Resolution 123-2023-n
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MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
RESOLUTION NO. 123 -2023
A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS GRANTING LIMITED APPROVAL IN PART OF REEF
ENVIRONMENTAL EDUCATION FOUNDATION INC.'S REQUEST FOR A
WAIVER OF THE NON-RESIDENTIAL INCLUSIONARY AFFORDABLE
HOUSING REQUIREMENT FOR NEW DEVELOPMENT OF A 4,296 SQUARE
FOOT BUILDING FOR AN INSTITUTIONAL USE LOCATED AT 98300, 98320,
98340, 98360, AND 98380 OVERSEAS HIGHWAY, KEY LARGO, LEGALLY
DESCRIBED AS LOTS 1 THROUGH 5, BLOCK 2, MARION PARK,
ACCORDING TO PLAT THEREOF AS RECORDED IN IN PLAT BOOK 4, PAGE
113, OF THE OFFICIAL RECORDS OF MONROE COUNTY, CURRENTLY
HAVING PROPERTY IDENTIFICATION NUMBERS 00520550-000000,
00520540-000000, 00520530-000000, 00520520-000000, AND 00520510-000000.
WHEREAS, on February 10, 2023, the Monroe County Planning and Environmental Resources
Department received an application from Gay Marie Smith, on behalf of the Florida -registered foreign
not -for -profit corporation Reef Environmental Education Foundation, Inc. (the "Developer", "Reef
Environmental Education Foundation Inc.", or the "applicant"), requesting for the Monroe County Board
of County Commissioners ("BOCC" or "Board") to waive the Monroe County Land Development
Code's inclusionary housing requirement for the Developer's development, including landclearing, of
the following five Tier 1 parcels in Key Largo,I to construct a 4,296 square foot non-residential building
for a principal institutional use described as a (marine) conservation center:
■ One (1) Tier I Parcel Located at 98380 Overseas Highway and Currently Having Property
Identification Number 00520510-000000; and
■ One (1) Tier I Parcel Located at 98360 Overseas Highway and Currently Having Property
Identification Number 00520520-000000; and
■ One (1) Tier I Parcel Located at 98340 Overseas Highway and Currently Having Property
Identification Number 00520530-000000; and
■ One (1) Tier I Parcel Located at 98320 Overseas Highway and Currently Having Property
Identification Number 00520540-000000; and
■ One (1) Tier I Parcel Located at 98300 Overseas Highway and Currently Having Property
Identification Number 00520550-000000.
WHEREAS, the first four above -referenced Tier 1 properties contain vacant and undeveloped
lands that are to be developed (landcleared for construction by Reef Environmental Education
Foundation Inc.) and aggregated with the final above -referenced Tier 1 property that is currently
developed with an institutional use owned by this Developer; and
1 Mile Marker 98.
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I WHEREAS, Monroe County Land Development Code Section 139-1(f)(3)(a.) provides that
2 each new development project not exempted pursuant to subsection (4) shall mitigate 50% of the
3 affordable -workforce housing demand created by the proposed development by one or a combination of
4 the methods identified in Subsection (5) thereto; and
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6 WHEREAS, Monroe County Land Development Code Section 139-1(f)(5)(a.) enumerates that
7 the Developer's development of a new 4,296 square foot building for an institutional use generates the
8 need for 1.45 affordable dwelling units with an in -lieu fee equivalent of $155,858.88, based upon Clarion
9 Associates, LLC's Affordable Workforce Housing Support Study for Non -Residential Development in
10 and for Monroe County, Florida; and
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12 WHEREAS, Reef Environmental Education Foundation Incorporated's inclusionary affordable
13 housing mitigation requirement, if it chose to comply with the Land Development Code by building an
14 inclusionary affordable dwelling unit either off -site or on -site would be one (1) affordable housing
15 dwelling unit, or if it chose to comply with the Land Development Code ("LDC") by paying the
16 inclusionary affordable housing in -lieu fee equivalent would be $77,929.44; and
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18 WHEREAS, LDC Section 139-1(f)(4)(b.) provides that any "applicant who believes that that
19 he/she may be eligible for relief from the strict application of this section may petition the BOCC for
20 relief under this subsection (f)(4). Any petitioner for relief hereunder shall provide evidentiary and legal
21 justification for any reduction, adjustment or waiver of any requirements under this section. The
22 petitioner shall use generally accepted principles and methods and verifiable local information and data,
23 and other appropriate materials to support the requested relief."; and
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25 WHEREAS, on March 22nd, 2023, the Monroe County Board of County Commissioners held a
26 duly noticed public hearing to consider (1) The Developer's request to be excepted from the Monroe
27 County Land Development Code's requirement that it (Reef Environmental Education Foundation
28 Incorporated) provide inclusionary affordable housing in unincorporated Monroe County, and the
29 Monroe County Planning and Environmental Resources Department's L2) professional staff presentation
30 and (33,) professional staff report; and
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32 WHEREAS, based upon the information provided and documentation submitted, the Monroe
33 County Board of County Commissioners hereby makes the following findings of fact and conclusions
34 of law:
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36 1. The Monroe County BOCC concurs with and adopts the following assertions of and
37 determinations rendered by Monroe County Planning and Environmental Resources
38 Department Senior Director Emily Schemper made during her professional staff presentation:
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40 "[T]he [County's] new [inclusionary housing] ordinance ... requires inclusionary housing
41 for non-residential uses, [and] it does include institutional uses as a specific use that
42 creates a need for workforce housing, and it does not specifically exempt non -profits.
43 Those are two of the big questions that we get about this ordinance. For Reefs project, the
