E. Staff Reports
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Division of Housing and Community Development
Memorandum
TO: Thomas Willi, County Administrator
FROM: Lisa Tennyson, Affordable Housing Coordinator
THROUGH: James "Reggie" Paros, Director, Housing and Community Development
DATE: September 17,2007
SUBJECT: Review of Use and Status of Affordable ROGO Allocations
1. Status of Affordable/Workforce Proiects with Reserved ROGO Allocations
There are 7 affordable/workforce residential developments in the County for which there are
reserved affordable ROGO allocations. These are listed below with their current status:
a. Park Village - Stock Island (Developer: Park Village LLC)
. 40 ROGOS reserved through Resolution 273"2006 (July 19, 2006) and extended
an additional year through Resolution 184-2007 (May 16, 2007)
These ROGOS were reserved because the County wanted to protect its significant
purchase investment by ensuring that there would be ROGOs available to
expedite the development and construction phase when we reached that point.
2006 was largely devoted to the first phase of the project which included the
County's purchase, closing and lease-back of the parcel (through Resolution 005-
2006 dated March 15, 2006), the drafting and approval of the 99 year ground
lease, and development review.
. STATUS: 30 homes have been constructed; first 20 homes have been sold and are
fully occupied; 10 more homes are scheduled to close presently; the final 10 units
are expected to be completed and closed within in the next 6 months.
b. Islander Village - Stock Island (Developer: Islander Village LLC)
. 89 ROGOs reserved through Resolution 273-2006 (July 19, 2006) and extended
an additional year through Resolution 184-2007 (May 16, 2007). Like Park
Village, the first year of this reservation was devoted to the first phase of the
project which was the purchase, closing and lease-back of the property, finalizing
the ground lease and development review.
. STATUS: Ground was broken in July 2007, and first group of permits has been
pulled. The new homes will be constructed, sold and occupied in sections of ] 0
or 15 homes, with completion of all units anticipated in 12 months.
c. Flagler Village (formerly Overseas Village) - Stock Island (Developer: Overseas
Redevelopment LLC)
. 49 ROGOs reserved through Resolution 273-2006 (July 19, 2006) and extended an
additional year through Resolution 184-2007 (May 16, 2007).
As with the two projects above, most of the first year of this reservation was
devoted to the purchase, closing and lease-back of the property, finalizing the
ground lease and development review.
. STATUS: Currently qualifYing buyers; property has been cleared and posted for
construction siting, scheduled for completion and on line in Spring '08.
d. Bayside Landing - Big Coppitt (Developer: Habitat For Humanity Lower Keys)
. 10 ROGOs reserved with Resolution 273-2006 (July 19, 2006) and extended an
additional year with an additional 8 ROGOs reserved through Resolution 184-
2007 (May 16, 2007)
. STATUS: Conditional use and setback variance granted by Planning
Commission; anticipate breaking ground in 3 months; financing in place; all 18
homes have been pre-sold; purchasing families have been selected and qualified.
e. Four County-Owned Parcels (Developer: To be determined)
. 69 ROGOs reserved through Resolution 273-2006 (July 19, 2006) and extended
an additional year through Resolution 184-2007 (May 16, 2007). However,
permissible density has since increased on these parcels to a maximum of 81
units. Therefore, the county anticipates needing 12 additional allocations (which
it has.)
. STATUS: The four county-owned parcels were contemplated for use by leading
Florida developer, the Carlisle Group, in 2006, but due to circumstances no longer
relevant, the County re-opened the process for development of these parcels by
issuing RFQ in May '07. BOCC approved seven potential developers at the July
18, 2007 commission meeting. The County's housing team met with all seven
qualified developers in Key West on August 17, 2007, and issued an RFP on
September 6, 2007 to these developers for conceptual site plans and financials
which are due back to us Oct 12,2007. We anticipate bringing the RFP response
information to the BOCC in December in order for the BOCC to select developers
to work with. The County has reserved 69 ROGOs already and has an additional
12 if needed for these parcels. The Housing and Community Development
Division will lead the county's housing team in negotiating development
agreements based on BOCC direction in early 2008.
f. Sea Grape Apartments (Developer: Carlisle Group)
. 84 ROGOs (city and county coordinated and cooperatively combined) reserved
and awarded through City of Marathon Resolution 138-2003.
. STATUS: At the August 2007 BOCC meeting, Carlisle explained the funding-
related and other delays in this very low and low income rental housing
development since its inception in 2003. The 99-year ground lease was just
approved by BOCC in August; and the county's closing on the property is
anticipated for September (this month). Ground breaking is scheduled for
November '07; first 56 units scheduled to be completed and coming on line in 18
months.
