HomeMy WebLinkAboutDocumentation_Workshop_Tab 05_5/1/2023Agenda Item #5.
Workshop
STAFF
MEMO
Meeting: Workshop - May 01 2023
Staff Contact: Jeremy Allen, Village Manager Department: Manager
Discussion On Purchase Of Parkland And Open Space
At the April 13, 2023 the Village Council adopted a Parkland Purchase Policy. As part of the policy, if
the Village is contacted by a willing seller the Village will perform an analysis based on the criteria
adopted in the Parkland Purchase Policy.
Ms. Danica Morris Papalia the owner of 590 N. Dover has contacted the Village several times, the most
recent being April 3, 2023 about the Village purchasing her property that sits adjacent to Constitution
Park.
Added for discussion are several other open spaces in the Village that are vacant that have been
pointed out to Village Staff. The Village has not been contacted by the owners and it is unknown if any
of them are available for purchase.
This document and any attachments may be reproduced upon request in an alternative format by
completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768-
0443.
PROJECT NAME: NA
Proposed:
NA
PROJECTED TOTAL: NA
BUDGET: NA ENCUMBERED: NA
Projected Remaining:
NA
Seek consensus to move forward with consideration of any, all, or none of the properties listed.
Memo 590 Dover Parkland Purchase Criteria
rrnmhinarl
unincorporated Lot Locations
Final Parkland Purchase Polii
Page 80 of 109
Agenda Item #5.
Village of Tequesta
345 Tequesta Drive
Tequesta, FL 33469
Village of Tequesta Parkland Purchase Evaluation — 590 N. Dover Rd.
561-768-0700
www.tequesta.org
1.1 Owner Considerations
Ms. Danica Morris Papalia the owner of 590 N. Dover has contacted the Village several times,
the most recent being April 20, 2023 about the Village purchasing her property that sits
adjacent to Constitution Park.
Ownership and Property Characteristics
Criteria
Definition
Value
Property
Parcel No. 60424025060160300
Owner: Victor and Danica Papali
Acres: 0.2366
Zoning: Single Family
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Page 81 of 109
Agenda Item #5.
1.2 System Context
Acquisition Criteria
Approved Plans for New Parks
This parcel is not included in plans for a new
Village park, trail, or any known regional
open space plans.
Expansion of Existing Village Park
The park would allow the Village to expand
Boundaries
the boundaries of Constitution Park. There
are no known plans or consideration for
utilizing this parcel to expand Constitution
Park.
Trail Route
Does not add to trails or sidewalks
Historic Value
The specific property does not hold any
known historic value
Regional Demand/Appeal
The park would expand Tequesta Park.
Constitution Park does have a regional
appeal. The property could add to the
character of the neighborhood.
Accessibility
The property would be accessed directly
from Dover.
Resource Conservation
The property is currently developed. There is
no known habitat. The landscaping could be
connected to the current park landscaping.
Could help provide some additional storm
water detention for the neighborhood.
Lease or Acquisition Partner
No known willing partner for the acquisition
of this property
Lease/Easement Partner
No known lease or easement acquisition
opportunity.
Operations Partner
The Village of Tequesta solely manages
Constitution park. There are no
considerations for an operations partner of
the Village owned park.
1.3 Sustainability
Sustainability
Criteria
Development Costs
Without any specific used designated for this
area of the park plans they development
costs would be tied to the demolition of the
property, fencing, landscaping. Development
cost would be estimated based off a previous
planning and demo project in the Village.
Estimated cost would be range from $50-
Page 82 of 109
Agenda Item #5.
$75,000 with several variable factors to
factor in with landscaping.
Operations Costs
The annual maintenance associated with
adding this parcel to the park would be
minimal. The Department would be able to
maintain the property at the same level -of -
service we currently maintain with
Constitution park.
Revenue Potential
No additional revenue from acquisition of the
site.
1.4 Property Characteristics
Property Characteristics
Interpretive Potential The property could be converted to
seamlessly match the existing landscape.