44 need created by the development is about 1.5 units of workforce housing. The BOCC adopted
45 a 50% requirement, so the developer or owner is required to provide for half of that need
46 created, so that would be 0.72 units of affordable -workforce housing. There are different
2 Rounding up from 0.725.
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options for meeting that requirement, for fulfilling that. One would be to actually provide
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the workforce housing. So building on -site, [or] buy a unit somewhere else, [or] link to a
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different affordable housing project that's not already required for something else, and,
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in that case, you'd obviously have to round up from 0.72 units to 1 whole unit. So provide
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1 unit of housing, or pay an in -lieu fee. The in -lieu fee in this case would come out to
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approximately $78,000.00. Reef [Environmental Education Foundation Inc.] is requesting a
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full waiver of that in -lieu fee for that [single] unit requirement.... The argumentation from
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Reef ... is that they already do provide for housing for their interns who staff their
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operation. They have about 12 to 18 interns a year, they rent them housing within the Key
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Largo community, and their other staff essentially are actually volunteers who already
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live in the community. So while Planning staff recognizes that that is a very good step
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towards this workforce housing issue, to be locating and providing for their housing of
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the actual employees, it doesn't quite meet the actual purpose of the inclusionary housing
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ordinance. So the numbers in the inclusionary housing ordinance were based on a very
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detailed study, and it's not only about the staff of the use after it's built, it also is about
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the construction workers who are employed to build things like this, and the additional
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workforce housing need that's created by ongoing development. The other thing that it
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does not quite meet, in terms of the purpose of the inclusionary housing ordinance, is the
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supply and demand issue within the larger community. So by providing an additional unit
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of workforce housing, it's not just about housing your own staff, it's about creating more
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supply of affordable -workforce housing in the greater community so that you're not just
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renting a different unit and taking that one off the market for someone else who may need
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it.... I did want to remind you of the different options they have for meeting this, I briefly
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went over them, but I wanted to be a little more specific. [T]he first option is to build workforce
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housing on the site of development. I do want to point out [that] this property in particular is
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Tier 1, so it's not eligible for affordable ROGO allocations. So for them to just incorporate a
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housing unit into their project is not really feasible unless they can find a market rate [ROGO]
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unit somewhere and somehow make it to the top of the ROGO list, etc. So that one, it's not as
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simple for them. The second option is to construct a workforce housing unit off -site, so build a
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unit on a different property. The third would be to deed -restrict an existing dwelling unit that
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would have to be within a 15 mile radius, the off -site also would have to be within a 15 mile
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radius of their project. To fulfill that construction off -site or existing dwelling unit deed
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restriction, they could also link to another project. So if there's already an affordable housing
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project going on somewhere else they could link to that if it's within a 15 mile radius. One
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important caveat to that is other than [standard] building permit fee waivers and impact fee
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waivers, a project they would link to cannot be one that is constructed with County funding. So
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if the County, for example, has bought the property for an affordable housing project, it can't
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be used as linkage then for inclusionary housing.... The fourth option is donation of land to
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the County. So either donating an Improved Subdivision [IS] platted lot or some other zoning
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category that does actually have density for 1 unit. And then the fifth option of course is in -lieu
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fee, so in this case the amount required by the Code is $78,000."
