Item M5 M.5
Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS
�� Mayor David Rice,District 4
The Florida Keys � Mayor Pro Tem Craig Cates,District 1
y Michelle Coldiron,District 2
James K.Scholl,District 3
Ij Holly Merrill Raschein,District 5
County Commission Meeting
July 20, 2022
Agenda Item Number: M.5
Agenda Item Summary #10799
BULK ITEM: Yes DEPARTMENT: Building
TIME APPROXIMATE: STAFF CONTACT: Ed Koconis (305) 453-8727
N/A
AGENDA ITEM WORDING: A Resolution of the Monroe Board of County Commissioners
Extending the Waiver of Approximately $211,215 in Building Permit Fees for a Total of 28
Affordable Employee Housing Dwelling Units Comprised of 14 Low Income and 14 Median
Income, or Below, to be Constructed on Parcels Located at 95301 Overseas Highway, on Key Largo,
Having Real Estate (RE) Numbers 00483370-000000, 00484390-000000 and 00484400-000000.
ITEM BACKGROUND:
Monroe County Code Section 6-108(e) allows BOCC approval of waivers of building permit fees for
affordable housing which has/have a Development Order in effect. This request is limited to
extending the waiver period (removing the date requirement approved in Resolution 265-2021) for
building permit fees to construct 11 multifamily buildings comprised of 12 one bedroom, one
bathroom units; 12 two bedroom, two and one-half bathroom units; and four (4) three bedroom, two
and one-half bathroom units at 95301 Overseas Highway on Key Largo. The total amount of fees to
be waived is approximately $211,215. This amount is only for the housing units. The construction
value total of the 11 buildings is approximately $6,885,000.
PREVIOUS RELEVANT BOCC ACTION:
June 15, 2022 - BOCC passed and adopted Resolution No. 171-2022, extending the reservation for
28 affordable housing allocations (14 low income and 14 median income) on the subject parcels,
until October 17, 2022 for building permit issuance.
August 21, 2021 — BOCC passed and adopted Resolution No. 265-2021, waiving building permit
fees for the 28 affordable housing allocations (14 low income and 14 median income) on the subject
parcels, until July 17, 2022 for building permit issuance.
March 17, 2021 — BOCC passed and adopted Resolution No. 116-2021, reserving 28 affordable
housing allocations (14 low income and 14 median income) on the subject parcels, until July 17,
2022 for building permit issuance.
February 17, 2010 — BOCC approved Ordinance 004-2010, allowing waivers from permit fees for
construction of affordable housing intended for occupancy for those households with income up to
120% of median annual adjusted gross income in Monroe County, and allowing persons or entities
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building affordable housing which uses a higher percentage median income than 120%, to apply for
such fee waivers only if the specific development project is being subsidized with or is leveraging
state or federal funding.
November 18, 2009 — BOCC approved Ordinance 036-2009, allowing not-for-profit organizations
with 501(c)(3) status from the Internal Revenue Service and constructing affordable or low income
housing as defined by state statutes, to apply for waivers from permit fees, and allowing any entity
constructing affordable low or very low income housing as defined by state statutes, to apply for
waivers from permit fees.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
BOCC Fee Waiver 265-2021
Proposed Reso waiving fees Southcliff removing time constraint stamped
Resolution 171-2022 Extending ROGO Reservations
FINANCIAL IMPACT:
Effective Date: Upon adoption
Expiration Date: n/a
Total Dollar Value of Contract: n/a
Total Cost to County: n/a (waiver of$211,215 in fees approved through Reso. 265-2021)
Current Year Portion: n/a
Budgeted: n/a
Source of Funds: n/a
CPI: n/a
Indirect Costs: n/a
Estimated Ongoing Costs Not Included in above dollar amounts: n/a
Revenue Producing: No If yes, amount:
Grant: n/a
County Match: n/a
Insurance Required: No
Additional Details:
N/A
REVIEWED BY:
Rick Griffin Completed 07/05/2022 7:54 AM
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Emily Schemper Skipped 07/05/2022 10:28 AM
Assistant County Administrator Christine Hurley Skipped
07/01/2022 6:00 PM
Purchasing Skipped 07/01/2022 6:10 PM
Brian Bradley Skipped 07/01/2022 6:10 PM
Kelly Dugan Completed 07/05/2022 1:04 PM
Budget and Finance Completed 07/05/2022 4:39 PM
Ed Koconis Completed 07/05/2022 5:25 PM
Lindsey Ballard Completed 07/05/2022 5:31 PM
Board of County Commissioners Pending 07/20/2022 9:00 AM
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6 MONROE COUNTY,FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
8 RESOLUTION NO. 265-2021
9
10 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY e 0n
11 COMMISSIONERS WAIVING APPROXIMATELY $211,215 IN
12 BUILDING PERMIT FEES FOR A TOTAL OF 28 AFFORDABLE
13 EMPLOYEE HOUSING DWELLING UNITS COMPRISED OF 14 LOW
14 INCOME AND 14 MEDIAN INCOME, OR BELOW, TO BE
15 CONSTRUCTED ON A PARCELS LOCATED AT 95301 OVERSEAS
16 HIGHWAY,ON KEY LARGO, HAVING REAL ESTATE (RE)NUMBERS
17 00483370-000000,00484390-000000, AND 00484400-000000.
