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HomeMy WebLinkAboutItem J3 J3 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor James K.Scholl,District 3 The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2 Craig Cates,District 1 David Rice,District 4 Holly Merrill Raschein,District 5 Board of County Commissioners Meeting January 15, 2025 Agenda Item Number: J3 2023-3534 BULK ITEM: No DEPARTMENT: Planning & Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Cheryl Cioffari/Nathalia M. N/A Archer/Christine Hurley AGENDA ITEM WORDING: Approval of a resolution approving $10,000,000 for construction funding to the Key West Housing Authority for 20 affordable rental units at Poinciana Plaza utilizing accumulated surplus Tourist Development Tax and Tourist Impact Tax revenues collected through September 30, 2024 for the purpose of providing housing that is affordable and available to employees of private sector tourism- related businesses in the County in accordance with Ch. 2024-219, Laws of Florida. ITEM BACKGROUND: The Key West Housing Authority (KWHA) is developing 54 new units at Poinciana Plaza in the City of Key West. The number of units depends on whether they are able to obtain variances for setbacks, etc. Of the 54 new units at Poinciana, KWHA is proposing to develop fourteen (14) 1-bedroom/bathroom units and six (6) 2+ bedroom/bathroom units for a total of twenty (20) units which will be solely occupied by heads of households working in a private sector tourism-related business. The County will disburse the $10,000,000.00 when KWHA provides the County's Planning & Environmental Services Director, or her designee, with the following: 1. a written loan commitment from a lender for the entire project cost 2. a proforma showing the entire project cost, certified by a licensed design engineer or architect; and 3. written confirmation from the City of Key West indicating permits are ready for issuance for the 20 new units. Upon acceptance of$10,000,000, the KWHA shall sign and record a Land Use Restriction Agreement (LURA) restricting use of the subject property to affordable housing in accordance with section 380.0666(3)(a), Florida Statutes in perpetuity. Attached is the DRAFT site plans showing 54 units. 1532 PREVIOUS RELEVANT BOCC ACTION: April 17, 2024 - Board directed staff to prepare an ordinance to allow for the authorized use of Tourist Development and Tourist Impact Tax revenues as set forth in SB 1456. May 15, 2024 - Board approved Ordinance No. 018-2024 which authorized "accumulated surplus" funds to be transferred to an account to be held directly by the County or Land Authority for use in accordance with provisions of SB 1456 with adoption of a policy or resolution setting forth the process for distribution and expenditure of the accumulated funds to be approved by the Board at a later date. August 21, 2024 - Board directed staff to bring back information to the Board concerning the collection of tourist tax revenues. September 11, 2024 - Board directed staff to bring back information from the Affordable Housing Advisory Committee (AHAC) and the Tourist Development Council(TDC). October 16, 2024 - Board directed staff to bring back information from AHAC and the TDC and seek input from the cities regarding potential projects within their respective jurisdictions. November 19, 2024 - Board gave direction for use of the accumulated surplus Tourist Development Tax and Tourist Impact Tax revenues collected through September 30, 2024 to be spent as closely as possible to the 5 year average of where the funds were collected by District Advisory Committee (DAC) boundaries, in an amount not to exceed $35 million for the purpose of providing housing that is affordable and available to employees of private sector tourism-related businesses in the County in accordance with Ch. 2024-219, Laws of Florida and to use the North American Industry Classification System (NCAIS) to define "tourism related affordable housing". December 11, 2024 - Board approved Resolution 544-2024 establishing the Monroe County Affordable Tourism Housing Program and setting forth the program qualifications, restrictions, and conditions for funding affordable housing projects utilizing the accumulated surplus Tourist Development Tax and Tourist Impact Tax revenues collected through September 30, 2024, in an amount not to exceed $35 million for the purpose of providing housing that is available to employees of private sector tourism-related businesses in the County in accordance with Ch. 2024-219, Laws of Florida. INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: Resolution 544-2024 Resolution Approving Funding Ivey Nest Housing Authority Application for Funds Proposed Site Plan FINANCIAL IMPACT: Utilization of$10,000,000 from TDC Surplus. 1533 1534 ,) 0 / IP9 wc�in> RESOLUTION NO. 544 -2024 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, ESTABLISHING THE MONROE COUNTY AFFORDABLE TOURISM HOUSING PROGRAM FOR PURPOSES OF FUNDING AFFORDABLE HOUSING DEVELOPMENT PROJECTS WHICH PROVIDE AFFORDABLE HOUSING AVAILABLE TO EMPLOYEES OF PRIVATE SECTOR TOURISM-RELATED BUSINESSES IN THE COUNTY IN ACCORDANCE WITH CH. 24-219, § 4, LAWS OF FLA.; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Ch. 24-219, Laws of Fla., (SB 1456) became effective on July 1, 2024; and WHEREAS, Ch. 24-219, § 4, Laws of Fla., provides that counties, which are designated as an Area of Critical State Concern (ACSC), and which levy both a tourist development tax pursuant to F.S. 125.0104, and a tourist impact tax pursuant to F.S. 125.0108, may use any accumulated surplus from such taxes collected through September 30, 2024, not to exceed $35 million, whether held by the county directly, or by a land authority in the county created pursuant to F.S. 380.0663, for purposes of providing housing which is available to employees of private sector tourism-related businesses in the county; and WHEREAS, Ch. 24-219, § 4, Laws of Fla., further provides that any housing financed with funds from the surplus may be used only for purposes of providing "affordable" housing, as defined in F.S. 420.0004, for a period of no less than 99 years; and WHEREAS, pursuant to F.S. 420.0004, for one or more natural persons or a family, the total annual adjusted gross household income must be less than 120 percent of the median annual adjusted gross income for households within the state; and WHEREAS, Ch. 24-219, §4,Laws of Fla.,further provides that expenditure of such funds is subject to approval by a majority vote of the BOCC; and WHEREAS, in anticipation of Ch. 24-219, Laws of Fla.,becoming law, on May 15, 2024, the Board of County Commissioners (BOCC)passed Monroe County Ordinance 018-2024,which authorized the "accumulated surplus" funds to be transferred to an account to be held directly by the County or Land Authority and authorized for use in accordance with state law; and WHEREAS,within said Ordinance,the BOCC stated that"[t]he BOCC will adopt a policy or resolution setting forth the process for distribution and expenditure of accumulated funds for Page 1 of 6 1535 affordable housing in accordance with the conditions as set forth in SB 1456"; and WHEREAS, the BOCC wishes to adopt through resolution a policy setting forth the program parameters, restrictions, and conditions for evaluation of potential affordable housing projects which qualify for this funding and the subsequent distribution and expenditure of the accumulated funds for selected affordable housing projects in accordance with the requirements as set forth in Ch. 24-219, § 4, Laws of Fla. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1: RECITALS AND LEGISLATIVE INTENT. The foregoing recitals and statements of legislative intent are true and correct and are hereby incorporated as if fully set forth herein. SECTION 2: PURPOSE AND INTENT. The Monroe County Affordable Tourism Housing Program ("Program") is hereby established. The purpose and intent of the Program is to facilitate the purchase, development, construction, and/or rehabilitation of affordable housing projects which meet the Program guidelines and requirements as set forth in this Resolution,which may be amended from time to time. SECTION 3: DEFINITIONS. (A) Affordable shall have the same meaning as § 420.0004, Florida Statutes. (B) BOCC shall mean the Monroe County Board of County Commissioners. (C) Land Use Restriction Agreement (L URA) shall mean a deed restriction restricting the units purchased, developed or rehabilitated using funding from this Program as affordable for a period of no less than 99 years. (D) Private Sector Tourism-Related Businesses shall mean those businesses physically located and operating within Monroe County, and who fall within one (1) or more of the following 2022 North American Industry Classification System (NAILS) Categories: 1. Sector 71. Arts, Entertainment, and Recreation. 2. Sector 72. Accommodation and Food Services. 3. Subsector 487 of Sector 48-49. Scenic and Sightseeing Transportation. (E) Program shall mean the Monroe County Affordable Tourism Housing Program. (F) Project(s) shall mean affordable residential housing consisting of one (1) or more residential dwelling unit(s) and which meet the Program requirements. (G) Qualified Employees shall mean employees of private sector tourism-related businesses who meet the affordable income qualifications and who possess no ownership interest in a residential property in Monroe County or the contiguous counties of Miami-Dade and Collier counties. (H) Surplus funds shall mean accumulated excess of revenue in an amount not to exceed $35,000,000.00. Page 2 of 6 1536 SECTION 4: PROGRAM GUIDELINES. The Program will provide financial assistance for the purchase, construction, or redevelopment of affordable housing Projects subject to the following guidelines: (A)Types of Projects 1. The following types of projects will be considered for complete or partial funding: a. New construction of residential dwelling unit(s); b. Rehabilitation of residential dwelling unit(s); c. Purchase of existing parcel(s), developed or undeveloped; d. Purchase of existing residential unit(s) or development(s); and/or e. A mix of any of the above. (B)Types of Residential Units. 