Item M2 M.2
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.2
Agenda Item Summary #9876
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 Twenty-
Eight (28) Low-Income Category Affordable Housing ROGO Allocations Pursuant to Monroe
County Code Section 138-24(b)(2) for a 28-Unit Affordable-Employee Housing Development
Located on U.S. Highway 1, South Point Drive and Cypress Road, Tract "B", Revised Plat of
Amended Plat of Sugarloaf Shores Section F, Sugarloaf Key (Approximate Mile Marker 16.5),
Currently Having Property Identification Number(PIN) 00166976-011400, until May 17, 2023.
ITEM BACKGROUND:
Lower Keys Community Center Corp. (the Applicant) is requesting an extension of the reservation
for twenty-eight (28) low-income category affordable(-employee) ROGO allocations pursuant to
Monroe County Land Development Code (LDC) Section 138-24(b)(2)through May 17, 2023.
Lower Keys Community Center Corp. is proposing to develop the property with twenty-eight (28)
affordable-employee housing units. At a regularly scheduled public meeting held on November 20,
2018, the Monroe County Board of County Commissioners ("BOCC or"Monroe County") adopted
Resolution No. 411-2018, reserving twenty-eight (28) low-income category affordable ROGO
allocations pursuant to Section 138-24(b)(2) of the Monroe County Land Development Code, 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. 028-2020,
extending the reservation to November 20, 2020. On January 20, 2021, the BOCC approved Resolution
No. 029-2021 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 twenty-
eight (28) unit development (project), and has been pursuing the project, 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.
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
Packet Pg. 1211
M.2
Resolutions P35-20 and P36-20.
On or about February 5, 2021, a group of property owners on Sugarloaf Key appealed these
approvals to the State of Florida Division of Administrative Hearings ("DOAH").
On July 22, 2021, the DOAH hearing officer presiding over the appeal issued a final order denying
the appeal and affirming the decision of the Planning Commission.
On or about August 23, 2021, the same group of neighbors appealed the final order of the DOAH
hearing officer to the Circuit Court, where said litigation remains active and ongoing.
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 twenty-eight (28)
low-income category affordable(-employee) 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 below in blue.Please note that 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 still meets the density requirements under the
Comprehensive Plan and Land Development Code for the site's Land Use District (Zoning) and Future
Land Use Ma (FLUM desi ations
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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,
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
Packet Pg. 1212
M.2
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:
November 20, 2018, the BOCC approved Resolution No. 411-2018 for the reservation of twenty-
eight(28) affordable housing allocations.
January 22, 2020, the BOCC approved Resolution No. 028-2020 for the reservation of twenty-eight
(28) affordable housing allocations.
January 20, 2021, the BOCC approved Resolution No. 029-2021 for the reservation of twenty-eight
(28) affordable housing allocations through November 20, 2021.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
RESOLUTION - ROGO RESERVATION 28 UNITS EXTENSION
Reso 411-2018 Initial Reservation
Reso 028-2020 Extension
Reso 029-2021 Extension
Resolution (Word Version)
FINANCIAL IMPACT:
Packet Pg. 1213
M.2
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
Peter Morris Completed 11/02/2021 4:12 PM
Assistant County Administrator Christine Hurley Skipped
11/02/2021 4:05 PM
Purchasing Completed 11/02/2021 4:27 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 4:51 PM
