Item H8 � H.8
� � �, BOARD OF COUNTY COMMISSIONERS
County of Monroe � ��r�i
�r � s�� Mayor Heather Carruthers,District 3
The Florida.Keys Mayor Pro Tem Michelle Coldiron,District 2
Craig Cates,District 1
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
May 20, 2020
Agenda Item Number: H.8
Agenda Item Summary #6860
BULK ITEM: Yes DEPARTMENT: Building
TIME APPROXIMATE: STAFF CONTACT: Ed Koconis (305) 453-8727
N/A
AGENDA ITEM WORDING: A Resolution of the Monroe Board of County Commissioners
Waiving Approximately $18,749 in Building Permit Fees for a Multifamily Building Comprised of
Four (4) Affordable Employee Housing Dwelling Units, of Moderate Income Category, or Below, to
be Constructed on a Parcel Located at 22936 Overseas Highway, on Cudjoe Key, Having Real
Estate Number 00186920-000000, with a condition that all permits be no later than June 1, 2021.
ITEM BACKGROUND:
Monroe County Code Section 6-108(e) allows BOCC approval of waivers of building permit fees for
affordable housing which has/have a Development Order in effect. This request is for a building
permit fee waiver to construct a multifamily building comprised of four (4) affordable employee
housing dwelling units on Cudjoe Key. The total amount of fees to be waived is approximately
$18,749. This amount is only for the housing units. The construction value of the building
containing the four(4) two bedroom, 1-1/2 bath units is approximately $625,000.
PREVIOUS RELEVANT BOCC ACTION:
February 17, 2010 — BOCC approved Ordinance 004-2010, allowing waivers from permit fees for
construction of affordable housing intended for occupancy for those households with income up to
120% of median annual adjusted gross income in Monroe County, and allowing persons or entities
building affordable housing which uses a higher percentage median income than 120%, to apply for
such fee waivers only if the specific development project is being subsidized with or is leveraging
state or federal funding.
November 18, 2009 — BOCC approved Ordinance 036-2009, allowing not-for-profit organizations
with 501(c)(3) status from the Internal Revenue Service and constructing affordable or low income
housing as defined by state statutes, to apply for waivers from permit fees, and allowing any entity
constructing affordable low or very low income housing as defined by state statutes, to apply for
waivers from permit fees.
CONTRACT/AGREEMENT CHANGES:
N/A
Packet Pg. 2243
H.8
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Application for Building Permit Fee Waiver
Permit Fee Estimator
2019-004 LOU FINAL
Resolution waiving fees Tom Ryan Inc
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:
N/A
REVIEWED BY:
Rick Griffin Completed 04/27/2020 12:21 PM
Assistant County Administrator Christine Hurley Completed
05/03/2020 12:13 PM
Steve Williams Completed 05/04/2020 8:42 AM
Maureen Proffitt Completed 05/04/2020 2:58 PM
Purchasing Completed 05/04/2020 3:34 PM
Budget and Finance Completed 05/04/2020 3:35 PM
Maria Slavik Completed 05/04/2020 4:10 PM
Ed Koconis Completed 05/04/2020 4:21 PM
Kathy Peters Completed 05/04/2020 7:15 PM
Board of County Commissioners Pending 05/20/2020 9:00 AM
Packet Pg. 2244
H.8.a
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County of Monroe
Planning&Environmental Resources Department k \ Board of County Commissioners:
Murray Nelson Government&Cultural Center is z3 Mayor Sylvia J.Murphy,District 5
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102050 Overseas Highway #f 1h� Mayor Pro Tern Danny L.Kolhage,District 1
Key Largo,FL 33037 " � Michelle Coldiron,District 2
Voice: (305)289-2500 Heather Carruthers,District 3
FAX: (305)289-2536 � David Rice,District 4
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We strive to be caring,professional, and fair.
Via email to cweinhoferkswhfla.com
�
June 27,2019
Christina Weinhofer c
Sweetwater Homes Z
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30051 Pond Ln.
Big Pine Key, FL 33043
Subject:Letter of Understanding concerning proposed development of five (5) attached deed restricted affordable
employee housing units at 22936 Overseas Highway Cudjoe Key, Monroe County, FL, having Parcel ID# ii
00186930-000000 and 00186920-000000(File#2019-004)
Ms.Weinhofer, c
Pursuant to Section 110-3 of the Monroe County Land Development Code (LDC), also referred to as "the Code", 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,applicable Comprehensive Plan policies and the views and concerns of the County. The substance of the Pre-Application Conference held on February 21,2019,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.
i
The applicant is requesting a Letter of Understanding (LOU)to establish whether,and if so via what process, a five-unit
employee housing apartment may be developed at 22936 Overseas Hwy, Cudjoe Key(the "Property"). i
In attendance at the pre-application conference were:
■ Christina Weinhofer,Agent for the Applicant
■ Tom Ryan, Owner N
■ Liz Lustberg, Planner,Monroe County
■ Brad Stein, Planning Review Manager, Monroe County
■ Brittany Burtner, Environmental Planner, Monroe County
Materials presented for review included:
■ Site plan, foundation plan, and elevation plan by Carl H. Schror, P.E. dated August 2018
I.APPLICANT PROPOSAL
The applicant is proposing a two story, five unit, multifamily building, for an affordable employee housing
apartment at 22936 Overseas Hwy, Cudjoe Key.
