Resolution 298-2007
RESOLUTION NO. - 49.8-2007
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST
BY KEY LARGO OCEAN RESORT CO-OP INC. FOR WAIVER
OF THE INCLUSIONARY HOUSING REQUIREMENTS ON
PROPERTY LEGALLY DESCRIBED AS SOUTHCLIFF ESTS
PB2-45 KEY LARGO NE 100' OF SW 1/2 OF TR 9 PT TR 9-10-
11 (14.65AC) PT LINE ROAD (.75AC) PT NE1I4 OF SE1I4
(5. lAC) PT GOV LT 3 (.6AC) & ADJ BAYBTM (5.22AC), KEY
LARGO, MONROE COUNTY, FLORIDA HAVING REAL
ESTATE NUMBERS 00483390.000000 AND 00483400 AT
APPROXIMATE MILE MARKER 95.
WHEREAS, Key Largo Ocean Resort Co-op Inc. (KLOR) is an existing 285 unit RV co-
operative which currently provides seasonal and permanent housing. The resort has amenities
including a marina, tennis courts, a swimming pool, a recreation area, a boat ramp, a clubhouse, an
office, and a gatehouse; and
WHEREAS, the subject property is located at 94825 Overseas Highway, Key Largo; and
WHEREAS, KLOR brought action against Monroe County in 1994 in order to change its
Land Use Designation from Recreational Vehicle (RV) to Urban Residential Mobile Home (URM);
and
WHEREAS, court hearings and court appointed mediation over nine (9) years occurred and
resulted in a settlement agreement in 2003 directing the parties to enter into a development
agreement; and
WHEREAS, the Board of County Commissioners (BOCC) unanimously approved a
change from RV to URM along with the corresponding Future Land Use Map change from Mixed
Use/Commercial (MC) to Residential High (RH) on August 18,2004; and
WHEREAS, the BOCC approved and signed Resolution 242-2006 on June 21, 2006 for a
Development Agreement for this property to include a site redevelopment plan along with a major
conditional use permit; and
WHEREAS, neither the settlement agreement nor the development agreement address the
issue of inclusionary housing, although this topic was the subject of proposed land development
regulations during that time; and
Inelusionary Housing
KLOR
Page I of 3
WHEREAS, the Major Conditional Use Permit application was heard at a regularly
scheduled meeting of the Development Review Committee on July II, 2007 and at a regularly
scheduled meeting of the Planning Commission on July 25, 2007; and
WHEREAS, approval of the conditional use permit is conditioned upon approval of
exemption from the inclusionary housing requirements or revision of the permit application to meet
the inclusionary housing standards; and
WHEREAS, Monroe County Code (MCC) ~ 9.5-266(b) provides inclusionary housing
standards which are applicable to development or redevelopment of permanent residential units; and
WHEREAS, MCC ~ 9.5-266(b)(3)c allows any developer or property owner who believes
that he or she may be eligible for relief from the strict application of the inclusionary housing
section to petition the Board of County Commissioners for relief; and
WHEREAS, the Board of County Commissioners makes the following Findings of Fact:
I. Pursuant to MCC ~ 9.5-266(b)(3)c, the Board of County Commissioners may
reduce, adjust, or waive the requirements ofthe inclusionary housing standards.
2. Based on MCC ~ 9.5-266(b)(2), the applicant is proposing to develop or redevelop
285 market rate units.
a. These units were mobile home units.
b. The applicant is required to provide 86 deed restricted affordable and/or
employee units.
3. This redevelopment has received conditional use approval pursuant to MCC ~9.5-69
conditioned upon approval of an exemption or compliance with the inclusionary
housing standards.
4. The development has the following unique conditions/circumstances:
a. The subject property is a co-operative with 285 shareholders; and
b. There is no plan to evict any of the 285 shareholders; and
c. This redevelopment will not increase the need for affordable or employee
housing; and
d. This property has been the subject of ongoing litigation resulting in a
settlement agreement which required a development agreement, major
conditional use approval, and a site redevelopment plan.
5. In accordance with MCC ~9.5-266(b)(3)b 2, the applicant has met the following
condition(s):
I. Strict application of the requirements would produce a result inconsistent with
the plan or the purpose and intent of this subsection.
Inclusionary Housing
KLOR
Page 2 00
2. Due to the nature of the proposed residential development, the development
furthers plan policies and the purpose and intent of this subsection through means
other than strict compliance with the requirements set forth herein.
3. The developer or property owner demonstrates an absence of any reasonable
relationship between the impact of the proposed residential development and
requirements ofthis subsection (b).
4. The strict application with the requirements set forth herein would improperly
deprive or deny the developer or property owner of constitutional or statutory
rights.
WHEREAS, the Board of County Commissioners makes the following Conclusions of Law:
I. The applicant meets criteria 1,2,3, & 4 as outlined in MCC ~9.5-266(b)(3)b. 2.
2. Based on the Findings of Fact, the Board of County Commissioners has determined
that the applicant shall not be required to build deed restricted/affordable housing
units.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
The request by Key Largo Ocean Resort Co-op Inc. for waiver of the inclusionary housing
requirements in the Monroe County Code is APPROVED
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 15th day of August, 2007.
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Mayor Mario Di Gennaro
Mayor Pro Tern, Dixie Spehar
Commissioner George Neugent
Commissioner Charles "Sonny" McCoy
Commissioner Sylvia J. Murphy
Yes
yes
Yes
Yes
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
~if~
BY
Mayor Mario Di Gennaro (SEAL)
MONROE COUNTY ATTORNEY
APPRO\l AS 0 FORM:
ATTEST: D~GE, CLERK
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DEPUTY CLERK
SUSAN M.
ASSISTANT CO
oa.e
Inc1usionary Housing
KLOR
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