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Home My WebLink AboutResolution 288-2025 F 11 1 rw w„yd ri 2 RESOLUTION NO. 288 -2025 3 4 A RESOLUTION APPROVING THE RESERVATION AND AWARD 5 OF TWENTY-EIGHT (28) WORKFORCE HOUSING EARLY 6 EVACUATION AFFORDABLE ALLOCATIONS PURSUANT TO 7 MONROE COUNTY COMPREHENSIVE PLAN POLICY 101.3.12 AND 8 MONROE COUNTY LAND DEVELOPMENT CODE SECTION 138-24, 9 FOR ISSUED PERMITS FOR EXISTING AND PROPOSED 10 AFFORDABLE WORKFORCE HOUSING DWELLING UNITS, ON 11 PROPERTY LOCATED AT 95295 OVERSEAS HIGHWAY, KEY 12 LARGO, MONROE COUNTY, DESCRIBED AS A PARCEL OF LAND 13 IN SECTION 13, TOWNSHIP 62 SOUTH, RANGE 38 EAST, MONROE 14 COUNTY, CURRENTLY HAVING PARCEL IDENTIFICATION 15 NUMBER 00484390-000000, AND APPROVING AN AMENDMENT TO 16 THE AFFORDABLE ROGO RESERVATION EXTENDED BY AND 17 THROUGH BOCC RESOLUTION NO. 171-2022 ON THE SUBJECT 18 PROPERTY,TO RE-RESERVE THE 28 AFFORDABLE(NON-EARLY- 19 EVACUATION) ALLOCATIONS FOR MONROE COUNTY USE AT 20 SITES TO BE DETERMINED WITHIN THE LOWER KEYS ROGO 21 SUBAREA THROUGH AUGUST 20, 2030, AS REQUESTED BY THE 22 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 23 (`BOCC", `BOARD", OR THE "COUNTY"),IN PARTNERSHIP WITH 24 THE MONROE COUNTY HOUSING AUTHORITY ("MCHA"). 25 26 27 WHEREAS,the State of Florida and all local governments in the Florida Keys (each subject 28 to Area of Critical State Concern mandates relating to housing affordability) recognize the need for 29 affordable housing throughout the state and particularly in the Florida Keys where developable land 30 for housing is extremely limited and expensive; and 31 32 WHEREAS,the challenge of providing affordable housing opportunities in the Florida Keys 33 is one requiring sensible and responsive use of residential unit allocations, including implementation 34 of long-term preservation mechanisms; and 35 36 WHEREAS, due consideration should be given to relevant factors such as the capacity for 37 allocation recipients to promptly transform allocation awards/reservations into finished and occupied 38 affordable/workforce housing units; and 39 40 WHEREAS, on August 20, 2025, Monroe County Board of County Commissioners 41 ("Monroe County", "BOCC", "Board", "owner", "developer" or the "County") was to consider 42 and/or is considering adoption of an Ordinance, amending Monroe County Year 2030 43 Comprehensive Plan ("Comprehensive Plan") Policies 101.2.2, 101.2.4, 101.3.1, 101.3.2, 101.3.3, 1 of 4 1 101.3.4, 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, 2 providing for transmittal to the State Land Planning Agency and the Secretary of State, providing 3 for amendment(s)to and incorporation into the Monroe County Comprehensive Plan,and, inter alia, 4 providing for an effective date; and 5 6 WHEREAS, on August 20, 2025, the BOCC was to consider and/or is considering adoption 7 of an Ordinance, amending Monroe County Land Development Code ("LDC") Section 138-24, 8 providing for transmittal to the State Land Planning Agency and the Secretary of State, providing 9 for amendment(s)to and incorporation into the Monroe County Land Development Code, and, inter 10 alia,providing for an effective date; and 11 12 WHEREAS, pursuant to Comprehensive Plan Policy 101.3.12 and LDC Section 138-24(e), 13 requests for workforce housing early evacuation unit building permit allocations shall require a 14 reservation via BOCC resolution; and 15 16 WHEREAS, pursuant to Comprehensive Plan Policy 101.3.2 and LDC Section 138-24(a), 17 requests for workforce housing early evacuation unit building permit allocations shall be distributed 18 on a first-come first-serve basis; and 19 20 WHEREAS, the reservation of workforce housing early evacuation unit building permit 21 allocations for the anticipated project does not exempt the project from applicable requirements for 22 the Monroe County Code(s), Comprehensive Plan, Florida Building Code, and/or other regulatory 23 requirements; and 24 25 WHEREAS, the owner shall obtain all required approvals from