Item M3 M.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 Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w � Holly Merrill Raschein,District 5
County Commission Meeting
November 17, 2021
Agenda Item Number: M.3
Agenda Item Summary #9377
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 to Extend the Reservation of Sixty (60)
Affordable Housing Allocations Consisting of 27 Low Income and 33 Moderate Income Affordable
Housing Allocations pursuant to Monroe County Code Section 138-24(b)(2) for a 60-unit affordable
employee housing development located on U.S. Hwy 1, South Point Drive and Cypress Road, Tract
"A", Revised Plat of Amended Plat of Sugarloaf Shores Section F, Sugarloaf Key (approximate mile
marker 16.5), currently having Property Identification No. 00166976-011300, until May 17, 2023.
ITEM BACKGROUND:
Lower Keys Community Center Corp. (the Applicant) is requesting an extension of the reservation
for sixty (60) total affordable ROGO allocations consisting of 27 low income and 33 moderate
income affordable housing allocations pursuant to Monroe County Code Section 138-24(b)(2)
through May 17, 2023.
The Applicant is proposing to develop the property with sixty (60) affordable employee housing
units. At a regularly scheduled public meeting held on November 20, 2018, the BOCC adopted
Resolution No. 410-2018, reserving sixty (60) affordable ROGO allocations under Monroe County
Land Development Code Section 138-24(b)(2), consisting of 27 low income and 33 moderate
income category allocations for the proposed affordable employee housing development, to expire if
building permits were not obtained by November 20, 2019. On January 22, 2020, the BOCC adopted
Resolution No. 027-2020 extending the reservation to November 20, 2020. On January 20, 2021, the
BOCC adopted Resolution No. 030-2021 extending the reservation to November 20, 2021.
The Applicant has been awarded Low Income Housing Tax Credit ("LIHTC") financial assistance
from the Florida Housing Finance Corporation ("FHFC") to offset the costs of its proposed 60-unit
development (the "development" or the "Project"), and has been pursuing the development,
including hosting three community meetings to solicit feedback and ideas from property owners in
the Lower Keys, incorporating such ideas into development design, and working with the Florida
Department of Transportation ("FDOT") regarding the feasibility of various traffic and access
modifications.
Packet Pg. 1229
M.3
On December 16, 2020, the Monroe County Planning Commission approved the owner's request for
a major conditional use permit for development of the proposed housing units on the property, via
Planning Commission Resolution Nos. P35-20 and P36-20.
On February 5, 2021, a group of property owners on Sugarloaf Key appealed these approvals to the
State of Florida Division of Administrative Hearings.
On July 22, 2021, Administrative Law Judge Early issued a final order denying the appeal and
affirming the decision of the Planning Commission.
On August 23, 2021 the same group of neighbors appealed the decision of the Division of
Administrative Hearings Judge, Case 21-0494, to the Circuit Court: 202 1-CA-574-K.
Appeal(s) of the Major Conditional Use Permit for the development is still pending its final
outcome.
The subject request is for an eighteen-month extension to the reservation of 27 low income and
33 moderate income affordable housing ROGO allocations. If approved, building permit(s)
must be obtained by May 17, 2023, or the reservation will expire.
The subject property is outlined in blue.Please note,the approved site plan of the conditional use permit
only utilizes the eastern —77% of the property and reserves the remainder for future development. The
portion of the site utilized for housing meets the density requirements under the Comprehensive Plan and
Land Develo ment Code for the site's Future Land Use Ma FLUM)and Zoning designations.
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Relevant land Development Code Section:
Monroe County Code Section 138-24 (b) Reservation ofaffordable housing allocations.
Notwithstanding the provisions of Section 138-26 for awarding of affordable housing allocations,
Packet Pg. 1230
M.3
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 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 ofthe 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:
November 20, 2018 — The BOCC adopted Resolution No. 410-2018, reserving sixty (60) affordable housing
allocations (27 low income and 33 moderate income) through November 20, 2019.
January 22, 2020 — The BOCC adopted Resolution No. 027-2020, extending the reservation of sixty (60)
affordable housing allocations (27 low income and 33 moderate income) through November 20, 2020.
