Item G9G.9
t, BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy, District 5
The Florida Keys l'U � Mayor Pro Tern Danny Kolhage, District 1
�pw° Michelle Coldiron, District 2
Heather Carruthers, District 3
David Rice, District 5
County Commission Meeting
December 19, 2018
Agenda Item Number: G.9
Agenda Item Summary #5044
BULK ITEM: No DEPARTMENT: Land Authority Governing Board
TIME APPROXIMATE: STAFF CONTACT: Charles Pattison (305) 295-5180
9:15 A.M. Land Authority
AGENDA ITEM WORDING: Approval of a resolution adding Block 22, Lots 1 through 4, Sands,
Big Pine Key to the Acquisition List as an affordable housing site to be purchased by Monroe
County and approving acquisition funding subject to conditions.
ITEM BACKGROUND: This resolution is proposed to assist Monroe County in acquiring an
affordable housing site in response to the Board's post -Hurricane Irma direction to acquire and
redevelop trailer parks as workforce housing. (See companion item 45042 under County Attorney
section of BOCC agenda).
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.
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 proposed resolution authorizes the Land Authority to pay the County's $10,000 purchase option
fee. To the degree said costs are not funded by the Community Development Block Grant — Disaster
Recovery (CDBG-DR) grant, the resolution also authorizes the Land Authority to pay the County's
$850,000 purchase price and associated acquisition costs estimated at $1,885.50. As a condition of
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G.9
the Land Authority funding, the County would execute an instrument in favor the Land Authority
restricting the subject property to affordable housing. These funding commitments would remain in
effect until December 31, 2019.
ADVISORY COMMITTEE ACTION: On 6/27/18 the Committee voted 3/0 to approve adding the
subject property to the Acquisition List as an affordable housing site. On 10/31/18 the Committee
voted 510 to approve funding to the degree necessary until 12/31/19 for either Monroe County or the
Monroe County Housing Authority to purchase the subject property.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Aerial
Administrative Interpretation
Resolution
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: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
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G.9
Charles Pattison
Kathy Peters
Board of County Commissioners
Completed
Completed
Pending
12/05/2018 9:00 AM
12/05/2018 9:26 AM
12/19/2018 9:00 AM
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G.9.a
Aerial Photograph of Subject Property
Block 22, Lots 1-4, Sands
Big Pine Key
Q
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G.9.b
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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G.9.b
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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G.9.c
RESOLUTION NO.
A RESOLUTION OF THE MONROE COUNTY
COMPREHENSIVE PLAN LAND AUTHORITY ADDING BLOCK
22, LOTS 1 THROUGH 4, SANDS TO THE ACQUISITION LIST
AS AN AFFORDABLE HOUSING SITE TO BE PURCHASED BY
MONROE COUNTY AND APPROVING ACQUISITION FUNDING
SUBJECT TO CONDITIONS.
WHEREAS, Block 22, Lots 1 through 4, Sands (RE #00302670-000000 and 00302680-000000),
is a 20,000 square foot site located on Avenue C on Big Pine Key (hereinafter "Subject
Property"); and
WHEREAS, Monroe County is considering entering into an option contract to purchase the
Subject Property for an option fee of $10,000 and a purchase price of $850,000; and
WHEREAS, Monroe County intends to submit an application for a Community Development
Block Grant — Disaster Recovery (CDBG-DR) grant to fund the purchase and redevelopment of
the Subject Property; and
WHEREAS, the Monroe County Comprehensive Plan Land Authority (hereinafter "Land
Authority") desires to assist Monroe County with the acquisition of the Subject Property; and
WHEREAS, on June 27, 2018 the Land Authority Advisory Committee voted 3/0 to approve
adding the Subject Property to the Acquisition List as an affordable housing site; and
WHEREAS, on October 31, 2018 the Land Authority Advisory Committee voted 5/0 to approve
funding to the degree necessary until December 31, 2019 for either Monroe County or the
Monroe County Housing Authority to purchase the Subject Property; NOW, THEREFORE,
BE IT RESOLVED BY THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY:
Section 1. The Subject Property is hereby added to the Acquisition List as an affordable
housing site to be purchased by Monroe County.
Section 2. Land Authority funding toward Monroe County's purchase of the Subject Property is
hereby approved as follows:
A. The Land Authority is authorized to pay Monroe County's $10,000 purchase option fee.
B. The Land Authority is authorized to pay Monroe County's $850,000 purchase price and
associated acquisition costs for the subject property to the degree said acquisition costs are
not funded by the CDBG-DR grant.
C. At closing, Monroe County shall execute an instrument in favor of the Land Authority
restricting the Subject Property to affordable housing.
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D. The funding commitments in this resolution shall expire on December 31, 2019.
PASSED AND ADOPTED by the Monroe County Comprehensive Plan Land Authority at a
regular meeting on this day of 12018.
Chairman
Vice Chairman
Commissioner
Commissioner
Commissioner
(Seal)
ATTEST:
Charles G. Pattison
Executive Director
Approved as to form and legality
Adele V. Stones
MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY
Chairman
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