LOU File 2019-004 Page 1 of 13
22936 Overseas Highway, Cudjoe Key Packet Pg. 2249
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II. SUBJECT PARCEL
1. The Property has the address 22936 Overseas Highway, Cudjoe Key and is legally described as Block 1,Lots 4 and
5, Cudjoe Ocean Shores Subdivision, Plat Book 5, Page 107, having Parcel ID Numbers 00186930-000000 and
00186290-000000.
2. The Property is currently undeveloped but has been used for storage and has a Tier III map designation.
3. The Property is located on U.S. 1 mile marker 23 Oceanside on Cudjoe Key. It consists of two (2) lots that are
bordered to the north by US. 1, followed by undeveloped land. To the west it is bordered by light industrial use.
To the east and south it is bordered by single family residences.
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4. A signed and sealed boundary survey of the Property was not submitted as part of this application.According to the r
Monroe County Property Appraiser (MCPA), the Property consists of 13,562 square feet (0.3113 acres). >,
Calculations provided within this LOU are subject to change based on a current signed and sealed boundary survey. W
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III. RELEVANT PRIOR COUNTY ACTIONS
No relevant prior County actions.
IV. DEFINITIONS,PURSUANT TO LAND DEVELOPMENT CODE (LDC) SEC. 101-1
Affordable housing.
(1) Affordable housing means residential dwelling units that meet the following requirements:
LOU File 2019-004 Page 2 of 13
22936 Overseas Highway, Cudjoe Key Packet Pg. 2250
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a. Meet all applicable requirements of the United States Department of Housing and Urban Development
minimum property standards as to room sizes, fixtures, landscaping and building materials, when not in
conflict with applicable laws of the county; and
b. A dwelling unit whose monthly rent,not including utilities,does not exceed 30 percent of that amount which
represents either 50 percent(very low income) or 80 percent(low income) or 100 percent(median income)
or 120 percent(moderate income) of the monthly median adjusted household income for the county.
(2) Affordable housing owner occupied, low income, means a dwelling unit occupied only by a household whose
total household income does not exceed 80 percent of the median monthly household income for the county.
(3) Affordable housing owner occupied, median income, means a dwelling unit occupied only by a household whose
total household income does not exceed 100 percent of the median monthly household income for the county.
(4) Affordable housing owner occupied, moderate income, means a dwelling unit occupied only by a household
whose total household income does not exceed 160 percent of the median monthly household income for the c
county.
(5) Affordable housing owner occupied, very low income, means a dwelling unit occupied only by a household whose c
total household income does not exceed 50 percent of the median monthly household income for the county.
(6) Affordable housing trust fund means a trust fund established and maintained by the county for the purpose of
preserving existing and promoting creation of new affordable and employee housing. Funds collected for and
deposited in the trust fund shall be used exclusively for purposes of creating,preserving or maintaining affordable
and employee housing in the Florida Keys.
(7) Affordable rental housing, low income, means a dwelling unit whose monthly rent, not including utilities, does
not exceed 30 percent of the amount that represents up to 80 percent of the monthly median adjusted household
income for the county.
(8) Affordable rental housing, median income, means a dwelling unit whose monthly rent, not including utilities,
does not exceed 30 percent of the amount that represents up to 100 percent of the monthly adjusted median =
household income for the county.
(9) Affordable rental housing, moderate income, means a dwelling unit whose monthly rent, not including utilities,
does not exceed 30 percent of the amount that represents up to 120 percent of the monthly median adjusted
household income for the county.
(10) Affordable rental housing, very low income, means a rental dwelling unit whose monthly rent, not including
utilities,does not exceed 30 percent of the amount that represents up to 50 percent of the monthly median adjusted
household income for the county.
(11) Employee housing means an attached or detached dwelling unit that is intended to serve as affordable,permanent
housing for working households, which derive at least 70 percent of their household income from gainful
employment in the county and meet the requirements for affordable housing as defined in this section and as per ri
section 139-1.
(12) Employer-owned rental housing means an attached or detached dwelling unit owned by a firm, business,
educational institution,non-governmental or governmental agency, corporation or other entity that is intended to N
serve as affordable,permanent housing for its employees. This category of employee housing shall be located on
the same parcel of land as the nonresidential use. 03
(13) Inclusionary housing means the resulting affordable and/or employee housing created or preserved with the
development and/or redevelopment of a parcel where provisions of approved development agreements or orders Zu
implement and promote affordable and/or employee housing goals, objectives and policies contained in the plan
by requiring set-asides for affordable and/or employee housing units.