1. Projects should include the following type(s) of housing units, in order of preference: a. studio/efficiency apartment(s); b. 1 bedroom / 1 bathroom apartment(s); c. 2+bedroom/bathroom apartment(s); and/or d. Family type units with multiple bedroom/bathrooms. 2. Projects with multiple residential units may include a mix of these types of residential units. (C)Types of Qualified Employees 1. Projects should prioritize the following type(s) of Qualified Employees, subject to affordability criteria, in order of preference: a. Single employees; b. Employees with dependents; c. Entry-level employees; and/or d. Managers. (D)Additional Considerations. 1. Any and all Projects which involve one or more of the following will be given greater weight in consideration: a. Projects which propose partnerships with existing governmental entities, i.e., Key West Housing Authority, Monroe County Housing Authority, Monroe County Land Authority; b. Projects which propose partnerships with existing non-profits that have demonstrated the ability to develop affordable housing in Monroe County, meaning who have developed at least ten (10) affordable housing units over the past 5 years; c. Scattered site(s) developments which utilize existing scarified single-family lots that have no protected habitat; d. Projects which propose allowing Monroe County to utilize the rental income, after necessary deductions for administration, building reserves, etc., for inclusion in a separate interest-bearing Page 3 of 6 1537 account to be used in the future to provide additional affordable housing within Monroe County. 2. The following types of Projects shall not be funded: a. Projects which are already funded and required to provide affordable housing; and/or b. Projects required to be built pursuant to inclusionary housing requirements and/or development approvals linked to a market- rate and/or commercial project. 3. Projects which shall also be considered, in no order of preference: a. Public-Private Partnerships (P3s); and/or b. Purchase of existing residential dwelling developments with a county lease back to original owner for management and lease with required LURA restrictions on the subject property. SECTION 5: REQUIREMENTS. Any and all Projects selected for funding by Monroe County are subject to the following requirements: (A)Application to Monroe County for funding; (B)Encumbrance of funding for a specific Project is subject to approval of a majority vote of the BOCC by separate Resolution; (C)Prior to distribution of funds, recording of a LURA drafted and provided by the Monroe County Attorney's Office; (D)No amount of the funding in this program may be used to develop commercial property; (E) Only rental residential dwelling unit(s) shall be considered; (F) Any other requirements in this Resolution, as may be amended from time to time; and (G)Any other requirements as may be outlined in the specific project funding Resolution, as may be amended from time to time. SECTION 6: COUNTY GUIDELINES. (A)The County Administrator shall facilitate the Program and delegate responsibilities of the Program to county staff as deemed necessary in his/her sole discretion,which should include, but not necessarily be limited to, an application process and a webpage. County Administrator may enlist third-party reviewers or administrators for income and employment verification. (B)Application package should include, at a minimum: 1. Detailed description of the project, including address/Parcel ID and business plan, if applicable; 2. Included or potential building plans, if any; 3. Any current land restrictions; 4. Amount of funding requested and detailed documentation to support request. (C)Staff shall review and evaluate Project applicants and provide a written recommendation to the BOCC for approval/disapproval of funding along with a Page 4 of 6 1538 draft Resolution, if applicable. Staff may, in its discretion, seek additional information from the applicant(s)prior to finalizing staff recommendations. (D)When reviewing and evaluating Projects, staff should consider allocation of the surplus funds by the percentage of total funding earned within the geographical boundaries of the tax collection districts as defined in Monroe County Code of Ordinances Chapter 23, Article VI. (E)Funding shall only be issued after a project has received building permits and all funding needed to complete the project has been approved as demonstrated by loan commitments, to assure the project can be completed. SECTION 7: TENANT ELIGIBILITY. (A)Only Qualified Employees who meet the affordable income qualifications in § 420.0004, Florida Statutes, shall be eligible to apply for rental of any residential dwelling unit(s)purchased and/or funded by this Program. (B)Tenants will be required to submit proof of eligibility at the time of application and again at the time of annual lease renewal. (C)Only one full-time resident of the household needs to be, and remain, an employee of a private sector tourism-related business for the household to qualify. All members of the household must meet the affordable income limits, according to the local government affordable housing regulations, which differ amongst local governments in the county. SECTION 8: TENANT LEASE TERMS. Any and all leases to tenant(s) for dwelling unit(s)purchased and/or funded by this Program shall meet the following requirements: (A)Shall be in writing; (B)Shall reference the LURA; (C)Any and all rental leases to tenant(s) shall be for a period of one (1)year. (D)Lease may only be renewed subject to the BOCC's rules of the Program which include, but are not limited to, tenant income and employment eligibility. (E)Lease shall include an early termination provision in the event the qualified applicant(s) is/are no longer eligible. (F) Maximum monthly rental rates shall not exceed the applicable annual Monroe County Maximum Monthly Rental Rates unless the rental residential dwelling unit(s)is/are located within the physical geographical boundaries of the City of Key West, Marathon, or Islamorada. In that case, the tenant shall be subject to the City of applicable Cities' Maximum Monthly Rental Rates for the respective income category. SECTION 9: CONSTRUCTION AND INTERPRETATION. This Resolution, being necessary for the health, safety, and welfare of the residents of and visitors to Monroe County, shall be liberally construed to effect(uate) the public purpose(s) hereof. Interpretation of this Resolution shall be construed in favor of the Monroe County Board of County Commissioners, and such construction and interpretation shall be entitled to great weight in adversarial administrative proceedings, at trial, in bankruptcy, and on appeal. Page 5 of 6 1539 SECTION 10: NON-RELIANCE_BY NON-PARTIES AND NO THIRD-PARTY RIGHTS OR BENEFICIARIES. Nothing contained herein shall create or be construed :or interpreted to create any relationship,contractual or otherwise,with,or any rights in favor of, any third party. No person or,entity shall be entitled to rely upon this Resolution or any provision hereof to enforce or attempt to enforce any claim or entitlement to or benefit of any service or, program contemplated hereunder. SECTION.11: SECTION HEADINGS. Section headings have been inserted into this Resolution as a matter of convenience for reference only,and shall not be used in the interpretation or construction of this Resolution or any part thereof. SECTION 12: NO LIABILITYY. Monroe County expressly reserves and in no way shall be deemed to have waived,for itself or for its officer(s), employee(s), or agent(s), any sovereign, governmental, and other similar defense, immunity; exemption, or protection against any suit, cause-of-action, demand, or liability. SECTION 13 SEVERABILITY. If any provision of this Resolution, or any part or portion thereof, is held to be invalid or unenforceable by.any administrative hearing officer or court of competent jurisdiction,the invalidity or unenforceability of such provision, or any part or portion thereof, shall neither limit or impair the operation, enforceability;or validity of any other provision of this Resolution,or any remaining part(s)or portion(s)thereof All other provisions of this Resolution and remaining part(s)or portion(s)thereof,shall continue unimpaired in full force and effect. