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G. Land AuthorityLAND AUTHORITY GOVERNING BOARD AGENDA ITEM SUMMARY Meeting Date: April 18, 2007 Division: Land Authority Bulk Item: Yes No X Staff Contact / Phone #: Mark Rosch / 295-5180 Agenda Item Wording: Approval of minutes for the March 21, 2007 meeting. Item Background: N/A Advisory Committee Action: N/A Previous Governing Board Action: N/A Contract/Agreement Changes: N/A Staff Recommendation: Approval Total Cost: $ Budgeted: Yes _ No Cost to Land Authority: $ Source of Funds: Approved By: Attorney _ County Land Steward Documentation: Included: X To Follow: Not Required: Disposition: Agenda Item MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY GOVERNING BOARD March 21, 2007 Meeting Minutes The Governing Board of the Monroe County Comprehensive Plan Land Authority held a regular meeting on Wednesday, March 21, 2007 at the Marathon Government Center located at 2798 Overseas Highway, Marathon, Florida. Chairman Sonny McCoy called the meeting to order at 10:25 AM. Present and answering roll call, in addition to Chairman McCoy, were Mayor Mario Di Gennaro, Commissioner Sylvia Murphy, Commissioner George Neugent, and Commissioner Dixie Spehar. Also in attendance were Executive Director Mark Rosch, Office Manager Kimberly Nystrom, Counsel Larry Erskine, and members of the press and public. The first item on the agenda was approval of minutes for the February 21, 2007 meeting. A motion was made by Commissioner Neugent and seconded by Commissioner Murphy to approve the minutes as submitted. There being no objections, the motion carried (5/0). The next item was approval of a resolution authorizing the purchase and conveyance of Block H, Lot 10, Part C of Master Plat of North Marathon Shores in partnership with the Monroe County Board of County Commissioners for affordable housing. The total cost of the acquisition was $127,353.50. Mr. Rosch addressed the Board. Due to financial, ROGO, neighborhood acceptance, and hurricane evacuation considerations, the Board requested staff to look into the purchase of improved properties for affordable housing, rather than purchasing additional vacant subdivision lots in the future. A motion was made by Mayor Di Gennaro and seconded by Commissioner Murphy to approve the resolution. There being no objections, the motion carried (5/0). [Resolution 01-2007] The next item was approval to purchase eleven parcels on Big Pine Key for conservation. The properties were identified by RE #110410-000000, 110410-000100, 110410-000200, 110410- 000300, 110410-000400, 110410-000500, 111660-000000, 111800-000000, 111880-000000, 246210-000000, and 246220-000000 and had a total cost of $386,903.50. Mr. Rosch addressed the Board. A motion was made by Commissioner Neugent and seconded by Mayor Di Gennaro to approve the item. There being no objections, the motion carried (5/0). The next item was approval of a resolution authorizing the conveyance of Block 3, Lots 2, 3, and 4, Silver Shores Estates to the Monroe County Board of County Commissioners for use as a park. Mr. Rosch addressed the Board. A motion was made by Commissioner Neugent and seconded by Mayor Di Gennaro to approve the item. There being no objections, the motion carried (5/0). [Resolution 02-2007] There being no further business, the meeting was adjourned at 10:31 AM Minutes prepared by: Mark J. Rosch Executive Director Approved by the Board on: LAND AUTHORITY GOVERNING BOARD AGENDA ITEM SUMMARY Meeting Date: April 18, 2007 Division: Land Authority Bulk Item: Yes No X Contact / Phone #: Mark Rosch / 295-5180 Agenda Item Wording: Approval of the 2007 Acquisition List. Item Background: Each year the Land Authority Advisory Committee prepares an updated Acquisition List. Although this process takes place on an annual basis, the list may be, and often is, amended throughout the course of the year. The Advisory Committee has prepared the attached list for 2007 after holding public meetings on January 24, 2007; February 28, 2007; and March 26, 2007. Per section 380.0667, Florida Statutes, the Board of County Commissioners, sitting as the Land Authority Governing Board, "shall approve the list of acquisitions, in whole or in