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Item K11 K71 �` County of Monroe �y,4 ' ?, "tr, BOARD OF COUNTY COMMISSIONERS Mayor Michelle Coldiron,District 2 �1 `_ll Mayor Pro Tem David Rice,District 4 -Ile Florida.Keys ��� � � Craig Cates,District 1 Eddie Martinez,District 3 w Mike Forster,District 5 County Commission Meeting February 17, 2021 Agenda Item Number: K.11 Agenda Item Summary #7790 BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2500 n/a AGENDA ITEM WORDING: Approval of a resolution extending the reservation of ten (10) affordable, low income, rate of growth (ROGO) allocations, pursuant to Monroe County Code Section 138-24(b) for a ten-unit affordable housing development located at 31 S. Conch Ave, and 2 N. Conch Ave, Conch Key, having property identification numbers 00385780-000400 and 00385780-000000 (approximate mile marker 63), through October 16, 2022. ITEM BACKGROUND: On January 22, 2020, the BOCC approved Resolution 026-2020 reserving ten (10) affordable, low income ROGO allocations through October 16, 2020, pursuant to Monroe County Code Section 138-24(b), for property owned by Monroe County on Conch Key. The County is requesting a 2-year extension of this reservation. Issuance of building permits would be required by October 16, 2022. Monroe County has purchased the properties at 31 S. Conch Ave, and 2 N. Conch Ave, Conch Key, with property identification numbers 00385780-000400 and 00385780-000000 and is proceeding with plans to combine the properties and develop ten (10) affordable housing units using CDBG-DR program funding. The subject property is outlined in blue. Packet Pg. 2324 K71 "AM id � ,4 ert li NCa jib �` R# flri it ;iNk NCH9I „ AIp fit,, s Eli k u n I 1 J 1 � � lVW \ t �t V`1114 1u 1 P 4F 4 AP, 41 X"F", "J e OWN 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 receiving some form of direct financial assistance from the county upon written request from 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) Speci ac 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 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. Packet Pg. 2325 K71 PREVIOUS RELEVANT BOCC ACTION: February 19, 2020 — BOCC approved Resolution 062-2020 for 15 Market ROGO Exemptions to be moved to the Administrative Pool for Market Rate Allocations. January 22, 2020 — BOCC approved Resolution 26-2020 reserving 10 Affordable Housing Allocations in connection with the property. July 17, 2019 — BOCC approved submittal and application fee for disaster recover grant funding utilizing Community Development Block Grant-Disaster Recovery funding. July 17, 2019 — BOCC approved Ground Lease between Monroe County BOCC and the Monroe County Housing Authority. January 23, 2019 — BOCC approved option contract of property bearing property identification number 00385780.000000. April 19, 2018 — BOCC approved the purchase of property bearing property identification number 00385780.000400 CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Approval DOCUMENTATION: Resolution 026-2020 BOCC Reso 62-2020 Adm Relief pool Resolution Reservation Conch 02.2021 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: Packet Pg. 2326 K71 REVIEWED BY: Emily Schemper Completed 01/28/2021 2:13 PM Assistant County Administrator Christine Hurley Completed 01/28/2021 3:12 PM Peter Morris Completed 02/02/2021 4:41 AM Purchasing Completed 02/02/2021 8:09 AM Budget and Finance Completed 02/02/2021 10:30 AM Maria Slavik Completed 02/02/2021 10:54 AM Liz Yongue Completed 02/02/2021 11:32 AM Board of County Commissioners Pending 02/17/2021 9:00 AM Packet Pg. 2327 K 71.a r 1 RESOLUTION NO. 026 -:2020 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE RESERVATION OF TEN (10) LOW INCOME AFFORDABLE ROGO ALLOCATIONS FOR A PROPOSED AFFORDABLE HOUSING DWELLING UNIT ON CONCH KEY FOR MONROE COUNTY ON PROPERTY DESCRIBED AS PART LOT "14", CONCH KEY SUBDIVISION, CONCH KEY, HAVING REAL ESTATE NUMBER 00385780-000400 AND ALL LOT 13, THE EASTERLY 30 FEET LOT 14, THE EASTERLY 39 FEET OF LOT `30' & ALL LOT 31, CONCH KEY SUBDIVISION, CONCH KEY, HAVING REAL ESTATE NUMBER , 00385780-000000 UNTIL OCTOBER 16,2020. WHEREAS,the