HomeMy WebLinkAboutItem J5 J5
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
February 19, 2025
Agenda Item Number: J5
2023-3653
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 the Reservation
Extension Of Fifty-Six (56)Affordable Housing ROGO Allocations Consisting of Fifty-Five (55) Low-
Income and One (1) Moderate-Income Category Allocations for a Proposed Affordable-Employee
Housing Dwelling Unit Development on Sugarloaf Key on Property More Particularly Described As
Tract "A" And Tract "B", Revised Plat Of Amended Plat Of Sugarloaf Shores Section F, Currently
Bearing Parcel ID Numbers 00166976-011300 And 00166976-011400, Until December 31, 2025, For
Building Permit Issuance.
ITEM BACKGROUND:
Lower Keys Community Center Corporation (The Applicant), in partnership with Rural
Neighborhoods, Inc. and Landings at Sugarloaf, LLC, is requesting an extension of the reservation for
fifty-six (56) affordable housing ROGO allocations consisting of fifty-five (55) low-income and one (1)
moderate-income category allocations for a proposed affordable-employee housing dwelling unit
development on Sugarloaf Key until December 31, 2025.
The Applicant has been awarded Low Income Housing Tax Credit ("LIHTC") financial assistance from
the Florida Housing Finance Corporation ("FHFC") to offset the costs of its proposed fifty-six (56) unit
development (the "development" or the "project"), and has been pursuing the project, including hosting
three (3) community meetings to solicit feedback and ideas from property owners in the Lower Keys,
incorporating such ideas into development design, and working with the Florida Department of
Transportation ("FDOT")regarding the feasibility of various traffic and access options.
On December 16, 2020, the Monroe County Planning Commission approved the owner's request for a
major conditional use permit for development of the proposed housing units on the property, via
Planning Commission Resolution Nos. P35-20 and P36-20.
On February 5, 2021, a group of property owners on Sugarloaf Key individually and through the
3348
entities Sugarloaf Shores Property Owners Association Inc., South Point Homeowners LLC, and
"Lower Density for Lower Sugarloaf, LLC" (collectively "Neighborhood Opponents") filed an
administrative appeal of Planning Commission Resolution No. P35-20 to the Florida Division of
Administrative Hearings ("DOAH") and made an effort toward attempting to perfect an appeal to the
BOCC regarding Planning Commission Resolution No. P36-20.
On July 22nd, 2021, DOAH Administrative Law Judge ("ALJ") E. Gary Early issued a Final Order in
favor of Monroe County and the Applicant and against the Neighborhood Opponents, and affirmed the
Planning Commission's decision memorialized in Planning Commission Resolution No. P35-20.
On or about August 23, 2021, the Neighborhood Opponents then filed an appeal of the DOAH ALJ's
Final Order to the Circuit Court appellate division. Before a decision from the Circuit Court could be
reached, the Applicant and the Neighborhood Opponents on or about January 3, 2023, agreed to settle
their dispute through a Settlement Agreement recorded at Book 3208, Page 1980, Document No.
2403832, of the Official Records of Monroe County, in which those parties mutually agreed to, inter
alia, settle on up to fifty-six (56) units of affordable employee housing to be developed in a modified
form on the subject property. On or about January 11, 2023, the Circuit Court case was dismissed, and
also on January 11, 2023, those of or associated with the Neighborhood Opponents `withdrew' their
attempt to pursue an appeal of Planning Commission Resolution No. P36-20 to the BOCC.
The subject request is for an extension of the reservation of fifty-five (55) low-income category and one
(1) moderate-income category affordable(-employee) housing ROGO allocations. If approved, building
permit(s) must be obtained by December 31, 2025, or the reservation will expire.
Relevant Land Development Code Section:
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
3349
by resolution of the BOCC.
PREVIOUS RELEVANT BOCC ACTION:
November 20, 2018, BOCC adopted Resolution No. 410-2018, reserving sixty (60) affordable ROGO
allocations, consisting of 27 low-income and 33 moderate-income category allocations, and Resolution
No. 411-2018, reserving twenty-eight(28) low-income category affordable ROGO allocations, until
November 20, 2019.
January 22, 2020, BOCC adopted Resolution No. 027-2020, reserving twenty-seven (27) low-income
category and thirty-three (33) moderate-income category affordable ROGO allocations and Resolution
No. 028-2020, reserving twenty-eight(28) low-income category affordable ROGO allocations until
November 20, 2020.
January 20, 2021, BOCC adopted Resolution No. 030-2021, reserving twenty-seven (27) low-income
category and thirty-three (33) moderate-income category affordable ROGO allocations and Resolution
No. 029-2021, reserving twenty-eight(28) low-income category affordable ROGO allocations until
November 20, 2021.
November 17, 2021, BOCC adopted Resolution No. 439-2021, reserving twenty-seven(27) low-income
category and thirty-three (33) moderate-income category affordable ROGO allocations and Resolution
No. 438-2021, reserving twenty-eight(28) low income category affordable ROGO allocations until
May 17, 2023.
