Item I09lrl
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BOARD OF COUNTY COMMISSIONERS
Mayor David Rice, District 4
Mayor Pro Tem Sylvia J. Murphy, District 5
IleOI1da Keys
m
Danny L. Kolhage, District I
George Neugenf District 2
Heather Carruthers, District 3
County Commission Meeting
October 17, 2018
Agenda Item Number: I.9
Agenda Item Summary #4788
BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper (305) 289 -2506
n/a
AGENDA ITEM WORDING: Approval of a resolution to reserve fifty -seven (57) total affordable
ROGO allocations consisting of twenty -six (26) low income and thirty-one (31) moderate income
affordable ROGO allocations pursuant to Monroe County Code Section 138- 24(b)(2) for a 57 -unit
affordable housing development in Rockland Key located adjacent to Calle Dos, at approximately
mile marker 9 on US 1, until September 18, 2020.
ITEM BACKGROUND:
Rockland Operations LLC and Rockland Recycling Center Inc. (Rockland) are requesting the
reservation of fifty -seven (57) total affordable ROGO allocations consisting of twenty -six (26) low
income and thirty-one (3 1) moderate income affordable ROGO allocations pursuant to Monroe
County Code Section 138- 24(b)(2).
Rockland is proposing to develop the site in Rockland Key (located adjacent to Calle Dos, at
approximately mile marker 9 on US 1) with fifty -seven (57) affordable employee housing units. The
reserved ROGO allocations are necessary for the development of 57 affordable housing dwelling
units for the submission of a Low Income Housing Tax Credit ( "LIHTC ") application. As part of the
LIHTC application, Florida Housing Finance Corporation ( "FHFC ") requires the applicant to have
obtained the necessary ROGOs and for Monroe County to execute a verification that verifies that the
applicant has obtained the necessary ROGOs.
The subject property is outlined in yellow; the area proposed for the affordable housing is circled in
red.
1.9
Rockland received a Letter of Understanding (LOU) confirming that the proposed affordable
housing on the subject property is a permitted use that meets the density standards for the Industrial
(I) zoning district (attached). In order to move forward with the proposed development, Rockland
would be required to obtain all necessary development approvals from Monroe County and all
applicable agencies.
Relevant Land Development Code Section:
Monroe County Code Section 138 -24(b) Reservation of affordable housing allocations.
Notwithstanding the provisions of Section 138 -26 for awarding of affordable housing allocations, the
BOCC may reserve by resolution some or all of the available affordable housing allocations for award to
certain sponsoring agencies or specific housing programs consistent with all other requirements of this
chapter. Building permits for these reserved allocations shall be picked up within six months of the
effective reservation date, unless otherwise authorized by the BOCC in its resolution. The BOCC may, at
its discretion, place conditions on any reservation as it deems appropriate. These reservations may be
authorized by the BOCC for:
(1) The county housing authority, nonprofit community development organizations, pursuant to
Section 139 -1(e), and other public entities established to provide affordable housing by entering into
a memorandum of understanding with one or more of these agencies;
(2) Specific affordable or employee housing projects participating in a federal /state housing
financial assistance or tax credit program or receivin s� form of direct financial assistance from
the county upon written request from the project sponsor and approved by resolution of the BOCC;
(3) Specific affordable or employee housing projects sponsored by nongovernmental not - for - profit
organizations above upon written request from the project sponsor and approved by resolution of the
BOCC;
Packet Pg. 2229
(4) Specific affordable or employee housing programs sponsored by the county pursuant to
procedures and guidelines as may be established from time to time by the BOCC;
(5) Specific affordable or employee housing projects by any entity, organization, or person,
contingent upon transfer of ownership of the underlying land for the affordable housing project to the
county, a not - for - profit community development organization, or any other entity approved by the
BOCC, upon written request from the project sponsor and approved by resolution of the BOCC; or
(6) Rental employee housing projects situated on the same parcel of land as the nonresidential
workplace for the tenants of these projects, upon written request from the property owner and
approved by resolution of the BOCC.
PREVIOUS RELEVANT BOCC ACTION:
None.
