Item Q2 Q.2
County of Monroe P W
;� w 1rJ� BOARD OF COUNTY COMMISSIONERS
r,�� Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tem Holly Merrill Raschein,District 5
y Michelle Lincoln,District 2
James K.Scholl,District 3
Ij David Rice,District 4
County Commission Meeting
January 18, 2023
Agenda Item Number: Q.2
Agenda Item Summary #11572
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2500
Public Hearing
AGENDA ITEM WORDING: A Public Hearing to Review a Developer's Request for BOCC
Approval to Waive the Inclusionary Workforce Housing Requirement Applicable to Redevelopment
and a Change of Use Increasing Workforce Housing Demand from a Property Within an Existing
Commercial Shopping Located at 91200 Overseas Highway, Tavernier, at Approximate Mile
Marker 91, and currently having Property Identification Number 00089910-000100.
ITEM BACKGROUND: The applicant is redeveloping and changing the use of a property (building a
bowling alley with an arcade) within an existing commercial shopping center from commercial retail to
commercial recreation and is seeking for the Monroe County Board of County Commissioners (`BOCC")
to waive the nonresidential inclusionary workforce housing requirement mandated by Monroe County
Land Development Code ("LDC") Section 139-1(f)(4)(b.). The applicant is proposing to pursue this
construction and redevelopment as an as-of-right use within Units 19-21 of an existing shopping center
within the Suburban Commercial(SC) Land Use District.
LDC Section 1394f)(3)(c.)
Redevelopment with a Change in Use Increasing Housing Demand. Each redevelopment project with a
change of use increasing housing demand, not exempted by subsection (4), shall mitigate 50% of the
workforce housing demand created by the proposed redevelopment by one or a combination of the
methods identified in subsection (5). The workforce housing required for nonresidential development
when a new use replaces an existing use and increases housing demand—for example in this case from a
commercial retail use to a tourist/recreational use -- shall be calculated based on the square footage
proposed for conversion and/or based on the incremental increase in size of the new uses.
Total Need Created by Nonresidential Development
Land Use Total Total In- Total Floor #of Units In Lieu Fee
Category Housing Lieu Fee Area to be Required (50%of
Need per SF per Redeveloped Total In
Square (50%of Total Lieu Fee)
Foot(SF) Housing Need)
Tourist/recreational 0.000614 $104.69 6,053 SF 1.86 $316,844.29
(proposed)
Commercial Retail 0.000416 $66.72 6,053 SF 1.26 $201,928.08
Packet Pg. 3100
Q.2
(existing)
INCLUSIONARY HOUSING REQUIREMENT THAT 1 $114,916.21
IS REQUESTED TO BE WAIVED BY THE BOCC
Calculated Based on the Incremental Increase in Size of the Square (rounded up from
Footage to be Converted 0.6 per LDC)
BACKGROUND INFORMATION:
Location: Tavernier near U.S. 1 Mile Marker 91
Address: 91200 Overseas Highway
Legal Description: Full legal description in Application File
Property Identification Number: 00089910-000100
Property Owner: Puyanic Max D Trustee for Trust No. 201
Tenant: Florida Keys FEC, LLC
Agent: Ty Harris,P.A.
Size of Site: 526,686 upland square feet(per MCPA) 6,053 square foot,Units 19-21
Land Use District: Urban Commercial (UC), Sparsely Settled(SS), and Native Area(NA)
Future Land Use Map (FLUM) Designation: Mixed Use/Commercial (MC), Residential Low (RL),
Residential Conservation (RC)
Tier Designation: III(Infill Area)
Flood Zone Categories: AE9, AE8
Existing Uses: Commercial Shopping Center with Attached Commercial Recreation (Movie Theater)
Existing Vegetation/Habitat: Impervious surface,water,hammock
Community Character of Immediate Vicinity: Commercial retail,restaurant,hospital,residential
REVIEW OF APPLICATION:
All nonresidential uses not exempted shall mitigate the demand for workforce housing created by the
proposed development or redevelopment by one or a combination of the methods identified below:
1. The construction of workforce housing dwelling units on the site of the development project. The
workforce housing dwelling units shall meet the County's affordable housing restrictions as specified
in Section 139-1(b) and(c), for a period not less than 99 years;
2. The construction of workforce housing dwelling units off-site of the development project but within a
15 mile radius of the nonresidential development/ redevelopment. The workforce housing dwelling
units shall meet the County's affordable housing restrictions as specified in Section 139-1(b) and (c),
for a period not less than 99 years;
3. The deed-restriction of existing dwelling units within a 15 mile radius of the nonresidential
development/redevelopment. The workforce housing dwelling units meet the County's affordable
housing restrictions as specified in Section 139-1(b) and(c), for a period not less than 99 years;
4. The donation of land to the County, upon the acceptance of the BOCC of a proposed parcel or
parcels, may satisfy the requirements of this subsection by donating one (1) IS or URM zoned platted
lot for each workforce housing unit required but not provided through actual construction or in-lieu
fees (or a Tier III parcel or parcels of land zoned other than IS or URM as long as the donated
parcel(s) have the appropriate density available to support the development of the required number of
workforce units); and/or
5. The payment of a fee in-lieu for the inclusionary housing requirement for all or a percentage of the
workforce housing units required. The in-lieu fee shall be paid prior to issuance of a building permit
Packet Pg. 3101
Q.2
for the nonresidential development or redevelopment. All in-lieu fees shall be deposited into the
affordable housing trust fund and spent solely for the purposes allowed for that fund.
LDC Section 139-1(f)(4)(b.)
