Item I5 I5
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
May 15, 2024
Agenda Item Number: I5
2023-2492
BULK ITEM: Yes DEPARTMENT: Planning & Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper
n/a
AGENDA ITEM WORDING:
Approval of a Resolution Extending the Reservation of Thirteen (13) Affordable Housing ROGO
Allocations Consisting of Four (4) Low Income, Four (4) Median Income, and Five (5) Moderate
Income Affordable Housing ROGO Allocations, Previously Approved by BOCC Resolution No. 084-
2023, Pursuant to Monroe County Land Development Code Section 138-24(b)(2), as requested by Bart
Smith for Mobile Homes Holdings Coco LLC, for Thirteen (13) Additional Affordable Housing Units
Located at 21585 Old State Road, Lot 30, Sacarma, a Subdivision of Government Lots 3 and 4 in
Section 29, Township 66 South, Range 28 East, Cudjoe Key (Approximate Mile Marker 21.5),
Currently Having Property Identification Number 00174960-000000, for one (1) additional year, until
February 15, 2025.
ITEM BACKGROUND:
Bart Smith, a principal of Mobile Homes Holdings Coco LLC ("LLC" or the "developer"), a limited
liability company, by and through Smith/Hawks P.A., has requested BOCC approval of a one(1)year
extension of an existing reservation of thirteen(13) affordable housing ROGO allocations for their
LLC. The prior approval was had through BOCC Resolution No. 084-2023,pursuant to Monroe County
Land Development Code ("LDC") 138-24(b)(2).
The LLC is seeking development of this property located at 21585 Old State Road with thirteen (13)
addition affordable housing dwelling units leveraging United States federal government assistance using
the Federal Emergency Management Agency's ("FEMA") Flood Mitigation Grant Program.
The site has an adopted subarea policy in the Monroe County 2030 Comprehensive Plan and an
approved conditional use permit associated with this development.
According to the LLC's request for this approval, its requested extension "[is necessary] in order to
complete and record the required deed restriction and comply with Monroe County building permit
2631
requirements..."
Relevant Land Development Code Provision:
Monroe County Land Development 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)Specir
c affordable or employee housing projects participating in a federal/state housing fznancialassistance or
tax credit program or receiving some form of direct financial assistance from the countv upon written request from
the project sponsor and approved by resolution of the BOCC:
fILSpecific 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;
(S)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:
February 20, 2019: The BOCC approved Ordinance No. 001-2019 creating Monroe County
Comprehensive Plan Policy 107.1.7 Coco Palms Affordable Housing Subarea.
February 20, 2019: The BOCC approved Ordinance No. 002-2019 amending the property's Monroe
County Future Land Use Map to Mixed Use/Commercial ("MC").
February 20, 2019: The BOCC approved Ordinance No. 003-2019 amending the property's Monroe
County Land Use District Map to Suburban Commercial ("SC").
January 22, 2020:At the developer's request the BOCC reserved sixteen (16) affordable housing ROGO
2632
allocations for the development via Resolution No. 025-2020.
November 15, 2022: Approval of Ord. No. 023-2022 amending the subarea policy's text.
November 15, 2022: Approval of Ord. No. 024-2022 amending the FLUM from MC to RH.
November 15, 2022: Approval of Ord. No. 025-2022 amending the LUD from SC to UR.
