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Item B10 Add-on BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: AUl!ust 16.2001 Bulk Item: Yes X No Division: Department: Growth Mana~ement Planning AGENDA ITEM WORDING: Approval for one Affordable Housing Deed Restriction from Tradewinds Hammocks, Ltd., a Florida limited partnership for forty dwelling unit allocation awards for the year ending July 13, 2000. ITEM BACKGROUND: The Planning Commission approved forty allocation awards for Tradewinds Hammocks, Ltd., a Florida limited partnership submitted the Restrictive Covenant to Monroe County. PREVIOUS RELEVANT BOARD ACTION: On November 11, 1999, the BOCC adopted Ordinance No. 047- 1999. CONTRACT/AGREEMENT CHANGES: N/A. STAFF RECOMMENDATION: Approval. TOTAL COST: x BUDGETED: Yes N/ A No COST TO COUNTY: N/A REVENUE PRODUCING: Yes N/ A No AMOUNT PER MONTH N/ A Year APPROVED BY: County Atty l isk Management N/ A DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included X To Follow_ Not Required_ DISPOSITION: AGENDAITEM~- 8/Q 'C TO:: FROM: DATE: RE: Add-on MEMORANDUM Danny Kolhage, Clerk of the Court Timothy J. McGarry, Growth Management Direc6111 August 16, 2001 Clarification of Agenda Item Permit Number 01-3-1699 and 01-3- 1700 Affordable Housing Name on A2enda Item Tradewinds Hammocks, Ltd., a Florida limited partnership Name on Restrictive Covenant Legal Description Tradewinds Hammocks, Ltd., a Florida limited partnership All Tract E, Tradewinds, Key Largo, RE: #00454611.000500 This Instrument Prepared By: Curtis D. Hamlin, Esq. Han'ee. Porges. Ham..... Knowles, Bald & Prouty, P.A. P.O. Box 9320 Bradenton, FL 34206 MONROE COUNTY PU~NING DEPARTMENT AFFORDABLE HOUSING DEED RESTRICTION STA TE OF FLORIDA COUNTY OF MONROE Notice is hereby given that: I. Tradewinds Hammocks, Ltd., a Florida limited partnership, the undersigned "Owne"', is the sole owner of certain real property, situated, lying and being in Monroe County, State of Florida, described as follows: See exhibit "A" attached. R9al Estate Number(s): 00454611.000500. n. Monroe County, Florida Minor CorldltJonal Use Development Order #01-00 approved a 122-unlt affordable housing project with conditions. The Affordable Housing project Is divided into two phases. This Affordable Housing Deed Restriction addresses Phase I only, as more specifically described in Exhibit A. III. Phase I consists of forty (40) affordable housing ROGO units and twenty- Six (26) FEMA replacement units. Phase I has a total of sixty-six (66) units and each unit shall be subjec::t to the restrictions set forth herein. IV. Building Permit Numbers for Phase 1. Building Permit 01-3-1699 is for forty-two (42) residential units In bUilding one; and building permit 01-3- 1700 is for twenty-four (24) residential units. V. Under the affordable hOUSing pmvisions set forth in Chapter 9.5 of the Monroe County Land DeveJopme'lt Regulations, the owner or owners of Affordable Housing Deed Restriction Ttadewinds Hammocks L TO Phase. ;Jage 1 of 3 / -; I/C IrtitiaIL // i the above-described real propert)' have been exempted from payment of "Fair Share Impact Fees" for sixty-six (66) multi-family units to be constructed on said real property. VI. The annual adjusted gross income for the owner-occupied or tenant- occupied household shall not exceed eighty (80) percent of the medIan adjusted gross annual income within Monroe County for fifty-three (53) residential units of the total 66 unrt$ in Phase l. VII. The annual adjusted gross income for the owner-occupied or tenant- occupied household shall not e>:ceed fifty (50) percent of the median adjusted gross annual income within Monroe County for thirteen (13) residential unitS of the total 66 units In Phase I. VIII. The rent calculation for each unit size (1, 2 or 3-bedroom) shall be determined utilizing Housing and Urban Development (HUD) published income restrictions. Such gross rent shall not exceed 30 percent of the imputed income limits applicable