(14) Median income, rental rates and qualifying incomes table, means eligibility requirements compiled each year by
the planning department based upon the median annual household income published for the county on an annual
basis by the U.S. Department of Housing and Urban Development and similar information for median and
moderate income levels from the Florida Housing Finance Corporation. Affordable housing eligibility
requirements for each household will be based upon median annual household income adjusted by family size,as
set forth by the U.S. Department of Housing and Urban Development and the Florida Housing Finance
Corporation. The county shall rely upon this information to determine maximum rental rates and maximum
household incomes eligible for affordable housing rental or purchase.
(15) Monthly median household income means the median annual household income for the county divided by 12.
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22936 Overseas Highway, Cudjoe Key Packet Pg. 2251
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(16) Deed restriction, affordable housing means a recorded restriction on a residential dwelling unit for a period of 99
years restricting occupancy and/or purchase to households that meet the requirements of the income categories
listed above.
Buildable acre means the upland portion of a parcel that is not required open space required by section 130-157. Also see
"net buildable area."
Capacity means the capability of a facility to serve the needs of a user such as the number of vehicles a road can safely and
efficiently carry.
Grade means the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a 6
structure, or the crown or curb of the nearest road directly adjacent to the structure, whichever is higher. To confirm the
natural elevation of the ground surface, prior to construction, the county shall utilize the Light Detection and Ranging
(LiDAR) dataset for Monroe County prepared in 2007 and other best available data, including, but not limited to, pre-
construction boundary surveys with elevations, pre-construction topographic surveys, elevation certificates and/or other c
optical remote sensing data.
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Height means "the vertical distance between grade and the highest part of any structure, including mechanical equipment,
but excluding the following: chimneys; spires and/or steeples on structures used for institutional and/or public uses only;
radio and/or television antenna, flagpoles; solar apparatus; utility poles and/or transmission towers; and certain antenna
supporting structures with attached antenna and/or collocations as permitted in Chapter 146.However,in no event shall any
of the exclusions enumerated in this definition be construed to permit any habitable or usable space to exceed the applicable cp
height limitations. In the case of airport districts, the height limitations therein shall be absolute and the exclusions 'y
enumerated in this definition shall not apply.
Median annual household income means the median of annual household income (per household size) as published for the
county on an annual basis by the U.S. Department of Housing and Urban Development.
0
Open Space means (in relation to open space ratio calculations)that portion of any parcel or area of land or water that is �--
required to be maintained such that the area within its boundaries is open and unobstructed from the ground to the sky(This
definition is not intended to exclude vegetation from required open space).
i
Open space ratio (OSR) means the percentage of the total gross area of a parcel that is open space.
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Setback means the area between a building or structure and the property line of the parcel of land on which the building or
structure is located,unoccupied and unobstructed from the ground upward,except for fences or other development permitted d
in the area as provided for in this Land Development Code. In measuring a setback, the horizontal distance between the
property line and the furthermost projection of the building or structure shall be used. Further,the setback shall be measured
at a right angle (90 degrees)from the property line.
Trip generation means the attraction or production of trips caused by a given type of land development.
V. REVIEW
1. The following regulations directly affect the proposal;however,please note that there may be other regulations not
referred to nor described in this LOU which may govern development.
2. As stated above, the Property is located within a Suburban Commercial (SC) zoning district and is designated as
Mixed Use/Commercial(MC) on the Future Land Use Map (FLUM).
3. Based on information provided,the applicant is proposing to develop the site with one (1) 5-unit affordable
employee housing apartment.
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22936 Overseas Highway, Cudjoe Key Packet Pg. 2252
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4. Pursuant to Policy 101.5.6, "The principal purpose of the Mixed Use/Commercial(MC)future land use category is
to provide for the establishment of mixed use commercial land use (zoning) districts where various types of
commercial retail and office may be permitted at intensities which are consistent with the community character and
the natural environment. Employee housing and commercial apartments are also permitted. In addition, Mixed
Use/Commercial land use districts are to establish and conserve areas of mixed uses,which may include maritime
industry, light industrial uses, commercial fishing, transient and permanent residential, institutional, public, and
commercial retail uses.
This future land use category is also intended to allow for the establishment of mixed use development patterns,
where appropriate.Various types of residential and nonresidential uses may be permitted;however,heavy industrial
uses and similarly incompatible uses shall be prohibited. The County shall continue to take a proactive role in
encouraging the preservation and enhancement of community character and recreational and commercial working
waterfronts...".
