Resolution 132-2017RESOLUTION NO. 132 -2017
A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS APPROVING THE RESERVATION OF TEN (10)
AFFORDABLE MODERATE INCOME CATEGORY ROGO
ALLOCATIONS FOR A PROPOSED EMPLOYEE DWELLING UNIT
DEVELOPMENT ON BIG COPPITT FOR HABITAT FOR HUMANITY OF
KEY WEST AND LOWER FLORDIA KEYS ON PROPERTY DESCRIBED
AS PART TRACT B, PORPOISE POINT SECTION 5, BIG COPPITT,
REAL ESTATE NUMBER 00156320.000000 UNTIL AUGUST 1, 2017.
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, 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 long -term
preservation mechanisms; and
WHEREAS, due consideration should be 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
WHEREAS, the developers have legitimate needs for some assurance that allocations are in fact and
will remain available and/or justified for a reasonable time so that follow- through on initial commitments
will in fact be justified; and
WHEREAS, the BOCC, on May 16, 2007, approved Resolution 184 -2007 reserving sixty -nine (69)
affordable housing allocations for four County projects; and
WHEREAS, the BOCC, on March 18, 2009 approved Resolution 083 -2009 reserving ten (10) more
affordable housing allocations for County projects; and
WHEREAS, one of the projects for which twelve (12) allocations were reserved is located on RE:
#00156320.000000, Part tract B, Porpoise Point Section 5, Big Coppitt, for Habitat for Humanity of the Key
West and Lower Florida Keys (HHLK) to construct project previously known as Bayside Landing II; and
WHEREAS, HHLK entered into a 99 -year lease with Monroe County on May 20, 2009, for
property described as Part Tract B, Porpoise Point Section 5, Big Coppitt, Real Estate Number
00156320.00000 for the project previously known as Bayside Landing II; and
WHEREAS, the BOCC, on July 15, 2009, approved Resolution 213 -2009 reserving 12 affordable
housing allocations for the HHLK project until December 31, 2009; and
WHEREAS, the BOCC, on February 17, 2010, approved the First Amendment to Lease to qualify
the subject property as tax - exempt under Florida Statute § 196.199(2)(b) (tax- exempt, government -owned
property leased to a non - governmental entity) and Florida Statue § 196.199(7) (tax- exempt property leased
for 100 years or more); and
WHEREAS, the BOCC, on March 18, 2015, approved the Second Amendment to Lease between
Monroe County and HHLK., to retroactively extend a lease; and
WHEREAS, the developer applied for minor conditional use permit on August 12, 2016 for ten (10)
attached residential dwelling units, designated as employee housing; and
WHEREAS, the BOCC, on March 15, 2017, approved the Third Amendment to retroactively extend
a lease and subject to conditions that the construction commence by August 1, 2017 and receive certificates
of occupancy by December 31, 2018; and
WHEREAS, minor conditional use permit by Development Order 02 -17 approved request March
21, 2017 for the development of ten (10) attached residential dwelling units, designated as employee
housing; and
WHEREAS, the reservation of affordable housing allocations for the anticipated project, currently
known as Loewy Landing, does not exempt the project from applicable requirements for the Monroe County
Land Development Regulations, Building Code and other regulatory requirements; and
WHEREAS, HHLK shall obtain all required approvals from the Monroe County Planning &
Environmental Resources Department for the project; and
WHEREAS, HHLK according to its lease shall obtain permits for all affordable housing dwelling
units by August 1, 2017; if the permits are not issued, the allocations will revert to the County; and
WHEREAS, the project mentioned above is still in process and the allocations are still required.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section l: The Monroe County Planning Department shall reservation for ten (10) affordable
ROGO allocations, consisting of ten (10) moderate income category allocations, for the HHLK project on
Big Coppitt until August 1, 2017.
Section 2: The developer must obtain the building permits for the ten (10) affordable /employee
housing on or before August 1, 2017.
Section 3: The developer shall comply with all Monroe County requirements, all applicable
Building Code requirements, and any other oversight agencies.
Section 4: The Planning and Building Department Staff is hereby authorized to process
expeditiously permit related applications for the above referenced project when received.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a
regular meeting held on the 17th day of May, 2017.
Mayor George Neugent Yes
Mayor Pro Tern David Rice Y
Commissioner Heather Carruthers yes
Commissioner Danny Kolhage Yes
Commissioner Sylvia Murphy Yes
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA
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Mayor George Neugent
MON OE COUNTY A ORNEY
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