May 17, 2023, BOCC adopted Resolution No. 185-2023, reserving twelve(12) low-income category
and sixteen (16) moderate-income category affordable ROGO allocations and Resolution No. 184-
2023, reserving twenty-eight (28) low income category affordable ROGO allocations until May 17,
2024.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
BOCC Reso 185-2023 00166976-011300 Tr A
BOCC Reso 184-2023 00166976-011400 Tr B
Extension Request Letter
BOC C_2025_F'eb._Extension.pdf
FINANCIAL IMPACT:
N/A
3350
, ' f✓YtrF
2 RESOLUTION NO. 185 -2023
3
4 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
5 COMMISSIONERS APPROVING THE RESERVATION EXTENSION
6 OF TWENTY-EIGHT (28) AFFORDABLE HOUSING ROGO
7 ALLOCATIONS CONSISTING OF TWELVE(12)LOW-INCOME AND
8 SIXTEEN (16) MODERATE-INCOME CATEGORY ALLOCATIONS
9 FOR A PROPOSED AFFORDABLE-EMPLOYEE HOUSING
10 DWELLING UNIT DEVELOPMENT ON SUGARLOAF KEY ON
11 PROPERTY LEGALLY DESCRIBED AS TRACT"A",REVISED PLAT
12 OF AMENDED PLAT OF SUGARLOAF SHORES SECTION F,
13 CURRENTLY BEARING PROPERTY IDENTIFICATION NUMBER
14 00166976-011300, UNTIL MAY 17, 2024, FOR BUILDING PERMIT
15 ISSUANCE.
16
17 WHEREAS,the State of Florida and all local governments in the Florida Keys recognize the
18 need for affordable housing throughout the state and particularly in the Florida Keys where
19 developable land for housing is extremely limited and expensive; and
20
21 WHEREAS,the challenge of providing affordable housing opportunities in the Florida Keys
22 is one requiring sensible and responsive use of residential unit allocations, including implementation
23 of long-term preservation mechanisms; and
24
25 WHEREAS, due consideration should be given to relevant factors such as the capacity for
26 allocation recipients to promptly transform allocation awards/reservations into finished and occupied
27 affordable-workforce housing units; and
28
29 WHEREAS, the developers have legitimate needs for some assurance that allocations are in
30 fact and will remain available and/or justified for a reasonable time so that follow-through on initial
31 commitments will in fact be justified; and
32
33 WHEREAS, Section 138-24(b)(2) of the Monroe County Land Development Code
34 ("LDC") allows the Monroe County Board of County Commissioners ("Board", "BOCC",
35 "Monroe County", or the "County") to authorize reservations for "specific affordable or
36 employee housing projects participating in a federal/state housing financial assistance or tax credit
37 program or receiving some form of direct financial assistance from the county upon written request
38 from the project sponsor and approved by resolution of the Board of County Commissioners"; and
39
3351
I WHEREAS, at a regularly scheduled public meeting held on November 20, 2018,the BOCC
2 adopted Resolution No. 410-2018, reserving sixty (60) affordable ROGO allocationsi under LDC
3 Section 138-24(b)(2), consisting of 27 low-income and 33 moderate-income category allocations
4 for the proposed affordable-employee dwelling unit development,to expire if building permits were
5 not obtained by November 20, 2019; and
6
7 WHEREAS, at a regularly scheduled public meeting held on January 22, 2020, the BOCC
8 adopted Resolution No. 027-2020, reserving twenty-seven (27) low-income category and thirty-
9 three (33) moderate-income category affordable ROGO allocations under LDC Section 138-
10 24(b)(2) , for the proposed affordable-employee housing dwelling unit development, to expire if
11 building permits were not obtained by November 20, 2020; and
12
13 WHEREAS, at a regularly scheduled public meeting held on January 20, 2021, the BOCC
14 adopted Resolution No. 030-2021, reserving twenty-seven (27) low-income category and thirty-
15 three (33) moderate-income category affordable ROGO allocations under Section 138-24(b)(2) of
16 the Monroe County LDC, for the proposed affordable-employee dwelling unit development, to
17 expire if building permits were not obtained by November 20, 2021; and
18
19 WHEREAS, at a regularly scheduled public meeting held on November 17, 2021,the BOCC
20 adopted Resolution No. 439-2021, reserving twenty-seven (27) low-income category and thirty-
21 three (33) moderate-income category affordable ROGO allocations under Section 138-24(b)(2) of
22 the Monroe County LDC, for the proposed affordable-employee dwelling unit development, to
23 expire if building permits were not obtained by May 17, 2023; and
24
25 WHEREAS, Lower Keys Community Center Corporation (the "Applicant" or "LKCCC")
26 has been awarded Low Income Housing Tax Credit("LIHTC") financial assistance from the Florida
27 Housing Finance Corporation ("FHFC")to offset the costs of its proposed 60-unit development(the
28 "development" or the "project"); and
29
30 WHEREAS, as part of the LIHTC application, the FHFC required the Applicant to
31 have obtained the necessary ROGO allocations ("ROGOs") and for Monroe County to execute a
32 verification that verifies that the applicant has obtained the necessary ROGOs; and
33
34 WHEREAS,Monroe County LDC Section 138-24(b)allows reservation of affordable ROGO
35 allocations by the Board for specific housing programs, which includes FHFC, LIHTC, and SAIL;
36 and
37
38 WHEREAS, on or about December 16, 2020, the Monroe County Planning Commission
39 approved the owner's request for a major conditional use permit for development of the proposed
40 housing units on the property, via Resolution Nos. P35-20 and P36-20; and
41
42 WHEREAS, on February 5, 2021, a group of property owners on Sugarloaf Key individually
43 and through the entities Sugarloaf Shores Property Owners Association Inc., South Point
44 Homeowners LLC, and "Lower Density for Lower Sugarloaf, LLU) (collectively "Neighborhood
45 Opponents") filed an administrative appeal of Planning Commission Resolution No. P35-20 to the
i I.e., affordable-employee.
