HomeMy WebLinkAboutItem J13 J13
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor James K.Scholl,District 3
The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2
Craig Cates,District 1
David Rice,District 4
Holly Merrill Raschein,District 5
Board of County Commissioners Meeting
August 20, 2025
Agenda Item Number: J13
2023-4336
BULK ITEM: Yes DEPARTMENT: Planning & Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Devin Tolpin
AGENDA ITEM WORDING:
Approval of a Resolution, Requested by the Monroe County Board of County Commissioners,
Approving the Reservation of Nineteen (19) Affordable Workforce Early Evacuation Building Permit
("ROGO")Allocations for Proposed Affordable Workforce Housing Dwelling Units at 23038 Overseas
Highway, Cudjoe Key, Monroe County, Currently Having Parcel Identification Nos. 00187650-000000,
00187680-000000, 00187690-000000, and 00187700-000000, Until February 22, 2027, For Building
Permit Issuance. TIME APPROXIMATE 1:30 P.M.
ITEM BACKGROUND:
The Monroe County BOCC (the "Applicant", "owner", or "developer") is requesting the reservation of
nineteen (19) affordable early evacuation workforce housing allocations for the Applicant's project as
part of the Monroe County Affordable Tourism Housing Program, on that certain real property located
at 23038 Overseas Highway, Cudjoe Key, Monroe County, currently having Parcel Identification Nos.
00187650-000000, 00187680-000000, 00187690-000000, and 00187700-000000 ("Property"). The
Applicant has requested said reservation for eighteen (18) months from the date of approval of the
requested reservation.
Monroe County Land Development Code ("LDC") Section 138-24(b) allows the BOCC to reserve by
resolution some or all of the available affordable housing allocations or available affordable workforce
housing early evacuation unit building permit allocations for award to certain sponsoring agencies or
specific housing programs consistent with all other requirements of the chapter.
LDC Section 138-24 states that workforce housing early evacuation unit allocations shall be distributed
on a first-come first-serve basis.
The reservation of workforce housing early evacuation building permit allocations for the anticipated
project does not exempt the project from applicable requirements for the Monroe County Codes,
Comprehensive Plan, Florida Building Code, and/or other regulatory requirements, and the owner shall
obtain all required approvals for the project.
3363
The proposed reservation shall require the developer to obtain building permits for the workforce
housing early evacuation units by February 22, 2027; if the permit for a reserved ROGO allocation
housing unit is not issued by that time, the allocations shall revert to the County.
PREVIOUS RELEVANT BOCC ACTION:
On December 11, 2024, the Board of County Commissioners ("BOCC") passed and adopted BOCC
Resolution No. 544-2024, establishing the Monroe County Affordable Tourism Housing Program for
purposes of funding affordable housing development projects which provide affordable housing
available to employees of private sector tourism-related businesses in the County in accordance with
Chapter 24-219, Section 4, Laws of Fla.
On June 18, 2025, the BOCC passed and adopted BOCC Resolution No. 228-2025, approving funds for
the entire project for up to 19 units which will be designated for employees of private sector tourism-
related businesses, on the Property.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval of Reservation of Nineteen (19)Affordable Workforce
Early Evacuation ROGO Allocations.
DOCUMENTATION:
Workforce Housing Early Evacuation Unit Allocation Reservation Requests_Table.docx
Unit Request Letter 06.04.2025.pdf signed.pdf
Reso.544-2024 Affordable Tourism Housing Program.pdf
Resolution 228-2025.Advance.pdf
BOCC_Reso_19_Units_Reservation_Request_Cudj oe_Key.pdf
FINANCIAL IMPACT:
N/A
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Workforce Housing Early Evacuation Unit Allocation Reservation Requests
