The URL can be used to link to this page

Item L5 L5 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Board of County Commissioners Meeting July 17, 2024 Agenda Item Number: L5 2023-2599 BULK ITEM: Yes DEPARTMENT: Planning & Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Emily Schemper n/a AGENDA ITEM WORDING: Approval of a Resolution Extending an Existing Reservation of Twenty (20) Affordable Housing ROGO Allocations in the Moderate-Income Category, as Requested by Smith/Hawks P.L. acting as an authorized agent for the owner and developer Dickerson Group Inc., to Develop Twenty (20) Affordable-Employee Housing Dwelling Units on Property Located In Section 21, Township 67 South, Range 26 East, Big Coppitt Key, Approximate Mile Marker 9.5 Gulf-Side, Currently Having Property Identification Numbers 00120940-000000 and 00120940-000301, until July 21, 2025. ITEM BACKGROUND: On July 21, 2021, the BOCC adopted Resolution No. 231-2021, reserving the subject twenty (20) affordable housing ROGO allocations in the moderate-income category, for the development of twenty (20) affordable-employee housing units at property located on the gulf-side of Big Coppitt Key, located at approximate mile marker 9.5, until July 21, 2022. Then on June 15, 2022, the BOCC adopted Resolution No. 176-2022, further extending the subject reservation of twenty (20) affordable housing ROGO allocations in the moderate-income category until July 21, 2023. Then on June 21, 2023, the BOCC adopted Resolution No. 223-2023, extending this reservation until July 21, 2024. Smith/Hawks P.L. acting as an authorized agent for the owner and developer Dickerson Group Inc., is requesting another one-year extension to the reservation. This would be the third such extension of this reservation. Smith/Hawks P.L. has represented the following as part of its request for this third extension of time: 3783 "The Applicant is requesting an additional twelve (12) month time extension of Resolution 231-2021 in order to comply with all required Federal and State environmental requirements, and in order to work with the County to complete and record the required affordable/employee housing deed restriction for the twenty (20) affordable housing units, and Monroe County building permit requirements. The Applicant has submitted its application package for the required Monroe County building permit for the twenty (20) affordable housing dwelling units and is working with the County on required revisions and completion of the required deed restriction. In order to comply with all Federal and State environmental regulations, complete and record the required deed restriction, and comply with Monroe County building permit requirements, to develop the twenty (20) desperately needed employee housing dwelling units, the applicant is requesting that the BOCC grant an additional twelve (12) month time extension to BOCC Resolution 231-2021, thereby granting sufficient time for the Applicant and the County to finalize the required deed restriction and record the same in the Monroe County Public Records, and for the County to issue the required Monroe County Building Permits." The subject reservation is pursuant to Land Development Code ("LDC" or "Code") Section 138-24(b) (2), which allows the Monroe County Board of County Commissioners (`BOCC") to reserve affordable housing ROGO allocations for specific affordable or employee housing projects participating in a federal/state housing financial assistance or tax credit program or receiving some form of direct financial assistance from the county upon written request from the project sponsor and approved by resolution of the BOCC. This project is not currently financed through a federal or state housing financial assistance or tax credit program, but will receive financial assistance from the County through the anticipated waiver of $17,500 in impact fees at the time of building permit issuance, pursuant to LDC Section 139-1(a)(4). Code Section 139-1 -Affordable and Employee Housing;Administration. (a)(4) The requirements of this Land Development Code for the provision of impact fees shall be waived for affordable and employee housing and any market rate housing developed in accordance with subsection (a)(8) of this section. Dickerson Group Inc. is pursuing development of twenty (20) affordable-employee housing units on the subject property. A minor conditional use permit (Planning & Environmental Resources Department File No. 2020-056) for the proposed development, as required by LDC Section 130-82, was approved on June 14th, 2021. Building permits for this project have not been applied for yet. In order to move forward with the proposed development, Dickerson Group Inc. would be required to obtain all necessary development approvals from Monroe County and all other applicable federal, state, and local government entities. The applicant has requested a