Item M2M
C ounty of f Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor George Neugent, District 2
The Florida. Ke Se
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Mayor Pro Tern David Rice, District 4
Danny L. Kolhage, District I
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
November 14, 2017
Agenda Item Number: M.2
Agenda Item Summary #3503
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 to renew the reservation ten (10)
affordable housing allocations (moderate income category) for a proposed employee housing project
at the corner of Emerald Drive, Sapphire Drive and US 1, Big Coppitt Key (approximate mile
marker 10.5), having real estate number 00156320.000000, until February 1, 2018.
ITEM BACKGROUND:
Habitat for Humanity of Key West and Lower Florida Keys (Habitat) is requesting an extension to
the County's previous reservation, in Habitat's favor, of ten (10) affordable housing allocations
pursuant to Monroe County Code Section 138- 24(b)(2).
Habitat is proposing to develop the site in Big Coppitt (located at the corner of Emerald Drive,
Sapphire Drive and US 1 at approximate mile marker 10.5) with ten (10) affordable housing units.
Minor Conditional Use Permit Development Order No. 02 -17 approved ten (10) attached residential
dwelling units designated as employee housing on March 21, 2017.
The development order states that all required building permits and certificates of occupancy shall be
procured with three (3) years of the date on which the minor conditional use approval is recorded
and filed in the official records of Monroe County, otherwise the minor conditional use approval
shall become null and void with no further action required by the County.
On May 17, 2017, the BOCC approved Resolution 132 -2017 reserving 10 affordable housing
allocations in favor of Habitat, for the project, until August 1, 2017. Due to unforeseen
circumstances, Habitat was not able meet its August 1, 2017, deadline by which it was required to
pick up building permits for the project. Habitat has represented that it is prepared to apply for
building permits.
Also before the BOCC today is a proposed Fourth Amendment to the County's lease of the property
with Habitat, retroactively extending the lease, and requiring that Habitat commence construction by
February 1, 2018, and receive certificates of occupancy by February 1, 2019.
PREVIOUS RELEVANT BOCC ACTION:
May 20, 2009 - BOCC approved 99 -year Occupancy and Ground Lease Agreement between Monroe County
and Habitat for Humanity of Key West and Lower Keys, Inc.
July 15, 2009 - BOCC approved Resolution 213 -2009 reserving 12 affordable housing allocations for the
Habitat project until December 31, 2009.
February 17, 2010 — BOCC approved the First Amendment to Lease to qualify the subject property as tax -
exempt under Florida Statute § 196.199(2)(b) (tax- exempt, government -owned property leased to a non-
governmental entity) and Florida Statue § 196.199(7) (tax- exempt property leased for 100 years or more).
March 18, 2015 — BOCC approved the Second Amendment to Lease between Monroe County and Habitat for
Humanity of Key West and Lower Keys, Inc., to retroactively extend a lease.
March 15, 2017 — BOCC approved the Third Amendment to retroactively extend a lease and subject to
conditions that the construction commence by August 1, 2017 and receive certificates of occupancy by
December 31, 2018.
May 17, 2017 - BOCC approved Resolution 132 -2017 reserving 10 affordable housing allocations for the
Habitat project until August 1, 2017.
CONTRACT /AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Resolution - Habitat Reservation Big Coppitt
2017 -132 BOCC ROGO Reservation Reso Loweys Landing
Habitat request for reservation and lease
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: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
Mayte Santamaria Completed
Assistant County Administrator Christine Hurley
10/26/2017 2:33 PM
Peter Morris
Completed
Jaclyn Carnago
Completed
Budget and Finance
Skipped
Maria Slavik
Skipped
Kathy Peters
Completed
Board of County Commissioners
Pending
10/25/2017 1:17 PM
Completed
10/26/2017 4:49 PM
10/26/2017 4:50 PM
10/23/2017 4:58 PM
10/23/2017 4:58 PM
10/26/2017 5:53 PM
11/14/2017 9:00 AM
RESOLUTION NO. -2017
A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS APPROVING THE RESERVATION OF TEN (10)
