Item H05
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 16. 2005
Bulk Item: Yes X No
Division: Growth Management
Department Planning
Staff Contact Person: K. Marlene Conaway
AGENDA ITEM WORDING: Approval for one Affordable/Employee I-Iousing Deed Restriction for two dwelling
units from J. Murray & Mary H. Shatto
ITEM BACKGROUND: On February 9, 2005 the Planning Commission approved two allocation awards for the
applicantslisted below provided the applicants'AffordablelEmployee Housing Deed Restriction is approved by the
BOCC. J. Murray & Mary H. Shatt submitted the Restrictive Covenant to Monroe County. The applicants are
receiving two dwelling unit allocation awards for the year ending July 13, 2005, have filed the document in
accordance with Ordinance No. 47-1999.
PREVIOUS RELEVANT BOARD ACTION: None
CONTRACT! AGREEMENT CHANGES: N! A.
STAFF RECOMMENDATION: Approval.
TOT AL COST: X
BUDGETED: Yes N/ A No
COST TO COUNTY: N/A
SOURCE OF FUNDS: N/ A
AMOUNT PER MONTH N/ A Year
REVENUE PRODUCING: Yes N/A No
APPROVED BY: County Atty l
Risk Management N! A
DIVISION DIRECTOR APPROVAL:
arry, AICP
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
MEMORANDUM
TO::
FROM:
DATE:
RE:
Danny Kolhage, Clerk ofthe Court
Timothy J. McGarry, Growth Management Dir~
March 16, 2005
Clarification of Agenda Item
Affordable/Employee Housing
Permit
Number
Name on
Agenda Item
Name on
Restrictive Covenant
Legal
Description
04-1-2781 and 04-1-
2783
J. Murray & Mary H.
Shatt
J. Murray & Mary H.
Shatt
Lots 29 & 30, Block 1,
Summerland Key Cove
Amended, Summerland
Key
Prepared by:
J. Murray Shatt
P.O. Box 420488
Summeralnd Key, FL 33042
MONROE COUNTY PLANNING DEPARTMENT
AFFORDABLE/EMPLOYEE HOUSING DEED
RESTRICTION
STA TE OF FLORIDA
COUNTY OF MONROE
Notice is hereby given that
I. I/We, J. Murrav & Mary H. Shatt, a married couple, the undersigned
is/are the sole owner(s) of certain real property, situated, lying and being
in Monroe County, State of Florida, described as follows:
Lot(s): 29 & 30 Block: 1
Subdivision: Summerland Kev Cove Amended
Key: Summerland PB: 4-35
(If legal description is metes and bounds, attach a separate sheet)
Real Estate Number: 00189160.000000 and
00189170.000000
II. The employee housing units Building Permit Numbers are 04-1-2781 and
04-1-2783.
III. Under the applicant(s) or owner-occupied moderate income affordable
housing provisions set for in Chapter 9.5 of Monroe 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 (check one): a single-family _, a multi-family unit, _' a
mobile home --'- employee housing 2 units to be constructed on said
real property.
Real Estate No. # 00189160.000000 and 00189170.000000
Affordable HousingiEmployee ff"'1Sing Deed Restriction Page 1 of3
Jnit"'~ frllJA
IV. The annual adjusted gross income for the owner-occupied household
does not exceed one hundred-twenty (120) percent of the median
adjusted gross annual income within Monroe County.
V. Under Monroe County Code Section 9.5-266, the affordable housing
dwelling unit is restricted to a maximum of one thousand three hundred
(1,300) square of feet habitable space for a period of at least thirty (30)
years.
VI. Under Monroe County Code Section 9.5-4(E-1) Employee housing is
restricted to households, which derive at least seventy (70) percent of their
household income from gainful employment in Monroe County and meet
the requirements for affordable housing per sections 9.5-4(A-5) and 9.5-
266.
VII. The Maximum sales price, the affordable housing unit shall mean a price
not exceeding four and one-quarter (4.25) times the annual median
household income for Monroe County.
VIII. The applicant(s) have used the affordable housing program to gain
additional points in the permit allocation system pursuant to Monroe
County Section 9.5-122.3(6).
IX. The covenants shall be effective for thirty (30) 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 thirty (30) 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 the affordable housing unit may only be sold to a
household within the same income class , i.e., a median income
household which purchased a home within this category must sell the
home to a qualifying household within the median income category.
XI. All of the restrictions herein shall be binding upon any transferees,
lessees, heirs, assigns or successors in the chain of title.
XII. Monroe County may enforce this affordable housing deed restriction
through any legal procedure available, whether at law or equity.
Real Estate No. # 00189160.000000 and 00189170.000000
Affordable Housing/Employee Housing Deed Restriction
Page 2 of3
~J
in RIJ
Initial _
IIwe certify that I/we am/are familiar with the information herein contained and
that it is true and correct to the best of my knowledge and belief; and lIwe will
abide by the above stated restrictions pursuant to Monroe County Code Chapter
9.5 as may be amended from time to time.
WITNESSESS:
~<+f
(
L"uV${o~
Ci ")
1.1,./
(Signature)
G' "A "
Ct,0cl.Cl. " . I.kC}~j1
(PrintIType Name)
Address: ~O I ~f Lf;).o tfgg..;
.
Summe~lmvd K.a.-,Jf:L '3 SD'f~
;J
~~
:fohN '1'e~l:4JVGfoRd
\rintlType ~
. C\
~'0
Address: f:Ol&>X 4~\fJ'~
SummtYd'~-J&u.}IPL ~"304 ~
My Commission
MONROE~C~NTY, TTORNEV
Real Estate No. # 00189160.000000 and 00189170,OOOOOOPPP;" ,. i,' r " C,)n'.~
Affordable HousillglEmployee Housing D""d Re,trioti'llOle _::: Pii'- of 3_ --Z~tWF ill II J.l