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Item I8BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: January 19, 2012 Division: Growth Mana ement Bulk Item: Yes X No, Department: Planning & Environmental Resources Staff Contact Person/Phone #: Christine Hurley — 289-2517 Joseph Haberman - 289-2532 AGENDA ITEM WORDING: Approval of a Resolution reserving 54 affordable ROGO allocations for Roy's Trailer Park, Inc. (doing business as Island Life Village Trailer Park, Inc.) for property located at 6500 Maloney Avenue, Stock Island, RE# 00126090.000000. (This is a companion item to a Development Agreement which is the subject of a public hearing (refer to Item Q-2) at this meeting.) ITEM BACKGROUND: Roy's Trailer Park, Inc. is proposing a 10-year development agreement pursuant to MCC §130-161.1 which would enable the property owner to transfer 108 market -rate Rate of Growth Ordinance (ROGO) exemptions associated with existing mobile homes to other receiver site or sites in exchange for maintaining an equal or greater number of deed -restricted affordable dwelling units on the subject property (a/lc/a sender site). As currently structured, the development agreement allows the property owner to request 54 affordable ROGO allocations within the first 5 years of the development agreement and another 54 affordable ROGO allocations upon utilization of the first 54 affordable ROGO allocations. If the development agreement is approved, this resolution is necessary to reserve the 54 affordable ROGO allocations pursuant to the agreement. 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, the development agreement was reviewed by the Development Review Committee. On December 1, 2011 (continued from September 28, 2011 and November 9, 2011), the Planning Commission held a public hearing and recommended approval of the development agreement. PREVIOUS RELEVANT BOCC ACTION: n/a CONTRACT/AGREEMENT CHANGES: n/a 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, FLORIDA MONROE COUNTY BOARD OF COUNTY C OMMIS SIONERS RESOLUTION NO. - 2012 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS RESERVING FIFTY-FOUR (54) AFFORDABLE HOUSING DWELLING UNIT ALLOCATIONS FOR ROY'S TRAILER PARK, INC. (DOING BUSINESS AS ISLAND LIFE VILLAGE TRAILER PARK, INC.) FOR USE ON PROPERTY LOCATED AT 6500 MALONEY AVENUE, STOCK ISLAND, REAL ESTATE NO. 00126090.000000; SETTING TERMS AND CONDITIONS. WHEREAS, Roy's Trailer Park, Inc. is entering into a Development Agreement (Agreement) with Monroe County (County) concurrently with this Resolution to establish 108 units of Deed -Restricted Affordable Housing at an existing mobile home park (Project); and WHEREAS, the Agreement allows the property owner to request 54 affordable Rate of Growth Ordinance (ROGO) allocations within five (5) years of the Agreement's effective date and another 54 affordable ROGO allocations upon utilization of the first 54 affordable ROGO allocations; and WHEREAS, Roy's Trailer Park, Inc. and the County are utilizing the provisions of Monroe County Code Sec. 13 0-1 d 1.1, 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 subject property is located at 6500 Maloney Avenue on Stock Island, approximate mile marker 5, and is legally described as Lots 4-11 and 40-47, Square 46, Maloney Sub (PB1-55), Stock Island, Monroe County, Florida, having real estate #00126090.000000; and WHEREAS, Section G. 9. of the Agreement provides that the affordable ROGO allocations for the Project will be reserved by resolution of the Board of County Commissioners as provided in Monroe County Code Sec. 13 8-24 and also provides for the initial terms and conditions of the reservation resolution; and Page 3 of WHEREAS, Pursuant to Monroe County Code Sec. 138-24(b): Notwithstanding the provisions of Monroe County Code Sec. 138-26 for awarding of affordable ROGO allocations, the Board of County Commissioners may reserve by resolution some or all of the available affordable ROGO allocations for award to certain sponsoring agencies or specific housing programs consistent with all other requirements of Monroe County Code Chapter 138. 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 maybe authorized by the Board of County Commissioners for: (1) The county housing authority, nonprofit community development organizations, pursuant to Monroe County Code Sec. 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 Conunissioners; (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 maybe established from time to time by the board of county commissioners; (5) 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, snot -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, 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; and Page 3 of 3 NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: Section 1. Fifty-four (54) affordable housing ROGO allocations are reserved for the use of Roy's Trailer Park, Inc. for a period of five years from the effective date of the companion Development Agreement for award pursuant to the Development Agreement approved on January 19, 2012 between Roy's Trailer Park, Inc. and Monroe County. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the l9th day of January, 2012. Mayor David Rice Mayor Pro Tem Kim Wigington Commissioner Heather Carruthers Commissioner Sylvia Murphy Commissioner George Neugent MONROE COUNTY BOARD of COUNTY COMMISSIONERS Attest: DANNY L. KGLHAGE, CLERK M Deputy Clerk US Mayor David Rice MOAPPOE COUNTY VED AS TOTFORMEY Page 3 of 3