HomeMy WebLinkAboutItem M07 BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor Michelle Lincoln,District 2
The Florida. Keys Mayor Pro Tem David Rice,District 4
p Craig Cates,District I
James K. Scholl,District 3
- Holly Merrill Raschein,District 5
Regular Meeting
May 20, 2026
Agenda Item Number: M7
26-l 5457
BULK ITEM: Yes DEPARTMENT: Building and Permitting
TIME APPROXIMATE: N/A STAFF CONTACT: Ed Koconis
AGENDA ITEM WORDING: A Resolution of the Monroe County Board of County
Commissioners Waiving Approximately $53,872.00 in Building Permit Fees (Representing a 100%
Waiver of the Valuation-based Fee Categories of the Fee Schedule) for Four (4) Affordable Housing
Units of Moderate Income, or Below Requested by Habitat for Humanity of the Upper Keys, Inc.; to
be Constructed on Parcels of Land Located at 110, 112, 114, and 116 Poinsetta Drive on Key Largo
Having Corresponding Parcel ID Numbers 00530750-000100, 00530750-000000, 00530740-000000,
and 00530730-000000.
ITEM BACKGROUND: Monroe County Code Section 6-108(e) allows BOCC approval of waivers
of building permit fees for affordable housing subject to certain criteria. This request is for a building
permits fee waiver to construct four affordable housing units, at the moderate category, or less (120%
of median income level) applied for as three-bedroom units, at 110, 112, 114, and 116 Poinsetta Drive
on Key Largo. These parcels have ROGO Reservations from Resolutions 178-2022 and 435-2025.
Building permit fees requested for waiver are approximately $53,870.00 and each proposed dwellings
has an estimated job valuation of$400,000.
PREVIOUS RELEVANT BOCC ACTION: On June 15, 2022 passed and adopted Resolution 178-
2022 reserving two ROGO reservations, and on October 15, 2025 passed and adopted Resolution 435-
2025 extending two other ROGO reservations; together allowing for the four necessary ROGO
reservations for the subject parcels.
INSURANCE REQUIRED: No.
CONTRACT/AGREEMENT CHANGES: N/A.
STAFF RECOMMENDATION: Approval
DOCUMENTATION: Attachments include the Building Permit Waiver Application,proposed
Resolution, and Resolutions 178-2022 and 435-2025 approving ROGO Reservations.
FINANCIAL IMPACT: Waiver of approximately $53,870.00 in permit fees.
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
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:
Ix] WAIVER (Affordable Housing) ❑ EXEMPTION (Volunteer Fire DeptJOther State Statute)
DATE: Building Department Receipt Date stamp
...
HABITAT FOR HUMANITY Owner Agent: Casaundra Wood
Owner F THE UPPER KEYS INC
9 _, _. _ .-..__ wrw _.._...... _w. ....___.... _w._ ...
Land 9�8970 Overseas Hwy Owner Agent
Owner Key Largo FL 33037 PO Box ox 1057
Address: Tavernier FL
o Telephone: Contact Email: @
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do.nta.ct ....._..... .w-.m.m.......__ Permits__.._ ...... s..._.M_._ __..w:...........
Project Name:VVVAHabitat For Humanity Poinsettia Lots......___ ..
om
REM 00530730-000000,00530740-000000, Project 110 Poinsettia, 112 Poinsettia, 114
00530750-000000,00530750-000100 Address: Poinsettia, 116 Poinsettia
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 AT E A O13NT OF FEES TO BE WAIVED/EXEMPTED.
Signature ,
TitleM ..�" .M� ......._ . .....__ _ _ _....�. ..._ ..
4A.