2 of 4
3352
I Florida Division of Administrative Hearings ("DOAH")P35-20, and attempted to perfect an appeal
2 of Planning Commission Resolution No. P36-20 to the BOCC; and
3
4 WHEREAS, on July 22, 2021, DOAH Administrative Law Judge ("ALJ") E. Gary Early
5 issued a Final Order in DOAH Case No. 21-0494 in favor of Monroe County and the Applicant and
6 against the Neighborhood Opponents and denied the appeal by the Neighborhood Opponents and
7 affirmed the Planning Commission's decision to issue major conditional use permit approval
8 memorialized pursuant to Planning Commission Resolution No. P35-20; and
9
10 WHEREAS, on or about August 23, 2021,the Neighborhood Opponents then filed an appeal
11 of the DOAH ALJ's Final Order to the Circuit Court appellate division. Before a decision from the
12 Circuit Court could be reached,the Applicant and the Neighborhood Opponents on or about January
13 3, 2023, agreed to settle their dispute through a Settlement Agreement recorded at Book 3208,Page
14 1980, Document No. 2403832, of the Official Records of Monroe County, in which those parties
15 mutually agreed to, inter alia, settle on up to twenty-eight(28)units of affordable employee housing
16 to be developed in a modified form on the subject property; and
17
18 WHEREAS, on or about January 11, 2023,the Circuit Court case was dismissed, and also on
19 January 11, 2023,those of or associated with the Neighborhood Opponents `withdrew' their attempt
20 to pursue an appeal of Planning Commission Resolution No. P36-20 to the BOCC; and
21
22 WHEREAS, LKCCC has been pursuing the project but is requesting a eighteen (18)-month
23 extension of the reservation; and
24
25 WHEREAS,thereservation of affordable housing allocations forthe anticipated project,does
26 not exempt the project from applicable requirements for the Monroe County land development
27 regulations, Building Code, and other regulatory requirements; and
28
29 WHEREAS, LKCCC shall obtain all required approvals from the Monroe County Planning
30 and Environmental Resources Department for the project; and
31
32 WHEREAS, LKCCC shall obtain permits for the affordable-employee housing dwelling
33 units by May 17, 2024; if the permit(s) are not issued, the allocations shall automatically revert by
34 operation of law to Monroe County;
35
36 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
37 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
38
39 Section 1. The foregoing recitals, findings of fact, conclusions of law, and statements of
40 purpose and legislative intent are true and correct, and are hereby incorporated as if fully set forth
41 herein.
42
43 Section 2. The Monroe County Planning and Environmental Resources Department
44 ("Department") shall reserve twenty-eight(28) affordable housing ROGO allocations, consisting of
45 twelve (12) low-income and sixteen (16) moderate-income category allocations, for the Monroe
3 of 4
3353
I County project on Tract"ARevised Plat of Amended Plat of Sugarloaf Shores Section F, Sugarloaf
2 Key, for the above-referenced afford able-employee housing development until May 17, 2024.
3
Section 3. nter wetation.The interpretation of this Resolution, and all provisions of the
5 Monroe County Codes, Comprehensive Plan, floodplain management regulations, and Florida
6 Building Code whose interpretation arises out of, relates to, or is interpreted in connection with this
7 Resolution, shall be construed in favor of the Monroe County BOCC, and such interpretations shall
8 be entitled to great weight in adversarial administrative proceedings, at trial, and on appeal.
9
10 Section 4. Severabii i v i i ,and SurvivalProvisions. If any provision
11 of this Resolution, or any section, subsection, or part or portion thereof, is held to be invalid or
12 unenforceable by any administrative hearing officer or court of competent jurisdiction, the invalidity
13 or unenforceability of such provision, or part or portion thereof, shall neither limit nor impair the
14 operation, enforceability, or validity of any other provisions of this Resolution, or any remaining
15 section(s),subsection(s),part(s),or portion(s)thereof All other provisions,parts,and portions thereof
16 shall continue unimpaired in full force and effect.
17
18 Section 5. Non-Reliancey Third-parties. No person or entity shall be entitled to rely
19 upon the terms, or any of them, of this Resolution to enforce or attempt to enforce any third-party
20 claim(s) or entitlement(s) to or benefit(s) of any service(s), to (s), or program(s) contemplated
21 hereunder; and
22
23 Section 6. The developer must obtain the building permits for the affordable/employee
24 housing units on or before May 17, 2024.
25
26 Section 7. The developer shall comply with all Monroe County requirements, all
27 applicable Building Code requirements, and any other oversight agencies.
28
29 Section 8. The professional staff of the Department and of the Monroe County Building
30 Department are hereby authorized to process expeditiously permit related applications for the above
31 referenced project when received.
