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HomeMy WebLinkAboutItem K01COUNTY of MONROE The Florida Keys BOARD OF COUNTY COMMISSIONERS Mayor Michelle Lincoln, District 2 Mayor Pro Tem David Rice, District 4 Craig Cates, District 1 James K. Scholl, District 3 Holly Merrill Raschein, District 5 Regular Meeting February 18, 2026 Agenda Item Number: KI 26-0228 BULK ITEM: Yes DEPARTMENT: Planning and Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Devin Tolpin, Sr. Director Planning & Environmental Resources AGENDA ITEM WORDING: Approval of a Resolution Approving an Extension of the Reservation of Seventy -Nine (79) Affordable Workforce Early Evacuation Building Permit ("ROGO") Allocations, requested by the Applicant Gorman & Company, LLC, for Proposed Affordable Workforce Housing Dwelling Units at 95325 and 95351 Overseas Highway, Key Largo, Monroe County, Currently Having Parcel Identification Numbers 00483360-000000 and 00483350- 000000, Until August 20, 2027, for Building Permit Issuance. ITEM BACKGROUND: Gorman & Company, LLC (the "Applicant") is requesting for the Monroe County Board of County Commissioners "("BOCC", 'Board", or the "County") to extend the reservation for Seventy -Nine (79) affordable early evacuation workforce housing Rate of Growth Ordinance ("ROGO") allocations for Applicant's project on the real property located at 95325 and 95351 Overseas Highway, Key Largo, Monroe County, currently having Parcel Identification Numbers 00483360-000000 and 00483350-000000 (the "Property"). The Applicant is requesting a reservation extension for one (1) year, having until August 20, 2027 for building permit issuance. Monroe County Land Development Code ("LDC") Section 138-24(b) allows the BOCC to reserve by resolution some or all of the available affordable housing allocations or available affordable workforce housing early evacuation unit building permit allocations for award to certain sponsoring agencies or specific housing programs consistent with all other requirements of the Chapter. 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 Code(s), Comprehensive Plan, Florida Building Code, and/or other regulatory requirements, and the owner/applicant shall obtain all required approvals for the project. The proposed reservation shall require the developer to obtain building permits for the workforce housing early evacuation units by August 20, 2027; if the permit for a reserved ROGO allocation housing unit is not issued by that time, the allocations shall automatically revert to the County. PREVIOUS RELEVANT BOCC ACTION: On August 20, 2025, the BOCC adopted Resolution No. 290-2025 reserving seventy-nine (79) affordable workforce early evacuation building permit (ROGO) allocations through August 20, 2026, which shall not become effective until referenced amendments to Comprehensive Plan Policies 10 1.2.2, 101.2.4, 101.3.1, 101.3.2, 101.3.3, 101.3.4, 101.3.10, 101.3.11, 101.3.12, 601.1, 60 1. 1. 1, 601.1.2, 601.1.8, 601.1.11, and 601.5.1 and Land Development Code Section 138-24 become legally effective and any and all adversarial administrative proceeding(s) and/or litigation regarding saif Ordinance(s) has/have fully and finally concluded. On or about November 4, 2025, the State, through the executive branch agency Florida Department of Commerce, acting as the state land planning agency, wrote a letter to Monroe County alleging that duly adopted Monroe County Ordinance No. 018-2025 was purportedly `more restrictive or burdensome' and putatively `null and void ab initio' under the ostensible authority of Section 28., Chapter 2025-190, Laws of Florida. The Monroe County Planning and Environmental Resources Department has reinitiated the text amendment process and is proposing amendments to the Monroe County Year 2030 Comprehensive Plan ("Comprehensive Plan") Policies 101.2.2, 101.2.4, 101.3.1, 101.3.2, 101.3.3, 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 (Planning Department File No. 2025- 220) and Land Development Code Section 138-24 (Planning Department File No. 2025-221). INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION Approval of the Reservation Extension of Seventy -Nine (79) Affordable Workforce Early Evacuation Building Permit Allocations. DOCUMENTATION: BOCC Resolution 290-2025 Gorman Ext. Request Nov 20, 2025 BOCC Reso Ext Gorman 2026 DRAFT FINANCIAL IMPACT: N/A KI . Approval of a Resolution Approving an Extension of the Reservation of Seventy -Nine (79) Affordable Workforce Early Evacuation Building Permit ("ROGO") Allocations, requested by the Applicant Gorman & Company, LLC, for Proposed Affordable Workforce Housing Dwelling Units at 95325 and 95351 Overseas Highway, Key Largo, Monroe County, Currently Having Parcel Identification Numbers 00483360-000000 and 