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HomeMy WebLinkAboutItem J3 J3 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 December 10, 2025 Agenda Item Number: J3 2023-4856 BULK ITEM: Yes DEPARTMENT: Planning & Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Devin Tolpin AGENDA ITEM WORDING: Approval of a Resolution Approving a Reservation Extension, Until December 11, 2026, for Building Permit Issuance, of Eighty-Six (86) Affordable Workforce Early Evacuation ROGO Allocations Associated with Blackstone Group 925 LLC and The Vestcor Companies Inc. and Relating to the Development of Eight-Six (86) Such Units in Tavernier, Monroe County, as More Particularly Described in the Development Agreement Approved by and through Resolution No. 171-2025 and the Major Conditional Use Permit Approved by and through Planning Commission Resolution No. P16-25. ITEM BACKGROUND: This is a reservation extension of eighty-six (86) affordable early evacuation workforce housing Rate of Growth Ordinance ("ROGO") allocations associated with Blackstone Group Tavernier 925 L.L.C., and The Vestcor Companies Inc., and is recommended for approval to allow for completion of the building permitting requirements and the affordable workforce housing deed restriction requirements of the approved Major Conditional Use Permit memorialized in Monroe County Planning Commission Resolution No. P16-25 and the Development Agreement approved by and through Resolution No. 171- 2025. On April 28, 2025, Monroe County approved Resolution No. 171-2025 to approve the development of "86 ATTACHED DEED RESTRICTED AFFORDABLE WORKFORCE DWELLING UNITS, A COMMERCIAL RETAIL USE WITHIN A SINGLE 49,340 SQUARE FOOT STRUCTURE, AND 350 SQUARE FEET OF INSTITUTIONAL OFFICE SPACE FOR A LOCAL NON-PROFIT". On June 6, 2025, Monroe County approved the Major Conditional Use Permit memorialized in Monroe County Planning Commission Resolution No. P16-25 to approve the development of"A COMMERCIAL RETAIL USE WITHIN A SINGLE STRUCTURE NOT TO EXCEED 49,340 SQUARE FEET AND 350 SQUARE FEET OF INSTITUTIONAL OFFICE SPACE FOR A LOCAL 1338 NON-PROFIT ON THE SUBJECT PROPERTY, AND 86 ATTACHED DEED RESTRICTED AFFORDABLE WORKFORCE DWELLING UNITS" (hereinafter the "Development"). The following building permit applications have been applied for this Development. Application ID Application Type Submission Date Parcel ID SITE-2025-0036 Site Work Permit 10/16/2025 00089490-000000 MULTI-AFF-2025-0011 New Affordable Housing Multi-Family Permit 8/28/2025 00089490-000000 SFDUP-AFF-2025-0004 New Affordable Housing Single Family or Duplex 8/28/2025 00089490-000000 MULTI-AFF-2025-0007 New Affordable Housing Multi-Family Permit 8/28/2025 00089490-000000 MULTI-AFF-2025-0008 New Affordable Housing Multi-Family Permit 8/28/2025 00089490-000000 MULTI-AFF-2025-0010 New Affordable Housing Multi-Family Permit 8/28/2025 00089490-000000 C-ACCB-2025-0011 Commercial Accessory Building-Structure Permit 8/28/2025 00089490-000000 MULTI-AFF-2025-0009 New Affordable Housing Multi-Family Permit 8/28/2025 00089490-000000 SITE-2025-0020 Site Work Permit 5/29/2025 00490250-000000 COMBLDG-2025-0004 New Commercial Primary Building-Structure 6/4/2025 00490250-000000 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 Comprehensive Plan, Monroe County Land Development Code, Monroe County Code of Ordinances, Florida Building Code, and/or other regulatory requirements, and the owner shall obtain all required approvals from, including but not limited to, the Monroe County Planning & Environmental Resources Department for this Development. The proposed reservation extension shall require the above-referenced developers to obtain building permits for the