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Item I3 1.3 t, BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Heather Carruthers,District 3 IleOI1da Keys Mayor Pro Tern Michelle Coldiron,District 2 �p.° Craig Cates,District I David Rice,District 4 Sylvia J.Murphy,District 5 County Commission Meeting January 22, 2020 Agenda Item Number: I.3 Agenda Item Summary #6399 BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2506 n/a AGENDA ITEM WORDING: Approval of a resolution to extend the reservation of sixty (60) affordable housing allocations consisting of 27 low income and 33 moderate income Affordable housing allocations pursuant to Monroe County Code Section 138-24(b)(2) for a 60-unit affordable housing development located on U.S. Hwy 1, South Point Drive and Cypress Road, Tract "A", Revised Plat of Amended Plat of Sugarloaf Shores Section F, Sugarloaf Key (approximate mile marker 16.5), having real estate number 00166976-011300, until November 20, 2020. ITEM BACKGROUND: Lower Keys Community Center Corp. (the Applicant) is requesting an extension of the reservation for sixty (60) total affordable ROGO allocations consisting 27 low income and 33 moderate income Affordable housing allocations pursuant to Monroe County Code Section 138-24(b)(2). The Applicant is proposing to develop the property with sixty (60) affordable employee housing units. At a regularly scheduled public meeting held on November 20, 2018, the BOCC adopted Resolution No 410-2018, reserving sixty (60) affordable ROGO allocations under Section 138- 24(b)(2) of the Monroe County Land Development Code, consisting of 27 low income and 33 moderate income category allocations for the proposed employee dwelling unit development, to expire if building permits were not obtained by November 20, 2019. The Applicant has obtained Low Income Housing Tax Credit ("LIHTC") financial assistance from the Florida Housing Finance Corporation ("FHFC") to offset the costs of its proposed 60-unit development ("Project"), and has been pursuing the project, including hosting two community meetings to solicit feedback and ideas from property owners in the Lower Keys, incorporating such ideas into development design, and working with FDOT regarding the feasibility of various traffic and access modifications. They are requesting a one-year extension of the reservation. If building permit(s) are not obtained by November 20, 2020, the reservation will expire. The subject property is outlined in blue. Packet Pg. 1405 1.3 s ' 0 ' I f Lower Keys Community Center received a Letter of Understanding (LOU) confirming that the proposed affordable housing on the subject property is a permitted use that meets the density standards for the Suburban Commercial (SC) zoning district (attached). In order to move forward with the proposed development, Lower Keys Community Center would be required to obtain all necessary development approvals from Monroe County and all applicable agencies. Relevant land Development Code Section: Monroe County Code Section 138-24 (b) Reservation of affordable housing allocations. Notwithstanding the provisions of Section 138-26 for awarding of affordable housing allocations, the BOCC may reserve by resolution some or all of the available affordable housing allocations for award to certain sponsoring agencies or specific housing programs consistent with all other requirements of this chapter. Building permits for these reserved allocations shall be picked up within six months of the effective reservation date, unless otherwise authorized by the BOCC in its resolution. The BOCC may, at its discretion, place conditions on any reservation as it deems appropriate. These reservations may be authorized by the BOCC for: (1) The county housing authority, nonprofit community development organizations, pursuant to Section 139-1(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 receivin s�form of direct financial assistance from the county upon written requestsfrom the project sponsor and approved by resolution of the BOCC; (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 BOCC; (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 BOCC; (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 Packet Pg. 1406 1.3 the BOCC, upon written request from the project sponsor and approved by resolution of the BOCC; or (6) Rental employee housing projects situated on the same parcel of land as the nonresidential workplace for the tenants of these