Item M2 M.2
Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS
�� Mayor David Rice,District 4
The Florida Keys � Mayor Pro Tem Craig Cates,District 1
y Michelle Coldiron,District 2
James K.Scholl,District 3
Ij Holly Merrill Raschein,District 5
County Commission Meeting
July 20, 2022
Agenda Item Number: M.2
Agenda Item Summary #10695
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 Reserving two (2) Moderate-Income
Affordable Housing ROGO Allocations, pursuant to Monroe County Code Section 138-24(b)(3), for
the Construction of Two Affordable Housing Dwelling Units as part of the Monroe County
Employee Housing Rental Program, at 28269 Julia Ave., Lots 8 & 9, Block 1, Amended Plat Ladies
Acre, Little Torch Key, currently having Property Identification Number 00222830-000000, until
July 20, 2027.
ITEM BACKGROUND: The Planning & Environmental Resources Department is requesting the
reservation of two (2) moderate income affordable ROGO allocations pursuant to Monroe County
Land Development Code Section 138-24(b)(4) for property located on 28269 Julia Ave., Little
Torch Key, for construction of two affordable housing dwelling units as part of the Monroe County
Employee Housing Rental Program, established by Resolution 155-2022.
The site currently has one (1) market rate ROGO Exemption, which will be transferred at a later date
to a different property, or moved to the Administrative Relief pool for market rate allocations.
The Monroe County Comprehensive Plan Land Authority (MCLA) is currently under contract to
purchase the property on Little Torch Key, at 28269 Julia Ave, for the purposes of affordable
workforce housing/employee housing. Prior to project initiation, the MCLA will transfer title of the
property to the Monroe County BOCC.
The property is on the bay side, near mile marker 28.5, with a legal description of Lots 8 and 9,
Block 1, Amended Plat Ladies Acres (PB 5-96) with Parcel ID Numbers 00222830-00000 outlined
in the aerial image below.
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On May 18, 2022, the Board of County Commissioners (BOCC) adopted resolution 155-2022,
establishing the Monroe County Employee Housing Rental Program for residential units owned by
the Monroe County BOCC which are rented to Monroe County employees at reasonable rental rates.
The Employee Housing Rental Program contemplates inclusion of future housing units which may
be developed by the County as deed restricted affordable housing units on land appropriate for
affordable housing.
Staff is recommending the reservation of two (2) Affordable ROGO allocation through July 20,
2027.
Relevant Land Development Code Provision:
Monroe County Code Section 138-24
(b) Reservation of affordable housing allocations. Notwithstanding the 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) 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,
(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
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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:
On May 18, 2022, the BOCC adopted Resolution 155-2022, establishing the Monroe County
Employee Housing Rental Program for residential units owned by the Monroe County BOCC which
are rented to Monroe County employees at reasonable rental rates.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Resolution
Resolution 155-2022 Monroe County Employee Housing Rental Program
FINANCIAL IMPACT:
Effective Date:
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:
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Insurance Required: NA
Additional Details:
REVIEWED BY:
Emily Schemper Completed 07/05/2022 12:27 PM
Peter Morris Completed 07/05/2022 3:34 PM
Purchasing Completed 07/05/2022 3:35 PM
Budget and Finance Completed 07/05/2022 4:43 PM
Brian Bradley Completed 07/05/2022 4:57 PM
Lindsey Ballard Completed 07/05/2022 5:04 PM
Board of County Commissioners Pending 07/20/2022 9:00 AM
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7 RESOLUTION NO. -2022
8
9 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
10 COMMISSIONERS APPROVING THE RESERVATION OF TWO (2)
Ll MODERATE INCOME AFFORDABLE ROGO ALLOCATIONS FOR
12 AFFORDABLE HOUSING DWELLING UNITS ON LITTLE TORCH KEY
13 FOR MONROE COUNTY ON PROPERTY DESCRIBED LOTS 8 AND 9,
14 BLOCK 1, AMENDED PLAT LADIES ACRES, LITTLE TORCH KEY, 00
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15 CURRENTLY HAVING PROPERTY IDENTIFICATION NUMBER 00222830- CN
16 000000 UNTIL JULY 20,2027. `N
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18 WHEREAS, the State of Florida and all local governments in the Florida Keys (each subject to Area
19 of Critical State Concern mandates relating to housing affordability)recognize the need for affordable housing
20 throughout the state and particularly in the Florida Keys where developable land for housing is extremely `
21 limited and expensive; and
22
23 WHEREAS, the challenge of providing affordable housing opportunities in the Florida Keys is one
24 requiring sensible and responsive use of residential unit allocations, including implementation of long-term
25 preservation mechanisms; and U)
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27 WHEREAS, due consideration should be given to relevant factors such as the capacity for allocation
28 recipients to promptly transform allocation awards/reservations into finished and occupied <
29 affordable/workforce housing units; and 0
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31 WHEREAS, the developers have legitimate needs for some assurance that allocations are in fact and
32 will remain available and/or justified for a reasonable time so that follow-through on initial commitments will
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33 in fact be justified; 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 U)
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39 WHEREAS,Monroe County has one (1)market rate ROGO Exemption on property currently having
40 property identification number 00222830-000000; and
41
42 WHEREAS, the one (1) market rate ROGO Exemption will be either transferred to a different
43 property, or placed in the Administrative Relief pool for market rate allocations at a later date; and
44
45 WHEREAS,Monroe County shall obtain all required approvals from the Monroe County Planning&
46 Environmental Resources Department for the project; and
47
48 WHEREAS,Monroe County shall obtain permits for the affordable housing dwelling units by July
49 20, 2027; if the permit is not issued, the allocations will revert to the County.