AFFORDABLE MODERATE INCOME CATEGORY ROGO ALLOCATIONS
FOR A PROPOSED EMPLOYEE DWELLING UNIT DEVELOPMENT ON
BIG COPPITT FOR HABITAT FOR HUMANITY OF KEY WEST AND
LOWER FLORIDA KEYS ON PROPERTY DESCRIBED AS PART TRACT B,
PORPOISE POINT SECTION 5, BIG COPPITT, REAL ESTATE NUMBER
00156320.000000 UNTIL FEBRUARY 1, 2018.
WHEREAS, the State of Florida and all local governments in the Florida Keys (each subject to Area
of Critical State Concern mandates relating to housing affordability) recognize the need for affordable housing
throughout the state and particularly in the Florida Keys where developable land for housing is extremely
limited and expensive; and
WHEREAS, the challenge of providing affordable housing opportunities in the Florida Keys is one
requiring sensible and responsive use of residential unit allocations, including implementation of long -term
preservation mechanisms; and
WHEREAS, due consideration should be given to relevant factors such as the capacity for allocation
recipients to promptly transform allocation awards /reservations into finished and occupied
affordable /workforce housing units; and
WHEREAS, the developers have legitimate needs for some assurance that allocations are in fact and
will remain available and /or justified for a reasonable time so that follow- through on initial commitments will
in fact be justified; and
WHEREAS, the BOCC, on May 16, 2007, approved Resolution 184 -2007 reserving sixty -nine (69)
affordable housing allocations for four County projects; and
WHEREAS, the BOCC, on March 18, 2009 approved Resolution 083 -2009 reserving ten (10) more
affordable housing allocations for County projects; and
WHEREAS, one of the projects for which twelve (12) allocations were reserved is located on RE:
#00156320.000000, Part tract B, Porpoise Point Section 5, Big Coppitt, for Habitat for Humanity of the Key
West and Lower Florida Keys (HHLK) to construct project previously known as Bayside Landing 1I; and
WHEREAS, HHLK entered into a 99 -year lease with Monroe County on May 20, 2009, for property
described as Part Tract B, Porpoise Point Section 5, Big Coppitt, Real Estate Number 00156320.00000 for the
project previously known as Bayside Landing 1I; and
WHEREAS, the BOCC, on July 15, 2009, approved Resolution 213 -2009 reserving 12 affordable
housing allocations for the HHLK project until December 31, 2009; and
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Packet Pg. 1205
WHEREAS, the BOCC, on February 17, 2010, approved the First Amendment to Lease to qualify the
subject property as tax - exempt under Florida Statute § 196.199(2)(b) (tax - exempt, government -owned
property leased to a non - governmental entity) and Florida Statue § 196.199(7) (tax - exempt property leased for
100 years or more); and
WHEREAS, the BOCC, on March 18, 2015, approved that certain Second Amendment to Lease
between Monroe County and HHLK., to retroactively extend the subject lease; and
WHEREAS, the developer applied for minor conditional use permit on August 12, 2016 for ten (10)
attached residential dwelling units, designated as employee housing; and
WHEREAS, the BOCC, on March 15, 2017, approved that certain Third Amendment to again
retroactively extend, a second time, the subject lease, subject to the conditions that construction commence by
August 1, 2017, and receive certificates of occupancy by December 31, 2018; and
WHEREAS, minor conditional use permit by Development Order 02 -17, approved request March 21,
2017, for the development of ten (10) attached residential dwelling units, designated as employee housing; and
WHEREAS, the BOCC, on May 17, 2017, approved Resolution 132 -2017 reserving 10 affordable
housing allocations for the HHLK project until August 1 2017; and
WHEREAS, the reservation of affordable housing allocations for the anticipated project, currently
known as Loewy Landing, does not exempt the project from applicable requirements for the Monroe County
Land Development Regulations, Building Code and other regulatory requirements; and
WHEREAS, HHLK shall obtain all required approvals from the Monroe County Planning &
Environmental Resources Department for the project, including but not limited to the deadlines set forth in the
subject lease, as amended; and
WHEREAS, HHLK according to its lease shall obtain permits for all affordable housing dwelling
units by August 1, 2017; if the permits are not issued, the allocations will revert to the County; and
WHEREAS, should the subject lease be amended to set forth different deadline dates by which such
permits must issue, by which such certificate of occupancy must issue, and /or by which HHLK must commence
construction, such amended deadline dates, if not complied with and met, shall result in the allocations
reverting to the County; and
WHEREAS, the project mentioned above is still in process and the allocations are still required.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1: The foregoing recitals are true and correct and are hereby incorporated as if fully set
forth herein.
