08/17/2016 AgreementKEVIN MADOK, CPA
MONROE COUNTY CLERK OF THE CIRCUIT COURT & COMPTROLLER
DATE: April 24, 2017
TO: Elaine Ferda
Executive Administrator
FROM: Pamela G. Hanco C.
SUBJECT: Affordable Housing Mitigation, VOI
Enclosed is a duplicate original of die Affordable Housing Mitigation Agreement between
Monroe County and Islamorada, Village of Islands (VOI), for your handling. Also enclosed is a
copy of a letter from Chris Ambrosio, Assistant County Attorney, and Resolution No. 17-01-03
adopted by the VOL
Should you have any questions, please feel free to contact me at ext. 3130. Thank you.
cc: County Attorney
Finance
File
County of Monroe
The Florida Keys 0
Robert B. Shillinger, County Attorney**
Pedro J. Mercado, Assistant County Attorney **
Cynthia L. Hall, Assistant County Attorney **
Christine Limbert-Barrows, Assistant County Attorney **
Derek V. Howard, Assistant County Attorney**
Steven T. Williams, Assistant County Attorney**
Peter H. Morris, Assistant County Attorney
Patricia Eables, Assistant County Attorney
Chris Ambrosio, Assistant County Attorney
** Board Certified in City, County & Local Govt. Law
Memorandum
BOARD OF COUNTY COMMISSIONERS
Mayor George Neugent, District 2
Mayor Pro Tem David Rice, District 4
Danny L. Kolhage, District 1
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
Office of the County Attorney
1111 12th Street, Suite 408
Key West, FL 33040
(305) 292-3470 — Phone
(305) 292-3516 — Fax
Re: Affordable Housing Agreement with Islamorada for the PK Gov. Center project.
Date: April 11, 2017
To: Roman Gastesi, County Administrator
From: Chris Ambrosio, Assistant County Attorney
Roman,
Attached for your signature are four originals of the Affordable Housing Agreement between
Monroe County and Islamorada for the PK Gov. Center project.
Islamorada council passed and adopted Resolution No. 17-01-03 approving and authorizing
execution and delivery of this Agreement to the County. County legal also has stamp approved for
legal sufficiency Islamorada's executed Agreement.
As part of Islamorada's mitigation requirement on the PK Gov. Center project, Monroe
County BOCC was required to approve a Resolution supporting and authorizing execution of this
Agreement which reflects that Islamorada and County approves and authorizes the payment of
$438,508.33 in -lieu fee, as opposed to constructing six affordable housing units.
At the August 17, 2016, BOCC meeting, the BOCC approved and adopted our Resolution
(No. 178-2016) which approved the Agreement and authorized you, Kevin or Bob to execute it (AIS
# C.22 passed). The AIS and the Resolution explain that the BOCC approves the payment and the
adopted Resolution expressly authorizes you to execute it (along with any additional documents,
which are Ex. 1 - Site Plan and Ex. 2 - Affordable Housing Mitigation Plan.)
If you have any questions, please do not hesitate to contact me ph. # 305-393-9996.
.Sincere y,
Chris brosio
r-fib. t �—
i
APR 13 2017
1
i
BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor George Neugent, District 2
Mayor Pro Tern David Rice, District 4
The Florida Keys Sylvia J. Murphy, District 5
Danny L. Kolhage, District 1
Heather Carruthers, District 3
MEMORANDUM
PUBLIC WORKS & ENGINEERING
DATE: February 14, 2017
TO: Pamela Hancock,
Deputy Clerk F�
FROM. Elaine Ferda,
Executive Administrator
SUBJECT: Affordable Housing Mitigation Agreement, Islamorada, Village of Islands
Agenda Item C-22 - August 17, 2016 BOCC Meeting
Enclosed for execution are four (4) originals of the Affordable Housing Mitigation
Agreement between Monroe County BOCC and Islamorada, Village of Islands, approved at the
August 17, 2016 meeting.
Should you have any questions, please feel free to contact me at 4529. Thank you.
enc
Enclosure (1)
/ Islamorada,
Tillage of c�s�slan
,yam l `T�.fTT ✓. ���':
February 2, 2017
Kevin Wilson
Assistant County Administrator
Monroe County Board of County Commissioners
1100 Simonton Street, Ste 205
Key West, FL 33040
RE: Affordable Housing Mitigation Agreement between Monroe County Board of County
Commissioners and Islamorada, Village of Islands
Dear Kevin:
Please find enclosed for signature, four (4) originals of the above referenced Agreement and a
certified copy of adopting Resolution 17-01-03.