2
g. Tradewinds Phase II (Developer: Tradewinds Hammock Phase II, LLC-Peter
Rosasco)
. 52 ROGOs were reserved for this project in 2002 per Resolution 264-2002. The
Division has inquired about ROGO reservation status for this project with the
County Attorney's office and the Division of Growth Management.
. The 52 allocations for this project were reserved from a pool of 201 affordable
ROGOs granted to the County under a 380 agreement between the County and the
DCA dated December 1999. As late as May 2006, the County preliminarily
prepared to enter into a purchase and lease back transaction for this parcel and an
initial draft of a 99-year ground lease was created by the Housing Taskforce
consulting attorney. However, according to the consulting attorney, as of Friday,
September 14,2007, the applicant has confirmed that the property remains on the
FEMA flood insurance injunction list and no further action has been taken on this
project since the consultant's submission to the interested parties of his initial
May 2006 draft lease.
. STATUS: As set forth above.
2. ROGO Allocations Available for 2007
As of the date of this report, and as per the information provided by the county's planning
department, there are 13 affordable allocations for Big Pine Kev and 94 affordable allocations
for rest of the countv for a total of 107 affordable allocations.
For Big Pine Key, the 13 affordable allocations that are available reflect the 2 that Big Pine
receives in each new ROGO year plus II unused allocations from last year (2+ II =13). For the
rest of the County, the 94 available affordable allocations reflect the 69 the county receives from
its yearly allotment minus 8 that the county has recently awarded to Habitat For Humanityl (69-
8=61) plus 33 unused from last year (61+33=94).
It also important to note that any previously reserved allocations have already been subtracted
from the county's affordable ROGO pool and are therefore fully accounted for in determining
the present number of unreserved available allocations. So, we believe the 107 allocation
number accurately and reliably represents the number of affordable ROGOS available today for
future requests.
3. Proposed Affordable/Workforce Housinf! Proiects
The following potential affordable housing projects are currently under some level of review
in the County's planning department. The applicants for two of these projects, Skeeters Marine
(Big Pine Key) and Lakeview Gardens (Key Largo) have expressed an interest in, but have not
received, a reservation of affordable ROGO allocations. Planning staff has advised that it is
unaware of any current or pending applications for projects that have been denied or stalled due
to the lack of affordable allocations.
There are not presently enough available allocations to meet the needs of every proposed
I The County has reserved and subtracted 8 ROGOs for Habitat's Bayside Landing project as per Resolution 184-
2007, which compliments and completes their need for 18 total units, the other 10 having been reserved pursuant to
county Resolution 273-2006.
3
project listed below in order for these projects to fully proceed this year. It is also possible that
new applications will be submitted, further increasing the competition for the limited allocations
available for BOCC award or reservation. ROGO reservations serve to enhance the certainty of
some projects as they proceed through a rigorous, lengthy and often expensive development
review and permitting process. However, the need and demand for ROGO allocations is fluid.
For example, one project (Lakeview Gardens) has expressed a willingness to have allocations
allotted in phases over this year and the next. We also know from experience that not all of these
projects will likely be fully approved within the next 12 months and therefore they will not need
an allotment of allocations from this year's pool.
Pending affordable or workforce housing applications:
a. Teacher Housing - SugarloafKey (Developer: Monroe County School Board)
The applicant for this project for 28 home ownership units recently submitted a
conditional use application, submitted revised materials, and is awaiting a
determination of completeness. Also, this project will require a comp plan text
amendment. The project will be built on school board property next to the Sugarloaf
Middle School. The parcel has an Educational FLUM which has no associated
residential density, so the comp plan must be amended to assign a residential density
to the Educational FL UM. The Florida legislature has directed that school districts
may use their property for workforce housing purposes. [See Section 1001.43 (12)
F.S.]
b. Coconut Cove -- Big Coppitt. (Developer: Old Town Key West Development)
This project for 18 affordable home ownership units and 5 deed-restricted market rate
units has submitted a conditional use application and a variance application; they are
scheduled to be heard Oct 10, 2007.
c. Skeeters Marine -- Big Pine Key (Developer: Richard Beal)
This project for 33 affordable home ownership units had initially requested to have
ROGOs reserved in advance. A reservation of this amount would have also required
that the County permit him to borrow forward and essentially use all of Big Pine's
future ROGO allocations. However, the future status of this project is currently
unknown, due in part, to Planning Department's reporting that significant mitigation
requirements may be involved as per the Big Pine Key HCP.
d. Lakeview Gardens -- Key Largo (Developer: Northstar Resort Enterprises)
Development Agreement and Conditional Use for this 100 home ownership unit
project will be heard in October. This developer has 47 unused market rate ROGO
exemptions from another project. If these are transferred to this new project, the
applicant will require approximately 53 affordable allocations in order to complete
the 100 unit affordable project. However, the applicant has proposed trading its 47
market rate ROGOs to the County in exchange for affordable ROGOs to be applied to
this project, in which case it would need a total of 100 affordable allocations. (The 47
market rate ROGOs turned over to the County under such a scenario might possibly
be used by the County as a set-aside ROGO pool for litigation settlement, beneficial
use or similar purpose.)
