Item K12 K 72
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County of Monroe
�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: K.12
Agenda Item Summary #8429
BULK ITEM: No DEPARTMENT: Assistant County Administrator
Christine Hurley
TIME APPROXIMATE: STAFF CONTACT: Christine Hurley (305) 292-4441
9:20 AM
AGENDA ITEM WORDING: Approval an interlocal agreement between Monroe County Land
Authority (MCLA) and Monroe County (MC) 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; and repealing the prior
interlocal agreement dated October 19, 2016.
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,
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✓ 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 operations and define future manage ent:
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.
PREVIOUS RELEVANT BOCC 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.)
May 19, 2021 — Discussion and Direction to amend existing interlocal agreement between Monroe
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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 AIS
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 out_land_acquisition_strategies POLICY RECOMMENDATIONS_with Jan
2019 table
Land Acquisition Programs
FINANCIAL IMPACT:
Effective Date: Sections 3 & 8 take effect starting August 22, 2021; the rest takes effect on
10/1/21.
Expiration Date: None.
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: n/a
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Additional Details:
REVIEWED BY:
Christine Hurley Completed 07/07/2021 10:58 AM
Cynthia Guerra Completed 07/07/2021 12:53 PM
Bob Shillinger Completed 07/07/2021 1:33 PM
Purchasing Completed 07/07/2021 1:34 PM
Budget and Finance Completed 07/07/2021 2:55 PM
Maria Slavik Completed 07/07/2021 2:57 PM
Liz Yongue Completed 07/07/2021 3:21 PM
Board of County Commissioners Pending 07/21/2021 9:00 AM
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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 E
County Comprehensive Plan Land Authority("MCLA").
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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
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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
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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 0.
necessary or convenient to carry out the purposes of such an ordinance. Monroe County Code Sec. 2-397;
2-398; and
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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
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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;
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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 c)
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, with
over 3,000 of these undeveloped, privately owned parcels designated as Tier III properties in Monroe m
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 residential building permits for all of the undeveloped
privately owned parcels, in Monroe County; and
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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:
A. Created the Less Than Fee Acquisition Program;
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
Program with deed restrictions that stripped ability of owner to apply for a rate of growth S
ordinance (ROGO) allocation; U
D. Supported land maintenance of conservation lands including coordination of land 'a
maintenance of vacant county owned land from the Monroe County Environmental Land
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
including but not limited to:
a. Community Development Block Grant(CDBG)
b. Hazard Mitigation Grant Program (HMGP) (currently in application with 0
FDEM) 0.
C. Flood Mitigation Assistance (FMA)program (currently developing applications);
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As well as r
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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
Monroe County,as amended for the 2 d time on May 20, 2020; and E
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
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claims; and U
NOW THEREFORE,the parties agree as follows:
SECTION 1 -RECITALS: The above recitals are true and correct and are incorporated herein by
reference. The parties intend for this Agreement to address program administration of acquisition
programs described below.
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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
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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.
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SECTION 3 - PROGRAMMING: MCLA's administration will include grant management of the 2
BOCC programs outlined below (hereinafter the "Programs"), including, but not limited too seller and/or
buyer coordination; negotiating purchase and sale agreements; ordering due diligence products on behalf
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 Ij
responsible for preparing all agenda items necessary to accomplish the purposes of this agreement,
including but not limited to agenda items requiring BOCC approval. MCLA staff shall coordinate with
BOCC staff as to placement on the appropriate segment of the BOCC portion of the agenda. Lands
acquired under said Programs shall be purchased with funds from either the BOCC or the referenced grant
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 0
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.
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PROGRAMS: N
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L 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-
2018 and amended by BOCC Resolutions 438-2018 and 063-2020. i
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II. Density Reduction Acquisition Pro. : This is a fee simple acquisition program o
for those lots that are not suited for management as conservation land. The 2
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program was established to retire the rights to build dwelling units on said lots
pursuant to the 2016 Interlocal Agreement between MCLA and the BOCC.
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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 ca
previously approved of offering eleven Duck Key lots for sale through U
Resolutions 379-2019 and 122-2021; neither resolution contemplated or
authorized further dispositions.