The BOCC may reduce, adiust, or waive the requirements set forth in this subsection (f.),
based on specific findings of fact, where the BOCC concludes, with respect to any
applicant, that:
1. Strict application of the requirements would produce a result inconsistent with the
Monroe County Comprehensive Plan or the purpose and intent of this subsection;
2. Due to the nature of the proposed nonresidential development, the development furthers
Monroe County 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 applicant demonstrates an absence of any reasonable relationship between the impact
of the proposed nonresidential development and requirements of this subsection (f);
4. The strict application with the requirements set forth herein would improperly deprive or
deny the applicant of constitutional or statutory rights; or
5. In the event of a declared State of Local Emergency, the BOCC adopts a resolution
recognizing that the strict application of the nonresidential inclusionary requirements
would not enhance nor protect the health, safety and welfare of the community.
Any applicant who believes that he/she may be eligible for relief from the strict application
of this section may petition the BOCC for relief under this subsection (f)(4). Any petitioner
for relief hereunder shall provide evidentiary and legal justification for any reduction,
adjustment or waiver of any requirements under this section. The petitioner shall use
generally accepted principles and methods and verifiable local information and data, and
other appropriate materials to support the requested relief.
The purpose and intent of"this subsection" are listed at Land Development Code Sections 139-
1(f)(1)—(2) [shown below]:
Packet Pg. 3102
(f) Nonresidential Inclusionary houging reqLAIrements.
(1 Puq'?Ose.Consistent with Goal f---)O'l of a-¢e Coniprehensive Plan,the J-)Urp'35e Of this SUILDSeCtlOr-I(f)is tO erISUre ffiat the reed for affordible ho
is not exacerbated by noni esldentlal and transient development,as follows:
a. Prorrote the health,safety and genes aG ,,velfare Of the citizens of the COLUIty OH'C)Ugh the hl plernentatkrn of the goals,objectives and[w- -fl
of the 2030 Monroe County Comprehensive Plan;and
b. To eo-ISL,Sre that affo dable housing opportunities are availal)lP thrOUghOLA the entire cornmunity ar�d to rnah-ttain a balanced and SUstaini.
local econorny and tf-ie proviskm of essential services;and
c. To increase ffie SUpIDly Of housing affordable to targeted ncorne groups v Jthin the cornnqunuty�,and
cL To p�'cwide a rainge of hoUSing C)PlDorttmities for those who work in MO�'VCC COLMV,, but may be U11,313le to pay market rents or market hm
prices in the corrimunity;and
e. To lncrease tr,�e percenti,'-3gg of the workfarce lMng locally and to provicle hOUSorIg oloprortUni ties for lower incorne gv'CDUJIDS drn orcler to alee
existing and anticipated holusing need-,of such persons and to n'4ntain a sscocio-ecanornic innix sin the comrnLfflity�,and
f, To address the affordaNe',vorkforce hOLISillg needs generated by the constructnon and expansion of developm�,'
and the employment flnat occurs at the nona esiderntsal/fl-anslent clevelopn')ent after the construction or expansion ts completed;and
g, To ednSUTP that afforciable workforce h0LJSk-Ig uS pmvrded to 0,4--local vvorkfarce by the employee generating&velopirrient proportonate
tf-�e demand for affordable vvor kforce housing the development creates; and
k. To ackiress markPL demands tl-'�at show that the Aiorkforce dun the County continues too reCiUll 9 moderatelly[JI-iCed I'[0Wh-[g UFlitS,parbCUIa
those oji-nose e-arnings range frwi)50 percerlt Up to 120 pem-,nt of the 0-junty's mediarl h1corre Tithe,targiet income groiups)�;and
i, To SthlLdate the private sector pu odUction of affordable vior'kforce housing and encourage the widespread distribUticn of affu'dable vdou
hOU-SiYIg 01oPr)rtUnibes fl-roughout a,11 portions of the Cornr]'nUnity,il-IdUdingvM6tlhln nev and expancfing developments,
(2) Intont.Nonresidei dad and transient use dPveI!r-)l--x-nent or redevelopment generates,a direct impyact on huusing for the workforce.The intent of d-ris
section is to ensure that tofl-pre is ari uJfQrdable SLJPPIY Of housing for the local vvorkforcc- This vAll be accornplished r)y requiring viorkforce housing
be provAed for all new development and redevelop aient n an amount proportionate to the need fo,r affordable warkfa ce hOUSil-Ig that the
nonreslderttiah and transient Usp develop nent Or redevelopment creates.The intent of d-iis SUbs-cdora is to permit nonresIcipntiai and transient
Use o'�Nrners to coi thiue to P-,t,RbIkSlh Uses cu sistei It Vdibl the Current hudding and safety standards and to ensure r.lhar as development and
redpveiopn-ipa occurs,comprehenskip plan policies regarding afforchahle hOUSing are 4irplernented.The technical SUPPOO 311d UpOn
Which r1he nomesAental inclUSicwary hCAJSfng reCiLlih-,,ments,arp,Pstablished are based UpOrs the Affcnclable Workforce Housing SLJPp.)Mt SWCJ,r for
Non-Residential Develcpr-ient,'prepared by Clarion AsscKiates, LLC, prepared in jusne 2017.
Per the applicant:
Packet Pg. 3103
Provide reason(s) for exeniplion or waiver, !request (attack addiflonal sheets if necessary) based on Hie
Monroe County Cade Section '139-1(a,)(3)b and/or 139-1(f)(4)b:
Strict application of the residential inctusionary fee its inconsistent with the purpose and iinrtent of
..............................................----—--
Code Section 139-1(e)(3)(b),. The property is, an existing vacant 6,W0 Square foot Commercial
within the Towne Center Plaza in Tavernier. The shopping center tenants come and go. The
proposed arcade use does not Increasethe Intensity"of use,of the shilopping ceinter since it is
an approvedpause in the coning classification. Additionally, application of the ordinance is
inconsistent with Chapter 380.1041(3)(f), Rorida Statutes becuase it is a change of use
...........
within the sarne zoning district, The proposed use does;not add addftlonalsquare footage.
