Resolution 030-2021 1
2 RESOLUTION NO. 030 -2021
3
4 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
5 COMMISSIONERS APPROVING THE RESERVATION EXTENSION OF
6 SIXTY (60) AFFORDABLE ROGO ALLOCATIONS CONSISTING OF 27
7 LOW INCOME AND 33 MODERATE INCOME CATEGORY
8 ALLOCATIONS FOR A PROPOSED EMPLOYEE DWELLING UNIT
9 DEVELOPMENT ON SUGARLOAF KEY ON PROPERTY DESCRIBED AS
10 TRACT "A", REVISED PLAT OF AMENDED PLAT OF SUGARLOAF
11 SHORES SECTION F, CURRENTLY BEARING PROPERTY
12 IDENTIFICATION NUMBER 00166976-011300, UNTIL NOVEMBER 20,
13 2021,FOR BUILDING PERMIT ISSUANCE.
14
15 WHEREAS,the State of Florida and all local governments in the Florida Keys(each subject to Area
16 of Critical State Concern mandates relating to housing affordability)recognize the need for affordable housing
17 throughout the state and particularly in the Florida Keys where developable land for housing is extremely
18 limited and expensive;and
19
20 WHEREAS, the challenge of providing affordable housing opportunities in the Florida Keys is one
21 requiring sensible and responsive use of residential dwelling unit allocations, including implementation of
22 long-term preservation mechanisms;and
23
24 WHEREAS,due consideration should be given to relevant factors such as the capacity for allocation
25 recipients to promptly transform allocation awards/reservations into finished and occupied
26 affordable/workforce housing units;and
27
28 WHEREAS,the developers have legitimate needs for some assurance that allocations are in fact and
29 will remain available and/or justified for a reasonable time so that follow-through on initial commitments will
30 in fact be justified;and
31
32 WHEREAS, Monroe County Land Development Code ("LDC") Section 138-24(6)(2) allows the
33 Monroe County Board of County Commissioners ('BOCC") to authorize reservations for "specific
34 affordable or employee housing projects participating in a federal/state housing financial assistance or tax
35 credit program or receiving some form of direct financial assistance from the county upon written request from
36 the project sponsor and approved by resolution of BOCC";and
37
38 WHEREAS,at a regularly scheduled public meeting held on November 20,2018,the BOCC adopted
39 Resolution No 410-2018, reserving sixty (60) affordable ROGO allocations under Monroe County Land
40 Development Code Section 138-24(6)(2), consisting of 27 low income and 33 moderate income category
41 allocations for the proposed employee dwelling unit development, to expire if building permits were not
42 obtained by November 20,2019;and
43
44 WHEREAS, at a regularly scheduled public meeting held on January 22, 2020, the BOCC adopted
45 Resolution No 027-2020, reserving twenty-eight (28) low income category affordable ROGO allocations
t
1 under Monroe County Land Development Code Section 138-24(b)(2),for the proposed employee dwelling
2 unit development,to expire if building permits were not obtained by November 20,2020;and
3
4 WHEREAS, Lower Keys Community Center Corp. has been awarded Low Income Housing Tax
5 Credit("LIHTC") financial assistance from the Florida Housing Finance Corporation ("FHFC")to offset the
6 costs of its proposed 60-unit development("Project");and
7
8 WHEREAS, as part of the LIHTC application, FHFC required the applicant to have obtained
9 the necessary ROGOs and for Monroe County to execute a verification that verifies that the applicant has
10 obtained the necessary ROGOs; and
11
12 WHEREAS, Monroe County Land Development Code Sec. 138-24(b) allows reservation of
13 affordable ROGO allocations by the Board for specific housing programs, which includes FHFC, LIHTC
14 and SAIL;and
15
16 WHEREAS,on December 16,2020,the Monroe County Planning Commission approved the owner's
17 request for a major conditional use permit for development of the proposed housing units on the property,via
18 Monroe County Planning Commission Resolutions P35-20 and P36-20; and
19
20 WHEREAS,Lower Keys Community Center Corp.has been pursuing the project but is requesting a
21 one-year extension of the reservation;and
22
23 WHEREAS, the reservation of affordable housing allocations for the anticipated project, does not
24 exempt the project from applicable requirements for the Monroe County Land Development Regulations,
25 Building Code and other regulatory requirements; and
26
27 WHEREAS, Lower Keys Community Center Corp. shall obtain all required approvals from the
28 Monroe County Planning and Environmental Resources Department for the project; and
29
30 WHEREAS, Lower Keys Community Center Corp. shall obtain permits for the affordable housing
31 dwelling units by November 20, 2021; if the permit(s)are not issued, the allocations shall revert to the
32 County;
33
34 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
35 COMMISSIONERS OF MONROE COUNTY,FLORIDA:
36
37 Section 1. The foregoing recitals are true and correct,and are hereby incorporated as if fully set
38 forth herein.