Page 83 of 109
Agenda Item #5.
Empty Lots Locations
1. 216 N US Highway 1
2. 40 Coconut Lane
3. Paradise Park— 1 Main Street
4. 312 Tequesta Drive
5. 4546 County Line Rd.
6. N. Cypress Dr. — Owned by
Cypress HOA — Near 555 N.
Cypress Dr.
8. Off Riverside Drive (2 Near Railroad)
9. Off Harbor Road So.
10. 3342 Harbor Road So.
11. 19600 Harbor Road
12. 3496 Harbor Road N.
1 13. 3503 Harbor Road N
14. Off of Pine Tree Drive
15. Riverside Drive adjacent to 19626
Riverside
16. Riverside N. of 19715 Riverside (3
Parcels Owned by PBC
Page 84 of 109
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Unincorporated PBC
Empty Lots Locations
1. 216 N US Highway 1
2. 40 Coconut Lane
3. Paradise Park-1 Main Street
4. 312 Tequesta Drive
_ 5. 4546 County Line Rd.
6. N. Cypress Dr. — Owned by
Cypress HOA — Near 555 N.
Cypress Dr.
8. Off Riverside Drive (2 Near Rail
9. Off Harbor Road So.
10. 3342 Harbor Road So.
11. 19600 Harbor Road
12. 3496 Harbor Road N.
13. 3503 Harbor Road N
14. Off of Pine Tree Drive
15. Riverside Drive adjacent to 19626
Riverside
16. Riverside N. of 19715 Riverside (3
Parcels Owned by PBC
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Agenda
Land Acquisition Framework and Criteria
All considerations for land acquisition are made within the context of the Village's Parkland and
Purchase Priority Policy, Parks Master Plan and the Village's Comprehensive Plan.
The emphasis of these policies is working with a willing seller in acquiring lands.
The development of a sustainable recreation and open space system that adequately provides
for the current and projected recreational needs of the Village and enhances its built and natural
environment by providing active and passive recreation opportunities.
ACQUISITION FRAMEWORK
Figure 4-1 presents a generalized decision model for considering the acquisition of candidate
properties. It involves five steps. At any given step an individual property may be excluded from
consideration.
➢ Step 1 - Acquisition Opportunity: The process begins with virtually anyone proposing a
parcel for acquisition, including an individual property owner. The general location,
assessor and land use information about the property, and the owner status as a willing
seller is documented. These considerations are further described in Section 1.1.
➢ Step 2 - System Context: The potential acquisition is characterized relative to the
acquisition goals of the Village and partnership opportunities. These are further described
in Section 1.2.
➢ Step 3 - Sustainability: A sustainability analysis is conducted to determine if the existing
Village Parks system can sustain the proposed acquisition. This analysis is further
described in Section 1.3.
➢ Step 4 - Property Characteristics: Detailed information about the parcel is characterized
to determine if there are specific resources, access conditions, use opportunities,
liabilities, or other use constraints that would affect considerations about acquiring the
property. This characterization is further described in Section 1.4. As more detailed
information is obtained about a property, circumstances may come to light that warrant
further deliberation as to the viability of that acquisition vis-a-vis the System Context and
➢ Step 5 - Acquisition Priority: The potential acquisition is evaluated and considered
relative to other potential acquisitions active at the time using specific priority criteria.
This analysis is further described in Sustainability considerations.
Encompassing all steps is the consideration of balancing the land acquisition costs with the
future value of the land in meeting the recreation needs of the Village. The Park Funds set aside
for acquisition can be considerable, yet they are limited.
1.1 Owner Considerations
If a property owner contacts the Village this indicates that there is a willing seller. An asking
price is requested. If the Village contacts the owner, and there is not interest on the part of the
owner to sell either property or an easement, the inquiry is terminated.
Page 1
Page 102 of 109
Agenda
1.2 System Context
To allow the Village to determine in a timely fashion if the particular property would benefit the
Village's overall Park System and consistent with the Village's General Plan, an early
determination is made about partnership opportunities and countywide significance.
