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Resolution 028-2022 1 urwfa :. 2 RESOLUTION NO. 028 -2022 3 4 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY 5 COMMISSIONERS RESCINDING THE RESERVATION OF THIRTY-SIX 6 (36) MODERATE-INCOME AFFORDABLE HOUSING ROGO 7 ALLOCATIONS, AS MEMORIALIZED BY RESOLUTION NOS. 168-2021 8 AND 169-2021, FOR GORMAN & COMPANY, RELATING TO PROPERTY 9 LOCATED AT 22732 OVERSEAS HIGHWAY,AND LOTS 17 THROUGH 26, 10 BLOCK 1,CUDJOE OCEAN SHORES,CUDJOE KEY,HAVING PROPERTY 11 IDENTIFICATION NUMBERS 00187060-000000, 00187070-000000, 00187080- 12 000000,00187090-000000,00187100-000000,00187110-000000,00187120-000000, 13 AND 00187130-000000, AND PROPERTY LOCATED AT THE CORNER OF 14 SACARMA DRIVE AND OVERSEAS HIGHWAY, LOTS 3, 4, 6, 8, 10, 12, 14, 15 AND 16, OF SACARMA BAY SUBDIVISION, CUDJOE KEY, HAVING 16 PROPERTY IDENTIFICATION NUMBERS 00175130-000000, 00175140- 17 000000,00175180-000000,00175200-000000,00175220-000000,00175240-000000, 18 AND 00175260-000000, DUE TO CANCELLATION OF PURCHASE 19 CONTRACT AND NO AWARD OF SAIL FUNDING TO THE 20 DEVELOPMENT PROJECTS. 21 22 23 WHEREAS,the State of Florida and all local governments in the Florida Keys (each subject to Area 24 of Critical State Concern mandates relating to housing affordability)recognize the need for affordable housing 25 throughout the state and particularly in the Florida Keys where developable land for housing is extremely 26 limited and expensive; and 27 28 WHEREAS, the challenge of providing affordable housing opportunities in the Florida Keys is one 29 requiring sensible and responsive use of residential unit allocations, including implementation of long-term 30 preservation mechanisms; and 31 32 WHEREAS,due consideration should be given to relevant factors such as the capacity for allocation 33 recipients to promptly transform allocation awards/reservations into finished and occupied 34 affordable/workforce housing units; and 35 36 WHEREAS, Section 138-24(b)(2) of the Monroe County Land Development Code allows the 37 BOCC to authorize reservations for "specific affordable or employee housing projects participating in a 38 federal/state housing financial assistance or tax credit program or receiving some form of direct financial 39 assistance from the county upon written request from the project sponsor and approved by resolution of the 40 Board of County Commissioners," and 41 42 WHEREAS, Gorman & Company ("Gorman"), as authorized by the current property owners, was 43 proposing to develop the subject properties affordable employee housing units and was applying to the State 44 of Florida Housing Finance Corporation Request for Application 2021-208 — SAIL, Financing for the 45 Construction of Workforce Housing; and I WHEREAS, on April 21, 2021, the Monroe County Boardof County Commissioners (" C") reserved a total othirty-six (36)moderate income category affordable G allocations for Gorman on the subject properties via Resolution Nos. 16 - 21 and 169- 21;and 5 WHEREAS,GormanCompany was not able to secure SAIL funding for the proposed projects and 6 has cancelled the contracts for purchase of the subjectproperties; d 7 WHEREAS, there may be other proposals foraffordable housing development within the unincorporatedcounty that could e awarded one or more oft the 36 allocations; 1 11 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 12 COMMISSIONERS OF MONROE COUNTY,FLORIDA: 1 14 Section 1. Recitals and Legislative Intent. The foregoing recitals and statements o 15 legislative intent are true and correct and are hereby incorporated as if fully set forth herein . 1 17 Section 2. The Monroe Countyhereby rescinds the previous reservation of thirty-six ( ) 18 moderate-income affordable housing ROGO allocations for Gorman&Company,as memorializedy 19 Resolution Nos. 16 - 01 and 169-202 20 1 Section 3. The Planning& Environmental Resources Department shall return the thirty-six ( 6) 22 moderate-income affordable housing allocations to the affordable housing l to be available 23 for allocation or reservation to other properties for the development of affordable housing. 2 5 Section 4.Construction and Interpretation.This Resolution,being necessary for the health,safety, 26 d welfare of the residents of and visitors to the County, shall be liberally construed toe t( te) 27 e publicpurpose(s)hereof.Interpretation oft is Resolution shall be construed in favor of the Monroe 28 County Board of County Commissioners, such construction and interpretation shall be entitled to 9 great weight in adversarial administrative procs ings,at trial,in bankruptcy,and on appeal. 3 31 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,Floridaat a 32 regular meeting held on the 2 1 day of January, 02 . 3 34 Mayor David Rice 35 Mayor Pro Tem Craig Cates - 36 Commissioner Michelle Coldiron Yes � 37 '< County Commissioner District Three VACANT 38 Commissioner Holly Merrill Rascheins 3Or � ...... 4 � � _ � COUNTY COMMISSIO RS OF COUNTY, FLORIDA 43 Y: Mayor David Iticce 45 ( AL 46 ii T TEST: KEVIN ivltxDOK, CLERK MONROE COUNTY ATTORNEY 47 �' ' QED AkIOFORM 8 49 S DEPUTY CLERKt