to such unit minus tenant paid utilities divided by 12. IX. Under Monroe County Code SE.action 9.5-286, the affordable housing dwelling unit Is restricted to a mcoomum of one thousand three hundred (1.300) square of feet habitable space for a period of at least twenty (20) years. X. The applicant(s) have used the affordable housing program In the permit allocation system pursuant to Morroe County Section 9.5-122.3(6). XI. The appllcant(s) have J.Jsed the affordable housing program to gain maximum net density afforded under Section 9.5-266 of the Monroe County Code. XII. The covenant(s) shall be effedive for twenty (20) years, but shall not commence running until a Certlfic:ate of Occupancy has been issued by the building official for the dwe ling unites) to which the covenant or covenants apply. This deed res':rietion shall remain in effed for twenty (20) years regardless of .the ownl!r(s) or occupant(s) ability to comply or re-quallfy on an annual basis or a:3 otherwise may be reqUired. XIII. All of the restrictions herein st all be binding upon any transferees, lessees, heirs. assigns or success.ors In the chain of title. AffOrdable HouSing Deed RestrictiOn Tradewlnds Hammocks L TO Phase I ;~age 2 of 3 Initial .J' , - )~ 'e XlV. Further, the applicants, leuees, heirs. and/or successors are also, subject to the restrictIons placed on the B)()Ve described premises by the Monroe County Comprehllnsive Plan Land Authority. Owner certifies that It 18 familiar With the information herein contained and thet it Is true and corTeCt to the best of Its knowledge end belief: and owner will abide by the above stated restrictions pursuant t:l Monroe County Code Chapter 9.5 as established and amended from time to tilne. IN WITNESS WHEREOF, Tradewlnds Hanmocks, Ltd. has hereunto set its authorfzed hand this day July, 200-1. Witt~ (Pri,J'..--) ,. 1. ~ ~ (Prim~) n... _L_ ~l't.."el.tCLr"\ "OWNER- TRADEWINDS HAMMOCKS. l TO. a FlorIda limited partnership By: Heritage Partners Group XIX. Inc., a Florida corporation,,. its OperatiI;Jg General Partner / ;' ..1 ,/,//J .. /~ STATE OF FLORIDA COUNTY OF MONROE The foregoing Instrument was acknowledged before me this U~day of 7n ~ . 2001, by Jacquelln~ McPhllUps, as President of Heritage Partners roup XIX. Inc.. a Florida corporation, as Operating General Partner of Tradewlnds Hammocks, Ltd.. a Florida limited partnership, on behalf of the COf1]oration and the partnershIp. Is onalt n to me or has produced s dentlflcatton. l. ~'~ PETER. L ROSASCO .." .: MY ClONNJISION. cc: II2!IIiO ...~"...4' EXPJIl2S: Ja-v 3, DM 'O-.a.HDTAIW F1L~_._rvCo. ~ AfforUable Housing Deed Restriction Tr:adewinc18 Hammocks L Tn . Phase I EXHIBIT" A" All of Tract "E", TRADE WINDS, according to the Plat thereof as recorded in Plat Book 7, at Page 42, of the Public Records of Monroe County, Florida. . II. PREVIOUS RELEVANT PLANNING COMMISSION ACTION: 9n May 23, 20001 by'Resolutibn P36-01, the Planning Commission recommended conditional approva:lto the BoahtofCounty Commissioners of the request by the Marine Resources De~elopment'Foimdation, Inc.' for an exemption to the non-residential permit allocation systempti'rSuant ;to Momoe 'Cotinty Year 2010 Comprehensive Plan Policy 101.3.4' for additional educational facilities consisting of laboratory and classroom space III. ANALYSIS: The Marine Resources Development Foundation conducts a variety of marine educational projects for people of all ages. The new square footage will allow the foundation to redistribute and add to their existing uses in order to meet their needs. Staff feels that this project will not affect the hurricane evacuation objectives of Monroe County. The Planning Director has determined that any new dormitory rooms would be considered transient-residential units and therefore not permitted pursuant to Policy 101.2.6 of the Year 2010 Monroe County Comprehensive Plan. In addition, the majority of students that attend the existing programs at the foundation