Following the guidance presented in the Strategic Plan and Comprehensive Plan, land
acquisitions that collect over time provide a continuum of outdoor recreation opportunities for
the Village's various demographics are important. Expanding and balancing today's spectrum of
recreation opportunities is benefited by partnerships that avoids the duplication of services and
helps maintain low cost.
1.3 Sustainability
When acquiring lands it is fair and reasonable to consider the general costs for staff, materials,
equipment and security that will have to be provided in the Department's annual operations
budget to operate and maintain the property at a selected standard, both in the undeveloped
and developed states. Lacking an operational partnership of some sort, if the effect of operating
the individual parcel may be burdensome relative to the ability of the Department to maintain
existing level -of -service standards for the whole park system, the acquisition must be
questioned.
1.4 Specific Property Characteristics
An analysis of the unique park purposes possible for a potential acquisition is made by
assessing the cultural, ecological and recreation attributes of each parcel.
Ownership
and Property Characteristics
Criteria
Definition
Value
• Asking value and identification of circumstances (all cash,
life estate, reinvestment advantage, charitable remainder
trust, deferred gift annuity, deferred capital gains tax, partial
gift through bargain sale, partial sale, conservation
easement, public access easement, assure future sale)
• For comparative purposes, the value of recent transactions
of a similar type where such information is readily available
Property Description
Assessor Parcel Number
• Location (relation to existing parks)
• Ownership information
• Acreage
• Type of Park (Community, Neighborhood Park)
• Zoning designation
• General description of property's natural features
Page 2
Page 103 of 109
•" VILLAGE OF TEQUESTA PARKLAND PURCHASE PRIORITY POLICY
Acquisition Criteria
Approved Plans for New
. The property is included in a planning document, site or
Parks
capital improvement plan, General Plans, or other
agency regional open space plans.
Expansion of Existing
. The property would expand an existing park such as a
Village Park Boundaries
contiguous property, or extend a logical boundary of an
existing park.
Trail Route
. The property involves connectivity to a walking/riding
path, park, or school.
Historic Value
• Property associated with architecture, events, or persons
that have made a significant contribution to the broad
archaeologic or historic patterns of North America,
Florida, Region, or Village of Tequesta
Regional Demand / Appeal
. The property would either expand an existing Village park
or would create a new park that lends itself to activities
and/or facilities that would:
o appeal to a broad cross-section of the population
and would draw users from within and outside the
Village.
o accommodate long-term outdoor recreation needs
(i.e., more than 20 years) as identified through
population projections, use surveys, and other
recreation needs analyses.
o represent a `one -of -a -kind', or nearly so,
opportunity not available from other recreation
suppliers.
o Strategically purchase parkland in an area or
neighborhood to enhance or change the character
of the area through converting developed property
into parkland or preserving an open space.
Accessibility
Property would be accessed directly from the main
transportation routes within the Village or trails and
walking paths already established.
o Access routes to the property would not be
significantly limited in their capacity.
Resource Conservation
The property has a direct relationship to attaining the
resource conservation priorities of the State, County, or
Village. Including the protection of scenic resources and
areas with rich biological habitat that provide opportunities
for appropriate resource -based recreation experiences of
regional significance. Site characteristics to be considered
include:
- Listed species protection
- Landscape connectivity
- Natural communities representation
- Watershed protection
Page 104 of 109
Agend
I
Partnership Criteria
Lease or Acquisition Partner
. Opportunity to leverage acquisition costs by partnering
with other park or open space providers, cities, or local
public agencies for properties that have a direct impact to
the Village.
Lease / Easement Partner
. Opportunity to greatly reduce acquisition costs through
lease and/or easement acquisition.
Operations Partner
• Opportunity to fund property acquisition that would
expand park systems and/or recreational facilities where
other agencies will take on operations responsibilities in
perpetuity.
Sustainability Criteria
Development Costs
• Generalized costs (assumed) for planning, design, and
building improvements to open the park or trail for public
use to its optimum intended use.
