HomeMy WebLinkAboutResolution 113-2025 F
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2 RESOLUTION NO. 113-2025
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4 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
5 COMMISSIONERS APPROVING THE RESERVATION OF EIGHT (8)
6 MODERATE-INCOME CATEGORY AFFORDABLE ROGO
7 ALLOCATIONS FOR PROPOSED AFFORDABLE HOUSING
8 DWELLING UNITS ON PROPERTIES TO BE DETERMINED WITHIN
9 UNINCORPORATED MONROE COUNTY AS PART OF THE
10 MONROE COUNTY AFFORDABLE TOURISM HOUSING
11 PROGRAM PURSUANT TO MONROE COUNTY BOARD OF
12 COUNTY COMMISSIONERS RESOLUTION NO. 544-2024, UNTIL
13 FEBRUARY 19, 2030, FOR BUILDING PERMIT ISSUANCE.
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15 WHEREAS, Ch. 24-219, Laws of Florida(SB 1456), became effective on July 1, 2024; and
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17 WHEREAS, Ch. 24-219, § 4, Laws of Florida, provides that counties which are designated
18 as an Area of Critical State Concern ("ACSC"), and which levy both a tourist development tax
19 pursuant to F.S. 125.0104, and a tourist impact tax pursuant to F.S. 125.0108, may use any
20 accumulated surplus from such taxes collected through September 30, 2024, not to exceed $35
21 million, whether held by the county directly, or by a land authority in the county created pursuant to
22 F.S. 380.0663, for purposes of providing housing which is available to employees of private sector
23 tourism-related businesses in the county; and
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25 WHEREAS, Ch. 24-219, § 4, Laws of Florida, further provides that any housing financed
26 with funds from the surplus may be used only for purposes of providing "affordable" housing, as
27 defined in F.S. 420.0004, for a period of no less than 99 years; and
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29 WHEREAS, pursuant to F.S. 420.0004, for one or more natural persons or a family, the total
30 annual adjusted gross household income must be less than 120 percent of the median annual adjusted
31 gross income for households within the state; and
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33 WHEREAS,Ch.24-219, §4,Laws of Florida,further provides that expenditure of such funds
34 is subject to approval by a majority vote of the BOCC; and
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36 WHEREAS, in anticipation of Ch. 24-219, Laws of Fla., becoming law, on May 15, 2024,
37 the Board of County Commissioners ("BOCC", "Monroe County", or the "County")passed Monroe
38 County Ordinance No. 018-2024,which authorized the "accumulated surplus" funds to be transferred
39 to an account to be held directly by the County or Land Authority and authorized for use in accordance
40 with state law; and
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I WHEREAS, within said Ordinance, the BOCC stated that"[t]he BOCC will adopt a policy
2 or resolution setting forth the process for distribution and expenditure of accumulated funds for
3 affordable housing in accordance with the conditions as set forth in SB 1456"; and
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5 WHEREAS, on December 11, 2024, the Monroe County Board of County Commissioners
6 adopted Resolution No.544-2024,establishing the Monroe County Affordable Tourism Housing Program
7 (the"Program"); and
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9 WHEREAS,pursuant to Resolution No. 544-2024,the Program will provide financial assistance
10 for the purchase, construction, or redevelopment of affordable housing residential units; and
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12 WHEREAS,Monroe County Land Development Code("LDC") Section 138-24(b)(4) allows the
13 Monroe County Board of County Commissioners to authorize reservations for "Specific affordable or
14 employee housing programs sponsored by the county pursuant to procedures and guidelines as may be
15 established from time to time by the BOCC,` and
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17 WHEREAS, the reservation of affordable housing allocations for the anticipated units does not
18 exempt these units from applicable requirements for the Monroe County Comprehensive Plan and
19 Code(s), the Florida Building Code, floodplain management regulations, and other like requirements;
20 and
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22 WHEREAS, all required approvals from the Monroe County Planning & Environmental
23 Resources and Building Departments shall be obtained for the subject units; and
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25 WHEREAS, permits shall be obtained for the subject affordable housing dwelling units by
26 February 19, 2030, but if the permit for a reserved ROGO allocation housing unit is not issued by that
27 time,the allocation shall automatically revert back to the County's affordable housing allocation pool by
28 operation of law;
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30 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
31 COMMISSIONERS OF MONROE COUNTY,FLORIDA:
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33 Section 1. The foregoing title, recitals, findings of fact, and conclusions of law are true and
34 correct and are hereby incorporated as if fully set forth herein.