00483350-000000, Until August 20, 2027, for Building Permit Issuance. P: (608) 835-3900 F: (608) 835-3922 �.. info@GormanUSA.com kilo www.GormanUSA.com 0 200 N Main Street Oregon, WI 53575 November 20, 2025 Tiffany Stankiewicz Development Administrator Monroe County Planning & Environmental Resources 2798 Overseas Highway, Suite 410 Marathon, FL 33050 RE: Request for Workforce Housing Early Evacuation ROGO Reservation Extension (Divers Cove Project in Key Largo - Resolution No. 290-2025) Dear Tiffany Stankiewicz, In my capacity as Florida Market President of Gorman & Company, LLC, I am writing this message to formally request an extension for our 79-unit workforce housing early evacuation ROGO reservation that was approved by the Monroe County Board of County Commissioners (BOCC) at its August 20th, 2025, meeting via Resolution 290-2025 for our Divers Cove project in Key Largo. Currently, Resolution 290-2025 requires Gorman & Company to obtain building permits for the 79 workforce housing early evacuation units by August 20th, 2026. However, on November 4th, 2025, FloridaCommerce determined that a comprehensive plan amendment adopted by the BOCC at the same August 20th, 2025, meeting (Amendment No. 25-03ACSC), conflicted with Chapter 2025-190, Section 28, Laws of Florida (L.O.F.), and as a result was rendered null and void. This comprehensive plan amendment would have made our 79-unit workforce housing early evacuation ROGO reservation effective once approved by FloridaCommerce. As a result of this determination, we will need to wait for Monroe County's updated comprehensive plan amendment to go through the necessary process, be adopted by the BOCC, and approved by the State. Monroe County staff estimate that the BOCC will vote to adopt the updated comprehensive plan amendment at its June 2026 meeting, the State will finish its review by the end of September 2026, and that the LDC appeal period will conclude by the end of October 2026. Due to this situation, our reservation won't become effective, and we won't be able to obtain building permits until sometime in October 2026 at the earliest, which is after our current deadline of August 20th, 2026. As such, we are requesting up to a one-year workforce housing early evacuation ROGO reservation extension for this project to make sure our reservation stays active while the updated comprehensive plan amendment works it way through the approval process. We request that the Monroe County BOCC vote on a resolution to approve this workforce housing early evacuation ROGO reservation extension request for our Divers Cove project at its January 28th, 2026, meeting. We still expect to close this transaction and begin construction by the end of 2026 if the updated comprehensive plan amendment is approved by the State in 2026. Thank you so much for your time and consideration. Pleasedon't hesitate to contact me via phone at (952) 456-1906 or via email at tclaybaugh@gormanusa.com with any questions or concerns you may have. Sincerely, d nt Claybaugh Florida Market President Gorman & Company, LLC 700 Cocoanut Avenue Sarasota, FL 34236 GOR® .. RESOLUTION NO. 290 - 2025 A RESOLUTION APPROVING THE RESERVATION OF SEVENTY- NINE (79) WORKFORCE HOUSING EARLY EVACUATION AFFORDABLE ALLOCATIONS, PURSUANT TO MONROE COUNTY COMPREHENSIVE PLAN POLICY 101.3.12 AND MONROE COUNTY LAND DEVELOPMENT CODE SECTION 138-24, FOR PROPOSED AFFORDABLE WORKFORCE HOUSING DWELLING UNITS, ON PROPERTY LOCATED AT 95325 AND 95351 OVERSEAS HIGHWAY, KEY LARGO, MONROE COUNTY, DESCRIBED AS PARCELS OF LAND IN SECTION 13, RANGE 62 SOUTH, TOWNSHIP 38 EAST, MONROE COUNTY, CURRENTLY HAVING PROPERTY IDENTIFICATION NUMBERS 00483360-000000 AND 00483350-000000, AS REQUESTED GORMAN & COMPANY, LLC ("APPLICANT", "OWNER", OR THE "DEVELOPER"), UNTIL AUGUST 20, 2026, FOR BUILDING PERMIT ISSUANCE. WHEREAS, the State of Florida and all local governments in the Florida Keys (each subject to Area of Critical State Concern mandates relating to housing affordability) recognize the need for affordable housing throughout the state and particularly in the Florida Keys where developable land for housing is extremely limited and expensive; and WHEREAS, the challenge of providing affordable housing opportunities in the Florida Keys is one requiring sensible and responsive use of residential unit allocations, including implementation of long-term preservation mechanisms; and WHEREAS, due consideration should be given to relevant factors such as the capacity for allocation recipients to promptly transform allocation awards/reservations into finished and occupied affordable/workforce housing units; and WHEREAS, on August 20, 2025, the Board of County Commissioners ("Monroe County", "BOCC", "Board", or the "County") was to consider and/or is considering adoption of an Ordinance, amending Monroe County Year 2030 Comprehensive Plan ("Comprehensive Plan") Policies 10 1.2.2, 101.2.4, 101.3.1, 101.3.2, 101.3.3, 101.3.4, 101.3.10, 101.3.11, 101.3.12, 601.1, 60 1. 