Resolution 063-2020 RESOLUTION NO. 063 -2020
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AMENDING RESOLUTION NO. 175-2018, PREVIOUSLY
AMENDED BY RESOLUTION NO. 938-2018, WHICH
CREATED THE 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 AND CLARIFIED
THE PRIORITY CRITERIA; TO FURTHER PRIORITIZE
PARCELS THAT DO NOT CONTAIN ACCESSORY
STRUCTURES OR USES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Monroe County, Florida
(hereinafter "BOCC") adopted Resolution No. 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 No. 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
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
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WHEREAS, MCLA and County recommended minor adjustments to the Less than Fee
program as set forth in Resolution No. 175-2018, to wit:
a) Prioritize any otherwise eligible lot on Big Pine Key and No Name Key, regardless
of tier designation;
b) 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) Prioritize transactions where the purchase price for the development rights is less than
$100,000; and
d) 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.
WHEREAS,the BOCC found the adjustments appropriate and adopted Resolution 438-
2018 on December 19, 2018, which amended Resolution 175-2018; and
WHEREAS, the BOCC has determined that applications could be further streamlined
by prioritizing vacant parcels that contain no accessory structures or uses; and
WHEREAS, County staff have recommended minor adjustments to the Less than Fee
program as set forth in Resolution No. 175-2018, as amended by Resolution No. 438-2018;
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(b) of Resolution No. 175-2018, as previously amended by
Resolution No. 438-2018, is hereby amended to read as follows:
To be eligible to participate in the program, subject parcels must be:
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 applicants whose adjacent vacant parcel contains no accessory
structures or uses. Priority shall be given to properties with an agreed
upon purchase price of less than$100,000.
Section 3. This resolution shall take effect upon adoption and the additional criteria
may be applied to applications already submitted for consideration.
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Section 5. Except as amended above, Resolution No. 175-2018, as amended by
Resolution No. 438-2018,shall remain in full force and effect. For purposes
of clarity, the new language amending Resolution No. 175-2018, as
previously amended by Resolution No. 438-2018, appears as underlined.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 19th day of February 2020.
Mayor Heather Carruthers Yes
Mayor Pro Tem Michelle Coldiron Yes
.,, .L. t Commissioner Craig Cates Yes
"C`-!- s' �.
�v� '`�� "� Commissioner David Rice
:rL Yes
1 6' }
ry✓� l:,�r. r�; Commissioner Sylvia Murphy Yes
itcyrx, \fk q.,!.,;A s r:
i \. '_ r i --"i, BOARD OF COUNTY COMMISSIONERS
�;'='` =y-= `* :%".1 OF MONROE COUNTY,FLORIDA
�N; � r"' 1d J
ATTEST: KEVIN MADOK, CLERK
BY:
By: M or a her Carruthers
Deputy Clerk
o co
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v Et Approved as to form and legal sufficiency
L N u
JC' ,8 sid4: . 02/01 020
. c Robert B. Shillinger, Jr.
t~- c== z Monroe County Attorney
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