Item J3J.3
t, BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor David Rice, District 4
IleOI1da Keys l'U� Mayor Pro Tem Sylvia J. Murphy, District 5
�pw° Danny L. Kolhage, District I
George Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
November 20, 2018
Agenda Item Number: J.3
Agenda Item Summary #4921
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 an addition to the Acquisition List and approval of a
contract to purchase previously developed Tier 1 property for affordable housing - Block 35, Lot 3,
Sands, Big Pine Key.
ITEM BACKGROUND: This acquisition is proposed as an affordable housing site to be purchased
and subsequently conveyed to Monroe County for development. The site was previously developed
with a mobile home that was substantially damaged during Hurricane Irma. The owners have
removed the mobile home and the County has recognized this property as ROGO exempt.
The subject property consists of a 5,000 square foot lot at 31235 Avenue E on the bay side of Big
Pine Key near mile marker 30. The property has a tier designation of Tier 1 — Natural Area, a
zoning designation of Improved Subdivision, and disturbed habitat conditions. The Southeast
Florida Regional Climate Change Compact 50-year sea level rise projection is 14 to 26 inches by the
year 2060. In the event of a 36-inch increase in sea level, estimates provided by the South Florida
Water Management District indicate this property will have a 25.1 % to 100% probability of being
inundated.
Although Comprehensive Plan Policy 601.1.11 typically prohibits the Land Authority from
acquiring properties for affordable housing that are located in Tier 1 areas or known, probable, or
potentially suitable threatened or endangered species habitat, the County Planning Director has
interpreted this policy as not applying to the subject site given that the site was previously
developed.
The property owners have agreed to sell the property for the price of $120,000. The estimated
closing costs for this transaction are listed in the agenda documentation.
ADVISORY COMMITTEE ACTION: On October 31, 2018 the Committee voted 510 to approve
adding this property to the Acquisition List as an affordable housing site and purchasing the property
for the price of $120,000.
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PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
B1k35,Lt3
ROGO Exemption-B105,LO
Administrative Interpretation
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 11/05/2018 12:17 PM
Kathy Peters Completed 11/05/2018 2:34 PM
Board of County Commissioners Pending 11/20/2018 9:00 AM
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Property
Block 35, Lot 3
Sands Subdivision
Big Pine Key
Sellers: Dionne C.
PURCHASE CONTRACT
11 /20/18
Purchase
Title Fees &
Attorney
Recording
Total
Price
Survey Insurance
Fee
Fee
Costs
$120,000.00
$0.00 $1,050.00
$475.00
$35.50
$121,560.50
Harnish, Michael R. Harnish, Laurier R. Carrier, and Linda K. Carrier
E
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Aerial Photograph of Subject Property
Block 35, Lot 3, Sands
31235 Avenue E
Big Pine Key
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AGREEMENT FOR THE PURCHASE OF LANDS
THIS AGREEMENT is made and entered into this day of 2018, by
and between
Dionne C. Harnish, Michael R. Harnish, Laurier R. Carrier, and Linda K. Carrier
(hereinafter "Seller(s)"), for themselves, their heirs, executors, administrators, successors and
assigns, and the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY (hereinafter
"Land Authority") acting by and through the Executive Director of the LAND AUTHORITY.
WITNESSETH:
In consideration of Ten Dollars ($10.00) in hand, paid by the LAND AUTHORITY, the receipt of
which is hereby acknowledged, the Seller(s) agree to sell to the LAND AUTHORITY certain lands
upon the terms and conditions hereinafter set forth, and for the price of $120,000.00 for all of the
lands and other interests, which lands shall include all tenements, hereditaments, together with all
water and other rights, easements, appurtenances, and any and all of the Seller's rights in or
arising by reason of ownership thereunto belonging, owned by them, situate and lying in the
County of Monroe, State of Florida, more particularly described as follows; to -wit:
Block 35, Lot 3, Sands (PB 1-65)
RE# 00304810-000000
2. The Seller(s) agree that they have full right, power and authority to convey, and that they will
convey to the LAND AUTHORITY the fee simple title together with legal and practical access
thereto clear, free and unencumbered, except subject to the following easements or reservations:
Existing easements for canals, ditches, flumes, pipelines, railroads, public highways and roads,
telephone, telegraph, power transmission lines and public utilities.
