Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Item B3
County of Monroe Ot� BOARD OF COUNTY COMMISSIONERS 1t Mayor Sylvia Murphy, District 5 The Florida Keys Mayor Pro TernDanny Kolhage, District 1 J c„ Michelle Coldiron, District 2 v' Heather Carruthers, District 3 David Rice, District 5 County Commission Meeting January 30, 2019 Agenda Item Number: B.3 Agenda Item Summary #5160 BULK ITEM: No DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Emily Schemper (305) 289-2506 No AGENDA ITEM WORDING: Discussion and direction regarding existing and potential actions, policies and programs to address exhaustion of ROGO allocations and build out of the Florida Keys as of 2023 with a substantial number of platted lots remaining ITEM BACKGROUND: The Monroe County Planning & Environmental Resources Department is requesting direction from the Board of County Commissioners (BOCC) regarding existing and potential actions, policies and programs to address issues the County will face as we approach buildout and run -out of ROGO allocations, currently set for the year 2023. The number of ROGO allocations the County receives from the State of Florida is directly related to the ability to evacuate the Keys in an approaching hurricane. State law and policy mandates the ability to evacuate within a 24 hour time period. Attached are white papers from July, 2013, outlining the current challenge. Based on data from 2012, the unincorporated County, after utilizing all ROGO allocations granted by- the DEO as of 2023 would have 6198 vacant privately owned lots, with close to 3000 of those being located in Tier III, which has been designated as appropriate for development in the Comprehensive Plan. i Table 1: Analysis of Vacant Parcels in Unincorporated Monroe County, Florida TIER NUMBER OF VACANT PARCELS YEARS TO ALLOCATE PERIHTS THEORETICAL �L4X]]%1UM DE-NSI Y** No Tier (ORCA, etc. 235 766 Tier I 3,979 4,806 Tier H 393 590 Tier III -A 260 553 Tier III 3.301 5,048 TOTAL 8.1 W 41.5 11,763 TOTAL ALLOCATIONS 1.910 POTENTIAL LuBmay 6.198- *.4mines one (I) imit per parcel and does not take into accoimt additional densin, potential. ** Theoretical density analisis is based on acreage nwittplied b}• the mai�iinuin allocated residential density for each FLUM categon. Ibis data is prortded for illustrate e purposes onh•,- conditions specific to the indawhial parcel, includtng pinstcal stye, environmental sensittvity; -oning and tier designation and other regularon constraints, such as ROGO are the final determinant of development potentiaLl Staff have developed ideas for policy changes to alleviate potential takings liability, if and when the DEO is no longer able to award ROGO allocations to the County. In separate agenda items, the BOCC will consider: (1) extending the Rate of Growth Ordinance (ROGO) allocation distribution schedule consistent with Comprehensive Plan Policy 101.3.2 and (2) the State's workforce affordable housing initiative. However, this issue still remains. The purpose of this item is to discuss other existing and potential actions, policies and programs. PREVIOUS RELEVANT BOCC ACTION: 2012: The County entered into a Memorandum of Understanding (MOU) with the Department of Economic Opportunity (DEO), the Division, Marathon, Islamorada, Key West, Key Colony Beach and Layton which provided the distribution of allocations among the local governments based upon a vacant land analysis. April 13, 2016: The County adopted Comprehensive Plan Policy 101.3.2. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Discussion and direction on existing and future actions, policies and programs presented. DOCUMENTATION: ROGO _ idea _Table_01.16.19 MC SLR 1 ft MC SLR 2ft MC_SLR _3ft 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: Grant: County Match: Insurance Required: Additional Details: REVIEWED BY: If yes, amount: Emily Schemper Completed Assistant County Administrator Christine Hurley 01 / 17/2019 9:22 AM Bob Shillinger Completed Steve Williams Skipped Maureen Proffitt Skipped Budget and Finance Completed Maria Slavik Completed Kathy Peters Completed Board of County Commissioners Pending 01/16/2019 2:29 PM Completed O1/17/2019 11:11 AM 01/16/2019 4:22 PM 01/16/2019 4:23 PM 01/17/2019 12:13 PM 01/17/2019 12:19 PM 01/17/2019 12:47 PM O1/30/2019 10:00 AM Program/Idea I Description Funding CP/LDC Section Required (Yes/No) Exlstin PoI and PrWroms 1. Less Than Fee Program The Monroe County Commission has limited residential building permits It can issue to those seeking to build a house on a vacant lot. In order to eliminate potential residential building rights on vacant land that would otherwise affect our environment, roads and hurricane evacuation, staff. the County Commission created a voluntary program to retire building rights called the 'Less than Fee" (LTF) program. For residential property Bob Shillinger owners that own an adjacent vacant lot, the County will purchase the right to build a house on the vacant lot. This willing seller program would Charles Pattison allow owners to retain ownership of their vacant lot and use it