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HomeMy WebLinkAboutItem J14 J14 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 August 20, 2025 Agenda Item Number: J14 2023-4337 BULK ITEM: Yes DEPARTMENT: Planning & Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Devin Tolpin AGENDA ITEM WORDING: Approval of a Resolution, Requested by the Monroe County Board of County Commissioners ("BOCC"), Approving the Reservation of Twenty-Eight (28) Affordable Workforce Early Evacuation Building Permit ("ROGO")Allocations for Proposed Affordable Workforce Housing Dwelling Units at 95295 Overseas Highway, Key Largo, Monroe County, Currently Having Parcel Identification Number 00484390-000000, and Approving an Amendment to the Affordable ROGO Reservation Extended by and through BOCC Resolution No. 171-2022 on the Subject Property, to Re-Reserve the 28 Affordable (Non-Early-Evacuation) ROGO Allocations for Monroe County Use at Sites To Be Determined, Through August 20, 2030. TIME APPROXIMATE 1:30 P.M. ITEM BACKGROUND: The Monroe County BOCC (the "Applicant", "owner", or "developer") has requested the reservation and award of twenty-eight (28) affordable early evacuation workforce housing allocations for the Applicant's project as part of the Monroe County Affordable Tourism Housing Program, on that certain real property located at 95295 Overseas Highway, Key Largo, Monroe County, currently having Parcel Identification No. 00484390-000000 (the "Property"). Monroe County Land Development Code ("LDC") Section 138-24(b) allows the BOCC to reserve by resolution some or all of the available affordable housing allocations or available affordable workforce housing early evacuation unit building permit allocations for award to certain sponsoring agencies or specific housing programs consistent with all other requirements of the chapter. LDC Section 138-24 states that workforce housing early evacuation unit allocations shall be distributed on a first-come first-serve basis. The reservation of workforce housing early evacuation building permit allocations for the anticipated project does not exempt the project from applicable requirements for the Monroe County Codes, Monroe County Comprehensive Plan, Florida Building Code, and/or other regulatory requirements, and the owner shall obtain all required approvals for the project. 3383 The proposed reservation shall require the developer to amend the existing deed restriction so as to comply with the requirements of the workforce initiative in order to exchange the workforce housing early evacuation units with the 28 allocations currently utilized by the project that is currently under construction. The 28 moderate income ROGO Allocations to be exchanged are requested to be reserved by the Monroe County BOCC to be utilized at undetermined sites in Unincorporated Monroe County through August 20, 2030. PREVIOUS RELEVANT BOCC ACTION: On December 11, 2024, the Board of County Commissioners ("BOCC", "Board", "Monroe County", or the "County") passed and adopted BOCC Resolution No. 544-2024, establishing the Monroe County Affordable Tourism Housing Program for purposes of funding affordable housing development projects which provide affordable housing available to employees of private sector tourism-related businesses in the County in accordance with Chapter 24-219, Section 4, Laws of Fla. On June 18, 2025, the BOCC passed and adopted BOCC Resolution No. 229-2025, approving funds for the acquisition of 11 new affordable housing units and the acquisition of land containing 12 new affordable housing units with approved entitlements for an additional 16 units from the Monroe County Affordable Tourism Housing Program on the Property. INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval. DOCUMENTATION: Workforce Housing Early Evacuation Unit Allocation Reservation Requests_Table.docx South Cliff Letter 06.25.2025.pdf signed.pdf Reso.229-2025.TDC.Funding.pdf Reso.544-2024 Affordable Tourism Housing Progra .pdf BOC C_Reso_28_Units_Reservation_Request_S outhcliff.pdf FINANCIAL IMPACT: N/A 3384 Workforce Housing Early Evacuation Unit Allocation Reservation Requests **Workforce housing early evacuation unit allocations shall be distributed on a first-come first-serve basis. Requests for dwelling units developed and/or deed-restricted utilizing the workforce housing early evacuation unit allocations are subject to the provisions of Policy 101.3.12 and „S„e„cfti„o„irp Order Name of City; Address of Request Units Number of Units Subarea Received Requesting Property Received Available Units Remaining Party at time of Requested if Request Approved 1 Bart Smith/ Tavernier 92501 11/22/2024 300 86 214 Upper 'Request VC Overseas approved Tavernier Highway 1211112024 2 Monroe Marathon 490 63rd Street 6/4/2025 214 19 195 Middle Count 3 Monroe Cudjoe 23038 6/4/2025 195 19 176 Lower County Key Overseas Highway 4 Monroe Key Largo 95295 6/25/2025 176 28 148 Upper County Overseas Highway 5 Natalie Big 307 Overseas 7/2/2025 148 2 146 Lower Mclntr e Coppitt Highway 6 Gorman& Key Largo 95325-95351 7/16/2025 146 176 0 Upper Company Overseas Highway 3385 rm BOARD OF COUNTY COMMISSIONERS County of Monroe �� r Mayor James K.Scholl,District 3 The Florida eysi Mayor Pro Tem Michelle Lincoln,District 2 C Craig Cates,District 1 " - David Rice,District 4 r� Holly Merrill Raschein,District 5 Office of the County Administrator The Historic Gato Cigar Factory 1100 Simonton Street, Suite 205 Key West, FL 33040 (305) 292-4441 —Phone (305) 292-4544 —Fax June 25,2025 Ms. Tolpin and Ms. Stankiewicz , This letter shall serve as the request from Monroe County to reserve twenty-eight(28)affordable workforce housing early evacuation unit allocations for a County-initiated affordable housing project approved to receive from the Monroe County Affordable Tourism Housing Program (the "Program"). The project is locally known as the South Cliff