Item H3BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 17, 2014 Division: Growth Management
Bulk Item: Yes X No — Department: Planning & Environmental Resources
Staff Contact /Phone #: Christine Hurley, Ext. 2517
AGENDA ITEM WORDING: Approval of an Interlocal Agreement between Monroe County and
the City of Marathon Transferring Affordable Housing Allocations, according to a prior approval by
the BOCC of an agreement with Little Palm Cottages, LLC.
ITEM BACKGROUND: Little Palm Cottages, LLC constructed a 48 unit development on property
which was formerly Lucky's Landing at 133 Barry Avenue, Little Torch Key. The project is now called
Little Torch Cottages. There were 48 market rate exemptions associated with the property. The County
entered into an agreement with Little Palm Cottages, LLC on July 17, 2013 in which the developer
agreed to deed restrict 14 units to comply with the affordable housing inclusionary housing
requirements (30% of 48 = 14.4) The County agreed to allow the 14 allocations to be transferred off
the property to another entity, and allow the 14 units to revert to market rate, if the developer built
inclusionary housing off site consistent with Chapter 130, section 130-161 Affordable & Employee
Housing Administration (b) Inclusionary housing requirements (4) Alternate compliance and (c)
Linkage of projects. Because the total number of housing units constructed by the developer is 48
market rate units on the Little Torch site, plus 14 off site affordable units, totaling 62 units, the total
number of inclusionary units is calculated at 30% of 62, which necessitates 18.6 units, rounded up to
19, the new affordable housing requirement. The County by Resolution 208A-2013 reserved 19
affordable housing allocations to be used by Little Palm, LLC at another location. Transfer of the 19
affordable allocations to the City of Marathon is allowed for allocation to the developer or its assignee
if approved by inter local agreement pursuant to section 130-161(g). Upon Certificate of Occupancy of
the 19 affordable units, the deed restriction at the Little Torch Cottages project may be released.
The agreement for transfer of the units was approved by the City of Marathon August 26, 2014.
PREVIOUS RELEVANT BOCC ACTION: July 17, 2013 Approval of an Agreement between Little
Palm Cottages, LLC to reserve affordable housing ROGO allocations, formalize an alternative
compliance to the inclusionary housing requirement/linkage of project plan, and provide little Palm
Cottages, LLC with authorization to qualify applicants for affordable housing.
July 17, 2013 Approval of Resolution 208A-2013 reserving 19 affordable housing ROGO allocations
for use by Little Palm Cottages, LLC,
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS: Approval
TOTAL COST: INDIRECT COST:
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:
REVENUE PRODUCING: Yes _ No
BUDGETED: Yes
SOURCE OF FUNDS:
AMOUNT PER MONTH Year
APPROVED BY: County Atty 51", OMB/Purchasing Risk Management
DOCUMENTATION: Included Not Required
DISPOSITION: AGENDA ITEM #
INTERLOCAL AGREEMENT BETWEEN
MONROE COUNTY AND THE CITY OF MARATHON
TRANSFERRING AFFORDABLE HOUSING ALLOCATIONS
This Agreement ("Agreement") is made and entered into this day of 12014,
by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100
Simonton Street, Key West, Florida 33040 ("County") and the City of Marathon, a municipal
corporation of the State of Florida, whose address is 9805 Overseas Highway, Marathon, Florida 33050
(the "City");
WITNESSETH:
WHEREAS, Monroe County and the City of Marathon recognize the value of regional
partnerships in smart growth; and
WHEREAS, Policy 101.2.15 of the Year 2010 Monroe County Comprehensive Plan allows
Rate of Growth Ordinance building permit allocations (ROGOs) for affordable housing projects to be
pooled and transferred between local government jurisdictions within the Florida Keys Area of Critical
State Concern, if accomplished through an interlocal agreement between the sending and receiving local
governments; and
WHEREAS, Monroe County and the City of Marathon have previously entered into Interlocal
Agreements to transfer ROGOs; and
WHEREAS, Monroe County and Little Palm Cottages, LLC entered into an agreement on
July 17, 2013, entitled "Agreement between Monroe County, Florida and Little Palm Cottages, LLC to
Reserve Affordable Housing ROGO Allocations, Formalize an Alternative Compliance to the
Inclusionary Housing Requirements/Linkage of Project Plan, and Provide Little Palm Cottages, LLC
with Authorization to Qualify Applications for Affordable Housing Occupancy" ("Linkage Agreement")
attached as Exhibit A; and
WHEREAS, pursuant to the County's inclusionary housing requirements, MCC §130-
161(b)(2)b., 30% of the residential dwelling units developed by Little Palm Cottages, LLC are required
to be developed as affordable housing (30% of 48 = 14.4); and
WHEREAS, Little Palm Cottages, LLC, had 48 market rate ROGO exemptions, has constructed
48 units, and has filed an affordable housing deed restriction insuring that 14 units will be affordable;
and
WHEREAS, Little Palm Cottages, LLC may, through the Linkage Agreement, construct up to
19 affordable housing units off -site and link them to the market -rate housing units that are on -site and
satisfy the 30% inclusionary housing requirements (48 on -site market -rate units + 14 off -site affordable
units = 62 total units, 30% of 62 = 18.6); and
WHEREAS, by letter dated August 26, 2014 (Exhibit B), John F. Weir, Managing Member of
Eastwind Little Palm, LLC, Managing Member of Little Palm Cottages, LLC, has requested that
Monroe County transfer nineteen (19) affordable ROGO allocations from Monroe County pursuant to
Final BOCC September 17. 2014 Marathon August 26 2014
the Linkage Agreement and Resolution No. 208A-2013, (attached as Exhibit C), to the City for an
affordable (moderate income) and market rate residential rental project in the City of Marathon; and
WHEREAS, the Linkage Agreement allows the 14 affordable ROGO allocations to be removed
from the Little Palm Cottages, LLC site, now known as Little Torch Cottages, and that the 14 units be
allowed to revert to market rate units as long as 19 affordable housing units are constructed off site and
deed restricted as affordable housing, thus fulfilling the County's inclusionary housing requirements for
the 48 market rate residential units at Little Torch Cottages; and
WHEREAS, Monroe County and the City of Marathon recognize the potential economic value
of such transferable allocations; and
WHEREAS, this Agreement is entered into according to the authority of Florida Statutes,
Section 163.01, et. seq., Florida InterlocaI Cooperation Act of 1969, which states:
"It is the purpose of this section to permit local government units to make the most
efficient use of their powers by enabling them to cooperate with other localities on a basis
of mutual advantage and thereby to provide services and facilities in a manner and
pursuant to forms of governmental organization that will accord best with geographic,
economic, population, and other factors influencing the needs and development of local
communities"; and
WHEREAS, the comprehensive plans of Monroe County and the City of Marathon expressly
identify interlocal agreements as a means of resolving issues mutually affecting their respective
jurisdictions; and
public;
WHEREAS, the parties have determined that this Agreement is in the best interests of the
NOW, THEREFORE, the parties hereto agree as follows:
Section 1. TRANSFER: The parties agree to permit the transfer of up to nineteen (19)
affordable housing moderate income ROGO allocations from Monroe County to the City of Marathon
for allocation, pursuant to the foregoing Linkage Agreement, and subject to the conditions contained
therein, including but not limited to:
a. Little Palm Cottages, LLC or its assignee constructing the affordable off -site units related to
such allocations.
b, the filing of an Affordable Housing Deed Restriction on the new affordable housing units
pursuant to Paragraph IILG. of the Agreement.
Section 2. ASSIGNMENT: Little Palm Cottages, LLC has assigned its rights to the allocations
to Marathon Ocean Housing, LLC, and the 19 affordable housing allocations are to be issued by the City
to be used specifically by Marathon Ocean Housing, LLC at the development in Marathon known as
Tarpon Harbour. (Assignment attached as Exhibit D.) In the event that the affordable component of
2
the Marathon Ocean Housing, LLC development is not completed for any reason within the time
provided for in the City's Conditional Use Permit, the allocations revert to Monroe County and to their
former status under the Agreement.
Section 3. TERM: Subject to and upon the terms and conditions set forth herein, this
Agreement shall continue in force until otherwise retracted by action of the County or the City or until
the termination of the Linkage Agreement and pursuant to Resolution 208A-2013, which is
December 31, 2021.
Section 4. GOVERNING LAWSNENUE: This Agreement shall be construed in accordance
with and governed by the laws of the State of Florida and the United States. Exclusive venue for any
dispute arising under this Agreement shall be in the Sixteenth Judicial Circuit in and for Monroe
County, Florida. In the event of any litigation, the prevailing party is entitled to a reasonable attorney's
fee and costs. This Agreement is not subject to arbitration.
Section 5. NONDISCRIMINATION: The parties agree that there will be no discrimination
against any person, and it is expressly understood that upon a determination by a court of competent
jurisdiction that discrimination has occurred, this Agreement automatically terminates without any
further action on the part of any party, effective the date of the court order. The parties agree to comply
with all Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to (1) Title VI of the Civil Rights Act of 1964
(P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (2) Section
504 of the Rehabilitation Act of 1973, as amended (20 U.S.C. s. 1975, as amended (42 U.S.C. ss. 6101-
6107)), which prohibits discrimination on the basis of age; (4) The Drug Abuse Office and Treatment
Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (5) The
Comprehensive Alcohol Abuse And Alcoholism Prevention, Treatment and Rehabilitation Act of 1970
(P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (6)
The Public Health Service Act of 1912, ss. 523 and 527, (42 U.S.C. ss. 290 dd-3 and 290 ee03), as
amended, relating to confidentiality of alcohol and drug abuse patient records; (7) The Americans With
Disabilities Act of 1990 (42 U.S.C. s. 1201 Note), as may be amended from time to time, relating to
nondiscrimination on the basis of disability; (8) The Florida Civil Rights Act of 1992, (Chapter 760,
Florida Statutes, and Section 509.021, Florida Statutes), as may be amended from time to time, relating
to nondiscrimination; and (9) any other nondiscrimination provisions in any federal or state statues or
local ordinances which may apply to the parties to, or the subject matter of, this Agreement.
Section 6. CODE OF ETHICS: The parties agree that their officers and employees recognize
and will be required to comply with the standards of conduct relating to public officers and employees
as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or
acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public
position, conflicting employment or contractual relationship; and disclosure or use of certain
information.
Section 7. NO SOLICITATION/PAYMENT: The parties warrant that, in respect to itself, it
has neither employed nor retained any company or person, other than a bona fide employee working
solely for it, to solicit or secure this Agreement and that it has not been paid or agreed to pay any person,
company, corporation, individuals, or firm, other than a bona fide employee working solely for it, any
3
fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or
making of this Agreement. For the breach of violation of this provision, each party agrees that the other
party shall have the right to terminate this Agreement without liability and, at its discretion, to offset
from monies owed, or otherwise recover the full amount of such fee, commission, percentage, gift, or
consideration.
Section 8. SUBORDINATION: This Agreement is subordinate to the laws and regulations of
the United States and the State of Florida, whether in effect on commencement of this Agreement or
adopted after that date.
Section 9. INCONSISTENCY: If any item, condition, or obligation of this Agreement is in
conflict with other items of this Agreement, the inconsistencies shall be construed so as to give meaning
to those terms which limited the County's responsibility and liability.
Section 10. PUBLIC ACCESS TO RECORDS: The parties shall allow and permit members
of the public reasonable access to, and inspection of, all documents, papers, letters, or other materials
subject to the provisions of Chapter 119, Florida Statutes, and made or received by the parties in
conjunction with this Agreement.
Section 11. NON -RELIANCE BY NON-PARTIES: Other than as stated herein, no person or
entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to
enforce any third -party claim or entitlement to or benefit of any service or program contemplated
hereunder, and the parties agree that neither the County nor the City or any agent, officer, or employee
of each shall have the authority to inform, counsel, or otherwise indicate that any particular individual or
group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and
apart, inferior to, or superior to the community in general or for the purposes contemplated in this
Agreement.
Section 12. NO PERSONAL LIABILITY: No covenant or agreement contained herein shall
be deemed to be a covenant or agreement of any member, officer, agent or employee of a party in his or
her individual capacity, and no member, officer, agent or employee of a party shall be liable personally
on this Agreement or be subject to any personal liability or accountability by reason of the execution of
this Agreement.
