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Item I3 I3 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 March 20, 2024 Agenda Item Number: I3 2023-2213 BULK ITEM: Yes DEPARTMENT: Planning & Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Emily Schemper AGENDA ITEM WORDING: Approval of a Resolution Approving a Request from J Jade Development Inc. ("Developer") to Extend the Developer's Existing Reservation of One (1) Moderate- Income Affordable Housing ROGO Allocation,pursuant to Monroe County Land Development Code Section 138-24(b)(6), for One (1)Affordable-Employee Housing Unit Located at 3100 Overseas Highway, Part of Lots(s) 1 and 2, Block 3, Bay Point Amended Plat, Saddlebunch Key, Monroe County, Florida, Currently Having Property Identification No. 00160140-000000. ITEM BACKGROUND: Smith/Hawks P.L., on behalf of J Jade Development Inc., is requesting a six (6) month extension of the reservation of one(1) moderate income employee/affordable ROGO allocation pursuant to Monroe County Land Development Code ("LDC") Section 138-24(b)(6) in order complete and record the required binding legal instruments for permit issuance to construct an employee housing unit to meet the nonresidential inclusionary workforce housing requirements on property at 3100 Overseas Highway, Saddlebunch Key. J Jade Development Inc. applied for an amendment to existing minor conditional use permit in order change the use on this property from restaurant to storage (light industrial), office and employee housing to comply with the nonresidential inclusionary housing requirements of LDC Section 139-1(f). The conditional use permit approval is memorialized in Development Order Nos. 02-23 and 08-23. Relevant Land Development Code Section: 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: 1931 (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 roiects situated on the same parcel of land as the nonresidential workplace for the tenants of'these proiects, upon written request from the property owner and a-12,12roved by resolution of the BOCC. PREVIOUS RELEVANT BOCC ACTION: N/A INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval. DOCUMENTATION: 2023-115 D.0 08-23 RECO E .pdf ROGO ReserV Bxt Request- J Jade 02.27.2024.pdf Resolution 286-2023 J Jade ROGO Reservation.pdf BOCC_Reso_Extension_00160140-000000_02.27.2024.pdf FINANCIAL IMPACT: N/A 1932 Doc#2429954 Bk#3240 Pg#740 Electronically Recorded 8/28/2023 at 12:39 PM Pages 11 Filed and Recorded in Official Records of MONROE COUNTY KEVIN MADOK ElectronicallyREC: $95.00 MONROE COUNTY, FLORIDA MINOR CONDITIONAL USE PERMIT DEVELOPMENT ORDER NO. 08-23 A DEVELOPMENT ORDER APPROVING A REQUEST BY SMITH HAWKS, PL FOR AN AMENDMENT TO MINOR CONDITIONAL USE PERMIT TO ADD ONE EMPLOYEE DWELLING UNIT TO A PROPERTY ALREADY APPROVED FOR LIGHT INDUSTRIAL AND OFFICE USES AT 3100 OVERSEAS HIGHWAY, SADDLEBUNCH PART OF LOT(S) 1 AND 2, BLOCK 3, BAY POINT AMENDED PLAT, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE(S) 75, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, HAVING PARCEL IDENTIFICATION NUMBER 00160140-000000. (FILE 2023-115) WHEREAS, during a meeting held on July 24, 2023, the Monroe County Development Review Committee (the "DRC") reviewed a request filed by Smithhawks PL, on behalf of J Jade Development, Inc. (the "Applicant"), for an Amendment to Minor Conditional Use Permit (the "Minor CUP")in accordance with Sections 110-69 and 130-93(b)(1)and(7)of the Monroe County Land Development Code (the "LDC"); and WHEREAS,the subject property is located at 3100 Overseas Highway,Saddlebunch Key, mile marker 15 ocean side, and is legally described as Part of Lots 1 and 2, Block 3, Bay Point Amended Plat, according to the map or plat thereof, as recorded in Plat Book 3, Page(s) 75, of the Public Records of Monroe County, Florida, having Parcel Identification Number 00160140- 000000 (the "subject property"); and WHEREAS,the proposed development would consist of one building with one 350 square foot deed restricted affordable apartment, 2,595 square feet of office space and 585 square feet of indoor storage in addition to 2,663 square feet of outdoor storage under the existing building.; and WHEREAS, the DRC and the Chair of the DRC, the Monroe County Senior Director of Planning & Environmental Resources (the "Director"), reviewed the following documents and other information relevant to the request: 1. Request for a Minor CUP application(File#2023-115)received by the Monroe County Planning&Environmental Resources Department(the"Department")on May 3,2023. 2. Site Plan, Life Safety/Floor Plan, and East Elevation by Gavin Scarbrough, dated 6/26/2023, received on 6/29/23. Development Order No.08-23 File#2023-115 Minor Conditional Use Permit Page 1 of 5 1933 Doc.