Upon execution, please return one (1) original to my attention at the address shown below:
Islamorada, Village of Islands
Attn: Village Clerk
86800 Overseas Highway
Islamorada, FI. 33036
Please feel free to contact me by telephone at (305) 664-6412 or via email at
clerk(a)-islamorada.fl.us should you have any questions.
Sincerely,
Kelly Toth
Village Clerk
Enclosures (5)
86800 Overseas Highway, Third Floor, Islamorada, FL 33036
305-664-6400 FAX 305-664-6465 www.islamorada.fl.us
County of Monroe
The Florida Keys
Monroe County Board of County Commissioners
Office of the County Administrator
The Historic Gato Cigar Factory
1100 Simonton Street, Suite 205
Key West, FL 33040
(305) 292-4441 —Phone
(305) 2924544 - Fax
MEMORANDUM
To: Kevin Madok, Clerk of Courts
From: Roman Gastesi, County Administrato
Date: April 14, 2017
RE: Out of Office
IBQARD QF CQUNTY COMMISSIONERS
Mayor George Neugent, District 2
Mayor Pro Tem David Rice, District 4
Heather Carruthers, District 3
Danny L. Kolhage, District I
Sylvia J. Murphy. District 5
I will be out of the office beginning on Thursday, April 13, 2017 through, Friday, April 21, 2017.
During my absence, Sheryl Graham, Sr. Director of Social Services, shall have full authority to act on
my behalf.
Roman Gastesi
Cc: County Commissioners and Aides
County Attorney
Senior Management
Payroll
Finance
RESOLUTION NO. 17-01-03
A RESOLUTION OF THE VILLAGE COUNCIL OF
ISLAMORADA, VILLAGE OF ISLANDS, FLORIDA,
CONSIDERING AN AFFORDABLE HOUSING
AGREEMENT WITH THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS; AUTHORIZING THE
APPROPRIATE VILLAGE OFFICIALS TO EXECUTE THE
AFFORDABLE HOUSING AGREEMENT AND ANY
ADDITIONAL DOCUMENTS RELATING THERETO TO
THE AFFORDABLE HOUSING AGREEMENT AND TO
TAKE ALL ACTIONS NECESSARY TO IMPLEMENT THE
TERMS AND CONDITIONS OF THE AFFORDABLE
HOUSING AGREEMENT; AND PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, the Monroe County Board of County Commissioners (the "Developer")
proposes to construct a 35,697-square-foot courthouse and detention facility (the "Project"),
located at 88770 Overseas Highway, Plantation Key, Islamorada, Florida; and
WHEREAS, pursuant to Chapter 30 "Land Development Regulations," Article IV
"Administrative Procedures," Division 16 "Affordable Housing Standards," Section 30-
638(b)(7) "Affordable housing agreement" of the Village Code of Ordinances (the "Village
Code"), the Developer has agreed to implement the mitigation plan for the proposed Project; and
WHEREAS, the mitigation plan approved by the Director of Planning provides for the
payment of a $438,508.33 in -lieu fee; and
WHEREAS, the Village Council of Islamorada, Village of Islands (the "Village
Council") has recognized the need for affordable housing to ensure the availability of a stable
and qualified workforce, consistent with the requirements of the Village's Comprehensive Plan,
Village Code and Florida Statutes; and
WHEREAS, the Village Council desires to enter into this Affordable Housing
Agreement, a copy of which is attached hereto as Exhibit "A" (the "Agreement").
CERTIFIED COPY OF ORIGINAL
Page 1 of 3 KE y S. rN - VIIIAgE CtERk
f
NOW THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF
ISLAMORADA, VILLAGE OF ISLANDS, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The above Recitals are true and correct and are incorporated
herein by this reference.
Section 2. Approval of the Agreement. The Village Council hereby approves the
execution of the Agreement and any additional documents pertaining to the Agreement.
Section 3. Authorization. The appropriate Village officials including the Mayor,
Village Manager and Village Attorney are authorized to execute and deliver the Agreement and
any additional documents pertaining to the Agreement, and to take all action necessary to
implement the terms and conditions of the Agreement.
Section 4. Effective Date. This Resolution shall be effective immediately upon its
adoption.
