Resolution 114-2025 F
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2 RESOLUTION NO. 114 -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
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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
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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
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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
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
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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
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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
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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
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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
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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:
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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.
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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.
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41 Section 7. The developer shall comply with all Monroe County requirements, all
42 applicable Building Code requirements, and any other oversight agencies.
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• 1 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 19th day of February,2025.
7
8 Mayor James K. Scholl Yes
9 Mayor Pro Tem Michelle Lincoln Yes
10 Commissioner Craig Cates Yes
11 Commissioner David Rice Yes
12 Co
mmissioner Holly Merrill Raschein Yes
14 BOARD OF COUNTY COMMISSIONERS OF ► ONROE COUNTY,
15 FLORIDA k 1 A i
16 By: MI I' . ' 4
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