Item Q1 Q.1
County f � .�� ",�, 1 BOARD OF COUNTY COMMISSIONERS
Mayor Craig Cates,District 1
Mayor Pro Tem Holly Merrill Raschein,District 5
The Florida Keys
Michelle Lincoln,District 2
James K.Scholl,District 3
David Rice,District 4
County Commission Meeting
March 22, 2023
Agenda Item Number: Q.1
Agenda Item Summary #11796
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2500
Public Hearing
AGENDA ITEM WORDING: Review of an Application for a BOCC Waiver of the Inclusionary
Workforce Housing Requirement for New Development at 98300, 98320, 98340, 98360, and 98380
Overseas Highway, Mile Marker 98, Key Largo, Monroe County, and Currently Having Property
Identification Numbers 00520510-000000 through 00520550-000000.
ITEM BACKGROUND: The applicant is requesting a waiver of the nonresidential inclusionary
housing requirement in accordance with Land Development Code ("LDC") Section 139-1(f)(4)(b.) to
construct a new 4,296 square foot marine conservation center (an institutional use). The
applicant is proposing to construct the new structure on property aggregated with an existing institutional
use, operated by Reef Environmental Education Foundation, Inc.
LDC Section 139-(f)(3)(a.)
New Development. Each new development project not exempted by subsection (4), shall mitigate 50%of
the workforce housing demand created by the proposed development by one or a combination of the
methods identified in subsection(5).
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 SF Redeveloped total in lieu
(50%of total fee)
housing need)
Institutional 0.000337 $36.28 4,296 SF 1 $77,929.44
(proposed)
(rounded up from 0.72)
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Subject Property(Outlined in Blue) (2022 Aerial)Pictured Above
Excerpts from the proposed development plan are pictured below:
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BACKGROUND INFORMATION:
Address: 98300, 98320, 98340, 98360, and 98380 Overseas Highway, Key Largo
Property Identification Numbers: 00520550-000000, 00520540-000000, 00520530-000000, 00520520-
000000, and 00520510-000000
Owner: Reef Environmental Education Foundation,Inc.
Size of Site: 41,766 upland square feet(per site plan)
Land Use District: Suburban Commercial
Future Land Use Map (FLUM) Designation: Mixed Use/Commercial(MC)
Tier Designation: I(Natural Area)
Flood Zone: X
Existing Uses: Vacant, to be aggregated with existing institutional use
Existing Vegetation/Habitat: Hammock,to be aggregated with developed land
Community Character of Immediate Vicinity: Commercial retail,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
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.)
Packet Pg.4069
Q.1
The BOCC may reduce, adiust, or waive the requirements set forth in this subsection (Q,
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.4070
Ifi Nonresidential Inicluslonary housing requirements.
t h Purl-)osp.Co nsistent midi Goal 601 of the Conlprehensive P Ian,the puricose,of this subsection(f)is to cnsi-ii,e that the need for affordable hoi-ising
Is not exacerbated by lonresldend a I sans tr an sip nt d eve!opment,as fo I llsvvs:
a,. Promote the heaith,safety and general vve I fare of the,d6zeils of trine Col-Inty t1i tine limp I ernpiltati carf,of the goa Is,ubjectives and policies
of the 2030 Monroe Co?,,onty Comprehensive Pian:and
lb. TO PnSUrP that affordable,housing ripportMlitifS srE aVLRIlall,thi'rAJFhOLJt th.r entire corni-nunity ard to "nahitalin a balanceci and SUstalmahle
local eccmoniy and the joravisdon Of essendal services;and
c To increase thp-,L1f)j3IY of hOUSh')g off'Offlal)[P to targeted 41MMP,gr OUPS vAthi d-ip cornn-iunity and
d, To pt cwlde a range of hausling Opportunities for those vilho siork in Monroe County but may be Unable to pay market rents Or mat ket housling
prices in the LOM11-lUi Ay;and
e. To increase the percentage of the PscjirkfcA-ce living locally a rd to provide IlCUShng OfDPOrtUnftles for lc)r,ver Irnconne gr0LJjI)S in circler to meet the
existing and anticipated hauling ineeds Of 511 pei-,ons and to mairtain a socic-economic rnix ir,the cur"IMU1 ilty�and
f To address the affordable workforce h0i-sirig reeds,gem-.-i ated by the consti u�.tion and expansion of nonresidential/b ansient devplopnlent,
and the employrin,--nt that Occur-,at the nranrea,icferrti ahltransierkt development after the construction or expansion is ccillpleted;and
g TO einSUTP-that affordable wor kforce hoi-rsiilg is pmvilded to the local ,lJorkfarce by the erinjoloyee generating devedOPM&I'lt "Alith
the deniand for affor dable vvorkforce h0U'--J1lg tile,deVPIGPM@M creates:and
h. To address rnau'Ket demands that shovV that the workforce,lira the County continues to,require rl cderately priced housing units,particularly
those:"ehose earnings range fi arn 50 UP W 'I 2D percent Of the COUnty S Ifle.dian nncanune(the target incoinp groups),and
To Sch'IlUlate the private sector P�r QdLlCtiOR of affcmdable vorkfcmce housing and encourage the widespread distr[butiran of affordable workfoice
Mousing,opportUnitfeS throughout all portions ref the cornmunity,111CIUCHng VUlthIn nevi and expanding de.veloprnents.
