Item K15BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 15, 2015 Department: Planning & Environmental Resources
Bulk Item. Yes X No _ Staff Contact Person/Phone #: Christine Hurley 289-2517
Mayte Santamaria 289-2562
AGENDA ITEM WORDING: Approval of a request by 5312 3rd Avenue, LLC, for an adjustment
from three (3) to two (2) units in the number of affordable housing units required to be provided
pursuant to the inclusionary housing requirements 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.
ITEM BACKGROUND: The property located at 5312 3rd Avenue, Stock Island consists of 14
Iawfully established residential dwelling units (Monroe County issued a Letter of Development Rights
Determination on December 3, 2014 recognizing the 14 units). The applicant has 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.
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.
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. 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.
The applicant is proposing to redevelop the five (5) units located at 5312 3rd Avenue as market rate
units and to deed restrict two (2) units located at 5625 MacDonald Avenue. The applicant is proposing
to deed restrict two instead of three units, one less unit than is required by the Monroe County Code.
The BOCC may reduce, adjust, or waive the requirements set for the inclusionary housing
requirements [subsection (b)], pursuant to Section 130-161(b)(3), upon a specific findings of fact that:
1. Strict application of the requirements would produce a result inconsistent with the comprehensive
plan or the purpose and intent of the Code subsection;
2. Due to the nature of the proposed residential development, the development furthers plan policies
and the purpose and intent of the Code subsection through means other than strict compliance with
the requirements set forth therein;
3. The developer or property owner demonstrates an absence of any reasonable relationship between
the impact of the proposed residential development and requirements of the subsection (b); or
4. The strict application with the requirements set forth therein would improperly deprive or deny the
developer or property owner of constitutional or statutory rights.
The applicant's agent, Trepanier and Associates, Inc., has submitted a letter (attached) outlining their
analysis and response to the four items listed above which the BOCC must consider to make a specific
findings of fact that the inclusionary housing requirements may be reduced, adjusted, or waived.
Specifically, the applicant is requesting to comply with the 30% inclusionary requirement and not the
increased inclusionary requirement for proposing to build the five (5) units as market rate dwellings.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES: NIA
STAFF RECOMMENDATIONS: Approval
TOTAL COST: NIA INDIRECT COST: NIA BUDGETED: Yes No NIA
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: NIA SOURCE OF FUNDS: NIA
REVENUE PRODUCING: Yes No NIA AMOUNT PER MONTH N/A Year
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included X �J Not Required_
DISPOSITION: AGENDA ITEM #
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MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
RESOLUTION NO. - 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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1. Strict application of the requirements would produce a result inconsistent with the
comprehensive plan or the purpose and intent of the Code subsection;
2. Due to the nature of the proposed residential development, the development furthers
plan policies and the purpose and intent of the Code subsection through means other than strict
compliance with the requirements set forth therein;
3. The developer or property owner demonstrates an absence of any reasonable
relationship between the impact of the proposed residential development and requirements of the
subsection (b); or
4. The strict application with the requirements set forth therein would improperly deprive
or deny the developer or property owner of constitutional or statutory rights; and
WHEREAS, the BOCC finds the applicant has satisfied Section 130-161(b)(3); and that
the requested inclusionary housing adjustment is consistent with the intent of the Monroe County
Comprehensive Plan; consistent with the provisions and intent of the Monroe County Code and
not inconsistent with the Principles for Guiding Development in the Florida Keys Area of
Critical State Concern; and
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the preceding Findings
support its decision to APPROVE an adjustment to the inclusionary housing requirement in
Section 130-161(b) of the Monroe County Code from three (3) units to two (2) units for the
redevelopment of five (5) dwelling units on property located at 5312 3rd Avenue, Stock Island,
having real estate numbers 00126710.000000, 00126720.000000 and 00126730.000000.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
at a regular meeting held on the 15th day of July, 2015.
Mayor Danny Kolhage
Mayor Pro Tern Heather Carruthers
Commissioner George Neugent
Commissioner David Rice
Commissioner Sylvia Murphy
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
KIM
(SEAL)
ATTEST: AMY HEAVILIN, CLERK
DEPUTY CLERK
Mayor Danny Kolhage
2
MONROE COUNTY ATTORNEY
ATRRO� D A O, FORM:
Li 1111-
STD T. WILLIAMS
ASSISTANT COUNTY ATTORNEY
Date
TI�EPA\1FI:
May 7, 2015
Vp
Ms. Christine Hurley, Division Director
Monroe County Growth Management
2798 Overseas Hwy, Suite 400
Marathon, FL 33050
1 r Al..
Re: Inclusionary Housing — Exemptions and Waivers
5312 3rd Avenue (Lots 12, 13, 14, Block 53, Maloney Subdivision
RE# 00126710.000000, 00126720.000000 & 00126730.000000)
Dear Ms. Hurley,
Per Sec. 130-161(b)(3), please accept this letter as a formal request to modify the alternate
compliance for the inclusionary housing requirement for the above referenced property.
The above property is the subject of a proposed redevelopment of five dwelling units' (File #2015-
076 and #2015-077). The redevelopment of five units under MCC Sec. 130-161(b) requires 1.5
units be converted to affordable. The property owner also owns property at 5625 MacDonald
Avenue, Stock Island. We seek to deed restrict the two units at 5625 MacDonald Avenue in -lieu of
deed restricting the units at 5312 3rd Avenue.
