Item G5G.5
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.5
Agenda Item Summary #5008
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 an addition to the Acquisition List and approval of a
contract to purchase previously developed Tier 1 property for affordable housing - Block 2, Lot 10,
Darios, 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 5,589 square foot lot at 301 County Road 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 vegetation. 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 less than 25.1% 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 $110,000. The estimated
closing costs for this transaction are listed in the agenda documentation.
ADVISORY COMMITTEE ACTION: On November 28, 2018 the Committee voted 3/0 to
approve adding this property to the Acquisition List as an affordable housing site and purchasing the
property for the price of $110,000.
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G.5
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
B1k2,Lt10
ROGOExemption-Blk2,Ltl 0
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 11/30/2018 3:19 PM
Kathy Peters Completed 12/03/2018 11:02 AM
Board of County Commissioners Pending 12/19/2018 9:00 AM
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G.5.a
PURCHASE CONTRACT
12/19/18
Purchase
Property Price Appraisal
Block 2, Lot 10 $110,000.00
Darios Subdivision
Big Pine Key
Sellers: Henry C. Schulz and Donna M. Schulz
Title Fees & Attorney Recording Total
Insurance Fee Fee Costs
$500.00 $1,000.00 $475.00 $35.50 $112,010.50
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Aerial Photograph of Subject Property
Block 2, Lot 10, Darios
301 County Road
Big Pine Key
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AGREEMENT FOR THE PURCHASE OF LANDS
THIS AGREEMENT is made and entered into this day of , 20187 by
and between
Henry C. Schulz and Donna M. Schulz
(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 $110,000.00 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 2, Lot 10, Darios (PB 3-92)
RE# 00300500-000000
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 `5
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 $110,000.00. 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:
1545 Neptune Avenue with a copy to: Frank Griffiths
Beachwood, NJ 08722 Re/Max All Keys Real Estate
frank@frankinthekeys.com
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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. It is mutually understood and agreed that the LAND AUTHORITY may assign this Agreement.
12. The Seller(s) shall close any open building permits or code enforcement proceedings prior to
closing.
13. 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.
14. If the Seller(s) wish to proceed with this transaction, the Seller(s) have until November 12, 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/ Henry C. Schulz
Signature
Seller/ Donna M. Schulz
Signature
Date
Phone Number
Date Phone Number
The MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, acting by and through its
EXECUTIVE DIRECTOR in accordance with Resolution 03-2016, has executed this Agreement on
behalf of the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY this day of
12018.
MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY
(Seal)
Charles G. Pattison, Executive Director
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County of Monroe
Growth Management Division
Planning & - Environmental Resources
Department
2798 Overseas Highway, Suite 410
Marathon. FL 33050
Voice: (305) 289-2500
FAX: (305) 289-2536
Board of County Commissioners
Mayor Sylvia J. Murphy. Dist. 5
Mayor Pro Tern Heather Carruthers. Dist. 3
Kim Wiginoton, Dist. I
George Nugent. Dist. 2
Mario Di Gennaro. Dist. 4
We strive to be caring, professional and fair
February 3, 2010
GMAC Reality
Audrey Richter
336 Doral Street
Key West, FL 33040
RE: ROGO Exemption Request for 301 County Road, Big Pine Key, Mile Marker 'I
Block 2, Lot 10, Darios Subdivision, Real Estate Number 00' )00500.000000
Ms. Richter,
You have requested a determination as to whether or not one (1) residential dwelling unit is
exempt from the Residential Rate of Growth Ordinance (ROGO) on the above -described
premises.
Pursuant to §138-22 of the Monroe County Code, the ROGO shall not apply to the
redevelopment, rehabilitation or replacement of any lawfully -established residential dwelling unit
that does not increase the number of dwelling units that existed on the site. Therefore, owners of
land shall be entitled to one (1) dwelling unit allocation, exempt from the ROGO permit
allocation system, for each dwelling unit lawfully -established on a given property.
Administrative Interpretation 03-108 provides the criteria to be used by staff to determine
whether or not a dwelling unit was lawfully -established:
(a) A permit or other official approval from the Division of GroNAlh Management for the
dwelling unit:
The following table organizes building permits by date issued:
Porii& No.
bate Issued
Desct-iption
881-2417
12-12-1988
Blocking and trailer tie downs
091-0139
0 1 -20-1989
Install 3 ton A/C unit
(b) If a permit or other official approval from the Division of Growth Management is not
available, the following information may be used to further support or establish that a
dwelling unit was lawfully -established:
ROGO Exemption Request for 301 1 County Road, Big Pine Key, Mile Marker 31
Page I of 2
Block 2, Lot 10, Darios Subdivision, Real Estate Number 00' )00500.000000
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Site Visit: A site visit was conducted by Bill Harbert, Planner, on January 28, 2010. A mobile
home was observed on the property.
Land Use District: The property is located in an Improved Subdivision Land Use District
(IS), in which a single-family detached dwelling unit is a permitted use, however, new mobile
homes are not permitted in the IS District.
Aerial Photography: Aerial photography from 1982 to 2008 confirms the continuous
existence of a mobile home on the property. As a note, aerial photography can only confirm
the number of structures, not the number of units, in existence at any given time.
Monroe County Property Record Card: The Property Appraiser currently assesses the
property under a property classification code of 02-Mobile Homes. Their records indicate
that a residential unit has been on the tax roll from 1982 to 2009. One (1) building, with a
year built date of 1988, was attributed to the property. Additionally, the property received a
homestead exemption from 1982 through 1991.
Utiliorecords: Florida Keys Aqueduct Authority records indicate that water service has
been provided to Block 2, Lot 10 Darios as early as 1992.
Whether the residential use could have been permitted under the pre-1986 zoning: Prior to
1986, the property was within the Single Family Residential District (RU-1) in which a
mobile home was a prohibited use. However, variances to use could have been issued to
permit a mobile home in a RU- I District. In addition, the 1988 Monroe County Mobile Home
Study indicates one non -elevated mobile home existed on the property at that time.
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.
If the exempted dwelling unit is 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 unit and any new accessory structures must be built in
compliance with all applicable regulations of the Monroe County Code and Year 2010
Comprehensive Plan at the time of development approval, Furthermore, if the exempted
dwelling unit is not replaced, but substantially improved as defined in the Monroe County Code,
it must be brought into compliance with all applicable regulations.
If you have any questions regarding the contents of this letter or if we may further assist You,
please feel free to contact our office at (305) 289-2500.
Sincerely,
Bill Harbert, Planner
ROGO Exemption Request for 301 County Road., Bic) Pine Key, Mile Marker 31
Block 2, Lot 10, Darios Subdivision, Real Estate Number 00300500.000000
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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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