(2) Intent,Nanresidpi dal and transient Use develitilpa ent or iedevelopmerlt generates a direct impact on housing for the workforce.The Intent of tl-rls
section is to ensuire that th&'P is an aff0i-Clsble SUIDPly of`10U'Siing fOl'the iocal workforce.This vAll be accon-q,)Hshed by 'PoUli'ing workforce hc".jsing
Ire p ovided foi all new dpvcdopment arrd rcclevelopi nent lira in arnount propoi donate to the need For affordable Workforce housing,that the,
nonresidential and rranslnt use devPlopi-rient rjr redevelopment creates.The intent of this sulostection is to Ilerniit nonresIcientisfl and transient
ruse O'Nii W MlthlUe to P-5139:nliSll Uses COPS Stf-Mt With,Lhe current building and safety standards and to ensure that as development and
redevp1alompnr occurs,cornprpl'lenssvp plan policles regarding,affordable hQU1Jng ar e lrnplen'fented.The technical-,LIP[-J(-)I't 7,nd Zln aly-*,UpOI'l
which the nonrpsidp)itial inaatusicrvai-y IIOUSing reqUh enlents are established are i UpOn the Afforciable Workforce Hotiskrg Support Study for
Ncn-Rpsldential Dpv-loIsnapnit,'prepared by Clarion Associates, LLC, Fif epaired in juine 2017
Per the applicant:
Packet Pg.4071
To Who It May Concern,
Reef:Environmental Education Foundation(REEF) is writing to request an exemption from the inclusionary housing
requirernents.We understand:that the ordinance does not allow non-profit organizations to be automatically exempt, but
we are requesting an exception based on extenuating circumstances.
The purpose of the commercial building in permit number R-ACCB-2022-0014 as for a Marine Conservation Center. The
focus of the facility will be to engage Florida Keys visitors and residents with ocean conservation, citizen Science, and the
cultural history of Monroe County.The workforce,of the facility will be primary parficIpants in the REEF Marine
Conservation internship Program and REEF Votunteer/Docent Prograrn. Funding for the new building is provided in part by
the Monroe County Tourist Development Council in District IV �IsIamorada)and V(Key Largo)i,
REEF Marine Conservation Internship Program:Since 1993, REEF has provided an internship program in Key Largo to
provide early caireer adults with professional development and workforce experience.More information about the prograrn
is online at h -,s.aIg/h)ternsh�p For the past thirty years, as part of the priograiTi, REEF has provided housing in
Key Largo to interns. REEF does not own residential property but annually leases housing Upon request, We Can provide
copies of lease agreements for the past decade arid,as letter of support from the current property or iindicating their
tong-term cornmitirrient to the Internship program. Each year REEF hosts 1,5-18 young professionah in the program The
length of the internship varies from 4 to 12 months. REEF fuliV covers the cost of housing at no expense to the Intern and
provides,a monthly stipend of up to $1,0010 to each intern. In 2020, REEF launched the Oceans Nor r All initiative. to recluce.
barriers and increase accessibility in the internship progranr'a.
REEF Volunteer/Diocent Prograirn.Workforce ai;LiviUes at [fie new facility WIII also be supported by REEF's local volunteer
network, REEF has rrionthfy rneetings with the REEF Florida Kee s Volunteer Committee to outline activities and
Opportunities for local volunteers.Volunteers support the facilitation Of Public events and outreach, This will be expanded
to icicI docent opportunities at the new facility. Volunteers are established community members,most of whorn own
property in the area. :A few current volunteers include Marta BDudtZ, who is on the boas d of Marrvelum Pet Rescues, Laurie
Brooks, who is on the board of Ocean Studies Charter School, and Jane Bixby, who is a rtAired Miami Dad!e police otticer. A
full list of comrnunirty volunteers and their affiliations can be provided upon request.