Monroe County for the 26 project; and 27 28 WHEREAS,twenty-eight(28) affordable allocations (14 -low and 14 -median)for proposed 29 employee housing units on the subject property were reserved through BOCC Resolution No. 116- 30 2021 and extended through BOCC Resolution No. 171-2022; and 31 32 WHEREAS, on October 7, 2022, the following Monroe County Building Permits have been 33 issued for the construction of twenty-eight (28) affordable employee housing dwelling units on the 34 Subject Property: 21301888, 21301889, 21301890, 22300465, 22300466, 22300467, 22300468, 35 22300469, 22300470, 22300471, and 22300472; and 36 37 WHEREAS, an amended and restated employee housing deed restriction was recorded in the 38 Official Records of Monroe County at Book 3337, Page 1132, Document No. 2509619, which 39 restricts the units authorized to be constructed through the aforementioned building permits for a 40 period of at least ninety-nine (99)years to being leased or sold to households with an adjusted gross 41 annual income no greater than one hundred twenty (120)percent of the median adjusted gross annual 42 43 income (moderate income); and 44 WHEREAS, the owner intends to exchange the workforce housing early evacuation units 45 with the existing affordable ROGO allocations associated with the aforementioned building permits; 46 and 47 WHEREAS, the owner shall be required to amend the employee housing deed restriction so 48 as to include all requirements of the workforce initiative pursuant to LDC Section 138-24(e); and 49 50 WHEREAS, the 28 moderate income category affordable ROGO Allocations (non-early- 51 evacuation) currently allocated to Building Permit Nos. 21301888, 21301889, 21301890, 22300465, 2 of 4 1 22300466, 22300467, 22300468, 22300469, 22300470, 22300471, and 22300472 shall be reserved 2 by the Monroe County BOCC for proposed affordable housing dwelling units on properties to be 3 determined within the Lower Keys ROGO Subarea of unincorporated Monroe County in accordance 4 with LDC Section 138-24(b)(4); and 5 6 WHEREAS, permits shall be obtained for the subject affordable dwelling units by August 7 20, 2030, but if the permit for a reserved allocation housing unit is not issued by that time, the 8 allocation shall automatically revert back to the County's affordable housing allocation pool by 9 operation of law; 10 11 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 12 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 13 14 Section 1. Recitals. The foregoing recitals, findings of fact, and conclusions of law are true and 15 correct and are hereby incorporated as if fully stated herein. 16 17 Section 2. Title. The contents of the foregoing title, is/are hereby incorporated, and is/are hereby 18 approved as if fully stated herein. 19 20 Section 3. The Monroe County Board of County Commissioners ("Monroe County", "BOCC", 21 "Board", "owner", "developer", or the "County") hereby approves, and the Monroe 22 County Planning and Environmental Resources Department accordingly approves,the 23 award and exchange of twenty-eight (28) affordable workforce housing early 24 evacuation unit building permit allocations at the moderate income category for 25 affordable housing unit allocations associated with Monroe County Building Permit 26 Nos. 21301888, 21301889, 21301890, 22300465, 22300466, 22300467, 22300468, 27 22300469, 22300470, 22300471, and 22300472. The 28 exchanged moderate income 28 category affordable ROGO allocations shall be reserved to Monroe County to be 29 constructed on properties to be determined within the Lower Keys ROGO Subarea of 30 unincorporated Monroe County and developed by the Monroe County BOCC by 31 August 20, 2030. 32 33 Section 4. The developer must amend the employee housing deed restriction so as to include all 34 requirements of the workforce initiative pursuant to LDC Section 138-24(e) in order 35 to exchange the existing 28 moderate income category affordable workforce housing 36 early evacuation housing units. 