• Effect on deferring needed infrastructure / life -cycle
capital expenditures in other parks and or new CIP
projects indicated in adopted Village Master Plan.
Operation Costs
• Generalized costs (assumed) for staff, materials,
equipment, and security that will have to be provided in
the annual operations budget to open and maintain the
property at a selected standard, both in the undeveloped
and developed states.
Impact of operating the individual parcel will have on the
ability of the Department to maintain acceptable level -of -
service standard for the whole parks stem.
Revenue Potential
. An initial estimate of revenue generation potential from
the hypothetical optimum development and operation of
the proposed property compares positively to the overall
costs to acquire, develop, operate, and maintain.
Property Characteristics
Interpretive Potential
. Properties with natural or cultural resources that lend
themselves to interpretation.
• Properties that embody a "representative landscape"
exemplifying the natural diversity within the Village.
Page 4
Page 105 of 109
Agenda
Acquisition Procedures
LEGAL REQUIREMENTS
Village parkland acquisition operates under a legal framework, drawing from multiple
federal, state, and local sources. Generally, the Village Council is vested with the
authority to acquire land or any interest in land whether within or outside of the Village's
territorial borders. This authority is found in the Village Charter Sec. 5.01 (11).
STEPS
A parcel evaluation is triggered by either the determination by the Department that the
property is needed or by the owner's contact to see if the Department is interested in
buying the property. If the evaluation results in the decision to purchase, the acquisition
procedure is begun. The specific actions taken to acquire follow the legal requirements
specified above and generally accepted professional standards for public real estate
practices. The time periods shown are approximate and may be affected by the
circumstances in an individual transaction.
The Village representative contacts the owner to determine willingness to consider sale
Step #1 to the Village. (Owners also contact the Department and start the evaluation process.)
1 to 3 The steps to be followed and the probable schedule are explained. Information about
weeks the owner's expectations is gathered.
Step #2 The Village Council is asked to approve proceeding with an appraisal(s) of the property.
1 to 3
weeks
Step #3 The property is appraised by an independent contract appraiser(s). If necessary, an
6-10 engineering study is ordered to analyze slope density and evaluate other development
weeks potential to determine the highest and best use under current conditions.
Step #4 The Village Council is asked to approve the offer of compensation based on the
1 to 3 appraisal.
weeks
Step #5 The Village representative is provided with the appraisal and presents the offer to the
owner.
1 week
Negotiations continue until agreement is reached. A definite response from the owner
Step #6 can shorten this period. Impasse can result from the owner's unwillingness to sell at this
4 to 8 time, dissatisfaction with the price offered, and/or disagreement with the basis of
weeks appraised value (typically the development potential under Village planning ordinances
and regulations). During negotiations, the willingness of the Village to structure an
agreement that meets the needs of the owner is emphasized. (Owner Options).
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Agenda
Step #7 The purchase agreement is forwarded to the Village Council for approval. When
8 weeks approved, escrow proceeds until clear title is vested. Taxes are prorated and canceled
as of the date of close of escrow.
Florida statutes provide a procedure when a municipality is purchasing land, which
keeps the negotiations and contract price exempt from public records disclosure
pending an option contract or pending 30 days prior to Village Council action:
166.045 Proposed purchase of real property by municipality; confidentiality of records;
procedure.—
(1)(a) In any case in which a municipality, pursuant to the provisions of this section, seeks
to acquire by purchase any real property for a municipal purpose, every appraisal, offer, or
counteroffer must be in writing. Such appraisals, offers, and counteroffers are not available
for public disclosure or inspection and are exempt from the provisions of S. 119.07(1) until an
option contract is executed or, if no option contract is executed, until 30 days before a
contract or agreement for purchase is considered for approval by the governing body of the
municipality. If a contract or agreement for purchase is not submitted to the governing body
for approval, the exemption from s. 119.07(1) will expire 30 days after the termination of
negotiations. The municipality shall maintain complete and accurate records of every such
appraisal, offer, and counteroffer. For the purposes of this section, the term "option
contract" means a proposed agreement by the municipality to purchase a piece of property,
subject to the approval of the local governing body at a public meeting after 30 days' public
notice. The municipality will not be under any obligation to exercise the option unless the
option contract is approved by the governing body at the public hearing specified in this
section.
