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Item F5 F.5 Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS �� Mayor David Rice,District 4 The Florida Keys � Mayor Pro Tem Craig Cates,District 1 y � Michelle Coldiron,District 2 James K.Scholl,District 3 Ij Holly Merrill Raschein,District 5 County Commission Meeting August 17, 2022 Agenda Item Number: F.5 Agenda Item Summary #10837 BULK ITEM: No DEPARTMENT: Land Authority Governing Board TIME APPROXIMATE: STAFF CONTACT: Christine Hurley (305) 295-5180 9:25 A.M. Land Authority AGENDA ITEM WORDING: Approval to add Block 2, Lots 1, 2, 17, and 18, Sam-N-Joe Subdivision on Big Pine Key to the Acquisition List as either conservation or affordable housing sites. ITEM BACKGROUND: The following change is proposed to the 2022 Land Authority Acquisition List. The change is to add 4 lots to the Acquisition List as either affordable housing or conservation sites. The lots are on Big Pine Key. The Land Authority has a contract to purchase 13 lots from Conch Republic for $650,000, 4 of which are in Tier 3 and therefore, could be used for affordable housing according to Section 138-22. Excerpt from Section 138-22: Type of Development Not Affected (by ROGO) (b) Transfer off site. (4) Transfer of Lawfully Established Unit Types: b. Transfer of an affordable housing unit. A lawfully established permanent market rate or affordable dwelling unit may be transferred to affordable housing. The receiver site shall be developed with an affordable housing unitpursuant to Sections 101-1 and 139-1. Further, they are adjacent to the Seahorse Cottage Redevelopment Site. The legal descriptions of the 4 lots follows: 00300180-000100 Block 2 Lot 1 Sam-N-Joe Subdivision(PB 3-76) 190 Sands Road 00300180-000200 Block 2 Lot 2 Sam-N-Joe Subdivision(PB 3-76) 180 Sands Road 00300180-001700 Block 2 Lot 17 Sam-N-Joe Subdivision(PB 3-76) 170 Sands Road 00300180-001800 Block 2 Lot 18 Sam-N-Joe Subdivision(PB 3-76) 160 Sands Road While there are currently no affordable housing allocations for Big Pine Key, it is possible that market rate units could be transferred to these sites. Alternatively, the sites will be used as conservation. Section 138-22. Type of Development Not Affected(b) Transfer off-site. (4) Transfer of Lawfully Established Unit Types: b. Transfer of an affordable housing unit. A lawfully established Packet Pg. 1703 F.5 permanent market rate ... unit may be transferred to affordable housing. The receiver site shall be developed with an affordable housing unitpursuant to Sections 101-1 and 139-1. The receiver site shall be Tier 3, according to Section 138-22(b)(6). Receiver Site Criteria: d. Located within a Tier III designated area. These 4 lots are designated Tier 3. In order to purchase these properties as potential affordable housing, the subject lots must first be added to the Acquisition List. After purchase, the lots may be developed as affordable housing. These lots could potentially be developed by the County for employee housing, by the Housing Authority as affordable Rental Housing, or by a non-profit for affordable housing. ADVISORY COMMITTEE ACTION: On July 26, 2022 the Advisory Committee voted 3/0 to approve this addition to the Acquisition List. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: Acquisition List 2022 Amended 22-07-26 FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: N/A Total Cost to County: N/A Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: Packet Pg. 1704 F.5 Additional Details: REVIEWED BY: Christine Hurley Completed 07/28/2022 9:02 AM Dina Gambuzza Completed 07/28/2022 10:12 AM Mark Rosch Completed 07/28/2022 11:45 AM Lindsey Ballard Completed 07/29/2022 8:39 AM Board of County Commissioners Pending 08/17/2022 9:00 AM Packet Pg. 1705 F.5.a MONROE COUNTY LAND AUTHORITY 2021-2022ACQUISITION LIST Amended 7-26-22 0 This Acquisition List has been developed to guide purchases using MCLA funding. U) 0 Florida Statutes 380.0667. Advisory committee: acquisitions, Section (3)indicates:The land authority shall approve the list of acquisitions, in whole or in part, in the order of priority recommended by the advisory committee. 