Item D2 D.2
G BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Heather Carruthers,District 3
IleOI1da Keys Mayor Pro Tern Michelle Coldiron,District 2
�pw° Danny L.Kolhage,District I
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
December 11, 2019
Agenda Item Number: D 2
Agenda Item Summary #6334
BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2506
n/a
AGENDA ITEM WORDING: Approval of a resolution authorizing the County Administrator or
his designee to complete, execute, and record Affordable Housing Deed Restrictions for a proposed
"Tiny Home"/Code Compliant small modular unit(s) for affordable housing for the following sites:
1) Porpoise Point Section 6, Big Coppitt Key (approximate mile marker 10.5) the corner of Emerald
Drive, Tamarind Drive and US 1, Tract"A", having real estate number 00156610.000000; 2) Lot 2,
Block 23, Cudjoe Gardens Eight Addition, Cudjoe Key (approximate mile marker 21) at the corner
of 1st Avenue and Drost Drive, having real estate number 00174635.004500; and 3) Lot 1, Block
19, Breezeswept Beach Estates, Ramrod Key (approximate mile marker 27.5) at the corner of W.
Indies Drive, having real estate number 00205890.000000.
ITEM BACKGROUND:
Staff is requesting authorization for the County Administrator or his designee to execute Affordable
Housing deed restrictions on three County-owned properties, required pursuant to Section 139-1 of
the Land Development Code. The parcels are to be developed with three "Tiny Houses" that will
serve as prototypes for post-Irma redevelopment with eventual use as employee rental housing.
The Monroe County Mayor declared a State of Local Emergency on September 5, 2017 due to
Hurricane Irma, a "threat of danger to the populace inhabiting Monroe County" and that the County
"may require expedient action in order to protect the health, safety and welfare of the community."
Hurricane Irma, a Category 4 hurricane, made landfall in the Florida Keys on September 10, 2017,
causing substantial damage to and loss of property.
During the initial recovery phase, many vendors selling various housing products contacted county
staff and elected officials to promote their alternative housing products. Staff received several types
of housing in emails from various vendors; however, those did not include detailed costs or budget
information or details on code compliance.
On November 29, 2017 (agenda item C4) county staff and Jim Saunders, local modular housing
developer/builder, provided a presentation to the BOCC on Code Compliant Small Modular Units as
an affordable alternative housing solution on scattered sites throughout Monroe County. The BOCC
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directed staff to get started on an RFP and location for construction of a small modular home that
meets codes on a site currently owned by the County as a prototype for affordable, workforce
housing.
On February 21, 2018 (agenda item D3) the BOCC approved the sites for four (4) tiny homes. The
County already owns these properties.
Project Management issued an RFP for up to four (4) "Tiny Houses" on parcels already owned by
the County that will serve as prototypes for redevelopment with eventual use as employee rental
housing. Proposals have been reviewed and contractors have been chosen for each of the four sites.
On June 20, 2018 the BOCC approved a reservation for one moderate income affordable housing
allocation award for each of three County-owned tiny home project properties (Big Coppitt, Cudjoe,
and Ramrod properties; the Key Largo property is ROGO exempt for one dwelling unit) and on
November 20, 2019 the BOCC extended those reservations through December 31, 2020.
Pursuant to Land Development Code Section 139-1, for the three properties receiving Affordable
Housing ROGO Allocation Awards, a deed restriction is required to be executed prior to issuance of
a building permit.
PREVIOUS RELEVANT BOCC ACTION:
February 21, 2018 — BOCC approved the sites for "Tiny Home"/Code Compliant small modular
units.
May 16, 2018 — BOCC approved Project Management to issue an RFP for up to four (4) "Tiny
Houses" on parcels already owned by the County that will serve as prototypes for redevelopment
with eventual use as employee rental housing.
June 20, 2018 — BOCC approved the reservation of one moderate income affordable housing
allocation award for property having real estate number 00156610.000000 in Resolution 178-2018.
June 20, 2018 — BOCC approved the reservation of one moderate income affordable housing
allocation award for property having real estate number 00174635.004500 in Resolution 179-2018.
June 20, 2018 — BOCC approved the reservation of one moderate income affordable housing
allocation award for property having real estate number 00205890.000000 in Resolution 180-2018.
