Item D26
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 21. 2007
Division: Housing & Community Development
Bulk Item: Yes X
No
Department: Housing & Community Development
Staff Contact Person: James R. "Reggie" Paros/6002
AGENDA ITEM WORDING: Approval of Resolution to authorize the waiver of building permit
and application fees for the Islander Village and Park Village affordable housing developments
ITEM BACKGROUND: See attached Additional Information Memo.
PREVIOUS RELEVANT BOCC ACTION: 1) On July 19, 2006, Board approved a proposed
Agreement for Sale and Purchase of property on Stock Island for the purpose of providing for
affordable/employee housing on land to be purchased by the County and a 99 year lease of the
property to Park Village, LLC for the purpose of constructing 40 affordable/employee housing units;
2) On July 19,2006, Board approved proposed Agreement for Sale and Purchase of property on Stock
Island for the purpose of providing for affordable/employee housing on land to be purchased by the
County and a 99 year lease of the property to Islander Village, LLC for the purpose of constructing 89
affordable/employee housing units; 3) On July 19, 2006, Board approved Resolution No. 273-2006
approving the reservation and set aside of affordable ROGO allocations for one year from the date of
the resolution for specific affordable housing projects, which included both the Park Village and
Islander Village proj ects.
CONTRACT/AGREEMENT CHANGES: This is not an agreement.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: N/A
BUDGETED: Yes
No
N/A
COST TO COUNTY: N/A
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
N/ A AMOUNT PER MONTH Year
APPROVED BY: County Atty Yes OMB/Purchasing N/ A Risk Management N/ A
DOCUMENTA TION:
Included
X
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 8/06
HOUSING AND COMMUNITY DEVELOPMENT
FLORIDA KEYS MARATHON AIRPORT
James R. "Reggie" Paros, Director/Manager
9400 Overseas Highway, Suite 200
Marathon, FI. 33050
Telephone: (305) 289-6002/289-6060
Facsimile: (305) 289-6071
ADDITIONAL INFORMATION MEMO
TO:
Monroe County Board of County Commissioners
FROM:
James R. "Reggie" Paros, Director
Housing and Community Development
Florida Keys Marathon Airport Manager
SUBJECT:
Approval of Resolution to authorize the waiver of building
permit and application fees for the Islander Village and Park Village
affordable housing projects
DATE:
January 29, 2007
On July 19, 2006, the Board approved proposed agreements for sale and purchase of two (2)
properties on Stock Island for the purpose of providing for affordable/employee housing on land to be
purchased by the County and a 99 year lease of the properties:
. Park Village, LLC for the purpose of constructing 40 affordable/employee housing units; and
. Islander Village, LLC for the purpose of constructing 89 affordable/employee housing units.
Monroe County Code Sec. 6-27 provides for full exemption from county building and permit
application fees for the construction of affordable housing projects that are receiving financial
assistance from Monroe County; and further provides that not-for-profit organizations and lessees of
county-owned property for construction on said property may apply to the Board of County
Commissioners for fee waivers from the permit and application fees (copy attached).
A letter has been received from Project Sponsor Ed Swift, requesting that the building permit
fees be waived as an incentive for the building of affordable housing in Monroe County. The attached
Resolution would provide for the waiver of building permit and application fees for the Islander
Village and Park Village affordable housing developments.
JRP/sd
RESOLUTION NO. -2007
A RESOLUTION OF THE MONROE BOARD OF
COUNTY COMMISSIONERS AUTHORIZING THE
WAIVER OF BUll.DING PERMIT AND
APPLICATION FEES FOR THE ISLANDER
VILLAGE, LLC AND PARK VILLAGE, LLC
AFFORDABLE HOUSING DEVEWPMENTS,
PURSUANT TO MONROE COUNTY CODE, SEC. 6-
27(d)(2) AND SEC. 6-27(e).