The LAND AUTHORITY, at the LAND AUTHORITY'S expense, within the time allowed to deliver
evidence of title and to examine same, may have the real property surveyed and certified by a
registered Florida surveyor. If the survey discloses encroachments on the real property or that
improvements located thereon encroach on setback lines, easements, lands of others, or violate
any restrictions, contract covenants, or applicable governmental regulations, the same shall
constitute a title defect.
Seller(s) shall convey a marketable title subject only to the aforementioned liens, encumbrances,
exceptions or qualification set forth herein. Marketable title shall be determined according to
applicable title standards adopted by authority of the Florida Bar and in accordance with law. The
LAND AUTHORITY shall have sixty (60) days from the effective date of this Agreement in which to
examine title. If title is found defective, the LAND AUTHORITY shall, within this specified time
period, notify Seller(s) in writing specifying defect(s). If the defect(s) render title unmarketable the
Seller(s) will have one hundred twenty (120) days from receipt of notice within which to remove
the defect(s). The Seller(s) will use diligent effort to correct defect(s) in title within the time
provided therefore, including the bringing of necessary suits, failing which the LAND AUTHORITY
shall have the option of either accepting the title as it then is or rescinding the Agreement herein.
3. The Seller(s) further agree not to do, or suffer others to do, any act by which the value or title to
said lands may be diminished or encumbered while this Agreement is pending. It is further agreed
that any loss or damage occurring prior to the vesting of satisfactory title in the LAND
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AUTHORITY by reasons of the unauthorized cutting or removal of products therefrom, or because
of fire, shall be borne by the Seller(s); and that, in the event any such loss or damage occurs, the
LAND AUTHORITY may, without liability, refuse to accept conveyance of said lands.
4. The Seller(s) further agree that during the period covered by this instrument officers and
accredited agents of the LAND AUTHORITY shall have at all reasonable times the unrestricted
right and privilege to enter upon said lands for all proper and lawful purposes, including
examination of said lands and the resources upon them. The Seller(s) hereby waive their rights to
any and all claims against the LAND AUTHORITY, Monroe County, or the State of Florida
associated with, or arising from ownership of, said lands and this waiver shall survive closing.
5. The Seller(s) will execute and deliver upon demand of the proper officials and agents of the LAND
AUTHORITY a good and sufficient deed of warranty conveying to the LAND AUTHORITY a
marketable title to the said lands of such character as to be satisfactory to the legal counsel of the
LAND AUTHORITY and said deed shall provide that the use, occupation and operation of the
rights -of -way, easements and reservations retained therein, shall be subordinate to and subject to
such rules and regulations as may be prescribed by the LAND AUTHORITY governing the use,
occupation, protection and administration of lands.
6. In consideration whereof the LAND AUTHORITY agrees that it will purchase all of said lands and
other interests at the price of $120,000.00. The LAND AUTHORITY further agrees that, after the
preparation, execution, and delivery of the deed, and after the legal counsel of the LAND
AUTHORITY shall have approved the title thus vested in the LAND AUTHORITY, it will cause to
be paid to the Seller(s) the purchase price. The LAND AUTHORITY shall pay the following
expenses associated with the conveyance of the property: deed recording fees, settlement fees,
abstract fees, title examination fees, the Buyer's attorney's fees, and title insurance, as well as the
prorata share of prepaid real property taxes allocable to the period subsequent to the vesting of
title in the LAND AUTHORITY, or the effective date of possession of such real property by the
same, whichever is earlier. The Seller(s) shall pay the expenses of documentary stamps to be
affixed to the deed and the removal of trash, debris, and structures from the property, if any, and
real estate commissions, if any. Full possession of the premises shall pass to the LAND
AUTHORITY as of the date payment is made to the Seller(s) subject only to the reservations
stated in Section 2 above.