projects, upon written request from the property owner and approved by resolution of the BOCC. PREVIOUS RELEVANT BOCC ACTION: November 20, 2018,the BOCC approved a reservation of sixty(60) affordable housing allocations. CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Approval DOCUMENTATION: RESOLUTION Extension of Reservation 60 allocations Tract A ROGO extension request 410-2018 BOCC Reso 410-2018 Initial Reservation FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: N/A Additional Details: REVIEWED BY: Emily Schemper Completed 01/03/2020 3:54 PM Packet Pg. 1407 1.3 Assistant County Administrator Christine Hurley Completed 01/06/2020 2:34 PM Maureen Proffitt Completed 01/06/2020 2:54 PM Steve Williams Completed 01/06/2020 3:39 PM Budget and Finance Completed 01/06/2020 5:01 PM Maria Slavik Completed 01/07/2020 7:35 AM Kathy Peters Completed 01/07/2020 1:47 PM Board of County Commissioners Pending 01/22/2020 9:00 AM Packet Pg. 1408 1.3.a � n A , 4 � r IL �. 2 RESOLUTION NO. _ -2020 � 3 4 A RESOLUTION OF THE MO OE COUNTY BOARD OF COUNTY 5 COMMISSIONERS APPROVING THE RESERVATION EXTENSION SIO OF 6 SIXTY (60)' AFFORDABLE RCDGO ALLOCATIONS CONSISTING OF 27 � 7 LOW INCOME AND 33 MODERATE INCOME CATEGORY it 8 ALLOCATIONS FOR A PROPOSED C)POSE EMPLOYEE DWELLING UNIT U) DEVELOPMENT ON SUGA LOAF ICES' ON PROPERTY DESCRIBED E AS 10 TRACT' "A", REVISED PLAT OF AMENDED PLAT OF SU A LOAF 11 SHORES SECTION F, REAL ESTATE NUMBER 00166 76-011300 UNTIL 12 NOVEMBER 20,2020 FOR U.IL INN PERMIT ISSUANCE. 13 14 WHEREAS, the State of Florida and all local governments in the Florida.Keys (each subpect to Areaa 1.5 of Critical State Concern mandates relating to housing affordability` recognize the need for affordable .2 16 housing throughout the, state and particularly in the Florida Keys where developable land for housing is � 17 extremely limited and expensive, and X 1.8 19 WHEREAS, the challenge of providing affordable housing opportunities in the Florida Keys is one 20 requiring sensible and responsive use of residential unit allocations, including implementation of long-term � 21 preservation mechanisms; and 22 23 WHEREAS,due consideration Should be given to relevant factors such as the capacity for allocation 24 recipients to promptly transform allocation awards/reservations into finished and occupied 25 affordable/workforce housing units; and 2 26 27 WHEREAS,the developers have legitimate needs for some assurance that allocations are in fact and 28 will rernain available and/or justified for a reasonable time so that follow-through on initial commitments 29 will in fact be justified; and 3 31. WHEREAS, in accordance with Section 138-24(b)(2) of the Monroe County Land Development W 32 Code allows the BOCC to authorize reservations for "specific affordable or employee housing 33 projects participating in as federal/state housing financial assistance or tax credit prograrn or receiving some 34 form of direct financial assistance frorn the county upon written request frorn the project sponsor and 35 approved by resolution of the board of county commissioners," and 36 37 WHEREAS, at a. regularly scheduled public meeting held on November 20, 2018, the BOCC 38 adopted resolution No 410-2018, reserving sixty (601) affordable RC"GO allocations under Section 138- 39 24(b)(2) of the Monroe County Land Development Code, consisting of 2.7 low incorne and 33 moderate 40 income category allocations for the proposed employee dwelling unit development, to expire if building 0 41 permits were not obtained by November 20, 201 ; and 42 43 WHEREAS, Lower Keys Community Center Corp. has obtained. Low Income Housing Tax Credit � 44 ("LIHTC"') financial assistance fi-orn theFlorida Housing Finance Corporation ("FHFC") to offset the costs 45 of its proposed 60-unit development ("Project")„ and � 46 Packet Pg. 1409 1 WHEREAS, as part of the LIHTC application, FHFC required the applicant to have obtained 0' 2 the necessary ROGO�s and for Monroe County to execute a verification that verifies that the applicant has I- (L 3 obtained the necessary ROGGs; and 4 5 WHEREAS, Monroe County Code Sec138-24(b) allows reservation of affordable ROC GO 6 allocations by the Board for specific housing programs, which includes FHFC, LI1JTC and SAIL; and 4- 7 8 WHEREAS,Lower Keys Community Center Corp. has been pursuing the project but is requesting a 9 one-year extension of the reservation; and 10 1.1 WHEREAS, the reservation of affordable housing allocations for