Loading...
HomeMy WebLinkAboutItem J15 J15 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: J15 2023-4338 BULK ITEM: Yes DEPARTMENT: Planning & Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Devin Tolpin AGENDA ITEM WORDING: Approval of a Resolution Approving the Reservation of Two (2) Affordable Workforce Early Evacuation Building Permit ("ROGO") Allocations, Requested by Natalie McIntyre by and through Joseph Scarpelli, for Proposed Affordable Workforce Housing Dwelling Units at 307 Overseas Highway, Big Coppitt Key, Monroe County, Currently Having Parcel Identification Number 00149540- 000000, Until August 20, 2026, for Building Permit Issuance. TIME APPROXIMATE 1:30 P.M. ITEM BACKGROUND: Joseph Scarpelli on behalf of Natalie McIntyre ("Applicant" or the "developer") has submitted the Applicant's request for the Monroe County Board of County Commissioners ("BOCC", "Board", "Monroe County", or the "County") to reserve two (2) affordable early evacuation workforce housing building permit ("ROGO") allocations for Applicant's project, on that certain real property located at 307 Overseas Highway, Big Coppitt Key, Monroe County, Florida, currently having Parcel Identification No. 00149540-000000 ("Property"). The Applicant is requesting said reservation for one (1)year 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. 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. The proposed reservation shall require the developer to obtain issued building permits by August 20, 2026; if the permits are not issued by that time, the allocations shall automatically revert to the County. 3404 PREVIOUS RELEVANT BOCC ACTION: N/A INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval of the Reservation of Two (2)Affordable Workforce Early Evacuation Allocations. DOCUMENTATION: Work-force Housing Early Evacuation Unit Allocation Reservation Requests—Table.docx Request Letter.PDF BOCC—Reso-2—Units—Reservation—Request Mclntyre.pdf FINANCIAL IMPACT: N/A 3405 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 3406 0 'slcal \rcllilocl" hic, '997"I c I'sf',1 11 1,d I NN I N T. S NEAL API-KTd.:0, IN(, sol 11 lcal(�� Isl lard I Ilecls,cf1m 1N NN it.I,sllarcl I'llocls.cl)III JULY 2, 2025 MONROE COUNTY PLANNING AND ENVIRONMENTAL RESOURCES ATTN: TIFFANY STANKIEWICZ DEVELOPMENT ADMINISTRATOR 2798 OVERSEAS HIGHWAY, SUITE 410 MARATHON, FLORIDA 33050 RE. REQUEST FOR 2 EARLY EVACUATION AFFORDABLE ALLOCATION RESERVATION FOR 307 OVERSEAS HIGHWAY, BIG COPPITT KEY, FIL 33040 DEAR MS. STANKIEWICZ, PLEASE ACCEPT THIS LETTER AS A RESERVATION REQUEST FOR 2 EARLY EVACUATION AFFORDABLE ALLOCATIONS, FOR THE PROPERTY LOCATED AT 307 OVERSEAS HIGHWAY, OWNED By NATALIE MCINTRYE. ATTACHED ALONG WITH THIS LETTER IS THE PROPERTY APPRAISER CARD, WARRANTY DEED, AND AGENT AUTHORIZATION FORM. BELOW IS THE INFORMATION REQUIRED TO MAKE THE RESERVATION. LET' ME KNOW IF YOU NEED ANY ADDITIONAL INFO. ADDRESS: 307 OVERSEAS Hwy, BIG COPPITT KEY PARCEL ID #: 00 149540-000000 REQUEST: 2 MODERATE INCOME LEVEL UNITS T'iMEFRAME: 1 YEAR ASSUMING THE LAW CHANGES BY THEN REASON: WE ARE REQUESTING TWO UNITS FOR THE OWNER'S CONSTRUCTION COMPANY'S EMPLOYEES, THE OWNER PLANS TO USE THE COMMERCIAL SPACE FOR HIS CONSTRUCTION WAREHOUSE WITH A SECONDARY OFFICE, WE WOULD QUALIFY UNDER THE FOLLOWING CODE SECTIONS. 