Resolution 223-2023 ,�' f✓Y�trF
2 RESOLUTION NO.223-2023
3
4 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
5 COMMISSIONERS APPROVING THE EXTENSION OF THE
6 RESERVATION OF TWENTY (20) AFFORDABLE ROGO
7 ALLOCATIONS (20 MODERATE) FOR PROPOSED AFFORDABLE-
8 EMPLOYEE HOUSING DWELLING UNITS ON PROPERTY OWNED
9 BY DICKERSON GROUP, INC., LOCATED AT SECTION 21,
10 TOWNSHIP 67 SOUTH, RANGE 26 EAST, BIG COPPITT KEY,
11 CURRENTLY HAVING PROPERTY IDENTIFICATION NUMBERS
12 00120940-000000 AND 00120940-000301, AS REQUESTED BY
13 SMITH/HAWKS P.L., IN ITS CAPACITY AS AUTHORIZED AGENT
14 FOR THE PROPERTY OWNER, DICKERSON GROUP INC., UNTIL
15 JULY 21, 2024 FOR BUILDING PERMIT ISSUANCE.
16
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
21
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
25
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
29
30 WHEREAS, Section 138-24(b)(2) of the Monroe County Land Development Code allows
31 the BOCC to authorize reservations for "specific affordable or employee housing projects participating
32 in a federal/state housing financial assistance or tax credit program or receiving some form of direct
33 financial assistance from the county upon written request from the project sponsor and approved by
34 resolution of the Board of County Commissioners," and
35
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 properties with twenty (20) affordable employee housing units; and
39
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 Building Code and other regulatory requirements; and
43
1
I WHEREAS, Dickerson Group Inc. shall obtain all required approvals from the Monroe County
2 Planning& Environmental Resources Department for the project; and
3
4 WHEREAS,Dickerson Group Inc. shall obtain permits for the affordable housing dwelling units
5 by July 21,2024;if the permit for a reserved ROGO allocation housing unit is not issued by that time,the
6 allocation will revert to the County;
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. The Monroe County Planning Department shall reserve twenty(20)affordable ROGO
15 allocations(20 moderate income),for the pro]ect at Section 21,Township 67 South,Range 26 East,Big Coppitt
16 Key, currently having property identification numbers 00120940-000000 and 00120940-000301,until July 21,
17 2024.
18
19 Section 3. The developer must obtain the building permits for the twenty (20)
20 affordable/employee housing units on or before July 21, 2024.
21
22 Section 4. The developer shall comply with all Monroe County requirements, all applicable
23 Building Code requirements, and any other oversight agencies and their respective regulatory requirements.
24
25 Section 5. The Planning and Environmental Resources Department and Building Department
26 staffs are hereby authorized to expeditiously process permit related applications for the above referenced
27 project when received.
28
29 Section 6. Construction and Interpretation.The construction and interpretation of this
30 resolution and all Monroe County Comprehensive Plan provision(s),Florida Building Code, Florida Statutes,
31 and Monroe County Code(s) provision(s) whose interpretation arises out of, relates to, or is interpreted in
32 connection with this resolution shall be liberally construed and enforced in favor of Monroe County to
33 effectuate its public purpose(s) and policy(ies) of the County, and shall be deferred in favor of the BOCC and
34 such construction and interpretation shall be entitled to great weight in adversarial administrative proceedings,
35 at trial,bankruptcy, and on appeal.
36
37 Section 7. No Liability. Monroe County expressly reserves and in no way shall be deemed to
38 have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign, governmental, and any
39 other similar defense, immunity, exemption, or protection against any suit, cause-of-action, demand, or
40 liability.
41
42 Section 8. Severability.If any provision of this resolution, or any part or portion thereof,is
43 held to be invalid or unenforceable by any administrative hearing officer or court of competent jurisdiction,
44 the invalidity or unenforceability of such provision,or any part or portion thereof,shall neither limit nor impair
45 the operation, enforceability, or validity of any other provision of this resolution, or any remaining part(s) or
46 portion(s) thereof. All other provisions of this resolution, and remaining part(s) or portion(s) thereof, shall
47 continue unimpaired in full force and effect.
48
49 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
50 at a regular meeting held on the 21"day of June, 2023.
I Mayor Craig Cates Absent
2 Mayor Pro Tern Holly Merrill Raschein Yes
3 Commissioner Michelle Lincoln Yes
4 Commissioner James Scholl Yes
5 Commissioner David Rice Absent
6
BOARD OF COUNTY
COMMISSIONERS OF MONROE
18 23 COUNTY, FLORIDA
By:
Mayor Pro Tem
EVIN MADOK, CLERK MONROE COUNTY ATTORNEY
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5 Date: —L-----ZXd23-
16 AS DEPUTY CLERK
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