WHEREAS, the State of Florida and all local governments in the Florida Keys
(each subject to Area of Critical State Concern mandates relating to housing
affordability) recognize the need for affordable housing throughout the state and
particularly in the Florida Keys where developable land for housing is extremely limited
and expensive; and
WHEREAS, the Board of County Commissioners is committed to addressing
critical housing affordability issues facing the Florida Keys; and
WHEREAS, the Board of County Commissioners makes the following findings
of fact:
1. The State of Florida and all local governments in the Florida Keys recognize the
need for affordable housing throughout the state and particularly in the Florida
Keys where developable land for housing is extremely limited and expensive.
2. On July 19,2006, the Board approved and authorized execution of (i) Agreement
for Sale and Purchase of property located on Stock Island for the purpose of
providing for affordable/employee housing on land to be purchased by the County
and (ii) a 99-year lease of the property to Park Village, UC for the purpose of
constructing 40 affordable/employee housing units, (Item Q-14, BOCC 7/19/06).
3. On July 19,2006, the Board approved and authorized execution of (i) Agreement
for Sale and Purchase of property located on Stock Island for the purpose of
providing for affordable/employee housing on land to be purchased by the County
and (ii) a 99-year lease of the property to Islander Village, UC for the purpose of
constructing 89 affordable/employee housing units. (Item Q-15, BOCC 7/19/06)
4. On July 19,2006, the Board approved and authorized execution of Resolution No.
273-2006 approving the reservation and set aside of affordable ROGO allocations
for one (1) year from the date of the resolution for five (5) specific affordable
housing projects which included both the Park Village, UC and Islander Village,
UC projects:
A. For the "Park Village, UC' project, forty (40) affordable ROGO allocations.
B. For the "Islander Village, UC" project, eighty-nine (89) affordable ROGO
allocations.
5. The building, permitting and other fees charged by the County are ultimately
passed on to builders, developers and ultimately to renters or buyers of affordable
housing.
6. To encourage the creation of affordable housing the Board of County
Commissioners must take innovative actions, such as the waiver or elimination of
building, permitting and other fees.
7. Monroe County Code Sec. 6-27 (d) (2) provides for full exemption from county
building and permit application fees for the construction of affordable housing
projects that are "receiving financial assistance from Monroe County" (copy
attached hereto).
8. Monroe County Code Sec. 6-27 (e) provides that not-for-profit organizations and
"..lessees of county-owned property for construction on said property ..may apply
to the Board of County Commissioners for fee waivers from the permit and
application fees". (copy attached hereto).
9. Without incentives for the creation of affordable housing, to include such
measures as waiver of building, permitting and other fees, developers have been
hesitant to create additional affordable housing in the Florida Keys; now
therefore.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
Section 1.
Section 2.
Section 3.
It is the intention of the Board of County Commissioners to always
waive the building permit and application fees charged by Monroe
County for construction or redevelopment of affordable housing
projects for any applicant that is a not-for-profit organization, with
501(c) (3) status, or the lessee of county-owned property and/or
who receives financial assistance from Monroe County for the
purpose of constructing or redeveloping affordable housing
projects.
The permit and application fees for the Park Village, UC
and Islander Village, UC affordable housing projects are
hereby waived effective the date of execution of this Resolution.
Growth Management Division staff is directed to prepare an
amendment to Monroe County Code Sec. 6-27(d)(2) and Sec. 6-
27(e) to routinely implement the above intention of the Board.
2
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting of said Board held on the _ day of
,2007.
Mayor DiGennaro
Mayor Pro Tern Spehar
Commissioner McCoy
Commissioner Neugent
Commissioner Murphy
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
By:
Mayor/Chairman
(SEAL)
ATTEST: Danny L. Kohlage, Clerk
Deputy Clerk
Date
3
DIVISION I. PERMITS
Page 1 of 1
Sec. 6-27. Fees.
(a) Purpose: The purpose of this section is to establish the authority, schedule, and
exemptions for permitting and related fees.
