Resolution 438-2021 T �a
Is� �
2 RESOLUTION NO. 438 -2021
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
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
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
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
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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
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 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
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.
1
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 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
8
9 WHEREAS, Lower Keys Community Center Corp. has been awarded Low Income Housing Tax
10 Credit("LIHTC") financial assistance fromthe 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
15 obtained the necessary ROGOs; and
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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
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
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
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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
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
33 WHEREAS, Lower Keys Community Center Corp. has been pursuing the project but is requesting a
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
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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
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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
2
I Section 2: The Monroe County Planning Department shall extend reservation for twenty-eight
2 (28)affordable ROGO allocations, consisting of twenty-eight(28) low income category allocations, for the
3 Monroe County project on Tract`B",Revised Plat of Amended Plat of Sugarloaf Shores Section F,Sugarloaf
4 Key until May 17,2023.
5
6 Se-ction_3: The developer must obtain the building permits for the affordable/employee housing
7 units on or before May 17, 2023.
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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.
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 17'day of November 2021.
17
18 Mayor David Rice Yes
19 Mayor Pro Tern Cram Cates Yes
20 Commissioner Michelle Coldiron Yes
21 Commissioner Eddie Martinez Yes
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22 Commissioner Holly° Mer-
23
24 BOARD OF COUNTY COMMISSIONERS
25 OF MONROE COUNTY, FLORIDA
26
By:
Mayor David Rice
33 A.l 1 ���": KEVIN MADOK, CLERK WMROE COUNTYY
34 By: �� � .
35 As htputy Clerk
3