Because the workforce of the new cominercial bu,ilIding for the Marine Conservation Center will be primarfy through the
intern and volunteer programs, and because REEF's,annual budget includes expenses to ensure the success and continuity
of those,programs,we request that Monroe County provide an exemption to the incIusilonary housing requirement.
Thank you for your consideration. Please let me know if there is any acldrtional inforrriation we can provide or if you would
be interested in discussing this in more detail.
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.
Packet Pg.4072
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Policy 6011.9: 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
address nonresidential and transient development and redevelopment based on specific data and
analysis.
Supporting Data and Analysis:
On February 17, 2021, the BOCC adopted Ordinance 001-2021, creating the nonresidential
inclusionary housing requirements in LDC Section 139-1. Prior to adoption, to develop
inclusionary housing requirements for the nonresidential sector to build workforce housing, the
County contracted with Clarion Associates and RRC Associates to complete the data and
analysis necessary to establish the workforce need generation and a rational nexus of need
generation and affordable mitigation needs. This data was completed and presented on
November 14, 2017, to the BOCC (2016 Monroe County Employer Survey Results by RRC
Associates and 2017 Affordable Workforce Housing Support Study for Non-residential
Development by Clarion Associates).
From the report's executive summary (page 5):
Packet Pg.4073
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1, f ¢; k. r- I W Ht U,. i CI!F ATE D l.',Y N,0 1-R1". ,i")I",�%ITIA l..
The need to Ipiovide affordable workforce housing is created by deveiolanrent that demands
labor (enaployees). because non-residential devOoprrrent creates a dernand for labor
(ernpioyees), the need for affordable workforce housing it creates is determined in this
Strrdyf. Non-residential developrrrent includes govetranenta�l, industrL.fl, inSfitutiorW, office,
retail K restaurant, tourist/recreation, hotel/rnotel, and other developnaent. Non-
residential development creates a need for la:bor (the workforce) in, two ways: (1)
ernployeewS who constrrrc.t they bu.rolding(s), and (2)enapsloyees who work ,at the br,riding after
construction (past constr°uctioin employees). ConstrRrctiOra employees construct the inon-
residential buildings. All different types of enaplRoyees work at the buildings, after they are
ccrrralaiefe,elep;aerarling,on the type of business.
The analysis shows that wages and salaries darned by a srgnihc:ant poition of Monroe
t"ounty"s worlkforce that constru.rcts the buildings or woirks iun the businesses and related
entities that make quip non-eesidentiai developnaeuat are insufficient to allow these employees
to obtain rnarket housing at a, price they can reuasonalWy afford. After deterniining the
number and type of employees that serve non residentialN development (construction and
post-(onstruction), and how mairiy of these eanployees cannot reasonably afford housing in
Moruroe C:ouirrty, the Study then identifies the quairrtify of workforce housing need created
by ncrra residentlal developn°rent.
Based on thihs ainallysis, TabIle 1 SunrrYlAry of Affordable Workforce Housing, Needs and
Assistance Created by Non-Residential Development, outlines the workforce housing creed
generated by different types of non-residential deveh,)prnent, both in teem of the need for
workforce housing units (car ,a fractk:)rr thereof), and for ruonetary workforce housing
assistance(in lieu fees).
The above analysis was done for individual types of nonresidential uses, including institutional
uses, the outcome of which was used to establish the inclusionary housing requirements adopted
by the BOCC in Ordinance 001-2021. Based on the data in the report, institutional uses do create
a need for affordable workforce housing.
PREVIOUS RELEVANT BOCC ACTION:
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. of the professional staff report prepared by Devin Tolpin, A.LC.P., C.F.M., dated
February 17, 2023].
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: The applicant has provided evidence that demonstrates there is a
current need for workforce housing in order to operate the existing institutional use,which is likely to
continue with the development of the new structure. Although the applicant may currently assist in housing its
workforce,there is no county mechanism to ensure that this continues in perpetuity, and it does not further the
purpose to increase the supply of affordable workforce housing in the County.
Packet Pg.4074
Q.1
Staff recommends denial of the applicant's request to waive the nonresidential inclusionary housing
requirement for the development of a new 4,296 square foot structure to serve an intuitional use pursuant to
Section 139-1(f)(4)b.
