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Item H7 H.7 County �� .�� y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS Mayor Michelle Coldiron,District 2 �1 nff `ll Mayor Pro Tem David Rice,District 4 -Ile Florida.Keys Craig Cates,District 1 Eddie Martinez,District 3 w Mike Forster,District 5 County Commission Meeting July 21, 2021 Agenda Item Number: H.7 Agenda Item Summary #8469 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 amendment to existing interlocal agreement between Monroe County Land Authority (MCLA) and Monroe County (MC) of October 19, 2016, authorizing the MCLA to manage 5 MC employees and MC acquisition programs including: Density Reduction Program, Less than Fee Program, Habitat Restoration Program, Re-sale of vacant Density Reduction lots without Development Rights; the CDBG-DR Voluntary Home Buyout; and the HMGP-Buyout programs. ITEM BACKGROUND: Over the years, the County has developed acquisition programs to work toward reduction of density within the unincorporated County to address the potential build out scenario when the County may run out of Rate of Growth Ordinance (ROGO) allocations for new housing units. The programs are managed by various County departments including: the County Attorney's Office, as well as the Planning and Environmental Resources and Building Departments. Given the nature of the programs, consolidation of these under one management entity should streamline operations and achieve a more cost effective government. The following programs are proposed to be added to the MCLA management: • Less Than Fee Program • Re-sale of Density Reduction lots, with deed restrictions to prohibit construction of homes • Land Maintenance of conservation lands • Grant funded programs related to acquisition including: ✓ Management of Community Development Block Grant—Disaster Recovery (CDBG-DR) Voluntary Home Buyout Program acquisitions funded by U.S. Department of Housing and Urban Development(HUD)through the State of Florida Department of Economic Opportunity (DEO), ✓ Management of Hazard Mitigation Grant Program (HMGP)to be funded by State of Florida Department of Emergency Management(FDEM), funded by Federal Emergency Management Agency (FEMA) for voluntary buyout, Packet Pg. 1929 H.7 ✓ Coordination of Department of Environmental Protection (DEP)purchased properties with emphasis on parcels with potential development rights under the Florida Keys Stewardship Bill funded through Florida Forever. With these programs moving under the MCLA, management of certain County staff currently involved in County programs related to acquisition and land management, and an additional Land Steward Assistant position approved by the BOCC, have been included in the proposed interlocal agreement amendment to reflect current o erations and define future management: Bergh Land Steward GMGM-005 Duquesnel Land Steward Assistant GMENV-020 New FTE Land Steward Assistant TBD Guerra Acquisition Manager GMPLN-032 Lalbachan Mitigation Administrator GMBLG-053 Under these recommendations, it is the management of the programs and staff that would change. The sources of funds for the referenced land purchases and 5 staff positions would remain the same (County and grant funds) or the agreement provides the county flexibility to fund them according to their needs. The agreement also transfers a vehicle for the executive director, provides for funding for maintenance/replacement of same, outlines employee management requirements and holds the county harmless for employee claims, as deemed necessary by the MCLA/BOCC. Documents related to these programs are attached. ADVISORY COMMITTEE ACTION: N/A PREVIOUS RELEVANT GOVERNING BOARD ACTION: October 19, 2016 — Approval of an Interlocal Agreement between the MCLA and MC to establish mutual agreements regarding the acquisition of properties in the name of the BOCC through the assistance of the MCLA and its staff to include properties acquired for density reduction, Florida Forever and other governmental purposes. (Item Q.11.) June 20, 2018 — Approval of Resolution 175-2018 creating the Less Than Fee Acquisition Program and authorizing MCLA to represent the BOCC on these transactions. (Item PA.) December 19, 2018 — Approval of Resolution 438-218 amending Resolution 175-2018 to provide clarification of the Less Than Fee Acquisition Program (Item PA) March 17, 2021 — Approval of Resolution 122-2021 to initiate a statutory process for disposing of vacant county lots on Duck Key which carry a deed restriction prohibiting the construction of principal residential structures. (Item Q.2.) Packet Pg. 1930 H.7 May 19, 2021 — Discussion and Direction to amend existing interlocal agreement between Monroe County Land Authority (MCLA) and Monroe County (MC) of October 19, 2016, authorizing the MCLA to act as the BOCC's agent for the Density Reduction Program, to expand the scope to move other County managed acquisition programs and up to 5 employees to the MCLA. The programs to be transferred include the Less than Fee; Habitat Restoration; Resale of vacant Density Reduction lots without Development Rights; the CDBG-DR Voluntary Home Buyout; and the HMGP-Buyout programs. (Item KA.) CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval. DOCUMENTATION: MCLA MCBOCC Interlocal Agreement_Revised-7.7.21 Resolution 122-2021 Sale of Deed-restricted County owned parcels on Duck Key acquired for density reduction purposes BOCC.062018.Less Than Fee Resolution Resolution 175-2018.Less Than Fee-Retiring Development Rights LTF Resolution 438-2018 amending 175-2018 BOCC.101916.IL,A Land Authority and BOCC.Acquisition of Infill Properties for Density Reduction, Florida Forever Project, and other governmental purposes WHITE PAPER—build outland—acquisition—strategies POLICY RECOMMENDATIONS_with Jan 2019 table Land Acquisition Programs 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: Packet Pg. 1931 H.7 Additional Details: REVIEWED BY: Mark Rosch Completed 07/07/2021 9:39 AM Charles Pattison Completed 07/07/2021 9:48 AM Liz Yongue Completed 07/07/2021 9:59 AM Board of County Commissioners Pending 07/21/2021 9:00 AM Packet Pg. 1932 H.7.a INTERLOCAL AGREEMENT BETWEEN THE MONROE COUNTY LAND AUTHORITY AND THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY REGARDING THE ADMINISTRATION OF LAND ACQUISITION PROGRAMS This Interlocal Agreement("Agreement")is made and entered into this 21st day of July, 2021,by and between the Board of County Commissioners of Monroe County, Florida(`BOCC") and the Monroe County Comprehensive Plan Land Authority("MCLA"). E WHEREAS,the State of Florida through the Florida Keys Area Protection Act has identified the State's intent to ensure that the population of the Florida Keys can be safely evacuated in the event of a hurricane and has designated the Florida Keys as an Areas of Critical State Concern. F.S.380.0552. ("Keys ACSC"); and WHEREAS,the State of Florida has provided that the land authority may acquire and dispose of real property or any interest therein when such acquisition is necessary or appropriate to prevent or satisfy the purposes and provisions of its governing act, including conservation (natural environment and wildlife habitat), recreation, affordable housing, and private property rights claims resulting from limitations imposed by the designation of an area of critical state concern. F.S.380.0666(3); and WHEREAS, Monroe County has adopted such an ordinance creating Monroe County Comprehensive Plan Land Authority ("MCLA") and granting it the power to do any and all things m necessary or convenient to carry out the purposes of such an ordinance. Monroe County Code Sec. 2-397; , 2-398; and c 2 WHEREAS, Monroe County has adopted a Rate of Growth Ordinance ("ROGO"), as set forth in 0. Chapter 138 of the Monroe County Land Development Code, with the stated purpose of protecting the < residents, visitors and property in the county from natural disasters, specifically including hurricanes by limiting the annual amount and rate of residential development commensurate with the county's ability to maintain a reasonable and safe hurricane evacuation clearance time; and i WHEREAS, ROGO permit allocations are currently limited, by rule promulgated by the Florida Administrative Code Rule 28-20.140, to 197 permits per year for Monroe County with an anticipated build out of all available permits for the Florida Keys by the year 2023; WHEREAS, Monroe County amended its Comprehensive Plan to extend that date to 2026 by slowing the distribution rates of ROGO permits as set forth in F.A.C. 28-20.140; and WHEREAS, ROGO is implemented through a tier system whereby real property is divided into three tiers establishing criteria for the evaluation of real property for the building permit application process within Monroe County. The most highly developable infill properties are designated as Tier III properties. Monroe County Code Sec. 138-28; and U WHEREAS,there are currently approximately 8,000 undeveloped,privately owned parcels, with ca ca over 3,000 of these undeveloped, privately owned parcels designated as Tier III properties in Monroe County; and c� WHEREAS, due to the limitations on the number of ROGO allocations imposed by the State of Florida, Monroe County may be unable to issue residential building permits for all of the undeveloped privately owned parcels, in Monroe County; and Page 1 of 7 Packet Pg. 1933 H.7.a WHEREAS, in order to