1. 1, 601.1.2, 601.1.8, 601.1.11, and 601.5.1, providing for transmittal to the State Land Planning Agency and the Secretary of State, providing for amendment(s) to and incorporation into the Monroe County Comprehensive Plan, and, inter alia, providing for an effective date; and WHEREAS, on August 20, 2025, the Monroe Board of County Commissioners ("Monroe County", "BOCC", "Board", or the "County") was to consider and/or is considering adoption of an 1 of 4 Ordinance, amending Monroe County Land Development Code ("LDC") Section 138-24, providing for transmittal to the State Land Planning Agency and the Secretary of State, providing for amendment(s) to and incorporation into the Monroe County Land Development Code, and, inter alia, providing for an effective date; and WHEREAS, pursuant to Comprehensive Plan Policy 101.3.12 and LDC Section 138-24(e), requests for workforce housing early evacuation unit building permit allocations shall require a reservation via BOCC resolution; and WHEREAS, pursuant to Comprehensive Plan Policy 101.3.2 and LDC Section 138-24(a), requests for workforce housing early evacuation unit building permit allocations shall be distributed on a first -come first -serve basis subject to the requirement that at least 107 workforce housing early evacuation unit building permit allocations shall be allocated to the Lower Keys Subarea; and WHEREAS, the reservation of workforce housing early evacuation unit building permit allocations for the anticipated project does not exempt the project from applicable requirements for the Monroe County Code(s), Comprehensive Plan, Florida Building Code, and/or other regulatory requirements; and WHEREAS, the owner shall obtain all required approvals from Monroe County for the project; and WHEREAS, the owner shall obtain building permits for the workforce housing early evacuation units by August 20, 2026; if the permit for a reserved ROGO allocation housing unit is not issued by that time, the allocation shall automatically revert to Monroe County; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Recitals. The foregoing recitals, findings of fact, and conclusions of law are true and correct and are hereby incorporated as if fully stated herein. Section 2. Monroe County hereby reserves and the Monroe County Planning and Environmental Resources Department accordingly shall extend the reservation of seventy nine (79) affordable workforce housing early evacuation unit building permit allocations for the project at 95325 and 95351 Overseas Highway, Key Largo, Monroe County, Florida, Currently Having Parcel Identification Numbers 00483360-000000 and 00483350- 000000, until August 20, 2026. Section 3. To the extent of any internal or external conflicts, inconsistencies, and/or ambiguities, within this Resolution or between this Resolution and the Monroe County Code of Ordinances, Florida Building Code, Monroe County Land Development Code, Monroe County Comprehensive Plan, or any other approval of the Monroe County Board of County Commissioners, Monroe County Planning Commission, Monroe County Development Review Committee, Monroe County Planning & Environmental Resources Department, or other department or office of Monroe County, the more restrictive rule, regulation, law, provision, and text shall always apply. 2 of 4 Section 4. Subject to Section 3. above, the interpretation of this Resolution and all provisions of the Monroe County Comprehensive Plan, Florida Building Code, Monroe County Codes, Florida Statutes, and floodplain management regulations whose interpretation arise out of, relate to, or are interpreted in connection with this Resolution, shall be liberally construed and enforced in favor of Monroe County, and such interpretation shall be entitled to great weight in adversarial administrative proceedings, at trial, in bankruptcy, and on appeal. Section 5. This Resolution neither ratifies nor approves, nor shall be interpreted as ratifying or approving, any violation or violations of the Monroe County Code of Ordinances, Monroe County Land Development Code, Monroe County Comprehensive Plan, floodplain management regulations, Florida Building Code, Florida Statutes, Florida Administrative Code, or any other law, rule, or regulation, whether Federal or of the State or of Monroe County, and shall not be construed as ratifying or approving of any such violation of law(s), rule(s), or regulation(s). Section 6. Approval of this Resolution shall not estop or waive, nor shall be construed as estopping or waiving, Monroe County's right to enforce, seek enforcement