Item F5BOARD OF COUNTY COMMISSIONERS
C ounty of M onroe A(I Mayor George Neugent, District 2
Ile Florida Keys 4� �� m i =U, Mayor Pro Tem David Rice, District 4
l Danny L. Kolhage, District I
„ Y
„; ° W Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
June 21, 2017
Agenda Item Number: F.5
Agenda Item Summary #3067
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 a resolution authorizing the payment of 50% of the
purchase price of four Florida Forever sites being acquired by the Board of Trustees of the Internal
Improvement Trust Fund of the State of Florida.
ITEM BACKGROUND: Monroe County has taken many steps to encourage the State of Florida to
resume purchasing conservation land in the Keys, including offering local match funds, proposing an
amendment to the Monroe County Land Authority (MCLA) statute, entering into a memorandum of
agreement (MOA) with the State, establishing an interlocal agreement (ILA) between the Board of
County Commissioners (BOCC) and MCLA, and engaging in lobbying efforts. These measures are
now paying off. The State is now preparing to make its first four purchases of conservation land in
partnership with the County pursuant to the MOA. These purchases will be the State's first in the
Keys since acquiring the Johnson property in 2014/2015.
The four sites to be acquired are located on Key Largo (North Key Largo and Tavernier) and on
Long Key and consist of eight parcels totaling over five acres. The purchase prices range from
$20,000 to $190,000 and total $300,000. In addition to protecting environmentally sensitive land,
these acquisitions will retire nine transferable development rights. Working in partnership with the
State, County staff has performed many of the activities necessary to position the State to make these
purchases, including preparing letters of understanding, gathering information from the sellers,
obtaining title commitments, obtaining appraisals, making purchase offers, and preparing purchase
agreements. The proposed resolution authorizes MCLA to pay 50% of the purchase price for each
site, totaling $150,000 for the four sites.
ADVISORY COMMITTEE ACTION: On May 31, 2017 the Committee voted 4/0 to recommend
approval of this resolution.
PREVIOUS RELEVANT BOCC ACTION: Sitting as the BOCC, the Board offered a 50% local
match on 2/19/14, approved the MOA with the State on 10/19/16, and approved the ILA with
MCLA on 10/19/16.
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Resolution
LOUsitel
LOUsite2
LOUsite3
LOUsite4
LocalMatchLetter
MOA
ILA
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 06/05/2017 11:31 AM
Kathy Peters Completed 06/06/2017 6:37 PM
Board of County Commissioners Pending 06/21/2017 9:00 AM
RESOLUTION NO.
A RESOLUTION OF THE MONROE COUNTY
COMPREHENSIVE PLAN LAND AUTHORITY AUTHORIZING
THE PAYMENT OF 50% OF THE PURCHASE PRICE OF FOUR
FLORIDA FOREVER SITES BEING ACQUIRED BY THE BOARD
OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST
FUND OF THE STATE OF FLORIDA.
WHEREAS, on October 19, 2016 the Monroe County Board of County Commissioners
(hereinafter "BOCC ") approved entering into a Memorandum of Agreement (hereinafter "MOA ")
with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida
(hereinafter "State ") to encourage the State to purchase conservation land in the Keys; and
WHEREAS, said MOA establishes a framework for the County to partner with the State's agent,
the Florida Department of Environmental Protection (hereinafter "DEP "), on the purchase of
Florida Forever properties within the Florida Keys in a cooperative and coordinated manner;
and
WHEREAS, on October 19, 2016 the BOCC also entered into an Interlocal Agreement with the
Monroe County Comprehensive Plan Land Authority (hereinafter "MCLA ") authorizing MCLA to
act as the BOCC's agent in the acquisition of Florida Forever and other eligible properties; and
WHEREAS, section 380.0666 of the Florida Statutes authorizes MCLA to contribute funds to
DEP for the purchase of lands by the Department; and
WHEREAS, pursuant to said MOA and ILA, DEP is preparing to close on the purchase of the
Florida Forever sites shown in Exhibit A; and
WHEREAS, on May 31, 2017, the MCLA Advisory Committee considered this resolution and
voted 4/0 to recommend approval; NOW, THEREFORE,
BE IT RESOLVED BY THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY
that MCLA is hereby authorized to pay 50% of the purchase price of the four Florida Forever
sites being acquired by the State as shown in Exhibit A.
PASSED AND ADOPTED by the Monroe County Comprehensive Plan Land Authority at a
regular meeting on this day of June, 2017.
Commissioner Heather Carruthers _
Commissioner Danny Kolhage
Commissioner Sylvia Murphy
Mayor George Neugent
Chairman David Rice
(Seal)
ATTEST:
Charles G. Pattison
Executive Director
MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY
David P. Rice
Chairman
EXHIBIT A
Site 1
Legal
Description
Lots 103 and 104
Ocean Reef Shores
Key Largo
Ocean side
Off of CR -905
RE Number
Seller
Size
Zoning
Tier
Vegetation
Purchase Price
MCLA Share
00569041- 009000
00569041- 009100
Louise P. Story
a /ka /a Louise Woods
9,000 square feet
Improved Subdivision
Tier 1
Tropical hardwood
hammock
$36,000
$18,000
Site 2
Block 5, Lots 3 and 4
Gulfstream Shores
Key Largo
Ocean side
Off of CR -905
00565350- 000000
00565360- 000000
Royal Group
Investments, Inc.