18
10 WHEREAS,on November 18, 2009 the Monroe County Board of County Commissioners
20 ("Board") passed and adopted Ordinance 036-2009, allowing building permit fee waivers for
21 entities building low income housing leveraging state or federal funds, or affordable housing as
22 defined by state statutes; and 0
23 WHEREAS, on February 10, 2010,the Board passed and adopted Ordinance 004-2010,
24 allowing waivers for housing for households up to 120% of median income in Monroe County.
25 Housing exceeding 120% may also apply for a waiver if the specific project for development is
26 being subsidized with or is leveraging state or federal funding; and
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27 WHEREAS,on March 17,2021, the Board passed and adopted Resolution No. 116-2021,
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28 reserving 28 affordable housing allocations (14 low income and 14 median income)on the subject N
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2� parcels,until July 17,2022 for building permit issuance; and
30 WHEREAS, on July 30, 2022 Frank Pla, Authorized Member for Applicant South Cliff
31 Holdings, LLC submitted the Application for Building Permit Fee Waiver. The legislative intent
32 of this Resolution is that the instant waiver shall apply to the building permit applicant of record; U
33 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 a building permit fee waiver of approximately $211,215 to
3� ponstruct 11 multifamily buildings comprised of 12 one bedroom, one bathroom units; 12 two
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38 bedroom,two and one-half bathroom units;and four(4)three bedroom,two and one half bathroom
��39 �i-units at 95301 Overseas Highway on Key Largo.
�'40 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
41 COMMISSIONERS OF MONROE COUNTY,FLORIDA,THAT:
42 The foregoing recitals are true and correct and are hereby incorporated as if fully stated
43 herein;and
44 Building permit fees are waived pursuant to Monroe County Code Section 6-108(e)for the 0
45 multi-family buildings comprising the 28 affordable housing units described herein with the L_
46 condition that evidence of an Affordable Housing Deed Restriction(s) accepted and/or approved
47 by both the Senior Director of Planning & Environmental Services and the Office of the County
,2,, 4O k,,,Attorney and recorded in the Public Records of Monroe County, Florida shall be provided to the
49 Building Department and said permits are issued no later than July 17,2022.
50 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
51 Florida,at a regular meeting held on the 18t1 day of August,2021.
52 Mayor Michelle Coldiron = Yes_
®� Mayor Pro Ten:David Rice Yes
3 Commissioner Craig Cates Yes
s Commissioner Eddie Martinez Yes
E = Commissioner Mike Forster Absent 0
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5`� ) BOARD OF COUNTY COMMISSIONERS
60 Attest: WVIN MADOK, Clerk OF MONROE CO
61
62 By Nl j� B Y CN
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63 As DepUy Clerk Mayor Michelle Coldiron LO
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�-- NOTROE COUNTY ATTORNEY n
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ASSISMOT COUNTY ATMILNE LL
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6 MONROE COUNTY, FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
