Item L4L.4
BOARD OF COUNTY COMMISSIONERS
C ounty of M onroe
Mayor David Rice, District 4
Mayor Pro Tem Sylvia J. Murphy, District 5
TheFloridaKeys
Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
November 20, 2018
Agenda Item Number: L.4
Agenda Item Summary #4904
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 Bart Smith of Smith/Hawks on
behalf of GV Termination Trustee, LLC and Residences ORC, LLC for relief from the strict
-1(b)(3) of the
Monroe County Land Development Code, for property locally known as Golf Village
Condominiums located at 1 Golf Village Drive in Ocean Reef having Parcel ID Number 00572611-
005000. (File 2018-192)
ITEM BACKGROUND:
The Golf Village Condominium property consists of 48 attached residential dwelling units. In a
Letter of Understanding dated May 6, 2015, staff outlined the applicable portions of the County
Comprehensive Plan and Land Development Code regarding the proposed demolition of the existing
48-unit development and construction of a new 48-70-unit development. In this LOU, staff informed
the property owner and their consultant about the proposed redevelopment of residential dwelling
rate existing dwelling units are being redeveloped onsite, twenty-one (21) dwelling units would be
required to be deed-restricted affordable housing.
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Subject Property (center) overlaid with Land Use District (Zoning) Map, 2018 Aerial
On October 4, 2018, the Applicant submitted a request for an exemption from the County
Inc
at least 30% of the residential units shall be retained as affordable housing units. In this case, the
applicant intends to rebuild all 48 pre-existing units as market-rate units, and will provide the
required affordable units off site. Therefore, 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 48 market
rate units on site; therefore, 21 affordable housing units off-site are required.
The Applicant intends to comply with LDC Section 139-1(b)(2)a. by providing twenty-one (21)
affordable dwelling units off-site through linkage pursuant to Section 139-1(c) to fulfill the
inclusionary housing requirement. LDC Section 139-1(c) requires that linkage must occur within the
same geographic planning area (lower and upper keys).
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 oneof 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
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L.4
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.
In this case, the Applicant is not requesting to reduce the required number of inclusionary housing
units. Rather, the request is to be able to utilize LDC Section 139-1(c) and link to a different
geographic planning area. In this case, the linkage would be from the Upper Keys to the Lower Keys
or Big Pine Key / No Name Key.
Staff has found that the Applicant has provided sufficient evidence or legal justification for the
proposed waiver in inclusionary housing requirements to recommend approval of
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 approval.
DOCUMENTATION:
2018-107_BOCC_SR_11.20.18
Resolution
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
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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 10/31/2018 12:04 PM
Steve Williams Completed 10/31/2018 12:18 PM
Maureen Proffitt Completed 10/31/2018 1:45 PM
Assistant County Administrator Christine Hurley Completed
11/01/2018 11:45 AM
Budget and Finance Completed 11/01/2018 3:51 PM
Maria Slavik Completed 11/02/2018 7:33 AM
Kathy Peters Completed 11/02/2018 4:27 PM
Board of County Commissioners Pending 11/20/2018 9:00 AM
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L.4.a
1
2
3
4MEMORANDUM
5M ONROE C OUNTY P LANNING & E NVIRONMENTAL R ESOURCES D EPARTMENT
6We strive to be caring, professional and fair
7
8To: Monroe County Planning Commission
9
10Through: Emily Schemper, AICP, CFM, Acting Senior Director of Planning & Environmental
11Resources
12
13From: Cheryl Cioffari, AICP, Comprehensive Planning Manager
14
15Date: October 26, 2018
16
17Subject: A request by Bart Smith of Smith/Hawks on behalf of GV Termination Trustee, LLC and
18
19housing requirements, pursuant to Section 139-1(b)(3) of the Monroe County Land
20Development Code, for property locally known as Golf Village Condominiums located at
211 Golf Village Drive in Ocean Reef having Parcel ID Number 00572611-005000. (File
222018-192)
23
24Meeting: November 20, 2018
25
26I. REQUEST
27Bart Smith of Smith/Hawks on behalf of GV Termination Trustee, LLC and Residences ORC, LLC
28(the Applicant), is requesting relief from the strict application of the
29requirements, pursuant to Section 139-1(b)(3) of the Monroe County Land Development Code (LDC),
30for property locally known as Golf Village Condominiums located at 1 Golf Village Drive in Ocean
31Reef. The requested approval is associated with the proposed redevelopment of the existing 48
32attached residential dwelling units on the property which requires the development of 21 affordable
33housing dwelling units. The Applicant is requesting to link the required 21 affordable housing dwelling
34units with projects currently being built or contemplated by Habitat for Humanity of the Lower Florida
35Keys, Inc. or the Florida Keys Community Land Trust, Inc., on Big Coppitt and Cudjoe Key or Big
36Pine Key.