WAIVER (Affordable Housing) ONLY:
Attach additional sheet to include all addresses within project for which permit fee waivers are
beings requested:
501(c) (3): IKYES ONO Type of Construction: ®New ❑Renovation
Type of Project—Affordable to median income: ❑ 60% ❑ 80% 100%0 ❑ 160%
120%®
Total Number of Number of units Number of additional
Units to be on site: 4 previously developed units to be
on site: 0 developed:
Number of units waivers sought: 4 Estimate of fees to be waived per unit:
Building Official Date
Growth Management Director Date
--------
OMB pproval Date
_..__.m.. 180 Fund Reimbursement Source
County Attorney Date
Count.. Administrator
y Date
BOCC.�.APproval....._....__.—� ._-___.___._............................._. _................................. _..__w. �.�.�.�_�.._..�.��.......__ _�_......_...__....._
Date
P:\Affd_hsg_fee_walvers\Appllcation for Bldg Permit Fees Waiver or Exemption.doc-3/24/2019
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5
6 MONROE COUNTY, FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
8 RESOLUTION NO. - 2026
9
10 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
11 COMMISSIONERS WAIVING APPROXIMATELY $53,870.00 IN
12 BUILDING PERMIT FEES FOR FOUR (4) AFFORDABLE HOUSING
13 UNITS OF MODERATE INCOME , OR BELOW; TO BE CONSTRUCTED
14 ON PARCELS OF LAND LOCATED AT 110, 112, 114, AND 116
15 POINSETTA DRIVE ON KEY LARGO HAVING CORRESPONDING
16 PARCEL ID NUMBERS 00530750-000100, 00530750-000000, 00530740-
17 000000,AND 00530730-000000.
18
19 WHEREAS,on November 18,2009,the Monroe County Board of County Commissioners
20 ("Board") passed and adopted Ordinance 036-2009, allowing building pen-nit fee waivers for
21 entities building low-income housing leveraging state or federal funds, or affordable housing as
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
26 being subsidized with or is leveraging state or federal funding; and
27 WHEREAS, on April 15, 2026, CBT Construction Development; Agent for Owner
28 Habitat for Humanity of the Upper Keys, Inc., submitted the Application for Building Permit Fee
29 Waiver. The legislative intent of this Resolution is that the instant waiver shall apply to the building
30 permit applicant of record; and
31 WHEREAS, Monroe County Code Section 6-108(e) allows the Board approval for
32 waivers of building permit fees for affordable housing which have a Development Order in effect.
33 The Applicant of Record is requesting a building permit fee waiver of approximately $53,870.00
34 to construct four(4)moderate income(120%of median or less)affordable housing units,currently
35 proposed with three bedrooms, at 110, 112, 114, and 116 Poinsetta Drive on Key Largo.
36
37 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
38 COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Page 1 of 2
39 The foregoing recitals are true and correct and are hereby incorporated as if fully stated
40 herein; and
41 Building permit fees are waived pursuant to Monroe County Code Section 6-108(e) for the
42 affordable housing units described herein with the condition that evidence of an Affordable
43 Housing Deed Restriction accepted and/or approved by both the Senior Director of Planning &
44 Environmental Services and the Office of the County Attorney and recorded in the Public Records
45 of Monroe County, Florida shall be provided to the Building Department.
46 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
47 Florida, at a regular meeting held on the 20th day of May, 2026.
48 Mayor Michelle Lincoln
49 Mayor Pro Tem David Rice
50 Commissioner Craig Cates
51 Commissioner James K. Scholl
52 Commissioner Holly Merrill Raschein
53
54
55 (SEAL) BOARD OF COUNTY COMMISSIONERS
56 Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA
57
58 By By
59 Deputy Clerk Mayor Michelle Lincoln
60
61
62 MONROE COUNTY ATTORNEY
63 APPROVED AS TO FORM
64 Digitally signed by Kelly
Dugan
65 Kelly Dugan Date:2026.05.0713:21:12
66 -04'00'