e. Habitat for Humanity Upper Keys -- Key Largo
4
This project is for 2 single family homes (home ownership). RaGas have been
awarded from last year's allocations (4th quarter 2006).
f. Fletcher -- Big Pine Key
This project is for 4 employee housing units (rentaL) RaGas have been awarded
from last year's allocations (4th quarter 2006).
g. Florida Keys Electric, Inc. -- Stock Island
This project is for 4 employee housing units (rentaL) RaGas have not been awarded
but building permits have been submitted.
h. Habitat for Humanity Lower Keys -- Big Pine Key
This project is for 2 single family homes (home ownership) are planned.
i. Habitat for Humanity Upper Keys - Key Largo
A project for a 5 unit multifamily is planned (but no application has been submitted)
for this parcel purchased and leased to the organization.
4. Status of ROGO Allocations in Municipalities
We have not been able to completely determine to our satisfaction at this time, the precise
status of the use or planned use for affordable allocations by Key West, Marathon and
Islamorada. However, we have compiled a listing of affordable housing projects in these
municipalities known to us and in unincorporated Monroe County, with the corresponding
number of units, that are either built and occupied or in the development review or planning
pipeline.
a. Key West
Name of Development # of Units Type
1. Bahama Village Community Trust 17 Ownership
2. Old Town Key West Development 35 Mix
3. Key West Seaside 29 Rental
4. Flagler Court 26 Ownership
5. Paradise Court 16 Ownership
6. Beachside (lIJ'flroved and permitted) 50 Rental
7. Salt Ponds 85 Ownership
8. West Isle Apartments 300 Rental, offline in 2 yrs
9. Individual Deed Restricted Homes 125 (approx). Ownership
10. Key West Housing Authority
. Poinciana Apartments 152 Rental
. Porter Place 128 Rental
. Fort Village 84 Rental
. Robert Gabriel, Sites A,B,C 53 Rental
. George Allen I 17 Rental
. Roosevelt Sands Housing Complex 44 Rental
. Murray Senior Center 28 Rental
. Roosevelt Gardens 96 Rental
5
. Poinciana Townhouses (in 45 Rental
planning)
. City Section 8 Voucher Program 181 Rental
(in orivately owned homes)
11. School Board-Trumbo (in planning) 145 Mix
Total 1,756
b. Marathon
1.
# of Units
14
T e
Rental
Land Trust)
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
4
4
16
4
56
84
40
5
5
I
Ownershi
Ownershi
Rental
Ownershi
Ownershi
Rental
Ownershi
Rental
Ownershi
Ownershi
Total
233
c. Islamorada
Name of Development # of Units Tvpe
1. Individual deed-restricted homes 61 Ownership
2. Wet Net (pending) 52 Rental
3. Woods Comer, MKCLT (pending) 16 Ownership
Total 129
d. Unincorporated Monroe County
Name of Development # of Units Type
Built and Occupied
1. Atlantic Pines (Big Pine) 14 Rental {80%/or
(1SI AFH development in Monroe County) Commercial
Fisherman)
2. Habitat Landings (Big Pine) 15 Ownership
3. Tradewinds Hammock (Key Largo) 66 Rental
4. Meridian West (Stock Island) 102 Rental
6
5. Tortuga West (Stock Island) 18 Ownership
6. Dolphin Cove (Sugarloaf) 9 Ownership
7. 104 First Street (Key Largo) 14 Rental
8. HFH-Lower Kevs Single Family (Ramrod) I Ownership
9. HFH-Upper Keys Single Family (Key Largo) 8 Ownership
10. Park Village (Stock Island) 20 Ownership
II. Individual, Deed-Restricted Single Family 152 (approx.) Ownership
12. Hawks Cay (Duck Key) 18 Rental
13. WF Enterprises (Sugar loaf) 6 Rental
14. Pike (Big Coppitt) 3 Rental
15. Ocean Reef Employee Housing 120 2 Rental
16. Monroe County Housing Authority Rental
. Newport Village Apartments (Key 50 Rental
Largo)
. Bethel Housing Complex (Stock 18 Rental
Island)
. Mandalay (Key Largo) 2 Rental
. Tropic Isle Apartments (Marathon) 23 Rental
. 3m Street/Avenue B (Big Coppitt) 4 Rental
. Eastwind Apartments (Marathon) 130 Rental
. County Section 8 Voucher Program 165 Rental
(in privately owned units)
Total Built and Occupied 958
Pending
Park Village (Stock Island) 20 Ownership
Islander Village (Stock Island) 89 Ownership
Overseas/Flagler Village (Stock Island) 49 Ownership
Lakeview Gardens (Key Largo) 100 Ownership
Four County-owned parcels (Keys-wide) 81 Mix
Habitat Lower Keys (Big CoppitO 18 Ownership
School Board Teacher Housing (Sugarloaf) 28 Ownership
Coconut Cove (Big Coppitt) 18 3 Ownership
Habitat Lower Keys, Single Family (Big 2 Ownership
Pine)
Habitat Upper Keys, Single Family (Key 2 Ownership
Largo)
Fletcher (Big Pine, Employee) 4 Rental
Florida Keys Electric Inc. (Stock Island, 2 Rental
Employee)