The redevelopment of the five units at 5312 3rd Avenue will result in dramatic improvements to
landscaping, parking, setbacks, health and safety.
We respectfully ask for your support in this endeavor to rebuild our community housing stock
and provide long-term affordable housing consistent with Goal 601.
This request complies with the provisions of Sec. 130-161(3) in the following manner:
1. Strict application of the requirements would produce a result inconsistent with the plan or
the purpose and intent of this subsection;
The project seeks to rebuild flood -prone, 2-bedroom non -complying residential units
with code compliant, FEMA compliant, 2-bedroom units. The alternate compliance
requirement to deed restrict 3 units for a 5 unit redevelopment constitutes a 60%
inclusionary requirement. This is an onerous penalty that will prevent this and future
projects from moving forward consistent with Goal 601.
The plan intends to facilitate access by all residents to safe, decent, and structurally
sound housing that meets residents' needs based on type, tenure characteristics, unit
' 5312 3rd Avenue has 14 units total, 5 of which are proposed to be redeveloped
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May 7, 2015
Page 2 of 6
size and individual preferences. Experience demonstrates that the inclusionary housing
requirement of 30% accommodates enough market flexibility to allow the rebuilding and
upgrading of housing stock pursuant to Goal 601. However, when the inclusionary
housing requirement increases above 30%, or 60% in this case, the market flexibility is
eliminated and rebuilding and upgrading of housing stock becomes cost prohibitive
unless the non deed -restricted housing is exclusively up -scale. This cost -burdening
effect of the alternate compliance on this project makes its strict application inconsistent
with the plan.
The proposed adjustment to alternate compliance is not inconsistent with the plan and
is, in fact, consistent with and furthers the followings Goals, Objectives, and Policies:
• Goal 601;
• Objective 601,2;
• Objective 601.3;
• Policy 601.3.2
• Objective 601.6.3
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;
Specifically, the project furthers the Goals, Objectives and Policies above by rebuilding
housing of various types, sizes and price ranges to meet the demands of current and
future residents. As mentioned above, a 60% inclusionary requirement creates a cost -
burdened project that does not allow for a full range of housing options to be
maintained.
3. The developer or property owner demonstrates an absence of any reasonable relationship
between the impact of the proposed residential development and requirements of this
subsection (b); or
The property owner seeks to comply with the intent of the inclusionary housing
ordinance, i.e. 30%. The manner in which the alternate compliance provision is written,
it is literally interpreted to require 600/a affordables. Notwithstanding the above
mentioned plan goals, the Stock Island/Key Haven Livable CommuniKeys Master Plan -
Goal Four: Maintaining affordable housing while providing for a mix of housing options
supports the proposed adjustment to alternate compliance. "The proximity of Stock
Island to Key West provides and "alternative" housing location to the extremely high
land value of Key West. The proximate location is not only an advantage to those who
work in Key West, but also increasingly to those who may not necessarily work in Key
West but wish to live full or part time in market rate housing."
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.
z Goal 601
May 7, 2025
Page 3 of G
Not Applicable.
In addition to the above, this request is consistent with the Principles of Guiding Development in
the Florida Keys Area of Critical State Concern as follows:
(a) Strengthening local government capabilities for managing land use and development so that
local government is able to achieve these objectives without continuing the area of critical
state concern designation.
The project does not diminish local government capabilities for managing land use and
development.
(b) Protecting shoreline and marine resources, including mangroves, coral reef formations, seagrass
beds, wetlands, fish and wildlife, and their habitat.
This project furthers the Principles through the planting of native landscaping, and the
installation of stormwater management.
(c) Protecting upland resources, tropical biological communities, freshwater wetlands, native
tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and
beaches, wildlife, and their habitat.
This project furthers the Principles through the planting of native landscaping, and the
installation of stormwater management.
(d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic
development.
The project promotes the well-being of the Florida Keys and its citizens by redeveloping a
property that was initially in an unsafe, unhealthy and non -code compliant condition.
Proposed plans will improve sanitary conditions of the sound structures while demolishing
the uninhabitable ones. Many of the nonconformities such as setbacks, parking, and
landscaping will be eliminated to the maximum extent practicable while maintaining and
rebuilding the existing mix of housing stock which promotes the economic development of
the Stock Island area.
(e) Limiting the adverse impacts of development on the quality of water throughout the Florida
Keys.
The project will limit the adverse impacts of development on the quality of water through
the planting of native plants and the installation of stormwater management to this property
and thereby protecting the neighboring natural habitat.
(f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural
environment, and ensuring that development is compatible with the unique historic character of
the Florida Keys.
3 LDRD; December 3, 2014
May 7, 2015
Page 4 of 6
The project will enhance natural scenic resources, promoting the aesthetic benefits of the
natural environment through the planting of native plants and the installation of stormwater
management.
(g) Protecting the historical heritage of the Florida Keys.
The proposed new construction will be compatible with Florida Keys construction and
design. The redeveloped units will maintain the historic neighborhood character and
existing mix of housing stock.
(h) Protecting the value, efficiency,, cost-effectiveness, and amortized life of existing and proposed
major public investments, including:
1. The Florida Keys Aqueduct and water supply facilities;
The proposed redevelopment will be maintained on land already served by FKAA
infrastructure.
2. Sewage collection, treatment, and disposal facilities;
The proposed redevelopment will be maintained on land already served by central sewer
infrastructure.