State of Florida and all local governments in the Florida Keys (each subject to Area LU 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 WHEREAS, the challenge of providing affordable housing opportunities in the Florida Keys is one requiring sensible and responsive use of residential unit allocations, including implementation of long-term preservation mechanisms;and WHEREAS,due consideration should be given to relevant factors such as the capacity for allocation W recipients to promptly transform allocation awards/reservations into finished and occupied affordable/workforce housing units;and cv WHEREAS,the developers have legitimate needs for some assurance that allocations are in fact and 0 will remain available and/or justified for a reasonable time so that follow-through on initial commitments will in fact be justified; and y 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, Monroe County has three ROGO Exemptions on property with real estate number 00385780-000400 and twelve ROGO Exemptions on property with real estate number 00385780-000000; and WHEREAS, the 15 market rate ROGO Exemptions will be placed in the Administrative Relief pool for ROGO; and WHEREAS, Monroe County shall obtain all required approvals from the Monroe County Planning &Environmental Resources Department for the project; and 1 Packet Pg. 2328 K 71.a WHEREAS, Monroe County shall obtain permits for the affordable housing dwelling units by July 17,2020; 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 Monroe County Planning Department shall reservation for ten (10) affordable ROGO allocations, consisting of ten (10) low income category allocations, for the Monroe County project on Part Lot"14", Conch Key Subdivision, Conch Key, having real estate number 00385780-000400 and all Lot 13, the Easterly 30 feet Lot 14, the Easterly 39 feet of Lot `30' & all Lot 31, Conch Key Subdivision, Conch Key,having real estate number 00385780-000000 until October 16,2020. Section 2: The developer must obtain the building permit for the ten(10)affordable housing on or before October 16,2020. c Section 3: The developer shall comply with all Monroe County requirements, all applicable Building Code requirements,and any other oversight agencies. LU Section 4: The Planning and Building Department Staff is hereby authorized to process c expeditiously permit related applications for the above referenced project when received. Section 5: The Planning Staff will place the 15 market rate ROGO Exemptions in the ROGO Administrative Relief pool. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,Florida at a `D regular meeting held on the 22nd day of January 2020. CD cv C.0 Mayor Heather Carruthers Yes `� Mayor Pro Tem Michelle Coldiron Yes C-) U_ Commissioner Craig Cates Yes c w 1 'T Commissioner David Rice Yes Commissioner Sylvia Murphy Yes C7 cco �. BOARD OF COUNTY COMMIS ONERS OF MONROE COUNTY, CD c FLORIDA BY Mayor H9kther thers f > ST1IVIN MADOK,CLERK psny ciOUMT1t ���t!<�.ypp^•J~ mow.. , W Mgii$ a ATTORNV DEPUTY ERK Date 3 7' 2 Packet Pg. 2329 K.11.b 4 ��f a RESOLUTION NO. 062 -2020 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE MOVEMENT OF A TOTAL OF CL FIFTEEN (15) MARKET RATE ROGO EXEMPTIONS FROM PROPERTY DESCRIBED AS PART LOT "14", CONCH KEY SUBDIVISION, CONCH KEY, HAVING PROPERTY IDENTIFICATION NUMBER 00385780-000400 AND ALL LOT 13, THE EASTERLY 30 FEET LOT 14,THE EASTERLY 39 FEET OF LOT `30' & ALL LOT 31, CONCH KEY SUBDIVISION, CONCH KEY, AND HAVING PROPERTY IDENTIFICATION NUMBER 00385780- 000000, TO THE ADMINISTRATIVE RELIEF POOL FOR MARKET RATE v, ALLOCATIONS. x WHEREAS, Monroe County purchased the property bearing property identification number 00385780-000400 on June 13, 2018 and purchased the property bearing property identification number 2 00385780-000000 on December 26, 2019, both more particularly legally described as per attached Exhibit "A.", incorporated as if fully stated herein;and WHEREAS, Monroe County has three ROGO Exemptions on the property bearing property identification number 00385780-000400 and twelve ROGO Exemptions on the property bearing property identification number 00385780-000000;and WHEREAS, said fifteen (15) market rate ROGO Exemptions are/were not needed for the redevelopment of the site;and m WHEREAS,the BOCC, is moving fifteen(l 5)market rate ROGO Exemptions to the Administrative Relief pool for market rate allocations. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA: cv CD Section 1. Recitals and Legislative Intent.The foregoing recitals and statements of legislative N intent are true and correct and are hereby incorporated as if fully stated herein. 0 Section 2. This Resolution shall become effective upon its adoption by the Monroe County Board of County Commissioners. CJ Section 3. The Monroe County Planning Department shall move the fifteen (15) market rate ROGO Exemptions to the Administrative Relief pool for market rate allocation. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a E regular meeting held on the 10 day of February 2020. Mayor Heather Carruthers Yes Mayor Pro Tern Michelle Coldiron Yes Commissioner Craig Cates Yes Commissioner David P.Rice Yes Commissioner Sylvia Murphy Yes 1 of 2 Packet Pg. 2330 K.11.b BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIPA,BY: A Ak� Mayor He ier C rr ers ¢, MONROE COUNTY ATTORNEY APPRO AS TO FORM CL ATTEST:- KEVIN MADOK,CLERK PETER MORRIS ASSISTAN COUNTY ATTORNEY DEPUTY CLERK Date: 6 C CD o i' c CD f'1 tV O) y CD. C CO O CJ ca CJ 2 of 2 Packet Pg. 2331 Exhibit"A." Parcel Bearing Property Identification No. 00385780-000400: The West 70 feet of Lot 14,CONCH KEY SUBDIVISION,according to the Plat thereof,recorded in Plat Book 2,Page 130,of the Public Records of Monroe County,Florida.Said parcel of land being more particularly described as follows,to wit: At the Point of Beginning commence al a point on the forth Right-of-Way line of South Conch Avenue and a) the Southwest corner of Lot 14, Conch Key Subdivision, aceordhig to the Plat thereof as recorded in Plat Book 2, Page 130, of the Public Records of Monroe County, Florida; thence run in a Northerly direction along the West boundary line of Lol 14 for a distance of 70 feet to the Northwest corner of said Lot 14; thence o O proceed at a right angle along the Northern lot line of Lot 14 for a distance of 70 feet to a point; thence at a right angle and running parallel with the East lot line of Lot 14, run a distance of 70 feet to a point on the South lot line of Lot 14,and on the North Right-of--way line of South Conch Avenue said point being 70 feet from the Point of Beginning;thence at a right angle proceed in a Westerly direction along the South lot line of Lot 14 a distance of 70 feet back to the Point of Beginning. Parcel Bearing Property Identification No. 00385780-000000 Parcel 1: All of Lot 13, the Easterly 30 feet of Lot 14, the Easterly 39 feet of Lot 30 and All of Lot 31 of CONCH KEY, W being a combination of the following two Parcels of Land:A Part of Lots 13 and 30 and All of Lot 31 of CONCH KEY, as recorded in Plat Book 2, Page 130, of the Public Records of Monroe County, Florida, and being more particularly described by metes and bounds as follows: m Commencing at the Northeast corner of Lot 31, said comer to be known as the POINT OF BEGINNING of the Tract of Land hereinafter described, bear North 66"45'West, along the Southerly Right-of-Way line of North Conch Avenue, 131.95 feet;thence bear South 23° 15'West,70 feet; thence bear North 660 45' West, 39 feet;thence bear South 23' 15'West, 70 feet to the Northeasterly Right-of-Way line of South Conch Avenue; thence bear South 66'45'East, 36.82 feet to the Northerly Right-of-Way line of U.S. CD Highway No. 1;thence bear North 69" 05'East, along the Northerly Right-of--Way line of U.S. Highway No. CD 1,190.93 feet; thence in a Northerly direction, 7.48 feet, back to the POINT OF BEGINNING; W AND o A Parcel of Land In a Part of Lots 13 and 14 of CONCH KEY, as recorded in Plat Book 2, Page 130, of the O Public records of Monroe County, Florida, and being more particularly described by metes and bounds as O follows: Commencing at the Southwest comer of Lot 14, bear South 66' 45' East, along the Northerly Right-of-Way line of South Conch Avenue, 70 feet to the POINT OF BEGINNING of the Parcel