January 20, 2021 — The BOCC adopted Resolution No. 030-2021, extending the reservation of sixty (60)
affordable housing allocations (27 low income and 33 moderate income) through November 20, 2021.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
RESOLUTION - ROGO RESERVATION EXTENSION 60 UNITS
Reso 410-2018 Initial Reservation
Resolution 027-2020 Extension
Resolution 030-2021 Extension
Packet Pg. 1231
M.3
Reso. (Word Version)
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:
REVIEWED BY:
Emily Schemper Completed 11/02/2021 11:47 AM
Assistant County Administrator Christine Hurley Skipped
11/02/2021 11:48 AM
Peter Morris Completed 11/02/2021 4:17 PM
Purchasing Completed 11/02/2021 4:26 PM
Budget and Finance Completed 11/02/2021 4:43 PM
Maria Slavik Completed 11/02/2021 4:48 PM
Liz Yongue Completed 11/02/2021 4:52 PM
Board of County Commissioners Pending 11/17/2021 9:00 AM
Packet Pg. 1232
IICL
2 RESOLUTION NO. -2021 2
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, PROPERTY IDENTIFICATION NUMBER 00166976-
12 011300 UNTIL MAY 17,2023 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 C
16 throughout the state and particularly in the Florida Keys where developable land for housing is extremely y
17 limited and expensive; and
18
19 WHEREAS, the challenge of providing affordable housing opportunities in the Florida Keys is one !i
20 requiring sensible and responsive use of residential unit allocations, including implementation of long-term e®
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 Z
z
26LU
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 0
30
31 WHEREAS, in accordance with Section 138-24(b)(2) of the Monroe County Land DevelopmentLU
e�
32 Code allows the BOCC to authorize reservations for "specific affordable or employee housing projects cn
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 0
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 410-2018,reserving sixty(60) affordable ROGO allocations'under Section 138-24(b)(2) of
39 the Monroe County Land Development Code, consisting of 27 low income and 33 moderate income
40 category allocations for the proposed employee dwelling unit development,to expire if building permits were
41 not obtained by November 20, 2019; and uU)o
42
43 WHEREAS, at a regularly scheduled public meeting held on January 22, 2020, the BOCC adopted
m
44 Resolution No 027-2020, reserving twenty-eight (28) low income category affordable ROGO allocations
I.e.,affordable-employee.
i
Packet Pg. 1233
I under Section 138-24(b)(2) of the Monroe County Land Development Code, for the proposed employee
2 dwelling unit development, to expire if building permits were not obtained by November 20, 2020; and
3 WHEREAS, at a regularly scheduled public meeting held on January 20, 2021, the BOCC adopted CL
4 Resolution No 030-2021, reserving twenty-eight (28) low income category affordable ROGO allocations <C
5 under Section 138-24(b)(2) of the Monroe County Land Development Code, for the proposed employee
6 dwelling unit development, to expire if building permits were not obtained by November 20, 2021; and
7
8 WHEREAS, Lower Keys Community Center Corp. has been awarded Low Income Housing Tax
9 Credit("LIHTC") financial assistance from the Florida Housing Finance Corporation ("FHFC") to offset the
10 costs of its proposed 60-unit development ("Project"); and U)
11 �
12 WHEREAS, as part of the LIHTC application, FHFC required the applicant to have obtained c
13 the necessary ROGOs and for Monroe County to execute a verification that verifies that the applicant has
14 obtained the necessary ROGOs; and
15
16 WHEREAS, Monroe County Code Sec.138-24(b) allows reservation of affordable ROGO allocations 0
17 by the Board for specific housing programs,which includes FHFC,LIHTC and SAIL; and 0
0
18
19 WHEREAS,on December 16,2020,the Monroe County Planning Commission approved the owner's
20 request for a major conditional use permit for development of the proposed housing units on the property,via c
21 Resolutions P35-20 and P36-20; and 0
22
23 WHEREAS, on February 5, 2021, a group of property owners on Sugarloaf Key appealed these
x
24 approvals to the State of Florida Division of Administrative Hearings ("DOAH"); and
25 v)
26 WHEREAS, on July 22, 2021, the DOAH hearing officer presiding over the appeal issued a final
27 order denying the appeal and affirming the decision of the Planning Commission; and
28
29 WHEREAS, on or about August 23, 2021, the same group of neighbors appealed the final order of
30 the DOAH hearing officer to the Circuit Court,where said litigation remains active and ongoing; and
31 w
32 WHEREAS,Lower Keys Community Center Corp.has been pursuing the project but is requesting a
33 eighteen-month extension of the reservation; and LU
34 _
35 WHEREAS, the reservation of affordable housing allocations for the anticipated project, does not
36 exempt the project from applicable requirements for the Monroe County Land Development Regulations, >
37 Building Code and other regulatory requirements; and
38 W
39 WHEREAS, Lower Keys Community Center Corp. shall obtain all required approvals from the
40 Monroe County Planning &Environmental Resources Department for the project; and
41 0
42 WHEREAS, Lower Keys Community Center Corp. shall obtain permits for the affordable housing '
43 dwellingunits b May 17 2023; if the permit(s)s are not issued the allocations will revert to the Count 0
y y p O � Y 0
44
45 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
46 COMMISSIONERS OF MONROE COUNTY,FLORIDA:
47
48 Section 1: The foregoing recitals are true and correct, and are hereby incorporated as if fully set
49 forth herein.
