Item L6 L6
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
July 17, 2024
Agenda Item Number: L6
2023-2639
BULK ITEM: Yes DEPARTMENT: Planning & Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper
N/A
AGENDA ITEM WORDING:
Approval of a Resolution Reserving Ten (10) Low-Income Affordable Housing ROGO Allocations to
Habitat for Humanity of Key West and Lower Florida Keys until July 2, 2029, Pursuant to Monroe
County Land Development Code Section 138-24(b)(1), for the Proposed Construction of Ten(10)
Affordable-Employee Housing Single Family Dwelling Units on Sites To Be Determined Within
Unincorporated Monroe County.
ITEM BACKGROUND:
Habitat for Humanity of Key West and Lower Florida Keys, Inc., has submitted a request to the
Planning & Environmental Resources Department for the reservation of ten (10) low income affordable
ROGO allocations pursuant to Monroe County Land Development Code Section 138-24(b)(1). Habitat
for Humanity of Key West and Lower Florida Keys, Inc. ("Habitat"), is a 501(c)(3) not-for-profit
organization engaged in the construction of affordable housing in the Lower Keys, and has developed
affordable housing units in the Lower Keys.
The overall affordable ROGO allocation pool currently has twenty-two (22) affordable ROGO
allocations in the Lower/Upper Keys Subarea available for potential reservation for qualifying entities
and zero (0) affordable ROGO allocations in the Big Pine/No Name Subarea. Monroe County has
worked closely with Habitat in the past to coordinate land acquisition and ROGO allocations for their
construction of affordable single-family homes.
Habitat currently has thirteen (13)units in their build pipeline that are anticipated to be complete by
September 2025. Although sites are not yet identified for the requested 10 low-income reservations,
Habitat anticipates future acquisition of vacant parcels for development as sites become available.
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Habitat plans to work with the Monroe County Land Authority ("MCLA") to identify and obtain parcels
in order to utilize the affordable permit allocations, and Habitat has a strategic plan in place that will
allow the organization to have the financial capacity to build out these affordable units, with a predicted
timeline of all permits to be issued by roughly 2028.
Given the limited number of affordable ROGO allocations remaining in unincorporated Monroe
County, Habitat for Humanity of Key West and Lower Florida Keys, Inc., is requesting reservation of
ten (10)units through July 2, 2029, so that Habitat can continue its not-for-profit mission to provide
affordable single-family housing to residents of the Lower Keys.
Relevant Code Provision:
Section 138-24(b)(1):
• 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
• 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,
• 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;
• 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;
• 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;
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• 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
• 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 16, 2021, the BOCC adopted Resolution No. 167-2021 approving the inventory of County-
owned real property which may be appropriate for affordable housing.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Request from HFHK W for AF'H reservations May 2024.PDF
RB S O_H ab itat_Lwr_Keys_10_units.p df
FINANCIAL IMPACT:
N/A
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May 15, 2024
0 0
Monroe County Planning & Environmental Resources Department
Attn: Emily Schemper
2798 Overseas Highway, Suite 400
Habitat Marathon, FL 33050
for Humanity"
of Key West and RE:Available Affordable Housing ROGO Allocation Request
Lower Florida Keys
f3oard of Director's Dear Ms, Schemper,
Tei rk Hill,Chaif
Debbie Batty, Vice Chair It has come to the attention of Habitat for Humanity of Key West
Nicholas Wah-pr, Trpaswet
Donna Moore,Secretary and Lower Florida Keys (HFHKW) that there are Affordable ROGO
At Altuve Allocations available within Monroe County, and herein we would
Devon Ayers like to express our interest and request that ten (10) be reserved
Brenda Callahan
Billy Davis for our 501(c)3 non-profit organization,
Joe Moody
Lynda Woods Currently, we have a build pipeline that will take us through 2025
Office and we would like to extend that pipeline with these additional
471 overseas tliolmay affordable allocations.