third one-year extension to the reservation of the affordable ROGOs,which would require all building permits to be issued by July 21st, 2025. If a reservation for affordable ROGO allocations is not approved by the BOCC, the applicant can obtain allocations by submitting building permit applications with full construction drawings for review by the 3784 Building Department, and, once approved, may apply for affordable ROGO allocations through the County's quarterly allocation process. Quarterly allocations are reviewed and approved by the Monroe County Planning Commission. Given the approved minor conditional use permit for the proposed development, the professional staff of the Planning and Environmental Resources Department recommend approval of the request to extend the reservation of twenty (20) moderate-income affordable ROGO allocations for the subject property. Relevant Land Development Code Section: Code Section 138-24 (b)Reservation of affordable housing allocations. Notwithstanding the provisions of Section 138-26 for awarding of affordable housing allocations, the BOCC may reserve by resolution some or all of the available affordable housing allocations for award to certain sponsoring agencies or specific housing programs consistent with all other requirements of this chapter. Building permits for these reserved allocations shall be picked up within six months of the effective reservation date, unless otherwise authorized by the BOCC in its resolution. The BOCC may, at its discretion, place conditions on any reservation as it deems appropriate. These reservations may be authorized by the BOCC for: (1) The county housing authority, nonprofit community development organizations, pursuant to Section 139-1(e), and other public entities established to provide affordable housing by entering into a memorandum of understanding with one or more of these agencies; (2)4Saeci ac affordable or emRlovee housing� R�o�ects articiRating g in a federal/state housing financial assistance or tax credit program or receiving some form of direct-financial assistance from the county upon written request-from the proiect sponsor and a=roved by resolution of the BOCC: (3) Specific affordable or employee housing projects sponsored by nongovernmental not-for-profit organizations above upon written request from the project sponsor and approved by resolution of the BOCC; (4) Specific affordable or employee housing programs sponsored by the county pursuant to procedures and guidelines as may be established from time to time by the BOCC; (5) Specific affordable or employee housing projects by any entity, organization, or person, contingent upon transfer of ownership of the underlying land for the affordable housing project to the county, a not-for-profit community development organization, or any other entity approved by the BOCC, upon written request from the project sponsor and approved by resolution of the BOCC; or (6) 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. PREVIOUS RELEVANT BOCC ACTION: July 21, 2021, the BOCC adopted Resolution No. 231-2021 reserving twenty (20) affordable housing ROGO allocations in the moderate-income category. June 15, 2022, the BOCC adopted Resolution No. 176-2022 extending the reservation of twenty (20) affordable housing ROGO allocations in the moderate-income category. 3785 June 21, 2023, the BOCC adopted Resolution No. 223-2023 extending the reservation of twenty(20) affordable housing ROGO allocations in the moderate-income category. INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Approval. DOCUMENTATION: ROGO Reservation Extension Request- Dickerson [3-15-2024] Property Location Map Resolution 223-2023 Resolution 176-2022 Resolution 231-2021 RESOLUTION---Dickerson—AFH—ROGO—reservation-2024.pdf FINANCIAL IMPACT: n/a 3786 FO P N YS A"T' t AW Barton W. Smith, Esq. Jess Miles Goodall, Esq. Telephone: (305) 296-7227 Facsimile: (305)296-8448 Email: 11 a 3 ........................... ,Jess(f 51 itIfflawks,coni ................................................................................................ 113rat. (�) fflawks corn ............................ dj.............. Srnjfl SENT VIA EMAIL March 15, 2024 Emily Schemper, Planning Director Monroe County Planning & Environmental Resources Department 2798 Overseas Highway, Suite 400 Marathon, FL 33050 Email: Scl�g Rgr 11.j-njjy(-,',Mo -oeCo fit Lit) ................... . ........................................................................................ RE: REQUEST FOR TIME EXTENSION OF TWENTY (20) AFFORDABLE ROGO ALLOCATIONS FOR PROPOSED EMPLOYEE HOUSING DWELLING UNITS APPROVED BY BOCC RESOLUTION NO.S. 231-2021, 176-2022,AND 223-2023. Dear Emily, Please accept this correspondence, on behalf of our client, DICKERSON GROUP, INC., a Florida Corporation ("Applicant"), as a request for a twelve (12) month time extension of time for the reservation of twenty (20)Affordable Rate of Growth Ordinance("ROGO") allocations for proposed employee housing dwelling units approved by the Monroe County Board of Commissioners ("BOCC") Resolution 231-2021, attached hereto as Exhibit A, and extended by BOCC Resolutions 176-2022 and 223-2023, attached hereto as Exhibit B. The Applicant applied for the reservation of twenty (20) affordable ROGO allocations pursuant to Monroe County Land Development Code Section 138-24(b)(2) for the proposed development of employee housing on the property located on Big Coppitt Key, currently having Monroe County Parcel Identification Numbers 00120940-000000 and 00120940-000301. The Applicant's request was approved by the BOCC at a regularly scheduled meeting on July 21, 2021, for a period of twelve (12) months, and was extended by the BOCC, most recently at a regularly scheduled meeting on June 21, 2023, for a period of twelve(12)months, said period expires on July 21, 2024. The Applicant is requesting an additional twelve (12) month time extension of Resolution 231-2021 in order to comply with all required Federal and State environmental requirements, and in order to work with the County to complete and record the required affordable/employee housing deed restriction for the twenty (20) affordable housing units, and (00289488-v2 1 138 SIMONTON STREET KEY WEST' FLORUA '33040 U.SAw T305296-7227 F365�296-8448' SMTHFIAWKS.COM Page I of 2 3787 Emily Schemper, Planning Director Request for Time Extension—(Resolution Nos. 231-2021, 176-2022, and 223-2023) March 15,2024 Page 2 of 2 Monroe County building permit requirements. The Applicant has submitted its application package for the required Monroe County building permit for the twenty (20) affordable housing dwelling units and is working with the County on required revisions and completion of the required deed restriction. In order to comply with all Federal and State environmental regulations, complete and record the required deed restriction, and comply with Monroe County building permit requirements,to develop the twenty (20)desperately needed employee housing dwelling units,the applicant is requesting that the BOCC grant an additional twelve (12) month time extension to BOCC Resolution 231-2021, thereby granting sufficient time for the Applicant and the County to finalize the required deed restriction and record the same in the Monroe County Public Records, and for the County to issue the required Monroe County Building Permits. If you require anything further, or have any questions and/or concerns, please do not hesitate to contact our office. Sincerely, Ba Smith B Z BWS/jmg/bg Enclosures Cc: Client/file Ilze Aguila, Senior Administrator, Operations, A �!jja, glzc u : : f00289488-Q} 3788 0) co ti M I'M lol lilliq liol uuuuuuuumi uuuuuuum 10 ilia 001111 IIIWIII IOOIIII will I001111 II001111 IIIIOW'. Ili OF. II00111 10� z; 1 2 RESOLUTION NO. 231 -2021 3 4 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY 5 COMMISSIONERS APPROVING THE RESERVATION OF TWENTY 6 (20) AFFORDABLE ROGO ALLOCATIONS (20 MODERATE- 7 INCOME CATEGORY) FOR PROPOSED EMPLOYEE HOUSING 8 DWELLING UNITS ON PROPERTY OWNED BY DICKERSON 9 GROUP INC. LOCATED AT SECTION 21, TOWNSHIP 67 SOUTH, 10 RANGE 26 EAST, BIG COPPITT KEY, CURRENTLY HAVING 11 PROPERTY IDENTIFICATION NUMBERS 00120940-000000 AND 12 00120940-000301, AS REQUESTED BY SMITHIHAWKS, P.L., IN ITS 13 CAPACITY AS AUTHORIZED AGENT FOR THE PROPERTY 14 OWNER DICKERSON GROUP INC., UNTIL JULY 21, 2022, FOR 15 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 32 participating in a federal/state housing financial assistance or tax credit program or receiving some form 33 of direct financial assistance from the county upon written request from the project sponsor and approved 34 by 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 property(ies) 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 the Florida Building Code, and other regulatory requirements; and 43 i 3790 I WHEREAS,Dickerson Group Inc. shall obtain all required approvals from (lie Monroe County 2 Planning and Environmental Resources Department for the project; and 3 4 WHEREAS, Dickerson Group Inc. shall obtain permits for (lie affordable housing dwelling 5 units by July 21. 2022: if the permit for a reserved ROGO allocation housing unit is not issued by that 6 time, the allocation shall automatically revert to the County: 7 8 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 9 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 10 I 1 Section 1. The foregoing recitals are true and correct, and are hereby incorporated as if 12 fully set forth herein. 13 14 Section 2. The Monroe County Planning and Environmental Resources Department shall 15 reserve twenty(20)affordable ROGO allocations(20 moderate-income category), for the project at 16 Section 21, "Township 67 South, Range 26 East, Big Copp itt Key. on parcels currently having property 17 identification numbers 00120940-000000 and 00120940-000301, until July 21, 2022. 