of, and require compliance with the Monroe County Codes, Monroe County Comprehensive Plan, floodplain management regulations, Florida Building Code, Florida Statutes, Florida Administrative Code, or any other law, rule, or regulation, whether at law or in equity. Section 7. The developer must obtain the building permits for the seventy nine (79) affordable workforce housing early evacuation housing units on or before August 20, 2026. Section 8. This Resolution is subject to the requirements of the Monroe County Code of Ordinances, Land Development Code, Comprehensive Plan, Florida Statutes, and Florida Administrative Code, and, in addition, this Resolution shall not become legally effective until the above -referenced Ordinances adopting amendments to Comprehensive Plan Policies 101.2.2, 101.2.4, 101.3.1, 101.3.2, 101.3.3, 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 and Land Development Code Section 138-24 become legally effective and any and all adversarial administrative proceeding(s) and/or litigation regarding said Ordinance(s) has/have fully and finally concluded. Section 9. The developer shall comply with the Monroe County Code(s), Monroe County Comprehensive Plan, Florida Building Code, floodplain management regulations, and any and all other requirements of Monroe County and/or State and/or Federal oversight agencies. Section 10. No Liability. Monroe County expressly reserves and in no way shall be deemed to have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign, governmental, and any other similar defense, immunity, exemption, or protection against any suit, cause -of -action, demand, or liability. 3 of 4 I Section 11. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. If any 2 portion of this Resolution, or any part or portion thereof, is held to be invalid or 3 unenforceable by any administrative hearing officer or court of competent jurisdiction, 4 the invalidity or unenforceability of such provision, or any part or portion thereof, shall 5 neither limit nor impair the operation, enforceability, or validity of any other provision 6 of this Resolution, or any remaining part(s) or portion(s) thereof. All other provisions 7 of this Resolution, and remaining part(s) or portion(s) thereof, shall continue 8 unimpaired in full force and effect. 9 10 Section 12. Effectiveness. This Resolution shall become effective as provided by law and stated 11: above. 12 13 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 14 Florida, at a regularly scheduled public meeting held on the 20th day of August, 2025. 15 16 Mayor James K. Scholl Yes 17 Mayor Pro Tem Michelle Lincoln Yes 18 Commissioner Craig Cates Yes 19 Commissioner David Rice Yes 20 Commissioner Holly Merrill Raschein Yes 21 22 BOARD OF COUNTY COMMISSIONERS OF MONROE 24 COUNTY, FLORIDA 25 26 By: 27 Mayor James K. Scholl 28- ATTEST: KEUIN MADOK, CLERK 29r1 s APP nn TO.FORM DEPUTY .CLERK PETER MORRIS ASSISTANT COUNTY ATrORNE1f Date: 8/20/2025 F M Czn rM 4 of 4 RESOLUTION NO. -2026 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE EXTENSION OF RESERVATION OF SEVENTY-NINE (79) WORKFORCE HOUSING EARLY EVACUATION AFFORDABLE ALLOCATIONS, PURSUANT TO MONROE COUNTY COMPREHENSIVE PLAN POLICY 101.3.12 AND MONROE COUNTY LAND DEVELOPMENT CODE SECTION 138-24, FOR PROPOSED AFFORDABLE WORKFORCE HOUSING DWELLING UNITS, ON PROPERTY LOCATED AT 95325 AND 95351 OVERSEAS HIGHWAY, KEY LARGO, MONROE COUNTY, DESCRIBED AS PARCELS OF LAND IN SECTION 13, RANGE 62 SOUTH, TOWNSHIP 38 EAST, MONROE COUNTY, CURRENTLY HAVING PROPERTY IDENTIFICATION NUMBERS 00483360-000000 AND 00483350-000000, AS REQUESTED GORMAN & COMPANY, LLC ("APPLICANT", "OWNER", OR THE "DEVELOPER"), UNTIL AUGUST 20, 2027, FOR BUILDING PERMIT ISSUANCE. WHEREAS, the State of Florida and all local governments in the Florida Keys (each subject to Area of Critical State Concern mandates relating to housing affordability) recognize the need for affordable housing throughout the state and particularly in the Florida Keys where developable land for housing is extremely limited and expensive; and WHEREAS, the challenge of providing affordable housing opportunities in the Florida Keys is one requiring sensible and responsive use of residential unit allocations, including implementation of long-term preservation mechanisms; and WHEREAS, due consideration should be given to relevant factors such as the capacity for allocation recipients to promptly transform allocation awards/reservations into finished and occupied affordable/workforce housing units; and WHEREAS, on August 20, 2025, the Monroe County Board of County Commissioners duly adopted Monroe County Ordinance No 018-2025, amending Monroe County Year 2030 Comprehensive Plan ("Comprehensive Plan") Policies 101.2.2, 101.2.4, 101.3.1, 101.3.2, 101.3.3, 