138-24(B)(6) OR (7) CODE SECTIONS: (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 (7) WORKFORCE INITIATIVE HOUSING PROJECTS, PURSUANT TO POLICY 101 .3, 12 AND SECTION 138-24(C), THAT REQUIRE OCCUPANTS TO EVACUATE IN PHASE I OF THE 48-HR 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, SINCERELY, 7 4'4APO J JC EPH SCARPELLI, RA NCARB PARTNER T.S. NEAL ARCHITECTS 3407 AGENT AUTHORIZATION FORM Date of Authorization: 07 / 01 / 2025 Month Day Year I hereby authorize Joseph Sca pelli /T.S. Neal Architects be fisted as authorized agent (Print Name of Agent) representing Natalie.,McIntyre for the application submission (Print Name of Property Owner(s)the Apphcant(s)) of Reservation of Affordable Uln,its (List the Name and Type of applicsations for the authorization) for the Property described as:(if in metes and bounds,Vadi legal description on separate sheet) 17 1 COPPITT SUED AMID Big Coppitt Lot Block Subdivision Key(Island) 00149,540-0000100 1194662 Real Estate(RE)I Parcel ID Number Alteniate Key Number 307 Overseas highway Big Coppitt Key, 33040 10 Street Address(Street,City,State&Zip Code) Approximate Mile Marker Authorized Agent Contact Information: 22974 Overseas Highway, Cudjoe Key, FL 33042 Mailing Address(street,city,State and Zip Code) 305-340-8857 862-210-0740 joe@tsnarChitects.com Work Phone Home Phone Cell Phone EmM Address This authorization becomes effective on the date this affidavit is notarized and shall remain in effect until terminated by the undersigned. This authorization acts as a durable power of attorney only for the purposes stated.The undersigned understands the risks mid liabilities involved in the granting of this agency and accepts full responsibility for any and all of the actions of the agent named herein related to the processing of the services requested, application(s) and/or the acquisition of approvals/permits for the aforementioned applicant.The applicant(s)hereby indemnifles and holds harmless Monroe County,its officers,agents and employees for any damage to applicant caused by its agent or arising from this agency authorization. Note,Agen0mustprovide a notarized authorization from ALL current property owners, Signature of Property Owner: .4 Date- Z5 STATE OF !-�K. COUNTY OF Ee- Sworn to and subscribed before me,by means of either ephysical presence OR 0 online notarization, on day of 20 Q6'by Ma 7a 4e, 'rn tv r e� (PRINT NAME OF PERSON MAKNG STATEMENT) Who is 11 personally known to me OR IR'Produced E4 0 R I A A r. �1'1' as (T identification, arm ELEANOR LYNN WLKNS EXPIRES:May 1 T,2028 SIGNATURE�OFT PRINT,TYPE OR STAMP COMMISSIONED NAME OF NOTARY PUBLIC MY COMMISSION EXPIRES: 3408 Monroe County, FL "PROPERTY RECORD CARD** Disclaimer The(Monroe County Property Appraiser's office maintains data on,property within the County solely for the purpose of fulfii ling its responsibility to secure a just valuation for ad valorem tax purposes of all property within the County.The Monroe County Property,Appraiser's Office cannot guarantee its accuracy for any other purpose.Likewise„data grovided regarding,one tax year may not be applicable in prior or subsequent years.By requesting such dlata„you ereby understandd and agree that the data is intended for ad valorem tax purposes only and should not be relied on for any other purpose. By continuing into this site you assert that you have read!and agree to the above statement. Summary Parcel ID 00149540-000000 Account# 1194662 lD 1194662 Millago Milla eGroup 1008 Location 307 OVERSEAS Hwy,BIG COPPITT KEY Address Legal BK 1 LT 17 COPPITT SUB AMENDED PLAT BIG COPPITT KEY PB-4«50 OR418- Description 150/151OR968-1634OR968-1644/45(TRUST)OR1041-795/796OR1073-471/72C OR 1258-1572 OR1432-1387/88 OR2894-1994/95 OR3104-0944 OR3159-1540 (Note.Nat to lra,user'i on legal documents.) Neighborhood 10058 Property Class COMMERCIAL(1000) Subdivision COPPITTSUBDAMD Sec/Twp/Rng 22/67/26 Affordable No � Housing Owner MCINTYRE NATALIE 908 Trinity Dr UNIT 3 Key West FL 33040 Valuation 2024 Certified Values 2023 Certified Values 2022 Certified Values 2021 Certified Values + Market Improvement Value $0 $0 $0 $0 ... ............ . ,... + Market M&Value $3,330 $1,332 $1,332, $1,332 + Market Land Value $197,438 $197,438 $197.438 $219,375 Just Market Value $200,768 $198,770 $198,770 $220,707 s Total Assessed Value $200,768 $198,770 i 98,77Q $194,515 School Exempt Value $O $0 $0 $0 School Taxable Value $200,768 $198,770 $198,770 $220,707 Historical Assessments Year Land Value Building Value Yard Item Value Just(Market)Value Assessed Value Exempt Value Taxable Value Maximum Portability .. 2024 $197,438,111,111,11111-1 $0 $3,330 $200,768 $200,768 $0 $200,768 $0 2023 $197,438 $0 $1,332 $198,770 $198,770 $0 $198,770 $0 2022 $197,438 $0 $1,332 $198,770 $1.98,770 $0 $198,770 2021 $219,375 $0 $1,332 $220,707 $194,515 " $0 $220,707 $0 2020 $175,SOO $0 41,332 $176,832 $176,832 $O $176,832 $0 2019 $174,000 $0 $1,332 $175,332 $175,332 $0 $175,332 $0 2018 $174,656 $0 $1,332 $175,988 $63,340"" $0 $1,75,988 $0 `V'17eP7uxirruuai7v f�cart,�elrpVity ua auu cr,tlirm�I'eouuON,avar9 a,Irt;urib9 nKa1 E>u=,r'u;*Ilar ci aoit¢�an'o aa ¢N�a �GtC,iaa9�,rrwmis"ahillik^�uarau�a�,iuut.w.rrir4,rr"irad.i�uyi"ri raI',ravu^k i9ykPmtit sat�itd�pasirkTalaituRti��urur�ur�4',- Land Land Use Number of Units unit Type Frontage Depth COMMERCIAL HIGHWAY)IMOH) 7,500.00 Square Foot 0...... 0 3409 Yard Items Description Year Built Roll Year Size Quantity Units Grade CH LINK FENCE 1979 1980 250 x 6 1 1500 SF 9 Sales Sale instrument [feed Deed Sale Vacant or Sale Date price Instrument Number Book Page Qualification Improved Grantor Grantee 3/7/2022 $300,000 2364852 3159 1540 01-Qualified Vacant 6/9/2021 $230000 Warranty Deed 2324468 3104 0944 01-Qualified Vacant 2/22/2018 $160,000 Warranty Deed 2158279 2894 1994 01-Qualified Improved YATES FAMILY LMTD PARTNERSHIP 7/1/1995 $18,000 Quit Claim 1432 1387 K-Unqualified Vacant Deed 5/1/1993 $60,000 Warranty Deed 1258 1572 J-Unqualified Vacant 2/1/1988 $25 000 Warranty Deed 1041 795 Q-Qualified Vacant 2/1/1974 $2,.200 Conversion 418 150 Q-Qualthed Vacant Code Permits Permit Number Date Issued Status Amount Type Notes C«FENCE-2022- 07/18/2023 Completed $2,415 Commercial REPLACE DAMAGED EXISTNG CHAIN LINK FENCE APPROXIMATELY 150FFEETOF6 FOOT HIGH 0007 CHAIN LINK FENCE FOR SECURITY ON THE LOT WITH 2 GATES 21102587 10/04/2021 Expired $7,000 Commercial REMOVAL OF INVASIVE EXOTIC VEGETATION, View Tax Info View Taxes fos ffiis P.ircel Photos Map t, r 3410 TRIM Notice No data avalilable for the fo lowing moduIles:Buil&ngs,sketches(click to enlarge). SCb-iNEIDER UsP-r—Ww'ryvaicy ,,Io ik,y G,P1R U,riya,c'Y Noflcy L.� E Data4JyJUt re1:7/6/20215,1,1':" AM 3411 Doc#2364852 Bk#3159 Pg#1540 Electronically Recorded 3f9/2022 at 9:25 AM Pages 2 .Filed and.Recorded in Official Records of MONROE COUNTY KEVIN MADOK ElectronicallyREC: $18.50 Deed Doc Stamp$2,100.00 1 Pre sued by and return to: Gregory S.Oropeza,Esq. Attorney at Law Oropeze Stones Cardenas,PLLC 221 Shnonton Street Key West,FL 33040 30S-294-0252 File Number: 22 92 Consideration:$300,000.00 Parcel Identification No.00149540.000000 -- 'Space Above This Line For Recording Data] Warranty Deed (STATUTORY FORM-SECTION 689.02,F S.) This Indenture made this day of March, 2022 between 307 Overseas, LLC, a Florida limited liability company whose post office address is 7 Amaryllis Drive,Key West,FL 33040 of the County of Monroe,State of Florida, grantor"',and Natalie McIntyre whose post office address is of the County of,state of,grantee*, WithessetU that said grantor, for and in consideration of the sum of TEN AND N01100 DOLLARS ($10,00)and other good and valuable