#2429954 Page Number: 2 of 11 3. Drainage Plan by Allen E Perez, Perez Engineering&Development Inc. 1/6/2023, received electronically 4. Elevations Plan by Michael Ingram,Michael B. Ingram&associates dated 10/25/2001 5. Boundary Survey by Florida Keys Land Surveying,Eric A. Isaacs, dated 11/01/2021 6. Traffic Statement Update by KBP Consulting Inc., dated April 27,2023 7. Warranty Deed as filed and recorded in the official records of Monroe County Clerk of Courts,document#2351826 book 3141 page 2115; and 8. Email from Judy Clark, Director of Engineering Services,Monroe County,dated May 18, 2023; and 9. Letter of Coordination, from Zully Hemeyer of the Fire Marshal's office, Monroe County Fire Rescue Office of the Fire Marshal, dated May 22,2023; and 10. Letter of Coordination,Waste Management, dated May 2, 2023; and 11. Letter of Coordination, Keys Energy Services, dated April 27, 2023; and 12. Letter of Coordination, Florida Keys Aqueduct Authority, dated May 2, 2023; and 13. Staff report prepared by Liz Lustberg, Senior Planner, dated June 21, 2023; and 14. Comments by the DRC and Department staff; and 15. Comments by the applicant; and 16. Comments from the public. WHEREAS,based upon the information and documentation submitted,the Director made the following Findings of Fact: 1. The subject property is located within the Suburban Commercial (SC) Land Use (Zoning) District; and 2. The subject property is located within the Mixed Use/Commercial (MC) Future Land Use Map (FLUM) Category; and 3. The subject property is located within an area designated Tier III(infill area); and 4. Pursuant to LDC Section 110-69, the Director is authorized to render a development order approving an application for a Minor CUP in accordance with the standards provided in LDC Section 110-67; and 5. LDC Section 110-67 provides the standards applicable to all conditional uses. When considering applications for a conditional use permit, the Director shall consider the extent to which: (a) The conditional use is consistent with the purposes, goals,objectives and standards of the Comprehensive Plan and the Land Development Code; (b) The conditional use is consistent with the community character of the immediate vicinity of the parcel proposed for development; (c) The design of the proposed development minimizes adverse effects, including visual impacts, of the proposed use on adjacent properties; (d) The proposed use will have an adverse effect on the value of surrounding properties; (e) The adequacy of public facilities and services; Development Order No.08-23 File 0 2023-115 Minor Conditional Use Permit Page 2 of 5 1934 Doc.#2429954 Page Number: 3 of 11 (f) The applicant for conditional use approval has the financial and technical capacity to complete the development as proposed and has made.adequate legal provision to guarantee the provision and development of any open space and other improvements associated with the proposed development; (g) The development will adversely affect a known archaeological, historical or cultural resource; (h) Public access to public beaches and other waterfront areas is preserved as a part of the proposed development; and (i) The proposed use complies with all additional standards imposed on it by the particular provision of the Land Development Code authorizing such use and by all other applicable requirements of this Code; and d. Development requiring a conditional use permit shall be consistent with the Monroe County Comprehensive Plan; and 7. Developments requiring a conditional use permit shall be consistent with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern; and WHEREAS, the Director made the following Conclusions of Law: 1. The Minor CUP application is consistent with all of the provisions and intent of the Land Development Code of the Monroe County, Florida, Code of Ordinances; specifically: a. The development is consistent with the purpose of the Suburban Commercial(SC) Land Use District; and b. Following the execution of the conditions provided herein, the development shall meet all of the standards for a Minor CUP; and 2. The Minor CUP application is consistent with the provisions and intent of the Monroe County Year 2030 Comprehensive Plan; specifically: a. The development is consistent with the purpose of the Mixed Use/Commercial (MC)FLUM Category; and 3. The development is consistent with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern; and WHEREAS, the Director has duly considered the DRC review and the information and documentation submitted by the applicant; and WHEREAS,the record established, the testimonies offered, and the evidence submitted, support the Findings of Fact and Conclusions of Law adopted. NOW THEREFORE,BE IT RESOLVED BY THE DIRECTOR OF PLANNING & ENVIRONMENTAL RESOURCES OF MONROE COUNTY,FLORIDA that the request for a Minor Conditional Use Permit is hereby APPROVED, subject to the following conditions: Development Order No.08-23 File#2023-115 Minor Conditional Use Permit Page 3 of 5 1935 Doc.#2429954 Page Number: 4 of 11 1. The inclusionary housing requirement shall be completed prior to permit issuance or issuance of CO, depending on the method of complying with inclusionary housing. 