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Item B2 I qOr, BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Sylvia Murphy,District 5 The Florida Keys Mayor Pro Tern Danny Kolhage,District 1 Michelle Coldiron,District 2 Heather Carruthers,District 3 David Rice,District 5 County Commission Meeting January 30, 2019 Agenda Item Number: B.2 Agenda Item Summary #5158 BULK ITEM: No DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2506 No AGENDA ITEM WORDING: Discussion and direction regarding the initiative by the State of Florida Administrative Commission to be administered through the Department of Economic Opportunity (DEO) for the Keys Workforce Housing Initiative to allow up to 1300 additional affordable housing allocations (up to 300 for unincorporated Monroe County) in Rate of Growth Ordinance Allocations (ROGO) for rental workforce housing, with a condition that developments that receive these ROGO allocations have a rental management agreement in place that requires rental occupants to evacuate in the early phase (48 hours in advance of tropical storm winds reaching the shore of the Florida Keys) of a hurricane evacuation. Currently transient units (hotels) and mobile home occupants are required to evacuate in the early phase of evacuation. ITEM BACKGROUND: On May 2, 2018, Governor Rick Scott issued a press release outlining an initiative to the Florida Department of Economic Opportunity ("DEO") for a Keys Workforce Housing Initiative. The proposed initiative would allow 1,300 additional Rate of Growth Ordinance (ROGO) allocations throughout the Florida Keys (ROGOs or Building Permit Allocation Systems) for rental workforce housing, with a condition that the rental occupants evacuate in the early phase (48-hour window) of a hurricane evacuation. Any development receiving the units would be required to sign a rental management agreement indicating they would be required to assure the evacuation of all occupants of the development. Under the initiative, each jurisdiction would be eligible to receive up to 300 of these units. The BOCC only has permitting authority and jurisdiction over the unincorporated areas of the County so its decision is limited to up to 300 allocations for those areas. On June 13, 2018 at the State Cabinet meeting, the Florida Administration Commission approved the Workforce Housing Initiative. Florida Keys' local governments that choose to participate in the initiative will work with DEO to amend their respective comprehensive plans to allow for additional building permits for rental workforce housing with the condition of early evacuation. DEO has provided County staff with preliminary draft language based on the minimum requirements established in the initiative to use as a starting point. The County should consider the language provided and make modifications as necessary to ensure the Workforce Housing Initiative is locally driven. The City of Marathon, the City of Key West and Islamorada, Village of Islands have all transmitted comprehensive plan amendments, consistent with accepting 300 units, to DEO and are currently under review. The City of Marathon's proposed amendment has been challenged. That case is scheduled to be heard on April 30 through May 3`d, 2019, in Marathon. The Florida Keys Area Protection Act requires that amendments to each local government's comprehensive plan to include "goals, objectives, and policies to protect public safety and welfare in the event of a natural disaster by maintaining a hurricane evacuation clearance time for permanent residents of no more than 24 hours." F.S. 380.0552(9)(a)2. In order to achieve this hurricane evacuation clearance time, the State Administration Commission modified the County's comprehensive plan,via administrative rule, to set an annual cap on ROGO allocations at 197 (71 of which must be used for affordable housing). F.A.C. 28-20.140(2)(b). Individual cities also received allocations. Consistent with the discussion item presented to the BOCC on September 19, 2018, staff drafted options to accept the 300 units. Options 2 and 3 include moving 300 existing market-rate allocations into the administrative relief pool to settle potential takings cases. If the BOCC directs staff to work on this, several other polices and code provisions may need amendment. Staff has drafted three (3)options for consideration by the BOCC: 1. Do not accept the 300 early evacuation affordable ROGOs and extend ROGO allocations through 2026; 2. Accept the 300 early evacuation affordable ROGOs and extend ROGO allocations until 2026; and 3. Accept the 300 early evacuation affordable ROGOs and do not extend ROGO beyond 2023. The tables below show the annual allocation, as well as, the breakdown for each subarea. For the purposes of discussion, staff has is presenting the options for both the Comprehensive Plan and LDC together. Current Tables for CP Policy 101.3.2 and Land Development Code Section 138-24: The County shall distribute ROGO allocations by ROGO year, as provided in the table below. Current Table for CP Policy 101.3.2: Annual Allocation ROGO Year Market rate Affordable 568 total AFH (total available immediately) July 13, 2018- July 12, 2019 126 July 13, 2019- July 12, 2020 126 July 13, 2020- July 12, 2021 126 July 13, 2021- July 12, 2022 126 July 13, 2022- July 12, 2023 126 Total 1,260 710* *Includes two annual affordable ROGO allocation for the Big Pine Key / No Name Key subarea. Sec. 138-24. Residential ROGO Allocations. (a)Number of available annual residential ROGO allocations. The number of market rate residential ROGO allocations available in each subarea of the unincorporated county and the total number of affordable residential ROGO allocations available countywide shall be as follows: Subarea Number of Dwelling Units Upper Keys 61 Lower Keys 57 Big Pine and No Name Keys 8 Total market rate 126 Affordable Dwelling Units Very Low, Low, and Median Incomes 360* Moderate Incomes 350* *Includes one annually for Big Pine Key and No Name Key ROGO Year Annual Allocation Market Rate Affordable Housing July 13, 2013- July 126 71 12, 2014 U: 61, L:57, BPK/NNK: 8 July 13, 2014- July 126 71 12, 2015 U: 61, L:57, BPK/NNK: 8 July 13, 2015- July 126 71 12, 2016 U: 61, L:57, BPK/NNK: 8 July 13, 2016- July 126 12, 2017 U: 61, L:57, BPK/NNK: 8 July 13, 2017- July 126 497 total AFH 12, 2018 U: 61, L:57, BPK/NNK: 8 (total available immediately) July 13, 2018- July 126 12, 2019 U: 61, L:57, BPK/NNK: 8 • July 13, 2019- July 126 12,2020 U: 61, L:57, BPK/NNK: 8 July 13, 2020- July 126 12,2021 U: 61, L:57, BPK/NNK: 8 July 13, 2021- July 126 12, 2022 U: 61, L:57, BPK/NNK: 8 July 13, 2022- July 126 12, 2023 U: 61, L:57, BPK/NNK: 8 Total 1,260 710* *Includes two annual affordable ROGO allocation for the Big Pine Key / No Name Key subarea Option 1: Do not accept the 300 early evacuation affordable ROGOs and extend ROGO allocations through 2026. CP Policy 101.3.2 Annual Allocation ROGO Year Market rate Affordable July 13, 2018-July 12, 2019 126 July 13,2019-July 12, 2020 126 568 total AFH(total available July 13,2020-July 12, 2021 4 64 immediately) July 13, 2021-July 12, 2022 64 July 13, 2022-July 12, 2023 64 July 13, 2023-July 12, 2024 62 July 13, 2024- July 12, 2025 62 July 13, 2025-July 12, 2026 62 Total 1,260 710* *Includes two annual affordable ROGO allocation for the Big Pine Key / No Name Key subarea through the Incidental Take Permit (1TP) ending in 2023. Sec. 138-24. Residential ROGO Allocations. (a)Number of available annual residential ROGO allocations. The number of market rate residential ROGO allocations available in each subarea of the unincorporated county and the total number of affordable residential ROGO allocations available countywide shall be as follows: Number of Dwelling_Units Subarea ROGO Years: ROGO Years: July 13, 2020-July 12, 2021 July 13, 2023-July 12, 2024 July 13, 2021-July 12, 2022 July 13, 2024-July 12, 2025 July 13, 2022-July 12, 2023 July 13, 2025-July 12, 2026 Upper Keys 6-1-31 30 Lower Keys 5-7 29 28 Big Pine and No Name Keys S 4 4 Total market rate 4-26 64 62 Affordable Dwelling Units Very Low, Low, and Median 360* Incomes Moderate Incomes 350* *Includes one annually for Big Pine Key and No Name Key ROGO Year Annual Allocation Market Rate Affordable Housing July 13, 2019- July 126 12,2020 U: 61, L:57, BPK/NNK: 8 497 total AFH July 13, 2020- July 4-6 64 (total available 12,2021 U:64-31, L:$7 29, BPK/NNK:8 4 immediately) July 13, 2021- July 426 64 12,2022 U:64-31, L:3-7 29, BPK/NNK:8 4 July 13, 2022- July 426 64 12,2023 U:64-31, L: 29, BPK/NNK:8 4 July 13, 2023- July 62 12, 2024 U: 30, L:28, BPK/NNK: 4 Jule 13. 2024- July 62 12, 2025 U: 30, L:28, BPK/NNK: 4 July 13, 2025- July 62 12, 2026 U: 30, L:28, BPK/NNK: 4 Total 1,260 710* *Includes two annual affordable ROGO allocation for the Big Pine Key / No Name Key subarea through the Incidental Take Permit (1TP)ending in 2023. *** Option 2: Accept the 300 early evacuation affordable ROGOs and extend ROGO allocations until 2026. CP Policy 101.3.2 Annual Allocation ROGO Year Affordable Phase One Affordable Market Rate Housing Housing July 13, 2013- July 126 71 0 12, 2014 July 13, 2014- July 126 71 0 12, 2015 _ July 13, 2015- July 126 0 12, 2016 _ July 13, 2016- July 126 12,2017 -- July 13, 2017- July ,, 12,2018 1_6 () July 13, 2018- July 12, 2019 26 July 13, 2019- July 126 12, 2020 568 total AFH July 13, 2020- July 116 14_ (total available 12, 2021 immediately) July 13, 2021- July 126 14 12,2022 July 13, 2022- July 426 13 300** 12,2023 July 13, 2023- July 13 12, 2024 July 13, 2024- July 13 12, 2025 July 13, 2025- July 11 12, 2026 Total 47260 960 710* 300** *Includes two annual affordable ROGO allocation for the Big Pine Key / No Name Key • subarea through the Incidental Take Permit(ITP) ending in 2023. ** POA allocations subject to restrictions specified in Comprehensive Plan Goal 109 and LDC Section 138-24. POA allocations shall be reserved and utilized for any development with two (2) or more affordable units and shall require a Development Agreement pursuant to Chapter 110, Article V Development Agreement Authorization. Sec. 138-24. Residential ROGO Allocations. (a)Number of available annual residential ROGO allocations. The number of market rate residential ROGO allocations available in each subarea of the unincorporated county and the total number of affordable residential ROGO allocations available countywide shall be as follows: Number of Dwelling Units Subarea ROGO Years: ROGO Years: July 13, 2020-July ROGO Years. July 13, 2025-July 12, 2021 July 13, 2022-July 12, 2023 12, 2026 July 13, 2023-July 12, 2024 July 13, 2021-July July 13, 2024- July 12, 2025 12, 2022 Upper Keys 64-7 6 6 Lower Keys 3-7 6 6 5 Big Pine and No 0$ 1 Name Keys — Total market rate 4-26 14 13 1 1 Affordable Dwelling Units Very Low, Low, and Median 360* Incomes Moderate 350* Incomes *Includes one annually for Big Pine Key and No Name Key through the Incidental Take Permit (ITP)ending in 2023. Phase One 300** Affordable Dwelling Units **Limited to restrictions established in Comprehensive Plan Goal 109 and LDC Section 138- 24. Annual Allocation ROGO Year Affordable Phase One Market Rate Housing Affordable Housing 0 O () O O July 13, 2018- July 126 12, 2019 U: 61, L:57, BPK/NNK: 8 () July 13, 2019- July 126 12,2020 U: 61, L:57, BPK/NNK: 8 (1 July 13, 2020- July 4 14 12,2021 U:64-7, L:6-7 6, BPK/NNK:8 1 497 total AFH July 13, 2021- July 4-26 14 (total available 12, 2022 U:64-7, L:3-7 6, immediately) BPK/NNK:8 1 July 13, 2022- July 4-2613 12, 2023 U:64-6, L:3-7 6, BPK/NNK:8 1 July 13, 2023- July 13 12, 2024 U: 6, L:6, BPK/NNK: 1 300 total POA July 13, 2024- July 13 AFH (total 12, 2025 U: 6, L:6, BPK/NNK: 1 available July 13, 2025- July 11 immediately) 12, 2026 U: 6,L:5,BPK/NNK: 0 Total 47260 960 710* 300** *Includes two annual affordable ROGO allocation for the Big Pine Key / No Name Key subarea through the Incidental Take Permit (lTP) ending in 2023. ** POA allocations subject to restrictions specified in Comprehensive Plan Goal 109 and herein. POA allocations shall be reserved and utilized for any development with two (2) or more affordable units and shall require a Development Agreement pursuant to Chapter 110, Article V Development Agreement Authorization. The POA workforce-affordable housing units built under this program shall: 1. be multifamily structures consisting of attached dwellingunits; 2. be rental units:, 3. require a Development Agreement pursuant to Chapter 110, Article V Development Agreement Authorization; not be placed in the V-Zone or within the Coastal Barrier Resource Systems; 6. require on-site property management; t 8. incorporate sustainable and resilient design principles into the overall site design; 9. ensure accessibility to employment centers and amenities; 10. require deed-restrictions ensuring: a. the property remains workforce-affordable housing in perpetuity; b. tenants evacuate during the period in which transient units are required to evacuate. l` rental agreements contain a separate disclosure requiring renters to acknowledge that failure to adhere to the evacuation requirement could result in severe penalties, including eviction,to the resident; and d. onsite property managers are formally trained in evacuation procedures. *** Option 3: Accept the 300 early evacuation affordable ROGOs and do not extend ROGO beyond 2023. CP Policy 101.3.2 Annual Allocation ROGO Year Affordable Phase One Affordable Market Rate Housing Housing 0 0 II July 13, 2018- July 126 568 total AFH 12, 2019 July 13, 2019- July (total available 12,2020 126 immediately) July 13, 2020- July 126 27 12, 2021 July 13, 2021- July 126 27 300** 12,2022 July 13, 2022- July 126 24 12,2023 Total 47260 960 710* 300** *Includes two annual affordable ROGO allocation for the Big Pine Key / No Name Key subarea ** POA allocations subject to restrictions specified in Comprehensive Plan Goal 109 and LDC Section 138-24. POA allocations shall be reserved and utilized for any development with two I (2) or more affordable units and shall require a Development Agreement pursuant to Chapter 110, Article V Development Agreement Authorization. Sec. 138-24. Residential ROGO Allocations. (a)Number of available annual residential ROGO allocations. The number of market rate residential ROGO allocations available in each subarea of the unincorporated county and the total number of affordable residential ROGO allocations available countywide shall be as follows: Number of Dwelling Units ROGO Years: ROGO Years: July 13,2020-July 12, 2021_ July 13, 2022-July 