Estates project. Location: 95295 Overseas Highway, Key Largo, FL Legal Description: Lots 1 and 2, Block 1, REVISED PLAT OF SUNRISE POINT, according to the (plat thereof„ as recorded in Plat Book 3, Page 11,of the Public Records of Monroe Counity„Florida. AND The Northwesterly 726,fleet of the following described parcel of land:A portion of Tract 6,according to the Plat of Southcliiff Estates on Key Largio and recorded in,Plat Bock 2, Page 45,of the Public Records of Monroe County, Florida„more particularly described as follows_From a P.R.M.at the intersection of the Southeasterly right-of-way line of State Road No.5 on the Agreed Boundary Line between Southicliff Estates and K.L.'Thompson Property, as shown on Plat recorded in Plat Book 2,Pane.67.of the Public Records of Monroe County,Florida,ruin Southeasterly on said Agreed Llne,a distance of 66 feet to the Southeasterly right-of-way line of Old State Road) 4A,thenice Southwesterly along said southeasterly right-off-way line,a distance of 330 feet to thie Point of Beginning of the parcel(hereinafter described;thence continue Southwesterly on last described course,a distance of 1100 feet to the Northeasterly side of the subdivision of Sunrise Point,according to the Revised Plat recorded in Plat Book 3, Page 11,of the(Public Records of Monroe County,Florida,thence along said Northeasterly sidle of Sunrise Point in a Southeasterly direction,a distance of 10,65 feet,more or less to the shore of the Atlantic Ocean; thence Northeasterly meandering said shore to a point of intersection with,a line whiichi its 100 feet Northeasterly from and parallel to the said Northeasterly side of'.Sunrise(Point,thence Northwesterly alongi said lime to the Point o1 Beginning. Parcel ID: 00484390-000000 Request: 28 allocations The Property previously was granted the reservation of twenty-eight(28) affordable ROGO allocations pursuant to Resolution 116-2021.The County is requesting to exchange the twenty-eight(28)affordable ROGO allocations for twenty-eight(28) affordable workforce housing early evacuation unit allocations.Further,the County is requesting the reservation for the Project be granted for eighteen(18)months to allow sufficient time to complete the purchase I Page 3386 of the property and exchange the existing affordable allocations,update any required permitting and secure funding. The County is requesting the reservations pursuant to LDC Section 138-24(b): Reservation of affordable housing allocations.Notwithstanding the provisions of Section 138-26 for awarding of affordable housing allocations or workforce initiative (workforce housing early evacuation unit) allocations, the BOCC may reserve by resolution some or all of the available affordable housing allocations or available workforce initiative 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; The South Cliff Project received direct financial assistance from the County when it received approval for funding from the Program pursuant to Resolution 229-2025 at the June 18, 2025 BOCC Meeting. (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; On May 15, 2024 the BOCC approved Ordinance No. 018-2024 which authorized "accumulated surplus"funds of the Tourist Development and Tourist Impact Tax revenues to be transferred to an account to be held directly by the County or Land Authority for use in accordance with provisions of SB 1456 with adoption of a policy or resolution setting forth the process for distribution and expenditure of the accumulated funds to be approved by the Board at a later date. On December 11, 2024 the BOCC approved Resolution 544-2024 establishing the Monroe County Affordable Tourism Housing Program (the `Program') and setting forth the program qualifications, restrictions, and conditions for funding affordable housing projects utilizing the accumulated surplus Tourist Development Tax and Tourist Impact Tax revenues collected through September 30, 2024, in an amount not to exceed$35 million for the purpose of providing housing that is available to employees of private sector tourism-related businesses in the County in accordance with Ch. 2024-219, Laws of Florida. The Project received direct financial assistance from the County when it received approval for funding from the Program pursuant Resolution 229-2025 at the June 18, 2025 BOCC Meeting. (5)Specific affordable or employee housing pro]ects 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 21 Page^ 3387 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; or (7) Workforce initiative housing projects, pursuant to Policy 101.3.12 and Section 138-24(c), that require occupants to evacuate in Phase 1 of the 48-hour evacuation of a pending major hurricane, are restricted to rental occupancy, and for those who derive at least 70% of their income as members of the workforce in Monroe County and who meet the affordable housing income categories of the Monroe County Land Development Code. The County is seeking twenty-eight(28)affordable workforce housing early evacuation unit allocations and commit to the requirements set forth in Comprehensive Plan Policy 101.3.12 and Land Development Code Section 138- 24(c) that require occupants to evacuate in Phase I of the 48-hour evacuation of a pending major hurricane, are restricted to rental occupancy, and for those who derive at least 70%of their income as members of the workforce in Monroe County and who meet the affordable housing income categories of the Monroe County Land Development Code. Thank you for your consideration. Sincerely, Christine Hurley,AICP Monroe County Administrator CH/cc ENCL: Resolution 229-2025, TDC Funding Resolution 544-2024 establishing the Monroe County Affordable Tourism Housing Program Resolution 116-2021, ROGO Reservation 3 Page 3388 RESOLUTION 229 -2025 APPROVAL OF A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE EXPENDITURE OF $6,867,100.00 FOR ACQUISITION FUNDING OF 11 NEW