HomeMy WebLinkAboutResolution 435-2025 F
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2 RESOLUTION NO. 435-2025
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4 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
5 COMMISSIONERS APPROVING THE EXTENSION OF THE
6 RESERVATION OF TWO MODERATE INCOME CATEGORY
7 AFFORDABLE ROGO ALLOCATIONS FOR PROPOSED
8 AFFORDABLE HOUSING DWELLING UNITS ON PROPERTY
9 LOCATED ON LOTS 16 AND 17, BLOCK 6, HOLIDAY HOMESITES,
10 KEY LARGO, APPROXIMATE MILE MARKER 100, CURRENTLY
11 HAVING PARCEL IDENTIFICATION NUMBERS 00530750-000000
12 AND 00530750-000100, AS REQUESTED BY HABITAT FOR
13 HUMANITY OF THE UPPER KEYS, INC., AS PROPERTY OWNER,
14 UNTIL AUGUST 18, 2026, FOR BUILDING PERMIT ISSUANCE.
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16 WHEREAS,the State of Florida and all local governments in the Florida Keys (each subject
17 to Area of Critical State Concern mandates relating to housing affordability) recognize the need for
18 affordable housing throughout the state and particularly in the Florida Keys where developable land
19 for housing is extremely limited and expensive; and
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21 WHEREAS,the challenge of providing affordable housing opportunities in the Florida Keys
22 is one requiring sensible and responsive use of residential unit allocations, including implementation
23 of long-term preservation mechanisms; and
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25 WHEREAS, due consideration should be given to relevant factors such as the capacity for
26 allocation recipients to promptly transform allocation awards/reservations into finished and occupied
27 affordable/workforce housing units; and
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29 WHEREAS,Monroe County Land Development Code("LDC") Section 138-24(b)(1)allows
30 the Board of County Commissioners ("BOCC", "Board", "Monroe County", or the "County") to
31 authorize reservations for "the county housing authority, non-profit community development
32 organizations, pursuant to LDC Section 139-1(e), and other public entities established to provide
33 affordable housing by entering in to a memorandum of understanding with one or more of these
34 agencies"; and
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36 WHEREAS, LDC Section 138-24(b)(2) allows the BOCC to authorize reservations for
37 "specific affordable or employee housing projects participating in a federal/state housing financial
38 assistance or tax credit program or receiving some form of direct financial assistance from the county
39 upon written request from the project sponsor and approved by resolution of the Board of County
40 Commissioners"; and
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I WHEREAS, Habitat for Humanity of the Upper Keys, Inc. ("Upper Keys Habitat" or the
2 "developer"), is proposing to develop the properties with two (2) affordable housing units; and
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4 WHEREAS, on April 12, 2017,the BOCC approved a request by Upper Keys Habitat for the
5 donation of three County-owned parcels, Lots 16 and 17 of the Holiday Homesites Subdivision and
6 Lot 3 of Winston Park Subdivision; and
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8 WHEREAS, Upper Keys Habitat obtained ownership of the subject properties through a
9 County Deed Bargain and Sale from Monroe County; and
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11 WHEREAS, on August 18, 2021, the BOCC adopted Resolution No. 263-2021, approving
12 the reservation of two(2)moderate-income affordable housing until August 18,2023,for the subject
13 properties; and
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15 WHEREAS, on November 8, 2023,the BOCC adopted Resolution No. 569-2023, approving
16 the extension of the reservation for two (2) moderate-income affordable housing until August 18,
17 2024; and
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19 WHEREAS, Upper Keys Habitat has applied for building permits numbered SFDUP-AFF-
20 2025-0007 and SFDUP-AFF-2025-0008 to develop the two (2) affordable dwelling units on the
21 subject properties; and
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23 WHEREAS,the reservation of affordable housing allocations for the anticipated project does
24 not exempt the project from applicable requirements for the Monroe County Comprehensive Plan,
25 Land Development Code, Florida, Building Code, and/or other regulatory requirements; and
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27 WHEREAS,Upper Keys Habitat shall obtain all required approvals from the Monroe County
28 Planning & Environmental Resources Department for the project; and
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30 WHEREAS, Upper Keys Habitat shall obtain building permits for the affordable housing
31 dwelling units by August 18, 2026; if the permit for a reserved ROGO allocation housing unit is not
32 issued by that time, the allocation shall revert to the County;
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34 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
35 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
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37 Section 1. Recitals and Legislative Intent. The foregoing recitals, findings and determinations
38 are true and correct and are hereby incorporated as if fully set forth herein.
39
40 Section 2. The interpretation of this Resolution and all provisions of the Monroe County
41 Comprehensive Plan,Florida Building Code, Monroe County Codes, Florida Statutes,
42 and floodplain management regulations whose interpretation arise out of, relate to, or
43 are interpreted in connection with this Resolution, shall be liberally construed and
44 enforced in favor of Monroe County, and such interpretation shall be entitled to great
45 weight in adversarial administrative proceedings,at trial,in bankruptcy,and on appeal.
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.1 Section 3. The Monroe County . Planning and Environmental Resources Department .
2 : (``Department")..shall reserve two (2) moderate income category affordable ROGO
3 :allocations, for the project at:Lots 16 and 17 of the Holiday Homesites Subdivision;
4 Key Largo, currently :having parcel identification numbers 00530750-000000 and
. 5 • 00530750-000100, until,August 18, 2026. :
7.. Section 4. The developer must obtain the building permits:for the two (2) affordable housing
8 :units on or before August 18,.2026. - .
10 Section 5. The developer shall:comply with the Monroe County Comprehensive Plan, Land
Development Code, Florida Building
Code, floodplain management.regulations, an : :
12 : any and all other requirements of Monroe County and/or:State and/or Federal oversight.
• 13 . : agencies. :
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15 Section 6. The Department: and Monroe "County.: BuildingDepartment and Floodplain . :
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16: Management Office professional staff are hereby:authorized to process expeditiously
17 permit related applications for the above referenced project when received.
:19 Section 7. Inconsistency, Partial Invalidity, Severability, and Survival'of Provisions. If any :
20 portion .of:this Resolution, or any part or portion thereof, is :held to be invalid .or: . .
:. 21 unenforceable by any:administrative hearing officer:or court of competent jurisdiction,
22 the invalidity or unenforceabilit- of such rovision� or an art oPr. ortion thereof shall
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23 neither limit nor impair the operation,:enforceability,,or validity of any other provision
24 of this Resolution,:or any remaining part(s)or:portion(s)thereof. All other provisions :
25 - of this : Resolution, and remaining part(s) or portion(s) thereof, shall continue
unimpaired in full force:arid effect.
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28 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
• Florida at a regular meetin held on the 15 dayof October, 2025. .
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31 : :Mayor James Scholl. Yes`..
32 Mayor Pro.Tern Michelle Lincoln Yes.
33 Commissioner
C .•
ra1g Cates Yes
34 . ::Commissioner David Rice Yes
35 Commissioner Holly Merrill Raschein : Yes:
36.
7 BOARD OF COUNTY COMMISSIONERS OF MONROE
8 COUNTY, FLORIDA411„ . . -
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47 AS I PUTY CLERK Date: : 9/29/25 .....- f .'
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