Item O13
HOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 28, 2009 (HGC)
DivisionIDept:
County Attorney
Bulk Item: Yes
No
Staff Contact PersonlPhone #: Suzanne Hutton. x3470
AGENDA ITEM WORDING:
Direction as to the number ofEDU's or units to be exempted from system development charges of Key
Largo Wastewater District (KLWTD) for Burton Drive Affordable Housing Project.
ITEM BACKGROUND:
The BOCC approved staff seeking exemptions from system development (special assessment) charges
of Key Largo Wastewater Treatment District for properties not expected to be developed~ and for the
Administrator or Attorney to execute documentation necessary. KL WID has approved an exemption
of 36 units at the Burton Drive property based on the plan of the Lessee Blue Water Workforce
Housing, LLC to build 36 units. However, in the event that the project does not proceed with the
Lessee, a check into the potential units which could be built shows that up to 39 units could be placed
on the property. Since the documentation the County has to execute places the County in the position
for having to pay full price for connections later, instead of at the current subsidized rates, the County
Attorney needs direction whether to execute the exemption documentation for 36 units or to request
that KL WTD only waive assessments for 33 units.
PREVIOUS RELEVANT HOCC ACTION:
Res. 116-2008, as described above.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
N/A
TOTAL COST:
. INDIRECT COST:
BUDGETED: Yes No X
COST TO COUNTY: $5,200 perEDU
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No 1L AMOUNT PER MONTH
YEAR
APPROVED BY: County Atty X
OMB/Purchasing _
Risk Management _
DOCUMENTA TION:
Included L Not Required _
DISPOSITION:
Revised 2/05
AGENDA ITEM #
RESOLUTION NO. 01-01-09
A RESOLUTION OF THE BOARD OF COMMISSIONERS
APPROVING THE REQUEST OF MONROE COUNTY FOR
DESIGNATION OF THIRTY SIX TAX PARCELS AS
PARCELS EXCLUDED FROM THE 2008 NON-AD
VALOREM ASSESSMENT; AND PROVIDING FOR
APPLICABILITY AND AN EFFECTIVE DATE.
WHEREAS, the County of Monroe has submitted documentation supporting its
request for exception of thirty six units from the Wastewater Assessment; and
WHEREAS, the documentation consists of a recorded lease between Monroe
County and Blue Water Workforce Housing, LLC that restricts development to
thirty six units; and
WHEREAS, the information states that the parcels are owned by the Monroe
County, that they are held for Workforce Housing, and that they will be limited to
thirty six dwelling units;
WHEREAS, the original agreement called for seventy two units and the County
has been assessed for seventy two units;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COMMISSIONERS OF THE KEY LARGO WASTEWATER TREATMENT
DISTRICT;
Section 1.
AK: 1601179
RE: 00488730-000000
LEGAL DESC: BLUE WATER TRAILER VILLGE SEC I-KEY LARGO
PB5-104 TRACT C OR581-966 OR775-92T/A OR842-712L1T 0R903-1089Q/C
0R903-1090Q/C 0R903-I091Q/C 0R909-628Q/C OR955-1724Q/C 0R2009-
8911892(pROB #44-2004-CP-95-K) 0R2009-951181 WILL 0R2009-982/83EST/ORD
0R2022-2153AFF 0R2022-2154 0R2147-1539 0R2166-1984/86
Section 2. The Key Largo Wastewater Treatment District Board of Commissioners
does hereby excludes the thirty six tax parcels designated above from the Key Largo
Wastewater Treatment District's 2008 Non-ad Valorem Assessment
Section 3.
APPLICABILITY AND EFFECTIVE DATE.
This resolution shall take effect upon adoption by the Board of Commissioners.
RESOLVED AND ADOPTED THIS 6th DAY OF JANUARY, 2009
This resolution is made in reliance upon information, representations, and documents provided by the owner of the
Excluded Parcel. If, at some later date, the District determines that the information, representations, and documents
contained false or misleading infonnation material to the District's decision to designate the Tax Parcel as an
Excluded Parcel, the District reserves the right, in its discretion, to revoke such designation, and to pursue all
remedies at law and equity for injuries to the District caused by exclusiDn of the Tax Parcel.