for legally allowed accessory uses like a pool, open yard or garage in exchange Mark Rosch for selling the right to build a home on that lot. The offer price for the residential building right on the adjacent lot is the current Market Land Yes Cynthia Guerra Value (MLV) as calculated by the Monroe Property Appraiser. Under the Florida Constitution, the Property Appraiser is independent from the County Commission and is elected by the voters of Monroe County. The County will offer to pay 100% of the MLV provided that the owner agrees to a deed restriction permanently retiring the right to build a home on the vacant lot in perpetuity. CP 101.6.4 2. ROGO Points — 2a. Land dedication Monroe County offers +0.5 to +5 ROGO points to applicants who propose to voluntarily dedicate vacant, buildable land for the purposes of conservation, resource protection, restoration or density reduction and, if located in Tier III outside of Special Protection Areas (SPA), for the LDC 138-28(a)(5) Staff purpose of retirement ofdevelopment rights or providing land for affordable housing where appropriate. No Emily Schemper Monroe County offers +3 to +6 ROGO points to applicants who propose to voluntarily aggregate parcels for the purpose of density reduction 2b. ROGO Points CP Policy 101.6.4 Land aggregation through the retirement ofdevelopment rights. Any lots/parcels that are aggregated require a legally binding unity of title or restrictive covenant, LDC 138-28(a)(4) running in favor of, and enforceable by, the County. No staff., Emily Schemper I LDC 130-160 3. Transfer of Development _ The transfer of development rights is a zoning technique that encourages the voluntary transfer of development rights (density) by directing Rights TDRs g ( ) development parcels sender sites, p p ( typically environmentally sensitive) to other parcels deemed to be more appropriate by offering increased density on designated parcels (receiver sites). This mechanism works to protect environmentally sensitive land while maintaining No Staff.• property owners' development rights. Emily Schemper Monroe County maintains a program that allows for the off -site transfer (from an eligible sender site to an eligible receiver site) of lawfully 4. Transfer of ROGO CP Policy 101.6.8 Exemptions (TREs) established dwelling units, hotel rooms, campground/RV spaces and/or mobile homes within the same planning sub -area. Transfers of market- LDC 138-22(b) rate ROGO exemptions requires the sender site to be: (1) redeveloped, or retained, with an affordable housing dwelling unit; (2) dedicated to staff. Monroe County for the development of affordable housing and in -lieu fee per unit or (3) an affordable housing unit is developed on a Tier III Emily Schemper property and the sender site is demolished and restored. No Currently, there is a moratorium on the transfer of market -rate units except in cases where the market -rate unit is transferred to a receiver site that is a Tier III designated platted lot; within the Improved Subdivision (IS) Land Use District or the Urban Residential Mobile Home (URM) Land Use District, is a platted lot located within the same ROGO planning subarea as the sender site; and is not a working waterfront. Applicants to ROGO have the ability to apply for Administrative Relief within 180 days of the conclusion of the 16"' quarterly allocation period S. Administrative Relief CP Policy 101.7.3 which they have failed to secure an allocation award. The regulations provide specific criteria for eligibility for administrative relief including LDC 138-27 Staff.. compliance with all county, state and federal regulations. Emily Schemper The existingregulations require the County to coordinate with the Department of Environmental Protection b notifying DEP of an upcoming BtY P Y fY� B Y P B Yes administrative relief requests at least six months prior to the deadline for administrative relief. This in intended to target Tier I land areas and parcels with the Florida Forever acquisition area. ROGO Ideas, Revised 01.16.19 BOCC Workshop 01.30.2019 Page 1 of Program/Idea Description Funding Required (Yes/No) Future Pol and Programs Contiguous Land Merger 1. Adopt Contiguous Land Merger Ordinance, consistent with Murr v. Wisconsin. The ordinance would provide a process by which Monroe County may seek to merge two (2) or more contiguous parcels held in common ownership where one (1) or more of the contiguous parcels does not a No Staff. conform to standards for development due to environmental quality or environmental compatibility. Derek Howard Develop a new ROGO category of market -rate workforce allocations for applicants who commit to maintaining the property as market -rate 2. Create a ROGO Category for market -rate workforce workforce housing (earn 70% of income within Monroe County, but NOT subject to affordability criteria). Prioritization of this units could be housing enhanced by providing a dedicated allocation pool and providing points through the ROGO system for applicants willing to impose a workforce No housing deed restriction on single site market -rate ROGOs. Staff. . Cheryl Cloffari Develop a new ROGO categoryof market -rate allocations for applicants who commit to maintaining the property with a homestead exemption 3. Create a ROGO Category whereby the ROGOs must to prioritize owner -occupied developments. Prioritization of this units could be enhanced by providing a dedicated allocation pool and providing be used for owners who points through the ROGO system for applicants willing to commit to maintaining a homestead exemption single site market -rate ROGOs. will maintain homestead exemption No staff.. Cheryl Cici fari Rezone land from Monroe County may identify vacant parcels of land that are currently within a land use (zoning) district that allows residential uses and amend 4. residential uses to other the zoning designation to a zoning district that does not allow residential uses. For example, Commercial 1 and Commercial 2 zoning districts uses allow for nonresidential use of the parcel, but prohibits any residential use of the parcel. Staff. No Emily Schemper Cheryl Cici fad Add nonresidential uses to _ Monroe County may amend the text of specific land use (zoning) districts to provide for additional nonresidential uses such as community S. residential zoning districts gardens, boat trailer parking, docks, and municipal/private parking, for example. Additionally, Monroe County may consider exempting (community gardens, small recreational vehicles from ROGO for vacant lots only. business, boat trailer parking) No staff. Emily Schemper Cheryl Cioffari 6. Create climate change In 2013, the BOCC adopted the Monroe County Community Climate Action Plan (MCAP). The purpose ofthe MCAP is to outline a course of action adaptation areas and for the County government and communities of Monroe County for a coordinated countywide strategy to minimize climate change impacts and disallow any development to increase the sustainability of the communities within the Florida Keys. The MCAP is an attempt to mitigate future impacts by reducing on land where sea level rise communitywide greenhouse gas (GHG) emissions to 20%below 2005 levels by 2020 and to identify local adaptation needs for protection against will put land under water In future sea level rise. The MCAP has been designed to support three primaryfunctlons: No future. 1. Provide clear guidance to County staff regarding when and how to implement key provisions of the plan; and 2. Inspire residents and businesses to participate in community efforts to address climate change issues; and staff.. 3. Demonstrate Monroe County's commitment to climate change mitigation and adaptation. Emily Schemper ROGO Ideas, Revised 01.16.19 BOCC Workshop 01.30.2019 Section Paae 2 of Description I Funding Required The plan comains strategies, objectives, measures, and actions that will direct the County's efforts. Two recommended actions include: • P-2.1: Revise Monroe County's Comprehensive Plan to address strategic planning related to climate change mitigation and adaptation needs. • P-2.2: Incorporate the "Adaptation Action Area" designation into local comprehensive plans and regional planning documentsto identify those areas deemed most vulnerable to sea level rise and other climate change impacts. The creation of a Climate Change Element as a part of the Monroe County Comprehensive Plan would include strategies to address the impacts of climate change. Adaptive management principles would be used to continually review and revise climate mitigation and adaptation policies, objectives, and Land Development Regulations. The County could also designate adaptlon action areas to Identify areas that experience coastal flooding and are vulnerable to sea level rise, for the purpose of prioritizing funding for infrastructure needs and adaptation planning. This could include both developed and undeveloped areas, and be used as a tool to guide policies and regulations that serve to reduce future risk and economic losses associated with sea level rise. Attachment., Sea Level Rise Map Series 7. Establish an Urban Service An urban service district is an area in which urban services will be provided and outside of which such services will not be extended thus District discouraging development sprawl. staff. Monroe County may create an Urban Service District (USD) to discourage and disallow development of land outside of the designated area (areas Cheryl Cloffarl served by existing Infrastructure including roadways, sewer, water and electric). Monroe County could seek ACSC legislative changes to disallow any extension of public facilities (electric, water, sewer, cable) into Coastal Barrier yes Resource System (CBRS), opas, urban service district, for example. Monroe County could supplement this strategy to discourage residential development by amending ROGO regulations to either: (1) disallow development without utilities, or (2) give negative points. Currently, negative points in ROGO are obtained for development in Big Pine Key, wetlands, CBRS areas and v-zones (flood plain). 