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Item J6 J6 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE u,.. 9 Mayor Craig Cates,District I The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5 Michelle Lincoln,District 2 - James K. Scholl,District 3 ' David Rice,District 4 Board of County Commissioners Meeting June 21, 2023 Agenda Item Number: J6 2023-1146 BULK ITEM: Yes DEPARTMENT: Planning & Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Emily Schemper AGENDA ITEM WORDING: Approval of a Resolution Reserving Ten (10) Low-Income Affordable Housing ROGO Allocations, Pursuant to Monroe County Code Section 138-24(b)(1), For Habitat for Humanity of the Upper Keys, Inc.'s Proposed Construction of Ten Affordable-Employee Housing Single Family Dwelling Units on Sites To Be Determined Within Unincorporated Monroe County, Until June 21, 2027. ITEM BACKGROUND: Habitat for Humanity of the Upper Keys, Inc., has submitted a request to the Planning & Environmental Resources Department for the reservation of ten (10) low income affordable ROGO allocations pursuant to Monroe County Land Development Code Section 138-24(b)(1). Habitat for Humanity of the Upper Keys, Inc., is a 501(c)3 not-for-profit organization engaged in the construction of affordable housing in the Upper Keys, and has developed over 40 affordable housing units in the Upper Keys (see list of projects attached), all at the Low and Very Low income levels. The County currently has 35 Affordable ROGO allocations available for potential reservation for qualifying entities. The County has worked closely with Habitat in the past to coordinate land acquisition and ROGO allocations for their construction of affordable single family homes. Habitat for Humanity of the Upper Keys, Inc., currently has 15 units in their build pipeline that should be complete by December of 2024. They could begin development of the ten (10)requested units in 2025. Although sites are not yet identified, they anticipate future acquisition of vacant parcels for development as sites become available. Habitat plans to work with the Monroe County Land Authority to identify and obtain parcels in order to utilize the affordable permits, and they have a strategic plan in place that will allow the organization to have the financial capacity to build out these affordable units, with a predicted timeline of all permits issued roughly by 2027. Given the limited number of affordable ROGO allocations remaining in unincorporated Monroe County, Habitat for Humanity of the Upper Keys, Inc., is requesting reservation now of ten(10)units through June 21, 2027 so that they can continue their mission to provide affordable single family housing to residents of the Upper Keys. 3263 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 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 fonproft 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 April 12, 2017, the BOCC approved donation of Lots 16 & 17, Block 6, Holiday Homesites, Key Largo, to Habitat for Humanity of the Upper Keys for construction of affordable housing. On August 18, 2021, the BOCC adopted Resolution 263-2021, reserving two Moderate-Income Affordable Housing ROGO Allocations, for the construction of two affordable housing dwelling units at 110 Poinsettia Drive, Lots 16 & 17, Block 6, Holiday Homesites, Key Largo, having property identification number 00530750-000000 until August 18, 2023. On April 16, 2021, the BOCC adopted Resolution 167-2021 approving the inventory of county-owned real property which may be appropriate for affordable housing. On May 18, 2022, the BOCC directed staff to prepare a resolution to effectuate the transfers of the two county-owned parcels (Block 6, Lots 14 and 15, Holiday Homesites Subdivision) to Habitat for 3264 Humanity of the Upper Keys, Inc., for the construction of two affordable housing dwelling units. On June 15, 2022, the BOCC approved the donation/transfer of two properties (Block 6, Lots 14 and 15, Holiday Homesites Subdivision) to Habitat for Humanity of the Upper Keys, Inc., and the reservation of two affordable ROGO allocations for development of two affordable housing dwellings on the lots. CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Staff recommends approval. DOCUMENTATION: Habitat Upper properties developed 2003-2022.pdf RESO_Habitat Upr_Keys_l0_units.pdf Request from HfHUK for AFH reservations June 2023.pdf FINANCIAL IMPACT: n/a 3265 Habitat for Humanity of the Upper Keys, Inc. Building houses in partnership with God's people in need May 3, 2022 Monroe