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43 (Emphasis supplied).
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45 2. Gay Marie Smith, in her capacity as the Developer Reef Environmental Education Foundation
46 Inc.'s authorized agent, orally asserted the following, in pertinent part, on behalf of the
47 Developer:
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I "So, we are basically, the purpose of the building, of the commercial building, the facility, will
2 be to engage Florida Keys visitors and residents with ocean conservation, citizen science, and
3 the cultural history of Monroe County. The workforce of the facility will be primary
4 participants in the Reef marine conservation internship program and Reef volunteer/docent
5 program. Funding for the new building is provided in part by the Monroe County TDC Council
6 in District 4 - Islamorada and [District] 5 in Key Largo. So, I know that in front of you, you
7 have the option, we're asking for a waiver of the whole fee, $78,000 is a lot of money, when
8 you're getting grants. They have the other building existing now, which they do a lot, but they
9 want to expand it. And if the Commissioners feel like they don't want to, or they don't feel like
10 they need to waiver [sic] the whole thing, we'd be open to a partial [waiver]. It's just a lot of
11 money and it's a not -for -profit, and they're doing everything on grant .... I understand staffs
12 recommendation fully and I honor that and everything, but I'm hoping the Commissioners
13 either give us the waiver or possibly reduce the in -lieu fee."
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15 3. Martha Klitzkie, in her official capacity as Co -Executive Director of the Developer Reef
16 Environmental Education Foundation Inc., orally asserted the following, in pertinent part, on
17 behalf of the Developer:
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19 "[The other reason that the Board could vote to waive the fee is that the proposed development
20 won't impact the need for additional workforce. If this building fell from the sky today we have
21 a current team in place to run the operations that it would need. REEF has outgrown its existing
22 facilities and we're running many of our education programs offsite. In particular REEF has a
23 robust volunteer and internship program and we've facilitated an internship program in Key
24 Largo for over 30 years and for all of those 30 years have provided housing to the interns in
25 the program."
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27 4. Dorothy "Dottie" Moses, in her official capacity as a member of the Florida not -for -profit
28 organization Last Stand3, orally asserted, in pertinent part, the following bases for denial of the
29 relief requested by the Developer Reef Environmental Education Foundation Inc.:
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31 "The Last Stand Board asks that you not waive the inclusionary workforce housing requirement
32 for the construction of a new institutional development. Reef Environmental Education
33 Foundation is requesting a waiver of the non-residential inclusionary housing requirement.
34 They propose to build a new 4,296 square foot marine conservation center, which is an
35 institutional use, to add to their existing 1,700 square foot operation. Reef presently hosts 15 to
36 18 interns every year for 4 to 12 months for which they provide rental housing. Obviously Reef
37 is growing their program with this larger facility. While the Last Stand Board supports the
38 mission of Reef and their efforts to educate the public on marine protection, we also recognize
39 the impacts of new development on housing demand. The intent of this Section 139-1(f) non-
40 residential inclusionary housing requirement is to ensure there is an affordable supply of
41 housing for the local workforce. This will be accomplished by requiring workforce housing to
42 be provided by all new development and redevelopment in an amount proportionate to the need
43 for the affordable -workforce housing that the non-residential use, development, or
44 redevelopment creates. Yes this is an added expense, but the pressure of new development on
45 the [Florida] Keys is taking its toll in so many ways, and we can no longer ignore the impact
46 on our housing. This is one (1) unit of inclusionary housing, only 50% of the housing demand