DOCUMENTATION:
2023-048 _Staff Report
2023-048 Staff
Resolution
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
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 03/06/2023 2:46 PM
Peter Morris Completed 03/07/2023 4:17 PM
Purchasing Completed 03/07/2023 4:28 PM
Budget and Finance Completed 03/07/2023 4:30 PM
Brian Bradley Completed 03/07/2023 4:33 PM
Lindsey Ballard Completed 03/07/2023 4:39 PM
Board of County Commissioners Pending 03/22/2023 9:00 AM
Packet Pg.4075
MEMORANDUM
MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
To: Monroe County Board of County Commissioners
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Through: Emily Schemper, AICP, CFM, Senior Director of Planning &Environmental Resources M
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From: Devin Tolpin, AICP, CFM,Principal Planner 2
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Date: February 17, 2023 W
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Subject: A Request to Waive the Inclusionary Housing Requirement for New Development of an
Institutional Use Located at 98300, 98320, 98340, 98360, and 98380 Overseas Highway,
Mile Marker 98, Key Largo, Monroe County, Florida, Having Parcel Identification
Numbers 00520550-000000, 00520540-000000, 00520530-000000, 00520520-000000,
and 00520510-000000 (File 9 2023-048). c
Meeting: March 22,2023
1 U+
2 I REQUEST U
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 construct a new
5 4,296 square foot marine conservation center(an institutional use). 0
6 U,
7 The applicant is proposing to construct the new structure on property aggregated with an existing '
8 institutional use, operated by Reef Environmental Education Foundation, Inc. 0
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10 LDC Section 13940)a.
11 New Development. Each new development project not exempted by subsection (4), shall mitigate
12 50% of the workforce housing demand created by the proposed development by one or a combination
13 of the methods identified in subsection(5).
14 0
C,
Total Need Created b Nonresidential Development
Land use Total Total In- Total Floor #of Units In Lieu Fee
CU
Category Housing Lieu Fee Area to be Required (50%of total
Need per SF per SF Redeveloped (50%of total in lieu fee) 00
housing need)
Institutional 0.000337 $36.28 4,296 SF 1 $77,929.44 M
(proposed) (rounded up from Q
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0.72 per LDC
15
16 The analysis described throughout this report is based on the plans submitted through Monroe County a
17 Building Permit 9C-ACCB-2022-0014.
18
19
20
21
22
23
BOCC Staff Report
File 4 2022-220 Inclusionary Housing Waiver Request to BOCC Pa Packet Pg.4076
Q.1.a
1 II BACKGROUND INFORMATION:
2 Location: Key Largo near U.S. 1 Mile Marker 98
3 Address: 98300, 98320, 98340, 98360, and 98380 Overseas Highway
4 Legal Description: Full legal description in application file
5 Parcel Identification Numbers: 00520550-000000, 00520540-000000, 00520530-000000,
6 00520520-000000, and 00520510-000000
00
7 Property Owner: Reef Environmental Education Foundation, Inc.
8 Agent: Gay Marie Smith N
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9 Size of Site: 41,766 upland square feet(per site plan)
10 Land Use District: Suburban Commercial
11 Future Land Use Map (FLUM) Designation: Mixed Use/Commercial(MC) W
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12 Tier Designation: I(Natural Area)
13 Flood Zone: X
14 Existing Uses: Vacant, to be aggregated with existing institutional use U)
15 Existing Vegetation/Habitat: Hammock,to be aggregated with developed land
16 Community Character of Immediate Vicinity: Commercial retail,residential
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BOCC Staff Report
File 4 2023-048 Inclusionary Housing Waiver Request to BOCC Pa Packet Pg.4077
Q.1.a
I III RELEVANT PRIOR COUNTY ACTIONS:
2
3 On February 17, 2021, the BOCC passed and adopted Ordinance No. 001-2021, which established the
4 nonresidential inclusionary housing requirement through County Land Development Code (LDC) Section
5 139-1(f) [presented and described in greater detail in subsection IV].
6
7 IV REVIEW OF APPLICATION: 00
8
9 The development proposal is to construct a new 4,296 square foot marine conservation center (an CN
10 institutional use) to be aggregated with the existing institutional use operated by Reef Environmental N
11 Education Foundation, Inc. Some snapshots of the proposed development plan are pictured below. 2
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File 4 2023-048 Inclusionary Housing Waiver Request to BOCC Pa Packet Pg.4078
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3 In accordance with LDC Section 139-1, the development of a new 4, 296 square foot institutional 0
4 structure generates the need for 1.45 affordable dwelling units based upon the 'Affordable Workforce
5 Housing Support Study for Non-Residential Development,' prepared by Clarion Associates, LLC,
6 prepared in June 2017.