5. Pursuant to Comprehensive Plan Policy 101.5.25, the following density and intensity standards apply in the MC
FLUM:
Z
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Future Land Use Densities and Intensities
Residential Nonresidential Minimum
Future Land Use Open Space
Category And Allocated Density(a) Maximum Net Maximum Intensity Ratio
Corresponding (per upland acre) Density (floor area ratio)
Zoning p (per buildable acre)
0
Mixed 1 du (DR, MU,MI) 2 du (MI) 0.10-0.45
Use/Commercial 3 du(SC) 6-18du(SC)�> (SC, UC, DR, MU)
(Mc)(f)(g) 6 du (Uc) 12 du(Uc) 0.20
(SC, UC, DR, RV, Commercial 12-18 du(MU)�� <2,500 SF(RV) �
MU and Apartments (RV) N 18 du(DR)
MI zoning) 0.30-0.60 (MI)
5-15 rooms/spaces 10-25 rooms/spaces z
Notes:
(b) The Maximum Net Density is the maximum density allowable with the use of TDRs, or for qualifying Ile I
affordable housing development. TDRs can be utilized to attain the density between the allocated density
standard up to the maximum net density standard. Deed restricted affordable dwelling units may be built up to
the maximum net density without the use of TDRs. "N/A"means that maximum net density bonuses shall not be ci
available.Buildable acres means the portion of a parcel of land that is developable and is not required open space.
(k)The maximum net density shall be 25 du/buildable acre for the UR zoning district and shall be 18 du/buildable
acre for the MU and SC zoning district for development where all units are deed restricted affordable dwelling
units. For the UR zoning district market rate housing may be developed as part of an affordable or employee
housing project with a maximum net density not exceeding 18 du/buildable acre.
LOU File 2019-004 Page 5 of 13
22936 Overseas Highway, Cudjoe Key Packet Pg. 2253
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Maximum Development Potential in the SC Zoning District/MC FL UM Category:
Future Land Use Maximum Max Possible Proposed Potential Used
Map (MC) DU Size of site DU DU
Residential Density
Allocated Density 3 0.3113 acre 0 0 0%
upland
Max Net(TDRs) 6 0.249 buildable 1 0 0%
acre
-71
Max Net 18 0.249 buildable 4 5 125%
(Affordable) acre
The proposed residential density exceeds the density permitted by the Comprehensive Plan. A maximum of
four(4) units are the allowed. c
6. Pursuant to Policy 601.1.4, All affordable housing projects which receive development benefits from Monroe
County, including but not limited to ROGO allocation award(s) reserved for affordable housing, maximum net
density,or donations of land,shall be required to maintain the project as affordable for a period of 99 years pursuant
to deed restrictions or other mechanisms specified in the Land Development Code, and administered by Monroe
County or the Monroe County Housing Authority.
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The units designated as affordable employee housing must be deed restricted for 99 years.
7. Pursuant to Sec. 130-45, "The purpose of the SC district is to establish areas for commercial uses designed and c
intended primarily to serve the needs of the immediate planning area in which they are located.This district should
be established at locations convenient and accessible to residential areas to reduce trips on U.S. L"
0
8. Pursuantto Sec. 130-93(a)(1),attached and detached dwellings involving less than six units,designated as employee
housing as provided for in section 139-1 are a permitted use in the SC Zoning District.
Therefore, the development of four (4) affordable employee housing units on the Property could be
accomplished through a building permit.
9. Pursuant to Sec. 130-57,the maximum permanent residential density and minimum open space are: i
Maximum Permanent Residential Density and Minimum Open Space
Maximum Net
Allocated Density�a��e� (a)(►�)(�) Minimum Open Space
Land Use District DU/Gross Acre of Upland Density Ratio
�d�
DU/Buildable Acre �.
Suburban 3.0 TDRs: 6.O(e) 0.20
Commercial (SC) Affordable: 18.0(e)
(c) Maximum Net Density is the maximum density allowable with the use of the TDRs, or for qualifying
affordable housing development. TDRs can be utilized to attain the density between the allocated density
standard up to the maximum net density standard. Deed restricted affordable dwelling units may be built
up to the maximum net density without the use of TDRs. "N/A"means that maximum net density bonuses
shall not be available. Buildable acres means the portion of a parcel of land that is developable and is not
required open space.
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Maximum Develo ment Potential in the SC Zoning District:
Land Use District Maximum Max Possible Proposed %Used
and Use DU Size of site DU DU
Suburban
Commercial SC
Allocated Density 3 0.3113 acre 0 0 0%
up and
Max Net(TDRs) 6 0.249 buildable 1 0 0%
acre _
Max Net(Affordable) 18 0.249 buildable 4 5 125%
acre
10. Pursuant to Sec. 130-57,in the SC district,there is a required open space ratio of 0.20 or 20%. Therefore,in
order to be in compliance,the site would require 2,714.4 square feet of open space. 0
Z
11. Residential ROGO Allocations will be required for the proposed affordable residential dwelling units.
Sec. 138-24, Residential ROGO Allocations
(a) Affordable housing allocation awards and eligibility.
m
(1) The definition of affordable housing shall be as specified in Sections 101-1 and 139-1.
(2) Any portion of the affordable housing allocation not used for affordable housing at the end of a ROGO C
year shall be made available for affordable housing for the next ROGO year.
(3) No affordable housing allocation shall be awarded to applicants located within a Tier I designated area,
within a V-zone on the county's flood insurance rating map, or within a Tier 111-A (special protection
area) designated area.
(4) Only affordable housing allocations for Big Pine Key may be used on Big Pine Key. No affordable
housing allocation may be used on No Name Key.