Habitat Upper Keys (Key Largo) 5 Ownership
Total Pending 418
Total Built and Pending 1,376
230 quadruplex units housing 4 employees each
3 With five additional deed-restricted workforce market rate units.
7
WBTF lip"
RESOLUTION NO. 100 -2006
A RESOLUTION OF THE MONROE BOARD OF COUNTY COMMISSIONERS
REGARDING THE AWARD OF AFFORDABLE/WORKFORCE HOUSING
ALLOCATIONS ON A "READY TO PROCEED" BASIS AND ESTABLISHING
POLICIES RELATING TO RESERVATION OF AlLOCATIONS PENDING
CERTIFICATE OF OCCUPANCY
WHEREAS, the Board of County Commissioners has recently empanelled a
Workforce Housing Task Force made up of members from throughout the Florida Keys
to address critical housing affordability issues facing the Florida Keys; and
WHEREAS, the State of Florida and all local governments in the Florida Keys
(each subject to Area of Critical Stste 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 polices regarding the award of
affordablelworkforce unit allocations, with due consideration being 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
for any tendency for recipients to "bank" allocations even where the recipients may be
unable to complete unit(s) on a reasonably prompt basis; and
WHEREAS, consideration must as well be given to factors such as individual
developers' investments and commitments to embarking upon affordable/workforce
housing projects, in the face of the time it takes to fully permit and finance a project, and
the developers' legitimate needs for some assurance that allocations arc in fact and will
remain available and/or reserved for a reasonable time so that follow-through on initial
commitments will in fact be justified; and
WHEREAS, based upon recommendations of the Monroe County Workforce
Housing Task Force and upon the consideration and finding of this Board that these
recommendations are sound and mcrlt immediate implementation; now therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA that:
Section 1: The County Administrstor shall have the Monroe County Planning
Department present to the Monroe County Planning Commission for public hearing at the
earliest opportunity a proposed ordinance implementing a system which requires. that a
developer of an affordable/workforce housing unit complete construction of all units to
the point of readiness for occupancy within two (2) years of the initial award or
reservation of an award of affordable/workforce housing dwelling unit allocations to the
developer. The ordinance shall provide thai upon resolution of the BOCC, for good
cause for delay shown, and upon satisfactory demonstration of otherwise diligent
progress towards project completion, a developer should be entitled to receive an
extension ofup to one (I) year to complete its project.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting of said Board held on the ISIh day of February,
2006.
Mayor McCoy Yes
Mayor Pro Tem Nelson Yes
Commissioner Neugent Yes
Commissioner Rice YeR
Commissioner Spehar Y....
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BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
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A 1TEST: Danny L. Kohlage, Clerk
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Deputy Clerk
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RESOLuTIoN NQ, 273-=-
A RESOLVTlON OF THE MONROE COUNTY BOARD or COUNTY
COMMISSIONERS DDtECI1NG JlRlJERVATlON FOR AWARD 011'
AJI'lORDABLE DWELLING UNJT ALLOCATIONS lOR SPECI1I'IED
PROD:Cl'S; 1H0111!'1G TERMS AND CONDmoNS
WRIlIUtAS, the Stme of Florida lIIId a111oca1 ao~ ill the FJorida Keys
(ach lJUbject to Aftla of Criticel SIIIIl Coocem m"""... reIatiDa to bousiDa
afIbrdUiHty) ~l... the need filr alIbrdebIIt housiaa tIJrouabout the IllIlII IDd
puticuIady ia tbe Florida Kllys wbae ~ Imd fur bousiDa is CXUOudy IImi1Ied
IDd expco..lve; and
WRIi'.ItEAS, the "".l~ of IMO~idiba atlOrcIIIble houIiDa OSlI-baaitllo. ia tbe
Florida Keys is 0IIIl requiriaa _Dle IDd ~ft UIe of "'sj.t....II.11IlIit a1Io4-"'l.oolr,
ilIc1udiDg impJ~~k'ton of clrective Ioq-tam 1"_ 4Cion ~'-; lIIId
WHEIt&\S, tbarc II8s been a IIIOIlItOrlum in place OIl tbe &wmd of d-nma UDit
.11ocmooa siDco Aupst, 200S; IDd
