HomeMy WebLinkAboutItem J5 J5
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5
The Florida Keys Mayor Pro Tern James K.Scholl,District 3
Craig Cates,District 1
Michelle Lincoln,District 2
' David Rice,District 4
Board of County Commissioners Meeting
December 11, 2024
Agenda Item Number: J5
2023-3423
BULK ITEM: Yes DEPARTMENT: Planning & Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper
AGENDA ITEM WORDING:
A Resolution by the Monroe County Board of County Commissioners Approving the Reservation of
Eighty-Six (86) Affordable Workforce Early Evacuation ROGO Allocations for Proposed Affordable
Workforce Housing Dwelling Units at 92501 Overseas Highway, Tavernier, Monroe County, Florida,
Currently Having Property Identification Number 00089490-000000, Until December 11, 2025, For
Building Permit Issuance.
ITEM BACKGROUND:
Singletary Concrete Products Inc., Blackstone Group Tavernier 925, L.L.C., and The Vestcor
Companies, Inc., (collectively the "Applicant"), is requesting the reservation of eighty-six (86)
affordable early evacuation workforce housing Rate of Growth Ordinance ("ROGO") allocations for
Applicant's project on the real property located at 92501 Overseas Highway, Tavernier, Monroe
County, Florida 33070, having Monroe County Parcel Identification No. 00089490-000000
("Property"). Applicant is requesting said reservation for twelve (12) months from the date of approval
of the requested reservation.
On December 11, 2024, the Board of County Commissioners (BOCC) will hold a public hearing to
consider adoption of an ordinance establishing the Tavernier Workforce Housing Subarea 1, pursuant to
newly created Policy 113.1.1. Per the newly created Policy 113.1.1, the Tavernier Workforce Housing
Subarea 1 shall be eligible to receive up to eighty-six (86) ROGO allocations by means of award of
workforce housing early evacuation building permit allocations from Monroe County pursuant to the
Workforce-Affordable Housing Initiative. Such allocations must be reserved by means of a BOCC
resolution.
The development of these workforce housing units on the subject property shall also require a
Development Agreement pursuant to LDC Section 130-143, Tavernier Commercial Overlay District,
wherein distribution of income categories (low, very low, median and moderate) for the 86 affordable
workforce housing units shall be determined. The reservation of workforce housing early evacuation
building permit allocations for the anticipated project does not exempt the project from applicable
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requirements for the Monroe County Comprehensive Plan, Land Development Code, Florida, Building
Code, and/or other regulatory requirements, and the owner shall obtain all required approvals from the
Monroe County Planning & Environmental Resources Department for the project.
The proposed reservation shall require the developer to obtain building permits for the workforce
housing early evacuation units by December 11, 2025; if the permit for a reserved ROGO allocation
housing unit is not issued by that time, the allocation shall revert to the County.
PREVIOUS RELEVANT BOCC ACTION:
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Ce ex -ROGO Reservation Request
BOC C_Reso_000 8 9490m000000_Cemex_8 6_Early_Evac_Reservation.pdf
FINANCIAL IMPACT:
N/A
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y
Barton W. Smith, Esq.
Jess Miles Goodall, Esq.
Telephone: (305) 296-7227
Email: Bart(&- SmithHawks.com
Jess L&SmithHawks.com
Brandi(&- SmithHawks.com
SENT VIA EMAIL
November 22, 2024
Emily Schemper, Senior Director
Monroe County Planning & Environmental Resources Department
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
Email: Schemper-Emi IyL&MonroeCounty-FL.Gov
RE: SINGLETARY CONCRETE PRODUCTS INC'S. - ROGO RESERVATION FOR
92501 OVERSEAS HWY, TAVERNIER,MONROE COUNTY, FLORIDA
Dear Emily,
Pursuant to Monroe County Land Development Code Section 138-24(b)(2), Singletary
Concrete Products Inc., Blackstone Group Tavernier 925, L.L.C., and The Vestcor Companies, Inc.,
(collectively the"Applicant"),respectfully requests the reservation of eighty-six(86)early evacuation
workforce housing Rate of Growth Ordinance ("ROGO") allocations for Applicant's project on the
real property located at 92501 Overseas Highway, Tavernier, Monroe County, Florida 33070,
having Monroe County Parcel Identification No. 00089490-000000 ("Property"). Applicant is
requesting said reservation for twelve (12) months from the date of approval of the requested
reservation.