part, in the order of priority recommended by the Advisory Committee." The proposed list consists primarily of large projects carried forward from last year's list. The only addition relative to last year's list is an entry for acquisition of existing affordable housing stock. The deletions relative to last year's list are 1) Wet Net property (acquired); 2) BOCC Conservation and Natural Areas (replaced by Tier System); 3) Upland Native Habitat of 2 Acres or More Outside CNA per BOCC Res. 39-2004 (included in Tier 1 areas); and 4) Islamorada Motel (project no longer feasible). Listing a property on the Acquisition List is a preliminary, non -binding step indicating the Board's desire to pursue acquisition. Further Board action is required before entering into a purchase contract. Advisory Committee Action: On March 26, 2007 the Committee voted 3/0 to approve and forward the list to the Governing Board. Previous Governing Board Action: N/A Contract/Agreement Changes: N/A Staff Recommendation: Approval Total Cost: N/A Budgeted: Yes No Cost to Land Authority: N/A Source of Funds: N/A Approved By: Attorney County Land Steward Documentation: Included: X To Follow: Not Required: Disposition: Agenda Item MONROE COUNTY LAND AUTHORITY 2007 ACQUISITION LIST Property Acquisition Objectives Intended Development Ultimate Owner / Mana PROPERTY IN FLORIDA KEYS AREA OF CRITICAL STATE CONCERN Seagrape Apartments Site Affordable Housing Rental housing BOCC and MM 50, Marathon The Carlisle Group Tier 3 Land with Commercial Affordable Housing Multi -family housing To be determined Zoning and Scarified or Disturbed Vegetation Existing Affordable Affordable Housing Renovation To be determined Housing Stock Tier 3 Lots with Residential Affordable Housing Single-family housing To be determined Zoning and Scarified or Disturbed Vegetation Tier 3 BOCC Affordable Housing Affordable Housing Affordable Housing To be determined Action Plan Potential Sites Property Eligible for ROGO Property Rights Protection To be determined To be determined Administrative Relief Environmental Protection Subdivision Lots Rendered Property Rights Protection None To be determined Unbuildable by County Regulations Environmental Protection Tier 1, Tier 2, and Tier 3-A Property Rights Protection None To be determined Special Protection Areas Environmental Protection Big Pine HCP Mitigation Islamorada Land Acquisition Property Rights Protection None or Village of Islamorada Site Report Environmental Protection Resource -Based Park Recreation Environmentally Sensitive Property Rights Protection None City of Marathon Lands Nominated by City of Environmental Protection Marathon Res. 2003-149 Hart Property (formerly Environmental Protection None or Village of Islamorada Callahan & Accolla properties) Recreation Resource -Based Park MM 74, Lower Matecumbe PROPERTY IN KEY WEST AREA OF CRITICAL STATE CONCERN 304 Truman Avenue Affordable Housing Homeownership Land - Bahama Conch (Robinson/Sawyer Property) subject to a ground Community Land Trust lease Structures - income qualified occupants 209, 211, 213, and 222 Petronia St Affordable Housing Mix of rental and Land - Bahama Conch (Mingo/Sotolongo Properties) homeownership Community Land Trust subject to a ground Structures - income lease qualified occupants LAND AUTHORITY GOVERNING BOARD AGENDA ITEM SUMMARY Meeting Date: April 18, 2007 Division: Land Authority Bulk Item: Yes No X Contact / Phone #: Mark Rosch / 295-5180 Agenda Item Wording: Approval of a resolution encouraging local governments to provide local match funds for affordable housing acquisitions. Item Background: The Land Authority Advisory Committee recommends the subject resolution to provide local government partners the opportunity to leverage and enhance the impact of Land Authority expenditures for affordable housing. Advisory Committee Action: On March 26, 2007 the Committee voted 3/0 to approve this item. Previous Governing Board Action: None. Contract/Agreement Changes: None. Staff Recommendation: Approval Total Cost: N/A Budgeted: Yes No Cost to Land Authority: N/A Source of Funds: N/A Approved By: Attorney X County Land Steward Documentation: Included: X To Follow: Not Required: Disposition: Agenda