2. Outdoor storage is approved to be located under the existing building only. 3. A minor conditional use permit is not a final approval for certain development. The applicant shall obtain a building permit(s)for any improvement requiring such an approval. 4. This conditional use approval does not include fire marshal approval. 5. The scope of work has not been reviewed for compliance with Florida Building Code or ADA. Prior to the issuance of Building Permits, new development and structures shall be found in compliance by the Monroe County Building Department, Floodplain Administrator, and the Office of the Fire Marshal. 6. The Engineering Department shall review any proposed work within County public rights- of-way and maintains the right to request revisions as it carries out its review of any application for an access permit. It is the responsibility of the applicant to obtain all required permits before starting work. Paving of the existing drive will require permit approval of the Engineering Department. Date Emily Schemper Senior Director of Planning & Environmental Resources I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State aforesaid and in the County aforesaid, to take acknowledgments, personally appeared BM I L-/ SC.+C—M Pj�� , to me known to be the person described in and who executed the foregoing instrument and she acknowledged before me that she executed the same. WITNESS my hand and official seal in the County and State last aforesaid this 25+11 of U Y , 2023. :1iRY of ILZE AGUILA Notary Public-State of Florida `' Commission N HH 030716 of My Comm.Expires Oct 31,2024 bjkk'�'/\ I M1914Bonded through National Notary Assn. NOTARY PUBLIC, STATE OF FLORIDA Development Order No.08-23 File#2023-115 Minor Conditional Use Permit Page 4 of 5 1936 Doc.#2429954 Page Number: 5 of 11 NOTICE Section 110-73(a) of the Monroe County Land Development Code states that a conditional use approval shall not be transferred to a successive owner without notification to the Planning Director within 60 days of the transfer. Pursuant to LDC Section 110-73(a)(2), all required building permits and certificates of occupancy shall be procured within three (3) years of the date on which the minor conditional use approval is recorded and filed in the official records of Monroe County, or the minor conditional use approval shall become null and void with no further action required by the County. Approval time frames do not change with successive owners. Extensions of time to a minor conditional use approval may be granted only by the Planning Director for periods not to exceed one (1) year. Applications for extensions shall be made prior to the expiration dates.Extensions to expired minor conditional use approvals shall be accomplished only by re-application for the minor conditional uses. When a hearing officer has ordered a conditional use approval initially denied by the Planning Director,the Planning Director shall nonetheless have the authority to grant or deny a time extension under this section. If the Planning Director denies a time extension, the holder of the conditional use may request an appeal of that decision under LDC Chapter 102, Article VI, Division 2 by filing the notice required by that article within 30 days of the written denial of the Planning Director. This instrument shall not take effect for 30 days following the date in which the document is signed by the Planning Director. During these 30 days, this instrument shall be subject to appeal as provided in LDC Section 102-185. Such an appeal stays the effectiveness of this instrument until the appeal is resolved by agreement or order. In addition, please be advised that this instrument shall not take effect for 45 days following its rendition to the Florida Department of Economic Opportunity. During these 45 days, the Florida Department of Economic Opportunity may appeal this instrument. Such an appeal stays the effectiveness of this instrument until the appeal is resolved by agreement or order. If this development order is appealed under Monroe County Code or by the Florida Department of Economic Opportunity, the above time limits shall be tolled until the appeals are resolved. 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J T� , ", ƒ - � � ° : � � d � � �� ^ dd� � ° • _ «� . . . . §\: ° ^ \ (\ («s • < ®N §2Az 2 ` ^ . . \« % > � � c A * , : • \ \ \ ^ . \ �< > �-10 , 3o /\ \j) 1943 [\,1 T I d 1111111111111 A W K S /1-FC)FRINEYS AT LAW Barton W. Smith, Esq. Jess Miles Goodall, Esq. Telephone: (305) 296-7227 Facsimile: (305)296-8448 Email: 11 a 3 ........................... ,Jess(f 51 itIfflawks,coni ................................................................................................ 113rat. (�) fflawks corn ............................ dj.............. Srnjfl SENT VIA EMAIL February 26, 2024 Emily Schemper, Planning Director Monroe County Planning & Environmental Resources Department 2798 Overseas Highway, Suite 400 Marathon, FL 33050 Email: Scl�g Rgr 11.j-njjy(-,',Mo -oeCo fit Lit) ................... . ........................................................................................ RE: REQUEST FOR TIME EXTENSION OF ONE (1) AFFORDABLE ROGO ALLOCATION FOR PROPOSED EMPLOYEE HOUSING DWELLING UNITS APPROVED BY BOARD OF COUNTY COMMISSIONERS' RESOLUTION NO. 286-2023 Dear Emily, Please accept this correspondence, on behalf of J Jade Development Inc., ("Applicant"), as a request for a six (6) month time extension for the reservation of one (1) affordable ROGO allocations, approved by the Monroe County Board of County Commissioners ("BOCC-) Resolution No. 286-2023, attached hereto as Exhibit A. The Applicant applied for the reservation of one (1) affordable ROGO allocation pursuant to Monroe County Land Development Code Section 138-24(b)(6) for the proposed development of employee housing on the property located property located at 3100 Overseas Highway, Saddlebunch Key, Florida 33042; having Monroe County Parcel Identification No. 00160140-000000 ("Property"). The Applicant's request was approved by the BOCC at a regularly scheduled meeting on September 20, 2023, for a period of six (6) months, said period expires on March 20, 2024. The Applicant is requesting a six (6) month time extension of BOCC Resolution No. 286-2023 in order to comply work with the County to complete and record the required affordable/employee housing deed restriction for the one (1) employee housing unit. The Applicant is working with the County and the County's attorney to finalize the deed restriction and record the same, the applicant is requesting that the BOCC grant a six (6) month time extension to BOCC Resolution 286-2023, thereby granting sufficient time for the Applicant J00288733-v2 1 1'38 SIMON'TON STREET, KEY WEST, FLORDA 33040 U.S,A� T305296-7227 f", 305-296-8448 SIWFHHAWKS.COM Page I of 2 1944 Emily Schemper, Planning Director Request for Time Extension (BOCC Resolution No. 286-2023) February 26, 2024 Page 2 of 2 and the County to finalize the required deed restriction and record the same in the Monroe County Public Records, and for the County to issue the required Monroe County Building Permit. If you require anything further, or have any questions and/or concerns, please do not hesitate to contact our office. Sincerely, BaZ Smith B W S/JG/bg Enclosure Cc: Client/file Ilze Aguila, Senior Planning Commission Coordinator f00288733-Q} 1945 F 1 rw w„yd ri 2 RESOLUTION NO. 286 -2023 3 4 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY 5 COMMISSIONERS APPROVING THE RESERVATION OF ONE 6 AFFORDABLE HOUSING ROGO ALLOCATION CONSISTING OF ONE 7 MODERATE-INCOME CATEGORY ROGO ALLOCATION FOR 8 PROPOSED AFFORDABLE HOUSING DWELLING UNITS ON CUDJOE 9 KEY ON PROPERTY LEGALLY DESCRIBED AS PART OF LOTS 1 AND 2, 10 BLOCK 3, BAY POINT AMENDED PLAT, SADDLEBUNCH KEYS, 11 MONROE COUNTY, FLORIDA, CURRENTLY HAVING PROPERTY 12 IDENTIFICATION NUMBER 00160140-000000, UNTIL MARCH 20, 2024, 13 FOR BUILDING PERMIT ISSUANCE. 14 15 WHEREAS,the State of Florida and all local governments in the Florida Keys (each subject to Area 16 of Critical State Concern mandates relating to housing affordability)recognize the need for affordable housing 17 throughout the state and particularly in the Florida Keys where developable land for housing is extremely 18 limited and expensive; and 19 20 WHEREAS, the challenge of providing affordable housing opportunities in the Florida Keys is one 21 requiring sensible and responsive use of residential unit allocations, including implementation of long-term 22 preservation mechanisms; and 23 24 WHEREAS, due consideration should be given to relevant factors such as the capacity for allocation 25 recipients to promptly transform allocation awards/reservations into finished and occupied 26 affordable/workforce housing units; and 27 28 WHEREAS, in accordance with Section 138-24(b)(6) of the Monroe County Land Development 29 Code ("LDC") the Monroe County Board of County Commissioners (`BOCC"or"Monroe County") may 30 authorize affordable housing ROGO allocation reservations for "rental employee housing projects 31 situated on the same parcel of land as the nonresidential workplace for the tenants of these projects, upon 32 written request from the property owner and approved by resolution of the BOCC," and 33 34 WHEREAS, J Jade Development Inc., applied for an amendment to existing minor conditional use 35 permit in order change the use on the property from restaurant to outdoor storage(light industrial),office and 36 employee housing to comply with inclusionary housing requirements; and 37 38 WHEREAS, the Development Review Committee approved amendments to existing minor 39 conditional use permit Development Orders 02-23 and 08-23; and 40 41 WHEREAS,LDC Code Sec. 138-24(b)(6) allows reservation of affordable ROGO allocations by