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Item Q2BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: January 19, 2012 Division: Growth Management Bulk Item: Yes i No X Department: Planning & Environmental Resources Staff Contact Person/Phone #: Christine Hurley — 289-2517 Joseph Haberman - 289-2532 AGENDA ITEM WORDING: Approval of a Development Agreement between Roy's Trailer Park, Inc. (doing business as Island Life Village Trailer Park, Inca and Monroe County for property located at 6500 Maloney Avenue, Stock Island, real estate no. 00126090.000000. ITEM BACKGROUND: The development agreement would allow the property owner to transfer market -rate Rate of Growth Ordinance (ROGO) exemptions associated with 108 existing, lawfully established mobile homes to another receiver site or sites in exchange for maintaining an equal or greater number of deed -restricted affordable dwelling units on the subject property or sender site. The development agreement is required as part of an affordable housing incentive program as set forth in MCC §130-161.1. On January 18, 2008, the Planning & Environmental Resources Department issued a letter of development rights determination which stated 108 permanent residential dwelling units and 204 SF of non-residential floor area were lawfully established on the site. On November 30, 2010, this development agreement was reviewed by the Development Review Committee. On December 1, 2011 (continued from September 28, 2011 and November 9, 2011), this development agreement was reviewed by the Planning Commission at a public hearing. PREVIOUS RELEVANT BOCC ACTION: nla CONTRACT/AGREEMENT CHANGES: nla STAFF RECOMMENDATIONS: Approval TOTAL COST: INDIRECT COST: BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APROVED BY: County Atty x OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # MONROE COUNTY PLANNING &ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring, professional and fair To: The Monroe County Board of County Commissioners Through: Christine Hurley, Director of Growth Management Townsley Schwab, Senior Director of Planning &Environmental Resources Susan Grimsley, Assistant County Attorney From: Joseph Haberman, AICP, Planning &Development Review Manager Date: December 30, 2011 Subject: Request for a Development Agreement between Roy's Trailer Parr Inc. (doing business as Island Life Village Trailer Park, Inc) and Monroe County for property located at 6500 Maloney Avenue, Stock Island, real estate no. 00126090.000000 (File #2010-069) Meeting: January 19, 2012 1 I REQUEST: 2 3 The development agreement would allow the property owner to transfer market -rate Rate of 4 Growth ordinance (ROGO) exemptions associated with 108 existing, lawfully established 5 mobile homes to another receiver site or sites in exchange for maintaining an equal or greater 6 number of deed -restricted affordable dwelling units on the subject property or sender site. 7 The development agreement is required as part of an affordable housing incentive program as 8 set forth in MCC § 13 0-161.1. 9 10 The intent of this program is to serve as an incentive for mobile home park owners to 11 maintain mobile home park sites, mobile home developments in Urban Residential Mobile 12 Home and Urban Residential Mobile Home Limited -L) districts, and 13 contiguous parcels under common ownership containing mobile homes where any of the 14 foregoing is presently serving as a primary source of affordable housing in Monroe County 15 (being an "eligible sender site") by providing an alternative development strategy to 16 straightforward market -rate redevelopment. This program is intended to allow the transfer of 17 market -rate ROGo exemptions associated with lawfully established dwelling units now 18 existing at an eligible sender site to be transferred to another site or sites in exchange for 19 maintaining an equal or greater number of deed -restricted affordable dwelling units within 20 Monroe County. This program seeks to address the housing needs of the Florida Keys as a 21 regional obligation. 22 23 24 25 26 Page 1 of 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 22 34 39 27 28 30 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Subject Property (2009) Location: Address: 6500 Maloney Ave., Stock Island, mile marker 5 (Atlantic Ocean Side of US 1) Legal Description: Lots 4-11 and 40-47, Square 46, Maloney Sub, Stock Island (PB 1-5 5) Real Estate (RE) Number: 00126090.000000 Applicant: Property Owner: Roy's Trailer Park, Inc. Agent: Owen Trepanier II RELEVANT PRIOR COUNTY ACTIONS: On January 18, 2008, the Planning & Environmental Resources Department issued a letter of development rights determination which stated 108 permanent residential dwelling units and 204 SF of non-residential floor area were lawfully established on the site. On November 30, 2010, this development agreement was reviewed by the Development Review Committee. On December 1, 2011 (continued from September 28, 2011 and November 9, 2011), this development agreement was reviewed by the Planning Commission at a public hearing. III BACKGROUND INFORMATION: A. Total Size of Parcel: 7.4 acres (323,459 SF) B. Land Use District: Urban Residential Mobile Home Limited (URM-L) Page 2 of 7 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 C. Future Land Use Map (FLUM) Designation: Residential High (RH) D. Tier Designation: Tier 3 E. Flood Zones: Part AE — EL 8 and part AE — EL 9 F. Existing Use: Mobile home park G. Existing Vegetation / Habitat: Scarified H. Community Character of Immediate Vicinity: Muted Use; mobile home, single-family residential, recreational vehicle, commercial and marina uses IV REVIEW OF APPLICATION: The B OCC shall have authority to enter into a development agreement by resolution with any person having a legal or equitable interest in real property located within the unincorporated area of Monroe County if the development agreement meets all of the requirements of the Florida Local Government Development Agreement Act, section 163.3220-163.3243, Florida Statutes; provided, however, that the duration of the development agreement shall not exceed 10 years, and any duration specified in a development agreement shall supersede any conflicting duration otherwise specified in the land development regulations. Pursuant to section 163.3 227, Florida Statutes, a development agreement shall include the following: a) A legal description of the land subject to the