Item J5 J.5
Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS
�� Mayor David Rice,District 4
The Florida Keys � Mayor Pro Tem Craig Cates,District I
y Michelle Coldiron,District 2
James K.Scholl,District 3
Ij Holly Merrill Raschein,District 5
County Commission Meeting
June 15, 2022
Agenda Item Number: J.5
Agenda Item Summary #10706
BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2500
n/a
AGENDA ITEM WORDING: Approval of a Resolution Reserving One (1) Moderate-Income
Affordable Housing ROGO Allocation, Pursuant to Monroe County Code Section 138-24(b)(4), For
the Construction of One Affordable Housing Dwelling Unit on property at the corner of Cross Way
and West Circle Drive on the Ocean Side of Saddlebunch Key, MM 14, Lots 3 and 4, Block 3, Bay
Point Amended Plat, Having Property Identification Numbers 00160160-000000 and 00160170-
000000, until June 15, 2027.
ITEM BACKGROUND:
The Planning & Environmental Resources Department is requesting the reservation of one (1)
moderate income affordable ROGO allocation pursuant to Monroe County Land Development Code
Section 138-24(b)(4) for property located on Saddlebunch Key, at the corner of Cross Way and West
Circle Drive.
On May 20, 2022, the Monroe County Comprehensive Plan Land Authority (MCLA) purchased
property on Saddlebunch Key, at the corner of Cross Way and West Circle Drive, for the purposes of
public recreational facilities and potentially for affordable workforce housing/employee housing.
Prior to project initiation, the MCLA will transfer title of the property to the Monroe County BOCC.
The property is on the ocean side, near mile marker 14, with a legal description of Lots 3 and 4,
Block 3, Bay Point Amended Plat (PB 3-75) with Parcel ID Numbers 00160160-000000 and
00160170-000000, outlined in the aerial image below.
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On May 18, 2022, the Board of County Commissioners (BOCC) adopted a resolution establishing
the Monroe County Employee Housing Rental Program for residential units owned by the Monroe
County BOCC which are rented to Monroe County employees at reasonable rental rates. Several of
the housing units under this program are located at or near County-owned parks and/or recreation
facilities. Tenants of those units (County employees) have historically taken on additional tasks
related to care and security of the facilities when needed.
The Employee Housing Rental Program contemplates inclusion of future housing units which may
be developed by the County as deed restricted affordable housing units on land appropriate for
affordable housing.
The property in question is approximately 0.45 acres of upland within the Suburban Commercial
(SC) zoning district, and designated as Tier III; therefore, the site could support the development of
at least one affordable employee housing unit. The property is located adjacent, across West Circle
Drive, to Bay Point Park, a Monroe County park facility.
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Staff is recommending the reservation of one (1) Affordable ROGO allocation through June 15,
2027.
Relevant Land Development Code Provision:
Monroe County Code Section 138-24
(b) Reservation of affordable housing allocations. Notwithstanding the provisions of Section
138-26 for awarding of affordable housing allocations, the BOCC 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 BOCC in its resolution. The
BOCC may, at its discretion, place conditions on any reservation as it deems appropriate.
These reservations may be authorized by the BOCC for.
(1) The county housing authority, nonprofit community development organizations,
pursuant to Section 139-1(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 BOCC,
(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 BOCC,
(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 BOCC;
(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 BOCC, upon written request from the project sponsor
and approved by resolution of the BOCC,or
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(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 BOCC.