15,000 square feet
Improved Subdivision
Tier 1
Exotics and tropical
hardwood hammock
$54,000
$27,000
TOTAL OF ALL PURCHASE PRICES $300,000
MCLA SHARE $150,000
Site 3
Metes and bounds
Tavernier
Key Largo
Ocean side
MM 92
00089560- 000000
Patricia L. Saunders
1.45 acres
Suburban Commercial
Tier 1
Tropical hardwood
hammock
$190,000
$95,000
Site 4
Metes and bounds
Long Key
Bay side
MM 69
00098530 - 000000
00098530 - 000101
00098530 - 000102
Dein P. Spriggs, Trustee
Dein P. Spriggs Profit
Sharing Trust
3.25 acres
Native Area
Tier 1
Buttonwood, salt marsh,
and mangrove
$20,000
$10,000
Land Acquisition Letter of Understandinz for FDEP
RE Number
00569041- 009100
Ke
List Price
Conservation Priority (CP) Score*
00569041- 009000
North Key Largo
Not on MLS
4.8
00569041- 009100
6/9/2016
$0
4.8
Sales History of Subject Property:
00569041- 009000
00569041- 009100
Sale Date
Price
Sale Date
Price
8/19/2016
$0
8/19/2016
$0
6/9/2016
$0
6/9/2016
$0
4/27/2016
$0
4/27/2016
$0
4/9/2016
$0
4/9/2016
$0
12/30/2015
$0
12/30/2015
$0
6/1/1982
12,500
6/1/1982
12,500
6/1/1979
12,000
3/1/1981
10,000
2/1/1973
10,000
Size of Site: Total size of parcels: Approx. 12,000 SF (0.275 acres)
Future Land Use Map (FLUM) Category: R,. , dei pis1 N I .di uni , R,N i
Land Use (Zoning) District: In -[,p3o ed Su' iav islior IS)
Development Potential on Site
Land Use Category
Density Standard
Max Development potential
RM FLUM + IS Zoning
1 DU per lot
dwelling units
(2 platted lots)
w/ 20% open space requirement
Transferrable Development Rights (TDRs)
RM FLUM + IS Zoning
1 DU per lot
TDR value = 2 TDRs
(2 platted lots)
w/ 20% open space requirement
Cost per dwelling unit using
n/a
Cost per TDR using MLS list price;
n/a'
MLS list price
Location: Valois Boulevard, Ocean Reef Shores North Key Largo
Address: Vacant Land 0
Description: Lot 103 Ocean Reef Shores Key Largo Plat Book 6 Page 75, North Key Largo, Monroe 2
County, Florida
Property Owner: Louise Story.
Size of Site: Approx. 0.275 acres 0
Future Land Use Map (FLUM) Category: R,.,1deiu1s1 Niedluni ,R Nib
RM has a density standard of I dwelling unit per lot and requires 20% open space 0
Land Use (Zoning) District: In - [,p3 o ed Su' is v islior IS) �
IS has a density standard of I dwelling unit lot and requires 20% open space
Tier Designation: i s t� N, j S
CD
Any defined geographic area where all or a significant portion of the land area is characterized as
environmentally sensitive. New development on vacant land is to be severely restricted and privately owned
vacant lands are to be acquired or development rights retired for resource conservation and passive recreation
purposes.
Flood Zone: AE -8 J
Existing Uses: Vacant ;
Existing Vegetation /Habitat: Hammock and water /submerged land E
Community Character of Immediate Vicinity: environmentally sensitive, State owned undeveloped
parcels surround the subject property
Ownership of Adjacent Properties: TllTF; parcel to the north: Margaret Dye (00569041- 007700)
Note: all land area figures, habitat designations, and density calculations in this document are approximate and are based on Property Appraiser
data and County GIS data. All calculations are subject to change pending signed and sealed surveys of upland area, wetlands, and habitat types.
*CP Score = an index value reflecting the relative conservation value of a parcel of land based on the extent of native upland habitat, endangered
species habitat and proximity to other public conservation lands (based on FDEP weighting of criteria.
Monroe County Ha
Ownership Map —
a
a
Note: all land area figures, habitat designations, and density calculations in this document are approximate and are based on Property Appraiser
data and County GIS data. All calculations are subject to change pending signed and sealed surveys of upland area, wetlands, and habitat types.
*CP Score = an index value reflecting the relative conservation value of a parcel of land based on the extent of native upland habitat, endangered
species habitat and proximity to other public conservation lands (based on FDEP weighting of criteria.
,il
...._.. .. �..,,» ..... ...................v._...._Y'PR 'LCYI.s! .. _., bdA.Y }�Y�G _.. ...._ ...
'� ' 'CV ✓ItS' .pa a# � dW M1l ��"bA - � i P � i � lA9 FtS
• Property is designated as a CBRS unit. The County discourages new developments proposed in units of the
CBRS, including the assignment of negative points in the permit allocation system. The County does not
allow the creation of new access via new bridges, new causeways, new paved roads or new commercial
marinas to or on units of the CBRS. Shoreline hardening structures, including seawalls, bulkheads, groins,
rip -rap, etc., are not permitted. The County discourages the extension of public facilities and services
provided by the FKAA and private providers of electricity and telephone service to undeveloped CBRS
units.
• The development of a dock, would require a principal use (house) and at least minus four (4) feet MLW
depths at the terminal end. The dock must have continuous access to open water at depths of minus four (4)
feet (MLW) or greater over a channel width of twenty (20) feet, or access to open water via a marked,
federally and state approved navigation channel.
• The County prohibits new dredging. Dredging could not be utilized to create access for a docking facility.
Note: all land area figures, habitat designations, and density calculations in this document are approximate and are based on Property Appraiser
data and County GIS data. All calculations are subject to change pending signed and sealed surveys of upland area, wetlands, and habitat types.