CONTRACT /AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Resolution
Revised_ Applicant_ Request_ 09.21.18
2018-164
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: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
Emily Schemper Completed
Assistant County Administrator Christine Hurley
10/01/2018 1:09 PM
Steve Williams Completed
Budget and Finance Completed
Maria Slavik Completed
Kathy Peters Completed
Board of County Commissioners Pending
10/01/2018 12:07 PM
Completed
10/02/2018 12:46 PM
10/02/2018 1:06 PM
10/02/2018 2:39 PM
10/03/2018 11:23 AM
10/17/2018 9:00 AM
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MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
RESOLUTION NO. -20!18
WHEREAS, the State of Florida and all local governments in the Florida Keys (each
subject to Area of Critical State Concern mandates relating to housing affordability) recognize the
need for affordable housing throughout the state and particularly in the Florida Keys where
developable land for housing is extremely limited and expensive; and
P aa, , -
I Packet Pg. 2232
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WHEREAS, the challenge of providing affordable housing opportunities in the Florida
Keys is one requiring sensible and responsive use of residential unit allocations, including
implementation of long -term preservation mechanisms; and
WHEREAS, due consideration should be given to relevant factors such as the capacity for
allocation recipients to promptly transform allocation awards /reservations into finished and
occupied affordable housing units; and
WHEREAS, the developers have legitimate needs for some assurance that allocations are
in fact and will remain available and/or justified for a reasonable time so that follow- through on
initial commitments will in fact be justified; and
WHEREAS, in accordance with Section 138- 24(b)(2) of the Monroe County Land
Development Code allows the BOCC to authorize reservations for "specific affordable or
employee housing projects participating in a federal/state housing financial assistance or tax credit
program or receiving some form of direct financial assistance from the county upon written request
from the project sponsor and approved by resolution of the board of county commissioners," and
WHEREAS, Rockland Operations, LLC and Rockland Recycling Center Inc. noticed
Monroe County of its intent to apply to the Florida Housing Finance Corporation ( "FHFC ") for
Low Income Housing Tax Credit ( "LIHTC ") financial assistance to offset the costs of its proposed
57 -unit development ('Project "); and
WHEREAS, as part of the LIHTC application, FHFC requires the applicant to have
obtained the necessary ROGOs and for Monroe County to execute a verification that verifies that
the applicant has obtained the necessary ROGOs; and
WHEREAS, Monroe County Code Sec. 13 8-24(b) allows reservation of affordable ROGO
allocations by the Board for specific housing programs, which includes FHFC, LIHTC and SAIL;
and
WHEREAS, the reservation of affordable housing allocations for the anticipated Project )l
does not exempt the project from applicable requirements in the Monroe County Comprehensive g
Plan (including the requirement for a development agreement), Land Development Code, Building
Code, and other regulatory requirements; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The foregoing recitals are true and correct, and are hereby incorporated as if
fully set forth herein.
Section 2. Fifty -seven (57) total ROGO allocations consisting of twenty -six (26) low
income and thirty -one (3 1) moderate income affordable ROGO allocations are reserved for parcels
of land in property located at approximately mile marker 9, on the north side of Rockland Key,
described as a parcel on land in Section 21, Township 67, Range 26, Rockland Key, Monroe
Pa
Packet Pg. 2233
1 County, Florida, having Parcel ID Numbers 00122081-000300, 00122081-000400, 00122070 -
2 000100, 00121980-000500, 00121980-000600, 00122070-000103, 00122070-000109, 00122040-
3 000100, 00122081- 000500, 00122080-000500, and 00122040- 000000, until September 18, 2020.
4
5 Section 3. The developer must obtain building permits for all fifty-seven (57) affordable
6 housing units on or before September 18, 2020,
7
8 Section 4. The developer shall comply with all Monroe County requirements, all applicable
9 Building Code requirements, and the requirements of any other oversight agencies.
10
11 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
12 Florida, at a regular meeting held on the day of 2018.
13
14
15 Mayor David Rice, District 4
16 Mayor Pro Tem Sylvia J. Murphy, District 5
17 Danny L. Kolhage, District 1
18 George Neugent, District 2
19 Heather Carruthers, District 3
20
21
22 Attest: KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS
23 OF MONROE COUNTY, FLORIDA
24
25 Deputy Clerk By:
26 Mayor David Rice
27 (SEAL)
Pa I 1 I
I Packet Pg. 2234
i XH
AT TO F
A, W
NEYS AT LAW
September 21, 2018
Re: Revised August 30, 2018 - ROGO Reservation Request Pursuant to 138-24(b)(2)
Rockland Operations, LIBC
Rockland Recycling Center, Inc.