32
33 at a regular meeting of the Board of County Commissioners of
3 0 ®' Con ;.Florida, held on the 17''day of May, 2023.
35 U-1
Mayor Craig Cates, District I Yes
Mayor Pro Tern Holly Merrill Raschein, District 5 Yes
Commissioner Michelle Lincoln, District 2 Yes
(21
Commissioner James K. Scholl, District 3 Yes
Commissioner David Rice, District 4 Yes
'®~ A OK, CLERK BOARD OF COI TY COMMISSIONERS
9Po`o , OF MONRO " JNTY, FL IDA
.._.._.__._... __......_._.w__._w...-....._. -----._.® By: MONROE CO ATTORNEY
As Deputy Clerk Ma C APP 7= TO FOR
of 4
PETER MORRIS
ASSISTANT COUNTY ATTORNEY
Date:
3354
, ' f✓YtrF
2 RESOLUTION NO. 184 -2023
3
4 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
5 COMMISSIONERS APPROVING THE RESERVATION EXTENSION
6 OF TWENTY-EIGHT (28) AFFORDABLE' LOW-INCOME
7 CATEGORY ROGO ALLOCATIONS FOR AN AFFORDABLE-
8 EMPLOYEE HOUSING DWELLING UNIT DEVELOPMENT ON
9 SUGARLOAF KEY, MONROE COUNTY, ON PROPERTY
10 DESCRIBED AS TRACT `B", REVISED PLAT OF AMENDED PLAT
11 OF SUGARLOAF SHORES SECTION F, CURRENTLY HAVING
12 PROPERTY IDENTIFICATION NUMBER 00166976-011400, UNTIL
13 MAY 17, 2024, FOR BUILDING PERMIT ISSUANCE.
14
15 WHEREAS,the State of Florida and all local governments in the Florida Keys recognize the
16 need for affordable housing throughout the state and particularly in the Florida Keys where
17 developable land for housing is extremely limited and expensive; and
18
19 WHEREAS,the challenge of providing affordable housing opportunities in the Florida Keys
20 is one requiring sensible and responsive use of residential unit allocations, including implementation
21 of long-term preservation mechanisms; and
22
23 WHEREAS, due consideration should be given to relevant factors such as the capacity for
24 allocation recipients to promptly transform allocation awards/reservations into finished and occupied
25 affordable-workforce housing units; and
26
27 WHEREAS, the developers have legitimate needs for some assurance that allocations are in
28 fact and will remain available and/or justified for a reasonable time so that follow-through on initial
29 commitments will in fact be justified; and
30
31 WHEREAS, Section 138-24(b)(2) of the Monroe County Land Development Code
32 ("LDC") allows the Monroe County Board of County Commissioners ("Board", "BOCC",
33 "Monroe County", or the "County") to authorize reservations for "specific affordable or
34 employee housing projects participating in a federal/state housing financial assistance or tax credit
35 program or receiving some form of direct financial assistance from the county upon written request
36 from the project sponsor and approved by resolution of the Board of County Commissioners"; and
37
38 WHEREAS, at a regularly scheduled public meeting held on November 20, 2018,the BOCC
39 adopted Resolution No. 411-2018, reserving twenty-eight (28) low-income category affordable
40 ROGO allocations under Section 138-24(b)(2) of the Monroe County LDC, for the proposed
i I.e., affordable-employee housing.
1 of 4
3355
I affordable-employee housing dwelling unit development, to expire if building permits were not
2 obtained by November 20, 2019; and
3
4 WHEREAS, at a regularly scheduled public meeting held on January 22, 2020, the BOCC
5 adopted Resolution No. 028-2020, reserving twenty-eight (28) low-income category affordable
6 ROGO allocations under Section 138-24(b)(2) of the Monroe County LDC, for the proposed
7 affordable-employee housing dwelling unit development, to expire if building permits were not
8 obtained by November 20, 2020; and
9
10 WHEREAS, at a regularly scheduled public meeting held on January 20, 2021, the BOCC
11 adopted Resolution No. 029-2021, reserving twenty-eight (28) low-income category affordable
12 ROGO allocations under Section 138-24(b)(2) of the Monroe County Land Development Code,
13 for the proposed affordable-employee housing dwelling unit development, to expire if building
14 permits were not obtained by November 20, 2021; and
15
16 WHEREAS, at a regularly scheduled public meeting held on November 17, 2021,the BOCC
17 adopted Resolution No. 438-2021, reserving twenty-eight (28) low income category affordable
18 ROGO allocations under Section 138-24(b)(2) of the Monroe County Land Development Code,
19 for the proposed affordable-employee housing dwelling unit development, to expire if building
20 permits were not obtained by May 17, 2023; and
21
22 WHEREAS, Lower Keys Community Center Corp. has been awarded Low Income Housing
23 Tax Credit("LIHTC") financial assistance from the Florida Housing Finance Corporation ("FHFC")
24 to offset the costs of its proposed 28-unit development(the"development" or the "project"); and
25
26 WHEREAS, as part of the LIHTC application, FHFC required the applicant to have
27 obtained the necessary ROGO allocations ("ROGOs") and for Monroe County to execute a
28 verification that verifies that the applicant has obtained the necessary ROGOs; and
29
30 WHEREAS, Monroe County Code LDC Sec. 138-24(b) allows reservation of affordable
31 ROGO allocations by the Board for specific housing programs,which includes FHFC, LIHTC, and
32 SAIL; and
33
34 WHEREAS, on or about December 16, 2020, the Monroe County Planning Commission