Additional Materially Relevant Monroe County Comprehensive Plan Goals, Objectives,
and Policies have been provided below:
Objective 101.4: Monroe County shall regulate nonresidential development to maintain a
balance of land uses to serve the needs of the future population of Monroe County.
Goal 601: Monroe County shall adopt programs and policies to facilitate access by residents to
adequate and affordable housing that is safe, decent, and structurally sound, and that meets the
needs of the population based on type, tenure characteristics, unit size and individual
preferences.
Policy 601.1.9: Monroe County shall maintain land development regulations which may
include density bonuses, impact fee waiver programs, and other possible regulations to
encourage affordable housing.
Policy 601.1.13: Monroe County shall maintain land development regulations on inclusionary
housing and shall evaluate expanding the inclusionary housing requirements to include or
address nonresidential and transient development and redevelopment based on specific data and
analysis.
Objective 601.2: Monroe County shall adopt programs and policies to encourage housing of
various types, sizes and price ranges to meet the demands of current and future residents
Objective 601.3: Monroe County shall continue implementation efforts to eliminate
substandard housing and to preserve, conserve and enhance the existing housing stock,
including historic structures and sites.
Policy 601.1.13: Monroe County shall maintain land development regulations on inclusionary
housing and shall evaluate expanding the inclusionary housing requirements to include or
I Packet Pg. 3104
Q.2
address nonresidential and transient development and redevelopment based on specific data and
analysis.
In response to the applicant's above stated reasons for its waiver request, the Planning and
Environmental Resources Department's professional staff would like to note:
• The applicant did not assert that application of the nonresidential inclusionary workforce
housing requirement mandated by Section 139-1(f)(4)(b.)produces a result inconsistent
with the Monroe County Comprehensive Plan or the purpose or intent of Section 139-
1(f)(1)—(2);
• The Department of Community Affairs (now Department of Economic Opportunity)
approved the definition of"development" contained in the Land Development Code, which
encompasses this specific scenario; and
• The exception from the definition of"development" contained in Florida Statutes Section
380.04(3)(f) does not apply to this specific scenario, as this statutory subsection excepts the
following from the term "development":
A change in use of land or structure from a use within a class specified in an ordinance or rule
to another use in the same class.
In this specific scenario, the commercial retail use and commercial recreation use are two
different use classes as defined by Land Development Code (LDC) Section 101-1.
■ Commercial recreation use, indoors, means a use designed and equipped for the conduct of sports
and leisure-time activities operated as a business and providing completely enclosed recreation
activities. This definition includes, but is not limited to, indoor activities including and related to
bowling, athletic courts, miniature golf, theaters, firearm and archery shooting ranges, health and
fitness clubs and swimming pools.
■ Commercial recreation use, outdoors, means a use designed and equipped for the conduct of sports
and leisure-time activities operated as a business in outdoor areas. This definition includes, but is
not limited to, outdoor activities including and related to athletic courts, miniature golf, golf courses
and driving ranges, firearm and archery shooting ranges and swimming pools.
■ Commercial retail use means a use providing primarily for the sale of consumer goods, products,
merchandise or services at retail. Commercial retail uses are subdivided into the following intensity
classifications:
1) Commercial retail low-intensity means commercial retail uses that generate less than 50 average
daily trips per 1,000 square feet of floor area.
2) Commercial retail medium-intensity means retail uses that generate between 50 and 100 average
daily trips per 1,000 square feet of floor area.
3) Commercial retail high-intensity means retail uses that generate above 100 average daily trips per
1,000 square feet of floor area.
The Planning and Environmental Resources Department recommends denial of the developer's
waiver request. To that end, an open-ended draft resolution (attached) has been provided and
shall be completed/finalized to conform to the BOCC's decision.
PREVIOUS RELEVANT BOCC ACTION:
Packet Pg. 3105
Q.2
Development Order No. 22-94 was approved in 1994 for a minor conditional use permit for the
phased construction of a 4,251 square foot (SF) commercial retail building (Phase 1 -
Blockbuster) and for a second phase consisting of 2,030 SF to accommodate a medium intensity
commercial retail use.
The existing shopping center was approved under a Major Conditional Use permit, last modified
in 2003 with the recording of Planning Commission Resolution No. P67-02. A deviation to this
conditional use permit was approved by the Planning and Environmental Resources Department
("Department") through Department File No. 2012-127. The major conditional use permit and
site plan was also amended in 1998 the recording of Planning Commission Resolution No. P5-98
and in 1988 with the recording of Development Order No. 5-88.
On February 17, 2021, the BOCC passed and adopted Ordinance No. 001-2021, which
established the nonresidential inclusionary housing requirement through Monroe County Land
Development Code (LDC) Section 139-1(f) [Presented and Described in Greater Detail in
Subsection IV].
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: The Planning and Environmental Resources Department
recommends denial, as the applicant has not met the requirement(s),provided under LDC Section
139-1(f)(4)(b.), to waive the mandatory workforce housing fee.
