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Item H7BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 10, 2015 Division: Growth Management Bulk Item: Yes X No_ Department: Planning & Environmental Resources Staff Contact Person/Phone #: Christine Hurley — 289-2517 AGENDA ITEM WORDING: Approval of a Resolution amending Resolution 403-2013 reserving I additional affordable ROGO allocation (1 moderate affordable unit) for Stock Island Holdings, LLC, for property at 5350 3`d Avenue, Stock Island, Florida; for a total of 47 allocations in accordance 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. This is a companion item to Development Agreement Second Amendment which is the subject of a public hearing at this meeting. ITEM BACKGROUND: On December 11, 2013, the Board of County Commissioners (BOCC) approved Development Agreement Summerland Palms Investors, LLC, Coco Palms Developers, LLC, Suncrest Landing, LLC, Singh Investors, LLC, and Oceanside Investors, LLC pursuant to MCC § 130-161.1 which would enable the property owner to transfer 46 market -rate Rate of Growth Ordinance (ROGO) exemptions associated with existing mobile homes to the receiver site in exchange for maintaining an equal number of deed -restricted affordable housing units. Also, on this date the BOCC approved Resolution 403-2013 reserving 46 allocations for a period of five years from the effective date of the Development Agreement approved by the BOCC December 11, 2013. The reserved allocations, as approved by the BOCC, are apportioned approximately as 25% low income, 25% median income, and 50% moderate income as follows: Low Median Moderate Stock Island Suncrest Property 3 - 4 Summerland Palms Property 7 10 5 CudJoe Coco Palms Property 1 2 14 TOTAL 11 12 23 % of total 24°Io 26% 50% Request. 1 additional moderate affordable ROGO allocation for Stock Island Holdings Stock Island Holdings Property - - I 1 % of total 23 % 25% 1 51 % Summerland Palms Investors, LLC, Coco Palms Developers, LLC, Suncrest Landing, LLC, Singh Investors, LLC, Stock Island Holdings, LLC and Oceanside Investors, LLC are proposing a development agreement amendment pursuant to MCC §130-161.1 which would enable the property owner to increase the transfer of 46 market -rate exemptions to 47 market -rate Rate of Growth Ordinance (ROGO) exemptions associated with existing mobile homes to the receiver site in exchange for maintaining an equal number of deed -restricted affordable housing units. On February 24, 2015, the development agreement was reviewed by the Development Review Committee. Staff and the DRC recommended approval. On April 28, 2015, the Planning Commission held a public hearing and recommended approval to the second amendment to the development agreement but did not provide a specific recommendation on the affordable income category (median vs. moderate) for the one (1) additional affordable deed -restricted unit. Therefore, a reservation for one unit for Stock Island Holdings, LLC, for property at 5350 3" Avenue, Stock Island, Florida is needed to match the proposed development agreement amendment companion item. PREVIOUS RELEVANT BOCC ACTION: December 11, 2013, BOCC approved Development Agreement. December 11, 2013, BOCC Resolution 403-2013 for the reservation of 46 Affordable Housing Allocations for Summerland Palms Investors, LLC, Coco Palms Developers, LLC, Suncrest Landing, LLC, Singh Investors, LLC, for properties at 24930 Overseas Highway, Summerland Key, Florida; 21585 Old State Road 4A, Cudjoe Key, Florida, and 5176 Suncrest Road, Stock Island, Florida. December 10, 2014, BOCC approved First Amendment to Development Agreement. CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATIONS: Approval TOTAL COST: INDIRECT COST: BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: REVENUE PRODUCING: Yes No APROVED BY: County Atty Z V` DOCUMENTATION: Included X SOURCE OF FUNDS: AMOUNT PER MONTH Year OMB/Purchasing Risk Management Not Required_ DISPOSITION: AGENDA ITEM # 1 3 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 F MONROE COUNTY, FLORIDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS RESOLUTION NO. - 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 I 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 i 1 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")(Collective ly, "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 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 WHEREAS, the new mobile home park site