agreement, and the names of its legal and equitable owners: The applicant submitted a survey and legal description as part of the development agreement, as referenced in Section III, A (page 3) and provided in Exhibit A. Ownership is stated in Section I (page 1). b) The duration of the agreement: The agreement shall remain in effect for 10 years from the effective date, as stated in Section III, B (page 3). c) The development uses permitted on the land, including population densities, and building intensities and height: Permitted uses are stated in Section III, C, 1 (page 3). Specifically, they are described as "108 affordable housing units, accessory recreational uses, a mirilmum of 108 parking spaces, and a project management office." Concerning uses permitted on the land, pursuant to MCC § 130-100, in the URM-L district, mobile homes may be permitted as - of -right with building permits. Permitted intensities are stated in Section III, C, 3 (page 3). Specifically, it is stated as one unit per [non -platted mobile home] lot. Concerning building intensities, pursuant to the MCC, in the I.TRM-L district, the following residential density maximums apply: Page 3 of 7 1 2 3 4 5 6 7 8 9 to 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 Land Use Maximum Net Size of Site Max I Lawfully- Potential Density 1 FAR Allowed Established Used Residential 1 unit I lot or 7 16 platted lots or 41.3 units 148 units 262 % (Permanent) dwelling units 1 7.4 acres (5.9 buildable acre* buildable acres Office 0.0 ** 3235459 SF 16,718 SF 204 SF -- (Non Residential TOTAL 262 % * The site is a mobile home park, as defined in MCC § 10 1-1, and since the mobile home park was established at its current density of 108 in 1986, it deemed to have maximum net density. * * Office uses are not permitted on a parcel of land designated as URM-L which does not abut the right-of- way of US; however the existing 204 SF office is a lawful nonconforming use The proposal is not in compliance the current residential density provisions. However, pursuant to MCC §130-163, notwithstanding the provisions of §130-157, §130-158, and § 13 0-162, the owners of land upon which a lawfully established mobile home exists shall be entitled to one dwelling unit for each type of dwelling unit in existence before January 43 1996. Such legally -established dwelling unit shall not be considered as a nonconforming use. There are 108 lawfully established mobile homes associated with the property, which was in existence before 1996. Therefore, the residential density of 108 mobile homes shall not be considered nonconforming. Permitted intensities are stated in Section III, C, 4 (page 3). Specifically, it is stated that "height shall not exceed that permitted in the Monroe County Code Section 13 0-187 and in effect at the time of this agreement." Concerning height, building/mobile home elevations were not submitted. Staff conducted a site visit and determined that no existing structures exceed the maximum height of 3 5' . Building permits shall be required for replacement mobile homes. Upon review of the building permit applications for replacement mobile homes, staff shall determine compliance with regulations pertaining to height. d) A description of public facilities that will service the development, including who shall provide such facilities; the date any new facilities, if needed, will be constructed; and a schedule to assure public facilities are available concurrent with the impacts of the development: Public facilities are described in Section III, D (pages 3-4). Note: Public facilities shall be provided by the Florida Keys Aqueduct Authority (water), Keys Energy Services (electric), Monroe County (solid waste) and Key West Resort Utilities (wastewater). e) A description of any reservation or dedication of land for public purposes: Reservation or dedication of land is described in Section III, E (page 4). Note: There will be no reservation or dedication of land for public purpose. fl A description of all local development permits approved or needed to be approved for the development of the land: Page 4 of 7 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 Required local development permits are described in Section III, F and G (pages 4-7). The 108 mobile homes are currently in existence. To replace and improve the existing mobile homes, subsequent building permits shall be required as determined by the Director of Planning & Environmental Resources and Building Official. In addition, to identify, approve and document receiver sites for the market -rate dwelling units to be transferred off -site, minor conditional use permit applications and approvals shall be required. Building permits shall be required for their construction. g) A finding that the development pernutted or proposed is consistent with the local government's comprehensive plan and land development regulations: A finding of consistency is provided in Section III, H (page 8). Note: some language within the current draft agreement may need to be amended between the Planning Commission public hearing and BOCC public hearing. However, in general, the development agreement is consistent with the Monroe County Comprehensive Plan, the Master Plan for the Future Development of Stock Island &Key Haven (also known as the Livable CommuniKeys Plan) and the purpose and permitted uses of the URM-L district within the Monroe County Code. h) A description of any conditions, terms, restrictions, or other requirements determined to be necessary by the local government for the public health, safety, or welfare of its citizens: Development and affordable housing standards is discussed in Section III, G (pages 5-7). i) A statement indicating that the failure of the agreement to address a particular permit, condition, term, or restriction shall not relieve the developer of the necessity of complying with the law governing said permitting requirements, conditions, term, or restriction: Breach, amendment, enforcement and termination of the development agreement are discussed in Section III, J (pages 8-9). Other Issues: Allocation by Resolution: In accordance with MCC §138-24(b), notwithstanding the provisions of MCC §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 the Land Development Code. Building permits for these reserved allocations shall be picked up within six months of the effective reservation date, unless otherwise authorized by the Page 5 of 7 1 BOCC in its resolution. The BOCC may, at its discretion, place conditions on any 2 reservation as it deems appropriate. These reservations may be authorized by the BOCC 3 for...