*CP Score = an index value reflecting the relative conservation value of a parcel of land based on the extent of native upland habitat, endangered
species habitat and proximity to other public conservation lands (based on FDEP weighting of criteria.
Property located on a plugged canal — no open water access
. %
S�
3
,il
...._.. .. �..,,» ..... ...................v._...._Y'PR 'LCYI.s! .. _., bdA.Y }�Y�G _.. ...._ ...
'� ' 'CV ✓ItS' .pa a# � dW M1l ��"bA - � i P � i � lA9 FtS
• Property is designated as a CBRS unit. The County discourages new developments proposed in units of the
CBRS, including the assignment of negative points in the permit allocation system. The County does not
allow the creation of new access via new bridges, new causeways, new paved roads or new commercial
marinas to or on units of the CBRS. Shoreline hardening structures, including seawalls, bulkheads, groins,
rip -rap, etc., are not permitted. The County discourages the extension of public facilities and services
provided by the FKAA and private providers of electricity and telephone service to undeveloped CBRS
units.
• The development of a dock, would require a principal use (house) and at least minus four (4) feet MLW
depths at the terminal end. The dock must have continuous access to open water at depths of minus four (4)
feet (MLW) or greater over a channel width of twenty (20) feet, or access to open water via a marked,
federally and state approved navigation channel.
• The County prohibits new dredging. Dredging could not be utilized to create access for a docking facility.
Note: all land area figures, habitat designations, and density calculations in this document are approximate and are based on Property Appraiser
data and County GIS data. All calculations are subject to change pending signed and sealed surveys of upland area, wetlands, and habitat types.
*CP Score = an index value reflecting the relative conservation value of a parcel of land based on the extent of native upland habitat, endangered
species habitat and proximity to other public conservation lands (based on FDEP weighting of criteria.
Property located on a plugged canal — no open water access
Land Acquisition Letter of Understandinz for FDEP
RE Number
Key Name
List Price
Conservation Priority (CP) Score*
00565350- 000000
Key Largo
$ 59,000.00
3.000
00565360- 000000
$100
59,000 00
3,000
Sales History of Subject Property:
RE# 00565350- 000000 (Lot 3)
RE# 00565350- 000000 (Lot 4)
Sales Date
Price
Sales Date
Price
10/22/2015
$100
10/22/2015
$100
6/1/1982
$27,500
6/1/1982
$45
10/1/1980
$15,000
10/1/1980
$40
Size of Site: Total size of parcels: Approx. 15,000 SF (0.34 acres)
Future Land Use Map (FLUM) Category: R,.,1deiu1s1 Niedluni ,R Ni)
Land Use (Zoning) District: In -[,prov Sur'di islion I S)
Development Potential on Site
Land Use Category
Density Standard
Max Development potential
RM FLUM + IS Zoning
1 DU per lot
dwelling units
(2 platted lots)
w/ 20% open space requirement
Transferrable Development Rights (TDRs)
RM FLUM + IS Zoning
1 DU per lot
TDR value = 2 TDRs
(2 platted lots)
w/ 20% open space requirement
Cost per dwelling unit using
$59,000
Cost per TDR using MLS list price;
$59,000
MLS list price
Location: North Key Largo
Address: 6 & 8 North Ocean Drive, Key Largo
Description: Block 5, Lots 3 & 4, Gulfstream Shores, P133 -16, Key Largo, Monroe County, Florida
Property Owner: Royal Group Investments Inc.
Tier Designation: i s t� N, I S
Any defined geographic area where all or a significant portion of the land area is characterized as
environmentally sensitive. New development on vacant land is to be severely restricted and privately owned
vacant lands are to be acquired or development rights retired for resource conservation and passive recreation
purposes.
Flood Zone: AE -8
Existing Uses: Vacant
Existing Vegetation /Habitat: Disturbed undeveloped land
Community Character of Immediate Vicinity: Vacant, State -owned undeveloped land and single C
family residences. N
Ownership of Adjacent Properties: Privately owned vacant parcels to the south; TIITF parcels to the
east and west. 0
a�
Note: all land area figures, habitat designations, and density calculations in this document are approximate and are based on Property Appraiser
data and County GIS data. All calculations are subject to change pending signed and sealed surveys of upland area, wetlands, and habitat types.
*CP Score = an index value reflecting the relative conservation value of a parcel of land based on the extent of native upland habitat, endangered
species habitat and proximity to other public conservation lands (based on FDEP weighting of criteria.
Note: all land area figures, habitat designations, and density calculations in this document are approximate and are based on Property Appraiser
data and County GIS data. All calculations are subject to change pending signed and sealed surveys of upland area, wetlands, and habitat types.
*CP Score = an index value reflecting the relative conservation value of a parcel of land based on the extent of native upland habitat, endangered
species habitat and proximity to other public conservation lands (based on FDEP weighting of criteria.
