Item I2 �5 L2
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County of Monroe
�y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
County �a� Mayor Michelle Coldiron,District 2
�1 nff `ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w � Holly Merrill Raschein,District 5
County Commission Meeting
November 17, 2021
Agenda Item Number: I.2
Agenda Item Summary #9858
BULK ITEM: No DEPARTMENT: County Land Acquisition and Land
Management
TIME APPROXIMATE: STAFF CONTACT: Christine Hurley (305) 295-5180
9:25 AM
AGENDA ITEM WORDING: Approval of a resolution formalizing the creation of a Density
Reduction Program for acquiring parcels with at least 1 residential development right from willing
sellers.
ITEM BACKGROUND:
The attached resolution formalizes the Density Reduction Program, developed during 2016.
The purpose is to acquire vacant,privately owned, non-conservation parcels with at least 1
Transferrable Development Right(TDR). This program furthers the goals of the County by 1)
reduce ongoing development pressures and the resulting effect on hurricane evacuation clearance
times, 2)reduce the demands on public facilities and infrastructure, and 3)protect property owner
rights, thus ultimately avoiding unnecessary costs associated with defending property rights claims.
It is consistent with Comprehensive Plan Policies 102.4.3:
Policy 102.4.3
Monroe County shall maintain and implement a land acquisition program in recognition of the
critical need for the County to aggressively address the imbalance between development
expectations of private property owners and the finite carrying capacity of the natural and man-made
systems in the Florida Keys. Pursuant to Section 380.0552, F.S. and Rule 28-20.140, F.A.C., this
policy recognizes the public safety concern of maintaining a maximum hurricane evacuation
clearance time of 24 hours.
Eligibility Criteria include:
1. Willing Seller
2. Non-conservation parcels
3. Residential development rights (at least 1 Transfer of Development Right(TDR))
4. Ability to receive a building permit for construction of anew residential dwelling unit under the
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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.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
DOCUMENTATION:
Resolution creating Density Reduction Program
FINANCIAL IMPACT:
Effective Date: Ongoing
Expiration Date:
Total Dollar Value of Contract: N/A
Total Cost to County: Varies by purchase
Current Year Portion:
Budgeted: Yes, Fund 316
Source of Funds: 304, Sales Tax
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
NA
REVIEWED BY:
Christine Hurley Completed 10/13/2021 1:26 PM
Bob Shillinger Completed 10/14/2021 11:42 AM
Budget and Finance Completed 10/18/2021 12:08 PM
Purchasing Completed 10/18/2021 12:23 PM
Risk Management Completed 10/18/2021 12:26 PM
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Liz Yongue Completed 11/02/2021 10:00 AM
Board of County Commissioners Pending 11/17/2021 9:00 AM
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1.2.a
RESOLUTION NO. -2021
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO
FORMALIZE CREATION OF A DENSITY REDUCTION
PROGRAM FOR THE PURPOSE OF ACQUIRING PARCELS
WITH AT LEAST 1 RESIDENTIAL DEVELOPMENT RIGHT
FROM WILLING SELLERS.
WHEREAS, in 2016, the Board of County Commissioners (the "BOCC") initiated a
Density Reduction Program to purchase residential development rights from the owners of 2
private property in anticipation of the State's expected cessation of new residential development
once the current pool of Rate of Growth Ordinance (ROGO) allocations is exhausted; and
WHEREAS, the goals of the County's Density Reduction Program are to 1) reduce
ongoing development pressures and the resulting effect on hurricane evacuation clearance times,
2)reduce the demands on public facilities and infrastructure,and 3)protect property owner rights E
thus ultimately avoiding unnecessary costs associated with defending property rights claims; and 4-
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WHEREAS, the Density Reduction Program is consistent with Policies 102.4.3 of the
Monroe County Comprehensive Plan; and ;:7
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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 and the Monroe County Land Authority (hereinafter"MCLA"), c
entered into an interlocal agreement on July 21, 2021 regarding the acquisition of infill property
for density reduction, among other government purposes; and
WHEREAS, the BOCC finds it desirable to formalize the program with the adoption of
this resolution; and
WHEREAS, the BOCC finds that the acquisition of lots serves a public purpose by
protecting property rights, reducing density, and reducing the County's potential liability for
property rights claims.
a�
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
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Section 1: The recitals set forth are incorporated herein as findings of fact by the Board.
Section 2: The Density Reduction Program is hereby created and the MCLA, working with a
County staff, shall identify residential property owners willing to sell non-
conservation parcels (typically Tier 3) with residential development rights (at
least 1 Transfer of Development Right(TDR)to the County.
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1.2.a
Section 3: The property to be purchased must be eligible to receive a building permit or
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;
Section 4: Once acquired, the County shall retire the right to develop any dwelling unit
(housing/residence) from the lot/parcel.
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Section 5: All willing seller purchase offers shall come before the BOCC for final approval
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Section 6: Density Reduction (non-conservation) parcels may later be offered for sale with
a deed restriction to prohibit the development of the property with new
housing/residential or dwelling units. The revenue derived from the sale of these
deed restricted properties can help replenish the funds necessary to acquire r_
additional land and retire more residential development rights.
Section 7: The adoption of this resolution shall not invalidate any density reduction
purchases made prior to this date. The BOCC ratifies all prior actions taken under E
the Density Reduction Program. 0
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Section 8: This resolution shall take effect upon adoption.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 17th day of November, 2021.
Mayor Michelle Coldiron
Mayor pro tem David Rice
Commissioner Craig Cates 0
Commissioner Holly Raschein C-
Commissioner Eddie Martinez
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
Mayor Michelle Coldiron
(SEAL)
ATTEST: KEVIN MADOK, CLERK 2
As Deputy Clerk
Approved as to form and legal sufficiency:
Robert B. Shillinger, County Attorney
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