(4) Specific affordable or employee housing programs sponsored by the county 4 pursuant to procedures and guidelines as may be established from time to time by the 5 BOCC. 6 7 Staff has found that the affordable ROGO allocations must be reserved by resolution and 8 the reserved affordable ROGO allocations shall be picked up within six months of the 9 effective reservation date, unless otherwise authorized by the BOCC in its resolution. 10 The timeframe for the reservations to be picked up made be extended by the BOCC by 11 subsequent resolution(s). 12 13 Allocations: 14 15 There are a limited number of affordable ROGO allocations available at any given time. 16 Further, there is another similar development agreement being processed by the County 17 concurrent to this application. Pursuant to MCC §138-24, the number of market rate 18 ROGO allocations available in each subarea of the unincorporated county and the total 19 number of affordable ROGO allocations available countywide on a yearly basis is as 20 follows: 21 22 23 24 25 26 27 28 29 30 31 Sub Area Number of Dwelling Units Market Rate Upper Keys 61 Lower Keys 57 Big Pine and No Name Keys S Total Market Rate 126 Affordable Very Low, Low, and Median. Incomes 36* Moderate Income 35* Total Affordable 71 Total Units a Year 197 *Includes one for Big Pine Key and No Name Key The development agreement requires that the County reserve up to 108 affordable ROGO allocations. Additional Resolution: Pursuant to MCC §130-161(a)(6)h., affordable housing projects shall be no greater than 20 units unless approved by resolution of the Planning Commission. As the site was developed as -of -right, staff has determined that approval of this development agreement Page 6 of 7 I requires a finding by the Planning Commission that the subject property (sender site) is 2 suitable for 20 or more units of affordable housing. In order to ensure compliance, staff 3 shall request that the Planning Commission must undertake a vote to approve a resolution 4 stating that the subject property is suitable as such. This vote shall be separate from the 5 vote regarding a recommendation of approval or denial of the development agreement. 6 7 V RECOMNENDATION: 8 9 Planning &Environmental Resources Department staff recommends approval of the 10 development agreement; however if necessary the Director of Growth Management and 11 County Attorney are reserving the right to request additional provisions and revisions at and 12 following the Planning Commission public hearing. Page 7 of 7 1 1 DEVELOPMENT AGREEMENT 2 3 4 THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into on the 5 day of - - - - _, 2012, by and between MONROE COUNTY, a political 6 subdivision of the State of Florida ("Monroe County"), and ROY'S TRAILER PARK, INC. 7 dlbla ISLAND LIFE VILLAGE TRAILER PARK, INC. ("Island Life"). 8 9 WITNESSETH. 10 11 The Parties hereto (the "Parties") hereby agree as follows: 12 13 I. RECITALS 14 15 Island Life owns a parcel of land known as "Island Life Village Trailer Park" located at 16 6500 Maloney Avenue, Stock Island, (the "Property"), the legal description of which is contained 17 in Exhibit A — Survey of the Island Life Village Trailer Parr Property, attached hereto and made 18 a part hereof (the "Survey"). 19 20 A. Island Life has the authority to enter into this Agreement through Florida Statutes 21 Chapter 163 and the sole and undivided ownership of the Property. 22 23 B. The Monroe County Year 2010 Comprehensive Plan (the "Comprehensive Plan") 24 designates all the parcels of the Property as "Residential High" on its Future Land 25 Use Map. The County Land Use District map designation for the Property is 26 "Urban Residential Mobile Home - Limited" -L). 27 28 C. Historically, the Property was used as a Mobile Horne Park with 108 Residential 29 Rate of Growth Ordinance (ROGO) exemptions for permanent dwelling units and 30 204 sq. it. of Nonresidential Rate of Growth ordinance (NROGO) exempt 31 nonresidential floor area recognized by Monroe County in its Letter of 32 Development Rights Determination dated 01/18/08. 33 34 D. Section 13 0-161.1 of the Monroe County Land Development Regulations ("Land 35 Development Regulations") intends "to establish an appropriate incentive for 36 mobile home park owners to maintain mobile home park sites, mobile home 37 developments in URM and URM-L districts, and contiguous parcels under 38 common ownership containing mobile homes where any of the foregoing is 39 presently serving as a primary source of affordable housing in Monroe County 40 (any of the foregoing being an "eligible sender site") by providing an alternative 41 development strategy to straightforward market -rate redevelopment. This program 42 is intended to allow the transfer of market rate ROGO exemptions associated with 43 lawfully established dwelling units now existing at an eligible sender site to be 44 transferred to another site or sites in exchange for maintaining an equal or greater 45 number of deed -restricted affordable dwelling units within Monroe County. This Island Life Final Rev. 11 / 14/ 11 L 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 program seeks to address the housing needs of the Florida Keys as a regional obligation." This program provides an eligible sender site owner the opportunity to transfer market rate ROGO exemptions currently associated with existing and lawfully established dwelling units from eligible sender sites to receiver site(s) within Monroe County, provided that it involves the pooling of affordable dwelling unit rights for redevelopment at donated, purchased or otherwise appropriately deed - restricted sites, and transfer of ROGO exemptions or allocations for the purpose of implementing and facilitating one or more affordable housing projects. The provisions of this section shall control over all contrary provisions of this chapter related to the transferability of ROGO exemptions.. E. Section 163.3220, Florida Statutes, authorizes Monroe County to enter into agreements with landowners and/or governmental agencies to encourage a stronger commitment to comprehensive and capital facilities planning, ensure the provision of adequate public facilities for development, encourage the efficient use of resources, and reduce the economic