DOCUMENTATION:
Staff Report- 2022-220
Ex. 1_Conceptual Site Plan
Ex.2_Life Safety Plan
Draft Resolution (PDF Copy)
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date: N/A
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Current Year Portion: N/A
Budgeted: N/A
Source of Funds:
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Packet Pg. 3106
Q.2
Revenue Producing: N/A If yes, amount: N/A
Grant: N/A
County Match: N/A
Insurance Required: N/A
Additional Details: N/A
REVIEWED BY:
Emily Schemper Completed 12/22/2022 2:15 PM
Peter Morris Completed 01/03/2023 9:14 AM
Purchasing Completed 01/03/2023 9:41 AM
Budget and Finance Completed 01/03/2023 9:42 AM
Brian Bradley Completed 01/03/2023 10:17 AM
Lindsey Ballard Completed 01/03/2023 12:38 PM
Board of County Commissioners Pending 01/18/2023 9:00 AM
Packet Pg. 3107
� F
MEMORANDUM
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MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
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To: Monroe County Board of County Commissioners N
2
iz
Through: Emily Schemper, AICP, CFM, Senior Director of Planning &Environmental Resources
From: Devin Tolpin, AICP, CFM,Principal Planner 0
cr
Date: December 20, 2022 0
Subject: A Request To Waive The Inclusionary Housing Requirement For Redevelopment With A
Change Of Use Increasing Housing Demand Of A Unit Within An Existing Commercial
Shopping Center Located At 91200 Overseas Highway, Tavernier, Mile Marker 91 0
Tavernier, Monroe County, Florida, Having Parcel Identification Number 00089910-
000100 (File 9 2022-220).
Meeting: January 18,2023
1 �
2 I REQUEST
3 The applicant is requesting a waiver of the nonresidential inclusionary housing requirement in
4 accordance with Land Development Code (LDC) Section 139-1(f)(4)b.in order to change the use of a
5 unit within an existing commercial shopping from commercial retail to commercial recreation. The
6 applicant is proposing to construct a bowling alley with arcade, an as of right use, within Units 19-21
7 of the Tavernier Towne shopping center within the Suburban Commercial(SC) Zoning District.
8 4-
9 LDC Section 139-(f)(3)c.
10 Redevelopment with a Change in Use Increasing Housing Demand. Each redevelopment project with
11 a change of use increasing housing demand, not exempted by subsection (4), shall mitigate 50%
12 of the workforce housing demand created by the proposed redevelopment by one or a 0
13 combination of the methods identified in subsection (5). The workforce housing required for
14 nonresidential development when a new use replaces an existing use and increasing housing demand
cr
15 for example in this case from a commercial retail use to a tourist/recreational use shall be calculated
16 based on the square footage proposed for conversion and/or based on the incremental increase in size
17 of the new uses.
CN
Total Need Created by Nonresidential Develo went 1
cN
Land use Total Total In- Total Floor #of Units Required In Lieu Fee cN
Category Housing Need Lieu Fee Area to be (50%of total (50%of total c"
per SF per SF Redeveloped housin need) in lieu fee
Tourist/recreational 0.000614 $104.69 6,053 sf 1.86 $316,844.29 0
(proposed)
Commercial Retail 0.000416 $66.72 6,053 sf 1.26 $201,928.08
(existing)
INCLUSIONARY HOUSING REQUIREMENT THAT 1 $114,916.21
IS REQUESTED TO BE WAIVED BY THE BOCC
calculated based on the incremental increase in size of the square (rounded up from
oota e to be converted 0.6 per LDC)
18
BOCC Staff Report
File#2022-220 Inclusionary Housing Waiver Request to BOCC Pa Packet Pg. 3108
Q.2.a
1 II BACKGROUND INFORMATION:
2 Location: Tavernier near U.S. I Mile Marker 91
3 Address: 91200 Overseas Highway
4 Legal Description: Full legal description in application File
c14
5 Parcel Identification Number: 00089910-000100 c14
6 Property Owner: Puyanic Max D Trustee for Trust No. 201 0
7 Tenant: Florida Keys FEC, LLC
8 Agent: Ty Harris,PA
9 Size of Site: 526,686 upland square feet(per MCPA) 6,053 square foot,units 19-21
10 Land Use District: Urban Commercial (UC), Sparsely Settled(SS), and Native Area(NA) cr
11 Future Land Use Map (FLUM) Designation: Mixed Use/Commercial(MC), Residential Low (RL),
12 Residential Conservation (RC)
13 Tier Designation: III(Infill Area) U)
14 Flood Zone: AE9, AE8
15 Existing Uses: Commercial shopping center with attached commercial recreation(Movie Theater)
16 Existing Vegetation/Habitat: Impervious surface,water,hammock 0
17 Community Character of Immediate Vicinity: Commercial retail,restaurant,hospital,residential U)
18
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21 Subject Property(outlined in blue) (2022 Aerial)
22
23
24 III RELEVANT PRIOR COUNTY ACTIONS:
25
BOCC Staff Report
File 4 2022-220 Inclusionary Housing Waiver Request to BOCC Pa Packet Pg. 3109
Q.2.a
I Development Order 422-94 was approved in 1994 for a minor conditional use permit for the
2 phased construction of a 4,251 SF commercial retail building (phase 1-Blockbuster) and for a
3 second phase consisting of 2,030 SF to accommodate a medium intensity commercial retail use.
4 N
5 The existing shopping center was approved under a Major Conditional Use permit, last modified N
6 in 2003 with the recording of Planning Commission Resolution No. P67-02. A deviation to this N
7 conditional use permit was approved b the Planning Department through File 4 2012-127. The 2
P PP Y g P g
8 major conditional use permit and site plan was also amended in 1998 the recording of Resolution
9 P5-98 and in 1988 with the recording of Development Order No. 5-88.
10 0
11 On February 17,2021,the BOCC passed and adopted Ordinance No. 001-2021,which established
12 the nonresidential inclusionary housing requirement through County Land Development Code
13 (LDC) Section 139-1(f) [presented and described in greater detail in subsection IV].
14 U)
15 0
16 IV REVIEW OF APPLICATION:
17
18 The subject property contains an existing commercial retail shopping center. The applicant is proposing to U)
19 change the use of Units 19-21 from a commercial retail use to a commercial recreation use. 2
20
21 In accordance with LDC Section 139-1, the change of use category of a 6,053 square foot unit from
22 commercial retail to tourist/recreational generates the need for 0.6 affordable dwelling units, which would
a�
23 round up to 1 should the applicant choose to comply by constructing an affordable dwelling unit(either on
24 or off site). The in-lieu fee equivalent has been calculated to be $114,916.21.
