HomeMy WebLinkAboutItem J2 J2
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor James K.Scholl,District 3
The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2
Craig Cates,District 1
David Rice,District 4
Holly Merrill Raschein,District 5
Board of County Commissioners Meeting
January 15, 2025
Agenda Item Number: J2
2023-3360
BULK ITEM: Yes DEPARTMENT: Planning & Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper
AGENDA ITEM WORDING:
BOCC Consideration of a Request to Approve a Resolution Extending the BOCC's Existing
Reservation of Three (3) Moderate-Income Affordable Housing ROGO Allocations for Proposed
Affordable Housing Dwelling Units at Brinton Environmental Center, Located at 23800 Overseas
Highway, Summerland Key, Monroe County, Florida, Currently Having Property Identification
Number 00114850-000000, Until December 13, 2025, For Building Permit Issuance.
ITEM BACKGROUND:
The Boy Scouts of America("BSA") has applied for, through Smith Hawks P.L. acting as their agent,
for a 1-year extension to the reservation of three (3) moderate income affordable ROGO allocations
pursuant to Monroe County Land Development Code("LDC") Section 138-24(b)(3), for property
located at 23800 Overseas Hwy, Summerland Key, commonly known as the Brinton Environmental
Center. Building Permits would be required to be issued by December 13, 2025.
The BSA would be required to obtain all necessary development approvals from Monroe County and
all applicable state and federal regulatory and other governmental requirements.
Per the Application: The applicant is a nongovernmental not-for-profit organization seeking to
redevelop portions of the Property by developing additional with above base flood institutional
residential units. Applicant is therefore requesting the reservation of[two (2)] affordable housing
ROGO[allocations]pursuant to Monroe County Land Development Code Section 138-24(b)(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" in order to permit the re-development at the Property.
The Applicant has indicated that BSA wishes to build two additional staff housing units on the property,
each having five bedrooms and a shared common living area, in order to accommodate staff for
increased programming and camper numbers. Previously,per Development Order No. 02-03 (Monroe
County Planning & Environmental Resources Department File No. 23002), a conditional use permit
was issued for the construction of two (2) new deed restricted affordable housing units, to be used as
1520
employee housing, each with five bedrooms. The current proposal is similar, but has yet to be reviewed
for amendment/deviation to the conditional use permit.
Salient Land Development Code Provision:
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:
(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:
December 13, 2023, BOCC Resolution No. 639-2023 approved the reservation of three (3) moderate
income Affordable Housing Units until December 13, 2024.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
A d Boyscouts reservation Request 10.23.PDF
ROGO Reservation Extension Request- 11.18.2024.PDF
BOCC_Reso_00114850-000000_12.16.2024.pdf
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FINANCIAL IMPACT:
N/A
1522
S 1 1""' 1"',
Barton W. Smith, Esq.
Jess Miles Goodall, Esq.
Telephone: (305)296-7227
Email: awks.com
JessL&SmithHawks.com
Brandi(&- SmithHawks.com
SENT VIA EMAIL
October 24, 2023
Emily Schemper, Senior Director
Monroe County Planning & Environmental Resources Department
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
Email: Scheinper-EinilyL&MonroeCounly-FL.Gov
RE: AMENDED - BOY SCOUTS OF AMERICA - ROGO RESERVATION REQUEST
FOR 23800 OVERSEAS HIGHWAY, SUMMERLAND KEY, FLORIDA
Dear Emily,
Pursuant to Monroe County Land Development Code Section 138-24(b)(2), our client,
Boy Scouts of America ("Applicant"), respectfully requests the reservation of two (2) moderate
affordable Rate of Growth Ordinance ("ROGO") allocations for Applicant's project on the
property located at 23800 Overseas Highway, Summerland Key, Florida; Monroe County Parcel
ID. No. 00114850-000000 ("Property"). Applicant is requesting said reservation for twelve (12)
months from the date of approval of the requested reservation.
Pursuant to a prior Minor Conditional Use Permit(DO 402-03) approved in 2003, and the
boundary survey signed and sealed by Frederick Hildebrandt, dated April 29, 2002,the Property's
upland acreage is approximately 7.69, which is sufficient to support the requested two moderate
(2) affordable ROGOs. Additionally, the two (2) moderate affordable housing dwelling units will
not be developed within a VE flood zone.
