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Item F2County of Monroe A BOARD OF COUNTY COMMISSIONERS Mayor George Neugent, District 2 The Florida. Key y w ) �i� Mayor Pro Tern David Rice, District 4 �r Danny L. Kolhage, District I Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting April 12, 2017 Agenda Item Number: F2 Agenda Item Summary #2843 BULK ITEM: No DEPARTMENT: Land Authority Governing Board TIME APPROXIMATE: STAFF CONTACT: Charles Pattison (305) 295 -5180 9:15 AM Land Authority AGENDA ITEM WORDING: Approval of the 2017 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 over the course of the year as well. The Advisory Committee has prepared the attached list for 2017 after holding public meetings on January 25, 2017 and March 22, 2017. 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 ". 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 22, 2017 the Committee voted 3/0 to approve and forward the list to the Governing Board. PREVIOUS RELEVANT BOCC ACTION: The Board has approved an Acquisition List each year since the Land Authority was established. CONTRACT /AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: 2017AcquisitionList 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: If yes, amount: REVIEWED BY: Charles Pattison Completed 03/28/2017 10:18 AM Kathy Peters Completed 03/28/2017 8:28 PM Board of County Commissioners Pending 04/12/2017 9:00 AM MONROE COUNTY LAND AUTHORITY 2017 ACQUISITION LIST Note: This Acquisition List incorporates by reference the Florida Keys Stewardship Act that took effect on July 1, 2016, the recently adopted land acquisition priorities in Policy 102.4.2 of the Comprehensive Plan adopted by the County Commission on April 13, 2016, and the Memorandum of Understanding between DEP and Monroe County dated November 21, 2016. Property Acquisition Objectives Intended Development Ultimate Owner / Manager PROPERTY IN FLORIDA KEYS AREA OF CRITICAL STATE CONCERN Property Designated Tier 3 Property Rights Protection None MCLA, Local, State, or With Significant Habitat or Retire Development Rights Federal Government Connectivity Environmental Protection Property Designated Tier 1, Property Rights Protection None MCLA, Local, State, or Tier 2, or Tier 3 -A Environmental Protection Federal Government Big Pine HCP Mitigation Property Eligible for ROGO Property Rights Protection None MCLA, Local, State, or Administrative Relief Environmental Protection Federal Government Property Impacted Property Rights Protection None MCLA, Local, State, or by Local Government Environmental Protection Federal Government Regulations Property Within Environmental Protection None MCLA, Local, State, or Florida Forever Projects Property Rights Protection Federal Government The MCLA Advisory Committee will consider adding to the Acquisition List, on a case -by -case basis, affordable housing sites to be acquired by government partners provided the sites are not located in a V flood zone and do not include environmentally sensitive habitat or possible wetlands. Favorable factors in the analysis and consideration of affordable housing sites will include the record of the partner in the project; quality of the project; ability of the project to serve individuals, couples and families; leverage from additional non -MCLA funds brought to the project; and the MCLA funds price per unit. PROPERTY IN KEY WEST AREA OF CRITICAL STATE CONCERN Eisenhower Apartments Affordable Housing Affordable Housing KWHA The MCLA Advisory Committee will consider adding to the Acquisition List, on a case -by -case basis, affordable housing sites to be acquired by government partners provided the sites do not include environmentally sensitive habitat or possible wetlands. Favorable factors in the analysis and consideration of affordable housing sites will include the record of the partner in the project; quality of the project; ability of the project to serve individuals, couples and families; leverage from additional non - MCLA funds brought to the project; and the MCLA funds price per unit. Comp Plan land acquisition policy revisions adopted 4/13/16 IMPORTANT REVISION to Land Authority's statutory charge included in 2016 Keys Stewardship bill (HB447) to purchase land for environmental protection, public access or recreational facilities, habitat for wildlife, affordable housing, access to management of acquired lands and now to prevent or satisfy private property rights claims resulting from limitations imposed by the designation of an area of critical state concern. Objective 102.4 Monroe County in shall maintain prepare a Land Acquisition Master Plan containing for securing funding, and containing non - purchase options and strategies. Policy 102.4.1 The Monroe County Land Acquisition Master Plan shall be maintained by the Monroe County Land Authority in cooperation with the Growth Management Division and other responsible federal and state agencies. Monroe County shall encourage the State to target the acquisition of Tier l designated lands within the state's acquisition boundaries. Monroe County shall encourage the federal government to target the acquisition of lands containing suitable habitat for species listed under the Endangered Species Act. Policy 102.4.2 The Land Authority and the Growth Management Division shall identify the types of lands which shall be considered for acquisition. These shall include the following priorities for acquisition: Priority One* 11 Lands designated as Tier I (Natural Areas) 0 Lower Keys marsh rabbit habitat and buffer area, as adopted with the Big Pine Key & No Name Key (BPK/NNK) Habitat Conservation Plan (Figure 2.2) and Incidental Take Permit 0 Lands containing known populations of federally- designated wildlife species Priority Two* U Lands designated as Tier 1I (BPK/NNK) 0 Lands designated as Tier 1II -A 0 Lands designated as Tier III for the retirement of development rights & hurricane evacuation clearance times 0 Lower Keys marsh rabbit focus area & buffer (excluding BPK/NNK)' (Permit Referral Process required by USFWS and FEMA) 0 Silver rice rat focus area & buffer' (Permit Referral Process required by USFWS and FEMA) Priority Three* 0 Lands designated as Tier III for employee and affordable housing C Lands with areas of deteriorated infrastructure where the cost of maintaining and /or repairing the infrastructure exceeds the value of private lands (developed or undeveloped) 0 Lands for potential recreational /park development & expansion (public access) 0 Lands within the FEMA "V" Zones (purchase parcels within V Zone to encourage growth away from more vulnerable areas) [see NOTE] Priority Four* ❑ Key Largo wood rat & cotton mouse buffer areas' (Permit Referral Process required by USFWS and FEMA) ❑ Adaptation action area? or lands in more "interior" locations for transitioning public facilities & directing development [see NOTE] ❑ Lands within the Coastal High Hazard Area (CHI-IA)' ❑ Lands subject to saltwater inundation under the assumption of 3 inches to & 7 inches by 2030 [see NOTE] Criteria for the ranking of land acquisitions within the four priority areas shall include: 1) Consideration of the carrying capacity of the natural and man -made systems in the Florida Keys to continually accommodate further development, including hurricane evacuation clearance times. 2) The size and the location of the property and surrounding land uses, including management status (adjacent ownership, consolidation of parcels for management feasibility, maintenance costs, diversity of habitats, and the provision of habitat buffers). 3) The habitat type on the property with preference given to: a. Hardwood hammock & pinelands (upland habitats) b. Undisturbed wetlands c. Disturbed wetlands 4) Minimization of fragmentation of habitats (edge effect) and potential for successful restoration, if within a larger hammock area 5) Percent of land surrounding the property that is already under public ownership. ' United States Federal Emergency Management Agency (FEMA) and United States Fish and Wildlife Service (FWS) required Monroe County to implement Permit Referral Process (PRP) to avoid impacts on federally listed (threatened or endangered) species. Focus and buffer areas are areas of potentially suitable habitat for nine federally protected species (Eastern indigo snake, Key deer, Key Largo cotton mouse, Key Largo woodrat, Key tree cactus, Lower Keys marsh rabbit, Schaus swallowtail butterfly, silver rice rat, and Stock Island tree snail), as defined within the Biological Opinion issued by FWS on April 30, 2010. ? Adaptation action area means one or more areas that experience coastal flooding due to extreme high tides and storm surge, and that are vulnerable to the related impacts of rising sea levels for the purpose of prioritizing funding for infrastructure needs and adaptation planning. 'The Coastal High- Hazard Area is the area below the elevation of the category 1 storm surge line as established by a Sea, Lake, and Overland Surges from Hurricanes (SLOSH) computerized storm surge model. * Priorities will be re- evaluated for recently federally listed species. NOTE: It should be noted that the science examining the impacts of climate change and sea level rise is still evolving and the County may want to consider postponing the acquisition priorities on this issue until a future date.