the anticipated project, does not 12 exempt the project from applicable requirements for the Monroe County Land Development Regulations, it .13 Building Code and other regulatory requirements; and 0 U) 14 15 WHEREAS, Lower Keys Community Center Corp. shall obtain all required approvals from the 0 16 Monroe County Planning& Environmental Resources Departirient for the project; and (D 0 17 18 WHEREAS, Lower Keys Community Center Corp, shall obtain permits for the affordable housing 4- 19 dwelling units by November 20, 2020; if the permit(s) are not issued, the allocations will revert to the 0 20 County. r_ 21 U) r_ 22 NOW, THEREFORE, BE 11' RESOLVED BY THE BOARD OF COUNTY 2 X 23 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 24 25 Section 1: The foregoing recitals are true and correct, and are hereby incorporated as if fully set 26 forth herein. 27 U) 28 Section 2: The Monroe County Planning Department shall reserve sixty (60) affordable ROGO 29 allocations, consisting of 27 low income and 33 moderate income category allocations, for the Monroe .2 30 County project on Tract "A", Revised Plat of Amended Plat of Sugarloaf Shores Section F, Sugarloaf Key 31 until November 20, 2020. 32 .2 33 Section 3: The developer must obtain the building permits for the affordable/eiriployee housing 34 units on or before November 20, 2020. U) 35 4- 36 Section 4: The developer shall comply with all Monroe County requirements, all applicable 0 37 Building Code requirements, and any other oversight agencies. r_ 38 U)r_ 39 Section 5: The Planning and Building Department Staff is hereby authorized to process X W 40 expeditiously pert-nit related applications for the above referenced project when received, z 0 41 42 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a 43 regular meeting held on the 22nd day of January, 2020. 0 44 W 45 Mayor Heather Carruthers 46 Mayor Pro Tern Michelle Coldiron 0 E 47 Commissioner Craig Cates 48 Commissioner David Rice 49 Commissioner Sylvia Murphy Packet Pg. 1410 1.3.a 2 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA IL 4 BY Mayor Heather Carruthers � (SEAL,) , ? ATTEST: KEVIN MADOK, CLERK cm 9 DEPUTY CLERK 4- 0 ATIT ; n " g rt� U) 4- 0 r- U) (n Packet Pg. 1411 a ro, irt e S i l rMe S t(, A k Y \A/ "Jr 'f, °)97 t r :1-r I o'P i(,a�S 0 U rif�a c' : December 20, 20,19 Emily Schemper Senior Director of Planning and Environmental Resources IL Cheryl Cioffari Assistant Director of Planning Tiffany Stankiewicz Development Administrator 2798 Overseas Highway Marathon, FL 33050 Email: sictein Cia,ffari-Cheryl@i-nonroecoLinty-fl.gov r- .2 Re: ROGO reservation request pursuant to 138-24(b,(2) Lower Keys Co,mmiunity Center Corp A. and BOCC Resolution No. 410-2018 U) 0 a Dear Emily, 0 On November 20, 2018, the BOCC approved a request (Resolution No,.4101-2018)for the allocation of 4- 0 60 ROGO u!niits for this project parcel ID O'016 976-0111300 on Sugarloaf Key, r- U) We have been working diligently on the project and respectfully request a one year extension for,the r- ROGOallocations, We have been: pursuing the project since the units were first allocated but the X process has taken longer than we had initially hoped. The project has been approved for funding under 00 Ir- the Florida Houising Finance Corporation LIHTC assistance program, Our architects and engineers have Q developed several design options, We have held two community meetings to solicit feedback and ideas C14 from property owners in the lower Keys. These discussions aind feedback included varying architectural 12 U) styles, different options for the size, number, and locations of the buildings, the types of amenities to be offered to residents,the appearance andl location of driveways, possibilities of traffic signaling, and Cr 2 types of lighting and landscaping among other concerns, We have incorporated a number of these ideas r- into the plan. We have worked with the Florida Department of Transportation regarding the feasibility .2 U) r- of adding or modifying; turn lames, deceleration lanes, traffic signals and access to the property, 2 X 0 We are hoping to present a development plan in the next couple of months to the Monroe County 0 Development Review Committee. 