Monroe County Habitat Map Layer:
Land Acquisition Letter of Understandinz for FDEP
RE Number
Key Name
List Price
Conservation Priority (CP) Score*
00089560- 000000
Key Largo
$ 199,000.00
4.763
Sales History of Subject Property: 2/l/1977 for $125,000
Size of Site: Total size of parcel: Approx. 1.48 acres (all hammock habitat)
Future Land Use Map (FLUM) Category: Mixed [-
Land Use (Zoning)District Sul �f11.�n � Qf���inief';i.�d (')
Development Potential on Site
Land Use Category
Density Standard
Max Development potential
MC FLUM + SC Zoning
4 dwelling units
(1.48 acres)
3 DU per acre
(limited to employee housing or
Residential Uses: employee housing or
w/ 20% open space requirement
commercial apartments)
commercial apartments
MC FLUM + SC Zoning
6,430 SF low intensity
(64,309 SF)
Maximum floor area ratio = 0.10
commercial retail
Low Intensit Commercial Retail
Transferrable Development Rights (TDRs)
MC FLUM + SC Zoning
3 DU per acre
TDR value = approx. 4.44 TDRs
(1.48 acres)
Policy 101.5.6
In order to protect environmentally sensitive lands, the following development controls
shall apply to all hammocks,
pinelands, and disturbed wetlands within this land use category:
1. only low intensity commercial uses shall be allowed;
2. a maximum floor area ratio of 0.10 shall apply to nonresidential development; and
3. maximum net residential density shall be zero.
Cost per dwelling unit using
$49,750
Cost per TDR using MLS list price;
$44,819
MLS list pr ice
Location: On US in Tavernier, Key Largo, oceanside, near Mile Marker 92
Address: 92161 Overseas Highway, Key Largo
Description: A parcel within Sections 27 and 32, Township 62 South, Range 38 East, Key Largo,
Monroe County, Florida
Property Owner: Patricia Saunders
Tier Designation: i s I� N, I S
Any defined geographic area where all or a significant portion of the land area is characterized as
environmentally sensitive. New development on vacant land is to be severely restricted and privately owned
vacant lands are to be acquired or development rights retired for resource conservation and passive recreation
purposes. a
Flood Zone: AE -10, AE -11
Existing Uses: Vacant
Existing Vegetation /Habitat: Hammock
Community Character of Immediate Vicinity: mobile home parks to the southwest; undeveloped J
hammock parcels and single family residences to the southeast; undeveloped hammock parcels and ;
commercial development across US 1
Ownership of Adjacent Properties: Trinidad Mobile Home Park to the south; Privately owned single
family parcels (with areas of hammock) to the east; County owned parcels on US to the northwest.
Note: all land area figures, habitat designations, and density calculations in this document are approximate and are based on Property Appraiser
data and County GIS data. All calculations are subject to change pending signed and sealed surveys of upland area, wetlands, and habitat types.
*CP Score = an index value reflecting the relative conservation value of a parcel of land based on the extent of native upland habitat, endangered
species habitat and proximity to other public conservation lands (based on FDEP weighting of criteria.
Monroe County Habitat Map Layer:
Ownership Map — adjacent County Owned Lands:
Note: all land area figures, habitat designations, and density calculations in this document are approximate and are based on Property Appraiser
data and County GIS data. All calculations are subject to change pending signed and sealed surveys of upland area, wetlands, and habitat types.
*CP Score = an index value reflecting the relative conservation value of a parcel of land based on the extent of native upland habitat, endangered
species habitat and proximity to other public conservation lands (based on FDEP weighting of criteria.
Land Acquisition Letter of Understandinz for FDEP
RE Number
Key Name
List Price
Conservation Priority (CP) Score*
00098530- 000100
Long Key
Not on MLS
3.9
00098530- 000101
Long Key
3.4
00098530- 000102
Long Key
2.9
Sales History of Subject Property:
RE Number
Sales Histor
Density Standard
00098530- 000100
11/1/2001
S 18,500
11/16/1999
S 17,500
4/1/1991
S 1.00
00098530- 000101
11/1/2001
S 1.00
11/16/1999
S 1.00
4/1/1991
S 1.00
00098530- 000102
11/1/2001
S 1.00
11/16/1999
S 1.00
4/1/1991
S 17,100
Size of Site: Total size of parcel: Approximately 3.25 acres (all parcels), approximately 1.0 acre
mangroves
Future Land Use Map (FLUM) Category: i .,IdeiuI s1 ('Qfnse v srlon �
Land Use (Zoning) District N.� rl ve .A � N,\)
Development Potential on Site
Land Use Category
Density Standard
Max Development potential
RC FLUM + NA Zoning
(3.67 acres)
0.25DU /acre
0 dwelling units
Residential Uses: employee housing or
commercial apartments
Transferrable Development Rights (TDRs)
Uplands and undisturbed salt marsh and
Total of 2.24 acres uplands and
buttonwood wetlands are assigned
undisturbed salt marsh and
TDR value = approx. 0.56 TDRs
density only for use as TDRs.
buttonwood wetlands
Policy 102.1.1
...Allocated density (dwelling units per acre) shall be assigned to freshwater wetlands and undisturbed salt marsh and
buttonwood wetlands only for use as transferable development rights (TDRs) away from these habitats. Submerged lands,
salt ponds, freshwater ponds, and mangroves shall not be assigned any density or intensity.
Cost' per dwelling unit using
'
n/a
Cost per TDR using MLS list price;
n/a'
MLS
MLS list
Location: U.S. Highway 1 Bayside, approximate mile marker 69.1
Address: Vacant Land, Long Key
le
Description: Long Key Part of Government Lot 1, Tract 13 Lots 29, 30, 31 & 32 and Part of Tract 14
Lot 33, Long Key D
Property Owner: Dein P. Spriggs Trust 0
Tier Designation: i s I� N, I S
Any defined geographic area where all or a significant portion of the land area is characterized as °3
environmentally sensitive. New development on vacant land is to be severely restricted and privately owned
vacant lands are to be acquired or development rights retired for resource conservation and passive recreation
purposes.
