Item M1 MI
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5
Michelle Lincoln,District 2
James K.Scholl,District 3
m' David Rice,District 4
Board of County Commissioners Meeting
November 8, 2023
Agenda Item Number: M1
2023-1730
BULK ITEM: Yes DEPARTMENT: Planning & Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper
AGENDA ITEM WORDING:
Approval of a Resolution extending the reservation of two (2) Moderate-Income Affordable Housing
ROGO Allocations, previously approved by Resolution No. 263-2021, pursuant to Monroe County
Land Development Code Section 138-24(b)(1), for the construction of two affordable housing dwelling
units at 110 Poinsettia Dr., Lots 16 & 17, Block 6, Holiday Homesites, Key Largo, currently having
Property Identification Numbers 00530750-000000 and 00530750-000100, until August 18, 2024.
ITEM BACKGROUND:
On August 18, 2021, the Board of County Commissioners ("BOCC") adopted Resolution No. 263-2021,
approving the reservation of two (2) moderate-income affordable housing ROGO allocations for Habitat
for Humanity of the Upper Keys, Inc. ("Habitat") for the construction of two (2) affordable housing
dwelling units on Lots 16 & 17, Block 6, Holiday Homesites, Key Largo, currently having Property
Identification Number 00530750-000000,pursuant to Monroe County Land Development Code
("LDC") Section 138-24(b)(1).
The parcel has subsequently been split into two parcels: Lot 16 (currently bearing Property
Identification Number 00530750-000000) and Lot 17 (currently bearing Property Identification
Number 00530750-000100). Habitat has submitted a request to the Planning & Environmental
Resources Department for a 1-year extension to this reservation through August 18, 2024.
Habitat for Humanity of the Upper Keys is proposing to develop two (2) affordable housing units on
property Monroe County deeded to Habitat for Humanity of the Upper Keys, Inc.
Relevant Land Development Code Provision:
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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-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 April 12, 2017, the BOCC approved the transfer of three(3) county-owned parcels to Habitat for
Humanity of the Upper Keys, Inc.
On August 18, 2021, the BOCC adopted Resolution No. 263-2021, approving the reservation of 2
moderate income affordable housing allocations until August 18, 2023.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
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Approval.
DOCUMENTATION:
Habitat Ext Request 08.29.2023.pdf
Resolution 2021-263 BOCC Reservation Habitat Upr 00530750.pdf
RESO00530750-000000BOCC2023.pdf
FINANCIAL IMPACT:
N/A
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ti9r�j�r
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Habitat for Humanity of the Upper Keys, Inc.
Building houses in partnership with God's people in need
August 24, 2023
Monroe County Planning & Environmental Resources
Attn: Emily Schdmper
2798 Overseas Hwy., Suite 410
Marathon, FL 33050
Dear Emily,
Habitat for Humanity of the Upper Keys would like to request a building permit extension for Lots 16 &
17, Block 6, Holiday Homesites, Key Largo, real estate parcel number 00530750-000000.
Based on our current construction pipeline, we feel confident that we can start this project within a year,
so we kindly ask for the permit to be extended until August 18, 2024.
We look forward to developing this property for affordable housing, as it's needed locally now more
than ever and appreciate your efforts to assist our organization.
Sin erely„
Lindsay Fast, E ecutive 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 NL.IMBP R IS("15 0169353,01,�R S A tl 9 R]t,9S I RA"1 1Wa N NI NMBER IS("1 R 17'?19 A C!'DPY C)1 "I kdll4 Cbl"�G"1AI�RP,tn1ST1 A'1 IfY AND FINANCIAL
INFORMATION MAY BIi C)&I"&A1NIu C @;JIOM°1 HF DIVISR)NOF CONSUMER S9RV1('A S BY CALLIN(I TOT tl 1 RFE G"NtbC1)I35'-7357 Wl'IWN 7PI9;STA"I'I,.