**Workforce housing early evacuation unit allocations shall be distributed on a first-come first-serve basis.
Requests for dwelling units developed and/or deed-restricted utilizing the workforce housing early
evacuation unit allocations are subject to the provisions of Policy 101.3.12 and „S„e„cfti„o„irp
Order Name of City; Address of Request Units Number of Units Subarea
Received Requesting Property Received Available Units Remaining
Party at time of Requested if
Request Approved
1 Bart Smith/ Tavernier 92501 11/22/2024 300 86 214 Upper
'Request VC Overseas
approved Tavernier Highway
1211112024
2 Monroe Marathon 490 63rd Street 6/4/2025 214 19 195 Middle
Count
3 Monroe Cudjoe 23038 6/4/2025 195 19 176 Lower
County Key Overseas
Highway
4 Monroe Key Largo 95295 6/25/2025 176 28 148 Upper
County Overseas
Highway
5 Natalie Big 307 Overseas 7/2/2025 148 2 146 Lower
Mclntr e Coppitt Highway
6 Gorman& Key Largo 95325-95351 7/16/2025 146 176 0 Upper
Company Overseas
Highway
3365
gym , BOARD OF COUNTY COMMISSIONERS
County of Monroe �� r Mayor James K.Scholl,District 3
The Florida Keys � Mayor Pro Tem Michelle Lincoln,District 2
C Craig Cates,District 1
" - David Rice,District
Holly Merrill Raschein,District 5
Office of the County Administrator
The Historic Gato Cigar Factory
1100 Simonton Street, Suite 205
Key West, FL 33040
(305) 292-4441 —Phone
(305) 292-4544 —Fax
June 4, 2025
Ms. Tolpin and Ms. Stankiewicz,
This letter shall serve as the request from Monroe County to reserve thirty-eight(38)affordable workforce
housing early evacuation unit allocations for two (2) County-initiated affordable housing projects
approved to receive from the Monroe County Affordable Tourism Housing Program(the"Program"). The
two (2)projects requesting the allocations are as follows:
1. Marathon Project:
Location: 490 63rd Street, Marathon, FL,
Legal Description:Lots 1,2, 3,and 4,Block B, Sheryl Subdivision No.2, a subdivision
according to the plat thereof as recorded in Plat Book 4,Page 43, of the Public Records
of Monroe County
Parcel ID: 00339920-000000
Request: 19 allocations
2. Cudjoe Project:
Location: 23038 Overseas Highway, Cudjoe Key, FL
Legal Description: Lots 1 through 6, Block 3, Cudjoe Ocean Shores, according to the
plat thereof as recorded in Plat Book 5, Page 107, of the Public Records of Monroe
County
ParcellD: 00187650-000000, 00187680-000000, 00187690-000000 AND 00187700-
000000
Request: 19 allocations
The County is requesting the reservation for both projects be granted for eighteen (18) months to allow
sufficient time to complete design and the permitting process.
The County is requesting the reservations pursuant to LDC Section 138-24(b):
Reservation of affordable housing allocations. Notwithstanding the provisions of Section 138-26 for
awarding of affordable housing allocations or workforce initiative (workforce housing early evacuation
unit) allocations, the BOCC may reserve by resolution some or all of the available affordable housing
allocations or available workforce initiative allocations for award to certain sponsoring agencies or
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specific housing programs consistent with all other requirements of this chapter. Building permits for
these reserved allocations shall be picked up within six months of the effective reservation date, unless
otherwise authorized by the BOCC in its resolution. The BOCC may, at its discretion, place conditions
on any reservation as it deems appropriate. These reservations may be authorized by the BOCC for:
(1) The county housing authority, nonprofit community development organizations, pursuant
to Section 139-1(e), and other public entities established to provide affordable housing by entering
into a memorandum of understanding with one or more of these agencies;
The County is partnering with the Monroe County Housing Authority (MCHA)for both the Marathon
Project and Cudjoe Project. For the Marathon Project, the County owns the property which is currently
used for Fire Department storage. The property will be leased to the MCHA who will act as the
development and management partner.
With respect to the Cudjoe Project, Monroe County is under contract with the property owner to purchase
the property with Monroe County Land Authority acting as the agent for acquisition. Once purchased,
the property will be leased to the MCHA who will act as the development and management partner.
(2) Specific affordable or employee housing projects participating in a federal/state housing
financial assistance or tax credit program or receiving some form of direct financial assistance from
the county upon written request from the project sponsor and approved by resolution of the BOCC;
The Marathon Project and Cudjoe Project both received directfinancial assistance from the County when
they received approval for funding from the Program pursuant to Resolutions 190-2025 and 196-2025,
respectively.
(3) Specific affordable or employee housing projects sponsored by nongovernmental not-for-profit
organizations above upon written request from the project sponsor and approved by resolution of the
BOCC;
(4) Specific affordable or employee housing programs sponsored by the county pursuant to
procedures and guidelines as may be established from time to time by the BOCC;
On May 15, 2024 the BOCC approved Ordinance No. 018-2024 which authorized "accumulated surplus"
funds of the Tourist Development and Tourist Impact Tax revenues to be transferred to an account to be
held directly by the County or Land Authority for use in accordance with provisions of SB 1456 with
adoption of a policy or resolution setting forth the process for distribution and expenditure of the
accumulated funds to be approved by the Board at a later date.
On December 11, 2024 the BOCC approved Resolution 544-2024 establishing the Monroe County
Affordable Tourism Housing Program (the "Program') and setting forth the program qualifications,
restrictions, and conditions for funding affordable housing projects utilizing the accumulated surplus
Tourist Development Tax and Tourist Impact Tax revenues collected through September 30, 2024, in an
amount not to exceed$35 million for the purpose ofproviding housing that is available to employees of
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private sector tourism-related businesses in the County in accordance with Ch. 2024-219, Laws of
Florida.
Both the Marathon Project and Cudjoe Project both received direct financial assistance from the County
when they received approval for funding from the Program pursuant to Resolutions 190-2025 and 196-
2025, respectively.