37requirements for an adjustment to allow the affordable housing to not be linked in the upper keys
38subarea, but rather the lower keys or Big Pine/No Name Key subarea, two of the hardest hit areas by
39Hurricane Irma and important areas for homes to be rebuilt to provide affordable housing to the lower
40keys pursuant to LDC Section 139-1(b)(3)c.
BOCC SR 11.20.18 Page 1 of 5
File No. 2018-192
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1
2 Subject Property (center) overlaid with Land Use District (Zoning) Map, 2018 Aerial
3
4
5II. BACKGROUND INFORMATION
6
7Applicant:
8Property Owner/Applicant: GV Termination Trustee, LLC and Residences ORC, LLC
9Agent: Bart Smith of Smith/Hawks
10Location:
11Address: 1 Golf Village Drive, Ocean Reef
12Parcel ID Number: 00572611-005000
13Size of Site: 151,141 square feet / 3.47 acres of upland according to the Monroe County GIS database
14Land Use Map (Zoning) District: Urban Residential (UR) and Suburban Commercial (SC)
15Future Land Use Map (FLUM) Designation: Residential High (RH) and Mixed Use/Commercial
16(MC)
17Tier Designation: None
18Existing Uses: Attached residential dwelling units, accessory uses including parking areas and
19driveways.
Attachment: 2018-107_BOCC_SR_11.20.18 (Inclusionary Housing Exemption, Ocean Reef Residences, Ocean Reef)
20Community Character of Immediate Vicinity: The property borders vacant land owned by the
21Anglers Club Condominium development to the west, an Ocean Reef Club golf course to the east, and
22single family homes to the north.
BOCC SR 11.20.18 Page 2 of 5
File No. 2018-192
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2PREVIOUS RELEVANT COUNTY ACTION:
3
4On July 13, 1972, Monroe County issued building permit number 27323 for the development of three
54-unit condominium buildings on the subject property.
6
7On June 12, 1986, Monroe County issued building permit number C19564 for there-piping of 48
8condominium units with new fixtures and plumbing. Although the original building permits for all
948 units are not available, this permit supports the existence of 48 condominium units in 1986.
10
11Since 1986, various building permits have been issued to individual condominium units for repairs
12and remodeling.
13
14In 1977, the Monroe County Zoning Board approved the "overall conception of the Master Plan of
15Ocean Reef' as a major development project in accordance with Ordinance #21-75. This approval
16was memorialized by an unnumbered resolution dated August 25, 1977.
17
18In 1997, the Master Plan for Ocean Reef was vested under Resolution #70-1997. The Master Plan for
19Ocean Reef was formerly vested under Resolutions #478-1988 and #539- 1988.
20
21On May 6, 2015, a Letter of Understanding (File # 2015-060) was issued outlined the applicable
22portions of the County Comprehensive Plan and Land Development Code regarding the proposed
23demolition of the existing 48-unit development and construction of a new 48-70-unit development.
24
25
26III. ANALYSIS OF REQUESTED EXEMPTION / WAIVER
27
28Pursuant to Section 139-1(b)(2) of the Monroe County Land Development Code (LDC), the
29redevelopment of 48 existing residential dwelling units is subject to the inclusionary housing
30requirements. Pursuant to LDC Section 139-1(b)(2)a., residential developments, other than mobile
31home or mobile home spaces covered by LDC Section 139-1(b)(2)b., that result in the development
32or redevelopment of three (3) or more dwelling units on a parcel or contiguous parcels shall be required
33to develop or redevelop at least 30% of the residential units as affordable housing units.
34
35In cases where all redeveloped units on site are maintained as market rate units, and the required
36affordable units are provided off site, the Code requires the applicant to provide 30% of the total
37number of units as affordable. Therefore, pursuant to LDC Section 139-1(b)(4), in order to maintain a
3870%/30% ratio of market rate units to affordable units, a total of 21 affordable dwelling units off-site
39are required (48 market rate units / 21 affordable units = 70% market rate units / 30% affordable units).
