Item H3BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 9, 2015 Department: Planning & Environmental Resources
Bulk Item: Yes X No — Staff Contact Person/Phone #: Mayte Santamaria 305-289-2500
AGENDA ITEM WORDING: Approval of a Resolution to extend the reservation of twenty-two (22)
affordable housing allocations for the Islander Village Project located on Fifth Avenue, Stock Island to
complete an employee housing project.
ITEM BACKGROUND: Resolutions 273-2006 and 184-2007 previously approved by the Board of
County Commissioners (BOCC) reserved 89 affordable housing allocations for a project known as
Islander Village. The project has been issued 89 permits, with 43 certificates of occupancy issued for
the residential units and 46 permits expired. Subsequently, the BOCC approved Resolution 018-2013
reserving 46 affordable housing allocations until December 7, 2015. Out of the 46 reservations 24 of
these have issued permits and 14 have a certificate of occupancy.
The applicant is requesting an extension of the reservation for the balance of 22 remaining affordable
housing allocations, The Board of County Commissioners are authorized to reserve affordable housing
allocations pursuant to Monroe County Code Section 138-24(b)(4).
On September 16, 2015, the BOCC approved a fifth amendment to the Ground Lease with Islander
Village, LLC, to extend the date by which all affordable housing units must be completed and receive
certificates of occupancy by December 7, 2016.
PREVIOUS RELEVANT BOCC ACTION:
September 16, 2015 BOCC approved 5d' Amendment to the Ground Lease Agreement
January 16, 2013 — BOCC approved Resolution 018-2013
October 17, 2012 — BOCC approved 40' Amendment to the Ground Lease Agreement
June 15, 2011 — BOCC approved 3`d Amendment to the Ground Lease Agreement
October 21, 2009 — BOCC approved 2°d Amendment to the Ground Lease Agreement
June 17, 2009 — BOCC approved I" Amendment to the Ground Lease Agreement
June 18, 2008 BOCC approved Commencement Date Agreement
May 16, 2007, BOCC approved Resolution 184-2007 for the reservation of 89 affordable housing allocations for
Islander Village
April 18, 2007 - BOCC approved 99 year Ground Lease Agreement
July 19, 2006, BOCC approved Resolution 273-2006 for the reservation of 89 affordable housing allocations for
Islander Village
CONTRACT/AGREEMENT CHANGES: n/a
STAFF RECOMMENDATIONS: Approval
TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: Yes N/A No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: N/A SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
- -
APPROVED BY: County Atty 6 OMB/Purchasing N/A Risk Management N/A
DOCUMENTATION: Included X
Not Required
DISPOSITION: AGENDA ITEM #
ram:
2
3
4
5
6
7 RESOLUTION NO. —2015
8
9
10 A RESOLUTION BY THE MONROE COUNTY BOARD OF
11 COUNTY COMMISSIONERS EXTENDING THE
12 RESERVATION FOR TWENTY-TWO (22) AFFORDABLE
13 HOUSING DWELLING UNIT ALLOCATIONS FOR THE
14 ISLANDER VILLAGE PROJECT LOCATED ON FIFTH
15 AVENUE, MALONEY SUBDIVISION, STOCK ISALND,
16 REAL ESTATE NUMBERS 00123700.000000 AND
17 00127400.00000.
