Item J01County of Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
IleOI1da Keys
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Mayor Pro Tern Sylvia J. Murphy, District 5
Danny L. Kolhage, District I
P f,<
George Neugent, District 2
a
Heather Carruthers, District 3
County Commission Meeting
May 16, 2018
Agenda Item Number: J.1
Agenda Item Summary #1716
BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper (305) 289 -2506
N/A
AGENDA ITEM WORDING: A resolution approving a request by Joel Reed on behalf of Marina
Inn Land, LLC for a partial exemption to the County's inclusionary housing requirements, pursuant
to Section 139- 1(b)(3) of the Monroe County Land Development Code, on property commonly
known as Marina Inn Condominium located at 111, 121, 211, 311, 321, 411 and 421 Beach Road in
Ocean Reef, having parcel numbers from 00569471- 000200 to 00569471- 005000.
ITEM BACKGROUND:
The Marina Inn Condominium property consists of 30 attached residential dwelling units, previously
recognized as ROGO- exempt in a Letter of Development Rights Determination (File 4 2014 -042)
issued by the County on May 16, 2014.
In a Letter of Understanding dated June 24, 2014, staff outlined the applicable portions of the
County Comprehensive Plan and Land Development Code regarding the proposed demolition of the
existing 30 -unit development and construction of a new 30 -unit development, consisting of a single
3 -story building, new parking areas, modified docking facilities and other site improvements. In this
LOU, staff informed the property owner and their consultant about the proposed redevelopment of
residential dwelling units being subject to the County's inclusionary housing requirements. In this
case, nine (9) of the 30 existing dwelling units would be required to be deed - restricted affordable
housing.
On February 19, 2016, the Applicant submitted a request for partial exemption from the County
Inclusionary Housing regulations. The development is currently under construction.
On April 18, 2018, the Applicant submitted an amended application which indicates that 27 of the 30
previously existing units will be reconstructed on site. Under the County's affordable housing
inclusionary requirement, 8 of those units should be deed restricted as affordable units, or the
applicant can propose other methods of meeting the inclusionary housing requirement. If the
applicant rebuilds all pre- existing units as market -rate units, and provides the required affordable
units off site, then 30% of the total number of units (on site and off site) must be deed restricted
affordable units. In this case the applicant proposes to reconstruct 27 market rate units on site;
therefore, 11 affordable housing units off -site are required.
Alternative compliance options include:
• Deed restriction of existing market -rate dwelling units;
• In -lieu fees; and
• Land Donation.
The applicant has proposed to provide eight (8) affordable units, and is requesting a waiver of the
remaining three (3) affordable units required.
Pursuant to LDC Section 139- 1(b)(3), the BOCC may reduce, adjust, or waive the inclusionary
housing requirements where, based on specific findings of fact, the board concludes one of the
following:
1. Strict application of the requirements would produce a result inconsistent with the
Comprehensive Plan or the purpose and intent of this subsection;
2. Due to the nature of the proposed residential development, the development furthers
Comprehensive 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.
A petitioner for relief hereunder shall provide evidentiary and legal justification for any reduction,
adjustment or waiver of the inclusionary housing requirements.
Staff has found that the Applicant has not provided sufficient evidence or legal justification for the
proposed reduction in inclusionary housing requirements to recommend approval of the Applicant's
request.
PREVIOUS RELEVANT BOCC ACTION:
On April 19, 2006, the BOCC adopted Ordinance 017 -2006 which established the current
inclusionary housing requirements in the Land Development Code.
On March 19, 2008, the BOCC adopted Ordinance 011-2008 which amended the current
inclusionary housing requirements to allow for compliance through deed - restriction of existing
dwelling units.
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Staff recommends DENIAL based on Goal 601, Policy 601.1.9
and Policy 601.1.13 of the Comprehensive Plan, and the conclusion that the proposed redevelopment
project does not meet any of the four (4) criteria in subsection 139- 1(b)(3) that the BOCC may use to
reduce, adjust, or waive inclusionary housing requirements.
