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Item H2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 11,2013 Division: Growth Management Bulk Item: Yes X No, Staff Contact Person/Phone#: Christine Hurley 289-2517 AGENDA ITEM WORDING: Approval of a Resolution reserving forty-six (46) affordable housing dwelling unit allocations(23 moderate, 12 median, and 11 low=46 affordable units)for Oceanside Investors,LLC, for a period of five years for use on mobile home parks located on properties at 24930 Overseas Highway, Summerland Key, Florida (Summerland Palms Property), 21585 Old State Road 4a, Cudjoe Key, Florida, (Cudjoe Coco Palms Property) and 5176 Suncrest Road, Stock Island(Stock Island Suncrest Property). This is a companion item to a Development Agreement which is the subject of a public hearing at this meeting. ITEM BACKGROUND: Summerland Palms Investors, LLC, Coco Palms Developers, LLC, Suncrest Landing, LLC, Singh Investors, LLC, and Oceanside Investors, LLC are proposing a development agreement pursuant to MCC §130- 161.1 which would enable Oceanside Investors, LLC to transfer 46 market-rate Rate of Growth Ordinance (ROGO) exemptions associated with existing mobile homes to its property on Stock Island , the receiver site, in exchange for maintaining an equal number of deed-restricted affordable housing units at mobile home parks listed below, the sender sites.The reservation of the affordable housing allocations is necessary to facilitate the development agreement. On November 7, 2013, the Planning & Environmental Resources Department issued a letter of development rights determination which stated 22 residential dwelling units located at 24930 Overseas Highway, Summerland Key on property legally described as Lot 55 and part of Lot 54, Summerland Yacht Harbor. On November 14, 2013, the Planning & Environmental Resources Department issued a letter of development rights determination which stated 7 residential dwelling units located at 5176-5180 Suncrest Road, Stock Island on property legally described as Lots 27 and 28, Sunkrest. On November 27, 2013, the Planning & Environmental Resources Department issued a letter of development rights determination which stated 17 residential dwelling units located at 21585 Old State Road 4A, Cudjoe Key, is legally described as Lot 30, Sacarma. On July 30, 2013,the development agreement was reviewed by the Development Review Committee. On November 15, 2013, the Planning Commission held a public hearing and requested a revision to the development agreement to modify affordable housing income types of the 46 affordable housing units from 100 percent moderate-income to an approximate combination of 50 percent moderate-income,25 percent median-income and 25 percent low-income. 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 xxhasingB/Purc Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM# 1 2 3 , 4 5 6 7 MONROE COUNTY, FLORIDA 8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 9 RESOLUTION NO. -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. 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 I the affordable housing project to the County, a not-for-profit community 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 (6) 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 11 County Code Sec. 138-24(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 21 OF COUNTY COMMISSIONERS: 22 23 Section 1. 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 26 Monroe County on December 11, 2013. 27 28 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, 2013. 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 43 (2)median income and fourteen (14) moderate income ROGO allocations. 44 45 3 1 PASSED AND ADOPTEDby the Board of County Commissioners of Monroe County, 2 Florida at a regular meeting held on thel Ith day of December,2013. 3 4 Mayor Sylvia Murphy 5 Mayor Pro Tem Danny Kolhage 6 Commissioner Heather Carruthers 7 CommissionerDavid Rice 8 Commissioner George Neugent 9 10 BOARD OF COUNTY COMMISSIONERS 11 OF MONROE COUNTY,FLORIDA 12 13 14 BY 15 Mayor Sylvia Murphy 16 17 18 19 20 (SEAL) 21 22 ATTEST. AMY HEAVILIN, CLERK 23 24 25 26 DEPUTY CLERK 27 ,ONROE COUNTY ATTORNEY APPROX. D AS TO FORM: ASSISTANT ATTORNEY �SU � M. GRIM L As. a T COUNTY 4