7
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8 Each new development project shall mitigate 50% of the workforce housing demand created by the CL
9 proposed development by one or a combination of the methods identified. The applicant's mitigation W
10 requirement, should the applicant choose to comply by the construction of affordable dwelling units
11 (either on or off site) would be one (1) affordable dwelling unit (rounded up from 0.725) or payment of (n
12 the in-lieu fee equivalent,which is $77,929.44. 00
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14 All nonresidential uses not exempted shall mitigate the demand for workforce housing created by the CN
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15 proposed development or redevelopment by one or a combination of the methods identified below: N
16
17 1. The construction of workforce housing dwelling units on the site of the development project. The
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18 workforce housing dwelling units shall meet the County's affordable housing restrictions as
19 specified in Section 139-1(b) and(c), for a period not less than 99 years;
20 2. The construction of workforce housing dwelling units off-site of the development project but
21 within a 15 mile radius of the nonresidential development/ redevelopment. The workforce
22 housing dwelling units shall meet the County's affordable housing restrictions as specified in
23 Section 139-1(b) and(c), for a period not less than 99 years;
24 3. The deed-restriction of existing dwelling units within a 15 mile radius of the nonresidential
25 development/redevelopment. The workforce housing dwelling units meet the County's affordable
26 housing restrictions as specified in Section 139-I(b) and (c), for a period not less than 99 years;
BOCC Staff Report
File 4 2023-048 Inclusionary Housing Waiver Request to BOCC Pa I Packet Pg.4079
Q.1.a
1 4. The donation of land to the County, upon the acceptance of the BOCC of a proposed parcel or
2 parcels, may satisfy the requirements of this subsection by donating one (1) IS or URM zoned
3 platted lot for each workforce housing unit required but not provided through actual construction
4 or in-lieu fees (or a Tier III parcel or parcels of land zoned other than IS or URM as long as the
5 donated parcel(s) have the appropriate density available to support the development of the
6 required number of workforce units); and/or
7 5. The payment of a fee in-lieu for the inclusionary housing requirement for all or a percentage of E
8 the workforce housing units required. The in-lieu fee shall be paid prior to issuance of a building 9
9 permit for the nonresidential development or redevelopment. All in-lieu fees shall be deposited CN
10 into the affordable housing trust fund and spent solely for the purposes allowed for that fund.
11
12 LDC Section 139-1(f)
13 (1) Purpose. Consistent with Goal 601 of the Comprehensive Plan, the purpose of this subsection (f) is to
14 ensure that the need for affordable housing is not exacerbated by nonresidential and transient W
15 development, as follows:
16 a. Promote the health, safety and general welfare of the citizens of the County through the E
U)
17 implementation of the goals, objectives and policies of the 2030 Monroe County Comprehensive
0
18 Plan; and
19 b. To ensure that affordable housing opportunities are available throughout the entire community it%
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20 and to maintain a balanced and sustainable local economy and the provision of essential services; �
21 and
22 c. To increase the supply of housing affordable to targeted income groups within the community;
23 and
24 d. To provide a range of housing opportunities for those who work in Monroe County but may be
25 unable to pay market rents or market housing prices in the community; and
26 e. To increase the percentage of the workforce living locally and to provide housing opportunities
27 for lower income groups in order to meet the existing and anticipated housing needs of such 2
28 persons and to maintain a socio-economic mix in the community; and
29 f. To address the affordable workforce housing needs generated by the construction and expansion -
30 of nonresidential/transient development, and the employment that occurs at the
31 nonresidential/transient development after the construction or expansion is completed; and
32 g. To ensure that affordable workforce housing is provided to the local workforce by the employee
33 generating development proportionate with the demand for affordable workforce housing the
34 development creates; and 0
35 h. To address market demands that show that the workforce in the County continues to require
36 moderately priced housing units, particularly those whose earnings range from 50 percent up to ;
37 120 percent of the County's median income (the target income groups); and
38 i. To stimulate the private sector production of affordable workforce housing and encourage the �i
00
39 widespread distribution of affordable workforce housing opportunities throughout all portions of
40 the community,including within new and expanding developments. M
41 (2) Intent. Nonresidential and transient use development or redevelopment generates a direct impact on Q
42 housing for the workforce. The intent of this section is to ensure that there is an affordable supply of
43 housing for the local workforce. This will be accomplished by requiring workforce housing be provided
44 for all new development and redevelopment in an amount proportionate to the need for affordable
45 workforce housing that the nonresidential and transient use development or redevelopment creates. The
46 intent of this subsection is to permit nonresidential and transient use owners to continue to establish uses
47 consistent with the current building and safety standards and to ensure that as development and
48 redevelopment occurs, comprehensive plan policies regarding affordable housing are implemented. The
49 technical support and analysis upon which the nonresidential inclusionary housing requirements are
50 established are based upon the 'Affordable Workforce Housing Support Study for Non-Residential
