Item J3 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
October 16, 2024
Agenda Item Number: J3
2023-3056
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 an Extension of the
Existing Reservation of Ten (10) Moderate-Income Affordable Housing ROGO Allocations, as
Requested by Abit Holdings, LLC, for Proposed Affordable Housing Dwelling Units at 103925,
103935, 103945, 103955, and 103965 Overseas Highway, Key Largo, Monroe County, Florida,
Currently Having Property Identification Numbers 00475240-000000, 00475250-000000, 00475260-
000000, 00475270-000000, and 00475280-000000 Until May 13, 2025, for Building Permit Issuance.
ITEM BACKGROUND:
Abit Holdings LLC ("the Applicant") has requested an extension of the reservation of ten (10) moderate
income affordable ROGO allocations pursuant to Monroe County Land Development Code ("LDC")
Section 138-24(b)(2), for property located at 103925, 103935, 103945, 103955, and 103965 Overseas
Highway, Key Largo, Monroe County, Florida, Currently Having Property Identification Numbers
00475240-000000, 00475250-000000, 00475260-000000, 00475270-000000, and 00475280-000000
until May 13, 2025. The Applicant would be required to obtain all necessary development approvals
from Monroe County and all applicable state and federal regulatory and other governmental
requirements by this date.
On December 13, 2023, the BOCC approved Resolution No. 644-2023, which reserved ten (10)
affordable housing allocations on the subject property for one year (through December 13, 2024). On
May 20, 2024, the BOCC adopted ordinances amending the Future Land Use Map and Land Use
District map for the subject property to Mixed Use/Commercial and Suburban Commercial,
respectively.
Abit Holdings, LLC, submitted applications for a Planning Commission Variance and for a Minor
Conditional Use Permit on May 31, 2024. On September 18, 2024, revised plans to the applications
were submitted. Both applications are under currently under review and pending public
meetings/hearings necessary for consideration of approval. The applicant is requesting an extension of
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the reservation of ten (10) moderate income affordable ROGO allocations in order to complete the
process for development approval and obtain building permits.
Per Section 138-24(b)(2), the BOCC may reserve affordable ROGO allocations for specific affordable
or employee housing projects...receiving some form of direct financial assistance from the county upon
written request from the project sponsor and approved by resolution of the BOCC.
Per the Application: The basis of the reservation request would be under section 138-24 b(2), by
receiving direct financial assistance from the county. Specifically, in the form of a request to waive the
fees for the application of a minor conditional use permit to allow ten affordable housing units on the
project parcel.
The proposed development would also qualify for financial assistance from the County through a
waiver of impact fees, and would be eligible to request a waiver of building permit fees as well.
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) Specific affordable or employee housing projects participating in a federal/state housing financial
assistance or tax credit program or receiving some form of direct financial assistance from the county
upon written request from the project sponsor and approved by resolution of the BOCC;
(3) Specific affordable or employee housing projects sponsored by nongovernmental not-for-profit
organizations above upon written request from the project sponsor and approved by resolution of the
BOCC;
(4) Specific affordable or employee housing programs sponsored by the county pursuant to procedures
and guidelines as may be established from time to time by the BOCC;
(5) Specific affordable or employee housing projects by any entity, organization, or person, contingent
upon transfer of ownership of the underlying land for the affordable housing project to the county, a
not-for-profit community development organization, or any other entity approved by the BOCC, upon
written request from the project sponsor and approved by resolution of the BOCC; or
(6) Rental employee housing projects situated on the same parcel of land as the nonresidential
workplace for the tenants of these projects, upon written request from the property owner and approved
by resolution of the BOCC.
PREVIOUS RELEVANT BOCC ACTION:
On December 13, 2023, BOCC approved Resolution No. 643-2023 to transmit Ordinance amending the
Monroe County Future Land Use Map from Residential Medium to Mixed Use/Commercial.
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On December 13, 2023, BOCC approved Resolution No. 644-2023 for the reservation of ten (10)
affordable housing allocations.
