Resolution 190-20151
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MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
RESOLUTION NO. 190 - 2015
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING AN ADJUSTMENT
FROM THREE UNITS TO TWO UNITS FOR THE
INCLUSIONARY HOUSING REQUIREMENT IN SECTION 130 -
161(B) OF THE MONROE COUNTY CODE FOR THE
REDEVELOPMENT OF FIVE DWELLING UNITS ON
PROPERTY LOCATED AT 5312 3RD AVENUE, STOCK ISLAND,
HAVING REAL ESTATE NUMBERS 00126710.000000,
00126720.000000 AND 00126730.000000.
WHEREAS, the subject property located at 5312 3rd Avenue, Stock Island consists of
14 lawfully established residential dwelling units, as recognized in an issued a Letter of
Development Rights Determination on December 3, 2014 recognizing the 14 units; and
WHEREAS, the applicant, 5312 3rd Avenue, LLC, submitted an application for a minor
deviation to a major conditional use permit to redevelop five (5) of the 14 existing residential
dwelling units on the property; and
WHEREAS, Monroe County Code Section 130- 161(b) requires residential
developments that result in the development or redevelopment of three (3) or more dwelling
units to develop or redevelop at least 30 percent of the residential units as affordable housing
units (fractional requirements equal to or greater than 0.5 shall be rounded up to the nearest
whole number) to implement Goal 601 of the Monroe County Comprehensive Plan and to ensure
that the need for affordable housing is not exacerbated by new residential development and
redevelopment of existing affordable housing stock; and
WHEREAS, pursuant to Section 130- 161(b)(4)a., if this applicant chooses to deed
restrict a portion of the existing units on the subject property, then the inclusionary requirement
would be two (2) affordable units or if this applicant chooses to redevelop the five (5) units as
market rate, then the inclusionary compliance requirement to purchase and deed - restrict other
existing market rate units increases to three (3) affordable units; and
WHEREAS, pursuant to Section 130- 161(b)(3), the BOCC may reduce, adjust, or waive
the requirements set for the inclusionary housing requirements [subsection (b)], upon a specific
findings of fact that:
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I 1. Strict application of the requirements would produce a result inconsistent with the
2 comprehensive plan or the purpose and intent of the Code subsection;
3 2. Due to the nature of the proposed residential development, the development furthers
4 plan policies and the purpose and intent of the Code subsection through means other than strict
5 compliance with the requirements set forth therein;
6 3. The developer or property owner demonstrates an absence of any reasonable
7 relationship between the impact of the proposed residential development and requirements of the
8 subsection (b); or
9 4. The strict application with the requirements set forth therein would improperly deprive
10 or deny the developer or property owner of constitutional or statutory rights; and
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12 WHEREAS, the BOCC finds the applicant has satisfied Section 130- 161(b)(3); and that
13 the requested inclusionary housing adjustment is consistent with the intent of the Monroe County
14 Comprehensive Plan; consistent with the provisions and intent of the Monroe County Code and
15 not inconsistent with the Principles for Guiding Development in the Florida Keys Area of
16 Critical State Concern; and
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18 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
19 COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the preceding Findings
20 support its decision to APPROVE an adjustment to the inclusionary housing requirement in
21 Section 130- 161(b) of the Monroe County Code from three (3) units to two (2) units for the
22 redevelopment of five (5) dwelling units on property located at 5312 3rd Avenue, Stock Island,
23 having real estate numbers 00126710.000000, 00126720.000000 and 00126730.000000.
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25 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
26 at a regular meeting held on the l5th day of July, 2015.
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28 Mayor Danny Kolhage Yes
29 Mayor Pro Tem Heather Carruthers Yes
30 Commissioner George Neugent Yes
31 a Commissioner David Rice Yes
32 to Commissioner Sylvia Murph Yes
33 N Y rP Y
34 a=„ BOARD OF COUNTY COMMISSIONERS
35 0 _ r..) C) OF MONROE COUNTY, FLORIDA
36 tom.
37 -�
o
UJ
38 c BY
39 4 - ° Mayor Danny Kolhage
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MONROE COUNTY ATTORNEY
ARTROVED Al F
_ 7. �� ORM:
STEVEN T. WILLIAMS
ASSISTANT COUNTY ATTORNEY
Date `/ i -i
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