The foregoing Resolution was offered by Vice Mayor Chris Sante, who moved for its
adoption on first reading. This motion was seconded by Councilman Mike Forster, and upon
being put to a vote, the vote was as follows:
FINAL VOTE AT ADOPTION
VILLAGE COUNCIL OF ISLAMORADA, VILLAGE OF ISLANDS
Mayor Jim Mooney
YES
Vice Mayor Chris Sante
YES
Councilman Mike Forster
YES
Councilwoman Deb Gillis
YES
Councilwoman Cheryl Meads
YES
PASSED AND ADOPTED THIS 26TH DA-- -
Page 2 of 3
ATTEST:
KELLY T , VILLAGE CLERK
APPROVED AS TO FORM AND LEGALITY
FOR THE USE AND BENEFIT OF ISLAMORADA,
VILLAGE OF ISLANDS ONLY:
A099;�,
ROGET V. WY , ., VILLAGE ATTORNEY
CERTIFIED COPY OF ORIGINAL
Page 3 of 3
KEt y S. 0T!1 , VIIIACE CLERIC
AFFORDABLE HOUSING MITIGATION AGREEMENT
This Affordable Housing Mitigation Agreement ("Agreement") is made and entered into
by and between the Monroe County Board of County Commissioners ("Developer") and the
Islamorada, Village of Islands ("the Village").
WHEREAS, the Monroe County Board of County Commissioners is the developer of a
35,697-square-foot courthouse and detention facility (the "Project"), located at 88770 Overseas
Highway, Plantation Key, Islamorada, Florida, more particularly described on Exhibit "1"
attached hereto; and
WHEREAS, by adoption of Ordinance 07-23, codified within Division 16 "Affordable
Housing Standards" of Article IV "Administrative Procedures" of the Village Code of
Ordinances (the "Village Code"), the Village Council of Islamorada, Village of Islands (the
"Village Council") recognized the need for affordable housing to ensure the availability of a
stable and qualified workforce, consistent with the requirements of the Village's Comprehensive
Plan and Florida Statutes; and
WHEREAS, to accomplish this goal and implement the Village Comprehensive Plan and
the "principles for guiding development," the affordable housing standards in Section 30-639 et
seq. of the Village Code were adopted by the Village Council; and
WHEREAS, the Project site plan indicates 25,871 square feet of new Governmental use
development and 3,525 square feet of new Institutional development; and
WHEREAS, pursuant to Section 30-638 of the Village Code, the affordable housing
needs generated by the Project have been determined to be 5.80 typical affordable housing units;
and
WHEREAS, Section 30-639 of the Village Code provides for alternative methods of
mitigation for affordable housing demand generated by commercial retail development; and
WHEREAS, Section 30-639(a)(1)a. of the Village Code provides that "affordable
residential dwelling units shall be constructed on the site of the employee -generating
development, or off -site, unless the director finds that the provision of affordable housing on -site
or off -site is impracticable"; and
WHEREAS, the Developer has submitted an affordable housing mitigation plan,
attached as Exhibit "2", in accordance with Section 30-638 of the Village Code, and has
demonstrated that it is not feasible for the affordable dwelling units to be provided on the Project
site; and
WHEREAS, in order to satisfy the affordable housing mitigation requirements of the
Village Code, the Developer has proposed to provide the Village with a payment -in -lieu fee of
$438,508.13, as more particularly described in the affordable housing mitigation plan attached
hereto as Exhibit "2".
WHEREAS, the Village has determined that the payment of a $438,508.13 in -lieu fee, as
more particularly described in the affordable housing mitigation plan attached as Exhibit "2",
will meet the affordable housing mitigation requirements of the Village Code.
NOW, THEREFORE, in consideration of the representations herein, the receipt and
sufficiency of which is hereby acknowledged, the parties agree as follows:
I. Incorporation of Recitals. The foregoing recitals are true and correct, and are hereby
incorporated by the parties as part of this Agreement as provided for herein.
2. Affordable Housing Mitigation Agreement
A. Affordable Housing Mitigation Calculation Based upon the affordable housing
calculation standards of Section 30-638 and Section 30-639 of the Village Code, the Village has
determined that the Developer is required to provide the Village with a payment -in -lieu fee of
$438,508.13, as more particularly described in the affordable housing mitigation plan attached as
Exhibit "2".
B. Compliance with Affordable Housing Mitigation Requirements The Developer
and the Village hereby acknowledge that the payment -in -lieu fee of $438,508.13, as particularly
described in Exhibit "2", satisfies the Project's affordable housing mitigation requirements
pursuant to Section 30-638(b)(3) of the Village Code.
3. Satisfaction of Affordable Housing Requirements The Village hereby
acknowledges and agrees that, upon the receipt of the payment -in -lieu fee of $438,508.13 in
Exhibit "2" as required herein, the Developer shall be deemed to have satisfied all requirements
under Division 16 "Affordable Housing Standards" of Article IV "Administrative Procedures" of
the Village Code.