(b) Authority and Fee Schedule: Except as specifically established by this chapter, the board
of county commissioners may by resolution establish a fee schedule for, but not limited to permit
applications, permits, plans examination, certificates of competency, re-inspections, permit
renewals, administrative fees, variance requests, and administrative appeals.
(c) Fees Required: Except as authorized by this chapter, no permit shall be issued without
payment of all appropriate fees. Where a nonrefundable application fee is charged, the fee may
be applied to off-set the total permit fee at the time the permit is issued, except where the
application fee exceeds the total permit fee. In this case, the application fee shall become the
total permit fee.
(d) Fee Exemptions: Fees may be exempted for only those entities and activities specifically
listed below:
(1) Conditional exemptions: The following governmental entities are exempt from
county building permit and application fees, but only if the listed entity does not charge
the county a fee (including an impact fee) for development, environment, or similar
permits, or for right-of-way use:
a. The State of Florida including the South Florida Water Management District;
b. The United States;
c. Municipalities wholly located within the county;
d. City Electric System;
e. Florida Keys Electric Co-op; and
f. Florida Keys Aqueduct Authority.
(2) Full exemptions: The following entities or work are exempt from the county building
permit and application fees:
a. Monroe County;
b. Volunteer fire departments;
c. Volunteer emergency medical departments; and,
d. Construction of affordable housing projects, as defined under the Florida
Statutes or chapter 9.5, receiving financial assistance from Monroe County.
(e) Fee Waivers: Not-tor-profit organizations with 501(c)(3) status from the Internal Revenue
Service for construction of affordable or low income housing as defined by Florida Statutes and
lessees of county-owned property for construction on said property may apply to the board of
county commissioners for fee waivers from the permit and application fees.
(f) Fee Refunds: No fees paid for building permit fees shall be refunded without the approval
of the board of county commissioners upon the recommendation of the county administrator.
Permit application fees are not refundable.
(Ord. No. 010-2002, ~ 6; Ord. No. 019-2003, ~ 1)
http://libraryl.municode.comlmcc/Doc ViewIl1270/1/60/64/65?hilite=
1/24/2007
I
\{ r:0L:IVED
i ., \. ..L-I
Park Village, LLC
201 Front St. Suite # 330
KeyWest, FL 33040
Phone: (305) 293-3255
Fax: (305) 295-7384
'r.:. 4 t'NfI
, .-', ( } - llJlJf
Mr. Tom Willi
Gmnty Administrator
1100 Simonton St. Ste. 205
Key West, Fl33040
Dear Mr. Willi:
t. ;' . I Y I\DMINISTRATOR
V \' i"'~ '
January 2, 2007 Y t>! ~
At
~ S0 tf
Thank you for speaking with me today about affordable housing building permit fees.
Per our conversation the county will not waive building permit fees for affordable homing in
the Florida Keys.
The County will however allow for affordable projects to pay building permit fees at the
time each unit is CO'd, instead of at the time of issuance of the building permit. This small
change in policy is of great help to our Park Village, Islander Village, and Gumbo Limbo
Lane Project as well as other affordable projects up and down the keys.
I still believe that waiving the building permit fees as an incentive for the building of
Affordable Housing in Monroe County is a good one and hope that the County
Commission will explore it in the future.
We are very close to the issuance of building permits on Islander Village (89 Units at the old
Drive In on Stock Island) therefore a letter from you to the building department would be
timely.
Thank you,
~~~
Ed Swift III
~
Managing Partner
Building Department
MEMORANDUM
- ~:(I) 0-
.::!~ ~ . .'.
~- - -.
- ---......... -
=, =--
DATE:
Tom Willie, County Administrator
Joe Paskalik, Building Official cot
Jan. 5, 2007
TO:
FROM:
SUBJECT: deferring permit fees question
Per your request, I have reviewed the County Codes, the Building Codes and
State Statutes regarding whether the County can defer permit fees until a CO is issued.
The County Code states the following
Sec. 6-27. Fees.