workforce housing early evacuation units by December 11, 2026; if the permit for a reserved ROGO allocation housing unit is not issued by that time, the allocation shall revert to the County. PREVIOUS RELEVANT BOCC ACTION: On April 28, 2025, Monroe County approved a Development Agreement proposal, by and through Resolution No. 171-2025, approving development of 86 attached deed-restricted affordable workforce dwelling units and 49,340 square foot nonresidential commercial retail structures and 350 square feet of institutional use in the form of office space for a local non-profit. On June 6, 2025, Monroe County approved the Major Conditional Use Permit memorialized in Monroe County Planning Commission Resolution No. P16-25 to approve development of a commercial retail use within a single structure not to exceed 49,340 square feet and 350 square feet of institutional office space for a local non-profit on the subject property and 86 attached deed restricted affordable workforce dwelling units. 1339 INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval. DOCUMENTATION: Blackstone Group &Vestcor- Request for Ext for 86 ROGO.pdf Resolution 548-2024 - 00089490-000000—Cemex-86—Early_Evac_Reservation.pdf BOCC—Reso-00089490-000000-86—Early_Evac_Reservation-.pdf FINANCIAL IMPACT: N/A 1340 Barton W. Smith, Esq. Jess Miles Goodall, Esq. Telephone: (305) 296-7227 Email: ��rriva�,�rr��r� SEW VIA EMAIL AND .F.EDEX 2 3178 8080 November 7, 2025 levin T olpin, Senior Director Monroe CountyPlanning& Environmental Resources Department 2798 Overseas highway, Suite 400 Marathon, Florida 33050 Email: )q v iuu ? - �5 II_:�, f gag : REQUEST FOR TEM X SiC Gi � $ -Si (86) EARLY a CtTI AFFORDABLE HOUSING .RoGO ALLOCArIONS FOR PROPOSED WORKF 11C HOUSING DWELLING S APP BY BOCC RESOLUTION N .54&2024. Dear 1evnn, Please accept this correspondence, on behalf of our client, Blackstone Group-Tavernier 925 ELC; and Vestcor Companies Inc., ("'Applicant"), as a request for a twelve (12) month time extension For the reservation of eighty-six ( 6) workforce housing early evacuation affordable Rate of Growth. Ordinance (" OGO") allocations for Applicant's project on the property located at 92503 Overseas Highway, Tavernier, Florida; having parcel Identification No. 00089490-000000 ("property"), approved by Monroe County Board of County Commissioners Resolution 545-2024, attached hereto as Exhibit A. The Applicant applied for the reservation of eighty-six (86) workforce housing early evacuation affordable 1 OGO allocations pursuant to Monroe County hand Development Code Section 13 -24(b)(2) and applied for the Low.-Income Housing Tax Credit (l.,:l1J"ro through the ]Florida Housing finance Corporation to develop the eighty-six ( 6) early evacuation workforce housing dwelling units on the Property. The Applicant's request was approved by the BOCC at a regularly scheduled meeting on December 1.1,2024,pursuant to Resolution 54 -2024. In order to complete and :record the required deed. restriction., and comply ply with Monroe County building permit requirements, to develop the eighty-six ( 6) early evacuation workforce dousing dwelling units, the applicant is requesting that the BOC°C; grant a twelve (1 ) month time extension to HOC"C; Resoluution 54 -2024, thereby granting sufficient time :for the Applicant and the County to finalize the required deed restriction and record the same in the Monroe County Public Records, and for the County to issue the required Monroe County my Building Permits, 138 SIMONTON STREET, KEY WEST, FLORIDA 33040 U.S.A. T. 305-296-7227 F. 305-296-8448 I10RI NI IA 'lKS,C .PV1 Sage .1 o 2 1341 414-7178-812,v. u Devin Tolpin,Planning Director Request for Time Extension—(Resolution No. 548-2024) November 7, 2025 Page 2 of 2 If you require anything further,please do not hesitate to contact our office. Sincerely, 11010 al�muN4�moomnoa{V�,,,aor�rw'.