67 KELLY DUGAN
68 ASSISTANT COUNTY ATTORNEY
Page 2 of 2
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2 RESOLUTION NO. 17R -2022
3
4 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
5 COMMISSIONERS APPROVING THE RESERVATION OF TWO (2)
6 MODERATE INCOME CATEGORY AFFORDABLE ROGO
7 ALLOCATIONS FOR PROPOSED AFFORDABLE HOUSING
8 DWELLING UNITS ON PROPERTY LOCATED ON POINSETTIA
9 DRIVE, LOTS 14 AND 15, BLOCK 6, HOLIDAY HOMESITES, KEY
10 LARGO APPROXIMATE MILE MARKER 100, HAVING PROPERTY
11 IDENTIFICATION NUMBERS 00530730-000000 and 00530740-000000,
12 AS REQUESTED BY HABITAT FOR HUMANITY OF THE UPPER
13 KEYS, INC., UNTIL JUNE 15, 2026 FOR BUILDING PERMIT
14 ISSUANCE.
15
16 WHEREAS, the State of Florida and all local governments in the Florida Keys (each subject to
17 Area of Critical State Concern mandates relating to housing affordability) recognize the need for
18 affordable housing throughout the state and particularly in the Florida Keys where developable land for
19 housing is extremely limited and expensive; and
20
21 WHEREAS, the challenge of providing affordable housing opportunities in the Florida Keys is
22 one requiring sensible and responsive use of residential unit allocations, including implementation of
23 long-term preservation mechanisms; and
24
25 WHEREAS, due consideration should be given to relevant factors such as the capacity for
26 allocation recipients to promptly transform allocation awards/reservations into finished and occupied
27 affordable/workforce housing units; and
28
29 WHEREAS, Section 138-24(b)(2) of the Monroe County Land Development Code allows the
30 BOCC to authorize reservations for"specific affordable or employee housing projects participating in a
31 federal/state housing financial assistance or tax credit program or receiving some form of direct financial
32 assistance from the county upon written request from the project sponsor and approved by resolution of
33 the Board of County Commissioners," and
34
35 WHEREAS, Habitat for Humanity of the Upper Keys, Inc., is proposing to develop the two
36 properties with one affordable housing unit on each site; and
37
38 WHEREAS,Habitat for Humanity of the Upper Keys,Inc.,is in process of obtaining ownership
39 of the subject properties through a County Deed Bargain and Sale from Monroe County; and
40
41 WHEREAS,the reservation of affordable housing allocations for the anticipated project does not
42 exempt the project from applicable requirements of the Monroe County Land Development Regulations,
43 Building Code and other regulatory requirements; and
44
1
I WHEREAS, Habitat for Humanity of the Upper Keys, Inc., shall obtain all required approvals
2 from the Monroe County Planning& Environmental Resources Department for the project;and
3
4 WHEREAS, Habitat for Humanity of the Upper Keys, Inc., shall obtain permits for the
5 affordable housing dwelling units by June 15,2026; if the permit for a reserved ROGO allocation housing
6 unit is not issued by that time,the 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
I I Section 1: The foregoing recitals are true and correct and are hereby incorporated as if fully
12 set forth herein.
13
14 Section 2: The Monroe County Planning Department shall reserve two moderate income
15 category affordable ROGO allocations, for the project located on Lots 14 & 15, Block 6, Holiday
16 Homesites, Key Largo, having Property Identification Numbers 00530730-000000 and 00530740-
17 000000 until June 15,2026.
18
19 Section 3': The developer must obtain the building its for the two affordable housing
20 units on or before June 15, 2026.
21
22 Section 4: The developer shall comply with all Monroe County requirements, all applicable
23 Building Code requirements,and any other oversight agencies,
24
25 Section 5: The Planning and Building Department Staff is hereby authorized toprocess
26 expeditiously permit related applications for the above referenced project when received.
27
28 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
29 at a regular meeting held on the 15th day of June, 2022.