12, 2023 July 13, 2021- July 12, 2022 Subarea Upper Keys 64- 13 12 Lower Keys 12 I I Big Pine and No Name $2 I Keys — Total market rate -1- 6 27 24 Affordable Dwelling Units Very Low, Low, and 360* Median Incomes Moderate Incomes 350* *Includes one annually for Big Pine Key and No Name Key, Phase One Affordable Dwelling Units 300** **Limited to restrictions established in Comprehensive Plan Goal 109 and LDC Section 138- 2-1. Annual Allocation ROGO Year Affordable Phase One Market Rate Housing Affordable Housing_ 0 0 0 497 total AFH 0 (total available — immediately) 0 July 13, 2018- July 126 0 12,2019 U: 61, L:57, BPK/NNK: 8 — July 13, 2019- July 126 0 12,2020 U: 61, L:57, BPK/NNK: 8 July 13, 2020- July 4-26 27 12,2021 U:64- 13, L:3-7 12, BPK/NNK:8 2 300 total POA July 13, 2021- July 426 27 AFH (total 12, 2022 U:64- 13, L:3-7 12, available BPK/NNK: 8 2 immediately) July 13, 2022- July 426 24 12, 2023 U:64- l 2, L: 11, BPK/NNK:8 1 Total 472644 960 710* 300** *Includes two annual affordable ROGO allocation for the Big Pine Key / No Name Key subarea through the Incidental Take Permit (ITP) ending in 2023. ** POA allocations subject to restrictions specified in Comprehensive Plan Goal 109 and herein. POA allocations shall be reserved and utilized for any development with two (2) or more affordable units and shall require a Development Agreement pursuant to Chapter 110, Article V Development Agreement Authorization. The POA workforce-affordable housing units built under this program shall: 11. be multifamily structures consisting of attached dwelling units; 12. be rental units; 13. require a Development Agreement pursuant to Chapter 1 10, Article V Development Agreement Authorization; 15. not be placed in the V-Zone or within the Coastal Barrier Resource Systems; 16. require on-site property management; housing-nits; 18. incorporate sustainable and resilient design principles into the overall site design; 19. ensure accessibility to employment centers and amenities; 20. require deed-restrictions ensuring: g: the property remains workforce-affordable housing in perpetuity; • tenants evacuate during the period in which transient units are required to evacuate; • rental agreements contain a separate disclosure requiring renters to acknowledge that failure to adhere to the evacuation requirement could result in severe penalties, including eviction,to the resident; and • onsite property managers are formally trained in evacuation procedures. *** Additionally, Staff has drafted preliminary proposed language for a text amendment to the Comprehensive Plan and Land Development Regulations that would be required if the County chooses to accept the 300 units in the attached document. Blue underline shows language that is currently in process as a text amendment to the Comprehensive Plan and Land Development Code, some of which is has been considered by the BOCC. Purple underline text shows indicates additions to existing text in the CP and LDC based on DEO recommended language. Purple wavy underline indicates modifications to DEO recommended language. PREVIOUS RELEVANT BOCC ACTION: Mayor Rice called a special meeting for May 10, 2018 at 11 a.m. in Marathon to provide the Commission and the public an opportunity to discuss the proposal prior to the Cabinet meeting. At the May 10, 2018 Special BOCC Meeting, the BOCC directed County staff to discuss concerns identified with DEO and provide an update to the BOCC at the next meeting. On May 16, 2018, the BOCC directed County staff to present the Board's questions and concerns regarding the Workforce Initiative at the meeting with the State Cabinet on June 13, 2018. On August 15, 2018, the BOCC directed County staff to prepare a discussion and direction item regarding the Keys Workforce Housing Initiative for the September 19, 2018 regular BOCC meeting. On September 19, 2018, the BOCC directed County staff to draft proposed policy alternatives to the state's initiative that address several concerns raised related to the enforceability of the evacuation provisions. Additionally, the BOCC asked the County Attorney to research whether the state's Florida Keys Workforce Housing Initiative, which, if implemented, would create a precedent that would require the state to award as many as 10,000 additional units in the future. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Staff recommends Option 2 presented in this agenda item: extend the Rate of Growth Ordinance (ROGO)Allocation Distribution Schedule through 2026, and continue to pursue accepting 300 Workforce Housing ROGOs offered by the State; staff also recommends that the BOCC direct staff to not process the required Comprehensive Plan amendments until any challenges to local municipalities' Comprehensive Plan amendments are completed, so that the County can further study the issues raised. DOCUMENTATION: 300_units_Policies_strikethrough_01.1 5.1 9 WHITE PAPER build out land_acquisition_strategies_7_11_13 land acquisition request WHITE PAPER 10-17-13 acquisition table_v2 Military Buffer Acquisition_FINAL 10-22-13 FINANCIAL IMPACT: Effective Date: Expiration Date: 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: REVIEWED BY: Emily Schemper Completed 01/16/2019 3:03 PM Assistant County Administrator Christine Hurley Completed 01/16/2019 5:07 PM Bob Shillinger Completed 01/16/2019 6:35 PM Maureen Proffitt Skipped 01/16/2019 4:18 PM Steve Williams Skipped 01/16/2019 4:19 PM Budget and Finance Completed 01/17/2019 8:35 AM Maria Slavik Completed 01/17/2019 9:15 AM Kathy Peters Completed 01/17/2019 9:41 AM Board of County Commissioners Pending 01/30/2019 10:00 AM 300 Early Evacuation Workforce/Affordable ROGO Units Blue underline shows language that is currently in process as a text amendment to the Comprehensive Plan and Land Development Code, some of which is has been considered by the BOCC. Purple underline text shows indicates additions to existing text in the CP and LDC based on DEO recommended language. Purple wavy underline indicates_modifications to DEO recommended language.. *** Objective 101.2 As mandated by the State of Florida, pursuant to Section 380.0552, F.S. and Rule 28-20.140, F.A.C., and to maintain the public health, safety, and welfare, Monroe County shall maintain a maximum hurricane evacuation clearance time of 24 hours and will coordinate with the State Land Planning Agency relative to the 2012 Memorandum of Understanding that has been adopted between the County and all the municipalities and the State agencies. Policy 101.2.1 Monroe County shall maintain a memorandum of understanding with the State Land Planning Agency, Division of Emergency Management, Marathon, Islamorada, Key West, Key Colony Beach, and Layton to stipulate, based on professionally acceptable data and analysis, the input variables and assumptions, including regional considerations, for utilizing the Florida Division of Emergency Management's (DEM) Transportation Interface for Modeling Evacuations ("TIME") Model to accurately depict evacuation clearance times for the population of the Florida Keys. Policy 101.2.2 Monroe County shall coordinate with all the municipalities, the State Land Planning Agency and Division of Emergency Management to update the variables and assumptions for the evacuation clearance time modeling and analyses of the build-out capacity of the Florida Keys Area of Critical State Concern based upon the release of the decennial Census data.Pursuant to the 2012 completed hurricane evacuation clearance time modeling by the State Land Planning Agency, which incorporates the 2010 Census data, the County may allocate 10 years' worth of growth (197 x 10 = 1,970 allocations, 197 annual ROGO rate based on Rule 28-20.140, F.A.C.) through the year 2023,while maintaining an evacuation clearance time of 24 hours.The County will adopt a slower rate of annual allocations for market rate development to extend the allocation timeframe to 2033 without exceeding the total of 1,970 allocations(see Policy 101.3.2). The County shall reevaluate the annual ROGO allocation rate based on: 1)statutory changes for hurricane evacuation clearance time requirement standards; 2) new hurricane evacuation modeling by the State Land Planning Agency and Division of Emergency Management; and 3) a new or revised memorandum of understanding with the State Land Planning Agency, Division of Emergency Management, Marathon, Islamorada, Key West, Key Colony Beach and Layton (see Policy 101.2.1). Notwithstanding the foregoing and Policy 101.3.2, Monroe County shall establish a new limited category(Phase One Affordable"POA")for 300 workforce-affordable building permit allocations to participate in the Workforce-Affordable Housing Initiative pursuant to Goal 109. These POA 300 Units StfilfethettWunderline Page 1 of 21 Discussion and Direction: BOCC 01.30.19 300 Early Evacuation Workforce/Affordable ROGO Units allocations are in addition to the maximum allocations identified in Rules 28-18, Florida Administrative Code. *** Objective 101.3 Monroe County shall regulate new residential development based upon the finite carrying capacity of the natural and man-made systems and the growth capacity while maintaining a maximum hurricane evacuation clearance time of 24 hours. Policy 101.3.1 Monroe County shall maintain a Permit Allocation System for new residential development known as the Residential Rate of Growth Ordinance(ROGO) System.The Permit Allocation System shall limit the number of permits issued for new residential dwelling units The ROGO allocation system shall apply within the unincorporated area of the county, excluding areas within the county mainland and within the Ocean Reef planned development(Future development in the Ocean Reef planned development is based upon the December 2010 Ocean Reef Club Vested Development Rights Letter recognized and issued by the Department of Community Affairs). New residential dwelling units included in the ROGO allocation system include the following: affordable housing units;market rate dwelling units;mobile homes;and institutional residential units(except hospital rooms). Vessels are expressly excluded from the allocation system, as the vessels do not occupy a distinct location,and therefore cannot be accounted for in the County's hurricane evacuation model.Under no circumstances shall a vessel, including live-aboard vessels, or associated wet slips be transferred upland or converted to a dwelling unit of any other type.Vessels or associated wet slips are not considered ROGO allocation awards, and may not be used as the basis for any type of ROGO exemption or THE (Transfer of ROGO Exemption). ROGO Allocations for rooms, hotel or motel; campground spaces; transient residential units; and seasonal residential units are subject to Policy 101.3.5. Policy 101.3.2 The number of permits issued for residential dwelling units under the Rate of Growth Ordinance shall not exceed a total of 1,970 new allocations for the time period of July 13, 2013 through July 12, 2023, plus any available unused ROGO allocations from a previous ROGO year. A ROGO year means the twelve-month period beginning on July 13. Market rate allocations shall not to exceed 126 residential units per year. Unused allocations for market rate shall be available for Administrative Relief. In 2012,pursuant to Rule 28-20.140,F.A.C.,the Department of Economic Opportunity completed the hurricane evacuation clearance time modeling task and found that with 10 years' worth of building permits,the Florida Keys would be at a 24 hour evacuation clearance time. This creates challenges for State of Florida and Monroe County as there are 8,168 privately owned vacant parcels [3,979 Tier I; 393 Tier II, 260 Tier III-A (SPA); 3,301 Tier III, and 235 No Tier(ORCA, etc.)] and with 1,970 new allocations this may result in a balance of 6,198 privately held vacant parcels at risk of not obtaining permits in the future. 300 Units StrikethettWunderline Page 2 of 21 Discussion and Direction: BOCC 01.30.19 300 Early Evacuation Workforce/Affordable ROGO Units In recognition of the possibility that the inventory of vacant parcels exceeds the total number of allocations which the State will allow the County to award, the County will consider adopting an extended timeframe for distribution of the ROGO allocations through 2033 with committed financial support from its State and Federal partners. This timeframe can provide a safety net to the County and provide additional time to implement land acquisition and other strategies to reduce the demand for ROGO allocations and help transition land into public ownership. The County is actively engaged in acquisitions and is requesting its State and Federal partners for assistance with implementing land acquisitions in Monroe County. The County will allocate the 1,970 new dwelling unit allocations over a 10 year timeframe. If substantial financial support is provided by July 12, 2018, the County will reevaluate the ROGO distribution allocation schedule and consider an extended timeframe for the distribution of market rate allocations (through a comprehensive plan amendment).Further,the State and County shall develop a mutually agreeable position defending inverse condemnation cases and Bert J. Harris, Jr. Private Property Rights Protection Act cases, with the State having an active role both directly and financially in the defense of such cases. Notwithstanding the foregoing and Policy 101.2.2, Monroe County shall establish a new limited category(Phase One Affordable"POA")for 300 workforce-affordable building permit allocations to participate in the Workforce-Affordable Housing Initiative pursuant to Goal 109. These POA allocations are in addition to the maximum allocations identified in Rules 28-18, Florida Administrative Code. The POA workforce-affordable housing units built under this program shall: 1. be multifamily structures consisting of attAched dwelling units; 2. be rental units; 3. require,a Development Agreement_pursuant to Chapter, 1.10, Article._.V Development 4grcement Authorisation.; 5. not be placed in the V-Zone or within the Coastal Barrier Resource Systems; 6. require on-site property management; trait; 8. incorporate sustainable and resilient design principles into the overall site design; 9. ensure accessibility to employment centers and amenities: 10. require deed-restrictions ensuring: a. the property remains workforce-affordable housing in perpetuity; b. tenants evacuate during the period in which transient units are required to evacuate c. rental agreements contain a separate disclosure requiring renters to acknowledge that failure to adhere to the evacuation requirement could result in severe penalties, including eviction,to the resident; and d. onsite property managers are formally trained in evacuation procedures. 