Item J3
Liz Yongue
From:Ballard-Lindsey <Ballard-Lindsey@MonroeCounty-FL.Gov>
Sent:Tuesday, December 12, 2023 2:58 PM
To:Gomez-Krystal; County Commissioners and Aides; Kevin Madok; Pamela G. Hancock;
Senior Management Team and Aides; Liz Yongue; InternalAudit
Cc:Gastesi-Roman; Shillinger-Bob; Williams-Jethon; Cioffari-Cheryl; Livengood-Kristen;
Rubio-Suzanne; Pam Radloff; County_Attorney; Allen-John; Danise Henriquez; Saenz-
Stephanie; Hurley-Christine; Rosch-Mark; Gambuzza-Dina; Beyers-John
Subject:Item J3 BOCC 12/13/2023 REVISED AGENDA ITEM WORDING & ITEM BACKGROUND
WORDING
Attachments:Cover Page with edits 12-12-2023 J3.pdf
Follow Up Flag:Follow up
Flag Status:Flagged
Good afternoon,
Please be advised, the following agenda item J3 has revised agenda item wording and item background wording.
“A Resolution Of The Monroe County Board Of County Commissioners Approving The Reservation Of Two (2) Three (3)
Moderate-Income Affordable Housing ROGO Allocations For Proposed Affordable Housing Dwelling Units, to be
developed as employer owned rental housing as defined in Land Development Code Section 101-1 and pursuant to LDC
Section 139-1(b)(6)k., at Brinton Environmental Center, Located at 23800 Overseas Highway, Summerland Key, Monroe
County, Florida, Currently Having Property Identification Number 00114850-000000, Until December 13, 2024, For
Building Permit Issuance.”
Cover page and agenda item back-up is attached for your convenience.
Sincerely,
Lindsey Ballard
Aide to Roman Gastesi, County Administrator
Business Manager - Administration
1100 Simonton Street, Suite 2-205
Key West, FL 33040
(305)292-4443 (Office)
(305)393-4442 (Cell Phone)
(305)292-4544 (Fax)
Courier Stop #1
Ballard-Lindsey@monroecounty-fl.gov
www.monroecounty-fl.gov
Monroe County, Florida
“The Florida Keys”
1
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J3
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5
The Florida Keys Mayor Pro Tern James K.Scholl,District 3
Craig Cates,District 1
Michelle Lincoln,District 2
David Rice,District 4
Board of County Commissioners Meeting
December 13, 2023
Agenda Item Number: J3
2023-1810
BULK ITEM: Yes DEPARTMENT: Planning & Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper
AGENDA ITEM WORDING:
A Resolution Of The Monroe County Board Of County Commissioners Approving The Reservation Of
Two (2) Moderate-Income Affordable Housing ROGO Allocations For Proposed Affordable Housing
Dwelling Units at Brinton Environmental Center, Located at 23800 Overseas Highway, Summerland
Key, Monroe County, Florida, Currently Having Property Identification Number 00114850-000000,
Until December 13, 2024, For Building Permit Issuance.
ITEM BACKGROUND:
The Boy Scouts of America('BSA") has applied for through Smith/Hawks P.L. the reservation of two
(2) moderate income affordable ROGO allocations pursuant to Monroe County Land Development
Code ("LDC") Section 138-24(b)(3), for property located at 23800 Overseas Hwy, Summerland Key,
commonly known as the Brinton Environmental Center.
The BSA would be required to obtain all necessary development approvals from Monroe County and
all applicable state and federal regulatory and other governmental requirements.
Per the Application: The applicant is a nongovernmental not-for-profit organization seeking to
redevelop portions of the Property by developing additional with above base flood institutional
residential units. Applicant is therefore requesting the reservation of[two (2)] affordable housing
ROGO[allocations]pursuant to Monroe County Land Development Code Section 138-24(b)(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" in order to permit the re-development at the Property.
The Applicant has indicated that Boy Scouts of America wishes to build two additional staff housing
units on the property, each having five bedrooms and a shared common living area, in order to
accommodate staff for increased programming and camper numbers. Previously,per Development
Order No. 02-03 (Monroe County Planning & Environmental Resources Department File No. 23002), a
conditional use permit was issued for the construction of two (2) new deed restricted affordable housing
units, to be used as employee housing, each with five bedrooms. The current proposal is similar, but
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has yet to be reviewed for amendment/deviation to the conditional use permit.