8. Shelter in place Monroe County may allow sheltering in place as long as structures are built accordingly and resilient. This could mean either individuals sheltering in place, shelters provided by the government, or an impact fee assessed on new development to guarantee space within a government provided 5taff: shelter. No Christine Hurley Bob Shiilinger ions 1. Lobby Federal government A. Lobby Federal government to expand boundaries of Coastal Barrier Resources System (CBRS) in Monroe County that would prohibit the issuance of federal flood insurance for new development for properties within the system, thereby decreasing development pressure without Staff. additional takings liability. No Derek Howard B. Lobby Federal government to disallow National Flood Insurance Program (NFIP) policies for new construction. 2. Lobby State Legislature Lobby State legislature to adopt a bill whereby a court must apportion damages for a regulatory taking equally between the State and local government in an Area of Critical State Concern. staff, No Derek Howard Bob Shillinaer ROGO Ideas, Revised 01.16.19 BOCC Workshop 01.30.2019 CP/LDC Section B. Page 3 of Program/Idea Description Funding CP/1 DC Section Required Exercise Eminent Domain of environmentally sensitive lands and undeveloped plats, which is a more predictable process as opposed to possible (Yes/No) 3. Eminent Domain inverse condemnation suits by property owners. 5taff: Yes Derek Howard Bob Shiilinger Exercise eminent domain to acquire title to unimproved, platted rights -of -way (areas typically covered by right-of-way easements running in 4. Eminent Domain of Unimproved, Platted favor of the County) for the purpose of conservation and/or takings liability reduction. This would reduce the reasonable investment -backed Rights -of -Way expectations of development of adjacently -located platted, privately -owned undeveloped parcels currently without access to an Improved right- of-way. Yes Staff: Peter Morris Foreclose all Code liens Foreclose all code liens 5. V Staff: Oe No Bob Shiilinger 6. Develop purchasing tax The acquisition of tax deeds may require separate BOCC authority and development of an internal financing process to make purchases at tax certificate programs deed auctions. Purchasing tax deeds requires scrutiny of appraised value (if available) versus assessed value versus taxes owed (which is usually the opening bid). Nothing should be acquired above appraised/assessed unless addressed in standing BOCC authority. The cost of taxes owed Staff: needs to be considered in terms of what is delinquent and what is not delinquent, as the tax deed purchase price may not adequately capture Cynthia Guerra the true purchase price of the parcel. Title reviews are an important step and title searches may be available and on file with the tax deed office. Yes This information may need to be supplemented by a low-cost title update performed by an independent contractor. liens are not typically cleared by a tax deed sale, so the parcels also need to be reviewed for any liens to determine if the parcel is worth pursuing. Also, with tax deeds the tax delinquency needs to be checked often to make sure owner isn't paying them and taking the parcel out of an upcoming auction. Tax deeds present a path forward to acquiring parcels in a cost-efficient manner, but the process can be staff intensive 7. Raise property taxes Monroe County could raise property taxes to further fund land acquisition, including payments that may be required as a part of the beneficial use determination process. Staff. Cheryl Cioffad Currently, the millage rate is set at 2.4 mils; whereas, the maximum is 10 mils. The County could consider: No 1. Establishing anew ad valorum (county wide) tax; and 2. Increase 148 fund (unicorporated). i Comprehensive Plan Policy 301.7.2, states that the County will coordinate with FDOT to maintain portions of U.S. 1 as two lanes. 8. Request FDOT widen roadways Policy 301.72 Staff: In recognition of the physical and environmental constraints that may affect the widening of U.S. 1 to four lanes, Monroe County shall Cheryl Cioffari coordinate with FOOT on those portions of U.S.1 that are shown as two lanes an the Future Traffic Circulation Map to maintain them as No two lanes for the planning horizon. This policy shall not be construed so as to prohibit the addition of a third lane to be used as a continuous two-way turn lane for those segments with a demonstrated public safety risky If the third lone has been demonstrated to be the safest alternative. (§163.3177(6)(b)1., F.S.] ROGO Ideas, Revised 01.16.19 BOCC Workshop 01.30.2019 Page 4 of Program/Idea i Description 9. 1 Conduct carrying capacity study Staff. Christine Hurley 10. Lobby Citizens insurance to disallow any new policies for new construction Staff.