35 approved the owner's request for a major conditional use permit for development of the proposed
36 housing units on the property, via Resolution Nos. P35-20 and P36-20; and
37
38 WHEREAS, on February 5, 2021, a group of property owners on Sugarloaf Key individually
39 and through the entities Sugarloaf Shores Property Owners Association Inc., South Point
40 Homeowners LLC, and "Lower Density for Lower Sugarloaf, LLC") (collectively "Neighborhood
41 Opponents") filed an administrative appeal of Planning Commission Resolution No. P35-20 to the
42 Florida Division of Administrative Hearings ("DOAH")P35-20, and attempted to perfect an appeal
43 of Planning Commission Resolution No. P36-20 to the BOCC; and
44
45 WHEREAS, on July 22, 2021, DOAH Administrative Law Judge ("ALJ") E. Gary Early
46 issued a Final Order in DOAH Case No. 21-0494 in favor of Monroe County and the Applicant and
47 against the Neighborhood Opponents and denied the appeal by the Neighborhood Opponents and
2of4
3356
I affirmed the Planning Commission's decision to issue major conditional use permit approval
2 memorialized pursuant to Planning Commission Resolution No. P35-20; and
3
4 WHEREAS, on or about August 23, 2021,the Neighborhood Opponents then filed an appeal
5 of the DOAH ALJ's Final Order to the Circuit Court appellate division. Before a decision from the
6 Circuit Court could be reached,the Applicant and the Neighborhood Opponents on or about January
7 3, 2023, agreed to settle their dispute through a Settlement Agreement recorded at Book 3208,Page
8 1980, Document No. 2403832, of the Official Records of Monroe County, in which those parties
9 mutually agreed to, inter alia, settle on up to twenty-eight(28)units of affordable employee housing
10 to be developed in a modified form on the subject property; and
11
12 WHEREAS, on or about January 11, 2023,the Circuit Court case was dismissed, and also on
13 January 11, 2023,those of or associated with the Neighborhood Opponents `withdrew' their attempt
14 to pursue an appeal of Planning Commission Resolution No. P36-20 to the BOCC; and
15
16 WHEREAS, LKCCC is requesting a one (1) year extension of the reservation in order to
17 proceed with development consistent with the settlement it reached with its Neighborhood
18 Opponents; and
19
20 WHEREAS,thereservation of affordable housing allocations forthe anticipated project,does
21 not exempt the project from applicable requirements for the Monroe County Land Development
22 Regulations, Building Code and other regulatory requirements; and
23
24 WHEREAS, LKCCC shall obtain all required approvals from the Monroe County Planning
25 and Environmental Resources Department("Department") for the project; and
26
27 WHEREAS, LKCCC shall obtain building permits for the affordable-employee housing
28 dwelling units by May 17, 2024; if the permit(s) are not issued, the allocations shall automatically
29 revert by operation of law to Monroe County;
30
31 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
32 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
33
34 Section 1. The foregoing recitals, findings of fact, conclusions of law, and statements of
35 purpose and legislative intent are true and correct, and are hereby incorporated as if fully set forth
36 herein.
37
38 Section 2. The Monroe County Planning Department shall reserve twenty-eight (28)
39 affordable ROGO allocations, consisting of twenty-eight (28) low income category allocations, for
40 the Monroe County project on Tract"B", Revised Plat of Amended Plat of Sugarloaf Shores Section
41 F, Sugarloaf Key until May 17, 2024.
42
43 Section 3. Interpretation. The interpretation of this Resolution, and all provisions of the
44 Monroe County Codes, Comprehensive Plan, floodplain management regulations, and Florida
45 Building Code whose interpretation arises out of, relates to, or is interpreted in connection with this
3 of 4
3357
I Resolution, shall be construed in favor of the Monroe County BOCC, and such interpretations shall
2 be entitled to great weight in adversarial administrative proceedings, at trial, and on appeal.
3
Section 4. Severabilitv,Partialva i and Survival of Provisions. If any provision
5 of this Resolution, or any section, subsection, or part or portion thereof, is held to be invalid or
6 unenforceable by any administrative hearing officer or court of competent jurisdiction, the invalidity
7 or unenforceability of such provision, or part or portion thereof, shall neither limit nor impair the
8 operation, enforceability, or validity of any other provisions of this Resolution, or any remaining
9 sectio (s),ssectio (s),part(s),or portion(s)thereof. All other provisions,parts,and portions thereof
10 shall continue unimpaired in full force and effect.
11
12 Section 5. Non-Reliance by Third-Parties. No person or entity shall be entitled to rely
13 upon the tenns, or any of them, of this Resolution to enforce or attempt to enforce any third-party
14 claim(s) or entitlement(s) to or benefit(s) of any service(s), to (s), or program(s) contemplated
15 hereunder; and
16
17 Section 6. The developer must obtain the building pen-nits for the affordable/employee
housing units on or before May 17, 2024.