7. It is mutually agreed that an abstract, title insurance policy or other evidence of title to the property
herein contracted to be sold, satisfactory to the legal counsel of the LAND AUTHORITY will be
obtained by the LAND AUTHORITY at its expense. The Seller(s) expressly agree herein to
furnish to the LAND AUTHORITY any documents in Seller(s)'s possession establishing evidence
of title including, but not limited to, abstracts, title commitments, title policies and opinions of title.
8. It shall be the obligation of the Seller(s) to pay all taxes and assessments outstanding as liens at
the date title vests of record in the LAND AUTHORITY, whether or not such taxes and
assessments are then due and payable.
9. It is mutually understood and agreed that notice of acceptance of this Agreement shall be given to
the Seller(s) by mail addressed to the Seller(s) at the following address:
414 Balido Terrace
Key West, FL 33040
E
2
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and shall be effective upon date of mailing and shall be binding upon all of the Seller(s) without
sending a separate notice to each, except as such obligation may be affected by the provisions of
paragraph 6 hereof.
10. The property shall be delivered at closing free of any tenant or occupancy whatsoever.
11. The Seller(s) shall close any open building permits or code enforcement proceedings prior to
closing.
12. The effective date of this Agreement shall be that date when the last one of the Seller(s) and the
LAND AUTHORITY has signed this Agreement.
13. If the Seller(s) wish to proceed with this transaction, the Seller(s) have until November 5, 2018
to sign and return this Agreement to the LAND AUTHORITY. This Agreement may be executed in
counterparts. Notwithstanding any provision of this Agreement to the contrary, the closing of this
transaction is contingent upon approval by the Advisory Committee and Governing Board of the
LAND AUTHORITY, failing which the LAND AUTHORITY and the Seller(s) shall release one
another of all further obligations under this Agreement.
IN WITNESS WHEREOF, the Seller(s) have hereunto signed their names and affixed their respective
seals on the day first above written and therefore the Seller(s) for and in consideration of the Ten
Dollars ($10.00) hereinabove acknowledge as received, have and do hereby grant unto the LAND
AUTHORITY or its authorized representative, or any other office or agent of the LAND AUTHORITY
authorized to purchase said lands, the option and right to enter into this Agreement for Purchase
within sixty (60) days from the execution thereof by the Seller(s), and to purchase said lands as herein
provided.
Seller/ Dionne C. Harnish
Signature
Seller/ Michael R. Harnish
Signature
Seller/ Laurier R. Carrier
Signature
DF R
Date
Phone Number
Date Phone Number
E
3
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County of Monroe
Planning & Environmental Resources
Department
2798 Overseas Highway, Suite 410
Marathon, FL 33050
Voice: (305) 289-2500
FAX: (305) 289-2536
We strive to be caring, professional, and fair.
January 25, 2018
Dionne Harnish
414 Balido Terrace
Key West, FL 33040
Board of Countv Commissioners
Mayor David Rice, District 4
Mayor Pro Tern Sylvia J. Murphy, District 5
Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
ddcarrier@aol.com
RE: ROGO Exemption Request (File #2018-R012) for property located at 31235 Avenue E, Big
Pine Key, legally described as Lot 3, Block 35, Sands Subdivision, according to the plat of
record in Plat Book 1, Page 65 of the Public Records of Monroe County, Florida, having
Real Estate Number 00304810-000000
Mrs. Harnish:
You requested a determination as to whether one (1) residential dwelling unit(s) is exempt from the
Residential Rate of Growth Ordinance (ROGO) on the above -described premises.
Pursuant to Section 138-22 of the Monroe County Land Development Code, the redevelopment,
rehabilitation or replacement of any lawfully established dwelling unit or space that does not increase the
number of dwelling units above that which existed on the site prior to the redevelopment, rehabilitation
or replacement shall be exempt from the residential ROGO system.