Board of County Commissioners Pending 11/17/2021 9:00 AM
Packet Pg. 1214
II
CL
2 RESOLUTION NO. -2021 2
3
4 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
5 COMMISSIONERS APPROVING THE RESERVATION EXTENSION OF
6 TWENTY-EIGHT (28) AFFORDABLE' LOW INCOME CATEGORY ROGO
7 ALLOCATIONS FOR AN AFFORDABLE-EMPLOYEE HOUSING
8 DWELLING UNIT DEVELOPMENT ON SUGARLOAF KEY, MONROE
9 COUNTY,ON PROPERTY DESCRIBED AS TRACT`B",REVISED PLAT OF
10 AMENDED PLAT OF SUGARLOAF SHORES SECTION F, PROPERTY
11 IDENTIFICATION NUMBER 00166976-011400 UNTIL MAY 17, 2023 FOR
12 BUILDING PERMIT ISSUANCE.
13 co
C14
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 w
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 Z
21 preservation mechanisms; and z
22 uJ
23 WHEREAS,due consideration should be given to relevant factors such as the capacity for allocation LU
24 recipients to promptly transform allocation awards/reservations into finished and occupied
25 affordable/workforce housing units; and
26
27 WHEREAS,the developers have legitimate needs for some assurance that allocations are in fact and N
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 411-2018, reserving twenty-eight (28) low income category affordable ROGO allocations
39 under Section 138-24(b)(2) of the Monroe County Land Development Code, for the proposed employee
40 dwelling unit development, to expire if building permits were not obtained by November 20, 2019; and
41 w
42 WHEREAS, at a regularly scheduled public meeting held on January 22, 2020, the BOCC adopted
43 Resolution No. 028-2020, reserving twenty-eight (28) low income category affordable ROGO allocations
m
I.e., affordable-employee housing.
i
Packet Pg. 1215
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 CL
4 WHEREAS, at a regularly scheduled public meeting held on January 20, 2021, the BOCC adopted
5 Resolution No. 029-2021, reserving twenty-eight (28) low income category affordable ROGO allocations
6 under Section 138-24(b)(2) of the Monroe County Land Development Code, for the proposed employee
7 dwelling unit development, to expire if building permits were not obtained by November 20, 2021; and o
8
9 WHEREAS, Lower Keys Community Center Corp. has been awarded Low Income Housing Tax
10 Credit("LIHTC") financial assistance from the Florida Housing Finance Corporation ("FHFC") to offset the
11 costs of its proposed 28-unit development ("Project"); and
12 2
13 WHEREAS, as part of the LIHTC application, FHFC required the applicant to have obtained
14 the necessary ROGOs and for Monroe County to execute a verification that verifies that the applicant has
15 obtained the necessary ROGOs; and
16 0
17 WHEREAS, Monroe County Code Sec.138-24(b) allows reservation of affordable ROGO allocations
18 by the Board for specific housing programs,which includes FHFC,LIHTC and SAIL; and W
co
19
20 WHEREAS,on December 16,2020,the Monroe County Planning Commission approved the owner's 0
21 request for a major conditional use permit for development of the proposed housing units on the property,via c
22 Resolutions P35-20 and P36-20; and
23
24 WHEREAS, on February 5, 2021, a group of property owners on Sugarloaf Key appealed these
25 approvals to the State of Florida Division of Administrative Hearings ("DOAH"); and
26 v)
27 WHEREAS, on July 22, 2021, the DOAH hearing officer presiding over the appeal issued a final
28 order denying the appeal and affirming the decision of the Planning Commission; and
29 w
30 WHEREAS, on or about August 23, 2021, the same group of neighbors appealed the final order of
31 the DOAH hearing officer to the Circuit Court,where said litigation remains active and ongoing; and
32 co
33 WHEREAS,Lower Keys Community Center Corp.has been pursuing the project but is requesting a N
34 eighteen month extension of the reservation; and _
35
36 WHEREAS, the reservation of affordable housing allocations for the anticipated project, does not
37 exempt the project from applicable requirements for the Monroe County Land Development Regulations,
38 Building Code and other regulatory requirements; and
39
40 WHEREAS, Lower Keys Community Center Corp. shall obtain all required approvals from the
41 Monroe County Planning &Environmental Resources Department for the project; and 0
42
43 WHEREAS, Lower Keys Community Center Corp. shall obtain permits for the affordable housing _
44 dwelling units by May 17, 2023; if the permit(s) are not issued, the allocations will revert to the County;
45
46 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
47 COMMISSIONERS OF MONROE COUNTY,FLORIDA:
48
49 Section 1: The foregoing recitals are true and correct, and are hereby incorporated as if fully set
50 forth herein.
51
e(
2
Packet Pg. 1216
I Section 2: The Monroe County Planning Department shall reservation for twenty-eight (28)
2 affordable ROGO allocations,consisting of twenty-eight(28)low income category allocations,for the Monroe
3 County project on Tract`B",Revised Plat of Amended Plat of Sugarloaf Shores Section F, Sugarloaf Key until CL
4 May 17, 2023. T
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. co
17 4-
18 Mayor
19 Mayor Pro Tem N
20 Commissioner u
21 Commissioner x
22 Commissioner z
23
24 BOARD OF COUNTY COMMISSIONERS
25 OF MONROE COUNTY, FLORIDA
26 W
27
28
29 By: co
N
30 Mayor
31 0
e(
32 (SEAL)
