HomeMy WebLinkAboutResolution 055-2026
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2 RESOLUTION NO. -2026
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4 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
5 COMMISSIONERS APPROVING THE EXTENSION OF
6 RESERVATION OF SEVENTY-NINE (79) WORKFORCE HOUSING
7 EARLY EVACUATION AFFORDABLE ALLOCATIONS, PURSUANT
8 TO MONROE COUNTY COMPREHENSIVE PLAN POLICY 101.3.12
9 AND MONROE COUNTY LAND DEVELOPMENT CODE SECTION
10 138-24, FOR PROPOSED AFFORDABLE WORKFORCE HOUSING
11 DWELLING UNITS, ON PROPERTY LOCATED AT 95325 AND 95351
12 OVERSEAS HIGHWAY, KEY LARGO, MONROE COUNTY,
13 DESCRIBED AS PARCELS OF LAND IN SECTION 13, RANGE 62
14 SOUTH, TOWNSHIP 38 EAST, MONROE COUNTY, CURRENTLY
15 HAVING PROPERTY IDENTIFICATION NUMBERS 00483360-000000
16 AND 00483350-000000, AS REQUESTED GORMAN & COMPANY,
17 LLC , UNTIL
18 AUGUST 20, 2027, FOR BUILDING PERMIT ISSUANCE.
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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
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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
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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
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34 WHEREAS, on August 20, 2025, the Monroe County Board of County Commissioners duly
35 adopted Monroe County Ordinance No 018-2025, amending Monroe County Year 2030
36 Comprehensive Plan (Policies 101.2.2, 101.2.4, 101.3.1, 101.3.2, 101.3.3,
37 101.3.4, 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,
38 providing for transmittal to the State Land Planning Agency and the Secretary of State, providing
39 for amendment(s) to and incorporation into the Monroe County Comprehensive Plan, and, inter alia,
40 providing for an effective date; and
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1 WHEREAS, on August 20, 2025, the Monroe Board of County Commissioners (Monroe
2 duly adopted Monroe County Ordinance No. 019-
3 2025, amending Monroe County Land Development Code Section 138-24, providing for transmittal
4 to the State Land Planning Agency and the Secretary of State, providing for amendment(s) to and
5 incorporation into the Monroe County Land Development Code, and, inter alia, providing for an
6 effective date; and
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8 WHEREAS, pursuant to Comprehensive Plan Policy 101.3.12 and Monroe County Land
9 Development Code Section 138-24(e), requests for workforce housing early evacuation unit
10 building permit allocations shall require a reservation via BOCC resolution; and
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12 WHEREAS, on August 20, 2025, the Monroe County BOCC approved BOCC Resolution
13 No. 290-2025, reserving seventy-nine (79) workforce housing early evacuation building permit
14 (ROGO) allocations on the subject property through August 20, 2026; and
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16 WHEREAS, on or about November 4, 2025, the State, through the executive branch agency
17 Florida Department of Commerce, acting as the state land planning agency, wrote a letter to Monroe
18 County alleging that duly adopted Monroe County Ordinance No. 018-2025 was purportedly more
19 restrictive or burdensome and putatively null and void ab initio under the ostensible authority of
20 Section 28., Chapter 2025-190, Laws of Florida; and
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22 WHEREAS, the Monroe County Planning and Environmental Resources Department has
23 initiated a text amendment process to propose amendments to Monroe County Year 2030
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24 Comprehensive Plan Policies 101.2.2, 101.2.4, 101.3.1, 101.3.2, 101.3.3, 101.3.4, 101.3.10,
25 101.3.11, 101.3.12, 601.1, 601.1.1, 601.1.2, 601.1.8, 601.1.11 and to Monroe County Land
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26 Development Code (LDC) Section 138-24; and
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28 WHEREAS, pursuant to Comprehensive Plan Policy 101.3.2 and LDC Section 138-24(a),
29 requests for workforce housing early evacuation unit building permit allocations shall be distributed
30 on a first-come first-serve basis; and
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32 WHEREAS, the reservation of workforce housing early evacuation unit building permit
33 allocations for the anticipated project does not exempt the project from applicable requirements for
34 the Monroe County Code(s), Comprehensive Plan, Florida Building Code, and/or other regulatory
35 requirements; and
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37 WHEREAS, the owner shall obtain all required approvals from Monroe County for the
38 project; and
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40 WHEREAS, the owner shall obtain building permits for the workforce housing early
41 evacuation units by August 20, 2027; if the permit for a reserved ROGO allocation housing unit is
42 not issued by that time, the allocation shall automatically revert to Monroe County;
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Monroe County Planning and Environmental Resources Department File No. 2025-220.
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Monroe County Planning and Environmental Resources Department File No. 2025-221.
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1 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
2 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
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4 Section 1. Recitals. The foregoing recitals, findings of fact, and conclusions of law are true and
5 correct and are hereby incorporated as if fully stated herein.
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7 Section 2. Monroe County hereby reserves and the Monroe County Planning and Environmental
8 Resources Department accordingly shall extend the reservation of seventy nine (79)
9 affordable workforce housing early evacuation unit building permit allocations for the
10 project at 95325 and 95351 Overseas Highway, Key Largo, Monroe County, Florida,
11 Currently Having Parcel Identification Numbers 00483360-000000 and 00483350-
12 000000, until August 20, 2027.
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14 Section 3. To the extent of any internal or external conflicts, inconsistencies, and/or ambiguities,
15 within this Resolution or between this Resolution and the Monroe County Code of
16 Ordinances, Florida Building Code, Monroe County Land Development Code,
17 Monroe County Comprehensive Plan, or any other approval of the Monroe County
18 Board of County Commissioners, Monroe County Planning Commission, Monroe
19 County Development Review Committee, Monroe County Planning & Environmental
20 Resources Department, or other department or office of Monroe County, the more
21 restrictive rule, regulation, law, provision, and text shall always apply.
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23 Section 4. Subject to Section 3. above, the interpretation of this Resolution and all provisions of
24 the Monroe County Comprehensive Plan, Florida Building Code, Monroe County
25 Codes, Florida Statutes, and floodplain management regulations whose interpretation
26 arise out of, relate to, or are interpreted in connection with this Resolution, shall be
27 liberally construed and enforced in favor of Monroe County, and such interpretation
28 shall be entitled to great weight in adversarial administrative proceedings, at trial, in
29 bankruptcy, and on appeal.
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31 Section 5. This Resolution neither ratifies nor approves, nor shall be interpreted as ratifying or
32 approving, any violation or violations of the Monroe County Code of Ordinances,
33 Monroe County Land Development Code, Monroe County Comprehensive Plan,
34 floodplain management regulations, Florida Building Code, Florida Statutes, Florida
35 Administrative Code, or any other law, rule, or regulation, whether Federal or of the
36 State or of Monroe County, and shall not be construed as ratifying or approving of any
37 such violation of law(s), rule(s), or regulation(s).
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39 Section 6. Approval of this Resolution shall not estop or waive, nor shall be construed as
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41 require compliance with the Monroe County Codes, Monroe County Comprehensive
42 Plan, floodplain management regulations, Florida Building Code, Florida Statutes,
43 Florida Administrative Code, or any other law, rule, or regulation, whether at law or
44 in equity.
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46 Section 7. The developer must obtain the building permits for the seventy nine (79) affordable
47 workforce housing early evacuation housing units on or before August 20, 2027.
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