Resolution 445-2021 RESOLUTION NO. 445 -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
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,
thus ultimately avoiding unnecessary costs associated with defending property rights claims;and
WHEREAS, the Density Reduction Program is consistent with Policies 102.4.3 of the
Monroe County Comprehensive Plan; and
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"),
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.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
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
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.
Section 3: The property to be purchased must be 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;
Section 4: Once acquired, the County shall retire the right to develop any dwelling unit
(housing/residence) from the lot/parcel.
Section 5: All willing seller purchase offers shall come before the BOCC for final approval.
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
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
the Density Reduction Program.
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 David Rice Yes
Mayor pro tern Craig Cates Yes
Commissioner Michelle Coldiron Yes
Commissioner Eddie Martinez Yes
Commissioner Holly Merrill Raschein Yes
cCPttrix, BOARD OF COUNTY COMMISSIONERS
'," C3 ZA� OF MONROE COUNTY,FLORIDA
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� �'� ✓ Mayor David RBY: .
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As Deputy lerk r j3 r `v Approved as to form and legal sufficiency:
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Digitally signed by Robert B.Shillinger
Robert B. S h i I l i n g e r:otte z;;a 1'5656-0 Vim°roeca ntyngov ctyus ou.County
Robert B. Shillinger, County Attorney