Item I01 II
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5
Michelle Lincoln,District 2
James K.Scholl,District 3
m' David Rice,District 4
Board of County Commissioners Meeting
October 18, 2023
Agenda Item Number: I1
2023-1580
BULK ITEM: No DEPARTMENT: Building and Permitting
TIME APPROXIMATE: STAFF CONTACT: Ed Koconis
N/A
AGENDA ITEM WORDING: A Resolution of the Monroe County Board of County Commissioners
Waiving Approximately $157,704 in Building Permit Fees for a Total of 20 Moderate Income
Affordable Employee Housing Dwelling Units, or Below, to be Constructed on a Parcel Located at 104-
504 Polish Thunder Lane, on Big Coppitt Key.
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 for a building permit
fee waiver to construct 20 affordable housing units, each proposed with two bedrooms and two
bathrooms, at 101-504 Polish Thunder Lane on Big Coppitt Key. Fees to be waived are approximately
$157,704. This amount is only for the housing units. Each of the 20 units has a pro rata construction
value, based on the multi-unit buildings and associated site work, of approximately $305,000.
PREVIOUS RELEVANT BOCC ACTION:
On June 21, 2023, the Board approved Resolution 223-2023, extending the reservation of 20 affordable
employee housing dwelling units until July 24, 2024, for building permit issuance on the subject
property on Big Coppitt Key.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Building Fee Waiver Application Dickerson.PDF
Resolution 223-2023.pdf
Resolution_waiving_fees_Dickerson_2023.pdf
3420
FINANCIAL IMPACT:
Waiver of approximately $157,704 in permit fees.
3421
bllhu MONROE COUNTY GROWTH MANAGEMENT BUILDING DEPARTMENT
1 V Middle Keys/Main Office:2798 Overseas Highway,Marathon, FL(305)289-2501
Upper Keys Office: 102050 Overseas Highway, Key Largo,FL(305)453-8800
- Lower Keys Office:5503 College Road, Key West, (305)295-3990
APPLICATION FOR BUILDING PERMIT FEES:
G(WAIVER (Affordable Housing) ❑ EXEMPTION (Volunteer Fire Dept./Other State Statute)
DATE: Building Department Receipt Date stamp
Land Owner:C.ICKd & SON COPPrrr�MSING i...i.C Owner A ent: SMITH HAWKS, �'1.... I fBarton W.Smith, f::::.sq.
g ,Jess IMiles Goodallll f:::s .
Land Owner 138 Silrnointoin Street Owner Agent 138 Surrmoritur7 Stireet
Address: IKey West, II::::11.... 3304.0 Address: Key West, F11.... 33040
Contact Telephone: (305) 296-7227 Contact Email: 1:3airt@SmithHawks.com
Jess .:mi avv s.com
Project Name: ICIidkeirsoirn Affoird lbl1e 11�ot.0 siiirn 1:3iraridi@SmithHawks.com
RE#: 0012094.0 001000 Project Address: 7 Bi01 g . tt04 sr,, F�3 0 r��a�,
J ���c��p�tt Key, ri....<�<�rs4rs
PLEASE ATTACH A DETAILED SCOPE OF WORK FOR THE PROJECT. If this is a
renovation project or other improvements are being made in addition to unit construction
attach a separate list of items for which permit fees are requested to be waived and the
amount of the fees.
TOTAL ESTIM TED AMOUNT OF FEES TO BE WAIVED/EXEMPTED: $ $157,704.26
Signatur
Title Age!,
WAIVER (Affordable Housing) ONLY:
Attach additional sheet to include all addresses within project for which permit fee waivers are
beings requested:
501(c) (3): ❑ YES NO Type of Construction: eNew ❑ Renovation
Type of Project—Affordable to median income: 60% 80% ®`120% 160%
Total Number Number of units Number of
of units to be previously additional units
on site: 20 developed on site: 0 to be developed: 20
Number of units waivers sought: 20 Estimate of fees to be waived per unit: $7,885.21
00271518-v1
3422
bllhu MONROE COUNTY GROWTH MANAGEMENT BUILDING DEPARTMENT
1 V Middle Keys/Main Office:2798 Overseas Highway, Marathon,FL P05)289-2501
Upper Keys Office: 102050 Overseas Highway, Key Largo,FL P05)453-8800
- Lower Keys Office:5503 College Road, Key West, P05)295-3990
Building Official Date
Growth Management Director Date
OMB Approval Date
180 Fund Reimbursement Source
County Attorney Date
County Administrator Date
BOCC Approval Date
Scope of Work
Develop uu porgy otl of, die site wide five (y( Four (4( utlit a iuil:u...F('1ni iy uN u�:,iiirug�.
utiits w1ijc1i are two (2) i ,(Iruoni, two (y.( i)uuliir:onl, u:,acti uuie a uxl uuiuove 1)ase :6'qoou:l, uuunu:l
(Iee,ua restuuu tiulg uuii (Iwejjurug�, utlits, to u:niployeuu For a. tota.i of twenty.
