Resolution 473-2021 1
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9 MONROE COUNTY, FLORIDA
10 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
11 RESOLUTION NO. 473 -2021
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13 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
14 COMMISSIONERS WAIVING APPROXIMATELY $112,488 IN
15 BUILDING PERMIT FEES FOR A TOTAL OF 12 AFFORDABLE
16 HOUSING DWELLING UNITS SERVING THE LOW INCOME LEVEL
17 CATEGORY (80% OF MEDIAN) OR BELOW, TO BE CONSTRUCTED
18 ON PARCELS LOCATED AT 30 SANDS ROAD, 301 COUNTY ROAD,
19 31566 AVENUE B, 31481 AVENUE C, 31063 AND 31235 AVENUE E, 31059,
20 31067, 31247, 31423 AND 31441 AVENUE G, ON BIG PINE KEY; AND
21 28279 JULIA AVENUE ON LITTLE TORCH KEY.
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23 WHEREAS, on November 18,2009 the Monroe County Board of County Commissioners
24 ("Board") passed and adopted Ordinance 036-2009, allowing building permit fee waivers for
25 entities building low income housing leveraging state or federal funds, or affordable housing as
26 defined by state statutes; and
27 WHEREAS, on February 10, 2010, the Board passed and adopted Ordinance 004-2010,
28 allowing waivers for housing for households up to 120% of median income in Monroe County.
29 Housing exceeding 120% may also apply for a waiver if the specific project for development is
30 being subsidized with or is leveraging state or federal funding; and
31 WHEREAS, on November 18, 2021 the Monroe County Housing Authority, Agent for
32 Monroe County Comprehensive Plan Land Authority submitted the 12 Applications for Building
33 Permit Fee Waiver. The legislative intent of this Resolution is that the instant waiver shall apply
34 to the building permit applicant of record; and
35 WHEREAS, Monroe County Code Section 6-108(e) allows the Board approval for
36 waivers of building permit fees for affordable housing which have a Development Order in effect.
37 The Applicant of Record is requesting building permit fee waivers totaling approximately
38 $112,488 to construct 12 affordable(2-Bedroom 1-Bathroom)units located at 30 Sands Road, 301
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39 County Road, 31566 Avenue B, 31481 Avenue C, 31063 and 31235 Avenue E, 31059, 31067,
40 31247, 31423 and 31441 Avenue G, on Big Pine Key; and 28279 Julia Avenue on Little Torch
41 Key, comprised entirely of low income units. These 12 parcels have associated Property
42 Identification Numbers (PIN) 00111320-001500, 00300500-000000, 00300790-000000,
43 00302780-000000, 00305170-000000, 00304810-000000, 00306540-000000, 00306550-000000,
44 00306200-000000, 00306000-000500, 00306000-000800, and 00222840-000000.
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46 Each of the 12 parcels and dwelling units shall be restricted to the low income category or below.
47 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
48 COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
49 Section 1. Recitals and Legislative Intent. The foregoing recitals are true and correct and are
50 hereby incorporated as if fully stated herein.
51 Section 2. Building permit fees are hereby waived pursuant to Monroe County Code (MCC)
52 Section 6-108(e) for each of the 12 affordable housing units described herein with the condition
53 that evidence of an Affordable Housing Deed Restriction accepted and/or approved by both the
54 Senior Director of Planning & Environmental Services and the Office of the County Attorney and
55 recorded in the Public Records of Monroe County,Florida shall be provided to the Monroe County
56 Building Department and Monroe County Planning & Environmental Resources Department.
57 Section 3. Construction and Interpretation. This resolution and its interpretation shall be
58 liberally construed and enforced in favor of Monroe County to effectuate its public purpose(s) and
59 policy(ies) of the County. The construction and interpretation of this resolution and all Monroe
60 County Comprehensive Plan provision(s), Florida Building Code, Florida Statutes, and Monroe
61 County Code(s) provision(s) whose interpretations arises out of, relates to, or is interpreted in
62 connection with this resolution shall be liberally construed and enforced in favor of Monroe
63 County to effectuate its public purpose(s) and policy(ies) of the County, and shall be deferred in
64 favor of the BOCC and such construction and interpretation shall be entitled to great weight in
65 adversarial administrative proceedings, at trial, bankruptcy, and on appeal.
66 Section 4. Severability. If any provision of this resolution, or any part or portion thereof, is
67 held to be invalid or unenforceable by any administrative hearing office or court of competent
68 jurisdiction, the invalidity or unenforceability of such provision, or any part or portion thereof,
69 shall neither limit nor impair the operation, enforceability, or validity of any other provision of this
70 resolution, or any remaining part(s) or portion(s) thereof. All other provisions of this resolution,
71 and remaining part(s) or portion(s)thereof, shall continue unimpaired in full force and effect.
72 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
73 Florida, at a regular meeting held on the 8th day of December , 2021.
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76 Mayor David Rice Yes
77 Mayor Pro Tern Craig Cates Yes
78 ceOg 0 z. Commissioner Michelle Coldiron Yes
' ' C---1 Commissioner District 3 Vacant
�I 'sa 23 Commissioner Holly Merrill Raschein Yes
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yob -.=6om' BOARD OF COUNTY COMMISSIONERS
84 ' - i I MADOK,Clerk OF MONROE CO TY, ;ORIDA
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86 By By
87 As Deputy Clerk Mayor
idoeOE COUNTY ATTORNEY
RO :%•ASTOI RSI:
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ASSISTANT COUNTY ATTORNEY
11/22/2021
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