reduce the potential liability of Monroe County for property rights claims and to address the corresponding potential impacts on the County's hurricane evacuation clearance times, the BOCC desires to implement as many acquisition programs as possible to offset the risk of potential property rights claims; and WHEREAS,BOCC has: E A. Created the Less Than Fee Acquisition Program; CD C B. Created the Density Reduction Program by implementing Fund 316 for Acquisition; C. Authorized the resale of up to eleven (11)lots acquired under the Density Reduction o Program with deed restrictions that stripped ability of owner to apply for a rate of growth ordinance (ROGO) allocation; S D. Supported land maintenance of conservation lands including coordination of land maintenance of vacant county owned land from the Monroe County Environmental Land v, Management and Restoration Fund(Fund 160, aka MCELMRF, a non-ad valorem fund); E. Supported acquisition programs related to grant funding received by the County c including but not limited to: a. Community Development Block Grant(CDBG) b. Hazard Mitigation Grant Program (HMGP) (currently in application with FDEM) E C. Flood Mitigation Assistance (FMA)program (currently developing applications); As well as > F. Authorized County and MCLA staff to coordinate with State Department of < Environmental Protection (DEP) and Department of Economic Opportunity (DEO) on Florida Forever project properties by 2017 Memorandum of Agreement and Confidentiality Acknowledgement for the Florida Forever Keys Projects, located in r Monroe County,as amended for the 2 d time on May 20, 2020; and c� WHEREAS, the BOCC would like to create a program to formalize the disposition of Density Reduction Lots, without development rights, and would like MCLA staff to help create and administer that program; and WHEREAS, the BOCC also desires to continue to work cooperatively with the DEP to purchase Florida Forever Properties in the Florida Keys for the purposes of preserving environmentally sensitive lands and for the purposes of reducing the State and County's potential exposure to property rights claims; and NOW THEREFORE,the parties agree as follows: U SECTION 1 -RECITALS: The above recitals are true and correct and are incorporated herein by M reference. The parties intend for this Agreement to address program administration of acquisition programs described below. U SECTION 2 - ADOPTION: The interlocal agreement between MCLA and BOCC dated October 19, 2016, is hereby repealed and replaced by this interlocal agreement. This agreement shall have a phased implementation. Starting on August 22, 2021, the MCLA shall be authorized to begin Page 2 of 7 Packet Pg. 1934 H.7.a implementation and management of the programs set forth in Section 3 along with access and use of the vehicle set forth in Section 8, herein. The remainder of this agreement shall become effective as of October 1, 2021. This agreement shall terminate upon termination of the Florida Keys Area of Critical State Concern designation, unless terminated earlier according to the terms of this agreement. SECTION 3 - PROGRAMMING: MCLA's administration will include grant management of the E BOCC programs outlined below (hereinafter the "Programs"), including, but not limited too seller and/or 2 buyer coordination; negotiating purchase and sale agreements; ordering due diligence products on behalf M 76 of the BOCC including but not limited to appraisals, boundary surveys, environmental assessments and any other inspections required in order to facilitate the BOCC's acquisition; and ordering closing services, title commitments, and title insurance policies on behalf of the BOCC. The MCLA staff shall be responsible for preparing all agenda items necessary to accomplish the purposes of this agreement, CD including but not limited to agenda items requiring BOCC approval. MCLA staff shall coordinate with S BOCC staff as to placement on the appropriate segment of the BOCC portion of the agenda. Lands x acquired under said Programs shall be purchased with funds from either the BOCC or the referenced grant 0 Programs and shall be titled in the BOCC. MCLA's administration shall include land stewardship activities pursuant to Program IV below when the acquired properties are suited for management as W conservation land. Otherwise, the BOCC agrees to maintain the acquired properties and MCLA's administration shall include coordinating with BOCC staff (Facilities Maintenance or Project Management) regarding maintenance activities such as mowing,trash removal, etc. when needed. 0 PROGRAMS: I. Less Than Fee Acquisition Program: This is a less than fee acquisition program to retire the rights to build dwelling units where the subject lot is owned by the �-- adjoining homeowner. The program was established by BOCC Resolution 175- N 2018 and amended by BOCC Resolutions 438-2018 and 063-2020. r®: i II. Density Reduction Acquisition Pro. : This is a fee simple acquisition program for those lots that are not suited for management as conservation land. The program was established to retire the rights to build dwelling units on said lots i pursuant to the 2016 Interlocal Agreement between MCLA and the BOCC. III. Density Reduction Resale Pro. : A program to resell Density Reduction Lots (lots not suited for management as conservation land) subject to deed restrictions prohibiting development with dwelling units needs to be formally established with criteria and processes as provided for in F.S. 125.35(3). The Board has previously approved of offering eleven Duck Key lots for sale through Resolutions 379-2019 and 122-2021; neither resolution contemplated or authorized further dispositions. IV. Conservation Land Stewardship Program: This is a program to manage U conservation lands using the Monroe County Environmental Land Management and Restoration Fund (Fund 160, aka MCELMRF), a non-ad valorem fund established pursuant to BOCC Resolution 112-2004 and BOCC Resolution I 1I- 2010. Said lands consist of conservation lands owned by the BOCC, conservation lands leased to the BOCC by the Board of Trustees of the Internal 03 Page 3 of 7 Packet Pg. 1935 H.7.a Improvement Trust Fund of the State of Florida, and conservation lands owned by MCLA. V. Community Development Block Grant — Disaster Recovery (CDBG-DR) Voluntary Home Buyout Pro. : This is a program to purchase and demolish improved properties that were damaged during Hurricane Irma and to acquire the associated ROGO exemptions pursuant to BOCC Resolution 150-2020, thereby E amended on March 17, 2021. Properties acquired under this program must be maintained for open space, recreation, or stormwater management. VI. Hazard Mitigation Grant Program (HMGP)Acquisition and Demolition: This is a o program to purchase and demolish improved properties that were damaged during Hurricane Irma, to acquire the associated ROGO exemption, and to maintain the acquired properties as open space. The BOCC authorized submitting a grant application for this program on July 18, 2018 (Item D-4). X W VIL Flood Mitigation Assistance (FMA) Acquisition and Demolition: This is a 0 program to purchase and demolish improved properties that were damaged during Hurricane Irma or other flood events, to acquire the associated ROGO exemption, and to maintain the acquired properties as open space. The BOCC authorized submitting a grant application for this program on May 19, 2021 (Item K-6). VIIL Florida Forever Program: MCLA will coordinate with Florida Department of Environmental Protection (DEP) and Department of Economic Opportunity a. (DEO) regarding the State's acquisition of property within Florida Forever W projects. MCLA will serve as the BOCC's agent in implementing the 2017 Memorandum of Agreement, as subsequently amended, between Monroe County and the Board of Trustees of the Internal Improvement Trust Fund of the State of r Florida and will assist DEP in identifying willing sellers within Florida Forever projects. Nothing in this agreement shall prevent the MCLA from working cooperatively with the DEP on acquisitions of qualifying properties under the existing statutes, regulations, and ordinances governing land acquisitions by both entities. SECTION 4 - FINANCING: The BOCC will continue to handle the financial services and funding (including, but not limited to: budgeting, purchasing/bids/procurement, payment to vendors and applicants, and auditing) for the Programs referenced above. The current funds include: Fund 316 Acquisition Fund; Fund 160 Monroe County Environmental Land Management and Restoration Fund (MCELMRF); CDBG-DR; HMGP; and FMA.. The Clerk of the Court will continue to issue vendor payments. and BOCC FTE payroll. The Clerk will maintain Board financial statements including annual c, single audit report and audit function of BOCC. ca SECTION 5—EMPLOYMENT: The positions referenced below will be BOCC payroll positions and to the extent not funded by the referenced grants, will be funded by the BOCC, as long as the persons currently within the positions remain employed in that position. Such funding shall include all ancillary U funding necessary for such employee, including, but not limited to office space, technology, cell phone, insurance benefits, retirement benefits and vehicle(s)necessary to implement each position. Additionally, MCLA Executive Director, to the extent possible, will bill the grant Programs for time expended