4. Governing Law/Binding Effect This Agreement shall be interpreted and governed by
Florida Law. Each of the parties hereto warrants and represents that this Agreement is valid,
binding and enforceable against them in accordance with the terms and conditions of Florida
law.
5. Remedies. The parties hereto shall have all rights and remedies provided herein and
under Florida Law with respect to the enforcement of this Agreement, and hereby acknowledge
and agree that each party hereto shall have the right and remedy to bring an action or actions for
specific performance and such other equitable or injunctive relief, as appropriate and necessary,
to enforce this Agreement. The parties agree that the venue for any enforcement action shall be
the Circuit Court in Monroe County, Florida. The parties further acknowledge and agree that, in
the event the Developer fails to provide the Village with the required payment -in -lieu fee of
$438,508.33 as provided in this Agreement, no certificate of occupancy shall be approved for the
Project.
6. Notices. All notices which are required or permitted under this Agreement shall be
given to the parties by certified mail with return receipt requested, hand delivery, or express
courier, and shall be effective upon receipt when delivered to the parties at the addresses set forth
herein below (or such other address as provided by the parties by written notice delivered in
accordance with this paragraph):
ISLAMORADA, VILLAGE OF ISLANDS
Attn: Director of Planning
86800 Overseas Highway
Islamorada, Florida 33036
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
1100 Simonton Street
Key West, Florida 33040
7. Amendments. No amendment, modification, or other changes in this Agreement shall
be binding upon the parties unless in writing executed by all of the parties.
8. Successors and Assigns Bound The rights and obligations contained in this
Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of
the parties hereto, including any successor in title to the Developer to all or any part of the
Property.
9. Recording. The Developer shall record this Agreement in the Public Records of
Monroe County, Florida at the Developer's expense.
10. Effective Date. This Agreement shall become effective upon the date it is executed
by the last party to execute the Agreement.
11. Counterparts. This Agreement may be executed in any number of counterparts, each
of which, when executed and delivered, shall be an original, but all counterparts shall together
constitute duplicates of one and the same instrument.
3
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of
r , 2017, by %&C!q _sT hA aA , who is personally known to me or who
hai produced as identification.
_4"
Print Name:
Notary Public in and for the County and State last aforesaid.
My Commission Expires: 5 - 2fo-oZ0
Serial No., if any: �r �Qfjy� nh ,i+'s ' DAWN C.THOMAS
.-KMY COMMISSION 1 FF 954765
I EXPIRES: May 26, 2020
tf ;fx Bonded Thru Notary Public Underwriters
AUTHORIZED SIGNATORY FOR MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS 0=
jv
MO OE COUNTY ATTORNEY'S OFFICE
CA gVEfP AS T FORM
'� -]ROMAN GASTESI, COUNTY ADMINISTRATOR PATRICIA 5 FtF�LyL FIRM __ 1ng oun minis o ASSISTANT COUNTY ATTORNEY
DATE:
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this S t Y
da of
62017, by S e—+h L0.w le S S , who is personally known to me or who
has produced as identification.
Pr Na e: Ke.1 l i S. To -
Notary Public in and for the County and State last aforesaid.
My Commission Expires: �a I IS l
Serial No., if any: EF 1325 q ( KELLY S TOTH
r. A
My COMMISSIN
32581
ISLAMORADA, VILLAGE OF ISLANDS �,� -.�?: EXPIRES June 15,1
2018
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SITE PLAN
Exhibit "2"
Plantation Key Courthouse
and Detention Facility
Affordable Housing Mitigation Plan
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Prepared by:
Currie Sowards Aguila Architects
185 NE 41h Avenue, Suite 101
Delray Beach, FL 33064
AA26001584 (561)276-4951
Plantation Key Courthouse and Detention Facility Mitigation Plan
The Village of Islamorada requires that all new developments, expanded development or
changes of use provide or cause to be provided affordable housing for a portion of the
generated local workforce from that development. In accordance with Village ordinance 30-368
the following Affordable Housing Mitigation Plan has been prepared.
Recommended Plan:
Monroe County staff proposes that it pay an in lieu of construction as provided in Table 30-
369(E)(1)(b) of the Village Land Development Regulations (LDRs) in the amount of
$438,508.33.