(b) If the exemptions provided in this section are utilized, the governing body shall obtain
at least one appraisal by an appraiser approved pursuant to s. 253.025 for each purchase in an
amount of not more than $500,000. For each purchase in an amount in excess of $500,000, the
governing body shall obtain at least two appraisals by appraisers approved pursuant to
s. 253.025. If the agreed purchase price exceeds the average appraised price of the two
appraisals, the governing body is required to approve the purchase by an extraordinary vote.
The governing body may, by ordinary vote, exempt a purchase in an amount of $100,000 or
less from the requirement for an appraisal.
(c) Notwithstanding the provisions of this section, any municipality that does not choose
with respect to any specific purchase to utilize the exemption from s. 119.07(1) provided in
this section may follow any procedure not in conflict with the provisions of chapter 119 for
the purchase of real property which is authorized in its charter or established by ordinance.
(2) Nothing in this section shall be interpreted as providing an exemption from, or an
exception to. s. 286.011.
Page 107 of 109
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Seller Options
The Village of Tequesta offers land owners the opportunity to
contribute to the community while realizing the financial benefits of
their holdings.
Sellers have many options when selling or donating land to Village
of Tequesta for park purposes. Listed below are options available
for sellers to consider. The suitable choice will depend on individual
preferences and needs. Sellers will want to consult their tax advisor,
accountant or estate planner for advice on which option fits their
individual situation.
The Village can work with potential sellers and/or donors to find a
mechanism for property transfer that will serve the public interest
while accommodating the needs of the property owner.
The following options are not intended to be all-inclusive. These are
some options that may be available for potential sellers or donors of
property.
All Cash The Village can pay the full purchase price in cash. Few buyers can
finance a completely cash sale with no limiting conditions.
Life Estates In certain cases, the Village is willing to purchase property subject to
a seller's reservation of a life estate. A life estate provides the seller
the right to keep certain rights and interests in the property for the life
of the seller or another person. For example, it may allow an elderly
family member to remain in the family home. The seller still realizes
financial benefits from the property. An owner may also keep a life
estate in a property and make a gift of land to the Village that
qualifies for a charitable deduction.
Tax Deductible
Gifts to the Village are eligible for tax deductions in the same way as
Gifts
gifts to other charitable organizations.
Charitable
A charitable remainder trust is a trust generally exempt from income
Remainder Trusts
tax.
Deferred Gift
This arrangement allows the seller to take a charitable deduction now
Annuity
and defer income until a future date.
Deferred Capital
The Village can structure a purchase with a long-term payment plan
Gains Tax
that is based on the wishes of the seller.
Partial Gifts
The seller can take the tax advantage of selling the land to the
through Bargain
Village below market value and claiming the rest as a gift. The
Sales
seller's own appraisal establishes the market value to validate the
claim.
Partial Sales
The Village can purchase a portion of a parcel, leaving a portion of
the property, such as a rural home site, without the responsibilities of
larger, for
the _portion. The cellar can also provide sale of the
Page 1
Page 108 of 109
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remainder to the Village at a future date.
Conservation A conservation easement is a mechanism that is used to encumber a
Easements property by defining allowable uses.
Charitable gifts of such rights may also qualify for charitable
deductions.
Public Access Areas needed for public access can be defined in carefully planned
Easement easements. The Village will work with the owner to assure privacy,
fencing and patrol of the easement area.
Assured Future Sale of land to Village can be assured through an agreement for a
Sale right of first refusal or granting an option for future purchase.
This agreement may specify the terms of a future sale or call for the
Village to match a legitimate offer by a third party.
Page 2
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