February 15, 2023: At the developer's request the BOCC reserved thirteen (13) affordable housing
ROGO allocations for the development via Resolution No. 084-2023
October 18, 2023: The BOCC approved waiving all building permit fees otherwise applicable to the
twenty-four (24) moderate income and below affordable housing ROGO allocation dwelling units via
Resolution No. 492-2023.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
BOCC Reso 08 -2023 AFH 0017 960-OOOOOO.pdf
Extension Request 04.08.2024.PDF
Mobile_Homes_Coco_LLC_AFH_ROGO_Allocation_Reservation_Resolution.pdf
FINANCIAL IMPACT:
N/A
2633
F
11
1 rw w„yd ri
2 RESOLUTION NO. 084 -2023
3
4 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
5 COMMISSIONERS APPROVING THE RESERVATION OF THIRTEEN (13)
6 AFFORDABLE HOUSING ROGO ALLOCATIONS CONSISTING OF
7 FOUR (4) LOW-INCOME, FOUR (4) MEDIAN-INCOME, AND FIVE (5)
8 MODERATE-INCOME CATEGORY ROGO ALLOCATIONS FOR
9 PROPOSED AFFORDABLE HOUSING DWELLING UNITS ON CUDJOE
10 KEY ON PROPERTY LEGALLY DESCRIBED AS LOT 30, SACARMA, A
11 SUBDIVISION OF GOVERNMENT LOTS 3 AND 4 IN SECTION 29,
12 TOWNSHIP 66 SOUTH, RANGE 28 EAST, CUDJOE KEY, MONROE
13 COUNTY, FLORIDA, CURRENTLY HAVING PROPERTY
14 IDENTIFICATION NUMBER 00174960-000000,UNTIL FEBRUARY 15,2024,
15 FOR BUILDING PERMIT ISSUANCE.
16
17 WHEREAS,the State of Florida and all local governments in the Florida Keys (each subject to Area
18 of Critical State Concern mandates relating to housing affordability)recognize the need for affordable housing
19 throughout the state and particularly in the Florida Keys where developable land for housing is extremely
20 limited and expensive; and
21
22 WHEREAS, the challenge of providing affordable housing opportunities in the Florida Keys is one
23 requiring sensible and responsive use of residential unit allocations, including implementation of long-term
24 preservation mechanisms; and
25
26 WHEREAS,due consideration should be given to relevant factors such as the capacity for allocation
27 recipients to promptly transform allocation awards/reservations into finished and occupied
28 affordable/workforce housing units; and
29
30 WHEREAS, in accordance with Section 138-24(b)(2) of the Monroe County Land Development
31 Code ("LDC") the Monroe County Board of County Commissioners (`BOCC"or"Monroe County") may
32 authorize affordable housing ROGO allocation reservations for "specific affordable or employee
33 housing proj ects participating in a federal/state housing financial assistance or tax credit program or receiving
34 some form of direct financial assistance from the county upon written request from the project sponsor and
35 approved by resolution of the board of county commissioners," and
36
37 WHEREAS, Mobile Homes Holdings Coco, LLC, is proposing to develop the property with an
38 additional thirteen (13) affordable housing units and is applying for Federal assistance Federal Emergency
39 Management Agency ("FEMA")under the Flood Mitigation Grant program for the site; and
40
41 WHEREAS, LDC Code Sec. 138-24(b) allows reservation of affordable ROGO allocations by the
42 Board for specific housing programs,which includes projects participating in a federal/state housing financial
43 assistance; and
44
1 of 3
2634
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, Mobile Homes Holdings Coco, LLC, shall obtain all required approvals from the
7 Monroe County Planning and Environmental Resources Department for the project; and
8
9 WHEREAS, Mobile Homes Holdings Coco, LLC, shall obtain permits for the affordable housing
10 dwelling units by February 15, 2024; if the permits are not issued, the allocations shall automatically
11 revert to the BOCC 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. Severability.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 unenforce ability 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 thirteen (13) affordable housing
49 allocations consisting of 4 low income, 4 median income and 5 moderate income category allocations,for the
50 Monroe County project on Lot 30, Sacarma, a Subdivision of Government Lots 3 and 4 in Section 29,
51 Township 66 South, Range 28 East, Cudjoe Key until February 15, 2024.
2of3
2635
I Section 7. The developer must obtain the building permits for the thirteen (13) affordable
2 housing on or before February 15,2024.
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 15'day of February,2023.
13
14 Mayor Craig Cates Yes
15 Mayor Pro Tem Holly Merrill Raschein Yes
16 Commissioner Michelle Lincoln Yes
17 Commissioner James K. Scholl Yes
18 Commissioner David Rice Yes
20 t �, w +,t' BOARD OF COUNTY SSIONE F NROE COUNTY,
(� ��'` ' � �, y FLORIDA
2�� +ft r.r�'J(x*G�gs
'",i wt�;.y rv*„�Ott,
23'rzgr
r r F� Mayor Craig Cates
24� ,(SE�I�)
25 ,r�J _ £ � MONROE CO ATl'QRNEY
26 A`I'FA KEVIN MADOK, CLERK AP,P . TO FORM
27 �' r
28 1 `-7
29 � UjnN1 PETER NIORRIS
30 VAS DEPUTY CLERK ASSISTANT COUNTY ATTORNEY
Date: 113a11.23�
c
AW
3 of 3
2636
RECEIVED Barton W. Smith, Esq.
