Item K03 K.3
County �� � .�� �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Coldiron,District 2
�1 nff `ll Mayor Pro Tem David Rice,District 4
-Ile FlOnda Keys Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
April 21, 2021
Agenda Item Number: K.3
Agenda Item Summary #3074
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 Reserving Twenty-Six (26) Moderate-
Income Affordable Housing ROGO Allocations, pursuant to Monroe County Code Section 138-
24(b)(2), for the Construction of Twenty-Six (26) Affordable Employee Housing Units at 22732
Overseas Hwy., Lots 17 through 26, Block 1, Cudjoe Ocean Shores, Cudjoe Key (Approximate Mile
Marker 23), having Property Identification Numbers 00187050-000000, 00187060-000000,
00187070-000000, 00187080-000000, 00187090-000000, 00187100-000000, 00187110-000000,
00187120-000000, 00187130-000000, and 00187140-000000 until April 21, 2022. The subject
development is pursuing SAIL funding from the Florida Housing Finance Corporation (FHFC).
ITEM BACKGROUND:
Gorman & Company ("Gorman"), as authorized by the current property owners, Gerald Lee &
Denise Michelle Harkins, and Philip HK & Bonnie Basler, is requesting the reservation of twenty-
six (26) moderate income affordable ROGO allocations pursuant to Monroe County Code Section
138-24(b)(2).
The subject t roperty is outlined in blue
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Gorman & Company is proposing to develop twenty-six (26) affordable employee housing units and
is applying to the State of Florida Housing Finance Corporation Request for Applications 42021-208
— for SAIL Financing for the Construction of Workforce Housing.
Gorman & Company has received a Letter of Understanding (LOU) from the Planning and
Environmental Resources Department confirming that the proposed affordable employee housing on
the subject property is a permitted use that meets the density standards for the Suburban Commercial
(SC) zoning district. In order to move forward with the proposed development, Gorman & Company
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) Speci ac affordable or employee housing projects participatin in federal/state housing
financial assistance or tax credit program or receiving some form ofdirect financial assistance from
the county upon written requestsfrom the project sponsor and approved by resolution of the BOCC;
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(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
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:
N/A
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
RESOLUTION - RESERVING 26 MODERATE ROGOS
Cudjoe ROGO Request- 26 Units signed
2021-051 LOU- Gorman employee housing - Cudjoe Ocean Shores
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:
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Insurance Required: NA
Additional Details:
REVIEWED BY:
Emily Schemper Completed 04/05/2021 5:55 PM
Assistant County Administrator Christine Hurley Completed
04/05/2021 6:29 PM
Peter Morris Completed 04/06/2021 12:38 PM
Purchasing Completed 04/06/2021 12:43 PM
Budget and Finance Completed 04/06/2021 12:58 PM
Maria Slavik Completed 04/06/2021 2:03 PM
Liz Yongue Completed 04/06/2021 3:10 PM
Board of County Commissioners Pending 04/21/2021 9:00 AM
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1 ,.
2 RESOLUTION NO. -2021
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4 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
5 COMMISSIONERS APPROVING THE RESERVATION OF TWENTY-
6 SIX (26) MODERATE INCOME CATEGORY AFFORDABLE ROGO ca
7 ALLOCATIONS FOR PROPOSED EMPLOYEE HOUSING
8 DWELLING UNITS ON PROPERTY LOCATED AT 22732 OVERSEAS
9 HIGHWAY, CUDJOE KEY, APPROXIMATE MILE MARKER 23,
CD
10 HAVING PROPERTY IDENTIFICATION NUMBERS 00187050-
11 000000, 00187060-000000, 00187070-000000, 00187080-000000, 00187090-
12 000000, 00187100-000000, 00187110-000000, 00187120-000000, 00187130- U_
13 000000, and 00187140-000000, AS REQUESTED BY GORMAN &
14 COMPANY, AS AUTHORIZED BY THE PROPERTY OWNERS,
15 GERALD LEE & DENISE MICHELLE HARKINS AND PHILIP HK&
16 BONNIE BASLER, UNTIL APRIL 21, 2022 FOR BUILDING PERMIT
17 ISSUANCE. E
18 �?
