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Item D3 LAND AUTHORITY GOVERNING BOARD AGENDA ITEM SUMMARY Meeting Date: July 18, 2013 Division: Land Authority Bulk Item: Yes No X Contact/ Phone#: Mark Rosch / 295-5180 Agenda Item Wording: Workshop on land acquisition. Item Background: On May 15, 2013 the Board indicated a desire to meet in workshop session to discuss the types of land the Land Authority should be acquiring given the County's evolving comprehensive planning issues. The request for the workshop arose during the Board's discussion of whether to purchase a site that had received approval for two ROGO allocations. As background information staff has included a discussion paper addressing topics suggested by Board members, a copy of the Land Authority's 2013 Acquisition List, and the current Comprehensive Plan policy addressing unused ROGO allocations. Advisory Committee Action: N/A Previous Governing Board Action: See above. Contract/Agreement Changes: N/A Staff Recommendation: N/A Total Cost: $ Indirect Cost: $ Budgeted: Yes_ No Cost to Land Authority: $ Source of Funds: Approved By: Attorney County Land Steward _. Documentation: Included: X To Follow: Not Required: Disposition: Agenda Item Discussion Paper for Land Acquisition Workshop The Land Authority's Acquisition List Each year the Land Authority Advisory Committee prepares a recommended Acquisition List. Per section 380.0667, Florida Statutes, the list is forwarded to the Land Authority Governing Board for approval "in whole or in part, in the order of priority recommended by the Advisory Committee." Once adopted, the Acquisition List provides staff with the policy direction necessary to know which properties to pursue. The update process provides the policymakers with the ability to make regular adjustments to the Land Authority's direction. Over the years, the conservation land portions of the Land Authority's acquisition lists have moved away from listing specific parcels or subdivisions toward more generic categories of property types. This approach has allowed the program to respond quickly when desirable properties become unexpectedly available, instead of having to go back through the adoption process to add the properties to the Acquisition List. The Tier System became effective in 2007 and provides an excellent broad-brush framework for guiding the land acquisition program. The Land Authority's acquisition lists have since used the Tier System as a policy document for differentiating between lands in less-developed areas with significant habitat worthy of acquisition for conservation (Tier 1, 2, and 3A) and lands in more- developed areas appropriate for development (Tier 3). Tier 1 — Natural Area Tier 2 —Transition and Sprawl Reduction Area Tier 3A—Special Protection Area Tier 3— Infill Area This year the Board approved the 2013 Acquisition List on April 17, 2013 and the conservation portion consists of the following generic categories: • Property rendered unbuildable by County regulations • Property eligible for ROGO Administrative Relief • Property designated Tier 1, Tier 2, or Tier 3-A • Property designated Tier 3 bordering public conservation land The first three categories were carried forward from last year's list. The category for Tier 3 land bordering public conservation land is new and reflects the potential for some lands in this category to provide opportunities for restoration, for rounding-out the boundary of public lands, and for eliminating exotic plant seed sources that are impacting conservation lands. Amending the Acquisition List The Board has the ability to remove properties from the Acquisition List at any time during the year. This could be accomplished by deleting an entry from the list; narrowing the scope of an entry; or adding conditions to an entry. 1 Potential Topics for Discussion 1. ROGO Allocations Currently Available Versus Privately Owned Undeveloped Parcels — The number of privately owned undeveloped parcels (approximately 8,000 in the unincorporated area and 11,000 county-wide) exceeds the ten-year allotment of ROGO allocations currently available (1,970 in the unincorporated area and 3,550 county-wide). The Board is scheduled to consider actions related to this issue under a separate Growth Management Division agenda item. During the 18-year period from 1994 to 2011, the State of Florida, the County, and the Land Authority acquired approximately 6,100 parcels of land. 2. Whether Or Not To Purchase Properties That Have ROGO Allocations — The vast majority of the properties the Land Authority has purchased over the years have not had ROGO allocations. There were four parcels the Land Authority purchased in 2013 that did. The purchase prices were $30,000 per parcel. Absent the ROGO allocations, the Land Authority would have offered $16,000 per parcel. Each of these properties was eligible for purchase due to its Tier designation (either Tier 1 or Tier 3A). One of the properties was also an Administrative Relief property that was awarded an allocation through the normal ranking process while the Land Authority was preparing to make a purchase offer. Pursuant to Policy 101.2.13 of the Comprehensive Plan (as amended by Rule 28-20.140, FAC), once the Land Authority purchased these properties, the associated ROGO allocations went into a pool reserved for Administrative Relief applicants. Some advantages of these purchases: • They protected Tier 1 and Tier 3A lands that had the potential of being immediately developed and thus protected the habitat patches from fragmentation. • They provided the County with additional ROGO allocations to issue for Administrative Relief, which contributed toward the viability of ROGO. Some disadvantages of these purchases: • They cost more on a per parcel basis than properties without ROGO allocations. • Having received ROGO allocations, one would expect the Sellers to be less likely to make a property rights claim against the County than the many other property owners who lack allocations. 