On March 20, 2024, BOCC approved Ordinance 006-2024 amending the Monroe County Future Land
Use Map from Residential Medium to Mixed Use/Commercial.
On March 20, 2024, BOCC approved Ordinance 007-2024 amending the Monroe County Land Use
Map from Improved Subdivision to Suburban Commercial.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Professional staff recommend approval.
DOCUMENTATION:
RESO—00475240-00475280—BOCC_2024.pdf
BOCC Resolution 644-2023
Abit Holdings ROGO Reservation Extension Request
Florida Division of Corporations -Abit Holdings, LLC.pdf
FINANCIAL IMPACT:
N/A
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11
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2 RESOLUTION NO. -2024
3
4 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
5 COMMISSIONERS APPROVING A REQUEST BY DAVID
6 THOMPSON IN HIS OFFICIAL CAPACITY AS THE SOLE
7 PRINCIPAL OF ABIT HOLDINGS,LLC,FOR AN EXTENSION OF AN
8 EXISTING BOCC RESERVATION OF TEN (10) MODERATE
9 INCOME CATEGORY AFFORDABLE ROGO ALLOCATIONS FOR
10 PROPOSED AFFORDABLE HOUSING DWELLING UNITS ON
11 PROPERTY LOCATED AT 103925, 103935, 103945, 103955, 103965
12 OVERSEAS HIGHWAY, KEY LARGO, MONROE COUNTY,
13 FLORIDA ON LOTS 9-13,BLOCK 7,LARGO SOUND VILLAGE,KEY
14 LARGO, APPROXIMATE MILE MARKER 104, CURRENTLY
15 HAVING PROPERTY IDENTIFICATION NUMBERS 00475240-
16 000000, 00475250-000000, 00475260-000000, 00475270-000000, AND
17 00475280-000000, AS REQUESTED DAVID THOMPSON FOR ABIT
18 HOLDINGS, LLC, PROPERTY OWNER, UNTIL MAY 13, 2025, FOR
19 BUILDING PERMIT ISSUANCE.
20
21 WHEREAS,the State of Florida and all local governments in the Florida Keys (each subject
22 to Area of Critical State Concern mandates relating to housing affordability) recognize the need for
23 affordable housing throughout the state and particularly in the Florida Keys where developable land
24 for housing is extremely limited and expensive; and
25
26 WHEREAS,the challenge of providing affordable housing opportunities in the Florida Keys
27 is one requiring sensible and responsive use of residential unit allocations, including implementation
28 of long-term preservation mechanisms; and
29
30 WHEREAS, due consideration should be given to relevant factors such as the capacity for
31 allocation recipients to promptly transform allocation awards/reservations into finished and occupied
32 affordable/workforce housing units; and
33
34 WHEREAS, LDC Section 138-24(b)(2) allows the BOCC to authorize reservations for
35 "specific affordable or employee housing projects participating in a federal/state housing financial
36 assistance or tax credit program or receiving some form of direct financial assistance from the county
37 upon written request from the project sponsor and approved by resolution of the Board of County
38 Commissioners"; and
39
40 WHEREAS, on December 13, 2023, the Monroe County Board of County Commissioners
41 ("Monroe County","BOCC","Board",or the"County")approved BOCC Resolution No.644-2023,
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I reserving ten affordable housing allocations on the subject property through December 13, 2024;
2 and
3 WHEREAS, Abit Holdings, LLC., is requesting additional time to obtain development
4 approvals for the development of the property with ten (10) affordable housing units; and
5
6 WHEREAS,the reservation of affordable housing allocations for the anticipated project does
7 not exempt the project from applicable requirements for the Monroe County Comprehensive Plan,
8 Land Development Code, Florida Building Code, floodplain management regulations, and/or other
9 regulatory requirements and/or requirements of law; and
10
11 WHEREAS, Abit Holdings, LLC, shall obtain all required approvals from the Monroe
12 County Planning & Environmental Resources Department for the subject project; and
13
14 WHEREAS, Abit Holdings, LLC, shall obtain building permits for the affordable housing
15 dwelling units by May 13, 2025; if the permit for a reserved ROGO allocation housing unit is not
16 issued by that time, the allocation shall automatically revert by operation of law back to the County;
17
18 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
19 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
20
21 Section 1. Recitals and Legislative Intent. The foregoing findings and determinations are true
22 and correct and are hereby incorporated as if fully set forth herein.