Flood Zone: VE, AE -8, AE -9
Existing Uses: Vacant
Note: all land area figures, habitat designations, and density calculations in this document are approximate and are based on Property Appraiser
data and County GIS data. All calculations are subject to change pending signed and sealed surveys of upland area, wetlands, and habitat types.
*CP Score = an index value reflecting the relative conservation value of a parcel of land based on the extent of native upland habitat, endangered
species habitat and proximity to other public conservation lands (based on FDEP weighting of criteria.
Existing Vegetation /Habitat: Undisturbed buttonwood /salt marsh, mangrove and hammock.
Acreage of Native Habitats, Dein P. Spriggs Trust, Long Key
Parcel #
Salt Marsh
Mangrove
Hammock
Buttonwood
TOTAL
TDR's
00098530- 000100
0.303
0.086
0.087
0.684
1.16
0.27
00098530- 000101
0.479
0.017
0.019
0.135
0.65
0.16
00098530- 000102
0.498
0.902
0.039
1.44
0.13
TOTAL
1.28
1.01
0.11
0.86
3.25
0.56
Community Character of Immediate Vicinity: Undeveloped native areas (hammock, salt marsh and
mangrove) to the north and south, Florida Bay to the west and Atlantic Ocean to the east. A
partially disturbed vacant parcel is adjacent to the subject parcels on the south.
Ownership of Adjacent Properties: Privately owned parcels are adjacent to the subject parcels, State
and County owned conservation lands are located within 2,000 feet of the subject parcels.
Monroe County Habitat Map Layer:
a,
a
Note: all land area figures, habitat designations, and density calculations in this document are approximate and are based on Property Appraiser
data and County GIS data. All calculations are subject to change pending signed and sealed surveys of upland area, wetlands, and habitat types.
*CP Score = an index value reflecting the relative conservation value of a parcel of land based on the extent of native upland habitat, endangered
species habitat and proximity to other public conservation lands (based on FDEP weighting of criteria.
Ownership Map — adjacent Publicly Owned Lands:
Monroe County Land Use Maps (Zoning)
a
Note: all land area figures, habitat designations, and density calculations in this document are approximate and are based on Property Appraiser
data and County GIS data. All calculations are subject to change pending signed and sealed surveys of upland area, wetlands, and habitat types.
*CP Score = an index value reflecting the relative conservation value of a parcel of land based on the extent of native upland habitat, endangered
species habitat and proximity to other public conservation lands (based on FDEP weighting of criteria.
Monroe County Land Use Maps (FLUM)
Aerial of subject
a
Note: all land area figures, habitat designations, and density calculations in this document are approximate and are based on Property Appraiser
data and County GIS data. All calculations are subject to change pending signed and sealed surveys of upland area, wetlands, and habitat types.
*CP Score = an index value reflecting the relative conservation value of a parcel of land based on the extent of native upland habitat, endangered
species habitat and proximity to other public conservation lands (based on FDEP weighting of criteria.
4-
LL
► REC EIVED MAR 0 3 2014
County of Monroe
�=
February 19, 2014
Mr. Hank Vinson
Staff Director
Acquisition and Restoration Council
Office of Environmental Services
Division of State Lands
Florida Department of Environmental Protection
3900 Commonwealth Blvd. MS 100
Tallahassee, FL 32399
BOARD OF COUNTY COMMISSIONERS
Mayor Sylvia J. Murphy, District 5
Mayor Pro Tern, Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
David Rice, District 4
CRITICAL STA'L'E CONCERN
Mr. Vinson;
As you know, there were three (3) Florida Forever projects in the Florida Keys included in the
Board of Trustees April 24, 2012 approved Florida Forever Priority List. In fact, the Florida Keys
Ecosystem is the top ranked project in the Climate Change Lands category, a ranking that this
project has maintained for several years. The other Florida Forever projects in the Keys are the
North Key Largo Hammocks and the Coupon Bight/Florida Key Deer projects. All three of these
projects typify the environmentally sensitive lands that the Florida Forever and predecessor
programs were created to protect. The Division of State Lands has recognized the importance of
these resources to the State of Florida by purchasing conservation lands in the Keys with each
successive acquisition program, with over 1,600 individual transactions under the P -2000 and
Florida Forever programs. Unfortunately, even with this effort, the State of Florida and Monroe
County could still 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. 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 ($7,755,104) within the ARC 2013 -2014
Interim Work Plan and
• Fully fund the Key Deer /Coupon Bight project ($8,607,459) within the ARC 2013 -2014
Interim Work Plan and
• Acquire military buffer lands within the NAS Key West Military Installation Area of
Impact Overlay (up to $36M)
We understand that these projects did not qualify for funding due to the budget provisions included
in Chapter 2013 -40, L.O.F. and in 2013 SB 1500. However, Monroe County is committed to a
50% match of Florida Forever funding if the above legislation is amended to allow continued land
Page I of 2
q ;1 % 51 4uewAed eq4 Buizijoq4ne uognlos a a 1o' noadd : ) a x - Jqo ' oo :4u9wq3e44V
LL
Hank Vinson
February 19, 2014
Page Two
acquisition in the Florida Keys. Monroe County anticipates budgeting up to $2,000,000 (50% of
remaining private, vacant land in the Florida Keys Ecosystem and Key Deer Coupon Bight
projects is estimated at $8,181,281) as matching funds, if needed based on statutory requirements,
towards Florida Forever acquisitions if a matching local contribution is required for funding.
We are further committed to attending the ARC meeting in August 2014 and the meeting of the
Governor and Cabinet in September 2014 to voice our support of including these projects in the
work plan.