Applicant is a nongovernmental not-for-profit organization seeking to redevelop portions
of the Property by developing additional with above base flood institutional residential units.
Applicant is therefore requesting the reservation of the one(1) affordable housing ROGO pursuant
to Monroe County Land Development Code Section 138-24(b)(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" in order
to permit the re-development at the Property.
If you require anything further, please do not hesitate to contact our office.
Sincerely,
B3 a I
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/- TTORINEYS AT LAW
Jess Miles Goodall, Esq.
Telephone: (305) 296-7227
Email: JessL&SmithHawks.com
Brandi(&- SmithHawks.com
SENT VIA EMAIL
November 18, 2024
Emily Schemper, Planning Director
Monroe County Planning & Environmental Resources Department
2798 Overseas Highway, Suite 400
Marathon, FL 33050
Email: Schemper-Emi IyL&MonroeC ounjy-FL.Gov
RE: REQUEST FOR TIME EXTENSION OF THREE (3) AFFORDABLE ROGO
ALLOCATIONS FOR PROPOSED EMPLOYEE HOUSING DWELLING UNITS
APPROVED BY BOARD OF COUNTY COMMISSIONERS RESOLUTION NO.639-2023.
Dear Emily,
Please accept this correspondence, on behalf of Boy Scouts of America ("Applicant"), as a
request for a twelve(12)month extension of time for the reservation of three(3)moderate affordable
ROGO allocations, approved by the Monroe County Board of Commissioners ("BOCC") Resolution
No. 639-2023, attached hereto as Exhibit A. The Applicant applied for the reservation of three (3)
moderate affordable ROGO allocations pursuant to Monroe County Land Development Code Section
138-24(b)(3) for the proposed development of employee housing on the real property located at
23800 Overseas Highway, Summerland Key, Florida; having Monroe County Parcel Identification
Number 00114850-000000. The Applicant's request was approved by the BOCC at a regularly
scheduled meeting on December 13, 2024, for period of twelve (12) months, which expires on
December 13, 2024.
In order to comply with Monroe County building permit requirements to develop the three(3)
employee housing dwelling units, the applicant is requesting that the BOCC grant an additional
twelve (12) month time extension to BOCC Resolution 639-2023, thereby granting sufficient time
for the Applicant and the County to finalize any 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.
If you require anything further, or have any questions and/or concerns, please do not hesitate
to contact our office.
Sincerely,
<
less,Miles Goodaff.......
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2 RESOLUTION NO. 639 -2023
3
4
5 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
6 COMMISSIONERS APPROVING THE RESERVATION OF THREE(3)
7 MODERATE-INCOME AFFORDABLE HOUSING ROGO
8 ALLOCATIONS FOR PROPOSED AFFORDABLE HOUSING
9 DWELLING UNITS AT THE BRINTON ENVIRONMENTAL CENTER,
10 LOCATED AT 23800 OVERSEAS HIGHWAY, SUMMERLAND KEY,
11 MONROE COUNTY, FLORIDA, CURRENTLY HAVING PROPERTY
12 IDENTIFICATION NUMBER 00114850-000000, UNTIL DECEMBER
13 13, 2024, FOR BUILDING PERMIT ISSUANCE.