Pursuant to the boundary survey dated January 1, 2023, signed and sealed by David Massey,
and the Property has sufficient upland acreage to support the requested eighty-six (86) workforce
housing ROGOs.
The Applicant is applying for the Low-Income Housing Tax Credit (LIHTC) through the
Florida Housing Finance Corporation to development the eighty-six(86) early evacuation workforce
housing dwelling units, and the Applicant is therefore requesting the reservation of the eighty-six(86)
early evacuation workforce housing ROGOs pursuant to Monroe County Land Development Code
Section 138-24(b)(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."
If you require anything further, please do not hesitate to contact our office.
Sincerely,
Bart Smith
BWS/JG/bg
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11
1 rw w„yd ri
2 RESOLUTION NO. -2024
3
4 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
5 COMMISSIONERS APPROVING THE RESERVATION OF EIGHTY-
6 SIX (86) WORKFORCE HOUSING EARLY EVACUATION
7 AFFORDABLE ROGO ALLOCATIONS PURSUANT TO
8 COMPREHENSIVE PLAN POLICY 101.3.12, POLICY 113.1.1, AND
9 MONROE COUNTY LAND DEVELOPMENT CODE SECTION 138-24,
10 FOR PROPOSED AFFORDABLE WORKFORCE HOUSING
11 DWELLING UNITS WITHIN THE "TAVERNIER WORKFORCE
12 HOUSING SUBAREA 199
, ON PROPERTY LOCATED AT 92501
13 OVERSEAS HIGHWAY, KEY LARGO, MONROE COUNTY,
14 FLORIDA, APPROXIMATE MILE MARKER 92.5, CURRENTLY
15 HAVING PROPERTY IDENTIFICATION NUMBER 00089490-000000,
16 AS REQUESTED BY CEMEX CONSTRUCTION MATERIALS,
17 FLORIDA LLC, F/K/A SINGLETARY CONCRETE PRODUCTS INC.,
18 UNTIL MAY 13, 2025, FOR BUILDING PERMIT ISSUANCE.
19
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,on December 11,2024,the Board of County Commissioners("Monroe County",
35 "BOCC", "Board", or the"County")approved adoption of an ordinance(Ordinance No. -2024),
36 establishing the Tavernier Workforce Housing Subarea 1,pursuant to newly created Monroe County
37 Comprehensive Plan Policy 113.1.1; and
38
39 WHEREAS,pursuant to the newly created Policy 113.1.1, the Tavernier Workforce Housing
40 Subarea 1 shall be eligible to receive up to eighty-six (86)ROGO allocations by means of award of
41 workforce housing early evacuation building permit allocations from Monroe County pursuant to
42 the Workforce-Affordable Housing Initiative reserved by means of a BOCC resolution; and
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I WHEREAS, pursuant to Policy 101.3.12 and Monroe County Land Development Code
2 ("LDC") Section 138-24(e), requests for workforce housing early evacuation unit allocations shall
3 require a reservation via BOCC resolution; and
4
5 WHEREAS, development of said workforce housing units on the subject property shall also
6 require a Development Agreement pursuant to LDC Section 130-143, Tavernier Commercial
7 Overlay District, wherein distribution of income categories (low, very low, median and moderate)
8 for the 86 affordable workforce housing units shall be determined; and
9
10 WHEREAS, the reservation of workforce housing early evacuation building permit
11 allocations for the anticipated project does not exempt the project from applicable requirements for
12 the Monroe County Comprehensive Plan, Land Development Code, Florida, Building Code, and/or
13 other regulatory requirements; and
14
15 WHEREAS,the owner shall obtain all required approvals from the Monroe County Planning
16 & Environmental Resources Department for the project; and
17
18 WHEREAS, the owner shall obtain building permits for the workforce housing early
19 evacuation units by December 11, 2025; if the permit for a reserved ROGO allocation housing unit is
20 not issued by that time, the allocation shall automatically revert to Monroe County;
21
22 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
23 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
24
25 Section 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated as if
26 fully set forth herein.