County Planning & Environmental Resources Department Attn: Emily Schemper 2798 Overseas Highway, Suite 400 Marathon, FL 33050 Dear Ms. Schemper, In conjunction with the land donation request made on April 27, 2022, 1 would like to provide a historical review of the properties that Habitat for Humanity of the Upper Keys (HfHUK) has developed within the last 10+ years. Please see the below: ar ; Address Occupancy % of Area'Media Income 2003 987 Valencia, Key Largo Occ 4(2 adults,2 children) Very Low(50%)to Low(80%) 985 Valencia, Key Largo Occ. 3( 1 adult,2 children) Very Low(50%)to Low(80%) 23 N End Rd, Key Largo Occ 4(1 adult, 3 children) Very Low(50%)to Low(80%) 2006 21 N End Rd, Key Largo Occ 2(1 adult, 1 child) Very Low(50%)to Low(80%) 982 Gibraltar, Key Largo Occ 3(1 adult, 2 children) Very Low(50%)to Low(80%) 986 Gibraltar, Key Largo Occ 4(2 adults, 2 children) Very Low(50%)to Low(80%) 2008 702 Sharon Place, Key Largo Occ 4(2 adults,2 children) Very Low(50%)to Low(80%) 15 Rose Place, Key Largo Occ 4(2 adults, 2 children) Very Low(50%)to Low(80%) 98980 Overseas Hwy Unit 1,Key Largo Occ 5(2 adults, 3 children) Very Low(50%)to Low(80%) 98981 Overseas HwyUnit 2, Key Largo Occ 1 (1 adult) Very Low(50%)to Low(80%) 2010 98982 Overseas HwyUnit 3, Key Largo Occ 1 (1 adult) Very Low(50%)to Low(80%) 98983 Overseas Hwy Unit 4, Key Largo Occ 2(1 adult, 1 child) Very Low(50%)to Low(80%) 98984 Overseas Hwy Unit 5, Key Largo Occ 5( 1 adult, 4 children) Very Low(50%)to Low(80%) 2013 23 E First Street, Key Largo Occ 3(2 adults, 1 child) Very Low(50%)to Low(80%) 2014 31 E Second Street, Key Largo Occ 3(2 adults, 1 child) Very Low(50%)to Low(80%) 114 First Street,Key Largo Occ 5(2 adults, 3 children) Very Low(50%)to Low(80%) 2015 116 First Street,Key Largo Occ 4(2 adults, 2 children) Very Low(50%)to Low(80%) 112 First Street,Key Largo Occ 4(2 adults,2 children) Very Low(50%)to Low(80%) HABITAT FOR HUMANITY OF THE UPPER KEYS INC.1S A 501-C(3)NON-PROFIT ORGANIZATION OUR TAX 1D NUMBER IS 65-0169353 OUR STATE REGISTRATION NUMBER IS CH17219.A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL INFORMATION MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES BY CALLING TOLL FREE (800)435-7352 WITHIN THE STATE,REGISTRATION DOES NOT IMPLY ENDORSEMENT,APPROVAL OR RECOMMENDATION BY THE STATE. (305)453-0050 * P.O. Box 2151,Key Largo,FL 33037 * info@habitatupperkeys.org 3266 118 First Street,Key Largo Occ 3(1 adult,2 children) Very Low(50%)to Low(80%) 2016 110 First Street,Key Largo Occ 4(2 adults,2 children) Very Low(50%)to Low(80%) N. Marlin Avenue, Key Largo Occ 4(2 adults,2 children) Very Low(50%)to Low(80%) 2018 10 Fisherman's Trail, Key Largo Occ 4(2 adults,2 children) Very Low(50%)to Low(80%) 84771 Overseas Highway(8 rental units) Rentals x 8 Very Low(50%)to Low(80%) 2020 84772 Overseas HwyUnit 310, Islamorada Occ 2(2 adults) Very Low(50%)to Low(80%) 84773 Overseas HwyUnit 201, Islamorada Occ 2(1 adult, 1 child) Very Low(50%)to Low(80%) 88670 Overseas Highway Unit 1,Tavernier TBD TBD 2022 88670 Overseas Highway Unit 2,Tavernier Occ 3(1 adult,2 children) Very Low(50%)to Low(80%) 88670 Overseas Highway Unit 3,Tavernier TBD TBD 88670 Overseas Highway Unit 4,Tavernier Occ 4(1 adult, 3 children) Very Low(50%)to Low(80%) As you can see HfHUK has provided more than 40 housing units, all within the very low and low area median income limits as set forth by HUD and Monroe County throughout the years. We aim to continue to provide affordable housing for people in need within the community in this income range. The aforementioned land donation will help make that possible. Thank you in advance for your kind consideration and recommendation to the Board of County Commissioners. Kind Regards, Lindsay Fast Executive Director, Habitat for Humanity of the Upper Keys HABITAT FOR HUMANITY OF THE UPPER KEYS INC.IS A SO]-C(3)NON-PROFIT ORGANIZATION OUR TAX ID NUMBER IS 65-0169353.OUR STATE REGISTRATION NUMBER IS CH17219 A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL INFORMATION MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES BY CALLING TOLL FREE (800)435-7352 WITHIN THE STATE.REGISTRATION DOES NOT IMPLY ENDORSEMENT,APPROVAL OR RECOMMENDATION BY THE STATE (305)453-0050 * P.O.Box 2151,Key Largo, FL 33037 * info@habitatupperkeys.org 3267 Y �K� � �B Mau 1T 'Wy t iri a "0, 2 RESOLUTION NO. -2023 3 4 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY 5 COMMISSIONERS APPROVING THE RESERVATION OF TEN LOW 6 INCOME CATEGORY AFFORDABLE ROGO ALLOCATIONS FOR 7 PROPOSED AFFORDABLE HOUSING DWELLING UNITS ON 8 PROPERTIES TO BE DETERMINED WITHIN UNINCORPORATED 9 MONROE COUNTY, AS REQUESTED BY HABITAT FOR 10 HUMANITY OF THE UPPER KEYS,INC.,UNTIL JUNE 21,2027,FOR 11 BUILDING PERMIT ISSUANCE. 