Section 13. NOTICES: All notices and other communications hereunder must be in writing
and addressed as follows, or to any other address which either party may designate to the other party by
mail: If to County:
Roman Gastesi, Jr., County Administrator
Monroe County Historic Gato Building
1100 Simonton Street
Key West, Florida 33040
With a copy to: Robert B. Shillinger, Jr., Esquire
Monroe County Attorney's Office
P.O. Box 1026
Key West, Florida 33041-t026
91
If to City: Michael Puto
Interim City Manager
City of Marathon
9805 Overseas Highway
Marathon, Florida 33050
With a copy to: Lynn Dannheisser, Esquire
City Attorney
GrayRobinson, P.A.
1221 Brickell Avenue, Suite 1600
Miami, Florida 33131
Any notice required by this Agreement to be given or made within a specified period of time, or
on or before a date certain, shall be deemed to have been duly given if sent by certified mail, return
receipt requested, postage and fees prepaid; hand delivered, or sent by overnight delivery service.
Section 14. ENTIRE AGREEMENT/MODIFICATION/AMENDMENT: This writing
contains the entire Agreement of the parties and supersedes any prior oral or written representations. No
representations were made or relied upon by either party, other than those that are expressly set forth
herein. No agent, employee, or other representative of either party is empowered to modify or amend
the terms of this Agreement, unless executed with the same formality as this document.
Section 15. COUNTERPARTS: This Agreement may be executed in several counterparts,
each of which shall be deemed an original, and such counterparts shall constitute one and the same
instrument.
Section 16. EFFECTIVE DATE: This Agreement shall take effect on the date set forth above.
SIGNATURES ON FOLLOWING PAGES
5
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly
authorized representative.
(SEAL)
ATTEST: AMY HEAVILIN, CLERK
Deputy Clerk
ATTEST:
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor/Chairperson
Date:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
Assistant County Oettorney
THE CITY OF MARATHON, FLORIDA
IRI By: t k \
DIANE CLAVIER Mayor Dick Ramsay, Date*7/1q
City Clerk
(City Seal)
APPROVED AS TO FORM AND
LEGALITY FOR THE USE AND
RELIANCE OF THE CITY OF
MARATHOU FLORIDA O
(Dannheisser
Attorney
MONRO COUNTY ATTORNEY
p APPR1 FOAFd
Date: S a
2
LITTLE PALM COTTAGES, LLC
BY: EASTWIND LITTLE PALM, LLC
Managing Member
JOYN F. WEIR
Managing Member
EXHIBIT A
Y- Jk4 Vf- b
Fit d & Recorded din Official R cordsA11:of
MONROE COUNTY AMY WEAVILIN
A� ?aVPJ F-_3,9a�D
DocN 2947413
Blot 294E NO 1727
AGREEMENT BETWEEN MONROE COUNTY, FLORIDA AND LITTLE
PALM COTTAGES, LLC TO RESERVE AFFORDABLE HOUSING
ROGO ALLOCATIONS, FORMALIZE AN ALTERNATIVE
COMPLIANCE TO THE INCLUSIONA.RY HOUSING REQUIREMENTS I
LINKAGE OF PROJECT PLAN, AND PROVIDE LITTLE PALM
COTTAGES, LLC WITH AUTHORIZATION TO QUALIFY APPLICANTS
FOR. AFFORDABLE HOUSING OCCUPANCY
This Agreement to reserve affordable housing ROGO allocations consistent with Monroe
County Code (MCC) §138-24(b), formalize an alternative compliance consistent with MCC
§130-161(b)(4) / linkage of project plan consistent with MCC §130-161(c), and provide Little
Palm Cottages, LLC with authorization to qualify applicants for affordable housing occupancy
consistent with MCC § 130-161(f)(8)c. ("Agreement") is entered into this 1 � day of
, 2013 ("Agreement Date"), between LITTLE PALM COTTAGES, LLC
("Appli t") and MONROE COUNTY, FLORIDA ("County").
I. RECITALS
A. Applicant owns real property located at 133 Barry Avenue, Little Torch Key,
Monroe County, as more particularly described in Exhibit "A" attached hereto, "the Property."
B. As of the date of this Agreement, the Property, which consists of approximately
3.55 acres of upland area, was developed with four (4) single-family residences, in the form of
three (3) detached residential dwelling units and one (1) mobile home.
C. Monroe County recognizes 48 ROGO exemptions as being associated with the
Property. The Property was previously used a mobile home park, known as Lucky's Landing
Trailer Park. Of the 48 recognized ROGO exemptions, 45 were associated with mobile homes
(44 of which were demolished in 2007) and 3 are associated with the existing single-family
detached residential dwelling units.
D. Applicant desires to construct 48 residential dwelling units for rental on the
Property. Applicant wishes to raze 3 of the 4 single-family residences on the Property, and
convert 1 of the single-family residences on the Property into a clubhouse to serve the 48
residential dwelling units (hereinafter, the "Project"). Applicant submitted to the County
Planning and Environmental Resources Department a Request for Minor Conditional Use Permit
application (Planning Department Pile #2013-033) for the Project ("Applicant's Request for
Minor Conditional Use"), and on May 23, 2013, the Monroe County Director of Planning and
Environmental Resources issued Development Order #02-13 approving Applicant's Request for
Minor Conditional Use, provided as Exhibit `B."
E. Pursuant to the County's inclusionary housing requirements, MCC §130-
161(b)(2)b., 30% of the 45 residential dwelling units which are being converted from prior
mobile home use are required to be developed as affordable housing. Pursuant to MCC §130-
Revised July 2, 2013
Doc# 1947413
Ski! 2646 P9N 1728
161(b)(2)a., 30% of the 3 residential dwelling units which are being converted from prior non.
mobile home residential use are required to be developed as affordable housing. Therefore, for a
Project of 48 total residential dwelling units, 14 residential dwelling units are required to be
deed -restricted as affordable housing (30% of 48 = 14.4).
F. The County finds that the Project's 14 affordable housing units (provided either
on -site or off site) advances Monroe County Comprehensive Plan Goal 601 by providing new,
safe, decent, and structurally sound affordable housing. Additionally, the County finds that the
Project advances Monroe County Comprehensive Plan Objective 601.3 by replacing prior
substandard mobile home residential uses while also enhancing the County's existing housing
stock. Additionally, the County finds that the auditing and reporting requirements required of
the Provider (as that term is more specifically defined in section V) advances Monroe County
Comprehensive Plan Policy 601.1.15 related to monitoring affordable housing eligibility.
G. As detailed in a May 21, 2013 staff report to the Monroe County Planning
Commission, excluding the Big Pine Key and No Name Key ROGO subarea, the County had
262 affordable housing ROGO allocations available as of that date for reservation pursuant to
MCC §138-24(b) (168 of which were classified as very low / low / median -income eligible and
94 of which were classified as moderate -income eligible).
H. The purpose of this Agreement is to govern the logistics of the Project's ROGO
component by: (i) allowing the application of MCC §130-161, to permit Applicant to meet
"alternative compliance" and/or "link" any off -site deed -restricted affordable housing units to the
on -site Project as contemplated herein, (ii) allow the application of MCC §130-161(b)(4),
Alternative compliance, and MCC §130-161(c), Linkage of projects, to allow Applicant to link
19 off -site units with the Project to achieve the inclusionary housing requirements of MCC
§130-161(b), and (iii) designating Provider as an approved non -governmental organization to
oversee administration of the Applicant's affordable housing units.
1. Except as expressly outlined herein, this Agreement does not approve any
development of property and does not waive any development approvals.
J. As more particularly outlined in Article VI(B), below, this Agreement shall
become effective only after all appeal periods related to any Order associated with Applicant's
Request for Minor Conditional Use have run.
II. RESERVATION OF 19 AFFORDABLE HOUSING ROGO ALLOCATIONS BY
MONROE COUNTY
A. Applicant requests Monroe County to "reserve" 19 affordable housing moderate -
income ROGO allocations so that up to 14 of the Project's affordable housing units may "revert"
to market rate units if and when Applicant uses the reserved affordable housing ROGO units at
another approved location(s) within 35 miles of the Project's location, excluding a location on
Big Pine Key or No Name Key. Applicant acknowledges that use at locations within the cities of
Key West, Marathon and/or Key Colony Beach will require approval by the Board of County
Commissioners and execution of an appropriate interlocal agreement. For every 4 off -site units
Revised July 2, 2013
0=0 1941413
SkU 2646 Pgp 1729
which are granted certificates of occupancy and deed restricted as affordable housing, the County
will release 3 of the affordable housing units on the Property from the Project's Affordable
Housing Deed Restriction. Once 12 of the affordable housing units on the Property have been
released from the Project's Affordable Housing Deed Restriction, 3 additional off -site units must
be constructed and granted certificates of occupancy and deed restricted in order for the final 2
deed restricted affordable housing units on the Property to be released from the Project's
Affordable Housing Deed Restriction. In the event, Applicant opts to construct only a partial
amount of the 14 off -site units, the following table provides the required total of affordable
housing units for each scenario:
Number of Off Site Units
Number of Total Units
Required Total of Affordable
Housing Units (30 Percent
0
48
14 14.4
1
49
15 14.7
2
50
15 15.0
3
51
15 (15.3
4
52
16 15.6
5
53
16 15.9
6
54
16 16.2
7
55
17 16.5
8
56
17 16.8
9
57
17 17.1
10
58
17 17.4
11
59
18 17.
12
60
18 L18.9
13
61
18 18.3
14
62
1908.6)
fi As required m MUC: Section 13U-1b1(b)(2)(c), only tractional requirements equal to or
greater than .5 shall be rounded up to the nearest whole number.
B, Monroe County shall hereby reserve, by separate resolution of the Board of
County Commissioners as required by MCC § 138-24(b), 19 affordable housing moderate income
(as defined in MCC § 110-1) ROGO allocations for linkage to the Project ("Reserved Units). If
located in unincorporated Monroe County, Applicant shall comply with all regulations in the
Monroe County Code concerning the location and construction of affordable housing. If located
in unincorporated Monroe County, no units shall be constructed on Big Pine or No Name Keys,
within a Tier I designated area, within a V-zone on the Federal Emergency Management
Agency's flood insurance rating map, or within. a Tier III -A (special protection area) designated
area if clearing is proposed for any portion of an upland native habitat patch of one acre or
greater in area. If located in an incorporated area of Monroe County, Applicant shall comply
with all regulations in the pertinent municipality concerning the location and construction of
affordable housing.
C. Upon completion of the Project's residential units, and recordation of an
appropriate deed restriction recognizing the designation of 14 of the Project's on -site residential
dwelling units as affordable, the Project shall be deemed to have met the inclusionary affordable
3
Revised July 2, 2013
Docfl 1947413
6kp 2646 Poo 1730
housing congruency requirement of MCC § 130-161(b). A copy of the approved deed restriction
to be recorded upon completion of the Project is attached hereto as Exhibit "C."
111. APPROVAL OF ALTERNATIVE, COI PLL ,NCE(I..INKAGE OF OFF -SITE
AFFORDABLE HOUSING UNITS
A. Linkage of inclusionary affordable housing is permitted in the MCC. Applicant is
seeking the'ability, at some future date, to construct up to 19 affordable housing units off -site and
link them to the market -rate housing units that are on -site. In order to accomplish this request,
Applicant seeks the County reserve 19 of its available affordable housing ROGO allocations
(moderate); one for each of the 14 affordable housing units required to be built as part of the
Project of 48 total on -site units plus a maximum additional of 5 for the additional affordable
housing units needed to meet the 30% requirement if a larger on -site project, fully market -rate is
constructed or converted (48 on -site market -rate units + 14 off -site affordable units = 62 total
units, 30% of 62 = 18.6). This reservation is to allow Applicant, at some future date but within
the timeframe set forth herein and in the affordable housing reservation resolution, to use such
reserved affordable housing ROGO allocations at other locations within the County as allowed
and provided in section II(A). Specifically, once the Project is completed on the Property,
Applicant may build up to 19 off --site affordable housing units for "linkage" of such off -site
affordable units to the Project.