November 20, 2019 — BOCC approved extensions of the three moderate income affordable housing
allocation awards through December 31, 2020.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
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Deed Restriction (Stamped-and-Signed)
Resolution (Stamped-and-Signed)
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required: NA
Additional Details:
REVIEWED BY:
Emily Schemper Completed 11/25/2019 1:05 PM
Peter Morris Completed 11/25/2019 1:24 PM
Assistant County Administrator Christine Hurley Skipped
11/25/2019 1:19 PM
Budget and Finance Completed 11/25/2019 1:29 PM
Maria Slavik Completed 11/25/2019 3:13 PM
Kathy Peters Completed 11/25/2019 3:14 PM
Board of County Commissioners Pending 12/11/2019 9:00 AM
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This instrument ent was prepared by:
Peter H. Morris,Assistant County Attorney
Monroe County Attorney's Office, FBN: 104 101
2798 Overseas Highway, Marathon,, FL 33050
MONROE COUNTY PLANNING DEPARTMENT
TMENT
EMPLOYEE YEE OUS>ING DEED RESTRICTION
THIS DEED RESTRICTION SHALL BE INCORPORATED TE N WHOLE AND
REFERE NCED BY BOOK AND PAGE NUMBER CAN ALL TRANSFERS CDC
THE BELOW DESCRIBED RIBED a All.., PROPERTY.
STATE 'FLOR A 2
C;" UNTY Off" N E U)
Notice is hereby given that.:
1. I/ e, the Board of County nt.y Commissioners of Monroe County,unity, Florida("Monroe
County"), the undersigned is/are the sole owner of certain real property, situated, lying 0
and being in Monroe County, State of Florida, described as follows:
0
1. Porpoise Point, Section 6, Pig C oppltt Key (approximate mile marker 10.5), the c
comer of Emerald Drive, Tamarind Drive, and U.S. 1, Tract'"A " having Property
Identification Number ("Real Estate Number"' or"RF No.") 00156610.000000
("Parcel I");
2. lot 2, Pluck 23, C;uudjoe Gardens Eight Addition, C;u djoe Key (approximate rrnlle
marker 21), at the corner of D st Avenue and PDrost Drive, having No. �
00174635-004500 ("Parcel 2"); and
3. Lot 1, Black. 19, Breezeswept Beach Estates, Ramrod Key (approximate mile
marker 27.5), at the corner of W. Indies Drive, having PE No. 00156610-000000
("Parcel 3"). .2
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It. The residential unit Building Permit Number(s) is/are:
1. Parcel 1: ;
2. Parcel 20 ._.... 9 and
3. Parcel 3:
Ill. This deed restriction is for moderate-income households.
IV. Under the owner occupied/ developer moderate income affordable housing provisions
set Barth in the on-roe County Land Development Regulations, the owner or owners of
the above-described real property have been exempted from payment of"Fair Share
Impact Fees" for a single-family residence to be constructed on each of the above-
described parcels of real property.
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V. The use of the above-described dwellings is restricted for a period of at least ninety-
nine (99) years to households with an adjusted gross annual income no greater than one
hundred twenty (120) percent of the median adjusted gross annual income for tenant
occupied households within Monroe County, if occupied by a tenant(s).
VL The use of the dwelling is restricted for a period of at least ninety-nine (99) years to
households with an adjusted gross annual income 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. U)
VII. The employee housing unit is intended to, and shall serve only as affordable, permanent
housing for working households, which derive at lease seventy (70) percent of their .2
household income from gainful employment in Monroe County and meet the U)
requirements for affordable housing,
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VIII. The maximum sales price for an owner occupied affordable housing unit shall mean a
price not exceeding four and one-quarter (4.25) times the annual median household
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income for Monroe County for the applicable number of bedrooms per the Monroe
County Code(s).,
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ix. The covenants shall be effective for ninety-nine (99) years, but shall not commence
running until a certificate of occupancy has been issued by the building official for the
dwelling unit(s) to which the covenant or covenants apply. This deed restriction shall
remain in effect for ninety-mime (99) years regardless of the owner(s) or occupant(s)
ability to comply or re-qualify on an annual basis or as otherwise may be required.
X. At the time of sale of an owner-occupied affordable/employee housing unit, the unit
may be sold only to a household within the moderate income category.