LU
33 ATTEST: KEVIN MADOK, CLERK MONROE COLJNTY A'TTORNEY
l C�
34 By: Date..
35
3
Packet Pg. 1217
M.2.b
1 L
2 RESOLUTION NO. 411 -2018
3
4 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY 2
5 COMMISSIONERS APPROVING THE RESERVATION OF TWENTY-
6 EIGHT (28) AFFORDABLE LOW INCOME CATEGORY ROGO
7 ALLOCATIONS FOR PROPOSED AFFORDABLE EMPLOYEE HOUSING
8 DWELLING UNITS ON SUGARLOAF KEY ON PROPERTY DESCRIBED AS
9 TRACT i'.B", DEVISED PLAT OF AMENDED PLAT OF SUGARLOAF
10 SHORES SECTION F, REAL ESTATE NUMBER 00166976-011400, UNTIL
11 NOVEMBER 20,2019 FOR BUILDING PERMIT ISSUANCE.
12 Q
13 WHEREAS,the State of Florida and all local governments in the Florida Keys(each subject to Area
14 of Critical State Concern mandates relating to housing affordability) recognize the need for affordable housing
15 throughout the state and particularly in the Florida Keys where developable land for housing is extremely
16 limited and expensive; and
17 co
18 WHEREAS,the challenge of providing affordable housing opportunities in the Florida Keys is one
19 requiring sensible and responsive use of residential unit allocations, including implementation of long-term
20 preservation mechanisms; and
21
22 WHEREAS,due consideration should be given to relevant factors such as the capacity for allocation
23 reclplents to promptly transform allocation awards/reservations into finished and occupied
24 affordable/workforce housing units; and
25
26 WHEREAS,the developers have legitimate needs for some assurance that allocations are in fact and
27 will remain available and/or justified for a reasonable time so that follow-through on initial commitments will
28 in fact be justified; and
29
30 WHEREAS,in accordance with Section 138-24(b)(2) of the Monroe County Land Development
31 Code allows the BOCC to authorize reservations for "specific affordable or employee housing projectsco
32 participating.in a federal/state housing financial assistance or tax credit program or receiving some form of r-
33 direct financial,assistance from the county upon written request from the project sponsor and approved by `V
34 resolution of the board of county commissioners,"and
35 y
36 WHEREAS, Lower Keys Community Center Corp. noticed Monroe County of its intent to apply to
37 the Florida Housing Finance Corporation ("FHFC") for Low Income Housing Tax Credit ("LIHTC ")
38 financial assistance to offset the costs of its proposed 28-unit development ("Project"); and
39
40 WHEREAS, as part of the L11iTC application, FHFC requires the applicant to have obtained
41 the necessary ROGOs and for Monroe County to execute a verification that the applicant has obtained the <
42 necessary ROGOs; and
43
44 WHEREAS,Monroe County Code Sec.138-24(b) allows reservation of affordable ROGO allocations
45 by the Board for specific housing programs, which includes FHFC, L11iTC and SAIL; and
Packet Pg. 1218
M.2.b
1
2 WHEREAS, the reservation of affordable housing allocations for the anticipated project, does not
3 exempt the project from applicable requirements for the Monroe County Land Development Regulations,
4 Building Code and other regulatory requirements; and
5
6 WHEREAS, Lower Keys Community Center Corp. shall obtain all required approvals from the
7 Monroe County Planning &Environmental Resources Department for the project; and
8 0.
9 WHEREAS, Lower Keys Community Center Corp. shall obtain building permits for the affordable T
10 housing dwelling units by November 20, 2019; if the building permits are not issued by that date, the
11 allocations will revert to the County.
12
13 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
14 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
15 ,
16 Section 1: The foregoing recitals are true and correct, and are hereby incorporated as if fully set
0
17 forth herein.
18
19 Section 2: The Monroe County Planning Department shall reservation for twenty-eight (28)
20 affordable ROGO allocations, consisting of twenty-eight (28) low income category allocations,for the Monroe
21 County project on Tract "B", Revised Plat of Amended Plat of Sugarloaf Shores Section F,Sugarloaf Key until
22 November 20,2019.
co
23 cv
24 Section 3: The developer must obtain the building permit(s) for the affordable/employee housing o
25 units on or before November 20,2019.
26 N
27 Section 4: The developer shall comply with all Monroe County requirements, all applicable
28 Building Code requirements, and any other oversight agencies.
29
30 Section 5: The Planning and Building Department Staff is hereby authorized to process
31 expeditiously permit related applications for the above referenced project when received. CD
32
33 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a 76
34 regular meeting held on the 20th day of November, 2018.