DOCUMENTATION:
Draft Resolution
Staff Report
Exhibit _I to staff report - Application_ File #2016 -030
Exhibit to staff report - LDC139 -1
FINANCIAL IMPACT:
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:
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount:
REVIEWED BY:
Mayte Santamaria
Skipped
Emily Schemper
Completed
Assistant County Administrator Christine
Hurley
05/01/2018 11:53 AM
Steve Williams
Completed
Jaclyn Carnago
Skipped
Budget and Finance
Skipped
Maria Slavik
Skipped
Kathy Peters
Completed
Board of County Commissioners
Pending
03/01/2018 6:30 AM
04/30/2018 11:00 PM
Completed
05/01/2018 4:10 PM
05/01/2018 9:46 PM
04/30/2018 10:57 PM
04/30/2018 10:57 PM
05/01/2018 9:47 PM
05/16/2018 9:00 AM
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MONROE COUNTY, FLORIDA
RESOLUTION NO. -2018
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS DENYING A REQUEST BY JOEL
REED ON BEHALF OF MARINA INN LAND, LLC FOR A
PARTIAL WAIVER TO THE INCLUSIONARY HOUSING
REQUIREMENTS, PURSUANT TO SECTION 139- 1(B)(3) OF
THE MONROE COUNTY LAND DEVELOPMENT ODE, ON
PROPERTY COMMONLY KNOWN AS M INN
CONDOMINIUM LOCATED AT 111, 121, 211, 31 1, 41 AND
421 BEACH ROAD IN OCEAN REEF LEGALLY
DESCRIBED AS UNITS 501, 502, 503, 504 5, 07, 508,
509,510,511,512,513,514,515,51 529 6 517 1 , 19,52 522,
523, 524, 525, 526, 527, 528, A MAR
CONDOMINIUM, ACCORDING T HE DECLARATIO
CONDOMINIUM THEREOF A CORD IN FICI
RECORDS BOOK 728, PAG S TH GH 458; A
AMENDED IN OFFICIAL RECORDS 59 T PAGE 9,
AS FURTHER AMENDED IN OFFICIAL RDS BOOK 1457
AT PAGE 1612 AND A MENT RECO IN OFFICIAL
RECORDS BOOK 2678, P AS AFFE NOTICE
OF QUIT CLAIM ASSIG ECL S RIGHTS
RECORDED IN OFFICIAL COR 2 8, PAGE 400,
OF THE PUB RECORDS RO TY, FLORIDA,
AND EX W REOF A THE CO OMINNM PLANS
AS RE DED ONDOM M GRAPHICS BOOK 2 OF
dwelling units ai
Ocean Reef Club
►S OF M E COUNTY, FLORIDA;
UNDIVI INTEREST IN COMMON
AID DECLARATION OF
A URTENANCE TO THE ABOVE
HAVING REAL ESTATE NUMBERS
06 00569471- 005000.
is an existing development consisting of 30 attached residential
including parking areas, driveways and docking facilities within
ucted in 1977; and
WHEREAS, t*e' Marina Inn property is located at 111, 121, 211, 311, 321, 411 and 421
Beach Road in Ocean Reef, and
WHEREAS, on May 16, 2014, a Letter of Development Rights Determination (LDRD)
(File 4 2014 -042) was issued determining that 30 permanent residential dwelling units were
lawfully established on the property and are exempt from ROGO; and
WHEREAS, the property owner is proposing to demolish the existing 30 -unit residential
development and construct a new 27 -unit market rate residential development; and
BOCC Resolution No. -2018
File 4 2016 -030 Inclusionary Housing Exemption
Page 1 of 3
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WHEREAS, Section 139- 1(b)(2)a. of the Monroe County Land Development Code (LDC)
provides inclusionary housing standards that are applicable to the development or redevelopment of
permanent residential units and would require that at least 30% of the existing units be redeveloped
as affordable housing; and
WHEREAS, LDC Section 139- 1(b)(3)c. allows any developer or property owner who
believes that they may be eligible for relief from the strict application of the inclusionary housing
requirements to petition the Board of County Commissioners for relief, and
WHEREAS, the Board of County Commissioners makes th� lowing Findings of Fact:
1. Pursuant to LDC Section 139- 1(b)(3)b., the W oflWty Commissioners may
reduce, adjust, or waive the inclusionary housing reqilLre tits; an
2. Based on LDC Section 139- 1(b)(2
existing market -rate dwelling units.
a. These units were not mobile home umt
b. The applicant would be required to p
and /or employee housing units; and
c. The applicant is proposin rovide
and receive a waiver for the ' g
3. Prior to
applicant must i
inclusionary hoi
4. The A
a. Th P c ub
the issuance of bui
tai rval of the
of
ect
The p�
employee
The 27 exi
isting aft
5. In dar
of fact, the
LDC Section 139- 1(b)(3)b., based on the above specific findings
v Commissioners concludes that:
1. Strict a4lication of the requirements would not produce a result inconsistent with
the plan or the purpose and intent of subsection 139 -1(b);
2. Due to the nature of the proposed residential development, the development does not
further Comprehensive Plan policies and the purpose and intent of subsection 139 -
1(b) through means other than strict compliance with the requirements set forth
herein;
3. The developer or property owner has not demonstrated an absence of any reasonable
relationship between the impact of the proposed residential development and
requirements of subsection 139 -1(b); and
BOCC Resolution No. -2018
File 4 2016 -030 Inclusionary Housing Exemption
t
following
e applicant is propos redevelop 27
S,
rov en ( 1) deed - restricted affordable
eight (8)W required (11) affordable units
three (3) reqllogjkordable units.
ection 13�F(b).
osed redevelopment, the
trate compliance with the
conditions /circumstances:
ele
m association consisting of 30 dwelling units
;and
L rede meat W isanticipated to increase the need for affordable or
nits were not and are not serving as mobile homes or as
stock.