IV. Conservation Land Stewardship Program: This is a program to manage
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
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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
amended on March 17, 2021. Properties acquired under this program must be
maintained for open space, recreation, or stormwater management.
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VI. Hazard Mitigation Grant Program (HMGP)Acquisition and Demolition: This is a
program to purchase and demolish improved properties that were damaged
during Hurricane Irma, to acquire the associated ROGO exemption, and to U
maintain the acquired properties as open space. The BOCC authorized a
submitting a grant application for this program on July 18, 2018 (Item D-4).
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VIL Flood Mitigation Assistance (FMA) Acquisition and Demolition: This is a
program to purchase and demolish improved properties that were damaged
during Hurricane Irma or other flood events, to acquire the associated ROGO 76
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).
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VIII. Florida Forever Program: MCLA will coordinate with Florida Department of r
Environmental Protection (DEP) and Department of Economic Opportunity r`i
(DEO) regarding the State's acquisition of property within Florida Forever 0)
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
Florida and will assist DEP in identifying willing sellers within Florida Forever o
projects. Nothing in this agreement shall prevent the MCLA from working m
cooperatively with the DEP on acquisitions of qualifying properties under the
existing statutes, regulations, and ordinances governing land acquisitions by both
entities.
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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 J
single audit report and audit function of BOCC.
SECTION 5—EMPLOYMENT: The positions referenced below will be BOCC payroll positions and to m
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
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
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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.
STAFFING: POSITION NUMBERS:
Land Steward GMGM-005 m
Land Steward Assistant GMENV-020
New FTE Land Steward Employee rBC
Acquisition Manager GMPLN-032
Mitigation Administrator GMBLG-053
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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 c)
well as the Career Service Council Act and corresponding rules and regulations. In the case of any a
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.
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SECTION 6:
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 0.
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 N
agreement to fund the position appropriate to the program. r�
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For each of the five (5) positions listed above, while the position is held by a BOCC employee but W
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
laws including but not limited to alleged violations of Americans with Disabilities Act as amended, Title o
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.
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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. c)
SECTION 7 - GIS SERVICES: The BOCC will provide GIS services related to land acquisition, and
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. m
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,
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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.
SECTION 9- MISCELLANEOUS:
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A. Modifications to this Agreement shall be valid only when reduced to writing and duly
signed by all parties. If any term or provision of this Agreement shall be invalid or CD
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 S
effect upon receipt of written notification by a parry to the other party. c)
B. Notification under this Agreement shall be made by hand delivery, U.S. certified mail a
return receipt requested, or an express mail with proof of delivery.Notification by a parry
shall be delivered as follows:
Monroe County Administrator
1100 Simonton Street 76
Key West, FL 33040
Monroe County Attorney
I I 1112th Street, Suite 408
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Key West, FL 33040 r�
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Monroe County Comprehensive Plan Land Authority Executive Director
1200 Truman Ave., Suite 207
Key West, FL 33040
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Gregory S. Oropeza,Esquire o
Attorney for Monroe County Comprehensive Plan Land Authority
221 Simonton Street
Key West, FL 33040
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[The remainder of this page is intentionally blank]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their CD
officials thereto duly authorized.
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(Seal)
KEVIN MADOK, CLERK MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
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By: By: W
Deputy Clerk Michelle Coldiron, Mayor
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(Seal) >
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ATTEST: MONROE COUNTY
COMPREHENSIVE PLAN
LAND AUTHORITY
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By: By:
Charles G. Pattison, Executive Director David P. Rice, Chairman
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APPROVED FOR LEGAL SUFFICIENCY:
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By:
Gregory S. Oropeza, Esq.
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K.72.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.
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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
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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
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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
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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
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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
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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:
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RE00379800-000000-$22,460
RE00380440-000000 -$27,410
RE00383380-000000 - $24,660
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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:
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Section 1: The "Whereas"clauses set forth above are incorporated herein as findings by the
Board.
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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.
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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
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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
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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. 2490
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CountCounty ��Monroe ,y, ' "tr, BOARD OF COUNTY COMMISSIONERS
y M T� \�1a� Mayor Michelle Coldiron,District 2
�1 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
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.