37 38 Section 5. The interpretation of this Resolution and all provisions of the Monroe County 39 Comprehensive Plan,Florida Building Code, Monroe County Codes, Florida Statutes, 40 and floodplain management regulations whose interpretation arise out of, relate to, or 41 are interpreted in connection with this Resolution, shall be liberally construed and 42 enforced in favor of Monroe County, and such interpretation shall be entitled to great 43 weight in adversarial administrative proceedings,at trial,in bankruptcy,and on appeal. 44 45 Section 6. This Resolution is subject to the requirements of the Monroe County Code of 46 Ordinances, Land Development Code, Comprehensive Plan, Florida Statutes, and 47 Florida Administrative Code, and,in addition,this Resolution shall not become legally 48 effective until the above-referenced Ordinances adopting amendments to 49 Comprehensive Plan Policies 101.2.2, 101.2.4, 101.3.1, 101.3.2, 101.3.3, 101.3.4, 50 101.3.10, 101.3.11, 101.3.12, 601.1, 601.1.1, 601.1.2, 601.1.8, 601.1.11, and 601.5.1 3 of 4 1 • and.Land.•Development Code Section :138=24.:become..legally effective and:any and.• •• 2:: • all • adversarial . administrative 'proceeding(s): • :and/ori litigation regarding said 3 : • H :Ord.inance(s).has/have fully:and finally.concluded.' : • : • • : • 4 • • . • :5:: Section 7.1 The developer shall.comply with the Monroe. County: Comprehensive*Plan, Monroe • • .: : 6: County Land Development Code, :Monroe•:County:'Code of:Ord:i.nances,. Florida 7 : • • •Building • Code,: flo:odplain• management regulations,: and. : any •and all H.other_: • • 8 • requirements of Monroe . ounty and/or State.and/or: Fe. era. oversight agencies. . : 10 • Section . : •No is i ity. •onro:e:County expressly:reserves an• -in:no:.way.shall:bedeemed:to.: : . • :11•• : . •• •have *Waived,:for itself or for its o icer(s),:employee.(s), or agent(s), any sovereign, •• : 1 • • governmental,. and any: of �er simi ar e ense,, lmmuni exemption, or. protection . • .13.: : • , .: against,any:suit,.cause.-o fraction,:demand, or liability.. :14 . 15 . Section.9. • Inconsistency,:Partial Inval"idity, Severability and: Survival of Provisions. If any 16 • portion*of:this ,Resolution, or any part:or portion .thereof, is: held to;be. invalid or:• 17 • :unen orcea . . e by any a ministrative easing o icer:or�court o competen; : :. • 18 •• : • •• • the invalidity or unenforceability uch.provision,of any part or portion:thereof,shall •.• • 19 . : • . .neither:limit•nor:impair the operation,:enforceability,or validity of:any other provision •• • •: : • . 20 • •' • .Of this Resolution,:or any•remaining part(s)•or;:portion(s)thereof. All:other provisions. • : • :• 21. • : • . of this -Resolution, •and .remaining •part(s) or .portion(s) thereof,• shall continue: 22. : : • unimpaired in full force and effect. : • *24 Section.,10.,: Effectiveness This Resolution shall becom .e effective as provided by law and stated: • : . : � above :including the effectiveness; of an amended anestate:: 25 .. : d .r d deed restriction.:and.. effectiveness of the.ordinances as stated above:. . . 27 28 • : • ::PASSED AND ADOPTED by the:Board :of County Commissioners of Monroe County;.'. • 29 .:Florida,:at a-regularly scheduled public:meeting held:on.the 20th.day,of•August;2025, • : : : 30:: . - 31 : Mayor:James K. Scholl.. . • .Yes . • :' • .32 : .• Mayor:Pro Tern.Michelle Lincoln : • • Yes:: • • • . • 33 • Commissioner Craig Cates Yes: Commissioner*David Rice,- • • •• • Yes 35• Commis§ioner Holly Merrill Raschein Yes: • . : ': • • . . .. . . . . 37 : COUNTY 3 8:: • COUNTY,.FLORIDA: . • : •' � • 39 • : • : • : • . • 40 • 41 . • : • . : : • . : • • . : •.By:- •do. . • : 49, r • •. • Mayor James K. Scholl 33:;! A.-��:, �E�S.T': KE�`�1.> :MADOK CLERK: : :. • - =•,. � ' M RO •O} AUOR .w`.' 44 L �i APB'' T• FORM• ]: i� .�� E i.�f'a' �'.., K �� ,k�.i 9.� --�. A!, � • ,:''fir:! • r • - y � •� 'k • �t4 �f • • 4 A EPUTY CLERK • PETER ORRI s. . . A•S•SISTANT•. • A OR , • • m• • -• . • • •