the 42 Board for specific housing programs, which includes rental employee housing projects situated on the same 43 parcel of land as the nonresidential workplace for the tenants of these projects,upon written request from the 44 property owner and approved by resolution of the BOCC; and 45 1 of 3 I WHEREAS, the reservation of affordable housing allocations for the anticipated project, does not 2 exempt the project from applicable requirements for the Monroe County Codes, Monroe County 3 Comprehensive Plan,Building Code(s),floodplain management regulations, and other federal, state, and local 4 requirements; and 5 6 WHEREAS, J Jade Development Inc. shall obtain all required approvals from the Monroe County 7 Planning and Environmental Resources Department for the project; and 8 9 WHEREAS,J Jade Development Inc. shall obtain permit for the affordable housing dwelling unit by 10 September 20, 2024; if the permits are not issued, the allocations shall automatically revert to the BOCC 11 by operation of law; 12 13 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 14 COMMISSIONERS OF MONROE COUNTY,FLORIDA: 15 16 Section 1. The foregoing recitals are true and correct, and are hereby incorporated as if fully set 17 forth herein. 18 19 Section 2. Construction and Interpretation.This Resolution is necessary for the health,safety, 20 and welfare of the residents of and visitors to the county.This Resolution and its interpretation shall be liberally 21 construed and enforced in favor of Monroe County to effectuate its County public purpose(s).The construction 22 and interpretation of this Resolution and all Monroe County Comprehensive Plan provision(s), Florida 23 Building Code, Florida Statute, and Monroe County Code(s) provision(s) whose interpretation arises out of, 24 relates to,or is interpreted in connection with this Resolution shall be liberally construed and enforced in favor 25 of Monroe County and such construction and interpretation shall be entitled to great weight in adversarial 26 administrative proceedings, at trial, bankruptcy, and on appeal. To the extent of any conflict within one or 27 more part(s),portion(s),or section(s)within this Resolution and to the extent of any conflict within any part(s), 28 portion(s), or section(s) of this Resolution vis-a-vis any prior representation or agreement of any kind, 29 approval, development order, development permit, letter of understanding, or letter of development rights 30 determination,the more restrictive is deemed to be controlling. 31 32 Section 3. No Liability. Monroe County expressly reserves and in no way shall be deemed to 33 have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign, governmental, and any 34 other similar defense, immunity, exemption, or protection against any suit, cause-of-action, demand, or 35 liability. 36 37 Section 4. Non-Reliance by Third-Parties.No person or entity shall be entitled to rely upon the 38 terms, or any of them, of this Resolution to enforce or attempt to enforce any third-party claim(s) or 39 entitlement(s)to or benefit(s) of any term(s) contemplated hereunder. 40 41 Section 5. Severabiflty.If any provision of this Resolution,or any part or portion thereof,is held 42 to be invalid or unenforceable by any administrative hearing officer or court of competent jurisdiction, the 43 invalidity or unenforceability of such provision, or any part or portion thereof, shall neither limit nor impair 44 the operation, enforceability, or validity of any other provision of this Resolution, or any remaining part(s) or 45 portion(s) thereof. All other provisions of this Resolution, and remaining part(s) or portion(s) thereof, shall 46 continue unimpaired in full force and effect. 47 48 Section 6. The Monroe County Planning Department shall reserve one affordable housing allocation 49 consisting of one moderate income category allocations, for the Monroe County project on Part of Lots(s) 1 50 and 2, Block 3, Bay Point Amended Plat, Saddlebunch Keys until March 20, 2024. 51 2 of 3 I Section 7. The developer must obtain the building permit for the one affordable housing on or 2 before March 20, 2024. 3 4 Section 8. The developer shall comply with all Monroe County requirements, all applicable 5 Building Code requirements,and any other oversight agencies. 6 7 Section 9. The professional staff of the Monroe County Planning and Environmental Resources 8 and Building Departments are hereby authorized to process expeditiously permit related applications for the 9 above referenced project when received. 10 11 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,at a 12 duly noticed regularly scheduled public meeting held on the 20'day of September, 2023. 13 14 Mayor Craig Cates Yes 15 Mayor Pro Tern Holly Merrill Raschein Yes 16 Commissioner Michelle Lincoln Yes 17 Commissioner James K. Scholl Yes 18 Commissioner David Rice Yes 19 ' 2 0 e ION-J BOARD OF COUNTY COMPOERS" O' ON ROE COUNTY, -4 FLORIDA 2 By: ...... g 2 yo yo te. 25 26 MONROE COUNTY ATTORNEY AWPZV.I�ED A��10J:ORM 27 AT .