°I" Barton W. Smith BWS/jmg/bg Enclosures CC: (Electronically): I1zeAguila (�roa���yOLi�wIfV, � „�,,rl� op���a� nt�o;q 4914-7178-8152,v. 1 1342 3, M w 2 RESOLUTION NO. 548-2024 4 A RESOLUTION Y THE O COUNTYBOARD OF COUNTY COMMISSIONERS APPROVING THE RESERVATION OFEIGHTY- 6 S. (86) WORKFORCE' HOUSING EARLY EVACUATION COMPREHENSIVE LAl L C'Y 101.3.12, POLICY 113.1.1, AND . .L°W E COUNTY LANDDEVELOPMENT CODE SECTION :13 -24, 10 FOR PROPOSEDAFFORDABLE WORKFORCS, HOUSING I I DWELLING UNITS WITHIN THE "TAVERNIER WORKFORCE 12 HOUSING SUBAREA Ili, ON PROPERTY LOCATED AT' 92501. 13 OVERSEAS HIGHWAY, KEY LA.RGO, MONROE COUNTY, 14 FLORIDA, APPROXIMATE ILA MARKER 92. , CURRENTLY 15 HAVING PROPERTY IDENTIFICATION NUMBER 000 9490- 00000, 16 AS REQUESTED BY CEMEX CONSTRUCTIONMATERIALS, 17 FLORIDA LLC, D+` /A SINGLE 'A Y CONCRETE PRODUCTS INC., 1.8 UNTIL DECEMBER 1_Q,2025,FOR U.IL G PERMIT ISSUANCE. 19 20 21 WHEREAS, the State of Florida and all local governments in the Florida Keys(each subject 2 to Area of Critical State Concern.mandates relating to housing affordability) recognize the need for 3 affordable housing throughout the state and particularly in the Florida Keys where developable land 4 for housing is extremely limited and expensive; and 2. 26 WHEREAS,the challenge of providing affordable housing opportunities in the Florida Keys 27 is one requiring sensible and responsive use of residential unit allocations, including implementation 28 of long-term preservation mechanisms; and 29 30 WHEREAS, due consideration should be ,givens to relevant factors such as the capacity for 31 allocation recipients to promptly transform allocation awards/reservations into finished and occupied 32 affordable/workforce housing units; and 3 34 WHEREAS, on December 11,2024,the hoard of County Commissioners("Monroe County", 35 " OC;C"", `Board", or the"County") approved adoption of an ordinance (Ordinance No. 030-2024), 36 establishing the Tavernier Workforce Housing Subarea 1, pursuant to newly created onnro 7 County Comprehensive plan policy 113.1.1, and 8 39 WHERE AS,pursuant to the newly created policy :l 13.1.1, the Tavernier Workforceflousing 40 Subarea 1 shall be eligible to receive up to eighty-six ( 6) k OGO allocations by means of award of 41 workforce housing early evacuation building permit allocations from .monroe County pursuant to 42 theWorkforce-Afforda1ble 1louusang lrnitiativo reserved by means of a BOCC resolution; and I of 3 1343 I WHEREAS, pursuant to Policy 101.3.12 and Monroe County Land Development Code 2 ("LDC") Section. 138-24(e), requests for workforce housing early evacuation unit allocations shall 3 require a reservation via BOCC resolution; and 4 5 WHEREAS, development of said workforce housing units on the subject property shall also 6 require a Development Agreement pursuant to LDC Section 130-143, Tavernier Commercial 7 Overlay District, wherein distribution of income categories (low, very low, median and moderate) 8 for the 86 affordable workforce housing units shall be detenniced; and 9 10 WHEREAS, the reservation of workforce housing early evacuation building permit .11 allocations for the anticipated project does not exempt the project from applicable requirements for 12 the Monroe County Comprehensive Plan,Land Development Code, Florida,.B ailding Code, and/or 13 other regulatory requirements; and 14 15 WHEREAS, the owner shall obtain all required approvals from the Monroe County Planning 16 &Environmental Resources Department for the project; and 17 18 WHEREAS, the owner shall obtain building permits for the workforce housing early 19 evacuation units by.December 11,2025; if the permit for a reserved ROGO allocation housing unit is 20 not issued by that time,the allocation shall automatically revert to Monroe County-, 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 23 COMMISSIONERS OFMONROE COUNTYJLORIDA: 24 25 Section L Recitals. The foregoing recitals are true and correct and are hereby incorporated as if 26 fully set forth herein. 