cost of development. F. This Agreement, among other things, is intended to and shall constitute a development agreement among the Parties pursuant to the Florida Local Government Development Agreement Act, Section 163.3223, et seq., Florida Statutes (the "Act"). G. Both Monroe County and Island Life recognize that the public noticing and hearing procedures shall follow the requirements of F.S. 163.3225, which require public hearings before the Planning Commission and the Monroe County Board of County Commissioners ("BOCC"') for consideration of a development agreement. H. Monroe County finds that entering into this Agreement furthers the purposes, goals, objectives, and policies of the Comprehensive Plan which contains objectives and policies that seek to encourage the provision of affordable housing through incentive programs and changes to the Land Development Regulations and the residential dwelling pernut allocation system. (Objective 601.2, Policy 601.1.12 and Objective 601.6). II. PURPOSE The overall purpose of this Agreement is to allow the County and Island Life to implement the provisions of Monroe County Code Section 130-161.1 as applied to the Property in order to supply needed affordable housing in the unincorporated Lower Keys and to allow for a reasonable use of the Property by allowing the transfer of market rate permanent residential ROGO exemptions lawfully associated with the Property to eligible receiver sites in the unincorporated Lower Keys. III. AGREEMENT REQUIREMENTS Island Life Final Rev. 11 / 14/ 11 91 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 The Parties recognize the binding effect of Sections 163.3220-163.3243, Florida Statutes, as to the form and content of this Agreement and in accordance therewith set forth and agree to the following: A. Legal Description and ownership. The legal description for the Property subject to this Agreement is set forth in Exhibit A. B. Duration of Agreement. This Agreement shall remain in effect for ten (10) years from the "Effective Date" as defined herein, and may be extended by mutual consent of the Parties and approval at a public hearing, in accordance with Florida Statutes Section 163.3229 (2007). For the duration of this Agreement, the Parties agree that any development shall comply with and be controlled by this Agreement, the Monroe County Code, and the Monroe County Comprehensive Plan governing the development of the land in effect on the date of execution of this Agreement, in accordance with Section 163.3220, Florida Statutes. C. Permitted Uses. 1. In accordance with this Agreement and with the Urban Residential Mobile Home - Limited -L) Land Use district, the permitted uses for Property include, but are not limited to: one hundred eight (108) affordable housing units in the form of mobile homes, accessory recreational uses, a minimum of 108 parking spaces, and a project management office'. 2. The Property consists of 16 platted lots of record as depicted in Exhibit A. 3. The unit density of the property is one (1) unit per each unplatted mobile home lot. The Property contains 108 RGGG-exempt units. while this density is representative of the existing residential entitlements recognized as per the County's LDRD, dated 01/18/08. The density of lawful dwelling units is not considered nonconforming in accordance with Section 130-163 of the Monroe County Code. Specifically, this section states "Notwithstanding the provisions of sections 130-157, 13 0-158, and 13 0-162, the owners of land upon which a lawfully established dwelling unit, mobile home, or transient residential unit exists shall be entitled to one dwelling unit for each type of dwelling unit in existence before January 4, 1996. Such legally -established dwelling unit shall not be considered as a nonconforming use". 4. Maximum height shall not exceed that permitted in the Monroe County Code Section 130-187 and Monroe County Comprehensive Plan Policy 101.4.24 and in effect at the time of this agreement. Do Public Facilities. There are no impacts on public facilities, since the number of lawfully approved units is derived from pre-existing mobile homes and commercial floor area is not increased by approval and application of this Agreement. The number of units and the commercial floor area were recognized 1 As depicted in Exhibit D Island Life Final Rev. 11114/ 11 4 1 in the planning for the sewage treatment plant serving this area of Stock Island 2 and the units and floor area were accounted for as existing in the data base 3 prepared for the Monroe County 2010 Comprehensive Plan. 4 1. The Florida Keys Aqueduct Authority provides domestic potable water to 5 the Property. The Florida Keys Aqueduct Authority will individually 6 meter each unit. 7 2. Electric service is provided by Keys Energy Services to the Property, and 8 each unit will be individually metered. 9 3. Solid waste service is provided to the Property by a solid waste collection 10 system franchised by Monroe County. 11 4. The Property is connected to central sewer via the Key West Resort 12 Utilities system available to Stock Island properties. 13 14 E. Reservation or Dedication of Land. There is no reservation or dedication of 15 land for public purpose contemplated by this Agreement. 16 17 F. Development Allowed. The following specific criteria are those which will guide 18 the development of the Property and are the standards by which any further 19 approvals shall be measured and shall be as follows: 20 1. To allow Island Life to transfer 108 market rate permanent residential ROGO 21 exemptions to one or more individual single-family and/ or multi -family lots 22 in the unincorporated Lower Keys sub -area with the exception of Big Pine and 23 No Name Keys. A minor conditional use permit shall be required to identify, 24 determine the eligibility of and document the approval of each receiver site. If 25 a receiver site is proposed to receive multiple ROGO exemptions from the 26 Property, only a single minor conditional use application and permit shall be 27 required to identify, determine the eligibility of and document the approval of 28 that single receiver site. 29 2. To allow Island Life to transfer to one or more appropriately zoned locations 30 in the Lower Keys all or portions of the 204 square feet of NROGO 31 exemptions recognized by Monroe County LDRD dated 01/18/08, subject to 32 current regulations pertaining to off -site transfer of non-residential