(b) Dwelling unit allocation required. The county shall issue no building permit for a dwelling unit unless such
dwelling unit: M
(1) Has a dwelling unit allocation award; or
(2) Is exempted from the dwelling unit allocation system pursuant to this chapter or is deemed vested J
pursuantto Section 138-22.
12. Pursuant to Sec. 139-L(a)(1)b. Develop affordable and employee housing, as defined in Section 101-1, on parcels
of land classified as Suburban Commercial (SC) at an intensity up to a maximum net residential density of 18 F
dwelling units per acre and on parcels of land classified as Urban Residential(UR)at an intensity up to a maximum
net residential density of 25 dwelling units per acre.
13. The proposed affordable housing dwelling units are required to be deed restricted as affordable employee
rental housing based off the median income levels of the Monroe County and the qualifying tenants must
make 70%of their income in Monroe County. See LDC Section 139-1(a)(6),(7) and(8)below:
6) In order for the owner of a parcel of land to be entitled to the incentives for affordable or employee housing
outlined in this section and Chapter 138,Articles 11 and 111,the owner must ensure that:
a. The use of the affordable housing dwelling unit is restricted to households that meet the adjusted gross
annual income limits for median-income as defined in Section 101-1;
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b. Except as provided for under the special provisions for employer-owned rental housing as set forth under
subsection (a)(6)k of this section, if the affordable housing dwelling unit is designed for employee
housing, the use of the dwelling is restricted to households that derive at least 70 percent of their
household income from gainful employment in the county and meet the adjusted gross annual income
limits for median income as defined in Section 101-1.
c. The use of the affordable or employee dwelling unit is restricted for the period specified in Section 101-
1.
d. Tourist housing use or vacation rental use of affordable or employee housing units is prohibited.
e. The parcel of land proposed for development of affordable or employee housing shall only be located
within a tier III designated area or, within a tier III-A (special protection area) designated area that does
not propose the clearing of any portion of an upland native habitat patch of one acre or greater in area.
f. At the time of sale of an owner-occupied affordable unit, the total income of households eligible to 2
purchase shall not exceed 120 percent of the median household income for the county. However, a unit
within a class of affordable housing eligibility may only be sold to a household within that same class,
i.e., a median income household that purchased a home within this category must sell the home to a
qualifying household within the median income category;
g. During occupancy of any affordable housing rental unit, not otherwise limited by state or federal statute
or rule concerning household income, a household's annual income may increase to an amount not to
exceed 140 percent of the median household income for the county. If the income of the lessee exceeds
this amount,the tenant's occupancy shall terminate at the end of the existing lease term. The maximum
lease for any term shall be three years or 36 months;
h. Affordable housing projects shall be no greater than 20 units unless approved by resolution of the county
CD
Planning Commission. The Planning Commission's decision may be appealed to the BOCC using the .9
procedures described in Section 102-185, with the BOCC serving as the appellate body for the purpose 22
of this section only;
i. When establishing a rental and sales amount,the county shall assume family size as indicated in the table
below. This section shall not be used to establish the maximum number of individuals who actually live
in the unit. This table shall be used in conjunction with the eligibility requirements created by Section
101-1:
Size of Unit Assumed Family Size Minimum Occupancy
Efficiency(no separate bedroom) 1 1
One bedroom 2 1
Two bedroom 3 2
Three bedroom 4 3
Four or more bedroom 5 1 per bedroom ,
j. Except for tenants of employer-owned rental housing, as set forth in subsection (a)(6)k. of this section,
the income of eligible households shall be determined by counting only the first and highest paid 40 hours
of employment per week of each 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
k. In the special case of employer-owned rental housing, as defined in Section 101-1, employees shall be
eligible as tenants of the affordable rental housing,if the income of each tenant,as determined following
the requirements in subsection (a)(6)j. of this section, is not more than the 80 percent of the median
income adjusted gross income for households within the county. The tenants of this affordable employee
housing shall be required to derive at least 70 percent of their income from within the county. The
maximum occupancy of employer-owned rental housing for employees shall be no more than two tenants
per bedroom; with a maximum of three bedrooms per unit. The total monthly lease charged tenants for
each dwelling unit shall not exceed 30 percent ofthe median adjusted gross annual income for households
within the county, divided by 12.
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(7) Commercial apartment dwelling units, as defined in Section 101-11 shall only be eligible for the incentives
outlined in this section if they meet the requirements of subsection (a)(6) of this section for employee
housing.
(8) If an affordable or employee housing project or an eligible commercial apartment designated for employee
housing contains at least five dwelling units, a maximum of 20 percent of these units may be developed as
market rate housing dwelling units. The owner of a parcel of land must develop the market rate housing
dwelling units as an integral part of an affordable or employee housing project. In order for the market rate
housing dwelling units to be eligible for incentives outlined in this section,the owner must ensure that:
a. The use of the market rate housing dwelling unit is restricted for a period of at least 30 years to
households that derive at least 70 percent of their household income from gainful employment in
the county; and
b. Tourist housing use and vacation rental use of the market rate dwelling unit is prohibited.
