Resolution 148-2024 RESOLUTION NO. 148 -2024
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
GRANTING APPROVAL OF A PURCHASE AGREEMENT FOR
A LESS THAN FEE INTEREST INCLUDING A ROGO
EXEMPTION AND AN ASSOCIATED TRANSFERABLE
DEVELOPMENT RIGHT FOR A RESIDENTIAL PARCEL
LOCATED ON BIG PINE KEY, AND APPROVING THE
MOVEMENT OF THE MARKET RATE ROGO EXEMPTION
FROM THE PROPERTY TO THE ADMINISTRATIVE RELIEF
POOL FOR MARKET RATE ALLOCATIONS.
WHEREAS,On September 21,2022,the Board of County Commissioners approved the Third
Amended and Restated Interlocal Agreement between the Monroe County Land Authority
(MCLA) and the County authorizing the MCLA to administer the County's Density Reduction
Acquisition Program; and
WHEREAS, The County's Density Reduction Acquisition Program is intended to protect
property rights,to reduce density, and to reduce the County's potential liability to takings lawsuits;
and
WHEREAS, the Monroe County Planning Department determined there are two (2) market
rate ROGO exemptions with two (2) associated transferable development rights for the subject
residential parcel on Big Pine Key; and
WHEREAS, the MCLA negotiated a purchase agreement to acquire less than fee interest
including one (1) market rate ROGO exemption and one (1) associated transferable development
right for the subject parcel; and
WHEREAS, said one (1) market rate ROGO Exemption is not needed for the redevelopment
of the site; and
WHEREAS, the Board of County Commissioners is moving one (1) market rate ROGO
Exemption to the Administrative Relief pool for market rate allocations; and,
WHEREAS,the purchase agreement for the less than fee interest in the subjectparcel includes
a requirement for a Covenant of Unity of Title and Restriction on Future Development and/or
Conveyances (perpetual deed restriction)that will limit the total density of the parcel in its current
configuration to one residential dwelling unit, retire all other density and prohibit the transfer of
density off site, and prohibit new accessory structures providing habitable space.
NOW, THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. Recitals and Legislative Intent: The foregoing recitals and statements of
legislative intent are true and correct and are hereby incorporated as if fully stated
herein.
Section 2. This resolution shall become effective upon its adoption by the Monroe County
Board of County Commissioners.
Section 3. This resolution authorizes the Mayor to execute the Purchase Agreement attached
hereto as Exhibit A.
Section 4. The resolution authorizes the Monroe County Planning Department to move one
(1)market rate ROGO Exemptions to the Administrative Relief pool for market
rate allocation. ROGO Exemption attached hereto as Exhibit B.
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 April 2024.
Mayor Holly Merrill Raschein, District 5 Yes
Mayor Pro Tem James K. Scholl, District 3 Yes
Commissioner Craig Cates, District 1 Yes
Commissioner Michelle Lincoln, District 2 Yes
Commissioner David Rice, District 4 Yes
'Attest: kE°ySIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS
� OF MONROE COUNTY, FLORIDA
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bepu Clerk Holly Merrill Raschein, Mayor
MONROE COUNTY ATTORNEYS OFFICE
Approved for form and legal sufficiency "'°``
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Digitally signed by Robert B.Shillinger
DN:cn=Robert B.Shillinger,o=Monroe County BOCC, r-- �"'
Robert B. Shillinger
ou=Monroe County Attorney,email=Shillinger w.
bob@monroecounty fl.gov,c=US _
By: Date:2024.04.1614:33:52-04.00' „�,,,,�: ti+/
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Robert Shillin er Count Attorne ' "
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