(5) Specific affordable or employee housing projects by any entity, organization, or person, contingent
upon transfer of ownership of the underlying land for the affordable housing project to the county, a not-
for-profit community development organization, or any other entity approved by the BOCC,upon written
request from the project sponsor and approved by resolution of the BOCC; or
(6) Rental employee housing projects situated on the same parcel of land as the nonresidential workplace
for the tenants of these projects,upon written request from the property owner and approved by resolution
of the BOCC; or
(7)Workforce initiative housing projects,pursuant to Policy 101.3.12 and Section 138-24(c),that require
occupants to evacuate in Phase 1 of the 48-hour evacuation of a pending major hurricane, are restricted to
rental occupancy, and for those who derive at least 70% of their income as members of the workforce in
Monroe County and who meet the affordable housing income categories of the Monroe County Land
Development Code.
Thank you for your consideration.
Sincerely,
Christine Hurley, AICP
Monroe County Administrator
CH/cc
ENCL:490 63rd Street Marathon Project, Resolution 190-2025
23038 Overseas Highway, Cudjoe Project, Resolution 196-2025
Resolution 544-2024 establishing the Monroe County Affordable Tourism Housing Program
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RESOLUTION NO. 544 -2024
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, ESTABLISHING THE MONROE
COUNTY AFFORDABLE TOURISM HOUSING PROGRAM FOR
PURPOSES OF FUNDING AFFORDABLE HOUSING DEVELOPMENT
PROJECTS WHICH PROVIDE AFFORDABLE HOUSING AVAILABLE
TO EMPLOYEES OF PRIVATE SECTOR TOURISM-RELATED
BUSINESSES IN THE COUNTY IN ACCORDANCE WITH CH. 24-219, §
4, LAWS OF FLA.; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Ch. 24-219, Laws of Fla., (SB 1456) became effective on July 1, 2024; and
WHEREAS, Ch. 24-219, § 4, Laws of Fla., provides that counties, which are designated
as an Area of Critical State Concern (ACSC), and which levy both a tourist development tax
pursuant to F.S. 125.0104, and a tourist impact tax pursuant to F.S. 125.0108, may use any
accumulated surplus from such taxes collected through September 30, 2024, not to exceed $35
million, whether held by the county directly, or by a land authority in the county created pursuant
to F.S. 380.0663, for purposes of providing housing which is available to employees of private
sector tourism-related businesses in the county; and
WHEREAS, Ch. 24-219, § 4, Laws of Fla., further provides that any housing financed
with funds from the surplus may be used only for purposes of providing "affordable" housing, as
defined in F.S. 420.0004, for a period of no less than 99 years; and
WHEREAS, pursuant to F.S. 420.0004, for one or more natural persons or a family, the
total annual adjusted gross household income must be less than 120 percent of the median annual
adjusted gross income for households within the state; and
WHEREAS, Ch. 24-219, §4,Laws of Fla.,further provides that expenditure of such funds
is subject to approval by a majority vote of the BOCC; and
WHEREAS, in anticipation of Ch. 24-219, Laws of Fla.,becoming law, on May 15, 2024,
the Board of County Commissioners (BOCC)passed Monroe County Ordinance 018-2024,which
authorized the "accumulated surplus" funds to be transferred to an account to be held directly by
the County or Land Authority and authorized for use in accordance with state law; and
WHEREAS,within said Ordinance,the BOCC stated that"[t]he BOCC will adopt a policy
or resolution setting forth the process for distribution and expenditure of accumulated funds for
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affordable housing in accordance with the conditions as set forth in SB 1456"; and
WHEREAS, the BOCC wishes to adopt through resolution a policy setting forth the
program parameters, restrictions, and conditions for evaluation of potential affordable housing
projects which qualify for this funding and the subsequent distribution and expenditure of the
accumulated funds for selected affordable housing projects in accordance with the requirements
as set forth in Ch. 24-219, § 4, Laws of Fla.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
SECTION 1: RECITALS AND LEGISLATIVE INTENT. The foregoing recitals and
statements of legislative intent are true and correct and are hereby incorporated as if fully set forth
herein.
SECTION 2: PURPOSE AND INTENT. The Monroe County Affordable Tourism
Housing Program ("Program") is hereby established. The purpose and intent of the Program is to
facilitate the purchase, development, construction, and/or rehabilitation of affordable housing
projects which meet the Program guidelines and requirements as set forth in this Resolution,which
may be amended from time to time.
SECTION 3: DEFINITIONS.
(A) Affordable shall have the same meaning as § 420.0004, Florida Statutes.
(B) BOCC shall mean the Monroe County Board of County Commissioners.
(C) Land Use Restriction Agreement (L URA) shall mean a deed restriction restricting
the units purchased, developed or rehabilitated using funding from this Program
as affordable for a period of no less than 99 years.
(D) Private Sector Tourism-Related Businesses shall mean those businesses physically
located and operating within Monroe County, and who fall within one (1) or more
of the following 2022 North American Industry Classification System (NAILS)
Categories:
1. Sector 71. Arts, Entertainment, and Recreation.
2. Sector 72. Accommodation and Food Services.
3. Subsector 487 of Sector 48-49. Scenic and Sightseeing Transportation.
(E) Program shall mean the Monroe County Affordable Tourism Housing Program.
