Item S8 S.8
Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS
�� Mayor David Rice,District 4
The Florida Keys � Mayor Pro Tem Craig Cates,District I
y Michelle Coldiron,District 2
James K.Scholl,District 3
Ij Holly Merrill Raschein,District 5
County Commission Meeting
June 15, 2022
Agenda Item Number: S.8
Agenda Item Summary #10730
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 for the Extension of a Reservation of
Twenty (20) Affordable Housing ROGO Allocations in the Moderate Income Category, Pursuant to
Monroe County Code Section 138-24(B)(2), for the Development of Twenty (20)
Affordable/Employee Housing Dwelling Units on Property Located In Section 21, Township 67
South, Range 26 East, Big Coppitt Key, Approximate Mile Marker 9.5 Gulf-Side, Currently Having
Property Identification Numbers 00120940-000000 and 00120940-000301 until July 21, 2023.
ITEM BACKGROUND:
On July 21, 2021, the BOCC adopted Resolution No. 231-2021, reserving twenty (20) affordable
housing ROGO allocations in the moderate-income category, for the development of twenty (20)
affordable-employee housing units at property located on the gulf-side of Big Coppitt Key,
approximately at mile marker 9.5 until July 21, 2022. Smith/Hawks, P.L., in its capacity as
authorized agent for the current property owner, Dickerson Group, Inc., has requested a one-year
extension to the reservation in order to obtain necessary approvals and permits from South Florida
Water Management District and the Army Corps of Engineers.
The reservation is pursuant to Land Development Code ("LDC") Section 138-24(b)(2), which allows
the Monroe County Board of County Commissioners ("BOCC) to reserve affordable housing
ROGO allocations for specific affordable or employee housing projects participating in a
federal/state housing financial assistance or tax credit program or receiving some form of direct
financial assistance from the county upon written request from the project sponsor and approved by
resolution of the BOCC. This project is not currently financed through a federal or state housing
financial assistance or tax credit program, but will receive financial assistance from the County
through the anticipated waiver of $17,500 in impact fees at the time of building permit issuance,
pursuant to LDC Section 139-1(a)(4).
Monroe County Code Section 139-1- Affordable and Employee Housing; Administration.
(a)(4) The requirements of this Land Development Code for the provision of impact fees
shall be waived for affordable and employee housing and any market rate housing
Packet Pg. 3625
S.8
developed in accordance with subsection (a)(8) of this section.
Dickerson Group Inc. is proposing to develop twenty (20) affordable-employee housing units on the
subject property. A minor conditional use permit(File No. 2020-056) for the proposed development,
as required by LDC Section 130-82, was approved on June 14t', 2021. Building permits for this
project have not been applied for yet. In order to move forward with the proposed development,
Dickerson Group Inc. would be required to obtain all necessary development approvals from
Monroe County and all other applicable agencies. The applicant has requested a one-year
extension to the reservation of the affordable ROGOs, which would require all building
permits to be issued by July 211t, 2023.
The subject property is outlined in blue below per the parcel boundaries, with the approximate location
off the ro osed dw�ellm units curcled m yellow. "
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If a reservation for affordable ROGO allocations is not approved by the BOCC, the applicant can obtain
allocations by submitting building permit applications with full constriction drawings for review by the
Building Department, and, once approved, may apply for affordable ROGO allocations through the
County's quarterly allocation process. Quarterly allocations are reviewed and approved by the Planning
Commission.
Given the approved minor conditional use permit for the proposed development, the professional
staff of the Planning and Environmental Resources Department recommend approval of the
request to extend the reservation of twenty (20) moderate4ncome affordable ROGO allocations for
the subject property.