(c) Fees Required: Except as authorized by this chapter, no permit shall be
issued without payment of all appropriate fees. Where a nonrefundable application fee is
charged, the fee may be applied to off-set the total permit fee at the time the permit is
issued, except where the application fee exceeds the total permit fee. In this case, the
application fee shall become the total permit fee.
The Florida Building Code states:
108.1 Prescribed fees. A permit shall not be issued until fees authorized under
Section 553.80, Florida Statutes, have been paid. Nor shall an amendment to a permit
be released until the additional fee, if any, due to an increase in the estimated cost of the
building, structure, electrical, plumbing, mechanical or gas systems, has been paid.
Florida Statutes referred to above, enabling the collection of fees, state:
553.80 (f) The governing bodies of local governments may provide a schedule of
fees, as authorized by s. 125.56(2) or s. 166.222 and this section, for the enforcement of
the provisions of this part. Such fees shall be used solely for carrying out the local
government's responsibilities in enforcing the Florida Building Code. The authority of
state enforcing agencies to set fees for enforcement shall be derived from authority
existing on July 1, 1998. However, nothing contained in this subsection shall operate to
limit such agencies from adjusting their fee schedule in conformance with existing
authority.
Also: 125.56 Enforcement and amendment of the Florida Building Code and the
Florida Fire Prevention Code; inspection fees; inspectors; etc.-
(2)The board of county commissioners of each of the several counties may
provide a schedule of reasonable inspection fees in order to defer the costs of inspection
and enforcement of the provisions of this act, and of the Florida Building Code and the
Florida Fire Prevention Code.
For further information, attached are copies of the above referenced sections.
AQMINISlRA liON
4. Annual maintenance peonits
5. Prototype plans
Except for local site adaptions, siding,
foundations and/or modifications.
Except for structures that require waiver.
6. Manufactured buildings plan except for foun-
dations and modifications of buildings on site.
106.4 Amended construction documents. Work shall be in-
stalled in accordance with the approved construction docu-
ments, and any changes made during construction that arc not
III compliance with the approved construction documents shall
be resubmitted for approval as an amended set of construction
document~.
t06.5 Retention of construction documents. One set of ap-
proved construction documents shall be retained by the build-
ing official for a period of not less than 1 RO days from date of
completion of the permitted work, or as required by Florida
Statutes.
106.6 Affidavits. The building official may accept a sworn af-
fidavit from a registered architect or engineer stating that the
plans submitted conform to the technical codes. For buildings
and structures, the affidavit shall state that the plans confoon to
the laws as to egress, type of construction and general arrange-
ment and, if accompanicd by drawings, show the structural de-
sign and that the plans and design confoon to the requirements
of the technical codes as to strength, stresses, strains, loads and
stability. The building official may without any examination or
inspection accept such affidavit, provided the architect or engi-
neer who made such affidavit agrees to submit to the building
official copies of inspcction reports as inspections are per-
formed and upon completion of the stmcture, electrical, gas,
mcchanical or plumbing systems a certification that the ~truc-
ture, electrical, gas, mechanical or plumbing system has been
erected m accordance with the requirements of the technical
codes. Where the building official relies upon such affidavit,
the architect or engineer shall assume full responsibility for
compliance with all provisions of the technical eodcs and other
pertinent laws or ordinances. The building official shall ensure
that any person conducting plans review is qualified as a plans
examiner under Part XII of Chapter 468, Florida Statutes, and
that any person conducting impections is qualified as a build-
ing inspector under Part XII ofChapter468, Florida Statutes.
SECTION 107
TEMPORARY STRUCTURES AND USES
107.1 General. The building official is authorized to issue a
permit for temporary structures and temporary uses. Such per-
mits shall be limited as to time of service, but shall not be per-
mitted for more than ] 80 days. The building official is
uuthori/ed to grant extensions for demonstrated cause.
107.2 Conformance. Temporary stmctures and uses shall con-
form to the structural strength, fire safety, means of egress, ac-
ceSSIbility, light, ventilation and sanitary requirements of this
code as necessary to ensure the public health, safety and gen-
eral welfare.
