Item I03 I3
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: I3
2023-1583
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 $210,830 in Building Permit Fees for a Total of 24 Moderate Income or Below
Affordable Employee Housing Dwelling Units, to be Constructed on a Parcel Located at 21585 Old
State Road 4A, on Cudjoe Key Currently having Parcel Identification Number 00174960-000000.
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 for a building permit
fee waiver to construct 24 affordable housing units, each proposed with two bedrooms and two
bathrooms, at 21585 Old State Rd 4A on Cudjoe Key. Fees to be waived are approximately $210,830.
This amount is only for the housing units. Each of the 24 units has a pro rata construction value, based
on the multi-unit buildings and associated site work, of approximately $365,000.
PREVIOUS RELEVANT BOCC ACTION:
On February 15, 2023, the Board approved Resolution 084-2023, approving the reservation of 13
affordable employee housing dwelling units until February 15, 2024, for building permit issuance on the
subject property on Cudjoe Key. Eleven existing units on the site are also being redeveloped and are
included the 24 units requested to have fees waived.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Executed_Amended Application for Bldg Permit Fees Waiver or Exemption Coco 09.27.2023_.pdf
Resolution 084-2023.pdf
Resolution_waiving_fees_Coco_Pal s_Cudjoe_2023.pdf
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FINANCIAL IMPACT:
Waiver of approximately $210,830 in permit fees.
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MONROE COUNTY GROWTH MANAGEMENT BUILDING DEPARTMENT
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:
✓ WAIVER (Affordable Housing) ❑ EXEMPTION (Volunteer Fire Dept./Other State Statute)
DATE: September 27, 2023 Building Department Receipt Date stamp
Owner Agent:
Land Owner: Mobile Homes Holdings Coco, LLC SMITH HAWKS, PL Barton W. Smith, Esq.
Jess Miles Goodall, Esq.
Land Owner 5555 College Road Owner Agent 138 Simonton Street
Address: Key West, FL 33040 Address: Key West, FL 33040
Contact art@ mith aw s.com
Telephone: (305)296-7227 Contact Email: Jess@Smith aw s.com
ELgn.g 7Smithljawksxorn
Project Name: Coco Palms
Project Address: 21585 Old State Road 4A
RE#: 00174960-000000 Cudjoe Key, FL 33042
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 ESTIMATED AMOUNT OF FEES TO BE WAIVED/EXEMPTED: $210,829.79
Signature:
Title: Ant
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: ✓❑ New ❑ Renovation
Type of Project—Affordable to median income: ❑ 60% ✓❑80% 1000% ❑160%
120/o
Total Number of Number of units Number of additional
Units to be on site: 46 previously developed 33 units to be 24
on site: developed:
Number of units waivers sought: Estimate of fees to be waived per
24 unit: $8,784.57
Building Official Date
Growth Management Director Date
OMB Approval Date
---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
180 Fund Reimbursement Source
County Attorney Date
County Administrator Date
BOCC Approval Date
C:\Users\koconis-ed\Desktop\Application for Bldg Permit Fees Waiver or Exemption Coco 2023.doc-3/1/2023
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MONROE COUNTY GROWTH MANAGEMENT BUILDING DEPARTMENT
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
Scope of Work
Redevelop a portion of the site by removing existing mobile homes and developing additional
(6) six (4)-unit multi-family dwelling units which are two (2) bedroom, two (2) bathroom, each
elevated above base flood, and deed restricting all dwelling units to employee housing, thereby
increasing the total number of employee housing units on the Property to forty-six (46) units.
Affordable Unit Income Category Distribution
The twenty-four (24) units subject to this waiver request are comprised of five (5) low income,
eleven (11) median income, and eight (8) moderate income.
The entire site would then contain a total of eleven (11) low income, eleven (11) median
income, and twenty-four (24) moderate income units.