14. The required setbacks for the SC Zoning District are provided below:
Sec. 13 1-1 Required Setbacks
0
Land Use District/ Primary Secondary Primary Secondary Rear Yard
Land Use Front Yard Front Yard Side Yard Side Yard (ft.)
ft. ft. ft. ft.
Suburban Commercial(SC) 25 15 10 5 10
us I NA East or East or South u"
CD
(North) West West 9
N
As indicated on site plan 32'9" 28'10" 5' 20' M
c
15. Pursuant to Sec. 131-2 Maximum Height, No structure or building shall be developed that exceeds a maximum
height of 35 feet.Exceptions will be allowed for chimneys; spires and/or steeples on structures used for institutional
and/or public uses only;radio and/or television antenna; flagpoles; solar apparatus;utility poles and/or transmission
towers;and certain antenna supporting structures with attached antenna and/or collocations as permitted in chapter W
146.Exceptions will be allowed for flood protection as specifically permitted in Policies 101.5.32 and 101.5.33 and
listed below. However, in no event shall any of the exclusions enumerated in this section be construed to permit
any habitable or usable space to exceed the maximum height limitation,except as specifically permitted in Policies
101.5.32 and 101.5.33. In the case of airport districts, the height limitations therein shall be absolute and the
exclusions enumerated in this section shall not apply.
(b) As provided in Policy 101.5.32, buildings voluntarily elevated to meet or exceed the FEMA Base Flood 23
Elevation(BFE)may exceed the 35-foot height limit as follows:
(1) For NEW single family (detached dwelling unit) and multi-family (attached dwelling unit) buildings N
which are voluntarily elevated to exceed the building's minimum required BFE, an exception of a
maximum of three (3) feet above the 35-foot height limit may be permitted. The amount of the height 03
exception shall be no greater than the amount of voluntary elevation above BFE. In no event shall a
new building exceed 38 feet in height or two(2)habitable floors. The space below the lowest habitable 2
floor of an elevated structure shall be limited to a maximum of 299 square feet of enclosed floor area
and shall be used exclusively for parking of vehicles, elevators, limited storage and/or building access
purposes. This exception shall apply to the substantial improvement of buildings,whether voluntary or
not.
The site plan provided by the applicant indicated a building height of 32.7 feet as measured from the 6.6 feet of the
crown of US 1.
16. No trash collection area was indicated on the site plan provided.
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Pursuant to Sec. 114-14, Recycling and Solid Waste Collection Areas, three (3) to 10 dwelling units require a
minimum of 144 square feet of collection area. The recycling and solid waste collection areas shall be set back a
minimum of five (5)feet from side or rear property lines and must be screened on at least three (3) sides.
17. A photometric plan demonstrating compliance with See. 114-60 and 114-161 will be required.
Pursuant to Sec. 114-160, Outdoor Lighting Standards, "Outdoor lighting, other than that used for public athletic
facilities, shall be designed, located, and mounted at a maximum height of eighteen (18) feet for noncutoff lights
and thirty-five (35) feet for cutoff lights. All lighting shall be shielded so that light does not illuminate above 45'
angled towards the ground."
Pursuant to Sec. 114-161, Maximum Illumination, "Outdoor lighting shall be designed and located such that the
maximum illumination measured in footcandles at the property line shall not exceed 0.3 footcandles for noncutoff
lights and 1.5 footcandles for cutoff lights. If illumination is desired or required for nonresidential or multifamily
(3 or more units) residential development, site plans shall include photometric lighting plans."
0
18. Based on the proposed development,a total of eight(8)off-street spaces would be required for four(4)dwelling
units that consist of either 1 or 2 bedrooms.
Sec. 114-67 Required Off Street Parking
Specific Use Category Minimum Required Number of Parking Spaces Per Indicated Unit of Measure
CD
Multifamily residential 2.0 spaces per each 1-bedroom dwelling unit; 2.0 spaces per each 2-bedroom
developments dwelling unit; and 3.0 spaces per each 3 or more bedroom dwelling unit
0
19. Pursuant to Sec. 114-196 Parallel Access,Lots that cannot meet the major road access standard in Section 114-195 m
shall take access from platted side streets, parallel streets or frontage roads. Such access shall be acquired by
installing a parallel street or frontage road,through combined parking lots or by combining lots by sharing drives,
c
or the provision of easements of access.However,if any permanent access is constructed pursuant to an agreement
entered into under this section and such construction would otherwise render the structure located on the subject lot
nonconforming under any other section of this chapter, then such structure shall be considered conforming under
those other sections regardless of the terms thereof.
i
Pursuant to Sec. 114-199 Nonconforming Access, No use fronting on U.S. 1 or County Road 905 shall receive a
permit for a change of use, expansion or substantial improvement unless it is brought into conformance with this i
article by provision of combined drives or parallel access,and with any access standards or requirements of FDOT.