considerations to said grantor in hand paid by said grantee,the receipt whereof is hereby acknowledged, has granted,bargained,and sold to the said grantee, and grantee's heirs and assigns forever,the following described land, situate,lying and being in Monroe County,Florida,to-wit: Lot 17,Block 1,Amended Plat of Coppitt Subdivision,according to the plat thereof as recorded in Plat Book 4,Page 50,Public Records of Monroe County,Florida, Subject to taxes for 2022 and subsequent years; covenants, conditions, restrictions, easements, reservations and limitations of record,if any. and said grantor does hereby fully warrant the title to said land,and will defend the same against lawful claims of all persons whomsoever. `"Grantor"and"Grantee"are used for singular or plural,as context requires. ooubleTEme° E 3412 Doe.#2364952 Page Number:2 of 2 In Witness Whereof,grantor has hereunto set grantor's hand and seal the day and year fast above written. Signed,sealed and delivered in our presence: 307 erseas,LLC,a Florida limited liability company 13 Witness Name:��f AfZd Y Dennis M,PiScopiitle,Manager Witness Name: State of Florida County of Monroe T . foregoing instrument was acknowledged before me by means of[X] physical presence or Lj online notarization, this day of March ' copink,Manager of 307 Overseas,LLC,a Florida limited liability company,on behalfN dpr"411l own to me or[X]has produced a driver's license as identification. ' G Ompors MV Cq ni G0;221725 [Not � FEoms ovoi/2022 Notary Public Printed Name: My Commission Expires: Warranty Deed(SlaWoryForm)-Page 2 DoubleTlrne® 3413 Monroe County, FL "PROPERTY RECORD RCS** Disclaimer The Monroe County Property Appraiser's office maintains data on property within the County solely for the purpose of fulfilling its responsibility to secure a just valuation for ad valorem tax purposes of all property within the County.The Monroe County Property Appraiser's office cannot guarantee its accuracy for any other purpose.Likewise,data provided regarding one tax year may not be applicable in prior or subsequent years.By requlestin such data,you hereby understand and agree that the data is untended for ad valorem tax purposes only and should not be relied can for any other purpose. By continuing into this site you assert that you have read and agree to the above statement. Summary Parcel ID 00149540-000000 7 Account# 1194662 Property ID 1194662 Millage Group 1008 Location 307 OVERSEAS Hwy,BIG COPPITT KEY Address Legal BKILT1.7COPPITT SUB AMENDED PLAT BIG COPPITT KEY PB-4-50OR418• Description 150/151OR968-1634OR968-1644/45(TRUST)OR1041.795/796OR1073-471/72C OR1258-1572 OR1432.1387/88 OR2894-1994/95 OR3104-0944 OR3159-1.540 (Note I,ful m bew,wdanlevnIdocuinent,,) -�- Neighborhood 10058 Property Class COMMERCIAL(1000) Subdivision COPPITTSUBDAMD Sec/Twp/Rng 22/67/26 Affordable No Housing Owner MCINTYRE NAT:ALIE 307 OVERSEAS Hwy KEY'WEST EL 33040 Valuation 2024 Certified Values 2023 Certified Values 2022 Certified Values 2021 Certified Values 2019 Certified Values ... ......... ..._. ... + Marke 11 tlmorovementValue $0 $p $0 $0 $0 + Market MiscValue $3,330 $1,332 $1,332 $1,332 $1.332 + Market Land Value $197,438 $197,438 $197,438 $219,375 $174,000 Must Market Value $200,768 $198,770 $198,770 $220,707 $175,332 Total Assessed Value $200,768..... ... $198,770 $198,770 $194,515 $175,332 School Exempt Value $0 $0 $0 $n School Taxable Value $200,768 $198,770 $198,770 $220,707.......... $175,332 Historical Assessments Year Land Value Building Value Yard item Value Just(Market)Value Assessed Value Exempt Vallue Taxable Value Maximum Portability 2024 $197,438 $0 $3,330 $200,768 $200,768 $0 $200,768 $0 2023 $197,438 $0 $1,332 $198,770„ $198,770 $0.. $198,770 $0 2022 $197,438 $0 ... $1,332 $19B,770 $198,770 $0 $198770 $0 2021 $219,375 $0 $1,332 $220,707 $194,515 $0 $220,707 $0..... 