Telephone: (305) 296-7227
Facsimile: (305) 296-8448
APR 10 2024
Email: 1�s'.cnor i
C C�' $taoEt COUNTY .l „ (d A"tnithi-lra"w ks � om
PLANNNGDEI ', 11j-Qani iaitiillawks,co_m
SENT VIA EMAIL AND FLDEX
7758 6712 5017
April 8, 2024
Emily Scheniper, Senior Director
Monroe County Planning & Environmental resources Department
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
Email: cben�trct (.:.tmtiil ��o;C �nt��t���c��i11,� w.l_I__.�mm v
RE: REQUEST FOR TIME EXTENSION OF T14IRTEEN (13)' AFFORDABLE ROGO
ALLOCATIONS FOR PROPOSED EMPLOYEE HOUSING; DWELLING UNITS
APPROVED BY BOCC RESOLUTION NO. 0I14-2023
Dear family,.
Please accept this correspondence, on behalf of our client, Mobile Homes Holdings Coco,
1, X, a Florida limited liability company ("Applicant"), as a request f'(,ar a twelve (12) month
time extension for the reservation of thirteen (13) affordable Rate of Growth Ordinance
("rOCiC. ") allocations :l`or Applicant's project on the property located at 21585 Old State road,
Cudjoe Key, Florida 33042; having parcel Identification No. 00174960-000000 (`Property"),
approved by Monroe County Board of County Commissioners Resolution 084--2023, attached
hereto as Exhibit A.
The Applicant applied for the reservation ofthirteen (13) affordable rOGO allocations
pursuant to Monroe County Land Development Code Section 138-24(b)(2) for the proposed
development of employee housing on the Property. The Applicant's request was approved by
the BOCC at a regularly scheduled i"neeting on February 15, 2023,
In order to complete and record the required deed restriction, and comply with Monroe
County building permit requirements, to develop the thirteen (13) desperately needed employee
housing dwelling units, the applicant is requesting that the BBC"C grant an additional twelve (12)
month tinge extension to BOCC:; resolution 084-2023, thereby granting sufficient time for the
Applicant 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 Permits.
ySFr `.a I"I ,tiP1 j S rRF I' F,, � �. i` V/L"`a F, 4 LOR8 .r/', 33040 U '",A
(00290341 -Q 3105 '1:19 6 die,"�r" 305 21,)6, 84 4c3 P11�T) OHA1,A,KS,C_O"41
2637
Emily Schemper, Planning Director
Request for Time Extension —(Resolution No. 084-2023)
April 8, 2024
Page 2 of 2
In the alternative, if the Applicant's request for an additional twelve (12) month time
extension of Resolution 084-2023 cannot be granted, the Applicant is hereby requesting a new
reservation of the thirteen (13) affordable housing dwelling units previously reserved for the
Property. Applicant is requesting said reservation for twelve (12) months from the date of
approval ofthe requested reservation.
Attached hereto as Exhibit B, please find a boundary survey depicting the Property's
Upland acreage as approximately 2.30 acres, which is sufficient to support the requested thirteen
(13) affordable ROGOs.
Applicant is applying for Federal assistance frorn the Federal Emergency Management
Agency (FEMA) under the Flood Mitigation Grant program for redevelopment of the Property
by removing and redeveloping exiting mobile homes with above base flood multifamily dwelling
units consisting of four (4) afrordable ROGOs (low), four (4) aff6rdable ROGO�s (median), and
five (5),affordable ROGOs (rnoderate).
,Fhe Applicant has, simultaneously with this request, requested an extension of BOCC
Resolution 084-2023 pursuant to Florida Statute 252.363.
If you require anything further, please do not hesitate to contact 0:Ur office.