Affordable Housing Required by Villaqe Codes & Discussion
The existing site of the Plantation Key Courthouse and Detention Facility includes 34,374
Square Feet (SF) of Governmental Uses floor space(including the existing Courthouse, Ellis
Building, AARP Building, Spottswood Building and other miscellaneous buildings) and 15,809
SF of Institutional Uses floor space (including the existing Detention Center and the Children's
Shelter). The proposed development plan for the site includes demolition of 9,826 SF of
Governmental space and 7,614 SF of Institutional space, and construction of a New Courthouse
(35,697 SF) and a New Detention Center (11,139 SF). This development will result in a net
increase in Governmental space of 25,871 SF and a net increase of Institutional space of 3,525
SF. This presumes that 17,454 SF of the existing courthouse is retained for an as yet to be
decided future use. Using these assumptions, the following would be the affordable housing
mitigation requirement under the current Village Code.
Based on the above increased building areas, the affordable housing requirement, as calculated
based on Table 30-369, is:
Governmental: 0.00019 Units / SF = 0.00019 Units x 25,871 SF = 4.92 Units
Institutional: 0.00025 Units / SF = 0.00025 Units x 3,525 SF = 0.88 Units
Total Affordable Unit Need: 5.80 Units
As mentioned above, the current plan (and site plan submitted for approval) includes an
assumption that the existing courthouse will be redeveloped for an as yet to be determined
governmental future purpose. This reflects retention of 17,454 SF of the existing courthouse.
No action for this space can be decided until after occupancy of the new courthouse since the
courthouse must remain in service until the new courthouse is occupied. A similar logic applies
to the new detention facility (aka jail) which must also remain in service until after the new
facility is occupied. Current plans call for demolition of the existing detention facility. Demolition
is also an option for the existing courthouse. The County staff is aware of several potential uses
for the existing courthouse including County storage or a potential upper Keys campus for
Florida Keys Community College. The range of these options creates potentially different
inclusionary affordable housing requirements under the Village codes.
An additional point is that the replacement of the detention facility requires that the new facility
meet current federal and state standards significantly increasing the minimum floor space. This
increases the institutional floor space for the detention facility from its original 7,614 SF to the
new facility's 11,139 SF, an increase of 3,525 SF. This does not increase the staff required for
the facility.
If the affordable housing requirement were to defer the decision for the requirement for future
use / possible old courthouse demolition and / or exempt the added jail space, the following
would be the effect on the affordable housing requirement resulting, respectively:
If the existing courthouse is surplus and demolished the affordable housing component based
on Table 30-369 becomes:
Governmental: 0.00019 Units / SF = 0.00019 Units x 8,417 SF = 1.60 Units
Institutional: 0.00025 Units / SF = 0.00025 Units x 3,525 SF = 0.88 Units
Total Affordable Unit Need: 2.48 Units
If the additional required floor space to accommodate the same inmate and staff population
were also excused from the affordable housing calculation, the code required units would then
be:
Governmental: 0.00019 Units / SF = 0.00019 Units x 8,417 SF = 1.60 Units
Institutional: 0.00025 Units / SF = 0.00025 Units x 0 SF = 0.00 Units
Total Affordable Unit Need: 1.60 Units
Section 30-639 of the Village code allows that the requirement for affordable housing can be
provided in one of the following methods: On -site construction of units, off -site construction of
units, conversion of market rate units, conveyance of land for affordable units, or payment of an
in -lieu fee.
Initially the County considered proposing that the affordable housing requirement be waived
since the project has moved the Public Works organization (positions) off of the site to a new
location in unincorporated Monroe County. We believe the spirit of the requirement is to provide
employee housing for the added staff due to the additional developed space. In this case there
is a net decrease in site employment.
Possible options for affordable housing:
On this site, it is impractical to construct the affordable housing units. The site zoning is Public
or Semi -Public. This is not compatible with residential use and, addition of any units would, in
any event, exceed the Floor Area Ration (FAR). The Village Planning Department has identified
one County owned property potentially suitable for an affordable housing development. It is
located on US-1 next to an existing commercial office building with 8,912 Sq Ft of land. It is
zoned Public/Semi-public and not residential. That notwithstanding, the FAR limits the site to
(0.25x8,912 =) 2,228 SF maximum floor area. By County staff's calculations, the site could
support 2 units, if the zoning were changed to permit residential use. As a practical matter that
would limit the construction to 2 units of approximately 1,100 SF. Additionally, a US-1
accessible driveway would be required since Lysiloma Lane is a private road not accessible
from the subject property. FDOT is not likely to authorize another US-1 access in this area.
Staff has concluded that development of residential units on this site is impractical.