20 Section 7. The developer shall comply with all Monroe County requirements, all
21 applicable Building Code requirements, and any other oversight agencies.
22
23 Section 8. The professional staff of the Department and of the Monroe County Building
24 Department are hereby authorized to process expeditiously pen-nit related applications for the above
25 referenced project when received.
26
27 PASSED AND ADOPTED at a regular meeting of the Board of County Commissioners of
28 Monroe County, Florida, held on the 17`h day of May, 2023.
29
Mayor Craig Cates, District 1 Yes
Mayor Pro Tern Holly Merrill Raschein, District 5 Yes
Commissioner Michelle Lincoln, District 2 Yes
Commissioner James K. Scholl, District 3 Yes
Commissioner David Rice, District 4 Yes
BOARD OF ("OU COMMISSIONERS
-� 23 F ONROE � " ()9'�FI
Y, FL C) A
By:
ayor'Craig ....,aces r�.
ONAOE CO ATT017N _x: 7
N ` APP - TO FORM
KFVIN ADOK., CI..,ERK
---1- -- — .C_� 1
PETER MORRIS
:. ASSISTANT COUNTY ATTORNEY
AS DEPUTY CLERKY, ®,
:y N
of 4
-�
3358
LANDINGS AT SUGARLOAF KEY,LLC
19308 SW 38011,Street, Post Office Box 343529, Florida City, FL 33034
305-242-2188
Ms. Emily Schemper,AICP, CFM
Senior Director of Planning and Environmental Services
Monroe County, FL
2798 Overseas Highway, Suite 400
Marathon, FL 33050
Re: ROGO Extension for The Landings at Sugarloaf Key, LLC
Dear Ms. Schemper:
The Landings at Sugarloaf Key, LLC("Borrower"), Lower Keys Community Center Corporation ("Property
Owner"), and Rural Neighborhoods, Incorporated ("Developer") request authorization and extension
and/or reauthorization of fifty-six(56) ROGO allocations previously adopted under Resolutions 184-2023
and 185-2023 (and earlier resolutions. In the expiring allocations,the proposed mix was as follows:
Resolution 2023-185 12 Low Income + 16 Moderate Income =28
Resolution 2023-184 28 Low Income = 28
The current unit set-aide mix enables the project to accept one(1) moderate income ROGO rather than
the sixteen (16) previously awarded if this provides local government additional flexibility. This would
equate to a combined total of 55 Low Income and 1 Moderate Income.
Number of Percentage of Units AM Level, at or Type of Units
Residential Units below
0 0.000% 20%
6 10.714% 30%
0 0.000% 40% Housing Credit Units
14 25.000% 50%
8 14.286% 60%
24 42.857% 70% Joint Housing Credit
3 7.143% 80% Units/Workforce Housing Units
Above 80%AMI
1 0.000% and up to 120% Workforce Housing Units
AMI
56 Total Unit
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Credit underwriting may result in some change tothe precise numbers and AM|s above. However, not
less than 55 will be at 80%AMI or below and not more than 1 above 80%AMI and up to 120%AMI.
The parties have secured competitive construction costs, debt and housing credit offers for the project
are undergoing credit underwriting. Permit and impact fee waiver requests have been filed local
ordinances with Monroe County. It is our expectation to submit permits to Munroe County as soon as
those waivers are approved, or permission is granted by the Building Departmentto upload plans.
Thank you for your support in this matter.
Sincerely,
President ofThe Landings at Sugarloaf Key, LL[
resident of Rural Neighborhoods, Incorporated
F
11
1 rw w„yd ri
2 RESOLUTION NO. -2025
3
4 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
5 COMMISSIONERS APPROVING THE RESERVATION EXTENSION
6 OF FIFTY-SIX(56)AFFORDABLE HOUSING ROGO ALLOCATIONS
7 CONSISTING OF FIFTY-FIVE (55) LOW-INCOME AND ONE (1)
8 MODERATE-INCOME CATEGORY ALLOCATIONS FOR A
9 PROPOSED AFFORDABLE-EMPLOYEE HOUSING DWELLING
10 UNIT DEVELOPMENT ON SUGARLOAF KEY ON PROPERTY
11 LEGALLY DESCRIBED AS TRACT "A" AND TRACT `B", REVISED
12 PLAT OF AMENDED PLAT OF SUGARLOAF SHORES SECTION F,
13 CURRENTLY BEARING PROPERTY IDENTIFICATION NUMBERS
14 00166976-011300 AND 00166976-011400, UNTIL DECEMBER 31,
15 2025, FOR BUILDING PERMIT ISSUANCE.