51 Development,'prepared by Clarion Associates, LLC,prepared in June 2017.
52
53
BOCC Staff Report
File 4 2023-048 Inclusionary Housing Waiver Request to BOCC Pa Packet Pg.4080
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I LDC Section 139-1(f)(4)b:
2
3 The BOCC may reduce, adiust, or waive the requirements set forth in this subsection (f), based on
4 specific findines of fact,where the BOCC concludes,with respect to any applicant,that:
5
6 1. Strict application of the requirements would produce a result inconsistent with the
7 Comprehensive Plan or the purpose and intent of this subsection; 00
8 2. Due to the nature of the proposed nonresidential development, the development furthers
9 Comprehensive Plan policies and the purpose and intent of this subsection through means other
10 than strict compliance with the requirements set forth herein; N
11 3. The applicant demonstrates an absence of any reasonable relationship between the impact of the 2
12 proposed nonresidential development and requirements of this subsection(f); U_
13 4. The strict application with the requirements set forth herein would improperly deprive or deny the W
14 applicant of constitutional or statutory rights; or
15 5. In the event of a declared State of Local Emergency, the BOCC adopts a resolution recognizing
16 that the strict application of the nonresidential inclusionary requirements would not enhance nor
U)
17 protect the health, safety and welfare of the community.
0
18
19 Any applicant who believes that he/she may be eligible for relief from the strict application of this
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20 section may petition the BOCC for relief under this subsection (f)(4). Any petitioner for relief C
21 hereunder shall provide evidentiary and legal justification for any reduction, adjustment or waiver U)
22 of any requirements under this section. The petitioner shall use generally accepted principles and
23 methods and verifiable local information and data, and other appropriate materials to support the
24 requested relief.
25
26 Per the applicant:
27 2
a
To Whom It May Concern, 0
Reef Environmental Education Foundation(REEF)is writing,to request an exemption frorn the inclusionary housing 0
requirements.We understand that:the ordinance does not allow non-profit organizations to be autornratically exempt,but
we are requesting an exception based on extenuating circumstances. �
The purpose of the commercial building in permit number R ACCR 2022 0014 is for a Marine Conservation Center,The
locus of the facalmty will be to engage,Florida Keys visitors and residents with ocean conservation, citizen science,and the 0
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cultural history of Monroe County.The workforce of the facility will be primary participants in the REEF fwo+Varine
Conservation Internship Progr<arn and REEF volunteer/C"Yoc,er°at Program. FLinc ing for the new building is provided in part by �
the Monroe County Tourist Development Council in District.IV 11slamoruadra)and V(Key Largo).
REEF Marine Conservation internship Program:Since'1993,REEF has provided an 'internship program in Key Largo to 00
provide early career adults with professional development and workforce experience.More information about the program
Key o to interns. REEFaiFt l rNrtF naim o cau_Fsµ For past thirty years,a,ypart of the program,REEF has provided in CN
y F, does not own residential pro a�irt but annuafl leases housing. Upon request,we can provide Q
copies of lease agreements for the past decade and a letter of support from the current property owner indicating their
long-term clo mn-mitment to the internship program.Each year REEF frosts 1.5-18 young professionals In the program The �
fength of the internship varies from 4 to 12 months, REEF fully covers the cost of housing a"at no expense to the intern and E
provides a monthly stipend of up to$1,000 to each intern. In 2020,REEF launched the Oceans for All initiative to reduce �
28 barriers and increase,accessibility in the irmterraship progra�arrr.