8 RESOLUTION NO. -2022
9
10 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
11 COMMISSIONERS EXTENDING THE WAIVER OF APPROXIMATELY U)
12 $211,215 IN BUILDING PERMIT FEES FOR A TOTAL OF 28
13 AFFORDABLE EMPLOYEE HOUSING DWELLING UNITS
14 COMPRISED OF 14 LOW INCOME AND 14 MEDIAN INCOME, OR
0
15 BELOW, TO BE CONSTRUCTED ON A PARCELS LOCATED AT 95301
16 OVERSEAS HIGHWAY,ON KEY LARGO,HAVING REAL ESTATE(RE)
17 NUMBERS 00483370-000000, 00484390-000000,AND 00484400-000000.
18
19 WHEREAS, on November 18,2009 the Monroe County Board of County Commissioners
20 ("Board") passed and adopted Ordinance 036-2009, allowing building permit fee waivers for
21 entities building low income housing leveraging state or federal funds, or affordable housing as 0
22 defined by state statutes; and
23 WHEREAS, on February 10, 2010, the Board passed and adopted Ordinance 004-2010,
24 allowing waivers for housing for households up to 120% of median income in Monroe County.
25 Housing exceeding 120% may also apply for a waiver if the specific project for development is E
2
26 being subsidized with or is leveraging state or federal funding; and
27 WHEREAS,on March 17,2021,the Board passed and adopted Resolution No. 116-2021,
28 reserving 28 affordable housing allocations (14 low income and 14 median income)on the subject LO
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29 parcels, until July 17, 2022 for building permit issuance; and 0
30 WHEREAS, on July 30, 2021 Frank Pla, Authorized Member for Applicant South Cliff
31 Holdings, LLC submitted the Application for Building Permit Fee Waiver. The legislative intent
32 of this Resolution is that the instant waiver shall apply to the building permit applicant of record; U)
33 and
34 WHEREAS, on June 15, 2022, the Board passed and adopted Resolution No. 171-2022, 0
35 extending the reservation for 28 affordable housing allocations (14 low income and 14 median
36 income) on the subject parcels, until October 17, 2022 for building permit issuance; and 4,
37
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39 WHEREAS, Monroe County Code Section 6-108(e) allows the Board approval for U)
40 waivers of building permit fees for affordable housing which have a Development Order in effect.
41 The Applicant of Record is requesting a building permit fee waiver of approximately $211,215 to as
42 construct 11 multifamily buildings comprised of 12 one bedroom, one bathroom units; 12 two
43 bedroom,two and one-half bathroom units; and four(4)three bedroom,two and one half bathroom
44 units at 95301 Overseas Highway on Key Largo.
as
45 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY as
46 COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
47 The foregoing recitals are true and correct and are hereby incorporated as if fully stated c
48 herein; and
49 Building permit fees are waived pursuant to Monroe County Code Section 6-108(e)for the 0
50 multi-family buildings comprising the 28 affordable housing units described herein with the
51 condition that evidence of an Affordable Housing Deed Restriction(s) accepted and/or approved
52 by both the Senior Director of Planning & Environmental Services and the Office of the County E
53 Attorney and recorded in the Public Records of Monroe County, Florida shall be provided to the
54 Building Department.
55 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
56 Florida, at a regular meeting held on the 20th day of July, 2022.
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57 Mayor David Rice
58 Mayor Pro Tem Craig Cates
59 Commissioner Michelle Coldiron E
as
60 Commissioner James Scholl
61 Commissioner Holly Merrill Raschein
62
63
as
64 (SEAL) BOARD OF COUNTY COMMISSIONERS
65 Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA
66
67 By By
68 Deputy Clerk Mayor David Rice °'
69
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0
MONROE COUNTY ATTORNEY CL
APPROVED AS TO FORM: 0
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KELLY DUGAN ef,!
ASSISTANT COUNTY ATTORNEY dS
DATE: July 5,2022 E
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2 RESOLUTION NO. 171 -2022
3 en
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4 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY 0