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ITEM BACKGROUND: The attached Resolution directs the Land Authority staff to work with the
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 t
simple acquisition), this program would only buy and retire the building right itself so that the v)
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,
garage, boat and/or trailer storage, and any other accessory uses allowed. All willing seller purchase 2
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offers will come before the Board for final approval.
The resolution sets forth the following criteria. 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;
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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.
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c) Be held in common ownership with an immediately adjacent parcel that contains
a residential structure as its principal structure;
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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) Free of all code compliance liens and not the subject of a current code compliance
Packet Pg. 2491
K.12.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.
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
E
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:
5/16/18 (P5) County Attorney requested item be moved to BOCC 6/20/18 meeting agenda
In 2016, the Board budgeted funds for purchases which are intended to reduce density and to reduce
the County's potential exposure to property rights' related lawsuits through voluntary purchases.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
STAMPED Less than Fee Resolution June 2018 BOCC meeting 6 5 18 U
Resolution 175-2018
c
FINANCIAL IMPACT:
Effective Date: Upon adoption
Expiration Date: n/a
Total Dollar Value of Contract: n/a
Total Cost to County: To be determined
Current Year Portion: To be determined
co
Budgeted: Yes
Source of Funds: Fund 304 or 316
CPI: n/a ti
Indirect Costs: staff costs incurred in administering the program and conducting closings. U
Estimated Ongoing Costs Not Included in above dollar amounts: n/a
Revenue Producing: n/a If yes, amount:
Grant: n/a
County Match:
Insurance Required:
Additional Details:
Packet Pg. 2492
K.12.c
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 0)
Board of County Commissioners Completed 05/16/2018 9:00 AM 2,
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Packet Pg. 2493
K.12.d
RESOLUTION NO. 175 - 2018
A RESOLUTION OF THE BOARD OF COUNTY
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.
WHEREAS, the Board of County Commissioners of Monroe County, Florida
(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 c
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
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; and
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WHEREAS, the BOCC agrees to use dollars raised through the local option LO
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
0
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. 2494
• K.12.d
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLOIRDA:
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.
c�
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;
76
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.
N
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 0.
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) 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.
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Section 4. The MCLA and County Attorney are authorized to make offers to LO
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 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. 2495
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
program. o
0
0
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.
0
0
Mayor David Rice Yes c)
Mayor Pro Tem Sylvia Murphy Yes
Commissioner Heather Carruthers Yes
c�c Commissioner Danny Kolhage Yes
Commissioner George Neugent Yes c)
BOARD OF COUNTY COMMISSIONERS
.° OF MONROE COUNTY, FLORIDA
A VIN MADOK, CLERK 0
�J BY:
By: Mayor David Rice
Deputy Clerk o
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Page 3 of 3
Packet Pg. 2496
K.12.e
RESOLUTION NO. 438 - 2018
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AMENDING RESOLUTION 175-2018, WHICH CREATED THE
LESS THAN FEE ACQUISITION PROGRAM FOR THE
PURPOSE OF RETIRING RESIDENTIAL DEVELOPMENT E
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 '
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
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.
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WHEREAS, the Board of County Commissioners of Monroe County, Florida T-
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(hereinafter `BOCC") adopted Resolution 175-2018 on June 20, 2018, which created the Less
LO
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
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WHEREAS, the goal of the Less Than Fee Program is to reduce ongoing development
pressures on hurricane evacuation clearance times and demands on public facilities and co
infrastructure while protecting property owner rights and avoiding unnecessary costs associated "'
with defending property rights claims; and
0
WHEREAS,the Less Than Fee Program is consistent with Policies 102.4.3 and 102.4.6
of the 2030 Monroe County Comprehensive Plan; and
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
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. 2497
K.12.e
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
c
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
parcel for tax purposes, thus rendering it impossible to use the methodology for making an offer
as set forth in Resolution 175-2018; and
0.
