Resolution 184-2023 , ' f✓YtrF
2 RESOLUTION NO. 184 -2023
3
4 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
5 COMMISSIONERS APPROVING THE RESERVATION EXTENSION
6 OF TWENTY-EIGHT (28) AFFORDABLE' LOW-INCOME
7 CATEGORY ROGO ALLOCATIONS FOR AN AFFORDABLE-
8 EMPLOYEE HOUSING DWELLING UNIT DEVELOPMENT ON
9 SUGARLOAF KEY, MONROE COUNTY, ON PROPERTY
10 DESCRIBED AS TRACT `B", REVISED PLAT OF AMENDED PLAT
11 OF SUGARLOAF SHORES SECTION F, CURRENTLY HAVING
12 PROPERTY IDENTIFICATION NUMBER 00166976-011400, UNTIL
13 MAY 17, 2024, FOR BUILDING PERMIT ISSUANCE.
14
15 WHEREAS,the State of Florida and all local governments in the Florida Keys recognize the
16 need for affordable housing throughout the state and particularly in the Florida Keys where
17 developable land for housing is extremely limited and expensive; and
18
19 WHEREAS,the challenge of providing affordable housing opportunities in the Florida Keys
20 is one requiring sensible and responsive use of residential unit allocations, including implementation
21 of long-term preservation mechanisms; and
22
23 WHEREAS, due consideration should be given to relevant factors such as the capacity for
24 allocation 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
28 fact and will remain available and/or justified for a reasonable time so that follow-through on initial
29 commitments will in fact be justified; and
30
31 WHEREAS, Section 138-24(b)(2) of the Monroe County Land Development Code
32 ("LDC") allows the Monroe County Board of County Commissioners ("Board", "BOCC",
33 "Monroe County", or the "County") to authorize reservations for "specific affordable or
34 employee housing projects participating in a federal/state housing financial assistance or tax credit
35 program or receiving some form of direct financial assistance from the county upon written request
36 from the project sponsor and approved by resolution of the Board of County Commissioners"; and
37
38 WHEREAS, at a regularly scheduled public meeting held on November 20, 2018,the BOCC
39 adopted Resolution No. 411-2018, reserving twenty-eight (28) low-income category affordable
40 ROGO allocations under Section 138-24(b)(2) of the Monroe County LDC, for the proposed
i I.e., affordable-employee housing.
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I affordable-employee housing dwelling unit development, to expire if building permits were not
2 obtained by November 20, 2019; and
3
4 WHEREAS, at a regularly scheduled public meeting held on January 22, 2020, the BOCC
5 adopted Resolution No. 028-2020, reserving twenty-eight (28) low-income category affordable
6 ROGO allocations under Section 138-24(b)(2) of the Monroe County LDC, for the proposed
7 affordable-employee housing dwelling unit development, to expire if building permits were not
8 obtained by November 20, 2020; and
9
10 WHEREAS, at a regularly scheduled public meeting held on January 20, 2021, the BOCC
11 adopted Resolution No. 029-2021, reserving twenty-eight (28) low-income category affordable
12 ROGO allocations under Section 138-24(b)(2) of the Monroe County Land Development Code,
13 for the proposed affordable-employee housing dwelling unit development, to expire if building
14 permits were not obtained by November 20, 2021; and
15
16 WHEREAS, at a regularly scheduled public meeting held on November 17, 2021,the BOCC
17 adopted Resolution No. 438-2021, reserving twenty-eight (28) low income category affordable
18 ROGO allocations under Section 138-24(b)(2) of the Monroe County Land Development Code,
19 for the proposed affordable-employee housing dwelling unit development, to expire if building
20 permits were not obtained by May 17, 2023; and
21
22 WHEREAS, Lower Keys Community Center Corp. has been awarded Low Income Housing
23 Tax Credit("LIHTC") financial assistance from the Florida Housing Finance Corporation ("FHFC")
24 to offset the costs of its proposed 28-unit development(the"development" or the "project"); and
25
26 WHEREAS, as part of the LIHTC application, FHFC required the applicant to have
27 obtained the necessary ROGO allocations ("ROGOs") and for Monroe County to execute a
28 verification that verifies that the applicant has obtained the necessary ROGOs; and
29
30 WHEREAS, Monroe County Code LDC Sec. 138-24(b) allows reservation of affordable
31 ROGO allocations by the Board for specific housing programs,which includes FHFC, LIHTC, and
32 SAIL; and
33
34 WHEREAS, on or about December 16, 2020, the Monroe County Planning Commission
35 approved the owner's request for a major conditional use permit for development of the proposed
36 housing units on the property, via Resolution Nos. P35-20 and P36-20; and
37
38 WHEREAS, on February 5, 2021, a group of property owners on Sugarloaf Key individually
39 and through the entities Sugarloaf Shores Property Owners Association Inc., South Point
40 Homeowners LLC, and "Lower Density for Lower Sugarloaf, LLC") (collectively "Neighborhood
41 Opponents") filed an administrative appeal of Planning Commission Resolution No. P35-20 to the
42 Florida Division of Administrative Hearings ("DOAH")P35-20, and attempted to perfect an appeal
43 of Planning Commission Resolution No. P36-20 to the BOCC; and
44
45 WHEREAS, on July 22, 2021, DOAH Administrative Law Judge ("ALJ") E. Gary Early
46 issued a Final Order in DOAH Case No. 21-0494 in favor of Monroe County and the Applicant and
47 against the Neighborhood Opponents and denied the appeal by the Neighborhood Opponents and