Page 2 of 3
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Law:
4. The strict application with the requirements set forth in subsection 139 -1(b) would
not 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
1. The applicant does not meets criteria 1, 2, 3, and /or 4 as outlined in LDC Section
139- 1(b)(3)b.; and 'A�
2. Based on the Findings of Fact, the Board of County
that the applicant is not eligible for relief from the y housing requirements.
NOW THEREFORE, BE IT RESOL
COMMISSIONERS OF MONROE COUNTY, Fl
Section 1. The request by Joel Reed, on befi
waiver to the County's inclusionary housing requirery
Monroe County Land Development Code, is DENIED.
PASSED AND ADOPTED by the
Florida at a regular meeting held on the 16
Mayor David Rice
Mayor Pro Tem S
Commissioner
Commissio
Commissioner Ge
ATTEST: KEVIN MADOK, CLERK
COUNTY
F'for a partial
1(b)(3) of the
of Monroe County,
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor David Rice
Deputy Clerk
BOCC Resolution No. -2018
File 4 2016 -030 Inclusionary Housing Exemption
iiss7oners has determined
ation of the inclusionary
Page 3 of 3
MEMORANDUM
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
To: Monroe County Board of County Commissioners
Through: Emily Schemper, AICP, CFM, Acting Senior Director of Planning &
Environmental Resources
From: Cheryl Cioffari, AICP, Principal Planner
Date: April 30, 2018
Subject: A request by Joel Reed on behalf of Marina Inn Land, LLC for a partial waiver to
the County's inclusionary housing requirements, pursuant to Section 139- 1(b)(3)
of the Monroe County Land Development Code, on property commonly known as
Marina Inn Condominium located at 111, 121, 211, 311, 321, 411 and 421 Beach
Road in Ocean Reef having Real Estate Numbers from 00569471- 000200 to
00569471- 005000. (File 2016 -030)
Meeting: May 16, 2018
1 L REQUEST
2 Joel Reed, on behalf of the property owner Marina Inn Land, LLC, (the Applicant), is
3 requesting a partial waiver to the County's inclusionary housing requirements, pursuant to
4 Section 139- 1(b)(3) of the Monroe County Land Development Code, on property commonly
5 known as Marina Inn Condominium located at 111, 121, 211, 311, 321, 411 and 421 Beach
6 Road in Ocean Reef. The requested approval is associated with the proposed redevelopment
7 of the existing 30 attached residential dwelling units on the property. The Applicant is
8 proposing to re -build 27 market rate dwelling units on the site (rather than 30).
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Subject Propertv (center) overlaid with Land Use District (Zoning) Map, 2015 Aerial
II. BACKGROUND INFORMATION
BOCC Staff Report 5/16/18
File 4 2016 -030 Inclusionary Housing Exemption
Page 1 of 8
I Applicant:
2 Property Owner /Applicant: Marina Inn Land, LLC
3 Agent: Joel Reed; RC3World, Inc.
4 Location:
5 Address 111, 121, 211, 311, 321, 411 & 421 Beach Road, Ocean Reef
6 Legal Description: Units 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513,
7 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529 and 530 in
8 Marina Inn Condominium, according to the Declaration of Condominium thereof as recorded
9 in Official Records Book 728, Pages 383 through 458; as amended in Official Records Book
10 759 at Page 95, as further amended in Official Records Book 1457 at Page 1612 and
11 Amendment recorded in Official Records Book 2678, Page 801, as affected by Notice of
12 Quit Claim Assignment of Declarant's Rights recorded in Official Records Book 2668, Page
13 400, of the Public Records of Monroe County, Florida, and exhibits thereof and the
14 Condominium Plans as recorded in Condominium Graphics Book 2, of the Public Records of
15 Monroe County, Florida; together with the undivided interest in common property described
16 in said Declaration of Condominium to be an appurtenance to the above described units
17 Real Estate Numbers: Real Estate Numbers from 00569471- 000200 to 00569471- 005000
18 Size of Site: 125,057 square feet / 2.87 acres of upland according to a survey by Longitude
19 Surveyors, LLC revised on September 24, 2015
20 Land Use Map (Zoning) District: Urban Residential (UR) and Suburban Commercial (SC)
21 Future Land Use Map (FLUM) Designation: Residential High (RH) and Mixed
22 Use /Commercial (MC)
23 Tier Designation: None
24 Flood Zone: AE -9
25 Existing Uses: Attached residential dwelling units, accessory uses including parking areas,
26 docking facilities and driveways.