14
15 WHEREAS,the State of Florida and all local governments in the Florida Keys (each subject
16 to Area of Critical State Concern mandates relating to housing affordability) recognize the need for
17 affordable housing throughout the state and particularly in the Florida Keys where developable land
18 for housing is extremely limited and expensive; and
19
20 WHEREAS,the challenge of providing affordable housing opportunities in the Florida Keys
21 is one requiring sensible and responsive use of residential unit allocations, including implementation
22 of long-term preservation mechanisms; and
23
24 WHEREAS, due consideration should be given to relevant factors such as the capacity for
25 allocation recipients to promptly transform allocation awards/reservations into finished and occupied
26 affordable/workforce housing units; and
27
28 WHEREAS, in accordance with Monroe County Land Development Code ("LDC") § 138-
29 24(b)(3) the Monroe County Board of County Commissioners ("BOCC", "Board", "Monroe
30 County", or the "County") may authorize affordable housing ROGO allocation reservations
31 for "Specific affordable or employee housingprojects sponsored by nongovernmental not-for-profit
32 organizations above upon written request tom the project sponsor and approved by resolution of
33 the BOCC,"and
34
35 WHEREAS,the applicant desires to develop employer owned rental housing as defined in
36 LDC Section 101-1 and pursuant to LDC Section 139-1(b)(6)k., consisting of units of not more than
37 two (2)tenants per bedroom; with a maximum of three (3)bedrooms per unit; and
38
39 WHEREAS,the reservation of affordable housing allocations for the anticipated project, does
40 not exempt the project from applicable requirements for the Monroe County Codes, Monroe County
1 of 3
T 1526
I Comprehensive Plan, Building Code(s), floodplain management regulations, and/or other federal,
2 state, and local requirements; and
3
4 WHEREAS, the applicant Boy Scouts of America ("BSA") shall obtain all required
5 approvals from the Monroe County Planning and Environmental Resources Department
6 ("Department")for this project; and
7
8 WHEREAS,the applicant BSA shall obtain permit for the affordable housing dwelling unit
9 by December 13, 2024; if the permits are not issued, the allocations shall automatically revert
10 back to the Monroe County BOCC by operation of law;
11
12 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
13 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
14
15 Section 1. The foregoing recitals are true and correct, and are hereby incorporated as if
16 fully set forth herein.
17
18 Section 2. Construction and Interpretation. The interpretation of this Resolution and
19 all floodplain management regulations, Florida Statutes, Florida Building Code(s), Monroe County
20 Comprehensive Plan, Monroe County Code(s), Florida Statutes, and Monroe County Code(s)
21 provisions whose interpretation arises out of, relates to, or is interpreted in connection with this
22 Resolution shall be liberally construed and enforced in favor of the BOCC and such interpretation
23 shall be entitled to great weight in adversarial administrative proceedings, at trial,bankruptcy, and on
24 appeal. To the extent of any conflict within one or more part(s), portion(s), or section(s) within this
25 Resolution and to the extent of any conflict within any part(s), portion(s), or section(s) of this
26 Resolution vis-a-vis any prior representation or agreement of any kind, approval, development order,
27 development permit, letter of understanding, or letter of development rights determination, the more
28 restrictive is deemed to be controlling.
29
30 Section 3. No Liability. Monroe County expressly reserves and in no way shall be
31 deemed to have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign,
32 governmental, and any other similar defense, immunity, exemption, or protection against any suit,
33 cause-of-action,demand,or liability.
34
35 Section 4. Non-Reliance by Third-Parties. No person or entity shall be entitled to rely
36 upon the terms, or any of them, of this Resolution to enforce or attempt to enforce any third-party
37 claim(s) or entitlement(s)to or benefit(s) of any term(s) contemplated hereunder.
38
39 Section 5. Severability.If any provision of this Resolution, or any part or portion thereof,
40 is held to be invalid or unenforceable by any administrative hearing officer or court of competent
41 jurisdiction, the invalidity or unenforceability of such provision, or any part or portion thereof, shall
42 neither limit nor impair the operation, enforceability, or validity of any other provision of this
43 Resolution, or any remaining part(s) or portion(s)thereof. All other provisions of this Resolution, and
44 remaining part(s) or portion(s)thereof, shall continue unimpaired in full force and effect.
45
2 of 3
1527
I Section 6. The Department shall reserve three (3) moderate income affordable housing
2 allocations, for the applicant 13SA at the above-referenced Brinton E'rivironmental Center located at
3 23800 Overseas llwy, Summerland Key, currently having Property Identification No. 00114850-
4 000000, until December 13, 2024, for the development of employer owned rental housing as defined in
LDC Section 10 1-I and pursuant to L.I)C Section 139-1(b)(6)k.
5
6 Section 7. The applicant must obtain the building permit f(.)r the affordable housing units
7 on or before December 13, 2024.