WIIEREAS, IIOvaaI projects _'~"'1.IIIri"i the deveJopmem of aft'oJdab1e
bouIiua (the "ProjoctB") illvoJve County fbDd&Ja 8DdIor pt~ and IeqUire fOr
fImdias 8JIJIl'OYllIad other pUIpOIIeIlbe imnvd...., vcrifi~ of aftbrdable ROOO
dweIIiq IIJIit llIIoeaticm set IIIides; ad
WIIEREAS, the DOCC has -In''CJ the Projects ltLontiflecl bareiD ad
d-""'d dW eac:h is ia lbe County's iDtCI~
NOW TBERlI'ORE, BE rr RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COVNTY, FLORIDA"'I:
s.doIIl: The Momoe eo_ P....., Deparlment Bba1I dheet lIIJd lIpJIJ'Ow
the resCI.... IlId set aid8 of aftDMabIe ROGO aII"""tlODS fur 0IIIl (1) year fium tbe
date of Ibis resolutioa (sbouId buiIdiDa permits fur 1be re'*l wDtI DOt be illllled within
0IIIl (1) ,.. ftvm 1be date of 1hiI --..., all .JJnelltIODr Bba1I mat to tbe Couaty fur
POSSIble award to o1bc:r llP91ic1!1t1) fur Jhe following Projects as foUOWI:
A. For the "Pule Vm." projllc::t, forty (40) affimIIble ROOO .J1",,~
B. For the "Islandar V~.. project, eighty-aiDe (89) IIffunIabIe ROOO
aDoc","",""
C. For the "e>wn.s" project, forty-uine (49) affilnlable
ROOO .1.....-tioas
D. .For1hc"F,l8bi1lltforH\llllBityof~~~~s .
Cnm""..,;ly HOWling Lmd Trust" Big Coppitt project, leD (10) lI1fonI8ble
ROOOall~
E. For the four-pm:el "Carlisle" project, sixty-alDe (69) affurdable ROOO
allocations.
.. "&0..0. 2: 1"-1"8 StBft" i. hereby 8IIlboriad to process expeditiously parmit
rdaled IIppIi('Miou for the 8bo,^,",~&........xI ~jo.Aa.
s....... 3: Altenudive meIhods of deed n:8lrictiomJ . IIJlIIl'OVOd by the
County AUIDmey" offico may be aubstilUled for the foregoiDa projeclll.
PASSED AND ADOPTED by the BolIId of County Cf.......I.oio....... of Momoe
County, Florida lit a 1qlUIar meetias bold lID the .!2.t1I.. day of Julv
2006.
Ma,w CbIIrlIl8 "Sonny" McCoy
Ma,w Pro Tem Dixie Speber
Cnnt..,;"",- 0ll0IalD Neupllt
Cnnt..,;~ Glema Pattoo
Cnnt...losiOllel' DlIVid Rico
Yes
Yes
Yea
YAR
Yes
BOARD OF COUNTY COMMISSIONERS
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L": .. .' . 'or --<. . ~\ Mayor "9mmy" McCoy
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i: . - . _. . .';t. KOLHAGE, CLERK
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APPROVED AS TO FORM:
MONROE COUNTY ATTOR
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County AUomey
0111
2
RESOLUTION NO. 184..2007
A RESOLUTION OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS DIRECTING CONTINUED
RESERVATION OF AFFORDABLE DWELLING UNIT
ALLOCATIONS FOR SPECIFIED PROJECTS; SETTING TERMS
AND CONDITIONS
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, on July 19, 2006 the Board of County Commissioners adopted
Resolution 273-2006 reserving affordable dwelling unit allocations for several specified
projects for a period of one year which expires on the 18th of July, 2007; 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 effective long-term preservation mechanisms; and,
WHEREAS. several projects contemplating the development of affordable
housing (the "Projects") involve County funding and/or properties and require for
funding approval and other purposes the immediate verification of affordable RaGa
dwelling unit allocation set asides; and
WHEREAS. the BOCC has examined the Projects identified here in and
determined that each is in the County's interests and are progressing with sincere intent to
complete;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY FLORIDA:
Section 1.: The Monroe County Planning Department shall direct and approve the
reservation and set aside of affordable RaGa allocations for one (I) year from the date
of this resolution (should building permits for the related units not be issued within one
(I) year from the date of this resolutions all allocations shall revert to the County for
possible award to other applicants) for the following Projects as follows:
A. For the "Islander Village" Project, eighty-nine (89) affordable RaGa
allocations
B. For the "Overseas" project, forty-nine (49) affordable ROGO allocations.
Pagelof2
Reviewer:
C. For the "Habitat for Humanity of the Lower KeyslFlorida Keys
community Housing Land Trust" Big Coppitt project, eighteen (18)
affordable ROGO allocations.