-f,,EVfN MADOK, CLERK 28 Date: 29 30 31 AS DEPUTY CLERK co rri Ch C.D 3 of 3 EX[ilBITA 1948 F 1 rw w„yd ri 2 RESOLUTION NO. 286 -2023 3 4 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY 5 COMMISSIONERS APPROVING THE RESERVATION OF ONE 6 AFFORDABLE HOUSING ROGO ALLOCATION CONSISTING OF ONE 7 MODERATE-INCOME CATEGORY ROGO ALLOCATION FOR 8 PROPOSED AFFORDABLE HOUSING DWELLING UNITS ON CUDJOE 9 KEY ON PROPERTY LEGALLY DESCRIBED AS PART OF LOTS 1 AND 2, 10 BLOCK 3, BAY POINT AMENDED PLAT, SADDLEBUNCH KEYS, 11 MONROE COUNTY, FLORIDA, CURRENTLY HAVING PROPERTY 12 IDENTIFICATION NUMBER 00160140-000000, UNTIL MARCH 20, 2024, 13 FOR BUILDING PERMIT ISSUANCE. 14 15 WHEREAS,the State of Florida and all local governments in the Florida Keys (each subject to Area 16 of Critical State Concern mandates relating to housing affordability)recognize the need for affordable housing 17 throughout the state and particularly in the Florida Keys where developable land for housing is extremely 18 limited and expensive; and 19 20 WHEREAS, the challenge of providing affordable housing opportunities in the Florida Keys is one 21 requiring sensible and responsive use of residential unit allocations, including implementation of long-term 22 preservation mechanisms; and 23 24 WHEREAS, due consideration should be given to relevant factors such as the capacity for allocation 25 recipients to promptly transform allocation awards/reservations into finished and occupied 26 affordable/workforce housing units; and 27 28 WHEREAS, in accordance with Section 138-24(b)(6) of the Monroe County Land Development 29 Code ("LDC") the Monroe County Board of County Commissioners (`BOCC"or"Monroe County") may 30 authorize affordable housing ROGO allocation reservations for "rental employee housing projects 31 situated on the same parcel of land as the nonresidential workplace for the tenants of these projects, upon 32 written request from the property owner and approved by resolution of the BOCC," and 33 34 WHEREAS, J Jade Development Inc., applied for an amendment to existing minor conditional use 35 permit in order change the use on the property from restaurant to outdoor storage(light industrial),office and 36 employee housing to comply with inclusionary housing requirements; and 37 38 WHEREAS, the Development Review Committee approved amendments to existing minor 39 conditional use permit Development Orders 02-23 and 08-23; and 40 41 WHEREAS,LDC Code Sec. 138-24(b)(6) allows reservation of affordable ROGO allocations by the 42 Board for specific housing programs, which includes rental employee housing projects situated on the same 43 parcel of land as the nonresidential workplace for the tenants of these projects,upon written request from the 44 property owner and approved by resolution of the BOCC; and 45 1 of 3 1949 I WHEREAS, the reservation of affordable housing allocations for the anticipated project, does not 2 exempt the project from applicable requirements for the Monroe County Codes, Monroe County 3 Comprehensive Plan,Building Code(s),floodplain management regulations, and other federal, state, and local 4 requirements; and 5 6 WHEREAS, J Jade Development Inc. shall obtain all required approvals from the Monroe County 7 Planning and Environmental Resources Department for the project; and 8 9 WHEREAS,J Jade Development Inc. shall obtain permit for the affordable housing dwelling unit by 10 September 20, 2024; if the permits are not issued, the allocations shall automatically revert to the BOCC 11 by operation of law; 12 13 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 14 COMMISSIONERS OF MONROE COUNTY,FLORIDA: 15 16 Section 1. The foregoing recitals are true and correct, and are hereby incorporated as if fully set 17 forth herein. 18 19 Section 2. Construction and Interpretation.This Resolution is necessary for the health,safety, 20 and welfare of the residents of and visitors to the county.This Resolution and its interpretation shall be liberally 21 construed and enforced in favor of Monroe County to effectuate its County public purpose(s).The construction 22 and interpretation of this Resolution and all Monroe County Comprehensive Plan provision(s), Florida 23 Building Code, Florida Statute, and Monroe County Code(s) provision(s) whose interpretation arises out of, 24 relates to,or is interpreted in connection with this Resolution shall be liberally construed and enforced in favor 25 of Monroe County and such construction and interpretation shall be entitled to great weight in adversarial 26 administrative proceedings, at trial, bankruptcy, and on appeal. To the extent of any conflict within one or 27 more part(s),portion(s),or section(s)within this Resolution and to the extent of any conflict within any part(s), 28 portion(s), or section(s) of this Resolution vis-a-vis any prior representation or agreement of any kind, 29 approval, development order, development permit, letter of understanding, or letter of development rights 30 determination,the more restrictive is deemed to be controlling. 