Resolution 639-2023 m
2 RESOLUTION NO. 639 -2023
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5 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
6 COMMISSIONERS APPROVING THE RESERVATION OF THREE(3)
7 MODERATE-INCOME AFFORDABLE HOUSING ROGO
8 ALLOCATIONS FOR PROPOSED AFFORDABLE HOUSING
9 DWELLING UNITS AT THE BRINTON ENVIRONMENTAL CENTER,
10 LOCATED AT 23800 OVERSEAS HIGHWAY, SUMMERLAND KEY,
11 MONROE COUNTY, FLORIDA, CURRENTLY HAVING PROPERTY
12 IDENTIFICATION NUMBER 00114850-000000, UNTIL DECEMBER
13 13, 2024, FOR BUILDING PERMIT ISSUANCE.
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15 WHEREAS,the State of Florida and all local governments in the Florida Keys (each subject
16 to Area of Critical State Concern mandates relating to housing affordability) recognize the need for
17 affordable housing throughout the state and particularly in the Florida Keys where developable land
18 for housing is extremely limited and expensive; and
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20 WHEREAS,the challenge of providing affordable housing opportunities in the Florida Keys
21 is one requiring sensible and responsive use of residential unit allocations, including implementation
22 of long-term preservation mechanisms; and
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24 WHEREAS, due consideration should be given to relevant factors such as the capacity for
25 allocation recipients to promptly transform allocation awards/reservations into finished and occupied
26 affordable/workforce housing units; and
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28 WHEREAS, in accordance with Monroe County Land Development Code ("LDC") § 138-
29 24(b)(3) the Monroe County Board of County Commissioners ("BOCC", "Board", "Monroe
30 County", or the "County") may authorize affordable housing ROGO allocation reservations
31 for "Specific affordable or employee housingprojects sponsored by nongovernmental not-for-profit
32 organizations above upon written request tom the project sponsor and approved by resolution of
33 the BOCC,"and
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35 WHEREAS,the applicant desires to develop employer owned rental housing as defined in
36 LDC Section 101-1 and pursuant to LDC Section 139-1(b)(6)k., consisting of units of not more than
37 two (2)tenants per bedroom; with a maximum of three (3)bedrooms per unit; and
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39 WHEREAS,the reservation of affordable housing allocations for the anticipated project, does
40 not exempt the project from applicable requirements for the Monroe County Codes, Monroe County
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I Comprehensive Plan, Building Code(s), floodplain management regulations, and/or other federal,
2 state, and local requirements; and
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4 WHEREAS, the applicant Boy Scouts of America ("BSA") shall obtain all required
5 approvals from the Monroe County Planning and Environmental Resources Department
6 ("Department")for this project; and
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8 WHEREAS,the applicant BSA shall obtain permit for the affordable housing dwelling unit
9 by December 13, 2024; if the permits are not issued, the allocations shall automatically revert
10 back to the Monroe County BOCC by operation of law;
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12 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
13 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
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15 Section 1. The foregoing recitals are true and correct, and are hereby incorporated as if
16 fully set forth herein.
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18 Section 2. Construction and Interpretation. The interpretation of this Resolution and
19 all floodplain management regulations, Florida Statutes, Florida Building Code(s), Monroe County
20 Comprehensive Plan, Monroe County Code(s), Florida Statutes, and Monroe County Code(s)
21 provisions whose interpretation arises out of, relates to, or is interpreted in connection with this
22 Resolution shall be liberally construed and enforced in favor of the BOCC and such interpretation
23 shall be entitled to great weight in adversarial administrative proceedings, at trial,bankruptcy, and on
24 appeal. To the extent of any conflict within one or more part(s), portion(s), or section(s) within this
25 Resolution and to the extent of any conflict within any part(s), portion(s), or section(s) of this
26 Resolution vis-a-vis any prior representation or agreement of any kind, approval, development order,
27 development permit, letter of understanding, or letter of development rights determination, the more
28 restrictive is deemed to be controlling.
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30 Section 3. No Liability. Monroe County expressly reserves and in no way shall be
31 deemed to have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign,
32 governmental, and any other similar defense, immunity, exemption, or protection against any suit,
33 cause-of-action,demand,or liability.
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35 Section 4. Non-Reliance by Third-Parties. No person or entity shall be entitled to rely
36 upon the terms, or any of them, of this Resolution to enforce or attempt to enforce any third-party
37 claim(s) or entitlement(s)to or benefit(s) of any term(s) contemplated hereunder.
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39 Section 5. Severability.If any provision of this Resolution, or any part or portion thereof,
40 is held to be invalid or unenforceable by any administrative hearing officer or court of competent
41 jurisdiction, the invalidity or unenforceability of such provision, or any part or portion thereof, shall
42 neither limit nor impair the operation, enforceability, or validity of any other provision of this
43 Resolution, or any remaining part(s) or portion(s)thereof. All other provisions of this Resolution, and
44 remaining part(s) or portion(s)thereof, shall continue unimpaired in full force and effect.
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I Section 6. The Department shall reserve three (3) moderate income affordable housing
2 allocations, for the applicant 13SA at the above-referenced Brinton E'rivironmental Center located at
3 23800 Overseas llwy, Summerland Key, currently having Property Identification No. 00114850-
4 000000, until December 13, 2024, for the development of employer owned rental housing as defined in
LDC Section 10 1-I and pursuant to L.I)C Section 139-1(b)(6)k.
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6 Section 7. The applicant must obtain the building permit f(.)r the affordable housing units
7 on or before December 13, 2024.
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9 Section 8. The applicant shall comply with all local, state, and federal requirements,
10 including but not limited to all requirenients of the Florida ftilding Code(s), Monroe County
I I Comprehensive Plan, Monroe County Code(s), and requirements of any and all oversight agencies,
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13 Section 9. The professional staff of the Monroe Planning and E'rivironniental
14 Resources and Building Departments are hereby authorized to process expeditiously permit related
15 applications for the above referenced prqject when received,
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17 PASSED AND ADOPTED by the Board Of County Commissioners of Monroe County,
18 Florida,at a duly noticed regularly scheduled public meeting held on the 13"'day of December,2023.
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20 Mayor I folly Merrill Raschein Yes —
21 Mayor Ilro 'l'em James K. Scholl Yes —22 Comm issioner Craig Cates Yes
23 Commissioner Michelle Lincoln Yes
24 Commissioner David Rice Yes
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26 BOARD OF COUNTY COMMISSIONERS OF MONROL,"
27 COUNTY, FLORIDA
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329R fly:
IN, Mayor Holly Merrill Raschein
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33 AfniS�I: N MADOK, CLERK
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37 AS DEPUTY CLERK.
D E R E K Ye; )W=A=FRIrF)__'_
ASSISTANT1�6UNTY ATTORNEY
12/28/23
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