D. For the four Monroe County owned parcels (previously CWHIP projects),
sixty-nine (69) affordable ROGO allocations.
Section 2: Planning Staff is hereby authorized to process expeditiously permit related
applications for the above-referenced projects.
Section 3: Alternative methods of deed restrictions as approved by the County
Attorney's office may be substituted for the foregoing projects.
PASSED AND ADOPTED at a regular meeting of the Board of County
Commissioners of Monroe County, Florida, held on the 16th day of May, 2007.
Mayor Mario D1 Gennaro
Mayor Pro Tern Dillie M. Spehar
Commissioner Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner Sylvia Murphy
Yes
Absent
.!!!L
Yes
Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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By:
Mayor Mario DiGennaro
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SUSAN M. IMSLEY
ABBlfTANT pou TV ATTORNEY
Dat. "..45 -0")
Page 2 of2
Reviewer:
Doc. 1133'5' 03/22/2807 3:32P"
FIled & ReCDrded in or'JcJar Record. of
"DNIlOE COUNTY DRNNY L. KOLHRGE
Q CITY OF MARATHON, FLORIDA
MAJOR CONDITIONAL USE
OEV~"""MENT ORDER. 'ooM.
A DEVELOPMENT ORD~ APPROVING A MINOR CONDITIONAL USE
PURSUA:'JT TO SECTION 9.5-69 OF THE CITY OF MARATHON LAND
DEVELOPMENT REGULATIONS (CODE) ENTITLED "MINOR
CONDITIONAL USES" FOR THE DEVELOPMENT OF A 84 UNIT
AFFORDABLE HOUSING APARTMENT COMPLEX, LOCATED ON
OVERSEAS HIGHWAY AT APPROXIMATELY 719T STREET, OCEAN
AND FURTHER DESCRIBED AS PART OF GOVERNMENT LOT I,
SECTION 11, TOWNSHIP 66 SOUTH, RANGE 33 EAST, KEY VACA,
MONROE COUNTY, FLORIDA, HAVING A REAL ESTATE NUMBER OF
103560-000200
WHEREAS, The Carlisle Group (the "Applicant'') owns the Property and applied for a
Minor Conditional Use approval to develop an 84-unit multifamily affordable housing project on
property which is located in the Urban Residential land use district (the "Application''); and
WHEREAS, the City of Marathon Planning Commission (the "Commission"), in accordance
with the provisions of Sections 9.5-22 and 9.5-65 of the City of Marathon Land Development
Regulations (the "LOR's''), met to review the Application to determine its compliance with the
applicable regulations on December 20, 2006; and
WHEREAS, the Commission forwarded the Application without a recommendation to the
City of Marathon City Council (the "Council"); and
WHEREAS, the Council, in accordance with the provisions of Sections 9.5-21 and 9.5-65 of
the LOR's, met to review the Application to determine its compliance with the applicable regulations
on January 9, 2007; and
WHEREAS, the Council has duly considered the recommendation of the Commission, and
the information and documentary evidence submitted by the Applicant and does hereby find and
determine as provided below.
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FINDINGS OF FACT:
000. 11331!l1
Bk. 2281 '" 1417
1. In accordance with Section 9.5-65 of the Code, the Commission and Council considered and
determined the Applicanls met the following criteria:
a. The Proposed Use is consistent with goals, objectives and policies of the City
Comprehensive Plan (lite "Plan") and Chapler 9.5 of the Code;
b. The Proposed Use is consistent with the character of the immediate vicinity of the parcel
proposed for development;
c. The design of the Proposed Use minimizes adverse effects, including visual impacts, of
the proposed use on adjaccnt properties;
d. The Proposed Use will not have an adverse effect on the value of surrounding properties;
e. The public facilities and services, including but not limited to roadways, park facilities,
police and fire protection, hospital and medical services, hurricane shelter, dl'llinage
systems, refuse disposal, water and sewers, and schools are adequate; and
f. The Proposed Use complies with all additional standards imposed on it by the particular
provisions ofChapler 9.5 of the Code, authorizing such use and by all other applicable
requirements of the Code.
CONDITIONS IMPOSED:
Granting approval of the Amendment Application is subject to the following conditions:
I. Timely completion of the project as measured from the final approval of this Minor
Conditional Use Application (including exhaustion of DCA appeal periods) as follows:
. Phase I: Permits for construction will be obtained within six months; and, completion
of construction will subsequently occur within eighteen months of obtaining penn.its,
with City staff review twelve months after the date permits are obtained.
. Phase II: Permits for construction will be obtained within one year; and construction
will subsequently be complete within fifteen months of obtaining permits, with City
staff review nine months after the date permits are obtained.
