Resolution 431-2024 F
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2 RESOLUTION NO. 431 -2024
3
4 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
5 COMMISSIONERS APPROVING A REQUEST BY DAVID
6 THOMPSON IN HIS OFFICIAL CAPACITY AS THE SOLE
7 PRINCIPAL OF ABIT HOLDINGS,LLC,FOR AN EXTENSION OF AN
8 EXISTING BOCC RESERVATION OF TEN (10) MODERATE
9 INCOME CATEGORY AFFORDABLE ROGO ALLOCATIONS FOR
10 PROPOSED AFFORDABLE HOUSING DWELLING UNITS ON
11 PROPERTY LOCATED AT 103925, 103935, 103945, 103955, 103965
12 OVERSEAS HIGHWAY, KEY LARGO, MONROE COUNTY,
13 FLORIDA ON LOTS 9-13,BLOCK 7,LARGO SOUND VILLAGE,KEY
14 LARGO, APPROXIMATE MILE MARKER 104, CURRENTLY
15 HAVING PROPERTY IDENTIFICATION NUMBERS 00475240-
16 000000, 00475250-000000, 00475260-000000, 00475270-000000, AND
17 00475280-000000, AS REQUESTED DAVID THOMPSON FOR ABIT
18 HOLDINGS, LLC, PROPERTY OWNER, UNTIL MAY 13, 2025, FOR
19 BUILDING PERMIT ISSUANCE.
20
21 WHEREAS,the State of Florida and all local governments in the Florida Keys (each subject
22 to Area of Critical State Concern mandates relating to housing affordability) recognize the need for
23 affordable housing throughout the state and particularly in the Florida Keys where developable land
24 for housing is extremely limited and expensive; and
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26 WHEREAS,the challenge of providing affordable housing opportunities in the Florida Keys
27 is one requiring sensible and responsive use of residential unit allocations, including implementation
28 of long-term preservation mechanisms; and
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30 WHEREAS, due consideration should be given to relevant factors such as the capacity for
31 allocation recipients to promptly transform allocation awards/reservations into finished and occupied
32 affordable/workforce housing units; and
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34 WHEREAS, LDC Section 138-24(b)(2) allows the BOCC to authorize reservations for
35 "specific affordable or employee housing projects participating in a federal/state housing financial
36 assistance or tax credit program or receiving some form of direct financial assistance from the county
37 upon written request from the project sponsor and approved by resolution of the Board of County
38 Commissioners"; and
39
40 WHEREAS, on December 13, 2023, the Monroe County Board of County Commissioners
41 ("Monroe County","BOCC","Board",or the"County")approved BOCC Resolution No.644-2023,
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I reserving ten affordable housing allocations on the subject property through December 13, 2024;
2 and
3 WHEREAS, Abit Holdings, LLC., is requesting additional time to obtain development
4 approvals for the development of the property with ten (10) affordable housing units; and
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6 WHEREAS,the reservation of affordable housing allocations for the anticipated project does
7 not exempt the project from applicable requirements for the Monroe County Comprehensive Plan,
8 Land Development Code, Florida Building Code, floodplain management regulations, and/or other
9 regulatory requirements and/or requirements of law; and
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11 WHEREAS, Abit Holdings, LLC, shall obtain all required approvals from the Monroe
12 County Planning & Environmental Resources Department for the subject project; and
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14 WHEREAS, Abit Holdings, LLC, shall obtain building permits for the affordable housing
15 dwelling units by May 13, 2025; if the permit for a reserved ROGO allocation housing unit is not
16 issued by that time, the allocation shall automatically revert by operation of law back to the County;
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18 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
19 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
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21 Section 1. Recitals and Legislative Intent. The foregoing findings and determinations are true
22 and correct and are hereby incorporated as if fully set forth herein.
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24 Section 2. Construction and Interpretation. This Resolution is necessary for the health, safety,
25 and welfare of the residents of and visitors to the county. This Resolution and its
26 interpretation shall be liberally construed and enforced in favor of the Monroe County
27 BOCC. The construction and interpretation of this Resolution and all Monroe County
28 Comprehensive Plan provision(s), Florida Statute(s), and Monroe County Code(s)
29 provision(s) whose interpretation arises out of, relates to, or is interpreted in
30 connection with this Resolution shall be liberally construed and enforced in favor of
31 the BOCC and such construction and interpretation shall be entitled to great weight in
32 adversarial administrative proceedings, at trial, bankruptcy, and on appeal.
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34 Section 3. The Monroe County Planning & Environmental Resources Department
35 ("Department") shall extend the reservation of ten (10) moderate income category
36 affordable ROGO allocations, for the project on Lots 9-13, Block 7, Largo Sound
37 Village, Key Largo, currently having property identification numbers 00475240-
38 000000, 00475250-000000, 00475260-000000, 00475270-000000, and 00475280-
39 000000, until May 13, 2025.
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41 Section 4. The developer must obtain the building permits for the ten (10) affordable housing
42 units on or before May 13, 2025.
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44 Section 5. The developer shall comply with the Monroe County Comprehensive Plan, Land
45 Development Code, Florida Building Code, floodplain management regulations, and
46 any and all other requirements of Monroe County and/or State and/or Federal oversight
47 agencies.
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2 Section 6. The Department and Monroe County Building Department and Floodplain
3 Management Office professional staff are hereby authorized to process expeditiously
4 permit related applications for the above referenced project when received.
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6 Section 7. Inconsistency,:Partial Invalidity, Severability, and Survival of Provisions. If any
7 portion of this Resolution, or any part or portion thereof, is held to be invalid or
8 unenforceable by any administrative hearing officer or court of competent jurisdiction;
9 the invalidity or unenforceability of such provision,or any part or portion thereof,shall
10: neither limit nor impair the operation,enforceability,or validity of any other provision
11 of this Resolution,or any remaining part(s) or portion(s)thereof. All other provisions
12 of this Resolution, and remaining part(s) or portion(s) thereof, shall continue.
13 unimpaired in full force and effect.
14
15 PASSED AND ADOPTED by:the Board of County Commissioners of Monroe County,
16 Florida at a regular meeting held on the 16th day of October, 2024.
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18 Mayor Holly Merrill Raschein Yes
19 Mayor Pro Tern James Scholl Yes
20 Commissioner Craig Cates Yes
21
Commissioner Michelle Lincoln
Yes
22 Commissioner David Rice Yes
23
24 BOARD OF COUNTY COMMISSIONERS OF MONROE
25 COUNTY,FLORIDA
26
28 B
29. __-:�. _,'`,___ Mayor.Holly Merrill .
L-�L e Raschein
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