by the E Page 4 of 7 Packet Pg. 1936 H.7.a MCLA Executive Director. When grant funds are no longer available to fund personnel services, BOCC will continue to fund the positions, subject to annual appropriation,unless otherwise agreed to. m STAFFING: POSITION NUMBERS: m Land Steward GMGM-005 Land Steward Assistant GMENV-020 0 New FTE Land Steward Employee rBC Acquisition Manager GMPLN-032 Mitigation Administrator GMBLG-053 0 The positions listed above will be managed by and report to the MCLA Executive Director, according to the BOCC adopted Personnel Policies and Procedures (PPP), as may be amended from time to time, as well as the Career Service Council Act and corresponding rules and regulations. In the case of any suspension, discharge, reduction in pay, or demotion of such employees, the Executive Director shall be required to obtain County Administrator approval with a review by the Employee Services Director and County Attorney to assure the Executive Director followed the PPP. o SECTION 6: m Any new positions that will be added will be MCLA positions. If, at any time, any of the employees currently occupying the positions listed above leaves the position or separates from employment with m Monroe County,the position will from that point forward be an MCLA employee, and MCLA will be the employer for all purposes for that position. In this case,the parties will work in good faith to amend this agreement to fund the position appropriate to the program. 0 For each of the five (5) positions listed above, while the position is held by a BOCC employee but < managed by the MCLA Executive Director, MCLA agrees to indemnify and hold harmless the BOCC for any and all employment claims filed by the employee arising out of the employment, including but not limited to: workers' compensation; unemployment; and any claims arising out of federal, state or local r�i laws including but not limited to alleged violations of Americans with Disabilities Act as amended, Title VII, and Section 504 of the Rehabilitation Act of 1973, to the extent the costs of such claims exceed any insurance coverage provided to the MCLA through the County. The term "claim" shall include liability or potential liability for wages and all other forms of damages, as well as attorneys' fees and costs. 0 As long as BOCC funded employees are assigned work under the MCLA pursuant to this Section, the parties shall review this section no later than July 1 of each year to determine if any BOCC funded positions should be transitioned to the MCLA. The parties shall work cooperatively to seek any legislative changes to the MCLA enabling statute and/or ordinance that are necessary to formalize the transfer of the BOCC funded positions and programs to the MCLA. 0 SECTION 7 - GIS SERVICES: The BOCC will provide GIS services related to land acquisition, and c, access and maintenance of related GIS layers. In addition, the BOCC will continue to support and provide access to systems, files, and data bases to support the Programs, including but not limited to Alchemy, Community PLUS, county data servers and file directories, and permitting software platforms. SECTION 8 - EXECUTIVE DIRECTOR VEHICLE: The BOCC will provide the Executive Director with use of the 100 1/93 84 vehicle. The vehicle covered in this interlocal agreement will be maintained by the County fleet management and included in the replacement program, which provides benefits, such as, Page 5 of 7 Packet Pg. 1937 H.7.a bulk purchasing. The MCLA will pay the county's annual maintenance, repair, and replacement cost of the vehicle, estimated by the budget office by invoice. m 0 SECTION 9- MISCELLANEOUS: A. Modifications to this Agreement shall be valid only when reduced to writing and duly o signed by all parties. If any term or provision of this Agreement shall be invalid or unenforceable to any extent, the parties agree to comply with the remaining terms and provisions,unless compliance with the remaining terms and provisions would prevent the accomplishment of the original intent of the agreement between the parties. Either party may terminate this Agreement at any time, with or without cause. Termination shall take effect upon receipt of written notification by a parry to the other party. CD B. Notification under this Agreement shall be made by hand delivery, U.S. certified mail, return receipt requested, or an express mail with proof of delivery.Notification by a parry v, shall be delivered as follows: W 0 Monroe County Administrator 1100 Simonton Street Key West, FL 33040 m Monroe County Attorney 1111 12th Street, Suite 408 76 Key West, FL 33040 2 Monroe County Comprehensive Plan Land Authority Executive Director 1200 Truman Ave., Suite 207 Key West, FL 33040 r®: i Gregory S. Oropeza,Esquire Attorney for Monroe County Comprehensive Plan Land Authority U) 221 Simonton Street Key West, FL 33040 0 0 m [The remainder of this page is intentionally blank] 0 0 c) c) m Page 6 of 7 Packet Pg. 1938 H.7.a m 0 m 0 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their officials thereto duly authorized. 0 0 (Seal) oz c� X 0 KEVIN MADOK, CLERK MONROE COUNTY BOARD OF COUNTY COMMISSIONERS m m By: By: Deputy Clerk Michelle Coldiron, Mayor o 0 (Seal) cv r®: r®: i 0 ATTEST: MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY 0 0 2 By: By: Charles G. Pattison, Executive Director David P. Rice, Chairman 0 APPROVED FOR LEGAL SUFFICIENCY: c� By: Gregory S. Oropeza, Esq. m Page 7 of 7 Packet Pg. 1939 H.7.b RESOLUTION NO. 122 -2021 y A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING THE COUNTY ATTORNEY TO INITIATE THE STATUTORY PROCESS FOR DISPOSING OF THREE (3) VACANT COUNTY OWNED LOTS ON DUCK KEY PROVIDED THAT THE LOTS ARE DEED-RESTRICTED TO PROHIBIT THE CONSTRUCTION OF PRINCIPAL RESIDENTIAL STRUCTURES THEREON AS PART OF THE COUNTY'S DENSITY REDUCTION PROGRAM. 0 WHEREAS, in 2016, the Board of County Commissioners (the "BOCC") initiated a Density Reduction Program to purchase development rights from the owners of private property rr in anticipation of the State's expected cessation of new development once the current pool of Rate of Growth Ordinance(ROGO)allocations is exhausted; and WHEREAS, the goals of the County's Density Reduction Program are to 1) reduce ongoing development pressures and the resulting effect on hurricane evacuation clearance times, 2)reduce the demands on public facilities and infrastructure,and 3)protect property owner rights, thus ultimately avoiding unnecessary costs associated with defending property rights claims;and 2 WHEREAS,the BOCC has an obligation to review County owned property and ensure it is being maintained at its highest and best use; and WHEREAS, since 2016, the BOCC in cooperation with the Monroe County Land Authority purchased eleven (11) density reduction lots on Duck Key; and 0 U WHEREAS, the BOCC previously disposed of eight (8) of these eleven density reduction lots pursuant to Resolution 378-2019; and Q WHEREAS,the County currently owns three (3)vacant density reduction lots on Duck Key, identified with parcel ID numbers: RE00379800-000000, RE00380440-000000, and RE00383380-000000; and 0 WHEREAS,the BOCC finds that the best and highest use of the three(3)County owned density reduction lots located on Duck Key, Florida, is to offer the parcels for sale with a deed T_ restriction prohibiting the building of a residential structure on the parcel; and `V cv cv WHEREAS, based upon a 2019 appraisal for each lot, as adjusted for inflation, and the County's administrative and advertising costs, the BOCC finds that the minimum bid it will accept for each lot will be: 0 RE00379800-000000-$22,460 RE00380440-000000 -$27,410 RE00383380-000000 - $24,660 Packet Pg. 1940 H.7.b WHEREAS, the deed restricted parcel will be offered for sale to the highest and best bidder pursuant to the requirements set forth in F.S. 125.35(1)(a); and WHEREAS,the sale of these three(3)deed restricted parcels is consistent with Policies 102.4.3 and 102.4.5 of the 2030 Monroe County Comprehensive Plan; and WHEREAS, individual property owners on Duck Key, have expressed an interest in acquiring at least some of the remaining subject parcels; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA: 0 Section 1: The "Whereas"clauses set forth above are incorporated herein as findings by the Board. rr Section 2: The County Attorney is authorized to initiate the process set forth in F.S. 125.35(1)(a)to dispose of three(3)County owned density reduction lots on Duck Key with the following real estate numbers: RE00379800-000000, RE00380440-000000, and RE00383380-000000. 0 Section 3: The advertisement shall inform prospective bidders that each lot will be subject to a deed restriction prohibiting the construction of a principal residential structure on it and that the minimum bid for each lot shall be: RE00379800-000000 - $22,460 0 RE00380440-000000- $27,410 RE00383380-000000-$24,660 0 U Section 4: Any revenue derived from the sale of these lots shall be deposited to Fund 316, the fund used to pay for land acquisitions under the density reduction program. 