27 Existing Vegetation / Habitat: Scarified /developed land, adjacent to manmade canals.
28 Community Character of Immediate Vicinity: Uses within 300 feet include single - family
29 residences, residential condominiums, mixed use (residential and commercial) properties,
30 Carysfort Grille, tennis courts, a marina and various common areas of Ocean Reef Club.
31
32 III. RELEVANT PRIOR COUNTY ACTIONS
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34 ■ The Marina Inn buildings were originally developed through County Building Permit 4
35 C2793 issued in June 1977. Certificates of Occupancy were issued in November 1977.
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37 ■ On May 16, 2014, a Letter of Development Rights Determination (LDRD) (File 4 2014 -042)
38 was issued determining that 30 permanent residential dwelling units were lawfully
39 established on the property and are exempt from ROGO.
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41 ■ On June 24, 2014, a Letter of Understanding (File 4 2014 -072) was issued outlined the
42 applicable portions of the County Comprehensive Plan and Land Development Code
43 regarding the proposed demolition of the existing 30 -unit development and construction of a
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BOCC Staff Report 5/16/2018
File 4 2016 -030 Inclusionary Housing Exemption Page 2 of 8
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new 30 -unit development, consisting of a single 3 -story building, new parking areas,
modified docking facilities and other site improvements. In the LOU, staff informed the
property owner and their consultant about the proposed redevelopment of residential
dwelling units being subject to the County's inclusionary housing requirements. In this case,
nine (9) of the 30 existing dwelling units would be required to be deed - restricted affordable
housing.
■ On February 12, 2016, the agent submitted a request (File 4 2016 -024) to amend the prior
LOU based on revised plans with a smaller building footprint.
■ On October 7, 2016, the County issued a Letter of Development Rights Determination (File 4
2016 -031) for nonresidential floor area on the ground floor of the existing Marina Inn
building.
■ On February 19, 2016, the agent submitted the subject Inclusionary Housing Exemption
Request, which originally asked that all inclusionary requirements for the redevelopment of
the 30 -unit Marina Inn Condominium be waived. On February 21, 2018, the Applicant
amended the request to ask for a waiver for 3 of the required 11 affordable units. On April
18, 2018, the Applicant submitted updated backup data and analysis.
■ The agent and property owner have submitted several building permit applications to the
County related to the proposed redevelopment, some of which cannot be approved or issued
until the inclusionary housing requirements have been satisfied or an exemption or waiver is
approved by the Board of County Commissioners (BOCC).
IV. ANALYSIS OF REQUESTED EXEMPTION/WAIVER
Pursuant to Section 139- 1(b)(2) of the Monroe County Land Development Code (LDC), the
proposed redevelopment of 27 existing residential dwelling units is subject to the
inclusionary housing requirements. Pursuant to LDC Section 139- 1(b)(2)a., residential
developments, other than mobile home or mobile home spaces covered by LDC Section 139 -
1(b)(2)b., that result in the development or redevelopment of three (3) or more dwelling units
on a parcel or contiguous parcels shall be required to develop or redevelop at least 30% of
the residential units as affordable housing units unless a waiver is granted by the BOCC.
The Applicant is requesting a partial waiver to LDC Section 139 -1(b). As indicated in the
amended application submitted on February 21, 2018, and through a letter dated April 18,
2018 (as shown in Exhibit 1), the Applicant indicated that the project is proposed to be
redeveloped with 27 of the original 30 residential dwelling units. Furthermore, the Applicant
has proposed to partially comply with LDC Section 139- 1(b)(2)a. by providing eight (8)
affordable dwelling units off -site (27 units X 0.30 = 8.1 affordable units) to fulfill the
inclusionary housing requirement. In cases where all redeveloped units on site are maintained
as market rate units, and the required affordable units are provided off site, the Code requires
the applicant to provide 30% of the total number of units as affordable. Therefore, pursuant
to LDC Section 139- 1(b)(4), in order to maintain a 70 %/30% ratio of market rate units to
affordable units, a total of eleven affordable dwelling units off -site are required (27 market
BOCC Staff Report 5/16/2018
File 4 2016 -030 Inclusionary Housing Exemption
Page 3 of 8
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rate units / 11 affordable units = 70% market rate units / 30% affordable units). The
Applicant is proposing to provide 8 affordable units off-site, and has requested the
BOCC waive the remaining three (3) units required by the LDC.