If the District in its sole discretion later provides Wastewater Service to an Excluded
Parcel, the then-current owner(s) shall be required to pay to the District all direct and
indirect costs and expenses, including, but not limited to, an amount fairly representing the
special benefit that the Tax Parcel will receive, as determined by the District.. The
undersigned understand and acknowledge that the amount charged at the time of later
connection is expected to be significantly greater than the 2006 and/or 2007 non-ad
valorem assessment.
I, , on behalf of the County of Monroe do hereby accept this
resolution and agree that it will be recorded in the Public Record.
Signature
State of County of
The foregoing instrument was acknowledged before me this _ day of ,2009, by
who is personally known to me or who
has produced as identification.
, Notary Public
Page 2 of3
The foregoing RESOLUTION was offered by Commissioner f3 J(ooKs
who moved its approval. The motion was seconded by Commissioner
110 j //V~ , and being put to a vote the result was as follows:
Chairwoman Susan Hammaker
Commissioner Charles Brooks
Commissioner Robby Majeska
Commissioner Andrew Tobin
Commissioner Norman Higgins
AYE
/'
.....tL.-
/
v
7
NAY
The Chairman thereupon declared Resolution No. 01-01-09 duly passed and adopted the 6th day
of January, 20089
:~ L];;i~~.tTE~ATER TREATMENT DISTRICT
airwoman Susan Hammaker
ATTEST:
C&d~
Approved to as to form and legal sufficiency
~flZ0~
Carol Walker, District Clerk
District Counsel, Thomas M. Dillon
\\\\\\\ \llll flllll;,
~,,\' GO Was~ /0;
~ "",'0-,\":""...,, ((h ~
~~.,," ',,'~~
~\~~AL ... ~"*'
~~.lJ -"A:::::'
== : ~ ==
- . .. -
- . . -
::: e 11II _
:::. ~ : :::
~ *.". .. ;:-
~ ~ ~e .. ~
?: A *.~ ...~ ~~
~c9qt. ..... ...~. \,.(, ~
0;, I}]ent l)\s ~,~
'/1//11/11 1\1\\\\\\
Page 3 of3
RESOLUTION NO. 116-2008
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
FOR MONROE COUNTY, FLORIDA, AUTHORIZING STAFF TO
REQUEST OF KEY LARGO WASTEWATER TREATMENT
DISTRICT EXEMPTIONS FROM THE WASTEWATER
ASSESSMENTS FOR PROPERTIES ACQUIRED FOR
CONSERVATION AND OrnER PURPOSES NOT CONSISTENT
WITH DEVELOPMENT; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, as it progresses on its system projects, Key Largo Wastewater
Treatment District (KL WID) imposes on properties in the area affected special assessments
for the provision of wastewater treatment; and
WHEREAS, some of the County-owned properties within the KLWTD service area
are not expected to be developed, generate wastewater, or benefit from wastewater treatment
service; and
WHEREAS, KL WTD has a procedure by which the County may request an
exemption from wastewater assessments for said properties; and
WHEREAS, the County understands and acknowledges that in the event an exempted
property is later developed in a manner requiring connection to the KL wrD Wastewater
treatment system., the County shall be required to pay to KL WTD all direct and indirect costs
and expenses, including but not limited to, an amount fairly representing the special benefit
the property will receive, as determined by KLWTD, which amount is expected to be higher
than current KL WID assessments; and
WHEREAS, the County should not pay for infrastructure which will not benefit those
properties which are expected to be conserved and have no development which will generate
wastewater;
NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners
for Monroe county, Florida that:
1. The County Administrator or his designee is hereby authorized to submit to KL WTD
requests for exemptions from assessments for any County-owned properties where the
purpose or means of acquisition, the applicable development regulations, or the existing use
indicate the properties will not be developed in a manner requiring state--mandated connection
to a central sewerage system. Such properties shall consist primarily ot: but not limited to,
conservation lands acquired by ROGO dedication, purchase with grant funds, or settlements;
lands designated Tier I; wetlands; undeveloped park lands acquired by dedication on plats;
and properties serving as right-of-way.