27 28 Section 2. Construction and Lnter wetatiorn, The Monroe County BOCC hereby ordains that j__ 29 the interpretation of this Resolution and all provisions of the Monroe County 30 Comprehensive Plan,Florida Building Code,Florida Statutes,floodplain management 31 requirements,and Monroe County Codes whose interpretation arises out of,relates to, 32 or is interpreted in connection with this Resolution shall be liberally construed and 33 enforced in favor of the Monroe County BOCC, shall be construed in favor of the 34 Monroe County BOCC, and such interpretation shall be entitled to great weight in 35 adversarial administrative proceedings, at trial,banla-au ptcy, and on appeal. 36 37 Section 3. The Monroe County Planning and Environmental Resources Department 38 ("Department") shall extend the reservation of eighty-six (86) affordable workforce 39 housing early evacuation building permit allocations for the project at 92501 Overseas 40 Rwy, Tavernier, Key Largo, currently having property identification. number .41 00089490-000000,until December 11,2025. 42 43 Section 4® The developer must obtain the building permits for the eighty-six (86) affordable 44 workforce housing early evacuation housing units on or before December 1.1,2025 45 46 Section 5. This Resolution is subject to the requirements of the Monroe County Code of 47 Ordinances, Land Development Code, Comprehensive Plan, Florida Statutes, and 2 of 3 1344 Florida Admi nistrative dd , .. d,.in a nddition,:thfs Res'O,I.u.tionshil.i.noi-beeom.e legally 2 eff6ct:avb unfil the b.o.ve-r ferenn6-,d Ordinance adopling.Comprphensive Plan Policy:. 3 11.3.1.4 b 6nfnes ,Iegally of dctiV6 d any and d a inistiative nd dfnt;�sD d/6� n f ant a�nx d.. is sand rd ce h full d finnslf' Y. 5 concluded. 6 ion& e'develpper shall Comply with,the Monroe: o t Can �n�fte :nVd pl o nr oe :lend l:�rp.afn aat: dry: ao a 6 ..fY gad :no:f Mini^ cis, :l~fonids 9: Bnnlfdifig Code : flo6d lain management t°e fldtn��s, and y And 'all tithe 10 c adze is of o 6 ' o tyand/or Stateand/or Fed,ei°al oversight'Aig'enicies. . . 12 Sktm6k7. . Th6 Department d .Monroe.. County atfl nn' .D epartment d Flo6 laiji 13 .. Office arpf sal an l suff are Eby 6 O z to n�6d�sa 6 �edlt ifnn�ly 14 permit related 'for the above ie&reno,6d project wh 6ive& l.5 1 S 6n Sm Lm ltnnlnt :.Monroe Cad � :pr' y red s : n � a y'sla ll he'd ' . 6d to,. 17 :'hqve'wai�eit for itself br fof ahs o 6a(s�,: . .yed(s), 6a a e t(s), an y�a�vea�n , l pva - t6l, d y the'T s: "lair def6 e,. n unity,:exemption, 6r, protection an g st :suit,cause::of,:Acti on,d d,or liability. 20 . Section 9,.. Inc6 nsls e C P rfl l Inv0dit r Severgibilitv.and Suevival.of Piro W fdnsv -f any 2 poitio l'of tins. 6stnldtioh,' or any.. ant portion.theft of, ns.held,tag:be invalid o 23 n any,. .ble hy. . *: dnilsiv�h competent j jurisdiction ac H 24 the innnvalid�ty 6r ' oite_ability,6f such provision;or any p inn Wrtlarn thereof,9hall. 2 nenth li if tiori pa the pop tion; fan eabllntys 6r:Vala lty of ' y 6th���tzn�l on 26 6f ibis es6ldtl6nl':can n s):o ott:annfn(s)th ... f ill a�fh ..�nrovisn6:�ns 2T of this R solutnong. tad ned.1a°. . .(s) r: pgrtios(s) f shall. 