are transported by van or bus and are evacuated with all non-residents in the event of a hurricane. Objective 101.1 of the Year 2010 Comprehensive Plan states that, "Monroe County shall ensure that at the time a development permit is issued, adequate public facilities are available to serve the development at the adopted level of service standards concurrent with the impacts of such development." Any future development on the site will be required to meet Objective 101.1 prior to the issuance of any development order or building permit. Initial review of the proposed development has begun. In October of 2000, the initial campus plan staff reviewed stated that the upland area of the parcel was 100,495 square feet. The staff review at that time resulted in calculations for land area that were less than number on the initial campus plan. In addition, the boundary and topographic survey provided to staff was from 1985 and did not contain information as to the square footage of upland area on the site. Staff suggested to the applicant that a new survey be done with a clear upl~d area indicated so the discrepancies regarding the actual square footage on the site could be resolved. The new survey staff received last month indicated that the actual upland area was 70,176 square feet. After again reviewing the existing and proposed uses and revising initial Floor Area Ratio (FAR) calculations for the site, it has been determined that the site is currently over the allowed density. If the applicant wishes to add additional floor area by virtue of an exemption from the non-residential moratorium, it will be necessary to utilize the Transfer of Development Rights (TDR) process in order to increase the allowable number of institutional-residential rooms the applicant is allowed per acre. Any TDR will be required to go through the minor conditional use process. Compliance with all other pertinent standards of the Monroe County Comprehensive Plan has not been determined at this time. Page 2 of3 Marine Resources Development Foundation, Inc. BOCC Exemption Staff Report The Marine Resources Development Foundation, Inc. has submitted documentation from the Internal Revenue Service (IRS) District Director dated November 17, 1997 stating that the organization is exempt from Federal Income Tax under Section 501(a) of the IRS code as an organization described in Section 501(c)(3). IV. CONCLUSION AND RECOMMENDATION: Based on the fact that the proposed additional educational facilities consisting of laboratory and classroom spae will not have any impact on hurricane evacuation objectives, staff recommends to the County Commissioners that an exemption be granted from the nonresidential permit allocation system for the Marine Resources Development Foundation, Inc. with the following condition: 1. Prior to the issuance of a development order, the applicant shall demonstrate through the Transfer of Development Rights that the property is no longer over the allowed density for the site. Page 3 of3 Marine Resources Development Foundation, Inc. BOCC Exemption Staff Report .' ';' ~ . ", I ~ \ -~ PLANNING COMMISSION RESOLUTION RESOLUTION #P36-0l A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION RECOMMENDING APPROVAL OF AN EXEMPTION FROM THE NON-RESIDENTIAL PERMIT ALLOCATION SYSTEM PURSUANT TO POLICY 101.3.4 OF THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN FOR THE MARINE RESOURCES DEVELOPMENT FOUNDATION, INe. FOR ADDITIONAL EDUCATIONAL FACILITIES CONSISTING OF LABORATORY AND CLASSROOM SPACE. THE PROPERTY IS LOCATED OFF TRANSYLVANIA AVENUE AT APPROXIMATELY MILE MARKER 103 AND IS DESCRIBED AS LOTS 12, 13 , 14, AND 15, BLOCK 6; PART OF LOT 3 AND LOTS 4, 5, 6, 7, AND 8, BLOCK 8; AND PART OF SHORELAND DRIVE, AND ADJACENT SUBMERGED LANDS, ANGLERS PARK SUBDIVISION, KEY LARGO, MONROE COUNTY, FLORIDA. THE LAND USE DESIGNATION IS SUBURBAN. COMMERCIAL AND THE REAL ESTATE NUMBER IS 00469430.000000. WHEREAS, during a regular meeting held May 23, 