1,In it 102
Key Wes[,14. Our current pipeline is as follows:
Mailing Address . 22936 Overseas Highway, Units 1-4: 4 Units, estimated
RO.Box 5873
Key West,f L 33045 completion August 2024
Fel; 305-294-9006 * 31371 Avenue F, Big Pine Key: 1 Unit, estimated completion
Fax 815-550-8863 October 2024
I sabihattowei keys.org . 311:42 Avenue F, Big Pine Key: 1 Unit, estimated completion
November 2024
# 31372 Avenue G, Big Pine Key: 1 Unit, estimated completion
December 2024
* 31250 Avenue 1, Big Pine Key:l' Unit, estimated completion
January 2025
si'lreirigth,sl ability, 6 31530 Avenue D, Big Pine Key: 1 Unit, estimated completion
self-refiarice March 2025
shelteir * 30936 Nathalie Road, Big Pine Key: 1 Unit, estimated
completion April 2025
* 28269 Julia Ave., Little Torch Key: 2 Units, estimated
completion June 2025
* 304 Truman Ave., Key West: 1 Unit, estimated completion
September 2025
In conjunction with this request, we plan to work with the Monroe
County Land Authority to identify and obtain adequate land to
utilize these affordable allocations.
Our organization has a strategic plan in place that will provide us
with the financial capacity to build out these affordable units
quickly. We anticipate that we will be able to complete our current
pipeline and utilize these additional units roughly by 2028, bringing
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more housing online as rapidly as possible. To ensure that HFHKW
can utilize the RQGO allocations,we respectfully request to
reserve them until July 1, 2029.
Hab
itat
In order to fulfill this RQGO reservation request, HFHKW is willing
to enter into a Memorandum of Understanding with the County.
for Humanity"
of Key hest and Thank you for your consideration of this request and I look forward
Lower Florida Keys to hearing from you and potentially working with you on this project.
Board of Directors
Terri I IM,C Cara Kind Regards,
Debbie Batty, Vice Chair
air
Mcholas W-ahrer, Trenurer Kristina Welburn
Donna Majear(a,Secretary
Al Alcove Executive Director,
Devon Ayers Habitat for Humanity of Key West and Lower Florida Keys
Brenda Cablian
Bilfy Davis
,Joe Moody
Lynch Woods
Office
471 Overseas Highway
Unit 102 �
Key West,IH.,33040
Mailing Address
t.1::7.Box 587;
Key West,.FlrG 313045
Tel: 305_294-w)()()6
Fax: 815-550-886 3
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11
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 OF TEN (10)