2 Section 5: This resolution shall take effect upon adoption. PASSED AND ADOPTED by the Board of County Commissioners o€Wonroe ,county, Florida, at a regular meeting of said Board held on the ] Ph day of March,202 =2 0 Mayor Michelle Coldiron Yes ' Mayor pro tem David Rice Yes co Commissioner Craig Cates Yes Commissioner Eddie Martinez Yes r ommissioner Mike Forster Yes o BOARD OF COUNTY COMMISSIONERS KEVIN MADOK, CLERK OF MONROE "s� ,.tom_ 3 5 ::-•"' � AcW BY: c As Deputy Clerk Mayor Michelle Coldiron OE[Y]tiNTY ATTfrH. AP R[T'-Bq,STVN[If1T: ,,. Packet Pg. 1941 H.7.c ��,� BOARD OF COUNTY COMMISSIONERS County of Monroe �J/ y� Mayor Michelle Coldiron,District 2 -Me Florida Keys' ?kf h Mayor Pro Tem David Rice,District 4 Craig Cates,District 1 .� �t Eddie Martinez,District 3 Mike Forster,District 5 County Commission Meeting June 20, 2018 Agenda Item Number: P.4 Agenda Item Summary #4216 BULK ITEM: No DEPARTMENT: County Attorney's Office TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger(305) 292-3470 9:20 A.M. AGENDA ITEM WORDING: Approval of a resolution establishing "Less Than Fee" program for retiring development rights from willing Sellers. v, ITEM BACKGROUND: The attached Resolution directs the Land Authority staff to work with the c County Attorney's office to begin a "Less Than Fee" acquisition program that will make purchase offers for vacant parcels adjacent to an existing home. Rather than buy such properties outright(fee -� simple acquisition), this program would only buy and retire the building right itself so that the property owner retains ownership and is allowed use of the parcel for any allowed accessory use found in the County land development regulations. Typically, this might be a yard, swimming pool, 0 garage, boat and/or trailer storage, and any other accessory uses allowed. All willing seller purchase > offers will come before the Board for final approval. 2 The resolution sets forth the following criteria. To be eligible to participate in the program, subject parcels must be: c 0 a) Located within an Improved Subdivision (IS), Improved Subdivision — Masonry (IS-M), or Urban Residential-Mobile Home (URM) Land Use District; b) Consist of a lot with at least one (1) buildable unit or Transfer of Development Right(TDR). Priority shall be given to Tier III properties. c) Be held in common ownership with an immediately adjacent parcel that contains co a residential structure as its principal structure; T_ N d) Eligible to receive a building permit for construction of a new residential dwelling unit under the current Monroe County Comprehensive Plan and Land Development Code, and not prohibited by deed restriction or other instrument or legal impairment from receiving such a building permit; E e) Free of all code compliance liens and not the subject of a current code compliance Packet Pg. 1942 H.7.c case or other enforcement proceeding by the County or other regulatory agency; and f) Owned by a seller who is willing to convey the building rights to the County under the terms and conditions set forth herein. c) The resolution further authorizes staff to make offers to purchase the development rights on lots meeting the above criteria at the Market Land Value established by the Property Appraiser. The resolution as drafted sets a cap of $99,999.00 for offers unless property owners provide at their own expense an appraisal in a form that is acceptable to the County. PREVIOUS RELEVANT BOCC ACTION: 0) 5/16/18 (P5) County Attorney requested item be moved to BOCC 6/20/18 meeting agenda 2 CD In 2016, the Board budgeted funds for purchases which are intended to reduce density and to reduce M the County's potential exposure to property rights' related lawsuits through voluntary purchases. o CONTRACT/AGREEMENT CHANGES: n/a c� X STAFF RECOMMENDATION: Approval. W 0 DOCUMENTATION: STAMPED Less than Fee Resolution June 2018 BOCC meeting 6 5 18 a Resolution 175-2018 0 FINANCIAL IMPACT: > Effective Date: Upon adoption < Expiration Date: n/a c Total Dollar Value of Contract: n/a 0 Total Cost to County: To be determined Current Year Portion: To be determined a, Budgeted: Yes Source of Funds: Fund 304 or 316 CPI: n/a Indirect Costs: staff costs incurred in administering the program and conducting closings. Estimated Ongoing Costs Not Included in above dollar amounts: n/a co - CD Revenue Producing: n/a If yes, amount: Grant: n/a ti County Match: Insurance Required: Additional Details: Packet Pg. 1943 H.7.c �i REVIEWED BY: Bob Shillinger Completed 05/01/2018 4:04 PM Bob Shillinger Completed 05/01/2018 4:04 PM Budget and Finance Completed 05/01/2018 4:39 PM Maria Slavik Completed 05/01/2018 4:42 PM Kathy Peters Completed 05/01/2018 9:03 PM Board of County Commissioners Completed 05/16/2018 9:00 AM m 0 m 0 0 c� 0 0 m m 0 0 CO 0 m 0 0 T- CD cv ca m U Packet Pg. 1944 H.7.d RESOLUTION NO. 175 - 2018 0) A RESOLUTION OF THE BOARD OF COUNTY 2 COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO CREATE A LESS THAN FEE ACQUSITION PROGRAM FOR THE PURPOSE OF RETIRING RESIDENTIAL DEVELOPMENT RIGHTS ON PROPERTY LOCATED IN THE (IS), (IS-M), AND (URM) LAND USE DISTRICTS FROM WILLING SELLERS. v, WHEREAS, the Board of County Commissioners of Monroe County, Florida c (hereinafter `BOCC") wishes to purchase residential development rights from willing sellers that own a vacant parcel that is located immediately adjacent to their homes and which are located in the Improved Subdivision (IS), Improved Subdivision - Masonry (IS-M), Urban Residential- Mobile Home (URM) land use districts; and 0 WHEREAS, the goal is to reduce ongoing development pressures on hurricane evacuation clearance times and demands on public facilities and infrastructure while protecting property owner rights and avoiding unnecessary costs associated with defending property rights claims; and WHEREAS, this program is consistent with Policies 102.4.3 and 102.4.6 of the 2030 Monroe County Comprehensive Plan; and c WHEREAS, the BOCC finds that a less than fee acquisition program is an appropriate alternative to more costly fee simple acquisitions; and WHEREAS, the BOCC and the Monroe County Land Authority (hereinafter "MCLA") entered into an interlocal agreement on October 19, 2016 regarding the acquisition , of infill property for density reduction, among other government purposes; and WHEREAS, F.S. 125.355 authorizes the BOCC to exempt any purchase of an interest in realty valued at under $100,000 from the requirement of obtaining an appraisal; andco y WHEREAS, the BOCC agrees to use dollars raised through the local option infrastructure sales surtax as authorized in F.S. 212.055(2)(d), which the County has budgeted LO in Fund 316 to cover costs associated with this program; and c WHEREAS, the BOCC requests the MCLA work with the County Attorney's Office to begin this program upon approval, subject to periodic reports made to the BOCC to evaluate the effectiveness of this program. Page 1 of 3 Packet Pg. 1945 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY E COMMISSIONERS OF MONROE COUNTY, FLOIRDA: 2 Section 1. The BOCC authorizes the MCLA to represent the BOCC in these matters. Section 2. MCLA will identify, with the assistance of the County Attorney, properties that will be eligible for participation in this program under the - parameters set forth below. X Section 3. To be eligible to participate in the program, subject parcels must be: a) Located within an Improved Subdivision (IS), Improved Subdivision - Masonry (IS-M), or Urban Residential-Mobile Home (URM) Land Use District; E b) Consist of a lot with at least one (1) buildable unit or Transfer of Development Right (TDR). Priority shall be given to Tier III > properties. c) Be held in common ownership with an immediately adjacent -- parcel that contains a residential structure as its principal structure; - d) Eligible to receive a building permit for construction of a new residential dwelling unit under the current Monroe County 0. Comprehensive Plan and Land Development Code, and not 2 prohibited by deed restriction or other instrument or legal impairment from receiving such a building permit; e) Free of all code compliance liens and not the subject of a current code compliance case or other enforcement proceeding by the County or other regulatory agency; and f) Owned by a seller who is willing to convey the building rights to the County under the terms and conditions set forth herein. co y Section 4. The MCLA and County Attorney are authorized to make offers to purchase the right to build a separate residential unit on the subject LO property at the most recent "Market Land Value" indicated on the Monroe County Property Appraiser's website in exchange for the retirement of that development right and execution of a title restriction, unity of title instrument, and other documents prepared by the County Attorney and/or MCLA legal counsel which are necessary to implement this program subject to the limitation that no purchase shall be made for more than $99,999.00 without an appraisal, in a form that acceptable to the County, which is paid for by the property owner. Page 2 of 3 Packet Pg. 1946 Section 5. Each agreement is subject to final approval by the Board, which retains the discretion to reject each transaction and/or otherwise modify this E program. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 20th day of June, 2018. , Mayor David Rice Yes x Mayor Pro Tem Sylvia Murphy Yes Commissioner Heather Carruthers Yes c�c Commissioner Danny Kolhage Yes 03 Commissioner George Neugent Yes BOARD OF COUNTY COMMISSIONERS .