Resolution 396-2020 1
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6 MONROE COUNTY, FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
8 RESOLUTION NO.396 -2020
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10 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
11 COMMISSIONERS WAIVING APPROXIMATELY S530,712 IN
12 BUILDING PERMIT FEES FOR A TOTAL OF 280 AFFORDABLE
13 EMPLOYEE HOUSING DWELLING UNITS COMPRISED OF 70 LOW-
14 INCOME, 98 MEDIAN-INCOME, AND 112 MODERATE-INCOME, OR
15 BELOW, TO BE CONSTRUCTED ON PARCELS LOCATED AT 6325
16 FIRST STREET, 6125 SECOND STREET, AND 5700 LAUREL AVENUE,
17 ON STOCK ISLAND, HAVING PROPERTY IDENTIFICATION
18 NUMBERS (PIN) 00124550-000000, 00124560-000000, AND 00124540-
19 000000.
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21 WHEREAS,on November 18,2009,the Monroe County Board of County Commissioners
22 ("BOCC" or"Monroe County")passed and adopted Ordinance No. 036-2009, allowing building
23 permit fee waivers for entities building low-income housing leveraging state or federal funds, or
24 affordable housing as defined by state statutes; and
25 WHEREAS, on February 10, 2010, the Board passed and adopted Ordinance No. 004-
26 2010, allowing waivers for housing for households up to 120% of median income in Monroe
27 County,and,moreover,housing exceeding 120%may also apply for a waiver if the specific project
28 for development is being subsidized with or is leveraging state or federal funding; and
29 WHEREAS, on October 27, 2020, Smith Hawks, PL, agent for the Applicant Wrecker's
30 Cay Apartments at Stock Island, LLC, submitted an Application for Building Permit Fee Waiver,
31 and,to that end,the legislative intent of this Resolution is that the instant waiver shall apply to the
32 _ building permit applicant of record; and
33 WHEREAS, MCC Section 6-108(e) allows the Board to approve waivers of building
34 permit fees for affordable housing which have a Development Order in effect, and the Applicant
35 of Record herein has requested building permit fee waivers totaling approximately $530,712 to
36 construct 280 affordable units(96 one-Bed one-Bath,72 two-Bed one-Bath, 88 two-Bed two-Bath,
37 and 24 three-Bed three-Bath) at 6325 First Street, 6125 Second Street, and 5700 Laurel Avenue,
38 on Stock Island, through eight 35-unit multi-family building comprised of 70 low-income, 98
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39 median-income, and 112 moderate-income units. This waiver amount is based upon a discounted
40 value($22,336 less on each of eight buildings)due to the Applicant's stated use of private provider
41 services for both Plan Review and Inspections;
42 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
43 COMMISSIONERS OF MONROE COUNTY,FLORIDA,THAT:
44 Section 1. Recitals and Legislative Intent. The foregoing recitals are true and correct, and
45 are hereby incorporated as if fully stated herein.
46 Section 2. Building permit fees are hereby waived pursuant to Monroe County Code (MCC)
47 Section 6-108(e) for each of the 280 affordable housing units described herein with the condition
48 that evidence of an Affordable Housing Deed Restriction accepted and/or approved by both the
49 Senior Director of Planning&Environmental Services and the Office of the County Attorney and
50 recorded in the Public Records of Monroe County,Florida,shall be provided to the Monroe County
51 Building Department and Monroe County Planning&Environmental Resources Department.
52 Section 3. Construction and Interpretation. This resolution and its interpretation shall be
53 liberally construed and enforced in favor of Monroe County to effectuate its public purpose(s)and
54 policy(ies) of the County. The construction and interpretation of this resolution and all Monroe
55 County Comprehensive Plan provision(s), Florida Building Code, Florida Statutes, and Monroe
56 County Code(s) provision(s) whose interpretation arises out of, relates to, or is interpreted in
57 connection with this resolution shall be liberally construed and enforced in favor of Monroe
58 County to effectuate its public purpose(s) and policy(ies) of the County, and shall be deferred in
59 favor of the BOCC and such construction and interpretation shall be entitled to great weight in
60 adversarial administrative proceedings, at trial,bankruptcy, and on appeal.
61 Section 4. Severability. If any provision of this resolution, or any part or portion thereof, is
62 held to be invalid or unenforceable by any administrative hearing officer or court of competent
63 jurisdiction, the invalidity or unenforceability of such provision, or any part or portion thereof,
64 shall neither limit nor impair the operation,enforceability,or validity of any other provision of this
65 resolution, or any remaining part(s) or portion(s) thereof. All other provisions of this resolution,
66 and remaining part(s)or portion(s)thereof, shall continue unimpaired in full force and effect.
67 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
68 Florida, at a regular meeting held on the 17th day of November , 2020.
69 Mayor Michelle Coldiron Yes
70 Mayor Pro Tern David Rice Yes
71 Commissioner Craig Cates Absent
72 Commissioner Eddie Martinez Yes
73 Commissioner Mike Forster Yes
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76 C BOARD OF COUNTY COMMISSIONERS
77 MADOK,Clerk OF MONROE CO '. ' ,ff• . -
78 �A ® /J By f '���� e'f
79 By 80 As Deputy Clerk Mayor
YONROE COUNTY ATTORNEY
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