2020 $175,500 $0 $1,332 $176,832 $176,832, $0 $176832 $0 2019 $174000 $0 $1,332 $175332 $175,332 $0 $175,332 $0 2018 $174 656 $0 $1,332 $175 988 $63,340 $0 $175 988 $0 , .I he 1,alto.xir'e'Swn f1eirl strAhl'y r^,an <+i ii`u r`hollg r@ Doi ho rvlkrtxl ul-,,on a"l.lir aduak Pul l i07'ili9Yg rrrrwxuW4LC"oaMnct raw,in raif ce to vo ify Vlrr.;:vi lti cl pnr'fAOily<'sm,,)uiR Land Land Use Number of Units Unit Type Frontage Depth COMMERCIAL HIG HWAY(1MOH) 7,500.00 Square Foot 0 0 3414 Yard Items Sales Sale Instrument Deed Deed Sale Vaontor Sale Date Price Instrument Number Book Page Qualification Improved Grantor Grantee PAxrmsnyHIP_____________ 7/1/1995 mmonn Quit Claim 1432 ,unr x'y"nuamra Vacant Deed c^u= Permits Permit Number Date Issued Status Amount C-FENCE-2022- 07/18/2023 Completed $2,415 Commercial REPLACE DAMAGED EXlSTNG CHAIN LINK FENCE APPROXIMATELY 150 IFFEET OF 6 FOOT HIGH 0007 CHAIN LINK FENCE FOR SECURITY ON THE LOT WITH 2 GATES 21102587 10/04/2021 Expired $7,000 Commercial REM OVAL OF I NVAS IVE EXOTIC VEGETATION, View Tax Info Photos , vomp TRIM Notice No data available for the following modules:Buildings,Sketches(click to enlarge). ILA SCHNEIbER 3416 F 11 1 rw w„yd ri 2 RESOLUTION NO. -2025 3 4 A RESOLUTION APPROVING THE RESERVATION OF TWO (2) 5 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 307 OVERSEAS HIGHWAY, BIG 11 COPPITT KEY, MONROE COUNTY, DESCRIBED AS LOT 17, 12 BLOCK 1, AMENDED PLAT OF COPPITT SUBDIVISION, 13 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT 14 BOOK 4, PAGE 50, OF THE OFFICIAL RECORDS OF MONROE 15 COUNTY, CURRENTLY HAVING PARCEL IDENTIFICATION 16 NUMBER 00149540-000000, AS REQUESTED BY NATALIE 17 MCINTYRE ("APPLICANT", "OWNER", OR THE "DEVELOPER") 18 BY AND THROUGH JOSEPH SCARPELLI, UNTIL AUGUST 20, 2026, 19 FOR BUILDING PERMIT ISSUANCE. 20 21 22 WHEREAS,the State of Florida and all local governments in the Florida Keys (each subject 23 to Area of Critical State Concern mandates relating to housing affordability) recognize the need for 24 affordable housing throughout the state and particularly in the Florida Keys where developable land 25 for housing is extremely limited and expensive; and 26 27 WHEREAS,the challenge of providing affordable housing opportunities in the Florida Keys 28 is one requiring sensible and responsive use of residential unit allocations, including implementation 29 of long-term preservation mechanisms; and 30 31 WHEREAS, due consideration should be given to relevant factors such as the capacity for 32 allocation recipients to promptly transform allocation awards/reservations into finished and occupied 33 affordable/workforce housing units; and 34 35 WHEREAS, on August 20, 2025, the Board of County Commissioners ("Monroe County", 36 "BOCC","Board", or the"County")was to consider and/or is considering adoption of an Ordinance, 37 amending Monroe County Year 2030 Comprehensive Plan ("Comprehensive Plan") Policies 38 10 1.2.2, 101.2.4, 101.3.1, 101.3.2, 101.3.3, 101.3.4, 101.3.10, 101.3.11, 101.3.12, 601.1, 60 1.1.1, 39 601.1.2, 601.1.8, 601.1.11, and 601.5.1,providing for transmittal to the State Land Planning Agency 40 and the Secretary of State,providing for amendment(s)to and incorporation into the Monroe County 41 Comprehensive Plan, and, inter alia,providing for an effective date; and 42 1 of 4 3417 I WHEREAS, on August 20, 2025, the Monroe Board of County Commissioners ("Monroe 2 County", "BOCC", "Board", or the "County") was to consider and/or is