18 19 Section 3. The developer mast obtain the building permits for the twenty(20)affordable- 20 employee housing units on or before July 21, 2022. 21 22 Section 4. The developer shall comply with all Monroe County regulatory requirements,all 23 applicable Florida Building Code requirements, and with any and all requirements of all other regulatory 24 agencies. 25 26 Section 5. The Planning and Environmental Resources Department and Building 27 Department staffs are hereby authorized to expeditiously process permit-related applications for the 28 above referenced project when received. 29 30 Section 6. Construction and Interpretation. This resolution and its interpretation shall be 31 liberally construed and enforced in favor of Monroe County to effectuate its public purpose(s)and 32 policy(ies)of the County. The construction and interpretation of this resolution and all Monroe County 33 Comprehensive Plan provision(s), Florida Building Code, Florida Statutes, and Monroe County Code(s) 34 provision(s)whose interpretation arises out of, relates to, or is interpreted in connection with this 35 resolution shall be liberally construed and enforced in favor of Monroe County to effectuate its public 36 purpose(s)and policy(ies)of the County, and shall be construed in favor of the Monroe County Board of 37 County Commissioners and such construction and interpretation shall be entitled to great weight in 38 adversarial administrative proceedings, at trial, bankruptcy. and on appeal. 39 40 - Section 7..No Liability. Monroe County expressly reserves and in no way shall be deerned to 41 have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign, governmental, and 42 any other similar defense, immunity,exemption, or protection against any suit, cause-of-action, demand, 43 or liability. 44 45 Section 8. Severability. If any provision of this resolution, or any part or portion thereof, is 46 held to be invalid or unenforceable by any administrative hearing officer or court of competent 47 jurisdiction,the invalidity or Ernentorceability of such provision, or any part or portion thereol, shall 48 neither limit nor impair the operation, enforceability, or validity of any other provision of this resolution, 3791 I or any remaining part(s) or portion(s)thereof. All other provisions of this resolution,and remaining 2 part(%)or portion(s)thereof shall continue unimpaired in full force and etTect. 3 4 PASSED AND ADOPTED b*•the Board of County Commissioners of Monroe County. Florida 5 at a regular meeting held on the 21" day of July, 2021. 6 7 Mayor Michelle Coldiron Yes 8 Mayor Pro Tern David Rice Yes 9 Commissioner Craig Cates Yes 10 Commissioner Eddie Martinez Yes 1 1 Commissioner Mike Forster Yes 12 13 BOARD OF COUNTY COMMISSIONERS OF MONROE 14 COUNTY. FLORIDA pool 15 BY: IJA j, Mayor ich ]le ❑ iron 19 (SEXL) MONROE CO_ ATTORNEY 20 ' APP TO FORM 21 ATTTKEVI �1ADOK. C RK 22 J- `� 23 A5 DEPUTY C ERK PETER MORRIS ASSISTANT COUNTY ATTORNEY Date: 61 1 1 T A � 3792 M ti M �IN uuuuuuuuuum Vuuuuuuuuuuuuuuuuuu RESOLUTION NO. 176 -2022 3 SOLUTION OF THE MONROE COUNTY BOARD OF COUNTY 5 COMMISSIONERS APPROVING EXTENSION OF THE 6 RESERVATION OF TWENTY (2 ) AFFORDABLE ROGO 7 ALLOCATIONS (20 MODERATE) FOR PROPOSED EMPLOYEE HOUSING DWELLING UNITS ON PROPERTY OWNED BY DICKERSON GROUP,INC.,LOCATED AT SECTION 21,TOWNSHIP 10 67 SOUTH, RANGE 26 EAST, BIG COPPITT KEY, HAVING 1 PROPERTY IDENTIFICATION NUMBERS 00120940-000000 AND 12 00120940-000301, AS REQUESTED BY SMITH/HAWKS P. ., IN ITS 13 CAPACITY AS AUTHORIZED AGENT FOR THE PROPERTY 14 OWNER, DICKERSON GROUP INC., UNTIL JULY 21, 2023 FOR 15 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 expensive;and 21 22 AS, the challenge of providing affordable o s° g opportunities in e Floridaeys is 23 one requiring sensible and responsive use of residential unit allocations, including implementation of 24 long-term preservation mechanisms; and 25 6 WHEREAS, due consideration should be given to relevant factors such the capacity or 7 allocation recipients to promptly transform allocation awards/reservations into finished and occupied 8 affordable/workforce ousi units; and 2 30 AS, Section 1 -2 )(2) of the Monroe County Land Development Code allows 1 the BOCC to authorize reservations for "specific affordable or employee housing projects participating 2 in a federal/state housing financial assistance or tax credit program or receivingsome form of direct 33 financial assistance the county upon written request from the project sponsor and approved by 34 resolution of the Board of County Commissioners,"an 35 36 WHEREAS,the current property owner(s)Dickerson Group, Inc.,by and through it a s 7 .L., in its capacity as authorized agent for said current property owner(s), is proposing to develop the 8 properties with twenty(2 )affordable employee housing units; and 3 40 AS,the reservation of affordable housing allocations fort the anticipated j t does not 41 exempt the project from applicable requirements forte Monroe County Land Development Regulations, 42 Building Coe and other regulatory requirements;and 43 EX[it ... .. ..T 3794 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 21,2023; 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 I I Section 1: The foregoing recitals are true and correct, and are hereby incorporated as if fully 12 set forth herein. 