B. In the event Applicant does desire to construct affordable housing units off -site,
Applicant seeks the County's approval for such off -site affordable housing units to constitute
adequate and appropriate "linkage" as contemplated in MCC §130-161(c). Since such linkage
would occur, if at all, after the completion of the Project, and since Applicant seeks to
accomplish such linkage by constructing up to 19 off -site units, Applicant also seeks the County,
pursuant to MCC §130-161(b)(3), to adjust the requirements of MCC §130-161 to accommodate
the flexibility Applicant seeks in providing deed -restricted affordable housing units as more
particularly described herein.
C. To be consistent with the reservation resolution required by section II(B),
Applicant has through and until December 31, 2021 ("Linkage Period") in which to apply for
and receive building permits authorizing Applicant to construct up to 19 affordable housing units
at other off -site, approved locations within the County ("Off site Units").
D. As it is not technically a transfer of a ROGO exemption, Minor Conditional Use
approval will not be required for construction of the Off -site Units. However, all other
applicable site development approvals shall be required for construction of such Off -site Units. A
Conditional Use shall be required if the land use district of the site(s) where the Off -site Units
are to be located requires such a Conditional Use approval for the use,
E. Within the Linkage Period, Applicant, or Applicant's assignee, may, but shall not
be required to, use all or any portion of the 19 Reserved Affordable Allocations to construct the
Off site Units at another approved location(s) within 35 miles of the Project's location, excluding
a location on Big Pine Key or No Name Key, pursuant to section II(A) of this agreement,
E
Revised July 2, 2013
Doeg 1947413
9kII 2546 Pgp 1731
F. Linkage of the Reserved Affordable Allocations for the Off -site Units will count
as the inclusionary affordable housing requirement only for the Project, except that if Applicant
(or Applicant's affiliate or assignee) constructs more than the 19 Off -site Units contemplated
herein, any affordable housing units constructed in excess of the Off -site Units may, upon receipt
of appropriate approvals, count toward linkage for another project.
G. In the event Applicant does use any or all of the 19 Reserved Affordable
Allocations as contemplated herein, and either Applicant or Applicant's assignee constructs such
affordable Off -site Units related to such allocations, the County shall release from the Project's
on -site affordable housing unit deed restriction the affordability designation of the Project's units
as described herein in section I(D of this agreement. The County's obligation to release the
Project's units from the deed restriction shall arise upon the completion of the construction of
such affordable Off -site Units and the recordation of the appropriate affordable housing deed
restriction(s) for such affordable Off -site Units.
H. In the event Applicant does not receive building permits and use the linkage
provisions within the Linkage Period, the "reserved status" of any remaining Reserved
Affordable Allocations shall cease.
IV. BOCC APPROVAL OF ADJUSTMENT TO SECTION 130-161 REQUIREMENTS
TO ACCOMMODATE LINKAGE
A. Applicant also desires the County, pursuant to MCC §130-161(f)(8), to approve
the designation of (i) Applicant, (ii) Lincoln Apartment Management Limited Partnership
(Applicant's property management company), and (iii) Eastwind Little Palm, LLC (the
managing member of Applicant) (collectively and/or individually, "Provider"), as non-
governmental organization(s) approved as an affordable housing provider. Upon such approval,
Provider shall be responsible to ensure that all affordable housing units located at the Property or
elsewhere are administered and operated pursuant to, and consistent with, the requisites of MCC
§ 130-161, and all applicable deed restrictions.
B. The Monroe County Board of County Commissioners ("BOCC"), pursuant to
MCC § 130-161(b)(3), specifically finds and concludes that the Project furthers the policies of the
Comprehensive Plan and the purposes and intent of the County's inclusionary housing
requirement through means other than a strict application of the requirements of MCC§§130-
161(b)(2)(c) and 130-161(c)--(regarding unit computation and linkage ). Specifically, allowing
Applicant to use Reserved Units to construct affordable Off -site Units as contemplated herein
will further the County's policies regarding replacing mobile home parks with new permanent
residential rental structures, while at the same time promoting affordable housing.
V. 30CC DESIGNATION OF PROVIDER AS APPROVED NON -GOVERNMENTAL
ENTITY TO OVERSEE AFFORDABILITY RESTRICTIONS
A. Pursuant to MCC §130-161(f)(8)(c), a non -governmental organization approved
by the BOCC as an affordable housing provider may enter into a written agreement with the
County's Planning Director to authorize the non -governmental entity to administer the eligibility
S
Revised July 2, 2013
Doen 1947413
3kp 2645 P99 1732
and compliance requirements of affordable housing units which restrictions appear in MCC
§ 130-161, and applicable deed restrictions.
B. Provider has established sufficient competence to serve as an approved non-
governmental entity as contemplated in MCC §130-161(f)(8). Specifically, the principals of
Provider have extensive experience in operating affordable housing, have shown competency
and understanding of the appropriate deed restrictions and requirements of the County's
Affordable Housing Ordinances, and the Provider is otherwise competent and responsible to
serve in the capacity as an approved affordable housing provider,
C. Provider shall qualify all potential residents of any affordable housing unit
contemplated herein, and shall on June 1st of each year annually verify the employment and/or
income eligibility of tenants pursuant to MCC § 13 0-16 1 (f)(2).
D. Provider shall, by December 315t of each calendar year, provide written
certification to the County's Planning Department certifying that tenants of each affordable
housing unit contemplated herein meet the applicable employment and income requirements as
required by MCC § 130-161(f)(2).
E. Provider shall comply with all applicable portions of the Monroe County Code
and use the Monroe County Affordable Housing requirements in qualifying tenants.
F. Any successor Providers shall provide evidence acceptable to the Planning
Director of their qualifications. Following acceptance of the qualifications by the Planning
Director, the new Provider must be approved by the Board of County Commission within 60
days of a formal request to change Provider.
G. Applicant acknowledges that documents it receives in connection with providing
affordable housing may be public records under Florida law. Applicant shall allow and permit
reasonable access to, and inspection of, all documents, papers, letters or other materials in its
possession or under its control subject to the provisions of Chapter 119, Florida Statues, and
made or received by the County and Applicant in conjunction with this Agreement. County shall
have the right to unilaterally cancel this Agreement upon violation of this provision by
Applicant.
VI. RECORDATION AND EFFECTS DATE OF AGREEMENT
A. This Agreement shall be recorded by County in the Official Records Book of
Monroe County at the expense of Applicant. The Agreement shall run with the land and bind
Applicant's successors in interest.
B. Applicant specifically covenants, agrees and acknowledges that this Agreement
shall become effective only after all appeal periods related to any Order associated with
Applicant's Request for Minor Conditional Use have run.
Revised July 2, 2013
=ST.-
Print Name:
Doe" 1947413
BkN 2645 PqN 1733
V11. LIGNATMUS
YOR GEORGE
L1'k?r17LE PALM CC -
,a TAG'ES, LLC
0
By:
Print Name:
STATE OF FLORIDA
) ss:
COUNTY OF PALM BEACH )
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EASTWIND LITTLE PALM, LLC
Managing Member
JO F.WEIR
Ma6ging Member
I THEREBY CERTIFY that on this i -N2SLI.�2013 personally appeared jOHN
-�4, day of / , -
NVEIR as Managing Member of EASTWIND L=E pALWELC, MANAGING MEMBER OF
L=E PALM COTTAGES, LLC, a limited liability company under the laws of the State of
Florida, who is PmOmMY known to me, and he acknowledged before me that he executed the
foregoing document as his free act and deed as such officer(s), for the uses and purposes therein
mentioned, and that said instrument is the act and deed of said corporation.
IN WMiESStV7HBtBQF, I have hereunto set my hand and seal in the County and State
aforesaid as of this -4C day of _Ztaa2—,2013.
J
A
NOTARY PUBLfC
PATRM 0. LAINE
My COWSSION 4 EF U514,15
EXPIRES; January 16,2015
3 ied Thm Notary Pubft Undarojem Name of Notary Pub
STATE OF FLORIDA
Commission or Serial No.
My commission expires: 6 !S)
1 7
Revised July 2,2013
DocP 1947413
UN 2646 P90 1734
W51JIBIT ".A"
Lour 2 and 3, of HARRY BEACH, a subdivision of
Gavenunent Lot 5, and that port of Govern ment W %
3ottlon 28, Towrwhfp 86 South, Range 28 East, North of
U.S. Highway No. 1, on Little Torch Key, Monroo County,
Florida, according to the Plat thereof, recorded In Plat
awl; 2, Page 127, of the Public Records of Monroe
County, Florida.
A parcel of bay bottom kind In Pine Channel,, East of and
2djacant to I.ote 2 and 3 of "WRY REACH''
Subdivision, as recorded in Plat Rook 2, Pa" 127.
Pub0c RO=rds of Monroe County, Florida, said bay
bottom land lyft east of and acQacent to a print of
Government "Lot S, Simon 2.8, T'aiwnehlp BB Sow
,Range 28 9=4 on LOCI Torch f0y, Monroe County,
Florida„ wW being ,irons pardoularfy de jibed by mete&
and boundary as follows., COMMENCING gt the
3outhwerat corner of Government Lot 8, Swoon 28,
Township 66 South, Range 28 East, bear due north
along the lWa dlvkiisrg Government tots 8 and 7,
Seotlon 28, Township $6 8trtrlh, RaIW 22, Etat for a
disUnce of 1077,14 feet to a point; therire at right
,ingies and east across Barry Avenue and the north One.
of Lot 8 of aforementioned SARR'Y REACH Sum
"or s dtdtwwe of 3711 feet, more or tons; to a point on the
3arsterty shorsihm of Littls Torch Key, said point aso to
be known as the point of beginning of the pamal of bay
bottom fend hereinafter dazedbed; fr m gold point of,
beginning, continue Dearing east and aRM the north
line of Lot 3, extended sank for a distance of 200 feet to
a point; hence at right angle& and south'for it distance
of 415 feet, more or lass, to a point on the nurthwesterty
right of way line of t1.5. tflghway No. 1; thence bear
3outhwosterty along the narthweatsrty right of way ling
cf ". Highway No- 1 for s distance of 150 feat, room or
I338, to a point whore said northwesfaerfy right of way
line Intersects the shoreilne; thence hear roritaa terly
along tha easterly shoreline of lithe Torch Key for a
distance of 450 feet, more or less, back to the Point of
3eginning.
+1 [ ° 7 g
ae p 1947413
D8N 2646 1`914 1733
MONROE COUNTY, I+'LORIDA
MINOR CONDITIONAL USE PERMIT
(DEVELOPMENT ORDER NO.02-13
A DEVELOPMENT ORDER APPROVING A MINOR
CONDITIONAL USE PERMIT FOR THE DEVELOPMENT OF 48
ATTACHED RESIDENTIAL DWELLING UNITS AND
ACCESSORY STRUCTURES AT PROPERTY LEGALLY
DESCRIBED AS LOTS 2 AND 3, BARRY BEACH (PB2-127),
LITTLE TORCH KEY, MONROE COUNTY, FLORIDA AND
HAVING REAL ESTATE NUMBER 00214970.000000.