US 1 and the associated right-of-way is controlled by Florida Department of Transportation (FDOT). The N
applicant shall coordinate with FDOT to create access drives to the Property and demonstrate compliance
with the Code.
20. Pursuant to Sec. 114-200, a traffic study will be required. The type will be determined by the estimated trip
generation. Required Traffic Studies
Gross Daily Trip Generation* Project Location Type of Report Required
11 -249 Segments of U.S.1 designated as Level 1
Inadequate Capacity or Marginally
Adequate Capacity according to the
biennial assessment of public facilities
capacity report (see Sec. 114-2).
250 - 500 All Areas Level 2
>500 All Areas Level 3
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*Gross Daily Trip Generation shall be calculated in accordance with the methods used in the Institute of
Transportation Engineers,Trip Generation Manual, current edition.
21. The site plan provided indicates clear site triangle compliant with Sec. 114-201(a).
Distances in eet
Type of Street A* I B**
Local streets 20 1 150
*A is the distance from the edge of pavement of the street,bicycle path,or shared use path, as applicable,to the -�
point on the drive at which clear sight distance is required.
**B is the distance measured along the centerline of the street, from the centerline of the entrance to the point
where an oncoming vehicle or bicycle must be visible.
22. The Property is located within the Lower Keys Livable CommuniKeys Plan (LCP), but the Property is not within
any community center overlay districts. The following LCP items are applicable to the property and the proposed
development:
Goal 4
Monroe County shall pursue locations, solutions, and partnerships to establish an affordable housing base for a)
the Lower Keys residents and workers,while also ensuring compatibility between new and existing residential
development.
Objective 4.2 0
Monroe County shall encourage affordable and workforce housing in areas identified appropriate for higher m
intensity commercial,mixed-use, and residential development.
0
Policy Item 4.2.4:
Monroe County is encouraged to require new developments in areas designated for higher density mixed use
development to supply or fund employee, affordable and workforce housing in return for receiving new
dwelling unit or commercial floor space allocations.
i
23. Pursuant to Sec. 114-3, Surface Water Management Criteria, all applications for a County building permit will be
required to contain a stormwater management plan. It is the responsibility of the applicant to include sufficient
information in the stormwater management plan for the Planning Director to evaluate the environmental and CD
stormwater discharge characteristics of the affected areas, the potential and predicted impacts of the proposed
activity on community waters,and the effectiveness and acceptability of those measures proposed by the applicant
for reducing adverse impacts. The stormwater management plan shall contain maps, charts, graphs, tables,
photographs, narrative descriptions, calculations, explanations, and citations to supporting references, and any
additional information deemed necessary by the Planning Director. The stormwater management plan must be
sealed by an engineer registered in the state with experience in stormwater management and drainage design.
A stormwater management plan will be required.
24. Pursuant to Sec. 114-200, Required Landscaping, all off-street parking areas containing more than six (6) spaces
shall be landscaped in accordance with the following standards:
(1) Interior landscaping shall be installed in landscape areas designated for the purposes of controlling traffic,
providing shade, screening unnecessary views into and within the vehicular use areas, and separating
parking circulation and service areas.
(2) Parking lots shall be designed to be sustainable and to function as part of the development's stormwater
management system, utilizing vegetated islands as bioretention/swale areas, at/or below grade and with
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curb cuts. Existing natural drainage ways and vegetated channels shall be incorporated into the design,
rather than the standard soil mounding, continuous concrete curb and gutter configuration, to decrease
flow velocity and allow for stormwater infiltration.
(3) Landscaping shall be provided in a square footage area equal to a minimum of twenty percent (20%) of
the gross parking lot area (includes both parking and vehicular use area). Calculations to verify these
requirements shall be shown on the landscape plan per Section 114-108. Such required parking lot
landscaping area shall be in addition to other required bufferyards.
(4) No required parking lot landscaping area shall have any dimension less than five (5)feet.
(5) For all off-street parking areas containing twenty (20) or more spaces a terminal island shall be provided
at the end of each row of parking adjacent to the travel lanes or parking aisle serving the parking.
(6) Island landscape areas shall be provided for at least every ten(10)parking spaces in a row. c�
(7) One (1) tree shall be required for every one thousand (1,000) square feet, or fraction thereof, of gross 2
parking lot area (includes both parking and vehicular use area). Every island shall have a minimum one
(1) canopy tree.
(8) Four (4) shrubs/groundcover shall be required for every one thousand (1,000) square feet, or fraction E
thereof, of gross parking lot area(includes both parking and vehicular use area).
(9) 100%of required parking lot landscaping material shall be native species, as listed in Section 114-105. 0
(10) A minimum of fifty percent (50%) of the required trees shall be native canopy species, as defined in
Section 114-105, and shall have a minimum of twenty(20)feet on-center spacing.
(11) A minimum of forty percent(40%) of the required trees shall be native understory species, as defined in
Section 114-105.