Relevant Land Development Code Section:
LDC Section 138-24 (b) Reservation of affordable housing allocations. Notwithstanding the
Packet Pg. 3626
S.8
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 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) Speci ac affordable or employee housing projects participatin in federal/state housing
financial assistance or tax credit program or receiving some form of direct financial assistance from
the county upon written requestsfrom 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:
N/A
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
RESOLUTION - Dickerson AFH ROGO reservation extension to 2023
Agent Authorization
Resolution 231-2021
ROGO Reservation Extension Request- Dickerson (03.04.2022
FINANCIAL IMPACT:
Effective Date:
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S.8
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: NA
Additional Details:
REVIEWED BY:
Emily Schemper Completed 06/07/2022 4:22 PM
Peter Morris Completed 06/07/2022 4:31 PM
Purchasing Completed 06/07/2022 4:32 PM
Budget and Finance Completed 06/07/2022 4:37 PM
Brian Bradley Completed 06/07/2022 4:38 PM
Lindsey Ballard Completed 06/07/2022 4:45 PM
Board of County Commissioners Pending 06/15/2022 9:00 AM
Packet Pg. 3628
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2 RESOLUTION NO. -2022
3
4 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
5 COMMISSIONERS APPROVING EXTENSION OF THE
6 RESERVATION OF TWENTY (20) AFFORDABLE ROGO
7 ALLOCATIONS (20 MODERATE) FOR PROPOSED EMPLOYEE 0
8 HOUSING DWELLING UNITS ON PROPERTY OWNED BY 0
9 DICKERSON GROUP, INC., LOCATED AT SECTION 21, TOWNSHIP
10 67 SOUTH, RANGE 26 EAST, BIG COPPITT KEY, HAVING 0
11 PROPERTY IDENTIFICATION NUMBERS 00120940-000000 AND 0
12 00120940-000301, AS REQUESTED BY SMITH/HAWKS P.L., IN ITS
13 CAPACITY AS AUTHORIZED AGENT FOR THE PROPERTY
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14 OWNER, DICKERSON GROUP INC., UNTIL DULY 21, 2023 FOR cN
15 BUILDING PERMIT ISSUANCE. N
16
17 WHEREAS, the State of Florida and all local governments in the Florida Keys (each subject to U)
18 Area of Critical State Concern mandates relating to housing affordability) recognize the need for
19 affordable housing throughout the state and particularly in the Florida Keys where developable land for X
20 housing is extremely limited and expensive; and
21
22 WHEREAS, the challenge of providing affordable housing opportunities in the Florida Keys is
23 one requiring sensible and responsive use of residential unit allocations, including implementation of U)
24 long-term preservation mechanisms; and 2
25 0
26 WHEREAS, due consideration should be given to relevant factors such as the capacity for
27 allocation recipients to promptly transform allocation awards/reservations into finished and occupied
28 affordable/workforce housing units; and
29 0
E
30 WHEREAS, Section 138-24(b)(2) of the Monroe County Land Development Code allows 0
31 the BOCC to authorize reservations for "specific affordable or employee housing prof ects participating �
32 in a federal/state housing financial assistance or tax credit program or receiving some form of direct
33 financial assistance from the county upon written request from the project sponsor and approved by
34 resolution of the Board of County Commissioners," and
35
36 WHEREAS, the current property owner(s) Dickerson Group, Inc., by and through Smith/Hawks
37 P.L., in its capacity as authorized agent for said current property owner(s), is proposing to develop the W
38 properties with twenty (20) affordable employee housing units; and
39
40 WHEREAS,the reservation of affordable housing allocations for the anticipated project does not
41 exempt the project from applicable requirements for the Monroe County Land Development Regulations,
42 Building Code and other regulatory requirements; and <
43
1
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S.8.a
I WHEREAS, Dickerson Group Inc. shall obtain all required approvals from the Monroe County
2 Planning& Environmental Resources Department for the project; and
3
4 WHEREAS,Dickerson Group Inc. shall obtain permits for the affordable housing dwelling units CL
5 by July 21,2023;if the permit for a reserved ROGO allocation housing unit is not issued by that time,the U
6 allocation will revert to the County;
7 °0
8 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
9 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
10
11 Section 1: The foregoing recitals are true and correct, and are hereby incorporated as if fully
12 set forth herein. 0
13 0
14 Section 2: The Monroe County Planning Department shall reserve twenty(20)affordable ROGO
15 allocations(20 moderate income),for the project at Section 21, Township 67 South,Range 26 East, Big 0
16 Coppitt Key, having property identification numbers 00120940-000000 and 00120940-000301, until
2
17 July 21, 2023. _
18 ,
19 Section 3: Construction and Interpretation. This resolution and its interpretation shall be Q
20 liberally construed and enforced in favor of Monroe County to effectuate its public purpose(s) and 0
21 policy(ies) of the County. The construction and interpretation of this resolution and all Monroe County 0
22 Comprehensive Plan provision(s), Florida Building Code, Florida Statutes, and Monroe County Code(s)
23 provision(s) whose interpretation arises out of, relates to, or is interpreted in connection with this X
24 resolution shall be liberally construed and enforced in favor of Monroe County to effectuate its public
25 purpose(s) and policy(ies) of the County, and shall be construed in favor of the BOCC and such
26 construction and interpretation shall be entitled to great weight in adversarial administrative proceedings,
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27 in trial,bankruptcy, and on appeal. 2
28 0
0
29 Section 4: The developer must obtain the building permits for the twenty (20)
30 affordable/employee housing on or before July 21, 2023.