300 Units Str-iketheu+gh/underline Page 3 of 21 Discussion and Direction: BOCC 01.30.19 300 Early Evacuation Workforce/Affordable ROGO Units The County shall distribute ROGO allocations by ROGO year, as provided in the table below. Current Table for CP Policy 101.3.2: Annual Allocation ROGO Year Market rate Affordable July 13,2018-July 12,2019 126 568 total AFH (total available July 13, 2019-July 12,2020 126 immediately) July 13,2020-July 12, 2021 126 July 13, 2021-July 12, 2022 126 July 13,2022-July 12, 2023 126 Total 1,260 710* *Includes two annual affordable ROGO allocation for the Big Pine Key/No Name Key subarea. Option 1: Do not accept the 300 early evacuation affordable ROGOs and extend ROGO allocations through 2026. Annual Allocation ROGO Year Market rate Affordable 568 total AFH (total available July 13,2018-July 12, 2019 126 immediately) July 13, 2019-July 12, 2020 126 July 13, 2020-July 12, 2021 426 64 July 13, 2021-July 12, 2022 -1-6 64 300 Units Stfikethettgh/underline Page 4 of 21 Discussion and Direction: BOCC 01.30.19 300 Early Evacuation Workforce/Affordable ROGO Units July 13,2022-July 12, 2023 64 July 13, 2023-July 12, 2024 62 July 13, 2024- July 12, 2025 62 July 13, 2025-July 12, 2026 62 Total 1,260 710* *Includes two annual affordable ROGO allocation for the Big Pine Key/No Name Key subarea through the Incidental Take Permit (ITP) ending in 2023. Option 2: Accept the 300 early evacuation affordable ROGOs and extend ROGO allocations until 2026. Annual Allocation ROGO Year Affordable Phase One Affordable Market Rate Housing 1 sousing July 13, 2013- July 12,2014 126 7 I 0 July 13, 2014- July 126 71 0 12,2015 — July 13, 2015- July 12,2016 126 July 13, 2016- July 12, 2017 126 July 13, 2017- July 12,2018 126 July 13, 2018- July 12,2019 126 July 13, 2019- July 568 total AFH 12, 2020 126 (total available July 13, 2020- July immediately) 12,2021 1 14 July 13, 2021- July 4-26 1 1 300** 12, 2022 July 13, 2022- July 4-26 13 12, 2023 July 13, 2023- July 13 12, 2024 300 Units Stfiketheugh/underline Page 5 of 21 Discussion and Direction: BOCC 01.30.19 300 Early Evacuation Workforce/Affordable ROGO Units July 13, 2024- July 12, 2025 July 13, 2025- July 11 12,2026 Total -1,260 960 710* 300** *Includes two annual affordable ROGO allocation for the Big Pine Key/No Name Key subarea through the Incidental Take Permit(ITP)ending in 2023. ** POA allocations subject to restrictions specified in Comprehensive Plan Goal 109 and LDC Section 138-24. POA allocations shall be reserved and utilized for any development with two (2) or more affordable units and shall require a Development Agreement pursuant to Chapter 110, Article V Development Agreement Authorizuiiuir. *** Option 3: Accept the 300 early evacuation affordable ROGOs and do not extend ROGO beyond 2023. Annual Allocation ROGO Year Affordable Phase One Affordable Market Rate Housing Housing 0 0 0 0 0 July 13, 2018- July 568 total AFH 12,2019 126 (total available 0 July 13, 2019- July immediately) 12, 2020 126 0 July 13, 2020- July INN 12,2021 300** July 13, 2021- July 12, 2022 300 Units Stfiketheugh/underline Page 6 of 21 Discussion and Direction: BOCC 01.30.19 300 Early Evacuation Workforce/Affordable ROGO Units July 13, 2022- July 12,2023 126 l Total 47260 960 710* 300** *Includes two annual affordable ROGO allocation for the Big Pine Key/No Name Key subarea ** POA allocations subject to restrictions specified in Comprehensive Plan Goal 109 and LDC Section 138-24. POA allocations shall be reserved and utilized for any development with two (2) or more affordable units and shall require a Development Agreement pursuant to Chapter 110, Article V Development Agreement Authorization. The State of Florida, pursuant to Administration Commission Rules, may modify the annual allocation rate. Monroe County will request a Rule change from the Administration Commission to authorize the above allocation timeframe and rate. Policy 101.3.3 Monroe County shall allocate at least 20% of the annual allocation, or as may be established by the State of Florida,pursuant to Administration Commission Rules,to affordable housing units as part of ROGO.Any portion of the allocations not used for affordable housing shall be retained and be made available for affordable housing from ROGO year to ROGO year. Affordable housing eligible for this separate allocation shall meet the criteria specified in Policy 601.1.4 and the Land Development Code, but shall not be subject to the competitive Residential Permit Allocation and Point System in Policy 101.6.4. Any parcel proposed for affordable housing shall not be located within an area designated as Tier I as set forth under Goal 105 or within a Tier III A Special Protection Area as set forth in Policy 205.1.1. Notwithstanding the foregoing. and notwithstanding Policy 101.6.2, affordable housing ROGO allocations ma\ be awarded to Tier 1 or Tier Ill-A properties which meet all of the following criteria: I. The property contains an existing market rate dwelling unit that meets the criteria in LDC Section 138-22(a) and is determined to be exempt from ROGO; 2. "l he proposed replacement affordable dwelling unit meets current Florida Building Code and is not a mobile home:, 3. The proposed replacement dwelling unit shall be deed restricted for a period of at least 99 years as affordable housing pursuant to the standards of the Land Development Code; and 4. The proposed site plan for the replacement affordable dwelling unit does not propose any additional clearing of habitat. Policy 101.3.4 The Permit Allocation System (or Rate of Growth Ordinance) for new residential development shall specify procedures for: 1. establishing the annual number of permits for new residential units to be issued during the next ROGO year based upon, but not limited to the following: 300 Units Str-iketheugh/underline Page 7 of 21 Discussion and Direction: BOCC 01.30.19 300 Early Evacuation Workforce/Affordable ROGO Units a. expired allocations and building permits in previous year; b. allocations available, but not allocated in previous year; c. number of allocations borrowed from future quarters; d. vested allocations; e. modifications required or provided by Administration Commission Rules; f. modifications required or provided by this plan or agreement pursuant to Chapter 380, Florida Statutes; and g. receipt or transfer of affordable housing allocations by intergovernmental agreement; and h. receipt or transfer of allocations pursuant to the 2012 Hurricane Evacuation Clearance Time Memorandum of Understanding; 2. allocation of affordable and market rate housing units in accordance with Policy 101.3.3 and Goal 109; and 3. timing of the acceptance of applications, evaluation and scoring of applications, and issuance of permits for new residential development during the calendar year. Policy 101.3.5 Due to the limited number of allocations and the State's requirement that the County maintain a maximum hurricane evacuation clearance time of 24 hours, Monroe County shall prohibit new transient residential allocations for hotel or motel rooms,campground spaces,or spaces for parking a recreational vehicle or travel trailer until May 2022. Lawfully established transient units shall be entitled ROGO exemption. (Ordinance 024-2011) Policy 101.3.6 All public and institutional uses (except hospital rooms) that predominately serve the County's non-transient population and which house temporary residents shall be subject to the Permit Allocation System for residential development, except upon factual demonstration that such transient occupancy is of such a nature so as not to adversely impact the hurricane evacuation clearance time of Monroe County. Policy 101.3.7 Monroe County may permit temporary emergency housing, not subject to the Permit Allocation System, for temporary occupancy by residents displaced by natural or manmade disaster damage; or for relief workers involved in reconstruction activities. Temporary emergency housing may be permitted subject to the following: • Temporary emergency housing means recreational vehicles (or similar approved sheltering units) used for temporary occupancy in response to natural or manmade disasters, including, but not limited to, hurricanes and tropical storms, where such units are provided to residents and relief workers as part of emergency relief efforts. • Building permits for temporary emergency housing for displaced residents on single family parcels shall be limited to one recreational vehicle(or similar approved sheltering unit) per lot, and occupancy shall not exceed 180 days, unless an extension of up to an additional 180 days is granted by the building official. 300 Units 1etlietigli/underline Page 8 of 21 Discussion and Direction: BOCC 01.30.19 • 300 Early Evacuation Workforce/Affordable ROGO Units • Building permits for temporary emergency housing for displaced residents on nonresidential or mixed use sites shall not exceed 180 days, unless an extension of up to an additional 180 days is granted by the building official. •Approval by the Board of County Commissioners(BOCC) of a resolution authorizing the placement and duration of temporary emergency housing for relief workers shall be required. Occupancy of temporary emergency housing for relief workers shall not exceed the duration specified by the BOCC resolution,but may only be extended at the discretion of the BOCC by an additional resolution. Policy 101.3.8 Monroe County may permit temporary non-emergency housing, not subject to the Permit Allocation System, for temporary occupancy by workers undertaking a long-term capital improvement project to provide site security for the capital improvement project site; or to avoid delay in completing ongoing or future airport safety and capacity improvements on county airport properties. Temporary non-emergency housing may be permitted subject to the following: • Temporary non-emergency housing means recreational vehicles (or similar approved sheltering units) used for temporary occupancy by employees in order to provide project site security for a long-term capital improvement project or to avoid delay in completing ongoing or future airport safety and capacity improvements. •Approval by the Board of County Commissioners(BOCC)of a resolution authorizing the placement of a temporary non-emergency housing unit to provide site security for a capital improvement project shall be required. The BOCC resolution shall specify the location (placement of the unit at.the project site) and the duration of the temporary housing unit, not to exceed 180 days. No more than one (1) temporary non-emergency housing unit shall be approved per project site. Occupancy may only be extended at the discretion of the BOCC by an additional resolution. When considering such placement, the BOCC shall take into account the number of times a parcel has been used for temporary non-emergency housing purposes for capital improvement projects and shall consider compatibility,complications,public comment and other circumstances that may require a site to be utilized for more than 365 consecutive days. • Occupancy of temporary non-emergency housing necessary to avoid delay in completing ongoing or future airport safety and capacity improvements on county airport properties shall not exceed 30 days after the completion of the associated project, unless an extension is granted by the BOCC. For all permitted temporary housing, upon expiration of relevant approvals and timeframes expressly set forth in the relevant authorization,the temporary housing shall be removed. Policy 101.3.9 For those ROGO applications and properties which have not received a ROGO award for four consecutive years and have applied for administrative relief, which are designated Tier I, II, or 300 Units Strikethough/underline Page 9 of 21 Discussion and Direction: BOCC 01.30.19 300 Early Evacuation Workforce/Affordable ROGO Units IIIA, the County or the State shall offer to purchase the property if funding for such is available. Refusal of the purchase offer shall not be grounds for granting a ROGO award. Policy 101.3.10 Notwithstanding any other provision of the Plan,ROGO allocations utilized for affordable housing projects may be pooled and transferred between ROGO subareas,excluding the Big Pine/No Name Keys ROGO subarea,and between local government jurisdictions within the Florida Keys Area of Critical State Concern(ACSC).Any such transfer between local government jurisdictions must be accomplished through an interlocal agreement between the sending and receiving • local governments. Policy 101.3.11 Monroe County may receive additional building permit allocations pursuant to the 2012 completed hurricane evacuation clearance time modeling and allocation recommendations by the State Land Planning Agency and the Administration Commission's direction that the City of Key West would transfer annually(by July 15th)any remaining unused allocations for that year to the other Florida Keys' local governments based upon the local governments' ratio of vacant land. Any transferred allocations from the City of Key West to Monroe County shall be made available for Administrative Relief. *** Goal 110—Workforce-Affordable Housing Initiative. To support Monroe County's workforce by alleviating constraints on affordable housing the County shall participate in the Workforce-Affordable Housing Initiative, as approved during the June 13, 2018 meeting of the Administration Commission. The Workforce-Affordable Housing Initiative will require new construction that participates to commit to evacuating renters in the 48- hour window of evacuation. Objective 110.1 — Provide Workforce-Affordable Housing Building Permit Allocations. The County shall establish a new limited category(Phase One Affordable"POA")for 300 workforce-affordable building permit allocations to participate in the Workforce- Affordable Housing Initiative. These allocations are in addition to the maximum allocations identified in Rules 28-18, Florida Administrative Code. The County shall be responsible for the management, distribution,and enforcement of requirements associated with the POA allocations. Monroe County shall ensure adherence to these requirements through implementing the policies of this objective. Policy 110.1.1 —Distribution