Pp`;, OF MONRO COUNTY, FLORIDA
ATTEST: KEVIN MADOK, CLERK i .,01:14104/...„
BY: ,
By: qa) Mayor Sylvia Murphy
Deputy Clerk
MONROE NTY ATTO EY
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