Exemptions from KL WID Assessment I
2. The County Administrator and the County Attorney each have the authority to execute
any documents required by KLWfD in order to fmalize the award of exemption from any
assessment.
3. TIns Resolution shall be effective upon adoption.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at
a regular meeting of said Board held on the 21 stday of May. 2008.
Mayor Charles McCoy
Mayor Pro Mario DiGennaro
Commissioner Sylvia J. Murphy
Commissioner George Neugent
. Commissioner Dixie Spehar
ATTEST
D~~~
Bya
Deputy Clerk
~
~
Yes
~
~
BOARD OF CO
COMMISSIONERS OF MONROE COUNTY, FLORIDA
::l: ro.a
c=:t 0'"
0 0 C;:)
)> co
% 3: ,
:;1;JC")z P1
o -- >- ....~..:
- ....
rr1~ __oi -<
....,..., .011
~~ N
n. ,'-
a (") . ..... -'
c:::-::-~- :':''1.;
:-;:'_J.;'"': -0 ;iJ
..-..... . ~.. :J:: rrJ
;0,+"
....-,~, C")
~ . p, fril' 0
.. ~:;:l :::.:..."l
r
:t> rr~ .::- C:;t
.&;-
MONAO!eOUNTYATTOANEV
~o~~
S ZANN~ . H ON
~ I COUN~RN~
,89_ -r ~ Y _
Exemptions from KLWTD Assessment 2
MEMORANDUM
MONROE COUNfY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring, professional and fair
Andrew O. Trivette, Director of Growth Management
Joseph Haberman, Planner
November 28, 2007
Comments on a proposed development by Gorman & Company, Inc I Duany
Plater-Zyberk & Company in Blue Water Trailer Village on Key Largo
To:
From:
Date:
Subject:
I. Proposal
Gorman & Company, Inc and Duany Plater-Zyberk & Company have proposed to construct
thirty-six (36) affordable housing units, composed of two (2) one-bedroom/one-bath units,
twenty-four (24) two bedrooms/two baths units and ten (10) four-bedrooms/two baths units,
on a parcel of land to the Southeast of the intersection of Old State Road and Burton Drive on
Key Largo.
A site plan for the layout of the 36 affordable housing units waS provided. In the design
scheme, all of the units would be attached "carpet cottages" and would be situated within
three cluster developments. The clusters are separated from one another by internal
driveways with parallel parking and landscaped areas.
II. Subject Property Description
The subject property consists of one (1)
parcel. The parcel is legally described as
Tract C, Blue Water Trailer Village
Section 1, Key Largo, PB5-104 and is
identified as Real Estate Number
00488730.000000.
According to the Property Appraiser's
records, the site consists of 118,483 ft2
(2.72 acres) of total land area. However,
no boundary survey providing a total
amount of upland area was provided to
confirm this total.
Page 1 of 4
The property has a Land Use District designation of Sub Urban Commercial (SC), a Future
Land Use Map (PLUM) designation of Mixed Use I Commercial (MC) and a Tier designation
of Tier III.
III. Brief Review of the Site Plan
The development of employee housing is consistent with the purposes of the SC District
(MCC Sec. 9.5-206) and the MC future land use category (Policy 101.4.5).
In the SC District, residential developments involving more than 18 units and designated as
employee housing may be permitted with a major conditional use permit (MCC Sec. 9.5-
235). At this time, affordable housing other than employee housing is not a permitted use in
the SC District. Employee housing means a dwelling unit that is intended to serve as
affordable, permanent housing for working households, which derive at least 70 percent of
their household income from gainful employment in Monroe County and meet the
requirements for affordable housing as per MCC Sections 9.5-4 (A-5) and 9.5-266.