WHEREAS, during a regularly scheduled meeting held on April 23, 2013, the
Development Review Committee of Monroe County conducted a review and consideration of the
request by Mitchell Planning & Design, Inc., on behalf of Little Palm Cottages, LLC, for a minor
conditional use permit pursuant to § 110-69, § 130-93 and § 130-98 of the Monroe County Code;
and
WHEREAS, the subject property is located at 133 Barry Avenue, Little Torch Key, at
approximate mile marker 28.5, and is legally described as Lots 2 and 3, Barry Beach (PB2-127),
Little Torch Key, Monroe County, Florida, having real estate number 00214970.000000; and
EREAS, the applicant requested a minor conditional use permit in order to redevelop
the subject property with 48 attached residential dwelling units and accessory structures; and
WHEREAS, the Development Review Committee and the Chair of the Development
Review Committee, the Monroe County Senior Director of Planning &. Environmental
Resources, reviewed the following documents and other information relevant to the request:
1. Minor Conditional Use Permit application (File ##2013-033) received by the Monroe
County Planning & Environmental Resources Department on March 8, 2013; and
2. Existing Conditions, SWPP Plan, and Demolition Plan (C2) by W. F. McCain &
Associates, Inc., dated February 2013 and sealed on February 27, 2013, and
3. Site and Utilities Plan (0) by W. F. McCain & Associates, Inc., dated April 23, 2013
and sealed on May 1, 2013; and
4. Conceptual Planting Plan (LA:01) by Mitchell Planning & Design, Inc., dated
February 26, 2013 and revised April 23, 2013; and
Development Order #02-13 Page 1 of 7
File #2013-033
oott 19�47413
BOl3N 2646 P94 1736
S. Landscape Notes (LA.02) by Mitchell Planning & Design, Inc., dated February 26,
2013 and revised April 23, 2013; and
6. Interior Duplex (A-1) by Little Patin Cottages, LLC, dated February 18, 2013 and
revised April 30, 2013; and
7. Oceanfront Duplex (A-2) by Little Palm Cottages, LLC, dated February 18, 2013 and
revised April 30, 2013; and
8. Interior Duplex (A-3) by Little Palm Cottages, LLC, dated February 18, 2013; and
9. Topographic Survey by William M. Hinckley, dated February 6, 2013; and
10. Staff report prepared by Timothy Finn, Planner, dated April 18, 2013; and
11. Comments by the Development Review Committee and Monroe County staff; and
12. Comments by the applicant and its representatives; and
WHYMAS, based upon the information and documentation submitted, the Senior
Director of Planning & Environmental Resources made the following Findings of Fact:
1. The majority of the subject property is currently within an Urban Residential (UR)
land use (zoning) district (to the north), with the remaining area is within a Suburban
Commercial (SC) land use district (to the south); and
2. Consistent with the boundary line of the Urban Residential (UR) land use district, the
property is within a Residential High (RH) Future Land Use Map (FLUM) category.
Consistent with the boundary line of the Suburban Commercial (SC) land use district,
the property is within a Mixed Use(Commercial (MC) FLUM category.
3. The subject property has a tier designation of tier 3; and
4. At the time of application, the subject property was only developed with a single
family dwelling unit and a docking facility; and
S. The subject property was previously developed with a mobile home park. A May 3,
2007 letter of development rights determination by the Monroe County Planning &
Environmental Resources Department affirms that 48 dwelling units were lawfully
established on the subject property, and thereby their redevelopment is exempt from
the Residential Rate of Growth Ordinance (ROGO) permit allocation system, and
4,796 square feet of nonresidential floor area was lawfully established, and thereby its
replacement is exempt from the Nonresidential Rate of Growth Ordinance (NROGO)
permit allocation system; and
6. Pursuant to §130-48 of the Monroe County Code, the purpose of the UR district is to
provide areas appropriate for high -intensity residential uses designated and intended
for occupancy by persons gainfully employed in the Florida Keys and to create areas
to provide for vacation rental use of detached dwellings, duplexes, and multifamily
dwellings; and
Development Order ##02-13 Page 2 of 7
File #2013-033
Doc## 1947413
Bk#i 2646 P90 1737
7. Pursuant to §130-43 of the Monroe County Code, the purpose of the SC district is to
establish areas for commercial uses designed and intended primarily to serve the
needs of the immediate planning area in which they are located; and
S. All of the attached residential dwelling units would be located within the UR area of
the subject property. Pursuant to §130-98 of the Monroe County Code, in the UR
district, attached residential dwelling units may be permitted with a minor conditional
use permit; and
9. Accessory structures, including but not limited to a clubhouse, swimming pool, a
parking; lot and docking facilities, would be located in the UR and SC areas of the
subject property. Pursuant to §130-98 and §130-93, in the UR and SC districts
respectively, accessory uses and structures are permitted as of right; and
10. Pursuant to § 110-69 of the Monroe County Code, the Director of planning &
Environmental Resources is authorized to approve applications for minor conditional
use permits in accordance with the standards provided in § 110-67; and
11. § 110.-67 of the Monroe County Code provides the standards which are applicable to
all conditional uses. When considering applications for a conditional use permit, the
Senior Director of Planning & Environmental Resources shall consider the extent to
which:
a. The conditional use is consistent with the purposes, goals, objectives and
standards of the Monroe County Year 2010 Comprehensive Plan and Monroe
County Code; and
b. The conditional use is consistent with the community character of the immediate
vicinity of the parcel proposed for development; and
c. The design of the proposed development minimizes adverse effects, including
visual impacts, of the proposed use on adjacent properties; and
d. The proposed use will have an adverse effect on the value of surrounding
properties; and
e. The adequacy of public facilities and services, including but not limited to
roadways, park facilities, police and fire protection, hospital and Medicare
services, disaster preparedness program, drainage systems, refuse disposal, water
and sewers, judged according to standards from and specifically modified by the
public facilities capital improvements adopted in the annual report required by the
Monroe County Code; and
f The applicant for conditional use approval has the financial and technical capacity
to complete the development as proposed and has made adequate legal provision
to guarantee the provision and development of any open space and other
improvements associated with the proposed development; and
g. The development will adversely affect a known archaeological, historical or
cultural resource; and
h. Public access to public beaches and other waterfront areas is preserved as a part of
the proposed development; and
Development Order #02-13 Page 3 of
Pile #2013-033
Doch
Bkp 264674Pgp 1738
i. The proposed use complies with all additional standards imposed on it by the
particular provision of this chapter authorizing such use and by all other
applicable requirements of the Monroe County Code; and
I2. Developments requiring a conditional use permit shall be consistent with the Monroe
County Comprehensive Plan; and
13. Developments requiring a conditional use permit shall be consistent with the
Principles for Guiding Development in the Florida Keys Area of Critical State
Concern; and
WEMREAS, the Senior Director of Planning & Environmental Resources made the
following Conclusions of Law:
1. The minor conditional use permit application is consistent with all of the provisions
and intent of the Land Development Code of the Monroe County Code; specifically:
a. The development is consistent with the purposes of the UR and SC districts, as set
forth in §130-48 and §130-43; and
b. The land uses of the development are permitted in the UR and SC districts, as set
forth in §130-98 and §130-93; and
c. Following the execution of the provided conditions, the development shall meet
all of the standards for a conditional use permit as set forth in § 110-67 of the
Monroe County Code; and
2. The minor conditional use permit application is consistent with the provisions and
intent of the Monroe County Year 2010 Comprehensive Plan; specifically:
a. The development is consistent with the purpose of the Residential High (RH)
future land use category, as set forth in Policy 101.4.4; and
b. The development is consistent with the purpose of the Mixed Use / Commercial
(MC) future land use category, as set forth in Policy 101.4.5; and
3. The development is consistent with the Principles for Guiding Development in the
Florida Keys Area of Critical State Concern; and
'HEREAS, at the April 23, 2013 meeting, the Development Review Committee
required the applicant to revise the site plan to show full compliance with the land development
regulations prior to issuance of a development order. The applicant submitted a revised site plan
on May 1, 2013 (Site and Utilities Plan (0) by W. F. McCain & Associates, Inc., dated April
23, 2013 and sealed on May 1, 2013); and
'NMREA.S, at the April 23, 2013 meeting, the Development Review Committee
required the applicant to revise the building elevations to show full compliance with the
maximum height requirement prior to issuance of a development order,. The applicant submitted
revised building elevation plans on May 1, 2013 (Interior Duplex (A-1) by Little Palm Cottages,
LLC, dated February 18, 2013 and revised April 30, 2013 and Oceanfront Duplex (A-2) by Little
Palm Cottages, LLC, dated February 18, 2013 and revised April 30, 2013); and
Development Order #02-13 Page 4 of 7
File #2013-033
Doeq 1947413
ka 2646 P9N 1739
'VMREAS, at the April 23, 2013 meeting, the Development Review Committee
required the applicant to revise the landscape plan to show fill compliance with the landscaping
and bufferyard requirements prior to issuance of a development order. The applicant submitted a
revised landscape plan on April 29, 2013 (Conceptual Planting Plan (LA.01) by Mitchell
Planning & Design, Inc., dated February 26, 2013 and revised April 23, 2013); and
'SEAS, the Senior Director of Planning & Environmental Resources has duly
considered the recommendation of staff and the information and documentation submitted by the
applicant; and
WHEREAS, the record established, the testimonies offered, and the evidence submitted,
support the Findings of Fact and Conclusions of Law adopted; and
'NOW THEREFORE, BE IT RESOLVED By THE DIRECTOR OF PLANNING &
ENVIRONAMNTAL RESOURCES OF MONROE COUNTY, FLORIDA that the request
for a Minor Conditional Use Permit is hereby APPROVED, subject to the following conditions;
1. Prior to the recording of this development order in the official records of Monroe County
and the minor conditional use permit thereby taping effect, the applicant shall either a)
submit a plan to comply with the inclusionary housing requirements that can be approved
administratively by the planning director or b) submit a plan to comply with the
inclusionary housing requirements via altemiative compliance or another permitted
method and have the plan approved by all non -administrative parties, including but not
Iimited to the board of county commissioners.
2. Prior to the issuance of a building permit(s), the proposed development and structures
shall be found in full compliance by the Monroe County Building Department and the
Office of the Fire Marshal.
3. Prior to the issuance of each building permit for an attached residential dwelling unit
building, the Director of Planning & Environmental Resources shall review the
application and approve the designs to ensure that the structures are visually compatible
and consistent with the community character. Similar and consistent design and materials
shall be utilized. Further, architectural details that provide visual interest and break up the
structural mass shall be incorporated.
4. There shall be curbing and/or landscaping to delineate between the internal roadways and
. their adjacent walkways.
Date
Ada Mayt6 S a,
Acting Director of Planning & Environmental Resources
Development Order #02-13 Page 5 of 7
File #2013-033
DocO 1947423
8kN 2646 PqN 1740
I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State aforesaid
and in the County aforesaid, to take acknowledgments, personally appeared Ada Mayt6
Santamaria, to me known to be the person described in and who executed the foregoing
instrument and she acknowledged before me that she executed the same.
WITNESS my hand and official seal in the County and State last aforesaid this;, " dray of
2013.
NOTAR PUBL STATE OF
ram:
a r MAYRA TSZANQ
Wary Public - WO Fly
My 0MM. f�U"May 1 Q, 2Q16
o mmleafan 0 EE ISOM
Development Order #02-13 Page b of 7
He #2013-033
Bis
kN 64674P9U 1741.
Ivy
Section 110-72(a) of the Monroe County Code states that a conditional, use permit shall not be
transferred to a successive owner without notification to the Planning Director 15 days of the
transfer.
Pursuant to Section 110-73(a)(2) of the Monroe County Code, all required building permits and
certificates of occupancy shall be procured within three (3) years of the date on which the minor
conditional use approval is recorded and filed in the official records of Monroe County, or the
minor conditional use approval shall become null and void with no further action required by the
county. Approval time frames do not change with successive owners. Extensions of time to a
minor conditional use approval may be granted only by the Planning Director for periods not to
exceed one (1) year. Applications for extensions shall be made prior to the expiration dates.
Extensions to expired minor conditional use approvals shall be accomplished only by re-
application for the minor conditional uses. When a hearing officer has ordered a conditional use
approval initially denied by the Planning Director, the Planning Director shall nonetheless have
the authority to grant or deny a time extension under this section. If the Planning Director denies a
time extension, the holder of the conditional use may request an appeal of that decision under
chapter 102, article VI, division 2 by filing the notice required by that article within 30 days of the
written denial of the Planning Director.
This instrument shall not take effect for 30 days following the date in which the document is
signed by the Planning Director. During these 30 days, this instrument shall be subject to appeal
as provided in Section 102-185 of the Monroe County Code. Such an appeal stays the
effectiveness of this instrument until the appeal is resolved by agreement or order. In addition,
please be advised that pursuant to Chapter 91-1, Florida Administrative Code, this instrument
shall not take effect for 45 days following the rendition of the State Land Planning Agency.
During these 45 days, the State Land Planning Agency may appeal this instrument. Such an
appeal stays the effectiveness of this instrument until the appeal is resolved by agreement or
order.
If this development order is appealed under Monroe County Code or by the State Land Planning
Agency, the above time limits shall be tolled until the appeals are resolved.
