Resolution 124-2024 F
1 rw w„yd ri
2 RESOLUTION NO.124 -2024
3
4 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
5 COMMISSIONERS APPROVING THE RESERVATION EXTENSION OF
6 ONE (1)AFFORDABLE HOUSING ROGO ALLOCATION CONSISTING
7 OF ONE(1)MODERATE-INCOME CATEGORY ROGO ALLOCATION FOR
8 PROPOSED AFFORDABLE HOUSING DWELLING UNIT(S) ON CUDJOE
9 KEY ON PROPERTY LEGALLY DESCRIBED AS PART OF LOTS 1 AND 2,
10 BLOCK 3, BAY POINT AMENDED PLAT, SADDLEBUNCH KEYS,
11 MONROE COUNTY, FLORIDA, CURRENTLY HAVING PROPERTY
12 IDENTIFICATION NUMBER 00160140-000000, UNTIL SEPTEMBER 20,
13 2024,FOR BUILDING PERMIT ISSUANCE.
14
15 WHEREAS, the challenge of providing affordable housing opportunities in the Florida Keys is one
16 requiring sensible and responsive use of residential unit allocations ("ROGOs"),including implementation of
17 long-term preservation and environmental conservation mechanisms; and
18
19 WHEREAS, due consideration should be given to relevant factors such as the environmental
20 resources of the unincorporated Florida Keys and the capacity for allocation recipients to promptly transform
21 allocation awards/reservations into finished and occupied affordable/workforce housing units; and
22
23 WHEREAS, in accordance with Monroe County Land Development Code ("LDC") Section 138-
24 24(b)(6), the Monroe County Board of County Commissioners (`BOCC", "Board", "Monroe County" or
25 the "County") may authorize affordable housing ROGO allocation reservations for "rental employee
26 housingprojects situated on the sameparcel of land as the nonresidential workplace for the tenants of these
27 projects, upon written request fi^om the property owner and approved by resolution of the BOCC'; and
28
29 WHEREAS, J Jade Development Inc. ("Developer") applied for an amendment to existing minor
30 conditional use permit in order change the use on the property from restaurant to light industrial, office and
31 employee housing to comply with inclusionary housing requirements; and
32
33 WHEREAS,the Development Review Committee ("DRC") approved amendments to existing minor
34 conditional use permit Development Orders 02-23 and No. 08-23; and
35
36 WHEREAS,LDC Code Section 138-24(b)(6) allows reservation of affordable ROGO allocations by
37 the Board for specific housing programs,which includes rental employee housing proj ects situated on the same
38 parcel of land as the nonresidential workplace for the tenants of these projects,upon written request from the
39 property owner and approved by resolution of the BOCC; and
40
41 WHEREAS, the reservation of affordable housing allocations for the anticipated project, does not
42 exempt the project from applicable requirements for the Monroe County Codes, Monroe County
43 Comprehensive Plan,Building Code(s), floodplain management regulations, and other federal, state, and local
44 requirements; and
45
1 of 3
I WHEREAS, J Jade Development Inc. shall obtain all required approvals from the Monroe County
2 Planning and Environmental Resources Department("Department") for the project; and
3
4 WHEREAS, J Jade Development Inc. shall obtain permit for the affordable housing dwelling unit
5 by September 20,2024; if the permits are not issued, the allocations shall automatically revert to the BOCC
6 by operation of law;
7
8 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
9 COMMISSIONERS OF MONROE COUNTY,FLORIDA:
10
11 Section 1. The foregoing recitals are true and correct, and are hereby incorporated as if fully set
12 forth herein.
13
14 Section 2. Construction and Interpretation. The construction and interpretation of this
15 Resolution and all Monroe County Comprehensive Plan provision(s), Florida Building Code, Florida Statute,
16 and Monroe County Code(s) provision(s) whose interpretation arises out of, relates to, or is interpreted in
17 connection with this Resolution shall be liberally construed and enforced in favor of Monroe County and such
18 construction and interpretation shall be entitled to great weight in adversarial administrative proceedings, at
19 trial,bankruptcy, and on appeal.
20
21 Section 3. Conflicts . To the extent of any conflict within one or more part(s), portion(s), or
22 section(s) within this Resolution and to the extent of any conflict within any part(s), portion(s), or section(s)
23 of this Resolution vis-a-vis any prior representation or agreement of any kind, approval, development order,
24 development permit,letter of understanding,or letter of development rights determination,the more restrictive
25 is deemed to be controlling.
26
27 Section 4. No Liability. Monroe County expressly reserves and in no way shall be deemed to
28 have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign, governmental, and any
29 other similar defense, immunity, exemption, or protection against any suit, cause-of-action, demand, or
30 liability.
31
32 Section 5. Non-Reliance by Third-Parties.No person or entity shall be entitled to rely upon the
33 terms, or any of them, of this Resolution to enforce or attempt to enforce any third-party claim(s) or
34 entitlement(s) to or benefit(s) of any term(s) contemplated hereunder.
35
36 Section 6. Severability.If any provision of this Resolution,or any part or portion thereof,is held
37 to be invalid or unenforceable by any administrative hearing officer or court of competent jurisdiction, the
38 invalidity or unenforce ability of such provision, or any part or portion thereof, shall neither limit nor impair
39 the operation, enforceability, or validity of any other provision of this Resolution, or any remaining part(s) or
40 portion(s) thereof. All other provisions of this Resolution, and remaining part(s) or portion(s) thereof, shall
41 continue unimpaired in full force and effect.
42
43 Section 7. The Department shall reserve one affordable housing allocation consisting of one moderate
44 income category allocations, for the Monroe County project on Part of Lots(s) 1 and 2, Block 3, Bay Point
45 Amended Plat, Saddlebunch Keys until September 20, 2024.
46
47 Section 8. The Developer must obtain the building permit for the one (1) affordable housing on
48 or before September 20, 2024.
49
2of3
1 Section 9. The developer shall comply with all Monroe County requirements, all applicable
2 Building Code requirements, and with the laws, administrative rules, and regulations of any and all other
3 oversight agencies.
4
5 Section 10. The professional staff of the Monroe County Planning and Environmental Resources
6 and Building Departments are hereby authorized to process expeditiously permit related applications for the
7 above referenced project when received.
8
9 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,at a
10 duly noticed regularly scheduled public meeting held on the 20th day of March,2024.
11
12 Mayor Holly Merrill Raschein Yes
13 Mayor Pro Tem James K. Scholl Yes
14 Commissioner Craig Rice Yes
15 Commissioner Michelle Lincoln Yes
16 Commissioner David Rice Yes
17
18 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
19 FLORIDA
B
71
A�a T'.
Mayor Holly Merrill R..
asc he in
I SA ) A\
E- MONROE COU NTY ATTORNEY
t24v` c 0,J0RM
pKEVIN MADOK, CLERK
Date:.
29 A DEPU CLE
117>
i ]
{" S
4.4
3of3