16
17 WHEREAS,the State of Florida and all local governments in the Florida Keys recognize the
18 need for affordable housing throughout the state and particularly in the Florida Keys where
19 developable land for housing is extremely limited and expensive; and
20
21 WHEREAS,the challenge of providing affordable housing opportunities in the Florida Keys
22 is one requiring sensible and responsive use of residential unit allocations, including implementation
23 of long-term preservation mechanisms; and
24
25 WHEREAS, due consideration should be given to relevant factors such as the capacity for
26 allocation recipients to promptly transform allocation awards/reservations into finished and occupied
27 affordable-workforce housing units; and
28
29 WHEREAS, the developers have legitimate needs for some assurance that allocations are in
30 fact and will remain available and/or justified for a reasonable time so that follow-through on initial
31 commitments will in fact be justified; and
32
33 WHEREAS, Section 138-24(b)(2) of the Monroe County Land Development Code
34 ("LDC") allows the Monroe County Board of County Commissioners ("Board", "BOCC",
35 "Monroe County", or the "County") to authorize reservations for "specific affordable or
36 employee housing projects participating in a federal/state housing financial assistance or tax credit
37 program or receiving some form of direct financial assistance from the county upon written request
38 from the project sponsor and approved by resolution of the Board of County Commissioners"; and
39
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I WHEREAS, at a regularly scheduled public meeting held on November 20, 2018,the BOCC
2 adopted Resolution No. 410-2018,reserving sixty (60) affordable ROGO allocationsi, consisting of
3 27 low-income and 33 moderate-income category allocations, and Resolution No. 411-2018,
4 reserving twenty-eight(28)low-income category affordable ROGO allocations,under LDC Section
5 138-24(b)(2)for the proposed affordable-employee dwelling unit development,to expire if building
6 permits were not obtained by November 20, 2019; and
7
8 WHEREAS, at a regularly scheduled public meeting held on January 22, 2020, the BOCC
9 adopted Resolution No. 027-2020, reserving twenty-seven (27) low-income category and thirty-
10 three (33) moderate-income category affordable ROGO allocations and Resolution No. 028-2020,
11 reserving twenty-eight(28) low-income category affordable ROGO allocations under LDC Section
12 138-24(b)(2) , for the proposed affordable-employee housing dwelling unit development, to expire
13 if building permits were not obtained by November 20, 2020; and
14
15 WHEREAS, at a regularly scheduled public meeting held on January 20, 2021, the BOCC
16 adopted Resolution No. 030-2021, reserving twenty-seven (27) low-income category and thirty-
17 three (33) moderate-income category affordable ROGO allocations and Resolution No. 029-2021,
18 reserving twenty-eight(28) low-income category affordable ROGO allocations under Section 138-
19 24(b)(2) of the Monroe County LDC, for the proposed affordable-employee dwelling unit
20 development, to expire if building permits were not obtained by November 20, 2021; and
21
22 WHEREAS, at a regularly scheduled public meeting held on November 17, 2021,the BOCC
23 adopted Resolution No. 439-2021, reserving twenty-seven (27) low-income category and thirry-
24 three (33) moderate-income category affordable ROGO allocations and Resolution No. 438-2021,
25 reserving twenty-eight(28) low income category affordable ROGO allocations under Section 138-
26 24(b)(2) of the Monroe County LDC, for the proposed affordable-employee dwelling unit
27 development, to expire if building permits were not obtained by May 17, 2023; and
28
29 WHEREAS, at a regularly scheduled public meeting held on May 17, 2023, the BOCC
30 adopted Resolution No. 185-2023, reserving twelve (12) low-income category and sixteen (16)
31 moderate-income category affordable ROGO allocations and Resolution No. 184-2023, reserving
32 twenty-eight(28) low income category affordable ROGO allocations under Section 138-24(b)(2)of
33 the Monroe County LDC, for the proposed affordable-employee dwelling unit development, to
34 expire if building permits were not obtained by May 17, 2024; and
35
36 WHEREAS, Lower Keys Community Center Corporation (the "Applicant" or "LKCCC")
37 has been awarded Low Income Housing Tax Credit("LIHTC") financial assistance from the Florida
38 Housing Finance Corporation ("FHFC")to offset the costs of its proposed 56-unit development(the
39 "development" or the"project"); and
40
41 WHEREAS, as part of the LIHTC application, t he FHFC required the Applicant to
42 have obtained the necessary ROGO allocations ("ROGOs") and for Monroe County to execute a
43 verification that verifies that the applicant has obtained the necessary ROGOs; and
44
i I.e., affordable-employee.
