Item K01 K.7
y;+ ' "tr, BOARD OF COUNTY COMMISSIONERS
County of Monroe , Mayor Michelle Coldiron,District 2
��
{sJ ` °' 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
July 21, 2021
Agenda Item Number: K.1
Agenda Item Summary #8 1 89
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 for the Reservation of Twenty (20)
Affordable Housing ROGO Allocations in the Moderate Income Category, Pursuant to Monroe
County Code Section 138-24(B)(2), for the Development of Twenty (20) Affordable/Employee
Housing Dwelling Units on Property Located In Section 21, Township 67 South, Range 26 East, Big
Coppitt Key, Approximate Mile Marker 9.5 Gulf-Side, Currently Having Parcel Identification
Numbers 00120940-000000 and 00120940-000301 until July 21, 2022.
ITEM BACKGROUND:
Smith/Hawks, P.L., in its capacity as authorized agent for the current property owner Dickerson
Group, Inc., has requested the reservation of twenty (20) affordable housing ROGO allocations in
the moderate-income category, for the development of twenty (20) affordable-employee housing
units at property located on the gulf-side of Big Coppitt Key, located approximately at mile marker
9.5.
The instant request is pursuant to Land Development Code (LDC) Section 138-24(b)(2), which
allows the Monroe County Board of County Commissioners ("BOCC) to reserve affordable
housing ROGO allocations 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 approved by
resolution of the BOCC. This project is not currently financed through a federal or state housing
financial assistance or tax credit program, but will receive financial assistance from the County
through the anticipated waiver of $17,500 in impact fees at the time of building permit issuance,
pursuant to LDC Section 139-1(a)(4).
Monroe County Code Section 139-1- Affordable and Employee Housing; Administration.
(a)(4) The requirements of this Land Development Code for the provision of impact fees
shall be waived for affordable and employee housing and any market rate housing
developed in accordance with subsection (a)(8) of this section.
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K.1
Dickerson Group Inc. is proposing to develop twenty (20) affordable-employee housing units on the
subject property. A minor conditional use permit(File No. 2020-056) for the proposed development,
as required by LDC Section 130-82, was approved on June 14t', 2021. Building permits for this
project have not been applied for yet. In order to move forward with the proposed development,
Dickerson Group Inc. would be required to obtain all necessary development approvals from
Monroe County and all other applicable agencies. The applicant has requested a reservation of
the affordable ROGOs for one (1) year, which would require all building permits to be issued
by July 21', 2022.
The subject property is outlined in blue below per the parcel boundaries, with the approximate location
of the ro osed dwellin units circled in ellow.
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If a reservation for affordable ROGO allocations is not approved by the BOCC, the applicant can obtain
allocations by submitting building permit applications with full construction drawings for review by the
Building Department, and, once approved, may apply for affordable ROGO allocations through the
County's quarterly allocation process. Quarterly allocations are reviewed and approved by the Planning
Commission.
On May 26t', 2021, the Planning Commission awarded two (2) affordable allocations to ROGO
application number 20103282 and four (4) affordable allocations to ROGO application no. 20102178,
which leaves a balance of twenty-three(23)affordable ROGO allocations available for future awards.
Given the approved minor conditional use permit for the proposed development, Planning &
Environmental Resources Department staff recommend approval of the instant request to reserve
twenty(20)moderate-income affordable ROGO allocations for the subject property.
Relevant land Development Code Section:
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K.1
LDC 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 housinZ projects participatinZ in a federal/state housing
financial assistance or tax credit program or receivin some omeeform o 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) 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:
Agent Authorization
Reso. (AFH ROGO Reservation)
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
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K.1
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: NA
Additional Details:
REVIEWED BY:
Emily Schemper Completed 06/30/2021 12:58 PM
Assistant County Administrator Christine Hurley Completed
06/30/2021 3:58 PM
Peter Morris Completed 06/30/2021 5:00 PM
Purchasing Completed 06/30/2021 5:22 PM
Budget and Finance Completed 06/30/2021 5:28 PM
Maria Slavik Completed 07/01/2021 6:55 PM
Liz Yongue Completed 07/02/2021 12:20 PM
Board of County Commissioners Pending 07/21/2021 9:00 AM
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AGENT AUTHORIZATIoN FoRM
Date of Authorization: 03 125 / 2020
mouth Day ye.,
S M ITH HAWKS, P L /BARTON W.SMITH,ESQ,CHELSEAVkNADIA,ESQ,
Thereby authorize
JM c00NAIJ,,ESQ-&ANTHONY DAVILA,ESc. be listed as authorized agent
(Print Name of Agent)
representing THE DICKERSON GROUP, INC.