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F
11
1 rw w„yd ri
2 RESOLUTION NO. 084 -2023
3
4 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
5 COMMISSIONERS APPROVING THE RESERVATION OF THIRTEEN (13)
6 AFFORDABLE HOUSING ROGO ALLOCATIONS CONSISTING OF
7 FOUR (4) LOW-INCOME, FOUR (4) MEDIAN-INCOME, AND FIVE (5)
8 MODERATE-INCOME CATEGORY ROGO ALLOCATIONS FOR
9 PROPOSED AFFORDABLE HOUSING DWELLING UNITS ON CUDJOE
10 KEY ON PROPERTY LEGALLY DESCRIBED AS LOT 30, SACARMA, A
11 SUBDIVISION OF GOVERNMENT LOTS 3 AND 4 IN SECTION 29,
12 TOWNSHIP 66 SOUTH, RANGE 28 EAST, CUDJOE KEY, MONROE
13 COUNTY, FLORIDA, CURRENTLY HAVING PROPERTY
14 IDENTIFICATION NUMBER 00174960-000000,UNTIL FEBRUARY 15,2024,
15 FOR BUILDING PERMIT ISSUANCE.
16
17 WHEREAS,the State of Florida and all local governments in the Florida Keys (each subject to Area
18 of Critical State Concern mandates relating to housing affordability)recognize the need for affordable housing
19 throughout the state and particularly in the Florida Keys where developable land for housing is extremely
20 limited and expensive; and
21
22 WHEREAS, the challenge of providing affordable housing opportunities in the Florida Keys is one
23 requiring sensible and responsive use of residential unit allocations, including implementation of long-term
24 preservation mechanisms; and
25
26 WHEREAS,due consideration should be given to relevant factors such as the capacity for allocation
27 recipients to promptly transform allocation awards/reservations into finished and occupied
28 affordable/workforce housing units; and
29
30 WHEREAS, in accordance with Section 138-24(b)(2) of the Monroe County Land Development
31 Code ("LDC") the Monroe County Board of County Commissioners (`BOCC"or"Monroe County") may
32 authorize affordable housing ROGO allocation reservations for "specific affordable or employee
33 housing proj ects participating in a federal/state housing financial assistance or tax credit program or receiving
34 some form of direct financial assistance from the county upon written request from the project sponsor and
35 approved by resolution of the board of county commissioners," and
36
37 WHEREAS, Mobile Homes Holdings Coco, LLC, is proposing to develop the property with an
38 additional thirteen (13) affordable housing units and is applying for Federal assistance Federal Emergency
39 Management Agency ("FEMA")under the Flood Mitigation Grant program for the site; and
40
41 WHEREAS, LDC Code Sec. 138-24(b) allows reservation of affordable ROGO allocations by the
42 Board for specific housing programs,which includes projects participating in a federal/state housing financial
43 assistance; and
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I WHEREAS, the reservation of affordable housing allocations for the anticipated project, does not
2 exempt the project from applicable requirements for the Monroe County Codes, Monroe County
3 Comprehensive Plan,Building Code(s), floodplain management regulations, and other federal, state, and local
4 requirements; and
5
6 WHEREAS, Mobile Homes Holdings Coco, LLC, shall obtain all required approvals from the
7 Monroe County Planning and Environmental Resources Department for the project; and
8
9 WHEREAS, Mobile Homes Holdings Coco, LLC, shall obtain permits for the affordable housing
10 dwelling units by February 15, 2024; if the permits are not issued, the allocations shall automatically
11 revert to the BOCC by operation of law;
12
13 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
14 COMMISSIONERS OF MONROE COUNTY,FLORIDA:
15
16 Section 1. The foregoing recitals are true and correct, and are hereby incorporated as if fully set
17 forth herein.
18
19 Section 2. Construction and Interpretation.This Resolution is necessary for the health,safety,
20 and welfare of the residents of and visitors to the county.This Resolution and its interpretation shall be liberally
21 construed and enforced in favor of Monroe County to effectuate its County public purpose(s).The construction
22 and interpretation of this Resolution and all Monroe County Comprehensive Plan provision(s), Florida
23 Building Code, Florida Statute, and Monroe County Code(s) provision(s) whose interpretation arises out of,
24 relates to,or is interpreted in connection with this Resolution shall be liberally construed and enforced in favor
25 of Monroe County and such construction and interpretation shall be entitled to great weight in adversarial
26 administrative proceedings, at trial, bankruptcy, and on appeal. To the extent of any conflict within one or
27 more part(s),portion(s),or section(s)within this Resolution and to the extent of any conflict within any part(s),
28 portion(s), or section(s) of this Resolution vis-a-vis any prior representation or agreement of any kind,
29 approval, development order, development permit, letter of understanding, or letter of development rights
30 determination,the more restrictive is deemed to be controlling.
31
32 Section 3. No Liability. Monroe County expressly reserves and in no way shall be deemed to
33 have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign, governmental, and any
34 other similar defense, immunity, exemption, or protection against any suit, cause-of-action, demand, or
35 liability.
36
37 Section 4. Non-Reliance by Third-Parties.No person or entity shall be entitled to rely upon the
38 terms, or any of them, of this Resolution to enforce or attempt to enforce any third-party claim(s) or
39 entitlement(s) to or benefit(s) of any term(s) contemplated hereunder.
40
41 Section 5. Severability.If any provision of this Resolution,or any part or portion thereof,is held
42 to be invalid or unenforceable by any administrative hearing officer or court of competent jurisdiction, the
43 invalidity or unenforce ability of such provision, or any part or portion thereof, shall neither limit nor impair
44 the operation, enforceability, or validity of any other provision of this Resolution, or any remaining part(s) or
45 portion(s) thereof. All other provisions of this Resolution, and remaining part(s) or portion(s) thereof, shall
46 continue unimpaired in full force and effect.