of Workforce-Affordable Housing Allocations. Workforce-affordable housing allocations shall be evaluated and_distributed in accordance with Land Development Code Chapter 138, Article II Residential Rate Gr�rnth I imitation (ROGO)._(' ,i,;.,,. . cedures cifc t„ nnn 1 300 Units Stfiketheuglh/underline Page 10 of 21 Discussion and Direction: BOCC 01.30.19 300 Early Evacuation Workforce/Affordable ROGO Units Policy 110.1.2 - Specific Standards and Requirements for Workforce- Affordable Housing. Workforce-affordable housing units built under this program shall: 1. be multifamily structures consisting of aachoddwelling units; 2. be rental units; 3. require, at a minimum, adherence to the latest edition of the Florida Building Code as published by the Florida Building Commission; 4. not be placed in the V-Zone or within the Coastal Barrier Resource Systems; 5. require on-site property management; 6. comply with applicable locational criteria and densities for multifamily affordable housing units; 7. incorporate sustainable and resilient design principles into the overall site design; 8. ensure accessibility to employment centers and amenities; 9. require deed-restrictions ensuring: a. the property remains workforce-affordable housing in perpetuity; b. tenants evacuate during the period in which transient units are required to evacuate; c. rental agreements contain a separate disclosure requiring renters to acknowledge that failure to adhere to the evacuation requirement could result in severe penalties, including eviction, to the resident; and d. onsite property managers are formally trained in evacuation procedures. Policy 110.1.3—Evacuation exemptions. Persons living in workforce-affordable housing who are exempt from evacuation requirements of Policy 109.1.2.9.b include all first responders, correction officers, health care professionals, or other first-response workers required to remain during an emergency, provided the person claiming exemption under this policy has faithfully certified their status with on-site_property management. Policy 110.1.4—ADA Compliance. All workforce-affordable housing developments must demonstrate compliance ith all applicable federal standards for accessibility for persons with disabilities. Policy 110.1.4-Evaluation and Report. Monroe County shall Le participatinge in the program shall provide to the state land planning agency an Annual Report by July 1 (or January 1???) of each year indicating the number of workforce-affordable units built, occupancy rates, and compliance with the requirement to evacuate the units in the Phase I evacuation. *** 300 Units Strip/underline Page 11 of 21 Discussion and Direction: BOCC 01.30.19 300 Early Evacuation Workforce/Affordable ROGO Units Land Development Code Current Code Sec. 138-24. Residential ROGO Allocations. (a)Number of available annual residential ROGO allocations. The number of market rate residential ROGO allocations available in each subarea of the unincorporated county and the total number of affordable residential ROGO allocations available countywide shall be as follows: Subarea Number of Dwelling Units Upper Keys 61 Lower Keys 57 Big Pine and No Name Keys 8 Total market rate 126 Affordable Dwelling Units Very Low, Low, and Median Incomes 360* Moderate Incomes 350* *Includes one annually for Big Pine Key and No Name Key ROGO Year Annual Allocation Market Rate Affordable Housing July 13, 2013- July 126 71 12,2014 U: 61, L:57, BPK/NNK: 8 July 13, 2014- July 126 71 12,2015 U: 61, L:57, BPK/NNK: 8 July 13, 2015- July 126 71 12, 2016 U: 61. L:57, BPK/NNK: 8 July 13, 2016- July 126 12,2017 U: 61. L:57, BPK/NNK: 8 July 13, 2017- July 126 12, 2018 U: 61, L:57, BPK/NNK: 8 July 13, 2018- July 126 12, 2019 U: 61, L:57, BPK/NNK: 8 497 total AFH July 13, 2019- July 126 (total available immediately) 12, 2020 U: 61, L:57, BPK/NNK: 8 July 13, 2020- July 126 12, 2021 U: 61, L:57, BPK/NNK: 8 July 13, 2021- July 126 12,2022 U: 61, L:57, BPK/NNK: 8 300 Units Str-+leugk/underline Page 12 of 21 Discussion and Direction: BOCC 01.30.19 300 Early Evacuation Workforce/Affordable ROGO Units July 13, 2022- July 126 12,2023 U: 61, L:57, BPK/NNK: 8 Total 1,260 710* *Includes two annual affordable ROGO allocation for the Big Pine Key/No Name Key subarea **** Option 1: Do not accept the 300 early evacuation affordable ROGOs and extend ROGO allocations through 2026. Number of Dwelling Units Subarea ROGO Years: ROGO Years: July 13, 2020-July 12, 2021 July 13, 2023-July 12,2024 July 13, 2021-July 12, 2022 Jul\ 13, 2024-July 12,2025 July 13, 2022-July 12, 2023 July 13. 2025- July 12, 2026 Upper Keys 64-3 I 30 Lower Keys 29 28 Big Pine and No Name Keys $4 4 Total market rate 64 62 Affordable Dwelling Units Very Low, Low, and Median 360* Incomes Moderate Incomes 3 5 0* *Includes one annually for Big Pine Key and No Name Key ROGO Year Annual Allocation Market Rate Affordable Housing 497 total AFH (total available immediately) 300 Units Stfikethettgh/underline Page 13 of 21 Discussion and Direction: BOCC 01.30.19 300 Early Evacuation Workforce/Affordable ROGO Units July 13, 2019- July 126 12,2020 U: 61, L:57, BPK/NNK: 8 July 13, 2020- July 4-26 64 12,2021 U:64-31, L:57 29, BPK/NNK:8 4 July 13, 2021- July 4-26 64 12, 2022 U:64-31, L:57 29, BPK/NNK:8 4 July 13, 2022- July 6 64 12,2023 U:611.31, L:67 29, BPK/NNK:8 4 July 13, 2023- July 62 12, 2024 U: 30, L:28, BPK/NNK: 4 July 13, 2024- July 62 12, 2025 U: 30, L:28, BPK/NNK: 4 July 13, 2025- July 62 12, 2026 U: 30, L:28, BPK/NNK: 4 Total 1,260 710* *Includes two annual affordable ROGO allocation for the Big Pine Key/No Name Key subarea through the Incidental Take Permit(ITP) ending in 2023. Option 2: Accept the 300 early evacuation affordable ROGOs and extend ROGO allocations until 2026. Number of Dwelling Units Subarea ROGO Years: ROGO Years: July 13, 2020- July ROGO Years: July 13, 2025-July 12, 2021 July 13,2022-July 12, 2023 12, 2026 July 13, 2023- July 12, 2024 July 13, 2021- July 12, 2022 July 13, 2024-July 12, 2025 Upper Keys 64-7 6 6 Lower Keys 5-7 6 6 5 Big Pine and No 1 I 0 Name Keys - Total market rate6 14 13 11 Affordable Dwelling Units Very Low, Low, and Median 360* Incomes Moderate 350* Incomes 300 Units Striketheogh/underline Page 14 of 21 Discussion and Direction: BOCC 01.30.19 300 Early Evacuation Workforce/Affordable ROGO Units *includes one annually for Big Pine Key and No Name Key through the Incidental Take Permit (ITP) endin1 in 2023. Phase One 300** Affordable Dwelling Units **Limited to restrictions established in Comprehensive Plan Goal 109 and LDC Section 138- 24. Annual Allocation ROGO Year Affordable Phase One Market Rate Housing Affordable Housing 0 (1 (1 () () July 13, 2018- July 126 O 12, 2019 U: 61, L:57, BPK/NNK: 8 July 13, 2019- July 126 12,2020 U: 61. L:57, BPK/NNK: 8 O July 13, 2020- July 4-26 14 497 total AFH 12,2021 U: 61-7, L:3-7 6. (total available BPK/NNK:8 I immediately) July 13, 2021- July 4-26 14 12, 2022 U:61-7, L:3-7 6, BPK/NNK:8 I July 13, 2022- July 4-2-6 13 300 total POA 12, 2023 U:61-6, L:3-7 6. AFH (total BPK/NNK:8 I available July 13, 2023- July 13 immediately) 12,2024 U: 6, L:6, BPK/NNK: I 300 Units Str-ilietho ugh/underline Page 15 of 21 Discussion and Direction: BOCC 01.30.19 300 Early Evacuation Workforce/Affordable ROGO Units July 13, 2024- July 13 12, 2025 U: 6, L:6, BPK/NNK: 1 July 13, 2025- July 11 12,2026 U: 6, L:5, BPK/NNK: 0 Total 4460 960 710* 300** *Includes two annual affordable ROGO allocation for the Big Pine Key/No Name Key subarea through the Incidental Take Permit(ITP)ending in 2023. ** POA allocations subject to restrictions specified in Comprehensive Plan Goal 109 and herein. POA allocations shall be reserved and utilized for any development with two (2) or more affordable units and shall require a Development Agreement pursuant to Chapter 110, Article V Development Agreement Authorization. The POA workforce-affordable housing units built under this program shall: 1. be multifamily structures consisting of attached dwelling units; 2. be rental units; 3. require,a Development Agreement pursuant to Chapter 110, Article V Development Agreement Authorization 5. not be placed in the V-Zone or within the Coastal Barrier Resource Systems; 6. require on-site property management: 7. comply with applicable locational criteria and densities for multifamily affordable i 8. incorporate sustainable and resilient design principles into the overall site design; 9. ensure accessibility to employment centers and amenities; 10. require deed-restrictions ensuring: the property remains workforce-affordable housing in perpetuity; b tenants evacuate during the period in which transient units are required to evacuate: c. rental agreements contain a separate disclosure requiring renters to acknowledge that failure to adhere to the evacuation requirement could result in severe penalties, including eviction,to the resident; and d. onsite property managers are formally trained in evacuation procedures. Option 3: Accept the 300 early evacuation affordable ROGOs and do not extend ROGO beyond 2023. Number of Dwelling Units ROGO Years: ROGO Years: July 13, 2020- July 12, 2021 July 13, 2022-July 12, 2023 300 Units Stfi ougk/underline Page 16 of 21 Discussion and Direction: BOCC 01.30.19 300 Early Evacuation Workforce/Affordable ROGO Units July 13, 2021-July 12, 2022 Subarea Upper Keys 64- 13 12 Lower Keys 3-7 12 11 Big Pine and No Name Keys 8 2 1 Total market rate 27 24 Affordable Dwelling Units _ Very Low,Low,and Median 360* Incomes Moderate Incomes 350* *Includes one annually for Big Pine Key and No Name Key, Phase One Affordable 300** Dwelling Units **Limited to restrictions established in Comprehensive Plan Goal 109 and LDC Section 138- 24. Annual Allocation ROGO Year Affordable Phase One Market Rate Housing Affordable Housing 0 0 0 0 0 July 13, 2018- July 126 0 12,2019 U: 61, L:57, BPK/NNK: 8 497 total AFH July 13, 2019- July 126 (total available 0 12, 2020 U: 61, L:57, BPK/NNK: 8 immediately) July 13, 2020- July 4-26 27 300 total POA 12, 2021 U:6-1. 13, L:64 12, AFH (total BPK/NNK:8 2 available July 13, 2021- July 27 immediately) 12, 2022 — 300 Units Strikes/underline Page 17 of 21 Discussion and Direction: BOCC 01.30.19 300 Early Evacuation Workforce/Affordable ROGO Units U: 64- 13, L:3-7 12, BPK/NNK: 8 2 July 13, 2022- July 24 12, 2023 U:64- 12, L:$7 11, BPK/NNK:8 1 Total 47-260 960 710* 300** *Includes two annual affordable ROGO allocation for the Big Pine Key/No Name Key subarea through the Incidental Take Permit(ITP)ending in 2023. ** POA allocations subject to restrictions specified in Comprehensive Plan Goal 109 and herein. POA allocations shall be reserved and utilized for any development with two (2) or more affordable units and shall require a Development Agreement pursuant to Chapter 110,Article V Development Agreement Authorization. The POA workforce-affordable housing units built under this program shall: 1. be multifamily structures consisting of attached dwelling units; 2. be rental units; 3. require, a Development Agreement pursuant to Chapter 1 10, Article,V Develo ment Agreement Authorization; 1. require, at a minimum, adherence to the latest edition of the Florida Building Code as 5. not be placed in the V-Zone or within the Coastal Barrier Resource Systems; 6. require on-site property management; 7. comply with applicable locational criteria and densities for multifamily affordable heusingttftitst 8. incorporate sustainable and resilient design principles into the overall site design; 9. ensure accessibility to employment centers and amenities; 10. require deed-restrictions ensuring: a. the property remains workforce-affordable housing in perpetuity; b. tenants evacuate during the period in which transient units are required to evacuate; c. rental agreements contain a separate disclosure requiring renters to acknowledge that failure to adhere to the evacuation requirement could result in severe penalties, including eviction,to the resident; and d. onsite property managers are formally trained in evacuation procedures. The State of Florida, pursuant to Administration Commission Rules, may modify the annual allocation rate. By July 12, 2018, if substantial financial support is provided by State and Federal partners, the County may reevaluate the ROGO distribution allocation schedule and consider an extended timeframe for the distribution of market rate allocations. If necessary, Monroe County will request a Rule change from the Administration Commission to authorize an alternative allocation timeframe and rate. 300 Units Strikethettgh/underline Page 18 of 21 Discussion and Direction: BOCC 01.30.19 300 Early Evacuation Workforce/Affordable ROGO Units (1) Yearly residential ROGO allocation ratio. Each subarea shall have its number of market rate residential ROGO allocations available per ROGO year.Affordable ROGO allocations and Phase One Affordable (POA) ROGO allocations shall be available for countywide allocation except for Big Pine Key and No Name Key. The allocations for Big Pine Key and No Name Key shall be limited to maximums established in Big Pine Key/No Name Key Livable CommuniKeys Plan, Incidental Take Permit and Habitat Conservation Plan. (2) Quarterly residential ROGO allocation ratio.Each subarea shall have its number of market rate housing residential ROGO allocations available per ROGO quarter determined by the following formula: a. Market rate residential ROGO allocations available in each subarea per quarter is equal to the market rate residential ROGO allocations available in each subarea divided by four. b. Affordable housing residential ROGO for all four ROGO quarters, including the allocations available for Big Pine Key, shall be made available at the beginning of the first quarter for a ROGO year. Beginning July 13, 2016, the balance of all remaining affordable housing residential ROGO allocations shall be made available for award. c. Phase One Affordable(POA) ROGO Allocations shall be made available for award beginning on July 13, 2020. Phase One Affordable (POA) Allocations shall not be available for Big Pine Key and No Name Key. (3) Ratio of very low income, low income, and median income allocations to moderate income allocations. The Planning Commission may amend these proportions for affordable housing during any ROGO quarter. (4) Big Pine Key and No Name Key. a. All allocation awards on Big Pine Key and No Name Key are subject to the provisions of the Incidental Take Permit (ITP), the Habitat Conservation Plan (HCP) and Livable CommuniKeys Plan(LCP) for the Florida Key Deer and other covered species, which may affect ROGO allocations under this article. b. In the Big Pine Key/No Name Key sub-area the annual maximum number of residential permit allocations that may be awarded in Tier I shall be no more than one (1) every 2 years. Until the ITP, HCP, Biological Opinion, and LCP are amended, a property owner attempting to develop his property may be granted an allocation through the ROGO process that may be used once that property owner obtains all required permits and authorizations required under the Endangered Species Act and other applicable federal and state laws. The allocation will remain valid so long as the applicant diligently and in good faith continues to work with USFWS to conclude the coordination and pick up a building permit. (5)Limit on number of allocation awards in Tier I. a. Big Pine Key/No Name Key subarea: The maximum ROGO allocations in Tier I shall be no more than one (1)every two (2)years. b. Upper Keys subarea: The annual maximum ROGO allocations in Tier I shall be no more than three(3). 