E
50
2
Packet Pg. 1234
I Section 2: The Monroe County Planning Department shall reserve sixty (60) affordable ROGO
2 allocations, consisting of 27 low income and 33 moderate income category allocations,for the Monroe County W
3 project on Tract"A", Revised Plat of Amended Plat of Sugarloaf Shores Section F, Sugarloaf Key until May CL
4 17, 2023.
5
6 Section 3: The developer must obtain the building permits for the affordable/employee housing
7 units on or before May 17, 2023.
8
9 Section 4: The developer shall comply with all Monroe County requirements, all applicable
10 Building Code requirements, and any other oversight agencies. r-
11
12 Section 5: The Planning and Building Department Staff is hereby authorized to process
13 expeditiously permit related applications for the above referenced project when received.
14
15 PASSED AND ADOPTED at a regular meeting of the Board of County Commissioners of
16 Monroe County, Florida, held on the 17th day of November 2021.
17 °
18 Mayor
19 Mayor Pro Tem N
20 Commissioner u
21 Commissioner x
22 Commissioner v)
23
24 BOARD OF COUNTY COMMISSIONERS
25 OF MONROE COUNTY, FLORIDA
26 z
27
28
29 By:
30 Mayor
31 0
32 (SEAL)
33 ATTEST: KEVIN MADOK, CLERK
MONROE COURTYATTORNEY
5 TO ORS
34 By: Data:
35 _
36
3
Packet Pg. 1235
M.3.b
RESOLUTION NO. 410 -2018 0.
A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS APPROVING THE RESERVATION OF SIXTY (60) °®
AFFORDABLE CONSISTING OF 27 LOW INCOME AND 33 MODERATE
INCOME CATEGORY ROGO ALLOCATIONS FOR A PROPOSED
EMPLOYEE DWELLING UNIT ON SUGARLOAF KEY FOR MONROE
COUNTY ON PROPERTY DESCRIBED AS TRACT "A", REVISED PLAT ,
OF AMENDED PLAT OF SUGARLOAF SHORES SECTION F, REAL
ESTATE NUMBER 00166976-011300 UNTIL NOVEMBER 20, 2019 FOR
BUILDING PERMIT ISSUANCE.
0)
WHEREAS, the State of Florida and all local governments in the Florida Keys(each subject to Area
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
WHEREAS, the developers have legitimate needs for some assurance that allocations are in fact and y
will remain available and/or justified for a reasonable time so that follow-through on initial commitments
will in fact be justified;and 76
WHEREAS, in accordance with Section 138-24(b)(2) of the Monroe County Land Development
co
Code allows the •BOCC to authorize reservations for "specific affordable or employee housing r-
CD
projects participating in a federal/state housing financial assistance or tax credit program or receiving some
CD
form of direct financial assistance from the county upon written request from the project sponsor and
approved by resolution of the board ofcounty commissioners,"and o
WHEREAS, Lower Keys Community Center Corp. noticed Monroe County of its intent to apply to
the Florida Housing Finance Corporation ("FHFC") for Low Income Housing Tax Credit ("LIHTC ")
financial assistance to offset the costs of its proposed 60-unit development("Project");and
WHEREAS, as part of the LIHTC application, FHFC requires the applicant to have obtained
the necessary ROGOs and for Monroe County to execute a verification that verifies that the applicant has
obtained the necessary ROGOs;and
WHEREAS, Monroe County Code Sec.138-24(b) allows reservation of affordable ROGO
allocations by the Board for specific housing programs,which includes FHFC,LIHTC and SAIL;and
Packet Pg. 1236
. M.3.b
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, Lower Keys Community Center Corp. shall obtain all required approvals from the
Monroe County Planning&Environmental Resources Department for the project; and o
WHEREAS, Lower Keys Community Center Corp. shall obtain permits for the affordable housing
dwelling units by November 20, 2019; if the permit is not issued, the allocations will revert to the
County.