° OF MONROE COUNTY, FLORIDA V do or A VIN MADOK, CLERK 0 �J BY: By: Mayor David Rice _ Deputy Clerk CD M 0 Maw APPR T R' EY a Pco M: 'i;dPVf'aCD COUWTY�gT�rya,�R,Jla, cV !fy 0 Page 3 of 3 Packet Pg. 1947 c; RESOLUTION NO. 438 - 2018 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, a AMENDING RESOLUTION 175-2018, WHICH CREATED THE LESS THAN FEE ACQUISITION PROGRAM FOR THE PURPOSE OF RETIRING RESIDENTIAL DEVELOPMENT RIGHTS ON PROPERTY LOCATED IN THE (IS), (IS-M),AND (URM) LAND USE DISTRICTS FROM WILLING SELLERS; TO CLARIFY THE PRIORITY CRITERIA WITH RESPECT TO LOTS ON BIG PINE KEY AND NO NAME KEY; TO PRIORITIZE THE PURCHASE OF DEVELOPMENT RIGHTS OF LOTS WITH AN AGREED UPON PURCHASE PRICE OF ' c LESS THAN $100,000; TO AUTHORIZE A BASIS FOR MAKING A PURCHASE OFFER FOR OTHERWISE ELIGIBLE LOTS THAT HAVE BEEN COMBINED INTO ONE PARCEL NUMBER FOR TAX PURPOSES; AND TO CLARIFY y THAT THE COUNTY DOES NOT WAIVE ITS RIGHT TO PROSECUTE CODE VIOLATIONS IN EXISTENCE BUT UNDISCOVERED AT THE TIME OF THE TRANSACTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Monroe County, Florida (hereinafter `BOCC") adopted Resolution 175-2018 on June 20, 2018, which created the Less Than Fee Program that is designed to purchase residential development rights from willing sellers that own a vacant parcel that is located immediately adjacent to their homes and which are located in the Improved Subdivision (IS), Improved Subdivision - Masonry (IS-M), Urban Residential-Mobile Home (URM) land use districts; and co T- CD WHEREAS, the goal of the Less Than Fee Program is to reduce ongoing development LO pressures on hurricane evacuation clearance times and demands on public facilities and infrastructure while protecting property owner rights and avoiding unnecessary costs associated with defending property rights claims; and M co WHEREAS,the Less Than Fee Program is consistent with Policies 102.4.3 and 102.4.6 T- CD of the 2030 Monroe County Comprehensive Plan; and co Cn WHEREAS, in adopting Resolution 175-2018, the BOCC found that a less than fee acquisition program was an appropriate alternative to costlier fee simple acquisitions; and 0 WHEREAS, the BOCC and the Monroe County Land Authority(hereinafter"MCLA") entered into an interlocal agreement on October 19, 2016 regarding the acquisition of infill property for density reduction, among other government purposes; and Page 1 of 4 Packet Pg. 1948 H.7.e �i WHEREAS, F.S. 125.355 authorizes the BOCC to exempt any purchase of an interest in realty valued at under $100,000 from the requirement of obtaining an appraisal; and WHEREAS, the BOCC agreed to use dollars raised through the local option infrastructure sales surtax as authorized in F.S. 212.055(2)(d), which the County has budgeted in Fund 316 to cover costs associated with this program; and ° ° WHEREAS, the MCLA and County staff have been working together to develop and implement the Less Than Fee Program; and ° ° ° WHEREAS, due to additional growth limits on Big Pine Key and No Name Key, which are imposed as a result of the Incidental Take Permit, both islands are closer to build out than the rest of the County; and WHEREAS, County staff has determined that a significant number of otherwise eligible parcels have been combined by the Property Appraiser, at the request of the owner, into a single n parcel for tax purposes, thus rendering it impossible to use the methodology for making an offer 0) as set forth in Resolution 175-2018; and ° ° WHEREAS, County staff has received inquiries from property owners whose properties have been valued by the Property Appraiser as having a market land value in excess of$100,000 ° but who are willing to accept less than $100,000 for the purchase of the development rights to expedite the process; and ° ° WHEREAS,MCLA and County staff have recommended minor adjustments to the Less Than Fee Program as set forth in Resolution 175-2018, to wit: < CO - CD a) to prioritize any otherwise eligible lot on Big Pine Key and No Name Key, regardless LO of tier designation; b) to permit the use of the market land values on comparable vacant lots as the basis for making a purchase offer to purchase and retire the development rights from lots that have been ° combined with another lot for tax purposes only; CO - CD c) to prioritize transactions where the purchase price for the development rights is less CO than $100,000; and ° d) to clarify that despite the purchase of development rights, the County does not waive Ch its right to prosecute code violations on the subject parcels in existence but undiscovered at the time of the transaction; ° Page 2 of 4 Packet Pg. 1949 H.7.e ci NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA: Section 1. The recitals set forth above are incorporated herein as findings of fact by the Board. Section 2. Section 3. of Resolution 175-2018 is hereby amended to read as follows: To be eligible to participate in the program, subject parcels must be: a) Located within an Improved Subdivision (IS), Improved Subdivision — Masonry (IS-M), or Urban Residential-Mobile Home (URM) Land Use District; b) Consist of a lot with at least one (1) buildable unit or Transfer of Development Right (TDR). Priority shall be given to Tier III properties and to otherwise eligible lots located on Big Pine Key and No Name Key regardless of the lot's Tier designation. Priority X shall also be given to properties with an agreed upon purchase price of less than $100,000; c) Be held in common ownership with an immediately adjacent parcel that contains a residential structure as its principal structure; d) Eligible to receive a building permit for construction of a new residential dwelling unit under the current Monroe County > Comprehensive Plan and Land Development Code, and not prohibited by deed restriction or other instrument or legal impairment from receiving such a building permit; co CD e) Free of all code compliance liens and not the subject of a current LO code compliance case or other enforcement proceeding by the County or other regulatory agency; however, the property owner should be notified that the County does not waive its right to prosecute existing but undiscovered code violations at the time of E the transaction; and co CD f) Owned by a seller who is willing to convey the building rights toco n' the County under the terms and conditions set forth herein. Section 3. Section 4. of Resolution 175-2018 is hereby amended to read as follows: 0 The MCLA and County Attorney are authorized to make offers to purchase the right to build a separate residential unit on the subject property at the most recent"Market Land Value"indicated on the Monroe County Property Appraiser's website in exchange for the retirement of that development right and execution of a title restriction, unity of title instrument, and other e Page 3 of 4 Packet Pg. 1950 �i-71 documents prepared by the County Attorney and/or MCLA legal counsel which are necessary to implement this program subject to the limitation that no purchase shall be made for more than $99,999.00 without an appraisal, in a form that is acceptable to the County, which is paid for by the property owner. In the event an otherwise eligible vacant parcel of property has been combined for tax purposes only the Property Appraiser into a single parcel with another lot with a residential principal structure on it, MCLA staff is authorized to use the market land value from a comparable vacant lot in the vicinity as the basis for the offer to purchase the remaining,unused development rights. Section 4. This resolution shall take effect upon adoption and the additional criteria may be applied to applications already submitted for consideration. Section 5. Except as amended above, Resolution 175-2018 shall remain in full force and effect. For purposes of clarity, the new language amending Resolution 175-2018 appears as underlined. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, c Florida, at a regular meeting held on the 19`h day of December, 2018. 03 =� : ► H Win, m r�. Mayor Sylvia Murphy Yes Mayor Pro Tem Danny Kolhage Yes `�J— �,.. _-10 Commissioner Heather Carruthers Yes `c -< 4 o Commissioner Michelle Coldiron Yes �_... Commissioner David Rice Yesco LO � W CD r BOARD OF COUNTY COMMISSIONERS OF MONROX COUNTY, FLORIDA ATTEST': KEVIN MADOK, CLERK BY: co By: Mayor Sylvia Murphy T- CD Deputy Clerk c'o MONROE NTY ATTO c APP vE44. LL P BERT.Q..SI�ItrINC" :ral, Cps P*W— Page 4 of 4 Packet Pg. 1951 H.7.f AMY REAVILIN, CPA CLERK OF CIRCUIT COURT & COMPTROLLER0' CL MONROE COUNTY,FLORIDA 0 DATE: November 2, 2016 _ d TO: Bob Shillinger, County Attorney ATTN.• Kathy Peters, CP FROM. Cheryl Robertson Executive Aide to the Clerk of Court& Comptroller �1 0 At the October 19, 2016 Board of County Commissioner's meeting the Board granted approval and authorized execution of Item Ql 1 Approval of an Interlocal Agreement between the BOCC and the Land Authority regarding the acquisition of infill property for density reduction or other government _ purposes. (To be heard with L-1). 