3. Consideration of Sea Level Rise — Per the Board's request last year, the Land Authority's agenda materials for each proposed land purchase include information on the property's probability of inundation. The Southeast Florida Regional Climate Change Compact 50-year sea level rise projection is 9 to 24 inches by the year 2060. The South Florida Water Management District has provided the County with estimates of the probability of inundation for sea level increases of one foot, two feet, and three feet. The upland habitats of the Keys (tropical hardwood hammocks and pinelands) tend to have higher elevations and therefore lower probabilities of inundation due to sea level rise. It has been the Land Authority's practice over the years to emphasize upland habitats, so prioritizing the areas least likely to be impacted by sea level rise is consistent with this practice. However the concern over sea level rise is just one factor to consider and has not precluded the Land Authority from purchasing low hammock, transitional wetland, and freshwater wetland properties as well. 2 4. Consideration of Proximity to Development — The linear geography of the Keys means that no parcel is going to be a great distance from development by mainland standards. By Keys standards, the Tier System generally provides a good indicator of a property's proximity to development due to its linkage to habitat patch size. It has been the Land Authority's practice over the years to limit conservation purchases to those properties designated Tier 1, 2, or 3A. With the recent exception of Tier 3 properties bordering public conversation land, the Land Authority has generally not targeted Tier 3 land for conservation. Tier 3 lands are generally the most expensive to buy, have the largest impact on the tax roll, and are the most challenging and expensive to manage as conservation land. The factors that make Tier 3 lands the best-suited development sites often make them the least-suited for conservation. • Many Tier 3 lots don't have any native vegetation and lack native seed sources for recruitment; they often have scarified ground conditions and an absence of soil, which makes a poor substrate for re-vegetation with native plants; and they are often prime habitat for invasive exotic species that will result in an ongoing maintenance problem. • Many Tier 3 lots consist of filled wetlands. Scraping them down to wetland conditions would be expensive, would result in isolated disconnected wetlands, and would generate complaints of mosquito habitat in developed neighborhoods. • The open character of Tier 3 lots invites frequent and recurring unauthorized uses such as parking, storage, and encroachments. 5. Affordable Housing — Within the Florida Keys Area of Critical State Concern, the Land Authority has not made any affordable housing acquisitions since 2009. Within the Key West Area of Critical State Concern, all of the Land Authority's acquisitions since 2005 have been for affordable housing. Since 2010, following problems with the Bahama Conch Community Land Trust, it has been the Land Authority's policy to convey affordable housing sites to government partners only. The Land Authority's Acquisition List currently includes the following statement regarding the evaluation of potential affordable housing sites: The MCLA Advisory Committee will consider adding to the Acquisition List, on a case-by-case basis, affordable housing sites to be acquired by government partners provided the sites do not include environmentally sensitive habitat or possible wetlands. Favorable factors in the analysis and consideration of affordable housing sites will include the record of the partner in the project; quality of the project; ability of the project to serve individuals, couples and families; leverage from additional non-MCLA funds brought to the project; and the MCLA funds price per unit. 6. Big Pine Key and No Name Key— It has been the Land Authority's practice over the years to make the purchase of land on Big Pine Key and No Name Key a priority given the large number of undeveloped parcels and the endangered species issues on these islands. The Land Authority has given particular attention to acquiring land to meet the mitigation requirements of the Habitat Conservation Plan. The Growth Management Division will be giving the Board an update on the status of the Habitat Conservation Plan as a separate agenda item. 3 MONROE COUNTY LAND AUTHORITY 2013 ACQUISITION LIST Property Acquisition Objectives Intended Development Ultimate Owner/ Manager PROPERTY IN FLORIDA KEYS AREA OF CRITICAL STATE CONCERN Property Rendered Property Rights Protection None MCLA, State, or Federal Unbuildable by County Regulations Environmental Protection Government Property Eligible for ROGO Property Rights Protection None MCLA, State, or Federal Administrative Relief Environmental Protection Government Property Designated Tier 1, Property Rights Protection None MCLA, State, or Federal Tier 2, or Tier 3-A Environmental Protection Government Big Pine HCP Mitigation Property Designated Tier 3 Environmental Protection None MCLA, State, or Federal Bordering Public and Restoration Government Conservation Land The MCLA Advisory Committee will consider adding to the Acquisition List, on a case-by-case basis, affordable housing sites to be acquired by government partners provided the sites do not include environmentally sensitive habitat or possible wetlands. Favorable factors in the