E.g., an owner-occupied affordable housing unit which is encumbered by a moderate-
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income deed restriction may only be sold to another household that qualifies for the
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County's above-described moderate-income category or lower.
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X1. Tourist housing use or vacation rental use of affordable or employee housing units is
prohibited.
XII. BOItROWERS AND LENDERS TAKE NOTE. No equity may be borrowed
against the value of the affordable housing unit which exceeds the maximum sales price
in Paragraph VIII. This prohibition is for an aggregate loan amount of all equity against
the home. A series of smaller equity loans may not be obtained whose total loan
amount exceeds the maximum sales price in Paragraph VIII.
XIIL All of the restrictions herein shall be binding upon any transferees, lessees, heirs.,
assigns or successors in the chain of title for the property and owner-occupant(s) and
tenant-occupant(s)thereto, it being recognized that recordation of this Employee
Housing Deed Restriction constitutes constructive notice to all interested parties.
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XIV. Construction aniLl . The construction and interpretation of such, and all
other, Monroe County Comprehensive Plan provision(s) and Monroe County Code(s)
provision(s) shall be deferred in favor of Monroe ("11 ounty and such construction and
interpretation shall be entitled to great weight on trial, on appeal, in bankruptcy
proceedings, and in adversarial administrative proceedings.
XV. Inconsistene� Partial Invalidit Ha_ y�,Seve�a nsist y� :abifityand Survvival of Provisions. If any
condition, provision, reservation, restriction, right, or term of this Deed Restriction, or
any portion thereof, is/are held invalid or unenforceable in or by any administrative U)
hearing officer or court of competent jurisdiction, the invalidity or unenforceability of
such condition, provision, reservation, restriction, right, term, or any portion(s) thereof,
shall neither limit nor impair the operation, enforceability, or validity of any other .2
condition, provision, reservation, right, term, or any remaining portion(s) thereof. All U)
such other conditions, provisions, reservations, restrictions, rights, terms, and remaining
portion(s) thereof shall continue unimpaired in full force and effect, U-
XVI. _11g14jW. Captions and paragraph headings, where used
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herein, are inserted for convenience only and are not intended to descriptively limit the
scope and intent of the particular paragraph or text to which they refer. 0
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XVIL Aut Each party to this Employee Housing Deed Restriction represents
and warrants to the other that the execution, delivery, and performance of this Deed
Restriction has been duty authorized by all necessary corporate and other organizational
action, as required.
XVIII. EnliEtAMemeat. This Employee Housing Deed Restriction constitutes the entire
Deed RestricTio—nand any representation or understanding of any kind preceding the
date of this Deed Restriction's execution or recordation is not binding upon the E
Grantor(s) or the County, except to the extent that it has been incorporated into this (n
Deed Restriction. C�
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For Owner Monroe County, Florida:
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MORROS CC)U�kTy ATTORNEY
AS TOF,,QRM
Monroe County Administrator or Designee (Print Name)
Datr-
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Monroe County Administrator or Designee (Signature)
The foregoing instrument, Employee Housing Deed Restriction, was acknowledged
before me this -- —day of 2......................, by
who is personaTly Eown to me and did take an oath,
My Commission Expires:
......................................
Notary Public (Signature) Notary Pubtic (Print Narne)
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RESOLUTION NO. -2 19
A RESOLUTION OF THE MON OE COUNTY BOARD OF COUNTY
COMMISSIONERS AUTHORIZING THE COUNTYADMINISTRATOR OR 2
DESIGNEE TO COMPLETE, EXECUTE, AND RECORDU)
EMPLOYEE/AFF RDA LE HOUSING DEED RESTRICTIONSFOR
EMPLOYEE ELLING UNITS ON BIG COPPIT'T FOR MON OE
COUNTY ON PROPERTY DESCRIBED AS TRACT"A",PORPOISE POINT °
SECTION 6, BIG C PPITT KEY, REAL ESTATE, NUMBER 0015661 -0 00, U)
LOT 2, BLOCK 23, CUDJOE GARDENS EIGHTH ADDITION, CUDJOE
"Y, REAL ESTATE NUMBER 0 174635-0 4 00, AND LOT 1, BLOCK 19,
u-
BREEZESWEPT BEACH ESTATES, RAMROD KEY, REAL ESTATE
NUMBER 00205890-000000.