0 r- c N 0 cc: County Attorney(electronic copy) Finance (electronic copy) / File 500 Whitehead Street Suite 101,PO Box 1980,Key West FL 33040 Phone:305-295-3130 Fax:305-295-3663 3117 Overseas Highway,Marathon,FL 33050 Phone:305-289-6027 Fax:305-289-6025 88820 Overseas Highway,Plantation Key,FL 33070 Phone:852-7145 Fax.305-852-7146 Packet Pg. 1952 INTERLOCAL AGREEMENT BETWEEN THE MONROE COUNTY LAND AUTHORITY AND THE MONROE COUNTY COMMISSION AUTHORIZING THE LAND AUTHORITY TO ACT AS THE COUNTY COMMISSION'S AGENT IN THE ACQUISITION OF INFILL CL PROPERTIES FOR DENSITY REDUCTION, FLORIDA FOREVER PROJECT PROPERTIES, AND FOR OTHER GOVERNMENTAL PURPOSES 0 This Interlocal Agreement ("Agreement") is made and entered into this 19th day of October, 2016, by and between the Board of County Commissioners of Monroe County, Florida (`BOCC") and the Monroe County Comprehensive Plan Land Authority ("MCLA") in order to establish mutual agreements regarding the acquisition of properties in the name of the BOCC through the assistance of the d MCLA and its staff including but not limited to infill properties acquired for density reduction purposes; properties located within the Florida Forever Project boundaries in cooperation with the Florida a Department of Environmental Protection; and/or properties acquired for other governmental purposes. WHEREAS, the State of Florida through the Florida Keys Area Protection Act has identified the r State's intent to ensure that the population of the Florida Keys can be safely evacuated in the event of a hurricane. Fla. Stat. § 380.0552(2)0); and 0 WHEREAS, the State of Florida through Florida Keys Area of Protection Act has determined that one of the guiding principles shall be protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining the Florida Keys as a unique Florida resource. Fla. Stat. § CL 380.0552(7)(n); and = WHEREAS, the Florida Keys Area of Protection Act has established the goals, objectives, and policies to protect public safety and welfare in the event of a natural disaster by maintaining a hurricane evacuation clearance time for permanent residents of no more than 24 hours. Fla. Stat. § 380.0552(9)(a)(2); andrr 5 WHEREAS, the State of Florida has designated the Florida Keys as an Areas of Critical State c; Concern. Fla. Stat. § 380.0552, ("Keys ACSC"); and WHEREAS, the State of Florida has provided a means whereby each county in which one or more areas of critical state concern are located is authorized to create, by ordinance, a public body corporate and politic, to be known as a land authority to fulfill the purposes of the act. Fla. Stat § 380.0663(l); and WHEREAS, the State of Florida has provided that the land authority may acquire and dispose of real property or any interest therein when such acquisition is necessary or appropriate to prevent or satisfy private property rights claims resulting from limitations imposed by the designation of an area of critical state concern. Fla. Stat. § 380.0666(3); and cti WHEREAS, Monroe County has adopted such an ordinance creating Monroe County Comprehensive Plan Land Authority ("MCLA") and granting it the power to do any and all things necessary or convenient to carry out the purposes of such an ordinance. Monroe County Code Sec. 2-397; 2-398; and WHEREAS, the State of Florida has, in its last legislative session, created a new classification of properties which may be purchased by MCLA to include parcels which are highly developable infill Page 1 of 5 Packet Pg. 1953 H.7.f properties to reduce the rate of development in the Florida Keys ("Infill Density Reduction Properties"or "IDR Properties")Fla. Stat. § 380.0666(3); and m 0 WHEREAS, Monroe County is negotiating a Memorandum of Agreement for Florida Forever CL Keys Projects ("MOA Florida Forever Keys Projects") with Florida Department of Environmental Protection ("FDEP") for the acquisition by the County and joint acquisition by the County and the State of properties located within the Florida Forever Project boundary including but not limited to property in U- the Florida Keys Ecosystem, Coupon Bight/Key Deer, and North Key Largo Hammocks in accordance with Chapter 259, Florida Statutes, ("Florida Forever Project Properties" or "Florida Forever Properties"); and d c WHEREAS, Monroe County has adopted a Rate of Growth Ordinance ("ROGO"), as set forth in Chapter 138 of the Monroe County Land Development Code, with the stated purpose of protecting the residents, visitors and property in the county from natural disasters, specifically including hurricanes by limiting the annual amount and rate of residential development commensurate with the county's ability to maintain a reasonable and safe hurricane evacuation clearance time; and WHEREAS, ROGO permit allocations are currently limited, by rule promulgated by the Florida Administrative Code Rule 28-20.140, to 197 permits per year for Monroe County with an anticipated build out of all available permits for the Florida Keys by the year 2023. Monroe County Code Sec. 138- 24; and 0 WHEREAS, ROGO is implemented through a tier system whereby real property is divided into three tiers establishing criteria for the evaluation of real property for the building permit application process within Monroe County. The most highly developable infill properties are designated as Tier III properties. Monroe County Code Sec. 138-28; and WHEREAS, there are currently approximately 8,000 undeveloped, privately owned parcels, rr with over 3,000 of these undeveloped, privately owned parcels designated as Tier III properties in Monroe County; and WHEREAS, due to the limitations on the number of ROGO allocations imposed by the State of Florida, Monroe County may be unable to issue building permits for all of the undeveloped privately owned parcels, in Monroe County; and 0 WHEREAS, in order to reduce the potential liability of Monroe County for property rights claims and to address the corresponding potential impacts on the County's hurricane evacuation clearance times, the BOCC desires to purchase a category of property known as IDR Properties consisting of buildable undeveloped privately owned parcels designated Tier 111, which properties have little or no connectivity to conservation lands and little or no habitat value; and WHEREAS, IDR Properties will likely require additional management including maintenance, �+ mowing and trash removal not normally required for conservation lands; and ca ca WHEREAS, the MCLA has not traditionally provided such land management services and is not equipped to administer such land management and IDR Properties are not suited for management as conservation lands and therefore are not suited for inclusion in the MCLA's inventory of conservation lands; and Page 2 of 5 Packet Pg. 1954 WHEREAS, the MCLA is empowered to engage the services of private consultants on a contract basis for rendering professional and technical assistance and advice when purchasing real property. Fla. Stat. § 308.0666(9); and WHEREAS, the BOCC serves as the governing board of MCLA. Fla. Stat. § 380.0663(1); and WHEREAS, the BOCC has the management services available through Monroe County's c Department of Project Management and Facilities to provide the land management services required for the IDR Properties; and WHEREAS, separate and apart from its desire to purchase IDR properties, the BOCC also desires to work cooperatively with the FDEP to purchase Florida Forever Properties as set forth in the MOA Florida Forever Keys Projects for the purposes of preserving environmentally sensitive lands and for the purposes of reducing the State and County's potential exposure to property rights claims; and WHEREAS, in furtherance of that desire, the Board is negotiating the above-referenced memorandum of agreement with FDEP regarding the Florida Forever Keys Projects; and 0 WHEREAS, the parties hereto desire to establish an efficient and effective method by which MCLA may act as the BOCC's purchasing agent of IDR Properties and/or Florida Forever Properties; and 0 CL WHEREAS, the MCLA is authorized to take the lead in negotiating the acquisition of IDR 4- Properties and/or Florida Forever Properties, ordering pre-acquisition due diligence products including but not limited to; appraisals, boundary surveys, title search products, environmental assessments and any c other inspections required in order to facilitate the BOCC's acquisition of these properties; and WHEREAS, the parties hereto desire that title be taken for properties acquired by the County Cr through the assistance of the MCLA under this agreement in the name of the BOCC and/or the BOCC and the State with land management services for IDR Properties to be provided by Monroe County's Department of Project Management and Facilities. WHEREAS, it is the parties intent that nothing in this agreement shall prevent the MCLA from working cooperatively with the FDEP on acquisitions of qualifying properties under the existing statutes, regulations, and ordinances governing land acquisitions by both entities. NOW THEREFORE,the parties agree as follows: SECTION 1: The above recitals are true and correct and are incorporated herein by reference. The parties intend for this Agreement to serve as an acquisition agreement between the MCLA and the BOCC. SECTION 2: MCLA is authorized to act as a purchasing agent for the BOCC in the acquisition of IDR Properties, Florida Forever Properties and properties for governmental purposes. MCLA may engage the services of private consultants on a contract basis for rendering professional and technical assistance and advice to satisfy any and all necessary due diligence for the pre-acquisition of IDR Properties and/or Florida Forever Properties including but not limited to, appraisals, boundary surveys, title search products, environmental assessments and any other inspections required. MCLA is authorized to perform due diligence in researching each available parcel presented to the MCLA for acquisition. MCLA is Page 3 of 5 Packet Pg. 1955 H.7.f authorized to select IDR Properties