Dear Cheryl,
If you, or staff, should have any questions, please do not hesitate to contact me.
Sincerely,
Barton S ith, Esqo
Enclosures
1 38 SI Its NTON STREET, KEY WEST, FLORIDA 3 U.SA
00132782 - v I "T 305-296-7227 F 305-296-8448 SMITFiHAWKS.COM
SURVEYOR'S REPORT:
1. Reproductions of this Exhibit are not valid without the signature and the original raised seal of a
Florida licensed surveyor and mapper. Additions or deletions to this survey map or report by other
U
than the signing party is prohibited without written consent of the signing party.
2.No Title Opinion or Abstract to the subject property has been provided. It is possible that there are
CL
Deeds, Easements, or other instruments (recorded or unrecorded) which may affect the subject
property. No search of the Public Records has been made by the Surveyor.
3. The parcel identification references are based on the Monroe County Property Appraiser's Office and is
-19
considered current at the time of survey.
0
4. The specific purpose of this survey is to calculate the upland areas relative to the individual parcels
W
as listed on the Monroe County Property Appraiser's website (h t . �mcafl�.or.
5. Bearings and coordinates shown hereon are based on the 2011 Adjustment of the North American
.0
W
Datum of 1983, NAD83 (2011) Epoch 2010.00 of the Florida State Plane Coordinate System
0
(Transverse Mercator Projection), East Zone derived from previous CPS Control Surveys by this firm.
0
6. Data shown hereon was compiled from instrument(s) of record and does not constitute a boundary
0
survey.
0
0
7. The edge of water for the upland calculations were not field surveyed but are based on digitized
aerial images. The aerial images utilized are file 2015—NC-24415324,sid and 2015—NC244453.sid
flown in 2015.
8. The specific purpose survey depicted hereon does not comply with Chapter 177, Part 11, Florida
0
0
Statutes as a Mean High Water Survey.
W
2
9. This map is intended to be displayed at a scale of 1: 3600 (1' --300*) or smaller.
r_
0
10. Abbreviation Legend: L.B. = Licensed Business SQ FT = Square feet; RE = Real Estate Number;
2
P.L.S. = Professional Land Surveyor
00
7
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CERTIFICATION:
I HEREBY CERTIFY that the attached Specific Purpose Survey of the hereon described property is true
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and correct to the best of my knowledge and belief as surveyed in the field under my direction I
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FURTHER CERTIFY that this Specific Purpose Survey meets the Standards of Practice set forth in
Chapters 5J-17, Florida Administrative Code, pursuant to Section 472.027,.,Fl6rida -Statutes.
Da te, /0 �Aj
KEITH C A— 70K P.L.S.
Florida Registration N a.:- 5328
E
AVID ASSOCIATES, INC.
L.B. No. 3300
REVISIONS
A VIROM & ASSOCIATES, INC.
JOB #: 9339-22
_kAL
AS&() SURVEYING & MAPPING
0
F N/A
_ 1?J08/2017
SO S. W 2ND AVENUE, SUITE 102
[ ATE
in
BOCA RATON, FLORIDA 33432
BY. GYC
TEL_ (561) 3,92-2594, FAX (561) 394-7125
www A VIROM-SUR VE Y, com
CHECKED: K. .C.
ISHED @2017 AVIROM&ASSOCLATES INC. all tights reserved,
This sketch is the property of AVIROM & ASSOCIATES, INC.
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and shoaki not be reproduced orcood without written permission.
SHEET 1
119MM
PL•O
b"MOX
�DATE: �1210�WOV
BY: GYC
CHECKED: K.M.C.