300 Units Stfifetheugh/underline Page 19 of 21 Discussion and Direction: BOCC 01.30.19 300 Early Evacuation Workforce/Affordable ROGO Units c. Lower Keys subarea: The annual maximum ROGO allocations in Tier I shall be no more than three (3). (b)Reservation of affordable housing allocations.Notwithstanding the provisions of Section 138- 26 for awarding of affordable housing allocations, the BOCC may reserve by resolution some or all of the available affordable housing allocations for award to certain sponsoring agencies or specific housing programs consistent with all other requirements of this chapter. Building permits for these reserved allocations shall be picked up within six months of the effective reservation date,unless otherwise authorized by the BOCC in its resolution.The BOCC may, at its discretion, place conditions on any reservation as it deems appropriate. These reservations may be authorized by the BOCC for: (1) The county housing authority, nonprofit community development organizations, pursuant to Section 139-1(e),and other public entities established to provide affordable housing by entering into a memorandum of understanding with one or more of these agencies; (2)Specific affordable or employee housing projects participating in a federal/state housing financial assistance or tax credit program or-receiving some form of direct financial assistance from the county upon written request from the project sponsor and approved by resolution of the BOCC; (3) Specific affordable or employee housing projects sponsored by nongovernmental not- for profit organizations above upon written request from the project sponsor and approved by resolution of the BOCC; (4) Specific affordable or employee housing programs sponsored by the county pursuant to procedures and guidelines as may be established from time to time by the BOCC; (5)Specific affordable or employee housing projects by any entity,organization,or person, contingent upon transfer of ownership of the underlying land for the affordable housing project to the county, a not-for-profit community development organization, or any other entity approved by the BOCC, upon written request from the project sponsor and approved by resolution of the BOCC; or (6) Rental employee housing projects situated on the same parcel of land as the nonresidential workplace for the tenants of these projects, upon written request from the property owner and approved by resolution of the BOCC. (c)Affordable housing allocation awards and eligibility. (1)The definition of affordable housing shall be as specified in Sections 101-1 and 139-1. (2)Any portion of the affordable housing allocation not used for affordable housing at the end of a ROGO year shall be made available for affordable housing for the next ROGO year. (3)No affordable housing allocation shall be awarded to applicants located within a Tier I designated area, within a V-zone on the county's flood insurance rating map, or within a Tier III-A (special protection area) designated area. 300 Units ketheugk/underline Page 20 of 21 Discussion and Direction: BOCC 01.30.19 300 Early Evacuation Workforce/Affordable ROGO Units Notwithstanding the foregoing, and notwithstanding Section 138-24(a)(5), affordable housing ROGO allocations may be awarded to Tier I, Tier II, Tier III or Tier III-A properties which meet all of the following criteria: a. The property contains an existing market rate dwelling unit that meets the criteria in LDC Section 138-22(a)and is determined to be exempt from ROGO; b. The proposed replacement affordable dwelling unit meets current Florida Building Code and is not a mobile home; c. The proposed replacement dwelling unit shall be deed restricted for a period of at least 99 years as affordable housing pursuant to the standards of the Land Development Code; and d. The proposed site plan for the replacement affordable dx\ellinu unit does not propose any additional clearing of habitat. (4) Only affordable housing allocations for Big Pine Key may be used on Big Pine Key. No affordable housing allocation may be used on No Name Key. (d) Dwelling unit allocation required. The county shall issue no building permit for a dwelling unit unless such dwelling unit: (1)Has a dwelling unit allocation award; or (2) Is exempted from the dwelling unit allocation system pursuant to this chapter or is deemed vested pursuant to Section 138-22. *** 300 Units Stril eugk/underline Page 21 of 21 Discussion and Direction: BOCC 01.30.19 MONROE COUNTY ? THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN BUILD-OUT CHALLENGES FACING THE FLORIDA KEYS Ike PotentaalPrice of Preserving Paradise... The Florida Keys are designated as an Area of Critical State Concern(ACSC)by the State Legislature. A Rate of Growth Ordinance (ROGO) was implemented in order to provide for the safety of residents in the event of a hurricane evacuation and to protect the significant natural resources of Monroe County(MC), as required by the State of Florida. ROGO established a competitive permit allocation system whereby those applications with the highest scores are awarded building permits. The State of Florida allows issuance of 197 building permits per year for new residential development(Rule 28-20.140, F.A.C.),within unincorporated MC. In 2012, pursuant to Rule 28-20.140, F.A.C., the Department of Economic Opportunity (DEO) completed the hurricane evacuation clearance time modeling task and found that with 10 years' worth of building permits,the Florida Keys would be at a 24 hour evacuation clearance. A Memorandum of Understanding (MOU) [see Exhibit 1] was entered into by and between DEO,the Florida Division of Emergency Management, MC and the municipalities to stipulate the input variables and assumptions for the hurricane model. Based upon the MOU and the resulting 24 hour evacuation clearance, DEO determined the remaining allocations for the Florida Keys (3,550 additional permits countywide). In March 2013, the Governor and Cabinet, sitting as the State Administration Commission, approved the recommendation to allocate 10 years' worth of growth (197 x 10 = 1,970 permits)to MC while maintaining an evacuation clearance time of 24 hours, through the year 2023. Table 1 demonstrates the challenges unincorporated MC may face, as there are 8,168 privately owned vacant parcels (minimum value of $248,314,487). With just 197 permits per year, it would take over 41 years' worth of annual allocations(at the current rate of 197)to absorb these parcels. This may result in a balance of 6,198 privately held vacant parcels at risk of not obtaining permits in the future (minimum value of$188,424,716). This deficit of building permit allocations could trigger takings suits against both the State and MC, if no additional permits are allowed beyond the year 2023. Table 1: Analysis of Vacant Parcels in Unincorporated Monroe County, Florida NUMBER OF YEARS TO THEORETICAL TIER VACANT PARCELS ALLOCATE MAXIMUM PERMITS DENSITY** No Tier(ORCA,etc.) 235 766 Tier 1 3,979 4,806 Tier II 393 590 Tier III-A 260 553 Tier III 3,301 5,048 TOTAL 8,168* 41.5 11,763 TOTAL ALLOCATIONS 1,970 POTENTIAL LIABILITY 6,198* *Assumes one(1) unit per parcel and does not take into account additional density potential. **Theoretical density analysis is based on acreage multiplied by the maximum allocated residential density for each FLUM category. This data is provided for illustrative purposes only;conditions specific to the individual parcel, including physical size, environmental sensitivity,zoning and tier designation and other regulatory constraints, such as ROGO are the final determinant of development potential. 11Page BOCC July 18 . 2 (11 In recognition of the possibility that the inventory of vacant parcels exceeds the permits MC can award, the BOCC has already adopted some strategies to help transition land into public ownership to reduce the potential takings claims,and address the future build out of the Florida Keys by incentivizing development that eliminates privately owned vacant parcels. These strategies include: ADOPTED COUNTY STRATEGIES • Incentivize Dedication of Land — the BOCC adopted an amendment to encourage additional land dedication by providing additional points in ROGO/NROGO. • Discouragement Policy—the BOCC adopted an amendment to discourage private applications for FLUM amendments that increase density and intensity, as required by Rule 28-20.140, F.A.C., unless mitigated by providing land(acreage or Improved Subdivision[IS] parcels)to MC. • Created Commercial FLUM category (no residential component) - the BOCC adopted an amendment to provide options to re-designate property for other nonresidential uses (Provides alternative uses of property). • Revised NROGO to make the process simpler and encourage nonresidential redevelopment and development. While these adopted strategies, if utilized,help off-set the costs for direct acquisition of land,the projected costs outlined in Table 2 (below) suggest that these efforts will not serve to completely close the gap between the number of vacant parcels that may seek a permit and the number of permits the County is currently authorized by the State to issue,based on ROGO. Current Land Acquisition Strate¢v At present,there are two recurring dedicated funding sources for purchasing land within the County. The first is through half of a 1 cent Tourist Impact tax(pursuant to § 125.0108, F.S.), which provides an annual revenue for the Florida Keys ACSC of approximately $1.2 million. This tax also generates approximately $1.6 million annually for the Key West ACSC. The second recurring revenue is provided through a State Park surcharge that generates approximately$400,000 annually. For the total revenue(on average$1.6 million) in the Florida Keys ACSC, the Land Authority has historically allocated 60% (approximately $900,000) to the acquisition of conservation land, with the remainder going towards purchase of parcels for affordable housing, or occasionally for active recreation areas. These funding sources alone will not be sufficient to meet the land acquisition needs of MC in the future. As demonstrated in Table 2, at current funding levels and with the State discontinuing its aggressive land acquisition in the Florida Keys, adding 3,550 allocations for dwelling units through the year 2023, it would take approximately 272 years to generate the funds equal to the tax assessed value and offer to purchase the remaining inventory of private,vacant parcels in the Florida Keys(unincorporated and incorporated). Note: The analysis in this paper is limited to tax assessed value of parcels and does not consider: the future willingness of owners to sell; if the value assumed will be equal to the acquisition price; sufficiency of funds; if the parcels have a marketable title; the suitability of public ownership of certain parcels; the feasibility and costs of managing parcels;etc. 2IPage BOCC Jule 18 . 2013 Table 2: Inventory of Vacant Parcels in Florida Keys and Approximate Land Value ESTIMATED YEARS TO APPROXIMATE FUNDING GENERATE NO. AVERAGE LAND VALUE Based on Historic THE FUNDS AREA VACANT PARCEL (December 2012 Rates For EQUAL TO PARCELS VALUE*** MC Property Acquisition of THE TAX Appraiser data) Conservation ASSESSED Lands VALUE Key West ACSC* 104 $355,045 $ 36,924,754 $ 270.000 137 Unincorporated MC 8,168 $ 30,400 $248,314,487 276 Marathon 1,680 $ 49,845 $ 83,740,226 93 Layton 34 $ 51,080 $ 1,736,724 $900,000 2 4' Key Colony Beach 109 $129,746 $ 14,142,347 16 Islamorada 1,269 $ 60,877 $77,253,680 86 m TOTAL PARCELS 11,364141IF $40,664 $462,112,21. TOTAL 3,550 3,550 County wide including cities,with 1,970 units for unincorporated MC ALLOCATIONS PARCELS TO PURCHASE 7,814 $40,664*** $317,748,496 $ 1,170,000 272** (COUNTYWIDE)** * The Monroe County Lund Authority has historically allocated approximately 18% (S270,000,yr) ej the ALl !best ACSC portion of tourist impact tax revenue to the purchase of conservation and recreation lands. The remainder of Key West ACSC tourist impact tax revenue has been allocated for the purchase of affordable housing sites. ** The total vacant parcels (11,364) less the 3,550 allocations available results in 7,814 parcels to purchase. At an average cost of$40,664 it will take MC 272 years to acquire these parcels utilizing$1.17M(900,000+270,000). *** This analysis assumes no growth in property value over time. Note property values could change exponentially. Land values for each jurisdiction are divided by the$900,000 estimated funding figure. The County staff recognizes the need for ADDITIONAL STRATEGIES aimed at reducing the total inventory of privately owned vacant land. To that end, MC staff is currently evaluating the potential for future policy and program strategies that could apply within the unincorporated and incorporated areas of the Florida Keys, including: ADDITIONAL STATE & FEDERAL LAND ACQUISITION STRATEGIES 1. Request the State of Florida Division of State Lands to continue to aggressively acquire vacant, privately owned land as a State partner in the ACSC program. The County should encourage the state government to target the acquisition of Tier I land within their acquisition boundaries. - 7,589 Tier I parcels within the State's Florida Forever Boundary are owned by public and nonprofit agencies. 3,351 Tier I parcels within the State's Florida Forever Boundary remain privately owned and vacant. The 3,351 Tier I privately owned vacant parcels have an approximate value of$14,731,730. 