19
20 WHEREAS,the State of Florida and all local governments in the Florida Keys (each subject 0
21 to Area of Critical State Concern mandates relating to housing affordability) recognize the need for
22 affordable housing throughout the state and particularly in the Florida Keys where developable land
23 for housing is extremely limited and expensive; and
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25 WHEREAS,the challenge of providing affordable housing opportunities in the Florida Keys
26 is one requiring sensible and responsive use of residential unit allocations, including implementation
27 of long-term preservation mechanisms; and
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29 WHEREAS, due consideration should be given to relevant factors such as the capacity for
30 allocation recipients to promptly transform allocation awards/reservations into finished and occupied w
31 affordable/workforce housing units; and
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33 WHEREAS, Section 138-24(b)(2) of the Monroe County Land Development Code allows 0
34 the BOCC to authorize reservations for "specific affordable or employee housing projects
35 participating in a federal/state housing financial assistance or tax credit program or receiving some 0
36 form of direct financial assistance from the county upon written request from the project sponsor LU
37 and approved by resolution of the Board of County Commissioners," and
38
39 WHEREAS, Gorman& Company("Gorman"), as authorized by the current property owners,
40 Gerald Lee & Denise Michelle Harkins, and Philip HK & Bonnie Basler, is proposing to develop
41 the property with twenty-six (26) affordable employee housing units; and
42
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I WHEREAS, Gorman & Company is applying to the State of Florida Housing Finance
2 Corporation Request for Application 2021-208—SAIL Financing for the Construction of Workforce
3 Housing; and
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5 WHEREAS,the reservation of affordable housing allocations for the anticipated project does 0
6 not exempt the project from applicable requirements for the Monroe County Land Development v)
7 Regulations, Building Code and other regulatory requirements; and
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9 WHEREAS, Gorman & Company shall obtain all required approvals from the Monroe
10 County Planning & Environmental Resources Department for the project; and
11 to
12 WHEREAS, Gorman & Company shall obtain permits for the affordable housing dwelling
13 units by April 21, 2022; if the permit for a reserved ROGO allocation housing unit is not issued by c
14 that time, the allocation will revert to the County; i�
15
16 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
17 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
18
19 Section 1. Recitals and Legislative Intent. The foregoing recitals and statements of 0
20 legislative intent are true and correct and are hereby incorporated as if fully set forth herein.
21 E
22 Section 2. The Monroe County Planning & Environmental Resources Department shall c
23 reserve twenty-six (26) moderate income category affordable ROGO allocations, for the project at v)
24 22732 Overseas Highway, Cudjoe Key, having real estate numbers 00187050-000000, 00187060-
C7
25 000000, 00187070-000000, 00187080-000000, 00187090-000000, 00187100-000000, 00187110-
26 000000, 00187120-000000, 00187130-000000, and 00187140-000000 until April 21, 2022.
27
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28 Section 3. The developer must obtain the building permits for the twenty-six (26)
29 affordable/employee housing on or before April 21, 2022. 2
30
31 Section 4. The developer shall comply with all Monroe County requirements, all
32 applicable Building Code requirements, and any other oversight agencies. W
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33
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34 Section 5.Construction and Interpretation. This Resolution,being necessary for the health,
35 safety, and welfare of the residents of and visitors to the County, shall be liberally construed to z
36 effect(uate)the public purpose(s) hereof. Interpretation of this Resolution shall be construed in favor
37 of the Monroe County Board of County Commissioners, and such construction and interpretation
38 shall be entitled to great weight in adversarial administrative proceedings, at trial, in bankruptcy, and W
39 on appeal
40
41 Section 6. The Planning & Environmental Resources Department and Building
42 Department Staff are hereby authorized to process expeditiously permit related applications for the
43 above referenced project when received.
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I PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