The development of 36 employee housing units on the site would require major conditional
use approval. Conditional uses are those uses which are generally compatible with the other
land uses permitted, but require individual review of their location, design and configuration
and the imposition of conditions in order to ensure the appropriateness of the use at a
particular location.
The owner of a parcel of land shall be entitled to develop employee housing on parcels of
land classified as SC at an intensity up to a maximum net residential density of 18 dwelling
units per acre (MCC Sec. 9.5-266(a)). Further, for employee housing, the maximum net
residential density allowed per district shall not require transferable development rights
(TDR's). Therefore, under the residential density regulations, the site could accommodate up
to 39 employee housing units on the site:
Development Potential
Employee Housing 18 units per 2.72 acres 39 units 36 units 923 %
buildable acre (2.18 buildable
acres
i. The land area totals used in the above calculations are based on the Property Appraiser's records. The
total amount of upland must be confirmed with a sealed boundary survey.
There is a required open space ratio of 0.20 or 20 percent in the SC District. Therefore, at
least 23,697 ft2 of the 118,483 ft2 of total land area must remain open space. The proposed
site layout appears to be compliance with this regulation.
The required non-shoreline setbacks in the SC District are as follows: Front yard - 25 feet;
Rear yard - 10 feet; and Side yard - 10/15 feet (where 10 feet is the required side yard for
Page 2 of 4
one side and 15 feet is the minimum combined total of both side yards). Since the site is
bordered completely by public right-of-ways, it is subject to front yard setback requirements
along each property line. The proposed affordable housing units appear to be compliance
with the setback regulations. However, several parking spaces are within the required
setback and would require variance approval.
The development would require 54 off-street parking spaces, or 1.5 spaces per each employee
housing unit. Three parking areas would provide 56 off-street parking spaces. Parking
spaces would be situated as parallel along internal driveways and would be located
throughout the site as opposed being massed together within a single parking lot.
A complete landscape plan was not provided for review; however, parking lot landscaping
and treescaping along the bordering roadways are shown on the proposed site plan. Since the
off-street parking area would contain more than six spaces, a class A parking lot landscape
standard is required. In addition, there are adjoining Native Area (NA), Sub Urban
Residential (SR) and Urban Residential Mobile Home (URM) Districts. Therefore, district
boundary buffers may be required.
IV. Brief Review of the Proposed Housing Units
The site is designated within an AE - EL 8 flood zone on FEMA's flood insurance rate maps.
All new structures must be built to standards that meet or exceed those for flood protection.
The elevations indicate that the structures would be elevated.
No building shall be developed that exceeds a maximum height of 35 feet (MCC Sec. 9.5-
283). The elevations indicate that the structures would be in compliance with this regulation.
The size of an affordable or employee housing dwelling unit is limited to a maximum of
1,300 ft2 for a period of at least 50 years (MCC Sec. 9.5-266(a)(6)d). The affordable housing
units would range in size from 820 ft2 to 1,245 ft2.
In order for an applicant to be entitled to the incentives for affordable housing outlined in
MCC Sec. 9.5-266, the owner must ensure that all of the provisions and standards set forth in
MCC Sec. 9.5-266(a)(6) are met. No information was provided that would indicate whether
or not the units would be in compliance with these regulations.
V. Conclusion
In conclusion, the proposed affordable housing development would be in compliance with the
purpose, use and residential density requirements of the land development regulations.
The utilization of "Carpet Cottage" style architecture would significantly contribute to the
architectural quality of the area. The style is similar to the traditional Key West vernacular
and is built to the human scale. This style provides visual interest and the variations in
fa~ade elements would reduce the apparent mass of the attached residential units. In
Page 3 of 4
addition, the proposed units would be constructed using several energy conservation features
such as the provision and shading and natural light. These features would help the residential
units conserve energy and therefore be more environmental friendly than conventional
construction.
Page 4 of 4