3. Solid waste treatment, collection, and disposal facilities;
The proposed redevelopment will be maintained on land already served by solid waste
infrastructure.
4. Key West Naval Air Station and other military facilities, -
The proposed redevelopment will be maintained on land already impacted by Key West
NAS.
S. Transportation facilities;
The proposed redevelopment will be maintained on land already served by
transportation infrastructure.
6. Federal parks, wildlife refuges, and marine sanctuaries;
The proposed redevelopment will be maintained on land already served by federal
parks, wildlife refuges, and marine sanctuaries infrastructure.
7. State parks, recreation facilities, aquatic preserves, and other publicly owned properties;
The proposed redevelopment will be maintained on land already served by State parks,
recreation facilities, aquatic preserves, and other publicly owned properties
infrastructure.
May 7, 2015
Page 5 of b
8. City electric service and the Florida Keys Electric Co-op; and
The proposed redevelopment will be maintained on land already served by KEYS Energy
infrastructure.
9. Other utilities, as appropriate.
The proposed redevelopment will be maintained on land already served by utilities
infrastructure.
(i) Protecting and improving water quality by providing for the construction, operation,
maintenance, and replacement of stormwater management facilities; central sewage collection,
treatment and disposal facilities, and the installation and proper operation and maintenance of
onsite sewage treatment and disposal systems
The project has a stormwater management plan that does not currently exist on the
property and will provide protection and improvement of water quality by providing for the
construction, operation, maintenance, and replacement of stormwater management. The
proposed redevelopment will be maintained on land already served by central sewer
infrastructure.
(j) Ensuring the improvement of nearshore water quality by requiring the construction and
operation of wastewater management facilities that meet the requirements of ss .381.0065(4)(I)
and 403.086(10), as applicable, and by directing growth to areas served by central wastewater
treatment facilities through permit allocation systems.
The proposed redevelopment will be maintained on land already served by central sewer
infrastructure.
(k) Limiting the adverse impacts of public investments on the en vironmental resources of the
Florida Keys
The project does not negatively impact public investments on the environmental resources
of the Florida Keys.
(I) Making available adequate affordable housing for all sectors of the population of the Florida
Keys
The project will maintain 100% of the existing housing stock as well as provide an
additional 30% affordable housing units.
(m) Pro viding adequate alternatives for the protection of public safety and welfare in the event of a
natural or manmade disaster and for a postdisaster reconstruction plan.
All new construction will be code and FEMA compliant complying with life safety standards.
All units have been counted in the Hurricane Evacuation Model.
May 7, 2015
Page G of G
(n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and
maintaining the Florida Keys as a unique Florida resource,
The project protects the public health, safety, and welfare of the citizens of the Florida
Keys and maintains the Florida Keys as a unique Florida resource by preserving its
existing mix of housing stock as well as deed restricting an additional 30% as deed
restricted affordable. Plumbing and electrical will be upgraded as needed and brought
to code compliance. Uninhabitable structures will be removed and replaced with safe
and sanitary new construction which is compatible with the neighborhood and reflective
of Florida Keys design. Improvements to the site will serve to improve stormwater
conditions protecting the native habitats in the vicinity. Furthermore, the project
supports the diverse economic Stock Island community by providing a range of rental
housing units.
Thank you in advance for your consideration.
Sincerely,
Lori Thompson
Research and Development
Monroe County Land Development Code
Excerpt
Sec. 130-161. - Affordable and employee housing; administration.
(b) Inclusionary housing requirements.
(1) Purpose and intent. The purpose of this subsection (b), consistent with Goal 601 of the plan, is
to ensure that the need for affordable housing is not exacerbated by new residential
development and redevelopment of existing affordable housing stock. The intent of this
subsection is to protect the existing affordable housing stock, to permit owners of mobile homes
and mobile home spaces to continue established mobile home uses consistent with current
building and safety standards and regulations and to ensure that, as residential development,
redevelopment and mobile home conversions occur, plan policies regarding affordable housing
are implemented.
(2) Applicability. Except as provided in subsection (b)(3) of this section, the inclusionary housing
requirements set forth below shall apply. Determinations regarding the applicability of this
subsection shall be made by the planning director. For purposes of calculating the number of
affordable units required by this subsection, density bonuses shall not be counted and only
fractional requirements equal to or greater than .5 shall be rounded up to the nearest whole
number.
a. Residential developments, other than mobile home or mobile home spaces covered by
subsection (b)(2)b. of this section, that result in the development or redevelopment of three
or more dwelling units on a parcel or contiguous parcels shall be required to develop or
redevelop at least 30 percent of the residential units as affordable housing units.
Residential development or redevelopment of three units on a parcel or contiguous parcels
shall require that one developed or redeveloped unit be an affordable housing unit. For the
purpose of this section, and notwithstanding subsection (b)(2)b. of this section, any
dwelling unit exceeding the number of lawfully established dwelling units on site, which are
created by either a THE or ROGO allocation award, shall be considered developed units.
b. The removal and replacement with other types of dwelling units of ten or more mobile
homes that are located on a parcel or contiguous parcels and/or the conversion of mobile
home spaces located on a parcel or contiguous parcels into a use other than mobile
homes shall be required to include in the development or redevelopment a number of
affordable housing units equal to at least 30 percent of the number of existing units being
removed and replaced or converted from mobile home use or, in the event the new use is
nonresidential, to develop affordable housing units at least equal in number to 30 percent
of the number of mobile homes or mobile home spaces being converted to other than
mobile home use. Removal and replacement or conversion to a different use of ten mobile
homes or mobile home spaces on a parcel or contiguous parcels shall require that three
units be replaced or converted to deed -restricted affordable housing.
