Item H6 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 19, 2014 Division: Growth Management
Bulk Item: Yes x No _ Department: Building
Staff Contact Person/Phone#: Jerry Smith
289-2521
AGENDA ITEM WORDING: ApXroval of a waiver of building permit fees for 46 affordable
housing units to be built at 5030 5 Avenue on Stock Island (RE#00127400-000100) by Islander
Village, LLC, leased by Islander Village, LLC from Monroe County.
ITEM BACKGROUND: Monroe County Code Section 6-108(e) allows BOCC approval for waivers
of building permit fees for affordable housing which have a Development Order in effect as of
February 17, 2010 for affordable housing. Islander Village, LLC is requesting the building permit fee
waiver to build 46 affordable housing units on Stock Island. Fees are estimated at $53,038 but may
exceed that amount and are to be reimbursed to Fund 180. This amount is only for the housing units.
A major conditional use permit (Development Order) was granted by the Planning Commission in
2005 which has been granted legislative extensions until December 7, 2015. This Development Order
being granted originally prior to February 17, 2010 makes this project eligible for fee waivers.
PREVIOUS RELEVANT BOCC ACTION:
February 10, 2010 — BOCC approved Ordinance 004-2010 allowing waivers for housing for
households up to 120% of median income in Monroe County, developments leveraging state or federal
funds or which had a development order in effect prior to February 17, 2010.
November 18, 2009 — BOCC approved Ordinance 036-2009 allowing building permit fee waiver for
entities building low income housing leveraging state or federal funds, or affordable housing as
defined by state statutes.
April 18, 2007 — BOCC approved 99 Year Lease to Islander Village, LLC to construct 89 affordable
housing units.
CONTRACT/AGREEMENT CHANGES: n/a
STAFF RECOMMENDATIONS: Approval
TOTAL COST: Approx. $53,038.00 INDIRECT COST: BUDGETED: Yes No_
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes_ No AMOUNT PER MONTH Year
APPROVED BY: County Atty, OMB/Purchasing Risk Management
oT
DOCUMENTATION: Included x Not Required
DISPOSITION: AGENDA ITEM#
Revised 7/09
Islander Village, LLC
201 Front Street Ste.224 Key West,Fl. 33040
Point of Contact:Debbie Batty(305)509-1958
January 15,2014
Jerry Smith
Monroe County Building Official
Growth Management,Monroe County
102050 Overseas Highway
Key Largo, FL 33037
Dear Mr. Smith.
This letter and accompanying exhibits are a request for the Building Department to either
reinstate the existing 46 Affordable Housing Building Permits at 5030 50'Avenue (see"Exhibit
B"for permit number list), or for a waiver of the building permit fees under Sec. 6-108(e) of the
Monroe County Code.
Please accept this letter as an explanation of Islander Village and the Scope of Work as requested
on the attached Affordable Housing Application for Waiver of Building Permit Fees("Exhibit
A").
Sec. 6-108(e)of the code states that entities building affordable housing which had a
development order as of February 17,2010,may apply for a fee waiver. Islander Village had
such a development order and building permits for which the fee had been waived/exempted in
2007, and which had an effective conditional use. (Please see "Exhibit C"for a Growth
Management Letter dated Sept 17d'2012,which details the Development Order timeline and
extensions).
Islander Village, located at 5030 51h Avenue in Stock Island is an Affordable Housing
community with 89 homes. This community is built upon land that Monroe County owns. The
land was purchased by the County from the Developer(Islander Village, LLC) at a discount and '
leased back to the Developer under a 99 year land lease.This land lease deed restricts the homes
under the moderate workforce housing code and in effect creates affordability in perpetuity.
We have completes and Co'ed 43 of the 89 Affordable homes.Additionally,we have completed
the infrastructure(underground electric, sewer, and water)for the entire development, and the
concrete piles and house pads for the remaining 46 Affordable homes under building permits '
issued in 2007. The recent recession has hindered the completion of the project.
As we are all aware the past seven years have been very difficult for housing. Financing to build
homes has been very difficult to obtain, and banking regulations spawned by the housing
collapse have made many potential buyers no longer eligible to purchase homes. In addition,
state funds for housing ownership assistance have been diverted by the state legislature to plug
other gaps in the state budget.
Recently,the housing market has improved opening up the Construction lending arena,and we
are very hopeful we will be able to obtain financing and begin construction in the next several
months. This request for waivers is in favor of our ability to finance.