• Bob Shillinger Monroe County may consider amending Policy 301.7.2 to widen portions of U.S. 1 to four lanes, where appropriate, to provide for greater hurricane evacuation capacity. Monroe County may conduct a carrying capacity study to determine the correct balance and needs of permanent residents and tourism with the environmental and water quality constraints. Lobby Citizen's Insurance to disallow insurance for any new construction. Funding CP/LDC Section Required Yes No ROGO Ideas, Revised 01.16.19 BOCC Workshop 01.30.2019 Page 5 of io Lower Keys 0 KO-Y WVVGdr .4 1! k E I 1r,"'To I 11 U S . _,e� 1111t SLR - Cumulative Probability (1/2 Acre MMU) 26.1% -74.9% -Possibly Inundated N W.. 4V 75 - 100% - More Likely to be Inundated Monroe Count Private -Vacant Land. litamiip.IrJCREMF.NTr.?.InCFri,FAIiapn Q111.1 F:$dC4ilnrrtHangKnng).Eiri'Knmp Fed !Tfidhqnd), Mqp"Ia. Lower Keys low we do ar Ot AL Ip 1tt SLR -C.-Illative Probability (112 ACro MMU) ".1%.74.9% - Possibly Inundated - 75 - 100%- More Likely to be Inundated Monroe Count Private -Vacant Lands - i mile r N4 L i 31-mme: USGr, fnlsrmap- INC�-R E 4p rdtL ibutom- and The G I5 User C a 11 n'L-TI. Esc Chinn !Ho . ongl Evl'Kow FFn ql llandl. 3,R3{: Low=Keys� lmlle U il,_ % Y` r - 11t SLR -Cumulative Probability (1/2 Acre MMU) 25.1 % -74.9% -Possibly Inundated - 75 - 100% - More Likely to be Inundated QMonroe Count Private -Vacant Lands HFRT. C1di.00,14, 1J5G5, INCREVENI RERC-. Eari Japan. META, Esrichi {Hong Kong . €., kurea Esd (Thailarrd), kt mylydla, h:far-;[. �:OuFn SGeel!atap Cl>?llirbu[ors, artr7 r?�+GIS User Ccrr�nurt:[y a' s Lower Keys veal ''0°, Mha Grew In 0, IV 5 L1. `air V �' waim K v' I t SLR - Cumulative Probability (1/2 Acre MMU) •. , 25.1% -74.9% - Possibly Inundated • f. _ 75 - 100% - More Likely to be Inundated •: `ice _ Monroe Count Private -Vacant Lands ti4 _ `+5 ���•a�e ,�" • �- ti is.F.n,HEaf :OFirsrm l]5G5,I+rtFrmapfNGf�3EMEN'i F.IPRC.:,ri. E��dev.-Vi MFTk. Esr Drina tH4nr�K[rr.�l. Esr116.�iep�FSri iTlllllRndh IA3Crtnylrvjln. .ri - may,= ^.0 L)y r�n.,i...Nhep cw:trhJ'�u5.3m1ih�GiS Lk— Comahmly • Keys +°' # 7 JOIN�� v i )u • e: -:EPEE ris Uilib ,3( -: --;-S'reet`a-<**ibuk•rs Drhc Hoak W, 1ft SLR -Cumulative Probability (1/2 Acre MMU) 25.1%-74.9% - Possibly Inundated 75 -100% - More Likely to be Inundated OMonroe Count Private -Vacant Lands 114C.HFMCNT PJJR - F 21 pa . blETI, EsRChirta Fil K. n, Esd (Th.ilandl, rJklanyfndia. y i ly�C Cf]ITIRIJFIify Marathon I b `j E p I CI Kay Colany "..a mv I SLR - Cumulative Probability (112 Acre MMU) 25.1% -74.9% - Possibly Inundated 75 - 100% - More Likely to be Inundated Monroe count PrIvate-Vacant Lands �a , , I- --;i� 01 "M. G. U 913b. Ir ltl-! M Ap. mc, 17 wit j r r. tv:rnai. Se. ii Japan, ME ri F- Cnna (F4eir g Koisg), Esd Kowa, PO d (ThWland) . Mwmytnda 7 U ?Ville C.f' �j ;. -Ot.Ml� c )nnr61,,rf-. Bile! i'le GIS klssr C�rrrnijjllLy I A pe rell -10 n eva Msfam KY C617. SMOzt Ift SLR - Cumulative Probability (IN Acre MMU) 26.1% -74.9% - Possibly Inundated 75 - 100% - More Likely to be Inundated Monroe count Private -Vacant Lands . I I Esi)..11FRE Dai.ornie. uSf)irre.,rTi.q?, NNLMEr; I P. NHC�n- FErL JC,�an, J.�Ffl f--11 Cn4.A(I oru Kc-119), EV r(A'A an i Long Key - Islamorada I..�.1rTfIo ad'I 1tt SLR - Cumulative Probability (1/2 Acre MMU) 25.1%-74.9% - Possibly Inundated - 75 - 100% - More Likely to be Inundated Monroe Count Private -Vacant Lands So m a 3 i:sr-. HESE.. E7€W._nmra:US _9 1 - .. 1p, !I..: RI '0_.N : P t flrAn, sr' Apan. METL En Cs - ,:1,119 K Es—,,- Esn (TIIOP d). N uo yli din NC- -0, r.9 1. ,d Im GI i _hei ::i •n^urlL I - - Islamorada IV I - VA6 �r FIft SLR -Cumulative Probability (In Acre MMU) 25.1%-74.9% - Possibly Inundated 75 -100% - More Likely to be Inundated Monroe count Private -Vacant Lands _ 0711'� Sou tL'S. emu, HERE, D4LOFM USC S, Inratmap: INGFiEMFNT P.NFtGan, Esh Japan. MLTI.. FsA Cdu�a Nung RC%mg) Elul Kom F. i CTh A-4, rJtlprrtyfwa, 1' = 1 rnog,_., NCCG.-'openstrmMgnc❑ tdbvhxr, 7uld9h2G:S Use, CAW—Aty Key Largo At I� fe"I1.11,e- ; 4 , ngc Q ., .e 1ft SLR - Cumulative Probability (1/2 Aare MMU) 25.1 % -74.9% - Possibly Inundated _ 75 - 100% - More Likely to be Inundated M Monroe Count Private -Vacant Lands i v J:-=. C;n s{l:Pf 1JBLOrfrIB '•�C,S. r•fE�.+l IF.!'�F.'•dCr:lYf+H-a:i E:ri.f��a:,, t�ETl, Esri Cl,�ha lkinng KOa(II. G-SrI K4r a _E�._T4adar+d3, FAa, rnyl�dlB t!•.. U4 Sv :,I.`b•rta,8 s=Hj 4§IS I_5 C:r+ruh•.fy Key Largo F* KG- y/ L a) r, g; (,,, 0 .X, F—,ftSLR - Cumulative Probability (112 Acre MMU) 25.1% -74.9% - Possibly Inundated 75 - 100% - More Likely to be Inundated Monroe Count Private -Vacant Lands f42�. Zs�l U 1EPjF,j)GLr-r-_ S S ti I if i :Rl t I r.1 I IC 1; :WI. Es F a d) IV. North Key Largo os go- -3 i ' = 1 mite t��e MIo K�4F� `vim �''� . ya �• Rad v o pe � v .Ad e+ �7 e s v o-o- tft SLR - Cumulative Probability (1/2 Acre MMU) 25.1%-74.9% -Possibly Inundated 75 - 100%- More Likely to be Inundated Monroe Count Private -Vacant Lands SOrr [s- EVI. hlHL,DL.LlMe, VSGS; Ynl.rniajp. IYJGRIMFIJ P, WR= .Cp.iaran, MF i.E mCni tiering Marra!-Esri KeXFa Esi fT1.�rjd1. Maluny1rdit, Y•lL�s..aOF_n r..F�,na�..r.rlr,bv cr•'. a•dlYr=-G tS f.$9-CatT^nUrlh-p Lower Keys Ej 0 A 1 li of fl If 2R SLR - Cumulative Probability (112 Acre MMU) 25.1%-74.9% - Possibly Inundated - 75 - 100% - More Likely to be Inundated ® Monroe Count Private -vacant Lands S:urr•:e= Ean, HHRG,. Dei ai*9r IJ3�,�. !