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Item D3D.3 BOARD OF COUNTY COMMISSIONERS C ounty of M onroe Mayor Sylvia Murphy, District 5 Mayor Pro Tem Danny Kolhage, District 1 TheFloridaKeys Michelle Coldiron, District 2 Heather Carruthers, District 3 David Rice, District 5 County Commission Meeting December 19, 2018 Agenda Item Number: D.3 Agenda Item Summary #5042 BULK ITEM: Yes DEPARTMENT: County Attorney's Office TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger (305) 292-3470 N/A AGENDA ITEM WORDING: Approval of an option contract to purchase Block 22, Lots 1 through 4, Sands, Big Pine Key for affordable housing. ITEM BACKGROUND: This acquisition is proposed as an affordable housing site in response to -Hurricane Irma direction to acquire and redevelop trailer parks as workforce housing. The subject property currently has 16 trailer pads, of which 12 are leased to FEMA for post- hurricane housing until January 7, 2019 and one is leased to a private party on a month-to-month basis. The County has recognized the site as having the rights to build 13 permanent, market-rate, ROGO-exempt units. The site consists of four adjoining lots totaling 20,000 square feet on Avenue C 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 12-inch increase in sea level, estimates provided by the South Florida Water Management District indicate approximately 1,370 square feet of this property will have a 25.1% to 74.9% probability of being inundated. For a non-refundable option fee of $10,000, the contract provides the County the option to purchase the property for the price of $850,000. The option period is for one year (12/27/18 to 12/26/19) and the County may exercise the purchase option at any time during the option period after FEMA has completed its use of the property. The estimated closing costs for this transaction are listed in the agenda documentation. Staff proposes to submit an application for a Community Development Block Grant Disaster Recovery (CDBG-DR) grant to fund the purchase and redevelopment of this site. In the event the grant application is not successful, there is a companion resolution on the Land Authority agenda to provide back-up acquisition funding. PREVIOUS RELEVANT BOCC ACTION: N/A Packet Pg. 1086 D.3 CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: EXECUTED STAMPED HowardsHavenContract (12/10/18) HowardsHavenRECards HowardsHavenLDRDLots1-3 HowardsHavenLDRDLot4 Howards Haven Aerial FINANCIAL IMPACT: Effective Date: December 19, 2018 Expiration Date: None Total Dollar Value of Contract: $850,000.00 plus estimated closing costs of $1,885.50 Total Cost to County: $851,885.50 Current Year Portion: $851,885.50 Budgeted: Yes Source of Funds: 304 Funds infrastructure sales surtax CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: No If yes, amount: Grant: No County Match: N/A Insurance Required: N/A Additional Details: $850,000.00 plus closing costs estimated to be approximately $1,885.50 None 12/19/18 NEW COST CENTER ADDED $851,885.50 REVIEWED BY: Charles Pattison Completed 12/04/2018 4:46 PM Bob Shillinger Completed 12/04/2018 5:14 PM Budget and Finance Completed 12/05/2018 7:58 AM Maria Slavik Completed 12/05/2018 9:39 AM Kathy Peters Completed 12/05/2018 9:44 AM Board of County Commissioners Pending 12/19/2018 9:00 AM Packet Pg. 1087 D.3.a Attachment: EXECUTED STAMPED HowardsHavenContract (12/10/18) \[Revision 1\] (Block 22, Lots 1 through 4, Sands, Big Pine Key (Howard's Packet Pg. 1088 D.3.a Attachment: EXECUTED STAMPED HowardsHavenContract (12/10/18) \[Revision 1\] (Block 22, Lots 1 through 4, Sands, Big Pine Key (Howard's Packet Pg. 1089 D.3.a Attachment: EXECUTED STAMPED HowardsHavenContract (12/10/18) \[Revision 1\] (Block 22, Lots 1 through 4, Sands, Big Pine Key (Howard's Packet Pg. 1090 D.3.a Attachment: EXECUTED STAMPED HowardsHavenContract (12/10/18) \[Revision 1\] (Block 