18
19
20
21 WHEREAS, at its meeting of July 19`h, 2006, the Board of County Commissioners
22 (BOCC) approved Resolution 273-2006 reserving eighty-nine (89) affordable housing
23 allocations for the "Islander Village" project located on Fifth Avenue, Maloney Subdivision,
24 Stock Island, RE: #00123700.000000 and 00127400.00000; and
25
26 WHEREAS, at its meeting of May 161h, 2007, the Board of County Commissioners
27 (BOCC) approved Resolution 184-2007 reserving eighty-nine (89) affordable housing
28 allocations for "Islander Village" project; and
29
30 WHEREAS, Islander Village entered into a 99-year lease with Monroe County on April
31 18, 2007 for property described as a parcel of land on Stock Island, being a part of Block 59,
32 Maloney Subdivision, as recorded in PB 1-55, Real Estate Numbers 00554720.000000 and
33 00554720.000100 for the project; and
34
35 WHEREAS, Islander Village commenced development on the 89 employee housing
36 units; and
37
38 WHEREAS, Islander Village has received 43 certificates of occupancy out of 89
39 employee housing units with 46 permits expiring; and
40
41 WHEREAS, the First Amendment to the Ground Lease was approved June 19, 2009;
42 and
43
44 WHEREAS, the Second Amendment to the Ground Lease was approved October 21,
45 2009; and
46
I WHEREAS, the Third Amendment to the Ground Lease was approved June 15, 2011;
2 and
3
4 WHEREAS, the Fourth Amendment to the Ground Lease was approved October 17,
5 2012 which provides that he remaining certificates of occupancy will be obtained by December
6 7, 2015; and
7
8 WHEREAS, at its meeting of January 161h, 2013, the Board of County Commissioners
9 (BOCC) approved Resolution 018-2013 reserving forty-six (46) affordable housing allocations
10 for "Islander Village" project; and
11
12 WHEREAS, Islander Village commenced development on 24 of the remaining 46 units; and
13
14 WHEREAS, Islander Village has received certificate occupancies for 14 of the 24 issued
15 permits; and
16
17 WHEREAS, Islander Village requested an extension of reservation for 22 affordable
18 housing allocations to complete the project; and
19
20 WHEREAS, the Fifth Amendment to the Ground Lease was approved September 16,
21 2015 which provides that the remaining certificates of occupancy will be obtained by December
22 7, 2016; and
23
24 WHEREAS, the reservation of affordable housing allocations for the anticipated project
25 does not exempt the project from applicable requirements for the Monroe County Land
26 Development Regulations, Building Code and other regulatory requirements; and
27
28 WHEREAS, Islander Village shall obtain all required approvals from the Monroe
29 County Planning & Environmental Resources Department for the project; and
30
31 WHEREAS, 22 allocations are still required to complete the project;
32
33
34 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
35 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
36
37
38 Section 1. Twenty-two (22) affordable housing allocations are reserved for Islander
39 Village until December 7, 2016, pursuant to Monroe County Code Section 138-24(b)(4).
40
41 Section 2. This resolution is retroactive to December 7, 2015.
42
43
44
45
46
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
at a regular meeting held on the 9th day of December, 2015.
(SEAL)
ATTEST:
DEPUTY CLERK
Mayor Heather Carruthers
Mayor Pro Tem, George Neugent
Commissioner Danny L. Kolhage
Commissioner David Rice
Commissioner Sylvia Murphy
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
CLERK
Mayor
MONROE COUNTY ATTORNEY
AP D AST ORM:
LIJ
ST VEN V WILLIAMS
ASSISTANT COUN
TY ATTORNEY
Islander Village, LLC
201 Front Street Ste. 224 Key West, F133040
(305) 294-4142
November 17th, 2015
Islander Village — 5030 5th Ave, Stock Island, Real Estate Numbers 00123700.000000 and
00127400.000000.
Request for extension of ROGO allocation reservation for remaining 22 Affordable Homes
that have not been issued building permits. Most recent resolution reserving allocation awards for this
property was o18-2013 (attached).
Dear Mayor, County Commissioners and Planning Staff:
Today we are asking the Commission for a 1 year extension for the assignment of the remaining 22
Affordable ROGO's for the Islander Village Development at 5030 5a' Avenue, Stock Island.
Please accept this letter as a short explination of the project and where we are today.
As you know, Islander Village is an 89 unit affordable housing development in Stock Island where the
land is owned by the County, and under a 99 year land lease Islander Village, LLC has been building
moderate deed restricted affordable units.
In 2007 and 20o8 Isladner Village completed 43 of the Moderate Income Affordable homes. These have
been sold or rented to moderate income Monroe County families for the past 8 years. Unfortunately,
due to the housing market crisis we became unable, like many others, to obtain construction financing
and could not move forward until this year.
We are currently under construction on the remaining houses. We obtained a construction loan for all
46 homes, built and received Certificates of Occupancy on 14 homes, have an additional io homes
permitted and in construction scheduled to be completed by Jan 31s'
Our building permits for the remaining 22 homes have been submitted to the Building Department.
