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Resolution 084-2023 F 11 1 rw w„yd ri 2 RESOLUTION NO. 084 -2023 3 4 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY 5 COMMISSIONERS APPROVING THE RESERVATION OF THIRTEEN (13) 6 AFFORDABLE HOUSING ROGO ALLOCATIONS CONSISTING OF 7 FOUR (4) LOW-INCOME, FOUR (4) MEDIAN-INCOME, AND FIVE (5) 8 MODERATE-INCOME CATEGORY ROGO ALLOCATIONS FOR 9 PROPOSED AFFORDABLE HOUSING DWELLING UNITS ON CUDJOE 10 KEY ON PROPERTY LEGALLY DESCRIBED AS LOT 30, SACARMA, A 11 SUBDIVISION OF GOVERNMENT LOTS 3 AND 4 IN SECTION 29, 12 TOWNSHIP 66 SOUTH, RANGE 28 EAST, CUDJOE KEY, MONROE 13 COUNTY, FLORIDA, CURRENTLY HAVING PROPERTY 14 IDENTIFICATION NUMBER 00174960-000000,UNTIL FEBRUARY 15,2024, 15 FOR BUILDING PERMIT ISSUANCE. 16 17 WHEREAS,the State of Florida and all local governments in the Florida Keys (each subject to Area 18 of Critical State Concern mandates relating to housing affordability)recognize the need for affordable housing 19 throughout the state and particularly in the Florida Keys where developable land for housing is extremely 20 limited and expensive; and 21 22 WHEREAS, the challenge of providing affordable housing opportunities in the Florida Keys is one 23 requiring sensible and responsive use of residential unit allocations, including implementation of long-term 24 preservation mechanisms; and 25 26 WHEREAS,due consideration should be given to relevant factors such as the capacity for allocation 27 recipients to promptly transform allocation awards/reservations into finished and occupied 28 affordable/workforce housing units; and 29 30 WHEREAS, in accordance with Section 138-24(b)(2) of the Monroe County Land Development 31 Code ("LDC") the Monroe County Board of County Commissioners (`BOCC"or"Monroe County") may 32 authorize affordable housing ROGO allocation reservations for "specific affordable or employee 33 housing proj ects participating in a federal/state housing financial assistance or tax credit program or receiving 34 some form of direct financial assistance from the county upon written request from the project sponsor and 35 approved by resolution of the board of county commissioners," and 36 37 WHEREAS, Mobile Homes Holdings Coco, LLC, is proposing to develop the property with an 38 additional thirteen (13) affordable housing units and is applying for Federal assistance Federal Emergency 39 Management Agency ("FEMA")under the Flood Mitigation Grant program for the site; and 40 41 WHEREAS, LDC Code Sec. 138-24(b) allows reservation of affordable ROGO allocations by the 42 Board for specific housing programs,which includes projects participating in a federal/state housing financial 43 assistance; and 44 1 of 3 I WHEREAS, the reservation of affordable housing allocations for the anticipated project, does not 2 exempt the project from applicable requirements for the Monroe County Codes, Monroe County 3 Comprehensive Plan,Building Code(s), floodplain management regulations, and other federal, state, and local 4 requirements; and 5 6 WHEREAS, Mobile Homes Holdings Coco, LLC, shall obtain all required approvals from the 7 Monroe County Planning and Environmental Resources Department for the project; and 8 9 WHEREAS, Mobile Homes Holdings Coco, LLC, shall obtain permits for the affordable housing 10 dwelling units by February 15, 2024; if the permits are not issued, the allocations shall automatically 11 revert to the BOCC by operation of law; 12 13 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 14 COMMISSIONERS OF MONROE COUNTY,FLORIDA: 15 16 Section 1. The foregoing recitals are true and correct, and are hereby incorporated as if fully set 17 forth herein. 