AFFORDABLE HOUSING UNITS TO MONROE COUNTY FOR THE ACQUISITION OF LAND CONTAINING 12 NEW AFFORDABLE HOUSING UNITS WITH APPROVED ENTITLEMENTS FOR AN ADDITIONAL 16 UNITS ON LAND LOCATED AT 95295 OVERSEAS HIGHWAY, KEY LARGO, WITH PARCEL ID # 00484390-000000 AND FURTHER LEGALLY DESCRIBED IN EXHIBIT "A"' UTILIZING ACCUMULATED SURPLUS TOURIST DEVELOPMENT TAX REVENUES COLLECTED THROUGH SEPTEMBER 30, 2024 FOR THE PURPOSE OF PROVIDING HOUSING THAT IS AFFORDABLE AND AVAILABLE TO EMPLOYEES OF PRIVATE SECTOR TOURISM-RELATED BUSINESSES IN THE COUNTY IN ACCORDANCE WITH MONROE COUNTY RESOLUTION 544- 2024 AND CH. 2024-219, LAWS OF FLORIDA; SUBJECT TO A LAND USE RESTRICTION AGREEMENT (LURA); AND APPROVING THE EXPENDITURE OF $654,549.08 FOR ACQUISITION FUNDING FOR ONE (1) UNIT BY MONROE COUNTY, UTILIZING 304 FUNDS FOR THE MONROE COUNTY EMPLOYEE HOUSING RENTAL PROGRAM; AND AUTHORIZING THE MAYOR TO EXECUTE DOCUMENTS IN SUPPORT OF THE PROJECT. WHEREAS, Ch. 24-219, Laws of Fla., (SB 1456) became effective on July 1, 2024; and WHEREAS, Ch. 24-219, § 4, Laws of Fla., provides that counties, which are designated as an Area of Critical State Concern (ACSC), and which levy both a tourist development tax pursuant to F.S. 125.0104, and a tourist impact tax pursuant to F.S. 125.0108, may use any accumulated surplus from such taxes collected through September 30, 2024, not to exceed $35 million, whether held by the county directly,or by a land authority in the county created pursuant to F.S. 380.0663, for purposes of providing housing which is available to employees of private sector tourism-related businesses in the county; and WHEREAS, Ch. 24-219, § 4, Laws of Fla., further provides that any housing financed with funds from the surplus may be used only for purposes of providing "affordable" housing, as defined in F.S. 420.0004, for a period of no less than 99 years for employees of private sector tourism-related businesses as defined in Monroe County Resolution 544-2024; and Page 1 of 5 3389 WHEREAS, pursuant to F.S. 420.0004, for one or more natural persons or a family, the total annual adjusted gross household income must be less than 120 percent of the median annual adjusted gross income for households within the state; and WHEREAS, Ch. 24-219, § 4,Laws of Fla., further provides that expenditure of such funds is subject to approval by a majority vote of the BOCC; and WHEREAS, in anticipation of Ch. 24-219, Laws of Fla.,becoming law, on May 15,2024, the Board of County Commissioners (BOCC)passed Monroe County Ordinance 018-2024,which authorized the "accumulated surplus" funds to be transferred to an account to be held directly by the County or Land Authority and authorized for use in accordance with state law; and WHEREAS,within said Ordinance,the BOCC stated that"[t]he BOCC will adopt apolicy or resolution setting forth the process for distribution and expenditure of accumulated funds for affordable housing in accordance with the conditions as set forth in SB 1456"; and WHEREAS, the BOCC adopted Resolution 544-2024 establishing the Monroe County Affordable Tourism Housing Program (hereinafter "the Program") setting forth the program parameters, restrictions, and conditions for evaluation of potential affordable housing projects which qualify for this funding and the subsequent distribution and expenditure of the accumulated funds for selected affordable housing projects in accordance with the requirements as set forth in Ch. 24-219, § 4, Laws of Fla.; and WHEREAS, the County Administrator and Staff negotiated a proposed contract on the BOCC's behalf for the sale/purchase of the South Cliff affordable housing project through a funding combination of funding from the Program and from the Infrastructure Sales Surtax (304 Fund) which will be considered by the BOCC on June 18, 2025,pursuant to a separate item; and WHEREAS, Monroe County (the "County") is proposing to acquire 12 new affordable housing units with approved entitlements for an additional 16 units on land located at 95295 Overseas Highway,Key Largo,with Parcel ID No. 00484390-000000 and further legally described in Exhibit"A" (the "Subject Property"); and WHEREAS, 11 new affordable housing units to Monroe County for the acquisition of land containing 12 new affordable housing units with approved entitlements for an additional 16 units on the Subject Property will utilizing accumulated surplus Tourist Development Tax revenues collected through September 30, 2024 for the purpose of providing housing that is affordable and available to employees of private sector tourism-related businesses in the County in accordance with Ch. 2024-219, Laws of Florida; and WHEREAS, 11 of the 12 acquired affordable new housing units to be solely occupied by heads of households employed by a private sector tourism-related business whose income does not exceed 80 percent of the median annual adjusted gross income for households within the state; and Page 2 of 5 3390 WHEREAS, the County has applied to the Program for $6,867,100.00 in acquisition funding for the Subject Property and all associated development rights and entitlements, and construction funding for any remaining necessary construction; and WHEREAS, the County has requested $6,867,100.00 be disbursed upon purchase of the Subject Property; and WHEREAS, the Board has determined that it should utilize tourist development tax revenue from two District Advisory Committees (DAC) consisting of$1,519,180.00 from DAC 4 and $5,347,920.00 from DAC 5 toward the acquisition of the Subject Property, associated development rights and any remaining necessary construction; and WHEREAS, at the May 18, 2022 Regular Commission Meeting, the BOCC adopted Resolution 155-2022 establishing the Monroe County Employee Housing Rental Program (MCEHRP) for residential units owned by the BOCC which are rented to Monroe County BOCC and Monroe County Sheriffs Office employees at reasonable