1 ECISTRA°0 ION DOES NOT IMPI,-Y EN1)(aRSEI'Mh.NT,AIIPII(.VAL kJ9t.RFCOMMI NDA"110N 1:IY I10"'STA°I"Na„
(305)453-0050 * P.O.Box 2151,Key Largo,FL 33037 * info@habitatupperkeys.org
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2 RESOLUTION NO. _263_-2021
3
4 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
5 COMMISSIONERS APPROVING THE RESERVATION OF TWO
6 MODERATE INCOME CATEGORY AFFORDABLE ROGO
7 ALLOCATIONS FOR PROPOSED AFFORDABLE HOUSING
8 DWELLING UNITS ON PROPERTY LOCATED AT 110 POINSETTIA
9 DRIVE, LOTS 16 AND 17, BLOCK 6, HOLIDAY HOMESITES, KEY
10 LARGO APPROXIMATE MILE MARKER 100, HAVING PROPERTY
11 IDENTIFICATION NUMBER 00530750-000000, AS REQUESTED BY
12 THE PROPERTY OWNER HABITAT FOR HUMANITY OF THE
13 UPPER KEYS, INC., UNTIL AUGUST 18, 2023 FOR BUILDING
14 PERMIT ISSUANCE.
15
16 WHEREAS,the State of Florida and all local governments in the Florida Keys (each
17 subject to Area of Critical State Concern mandates relating to housing affordability)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,Monroe County Land Development Code("LDC") Section 138-24(b)(1)allows
30 the BOCC to authorize reservations for "the county housing authority, nonprofit community
31 development organizations, pursuant to Section 139-1(e), and other public entities established to
32 provide affordable housing by entering in to a memorandum of understanding with one or more of
33 these agencies;" and
34
35 WHEREAS, LDC Section 138-24(b)(2) allows the BOCC to authorize reservations for
36 "specific affordable or employee housing projects participating in a federal/state housing financial
37 assistance or tax credit program or receiving some form of direct financial assistance from the county
38 upon written request from the project sponsor and approved by resolution of the Board of County
39 Commissioners," and
40
41 WHEREAS, Habitat for Humanity of the Upper Keys, Inc., is proposing to develop the
42 property with two (2) affordable housing units; and
43
1
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I WHEREAS, on April 12, 2017, the BOCC approved a request by Habitat for Humanity of
2 the Upper Keys, Inc., for the donation of three county-owned parcels, lots 16 and 17 of the Holiday
3 Homesites Subdivision and lot 3 of Winston Park Subdivision; and
4
5 WHEREAS,Habitat for Humanity of the Upper Keys, Inc., obtained ownership of the subject
6 property through a County Deed Bargain and Sale from Monroe County; and
7
8 WHEREAS,the reservation of affordable housing allocation for the anticipated project does
9 not exempt the project from applicable requirements for the Monroe County Land Development
10 Regulations, Building Code and other regulatory requirements; and
11
12 WHEREAS,Habitat for Humanity of the Upper Keys,Inc.,shall obtain all required approvals
13 from the Monroe County Planning & Environmental Resources Department for the project; and
14
15 WHEREAS, Habitat for Humanity of the Upper Keys, Inc., shall obtain permits for the
16 affordable housing dwelling units by August 18, 2023; if the permit for a reserved ROGO allocation
17 housing unit is not issued by that time, the allocation will revert to the County;
18
19 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
20 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
21
22 Section 1. The foregoing recitals are true and correct, and are hereby incorporated as if
23 fully set forth herein.
24
25 Section 2. The Monroe County Planning Department shall reserve two (2) moderate
26 income category affordable ROGO allocations,for the project at 110 Poinsettia Dr,Key Largo,having
27 property identification number 00530750-000000 until August 18, 2023.
28
29 Section 3. The developer must obtain the building permits for the two affordable housing
30 units on or before August 18, 2023.
31
32 Section 4. The developer shall comply with all Monroe County requirements, all
33 applicable Building Code requirements, and any other oversight agencies.
34
35 Section 5. The Planning and Building Department Staff is hereby authorized to process
36 expeditiously permit related applications for the above referenced project when received.
37
38 Section 6. Construction and Interpretation. This resolution and its interpretation shall
39 be liberally construed and enforced in favor of Monroe County to effectuate its public purpose(s) and
40 policy(ies) of the County. The construction and interpretation of this resolution and all Monroe
41 County Comprehensive Plan provision(s), Florida Building Code, Florida Statutes, and Monroe
42 County Code(s) provision(s) whose interpretation arises out of, relates to, or is interpreted in
43 connection with this resolution shall be liberally construed and enforced in favor of Monroe County
44 to effectuate its public purpose(s) and policy(ies) of the County, and shall be deferred in favor of the
45 BOCC and such construction and interpretation shall be entitled to great weight in adversarial
46 administrative proceedings, at trial, bankruptcy, and on appeal.