Unfortunately, due to the building code change, they have determined that the plans for the remaining
homes must be updated. This process will take approximately 4 weeks, and will delay our building
permits being issued before our current deadline. Thus the need to request this extension for the ROGO
allocation for these 22 homes.
We do not need a year extension, however it has been determined in the past that when extensions are
done it is most rational to extend all dates to the same date to avoid future confusion. Through the
Commission we have recently extended the Completion deadline in the Land Lease to Dec 7`h 2o16 Sept
161h BOCC). And through the Planning Commission have extended the Major Conditional Use to the
same date, Dec 7th 2016 ( 27-15).
Thank you for your continued support, time, and effort on behalf of Monroe County and Affordable
Housing.
For any additional information please contact Debbie Batty at 305-509-1958•
Sincerely,
-11"11:
Ed Swift III
Managing Partner Islander Village, LLC
RESOLUTION NO. 018 —2013
A RESOLUTION BY THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
EXTENDING THE RESERVATION FOR FORTY-SIX
(46) AFFORDABLE HOUSING DWELLING UNIT
ALLOCATIONS FOR THE ISLANDER VILLAGE
PROJECT LOCATED ON FIFTH AVENUE,
MALONLEY SUBDIVISION, STOCK ISALND, REAL
ESTATE NUMBERS 00123700.000000 AND
00127400.00000.
WHEREAS, at its meeting of July 19'', 2006, the Board of County
Commissioners (BOCC) approved Resolution 273-2006 reserving eighty-nine (89)
affordable housing allocations for the "Islander Village" project located on Fifth Avenue,
Maloney Subdivision, Stock Island, RE: #00123700.000000 and 00127400.00000; and
WHEREAS, at its meeting of May 16'', 2007, the Board of County
Commissioners (BOCC) approved Resolution 184-2007 reserving eighty-nine (89)
affordable housing allocations for "Islander Village" project; and
WHEREAS, Islander Village entered into a 99-year lease with Monroe County
on April 18, 2007 for property described as a parcel of land on Stock Island, being a part
of Block 59, Maloney Subdivision, as recorded in PB 1-55, Real Estate Numbers
00554720.000000 and 00554720.000100 for the project; and
WHEREAS, Islander Village commenced development on the 89 employee
housing units; and
WHEREAS, Islander Village has received 43 certificates of occupancy out of 89
employee housing units; and
WHEREAS, 46 of the 89 building permits have expired and the applicant needs
the allocation awards reserved to continue the project; and
WHEREAS, the First Amendment to the Ground Lease was approved June 19,
2009; and
WHEREAS, the Second Amendment to the Ground Lease was approved October
21, 2009; and
WHEREAS, the Third Amendment to the Ground Lease was approved June 15,
2011; and
A.
WHEREAS, the Fourth Amendment to the Ground Lease was approved October
17, 2012 which provides that he remaining certificates of occupancy will be obtained by
December 7, 2015; and
WHEREAS, the reservation of affordable housing allocations for the anticipated
project does not exempt the project from applicable requirements for the Monroe County
Land Development Regulations, Building Code and other regulatory requirements; and
WHEREAS, Islander Village shall obtain all required approvals from the Monroe
County Planning & Environmental Resources Department for the project; and
WHEREAS, 46 allocations are still required to complete the project;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. Forty-six (46) affordable housing allocations are reserved for Islander
Village until December 7, 2015, pursuant to Monroe County Code Section 138-
24(b)(4).
Section 2. This resolution is retroactive to May 16, 2008.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 16th day of January, 2013.
Mayor George Neugent Yes
Mayor Pro Tem, Heather Carruthers Yes
Commissioner David Rice Yes
Commissioner Danny Kolhage Yes
Commissioner Sylvia Murphy Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BYAUMV-
-�'
� 5 ;
ayor George Neug rn
(SEAL) r.. co
1 �
o
Go 7-D
ATTEST: Amy Heavilin, CLERK
s M
r w o
DEPUTY CLERK PO
MONK 60 TY ATTORNEY
AP O ED A610 F0 M