28, impaired fin,full hod snad off t. 29 30. Section-10 l`h s .e' oluti6n shall K. e­ effective s provided by annd state4 above. 31 32 PA'90. .AND ADOPTE.Dby die. ` sngad'of .Gu.nty Co nssio'nears 6f Monroe C64ilty, Florida, qca� aregul fy se'hedid0 public tn�n held.aann the I I day of Delc b ,2024. . 36 Mayor Pro Tee Michelle Lincoln .n 7 6. . °ssl6d C h Cats 39 Coin.missioner D vld 1 p ' 9 coo issib nerHolly Merrill l �n `d . ehe es. . 44 BOARD OF C TY'C MMISS ONES OF MONROE 4 .C -FLORIDA FL . 44 45.. - ley l _ . 46 ayor James K. Scho 47'a 4A` dim �a �swa�n CD 50 a a, a 5l ra . 3 of 3 1345 F 11 1 rw w„yd ri 2 RESOLUTION NO. 548 -2024 3 4 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY 5 COMMISSIONERS APPROVING THE RESERVATION OF EIGHTY- 6 SIX (86) WORKFORCE HOUSING EARLY EVACUATION 7 AFFORDABLE ROGO ALLOCATIONS PURSUANT TO 8 COMPREHENSIVE PLAN POLICY 101.3.12, POLICY 113.1.1, AND 9 MONROE COUNTY LAND DEVELOPMENT CODE SECTION 138-24, 10 FOR PROPOSED AFFORDABLE WORKFORCE HOUSING 11 DWELLING UNITS WITHIN THE "TAVERNIER WORKFORCE 12 HOUSING SUBAREA 1", ON PROPERTY LOCATED AT 92501 13 OVERSEAS HIGHWAY, KEY LARGO, MONROE COUNTY, 14 FLORIDA, APPROXIMATE MILE MARKER 92.5, CURRENTLY 15 HAVING PROPERTY IDENTIFICATION NUMBER 00089490-000000, 16 AS REQUESTED BY CEMEX CONSTRUCTION MATERIALS, 17 FLORIDA LLC, F/K/A SINGLETARY CONCRETE PRODUCTS INC., 18 UNTIL DECEMBER 11, 2025, FOR BUILDING PERMIT ISSUANCE. 19 20 21 WHEREAS,the State of Florida and all local governments in the Florida Keys (each subject 22 to Area of Critical State Concern mandates relating to housing affordability) recognize the need for 23 affordable housing throughout the state and particularly in the Florida Keys where developable land 24 for housing is extremely limited and expensive; and 25 26 WHEREAS,the challenge of providing affordable housing opportunities in the Florida Keys 27 is one requiring sensible and responsive use of residential unit allocations, including implementation 28 of long-term preservation mechanisms; and 29 30 WHEREAS, due consideration should be given to relevant factors such as the capacity for 31 allocation recipients to promptly transform allocation awards/reservations into finished and occupied 32 affordable/workforce housing units; and 33 34 WHEREAS, on December 11, 2024,the Board of County Commissioners ("Monroe County", 35 "BOCC", "Board", or the "County") approved adoption of an ordinance (Ordinance No. 030-2024), 36 establishing the Tavernier Workforce Housing Subarea 1, pursuant to newly created Monroe 37 County Comprehensive Plan Policy 113.1.1; and 38 39 WHEREAS,pursuant to the newly created Policy 113.1.1, the Tavernier Workforce Housing 40 Subarea 1 shall be eligible to receive up to eighty-six (86) ROGO allocations by means of award of 41 workforce housing early evacuation building permit allocations from Monroe County pursuant to 42 the Workforce-Affordable Housing Initiative reserved by means of a BOCC resolution; and 1 of 3 1346 I WHEREAS, pursuant to Policy 101.3.12 and Monroe County Land Development Code 2 ("LDC") Section 138-24(e), requests for workforce housing early evacuation unit allocations shall 3 require a reservation via BOCC resolution; and 4 5 WHEREAS, development of said workforce housing units on the subject property shall also 6 require a Development Agreement pursuant to LDC Section 130-143, Tavernier Commercial 7 Overlay District, wherein distribution of income categories (low, very low, median and moderate) 8 for the 86 affordable workforce housing units shall be determined; and 9 10 WHEREAS, the reservation of workforce housing early evacuation building permit 11 allocations for the anticipated project does not exempt the project from applicable requirements for 12 the