PREVIOUS RELEVANT BOCC ACTION:
On May 18, 2022, the BOCC adopted a resolution establishing the Monroe County Employee
Housing Rental Program for residential units owned by the Monroe County BOCC which are rented
to Monroe County employees at reasonable rental rates.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Reso. In Re Saddlebunch
MC EMPLOYEE HOUSING RENTAL PROGRAM
Warranty Deed Palermo to MCLA 5-20-2022
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:
Cheryl Cioffari Skipped 05/31/2022 1:54 PM
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Emily Schemper Completed 05/31/2022 2:40 PM
Peter Morris Completed 05/31/2022 2:43 PM
Purchasing Completed 05/31/2022 3:03 PM
Budget and Finance Completed 05/31/2022 3:34 PM
Brian Bradley Completed 05/31/2022 4:32 PM
Lindsey Ballard Completed 05/31/2022 4:36 PM
Board of County Commissioners Pending 06/15/2022 9:00 AM
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11
1 rw w„yd ri
2 RESOLUTION NO. -2022
3
4 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
5 COMMISSIONERS APPROVING THE RESERVATION OF ONE (1)
6 MODERATE-INCOME AFFORDABLE HOUSING ROGO
06
7 ALLOCATION,PURSUANT TO MONROE COUNTY CODE SECTION
8 138-24(B)(4), FOR THE CONSTRUCTION OF ONE AFFORDABLE
9 HOUSING DWELLING UNIT ON PROPERTY AT THE CORNER OF
10 CROSS WAY AND WEST CIRCLE DRIVE ON THE OCEAN SIDE OF
11 SADDLEBUNCH KEY,MM 14,LOTS 3 AND 4,BLOCK 3,BAY POINT
12 AMENDED PLAT, HAVING PROPERTY IDENTIFICATION
13 NUMBERS 00160160-000000 AND 00160170-000000, UNTIL JUNE 15,
a�
14 2027 FOR BUILDING PERMIT ISSUANCE.
15
16 WHEREAS, the State of Florida and all local governments in the Florida Keys (each subject to
17 Area of Critical State Concern mandates relating to housing affordability) recognize the need for 0
18 affordable housing throughout the state and particularly in the Florida Keys where developable land for 0
19 housing is extremely limited and expensive; and
20
0
21 WHEREAS, the challenge of providing affordable housing opportunities in the Florida Keys is CL
22 one requiring sensible and responsive use of residential unit allocations, including implementation of
23 long-term preservation mechanisms; and
24
25 WHEREAS, due consideration should be given to relevant factors such as the capacity for
26 allocation recipients to promptly transform allocation awards/reservations into finished and occupied 2
27 affordable/workforce housing units; and
28
29 WHEREAS, Section 138-24(b)(4) of the Monroe County Land Development Code allows the
30 BOCC to authorize reservations for "Specific affordable or employee housing programs sponsored by
31 the county pursuant to procedures and guidelines as may be established from time to time by the BOCC;" 6
32 and
33
34 WHEREAS, Monroe County has formally established the Monroe County Employee Housing
35 Rental Program for residential units owned by the Monroe County BOCC which are rented to Monroe
36 County employees at reasonable rental rates; and
37
38 WHEREAS, the Monroe County Comprehensive Plan Land Authority (MCLA) has purchased
39 the subject property on Saddlebunch Key for the purposes of public recreational facilities and potentially
40 for affordable workforce housing/employee housing; and
41
42 WHEREAS,prior to project initiation,the MCLA will transfer title of the property to the Monroe
43 County BOCC; and
44
1
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I WHEREAS,the reservation of affordable housing allocations for the anticipated project does not
2 exempt the project from applicable requirements of the Monroe County Land Development Regulations,
3 Building Code and other regulatory requirements; and
4
5 WHEREAS, Monroe County shall obtain all required approvals from the Planning &
6 Environmental Resources Department for the project; and
7
8 WHEREAS, Monroe County shall obtain permits for the affordable housing dwelling units by "
9 June 15, 2027; if the permit for the reserved ROGO allocation housing unit is not issued by that time,the
10 allocation will revert to the County;
11 �
12 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 06
13 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
14
15 Section 1: The foregoing recitals are true and correct and are hereby incorporated as if fully
16 set forth herein.
17
18 Section 2: The Monroe County Planning Department shall reserve one moderate income
a�
19 category affordable ROGO allocation, for the project located at the corner of Cross Way and West Circle
20 Drive on the ocean side of Saddlebunch Key, MM 14, Lots 3 and 4, Block 3, Bay Point Amended Plat,
21 having Property Identification Numbers 00160160-000000 and 00160170-000000 until June 15, 2027.