40
41As indicated in the application submitted on October 4, 2018, the Applicant indicated that the project
42is proposed to be redeveloped with 48 market-rate dwelling units which requires twenty-one (21)
43affordable housing dwelling units. The Applicant intends to comply with LDC Section 139-1(b)(2)a.
Attachment: 2018-107_BOCC_SR_11.20.18 (Inclusionary Housing Exemption, Ocean Reef Residences, Ocean Reef)
44by providing twenty-one (21) affordable dwelling units off-site through linkage pursuant to Section
45139-1(c) to fulfill the inclusionary housing requirement. LDC Section 139-1(c) requires that linkage
46must occur within the same geographic planning area (lower and upper keys).
BOCC SR 11.20.18 Page 3 of 5
File No. 2018-192
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1
2Pursuant to LDC Section 139-1(b)(3)c., any developer or property owner who believes that they may
3be eligible for relief from the strict application of LDC Section 139-1(b) may petition the BOCC for
4relief under LDC Section 139-1(b)(3). Any petitioner for relief hereunder shall provide evidentiary
5and legal justification for any reduction, adjustment or waiver of any requirements under LDC Section
6139-1(b).
7
8Pursuant to LDC Section 139-1(b)(3), the BOCC may reduce, adjust or waive the requirements set
9forth in LDC Section 139-1(b) where, based on specific findings of fact, the BOCC concludes, with
10respect to any developer or property owner, that:
11
121. Strict application of the requirements would produce a result inconsistent with the
13Comprehensive Plan or the purpose and intent of this subsection;
142. Due to the nature of the proposed residential development, the development furthers
15Comprehensive Plan policies and the purpose and intent of this subsection through means other
16than strict compliance with the requirements set forth herein;
173. The developer or property owner demonstrates an absence of any reasonable relationship
18between the impact of the proposed residential development and requirements of this
19subsection (b); or
204. The strict application with the requirements set forth herein would improperly deprive or deny
21the developer or property owner of constitutional or statutory rights.
22
23The Applicant states:
24
25
26 The Applicant cites the Monroe County Workforce Housing Stakeholder Assessment Report, 2015,
27
28Recovery from Hurricane Irma to support the request. The full justification is included as part of
29the record file.
30
31Monroe County suffered the loss of a significant number of housing units due to damage caused
32by Hurricane Irma on September 10, 2017. The BOCC has acknowledged that the pre-existing
Attachment: 2018-107_BOCC_SR_11.20.18 (Inclusionary Housing Exemption, Ocean Reef Residences, Ocean Reef)
33affordable housing issues facing the County are even greater and more immediate now due to
34storm-related losses. Significant damage has occurred to the housing stock which is largely the
35lower cost housing options to the members of the workforce.
BOCC SR 11.20.18 Page 4 of 5
File No. 2018-192
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1
2In this case, the Applicant is not requesting to reduce the required number of inclusionary housing
3units. Rather, the request is to be able to utilize LDC Section 139-1(c) and link to a different
4geographic planning area. In this case, the linkage would be from the Upper Keys to the Lower
5Keys or Big Pine Key / No Name Key.
6
7Monroe County Comprehensive Plan Goal 601, Policy 601.1.9 and Policy 601.1.13 require the
8
9
10
11
12Goal 601: Monroe County shall adopt programs and policies to facilitate access by residents to
13adequate and affordable housing that is safe, decent, and structurally sound, and that meets the
14needs of the population based on type, tenure characteristics, unit size and individual preferences.
15\[F.S. § 163.3177(6)(f)1., 3.\]
16
17Policy 601.1.9: Monroe County shall maintain land development regulations which may include
18density bonuses, impact fee waiver programs, and other possible regulations to encourage
19affordable housing.
20
21Policy 601.1.13: Monroe County shall maintain land development regulations on inclusionary
22housing and shall evaluate expanding the inclusionary housing requirements to include or address
23nonresidential and transient development and redevelopment based on specific data and analysis.
24
25
26IV. STAFF RECOMMENDATION
27
28Staff recommends approval.