2 Florida at a regular meeting held on the 21st day of April, 2021.
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4 Mayor Michelle Coldiron
5 Mayor Pro Tem David Rice
6 Commissioner Craig Cates
7 Commissioner Eddie Martinez
8 Commissioner Mike Forster
9
10 BOARD OF COUNTY COMMISSIONERS OF MONROE
11 COUNTY, FLORIDA ti
12
13 BY:
14 Mayor Michelle Coldiron i�
15 (SEAL)
16 ATTEST: KEVIN MADOK, CLERK s
17 APB TO FOR U-
18 " ., e <
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19 AS DEPUTY CLERK
ASSISTANTPETER MORRIS
Date. 4.6.21
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GORMANREAL ESTATE DEVELOPMENT
200 N. Main Street I Oregon, WI 53575 www.GormanUSA.com MILWAUKEE MIAMI PHOENIX CHICAGO DENVER
March 31", 2021
Monroe County cg
2798 Overseas Highway, Suite 400 y
Marathon, FL 33050
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RE: Request for ROGO Allocations
TO WHOM IT MAY CONCERN: 0
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This letter serves to confirm that Gorman & Company, LLC as applicant to Florida Housing Finance
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Corporation Request for Application 2021-208—SAIL Financing for the Construction of Workforce
Housing, is requesting 26 Moderate Income ROGO Allocations from Monroe County to be placed at
22732 Overseas Highway and 22290 Overseas Highway, Cudjoe Key, FL(Parcel IDs: 187100-000000;
187090-000000; 187110-000000; 187080-000000; 187120-000000; 187070-000000; 187130-000000; y
187060-000000) and 22815 Cudjoe Road, Cudjoe Key, FL(Parcel IDs: 00187140-000000; 000187050-
000000)for the new construction multifamily affordable housing units.
Sincerely,
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Joel Reed �--
Southeast Market President
Gorman & Company, LLC
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County of Monroe
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Planning&Environmental Resources Department f 'y1 Board of County Commissioners:
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Marathon Government Center 1 Mayor Heather Carruthers,District 3
2798 Overseas Highway,Suite 400 lrr��, �vs+� Mayor Pro Tem Michelle Coldiron,District 2
Marathon,FL 33050 � ;�t � '— Craig Cates,District 1
Voice: (305)289-2500 David Rice,District 4
FAX: (305)289-2536 \" Sylvia J.Murphy,District 5
Via email to jre&d gormanusa.com cu
April 5, 2021
Gorman & Company
C/o Joel Reed
200 N. Main Street
Oregon, WI 53575
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Application: Letter of Understanding (File# 2021-051)
Location: 22732 Overseas Highway, Cudjoe Key 2
Parcel IDs: 00187050-000000, 00187060-000000, 00187070-000000, 00187080-000000, 00187090-
000000, 00187100-000000, 00187110-000000, 00187120-000000, 00187130-000000,
00187140-000000.
Pursuant to Section 110-3 of the Monroe County Land Development Code (LDC), this document shall 0
constitute a Letter of Understanding (LOU) following your request for verification that the subject
property meets certain density and land use requirements. A formal Pre-Application Conference with
Planning and Environmental Resources staff was not held, with the consent of the applicant. The purpose
of the Pre-Application Conference is to acquaint the participants with the requirements of the Land
Development Code (LDC), applicable Comprehensive Plan policies and the views and concerns of the
County regarding the proposed development at the subject property.
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Materials presented for review included: E
■ Request for Pre-Application Conference Application
■ Property Record Cards from Monroe County Property Appraiser
■ Description of general concept for project
I. APPLICANT PROPOSAL
The Applicant is proposing to develop site with 26 affordable employee housing residential units. LO
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File 2021-051 Page 1 of 4
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The Application states:
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Subject property is located at lSt M 23 in Cudjoe Key, Fl,- The proposed development is requesting �
confirmation that the number of units, density, and intended use are consistent with current land
regulations and zoning designation of SC, Tier 111. Subject property is approximately 1.90 acres of Upland
located at MM 23 in.Cudjoe;Key, 1-'L. 'rhe proposed development will be for up to 26 Affordable/
Workforce Ilousing Units. Furthermore,we would request the reservation of 26 Affordable Housing �
R.000s for the project. We will be submitting the project to the State of Florida housing Finance
Corporation per RFA 2021-208 due April 23rd. 2021. We have attached copies of the two forms regarding
zoning/ROGOs as well as the local contribution for your review
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I. SUBJECT PROPERTY DESCRIPTION
The subject property is located on US at approximate mile marker 23, on the ocean side, on Cudjoe Key
at the intersection of US 1 and Cutthroat Drive. The property is owned by Philip Basler(eight parcels) and
Gerald and Denise Harkins (two parcels), but is under negotiations for contract for purchase by Gorman
& Company. U-
The subject property consists of ten parcels, with Parcel IDs 00187050-000000, 00187060-000000
00187070-000000, 00187080-000000, 00187090-000000, 00187100-000000, 00187110-000000,
00187120-000000, 00187130-000000, and 00187140-000000.
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The property is described as Lots 17-26, Block 1, Cudjoe Ocean Shores.