Sincerely,
Bar Smith
Smith
BWS/jmg/bg
Enclosures
CC: (Electronically): Ilze Aguila
10029034 1 -v 2
2638
1t
1
RESOLUTION NO. 084 -2023
3
4 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
5 COMMISSIONERS APPROVING THE RESERVATION OF THIRTEEN (1.3)
6 AFFORDABLE HOUSING ROGO ALLOCATIONS CONSISTING OF
7 FOUR (4) LOW-INCOME, FOUR (4) MEDIA1 -INC''OME, AND FIVE ( )
8 MODERATE-INCOME E CATEGORY ROGO ALLOCATIONS FOR
9 PROPOSED AFFORDABLE HOUSING DWELLING UNITS ON CUDJOE
10 ICEV ON PROPERTY LEGALLY DESCRIBED AS LOT 30, SACARM.A, A
11 SUBDIVISION OF GOVERNMENT LOTS 3 AND 4 IN SECTION 29,
1.2 TOWNSHIP 66 SOUTH, RANGE 28 EAST, CUDJOE KEY, MONROE.
13 COUNTY, FLORIDA, CURRENTLY HAVING PROPERTY
14 IDENTIFICATION NUMBER 001.74960-000000, UNTH-,FEBRUARY I5,20,24,
15 FOR BUILDING PERMIT ISSUANCE.
16
1.7 WHEREAS, the State of Florida and all local governments in the Florida Keys(each subject to Area
18 of"Critical.State Concern mandates relating to housing affordability)recognize the need for affordable housing
1.9 throughout the state and particularly in the Florida Keys where developable land for housing; is extremely
20 limited and expensive; and
21.
22 WHEREAS, the challenge of providing affordable housing opportunities in the Florida keys is one
23 requiring sensible and responsive use of residential unit allocations, including implementation of long;-term
24 preserv16011 mechanisms;; and
25
26 WHEREAS,due consideration should be given to relevant factors such as the capacity for allocation
27 recipients to promptly transform allocation awards/reservations into finislued and occupied
25 affordable/workforce housings units; and
29
30 WHEREAS, in accordance with Section 138-24(b)(2) of the Monroe County Land Development.
31 Code ("`LDC") the Monroe County Board of County Commissioners("BOCC"or"Monroe County") may
:32 authorize affordable housing ROGO allocation reservations for "specific affordable or employee
33 housing;projects participating,in a fcderal/state housing financial assistance or tax credit program or receiving
34 some form of direct financial assistance from the county upon written request from the project sponsor and
35 approved by resolution of the board ofcornrty commissioners," and
36
37 WHEREAS, Mobile Homes Holdings Coco, LLC, is proposing, to develop the property with all
35 additional thirteen (13) affordable housing units and is applying; for Federal assistance Federal Emergency
39 Management Agency ("FL'VlA") under the Flood Mitigation Grant program for the site; and
40
41 WHEREAS, LDC Code Sec. 138-24(b) allows reservation of affordable ROGO allocations by the
42 Board for specific housing;programs, which includes projects participating in a federal/state housing,financial.
43 assistance; and
44
1 of 3
2639
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, Mobile Homes Holdings Coco, LTC, shall obtain all required approvals from the
7 Monroe County Planning and Environmental Resources Department for the project; and
8
9 WHEREAS, Mobile Homes Holdings Coco, LLC, shall obtain permits for the affordable housing
10 dwelling units by February 15, 2024; if the permits are not issued, the allocations shall automatically
I I revert to the BOCC by operation of law,
12 13 NOW, THERE ORE, BE 11T RESOLVED BY I'HE BOARD OF COUNTY
F
14 COMMISSIONERS,OF MONROE COUNTY, FLORIDA:
15 and correct, and are hereby incorporated as if fully set
16 Section L The foregoing recitals are true
17 forth herein.
'18 Section ation.This Resolution is necessary for the health,safety,
19
20 and WC1flITC,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).Thc 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 portions), or section(s) of this Resolution vis-i-vis any prior representation or agreement of any kind,
29 approval, development order, development permit, letter of understanding;, or letter of development rights
30 detennination, the more restrictive is deemed to be controlling.
31 11 no way shall be deemed to
32 _Section 3. No Liabilit . Monroe County expressly reserves arid i
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 terra(s) contemplated hereunder.