29
30
31VII. EXHIBITS
32
331. Resolution
Attachment: 2018-107_BOCC_SR_11.20.18 (Inclusionary Housing Exemption, Ocean Reef Residences, Ocean Reef)
BOCC SR 11.20.18 Page 5 of 5
File No. 2018-192
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L.4.b
Attachment: Resolution (Inclusionary Housing Exemption, Ocean Reef Residences, Ocean Reef)
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Attachment: Resolution (Inclusionary Housing Exemption, Ocean Reef Residences, Ocean Reef)
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Attachment: Resolution (Inclusionary Housing Exemption, Ocean Reef Residences, Ocean Reef)
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11 T ' _
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5
6 MONROE COUNTY, FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
8 RESOLUTION NO. -2018
9
10
11 A RESOLUTION BY THE MONROE.-.COUNTY BOARD OF
12 COUNTY COMMISSIONERS APPROVING A REQUEST BY
13 BART SMITH OF SMITH/HAWKS ON BEHALF OF GV
14 TERMINATION TRUSTEE, LL(`AND RESIDENCES ORC,
15 LLC FOR RELIEF FROM THE'`STRICT APPLICATION OF
16 THE COUNTY'S INCLUSIONARY HOUSING
17 REQUIREMENTS, PURSUANT TO;SECTION 139-1(B)(3) OF
18 THE MONROE COUNTY LAND :DEVELOPMENT CODE,
19 FOR PROPERTY LOCALLY KNOWN::AS GOLF VILLAGE
20 CONDOMINIUMS LOCATED;AT 1 GOLF::VILLAGE DRIVE
21 IN OCEAN REEF HAVING PARCEL ID NUMBER 00572611-
22 005000 (FILE 2018-192)
23
24 .
25 WHEREAS, Golf Village ;Condominium:is an existing development consisting of 48
26 attached residential dwelling, units",;;and, has amenities including parking areas, driveways and
27 accessory uses and structures within:Ocean:Reef Club'originally constructed in 1972; and
28
29 WHEREAS, the Golf Village'=Condominium:property is located at 1 Golf Village Drive in
30 Ocean Reef;;and
31
32 WHEREAS, on May 6, 2015, a Letter of Understanding (LOU, File 2015-060) was issued
33 outlining applicable°portions of the Monroe County Comprehensive Plan and Land Development
34 Code; and
35
36 WHEREAS, the property owner is proposing to demolish the existing 48-unit residential
37 development and construct a new 48-unit market rate residential development; and
38
39 WHEREAS, Section 139-1(b)(2)a. of the Monroe County Land Development Code (LDC)
40 provides inclusionary housing standards that are applicable to the development or redevelopment of
41 permanent residential units and would require that at least 30% of the existing units be redeveloped
42 as affordable housing; and
43
44 WHEREAS, the property owner is proposing to demolish the existing 48-unit residential
45 development and construct a new 48-unit market rate residential development; and
BOCC Resolution No. -2018
File#2018-092 Page 1 of 4
•
1 WHEREAS, LDC Section 139-1(b)(3)c. allows any developer or property owner who
2 believes that they may be eligible for relief from the strict application of the inclusionary housing
3 requirements to petition the Board of County Commissioners for relief; and
4
5 WHEREAS,the Board of County Commissioners makes the following Findings of Fact:
6
7 1. Pursuant to LDC Section 139-1(b)(3)b., the Board of County Commissioners may
8 reduce, adjust, or waive the inclusionary housing requirements; and
9
10 2. Based on LDC Section 139-1(b)(2)a., the applicant is proposing to redevelop 48
11 existing market-rate dwelling units.
12 a. These units were not mobile home units;
13 b. The applicant would be required to -.pr"ovide.. twenty-one (21) deed-restricted
14 affordable and/or employee housing units;-
15 c. The applicant is proposing to provide".twenty-one'(2,1) of the required affordable
16 units through linkage pursuant to LDC 139-1(cand
17 d. The applicant is seeking linkage Jo affordable housing units in a-the lower keys
18 planning area outside ofrather than the.Upper Keys.
19
20 3. Prior to the issuance of certificate of occupancy"for the proposed redevelopment, the
21 applicant must obtain approval"of the requested waiver or demonstrate compliance with the
22 inclusionary housing requirements of LDC:Section 1391.(b).