In order to move forward, last year we complete several steps. Through the Planning
Commission we have extended the Conditional Use for the property to a completion date of all
units by December 7t`2015.For the Affordable units,we then obtained,through the BOCC,an
Amendment to the Islander Village Land Lease with the County,which set the completion date
of the Affordable units to the same date.The next step was to go to the BOCC and get the 46
Affordable ROGO units which had expired re-assigned to Islander Village and that was
completed as well.
This brings us to today and working on the Renewal or Reissue of the 46 remaining building
permits, as I previously stated.The existing permits had their fees waived in when they were
origionally issued. Additionally, as these homes are modular,and inspected to the state standard
in the factory,the majority of the County inspections for the permits were already done when the
infrastructure, concrete foundation and house piles were completed.
We are hopeful that the Building Department and Board of County Commission will see fit to
renew the existing permits,or waive the fees on the 46 homes once again.
We are proud of what we have accomplished thus far,and look forward to the completion of the
development and filling it with people who live and work in our community. While there is
always risk,we have remained constant and committed to completing Islander Village.
Thank you for your continued support and time and efforts on behalf of Monroe County.
Sincerely,
Ed Swift,III
Managing Partner, Islander Village,LLC
CC via email:
Susan Grimsiey
Townsley Schwab
Christine Hurley
Joe Haberman
Mary Tucker
Mayte Santamaria
Debbie Lofburg
Crystal Sebben
Mayra Tezano
.1 1 &A)tAk 0—u
MONROE COUNTY GROWTH MANAGEMENT BUILDING DEPARTHENT
Alldrae Kq~=a,Z=Owner a tom,Uwahn FL rJW 2094 0!
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AFFORDABLE HOUSING APPLICATION
For Waiver of Building Permit Fees
DATE: BUILDING DEPARTMENT
Receli t Date Stomp
Land
ftentTaamroe it LL(
o m r `ul Cl T) Owner Agent Z(� t r ,
Address: Address: ,
Contact Contact
Telephone: — 5 Email:
ProjedNarrIM
REd 01D12 (q Address: Vl. .
Attach adddional sheet to hrchrde all a rift saes within project f or wiNch penult ripe waivers aria
bdjW re9 1:
501(c)(3): YES NO Type of Consbrucbion: N Renovation
Type of Project—Affordable to median income: 80% 7 160%
Total Number of �(� previously Number of units Number of addltlonal
Units to be on site: `1 previ o on albs: t/5 units to be developed
Number of units waWers sought: ( Estimate of fees to be waived per unit:
PLEASE ATTACH A DETAILED SCOPE OF WORK FOR THE PROJECT. tPthis Is a ronave0on
project or other iaisinn emenbs an belt made In addbn to unit construction attach a separate list of
Items forvA*M permit gees are requested to be walred and the amount of the fees.
TOTAL ESTIMATED AMOUNT OF FEES TO BE WANED $
Signatu
Title
OMB App t Fundnmml�
PAkabursern
Date Source: ent
County Attorney
Approval Date
Interim Deputy County
Administrator
Approval �wDate
BOCC Approval Date
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ISLANDER VILLAGE___(RE#00127400000000)
5030 5h Avenue,Units 1-89: Key West.FL 33040
ISLANDER VILLAGE,LLC 305.294.4142
201 Front Street;Suite 107
Key West,FL 33040
UNIT#'S ADDRESS PERMIT#'S
1 5030 5th Avenue 06105968
2 to& 64 07100514
3 64 6607100515
4 66
" 07100516
5 66 6607103412
6 " " 07103413
7 " " 07101403
8 66 61607103814
9 cc
" 07103414
10 66 6607103415
11 " " 07103416
12 " 96 07103417
13 66 " 07103815
14 44 46 07103816
15 6607103418
16 " 07103419
17 66 07102982
18 " " 07103851
19 07103852
20 46 660710 53
21 46 " 0 03854
22 " 66 7103855
23 07103817
24 " ` 07103818 `
25 07102981
26 07103856
27 " 07103857
28 " 07103858
UNIT#'S ADDRESS PERMIT#'S ISLANDER VILLAGE
29 5030 5 Avenue 071038 0
30 " " 0710 20
31 4 ep 66 071 3421
32 " " 0 03422
33 " 46 7103423
34 " 46 07103424
35 " " 07103425
36 " 46 07103426
37 " " 07103427
38 07103428
39 64 " 07103429
40 " " 07103881
41 " 07103859
42 64 07103860 C- r.-))�P%Jck
43 " 07103861
44 " " 07103862
45 " " 07103863
4 66 07103864
7 " " 07103882
48 46 07103430
49 07103431
50 66 416 07103432
51 64
" 07103433
52 " 07103434
53 44 07103435
54 " 07103883
55 66 " 07103865
56 " 07103884
57 " " 07103885
58 66 07103866
59 " 07103886
60 " " 07103436
61 " " 07103437
UNIT#'S ADDRESS PERMIT VS ISLANDER VILLAGE
62 5030 5 Avenue 07103438