13 14 Section 2: The Monroe County Planning Department shall reserve twenty(20)affordable ROGO 15 allocations(20 moderate income),for the project at Section 21,Township 67 South,Range 26 East, Big 16 Coppitt Key, having property identification numbers 00 120940-000000 and 00 120940-00030 1, until 17 July 21, 2023. 18 19 Section 3: Construction and Interpretation. This resolution and its interpretation shall be 20 liberally construed and enforced in favor of Monroe County to effectuate its public purpose(s) and 21 policy(ies) of the County. The construction and interpretation of this resolution and all Monroe County 22 Comprehensive Plan provision(s), Florida Building Code, Florida Statutes, and Monroe County Code(s) 23 provision(s) whose interpretation arises out of, relates to, or is interpreted in connection with this 24 resolution shall be liberally construed and enforced in favor of Monroe County to effectuate its public 25 purpose(s) and policy(ies) of the County, and shall be construed in favor of the BOCC and such 26 construction and interpretation shall be entitled to great weight in adversarial administrative proceedings, 27 in trial,bankruptcy, and on appeal. 28 29 Section 4: The developer must obtain the building permits for the twenty (20) 30 affordable/employee housing on or before July 21, 2023. 31 32 Section 5: The developer shall comply with all Monroe County requirements, all applicable 33 Building Code requirements, and any other regulatory agencies. 34 35 Section 6: The Planning and Building Department Staff is hereby authorized to process 36 expeditiously permit related applications for the above referenced project when received. 37 38 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 39 Florida at a regular meeting held on the 15th day of June, 2022. 40 41 Mayor David Rice Yes 42 Mayor Pro Tern Craig Cates Yes 43 Commissioner Michelle Coldiron 44 Commissioner James K. Scholl Yes 45 Commissioner Holly Merrill Raschein Yes 2 EX[i B T B 3795 BOARD COMMISSIONERS` OF N E COUNTY, FLORIDA y; r , f, Mayor D id Rice h MONROE COUNTY ATTORNEY I � � �qaY,.'� 3• w FOB v 12 _ 13 �T K' 1I , ��ERK 14 �A " ADOK 15 AS DEPUTCLERK 1 w rn F 11 1 rw� w�„yd ri 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 3797 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. EX[..i...i.. B i..T 3798 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 �V J ORM AP 4 _ 20 5 Date: —L-----ZXd23- 16 AS DEPUTY CLERK M roA C= CD CD C) CA EX[i B T B 3799 Property Location in Section 21, Township 67 South, Range 26 East, Big Coppitt Key, Approximate Mile Marker 9.5 Gulf-Side, Currently Having Property Identification Numbers 00120940-000000 and 00120940-000301. Location of proposed development area circled in red. ui � � u p 1 i 1 t4Rll1[-IfwS�"��IE"��IRII�FII�d1�" f l� � 1�� ✓� u " �6 ��%` ram N,, yf ,i ,, Aiii � uuf r Y } 1 � »� fIw; /�i�r✓ / w �i ry!/vr m �IS �� I 9i 911i k r�AR.IK. 9 r , �� r, K( 1yIPII iT�E W ILIA 51fr lim�;C( 3800 F 1 rw� w�„yd ri 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 3801 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. 3802 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 �V J ORM AP 4 _ 20 5 Date: —L-----ZXd23- 16 AS DEPUTY CLERK M roA C= CD CD C) CA 3803 RESOLUTION NO. 176 -2022 3 SOLUTION OF THE MONROE COUNTY BOARD OF COUNTY 5 COMMISSIONERS APPROVING EXTENSION OF THE 6 RESERVATION OF TWENTY (2 ) AFFORDABLE ROGO 7 ALLOCATIONS (20 MODERATE) FOR PROPOSED EMPLOYEE HOUSING DWELLING UNITS ON PROPERTY OWNED BY DICKERSON GROUP,INC.,LOCATED AT SECTION 21,TOWNSHIP 10 67 SOUTH, RANGE 26 EAST, BIG COPPITT KEY, HAVING 1 PROPERTY IDENTIFICATION NUMBERS 00120940-000000 AND 12 00120940-000301, AS REQUESTED BY SMITH/HAWKS P. ., IN ITS 13 CAPACITY AS AUTHORIZED AGENT FOR THE PROPERTY 14 OWNER, DICKERSON GROUP INC., UNTIL JULY 21, 2023 FOR 15 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 expensive;and 21 22 AS, the challenge of providing affordable o s° g opportunities in e Floridaeys is 23 one requiring sensible and responsive use of residential unit allocations, including implementation of 24 long-term preservation mechanisms; and 25 6 WHEREAS, due consideration should be given to relevant factors such the capacity or 7 allocation recipients to promptly transform allocation awards/reservations into finished and occupied 8 affordable/workforce ousi units; and 2 30 AS, Section 1 -2 )(2) of