Pursuant to LDC Section 139-1(b)(3), the BOCC may reduce, adjust or waive the
requirements set forth in LDC Section 139-1(b) where, based on specific findings of fact, the
BOCC concludes, with respect to any developer or property owner, that:
1. Strict application of the requirements would produce a result inconsistent with the
Comprehensive Plan or the purpose and intent of this subsection;
Applicant:
Response: We believe that by the strict application of this section of the code to this project
ect
does riot meet the purpose of this subsection of the Monroe County Code. The purpose
below as outlined in Section 139-1(b)(1) is expressly geared towards making sure that
affordable housing is not exacerbated by NEW residential development and redevelopment
of existing affordable housing stock. Our project does not fit either criteria. It is not
ot
0 1: not
considered new residential development and nev r served as affordable lousing cons] residential e I stock, but
rather is redevelopment of an existing 30 unit market rate residential condominium that did
not serve as affordable housing stock.
Section 13,9 indusionai�, Housmq Requirements, Purpose and Intent
"The purpose of this subsection (b), consistent with Coal 601 of the Comprehensive Plan, is
to ensure that the need for affordable housing is riot exacerbated by new residentiai
deve!oprnent and redevelopment of existing of ordob!e housing stock. The intent of this
subsection is to protect the existing affordable housing stock to permit owner of
mobile homes and mobile home spaces to continue established mobile home uses
consistent with the current building and safety standards and requLitions and to ensure
that, as rasidenti,-1 development, redevelopment and mobile home conversions occur
Comprehensive Plan policies regarding affordable housing araimpiemented.'
GOAL 601
Monroe Countysha;) adopt piograms and pulicies to facilitate access by iesidents to
'9dE- 13 ;' crecent and s'tructural(ysoLfnd ; and ffiat
, -quate and aff ord b)e h ausing ffiat is s f ,
meets the needs of the pc' puiation ba'sed on type, tenure Charicteristics, anit size 1 nd
in L F.
I :iividua� preferences. ('S, §' 163-3777(6)('f)% I)
Objective 601,3
Monroe County shall continue implementation efforts to e-limfnate substandard h ous) . r�g
and to preserve, consenle and enhance the existing housing, stock, mciuding historic
structures and sites. IFS, § 163.3177(6)( -3.1
Goal 601 and Objective 601.3 of the Comprehensive plan speak to the County adopting
programs and policies to facilitate access by residents to affordable housing. Our project
furthers these goals by providing 8 additional affordable housing units.
BOCC Staff Report 5/16/2018
File 4 2016-030 Inclusionary Housing Exemption
Page 4 of 8
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Staff: Strict application of the inclusionary housing requirements to the proposed
redevelopment of 27 attached market rate residential dwelling units would not produce a
result inconsistent with the Comprehensive Plan or the purpose and intent of LDC
Section 139- 1(b)(1). Staff agrees that the 27 existing dwelling units were not and are not
serving as mobile homes or as existing affordable housing stock. However, the
Applicant's assertion only responds to one aspect of the purpose and intent as established
in LDC Section 139- 1(b)(1). The purpose of the inclusionary housing subsection 139 -
1(b), 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 inclusionary housing is three -fold: 1) to protect existing affordable housing
stock; 2) 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 3) to ensure that as residential development, redevelopment and mobile
home conversions occur, Comprehensive Plan policies regarding affordable housing are
implemented.
Furthermore, Goal 601, Policy 601.1.9 and Policy 601.1.13 of the Comprehensive Plan
require the County to: "facilitate access by residents to adequate and affordable housing;"
"maintain land development regulations... to encourage affordable housing;" and
"maintain land development regulations on inclusionary housing."
Goal 601: Monroe County shall adopt programs and policies to facilitate access by
residents to adequate and affordable housing that is safe, decent, and structurally sound,
and that meets the needs of the population based on type, tenure characteristics, unit size
and individual preferences. [F.S. § 163.3177(6)(f)l., 3.]
Policy 601.1.9: Monroe County shall maintain land development regulations which may
include density bonuses, impact fee waiver programs, and other possible regulations to
encourage affordable housing.
Policy 601.1.13: Monroe County shall maintain land development regulations on
inclusionary housing and shall evaluate expanding the inclusionary housing requirements
to include or address nonresidential and transient development and redevelopment based
on specific data and analysis.
The Applicant proposes partial compliance by constructing 27 market -rate residential
dwelling units on -site and providing eight (8) affordable dwelling units off -site, rather
than the required 11. The Applicant is proposing to provide approximately 22.8% rather
than the required 30% inclusionary housing.