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, providing for transmittal to the State Land Planning Agency and the Secretary of State, providing for amendment(s) to and incorporation into the Monroe County Comprehensive Plan, and, inter alia, providing for an effective date; and 1 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 WHEREAS, on August 20, 2025, the Monroe Board of County Commissioners ("Monroe County", `BOCC", "Board", or the "County") duly adopted Monroe County Ordinance No. 019- 2025, amending Monroe County Land Development Code Section 138-24, providing for transmittal to the State Land Planning Agency and the Secretary of State, providing for amendment(s) to and incorporation into the Monroe County Land Development Code, and, inter alia, providing for an effective date; and WHEREAS, pursuant to Comprehensive Plan Policy 101.3.12 and Monroe County Land Development Code Section 138-24(e), requests for workforce housing early evacuation unit building permit allocations shall require a reservation via BOCC resolution; and WHEREAS, on August 20, 2025, the Monroe County BOCC approved BOCC Resolution No. 290-2025, reserving seventy-nine (79) workforce housing early evacuation building permit ("ROGO") allocations on the subject property through August 20, 2026; and WHEREAS, on or about November 4, 2025, the State, through the executive branch agency Florida Department of Commerce, acting as the state land planning agency, wrote a letter to Monroe County alleging that duly adopted Monroe County Ordinance No. 018-2025 was purportedly `more restrictive or burdensome' and putatively `null and void ab initio' under the ostensible authority of Section 28., Chapter 2025-190, Laws of Florida; and WHEREAS, the Monroe County Planning and Environmental Resources Department has initiated a text amendment process to propose amendments to Monroe County Year 2030 Comprehensive Plan' Policies 101.2.2, 101.2.4, 101.3.1, 101.3.2, 101.3.3, 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 to Monroe County Land Development Code ("LDC") Section 138-24; and WHEREAS, pursuant to Comprehensive Plan Policy 101.3.2 and LDC Section 138-24(a), requests for workforce housing early evacuation unit building permit allocations shall be distributed on a first -come first -serve basis; and WHEREAS, the reservation of workforce housing early evacuation unit building permit allocations for the anticipated project does not exempt the project from applicable requirements for the Monroe County Code(s), Comprehensive Plan, Florida Building Code, and/or other regulatory requirements; and WHEREAS, the owner shall obtain all required approvals from Monroe County for the project; and WHEREAS, the owner shall obtain building permits for the workforce housing early evacuation units by August 20, 2027; if the permit for a reserved ROGO allocation housing unit is not issued by that time, the allocation shall automatically revert to Monroe County; ' Monroe County Planning and Environmental Resources Department File No. 2025-220. 2 Monroe County Planning and Environmental Resources Department File No. 2025-221. 2 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Recitals. The foregoing recitals, findings of fact, and conclusions of law are true and correct and are hereby incorporated as if fully stated herein. Section 2. Monroe County hereby reserves and the Monroe County Planning and Environmental Resources Department accordingly shall extend the reservation of seventy nine (79) affordable workforce housing early evacuation unit building permit allocations for the project at 95325 and 95351 Overseas Highway, Key Largo, Monroe County, Florida, Currently Having Parcel Identification Numbers 00483360-000000 and 00483350- 000000, until August 20, 2027. Section 3. To the extent of any internal or external conflicts, inconsistencies, and/or ambiguities, within this Resolution or between this Resolution and the Monroe County Code of Ordinances, Florida Building Code, Monroe County Land Development Code, Monroe County Comprehensive Plan, or any other approval of the Monroe County Board of County Commissioners, Monroe County Planning Commission, Monroe County Development Review Committee, Monroe County Planning & Environmental Resources Department, or other department or office of Monroe County, the more restrictive rule, regulation, law, provision, and text shall always apply. Section 4. Subject to Section 3. above, the interpretation of this Resolution and all provisions of the Monroe County Comprehensive Plan, Florida Building Code, Monroe County Codes, Florida Statutes, and floodplain management regulations whose interpretation arise out of, relate to, or are interpreted in connection with this Resolution, shall be liberally construed and