--------------- -------------..........-"I.......... ,--1-111111111-11111-1-. .......... ........... for the application submission
(Print Name of Property owncrts)the Applicant(s))
of Request for a Minor Conditional Use Permit
(List the Name and TyW of applications for the—authorization)
0
for the Property described as:(if in metes and bounds,attach legsl description on separatcsheet) U
Government Lot 1, section 21 Township 67 South, Range 26 East Big Coppitt .LM
Lot Block Subdivision Key(Island)
00120940-000000 .2
.............. .......... ............... ......................... m...............n.. .........
Real Estate,(R.E)Number
Alternate Key Number
Vacant Lot, Rockland Key 8
el, (S— —Approximete M-fl e- Mark-e r", 0
State&Zip Code)
Authorized Agent Coontact Information: 0
138 Simonton Street, Key West,lrttailirlg Address(Street,pity,Stag a€a dip��de� �
FL 33040 0
(305)296-7227
BART@SMITHHAWKS.COM
Email Address
This authorization becomes effective on the date this affidavit is notarized and shall remain in effect until terminated by the
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undersigned. This authorization acts as a durable power of attorney only for the purposes stated.The undersigned understands the
0
risks and liabilities involved in the granting of this agency and accepts full responsibility for any and all of the actions of the agent
named herein related to the processing of the services requested, application(s) and/or the acquisition of approvals/permits for the
aforementioned applicant,The applicant(s)hereby indemnities and holds harmless Monroe County,its officers, agents and employees
for any damage to applicant caused by its agent or arising from this agency authorization.
Note:Agents mustprovide a notarized authenizadon from ALL cur meta prope rly owners.
Signature of Property Owner:
E
John F. Joyner, President
Printed Name of Property Owner:
STATE OF bm&—L�M* � COUNTY OF ^04mps-4u",
Sworn to and subscribed before me this 7 day of AA M4,1 2Q_�o
who is personally known to me OR produced
(Print Name of Person Making Statement)