floor area 33 and eligible receiver sites and at a minimum each transfer shall be 34 documented with a minor conditional use permit for each receiver site. 35 3. To allow the project to be completed in phases comprised of transfers of one 36 or more ROGO allocations together with the corresponding required actions 37 as required in this Agreement. Notwithstanding, no more than fifty-four (54) 38 dwelling units shall be deed restricted within the first year. 39 4. To allow Island Life to allocate all of the 108 units to be deed restricted to 40 serve as closely as possible the following household income categories: 25% 41 very low income households, 25% low income households, 25% median 42 income households, and 25% moderate income households, or as otherwise 43 approved by the BOCC (per MCC Sec. 130-161.1(2)(c)(i)(4). However, in no 44 case shall the above targets work to evict existing residents who qualify under 45 any of the above categories. Lots/dwelling units with long-term leases which 46 prevent the conversion of said lot/dwell' unit to adeed-restricted affordable Island Life Final Rev. 11 /14/11 5 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 dwelling unit shall not be eligible to participate in this program, until such time that the lease permits participation in compliance with the Agreement requirements. 5. Eligible Building Permit fees charged at the time of permitting shall be waived for the construction of the affordable housing. 6. To allow Island Life to obtain from Monroe County a waiver of impact fees for the 108 affordable housing units as allowed by Section 130-160.1(5) a in recognition that the 108 residential dwelling unit ROGO exemptions derived from pre-existing units long in place before the Monroe County impact fees ordinance became effective in 1986. G. Development and Affordable Housing Standards. The development standards shall be determined by the application of the standards contained in the Monroe County Land Development Regulations and by the granting of the minor conditional use permits for the transfer of ROGO allocations and exemptions to and from the Property as required by Monroe County Code section 130-161.1. Further, the following specific standards shall apply to the development or deed restriction of the affordable housing units on the Property and to the units enabled by the transfer of the market rate ROGO exemptions. 1. No market rate ROGO exemptions for transfer offsite shall be awarded until an affordable housing ROGO allocation is awarded to the sender site and certificates of occupancy or final inspections are received for the corresponding number of deed restricted affordable units or lots provided - on the Property or on another appropriate site as permitted under MCC Sec. 130-161.1. 2, If Island Life has not transferred the entire market rate ROGO exemptions offsite by the termination or expiration of this Agreement, all such remaining un-transferred market rate ROGO exemptions shall become the property of Monroe County to be utilized for the purpose of administrative relief. 3. Monroe County impact fees for dwelling units built with the ROGO exemptions transferred from the property shall not be waived. 4. Tourist housing use or vacation rental use of the affordable housing units established on the Property shall not be allowed. 5. All of the redeveloped housing units transferred to a receiver site shall: a. Remain in the unincorporated Lower Keys sub -area with the exception of Big Pine and No Name Keys as the original sender site(s). b. Be located in a Tier III designated area. C. Not require clearing of any portion of an upland native habitat patch of one acre or greater in size. d. Not be located in a velocity (V) zone. 6. All units maintained at the sender site under this Development Agreement and the Monroe County Affordable housing incentive program shall comply with the following affordability criteria: a. Lot Rents shall be a sum combination of rent assessed by the Island Life Final Rev. 11 /14/ 11 T 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 7. 8. 0 property owner to the mobile home owner or tenant, the mortgage for the mobile home owner, if applicable; and monthly homeowner fees charged by the property owner or homeowner association, if applicable. b. Rents and/or sales prices for resulting deed restricted dwelling units shall be established in accordance with the affordability criteria defined by MCC Sec. 101-1. C. Lot rents for tenant -owned dwelling units shall be guided by a ratio of mortgage payment to lot rent, with the combined total not exceeding the maximum thresholds as stipulated in the County code. For example: A four -person household in a low income bracket renting a 3 bedroom dwelling unit, under Monroe County code, can be charged no more than $1,413 per month. Assuming this same household owned their mobile home with a mortgage payment of $513, and a monthly homeowner fee of $100, the resulting lot rent could then be no more than $800 per month, and thus the total monthly housing payment would not exceed the allowed $1,413 per month (based on 2010 median income). d. Eligible Income - at the time of sale of an owner -occupied affordable dwelling unit or lot, the total income of the household, eligible to purchase, shall not exceed the same income limits of the category in which the ROGG allocation was originally awarded. At the time of a new rental for an affordable dwelling unit, the total income of households, eligible to rent, shall not exceed the same income limits of the category in which the RG G G allocation was originally awarded. The unit and lot rents, at the time of sale, may be adjusted, up or down, to maintain compliance with the Monroe County Code in the manner described above. e. Monthly median household income means the median annual household income for the county divided by 12. At the time of a new rental for an affordable unit, the total income of households eligible to rent shall not exceed the same income limits of the category in which they were originally awarded. All units designated by this development agreement as deed restricted affordable housing shall comply with hurricane standards established by the Florida Building Code and habitability standards established under the Florida Residential Landlord and Tenant Act. Compliance with this provision shall be accomplished prior to the issuance of a building permit for the transferred market