D. In calculating the number of affordable housing units required for a particular project, or
phase of a project, all dwelling units proposed for development or redevelopment or mobile
homes or mobile home spaces to be converted from mobile home use since the effective
date of the ordinance from which this section is derived shall be counted. In phased
projects, the affordable housing requirements shall be proportionally allocated among the
phases. If a subsequent development or redevelopment is proposed following a prior
development approved on the same property as it existed as of the effective date of the
ordinance from which this section is derived, which prior development did not meet the
compliance thresholds set forth in subsection (b)(2)a. or (b)(2)b. of this section, the
requirements of subsection (b)(2)a. or (b)(2)b. of this section shall be met as part of the
subsequent development for all units proposed for development or redevelopment after the
effective date of the ordinance from which this section is derived.
Page 1
Monroe County Land Development Code
Excerpt
(3) Exemptions and waivers.
a. The following uses shall be exempt from the inclusionary housing requirements set forth in
subsection (b)(2)a. of this section: affordable housing, employee housing, nursing homes,
or assisted care living facilities.
The board of county commissioners may reduce, adjust, or waive the requirements set
forth in this subsection (b) where, based on specific findings of fact, the board concludes,
with respect to any developer or property owner, that:
1. Strict application of the requirements would produce a result inconsistent with the plan
or the purpose and intent of this subsection;
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 of this subsection (b); or
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.
Any developer or property owner who believes that he may be eligible for relief from the
strict application of this section may petition the board of county commissioners for relief
under this subsection (b)(3) of this section. Any petitioner for relief hereunder shall provide
evidentiary and legal justification for any reduction, adjustment or waiver of any
requirements under this section.
(4) Alternate compliance.
Compliance with this subsection may be achieved through the deed -restriction of existing
dwelling units requiring that the affected units remain subject to the county's affordable
housing restrictions for a period not less than the period prescribed in subsection (5)(c)3.,
below, according to administrative procedures established by the county.
The following example is set forth to illustrate potential application options:
Example: Owner/developer has 100 development rights
• Option 1: Owner/developer may build up to 70 market rate units and shall build
30 affordable units (using conventional compliance method.) The owner's 100
development rights yield a ratio of 70 market rate units and 30 affordable units.
• Option 2: Owner/developer may build up to 70 market rate units and shall
purchase and deed -restrict 30 existing market rate units (in lieu of building 30
new affordable units.) The owner's 100 development rights again yield a ratio of
70 market rate units to 30 affordable units.
• Option 3: Owner/developer may build up to 100 new market rates. If the
developer wishes to use all 100 development rights for market rate development,
his inclusionary compliance requirement to purchase and deed -restrict existing
market rate units increases, and in this case for example, calculates to 43 total
affordable units. (The owner's 100 development rights yield a ratio of 100 market
rate units to 43 affordable units, which is equivalent to the ratio of 70 market
rates to 30 affordables:
100/43 = 70/30.)
Page 2
Monroe County Land Development Code
Excerpt
In -lieu fees. The developer of a project subject to the requirements of this subsection (b)
may contribute a fee in -lieu of the inclusionary housing requirements for all or a percentage
of the affordable housing units required by subsection (b)(2). The developer shall pay per
unit in -lieu fees the current maximum sales price for a one -bedroom affordable unit as
established under section 130-161(a). All in -lieu fees shall be deposited into the affordable
housing trust fund and spent solely for the purposes allowed for that fund. The developer,
along with any corresponding in -lieu fees, shall transfer to the county ownership of the
associated ROGO-exempt development rights for any affordable unit(s) required by this
section for which the in -lieu fee option is used.
Land donation. Upon the acceptance of the board of county commissioners of a proposed
onsite or offsite parcel (or parcels), a developer may satisfy the requirements of this
subsection by donating to the county, or other agency or not -far -profit organization
approved by the board, one IS or URM lot for each unit required but not provided through
actual construction or in -lieu fees (or a parcel or parcels of land zoned other than IS or
URM as long as the donated parcel(s) will support the development of an appropriate
number of affordable units). Lots or other parcels so provided shall not be subject to
environmental or other constraints that would prohibit immediate construction of affordable
housing units. The developer, along with any corresponding donated parcel(s), shall
transfer to the county ownership of the associated ROGO allocations or ROGO-exempt
development rights for any affordable unit(s) required under this section.
Page 3
Planning & Environmental Resources
Department
2798 Overseas Highway, Suite 410
Marathon, FL 33050
Voice: (305) 289-2500
FAX: (305) 289-2536
February 18, 2010
Mark Rossi
24 Hilton Haven Road
Key West, FL 33040
County of Monroe
Growth Management Division
Board of County Commissioners
Mayor Sylvia J. Murphy, Dist. 5
Mayor Pro Tern Heather Carruthers, Dist. 3
Kim Wigington, Dist. 1
George Neugent, Dist. 2
Mario Di Gennaro, Dist. 4
We strive to be curing, professional and fair
RE: ROGO Exemption Request for 5625 McDonald Avenue, Stock Island
Block 31, Lot 18, Maloney Subdivision (PB 1-55), Real Estate Number 00124520.000000
Mr. Rossi,
You have requested a determination as to whether or not two (2) residential dwelling units are exempt
from the Residential Rate of Growth Ordinance (ROGO) on the above -described premises.
