Resolution 029-2021 40,00.
2 RESOLUTION NO. 029 -2021
3
4 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
5 COMMISSIONERS APPROVING THE RESERVATION EXTENSION OF
6 TWENTY-EIGHT (28) AFFORDABLE LOW INCOME CATEGORY ROGO
7 ALLOCATIONS FOR A PROPOSED EMPLOYEE DWELLING UNIT ON
8 SUGARLOAF KEY FOR MONROE COUNTY ON PROPERTY DESCRIBED
9 AS TRACT "B", REVISED PLAT OF AMENDED PLAT OF SUGARLOAF
10 SHORES SECTION F, CURRENTLY BEARING PROPERTY
11 IDENTIFICATION NUMBER 00166976-011400 UNTIL NOVEMBER 20,
12 2021,FOR BUILDING PERMIT ISSUANCE.
13
14 WHEREAS,the State of Florida and all local governments in the Florida Keys(each subject to Area
15 of Critical State Concern mandates relating to housing affordability)recognize the need for affordable housing
16 throughout the state and particularly in the Florida Keys where developable land for housing is extremely
17 limited and expensive; and
18
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
26
27 WHEREAS,the developers have legitimate needs for some assurance that allocations are in fact and
28 will remain available and/or justified for a reasonable time so that follow-through on initial commitments will
29 in fact be justified;and
30
31 WHEREAS, in accordance with Monroe County Land Development Code Section 138-24(b)(2)
32 allows the BOCC to authorize reservations for "specific affordable or employee housing projects
33 participating in a federal/state housing financial assistance or tax credit program or receiving some form of
34 direct financial assistance from the county upon written request from the project sponsor and approved by
35 resolution of the board of county commissioners,";and
36
37 WHEREAS,at a regularly scheduled public meeting held on November 20,2018,the BOCC adopted
38 Resolution No. 411-2018, reserving twenty-eight (28) low income category affordable ROGO allocations
39 under Monroe County Land Development Code Section 138-24(b)(2),for the proposed employee dwelling
40 unit development,to expire if building permits were not obtained by November 20,2019;and
41
42 WHEREAS, at a regularly scheduled public meeting held on January 22, 2020, the BOCC adopted
43 Resolution No. 028-2020, reserving twenty-eight (28) low income category affordable ROGO allocations
44 under Monroe County Land Development Code Section 138-24(6)(2),for the proposed employee dwelling
45 unit development,to expire if building permits were not obtained by November 20,2020;and
46
1
1 WHEREAS, Lower Keys Community Center Corp. has been awarded Low Income Housing Tax
2 Credit("LIHTC") financial assistance fiomthe Florida Housing Finance Corporation ("FHFC")to offset the
3 costs of its proposed 28-unit development("development"or the"Project");and
4
5 WHEREAS, as part of the LIHTC application, FHFC required the applicant to have obtained
6 the necessary ROGOs and for Monroe County to execute a verification that verifies that the applicant has
7 obtained the necessary ROGOs;and
8
9 WHEREAS,Monroe County Code Sec. 138-24(b)allows reservation of affordable ROGO allocations
10 by the Board for specific housing programs,which includes FHFC,LIHTC and SAIL; and
11
12 WHEREAS,on December 16,2020,the Monroe County Planning Commission approved the owner's
13 request for a major conditional use permit for development of the proposed housing units on the property,via
14 Monroe County Planning Commission Resolutions P35-20 and P36-20;and
15
16 WHEREAS,Lower Keys Community Center Corp.has been pursuing the project but is requesting a
17 one-year extension of the reservation; and
18
19 WHEREAS, the reservation of affordable housing allocations for the anticipated project, does not
20 exempt the project from applicable requirements for the Monroe County Land Development Regulations,
21 Building Code and other regulatory requirements;and
22
23 WHEREAS, Lower Keys Community Center Corp. shall obtain all required approvals from the
24 Monroe County Planning&Environmental Resources Department for the project;and
25
26 WHEREAS, Lower Keys Community Center Corp. shall obtain permits for the affordable housing
27 dwelling units by November 20,2021; if the permit(s)are not issued, the allocations shall revert to the
28 County;
29
30 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
31 COMMISSIONERS OF MONROE COUNTY,FLORIDA:
32
33 Section 1. The foregoing recitals are true and correct,and are hereby incorporated as if fully set
34 forth herein.
35
36 Section 2. The Monroe County Planning Department shall reservation for twenty-eight(28)affordable
37 ROGO allocations, consisting of twenty-eight (28) low income category allocations, for the Monroe County
38 project on Tract "B", Revised Plat of Amended Plat of Sugarloaf Shores Section F, Sugarloaf Key until
39 November 20,2021.
40
41 Section 3. The developer must obtain the building permits for the affordable/employee housing
42 units on or before November 20,2021.
43
44 Section 4. The developer shall comply with all Monroe County requirements, all applicable
45 Building Code requirements,and any other oversight agencies and their respective regulatory requirements.
46
47 Section 5. The Planning and Environmental Resources Department and Building Department
48 staffs are hereby authorized to expeditiously process permit related applications for the above referenced
49 project when received.
2
1 Section 6. Construction and Interpretation.This resolution and its interpretation shall be
2 liberally construed and enforced in favor of Monroe County to effectuate its public purpose(s)and policy(ies)
3 of the County. The construction and interpretation of this resolution and all Monroe County Comprehensive
4 Plan provision(s), Florida Building Code, Florida Statutes, and Monroe County Code(s)provision(s) whose
5 interpretation arises out of, relates to, or is interpreted in connection with this resolution shall be liberally
6 construed and enforced in favor of Monroe County to effectuate its public purpose(s) and policy(ies) of the
7 County, and shall be deferred in favor of the BOCC and such construction and interpretation shall be entitled
8 to great weight in adversarial administrative proceedings,at trial,bankruptcy,and on appeal.
9
10 Section 7. No Liability. Monroe County expressly reserves and in no way shall be deemed to
11 have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign, governmental, and any
12 other similar defense, immunity, exemption, or protection against any suit, cause-of-action, demand, or
13 liability.
14
15 Section 8. Severability.If any provision of this resolution,or any part or portion thereof,is held
16 to be invalid or unenforceable by any administrative hearing officer or court of competent jurisdiction, the
17 invalidity or unenforceability of such provision, or any part or portion thereof, shall neither limit nor impair
18 the operation,enforceability,or validity of any other provision of this resolution,or any remaining part(s)or
19 portion(s) thereof. All other provisions of this resolution, and remaining part(s) or portion(s) thereof, shall
20 continue unimpaired in full force and effect.
21
22 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a
23 regular meeting held on the 20th day of January,2021.
24
25 Mayor Michelle Coldiron Yes
26 Q�--� Mayor Pro Tern David Rice Yes
27 „(00 'vZa Commissioner Craig Cates Yes
Commissioner Eddie Martinez Yes
1' Commissioner Mike Forster Yes
F
BOARD OF COUNTY C•fej a IO ERS 1l'e 'OE COUNTY,
FLORIDA '/; � O I�_n
3 /fr Mayor Michelle Coldiron
36 A : I V ADOK„jiLERK MONnOnrrosNe!
37
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