as identification. tl
(I-'ype of ID Produ
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W it :- 0 4 S
-NL s
Si nature of Notary blie Print Type or Stamp Commission me of 0 to
MY commission expires: pA*r,*l se, 2421 U
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K.1.b
1 urwfa
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2 RESOLUTION NO. -2021
3
4 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
5 COMMISSIONERS APPROVING THE RESERVATION OF TWENTY
6 (20) AFFORDABLE ROGO ALLOCATIONS (20 MODERATE-
7 INCOME CATEGORY) FOR PROPOSED EMPLOYEE HOUSING
8 DWELLING UNITS ON PROPERTY OWNED BY DICKERSON ,
9 GROUP INC. LOCATED AT SECTION 21, TOWNSHIP 67 SOUTH,
10 RANGE 26 EAST, BIG COPPITT KEY, CURRENTLY HAVING
11 PROPERTY IDENTIFICATION NUMBERS 00120940-000000 AND
12 00120940-000301, AS REQUESTED BY SMITH/HAWKS, P.L., IN ITS
13 CAPACITY AS AUTHORIZED AGENT FOR THE PROPERTY 0
14 OWNER DICKERSON GROUP INC., UNTIL JULY 21, 2022, FOR
15 BUILDING PERMIT ISSUANCE.
16 0
17 WHEREAS, the State of Florida and all local governments in the Florida Keys (each subject to
18 Area of Critical State Concern mandates relating to housing affordability) recognize the need for
19 affordable housing throughout the state and particularly in the Florida Keys where developable land for
20 housing is extremely limited and expensive; and
21 2
22 WHEREAS, the challenge of providing affordable housing opportunities in the Florida Keys is
23 one requiring sensible and responsive use of residential unit allocations, including implementation of
24 long-term preservation mechanisms; and e�
25 0
C7
26 WHEREAS, due consideration should be given to relevant factors such as the capacity for
27 allocation recipients to promptly transform allocation awards/reservations into finished and occupied s
28 affordable/workforce housing units; and "-
e
29
30 WHEREAS, Section 138-24(b)(2) of the Monroe County Land Development Code allows
31 the BOCC to authorize reservations for "specific affordable or employee housing projects
32 participating in a federal/state housing financial assistance or tax credit program or receiving some form
33 of direct financial assistance from the county upon written request from the project sponsor and approved E
34 by resolution of the Board of County Commissioners"; and
35
36 WHEREAS, the current property owner(s) Dickerson Group Inc., by and through Smith/Hawks,
37 P.L., in its capacity as authorized agent for said current property owner(s), is proposing to develop the
38 property(ies)with twenty (20) affordable-employee housing units; and
39
40 WHEREAS,the reservation of affordable housing allocations for the anticipated project does not
41 exempt the project from applicable requirements for the Monroe County Land Development Regulations,
42 the Florida Building Code, and other regulatory requirements; and
43
i
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I WHEREAS, Dickerson Group Inc. shall obtain all required approvals from the Monroe County
2 Planning and Environmental Resources Department for the project; and
3
4 WHEREAS, Dickerson Group Inc. shall obtain permits for the affordable housing dwelling
5 units by July 21, 2022; if the permit for a reserved ROGO allocation housing unit is not issued by that
6 time,the allocation shall automatically revert to the County;
7
8 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
9 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
10
11 Section 1. The foregoing recitals are true and correct, and are hereby incorporated as if 0
12 fully set forth herein.
13
14 Section 2. The Monroe County Planning and Environmental Resources Department shall
15 reserve twenty (20) affordable ROGO allocations (20 moderate-income category), for the project at c
16 Section 21, Township 67 South, Range 26 East, Big Coppitt Key, on parcels currently having property
17 identification numbers 00120940-000000 and 00120940-000301,until July 21, 2022.
18
19 Section 3. The developer must obtain the building permits for the twenty (20) affordable- 0
20 employee housing units on or before July 21, 2022.
21
22 Section 4. The developer shall comply with all Monroe County regulatory requirements, all 0
23 applicable Florida Building Code requirements, and with any and all requirements of all other regulatory
24 agencies.
25 `-'
26 Section 5. The Planning and Environmental Resources Department and Building
27 Department staffs are hereby authorized to expeditiously process permit-related applications for the
28 above referenced project when received.
29
30 Section 6. Construction and Interpretation. This resolution and its interpretation shall be
31 liberally construed and enforced in favor of Monroe County to effectuate its public purpose(s) and 0
32 policy(ies) of the County. The construction and interpretation of this resolution and all Monroe County
33 Comprehensive Plan provision(s),Florida Building Code,Florida Statutes, and Monroe County Code(s)
34 provision(s)whose interpretation arises out of,relates to, or is interpreted in connection with this t
35 resolution shall be liberally construed and enforced in favor of Monroe County to effectuate its public 6
36 purpose(s) and policy(ies) of the County, and shall be construed in favor of the Monroe County Board of
37 County Commissioners and such construction and interpretation shall be entitled to great weight in
38 adversarial administrative proceedings, at trial,bankruptcy, and on appeal.
39 E
40 Section 7. No Liability.Monroe County expressly reserves and in no way shall be deemed to
41 have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign, governmental, and
42 any other similar defense,immunity, exemption, or protection against any suit, cause-of-action, demand,
43 or liability.
44
45 Section 8. Severability. If any provision of this resolution,or any part or portion thereof, is
46 Held to be invalid or unenforceable by any administrative hearing officer or court of competent
47 jurisdiction,the invalidity or unenforceability of such provision, or any part or portion thereof, shall
48 neither limit nor impair the operation, enforceability, or validity of any other provision of this resolution,
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I or any remaining part(s) or portion(s)thereof. All other provisions of this resolution, and remaining
2 part(s) or portion(s)thereof, shall continue unimpaired in full force and effect.
3
4 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
5 at a regular meeting held on the 21"day of July, 2021.
6
7 Mayor Michelle Coldiron
8 Mayor Pro Tern David Rice
9 Commissioner Craig Cates
10 Commissioner Eddie Martinez
11 Commissioner Mike Forster 0
c
12
13 BOARD OF COUNTY COMMISSIONERS OF MONROE
14 COUNTY, FLORIDA
15
16 BY:
17 Mayor Michelle Coldiron
18
19 (SEAL) ATTORNEY OE O 0
20 P -TO FORM 0
21 ATTEST: KEVIN MADOK, CLERK 'S � w
22 _ _� _.���_ 0
PETER MORRIS
23 AS DEPUTY CLERK ASSISTANT COUNTY AT rORN '
2
Date: 6/30/21
Q
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