Monroe County Comprehensive Plan, Land Development Code, Florida, Building Code, and/or 13 other regulatory requirements; and 14 15 WHEREAS,the owner shall obtain all required approvals from the Monroe County Planning 16 & Environmental Resources Department for the project; and 17 18 WHEREAS, the owner shall obtain building permits for the workforce housing early 19 evacuation units by December 11, 2025; if the permit for a reserved ROGO allocation housing unit is 20 not issued by that time, the allocation shall automatically revert to Monroe County; 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 23 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 24 25 Section 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated as if 26 fully set forth herein. 27 28 Section 2. Construction and Interpretation. The Monroe County BOCC hereby ordains that 29 the interpretation of this Resolution and all provisions of the Monroe County 30 Comprehensive Plan,Florida Building Code,Florida Statutes,floodplain management 31 requirements, and Monroe County Codes whose interpretation arises out of,relates to, 32 or is interpreted in connection with this Resolution shall be liberally construed and 33 enforced in favor of the Monroe County BOCC, shall be construed in favor of the 34 Monroe County BOCC, and such interpretation shall be entitled to great weight in 35 adversarial administrative proceedings, at trial, bankruptcy, and on appeal. 36 37 Section 3. The Monroe County Planning and Environmental Resources Department 38 ("Department") shall extend the reservation of eighty-six (86) affordable workforce 39 housing early evacuation building permit allocations for the project at 92501 Overseas 40 Hwy, Tavernier, Key Largo, currently having property identification number 41 00089490-000000, until December 11, 2025. 42 43 Section 4. The developer must obtain the building permits for the eighty-six (86) affordable 44 workforce housing early evacuation housing units on or before December 11, 2025. 45 46 Section 5. This Resolution is subject to the requirements of the Monroe County Code of 47 Ordinances, Land Development Code, Comprehensive Plan, Florida Statutes, and 2of3 1347 Florida Administrative Code,and,in,addition,this Resolution shall not become legally 2 effective until the above-referenced Ordinance adopting Comprehensive Plan Policy 3 113.1.1 becomes legally effective and any and all adversarial administrative 4 proceeding(s) and/or litigation regarding said Ordinance has fully and finally 56 concluded. 7 Section 6. The developer shall comply with the Monroe County Comprehensive Plan; Monroe $ County Land Development Code, Monroe County Code of Ordinances, Florida 9 Building Code, floodplain management regulations, and any and all other 10 requirements of Monroe County and/or State and/or Federal oversight agencies. 12 Section 7. The Department and Monroe County Building ,Department and Floodplain 13 Management Office professional staff are hereby authorized to process expeditiously 14 15 permit related applications for the above referenced project received. 16 Section 8. No Liability.;Monroe County expressly reserves and in no way shall be deemed to 17 have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign, 18 governmental, and any other similar defense, immunity, exemption, or protection 19 against any suit, cause-of-action, demand, or liability. 