2001, the Monroe County Planning Commission conducted a public hearing on the request of the Marine Resources Development Foundation, Inc. for an exemption to the non-residential permit allocation system for additional educational facilities consisting of laboratory and classroom space; and WHEREAS, the proposed development is located on property legally described as Lots 12, 13, 14, and 15, Block 6; Part of Lot 3 and Lots 4, 5, 6, 7, and 8, Block 8; and Part of Shoreland Drive, and adjacent submerged lands, Anglers Park Subdivision, Key Largo, Monroe County, Florida; and WHEREAS, the above-described property IS located In the Suburban Commercial (SC) land use district; and RE# 00469430.000000 Page 1 of 3 G:\Planning\Planning Commission Coordinator\ Working Folder\Chambers-Judy\txtagDR \P36-0 I.doc ~ WHEREAS, the Planning Commission was presented with the following evidence, which by reference is hereby incorporated as a pari of the record of said hearing: 1. The request from the Marine Resources Development Foundation, Inc.; and 2. The staff report from Martin Schultz, Senior Planner, dated May 14, 2001; and 3. The sworn testimony of Monroe County Planning staff; and WHEREAS, the Planning Commission has made the following Findings of Fact and Conclusions of Law based on the sworn testimony of the Monroe County Planning Department staff: and the record: 1. The Marine Resources Development Foundation, Inc. is a federally tax-exempt non-profit organization; and 2. An exemption to the non-residential permit allocation system pursuant Monroe County Year 2010 Comprehensive Plan Policy 101.3.4 is required to construct additional educational facilities consisting of laboratory and classroom space; and 3. This meeting facility is considered an institutional use on property considered a marina and requires Major Conditional Use approval in the Suburban Commercial (SC) land use district; and 4. The proposed additional floor space will not have any impact on hurricane evacuation time as no new additional dormitory rooms are permitted; and 5. The institutional use must comply with County level of service standards and all applicable land development regulations and the Monroe County 2010 Comprehensive Plan prior to development approval; and 6. The site is currently over the allowed density according to the land development regulations; and 7. The applicant must demonstrate through the Transfer of Development Rights process that any new floor area in the future will not exceed the allowable density for the site; and 8. The Transfer of Development Rights process requires Minor Conditional Use approval for the sender site and receiver site; RE# 00469430.000000 Page 2 of 3 G:\Planning\Planning Conunission Coordinator\ Working Folder\Chambers-Judy\txtagDR \P36-0 I .doc v NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE COUNTY, FLORIDA, that the preceding Findings of Fact and Conclusions of Law, support their decision to recommend APPROV AL to the Board of County Commissioners of the request filed by the Marine Resources Development Foundation, Inc. for an exemption to the non-residential permit allocation system pursuant to Policy 101.3.4 of the Monroe County Year 2010 Comprehensive Plan with the following condition: 1. Prior to the issuance of a development order, the applicant shall demonstrate through the Transfer of Development Rights process that the property is no longer over the allowed density for the site. PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida, at a regular meeting held on the 23th day of May, 2001. Chair Mapes yes Commissioner Werling yes Commissioner Coleman yes Commissioner Hill yes Commissioner Ritz yes Signed this ~ day of BY PLANNING COMMISSION OF ~NROE COUNTY, FLORIDA ~ Lynn M ,2001. APPROVED AS TO FORM AND LEGAL S)tJYFI~,lEN~ ~1j/1J1/L-- BY I" "'. t Attorney's Office RE# 00469430.000000 Page 3 of 3 G:\Planning\Planning Commission Coordinator\W orking Folder\Chambers-Judy\txtagDR\P36-0 l.doc