and/or Florida Forever Properties for inclusion in the acquisition program. MCLA is authorized to enter into purchase and sale contracts, as purchasing agents, on behalf of BOCC for IDR Properties and/or Florida Forever Properties. CL SECTION 3: All due diligence costs shall be paid by the BOCC for IDR Properties or Florida Forever Properties. All invoices for such due diligence costs incurred by MCLA and owed by the BOCC shall be submitted by MCLA to the Monroe County Attorney for prompt payment by the Monroe County Clerk of c Circuit Court. The purchase price and any expenses incidental to the acquisition of properties shall be paid by BOCC. SECTION 4: The MCLA will present the selected properties for approval and acceptance by the BOCC at a duly noticed BOCC meeting. Title to IDR Properties and/or Florida Forever Properties will be taken in the name of the BOCC. Monroe County Attorney, as an administrative matter, is hereby authorized and directed to carry out the recording of deeds conveying title of IDR Properties and/or Florida Forever Properties to BOCC as grantee. SECTION 5: Modifications to this Agreement shall be valid only when reduced to writing and duly signed by all parties. c SECTION 6: If any term or provision of this Agreement shall be invalid or unenforceable to any extent, the parties agree to comply with the remaining terms and provisions, unless compliance with the remaining terms and provisions would prevent the accomplishment of the original intent of the agreement CL between the parties. _ SECTION 7: Either party may terminate this Agreement at any time, with or without cause. c Termination shall take effect upon receipt of written notification by a party to the other party. SECTION 8: Notification under this Agreement shall be made by hand delivery, U.S. certified mail, rr return receipt requested, or an express mail with proof of delivery. Notification by a party shall be delivered as follows: County Administrator 1100 Simonton Street Key West, FL 33040 0 Monroe County Attorney 1111 121" Street, Suite 408 Key West, FL 33040 Monroe County Comprehensive Plan Land Authority 1200 Truman Ave. (6 Suite 207 Key West, FL 33040 �i Virginia Stones Attorney for Monroe County Comprehensive Plan Land Authority 221 Simonton Street Key West,FL 33040 Page 4 of 5 Packet Pg. 1956 H.7.f SECTION 9: This Agreement is effective upon execution by all parties and approval the BOCC and the MCLA and ends upon termination of the Florida Keys Area of Critical State Concern designation, unless earlier termination according to the terms of this agreement. > IN WITNESS WHEREOF, the parties hereto have caused this Agreement t(9-)e execitftd bq- 03 their officials thereto duly authorized. r - ;X1 3 7 (Seal) +� -3 L t MONROE COUNTY BOARD OF IN,CLERK COUNTY CO MISSIONERS 1 88 r Heather arrut , Mayor/Chairperson 0. nureoyr,rCL r1 (Seal) Ln ATTEST: t _ MONROE COUNTY rr COMPREHENSIVE PLAN -M� iFFatMtF9x-^` LAND AUTHORITY ®c.i W By: Charles G. Pattison, Executive Director David Rice, Chairman 0 This docu ent repa7red and approved as to form by: Approved as to form and Ispalill►: C. Rene Rogers, Esq. Date r Assistant Monroe County Attorney Adele V. Slones, Esquire Florida Bar No.: 0101178 c i P.O.Box 1026 Key West, FL 33041-1026 (305) 292-3470 Page 5 of 5 Packet Pg. 1957 H.7.g �f r s � MONROE COUNTY , = n THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERNtv BUILD-OUT CHALLENGES FACING THE FLORIDA KEYS �` ` "" The Florida Keys are designated as an Area of Critical State Concern (ACSC) by the State Legislature. A Rate of Growth Ordinance (ROGO) was implemented in order to provide for the safety of residents in the event of a t hurricane evacuation and to protect the significant natural resources of Monroe County (MC), as required by the a, State of Florida. ROGO established a competitive permit allocation system whereby those applications with the highest scores are awarded building permits. In 2012, pursuant to Rule 28-20.140, F.A.C., the Department of Economic Opportunity (DEO) completed the hurricane evacuation clearance time modeling task and found that with 10 years' worth of building permits, the Florida Keys would be at a 24 hour evacuation clearance. Based upon the resulting 24 hour evacuation clearance, DEO determined the remaining allocations for the Florida Keys (3,550 additional permits countywide). In March 2013, the Governor and Cabinet, sitting as the State Administration Commission, U) approved the recommendation to allocate 10 years' worth of growth to the Florida Keys. As demonstrated in Table 1, at current dedicated funding levels for land acquisition efforts in the Florida Keys, and the remaining 1,421 allocations for dwelling units through the year 2023, it would take approximately 423 uo years to generate the funds equal to the tax assessed value and offer to purchase the remaining inventory of private,vacant parcels in the Florida Keys (unincorporated and incorporated). Table 1: 2018 Inventory of Privately-OwnedVac ant Parcels in Florida Keys and Approximate Land Value 2018 ESTIMATED YEARS TO 2018 2018 FUNDING GENERATE APPROXIMATE Based on Historic 0. NO. AVERAGE THE FUNDS AREA LAND VALUE Rates For VACANT PARCEL (December 2018 Acquisition of EQUAL TO THE ch c PARCELS VALUE*** MC Property TAX ASSESSED Appraiser data Conservation VALUE F Lands yi Key West ACSC* 133 $397,235 $52,832,202 $270,000* 196 0 Unincorporated MC 7,033 $85,858 $603,840,749 302.4) Marathon 1,349 $100,481 $135,548,863 68 4) Cr Layton 24 $123,928 $2,974,267 $2,000,000 14) Key Colony Beach 81 $347,988 $28,187,020 14 4 Islamorada 1,070 $158,061 $169,125,630 85 4) TOTAL PARCELS 9,690 $102,426 $992,508,731 0 TOTAL REMAINING In 2012, the State authorized 3,550 County wide allocations,including cities, .2 ALLOCATIONS 1,421 with 1,970 allocations for unincorporated MC. -0 i PARCELS TO CL PURCHASE 29`. $102,426*** $846,961,269 $ iiJiJ iiJi 423` (COUNTYWIDE) * During the 5 year period of FY 2014-2018, 100%of the Monroe County Land Authority expenditures in the Key TVest ACSC were for affordable housing. Previously, the Monroe County Land Authority historically allocated approximately 18%(5270,0004,0 of the Key TVest ACSC portion of tourist impact tax revenue to the purchase of conservation and recreation lands.S270,000 is used for analysis of Key TVest. **The total vacant parcels(9,690)less the 1,421 allocations available results in 8,269 parcels to purchase. At an average cost of 5102,426 it will take 423 years to acquire these parcels utilizing SM. ay ***This analysis assumes no growth in property value over tithe.Note property values could change exponentially. E i Land values for each jurisdiction are divided by the S2M estimated funding fagure. Note: The analysis in this paper is limited to tax assessed value of parcels and does not consider: the future willingness of owners to sell; if the value assumed will be equal to the acquisition price; sufficiency of funds; if the parcels have a marketable title; the suitability of public ownership of certain parcels; the feasibility and costs of managing parcels; etc. C - ember Packet Pg. 1958 H.7.g; Unincorporated Monroe County(MC): The State Administration Commission approved the recommendation to allocate 10 years' worth of growth (1,970 permits) to MC while maintaining an evacuation clearance time of 24 hours, through the year 2023. The State of Florida specifically allows the issuance of 197 building permits per year for new residential c M development(Rule 28-20.140, F.A.C.),within unincorporated MC. > 0 Table 2 demonstrates the challenges unincorporated MC may face, as there are 7,033 privately owned vacant parcels (minimum value of$603,840,749). With just 197 permits per year,it would take over 35 years' worth of annual allocations (at the current rate of 197) to absorb these parcels. This may result in a balance of 6,170 privately held vacant parcels at risk of not obtaining permits in the future (minimum value of $529,745,119. This deficit of building permit allocations could trigger takings suits against both the State and MC, if no additional permits are allowed beyond the year 2023. N Table 2: 2018 Analysis of Privately-Owned,Vacant Parcels in Unincorporated Monroe County, Florida TIER 2018 NUMBER OF PRIVATE YEARS TO ALLOCATE i VACANT PARCELS PERMITS No Tier(ORCA, etc. 223 Tier I 3,520 Tier II 292 z Tier III-A 187 Tier III 2,811 TOTAL 7,033- 35 7 w TOTAL REMAINING 863 ALLOCATIONS POTENTIAL LIABILITY 6,170* Assumes one (1)unit per parcel and does not take into account additional density potential. m Current Land Acquisition Strategies: Monroe County and the State of Florida could face a significant number of property rights suits due to the large number of undeveloped privately owned parcels in unincorporated Monroe County's portion of the Florida Keys ni Area of Critical State Concern, which far exceeds the number of new residential building permits allocations authorized by the State. In anticipation of this reality, the Monroe County Board of County Commissioners authorized staff to commence a land acquisition program to supplement the long standing efforts of the Monroe County Land authority and those of the State of Florida. Cr C i Since passage of the Stewardship Act, Monroe County and the Monroe County Land Authority and have C budgeted over $26M combined for land acquisition and spent/encumbered to date S 18.9+-Nl, refiring 251.01 development rights (as of October 2020). This amount does not including purchases for affordable housing. • Density Reduction Lot acquisition program: Residential property owners sell parcels with :5 development rights to the County. Density Reduction Lots may later be offered for sale with a .0 deed restriction to prohibit the development of the property with new housing units. The revenue derived from the sale of these deed restricted properties can help replenish the funds necessary to retire more development rights. c- o The County and Land Authority have spent or encumbered $8,448,484 on the density reduction program and conservation (inclusive of the County spending or encumbering s $1,407,722 on the density reduction program). • Less Than Fee acquisition program: Residential property owners that own an adjacent vacant property may sell the development right to build a home on that vacant property to the County in E exchange for legally allowed accessory uses on the adjacent parcel such as a pool, open yard or garage (and they retain ownership) There are about 700 parcels in this category. o The County has spent or encumbered$3,692,899 on the less than fee program. 