A survey was not submitted, but based on Property Appraiser data the parcels contain a total of 0
approximately 84,278 square feet of upland area, or 1.93 acres. All calculations in this LOU are based on v
this figure. At the time of development review for any development order, conditional use permit,building
permit, or other development approval, a current survey indicating the upland area will be required and
calculations are subject to change. a)
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FLUM: Mixed Use/ Commercial (MC)
LUD: Suburban Commercial (SC)
Tier designation: III
Upland Area per Property Appraiser's Data: 1.93 acres (84,278 SF) 0
Buildable Area (SC = 0.20 required open space ratio): 1.54 buildable acres
The subject property appears to be used for outdoor storage and the property record card for Lot 20(Parcel 0.
ID 00187080-000000) indicates one commercial building of 786 square feet of floor area. The lawfulness E
and/or extent of use on the parcels was not verified as part of the this LOU process. Calculations of
maximum density in this letter assume that any market rate residential uses (if any exist)will be removed E
prior to construction of affordable employee housing.
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File 2021-051 Page 2 of 4
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Subject Property with Land Use Districts Overlaid(Aerial dated 2018)
II. REVIEW 0
Intended Use
Pursuant to Section 130-93 of the Land Development Code (LDC), within the Suburban Commercial
(SC) land use district, attached and detached dwellings involving more than 18 units, designated as
employee housing are permitted with a major conditional use permit. The intended use as affordable 0
employee housing is consistent with the site's zoning designation and the current land
development regulations.
Density/Number of Units
Pursuant to Section 130-157, the maximum residential density and land use district open space, shall o
be in accordance with the following table:
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Suburban Commercial(SC)
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(Affordable/Employee Housing)
Gross upland: 1.93 acres 18 1.54 27 units 0.2 16,856 sf
(84,278 SF)
= 1.54 buildable acres
File 2021-051 Page 3 of 4
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The subject property is approximately 1.93 acres; the net buildable area is approximately 1.54
buildable acres. Therefore, the maximum development potential of affordable employee housing
units on the subject property is 27 dwelling units, deed restricted as affordable employee
housing. 0
LDC Section 101-1 defines the following relevant terms:
Dwelling unit means one or more rooms physically arranged for occupancy by one residential household
sharing common living, cooking, and toilet facilities. 0)
Affordable housing.
(1) Affordable housing means residential dwelling units that meet the following requirements:
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a. Meet all applicable requirements of the United States Department of Housing and Urban
Development minimum property standards as to room sizes, fixtures, landscaping and a,
building materials, when not in conflict with applicable laws of the county; and
b. A dwelling unit whose monthly rent, not including utilities, does not exceed 30 percent of
that amount which represents either 50 percent (very low income) or 80 percent (low
income) or 100 percent(median income) or 120 percent(moderate income) of the monthly
median adjusted household income for the county.
Employee housing means an attached or detached dwelling unit that is intended to serve as affordable,
permanent housing for working households, which derive at least 70 percent of their household income 0
from gainful employment in the county and meet the requirements for affordable housing as defined in �--
this section and as per section 139-1.
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Pursuant to LDC Section 110-3(a)(3),you are entitled to rely upon representation made in this LOU. An
LOU shall not provide any vesting to requirements, code and the comprehensive plan. The development
shall be required to be consistent with all regulations and policies at the time of development approval. 0)
The Planning Director acknowledges that all items required as part of the application for development F
approval may not have been addressed at the conference, and consequently reserves the right for additional t�
comment.
You may appeal any decision, determination or interpretation made in this letter pursuant to Monroe 0
County LDC Section 102-185. A notice of appeal in the form prescribed by the Planning Director must 0)
be filed with the County Administrator, 1100 Simonton Street, Gato Building, Key West, Florida 33040,
within 30 calendar days from the date of this letter. Additionally, a copy of the notice of appeal must be 0
filed with the Planning Commission Coordinator,Monroe County Planning and Environmental Resources 0)
Department, 2798 Overseas Highway, Suite 400, Marathon, Florida 33050. M
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We trust that this information is of assistance. If you have any questions regarding the contents of this
letter, or if we may further assist you with your project, please feel free to contact the Department's =)
Marathon office at(305) 289-2500.
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Sincerely yours,
Emily Schemper, AICP, CFM
Senior Director Planning and Environmental Resources
File 2021-051 Page 4 of 4
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