(20) employee housing dwelling units,
Affordable Unit Income Category Distribution
Twetity (20) mruoderate iruu;u:urruu� uu�'`.iuuru�uuiuiu�/u�ru�aiuuyu�u,, �uuuuuiung; uuiiu:uu;uuuiuurnu:u.
00271518-v1
3423
,�' f✓Y�trF
2 RESOLUTION NO.223-2023
3
4 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
5 COMMISSIONERS APPROVING THE EXTENSION OF THE
6 RESERVATION OF TWENTY (20) AFFORDABLE ROGO
7 ALLOCATIONS (20 MODERATE) FOR PROPOSED AFFORDABLE-
8 EMPLOYEE HOUSING DWELLING UNITS ON PROPERTY OWNED
9 BY DICKERSON GROUP, INC., LOCATED AT SECTION 21,
10 TOWNSHIP 67 SOUTH, RANGE 26 EAST, BIG COPPITT KEY,
11 CURRENTLY HAVING PROPERTY IDENTIFICATION NUMBERS
12 00120940-000000 AND 00120940-000301, AS REQUESTED BY
13 SMITH/HAWKS P.L., IN ITS CAPACITY AS AUTHORIZED AGENT
14 FOR THE PROPERTY OWNER, DICKERSON GROUP INC., UNTIL
15 JULY 21, 2024 FOR BUILDING PERMIT ISSUANCE.
16
17 WHEREAS, the State of Florida and all local governments in the Florida Keys (each subject to
18 Area of Critical State Concern mandates relating to housing affordability) recognize the need for
19 affordable housing throughout the state and particularly in the Florida Keys where developable land for
20 housing is extremely limited and expensive; and
21
22 WHEREAS, the challenge of providing affordable housing opportunities in the Florida Keys is
23 one requiring sensible and responsive use of residential unit allocations, including implementation of
24 long-term preservation mechanisms; and
25
26 WHEREAS, due consideration should be given to relevant factors such as the capacity for
27 allocation recipients to promptly transform allocation awards/reservations into finished and occupied
28 affordable/workforce housing units; and
29
30 WHEREAS, Section 138-24(b)(2) of the Monroe County Land Development Code allows
31 the BOCC to authorize reservations for "specific affordable or employee housing projects participating
32 in a federal/state housing financial assistance or tax credit program or receiving some form of direct
33 financial assistance from the county upon written request from the project sponsor and approved by
34 resolution of the Board of County Commissioners," and
35
36 WHEREAS, the current property owner(s) Dickerson Group, Inc., by and through Smith/Hawks
37 P.L., in its capacity as authorized agent for said current property owner(s), is proposing to develop the
38 properties with twenty (20) affordable employee housing units; and
39
40 WHEREAS,the reservation of affordable housing allocations for the anticipated project does not
41 exempt the project from applicable requirements for the Monroe County Land Development Regulations,
42 Building Code and other regulatory requirements; and
43
1
3424
I WHEREAS, Dickerson Group Inc. shall obtain all required approvals from the Monroe County
2 Planning& Environmental Resources Department for the project; and
3
4 WHEREAS,Dickerson Group Inc. shall obtain permits for the affordable housing dwelling units
5 by July 21,2024;if the permit for a reserved ROGO allocation housing unit is not issued by that time,the
6 allocation will revert to the County;
7
8 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
9 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
10
11 Section 1. The foregoing recitals are true and correct, and are hereby incorporated as if fully set
12 forth herein.
13
14 Section 2. The Monroe County Planning Department shall reserve twenty(20)affordable ROGO
15 allocations(20 moderate income),for the pro]ect at Section 21,Township 67 South,Range 26 East,Big Coppitt
16 Key, currently having property identification numbers 00120940-000000 and 00120940-000301,until July 21,
17 2024.
18
19 Section 3. The developer must obtain the building permits for the twenty (20)
20 affordable/employee housing units on or before July 21, 2024.
21
22 Section 4. The developer shall comply with all Monroe County requirements, all applicable
23 Building Code requirements, and any other oversight agencies and their respective regulatory requirements.
24
25 Section 5. The Planning and Environmental Resources Department and Building Department
26 staffs are hereby authorized to expeditiously process permit related applications for the above referenced
27 project when received.
28
29 Section 6. Construction and Interpretation.The construction and interpretation of this
30 resolution and all Monroe County Comprehensive Plan provision(s),Florida Building Code, Florida Statutes,
31 and Monroe County Code(s) provision(s) whose interpretation arises out of, relates to, or is interpreted in
32 connection with this resolution shall be liberally construed and enforced in favor of Monroe County to
33 effectuate its public purpose(s) and policy(ies) of the County, and shall be deferred in favor of the BOCC and
34 such construction and interpretation shall be entitled to great weight in adversarial administrative proceedings,
35 at trial,bankruptcy, and on appeal.