35 co
36 Mayor Sylvia Murphy Yes
37 '`: Mayor Pro Tem Danny Kolhage Yes
38 Commissioner Michelle Coldiron Yes
'39 Commissioner Heather Carruthers Yes y
,4 0 :vim Commissioner David Rice Yes
4 \ o
43aj: 'S ;.,:� •� BOARD OF COUNTY CO ISSI S OF MONROE COUNTY,
41 y. � � ,� FLORIDA
,r3 r t BY
4 AL , v7a'/,* Mayo PlaylviXturphy
47�A DO CLERK
48 '
4 9 DEPUTY CLERK MONROECOUM Y
AP
- 97ti . 1.W11L1AM..."`�"8
A8816 '1T t1�1 ATTORNEY
Dote /Lit
Racket Pg. 1219
M.2.c
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�e.
2 RESOLUTION NO. 028 -2020
3
4 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
5 COMMISSIONERS APPROVING THE RESERVATION EXTENSION OF
6 TWENTY-EIGHT (28) AFFORDABLE LOW INCOME CATEGORY ROGO
7 ALLOCATIONS FOR A PROPOSED EMPLOYEE DWELLING UNIT ON
8 SUGARLOAF KEY FOR MONROE COUNTY ON PROPERTY DESCRIBED
9 AS TRACT "B", REVISED PLAT OF AMENDED PLAT OF SUGARLOAF
10 SHORES SECTION F, REAL ESTATE NUMBER 00166976-011400 UNTIL
I 1 NOVEMBER 20,2020 FOR BUILDING PERMIT ISSUANCE.
12
13 WHEREAS,the State of Florida and all local governments in the Florida Keys(each subject to Area
14 of Critical State Concern mandates relating to housing affordability) recognize the need for affordable
15 housing throughout the state and particularly in the Florida Keys where developable land for housing is
16 extremely limited and expensive; and
17
18 WHEREAS, the challenge of providing affordable housing opportunities in the Florida Keys is one
19 requiring sensible and responsive use of residential unit allocations, including implementation of long-term
co
20 preservation mechanisms;and N
21 0
22 WHEREAS,due consideration should be given to relevant factors such as the capacity for allocation
23 recipients to promptly transform allocation awards/reservations into finished and occupied
24 affordable/workforce housing units; and
25 LU
26 WHEREAS,the developers have legitimate needs for some assurance that allocations are in fact and 0
27 will remain available and/or justified for a reasonable time so that follow-through on initial commitments
28 will in fact be justified; and y
0
0
29
30 WHEREAS, in accordance with Section 138-24(b)(2) of the Monroe County Land Development
31 Code allows the BOCC to authorize reservations for "specific affordable or employee housing N
32 projects participating in a federal/state housing financial assistance or tax credit program or receiving some
co
33 form of direct financial assistance from the county upon written request from the project sponsor and
34 approved by resolution of the board of county commissioners,"and 0
35 0
36 WHEREAS, at a regularly scheduled public meeting held on November 20, 2018, the BOCC
37 adopted Resolution No 411-2018, reserving twenty-eight (28) low income category affordable ROGO
38 allocations under Section 138-24(b)(2) of the Monroe County Land Development Code, for the
39 proposed employee dwelling unit development, to expire if building permits were not obtained by
40 November 20,2019; and
41
42 WHEREAS, Lower Keys Community Center Corp. has obtained Low Income Housing Tax Credit
43 ("LIHTC") financial assistance from the Florida Housing Finance Corporation ("FHFC") to offset the costs
44 of its proposed 60-unit development ('Project"); and
45
46
1
Packet Pg. 1220
M.2.c
1 WHEREAS, as part of the LIHTC application, FHFC required the applicant to have
2 obtained the necessary ROGOs and for Monroe County to execute a verification that verifies that the
3 applicant has 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 CL
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,
13 Building Code and other regulatory requirements; and
0
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 permit(s) are not issued, the allocations will revert to the
20 County. y
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 co
26 forth herein.