22, Lots 1 through 4, Sands, Big Pine Key (Howard's Packet Pg. 1091 D.3.b Monroe County, FL Disclaimer The Monroe County Property Appraiser's office maintains data on property within the County solely for the purpose of fulfilling its responsibility to secure a just valuation for ad valorem tax purposes of all property within the County. The Monroe County Property Appraiser's office cannot guarantee its accuracy for any other purpose. Likewise, data provided regarding one tax year may not be applicable in prior or subsequent years. By requesting such data, you hereby understand and agree that the data is intended for ad valorem tax purposes only and should not be relied on for any other purpose. By continuing into this site you assert that you have read and agree to the above statement. Summary Parcel ID 00302670-000000 Account #1374725 Property ID 1374725 District Group Ramrod Key Millage Group 1 - SCHOOL STATE - SCHOOL STATE - (1) Location 31535 AVENUE C , BIG PINE KEY Address Legal BK 22 LTS 1 & 2 AND 3 SANDS SUB PB1-65 BIG PINE KEY OR605-882 OR744-23 OR827-2234 Description OR828-745/47E OR866-1979/80 OR1089-2211 OR1262-1006C/T OR1283-297/98 OR1382-924 OR1382-926M/T OR1465-1542/43 OR2562-1468 (Note: Not to be usedon legal documents) Neighborhood 10050 Property Class CAMPS (3600) Subdivision SANDS SUBD Sec/Twp/Rng 25/66/29 Affordable No Housing Owner HOWARDS HAVEN LLC PO Box 430271 Big Pine Key FL 33043 Valuation 2018201720162015 +Market Improvement Value$0$0$0$0 +Market Misc Value$0$0$0$0 +Market Land Value$326,207$448,803$448,803$448,803 =Just Market Value$326,207$448,803$448,803$448,803 =Total Assessed Value$326,207$448,803$448,803$448,803 -School Exempt Value$0$0$0$0 =School Taxable Value$326,207$448,803$448,803$448,803 Land Land UseNumber of UnitsUnit TypeFrontageDepth REC VEHICLE PARK (02RV)14,998.00Square Foot00 Sales Sale DateSale PriceInstrumentInstrument NumberDeed BookDeed PageSale QualificationVacant or Improved 3/12/2012$100Warranty Deed2562146811 - UnqualifiedImproved 7/1/1997$100,000Warranty Deed14651542T - UnqualifiedImproved 10/1/1993$61,600Quit Claim Deed12830297J - UnqualifiedImproved 6/1/1993$61,600Certificate of Title12621006U - UnqualifiedImproved 4/1/1989$120,000Warranty Deed10892211Q - QualifiedImproved 11/1/1982$0Warranty Deed8661979M - UnqualifiedImproved Permits NumberDate IssuedDate CompletedAmountPermit TypeNotes 121037819/14/201210/10/2012$2,100CommercialEMERGENCY UPGRADE EXISTING 2 GANG METER BANK - UNIT 10 AND UNIT 11 Photos Attachment: HowardsHavenRECards (Block 22, Lots 1 through 4, Sands, Big Pine Key (Howard's Haven)) Packet Pg. 1092 D.3.b Map TRIM Notice Trim Notice 2018 Notices Only No data available for the following modules:Buildings, Commercial Buildings, Mobile Home Buildings, Yard Items, Exemptions, Sketches (click to enlarge). The Monroe County Property Appraiser's office maintains data on property within the County solely for the purpose of fulfilling its responsibility to Developed by secure a just valuation for ad valorem tax purposes of all property within the County. The Monroe County Property Appraiser's office cannot guarantee its accuracy for any other purpose. Likewise, data provided regarding one tax year may not be applicable in prior or subsequent years. By requesting such data, you hereby understand and agree that the Last Data Upload: 12/4/20181:51:30AM Attachment: HowardsHavenRECards (Block 22, Lots 1 through 4, Sands, Big Pine Key (Howard's Haven)) Packet Pg. 1093 D.3.b Monroe County, FL Disclaimer The Monroe County Property Appraiser's office maintains data on property within the County solely for the purpose of fulfilling its responsibility to secure a just valuation for ad valorem tax purposes of all property within the County. The Monroe County Property Appraiser's office cannot guarantee its accuracy for any other purpose. Likewise, data provided regarding one tax