Resolution 569-2023 F
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2 RESOLUTION NO. 569 -2023
3
4 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
5 COMMISSIONERS APPROVING THE EXTENSION OF
6 RESERVATION OF TWO MODERATE INCOME CATEGORY
7 AFFORDABLE ROGO ALLOCATIONS FOR PROPOSED
8 AFFORDABLE HOUSING DWELLING UNITS ON PROPERTY
9 LOCATED ON LOTS 16 AND 17, BLOCK 6, HOLIDAY HOMESITES,
10 KEY LARGO, APPROXIMATE MILE MARKER 100, CURRENTLY
11 HAVING PROPERTY IDENTIFICATION NUMBERS 00530750-000000
12 AND 00530750-000100, AS REQUESTED BY HABITAT FOR
13 HUMANITY OF THE UPPER KEYS, INC., AS PROPERTY OWNER,
14 UNTIL AUGUST 18, 2024, FOR BUILDING PERMIT ISSUANCE.
15
16 WHEREAS,the State of Florida and all local governments in the Florida Keys (each subject
17 to Area of Critical State Concern mandates relating to housing affordability) recognize the need for
18 affordable housing throughout the state and particularly in the Florida Keys where developable land
19 for housing is extremely limited and expensive; and
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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,Monroe County Land Development Code("LDC") Section 138-24(b)(1)allows
30 the Board of County Commissioners ("BOCC") to authorize reservations for "the county housing
31 authority, non-profit community development organizations,pursuant to Section 139-1(e), and other
32 public entities established to provide affordable housing by entering in to a memorandum of
33 understanding with one or more of these agencies"; and
34
35 WHEREAS, LDC Section 138-24(b)(2) allows the BOCC to authorize reservations for
36 "specific affordable or employee housing projects participating in a federal/state housing financial
37 assistance or tax credit program or receiving some form of direct financial assistance from the county
38 upon written request from the project sponsor and approved by resolution of the Board of County
39 Commissioners"; and
40
41 WHEREAS, Habitat for Humanity of the Upper Keys, Inc., is proposing to develop the
42 property with two (2) affordable housing units; and
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I WHEREAS, on April 12, 2017, the BOCC approved a request by Habitat for Humanity of
2 the Upper Keys, Inc., for the donation of three county-owned parcels, lots 16 and 17 of the Holiday
3 Homesites Subdivision and lot 3 of Winston Park Subdivision; and
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5 WHEREAS,Habitat for Humanity of the Upper Keys,Inc., obtained ownership of the subject
6 property through a County Deed Bargain and Sale from Monroe County; and
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8 WHEREAS, on August 18, 2021, the BOCC adopted Resolution No. 263-2021, approving
9 the reservation of two (2) moderate-income affordable housing until August 18, 2023; and
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11 WHEREAS,the reservation of affordable housing allocations for the anticipated project does
12 not exempt the project from applicable requirements for the Monroe County Comprehensive Plan,
13 Land Development Code, Florida, Building Code, and/or other regulatory requirements; and
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15 WHEREAS,Habitat for Humanity of the Upper Keys,Inc.,shall obtain all required approvals
16 from the Monroe County Planning & Environmental Resources Department for the project; and
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18 WHEREAS, Habitat for Humanity of the Upper Keys, Inc., shall obtain building permits for
19 the affordable housing dwelling units by August 18, 2024; if the permit for a reserved ROGO
20 allocation housing unit is not issued by that time, the allocation shall revert to the County;
21
22 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
23 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
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25 Section 1. Recitals and Legislative Intent. The foregoing findings and determinations are true
26 and correct and are hereby incorporated as if fully set forth herein.
27
28 Section 2. Construction and Interpretation. This Resolution is necessary for the health, safety,
29 and welfare of the residents of and visitors to the county. This Resolution and its
30 interpretation shall be liberally construed and enforced in favor of Monroe County to
31 effectuate its County public purpose(s). The construction and interpretation of this
32 Resolution and all Monroe County Comprehensive Plan provision(s), Florida
33 Statute(s), and Monroe County Code(s) provision(s) whose interpretation arises out
34 of, relates to, or is interpreted in connection with this Resolution shall be liberally
35 construed and enforced in favor of Monroe County and such construction and
36 interpretation shall be entitled to great weight in adversarial administrative
37 proceedings, at trial, bankruptcy, and on appeal.
38
39 Section 3. The Monroe County Planning & Environmental Resources Department
40 ("Department") shall reserve two (2) moderate income category affordable ROGO
41 allocations, for the project at lots 16 and 17 of the Holiday Homesites Subdivision,
42 Key Largo, currently having property identification numbers 00530750-000000 and
43 00530750-000100, until August 18, 2024.
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45 Section 4. The developer must obtain the building permits for the two (2) affordable housing
46 units on or before August 18, 2024.
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1 Section 5. The developer shall comply with the Monroe County Comprehensive Plan, Land
2 Development Code, Florida Building Code, floodplain management regulations, and
3 any and all other requirements of Monroe County and/or State and/or Federal oversight
4 agencies.
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6 Section 6. The Department and Monroe County Building Department and Floodplain
7 Management Office professional staff are hereby authorized to process expeditiously
8 permit related applications for the above referenced project when received.
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10 Section 7. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. If any
11 portion of this Resolution, or any part or portion thereof, is held to be invalid or
12 unenforceable by any administrative hearing officer or court of competent jurisdiction,
13 the invalidity or unenforceability of such provision,or any part or portion thereof,shall
14 neither limit nor impair the operation,enforceability,or validity of any other provision
15 of this Resolution, or any remaining part(s) or portion(s)thereof. All other provisions
16 of this Resolution, and remaining part(s) or portion(s) thereof, shall continue
17 unimpaired in full force and effect.
18
19 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
20 Florida at a regular meeting held on the 8th day of November, 2023.
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22 Mayor Holly Merrill Raschein Yes
23 Mayor Pro Tem James K. Scholl Yes
24 Commissioner Craig Cates Yes
25 Commissioner Michelle Lincoln Yes
26 Commissioner David Rice Yes
27
28 BOARD OF COUNTY COMMISSIONERS OF MONROE
29 ;3, ;'; e COUNTY, FLORIDA
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6 ,c1-44, \-e1:11 7 By:
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3E Ts: VIN MADOK, CLERK
36 `'oUra7v ,H
�� . .'a�' MOAN POE CO ATTORNEY FORM
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38 Or PETER MORRIS p-� �rl
39 AS DEPUTY LERK ASSISTANT COUNTY ATTORNEY �- „
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