40 Section 5 n of this Resolution,or any part or portion thereof,is held
41 SeverabLliti.If any provision
42 to be invalid or unenforceable by any administrative hearing officer or court of competent jurisdiction, the
43 invalidity or unenforceabi lily 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 thirteen (13) affordable housing
48 Section 6. The Monroe County Planning Department shall reserve
49, allocations consisting of 4 low income,4 median income and 5 moderate income category allocations,for the
50 Monroe Courtly project on Loot 30, Sacarma, a Subdivision of Government Lots 3 and 4 in Section 29,
51 Township 66 South,Range 28 East, Cudjoe Key until February 15,2024.
2 of 3
X"11-11"'J"113 1""1", A
2640
I Section., 7. The developer must obtain the building permits for the thirteen (13) affordable
2 housing on or before February 15,20124,
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 Monroc County Planning and Environmental Resources
8 and Building Departments are hereby authorized to process expeditiously permit related applications for the
91 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 15'day of February,2023.
13
14 Mayor Craig Cates Yes
15 Mayor Pro Tem Holly Merrill Raschein Yes
16 Commissioner Michelle Lincoln Yes
17 Commissioner James K. Scholl Yes
1 Commissioner David Rice Yes
8'
19a.
BOARD OF COUNTY SSIONE F NROECOUNTY,
2 FLORIDA
211,111, By: -4 2- Z
Craig Cates
23- /Mayor C
2
25
Z'A
MONROE,CC ATTonNEY
26 —K VIN MAD RK 77 W-TOK, CLEO FOR'M
27 —
28 PETER mbRRIS
29 W�M_ ASSISTANT COUNTY ATTORNEY
30 VAS DEPtJTY CLERK Date: 119-*A
3 of 3
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2642
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1 rw w„yd ri
2 RESOLUTION NO. -2024
3
4 APPROVAL TO EXTEND THE EXISTING RESERVATION OF THIRTEEN
5 (13) AFFORDABLE HOUSING ROGO ALLOCATIONS CONSISTING OF
6 FOUR (4) LOW INCOME, FOUR (4) MEDIAN INCOME, AND FIVE (5)
7 MODERATE INCOME AFFORDABLE HOUSING ROGO ALLOCATIONS,
8 BY AND THROUGH RESOLUTION NO. 084-2023, FOR PROPOSED
9 AFFORDABLE HOUSING DWELLING UNITS TO BE DEVELOPED ON
10 CUDJOE KEY, ON PROPERTY LEGALLY DESCRIBED AS LOT 30,
11 SACARMA, A SUBDIVISION OF GOVERNMENT LOTS 3 AND 4 IN
12 SECTION 29, TOWNSHIP 66 SOUTH, RANGE 28 EAST, CUDJOE KEY,
13 MONROE COUNTY, FLORIDA, CURRENTLY HAVING PROPERTY
14 IDENTIFICATION NUMBER 00174960-000000,UNTIL FEBRUARY 15,2025,
15 FOR BUILDING PERMIT ISSUANCE.
16
17 WHEREAS, reservation of these affordable housing ROGO allocations does not exempt this
18 development ("project") from the requirements of the Monroe County Codes, the Monroe County
19 Comprehensive Plan,the Florida Building Code,floodplain management regulations,and other federal,state,
20 and local requirements; and
21
22 WHEREAS,this includes,but is not limited to,the requirement to obtain all required approvals from
23 the Monroe County Planning and Environmental Resources Department for the project; and
24
25 WHEREAS,in accordance with Land Development Code Section 138-24(b)(2) the Monroe County
26 Board of County Commissioners (`BOCC", "Board", "Monroe County", or the "County") may authorize
27 affordable housing ROGO allocation reservations for "specific affordable or employee housingprojects
28 participating in a federal/state housing financial assistance or tax credit program or receiving some form of
29 direct financial assistance from the county upon written request from the project sponsor and approved by
30 resolution of the board of county commissioners"; and
31
32 WHEREAS,Bart Smith, a principal of the Developer Mobile Homes Holdings Coco LLC("LLC" or
33 the "Developer"), a limited liability company, by and through Smith/Hawks P.A., has requested BOCC
34 approval of this one(1)year extension of the BOCC's existing reservation of thirteen(13)affordable housing
35 ROGO allocations for the LLC made pursuant to above-referenced Resolution No. 084-2023,for one(1)year
36 until February 15, 2024; and
37
38 WHEREAS,this LLC is seeking development of this property with thirteen(13)additional affordable
39 housing dwelling units leveraging United States federal government assistance using the Federal Emergency
40 Management Agency's ("FEMA")Flood Mitigation Grant Program; and
41
42 WHEREAS, pursuant to Land Development Code Section ("LDC") 138-24(b), the BOCC has the