2. Request the Federal Government to continue to aggressively acquire vacant, privately owned land. The County should encourage the federal government to target the acquisition of lands containing suitable habitat for and known populations of federally-designated wildlife species(Endangered Species Act). - 12,147 parcels within the Federal Species Focus Area and Buffer Areas are owned by public and nonprofit agencies. 7,193 parcels within remain privately owned and vacant. The 7,193 privately owned vacant parcels have an approximate value of$240,088,014. Wage BOCC July 18 . 2013 Table 3: Past State of Florida Division of State Lands Acquisition Strategy in Monroe County State of Florida Total Total Land Acquisition Programs Years Number of Acres Total Cost Transactions Land Acquisition Trust Fund 1966- 1979 100 1623.42 $ 12,097,641 Conservation& Recreation Land(CARL) 1982- 1993 143 3028.64 $ 74,669,999 Trust Fund Save Our Coast Trust Fund 1983 - 1993 4 39.03 $ 2,400,000 Preservation 2000(P-2000)Trust Fund 1993 -2002 798 3689.1 $ 73,687,905 Florida Forever Trust Fund 2002-2009 808 1192.45 5 77,502,431 1853 9572.64 S 240,357,976 Since 2009, funding has not been available for the Division of State Lands to continue its partnership with Monroe County and purchase additional conservation lands(see Exhibit 2 -maps of the current Monroe County lands owned by public and nonprofit agencies). ADDITIONAL COUNTY POLICY STRATEGIES 3. Reduce the current yearly allocation rate of 197 units per year with a MC Comprehensive Plan amendment, thereby extending the timeframe of the recently awarded allocations (3,550 County wide including cities, with 1,970 units for unincorporated MC).This would provide additional time to implement other strategies, such as land acquisition. 4. Further Incentivize Lot Aggregation by encouraging additional aggregation by increasing points awarded in ROGO. Currently, 3 positive points are awarded for each vacant, legally platted lot which is aggregated in a designated Tier II or III area on BPK/NNK, and 4 positive points are awarded for each vacant, legally platted lot which is aggregated in a designated Tier III area in the Upper or Lower Keys (not BPK/NNK). These also require a legally binding restrictive covenant limiting the number of dwelling units on the aggregated lots. This policy could be revised to encourage the aggregation of additional lots from any Tier designation. 5. If no additional permits are authorized after 2023, allow the transfer of dwelling units (market rate, affordable and transient) so that property owners with more than one lawfully established unit can move the additional units to another location. The County could consider allowing transfers from: a)site to site within a subarea in MC(Upper to Upper, Lower to Lower, BPK/NNK to BPK/NNK); b)between ROGO sub-areas;(Upper to Lower or Lower to Upper; BPK/NNK to BPK/NNK,Lower or Upper; BPK/NNK to BPK/NNK and Lower);and/or c)between jurisdictions(MC and cities). For example,a parcel owner with 2 or 3 lawfully established residential units may transfer l or 2 units to another vacant parcel,thereby reducing the need for a new ROGO allocation for those vacant parcels. 6. Re-designate and/or rezone land to commercial categories that do not allow residential use. The County could review existing mapping inconsistencies and consider re-designating certain lands, particularly along U.S.1, within a commercial category. 7. Continue land acquisition programs to purchase additional undeveloped parcels and re-evaluate land acquisition priorities to balance growth management, habitat protection, retirement of development rights, reduction of density & intensity, future build-out of the Florida Keys, climate change, sea level rise, affordable housing,etc. 8. Seek federal legislation to prohibit subsidized flood insurance for new development on vacant land containing suitable/critical habitat for federally listed species within Monroe County. 9. Exercise the power of eminent domain and directly condemn parcels to avoid acquisition costs or payment of takings compensation. 10. Purchase the tax certificates and tax deeds on property with delinquent real estate taxes. Requires coordination with the Monroe County Property Appraiser's Office and the Monroe County Tax Collector. 4IPage BOCC July 18 . 2013 ADDITIONAL COUNTY LAND ACQUISITION FUNDING STRATEGIES These strategies assume there ure willing sellers. 11. Increase the 1 cent Tourist Impact Tax.Currently 50%of the 1 cent tax is dedicated to land acquisition within the areas from which it is derived and used by MC Land Authority to purchase land for conservation or affordable housing. This tax is collected on hotel rooms rentals and other transient accommodations. 12. Dedicate 10% of current 1 cent infrastructure sales surtax (§ 212.055(2)(03., F.S.). Currently the County may designate 10%of this tax for"other purposes,"which could be for land acquisition. 13. Increase sales tax. Currently at 7.5%and dedicate 100%of the revenue generated by the increase to land acquisition. This tax is collected on all qualifying sales at the time of purchase. 14. Establish a special taxing authority, a dedicated revenue stream and corresponding bond issue, by referendum for an ad-valorem tax to be dedicated to land acquisition. 15. Explore a toll on US 1 with a portion of the funds generated to be used to fund acquisition, restoration and maintenance of conservation lands(similar to Alligator Alley toll for Everglade's restoration). 16. Work with non-governmental organizations, such as the Trust for Public Lands and the Nature Conservancy,to supplement governmental acquisition efforts. Further Details on County Land Acquisition FUNDING Strategies (#11-15 Above) Increasing Tourist Impact Tax—(Strategy#11) Currently, the 1 cent Tourist Impact Tax yields approximately $5.6 million annually. This amount is split between the general fund($2.8M) and the County Land Authority ($2.8M). Of the $2.8M that goes to the Land Authority,$1.2M is for MC outside Key West(along with$400,000 from state park surcharges)equaling$1.6M for MC,excluding Key West, and$1.6M goes to Key West. Of the approximate total revenue($1.6M)in the Florida Keys ACSC: • MC Land Authority has historically allocated 60% (approximately $900,000) to the acquisition of conservation land, with the remainder going towards purchase of parcels for affordable housing, or occasionally for active recreation areas in areas outside Key West. Of the approximate total revenue($1.6M)in Key West ACSC: • MC Land Authority has historically allocated 17% (approximately $270,000) to the acquisition of conservation land,with the remainder going toward affordable housing. If the County passed by referendum, after amending State legislation, an additional 0.5%to the Tourist Impact Tax and dedicated the full amount to land acquisition, this would yield an additional $2.8 million which could be split as follows: • The Florida Keys ACSC($602,000 [43%] additional);and • Key West ACSC($798,000 [57%]additional) [NOTE: An additional amendment to the state legislation would be needed in order to allow the additional 0.5%to be spent within the entire County,rather than the area from which the tax is derived.] TOTAL additional funds available of$2.8M, in addition to the$1.17M (900,000+270,000 historically allocated for the acquisition of conservation lands), equals$3.9M. If this was accomplished,the Land Authority would be able to generate the funds equal to the tax assessed value for the remaining 7,814 parcels within 80 years (see Table 3). Note: The overall tourist tax revenues collected on a tourist unit currently consist of a total tax of 12.5%(7.5%sales tax and 5% tourist impact tax) and if this strategy is implemented with an increase of 0.5% to the tourist impact tax, the total tax would be 13%(7.5%sales tax and 5.5%tourist impact tax). 5jPaee BOCC July 18 . 2013 Table 3: Vacant Parcels and Years to Acquire with an Increase to Tourist Impact Tax APPROXIMATE YEARS TO ANNUAL GENERATE THE NO. AVERAGE LAND VALUE BUDGET FOR FUNDS EQUAL AREA VACANT PARCEL (December 2012 LAND TO THE TAX PARCELS VALUE MC Property ACQUISITION ASSESSED Appraiser data) VALUE PARCELS TO $40,664 PURCHASE 7,814 (analysis assumes no $317,748,496 S 3,970,000 (COUNTYWIDE)* growth in propertyvalue over time) * The total vacant parcels (11,364) less the 3,550 allocations available results in 7,814 poi eels to purchase. At an average cost of$40,664 it will take MC 80 years to acquire these parcels utilizing $1.17M (900,000+270,000) + an additional $2.8M from 0.5%additional tourist tax if passed by referendum, after State Legislature authorization to hold a referendum, for a total of$3.9711 annually. Dedicating 10% of Current Infrastructure Sales Surtax (Strategy #12) One cent of sales tax produces the following revenue for the various entities: • $16,500,000—Unincorporated Monroe County(60%) • $ 1,700,000—Islamorada(6%) • $ 200,000—Key Colony Beach(0.72%) • $ 6,800,000—Key West(25%) • $ 50,000—Layton(0.18%) • $ 2,300,000—Marathon(8%) • $27,550,000—Entire county The BOCC can make a policy decision to allocate 10% of the amount of sales tax received for unincorporated Monroe County for land acquisition without a referendum or state authorization. This would result in an additional $1.65M annually toward this program. If this was accomplished, MC would be able to generate the funds equal to the tax assessed value for the remaining 7,814 parcels within 81 years(see Table 4). Table 4: Vacant Parcels and Years to Acquire with a Dedication of 10%of Infrastructure Sales Surtax APPROXIMATE YEARS TO ANNUAL GENERATE NO. AVERAGE LAND VALUE BUDGET FOR THE FUNDS AREA VACANT PARCEL (December 2012 LAND EQUAL TO THE PARCELS VALUE MC Property ACQUISITION TAX ASSESSED Appraiser data) VALUE PARCELS TO $40,664 PURCHASE 7,814 (analysis assumes no $317,748,496 $3,925,000 81* (COUNTYWIDE)* growth in property value over time) MC PARCELS TO $30,400 PURCHASE 6,198 (analysis assumes no $ 188,419,200 $2,550,001 74** growth in property value - -- - • - (UNICORPORATED)** over time) * The total vacant parcels(11,364)less the 3,550 allocations available results in 7,814 parcels to purchase. At an average cost of$40,664 it will take MC 81 years to acquire these parcels utilizing 1.17M (900,000+270,000) + an additional $2.755M from 10%of sales tax if authorized by Board of County Commissioners for a total of$3.925M. ** The total vacant parcels(8,168)less the 1,970 allocations available results in 6,198 parcels to purchase. At an average cost of$30,400 it will take MC 74 years to acquire these parcels utilizing $900,000 + an additional$1.65Mfrom 10%of sales surtax if authorized by Board of County Commissioners for a total of$2.55M. Wage BOCC July 18 . 2013 • Increasing Sales Tax (Strategy #13) One cent of sales tax produces the following revenue for the various entities: • $16,500,000—Unincorporated Monroe County(60%) • $ 1,700,000—Islamorada(6%) • $ 200,000—Key Colony Beach(0.72%) • $ 6,800,000—Key West(25%) • $ 50,000—Layton(0.18%) • $ 2,300,000—Marathon(8%) • $27,550,000—Entire county If the County passed by referendum, after legislative authorization, adding an additional 1 cent sales tax, an additional $27,550,000 could be available County-wide toward this program. If this was accomplished, MC would be able to generate the funds equal to the tax assessed value for the remaining 7,814 parcels within 11 years(see Table 3). Table 5: Vacant Parcels and Years to Acquire with an Increase in the Sales Tax YEARS TO APPROXIMATE ANNUAL GENERATE NO. AVERAGE LAND VALUE BUDGET FOR THE FUNDS AREA VACANT PARCEL (December 2012 LAND EQUAL TO PARCELS VALUE MC Property ACQUISITION THE TAX Appraiser data) ASSESSED VA LUE PARCELS TO $40,664 PURCHASE 7,814 (analysis assumes no $317,748,496 $28,720,000 1 1* (COUNTYWIDE)* growth v property value over time) MC PARCELS TO $30,400 PURCHASE 6,198 (analysis assumes no $ 188,419,200 $ 17,400,000 11** (UNICORPORATED)** growth inproperly)value overrtime) * The total vacant parcels(11,36.1)less the 3,550 allocations available results in 7,814 parcels to mollusc .it an average cost of$40,664 it will take MC 11 years to acquire these parcels utilizing $1.17M (900,000+270,000) + an additional $27.5M from additional I cent sales tax if authorized by Board of County Commissioners and State of Florida and passed by voters for a total of$28,720,000. ** The total vacant parcels(8,168)less the 1,970 allocations available results in 6,198 parcels to purchase. At an average cost of$30,400 it will take MC 11 years to acquire these parcels utilizing $900,000 + an additional$16.5Mfrom 10%of sales tax if authorized by Board of County Commissioners for a total of$17.4M. Special Taxing Authority(Strategy#14) Establishing a County-wide Environmental Land Acquisition Ordinance contingent upon adopting an ad valorem tax designated specifically for the purchase and management of conservation lands would generate additional revenue for land acquisition. This option has had wide application in Florida, with 20+ Counties and 20+municipalities adopting an environmental lands program based on this model. Each community has adopted programs tailored to their specific needs and voter preferences. As can be seen in Table 6 below, some have established specific revenue caps, while others have established a time frame with no revenue cap. In addition, some of the Counties elected to bond the cap amount(Osceola, Lee and Volusia)and use the tax to pay for the bonds. 71Page BOCC July 18 . 