Item E6 W
FTHE �RII)A KE MO NROE COUNTY
YS AREA.OF CRITICAL STATE CONCERN
l WORK PLAN MEMORANDUM CHALLENGES FACING THE FLORIDA KEYS
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In the Florida keys, an Area of Critical State Concern (AC'4'Q, a Rate of Growth. Ordinance (ROGO) was
inmplemented in order to protect the significant natural resources of Monroe Cou my (MC) and to provide for the
safety of its residents in the event of evacuation, as required by the State of Florida., ROGO established a
competitive permit allocation system whereby only those applications with the highest scores are awarded building
pernnits. The State of Florida allows issuance of 197 'building permits per year for new residential development
(Rule 2 -20„140,F.A.C.),within unincoarporated.MC.
Table I dennonst.rates the challenges unincorporated MC faces as there are 8,168 privately owned vacant parcels.
ithjust 197 permits per year, it will tape over 41 years worth of annual allocations to absorb these parcels.Before
the Cabinet in Marcia,, 2013,was a recon nnendation to allocate 10 years worth of growth (197 x 10- 1,970 permits)
to MC while maintaining the evacuation clearance time of 24 hours, through the year 2023. This recommendation.
results in a balance of 6,198 privately held vacant parcels still at risk of not being able to obtain permits in the
future.This could be a State/County takings liability.
Table : Arnal. sis of Vacant Parcels in Unincorporated Monroe Count ,Florida
NUMBER OF VACANT" YEARS TO ALLOCATE
TIER PARCELS PE'RMTT 1
No TierTORC A etc) ___ _ 235
....... ..............................
Tie I 3979�
PierII......._..._.. -..................................... . 393
..........__ -v._____ _.. __.................
Tier III-A 260
__.._ ..._... _.... _____ _ _ . ._.._....e..__ �n
Tier III 3301
TOTAL _ _._._ _ _ _ 1 41.5
TOTAL A.LL OOCATIONS 1,970
�...._ _ .._... ....._....
POTENTIAL LIABILITY 6,198
In recognition of the fact that the inventory of vacant parcels exceeds the pernndts MC can award, the BOCC has
adopted strategies to help transition land into public ownership to reduce the potential takings liability, and address
the future build out of the Florida Keys by incentivizing development that eliminates privately owned vacant
1parcels.These strategies include::
ADOPTED COUNTY STRATEGIES
• Incentivize Dedication of Land ._ the BOCC adopted an amendment to encourage e additional land dedication by
III
providing,additional points in ROGO/ OCnOa
• Discouragement Policy-- the BOCC adopted an amendment to discourage private applications for FLUM amendments
enrts
at increase density and intensity, as required by Rule 2 -20.1 0, F.A.C.,unless mitigated by providing 1 (acreage
or Improved Subdivision[IS]parcels)to MC.
• Created Commercial FLUM category(no residential component)-the BOCC adopted an amerndruent to provide options
to re-designate property for other nonresidential uses(.Provides alternative uses of property).
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While these adopted strategies, if utilized, help off set the costs for direct acquisition of land, it is cl •r from the '
costs outlined in Table 2 (below)that these efforts will not serve to completely close the gap between the number of
vacant parcels that may seek a permit and the number of permits the County,may issue,based on ROGO,
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Current Land Acguisition Strategy
At present, the only committed funding for purchasing land is provided tln:roui. h a %a cent"1�7onutist lnipa.ct tax, with
�y l p .� p p
annual revenue for the Flou�da :Ka,, s A.CSC, of a��.rro��irnatcly 1.2 ra����illi0�nua This tag also generates approximately
1.6 million annually for the Key rest A.CSC"'µ Additional revenues are provided thrown a State
" y y p` Park surcharge
that generates approximately' 400,0100 annually.For the total revenue(on average$1.6 nnillionn)in the Florida.Keys
AC SC,, the Land Authority has histofically allocated 60% (approximately $900,000) to the „acquisition. of
co
nservation land, with the remainder going towaxds purchase of parcels for afl'ordable housing, or occasionally for
active recreation areas. This funding source alone is not sufficient to meet the land acquuisition needs of MC in the
future. As demonstrated in. Table 2, at current fimiding levels and with the State discontinuing its aggressive land
acquisition in the Florida Keys, adding allocations of 3550 dwelling units through the year 2023, it would take
approximately 272 years to purchase the remaining inventory of private, vacant parcels in the Florida Keys
(unincorporated and incorporated),
Table : Inventory of Vacant Parcels in Fliorida.:Keys and Approximate Land Value
ANNUAL YEASTO
NO.;VACANT AVERAGE APPROXIMATE HUOGET FOR ACQUIRE �
AREA PARCELS PARCEL VALUE LAND VALUE LAND VACANT
C UISITION PARCEL
Key West ACSC* 104 $355,045,71 $ 36,924,754 $ 270,000 00 137
thiincotTram°atcAlMC 8,168 $30,4W89 $ 248,314,487 $ 900,000.00 276
..... ........ ........... _ _.... .... .