i SHEET
M
I
PARCEL RE: 00122081-000300
Gross Area:
203,959 sq ft
4.682 acres
Submerged Area:
0 sq ft
0 acres
Upland Area:
2 0 3,959 sq ft
4.682 acres
2
PARCEL RE: 00122081-000400
Gross Area:
64,869 sq ft
1.489 acres
Submerged Area:
0 sq ft
0 acres
Upland Area:
64,869 sq f,
1.489 acres
3
PARCEL RE: 00122070-000100
Gross Area:
99,980 sq ft
2.295 acres
Submerged Area:
34,911 sq ft
0.801 acres
Upland Area:
65,069 sq ft
1.494 acres
4
PARCEL RE: 00121980-000500
Gross Area:
1,872,473 s q ft
42.986 acres
Submerged Area:
1,158,362 sq ft
26.592 acres
Upland Area:
714, sq ft
16.394 acres
5
PARCEL RE: 00121980-000600
Gross Area:
288,711 sq ft
6.628 acres
Submerged Area:
72,988 sq ft
1.676 acres
Upland Area:
215,723 sq ft
4.952 acres
6
PARCEL RE: 00122070-000103
Gross Area:
59,019 sq ft
1.355 acres
Submerged Area:
0 so ft
0 acres
Upland Area:
59,019 sq ft
1.355 acres
7
PARCEL RE: 00122070-000109
Gross Area:
16,600 sq ft
0.381 acres
Submerged Area:
0 sq ft
0 acres
Upland Area:
16,600 sq ft
0.381 acres
8
PARCEL RE: 00122040-000100
Gross Area:
87,524 sq ft
2.009 acres
Submerged Area:
67,918 sq ft
1.559 acres
Upland Area:
19,606 sq ft
0.450 acres
9
PARCEL RE: 00122081-000500
Gross Area:
16,234 so ft
0.373 acres
Submerged Area:
0 sq ft
0 acres
Upland Area:
16,234 sq ft
0.373 acres
10
PARCEL RE: 00122080-000500
Gross Area:
22,471 sq ft
0.516 acres
Submerged Area:
0 sq ft
0 acres
-
Upland Area:
22,471 sq ft
0.516 acres
11
PARCEL RE: 00122040-000000
Gross Area:
244,006 so ft
5.602 acres
Submerged Area:
84,856 sq ft
1.948 acres
-
Upland Area:
159,150 so ft
3.654 acres
PL•O
b"MOX
�DATE: �1210�WOV
BY: GYC
CHECKED: K.M.C.
i SHEET
M
U.S. HIGHWAY No. 1 X 0.,
OVERSEAS HIGHWAY tul
0 150 300
GRAPHIC SCALE IN FEET
AVIROM & ASSOCIATES, INC.
EXHIBIT
– 756��9 - 339 - 2
SURVEYING & MAPPING
FSEALE:
1 300'
50 S W 2ND AVENUE, SUITE 102
BOCA RATON, FLORIDA 33432
TEL (561) 392-2594, FAX (561) 394-7125
TOPPINO PROPERTIES
ROCKLAND KEY AND BIG COPPITT KEY
FDATE.
12/08/2017
BY:
GYC
www.AVlROM-SURVEYcom
0201? AVIROM&ASSOC�ATESINCalli
CHECKED:
This skefah is the Pm= of AVIROM & ASSOCOTES, INC.
SECTION 21, TOWNSHIP 67 SOUTH, RANGE 26 EAST
andshouldpofbersp ucedc�rco#edvwthoutwiltenporai"on.
MONROE COUNTY, FLORIDA.
SHEET
3 OF 3
County of Monroe
Planning & Fnr•irorrrnental Resources
Department
2798 Overseas Highway, Suite 400
Marathon, FL 33050
Voice: (305) 289 -2500
FAX: (305) 289 -2536
Board of Counl►� Commissioners
Mayor David Rice, District 4
Mayor Pro Tern Sylvia J. Murphy, District 5
Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
Via email to d rai �,spottswoodlaw.com
September 27, 2018
The Spottswood Law Firm
C/o Erica Stirling and Donald Craig
500 Fleming St.
Key West, FL 33040
Application: Letter of Understanding (File# 2018 -164)
Location: 155 Overseas Highway, 129 and 157 Toppino Industrial Drive, Rockland Key
Description: Eleven (11) parcels on Rockland Key, Monroe County, FL
Parcel IDs: 00122081 - 000300, 00122081 - 000400, 00122070 - 000100, 00121980 - 000500, 00121980-
000600, 00122070 - 000103, 00122070 - 000109, 00122040 - 000100, 00122081- 000500,
00122080 - 000500, and 00122040 - 000000
Pursuant to Section 110 -3 of the Monroe County Land Development Code (LDC), this document shall
constitute a Letter of Understanding (LOU) following your request for a Pre - Application Conference with
Planning and Environmental Resources staff. The purpose of the Pre - Application Conference is to
acquaint the participants with the requirements of the Land Development Code (LDC), applicable
Comprehensive Plan policies and the views and concerns of the County. The substance of the Pre -
Application Conference held on September 27, 2018, is recorded in this LOU, which sets forth the subjects
discussed at the conference and the County's position in regard to the subject matters discussed.