0
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1: The foregoing recitals are true and correct, and are hereby incorporated as if fully set
forth herein.
0
Section 2: The Monroe County Planning Department shall reservation for sixty (60) affordable o
ROGO allocations, consisting of 27 low income and 33 moderate income category allocations, for the
Monroe County project on Tract "B", Revised Plat of Amended Plat of Sugarloaf Shores Section F,
Sugarloaf Key until November 20,2019.
Section 3: The developer must obtain the building permit for the one (1) affordable/employee o
housing on or before November 20, 2019.
0
Section 4: The developer shall comply with all Monroe County requirements, all applicable
Building Code requirements, and any other oversight agencies.
0
Section 5: The Planning and Building Department Staff is hereby authorized to process
expeditiously permit related applications for the above referenced project when received. y
0
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a
regular meeting held on the 20th day of November, 2018.
0.. -J Mayor: Sylvia Murphy Yes Cv
at: Mayor Pro Tem: Danny L. Kolha a Yes
c� C}- Commissioner: Michelle Coldiron Yes
' Commissioner:Heather Carruthers Yes
Commissioner:David Rice Yes
BOARD OF COUNTY C95FMIS RS OF MONROE COUNTY,
A ,-�'� ,Jx
FLORIDA
Fral C/'tl r';:'4\ �' BY
�t; , Mayag Syl Murphy
MADOK CLERK
. F F E COUNN
DEFY'.::CLERK
T.W L-LI.
ASSISTAfit O li TfORNV
67te - -►I 2
Packet Pg. 1237
. O .
1 '
2 RESOLUTION NO. 027 .2020 0.
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, REAL ESTATE NUMBER 00166976-011300 UNTIL
12 NOVEMBER 20,2020 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
16 housing throughout the state and particularly in the Florida Keys where developable land for housing is
17 extremely 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 .2
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 N
27 WHEREAS,the developers have legitimate needs for some assurance that allocations are in fact and
X
28 will remain available and/or justified for a reasonable time so that follow-through on initial commitments
29 will in fact be justified; and
30
31 WHEREAS, in accordance with Section 138-24(b)(2) of the Monroe County Land Development
32 Code allows the BOCC to authorize reservations for "specific affordable or employee housing
33 projects participating in a federal/state housing financial assistance or tax credit program or receiving some o
34 form of direct financial assistance from the county upon written request from the project sponsor and
35 approved by resolution of the board of county commissioners," and y
36
37 WHEREAS, at a regularly scheduled public meeting held on November 20, 2018, the BOCC
38 adopted Resolution No 410-2018, reserving sixty (60) affordable ROGO allocations under Section 138-
39 24(b)(2) of the Monroe County Land Development Code, consisting of 27 low income and 33 moderate
40 income category allocations for the proposed employee dwelling unit development, to expire if building
41 permits were not obtained by November 20, 2019; and
42
43 WHEREAS, Lower Keys Community Center Corp. has obtained Low Income Housing Tax Credit
44 ("LIHTC") financial assistance from the Florida Housing Finance Corporation ("FHFC") to offset the costs
45 of its proposed 60-unit development('Project");and
46
1
Packet Pg. 1238
I WHEREAS, as part of the LIHTC application, FHFC required the applicant to have obtained
2 the necessary ROGOs and for Monroe County to execute a verification that verifies that the applicant has
3 obtained the necessary ROGOs; and
4
5 WHEREAS, Monroe County Code Sec.138-24(b) allows reservation of affordable ROGO
6 allocations by the Board for specific housing programs, which includes FHFC,LIHTC and SAIL; and
7
8 WHEREAS,Lower Keys Community Center Corp.has been pursuing the project but is requesting a
9 one-year extension of the reservation; and
10
11 WHEREAS, the reservation of affordable housing allocations for the anticipated project, does not
12 exempt the project from applicable requirements for the Monroe County Land Development Regulations, o
13 Building Code and other regulatory requirements; and
14
15 WHEREAS, Lower Keys Community Center Corp. shall obtain all required approvals from the
16 Monroe County Planning&Environmental Resources Department for the project; and
17
18 WHEREAS, Lower Keys Community Center Corp. shall obtain permits for the affordable housing
19 dwelling units by November 20, 2020; if the perinit(s) are not issued, the allocations will revert to the
20 County.
21
22 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
23 COMMISSIONERS OF MONROE COUNTY,FLORIDA:
24
25 Section 1: The foregoing recitals are true and correct,and are hereby incorporated as if fully set o
26 forth herein.
