Resolution 263-2021 F
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2 RESOLUTION NO. _263_-2021
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4 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
5 COMMISSIONERS APPROVING THE RESERVATION OF TWO
6 MODERATE INCOME CATEGORY AFFORDABLE ROGO
7 ALLOCATIONS FOR PROPOSED AFFORDABLE HOUSING
8 DWELLING UNITS ON PROPERTY LOCATED AT 110 POINSETTIA
9 DRIVE, LOTS 16 AND 17, BLOCK 6, HOLIDAY HOMESITES, KEY
10 LARGO APPROXIMATE MILE MARKER 100, HAVING PROPERTY
11 IDENTIFICATION NUMBER 00530750-000000, AS REQUESTED BY
12 THE PROPERTY OWNER HABITAT FOR HUMANITY OF THE
13 UPPER KEYS, INC., UNTIL AUGUST 18, 2023 FOR BUILDING
14 PERMIT ISSUANCE.
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16 WHEREAS,the State of Florida and all local governments in the Florida Keys (each
17 subject to Area of Critical State Concern mandates relating to housing affordability)recognize the
18 need for affordable housing throughout the state and particularly in the Florida Keys where
19 developable land 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 BOCC to authorize reservations for "the county housing authority, nonprofit community
31 development organizations, pursuant to Section 139-1(e), and other public entities established to
32 provide affordable housing by entering in to a memorandum of understanding with one or more of
33 these agencies;" and
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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
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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,the reservation of affordable housing allocation for the anticipated project does
9 not exempt the project from applicable requirements for the Monroe County Land Development
10 Regulations, Building Code and other regulatory requirements; and
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12 WHEREAS,Habitat for Humanity of the Upper Keys,Inc.,shall obtain all required approvals
13 from the Monroe County Planning & Environmental Resources Department for the project; and
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15 WHEREAS, Habitat for Humanity of the Upper Keys, Inc., shall obtain permits for the
16 affordable housing dwelling units by August 18, 2023; if the permit for a reserved ROGO allocation
17 housing unit is not issued by that time, the allocation will revert to the County;
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19 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
20 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
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22 Section 1. The foregoing recitals are true and correct, and are hereby incorporated as if
23 fully set forth herein.
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25 Section 2. The Monroe County Planning Department shall reserve two (2) moderate
26 income category affordable ROGO allocations,for the project at 110 Poinsettia Dr,Key Largo,having
27 property identification number 00530750-000000 until August 18, 2023.
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29 Section 3. The developer must obtain the building permits for the two affordable housing
30 units on or before August 18, 2023.
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32 Section 4. The developer shall comply with all Monroe County requirements, all
33 applicable Building Code requirements, and any other oversight agencies.
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35 Section 5. The Planning and Building Department Staff is hereby authorized to process
36 expeditiously permit related applications for the above referenced project when received.
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38 Section 6. Construction and Interpretation. This resolution and its interpretation shall
39 be liberally construed and enforced in favor of Monroe County to effectuate its public purpose(s) and
40 policy(ies) of the County. The construction and interpretation of this resolution and all Monroe
41 County Comprehensive Plan provision(s), Florida Building Code, Florida Statutes, and Monroe
42 County Code(s) provision(s) whose interpretation arises out of, relates to, or is interpreted in
43 connection with this resolution shall be liberally construed and enforced in favor of Monroe County
44 to effectuate its public purpose(s) and policy(ies) of the County, and shall be deferred in favor of the
45 BOCC and such construction and interpretation shall be entitled to great weight in adversarial
46 administrative proceedings, at trial, bankruptcy, and on appeal.
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48 Section 7. No Liability. Monroe County expressly reserves and in no way shall be
49 deemed to have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign,
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I governmental, and any other similar defense, immunity, exemption, or protection against any suit,
2 cause-of-action, demand, or liability.
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4 Section 8. Severability. If any provision of this resolution, or any part or portion
5 thereof, is held to be invalid or unenforceable by any administrative hearing officer or court of
6 competent jurisdiction, the invalidity or unenforceability of such provision, or any part or portion
7 thereof, shall neither limit nor impair the operation, enforceability, or validity of any other provision
8 of this resolution,or any remaining part(s)or portion(s)thereof.All other provisions of this resolution,
9 and remaining part(s) or portion(s)thereof, shall continue unimpaired in full force and effect.
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11 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
12 Florida at a regular meeting held on the 18th day of August, 2021.
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14 Mayor Michelle Coldiron Yes
15 Mayor Pro Tern David Rice Yes
16 Commissioner Craig Cates Yes
17 .1.ey .,,� Commissioner Eddie Martinez Yes
Commissioner Mike Forster Absent
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20 BOARD OF COUNTY C,QI SIGN S-- 3F MONROE
21 - = COUNTY, FLORIDALtage
23 Mayor Michelle Coldiron
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25 (SEAL) MONROE CO ATTORNEY
26 ATTEST: KEVIN MADOK, CLERK APP TO FORM
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28 J2 1rERMoRs
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DEPUT CL �'lRK ASSISTANT COUNTY ATTORNEY
Date: 8/3/21
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