BOCC Staff Report
File 4 2023-048 Inclusionary Housing Waiver Request to BOCC Pa Packet Pg.4081
network.REEF has rincrithiy meetings with the REEF Horida Keys VC[Unteer Cornmittee to outkne activities and
opportunities for local volunteers.Volunteers SLIPPO�I the facifitatlon of puiblic events and outreach.This will be expanded
to additional docent opportunities air the new facility.Volunteers are established communirty rnernbers,most of w1horn own
property in the area.A few current voluriteeilrS include M�Jrtd BOHAI,,Who i5 Un the Uuaid of Marrvelous Pet Rescues,Laurie
Brooks, who is on the board of Ocean Studies Charter School, and Jane Bixby,who is a retired M�anni Dade pofice officer. A
fUlf list of ccmmunity volunteers and their affiliations,can be provided upon request.
00
Because the workforce of the new cornmercial building for the Marine Conservation Center will be primarily through the CV i)
irtern and volunteer programs,and because REEF's annual budget includes expenses to ensure the success and continuity CN
of those programs,we request that Monroe County provide ail exemption to the inclusionary housling requirement. CN
Thank you f0rYIDur consideration,Please let me know if there is anV additional inforrniUon we can provide or ifyou would
| be interested in discussing this in more detail. U-
2 REEF Volunteer/Docent Program:Workforce activities at the new fac�ility wilil ilisu be supported by REEF's local volunteeg
3 See relevant Goals,Objectives, and Policies from the Comprehensive Plan below: '
4
5 Objective 101/4: Monroe County mhu| regulate nonrcmkicndd development to maintain u buunoc of
h land uses{o serve the needs ofthe future population of Monroe County. :c
7
8 KJooU 601: Monroe County mhu| adopt programs and noUdcm to facilitate uoocmm by rcmkicn{ to
9 adequate and affordable housing that is safe, decent, and structurally sound, and that meets the needs of
10 the population based ontype, tenure ohuruo{cdmdom,unit size and individual preferences.
|| J�
12 Policy 601,1,9: Monroe County mhd| maintain land development regulations which may include
13 density bonuses, ioopuo{ fee waiver programs, and other possible regulations to encourage uffoniub|c
14 housing.
|5
16 Policy 601,1,13: Monroe County shall
maintain land development regulations on inohumionmyhooming �
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17 and mhd| cvdou{c expanding the ino|omionury housing rc rcoocn{m to or`-' 4-
0
18 and transient development and redevelopment based on specific data and analysis.
|9
20 Objective G0� �` Monroe County mhd| udoI4pu��ruo/m and policies {o encourage housing of �
� , ,
21 types, sizes and priceranges {o meet the demands of current and future residents
�~
22
23 Objective 601,3: Monroe County shall continue implementation efforts to eliminate mubm{unduzd �L
Objective
24 housing and {opreserve, conserve and enhance the existing housing stock, including historic structuresW
25 and sites. l�
�
26 |
27 Policy 601,1,13: Monroe County mhd| maintain land development regulations on ino|omionmyhooming 00
28 and mhd| cvdou{c expanding the ino|omionury housing requirements to include or address nonresidential
29 and transient development and redevelopment based on specific data and analysis. w
30 w
3| \/
32
33 The applicant has provided evidence that demonstrates there is u current need for workforce housing in
34 order to opcokc the existing institutional use, which is likely to continue with the development ofthe new
�
35 mUoohurc. Although the applicant may oun.cnUy ummim{ in housing its workforce, there is no county
36 mechanism{o ensure that this continues in perpetuity.
37
38 Staff recommends denial of the upp|iost`y request to waive the nonresidential ino|omionury housing
39 requirement for the development of a new 4,296 square foot structure to serve an intuitional use pursuant
40 to Section 139'1(f)(4)b.
4|
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File#2023'048|ncluaionury Housing Waiver Request to80CC Pa I Packet Pg.4082
Q.1.b
Wn
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3
4
5 MONROE COUNTY, FLORIDA
6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS00
_
7
8 RESOLUTION NO. -2023 M
cN
9 cN
10 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY 2
11 COMMISSIONERS APPROVING/DENYING THE REQUEST TO WAIVE THE
12 INCLUSIONARY HOUSING REQUIREMENT FOR NEW DEVELOPMENT
13 LOCATED AT 98300, 98320, 98340, 98360, AND 98380 OVERSEAS HIGHWAY,
14 KEY LARGO, MILE MARKER 98,AND DESCRIBED AS LOTS 1 THROUGH 5,
15 BLOCK 2, MARION PARK, ACCORDING TO THE MAP OR PLAT THEREOF U)
16 AS RECORDED IN IN PLAT BOOK 4, PAGE 113, OF THE PUBLIC RECORDS 0
17 OF MONROE COUNTY, FLORIDA, HAVING PARCEL IDENTIFICATION
18 NUMBERS 00520550-000000, 00520540-000000, 00520530-000000, 00520520-
19 000000,AND 00520510-000000.