The County is aware that the Village has an existing relationship to provide several affordable
units with Habitat for Humanity but has yet to acquire the property. One option is for the
County's in lieu of construction payment could be used by the Village to acquire the properties
needed by Habitat or, alternatively, to provide the in lieu payment as a contribution to Habitat
toward the land acquisition / construction costs for these affordable units.
County staff has taken the position with the Board of County Commissioners (BOCC) that the
County should not seek a waiver of the inclusionary affordable housing requirement because
County staff has been directed to consider regulations similar to those already enacted by the
village. Staff proposed to the BOCC, and the BOCC approved, making the in lieu payment
based on the assumption that the old courthouse and the expanded jail floor space should bear
their share of providing affordable housing resources to the Village. The BOCC approved the
attached resolution authorizing payment of a $438,508.33 based on the assumption that the old
courthouse will be retained for some, as yet to be determined use.
For the record, the following are County staffs calculations of possible in lieu payments under
the various conditions described above:
In -Lieu Payment
In accordance with Table 30-369(E)(1)(b) the following in -lieu of fees have been calculated as:
Governmental: $12.23 / Sq Ft = $12.23 x 25,871 Sq Ft = $316,402.33
Institutional: $34.64 / Sq Ft = $34.64 x 3,525 Sq Ft = $122,106.00
Total In -Lieu Fee: $438,508.33
Based on the assumption that the old courthouse would be redeveloped.
In accordance with Table 30-369(E)(1)(b) the following in -lieu of fees have been calculated
assuming that the old courthouse is not redeveloped but rather demolished:
Governmental: $12.23 / Sq Ft = $12.23 x 8,417 Sq Ft = $102,939.91
Institutional: $34.64 / Sq Ft = $34.64 x 3,525 Sq Ft = $122,106.00
Total In -Lieu Fee: $225,045.91
Adding to that assumption the elimination of the requirement due to increased federal and state
detention facility requirements results in an in lieu of payment of:
Governmental: $12.23 / Sq Ft = $12.23 x 8,417 Sq Ft = $102,939.91
Institutional: $34 64 / Sq Ft = $34 64 x 0 Sq Ft = $ 0.00
Total In -Lieu Fee: $102,939.91
Affordable Housing Agreement
The County proposes to make a payment of $438,508.33 in lieu of developing the affordable
housing units.
RESOLUTION NO. 09 -2016
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
APPROVING AN AFFORDABLE HOUSING AGREEMENT
WITH ISLAMORADA, VILLAGE OF ISLANDS;
AUTHORIZING THE APPROPRIATE OFFICIALS TO
EXECUTE THE AFFORDABLE HOUSING AGREEMENT
AND ANY ADDITIONAL DOCUMENTS PERTAINING TO
THE AGREEMENT AND TO TAKE ALL ACTIONS
NECESSARY TO IMPLEMENT THE TERMS AND
CONDITIONS OF THE AGREEMENT; AND PROVIDING
AN EFFECTIVE DATE
WHEREAS, the Monroe County Board of County Commissioners ("Monroe County")
proposes to construct a government center complex on Plantation Key in Islamorada, Village of
Islands ("Islamorada") that will include but not exclusively, a Judicial Court House, Detention
Facility, office spaces for the Monroe County 161h Judicial Circuit, Florida State Attorney,
Monroe County Drug Courts, Clerk of the Court, Monroe County Sheriffs Office, Monroe
County Facilities Management, Children's Shelter, and other public spaces and rooms (the
"Project"); and
WHEREAS, pursuant to Chapter 30 "Land Development Regulations," Article IV
"Administrative Procedures," Division 16 "Affordable Housing Standards," Section 30-638(a)
and (b)(7) of the Village Code of Ordinances ("Village Code"), Monroe County has agreed to
enter into an Affordable Housing Agreement with Islamorada and has developed an affordable
housing mitigation plan calculation ("mitigation calculation") attached hereto as Exhibit "A" for
the proposed Project and has submitted the mitigation calculation to Islamorada concurrent with
the development application for the development permit; and
WHEREAS, the mitigation calculation approved by Islamorada and Monroe County
provides for the off -site development of 6 affordable residential dwelling units or the payment of
$438,508.33 in -lieu fee to Islamorada; and
WHEREAS, Monroe County recognizes the need for affordable housing to ensure the
availability of a stable and qualified workforce consistent with the requirements of Monroe
County's and Islamorada's Comprehensive Plans and Codes and Florida Statutes; and
WHEREAS, Monroe County desires to enter into the Affordable Housing Agreement
with Islamorada, a copy of which is attached hereto as Exhibit "B"; and
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY AS FOLLOWS:
Section 1: Recitals. The above Recitals are true and correct and are incorporated
herein by this reference.
