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Home My WebLink AboutResolution 286-2025 F 11 1 rw w„yd ri 2 RESOLUTION NO. 286 - 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 490 63RD STREET, MARATHON, 11 MONROE COUNTY, DESCRIBED AS LOTS 1, 2, 3 AND 4, BLOCK B, 12 SHERYL SUBDIVISION NO. 2, A SUBDIVISION ACCORDING TO 13 THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 43, 14 OF THE OFFICIAL RECORDS OF MONROE COUNTY, 15 CURRENTLY HAVING PARCEL IDENTIFICATION NUMBER 16 00339920-000000, AS REQUESTED BY THE MONROE COUNTY 17 BOARD OF COUNTY COMMISSIONERS (`BOCC") IN 18 PARTNERSHIP WITH THE MONROE COUNTY HOUSING 19 AUTHORITY ("MCHA"), UNTIL FEBRUARY 22, 2027, FOR 20 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 1 of 4 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, pursuant to Policy 101.3.10 and Monroe County Land Development Code 19 ("LDC") Section 138-24(a), affordable workforce early evacuation unit building permit allocations 20 may be transferred to another government jurisdiction for County-initiated affordable housing 21 projects within incorporated cities, as approved by a resolution of the BOCC; and 22 23 WHEREAS, the reservation of workforce housing early evacuation unit building permit 24 allocations for the anticipated project does not exempt the project from applicable requirements for 25 the Monroe County Comprehensive Plan, Land Development Code, Code of Ordinances, Florida 26 Building Code, City of Marathon Comprehensive Plan and/or land development regulations, and/or 27 other regulatory requirements; and 28 29 WHEREAS,the owner shall obtain all required approvals from Monroe County and the City 30 of Marathon for the project; and 31 32 WHEREAS, the owner shall obtain building permits for the workforce housing early 33 evacuation units by February 22, 2027; if the permit for a reserved ROGO allocation housing unit is 34 not issued by that time, the allocation shall automatically revert to Monroe County; 35 36 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 37 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 38 39 Section 1. Title and Recitals. The foregoing title, recitals, findings of fact, and conclusions of 40 law are true and correct and are hereby incorporated as if fully stated herein. 41 42 Section 2. The Monroe County Board of County Commissioners ("Monroe County", "BOCC", 43 "Board", "owner", "developer", or the "County") hereby approves, and the Monroe 44 County Planning and Environmental Resources Department accordingly approves and 45 shall extend the reservation of nineteen (19) affordable workforce housing early 46 evacuation unit building permit allocations for the project at 490 63rd Street,Marathon, 2 of 4 I Monroe County, currently having parcel identification number 00339920-000000, 2 until February 22, 2027. 3 4 Section 3. The developer must obtain the building permits for the nineteen (19) affordable 5 workforce housing early evacuation housing units on or before February 22, 2027. 6 7 Section 4. The developer shall comply with the Monroe County Comprehensive Plan, Land 8 Development Code, Code of Ordinances, floodplain management regulations, Florida 9 Building Code, City of Marathon Comprehensive Plan and land development 10 regulations, and any and all other requirements of Monroe County and/or State and/or 11 Federal oversight agencies. 12 13 Section 5. The interpretation of this Resolution and all provisions of the Monroe County 14 Comprehensive Plan,Florida Building Code, Monroe County Codes, Florida Statutes, 15 and floodplain management regulations whose interpretation arise out of, relate to, or 16 are interpreted in connection with this Resolution, shall be liberally construed and 17 enforced in favor of Monroe County, and such interpretation shall be entitled to great 18 weight in adversarial administrative proceedings,at trial,in bankruptcy,and on appeal. 19 20 Section 6. This Resolution is subject to the requirements of the Monroe County Code of 21 Ordinances, Land Development Code, Comprehensive Plan, Florida Statutes, and 22 Florida Administrative Code, and,in addition,this Resolution shall not become legally 23 effective until the above-referenced Ordinances adopting amendments to 24 Comprehensive Plan Policies 101.2.2, 101.2.4, 101.3.1, 101.3.2, 101.3.3, 101.3.4, 25 101.3.10, 101.3.11, 101.3.12, 601.1, 601.1.1, 601.1.2, 601.1.8, 601.1.11, and 601.5.1 26 and Land Development Code Section 138-24 become legally effective and any and 27 all adversarial administrative proceeding(s) and/or litigation regarding said 28 Ordinance(s) has/have fully and finally concluded. 29 30 Section 7. No Liability. Monroe County expressly reserves and in no way shall be deemed to 31 have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign, 32 governmental, and any other similar defense, immunity, exemption, or protection 33 against any suit, cause-of-action, demand, or liability. 34 35 Section 8. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. If any 36 portion of this Resolution, or any part or portion thereof, is held to be invalid or 37 unenforceable by any administrative hearing officer or court of competent jurisdiction, 38 the invalidity or unenforceability of such provision,or any part or portion thereof,shall 39 neither limit nor impair the operation, enforceability, or validity of any other provision 40 of this Resolution, or any remaining part(s) or portion(s)thereof. All other provisions 41 of this Resolution, and remaining part(s) or portion(s) thereof, shall continue 42 unimpaired in full force and effect. 43 44 Section 9. Effectiveness. This Resolution shall become effective as provided by law and stated 45 above. 3 of 4 r 1 PASSED: AND.ADOPTED by the: Board of County Commissioners of Monroe. County; : • 2 : Florida, at a•regularly scheduled:public:meeting held on the 20th day of August, 2025: : : : . 4 . Mayor James K. Scholl : Yes 5: •• Mayor Pro Tern Michelle Lincoln Yes . . 6 : : Commissioner Craig Cates ,: Yes 7 Commissioner David:Rice: : : .Yes 8 = Commissioner Holly Merrill.Raschein• . Yes • : 9 10: . : BOARD OF COUNTY COMMISSIONERS:OF MONROE 11. COUNTY,.:FLORIDA: . . 13:. : : i '.:. : :' . . • l • " • , . • , . : AL ,,„ . : , : .0 1 : i . :. : . : : i :: :.. Kii. . 14 _,,1�.- • By. . ii r . . 15 ..:�' ' „ ; ,.. : : Mayor James K. Scholl 16 =AT TEST:�KEVIN MADOK; CLERK : •: r ;.: � �,,, MONROE:CO ATTORNEY' .. . . � J ii � ''� air �'4° �' •) '-'::t:9-i:iii--;:.-.'''''''..-:':;-:::',:-;:l a':;i:,-'4''ll g-i,.''')1, ,.'f,::k.-!:?:;;',, \'f.:.'!...N')/g.,:8'::,:::4 r7:1' 1 ii • : . . : . : . i • -••:,-/..,-'.•••• . : : :7,7.-•-..r.--,H---..--.— : 1 : .. : :.: - •. :. .: /ir....,,f k .1.....ittlitlili . (iii,,,..i. . : : : . : 1 . : :: . .1''', : 1"-7):1,,.., Elia-8._ liviosm•:is. . .. I ::7 : i . . 7 . .: 7 - , :, i..: . 7 ....:.. 7 �� • 8/3/25 . . 2'' 4 4, ' �: r ��DEPUTY CLERK 'A_ SSISTANT COUNTY•AT1c3RNEY : : 4:of 4