25 0
26 All nonresidential uses not exempted shall mitigate the demand for workforce housing created by the Z
27 proposed development or redevelopment by one or a combination of the methods identified below:
28
29 1. The construction of workforce housing dwelling units on the site of the development project. The
30 workforce housing dwelling units shall meet the County's affordable housing restrictions as
31 specified in Section 139-1(b) and(c), for a period not less than 99 years; 4-
32 2. The construction of workforce housing dwelling units off-site of the development project but within U)
33 a 15 mile radius of the nonresidential development/ redevelopment. The workforce housing cr
34 dwelling units shall meet the County's affordable housing restrictions as specified in Section 139-
35 1(b) and(c),for aperiod not less than 99 years;
36 3. The deed-restriction of existing dwelling units within a 15 mile radius of the nonresidential �
37 development/redevelopment. The workforce housing dwelling units meet the County's affordable
38 housing restrictions as specified in Section 139-1(b) and(c), for a period not less than 99 years; Q
39 4. The donation of land to the County, upon the acceptance of the BOCC of a proposed parcel or
40 parcels, may satisfy the requirements of this subsection by donating one (1) IS or URM zoned 0
41 platted lot for each workforce housing unit required but not provided through actual construction
42 or in-lieu fees (or a Tier III parcel or parcels of land zoned other than IS or URM as long as the
43 donated parcel(s)have the appropriate density available to support the development of the required
44 number of workforce units); and/or
45 5. The payment of a fee in-lieu for the inclusionary housing requirement for all or a percentage of the
46 workforce housing units required.The in-lieu fee shall be paid prior to issuance of a building permit E
47 for the nonresidential development or redevelopment. All in-lieu fees shall be deposited into the
48 affordable housing trust fund and spent solely for the purposes allowed for that fund.
49
50 LDC Section 139-1(f)
BOCC Staff Report
File 4 2022-220 Inclusionary Housing Waiver Request to BOCC Pa Packet Pg. 3110
Q.2.a
1 (1) Purpose. Consistent with Goal 601 of the Comprehensive Plan, the purpose of this subsection (f) is to
2 ensure that the need for affordable housing is not exacerbated by nonresidential and transient development,
3 as follows:
4 a. Promote the health, safety and general welfare of the citizens of the County through the CN
5 implementation of the goals, objectives and policies of the 2030 Monroe County Comprehensive cN
6 Plan; and Q
7 b. To ensure that affordable housing opportunities are available throughout the entire community and a�
8 to maintain a balanced and sustainable local economy and the provision of essential services; and i_
9 c. To increase the supply of housing affordable to targeted income groups within the community; and
10 d. To provide a range of housing opportunities for those who work in Monroe County but may be 0
11 unable to pay market rents or market housing prices in the community; and w-
12 e. To increase the percentage of the workforce living locally and to provide housing opportunities for cr
13 lower income groups in order to meet the existing and anticipated housing needs of such persons
14 and to maintain a socio-economic mix in the community; and 0
15 f. To address the affordable workforce housing needs generated by the construction and expansion of U)
16 nonresidential/transient development, and the employment that occurs at the 0
17 nonresidential/transient development after the construction or expansion is completed; and X
18 g. To ensure that affordable workforce housing is provided to the local workforce by the employee
19 generating development proportionate with the demand for affordable workforce housing the 0
20 development creates; and U)
21 h. To address market demands that show that the workforce in the County continues to require
22 moderately priced housing units, particularly those whose earnings range from 50 percent up to
23 120 percent of the County's median income (the target income groups); and
24 i. To stimulate the private sector production of affordable workforce housing and encourage the
25 widespread distribution of affordable workforce housing opportunities throughout all portions of
26 the community,including within new and expanding developments.
27 Z
28 (2) Intent. Nonresidential and transient use development or redevelopment generates a direct 0
29 impact on housing for the workforce. The intent of this section is to ensure that there is an
30 affordable supply of housing for the local workforce. This will be accomplished by requiring
31 workforce housing be provided for all new development and redevelopment in an amount
32 proportionate to the need for affordable workforce housing that the nonresidential and transient 0
33 use development or redevelopment creates. The intent of this subsection is to permit nonresidential
34 and transient use owners to continue to establish uses consistent with the current building and
35 safety standards and to ensure that as development and redevelopment occurs, comprehensive plan
36 policies regarding affordable housing are implemented. The technical support and analysis upon
37 which the nonresidential inclusionary housing requirements are established are based upon the
38 'Affordable Workforce Housing Support Study for Non-Residential Development,' prepared by N
39 Clarion Associates, LLC, prepared in June 2017. `N
40
0
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41 LDC Section 139-1(f)(4)b
42
43 The BOCC may reduce, adiust, or waive the requirements set forth in this subsection (f),
44 based on specific findings of fact,where the BOCC concludes,with respect to any applicant,
45 that:
46
c�
47 1. Strict application of the requirements would produce a result inconsistent with the
48 Comprehensive Plan or the purpose and intent of this subsection;
49 2. Due to the nature of the proposed nonresidential development, the development furthers
50 Comprehensive Plan policies and the purpose and intent of this subsection through means
51 other than strict compliance with the requirements set forth herein;
BOCC Staff Report
File 4 2022-220 Inclusionary Housing Waiver Request to BOCC Pa Packet Pg. 3111
Q.2.a
1 3. The applicant demonstrates an absence of any reasonable relationship between the impact
2 of the proposed nonresidential development and requirements of this subsection (f);
3 4. The strict application with the requirements set forth herein would improperly deprive or
4 deny the applicant of constitutional or statutory rights; or N
5 5. In the event of a declared State of Local Emergency, the BOCC adopts a resolution N
6 recognizing that the strict application of the nonresidential inclusionary requirements N
7 would not enhance nor protect the health safe and welfare of the community. 2
P � safety ty� i�
8
9 Any applicant who believes that he/she may be eligible for relief from the strict application
10 of this section may petition the BOCC for relief under this subsection (f)(4). Any petitioner 0
11 for relief hereunder shall provide evidentiary and legal justification for any reduction, .