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36 Section 2. The Monroe County Planning & Environmental Resources Department shall reserve
37 eight(8) moderate income category affordable ROGO allocations, for development, redevelopment, or deed
38 restriction of existing housing as affordable housing dwelling units on properties to be determined within
39 unincorporated Monroe County as part of the Monroe County Affordable Tourism Housing Program pursuant
40 to Monroe County Board of County Commissioners Resolution No. 544-2024,until February 19, 2030.
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42 Section 3. The Monroe County Board of County Commissioners shall approve by future
43 resolution the specific property(ies) on which each of the eight(8)reserved allocations shall be used.
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45 Section 4. Building permits for the subject eight (8) affordable housing units must be obtained
46 on or before February 19, 2030.
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48 Section 5. The developer shall comply with all provisions of the Monroe County Code(s),
49 Monroe County Comprehensive Plan, Florida Building Code, and shall comply with all applicable floodplain
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1 management regulations, and any other supervisory and/or oversight agencies and their respective regulatory
2 requirements.
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4 Section 6. The professional staff of the Monroe County Planning & Environmental:Resources
5 Department and Building Department are hereby authorized to expeditiously permit related
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6 applications for the above referenced project(s)when received.
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8 Section 7. Construction and Interpretation.The construction and interpretation of this
9 Resolution and all provision(s) of the Monroe County Comprehensive Plan, Florida Building Code, Florida
10 Statutes, and Monroe County Code(s) whose interpretation'retation arises out of, relates to, or is interpretedin
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11 connection with this Resolution shall be liberally construed and enforced in favor of the Monroe County
12 BOCC, and shall be deferred in favor of the BOCC and such construction and interpretation shall be entitled
13 to great weight in adversarial administrative proceedings,at trial,bankruptcy,and on appeal.
15 Section 8. No Liability. Monroe County expressly reserves and in no way shall be deemed to
16 have waived, for itself or for its officer(s), lo ee s or a ent(s. any sovereign, governmental, and any
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17 other similar defense, immunity, exemption, orprotection against any suit, cause-of-action, demand or
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18 liability.
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20 Section 9. Severability.If any provision of this resolution,or any part or portion thereof,is held
.1 to be invalid or unenforceable by any administrative hearing officer or court of competent jurisdiction, the
22 invalidity or unenforceability of such provision, or any part or portion thereof, shall neither limit nor impair
23 the operation, enforceability, or validity of any other provision of this resolution, or any remaining part(s) or
24 portion(s) thereof. All other provisions of this resolution, and remaining part(s) or portion(s) thereof, shall
25 continue unimpaired in full force and effect.
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27 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,Florida, at a
28 regular meeting held on February 19,2025.
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30 K. Scholl Yes
' Mayor. James
31 � � � � Mayor Pao.Tern Michelle Lincoln:
• Yes
32 Commissioner Craig Cates Yes
33
Commissioner David Rice: : Yes
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34 Commissioner Holly Merrill Raschein Yes
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36.. BOARD OF COUNTY COMMISSIONERS
ico37 OF MO►.ir.'OECOUNTY, F A RI�
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40 �..-<..r,.__1 Mayor James K. Scholl
4 r1�::°•r' d��l(SEAL) r ��,o .
�r42: ATTEST KEVIN MADOK, CLERK 3
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