HomeMy WebLinkAboutResolution 152-2018 1 MONROE COUNTY, FLORIDA
2 RESOLUTION NO. 152 -2018
3
4 A RESOLUTION BY THE MONROE COUNTY BOARD OF
5 COUNTY COMMISSIONERS DENYING A REQUEST BY JOEL
6 REED ON BEHALF OF MARINA INN LAND, LLC FOR A
7 PARTIAL WAIVER TO THE INCLUSIONARY HOUSING
8 REQUIREMENTS, PURSUANT TO SECTION 139- 1(B)(3) OF
9 THE MONROE COUNTY LAND DEVELOPMENT CODE, ON
10 PROPERTY COMMONLY KNOWN AS MARINA INN
11 CONDOMINIUM LOCATED AT 111, 121, 211, 311, 321, 411 AND
12 421 BEACH ROAD IN OCEAN REEF AND LEGALLY
13 DESCRIBED AS UNITS 501, 502, 503, 504, 505, 506, 507, 508,
14 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522,
15 523, 524, 525, 526, 527, 528, 529 AND 530 IN MARINA INN
16 CONDOMINIUM, ACCORDING TO THE DECLARATION OF
17 CONDOMINIUM THEREOF AS RECORDED IN OFFICIAL
18 RECORDS BOOK 728, PAGES 383 THROUGH 458; AS
19 AMENDED IN OFFICIAL RECORDS BOOK 759 AT PAGE 95,
20 AS FURTHER AMENDED IN OFFICIAL RECORDS BOOK 1457
21 AT PAGE 1612 AND AMENDMENT RECORDED IN OFFICIAL
22 RECORDS BOOK 2678, PAGE 801, AS AFFECTED BY NOTICE
23 OF QUIT CLAIM ASSIGNMENT OF DECLARANT'S RIGHTS
24 RECORDED IN OFFICIAL RECORDS BOOK 2668, PAGE 400,
25 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA,
26 AND EXHIBITS THEREOF AND THE CONDOMINIUM PLANS
27 AS RECORDED IN CONDOMINIUM GRAPHICS BOOK 2, OF
28 THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA;
29 TOGETHER WITH THE UNDIVIDED INTEREST IN COMMON
30 PROPERTY DESCRIBED IN SAID DECLARATION OF
31 CONDOMINIUM TO BE AN APPURTENANCE TO THE ABOVE
32 DESCRIBED UNITS; HAVING REAL ESTATE NUMBERS
33 FROM 00569471- 000200 TO 00569471- 005000.
34
35
36 WHEREAS, Marina Inn is an existing development consisting of 30 attached residential
37 dwelling units and has amenities including parking areas, driveways and docking facilities within
38 Ocean Reef Club originally constructed in 1977; and
39
40 WHEREAS, the Marina Inn property is located at 111, 121, 211, 311, 321, 411 and 421
41 Beach Road in Ocean Reef; and
42
43 WHEREAS, on May 16, 2014, a Letter of Development Rights Determination (LDRD)
44 (File # 2014 -042) was issued determining that 30 permanent residential dwelling units were
45 lawfully established on the property and are exempt from ROGO; and
46
47 WHEREAS, the property owner is proposing to demolish the existing 30 -unit residential
48 development and construct a new 27 -unit market rate residential development; and
BOCC Resolution No. 152 -2018
File # 2016 -030 Inclusionary Housing Exemption Page 1 of 3
1
2 WHEREAS, Section 139- 1(b)(2)a. of the Monroe County Land Development Code (LDC)
3 provides inclusionary housing standards that are applicable to the development or redevelopment of
4 permanent residential units and would require that at least 30% of the existing units be redeveloped
5 as affordable housing; and
6
7 WHEREAS, LDC Section 139- 1(b)(3)c. allows any developer or property owner who
8 believes that they may be eligible for relief from the strict application of the inclusionary housing
9 requirements to petition the Board of County Commissioners for relief; and
10
11 WHEREAS, the Board of County Commissioners makes the following Findings of Fact:
12
13 1. Pursuant to LDC Section 139- 1(b)(3)b., the Board of County Commissioners may
14 reduce, adjust, or waive the inclusionary housing requirements; and
15
16 2. Based on LDC Section 139- 1(b)(2)a., the applicant is proposing to redevelop 27
17 existing market -rate dwelling units.
18 a. These units were not mobile home units; and
19 b. The applicant would be required to provide eleven (11) deed - restricted affordable
20 and/or employee housing units; and
21 c. The applicant is proposing to provide eight (8) of the required (11) affordable units
22 and receive a waiver for the remaining three (3) required affordable units.
23
24 3. Prior to the issuance of building permits for the proposed redevelopment, the
25 applicant must obtain approval of the requested waiver or demonstrate compliance with the
26 inclusionary housing requirements of LDC Section 139 -1(b).
27
28 4. The development has the following unique conditions /circumstances:
29
30 a. The subject property is a condominium association consisting of 30 dwelling units
31 and common elements; and
32 b. The proposed redevelopment is anticipated to increase the need for affordable or
33 employee housing; and
34 c. The 27 existing dwelling units were not and are not serving as mobile homes or as
35 existing affordable housing stock.
36
37 5. In accordance with LDC Section 139- 1(b)(3)b., based on the above specific findings
38 of fact, the Board of County Commissioners concludes that:
39
40 1. Strict application of the requirements would not produce a result inconsistent with
41 the plan or the purpose and intent of subsection 139 -1(b);
42 2. Due to the nature of the proposed residential development, the development does not
43 further Comprehensive Plan policies and the purpose and intent of subsection 139-
44 1(b) through means other than strict compliance with the requirements set forth
45 herein;
46 3. The developer or property owner has not demonstrated an absence of any reasonable
47 relationship between the impact of the proposed residential development and
48 requirements of subsection 139 -1(b); and
BOCC Resolution No. 152 -2018
File # 2016 -030 Inclusionary Housing Exemption Page 2 of 3
1 4. The strict application with the requirements set forth in subsection 139 -1(b) would
2 not improperly deprive or deny the developer or property owner of constitutional or
3 statutory rights.
4
5 WHEREAS, the Board of County Commissioners makes the following Conclusions of
6 Law:
7
8 1. The applicant does not meets criteria 1, 2, 3, and /or 4 as outlined in LDC Section
9 139- 1(b)(3)b.; and
10
11 2. Based on the Findings of Fact, the Board of County Commissioners has determined
12 that the applicant is not eligible for relief from the strict application of the inclusionary
13 housing requirements.
14
15 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
16 COMMISSIONERS OF MONROE COUNTY, FLORIDA;
17
18 Section 1. The request by Joel Reed, on behalf of Marina Inn Land, LLC, for a partial
19 waiver to the County's inclusionary housing requirements, pursuant to Section 139- 1(b)(3) of the
20 Monroe County Land Development Code, is DENIED.
2
22 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
23 Florida at a regular meeting held on the 16 day of May, 2018.
24
25 Mayor David Rice Yes
26 Mayor Pro Tem Sylvia J. Murphy No
27 Commissioner Heather Carruthers Yes
28 Commissioner Danny L. Kolhage Yes
29 Commissioner George Neugent Yes
30.E U-
31_
32 u.w o � = BOARD OF COUNTY COMMISSIONERS
33 coo OF MONROE COUNTY, FLORIDA
34 CD —
35
36 LL
BY
l; � Mayor David Rice
a VIN MADOK, CLERK fr y ...,
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4 Y0Q* r ' J / / �
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44
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45 Deputy Clerk
BOCC Resolution No. 152 -2018
File # 2016 -030 Inclusionary Housing Exemption Page 3 of 3