�r•�+map iFir^LPJf�Ttr s'. tFRGen. Et:*i .4npan. tJ�F'C. fsri Chtnn IMnr A<ong), E9d knma, Esry jTtwllnnor, Apia, t 011iOpen,Stressiyiapr,�ni {-,,p'r5. arsr �l i»Gi User Cr�nn�imity Lower Keys M I IF • i r etas •._" 2ft SLR - Cumulative Probability (12 Acre MMU) 25.1%-74.9% - Possibly Inundated 75 - 100% - More Likely to be Inundated Monroe Count Private -Vacant Lands r a 1-�1 mile &11 r 14 i * 41 Ar NO L a L� eJ.—, IJa'GS lntel INCR NT _. ullr WAETi. Ead Chinn lN.16 nn11, Es ems, E.ari�Tltilla�All pcgr�Iricvlors_urrJifue CvtS Leer Gernmi.. NVE Lower Keys r �a mac: �► � _ , Me: Ott SLR - Cumulative Probability (1/2 Acre MMU) 25.1%-74.9% - Possibly Inundated 75 -100% - More Likely to be Inundated Q Monroe Count Private -Vacant Lands 'kip +R R I Ek"JI r,Cs",IIEI"-.i1e1.mmc,USGS.Ir,,eir14INCFIENIUJITRNFIGan.Es,1aapai1,WIFTI.E=dCtilna;Nora.KannrEsdKaw-EsrirTNOlandl.W_prnytrgh, 1'=1 mile NC.C;C. 4-U,paliSrre--rhs;.p GonrAhrrorr-,,rainy C'i6U=_+r Canxr;inity Lower Keys �i 1r D IN to O Naim KOl�/ 2H SLR - Cumulative Probability (1/2 Acre MMU) V 25.1 % -74.9% - Possibly Inundated i 75- 100%- More Likely to be Inundated e � Monroe Count Private -Vacant Lands IL . 4 Ertl. i1E=E, (Lormc IJT3S, 1r nq, INCMPAEN'r P NT iCon Esri Jr_pPr, METI. Es? China [Hong Kong;•. E20 Krwt Gsd,Therlend) eSt mra lydia NCL.:OpenSn.lollhapcvnht+dk:rs.3rrin�e-615�1u_e�Commu»I�; Lower Keys sm c� 1 - 1 ''," U 11 A 1 i — r �-.� 2ft SLR -Cumulative Probability (112 Acre MMU) 25.1 % -74.9% - Possibly Inundated - 75 -100% - More Likely to be Inundated OMonroe Count Private -Vacant Lands tar I]rBE C•-L-+, U 5GS,iailerrsgp r,NRCan. Es ri Jepen• h9I E 1•E&I 'hi .,(rl❑ng King. Eari K,x=a.-.. I3.1 sn:i- •-_,.�: ��.;. ii6ec e1.LbniStrwtiy p- __rout s.anrl tlk GIs WifC,nrvrn��i#y Marathon lrfit"re' 1 mile Viu, &, KoY 2ft SLR - Cumulative Probability (V2 Acre MMU) _ 25.1%-74.9% - Possibly Inundated 75 -100% - More Likely to be Inundated Monroe count Private -Vacant Lands J :Sauces. F;,,,.HERE, DPI-o*mEr: 111.33& lnwrnap, iN17F1EMENT P, NRCen. Esrl Japan METI. Esd Chins {Hong Kong), E.se Kara. Esd tThstlnno) NlapmyiMle. r4t.6OwSkr+datMnlil�nh;ulom.s,rrall}nG15userbxwju,itr 2ft SLR - Cumulative Probability (112 Acre MMU) MW 25.1% -74.9% - Possibly Inundated 75 - 100% - More Likely to be Inundated Monroe count Private -vacant Lands E,;rl HERP Dt-Loruie t 'VIS, twi--p. INGPLNIENTR NRCa, 4, MET. EA China (Hblig Kong}. Ert K�,, lEsni Wwn�,IdLl, 1 mile Long Key - Islamorada, 1 " = I mile 1: gk. I Y1 L, I, L; d u I ).A -A M..,.. 2ft SLR - Cumulative Probability (112 Acre Mmu) 25.1% -74.9% - Possibly Inundated 75 - 100% - More Likely to be Inundated Monroe Count Private -Vacant Lands 5,1+ E54i. HE R!, DGLQM1..VSGl3 1,4,maep. INCRI-MENT RNROaa, EST Jwan ME [Nc.- -(j)- Earwax F=r jT, I. -_ M.1thQGtS Us91- Corn—nity Islarnorada r� U d 9 IL A 1 2ft SLR - Cumulative Probability (112 Acre MMU) d # 25.1%-74.9% -Possibly Inundated ® 75 - 100%- More Likely to be Inundated ® Monroe Count Private -Vacant Lands . f �n deei hazy HFRL ue'..•�rrn�, U�i65 Ir, wma�- I'9CnEPAEM � F #iR�3 . ti •:I d.y pan. h9E", Esri GhFIeP�a-; K�np,. Esn k �=.r I i htilan�i. AAaFl+yi.:]fn. 7 ' = i mil , rd�: VC,-0�->pen, I�s:rp �nn'•ib�lars. urzl fhe GlS lA: �f Gnulmi�liily Key Largo I TMIN 1 101 R ALM _:r 2ft SLR -Cumulative Probability (112 Acre MMU) 25.1%-74.9% - Possibly Inundated - 75 - 100% - More Likely to be Inundated OMonroe Count Private -Vacant Lands . Lsn, H - P r-.L r i sir -a NC REY&I I P. NRC-ten, Erin JapanEsri Chine [Horj K"). Es Kcsee Fed1 TIL,. t.rn ),'Agrrytnd�A CIDsn3 trw-IL9�, c.-n iu.il�:r; Rm the G,s UJ or Cxn.nrv-"ty U r] o ' tlo'o, I 8ft SLR - Cumulative Probability (112 Acre MMU) 25.1%-74.9% - Possibly Inundated - 75 - 100% - More Likely to be Inundated Monroe Count Private -Vacant Lands 8:ou-.cq.Eel, ,HERE .aeLorn�.isSQS ��[��•mzD.�P.CRFA+'IJT^.rtJFtCs.�.?-sn.ianen 1.1ETI.FssirhinR(HongKongi.E90Korotr F_-.:: TnsA:gna`,h�s�mylM+ PtGf_0.SOr-^5�•=_•tn,t•rpam+-il;�,tcre a•KlthrGlStl:-e�Gimm•vY1y Lower Keys 4 l 81t SLR -Cumulative Probability (112 Acre MMU) 25.1%-74.9% -Possibly Inundated - 75 - 100% - More Likely to be Inundated Monroe Count Private -Vacant Lards ] ' = l mile AL � is 4 a. jLurmE U R)GF. iritenn-V INCRiEf4T and thr?0tS titv Corfj v Aw to • Th I MF R F6ri Chins 11 a C,I 0 E. n jlrallandl, Lower Keys f ► - +-viiiiii r I fiv A126- W-W Sours.E it-HFHC DeL mle.LI936,11 00 # 4 I& V ,41r 9ft SLR -Cumulative Probability (1/2 Acre MMU) 25A%-74.9% - Possibly Inundated - 75 - 100% - More Likely to be Inundated QMonroe Count Private -Vacant Lands P, URCan, F.z4 Japan MET!, ESA-^W.ne'Hnrg Kong) Eso Krea F?� (Thailenfj f"A+omvinfl4 u Lower Keys ZI f I G io to V , "v Kay 8tt SLR - Cumuleti" Probability (112 Acre MMU) i _^ 25.1% -74.9% - Possibly Inundated r! _ 75 -100% - More Likely to be Inundated Monroe Count Private -Vacant Lends .s: Esi:. HERE. r,ELom:c.. U?•66.. rntanmp. rNrREM[NT P, NRCan. CF'i Japan. METE. Esr, %hina tHong Kong'. Esn K*xPs, E-er1(Thailand), Mafx"Nndia ).j � �7pr�n;=irgErlMap cOn;ra;h>n•, anclli7^_I�kS IJ=_.