12 13 WHEREAS, the State of Florida and all local governments in the Florida Keys (each subject to 14 Area of Critical State Concern mandates relating to housing affordability) recognize the need for 15 affordable housing throughout the state and particularly in the Florida Keys where developable land for 16 housing is extremely limited and expensive; and 17 18 WHEREAS, the challenge of providing affordable housing opportunities in the Florida Keys is 19 one requiring sensible and responsive use of residential unit allocations, including implementation of 20 long-term preservation mechanisms; and 21 22 WHEREAS, due consideration should be given to relevant factors such as the capacity for 23 allocation recipients to promptly transform allocation awards/reservations into finished and occupied 24 affordable/workforce housing units; and 25 26 WHEREAS, Section 138-24(b)(2) of the Monroe County Land Development Code allows 27 the BOCC to authorize reservations for "the county housing authority, nonprofit community 28 development organizations,pursuant to Section 139-1(e),and other public entities established to provide 29 affordable housing by entering into a memorandum of understanding with one or more of these 30 agencies"; and 31 32 WHEREAS, Habitat for Humanity of the Upper Keys, Inc., is proposing to develop ten 33 affordable-employee housing units; and 34 35 WHEREAS, the reservation of affordable housing allocation for the anticipated units does not 36 exempt the units from applicable requirements for the Monroe County Comprehensive Plan and Code(s), 37 the Florida Building Code, floodplain management regulations, and other like requirements; and 38 39 WHEREAS, Habitat for Humanity of the Upper Keys, Inc., shall obtain all required approvals 40 from the Monroe County Planning & Environmental Resources Department for the units; and 41 3268 I WHEREAS, Habitat for Humanity of the Upper Keys, Inc., shall obtain permits for the 2 affordable-employee housing dwelling units by June 21, 2027, but if the permit for a reserved ROGO I. allocation housing unit is not issued by that time, the allocation will revert to the County; 5 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: 8 Section 1. The foregoing recitals are true and correct, and are hereby incorporated as if fully set 18 forth herein. 11 Section 2. The Monroe County Planning Department shall reserve ten(10)low income category 12 affordable ROGO allocations, for Habitat for Humanity of the Upper Keys, Inc. ("Developer"), for 13 development of affordable-employee housing dwelling units on sites to be determined within unincorporated 1J Monroe County, until June 21,2027. 16 Section 3. The developer must obtain the building permits for the ten affordable housing units 19 on or before June 21, 2027. 19 Section 4. The developer shall comply with all provisions of the Monroe County Code(s), 20 Monroe County Comprehensive Plan, Florida Building Code, and shall comply with all applicable floodplain 41 management regulations, and any other oversight agencies and their respective regulatory requirements. 23 Section 5. The Planning and Environmental Resources Department and Building Department 24 staffs are hereby authorized to expeditiously process permit related applications for the above referenced 4gproject when received. 27 Section 6. Construction and Interpretation. The construction and interpretation of this 28 resolution and all Monroe County Comprehensive Plan provision(s),Florida Building Code, Florida Statutes, 29 and Monroe County Code(s) provision(s) whose interpretation arises out of, relates to, or is interpreted in 30 connection with this resolution shall be liberally construed and enforced in favor of Monroe County to 31 effectuate its public purpose(s) and policy(ies) of the County, and shall be deferred in favor of the BOCC and 32 such construction and interpretation shall be entitled to great weight in adversarial administrative proceedings, �J at trial,bankruptcy, and on appeal. 35 Section 7. No Liability. Monroe County expressly reserves and in no way shall be deemed to 36 have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign, governmental, and any 37 other similar defense, immunity, exemption, or protection against any suit, cause-of-action, demand, or J 6 liability. 