Resolution 185-2023 , ' f✓YtrF
2 RESOLUTION NO. 185 -2023
3
4 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
5 COMMISSIONERS APPROVING THE RESERVATION EXTENSION
6 OF TWENTY-EIGHT (28) AFFORDABLE HOUSING ROGO
7 ALLOCATIONS CONSISTING OF TWELVE(12)LOW-INCOME AND
8 SIXTEEN (16) MODERATE-INCOME CATEGORY ALLOCATIONS
9 FOR A PROPOSED AFFORDABLE-EMPLOYEE HOUSING
10 DWELLING UNIT DEVELOPMENT ON SUGARLOAF KEY ON
11 PROPERTY LEGALLY DESCRIBED AS TRACT"A",REVISED PLAT
12 OF AMENDED PLAT OF SUGARLOAF SHORES SECTION F,
13 CURRENTLY BEARING PROPERTY IDENTIFICATION NUMBER
14 00166976-011300, UNTIL MAY 17, 2024, FOR BUILDING PERMIT
15 ISSUANCE.
16
17 WHEREAS,the State of Florida and all local governments in the Florida Keys recognize the
18 need for affordable housing throughout the state and particularly in the Florida Keys where
19 developable land for housing is extremely limited and expensive; and
20
21 WHEREAS,the challenge of providing affordable housing opportunities in the Florida Keys
22 is one requiring sensible and responsive use of residential unit allocations, including implementation
23 of long-term preservation mechanisms; and
24
25 WHEREAS, due consideration should be given to relevant factors such as the capacity for
26 allocation recipients to promptly transform allocation awards/reservations into finished and occupied
27 affordable-workforce housing units; and
28
29 WHEREAS, the developers have legitimate needs for some assurance that allocations are in
30 fact and will remain available and/or justified for a reasonable time so that follow-through on initial
31 commitments will in fact be justified; and
32
33 WHEREAS, Section 138-24(b)(2) of the Monroe County Land Development Code
34 ("LDC") allows the Monroe County Board of County Commissioners ("Board", "BOCC",
35 "Monroe County", or the "County") to authorize reservations for "specific affordable or
36 employee housing projects participating in a federal/state housing financial assistance or tax credit
37 program or receiving some form of direct financial assistance from the county upon written request
38 from the project sponsor and approved by resolution of the Board of County Commissioners"; and
39
I WHEREAS, at a regularly scheduled public meeting held on November 20, 2018,the BOCC
2 adopted Resolution No. 410-2018, reserving sixty (60) affordable ROGO allocationsi under LDC
3 Section 138-24(b)(2), consisting of 27 low-income and 33 moderate-income category allocations
4 for the proposed affordable-employee dwelling unit development,to expire if building permits were
5 not obtained by November 20, 2019; and
6
7 WHEREAS, at a regularly scheduled public meeting held on January 22, 2020, the BOCC
8 adopted Resolution No. 027-2020, reserving twenty-seven (27) low-income category and thirty-
9 three (33) moderate-income category affordable ROGO allocations under LDC Section 138-
10 24(b)(2) , for the proposed affordable-employee housing dwelling unit development, to expire if
11 building permits were not obtained by November 20, 2020; and
12
13 WHEREAS, at a regularly scheduled public meeting held on January 20, 2021, the BOCC
14 adopted Resolution No. 030-2021, reserving twenty-seven (27) low-income category and thirty-
15 three (33) moderate-income category affordable ROGO allocations under Section 138-24(b)(2) of
16 the Monroe County LDC, for the proposed affordable-employee dwelling unit development, to
17 expire if building permits were not obtained by November 20, 2021; and
18
19 WHEREAS, at a regularly scheduled public meeting held on November 17, 2021,the BOCC
20 adopted Resolution No. 439-2021, reserving twenty-seven (27) low-income category and thirty-
21 three (33) moderate-income category affordable ROGO allocations under Section 138-24(b)(2) of
22 the Monroe County LDC, for the proposed affordable-employee dwelling unit development, to
23 expire if building permits were not obtained by May 17, 2023; and
24
25 WHEREAS, Lower Keys Community Center Corporation (the "Applicant" or "LKCCC")
26 has been awarded Low Income Housing Tax Credit("LIHTC") financial assistance from the Florida
27 Housing Finance Corporation ("FHFC")to offset the costs of its proposed 60-unit development(the
28 "development" or the "project"); and
29
30 WHEREAS, as part of the LIHTC application, the FHFC required the Applicant to
31 have obtained the necessary ROGO allocations ("ROGOs") and for Monroe County to execute a
32 verification that verifies that the applicant has obtained the necessary ROGOs; and
33
34 WHEREAS,Monroe County LDC Section 138-24(b)allows reservation of affordable ROGO
35 allocations by the Board for specific housing programs, which includes FHFC, LIHTC, and SAIL;
36 and
37
38 WHEREAS, on or about December 16, 2020, the Monroe County Planning Commission
39 approved the owner's request for a major conditional use permit for development of the proposed
40 housing units on the property, via Resolution Nos. P35-20 and P36-20; and
41
42 WHEREAS, on February 5, 2021, a group of property owners on Sugarloaf Key individually
43 and through the entities Sugarloaf Shores Property Owners Association Inc., South Point
44 Homeowners LLC, and "Lower Density for Lower Sugarloaf, LLU) (collectively "Neighborhood
45 Opponents") filed an administrative appeal of Planning Commission Resolution No. P35-20 to the
i I.e., affordable-employee.