23
24 Section 2. Construction and Interpretation. This Resolution is necessary for the health, safety,
25 and welfare of the residents of and visitors to the county. This Resolution and its
26 interpretation shall be liberally construed and enforced in favor of the Monroe County
27 BOCC. The construction and interpretation of this Resolution and all Monroe County
28 Comprehensive Plan provision(s), Florida Statute(s), and Monroe County Code(s)
29 provision(s) whose interpretation arises out of, relates to, or is interpreted in
30 connection with this Resolution shall be liberally construed and enforced in favor of
31 the BOCC and such construction and interpretation shall be entitled to great weight in
32 adversarial administrative proceedings, at trial, bankruptcy, and on appeal.
33
34 Section 3. The Monroe County Planning & Environmental Resources Department
35 ("Department") shall extend the reservation of ten (10) moderate income category
36 affordable ROGO allocations, for the project on Lots 9-13, Block 7, Largo Sound
37 Village, Key Largo, currently having property identification numbers 00475240-
38 000000, 00475250-000000, 00475260-000000, 00475270-000000, and 00475280-
39 000000, until May 13, 2025.
40
41 Section 4. The developer must obtain the building permits for the ten (10) affordable housing
42 units on or before May 13, 2025.
43
44 Section 5. The developer shall comply with the Monroe County Comprehensive Plan, Land
45 Development Code, Florida Building Code, floodplain management regulations, and
46 any and all other requirements of Monroe County and/or State and/or Federal oversight
47 agencies.
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4687
1
2 Section 6. The Department and Monroe County Building Department and Floodplain
3 Management Office professional staff are hereby authorized to process expeditiously
4 permit related applications for the above referenced project when received.
5
6 Section 7. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. If any
7 portion of this Resolution, or any part or portion thereof, is held to be invalid or
8 unenforceable by any administrative hearing officer or court of competent jurisdiction,
9 the invalidity or unenforceability of such provision,or any part or portion thereof,shall
10 neither limit nor impair the operation, enforceability, or validity of any other provision
11 of this Resolution, or any remaining part(s) or portion(s)thereof. All other provisions
12 of this Resolution, and remaining part(s) or portion(s) thereof, shall continue
13 unimpaired in full force and effect.
14
15 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
16 Florida at a regular meeting held on the 16th day of October, 2024.
17
18 Mayor Holly Merrill Raschein
19 Mayor Pro Tem James Scholl
20 Commissioner Craig Cates
21 Commissioner Michelle Lincoln
22 Commissioner David Rice
23
24 BOARD OF COUNTY COMMISSIONERS OF MONROE
25 COUNTY, FLORIDA
26
27
28 By:
29 Mayor Holly Merrill Raschein
30
31 ATTEST: KEVIN MADOK CLERK o" oor ATTORNEY
32
Dale:
33
34
35 AS DEPUTY CLERK
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11
1 rw w„yd ri
2 RESOLUTION NO. 644 -2023
3
4 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
5 COMMISSIONERS APPROVING THE RESERVATION OF TEN
6 MODERATE INCOME CATEGORY AFFORDABLE ROGO
7 ALLOCATIONS FOR PROPOSED AFFORDABLE HOUSING
8 DWELLING UNITS ON PROPERTY LOCATED AT 103925, 103935,
9 103945, 103955, 103965 OVERSEAS HIGHWAY, KEY LARGO,
10 MONROE COUNTY, FLORIDA ON LOTS 9-13, BLOCK 7, LARGO
11 SOUND VILLAGE, KEY LARGO, APPROXIMATE MILE MARKER
12 104, CURRENTLY HAVING PROPERTY IDENTIFICATION
13 NUMBERS 00475240-000000, 00475250-000000, 00475260-000000,
14 00475270-000000, AND 00475280-000000, AS REQUESTED BY ABIT
15 HOLDINGS, LLC., AS PROPERTY OWNER, UNTIL DECEMBER 13,
16 2024, FOR BUILDING PERMIT ISSUANCE.