(F) Project(s) shall mean affordable residential housing consisting of one (1) or more
residential dwelling unit(s) and which meet the Program requirements.
(G) Qualified Employees shall mean employees of private sector tourism-related
businesses who meet the affordable income qualifications and who possess no
ownership interest in a residential property in Monroe County or the contiguous
counties of Miami-Dade and Collier counties.
(H) Surplus funds shall mean accumulated excess of revenue in an amount not to
exceed $35,000,000.00.
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SECTION 4: PROGRAM GUIDELINES. The Program will provide financial
assistance for the purchase, construction, or redevelopment of affordable housing Projects subject
to the following guidelines:
(A)Types of Projects
1. The following types of projects will be considered for complete or partial
funding:
a. New construction of residential dwelling unit(s);
b. Rehabilitation of residential dwelling unit(s);
c. Purchase of existing parcel(s), developed or undeveloped;
d. Purchase of existing residential unit(s) or development(s); and/or
e. A mix of any of the above.
(B)Types of Residential Units.
1. Projects should include the following type(s) of housing units, in order of
preference:
a. studio/efficiency apartment(s);
b. 1 bedroom / 1 bathroom apartment(s);
c. 2+bedroom/bathroom apartment(s); and/or
d. Family type units with multiple bedroom/bathrooms.
2. Projects with multiple residential units may include a mix of these types of
residential units.
(C)Types of Qualified Employees
1. Projects should prioritize the following type(s) of Qualified Employees,
subject to affordability criteria, in order of preference:
a. Single employees;
b. Employees with dependents;
c. Entry-level employees; and/or
d. Managers.
(D)Additional Considerations.
1. Any and all Projects which involve one or more of the following will be
given greater weight in consideration:
a. Projects which propose partnerships with existing governmental
entities, i.e., Key West Housing Authority, Monroe County
Housing Authority, Monroe County Land Authority;
b. Projects which propose partnerships with existing non-profits that
have demonstrated the ability to develop affordable housing in
Monroe County, meaning who have developed at least ten (10)
affordable housing units over the past 5 years;
c. Scattered site(s) developments which utilize existing scarified
single-family lots that have no protected habitat;
d. Projects which propose allowing Monroe County to utilize the
rental income, after necessary deductions for administration,
building reserves, etc., for inclusion in a separate interest-bearing
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3371
account to be used in the future to provide additional affordable
housing within Monroe County.
2. The following types of Projects shall not be funded:
a. Projects which are already funded and required to provide
affordable housing; and/or
b. Projects required to be built pursuant to inclusionary housing
requirements and/or development approvals linked to a market-
rate and/or commercial project.
3. Projects which shall also be considered, in no order of preference:
a. Public-Private Partnerships (P3s); and/or
b. Purchase of existing residential dwelling developments with a
county lease back to original owner for management and lease
with required LURA restrictions on the subject property.
SECTION 5: REQUIREMENTS. Any and all Projects selected for funding by Monroe
County are subject to the following requirements:
(A)Application to Monroe County for funding;
(B)Encumbrance of funding for a specific Project is subject to approval of a majority
vote of the BOCC by separate Resolution;
(C)Prior to distribution of funds, recording of a LURA drafted and provided by the
Monroe County Attorney's Office;
(D)No amount of the funding in this program may be used to develop commercial
property;
(E) Only rental residential dwelling unit(s) shall be considered;
(F) Any other requirements in this Resolution, as may be amended from time to time;
and
(G)Any other requirements as may be outlined in the specific project funding
Resolution, as may be amended from time to time.
SECTION 6: COUNTY GUIDELINES.
(A)The County Administrator shall facilitate the Program and delegate responsibilities
of the Program to county staff as deemed necessary in his/her sole discretion,which
should include, but not necessarily be limited to, an application process and a
webpage. County Administrator may enlist third-party reviewers or administrators
for income and employment verification.
(B)Application package should include, at a minimum:
1. Detailed description of the project, including address/Parcel ID and
business plan, if applicable;
2. Included or potential building plans, if any;
3. Any current land restrictions;
4. Amount of funding requested and detailed documentation to support
request.
(C)Staff shall review and evaluate Project applicants and provide a written
recommendation to the BOCC for approval/disapproval of funding along with a
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draft Resolution, if applicable. Staff may, in its discretion, seek additional
information from the applicant(s)prior to finalizing staff recommendations.
(D)When reviewing and evaluating Projects, staff should consider allocation of the
surplus funds by the percentage of total funding earned within the geographical
boundaries of the tax collection districts as defined in Monroe County Code of
Ordinances Chapter 23, Article VI.
(E)Funding shall only be issued after a project has received building permits and all
funding needed to complete the project has been approved as demonstrated by loan
commitments, to assure the project can be completed.
SECTION 7: TENANT ELIGIBILITY.
(A)Only Qualified Employees who meet the affordable income qualifications in §
420.0004, Florida Statutes, shall be eligible to apply for rental of any residential
dwelling unit(s)purchased and/or funded by this Program.