2. Due to the nature of the proposed residential development, the development furthers
Comprehensive Plan policies and the purpose and intent of this subsection through
means other than strict compliance with the requirements set forth therein;
BOCC Staff Report 5/16/2018
File 4 2016 -030 Inclusionary Housing Exemption
Page 5 of 8
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Applicant:
Response: This project as part of the Ocean Beef Club community furthers plan
Cornprehensrve Plan: Policies and the purpose and intent of this subsection through: the
following:
1. Ocean Reef club currently provides housing for over 350 Persons. [ocean Reef Club
provides affordable housing for the ernployrees of the club through staff housing options
onsite at Ocean Reef club.
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. The number of units at Ocean Reef Club has been long established along with the rights
to re- build these units. The only developmentthat is taping place is the redevelopment of
exiting units. There is no new development in Ocean Reef beyond the number of
residential units that has been established and either built or vested_. Therefore, there is
no additional impacts and pressures for affordable housing then existed at the time of
initial development.
Staff: As stated for item 1, previously, Goal 601, Policy 601.1.9 and Policy 601.1.13 of
the Comprehensive Plan require the County to: "facilitate access by residents to adequate
and affordable housing;" "maintain land development regulations... to encourage
affordable housing;" and "maintain land development regulations on inclusionary
housing." The nature of the proposed redevelopment of 27 existing residential dwelling
units does not hinder the Comprehensive Plan policies and the purpose and intent of LDC
Section 139 -1(b). Staff acknowledges that the existing dwelling units are not mobile
homes and are not serving as existing affordable housing stock. The Applicant asserts
that Ocean Reef Club currently provides employee /affordable housing onsite for over 350
persons. However, the Applicant fails to demonstrate how the proposal to provide eight
(8) rather than the required 11 affordable dwelling units furthers Comprehensive Plan
policies and the purpose and intent of LDC Section 139 -1(b). Specifically, LDC Section
139- 1(b)(1) requires that as residential redevelopment occurs, 30% of the total number of
units are redeveloped as affordable housing. The Applicant has not provided specific data
or evidence that supports the claim that affordable housing needs are provided by
alternative means.
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; or
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I Applicant:
Response: There is no reasonable relationship between the project and the impacts of the
proposers residential development and the requirements of this subsection.
Replacing 2) None of the existing 30 market rate residential units served as affordable housing.
of - 3G market rate residential does not
exacerbate the need for affordable housing units in fact it lowers it by the virtue of less
market rate units being redeveloped., s does s a -stock
that was being used as affordable housing.
3) This • r providing s a` additional aff• .. • °
housing through mitigation.
3. Ocean Reef Club .. vides affs r housing for over
350 employees of - club through staff housing
options onsite at Ocean Reef club.
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Staff: The Applicant asserts that there is no reasonable relationship between the impact
of the proposed residential redevelopment and requirements of LDC Section 139 -1(b).
Staff agrees that the 27 dwelling units were not and are not serving as existing affordable
housing stock. However, LDC Section 139- 1(b)(2) requires that as residential properties
are redeveloped, Comprehensive Plan policies regarding affordable housing are
implemented, and specifically states that residential developments that result in the
redevelopment of three or more dwelling units shall be required to redevelop at least 30
percent of the residential units as affordable housing units. The Applicant has proposed to
provide eight (8) of the eleven (11) required deed - restricted affordable housing units.
The Applicant asserts that the reduction of existing market -rate housing redeveloped on
the site from 30 units to 27 units does not exacerbate the need for affordable housing;
rather, the demand is decreased. Furthermore, the Applicant states that the location of
Ocean Reef club allows affordable housing needs to be met by populations that live in
Miami -Dade County. Access from Miami -Dade is facilitated by a dedicated bus line.
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However, the Applicant has not provided specific data to prove or disprove this claim,
and has not provided evidence to show that the construction work created by the
redevelopment project will not generate additional need for affordable 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.
Applicant: No response.
Staff: The developer and property owner do not claim, nor have they demonstrated, that
the strict application of the inclusionary housing requirements would improperly deprive
or deny the developer or property owner of constitutional or statutory rights.
Pursuant to LDC Section 139- 1(b)(3)c., any developer or property owner who believes that
they may be eligible for relief from the strict application of LDC Section 139 -1(b) may
petition the BOCC for relief under LDC Section 139- 1(b)(3). Any petitioner for relief
hereunder shall provide evidentiary and legal justification for any reduction, adjustment or
waiver of any requirements under LDC Section 139 -1(b).
In addition, the property owner may seek alternative compliance pursuant to LDC Section
139- 1(b)(4) or linkage of projects pursuant to LDC Section 139 -1(c). An excerpt of LDC
Section 139 -1 is attached as Exhibit 2.