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31
32 Section 5: The developer shall comply with all Monroe County requirements, all applicable 0
33 Building Code requirements, and any other regulatory agencies. 0
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34 2
35 Section 6: The Planning and Building Department Staff is hereby authorized to process
36 expeditiously permit related applications for the above referenced project when received. Z
37
38 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 0
39 Florida at a regular meeting held on the 15th day of June, 2022. W
40
41 Mayor David Rice u
42 Mayor Pro Tem Craig Cates E
43 Commissioner Michelle Coldiron
44 Commissioner James K. Scholl
45 Commissioner Holly Merrill Raschein
2
Packet Pg. 3630
S.8.a
1
2
3 BOARD OF COUNTY COMMISSIONERS OF MONROE
4 COUNTY, FLORIDA
5 By: u
6 Mayor David Rice
7 ao
8 MONAOE COUNTY ATTORNEY �
9 AP VED S T0,FORMI
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11
12 (SEAL) 0
13 ATTEST: KEVIN MADOK, CLERK 0
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14
15 AS DEPUTY CLERK 0
16 0
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AGENT AUTHOR. . IZAMON 14IMM
03 125 / 20210
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SAIRTON W,,WITH,ESQ�,,CII USEA VANADIA,ESQ,
I hLTeby aulho6zir S M ITI-I FIAWKS, P L. /JIMS(X.)0DAJJ,,RSQ�&ANTHONY DAVILA,ESq........................................._....................................... be listed as authorized agent
(.Print Name,of Agent),
representing THE DCKERSON GROUP, �INC
------- ------�I—-I I------ I'dr the application suhnussion
(Print Name ef'PrwrtY Owner(s)the Applicamat(s))
of.................... Request fctii a Minor-, Conditional Use Permit
..................
(LI.WiFir Name—and jYPe Of 2-PPJIC-2fl0Tms'for the—author izatfon-)'
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for�the Property described ass:(1'ttt inettxs and tvunds,attach�e,gal desaipticm on sc pwate sheet) U
Government I...ot 1, Section TowrisNp 67 South, Range 26 East Big Coppit gatft
Subdivi&ion
Ifflock Key(Island)
0012094U 000000
Real Estate(Iu�) ber >
filemab:Key D,(uiinbojj,,
Vacan't Lot Num Aas
, Rockland Key 8
Savo,iAdch-ess(Street,Cityl,
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A'uthoilzed Ajj4went Contact Infol.,jw1aton: 0
138 Simonton Street, Key West, f:::1 33040 0
Wnifin7j (S—tr Addri.,,,ss eet,City,State and Z"ip Code) ..............———---`-—-
(305)296-7227 .2
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BAR ri@smi mHAWKS.CoM
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'Work Phang-, flonle Phon,
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rhis authorization becr.ones effiective on rthe date this affidavit is notarized and shall remain in effect until terrmnated by the
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undersigned. This authorization acts m a durable power of attorney only fbr tile jmyposeis stated.T'he undcrsi�ped mde rmuids the
,)f the agent
risks mid liabilities involved in dir jinanfing of Ihis agency and an, full responsibility fiar&ny and all of the actions 1 0
nayned .fa eteen related taw the processing cif the rvices requesteo, ),plication(s) and/k-.)r the acquisition of approvals/perinits Eor the
aforementioned applicant,The applicant(s)hereby indemnifirs and holds han-niess Monroe Col.inty,its offirpm, agents, and employees
for any darnage to applicant caused by its agent ar ansing froln this agency authon.m...tion.
as
Nofe:.Agentv must provide a notarized authotizadonfrom ALL currentproperty owjj,ep�s.