1.10
107.3 Temporary power. The building official is authorized to
give permission to temporarily supply and use power in part of
an electric installation before such installation has been fully
completed and the final certificate of completion has been is-
sued. The part covered by the temporary certificate shall com-
ply with the requirements specified for temporary lighting, heat
or power in Chapter 27 of the Florida Building Code, Building. II
107.4 Termination of approval. The building official is au-
thorized to terminate such permit for a temporary structure or
use and to order the temporary stmcture or use to be discontin-
ued.
SECTION 108
FEES
108. t Prescribed fees. A peonit shall not be issued until fees
authorized under Section 553.80, Florida Statutes, have been
paid. Nor shall an amendment to a permit be released until the
additional fee, ifany, due to an increase in the estimated cost of
the building, stmcture, electrical, plumbing, mechanical or gas
systems, has been paid.
108.2 Schedule of permit fees. On buildings, structures, elec-
trical, gas, mechanical, and plumbing systems or alterations re-
quiring a peonit, a fee for each peonit shall be paid as reqUIred,
in accordance with the schedule as established by the applica-
ble governing authority.
108.3 Reserved.
108.4 Work commencing before permit issuance. Any person
who commences any work on a building, structure, electrical,
gas, mechanical or plumbing system before obtaining the
building official's approval or the necessary peonits shall be
subject to a penalty of 100 percent of the usual permit fee in ad-
dition to the required pennit fees.
108.5 Reserved.
108.6 Reserved.
SECTION 109
INSPECTIONS
109.1 General. Constmction or work for which a peonit is re-
quired shaH be subject to 1I1spection by the building official and
such construction or work shall remain accessible and cxposed
for inspection purposes until approved. Approval as a result of
an inspection shall not be construed to be an approval of a viola-
tion ofthe provisions ofthiscode or of other ordinances of the ju-
risdiction. Inspections presuming to give authority to violate or
cancel the provisions of this code or of other ordinances ofthe ju-
risdiction shall not be valid. It shall be the duty ofthe permit ap-
plicant to cause the work to remain accessible and exposed for
inspection purposes. Neither the building official nor the juris-
diction shall be liable for expense cntailed in the removal or re-
placcment of any material required to allow inspection.
109.2 Preliminary inspection. Before issuing a permit, the
building official is authorized to examine or cause to be exam-
ined buildings, structures and sites for which an application has
been filed.
FLORIDA BUILDING CODe - BUILDING
DIVISION 1. PERMITS
Page 1 of 1
Sec. 6-27. Fees.
(a) Purpose: The purpose of this section is to establish the authority, schedule, and
exemptions for permitting and related fees.
(b) Authority and Fee Schedule: Except as specifically established by this chapter, the board
of county commissioners may by resolution establish a fee schedule for, but not limited to permit
applications, permits, plans examination, certificates of competency, re-inspections, permit
renewals, administrative fees, variance requests, and administrative appeals.
(c) Fees Required: Except as authorized by this chapter, no permit shall be issued without
payment of all appropriate fees. Where a nonrefundable application fee is charged, the fee may
be applied to off-set the total permit fee at the time the permit is issued, except where the
application fee exceeds the total permit fee. In this case, the application fee shall become the
total permit fee.
(d) Fee Exemptions: Fees may be exempted for only those entities and activities specifically
listed below:
(1) Conditional exemptions: The following governmental entities are exempt from
county building permit and application fees, but only if the listed entity does not charge
the county a fee (including an impact fee) for development, environment, or similar
permits, or for right-of-way use:
a. The State of Florida including the South Florida Water Management District;
b. The United States;
c. Municipalities wholly located within the county;
d. City Electric System;
e. Florida Keys Electric Co-op; and
f. Florida Keys Aqueduct Authority.
(2) Full exemptions: The following entities or work are exempt from the county building
permit and application fees:
a. Monroe County;
b. Volunteer fire departments;
c. Volunteer emergency medical departments; and,
d. Construction of affordable housing projects, as defined under the Florida
Statutes or chapter 9.5, receiving financial assistance from Monroe County.