Failure to meet these deadlines for either phase will result in the reversion of affordable
housing ROQO units to the City.
2. 84 Affordable ROGO Housing allocations have been awarded to the project through
Resolution 2003- I 38. The units shall be used for rental housing only and the applicant shall
record a restrictive covenant prior to the issuance of any building pennits for the project. The
restrictive covenant shall be for a minimum offifty (50) years and shall be renewable fortwo
(2) fifty (50) year periods. The developer will enter inter an agreement with the Middle Keys
Community Land Trust or olher similar organization to provide services for both the initial
and annual income qualifications oftenanlS of the affordable housing. This agreement shall
in place and approved by the City prior to the issuance of a CO for the affordable housing
units.
3. The applicant will obtain an Access Connection Permit from the Florida Department of
Transportation acceptable to the City.
4. The applicant will provide wastewater treatment for the project either by connecting to City
facilities, or jf capacity is not available concurrent with project impacts, by constructing a
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Bkll 2281 p.. 1418
wastewater Ireatment plant 10 20 J 0 standards.
5. A ftnallandscape plan specifYing transplantation or mitigation will be provided and approved
by the City Biologist prior to project construction.
6. A final stonnwater management plan is provided and approved by the City Engineer.
7. The fire chiefwiIJ review the final plan to ensure that all tire requirements are met, including
the installation of fire hydrants as per the lire chief's recommendations.
VIOLATION OF CONDITIONS:
The Applicants understand and acknowledge that they must comply with all of the tenns and
conditions herein, and all other applicable requirements of the City or other governmental agencies
applicable to the use of the Property. In accordance with the Code, the Council may revoke this
approval upon a detenninaJion that the Applicants or their successor or designee is in non-
compliance with this Development Order or Code. Failure to adhere to the terms and conditions of
approval contained herein is a violation of the Code and persons found violating the conditions shall
be subject to the penalties prescribed therein.
CONCLUSIONS OF LAW:
Based upon the above Findings of Fact, the Council does hereby make the follOwing Conclusions of
Law:
I. The Application has been processed in accordance with the applicable provisions of the City
Code, and will not be detrimental to the community as a whole;
2. In rendering its decision, as reflected in this Resolution, the Council has:
(a) Accorded procedural due process;
(b) Observed the essential requirements of the law; and
(c) Supported its decision by substantial competent evidence of record; and
J. The Application for an amendment to a major conditional use is hereby GRANTED subject to
the conditions conta/ned herein.
RECORDING:
The Applicants shall at their sole cost and expense, record a certified copy of this Development Order
in the Public Records of Monroe County, Florida within five (5) days ofreceipr of same from the City.
The Applicants shall provide the City with proof of the recording of the Development Order in
accordance with the provisions of this paragraph.
EFFECTIVE DATE:
Do... 113315.
Bk. 2281 p., 1411
The Director of Planning shall sign Ihis Development Order. and it shall not take effect for thirty (30)
days following the date it is rendered/tiled with the City Clerk. During that time, the major
conditional use approval granted herein shall be subject to appeal as provided in the City Code, An
appeal shall stay the effectiveness oflhis Development Order until said appeal is resolved,
(-2(,,-07 ~J
Date Fred Gross
Planning Director
This Development Order was filed in the Office of the City Clerk of this 00 da~Rf l"~:~;
2007. . ,__ ". ,__
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Diane Clavier, City Clerk ':..; ",,, . :
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NOTICE
Section 9.5-72 (a) of Marathon City Code states that a conditional use permit shall not be transferred
to a successive owner without notification to the Development Review Coordinator within five (5)
days of tbe transfer.
Under the authority of Section 9,5-72(a) of the City of Marathon Land Development Regulations,
this Development Order shall become null and void with no further notice required by the City,
unless a complete building pennit for site preparation and building construction with revised plans
for Phase I as required herein is obtained from the City of Marathon Building Official within six (6)
months of the expiration of the Department of Community Affairs appeal period or the date when the
Department of Community Affairs waives its appea1 and all required certificates of occupancy _
procured with one year of building pennit issuance; and, unless a complete building permit for site
prql8t'IUion and building constnJction with revised plans for Phase II as required herein is obtained
from the City of Marathon Building Official within twelve (12) months of the expiration of the
Department of Community Affairs appeal period or the date when the Department of Community
Affairs waives its appeal and all required certificates of occupancy are procured with one year of
building permit issuance,
In addition, please be advised that pursuant to Chapter 9J-I, Florida Administrative Code, this
instrument shall not take effect for forty-five (45) days following the rendition 10 the Florida
Department of Community Affairs. During that forty-five days, the Florida Department of
Community Affairs may appeal this instrument to the Florida Land and Water Adjudicatory
Commission, and that such an appeal stays the effectiveness of this instrument until the appeal is
resolved by agreement or order.