Salient 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-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:
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
A d Boyscouts reservation Request 10.23.PDF
BOCC_Reso_00114850-OOOOOO.pdf
FINANCIAL IMPACT:
N/A
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S 1 1""' 1"',
Barton W. Smith, Esq.
Jess Miles Goodall, Esq.
Telephone: (305)296-7227
Email: awks.com
JessL&SmithHawks.com
Brandi(&- SmithHawks.com
SENT VIA EMAIL
October 24, 2023
Emily Schemper, Senior Director
Monroe County Planning & Environmental Resources Department
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
Email: Scheinper-EinilyL&MonroeCounly-FL.Gov
RE: AMENDED - BOY SCOUTS OF AMERICA - ROGO RESERVATION REQUEST
FOR 23800 OVERSEAS HIGHWAY, SUMMERLAND KEY, FLORIDA
Dear Emily,
Pursuant to Monroe County Land Development Code Section 138-24(b)(2), our client,
Boy Scouts of America ("Applicant"), respectfully requests the reservation of two (2) moderate
affordable Rate of Growth Ordinance ("ROGO") allocations for Applicant's project on the
property located at 23800 Overseas Highway, Summerland Key, Florida; Monroe County Parcel
ID. No. 00114850-000000 ("Property"). Applicant is requesting said reservation for twelve (12)
months from the date of approval of the requested reservation.
Pursuant to a prior Minor Conditional Use Permit(DO 402-03) approved in 2003, and the
boundary survey signed and sealed by Frederick Hildebrandt, dated April 29, 2002,the Property's
upland acreage is approximately 7.69, which is sufficient to support the requested two moderate
(2) affordable ROGOs. Additionally, the two (2) moderate affordable housing dwelling units will
not be developed within a VE flood zone.
Applicant is a nongovernmental not-for-profit organization seeking to redevelop portions
of the Property by developing additional with above base flood institutional residential units.
Applicant is therefore requesting the reservation of the one(1) affordable housing ROGO pursuant
to Monroe County Land Development Code Section 138-24(b)(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" in order
to permit the re-development at the Property.
If you require anything further, please do not hesitate to contact our office.
Sincerely,
B3 a I
BWS/JG/bg
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1 rw w„yd ri
2 RESOLUTION NO. -2023
3
4
5 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
6 COMMISSIONERS APPROVING THE RESERVATION OF TWO (2)
7 MODERATE-INCOME AFFORDABLE HOUSING ROGO
8 ALLOCATIONS FOR PROPOSED AFFORDABLE HOUSING
9 DWELLING UNITS AT THE BRINTON ENVIRONMENTAL CENTER,
10 LOCATED AT 23800 OVERSEAS HIGHWAY, SUMMERLAND KEY,
11 MONROE COUNTY, FLORIDA, CURRENTLY HAVING PROPERTY
12 IDENTIFICATION NUMBER 00114850-000000, UNTIL DECEMBER
13 13, 2024, FOR BUILDING PERMIT ISSUANCE.
14
15 WHEREAS, the State of Florida and all local governments in the Florida Keys (each subject
16 to Area of Critical State Concern mandates relating to housing affordability) recognize the need for
17 affordable housing throughout the state and particularly in the Florida Keys where developable land
18 for housing is extremely limited and expensive; and
19
20 WHEREAS,the challenge of providing affordable housing opportunities in the Florida Keys
21 is one requiring sensible and responsive use of residential unit allocations, including implementation
22 of long-term preservation mechanisms; and
23
24 WHEREAS, due consideration should be given to relevant factors such as the capacity for
25 allocation recipients to promptly transform allocation awards/reservations into finished and occupied
26 affordable/workforce housing units; and
27
28 WHEREAS, in accordance with Monroe County Land Development Code ("LDC") § 138-
29 24(b)(3) the Monroe County Board of County Commissioners ("BOCC", "Board", "Monroe
30 County", or the "County") may authorize affordable housing ROGO allocation reservations
31 for "Specific affordable or employee housing projects sponsored by nongovernmental not-for-profit
32 organizations above upon written request from the project sponsor and approved by resolution of
33 the BOCC," and
34
35 WHEREAS, LDC § 138-24(b)(3) allows reservation of affordable ROGO allocations by the
36 Board for specific housing programs, which includes "Specific affordable or employee housing
37 projects sponsored by nongovernmental not-for-profit organizations above upon written request
38 from the project sponsor and approved by resolution of the BOCC"; and
39
40 WHEREAS,the reservation of affordable housing allocations for the anticipated project, does
41 not exempt the project from applicable requirements for the Monroe County Codes, Monroe County
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I Comprehensive Plan, Building Code(s), floodplain management regulations, and/or other federal,
2 state, and local requirements; and
3
4 WHEREAS, the applicant Boy Scouts of America ("BSA") shall obtain all required
5 approvals from the Monroe County Planning and Environmental Resources Department
6 ("Department") for this project; and
7
8 WHEREAS,the applicant BSA shall obtain permit for the affordable housing dwelling unit
9 by December 13, 2024; if the permits are not issued, the allocations shall automatically revert
10 back to the Monroe County BOCC by operation of law;
11
12 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
13 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
14
15 Section 1. The foregoing recitals are true and correct, and are hereby incorporated as if
16 fully set forth herein.