17
18 WHEREAS,the State of Florida and all local governments in the Florida Keys (each subject
19 to Area of Critical State Concern mandates relating to housing affordability) recognize the need for
20 affordable housing throughout the state and particularly in the Florida Keys where developable land
21 for housing is extremely limited and expensive; and
22
23 WHEREAS,the challenge of providing affordable housing opportunities in the Florida Keys
24 is one requiring sensible and responsive use of residential unit allocations, including implementation
25 of long-term preservation mechanisms; and
26
27 WHEREAS, due consideration should be given to relevant factors such as the capacity for
28 allocation recipients to promptly transform allocation awards/reservations into finished and occupied
29 affordable/workforce housing units; and
30
31 WHEREAS, LDC Section 138-24(b)(2) allows the BOCC to authorize reservations for
32 "specific affordable or employee housing projects participating in a federal/state housing financial
33 assistance or tax credit program or receiving some form of direct financial assistance from the county
34 upon written request from the project sponsor and approved by resolution of the Board of County
35 Commissioners"; and
36
37 WHEREAS, on December 13, 2023, the Monroe County BOCC approved transmittal to the
38 State Land Planning Agency of a proposed amendment to the Future Land Use Map (FLUM)
39 designation of the subject property from Residential Medium to Mixed Use/Commercial; and
40
41 WHEREAS, Abit Holdings, LLC., is proposing to develop the property with ten (10)
42 affordable housing units; and
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I WHEREAS, the property owner has also requested a corresponding Land Use District
2 (Zoning) map amendment for the subject property from Improved Subdivision to Suburban
3 Commercial; and
4
5 WHEREAS,the reservation of affordable housing allocations for the anticipated project does
6 not exempt the project from applicable requirements for the Monroe County Comprehensive Plan,
7 Land Development Code, Florida, Building Code, and/or other regulatory requirements; and
8
9 WHEREAS, Abit Holdings, LLC, shall obtain all required approvals from the Monroe
10 County Planning & Environmental Resources Department for the project; and
11
12 WHEREAS, Abit Holdings, LLC, shall obtain building permits for the affordable housing
13 dwelling units by December 13, 2024; if the permit for a reserved ROGO allocation housing unit is
14 not issued by that time, the allocation shall revert to the County;
15
16 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
17 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
18
19 Section 1. Recitals and Legislative Intent. The foregoing findings and determinations are true
20 and correct and are hereby incorporated as if fully set forth herein.
21
22 Section 2. Construction and Interpretation. This Resolution is necessary for the health, safety,
23 and welfare of the residents of and visitors to the county. This Resolution and its
24 interpretation shall be liberally construed and enforced in favor of Monroe County to
25 effectuate its County public purpose(s). The construction and interpretation of this
26 Resolution and all Monroe County Comprehensive Plan provision(s), Florida
27 Statute(s), and Monroe County Code(s) provision(s) whose interpretation arises out
28 of, relates to, or is interpreted in connection with this Resolution shall be liberally
29 construed and enforced in favor of Monroe County and such construction and
30 interpretation shall be entitled to great weight in adversarial administrative
31 proceedings, at trial, bankruptcy, and on appeal.
32
33 Section 3. The Monroe County Planning & Environmental Resources Department
34 ("Department") shall reserve ten (10) moderate income category affordable ROGO
35 allocations, for the project on Lots 9-13, Block 7, Largo Sound Village, Key Largo,
36 currently having property identification numbers 00475240-000000, 00475250-
37 000000, 00475260-000000, 00475270-000000, and 00475280-000000, until
38 December 13, 2024.
39
40 Section 4. The developer must obtain the building permits for the ten (10) affordable housing
41 units on or before December 13, 2024.
42
43 Section 5. The developer shall comply with the Monroe County Comprehensive Plan, Land
44 Development Code, Florida Building Code, floodplain management regulations, and
45 any and all other requirements of Monroe County and/or State and/or Federal oversight
46 agencies.