analysis and consideration of affordable housing sites will include the record of the partner in the project; quality of the project; ability of the project to serve individuals, couples and families; leverage from additional non- MCLA funds brought to the project; and the MCLA funds price per unit. PROPERTY IN KEY WEST AREA OF CRITICAL STATE CONCERN 1911-1913 Patterson Avenue Affordable Housing Duplex rentals KWHA with lease to AH of Monroe County, Inc. (AIDS Help) The MCLA Advisory Committee will consider adding to the Acquisition List, on a case-by-case basis, affordable housing sites to be acquired by government partners provided the sites do not include environmentally sensitive habitat or possible wetlands. Favorable factors in the analysis and consideration of affordable housing sites will include the record of the partner in the project; quality of the project; ability of the project to serve individuals, couples and families; leverage from additional non- MCLA funds brought to the project; and the MCLA funds price per unit. 28-20.140 Comprehensive Plan. (1) The Monroe County Comprehensive Plan Policy Document, as the same exists on January 1, 2011, is hereby amended to read as follows: (2)Policy 101.2.13 Monroe County Work Program Conditions and Objectives. (a) Monroe County shall establish and maintain a Permit Allocation System for new residential development. The Permit Allocation System shall supersede Policy 101.2.1. (b) The number of permits issued annually for residential development under the Rate of Growth Ordinance shall not exceed a total annual unit cap of 197, plus any available unused ROGO allocations from a previous ROGO year. Each year's ROGO allocation of 197 units shall be split with a minimum of 71 units allocated for affordable housing in perpetuity and market rate allocations not to exceed 126 residential units per year. Unused ROGO allocations may be retained and made available only for affordable housing and Administrative Relief from ROGO year to ROGO year.Unused allocations for market rate shall be available for Administrative Relief. Any unused affordable allocations will roll over to affordable housing. A ROGO year means the twelve- month period beginning on July 13. (c) This allocation represents the total number of allocations for development that may be issued during a ROGO year. No exemptions or increases in the number of allocations may be allowed, other than that which may be expressly provided for in the comprehensive plan or for which there is an existing agreement as of September 27, 2005, for affordable housing between the Department and the local government in the critical areas. (d)Through the Permit Allocation Systems, Monroe County shall direct new growth and redevelopment to areas served or that would be served by a central sewer system by December 2015 that has committed or planned funding. Committed or planned funding is funding that is financially feasible and reflected in a Capital Improvements Element approved by the Department of Community Affairs. Prior to the ranking and approval of awards for an allocation authorizing development of new principal structures, Monroe County, shall coordinate with the central wastewater facility provider and shall increase an applicant's score by four points for parcels served by a collection line within a central wastewater facility service area where a central wastewater treatment facility has been constructed that meets the treatment standards of Section 403.086(10),F.S.,and where treatment capacity is available. The points shall only be awarded if a construction permit has been issued for the collection system and the parcel lies within the service area of the wastewater treatment facility. (3)Reporting and Oversight. (a) Beginning November 30, 2011, Monroe County and the Department of Community Affairs shall annually report to the Administration Commission documenting the degree to which the work program objectives for the work program year have been achieved. The Commission shall consider the findings and recommendations provided in those reports and shall determine whether progress has been achieved.If the Commission determines that progress has not been made,the unit cap for residential development shall be reduced by 20 percent for the following ROGO year. (b)If the Commission determines that progress has been made for the work program year,then the Commission may restore the unit cap for residential development for the following year up to a maximum of 197 allocations per ROGO year. (c) Notwithstanding any other date set forth in this plan, the dates set forth in the work program shall control where conflicts exist. (d) Wastewater treatment and disposal in Monroe County is governed by the requirements of Sections 381.0065(4) and 403.086(10),F.S.Nothing in this rule shall be construed to limit the authority of the Department of Environmental Protection or the Department of Health to enforce Sections 381.0065(4)and 403.086(10),F.S. (4)Policy 216.1.19.Hurricane Modeling. For the purposes of hurricane evacuation clearance time modeling purposes, clearance time shall begin when the Monroe County Emergency Management Coordinator issues the evacuation order for permanent residents for a hurricane that is classified as a Category 3-5 wind event or Category C-E surge event. The termination point shall be U.S. Highway One and the Florida Turnpike in Homestead/Florida City. (5)WORK PROGRAM. (a)Carrying Capacity Study Implementation. 1. By July 1,2012,Monroe County shall adopt the conservation planning mapping(the Tier Zoning Overlay Maps and System) into the Comprehensive Plan based upon the recommendations of the Tier Designation Review Committee with the adjusted Tier boundaries.