Resolution 231-2021 2 RESOLUTION NO. 731 -2021
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4 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
5 COMMISSIONERS APPROVING THE RESERVATION OF TWENTY
6 (20) AFFORDABLE ROGO ALLOCATIONS (20 MODERATE-
7 INCOME CATEGORY) FOR PROPOSED EMPLOYEE HOUSING
8 DWELLING UNITS ON PROPERTY OWNED BY DICKERSON
9 GROUP INC. LOCATED AT SECTION 21, TOWNSHIP 67 SOUTH,
10 RANGE 26 EAST, BIG COPPITT KEY, CURRENTLY HAVING
II PROPERTY IDENTIFICATION NUMBERS 00120940-000000 AND
12 00120940-000301, AS REQUESTED BY SMITH/HAWKS, P,L., IN ITS
13 CAPACITY AS AUTHORIZED AGENT FOR THE PROPERTY
14 OWNER DICKERSON GROUP INC., UNTIL JULY 21, 2022, FOR
15 BUILDING PERMIT ISSUANCE.
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17 WHEREAS, the State of Florida and all local governments in the Florida Keys(each subject to
18 Area of Critical State Concern mandates relating to housing affordability) recognize the need for
19 affordable housing throughout the state and particularly in the Florida Keys where developable land for
20 housing is extremely limited and expensive: and
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22 WHEREAS, the challenge of providing affordable housing opportunities in the Florida Keys is
23 one requiring sensible and responsive use of residential unit allocations, including implementation of
24 long-term preservation mechanisms: and
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26 WHEREAS, due consideration should be given to relevant factors such as the capacity for
27 allocation recipients to promptly transform allocation awards/reservations into finished and occupied
28 affordable/workforce housing units; and
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30 WHEREAS, Section 138-24(6)(2) of the Monroe County Land Development Code allows
31 the BOCC to authorize reservations for "specific affordable or employee housing projects
32 participating in a federal/state housing financial assistance or tax credit program or receiving some form
33 of direct financial assistance from the county upon written request from the project sponsor and approved
34 by resolution of the Board of County Commissioners'; and
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36 WHEREAS,the current property owner(s) Dickerson Group Inc., by and through Smith/Hawks,
37 P.L., in its capacity as authorized agent for said current property owner(s), is proposing to develop the
38 property(ies) with twenty(20)affordable-employee housing units: and
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40 WHEREAS,the reservation of affordable housing allocations for the anticipated project does not
41 exempt the project from applicable requirements for the Monroe County Land Development Regulations,
42 the Florida Building Code, and other regulatory requirements; and
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1 WHEREAS,Dickerson Group Inc. shall obtain all required approvals from the Monroe County
2 Planning and Environmental Resources Department for the project: and
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4 WHEREAS, Dickerson Group Inc. shall obtain permits for the affordable housing dwelling
5 units by July 21. 2022: if the permit for a reserved ROGO allocation housing unit is not issued by that
6 time, the allocation shall automatically revert to the County:
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8 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
9 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
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Section 1. The foregoing recitals are true and correct, and are hereby incorporated as if
2 fully set forth herein.
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4 Section 2. The Monroe County Planning and Environmental Resources Department shall
5 reserve twenty(20)affordable ROGO allocations(20 moderate-income category), for the project at
6 Section 21. Township 67 South, Range 26 East, Big Coppitt Key. on parcels currently having property
7 identification numbers 00120940-000000 and 00120940-000301, until July 21, 2022.
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9 Section 3. The developer must obtain the building permits for the twenty(20)affordable-
20 employee housing units on or before July 21, 2022.
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22 Section 4. The developer shall comply with all Monroe County regulatory requirements,all
23 applicable Florida Building Code requirements, and with ally and all requirements of all other regulatory
24 agencies.
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26 Section 5. The Planning and Environmental Resources Department and Building
27 Department staffs are hereby authorized to expeditiously process permit-related applications for the
28 above referenced project when received.
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30 Section 6. Construction and Interpretation. This resolution and its interpretation shall be
31 liberally construed and enforced in favor of Monroe County to effectuate its public purpose(s)and
32 policy(ies)of the County. The construction and interpretation of this resolution and all Monroe County
33 Comprehensive Plan provision(s), Florida Building Code, Florida Statutes, and Monroe County Code(s)
34 provision(s)whose interpretation arises out of, relates to, or is interpreted in connection with this
35 resolution shall be liberally construed and enforced in favor of Monroe County to effectuate its public
36 purpose(s)and policy(ies)of the County. and shall be construed in favor of the Monroe County Board of
37 County Commissioners and such construction and interpretation shall be entitled to great weight in
38 adversarial administrative proceedings, at trial, bankruptcy. and on appeal.
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40 __ _ Section 7.No Liability. Monroe County expressly reserves and in no way shall be deemed to
41 have waived,for itself or for its officer(s), employee(s), or agent(s), any sovereign, governmental, and
42 any other similar defense, immunity,exemption, or protection against any suit, cause-of-action, demand,
43 or liability.
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45 Section 8. Severability. If any provision of this resolution, or any part or portion thereof is
46 held to be invalid or unenforceable by any administrative hearing officer or court of competent
47 jurisdiction,the invalidity or unentbrceability of such provision. or any part or portion thereof shall
48 neither limit nor impair the operation, enforceability, or validity of any other provision of this resolution,
1 or any remaining part(s) or portion(s)thereof. All other provisions of this resolution,and remaining
2 part(s)or portion(s)thereof, shall continue unimpaired in full force and effect.
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4 PASSED AND ADOPTED be the Board of County Commissioners of Monroe County. Florida
5 at a regular meeting held on the 21' day of July. 2021.
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7 Mayor Michelle Coldiron Yes
8 Mayor Pro Tern David Rice Yes
9 Commissioner Craig Cates Yes
0 Commissioner Eddie Martinez Yes
Commissioner Mike Forster Yes
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3 BOARD OF COUNTY COMMISSIONERS OF MONROE
4 COUNTY. FLORIDA
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61 .a l� BY: U� ;��/;/I
7} y ) •( Mayor 0 rch-Ile o iron
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9 (SEAL), 1/ MONROE CO ATTORNEY
20 -' APP TO FORM
21 ATV KEVI ADOK. C/O'RK ' --
23 AS DEPUTY C ERK PETER MORRIS
ASSISTANT COUNTY ATTORNEY
Date: 6/30/21
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