www.mymanatee.org
Manatee County Government Administrative Center Honorable Patricia M. Glass Chambers, First Floor 9:00 a.m. - November 19, 2019
November 19, 2019 - Regular Meeting
Agenda Item #76


Subject
Livable Manatee Land Use Restriction Agreement for Robin's Apartments

Briefings
All

Contact and/or Presenter Information

Geri Lopez, Director of Redevelopment and Economic Opportunity Department, ext. 3937

Denise Thomas, Community Development Division Manager, ext. 3474



Action Requested
Authorization for the Chairman to execute the Land Use Restriction Agreement for Livable Manatee Multifamily Rental Incentive Program between Manatee County and Robin's Apartment, LLC (Owner) for property located at 2303 1st Street, Bradenton, FL  34208.

Enabling/Regulating Authority
Resolution R-17-069 - Livable Manatee Incentive Program

Background Discussion

On August 22, 2017, the Board of County Commissioners adopted Resolution R-17-069 establishing the Livable Manatee Incentive Program for qualified new affordable housing in unincorporated Manatee County and authorizing the establishment of Administrative Procedures for implementation of the Livable Manatee Incentive Program.

On February 21, 2019, an Affordable Housing Designation Application was received from the Owner of Robin's Apartments, LLC for the Livable Manatee Incentive program.  Per program procedures, only 50% or 120 of the 240 units in the development will be eligible for the incentive.  Given their stated rents, those 120 units will serve households from 31% to 120% of the Area Median Income (AMI).

Due to the amount of the school impact fees, the Owner of Robin's Apartments, LLC submitted to the School District of Manatee County for consideration and approval, an independent impact fee study for Robin's Apartments. On June 6, 2019, the School District of Manatee County approved the independent study subject to the execution of a Land Use Restriction Agreement with the School District of Manatee County within six months of the date of the approval.

On September 23, 2019, Patricia Petruff, attorney for Robin's Apartments, LLC submitted a LURA markup for Robin's Apartments that incorporated revisions by the School District of Manatee County and the Owner of Robin's Apartments, LLC.

On October 8, 2019, staff submitted an RLS to the County Attorney's Office for review of the LURA with recommended revisions to the document by staff to ensure compliance with the requirements of the Livable Manatee Incentive program.

On October 17, 2019, a response was received from the County Attorney's Office advising that the School Board provisions be excluded from the LURA and that the School Board establish a separate LURA agreement for enforcement of their provisions to the negotiated reduction in school impact fees. This request was discussed with the attorneys representing the developer and the School Board by the County Attorney's Office and all parties were in agreement with the requested change.

On October 31, 2019, Patricia Petruff, attorney for Robin's Apartments, LLC provided a LURA with all requested revisions made for staff review. Upon staff review of the revised LURA, an executed copy of the LURA signed by the Owner was submitted on October 31, 2019 to be placed on the Board of County Commissioners agenda for November 19, 2019.

Execution of the LURA is required prior to payment of County and School Impact Fees through the Livable Manatee Multifamily Rental Incentive program. The LURA runs with the land and has a 20 year affordability period.  Redevelopment and Economic Opportunity staff will monitor the project on a yearly basis to ensure compliance.



County Attorney Review
Formal Written Review (Opinion memo must be attached)

Explanation of Other


Reviewing Attorney
Clague

Instructions to Board Records
Please provide one original executed Land Use Restriction Agreement to Denise Thomas, ext. 3474, Redevelopment and Economic Opportunity Department (denise.thomas@mymanatee.org).

Cost and Funds Source Account Number and Name
18400020605.582000

Amount and Frequency of Recurring Costs
$113,724


Attachment:  Robin's Apt LURA.pdf
Attachment:  CAO Opinion.pdf
Attachment:  School Board Impact Fee Reduction.pdf
Attachment:  Aerial Map of Property Located at 2303 1st Street East.pdf