rate RGGG exemption and after the deed restricted affordable housing unit is fully restricted and in compliance with this provision. All affordable units shall comply with the Fire Code m regard to placement. Not more than 50% of the existing affordable housing allocations currently available in the County shall be used for affordable housing allocations at the Property, unless approved by the BGCC. For the County to monitor receipt of the affordable housing RGGG allocations, Island Life Final Rev. 11 / 14/ 11 fJ 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 46 100 Island Life and the County agree that the BOCC may approve the allocation reservation by resolution concurrent with this development agreement. The resolution and any other resolutions concerning ROGO reservations shall be the controlling documents concerning the allocation reservations and supersede any provisions of this Agreement. It is intended that the initial Resolution be consistent with Section 138-24 of the Monroe County Code as follows: a. Reservation criteria of affordable housing allocations. i. The BOCC may reserve 54 affordable ROGO allocations for award to Island Life for the use on the Property within five (5) years of the effective reservation date. U. No additional units shall be reserved until such time that the fifty-four (54) reserved affordable ROGO allocations are utilized as contemplated by this agreement. ui. The BOCC may reserve the remaining 54 affordable ROGO allocations for award to Island Life for the use on the Property upon utilization of the first 54 affordable ROGO allocations. iv. The BOCC may, at its discretion, place conditions on any reservation as it deems appropriate. b. Relinquishment of affordable housing ROGO allocations. i. If Island Life does not comply with reservation criteria within this Agreement, it shall forfeit the affordable housing ROGO allocation awards and the affordable ROGO allocation awards shall be cycled back through the ROGO system for award to an alternate recipient. ii. If the reserved affordable ROGO allocations are relinquished, Island Life may seek a new reservation as provided for in the Monroe County Code. ui. Nothing herein shall prohibit Island Life from applying for an extension to the ROGO allocation Reservation, but the County is not obligated under any circumstances to give such extension. Deed restrictions of Affordable Dwelling Units and Lots. The Property consists of 16 lots of record as depicted in Exhibit A. Deed restrictions shall be filed on a per lot of record basis. For Example, if a single dwelling unit or lot within a lot of record meets the requirements of this agreement and is assigned an affordable ROGO allocation and the corresponding market -rate ROGO exemption is transferred offsite, all remaining dwelling units or lots associated with that particular lot of record shall be rented or sold as affordable units. Notwithstanding, each of the remaining units must meet the requirements of this agreement prior to the assignment of affordable ROGO allocations and subsequent transfer of the corresponding market -rate ROGO exemptions. If a dwelling unit or lot Island Life Final Rev. 11 / 14/ 11 2 3 4 5 5 7 8 9 to 11 12 13 14 15 15 17 18 19 20 21 22 23 24 25 25 27 28 29 30 31 32 33 34 35 35 37 38 39 40 41 42 43 44 45 46 straddles two or more lots of record, the dwelling unit or lot shall become affordable with the lot of record within which it is predominantly located; see Exhibit F as an example. 11. Affordability Compliance. Monroe County and Island Life shall coordinate on qualification of occupants. Island Life shall provide all necessary documents to County. At Monroe County's request Island Life shall provide Monroe County with an annual report demonstrating compliance with the eligibility requirements of Monroe County Code Section 130-161, including the name, address, tag #and income qualifications. All tenants shall be provided a copy of the deed restriction applicable to their lot of record. Subletting of units by mobile home owners shall be permitted only according to the terms of the affordable housing deed restriction. Island Life shall notify Monroe County of transfers of mobile homes from one owner to another and assist with new qualification of tenants. H. Finding of Consistency. By entering into this Agreement, Monroe County finds that the development permitted or proposed herein is consistent with and furthers Monroe County's Comprehensive Plan and Land Development Regulations. I. Affordable Housing Deed Restriction and Length. This Agreement is and hereby constitutes a deed restriction on the Property for a period of not less than ninety-nine (99) years for affordable housing units for the income limits as prescribed above. At the County's request, Island Life shall file an additional deed restriction in the format in Exhibit E and as approved by the Planning Director and County Attorney, filed prior to the date of transfer of the market rate allocation. J. Breach, Amendment, Enforcement, and Termination. 1. Material Breach. A material breach by Island Life or Monroe County occurs upon Island Life's or Monroe County's failure to comply with the terms of this Agreement after Notice as provided in following Subsection III.J.2. 2. Notice. Upon either Party's material breach of the terms and conditions of this Agreement, the other party shall serve written notice on and shall provide the opportunity, within ninety (90) days, to propose a method of fulfilling the Agreement's terms and conditions or curing the breach. Both Parties shall be provided an additional 90 days to cure the material breach or to negotiate an amendment to this Agreement within a reasonable time, as mutually agreed to by the Parties. 3. Amendment or Termination. The Parties hereto shall at all times adhere to the terms and conditions of this Agreement. Amendment, termination, extension, or revocation of this Agreement shall be made in accordance with the notification and procedural requirements set forth herein. a. Amendments to this Agreement shall subject Island Life to the laws and policies in effect at the time of the amendment only if the conditions of Section 163.3233(2), Florida Statutes, are met. Island Life Final Rev. 11 /14/ 11 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 b. No modifications, extensions, amendments, or alterations of the terms or conditions contained herein shall be effective unless contained in a written document approved and executed by Monroe County and Island Life. c. Amendment, extension or termination shall require at least two (2) public hearings. The hearings shall be held pursuant to an application filed with Monroe County by the Party seeking to amend or terminate this Agreement, along with the requisite filing fee. Notice of public hearing shall be in accordance with Monroe County Ordinances and Florida Statutes. 