Section 2 : The Monroe County Planning Department shall reservation for ten (10) affordable
ROGO allocations, consisting of ten (10) moderate income category allocations, for the HHLK project on Big
Coppitt until February 1, 2018.
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Packet Pg. 1206
Section 3: The developer must obtain the building permits for the ten (10) affordable /employee
housing on or before February 1, 201 S.
Section 4: The developer shall comply with all Monroe County requirements, all applicable
Building Code requirements, and the requirements of any other oversight agencies.
Section 5: The Planning and Building Department Staff is hereby authorized to process
expeditiously permit related applications for the above referenced project when received.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a
regular meeting held on the 14th day of November, 2017.
Mayor George Neugent
Mayor Pro Tem
David Rice
Commissioner
Heather Carruthers
Commissioner
Danny Kolhage
Commissioner
Sylvia Murphy
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA
Im
Mayor George Neugent
(SEAL)
ATTEST: KEVIN MADOK, CLERK
DEPUTY CLERK
MO APPR E VIED D AS T FORM
PETER MORRIS
ASSISTANT COUNTY ATTORNEY
Date:
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Packet Pg. 1207
RESOLUTION NO. 132 -2017
A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS APPROVING THE RESERVATION OF TEN (10)
AFFORDABLE MODERATE INCOME CATEGORY ROGO
ALLOCATIONS FOR A PROPOSED EMPLOYEE DWELLING UNIT
DEVELOPMENT ON BIG COPPITT FOR HABITAT FOR HUMANITY OF
KEY WEST AND LOWER FLORDIA KEYS ON PROPERTY DESCRIBED
AS PART TRACT B, PORPOISE POINT SECTION 5, BIG COPPITT,
REAL ESTATE NUMBER 00156320.000000 UNTIL AUGUST 1, 2017.
WHEREAS, the State of Florida and all local governments in the Florida Keys (each subject to Area
of Critical State Concern mandates relating to housing affordability) recognize the need for affordable
housing throughout the state and particularly in the Florida Keys where developable land for housing is
extremely limited and expensive; and
WHEREAS, the challenge of providing affordable housing opportunities in the Florida Keys is one
requiring sensible and responsive use of residential unit allocations, including implementation of long -term
preservation mechanisms; and
WHEREAS, due consideration should be given to relevant factors such as the capacity for allocation
recipients to promptly transform allocation awards /reservations into finished and occupied
affordable /workforce housing units; and
WHEREAS, the developers have legitimate needs for some assurance that allocations are in fact and
will remain available and/or justified for a reasonable time so that follow- through on initial commitments
will in fact be justified; and
WHEREAS, the BOCC, on May 16, 2007, approved Resolution 184 -2007 reserving sixty -nine (69)
affordable housing allocations for four County projects; and
WHEREAS, the BOCC, on March 18, 2009 approved Resolution 083 -2009 reserving ten (10) more
affordable housing allocations for County projects; and
WHEREAS, one of the projects for which twelve (12) allocations were reserved is located on RE:
#00156320.000000, Part tract B, Porpoise Point Section 5, Big Coppitt, for Habitat for Humanity of the Key
West and Lower Florida Keys (HHLK) to construct project previously known as Bayside Landing II; and
WHEREAS, HHLK entered into a 99 -year lease with Monroe County on May 20, 2009, for
property described as Part Tract B, Porpoise Point Section 5, Big Coppitt, Real Estate Number
00156320.00000 for the project previously known as Bayside Landing II; and
WHEREAS, the BOCC, on July 15, 2009, approved Resolution 213 -2009 reserving 12 affordable
housing allocations for the HHLK project until December 31, 2009; and