2013 Table 6: Summary of Ad Valorem Tax Initiatives COUNTY YEAR ADOPTED MILLAGE RATE TOTAL REVENUE TERM LAKE 2004 0.33 $36 MILLION(cap) 5 YRS(bond issue) LEE 1996 0.5 $400 MILLION ANNUAL RENEWAL MIAMI-DADE 1990 0.75 $90 MILLION 2 YRS OSCEOLA 2004 0.25 $60 MILLION(cap) 20 YRS(bond issue) VOLUSIA 2000 0.20 $40 MILLION(cap) 20 YRS(bond issue) Process for Establishing Countywide Taxing Authority by County Although the enabling legislation and implementation may vary, in general, the process followed by the majority of jurisdictions researched has been: 1) Formation of a grass-roots citizens group to highlight and support the issues, initiated by residents or by the County(for example:via contracting with an organization such as The Trust for Public Lands,etc.) 2) BOCC passes enabling legislation purchase program and proposed tax 3) Voter approval referendum for ad valorem tax for purchases or bond issue 4) BOCC adopts conservation land selection standards 5) BOCC approves funding for either or both a) A bond issue to borrow funds for purchase b) Establishing a Conservation Land Fund to purchase as revenue is collected Approximate Annual Revenue from Special Taxing Authority According to data from the Monroe County Property Appraiser (MCPA), the total taxable value for real property in the Florida Keys (unincorporated and incorporated) in 2012 was approximately $18,691,323,445. Using this value, the table below depicts approximate annual revenues associated with a range of millage rates and the time in years to acquire all privately owned vacant parcels, after ROGO allocation through the year 2023. Table 7: Summary of Potential Revenue Generation&Acquisition Timeframe ANNUAL REVENUES TOTAL TAXABLE VALUE(MCPA-2012) 0.75 MIL 0.50 MIL 0.25 M I L $ 18,691,323,445 $ 14,018,492 $9,345,661 $4,672,830 POTENTIAL LIABILITY AFTER YEARS TO GENERATE THE FUNDS EQUAL TO ALLOCATIONS THE TAX ASSESSED VALUE $317,748,496 23 34 6: Toll on US 1 (Strategy#15) Seek and support Federal and State legislation that would authorize the imposition of a toll on U.S. 1. This strategy would require a change to existing legislation that authorizes the expenditure of tolls paid for use of Alligator Alley for acquisition, restoration, and maintenance of conservation lands in the Everglades to include an authorization for land acquisition in the Keys. Alternatively, entirely new legislation could be sought. Prior discussions with state and federal officials exploring the possibility of imposing a toll on U.S. 1 as a means of raising money to fund wastewater have conclusively demonstrated that any such effort would require state and federal legislation. Wage BOCC July 18 . 2013 Summary of Additional County Land Acquisition Funding Strategies In summary, with the 3,550 ROGO allocations recently awarded by the State of Florida, it may take MC up to 272 years to generate the funds equal to the tax assessed value for the remaining 7,814 privately owned vacant parcels in the Florida Keys (Cities and County - Table 2, Page 3), based upon the average 2012 property values and the current funding levels. To continue to preserve the County's quality of life and reduce the potential takings claims against the State and the County, which would ultimately be paid by the taxpayers, the remaining vacant, privately owned parcels (7,814), at a total value of$317,748,496 (based on average 2012 parcel value)may need to be addressed by a combination of policy and funding strategies. Staff has outlined five (5) possible funding strategies (from the above list of strategies) that would create additional revenues to pursue land acquisition. Each one has pros and cons and requires extensive administrative achievements, including changing state law and/or approval by voter referenda. The following table highlights the various time periods it would take to generate revenue, based on today's dollars, given revenue estimates that could be achieved. Table 8: Summary of Potential Revenue Generation of Various Strategies&Acquisition Timeframe Annual Revenue Toward Land Based Upon Today's Dollars Strategy Acquisition Years To Generate The (Countywide) Funds Equal To The Tax Assessed Value Historic Status Quo (50% of tourist impact tax and revenue from park entrances— $ 1,170,000 allocated at the historic rates for the (estimated based on historic rates) 272 acquisition of conservation lands) Additional revenue Total revenue 11. Increase the Tourist Impact tax $ 2,800,000 $ 3,970,000 80 12.Dedicate 10%of current $ 2,755,000 $ 3,925,000 81 infrastructure sales tax 13. Increase sales tax $27,550,000 $28,720,000 11 , 14. Establish a taxing authority 0.75 MIL $ 14,018,492 $15,188,492 21 0.50 MIL $ 9,345,661 $10,515,661 30 0.25 MIL $ 4,672,830 $ 5,842,830 54 15.Toll on US 1 TBD TBD TBD Note: . The analysis in this paper is limited to lox assessed q �„ value of parcels and does J not consider:the future 0 willingness of owners to ,.r. \'1 I sell;if the value assumed _______________________ �y 1 • .. will he equal to the acquisition price; �� .. _l•.. - sufciencyoffunds;if the ' ' parcels have a ' . marketable title;the • _.0:..—. suitability gf public ownership for certain r ft` r , r ..,_ -? • _.'d w .— parcels:the feasibility and costs of-managing - parcels;etc. ; . 46. 4.11 9IPage BOCC July 18 . 2013 MONROE COUNTY #, THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN BUILD-OUT CHALLENGES FACING THE FLORIDA KEYS the Potential-Price el-Preserving Paradise... ISSUE The State of Florida and Monroe County could face significant legal liability due to the large number of undeveloped privately owned parcels in the Florida Keys Area of Critical State Concern(ACSC)as compared to the 10-year allocation of new residential building permits approved by the State. REQUEST To reduce this potential liability, Monroe County, as a State designated ACSC, is requesting the Board of Trustees of the Internal Improvement Trust Fund to: • Fully fund the Florida Keys Ecosystem project ($38M) within the Acquisition and Restoration Council (ARC)2013-2014 Interim Work Plan. • Add the Coupon Bight/Florida Key Deer project ($9M) and the North Key Largo Hammocks project ($5M)to the ARC 2014-2015 Interim Work Plan. • Evaluate additional parcels in the Keys for inclusion in the Florida Forever Program. Total funding request of$248M for unincorporated County and$462M Countywide(County and municipalities). The Florida Keys are designated as an Area of Critical State Concern(ACSC) by the State Legislature in 1979, in part of the State's recognition of the unique habitats of the Keys and the need for their protection, and designated the Florida Keys. As required by the State of Florida, Monroe County (MC) implemented a Rate of Growth Ordinance(ROGO) in order to provide for the safety of residents in the event of a hurricane evacuation and to protect the significant natural resources of the Florida Keys. ROGO established a competitive permit allocation system whereby those applications with the highest scores are awarded building permits. The State of Florida allows issuance of 197 building permits per year for new residential development (Rule 28-20.140, F.A.C.), within unincorporated MC. In 2012, pursuant to Rule 28-20.140, F.A.C., the Department of Economic Opportunity (DEO) completed the hurricane evacuation clearance time modeling task and found that with 10 years' worth of building permits,the Florida Keys would be at a 24 hour evacuation clearance. Based upon the resulting 24 hour evacuation clearance, DEO determined the remaining allocations for the Florida Keys (3,550 additional permits countywide). In March 2013, the Governor and Cabinet, sitting as the State Administration Commission, approved the recommendation to allocate 10 years' worth of growth (197 x 10 = 1,970 permits)to MC while maintaining an evacuation clearance time of 24 hours, through the year 2023. There are 8,168 privately owned vacant parcels (minimum value of$248,314,487) in unincorporated Monroe County. With just 197 permits per year, it would take over 41 years' worth of annual allocations (at the current rate of 197) to absorb these parcels. On the current projected path without any policy changes, this may result in a balance of 6,198 privately held vacant parcels at risk of not obtaining permits in the future (minimum value of $188,424,716). When factoring in parcels located within the incorporated municipalities, the potential future balance of vacant parcels is 7,814 with an estimated assessed value of over $317M. This deficit of building permit allocations could trigger takings suits against both the State and MC, if no additional permits are allowed beyond the year 2023. Monroe County is seeking assistance from the State to re-initiate a long term acquisition strategy in the Florida Keys aimed at preserving conservation land and reducing the total inventory of privately owned vacant land. 11Page Monroe County —October 2013 Inventory of Vacant Parcels in Florida Keys and Approximate Land Value APPROXIMATE ESTIMATED YEARS TO AVERAGE LAND VALUE FUNDING GENERATE ( AREA NO.VACANT PARCEL (December 2012 Based on Historic FUNDS EQUAL PARCELS VALUE*** MC Property Rates For Acquisition TO THE TAX Appraiser data) of Conservation Lands ASSESSED VALUE Key West ACSC* 104 $355,045 $ 36,924,754 $270,000 137 Unincorporated MC 8,168 $ 30,400 $248,314,487 276$ Marathon 1,680 $ 49,845 $ 83,740,226 93$ Layton 34 $ 51,080 $ 1,736,724 $900,000 2 4) Key Colony Beach 109 $129,746 $ 14,142,347 16$ Islamorada 1,269 $ 60,877 $77,253,680 86$ TOTAL PARCELS 11,364- $40,664 $462,112,218 TOTAL 3,550 3,550 County wide including cities,with 1,970 units for unincorporated MC ALLOCATIONS PARCELS TO PURCHASE 7,814 $40,664*** $317,748,496 $ 1,170,000 272** (COUNTYWIDE)** * The Monroe County Land Authority has historically allocated approximately 18% ($270,000/yr) of the Key West ACSC portion of tourist impact tax revenue to the purchase of conservation and recreation lands. The remainder of Key West ACSC tourist impact tax revenue has been allocated for the purchase of affordable housing sites. ** The total vacant parcels(11,364)less the 3,550 allocations available results in 7,814 parcels to purchase. At an average cost of$40,664 it will take MC 272 years to acquire these parcels utilizing$1.17M(900,000+270,000). *** This analysis assumes no growth in property value over time. Note property values could change exponentially. Land values for each jurisdiction are divided by the$900,000 estimated funding figure. STATE OF FLORIDA LAND ACQUISITION PAST & PRESENT In recognition of its unique environment, public agencies at all levels (Federal, State and Local) have aggressively pursued acquisition of conservation land throughout the Keys (Exhibit 1). The State of Florida has invested significant resources in MC throughout the past 45 years. Unfortunately, State funding has not been available for the Division of State Lands to continue its partnership with MC and purchase additional preservation and conservation lands in the Keys since 2009. Past State of Florida Division of State Lands Acquisition Strategy in Monroe County State of Florida Total Total Land Acquisition Programs Years Number of Acres Total Cost Transactions Land Acquisition Trust Fund 1966- 1979 100 1623.42 $ 12,097,641 Conservation&Recreation Land(CARL) 1982 - 1993 143 3028.64 $ 74,669,999 Trust Fund Save Our Coast Trust Fund 1983 - 1993 4 39.03 $ 2,400,000 Preservation 2000(P-2000)Trust Fund 1993 -2002 798 3689.1 $ 73,687,905 Florida Forever Trust Fund 2002-2009 808 1192.45 $ 77,502,431 ! 1853 9572.64 $ 240,357,976 j Note: The analysis in this paper is limited to tax assessed value of parcels (December 2012 MC Property Appraiser data)and does not consider:the future willingness of owners to sell; if the value assumed will be equal to the acquisition price;sufficiency of funds;if the parcels have a marketable title;the suitability of public ownership of certain parcels;the feasibility and costs of managing parcels;etc. 2IPage Monroe County —October 2013 MC has developed maps and data which depict private, vacant parcels within the three Florida Keys Florida Forever project boundaries (Exhibit 1). We are requesting several actions as a designated Area of Critical State Concern to revitalize and maintain our partnership with the State of Florida in the area of land acquisition for preservation, conservation and growth management to ensure the 24 hour hurricane evacuation clearance time is maintained. In April 2012, the Board of Trustees of the Internal Improvement Trust Fund approved the Florida Forever Priority list for land acquisition projects. Three of the approved Climate Change Lands (CCL) Projects are in the Florida Keys, including the top-ranked project in the category, the Florida Keys Ecosystem project. Also within the CCL Projects are the 3rd and 6th ranked projects, the North Key Largo Hammocks project and the Coupon Bight/Key Deer project. Both the Florida Keys Ecosystem Project and the Coupon Bight/Key Deer project remain on the 2013 ARC recommended acquisition list and are ranked 1st and 5th respectively; however, ARC did not include these two projects in the 2013-2014 Interim work Plan. As originally adopted,these three Florida Keys CCL Projects(Exhibit 2)consisted of over 147,780 acres. In the 2012 Florida Forever project update, the Division of State Lands showed 11,076 acres remaining to be purchased with a cumulative tax assessed value of$52,675,638. Specifically,MC requests assistance and support in items outlined below: 1. Florida Forever Land Acquisition Monroe County recognizes there are Florida Keys lands listed in the Board of Trustees Florida Forever list that was approved on April 24, 2012. Existing Florida Forever projects in the Florida Keys consist of the following Climate Change Lands(CCL)projects: Florida Forever Projects in the Florida Keys(DEP data) PROJECT NAME CATEGORY REMAINING ASSESSED [RANK] ACRES* VALUE* Florida Keys Ecosystem CCL [1] 8,571 $38,187,008 Coupon Bight/Key Deer CCL [5] 1,641 $9,142,863 North Key Largo Hammocks** CCL [3] 864 $5,345,767 Total $52,675,638 *As listed in the ARC Final Recommended 2013 Priority list December,2012 **The North Key Largo Hammocks project data is from the April 2012 Five Year Plan. This project was not included in the ARC recommended priority list or the Interim Work Plan for 2013-2014. As the importance of acquiring these lands for conservation has already been established, MC is requesting the following actions: a) Based on the established ecological significance and the role of these ecosystems in response to Climate Change, we are requesting the Board of Trustees to fully fund the Florida Keys Ecosystem project in the 2013-2014 Interim Work Plan. b) Request for ARC to add the Coupon Bight/Key Deer and North Key Largo Hammocks projects to their Interim 2014-2015 Florida Forever Work Plan for Land Acquisition. c) ARC and the Department of Environmental Protection evaluate additional Monroe County lands for inclusion in the Florida Forever. The County is willing to attend the December 12 & 13 ARC meeting to formally request the inclusion of these projects. Monroe County is home to 10 federally endangered species with eight additional species being proposed for listing under the Endangered Species Act over the next 2 years. d) The Governor and Cabinet, sitting as the Board of Trustees of the Internal Improvement Trust Fund, approval of the list of priorities with the inclusion of the Monroe County lands in the 2013-2014 list. 3IPage Monroe County —October 2013 AVERAGE PARCEL APPROXIMATE LAND VALUE AREA NO. VACANT PARCELS VALUE*** (December 2012 MC Property Appraiser data) Key West ACSC* 104 $355,045 $ 36,924,754 Marathon 1,680 $ 49,845 $ 83,740,226 Layton 34 $ 51,080 $ 1,736,724 Key Colony Beach 109 $129,746 $ 14,142,347 Islamorada 1,269 $ 60,877 $ 77,253,680 Unincorporated MC 8,168 No Tier(ORCA, etc.) 235 oo ` Tier 1 3,979 $ 30,400 $ 248,314,487 Tier II 393 2, Tier III-A 260 Tier 111 3,301 TOTAL PARCELS 11,364 $40,664 $ 462,112,218 TOTAL ALLOCATIONS 3,550 3,550 County wide including cities, with 1,970 units for unincorporated MC PARCELS TO PURCHASE (COUNTYWIDE)** 7,814 $40,664*** $317,748,496 APPROXIMATE ESTIMATED YEARS TO NO. VACANT AVERAGE LAND VALUE FUNDING GENERATE THE AREA PARCELS PARCEL (December 2012 Based on Historic Rates FUNDS EQUAL TO VALUE*** MC Property Appraiser For Acquisition of THE TAX data) Conservation Lands ASSESSED VALUE Key West ACSC* 104 $355,045 $ 36,924,754 $ 270,000 137 Marathon 1,680 $ 49,845 $ 83,740,226 93 4) Layton 34 $ 51,080 $ 1,736,724 2 + Key Colony Beach 109 $129,746 $ 14,142,347 16 4' Islamorada 1,269 $ 60,877 $ 77,253,680 $ 900,000 86 4' Unincorporated MC 8,168 No Tier(ORCA, etc.) 235 oo r 42 Tier! 3,979 $ 30,400 $ 248,314,487 276 4' e a ?)' Tier 1I 393 . a a. Tier 111-A 260 Tier III 3,301 TOTAL PARCELS 11,364 $40,664 $ 462,112,218 TOTAL ALLOCATIONS 3,550 3,550 County wide including cities, with 1,970 units for unincorporated MC PARCELS TO PURCHASE 7,814 $40,664*** $317,748,496 $ 1,170,000 272** (COUNTYWIDE)** * The Monroe County Land Authority has historically allocated approximately 18%($270,000/yr) of the Key West ACSC portion of tourist impact tax revenue to the purchase of conservation and recreation lands. The remainder of Key West ACSC tourist impact tax revenue has been allocated for the purchase of affordable housing sites. ** The total vacant parcels(11,364) less the 3,550 allocations available results in 7,814 parcels to purchase. At an average cost of$40,664 it will take MC 272 years to acquire these parcels utilizing$1.17M(900,000+270,000). *** This analysis assumes no growth in property value over time. Note property values could change exponentially. 