Resolution 025-2022 1
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9 MONROE COUNTY, FLORIDA
10 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
11 RESOLUTION NO. 025 - 2022
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13 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
14 COMMISSIONERS WAIVING APPROXIMATELY $7,455 IN BUILDING
15 PERMIT FEES FOR A TOTAL OF FIVE AFFORDABLE HOUSING
16 DWELLING UNITS SERVING THE MEDIAN INCOME LEVEL
17 CATEGORY (100% OF MEDIAN) OR BELOW, TO BE CONSTRUCTED
18 ON PARCELS LOCATED AT 31351 AVENUE D, 31455 AVENUE A, 31565
19 AVENUE A, 31526 AVENUE B, AND 31272 AVENUE H, ON BIG PINE
20 KEY.
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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 August 15,2018,the Board granted approval of a waiver of approximately
31 $29,500 for four deed-restricted affordable housing units to serve the low income(80%of median)
32 level at 31455 and 31565 Avenue A(both proposed as 3-Bedroom 2-Bathroom), 31526 Avenue B
33 (proposed as 2-Bedroom and 1-Bathroom), and 31272 Avenue H (proposed as 3-Bedroom 2-
34 Bathroom), on Big Pine Key as requested by Florida Keys Community Land Trust, Inc.; and
35 WHEREAS, on September 19, 2018, the Board granted approval of a waiver of
36 approximately $7,500 for one deed-restricted affordable housing unit to serve the low income
37 (80% of median) level at 31351 Avenue A (proposed as 3-Bedroom 2-Bathroom), on Big Pine
38 Key as requested by Florida Keys Community Land Trust, Inc.; and
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39 WHEREAS, on December 16, 2021 the Smith Hawks PL, Agent for Florida Keys
40 Community Land Trust, Inc. submitted the five Applications for Building Permit Fee Waiver.
41 Amendments from the aforementioned August 15, 2018 and September 19, 2018 Board approvals
42 include the increased cost of construction of the proposed units, unit reconfigurations to now
43 propose all five as 2-Bedroom 1-Bathroom units, and the change of income category level of each
44 of the five units from low income (80% of median) to median (100% of median) income. The
45 legislative intent of this Resolution is that the instant waiver shall apply to the building permit
46 applicant of record; and
47 WHEREAS, Monroe County Code Section 6-108(e) allows the Board approval for
48 waivers of building permit fees for affordable housing which have a Development Order in effect.
49 The Applicant of Record is requesting building permit fee waivers totaling approximately $44,455,
50 however the Board has previously granted waiver amounts of approximately$37,000 and therefore
51 an additional $7,455 would be the additional waiver amount granted to construct five affordable
52 (2-Bedroom 1-Bathroom) units located at 31351 Avenue D, 31455 Avenue A, 31565 Avenue A,
53 31526 Avenue B, and 31272 Avenue H, on Big Pine Key; comprised entirely of median income
54 units. These five parcels have associated Property Identification Numbers (PIN) 00304060-
55 000000, 00300890-000000, 00300740-000000, 00300840-000000, and 00306250-000000.
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57 Each of the five parcels and dwelling units shall be restricted to the median income category or
58 below.
59 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
60 COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
61 Section 1. Recitals and Legislative Intent. The foregoing recitals are true and correct and are
62 hereby incorporated as if fully stated herein.
63 Section 2. Building permit fees are hereby waived pursuant to Monroe County Code (MCC)
64 Section 6-108(e)for each of the five affordable housing units described herein with the condition
65 that evidence of an Affordable Housing Deed Restriction accepted and/or approved by both the
66 Senior Director of Planning&Environmental Services and the Office of the County Attorney and
67 recorded in the Public Records of Monroe County,Florida shall be provided to the Monroe County
68 Building Department and Monroe County Planning& Environmental Resources Department.
69 Section 3. Construction and Interpretation. This resolution and its interpretation shall be
70 liberally construed and enforced in favor of Monroe County to effectuate its public purpose(s) and
71 policy(ies) of the County. The construction and interpretation of this resolution and all Monroe
72 County Comprehensive Plan provision(s), Florida Building Code, Florida Statutes, and Monroe
73 County Code(s) provision(s) whose interpretations arises out of, relates to, or is interpreted in
74 connection with this resolution shall be liberally construed and enforced in favor of Monroe
75 County to effectuate its public purpose(s) and policy(ies) of the County, and shall be deferred in
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76 favor of the BOCC and such construction and interpretation shall be entitled to great weight in
77 adversarial administrative proceedings, at trial, bankruptcy, and on appeal.
78 Section 4. Severabilfty. If any provision oft i esolution, or any part or portion thereof, is
79 held to be invalid or unenforceable by any administrative hearing office or court of competent
80 jurisdiction, the invalidity o enforceability of such provision, or any part or portion thereof,
81 shall neither limit nor impair the operation,enforceability,or validity of any other provision of this
82 resolution, or any remaining part(s) or portion(s) thereof. All other provisions oft is resolution,
83 and remaining part(s)or portion(s)thereof, shall continue unimpaired in full force and effect.
84 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
85 Florida, at a regular meeting held on the 21 st day of January, 2022.
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87 Mayor David Rice —Y-Ca-
88 Mayor Pro Tem Craig Cates -X-Q-
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Commissioner Michelle of iron Yes
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Commissioner District 3 Vacant
9 Commissioner Holly Merrill Raschein Yes
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9 BOARD OF COUNTY COMMISSIONERS
9 ...ADOK, Clerk OF MONROE CO TY, LORIDA
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97 By By
98 As Deputy Clerk Mayor
Page 3 of 3 ASSISTANT COU14TY ArFORNEV
1114/2022