Resolution 439-2021 1 urwfa
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2 RESOLUTION NO. 439 -2021
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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.
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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
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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
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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
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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
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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
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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.
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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
4 Resolution No 030-2021, 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 November 20, 2021; and
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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
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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
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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
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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
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23 WHEREAS, on February 5, 2021, a group of property owners on Sugarloaf Key appealed these
24 approvals to the State of Florida Division of Administrative Hearings ("DOAH"); and
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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
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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
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32 WHEREAS,Lower Keys Community Center Corp.has been pursuing the project but is requesting a
33 eighteen-month extension of the reservation; and
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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
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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
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42 WHEREAS, Lower Keys Community Center Corp. shall obtain permits for the affordable housing
43 dwelling units by May 17, 2023; if the permit(s) are not issued, the allocations will revert to the County;
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45 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
46 COMMISSIONERS OF MONROE COUNTY,FLORIDA:
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48 Section 1: The foregoing recitals are true and correct, and are hereby incorporated as if fully set
49 forth herein.
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I Section 2: The Monroe County Planning Department shall reserve sixty (60) affordable ROGO
2 allocations,consisting of 27 Iow 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 May
4 17,2023.
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6 Section 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.
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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.
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15 PASSED AND ADOPTED at a regular meeting of the Board of County Commissioners of
16 Monroe County, Florida, held on the 170 day of November 2021.
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18 Mayor David Rice Yes
19 Mayor Pro Tern Craig_Cates Yes
20 Commissioner Michelle Coldiron Yes
21 Commissioner Eddie Martinez Yes
22 Commissioner Holly Merrill Raschein Yes
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24 BOARD OF COUNTY COMMISSIONERS
25 OF MONROE COUNTY,FLORIDA
26 O; '
a . By:_ _ _
Mayor Da id Rice
3 r ..._...........
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33 ATTEST: KEVIN MADOK, CLERKMONROE COUNTY ATTORNEY
jA" F
Y
34 By: �.
As Deputy Clerk Date.
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