rental rates; and WHEREAS, one (1) of the 12 acquired affordable new housing units will be used for MCEHRP and receive acquisition funding utilizing the Infrastructure Sales Surtax(304 Fund); and WHEREAS, the Board of County Commissioners considered this resolution at a meeting held on June 18, 2025; NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: Section 1. The above recitals are true and correct and incorporated herein. Section 2. Monroe County hereby commits $6,867,100.00 of accumulated surplus Tourist Development Tax revenues and $654,549.08 of Infrastructure Sales Surtax (304 Fund) in FY25 for acquisition of the Subject Property,all associated development rights and entitlements, and any remaining necessary construction funding for the Subject Property. Section 3. The County will disburse the $6,867,100.00 upon receipt, and approval by the County's Senior Director of Planning and Environmental Resources, or her designee, of proof of recorded LURA pursuant to section 4 below. Section 4. Prior to disbursement of any portion of the $6,867,100.00 of accumulated surplus Tourist Development Tax revenues, the County shall sign and record a Land Use Restriction Agreement (LURA), to be drafted and provided by the Monroe County Attorney's Office, restricting use of the Subject Property to affordable housing in accordance with F.S. 420.0004 and the Monroe County Affordable Tourism Housing Program, for 99 years. Section 5. The Mayor and County Administrator are hereby authorized to execute documents in support of the Project. Page 3 of 5 3391 Section 6.This resolution shall take effect immediately upon its adoption PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the'1 Sth day of June 2025 . Mayor James K. Scholl, District 3 Yes Mayor Pro Tern Michelle Lincoln,District 2 Yes Commissioner Craig Cates, District I Absent Commissioner David Rice, District 4 Yes Commissioner Holly Merrill Raschein,District S Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA B y OR JAMES K.SCHOLL ,b � SFItl�L) " MONROE COUNTY ATTORNEY , n f ATTES-i IN MADOK, CLERK Approved for form and legal sufficiency- }-' — Digitally signed by Robert B. Robert B. Shillinger,Jr. By: L lJ1( 1 By: S h i I I i n g e r, J r. Date a o0 025.06.23 4:09:02 As Deputy Clerk Robert Shillinger, Jr., County Attorney CD Exhibit "A» Legal Description Page 4 of 5 3392 Parcel ID: 00484390-000000 Lots I and 2, Block 1, REViSED PLAT OF SUNRISE POIN', according to the plat thereof, as recorded in Plat Book 3, Page, 11, of the Public Records of Monroe County, Florida. AND, The Northwesterly 720,feet of the follow ng described parcel of land: A portion of Tract 6,according to the Plat of Southcliff Estates on Key Largo and recorded in Plat Book 2, Page 45, of the Publlic Records of Monroe County, Florida,,more particularly described as follows: Frorn a P,R,V at the interseclion of the Southeasterly right-of-way line of State Road No. 5 on the Agreed Boundary Line between Southicliff Estates and K.L. Thompson Property, as shown on Plat recorded in Plat Book 2, Page 67, of the Public Records of Monroe County, Florida, run Southeasterly on said Agreed Line, a Mstance of 66 feet to the Southeasterly,right-of-way line of Old State Road 4A; thence Southwesterly along said Southeasterly right-of'-way line,a.distance of 330 feet to the Point of Beginning of the parcel hereinafter described;thence contiinue Southwesterly on last described course,a distance of 100 feet to the Northeasterly side of the subdivision of Sunrise Point,according to the Revised Plat recorded in Plat Book 3, Page 11, of the Public Records of Monroe County, FloridaA thence along said Northeasterly side of Sunrise Point in a Southeasterly direction, a distance of 1065 feet, more or less to the shore of the Atlantic Ocean„ thence Northeasterly meandering said shore to a point of intersection with a line which is 100 feet Northeasterly, from and parallel to,the said Norlheasterly side of Sunrise,Point;thence Northwesterly along said line to the Point of Beginning, Page 5 of 5 3393 ,) 0 / IP9 wc�in> RESOLUTION NO. 544 -2024 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, ESTABLISHING THE MONROE COUNTY AFFORDABLE TOURISM HOUSING PROGRAM FOR PURPOSES OF FUNDING AFFORDABLE HOUSING DEVELOPMENT PROJECTS WHICH PROVIDE AFFORDABLE HOUSING AVAILABLE TO EMPLOYEES OF PRIVATE SECTOR TOURISM-RELATED BUSINESSES IN THE COUNTY IN ACCORDANCE WITH CH. 24-219, § 4, LAWS OF FLA.; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Ch. 24-219, Laws of Fla., (SB 1456) became effective on July 1, 2024; and WHEREAS, Ch. 24-219, § 4, Laws of Fla., provides that counties, which are designated as an Area of Critical State Concern (ACSC), and which levy both a tourist development tax pursuant to F.S. 125.0104, and a tourist impact tax pursuant to F.S. 125.0108, may use any accumulated surplus from such taxes collected through September 30, 2024, not to exceed $35 million, whether held by the county directly, or by a land authority in the county created pursuant to F.S. 380.0663, for purposes of providing housing which is available to employees of private sector tourism-related businesses in the county; and WHEREAS, Ch. 24-219, § 4, Laws of Fla., further provides that any housing financed with funds from the surplus may be used only for purposes of providing "affordable" housing, as defined in F.S. 420.0004, for a period of no less than 99 years; and WHEREAS, pursuant to F.S. 420.0004, for one or more natural persons or a family, the total annual adjusted gross household income must be less than 120 percent of the median annual adjusted gross income for households within the state; and WHEREAS, Ch. 24-219, §4,Laws of Fla.,further provides that expenditure of such funds is subject to approval by a majority vote of the BOCC; and WHEREAS, in anticipation of Ch. 24-219, Laws of Fla.,becoming law, on May 15, 2024, the Board of County Commissioners (BOCC)passed Monroe County Ordinance 018-2024,which authorized the "accumulated surplus" funds to be transferred to an account to be held directly by the County or Land Authority and authorized for use in accordance with state law; and WHEREAS,within said Ordinance,the BOCC stated that"[t]he BOCC will adopt a policy or resolution setting forth the process for distribution and expenditure of accumulated funds for Page 1 of 6 3394 affordable housing in accordance with the conditions as set forth in SB 1456"; and WHEREAS, the BOCC wishes to adopt through resolution a policy setting forth the program parameters, restrictions, and conditions for evaluation of potential affordable housing projects which qualify for this funding and the subsequent distribution and expenditure of the accumulated funds for selected affordable housing projects in accordance with the requirements as set forth in Ch. 24-219, § 4, Laws of Fla. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1: RECITALS AND LEGISLATIVE INTENT. The foregoing recitals and statements of legislative intent are true and correct and are hereby incorporated as if fully set forth herein. SECTION 2: PURPOSE AND INTENT. The Monroe County Affordable Tourism Housing Program ("Program") is hereby established. The purpose and intent of the Program is to facilitate the purchase, development, construction, and/or rehabilitation of affordable housing projects which meet the Program guidelines and requirements as set forth in this Resolution,which may be amended from time to time. SECTION 3: DEFINITIONS. (A) Affordable shall have the same meaning as § 420.0004, Florida Statutes. (B) BOCC shall mean the Monroe County Board of County Commissioners. (C) Land Use Restriction Agreement (L URA) shall mean a deed restriction restricting the units purchased, developed or rehabilitated using funding from this Program as affordable for a period of no less than 99 years. (D) Private Sector Tourism-Related Businesses shall mean those businesses physically located and operating within Monroe County, and who fall within one (1) or more of the following 2022 North American Industry Classification System (NAILS) Categories: 1. Sector 71. Arts, Entertainment, and Recreation. 2. Sector 72. Accommodation and Food Services. 3. Subsector 487 of Sector 48-49. Scenic and Sightseeing Transportation. (E) Program shall mean the Monroe County Affordable Tourism Housing Program. (F) Project(s) shall mean affordable residential housing consisting of one (1) or more residential dwelling unit(s) and which meet the Program requirements. (G) Qualified Employees shall mean employees of private sector tourism-related businesses who meet the affordable income qualifications and who possess no ownership interest in a residential property in Monroe County or the contiguous counties of Miami-Dade and Collier counties. (H) Surplus funds shall mean accumulated excess of revenue in an amount not to exceed $35,000,000.00. Page 2 of 6 3395 SECTION 4: PROGRAM GUIDELINES. The Program will provide financial assistance for the purchase, construction, or redevelopment of affordable housing Projects subject to the following guidelines: (A)Types of Projects 1. The following types of projects will be considered for complete or partial funding: a. New construction of residential dwelling unit(s); b. Rehabilitation of residential dwelling unit(s); c. Purchase of existing parcel(s), developed or undeveloped; d. Purchase of existing residential unit(s) or development(s); and/or e. A mix of any of the above. (B)Types of Residential Units. 1. Projects should include the following type(s) of housing units, in order of preference: a. studio/efficiency apartment(s); b. 1 bedroom / 1 bathroom apartment(s); c. 2+bedroom/bathroom apartment(s); and/or d. Family type units with multiple bedroom/bathrooms. 2. Projects with multiple residential units may include a mix of these types of residential units. (C)Types of Qualified Employees 1. Projects should prioritize the following type(s) of Qualified Employees, subject to affordability criteria, in order of preference: a. Single employees; b. Employees with dependents; c. Entry-level employees; and/or d. Managers. (D)Additional Considerations. 1. Any and all Projects which involve one or more of the following will be given greater weight in consideration: a. Projects which propose partnerships with existing governmental entities, i.e., Key West Housing Authority, Monroe County Housing Authority, Monroe County Land Authority; b. Projects which propose partnerships with existing non-profits that have demonstrated the ability to develop affordable housing in Monroe County, meaning who have developed at least ten (10) affordable housing units over the past 5 years; c. Scattered site(s) developments which utilize existing scarified single-family lots that have no protected habitat; d. Projects which propose allowing Monroe County to utilize the rental income, after necessary deductions for administration, building reserves, etc., for inclusion in a separate interest-bearing Page 3 of 6 3396 account to be used in the future to provide additional affordable housing within Monroe County. 2. The following types of Projects shall not be funded: a. Projects which are already funded and required to provide affordable housing; and/or b. Projects required to be built pursuant to inclusionary housing requirements and/or development approvals linked to a market- rate and/or commercial project. 