In attendance at the pre - application conference were:
• Donald Leland Craig, AICP, The Spottswood Law Firm
• Erica Hughes - Sterling, The Spottswood Law Firm (via phone)
• Bart Smith, Smith/Hawks Attorneys at Law
• Paul Toppino, Property Owner
• Richard Toppino, Property Owner
• Emily Schemper, AICP, CFM, Acting Senior Director of Planning and Environmental Resources,
Monroe County
• Cheryl Cioffari, AICP, Comprehensive Planning Manager, Monroe County
• Mike Roberts, Senior Administrator
• Brad Stein, AICP, Development Review Manager, Monroe County
File 2018 -164 Page 1 of 8
Materials presented for review included:
• Request for Pre - Application Conference Application
• Written description of proposal
• Survey of 11 parcels including upland calculations completed by Keith M. Chee -A -Tow of Avirom
& Associates, Inc. dated December 18, 2017
• Conceptual site plan
I. APPLICANT PROPOSAL
The Applicant states:
The request is to confirm the following:
Please confirm that pursuant to Monroe County Code ("Code] Section 130- 165 number of
residential dwelling units permitted to be developed on the eleven (11) contiguous parcels, up to
the maximum not density for affordable and employee housing of all eleven (11) parcels, can be
developed as attached employee housing dwelling units on a portion of one of the contiguous
parcels, RE Number 00121990 (the 'Employee Development Parcel "). "Section 130 -185,
Aggregation of Development. Any Development. located on contiguous parcels of land, that has
or is a part of a common Plan or theme of development or use „ Including, but not limited to, an
overall plan of development, common or shared amenities ,utilities or facilities, shall be
aggregated for the purpose of determining permitted or authorized development and compliance
with each and every standard of this land Development Code( includes clearing limits) and for the
purpose of determining the appropriate form of development review,"
2. Please confirm that pursuant to Code Section 139 -1(6) the consoidation of the density from
all contiguous eleven (11) parcels on the Employee Development Parcel for development of
employee housing through a development agreement will not "count against" the existing non-
residential square footage on the remaining tan (10) contiguous parcels (the "Industrial Use
Parcels "), or otherwise legally affect the current industrial uses existing upon the Industrial Use
Parcels.
3. Please confirm that pursuant to Code Sec. 139 -1(5) and provided the Industrial Use Parcels
have not been developed up to the maximum non - residential square footage a&soclated with
mechanisms 4 Finally, please confirm what other approvWs, 4 any, are required to allow the
density development of additional non-res0ential square footage and uses on the Industhal Use
Parcels, after he maximum net of •o t
parcels has been developed an to Empioyee Development Parcel.
File 2018 -164 Page 2 of 8
I. SUBJECT PROPERTY DESCRIPTION
The subject property is located between U.S. 1, Toppino Industrial Drive and Calle Dos, approximately
mile marker 9, on the north side of Rockland Key. The property is commonly known as " Toppino
Industrial Park ", which is owned by the Rockland Operations, LLC and Rockland Recycling Center, Inc.
The subject property, consisting of eleven (11) parcels with Parcel IDs 00122081 - 000300, 00122081-
000400, 00122070 - 000100, 00121980 - 000500, 00121980- 000600, 00122070 - 000103, 00122070-
000109, 00122040 - 000100, 00122081 - 000500, 00122080 - 000500, and 00122040 - 000000.