] aiaztho n� ��.1,680............ �$49,dt45,3 7 $ 83,740,226- 900,00t�wo . 93
--
Layton 34 $s1,080.12 $ 1,736,724 $ 900,000.00 2
........_... .^ _....... _ _ ........... _......... .,_.,.._.
KeyCarlonyI1 Beach 109 $129,746..30 $ 14,142,347 $ 900,000m00 16
........ _.. _ _. ._......._m........_ ._..._ _ _ .....
lSlainoraclaa. 1,269 $60,877,60 $ 77,253„650 $ 900,000,010 86
TOTAL ALLOCATIONS 3, 5
Porail i r /iii ry // ri c<, ... r i„
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„' alai aai aaaaaii//%
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y F 1,;allocated a��,�a�ox°ta�a�eale4`1,18%($27 ,0001yr) of the Key West A �aC p rtion of
�`��tPdaanraa�":arrar�at• Baal atliaarrt�nA has h�a:��taar•ae�°eriC
tou?ist impact tax revenue to the purchase a aj'caansesrvartican and recreation lands. The remainder of Aa"y West ACSC tourist impact
tax revenue has been aaflocat7c n for°than urchase of aaJIbroa ale housing sita s.
totalThe vacant parrels( ) l available,ble,ra irultr in 7,814 paaFmels�to purchase. ,fit am average ge cost as .
0,664it will take MCC I;arndA rthrrrity 272 years to acquire thesa~,laaaar,els utilr"aingm$1.17M(9iDib„iitJti-w2Irtfi„000)M This could be ar
,Wail,&,""a:aunhA takings iaariailitya.
The County recognizes the need for ADDITIONAL LA S'll°l�AT t IES aimed at reducing the
total inventory of privately owned vacant land. To that end,MC staff is currently evaluating the potential for future r
policy and prog7am strategies that could apply within the unincorporated and incorporated of the Florida Keys,
including-
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""Moo iuuiunuuuiumuiu i muuiumuuuuuiwuuuimmiuuimuuui muuuuuuMPM
ADDITIONAL LAND ACaL!S.FHON STRATEGIES_PR0P.QSE D BY STAFF'
1. Requesting the State of Florida Division of State Lands to continue to aggressively acquire vacant, privately owned
land as a State partner in the ACSC program.,
1 Reduce the current allocation rate of 197 units per year with a MC Comprehensive Plan arnendment; thereby
extending the timelrame of the recently awarded allocations(3550 County wide including cities, with 1970 its for
unincorporated MC),thereby providing additional time to implement other strategies,such as land acquisition.
3. Allow the transfer of dwelling units from site to site within MC,between jurisdictions(MC and cities)and/or between
ROGO sub-areas,
4. Incentivize Lot Aggregation.- Encourage additional aggregation by providing additional points in ROGO/NROGO.
5. Re-designate and/or rezone land to commercial categories that do not allow residential.
6. Revise NROGO to make the process simpler and encourage nonresidential redevelopment.and development.
7. Continue Land Acquisition programs to purchase additional undeveloped parcels and re-evaluate land acquisition
priorities to balance growth management,habitat protection,retirement of development rights,reduction of density&
intensity,future build-out of the Florida Keys,climate change,sea level rise,affordable housing,etc.
8. Increase the Tourist Impact tax(currently .5%is dedicated to land acquisition within the areas where it is derived
and used by MC Land Authority to purchase land for conservation or atTordable housing)
9. Dedicate 10%of current infrastructure sales tax(7.5%)—Currently the County could designate 10%of this tax for
11 other purposes",which could dedicate that percentage to land acquisition
10. Increase sales tax(currently at 7.5%)and dedicate 100%of the revenue generated by the increase to land acquisition.
11. Establish a taxing authority (dedicated revenue stream and corresponding bond issue) by referendum for an ad-
valorem tax to be dedicated to land acquisition.
Further Details on Increasing Tourist Impact Tax Strategli (#8 above)
Currently, an added 1%tourist tax yields approxiniately$5.6 million. This amount is split between general county.
expenditures ($2.8M)to support tourist services and the County land authority (SMM). Of the $2,8M that goes to
the land authority, $1.2M (42.86%) is for MC outside Key West (along with $400,000 from state park. surcliarges)
=$1.6(57.14%)for MC outside Key West,with$1.6 million in Key West,
Of the approximate total revenue($1.6M)in the Florida Keys A(.,SC:
• The Land Authority has historically allocated 60% (approximately $900,000) to the acquisition of
conservation land, with the remainder going towards purchase of parcels for affordable hiousirig, or
occasionally for active recreation areas in areas outside Key West,
Cif the approximate total revenue($1.6M)in Key West ACSC-
• The Land Authority historically allocated 1.7% (appn)ximately$270,000)to the acquisition of conservation
land,with the rentainder going toward affordable housing.