year may not be applicable in prior or subsequent years. By requesting such data, you hereby understand and agree that the data is intended for ad valorem tax purposes only and should not be relied on for any other purpose. By continuing into this site you assert that you have read and agree to the above statement. Summary Parcel ID 00302680-000000 Account #1374733 Property ID 1374733 District Group Ramrod Key Millage Group 1 - SCHOOL STATE - SCHOOL STATE - (1) Location Address 31553 AVENUE C , BIG PINE KEY Legal Description BK 22 LT 4 SANDS SUB PB1-65 BIG PINE KEY OR643-685 OR744-23 OR828-745/47E OR1283- 2235/37 OR1529-1887/88 OR1535-2249 OR2562-1467 (Note: Not to be usedon legal documents) Neighborhood 549 Property Class MOBILE HOME SUB (0200) Subdivision SANDS SUBD Sec/Twp/Rng 25/66/29 Affordable No Housing Owner HOWARDS HAVEN LLC PO Box 430271 Big Pine Key FL 33043 Valuation 2018201720162015 +Market Improvement Value$33,594$33,594$37,128$38,295 +Market Misc Value$2,413$2,494$2,659$2,382 +Market Land Value$85,000$76,250$52,500$47,500 =Just Market Value$121,007$112,338$92,287$88,177 =Total Assessed Value$96,108$87,371$79,428$72,208 -School Exempt Value$0$0$0$0 =School Taxable Value$121,007$112,338$92,287$88,177 Land Land UseNumber of UnitsUnit TypeFrontageDepth MOB HOME DRY (020D)5,000.00Square Foot50100 Mobile Home Buildings Style MANUFACTURED HOME Roof Type FLAT OR SHED Building Type S.F.R. - M1 / M1 Roof Coverage ROLLED COMPOS Finished Sq Ft 876 Flooring Type PLYWD/PR BD Stories 2 Floor Heating Type NONE with 0% NONE Condition AVERAGE Bedrooms 2 Interior Walls MASONRY/MIN Full Bathrooms 1 Exterior Walls VINYL SIDING Half Bathrooms 0 Year Built 1970 Grade 350 Effective Year Built 1995 Number of Fire Pl 0 Foundation CONC BLOCK Yard Items DescriptionYear BuiltRoll YearQuantityUnitsGrade FENCES19911992184 SF2 UTILITY BLDG199819991120 SF3 TRAILER SKIRT198919901256 SF5 Attachment: HowardsHavenRECards (Block 22, Lots 1 through 4, Sands, Big Pine Key (Howard's Haven)) Sales Sale DateSale PriceInstrumentInstrument NumberDeed BookDeed PageSale QualificationVacant or Improved 3/12/2012$100Warranty Deed2562146711 - UnqualifiedImproved 7/31/1998$57,000Warranty Deed15352249Q - QualifiedImproved 10/1/1993$37,000Warranty Deed12832235Q - QualifiedImproved Packet Pg. 1094 D.3.b Photos Attachment: HowardsHavenRECards (Block 22, Lots 1 through 4, Sands, Big Pine Key (Howard's Haven)) Packet Pg. 1095 D.3.b Map TRIM Notice Trim Notice 2018 Notices Only No data available for the following modules:Buildings, Commercial Buildings, Exemptions, Permits. The Monroe County Property Appraiser's office maintains data on property within the County solely for the purpose of fulfilling its responsibility to Developed by secure a just valuation for ad valorem tax purposes of all property within the County. The Monroe County Property Appraiser's office cannot guarantee its accuracy for any other purpose. Likewise, data provided regarding one tax year may not be applicable in prior or subsequent years. By requesting such data, you hereby understand and agree that the Last Data Upload: 12/4/20181:51:30AM Attachment: HowardsHavenRECards (Block 22, Lots 1 through 4, Sands, Big Pine Key (Howard's Haven)) Packet Pg. 1096 D.3.c Attachment: HowardsHavenLDRDLots1-3 (Block 22, Lots 1 through 4, Sands, Big Pine Key (Howard's Haven)) Packet Pg. 1097 D.3.c Attachment: HowardsHavenLDRDLots1-3 (Block 22, Lots 1 through 4, Sands, Big Pine Key (Howard's Haven)) Packet Pg. 1098 D.3.c Attachment: HowardsHavenLDRDLots1-3 (Block 22, Lots 1 through 4, Sands, Big Pine Key (Howard's Haven)) Packet Pg. 1099 D.3.c Attachment: HowardsHavenLDRDLots1-3 (Block 22, Lots 1 through 4, Sands, Big Pine Key (Howard's Haven)) Packet Pg. 1100 D.3.c Attachment: HowardsHavenLDRDLots1-3 (Block 22, Lots 1 through 4, Sands, Big Pine Key (Howard's Haven)) Packet Pg. 1101 D.3.c Attachment: HowardsHavenLDRDLots1-3 (Block 22, Lots 1 through 4, Sands, Big Pine Key (Howard's Haven)) Packet Pg. 1102 D.3.c Attachment: HowardsHavenLDRDLots1-3 (Block 22, Lots 1 through 4, Sands, Big Pine Key (Howard's Haven)) Packet Pg. 1103 D.3.c Attachment: HowardsHavenLDRDLots1-3 (Block 22, Lots 1 through 4, Sands, Big Pine Key (Howard's Haven)) Packet Pg. 1104 D.3.c Attachment: HowardsHavenLDRDLots1-3 (Block 22, Lots 1 through 4, Sands, Big Pine Key (Howard's Haven)) Packet Pg. 1105 D.3.c Attachment: HowardsHavenLDRDLots1-3 (Block 22, Lots 1 through 4, Sands, Big Pine Key (Howard's Haven)) Packet Pg. 1106 D.3.c Attachment: HowardsHavenLDRDLots1-3 (Block 22, Lots 1 through 4, Sands, Big Pine Key (Howard's Haven)) Packet Pg. 1107 D.3.c Attachment: HowardsHavenLDRDLots1-3 (Block 22, Lots 1 through 4, Sands, Big Pine Key (Howard's Haven)) Packet Pg. 1108 D.3.c Attachment: HowardsHavenLDRDLots1-3 (Block 22, Lots 1 through 4, Sands, Big Pine Key (Howard's Haven)) Packet Pg. 1109 D.3.c Attachment: HowardsHavenLDRDLots1-3 (Block 22, Lots 1 through 4, Sands, Big Pine Key (Howard's Haven)) Packet Pg. 1110 D.3.d County of Monroe Planning & Environmental Resources Board of County Commissioners Department Mayor David Rice, District 4 2798 Overseas Highway, Suite 410 Mayor Pro Tem Sylvia J. Murphy, District 5 Marathon, FL 33050 Danny L. Kolhage, District 1 Voice: (305) 289-2500 George Neugent, District 2 FAX: (305) 289-2536 Heather Carruthers, District 3 We strive to be caring, professional, and fair. December 14, 2017 tkdluke@aol.com Luther Ackiss P.O. Box 430271 Big Pine Key, FL 33043 RE: ROGO Exemption Request File #2017-R185 for property located at 31553 Avenue C, Big Pine Key, legally described as Lot 4, Block 22, Sands Subdivision, Plat Book 1, Page 65, Monroe County, Florida having Real Estate Number 00302680-000000 Mr. Ackiss: 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. 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: Attachment: HowardsHavenLDRDLot4 (Block 22, Lots 1 through 4, Sands, Big Pine Key (Howard's Haven)) (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: The following table organizes relevant building permits by date issued: Packet Pg. 1111 D.3.d Permit No. Date Issued Description 25462 02-07-1972 Septic tank 26211 04-05-1972 100 amp service for trailer B879 01-20-1976 Tie down existing mobile home 17102119 03-27-2017 Plumbing- sewer tie-in (one SFR) 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 1970, is currently attributed to the property. An archived property record card includes a photo of a mobile home on the subject property dated 03- 23-1976. 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 1975 to 2017 confirms the continuous existence of a structure on the property. 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 1991 or 1992 directory did not have (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: Attachment: HowardsHavenLDRDLot4 (Block 22, Lots 1 through 4, Sands, Big Pine Key (Howard's Haven)) Land Use (Zoning) District: From 1986 to present, the property is located within the Improved Subdivision (IS) Zoning District, in which a detached residential dwelling unit is a permitted use. A mobile home is not a permitted or conditional use within this Land Use District. Packet Pg. 1112 D.3.d 1988 Monroe County Mobile Home Study: The 1988 Monroe County Mobile Home Study records the existence of an RV on the property at that time as well as a unit marked Other. 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 Attachment: HowardsHavenLDRDLot4 (Block 22, Lots 1 through 4, Sands, Big Pine Key (Howard's Haven)) Packet Pg. 1113 D.3.e Aerial Photograph of Subject Property Block 22, Lots 1-4, Sands Big Pine Key AV EN UE F AV EN UE E AV EN UE D AV EN UE C AV EN U E B A VE NU E A Attachment: Howards Haven Aerial (Block 22, Lots 1 through 4, Sands, Big Pine Key (Howard's Haven)) Packet Pg. 1114