40 Section 8. Severability. If any provision of this resolution, or any part or portion thereof, is 41 held to be invalid or unenforceable by any administrative hearing officer or court of competent jurisdiction, 42 the invalidity or unenforceability of such provision,or any part or portion thereof,shall neither limit nor impair 43 the operation, enforceability, or validity of any other provision of this resolution, or any remaining part(s) or 44 portion(s) thereof. All other provisions of this resolution, and remaining part(s) or portion(s) thereof, shall ig continue unimpaired in full force and effect. 47 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida J§ at a regular meeting held on the 21 sr day of June, 2023. 50 Mayor Craig Cates 51 Mayor Pro Tem Holly Merrill Raschein 52 Commissioner David Rice 53 Commissioner James Scholl �5 Commissioner Michelle Lincoln 56 BOARD OF COUNTY COMMISSIONERS OF MONROE 57 COUNTY, FLORIDA 58 BY: 59 Mayor Craig Cates 60 3269 1 2 3 MONSOE COUNTY ATTORNEY 4 (SEAL) AP VED �` i 5 ATTEST: KEVIN MADOK, CLERK : 6 7 AS DEPUTY CLERK 3270 Habitat for Humanity of'the Upper Keys, Inc. Building houses in partnership with God's people in need June 9, 2023 Monroe County Planning & Environmental Resources Department Attn: Emily Schemper 2798 Overseas Highway, Suite 400 Marathon, FL 33050 RE: Available Affordable Housing ROGO Allocation Request Dear Ms. Schemper, It has come to the attention of Habitat for Humanity of the Upper Keys (HfHUK) that there are Affordable ROGO Allocations available within Monroe County, and herein we would like to express our interest and request that ten (10) be reserved for our 501(c)3 non-profit organization. HfHUK was established in 1989, and since then has built 52 affordable housing units in the Upper Keys, serving Key Largo, Tavernier and Islamorada. Currently we have a construction pipeline that will take us to 2025, which we would like to extend with these additional affordable allocations. Our current pipeline is as follows: * 24 Hibiscus Street, Key Largo - 1 unit, estimated completion August 2023 • Valencia Street, Key Largo - 1 unit, estimated completion June 2024 • 292 Gardenia Street, Tavernier- 9 units, estimated completion September 2024 * Poinsettia, Key Largo - 4 units, estimated completion December 2024 • Wrenn Street, Tavernier-4 units, estimated completion 2025. In conjunction with this request, we plan to work with the Monroe County Land Authority to identify and obtain parcels in order to utilize these affordable permits. HABITAT FOR HUMANITY OF THE UPPER KEYS INC.IS A 501-C(3)NON-PROFIT ORGANIZATION. OUR TAX ID NUMBER IS 65-0169353.OUR STATE REGISTRATION NUMBER IS CH17219.A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL INFORMATION MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES BY CALLING TOLL FREE (800)435-7352 WITHIN THE STATE.REGISTRATION DOES NOT IMPLY ENDORSEMENT,APPROVAL OR RECOMMENDATION BY THE STATE. (305)453-0050 * P.O. Box 2151, Key Largo, FL 33037 * info@habitatupperkeys.org 3271 HfHUK has a strategic plan in place that will provide us with the financial capacity to build out these affordable units. We anticipate that we would be able to complete our current pipeline and utilize these additional units roughly by 2027, bringing more housing online as rapidly as possible. HFHUK serves very low to low income families and individuals and is an equal housing opportunity. These housing units will help address the area of critical state concern and provide housing within proximity to employment per the statute. The plan would be to utilize our standard 3-bedroom, 2-bathroom design pending any adjustments necessary based on the individual property layout. HfHUK is always grateful to work with Monroe County and is extremely appreciative of all of the County's support. To that end, and in order to fulfill this ROGO reservation request, HFHUK is willing to enter into a Memorandum of Understanding. Thank you for your consideration of this request and I look forward to hearing from you and potentially working with you on this project. Kind Regards, L ndsay Fast Executive Director, Habitat for Humanity of the Upper Keys HABITAT FOR HUMANITY OF THE UPPER KEYS INC.IS A 501-C(3)NON-PROFIT ORGANIZATION. OUR TAX ID NUMBER IS 65-0169353.OUR STATE REGISTRATION NUMBER IS CH 17219.A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL INFORMATION MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES BY CALLING TOLL FREE (800)435-7352 WITHIN THE STATE.REGISTRATION DOES NOT IMPLY ENDORSEMENT,APPROVAL OR RECOMMENDATION BY THE STATE. (305)453-0050 * P.O. Box 2151, Key Largo, FL 33037 * info@habitatupperkeys.org 3272