Pursuant to §138-22 of the Monroe County Code, the ROGO shall not apply to the redevelopment,
rehabilitation or replacement of any lawfully -established residential dwelling unit that does not increase
the number of dwelling units that existed on the site. Therefore, owners of land shall be entitled to one
(1) dwelling unit allocation, exempt from the ROGO permit allocation system, for each dwelling unit
lawfully -established on a given property. Administrative Interpretation 03-108 provides the criteria to
be used by staff to determine whether or not a dwelling unit was lawfully -established:
(a) A permit or other official approval from the Division of Growth Management for the dwelling units:
The following table organizes building permits by date issued:
Permit No.
Date Issued
Description
3890
06-04-1962
Construct 1 I' x 26building and install electrical
10012
10-29-1965
Hurricane repairs
15027
I0-19-1967
Construct 121 x 16' addition and add 60 amp electrical service
A-14007
09-04-1985
Construct new roof over flat roof
A-16613
12-10-1986
Place trusses on flat roof
921-449I
04-21-I992
Replace I00 amp service and change electric system
051-3104
06-10-2005
Sewer tie in for "#2" from unit to clean out
051-4390
0849-2005
Sewer tie in for "# 1" from unit to clean out
0514592
08-31-2005
Sewer tie in for "11" from unit to clean out
051-5748
1 I-03-2005
Sewer tie in for "#1" from unit to clean out
061-2291
04-10-2006
Construct 1,600 square foot wood anel fence
ROGO Exemption Request for 5625 McDonald Avenue, Stock Island Page 1 of 3
Block 31, Lot I8, Maloney Subdivision (PB1-55), ReaI Estate Number 00124520.000000
071-2227
05-17-2007
Install 2 wooden gates
081-1801
05-12-2008
Reactivate 071-2227 to install 2 wooden gates,_add one 1 roll gate
(b) If a permit or other official approval from the Division of Growth Management is not available, the
following information may be used to further support or establish that a dwelling unit was lawfully -
established:
Site Visit: A site visit was conducted by Thomas A. Lloyd, Planner, on January 28, 2010. Two
unoccupied dwelling units were observed on the property. Inside the second unit, staff noted that
what was once likely a kitchen area had since been converted into a pet bathing facility, complete
with two bathtubs. However, the commercial use had been abandoned.
Land Use District: The property is located in an urban residential -mobile home (URM) district, in
which a detached residential dwelling is a permitted use.
Aerial Photography: Aerial photography from 1982 to 2008 confirms the continuous existence of
two structures on the property. As a note, aerial photography can only confirm the number of
structures, not the number of units, in existence at any given time.
Monroe County Property Record Card: The Property Appraiser currently assesses the property
under a property classification code of 12-store/office/residential or combination. Further, the
Appraiser's notes state, "Residence one building, dog grooming business the other." Additional
information acquired from the Property Appraiser, specifically a history of changes made to the
property's property classification (PC) codes, shows that the subject property was first appraised as
01- Single Family Residential prior to 1994, then as 08- Multi -family residential (less than 10 Units)
from 1995 until 2005, then as stated above, 12- from 2006 through the present. However, an
archived property record card with an appraiser's note dated July 6, 1977, makes reference to an
"efficiency apartment." Additionally, the property received a homestead exemption from 1982
through 2004.
Year built: Building 1 (1953) Building 2 (1953)
Utility records: Keys Energy Service records suggest that two separate electrical service meters exist
on the property. One of these meters has been in service since at least January, 1966; the other since
at least March, 1969. The presence of two separate meters was confirmed during the site visit.
Florida Keys Aqueduct Authority records indicate that water service has been provided to the site
since at least June, 1978.
nether the residential use could have been permitted under the pre-1986 zoning: Prior to 1986, the
property was within the BU-2 Medium Business District where residential uses were expressly
prohibited. However, the structures were built in the 1950s prior to any zoning ordinance.
Based on a review of the records, the Planning & Environmental Resources Department has determined
that two (2) dwelling units are lawfully -established on the subject property.
Pursuant to § 13 0-15 7 of the Monroe County Code, the maximum residential density in the URM District
is one (1) dwelling unit per lot. However, the second residential unit found on the property and referred
ROGO Exemption Request for 5625 McDonald Avenue, Stock Island Page 2 of 3
Block 31, Lot 18, Maloney Subdivision (PB 1-55), Real Estate Nwnber 00124520.000000
to as an "efficiency apartment" by the property appraiser in 1977, predates the current land development
regulations. Therefore, each of the two residential dwelling units found on RE 00124520.000000 are
considered lawful, nonconforming structures and uses in the URM District, in accordance with MCC
§130-163.
However, any commercial use, evidence of which was found on the site, is prohibited. Commercial
retail uses are not permitted in the URM district. As such, the dog grooming business had been
operating unlawfully. As the appraiser's records note, the commercial use likely began sometime around
2005. Given the timing, the activity would have been subject to the current land development
regulations.