47
48 Section 7. No Liability. Monroe County expressly reserves and in no way shall be
49 deemed to have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign,
2
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I governmental, and any other similar defense, inimunity, exemption, or protection against ally Alit,
2 cause-of-action, demand, or liability.
3
4 Section 8. Severabiti�+. Ifany provision of thiS tCSOILIti011, or any hart or portion
5 thereof, is held to be invalid or unen!orceable by any administrative hearing officer or court of
6 conlpelent jurisdiction, tile invalidity Or Ullellftirceability of such provision, or any part or portion
7 thereol", shall neither limit nor impair tile operation, enforceability, or validity of any other provision
8 ofthis resolution,or any remaining part(s')or portion(s)thereof All other provisioivs ofthis resolution,
9 and reiriaining part(s) or portion(s)thereof, shall COntinUe Unimpaired in full force and effect.
10
I I PASSED AND ADOPTED by the Board of (m"ounty Commissioners of Monroe COUJIt)',
12 Florida at a regular meeting held oil the I 8th day of ALIgust, 2021..
13
14 Mayor Michelle Coldiron Yes
15 Mayor Pro Tern D:avid Rice Yes.------,
16 Comm issioner Craig Cates Kes__._
17 Comniissioner Eddie Martinez ---Yes
18 1 ssioner,M i ke Forster Absent
19
20 BOARD OF COUNTY Q ",PVwrT,57,s'l0Ntt, 3 7 MONROE
21 COUNTY, H R I D��A
22 BY:
23 Mayor Michelle Coldiron
24
25 (S EIA L) MONROE CO ATT01INEY
APP�10 TO F011M
26 ATFES`P K["'V�N MADOK, CLERK
27
ASSI$TANT COUNTY'ATTOFINEY
28 ®. _m AW. ...a._ _.. �. _
29
3 C-1 L HR K 0 D
Date': 8/3/21
4
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2 RESOLUTION NO. -2023
3
4 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
5 COMMISSIONERS APPROVING THE EXTENSION OF
6 RESERVATION OF TWO MODERATE INCOME CATEGORY
7 AFFORDABLE ROGO ALLOCATIONS FOR PROPOSED
8 AFFORDABLE HOUSING DWELLING UNITS ON PROPERTY
9 LOCATED ON LOTS 16 AND 17, BLOCK 6, HOLIDAY HOMESITES,
10 KEY LARGO, APPROXIMATE MILE MARKER 100, CURRENTLY
11 HAVING PROPERTY IDENTIFICATION NUMBERS 00530750-000000
12 AND 00530750-000100, AS REQUESTED BY HABITAT FOR
13 HUMANITY OF THE UPPER KEYS, INC., AS PROPERTY OWNER,
14 UNTIL AUGUST 18, 2024, FOR BUILDING PERMIT ISSUANCE.
15
16 WHEREAS,the State of Florida and all local governments in the Florida Keys (each subject
17 to Area of Critical State Concern mandates relating to housing affordability) recognize the need for
18 affordable housing throughout the state and particularly in the Florida Keys where developable land
19 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,Monroe County Land Development Code("LDC") Section 138-24(b)(1)allows
30 the Board of County Commissioners ("BOCC") to authorize reservations for "the county housing
31 authority, non-profit community development organizations,pursuant to Section 139-1(e), and other
32 public entities established to provide affordable housing by entering in to a memorandum of
33 understanding with one or more of these agencies"; and
34
35 WHEREAS, LDC Section 138-24(b)(2) allows the BOCC to authorize reservations for
36 "specific affordable or employee housing projects participating in a federal/state housing financial
37 assistance or tax credit program or receiving some form of direct financial assistance from the county
38 upon written request from the project sponsor and approved by resolution of the Board of County
39 Commissioners"; and
40
41 WHEREAS, Habitat for Humanity of the Upper Keys, Inc., is proposing to develop the
42 property with two (2) affordable housing units; and
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I WHEREAS, on April 12, 2017, the BOCC approved a request by Habitat for Humanity of
2 the Upper Keys, Inc., for the donation of three county-owned parcels, lots 16 and 17 of the Holiday
3 Homesites Subdivision and lot 3 of Winston Park Subdivision; and
4
5 WHEREAS,Habitat for Humanity of the Upper Keys,Inc., obtained ownership of the subject
6 property through a County Deed Bargain and Sale from Monroe County; and
7
8 WHEREAS, on August 18, 2021, the BOCC adopted Resolution No. 263-2021, approving
9 the reservation of two (2) moderate-income affordable housing until August 18, 2023; and