8
9 Section 8. The applicant shall comply with all local, state, and federal requirements,
10 including but not limited to all requirenients of the Florida ftilding Code(s), Monroe County
I I Comprehensive Plan, Monroe County Code(s), and requirements of any and all oversight agencies,
12
13 Section 9. The professional staff of the Monroe Planning and E'rivironniental
14 Resources and Building Departments are hereby authorized to process expeditiously permit related
15 applications for the above referenced prqject when received,
16
17 PASSED AND ADOPTED by the Board Of County Commissioners of Monroe County,
18 Florida,at a duly noticed regularly scheduled public meeting held on the 13"'day of December,2023.
19
20 Mayor I folly Merrill Raschein Yes —
21 Mayor Ilro 'l'em James K. Scholl Yes —22 Comm issioner Craig Cates Yes
23 Commissioner Michelle Lincoln Yes
24 Commissioner David Rice Yes
25
26 BOARD OF COUNTY COMMISSIONERS OF MONROL,"
27 COUNTY, FLORIDA
31
X
4
329R fly:
IN, Mayor Holly Merrill Raschein
�
3
32 ,
33 AfniS�I: N MADOK, CLERK
34
35
36
37 AS DEPUTY CLERK.
D E R E K Ye; )W=A=FRIrF)__'_
ASSISTANT1�6UNTY ATTORNEY
12/28/23
3 of'3
EX Fi I B I TA 1528
fl
1 A.wri,
2 RESOLUTION NO. -2024
3
4
5 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
6 COMMISSIONERS APPROVING THE RESERVATION EXTENSION
7 OF THREE(3)MODERATE-INCOME AFFORDABLE HOUSING ROGO
ALLOCATIONS FOR PROPOSED AFFORDABLE HOUSING
8 DWELLING UNITS AT THE BRINTON ENVIRONMENTAL CENTER,
9 LOCATED AT 23800 OVERSEAS HIGHWAY, SUMMERLAND KEY,
10 MONROE COUNTY, FLORIDA, CURRENTLY HAVING PROPERTY
11 IDENTIFICATION NUMBER 00114850-000000, UNTIL DECEMBER
12 13, 2025, FOR BUILDING PERMIT ISSUANCE.
14
15 WHEREAS,the State of Florida and all local governments in the Florida Keys (each subject
16 to Area of Critical State Concern mandates relating to housing affordability) recognize the need for
17 affordable housing throughout the state and particularly in the Florida Keys where developable land
18 for housing is extremely limited and expensive; and
19
20 WHEREAS,the challenge of providing affordable housing opportunities in the Florida Keys
21 is one requiring sensible and responsive use of residential unit allocations, including implementation
22 of long-term preservation mechanisms; and
23
24 WHEREAS, due consideration should be given to relevant factors such as the capacity for
25 allocation recipients to promptly transform allocation awards/reservations into finished and occupied
26 affordable/workforce housing units; and
27
28 WHEREAS, in accordance with Monroe County Land Development Code ("LDC") § 138-
29 24(b)(3) the Monroe County Board of County Commissioners ("BOCC", "Board", "Monroe
30 County", or the "County") may authorize affordable housing ROGO allocation reservations
31 for "Specific affordable or employee housing projects sponsored by nongovernmental not-for-profit
32 organizations above upon written request tom the project sponsor and approved by resolution of
33 the BOCC," and
34
35 WHEREAS, the applicant desires to develop employer owned rental housing as defined in
36 LDC Section 101-1 and pursuant to LDC Section 139-1(b)(6)k., consisting of units of not more than
37 two (2)tenants per bedroom; with a maximum of three (3)bedrooms per unit; and
38
39 WHEREAS,the reservation of affordable housing allocations for the anticipated project, does
40 not exempt the project from applicable requirements for the Monroe County Codes, Monroe County
1 of 3
1529
I Comprehensive Plan, Building Code(s), floodplain management regulations, and/or other federal,
2 state, and local requirements; and
3
4 WHEREAS, the applicant Boy Scouts of America ("BSA") shall obtain all required
5 approvals from the Monroe County Planning and Environmental Resources Department
6 ("Department'')for this project; and
7
8 WHEREAS,the applicant BSA shall obtain permit for the affordable housing dwelling unit
9 by December 13, 2025; if the permits are not issued, the allocations shall automatically revert
10 back to the Monroe County BOCC by operation of law;
11
12 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
13 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
14
15 Section 1. The foregoing recitals are true and correct, and are hereby incorporated as if
16 fully set forth herein.