Section 2: Approval of the Agreement. The Board of County Commissioners of
Monroe County ("BOCC") hereby supports the Project and approves the execution of the
Affordable Housing Agreement and any additional documents pertaining to the Agreement as
deemed necessary.
Section 3: Authorization. The BOCC authorizes the County Administrator,
Assistant County Administrator, and County Attorney and their designees, to execute and deliver
the Affordable Housing Agreement and any additional documents pertaining to the Agreement,
and to take all action necessary to implement the terms and conditions of the Agreement.
Section 4: Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting of said Board on the _f_day of , 2016.
Mayor Heather Carruthers Y E s
Mayor Pro Tern George Neugent
yes
Commissioner Danny Kolhage
YE 5
Commissioner David Rice
Y63
Commissioner Sylvia Murphy
HEAVILIN, Clerk
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By: _ /I
Mayor
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PLANTATION KEY COURTHOUSE DETENTION FACILITY
AFFORDABLE HOUSING MITIGATION CALCULATIONS
Existing sf
Proposed
Grand total of all sf
_ '�"4
on site as of
Proposed
Proposed
NEW
after aK
M ilea Fee per sf
y
2/10/16 SPA
Redevelopment Of
Demolition of
Construction
redevelopment and
Governmental
GOVERN M ENTAL(per Sec 30-639)
Submittal
Etdsting tlssllinp•
Existing Buildings
sf
new construction
(12.23)
In Lieu Fee
New Court House
3S,697
3S,69
Old Court House (original structure, 10,000sf;
previous additions: 9,3811
1 19,381
17,45q
1,92
11,45^r?S
y 4}�.,�
�.
Ellis budding
709
7,0
0
7,09
AARP budding
1776
0
1,776
Spottswood building
4449
4,449
Crew Quarters/storage
761
0
761
Carpentry shop
913
0
913
OTALS.F.
34,374
24,548
9,826
35,697
60,245
�-A'+-N 12.23
$316,402.3
l aiY. Institutional
INSTITUTIONAL(per Sec 30-639)
.. (34 64)
x:'rw
New Detention Center
11,139
11,139
Old Detention Center
7,614
0
7,61
Chddren's shelter
8195
8, 195
0
8,195
TOTAL S.F.
15,809
8, 195
7,61
11,139
19,334
34.
$122,106.00
of Affordable Housing Units Required
f
TOTAL IN LIEU FEE
$438,508.33
This instrument prepared by:
Adele V. Stones
Stones and Cardenas
221 Simonton Street
Key West, FL 33040
After recording return to:
Islamorada, Village of the Islands
Planning and Development Services Dept.
86800 Overseas Highway
Islamorada, FL 33036-3162
UNITY OF TITLE
D=N 2038853 87/23/2015 1:43PM
FM000ERC�oMy in
f14EAVILINor� of
poop 20388W
BkN 2M PNp 1506
WHEREAS, Monroe County Florida, a political subdivision of the State of Florida is the
Owner (the "Owner) of the Property described as:
See Exhibit "A"
Also known as 88770 Overseas Highway, Plantation Key, Florida.
The Owner recognizes and acknowledges that for the public health, welfare, safety or
morals, the Property should not be divided into separate parcels owned by several owners as long
as the same is put to the hereinafter use; and
In considerations of the right to develop the Property for nonresidential and accessory
uses, and for other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, Owner hereby agrees to restrict the use of the Property in the following
manner:
That said Property shall be considered as one plot and parcel of land and that no portion
of said plot and parcel of land shall be sold, transferred, devised or assigned separately, except in
its entirety as one plot or parcel of land.
The Owner further agrees that this condition, restriction and limitation shall be deemed a
covenant running with the land and shall be recorded, at the Owner's expense, in the Public
Records of Monroe County, Florida and shall remain in full force and effect and be binding upon
the Owner, his/her/its heirs, successors, personal representatives and assigns and upon all
mortgagees or lessees until such time as the same may be released in writing by the Director of
the Planning and Development Services Department (the "Director') of Islamorada, Village of
Islands, Florida, or the Director's designee, or the executive officer of the successor of such
Department, or in the absence of such Director or executive officer, by the Director's assistant in
charge of the office in the Director's absence. Further provided, however, that a release will be
executed when the premises are made to conform to the applicable zoning regulations or the use
or structure is removed from the premises and there is no further reason to maintain the Unity of
Title on the public records.