*r Cnsrmuni•ly Lower Keys t`'-. li ! a `" I aft SLR - Cumulative Probability (1/2 Acre MMU) 25.1%-74.9% - Possibly Inundated 75 - 100% - More Likely to be Inundated OMonroe Count Private -Vacant Lands ,.�,r r, �,•HL'I'r?,,rE-�r, t3,, �,ir.- :«u��.aF•,a�Nr�,rm[;err.8an�e;;� at�ti.e, ,r„�� i�,:�,�r,�,� - - , ,,.,-, .,,,.,. rniiC '�i;CC.. r +7cirr chit. atM=a wnlr'huh<S. aril rim: GIC; lh,F: Ccvrirn�ni:,' Marathon rS � 1 mile u 1 I -1 9ft SLR - Cumulative Probability (1/2 Acre MMU) 25.1 % -74.9% - Possibly Inundated - 75 - 100%- More Likely to be Inundated Monroe count Private -vacant Lands Snurc&gs EIS HERE. t)el�MP.tl SCS; Ini5Ar.2F.. I':: �E-7,1 EIVrr- Pi+ii�n Fer in�� i%Eli :_erC Chin ,i�-_mij rsr I nw9 ndl. WI-yidda. F,a�,�,�, �l]pc: Si}cylhf,¢p can i*�ir�rs. ,s �tlrc GAS Us., G.mmur:i!, . %47W-11 - i —N77 17 1 mike 0 ©u r�K Ivey F- 3ft SLR - Cumulative Probability (112 Acre MMU) 26.1% -74.9% - Possibly Inundated 75 - 100% - More Likely to be Inundated Monroe count Private -vacant Lands Long Key - Islamorada I I=14a '88Cs1.d: �� 911 SLR - Cumulative Probability (1/2 Acre MMU) 25.1%-74.9% - Possibly Inundated _ 75 - 100% - More Likely to be Inundated Monroe Count Private -vacant Lands St lr:E. ....• :- --. ,.p IS, •:. EM.- : - .n k-1F7i E^ 1, 11 :.-, Fri t "j' F= - z �,.-: -•I Cl''..4n 4s Nil: ei. Islamorada 4 jY 8ft SLR -Cumulative Probability (1/2 Acre MMU) � 25.1%-74.9% -Possibly Inundated ® 75 - 100% - More Likely to be Inundated Monroe Count Private -Vacant Lands S9&Ci L5h, diL ,DSLUtT--USGS l ntr.rrnap. NCTIFMEP:T F. NnOi n Brl J,3p h. WTC, Esrl ON,ri€lidn3 Kona). E41 Kw Esn lTha:la,,d) NWpmondle. NB C_ =QVanStra�4M�p(;mt,; kit-rF. lir¢I theCt9 lher C:csnrnunity Key Largo Cl 2 rnli ..F W."--- e O0 F,,,. i r W:, L,- o G9L hdF•m ep!NlPRFl lTNT Ilrr C"Lne�.n.sttvlenr ror� snirho Gl5 LIsw G�ivn eb 8tt SLR - Cumulative Probability (112 Acre MMU) 25,1 % -74.9% - Possibly Inundated 75 -100% - More Likely to be Inundated Monroe Count Private -Vacant Lands 1 F-- 3rpar. kIFTI. ErRCh-, - gl.EGelKoM Ffd lTbailarvl). Nt0Prny4'a1le, Key Largo G�G- I ricfa epF 9ft SLR - Cumulative Probability (112 Acre MMU) 25.1%-74.0% - Possibly Inundated _ 75 -100% - More Likely to be Inundated Monroe Count Private -Vacant Lands Es'. HE �E:, Getonn US 5. In . n�r�, IN0r1E1�hhl P. {4RCur. Esr.,rara�. MF i�. F, i china{Nanv He ;1.. Est {=•aa Essi+inaia.^.d). YAirimylrxk,a. _:Qp.�.r51 rivtA4.y: cart{r b1Jt q, a Ili P, 1GK Ut C.n .i+1i7r MONROE COUNTY THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN BUILD -OUT CHALLENGES FACING THE FLORIDA KEYS ate PotentialPrice of Preserving Para�fise.. . 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 I] 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 Unincor orated Monroe County, Florida TIER NUMBER OF VACANT PARCELS YEARS TO ALLOCATE PERMITS THEORETICAL MAXIMUM DENSITY** No Tier (ORCA, etc.) 235 766 Tier 1 3,979 4,806 Tier II 393 590 Tier 111-A 260 553 Tier Ill 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. 1IPage BOCC July 1 8. 1n I 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¢y At present, there are two recurring dedicated funding sources for purchasing land within the County. The first is through half of a I 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. 2 1 P a g e BOCC July 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 $ 900,000 276 '0 Marathon 1,680 $ 49,845 $ 83,740,226 93 It Layton 34 $ 51,080 $ 1,736,724 2It Key Colony Beach 109 $129,746 $ 14,142,347 16't Islamorada 1,269 $ 60,877 $ 77,253,680 8610 TOTAL PARCELS 11,364 $40,66_ _` . $ 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. 0 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 ACOUISITION 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. 3 1 P a g e BOCC July IS. 20 13 Table 3: Past State of Florida Division of State Lands Acquisition Strategy in Monroe County State of Florida Total Tota I 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) Trust Fund 1982 - 1993 143 3028.64 $ 74,669,999 Save Our Coast Trust Fund 1983 - 1993 4 39.03 $ 2,400,000 Preservation 2000 (P-2000) Trust I and 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 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 I1 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.], 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. 4 1 P a g e BOCC July 18. 2013 ADDITIONAL COUNTY LAND ACQUISITION FUNDING STRATEGIES These strategies assume there are 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)(f)3., 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 011-15 Above) Increasing Tourist Impact Tax — (Stratep_v #11) Currently, the I 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). 5 1 P a g e B 0 C C July 18. ?