Resolution 548-2024 F
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2 RESOLUTION NO. 548 -2024
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4 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
5 COMMISSIONERS APPROVING THE RESERVATION OF EIGHTY-
6 SIX (86) WORKFORCE HOUSING EARLY EVACUATION
7 AFFORDABLE ROGO ALLOCATIONS PURSUANT TO
8 COMPREHENSIVE PLAN POLICY 101.3.12, POLICY 113.1.1, AND
9 MONROE COUNTY LAND DEVELOPMENT CODE SECTION 138-24,
10 FOR PROPOSED AFFORDABLE WORKFORCE HOUSING
11 DWELLING UNITS WITHIN THE "TAVERNIER WORKFORCE
12 HOUSING SUBAREA 1", ON PROPERTY LOCATED AT 92501
13 OVERSEAS HIGHWAY, KEY LARGO, MONROE COUNTY,
14 FLORIDA, APPROXIMATE MILE MARKER 92.5, CURRENTLY
15 HAVING PROPERTY IDENTIFICATION NUMBER 00089490-000000,
16 AS REQUESTED BY CEMEX CONSTRUCTION MATERIALS,
17 FLORIDA LLC, F/K/A SINGLETARY CONCRETE PRODUCTS INC.,
18 UNTIL DECEMBER 11, 2025, FOR BUILDING PERMIT ISSUANCE.
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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, on December 11, 2024,the Board of County Commissioners ("Monroe County",
35 "BOCC", "Board", or the "County") approved adoption of an ordinance (Ordinance No. 030-2024),
36 establishing the Tavernier Workforce Housing Subarea 1, pursuant to newly created Monroe
37 County Comprehensive Plan Policy 113.1.1; and
38
39 WHEREAS,pursuant to the newly created Policy 113.1.1, the Tavernier Workforce Housing
40 Subarea 1 shall be eligible to receive up to eighty-six (86) ROGO allocations by means of award of
41 workforce housing early evacuation building permit allocations from Monroe County pursuant to
42 the Workforce-Affordable Housing Initiative reserved by means of a BOCC resolution; and
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I WHEREAS, pursuant to Policy 101.3.12 and Monroe County Land Development Code
2 ("LDC") Section 138-24(e), requests for workforce housing early evacuation unit allocations shall
3 require a reservation via BOCC resolution; and
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5 WHEREAS, development of said workforce housing units on the subject property shall also
6 require a Development Agreement pursuant to LDC Section 130-143, Tavernier Commercial
7 Overlay District, wherein distribution of income categories (low, very low, median and moderate)
8 for the 86 affordable workforce housing units shall be determined; and
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10 WHEREAS, the reservation of workforce housing early evacuation building permit
11 allocations for the anticipated project does not exempt the project from applicable requirements for
12 the Monroe County Comprehensive Plan, Land Development Code, Florida, Building Code, and/or
13 other regulatory requirements; and
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15 WHEREAS,the owner shall obtain all required approvals from the Monroe County Planning
16 & Environmental Resources Department for the project; and
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18 WHEREAS, the owner shall obtain building permits for the workforce housing early
19 evacuation units by December 11, 2025; if the permit for a reserved ROGO allocation housing unit is
20 not issued by that time, the allocation shall automatically revert to Monroe County;
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22 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
23 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
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25 Section 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated as if
26 fully set forth herein.
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28 Section 2. Construction and Interpretation. The Monroe County BOCC hereby ordains that
29 the interpretation of this Resolution and all provisions of the Monroe County
30 Comprehensive Plan,Florida Building Code,Florida Statutes,floodplain management
31 requirements, and Monroe County Codes whose interpretation arises out of,relates to,
32 or is interpreted in connection with this Resolution shall be liberally construed and
33 enforced in favor of the Monroe County BOCC, shall be construed in favor of the
34 Monroe County BOCC, and such interpretation shall be entitled to great weight in
35 adversarial administrative proceedings, at trial, bankruptcy, and on appeal.
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37 Section 3. The Monroe County Planning and Environmental Resources Department
38 ("Department") shall extend the reservation of eighty-six (86) affordable workforce
39 housing early evacuation building permit allocations for the project at 92501 Overseas
40 Hwy, Tavernier, Key Largo, currently having property identification number
41 00089490-000000, until December 11, 2025.
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43 Section 4. The developer must obtain the building permits for the eighty-six (86) affordable
44 workforce housing early evacuation housing units on or before December 11, 2025.
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46 Section 5. This Resolution is subject to the requirements of the Monroe County Code of
47 Ordinances, Land Development Code, Comprehensive Plan, Florida Statutes, and
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1 Florida Administrative Code,and,in addition,this Resolution shall not become legally
2 effective until the above-referenced Ordinance adopting Comprehensive Plan Policy
3 113.1.1 becomes legally effective and any and all adversarial administrative
4 proceeding(s) and/or litigation regarding said Ordinance has fully and finally
5 concluded.
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7 Section 6. The developer shall comply with:the Monroe County Comprehensive Plan, Monroe
8 County Land Development Code, Monroe County Code of Ordinances, Florida
9 Building Code, floodplain management regulations, and any and all other
10 requirements of Monroe County and/or State and/or Federal oversight agencies.
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12 Section 7. The Department and Monroe County Building Department De artment and Floodplain
13 - Management Office professional staff are hereby authorized to process expeditiously
14 permit related applications for the above referenced project when received.
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16 Section 8. No Liability. Monroe County expressly reserves and in no way shall be deemed to
17 have waived, for itself or for its o : icer s , emp oyee(s or agent(s), any sovereign,
18 governmental, and any other similar defense, immunity, exemption, or protection
19 against any suit, cause-of-action, demand, or liability.
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21 Section 9. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. If any
22: portion of this Resolution, or any part or portion thereof, is held to:be invalid or
23 unenforceable by any administrative hearing officer or court of competent jurisdiction;
24 the invalidity or unenforceability of such provision,or any p art or portion thereof,shall
25 neither limit nor impair the operation,enforceability,or validity of any other provision
26 of this Resolution,or any remaining part(s) or portion(s)thereof. All other provisions
27 of this Resolution, and remainingpart(s) or portion(s)ortion s thereof, shall continue
28 unimpaired in full force and effect.
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30 Section 10. This Resolution shall become effective as provided by law and stated above.
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32 PASSED ADOPTED by the. Board of ounty :Commissioners of Monroe County,
Florida, at a regularly scheduled public meeting held on the 11. day of December, 2024.
35 Mayor James K. Scholl Yes
36 Mayor Pro Tern Michelle Lincoln Yes
37 Commissioner Craig Cates Yes
38 Commissioner David Rice Yes
Commissioner Holly Merrill Raschein Yes
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40
41 BOARD OF COUNTY COMMISSIONERS OF MONROE
42 COUNTY, FLORIDA
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46 5, :z: ayor.James K. Scholl
47,',/°,Vys 'ATTEST: I E\\IN MADOK, CLERK
MONROE COUNTY ATTORNEY '3,
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