included in the proposed Second Amendment Development Agreement is located at 5350 P Avenue, Stock Island ("Stock Island Holdings"), at Mile Marker 5, is legally described as Lots 19, 20, 21, 22, and 23 Block 53, Maloney Subdivision (Plat Book 1, Page 55), having real estate # 00126770- 000000; and WHEREAS, the proposed Second Amendment is proposing the one additional unit to come from the moderate income Affordable Housing category; and WHEREAS, the Planning Commission requested a revision to the development agreement to modify affordable housing income type; and WHEREAS, Monroe County Code Sec. 138-24(b) states: "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 may be 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 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; (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, 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 3 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 SummerIand 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. d. The Stock Island Holdings Property shall be allocated one (1) moderate income affordable ROGO allocation.. 4 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 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 Mayor Pro Tem Heather Carruthers Commissioner George Neugent Commissioner David Rice Commissioner Sylvia Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA :J {SEAL) ATTEST: AMY HEAVILIN, CLERK DEPUTY CLERK Mayor Danny Kolhage 5 MONROE COUNTY ATTORNEY APPROVED AS.1 ,0 FORK STEVEN T. WILLIAMS ASSISTANT COUNTY ATTORNEY Date T,'I JI Barton W. Smith, Esq. Tel: 305-296-7227 Fax:305-296-8448 bartjcd1smithoropeza.com April 14, 2015 Ms. Christine Hurley Monroe County Growth Management Department 2798 Overseas Highway, Suite 400 Marathon, Florida 33050 Re: Affordable Housing Allocation Reservation for 5350 3rd Ave, Stock Island, Florida 33040 Dear Ms. Hurley, Please consider this letter a request for a moderate income affordable ROGO allocation for the sender site located at 5350 3rd Ave, Stock Island, Florida 33040 as assessed by the Monroe County Property Appraiser with real estate number 00126770-000000, in accordance with that certain Second Amendment to Development Agreement between Monroe County, Florida and Summerland Palms Investors, LLC, a Florida limited liability company, Coco Palms Developers, LLC, a Florida limited liability company, Suncrest Investors, LLC, a Florida limited liability company, Stock Island Holdings LLC, a Florida limited liability company and Oceanside Investors, LLC, a Florida limited liability company. We are requesting one additional moderate income affordable ROGO allocation to be added to ROGO reservation Reso. 403-2013. If you, or staff, should have any questions please do not hesitate to contact me. Sincerely, B on W. Smith, Esq. cc: Mayte Santatmaria (via email) Tiffany Stankiewicz (via email) 16aooi - vt 138-14.2 Simonton Street • Key West, Florida 33040 • Phone: (305) 296-7227 • Fax: (305) 296-8448 Z� xx 3 nur 4 4 5 INIONROE COUNTY, FLORIDA 8 MONROE COUNTY BOARD OF COUNTY COIN-IMISSIONERS 9 RESOLUTION NO. 403 - 2013 10 11 A RESOLUTION BY THE NIONROE 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 'PERMS AND CONDITIONS. 21 2� 4 fw 23 WHEREAS, Oceanside Investors, LLC ("Oceanside Investors"), Surnmerland Palms 24 Investors, LLC ("Summerland .Palms Investors"), Coco Palms Developers, LLC ("Coco 25 Palms"), Suncrest Landings, LLC ("Suncrest Landings") and Sine 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 live (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 inobile 37 borne parrs after establishment of deed -restricted affordable housing units on the mobile 38 home park property using affordable pausing ROGO allocations from the County; and 39 40 WHEREAS, the first mobile home park site, located at 24930 Overseas Highway, 41 Suminerland Key ("Surrunerland 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 400194741.000100, 400194741.000200. 