47
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4690
I Section 6. The Department and Monroe County Building Department and Floodplain
2 Management Office professional staff are hereby authorized to process expeditiously
3 permit related applications for the above referenced projectt when received.
4
5 Section 7. Inconsistency, Partial Invalidity, Severabilitv. and Survival of Provisions. If any
6 portion of this Resolution, or any part or portion thereof, is held to be invalid or
7 unenforceable by any administrative hearing officer or court of competent jurisdiction,
8 the invalidity or unenforceability of such provision,or any part or portion thereof, shall
9 neither limit nor impair the operation,enforceability,or validity of any other provision
10 of this Resolution, or any remaining part(s) or portion(s)thereof All other provisions
II of this Resolution, and remaining part(s) or portion(s) thereof" shall continue
12 unimpaired in full force and effect.
13
14 PASSED AND ADoP,rED by the Board of County Commissioners of Monroe County,
15 Florida at a regular meeting held on the 13"' day of December, 2023.
16
17 Mayor Holly Merrill Raschein Yes
18 Mayor Pro Tern James K. Scholl Yes
19 Commissioner Craig Cates Ae$.............
20 Commissioner Michelle Lincoln —yea--------
21 Conunissioner David Rice Yes
22
23 BOARD OF COUNTY COMMISSIONERS OF MONROE
24, "I'l, "P, COUNTY, FLORIDA
2
A�
B y:
2
iolly Merrill Raschein Mayor I
30 TES K VIN MADOK, CLERK
MONROE COUNTY ATTORNEY
31
32 -A-
33
34 AS DEPUTY CLERK
CJ
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4691
��0�.����0� �����
����� ���N �� ��� �
September 6,2U24 �EP 11 7O?&
David Thompson MONROE CO. PLANNING DEPT.
A0THo|dings, LLC
P(J Box 62O Tavernier, FL33O37
305-394-3473
'
Emily Schemper, Director
Monroe County Planning and Environmental Resources
2798 Overseas Highway
5u|te4OO
Marathon, FL33O50
Emai|:
Dear Emily,
| am requesting an extension of the reservation RESOLUTION NO. 644-2023 often /10> moderate
affordable housing allocations for a development project located at mile marker 103.9,specifically, lots
9-13 block 7, Largo Sound Village.
Due to the additional compliance review timeline that has been required and the timing of Planning
Commission schedules,as well as Development Review Committee meetings, I do not believe I will meet
the one (1)year deadline ofDecemher13,2OI4.
On or about December 13, 2024, 1 do expect to be in final building department review and,from what I
understand, possibly within Conditional Use approval appeal period of 45-60 days. Subsequently, | likely
expect to be able pick up the full development permits for the first phase of the development,which is
the affordable housing building sometime in January orFebruary.
Just to err on the safe side I am requesting an additional six(6) months extension of time to May 13,
2D25to account for any unforeseen delays.
It is my full intention to begin construction in earnest on the affordable housing as soon as the permits
can be picked up, preferably January nf2025.
Thank you for your consideration. Please feel free to contact me with any questions.
Sincerely,
David Thompson
4692
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I[:)etalil by IEE;iirvfl- Name
Florida Limited Liability Company
ABIT HOLDINGS, LLC
Filling Information
Document Number L13000105056
FEI/EIN Number N/A
Date Filed 07/24/2013
State FL
Status ACTIVE
Principal Address
232 s airport rd
Tavernier, FL 33070
Changed: 04/21/2023
Mailing Address
PO BOX 628
TAVERNIER, FL 33070
Registered Agent Name&Address
THOMPSON, DAVID R
232 s airport rd
Tavernier, FL 33070
Address Changed: 04/21/2023
Authorized Person(s) Detail
Name&Address
Title MGRM
Thompson, David R
232 s airport rd
Tavernier, FL 33070
Annual Reports
Report Year Filed Date
2022 04/27/2022
2023 04/21/2023
2024 04/29/2024
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