43 option to approve a request to reserve affordable ROGO allocations for a Developer whose specific housing
44 program consists of a project participating in(leveraging)financial assistance from the United States federal
45 government or the government of the State of Florida, and
46
1 of 3
2643
I WHEREAS, at this Developer's request the BOCC reserved thirteen(13) affordable housing ROGO
2 allocations for the subject development via Resolution No. 084-2023;' and
3
4 WHEREAS,all permits shall be obtained for the affordable housing dwelling units by February 15,
5 2025,and if the permits are not issued, the allocations shall automatically revert back to the Monroe County
6 BOCC 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 title, findings of fact, and conclusions of law are true and correct, and
12 are hereby incorporated as if fully set 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. To the extent of any conflict within one or more part(s), portion(s), or
20 section(s) within this Resolution and to the extent of any conflict within any part(s), portion(s), or section(s)
21 of this Resolution vis-A-vis any prior representation or agreement of any kind, approval, development order,
22 development permit,letter of understanding, or letter of development rights determination,the more restrictive
23 is deemed to be controlling.
24
25 Section 3. No Liability. Monroe County expressly reserves and in no way shall be deemed to
26 have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign, governmental, and any
27 other similar defense, immunity, exemption, or protection against any suit, cause-of-action, demand, or
28 liability.
29
30 Section 4. Non-Reliance by Third-Parties.No person or entity shall be entitled to rely upon the
31 terms, or any of them, of this Resolution to enforce or attempt to enforce any third-party claim(s) or
32 entitlement(s)to or benefit(s) of any term(s) contemplated hereunder.
33
34 Section 5. The developer shall comply with all Monroe County requirements, all applicable
35 building code requirements, and with the requirements of any and all other federal, state, regional, and local
36 oversight agencies.
37
38 Section 6. Severability.If any provision of this Resolution,or any part or portion thereof,is held
39 to be invalid or unenforceable by any administrative hearing officer or court of competent jurisdiction, the
40 invalidity or unenforceability of such provision, or any part or portion thereof, shall neither limit nor impair
41 the operation, enforceability, or validity of any other provision of this Resolution, or any remaining part(s) or
42 portion(s) thereof. All other provisions of this Resolution, and remaining part(s) or portion(s) thereof, shall
43 continue unimpaired in full force and effect.
44
45 Section 7. The Developer must obtain the building permits for the thirteen (13) affordable
46 housing dwelling unit ROGO allocations on or before February 15, 2025.
47
48
'Approved on February 15,2023.
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I Section 8. The Monroe County Planning and Environmental Resources Department shall reserve
2 thirteen(13)affordable housing allocations consisting of four(4)low income,four(4)median income and five
3 (5)moderate income category allocations,for the subject project at the above-referenced property,as provided
4 with and in accordance with all of the foregoing,until February 15, 2025.
5
6 Section 9. The professional staff of the Monroe County Planning and Environmental Resources
7 and Building Departments are hereby authorized to process expeditiously permit related applications for the
8 above referenced project when received.
9
10 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
11 duly noticed regularly scheduled public meeting held on the 15"'day of May, 2024.
12
13 Mayor Holly Merrill Raschein
14 Mayor Pro Teem James K. Scholl
15 Commissioner Craig Cates
16 Commissioner David Rice
17 Commissioner Michelle Lincoln
18
19 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
20 FLORIDA
21 By:
22 Mayor Holly Merrill Raschein
23 (SEAL)
24
TOREY
25 ATTEST: KEVIN MADOK, CLERK AP VED TO J;0R a
26
27 U a I aw, 4/3
28
29 AS DEPUTY CLERK
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