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, =at a regular meeting of said board on the 1 l th day of December 2024. Mayor James K. Scholl Yes Mayor Pro Tern Michelle Lincoln Yes Commissioner Craig Cates Yes Commissioner David Rice Yes _ .s Commissioner Holly Merrill Raschein Yes (SEAL) ' BOARD OF COUNTY COMMISSIONERS' g 11�TTES1EVIN MADOK,CLERK OF MONROE COUNTY,FLORIDA B y: DE UTY CLERK AYOR/CHAIRPERSON APPROVED AS TO FORM&LEGAL SUFFICIENCY Monr a ounty Attorney's Office thalia Melues'Archei Ass tant County Attorney Page 6 of 6 1540 F \i ��h hk Am RESOLUTION NO. -2025 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING $10,000,000.00 FOR CONSTRUCTION FUNDING FROM THE MONROE COUNTY AFFORDABLE TOURISM HOUSING PROGRAM UPON KEY WEST HOUSING AUTHORITY RECEIVING A LOAN COMMITMENT FOR FUNDING FOR THE ENTIRE PROJECT AND UPON RECEIPT OF BUILDING PERMITS FROM THE CITY OF KEY WEST FOR 20 UNITS WHICH WILL BE DESIGNATED FOR EMPLOYEES OF PRIVATE SECTOR TOURISM-RELATED BUSINESSES IN ACCORDANCE WITH MONROE COUNTY RESOLUTION 544-2024 ON PROPERTY LEGALLY DESCRIBED AS A TRACT OF LAND LYING ON THE ISLAND OF KEY WEST, MONROE COUNTY, FLORIDA AND BEING KNOWN AS A PORTION OF LOT 5, LOTS 6 THROUGH 12, BLOCK 17,AND LOTS 1 THROUGH 8,A PORTION OF LOTS 9 THROUGH 12,BLOCK 18 AND LAND LYING NORTH OF SAID BLOCKS AND BEING MORE PARTICULARLY DESCRIBED AS SHOWN IN EXHIBIT A WITH PARCEL ID# 00054250-000000 SUBJECT TO A LAND USE RESTRICTION AGREEMENT (LURA);AND AUTHORIZING THE MAYOR TO EXECUTE DOCUMENTS IN SUPPORT OF THE PROJECT. WHEREAS, Ch. 24-219, Laws of Fla., (SB 1456) became effective on July 1, 2024; and WHEREAS, Ch. 24-219, § 4, Laws of Fla., provides that counties, which are designated as an Area of Critical State Concern (ACSC), and which levy both a tourist development tax pursuant to F.S. 125.0104, and a tourist impact tax pursuant to F.S. 125.0108, may use any accumulated surplus from such taxes collected through September 30, 2024, not to exceed $35 million, whether held by the county directly, or by a land authority in the county created pursuant to F.S. 380.0663, for purposes of providing housing which is available to employees of private sector tourism-related businesses in the county; and WHEREAS, Ch. 24-219, § 4, Laws of Fla., further provides that any housing financed with funds from the surplus may be used only for purposes of providing "affordable" housing, as defined in F.S. 420.0004, for a period of no less than 99 years for employees of private sector tourism-related businesses as defined in Monroe County Resolution 544-2024; and WHEREAS, pursuant to F.S. 420.0004, for one or more natural persons or a family, the total annual adjusted gross household income must be less than 120 percent of the median annual adjusted gross income for households within the state; and Page 1 of 3 1541 WHEREAS,Ch. 24-219, §4,Laws of Fla.,further provides that expenditure of such funds is subject to approval by a majority vote of the BOCC; and WHEREAS,in anticipation of Ch. 24-219,Laws of Fla., becoming law, on May 15, 2024, the Board of County Commissioners (BOCC)passed Monroe County Ordinance 018-2024, which authorized the "accumulated surplus" funds to be transferred to an account to be held directly by the County or Land Authority and authorized for use in accordance with state law; and WHEREAS,within said Ordinance,the BOCC stated that"[t]he BOCC will adopt a policy or resolution setting forth the process for distribution and expenditure of accumulated funds for affordable housing in accordance with the conditions as set forth in SB 1456"; and WHEREAS, the BOCC adopted Resolution 544-2024 establishing the Monroe County Affordable Tourism Housing Program (hereinafter "the Program") setting forth the program parameters, restrictions, and conditions for evaluation of potential affordable housing projects which qualify for this funding and the subsequent distribution and expenditure of the accumulated funds for selected affordable housing projects in accordance with the requirements as set forth in Ch. 24-219, § 4, Laws of Fla.; and WHEREAS, the Housing Authority of the City of Key West (hereinafter KWHA) is proposing to develop 54 new affordable housing units, known as the Poinciana Housing Project, on land described in Exhibit A, in Key West at Poinciana Plaza (subject property); and WHEREAS, the KWHA has plans to develop 54 affordable new housing units for income eligible households whose income does not exceed 160 percent of the Area Median Income in accordance with section 380.0666(3)(a), Florida Statues; and WHEREAS, the KWHA desires to limit 20 of the 54 affordable new housing units to be solely occupied by heads of households employed by a private sector tourism-related business whose income does not exceed 120 percent of the median annual adjusted gross income for households within the state; and WHEREAS, the KWHA has applied to the Program for $10 million in construction funding to facilitate the development; and WHEREAS, KWHA has requested $10,000,000 be disbursed upon issuance of building permits for the 20 units; and WHEREAS, Section 380.0666(3)(a), Florida Statues, empowers County to utilize tourist impact tax revenue in the KW fund toward the construction of affordable housing in Key West; and WHEREAS, the Board of County Commissioners considered this resolution at a meeting held on January 15, 2025; NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: Section 1. The above recitals are true and correct and incorporated herein. Page 2 of 3 1542 Section 2. Monroe County hereby commits $10,000,000.00 in FY25 for construction funding for the Subject Property to KWHA. Section 3. The County will disburse $10,000,000 upon receipt from KWHA and approval by the County's Planning and Environmental Services Director, or her designee, the following: 1. a written loan commitment from a lender for the entire project cost; 2. a proforma showing the entire project cost, certified by a licensed design engineer or architect; and 3. written confirmation from the City of Key West indicating permits are ready for issuance for the 20 new units. 4. Proof of recorded LURA pursuant to section 4 below. Section 4. Prior to disbursement of any portion of the $10,000,000, the KWHA shall sign and record a Land Use Restriction Agreement (LURA), to be drafted and provided by the Monroe County Attorney's Office, restricting use of the subject property shown in Exhibit A to affordable housing in accordance with section 420.0004,Florida Statutes, and the Monroe County Affordable Tourism Housing Program, for 99 years. Section 5. The Mayor and County Administrator are hereby authorized to execute documents in support of KWHA's funding. Section 7. This resolution shall take effect immediately upon its adoption PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 15th day of January, 2025. Mayor James K. Scholl, District 3 Mayor Pro Tem Michelle Lincoln, District 2 Commissioner Craig Cates, District 1 Commissioner David Rice, District 4 Commissioner Holly Merrill Raschein, District 5 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY MAYOR JAMES K. SCHOLL (SEAL) ATTEST: KEVIN MADOK, CLERK AS DEPUTY CLERK Page 3 of 3 1543 'Cl ��MU A 4 a lf�1J`r v coca/Icv r✓IHr-N/s L T t stC.34-1675-K2>L / r/Il/��1/�/�f�� ij° rt ✓!�Ij„ '.. 1�i',!�///�������/ //�/f��/��jUi %a '..r//�':- ?,' All AE / /ii ;% gg S //r il ruu�a /r /a/r� / al" //� r r r w ri o io zo n lM, / 2 r ll MA r o/ /) /iII �r 1�Yy�IJI➢rn wr/r /; % 10 / /i o �3It +30' neN�gntbfNraY�ne�aoutrA��uefoaAisbn�ae �t ,\ Y ' a 120 asrs e.1 to me Post a g g a lo g 1 12A-5 LOT �;\\ \-t \� ©LOCK 19 A TIT LOT 7 \ \ v�c.co o \ _JL �HE Q 00 5Y1/60L=GELD *SKETCII OF LEGAL DESCRIPTION ONLY,T1115 IS NOT A BOUNDARY SURVEY' SPECIFIC PURPOSE SURI/EY „g rt.RA FLORIDA KEYS TO IL_LeTKATL THE_ECAL ocscalrTON "It aUT110KC'J 80 TI'E UVDLKSIGNLD LAND SURVEYING A PORTION OF 1671 DUNLAP DRIVE zlaso or T ras r r swT a KEl'WE5T MONROE COUNTY,STATE OF FLORIDA J CUDJJ YC R 33 42 CUE O 94 tF 2 r,�H () 09/.3 3 oe/os/2o24 EA uNr DI EIDA L.FK era Cr/Ild Loom E.xx/xx/xxxx DRF "u 20AP 1540 APPLICATION MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT +_p „ e t Monroe County Affordable Tourism Housing Program Application The purpose and intent of the Program is to facilitate the purchase, development, construction, and/or rehabilitation of affordable housing projects which serve private sector tourism-related businesses and meet the Program guidelines and requirements as set forth in the Resolution - 111MEMINNEIREEMEMEM Date of Submittal: Month Day Year Applicant/Agent Authorized to Act for the Property Owner: The 11 lousing Authority of the City of Key West, F, 11 Randy St r°finr Applicant(Name of Person,Business or Organization) Name of Person Submitting this Application 1400 Kennedy I[..)ir�v , Key West, IFL 33040 Mailing Address(Street,City, State and Zip Code) 305- 00-56 1 SterfingR@KWHA an„r Daytime Phone Email Address Property Owner: I he 11 lous4ig Aut1hoirity of the City of Ivey West, IFL Rar dy teirI14--rig (Name/Entity) Contact Person 1400 Kennedy Dflve, Ivey Vest, IFL 33040 Mailing Address(Street,City, State and Zip Code...................... m �... m.....�.m.. m...m �. .,__,��. n..-.m...... . _m.._m....__ 305- 6-55 1 St r Hng WF1A orm Daytime Phone Email Address Legal Description of Property: (If in metes and bounds, attach legal description on separate sheet) KW IfVDIN SILY13 IM...AT 2 M-189 FIT II..,'TS'1"TN RIFLN..B 5&ALL L:"Iris 6"rHRU 12 ICBN...K'14'&Ic a 1"N"L9RU 8&IPT L l'S 9"D.-C U 12 BIL..IK.IS&.N...AN11 U LY04G N OFV SAID LBL KS _ .. _.�.. ...... ....... .... Block Lot Subdivision Key 0005450-000000 10547 ...... ...................... ...... Real Estate(RE)Number Alternate Key Number 1571 Dunialp Drive, Key West, A..... 33040 Furor (4) Street Address(Street,City, State,Zip Code) Approximate Mile Marker Page 1 of 4 Updated 12/06/2024 1545 Affordability of Units. All units constructed or developed with the funding requires Affordable shall have the same meaning as F.S. 420.0004, (i.e., for one or more natural persons or a family,the total annual adjusted gross household income must be less than 120 percent of the median annual adjusted gross income for households within the state). Rental Affordable Housing Units Monroe County 2024 Quali4ing Income Limits Incorne Limits for Single Persons Household Size Very Low Low Me Mimkrate dian 50% 8D% 100% 120% I Person $41,904.1 $66,850 $83,600 SI00.