12 adjustment or waiver of any requirements under this section. The petitioner shall use
13 generally accepted principles and methods and verifiable local information and data, and
14 other appropriate materials to support the requested relief. U)
15 0
16 Per the applicant:
Provide reason(s) for exeniplion or waiverrequest (attack addidona4 sheets if necessary) based on the �
Monroe County Cod ctWn 439-1(a)(3)b and/or 139-1(f)(4)b: Us
Strict application of the resident al iinct sionary fee its inconsistent with the purpose and iintent of
Code Section 139-1(e)(3)(b). The property is are existing vacant6,6010 square foot counrmercial' u
U)
within the Towne: tenter Plan in Tavernier. The shopping center ten+3ntcomae and ,ago. The__ ._ ...
0
e
proposed�arca + ommse ayes not ncreae�the m'ramtorasr of use of the shopping center sine it is. .. 0
an approved use in the coning classification. Additionally, application of the ordinance is
inconsistent with Chapter 300.1041(3)( , Florida Statutes Ibecuase it is a dhan e of use 0
thin the same zoning district, The proposed use doe not add additional square footage.
17
18
19 See relevant Goals, Objectives, and Policies from the Comprehensive Plan below: N
20 N
21 Objective 101.4: Monroe County shall regulate nonresidential development to maintain a Q
22 balance of land uses to serve the needs of the future population of Monroe County.
23 0
24 Goal 601: Monroe County shall adopt programs and policies to facilitate access by residents to
25 adequate and affordable housing that is safe, decent, and structurally sound, and that meets the
26 needs of the population based on type,tenure characteristics,unit size and individual preferences. LO
27
28 Policy 601.1.9: Monroe County shall maintain land development regulations which may include
29 density bonuses, impact fee waiver programs, and other possible regulations to encourage
30 affordable housing.
31
32 Policy 601.1.13: Monroe County shall maintain land development regulations on inclusionary
33 housing and shall evaluate expanding the inclusionary housing requirements to include or
BOCC Staff Report
File 4 2022-220 Inclusionary Housing Waiver Request to BOCC Pa Packet Pg. 3112
Q.2.a
I address nonresidential and transient development and redevelopment based on specific data and
2 analysis.
3
4 Objective 601.2: Monroe County shall adopt programs and policies to encourage housing of N
5 various types, sizes and price ranges to meet the demands of current and future residents N
6 N
7 Objective 601.3: Monroe County shall continue implementation efforts to eliminate substandard 2
8 housing and to preserve, conserve and enhance the existing housing stock, including historic
9 structures and sites.
10 0
11 Policy 601.1.13: Monroe County shall maintain land development regulations on inclusionary .
12 housing and shall evaluate expanding the inclusionary housing requirements to include or
13 address nonresidential and transient development and redevelopment based on specific data and
14 analysis. U)
15 X
16 In response to the applicant's statement, staff would like to note that 380.04(3)(f)F.S. does not
17 apply to this specific scenario. This section of statute exempts the following from the term
18 "development": U)
19 A change in use of land or structure from a use within a class specified in an ordinance or
20 rule to another use in the same class. E
21
22 For reference, the commercial retail use and commercial recreation use are two different use
23 classes as defined by Monroe County Land Development Code (LDC) Section 101-1.
24
25 Commercial recreation use, indoors, means a use designed and equipped for the conduct Z
26 of sports and leisure-time activities operated as a business and providing completely 0
27 enclosed recreation activities. This definition includes, but is not limited to, indoor
28 activities including and related to bowling, athletic courts, miniature golf, theaters,
29 firearm and archery shooting ranges, health and fitness clubs and swimming pools.
30
31 Commercial recreation use, outdoors, means a use designed and equipped for the
32 conduct of sports and leisure-time activities operated as a business in outdoor areas. This
33 definition includes, but is not limited to, outdoor activities including and related to
34 athletic courts, miniature golf, golf courses and driving ranges, firearm and archery
35 shooting ranges and swimming pools. N
36 Q
37 Commercial retail use means a use providing primarily for the sale of consumer goods,
38 products, merchandise or services at retail. Commercial retail uses are subdivided into 0
39 the following intensity classifications:
40 1) Commercial retail low-intensity means commercial retail uses that generate less
41 than 50 average daily trips per 1,000 square feet of floor area. W
42 2) Commercial retail medium-intensity means retail uses that generate between 50 and
43 100 average daily trips per 1,000 square feet of floor area.
44 3) Commercial retail high-intensity means retail uses that generate above 100 average
45 daily trips per 1,000 square feet of floor area.
46
47 V RECOMMENDATION:
48
BOCC Staff Report
File 4 2022-220 Inclusionary Housing Waiver Request to BOCC Pa Packet Pg. 3113
Q.2.a
I Staff recommends denial, the applicant has not demonstrated sufficient reason to waive the fee
2 pursuant to Section 139-1(f)(4)b.
