Item O03P/4
BOARD OF COUNTY COMMISSIONERS
C ounty of M onroe
Mayor Heather Carruthers, District 3
Mayor Pro Tem Michelle Coldiron, District 2
TheFloridaKeys
Craig Cates, District 1
David Rice, District 4
Sylvia J. Murphy, District 5
County Commission Meeting
February 19, 2020
Agenda Item Number: O.3
Agenda Item Summary #6531
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger (305) 292-3470
No
AGENDA ITEM WORDING: Approval of a resolution amending Resolution 175-2018, as
previously amended by Resolution 438-2018, regarding the Less than Fee Program for purchasing
development rights of vacant lots to add an additional prioritization of parcels that contain no
accessory use or structure.
ITEM BACKGROUND: In June 2018, the BOCC adopted Resolution 175-2018, which
establisheUnder the program, the County purchases the
in
real property law denoting ownership of less than all property rights for a particular parcel.
The program is designed to reduce the residential density in neighborhoods in certain residential land
use districts (IS, IS-M, and URM) by purchasing and retiring the development rights from vacant
lots that are adjacent to lots containing houses. This willing seller program is one of several
strategies adopted by the Board to address its potential future liability for property rights claims due
to the exhaustion of state issued rate of growth ordinance (ROGO) allocations that is scheduled to
occur in 2023 under current law. The program has the benefit of retiring development rights while
leaving the property in private ownership. The property owner retains the ability to build limited
accessory structures that support the principal structure, e.g. parking or a pool. The County is
relieved from the financial burden of maintaining such vacant lots, which it would have to bear were
the County to purchase such lots outright.
Nearly 300 property owners have submitted applications so far. In reviewing these applications,
staff has determined that in addition to the current prioritization criteria set forth in Resolution 175-
2018, as amended by Resolution 438-2018, an additional amendment merits consideration.
Staff presented an update on the program at the January 22, 2020 BOCC meeting. The Board, after
hearing further prioritization options, directed staff to further prioritize the applications as follows:
Prioritize parcels with no accessory uses or structures. Due to the level of interest in the
program, staff desires to prioritize purchases where the adjacent vacant parcel contains no accessory
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uses or structures. This change will enable the County to target parcels that may be more likely to
require the County to defend a property rights claim.
PREVIOUS RELEVANT BOCC ACTION: On 6/20/18, the BOCC adopted Resolution 175-
2018. On 12/18/2018, the BOCC adopted Resolution 438-2018 amending Resolution 175-2018.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
STAMPED Resolution amending resolution 175 2018, as amended by Resolution 438 2018 Less
than Fee Program
Resolution 438-2018
Resolution 175-2018
FINANCIAL IMPACT:
Effective Date: Upon adoption.
Expiration Date: n/a
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
Nothing additional to that which the BOCC has already approved
REVIEWED BY:
Bob Shillinger Completed 02/04/2020 3:24 AM
Bob Shillinger Completed 02/04/2020 3:25 AM
Budget and Finance Skipped 02/04/2020 3:25 AM
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Maria Slavik Skipped 02/04/2020 3:25 AM
Kathy Peters Completed 02/04/2020 2:08 PM
Board of County Commissioners Pending 02/19/2020 9:00 AM
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RESOLUTION NO. ______- 2020
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AMENDING SFTPMVUJPO!OP/!286.3129, PREVIOUSLY
AMENDED BY SFTPMVUJPO!OP/!549.3129, 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
adopted Sftpmvujpo!Op/!286.3129 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 Sftpmvujpo!Op/!286.3129, 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
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 Sftpmvujpo!Op/!286.3129, 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 Sftpmvujpo!549.
3129!on December 19, 2018, which amended Sftpmvujpo!286.3129; 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 Sftpmvujpo!Op/!286.3129, as amended by Sftpmvujpo!Op/!549.3129;
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 Sftpmvujpo!Op/!286.3129, as previously amended by
Sftpmvujpo!Op/!549.3129, 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 . 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, Sftpmvujpo!Op/!286.3129, as amended by
Sftpmvujpo!Op/!549.3129, shall remain in full force and effect. For purposes
of clarity, the new language amending Sftpmvujpo!Op/!286.3129, as
previously amended by Sftpmvujpo!Op/!549.3129, appears as underlined.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the ____ day of February 2020.
Mayor Heather Carruthers _______
Mayor Pro Tem Michelle Coldiron _______
Commissioner Craig Cates _______
Commissioner David Rice _______
Commissioner Sylvia Murphy _______
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
(SEAL)
ATTEST: KEVIN MADOK, CLERK
BY: _________________________________
By: ______________________________ Mayor Heather Carruthers
Deputy Clerk
Approved as to form and legal sufficiency
Robert B. Shillinger, Jr. 02/04/2020
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