Signature of Property Owner............
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Printed Name of Property OwIle Johri F. ner, Presiden
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...................... . ....... Who is perzionally knawn to me OR Mduced
(PrInt Name of Person Maldng Statement)
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1
2 RESOLUTION NO. 231 -2021
3
4 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
5 COMMISSIONERS APPROVING THE RESERVATION OF TWENTY ,
6 (20) AFFORDABLE ROGO ALLOCATIONS (20 MODERATE-
7 INCOME CATEGORY) FOR PROPOSED EMPLOYEE HOUSING t0
8 DWELLING UNITS ON PROPERTY OWNED BY DICKERSON
9 GROUP INC. LOCATED AT SECTION 21, TOWNSHIP 67 SOUTH,
10 RANGE 26 EAST, BIG COPPITT KEY, CURRENTLY HAVING
11 PROPERTY IDENTIFICATION NUMBERS 00120940-000000 AND
12 00120940-000301, AS REQUESTED BY SMITHIHAWKS, P.L., IN ITS
13 CAPACITY AS AUTHORIZED AGENT FOR THE PROPERTY
14 OWNER DICKERSON GROUP INC., UNTIL JULY 21, 2022, FOR
15 BUILDING PERMIT ISSUANCE.
16
17 WHEREAS, the State of Florida and all local governments in the Florida Keys(each subject to
18 Area of Critical State Concern mandates relating to housing affordability) recognize the need for
19 affordable housing throughout the state and particularly in the Florida Keys where developable land for
20 housing is extremely limited and expensive: and 2
21
22 WHEREAS, the challenge of providing affordable housing opportunities in the Florida Keys is CN
23 one requiring sensible and responsive use of residential unit allocations, including implementation of c14
24 long-term preservation mechanisms. and c,
25 N
26 WHEREAS, due consideration should be given to relevant factors such as the capacity for e
27 allocation recipients to promptly transform allocation awards/reservations into finished and occupied
28 affordable/workforce housing units; and
29
30 WHEREAS, Section 138-24(b)(2) of the Monroe County Land Development Code allows
31 the BOCC to authorize reservations for "specific affordable or employee housing projects
32 participating in a federal/state housing financial assistance or tax credit program or receiving some form
33 of direct financial assistance from the county upon written request from the project sponsor and approved
34 by resolution of the Board of County Commissioners"; and
35
36 WHEREAS,the current property owner(s) Dickerson Group Inc., by and through Smith/Hawks,
37 P.L., in its capacity as authorized agent for said current property owner(s), is proposing to develop the
38 property(ies) with twenty(20)affordable-employee housing units: and
39
40 WHEREAS,the reservation of affordable housing allocations for the anticipated project does not
41 exempt the project from applicable requirements for the Monroe County land Development Regulations,
42 the Florida Building Code, and other regulatory requirements; and
43
i
Packet Pg. 3633
S.8.c
I WHEREAS,Dickerson Group Inc. shall obtain all required approvals from (lie Monroe County
2 Planning and Environmental Resources Department for the project; and
3
4 WHEREAS, Dickerson Group Inc. shall obtain permits for (lie affordable housing dwelling
5 units by July 21. 2022: if the permit for a reserved ROGO allocation housing unit is not issued by that
6 time, the allocation shall automatically revert to the County:
7
8 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
9 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
10
I 1 Section 1. The foregoing recitals are true and correct, and are hereby incorporated as if
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12 fully set forth herein. C
13 U
14 Section 2. The Monroe County Planning and Environmental Resources Department shall
15 reserve twenty(20)affordable ROGO allocations(20 moderate-income category), for the project at
16 Section 21, "Township 67 South, Range 26 East, Big Copp itt Key. on parcels currently having property 0
17 identification numbers 00120940-000000 and 00120940-000301, until July 21, 2022.
18
19 Section 3. The developer mast obtain the building permits for the twenty(20)affordable-
20 employee housing units on or before July 21, 2022.
21
22 Section 4. The developer shall comply with all Monroe County regulatory requirements,all
23 applicable Florida Building Code requirements, and with any and all requirements of all other regulatory
24 agencies.