Doll 2038853
Bkq 2752 P99 1507
IN WITNESS WHEREOF, the said party of the first part has caused these presents to
be executed in its name by the Board of County Commissioners of Monroe County, Florida at a
regular meeting of said Board on the 15'h day of July, 2015.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
gy:
Mayor Danny Whage
MONROE COUNTY ATTORNEY
PP VED AS TO FORM
CHRIS AM ROSIO
ASSI ANT COUNTY ATTORNEY
Date- y V' - / 5
DocN 203M3
Bkp 2752 PgN 1508
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me
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as fPlloit §o* 1. P"s 11LL d gopWft Beards of Mwa CoAp RarWL more pwtkwWy
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AND
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AND
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N MT 10W 3 AT PADE 13S. OF THE pUWX Iag= OF MONOE COLNTY RA WA.
AID
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N PLAT SON 3 AT PAO[ Ift tIF Im pugm awo" or M010t0E CWj M. FLcr4o .
AND
MC",Eicosnt
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MAT NOW 3 AT PAa 15% OF Tldr PtWX Mn Win OF t1p cir =wry. MAP"
um
fJmOAL aofaoc ooeic s� P� ►aru
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AS ow 10 N PLAT §Opt 3 AT PAGE ISO, OF 1Fd PUM NOWAS OF M0NI1_0[ COINITY MMM&
1
Exhibit "A"
MONROE COWTY
OFFICIAL RECORDS
PLANTATION KEY COURTHOUSE DETENTION FACILITY
AFFORDABLE HOUSING MITIGATION CALCULATIONS
GOVERNMENTAL(per Sec 30-639)
Existing sf
on site as of
2/10/16 SPA
Submittal
Proposed
Redevelopment of
Existing Buildings`
Proposed
Demolition of
Existing Buildings
Proposed
NEW
Construction
sf
Grand total of all sf
after all
redevelopment and
new construction
Increase in sf
of entire site
Units needed per
s.f. of gross leasable
area Governmental
(0.00019)
In Lieu Fee per sf
Governmental
(12.23)
In Lieu Fee
New Court House
35,697
35,697
Old Court House (original structure: 10,000sf;
previous additions: 9,381)
19,381
17,454
1,927
17,454
Ellis building
7094
7,094
0
7,094
AARP building
1776
0
1,776
Spottswood building
4449
0
4,449
Crew Quarters/storage
761
0
761
Carpentry shop
913
0
913
TOTAL S.F.
34,374
24,S48
9,826
35,69/
60,245
25,871
4.92
12.23
$316,402.33
INSTITUTIONAL(per Sec 30-639)
Institutional
(0.00025)
Institutional
(34.64)
New Detention Center
11,139
11,139
Old Detention Center
7,614
0
7,614
Children's shelter
8195
8, 195
0
8, 195
TOTAL S.F.
15,809
8,195
7,614
11,139
19,334
3,525
0.881
34.641
$122,106.0
Number of Affordable Housing Units Required
5.80
TOTAL IN LIEU FEE
$438,508.33
PLANTATION KEY COURTHOUSE DETENTION FACILITY Modified for removing the old CH
AFFORDABLE HOUSING MITIGATION CALCULATIONS
GOVERN M ENTAL(per Sec 30-639)
Existing sf
on site as of
2/10/16 SPA
Submittal
Proposed
Redevelopment of
Existing Buildings*
Proposed
Demolition of
Existing Buildings
Proposed
NEW
Construction
sf
Grand total of all sf
after all
redevelopment and
new construction
Increase in sf
of entire site
Units needed per
s.f. of gross leasable
area Governmental
(0.00019)
In Lieu Fee per sf
Governmental
(1223)
In Lieu Fee
New Court House
35,697
35,697
$102,939.91
Old Court House (original structure: 10,0005f;
previous additions: 9,381)
19,391
17,454
1,927
17,454
Ellis building
7094
7,094
0
7,094
AARP building
177E
0
1,776
Spottswood building
4449
0
41449
Crew Quarters/storage
7G l
0
761
Carpentry shop
913
0
913
TOTAL S.F.
34,3/4
24,548
9,826
35,697
42,791 69,24
8417 25,841
1.60 +-W
12.23
INSTITUTIONAL(per Sec 30-639)
Institutional
(0.00025)
Institutional
(34.64)
New Detention Center
11,139
11,139
Old Detention Center
1,614
0
7,614
Children's shelter
8195
8,195
0
8,195
TOTAL S.F.
15,809
8,195
7,614
11,139
19,334
3,525
0.88
34.64
$122,106.00
Number of Affordable Housing Units Required
5.80
TOTAL IN LIEU FEE
$225,045.91