44 #001.94741.000300, #00194741.000400, -400194741-000500, #00194741.000600 45 90,0194741-000700, 900194741..000800, 90019474 L00()900, #00194741 m 100o" 46 #400194741.001100, #00194741,001200, 400194741..001300, 400194741.001400, 2 #00194741.001.500, ##00194741.001600. ##00194741.00.1.700, 100194741,001800, 3 900194741,001900, ##00194741.002000, #00194741,002100 and #00194741..002200: and 4 5 WHEREAS, the second immobile home park site, located at 21585 Old State Road 4A, 6 Cudjoe Key ("Cudjoe Coco Palmns 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, time third mobile home parts site, located at 5176 Suncrest Road, Stock 10 Island ("Stock Island Sunerest Property'), at Mile Marker 5, is legally described as Lets 1.1 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 rrmodity affordable housing income types of time 46 affordable housing units 15 from 100 percent moderate -income to an. approximate combination of 50 percent 16 mnoderate-inc orne, 2.5 percent mmaedi arm-incomne and 25 percent low-income; and 17 19 WHEREAS, Monroe County Cade Sec. 138-24(b) states: "Notwithstanding the 19 provisions of Monroe County Cade Sec. 138-26 for awarding of affordable ROGO 20 allocations, time Board of County Commissioners may reserve by resolution same or all of 21 the available affordable RCGO allocations for award to certain sponsoring agencies or 22 specific housing programns consistent with all anther requirements of Monroe County Code 2j 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 can array reservation as it deems appropriate. These 27 reservations may be authorized by the Board of County Commissioners for: 28 29 (1) The county Dousing authority, nonprofit community development 30 organizations, pursuant to Monroe County Cade Sea. 130-161(e), and rather 3I 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 onployee 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 time Board of County 37 Commissioners; 38 (3) Specific affordable or employee Dousing projects sponsored by 39 nongovernmental neat -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 prog-ramns 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 12 I the affordable housing project to the County, a not -for -profit oommuriltv 2 development organization, or any other entity approved by the Board of 3 County Commissioners, upon written request from the project sponsor and 4 approved by resolution of the Board of County Commissioners; or 5 t6) Rental employee housing projects situated on the same parcel of land as the 6 nonresidential workplace for the tenants of these projects, upon written 7 request from the property owner and approved by resolution of the Board of 8 County Commissioners"; and 9 10 WHEREAS, Oceanside Investors qualifies for this reservation pursuant to Monroe I I County Code Sec. 138424(b)(4); and 12 13 WHEREAS, the reservation of affordable housing allocation for the anticipated Project 14 does not exempt the Project from applicable requirements in the .Monroe County Code, 15 Florida Building Code and other regulatory requirements; and 16 17 WHEREAS, the reservation of these affordable housing allocations for a period for 18 greater than six months is necessary to provide consistency with. the Agreement-, 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: 22 23 Section L. A total of forty-six (46) affordable housing ROGO allocations are reserved for 24 the use of Oceanside Investors for a period of five years from the effective date of the 25 companion Development Agreement between the parties listed above, approved. by Monroe County on December 11, 2013. 27 23 Section 2. The allocations will be apportioned approximately 25% low income, 25% 29 median income, and 50% moderate income. 30 .31 Section 3. The reservation of twenty-three (23) moderate income affordable ROGO 32 allocations, twelve (12) median income affordable ROGO allocations, and eleven (11) 33 low income affordable ROGO allocations for award to the above mentioned mobile home 34 parks shall expire five (5) years from the effective date of the companion Development 35 Agreement between the parties listed above approved by Monroe County on December 36 11 2 013. 37 38 a. The Stock Island Suncrest Property shall be allocated three (3) low income 39 and four ( ' 4) moderate income affordable ROGO allocations. 40 b. The Summerland Palms Property shall be allocated seven (7) low income, ten 41 (10) median income and five (5) moderate affordable ROGO allocations, 42 c. The Cudjoe Coco Palms Property shall be allocated one (1) low income, two 13 (2) median income and fourteen (14) moderate income ROGO allocations. 44 45 1 2 3 4 5 6 7 8 9 to 11 12 Ia 14 23 24 25 26 27 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 Tee Danny Kolhage Yes Commissioner Heather Carruthers Yes Commissioner David Rice Yes Commissioner George Neugent Yes BOARD OF COUNTY COMMISSIONERS OF MO ROE COUNTY, FLORIDA BY a Murphy MY HEAVILIN, CLERK 4 7U -1i IE'! ,j --A,, A TTOW" -Y ML -70 7D