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WHEREAS,the State of Florida and all local governments in the Florida Keys (each subject to Area
of C. iticap State Concern mandates relating to housing affordability) recognize the need for affordable
housing throughout the state and particularly in the Florida Keys where developable land for housing is .�
extremely ely limited and expensive; and
WHEREAS, the challenge of providing affordable housing opportunities in the Florida bays is one
requiring sensible and responsive use of residential unit allocations, inclUding implementation of long-term
preservation mechanisms; and
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WHERE AS,due consideration should be given to relevant factors such as the capacity for allocation
recipients to promptly transform allocation awardslreservationns into finished and occupied �
affordable/workforce housing units; and
WHERE AS, the BOCC, on February 21, 2018, approved sites for proposed "Tiny l-lona e"/Code
Compliant small #nodular units for affordable housing- and 0
WHEREAS, the BOCC, on May 16, 2018, approved Project Management to issue a Request for
Proposals for tip to four (4) "Tiny Flouses" on parcels already owned by the County that will serve as �
prototypes for redevelopment with eventual use as employee rental housing; and
WHEREAS, the BOCC, on June 20, 2018, approved the reservations of one moderate income
affordable housing allocations award for property having real estate number 00156610„000000 in Resolution
l 78--201 8; and
WHERE AS, the BOCC, on June 20.. 2018, approved the reservation of one moderate income
affordable housing allocation award for property having real estate number 00174635„004500 in Resolution
179-201 x and
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WHEREAS, the BOCC, on June 20, 2018, approved the reservation of one moderate income
affordable housing allocation award I-br property having real estate number 00205890-000000 in Resolution
180-2018; and
WHERE AS, the BOCC, on November 20, 2019, approved the extension of the reservation of one
moderate income affordable housing allocation award for property having real estate number
00 1566 10.000000 through December 31, 2020; and
WHERE AS, the BOCC, on November 20, 2019. approved the extension of the reservation of one
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moderate income affordable housing allocation award for property having real estate number 0
00 174635.004500 through December 31, 2020, and U)
WHEREAS, the BOCC, on November 20, 2019, approved the extension of the reservation of one .2
moderate income affordable housing allocation award for property having real estate number 00205890- .2
000000 through December 31, 2020; and U)
WHEREAS, the reservation of affordable housing allocations for the anticipated project, does not U-
exempt the project from applicable requirernents for the Monroe County Land Development Regulations,
Building Code and other regulatory requirements; and
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WFIERFAS, the BOCC authorizing the County Administrator or his designee to execute and record
Affordable flousing Deed Restrictions will expedite the process for developing Affordable liousing-1 and 0
r-
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WHEREAS, Monroe County shall obtain all required approvals from the Monroe County Building
Department and Planning& Environmental Resources Department for the projects- and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 2M
COMMISSIONERS OFMONROE COUNTY,FLORILDA:
Authorize the County Administrator or designee to complete, execute, and record Affordable
CL
flousing Deed Restrictions for a proposed -'riny fiorne"/Code Compliant small modular units for E
employee/al"Fordable housing for the following sites:
I) Porpoise Point Section 6, Big Coppitt Key (approximate mile marker 10.5) the corner of
2
Emerald Drive, 'rarnarind Drive and 11S 1, Tract "A"', having real estate number 0
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00 15661 0.000000�-'
2) Lot 2, Block 23, Cudjoe Gardens Eight Addition, Cudjoe Key(approximate mile marker 21)
at the corner of I" Avenue and Drost Drive, having real estate number 00174635.004500-. E
and
3) Lot 1, Block 19, Breezeswept Beach Estates, Rarnrod Key (approximate mile marker 275)
at the corner of W. Indies Drive, having real estate number 00205890-000000
PASSED AND ADoP,rED by the Board Of County Commissioners of Monroe County, Florida at a
regular meeting held on the 11 th day of December, 2019.
Mayor Heather Carruthers
Mayor Pro'rern Michelle Coldiron
Commissioner David Rice
Commissioner Sylvia J. Murphy
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BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA
BY
Mayor Heather Carruthers
(SEAS,)
ATTEST: KEVI[N MADOK, CLERK 14EY
Ut
Date.
DEPUTY CLERK
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