Development Order #02-13 page 7 of 7
File #2013-033
'e�K'H 113 rr 11, C vt
DocU 9kp 264674P94 1742
Exhibit C
to
Agreement between Monroe County and Little Palm Cottages LLC
RESTRICTIVE COVENANT FOR
AFFORDABLE HOUSING DWELLING UNITS IN MONROE COUNTY, FLORIDA
BY LITTLE PALM COTTAGES LLC
MONROE COUNTY AFFORDABLE HOUSING DEED RESTRICTION
This Deed Restriction is made and entered into this _ day of
201 by Little Palm Cottages, LLC, a Florida limited liability company (hereinafter "Little
Palm") whose principal mailing address is 5604 PGA Boulevard, Suite 109, Palm Beach
Gardens, Florida 33418.
This Deed Restriction encumbers the property commonly referred to as Real Estate
Parcel # 00214970-000000 located in Monroe County, Florida, and more particularly described
below and hereinafter referred to as "the Property":
See ExhibitA attached
WHEREAS, Little Palm is the owner of the Property and through its Managing Member
signing below is agreeing to and filing this Deed Restriction; and
WHEREAS, Little Palm entered into an Agreement to Reserve Affordable Housing
ROGO Allocations, Link Construction of Affordable Dwelling Units and Provide
Authorization to Qualify Applicants for Affordable Housing (Agreement) with Monroe
County recorded in the Public Records of Monroe County at OR Book Page
and,
WHEREAS, Little Palm has agreed to restrict the use of 14 of the 48 units on the
Property mentioned in the Agreement as Affordable Housing for the use of households
with moderate income or lower;
NOW, THEREFORE, Little Palm agrees that the Property shall be subject to the
following restrictions, covenants and conditions, which shall run with the Property for the
term of this Deed Restriction as set forth below.
1. Forty-eight dwelling units are to be developed on the Property.
1 This Deed Restriction is being filed to comply with the requirements of Monroe
CountyCode Sec. 130-161(b), to provide affordable housing.
3. Fourteen dwelling units developed on the Property shall be hereby deed restricted for
a period of ninety-nine (99) years to the use and occupancy of households with moderate
MC 20130702(3)
Doc# 1947413
8kp 2640 PgO 1743
or lower income ("Affordable Housing") as defined in the Monroe County Code. So
long as the units restricted hereunder are operated as rental units, the rental rates shall not
exceed the amount, not including utilities, which does not exceed 30 per cent of the
amount that represents 120 percent of the monthly median adjusted household income for
Monroe County.
4, During the term of this Deed Restriction, tourist housing use and vacation rental use of
the dwelling units is strictly prohibited. Each affordable housing dwelling unit shall meet
all standards required by Monroe County Sec. 130-161(b)(5)(c). Each unit shall contain a
minimum of 400 square feet of habitable floor area and the average of any units used as
affordable housing shall be no less than 700 square feet of habitable floor area.
5. This Deed Restriction shall be in effect for a period of ninety-nine (99) years. It shall
commence upon the issuance of the Certificates of Occupancy for the 48 dwelling units.
However, in the event the forty-eight(48) units on the Property are not completed
according to the Agreement, but certificates of occupancy are issued for a portion of the
dwelling units, thirty percent shall be designated as affordable housing subject to this
deed restriction. At all times, no more than thirty—four (34) of the dwelling units may be
used as market rate housing.
6. Little Palm shall file an annual report on July 1 of each year after construction of the
dwelling units showing the units designated as affordable housing, the occupancy and
rental rates, the income qualification, and any other information reasonably requested by
the Planning Director.
7. Pursuant to the Agreement, nineteen (19) affordable housing ROGO allocations are
being reserved according to a Board of County Commissioners Resolution No.
in order to allow the fourteen (14) affordable housing units on this property to revert to
market rate ROGO exempt status. In order to allow the fourteen (14) units to become
market rate, a total of (19) affordable housing units are required to be constructed off site.
As the units are constructed off site, the number of units on the Property designated as
affordable housing may be set forth in an amendment to this deed restriction and filed in
the public records of Monroe County. For every four (4) offsite units which are granted
certificates of occupancy and are deed restricted as affordable housing, the County will
release from the Project's Affordable Housing Deed Restriction three (3) of the
affordable housing units on the Property. Once twelve (12) of the Property's affordable
housing deed restricted units have been released from the Project's Affordable Housing
Deed Restriction, three (3) offsite units must be granted certificates of occupancy and
deed restricted in order for the final two (2) deed restricted affordable housing units to be
released from this Affordable Housing Deed Restriction. If the offsite units are not
constructed and deed restricted prior to December 31, 2021, fourteen (14) units of the
forty-eight (48) built on site shall be permanently designated as the affordable housing,
and the Monroe County Planning Director shall be notified. Notwithstanding , and in
addition to , any provision of the Agreement, this Deed Restriction, or the county's Land
Development Regulations, Little Palm shall, within three (3) business days of receiving
MC 20130702(3)
D;cn 1947413
B 4 2646 P9N 1744
an inquiry from Monroe county, identify with detail and specificity, which fourteen (14)
of the forty-eight (48) units are being operated as affordable housing.
8. Notwithstanding any other provisions of the Agreement or this deed restriction, if the
forty-eight (48) dwelling units become anything but rental units, all dwelling units on the
Property which are then subject to this deed restriction shall be restricted as affordable
housing, specifically designated, and the Planning Director shall be notified. The units so
designated are restricted for a period of the remainder of the ninety-nine (99) years for
use by households of moderate income with an adjusted gross annual income of no
greater than one hundred sixty (160) percent of the median adjusted gross annual income
for owner occupied households within Monroe County, if the owner(s) occupies the
dwelling unit under a condominium regime or other form of individual unit ownership.
Sales price shall be no more than a price not exceeding 3.75 times the annual median
household income for the county for a one bedroom or efficiency unit, 4.25 times the
annual median household income for the county for a two bedroom unit, and 4.75 times
the annual median household income for the county for a three or more bedroom unit as
prescribed by Monroe County Code Sec. 130-161 (b)(5)(c)(1) . All other provisions of the
Monroe County Code regarding income and sales or rental rates shall apply.
9. This Deed Restriction is a restriction running with the land. Subdivision, platting, or
similar division of property, or conveyance of a property interest to another party does
not nullify this covenant.
10. The terms of this Deed Restriction shall be interpreted under the laws of the State of
Florida. Venue shall lie in Monroe County, Florida.
11. There is not, and will not be, a mortgage or other instrument evidencing debt
encumbering the Property at the time of filing this deed restriction. If there is such an
instrument of record, a joinder of the mortgagee or other creditor shall be attached.
12. The Deed Restriction shall be binding upon any transferees, lessees, heirs, assigns or
successors to ownership, for all present and future owners. All transfers of this Property
or any portion thereof shall reference this Deed Restriction and the OR Book and Page
where it is recorded in the public records of Monroe County.
BALANCE OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
MC 20130702(3}
Doe# 1947413
8k4 2646 P94 1745
WITNESSES: LITTLE PALM COTTAGES, LLC
BY:
Signature - John F. Weir,
Managing Member of
Print Name Eastwind Little Palm, LLC the
Managing Member of Little
Palm Cottages LLC
Signature
Print Name
The foregoing instrument was acknowledged before me this day of
2013 by John F. Weir as Managing Member of Eastwind Little Palm LLC , Managing Member
of LITTLE PALM COTTAGES LLC who is/are personally known to me or has produced
as identification.
My Commission Expires:
Notary Public (Signature)
Notary Public (Print Name)
MC 20130702(3)
i'i0NR0E COUNTY
OFFICIAL RECORDS
EXHIBIT B
LITTLE PALM COTTAGES, LLC
5604 PGA Boulevard, Suite 109
Palm Beach Gardens, FL 33418
(PH) (561) 370-6600 (Fax) (561) 370-6601
August 26, 2014
Ms. Christine Hurley, Division Director
Monroe County Growth Management
Marathon Goven unent Center
2798 Overseas Highway
Marathon, F133050
RE: Little Palm Cottages, LLC
Authorization to enter into Interlocai Agreement with the City of Marathon
Dear Ms. Hurley:
This letter will confirm that Little Palm Cottages, LLC requests and authorizes Monroe County
to enter into an Interlocal Agreement with the City of Marathon to transfer up to nineteen (19)
affordable housing moderate income ROGO allocations from Monroe County to the City of
Marathon for allocation to the Tarpon Harbour project.
If you have any questions regarding this letter, please do not hesitate to contact me.
Sincerely yours,
LITTLE PALM COTTAGES, LLC
BY: EASTWIND LITTLE PALM, LLC
Managing Member
By: J vl� G V' I '- ! ,d
JOHT� F. WEIR
Managing Member
JFWlllr
EXHIBIT C
RESOLUTION NO. 208A-2013
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS RESERVING 19
AFFORDABLE HOUSING DWELLING UNIT
ALLOCATIONS TO BE USED OFFSITE FOR LINKAGE
TO THE LITTLE PALM COTTAGES LLC PROJECT
LOCATED AT 133 BARRY AVENUE, HAVING REAL
ESTATE NO. 00214970.000000.
WHEREAS, Little Palm Cottages LLC is redeveloping property located at 133 Barry
Avenue, Barry Beach Subdivision, Little Torch Key, Real Estate number 00214970.000000
formerly known as Lucky's Landing Trailer Park (Project); and
WHEREAS, Monroe County recognizes that there are 48 ROGO Exemptions for the
property previously known as Lucky's Landing Trailer Park; and
WHEREAS, Monroe County Code Section 130-161(b) requires thirty percent (30%) of
the redeveloped residential units to be affordable housing units restricted by an appropriate deed
restriction; and
WHEREAS, the project will require 30% of the total units constructed to be deed
restricted as affordable housing; and
WHEREAS, if the Little Palm Cottages Project is redeveloped without a linkage
component to other sites, 14 affordable units would be required without the necessity for a
reservation [14 residential dwelling units are required to be deed -restricted as affordable housing
(30% of 48 = 14.4)]; and
WHEREAS, if the Little Palm Cottages Project is redeveloped with 48 ROGO exempted
market rate units onsite with an off -site linkage component, then 19 additional affordable units
would be required {48 onsite units + 14 off -site units = 62 total units, 30% of 62 = 18.6)1; and
WHEREAS, Monroe County and Little Palm Cottages, LLC are entering into an
Agreement of this same date (Agreement between Monroe County, Florida and Little Palm
Cottages, LLC to Reserve Affordable Housing ROGO Allocations, Formalize an Alternative
Compliance to the Inclusionary Housing Requirements/Linkage of Project Plan) to reserve
affordable housing ROGO allocations, and formalize an alternative compliance to the
inclusionary housing requirements/linkage of the project with construction of affordable housing
units off -site; and
WHEREAS, the Project will include the development of 14 affordable housing units at
133 Barry Ave, Barry Beach Subdivision, Little Torch Key, Real Estate Number
00214970.000000; and
Little Palm Cottages LLC AFH Reservation l of 3
WHEREAS, the applicant is requesting to reserve 19 affordable housing allocations
through December 31, 2021, to construct 19 affordable housing units off site, to satisfy the
inclusionary housing requirement; and
WHEREAS, Monroe County Code Section 138-24(b) `Reservation of affordable
housing allocations,' states: Notwithstanding the provisions of section 138-26 for awarding of
affordable housing allocations, the board of county commissioners may reserve by resolution
some or all of the available affordable housing allocations for award to certain sponsoring
agencies or specific housing programs consistent with all other requirements of this chapter.
Building permits for these reserved allocations shall be picked up within six months of the
effective reservation date, unless otherwise authorized by the board of county commissioners in
its resolution. The board of county commissioners may, at its discretion, place conditions on any
reservation as it deems appropriate. These reservations may be authorized by the board of
county commissioners for:
(1) The county housing authority, nonprofit community development organizations,
pursuant to section 130-161(e), and other public entities established to provide
affordable housing by entering into a memorandum of understanding with one or
more of'these agencies;
(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;
(3) Specific affordable or employee housing projects sponsored by nongovernmental not -
for -profit organizations above upon written request from the project sponsor and
approved by resolution of the board of county commissioners;
(4) Specific affordable or employee housing programs sponsored by the county pursuant
to procedures and guidelines as may be established from time to time by the board of
county commissioners;
(5) Specific affordable or employee housing projects by any entity, organization, or
person, contingent upon transfer of ownership of the underlying land for the
affordable housing project to the county, a not -for -profit community development
organization, or any other entity approved by the board of county commissioners,
upon written request from the project sponsor and approved by resolution of the
board of county commissioners; or
(6) Rental employee housing projects situated on the same parcel of land as the
nonresidential workplace for the tenants of these projects, upon written request from
the property owner and approved by resolution of the board of county commissioners.
