Resolution 229-2024 F
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2 RESOLUTION NO.229-2024
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4 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
5 COMMISSIONERS APPROVING THE RESERVATION OF TEN (10)
6 LOW-INCOME CATEGORY AFFORDABLE ROGO ALLOCATIONS
7 FROM THE LOWER/UPPER KEYS POOL FOR PROPOSED
8 AFFORDABLE HOUSING DWELLING UNITS ON PROPERTIES TO
9 BE DETERMINED WITHIN UNINCORPORATED MONROE
10 COUNTY, AS REQUESTED BY HABITAT FOR HUMANITY OF KEY
11 WEST AND LOWER FLORIDA KEYS, INC., UNTIL DULY 2, 2029,
12 FOR BUILDING PERMIT ISSUANCE.
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14 WHEREAS,the State of Florida and all local governments in the Florida Keys recognize that the
15 challenge of providing affordable housing in the unincorporated Florida Keys requires sensible and
16 responsive use of residential unit allocations including implementation of long-term preservation
17 mechanisms in light of the extremely limited developable land suitable for affordable housing; and
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19 WHEREAS, due consideration should be given to relevant factors such as the capacity for
20 allocation recipients to promptly transform allocation awards/reservations into finished and occupied
21 affordable/workforce housing units; and
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23 WHEREAS, Monroe County Land Development Code ("LDC") Section 138-24(b)(2) allows
24 the Monroe County Board of County Commissioners (`BOCC", "Board", "Monroe County", or the
25 "County") to authorize reservations for "the county housing authority, nonprofit community
26 development organizations,pursuant to Section 139-1(e),and otherpublic entities established toprovide
27 affordable housing by entering into a memorandum of understanding with one or more of these
28 agencies"; and
29
30 WHEREAS, Habitat for Humanity of Key West and Lower Florida Keys, Inc., is a 501(c)(3)
31 not-for-profit organization engaged in the construction of affordable housing in the Lower Keys, has
32 previously developed affordable housing units in the Lower Keys, and is proposing to develop ten (10)
33 affordable-employee housing units; and
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35 WHEREAS, the reservation of affordable housing allocations for the anticipated units does not
36 exempt these units from applicable requirements for the Monroe County Comprehensive Plan and
37 Code(s), the Florida Building Code, floodplain management regulations, and other like requirements;
38 and
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40 WHEREAS, Habitat for Humanity of Key West and Lower Florida Keys, Inc., shall obtain all
41 required approvals from the Monroe County Planning & Environmental Resources and Building
42 Departments for the subject units; and
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I WHEREAS, Habitat for Humanity of Key West and Lower Florida Keys, Inc., shall obtain
2 permits for the subject affordable-employee housing dwelling units by July 2, 2029,but if the permit for
3 a reserved ROGO allocation housing unit is not issued by that time, the allocation shall automatically
i revert back to the County by operation of law;
6 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
g COMMISSIONERS OF MONROE COUNTY, FLORIDA:
9 Section 1. The foregoing title, recitals, findings of fact, and conclusions of law are true and
l Q correct and are hereby incorporated as if fully set forth herein.
12 Section 2. The Monroe County Planning & Environmental Resources Department shall reserve
13 ten(10)low income category affordable ROGO allocations,for Habitat for Humanity of Key West and Lower
14 Florida Keys,Inc. ("Habitat"or the "developer"),for development of the subject affordable-employee housing
I g dwelling units on sites to be determined within unincorporated Monroe County,until July 2, 2029.
17 Section 3. Habitat must obtain the building permits for the subject ten (10) affordable housing
14 units on or before July 2, 2029.
20 Section 4. The developer shall comply with all provisions of the Monroe County Code(s),
21 Monroe County Comprehensive Plan, Florida Building Code, and shall comply with all applicable floodplain
22 management regulations, and any other supervisory and/or oversight agencies and their respective regulatory
34 requirements.
25 Section 5. The professional staff of the Monroe County Planning & Environmental Resources
26 Department and Building Department are hereby authorized to expeditiously process permit related
3g applications for the above referenced project(s)when received.
29 Section 6. Construction and Interpretation.The construction and interpretation of this
30 Resolution and all provision(s) of the Monroe County Comprehensive Plan, Florida Building Code, Florida
31 Statutes, and Monroe County Code(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 the Monroe County
33 BOCC, and shall be deferred in favor of the BOCC and such construction and interpretation shall be entitled
�J to great weight in adversarial administrative proceedings, at trial,bankruptcy, and on appeal.
36 Section 7. No Liability. Monroe County expressly reserves and in no way shall be deemed to
37 have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign, governmental, and any
38 other similar defense, immunity, exemption, or protection against any suit, cause-of-action, demand, or
18 liability.
41 Section 8. Severability.If any provision of this resolution, or any part or portion thereof,is
42 held to be invalid or unenforceable by any administrative hearing officer or court of competent jurisdiction,
43 the invalidity or unenforceability 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
continue unimpaired in full force and effect.
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49 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
50 at a regular meeting held on July 17, 2024.
51
52 Mayor Holly Merrill Raschein Yes
53 Mayor Pro Tem James K. Scholl Yes
54 Commissioner Craig Cates Absent
55 Commissioner Michelle Lincoln Yes
56 Commissioner David Rice Yes
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1 BOARD OF COUNTY COMMISSIONERS :.•OF MONROE
2.: :
COUNTY, FLORIDA:
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4 By: ''' 4 : -.5 r . , r.:t,'''fa'`''>' _: : Mayor Holly Merrill Raschein
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