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Resolution 439-2021 1 urwfa :. 2 RESOLUTION NO. 439 -2021 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 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 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 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 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 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 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 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 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 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 25 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 32 WHEREAS,Lower Keys Community Center Corp.has been pursuing the project but is requesting a 33 eighteen-month extension of the reservation; and 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 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 43 dwelling units by May 17, 2023; 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 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. 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. 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 170 day of November 2021. 17 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 23 24 BOARD OF COUNTY COMMISSIONERS 25 OF MONROE COUNTY,FLORIDA 26 O; ' a . By:_ _ _ Mayor Da id Rice 3 r ..._........... 1� -- 33 ATTEST: KEVIN MADOK, CLERKMONROE COUNTY ATTORNEY jA" F Y 34 By: �. As Deputy Clerk Date. 35 36 3