-320 2 Persons $4 7,700 $76,350 $95,400 $114,480 3 Pcmms $53,7t ) $85"9510 $107,4011 S128,880 4 Persons $59,650 $95,450 $1 19,M) $143,160 ..........................................- 5 pmons %A,450 $1.03,100 $128,900 $154,680 5T"RT'7750 $1311v400 $166.,OW,� 7 P rn, $74,000 -$118,41X) $148,000 S177,6011 8 pa"'iOns V78,750 $126,000 $157,5[10 $189.01111 Income Limits Car Married ar 11[)Oinegfir Partirters ------------.......-..... ...... .......... Householl Sim Very Low lbow MiAlan MW.Klerailve 511014 T MM 121 Plo 2 Paw- ins %3,0M $1 C11 11"NO $127,200 $15,2,640 3 Persons °171,600 $114,600 :'i143,200 S171,840 4 Pcrmins $.79 33]3, $127,267 $159,067 1 S I W),NMO 5 Pcrw. n: S85,933 $137,467 S171,867 $206240 6 Persons $92,�767 $14`7,667 $184,533 $221,440 7 Pcrsow, $98,667 $157,867 $197,333 236„800 8 Permins $105,000. 14168,000 $2 10,000 $252,M)0 NrMCC 11 319-1w,bgi6,9fjr Please indicate type of proposed project. Select one of the following: ENew construction of residential dwelling unit(s); • Rehabilitation of residential dwelling unit(s); • Purchase of existing parcel(s), developed or undeveloped; • Purchase of existing residential unit(s)or development(s); and/or 11 A mix of any of the above. Please describe: ............................ ........-------------------- Please indicate type and number of residential units to be provided: * Studio/efficiency apartment(s);_units * I bedroom/ I bathroom apartment(s); 14 units * 2+bedroom/bathroom apartment(s); 6 units 0 Family type units with multiple bedroom/bathrooms.-units Page 2 of 4 Updated 12/06/2024 1546 Please indicate the type of qualified employees you wish to house,subject to affordability criteria,in order of preference. (Rank in order of 1-4. 1 being the highest priority and 4 being the lowest priority.) ❑ Single employees 1 ❑ Employees with dependents 1 ❑ Entry-level employees 1 ❑ Managers 1 Please indicate which sector of the 2022 North American Industry Classification System (NAICS) Categories the private sector tourism-related business. Select all that apply and provide any supporting documentation. 0 Sector 71. Arts, Entertainment, and Recreation 0 Sector 72. Accommodation and Food Services. 1E Subsector 487 of Sector 48-49. Scenic and Sightseeing Transportation. Specify funding request: $ 10,000,000.00 Provide a Business Pro-Forma that outlines and substantiates the request for funding. The Pro-Forma should include anticipated construction costs,total number of units, distribution of rental income,etc. The total development cost for the project is estimated at approximately 29 million dollars. A detailed breakdown of costs will be provided at a later date, once the Housing Authority receives bids for the project. If the $10,000,000 request is approved, the project will be fully funded. The current funding sources are the Monroe County Land Authority and a private lending institution. Provide a detailed description of the project: The KWHA plans to construct fifty-four(54) brand-new, deed-restricted, affordable, family-friendly housing units, of which twenty(20) units will be solely occupied by heads of households working in a tourism-related field. The new housing development will be built well above the floodplain and comply with baseline green building certification standards. It will feature ample parking, enhanced stormwater management, and fire protection. Native trees and plants will be installed around the property, along with sufficient irrigation. No variances are expected to be requested. The units will be managed by a full-time professional property manager and maintained by experienced and skilled maintenance mechanics. Residents will have access to a 24-hour emergency maintenance line and enjoy the security of a police detail that will ensure peace and safety. Provide a detailed timeline of the construction and development plan (can be part of detailed description of project): Conceptual Design for Architecture, Landscape, and Civil Engineering: Completed by January of 2025 Planning Process: Submittal January 2025, Approval September 2025 Construction Documents: 100% Completion January 2026 Bidding & Negotiation: Invitation for Bids issued January 2026, GC under contract by March 2026 Permitting: GC submit for permits March 2026, permits issued by May 2026 Construction: GC to mobilize by May 2026, project closed out August 2027 (15 months) iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillillilillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliililI The following types of Projects shall not be funded: a. Projects which are already funded and required to provide affordable housing; and/or b. Projects required to be built pursuant to inclusionary housing requirements and/or development approvals linked to a market-rate and/or commercial project. Page 3 of 4 tlp�&:H&d 1547 Is this project receiving any other types of funding? 9 YES/ ❑NO If Yes,please list other sources of funding. The Monroe County Cornprehensive Plan Land Authority Is the proposed project required as a part of inclusionary housing requirements and/or development approvals? ❑ YES/N NO Is this request for funding part of a Public Private Partnership? ❑ YES/R NO If Yes,this requires an additional process by Florida Statute. (provide addendum to application) Any and all projects which involve one or more of the following will be given greater weight in consideration. Please check all that apply. El Projects which propose partnerships with existing governmental entities, i.e., Key West Housing Authority, Monroe County Housing Authority,Monroe County Land Authority; lil Projects which propose partnerships with existing non-profits that have demonstrated the ability to develop affordable housing in Monroe County, meaning who have developed at least ten (10)affordable housing units over the past 5 years; ❑ Scattered site(s)developments which utilize existing scarified single-family lots that have no protected habitat; ❑ Projects which propose allowing Monroe County to utilize the rental income, after necessary deductions for administration, building reserves, etc.,for inclusion in a separate interest-bearing account to be used in the future to provide additional affordable housing within Monroe County.(If yes,information should be included in pro-forma.) Does this project have all required entitlements? ❑ YES/ E NO Applicant has 54 EPAS units; If Yes,please provide copies of approved development orders and/or building permits. award letter attached. I,the Applicant, certify that I am familiar,, h the information contained in this application, and that to the best of my knowledge such information is true, c ` .1 ,e�d a urate. Signature of Applicant: ,� ..� Date: STATE OF � m COUNTY OF ... Sworn to and subscribed before me,by means of either physical presence OR ❑ online notarization, on day of 20�l„„ by (PRINT NAME OF PERSON MAKING ST EMENT) who is re sonally known to me OR ❑ produced _ as (TYPE OF ID PRODUCED) identif G ..c.......W__ � SI , RE OF NOTAI PUBLC PRINT,TYPE OR STAMP COMMISSIONED NAME OF NOTARY PUBLIC ^ • MY COMMISSION EXPIRES: ;�a`•• �,•: IISSETT'E CUERVO CAM * Commisslort#HH 347896 •;r '�` '.Fp'F•,�OQ:` EXpIfES January fA,GVG/ Page 4 of 4 Updated 12/06/202 1548 ��.tcxr xa . adF dQ@�r f� � �h2° �n I�° I"���"�N� ��' E �� FLO W DA P i AN 1300 \A/hf 'kl Street v, K(,,,,t e 1l\le,,r , l-Ponda .1 e040 4602 '105 a.09u `11/20 August 7, 2024 VIA ELECTRONIC MAIL William P. Horn, PA 915 Eaton Street Key West, FL 33040 Re: Award for Year 11 (2023-2024)Building Permit Allocation System(BPAS) 3400 Duck Avenue, Key West, Florida (RE#000542500-000000) Dear Mr. Horn, The Planning Board approved the final determination of awards for the Year 11 (2023-2024) Building Permit Allocation System (BPAS) on June 20, 2024, via Resolution No. 2024-26. Congratulations on your BPAS award allocation for fifty-four (54) affordable-rate BPAS units for property located at 3400 Duck Avenue,with one hundred and five (105) points. Pursuant to Section 108-997(b)(1) of the Land Development Regulations, applicants proposing major construction/renovation must meet the following criteria: a. All new units shall be constructed in compliance with and obtain a baseline green building certification. b. All new buildings shall be constructed so as to have the first habitable floor 1.5 feet above the required base flood elevation, with the exception of properties located within the historic zoning districts, where the applicant must first demonstrate that such elevation does not interfere with the essential form and integrity of properties in the neighborhood by obtaining a certificate of appropriateness. c. All new buildings shall be constructed with a rainwater catchment system that will hold a minimum 300 gallons of water or on amount equivalent to 100% of the new roof area in gallons whichever is greater. If the cistern will be used for drinking water, appropriate precautions must be taken. d. An applicant may request to be exempted from the rainwater catchment requirement, if: (iJ the applicant is voluntarily providing affordable housing at median or low-income classification which exceeds the requirements of section 122-1467 by at least twenty percent. (ii) the applicant seeks to create an accessory unit(s) but the impervious surface and/or building coverage ratio maximums for the parcel have been met or exceeded, and the applicant contributes a fee of$2 per required gallon in mitigation to the City's stormwater fund. 1549 1A/ �te1�' West, f hr>6d8 .