(12) A maximum of ten percent(10%) of the required trees may be native palm species, as defined in Section
CD
114-105. 9
(13) Turf shall not be used in any of the parking lot islands; instead, canopy trees, shrubs and groundcovers 22
shall be used.
(14) Existing native plant material that is retained and meets the planting requirements relative to location, size
and species may be counted toward the total planting requirement of this section.
(15) Landscaping on each island shall be located so as not to cause a traffic hazard. Visibility must be
maintained for traffic movements. Shrubs shall not exceed thirty (30) inches in height, and trees shall be
kept with at least four(4)feet of clear trunk.
Parking lot landscaping will not be required for spaces located under the proposed building.
i
25. Pursuant to Sec. 114-125(b), Scenic Corridor, all development of land that fronts on U.S. 1 shall provide a major J
street buffer in accordance with Section 114-127. erg
A class C major street buffer along the property line fronting U.S. 1 will be required.
cv
VI. PROCESS
1. To proceed with a development of 4 dwelling units deed restricted as affordable employee housing will require a
building permit, affordable ROGO allocations,and appropriate deed restrictions.
2. Prior to the issuance of any building permits,all proposed development shall be found in compliance by the Monroe
County Building Department and the Monroe County Office of the Fire Marshal. Staff recommends that the
Applicant coordinate with these offices prior to application submittal. The Department does not review for
compliance with the Florida Building Code.
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.
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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.
Sincerely yours,
Cheryl Cioffari,AICP
Acting Senior Director of Planning and Environmental Resources
Z
0
CC111
cc: Liz Lustberg, Planner
Brad Stein, Development Review Manager
Brittany Burtner, Environmental Planner
Mike Roberts, Senior Administrator of Environmental Resources
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0
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1
2 r�
4
5
6 MONROE COUNTY, FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
8 RESOLUTION NO. - 2020
9
10 A RESOLUTIONOFT E MONROE COUNTY BOARDFCOUNTY
Z
11 COMMISSIONERS WAIVING APPROXIMATELY $18,749 IN BUILDING
1.2 PERMIT FEES FOR A MULTIFAMILY BUILDING COMPRISED F" >
13 FOUR(4)AFFORDABLE EMPLOYEE USIl WELLIN UNITS,OF
14 MODERATE INCOME CATEGORY, OR BELOW, TO BE �
15 CONSTRUCTED ON A PARCEL LOCATED AT 22936 OVERSEAS
16 HIGHWAY, ON CUDJ E KEY HAVING REAL ESTATE; (RE) NUMBER
17 00186920-0 0 00.
18
19 WHEREAS, on November 18, 2009 the Monroe County Board of County Commissioners
20 ("Board") passed and adapted Ordinance 036-2009, alloying building permit fee waivers for W
21 entities building low income housing leveraging state or federal funds, or affordable housing as
22 defined by state statutes; and
23 WHEREAS, on February 10, 2010, the Board passed and adopted Ordinance 004-2010,
24 allowing waivers for housing for households up to 1.20% of median income in Monroe County, 0
25 Housing exceeding 120% may also apply for a waiver if the specific project for development is �
6 being subsidized with or is leveraging state or federal funding, and
27 WHEREAS, on March 14, 2020 Christina Weinhofer, Agent for the Applicant Tom Ryan
28 Inc. submitted the Application for Building Permit Fee Waiver. The legislative intent of this
29 resolution is that the instant waiver shall apply to the: building permit applicant of records and
0
30 WHEREAS, Monroe County Code Section 6-108(e) allows the Board approval for �
31 waivers of building permit fees for affordable housing which have a Development Order in effect.
32 The Applicant of record is requesting a building permit fee waiver of approximately $18,749 to �
33 construct a multifamily building comprised of four (4) affordable two bedroom, one and one-half
34 bathroom moderate income housing units at 2236 Overseas Highway on Cudjoe Ivey.
35 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
36 COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
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Packet Pg. 2262
37 The foregoing recitals are true and correct and are hereby incorporated as if fully stated
38 herein; and
39 Building permit fees are waived pursuant to Monroe County Code Section 6-108(e) for the
40 multi-family building comprised of the four (4) affordable housing units described herein with the
41 condition that evidence of an Affordable Housing Deed Restriction accepted and/or approved by
42 both the Senior Director of planning & Environmental Services and the Office of the County
43 Attorney and recorded in the Public Records of Monroe County, Florida shall be provided to the
4 Building Department and said permit is issued no later than ,Tune 1, 2021.
0
45 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
46 Florida, at a regular meeting held on the day of , 2020.
47 Mayor Heather Carruthers
48 Mayor Pro Tenn Michelle Coldiron �
49 Commissioner Craig Cates
50 Commissioner David Rice
51 Commissioner Sylvia Murphy
52
3
54 (SEAL,) BOARD OF COUNTY COMMISSIONERS c
55 Attest: KEVIN MADOK, Clerk: OF MONROE COUNTY, FLORIDA --
5
57 By By
58 Deputy Clerk Mayor Heather Carruthers
0
° �4ftX
TY ATTORNEY �
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