of Land hereinafter described; from said Point of Beginning, bear North 23' 15' East, 70 feet; thence bear South 669 45' East, 52 feet; thence bear South 23' 15'West, 70 feet to the Northerly Right-of-Way line of South Conch Avenue; thence bear North 66' 45' West, along the Northerly Right-of-Way line of South Conch Avenue, 52 feet, back to the POINT OF BEGINNING. Packet Pg. 2332 K.11.c RESOLUTION NO. -2021 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING RESERVATION EXTENSION OF TEN(10) LOW INCOME AFFORDABLE ROGO ALLOCATIONS FOR A PROPOSED AFFORDABLE HOUSING DWELLING UNIT ON CONCH KEY FOR MONROE COUNTY ON PROPERTY DESCRIBED AS PART LOT "14", CONCH KEY SUBDIVISION, CONCH KEY, HAVING PROPERTY IDENTIFICATION NUMBER 00385780-000400 AND ALL LOT 13, THE EASTERLY 30 FEET LOT 14,THE EASTERLY 39 FEET OF LOT`30' &ALL LOT 31, CONCH KEY SUBDIVISION, CONCH KEY, HAVING PROPERTY IDENTIFICATION NUMBER 00385780-000000 UNTIL OCTOBER 16,2022. LU WHEREAS,the State of Florida and all local governments in the Florida Keys (each subject to Area cu 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 e� WHEREAS, the challenge of providing affordable housing opportunities in the Florida Keys is one requiring sensible and responsive use of residential unit allocations, including implementation of long-term �-- preservation mechanisms; and N cv WHEREAS,due consideration should be given to relevant factors such as the capacity for allocation `V recipients to promptly transform allocation awards/reservations into finished and occupied affordable/workforce housing units; and WHEREAS,the developers have legitimate needs for some assurance that allocations are in fact and 0 will remain available and/or justified for a reasonable time so that follow-through on initial commitments will in fact be justified; and 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, 0 Building Code and other regulatory requirements; and 6 WHEREAS, Monroe County has three ROGO Exemptions on property with real estate number 00385780-000400 and twelve ROGO Exemptions on property with real estate number 00385780-000000; and WHEREAS, pursuant to BOCC Resolutions 26-2020 and 62-2020 the 15 market rate ROGO Exemptions have been placed in the Administrative Relief pool for ROGO; and WHEREAS,Monroe County shall obtain all required approvals from the Monroe County Planning& Environmental Resources Department for the project; and i Packet Pg. 2333 K.11.c WHEREAS, Monroe County shall obtain permits for the affordable housing dwelling units by October 16, 2022;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 Monroe County Planning Department shall reservation for ten (10) affordable 0 ROGO allocations, consisting of ten(10) low income category allocations, for the Monroe County project on a. Part Lot"14", Conch Key Subdivision, Conch Key, having real estate number 00385780-000400 and all Lot 13,the Easterly 30 feet Lot 14,the Easterly 39 feet of Lot `30' &all Lot 31, Conch Key Subdivision, Conch Key,having real estate number 00385780-000000 until October 16, 2022. 0 Section 2: The developer must obtain the building permit for the ten (10) affordable housing on o or before October 16, 2022. x Section 3: The developer shall comply with all Monroe County requirements, all applicable Building Code requirements, and any other oversight agencies. Section 4: The Planning and Building Department Staff is hereby authorized to process expeditiously permit related applications for the above referenced project when received. Section 5: The Planning Staff placed the 15 market rate ROGO Exemptions in the ROGO Administrative Relief pool pursuant to BOCC Resolutions 26-2020 and 62-2020. N N PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a ni regular meeting held on the 17th day of February 2021. Mayor Michelle Coldiron cj Mayor Pro Tem David Rice c Commissioner Craig Cates Commissioner Eddie Martinez Commissioner Mike Forester BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA 0 BY Mayor Michelle Coldiron (SEAL) MONROE CO_ ATTOIRNEY AFR TO FORM ATTEST: KEVIN MADOK, CLERK 'J ASSISTANT COUNTY ATTORNEY Date: 2/2/21 AS DEPUTY CLERK 2 Packet Pg. 2334