If the County passed by referendum, after receiving authorization by the State le&rislature, to add .5%to the tourist
tax and dedicated the full amount to land acquisition that would yield an additional $2.8 million which would be:
• The Florida Keys ACSC($602,000 [43%] additional); and
• Key West ACSC ($798,000 [57%] additional)[NOTE: State legislation would need to allow the additional
.5%to be spent within entire MC,not within area which tax is derived,
• TOTAL additional funds available,in addition to the$1.17M: $2.8M
If this was accomplished,the Land Authority would be able to acquire the rernaining 7,814 parcels within 80 years.
ANNVAL YEARS TO
AREA NO.VACANT AVERAGE APPROXIMATE AVOGETMA ACQUIRE
PARCELS PARCEL VALUE LAND VALVE LAND VACANT
AC, UISITION PARCELS
The total vacant parcel'S (11,364) less the 3.550 allocations available rayults in 7,814,p arcels to purcham At an average
cost of'$40,664 it will take MC Land A uthofi�y 80 years, to acquire these parcels utilizing $1.1 7M(900,000+2 70'000) 11 an
additional$2.,Mfrom .5%additional tourist tax if'j7aysed by referenehan, ajier State Legislature would give authorization to
hold rqfer endun?for as total off..
$3.9 7M annually,
3 11' fi g c,
Further Details on. Ded of Current Infrastructure Sales Tax Strategy (#9
above)
One cent of sales tax produces the f6floxving revenue for the various entities:
0 $16,500,000-unincorporatedl Monroe County
0 $ 1,700,000-1slainormla
$ 200,000 Key Colony Beach
• $ 6,800,000— .any West
$ 50,000.....1,ayton
• $ 2,300,000-Marathon
• $27,550,000- ;entire county
The Board of County Corrunissioncrs can make a policy decision to allocate 10% of the amount of sales tax
received. for unincorporated Monroe ("'ounty with no refiarendunr or state action needed, for land acquisition,, This
would dedicate an additional $1.65M annually toward this program.., If this was accomplislic—d, the Land Authority
would be able to acquire the remaining 7,814 parcels within 113 years,
II ANNUAL YEARS TO
NO,VACANT AVERAGE APPROXIMATE 8UDGET FOR ACQUIRE
AREA PARCELS PARCEL VALUE LAND VALUE LAND VACANT
AC�TJJISITI%GN PARCELS
111 11Y1114' ;WIN.
The total vacant parcels (11,364) less the 3550 allocations available r(�mlts in 7,814 paivels to purc:hase, At an average
cost of$40,664 it will take MC Land Authority 113 years to as these parcels uldizing.- $1.1 7M(900,000�2 70,000) an
additional$1.65M.ftom 10%ofsales tax ifauthorizedby Board of Count (76ininissionfor a total of$2.821f.
Further Details on Increasing Sales Tax Strategy (#10 above)
One cent of sales tax produces the hollowing revenue for the various entities-
a $16,500,000-unincotporatecl Monroe County
a $ 1,700,000- Islamorada
a is 200,000-Key Colony Beach
a $ 6,800,000 r Key West.
0 $ 50,000 Layton
0 $ 2,300,000-Marathon
a $27,550,000-Entire county
If the County passed by referendum, after receiving authorization by the State legislature, to add an additional I
cent sales tax, an additional $27,550,000 could be available County wide toward this progrartn. If this was
accoinp)i shed,the Land Authority would be able to acquire the rentaini ng 7,814 parcels within 11 years.
ANNUAL, YEARS TO
AREA NO VACANT AVERAGE APPROXIMATE BOGET FOR ACQUIRE
PARCELS PARCEL,VALUE LAND VALUE LAND VACANT
A PARCELS
AC
the total vacant parcels (11,364) less the 3550 allocations avedlable results in 7,814 pamely to purchase At an average
cost q1'$40,664 it will take MC Land Authority 11 yearstoacqui,)�°ethevepai-cel,.vA,itilizioig $],,17M(90,)10010A270,000) an
additional $27.5M from additional leant sales tax if authori7ed by Board of Coun(y Commission and State of Florida andry
passed by voters fir a total of$28,670,000,
4p 11'
Fe
rtherDetails on the 'Taxing Authority Strateg3_r__(#I I above)
Establishing a taxing authority by adopting an ad valorem tax desigtiated specifically 1-br the purchase and
inariagerneni' of conservation lands would generate additional revenue for land acquisition. This option has had
wide application in Florida, with 20 r, Counties and 20+ municipalities adopting an enviromnetital lands prograrn,
based on this rnodel. Each community has adopted.proW! aj-ns tailored to their spevific needs and voter preferences.