3
4 VI EXHIBITS: N
5 `�'
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6 1. Conceptual Site Plan N
7 2. Life Safety Plan,prepared by Cornerstone Architecture, dated October 12, 2022 2
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4 CN
5 MONROE COUNTY, FLORIDA CN
6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CN
7
8 RESOLUTION NO. -2023
9
10 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY 0
11 COMMISSIONERS THE REQUEST TO WAIVE THE .
12 INCLUSIONARY HOUSING REQUIREMENT FOR REDEVELOPMENT WITH
13 A CHANGE OF USE INCREASING HOUSING DEMAND OF A UNIT WITHIN
14 AN EXISTING COMMERCIAL SHOPPING CENTER LOCATED AT 91200 U)
15 OVERSEAS HIGHWAY, TAVERNIER, MILE MARKER 91, AND DESCRIBED
16 AS A PARCEL OF LAND IN SECTION 33, TOWNSHIP 62 SOUTH, RANGE 38
17 EAST, TAVERNIER, MONROE COUNTY, FLORIDA, HAVING PARCEL
18 IDENTIFICATION NUMBER 00089910-000100. U,
19
20 E
21 WHEREAS, on November 16, 2022, the Planning and Environmental Resources Department
22 received an application from Ty Harris, PA, on behalf of Max D. Puyanic as Trustee for Trust No. 201
23 (the "Applicant,")to waive the inclusionary housing requirement for the change of use of Units No. 19- U)
24 21 from commercial retail to commercial recreation located within an existing shopping located at 91200
25 Overseas Highway, Tavernier(the "Property"); and
26 0
27 WHEREAS, the subject property contains an existing commercial shopping center. The
28 applicant is proposing to change the use of Units 19-21 from a commercial retail use to a commercial
29 recreation use.; and
30 0
31 WHEREAS,pursuant to LDC Section 139-1(f)(3)c., each redevelopment project with a change
32 of use increasing housing demand,not exempted by subsection (4), shall mitigate 50% of the workforce
33 housing demand created by the proposed redevelopment by one or a combination of the methods
34 identified in subsection(5). The workforce housing required for nonresidential development when a new
35 use replaces an existing use and increasing housing demand (for example from an industrial use to an 0
36 office use) shall be calculated based on the square footage proposed for conversion and/or based on the U_
37 incremental increase in size of the new uses (if any); and
38
39 WHEREAS,pursuant to LDC Section 139-1(f)(3)c,the change of use category of a 6,053 square
40 foot unit from commercial retail to tourist/recreational generates the need for 0.6 affordable dwelling 0
41 units, which would round up to 1 should the applicant choose to comply by constructing an affordable
42 dwelling unit (either on or off site). The in-lieu fee equivalent has been calculated to be $114,916.21;
43 and
44
45 WHEREAS, any applicant who believes that he/she may be eligible for relief from the strict
46 application of this section may petition the BOCC for relief under this subsection (f)(4). Any petitioner
47 for relief hereunder shall provide evidentiary and legal justification for any reduction, adjustment or
48 waiver of any requirements under this section. The petitioner shall use generally accepted principles and
1 of 7
Packet Pg. 3117
Q.2.d
I methods and verifiable local information and data, and other appropriate materials to support the
2 requested relief, and
3
4 WHEREAS, The BOCC may reduce, adjust, or waive the requirements set forth in this N
5 subsection (f), based on specific findings of fact, where the BOCC concludes, with respect to any N
6 applicant, that: N
7
iz
8 1. Strict application of the requirements would produce a result inconsistent with the
9 Comprehensive Plan or the purpose and intent of this subsection;
10 2. Due to the nature of the proposed nonresidential development, the development furthers 0
11 Comprehensive Plan policies and the purpose and intent of this subsection through means other
12 than strict compliance with the requirements set forth herein;
13 3. The applicant demonstrates an absence of any reasonable relationship between the impact of the
14 proposed nonresidential development and requirements of this subsection (f); U)
15 4. The strict application with the requirements set forth herein would improperly deprive or deny X
16 the applicant of constitutional or statutory rights; or
17 5. In the event of a declared State of Local Emergency, the BOCC adopts a resolution recognizing
18 that the strict application of the nonresidential inclusionary requirements would not enhance nor U)
19 protect the health, safety and welfare of the community
20
21 WHEREAS, at a regularly scheduled meeting held on January 18, 2022, the Monroe County
22 Board of County Commissioners ("BOCC" "Monroe County", or the "County") held a duly noticed
23 public hearing, considered the professional staff report, and the subject request; and U)
24
25 WHEREAS, based upon the documentation submitted and information provided, the BOCC
4-
26 hereby makes the following findings of fact and conclusions of law: 0
27
28 1. `�
29
30 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
31 OF MONROE COUNTY, FLORIDA
32
33 Section 1. That the request to waive the inclusionary housing requirement for the change of use of
34 a unit within an existing shopping center at the subject property from commercial retail
35 to commercial recreation has been 0
U
36
37 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
38 at a regular meeting held on the day of
39
40 U)
41 Mayor Craig Cates
42 Mayor Pro Tem Holly Merrill Raschein
43 Commissioner Michelle Lincoln
44 Commissioner James Scholl
45 Commissioner David Rice
46
47 BOARD OF COUNTY COMMISSIONERS
48 OF MONROE COUNTY, FLORIDA
2of7
Packet Pg. 3118
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1
2 By:
3 MAYOR CRAIG CATES
4 cN
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8 ATTEST: KEVIN MADOK, CLERK
9
10
11 By:
12 AS DEPUTY CLERK
MONAOF COUNTY ATTORNEY
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REQUEST:
The applicant is requesting a waiver of the LDC Section 139-(f)(3)c.
nonresidential inclusionary housing Redevelopment with a Change in Use Increasing Housing Demand. Each
requirement to change the use of a 6,053 redevelopment project with a change of use increasing housing demand, not
exempted by subsection (4), shall mitigate 50% of the workforce housing demand
SF unit of a shopping center from created by the proposed redevelopment by one or a combination of the methods
commercial retail to commercial recreation identified in subsection (5). The worlorce housing required for nonresidential
to construct a bowling alley with arcade, development when a new use replaces an existing use and increasing housing demand
an as of right use, within the Suburban for example in this case from a commercial retail use to a tourist/recreational use shall be
Commercial (SC) Zoning District. calculated based on the square footage proposed for conversion and/or based on the
incremental increase in size of the new uses.