The units are nonconforming to several land development and building codes. Pursuant to § 102-57 of
the Monroe County Code, normal maintenance and repair of registered nonconforming structures may be
performed. However, if a structure in which a nonconforming use is located is damaged or destroyed so
as to require substantial improvement, then the structure may be repaired or restored only for uses which
conform to the provisions of the land use district in which it is located. Substantial improvement is
defined as any repair, reconstruction or improvement of a structure where the cost of which equals or
exceeds fifty (50) percent of the predestruction market value of the structure, as determined by the Office
of the Tax Assessor.
Therefore, if either of the residential buildings does not sustain substantial damage, and the cost of
repairs does not equal or exceed fifty (50) percent of its predestruction market value, the building may be
repaired or restored within its original footprint. If the building is demolished or sustains substantial
damage where the cost of repair does equal or exceed fifty (50) percent of its predestruction market
value, then the building must be rebuilt conforming to the provisions of the URM district. However,
pursuant to § 13 0- 163 of the Monroe County Code, the property's density is protected and two (2) single-
family, detached dwellings may be rebuilt on the subject property. Furthermore, these units must
conform to all other provisions of the URM District.
If the exempted dwelling units are replaced, all existing accessory structures must also be demolished
unless written permission stating otherwise is provided by the Planning & Environmental Resources
Department. This letter does not provide any vesting to existing regulations and the replacement
dwelling unit and any new accessory structures must be built in compliance with all applicable
regulations of the Monroe County Code and Year 2010 Comprehensive Plan at the time of development
approval. Furthermore, if an exempted dwelling unit is not replaced, but substantially improved as
defined in the Monroe County Code, it must be brought into compliance with all applicable regulations.
If you have any questions regarding the contents of this letter or if we may further assist you, please feel
free to contact our office at (305) 289-2500.
ROGO Exemption Request for 5625 McDonald Avenue, Stock Island Page 3 of 3
Block 31, Lot 18, Maloney Subdivision (PB1-55), Real Estate Number 00124520.000000
Countyo ro
Growth Management Division
Planning&Environmental Resources i 1,G� Board nS�'awntv Commissioners
DepartmentDepartmentment
Mayor Sylvia J.Murphy,District 5
,��, �,
2798 Overseas IIighway,Suite 410 � j r % % � � Mayor Pro Tem.,Danuv L. Kolhage,District 1
Marathon,FL 33050 .,�/' ,, � � Q:;errrge 1�7e�rgent,17isCrict 2
Voice: (305)2.89-2500 Heather Carruthers, District 3
FAX': (305)289-2536 David Rice,.District 4
December 3, 2014.
Keys Island Properties, L.LC
1201 Simonton St,
Key West, FL 33040
M LETTER OF DEVELOPMENT RIGHTS DETERMINATION FOR 31 3RD
AVENUE, STOCK ISLAND, ON PROPERTY CURRENTLY HAVING w'AL,
ESTATE NUMBERS 001 6710.000000, 1 67 0.000000, AND O'0'126730.000000
This letter, is in response to your request for a determination as to the renumber of dwelling units
that were lawfully established and thereby exempt from the Residential Rate of Growth
Ordinance (RO,G ) permit allocation system,
Background Information,
The sub2ject property is located at 5312 3 d Avenue on. Stock Island, at approximate mile marker
5 on the Atlantic Ocean side of US 1. It is situated on the south side of 3rd Avenue. There are
four existing multi-farnily residential buildings on the property. Until recently, the property went
under the name `Wilson Apartments, LLC."
The property is comprised of three parcels of land, assessed under individual real estate (R.1 )
numbers 00126710.000000, 126720.000000, and 00126730.000000, The parcels are legally
described as Block 53, Lots 12, 13, and 14, Maloney Subdivision, (Plat Book 1, Page 55), Stock.
Island, Monroe County, Florida.
The property is located within a Mixed Use (MU) Land Use (Zoning) District. Consistent with
the boundaries of the MU district, it is designated Mixed Use Commercial (MC:) on the Future
Land Use Map (FLUM). The following aerial photograph shoes the boundaries of the property
and the immediate area:
5312 P Avenue L.LC(Stock Island), LDR:D(File#;201.4-1116) Page I of 8
i
l
u'un
a /
1ru /
Sub ject property with Land Use Iisto°fctslverlaid(Aerie dated 2(11 )
The applicant is requesting a determination of the number of development rights e endpt from
the residential Date of Growth Ordinance (ROGO). The dwelling;units in question are related to
the existing buildings on the property.
Residential Dwelling Units:
As defined in Monroe County Code (MCC) §101-1
PeMmnent residential unit means a dwelling unit that is designed for, and capable of,
serving as a residence for a full housekeeping unit which includes a kitchen composed of
at least a refrigerator and stave.
Transient residential unit means a dwelling unit used for transient housing such as hotel
or motel room, seasonal residential unit,, or space for parking a recreational vehicle or
travel trailer,
5312 3"d Avenue LL (Stack Island), LDRD(File 201.4-106) Page 2 of
Pursuant to MCC §138-22(1), the ROGO shall not apply to the redevelopment; rehabilitation or
replacement of any I awful ly- established residential dwelling unit that does not increase the
number of residential dwelling units above that which existed on the site prior to the
redevelopment, rehabilitation or replacement. Therefore, owners of land containing residential
dwelling units shall be entitled to one unit for each such unit lawfully -established. The planning
director shall review available documents to determine if a body of evidence exists to support the
existence of units on or about July 13, 1992, the effective date of the original ROGO ordinance.
