Resolution 084-2023 F
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2 RESOLUTION NO. 084 -2023
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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;
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13 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
14 COMMISSIONERS OF MONROE COUNTY,FLORIDA:
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16 Section 1. The foregoing recitals are true and correct, and are hereby incorporated as if fully set
17 forth herein.
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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.
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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.
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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.
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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.
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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.
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1 Section 7. The developer must obtain the building permits for the thirteen (13) affordable
2 housing on or before February 15,2024.
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4 Section 8. The developer shall comply with all Monroe County requirements, all applicable
5 Building Code requirements,and any other oversight agencies.
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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.
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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.
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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
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25 . j44,r..y) ; :1. ,,�d MONROE CO ATTORNEY
26 A FR =I EVIN MADOK, CLERK AP,P TO FORM
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29 V AMOOr PETER MORRIS
30 v AS DEP TY CLERK ASSISTANT COUNTY ATTORNEY
Date: 1/31/23
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