enforced in favor of Monroe County, and such interpretation shall be entitled to great weight in adversarial administrative proceedings, at trial, in bankruptcy, and on appeal. Section 5. This Resolution neither ratifies nor approves, nor shall be interpreted as ratifying or approving, any violation or violations of the Monroe County Code of Ordinances, Monroe County Land Development Code, Monroe County Comprehensive Plan, floodplain management regulations, Florida Building Code, Florida Statutes, Florida Administrative Code, or any other law, rule, or regulation, whether Federal or of the State or of Monroe County, and shall not be construed as ratifying or approving of any such violation of law(s), rule(s), or regulation(s). Section 6. Approval of this Resolution shall not estop or waive, nor shall be construed as estopping or waiving, Monroe County's right to enforce, seek enforcement of, and require compliance with the Monroe County Codes, Monroe County Comprehensive Plan, floodplain management regulations, Florida Building Code, Florida Statutes, Florida Administrative Code, or any other law, rule, or regulation, whether at law or in equity. Section 7. The developer must obtain the building permits for the seventy nine (79) affordable workforce housing early evacuation housing units on or before August 20, 2027. 3 of 4 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 333 35 36 37 38 3p9 41 42 43 44 45 46 47 48 49 50 Section 8. This Resolution is subject to the requirements of the Monroe County Code of Ordinances, Land Development Code, Comprehensive Plan, Florida Statutes, and Florida Administrative Code, and, in addition, this Resolution shall not become legally effective until the above -referenced Ordinances adopting amendments to Comprehensive Plan Policies 101.2.2, 101.2.4, 101.3.1, 101.3.2, 101.3.3, 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 and Land Development Code Section 138-24 become legally effective and any and all adversarial administrative proceeding(s) and/or litigation regarding said Ordinance(s) has/have fully and finally concluded. Section 9. The developer shall comply with the Monroe County Code(s), Monroe County Comprehensive Plan, Florida Building Code, floodplain management regulations, and any and all other requirements of Monroe County and/or State and/or Federal oversight agencies. Section 10. No Liability. Monroe County expressly reserves and in no way shall be deemed to have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign, governmental, and any other similar defense, immunity, exemption, or protection against any suit, cause -of -action, demand, or liability. Section It. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. If any portion of this Resolution, or any part or portion thereof, is held to be invalid or unenforceable by any administrative hearing officer or court of competent jurisdiction, the invalidity or unenforceability of such provision, or any part or portion thereof, shall neither limit nor impair the operation, enforceability, or validity of any other provision of this Resolution, or any remaining part(s) or portion(s) thereof. All other provisions of this Resolution, and remaining part(s) or portion(s) thereof, shall continue unimpaired in full force and effect. Section 12. Effectiveness. This Resolution shall become effective as provided by law and stated above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regularly scheduled public meeting held on the 28t' day of January, 2026. Mayor Michelle Lincoln Mayor Pro Tem David Rice Commissioner Craig Cates Commissioner James K. Scholl Commissioner Holly Merrill Raschein BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ATTEST: KEVIN MADOK, CLERK AS DEPUTY CLERK Mayor Michelle Lincoln AP To FCbRhfl KBE"E'ER hdtt RRI ASSISTANT COUNTYAT ORI ,Y Date: 111.512.G _ 4 of 4 Liz Yongue From: Hunt-Kacey <Hunt-Kacey@MonroeCounty-FL.Gov> Sent: Tuesday, February 17, 2026 2:04 PM To: Liz Yongue Subject: FW: Opposition to Proposed 79-Unit Workforce Housing Development at MM 95 Good afternoon, Liz. This email came in a couple weeks ago, and while it doesn't directly state opposition to a specific agenda item number, it is relevant to agenda item K1 for the upcoming BOCC meeting on 2/17/26. Please add it to the record for that item, if you agree that it applies to K1. Thank you, Kacey Hunt, Executive Assistant Michelle Lincoln Mayor Monroe County, District 2 7280 Overseas Hwy,#2 Marathon, FL 33050 Courier Stop#14A (305) 292-4512 Monroe County, Florida "The Florida Keys" PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE COUNTY REGARDING COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECTTO PUBLIC DISCLOSURE. -----Original Message----- From:Jennifer Brito<jenniferlbritol@gmail.com> Sent:Thursday,January 