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Resolution 059-2021 1i`= 4 (trly 5 6 7 MONROE COUNTY, FLORIDA 8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 9 RESOLUTION NO. 059 -2021 10 11 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY 12 COMMISSIONERS WAIVING APPROXIMATELY $202,348 IN 13 BUILDING PERMIT FEES FOR A TOTAL OF 26 AFFORDABLE 14 EMPLOYEE HOUSING DWELLING UNITS COMPRISED OF FOUR (4) 15 MEDIAN INCOME OR BELOW AND 22 MODERATE INCOME OR 16 BELOW, TO BE CONSTRUCTED ON PARCELS LOCATED AT 30906, 17 30914,30922,30930,30938,30939,30947, 30954 AND 30955 BAILEY ROAD, 18 30908, 30916, 30924, 30932, 30940, 30948 AND 30956 MERCEDES ROAD, 19 30905,30913,30921,30929,30937 AND 30953 NATHALIE ROAD,AND 210, 20 220,230 AND 240 SANDS ROAD ON BIG PINE KEY. 21 22 WHEREAS,on November 18,2009 the Monroe County Board of County Commissioners 23 ("Board") passed and adopted Ordinance 036-2009, allowing building permit fee waivers for 24 entities building low income housing leveraging state or federal funds, or affordable housing as 25 defined by state statutes; and 26 WHEREAS, on February 10, 2010, the Board passed and adopted Ordinance 004-2010, 27 allowing waivers for housing for households up to 120% of median income in Monroe County. 28 Housing exceeding 120% may also apply for a waiver if the specific project for development is 29 being subsidized with or is leveraging state or federal funding; and 30 WHEREAS, on January 8, 2021 Smith Hawks, PL, Agent for the Applicant Conch 31 Republic Housing Alliance LLC submitted the 26 Applications for Building Permit Fee Waiver. _ 32_ The legislative intent of this Resolution is that the instant waiver shall apply to the building permit 33 applicant of record; and 34 WHEREAS, Monroe County Code Section 6-108(e) allows the Board approval for 35 waivers of building permit fees for affordable housing which have a Development Order in effect. 36 The Applicant of Record is requesting building permit fee waivers totaling approximately 37 $202,348 to construct 26 affordable units (10 2-Bed 1-Bath) located at 30939, 30947 and 30955 38 Bailey Road,and 30908, 30916,30924,30932, 30940,30948, and 30956 Mercedes Road,and(16 Page 1 of 3 39 2-Bed 2-Bath) located at 30906, 30914, 30922, 30930, 30938, and 30954 Bailey Road, 30905, 40 30913, 30921, 30929, 30937, and 30953 Nathalie Road, and 210, 220, 230, and 240 Sands Road, 41 on Big Pine Key, comprised entirely of moderate income units. These 26 parcels have associated 42 Property Identification Numbers(PIN) 00300090-000500,00300090-000400,00300090-000300, 43 00300670-000000, 00300590-000800, 00300590-000700, 00300590-000600, 00300590-000500, 44 00300590-000400, 00300590-000300, 00300180-000900, 00300180-000800, 00300180-000700, 45 00300180-000600, 00300180-000500, 00300180-000300, 00300180-001000, 00300180-001100, 46 00300180-001200, 00300180-001300, 00300180-001400, 00300180-001600, 003000090- 47 000200, 003000090-000100, 00300590-000200,and 00300590-000100. 48 Parcels and dwelling units located at 30914, 30922, 30930, and 30938 Bailey Road, having PIN 49 00300180-000800, 00300180-000700, 00300180-000600, and 00300180-000500 shall be 50 restricted to median income or below while the remaining 22 aforementioned parcels and dwelling 51 units shall be restricted to the moderate category or below. 52 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 53 COMMISSIONERS OF MONROE COUNTY, FLORIDA,THAT: 54 Section 1. Recitals and Legislative Intent.The foregoing recitals are true and correct and are 55 hereby incorporated as if fully stated herein. 56 Section 2. Building permit fees are hereby waived pursuant to Monroe County Code (MCC) 57 Section 6-108(e) for each of the 26 affordable housing units described herein with the condition 58 that evidence of an Affordable Housing Deed Restriction accepted and/or approved by both the 59 Senior Director of Planning&Environmental Services and the Office of the County Attorney and 60 recorded in the Public Records of Monroe County,Florida shall be provided to the Monroe County 61 Building Department and Monroe County Planning&Environmental Resources Department. 62 Section 3. Construction and Interpretation. This resolution and its interpretation shall be 63 liberally construed and enforced in favor of Monroe County to effectuate its public purpose(s)and 64 policy(ies) of the County. The construction and interpretation of this resolution and all Monroe 65 County Comprehensive Plan provision(s), Florida Building Code, Florida Statutes, and Monroe 66 County Code(s) provision(s0 whose interpretations arises out of, relates to, or is interpreted in 67 connection with this resolution shall be liberally construed and enforced in favor of Monroe 68 County to effectuate its public purpose(s) and policy(ies) of the County, and shall be deferred in 69 favor of the BOCC and such construction and interpretation shall be entitled to great weight in 70 adversarial administrative proceedings, at trial,bankruptcy, and on appeal. 71 Section 4. Severability. If any provision of this resolution, or any part or portion thereof, is 72 held to be invalid or unenforceable by any administrative hearing office or court of competent 73 jurisdiction, the invalidity or unenforceability of such provision, or any part or portion thereof, 74 shall neither limit nor impair the operation,enforceability,or validity of any other provision of this Page 2 of 3 75 resolution, or any remaining part(s) or portion(s) thereof. All other provisions of this resolution, 76 and remaining part(s)or portion(s)thereof, shall continue unimpaired in full force and effect. 77 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 78 Florida, at a regular meeting held on the 17th day of February ,2021. 79 Mayor Michelle Coldiron Yes 80 Mayor Pro Tern David Rice Yes 81 ,� o ?x Commissioner Craig Cates Yes �\_ A Commissioner Eddie Martinez Yes p • : Commissioner Mike Forster Yes �F f A t BOARD OF COUNTY COMMISSIONERS 87 • - . • "VIN MADOK,QQ ' Clerk OF MONROE'/ CO I. ,,,FFttRID� 88 89 By 7""^^*�y/Jd•�-✓v✓ � By �/"vl •,ti��sii QOC.CI 90 As Deputy Clerk Mayor MONROE COUNTY ATTORNEY I Al”,,, E S.ST_OfORM - - ----- Cele: 9nrn 3 _ © c v c rn r rn rn co r 3 rn n W O r _v Page 3 of 3