27
28 Section 2: The Monroe County Planning Department shall reserve sixty (60) affordable ROGO
29 allocations, consisting of 27 low income and 33 moderate income category allocations, for the Monroe
30 County project on Tract "A", Revised Plat of Amended Plat of Sugarloaf Shores Section F, Sugarloaf Key 2
31 until November 20,2020.
32
33 Section 3: The developer must obtain the building permits for the affordable/employee housing
34 units on or before November 20, 2020.
35
36 Section 4: The developer shall comply with all Monroe County requirements, all applicable
37 Building Code requirements, and any other oversight agencies.
38
39 Section 5: The Planning and Building Department Staff is hereby authorized to process y
40 expeditiously permit related applications for the above referenced project when received.
41
42 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a
43 regular meeting held on the 22nd day of January, 2020.
44
45 Mayor Heather Carruthers Yes
46 Mayor Pro Tern Michelle Coldiron Yes
47 Commissioner Craig Cates Yes
48 Commissioner David Rice Yes
49 Commissioner Sylvia Murphy Yes
2
Packet Pg. 1239
I v
BOARD OF COUNTY COMMI SIONERS OF MONROE COUNTY,
r
FLORIDA
BY
Mayor rth er uthers
,l=
7 MADOIW.CLERK
L
9 DEPUTY CLERK
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Packet Pg. 1240
M.3.d
1 �
2 RESOLUTION NO. 030 -2021
3 CL
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 o
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 v,
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 o
21 requiring sensible and responsive use of residential dwelling unit allocations, including implementation of
22 long-term preservation mechanisms;and
23
X
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 2
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(b)(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(b)(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
1
Packet Pg. 1241
M.3.d
I 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 U
7
0
8 WHEREAS, as part of the LIHTC application, FHFC required the applicant to have obtained 0.
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 as been pursuing the project but is requesting a y� Y Y Corp.�� P g P ]
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
1)A
�w
27 WHEREAS, Lower Keys Community Center Corp. shall obtain all required approvals from the .2
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; v,
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 y
Al 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
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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 Inte retation.This resolution and its interpretation shall be
6 liberally construed and enforced in favor of Monroe County to effectuate its public purposes)and policy(ies)
7 of the County. The construction and interpretation of this resolution and all Monroe County Comprehensive
8 Plan provisions), Florida Building Code, Florida Statutes, and Monroe County Code(s)provision(s) whose CL
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 Liabili . Monroe County expressly reserves and in no way shall be deemed to CD
15 have waived for itself or for its officers em to ee s or a ent s an sovereign, overnmental and an
( }, P Y ( }� g ( }� Y lam, g Y
16 other similar defense, immunity, exemption, or protection against any suit, cause-of-action, demand, or
17 liability.
18
19 Section$. Severabili .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 unenforeeability 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
C
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
28
X
29 Mayor Michelle Coldiron Yes --
30 Mayor Pro Tern David Rice Yes
31 Commissioner Craig Cates Yes
32 Commissioner Eddie Martinez — PS
33 Commissioner Mike Forster
34
xa
35 7�7
ry
36 1 fro
t4y�, BOARD OF COUNTY COMMISSION & °ry
37 OF MONROE r.:-
[ BY: a l '
1 MAYOR MICHELLE COLDIRON Z a
4
42 ,,a MONROE Co ATrORNEY
43 °�:_ "�., APP To FORM
44 A T: MADO , CLERK
45 TER MORRIS
ASSISTAt QU TrORNEY
46 AS DEPUTY CLERK Date: 115/21
3
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1 urwfa
:.
2 RESOLUTION NO.
3
a�
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, PROPERTY IDENTIFICATION NUMBER 00166976-
12 011300 UNTIL V` {a"=t 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
C7
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 C
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 X
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 .2
29 in fact be justified; and
30 -�
31 WHEREAS, in accordance with Section 138-24(b)(2) of the Monroe County Land Development 0
32 Code allows the BOCC to authorize reservations for "specific affordable or employee housingprojects
33 participating in a federal/state housing financial assistance or tax credit program or receiving some form of 6
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 a
37 WHEREAS, at a regularly scheduled public meeting held on November 20,2018,the BOCC adopted
38 Resolution No 410-2018,reserving sixty(60) affordable ROGO allocations'under Section 138-24(b)(2) of
39 the Monroe County Land Development Code, consisting of 27 low income and 33 moderate income
40 category allocations for the proposed employee dwelling unit development,to expire if building permits were
41 not obtained by November 20, 2019; and
42
43 WHEREAS, at a regularly scheduled public meeting held on January 22, 2020, the BOCC adopted
44 Resolution No 027-2020, reserving twenty-eight (28) low income category affordable ROGO allocations
I.e.,affordable-employee.