����a04O 6601' 3015 3720 u Per City Code, Section 108-997 (e), building permits shall be obtained within two (2) years of the final determination award date or no later than June 20, 2026. If a building permit is not issued within that timeframe,the allocated units will revert to the City as a recovered unit for allocation during the following sequential award year. Please note that the development as proposed will require the following additional approvals to be obtained within the two-year period: Additional Approvals Required: 1. All applicable building permits. 2. All applicable Planning Board approvals. 3. All applicable City Commission approvals. 4. All applicable Historic Architectural Review Committee (HARC) approvals. 5. All applicable Tree Commission approvals. 6. Arts in Public Places (AIPP)for applicable projects. Please feel free to contact the Planning Department with any questions. Planning staff are available to meet with you to discuss this or any future applications. Sincerely, Katie P. al oran Planning Director Attachments: Planning Board Resolution 2024-26 Staff Report Final Ranking 1550 PLANNING BOARD RESOLUTION NO. 2024 -26 A RESOLUTION OF THE CITY OF KEY WEST PLANNING BOARD APPROVING BUILDING PERMIT ALLOCATION SYSTEM (BPAS) RANKINGS AND MAKING THE FINAL DETERMINATION OF AWARD FOR YEAR 11 BUILDING PERMIT ALLOCATION SYSTEM (BPAS) APPLICATIONS PURSUANT TO SECTIONS 108-995 AND 108-997 OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF KEY WEST, FLORIDA. WHEREAS, the City of Key West, Florida, (the "City") adopted Ordinance No.13-19, which became effective on February 27, 2014, establishing a Building Permit Allocation System ("BPAS") in order to limit the amount of new permanent and transient residential development in the City pursuant to Objective 1-1.16 of the Comprehensive Plan; and WHEREAS,the BPAS is now codified in Chapter 108, article X of the Land Development Regulations ("LDRs") of the Code of Ordinances (the "Code"); and WHEREAS, City Code Section 108-995 identifies the annual amount of residential development that may be allocated by housing type (affordable and market rate) using the Equivalent Single-Family Unit("ESFU") Factors of City Code Section 108-994; and WHEREAS, BPAS awards are independent of additional approvals that may be required from the Tree Commission, Historic Architectural Review Board, the Planning Board, City Commission and pursuant to the Land Development Regulations; and WHEREAS, for Year 11 (July 1, 2023 -June 30, 2024), a maximum of 212.40 units were available for allocation and a minimum of 75% of those awarded must be affordable; and WHEREAS, on June 20, 2024, the Planning Board conducted a public hearing regarding Page 1 of 5 Resolution No. 2024-26 Chainnan Planning Director 1551 the BPAS rankings and Final Determination of Award for Year 11 applications; and WHEREAS, the Planning Board desires to approve the rankings and make the Final Determination of Award for Year 11. NOW, THEREFORE, BE IT RESOLVED by the Planning Board of the City of Key West, Florida: Section 1. That the above recitals are incorporated by reference as if fully set forth herein. Section 2. The Planning Department, based on the criteria established by the Comprehensive Plan and the Land Development Regulations, recommends to the Planning Board APPROVAL of the final Year 11 BPAS rankings,the award of fifty-three(53)market-rate housing units, and one hundred and fifty-nine (159) affordable-rate housing units with the following conditions: 1. 2709 Staples Avenue submitted for two levels of affordable housing but are only proposing one unit. The applicant has indicated that they are going to be deed restricting the unit to median affordability. 2. 3400 Duck Ave has requested 54 affordable rate units and shall deed restrict thirteen (13) units at median affordable income level and forty-one (41) units at moderate affordable income level as stated in their certification. Section 3. The Planning Board approves the attached rankings and makes its Final Determination and award of fifty-three(53) market-rate housing units, and one hundred and fifty-nine (159) affordable-rate housing units: Page 2 of 5 Resolution No. 2024-26 Chairman Planning Director 1552 Market-Rate: • Fourteen (14) units with 1.00 ESFU to 201 Front Street with 100 points • Four (4) units with 1.00 ESFU to 638 United Street with 87 points • Three (3) units with 1.00 ESFU to 1817 Staples Avenue with 87 points • Four (4) units with 1.00 ESFU to 3228 Flagler Avenue with 87 points • Twenty-Four (24) units with 1.00 ESFU to 1213 14th Street 80 points. • One (1) unit with 1.00 ESFU to 1409 United Street with 45 points. • One (1) unit with 1.00 ESFU to 916 Pohalski Avenue With 25 points. • Two (2) units with 1.00 ESFU to 6450 College Road with 15 points Affordable-Rate: • Fifty-Four (54) units with 1.00 ESFU to 3400 Duck Ave with 105 points • Four (4) units with 1.00 ESFU to 3228 Flagler Avenue with 87 points • Thirteen (13) units with 1.00 ESFU to 3101 North Roosevelt Boulevard with 95 points • Eighty-Four (84) units with 1.00 ESFU to 1213 141h Street 80 points. • One (1) unit with 0.78 ESFU to 2709 Staples Avenue with 55 points. • One (1) unit with 0.78 ESFU to 3504 Duck Avenue with 45 points. • One (1) unit with 1.00 ESFU to 1110 Truman Avenue with 30 points. • One (1) unit with 1.00 ESFU to 920 Virginia Street with 5 points. Section 3. This Resolution shall go into effect immediately upon the beginning of the Page 3 of 5 Resolution No.2024-26 VJ�AChairman Planning Director 1553 appeal period. General Conditions: 1. 2709 Staples Avenue submitted for two levels of affordable housing but are only proposing one unit. The applicant has indicated that they are going to be deed restricting the unit to median affordability. 2. 3400 Duck Ave has requested 54 affordable rate units and shall deed restrict thirteen (13) units at median affordable income level and forty-one (41) units at moderate affordable income level as stated in their certification. Read and passed on second reading at a regularly scheduled meeting held this 20th day of June, 2024. Authenticated by the Chairman of the Planning Board and the Planning Director; J2, Sam. Holland, Planning Board 0 it Date Attest: ---' ?�*-z Katie Hall r , Planning Director D to Filed with the Clerk: Page 4 of 5 Resolution No. 2024-26 Chairman 7 Planning Director 1554 7-1104 Keri O'Arfen, City Clerk Page 5of5 Resolution No. 2024-26 Cbonouo p|uooiogDirecior 1555 THE CITY OF KEY WEST � � ��� w Jn of PLANNING BOARD �� r Staff Report , To: Chair and Planning Board Members From: Ben Gagnon, Planner I Through: Katie P. Halloran, Planning Director Meeting Date: June 20,2024 Agenda Item: Final Determination of Award for Year 11 Building Permit Allocation System (SPAS) Applications pursuant to Sections 108-995 and 108-997 of the Land Development Regulations of the Code of Ordinances of the City of Key West, Florida. Request: Approval of the final rankings of Year 11(July 1,2023—June 30,2024)BPAS applications for award of seventeen (17) market-rate housing units, and sixty-two (62)affordable-rate housing units. Background: The Year 11 BPAS cycle opened on July 1, 2023, and will run through June 30, 2024. Pursuant to Section 108-995 of the Land Development Regulations, after year ten (10), 75 percent of units shall be deed restricted affordable.As of the date of this report,there are 212.40 BPAS allocations available for Year 11. The deadline to submit applications for Year 11 was November 3, 2023, by 3 PM EST.As of that date,the City received nineteen (19) BPAS applications requesting a total of ninety-eight(98) market-rate units and three hundred thirteen (313) affordable units. Two applicants withdrew before the hearing on June 20tn and one applicant modified from two market rate and one affordable rate to three market rate units. After final submittals in April, staff had eight(8) market rate applications requesting ninety-seven (97) units, and eight(8)affordable rate applications requesting two-hundred and seventy-nine (279) units. The applications were evaluated by staff for completeness. Applicants were notified of any deficiencies within their application and were allowed approximately one month to resolve the deficiencies and improve their BPAS score. 1556 The Year 11 Market Rate SPAS applications are summarized in the following table: Year 11 Market 638 916 1409 6450 College 1213 14t" 201 Front 1$17 Staples 3228 Flagler Rate BPAS Road Street Street United Avenue Avenue Pohalski United Applications Street Avenue Street 278+80 Existing/ BPAS Units 0 Recognized 0 from Years 5, 0 0 0 0 0 Units 8 New Market 2 68 14 4 3 4 1 1 Rate Units New Affordable 204 4 Units Total Existing 1 + Proposed 358 (+272 ) 4 (+4 AF Year 11 2 requested)* 14 4 3 requested) 1 BPAS Units Medium Historic Historic Historic Historic Planned Limited Limited High Density Planned Residential Medium Zoning Redevelopmen Residential Redevelopment Office Commercial Commercial Density Density y t District(PRD) (MDR) (HPRD) (HRO) (CL) Residential Residential (HHDR) (HMDR) Maximum 16 16 du/acre Density 8 du/acre 16 du/acre 22 du/acre du/acre 16 du/acre 16 du/acre 22 du/acre (du/acre) Land Area 5,227,200 974,872.80 26,750 13,994 9,867 22,000 1,572.15 3,960 (SF) Land Area 120 22.38 0.61 0.32 0.23 0.51 0.04 0.09 (AC) Maximum Dwelling Units 0*** 358.08* 4 5.12 3.63 8.08 0.79 Allowed' 21 i' 1557 The Year 11 Affordable Rate BPAS applications are summarized in the following table: Affordable Rate Staples 920 Virginia Roosevelt 3504 Duck Truman 3400 Duck BPAS Avenue Street Boulevard Avenue Avenue Avenue Applications Existing/Recognized 81 (Transient+1 Rate Units Total Existing Units Historic Historic Medium Single Medium General Single Neighborhood Density Zoning Family Density Commercial (CG) Family Commercial— Residential-1 (S F) Residential (SF) 1 (HNC-1) (MDR-1) Maximum Density 8 du/acre 16 du/acre 16 du/acre 8 du/acre 16 du/acre 16 du/acre Maximum *Project is requesting units above allowable density and property is currently at maximum density. "Property is using Sec 108'998Compact infi8devek/pnventfbron additional affordable unit. ***Math has been rounded to the hundredth decimal place. However, allfinal density calculations were done to the hundred thousandth decimal place nrmillionths, where applicable. Density is co/cu/otednoton/ybyocnsogeqfx/texo8owob/edu/acne, but also through any restrictions of leases, development plans, or other site restrictions.) Analysis: Staff evaluated,scored,and ranked the final BPAS applications according to the prerequisites and criteria outlined in City Code Section 10D'997(b)and(c). The Planning Department recommends the following conditions be considered by the Planning Board forth* seventeen (17) market rate units and the sixty-two (62)affordable-rate housing units recommended for award: 8| P . 