Resolution 341-2017RESOLUTION NO. 341 -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:
400156320.000000, 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 H; 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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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 ininor 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 12017; 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 amenddd 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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Section 3: The developer must obtain the building permits for the ten (10) affordable /employee
housing on or before February 1, 2018.
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 David Rice
Yes
Mayor Pro Tem Sylvia J. Murphy
Yes
Commissioner Danny L. Kolhage
Yes
Commissioner George Neugent
Yes
Commissioner Heather Carruthers
Yes
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA
BY
Mayor David Kice
ATTEST: KEVIN MADOK, CLERK
DEPUTY CLERK
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM
PETER MORRIS
ASSISTANT COUNTY ATTORNEY
Date:
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