In order to approve an exemption, at least two of the following documents supporting the lawful
existence of the residential dwelling unit or space must be found:
Any issued Monroe County building permit(s) supporting the existence of the structure(s) and its
use(s) on or about July 13, 1992:
The following issued building permits are on file in the Building Department's records:
Permit #
Year
Description
RE #00 1267 10.000000 (Western parcel)
3682
1962
CBS Duplex
13211
1967
Frame Residence
25245
1972
146' of Fence
981-1653
1998
Re -roof commercial apartment
061-0884
2006
Repair flood damage
081-0840
2008
Main sewer line replacement
RE #00126720.000000 (Central parcel)
26035
1972 1
Cement slab
RE #00126730.000000 (Eastern parcel)
17634
1969
CBS 2 Story Home
881-0472
1988
Replace Electric Meter on Unit #1
881-1455
1988
Roof Repairs
941-1434
1995
Re -roof to existing commercial building
041-2794
2004
Re -roof
051-0697
2005
Interior remodel to Unit 1 1
There are multiple building permits on file in the Monroe County Building Department's records
for the buildings, including three for the initial construction of buildings on the parcels assessed
as RE 4001267100.000000 and RE 40012673000.000000.
RE 400126710.000000: Building Permit 43682 approved the construction of one of the
two existing buildings, a CBS duplex. Building Permit 413211 approved the construction
of the second existing building.
RE #00126720.000000: Building Permit 426035 approved the construction of a cement
slab. This parcel lists no building as a principal structure; however, it should be noted that
5312 3r1 Avenue LLC (Stock Island), LDRD (File 92014-106) Page 3 of 8
the 2 story CBS home permitted by Building Permit 417634 extends approximately 6'
over the property line this parcel shares with 00126730.000000.
RE #00126730.000000: Building Permit #17634 approved the construction of the
existing 2 story CBS home.
Documentation from the Monroe County Property Appraiser's Office indicating residential use
on or about July 13, 1992:
The Property Appraiser's office currently assesses parcels with buildings (RE
400126710.000000 and RE 400126730.000000) under a property classification code of 08
(Multi -Family Less Than 10 Units). The parcel without a building (RE #00126720.000000) is
assessed under a property classification code of 10 (Vacant Commercial).
The Property Appraiser's office currently assesses residential space in six buildings, located on
the parcels assessed as RE #00126710.000000 and RE 400126730.000000.
According to the Property Appraiser's records associated with RE #00126710.000000, four
buildings are assessed under this parcel. Building #1 (Building A) is a CBS building built in
1953 and consists of 2508 SF of floor area. Building 42 (Building B) is a CBS building built in
1963 and consists of 2170 SF of floor area. Building 43 (Building C) is a mobile home built in
1965 and consists of 192 SF of floor area. Building #4 (Building D) is a mobile home built in
1960 and consists of 232 SF.
According to the Property Appraiser's records associated with RE .400126730.000000, two
buildings are assessed under this parcel. Building 91 (Building F) is a wood frame building built
in 1953 and consists of 3127 SF of floor area. Building #2 (Building E) is a CBS building built
in 1998 and each consists of 1352 SF of floor area.
Aerial photographs and original dated photographs showing the structures) existed on or about
July 13, 1992:
Aerial photography from 1984 to 2012 confirins the continuous existence of all four buildings
currently on the property; however, no mobile homes appear on RE #00126710.000000 until the
1993 aerial photography. Only one mobile home is plainly visible in the 1993, 1999, 2002, and
2006 aerials. No mobile homes are in the 2009 and 2012 aerials due to a pair of large trees on
that section of the property. As a note, aerial photography can only confirm the number of
structures, not the use or number of dwelling units, in existence at any given time.
Building
Structure Visible
1985
1989
1993
1999
1 2002
2006
2009
2012
#1
X
X
X
X
X
X
X
X
92
X
X
X
X
X
X
X
X
#3
X
X
X
X
X
X
X
X
5312 3`' Avenue LLC (Stock Island), LDRD (File 42014-106) Page 4 of 8
94
X
X X
X
I X
X
X
X
Mobile Horne
Structure Visible
1985
1989
1993
1999
2002
2006
2009
2012
# 1
n/a
n/a
X
X
X
X
X
X
42
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Residential county directory entries on or about July 13, 1992:
Residential county directory entries were not provided for review.
Rental, occupancy or lease records, on or about September 19, 2001, indicating the number,
type and term of the rental or occupancy:
Residential rental, occupancy or lease records were not provided for review.
State andlor County licenses, on or about July 13, 1992, indicating the number and types of
rental units:
A 2013/2014 Monroe County Business Tax Receipt was provided under the business name
"Wilson Apartments/The Wilson Apartments, Inc., with an expiration date of September 30,
2014.
Documentation from the utility providers indicating the type of service (commercial or
residential) provided and the number of meters in existence on or about July 13, 1992.-
Documentation was provided from Keys Energy Services for twelve (12) accounts for electrical
service; however, no service establishment date was evident on these records. Two of the
accounts had no reading or billing date. The remaining ten (10) all showed a billing date of
April 4, 2014 and a due date of May 16, 2014
Similar supporting documentation not listed above as determined suitable by the planning
director:
Site Inspection: Staff conducted a site inspection on September 18, 2014. During the
course of the inspection, staff noted the following structures (and uses occurring therein):
Staff noted 4 buildings with a total of 12 dwelling units and two mobile homes. All four
buildings were in the process of extensive remodeling/demolition. The two mobile
homes were both in a severe state of disrepair and uninhabitable at the time of site visit.