36
37 Section 7. No Liability. Monroe County expressly reserves and in no way shall be deemed to
38 have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign, governmental, and any
39 other similar defense, immunity, exemption, or protection against any suit, cause-of-action, demand, or
40 liability.
41
42 Section 8. Severability.If any provision of this resolution, or any part or portion thereof,is
43 held to be invalid or unenforceable by any administrative hearing officer or court of competent jurisdiction,
44 the invalidity or unenforceability of such provision,or any part or portion thereof,shall neither limit nor impair
45 the operation, enforceability, or validity of any other provision of this resolution, or any remaining part(s) or
46 portion(s) thereof. All other provisions of this resolution, and remaining part(s) or portion(s) thereof, shall
47 continue unimpaired in full force and effect.
48
49 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
50 at a regular meeting held on the 21"day of June, 2023.
3425
I Mayor Craig Cates Absent
2 Mayor Pro Tern Holly Merrill Raschein Yes
3 Commissioner Michelle Lincoln Yes
4 Commissioner James Scholl Yes
5 Commissioner David Rice Absent
6
BOARD OF COUNTY
COMMISSIONERS OF MONROE
18 23 COUNTY, FLORIDA
By:
Mayor Pro Tem
EVIN MADOK, CLERK MONROE COUNTY ATTORNEY
�V J ORM
AP
4 _ 20
5 Date: —L-----ZXd23-
16 AS DEPUTY CLERK
M
roA
C= CD
CD C)
CA
3426
I
2 /A�,' 4,. �µY f i
P �h'
4 :
6 MONROE COUNTY, FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
8 RESOLUTION NO. -2023
9
10 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
11 COMMISSIONERS WAIVING APPROXIMATELY $157,704 IN
12 BUILDING PERMIT FEES FOR A TOTAL OF 20 MODERATE INCOME
13 AFFORDABLE EMPLOYEE HOUSING DWELLING UNITS,OR BELOW,
14 TO BE CONSTRUCTED ON A PARCEL LOCATED AT 104-504 POLISH
15 THUNDER LANE, ON BIG COPPITT KEY.
16
17 WHEREAS, on November 18,2009 the Monroe County Board of County Commissioners
18 ("Board") passed and adopted Ordinance 036-2009, allowing building permit fee waivers for
19 entities building low income housing leveraging state or federal funds, or affordable housing as
20 defined by state statutes; and
21 WHEREAS, on February 10, 2010, the Board passed and adopted Ordinance 004-2010,
22 allowing waivers for housing for households up to 120% of median income in Monroe County.
23 Housing exceeding 120% may also apply for a waiver if the specific project for development is
24 being subsidized with or is leveraging state or federal funding; and
25 WHEREAS, on June 21, 2023, the Board approved Resolution 223-2023, extending the
26 reservation of 20 affordable employee housing dwelling units until July 24, 2024, for building
27 permit issuance on the subject property on Big Coppitt Key; and
28 WHEREAS, on August 31, 2023, Smith Hawks, PL, Agent for the Applicant Dickerson
29 Coppitt Housing, LLC submitted the Application for Building Permit Fee Waiver. The legislative
30 intent of this Resolution is that the instant waiver shall apply to the building permit applicant of
31 record; and
32 WHEREAS, Monroe County Code Section 6-108(e) allows the Board approval for
33 waivers of building permit fees for affordable housing which have a Development Order in effect.
34 The Applicant of Record is requesting building permit fee waivers totaling approximately
35 $157,704 to construct 20 affordable two-bedroom, two-bathroom housing units at 101-504 Polish
36 Thunder Lane on Big Coppitt Key through five, four-unit multi-family buildings comprised of 20
37 moderate income units.
Pagel of 2
3427
38
39 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
40 COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
41 The foregoing recitals are true and correct and are hereby incorporated as if fully stated
42 herein; and
43 Building permit fees are waived pursuant to Monroe County Code Section 6-108(e) for
44 each of the 20 affordable housing units described herein with the condition that evidence of an
45 Affordable Housing Deed Restriction accepted and/or approved by both the Senior Director of
46 Planning & Environmental Services and the Office of the County Attorney and recorded in the
47 Public Records of Monroe County, Florida shall be provided to the Building Department and said
48 building permits are issued no later than July 24, 2024.
49 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
50 Florida, at a regular meeting held on the 18th day of October, 2023.
51 Mayor Craig Cates
52 Mayor Pro Tem Holly Merrill Raschein
53 Commissioner Michelle Lincoln
54 Commissioner James Scholl
55 Commissioner David Rice
56
57
58 (SEAL) BOARD OF COUNTY COMMISSIONERS
59 Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA
60
61 By By
62 Deputy Clerk Mayor Craig Cates
63
64 MONROE COUNTY ATTORNEY'S OFFICE
65 APPROVED AS TO FORM
66
67
68 KELLY DUGAN
69 ASSISTANT COUNTY ATTORNEY
Page 2 of 2
3428