the Monroe County Land Development Code allows 1 the BOCC to authorize reservations for "specific affordable or employee housing projects participating 2 in a federal/state housing financial assistance or tax credit program or receivingsome form of direct 33 financial assistance the county upon written request from the project sponsor and approved by 34 resolution of the Board of County Commissioners,"an 35 36 WHEREAS,the current property owner(s)Dickerson Group, Inc.,by and through it a s 7 .L., in its capacity as authorized agent for said current property owner(s), is proposing to develop the 8 properties with twenty(2 )affordable employee housing units; and 3 40 AS,the reservation of affordable housing allocations fort the anticipated j t does not 41 exempt the project from applicable requirements forte Monroe County Land Development Regulations, 42 Building Coe and other regulatory requirements;and 43 t 3804 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 21,2023; 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 I I Section 1: The foregoing recitals are true and correct, and are hereby incorporated as if fully 12 set forth herein. 13 14 Section 2: The Monroe County Planning Department shall reserve twenty(20)affordable ROGO 15 allocations(20 moderate income),for the project at Section 21,Township 67 South,Range 26 East, Big 16 Coppitt Key, having property identification numbers 00 120940-000000 and 00 120940-00030 1, until 17 July 21, 2023. 18 19 Section 3: Construction and Interpretation. This resolution and its interpretation shall be 20 liberally construed and enforced in favor of Monroe County to effectuate its public purpose(s) and 21 policy(ies) of the County. The construction and interpretation of this resolution and all Monroe County 22 Comprehensive Plan provision(s), Florida Building Code, Florida Statutes, and Monroe County Code(s) 23 provision(s) whose interpretation arises out of, relates to, or is interpreted in connection with this 24 resolution shall be liberally construed and enforced in favor of Monroe County to effectuate its public 25 purpose(s) and policy(ies) of the County, and shall be construed in favor of the BOCC and such 26 construction and interpretation shall be entitled to great weight in adversarial administrative proceedings, 27 in trial,bankruptcy, and on appeal. 28 29 Section 4: The developer must obtain the building permits for the twenty (20) 30 affordable/employee housing on or before July 21, 2023. 31 32 Section 5: The developer shall comply with all Monroe County requirements, all applicable 33 Building Code requirements, and any other regulatory agencies. 34 35 Section 6: The Planning and Building Department Staff is hereby authorized to process 36 expeditiously permit related applications for the above referenced project when received. 37 38 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 39 Florida at a regular meeting held on the 15th day of June, 2022. 40 41 Mayor David Rice Yes 42 Mayor Pro Tern Craig Cates Yes 43 Commissioner Michelle Coldiron 44 Commissioner James K. Scholl Yes 45 Commissioner Holly Merrill Raschein Yes 2 3805 BOARD COMMISSIONERS` OF N E COUNTY, FLORIDA y; r , f, Mayor D id Rice h MONROE COUNTY ATTORNEY I � � �qaY,.'� 3• w FOB v 12 _ 13 �T K' 1I , ��ERK 14 �A " ADOK 15 AS DEPUTCLERK 1 w 00 0 rn z; 1 2 RESOLUTION NO. 231 -2021 3 4 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY 5 COMMISSIONERS APPROVING THE RESERVATION OF TWENTY 6 (20) AFFORDABLE ROGO ALLOCATIONS (20 MODERATE- 7 INCOME CATEGORY) FOR PROPOSED EMPLOYEE HOUSING 8 DWELLING UNITS ON PROPERTY OWNED BY DICKERSON 9 GROUP INC. LOCATED AT SECTION 21, TOWNSHIP 67 SOUTH, 10 RANGE 26 EAST, BIG COPPITT KEY, CURRENTLY HAVING 11 PROPERTY IDENTIFICATION NUMBERS 00120940-000000 AND 12 00120940-000301, AS REQUESTED BY SMITHIHAWKS, P.L., IN ITS 13 CAPACITY AS AUTHORIZED AGENT FOR THE PROPERTY 14 OWNER DICKERSON GROUP INC., UNTIL JULY 21, 2022, FOR 15 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 32 participating in a federal/state housing financial assistance or tax credit program or receiving some form 33 of direct financial assistance from the county upon written request from the project sponsor and approved 34 by 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 property(ies) 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 the Florida Building Code, and other regulatory requirements; and 43 i 3807 I WHEREAS,Dickerson Group Inc. shall obtain all required approvals from (lie Monroe County 2 Planning and Environmental Resources Department for the project; and 3 4 WHEREAS, Dickerson Group Inc. shall obtain permits for (lie affordable housing dwelling 5 units by July 21. 2022: if the permit for a reserved ROGO allocation housing unit is not issued by that 6 time, the allocation shall automatically revert to the County: 7 8 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 9 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 10 I 1 Section 1. The foregoing recitals are true and correct, and are hereby incorporated as if 12 fully set forth herein. 