Item RESOLUTION NO. A RESOLUTION OF THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY ENCOURAGING LOCAL GOVERNMENTS TO PROVIDE LOCAL MATCH FUNDS FOR AFFORDABLE HOUSING ACQUISITIONS. WHEREAS, section 380.0666(3), Florida Statutes (FS) and section 9.3-2, Monroe County Code, empower the Monroe County Comprehensive Plan Land Authority (hereinafter "Land Authority") to acquire and dispose of interests in real property for the purpose of providing affordable housing; and WHEREAS, the Land Authority desires to acquire property for affordable housing; and WHEREAS, the need for affordable housing in the Florida Keys greatly exceeds the Land Authority's available funding; and WHEREAS, local government partners have an opportunity to leverage and enhance the impact of Land Authority expenditures for affordable housing by providing local match funds; and WHEREAS, the Land Authority Advisory Committee considered this resolution at a meeting held on March 26, 2007 and voted 3/0 to recommend approval; NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY: The Land Authority hereby encourages local governments to provide local match funds for affordable housing acquisitions. PASSED AND ADOPTED by the Monroe County Comprehensive Plan Land Authority at a regular meeting on this day of 2007. (Seal) ATTEST: Mark J. Rosch Executive Director Approved for Legal Sufficiency Larry R. Erskine MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY Charles "Sonny" McCoy Chairman LAND AUTHORITY GOVERNING BOARD AGENDA ITEM SUMMARY Meeting Date: April 18, 2007 Division: Land Authority Bulk Item: Yes No X Contact / Phone #: Mark Rosch / 295-5180 Agenda Item Wording: Approval to purchase Block 10, Lots 1 and 2, Bowens Addition to Riviera Village for ROGO Administrative Relief. Item Background: This acquisition is proposed pursuant to County Commission Resolution 609-2006 to provide administrative relief under ROGO (the rate of growth ordinance). The subject property consists of two contiguous lots zoned Improved Subdivision (IS) totaling 13,844 square feet on Pompano Drive near MM 105 on the bayside of Key Largo. The property consists of tropical hardwood hammock and is designated Tier 3-A Special Protection Area. The property owner has been unsuccessful in competing for a ROGO allocation to build a single family home and applied for administrative relief. Resolution 609-2006 states the property owner is eligible for administrative relief in the form of a purchase offer and requests the Land Authority to make that offer. The proposed purchase price is the property's appraised value of $150,000. The Land Authority's standard purchase contract will be used in this transaction. The agenda packet spreadsheet lists the estimated closing costs. Advisory Committee Action: On January 24, 2007 the Land Authority Advisory Committee voted 5/0 to approve this item. Previous Governing Board Action: Sitting as the BOCC, the Board approved Resolution 609-2006 on November 15, 2006. Contract/Agreement Changes: N/A Staff Recommendation: Approval Total Cost: $153,460 Budgeted: Yes X No Cost to Land Authority: $153,460 Source of Funds: Land Authority (Tourist Impact Tax and State Park Surcharge) Approved By: Attorney X County Land Steward X . Documentation: Included: X To Follow: Not Required: Disposition: Agenda Item P ro pe rty Block 10, Lots 1 and 2 Bowen's Addition to Riviera Village (Parkinson) Purchase Price $150,000.00 PURCHASE CONTRACTS 04/18/07 Envr. Audit, Survey Title Attorney Recording Total or Clean-up Insurance Fee Fee Costs $2,000.00 $950.00 $500.00 $10.00 $153,460.00 RESOLUTION N0.609_2006 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING ADMINISTRATIVE RELIEF FOR DEAN PARKINSON ON THE PROPERTY DESCRIBED AS BLOCK 10 LOTS 1 & 2, BOWENS ADDITION RIVIERA VILLAGE, KEY LARGO, RE #00512580-000000 & 00512580-000100. WHEREAS, Dean Parkinson (hereinafter "Applicant') submitted an application for administrative relief under Sec. 9.5-122.2(f) of the Monroe County Land Development Regulations, and WHEREAS, the Monroe County Board of County Commissioners makes the following findings of fact and conclusions of law; and 1. Applicant's application for administrative relief is for Block 10, Lots 1 & 2, Bowens Addition Riviera Village, Key Largo, RE#00512580-00000 & 00512580-000100 (hereinafter "subject property'). 