1558 2709 Staples Avenue submitted for two levels of affordable housing but are only proposing one unit. The applicant has indicated that they are going to be deed restricting the unit to median affordability. Prior to a Certificate of occupancy being given to the property,the applicant should resubmit Exhibits C and Dto reflect the changes. 3400 Duck Ave has requested 54 affordable rate units and shall deed restrict thirteen (13) units at median affordable income level and forty-one (41) units atmoderate affordable income level as stated in their certification. Staff has outlined significant concerns with the following projects that would restrict immediate approval of development given conflicts with city code, or prior lease agreements or applicable development plan provisions: 3101 North Roosevelt Boulevard, 1213 14 1h Street, 6450 College Road, and 201 Front Street. Section 108-990 reads, "Nothing in this article shall relieve the owner of property from complying with other applicable sections of the city land development regulations for development on the property"Because of this,staff believes projects with significant regulatory obstacles should first seek to address these constraints and then return in next year's cycle to compete for units. 3101 North Roosevelt Boulevard:The property has non-conforming density of 81 units;the zoning district density for this lot is for 39 units,The project is captured under the city's current Zoning in Progress doctrine and would need to conform with any significant code changes in the workforce affordable housing section.The General Commercial zoning district includes a density bonus up to 40 units an acre, but the market/affordable mix would not be achieved through the ratio currently . requested by the applicant. The market Lo affordable ratio requested by the applicant also would not comply with the City's existing workforce housing ordinance which requires a minimum of 30%deed restriction for all unit redevelopment projects. (Section 122-1467(a). 30%of workforce affordable housing, however the 13 requested units is just more than 50%of the 24 units they need to comply with the 30% rule.The applicant would need City Commission for any waivers to the workforce affordable housing code. Planning Department staff recommend that the Planning Board postpone BPAS allocations for this project at this time. 121314 th Street:The property is already at maximum density of 358 units with the amount of currently recognized units and the addition of 80 previous BPAS allocations.The City's Land Development Regulations do not allow variances on density and in a competitive BPAS cycle conditioning allocations on potential future rezoning inhibits 8PASapp|icabon projects with lower barriers. In addition,the City Legal Department has confirmed this project does not qualify for Live Local Act density bonuses.Thus, the project is not eligible for additional units unless and until they are approved for a zoning change. The property could seek a zoning change this year to High Density Residential (HDR) and if a rezoning is approved,they could apply next year under 22 units per acre allowing up to 492.36 units on site. Planning Department staff recommend that the Planning Board postpone BPAS allocations for this project until such atime as the applicant requests and City Commission approves rezoning. 6450 College Road:the 99 year lease agreement signed between the City of Key West,the property owners, and the tenants stated that the ""Permitted Uses"shall mean a golf course and country club open to the public... and all other uses related or incidental thereto, including without limitation tennis 4| Pa0e ' H~ 1559 courts, handball courts, swimming pools,saunas, and other recreational and health facilities, restaurants, bars(serving both alcoholic and non-alcoholic beverages), rental and management services, sales offices for residential units constructed on the Adjacent Land, centraladvertising and promotion activities, and central switchboard services for residential unit owners, all as determined from time to time by Lessee."Planning Department staff recommend that the Planning Board postpone BPAS allocations for this site until such a time as the applicant requests and City Commission approves a lease amendment to permit residential units on the Golf Course. 2O1 Front Street:the property is under the Truman Annex development agreement approved through Resolution 95-278 and amended for the 12 th time in 1995. Staff believes there are 268 residential units constructed at Truman Annex today. |n199S the 12 th amendment uf the resolution limited the total number of residential units in Truman Annex to 272. While the development agreement had a timeline of five years,the City Legal Department has advised staff that the applicant cannot develop more units without first going back to City Commission.The property does not possess an entitlement to develop units above the allowable 272 at this time,therefore 201 Front Street can only be awarded 4 units at this time, as it is within the amendment agreement and would not surpass 272 residential units. Planning Department staff recommend that the Planning Board postpone any more than four(4) units for BPAS allocations until such a time as the applicant requests and City Commission approves a development agreement amendment to permit additional residential units in Truman Annex. Sec. l07-9. -Truman Annex and Fuel Tank Island. The planned redevelopment and development(PRD)ordinance existing at the time of the Truman Annex development agreement and the development agreement approving Truman Annex and Fuel Tank Island development executed by Resolution No. 86-267, dated December 8, 1986, and as amended shall govern proposed changes, additions and continuing maintenance activities associated with the Truman Annex and Fuel Tank Island as defined in the cited development agreement which isfiled in the office of the city clerk. Below are the resulting scores and final rankings for the Year 11 BPAS.The Planning Department staff's evaluation of each final application is summarized in the score review sheet,which is attached to each application package. Pursuant to City Code Section 108-995,a maximum of 25%of units awarded may be market-rate units for Year 11(July 1,2OZ3—]une3O,2024)of the 8PAScycle. SCENARIO 1: The following allocation breakdown would be based on points only.As mentioned above, some applications involve projects with significant regulatory obstacles. On points alone,the following market rate projects would be awarded: Units ESFU ESFUs Major/Minor Rank Project Awarded/ Factor Requested Renovation Score YEAR 11 MARKET-RATE BPAS APPLICATIONS — RECOMMENDED FOR AWARD 87 Tied 638 United Street 4/4 1.00 4.00 Major 01 5| Page 1560 Avenue Avenue Avenue Total Market 53 *This is the maximum number of market rate units this project can receive to keep the total allocations for year 11at75%affordable and 2S% market rate. On points alone,the following affordable rate projects would be awarded: YEAR 11 AFFORDABLE-RATE BPAS APPLICATIONS—RECOMMENDED FOR AWARD Units ESFU ESFUs Major/Minor Rank Project Awarded/ Factor Requested Renovation Score Requested oulevard Total Affordable 159 1 This breakdown of BPAS allocations would result in a final ratio of affordable to market rate at 75% affordable and 25% market rate in accordance with Section 108-995.With 53 market rate and 159 affordable rate units, a total of 212 units allocated SCENARIO 2: Staff recommends that Planning Board consider Scenario 2 to postpone allocation of units for those projects with existing regulatory obstacles. Market-rate project allocation for Year 11 would exclude those applications depicted below in grey shading: 0| Page 1561 V YEAR 11 MARKET-RATE BPAS APPLICATIONS - RECOMMENDED FOR AWARD Units R ESFU E5FUs Major/Minor Rank Project Awarded/ Score Requested Factor Requested Renovation 1 201 Front Street 4/14 1.00 4.00 Major 100 Tied 638 United Street 4/4 1.00 4.00 Major 87 1817 Staples Major Tied Avenue 3/3 1.00 3.00 87 TiedT3228 Flagler 4/4 1.00 4.00 Major 87 Avenue 3 1 1213 14t"Street 0/68 1.q0 68.00 Major 80 4 1409 United Street 1/1 1.00 1.00 Major 45 5 916 Pohalski 1/1 1.00 Minor 25 Avenue 1.00 6 6450 College Road 0/2 1.00 2.00 Minor 15 TOTAL MARKET: 17 The following affordable projects are recommended for award except for those ranked projects depicted below in grey shading: YEAR 11 AFFORDABLE-RATE BPAS APPLICATIONS-RECOMMENDED FOR AWARD Units Rank Project Awarded/ E5FU ESFUs Major/Minor Score Requested Factor Requested Renovation 1 3400 Duck Avenue 54/54 1.00 54.00 Major 105 2 3101 N Roosevelt Boulevard 0/13 1.00 13.00 Major 95 3 3228 Flagler Avenue 4/4 1.00 4.00 Major 87 4 121310 Street 0/204 1.00 204.00 Major 80 5 2709 Staples Avenue 1/1 0.78 0.78 Major 55 6 3504 Duck Avenue 1/1 0.78 0.78 Major 45 7 1110 Truman Avenue 1/1 1.00 1.00 Minor 30 Tied 920 Virginia Street 1/1 1.00 1.00 Minor 5 Total Affordable 62 7 1562 Recommendation:Scenario 2 recommended BPAS allocations would result in a final ratio of affordable to market rate at 78.48%affordable and 21.52%market rate. With 17 Market rate units and 62 Affordable rate units awarded, a total of 79 units. -- Based nn the criteria established by the Comprehensive Plan and the Land Development Regulations, The Planning Department recommends to the Planning Board APPROVAL ofScenario 2 WITH CONDITIONS forthe final Year 11 BPAS rankings,approving the award of seventeen (17) market-rate housing units,and sixty-two (62)affordable-rate housing units contingent on the following conditions: 1. 