20 21 Section 9. Inconsistency,Partial Invalidity, Severability,and Survival of Provisions. If any 22 portion of this Resolution, or anypart or portion thereof, is held to be invalid or 23 unenforceable by any administrative hearing officer or court of competent jurisdiction; 24 the invalidity or unenforceability of such provision,or any part or portion thereof,shall 25 neither limit nor impair the operation,enforceability,or validity of any other provision 26 of this Resolution,Or any remaining part(s)or'portion(s)thereof All other provisions 27 of this Resolution, and remaining part(s) or portion(s) thereof, shall continue 29 unimpaired in full force and effect. 30 Section 10. This Resolution shall become effective as provided by law.and,stated above. 31 32 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regularly scheduled public meeting held on the 11`"day of December, 2024. 35 Mayor James K. Scholl Yes 36 Mayor Pro Teen Michelle Lincoln Yes 37 Commissioner Craig Cates Yes 38 Commissioner David Rice Yes 30 Commissioner Holly Merrill Raschein Yes 41 BOARD OF COUNTY COMMISSIONERS OF MONROE 443 COUNTY, FLORIDA 44 B 45 ' y 46 L' ayor James K. Scholl 47' ATTES� T ADOK, CLERK MQhIRC1E GtStiM?Y ATTORNEY -�- �-=- I { a AP? Y&0 S0¢ORM" n is 48 t2T��fd' "yrri j " ir� p} Date: 50 51 = A DEPUTY CLERK -' 3 of 3 _Z2 cn' 1348 � fl1 one'„ vryss'' 2 RESOLUTION NO. -2025 3 4 A RESOLUTION APPROVING THE RESERVATION OF EIGHTY-SIX 5 (86)WORKFORCE HOUSING EARLY EVACUATION AFFORDABLE 6 ROGO ALLOCATIONS, AS AUTHORIZED BY COMPREHENSIVE 7 PLAN POLICIES 101.3.12 AND 113.1.1 AND MONROE COUNTY 8 LAND DEVELOPMENT CODE SECTION 138-24, ASSOCIATED 9 WITH BLACKSTONE GROUP TAVERNIER 925 LLC AND THE 10 VESTCOR COMPANIES INC. (THE "DEVELOPERS") TO ALLOW 11 FOR COMPLETION OF THE BUILDING PERMIT REQUIREMENTS 12 AND AFFORDABLE HOUSING DEED RESTRICTION 13 REQUIREMENTS OF THE DEVELOPERS' APPROVED MAJOR 14 CONDITIONAL USE PERMIT MEMORIALIZED IN MONROE 15 COUNTY PLANNING COMMISSION NO. P16-25 AND IN THE 16 DEVELOPMENT AGREEMENT APPROVED BY AND THROUGH 17 RESOLUTION NO. 171-2025, UNTIL DECEMBER 11, 2026, FOR 18 BUILDING PERMIT ISSUANCE. 19 20 21 WHEREAS, the Florida Keys must manage growth cognizant of the tripartite issues of new 22 housing stock naturally constrained by limited development potential due to the Florida Keys island 23 chain's geographic features and resulting expensive and finite dry land, and the need to safely 24 evacuate the Florida Keys in the event of hurricanes and to protect the island chain's fragile 25 environmental and natural resources; and 26 27 WHEREAS, on April 28, 2025, Monroe County approved a Development Agreement 28 approving the"redevelopment of property ... currently having Parcel ID Numbers 00490250-000000 29 and 00089490-000000 (the "Property")", for "86 attached deed restricted affordable workforce 30 dwelling units, a commercial retail use within a single 49,340 square foot structure, and 350 square 31 feet of institutional office space" as stated in Section L A. of the Development Agreement and subject 32 to requirements more particularly set forth therein; and 33 34 WHEREAS, on June 6, 2025, Monroe County approved the Major Conditional Use Permit 35 approving the development of"a commercial retail use within a single structure not to exceed 49,340 36 square feet and 350 square feet of institutional office space, and 86 attached deed restricted affordable 37 workforce dwelling units" on"the subject property ... currently having Parcel Identification Numbers 38 00089490-000000 and 00490250-000000" as stated in Monroe County Planning Commission 39 Resolution No. P16-25 and subject to requirements more particularly set forth therein; and 40 1 of 3 1349 I WHEREAS, pursuant to Policy 101.3.12 and Monroe County Land Development Code 2 ("LDC") Section 138-24(e),requests for workforce housing early evacuation unit allocations require 3 a reservation via resolution; and 4 5 WHEREAS, the reservation of workforce housing early evacuation building permit 