• Commercial recreation use, indoors, means a use
designed and equipped for the conduct of sports and
leisure-time activities operated as a business and Total Need Created by Nonresidential Development
providing completely enclosed recreation activities. Land use Category Total Housing Total In-Lieu Total Floor #of Units Required In Lieu Fee(50%
This definition Includes, but is not limited to, Indoor Need per SF Fee Area to be (50%oftotal housing of total in lieu fee)
per SF Redeveloped need)
activities including and related to bowling, athletic
courts, miniature golf, theaters, firearm and archery
shooting ranges, health and fitness clubs and swimming Tourist/recreational 0.000614 $104.69 6,053 sf 1.86 $316,844.29
pools. (proposed)
■ Commercial retail use means a use providing primarily Commercial Retail 0.000416 $66.72 6,053 sf 1.26 $201,928.08
for the sale of consumer goods, products, merchandise (existing)
or services at retail. Commercial retail uses are
subdivided into three intensity classifications(omitted). INCLUSIONARY HOUSING REQUIREMENT THAT IS REQUESTED 1 5114,916.21
TO BE WAIVED BYTHE BOCC
calculated based on the incremental increase in size of the square footage to be (rounded up from 0.6 per
converted LDC)
All nonresidential uses not exempted shall mitigate the demand for workforce housing created y
by the proposed development or redevelopment by one or a combination of the methods
identified below:
1. The construction of workforce housing dwelling units on the site of the development project. The workforce housing
dwelling units shall meet the County's affordable housing restrictions as specified in Section 139-1(b) and (c), for a
period not less than 99 years;
2. The construction of workforce housing dwelling units off-site of the development project but within a 15 mile radius of
the nonresidential development/ redevelopment. The workforce housing dwelling units shall meet the County's
affordable housing restrictions as specified in Section 139-1(b)and (c),for a period not less than 99 years;
3. The deed-restriction of existing dwelling units within a 15 mile radius of the nonresidential
development/redevelopment. The workforce housing dwelling units meet the County's affordable housing restrictions
as specified in Section 139-1(b)and (c),for a period not less than 99 years;
4. The donation of land to the County, upon the acceptance of the BOCC of a proposed parcel or parcels, may satisfy the
requirements of this subsection by donating one (1) IS or URM zoned platted lot for each workforce housing unit
required but not provided through actual construction or in-lieu fees (or a Tier III parcel or parcels of land zoned other
than IS or URM as long as the donated parcel(s) have the appropriate density available to support the development of
the required number of workforce units);and/or
5. The payment of a fee in-lieu for the inclusionary housing requirement for all or a percentage of the workforce
housing units required. The in-lieu fee shall be paid prior to issuance of a building permit for the nonresidential
development or redevelopment. All in-lieu fees shall be deposited into the affordable housing trust fund and
spent solely for the purposes allowed for that fund.
STAFF RECOMMENDATION:
DENIAL OF REQUEST FOR WAIVER OF INCLUSIONARY HOUSING REQUIREMENT
The BOCC may reduce, adjust, or waive the requirements set forth in this subsection
(f), based on specific findings of fact, where the BOCC concludes, with respect to any
applicant,that:
1. Strict application of the requirements would produce a result inconsistent with the
Comprehensive Plan or the purpose and intent of this subsection; Per the applicant:
2. Due to the nature of the proposed nonresidential development, the development
furthers Comprehensive Plan policies and the purpose and intent of this subsection Provide reason(s) For'exernption or waiver quest(attack'additional sheets if ueccssory) b�n�ert inm fl,c
through means other than strict compliance with the requirements set forth Monroe CountyC deS'ect n i39-t(e),(3)band/or139-1(0(4)b:
herein; Strict application of the iresidertial iincllusionary fee its inconsistent vrith the purpose and iintent of
3. The applicant demonstrates an absence of any reasonable relationship between IT IT mm . """"""""""".....
the impact of the proposed nonresidential development and requirements of this Code Section l35-l(e)(3J(b). The property is an existing vacant 6„ 00 squarefoot commercial
.. ........ ............ ..... .... �.... .... ..
subsection(f);
4. The strict application with the requirements set forth herein would improperly within the Towne Center Plaza in Tavernier. The shopping center tenants come and go.The
deprive or deny the applicant of constitutional or statutory rights;or
5. In the event of a declared State of Local Emergency, the BOCC adopts a resolution PrOPaOse'd arcade use does not increase'the"'intensity"'of use of the shopping center since it is
recognizing that the strict application of the nonresidential inclusionary
requirements would not enhance nor protect the health, safety and welfare of the an approved use in the zoning classification. Additionally,application of the ordinance is
community. inconsistent with Chapter 360,0 (3)ft Florida Statutes Ibecuase it is a change of use
Any applicant who believes that he/she may be eligible for relief from the strict within the sarne zoning distftt.The proposed use does not add add'otional squaire footage,
application of this section may petition the BOCC for relief under this subsection (f)(4).
Any petitioner for relief hereunder shall provide evidentiary and legal justification for In response to the statement above, staff would like to note that 380.04(3)(f) F.S. does not
any reduction, adjustment or waiver of any requirements under this section. The apply to this specific scenario. This section of statute exempts the following from the term
petitioner shall use generally accepted principles and methods and verifiable local "development":
information and data, and other appropriate materials to support the requested A change in use of land or structure from a use within a class specified in an ordinance or
relief. rule to another use in the same class.