Resolution 415-2018 2 �
3
4
5
6 MONROE COUNTY, FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
8 RESOLUTION NO. 415 -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, LLC 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
BOCC Resolution No.415 -2018
File#2018-092 Page 1 of 4
1 WHEREAS, the property owner is proposing to demolish the existing 48-unit residential
2 development and construct a new 48-unit market rate residential development; and
3 WHEREAS, LDC Section 139-1(b)(3)c. allows any developer or property owner who
4 believes that they may be eligible for relief from the strict application of the inclusionary housing
5 requirements to petition the Board of County Commissioners for relief; and
6
7 WHEREAS, the Board of County Commissioners makes the following Findings of Fact:
8
9 1. Pursuant to LDC Section 139-1(b)(3)b., the Board of County Commissioners may
10 reduce, adjust, or waive the inclusionary housing requirements; and
11
12 2. Based on LDC Section 139-1(b)(2)a., the applicant is proposing to redevelop 48
13 existing market-rate dwelling units.
14 a. These units were not mobile home units;
15 b. The applicant would be required to provide twenty-one (21) deed-restricted
16 affordable and/or employee housing units;
17 c. The applicant is proposing to provide twenty-one (21) of the required affordable
18 units through linkage pursuant to LDC Section 139-1(c); and
19 d. The applicant is seeking linkage to affordable housing units in the lower keys
20 planning area rather than the Upper Keys.
21
22 3. Prior to the issuance of certificate of occupancy for the proposed redevelopment, the
23 applicant must obtain approval of the requested waiver or demonstrate compliance with the
24 inclusionary housing requirements of LDC Section 139-1(b).
25
26 4. The development has the following unique conditions/circumstances:
27 a. The subject property is a condominium association consisting of 48 dwelling units
28 and common elements; and
29 b. The proposed redevelopment is anticipated to increase the need for affordable or
30 employee housing; and
31 c. The 48 existing dwelling units were not and are not serving as mobile homes or as
32 existing affordable housing stock.
33
34 5. In accordance with LDC Section 139-1(b)(3)b., based on the above specific findings
35 of fact, the Board of County Commissioners concludes that:
36 a. Strict application of the requirements would produce a result inconsistent with the
37 Comprehensive Plan or the purpose and intent of this subsection;
38 b. Due to the nature of the proposed residential development, the development furthers
39 Comprehensive Plan policies and the purpose and intent of this subsection through
40 means other than strict compliance with the requirements set forth herein;
BOCC Resolution No.415 -2018
File#2018-092 Page 2 of 4
1 c. The developer or property owner demonstrates an absence of any reasonable
2 relationship between the impact of the proposed residential development and
3 requirements of this subsection (b); or
4 d. The strict application with the requirements set forth herein would improperly
5 deprive or deny the developer or property owner of constitutional or statutory rights.
6
7 WHEREAS, the Board of County Commissioners makes the following Conclusions of
8 Law:
9
10 1. The County suffered major damage or destruction of more than 4,000 housing units
11 during Hurricane Irma, which struck the Florida Keys on September 10, 2017; and
12 2. Over 3,600 of those housing units majorly damaged or destroyed were in the lower
13 keys geographic planning area; and
14 3. The applicant proposes linking an upper keys redevelopment to lower keys
15 affordable housing units in order to contribute to the replacement of housing units in the
16 lower keys; and
17 4. The applicant meets criteria 2 as outlined in LDC Section 139-1(b)(3)b.: Due to the
18 nature of the proposed residential development, the development furthers Comprehensive
19 Plan policies and the purpose and intent of the inclusionary housing regulations through
20 means other than strict compliance with the requirements set forth in the LDC; and
21 5. Based on the Findings of Fact, the Board of County Commissioners has determined
22 that the applicant is eligible for relief from the strict application of the inclusionary housing
23 requirements.
24
25 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
26 COMMISSIONERS OF MONROE COUNTY, FLORIDA;
27
28 Section 1. The request by Bart Smith of Smith/Hawks on behalf of GV Termination Trustee, LLC
29 and Residences ORC, LLC for a waiver/adjustment to the County's inclusionary housing
30 requirements, pursuant to Section 139-1(b)(3) of the Monroe County Land Development Code, is
31 approved. In order to assure the linkage provides funding for construction of housing that has not
32 already been pre-determined to be affordable, and developed by not for profits with a mission of
33 building affordable housing, redevelopment of the subject property may meet inclusionary housing
34 requirements through linkage to affordable housing units in the lower keys geographic planning
35 area, provided that the linkage is to:
36 1. Units built by the Florida Keys Community Land Trust, that have not yet executed an
37 affordable housing deed restriction; and/or
38 2. Units built by Habitat for Humanity of the Lower Keys at their Cudjoe Key development
39 site (RE#s 00178350-000000 through 00178380-000000); Prior to receiving Certificates
40 of Occupancy for the market rate units at Residences ORC, LLC, building permits at the
41 Habitat-Cudjoe site must be issued and the site must pass its first structural inspection
BOCC Resolution No.415 -2018
File#2018-092 Page 3 of 4
1 within the approved scope of work for the issued permit(s) for the required number of
2 affordable housing units.
3
4 The applicant shall provide Planning staff with the executed contracts between the affordable
5 housing organizations listed above and the Residences ORC, LLC showing the details of the linkage
6 agreement(s)prior to approval and recording of the required linkage documents.
7
8 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
9 Florida, at a regular meeting of the Board held on the 20th day of November , 2018.
10
11
12 Mayor Sylvia J. Murphy, District 5 No
13 Mayor Pro Tern Danny L. Kolhage, District 1 Yes
14 Michelle Coldiron, District 2 Yes
15 Heather Carruthers, District 3 Yes
16 David Rice, District 4 Yes
17
18
19 Attest: KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS
20 N��7 OF MONR CO Y, FLORIDA
21 ,w .. �_a..
2 7D-eputy e: erk By:
233/ C- `-'" P A yor ylvia J. Murphy
gI2p... JP (SEAL) ,
26 J✓ ` ,
---.":: MONROE COUNTY ATTORNEY
ac XP AS.IG,FARM
W'r
f
=r r=-
r
ni c> f 1 �a
F_„ r .
<_.t . . O
N
BOCC Resolution No. -2018
File#2018-092 Page 4 of 4