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$100,00000
but who are willing to accept less than $100,000 for the purchase of the development rights to T-
expedite the process; and n'
LO
WHEREAS,MCLA and County staff have recommended minor adjustments to the Less
Than Fee Program as set forth in Resolution 175-2018, to wit:
M
a) to prioritize any otherwise eligible lot on Big Pine Key and No Name Key, regardless CO
T-
of tier designation; CD
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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; y
c) to prioritize transactions where the purchase price for the development rights is less
than $100,000; and
d) to clarify that despite the purchase of development rights, the County does not waive
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. 2498
K.12.e
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:
e
a) Located within an Improved Subdivision (IS), Improved
Subdivision — Masonry (IS-M), or Urban Residential-Mobile
Home (URM) Land Use District; ca
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
shall also be given to properties with an agreed upon purchase price °
of less than $100,000; >
°
0.
c) Be held in common ownership with an immediately adjacent parcel
that contains a residential structure as its principal structure; `o
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d) Eligible to receive a building permit for construction of a new
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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;
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e) Free of all code compliance liens and not the subject of a current T_
code compliance case or other enforcement proceeding by the
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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
the transaction; 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.
°
Section 3. Section 4. of Resolution 175-2018 is hereby amended to read as follows:
e
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
Page 3 of 4
Packet Pg. 2499
,K.12.e
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 E
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.
c
Section 4. This resolution shall take effect upon adoption and the additional criteria
may be applied to applications already submitted for consideration. ca
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.
0
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 191h day of December, 2018. 03 =�
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Mayor Sylvia Murphy Yes ��,��} oo C>
Mayor Pro Tem Danny Kolhage Yes `J -M..
Commissioner Heather Carruthers Yes � T
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t „ Commissioner Michelle Coldiron Yes
Commissioner David Rice Yes
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41 . BOARD OF COUNTY COMMISSIONERS
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OF MONROX COUNTY, FLORIDA
ATTEST': KEVIN MADOK, CLERK
BY: y
By: qa—a'�� Mayor Sylvia Murphy
Deputy Clerk U-
MONROE NTy ATTO Ey
APP vE 4.p.
P BERT.8,SHWNC."
P*ts Col �7TOR ��i
Page 4 of 4
Packet Pg. 2500
K.12.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
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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. 2501
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. 2502
K.12.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
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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. 2503
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. 2504
K.12.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. 2505
K.12.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) +�
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MONROE COUNTY BOARD OF
IN,CLERK COUNTY CO MISSIONERS
1 88
r Heather arrut , Mayor/Chairperson 0.
nureoyr,rCL
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(Seal)
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ATTEST: t _ MONROE COUNTY
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COMPREHENSIVE PLAN
-M� iFFatMtF9x-^` LAND AUTHORITY ®c.i
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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. 2506
K.12.g
�f
r
MONROE COUNTY `
THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN q'
BUILD-OUT CHALLENGES FACING THE FLORIDA KEYS �`
0
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 0
hurricane evacuation and to protect the significant natural resources of Monroe County (MC), as required by the
State of Florida. ROGO established a competitive permit allocation system whereby those applications with the et
highest scores are awarded building permits. W
Z
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,
approved the recommendation to allocate 10 years' worth of growth to the Florida Keys. i
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
years to generate the funds equal to the tax assessed value and offer to purchase the remaining inventory of a
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
U
2018 ESTIMATED YEARS TO
2018 2018 APPROXIMATE FUNDING GENERATE
VALUE Based on Historictoric
LAND
AREA NO. AVERAGE Rates For THE FUNDS
VACANT PARCEL (December 2018 EQUAL TO THE
Acquisition of i
PARCELS VALUE*** MC Property TAX ASSESSED
Appraiser data.) Conservation VALUE
Lands
Key West ACSC* 133 $397,235 $52,832,202 $270,000* 196
Unincorporated MC 7,033 $85,858 $603,840,749 302.4)
Marathon 1,349 $100,481 $135,548,863 68 4)
Layton 24 $123,928 $2,974,267 $2,000,000 14) Cr
Key Colony Beach 81 $347,988 $28,187,020 14 4
Islamorada 1,070 $158,061 $169,125,630 85 4
i
TOTAL PARCELS 9,690 $102,426 $992,508,731
TOTAL REMAINING In 2012, the State authorized 3,550 County wide allocations, including cities,
ALLOCATIONS 1,421 with 1,970 allocations for unincorporated MC. c
PARCELS TO
PURCHASE 8,2 9�`.� $102,426*** $846,961,269 S ,000,000 423`* 1
(COUNTYWIDE)
CL
* Duringthe S ear period o FY 2014-2018, 100%o the Monroe Coun Land Authorit expenditures in the Key TVest ACSC were or a ordab7e
Y p f f Y p Y f ff e(
housing. Previously, the Monroe County Land Authority historically allocated approximately 18%(5270,000/yr) 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 ofKey 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 S2M S
***This analysis assurnes no growth in property value over tithe.Note property values could change exponentially.
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.