For dwelling units that were established prior to the effective date of the ROGO and therefore did not
receive a ROGO allocation through the ROGO permit allocation system, the Monroe County Land
Development Code requires a body of evidence to support the existence of the dwelling unit on or about
July 13, 1992, the effective date of the original ROGO. Any Monroe County building permit(s) for the
original construction of the structure confirming the existence of the dwelling unit and its use(s) on or
about July 13, 1992 can stand as the only piece of evidence for a ROGO exemption.
No building permit(s) or certificate of occupancy was provided by the applicant or found by staff in
the County records confirming the existence of the dwelling unit and its use(s) on or about July 13,
1992.
If there are no building permit(s) for the original construction of the structure, in order to grant an
exemption, at least two of the following documents supporting the lawful existence of the dwelling unit
must be found:
(1) Any other issued Monroe County building permit(s) supporting the existence of the structure(s) and
its use(s) on or about July 13, 1992:
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The following table organizes relevant building permits by date issued:
Permit No.
Date Issued
Description
A17235
03-27-1987
Screening in patio and elevating floor to door level- site plan shows
a `trailer' located on the subject property
89102189
10-24-1989
Upgrade electrical service to existing trailer
County permits support the existence of the structure(s) and its residential use(s) on or about July 13,
1992.
(2) Documentation from the Monroe County Property Appraiser's Office indicating residential use on or
about July 13, 1992:
The Property Appraiser currently assesses the property under a property classification code of 02-
Mobile Home and their records indicate that a residential unit has been on the tax roll from 1982 to
2016. One (1) building, with a year built date of 1973, is currently attributed to the property.
County Property Appraiser's documentation indicates residential use on or about July 13, 1992.
(3) Aerial photographs (to confirm the number of structures, not the number or type of dwelling units)
and original dated photographs showing the structure(s) existed on or about July 13, 1992:
Aerial photography from 1981 to 1998 confirms the continuous existence of a structure on the
property. Due to vegetative coverage on the subject property in photography available post 1998,
staff could not confirm the existence of a structure. As a note, aerial photography can only confirm
the number of structures, not the number of dwelling units, in existence at any given time.
(4) Residential county directory entries on or about July 13, 1992:
Residential county directory entries were reviewed by Planning Department staff for the years 1991
and 1992. The directories reviewed did not have an entry for the subject property's address.
(5) Rental, occupancy or lease records on or about July 13, 1992, indicating the number, type and term
of the rental or occupancy:
No occupancy or lease records were provided by the applicant for review.
(6) State and/or county licenses on or about July 13, 1992, indicating the number and types of rental
units:
No state or county licenses were provided by the applicant for review.
(7) Documentation from the utility providers indicating the type of service (commercial or residential)
provided and the number of meters in existence on or about July 13, 1992:
Documentation from the utility providers indicating the type of service (commercial or residential)
and the number of meters in existence on or about July 13, 1992 was not provided for review.
(8) Similar supporting documentation not listed above as determined suitable by the planning director:
Land Use (Zoning) District: From 1986 to present, the property is located within the Improved
Subdivision (IS) Land Use District, in which a detached residential dwelling unit is a permitted use.
A mobile home is not a permitted or conditional use within this zoning district.
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1988 Monroe County Mobile Home Study: The 1988 Monroe County Mobile Home Study records
the existence of a mobile home on the property at that time as Mobile Home Non -Elevated with a
Conventional Addition (MHNECA).
Based on a review of the records, the Planning & Environmental Resources Department has determined
that one (1) dwelling unit is lawfully -established on the subject property and its replacement would
thereby be exempt from the ROGO permit allocation system.
If the exempted dwelling units are replaced, all existing accessory structures must also be demolished
unless written permission stating otherwise is provided by the Planning & Environmental Resources
Department. This letter does not provide any vesting to existing regulations and the replacement
dwelling units and any new accessory structures must be built in compliance with all applicable
regulations of the Monroe County Code and Comprehensive Plan at the time of development approval.