17
18 Section 2. Construction and Interpretation. The interpretation of this Resolution and
19 all floodplain management regulations, Florida Statutes, Florida Building Code(s), Monroe County
20 Comprehensive Plan, Monroe County Code(s), Florida Statutes, and Monroe County Code(s)
21 provisions whose interpretation arises out of, relates to, or is interpreted in connection with this
22 Resolution shall be liberally construed and enforced in favor of the BOCC and such interpretation
23 shall be entitled to great weight in adversarial administrative proceedings, at trial,bankruptcy, and on
24 appeal. To the extent of any conflict within one or more part(s), portion(s), or section(s) within this
25 Resolution and to the extent of any conflict within any part(s), portion(s), or section(s) of this
26 Resolution vis-a-vis any prior representation or agreement of any kind, approval, development order,
27 development permit, letter of understanding, or letter of development rights determination, the more
28 restrictive is deemed to be controlling.
29
30 Section 3. No Liability. Monroe County expressly reserves and in no way shall be
31 deemed to have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign,
32 governmental, and any other similar defense, immunity, exemption, or protection against any suit,
33 cause-of-action, demand, or liability.
34
35 Section 4. Non-Reliance by Third-Parties. No person or entity shall be entitled to rely
36 upon the terms, or any of them, of this Resolution to enforce or attempt to enforce any third-party
37 claim(s) or entitlement(s) to or benefit(s) of any term(s) contemplated hereunder.
38
39 Section 5. Severability.If any provision of this Resolution, or any part or portion thereof,
40 is held to be invalid or unenforceable by any administrative hearing officer or court of competent
41 jurisdiction, the invalidity or unenforceability of such provision, or any part or portion thereof, shall
42 neither limit nor impair the operation, enforceability, or validity of any other provision of this
43 Resolution, or any remaining part(s) or portion(s)thereof. All other provisions of this Resolution, and
44 remaining part(s) or portion(s) thereof, shall continue unimpaired in full force and effect.
45
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I Section 6. The Department shall reserve two (2) moderate income affordable housing
2 allocations, for the applicant BSA at the above-referenced Brinton Environmental Center located at
3 23800 Overseas Hwy, Summerland Key, currently having Property Identification No. 00114850-
4 000000, until December 13, 2024.
5
6 Section 7. The applicant must obtain the building permit for the affordable housing units
7 on or before December 13, 2024.
8
9 Section 8. The applicant shall comply with all local, state, and federal requirements,
10 including but not limited to all requirements of the Florida Building Code(s), Monroe County
11 Comprehensive Plan, Monroe County Code(s), and requirements of any and all oversight agencies.
12
13 Section 9. The professional staff of the Monroe County Planning and Environmental
14 Resources and Building Departments are hereby authorized to process expeditiously permit related
15 applications for the above referenced project when received.
16
17 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
18 Florida, at a duly noticed regularly scheduled public meeting held on the 13th day of December, 2023.
19
20 Mayor Holly Merrill Raschein
21 Mayor Pro Tem James K. Scholl
22 Commissioner Craig Cates
23 Commissioner David Rice
24 Commissioner Michelle Lincoln
25
26 BOARD OF COUNTY COMMISSIONERS OF MONROE
27 COUNTY, FLORIDA
28
29 By:
30 Mayor Holly Merrill Raschein
31 (SEAL)
32 (ATrOnNEY
�33 ATTEST: KEVIN MADOK, CLERK 'MOTO FORM
34
35
36 PrETER MORRIS
37 AS DEPUTY CLERK ASSISTANT COUNTY ATTORNEY
Date: 11/28/23
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