(B)Tenants will be required to submit proof of eligibility at the time of application and
again at the time of annual lease renewal.
(C)Only one full-time resident of the household needs to be, and remain, an employee
of a private sector tourism-related business for the household to qualify. All
members of the household must meet the affordable income limits, according to the
local government affordable housing regulations, which differ amongst local
governments in the county.
SECTION 8: TENANT LEASE TERMS. Any and all leases to tenant(s) for dwelling
unit(s)purchased and/or funded by this Program shall meet the following requirements:
(A)Shall be in writing;
(B)Shall reference the LURA;
(C)Any and all rental leases to tenant(s) shall be for a period of one (1)year.
(D)Lease may only be renewed subject to the BOCC's rules of the Program which
include, but are not limited to, tenant income and employment eligibility.
(E)Lease shall include an early termination provision in the event the qualified
applicant(s) is/are no longer eligible.
(F) Maximum monthly rental rates shall not exceed the applicable annual Monroe
County Maximum Monthly Rental Rates unless the rental residential dwelling
unit(s)is/are located within the physical geographical boundaries of the City of Key
West, Marathon, or Islamorada. In that case, the tenant shall be subject to the City
of applicable Cities' Maximum Monthly Rental Rates for the respective income
category.
SECTION 9: CONSTRUCTION AND INTERPRETATION. This Resolution, being
necessary for the health, safety, and welfare of the residents of and visitors to Monroe County,
shall be liberally construed to effect(uate) the public purpose(s) hereof. Interpretation of this
Resolution shall be construed in favor of the Monroe County Board of County Commissioners,
and such construction and interpretation shall be entitled to great weight in adversarial
administrative proceedings, at trial, in bankruptcy, and on appeal.
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SECTION 10: NON-RELIANCE_BY NON-PARTIES AND NO THIRD-PARTY
RIGHTS OR BENEFICIARIES. Nothing contained herein shall create or be construed :or
interpreted to create any relationship,contractual or otherwise,with,or any rights in favor of, any
third party. No person or,entity shall be entitled to rely upon this Resolution or any provision
hereof to enforce or attempt to enforce any claim or entitlement to or benefit of any service or,
program contemplated hereunder.
SECTION.11: SECTION HEADINGS. Section headings have been inserted into this
Resolution as a matter of convenience for reference only,and shall not be used in the interpretation
or construction of this Resolution or any part thereof.
SECTION 12: NO LIABILITYY. Monroe County expressly reserves and in no way shall
be deemed to have waived,for itself or for its officer(s), employee(s), or agent(s), any sovereign,
governmental, and other similar defense, immunity; exemption, or protection against any suit,
cause-of-action, demand, or liability.
SECTION 13 SEVERABILITY. If any provision of this Resolution, or any part or
portion thereof, is held to be invalid or unenforceable by.any administrative hearing officer or
court of competent jurisdiction,the invalidity or unenforceability of such provision, or any part or
portion thereof, shall neither limit or impair the operation, enforceability;or validity of any other
provision of this Resolution,or any remaining part(s)or 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.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
=at a regular meeting of said board on the 1 l th day of December 2024.
Mayor James K. Scholl Yes
Mayor Pro Tern Michelle Lincoln Yes
Commissioner Craig Cates Yes
Commissioner David Rice Yes _ .s
Commissioner Holly Merrill Raschein Yes
(SEAL) '
BOARD OF COUNTY COMMISSIONERS'
g 11�TTES1EVIN MADOK,CLERK OF MONROE COUNTY,FLORIDA
B
y:
DE UTY CLERK AYOR/CHAIRPERSON
APPROVED AS TO FORM&LEGAL SUFFICIENCY
Monr a ounty Attorney's Office
thalia Melues'Archei
Ass tant County Attorney
Page 6 of 6
3374
RESOLUTION NO. 228 -2025
A RESOLUTION OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING $900,000.00 FOR
CONSTRUCTION FUNDING OF THE $9,582,900.00 FROM THE
MONROE COUNTY AFFORDABLE TOURISM HOUSING
PROGRAM APPROVED BY BOCC RESOLUTION NO. 196-2025
GRANTED TO MONROE COUNTY HOUSING AUTHORITY FOR
THE DEVELOPMENT 18 UNITS, HEREBY INCREASED FOR UP
TO 19 UNITS WHICH WILL BE DESIGNATED FOR
EMPLOYEES OF PRIVATE SECTOR TOURISM-RELATED
BUSINESSES IN ACCORDANCE WITH MONROE COUNTY
RESOLUTION 544-2024 ON PROPERTY LEGALLY DESCRIBED
AS A LOTS 1 THROUGH 6, BLOCK 3, OCEAN SHORES
SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 5, PAGE 107, OF THE PUBLIC
RECORDS OF MONROE COUNTY WITH PARCEL ID #
00187650-000000,00187680-000000,00187690-000000 AND 00187700-
000000; SUBJECT TO A LAND USE RESTRICTION
AGREEMENT (LURA); AND AUTHORIZING THE MAYOR TO
EXECUTE DOCUMENTS IN SUPPORT OF THE PROJECT.
