Resolution 644-2023 , ' f✓YtrF
2 RESOLUTION NO. 644 -2023
3
4 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
5 COMMISSIONERS APPROVING THE RESERVATION OF TEN
6 MODERATE INCOME CATEGORY AFFORDABLE ROGO
7 ALLOCATIONS FOR PROPOSED AFFORDABLE HOUSING
8 DWELLING UNITS ON PROPERTY LOCATED AT 103925, 103935,
9 103945, 103955, 103965 OVERSEAS HIGHWAY, KEY LARGO,
10 MONROE COUNTY, FLORIDA ON LOTS 9-13, BLOCK 7, LARGO
11 SOUND VILLAGE, KEY LARGO, APPROXIMATE MILE MARKER
12 104, CURRENTLY HAVING PROPERTY IDENTIFICATION
13 NUMBERS 00475240-000000, 00475250-000000, 00475260-000000,
14 00475270-000000, AND 00475280-000000, AS REQUESTED BY ABIT
15 HOLDINGS, LLC., AS PROPERTY OWNER, UNTIL DECEMBER 13,
16 2024, FOR BUILDING PERMIT ISSUANCE.
17
18 WHEREAS,the State of Florida and all local governments in the Florida Keys (each subject
19 to Area of Critical State Concern mandates relating to housing affordability) recognize the need for
20 affordable housing throughout the state and particularly in the Florida Keys where developable land
21 for housing is extremely limited and expensive; and
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23 WHEREAS,the challenge of providing affordable housing opportunities in the Florida Keys
24 is one requiring sensible and responsive use of residential unit allocations, including implementation
25 of long-term preservation mechanisms; and
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27 WHEREAS, due consideration should be given to relevant factors such as the capacity for
28 allocation recipients to promptly transform allocation awards/reservations into finished and occupied
29 affordable/workforce housing units; and
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31 WHEREAS, LDC Section 138-24(b)(2) allows the BOCC to authorize reservations for
32 "specific affordable or employee housing projects participating in a federal/state housing financial
33 assistance or tax credit program or receiving some form of direct financial assistance from the county
34 upon written request from the project sponsor and approved by resolution of the Board of County
35 Commissioners"; and
36
37 WHEREAS, on December 13, 2023, the Monroe County BOCC approved transmittal to the
38 State Land Planning Agency of a proposed amendment to the Future Land Use Map (FLUM)
39 designation of the subject property from Residential Medium to Mixed Use/Commercial; and
40
41 WHEREAS, Abit Holdings, LLC., is proposing to develop the property with ten (10)
42 affordable housing units; and
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I WHEREAS, the property owner has also requested a corresponding Land Use District
2 (Zoning) map amendment for the subject property from Improved Subdivision to Suburban
3 Commercial; and
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5 WHEREAS,the reservation of affordable housing allocations for the anticipated project does
6 not exempt the project from applicable requirements for the Monroe County Comprehensive Plan,
7 Land Development Code, Florida, Building Code, and/or other regulatory requirements; and
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9 WHEREAS, Abit Holdings, LLC, shall obtain all required approvals from the Monroe
10 County Planning & Environmental Resources Department for the project; and
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12 WHEREAS, Abit Holdings, LLC, shall obtain building permits for the affordable housing
13 dwelling units by December 13, 2024; if the permit for a reserved ROGO allocation housing unit is
14 not issued by that time, the allocation shall revert to the County;
15
16 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
17 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
18
19 Section 1. Recitals and Legislative Intent. The foregoing findings and determinations are true
20 and correct and are hereby incorporated as if fully set forth herein.
21
22 Section 2. Construction and Interpretation. This Resolution is necessary for the health, safety,
23 and welfare of the residents of and visitors to the county. This Resolution and its
24 interpretation shall be liberally construed and enforced in favor of Monroe County to
25 effectuate its County public purpose(s). The construction and interpretation of this
26 Resolution and all Monroe County Comprehensive Plan provision(s), Florida
27 Statute(s), and Monroe County Code(s) provision(s) whose interpretation arises out
28 of, relates to, or is interpreted in connection with this Resolution shall be liberally
29 construed and enforced in favor of Monroe County and such construction and
30 interpretation shall be entitled to great weight in adversarial administrative
31 proceedings, at trial, bankruptcy, and on appeal.
32
33 Section 3. The Monroe County Planning & Environmental Resources Department
34 ("Department") shall reserve ten (10) moderate income category affordable ROGO
35 allocations, for the project on Lots 9-13, Block 7, Largo Sound Village, Key Largo,
36 currently having property identification numbers 00475240-000000, 00475250-
37 000000, 00475260-000000, 00475270-000000, and 00475280-000000, until
38 December 13, 2024.
39
40 Section 4. The developer must obtain the building permits for the ten (10) affordable housing
41 units on or before December 13, 2024.
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43 Section 5. The developer shall comply with the Monroe County Comprehensive Plan, Land
44 Development Code, Florida Building Code, floodplain management regulations, and
45 any and all other requirements of Monroe County and/or State and/or Federal oversight
46 agencies.
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I Section 6. The Department and Monroe County Building Department and Floodplain
2 Management Office professional staff are hereby authorized to process expeditiously
3 permit related applications for the above referenced projectt when received.
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5 Section 7. Inconsistency, Partial Invalidity, Severabilitv. and Survival of Provisions. If any
6 portion of this Resolution, or any part or portion thereof, is held to be invalid or
7 unenforceable by any administrative hearing officer or court of coinpeternjurisdiction,
8 the invalidity or unenforceability of such provision,or any part or portion thereof, shall
9 neither limit nor impair the operation,enforceability,or validity of any other provision
10 of this Resolution, or any remaining part(s) or portion(s)thereof All other provisions
I I of this Resolution, and remaining part(s) or portion(s) thereof, shall continue
12 unimpaired in full force and effect.
13
14 PASSED AND ADoP'rED by the Board of County Commissioners of Monroe County,
15 Florida at a regular meeting held on the 13"' day of December, 2023.
16
17 Mayor Holly Merrill Raschein Yes
18 Mayor Pro Tern James K. Scholl Yes
19 Commissioner Craig Cates .-Yes.............
20 Commissioner Michelle Lincoln —yea--------
21 Commissioner David Rice Yes
22
23 BOARD OF COUNTY COMMISSIONERS OF MONROE
24, "P, COUNTY, FLORIDA
2
By:
Mayor Holly Merrill Raschein
2
9
0 EST"K VIN MADOK, CLERK
MONROE COUNTY ATTORNEY
31 Af�i VE10 I Of-OAM
e
-A-
32
33
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34 AS DEPUTY CLERK
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