22 0
23 Section 3: The County must obtain the building permits for the affordable housing unit on or
24 before June 15, 2027.
25 CL
26 Section 4: The County shall comply with all Monroe County requirements, all applicable
27 Building Code requirements, and any other oversight agencies.
28
29 Section 5: The Planning and Building Department Staff is hereby authorized to process
30 expeditiously permit related applications for the above referenced project when received.
31
32 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
33 at a regular meeting held on the 15th day of June, 2022.
34 d
35 Mayor David Rice
36 Mayor Pro Tern Craig Cates
37 Commissioner Michelle Coldiron
38 Commissioner James K. Scholl
39 Commissioner Holly Merrill Raschein
40 °
41 BOARD OF COUNTY COMMISSIONERS OF MONROE
42 COUNTY, FLORIDA
43 BY
44 Mayor David Rice
45 (SEAL) MONAOE CO(JNTY ATTORNEY
46 ATTEST: KEVIN MADOK CLERK TGf 0,RMI
47
48 AS DEPUTY CLERK"
2
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06
MONROE COUNTY, FLORIDA BOARD
OF COUNTY COMMISSIONERS
RESOLUTION NO. -2022
A RESOLUTION OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS ("BOCC") ESTABLISHING THE
MONROE COUNTY EMPLOYEE HOUSING RENTAL
PROGRAM FOR RESIDENTIAL UNITS OWNED BY THE
MONROE COUNTY BOCC WHICH ARE RENTED TO MONROE
COUNTY BOCC AND MONROE COUNTY SHERIFF'S OFFICE U_
EMPLOYEES AT REASONABLE RENTAL RATES. <
0
1 WHEREAS, the Monroe County Board of County Commissioners ("BOCC", "Board",
2 "Monroe County", or the"County") currently offers a number of County-owned housing units to its
3 employees for long-term lease, but this has not yet been formally established, by resolution, as an
4 official BOCC affordable employee housing program; and
5 .,
6 WHEREAS, the BOCC currently owns four (4) housing units which have been rented to
7 County and Monroe County Sheriff's Office employees at reasonable rental rates to assist with
8 employee retention and to assist with on-site management of certain sites (such as parks and 0
9 beaches); and
10
11 WHEREAS, certain BOCC-owned units, although not subject to specific deed restriction
12 are rented to said employees at reasonable rental rates that have been approved by the BOCC when
13 leases with said employees are approved; and
z
14
15 WHEREAS, certain County-owned units are subject to affordable housing deed restrictions
16 per Monroe County Land Development Code ("Code" or "LDC") Section 139-1 and are therefore X
17 rented to said employees who meet applicable tenant income limits at rental rates not to exceed the W
18 maximum allowed by the Code; and 0
19 CL
20 WHEREAS, the County has also partnered with the Monroe County Housing Authority
21 ("MCHA") to develop and manage additional deed-restricted affordable housing units throughout 2
22 the county; and
23
24 WHEREAS, the County has acquired close to twenty (20) parcels of land since Hurricane
25 Irma made landfall in 2017, and is in the process of constructing additional deed-restricted
26 affordable employee housing units that may be either included in the employee housing rental
27 program, or may be managed by the MCHA as referenced above;
28
29
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I NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
2 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
3
4 Section 1. Recitals and Legislative Intent. The foregoing recitals and statements of legislative
5 intent are true and correct and are hereby incorporated as if fully set forth herein.
6
7 Section 2. A "Monroe County Employee Housing Rental Program" (the "program") is hereby
06
8 established, subject to the following guidelines and requirements:
9
10 1. The program shall consist of housing units owned by the Monroe County Board of
11 County Commissioners ("BOCC", "Board", "Monroe County", or the "Board") and
12 rented/leased to Monroe County BOCC non-probationary employees, and Monroe
13 County Sheriff s Office employees where necessary for security purposes, as determined
14 by the Board from time to time by resolution.