As can be seen in Table 3 below, some have established specific revenue caps,while others have established a thne
frame with no revenue cap., In addition, some of the Counties elected to bond the cap amount (Osceola,, I..,ee and
Volusia)and use the tax to pay for the bonds.
Table 3: Sit mar of Ad Valorem Tax Initiatives
YEAR MILLAGE
COUNTY ADOPTED RATE TOTALREVENVE TERM
.. ....................................... r......... ............................................
LAKE 2004 0 33 $36 MILL19N(ca................. ) 5 YRS(bond issue)
LEE 1996 0.5 $400 MILLION ANN LJAL RENFWAL
........................................................ ...................................................................
MIAMI-DADE 1990 035 $90 Milli ION 2YRS
............................................................................... F
025 0 MILLION 20 YRS(bond issue)
OSCEOLA 2(t4
.................... ................... ...........
VOLUSIA 2000 016— $40 MI LLIQN(calm 20 YRS(bond issue)
..................................................................................................................................................................................................I.................... ................................_'.......... __y I........ ................................................................................
Process for Establishing Dependent'raxin Authority
Although the enabling legislation and implementation may vary, nrn general,the process followed by the majority of
jurisdictions researched has been:
1) Formation of a grass-roots citizens group to highlight and support the issues, initiated by residents or by the
County(via contracting with an organization such as The Trust for Public Lands,etc.)
2) BOCC passes enabling legislation
3) Voter approval relerendum for ad valoren-i tax
4) BOCC adopts conservation land sclection standards
5) BOCC approves fiindinge
a) Bond issue to borrow fimds for purcItase,or;
b) Establish a Conservation Land fund to purcliase as revenue is collected
Approximate Annual Revenue from Dependent"faxing Authority
According to data from the Monroe("ounty Property Appraiser(MCPA),the total taxable value for real property in
the Florida Keys (unincorporated and incorporatett) in 2012 was approximately $18,691,323,445.00. Using this
value,the table below depicts approximate annual revenues associated with a range of millage rates and the tirne in
years to acquire all privately owned vacant parcels,after ROGO allocation through the year 2023.
Table 4: Summary of potential Revenue Generalion&Acquisition Turieftame
TOTAL TAXAMILE VALUE(MCPA-2012) - Alt'stu'AlAeveaues
0.75 MIL 10.510 MIL 0.25 MIL
$ 18,691,323,445 $ 14,018,492 $ 9,345,661 $ 4,672,830
POTENTIAL LIABILITY AFTER-ALLOCATIONS YEARS TO ACQUIRE PARCELS
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51 Fla g
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In summary, at 2012 property values and current ffiDding it would take the MC Hand Authority 272 years
to acquire the unallocated privately owned vacant parcels in Monroe Count 17able with the 3550
1n y ' ln° y ( ��
ROGO allocations recently awarded by the State of Florida.
The remaining vacant privately, owned Land, at an average 2012 value of 317,752,981 needs to be
a=acquired to preserve the County�'s quality of life and eliminate the risk of takings, which would ultimately
be paid by the taxpayers of Monroe County.,
There
the remaining vacant, privatelyt at eed to e considered by policy makers to begin the process of
There e several important options
p , owned. land.
Staff has outlined 4 possible directions (fromabove) that would create additional revenues to pursue this
important land acquisition. Each one has pros and cons and requires extensive administrative
achieve rnernt:s, including,changing state law and voter referendums„
The following table highlights the various times it would take to purchase land, based on toda.y's dollars, i
given revenue estimates that could be achieved,
Strategy Annual Revenue toward Land Years it will take in today's
Acquisition dollars to acquire privately
owned vacant land
_...__._�________...........__...m _ _....._._._......._.__ _.................................... ___�.__....... _._..._.._ .._
Status Quo (.5% tourist tax and ,170,000 272
revenue from park entrances)
�...__.__.......... . ......_..._...............__..._....__ __ ._................ ______-m_..... ....m..__......_...._ ._..................._.. _— .......
Increase the Tourist Impact tax m 3,970,000 80
_._........:.:........... _..._.. __........... ............................................................................._..__. __._...
Dedicate 0% of current 2,820,000 13
infrastructure sales tax
®._ .._ _......_... _ _._.._ .................----.m_. ..._......_ ............__.
Increase
Etabl sh altaxin authority 28,670,000_ 11
_... .
_—... _ � ...... _.........._m- ...... .........
0.75 MIL $ 14,01.8,492 23
.... ...___ _..__ _ _ .... _ .......
0.50 MIL _.. ..... 9,345,661 __ 24
.....
0. . ....................._.........._.._._........ w __. _
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