Do". 1133."
Bk. 2281 '.. 1420
CERTIFlC ATE OF SERVICE
A true and correct copy of the above and foregoing Resolution was furnished, via U.S. certified mail,
return receipt requested, addres~d to The Carlisle Group, 2937 S. W. 27'" A venue, Suite J03, Miami,
Florida 33133, this JL day of--.Ja.rl~ 2007. .. , , ' .";'.
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Diane Clavier, Cily Clerk 'oJ
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RESOLUTION 264 -2002
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
AUTHORIZING THE ASSIGNMENT OF 52 ROGO
AFFORDABLE HOUSING ALLOCATIONS TO TRADWINDS
HAMMOCKS-PHASE II IN KEY LARGO
WHEREAS, on August 16,2001, the Monroe County Land Authority approved
providing a $0.9 million, 50-year zero interest mortgage for the Tradewinds Hammocks-
Phase II project for the development of a 50 to 60 affordable housing units in Key
Largo; and,
WHEREAS, Tradewinds Hammocks II, Ltd., has submitted an application for an
amended conditional use to the County Planning Department, which is scheduled to be
considered by the Planning Commission at a public hearing on July 23, 2002; and,
WHEREAS, Tradewinds Hammocks II, Ltd., has requested the Board of County
Commissioners to assign to its proposed 52-unit multi-family project, known as
Tradewinds Hammocks-Phase II, a sufficient number of ROGO allocations to permit the
construction of this project and to commit to a policy of giving preference and priority in
the allocation of future nutrient reduction credits to affordable housing projects; and,
WHEREAS, the County Planning Director needs this firm commitment from the
Board of County Commissioners related to ROGO allocations to sign appropriate forms
and certifications required by Tradewinds Hammocks II, Ltd., to file its application for
StatelFederal tax credit funding; and,
WHEREAS, Tradewinds Hammocks II, Ltd., is required to have its application
and necessary certification forms completed by no later than June 26, 2002; and,
WHEREAS, the Growth Management Division has identified that 52 ROGO
affordable housing allocations are available from the pool of 201 affordable ROGO
allocations granted to the County under a Florida Statutes Chapter 380 Agreement
between the County and Department of Community Affairs (DCA) dated December 27,
1999; and,
WHEREAS, Tradewinds Hammocks-Phase II is the only viable affordable
housing project in the Upper Keys that currently needs these allocations and nutrient
reduction credits; and,
WHEREAS, the discretionary authority of the Board of County Commissioners
to give preference and priority to the allocation of nutrient reduction credits is
constrained by the Monroe County Year 2010 Comprehensive Plan and a five-party
interagency memorandum of understanding governing the coordinated permit review
process for wastewater disposal permits; and,
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WHEREAS, the Growth Management Division recommends approval of the
request by Tradewinds Hammocks II, Ltd., for the assignment of 52 ROGO affordable
housing allocations to the Tradewinds Hammocks-Phase II project; and,
WHEREAS, the Growth Management Division further recommends approval of
a policy giving affordable housing projects preference and priority in the allocation of
future nutrient reduction credits consistent with the Monroe County Year 20 IO
Comprehensive Plan and the five-party interagency memorandum of understanding
governing the coordinated permit review process for wastewater disposal permits; NOW
THEREFORE,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, that:
Section I. The Tradewinds Hammocks-Phase II development is assigned 52
ROGO affordable housing allocations from the pool of 201 allocations authorized under
the Florida Statutes Chapter 380 agreement between the County and DCA dated
December 27, 1999; and,
Section 2. This authorization assigning 52 ROGO affordable housing allocations
for the Tradewinds Hammocks-Phase II project shall expire if either of the following
conditions occur:
a) The Tradewinds Hammocks-Phase II development does not receive approval
from the Planning Commission for the proposed amendment to its conditional
use that authorizes development of the project; or
b) The Florida Housing Finance Corporation (FHFC) declines to approve the
construction financing for the project in its 2002 funding cycle.
Section 3. Monroe County shall give preference and priority to the allocation
of nutrient reduction credits to affordable housing projects consistent with the Monroe
County Year 2010 Comprehensive Plan and the five-party interagency memorandum of
understanding governing the coordinated permit review process for wastewater disposal
permits.
[THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK.]
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting of said Board held on 19th day of June, 2002.
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\: ,',,\:'~I'I.; ':, JfANNY L. KOLHAGE, Clerk
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Mayor Charles "Sonny" McCoy
Mayor Pro Tern Dixie Spehar
Commissioner Murray Nelson
Commissioner George Neugent
Commissioner Humberto "Bert"
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Jimenez
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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By:
Mayor/Chairperson
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