Resolution 224-2023 , ' f✓YtrF
2 RESOLUTION NO.224 - 2023
3
4 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
5 COMMISSIONERS APPROVING THE RESERVATION OF TEN LOW
6 INCOME CATEGORY AFFORDABLE ROGO ALLOCATIONS FOR
7 PROPOSED AFFORDABLE HOUSING DWELLING UNITS ON
8 PROPERTIES TO BE DETERMINED WITHIN UNINCORPORATED
9 MONROE COUNTY, AS REQUESTED BY HABITAT FOR
10 HUMANITY OF THE UPPER KEYS,INC.,UNTIL DUNE 21,2027,FOR
11 BUILDING PERMIT ISSUANCE.
12
13 WHEREAS, the State of Florida and all local governments in the Florida Keys (each subject to
14 Area of Critical State Concern mandates relating to housing affordability) recognize the need for
15 affordable housing throughout the state and particularly in the Florida Keys where developable land for
16 housing is extremely limited and expensive; and
17
18 WHEREAS, the challenge of providing affordable housing opportunities in the Florida Keys is
19 one requiring sensible and responsive use of residential unit allocations, including implementation of
20 long-term preservation mechanisms; and
21
22 WHEREAS, due consideration should be given to relevant factors such as the capacity for
23 allocation recipients to promptly transform allocation awards/reservations into finished and occupied
24 affordable/workforce housing units; and
25
26 WHEREAS, Section 138-24(b)(2) of the Monroe County Land Development Code allows
27 the BOCC to authorize reservations for "the county housing authority, nonprofit community
28 development organizations,pursuant to Section 139-1(e),and other public entities established to provide
29 affordable housing by entering into a memorandum of understanding with one or more of these
30 agencies"; and
31
32 WHEREAS, Habitat for Humanity of the Upper Keys, Inc., is proposing to develop ten
33 affordable-employee housing units; and
34
35 WHEREAS, the reservation of affordable housing allocation for the anticipated units does not
36 exempt the units from applicable requirements for the Monroe County Comprehensive Plan and Code(s),
37 the Florida Building Code, floodplain management regulations, and other like requirements; and
38
39 WHEREAS, Habitat for Humanity of the Upper Keys, Inc., shall obtain all required approvals
40 from the Monroe County Planning& Environmental Resources Department for the units; and
41
I WHEREAS, Habitat for Humanity of the Upper Keys, Inc., shall obtain permits for the
2 affordable-employee housing dwelling units by June 21, 2027, but if the permit for a reserved ROGO
I allocation housing unit is not issued by that time, the allocation will revert to the County;
5 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
8 Section 1. The foregoing recitals are true and correct, and are hereby incorporated as if fully set
18 forth herein.
I I Section 2. The Monroe County Planning Department shall reserve ten(10)low income category
12 affordable ROGO allocations, for Habitat for Humanity of the Upper Keys, Inc. ("Developer"), for
13 development of affordable-employee housing dwelling units on sites to be deten-nined within unincorporated
1J Monroe County, until June 21, 2027.
16 Section 3. The developer must obtain the building permits for the ten affordable housing units
19 on or before June 21, 2027.
19 Section 4. The developer shall comply with all provisions of the Monroe County Code(s),
20 Monroe County Comprehensive Plan, Florida Building Code, and shall comply with all applicable floodplain
41 management regulations,and any other oversight agencies and their respective regulatory requirements.
23 Section 5. The Planning and Environmental Resources Department and Building Department
24 staffs are hereby authorized to expeditiously process permit related applications for the above referenced
Japroject when received.
27 Section 6. Construction and Interpretation.The construction and interpretation of this
28 resolution and all Monroe County Comprehensive Plan provision(s),Florida Building Code, Florida Statutes,
29 and Monroe County Code(s) provision(s) whose interpretation arises out of, relates to, or is interpreted in
30 connection with this resolution shall be liberally construed and enforced in favor of Monroe County to
31 effectuate its public purpose(s) and policy(ies) of the County,and shall be deferred in favor of the BCC and
32 such construction and interpretation shall be entitled to great weight in adversarial administrative proceedings,
14 at trial,bankruptcy, and on appeal.
35 Section 7. ��Jab�ili . Monroe County expressly reserves and in no way shall be deemed to
36 have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign, governmental, and any
37 other similar defense, immunity, exemption, or protection against any suit, cause-of-action, demand, or
J§ liability.
40 Section 8. aElElatffill. If any provision of this resolution,or any part or portion thereof, is
41 held to be invalid or unenforceable by any administrative hearing officer or court of competent jurisdiction,
42 the invalidity or unenforceability of such provision,or any part or portion thereof,shall neither limit nor impair
43 the operation, enforceability, or validity of any other provision of this resolution, or any remaining part(s) or
44 portion(s) thereof. All other provisions of this resolution, and remaining part(s) or portion(s) thereof, shall
igcontinue unimpaired in full force and effect.
47 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
J§ at a regular meeting held on the 2151 day of June, 2023.
50 Mayor Craig Cates Absent
51 Mayor Pro Tem Holly Merrill Raschein .-.-Yes
52 Commissioner Michelle Lincoln Yes
53 Commissioner James Scholl Yes
�i Commissioner David Rice Absent
56 BOARD OF COUNTY �,,OM I�S�, )NERS OF MONROE
57 COUNTY, FLORID�
58 BY:
59 Mayor Pro Tem
60
MONROE COUNTY ATTORNEY
Aplllll� ED
ICE N MAD )K, CLERK ipv— A��OFORM
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7 AS DEPUTY CLERK
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