Furthermore, if the exempted dwelling units are not replaced, but substantially improved as defined in
the Monroe County Code, they must be brought into compliance with all applicable regulations.
If you have any questions regarding the contents of this letter or if I may further assist you, please feel
free to contact the Planning & Environmental Resources Department at (305) 289-2500.
Sincerely,
Devin Tolpin, Planner
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Monroe County Department of Planning and Environmental Resources
Administrative Interpretation
July 9, 2018
TO: Planning and Environmental Resources Staff
FROM: Emily Schemper, Acting Sr. Director of Planning & Environmental Resources
ADMINISTRATIVE INTERPRETATION NO: AI-18-139
RE: Providing clarification on Policy 601.1.11 of the Monroe County Year 2030
Comprehensive Plan regarding Land Authority acquisition of land for affordable housing.
Issue: Clarification of "potential" affordable housing sites.
On April 13, 2016, the Monroe County Board of County Commissioners adopted Ordinance 005-
2016, which included multiple amendments to the Monroe County Comprehensive Plan based on the
2012 Evaluation and Appraisal Report required by Section 163.319](1), Florida Statutes (F.S.).
As part of this update to the Comprehensive Plan, former Policy 601.1.14 of the Housing Element
was amended and renumbered to become current Policy 601.1.11.
FORMER - Monroe County 2010 Comprehensive Plan Policy 601.1.14:
The Land Authority shall not list or donate lands as potential affordable housing sites if the lands
exhibit any of the following characteristics:
1. Any portion of the land lies within a known, probable, or potential threatened or endangered
species habitat, as specified on the most recent Protected Animal Species Maps; or
2. Any portion of the land within the area to be cleared contains Habitat Type/Habitat Quality Group
3 or 4, as specified in Policy 101.5.4, Section 6.
CURRENT - Monroe County 2030 Comprehensive Plan Policy 601.1.11:
The Land Authority shall not list or acquire lands as potential affordable housing sites if the lands
exhibit any of the following characteristics:
1. Any portion of the land lies within a known, probable, or potentially suitable threatened or
endangered species habitat.
2. The land has a Tier designation other than Tier I1I.
3. The land is located in a V-Zone, on an offshore island or within a CBRS unit.
Based on the specification of lands as "potential" affordable housing sites; as well as the reference to
"the area to be cleared..." in criterion #2, it is evident that former Policy 601.1.14 was intended to
apply to vacant land not previously developed which was proposed for new development of housing.
The former policy intended to direct new development of housing away from the most
environmentally sensitive areas of the County, consistent with many other Goals, Objectives, and
Policies within the Comprehensive Plan.
ADMINISTRATIVE INTERPRETATION NO: AI-18-139
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Further, the 2016 changes to the policy included the replacement of criterion 92 regarding "the area
to be cleared" and specifying habitat types, with a new criterion #2 that references the adopted Tier
system, detailed in current Policy 105.2.1, which takes into account the presence of habitat and is the
current basis for clearing limits. Throughout the adopted Comprehensive Plan, the Tier system is used
to direct new development away from the most environmentally sensitive areas of the County.
The question has come up as to whether current Policy 106.1.11 applies only to the purchase of vacant
land that has never been developed, or if it also applies to the purchase of developed and/or previously
developed land with either existing housing to be deed restricted as affordable, or previously existing
housing to be redeveloped as affordable housing.
Based on the comparison of Policy 601.1.11 to former Policy 601.1.14, the consistency with current
Comprehensive Plan policies that direct new development away from environmentally sensitive areas
but allow the redevelopment of pre-existing housing, and the use of the word "potential," it is my
interpretation that Policy 601.1.11 only applies to vacant lands that have not been previously
developed with residential dwelling units.
Emily Schemper, Acting Senior Director of Planning & Environmental Resources
ADMINISTRATIVE INTERPRETATION NO: AI-11-133
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