27
28 Section 2: The Monroe County Planning Department shall reservation for twenty-eight (28)
29 affordable ROGO allocations, consisting of twenty-eight (28) low income category allocations, for the
30 Monroe County project on Tract "B", Revised Plat of Amended Plat of Sugarloaf Shores Section F,
31 Sugarloaf Key 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. CD
35 N
N
36 Section 4: The developer shall comply with all Monroe County requirements, all applicable co
37 Building Code requirements,and any other oversight agencies. CD
38 0
39 Section 5: The Planning and Building Department Staff is hereby authorized to process
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 Tem Michelle Coldiron Yes
47 Commissioner Craig Cates Ves
48 Commissioner David Rice Yes
49 Commissioner Sylvia Murphy Yes
2
Packet Pg. 1221
2��•, r �' BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY
FLORIDA
= z BY
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7 T MAD K,CLERK
8 w
9 DEPUTY ERK
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Packet Pg. 1222
2 RESOLUTION NO. 029 -2021
3
4 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY CL
5 COMMISSIONERS APPROVING THE RESERVATION EXTENSION OF
b TWENTY-EIGHT (28) AFFORDABLE LOW INCOME CATEGORY ROGO
7 ALLOCATIONS FOR A PROPOSED EMPLOYEE DWELLING UNIT ON °®
8 SUGARLOAF KEY FOR MONROE COUNTY ON PROPERTY DESCRIBED
9 AS TRACT "B", REVISED PLAT OF AMENDED PLAT OF SUGARLOAF
10 SHORES SECTION F, CURRENTLY BEARING PROPERTY
11 IDENTIFICATION NUMBER 00166976-011400 UNTIL NOVEMBER 20, ,
12 2021,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 y
16 throughout the state and particularly in the Florida Keys where developable land for housing is extremely
17 limited and expensive; and
18
19 WHEREAS,the challenge of providing affordable housing opportunities in the Florida Keys is one
co
20 requiring sensible and responsive use of residential unit allocations, including implementation of long-term N
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
25
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 fallow-through on initial commitments will
29 in fact be justified;and °'
30
31 WHEREAS, in accordance with Monroe County Land Development Code Section 138-24(b)(2)
32 allows the BOCC to authorize reservations for "specific affordable or employee housing projects
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 o
35 resolution of the board of county commissioners,";and
35
37 WHEREAS,at a regularly scheduled public meeting held on November 20,2018,the BOCC adopted
38 Resolution No. 411-2018, reserving twenty-eight (28) low income category affordable ROGO allocations
39 under Monroe County band Development Code Section 138-24(b)(2),for the proposed employee dwelling o
40 unit development,to expire if building permits were not obtained by November 20,2019;and
41
42 WHEREAS, at a regularly scheduled public meeting held on January 22, 2020, the BOCC adopted
43 Resolution No. 028-2020, reserving twenty-eight (28) low income category affordable ROGO allocations
44 under Monroe County Land Development Code Section 138-24(b)(2),for the proposed employee dwelling
45 unit development,to expire if building permits were not obtained by November 20,2020;and
46
i
Packet Pg. 1223
I WHEREAS, Lower Keys Community Center Corp. has been awarded Low Income Housing Tax
2 Credit("LIHTC") financial assistance from the Florida Housing Finance Corporation ("FHFC")to offset the
3 costs of its proposed 28-unit development("development"or the"Project");and
4
5 WHEREAS, as part of the LIHTC application, FHFC required the applicant to have obtained
6 the necessary ROGOs and for Monroe County to execute a verification that verifies that the applicant has
7 obtained the necessary ROGOs;and
8
9 WHEREAS,Monroe County Code Sec. 138-24(b)allows reservation of affordable ROGO allocations
10 by the Board for specific housing programs,which includes FHFC,LIHTC and SAIL; and
11
12 WHEREAS,on December 16,2020,the Monroe County Planning Commission approved the owner's
13 request for a major conditional use permit for development of the proposed housing units on the property,via
14 Monroe County Planning Commission Resolutions P35-20 and P36-20;and
15
16 WHEREAS,Lower Keys Community Center Corp.has been pursuing the project but is requesting a
17 one-year extension of the reservation; and
18 0
19 WHEREAS, the reservation of affordable housing allocations for the anticipated project, does not
20 exempt the project from applicable requirements for the Monroe County Land Development Regulations,
21 Building Code and other regulatory requirements;and
22
23 WHEREAS, Lower Keys Community Center Corp. shall obtain all required approvals from the
24 Monroe County Planning&Environmental Resources Department for the project;and
25 co
20 WHEREAS, Lower Keys Community Center Corp. shall obtain permits for the affordable housing
27 dwelling units by November 20,2021; if the permit(s)are not issued, the allocations shall revert to the
28 County;
29
30 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
31 COMMISSIONERS OF MONROE COUNTY,FLORIDA; �--
32
33 Section 1. The foregoing recitals are true and correct,and are hereby incorporated as if fully set
34 forth herein.