0 0 W If you need any further information to support this request, please let me know, Regards, E osep Walsh Lower Keys Community Center Corp. Packet Pg. 1412 1.3.c IL RESOLUTION NO. 410 -2018 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY 4- COMMISSIONERS APPROVING THE RESERVATION OF SIXTY (60) AFFORDABLE CONSISTING OF 27 LOW INCOME AND 33 MODERATE INCOME CATEGORY ROGO ALLOCATIONS FOR A PROPOSED EMPLOYEE DWELLING UNIT ON SUGARLOAF KEY FOR MONROE COUNTY ON PROPERTY DESCRIBED AS TRACT "A", REVISED PLAT OF AMENDED PLAT OF SUGARLOAF SHORES SECTION F, REAL ESTATE NUMBER 00166976-011300 UNTIL NOVEMBER 20, 2019 FOR BUILDING PERMIT ISSUANCE. WHEREAS, the State of Florida and all local governments in the Florida Keys(each subject to Area of Critical State Concern mandates relating to housing affordability) recognize the need for affordable housing throughout the state and particularly in the Florida Keys where developable land for housing is extremely limited and expensive; and 0 r- WHEREAS, the challenge of providing affordable housing opportunities in the Florida Keys is one g requiring sensible and responsive use of residential unit allocations, including implementation of long-team preservation mechanisms;and WHEREAS, due consideration should be given to relevant factors such as the capacity for allocation recipients to promptly transform allocation awards/reservations into finished and occupied M affordable/workforce housing units;and U) WHEREAS, the developers have legitimate needs for some assurance that allocations are in fact and will remain available and/or justified for a reasonable time so that follow-through on initial commitments will in fact be justified;and 00 WHEREAS, in accordance with Section 138-24(b)(2) of the Monroe County Land Development Code allows the •BOCC to authorize reservations for "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 0 approved by resolution of the board ofcounty commissioners,"and WHEREAS, Lower Keys Community Center Corp. noticed Monroe County of its intent to apply to the Florida Housing Finance Corporation ("FHFC") for Low Income Housing Tax Credit ("LIHTC ") financial assistance to offset the costs of its proposed 60-unit development("Project");and WHEREAS, as part of the LIHTC application, FHFC requires the applicant to have obtained the necessary ROGOs and for Monroe County to execute a verification that verifies that the applicant has obtained the necessary ROGOs;and WHEREAS, Monroe County Code Sec.138-24(b) allows reservation of affordable ROGO allocations by the Board for specific housing programs,which includes FHFC,LIHTC and SAIL;and Packet Pg. 1413 1.3.c WHEREAS, the reservation of affordable housing allocations for the anticipated project, does not exempt the project from applicable requirements for the Monroe County Land Development Regulations, Building Code and other regulatory requirements; and WHEREAS, Lower Keys Community Center Corp. shall obtain all required approvals from the Monroe County Planning&Environmental Resources Department for the project; and WHEREAS, Lower Keys Community Center Corp. shall obtain permits for the affordable housing dwelling units by November 20, 2019; if the permit is not issued, the allocations will revert to the County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1: The foregoing recitals are true and correct, and are hereby incorporated as if fully set forth herein. Section 2: The Monroe County Planning Department shall reservation for sixty (60) affordable ROGO allocations, consisting of 27 low income and 33 moderate income category allocations, for the Monroe County project on Tract "B", Revised Plat of Amended Plat of Sugarloaf Shores Section F, Sugarloaf Key until November 20,2019. 0 r- Section 3: The developer must obtain the building permit for the one (1) affordable/employee U) housing on or before November 20, 2019. x Section 4: The developer shall comply with all Monroe County requirements, all applicable Building Code requirements, and any other oversight agencies. Section 5: The Planning and Building Department Staff is hereby authorized to process expeditiously permit related applications for the above referenced project when received. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a 00 regular meeting held on the 20th day of November, 2018. . cv 0:.•. —J Mayor: Sylvia Murphy Yes at: h= Mayor Ma Pro Tem: Dann L. Kolha a Yes p,. .o Y g C..)}-- Commissioner: Michelle Coldiron Yes Commissioner:Heather Carruthers '.Yes Commissioner:David Rice Yes co � 4 'M BOARD OF COUNTY C IS RS OF MONROE COUNTY, FLORIDA BY Mayag Syl Murphy MADOK CLERK F'k— MONROE COUIM RN�e'T A LP "f CLERK 'CWT.W L-LIAMS ASSISThi'dt�JOPJMxY TfORNU� ante I► 2 Packet Pg. 1414