6 allocations for the anticipated project does not exempt the project from applicable requirements for 7 the Monroe County Comprehensive Plan, Land Development Code, Code of Ordinances Florida 8 Building Code, and/or other regulatory requirements; and 9 10 WHEREAS, the above-referenced developers shall obtain all approvals required by the 11 Monroe County Planning & Environmental Resources Department; and 12 13 WHEREAS,the above-referenced developers shall obtain building permits for the workforce 14 housing early evacuation units by December 11, 2026; if the permit for a reserved ROGO allocation 15 housing unit is not issued by that time, the allocation shall automatically revert back to Monroe 16 County by operation of law; 17 18 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 19 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 20 21 Section 1. The foregoing recitals,findings of fact and conclusions of law are true and correct and 22 are hereby approved and incorporated as if fully set forth herein. 23 24 Section 2. The eighty-six (86) affordable workforce housing early evacuation building permit 25 allocations associated with the above-referenced development of the Property are 26 hereby reserved until December 11, 2026. 27 28 Section 3. The above-referenced developers must obtain the building permits for the eighty-six 29 (86) affordable workforce housing early evacuation housing units associated with the 30 above-referenced development of the Property on or before December 11, 2026. 31 32 Section 4. This Resolution neither ratifies nor approves, nor shall be interpreted as ratifying or 33 approving, any violation or violations of the Monroe County Code of Ordinances, 34 Land Development Code, Comprehensive Plan, floodplain management regulations, 35 Florida Building Code, or any law, rule, regulation, and/or approval, and shall not be 36 construed as ratifying or approving of any such violation(s). 37 38 Section 5. No Liability. Monroe County expressly reserves and in no way shall be deemed to 39 have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign, 40 governmental, and any other similar defense, immunity, exemption, or protection 42 against any suit, cause-of-action, demand, or liability. 43 Section 6. This Resolution supersedes Resolution No. 548-2024, which provides that the 44 allocations would otherwise automatically revert to Monroe County after December 45 11, 2025. 46 47 Section 7. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. If any 48 portion of this Resolution, or any part or portion thereof, is held to be invalid or 49 unenforceable by any administrative hearing officer or court of competent jurisdiction, 50 the invalidity or unenforceability of such provision,or any part or portion thereof,shall 51 neither limit nor impair the operation, enforceability, or validity of any other provision 2of3 1350 I of this Resolution, or any remaining part(s) or portion(s)thereof. All other provisions 2 of this Resolution, and remaining part(s) or portion(s) thereof, shall continue 34 unimpaired in full force and effect. 5 Section 8. This Resolution shall become effective upon approval as stated above. 6 7 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 8 Florida, at a regularly scheduled public meeting held on the 101h day of December, 2025. 9 10 Mayor Michelle Lincoln 11 Mayor Pro Tem David Rice 12 Commissioner Craig Cates 13 Commissioner James K. Scholl 114 5 Commissioner Holly Merrill Raschein 16 BOARD OF COUNTY COMMISSIONERS OF MONROE 177 COUNTY, FLORIDA 18 19 20 By: 21 Mayor Michelle Lincoln 22 ATTEST: KEVIN MADOK, CLERK 23 24 25 26 AS DEPUTY CLERK 3 of 3 wON MOP CC UNTY ATTORNEY AN: ry rOEORM � � ��� 1351