35
36 Section 2. The Monroe County Planning Department shall reservation for twenty-eight(28)affordable
37 ROGO allocations, consisting of twenty-eight (28) low income category allocations, for the Monroe County `V
38 project on Tract `B", Revised Plat of Amended Plat of Sugarloaf Shores Section F, Sugarloaf Key until
39 November 20,2021. y
40
4 i Section 3. The developer must obtain the building permits for the affordable/employee housing
42 units on or before November 20,2021. m
43 0
44 Section 4. The developer shall comply with all Monroe County requirements, all applicable
45 Building Code requirements,and any other oversight agencies and their respective regulatory requirements.
46
47 Section S. The Planning and Environmental Resources Department and Building Department
48 staffs are hereby authorized to expeditiously process permit related applications for the above referenced
49 project when received.
2
Packet Pg. 1224
1 Section 6. Construction and Interpretation.This resolution and its interpretation shall be
2 liberally construed and enforced in favor of Monroe County to effectuate its public purpose(s)and policy(ies)
3 of the County. The construction and interpretation of this resolution and all Monroe County Comprehensive
4 Plan provision(s), Florida Building Code, Florida Statutes, and Monroe County Code(s)provision(s) whose
5 interpretation arises out of, relates to, or is interpreted in connection with this resolution shall be liberally
6 construed and enforced in favor of Monroe County to effectuate its public purpose(s) and policy(ies) of the
7 County, and shall be deferred in favor of the BOCC and such construction and interpretation shall be entitled
8 to great weight in adversarial administrative proceedings,at trial,bankruptcy,and on appeal.
9
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10 Section 7. No Liability. Monroe County expressly reserves and in no way shall be deemed to ca
I I have waived, for itself or for its officer(s), empioyee(s), or agent(s), any sovereign, governmental, and any
12 other similar defense immunity, exemption, or protection against any suit cause-of-action demand or
13 liability.
14
15 Section 8. Severability.If any provision of this resolution,or any part or portion thereof,is held
16 to be invalid or unenforceable by any administrative hearing officer or court of competent jurisdiction, the
17 invalidity or unenforceability of such provision, or any part or portion thereof, shall neither limit nor impair
18 the operation,enforceability,or validity of any other provision of this resolution,or any remaining part(s)or o
19 portion(s) thereof. All other provisions of this resolution, and remaining part(s) or portion(s) thereof, shall
20 continue unimpaired in full force and effect. CD
21
22 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a
23 regular meeting held on the 20th day of January,2021,
24
25 Mayor Michelle Coldiron Yes co
26 - Mayor Pro Tem David Rice Yes
27 ���� Commissioner Craig Cates Yes
Commissioner Eddie Martinez Yes
i Commissioner Mike Forster Yg
BOARD OF COUNTY C IO ERS OE COUNTY,
FLORIDA '
BY: N
U�
3 y°"�o Mayor Michelle Coldiron
35
36 A V ADOK, LERK MOAGOVWYT FORM
3 cV
37
38 AS DEPU CLERK ER cV
TY
ASSISTANT COUNTY ATTORNEY D r
Date: 1421N - O
a' cn
L
3
Packet Pg. 1225
1 urwfa
:.