25 -119
c2
26 Section 5. The Planning and Environmental Resources Department and Building
27 Department staffs are hereby authorized to expeditiously process permit-related applications for the
28 above referenced project when received. C14
29 �'
30 Section 6. Construction and Interpretation. This resolution and its interpretation shall be
31 liberally construed and enforced in favor of Monroe County to effectuate its public purpose(s)and �
32 policy(ies)of the County. The construction and interpretation of this resolution and all Monroe County
33 Comprehensive Plan provision(s), Florida Building Code, Florida Statutes, and Monroe County Code(s) 6
34 provision(s)whose interpretation arises out of, relates to, or is interpreted in connection with this
35 resolution shall be liberally construed and enforced in favor of Monroe County to effectuate its public ;
36 purpose(s)and policy(ies)of the County, and shall be construed in favor of the Monroe County Board of
37 County Commissioners and such construction and interpretation shall be entitled to great weight in
38 adversarial administrative proceedings, at trial, bankruptcy, and on appeal.
39 '
40 - Section 7..No Liability. Monroe County expressly reserves and in no way shall be deerned to
41 have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign, governmental, and
42 any other similar defense, immunity,exemption, or protection against any suit, cause-of-action, demand,
43 or liability.
44
45 Section 8. Severability. If any provision of this resolution, or any part or portion thereof, is
46 held to be invalid or unenforceable by any administrative hearing officer or court of competent
47 jurisdiction,the invalidity or Ernentorceability of such provision, or any part or portion thereol, shall
48 neither limit nor impair the operation, enforceability, or validity of any other provision of this resolution,
Packet Pg. 3634
S.8.c
I or any remaining part(s) or portion(s)thereof. All other provisions of this resolution,and remaining
2 part(%)or portion(s)thereof shall continue unimpaired in full force and etTect.
3
4 PASSED AND ADOPTED b*•the Board of County Commissioners of Monroe County. Florida
5 at a regular meeting held on the 21" day of July, 2021.
6
7 Mayor Michelle Coldiron Yes
8 Mayor Pro Tern David Rice Yes
9 Commissioner Craig Cates Yes
10 Commissioner Eddie Martinez Yes
1 1 Commissioner Mike Forster Yes
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12 CL
13 BOARD OF COUNTY COMMISSIONERS OF MONROE U
14 COUNTY. FLORIDA _ g'
15
7�== ��'�.:j e� Mayor ich ]le ❑ �rnn
19 f SEXL)' MONROE CO_ ATTORNEY
20 ' APP TO FORM
21 ATTTKEVI ADOK. C RK
22 J- `�
23 AS DEPUTY CLERK PETER MORRiS a
ASSISTANT COUNTY ATTORNEY 0
Date: 61 1 1
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- .T-FORP,�EYS Al'" LAW
Barton W. Smith, Esq.
Jess Miles Goodall, Esq.
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Telephone: (305) 296-7227 C.
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Facsimile: (305) 296-8448 U
Email: 1.3ar,[.(ii),S�-yii't.li.Illawks,,co�-yi .2)
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SENT VIA EMAIL
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March 4, 2022
0
Emily Schemper, Planning Director 0
Monroe County Planning & Environmental Resources Department
2798 Overseas Highway, Suite 400 0
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Marathon, FL 33050 0
-19
Email: S. cl2g p L E� J I..y )�Mo t i r o�eCo ij t Y�[, F,I[..,,�Gc.Y v .2
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RE: Request for Time Extension of twenty (20) affordable ROGO Allocations for Q
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proposed employee housing dwelling units approved by Board of County
Commissioners Resolution #231-2021.
Dear Emily, 0
Please accept this correspondence, on behalf of Dickerson Group Inc ("Applicant"), as a .2
a
request for a twelve (12) month time extension for the reservation of twenty (20) affordable
ROGO allocations, approved by the Monroe County Board of Commissioners ("BOCC")
Resolution 231-2021, attached hereto as Exhibit A.
