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Resolution 208A-2013RESOLUTION NO. 208A -2013 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS RESERVING 19 AFFORDABLE HOUSING DWELLING UNIT ALLOCATIONS TO BE USED OFFSITE FOR LINKAGE TO THE LITTLE PALM COTTAGES LLC PROJECT LOCATED AT 133 BARRY AVENUE, HAVING REAL ESTATE NO. 00214970.000000. WHEREAS, Little Palm Cottages LLC is redeveloping property located at 133 Barry Avenue, Barry Beach Subdivision, Little Torch Key, Real Estate number 00214970.000000 formerly known as Lucky's Landing Trailer Park (Project); and WHEREAS, Monroe County recognizes that there are 48 ROGO Exemptions for the property previously known as Lucky's Landing Trailer Park; and WHEREAS, Monroe County Code Section 130- 161(b) requires thirty percent (30 %) of the redeveloped residential units to be affordable housing units restricted by an appropriate deed restriction; and WHEREAS, the project will require 30% of the total units constructed to be deed restricted as affordable housing; and WHEREAS, if the Little Palm Cottages Project is redeveloped without a linkage component to other sites, 14 affordable units would be required without the necessity for a reservation [ 14 residential dwelling units are required to be deed - restricted as affordable housing (30% of 48 = 14.4)]; and WHEREAS, if the Little Palm Cottages Project is redeveloped with 48 ROGO exempted market rate units onsite with an off -site linkage component, then 19 additional affordable units would be required [48 onsite units + 14 off -site units = 62 total units, 30% of 62 = 18.6)]; and WHEREAS, Monroe County and Little Palm Cottages, LLC are entering into an Agreement of this same date (Agreement between Monroe County, Florida and Little Palm Cottages, LLC to Reserve Affordable Housing ROGO Allocations, Formalize an Alternative Compliance to the Inclusionary Housing Requirements /Linkage of Project Plan) to reserve affordable housing ROGO allocations, and formalize an alternative compliance to the inclusionary housing requirements /linkage of the project with construction of affordable housing units off -site; and WHEREAS, the Project will include the development of 14 affordable housing units at 133 Barry Ave, Barry Beach Subdivision, Little Torch Key, Real Estate Number 00214970.000000; and Little Palm Cottages LLC AFH Reservation I of 3 WHEREAS, the applicant is requesting to reserve 19 affordable housing allocations through December 31, 2021, to construct 19 affordable housing units off site, to satisfy the inclusionary housing requirement; and WHEREAS, Monroe County Code Section 138 -24(b) `Reservation of affordable housing allocations,' states: Notwithstanding the provisions of section 138 -26 for awarding of affordable housing allocations, the board of county commissioners 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 board of county commissioners in its resolution. The board of county commissioners may, at its discretion, place conditions on any reservation as it deems appropriate. These reservations may be authorized by the board of county commissioners for. (1) The county housing authority, nonprofit community development organizations, pursuant to section 130- 161(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 board of county commissioners; (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 board of county commissioners; (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 board of county commissioners; (S) 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 board of county commissioners, upon written request from the project sponsor and approved by resolution of the board of county commissioners; or (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. WHEREAS, Monroe County Code Section 138 -24(c) Affordable housing allocation awards and eligibility, states: (4) No affordable housing allocation shall be awarded to applicants located within a tier I designated area, within a V -zone on the county's flood insurance rating map, within a tier II designated area on Big Pine Key and No Name Key, or within a tier III -A (special Little Palm Cottages LLC AFH Reservation 2 of 3 protection area) if clearing is proposed for any portion of an upland native habitat patch of a one acre or greater in area. (S) Only affordable housing allocations for Big Pine Key may be used on Big Pine Key. No affordable housing allocation may be used on No Name Key. WHEREAS, the immediate construction of the 14 affordable housing units on the Project property and potential construction of 19 affordable housing units off -site to replace the 14 on -site is in the public interest; and WHEREAS, the reservation of affordable housing allocations for the anticipated project does not exempt the project from applicable requirements of the Monroe County Land Development Regulations, Building Code and other regulatory requirements; and WHEREAS, the affordable housing units will need to be completed according to the terms of the Agreement; and WHEREAS, Little Palm Cottages, LLC shall obtain all required approvals from the Monroe County Planning & Environmental Resources Department for the project and for the proposed off -site affordable housing units for "linkage" to the project. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Nineteen (19) affordable housing allocations are reserved for Little Palm Cottages LLC until December 31, 2021. Section 2. The building permits for the affordable housing units are to be issued by December 31, 2021. Section 3. The certificates of occupancy for the 19 units which are to be built off -site shall be issued according to the terms of the Agreement (Exhibit A). PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 17 day of July, 2013. o so Mayor Pro Tern Carruthers er Commissioner Rice Yes o Yes -- Yes w ` cz d CD Y,v ox BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY 'e' Y Mayor George Neugent ATT y v DEP CLERK Little Palm Cottages LLC AFH Reservation 3 of 3 Mayor Neugent Yes Mayor Pro Tern Carruthers Yes Commissioner Rice Yes Commissioner Kolhage Yes Commissioner Murphy Yes Y AT T O FI i E'i °moi € ov , ,S TO FORM: N1. GRIMSL ^^i Y ATTORNEY ��i3