6 LOW-INCOME CATEGORY AFFORDABLE ROGO ALLOCATIONS
7 FROM THE LOWER/UPPER KEYS POOL FOR PROPOSED
8 AFFORDABLE HOUSING DWELLING UNITS ON PROPERTIES TO
9 BE DETERMINED WITHIN UNINCORPORATED MONROE
10 COUNTY, AS REQUESTED BY HABITAT FOR HUMANITY OF KEY
11 WEST AND LOWER FLORIDA KEYS, INC., UNTIL DULY 2, 2029,
12 FOR BUILDING PERMIT ISSUANCE.
13
14 WHEREAS,the State of Florida and all local governments in the Florida Keys recognize that the
15 challenge of providing affordable housing in the unincorporated Florida Keys requires sensible and
16 responsive use of residential unit allocations including implementation of long-term preservation
17 mechanisms in light of the extremely limited developable land suitable for affordable housing; and
18
19 WHEREAS, due consideration should be given to relevant factors such as the capacity for
20 allocation recipients to promptly transform allocation awards/reservations into finished and occupied
21 affordable/workforce housing units; and
22
23 WHEREAS, Monroe County Land Development Code ("LDC") Section 138-24(b)(2) allows
24 the Monroe County Board of County Commissioners (`BOCC", "Board", "Monroe County", or the
25 "County") to authorize reservations for "the county housing authority, nonprofit community
26 development organizations,pursuant to Section 139-1(e),and otherpublic entities established toprovide
27 affordable housing by entering into a memorandum of understanding with one or more of these
28 agencies"; and
29
30 WHEREAS, Habitat for Humanity of Key West and Lower Florida Keys, Inc., is a 501(c)(3)
31 not-for-profit organization engaged in the construction of affordable housing in the Lower Keys, has
32 previously developed affordable housing units in the Lower Keys, and is proposing to develop ten (10)
33 affordable-employee housing units; and
34
35 WHEREAS, the reservation of affordable housing allocations for the anticipated units does not
36 exempt these units from applicable requirements for the Monroe County Comprehensive Plan and
37 Code(s), the Florida Building Code, floodplain management regulations, and other like requirements;
38 and
39
40 WHEREAS, Habitat for Humanity of Key West and Lower Florida Keys, Inc., shall obtain all
41 required approvals from the Monroe County Planning & Environmental Resources and Building
42 Departments for the subject units; and
43
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I WHEREAS, Habitat for Humanity of Key West and Lower Florida Keys, Inc., shall obtain
2 permits for the subject affordable-employee housing dwelling units by July 2, 2029,but if the permit for
3 a reserved ROGO allocation housing unit is not issued by that time, the allocation shall automatically
i revert back to the County by operation of law;
6 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
g COMMISSIONERS OF MONROE COUNTY, FLORIDA:
9 Section 1. The foregoing title, recitals, findings of fact, and conclusions of law are true and
l Q correct and are hereby incorporated as if fully set forth herein.
12 Section 2. The Monroe County Planning & Environmental Resources Department shall reserve
13 ten(10)low income category affordable ROGO allocations,for Habitat for Humanity of Key West and Lower
14 Florida Keys,Inc. ("Habitat"or the "developer"),for development of the subject affordable-employee housing
I g dwelling units on sites to be determined within unincorporated Monroe County,until July 2, 2029.
17 Section 3. Habitat must obtain the building permits for the subject ten (10) affordable housing
14 units on or before July 2, 2029.
20 Section 4. The developer shall comply with all provisions of the Monroe County Code(s),
21 Monroe County Comprehensive Plan, Florida Building Code, and shall comply with all applicable floodplain
22 management regulations, and any other supervisory and/or oversight agencies and their respective regulatory
34 requirements.
25 Section 5. The professional staff of the Monroe County Planning & Environmental Resources
26 Department and Building Department are hereby authorized to expeditiously process permit related
3g applications for the above referenced project(s)when received.
29 Section 6. Construction and Interpretation.The construction and interpretation of this
30 Resolution and all provision(s) of the Monroe County Comprehensive Plan, Florida Building Code, Florida
31 Statutes, and Monroe County Code(s) whose interpretation arises out of, relates to, or is interpreted in
32 connection with this Resolution shall be liberally construed and enforced in favor of the Monroe County
33 BOCC, and shall be deferred in favor of the BOCC and such construction and interpretation shall be entitled
�J to great weight in adversarial administrative proceedings, at trial,bankruptcy, and on appeal.
36 Section 7. No Liability. Monroe County expressly reserves and in no way shall be deemed to
37 have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign, governmental, and any
38 other similar defense, immunity, exemption, or protection against any suit, cause-of-action, demand, or
18 liability.
41 Section 8. Severability.If any provision of this resolution, or any part or portion thereof,is
42 held to be invalid or unenforceable by any administrative hearing officer or court of competent jurisdiction,
43 the 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
continue unimpaired in full force and effect.
48
49 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
50 at a regular meeting held on July 17, 2024.
51
52 Mayor Holly Merrill Raschein
53 Mayor Pro Tem James K. Scholl
54 Commissioner Craig Cates
55 Commissioner David Rice
56 Commissioner Michelle Lincoln
57
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I BOARD OF COUNTY COMMISSIONERS OF MONROE
2 COUNTY, FLORIDA:
3
4 By:
5 Mayor Holly Merrill Raschein
6 (SEAL) MONAOE COUNTY ATTORNEY
7 ATTEST: KEVIN MADOK, CLERK 4�1 CC 11m,,�
gar ; m
9
10
11 AS DEPUTY CLERK
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