2 RESOLUTION NO.
3
4 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
5 COMMISSIONERS APPROVING THE RESERVATION EXTENSION OF
6 TWENTY-EIGHT (28) AFFORDABLE' LOW INCOME CATEGORY ROGO
7 ALLOCATIONS FOR AN AFFORDABLE-EMPLOYEE HOUSING
8 DWELLING UNIT DEVELOPMENT ON SUGARLOAF KEY, MONROE
9 COUNTY,ON PROPERTY DESCRIBED AS TRACT`B",REVISED PLAT OF
10 AMENDED PLAT OF SUGARLOAF SHORES SECTION F, PROPERTY
11 IDENTIFICATION NUMBER 00166976-011400 UNTIL V` t,`Nt FOR
12 BUILDING PERMIT ISSUANCE.
13
14 WHEREAS,the State of Florida and all local governments in the Florida Keys(each subject to Area i�
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
C7
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 4-
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 X
25 affordable/workforce housing units; and w
26
27 WHEREAS,the developers have legitimate needs for some assurance that allocations are in fact and .2
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 -�
30 0
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 housingpro*ects
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 y
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 411-2018, reserving twenty-eight (28) low income category affordable ROGO allocations
39 under Section 138-24(b)(2) of the Monroe County Land Development Code, for the proposed employee
40 dwelling unit development,to expire if building permits were not obtained by November 20, 2019; and
41
42 WHEREAS, at a regularly scheduled public meeting held on January 22, 2020, the BOCC adopted
43 Resolution No. 028-2020, reserving twenty-eight (28) low income category affordable ROGO allocations
I.e.,affordable-employee housing.
i
Packet Pg. 1226
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
4 WHEREAS, at a regularly scheduled public meeting held on If , 1 - the BOCC adopted
5 Resolution No. I: �°' : , reserving twenty-eight (28) low income category affordable ROGO allocations
6 under Section 138-24(b)(2) of the Monroe County Land Development Code, for the proposed employee
7 dwelling unit development,to expire if building permits were not obtained by ; and F
8 u
9 WHEREAS, Lower Keys Community Center Corp. has been awarded Low Income Housing Tax
CL
10 Credit("LIHTC") financial assistance from the Florida Housing Finance Corporation ("FHFC") to offset the
11 costs of its proposed 28-unit development("Project"); and
12
13 WHEREAS, as part of the LIHTC application, FHFC required the applicant to have obtained
14 the necessary ROGOs and for Monroe County to execute a verification that verifies that the applicant has c
15 obtained the necessary ROGOs; and
16 U)
17 WHEREAS, Monroe County Code Sec.138-24(b) allows reservation of affordable ROGO allocations
18 by the Board for specific housing programs,which includes FHFC,LIHTC and SAIL; and 2
:N
19
20 WHEREAS,on December 16,2020,the Monroe County Planning Commission approved the owner's
21 request for a major conditional use permit for development of the proposed housing units on the property,via
22 Resolutions P35-20 and P36-20; and
24 k, F 1 15 n n U l lip 1 Inn 1
25co
j N
26
27 �,;G 1 7 t C
Qp §t ::�. �7 t 1 >.�� _ 1. '•', 17?l? 1 7 ,t. S4 1=. O
20 �� 1 �( pniz 1- It I �I1 I,
29
31 1 f ? 1r `
32 _ 2
33 WHEREAS Lower Keys Community Center Co��has been pursuing the prQject but is requesting a
34 extension of the reservation; and >
35
36 WHEREAS, the reservation of affordable housing allocations for the anticipated project, does not _
37 exempt the project from applicable requirements for the Monroe County Land Development Regulations,
38 Building Code and other regulatory requirements; and c
39 0
40 WHEREAS, Lower Keys Community Center Corp. shall obtain all required approvals from the
41 Monroe County Planning & Environmental Resources Department for the project; and
42
43 WHEREAS, Lower Keys Community Center Corp. shall obtain permits for the affordable housing
44 dwelling units by ,", if the permit(s) are not issued, the allocations will revert to the County;
45
46 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
47 COMMISSIONERS OF MONROE COUNTY,FLORIDA:
48
49 Section 1: The foregoing recitals are true and correct, and are hereby incorporated as if fully set
50 forth herein.
51
2
Packet Pg. 1227
I Section 2: The Monroe County Planning Department shall reservation for twenty-eight (28)
2 affordable ROGO allocations,consisting of twenty-eight(28) low income category allocations,for the Monroe
3 County project on Tract`B",Revised Plat of Amended Plat of Sugarloaf Shores Section F, Sugarloaf Key until
4
5
6 Section 3: The developer must obtain the building permits for the affordable/employee housing
7 units on or before r
8
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9 Section 4: The developer shall comply with all Monroe County requirements, all applicable
10 Building Code requirements, and any other oversight agencies.
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 .
17
18 Mayor
19 Mayor Pro Tem e�
20 Commissioner
21 Commissioner
22 Commissioner co
23
24 BOARD OF COUNTY COMMISSIONERS C
25 OF MONROE COUNTY, FLORIDA
26
27
28
29 By: .2
30 Mayor a,
31 -�
0
32 (SEAL)
c
33 ATTEST: KEVIN MADOK, CLERK
0
34 By:
35
3
Packet Pg. 1228