10
11 WHEREAS,the reservation of affordable housing allocations for the anticipated project does
12 not exempt the project from applicable requirements for the Monroe County Comprehensive Plan,
13 Land Development Code, Florida, Building Code, and/or other regulatory requirements; and
14
15 WHEREAS,Habitat for Humanity of the Upper Keys,Inc.,shall obtain all required approvals
16 from the Monroe County Planning & Environmental Resources Department for the project; and
17
18 WHEREAS, Habitat for Humanity of the Upper Keys, Inc., shall obtain building permits for
19 the affordable housing dwelling units by August 18, 2024; if the permit for a reserved ROGO
20 allocation housing unit is not issued by that time, the allocation shall revert to the County;
21
22 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
23 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
24
25 Section 1. Recitals and Legislative Intent. The foregoing findings and determinations are true
26 and correct and are hereby incorporated as if fully set forth herein.
27
28 Section 2. Construction and Interpretation. This Resolution is necessary for the health, safety,
29 and welfare of the residents of and visitors to the county. This Resolution and its
30 interpretation shall be liberally construed and enforced in favor of Monroe County to
31 effectuate its County public purpose(s). The construction and interpretation of this
32 Resolution and all Monroe County Comprehensive Plan provision(s), Florida
33 Statute(s), and Monroe County Code(s) provision(s) whose interpretation arises out
34 of, relates to, or is interpreted in connection with this Resolution shall be liberally
35 construed and enforced in favor of Monroe County and such construction and
36 interpretation shall be entitled to great weight in adversarial administrative
37 proceedings, at trial, bankruptcy, and on appeal.
38
39 Section 3. The Monroe County Planning & Environmental Resources Department
40 ("Department") shall reserve two (2) moderate income category affordable ROGO
41 allocations, for the project at lots 16 and 17 of the Holiday Homesites Subdivision,
42 Key Largo, currently having property identification numbers 00530750-000000 and
43 00530750-000100, until August 18, 2024.
44
45 Section 4. The developer must obtain the building permits for the two (2) affordable housing
46 units on or before August 18, 2024.
47
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I Section 5. The developer shall comply with the Monroe County Comprehensive Plan, Land
2 Development Code, Florida Building Code, floodplain management regulations, and
3 any and all other requirements of Monroe County and/or State and/or Federal oversight
4 agencies.
5
6 Section 6. The Department and Monroe County Building Department and Floodplain
7 Management Office professional staff are hereby authorized to process expeditiously
8 permit related applications for the above referenced project when received.
9
10 Section 7. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. If any
11 portion of this Resolution, or any part or portion thereof, is held to be invalid or
12 unenforceable by any administrative hearing officer or court of competent jurisdiction,
13 the invalidity or unenforceability of such provision, or any part or portion thereof, shall
14 neither limit nor impair the operation, enforceability, or validity of any other provision
15 of this Resolution, or any remaining part(s) or portion(s)thereof. All other provisions
16 of this Resolution, and remaining part(s) or portion(s) thereof, shall continue
17 unimpaired in full force and effect.
18
19 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
20 Florida at a regular meeting held on the 81h day of November, 2023.
21
22 Mayor Craig Cates
23 Mayor Pro Tem Holly Merrill Raschein
24 Commissioner James Scholl
25 Commissioner Michelle Lincoln
26 Commissioner David Rice
27
28 BOARD OF COUNTY COMMISSIONERS OF MONROE
29 COUNTY, FLORIDA
30
31
32 By:
33 Mayor Craig Cates
34
35 ATTEST: KEVIN MADOK, CLERK
36 MONROE CO A onNEY
14- IS TO FORM
37
38 ro
39 AS DEPUTY CLERK ASSISTANTCCkUNTYATTORN Y
gate:,— 10/24/23
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