13 14 Section 2. The Monroe County Planning and Environmental Resources Department shall 15 reserve twenty(20)affordable ROGO allocations(20 moderate-income category), for the project at 16 Section 21, "Township 67 South, Range 26 East, Big Copp itt Key. on parcels currently having property 17 identification numbers 00120940-000000 and 00120940-000301, until July 21, 2022. 18 19 Section 3. The developer mast obtain the building permits for the twenty(20)affordable- 20 employee housing units on or before July 21, 2022. 21 22 Section 4. The developer shall comply with all Monroe County regulatory requirements,all 23 applicable Florida Building Code requirements, and with any and all requirements of all other regulatory 24 agencies. 25 26 Section 5. The Planning and Environmental Resources Department and Building 27 Department staffs are hereby authorized to expeditiously process permit-related applications for the 28 above referenced project when received. 29 30 Section 6. Construction and Interpretation. This resolution and its interpretation shall be 31 liberally construed and enforced in favor of Monroe County to effectuate its public purpose(s)and 32 policy(ies)of the County. The construction and interpretation of this resolution and all Monroe County 33 Comprehensive Plan provision(s), Florida Building Code, Florida Statutes, and Monroe County Code(s) 34 provision(s)whose interpretation arises out of, relates to, or is interpreted in connection with this 35 resolution shall be liberally construed and enforced in favor of Monroe County to effectuate its public 36 purpose(s)and policy(ies)of the County, and shall be construed in favor of the Monroe County Board of 37 County Commissioners and such construction and interpretation shall be entitled to great weight in 38 adversarial administrative proceedings, at trial, bankruptcy. and on appeal. 39 40 - Section 7..No Liability. Monroe County expressly reserves and in no way shall be deerned to 41 have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign, governmental, and 42 any other similar defense, immunity,exemption, or protection against any suit, cause-of-action, demand, 43 or liability. 44 45 Section 8. Severability. If any provision of this resolution, or any part or portion thereof, is 46 held to be invalid or unenforceable by any administrative hearing officer or court of competent 47 jurisdiction,the invalidity or Ernentorceability of such provision, or any part or portion thereol, shall 48 neither limit nor impair the operation, enforceability, or validity of any other provision of this resolution, 3808 I or any remaining part(s) or portion(s)thereof. All other provisions of this resolution,and remaining 2 part(%)or portion(s)thereof shall continue unimpaired in full force and etTect. 3 4 PASSED AND ADOPTED b*•the Board of County Commissioners of Monroe County. Florida 5 at a regular meeting held on the 21" day of July, 2021. 6 7 Mayor Michelle Coldiron Yes 8 Mayor Pro Tern David Rice Yes 9 Commissioner Craig Cates Yes 10 Commissioner Eddie Martinez Yes 1 1 Commissioner Mike Forster Yes 12 13 BOARD OF COUNTY COMMISSIONERS OF MONROE 14 COUNTY. FLORIDA pool 15 BY: IJA j, Mayor ich ]le ❑ iron 19 (SEXL) MONROE CO_ ATTORNEY 20 ' APP TO FORM 21 ATTTKEVI �1ADOK. C RK 22 J- `� 23 A5 DEPUTY C ERK PETER MORRIS ASSISTANT COUNTY ATTORNEY Date: 61 1 1 T A � 3809 F 11 1 rw� w�„yd ri 2 RESOLUTION NO. -2024 3 4 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY 5 COMMISSIONERS APPROVING AN EXTENSION OF AN EXISTING 6 BOCC RESERVATION OF TWENTY (20) AFFORDABLE ROGO 7 ALLOCATIONS FOR THE PROPOSED DEVELOPMENT OF 8 TWENTY (20) AFFORDABLE-EMPLOYEE HOUSING DWELLING 9 UNITS ON PROPERTY LOCATED AT SECTION 21, TOWNSHIP 67 10 SOUTH, RANGE 26 EAST, BIG COPPITT KEY, CURRENTLY 11 HAVING PROPERTY IDENTIFICATION NUMBERS 00120940-000000 12 AND 00120940-000301, AS REQUESTED BY SMITH/HAWKS P.L. 13 ACTING AS AUTHORIZED AGENT FOR THE OWNER AND 14 DEVELOPER DICKERSON GROUP INC., UNTIL JULY 21,2025,FOR 15 BUILDING PERMIT ISSUANCE. 