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Item I6County of Monroe A BOARD OF COUNTY COMMISSIONERS Mayor George Neugent, District 2 The Florida. Key y w) Mayor Pro Tem David Rice, District 4 �r Danny L. Kolhage, District I Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting April 12, 2017 Agenda Item Number: I.6 Agenda Item Summary #2794 BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Mayte Santamaria (305) 289 -2500 n/a AGENDA ITEM WORDING: Approval of a resolution of the Board of County Commissioners of Monroe County, Florida, authorizing staff to develop and issue a release form for expired affordable housing deed restrictions, if the deed restrictions are no longer effective due to the conclusion of maximum time within the covenant. ITEM BACKGROUND: Staff within the Planning & Environmental Resources Department have been receiving requests from property owners regarding what is needed to release affordable housing deed restrictions with an effective period of 20 years. Numerous affordable housing deed restrictions were recorded in the 1990's with a 20 -year effective period. According to the County's inventory of affordable housing units, 47 units will have a deed restriction by the end of 2017 (see attached table) that is no longer effective. By the end of 2018 there will be 17 additional units and, in 2019, there will be another 8 units. Several property owners of units with deed restrictions that are no longer effective have requesting a specific release to the restriction. The( feed restrictions are silent on the expiration and release That the covenants shail be effective for Wonty (20) yearo but shall not caffnence running until a certificate of 00aaPancY haO been lamed by the building offici4l for the dwelling Unit tO Wbich the c ovonan t or • app Based on review of the existing language, legal staff has stated that the deed restrictions are no longer effective and that it is automatic release; however, some property owners are requesting a release form to avoid title insurance issues with their real estate transactions. Staff is requesting the authority to develop a release form and provide them for recording, if needed by property owners, after review and confirmation by staff that the restriction is no longer effective due to the conclusion of time within the covenant. As an alternative to developing a template release form, each request can be processed as a BOCC agenda item for BOCC review and consideration. Previous requests for deed restriction releases were presented to the BOCC for approval. Examples are provided below. 8/21/2013: GROW'[,'H,NIAN E M LNJ'— BUL A. PPROVALS Item 14 Christine "Urley, Growfli Management Director addressed the Board concerrinIQ the approval of the release of the Affordable I lousi ng r estriction estriction rccorded in the Monroe County Public Records Document fl1467181, Book !�'2040, Pagc!x706 on Septeiriber 15, 2,004 by Victoria Aleksandrowicz. "I'lie following individual addressed the Board. Nick Multey. rifler discussion, a motion was made by Commissioner k1urphy and seconded by Connnissioner rice to approve the item. Nlotion carried unanimously. 10/18/2006: DIVISION OF GROWTH MANAGEMENT Ty Symroski, Growth Management Director addressed the Board After discussion motion was made by Commissioner Spehar and seconded by Commissioner DiGennaro ganti ng approval and authori ting executi on of a Release of the A ffordable Housing Deed Restriction between Monroe County and Elaine New for property described as Lot 46, Block 7, Ind Mound Estates, Sugarloaf Key, real estate number 00170220,00 0. Motion carried unanimously- 2/17/2000: Board granted approval for the removal of an Affordable Housing Deed Restriction recorded in the Monroe County Public Records on June 9, 1998. The applicants, Patricia A. Ward & Curtis Srnart, permit number 99-03-0705, described as Lot 15, Block 3, Cross Key Waterway Estates Section 1, Key Largo, recorded the Deed Restriction prior to receiving an allocation award, The applicants would have received one dwelling unit allocation for the year ending July 13, 2000. PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Approval DOCUMENTATION: Resolution authorizing staff to develop and issue a release form County AFF Housing Developments deed restriction end date FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Grant: County Match: Insurance Required: Additional Details: If yes, amount: REVIEWED BY: Mayte Santamaria Completed Assistant County Administrator Christine Hurley 03/27/2017 3:55 PM Steve Williams Completed Jaclyn Carnago Completed Budget and Finance Skipped Maria Slavik Skipped Kathy Peters Completed Board of County Commissioners Pending 03/26/2017 2:30 PM Completed 03/27/2017 4:03 PM 03/27/2017 4:21 PM 03/26/2017 2:21 PM 03/26/2017 2:21 PM 03/27/2017 5:02 PM 04/12/2017 9:00 AM ! ! r • ! ! -! ! . ! ! ! ! ! ! IRMO RESOLUTION NO. -2017 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING STAFF TO DEEVLOP AND ISSUE A RELEASE FORM FOR AFFORDABLE HOUSING DEED RESTRICTIONS, IF NEEDED BY PROPERTY OWNERS, IF THE DEED RESTRICTIONS ARE NO LONGER EFFECTIVE DUE TO THE CONCLUSION OF TIME WITHIN THE COVENANT. WHEREAS, the State of Florida and Monroe County recognize the need for affordable housing throughout the state and particularly in the Florida Keys; and WHEREAS, the Monroe County Board of County Commissioners recognizes that the challenge of preserving affordable housing in the Florida Keys and have required restrictive covenants to protect affordable housing for a specified timeframe; and WHEREAS, the timeframe of the restrictive covenants for affordable housing have changed overtime from 20 -years to 30 -years to 50 -years to 99- years; and WHEREAS, the 20 -year restrictive covenants for affordable housing are ending and property owners are requesting a release; and WHEREAS, the Planning & Environmental Resources Department is able to review and confirm the conclusion of the deed restriction; and WHEREAS, the Monroe County wishes to provide the citizens of Monroe County with the best possible service in the most cost effective and reasonable manner by providing a release form after the conclusion of the deed restriction; and WHEREAS, the Monroe County Board of County Commissioners finds that it would be a reasonable use of staff time and resources in addressing these requests with a template release form to be recorded in the public records; and NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: Section 1 . The foregoing recitals are true and correct and are hereby incorporated as if fully stated herein. Section 2 . Monroe County Senior Director of Planning & Environmental Resources Department, in coordination with the County Attorney's office, is authorized to develop and issue a release form, if needed by property ! ! r • ! ! -! ! ! ! ! ! ! ! IRMO owners, for affordable housing deed restrictions that are no longer effective due to the conclusion of time within the covenant. Section 3. This Resolution shall become effective immediately upon its adoption by the Monroe County Board of County Commissioners. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on the 12' day of April, 2017. Mayor George Neugent Mayor Pro Tem David Rice Commissioner Danny L. Kolhage Commissioner Sylvia J. Murphy Commissioner Heather Carruthers BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY (SEAL) Mayor George Neugent ATTEST: KEVIN MADDOK, CLERK By Deputy Clerk MO OE COUNTY A RNEY AST RM: ST EN T. V11LL AMS ASSISTANC LINTY TTORNEY Date _ I - 2. m m 5 v b 3 MEN