31 32 Section 3. No Liability. Monroe County expressly reserves and in no way shall be deemed to 33 have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign, governmental, and any 34 other similar defense, immunity, exemption, or protection against any suit, cause-of-action, demand, or 35 liability. 36 37 Section 4. Non-Reliance by Third-Parties.No person or entity shall be entitled to rely upon the 38 terms, or any of them, of this Resolution to enforce or attempt to enforce any third-party claim(s) or 39 entitlement(s)to or benefit(s) of any term(s) contemplated hereunder. 40 41 Section 5. Severabiflty.If any provision of this Resolution,or any part or portion thereof,is held 42 to be invalid or unenforceable by any administrative hearing officer or court of competent jurisdiction, the 43 invalidity or unenforceability of such provision, or any part or portion thereof, shall neither limit nor impair 44 the operation, enforceability, or validity of any other provision of this Resolution, or any remaining part(s) or 45 portion(s) thereof. All other provisions of this Resolution, and remaining part(s) or portion(s) thereof, shall 46 continue unimpaired in full force and effect. 47 48 Section 6. The Monroe County Planning Department shall reserve one affordable housing allocation 49 consisting of one moderate income category allocations, for the Monroe County project on Part of Lots(s) 1 50 and 2, Block 3, Bay Point Amended Plat, Saddlebunch Keys until March 20, 2024. 51 2 of 3 1950 I Section 7. The developer must obtain the building permit for the one affordable housing on or 2 before March 20, 2024. 3 4 Section 8. The developer shall comply with all Monroe County requirements, all applicable 5 Building Code requirements,and any other oversight agencies. 6 7 Section 9. The professional staff of the Monroe County Planning and Environmental Resources 8 and Building Departments are hereby authorized to process expeditiously permit related applications for the 9 above referenced project when received. 10 11 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,at a 12 duly noticed regularly scheduled public meeting held on the 20'day of September, 2023. 13 14 Mayor Craig Cates Yes 15 Mayor Pro Tern Holly Merrill Raschein Yes 16 Commissioner Michelle Lincoln Yes 17 Commissioner James K. Scholl Yes 18 Commissioner David Rice Yes 19 ' 2 0 e ION-J BOARD OF COUNTY COMPOERS" O' ON ROE COUNTY, -4 FLORIDA 2 By: ...... g 2 yo yo te. 25 26 MONROE COUNTY ATTORNEY AWPZV.I�ED A��10J:ORM 27 AT .-f,,EVfN MADOK, CLERK 28 Date: 29 30 31 AS DEPUTY CLERK co rri Ch C.D 3 of 3 1951 F 1 rw w„yd ri 2 RESOLUTION NO. -2024 3 4 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY 5 COMMISSIONERS APPROVING THE RESERVATION EXTENSION OF 6 ONE (I)AFFORDABLE HOUSING ROGO ALLOCATION CONSISTING 7 OF ONE(1)MODERATE-INCOME CATEGORY ROGO ALLOCATION FOR 8 PROPOSED AFFORDABLE HOUSING DWELLING UNIT(S) ON CUDJOE 9 KEY ON PROPERTY LEGALLY DESCRIBED AS PART OF LOTS 1 AND 2, 10 BLOCK 3, BAY POINT AMENDED PLAT, SADDLEBUNCH KEYS, 11 MONROE COUNTY, FLORIDA, CURRENTLY HAVING PROPERTY 12 IDENTIFICATION NUMBER 00160140-000000, UNTIL SEPTEMBER 20, 13 2024,FOR BUILDING PERMIT ISSUANCE. 14 15 WHEREAS, the challenge of providing affordable housing opportunities in the Florida Keys is one 16 requiring sensible and responsive use of residential unit allocations ("ROGOs"), including implementation of 17 long-term preservation and environmental conservation mechanisms; and 18 19 WHEREAS, due consideration should be given to relevant factors such as the environmental 20 resources of the unincorporated Florida Keys and the capacity for allocation recipients to promptly transform 21 allocation awards/reservations into finished and occupied affordable/workforce housing units; and 22 23 WHEREAS, in accordance with Monroe County Land Development Code ("LDC") Section 138- 24 24(b)(6), the Monroe County Board of County Commissioners (`BOCC", "Board", "Monroe County" or 25 the "County") may authorize affordable housing ROGO allocation reservations for "rental employee 26 housing projects situated on the same parcel of land as the nonresidential workplace for the tenants of these 27 projects, upon written request from the property owner and approved by resolution of the BOCC"; and 28 29 WHEREAS, J Jade Development Inc. ("Developer") applied for an amendment to existing minor 30 conditional use permit in order change the use on the property from restaurant to light industrial, office and 31 employee housing to comply with inclusionary housing requirements; and 32 33 WHEREAS,the Development Review Committee ("DRC") approved amendments to existing minor 34 conditional use permit Development Orders 02-23 and No. 08-23; and 35 36 WHEREAS,LDC Code Section 138-24(b)(6) allows reservation