Per the submitted survey completed by Keith M. Chee -A -Tow of Avirom & Associates, Inc. dated
December 18, 2017, the property consists of 35.74 acres of upland:
10
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Parcel ID
Upland Area (SF)
Upland Area (acres)
1
00122081- 000300
203,959
4.682
2
00122081 - 000400
64,869
1.489
3
00122070 - 000100
65,069
1.494
4
00121980- 000500
714,111
16.394
5
00121980- 000600
215,723
� 4.952
6
00122070- 000103
59,019
1.3
7
00122070 - 000109
16,600
0.381
8
00122040 - 000100
19,606
0.45
9
00122081 - 000500
16,234
0.373
10
00122080 - 000500
22,471
0.516
11
00122040- 000000
159,150
3.654
Total
1,556,811
35.74
10
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File 2018 -164 Page 3 of 8
.0 o w l '
14 1. . -, �.-. - �
.� ,,,
Subject Property with Land Use Districts Overlaid (Aerial dated 2015)
II. REVIEW
1. Please confirm that pursuant to Monroe County Code {"Code] Section 130- 165 number of
residential dwelling units permitted to be developed on the eleven (11) contiguous parcels, up to
the maximum net densit+f for affordable and employee housing of all eleven (11) parcels, Gan be
developed as attached employee housing dwelling units on a portion of one of the contiguous
parccells, RE Number 00121980 000ODO (the "Employee Development Parcel "J. 'Section 130 -165,
Aggrogation of Development. Any Development, located on contiguous parcels of land, that has
or is a part of a common Plan or theme of development or use , Including, but not limited to, an
overall plan of development, common or shared amenities ,utilities or facilities, shall be
aggregated for the purpose of determining permitted or authon7ec development and compliance
with each and every standard of this Land Development Code( includes clearing limits) and for the
purpose of determining the appropriate farm of development review,"
Staff Response
Pursuant to LDC §130 -165, Aggregation of Development means "any development that has or is a
part of a common plan or theme of development or use, including, but not limited to, an overall plan
of development, common or shared amenities, utilities or facilities, shall be aggregated for the purpose
of determining permitted or authorized development and compliance with each and every standard of
this chapter and for the purpose of determining the appropriate form of development review."
File 2018 -164 Page 4 of 8
Packet Pg. 2242
The subject property is currently developed with nonresidential buildings and heavy industrial uses.
The subject property is outlined in yellow.
The subject property is 35.74 acres; the net buildable acres is 28.59. Therefore, the maximum
development potential of affordable dwelling units on the subject property is 57.18 dwelling units.
Based on the conceptual site plan, there is an overall plan of development indicating approximate
locations of residential, industrial and open space components for the subject property. The submitted
conceptual site plan indicates access points, in additional to the existing and proposed land uses.
In order for the Property to be aggregated for development, a Unity of Title or Declaration of
Restrictive Covenants, in a form approved by the County Attorney and subsequently recorded in the
public records of the Monroe County Clerk of Courts, would be required. Either of these legal
instruments would run with the land, and be easily identifiable in a title search.
2. Please confirm that pursuant to Code Section 139 -1(5) the consolidation of the density from
all contiguous eleven (11) parcels on the Employee Development Parcel for development of
employee housing through a development agreement will not "count against" the existing non -
residential squares footage on the remaining tern (10) contiguous pals (the "Industrial Use
Parcels " }, or otherwise legally affect the current industrial uses existing upon the Industrial Use
Parcels.
Staff Response
Code Section 139 -1(5) states:
(5) Not-,vithstanding the provisions of this article, when calculating density, any existing
lawfully established or proposed affordable or employee housing on a parcel and the
floor area thereof shall be excluded from the calculation of the total gross
nonresidential floor area development that may be lawfully established on the parcel,
provided, however, that the total residential density allowed on the site shall not
exceed the maximum net density for affordable and employee housing.
When calculating density for affordable or employee housing, any existing lawfully established
nonresidential square footage and the upland area required to support the nonresidential square footage
can be utilized in the calculation of determining density for affordable or employee housing. In other
words, nonresidential square footage and affordable /employee housing can use the same land area
when calculating intensity and density, respectively.
File 2018 -164 Page 5 of 8
Pursuant to Section 130 -157, the maximum residential density and land use district open space, shall
Therefore, even if you have reached the maximum allowable square footage of nonresidential uses on
the subject property, affordable or employee housing may be developed on the property utilizing the
entire buildable upland area of the subject property. Similarly, if you have not already reached the
maximum allowable square footage of nonresidential uses, you may add square footage regardless of
any existing or proposed affordable housing density.
Staff Response
Code Section 139 -1(5) states:
(5) Notwithstanding the provisions of this article, when calculating density, any existing
lawfully established or proposed affordable or employee housing on a parcel and the
floor area thereof shall be excluded from the calculation of the total gross
nonresidential floor area development that may be lawfidly established on the parcel,
provided, however, that the total residential density allowed on the site shall not
exceed the maximum net density for affordable and employee housing.