18 19 Section 2. Construction and Interpretation.This Resolution is necessary for the health,safety, 20 and welfare of the residents of and visitors to the county.This Resolution and its interpretation shall be liberally 21 construed and enforced in favor of Monroe County to effectuate its County public purpose(s).The construction 22 and interpretation of this Resolution and all Monroe County Comprehensive Plan provision(s), Florida 23 Building Code, Florida Statute, and Monroe County Code(s) provision(s) whose interpretation arises out of, 24 relates to,or is interpreted in connection with this Resolution shall be liberally construed and enforced in favor 25 of Monroe County and such construction and interpretation shall be entitled to great weight in adversarial 26 administrative proceedings, at trial, bankruptcy, and on appeal. To the extent of any conflict within one or 27 more part(s),portion(s),or section(s)within this Resolution and to the extent of any conflict within any part(s), 28 portion(s), or section(s) of this Resolution vis-a-vis any prior representation or agreement of any kind, 29 approval, development order, development permit, letter of understanding, or letter of development rights 30 determination,the more restrictive is deemed to be controlling. 31 32 Section 3. No Liability. Monroe County expressly reserves and in no way shall be deemed to 33 have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign, governmental, and any 34 other similar defense, immunity, exemption, or protection against any suit, cause-of-action, demand, or 35 liability. 36 37 Section 4. Non-Reliance by Third-Parties.No person or entity shall be entitled to rely upon the 38 terms, or any of them, of this Resolution to enforce or attempt to enforce any third-party claim(s) or 39 entitlement(s) to or benefit(s) of any term(s) contemplated hereunder. 40 41 Section 5. Severability.If any provision of this Resolution,or any part or portion thereof,is held 42 to be invalid or unenforceable by any administrative hearing officer or court of competent jurisdiction, the 43 invalidity or unenforce ability of such provision, or any part or portion thereof, shall neither limit nor impair 44 the operation, enforceability, or validity of any other provision of this Resolution, or any remaining part(s) or 45 portion(s) thereof. All other provisions of this Resolution, and remaining part(s) or portion(s) thereof, shall 46 continue unimpaired in full force and effect. 47 48 Section 6. The Monroe County Planning Department shall reserve thirteen (13) affordable housing 49 allocations consisting of 4 low income, 4 median income and 5 moderate income category allocations,for the 50 Monroe County project on Lot 30, Sacarma, a Subdivision of Government Lots 3 and 4 in Section 29, 51 Township 66 South, Range 28 East, Cudjoe Key until February 15, 2024. 2of3 1 Section 7. The developer must obtain the building permits for the thirteen (13) affordable 2 housing on or before February 15,2024. 3 4 Section 8. The developer shall comply with all Monroe County requirements, all applicable 5 Building Code requirements,and any other oversight agencies. 6 7 Section 9. The professional staff of the Monroe County Planning and Environmental Resources 8 and Building Departments are hereby authorized to process expeditiously permit related applications for the 9 above referenced project when received. 10 11 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,Florida,at a 12 duly noticed regularly scheduled public meeting held on the 15th day of February,2023. 13 14 Mayor Craig Cates Yes 15 Mayor Pro Tem Holly Merrill Raschein Yes 16 Commissioner Michelle Lincoln Yes 17 mfmp,yny Commissioner James K. Scholl Yes :•,far �YZA-15 ,, Commissioner David Rice Yes 19 r t '_e ``1;' BOARD OF COUNTY " SSIONE °!i F ► " NROE COUNTY,20prja g�t �. i LI ��+ 'I P..n 21') �� h�4y ''� s ' ,�,a't� -,';) �, ,1 FLORIDA ,. �,�4+v s�, � kz,c 22'""7 ,o ja , , By. .,/- .,,. r 23 �" \ ` Ma or Crai Cates 24�`\ �<fi � C� �L���p.�t Y g ,(SEAL) , a 25 . j44,r..y) ; :1. ,,�d MONROE CO ATTORNEY 26 A FR =I EVIN MADOK, CLERK AP,P TO FORM 27 28 °� 29 V AMOOr PETER MORRIS 30 v AS DEP TY CLERK ASSISTANT COUNTY ATTORNEY Date: 1/31/23 • Ca .: .1 Fri r-N- ter. 3 of