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Resolution 151-20151 2 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 y . MONROE COUNTY, FLORIDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS RESOLUTION NO. 151 - 2015 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING RESOLUTION 403 -2013 TO RESERVE ONE (1) ADDITONAL AFFORDABLE HOUSING DWELLING UNIT ALLOCATION FOR STOCK ISLAND HOLDINGS, LLC FOR USE ON MOBILE HOME PARK LOCATED ON PROPERTY AT 5350 3RD AVENUE, STOCK ISLAND, FLORIDA; FOR A TOTAL OF 47 ALLOCATIONS IN ACCRODANCE WITH THE DEVELOPMENT AGREEMENT BETWEEN OCEANSIDE INVESTORS, LLC SUMMERLAND PALMS INVESTORS, LLC, COCO PALMS DEVELOPERS, LLC, SUNCREST LANDINGS, LLC, STOCK ISLAND HOLDING, LLC AND SINGH INVESTORS, LLC; SETTING TERMS AND CONDITIONS. WHEREAS, Oceanside Investors, LLC ( "Oceanside Investors "), Summerland Palms Investors, LLC ( "Summerland Palms Investors "), Coco Palms Developers, LLC ( "Coco Palms "), Suncrest Landings, LLC ( "Suncrest Landings ") and Singh Investors, LLC ( "Singh Investors ")(Collectively, "Applicants ") entered into a Development Agreement (Agreement) with Monroe County (County) which was recorded in the Monroe County Public Records on December 19, 2013; and WHEREAS, the Agreement allowed the property owner, Oceanside Investors, to request 46 affordable Rate of Growth Ordinance (ROGO) allocations within five (5) years of the Agreement's effective date; and WHEREAS, Oceanside Investors and the County are utilizing the provisions of Monroe County Code Sec. 130 - 161.1, which allows the transfer of market rate units from mobile home parks after establishment of deed - restricted affordable housing units on the mobile home park property using affordable housing ROGO allocations from the County; and WHEREAS, the first mobile home park site, located at 24930 Overseas Highway, Summerland Key ( "Summerland Palms Property "), at Mile Marker 25, is legally described as Lot 55 and a portion of Lot 54, Summerland Yacht Harbor (Plat Book 2, 1 1 Page 142), having real estate # 00194741 .000100, #00194741.000200, 2 #00194741. 000300, # 00194741. 000400, # 00194741 .000500, #00194741.000600, 3 # 00194741. 000700, # 00194741. 000800, #00194741.000900, #00194741.001000, 4 # 00194741. 001100, # 00194741. 001200, # 00194741 .001300, #00194741.001400, 5 6 # 00194741. 001500, # 00194741. 001600, # 00194741 .001700, #00194741.001800, 7 # 00194741. 001900, #00194741.002000, #00194741.002100 and #00194741.002200; and 8 9 WHEREAS, the second mobile home park site, located at 21585 Old State Road 10 4A, Cudjoe Key ( "Cudjoe Coco Palms Property "), at Mile Marker 21, is legally described 11 as Lot 30, Sacarma (Plat Book 2, Page 48), having real estate #00174960.000000; and 12 13 WHEREAS, the third mobile home park site, located at 5176 Suncrest Road, 14 Stock Island ( "Stock Island Suncrest Property "), at Mile Marker 5, is legally described as 15 Lots 27 and 28, Sun Krest (Plat Book 1, Page 107), having real estate #00132680.000000; 16 and 17 18 WHEREAS, the Planning Commission requested a revision to the development 19 agreement to modify affordable housing income types of the 46 affordable housing units 20 from 100 percent moderate - income to an approximate combination of 50 percent 21 moderate - income, 25 percent median - income and 25 percent low- income; and 22 23 WHEREAS, the Board of County Commissioner's approved Resolution 403- 24 2013 reserving 46 allocations for a period of five years from the effective date of the 25 Development Agreement approved by the BOCC December 11, 2013. The reserved 26 allocations apportioned approximately 25% low income, 25% median income, and 50% 27 moderate income as follows: 28 29 a. The Stock Island Suncrest Property allocated three (3) low income and four (4) 30 moderate income affordable ROGO allocations. 31 b. The Summerland Palms Property allocated seven (7) low income, ten (10) median 32 income and five (5) moderate affordable ROGO allocations. 33 c. The Cudjoe Coco Palms Property allocated one (1) low income, two (2) median 34 income and fourteen (14) moderate income ROGO allocations. 35 36 WHEREAS, Oceanside Investors, LLC ( "Oceanside Investors "), Summerland 37 Palms Investors, LLC ( "Summerland Palms Investors "), Coco Palms Developers, LLC 38 ( "Coco Palms "), Suncrest Landings, LLC ( "Suncrest Landings "), Stock Island Holdings, 39 LLC ( "Stock Island Holdings ") and Singh Investors, LLC ( "Singh 40 Investors ")(Collectively, "Applicants ") are requesting a Second Amendment to the 41 Development Agreement (Agreement) with Monroe County (County) concurrently with 42 this Resolution to establish 47 units of Deed - Restricted Affordable Housing at existing 43 mobile home parks; and 44 45 WHEREAS, the proposed Second Amendment will increase total units from 46 46 to 47; and 2 I 2 WHEREAS, the new mobile home park site included in the proposed Second 3 Amendment Development Agreement is located at 5350 P Avenue, Stock Island ( "Stock 4 Island Holdings "), at Mile Marker 5, is legally described as Lots 19, 20, 21, 22, and 23 5 Block 53, Maloney Subdivision (Plat Book 1, Page 55), having real estate # 00126770- 6 000000;and 7 8 WHEREAS, the proposed Second Amendment is proposing the one additional 9 unit to come from the moderate income Affordable Housing category; and 10 11 WHEREAS, the Planning Commission requested a revision to the development 12 agreement to modify affordable housing