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Item G12 G12 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Board of County Commissioners Meeting December 13, 2023 Agenda Item Number: G12 2023-1771 BULK ITEM: No DEPARTMENT: Land Authority Governing Board TIME APPROXIMATE: STAFF CONTACT: Christine Hurley 9:25 AM AGENDA ITEM WORDING: Approval to amend the Acquisition List to 1) add Block 3, Lots 4 and 5, Summerland Estates Re-Subdivision No. 2 on Summerland Key as a conservation site with a ROGO exemption that will be transferred offsite for affordable housing; 2) add Block 22, Lots 15, 16, 17,Big Pine Cove on Big Pine Key;and 3) expand the existing acquisition category for Property Impacted by Local Government Regulations to include property prioritized by a local government for acquisition for density reduction, environmental protection, and conservation purposes. ITEM BACKGROUND: This agenda item proposes three amendments to the Land Authority's Acquisition List. The first amendment is to clarify the purposes for which Block 3, Lots 4 and 5, Summerland Estates Re- Subdivision No. 2 on Summerland Key is being acquired. In this transaction the Land Authority is acquiring the land for conservation, while the property's ROGO exemption is being acquired for affordable housing and will be transferred offsite. The second amendment adds Block 22, Lots 15, 16, 17,Big Pine Cove on Big Pine Key for affordable housing (including the land and ROGO exemption). The third amendment expands the existing acquisition category for Property Impacted by Local Government Regulations. This category will now include property that has been "prioritized by a local government for acquisition for density reduction, environmental protection, and conservation purposes" to accommodate purchases within municipalities. ADVISORY COMMITTEE ACTION: On November 15, 2023 the Committee voted 510 to recommend approval as attached with a modification to define the type of land prioritized by a local government for acquisition. PREVIOUS RELEVANT BOCC ACTION: 2249 The Board adopted the 2023 Acquisition List on December 7, 2022 and amended the 2023 Acquisition List on June 21, 2023 and October 18, 2023 INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: LIS T-2023-7-RevisedBy23-11-15 AC 23-12-13 GB - amended.pdf FINANCIAL IMPACT: N/A 2250 MONROE COUNTY LAND AUTHORITY(MCLA) 2023 ACQUISITION LIST Approved by MCLA Advisory Committee 11/15/23 and Adopted by MCLA Governing Board 12/13/23 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 Impacted by Local Property Rights Protection None MCLA, Local, State, Government Regulations or Environmental Protection or Federal prioritized by a local Government government for acquisition for density reduction, environmental protection, and conservation purposes Page 1 of 3 2251 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 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 or None Lot 16— MCLA Owner affordable Affordable Housing ROGO Exemption — transfer ROGO Exemption — offsite as affordable Affordable Housing Block 8, Lots 1, 2, 15, 16, Lot 1 -Conservation None Lot 1— MCLA Owner 17 and Adjacent filled bay Lot 2 -Conservation None Lot 2— MCLA Owner bottom, Palm Villa Lot 15 -Conservation None Lot 15— MCLA Owner Lot 16 -Conservation None Lot 16— MCLA Owner Lot 17 -Conservation None Lot 17— MCLA Owner ROGO Exemption — Affordable Housing ROGO Exemption — Transfer Affordable Housing offsite as affordable Block 3, Lots 4 and 5, Lot 4 - Conservation None Lot 4—MCLA Owner Summerland Estates Re- Lot 5 - Conservation None Lot 5—MCLA Owner Subdivision No. 2 (PB 4-2) ROGO Exemption — Affordable Housing ROGO Exemption — transfer Affordable Housing offsite as affordable Block 22, Lots 15, 16, 17, Lot 15—Affordable Housing Affordable Housing Lot 15—TBD Big Pine Cove, Big Pine Lot 16—Affordable Housing Affordable Housing Lot 16—TBD Key Lot 17—Affordable Housing Affordable Housing Lot 17—TBD ROGO Exemption — ROGO Exemption—to be used Affordable Housing onsite Page 2 of 3 2252 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 unit. 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 3 of 3 2253 Page 4 of 3 2254