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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
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
e(
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.
Table 2: 2018 Analysis of Privately-Owned,Vacant Parcels in Unincorporated Monroe County, Florida N
TIER 2018 NUMBER OF PRIVATE YEARS TO ALLOCATE
VACANT PARCELS PERMITS
No Tier(ORCA, etc. 223 i
Tier I 3,520 z
z
Tier II 292
Tier III-A 187
Tier III 2,811 z
TOTAL 7,033- 35 7
TOTAL REMAINING
ALLOCATIONS 863
POTENTIAL LIABILITY 6,170*
Assumes one (1)unit per parcel and does not take into account additional density potential. U
Current Land Acquisition Strategies: CLi
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
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.
Since passage of the Stewardship Act, Monroe County and the Monroe County Land Authority and have r
budgeted over $26M combined for land acquisition and spent/encumbered to date S18.9+-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
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 .0
retire more development rights.
o The County and Land Authority have spent or encumbered $8,448,484 on the density c-
e
reduction program and conservation (inclusive of the County spending or encumbering c-
$1,407,722 on the density reduction program).
• Less Than Fee acquisition program: Residential property owners that own an adjacent vacant s
property may sell the development right to build a home on that vacant property to the County in
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. E
o The County has spent or encumbered$3,692,899 on the less than fee program.
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• The County works with DEP to identify ideal properties that would fit the Florida Forever -a
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 c
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
BOUNDARY FOREVER TOTAL COMBINED
NO. 2018 2018 NO. 2018 2018 NO. 2018
OF AVERAGE APPROX OF AVERAGE APPROX OF APPROX r"
AREA PARCELS PARCEL TOTAL PARCELS PARCEL TOTAL PARCELS TOTAL CV
VALUE LAND VALUE LAND LAND
VALUE VALUE VALUE
Key West 0 $0 $0 133 $397,235 $52,832,202 133 $52,832,202 �.
Unincorp MC 3,039 $14,348 $43,603,716 3,994 $140,270 $560,237,033 7,033 $603,840,749
U)
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
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 Z
LLi
3,534 1 $18,038 $63,745,323 6,156 S150,871 S928,763,408 9,690 $992,508,731
Allocations to be
applied
1,421
LLi
After allocations 8,269 $846,961,269
tJ
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 CL
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 .
recurring revenue is provided throgh a State Park surcharge that generates approximately $470 000 annually (5
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 Ci
land, with the remainder going towards purchase of parcels for affordable housing, or occasionally for active
recreation areas. These funding sources alone will not be sufficient to meet the land acquisition needs of MC in
the future. rr
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
i
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: -�
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).
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• 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.
• 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. 0.
0.
• 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 CD
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working waterfront.
• Revised Affordable Housing Incentive Program on the transfer of market rate ROGO exemptions to
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) i
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, 0
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
development rights.
• Established a Density Reduction Lot acquisition program. This is a voluntary program to retire U
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.
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 2
program)..
• 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
vacant property, the County will purchase the right to build a house on the vacant property. This willing
seller program allow owners to retain ownership of their vacant property and use it for legally allowed A
accessory uses like a pool, open yard or garage in exchange for selling the right to build a home on that rr
property.
The County has spent or encumbered$3,692,899 on the less than fee program. aI
• Continued partnership with Florida Department of Environmental Protection (DEP)to continue to acquire
lands within the Florida Forever projects with cost share responsibilities(2016 MOA with DEP to acquire
&retire development rights). c
Since 2016, Florida DEP has spent/encumbered$4.5+M, retiring 76.82 development rights. :2
i
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 CL
serve to close the gap between the number of vacant parcels that may seek a permit and the number of permits a.
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 m
that could apply within the Florida Keys (see January 30, 2019 BOCC agenda),including: E
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