3 Formally registered with the Florida Division of Corporations as "Protect Key West and the Florida Keys, Inc."
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that this development is going to create, and it will address the affordable -workforce housing
needs generated by the construction, as well as the expansion, of the new [marine conservation]
center. I just also want to mention that this is the world headquarters for this non-profit
organization — worldwide organization — and the County is being asked to carry the weight of
that organization. So please do not approve the waiver request. Thank you very much on behalf
of the board of Last Stand."
5. In Board discussion, Mayor Cates stated the following in review of the Developer's application
and request:
"As much as I want to support the non-profit and it's important, but we've got to stay focused
on the big picture also of our affordable housing issue we have. So yes I could support lowering
[the in -lieu fee], but I think they should have some input into the affordable housing [non-
residential inclusionary in -lieu fee] because yes [Reef] will have employees, because you just
brought it up, you had three that fit into affordable housing positions. So that being said I could
support lowering [the non-residential inclusionary in -lieu fee] but not completely waiving it."
6. In Board discussion, Commissioner Rice stated the following in review of the Developer's
application and request:
"I agree. If we're going to have inclusionary housing, that's an important thing. And I do
understand their mission, I do understand that they're a not -for -profit and they support the
County in many ways and their environment, so I would agree with you, lowering [the non-
residential inclusionary housing fee] but not totally waiving [the in -lieu fee]."
7. The Monroe County Board of County Commissioners hereby finds and concludes:
Fact -intensive analysis of the particular application in this specific matter demonstrates that the
particular request in this specific matter is so idiosyncratic that the strict application of the
salient requirements of the Code would produce a result inconsistent with the intent or purpose
of this subsection (f), the inclusionary housing requirement for the new development of a 4,296
square foot building for an institutional use owned and operated by the non-profit Reef
Environmental Education Foundation Inc. therefore shall be reduced from 50% of the
workforce housing demand created to 25% of the workforce housing demand created, and,
accordingly, the in -lieu fee equivalent to meet Reef s inclusionary affordable housing
mitigation under and consistent with the Land Development Code and Comprehensive Plan
shall be $38,964.72.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. Recitals, Purpose, and Intent. The foregoing findings of fact and conclusions of law are
true and correct and are hereby incorporated as if fully set forth herein.
Section 2. Decision. The Developer's request to be excepted from the Monroe County Land
Development Code's requirement to provide inclusionary affordable -employee housing
in Monroe County is hereby granted to the extent memorialized above, with the
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inclusionary in -lieu fee required to meet the Developer's inclusionary affordable housing
mitigation being reduced from $77,929.44 to $38,964.72.
Section 3. Interpretation. The interpretation of this Resolution, and all provisions of the Monroe
County Codes, Comprehensive Plan, floodplain management regulations, and Florida
Building Code whose interpretation arises out of, relates to, or is interpreted in connection
with this Resolution, these being necessary for the health, safety, and welfare of the
residents of and visitors to unincorporated Monroe County, shall be construed in favor of
the Monroe County BOCC, and such interpretations shall be entitled to great weight in
adversarial administrative proceedings, at trial, and on appeal.
Section 4. Non -Reliance by Third -Parties. No person, business entity, or non-profit organization
may cite or rely upon this Resolution to enforce or attempt to enforce any third -party
theories of relief, claims, entitlements, or benefits.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting held on the 22" d day of March, 2023.
MADOK, CLERK
By: D i,�J I /1606 OY
S DEPUTY CLERK
Mayor Craig Cates YES
Mayor Pro Tem Holly Merrill Raschein YES
Commissioner Michelle Lincoln YES
Commissioner James Scholl YES
Commissioner David Rice YES
BOARD OF C TY COMMISSIONERS
OF MONR TY, RI
By:
M YO CRA G ATES
MONROE COUNTY ATTORNEY
AP VED .�S TO ORM
Date:
CD
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