Resolution 286-20231
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RESOLUTION NO. 286 -2023
A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS APPROVING THE RESERVATION OF ONE
AFFORDABLE HOUSING ROGO ALLOCATION CONSISTING OF ONE
MODERATE -INCOME CATEGORY ROGO ALLOCATION FOR
PROPOSED AFFORDABLE HOUSING DWELLING UNITS ON CUDJOE
KEY ON PROPERTY LEGALLY DESCRIBED AS PART OF LOTS 1 AND 2,
BLOCK 3, BAY POINT AMENDED PLAT, SADDLEBUNCH KEYS,
MONROE COUNTY, FLORIDA, CURRENTLY HAVING PROPERTY
IDENTIFICATION NUMBER 00160140-000000, UNTIL MARCH 20, 2024,
FOR BUILDING PERMIT ISSUANCE.
WHEREAS, the State of Florida and all local governments in the Florida Keys (each subject to Area
of Critical State Concern mandates relating to housing affordability) recognize the need for affordable housing
throughout the state and particularly in the Florida Keys where developable land for housing is extremely
limited and expensive; and
WHEREAS, the challenge of providing affordable housing opportunities in the Florida Keys is one
requiring sensible and responsive use of residential unit allocations, including implementation of long-term
preservation mechanisms; and
WHEREAS, due consideration should be given to relevant factors such as the capacity for allocation
recipients to promptly transform allocation awards/reservations into finished and occupied
affordable/workforce housing units; and
WHEREAS, in accordance with Section 138-24(b)(6) of the Monroe County Land Development
Code ("LDC") the Monroe County Board of County Commissioners (`BOCC" or "Monroe County") may
authorize affordable housing ROGO allocation reservations for "rental employee housing projects
situated on the same parcel of land as the nonresidential workplace for the tenants of these projects, upon
written request from the property owner and approved by resolution of the BOCC," and
WHEREAS, J Jade Development Inc., applied for an amendment to existing minor conditional use
permit in order change the use on the property from restaurant to outdoor storage (light industrial), office and
employee housing to comply with inclusionary housing requirements; and
WHEREAS, the Development Review Committee approved amendments to existing minor
conditional use permit Development Orders 02-23 and 08-23; and
WHEREAS, LDC Code Sec. 138-24(b)(6) allows reservation of affordable ROGO allocations by the
Board for specific housing programs, which includes rental employee housing projects situated on the same
parcel of land as the nonresidential workplace for the tenants of these projects, upon written request from the
property owner and approved by resolution of the BOCC; 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, J Jade Development Inc. shall obtain all required approvals from the Monroe County
7 Planning and Environmental Resources Department for the project; and
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9 WHEREAS, J Jade Development Inc. shall obtain permit for the affordable housing dwelling unit by
10 September 20, 2024; if the permits are not issued, the allocations shall automatically revert to the BOCC
11 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 one affordable housing allocation
49 consisting of one moderate income category allocations, for the Monroe County project on Part of Lots(s) 1
50 and 2, Block 3, Bay Point Amended Plat, Saddlebunch Keys until March 20, 2024.
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Section 7. The developer must obtain the building permit for the one affordable housing on or
before March 20, 2024.
Section 8. The developer shall comply with all Monroe County requirements, all applicabli
Building Code requirements, and any other oversight agencies.
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above referenced project when received.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
duly noticed regularly scheduled public meeting held on the 20 day of September, 2023.
AS DEPUTY CLERK
Mayor Craig Cates - Yes
Mayor Pro Tern Holly Merrill Raschein Yes
Commissioner Michelle Lincoln Yes
Commissioner James K. Scholl Yes
Commissioner David Rice Yes
BOARD OF COUNTY 4COMIONERR,,S" OF ONROECOUNTY,
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FLORIDA
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