of affordable ROGO allocations by 37 the Board for specific housing programs,which includes rental employee housing projects situated on the same 38 parcel of land as the nonresidential workplace for the tenants of these projects,upon written request from the 39 property owner and approved by resolution of the BOCC; and 40 41 WHEREAS, the reservation of affordable housing allocations for the anticipated project, does not 42 exempt the project from applicable requirements for the Monroe County Codes, Monroe County 43 Comprehensive Plan,Building Code(s),floodplain management regulations, and other federal, state, and local 44 requirements; and 45 1 of 3 1952 I WHEREAS, J Jade Development Inc. shall obtain all required approvals from the Monroe County 2 Planning and Environmental Resources Department("Department")for the project; and 3 4 WHEREAS, J Jade Development Inc. shall obtain permit for the affordable housing dwelling unit 5 by September 20,2024; if the permits are not issued, the allocations shall automatically revert to the BOCC 6 by operation of law; 7 8 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 9 COMMISSIONERS OF MONROE COUNTY,FLORIDA: 10 11 Section 1. The foregoing recitals are true and correct, and are hereby incorporated as if fully set 12 forth herein. 13 14 Section 2. Construction and Interpretation. The construction and interpretation of this 15 Resolution and all Monroe County Comprehensive Plan provision(s), Florida Building Code, Florida Statute, 16 and Monroe County Code(s) provision(s) whose interpretation arises out of, relates to, or is interpreted in 17 connection with this Resolution shall be liberally construed and enforced in favor of Monroe County and such 18 construction and interpretation shall be entitled to great weight in adversarial administrative proceedings, at 19 trial,bankruptcy, and on appeal. 20 21 Section 3. Conflict(s). To the extent of any conflict within one or more part(s), portion(s), or 22 section(s) within this Resolution and to the extent of any conflict within any part(s), portion(s), or section(s) 23 of this Resolution vis-a-vis any prior representation or agreement of any kind, approval, development order, 24 development permit,letter of understanding, or letter of development rights determination,the more restrictive 25 is deemed to be controlling. 26 27 Section 4. No Liability. Monroe County expressly reserves and in no way shall be deemed to 28 have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign, governmental, and any 29 other similar defense, immunity, exemption, or protection against any suit, cause-of-action, demand, or 30 liability. 31 32 Section 5. Non-Reliance by Third-Parties.No person or entity shall be entitled to rely upon the 33 terms, or any of them, of this Resolution to enforce or attempt to enforce any third-party claim(s) or 34 entitlement(s)to or benefit(s) of any term(s) contemplated hereunder. 35 36 Section 6. Severabiflty.If any provision of this Resolution,or any part or portion thereof,is held 37 to be invalid or unenforceable by any administrative hearing officer or court of competent jurisdiction, the 38 invalidity or unenforceability of such provision, or any part or portion thereof, shall neither limit nor impair 39 the operation, enforceability, or validity of any other provision of this Resolution, or any remaining part(s) or 40 portion(s) thereof. All other provisions of this Resolution, and remaining part(s) or portion(s) thereof, shall 41 continue unimpaired in full force and effect. 42 43 Section 7. The Department shall reserve one affordable housing allocation consisting of one moderate 44 income category allocations, for the Monroe County project on Part of Lots(s) 1 and 2, Block 3, Bay Point 45 Amended Plat, Saddlebunch Keys until September 20, 2024. 46 47 Section 8. The Developer must obtain the building permit for the one (1) affordable housing on 48 or before September 20, 2024. 49 2 of 3 1953 I Section 9. The developer shall comply with all Monroe County requirements, all applicable 2 Building Code requirements, and with the laws, administrative rules, and regulations of any and all other 3 oversight agencies. 4 5 Section 10. The professional staff of the Monroe County Planning and Environmental Resources 6 and Building Departments are hereby authorized to process expeditiously permit related applications for the 7 above referenced project when received. 8 9 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a 10 duly noticed regularly scheduled public meeting held on the 20`h day of March, 2024. 11 12 Mayor Holly Merrill Raschein 13 Mayor Pro Tem James K. Scholl 14 Commissioner David Rice 15 Commissioner Michelle Lincoln 16 Commissioner Craig Cates 17 18 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, 19 FLORIDA 20 21 By: 22 Mayor Holly Merrill Raschein 23 (SEAL) MONAOF-COUNTY ATTORNEY 25 ATTEST: KEVIN MADOK CLERK �T��? VED M 26 27 28 29 AS DEPUTY CLERK 3 of 3 1954