Resolution 228-2024 F
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2 RESOLUTION NO.228-2024
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.
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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
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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
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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
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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
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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
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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
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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");
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6 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
7 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
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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.
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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.
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17 Section 3. The developer must obtain the building permits for the twenty (20)
18 affordable/employee housing on or before July 21, 2025.
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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.
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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.
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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.
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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.
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1 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 Yes
5 Mayor Pro Tern James K. Scholl
Yes
6 Commissioner Craig Cates Absen
t
7
Commissioner David Rice Yes
8 Commissioner Michelle Lincoln Yes
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. . . . :. . . . .
BOARD OF COUNTY COMMISSIONERS OF MONROE
11 COUNTY, FLORIDA:
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13 By:
_• :
14.,. 1 r Mayor Holly Merrill Raschein
15 (SEAL) MONROE CO ATTORNEY
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1,6 ,:AT'� ES^T:.KE'�,�,.,IN MADOK, CLERK //P TO FORM
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c, PETER MORRIS
i ASSISTANT COUNTY ATTORNEY
19 = AS+ PUTY CLERK Date: 7/2/2024
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