The URL can be used to link to this page

Home My WebLink AboutResolution 287-2025 F 11 1 rw w„yd ri 2 RESOLUTION NO. 287 - 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 00187700-0000009 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 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, 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. 2 of 4 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 Yes 45 Mayor Pro Tem Michelle Lincoln Yes 46 Commissioner Craig Cates Yes 47 Commissioner David Rice Yes 448 9 Commissioner Holly Merrill Raschein Yes 3 of 4 BOARD�RD OF . � U NTY COMMISSIONERS OF MONROE . . 2:: •: COUNTY, FLORIDA • : 4. : •• • ' : H :. . : • : • • l '• — : . • '1 : 0 1 ' ' •I : .• lik :5r..,,,:i::,•':•T5.::;: ,:--:-•--:,:::;::,--,(3 -:- I I: • . . By: - • •:' - .. b:r Mayor James K Scholl • 7.. ..ATTEST:�KEVIN:MADOK,•CLERK : •:M oN.h0 'co ,Nr -9 6 , 1..b. is . APP TO FORM. t'A : .r t la R'if_�n . . ' ' .'`•‘,'•.--if'•.P.-'-i'''-•g.L..-.;:7'.:71:.:: 1!s'.:.1-_!7',,c•vvvy . • i : . PEI Ek MORRIS 1 ... . : . : : • : :?:'•,1:'�1:. AS.DEPUTY CL .: .ASSISTANT COUNT' ►TTOPINEY. . �. _,. , Date; 813/2 5 .,yam..;• .. • • 1 •a... : . •1 : : •-•727,! • . i . 1 1 . �:.?,. t«n. • ,[. 4:of 4