V. RECOMMENDATION
Based on Goal 601, Policy 601.1.9 and Policy 601.1.13 of the Comprehensive Plan, and the
conclusion that the proposed redevelopment project does not meet any of the four (4) criteria
in subsection 139- 1(b)(3) that the BOCC may use to reduce, adjust, or waive inclusionary
housing requirements for waivers, staff recommends DENIAL to the Board of County
Commissioners of the request for a partial waiver to the County's inclusionary housing
requirements, pursuant to Section 139- 1(b)(3) of the Monroe County Land Development
Code, for the proposed Marina Inn redevelopment project.
VL EXHIBITS
1. Application and updated backup and analysis (File 4 2016 -030)
2. LDC Section 139 -1(b) and 139 -1(c)
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Monroe County Comprehensive Plan Update
(b) Inclusionary housing requirements.
(1) Purpose and intent. The purpose of this subsection (b), consistent with Goal 601 of
the Comprehensive 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, Comprehensive 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.
C 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
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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.
(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.
b. The BOCC 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 Comprehensive Plan or the purpose and intent of this subsection;
2. Due to the nature of the proposed residential development, the
development furthers Comprehensive 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.
C Any developer or property owner who believes that he may be eligible for relief
from the strict application of this section may petition the BOCC 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.
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a. 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.)
b. 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 139 -1(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.
C Land donation. Upon the acceptance of the BOCC 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- for - profit
organization approved by the board, one IS or URM lot for each unit required
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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.
(5) Applicable standards.
a. Incentives. All incentives and bonuses provided by the land development and
other regulations for the construction of affordable housing shall be available to
builders of affordable housing provided pursuant to this subsection (b)
including, but not limited to, density and floor area ratio bonuses, residential
ROGO allocation set asides and points, and impact fee waivers.
b. Developer financial responsibility.
L If a developer does not elect to meet the requirements of subsection (b)(2)
of this section through alterative compliance as set forth in subsection
(b)(4) of this section, or obtain approval for an adjustment to, a partial
exemption from or a waiver of strict compliance pursuant to subsection
(b)(3) of this section, the developer must post a bond equivalent to 110
percent of the in -lieu fees that otherwise would have been required
through the in -lieu alternate compliance option prior to the issuance of a
building permit for any market rate units. The county shall retain any bond
money or guaranties in escrow until the affordable housing is completed,
or for a period of three years, whichever comes first. Upon the issuance of
certificates of occupancy for the affordable housing units, the county shall
release to the developer any bonds or guaranties relating to the portion of
the inclusionary housing requirement satisfied. If the developer has not
satisfied the requirements of this section by completing the required
affordable housing units within three years, all or the corresponding
portion of the bond funds shall be forfeited to the affordable housing trust
fund.
2. If the applicant elects to pursue alternative compliance as set forth in
subsection (b)(4) of this section, any in -lieu fees must be paid or parcels
donated prior to the issuance of a building permit for any market rate unit.
C Standards. Affordable housing provided pursuant to subsection (b)(2) of this
section shall comply with the standards set forth below and applications for
development projects subject to these requirements and developers and property
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owners shall provide to the county information and necessary legal assurances
to demonstrate current and continued compliance with these provisions,
consistent with the applicable enforcement mechanisms set forth in subsection
(f) of this section, as amended or supplemented from time to time. The county
may institute any appropriate legal action necessary to ensure compliance with
this subsection.
1. Affordable housing units required pursuant to subsection (b)(2) of this
section are restricted to sales prices and annual rental amounts for
households that shall not exceed the adjusted gross annual income limits
for moderate - income owner - occupied or rental housing, as defined in
Section 101 -1;
2. Affordable housing units may be sold or rented only to persons whose
total household income does not exceed the adjusted gross annual income
limits for moderate - income as defined in Section 101 -1;
3. Except as specifically provided otherwise herein, affordable housing
dwelling units are restricted for a period of 99 years to households that
meet the requirements of subsection (b)(5)c.2. of this section;
4. Affordable housing units provided pursuant to subsection (b)(2) of this
section may be provided on -site, off -site or through linkage with another
off -site project as provided in subsection (c) of this section;
5. Affordable housing units may not be used for tourist housing or vacation
rental use;
6. Each affordable unit provided pursuant to subsection (b)(2) of this section
shall contain a minimum of 400 square feet of habitable floor area and the
average enclosed habitable floor area of all units so provided shall be at
least 700 square feet;
7. Each affordable unit provided pursuant to subsection (b)(2) shall contain a
minimum of 400 square feet of habitable floor area; and during occupancy
of any affordable housing rental unit, not otherwise limited by state or
federal statute or rule concerning household income, a lessee household's
annual income may increase to an amount not to exceed 140 percent of the
median household income for the county, to be annually verified. If the
income of the lessee household exceeds this amount, the occupancy shall
terminate at the end of the existing lease term. The maximum lease for any
term shall be three years or 36 months;
8. When determining eligibility criteria, the county shall assume family size
as indicated in the table set forth in subsection (a)(6)i. of this section. That
table shall not be used to establish the maximum number of individuals
who actually live in the unit, but shall be used in conjunction with the
eligibility requirements created by the definition of "affordable housing"
in Section 101 -1;
9. The income of eligible households shall be determined by counting only
the first and highest paid 40 hours of employment per week of each
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unrelated adult. For a household containing adults related by marriage or a
domestic partnership registered with the county, only the highest 60 hours
of the combined employment hours shall be counted, which shall be
considered to be 75 percent of the adjusted gross income. The income of
dependents regardless of age shall not be counted in calculating a
household's income; and
10. The county will not issue certificates of occupancy for market rate units
associated with development or redevelopment projects subject to the
provisions of this subsection (b) unless and until certificates of occupancy
have been issued for required affordable housing units, lot donations are
complete, or in -lieu fees have been paid as provided herein.
