Item I6County of Monroe
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BOARD OF COUNTY COMMISSIONERS
Mayor George Neugent, District 2
The Florida. Key
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Mayor Pro Tem David Rice, District 4
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Danny L. Kolhage, District I
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
April 12, 2017
Agenda Item Number: I.6
Agenda Item Summary #2794
BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Mayte Santamaria (305) 289 -2500
n/a
AGENDA ITEM WORDING: Approval of a resolution of the Board of County Commissioners of
Monroe County, Florida, authorizing staff to develop and issue a release form for expired affordable
housing deed restrictions, if the deed restrictions are no longer effective due to the conclusion of
maximum time within the covenant.
ITEM BACKGROUND:
Staff within the Planning & Environmental Resources Department have been receiving requests
from property owners regarding what is needed to release affordable housing deed restrictions with
an effective period of 20 years.
Numerous affordable housing deed restrictions were recorded in the 1990's with a 20 -year effective
period. According to the County's inventory of affordable housing units, 47 units will have a deed
restriction by the end of 2017 (see attached table) that is no longer effective. By the end of 2018
there will be 17 additional units and, in 2019, there will be another 8 units.
Several property owners of units with deed restrictions that are no longer effective have requesting a
specific release to the restriction.
The(
feed restrictions are silent on the expiration and release
That the covenants shail be effective for Wonty (20) yearo but
shall not caffnence running until a certificate of 00aaPancY haO
been lamed by the building offici4l for the dwelling Unit tO
Wbich the c ovonan t or • app
Based on review of the existing language, legal staff has stated that the deed restrictions are no
longer effective and that it is automatic release; however, some property owners are requesting a
release form to avoid title insurance issues with their real estate transactions.
Staff is requesting the authority to develop a release form and provide them for recording, if needed
by property owners, after review and confirmation by staff that the restriction is no longer effective
due to the conclusion of time within the covenant.
As an alternative to developing a template release form, each request can be processed as a BOCC
agenda item for BOCC review and consideration.
Previous requests for deed restriction releases were presented to the BOCC for approval. Examples
are provided below.
8/21/2013:
GROW'[,'H,NIAN E M LNJ'— BUL A. PPROVALS
Item 14 Christine "Urley, Growfli Management Director addressed the Board concerrinIQ
the approval of the release of the Affordable I lousi ng r estriction estriction rccorded in the Monroe
County Public Records Document fl1467181, Book !�'2040, Pagc!x706 on Septeiriber 15, 2,004 by
Victoria Aleksandrowicz. "I'lie following individual addressed the Board. Nick Multey. rifler
discussion, a motion was made by Commissioner k1urphy and seconded by Connnissioner rice to
approve the item. Nlotion carried unanimously.
10/18/2006:
DIVISION OF GROWTH MANAGEMENT
Ty Symroski, Growth Management Director addressed the Board After
discussion motion was made by Commissioner Spehar and seconded by Commissioner
DiGennaro ganti ng approval and authori ting executi on of a Release of the A ffordable
Housing Deed Restriction between Monroe County and Elaine New for property
described as Lot 46, Block 7, Ind Mound Estates, Sugarloaf Key, real estate number
00170220,00 0. Motion carried unanimously-
2/17/2000:
Board granted approval for the removal of an Affordable Housing Deed Restriction
recorded in the Monroe County Public Records on June 9, 1998. The applicants, Patricia A.
Ward & Curtis Srnart, permit number 99-03-0705, described as Lot 15, Block 3, Cross Key
Waterway Estates Section 1, Key Largo, recorded the Deed Restriction prior to receiving an
allocation award, The applicants would have received one dwelling unit allocation for the year
ending July 13, 2000.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Resolution authorizing staff to develop and issue a release form
County AFF Housing Developments deed restriction end date
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing:
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount:
REVIEWED BY:
Mayte Santamaria
Completed
Assistant County Administrator Christine
Hurley
03/27/2017 3:55 PM
Steve Williams
Completed
Jaclyn Carnago
Completed
Budget and Finance
Skipped
Maria Slavik
Skipped
Kathy Peters
Completed
Board of County Commissioners
Pending
03/26/2017 2:30 PM
Completed
03/27/2017 4:03 PM
03/27/2017 4:21 PM
03/26/2017 2:21 PM
03/26/2017 2:21 PM
03/27/2017 5:02 PM
04/12/2017 9:00 AM
! ! r • ! ! -! ! . ! ! ! ! ! ! IRMO
RESOLUTION NO. -2017
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AUTHORIZING STAFF TO DEEVLOP AND ISSUE A
RELEASE FORM FOR AFFORDABLE HOUSING DEED
RESTRICTIONS, IF NEEDED BY PROPERTY OWNERS,
IF THE DEED RESTRICTIONS ARE NO LONGER
EFFECTIVE DUE TO THE CONCLUSION OF TIME
WITHIN THE COVENANT.
WHEREAS, the State of Florida and Monroe County recognize the need for affordable
housing throughout the state and particularly in the Florida Keys; and
WHEREAS, the Monroe County Board of County Commissioners recognizes that the
challenge of preserving affordable housing in the Florida Keys and have required restrictive
covenants to protect affordable housing for a specified timeframe; and
WHEREAS, the timeframe of the restrictive covenants for affordable housing have
changed overtime from 20 -years to 30 -years to 50 -years to 99- years; and
WHEREAS, the 20 -year restrictive covenants for affordable housing are ending and
property owners are requesting a release; and
WHEREAS, the Planning & Environmental Resources Department is able to review and
confirm the conclusion of the deed restriction; and
WHEREAS, the Monroe County wishes to provide the citizens of Monroe County with
the best possible service in the most cost effective and reasonable manner by providing a release
form after the conclusion of the deed restriction; and
WHEREAS, the Monroe County Board of County Commissioners finds that it would be
a reasonable use of staff time and resources in addressing these requests with a template release
form to be recorded in the public records; and
NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS:
Section 1 . The foregoing recitals are true and correct and are hereby incorporated as
if fully stated herein.
Section 2 . Monroe County Senior Director of Planning & Environmental Resources
Department, in coordination with the County Attorney's office, is
authorized to develop and issue a release form, if needed by property
! ! r • ! ! -! ! ! ! ! ! ! ! IRMO
owners, for affordable housing deed restrictions that are no longer
effective due to the conclusion of time within the covenant.
Section 3. This Resolution shall become effective immediately upon its adoption by
the Monroe County Board of County Commissioners.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting of the Board held on the 12' day of April, 2017.
Mayor George Neugent
Mayor Pro Tem David Rice
Commissioner Danny L. Kolhage
Commissioner Sylvia J. Murphy
Commissioner Heather Carruthers
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
(SEAL) Mayor George Neugent
ATTEST: KEVIN MADDOK, CLERK
By
Deputy Clerk
MO OE COUNTY A RNEY
AST RM:
ST EN T. V11LL AMS
ASSISTANC LINTY TTORNEY
Date _ I -
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