WHEREAS, as evidenced by Monroe County Board of County Commissioners (BOCC)
Resolution 196-2025, approved on May 21, 2025, the Monroe County Housing Authority
(MCHA) has requested $9,582,900.00 from the Monroe County Affordable Housing Tourism
Program (hereinafter "the Program") to acquire the parcels and develop 18 new affordable
housing units on land located at 23038 Overseas Highway, Cudjoe Key, legally described as Lots
1 through 6, Block 3, Cudjoe Ocean Shores, according to the plat thereof as recorded in Plat
Book 5, Page 107, of the Public Records of Monroe County with Parcel ID Nos. 00187650-
000000, 00187680-000000,00187690-000000 and 00187700-000000 (Subject Property); and
WHEREAS, of the $9,582,900.00, the County disbursed $1,670,000.00 when the Monroe
County Land Authority (MCLA) negotiated a purchase contract on the Board's behalf pursuant
to an interlocal agreement between MCLA and the County authorizing MCLA to act as
purchasing agent for the Monroe County Affordable Tourism Housing Program which was
approved at the May 21, 2025 Board of County Commissioners meeting; and
WHEREAS,MCHA is in the process of developing site plans for the Subject Property and
is considering the potential to develop up to 19 new affordable housing units on the Subject
Property; and
WHEREAS, MCHA has requested $900,000.00 be disbursed upon passage of this
resolution and the remaining $7,912,900.00 be disbursed upon receipt from MCHA and approval
by the County's Senior Director of Planning and Environmental Resources, or her designee, the
following:
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1. a written loan commitment (if required) from a lender for the entire project cost; and
2. a proforma showing the entire project cost, certified by a licensed design engineer or
architect; and
3. written confirmation from the County indicating permits are ready for issuance for up to
the 19 new units; and
4. Proof of recorded Land Use Restriction Agreement (LURA), to be drafted and provided
by the Monroe County Attorney's Office, restricting use of the Subject Property to
affordable housing in accordance with F.S. 420.0004 and the Monroe County Affordable
Tourism Housing Program, for 99 years.
WHEREAS, Ch. 24-219, § 4, Laws of Fla., provides that counties, which are designated
as an Area of Critical State Concern (ACSC), and which levy both a tourist development tax
pursuant to F.S. 125.0104, and a tourist impact tax pursuant to F.S. 125.0108, may use any
accumulated surplus from such taxes collected through September 30, 2024, not to exceed $35
million, whether held by the county directly, or by a land authority in the county created pursuant
to F.S. 380.0663, for purposes of providing housing which is available to employees of private
sector tourism-related businesses in the county; and
WHEREAS, Ch. 24-219, § 4, Laws of Fla., further provides that any housing financed
with funds from the surplus may be used only for purposes of providing "affordable" housing, as
defined in F.S. 420.0004, for a period of no less than 99 years for employees of private sector
tourism-related businesses as defined in Monroe County Resolution 544-2024; and
WHEREAS, on May 21, 2025 at a regular BOCC meeting, the Board has determined
that it should utilize tourist development tax revenue from two District Advisory Committees
(DAC) consisting of $6,868,243.00 from DAC 1 and $2,714,657.00 from DAC 2 toward the
acquisition of the subject property and subsequent construction of affordable housing on Cudjoe
Key as approved by BOCC Resolution 196-2025; and
WHEREAS, the MCHA has plans to develop up to 19 new affordable housing units for
income eligible households whose income does not exceed 120 percent of the Area Median
Income in accordance with F.S. 380.0666(3)(a). The amount of units is to be determined after
MCHA obtains development approval from the County; and
WHEREAS, the Board of County Commissioners considered this resolution at a meeting
held on June 18, 2025.
NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS:
Section 1. The above recitals are true and correct and incorporated herein.
Section 2. The County disbursed $1,670,000.00 for acquisition of the Subject Property pursuant
to a purchase contract negotiated by the Monroe County Land Authority (MCLA) on the Board's
behalf pursuant to an interlocal agreement between MCLA and the County authorizing MCLA to
Page 2 of 4
3376
act as purchasing agent for the Monroe County Affordable Tourism Housing Program which was
approved at the May 21, 2025 Board of County Commissioners meeting.
Section 2. The County will disburse $900,000.00 upon adoption of this resolution.
Section 3. The County will disburse the remaining $7,912,900.00 upon receipt from MCHA and
approval by the County's Senior Director of Planning and Environmental Resources, or her
designee, the following:
1. a written loan commitment(if required) from a lender for the entire project cost; and
2. a proforma showing the entire project cost, certified by a licensed design engineer or
architect; and
3 written confirmation from the County indicating permits are ready for issuance for up to
19 new units; and
4. Proof of recorded LURA pursuant to section 4 below.
Section 4. Upon acceptance of $900,000.00, the MCHA shall sign and record a Land Use
Restriction Agreement (LURA) to be drafted and provided by the Monroe County Attorney's
Office, restricting use of the Subject Property to affordable housing in accordance with F.S.