4. Enforcement. a. Amer notice and an opportunity to respond and/or cure the material breach as provided for below. In addition, Monroe County may utilize appropriate code enforcement remedies to cure any breach after notice and an opportunity to cure as provided herein. b. Monroe County, Island Life, their successors or assigns, or any aggrieved or any adversely affected person as defined in Section 163.3215(2), Florida Statutes, may file an action for injunctive relief in the Circuit Court of Monroe County to enforce the terms of this Agreement or to challenge compliance with the provisions of Sections 163.3243, Florida Statutes. c. Nothing contained herein shall limit any other powers, rights, or remedies that either party has, or may have in the future, to enforce the terms of this Agreement. K. State and Federal Law. If State or Federal laws enacted after the effective date of this Agreement preclude either Party's compliance with the terms of this Agreement, this Agreement shall be modified as is necessary to comply with the relevant State or Federal laws. L. Compliance with other Laws. The failure of this Agreement to address a particular permit, condition, term, or restriction shall not relieve Island Life of the necessity of complying with the laws governing said permitting requirements, conditions, terms or restrictions. M. Reservation of Rights. This Agreement shall not affect any rights, which may have accrued to any party to this Agreement under applicable law. Both Monroe County and Island Life reserve any and all such rights. All approvals referenced in this Agreement are subordinate to compliance with all applicable laws, codes, and land development regulations and permits, except to the extent otherwise provided for in this Agreement. N. No Permit. This Agreement is not and shall not be construed as a Development Permit, Development Approval or authorization to commence development, nor shall it relieve Island Life of the obligations to obtain necessary Development Island Life Final Rev. 11 / 14/ 11 to 1 2 3 4 5 6 7 8 9 to 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 Approvals that are required under applicable law and under and pursuant to the terms of this Agreement and Monroe County Code. o. Good Faith; Further Assurances; No Cost. The Parties to this Agreement have negotiated in good faith. It is the intent and agreement of the Parties that they shall cooperate with each other in good faith to effectuate the purposes and intent of, and to satisfy their obligations under, this Agreement in order to secure to themselves the mutual benefits created under this Agreement. The Parties agree to execute such further documents as may be reasonably necessary to effectuate the provisions of this Agreement; provided that the foregoing shall in no way be deemed to inhibit, restrict or require the exercise of Monroe County's police power or actions of Monroe County when acting in a quasi-judicial capacity. Wherever in this Agreement a provision requires cooperation, good faith or similar effort to be undertaken at no cost to a party, the party co-operating, reviewing or undertaking the effort shall, nonetheless, bear its cost of attendance at meetings, hearings or proceedings and comment and/or execution of documents, inclusive of the expense of its counsel. P. Successors and Assigns. This Agreement shall constitute a covenant _running with the land, which shall be binding upon the Parties hereto, their successors in interest, heirs, assigns, and personal representatives. �. Joint Preparation. This Agreement has been drafted with the participation of Monroe County and Island Life and their counsel, and shall not be construed against any party on account of draftsmanship. The captions of each article, section and subsection contained in this Agreement are for ease of reference only and shall not affect the interpretational meaning of this Agreement. whenever the term "included" is used in this Agreement, it shall mean that the included items, or terms are included without limitation as to any other items or terms, which may fall within the listed category. R. Notices. All notices, demands, requests, or replies provided for or permitted by this Agreement shall be in writing and may be delivered by any one of the following methods: (a) by personal delivery; (b) by deposit with the United States Postal Service as Certified or Registered mail, return receipt requested, postage prepaid, to the addresses stated below; or (c) by deposit with an overnight express delivery service with proof of receipt. Notice shall be deemed effective upon receipt. For purposes of notice, demand, request, or replies: The address of Monroe County shall be: County Administrator 1100 Simonton Street Room 2-205 Key West, Florida 33040 Island Life Final Rev. 11 / 14/ 11 11 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 with a copy to Assistant County Attorney PO BOX 1026 Key West, FL 33041 and 1111 12th Street Suite 408 Key West, Florida 33040 The address of ROY'S Trailer Park, Inc. d/b/a Island Life Village Trailer Park, Inc. shall be: Michael Browning 402 Appelrouth Lane Key West, Florida 33040 It is the responsibility of the Parties to notify all Parties of change in name or address for proper notice. S. Force Maj eure. Any prevention, delay or stoppage due to strikes, lockouts, labor disputes, acts of God, inability to obtain labor or materials or reasonable substitutes therefore, riot, civil commotion, fire or other casualty and other causes beyond the reasonable control of the party obligated to perform, excluding the financial inability of such party to perform and excluding delays resulting from appeals or rehearing, shall excuse the performance by such party for a period equal to any such period of prevention, delay or stoppage. In order to avail itself of this force maj eure provision, the party invoking the same shall provide the other party with a written notice that shall consist of a recitation of all events that constitute force maj eure events under this Section, together with the beginning and ending dates of such events. T. Construction. 