2709 Staples Avenue submitted for two levels of affordable housing but are only proposing one unit. The applicant has indicated that they are going to be deed restricting the unit to median affordability. 2. 3400 Duck Ave has requested 54 affordable rate units and shall deed restrict thirteen (13) units at median affordable income level and forty-one (41) units at moderate affordable income level as stated in their certification. 8 | Pagu VIM c� to 0 0 olio b o o 00 'oo to oo 0 /orx o o rod oGo bo, ~I, 0 ! ✓off i ✓did ����� I o a oa. 09 o d ✓o io / � ✓ o v / ��, ye. ✓y �l// �O �u, o �n tr, n. +n w � cs r. c> '^�„y a o� o, y✓ e Jj �' �I wl� ail wl wl���I�rl nl°+�'*�oll wl m�roI ml d �I � I I I x/ d ✓� �Gn /��6 d � n r� �' �. � � cp o o Id /�'G dy✓o ✓Jd� O� 80r I... i 3 ✓P✓ ✓GO d6G /r/J JS y q m_ o O Ic m c —Ho ,,, 41- o <> x a 7 6 m.. / / %O 60� G dy /J/`6 dJ` 'C r, n c> n in ✓ m n ca ci n iR o n m vi o c r� 3 3 O m g o o r. c�c r. 0 ' vG flog ''o y'a ss ar dJ qd sG, "o✓G //J/ °df, I m o o m c o co ry N c a, dyed �l'd .o'o q✓o �66 0 E " y✓� �G �o✓G l//J/ JdJ,', o , � 0 0 o m q � m r > o o ,I, �y o v dy✓ 7J/ �Ol _ I o..._. L " Oy✓ d, J/` dJ, 33 H-H+ a A 8 3 °✓Jy oGd6 Ol Ja ro!4= i m 0 y'd✓ yS�✓N 8 � I v 0 odd � I E 3 °ccpp m rn '-. c. cOwd4 QroNQN m .O Cdxdw Iw v a eT. N 1u ^MMA 0 , � ♦ q kt N d C � wl E q o pp Y[ N to.. 1564 From: Owen Trepanier Sent:Tuesday,June 18,2024 1:44 PM To: Sam Conch House< Cc: KatieP. HaUoran ; Benjamin Gagnon ` DenGu/ido ; KehO'8rien Mary Lou Hoover Rona|dRanoinQh < � LarryErskine � Ai(eenOsbonn Ba�Smith [bhs BeUand � ;Steve Uphoff gp Joe Kellum ; Ken Harding rick Jeff Harding ;Thomas Frands-Sibur8� Subject: [EXTERNAL] BPAS-Applicant Proposal to Avoid Appeal CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content issafe. � (PB Members are 8CC'd to avoid an accidental"reply e//^aunah/noviolation) Dear Planning Board, At( BPAS applicants with 15ptaor more are unified on the following: We sincerely appreciate your commitment to our community and the incredibLe donation of time and resources each of you contribute. As a group,we are in strong disagreement with planning staff's analysis and recommendations, and we collectively propose an alternative path forward in order to avoid a myriad of appeals which vviK delay aUprojects. VVe propose a Modified Scenario 1: 1. 121314 th Street(Island West, aka Stadium Mobile Home Park) agrees to reduce their anticpated allocation by4 market-rate and 3 affordable units. 2. Applicants will be awarded BPASaa depicted in Modified Scenario 1. 3. AR applicants understand that if building permits(and the related discretionary approvals) are not obtained within 2 years of the allocation date,Sec. 108-997(e) reverts those units back tn the city for reallocation. Modified Scenario 1: Rank Project Units Awarded/ ESFU ESFUs Major/Minor Score Requested Factor Requested Renovation Affordable Rank Project UnitsAwarded/ ESFU ESFUs Major/Minor Score Requested Factor Requested Renovation Boulevard *Planning Dept staff report states this applicant"tied^for last place,but there isno other applicant listed. VVomap*otfuUy request your consideration of the above. Thonkyou' Owen Trepanier&A000ciaten,Inc. Land Manners&DoveinpmentConaubantu 1421 First Street Key West,FL3JO4O'3O48 Ph.3U5-283-8983/Fx.305-3S3-874O 1567 THE CITY OF KEY WEST �. PLANNING BOARD . �- Staff Report To: Chair and Planning Board Members From: Ben Gagnon, Planner I Through: Katie P. Halloran, Planning Director Meeting Date: June 20, 2024 Agenda Item: Final Determination of Award for Year 11 Building Permit Allocation System (BPAS) Applications pursuant to Sections 108-995 and 108-997 of the Land Development Regulations of the Code of Ordinances of the City of Key West, Florida. Request: Approval of the final rankings of Year 11(July 1, 2023—June 30,2024)BPAS applications for award of seventeen (17) market-rate housing units, and sixty-two (62) affordable-rate housing units. Background: The Year 11 BPAS cycle opened on July 1, 2023, and will run through June 30, 2024. Pursuant to Section 108-995 of the Land Development Regulations, after year ten (10), 75 percent of units shall be deed restricted affordable. As of the date of this report,there are 212.40 BPAS allocations available for Year 11. The deadline to submit applications for Year 11 was November 3, 2023, by 3 PM EST. As of that date, the City received nineteen (19) BPAS applications requesting a total of ninety-eight(98) market-rate units and three hundred thirteen (313) affordable units. Two applicants withdrew before the hearing on June 201n and one applicant modified from two market rate and one affordable rate to three market rate units. After final submittals in April, staff had eight (8) market rate applications requesting ninety-seven (97) units, and eight(8)affordable rate applications requesting two-hundred and seventy-nine (279) units. The applications were evaluated by staff for completeness. Applicants were notified of any deficiencies within their application and were allowed approximately one month to resolve the deficiencies and improve their BPAS score. 1 If:p : 1568 The Year 11 Market Rate BPAS applications are summarized in the following table: Year 11 Market 638 916 1409 6450 College 1213 14t" 201 Front 1817 Staples 3228 Flagler Rate BPAS Road Street Street Avenue United Avenue Pohalski United Applications Street Avenue Street 278+80 Existing/ BPAS Units 0 Recognized 0 0 0 0 0 0 Units from Years 5, 8 New Market 2 68 14 4 3 4 1 1 Rate Units New Affordable 204 4 Units Total Existing + Proposed 2 358 (+ 272 ) 14 4 3 4 (+4 AF 1 1 Year 11 requested)* requested) BPAS Units Medium Historic Historic Historic Historic Planned Limited Limited High Density Planned Residential Medium Zoning Redevelopmen Residential Redevelopment Office Commercial Commercial Density Density t District(PRD) (CL) (CL) Residential (MDR) (HPRD) (HRO) Residential (HHDR) (HMDR) Maximum Density 8 du/acre 16 du/acre 22 du/acre 16 16 du/acre 16 du/acre 22 du/acre 16 du/acre (du/acre) du/acre Land Area 3,960 (SF) 5,227,200 974,872.80 26,750 13,994 9,867 22,000 1,572.15 Land Area 0.09 (AC) 120 22.38 0.61 0.32 0.23 0.51 0.04 Maximum Dwelling 1.46 Units 0*** 358.08* 4 5.12 3.63 8.08 0.79 Allowed*** 21Il:p 1569 The Year 11 Affordable Rate BPAS applications are summarized in the following table: Year 11 2709 3101 N 1110 Affordable Rate 920 Virginia 3504 Duck 3400 Duck Staples Roosevelt Avenue Truman BPAS Street Avenue Avenue Boulevard Avenue Applications Existing/Recognized 81 (Transient+1 Units 1 0 non-transient 1 1 209 Houseboat) New Affordable 1 (0.78) 1 13 1 (0.78) 1 54 Rate Units Total Existing + Proposed 1.78 1 95 1.78 2 263 Year 11 BPAS Units Historic Single Medium Single Historic Medium General Neighborhood Density Zoning Family Density Commercial (CG) Family Commercial— Residential -1 (SF) Residential (SF) 1 (HNC-1) (HMDR) (MDR-1) Maximum Density 8 du/acre 16 du/acre 16 du/acre 8 du/acre 16 du/acre 16 du/acre (du/acre) Land Area(SF) 9,059 10,027 105,975 6,000 2,583 940,896 Land Area (AC) 0.21 0.23 2.43 0.14 0.06 21.6 Maximum Dwelling Units 1.66 3.68 38.93* 2.2 0.95** 345.6 Allowed *Project is requesting units above allowable density and property is currently at maximum density. **Property is using Sec 108-998 Compact infill development for an additional affordable unit. ***Math has been rounded to the hundredth decimal place. However, all final density calculations were done to the hundred thousandth decimal place or millionths, where applicable. Density is calculated not only by acreage of site x allowable du/acre, but also through any restrictions of leases, development plans, or other site restrictions.) Analysis: Staff evaluated,scored,and ranked the final BPAS applications according to the prerequisites and criteria outlined in City Code Section 108-997(b)and(c). The Planning Department recommends the following conditions be considered by the Planning Board for the seventeen (17) market rate units and the sixty-two (62) affordable-rate housing units recommended for award: 3 : 1570 2709 Staples Avenue submitted for two levels of affordable housing but are only proposing one unit. The applicant has indicated that they are going to be deed restricting the unit to median affordability. Prior to a Certificate of Occupancy being given to the property, the applicant should resubmit Exhibits C and D to reflect the changes. 