380.0666(3)(a) in perpetuity.
Section 5. The Mayor and County Administrator are hereby authorized to execute documents in
support of MCHA's funding.
Section 6. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting held on the 18t" day of June, 2025.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURES ON THE FOLLOWING PAGE
Page 3 of 4
3377
_Mayor James K. Scholl, District 3 Yes
Mayor Pro Tein Michelle Lincoln,District 2 Yes
Commissioner Craig Cates, District I Absent
Commissioner David Rice, District 4 Yes
Commissioner Holly Merrill Raschein,District Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY,FLORIDA
By:
YOR JAMES SCHOLL
�.,X
9 y,j A, T $ �4I VIN IVIAD()K, CLERK MONROE COUNTY ATTORNEY
F a Approved for form and legal sufficiency
fl e A Rc}bert:B Digitally signed by Robert B.
Yp J w v Shillinger,Jr.
B S h i l l i n g e r,Jr. Date:2025.06.23 14:08:26-04'00'
y;
`".. A9 Deputy Clerk Robert Shillinger, Jr., County Attorney
r
..
Page 4 of 4
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F
11
1 rw w„yd ri
2 RESOLUTION NO. -2025
3
4 A RESOLUTION APPROVING THE RESERVATION OF NINETEEN
5 (19)WORKFORCE HOUSING EARLY EVACUATION AFFORDABLE
6 ALLOCATIONS PURSUANT TO MONROE COUNTY
7 COMPREHENSIVE PLAN POLICY 101.3.12 AND MONROE COUNTY
8 LAND DEVELOPMENT CODE SECTION 138-24 FOR PROPOSED
9 AFFORDABLE WORKFORCE HOUSING DWELLING UNITS ON
10 PROPERTY LOCATED AT 23038 OVERSEAS HIGHWAY, CUDJOE
11 KEY, MONROE COUNTY, DESCRIBED AS LOTS 1 THROUGH 6,
12 BLOCK 3, OCEAN SHORES SUBDIVISION, ACCORDING TO THE
13 PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 107, OF
14 THE OFFICIAL RECORDS OF MONROE COUNTY, CURRENTLY
15 HAVING PARCEL IDENTIFICATION NUMBERS 00187650-000000,
16 00187680-0000001 00187690-000000 AND 00187700-000000, AS
17 REQUESTED BY THE MONROE COUNTY BOARD OF COUNTY
18 COMMISSIONERS (`BOCC") IN PARTNERSHIP WITH THE
19 MONROE COUNTY HOUSING AUTHORITY ("MCHA"), UNTIL
20 FEBRUARY 22, 2027, FOR BUILDING PERMIT ISSUANCE.
21
22
23 WHEREAS,the State of Florida and all local governments in the Florida Keys (each subject
24 to Area of Critical State Concern mandates relating to housing affordability) recognize the need for
25 affordable housing throughout the state and particularly in the Florida Keys where developable land
26 for housing is extremely limited and expensive; and
27
28 WHEREAS,the challenge of providing affordable housing opportunities in the Florida Keys
29 is one requiring sensible and responsive use of residential unit allocations, including implementation
30 of long-term preservation mechanisms; and
31
32 WHEREAS, due consideration should be given to relevant factors such as the capacity for
33 allocation recipients to promptly transform allocation awards/reservations into finished and occupied
34 affordable/workforce housing units; and
35
36 WHEREAS, on August 20, 2025, Monroe County Board of County Commissioners
37 ("Monroe County", "BOCC", "Board", "owner", "developer" or the "County") was to consider
38 and/or is considering adoption of an Ordinance, amending Monroe County Year 2030
39 Comprehensive Plan ("Comprehensive Plan") Policies 101.2.2, 101.2.4, 101.3.1, 101.3.2, 101.3.3,
40 101.3.4, 101.3.10, 101.3.11, 101.3.12, 601.1, 601.1.1, 601.1.2, 601.1.8, 601.1.11, and 601.5.1,
41 providing for transmittal to the State Land Planning Agency and the Secretary of State, providing
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I for amendment(s)to and incorporation into the Monroe County Comprehensive Plan,and, inter alia,
2 providing for an effective date; and
3
4 WHEREAS, on August 20, 2025, the BOCC was to consider and/or is considering adoption
5 of an Ordinance, amending Monroe County Land Development Code ("LDC") Section 138-24,
6 providing for transmittal to the State Land Planning Agency and the Secretary of State, providing
7 for amendment(s)to and incorporation into the Monroe County Land Development Code, and, inter
8 alia,providing for an effective date; and
9
10 WHEREAS, pursuant to Comprehensive Plan Policy 101.3.12 and LDC Section 138-24(e),
11 requests for workforce housing early evacuation unit building permit allocations shall require a
12 reservation via BOCC resolution; and
13
14 WHEREAS, pursuant to Comprehensive Plan Policy 101.3.2 and LDC Section 138-24(a),
15 requests for workforce housing early evacuation unit building permit allocations shall be distributed
16 on a first-come first-serve basis; and
17
18 WHEREAS, the reservation of workforce housing early evacuation unit building permit
19 allocations for the anticipated project does not exempt the project from applicable requirements for
20 the Monroe County Code(s), Comprehensive Plan, Florida Building Code, and/or other regulatory
21 requirements; and
22
23 WHEREAS, the owner shall obtain all required approvals from Monroe County for the
24 project; and
25
26 WHEREAS, the owner shall obtain building permits for the workforce housing early
27 evacuation units by February 22, 2027; if the permit for a reserved ROGO allocation housing unit is
28 not issued by that time, the allocation shall automatically revert to Monroe County;
29
30 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
31 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
32
33 Section 1. Title and Recitals. The foregoing title, recitals, findings of fact, and conclusions of
34 law are true and correct and are hereby incorporated as if fully stated herein.