16 17 WHEREAS, the State of Florida and all local governments in the Florida Keys Area of Critical 18 State Concern recognize that the challenge of responsibly mitigating affordable housing needs in the 19 unincorporated Florida Keys requires sensible use of residential unit allocations (including 20 implementation of long-term preservation mechanisms)in light of the extremely limited developable land 21 suitable for new affordable housing units; and 22 23 WHEREAS, due consideration should be given to relevant factors such as the capacity for 24 allocation recipients to promptly transform allocation awards/reservations into finished and occupied 25 affordable/workforce housing units; and 26 27 WHEREAS, Monroe County Land Development Code Section 138-24(b)(2) authorizes 28 reservations for "specific affordable or employee housing projects participating in a federal/state 29 housing financial assistance or tax credit program or receiving some form of direct financial assistance 30 from the county upon written request from the project sponsor and approved by resolution of the Board 31 of County Commissioners"; and 32 33 WHEREAS, the owner and developer Dickerson Group, Inc., through Smith/Hawks P.L. acting 34 as its authorized agent, is proposing to develop the subject property with twenty (20) affordable 35 employee housing units; and 36 37 WHEREAS,the reservation of affordable housing allocations for the anticipated project does not 38 exempt the project from applicable requirements for the Monroe County Comprehensive Plan and 39 Code(s),the Florida Building Code,floodplain management regulations and other applicable requirements 40 of federal, state, and local government entities; and 41 42 WHEREAS,Dickerson Group, Inc., shall obtain all required approvals from the Monroe County 43 Planning& Environmental Resources and Building Departments for the project; and 1 of 3 3810 I WHEREAS, Dickerson Group, Inc. (the "developer"), shall obtain the above-referenced 2 permits for the subject affordable housing dwelling units by July 21,2025,and if the permit for a reserved 3 ROGO allocation housing unit is not issued by that time, that allocation shall automatically revert 4 back to the Monroe County Board of County Commissioners ("BOCC"); 5 6 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 7 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 8 9 Section 1. The foregoing title, recitals, findings of fact, and conclusions of law are true 10 and correct, and are hereby incorporated as if fully set forth herein. 11 12 Section 2. The Monroe County Planning & Environmental Resources Department shall 13 reserve twenty (20) affordable ROGO allocations (20 moderate-income category), for the project at 14 Section 21, Township 67 South, Range 26 East, Big Coppitt Key, currently having property 15 identification numbers 00120940-000000 and 00120940-000301, until July 21, 2025. 16 17 Section 3. The developer must obtain the building permits for the twenty (20) 18 affordable/employee housing on or before July 21, 2025. 19 20 Section 4. The developer shall comply with all requirements of the Monroe County 21 Comprehensive Plan and Code(s), Florida Building Code, floodplain management regulations, and 22 all other applicable requirements of federal, state, and local government entities. 23 24 Section 5. The Planning & Environmental Resources Department and Building 25 Department professional staff are hereby authorized to expeditiously process permit related 26 applications for the above referenced project when received. 27 28 Section 6. Construction and Interpretation. The interpretation of this Resolution and 29 all provisions of the Monroe County Comprehensive Plan, Florida Building Code, Florida Statutes, 30 and Monroe County Codes whose interpretation arises out of,relates to, or is interpreted in connection 31 with this Resolution shall be liberally construed and enforced in favor of the Monroe County BOCC, 32 and shall be deferred in favor of the Monroe County BOCC, and such construction and interpretation 33 shall be entitled to great weight in adversarial administrative proceedings, at trial,bankruptcy, and on 34 appeal. 35 36 Section 7. No Liability. Monroe County expressly reserves and in no way shall be 37 deemed to have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign, 38 governmental, and any other similar defense, immunity, exemption, or protection against any suit, 39 cause-of-action, demand, or liability. 40 41 Section 8. Severability. If any provision of this resolution, or any part or portion thereof 42 is held to be invalid or unenforceable by any administrative hearing officer or court of competent 43 jurisdiction, the invalidity or unenforceability of such provision, or any part or portion thereof, shall 44 neither limit nor impair the operation, enforceability, or validity of any other provision of this 45 resolution, or any remaining part(s) or portion(s) thereof. All other provisions of this resolution, and 46 remaining part(s) or portion(s)thereof, shall continue unimpaired in full force and effect. 47 2of3 3811 I PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 2 Florida, at a regular meeting held on July 17, 2024. 3 4 Mayor Holly Merrill Raschein 5 Mayor Pro Tem James K. Scholl 6 Commissioner Craig Cates 7 Commissioner David Rice 8 Commissioner Michelle Lincoln 9 10 BOARD OF COUNTY COMMISSIONERS OF MONROE 11 COUNTY, FLORIDA: 12 13 By: 14 Mayor Holly Merrill Raschein 15 (SEAL) MONROE oO Y ATTORNEY 16 ATTEST: KEVIN M D K CLERK APPI DtI To FOR 17 18 ASSISTANT COUNTY ATl`ORNEY 19 AS DEPUTY CLERK Dare: _ 7i2i2024 3 of 3 3812