2. Applicant applied for a building permit on July 08, 2002 and a Rate of Growth Ordinance (ROGO) allocation on October 09, 2002 for the subject properties. 3. Section 9.5-122.2(f) of the Monroe County Code provides a mechanism whereby an applicant who has not received an allocation award in ROGO may apply to the Board of County Commissioners for administrative relief. 4. The applicant applied for administrative relief on January 09, 2006. 5. Applicant's ROGO allocation application has been in the ROGO system for three (3) of the last four (4) annual allocation periods and therefore qualifies for administrative relief under Section 9.5-122(f)(1)c of the Monroe County Code. 6. Applicant's ROGO allocation application has been in the ROGO system for at least four (4) consecutive years and therefore qualifies for administrative relief under Policy 101.6.1 of the Monroe County Year 2010 Comprehensive Plan, 7. The Board of County Commissioners (BOCC) has the authority to grant administrative relief under Section 9.5-122.2(f)(6) of the Monroe County Code to qualified applicants and may gram the applicant a ROGO allocation, offer to purchase the property at fair market value, or provide such other relief as may be necessary and appropriate. 8. Policy 101.6.6 of the Monroe County Year 2010 Comprehensive Plan calls for the Board to base the acquisition decision for administrative relief applications on the property's environmental sensitivity per Policy 101.6.5. 9. The acquisition criteria in Policy 101.6.5 of the Monroe County Year 2010 Comprehensive Plan include the environmental sensitivity of the vegetative habitat on the subject property. AMMSTRAUVE RELIEF RESOLUTION Page l of 3 BASSI, RE#00500930.000000 10. The subject property consists of low elevation low quality tropical hardwood hammock. Based on this classification, the subject property received negative two (-2) environmental points for an environmental total of negative two (-2) points in the ROGO system evaluation criteria. The subject property is also designated as a Tier 3A Special Protection Area in the proposed Tier system. 11. Board of County Commissioners Resolution #223-2004 directs staff to identify small parcels with indigenous hammock or pinelands that are ineligible for purchase by the State with Florida Forever funds, limit the issuance of permits for clearing on said parcels, and recommend said parcels for purchase by the Monroe County Land Authority. 12. The subject property is in an area of indigenous hammock that is ineligible for purchase by the State with Florida Forever funds. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: 1. Applicant Dean Parkinson has met the requirements to receive administrative relief for Block 10, Lots 1 & 2, Bowens Addition of Riviera Village, Key Largo. 2. In accordance with Policy 101.6.5, 101.6.6, and BOCC Resolution 223-2004, the appropriate form of administrative relief for this application is an offer to purchase. The issuance of a ROGO allocation would be inconsistent with the Monroe County Year 2010 Comprehensive Plan and BOCC Resolution 223-2004. 3. The Monroe County Land Authority is requested to have the subject property appraised and subsequently make an offer to purchase same. [The remainder of this page is blank.) ADMINISTRATIVE RELIEF RESOLUTION Page 2 of 3 BiMIL, RE#00500930.000000 4. In the event Applicant declines the above referenced purchase offer, Applicant will retain the right to remain in the ROGO system and continue competing for an allocation. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 15 th day ofNOVEHBER 2006. Mayor Charles "Sonny" McCoy YES Mayor Pro Tern, Dixie Spehar YES Commissioner George Neugent YES Commissioner Mario Di Genarro YES Commissioner Silvia Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE C99NTY, FLORIDA BY Mayor Chad s "Sonny" McCoy (SEAL) ATTEST: D L. KOLHAGE, CLERK MONROE COUNTY ATTOR ..•. AP ROVED O FO D ERK RY D. ,SANDERS ISTANT COUNTY ATTORI ao G a- cf: o r =. CD W -JLo =tea: LL _0 o C: ate+ ADMAIiBTRATn E RELIEF RESOLUTION Page 3 of 3 BASSIL, RE#00500930.000000 .ri