15 2. The BOCC's inventory of units within the program is:
16 (a.) 382 Caribbean Ave.; Unit A; Key Largo, FL
17 (b.) 382 Caribbean Ave.; Unit B; Key Largo, FL U_
18 (c.) 41 Judy Place; Key Largo, FL
0
19 (d.) 701 Sands Road; Big Pine Key, FL
20 3. Units will be leased at rates determined by the Board from time to time by resolution.
21 4. The program units deed restricted as affordable employee housing under LDC Section 9
22 139-1 must comply with income limits, maximum rental rates, and all other requirements
23 of the Code, and shall be subject to all qualification and monitoring requirements of the
24 Code. °0
25 5. New units may be added to the program by BOCC-approved Resolution as they are
26 acquired and/or constructed, and become available for lease.
27 6. Staff is hereby authorized to implement this program according to the foregoing 0
28 guidelines and/or requirements, including by creating and administering non-legislative
29 rules,policies,processes, and procedures, relating to, arising out of, or in connection
30 with the program, including but not limited to leases, qualification when required,
31 income qualification when required, etc. W
32 7. Only non-probationary employees are eligible. When a unit is available, the County will
33 offer the tenancy as directed by the BOCC. Rental rates shall be established. Occupancy
34 may be targeted to a specific variety of staff(for example, a housing unit located at a
35 park may be rented to park maintenance staff to assist the County with streamlined park 0
36 operations). Letters of recommendation from interested applicants' Department heads W
37 must be provided by such applicants. Applicants will be initially selected by lottery. If
38 there are applicable requirements to qualify (for example, income requirements), each 0
39 person or persons initially selected by lottery will be reviewed to ensure qualification and
40 income eligibility to ensure the person can meet the salient restriction(s) and/or W
41 requirement(s). If the person initially selected by lottery does not meet a materially 2
42 relevant restriction or qualification requirement, the next person(s) in numerical order
43 will become the operative initially selected person(s), and that process shall proceed,
44 until an eligible person or persons who can meet all such requirements/restrictions is/are
45 chosen.
46
47 Section 3. Construction and Interpretation. This Resolution, being necessary for the
48 health, safety, and welfare of the residents of and visitors to Monroe County, shall be liberally
49 construed to effect(uate) the public purpose(s) hereof. Interpretation of this Resolution shall be
2of3
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J.5.b
1 construed in favor of the Monroe County Board of County Commissioners, and such construction and
2 interpretation shall be entitled to great weight in adversarial administrative proceedings, at trial, in
3 bankruptcy, and on appeal.
4
5 Section 4. Non-Reliance by Non-Parties and No Third-Party Rights or Beneficiaries.
6 Nothing contained herein shall create or be construed or interpreted to create any relationship,
7 contractual or otherwise, with, or any rights in favor of, any third party. No person or entity shall be
06
8 entitled to rely upon this Resolution or any provision hereof to enforce or attempt to enforce any claim
9 or entitlement to or benefit of any service or program contemplated hereunder. T-
10
T-
11 Section 5. Section Headings. Section headings have been inserted into this Resolution as
12 a matter of convenience of reference only, and shall not be used in the interpretation or construction
13 of this Resolution or any part thereof. 2
14
15 Section 6. No Liability. Monroe County expressly reserves and in no way shall be U)
16 deemed to have waived for itself or for its officers em to ee s or a ent s an sovereign,
O� p y O� g O� y ��
17 governmental, and other similar defense, immunity, exemption, or protection against any suit, cause- X
18 of-action, demand, or liability. <
19 0
C9
20 Section 7. Severability. If any provision of this Resolution, or any part or portion thereof,
21 is held to be invalid or unenforceable by any administrative hearing officer or court of competent
22 jurisdiction, the invalidity or unenforceability of such provision, or any part or portion thereof, shall 0
23 neither limit or impair the operation, enforceability, or validity of any other provision of this
24 Resolution, or any remaining part(s) or portion(s)thereof. All other provisions of this Resolution and �o
25 remaining part(s) or portion(s)thereof, shall continue unimpaired in full force and effect.
