Item K3BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 19.2011_ . Division: Growth Management
Bulk Item: Yes No x Department: Building
Staff Contact Person/Phone #: Joseph Paskalik
2R9 -2574
AGENDA ITEM WORDING: Approval of a waiver of building permit fees for 48 affordable
housing units to be built at 5455 MacDonald Avenue on Stock Island (RE#0012410-000000) by
Banyan grove Development Corporation, owned by Spottswood Partners, Inc., conditioned on use of
LIHTC funding or other state or federal funding .
ITEM BACKGROUND: Monroe County Code Section 6- 108(e) requires BDCC approval For
waivers of building permit fees for affordable housing. Spottswood Partners, Inc. is requesting the
building permit fee waiver to build 48 affordable housing units for rental on Stock Island for
households with an income level up to 60% of median income. This fee waiver is conditioned upon
the use of LILHTC funding or other state or federal funding vehicles. Fees are estimated at $82,448.00
but may exceed that amount and are to be reimbursed to Fund 180.
PREVIOUS RELEVANT BOCC ACTION:
November 18, 2009 — BDCC approved Ordinance 036-2009 allowing building permit fee waiver for
entities building low income housing or leveraging state or federal funds.
CONTRACT/AGREEMENT CHANGES: nla
STAFF RECOMMENDATIONS: Approval contingent upon Development Agreement approval.
TOTAL COST: Approx. $82,448.00 INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty x OMB/Purchasing Risk Management
DOCUMENTATION: Included x Not Required
DISPOSITION: AGENDA STEM #
Revised 7109
County of Monroe
Growth Management Division
Offi of the Director
2798 overseas Highway
Suite #400
Marathon, FL 33050
Voice: (305) 289 -2517
FAX: (305) 289 -2854
Board of COURtY Commissioners
Mayor Heather Carruthers, Dist. 3
Mayor Pm Tem David Rice, Dist-4
Kim Wigington, Dist. I
George Neugent, Dist. 2
Sylvia Murphy, Dist. 5
BUILDING DEPARTMENT
Receipt date Stamp
Affordable Housing Application for Waiver of Building Permit Fees
Dam � � i�• b
E -mail `�!ar1(d Q C 0 t�& - AAS� -C�_
RE Number
Address VS �-�r�,s.� � gitCh TCI Aw4�
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Land Owner �/� AC
Owner Agent
Telephone Numbers) 0 Zcc � Zq
501(c )(3) YES (9 (circle one)
Type of construction-
(
ew Renovation
Project Name: Gw "
vV
Project Address:
.] (attach additional sheet to include a addresses within project far which rmi fee .
requested: waivers are being
Type of Project: Affordable t /o median incom -- 80 median income -- 120% m .... o .
{circle one} me dian income 1 6fl /o m e d ian income
Total number of units to be on site 49
Number of units previously developed on site Number of additional
developed units to be
Number of unit waivers sought Estimate of fees to
be waived per
unit �.
PLEASE ATTACH A DETAILED SCOPE OF WORK FOR THE PROJECT.
IF THIS IS A RENOVATION PROJECT, OR OTHER IMPROVEMENTS ARE BEING MADE IN
CONSTRUCTION, ATTACH A SEPARATE LIST OF ITEMS FOR WHICH PE ADDITION TO UNIT
AND THE AMOUNT OF THE FEES. RAT FEES ARE REQUESTED TO BE WAIVED
TOTAL ESTIMATED AMOUNT OF FEES TO BE W O°d
Signature
• fo ef0000 Title =.t co
OMB approval Date 180 Fund reimbursement source
r
County Attorney approv l
Date
County Administrator approval Date
BOCC approval Date
Banyan Grove Affordable Housing
Building Permit Fee Waiver Detail
Item Estimated Cost
1.Site Work Estimate $35800
2.13Idg. Permit 48 units 0$945 - $45380
3. Tech Fee 48 units @$2 g -$980
4. Cont. Compliance 48 units @$11- $528
Total $82448.00
V 04 w f %� 12.18.10
Documentation to support that LIHTC projects restrict renter income eligibility to 60% of Area
Median Income limit, as set forth in 26 U.S.C. 42 (g)(1)(B). Here it is:
g) Qualified low- income housing project
For purposes of this section -
(1) In general
The term "qualified low- income housing project" means any project for residential rental
property if the project meets the requirements of subparagraph (A) or (B) whichever is
elected by the taxpayer:
(A) 20 -50 test
The project meets the requirements of this subparagraph if 20 percent or more of the
residential units in such project are both rent - restricted and occupied by individuals
whose income is So percent or less of area median gross income.