RE l#00126710.000000 (Western parcel): Two buildings were observed — two 2-story
apartment buildings (the first identified as Buildings A and B), along with two mobile
homes identified as `Buildings' C & D. The residential use of the seven dwelling units in
Buildings A & B appeared to be apartment -style in nature. Each of the mobile homes
was hard -plumbed into the existing sewer lines.
531 2 3`d (venue LLC (Stock Island), LDRD (File #2014-106) Page 5 of 8
RE 400126720.000000 (Central parcel): A portion of the building to the rear of
RE#00126730.000000 (Building E) straddles the property line with this parcel. With that
lone exception, there was no other development on this parcel.
RE #00126730.000000 (Eastern parcel): Two buildings were observed - one 1-story
building (Building F) and one 2-story building (Building E). Building E had a residential
use in the style of a triplex. Building F's residential use was a duplex, with one unit
upstairs and one downstairs.
Total: Four buildings and two mobile homes were observed, consisting of fourteen (14)
dwelling units.
Affidavits: The applicant provided staff with sworn, notarized affidavits from three
persons purporting to have lived at or owned the subject property. These affiants attested
to the fact that the two mobile homes in question on the western parcel (RE
#00126710.000000) had been in place since 1992 and were in use as permanent
residential units.
Lawful Determination:
Based on a review of the records. the Planning & Environmental Resources Department has
determined that (14) residential dwelling units were lawfully established on the subject
property and their replacement would thereby be exempt from the ROGO permit allocation
system.
In the application, it is asserted that 14 residential dwelling units (12 apartments and two mobile
homes) were lawfully established. This total corresponded to the total number of dwelling units
observed by staff during the site visit. But regardless of the existing total, in order to provide a
ROGO exemption for a given dwelling unit, the planning director shall review available
documents to determine if a body of evidence exists to support the lawful existence of the
dwelling unit on or about July 13, 1992, the effective date of the original ROGO ordinance.
RE 900126710.000000 Western pwcgth
Two buildings and two mobile homes are in existence on this parcel. Based on a review
of the aforementioned records, the Department determined that nine (9) residential
dwelling units were Iawfully established within each building.
Building Permit 43692, issued in 1962, approved the construction of a duplex building
(Building A). This permit approval lawfully establishes two of the dwelling units.
Building Permit #13211, issued in 1967, approved the construction of the wood
framelcomposite addition to the second story of the second building. This permit
approval lawfully establishes the second building, accounting for the two units therein.
5312 3'd Avenue LLC (Stock Island), LDRD (File #2014-106) Page 6 of 8
During the course of the site visit, Staff noted four separate units in Building A, two on
each level, each with its own bathroom and kitchen. Staff also noted three separate units
in Building B (one downstairs, two upstairs), each with its own bathroom and kitchen.
These observations, coupled with the additional information provided by the applicant
and information from the Property Appraiser, justifies the additional five units in the two
existing established rights on this parcel.
In addition, the information gleaned from aerial photography, coupled with the three
affidavits provided by the applicant support the assertion that the two mobile homes were
in use as permanent residential dwelling units at the time that the ROGO was instituted.
The cumulative total of ROGO exempt dwelling units on this property, based on the
investigation of Staff, is nine (9).
RE 400126720.000000 (Central parcel):
There are no buildings on this parcel and no rights associated with it based on the
Department's review of the available information.
RE 400126730.000000 (Eastern parcel):
Two buildings are in existence on this parcel. Building Permit #17634, issued in 1969,
approved the construction of the duplex building (Building E). This permit approval
lawfully establishes two of the dwelling units.
A building permit is not on file for the initial construction of the triplex building.
According to the Monroe County Property Appraiser's records, the triplex identified as
Building F in the application was built in 1953.
During the course of the site visit, Staff noted three units in Building F, each with their
own kitchen and bathroom. Staff also noted two units in Building E (one on each floor),
each with its own kitchen and bathroom. These observations, coupled with the
additional information provided by the applicant and information from the Property
Appraiser, justifies the five units in the two existing buildings on this parcel. The
cumulative total of ROGO exempt dwelling units on this property, based on the
investigation of Staff, is five (5).
This letter does not provide any vesting to existing regulations and the replacement dwelling
units and any new accessory structures must be built in compliance with all applicable
regulations of the Monroe County Code and Comprehensive Plan at the time of development
approval. Furthermore, if the exempted development is not replaced, but substantially improved
as defined in the Monroe County Code, such development must be brought into compliance with
all applicable regulations.
5312 3`d Avenue LLC (Stock Island), LDRD (File #2014-106) Page 7 of 8
You may appeal decisions set forth in this letter. The appeal must be filed with the County
Administrator, 1100 Simonton Street, Gato Building, Key West, FL 33040, within thirty (30)
calendar days from the date of this letter. In addition, please submit a copy of your application to
the Planning Commission Coordinator, Monroe County Planning & Environmental Resources
Department, 2798 Overseas Hwy, Suite 410. Marathon, FL 33050.
We trust that this information is of assistance. If you have any questions regarding the contents
of this letter or if we may further assist you with your project, please feel free to contact our
Marathon office at (305) 289-2500.
Sincerely, l
Townsley Schwab, Senior Director of Planning & Environmental Resources
5312 3"d Avenue LLC (Stock Island), LDRD (File 42014-106) Page 8 of 8