5 COMMISSIONERS APPROVING THE RESERVATION EXTENSION
6 OF TWENTY-EIGHT (28)AFFORDABLE ROGO ALLOCATIONS (14
7 LOW INCOME AND 14 MEDIAN) FOR PROPOSED EMPLOYEE X
8 HOUSING DWELLING UNITS ON PROPERTY OWNED BY SOUTH W
9 CLIFF HOLDINGS LLC LOCATED 95295 OVERSEAS HIGHWAY,
10 SECTION 13, TOWNSHIP 62, RANGE 38 PART TRACT 6,
11 SOUTHCLIFF ESTATES, KEY LARGO, APPROXIMATE MILE
12 MARKER 95.5, HAVING PROPERTY IDENTIFICATION NUMBER
13 00483370-000100, AND FOR PROPERTY LOCATED ON LOTS 1 & 2,
14 BLOCK 1 REVISED PLAT OF SUNRISE POINT, KEY LARGO _
15 HAVING PROPERTY IDENTIFICATION NUMBER(S) 00484390-
16 000000 AND 00484400-000000 AS REQUESTED BY FRANK PLA,
17 UNTIL OCTOBER 17, 2022 FOR BUILDING PERMIT ISSUANCE.
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18
19 WHEREAS, the State of Florida and all local governments in the Florida Keys (each subject to
20 Area of Critical State Concern mandates relating to housing affordability) recognize the need for
21 affordable housing throughout the state and particularly in the Florida Keys where developable land for
22 housing is extremely limited and expensive; and U)
23 2
24 WHEREAS, the challenge of providing affordable housing opportunities in the Florida Keys is
25 one requiring sensible and responsive use of residential unit allocations, including implementation of
26 long-term preservation mechanisms; and
27 0
28 WHEREAS, due consideration should be given to relevant factors such as the capacity for
29 allocation recipients to promptly transform allocation awards/reservations into finished and occupied
30 affordable/workforce housing units; and
31
32 WHEREAS, Section 138-24(b)(2) of the Monroe County Land Development Code allows X
33 the BOCC to authorize reservations for "specific affordable or employee housing projects W
34 participating in a federal/state housing financial assistance or tax credit program or receiving some Q
35 form of direct financial assistance from the county upon written request from the project sponsor and
36 approved by resolution of the Board of County Commissioners," and
37
38 WHEREAS, South Cliff Holdings, LLC are proposing to develop the properties with twenty-
39 eight(28) affordable employee housing units; and U)
40
41 WHEREAS, the reservation of affordable housing allocations for the anticipated project does
42 not exempt the project from applicable requirements for the Monroe County Land Development
43 Regulations, Building Code and other regulatory requirements; and
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1 WHEREAS, South Cliff Holdings, LLC shall obtain all required approvals from the Monroe
2 County Planning&Environmental Resources Department for the project; and U)
3
4 WHEREAS, South Cliff Holdings, LLC shall obtain permits for the affordable housing
5 dwelling units by October 17, 2022; if the permit for a reserved ROGO allocation housing unit is not
6 issued by that time,the allocation will revert to the County;
0
7
2
8 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 0
9 COMMISSIONERS OF MONROE COUNTY,FLORIDA: a
10 Us
11 Section 1: The foregoing recitals are true and correct, and are hereby incorporated as if
X
12 fully set forth herein.
13
14 Section 2: The Monroe County Planning Department shall reserve twenty-eight(28) affordable
15 ROGO allocations (14 low income and 14 median income), for the project at 95295 Overseas
16 Highway, Section 13, Township 62, Range 38 Part Tract 6, Southcliff Estates, Key Largo, having
17 Property Identification Number 00483370-000100, and Lots 1 &2, Block 1 Revised Plat of Sunrise
18 Point Key Largo, have Property Identification Number(s) 00484390-000000 and 00484400-000000
19 until October 17,2022.
20 0
21 Section 3: The developer must obtain the building permits for the twenty-eight (28)
22 affordable/employee housing on or before October 17,2022.
23 0
24 Section 4: The developer shall comply with all Monroe County requirements, all applicable
25 Building Code requirements, and any other oversight agencies. U)
26
27 Section 5: The Planning and Building Department Staff is hereby authorized to process
28 expeditiously permit related applications for the above referenced project when received.
29
30 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
31 at a regular meeting held on the 15th day of June,2022.
32
33 ,, CY Mayor David Rice Yes
34 Mayor Pro Tern Craig Cates Yes
35 Commissioner Michelle Coldiron Yes
36 ' Commissioner James Scholl Yes
37 ,_ L;, Commissioner Holly Merrill Raschein Yes N
38 N
39 `" - BOARD OF COUNTY COMMISSIONERS OF MONROE
40 _ COUNTY,FLORIDA
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41 ,:_
42 '- .��� ' `�°�� ayor David Ri
43 (SEAL) U)
38 23
44 ATTEST: KEVIN MADOK CLE QNROE=UNTYATTORNEY
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45 -0
46 AS PUTY ERK - "' m
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