30
31 Mayor David Rice _Yes
32 Mayor Pro Tern Craig Cates
33 'Mniriissioner Michelle Coldiron Yes
34 not 60T" Winer James K. Scholl Yes
35 Wder Holly Merrill Rascheri Yes
36
37 OARD OF COLM"Y (,(" MIS Nl�"R l" N()
38 OLJN'I'Y, FLORIDA
39 BY
.......... . . ..................40 Mayor David[Z'
41
42 A�FIJFS I': K V MAI)0KrCI,1.,,RK M001ROE 00UNTY ATTORNEY
T R
4
43
IaUPul'. . CLERK
2
1
2 RESOLUTION NO. 435-2025
3
4 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
5 COMMISSIONERS APPROVING THE EXTENSION OF THE
6 RESERVATION OF TWO MODERATE INCOME CATEGORY
7 AFFORDABLE ROGO ALLOCATIONS FOR PROPOSED
8 AFFORDABLE HOUSING DWELLING UNITS ON PROPERTY
9 LOCATED ON LOTS 16 AND 17, BLOCK 6, HOLIDAY HOMESITES,
10 KEY LARGO, APPROXIMATE MILE MARKER 1.00, CURRENTLY
11 HAVING PARCEL IDENTIFICATION NUMBERS 00530750-000000
1.2 AND 00530750-000100, AS REQUESTED BY HABITAT FOR
13 HUMANITY OF THE UPPER KEYS, INC., AS PROPERTY OWNER,
14 UNTIL AUGUST 18, 2026, FOR BUILDING PERMIT ISSUANCE.
15
16 WHEREAS,the State of Florida and all local governments in the Florida Keys (each subject
17 to Area of Critical State Concern mandates relating to housing affordability) recognize the need for
18 affordable housing throughout the state and particularly in the Florida Keys where developable land
19 for housing is extremely limited and expensive; and
20
21 WHEREAS,the challenge of providing affordable housing opportunities in the Florida Keys
22 is one requiring sensible and responsive use of residential unit allocations, including implementation
23 of long-term preservation mechanisms; and
24
25 WHEREAS, due consideration should be given to relevant factors such as the capacity for
26 allocation recipients to promptly transform allocation awards/reservations into finished and occupied
27 affordable/workforce housing units; and
28
29 WHEREAS,Monroe County Land Development Code("LDC") Section 138-24(b)(1)allows
30 the Board of County Commissioners (`BOCC", `Board", "Monroe County", or the "County") to
31 authorize reservations for "the county housing authority, non-profit community development
32 organizations, pursuant to LDC Section 139-1(e), and other public entities established to provide
33 affordable housing by entering in to a memorandum of understanding with one or more of these
34 agencies"; and
35
36 WHEREAS, LDC Section 138-24(b)(2) allows the BOCC to authorize reservations for
37 "specific affordable or employee housing projects participating in a federal/state housing financial
38 assistance or tax credit program or receiving some form of direct financial assistance from the county
39 upon written request from the project sponsor and approved by resolution of the Board of County
40 Commissioners"; and
41.
