Resolution 329-2012 RESOLUTION NO, 329-2012
A RESOLUTION BY THE MONROE COUNTY BOARD OF r
COUNTY COMMISSIONERS RESERVING FORTY-EIGHT (48)
AFFORDABLE HOUSING DWELLING UNIT ALLOCATIONS.'": r a r7-1
FOR BANYAN GROVE DEVELOPMENT CORPORATION -71
USE ON PROPERTY LOCATED AT MILE MARKER 5, STOCK P sty `°
ISLAND, RE# 00124140.000000; SETTING TERMS AND- ,
CONDITIONS ;r w c
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WHEREAS, Banyan Grove Development Corporation (Corporation) entered into a Development
Agreement (Agreement) with Monroe County (County) to construct forty-eight (48) units of
Affordable Housing (Project); and
WHEREAS, Corporation and County are using the provisions of Monroe County Code (MCC)
Section 130-161.1 which allows the transfer of market rate units from mobile home parks after
construction of affordable units on the mobile home park property using affordable housing
ROGO allocation's from Monroe County(County); and
WHEREAS, the property being developed is a former mobile home park located at Mile Marker
5 on US 1, Stock Island, legally described on Exhibit.A; and
WHEREAS, Banyan Grove Residences Ltd., an affiliate of the Corporation, has applied for and
intends to use low income housing tax credit (LIHTC) financing and other state and federal
assistance to finance and construct the Project and, qualifies for the reservation of forty-eight
(48) affordable housing ROGO allocations as provided in MCC Sec. 138-24 (b)(2); and
WHEREAS, Section III.G.9 of the Agreement provides that the ROGO allocations for the Project
will be reserved by resolution of the Board of County Commissioners (Board) as provided in
MCC Sec. 138-24 and also provides for the initial terms and conditions of the reservation
resolution; and
WHEREAS, Monroe County Code Sec. 138-24(b) allows reservation of affordable ROGO
allocations by the Board with building permits being picked up within six months of the
reservation unless otherwise authorized by the Board; and
WHEREAS, Monroe County Code Section 138-24(b)(2) authorizes reservations for affordable
housing ROGO allocations as follows for:
"(2) Specific affordable or employee housing projects participating in a
federal/state housing financial assistance or tax credit program or receiving some
form of direct financial assistance from the county upon written request from the
project sponsor and approved by resolution of the board of county
commissioners." and
Oct 17,2012
H.
WHEREAS, the reservation of affordable housing allocations for the anticipated:Project does
not exempt the project from applicable requirements in the Monroe County Land Development
Code, Building Code, and other regulatory requirements; and
WHEREAS, the reservation of these allocations for a period of greater than six months is
necessary to correspond to the financing requirements for the federal/state financial assistance
program utilized by the Corporation; and
WHEREAS, the original reservation of affordable allocations made on January 19, 2011 by ,
resolution expired, and the Agreement allows for extensions of such resolution at the discretion
of the Board; and
WHEREAS, the Corporation could not meet the timelines set forth in the prior resolution
because the LIHTC financing award was significantly delayed; and
WHEREAS, it is in the public interest of the County to encourage affordable housing
development and to extend the time periods set forth in the initial resolution;
NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS:
Section 1. Forty-eight (48) affordable housing ROGO allocations are reserved for the use of
Banyan Grove Development Corporation and its successors in interest under the Development
Agreement until December 31, 2013, for award pursuant to the Development Agreement
approved on January 19, 2011, between Banyan Grove Development Corporation and Monroe
County.
Section 2. All building permits associated with the above allocations shall be picked up by
December 31, 2013.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting held on the 17th of October, 2012.
.' -r•ri'‘<c-,- Mayor David Rice Yes
.4,��.=,.�' c�-y �-__ 'N Mayor Pro Tem Kim Wigington Yes
1 �ti. Commissioner Heather Carruthers Yes
ie s' ;,,. j:II Commissioner George Neugent Yes
7 Commissioner Sylvia Murphy Yes
9 y
ATTESTS DA.NNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS
�� ) OF MONR TY, IDA
„aduLk. a'
DEPUTY CLERK Mayor David Rice -
MONR COUNTY ATTORNEY
APPR VED AS TO FO M
Oct 17,2012
Date: i d A-?o/2,
Lots 5 thru 16, and a portion of Lots 4 and 17, Square 29, as shown on the plat of"STOCK
ISLAND MALONEY SUBDIVISION" as recorded in Plat Book 1 at Page 55, of the Public
Records of Monroe County Florida and being more particularly described by metes and bounds
as follows:
COMMENCE at the Southwest corner of the said Square 29; thence N 89 degrees 57'56" E
along the Northerly Right-of-way line of MacDonald Avenue for 196.00 feet to the Point of
Beginning: thence N 00 degrees 02' 04"W for a distance of 80.00 feet; thence S 89 degrees 57'
56" W for a distance a distance of 30.00 feet; thence N 00 degrees 02' 04" W for a distance of
166.55 feet to a point of a curve concave to the Southeast and the Southerly Right-of-way line of
U.S. Highway No. 1 thence in a Northeasterly direction along the said Southerly Right-of- line
of U.A. Highway No. 1 and the said curve having for its elements a radius of 2764.93 feet, a
central angle of 01 degrees 14' 05" a cord bearing of N 72 degrees 31' 23" E with a cord length
of 11.33 feet for an arc distance of 11.33 feet to the Southerly line of Laurel Avenue thence N 89
degrees 57' 56"E along the said Northerly Right-of-way line of Laurel Avenue for distance of
323.21 feet to the Northeast corner of said Block 29; thence S 00 degrees 02' 04" E along the
Easterly line of said Block 29 for a distance of 250.00 feet; to the said Northerly Right-of-way
line of MacDonald Avenue; thence S 89 degrees 57' 56" W along the said Northerly Right-of-
Way line of MacDonald Avenue for 329.00 feet to the Point of Beginning.