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I NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
2 COMMISSIONERS OF MONROE COUNTY,FLORIDA:
3
4 Section 1: The Monroe County Planning and Environmental Resources Department
5 ("Department") shall reservation for two (2) affordable ROGO allocations, consisting of two (2) moderate
6 income category allocations,for Monroe County Lots 8 &9, Block 1,Amended Plat Ladies Acre,Little Torch
7 Key, currently having Property Identification Number 00222830-000000 until July 20, 2027.
8
9 Section 2: The developer must obtain the building permit(s) for the two (2) affordable housing
10 units on or before July 20,2027.
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12 Section 3: The developer shall comply with all Monroe County requirements, all applicable
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13 Building Code requirements, and any other oversight agencies. c00
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15 Section 4: The Department and Building Department professional staff are hereby authorized to
16 process expeditiously permit related applications for the above referenced project when received.
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18 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a
19 regular meeting held on the 20th day of July 2022.
20
21 Mayor David Rice
22 Mayor Pro Tern Craig Cates
23 Commissioner Michelle Coldiron U)
24 Commissioner James K. Scholl
25 Commissioner Holly Merrill Raschein U-
26 0
27 BOARD OF COUNTY COMMISSIONERS OF MONROE
28 COUNTY, FLORIDA
29 By:
30 Mayor David Rice U
31 (SEAL) MONROE COUNTY ATTORNEY
32 ATTEST: KEVIN MADOK, CLERKA Tj
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33 a �_ �
34 AS DEPUTY CLERK U)
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MONROE COUNTY, FLORIDA BOARD
OF COUNTY COMMISSIONERS
RESOLUTION NO. 155 -2022
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A RESOLUTION OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS ("BOCC") ESTABLISHING THE
MONROE COUNTY EMPLOYEE HOUSING RENTAL <
PROGRAM FOR RESIDENTIAL UNITS OWNED BY THE 0
MONROE COUNTY BOCC WHICH ARE RENTED TO MONROE
COUNTY BOCC AND MONROE COUNTY SHERIFF'S OFFICE
EMPLOYEES AT REASONABLE RENTAL RATES. U
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1 WHEREAS, the Monroe County Board of County Commissioners ("BOCC", "Board"
2 "Monroe County", or the"County") currently offers a number of County-owned housing units to its
3 employees for long-term lease, but this has not yet been formally established, by resolution, as an
4 official BOCC affordable employee housing program; and
5 ass
6 WHEREAS, the BOCC currently owns four (4) housing units which have been rented to
7 County and Monroe County Sheriff's Office employees at reasonable rental rates to assist with
8 employee retention and to assist with on-site management of certain sites (such as parks and 0
9 beaches); and
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11 WHEREAS, certain BOCC-owned units, although not subject to specific deed restriction, 0.
12 are rented to said employees at reasonable rental rates that have been approved by the BOCC when W
13 leases with said employees are approved; and
14
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15 WHEREAS, certain County-owned units are subject to affordable housing deed restrictions U
16 per Monroe County Land Development Code ("Code" or "LDC") Section 139-1 and are therefore 0-
17 rented to said employees who meet applicable tenant income limits at rental rates not to exceed the 0
18 maximum allowed by the Code; and 2
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20 WHEREAS, the County has also partnered with the Monroe County Housing Authority LO
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21 ("MCHA") to develop and manage additional deed-restricted affordable housing units throughout
22 the county; and
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24 WHEREAS, the County has acquired close to twenty (20) parcels of land since Hurricane
25 Irma made landfall in 2017, and is in the process of constructing additional deed-restricted
26 affordable employee housing units that may be either included in the employee housing rental
27 program, or may be managed by the MCHA as referenced above;
28 cis
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1 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 00
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2 COMMISSIONERS OF MONROE COUNTY, FLORIDA: N
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4 Section 1. Recitals and Legislative Intent. The foregoing recitals and statements of legislative
5 intent are true and correct and are hereby incorporated as if fully set forth herein.
6
7 Section 2. A "Monroe County Employee Housing Rental Program" (the "program") is hereby
8 established, subject to the following guidelines and requirements:
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10 1. The program shall consist of housing units owned by the Monroe County Board of
11 County Commissioners ("BOCC", "Board", "Monroe County", or the "Board") and U)
12 rented/leased to Monroe County BOCC non-probationary employees, and Monroe W
13 County Sheriff s Office employees where necessary for security purposes, as determined X
14 by the Board from time to time by resolution.