(e) Fee Waivers: Not-for-profit organizations with 501(c)(3) status from the Internal Revenue
Service for construction of affordable or low income housing as defined by Florida Statutes and
lessees of county-owned property for construction on said property may apply to the board of
county commissioners for fee waivers from the permit and application fees.
(f) Fee Refunds: No fees paid for building permit fees shall be refunded without the approval
of the board of county commissioners upon the recommendation of the county administrator.
Permit application fees are not refundable.
(Ord. No. 010-2002, ~ 6; Ord. No. 019-2003, ~ 1)
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1/4/2007
Statutes & Constitution :View Statutes :->2006->Ch0553->Section 80: Online Sunshine
Page 1 of 1
553.80 Enforcement.--
(1) Except as provided in paragraphs (a)-(f), each local government and each legally constituted
enforcement district with statutory authority shall regulate building construction and, where authorized
in the state agency's enabling legislation, each state agency shall enforce the Florida Building Code
required by this part on all public or private buildings, structures, and facilities, unless such
responsibility has been delegated to another unit of government pursuant to s. 553.79(9).
(a) Construction regulations relating to correctional facilities under the jurisdiction of the Department
of Corrections and the Department of Juvenile Justice are to be enforced exclusively by those
departments.
(b) Construction regulations relating to elevator equipment under the jurisdiction of the Bureau of
Elevators of the Department of Business and Professional Regulation shall be enforced exclusively by
that department.
(c) In addition to the requirements of s. 553.79 and this section, facilities subject to the provisions of
chapter 395 and part II of chapter 400 shall have facility plans reviewed and construction surveyed by
the state agency authorized to do so under the requirements of chapter 395 and part II of chapter 400
and the certification requirements of the Federal Government.
(d) Building plans approved under s. 553.77(3) and state-approved manufactured buildings, including
buildings manufactured and assembled offsite and not intended for habitation, such as lawn storage
buildings and storage sheds, are exempt from local code enforcing agency plan reviews except for
provisions of the code relating to erection, assembly, or construction at the site. Erection, assembly,
and construction at the site are subject to local permitting and inspections. Lawn storage buildings and
storage sheds bearing the insignia of approval of the department are not subject to s. 553.842. Such
buildings that do not exceed 400 square feet may be delivered and installed without need of a
contractor's or specialty license.
(e) Construction regulations governing public schools, state universities, and community colleges shall
be enforced as provided in subsection (6).
(f) The Florida Building Code as it pertains to toll collection facilities under the jurisdiction of the
turnpike enterprise of the Department of Transportation shall be enforced exclusively by the turnpike
enterprise.
The governing bodies of local governments may provide a schedule of fees, as authorized by s. 125.56(2)
or s. 166.222 and this section, for the enforcement of the provisions of this part. Such fees shall be used
solely for carrying out the local government's responsibilities in enforcing the Florida Building Code. The
authority of state enforcing agencies to set fees for enforcement shall be derived from authority existing
on July 1, 1998. However, nothing contained in this subsection shall operate to limit such agencies from
adjusting their fee schedule in conformance with existing authority.
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=...1/4/2007
.-'
'Statutes & Constitution: View Statutes: Online Sunshine
Page 1 of 1
125.56 Enforcement and amendment of the Florida Building Code and the Florida Fire Prevention
Code; inspection fees; inspectors; etc.--
http://www.leg.state.fl.us/Statutes/index.cfin?App_mode=Display_Statute&Search_String=...l /4/2007
. .' ~Statutes & Constitution : View Statutes : Online Sunshine
Page 1 of 1
(2) The board of county commissioners of each of the several counties may provide a schedule of
reasonable inspection fees in order to defer the costs of inspection and enforcement of the provisions of
this act, and of the Florida Building Code and the Florida Fire Prevention Code.
http://www.1eg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=...1/4/2007