35
36 Section 2. The Monroe County Board of County Commissioners ("Monroe County", "BOCC",
37 "Board", "owner", "developer", or the "County") hereby approves, and the Monroe
38 County Planning and Environmental Resources Department accordingly approves,the
39 reservation of nineteen (19) affordable workforce housing early evacuation unit
40 building permit allocations for the project at 23038 Overseas Highway, Cudjoe Key,
41 Monroe County, Florida, having Monroe County Parcel Identification Numbers
42 00187650-000000, 00187680-000000, 00187690-000000, and 00187700-000000,
43 until February 22, 2027.
44
45 Section 3. The developer must obtain the building permits for the nineteen (19) affordable
46 workforce housing early evacuation housing units on or before February 22, 2027.
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I Section 4. The interpretation of this Resolution and all provisions of the Monroe County
2 Comprehensive Plan,Florida Building Code, Monroe County Codes, Florida Statutes,
3 and floodplain management regulations whose interpretation arise out of, relate to, or
4 are interpreted in connection with this Resolution, shall be liberally construed and
5 enforced in favor of Monroe County, and such interpretation shall be entitled to great
6 weight in adversarial administrative proceedings,at trial,in bankruptcy,and on appeal.
7
8 Section 5. This Resolution is subject to the requirements of the Monroe County Code of
9 Ordinances, Land Development Code, Comprehensive Plan, Florida Statutes, and
10 Florida Administrative Code, and,in addition,this Resolution shall not become legally
11 effective until the above-referenced Ordinances adopting amendments to
12 Comprehensive Plan Policies 101.2.2, 101.2.4, 101.3.1, 101.3.2, 101.3.3, 101.3.4,
13 101.3.10, 101.3.11, 101.3.12, 601.1, 601.1.1, 601.1.2, 601.1.8, 601.1.11, and 601.5.1
14 and Land Development Code Section 138-24 become legally effective and any and
15 all adversarial administrative proceeding(s) and/or litigation regarding said
16 Ordinance(s) has/have fully and finally concluded.
17
18 Section 6. The developer shall comply with the Monroe County Comprehensive Plan, Monroe
19 County Land Development Code, Monroe County Code of Ordinances, Florida
20 Building Code, floodplain management regulations, and any and all other
21 requirements of Monroe County and/or State and/or Federal oversight agencies.
24 Section 7. No Liability. Monroe County expressly reserves and in no way shall be deemed to
25 have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign,
26 governmental, and any other similar defense, immunity, exemption, or protection
27 against any suit, cause-of-action, demand, or liability.
28
29 Section 8. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. If any
30 portion of this Resolution, or any part or portion thereof, is held to be invalid or
31 unenforceable by any administrative hearing officer or court of competent jurisdiction,
32 the invalidity or unenforceability of such provision,or any part or portion thereof,shall
33 neither limit nor impair the operation, enforceability, or validity of any other provision
34 of this Resolution, or any remaining part(s) or portion(s)thereof. All other provisions
35 of this Resolution, and remaining part(s) or portion(s) thereof, shall continue
36 unimpaired in full force and effect.
37
38 Section 9. Effectiveness. This Resolution shall become effective as provided by law and stated
39 above.
40
41 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
J3 Florida, at a regularly scheduled public meeting held on the 201h day of August, 2025.
44 Mayor James K. Scholl
45 Mayor Pro Tem Michelle Lincoln
46 Commissioner Craig Cates
47 Commissioner David Rice
448
9 Commissioner Holly Merrill Raschein
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I BOARD OF COUNTY COMMISSIONERS OF MONROE
3 COUNTY, FLORIDA
4
5 By:
6 Mayor James K. Scholl
7 ATTEST: KEVIN MADOK, CLERK MONnOECO Y A° ° E'
8 TO FORM
9
_......__.. ... ...
10 PC-TER MORRIS
11 AS DEPUTY CLERK AS BE TANT GO 0 NTY A
Date: . .
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