WHEREAS, Monroe County Code Section 138-24(c) Affordable housing allocation
awards and eligibility, states:
(4) No affordable housing allocation shall be awarded to applicants located within a tier I
designated area, within a V-zone on the county's flood insurance rating map, within a
tier II designated area on Big Pine Key and No Name Key, or within a tier III -A (special
Little Palm Cottages LLC AFH Reservation 2 of 3
protection area) if clearing is proposed for any portion of an upland native habitat
patch of a one acre or greater in area.
(S) Only affordable housing allocations for Big Pine Key may be used on Big Pine Key.
No affordable housing allocation may be used on No Name Key.
WHEREAS, the immediate construction of the 14 affordable housing units on the
Project property and potential construction of 19 affordable housing units off -site to replace the
14 on -site is in the public interest; and
WHEREAS, the reservation of affordable housing allocations for the anticipated project
does not exempt the project from applicable requirements of the Monroe County Land
Development Regulations, Building Code and other regulatory requirements; and
WHEREAS, the affordable housing units will need to be completed according to the
terms of the Agreement; and
WHEREAS, Little Palm Cottages, LLC shall obtain all required approvals from the
Monroe County Planning & Environmental Resources Department for the project and for the
proposed off -site affordable housing units for "linkage" to the project.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. Nineteen (19) affordable housing allocations are reserved for Little Palm
Cottages LLC until December 31, 2021.
Section 2. The building permits for the affordable housing units are to be issued by
December 31, 2021.
Section 3. The certificates of occupancy for the 19 units which are to be built off -site
shall be issued according to the terms of the Agreement (Exhibit A).
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
at a regular meeting held on the 17 day of July, 2013.
Mayor Neugent
Yes
Mayor Pro Tern Carruthers
Yes
Commissioner Rice
Yes
Commissioner Kolhage
Yes
Commissioner Murphy
Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor George Neugent
ATT Py,, yliJERK
DEP CLERK
Little Palm Cottages LLC AFH Reservation 3 of 3
,- TYATTOrtiNEY
GV-p AS TO FORM:
M. GR11MSL
.. C
ORNEY
UNITY ATT
EXHIBIT D
This Instrument Prepared By:
Timothy J. Koenig, Esq.
Koenig Highsmith & Van Loon, P.A.
3158 Northside Drive
Key West, FL 33040
ASSIGNMENT
This Assignment ("Assignment") is made as of this JL. day of A�A4&+ , 2014, by
LITTLE PALM COTTAGES, LLC, a Florida limited liability company ("Ass or"), in favor of
MARATHON OCEAN HOUSING, LLC, a Florida limited liability company ("Assignee").
RECITALS:
WHEREAS, Assignor, pursuant to that certain Agreement between Monroe County,
Florida and Little Palm Cottages, LLC to Reserve Affordable Housing ROGO Allocations,
Formalize an Alternative Compliance to the Inclusionary Housing Requirements/Linkage of
Project PIan, and Provide Little Palm Cottages, LLC with Authorization to Qualify Applicants
for Affordable Housing Occupancy ("Linkage Agreement"), dated July 13, 2014, and recorded
in Official Records Book 2646, at Page 1727 in the Public Records of Monroe County, has
certain rights associated with the Linkage Agreement; and
WHEREAS, Assignor and Assignee have, therefore, agreed that it is mutually beneficial
and appropriate for Assignee to acquire Assignor's rights under and in connection with
Paragraph III.E. of the Linkage Agreement by way of this Assignment.
NOW, THEREFORE, in consideration of the sure of TEN AND NO/100 DOLLARS
($10.00) and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, Assignor does hereby assign all of Assignor's rights pursuant to
Paragraph III.E. of the Linkage Agreement in order to allow the allocations referenced therein to
be used at the Assignee's project, Tarpon Harbour, located in Marathon, Monroe County,
Florida.
This Assignment is for a total of 19 Monroe County Rate of Growth Ordinance
affordable housing allocations to be used in the Tarpon Harbour project, to provide the
remaining allocations necessary to construct the Tarpon Harbour project which includes the
affordable housing units as contemplated by the Linkage Agreement, and in order to satisfy
Assignor's requirements to construct affordable housing as required by Monroe County in order
to build its Little Torch Cottages project on Little Torch Key.
In the event that the affordable housing component of the Tarpon Harbour project is not
built or completed, then the allocations referenced herein as being assigned hereunder shall
revert to their status under the Linkage Agreement prior to execution of this Assignment as
though this Assignment had not been executed.
IN WITNESS WHEREOF, Assignor has executed this Assignment as of the date and
year first above written.
WITNESSES:
i
I
Signature
L ,
Print Name
v.
Siature
4 ttmv,5
Print Name
STATE OF FLORIDA
: ss
COUNTY OF PALM BEACH }
LITTLE PALM COTTAGES, LLC
BY: 1 ,
JOHN F. WEIR,
Managing Member of
EASTWIND LITTLE PALM, LLC, the
Managing Member of
LITTLE PALM COTTAGES LLC
The foregoing instrument was acknowledged before me this 1- day of August,
2014 by John F. Weir, as Managing Member of EASTWIND LITTLE PALM, LLC, Managing
Member of LITTLE PALM COTTAGES, LLC,
My Commission Expires:
; gin?Y P"e PATH[CIA G. LAINE
u .*_ MY COMMISSION J EE 051435
=w. ,• ? rXPISES: Janusry 16, 2015
Bonded TM Rotary Pdh is Untie �n1e;s
2
who is personally known to me.
r,
Notary Public paWcia . Laine
Print Name
Sponsored by: Puto
CITY OF MARATHON, FLORIDA ®�/]
RESOLUTION 2014-100kL; tr
1"{
u
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MARATHON, FLORIDA, APPROVING AN INTERLOCAL
AGREEMENT BETWEEN THE CITY OF MARATHON, MONROE
COUNTY AND THE CITY OF MARATHON TO ALLOW AFFORDABLE
TRANSFERABLE BUILDING RIGHTS ACROSS JURISDICTIONAL
BOUNDARIES BETWEEN THE COUNTY; AND THE CITY,
AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY
TO FINALIZE THE TERMS AND CONDITIONS OF THE AGREEMENT,
AUTHORIZING THE MANAGER TO EXECUTE THE AGREEMENT,
AND PROVIDING FOR AND EFFECTIVE DATE
WHEREAS, the City of Marathon (the "City") recognizes the value of regional
partnerships in smart growth; and
WHEREAS, Monroe County and the City of Marathon have previously entered into
Inter -local Agreements to accept ROGO units and Development Rights; and
WHEREAS, Monroe County has been approached by Little Palm Cottages, LLC to
transfer nineteen (19) affordable ROGOs from Monroe County pursuant to Resolution No.
208A-2013 and the Agreement between Monroe County, Florida and Little Palm Cottages, LLC
to Reserve Affordable Housing ROGO Allocations, Formalize an Alternative Compliance to the
Inclusionary Housing Requirements/Linkage of Project Plan, and Provide Little Palm Cottages,
LLC with Authorization to Qualify Applications for Affordable Housing Occupancy ("Linkage
Agreement"), for a residential rental project in the City of Marathon; and
WHEREAS, the City of Marathon, Florida has recognized and conceptually authorized
the transfer of affordable transferable building rights from Little Palm Cottages, LLC through the
approval of a Conditional Use Permit (Resolution 2014-76), a Development Agreement
(Resolution 2014-77), and the allocation of both affordable (19) and market rate (9) BPAS
residential units (Resolution 2014-78) for Tarpon Harbour (Marathon Ocean Housing, LLC); and
WHEREAS, Monroe County and the City of Marathon recognize the potential economic
value of such transferable rights; and
WHEREAS, this Agreement is entered into according to the authority of Florida
Statutes, Section 163.01, et. seq., Florida Inter -local Cooperation Act of 1969, which states:
"It is the purpose of this section to permit local government units to make the
most efficient use of their powers by enabling them to cooperate with other
localities on a basis of mutual advantage and thereby to provide services and
facilities in a manner and pursuant to forms of governmental organization that
will accord best with geographic, economic, population, and other factors
influencing the needs and development of local communities."; and
WHEREAS, the comprehensive plans of Monroe County and the City of Marathon
expressly identify inter -local agreements as a means of resolving issues mutually affecting their
respective jurisdictions; and
WHEREAS, the parties have determined that this Agreement is in the best interests of
the public,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MARATHON, FLORIDA, THAT:
Section 1. The above recitals are true and correct and incorporated herein by this
reference.
Section 2. The City Council hereby approves the Inter -local Agreement between
Monroe County and the City, a copy of which is attached hereto as Exhibit A. The City Council
further authorizes the Mayor to execute the Inter -local Agreement on behalf of the City Council.
Section 3. The City Council hereby further approves the transfer of nineteen (19)
affordable transferable building rights from the Little Palm Cottages, LLC within the jurisdiction
of Monroe County, Florida to Tarpon Harbour (Marathon Ocean Housing, LLC.), within the
jurisdiction of the City of Marathon, Florida.
Section 4. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the City of Marathon, Florida, this 271h
day of August, 2014.
THE CITY OF MARATHON, FLORIDA
c %,, 2
Dick Ramsay, Mayor
AYES:
Bartus, Bull, Keating, Senmartin, Ramsay
NOES:
None
ABSENT:
None
ABSTAIN:
None
ATTEST:
-'pRbnLL
Diane Clavier, City Clerk
APPROVED AS TO FORM AND LEGALITY FOR THE USE AND RELIANCE OF THE
CITY OF MARATHON, FLORIDA ONLY:
Lynn, . Dannheisser, City Attorney
9/2/2014
Monroe County, FL land Development Code
Sec. 130-161. -Affordable and employee housing; administration.
(a)Geners iy.
(1)NotWthstanding the density limitations in section 130-157, the owner of a parcel of land shall be entitled to:
a.Develop affordable and employee housing as defined in section 101-1, on parcels of land classified as urban residential (UR) at an intensity up to a maximum net
residential density of 25 dwelling units per acre and on parcels of land classified as mixed use (MU) at an intensity up to a maximum net residential density of 18
dwelling units per acre.
b.Develop affordable and employee housing, as defined in section 101-1, on parcels of land classified as suburban commercial (Si at an intensity up to a maximum net
residential density of 18 dwelling units per acre and on parcels of land classified as urban residential UR at an intensity up to a maximum net residential density of 25
dwelling units per acre.
c.Develop market rate housing, as defined in section 101-1, as part of an affordable or employee housing project in accordance oath subsection (a)(8) of this section,
provided that on parcels of land classified as urban residential (UR), the maximum net residential density shall not be greater than 18 dwelling units per acre.
(2)The maximum net residential density allowed per district and by this section shall not require transferable development rights (TDR) for affordable and employee housing
and market rate housing developed in accordance with subsection (a)(6) of this section.
(3)Market rate housing developed in accordance with subsection (a)(8) below shall be eligible to receive points pursuant to section 138-28(5).
(4)The requirements of this chapter for the provision of impact fees shall be waived for affordable and employee housing and any market rate housing developed in
accordance with subsection (a)(8) of this section.
(5)Notwlthstanding the provisions of this article, when calculating density, any existing lawfully established or proposed affordable or employee housing on a parcel and the
floor area thereof shall be excluded from the calculation of the total gross nonresidential floor area development that may be lawfully established on the parcel provided,
however, that the total residential density allowed on the site shall not exceed the maximum net density for affordable and employee housing.