WHEREAS, the BOCC, on February 17, 2010, approved the First Amendment to Lease to qualify
the subject property as tax - exempt under Florida Statute § 196.199(2)(b) (tax- exempt, government -owned
property leased to a non - governmental entity) and Florida Statue § 196.199(7) (tax- exempt property leased
for 100 years or more); and
WHEREAS, the BOCC, on March 18, 2015, approved the Second Amendment to Lease between
Monroe County and HHLK., to retroactively extend a lease; and
WHEREAS, the developer applied for minor conditional use permit on August 12, 2016 for ten (10)
attached residential dwelling units, designated as employee housing; and
WHEREAS, the BOCC, on March 15, 2017, approved the Third Amendment to retroactively extend
a lease and subject to conditions that the construction commence by August 1, 2017 and receive certificates
of occupancy by December 31, 2018; and
WHEREAS, minor conditional use permit by Development Order 02 -17 approved request March
21, 2017 for the development of ten (10) attached residential dwelling units, designated as employee
housing; and
WHEREAS, the reservation of affordable housing allocations for the anticipated project, currently
known as Loewy Landing, does not exempt the project from applicable requirements for the Monroe County
Land Development Regulations, Building Code and other regulatory requirements; and
WHEREAS, HHLK shall obtain all required approvals from the Monroe County Planning &
Environmental Resources Department for the project; and
WHEREAS, HHLK according to its lease shall obtain permits for all affordable housing dwelling
units by August 1, 2017; if the permits are not issued, the allocations will revert to the County; and
WHEREAS, the project mentioned above is still in process and the allocations are still required.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section l: The Monroe County Planning Department shall reservation for ten (10) affordable
ROGO allocations, consisting of ten (10) moderate income category allocations, for the HHLK project on
Big Coppitt until August 1, 2017.
Section 2: The developer must obtain the building permits for the ten (10) affordable /employee
housing on or before August 1, 2017.
Section 3: The developer shall comply with all Monroe County requirements, all applicable
Building Code requirements, and any other oversight agencies.
Section 4: The Planning and Building Department Staff is hereby authorized to process
expeditiously permit related applications for the above referenced project when received.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a
regular meeting held on the 17th day of May, 2017.
Mayor George Neugent Yes
Mayor Pro Tern David Rice Y
Commissioner Heather Carruthers yes
Commissioner Danny Kolhage Yes
Commissioner Sylvia Murphy Yes
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA
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A 4 'S f IN MADOK, CLERK
DEPUTY CLERK
BY 'e~ �).t�t�
Mayor George Neugent
MON OE COUNTY A ORNEY
A, P OVED AS FORM:
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MEMBER M41
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Ms. Mayte Santamarin —
Senior Director, Planning and Environmental Resources
Monroe County
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Please accept this letter as a formal request to place the following on the November
Board of County Comissioners meeting,
FEBRUART 1, 2018 AND RECEIVE CERUFTCATES OF OCCUPANCY BY
FEBRUATY IST, 2019.
A
Debbie Swift Batty (305
Than you in advance for your time and assistance. We look forward to completing this
very important Affordable Housing community in the coming year.
I I
Debbie Swift Batty, Board President
Habitat for Humanity of the LoNver Florida Keys
3053 dba' tours,coin
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