PLACEMENT: Public Hearings
TITLE:
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PROPOSED TRANSFER OF COUNTY OWNED PROPERTY FOR AFFORDABLE HOUSING PURPOSES AND ADOPTION OF A RESOLUTION REVISING THE JANUARY 2024 AFFORDABLE HOUSING LIST
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EXECUTIVE SUMMARY:
executive summary
This item is related to Board direction to hold a public presentation of County owned parcels that may be transferred or sold with restrictions for affordable housing and for the adoption of a resolution revising Affordable Housing Resolution No. 24-1.13 adopted on January 23, 2024.
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DEPARTMENT: Public Works
PREPARED BY: Name: Carla T. Segura, FRP
Title: Real Property Manager
REQUESTED BY: George Stokus, Assistant County Administrator
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
As part of the Live Local Act, local governments are required to identify publicly owned lands appropriate for affordable housing. In accordance with Section 125.379(1), Florida Statutes, the Board of County Commissioners (BOCC) adopted Resolution 24-1.13 considering County owned properties that may be appropriate for affordable housing. The Resolution was adopted with no available properties for affordable housing with direction from the BOCC for staff to develop a process for utilization and identification of all County owned properties for affordable housing and authorize staff to schedule a presentation for the public to receive a breakdown of County owned properties, with current use and designation.
On April 16, 2024, staff presented, in Commission Chambers a breakdown of all County owned properties and their designations. The list of 5,880 individually and jointly owned parcels was presented with a power point presentation. The individually owned parcels, less 73 parcels for used for public parks and beaches, totaled 1,097 with the following designations:
1. 185 Stormwater parcels
2. 56 Utility parcels
3. 599 Pal Mar parcels
4. 107 Right of Way/Water Access and leased parcels
5. 20 Hobe Heights FEMA Mitigation parcels
6. 130 Conservation and parcels within Poinciana Gardens
Nine (9) parcels had miscellaneous uses, restrictions, or conditions. Three (3) are part of the airport mitigation, two (2) are adjacent to park properties for possible future expansion, and one (1) has a utility well that needs to be abandoned. The remaining three (3) are utilities parcels on Dixie Ross that need further Departmental needs review.
Four (4) potential county owned properties remained that could be considered viable for Affordable Housing as transfer, donation or long-term ground lease to a non-profit housing organization or Community Land Trust, that recognizes the need for affordable housing, determined not needed for future County purposes and declared surplus for affordable housing:
1. 5703 SE 47th Avenue, Stuart/Port Salerno - This 0.218-acre parcel was approved for acquisition in 2010 as part of a SHIP Program agreement where the owners failed to fulfill their commitment. Resolution No. 10-11.13 was adopted, for the acquisition in the amount of $55,000, with an added $2,645 due in back taxes. The property is zoned Port Salerno Redevelopment District (Ord. 1142) with a land use of CRA Neighborhood (CPA 19-27, Ord. 1141). If the property is sold funds need to be returned to the SHIP program or property may be used by the Housing Program to meet program objectives.
Staff suggests this parcel go through the RFP process for Affordable Housing.
2. 2846 Fairmont Street, Golden Gate - These 10-county owned platted lots across from Lamar Howard Park between SE Fairmont Street and SE Garden Street in Golden Gate. Lots 1-5 have been used for a vacuum sewer pump house. The property had a Unity of Title (1489/1889) recorded on the property and if sold or transferred will require a lot split before the southerly lots 6-10 can be transferred for affordable housing. There is a large Utility Easement on the western side of the property. A 15’ Drainage Easement/Sidewalk Easement (DE/SWE) needs to run between lots 5 and 6 and will require a separate sketch and legal for this purpose. The lots are zoned PS-1 (Ord. 1147) and have a General Institution land use (CPA 19-28, Ord. 1146). Therefore, the zoning will also need to be changed prior to transferring the property. The Golden Gate Neighborhood Advisory Committee (NAC) has in the past expressed an interest in multifamily development on this property, but the existing NAC Board should be given an opportunity to confirm that is still their vision. The County paid $45,100 for acquisition in 1983.
Staff suggest the BOCC authorize the lot-split between lots 5 and 6, with creation of a DE/SWE along the northern 7 ½ feet of lot 6, presentation to the NAC for possible multi-family use, and authorization to initiate a zoning change on the property.
3. 4701 SE Geraldine Street and 5358 SE Railway Avenue, Port Salerno - 10-lots with two separate parcel control numbers. The Geraldine Street parcel is approximately 0.25 acres and Railway Avenue is 0.43 acres. Zones Port Salerno Redevelopment Zoning District (Ord. 1142) with a Community Redevelopment Agency (CRA) Neighborhood land use (CPA 19-27, Ord. 1141). The parcel on Railway Avenue will need to have a portion of the property deeded as right of way upon any transfer. In 2016, the BOCC put these lots on the surplus list and directed the CRA to offer by competitive bid transfer to build affordable single-family housing. The bid process was unsuccessful because there is no sewer hookup to these parcels, which diminishes the development potential of these lots. A septic to sewer project was programmed for 2024 but did not have community support and Utilities no longer has the grants necessary to complete the project this year. There is public water available for these parcels.