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I WHEREAS, Habitat for Humanity of the Upper Keys, Inc. ("Upper Keys Habitat" or the
2 "developer"), is proposing to develop the properties with two (2) affordable housing units; and
3
4 WHEREAS, on April 12, 2017,the BOCC approved a request by Upper Keys Habitat for the
5 donation of three County-owned parcels,Lots 16 and 17 of the Holiday Homesites Subdivision and
6 Lot 3 of Winston Park Subdivision; and
7
8 WHEREAS, Upper Keys Habitat obtained ownership of the subject properties through a
9 County Deed Bargain and Sale from Monroe County; and
10
I I WHEREAS, on August 18, 2021, the BOCC adopted Resolution No. 263-2021, approving
12 the reservation of two(2)moderate-income affordable housing until August 18,2023,for the subject
13 properties; and
1.4
15 WHEREAS, on. November 8, 2023,the BOCC adopted Resolution.No. 569-2023, approving
16 the extension of the reservation for two (2) moderate-income affordable housing until August 18,
1.7 2024; and
18
19 WHEREAS, Upper Keys Habitat has applied for building permits numbered SFDUP-AFF-
20 2025-0007 and SFDUP-AFF-2025-0008 to develop the two (2) affordable dwelling units on the
21 subject properties; and
22
23 WHEREAS,the reservation of affordable housing allocations for the anticipated project does
24 not exempt the project from applicable requirements for the Monroe County Comprehensive Plan,
25 Land Development Code, Florida, Building Code, and/or other regulatory requirements; and
26
27 WHEREAS,Upper Keys Habitat shall obtain all required approvals from the Monroe County
28 Planning & Environmental Resources Department for the project; and
29
30 WHEREAS, Upper Keys Habitat shall obtain building permits for the affordable housing
31 dwelling units by August 18, 2026; if the permit for a reserved ROGO allocation housing unit is not
32 issued by that time, the allocation shall revert to the County;
33
34 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
35 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
36
37 Section 1. Recitals and Legislative Intent. The foregoing recitals, findings and determinations
38 are true and correct and are hereby incorporated as if fully set forth herein.
39
40 Section 2. The interpretation of this Resolution and all provisions of the Monroe County
41 Comprehensive Plan,Florida Building Code, Monroe County Codes, Florida Statutes,
42 and floodplain management regulations whose interpretation arise out of, relate to, or
43 are interpreted in connection with this Resolution, shall be liberally construed and
44 enforced in favor of Monroe County, and such interpretation shall be entitled to great
45 weight in adversarial administrative proceedings,at trial,in bankruptcy,and oil appeal.
46
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I Section 3. The Monroe County Planning and Environmental Resources Department
2 ("Department") shall reserve two (2) moderate income category affordable ROGO
3 allocations, for the project at Lots 16 and 17 of the Holiday Homesites Subdivision,
4 Key Largo, currently having parcel identification numbers 00530750-000000 and
5 00530750-000100, until August 18, 2026.
6
7 Section 4. The developer must obtain the building permits for the two (2) affordable housing
8 units on or before August 18,2026.
9
10 Section 5. The developer shall comply with the Monroe County Comprehensive Plan, Land
I I Development Code, Florida Building Code, floodplain management regulations, and
12 any and all other requirements of Monroe County and/or State and/or Federal oversight
13 agencies.
14
1.5 Section 6. The Department and Monroe County 'Building Department and Floodplain
16 Management.Office professional staff are hereby authorized to process expeditiously
17 permit related applications for the above referenced project when received.
18
19 Section 7. Inconsistency, Partial Invalidity, Seyerability, and Survival of Provisions, if any
20 portion of this Resolution, or any part or portion thereof, is held to be invalid or
21 unenforceable by any administrative hearing officer or court of competent jurisdiction,
22 the invalidity or unenforceability of such provision,or any part or portion thereof,shall
23 neither limit nor impair the operation,enforceability,or validity of any other provision
24 of this Resolution, or any remaining part(s)or portion(s)thereof. All other provisions
25 of this Resolution, and remaining part(s) or portion(s) thereof, shall continue
26 unimpaired in full force and effect.
27
28 PASSED AND ADOPTED by the. Board of County Commissioners of Monroe County,
29 Florida at a regular meeting held on the 151h day of October,2025.
30
31 Mayor James Scholl Yes
32 Mayor Pro,Tem Michelle Lincoln Yes
33 Commissioner Craig Cates Yes
34 Commissioner David Rice Yes
35 Commissioner Holly Merrill Raschein Yes
36
37 BOARD OF COUNTY COMMISSIONERS OF MONROE
38 COUNTY, FLORIDA
39 s
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ZZMayor James Scholl
�^ N MADOK, CLERK MONROE CO ATTORNEY
APRRWUM TO FORM
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46
ASSISTANT COUNTY ATTORNEY ?
47 AS DL PUTY CLERK gate: --
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