17
18 Section 2. Construction and Interpretation. The interpretation of this Resolution and
19 all floodplain management regulations, Florida Statutes, Florida Building Code(s), Monroe County
20 Comprehensive Plan, Monroe County Code(s), Florida Statutes, and Monroe County Code(s)
21 provisions whose interpretation arises out of, relates to, or is interpreted in connection with this
22 Resolution shall be liberally construed and enforced in favor of the Monroe County Board of County
Commissioners ("BOCC", "Board", "Monroe County", or the "County") and such interpretation
23 shall be entitled to great weight in adversarial administrative proceedings, at trial,bankruptcy, and on
24 appeal. To the extent of any conflict within one or more part(s), portion(s), or section(s) within this
25 Resolution and to the extent of any conflict within any part(s), portion(s), or section(s) of this
26 Resolution vis-a-vis any prior representation or agreement of any kind, approval, development order,
27 development permit, letter of understanding, or letter of development rights determination, the more
28 restrictive is deemed to be controlling.
29
30 Section 3. No Liability. Monroe County expressly reserves and in no way shall be
31 deemed to have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign,
32 governmental, and any other similar defense, immunity, exemption, or protection against any suit,
33 cause-of-action,demand, or liability.
34
35 Section 4. Non-Reliance by Third-Parties. No person or entity shall be entitled to rely
36 upon the terms, or any of them, of this Resolution to enforce or attempt to enforce any third-party
37 claim(s) or entitlement(s)to or benefit(s) of any term(s) contemplated hereunder.
38
39 Section 5. Severability.If any provision of this Resolution,or any part or portion thereof,
40 is held to be invalid or unenforceable by any administrative hearing officer or court of competent
41 jurisdiction, the invalidity or unenforceability of such provision, or any part or portion thereof, shall
42 neither limit nor impair the operation, enforceability, or validity of any other provision of this
43 Resolution, or any remaining part(s)or portion(s)thereof. All other provisions of this Resolution, and
44 remaining part(s) or portion(s)thereof, shall continue unimpaired in full force and effect.
45
2of3
1530
I Section 6. The Department shall reserve three (3) moderate income affordable housing
2 allocations, for the applicant BSA at the above-referenced Brinton Environmental Center located at
3 23800 Overseas Hwy, Summerland Key, currently having Property Identification No. 00114850-
4 000000, until December 13, 2024, for the development of employer owned rental housing as defined in
LDC Section 101-1 and pursuantto LDC Section 139-1(b)(6)(k.).
5
6 Section 7. The applicant must obtain the building permit for the affordable housing units
7 on or before December 13, 2025.
8
9 Section 8. The applicant shall comply with all local, state, and federal requirements,
10 including but not limited to all requirements of the Florida Building Code(s), Monroe County
11 Comprehensive Plan, Monroe County Code(s), and requirements of any and all oversight agencies.
12
13 Section 9. The professional staff of the Monroe County Planning and Environmental
14 Resources and Building Departments are hereby authorized to process expeditiously permit related
15 applications for the above referenced project when received.
16
17 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
18 Florida, at a duly noticed regularly scheduled public meeting held on the 15th day of January,2024.
19
20 Mayor James K. Scholl, District 3
21 Mayor Pro Tem Michelle Lincoln, District 2
22 Comm.Craig Cates, District 1
23 Comm.David Rice,District 4
24 Comm. Holly Merrill Raschein, District 5
25
26 BOARD OF COUNTY COMMISSIONERS OF MONROE
27 COUNTY, FLORIDA
28
29 By:
30 Mayor James Scholl
31 (SEAL)
32
33 ATTEST: KEVIN MADOK, CLERK
34
35
36
37 AS DEPUTY CLERK
MONn E COUNTY ATTORNEY
AU V Q �vTOfORM
3 of 3
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