considering adoption of an 3 Ordinance, amending Monroe County Land Development Code("LDC") Section 138-24,providing 4 for transmittal to the State Land Planning Agency and the Secretary of State, providing for 5 amendment(s) to and incorporation into the Monroe County Land Development Code, and, inter 6 alia,providing for an effective date; and 7 8 WHEREAS, pursuant to Comprehensive Plan Policy 101.3.12 and LDC Section 138-24(e), 9 requests for workforce housing early evacuation unit building permit allocations shall require a 10 reservation via BOCC resolution; and 11 12 WHEREAS, pursuant to Comprehensive Plan Policy 101.3.2 and LDC Section 138-24(a), 13 requests for workforce housing early evacuation unit building permit allocations shall be distributed 14 on a first-come first-serve basis; and 15 16 WHEREAS, the reservation of workforce housing early evacuation unit building permit 17 allocations for the anticipated project does not exempt the project from applicable requirements for 18 the Monroe County Code(s), Comprehensive Plan, Florida Building Code, and/or other regulatory 19 requirements; and 20 21 WHEREAS, the owner shall obtain all required approvals from Monroe County for the 22 project; and 23 24 WHEREAS, the owner shall obtain building permits for the workforce housing early 25 evacuation units by August 20, 2026; if the permit for a reserved ROGO allocation housing unit is 26 not issued by that time, the allocation shall automatically revert to Monroe County; 27 28 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 29 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 30 31 Section 1. Recitals. The foregoing recitals, findings of fact, and conclusions of law are true and 32 correct and are hereby incorporated as if fully stated herein. 33 34 Section 2. Monroe County hereby reserves and the Monroe County Planning and Environmental 35 Resources Department accordingly shall extend the reservation of two (2) affordable 36 workforce housing early evacuation unit building permit allocations for the project at 37 307 Overseas Highway, Big Coppitt Key, Monroe County, Florida, currently having 38 Parcel Identification Number 00149540-000000, until August 20, 2026. 39 40 Section 3. To the extent of any internal or external conflicts, inconsistencies, and/or ambiguities, 41 within this Resolution or between this Resolution and the Monroe County Code of 42 Ordinances, Florida Building Code, Monroe County Land Development Code, 43 Monroe County Comprehensive Plan, or any other approval of the Monroe County 44 Board of County Commissioners, Monroe County Planning Commission, Monroe 45 County Development Review Committee, Monroe County Planning&Environmental 46 Resources Department, or other department or office of Monroe County, the more 47 restrictive rule, regulation, law,provision, and text shall always apply. 2 of 4 3418 I Section 4. Subject to Section 3. above, the interpretation of this Resolution and all provisions of 2 the Monroe County Comprehensive Plan, Florida Building Code, Monroe County 3 Codes, Florida Statutes, and floodplain management regulations whose interpretation 4 arise out of, relate to, or are interpreted in connection with this Resolution, shall be 5 liberally construed and enforced in favor of Monroe County, and such interpretation 6 shall be entitled to great weight in adversarial administrative proceedings, at trial, in 7 bankruptcy, and on appeal. 