39
40 Section 2. The Monroe County Planning and Environmental Resources Department shall reserve
41 sixty (60) affordable housing ROGO allocations, consisting of 27 low-income and 33 moderate income
42 category allocations,for the project located in Monroe County,more particularly being situated on Tract"A",
43 Revised Plat of Amended Plat of Sugarloaf Shores Section F, Sugarloaf Key, Monroe County, Florida,until
44 November 20,2021.
45
46 Section 3. The developer must obtain the building permit(s)for the affordable/employee housing
47 units on or before November 20,2021.
48
49 Section 4. The developer shall comply with all Monroe County requirements, all applicable
50 Building Code requirements,and any other oversight agencies and their respective regulatory requirements.
51
2
I Section 5. The Planning and Environmental Resources Department and Building Department
2 staffs are hereby authorized to expeditiously process permit related applications for the above referenced
3 project when received.
4
5 Section 6. Construction and Interpretation.This resolution and its interpretation shall be
6 liberally construed and enforced in favor of Monroe County to effectuate its public purpose(s)and policy(ies)
7 of the County. The construction and interpretation of this resolution and all Monroe County Comprehensive
8 Plan provision(s), Florida Building Code, Florida Statutes, and Monroe County Code(s)provision(s) whose
9 interpretation arises out of, relates to, or is interpreted in connection with this resolution shall be liberally
10 construed and enforced in favor of Monroe County to effectuate its public purpose(s) and policy(ies) of the
11 County,and shall be deferred in favor of the BOCC and such construction and interpretation shall be entitled
12 to great weight in adversarial administrative proceedings,at trial,bankruptcy,and on appeal.
13
14 Section 7. No Liability. Monroe County expressly reserves and in no way shall be deemed to
15 have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign, governmental, and any
16 other similar defense, immunity, exemption, or protection against any suit, cause-of-action, demand, or
17 liability.
18
19 Section 8. Severabillty.If any provision of this resolution,or any part or portion thereof;is held
20 to be invalid or unenforceable by any administrative hearing officer or court of competent jurisdiction, the
21 invalidity or unenforceability of such provision, or any part or portion thereof, shall neither limit nor impair
22 the operation,enforceability, or validity of any other provision of this resolution, or any remaining part(s) or
23 portion(s) thereof. All other provisions of this resolution, and remaining part(s) or portion(s) thereof, shall
24 continue unimpaired in full force and effect.
25
26 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
27 Florida, at a regular meeting held on the 20th day of January) 2°2 t .
28
29 Mayor Michelle Coldiron Yes
30 Mayor Pro Tern David Rice Yes
31 Commissioner Craig Cates Yes
32 Commissioner Eddie Martinez 5ss
33
34 Commissioner Mike Forster TPA r •
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36 2°ca e BOARD OF COUNTY COMMISSION$ Q' .,
37 e,, ` � 9.,t OF MONROE • . - . Zr
BY:
MAYOR MICHELLE COLDIRONMilifii 1
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42 ' MONROE CO ATTORNEY
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43 \.' '+ *PP TO FORM
44 AT: MADO , CLERK _—; .-",-
45 { PETER MORRIS
ASSISTANT COUNTY ATTORNEY
46 AS DEPUTY CLERK Date: 1/521
3