The Applicant applied for the reservation of twenty (20) affordable ROGO allocations
.2
W
pursuant to Monroe County Land Development Code Section 138-24(b)(2) for the proposed a
development of employee housing on the property located on Big Coppitt Key currently having X
W
property Identification Numbers 00120940-000000 and 00120940-000301. The Applicant's
request was approved by the BOCC at a regularly scheduled meeting on July 21,2021, for a period
of twelve (12) months, said period expires on July 21, 2022. 2.1
0
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The Applicant is requesting a twelve (12) month time extension of Resolution 231-2021 0W
in order to comply with all required Federal and State environmental requirements, and 0
Monroe County building permit requirements. The Applicant is coordinating with South Florida 0
Water Management District ("SWFMD") and the United States Army Corps of Engineers
("USACOE")in order to receive all required environmental permits for the project. The time frame
E
for the issuance of SWFMD and USACOE permits is approximately six (6) months to twelve
(12) months. Once the applicant has been approved and issued the required SWFMD and
USACOE permits, an application for a building permit shall be submitted for review and approval
with the Monroe County Building Department.
(00255753-v1 1 '138 &IMONT(Drq S1..REET KEY WEST, FLORIDA 33040 LJ,S,A,
T 305-296--7227 F 305-296-84-48 SMFFHFWA/KS.00M Page I of 2
1 Packet Pg. 3636
S.8.d
Emily Schemper, Planning Director
Request for Time Extension (Resolution#231-2021)
March 4, 2022
Page 2 of 2
In order to comply with all Federal and State environmental regulations and develop the
twenty (20) desperately needed employee housing dwelling units, the applicant is requesting that CL
the BOCC grant a twelve (12) month time extension to BOCC Resolution 231-2021, thereby U
granting sufficient time for the Applicant to receive the required SFWMD and USACOE permits,
and the required Monroe County Building Permit.
If you require anything further, or have any questions and/or concerns, please do not
hesitate to contact our office. as
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Sincerely,
. ..„. ,w... 0
134E Smith
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B W S/JG/bg
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Enclosure
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Ilze Aguila, Senior Planning Commission Coordinator M
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1 �
2 RESOLUTION NO. 231 -2021
3
4 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
5 COMMISSIONERS APPROVING THE RESERVATION OF TWENTY
6 (20) AFFORDABLE ROGO ALLOCATIONS (20 MODERATE-
7 INCOME CATEGORY) FOR PROPOSED EMPLOYEE HOUSING
8 DWELLING UNITS ON PROPERTY OWNED BY DICKERSON
9 GROUP INC. LOCATED AT SECTION 21, TOWNSHIP 67 SOUTH,
10 RANGE 26 EAST, BIG COPPITT KEY, CURRENTLY HAVING
11 PROPERTY IDENTIFICATION NUMBERS 00120940-000000 AND
12 00120940-000301, AS REQUESTED BY SMITHIHAWKS, P.L., IN ITS
13 CAPACITY AS AUTHORIZED AGENT FOR THE PROPERTY
14 OWNER DICKERSON GROUP INC., UNTIL JULY 21, 2022, FOR CN
15 BUILDING PERMIT ISSUANCE. C19
16
17 WHEREAS,the State of Florida and all local governments in the Florida Keys(each subject to i"'
18 Area of Critical State Concern mandates relating to housing affordability) recognize the need for
19 affordable housing throughout the state and particularly in the Florida Keys where developable land for 0
20 housing is extremely limited and expensive:and
21 cs
22 WHEREAS,the challenge of providing affordable housing opportunities in the Florida Keys is
23 one requiring sensible and responsive use of residential unit allocations, including implementation of
24 long-term preservation mechanisms: and
25
26 WHEREAS, due consideration should be given to relevant factors such as the capacity for
27 allocation recipients to promptly transform allocation awards/reservations into finished and occupied
28 affordable/workforce housing units; and U)
29
30 WHEREAS, Section 138-24(b)(2) of the Monroe County Land Development Code allows X
31 the BOCC to authorize reservations for "specific affordable or employee housing projects �
32 participating in a federal/state housing financial assistance or tax credit program or receiving some form
33 of direct financial assistance from the county upon written request from the project sponsor and approved
34 by resolution of the Board of County Commissioners";and
35
36 WHEREAS,the current property owner(s) Dickerson Group Inc., by and through Smith1Hawks,
37 P,1— in its capacity as authorized agent for said current property owner(s), is proposing to develop the
38 property(ies) with twenty(20)affordable-employee housing units. and
39
40 WHEREAS,the reservation of affordable housing allocations for the anticipated project does not
41 exempt the project from applicable requirements for the Monroe County Land Development Regulations,
42 the Florida Building Code,and other regulatory requirements;and
43
i
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I WHEREAS,Dickerson Group Inc. shall obtain all required approvals from (lie Monroe County
2 Planting and Environmental Resources Department for the project.and CL
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4 WHEREAS, Dickerson Group Inc. shall obtain permits for the affordable housing dwelling zsr
5 units by July 21.2022; if the permit for a reserved ROGO allocation housing unit is not issued by that
6 time.the allocation shall automatically revert to the County:
7 g
8 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
9 COMMISSIONERS OF MONROE COUNTY, FLORIDA: U)
10
11 Section 1. The foregoing recitals are true and correct,and are hereby incorporated as if
12 fully set forth herein.