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I Florida Division of Administrative Hearings ("DOAH")P35-20, and attempted to perfect an appeal
2 of Planning Commission Resolution No. P36-20 to the BOCC; and
3
4 WHEREAS, on July 22, 2021, DOAH Administrative Law Judge ("ALJ") E. Gary Early
5 issued a Final Order in DOAH Case No. 21-0494 in favor of Monroe County and the Applicant and
6 against the Neighborhood Opponents and denied the appeal by the Neighborhood Opponents and
7 affirmed the Planning Commission's decision to issue major conditional use permit approval
8 memorialized pursuant to Planning Commission Resolution No. P35-20; and
9
10 WHEREAS, on or about August 23, 2021,the Neighborhood Opponents then filed an appeal
11 of the DOAH ALJ's Final Order to the Circuit Court appellate division. Before a decision from the
12 Circuit Court could be reached,the Applicant and the Neighborhood Opponents on or about January
13 3, 2023, agreed to settle their dispute through a Settlement Agreement recorded at Book 3208,Page
14 1980, Document No. 2403832, of the Official Records of Monroe County, in which those parties
15 mutually agreed to, inter alia, settle on up to twenty-eight(28)units of affordable employee housing
16 to be developed in a modified form on the subject property; and
17
18 WHEREAS, on or about January 11, 2023,the Circuit Court case was dismissed, and also on
19 January 11, 2023,those of or associated with the Neighborhood Opponents `withdrew' their attempt
20 to pursue an appeal of Planning Commission Resolution No. P36-20 to the BOCC; and
21
22 WHEREAS, LKCCC has been pursuing the project but is requesting a eighteen (18)-month
23 extension of the reservation; and
24
25 WHEREAS,thereservation of affordable housing allocations forthe anticipated project,does
26 not exempt the project from applicable requirements for the Monroe County land development
27 regulations, Building Code, and other regulatory requirements; and
28
29 WHEREAS, LKCCC shall obtain all required approvals from the Monroe County Planning
30 and Environmental Resources Department for the project; and
31
32 WHEREAS, LKCCC shall obtain permits for the affordable-employee housing dwelling
33 units by May 17, 2024; if the permit(s) are not issued, the allocations shall automatically revert by
34 operation of law to Monroe County;
35
36 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
37 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
38
39 Section 1. The foregoing recitals, findings of fact, conclusions of law, and statements of
40 purpose and legislative intent are true and correct, and are hereby incorporated as if fully set forth
41 herein.
42
43 Section 2. The Monroe County Planning and Environmental Resources Department
44 ("Department") shall reserve twenty-eight(28) affordable housing ROGO allocations, consisting of
45 twelve (12) low-income and sixteen (16) moderate-income category allocations, for the Monroe
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I County project on Tract"ARevised Plat of Amended Plat of Sugarloaf Shores Section F, Sugarloaf
2 Key, for the above-referenced afford able-employee housing development until May 17, 2024.
3
Section 3. nter wetation.The interpretation of this Resolution, and all provisions of the
5 Monroe County Codes, Comprehensive Plan, floodplain management regulations, and Florida
6 Building Code whose interpretation arises out of, relates to, or is interpreted in connection with this
7 Resolution, shall be construed in favor of the Monroe County BOCC, and such interpretations shall
8 be entitled to great weight in adversarial administrative proceedings, at trial, and on appeal.
9
10 Section 4. Severabii i v i i ,and SurvivalProvisions. If any provision
11 of this Resolution, or any section, subsection, or part or portion thereof, is held to be invalid or
12 unenforceable by any administrative hearing officer or court of competent jurisdiction, the invalidity
13 or unenforceability of such provision, or part or portion thereof, shall neither limit nor impair the
14 operation, enforceability, or validity of any other provisions of this Resolution, or any remaining
15 section(s),subsection(s),part(s),or portion(s)thereof All other provisions,parts,and portions thereof
16 shall continue unimpaired in full force and effect.
17
18 Section 5. Non-Reliancey Third-parties. No person or entity shall be entitled to rely
19 upon the terms, or any of them, of this Resolution to enforce or attempt to enforce any third-party
20 claim(s) or entitlement(s) to or benefit(s) of any service(s), to (s), or program(s) contemplated
21 hereunder; and
22
23 Section 6. The developer must obtain the building permits for the affordable/employee
24 housing units on or before May 17, 2024.
25
26 Section 7. The developer shall comply with all Monroe County requirements, all
27 applicable Building Code requirements, and any other oversight agencies.
28
29 Section 8. The professional staff of the Department and of the Monroe County Building
30 Department are hereby authorized to process expeditiously permit related applications for the above
31 referenced project when received.
32
33 at a regular meeting of the Board of County Commissioners of
3 0 ®' Con ;.Florida, held on the 17''day of May, 2023.
35 U-1
Mayor Craig Cates, District I Yes
Mayor Pro Tern Holly Merrill Raschein, District 5 Yes
Commissioner Michelle Lincoln, District 2 Yes
(21
Commissioner James K. Scholl, District 3 Yes
Commissioner David Rice, District 4 Yes
'®~ A OK, CLERK BOARD OF COI TY COMMISSIONERS
9Po`o , OF MONRO " JNTY, FL IDA
.._.._.__._... __......_._.w__._w...-....._. -----._.® By: MONROE CO ATTORNEY
As Deputy Clerk Ma C APP 7= TO FOR
of 4
PETER MORRIS
ASSISTANT COUNTY ATTORNEY
Date: _5120-1—