1. This Agreement shall be construed in accordance and with the laws of the State of Florida. The Parties to this Agreement have participated fully in the negotiation and preparation hereof; and, accordingly, this Agreement shall not be more strictly construed against any one of the Parties hereto. 2. In construing this Agreement, the use of any gender shall include every other and all genders, and captions and section and paragraph headings shall be disregarded. 3. All of the exhibits attached to this Agreement are incorporated in, and made a part of, this Agreement. U. omissions. The Parties hereto recognize and agree that the failure of this Agreement to address a particular permit, condition, terms, or restriction shall not relieve either Party of the necessity of complying with the law governing said Island Life Final Rev. 11 / 14/ 11 12 1 permitting requirements, conditions, term, or restriction notwithstanding any such 2 omission. 3 V. Jurisdiction and Governing Law. The Parties hereto agree that any and all suits 4 or actions at law shall be brought in Monroe County, Florida, and no other 5 jurisdiction. This Agreement shall be construed and interpreted under the laws of 6 the State of Florida. This Agreement is not subject to arbitration. 7 W. Litigation. The County and Island Life agree that in the event any cause of action 8 or administrative proceeding is initiated or defended by any party relative to the 9 enforcement or interpretation of this Agreement, the prevailing party shall be 10 entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket 11 expenses, as an award against the non -prevailing party, and shall include 12 attorneys fees, court costs, investigative, and out-of-pocket expenses in appellate 13 proceedings. Mediation proceedings initiated and conducted pursuant to this 14 Agreement shall be in accordance with the Florida Rules of Civil Procedure and 15 usual and customary procedures required by the circuit court of Monroe County. 16 This Agreement is not subject to arbitration. 17 18 x. Time of Essence. Time shall be of the essence for each and every provision 19 hereof. 20 21 Y. Entire Agreement. This Agreement, together with the documents referenced 22 herein, constitute the entire agreement and understanding among the Parties with 23 respect to the subj ect matter hereof, and there are no other agreements, 24 representations or warranties other than as set forth herein. This Agreement may 25 not be changed, altered or modified except by an instrument in writing signed by 26 the Party against whom enforcement of such change would be sought and subject 27 to the requirements for the amendment of development agreements in the Act. 28 29 Z. Counterparts. This Agreement may be executed in one or more counterparts, and 30 by the different Parties hereto in separate counterparts, each of which when 31 executed shall be deemed to be an original but all of which taken together shall 32 constitute one and the same agreement. 33 34 AA. Recording. Monroe County shall record this Agreement with the Clerk of the 35 Circuit Court of Monroe County within fourteen (14) days following signature by 36 all Parties. Island Life agrees that it shall be responsible for all recording fees and 37 other related fees and costs related to the recording and delivery of this 38 Agreement as described in this section. The provisions hereof shall remain in full 39 force and effect during the tern hereof and shall be binding upon all successors in 40 interest to the Parties to this Agreement. Whenever an extension of any deadline 41 is permitted or provided for under the terms of this Agreement, at the request of 42 either Party, the other Parties shall join in a short -farm recordable memorandum 43 confirming such extension that shall be recorded in the Public Records of Monroe 44 County. Island Life Final Rev. 11 / 14/ 11 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 BB. Conflicting Resolutions. All resolutions or parts thereof in conflict with the provisions of this Agreement and its resolution are hereby repealed to the extent of such conflict. CC. S everability. If any part of this Agreement is contrary to, prohibited by, or deemed invalid under any applicable law or regulation, such provisions shall be inapplicable and deemed omitted to the extent so contrary, prohibited, or invalid; however, the remainder here shall not be invalidated thereby and shall be given full force and effect. DD. Effective Date. The "Effective Date" of this Agreement is 30 days after the duly signed and recorded Agreement is received by the Florida Department of Community Affairs pursuant to Chapter 3 80, Florida Statutes. BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Island Life Final Rev. 11 /14/11 14 1 2 3 4 5 6 7 8 9 to 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 IN WITNESS WHEREOF, the Parties hereto have set their hands and seals on the day and year below written. Signed, sealed, and delivered ROY' S Trailer Park, Inc, dl bl a Island Life Village Trailer Park, Inc. in the presence of Print Name Print Name Title: Dated: The foregoing instrument was acknowledged before me on this day of , 2012, by the of ROY' S Trailer Park, Inc. dlbla Island Life Village Trailer Park, Inc. He is personally known to me or produced as identification and did not take an oath. ATTEST: DANNY KOLHAGE, CLERK Deputy Clerk Island Life Final Rev. 11 / 14/ 11 Notary Public Printed name My commission expires MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Mayor David Rice MONRO C UNTI ATTORNEY APPRA5 W FOM LZ le Date: -3 1 Exhibit A - Survey and Legal Description Island Life Final Rev. I I /14/11 to C 0 k,4 • 4) m a•► m to '0 ' . v � � 4 � .� � •-� m m -04 .0 " V .a+ V SW 0 0 0 0 C 41 r-4 to > r..i.i v -4 C b L1 w iJ + .SJ r1 4 > � %4f-I &4 w�0 4�wOf0 � > uu''�a N� -r4 Q o0.4M ,�����oa�,�; N4 'U a 14 W C C � � 0 >f 0) � to *+ i, > 41 E H k 7 W s� O ''� 0 � � . • -1 romQ���w.4aaa��y,.Q�CN3cMD a v n 0 to� 0 C ro e,' ��,�� � 0-i0�v H a 10 �,10 40wn�aa�� t7iwW�r, 44 to aUl 4"� 002 •D � "" � •� � , "� ,Q 4) r, V A$ iv 4 ama >1a o 4 .� u 1 �f .�. 4 �i C S, i.: u .� 0 k k ilc +�wm,4 �Du a Oro u '�,{ i•f •� go 0 - q '� P6 tl} 41 a of w ti tP H r v o ao � ��,• yam .fog a. �. .. cur*' Hwy `' .Is oc w���, � '''',���" - C-A t]. 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