(B) 40 -60 test
The project meets the requirements of this subparagraph if 40 percent or more of the
residential units in such project are both rent - restricted and occupied by individuals
whose income is 60 percent or less of area median gross income.
Any election under this paragraph, once made, shall be irrevocable. For purposes of this
paragraph, any property shall not be treated as failing to be residential rental property merely
because part of the building in which such property is located is used for purposes other than
residential rental purposes.
Summary
The LIHTC requirement will provide tax credits to help fund projects that have qualified
renter units in the development that meet the 60% AMI or below criteria. Banyan Grove will
be submitted to Florida Housing Finance Corporation as a 100% LIHTC set aside
development to achieve maximum financingfrom the tax credits.
RESOLUTION NO,, 44&2010
A RESOLUTION AMENDING THE PLANNING &
ENVIRONMENTAL RESOURCES DEPARTMENT FEE
SCHEDULE TO CLARIFY AFFORDABLE HOUSING PROJECT
DEVELOPMENT FEE EXEMPTIONS ARE NOT APPLICABLE
TO ANY DEVELOPMENT PURSUANT TO SECTION 130- 161.1,
AND THAT ALL AFFORDABLE HOUSING DEVELOPMENT IS
SUBJECT TO ADVERTISING AND NOTICE FEES;
REPEALING ANY OTHER FEE SCHEDULES INCONSISTENT
HEREWITH.
WHEREAS, the Monroe County Board of County Commissioners wishes to
provide the citizens of the County with the best possible service in the most cost effective
and reasonable manner; and
WHEREAS, the Board finds that it would be in the best interests of the general
public to charge the true cost for such services, thereby placing the burden of such costs
directly upon those parties deriving the benefit from such services; and,
WHEREAS, the updated fee schedule prepared by the Growth Management
Director for providing these services includes the estimated direct costs and reasonable
indirect costs associated with the review and processing of planning and development
approval applications and site plans, on -site biological reviews, administrative appeals,
preparation of official documentation verifying existing development rights and other
processes and services; and
WHEREAS, the Board has discussed the need to adjust the fee schedule to
compensate the county for resources needed in excess of the fee estimates included in the
base fees; and
WHEREAS, the Board has exempted the development of affordable housing
from Planning Department application fees in past fee resolutions; and
WHEREAS, Monroe County Code Section 130 -161.1 provides for a transfer of
market rate ROGO exemptions from mobile home parks if affordable housing is
preserved or constructed on the mobile home park site which is a combination of
affordable housing and market rate development and is not solely for the provision of
new affordable housing for which the fee exemption was intended; and
WHEREAS, the Board heard testimony and evidence presented as to the
appropriate fee schedule during a public hearing on November 17, 2010; and
Planning Fee Proposed November 17, 2010
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WHEREAS, the Board of County Commissioners wishes to amend fees to
compensate for resources expended in applications for private development approvals;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY FLORIDA:
Section 1. Pursuant to Section 102 - 19(9), the following schedule of fees to be charged
by the Growth Management Division for its services, including but not limited
to the filing of land development permit applications, land development
approvals, land development orders, and appeal applications, and requests for
technical services or official letters attesting to development rights recognized
by the County shall be implemented:
Administrative Appeals
1
Administrative Relief
1,011,00
Alcoholic Beverage Application
1,264.00
Appeal ROGO or NROGO to BOCC
816.00
Beneficial Use
4,490,00
Biological Site Visit (per visit)
280.00
Biologist Fee (mist — per hour)
60,00
Boundary Determination
1 1,00
Comprehensive Plan Amendment
5,531.00
Conditional Use Application, Major
10,014.00
Conditional Use, Application, Minor
8,484.00
Conditional Use, Minor Deviation
1,768,00
Conditional Use, Revised Plan Review
638.00
Conditional Use, Time Extension
986,00
Conditional Use, Transfer of Development Rights
1,239.00
Conditional Use, Transfer of Floor Area
1
Conditional Use, Transfer of ROG O Exemption
1,740.00