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I affirmed the Planning Commission's decision to issue major conditional use permit approval
2 memorialized pursuant to Planning Commission Resolution No. P35-20; and
3
4 WHEREAS, on or about August 23, 2021,the Neighborhood Opponents then filed an appeal
5 of the DOAH ALJ's Final Order to the Circuit Court appellate division. Before a decision from the
6 Circuit Court could be reached,the Applicant and the Neighborhood Opponents on or about January
7 3, 2023, agreed to settle their dispute through a Settlement Agreement recorded at Book 3208,Page
8 1980, Document No. 2403832, of the Official Records of Monroe County, in which those parties
9 mutually agreed to, inter alia, settle on up to twenty-eight(28)units of affordable employee housing
10 to be developed in a modified form on the subject property; and
11
12 WHEREAS, on or about January 11, 2023,the Circuit Court case was dismissed, and also on
13 January 11, 2023,those of or associated with the Neighborhood Opponents `withdrew' their attempt
14 to pursue an appeal of Planning Commission Resolution No. P36-20 to the BOCC; and
15
16 WHEREAS, LKCCC is requesting a one (1) year extension of the reservation in order to
17 proceed with development consistent with the settlement it reached with its Neighborhood
18 Opponents; and
19
20 WHEREAS,thereservation of affordable housing allocations forthe anticipated project,does
21 not exempt the project from applicable requirements for the Monroe County Land Development
22 Regulations, Building Code and other regulatory requirements; and
23
24 WHEREAS, LKCCC shall obtain all required approvals from the Monroe County Planning
25 and Environmental Resources Department("Department") for the project; and
26
27 WHEREAS, LKCCC shall obtain building permits for the affordable-employee housing
28 dwelling units by May 17, 2024; if the permit(s) are not issued, the allocations shall automatically
29 revert by operation of law to Monroe County;
30
31 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
32 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
33
34 Section 1. The foregoing recitals, findings of fact, conclusions of law, and statements of
35 purpose and legislative intent are true and correct, and are hereby incorporated as if fully set forth
36 herein.
37
38 Section 2. The Monroe County Planning Department shall reserve twenty-eight (28)
39 affordable ROGO allocations, consisting of twenty-eight (28) low income category allocations, for
40 the Monroe County project on Tract"B", Revised Plat of Amended Plat of Sugarloaf Shores Section
41 F, Sugarloaf Key until May 17, 2024.
42
43 Section 3. Interpretation. The interpretation of this Resolution, and all provisions of the
44 Monroe County Codes, Comprehensive Plan, floodplain management regulations, and Florida
45 Building Code whose interpretation arises out of, relates to, or is interpreted in connection with this
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I Resolution, shall be construed in favor of the Monroe County BOCC, and such interpretations shall
2 be entitled to great weight in adversarial administrative proceedings, at trial, and on appeal.
3
Section 4. Severabilitv,Partialva i and Survival of Provisions. If any provision
5 of this Resolution, or any section, subsection, or part or portion thereof, is held to be invalid or
6 unenforceable by any administrative hearing officer or court of competent jurisdiction, the invalidity
7 or unenforceability of such provision, or part or portion thereof, shall neither limit nor impair the
8 operation, enforceability, or validity of any other provisions of this Resolution, or any remaining
9 sectio (s),ssectio (s),part(s),or portion(s)thereof. All other provisions,parts,and portions thereof
10 shall continue unimpaired in full force and effect.
11
12 Section 5. Non-Reliance by Third-Parties. No person or entity shall be entitled to rely
13 upon the tenns, or any of them, of this Resolution to enforce or attempt to enforce any third-party
14 claim(s) or entitlement(s) to or benefit(s) of any service(s), to (s), or program(s) contemplated
15 hereunder; and
16
17 Section 6. The developer must obtain the building pen-nits for the affordable/employee
housing units on or before May 17, 2024.
20 Section 7. The developer shall comply with all Monroe County requirements, all
21 applicable Building Code requirements, and any other oversight agencies.
22
23 Section 8. The professional staff of the Department and of the Monroe County Building
24 Department are hereby authorized to process expeditiously pen-nit related applications for the above
25 referenced project when received.
26
27 PASSED AND ADOPTED at a regular meeting of the Board of County Commissioners of
28 Monroe County, Florida, held on the 17`h day of May, 2023.
29
Mayor Craig Cates, District 1 Yes
Mayor Pro Tern Holly Merrill Raschein, District 5 Yes
Commissioner Michelle Lincoln, District 2 Yes
Commissioner James K. Scholl, District 3 Yes
Commissioner David Rice, District 4 Yes
BOARD OF ("OU COMMISSIONERS
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By:
ayor'Craig ....,aces r�.
ONAOE CO ATT017N _x: 7
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KFVIN ADOK., CI..,ERK
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PETER MORRIS
:. ASSISTANT COUNTY ATTORNEY
AS DEPUTY CLERKY, ®,
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