47
48 Section 6. The Monroe County Planning Department shall reserve thirteen (13) affordable housing
49 allocations consisting of 4 low income, 4 median income and 5 moderate income category allocations,for the
50 Monroe County project on Lot 30, Sacarma, a Subdivision of Government Lots 3 and 4 in Section 29,
51 Township 66 South, Range 28 East, Cudjoe Key until February 15, 2024.
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I Section 7. The developer must obtain the building permits for the thirteen (13) affordable
2 housing on or before February 15,2024.
3
4 Section 8. The developer shall comply with all Monroe County requirements, all applicable
5 Building Code requirements,and any other oversight agencies.
6
7 Section 9. The professional staff of the Monroe County Planning and Environmental Resources
8 and Building Departments are hereby authorized to process expeditiously permit related applications for the
9 above referenced project when received. '
10
11 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,at a
12 duly noticed regularly scheduled public meeting held on the 15'day of February,2023.
13
14 Mayor Craig Cates Yes
15 Mayor Pro Tem Holly Merrill Raschein Yes
16 Commissioner Michelle Lincoln Yes
17 „m Commissioner James K. Scholl Yes
18 M;
14-' 2, Commissioner David Rice Yes
19 � ,�
20 r r' t '� �' BOARD OF COUNTY SSIONE F NROE COUNTY,
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23, r A�' a Mayor25
Craig Cates
MONRCE COUNTY ATTORNEY
26 APTA KZ✓VIN MADOK, CLERK APP TO FORM
27
28 �--7
29 PETER MORRIS
30 VAS DEPUTY CLERK ASSISTANT COUNTY ATTORNEY
Date: 1131193
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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 $210,830 IN
12 BUILDING PERMIT FEES FOR A TOTAL OF 24 MODERATE INCOME
13 OR BELOW AFFORDABLE EMPLOYEE HOUSING DWELLING UNITS,
14 TO BE CONSTRUCTED ON A PARCEL LOCATED AT 21585 OLD STATE
15 ROAD 4A, ON CUDJOE KEY CURRENTLY HAVING PARCEL
16 IDENTIFICATION NUMBER 00174960-000000.
17
18 WHEREAS, on November 18,2009 the Monroe County Board of County Commissioners
19 ("Board") passed and adopted Ordinance 036-2009, allowing building permit fee waivers for
20 entities building low income housing leveraging state or federal funds, or affordable housing as
21 defined by state statutes; and
22 WHEREAS, on February 10, 2010, the Board passed and adopted Ordinance 004-2010,
23 allowing waivers for housing for households up to 120% of median income in Monroe County.
24 Housing exceeding 120% may also apply for a waiver if the specific project for development is
25 being subsidized with or is leveraging state or federal funding; and
26 WHEREAS, on April 15, 2020, the Board approved Resolution 094-2020, waiving
27 building permit fees for Mobile Homes Holdings Coco, LLC to construct four, four-unit buildings
28 containing a total of 16 affordable housing units on the subject property on Cudjoe Key and these
29 four buildings have been completed and received a total of$66,801.48 in waived fees; and
30 WHEREAS, on September 27, 2023 Smith Hawks, PL, Agent for the Applicant Mobile
31 Homes Holdings Coco, LLC submitted the Application for Building Permit Fee Waiver. The
32 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 $210,830 to construct 24 affordable two bedroom, two bathroom housing units at 21585 Old State
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38 Road 4A on Cudjoe Key,through six(6)four-unit multi-family buildings comprising 24 moderate
39 income units, or below.
40
41 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
42 COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
43 The foregoing recitals are true and correct and are hereby incorporated as if fully stated
44 herein; and
45 Building permit fees are waived pursuant to Monroe County Code Section 6-108(e) for
46 each of the 24 affordable housing units described herein with the condition that evidence of an
47 Affordable Housing Deed Restriction accepted and/or approved by both the Senior Director of
48 Planning & Environmental Services and the Office of the County Attorney and recorded in the
49 Public Records of Monroe County, Florida.
50 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
51 Florida, at a regular meeting held on the 18th day of October, 2023.
52 Mayor Craig Cates
53 Mayor Pro Tem Holly Merrill Raschein
54 Commissioner Michelle Lincoln
55 Commissioner James Scholl
56 Commissioner David Rice
57
58
59 (SEAL) BOARD OF COUNTY COMMISSIONERS
60 Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA
61
62 By By
63 Deputy Clerk Mayor Craig Cates
64
65 MONROE COUNTY ATTORNEY
66 APPROVED AS TO FORM
67
68
69 KELLY DUGAN
70 ASSISTANT COUNTY ATTORNEY
71
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