15 2. The BOCC's inventory of units within the program is: 0
16 (a.) 382 Caribbean Ave.; Unit A; Key Largo, FL
17 (b.) 382 Caribbean Ave.; Unit B; Key Largo, FL
18 (c.) 41 Judy Place; Key Largo, FL U
19 (d.) 701 Sands Road; Big Pine Key, FL 2
20 3. Units will be leased at rates determined by the Board from time to time by resolution. E
21 4. The program units deed restricted as affordable employee housing under LDC Section 0
22 139-1 must comply with income limits, maximum rental rates, and all other requirements
23 of the Code, and shall be subject to all qualification and monitoring requirements of the
24 Code.
25 5. New units may be added to the program by BOCC-approved Resolution as they are
26 acquired and/or constructed, and become available for lease.
27 6. Staff is hereby authorized to implement this program according to the foregoing
28 guidelines and/or requirements, including by creating and administering non-legislative X
29 rules,policies,processes, and procedures, relating to, arising out of, or in connection 0
30 with the program, including but not limited to leases, qualification when required 2
31 income qualification when required, etc. E
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32 7. Only non-probationary employees are eligible. When a unit is available, the County will W
33 offer the tenancy as directed by the BOCC. Rental rates shall be established. Occupancy
34 may be targeted to a specific variety of staff(for example, a housing unit located at a 0
35 park may be rented to park maintenance staff to assist the County with streamlined park 0
36 operations). Letters of recommendation from interested applicants' Department heads
37 must be provided by such applicants. Applicants will be initially selected by lottery. If 0
38 there are applicable requirements to qualify (for example, income requirements), each N
39 person or persons initially selected by lottery will be reviewed to ensure qualification and Q
40 income eligibility to ensure the person can meet the salient restriction(s) and/or LO
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41 requirement(s). If the person initially selected by lottery does not meet a materially
42 relevant restriction or qualification requirement, the next person(s) in numerical order
43 will become the operative initially selected person(s), and that process shall proceed,
44 until an eligible person or persons who can meet all such requirements/restrictions is/are 0
45 chosen.
46
47 Section 3. Construction and Interpretation. This Resolution, being necessary for the
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48 health, safety, and welfare of the residents of and visitors to Monroe County, shall be liberally
49 construed to effect(uate) the public purpose(s) hereof. Interpretation of this Resolution shall be
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1 construed in favor of the Monroe County Board of County Commissioners, and such construction and N
2 interpretation shall be entitled to great weight in adversarial administrative proceedings, at trial, in
3 bankruptcy, and on appeal.
4
5 Section 4. Non-Reliance by Non-Parties and No Third-Party Rights or Beneficiaries.
6 Nothing contained herein shall create or be construed or interpreted to create any relationship,
7 contractual or otherwise, with, or any rights in favor of, any third party. No person or entity shall be
8 entitled to rely upon this Resolution or any provision hereof to enforce or attempt to enforce any claim
9 or entitlement to or benefit of any service or program contemplated hereunder. 2.1
10
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11 Section 5. Section Headings. Section headings have been inserted into this Resolution as
12 a matter of convenience of reference only, and shall not be used in the interpretation or construction
13 of this Resolution or any part thereof.
14
15 Section 6. No Liability. Monroe County expressly reserves and in no way shall be
16 deemed to have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign,
17 governmental, and other similar defense, immunity, exemption, or protection against any suit, cause- J
18 of-action, demand, or liability.
19
20 Section 7. Severability.If any provision of this Resolution, or any part or portion thereof,
21 is held to be invalid or unenforceable by any administrative hearing officer or court of competent
22 jurisdiction, the invalidity or unenforceability of such provision, or any part or portion thereof, shall
23 neither limit or impair the operation, enforceability, or validity of any other provision of this
24 Resolution, or any remaining part(s) or portion(s)thereof.All other provisions of this Resolution and
25 remaining part(s) or portion(s)thereof, shall continue unimpaired in full force and effect.
26
27 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at
28 a duly noticed regularly scheduled public meeting of the BOCC held on the 18t"day of May, 2022.
29
30 Mayor David Rice Yes 2
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31 Mayor Pro Tern Craig Cates Yes
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32 Commissioner Michelle Coldiron Yes
33 Commissioner James Scholl Yes
34 Q°� Commissioner Holly Merrill Raschein Yes 0
35 0
36 23 BOARD OF COUNTY COMMISSIONERS
37 OF MONROE COUNTY,FLORIDA 0
38 — _ �
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CN 39 By:
40 .,�o�N,r s�� Mayo avid Rice
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42 ATTEST: KEVIN MADOK, CLERK 0
43 NROE GO
MO ATTbRNEY' �' -
44 By: APP O. TO:FORM == 'r
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45 S DEP TY CLERK
PETER MORRIS -'
ASSISTANTT-COUNTY ATTORNEIL
Date: 5/3/22
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