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Item G2G.2 G BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Sylvia Murphy, District 5 The Florida. Keys Mayor Pro Tern Danny Kolhage, District 1 �pw° Michelle Coldiron, District 2 Heather Carruthers, District 3 David Rice, District 5 County Commission Meeting February 20, 2019 Agenda Item Number: G2 Agenda Item Summary #5222 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 10, Lot 11, Sands (31566 Avenue B, 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 31566 Avenue B 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 1,550 square feet 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 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 January 29, 2019 the Committee voted 3/0 to approve adding this property to the Acquisition List as an affordable housing site, purchasing the property for the price of $110,000, and transferring the property to either the Monroe County Housing Authority or the BOCC for development. Packet Pg. 1294 G.2 PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: 31566AveB ROGO Letter 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 02/04/2019 2:46 PM Kathy Peters Completed 02/04/2019 3:43 PM Board of County Commissioners Pending 02/20/2019 9:00 AM Packet Pg. 1295 G.2.a PURCHASE CONTRACT 02/20/19 Purchase Property Price Appraisal Title Fees & Attorney Recording Total Insurance Fee Fee Costs Block 10, Lot 11 $110,000.00 $200.00 $1,000.00 $475.00 $35.50 $111,710.50 Sands Subdivision 31566 Avenue B Big Pine Key Sellers: Mark Weinberg and Michelle Weinberg Packet Pg. 1296 G.2.a Aerial Photograph of Subject Property Block 10, Lot 11, Sands 31566 Avenue B Big Pine Key Packet Pg. 1297 G.2.a AGREEMENT FOR THE PURCHASE OF LANDS THIS AGREEMENT is made and entered into this day of , 20197 by and between Mark Weinberg and Michelle Weinberg (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 10, Lot 11, Sands (PB 1-65) RE# 00300790-000000 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 Packet Pg. 1298 G.2.a 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: 30385 Quail Roost Trail Big Pine Key, FL 33043 2 Packet Pg. 1299 G.2.a 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 January 30, 2019 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/ Mark Weinberg Signature Date Phone Number Seller/ Michelle Weinberg Signature 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 12019. MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY (Seal) Charles G. Pattison, Executive Director 3 Packet Pg. 1300 G.2.b County of Monroe Growth Management Division Plannine & Environmental Resources Detment 2798 Overseas Highway, Suite 410 Marathon, FL 33050 Voice: (305) 289-2500 FAX: (305) 289-2536 March 13, 2008 Soni Stoye 31566 Avenue B Big Pine Key, FL 33043 Board of County, Commissioners Mayor Charles "Sonny" McCoy, Dist. 3 Mayor Pro Tem Mario Di Gennaro, Dist. 4 Dixie Spehar, Dist. 1 George Neugent, Dist. 2 Sylvia J. Murphy, Dist. 5 We strive to be caring, professional and fair RE: ROGO Exemption Request for 31566 Avenue B, Big Pine Key, Mile Marker 31 Block 10, Lot 11, Sands Subdivision, Real Estate Number: 00300790.000000 Mrs. Stoye, You requested a determination as to whether one (1) residential dwelling unit is exempt from the Residential Rate of Growth Ordinance (ROGO) on the above -described premises. Pursuant to Sec. 9.5-120.4(a) of the Monroe County Code (MCC), the ROGO shall not apply to the redevelopment, rehabilitation or replacement of any lawfully -established residential dwelling unit which does not increase the number of residential dwelling units above that which existed on the site prior to the redevelopment, rehabilitation or replacement. Therefore, owners of land containing residential dwelling units shall be entitled to one (1) unit for each such unit lawfully - established. Administrative Interpretation 03-108 provides the criteria to be used by Staff to determine whether or not a residential unit was lawfully -established. A review of the records has determined: • The property is located in an Improved Subdivsion (IS) Land Use District. A single-family, detached dwelling unit is a permitted use in the IS District. Prior to 1986, the property was within a RU-1 District (Single-family Residential). a • A site visit was conducted by Bill .Harbert, Senior Planning Technician, on February 15, 2008. One occupied mobile home was observed on the property. ROGO Exemption Request for 31566 Avenue B. Sig Pint Key, Mile Marker 31 Page 1 of 2 Block 10. Lot 11. Sands Subdivision, Real Estate Number: 003007W000000 Packet Pg. 1301 G.2.b • The following building permit(s) were found for RE 00300790.000000' Permit Number Date Issued Description B-880 01-20-1976 60 aTp sub feed and trailer tie down 051-4675 09-06-2005 Upgrade and install new 200amp service • Aerial photography from 1984 to 2007 shows the continuous existence of one (1) structure on the property. • The property record card indicates that a residential unit has been on the tax roll from 1982 to 2007 and currently attributes one (1) building to the property. The year built of the building is indicated as 1974. In addition, the property received a homestead exemption from 1985 to 1988 and from 2005 until 2006. • Florida Keys Aqueduct Authority records indicate that water service has been provided to 31566 Avenue B as early as 1983. • The Monroe County 1988 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. As provided in MCC Sec. 95-268, notwithstanding the provisions of MCC Sections 9.5-262 and 9.5-263, the owners of land upon which a lawfully -established dwelling unit or a mobile home, but not including transient residential units, exists shall be entitled to one (1) dwelling unit for each such unit in existence. If the dwelling unit is replaced, all existing structures must be demolished and the replacement dwelling unit and accessory structures must be built in compliance with all applicable sections of the Monroe County Code. Further, if the existing dwelling unit is substantially improved as defined in MCC Sec. 9.5-4 (S-19), the substantially improved dwelling unit must be brought into compliance with all applicable sections of the Monroe County Code. Pursuant to MCC See. 9.5-43, you are entitled to rely upon the representations set forth in this T letter as accurate under the regulations currently in effect. If you have any questions regarding the contents of this letter or if we may further assist you, please feel free to contact our Marathon office at (305) 289-2500. Sincerely, LZ Bill Harbert JO'§epb Haberman Senior Planning Technician Principal Planner ROGO Exemption Request for 31566 Avenue B, Big Pine Key, Mile Marker 31 Page 2 of 2 Block 10, Lot 11, Sands Subdivision, Real Estate; Number: 00300790,000000 Packet Pg. 1302 G.2.c 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 Page 1 of 2 Packet Pg. 1303 G.2.c 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 Page 2 of 2 Packet Pg. 1304