0 Ordinance 031-1986,Section 8,further indicates:The Advisory Committee shall establish,on or before January 15 of each year, an identification and prioritization of land acquisition for the Land Authority. The list also incorporates by reference the Florida Keys Stewardship Act that took effect on July 1, 2016, as amended,the land acquisition priorities in Policy 102.4.2 of the 2030 Comprehensive Plan,the Memorandum of Understanding between DEP and Monroe County revised on October 20,2021 and House Bill 1173 that took effect on April 6,2018. T PROPERTY IN FLORIDA KEYS AREA OF CRITICAL STATE CONCERN(OUTSIDE OF KEY WEST) Cr The MCLAAdvisory Committee will promote acquisition,by fee simple purchases or other means provided in HB 1173,to address affordable workforce housing damaged or destroyed by Hurricane Irma by adding to the Acquisition List, on a case-by-case basis, affordable housing sites that are preferably ROGO-exempt to be acquired by government partners provided the sites are not located in a V flood zone and do not include environmentally sensitive habitat or possible wetlands, and are not ° located in areas prohibited b Comprehensive Plan Policy 601.1.11. The Monroe County Code defines environmentally p Y p Y tY Y 0 sensitive lands as "areas of native habitat requiring special management attention to protect important fish and wildlife resources and other natural systems or processes. Environmentally sensitive lands typically include wetlands and other surface waters,tropical hardwood hammocks and pinelands." Native habitat includes Species Focus Areas identified by the US Fish M and Wildlife Service but does not include Species Focus Area Buffers. Therefore, MCLA shall not purchase or fund affordable 0 housing that impacts any habitat defined as environmentally sensitive or is located in any of the following areas: Species M Focus Areas; areas designated Tier 1, 2, or 3A; V flood zones; offshore islands; or areas within a Coastal Barriers Resource 0- System unit. Evidence of environmental sensitivity includes but is not limited to a determination to be made by the County CL CL Environmental Resources Office of whether the construction of affordable housing requires habitat to be removed and mitigated. N Favorable factors in the analysis and consideration of affordable housing sites will include the record of the partner in the project; I- quality of the project; ability of the project to serve individuals, couples and families; leverage from additional non-MCLA funds I brought to the project; and the MCLA funds price per unit. c14 Property Type Acquisition Objectives Intended Proposed E Development Owner/Manager CN Property Designated Tier 1,Tier 2, Property Rights Protection None MCLA,Local,State,or cN or Tier 3A with priority being Environmental Protection Federal Government properties located within the Big A Pine Habitat Conservation Plan 0 Property Rights Protection A Property Designated Tier 3 with None MCLA,Local,State,or significant habitat or connectivity Retire Development Rights Federal Government c� Environmental Protection Property Designated Tier 3 without Either affordable housing or To be BOCC Preferred,MCLA significant habitat or connectivity Density Reduction determined Property Eligible for ROGO Property Rights Protection None MCLA,Local,State,or Administrative Relief Environmental Protection Federal Government Page 1 of 3 Packet Pg. 1706 F.5.a Property Impacted by Local Property Rights Protection None MCLA,Local,State,or Government Regulations Environmental Protection Federal Government Property Within Florida Forever Projects Environmental None MCLA,Local,State,or (with priority for those with potential Protection Property Federal Government 0 for resale to the State of Florida DEP). Rights Protection 22936 Overseas Highway Affordable Housing Affordable Owner:BOCC 0 RE#00186920-000000 and Housing Developer: Habitat for 00186930 000000 Humanity via 99 year ground Lots 4&5,Block 1,Cudjoe lease from BOCC 0 Ocean Shores Public Recreational Corner of Cross Way and West Circle Public BOCC Drive Facilities and Affordable Recreational RE#00160160-000000 and Housing Facilities and 00160170-000000 Affordable 0 Lots 3 and 4,Block 3, Bay Housing U) Point Amended Plat 28269Julia Avenue Affordable Housing Affordable Owner: BOCC or Monroe Block 1, Lots 8 & 9, Amended Plat of Housing County Housing Authority The Ladies Acre Developer:TBD cs Block 2,Lot 1,Sam-N-Joe Subdivision Conservation or None or If Conservation:MCLA 190 Sands Road RE#00300180-000100 Affordable Housing Affordable 0 Housing Block 2,Lot 2,Sam-N-Joe Subdivision If Affordable Housing: 180 Sands Road RE#00300180-000200 Owner: BOCC or Monroe Block 2,Lot 17,Sam-N-Joe Subdivision County Housing Authority 0 170 Sands Road RE#00300180-001700 Developer:TBD Block 2,Lot 18,Sam-N-Joe Subdivision 0 160 Sands Road RE#00300180-001800 CL CL c14 c14 cN E CN cN cN U) 0 Cr E c5 Page 2 of 3 Packet Pg. 1707 F.5.a PROPERTY IN KEY WEST AREA OF CRITICAL STATE CONCERN In Key West, 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 0 additional non-MCLA funds brought to the project; and the MCLA funds price per unit. S U) 0 Property Type Acquisition Objectives Intended Development Proposed Owner/Manager Garden View Apartments Affordable Housing Affordable Housing City of Key West/Key West Housing Authority 0 A 0 U) 0 0 CL CL c14 c14 c14 E CN cN cN A A Cr E Page 3 of 3 Packet Pg. 1708