(6) Monitoring and review.
The requirements of this subsection (b) shall be monitored to ensure effective and
equitable application. Every two years following the effective date of the ordinance
from which this section is derived, the planning director shall provide to the BOCC a
report describing the impact of this subsection on the provision of affordable housing
and other market or socioeconomic conditions influencing or being influenced by
these requirements. Issues such as affordability thresholds, inclusionary requirements,
and the impacts of these provisions on the affordable housing inventory and housing
needs in the county shall be addressed, in addition to other matters deemed relevant
by the director.
(c) Linkage of projects.
Two or more development projects that are required to provide affordable housing may be linked
to allow the affordable housing requirement of one development project to be built at the site of
another project, so long as the affordable housing requirement of the latter development is
fulfilled as well. The project containing the affordable units must be built either before or
simultaneously with the project without, or with fewer than, the required affordable units.
Sequencing of construction of the affordable component of linked projects may be the subject of
the planning department or the planning commission's approval of a project. In addition, if a
developer builds more than the required number of affordable units at a development site, this
development project may be linked with a subsequent development project to allow compliance
with the subsequent development's affordable unit requirement. The linkage must be supplied by
the developer to the planning commission at the time of the subsequent development's
conditional use approval. Finally, all linkages under this subsection may occur between sites
within the county and in the cities of Key West, Marathon and Islamorada, subject to an
interlocal agreement, where appropriate; however, linkage must occur within the same
geographic planning area, i.e., lower middle and upper keys. All linkages must be approved via a
covenant running in favor of the county, and if the linkage project lies within a city, also in favor
of that city. The covenant shall be placed upon two or more projects linked, stating how the
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requirements for affordable housing are met for each project. The covenant shall be approved by
the BOCC and, if applicable, the participating municipality.
(d) Affordable housing trust fund.
The affordable housing trust fund (referred to as the "trust fund ") is established. The trust fund
shall be maintained with funds earmarked for the purposes of furthering affordable housing
initiatives in municipalities and unincorporated areas of the county. Monies deposited into the
trust fund shall not be commingled with general operating funds of the county. The trust fund
shall be used only for the following:
(1) Financial aid to developers as project grants for affordable housing construction;
(2) Financial aid to homebuyers as mortgage assistance, including, but not limited to,
loans or grants for down payment assistance;
(3) Financial incentives for the conversion of transient units to affordable residential
units;
(4) Direct investment in or leveraging housing affordability through site acquisition,
housing development and housing conservation; or
(5) Other affordable housing purposes as may be established by resolution of the BOCC,
which shall act as trustees for the fund. The BOCC may enter into agreements or
make grants relating to the use of trust funds with or to the county housing authority
or other local government land or housing departments or agencies, a qualified
community housing development organization or nonprofit or for -profit developer of
affordable or employee housing, or a municipality within the county.
(e) Community housing development organization.
The BOCC may establish a nonprofit community housing development organization (CHDO),
pursuant to federal regulations governing such organizations, to serve as developer of affordable
housing units on county -owned property, including or located in the municipalities of the county,
upon interlocal agreement. In such event, the county may delegate to the community housing
development organization all or partial administration of the affordable housing trust fund.
(f) Administration and compliance.
(1) Before any building permit may be issued for any structure, portion or phase of a
project subject to this section, a restrictive covenant shall be approved by the
Assistant County Administrator and county attorney and recorded in the office of the
clerk of the county to ensure compliance with the provision of this section running in
favor of the county and enforceable by the county and, if applicable, a participating
municipality. The following requirements shall apply to these restrictive covenants:
a. The covenants for any affordable or employee housing units shall be effective
for a period of at least 99 years.
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