i
Packet Pg. 1244
M.3.e
I under Section 138-24(b)(2) of the Monroe County Land Development Code, for the proposed employee
2 dwelling unit development,to expire if building permits were not obtained by November 20, 2020; and
3 WHEREAS, at a regularly scheduled public meeting held on If , u 1 : -, the BOCC adopted
4 Resolution No I: ; , reserving twenty-eight (28) low income category affordable ROGO allocations
5 under Section 138-24(b)(2) of the Monroe County Land Development Code, for the proposed employee
6 dwelling unit development,to expire if building permits were not obtained by ; and
7
8 WHEREAS, Lower Keys Community Center Corp. has been awarded Low Income Housing Tax
9 Credit("LIHTC") financial assistance from the Florida Housing Finance Corporation ("FHFC") to offset the
10 costs of its proposed 60-unit development("Project"); and
CL
11 �
12 WHEREAS, as part of the LIHTC application, FHFC required the applicant to have obtained
13 the necessary ROGOs and for Monroe County to execute a verification that verifies that the applicant has
14 obtained the necessary ROGOs; and
15
16 WHEREAS, Monroe County Code Sec.138-24(b) allows reservation of affordable ROGO allocations
17 by the Board for specific housing programs,which includes FHFC,LIHTC and SAIL; and v�)
18
19 WHEREAS,on December 16,2020,the Monroe County Planning Commission approved the owner's
20 request for a major conditional use permit for development of the proposed housing units on the property,via
21 Resolutions P35-20 and P36-20; and
22
23 "'li1 Inn 1 t5 (
25
26 �t{£ i�1 G 1 7 I" { (�§t �,::�. �7 t 1 >.�� _ 1" '•' .. 17?l? 1 '1 ,t. S4 1=. �
27 Inn
c
1: 1 1 1 1
28
29
30 > 1r `
31 w
32 WHEREAS,Lower Keys Community Center Corp.has been pursuing the project but is requesting a W
33 extension of the reservation; and o
34
35 WHEREAS, the reservation of affordable housing allocations for the anticipated project, does not
36 exempt the project from applicable requirements for the Monroe County Land Development Regulations, 0
37 Building Code and other regulatory requirements; and
38 6
39 WHEREAS, Lower Keys Community Center Corp. shall obtain all required approvals from the
40 Monroe County Planning & Environmental Resources Department for the project; and
41
42 WHEREAS, Lower Keys Community Center Corp. shall obtain permits for the affordable housing E
43 dwelling units by ,", if the permit(s) are not issued, the allocations will revert to the County;
44
45 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
46 COMMISSIONERS OF MONROE COUNTY,FLORIDA:
47
48 Section 1: The foregoing recitals are true and correct, and are hereby incorporated as if fully set
49 forth herein.
50
2
Packet Pg. 1245
M.3.e
I Section 2: The Monroe County Planning Department shall reserve sixty (60) affordable ROGO
2 allocations, consisting of 27 low income and 33 moderate income category allocations,for the Monroe County
3 project on Tract"A", Revised Plat of Amended Plat of Sugarloaf Shores Section F, Sugarloaf Key until h',
4 _. .
5
6 Section 3: The developer must obtain the building permits for the affordable/employee housing
7 units on or before r
8
0
9 Section 4: The developer shall comply with all Monroe County requirements, all applicable CL
10 Building Code requirements, and any other oversight agencies.
11 �
12 Section 5: The Planning and Building Department Staff is hereby authorized to process
13 expeditiously permit related applications for the above referenced project when received.
14
15 PASSED AND ADOPTED at a regular meeting of the Board of County Commissioners of U)
16 Monroe County, Florida, held on the .
17
18 Mayor
19 Mayor Pro Tem
20 Commissioner
21 Commissioner
0
22 Commissioner
W
23
24 BOARD OF COUNTY COMMISSIONERS
25 OF MONROE COUNTY, FLORIDA
26
27
X
28
29 By:
30 Mayor .
31 u
32 (SEAL) -�
0
33 ATTEST: KEVIN MADOK, CLERK 6
34 By:
35
36
3
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