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Resolution 403-20131 2 . 3 4 - 5 6 7 MONROE COUNTY, FLORIDA 8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 9 RESOLUTION NO. 403 - 2013 10 11 A RESOLUTION BY THE MONROE COUNTY BOARD OF 12 COUNTY COMMISSIONERS RESERVING FORTY -SIX (46) 13 AFFORDABLE HOUSING DWELLING UNIT 14 ALLOCATIONS FOR OCEANSIDE INVESTORS, LLC; 15 PROVIDING FOR USE ON MOBILE HOME PARKS 16 LOCATED ON PROPERTIES AT 24930 OVERSEAS 17 HIGHWAY, SUMMERLAND KEY, FLORIDA, 21585 OLD 18 STATE ROAD 4A, CUDJOE KEY, FLORIDA AND 5176 19 SUNCREST ROAD, STOCK ISLAND, FLORIDA;SETTING 20 TERMS AND CONDITIONS. 21 22 23 WHEREAS, Oceanside Investors, LLC ( "Oceanside Investors "), Summerland Palms 24 Investors, LLC ( "Summerland Palms Investors "), Coco Palms Developers, LLC ( "Coco 25 Palms "), Suncrest Landings, LLC ( "Suncrest Landings ") and Singh Investors, LLC 26 ( " Singh Investors ")(Collectively, "Applicants ") are entering into a Development 27 Agreement (Agreement) with Monroe County (County) concurrently with this Resolution 28 to establish 46 units of Deed - Restricted Affordable Housing at existing mobile home 29 parks; and 30 31 WHEREAS, the Agreement allows the property owner, Oceanside Investors, to request 32 46 affordable Rate of Growth Ordinance (ROGO) allocations within five (5) years of the 33 Agreement's effective date; and 34 35 WHEREAS, Oceanside Investors and the County are utilizing the provisions of Monroe 36 County Code Sec. 130 - 161.1, which allows the transfer of market rate units from mobile 37 home parks after establishment of deed - restricted affordable housing units on the mobile 38 home park property using affordable housing ROGO allocations from the County; and 39 40 WHEREAS, the first mobile home park site, located at 24930 Overseas Highway, 41 Summerland Key ( "Summerland Palms Property "), at Mile Marker 25, is legally 42 described as Lot 55 and a portion of Lot 54, Summerland Yacht Harbor (Plat Book 2, 43 Page 142), having real estate #00194741.000100, #00194741.000200, 44 #00194741.000300, #00194741.000400, #00194741.000500, #00194741.000600, 45 #00194741.000700, #00194741.000800, #00194741.000900, #00194741.001000, 46 #00194741.001100, #00194741.001200, #00194741.001300, #00194741.001400, 1 2 #00194741.001500, #00194741.001600, #00194741.001700, #00194741.001800, 3 #00194741.001900, #00194741.002000, #00194741.002100 and #00194741.002200; and 4 5 WHEREAS, the second mobile home park site, located at 21585 Old State Road 4A, 6 Cudjoe Key ( "Cudjoe Coco Palms Property "), at Mile Marker 21, is legally described as 7 Lot 30, Sacarma (Plat Book 2, Page 48), having real estate #00174960.000000; and 8 9 WHEREAS, the third mobile home park site, located at 5176 Suncrest Road, Stock 10 Island ( "Stock Island Suncrest Property"), at Mile Marker 5, is legally described as Lots 11 27 and 28, Sun Krest (Plat Book 1, Page 107), having real estate #00132680.000000; and 12 13 WHEREAS, the Planning Commission requested a revision to the development 14 agreement to modify affordable housing income types of the 46 affordable housing units 15 from 100 percent moderate - income to an approximate combination of 50 percent 16 moderate - income, 25 percent median- income and 25 percent low- income; and 17 18 WHEREAS, Monroe County Code Sec. 138 -24(b) states: "Notwithstanding the 19 provisions of Monroe County Code Sec. 138 -26 for awarding of affordable ROGO 20 allocations, the Board of County Commissioners may reserve by resolution some or all of 21 the available affordable ROGO allocations for award to certain sponsoring agencies or 22 specific housing programs consistent with all other requirements of Monroe County Code 23 Chapter 138. Building permits for these reserved allocations shall be picked up within 24 six months of the effective reservation date, unless otherwise authorized by the Board of 25 County Commissioners in its resolution. The Board of County Commissioners may, at its 26 discretion, place conditions on any reservation as it deems appropriate. These 27 reservations may be authorized by the Board of County Commissioners for: 28 29 (1) The county housing authority, nonprofit community development 30 organizations, pursuant to Monroe County Code Sec. 130- 161(e), and other 31 public entities established to provide affordable housing by entering into a 32 memorandum of understanding with one or more of these agencies; 33 (2) Specific affordable or employee housing projects participating in a 34 federal /state housing financial assistance or tax credit program or receiving 35 some form of direct financial assistance from the county upon written request 36 from the project sponsor and approved by resolution of the Board of County 37 Commissioners; 38 (3) Specific affordable or employee housing projects sponsored by 39 nongovernmental not - for -profit organizations above upon written request 40 from the project sponsor and approved by resolution of the Board of County 41 Commissioners; 42 (4) Specific affordable or employee housing programs sponsored by the County 43 pursuant to procedures and guidelines as may be established from time to time 44 by the board of county commissioners; 45 (5) Specific affordable or employee housing projects by any entity, organization, 46 or person, contingent upon transfer of ownership of the underlying land for 2 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 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"; 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 Project does not exempt the Project from applicable requirements in the Monroe County Code, Florida Building Code and other regulatory requirements; and WHEREAS, the reservation of these affordable housing allocations 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 forty-six (46) affordable housing ROGO allocations 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 -three (23) 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 Cudjoe Coco Palms Property shall be allocated one (1) low income, two (2) median income and fourteen (14) moderate income ROGO allocations. t, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 kI z • r • MY HEAVILIN, CLERK 23 24 25 26 27 MONROE COUNTY ATTORNEY J APPROV D AS TO FORM: 2 SU M. GRIMSLE AS COUNTY ATTOR PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on thel Ith day of December, 2013. Mayor Sylvia Murphy Yes Mayor Pro Tem Danny Kolhage Yes Commissioner Heather Carruthers Yes Commissioner David Rice Yes Commissioner George Neugent Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA 4 N_ -q O w i v r M J rT- C '- 3 -� d PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on thel Ith day of December, 2013. Mayor Sylvia Murphy Yes Mayor Pro Tem Danny Kolhage Yes Commissioner Heather Carruthers Yes Commissioner David Rice Yes Commissioner George Neugent Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA 4