(I 1 3 Table 3: Vacant Parcels and Years to Acquire with an Increase to Tourist Impact Tax YEARS APPROXIMATE ANNUAL T 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 $ 3,970,000 80* * growth in property value ova fime� . * The total vacant parcels (11,364) less the 3,550 allocations available resubs in 7,814 parcels 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 $3.97M 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 YEARS TO APPROXIMATE ANNUAL GENERATE NO. AVERAGE LAND VALUE BUDGET FOR THE FUNDS AREA VACANT PARCEL (December 2012 LAND EQUAL TO THE PARCELS VALUE MC Property ACQUISITION Q 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 slue over time) MC PARCELS TO $30,400 PURCHASE 6 (analysis assumes no $188,419,200 $ 2,550,000 7 ** (UNICORPORATED)** growth in property value over time) * The total vacant parcels (1 /,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. Alan 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. 6 1 P a g e 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 (601/o) • $ 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 valug 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 THE TAX Appraiser data) ACQUISITION ASSESSED VALUE PARCELS TO $40,664 PURCHASE 7,814 (analysisassumesno $ 317,748,496 $ 28,720,000 11* (COUNTYWIDE)* growthin ) value overrtitinwme) MC PARCELS TO $30,400 PURCHASE 6,198 (analysis assumes no $ 188,419,200 $ 17,400,000 11 (UNICORPORATED)** growth in rtinneprol—)" ,aloe ova' time ,_. _AL * the total vacant parcels (11,364) less the 3,550 allocations available results in 17,814 parcels to purchase. Alan 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 1 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. 7 1 P a g e 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 Establishina 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 TOTAL TAXABLE VALUE (MCPA - 2012) ANNUAL REVENUES 0.75 MIL 0.50 MIL 0.25 MIL $ 18,691,323,445 $ 14,018,492 $ 9,345,661 $ 4,672,830 POTENTIAL LIABILITY AFTER ALLOCATIONS YEARS TO GENERATE THE FUNDS EQUAL TO THE TAX ASSESSED VALUE $ 317,748,496 W23 1 34 68: Toll on US 1 (Strateev #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. 81Page BOCC July 18. 201 3 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 fears To Generate The (Countywide) Funds Equal To The Tax Assessed Value Historic Status Quo (50% of tourist impact tax and revenue from park entrances — $ 1,170,000 272 allocated at the historic rates for the (estimated based on historic rates) 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 tax assessed value of parcels and does not consider: the future willingness gfowners to sell: if the value assumed will he equal to the acquisition price; sufciencyoffunds; ifihe parcels have a marketable title: the suitability gfpublic ownership for certain parcels; the feasibility and costs of managing parcels: etc. 9 1 P a g e BOCC July 18. —20 1 MONROE COUNTY fr THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN BUILD -OUT CHALLENGES FACING THE FLORIDA KEYS Tie Potential Price of Preserving Paradrse.. . 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 ($9M) and the North Key Largo Hammocks project ($SM) 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 NO. VACANT AVERAGE LAND VALUE FUNDING GENERATE AREA PARCELS PARCEL (December 2012 Based on Historic FUNDS EQUAL 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 $ 900,000 276 ro Marathon 1,680 $ 49,845 $ 83,740,226 93 a Layton 34 $ 51,080 $ 1,736,724 2 a 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 39550 3,550 County wide including cities, with 1,970 units for unincorporated MC ALLOCATIONS PARCELS TO PURCHASE 7,814 $40,664*** $ 317,748,496 $1,1709000 272** (COUNTYWIDE)** * The Monroe County Land Authority has historically allocated approximately 18% ($270,0001yr) 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 overtime. Note property values could change exponentially. 0 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 Fears Number of Acres Total Cost Transactions Land Acquisition Trust Fund 1966 - 1979 100 1623.42 $ 12,097,641 Conservation & Recreation Land (CARL) Trust Fund 1982 - 1993 143 3028.64 $ 74,669,999 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 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 offunds; if the parcels have a marketable title; the suitability of public ownership of certain parcels; the feasibility and costs of managing parcels; etc. 2 1 P a g e 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 3`d and 61h 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 I" and 5d' 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] 1 864 $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. 3 1 P a g e 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 fi $ 30,400 $ 248,314,487 Tier 1 3,979 e ° °p Tier II 393 Tier 111-A 260 a Tier 111 3,301 TOTAL PARCELS 11,364 $40,664 $ 462,112,218 3,550 County wide including cities, with 1,970 units for TOTAL ALLOCATIONS 3,550 unincor orated MC PARCELS TO PURCHASE 7,814 $40,664*** $ 317,748,496 (COUNTYWIDE)** 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 $ 900,000 93 + Layton 34 $ 51,080 $ 1,736,724 2 + Key Colony Beach 109 $129,746 $ 14,142,347 16 + Islamorada 1,269 $ 60,877 $ 77,253,680 86 + Unincorporated MC 8,168 No Tier (ORCA, etc. 235 $ 30,400 $ 248,314,487 276 a Tier 3,979 e ° °p Tier II 393 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 7,814 $40,664*** S 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 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)