3400 Duck Ave has requested 54 affordable rate units and shall deed restrict thirteen (13) units at median affordable income level and forty-one (41) units at moderate affordable income level as stated in their certification. Staff has outlined significant concerns with the following projects that would restrict immediate approval of development given conflicts with city code, or prior lease agreements or applicable development plan provisions: 3101 North Roosevelt Boulevard, 1213 141" Street, 6450 College Road, and 201 Front Street. Section 108-990 reads, "Nothing in this article shall relieve the owner of property from complying with other applicable sections of the city land development regulations for development on the property"Because of this,staff believes projects with significant regulatory obstacles should first seek to address these constraints and then return in next year's cycle to compete for units. 3101 North Roosevelt Boulevard:The property has non-conforming density of 81 units; the zoning district density for this lot is for 39 units.The project is captured under the city's current Zoning in Progress doctrine and would need to conform with any significant code changes in the workforce affordable housing section.The General Commercial zoning district includes a density bonus up to 40 units an acre, but the market/affordable mix would not be achieved through the ratio currently requested by the applicant. The market to affordable ratio requested by the applicant also would not comply with the City's existing workforce housing ordinance which requires a minimum of 30% deed restriction for all unit redevelopment projects. (Section 122-1467(a). 30%of workforce affordable housing, however the 13 requested units is just more than 50%of the 24 units they need to comply with the 30% rule.The applicant would need City Commission for any waivers to the workforce affordable housing code. Planning Department staff recommend that the Planning Board postpone BPAS allocations for this project at this time. 1213 14t"Street:The property is already at maximum density of 358 units with the amount of currently recognized units and the addition of 80 previous BPAS allocations.The City's Land Development Regulations do not allow variances on density and in a competitive BPAS cycle conditioning allocations on potential future rezoning inhibits BPAS application projects with lower barriers. In addition, the City Legal Department has confirmed this project does not qualify for Live Local Act density bonuses.Thus, the project is not eligible for additional units unless and until they are approved for a zoning change. The property could seek a zoning change this year to High Density Residential (HDR) and if a rezoning is approved, they could apply next year under 22 units per acre allowing up to 492.36 units on site. Planning Department staff recommend that the Planning Board postpone BPAS allocations for this project until such a time as the applicant requests and City Commission approves a rezoning. 6450 College Road: the 99 year lease agreement signed between the City of Key West, the property owners, and the tenants stated that the ""Permitted Uses"shall mean a golf course and country club open to the public... and all other uses related or incidental thereto, including without limitation tennis 41Il:p 1571 courts, handball courts, swimming pools, saunas, and other recreational and health facilities, restaurants, bars(serving both alcoholic and non-alcoholic beverages), rental and management services, sales offices for residential units constructed on the Adjacent Land, central advertising and promotion activities, and central switchboard services for residential unit owners, all as determined from time to time by Lessee."Planning Department staff recommend that the Planning Board postpone BPAS allocations for this site until such a time as the applicant requests and City Commission approves a lease amendment to permit residential units on the Golf Course. 201 Front Street: the property is under the Truman Annex development agreement approved through Resolution 95-278 and amended for the 121"time in 1995. Staff believes there are 268 residential units constructed at Truman Annex today. In 1995 the 121"amendment of the resolution limited the total number of residential units in Truman Annex to 272. While the development agreement had a timeline of five years,the City Legal Department has advised staff that the applicant cannot develop more units without first going back to City Commission.The property does not possess an entitlement to develop units above the allowable 272 at this time, therefore 201 Front Street can only be awarded 4 units at this time, as it is within the amendment agreement and would not surpass 272 residential units. Planning Department staff recommend that the Planning Board postpone any more than four(4) units for BPAS allocations until such a time as the applicant requests and City Commission approves a development agreement amendment to permit additional residential units in Truman Annex. Sec. 107-9. -Truman Annex and Fuel Tank Island. The planned redevelopment and development(PRD)ordinance existing at the time of the Truman Annex development agreement and the development agreement approving Truman Annex and Fuel Tank Island development executed by Resolution No. 86-267, dated December 8, 1986, and as amended shall govern proposed changes, additions and continuing maintenance activities associated with the Truman Annex and Fuel Tank Island as defined in the cited development agreement which is filed in the office of the city clerk. Below are the resulting scores and final rankings for the Year 11 BPAS.The Planning Department staff's evaluation of each final application is summarized in the score review sheet,which is attached to each application package. Pursuant to City Code Section 108-995,a maximum of 25%of units awarded may be market-rate units for Year 11(July 1, 2023—June 30, 2024)of the BPAS cycle. SCENARIO 1: The following allocation breakdown would be based on points only. As mentioned above, some applications involve projects with significant regulatory obstacles. On points alone,the following market rate projects would be awarded: YEAR 11 MARKET-RATE BPAS APPLICATIONS — RECOMMENDED FOR AWARD Units ESFU ESFUs Major/Minor Awarded Rank Project / Factor Requested Renovation Score Requested 1 201 Front Street 14/14 1.00 4.00 Major 100 Tied 638 United Street 4/4 1.00 4.00 Major 87 51Il:p : 1572 Tied 1817 Staples 3/3 1.00 3.00 Major 87 Avenue Tied 3228 Flagler 4/4 1.00 4.00 Major 87 Avenue 3 1213 14t"Street *28/68 1.00 68.00 Major 80 4 1409 United Street 0/1 1.00 1.00 Major 45 5 916 Pohalski 0/1 1.00 Minor 25 Avenue 1.00 6 6450 College Road 0/2 1.00 2.00 Minor 15 Total Market 53 *This is the maximum number of market rate units this project can receive to keep the total allocations for year 11 at 75% affordable and 25% market rate. On points alone, the following affordable rate projects would be awarded: YEAR 11 AFFORDABLE-RATE BPAS APPLICATIONS—RECOMMENDED FOR AWARD Units ESFU ESFUs Major/Minor Rank Project Awarded/ Score Requested Factor Requested Renovation 1 3400 Duck Avenue 54/54 1.00 54.00 Major 105 2 3101 N Roosevelt Boulevard 13/13 1.00 13.00 Major 95 3 3228 Flagler Avenue 4/4 1.00 4.00 Major 87 4 1213 14t"Street 88/204 1.00 204.00 Major 80 5 2709 Staples Avenue 0/1 0.78 0.78 Major 55 6 3504 Duck Avenue 0/1 0.78 0.78 Major 45 7 1110 Truman Avenue 0/1 1.00 1.00 Minor 30 Tied 920 Virginia Street 0/1 1.00 1.00 Minor 5 Total Affordable 159 This breakdown of BPAS allocations would result in a final ratio of affordable to market rate at 75% affordable and 25% market rate in accordance with Section 108-995. With 53 market rate and 159 affordable rate units, a total of 212 units allocated SCENARIO 2: Staff recommends that Planning Board consider Scenario 2 to postpone allocation of units for those projects with existing regulatory obstacles. Market-rate project allocation for Year 11 would exclude those applications depicted below in grey shading: 61Il:p : 1573 YEAR 11 MARKET-RATE BPAS APPLICATIONS — RECOMMENDED FOR AWARD Units ESFU ESFUs Awarded/ Major/Minor Rank Project Factor Requested Renovation Score Requested Tied 638 United Street 4/4 1.00 4.00 Major 87 Tied 1817 Staples 3/3 1.00 3.00 Major 87 Avenue Tied 3228 Flagler 4/4 1.00 4.00 Major 87 Avenue 4 1409 United Street 1/1 1.00 1.00 Major 45 5 916 Pohalski 1/1 1.00 Minor 25 Avenue 1.00 TOTAL MARKET: 17 The following affordable projects are recommended for award except for those ranked projects depicted below in grey shading: YEAR 11 AFFORDABLE-RATE BPAS APPLICATIONS—RECOMMENDED FOR AWARD Units ESFU ESFUs Major/Minor Rank Project Awarded/ Score Requested Factor Requested Renovation 1 3400 Duck Avenue 54/54 1.00 54.00 Major 105 , (( �,,wr,���I I 3 3228 Flagler Avenue 4/4 1.00 4.00 Major 87 5 2709 Staples Avenue 1/1 0.78 0.78 Major 55 6 3504 Duck Avenue 1/1 0.78 0.78 Major 45 7 1110 Truman Avenue 1/1 1.00 1.00 Minor 30 Tied 920 Virginia Street 1/1 1.00 1.00 Minor 5 Total Affordable 62 7 1574 Scenario 2 recommended BPAS allocations would result in a final ratio of affordable to market rate at 78.48%affordable and 21.52% market rate. With 17 Market rate units and 62 Affordable rate units awarded, a total of 79 units. Recommendation: Based on the criteria established by the Comprehensive Plan and the Land Development Regulations, The Planning Department recommends to the Planning Board APPROVAL of Scenario 2 WITH CONDITIONS for the final Year 11 BPAS rankings,approving the award of seventeen (17) market-rate housing units, and sixty-two (62) affordable-rate housing units contingent on the following conditions: 1. 2709 Staples Avenue submitted for two levels of affordable housing but are only proposing one unit. 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