2 P, I ,-Lge Monroe ounI Nl' BO November ' (12i` Packet Pg. 1959 H.7.g; • The County works with DEP to identify ideal properties that would fit the Florida Forever mission, as well as eliminate potential takings liability Since 2016, with the passage of the Stewardship Act, Florida DEP/DSL has spent/encumbered $4.5+M, retiring 76.82 development rights (as of October 2020). o The State's long-standing acquisition efforts in the Florida Keys is essential to maintain to reduce future liability. DEPshould aggressively pursue land acquisition in the Florida a Keys because over 3,500 privately-owned vacant, undeveloped parcels lie within the Florida Forever project boundaries: Table 3: Anal sis of Privatel -Owned,Vacant Parcels Within Florida Forever Proects in the Florida Keys WITHIN THE FLORIDA FOREVER NOT WITHIN THE FLORIDA TOTAL COMBINED BOUNDARY FOREVER N NO. 2018 2018 NO. 2018 2018 NO. 2018 OF AVERAGE APPROX OF AVERAGE APPROX OF APPROX AREA PARCELS PARCEL TOTAL PARCELS PARCEL TOTAL PARCELS TOTAL VALUE LAND VALUE LAND LAND VALUE VALUE VALUE �I Key West 0 $0 $0 133 $397,235 $52,832,202 133 $52,832,202 O Z Unincorp MC 3,039 $14,348 $43,603,716 3,994 $140,270 $560,237,033 7,033 $603,840,749 Marathon 414 $10,948 $4,532,519 935 $140,124 $131,016,344 1,349 $135,548,863 Layton 4 $98 $392 20 $148,694 $2,973,875 24 $2,974,267 Z LLi Key Colon 0 $0 $0 81 $347,988 $28,187,020 81 $28,187,020 Islamorada 77 $202,710 $15,608,696 993 $154,599 $153,516,934 1,070 $169,125,630 0 3,534 $18,038 $63,745,323 6,156 S150,871 S928,763,408 9,690 $992,508,731 LLi Allocations to be applied 1,421 U After allocations 8,269 $846,961,269 CL At present, there are two recurring dedicated funding sources for purchasing land within the County. The first is through half of a 1 cent Tourist Impact tax(pursuant to § 125.0108, F.S.),which provides an annual revenue for the Florida Keys ACSC of approximately S1.8million (5 year average of FY 14-18). This tax also generates approximately $2.3 million annually for the Key West ACSC (5 year average of FY 14-18). The second �I recurring revenue is provided throgh a State Park surcharge that generates approximately $470,000 annually (5 C year average of FY 14-18). For the total revenue (on average $2.27 million) in the Florida Keys ACSC, during the last 5-year timeframe, the Land Authority spent 89% (approximately S2M) to the acquisition of conservation land, with the remainder going towards purchase of parcels for affordable housing, or occasionally for active rr recreation areas. These funding sources alone will not be sufficient to meet the land acquisition needs of MC in �I the future. _I In recognition of the possibility that the inventory of vacant parcels exceeds the permits MC can award, the BOCC has already adopted some strategies to help transition land into public ownership to reduce the potential -� takings claims, and address the future build out of the Florida Keys by incentivizing development that eliminates privately owned vacant parcels and/or provides other development options. These strategies include: CL �I LU ADOPTED COUNTY STRATEGIES • Incentivize Dedication of Land —County adopted an amendment to encourage additional land dedication by providing additional points in ROGO/NROGO. • Discouragement Policy — County adopted an amendment to discourage private applications for FLUM amendments that increase density, as required by Rule 28-20.140, F.A.C., unless mitigated by providing land(acreage or Improved Subdivision [IS]parcels)to the County. • Created Commercial FLUM category (no residential uses) - County adopted an amendment to provide options to re-designate property for other nonresidential uses(Provides alternative uses of property). 3 i `e M o I1 r o e C' o ti n 1 N, B 0 $ CA S e in b e r ' i` 0 Packet Pg. 1960 H.7.g; • Revised NROGO to make the process simpler and encourage nonresidential redevelopment and development. Created the NROGO banks of untilized floor area to make NROGO easier to award additional square footage. • Revised Lot Aggregation to encourage additional aggregation by increasing points awarded in ROGO. • Revised Land Dedication in ROGO to provide additional points and options for dedicating land to the County. 0. 0. • Revised transfer procedure for ROGO exemptions to provide the ability to transfer a market rate unit from < one location to another with the provision of affordable housing. m • Adopted an Interim Development Ordinance limiting the transfer of market rate ROGO exemptions to single-family residential legally platted lots (dispersing development rights and not grouping multiple development rights on a single property). • Revised Transfer of ROGO exemptions criteria for market rate units - to be developed as a single family detached market rate dwelling unit on a receiver site that is a platted lot, IS or URM zoning, and not a n working waterfront. • Revised Affordable Housing Incentive Program on the transfer of market rate ROGO exemptions to i single-family platted lots,with IS or URM zoning, and not a working waterfront. • Revised ROGO distribution to extend the remaining market rate ROGOs out for an additional three (3) 0 years from 2023 to 2026 -provides additional time to implement other strategies, such as land acquisition. • Adopted land acquisition priorities (Policy 102.4.2) to balance growth management, habitat protection retirement of development rights, reduction of density & intensity, future build-out of the Florida Keys, climate change, sea level rise,affordable housing,etc. • Continued partnership with Monroe County Land Authority to aggressively purchase lands and retire U development rights. • Established a Density Reduction Lot acquisition program. This is a voluntary program to retire development rights, with the County purchasing property from willing sellers. Density Reduction Lots may be offered for sale with a deed restriction to prohibit the development of the property with new housing units. The revenue derived from the sale of these deed restricted properties can help replenish the funds necessary to retire more development rights. m The County and Land Authority have spent or encumbered$8,448,484 on the density reduction program and conservation (inclusive of the County spending or encumbering $1,407,722 on the density reduction program).. i • Established a County Less than fee acquisition program. This is a voluntary program to retire building rights called the "Less than Fee" (LTF) program. For residential property owners that own an adjacent A vacant property, the County will purchase the right to build a house on the vacant property. This willing rr seller program allow owners to retain ownership of their vacant property and use it for legally allowed i accessory uses like a pool, open yard or garage in exchange for selling the right to build a home on that property. The County has spent or encumbered$3,692,899 on the less than fee program. • Continued partnership with Florida Department of Environmental Protection (DEP)to continue to acquire c lands within the Florida Forever projects with cost share responsibilities(2016 MOA with DEP to acquire &retire development rights). i Since 2016, Florida DEP has spent/encumbered$4.5+M, retiring 76.82 development rights. CL While these adopted strategies, if utilized, help reduce the potential takings claims (and some off-set the costs for direct acquisition of land), the projected costs outlined in Table 1 (page 1) suggest that these efforts will not serve to close the gap between the number of vacant parcels that may seek a permit and the number of permits the County is currently authorized by the State to issue,based on ROGO. The County staff recognizes the need for ADDITIONAL STRATEGIES aimed at reducing the total inventory of privately owned vacant land. To that end, MC staff has evaluated potential future policy and program strategies U that could apply within the Florida Keys (see January 30, 2019 BOCC agenda),including: 4P i `?, e M o li r o o u ii � v B $ CA S e e b e r ' i` U Packet Pg. 1961 ;o!enoaddy) a!qe&MZ uef q&!M SNOUVONDWWOODN kOIIOd sO!Balejls uo!l!s!nboe puel&no pl!nq NDd`dd D11WM:&uOwL]OelIV m a U U rl N N YO N O� M ti U A z z z x� O c� A 'V W U W O U W U W U �v P. 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