Monroe County looks forward to continuing our long term partnership with the State in the
acquisition of conservation lands.
Sincerel -------- -
t ,
or Sylvia J. , rphy
cc: Holly Merrill Rashcein, Representative Florida House of Representatives
Danny Kolhage, Mayor Pro Tem
Heather Carruthers, Commissioner
George Neugent, Commissioner
David Rice, Commissioner
Roman Gastesi, County Administrator
Robert Shillinger, County Attorney
Christine Hurley, Growth Management Division Director
Mark Rosch, Land Authority Director a!
Lynda Godfrey, Bureau Chief, Florida DEP Division of State Lands
Any Phillips, Sr. Acquisition Review Agent, Florida DEP Division of State Lands
Marianne Gengenbach, Environmental Administrator, DEP Division of State Lands
William Killingsworth, Director of Community Development, Florida DEO
Rebecca Jetton, Area of Critical State Concern Administrator, Florida DEO
Ana Richmond, Community Program Manager, Florida DEO
Page 2 of 2
L3 WWWLM" I
MONROE COUNTY
[no I
1. Intent of the Parties. The above recitals are true and correct and are incorporated herein
b- the reference. The yartie intend :reement between them
s
as authorized and contemplated by Rule 18-1.014, Florida Administrative ode. This Agreement
C2
supersedes any and all prior agreements, arrangements, or delegations between the parties related to the
subject matter described herein.
USMUM.
4. PEg �uisitjon Costs ShaELnj-
1 %gMr t wm o [I R I
Twilil iiiii 1, I'll ill lim,
MMIM.,
Costs and submit to DSL an affidavit signed by legal counsel for the County certifying that all Pre-
Acquisition Cost% were actual, reasonable and legally incurred.
f. DSL's Real Estate Broker. County understands and agrees that DSL may
contract by separate agreement with a real estate broker to make offers on behalf of Trustees to acquire
parcels for the Trustees within the Projects for pre-determined amounts, perform document preparation in
conjunction with DSL and title and closing service vendors, and arrange execution of conveyance
docurnents for select parcels within the Projects.
5. Appraisal Mapmim. The parties acknowledge that DSL has provided certain maps for
the Projects. County assumes responsibility for providing at its sole cost all additional appraisal maps
necessary or appropriate for use in prepanng appraisals in compliance with the procedures and
requirements set forth in section 253.025, Fla. Stat., and Rule 18-1,006, Fla. Admin. Code. The appraisal
inaps shall be reviewed and approved by DSL before County proceeds with appraisals,
6. Appraisals.
a. Generally. County will acquire at its cost such number of appraisals (including
timber cruises as appropriate) as are required under the provisions of section 253.025(8), Fla. Stat., and
Rule 18-1.006, Fla. Admin. Code.
b. Communication Protocol. In order to protect the integrity of the appraisal
1�rocess and all of the Tarties to the yroyosed acvuisition., a Communication Protocol will exist between all
d parties and the selected appraiser(s). This Communication Protocol should be inserted into all
appraisal contracts or appraisal agreements for the project, as follows:
UMFIMMI
MMML
12. Proiect Management. County or its agent shall, no less than monthly or upon request
by DSL, provide selected project information to DSL for each parcel acquisition covered by this
Agreement. The selected project information and the format for delivery oft information to DSL shall
be determined by DS L to assure consistency with current and proposed DSL data systems development.
13. Legislative Appropriation. The State of Florida's and the m « « »« 2i« « »: »4
£ « »§.;4»: under this Agreement is contingent upon an annual appropriation by the Legislature.
0
14. Notice Provision.
HMOMM
Division of State Lands
Attention to Division Director
State of Florida Department of
Environmental Protection
3900 Commonwealth Blvd., NIS I I
33
Mriwpivr , , -
#, « irnonton Street
Key Wst Fl
e, o id
ra 040
305.292.4441 1
zM3M
Tallaha�see, FL 32399
(850) 245-2555
15. Amendment. This Agreement ma he auwndcd from time to time in writing executed
by both parties.
MONROE COUNTY, FLORIDA,
a political subdivision of the
State of Florida
z e
BOAR",' , F TIZUSTEL-
IMPROVEMENT TRUST FUND OF THE
STATE OF FLORIDA
By.
Printed/Typed Name
I ("1 .9. 1 -
re- C- P si " "3 0' �
As its: 0 1 1
Title o D c
6L_c, Gr arcf on beVw1q,,4-
0 0 r I J4,
i P
Key Largo Hammocks Florida Forever Projects.
03M
The under Nigned County %taff agree to maintain the confidentiality of appraisal information and
nemotiations concerning. the -parcels
Board of Trustees of the Internal Improvement Trust Fund for those parcels, as required by Section
253.025, F.S., and Chapter I& I i F.A.C,, and by this Confidentiality Agreement,
Date
- I I I I I
Bob Shi[linger
Rozers,
Charles G, Pattison
Adele V.
Christine Hurfev
MFl te Santamaria
03M
INTERLOCAL AGREEMENT BETWEEN THE MONROE COUNTY LAND AUTHORITY
AND THE MONROE COUNTY COMMISSION AUTHORIZING THE LAND AUTHORITY TO
ACT AS THE COUNTY COMMISSION'S AGENT IN THE ACQUISITION OF INFILL
PROPERTIES FOR DENSITY REDUCTION, FLORIDA FOREVER PROJECT PROPERTIES,
AND FOR OTHER GOVERNMENTAL PURPOSES
This Interlocal Agreement ( "Agreement ") is made and entered into this 19th day of October,
2016, by and between the Board of County Commissioners of Monroe County, Florida ( "BOCC ") and
the Monroe County Comprehensive Plan Land Authority ( "MCLA ") in order to establish mutual
agreements regarding the acquisition of properties in the name of the BOCC through the assistance of the
MCLA and its staff including but not limited to infill properties acquired for density reduction purposes;
properties located within the Florida Forever Project boundaries in cooperation with the Florida
Department of Environmental Protection; and/or properties acquired for other governmental purposes.