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I WHEREAS,Monroe County LDC Section 138-24(b)allows reservation of affordable ROGO
2 allocations by the Board for specific housing programs, which includes FHFC, LIHTC, and SAIL;
3 and
4
5 WHEREAS, on or about December 16, 2020, the Monroe County Planning Commission
6 approved the owner's request for a major conditional use permit for development of the proposed
7 housing units on the property, via Resolution Nos. P35-20 and P36-20; and
8
9 WHEREAS, on February 5, 2021, a group of property owners on Sugarloaf Key individually
10 and through the entities Sugarloaf Shores Property Owners Association Inc., South Point
11 Homeowners LLC, and "Lower Density for Lower Sugarloaf, LLC") (collectively "Neighborhood
12 Opponents") filed an administrative appeal of Planning Commission Resolution No. P35-20 to the
13 Florida Division of Administrative Hearings ("DOAH"), and attempted to perfect an appeal of
14 Planning Commission Resolution No. P36-20 to the BOCC; and
15
16 WHEREAS, on July 22, 2021, DOAH Administrative Law Judge ("ALJ") E. Gary Early
17 issued a Final Order in DOAH Case No. 21-0494 in favor of Monroe County and the Applicant and
18 against the Neighborhood Opponents and denied the appeal by the Neighborhood Opponents and
19 affirmed the Planning Commission's decision to issue major conditional use permit approval
20 memorialized pursuant to Planning Commission Resolution No. P35-20; and
21
22 WHEREAS, on or about August 23, 2021,the Neighborhood Opponents then filed an appeal
23 of the DOAH ALJ's Final Order to the Circuit Court appellate division. Before a decision from the
24 Circuit Court could be reached,the Applicant and the Neighborhood Opponents on or about January
25 3, 2023, agreed to settle their dispute through a Settlement Agreement recorded at Book 3208,Page
26 1980, Document No. 2403832, of the Official Records of Monroe County, in which those parties
27 mutually agreed to, inter alia, settle on up to twenty-eight(28)units of affordable employee housing
28 to be developed in a modified form on the subject property; and
29
30 WHEREAS, on or about January 11, 2023,the Circuit Court case was dismissed, and also on
31 January 11, 2023,those of or associated with the Neighborhood Opponents `withdrew' their attempt
32 to pursue an appeal of Planning Commission Resolution No. P36-20 to the BOCC; and
33
34 WHEREAS, LKCCC has been pursuing the project in partnership with The Landings at
35 Sugarloaf LLC, and Rural Neighborhoods, Inc., but is requesting an extension of the reservation;
36 and
37 WHEREAS,LKCCC and its partners are now requesting that fifty-five(55) of the affordable
38 housing allocations be in the low-income category and one(1)allocation be in the moderate-income
39 category; and
40
41 WHEREAS,the reservation of affordable housing allocations for the anticipated project, does
42 not exempt the project from applicable requirements for the Monroe County land development
43 regulations, Building Code, and other regulatory requirements; and
44
45 WHEREAS, LKCCC shall obtain all required approvals from the Monroe County Planning
46 and Environmental Resources Department for the project; and
47
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I WHEREAS, LKCCC shall obtain permits for the affordable-employee housing dwelling
2 units by December 31, 2025; if the permit(s) are not issued, the allocations shall automatically revert
3 by operation of law to Monroe County;
4
5 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
6 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
7
8 Section 1. The foregoing recitals, findings of fact, conclusions of law, and statements of
9 purpose and legislative intent are true and correct, and are hereby incorporated as if fully set forth
10 herein.
11
12 Section 2. The Monroe County Planning and Environmental Resources Department
13 ("Department")shall reserve fifty-six(56)affordable housing ROGO allocations,consisting of fifthy-
14 five (55) low-income and one (1) moderate-income category allocations, for the Monroe County
15 project on Tract "A" and Tract "B", Revised Plat of Amended Plat of Sugarloaf Shores Section F,
16 Sugarloaf Key, for the above-referenced affordable-employee housing development until December
17 31, 2025.
18
19 Section 3. Interpretation. The interpretation of this Resolution, and all provisions of the
20 Monroe County Codes, Comprehensive Plan, floodplain management regulations, and Florida
21 Building Code whose interpretation arises out of, relates to, or is interpreted in connection with this
22 Resolution, shall be construed in favor of the Monroe County BOCC, and such interpretations shall
23 be entitled to great weight in adversarial administrative proceedings, at trial, and on appeal.
24
25 Section 4. Severability,Partial Invalidity,and Survival of Provisions.If any provision
26 of this Resolution, or any section, subsection, or part or portion thereof, is held to be invalid or
27 unenforceable by any administrative hearing officer or court of competent jurisdiction, the invalidity
28 or unenforceability of such provision, or part or portion thereof, shall neither limit nor impair the
29 operation, enforceability, or validity of any other provisions of this Resolution, or any remaining
30 section(s),subsection(s),part(s),or portion(s)thereof.All other provisions,parts,and portions thereof
31 shall continue unimpaired in full force and effect.
32
33 Section 5. Non-Reliance by Third-Parties. No person or entity shall be entitled to rely
34 upon the terms, or any of them, of this Resolution to enforce or attempt to enforce any third-party
35 claim(s) or entitlement(s) to or benefit(s) of any service(s), term(s), or program(s) contemplated
36 hereunder; and
37
38 Section 6. The developer must obtain the building permits for the affordable/employee
39 housing units on or before December 31, 2025.
40
41 Section 7. The developer shall comply with all Monroe County requirements, all
42 applicable Building Code requirements, and any other oversight agencies.
43
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I Section 8. The professional staff of the Department and of the Monroe County Building
2 Department are hereby authorized to process expeditiously permit related applications for the above
3 referenced project when received.
4
5 PASSED AND ADOPTED at a regular meeting of the Board of County Commissioners of
6 Monroe County, Florida, held on the 19'day of February, 2025.
7
8 Mayor James K. Scholl
9 Mayor Pro Tem Michelle Lincoln
10 Commissioner Craig Cates
11 Commissioner David Rice
12 Commissioner Holly Merrill Raschein
13
14 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
15 FLORIDA
16 By:
17 Mayor James K. Scholl
18 (SEAL)
19 MONAOE COUNTY ATTORNEY
20 ATTEST: KEVIN MADOK, CLERK ITS ru IOR
11
21 i)ale:
22
23
24 AS DEPUTY CLERK
25
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