income type; and 13 14 WHEREAS, Monroe County Code Sec. 138 -24(b) states: "Notwithstanding the 15 provisions of Monroe County Code Sec. 138 -26 for awarding of affordable ROGO 16 allocations, the Board of County Commissioners may reserve by resolution some or all of 17 the available affordable ROGO allocations for award to certain sponsoring agencies or 18 specific housing programs consistent with all other requirements of Monroe County Code 19 Chapter 138. Building permits for these reserved allocations shall be picked up within 20 six months of the effective reservation date, unless otherwise authorized by the Board of 21 County Commissioners in its resolution. The Board of County Commissioners may, at its 22 discretion, place conditions on any reservation as it deems appropriate. These 23 reservations may be authorized by the Board of County Commissioners for: 24 25 (1) The county housing authority, nonprofit community development 26 organizations, pursuant to Monroe County Code Sec. 130- 161(e), and other 27 public entities established to provide affordable housing by entering into a 28 memorandum of understanding with one or more of these agencies; 29 (2) Specific affordable or employee housing projects participating in a 30 federal /state housing financial assistance or tax credit program or receiving 31 some form of direct financial assistance from the county upon written request 32 from the project sponsor and approved by resolution of the Board of County 33 Commissioners; 34 (3) Specific affordable or employee housing projects sponsored by 35 nongovernmental not - for - profit organizations above upon written request 36 from the project sponsor and approved by resolution of the Board of County 37 Commissioners; 38 (4) Specific affordable or employee housing programs sponsored by the County 39 pursuant to procedures and guidelines as may be established from time to time 40 by the board of county commissioners; 41 (5) Specific affordable or employee housing projects by any entity, organization, 42 or person, contingent upon transfer of ownership of the underlying land for 43 the affordable housing project to the County, a not - for - profit community 44 development organization, or any other entity approved by the Board of 45 County Commissioners, upon written request from the project sponsor and 46 approved by resolution of the Board of County Commissioners; or k 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 (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 Board of County Commissioners "; and WHEREAS, Oceanside Investors qualifies for this reservation pursuant to Monroe County Code Sec. 138- 24(b)(4); and WHEREAS, the reservation of affordable housing allocation for the anticipated Oceanside Project does not exempt the Oceanside Project from applicable requirements in the Monroe County Code, Florida Building Code and other regulatory requirements; and WHEREAS, the reservation of the one additional affordable housing allocation for a period for greater than six months is necessary to provide consistency with the Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: Section 1. A total of 47 affordable housing ROGO allocation are reserved for the use of Oceanside Investors for a period of five years from the effective date of the companion Development Agreement between the parties listed above, approved by Monroe County on December 11, 2013. Section 2. The allocations will be apportioned approximately 25% low income, 25% median income, and 50% moderate income. Section 3. The reservation of twenty -four (24) moderate income affordable ROGO allocations, twelve (12) median income affordable ROGO allocations, and eleven (11) low income affordable ROGO allocations for award to the above mentioned mobile home parks shall expire five (5) years from the effective date of the companion Development Agreement between the parties listed above approved by Monroe County on December 11, 2013. a. The Stock Island Suncrest Property shall be allocated three (3) low income and four (4) moderate income affordable ROGO allocations. b. The Summerland Palms Property shall be allocated seven (7) low income, ten (10) median income and five (5) moderate affordable ROGO allocations. c. The Cudj oe Coco Palms Property shall be allocated one (1) low income, two (2) median income and fourteen (14) moderate income ROGO allocations. d. The Stock Island Holdings Property shall be allocated one (1) moderate income affordable ROGO allocation. 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 BY ` Mayor Danny X&age HEAVILIN, CLERK 30 31 32 DEPUTY ERK 5 Section 4. The reservation of 1 moderate income affordable ROGO allocation for Stock Island Holdings property shall be allocated 1 moderate income affordable housing to the above mentioned mobile home parks shall expire five (5) years from the effective date of the companion Development Agreement between the parties listed above approved by Monroe County on December 11, 2013. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on thelOth day of June, 2015. Mayor Danny Kolhage Yes Mayor Pro Tem Heather Carruthers Yes Commissioner George Neugent Yes Commissioner David Rice Yes Commissioner Sylvia Murphy Yes %0 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA MONROE COUNTY ATTORNEY Af qROVED AS FORM: �. Uj STEVEN T. WILLIAMS ASSISTANT COUNTY ATTORNEY Date li o ° ' *1 z .:Dc- `^ L r= rn %0 O --4 :< Z �� `r to C-3 7-0 fA) C-7