23
24 4. The development has the following unique conditions/circumstances:
25 a. The subject property is a coridominium":association consisting of 48 dwelling units
26 and common elements; and
27 b. The proposed redevelopment is anticipated to increase the need for affordable or
28 employee housing, and::
29 c ;:'The:48.:existing dwelling units;were not and are not serving as mobile homes or as
30 existing affordable:housing stock.
31
32 5. ".In accordance With LDC Section 139-1(b)(3)b., based on the above specific findings
33 of fact,the Board of County Commissioners concludes that:
34 a. Strict;application'of•the requirements would produce a result inconsistent with the
35 Comprehensive Plan or the purpose and intent of this subsection;
36 b. Due to the nature of the proposed residential development, the development furthers
37 Comprehensive;Plan policies and the purpose and intent of this subsection through
38 means other than strict compliance with the requirements set forth herein;
39 c. The developer or property owner demonstrates an absence of any reasonable
40 relationship between the impact of the proposed residential development and
41 requirements of this subsection(b); or
42 d. The strict application with the requirements set forth herein would improperly
43 deprive or deny the developer or property owner of constitutional or statutory rights.
44
45 WHEREAS, the Board of County Commissioners makes the following Conclusions of
46 Law:
BOCC Resolution No. -2018
File#2018-092 Page 2 of 4
•
2 1. The County suffered major damage or destruction of more than 4,000 housing units
3 during Hurricane Irma, which struck the Florida Keys on September 10, 2017; and
4 2. Over 3,600 of those housing units majorly damaged or destroyed were in the lower
5 keys geographic planning area; and
6 3. The applicant proposes linking an upper keys redevelopment to lower keys
7 affordable housing units in order to contribute to the replacement of housing units in the
8 lower keys; and
9 4,4. The applicant meets criteria 2 as outlined in LDC Section 139-1(b)(3)b.: Due to the
10 nature of the proposed residential development, the development furthers Comprehensive
11 Plan policies and the purpose and intent of the inclusionary housing regulations through
12 means other than strict compliance with the requirements.set forth in the LDC; and
13 2,5. Based on the Findings of Fact, the Board-of:County Commissioners has determined
14 that the applicant is eligible for relief from the strict application of the inclusionary housing
15 requirements.
16
17 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
18 COMMISSIONERS OF MONROE COUNTY,FLORIDA,,.
19
20 Section 1. The request by Bart:Smith of Smith/Hawkson behalf of GV Termination Trustee,
21 LLC and Residences ORC, LLC for<a;waiver/adjustment`;to the County's inclusionary housing
22 requirements, pursuant to Section 139-1(b)(3) .of the Monroe-County Land Development Code, is
23 approved. In order to assure the linkage provides'funding for construction of housing that has not
24 already been pre-determined.:'to be affordable; and developed by riot.:for profits with a mission of
25 building affordable housing,redevelopment of the subject'property may meet inclusionary housing
26 requirements through linkage to affordable housing units in'the lower keys geographic planning
27 area, provided that the linkage is to:
28 1. Units built by the:Florida'keys Comniiinity Land Trust, that have not yet executed an
29 affordable housing deed`:restriction„and/or.,
30 2.;-:,Units built by-Habitat for:Humamty of the Lower Keys at their Cudjoe Key development
31 site (RE#s 00178350 00000.0 through 00178380-000000); Prior to receiving Certificates `"�; �
32 of Occupancy for the:market rate units at Residences ORC, LLC, building permits at the '4,,�'
33 Habitat-Cudjoe site must be issued and the site must pass its first structural inspection .
34 within,the approved scope of work for the issued permit(s) for the required number of = �
35 affordable housing units:;.
36 -V-Cs cAA4i Aft � 1�Q A -h
37 PASSED AND ADOPTED y t Boar• o unt Commissioners f�Monroe County,
38 Florida, at a regular meeting of the Board held on the day of , 2018.
39
40
41 Mayor David Rice, District 4
42 Mayor Pro Tern Sylvia J. Murphy, District 5
43 Danny L. Kolhage, District 1
44 , District 2
45 Heather Carruthers, District 3
46
47
BOCC Resolution No. -2018
File#2018-092 Page 3 of 4
1 Attest: KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS
2 OF MONROE COUNTY, FLORIDA
3
4 Deputy Clerk By:
5 Mayor David Rice
6 (SEAL)
7
8
BOCC Resolution No. -2018
File#2018-092 Page 4 of 4