4 Land values for each jurisdiction are divided by the$900,000 estimated funding figure. MONROE COUNTY ' 9- THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN ISSUE As a State of Florida designated Area of Critical Concern, Monroe County must follow and be consistent with the Principles for Guiding Development(PGD) in Section 380.0552(7), F.S., including PGD(h)"Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed major public investments, including: Key West Naval Air Station and other military facilities." To implement this PGD, there is need to aggressively acquire vacant privately owned land to address critical growth management issues and to eliminate potential encroachment threats to Naval Air Station Key West(NASKW). REQUEST Monroe County (MC) requests that the Florida Defense Task Force work with the County to develop an acquisition list of private vacant land within the County's NASKW Military Installation Area of Impact(MIAI) overlay that is not included within a Florida Forever project, for coordination for the exact buffer land to be acquired. MC also requests DEO include private,vacant parcels within the NASKW MIAI on the annual list for submittal to the Board of Trustees of the Internal Improvement Trust Fund. Land Acquisition within NASKW Military Buffer Lands In May 2012, the County adopted Military Compatibility criteria in the Comprehensive Plan, as required by Sections 163.3177 and 163.3175, F.S., to address the compatibility of lands adjacent to or closely proximate to military installations after working closely with NASKW (DEO issued a Notice of Intent to find the amendments in compliance"). In summary,the Comprehensive Plan includes: • Recognize existing property rights (density, intensity and land use established by the Future Land Use Element and Future Land Use Map based upon the standards existing on the effective date of these amendments)within the newly created Military Installation Area of Impact(MIAI)overlay to the FLUM • Facilitate the exchange of information between Monroe County and Naval Air Station Key West (NASKW). • Demonstrate areas where development within those areas may create encroachment/compatibility issues with the NASKW On June 27, 2013, Governor Scott approved Senate Bill 1784 (Ch. 2013-222, L.O.F.) which amended Section 253.025 F.S., authorizing the Board of Trustees to acquire non-conservation lands to eliminate encroachment threats to military installations. Senate Bill 1784 also amended §288.980 F.S., allowing the DEO to annually submit a list of non-conservation lands to the Board of Trustees. There are approximately 519 privately owned,vacant parcels(with an assessed value of$36,065,090)within the County's adopted MIAI area (Table 1) which are not included within the project limits of the Florida Keys Florida Forever Projects(see Exhibit 1). MC requests that the Department of Economic Opportunity(DEO)and the Florida Defense Support Task Force assist in identifying the appropriate parcels for acquisition and recommend to the Board of Trustees the prioritization and acquisition of vacant, privately owned lands within the MIAI,for the purpose of buffering the NASKW Military Installation in accordance with §253.025 F.S.. All Florida Forever MIAI & MIAI (Outside FF) Private Vacant Parcels 8,168 45 519 Private Vacant Parcels(Acres) 8,722.73 420.72 532.17 Private Vacant Parcels $248,314,487 $109,854 $36,065,090 (2012 Assessed Value) Alicia Roemmele-Putney 2150 No Name Drive No Name Key, FL 330+3-5202 (305) 872-8888 — Home (305) 30+-9212 — Cell January 30, 2019 BOCC Special Meeting Marathon,Florida,Agenda Items B-1,B-2 and B-3 ROGO Workshop -Direction to Staff Background: The 1986 Comprehensive Plan addressed the great potential for loss of life and property damage from hurricanes and the difficulties of evacuation to safe shelters. The 1986 Plan reported that evacuation to adequate shelters in Dade County would require a clearance time of 34 hours. In 1991,while we were writing our second Comprehensive Land Use Plan, an Interim Development Agreement was passed by the BOCC as an emergency measure to slow down growth until the County could get a handle on this life-threatening situation. In 1992, after a series of workshops,the BOCC passed what became known as the Rate of Growth Ordinance,which was based on public input, staff recommendations and the direction of the County's Consultants WRT. The 300 Units: The 1992 Rate of Growth Ordinance is the backbone of growth management in the Keys and needs to be protected.Accepting 300 additional ROGO allocations will open the door to uncontrolled growth by destroying the heretofore legally defensible position of the Rate of Growth Ordinance and will worsen the current tenuous safe evacuation of the Florida Keys. The concept that all visitors, mobile home dwellers and the military will have 48 hours of notice of a major storm is a far too dangerous policy to begin with, and,the concept of expanding this early evacuation policy with newly created ROGO units flies in the face of reason and logic.Why do something that will decrease the safety of resident and visitors of the Florida Keys? It is simply a bad idea,which should be rejected. Extension of ROGO Allocations: The Rate of Growth Ordinance is a known entity. But,what happens when we reach build- out is a completely unknown situation? The only prudent choice is to extend the ROGO allocations we have for as long as it is feasible. The 1992 Rate of Growth Ordinance reduced the historic rate of growth in Monroe County by a little more than half(from 552 single family residential units per year to 255 single family residential units per year). We could make an even more drastic reduction right now in 2019. A reduction greater than fifty percent would extend the ROGO beyond 2026 and give the County even more time to work out the necessary funding and acquisition schedules with all three levels of government. Please give serious thought to this concept. Thank you. 4 i_ l� 744 LAST STAND protecting t e keys Last Stand Comments to BOCC about ROGO Allocations, January 30, 2019 Last Stand urges you to not accept the 300 additional ROGOs and to extend the present ROGO allocations to 2026. Last Stand believes the existing ROGO system is reasonable, fair, and legally defensible. However, we believe accepting the offered additional 300 ROGO units would jeopardize public safety, exceed carrying capacity levels, and expose the County to a barrage of legal challenges. The foundation of the ROGO system is safe evacuation of permanent residents in the event of an approaching hurricane. There is well-documented, scientific basis for the established numbers, providing safe evacuation for all permanent residents. In contrast, the offered 300 ROGO units sound good, but there is no scientific basis for their acceptance. The offer comes with a requirement which cannot be enforced: namely, early evacuation. Our recent experiences with Hurricane Michael in 2018 and Hurricane Harvey in 2017 have shown very clearly that we cannot depend on a prediction window of 48 hours prior to landfall of a big storm. And this disturbing fact means many lives could be lost, should the BOCC decide to ignore established development limits connected to safe hurricane evacuation as reflected in our current ROGO. For almost three decades, the BOCC has worked to craft Growth Management regulations and programs to support reasonable development in our islands, all while honoring private property rights, keeping legal challenges at bay, and protecting our unique environment (which is essential to maintaining quality of life for residents and sustaining the tourism economy). Last Stand believes acceptance of the 300 ROGO units would result in three adverse situations: Placing existing residents at risk for hurricane evacuation; Placing additional stress on already-burdened infrastructure and our fragile environment; and Opening the County to a barrage of legal challenges. PO Box 146, Key West, FL 33041-0146 www.keyslaststand.org info@keyslaststand.org ,$ Last Stand Comments to BOCC about ROGO Allocations, January 30, 2019 Page 2 Shifting to the critical issue of making our existing ROGO allocations last longer, Last Stand supports the proposal to extend the current ROGO allocations by three years to 2026. To do so would demonstrate good faith with the state and provide more time to establish trust and negotiate an effective, comprehensive land acquisition funding partnership. Last Stand urges you to reject the offer of 300 additional ROGO units and to extend the allocation window for current ROGOs to 2026. Thank you for the opportunity to present our position. HOME ABOUT CAREERS PRESS CONTACT SUBSCRIBE NEWS OF THE NEAR FUTURE .Facts of Today Programs Initiatives )Experts )Publications slogs >Events )Media )Support HUNDREDS DIE AND THOUSANDS About NEWS OF THE NEAR FUTURE This is not an actual news report. It is, STRANDED AS HURRICANE SALLY (however.a realistic scenario based t)r on reports by hurricane forecasting SURPRISES THE FLORIDA KEYS experts about their inability to reliably forecast rapid intensification of tropical storms, and(2)expert computer Thursday, 8 2022 modeling of the Florida Keys 48-hour, Septembertwo phase evacuation plan. It was BY SAMUEL DORIGHT prepared for illustrative purposes on behalf of At 3:00 a.m.on Labor Day,Hurricane Sally walloped the Villages of Islamorada in Friends of the Lower Keys(FOLKs). the Florida Keys with 150 mph winds and a 6-foot storm surge. Making landfall only 24 hours after the first warning of a major hurricane,324 persons died as they were swept from their stalled cars on portions of the roadway only 1 foot above sea level. US I was clogged with cars and passengers for 80 miles while most of those . evacuating were forced to ride out the storm in their cars. With the washout of several low lying bridges,emergency food,water,and fuel for generators are being flown in. The humanitarian effort to serve the tens of thousands of people who could not evacuate is unprecedented in the US. "I'm devastated,"said County Commissioner Ostrich."Just like Harvey and Michael,Sally ' • was only a tropical storm 48 hours before she hit. Why did we ignore all of the warnings • ': _ about the perils of counting on 48 hours'notice to implement our phased evacuation plan?" _r 1 ., "It couldn't have come at a worse time,"said County Mayor Manatee. "This is the busiest weekend of the hurricane season with 95% occupancy in the hotels and many second homeowners in town." _ "48 hours ago we had no idea this was coming. Given our full hotels and only 24 hours' 1.J. 4 notice that this was going to be another big one,we told our guests to stay in their rooms, i ---at { not to try to evacuate,because we knew the roads wouldn't handle them. For now we have food and fuel for the generators,but what happens in a few days?" said Resilient Key West Innkeeper. - `"Atlantic Council Village Hospital Medical Director, Isabelle Importanto, told RAPID INTENSIFICATION OF HURRICANES NNF, "Nobody listened when experts told the County WINDSPE Commission that we couldn't bring more housing units to the lb. (MPH Keys because we couldn't get that many more people out in time." Cf►T+ ,. 2c "We still have significant difficulty in forecasting rapidly CAT 3 intensifying and rapidly weakening storms," observed Dan C.AT 2 Brown,Meteorologist in charge of Warning Coordination at the B° NHC.*\\ — MICHAEL(2018) "It's a forecaster's worst nightmare,"say Dr.Kerry Emanuel,a —MARIA 1 '0 HARVEY professor of atmospheric sciences at the Massachusetts Institute (20(2017) P — SANDY(2012) of Technology,"to go to bed one evening with a tropical storm —KATRINA(200S) 0 somewhere in the Gulf of Mexico and wake up the next morning '°' uo % " LANDFALL 24 with a Category-4 storm just about to make landfall."** HOURS UNTIL/AFTER LANDFALL 'Page 29 https://www.nhc.noaa.gov/outreachbresentations/NHC2017 IntensityChallenges.odt htips://www.atlanticcouncif orgaIogs new-atlantiCistkap i intensification-of-hurricanes athreat-that-re res-resit ent-resp°nse&r•https//www sciencemap.org/news/2018/10/why-scientists-had-Vouble-oredicting. hurricane-michael-s-rapid-intensification Help stop this dangerous scenario Email your County Commissioners and tell them Just Say NO to 1300 more ROGOs! More info and BOCC email contacts at: www.friendsofthelowerkeys..org B