26
27 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at
28 a duly noticed regularly scheduled public meeting of the BOCC held on the 181h day of May, 2022. W
29 ®a
30 Mayor David Rice
31 Mayor Pro Tern Craig Cates W
32 Commissioner Michelle Coldiron 0
33 Commissioner James Scholl
34 Commissioner Holly Merrill Raschein
35
36 BOARD OF COUNTY COMMISSIONERS
37 OF MONROE COUNTY, FLORIDA 0
38
39 By:
40 Mayor David Rice U
41 (SEAL) 2
42 ATTEST: KEVIN MADOK, CLERK
43 MONROE CO,
T ATTORNEY
FORM �
44 By:
45 AS DEPUTY CLERK _ ._._....r" .. .. _.__�. ._._ �._.,,.,,,,,. .
PETER MORRIS
STANT COUNTY ATTORNEY
ate; 5/3/22
3 of 3
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Doc#2376660 Bk#3175 Pg#532 Electronically Recorded 5/20/2022 at 1:01 PM Pages 2
Filed and Recorded in Official Records of MONROE COUNTY KEVIN MADOK
ElectronicallyREC: S18.50 Deed Doc Stamp S3,500.00
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Prepared By:
True Title Florida Keys,Inc. 06
9 Ships Way
Big Pine Key,FL 33043
Order No.: 2022-193
i
1 Property Appraiser's Parcel I.D.(folio)Number: 0
00160160-000000 and 00160170-000000 y
U)
WARRANTY DEED
THIS WARRANTY DEED dated the Ste"day of May, 2022,by Joseph A.Palermo,a married man,whose
post office address is 102 Ocean Bay Drive, Key Largo, Florida 33037 (the "Grantor"), to MONROE COUNTY
COMPREHENSIVE PLAN LAND AUTHORITY, a land authority under section 380.0663 (1), Florida
Statutes,and Monroe County Ordinance Number 031-1986,whose post office address is 1200 Ttlunan Avenue,
Suite 207,Key West,Florida 33040(the"Grantee"). �
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs,
legal representatives and assigns of individuals,and the successors and assigns of corporations) .,
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WITNESSETH: That the grantor, for and in consideration of the sum of Ten And No/100 Dollars ($10.00) and Q
other valuable consideration,receipt whereof is hereby acknowledged,hereby grants,bargains,sells,aliens,remises,
releases,conveys, and confirms unto the grantee,all the certain land situated in County of Monroe, State of Florida, N
viz: LO
Lots 3 and 4,Block 3,of BAY POINT AMENDED PLAT,according to the Plat thereof,as recorded in Plat U
Boole 3,Page 75,of the Public Records of Monroe County,Florida. 2
0
0
Grantor warrants that at the time of this conveyance,the subject property is not the Grantor's nor the Grantor's
spouse's homestead within the meaning set forth in the constitution of the state of Florida,nor is it contiguous to or a
part of homestead property.
as
Subject to easements,restrictions,reservations and limitations of record,if any.
TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in any wise
appertaining.
TO HAVE AND TO HOLD the same in Fee Simple forever.
AND the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple;that
the grantor has good right and lawful authority to sell and convey said land;that the grantor hereby fully warrants the
title to said land and will defend the same against the lawful claims of all persons whomsoever;and that said land is
free of all encumbrances,except taxes accruing subsequent to: 2021.
Warranty Deed
Paged '
i
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Doc.#2376660 Page Number:2 of 2
IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above
written.
06
Signed,scaled and delivered in presence of c�
1 Josh A.Palermo 'iti `ss'ignature
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Printed Nam ,of First WitnessrN >
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Printed Name oCSecon Witness 0
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STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was executed and acknowledged before me by means of Physical Presence or
Online Notarization this O1 day of May,2022 by Joseph A.Palermo. M
CN
Personally known CN
or Produced Identification CN
Type of Identification Producedr� � � a
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Print Name: V L �
My Conunission Expires: q P& Jesus R.Moy4
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;tv,t:my commission Expires 12111/20" 0
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Warranty Deed
Page 12
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