WHEREAS, the State of Florida through the Florida Keys Area Protection Act has identified the
State's intent to ensure that the population of the Florida Keys can be safely evacuated in the event of a
hurricane. Fla. Stat. § 380.0552(2)(j); and
WHEREAS, the State of Florida through Florida Keys Area of Protection Act has determined
that one of the guiding principles shall be protecting the public health, safety, and welfare of the citizens
of the Florida Keys and maintaining the Florida Keys as a unique Florida resource. Fla. Stat. §
380.0552(7)(n); and
WHEREAS, the Florida Keys Area of Protection Act has established the goals, objectives, and
policies to protect public safety and welfare in the event of a natural disaster by maintaining a hurricane
evacuation clearance time for permanent residents of no more than 24 hours. Fla. Stat. §
380.0552(9)(a)(2); and
WHEREAS, the State of Florida has designated the Florida Keys as an Areas of Critical State
Concern. Fla. Stat. § 380.0552, ( "Keys ACSC" ); and
WHEREAS, the State of Florida has provided a means whereby each county in which one or
more areas of critical state concern are located is authorized to create, by ordinance, a public body
corporate and politic, to be known as a land authority to fulfill the purposes of the act. Fla. Stat §
380.0663(1); and
WHEREAS, the State of Florida has provided that the land authority may acquire and dispose of
real property or any interest therein when such acquisition is necessary or appropriate to prevent or
satisfy private property rights claims resulting from limitations imposed by the designation of an area of
critical state concern. Fla. Stat. § 380.0666(3); and
WHEREAS, Monroe County has adopted such an ordinance creating Monroe County =�
Comprehensive Plan Land Authority ( "MCLA ") and granting it the power to do any and all things
as
necessary or convenient to carry out the purposes of such an ordinance. Monroe County Code Sec. 2 -397;
2 -398; and
WHEREAS, the State of Florida has, in its last legislative session, created a new classification
of properties which may be purchased by MCLA to include parcels which are highly developable infill
Page 1 of 5
properties to reduce the rate of development in the Florida Keys ( "Infill Density Reduction Properties" or
"IDR Properties ") Fla. Stat. § 380.0666(3); and
WHEREAS, Monroe County is negotiating a Memorandum of Agreement for Florida Forever
Keys Projects ( "MOA Florida Forever Keys Projects ") with Florida Department of Environmental
Protection ( "FDEP ") for the acquisition by the County and joint acquisition by the County and the State
of properties located within the Florida Forever Project boundary including but not limited to property in
the Florida Keys Ecosystem, Coupon BightlKey Deer, and North Key Largo Hammocks in accordance
with Chapter 259, Florida Statutes, ( "Florida Forever Project Properties" or "Florida Forever
Properties "); and
WHEREAS, Monroe County has adopted a Rate of Growth Ordinance ( "ROGO "), as set forth
in Chapter 138 of the Monroe County Land Development Code, with the stated purpose of protecting the
residents, visitors and property in the county from natural disasters, specifically including hurricanes by
limiting the annual amount and rate of residential development commensurate with the county's ability to
maintain a reasonable and safe hurricane evacuation clearance time; and
WHEREAS, ROGO permit allocations are currently limited, by rule promulgated by the Florida
Administrative Code Rule 28- 20.140, to 197 permits per year for Monroe County with an anticipated
build out of all available permits for the Florida Keys by the year 2023. Monroe County Code Sec. 138-
24; and
WHEREAS, ROGO is implemented through a tier system whereby real property is divided into
three tiers establishing criteria for the evaluation of real property for the building permit application
process within Monroe County. The most highly developable infill properties are designated as Tier III
properties. Monroe County Code Sec. 138 -28; and
WHEREAS, there are currently approximately 8,000 undeveloped, privately owned parcels,
with over 3,000 of these undeveloped, privately owned parcels designated as Tier III properties in
Monroe County; and
WHEREAS, due to the limitations on the number of ROGO allocations imposed by the State of
Florida, Monroe County may be unable to issue building permits for all of the undeveloped privately
owned parcels, in Monroe County; and
WHEREAS, in order to reduce the potential liability of Monroe County for property rights
claims and to address the corresponding potential impacts on the County's hurricane evacuation
clearance times, the BOCC desires to purchase a category of property known as IDR Properties
consisting of buildable undeveloped privately owned parcels designated Tier III, which properties have
little or no connectivity to conservation lands and little or no habitat value; and
WHEREAS, IDR Properties will likely require additional management including maintenance,
mowing and trash removal not normally required for conservation Iands; and =�
as
WHEREAS, the MCLA has not traditionally provided such land management services and is not
equipped to administer such land management and IDR Properties are not suited for management as
conservation lands and therefore are not suited for inclusion in the MCLA's inventory of conservation
lands; and
Page 2 of 5
WHEREAS, the MCLA is empowered to engage the services of private consultants on a
contract basis for rendering professional and technical assistance and advice when purchasing real
property. Fla. Stat. § 305.0666(9); and
WHEREAS, the BOCC serves as the governing board of MCLA. Fla. Stat. § 380.0663(1); and
WHEREAS, the BOCC has the management services available through Monroe County's
Department of Project Management and Facilities to provide the land management services required for
the IDR Properties; and
WHEREAS, separate and apart from its desire to purchase IDR properties, the BOCC also
desires to work cooperatively with the FDEP to purchase Florida Forever Properties as set forth in the
MCA Florida Forever Keys Projects for the purposes of preserving environmentally sensitive lands and
for the purposes of reducing the State and County's potential exposure to property rights claims; and
WHEREAS, in furtherance of that desire, the Board is negotiating the above - referenced
memorandum of agreement with FDEP regarding the Florida Forever Keys Projects; and
WHEREAS, the parties hereto desire to establish an efficient and effective method by which
MCLA may act as the BOCC's purchasing agent of IDR Properties and/or Florida Forever Properties;
and
WHEREAS, the MCLA is authorized to take the lead in negotiating the acquisition of IDR
Properties and/or Florida Forever Properties, ordering pre - acquisition due diligence products including
but not limited to; appraisals, boundary surveys, title search products, environmental assessments and any
other inspections required in order to facilitate the BOCC's acquisition of these properties; and
WHEREAS, the parties hereto desire that title be taken for properties acquired by the County
through the assistance of the MCLA under this agreement in the name of the BOCC and/or the BOCC
and the State with land management services for IDR Properties to be provided by Monroe County's
Department of Project Management and Facilities.