(6)ln order for the owner of a parcel of land to be entitled to the incentives for affordable or employee housing outlined in this section and chapter 138, articles II and III, the
owner must ensure that:
a.The use of the affordable housing dwelling unit is restricted to households that meet the adjusted gross annual income limits for median -income as defined in section
101-1
b.Except as provided for under the special provisions for employer -owned rental housing as set forth under subsection (a)(6)k of this section, if the affordable housing
dwelling unit is designed for employee housing, the use of the dwelling is restricted to households that derive at least 70 percent of their household income from gainful
employment in the county and meet the adjusted gross annual income limits for median income as defined in section 101-1
c.The use of the affordable or employee dwelling unit is restricted for the period specified in section 101-1
d.Tourist housing use or vacation rental use of affordable or employee housing units is prohibited.
e.The parcel of land proposed for development of affordable or employee housing shall only be located within a tier III designated area or, within a tier III -A (special
protection area) designated area that does not propose the clearing of any portion of an upland native habitat patch of one acre or greater in area.
f.At the time of sale of an owner -occupied affordable unit, the total income of households eligible to purchase shall not exceed 120 percent of the median household
income for the county. However, a unit within a class of affordable housing eligibility may only be sold to a household within that same class, i.e., a median income
Ircusehold that purchased a home within this category must set! the home to a qualifying household within the median income category;
g.During occupancy of any affordable housing rental unit, not otherwise limited by state or federal statute or rule concerning household income, a household's annual
income may increase to an amount not to exceed 140 percent of the median household income for the county. If the income of the lessee exceeds this amount, the
tenant's occupancy shall terminate at the end of the existing lease term. The maximum lease for any term shall be three years or 36 months;
h.Affordable housing projects shall be no greater than 20 units unless approved by resolution of the county planning commission. The planning commission's decision
may be appealed to the board of county commissioners using the procedures described in section 102-185, With the board of county commissioners serving as the
appellate body for the purpose of this section only;
i.When establishing a rental and sales amount, the county shall assume family size as indicated in the table below. This section shall not be used to establish the
maximum number of individuals who actually live in the unit. This table shall be used in conjunction With the eligibility requirements created by section 101-1
Size of Assumed Family Size Minimum Occupancy
Unit
Efficiency
(no
separate
bedroom)
One 2
bedroom
Two 3 2
bedroom (Jiibrary/fIlmonroe_ county/land _development _code/CH102AD_ARTNPRLARI DIV3VER1) I
Three 4 3
bedroom (/li brary/fllmonroo_co untylla nddeve iopment_codeiC H
https:Ilwww.municade.corT library/fl/rnonroe_countylcodes/land de\A3iopment_code)?nodeld=CH130LAUSDI ARTVLAUSlN Sl3i-l6lAFEMHOAD&searchTe)d... 115
9/2/2014
Four or
more
bedrooms
Monroe County, FL Land Development Code
1 per bedroom
j.Except for tenants of employer -owned rental heusing, asset forth in subsection (a)(6)k. of this section, the income of eligible households shall be determined by
counting only the first and highest paid 40 hours of employment per week of each unrelated adult. For a household containing adults related by marriage or a domestic
partnership registered with the county, only the highest 60 hours of the combined employment hours shall be counted, which shall be considered to be 75 percent cf the
adjusted gross income. The income of dependents regardless of age shall not be counted in calculating a household's income; and
k.In the special case of employer -owned rental housing, as defined in section 101-1, employees shall be eligible as tenants of the affordable rental housing, if the income
of each tenant, as determined following the requirements in subsection (a)(Q. of this section, is not more than the 80 percent of the median income adjusted gross
income for households within the county. The tenants of this affordable employee housing shall be required to derive at least 70 percent of their income from within the county.
The maximum occupancy of employer -owned rental housing for employees shall be no more than two tenants per bedroom; with a maximum of three bedrooms per unit. The
total monthly (ease charged tenants for each dwelling unit shall not exceed 30 percent of the median adjusted gross annual income for households within the county, divided by
12.
(7)Commercial apartment dwelling units, as defined in section 101-1, shall only be eligible for the incentives outlined in this section if they meet the requirements of
subsection (a)(6) of this section for employee housing.
(8)If an affordable or employee housing project or an eligible commercial apartment designated for employee housing contains at least five dwelling units, a maximum of 20
percent of these units may be developed as market rate housing dwelling units. The owner of a parcel of land must develop the market rate housing dwelling units as an
integral part of an affordable or employee housing project. In order for the market rate housing dwelling units to be eligible for incentives outlined in this section, the owner must
ensure that:
a.The use of the market rate housing dwelling unit is restricted for a period of at least 30 years to households that derive at least 70 percent of their household income
from gainful employment in the county; and
b.Tourist housing use and vacation rental use of the market rate dwelling unit is prohibited.
(b)Incluslarary housing requirements.
(1)Purpose and intent.
The purpose of this subsection (b), consistent with Goal 601 of the plan, is to ensure that the need for affordable housing is not exacerbated by new residential development
and redevelopment of existing affordable housing stock. The intent of this subsection is to protect the existing affordable housing stock, to permit owners of mobile homes and
mobile home spaces to continue established mobile home uses consistent with current building and safety standards and regulations and to ensure that. as residential
development, redevelopment and mobile home conversions occur, plan policies regarding affordable housing are implemented.
(2)Applicabi€ity.
Except as provided in subsection (b)(3) of this section, the inclusionary housing requirements set forth below shall apply. Determinations regarding the applicability of this
subsection shall be made by the planning director. For purposes of calculating the number of affordable units required by this subsection, density bonuses shall not be counted
and only fractional requirements equal to or greater than .5 shall be rounded up to the nearest whole number.
a.Residential developments, other than mobile home or mobile home spaces covered by subsection (b)(2)b. of this section, that result in the development or
redevelopment of three or more dwelling units on a parcel or contiguous parcels shall be required to develop or redevelop at least 30 percent of the residential units as
affordable housing units. Residential development or redevelopment of three units on a parcel or contiguous parcels shall require that one developed or redeveloped unit be an
affordable housing unit. For the purpose of this section, and notwithstanding subsection (b)(2)b. of this section, any dwelling unit exceeding the number of lawfully established
dwelling units on site, which are created by either a THE or ROGO allocation award, shall be considered developed units.
b.The removal and replacement with other types of dwelling units of ten or more mobile homes that are located on a parcel or contiguous parcels and/or the conversion
of mobile home spaces located on a parcel or contiguous parcels into a use other than mobile homes shall be required to include in the development or redevelopment
a number of affordable housing units equal to at least 30 percent of the number of existing units being removed and replaced or converted from mobile home use or, in the
event the new use is nonresidential. to develop affordable housing units at least equal in number to 30 percent of the number of mobile homes or mobile home spaces being
converted to other than mobile home use. Removal and replacement or conversion to a different use of ten mobile homes or mobile home spaces or a parcei or contiguous
parcels shall require that three units be replaced or converted to deed -restricted affordable housing.
e.ln calculating the number of affordable housing units required for a particular project, or phase of a project, all dwelling units proposed for development or
redevelopment or mobile homes or mobile home spaces to be converted from mobile home use since the effective date of the ordinance from which this section is
derived shall be counted. In phased projects, the affordable housing requirements shall be proportionally allocated among the phases. If a subsequent development or
redevelopment is proposed following a prior development approved on the same property as it existed as of the effective date of the ordinance from which this section is
derived, which prior development did not meet the compliance thresholds set forth in subsection (b)(2)a. or (b)(2)b, of this section, the requirements of subsection (b)(2)a. or (b)
12)b. of this section shall be met as part of the subsequent development for all units proposed for development or redevelopment after the effective date of the ordinance from
which this section is derived.
(3)Exemptions and waivers.
a.The following uses shall be exempt from the inclusionary housing requirements set forth in subsection (b)(2)a. of this section, affordable housing, employee housing,
nursing homes, or assisted care living facilities.
b.The board of county commissioners may reduce, adjust, or waive the requirements set forth in this subsection (b) where, based on specific findings of fact, the board
concludes, with respect to any developer or property owner, that:
1.Strict application of the requirements would produce a result inconsistent with the plan or the purpose and intent of this subsection;
2.Due to the nature of the proposed residential development, the development furthers plan policies and the purpose and intent of this subsection through means
other than strict compliance with the requirements set forth herein;
3.The developer or property owner demonstrates an absence of any reasonable relationship between the impact of the proposed residential development and
requirements of this subsection (b); or
httpsJlvvww. muni code. corrdl ibrarylftlmonroe_county/codes/I and_deael opment_code/?nodeld=CH 136LAU SD I_ARTVLAU SINS 130-161 AF EM HOAD &searchTe>d... 215
9/2/2014 Monroe County, FL Land Development Code
4.The strict application with the requirements set forth herein would improperly deprive or deny the developer or property owner of constitutional or statutory rights.
c.Any developer or property owner who believes that he may be eligible for relief from the strict application of this section may petition the board of county commissioners
for relief under this subsection (b)(3) of this section. Any petitioner for relief hereunder shall provide evidentiary and legal justification for any reduction, adjustment or
waiver of any requirements under this section.
(4)Alternate compliance.
a.Compliance with this subsection may be achieved through the deed -restriction of existing dwelling units requiring that the affected units remain subject to the county's
affordable housing restrictions for a period not less than the period prescribed in subsection (5)(c)3., below, according to administrative procedures established by the
county.
The following example is set forth to illustrate potential application options: Example: Ownerldeveloper has 100 development rights • Option 1: Ownerldeveloper may build up to
70 market rate units and shall build 30 affordable units (using conventional compliance method.) The owner's 100 development rights yield a ratio of 70 market rate units and
30 affordable units. • Option 2: Ownerldeveloper may build up to 70 market rate units and shall purchase and deed -restrict 30 existing market rate units (in lieu cf building 30
new affordable units.) The owner's 100 development rights again yield a ratio of 70 market rate units to 30 affordable units. • Option 3: Ownerldeveloper may build up to 100
new market rates. If the developer wishes to use all 100 development rights for market rate development, his inclusionary compliance requirement to purchase and deed -restrict
existing market rate units increases, and in this case for example, calculates to 43 total affordable units. (The owner's 100 development rights yield a ratio of too market rate
b.units to 43 affordable units, which is equivalent to the ratio of 70 market rates to 30 affordables: 100143 = 70l30.)
In -lieu fees. The developer of a project subject to the requirements of this subsection (b) may contribute a fee in -lieu of the inclusionary housing requirements for all or
a percentage of the affordable housing units required by subsection (b)(2). The developer shall pay per unit in -lieu fees the current maximum sales price far a one -bedroom
affordable unit as established under section 130-161(a). All in -lieu fees shall be deposited into the affordable housing trust fund and spent solely for the purposes allowed for
that fund. The developer, along with any corresponding in -lieu fees, shall transfer to the county ownership of the associated ROGO-exempt development rights for any
affordable units) required by this section for which the in -lieu fee option is used.
c1and donation. Upon the acceptance of the board of county commissioners of a proposed onsite or offsite parcef (or parcels), a developer may satisfy the requirements
of this subsection by donating to the county, or other agency or not -for -profit organization approved by the board, one IS or URM lot for each unit required but not
provided through actual construction or in -lieu fees (or a parcel or parcels of land zoned other than IS or URM as long as the donated parcel(s) will support the development of
an appropriate number of affordable units). tots or other parcels so provided shall not be subject to environmental or other constraints that would prohibit immediate
construction of affordable housing units. The developer. along with any corresponding donated parcel(s), shall transfer to the county ownership of the assocated ROGO
allocations or ROGO-exempt development rights for any affordable unit(s) required under this section.
(5)Applicable standards.
a.Incentives. All incentives and bonuses provided by the land development and other regulations for the construction of affordable housing shall be available to builders
of affordable housing provided pursuant to this subsection (b) including, but not limited to, density and floor area ratio bonuses, residential ROGO allocation set asides
and points, and Impact fee waivers.
b. Developer financial responsibility.
1.If a developer does not elect to meet the requirements of subsection (b)(2) of this section through alternative compliance as set forth in subsection (b)(4) of this
section, or obtain approval for an adjustment to, a partial exemption from or a waiver of strict compliance pursuant to subsection (b)(3) of this section, the developer
must post a bond equivalent to 110 percent of the in -lieu fees that otherwise would have been required through the in -lieu alternate compliance option prior to the issuance of a
building permit for any market rate units. The county shall retain any bond money or guaranties in escrowuntil the affordable housing is completed, or for a period of three
years, whichever comes first. Upon the issuance of certificates of occupancy for the affordable housing units, the county shall release to the developer any bonds or guaranties
relating to the portion of the inclusionary housing requirement satisfied. If the developer has not satisfied the requirements of this section by completing the required affordable
housing units within three years, all or the corresponding portion of the bond funds shall be forfeited to the affordable housing trust fund.