Staff suggests that this item not be added to the list for affordable housing until such a time that sewer is available.
4. Hawthorne Street - Golden Gate - The 10 platted lots are located between Hawthorne Street and Iris Street, in Golden Gate, and totals approximately 0.631 acres. These lots were set to be split because they are intersected by a drainage ditch (requiring a separate easement back to the County) between lots 5 and 6. They are zoned Golden Gate Redevelopment Zoning District (Ord. 1147) with a CRA Center land use (CPA 19-28, Ord. 1146). In 2016, the BOCC directed these lots for surplus and for the CRA to offer by competitive bid transfer to build affordable single-family housing. The Golden Gate NAC Board should be given an opportunity to confirm that is still their vision.
Staff suggests the BOCC authorize the lot-split between lots 5 and 6, with creation of a DE along the southern 7 ½ feet of lot 5 and the norther 7 ½ feet of lot 6, with presentation to the NAC for possible multi-family use, and authorization to initiate a zoning change on the property.
The “Live Local Act” (Act) is a comprehensive housing initiative to address Florida’s affordable housing needs through a combination of funding, tax credits, tax exemptions and land use controls to create incentives for affordable housing. A summary of the bill can be found on the Florida League of Cities website. The Act affirms County owned property may be: 1) sold with the proceeds going toward affordable housing or community land trust, or 2) transfer properties at no cost to entities for development of affordable housing with a reverter clause within the Deed of transfer, or 3) issue a long-term ground lease that requires the development and maintenance of affordable housing, with a determination that the properties are not needed for future County purposes and declared surplus.
The Amendment to the Act also adds best practices that Counties should: 1) Establish eligibility criteria for the receipt or purchase of surplus lands by developers; 2) Make the process for requesting surplus lands publicly available and 3) Ensure long-term affordability through ground leases by retaining right of first refusal (ROFR) to purchase property that would be sold or offered at market rate by requiring reversion of property not used for affordable housing within a certain timeframe. This gives a developer the ability to view the County’s surplus property that is deemed appropriate for affordable housing and enter into a long-term ground lease (rather than acquiring fee title to the property) for development of affordable housing.
Affordable housing is a critical challenge across the state, with many considering the issue to be at a crisis level. The definition of Affordable is less than 30% of a household’s monthly income on housing costs. Several barriers exist within the process that have delayed full implementation. Determining what is appropriate for affordable housing and adopting a resolution is a different task from determining how to dispose of properties that have been determined to be appropriate for affordable housing.
According to Section 166.0451, Florida Statutes, the County is required to maintain a list of county-owned properties that may be available for development of affordable housing. The current adopted list, adopted in January 2024, contains no appropriate properties. A Resolution revising this Inventory List of real property will include such list as determined by the BOCC.
We ask that the BOCC adopt a Resolution revising the Inventory List of real property appropriate for affordable housing in accordance with Section 125.379(1), Florida Statutes, and then to determine the appropriate means for donation or transfer.
ISSUES:
The Geraldine/Railway property should not be placed on the affordable housing list until such a time that sewer is available to the property.
LEGAL SUFFICIENCY REVIEW:
This item has been reviewed for legal sufficiency to determine whether it is consistent with applicable law, has identified and addressed legal risks, and has developed strategies for legal defensibility.
RECOMMENDED ACTION:
RECOMMENDATION
1. Move that the Board authorize staff to present parcels 2 & 4 to the Golden Gate Neighborhood Advisory Committee and Community Redevelopment Agency board for their direction and concurrence, and
2. Move that the Board authorize staff to craft an RFP on parcels 1, 2 & 4 to being the process to transfer or donate to a not-for-profit housing organization, Community Land Trust or developer with reverter clause; and
3. Move that the Board authorize staff to start a lot split, with Drainage Easements and/or Sidewalk Easements between lots 5 & 6 of parcels 1 & 4, and initiate the zoning change process; and
4. Move that the Board adopt a revised Resolution authorizing staff to place parcels 1, 2 & 4, as listed able, and designate properties for affordable housing to be recorded and placed on the County website; and
5. Move that the Board authorize the Chairman to execute any and all documents necessary to complete this transaction.
ALTERNATIVE RECOMMENDATIONS
1. Move that the Board adopt a revised Resolution authorizing staff to place parcels 1, 2 & 4, as listed above, and designate properties for affordable housing; and
2. Move that the Board authorize staff to sell the properties, with a reverter clause for affordable housing and use the proceeds to purchase other land for affordable housing or to increase the local governmental fund earmarked for affordable housing; or
3. Move that the Board authorize staff to prepare an RFP authorizing a long-term ground lease on the property for a developer or other entity to build perpetual affordable housing within the rights and regulations outlined in the Live Local Act; and
4. Move that the Board authorize staff to start a lot split, with Drainage Easements and/or Sidewalk Easements between lots 5 & 6 of parcels 1 & 4, and initiate the zoning change process; and
5. Move that the Board authorize the Chairman to execute any and all documents necessary to complete this transaction.
FISCAL IMPACT:
RECOMMENDATION
Minimal recoding fees and staff time.
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☒Resolution
☐Other:
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