WHEREAS, it is the parties intent that nothing in this agreement shall prevent the MCLA from
working cooperatively with the FDEP on acquisitions of qualifying properties under the existing statutes,
regulations, and ordinances governing land acquisitions by both entities.
NOW THEREFORE, the parties agree as follows:
SECTION 1: The above recitals are true and correct and are incorporated herein by reference. The
parties intend for this Agreement to serve as an acquisition agreement between the MCLA and the
BOCC.
J
SECTION 2: MCLA is authorized to act as a purchasing agent for the BOCC in the acquisition of IDR
Properties, Florida Forever Properties and properties for governmental purposes. MCLA may engage the
services of private consultants on a contract basis for rendering professional and technical assistance and
advice to satisfy any and all necessary due diligence for the pre - acquisition of IDR Properties and/or
Florida Forever Properties including but not limited to, appraisals, boundary surveys, title search
products, environmental assessments and any other inspections required. MCLA is authorized to perform
due diligence in researching each available parcel presented to the MCLA for acquisition. MCLA is
Page 3 of 5
authorized to select IDR Properties and/or Florida Forever Properties for inclusion in the acquisition
program. MCLA is authorized to enter into purchase and sale contracts, as purchasing agents, on behalf
of BOCC for IDR Properties and /or Florida Forever Properties.
SECTION 3: All due diligence costs shall be paid by the BOCC for IDR Properties or Florida Forever
Properties. All invoices for such due diligence costs incurred by MCLA and owed by the BOCC shall be
submitted by MCLA to the Monroe County Attorney for prompt payment by the Monroe County Clerk of
Circuit Court. The purchase price and any expenses incidental to the acquisition of properties shall be
paid by BOCC.
SECTION 4: The MCLA will present the selected properties for approval and acceptance by the
BOCC at a duly noticed BOCC meeting. Title to IDR Properties and /or Florida Forever Properties will
be taken in the name of the BOCC. Monroe County Attorney, as an administrative matter, is hereby
authorized and directed to carry out the recording of deeds conveying title of IDR Properties and/or
Florida Forever Properties to BOCC as grantee.
SECTION 5: Modifications to this Agreement shall be valid only when reduced to writing and duly
signed by all parties.
SECTION 6: If any term or provision of this Agreement shall be invalid or unenforceable to any
extent, the parties agree to comply with the remaining terms and provisions, unless compliance with the
remaining terms and provisions would prevent the accomplishment of the original intent of the agreement
between the parties.
SECTION 7: Either party may terminate this Agreement at any time, with or without cause.
Termination shall take effect upon receipt of written notification by a party to the other party.
SECTION 8: Notification under this Agreement shall be made by hand delivery, U.S. certified mail,
return receipt requested, or an express mail with proof of delivery. Notification by a party shall be
delivered as follows:
County Administrator
1 100 Simonton Street
Key West, FL 33040
Monroe County Attorney
1111 12' Street, Suite 408
Key West, FL 33040
Monroe County Comprehensive PIan Land Authority
1200 Truman Ave.
Suite 207
Key West, FL 33040
Virginia Stones
Attorney for Monroe County Comprehensive Plan Land Authority
221 Simonton Street
Key West, FL 33040
Page 4 of 5
SECTION 9: This Agreement is effective upon execution by all parties and approval the BOCC and
the MCLA and ends upon termination of the Florida Keys Area of Critical State Concern designation,
unless earlier termination according to the terms of this agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
their officials thereto duly authorized.
(Seal)
,CLERK
: p h V rllpg7 r ..
(Seal)
ATTEST:
MONROE COUNTY BOARD OF
COUNTY CO IMISSIONERS
Heather arrut , Mayor /Chairperson
MONROE COUNTY
COMPREHENSIVE PLAN
LAND AUTHORITY
Charles G. Pattison, Executive Director
David Rice, Chairman
This docu ent was epared and approved as to form by:
C. Rene Rogers, Esq, Date
Assistant Monroe County Attorney
Florida Bar No.: 0 10 1178
P.O. Box 1026
Key West, FL 33041 -1026
(305) 292 -3470
Approved at to fwm OW ftft:
Adele V. Stones, Esquire
Page 5 of 5