3. Projects which shall also be considered, in no order of preference: a. Public-Private Partnerships (P3s); and/or b. Purchase of existing residential dwelling developments with a county lease back to original owner for management and lease with required LURA restrictions on the subject property. SECTION 5: REQUIREMENTS. Any and all Projects selected for funding by Monroe County are subject to the following requirements: (A)Application to Monroe County for funding; (B)Encumbrance of funding for a specific Project is subject to approval of a majority vote of the BOCC by separate Resolution; (C)Prior to distribution of funds, recording of a LURA drafted and provided by the Monroe County Attorney's Office; (D)No amount of the funding in this program may be used to develop commercial property; (E) Only rental residential dwelling unit(s) shall be considered; (F) Any other requirements in this Resolution, as may be amended from time to time; and (G)Any other requirements as may be outlined in the specific project funding Resolution, as may be amended from time to time. SECTION 6: COUNTY GUIDELINES. (A)The County Administrator shall facilitate the Program and delegate responsibilities of the Program to county staff as deemed necessary in his/her sole discretion,which should include, but not necessarily be limited to, an application process and a webpage. County Administrator may enlist third-party reviewers or administrators for income and employment verification. (B)Application package should include, at a minimum: 1. Detailed description of the project, including address/Parcel ID and business plan, if applicable; 2. Included or potential building plans, if any; 3. Any current land restrictions; 4. Amount of funding requested and detailed documentation to support request. (C)Staff shall review and evaluate Project applicants and provide a written recommendation to the BOCC for approval/disapproval of funding along with a Page 4 of 6 3397 draft Resolution, if applicable. Staff may, in its discretion, seek additional information from the applicant(s)prior to finalizing staff recommendations. (D)When reviewing and evaluating Projects, staff should consider allocation of the surplus funds by the percentage of total funding earned within the geographical boundaries of the tax collection districts as defined in Monroe County Code of Ordinances Chapter 23, Article VI. (E)Funding shall only be issued after a project has received building permits and all funding needed to complete the project has been approved as demonstrated by loan commitments, to assure the project can be completed. SECTION 7: TENANT ELIGIBILITY. (A)Only Qualified Employees who meet the affordable income qualifications in § 420.0004, Florida Statutes, shall be eligible to apply for rental of any residential dwelling unit(s)purchased and/or funded by this Program. (B)Tenants will be required to submit proof of eligibility at the time of application and again at the time of annual lease renewal. (C)Only one full-time resident of the household needs to be, and remain, an employee of a private sector tourism-related business for the household to qualify. All members of the household must meet the affordable income limits, according to the local government affordable housing regulations, which differ amongst local governments in the county. SECTION 8: TENANT LEASE TERMS. Any and all leases to tenant(s) for dwelling unit(s)purchased and/or funded by this Program shall meet the following requirements: (A)Shall be in writing; (B)Shall reference the LURA; (C)Any and all rental leases to tenant(s) shall be for a period of one (1)year. (D)Lease may only be renewed subject to the BOCC's rules of the Program which include, but are not limited to, tenant income and employment eligibility. (E)Lease shall include an early termination provision in the event the qualified applicant(s) is/are no longer eligible. (F) Maximum monthly rental rates shall not exceed the applicable annual Monroe County Maximum Monthly Rental Rates unless the rental residential dwelling unit(s)is/are located within the physical geographical boundaries of the City of Key West, Marathon, or Islamorada. In that case, the tenant shall be subject to the City of applicable Cities' Maximum Monthly Rental Rates for the respective income category. SECTION 9: CONSTRUCTION AND INTERPRETATION. This Resolution, being necessary for the health, safety, and welfare of the residents of and visitors to Monroe County, shall be liberally construed to effect(uate) the public purpose(s) hereof. Interpretation of this Resolution shall be construed in favor of the Monroe County Board of County Commissioners, and such construction and interpretation shall be entitled to great weight in adversarial administrative proceedings, at trial, in bankruptcy, and on appeal. Page 5 of 6 3398 SECTION 10: NON-RELIANCE_BY NON-PARTIES AND NO THIRD-PARTY RIGHTS OR BENEFICIARIES. Nothing contained herein shall create or be construed :or interpreted to create any relationship,contractual or otherwise,with,or any rights in favor of, any third party. No person or,entity shall be entitled to rely upon this Resolution or any provision hereof to enforce or attempt to enforce any claim or entitlement to or benefit of any service or, program contemplated hereunder. SECTION.11: SECTION HEADINGS. Section headings have been inserted into this Resolution as a matter of convenience for reference only,and shall not be used in the interpretation or construction of this Resolution or any part thereof. SECTION 12: NO LIABILITYY. Monroe County expressly reserves and in no way shall be deemed to have waived,for itself or for its officer(s), employee(s), or agent(s), any sovereign, governmental, and other similar defense, immunity; exemption, or protection against any suit, cause-of-action, demand, or liability. SECTION 13 SEVERABILITY. If any provision of this Resolution, or any part or portion thereof, is held to be invalid or unenforceable by.any administrative hearing officer or court of competent jurisdiction,the invalidity or unenforceability of such provision, or any part or portion thereof, shall neither limit or impair the operation, enforceability;or validity of any other provision of this Resolution,or any remaining part(s)or portion(s)thereof All other provisions of this Resolution and remaining part(s)or portion(s)thereof,shall continue unimpaired in full force and effect. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, =at a regular meeting of said board on the 1 l th day of December 2024. Mayor James K. Scholl Yes Mayor Pro Tern Michelle Lincoln Yes Commissioner Craig Cates Yes Commissioner David Rice Yes _ .s Commissioner Holly Merrill Raschein Yes (SEAL) ' BOARD OF COUNTY COMMISSIONERS' g 11�TTES1EVIN MADOK,CLERK OF MONROE COUNTY,FLORIDA B y: DE UTY CLERK AYOR/CHAIRPERSON APPROVED AS TO FORM&LEGAL SUFFICIENCY Monr a ounty Attorney's Office thalia Melues'Archei Ass tant County Attorney Page 6 of 6 3399 F 1 rw w„yd ri 2 RESOLUTION NO. -2025 3 4 A RESOLUTION APPROVING THE RESERVATION AND AWARD 5 OF TWENTY-EIGHT (28) WORKFORCE HOUSING EARLY 6 EVACUATION AFFORDABLE ALLOCATIONS PURSUANT TO 7 MONROE COUNTY COMPREHENSIVE PLAN POLICY 101.3.12 AND 8 MONROE COUNTY LAND DEVELOPMENT CODE SECTION 138-24, 9 FOR ISSUED PERMITS FOR EXISTING AND PROPOSED 10 AFFORDABLE WORKFORCE HOUSING DWELLING UNITS, ON 11 PROPERTY LOCATED AT 95295 OVERSEAS HIGHWAY, KEY 12 LARGO, MONROE COUNTY, DESCRIBED AS A PARCEL OF LAND 13 IN SECTION 13, TOWNSHIP 62 SOUTH, RANGE 38 EAST, MONROE 14 COUNTY, CURRENTLY HAVING PARCEL IDENTIFICATION 15 NUMBER 00484390-000000, AND APPROVING AN AMENDMENT TO 16 THE AFFORDABLE ROGO RESERVATION EXTENDED BY AND 17 THROUGH THROUGH BOCC RESOLUTION NO. 171-2022 ON THE 18 SUBJECT PROPERTY, TO RE-RESERVE THE 28 AFFORDABLE 19 (NON-EARLY-EVACUATION) ALLOCATIONS FOR MONROE 20 COUNTY USE AT SITES TO BE DETERMINED THROUGH AUGUST 21 20, 2030, AS REQUESTED BY THE MONROE COUNTY BOARD OF 22 COUNTY COMMISSIONERS (`BOCC", `BOARD", OR THE 23 "COUNTY") IN PARTNERSHIP WITH THE MONROE COUNTY 24 HOUSING AUTHORITY("MCHA"). 25 26 27 WHEREAS,the State of Florida and all local governments in the Florida Keys (each subject 28 to Area of Critical State Concern mandates relating to housing affordability) recognize the need for 29 affordable housing throughout the state and particularly in the Florida Keys where developable land 30 for housing is extremely limited and expensive; and 31 32 WHEREAS,the challenge of providing affordable housing opportunities in the Florida Keys 33 is one requiring sensible and responsive use of residential unit allocations, including implementation 34 of long-term preservation mechanisms; and 35 36 WHEREAS, due consideration should be given to relevant factors such as the capacity for 37 allocation recipients to promptly transform allocation awards/reservations into finished and occupied 38 affordable/workforce housing units; and 39 40 WHEREAS, on August 20, 2025, Monroe County Board of County Commissioners 41 ("Monroe County", "BOCC", "Board", "owner", "developer" or the "County") was to consider 42 and/or is considering adoption of an Ordinance, amending Monroe County Year 2030 43 Comprehensive Plan ("Comprehensive Plan") Policies 101.2.2, 101.2.4, 101.3.1, 101.3.2, 101.3.3, 1 of 4 3400 1 101.3.4, 101.3.10, 101.3.11, 101.3.12, 601.1, 601.1.1, 601.1.2, 601.1.8, 601.1.11, and 601.5.1, 2 providing for transmittal to the State Land Planning Agency and the Secretary of State, providing 3 for amendment(s)to and incorporation into the Monroe County Comprehensive Plan,and, inter alia, 4 providing for an effective date; and 5 6 WHEREAS, on August 20, 2025, the BOCC was to consider and/or is considering adoption 7 of an Ordinance, amending Monroe County Land Development Code ("LDC") Section 138-24, 8 providing for transmittal to the State Land Planning Agency and the Secretary of State, providing 9 for amendment(s)to and incorporation into the Monroe County Land Development Code, and, inter 10 alia,providing for an effective date; and 11 12 WHEREAS, pursuant to Comprehensive Plan Policy 101.3.12 and LDC Section 138-24(e), 13 requests for workforce housing early evacuation unit building permit allocations shall require a 14 reservation via BOCC resolution; and 15 16 WHEREAS, pursuant to Comprehensive Plan Policy 101.3.2 and LDC Section 138-24(a), 17 requests for workforce housing early evacuation unit building permit allocations shall be distributed 18 on a first-come first-serve basis; and 19 20 WHEREAS, the reservation of workforce housing early evacuation unit building permit 21 allocations for the anticipated project does not exempt the project from applicable requirements for 22 the Monroe County Code(s), Comprehensive Plan, Florida Building Code, and/or other regulatory 23 requirements; and 24 25 WHEREAS, the owner shall obtain all required approvals from Monroe County for the 26 project; and 27 28 WHEREAS,twenty-eight(28) affordable allocations (14 -low and 14 -median)for proposed 29 employee housing units on the subject property were reserved through BOCC Resolution No. 116- 30 2021 and extended through BOCC Resolution No. 171-2022; and 31 32 WHEREAS, on October 7, 2022, the following Monroe County Building Permits have been 33 issued for the construction of twenty-eight (28) affordable employee housing dwelling units on the 34 Subject Property: 21301888, 21301889, 21301890, 22300465, 22300466, 22300467, 22300468, 35 22300469, 22300470, 22300471, and 22300472; and 36 37 WHEREAS, an amended and restated employee housing deed restriction was recorded in the 38 Official Records of Monroe County at Book 3337, Page 1132, Document No. 2509619, which 39 restricts the units authorized to be constructed through the aforementioned building permits for a 40 period of at least ninety-nine (99)years to being leased or sold to households with an adjusted gross 41 annual income no greater than one hundred twenty (120)percent of the median adjusted gross annual 42 43 income (moderate income); and 44 WHEREAS, the owner intends to exchange the workforce housing early evacuation units 45 with the existing affordable ROGO allocations associated with the aforementioned building permits; 46 and 47 WHEREAS, the owner