29, 2026 9:17 AM To: District4_planning<District4_planning@ Mon roeCounty-FL.Gov> Subject: Opposition to Proposed 79-Unit Workforce Housing Development at MM 95 [Some people who received this message don't often get email from jenniferlbritol@gmail.com. Learn why this is important at https://aka.ms/LearnAboutSenderidentification j CAUTION:This email originated from outside of the County. Whether you know the sender or not, do not click links or open attachments you were not expecting. Hello and thank you for taking the time to read my comments. My name is Jennifer Brito. I have personally lived in the Sunset Point neighborhood at MM 95 for the past five years, and my family has been part of this neighborhood and surrounding area for over 30 years. This community has long been a quiet, low-density area of Key Largo, and I am 1 deeply concerned about the detrimental impacts the proposed 79-unit workforce housing development would have on our neighborhood and the Upper Keys as a whole. This area is one of the last remaining calm and residential pockets in the Upper Keys. We have already absorbed one affordable housing development nearby, and adding another large-scale, high-density complex will significantly increase daily traffic along US-1 and within surrounding neighborhoods. Increased traffic volume raises serious safety concerns for residents, pedestrians, cyclists, and emergency responders on a highway that is already heavily congested during peak hours, weekends, and evacuation events. I am already seeing firsthand impacts from recent development across the highway. Since that development was completed,there has been a noticeable increase in people using the public beach and public boat ramp located within my neighborhood. Along with this increase has come unsafe driving behavior on our residential streets. I have personally witnessed vehicles traveling down my street at speeds approaching 40 miles per hour while leaving the beach area — behavior that was not present prior to the new development.This change has created a legitimate safety concern for residents, children, pets, and anyone walking or biking in the neighborhood, and demonstrates how additional density directly affects nearby residential areas. Evacuation capacity is another major concern. As residents of the Florida Keys, we all understand how critical safe and efficient evacuation routes are during hurricanes and other emergencies. Adding dozens of additional households to this stretch of US-1 further strains an already limited evacuation corridor and puts existing residents at increased risk. Additionally,this proposed development would eliminate one of the last remaining undeveloped parcels in our area. Undeveloped land in the Keys is not excess or unused space — it plays a vital role in supporting local wildlife, natural drainage, and environmental balance. Once it is gone, it is gone forever. Preserving green space is essential to maintaining the character, ecology, and livability of our community. The cumulative impact of increased density,traffic, noise, and loss of green space will inevitably diminish the peace, safety, and character of our neighborhood, and may negatively affect surrounding property values. Longtime residents who have invested in this community should not be forced to bear the consequences of overdevelopment that fundamentally changes the nature of where we live. I respectfully urge you to consider the long-term impacts of this project and to deny approval of the proposed 79-unit development at MM 95. Protecting the remaining quiet residential areas and green spaces of Key Largo is critical to preserving the quality of life that makes the Keys unique. Thank you for your time and consideration. Sincerely, Jennifer Brito Sunset Point Neighborhood Resident 2 Liz Yongue From: Hunt-Kacey <Hunt-Kacey@MonroeCounty-FL.Gov> Sent: Tuesday, February 17, 2026 2:05 PM To: Liz Yongue Subject: FW: 79 Unit Work Force Housing MM95 Hi Liz, Another email that is relevant to agenda item K1 for tomorrow's BOCC meeting. Thankyou, Lacey Hunt, Executive Assistant Michelle Lincoln Mayor Monroe County, District 2 7280 Overseas Hwy, #2 Marathon, FL 33050 Courier Stop#14A (305) 292-4512 Monroe County, Florida "The Florida Keys" PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE COUNTY REGARDING COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT TO PUBLIC DISCLOSURE. From:Jack Given <jpgiven4041@gmail.com> Sent:Wednesday,January 28, 2026 9:13 PM To: BOCCDIS2<boccdis2@monroecounty-fl.gov> Subject: 79 Unit Work Force Housing MM95 Some people who received this message don't often get email from ipgiven4041 @grnail.com. Learn why this is important CAUTION:This email originated from outside of the County. Whether you know the sender