When calculating density for affordable or employee housing, any existing lawfully established
nonresidential square footage and the upland area required to support the nonresidential square footage
can be utilized in the calculation of determining density for affordable or employee housing. In other
words, nonresidential square footage and affordable /employee housing can use the same land area
when calculating intensity and density, respectively.
Therefore, even if you have reached the maximum allowable square footage of nonresidential uses on
the subject property, affordable or employee housing may be developed on the property utilizing the
entire buildable upland area of the subject property. Similarly, if you have not already reached the
maximum allowable square footage of nonresidential uses, you may add square footage regardless of
any existing or proposed affordable housing density.
File 2018 -164 Page 6 of 8
Pursuant to Section 130 -164, the maximum nonresidential use intensities and land use district open
space, shall be in accordance with the following table:
}1
����z»�f� ��,
N OME , .._) -.,, ,,.
,.rir� r
�' i�t I
�,
lut(Il�,, , �1t Ilt�h 4 i'tcc i, ,�k,
Industrial (1)
Offices
0.4
1,556,811
622,724
0.2
311,362
Restaurant
0.3
1,556,811
467,043
0.2
311,362
Commercial fishing
0.4
1,556,811
622,724
0.2
311,362
Light industrial
0.4
1,556,811
622,724
0.2
311,3
Heavy industrial
0.25
1,556,811
389,203
0.2
311,362
Institutional
0.3
1,556 ,811
467,0
0.2
1 311,362
Public buildings a nd us
0.4
1 556 811
622 724
0.2
311
No prior ROGO exemptions or Letters of Development Rights Determination (LDRDs) have been
issued for the subject property. If the applicant feels that dwelling units/ rooms/ nonresidential floor
area have been lawfully established on the subject property, Staff recommends the applicant apply for
a Letter of Development Rights Determination (LDRD).
LDC Section 101 -I defines the following relevant terms:
Dwelling unit means one or more rooms physically arranged for occupancy by one residential
household sharing common living, cooking, and toilet facilities.
Transient unit means a dwelling unit used for transient occupancy such as a hotel or motel
room, a seasonal residential unit, a campground space, an institutional residential use, or a
recreational vehicle space.
4, Finally, please confirm what other rnechanPsms and approvals, N any, are required to allow the
development of additkn - W non -residential square footage and uses on the Industrial Use
Parcels, after he nwimurn net density of affordalAe and ampfoyae housing of all eleven (11)
parcels has been developed an the Ernployea Development Parcel.
Staff Response
The subject property is located within the Industrial (I) Land Use (Zoning) District and the Industrial
(1) Future Land Use Map category. Pursuant to Code Section 130- 82(b)(3), attached and detached
dwellings involving six or more units employee housing, designated as employee housing as provided
for in Code Section 139 -1, requires a Minor Conditional Use.
However, heavy industrial uses are established on the subject property which is a major conditional
uses in the Industrial (I) zoning district. Therefore, the addition of affordable or employee housing
dwelling units, as part of an aggregated development plan, would require an amendment to the site's
existing major conditional use permit approval.
File 2018 -164 Page 7 of 8
Pursuant to LDC Section 110- 3(a)(3), you are entitled to rely upon representation made at the conference
only to the extent such representations are set forth in the LOU. An LOU shall not provide any vesting to
requirements, code and the comprehensive plan. The development shall be required to be consistent with
all regulations and policies at the time of development approval. The Planning Director acknowledges that
all items required as part of the application for development approval may not have been addressed at the
conference, and consequently reserves the right for additional comment.
You may appeal any decision, determination or interpretation made in this letter pursuant to Monroe
County LDC Section 102 -185. A notice of appeal in the form prescribed by the Planning Director must
be filed with the County Administrator, 1100 Simonton Street, Gato Building, Key West, Florida 33040,
within 30 calendar days from the date of this letter. Additionally, a copy of the notice of appeal must be
filed with the Planning Commission Coordinator, Monroe County Planning and Environmental Resources
Department, 2798 Overseas Highway, Suite 400, Marathon, Florida 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 the Department's
Marathon office at (305) 289 -2500.
Si ncer4e l ° you�'s,
Emily Schemper, AICP, CFM
Acting Senior Director Planning and Environmental Resources
ES /cic
File 2018 -164 Page 8 of 8