13
14 Section 2. The Monroe County Planning and Environmental Resources Department shall
15 reserve twenty(20)affordable ROGO allocations(20 moderate-income category),for the project at U)
16 Section 2 L"Township 67 South, Range 26 Fast, Big Coppitt Key,on parcels currently having property
17 identification numbers 00120940-000000 and 00120940-000301, until July 21, 2022. es
18 6
19 Section 3. The developer must obtain the building permits for the twenty(20)affordable- C14
20 employee housing units on or before July 21, 2022. Q
21
22 Section 4. The developer shall comply with all Monroe County regulatory requirements,all
23 applicable Florida Building Code requirements,and with any and all requirements of all other regulatory
24 agencies.
25 E
26 Section 5. The Planning and Environmental Resources Department and Building
27 Department staffs are hereby authorized to expeditiously process permit-related applications for the 2
28 above referenced project when received. ,
29 U)
30 Section 6, Construction and Interpretation. This resolution and its interpretation shall be
31 liberally construed and enforced in favor of Monroe County to effectuate its public purpose(s)and
32 policy(ies)of the County.The construction and interpretation of this resolution and all Monroe County
33 Comprehensive Plan provision(s),Florida Building Code, Florida Statutes, and Monroe County Code(s)
34 provision(s)whose interpretation arises out of, relates to, or is interpreted in connection with this
35 resolution shall be liberally construed and enforced in favor of Monroe County to effectuate its public
36 purpose(s)and policy(ies)of the County,and shall be construed in favor of the Monroe County Board of
37 County Commissioners and such construction and interpretation shall be entitled to great weight in 9=
0
38 adversarial administrative proceedings, at trial, bankruptcy, and on appeal.
39
40 - Section 7.No Liability.Monroe County expressly reserves and in no way shall be deemed to
41 have waived,for itself or for its officer(s), employee(s),or agent(s), any sovereign, governmental, and
42 any other similar defense, immunity,exemption, or protection against any suit,cause-of-action,demand,
43 or liability.
44
45 Section 8. Severability.If any provision of this resolution,or any part or portion thereof, is
46 held to be invalid or unenforceable by any administrative hearing officer or court of competent
47 jurisdiction,the invalidity or unenforceability of such provision, or any part or portion thereol,shall
48 neither limit nor impair the operation, enforceability, or validity of any other provision of this resolution,
Packet Pg. 3640
S.8.d
I or any remaining part(s)or portion(s)thereof.All other provisions of this resolution,and remaining
2 part(s)or portion(s)thereof. shall continue unimpaired in full force and etJect. CL
3 0
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4 PASSED AND ADOPTED by the Board of Cou"N Commissioners of Monroe County. Florida
5 at a regular meeting held on the 21" day of July,2021.
ti
7 Mayor Michelle Coldiron Yes
S Mayor Pro Tern David Rice Yes �
9 Commissioner Craig Cates Yes
10 Commissioner Eddie Martinez Yes
11 Commissioner Mike Forster Yes
12
13 BOARD OF COUNTY COMMISSIONERS OF MONROE
14 COUNTY. FLORIDA
16 BY:
ich ]le c iron
19 ` .(SEXL)� �s MONAOE 02_ ATTORNEY CN
2t] ' APP TO FORM `N
21 ATl' KF.Vf ADOK, C RK C14
22 -v
23 AS DEPUTY C ERK PETER MORRIS M
ASSISTANT COUNTY ATTORNEY
Date: 61 1 1 0
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