Resolution 128-2022RESOLUTION NO, 128 - 2022
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
COMBINING AND REPLACING RESOLUTION 175-2018,
RESOLUTION 438-2018, AND RESOLUTION 063-2020
WHICH CREATED AND AMENDED 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; TO CLARIFY
PROGRAM ADMINISTRATION AND TO INCLUDE
ADDITIONAL PRIORITIZATION GUIDANCE; 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 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, this 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 July 21, 2021, and amended the ILA on September 15,
2021 which includes the acquisition of infill property for density reduction, among other
government purposes; and
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
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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 MCLA and County staff have worked 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, the BOCC adopted Resolution 438-2018 which made adjustments to the
program to: prioritize any eligible lots on Big Pine Key and No Name Key regardless of Tier
designation; prioritize transactions where the purchase price for the development rights is less than
$100,000; clarify that the County does not waive its right to prosecute code violations on parcels
participating in the program; and allow the use of market land values on comparable vacant lots as
the basis for making a purchase offer from lots that have already been combined with another lot
for tax purposes; and
WHEREAS, the BOCC adopted Resolution 063-2020 to prioritize purchases where the
adjacent vacant parcel contains no accessory uses or structures therefore targeting parcels that may
be more likely to require the County to defend a property rights claim; and
WHEREAS, County staff have recommended additional minor adjustments to the Less
than Fee program to clarify that the Monroe County Land Authority has assumed administration
of the Less than Fee Program from the County Attorney, and to refine the prioritization of Less
than Fee applications;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLOIRDA:
Section 1. The recitals set forth above are incorporated herein as findings of fact by the
Section 2. This Resolution combines and replaces Resolution 175-2018, Resolution 438-
2018, and Resolution 063-2020. Although the adoption of this resolution rescinds
those prior resolutions, all actions taken pursuant to those resolutions are ratified
and remain valid.
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Section 3. The BOCC authorizes the MCLA to represent the BOCC in these matters.
Section 4. MCLA will identify properties that will be eligible for participation in this program
under the parameters set forth below.
Section 5. 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 as follows:
Priority One — Otherwise eligible vacant lots with no accessory structures or uses
on Big Pine Key and No Name Key, regardless of Tier designation,
in the order of lowest MLV to highest MLV with an agreed upon
purchase price of less than $100,000.
Priority Two — Otherwise eligible vacant lots with accessory structures or uses on
Big Pine Key and No Name Key, regardless of Tier designation, in
the order of lowest MLV to the highest MLV with an agreed upon
purchase price of less than $100,000.
Priority Three — Otherwise eligible vacant lots with no accessory structures or uses
outside of Big Pine Key and No Name Key that are designated Tier
III, in the order of lowest MLV to highest MLV, with an agreed
upon purchase price of less than $100,000.
All otherwise eligible vacant lots will be processed after those described in the
above priorities in the order of highest Tier designation to lowest Tier designation,
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with no accessory structures or uses and in the order of lowest MLV to highest
MLV, 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
f) Owned by a seller who is willing to convey the building rights to the County
under the terms and conditions set forth herein.
Section 6. The MCLA is 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 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 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
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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 7. This resolution shall take effect upon adoption and the additional criteria may be
applied to applications already submitted for consideration.
Section 8. Each agreement is subject to final approval by the Board, which retains the
discretion to reject each transaction and/or otherwise modify this program.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 20th day of April, 2022.
Mayor David Rice, District 4
Mayor Pro Tem Craig Cates, District 1
;Ile Coldiron, District 2
3
Merrill Raschein, District 5
Yes
Yes
Yes
Vacant
Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor
Approved as to form and legal sufficiency
Robert B. Shillinger, Monroe County Attorney
Robert B.
Digitally signed by Robert Shillinger
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