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Item G11 G11 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor Craig Cates,District 1 The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5 Michelle Lincoln,District 2 James K.Scholl,District 3 m' David Rice,District 4 Board of County Commissioners Meeting October 18, 2023 Agenda Item Number: G11 2023-1592 BULK ITEM: No DEPARTMENT: Land Authority Governing Board TIME APPROXIMATE: STAFF CONTACT: Christine Hurley 9:25 AM AGENDA ITEM WORDING: Approval to add Block 8, Lots 1, 2, 15, 16, 17, and adjacent filled bay bottom, Palm Villa on Big Pine Key to the Acquisition List as a conservation site with a ROGO exemption that will be transferred offsite for affordable housing. ITEM BACKGROUND: This agenda item is to add a ROGO-exempt property to the 2023 Acquisition List for the dual purposes of conservation and affordable housing. The property is Block 8, Lots 1, 2, 15, 16, 17, and adjacent filled bay bottom in Palm Villa subdivision on Big Pine Key. The Land Authority has a contract to purchase the property for $750,000. After purchase, the property will be restored as conservation land and the ROGO exemption will be transferred to an affordable housing site to be determined. ADVISORY COMMITTEE ACTION: On September 27, 2023 the Advisory Committee voted 4/0 to recommend approval of the addition to the Acquisition List. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: 2023 Revised Acquisition List FINANCIAL IMPACT: N/A 3205 MONROE COUNTY LAND AUTHORITY(MCLA) 2023 ACQUISITION LIST Approved by MCLA Advisory Committee 9/27/23 and Adopted by MCLA Governing Board 10/18/23 This Acquisition List has been developed to guide purchases using MCLA funding. 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. 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. PROPERTY IN FLORIDA KEYS AREA OF CRITICAL STATE CONCERN (OUTSIDE OF KEY WEST) The MCLA Advisory Committee will promote acquisition of conservation land as follows: Property Type Acquisition Objectives Intended Proposed Development Owner/Manager Property Designated Tier Property Rights Protection None MCLA, Local, State, 1, Tier 2, or Tier 3A with Environmental Protection or Federal priority being properties Government located within the Big Pine Habitat Conservation Plan Property Designated Tier 3 Property Rights None MCLA, Local, State, with significant habitat or Protection Retire or Federal connectivity Development Rights Government Environmental Property Designated Tier 3 Either affordable housing To be BOCC Preferred, MCLA without significant habitat or or Density Reduction determined connectivity Property Eligible for ROGO Property Rights Protection None MCLA, Local, State, Administrative Relief Environmental Protection or Federal Government Property Property Rights Protection None MCLA, Local, State, Impacted by Environmental Protection or Federal Local Government Government Property Within Florida Environmental None MCLA, Local, State, Forever Projects (with Protection or Federal priority for those with Property Rights Government potential for resale to the Protection State of Florida DEP). 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 Page 1 of 2 3206 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 for development by Comprehensive Plan Policy 601.1.11.The Monroe County Code defines environmentally 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 includewetlands and othersurface waters,tropical hardwood hammocks and pinelands."Native habitat includes Species Focus Areas identified by the US Fish and Wildlife Service but does not include Species Focus Area Buffers. Therefore, MCLA shall not purchase or fund affordable housing that impacts any habitat defined as environmentally sensitive or is located in any of the following areas: Species Focus Areas; areas designated Tier 1, 2, or 3A; V flood zones; offshore islands; or areas within a Coastal Barriers Resource System unit. Evidence of environmental sensitivity includes, but is not limited to, a determination to be made by the County Environmental Resources Office of whether the construction of affordable housing requires habitat to be removed and mitigated. 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 Type Acquisition Objectives Intended Development Proposed Owner/Manager Block 28, Lots 15 and 16, Lot 15 -Conservation None Lot 15— MCLA Owner Sands Subdivision Lot 16 -Conservation None Lot 16— MCLA Owner ROGO Exemption — Affordable Housing ROGO Exemption — transfer Affordable Housing offsite as affordable Block 8, Lots 1, 2, 15, 16, Lot 1 None Lot 1 — MCLA Owner 17 and Adjacent filled bay Lot 2 None Lot 2— MCLA Owner bottom Lot 15 None Lot 15— MCLA Owner Lot 16 None Lot 16— MCLA Owner Lot 17 None Lot 17— MCLA Owner ROGO Exemption — Affordable Housing ROGO Exemption—Affordable Affordable Housing Housing 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 additional non-MCLA funds brought to the project; and the MCLA funds price per un Property Type Acquisition Objectives Intended Development Proposed Owner/Manager Garden View Apartments Affordable Housing Affordable Housing City of Key West/Key West Housing Authority Page 2 of 2 3207