shall be required to amend the employee housing deed restriction so 48 as to include all requirements of the workforce initiative pursuant to LDC Section 138-24(e); and 49 50 WHEREAS, the 28 moderate income category affordable ROGO Allocations (non-early- 51 evacuation) currently allocated to Building Permit Nos. 21301888, 21301889, 21301890, 22300465, 2 of 4 3401 1 22300466, 22300467, 22300468, 22300469, 22300470, 22300471, and 22300472 shall be reserved 2 by the Monroe County BOCC for proposed affordable housing dwelling units on properties to be 3 determined within unincorporated Monroe County in accordance with LDC Section 138-24(b)(4); 4 and 5 6 WHEREAS, permits shall be obtained for the subject affordable dwelling units by August 7 20, 2030, but if the permit for a reserved allocation housing unit is not issued by that time, the 8 allocation shall automatically revert back to the County's affordable housing allocation pool by 9 operation of law; 10 11 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 12 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 13 14 Section 1. Recitals. The foregoing recitals, findings of fact, and conclusions of law are true and 15 correct and are hereby incorporated as if fully stated herein. 16 17 Section 2. Title. The contents of the foregoing title, is/are hereby incorporated, and is/are hereby 18 approved as if fully stated herein. 19 20 Section 3. The Monroe County Board of County Commissioners ("Monroe County", "BOCC", 21 "Board", "owner", "developer", or the "County") hereby approves, and the Monroe 22 County Planning and Environmental Resources Department accordingly approves,the 23 award and exchange of twenty-eight (28) affordable workforce housing early 24 evacuation unit building permit allocations at the moderate income category for 25 affordable housing unit allocations associated with Monroe County Building Permit 26 Nos. 21301888, 21301889, 21301890, 22300465, 22300466, 22300467, 22300468, 27 22300469, 22300470, 22300471, and 22300472. The 28 exchanged moderate income 28 category affordable ROGO allocations shall be reserved to Monroe County to be 29 constructed on properties to be determined within unincorporated Monroe County and 30 developed by the Monroe County BOCC by August 20, 2030. 31 32 Section 4. The developer must amend the employee housing deed restriction so as to include all 33 requirements of the workforce initiative pursuant to LDC Section 138-24(e) in order 34 to exchange the existing 28 moderate income category affordable workforce housing 35 early evacuation housing units. 36 37 Section 5. The interpretation of this Resolution and all provisions of the Monroe County 38 Comprehensive Plan,Florida Building Code, Monroe County Codes, Florida Statutes, 39 and floodplain management regulations whose interpretation arise out of, relate to, or 40 are interpreted in connection with this Resolution, shall be liberally construed and 41 enforced in favor of Monroe County, and such interpretation shall be entitled to great 42 weight in adversarial administrative proceedings,at trial,in bankruptcy,and on appeal. 43 44 Section 6. This Resolution is subject to the requirements of the Monroe County Code of 45 Ordinances, Land Development Code, Comprehensive Plan, Florida Statutes, and 46 Florida Administrative Code, and,in addition,this Resolution shall not become legally 47 effective until the above-referenced Ordinances adopting amendments to 48 Comprehensive Plan Policies 101.2.2, 101.2.4, 101.3.1, 101.3.2, 101.3.3, 101.3.4, 49 101.3.10, 101.3.11, 101.3.12, 601.1, 601.1.1, 601.1.2, 601.1.8, 601.1.11, and 601.5.1 50 and Land Development Code Section 138-24 become legally effective and any and 3 of 4 3402 I all adversarial administrative proceeding(s) and/or litigation regarding said 2 Ordinance(s) has/have fully and finally concluded. 3 4 Section 7. The developer shall comply with the Monroe County Comprehensive Plan, Monroe 5 County Land Development Code, Monroe County Code of Ordinances, Florida 6 Building Code, floodplain management regulations, and any and all other 7 requirements of Monroe County and/or State and/or Federal oversight agencies. 8 9 Section 8. No Liability. Monroe County expressly reserves and in no way shall be deemed to 10 have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign, 11 governmental, and any other similar defense, immunity, exemption, or protection 12 against any suit, cause-of-action, demand, or liability. 13 14 Section 9. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. If any 15 portion of this Resolution, or any part or portion thereof, is held to be invalid or 16 unenforceable by any administrative hearing officer or court of competent jurisdiction, 17 the invalidity or unenforceability of such provision,or any part or portion thereof,shall 18 neither limit nor impair the operation, enforceability, or validity of any other provision 19 of this Resolution, or any remaining part(s) or portion(s)thereof. All other provisions 20 of this Resolution, and remaining part(s) or portion(s) thereof, shall continue 21 unimpaired in full force and effect. 22 23 Section 10. Effectiveness. This Resolution shall become effective as provided by law and stated 24 above including the effectiveness of an amended and restated deed restriction and 25 effectiveness of the ordinances as stated above. 26 27 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 28 Florida, at a regularly scheduled public meeting held on the 201h day of August, 2025. 29 30 Mayor James K. Scholl 31 Mayor Pro Tem Michelle Lincoln 32 Commissioner Craig Cates 33 Commissioner David Rice 34 Commissioner Holly Merrill Raschein 35 36 BOARD OF COUNTY COMMISSIONERS OF MONROE 377 COUNTY, FLORIDA 38 39 40 By: 41 Mayor James K. Scholl 42 ATTEST: KEVIN MADOK, CLERK MONROECQI ( E 43 7- ` TO FARM ._ , 46 AS DEPUTY CLERK ASSISTANT COUNTY ATTORNEY Date; .——BL3125 � ��. r 4of4 3403