or not, do not click links or open attachments you were not expecting. Hello and thankyou for reading, my name is Jacl<Civen. I've lived in Key Largo at MM 95 in the sunset point neighborhood (directly across US1 from the proposed development)my entire life and now own a house in the same neighborhood. This development, if passed, will have a detrimental affect on this area of Key Largo and my neighborhood, along with my propertyvalue. This area of Key Largo is one of the last 1 calm and quiet areas in the upper keys. We have already had one affordable housing complex developed in our area and with the addition of this massive, 79 unit complex traffic is going to be a major problem and safety concern. Most likely a traffic light will be a necessity, worsening the traffic on a highway that is already a traffic nightmare. Secondly, this is one of the last slivers of undeveloped property in our area. Undeveloped land is invaluable to our few animals and wildlife left in Key Largo and it is a necessity to hold onto it, rather than give it up for the profit of another developer and downfall of peace and civility in Key Largo. I worry this development will negatively affect mine and my neighbors property value due to the loss of peace and quiet and increase in traffic in my neighborhood. Thanl(you foryour time and please do not less this development pass, it's the last thing we need. Sincerely, Jack Given Liz Yongue From: Hunt-Kacey <Hunt-Kacey@MonroeCounty-FL.Gov> Sent: Tuesday, February 17, 2026 2:06 PM To: Liz Yongue Subject: FW: Public comment on proposed development of 95325-95351 Overseas Highway Hi Liz, Here is another email pertaining to agenda item K1 for tomorrow's BOCC meeting. Thankyou, Lacey Hunt, Executive Assistant Michelle Lincoln Mayor Monroe County, District 2 7280 Overseas Hwy, #2 Marathon, FL 33050 Courier Stop#14A (305) 292-4512 Monroe County, Florida "The Florida Keys" PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE COUNTY REGARDING COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT TO PUBLIC DISCLOSURE. From:Allie Grasgreen <alliegrasgreen@gmail.com> Sent:Wednesday,January 28, 2026 8:48 PM To: BOCCDIS5<BOCCDIS5@ Mon roeCounty-FL.Gov>; Cates-Craig<Cates-Craig@ Mon roeCounty-FL.Gov>; BOCCDIS2 <boccdis2@monroecounty-fl.gov>; BOCCDIS3<BOCCDIS3@ Mon roeCounty-FL.Gov>; BOCCDIS4 <BOCCDIS4@ Mon roeCounty-FL.Gov> Subject: Public comment on proposed development of 95325-95351 Overseas Highway Some people who received this message don't often get email from alliegras reg .en@arnail.com. Learn why this is important CAUTION:This email originated from outside of the County. Whether you know the sender or not, do not click links or open attachments you were not expecting. Dear County Commissioners, i My name is Attie Ciaramella. I live with my husband and 3.5-year-old daughter at 1024 Dove Road in Key Largo, directly adjacent to and north of the proposed development on two parcels of land at 95325- 95351 Overseas Highway. I'm writing to express my opposition to the development as it's currently proposed--opposition that is shared by everyone in my neighborhood to whom I've spoken about this topic. My family has lived year-round in our first house since purchasing it in summer 2020. The following year I volunteered to serve, and continue to serve, as secretary of the board of our neighborhood HOA park; I wanted to get to know my neighbors and do my part for our community. Most mornings and afternoons my husband and daughter walk up and down our quiet street to and from school, directly past the proposed development.We both work remote full-time jobs; we have since living here. We all know the negative effects this excessively, unusually large development would bring: reckless removal of native trees and foliage, which are important to our environment and wildlife; pollution of the very waters that draw vacationers and residents alike to the Keys; a traffic surge in a residential area that is already increasingly inundated; and greater risk to human life when there is another hurricane evacuation order. Though perhaps not as significant in the grand scheme of things, the effects on my family will also be real. My daughter will be living in a construction zone for two (or more) important years of her development. My husband and I will struggle to work over the constant and incessant noise, which will strain our relationship. I hope that you and the Planning Commission, to whom I have also sent this message, will listen to the constituents who live and work in the county you represent. Please stop this project or downsize it.And please require the developers to preserve the existing treeline on the northern side of the property. Thankyou, Attie Ciaramella 971-241-1408 1024 Dove Rd. Key Largo FL, 33037 2