Containing 81,081.38 square feet, or 1.86 acres, more or less.
PARCEL B: A parcel of land on Stock Island, Monroe County, Florida and being Block 26 and
a portion of Laurel Avenue, both as shown on the plat of "STOCK ISLAND MALONEY
SUBDIVISION" as recorded in Plat Book 1, at Page 55, of the Public Records of Public Records
of Monroe County, Florida, and being more particularly described by metes and bounds as
follows:
BEGIN at the intersection of the West Right of Way line of 4th Street with the South Right-of-
way line of Laurel Avenue; thence S 89 degrees 57' 56" W along the Southerly Right-of-way
Line of Laurel Avenue for 323.21 feet to a point on a curve, concave to the Southeast and also
the Southerly Right-of-way line of U.S. Highway No. 1; thence in a Northeasterly direction
along the Northerly Right-of-way Line of Laurel Avenue and the Northerly Line of Block 26,
and also being the Southerly Right-of-way Line of U.S. Highway No. 1, and along the said
curve, having for its elements a radius of 2764.93 feet, a central angle of 06 degrees 54' 42" a
cord being of N 75 degrees 48' 14"E for a distance of 333.34 feet for a arc distance of 333.54 to
the Easterly line of said Block 26; thence S 00 degrees 02' 04" E along the said Westerly Right-
of-way line of Fourth Street for a distance of 81.56 feet to the Point of Beginning.
Containing 12,792.19 square feet or 0.29 acres,more or less.
LEGAL DESCRIPTION: Parcel 1
The Westerly Y2 of Fourth Street, Stock Island, Monroe County, Florida, lying between the North
Right of Way Line of MacDonald Avenue and the South Right of Way Line of U.S. Highway
No. 1 and being more particularly described as follows:
Beginning at the Southeast corner of Lot 11, Block 29, "STOCK ISLAND MALONEY
SUBDIVION" as recorded in Plat Book 1, at Page 55, as recorded in the Public Records of
Monroe County, Florida, thence N 00 degrees 02'04"W along the Easterly property lines of Lots
•
EXHIBIT A
Banyan Grove
Legal Description .
Page 1 of 2
w
11 and 10, Block 29 and the Easterly line of that parcel on East Laurel Avenue abandoned by
Monroe County Resolution 294-1989 and the Easterly property line of Block 26 to a point on a
curve concave to the Southeast and the Southerly Right of Way Line of U.S. Highway 1; thence
in a Northeasterly direction along the said Southerly Right-of-Way line of U.S. Highway No. 1
and along the said curve, having for its elements a radius of 2764.93 feet, a central angle of 0
degrees 31'36", a cord bearing of N 79 degrees 31'23" E with a distance of 25.42 feet for an arc
distance of 25.42 feet to a point lying 25 feet Easterly of and parallel with the Easterly line of
said Block 29: thence S 00 degrees 02'04" E a distance of 336.16 feet along the centerline of
Fourth Street to a point lying on the Northerly Right-of-Way line of MacDonald Avenue; thence
N 89 degrees 57'56" W along the said North Right-of-Way line of MacDonald Avenue for a
distance of 25.00 to the Point of Beginning.
Containing 8,346.48 square feet,more or less.
LEGAL DESCRIPTION: Parcel C:
A portion of Lot 17, Square 29, as shown on the plat of "STOCK ISLAND MALONEY
SUBDIVISION" as recorded in Plat Book 1, at Page 55, of the Public Records of Monroe
County, Florida and being more particularly described by metes and bounds as follows:
COMMENCE at the Southwest corner of the said Square 29; thence N. 89 degrees 57'56" E
along the Northerly Right-of-Way line of MacDonald Avenue for 196.00 feet to the Point of
Beginning: thence N 00 degrees 02' 04" W for a distance of 80.00 feet; thence S 89 degrees
57'56" W for a distance of 30.00 feet; thence S 00 degrees 02'04" E for a distance of 80.00 feet
to the said Northerly Right-of-Way Line of MacDonald Avenue; thence N 89 degrees 57'56" E
along the said Northerly Right-of-Way line of MacDonald Avenue for 30.00 feet to the Point of
Beginning.
Containing 2,400 square feet more or less.
EXHIBIT A
Banyan Grove
Legal Description _
Page 28f2