2.11' the applicant elects to pursue alternative compliance as set forth in subsection (b)(4) of this section, any in -lieu fees must be paid or parcels donated prior to the
issuance of a building permit for any market rate unit.
c.Standards. Affordable housing provided pursuant to subsection (b)(2) of this section shall comply with the standards setforth helowand applications for development
projects subject to these requirements and developers and property owners shall provide to the county information and necessary legal assurances to demonstrate
current and continued compliance vnth these provisions. consistent wth the applicable enforcement mechanisms set forth in subsection (f) of this section, as amended or
supplemented from time to time. The county may institute any appropriate legal action necessary to ensure compliance with this subsection.
I Affordable housing units required pursuant to subsection (b)(2) of this section are restricted to sales prices and annual rental amounts for households that shall not
exceed the adjusted gross annual income limits for moderate -income owner -occupied or rental housing, as defined in section 101-1
2.Affordable housing units may be sold or rented only to persons whose total household income does not exceed the adjusted gross annual income limits for
moderate -income as defined in section 101.1
3-Fxcept as specifically provided otherwise herein, affordable housing dwelling units are restricted for a period of 99 years to households that meet the requirements
of subsection (b)(5)c.2. of this section;
4.Affordable housing units provided pursuant to subsection (6)(2) of this section may be provided on -site, off -site or through linkage with another off -site project as
provided in subsection (c) of this section;
5.Affordable housing units may not be used for tourist housing or vacation rental use;
6.Each affordable unit provided pursuant to subsection (b)(2) of this section shall contain a minimum of 400 square feet of habitable fiber area and the average
enclosed habitable floor area of all units so provided shall be at least 700 square feet;
Ti affordable unit provided pursuant to subsection (b)(2) shall contain a minimum of 400 square feet of habitable floor area; and during occupancy of any
affordable housing rental unit, not otherwise limited by state or federal statute or rule concerning household income, a lessee household's annual Income may
increase to an amount not to exceed 140 percent of the median household income for the county, to be annually verified. If the income of the lessee household exceeds this
amount, the occupancy shall terminate at the end of the existing lease term. The maximum lease for any term shall be three years or 36 months;
8.When determining eligibility criteria, the county shall assume family size as indicated in the table set forth in subsection (a)(6)i. of this section. That table shall not be
used to establish the maximum number of individuals who actually live in the unit, but shall be used In conjunction with the eligibility requirements created by the
definition of "affordable housing" in section 101-1
9.
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The income of eligible households shall be determined by counting only the first and highest paid 40 hours of employment per week of each unrelated adult. For a
household containing adults related by marriage or a domestic partnership registered with the county, only the highest 60 hours of the combined employment hours shall be
counted, which shall be considered to be 75 percent of the adjusted gross income. The income of dependents regardless of age shall not be counted in calculating a
household's income; and
10.The county will not issue certificates of occupancy for market rate units associated with development or redevc[opment projects subject to the provisions of this
subsection (b) unless and until certificates of occupancy have been issued for required affordable housing units, lot donations are complete, or in -lieu fees have
been paid as provided herein.
(6)Mon[tor[ng and review.
The requirements of this subsection (b) shall be monitored to ensure effective and equitable application. Every two years following the effective date of the ordinance from which
this section is derived, the planning director shall provide to the board of county commissioners a report describing the impact of this subsection on the provision of affordable
housing and other market or socioeconomic conditions influencing or being influenced by these requirements. Issues such as affordability thresholds, inclusionary requirements,
and the impacts of these provisions on the affordable housing inventory and housing needs in the county shall be addressed, in addition to other matters deemed relevant by
the director.
(c)Linkage of projects.
Two or more development projects that are required to provide affordable housing may be finked to aliow the affordable housing requirement of one development project to be
built at the site of another project, so long as the affordable housing requirement of the latter development is fulfilled as well. The project containing the affordable units must be
built either before or simultaneously with the project without, or with fewer than, the required affordable units. Sequencing of construction of the affordable component of linked
projects may be the subject of the planning department or the planning commission's approval of a project. In addition, if a developer builds more than the required number of
affordable units at a development site, this development project may be linked with a subsequent development project to allow compliance with the subsequent development's
affordable unit requirement. The linkage must be supplied by the developer to the planning commission at the time of the subsequent development's conditional use approval.
Finally, all linkages under this subsection may occur between sites within the county and in the cities of Key West, Marathon and Isiamorada, subject to an interlocal agreement,
where appropriate; however, linkage must occur within the same geographic planning area, i.o., lower middle and upper keys. All linkages must be approved via a covenant
running in favor of the county, and if the linkage project lies within a city, also in favor of that city. The covenant shall be placed upon two or more projects linked, stating how
the requirements for affordable housing are met for each project. The covenant shall be approved by the board of county commissioners and, if applicable, the participating
municipality.
(d)Affordable housing trust fund.
The affordable housing trust fund (referred to as the "trust fund") is established. The trust fund shall be maintained with funds earmarked for the purposes of furthering
affordable housing initiatives in municipalities and unincorporated areas of the county. Monies deposited into the trust fund shall not be commingled with general operating
funds of the county. The trust fund shall be used only for the following:
(1)Finandal aid to developers as project grants for affordable housing construction;
(2)Financial aid to homebuyers as mortgage assistance, including, but not limited to, loans or grants for down payment assistance;
(3)Flnancial incentives for the conversion of transient units to affordable residential units;
(4)1 investment in or leveraging housing affordability through site acquisition, housing development and housing conservation; or
(5)Other affordable housing purposes as may be established by resolution of the board of county commissioners, which shall act as trustees for the fund. The board of
county commissioners may enter into agreements or make grants relating to the use of trust funds with or to the county housing authority or other local government land
or housing departments or agencies, a qualified community housing development organization or nonprofit or for -profit developer of affordable or employee housing, or a
municipality within the county.
(e)Communify housing development organization.
The board of county commissioners may establish a nonprofit community housing development organization (CHDO), pursuant to federal regulations governing such
organizations, to serve as developer of affordable housing units on county -owned property, including or located In the municipalities of the county, upon interlocal agreement. In
such event, the county may delegate to the community housing development organization all or partial administration of the affordable housing trust fund.
(f)Administration and compliance.
(I )Before any building permit may be issued for any structure, portion or phase of a project subject to this section, a restrictive covenant shall be approved by the growth
management director and county attorney and recorded in the office of the clerk of the county to ensure compliance with the provision of this section running in favor of
the county and enforceable by the county and, if applicable, a participating municipality. The following requirements shall apply to these restrictive covenants:
@.The covenants for any affordable or employee housing units shall be effective for a period of at least 99 years.
b.The covenants shall not commence running until a certificate of occupancy has been issued by the building official for the dwelling unit or dwelling units to which the
covenant or covenants apply.
(2)Restrictive covenants for housing subject to the provisions of this section shall be flied that require compliance wth the fc[lowng:
a.Restricting affordable housing dwelling units to households meeting the income requirements of subsection (a)(6)a. of this section;
b.Restricting employee housing dwelling units to households meeting the income and employment requirements of subsection (a)(6)b. of this section:
c.Restr[cting market rate housing dwelling units to households meeting the employment requirements of subsection (a)(8)a. of this section; and
d.Prohibiting tourist housing use or vacation rental use of any housing developed under the provisions of this section.
(3)The eligibility of a potential owner -occupier or renter of an affordable, employee or market rate housing dwelling unit, developed as part of an employee or affordable
housing project shall be determined by the planning department upon submittal of an affidavit of qualification to the planning department. The form of the affidavit shall
be in a form prescribed by the planning department. This eligibility shall be determined by the planning department as follows:
a.At the time the potential owner either applies for affordable housing ROGO allocation, or applies to purchase a unit that used affordable housing ROGO allocation: or
h.At the time the potential renter applies to occupy a residential unit that used an affordable ROGO allocation.
(4)
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Except as provided in subsection (f)(5) of this section, the property owner of each affordable employee or market rate housing dwelling unit, developed a$ part of an affordable
or employee housing project, shall be required to annually submit an affidavit of qualification to the planning department verifying that the applicable employment and income
requirements of subsection (f)(2) of this section are met. The annual affidavit of qualification shall be in a form prescribed by the planning director and shall be filed by the
property owner upon receiving written notification by certified mail from the planning department.
(5)The owner -occupant of an affordable, employee, or market rate housing dwelling unit, developed as part of an affordable or employee housing project, who has received
a homestead exemption as provided for under the state statutes, is not required to submit an annual affidavit of qualification as required above in subsection (f)(4) of this
section if that owner -occupant was qualified previously by the planning department. Prior to any change in ownership (including, but not limited to: sale, assignment, devise, or
otherwise), the owner -occupant shall be required to provide documentation to the planning department in a form prescribed by the planning director proving that the potential
occupying household is eligible to occupy that unit prior to a change in ownership of the property.
(6)1 to submit the required annual verification as required in subsection (f)(4) of this section or failure to provide documentation prior to change in ownership required
in subsection (f)(5) of this section shall constitute a violation of the restrictive covenant, the conditions of the certificate of occupancy and this chapter.
(7)The restrictive covenants for affordable and employee housing required under this section shall be approved by the growth management director and county attorney
prior to the recording of the covenant and issuance of any building permit.
(8)Upcn written agreement between the planning director and an eligible governmental or nongovernmental entity, the planning director may authorize that entity to
administer the eligibiiity and compliance requirements for the planning department under subsections (f)(3), (f)(4), (f)(5) and (f)(6) of this section. Under such an
agreement, the eligible entity is authorized to qualify a potential owner -occupier or renter of affordable, employee, or market rate housing developed as part of an employee or
affordable housing project. and annually verify the employment and/or income eligibility of tenants pursuant to subsection (f)(2) of this section. The entity shall still be required
to provide the planning department, by January 1 of each year, a written certification verifying that tenants of each affordable, employee, or market rate housing meet the
applicable employment and income requirements of subsection (f)(2) of this section. The following governmental and nongovernmental entities shall be eligible for this
delegation of authority:
a.The county housing authority, not -for -profit community development organizations, pursuant to subsection (e) of this section, and other public entities established to
provide affordable housing;
b.Private developers or other nongovernmental organizations participating in a federal/state housing financial assistance or tax credit program or receiving some form of
direct financial assistance from the County; or
c.Nongovernmental organizations approved by the board of county commissioners as affordable housing providers.
(9)Should an entity fail to satisfactorily fulfill the terms and conditions of the written agreement executed pursuant to subsection (f)(6) of this section, the planning director
shall provide written notice to the subject entity to show cause why the agreement should not be terminated within 30 days, If the entity fails to respond or is unable to
demonstrate to the satisfaction of the planning director that it is meeting the terms and conditions of its agreement, the agreement may be terminated by the planning director
Within 30 days of the written notice.
(g)Interlocal affordable rate of growth allocation agreements
The board of county commissioners may authorize intertocai agreements between the county and the cities of Marathon, and Key West, and Islamorada, Village of Islands for
the purpose of sharing residential rate of growth affordable housing allocations. The interlocal agreements may be based upon a specific project proposal within one or more
jurisdictions or may be for a specific allocation of units on an annual basis, from the county to a municipality or from a municipality to the county. All allocations made available to
a jurisdiction must meet the applicable affordable housing requirements of the receiving jurisdiction's land development regulations and affordable housing ordinances.
{Coda 1979. § 9.5-266; Ord. Na 334986. § 9-306; Ord. No. 40-1987, §§ 5. 73. 74: Ord. No. 6-2001. § 2: Ord. No. 003-2002, § 1: Ord. Na. 013-2002, §§ 1, 2; Ord. No 030-2003, §§ 5-8; Ord. No. 047-2003,
§ 1; Ord. No. 036-2004, § 2; Ord- No 035-2004, § 4: Ord- No. 017-20052 §§ 6, T Ord. No. 09-2006; Ord. No. 076-2006. § 3; Ord. No, 019-2008. §§ 2, 3 Q : Ord. No. 011-2008, § I)
Editor's note —
Ord. W. 09-2006 appears as modified through negotiation with the state department of community affairs.
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