Development Agreement
12,900, 00
Development of Regional Impact
28,876.00
DOAH Appeals
816.00
Dock Length Variance
11 ) 026.00
Future Land Use Map Amendment
5,531.00
Grant of Conservation Easement
269.00
Habitat Evaluation Index (per hour)
60.00
Home Occupation Application
498.00
Inclusionary Housing Exemption
900.00
Land Development Regulations Text Amendment
5
Land Use District Map Amendment — Nonresidential
4,929.00
Land Use District Map Amendment Residential
41 ) 131,00
Letter of Current Site Conditions
936,00
Letter of Development Rights Determination
2,209.00
Letter of ROG O Exemption
215.00
NROGO Application
774.00
Planning Fee Proposed November 17, 2010
2 of 4
Planning Fee (misc - per hour)
Parking Agreement 1
Planning Site Visit
Platting, 5 lots or less
Platting, 6 lots or more
Pre - application with Letter of Understanding
Pre - application with No Letter of Understanding
Public Assembly
Dog in Restaurant Permit Application Fee
Research, permits and records (per hour)
Road Abandonment 1
RGGG Application
RGGG Lot/Parcel Dedication Letter
SB3601SB 1752 Additional 2 Year Extension for Development
50.00
,013.00
129.00
4,017.00
4,613.00
659.00
296.00
149.00
150.00
50.00
,533.00
748.00
236.00
Grdersirernuts
250.00
Sign Variance
1,076.00
Special Certificate of Appropriateness
200.00
Vacation Rental Application
493.00
Vacation Rental Manager License Fee
106.00
Vacation Rental Renewal
100.00
Variance, Planning Commission
1,609.00
Variance, Planning Director
1 248.00
Vested Rights Determination
2249.00
Waiver, Planning Director
1 245.00
Wetlands Delineation (per hour)
60.00
Growth Management applications may be subject to the followin g additional
fees or requirements:
1. Advertisingand /or notice fees; $245 for newspaper advertisement and $3
per property owner notice.
2. There shall be no application or other fees, except advertising nd noticing
g
fees, for affordable housing projects, except that all applicable fees shall be
charged for all development approvals required for any development under
Sec. 130- p
161.1 of the Monroe County Code.
3. Hearing fees: applicant shall pay half the cost of the hourly rate travel and
expenses of any heaving officer. County is currently charged $142.00 er hour
b Department o fAdmini (DOAH). p
Y p strative Hearings If the fee charged to the
County is increased, the charge will change proportionately.
4. Base fees listed above include a minimum of (when applicable) p ) two internal staff
meetings with applicants; one Development Review Committee public hearing;
one Planning Commission public heaving; and one Board of Coup Commission
County
public hearing. If this muumum number of meetings/hearings is exceeded the
g ,
Planning Fee Proposed November 1 7, 20 10
3 of4
4
Section 2. Any other fees schedules or provisions of the Monroe County Code
inconsistent herewith are hereby repealed.
5. Subject to technology fee of $20,
5. Applicants for Administrative Appeal who prevail based on County error, as
found by the Planning Commission, shall have the entire application fee
refunded.
Section 3.The Clerk of the Board is hereby directed to forward one (1) certified copy of
this Resolution to the Division of Growth Management.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at
a regular meeting held on the 17th day of November , 2010.
following fees shall be charged and paid prior to the private development
application proceeding through public hearings:
a. Additional internal star meeting with applicant $500.00
b. Additional Development Review Committee public hearing $500.00
c. Additional Planning Commission public hearing $700.00
d. Additional Board of County Commission public hearing $850.00
The Director of Growth Management or designee shall assure these
additional fees are paid prior to hearing scheduling. These fees apply to all
applications filed after September 15, 2010.
Mayor Heather Carruthers Yes
Mayor pro tern David Rice YeS
Commission George NLAUgent Yes --,
Commissioner Sylvia Murphy Yes
Commissioner Kim Wi Yes i
BOARD OF COUNTYCOMMIS S IONERS
OF MONROE COUNT ORIDA
r
BY.
Ma yo r Hia!ati6ex Carruthers "
DANNY L. KOLHAGE, CLERK
Deputy Cler
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MONRGE COUNTY ATTORNEY
APP OVE D AS TO FORM:
AN M. GRIM EY
ASSISTANT COUNTY ATTORNEY
Date W._.... I - .-o 2 - /
Planning Fee Proposed November 17, 20 10
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