63 " 07103439
64 07103887
65 07103867
66 " 07103868
67 07103869
68 66 07103888
69 46 " 07103440
-70 " 07103441
71 " 07103AAII
72 66 " 07 443
73 46 100517
74 " " 07103444
75 07103889
76 " 07103870
77 " 07103871
78 " 07103872
79 07103873
80 07103874
07103890
82 " 07103445
83 07103446
84 " " 07103891
85 07103875
86 " 07103892
87 " 07103893
88 07103876
89 " " 07103894
tkq t rz� C ,/
County of Monroe
Growth Management Division
Planniney&Environmental Resources Board of County Commissioners
Department Mayor David Rice,Dist 4
110
2799 Overseas Highway.Suite 410 Mayor Pro Tem Kim Wigington,Dist 1
Marathon,FL 33050 Heather Carruthers,Dist 3
Voice: (305)289-2500 George Neugent.Dist 2
FAX: (305)289-2536 Sylvia I Murphy,Dist 5
We strive to be caring,professional ant/fair
September 17, 2012
Edwin O. Swift,III
Drive In, LTD/Islander Village, LLC
201 Front Street, Suite 224
Key West,FL 33040
SUBJECT: TIME EXTENSION PURSUANT TO STATE OF FLORIDA HOUSE OF
REPRESENTATIVES BILL 503
Mr. Swift,
This letter is in response to your request for a Florida H.B. 503 time extension to the project
approved by Monroe County Planning Commission Resolution#P35-05.
In 2005, a major conditional use permit was approved in order to redevelop the property,
commonly known as Islander Village, located along 5th Avenue on Stock Island, at approximate
mile marker 5 on the Atlantic Ocean side of US 1. The property is legally described as Block 59,
Lots 1-6, west '/ of Lot 7 and adjacent bay bottom, Maloney Sub (PB1-55), Stock Island,
Monroe County,Florida.
The approval was memorialized in Planning Commission Resolution #P35-05, signed by the
Planning Commission Chair on August 18, 2005. Following its passing of appeal periods, the
document was filed and recorded in the official records of the Monroe County Clerk of the
Circuit Court on December 7,2005.
Per the approval, a building permit application was required within five years of the recording
date-December 7,2010. All required certificates of occupancy and certificates of completeness
were required within.two years of the initial building permit's issuance.
A previous time extension was granted in accordance with Florida S.B. 360. As such,the project
was provided an amended expiration date of December 7, 2012 to submit a building permit
application.All required certificates of occupancy and certificates of completeness were required
within two years of the initial building permit's issuance,
Page l of 2(File 02012-107)
A second previous time extension was granted in accordance with §110-73 of the Monroe
County Code(memorialized by Planning Commission Resolution#P27-12). As such,the project
was provided an amended expiration date of December 7, 2013 to submit all building permit
applications and acquire all certificates of occupancy.
Florida H.B. 503 authorizes a two year permit extension for any development order or building
permit issued by local government. In order to be eligible for this extension and notwithstanding
other eligibility restrictions, the development order must have an expiration date between
January 1,2012 and January 1,2014.
In that the approval was set to expire on December 7, 2013 and the request is consistent with the
other requirements of Florida H.B. 503, the Planning&Environmental Resources Department is
authorized to grant your request. Therefore, the expiration date of the major conditional use
permit memorialized by Resolution #P35-05 is hereby extended to December 7, 2015. All
required certificates of occupancy must be acquired by this date unless additional extension is
granted.
Please be aware that this letter only addresses your request for a time extension to the major
conditional use permit memorialized by Resolution #P35-05. You may also need to time
extensions to building permits that have different expiration dates. Those requests shall be
reviewed independently by the Building Department and separate of this approval,
I trust that this information is of assistance. If you have any questions regarding the contents of
this letter, or if we may further assist you with your project, please feel free to contact our
Marathon office at(305)289-2500.
Sincerely yours,
Townsley ab, 40
Senior Director of Planning &Environmental Resources
Cc: Susan Grimsley,Assistant County Attorney
Joseph Haberman,Planning& Development Review Manager
Page 2 of 2(File#2012-107)