27
28 Section 2. Construction and Interpretation. The Monroe County BOCC hereby ordains that
29 the interpretation of this Resolution and all provisions of the Monroe County
30 Comprehensive Plan,Florida Building Code,Florida Statutes,floodplain management
31 requirements, and Monroe County Codes whose interpretation arises out of,relates to,
32 or is interpreted in connection with this Resolution shall be liberally construed and
33 enforced in favor of the Monroe County BOCC, shall be construed in favor of the
34 Monroe County BOCC, and such interpretation shall be entitled to great weight in
35 adversarial administrative proceedings, at trial, bankruptcy, and on appeal.
36
37 Section 3. The Monroe County Planning and Environmental Resources Department
38 ("Department") shall extend the reservation of eighty-six (86) affordable workforce
39 housing early evacuation building permit allocations for the project at 92501 Overseas
40 Hwy, Tavernier, Key Largo, currently having property identification number
41 00089490-000000, until December 11, 2025.
42
43 Section 4. The developer must obtain the building permits for the eighty-six (86) affordable
44 workforce housing early evacuation housing units on or before December 11, 2025.
45
46 Section 5. This Resolution is subject to the requirements of the Monroe County Code of
47 Ordinances, Land Development Code, Comprehensive Plan, Florida Statutes, and
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I Florida Administrative Code,and, in addition,this Resolution shall not become legally
2 effective until the above-referenced Ordinance adopting Comprehensive Plan Policy
3 113.1.1 becomes legally effective and any and all adversarial administrative
4 proceeding(s) and/or litigation regarding said Ordinance has fully and finally
55 concluded.
7 Section 6. The developer shall comply with the Monroe County Comprehensive Plan, Monroe
8 County Land Development Code, Monroe County Code of Ordinances, Florida
9 Building Code, floodplain management regulations, and any and all other
10 requirements of Monroe County and/or State and/or Federal oversight agencies.
11
12 Section 7. The Department and Monroe County Building Department and Floodplain
13 Management Office professional staff are hereby authorized to process expeditiously
114
5 permit related applications for the above referenced project when received.
16 Section 8. No Liability. Monroe County expressly reserves and in no way shall be deemed to
17 have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign,
18 governmental, and any other similar defense, immunity, exemption, or protection
20 against any suit, cause-of-action, demand, or liability.
21 Section 9. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. If any
22 portion of this Resolution, or any part or portion thereof, is held to be invalid or
23 unenforceable by any administrative hearing officer or court of competent jurisdiction,
24 the invalidity or unenforceability of such provision,or any part or portion thereof,shall
25 neither limit nor impair the operation, enforceability, or validity of any other provision
26 of this Resolution, or any remaining part(s) or portion(s)thereof. All other provisions
27 of this Resolution, and remaining part(s) or portion(s) thereof, shall continue
228
9 unimpaired in full force and effect.
30 Section 10. This Resolution shall become effective as provided by law and stated above.
31
32 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
�4 Florida, at a regularly scheduled public meeting held on the 1 lth day of December, 2024.
35 Mayor James K. Scholl
36 Mayor Pro Tem Michelle Lincoln
37 Commissioner Craig Cates
38 Commissioner David Rice
39
40 Commissioner Holly Merrill Raschein
41 BOARD OF COUNTY COMMISSIONERS OF MONROE
42 43 COUNTY, FLORIDA
44
45 By:
46 Mayor James K. Scholl
47 ATTEST: KEVIN MADOK, CLERK
48 MONROE COUNTY ATTORNEY
49 �r�: ._m -
50
51 AS DEPUTY CLERK
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