Resolution 184-2024 F
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2 RESOLUTION NO. 184-2024
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4 APPROVAL TO EXTEND THE EXISTING RESERVATION OF THIRTEEN
5 (13) AFFORDABLE HOUSING ROGO ALLOCATIONS CONSISTING OF
6 FOUR (4) LOW INCOME, FOUR (4) MEDIAN INCOME, AND FIVE (5)
7 MODERATE INCOME AFFORDABLE HOUSING ROGO ALLOCATIONS,
8 BY AND THROUGH RESOLUTION NO. 084-2023, FOR PROPOSED
9 AFFORDABLE HOUSING DWELLING UNITS TO BE DEVELOPED ON
10 CUDJOE KEY, ON PROPERTY LEGALLY DESCRIBED AS LOT 30,
11 SACARMA, A SUBDIVISION OF GOVERNMENT LOTS 3 AND 4 IN
12 SECTION 29, TOWNSHIP 66 SOUTH, RANGE 28 EAST, CUDJOE KEY,
13 MONROE COUNTY, FLORIDA, CURRENTLY HAVING PROPERTY
14 IDENTIFICATION NUMBER 00174960-000000,UNTIL FEBRUARY 15,2025,
15 FOR BUILDING PERMIT ISSUANCE.
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17 WHEREAS, reservation of these affordable housing ROGO allocations does not exempt this
18 development ("project") from the requirements of the Monroe County Codes, the Monroe County
19 Comprehensive Plan,the Florida Building Code,floodplain management regulations,and other federal,state,
20 and local requirements; and
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22 WHEREAS,this includes,but is not limited to,the requirement to obtain all required approvals from
23 the Monroe County Planning and Environmental Resources Department for the project; and
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25 WHEREAS,in accordance with Land Development Code Section 138-24(b)(2) the Monroe County
26 Board of County Commissioners (`BOCC", "Board", "Monroe County", or the "County") may authorize
27 affordable housing ROGO allocation reservations for "specific affordable or employee housing projects
28 participating in a federal/state housing financial assistance or tax credit program or receiving some form of
29 direct financial assistance from the county upon written request from the project sponsor and approved by
30 resolution of the board of county commissioners"; and
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32 WHEREAS,Bart Smith, a principal of the Developer Mobile Homes Holdings Coco LLC("LLC"or
33 the "Developer"), a limited liability company, by and through Smith/Hawks P.A., has requested BOCC
34 approval of this one(1)year extension of the BOCC's existing reservation of thirteen(13)affordable housing
35 ROGO allocations for the LLC made pursuant to above-referenced Resolution No.084-2023,for one(1)year
36 until February 15, 2024; and
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38 WHEREAS,this LLC is seeking development of this property with thirteen(13)additional affordable
39 housing dwelling units leveraging United States federal government assistance using the Federal Emergency
40 Management Agency's ("FEMA") Flood Mitigation Grant Program; and
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42 WHEREAS, pursuant to Land Development Code Section ("LDC") 138-24(b), the BOCC has the
43 option to approve a request to reserve affordable ROGO allocations for a Developer whose specific housing
44 program consists of a project participating in(leveraging)financial assistance from the United States federal
45 government or the government of the State of Florida, and
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I WHEREAS, at this Developer's request the BOCC reserved thirteen (13) affordable housing ROGO
2 allocations for the subject development via Resolution No. 084-2023;' and
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4 WHEREAS,all permits shall be obtained for the affordable housing dwelling units by February 15,
5 2025,and if the permits are not issued, the allocations shall automatically revert back to the Monroe County
6 BOCC by operation of law;
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8 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
9 COMMISSIONERS OF MONROE COUNTY,FLORIDA:
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11 Section 1. The foregoing title, findings of fact, and conclusions of law are true and correct, and
12 are hereby incorporated as if fully set forth herein.
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14 Section 2. Construction and Interpretation. The construction and interpretation of this
15 Resolution and all Monroe County Comprehensive Plan provision(s), Florida Building Code, Florida Statute,
16 and Monroe County Code(s) provision(s) whose interpretation arises out of, relates to, or is interpreted in
17 connection with this Resolution shall be liberally construed and enforced in favor of Monroe County and such
18 construction and interpretation shall be entitled to great weight in adversarial administrative proceedings, at
19 trial, bankruptcy, and on appeal. To the extent of any conflict within one or more part(s), portion(s), or
20 section(s) within this Resolution and to the extent of any conflict within any part(s), portion(s), or section(s)
21 of this Resolution vis-a-vis any prior representation or agreement of any kind, approval, development order,
22 development permit,letter of understanding,or letter of development rights determination,the more restrictive
23 is deemed to be controlling.
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25 Section 3. No Liability. Monroe County expressly reserves and in no way shall be deemed to
26 have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign, governmental, and any
27 other similar defense, immunity, exemption, or protection against any suit, cause-of-action, demand, or
28 liability.
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30 Section 4. Non-Reliance by Third-Parties.No person or entity shall be entitled to rely upon the
31 terms, or any of them, of this Resolution to enforce or attempt to enforce any third-party claim(s) or
32 entitlement(s) to or benefit(s) of any term(s) contemplated hereunder.
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34 Section 5. The developer shall comply with all Monroe County requirements, all applicable
35 building code requirements, and with the requirements of any and all other federal, state, regional, and local
36 oversight agencies.
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38 Section 6. Severability.If any provision of this Resolution,or any part or portion thereof,is held
39 to be invalid or unenforceable by any administrative hearing officer or court of competent jurisdiction, the
40 invalidity or unenforce ability of such provision, or any part or portion thereof, shall neither limit nor impair
41 the operation, enforceability, or validity of any other provision of this Resolution, or any remaining part(s) or
42 portion(s) thereof. All other provisions of this Resolution, and remaining part(s) or portion(s) thereof, shall
43 continue unimpaired in full force and effect.
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45 Section 7. The Developer must obtain the building permits for the thirteen (13) affordable
46 housing dwelling unit ROGO allocations on or before February 15, 2025.
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i Approved on February 15,2023.
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1 Section S. The Monroe County Planning and Environmental Resources Department shall reserve
2 thirteen(13)affordable housing allocations consisting of four(4)low income,four(4)median income and five
3 (5)moderate income category allocations,for the subject project at the above-referenced property,as provided
4 with and in accordance with all of the foregoing,until February 15,2025.
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6 Section 9. The professional staff of the Monroe County Planning and Environmental Resources
7 and ui ing Departments are hereby authorized to pprocess expeditiously permit related applications for the
8 above referenced project when received.
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10 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,Florida,at a
duly noticed regularly scheduled public meeting held on the 15th day of May,2024.
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13 Mayor Holly Merrill Raschein Yes
14 Mayor.Pro Tern James.K. Scholl Yes
15 Commissioner Craig Cates Yes
16 Commissioner Michelle Lincoln Yes
17 •
Commissioner David Rice Yes
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19 ,_�Y•, ,=:< �.:�,� BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
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22 :�--;,. f ve Mayor Holly Merrill Raschein
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25`�: ATTE T'aI 'L ���IN MADOK CLERK MONO COUNTY ATTORNEY
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