8 9 Section 5. This Resolution neither ratifies nor approves, nor shall be interpreted as ratifying or 10 approving, any violation or violations of the Monroe County Code of Ordinances, 11 Monroe County Land Development Code, Monroe County Comprehensive Plan, 12 floodplain management regulations, Florida Building Code, Florida Statutes, Florida 13 Administrative Code, or any other law, rule, or regulation, whether Federal or of the 14 State or of Monroe County, and shall not be construed as ratifying or approving of any 15 such violation of law(s), rule(s), or regulation(s). 16 17 Section 6. Approval of this Resolution shall not estop or waive, nor shall be construed as 18 estopping or waiving, Monroe County's right to enforce, seek enforcement of, and 19 require compliance with the Monroe County Codes, Monroe County Comprehensive 20 Plan, floodplain management regulations, Florida Building Code, Florida Statutes, 21 Florida Administrative Code, or any other law, rule, or regulation, whether at law or 22 in equity. 23 24 Section 7. The developer must obtain the building permits for the two (2) affordable workforce 25 housing early evacuation housing units on or before August 20, 2026. 26 27 Section 8. This Resolution is subject to the requirements of the Monroe County Code of 28 Ordinances, Land Development Code, Comprehensive Plan, Florida Statutes, and 29 Florida Administrative Code, and,in addition,this Resolution shall not become legally 30 effective until the above-referenced Ordinances adopting amendments to 31 Comprehensive Plan Policies 101.2.2, 101.2.4, 101.3.1, 101.3.2, 101.3.3, 101.3.4, 32 101.3.10, 101.3.11, 101.3.12, 601.1, 601.1.1, 601.1.2, 601.1.8, 601.1.11, and 601.5.1 33 and Land Development Code Section 138-24 become legally effective and any and 34 all adversarial administrative proceeding(s) and/or litigation regarding said 35 Ordinance(s) has/have fully and finally concluded. 36 37 Section 9. The developer shall comply with the Monroe County Code(s), Monroe County 38 Comprehensive Plan,Florida Building Code, floodplain management regulations, and 39 any and all other requirements of Monroe County and/or State and/or Federal oversight 40 agencies. 41 42 Section 10. No Liability. Monroe County expressly reserves and in no way shall be deemed to 43 have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign, 44 governmental, and any other similar defense, immunity, exemption, or protection 45 against any suit, cause-of-action, demand, or liability. 46 3 of 4 3419 I Section 11. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. If any 2 portion of this Resolution, or any part or portion thereof, is held to be invalid or 3 unenforceable by any administrative hearing officer or court of competent jurisdiction, 4 the invalidity or unenforceability of such provision,or any part or portion thereof,shall 5 neither limit nor impair the operation, enforceability, or validity of any other provision 6 of this Resolution, or any remaining part(s) or portion(s)thereof. All other provisions 7 of this Resolution, and remaining part(s) or portion(s) thereof, shall continue 8 unimpaired in full force and effect. 9 10 Section 12. Effectiveness. This Resolution shall become effective as provided by law and stated 11 above. 12 13 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 14 Florida, at a regularly scheduled public meeting held on the 201h day of August, 2025. 15 16 Mayor James K. Scholl 17 Mayor Pro Tem Michelle Lincoln 18 Commissioner Craig Cates 19 Commissioner David Rice 20 Commissioner Holly Merrill Raschein 21 22 BOARD OF COUNTY COMMISSIONERS OF MONROE 24 COUNTY, FLORIDA 25 26 By: 27 Mayor James K. Scholl 28 ATTEST: KEVIN MADOK, CLERK MONROE CO, TT ORNEY 29APP'Ra1r;WUS'TO FORM 30 � . .. 31 __ .w... .. _.v.-�. ._.... _.. ..__ _. 32 AS DEPUTY CLERK PEfEH MORRIS ASSISTANT COUNTY ATTORNEY 4 : . / 2 4 o f 4 3420