20
21
22 WHEREAS, on February 10, 2023, the Planning and Environmental Resources Department
23 received an application from Gay Marie Smith, on behalf of Reef Environmental Education Foundation,
24 Inc. (the "Applicant,") to waive the inclusionary housing requirement for the construction of a new 4,296
25 square foot marine conservation center (an institutional use) located at 98300, 98320, 98340, 98360, and 2
a
26 98380 Overseas Highway, Mile Marker 98, Key Largo (the "Property"); and 0
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27 0
28 WHEREAS, the subject property contains vacant land that is to be developed and aggregated
29 with property that is currently developed as an institutional use.; and
30
31 WHEREAS, pursuant to LDC Section 139-1(f)(3)a. each new development project not
32 exempted by subsection (4), shall mitigate 50% of the workforce housing demand created by the
33 proposed development by one or a combination of the methods identified in subsection (5); and 0
34
35 WHEREAS, in accordance with LDC Section 139-1(f)(5)a, the development of a new 4,296 U
36 square foot institutional structure generates the need for 1.45 affordable dwelling units with an in-lieu 0
37 fee equivalent of$155,858.88, based upon the 'Affordable Workforce Housing Support Study for Non- Mi
38 Residential Development,' prepared by Clarion Associates, LLC,prepared in June 2017; and
39
40 WHEREAS, the applicant's mitigation requirement, should the applicant choose to comply by N
41 the construction of affordable dwelling units (either on or off site)would be one (1) affordable dwelling
42 unit(rounded up from 0.725) or payment of the in-lieu fee equivalent, which is $77,929.44; and
43
44 WHEREAS, any applicant who believes that he/she may be eligible for relief from the strict
45 application of this section may petition the BOCC for relief under this subsection (f)(4). Any petitioner
46 for relief hereunder shall provide evidentiary and legal justification for any reduction, adjustment or
47 waiver of any requirements under this section. The petitioner shall use generally accepted principles and
48 methods and verifiable local information and requested relief, and
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I WHEREAS, The BOCC may reduce, adjust, or waive the requirements set forth in this
2 subsection (f), based on specific findings of fact, where the BOCC concludes, with respect to any
3 applicant, that:
4
5 1. Strict application of the requirements would produce a result inconsistent with the
6 Comprehensive Plan or the purpose and intent of this subsection;
00
7 2. Due to the nature of the proposed nonresidential development, the development furthers
8 Comprehensive Plan policies and the purpose and intent of this subsection through means other
9 than strict compliance with the requirements set forth herein; N
10 3. The applicant demonstrates an absence of any reasonable relationship between the impact of the 2
11 proposed nonresidential development and requirements of this subsection (f); i
U-
12 4. The strict application with the requirements set forth herein would improperly deprive or deny
13 the applicant of constitutional or statutory rights; or
14 5. In the event of a declared State of Local Emergency, the BOCC adopts a resolution recognizing
15 that the strict application of the nonresidential inclusionary requirements would not enhance nor U)
16 protect the health, safety and welfare of the community 0
X
17 it%
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18 WHEREAS, at a regularly scheduled meeting held on March 22, 2023, the Monroe County a
19 Board of County Commissioners ("BOCC" "Monroe County", or the "County") held a duly noticed .2
20 public hearing, considered the professional staff report, and the subject request; and 2
21
22 WHEREAS, based upon the documentation submitted and information provided, the BOCC
23 hereby makes the following findings of fact and conclusions of law:
24 U)
25 1. The applicant has/has not demonstrated an absence of any reasonable relationship between the a
26 impact of the proposed nonresidential development and requirements of this subsection (f);
27 0
28 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
29 OF MONROE COUNTY, FLORIDA
30
31 Section 1. That the request to waive the inclusionary housing requirement for the new development
32 of a 4,296 square foot institutional structure has been approved/denied.
33 U)
0
34 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,Florida
35 at a regular meeting held on the day of U
36 M
i
37 Mayor Craig Cates 00
00
38 Mayor Pro Tem Holly Merrill Raschein
39 Commissioner Michelle Lincoln Q
40 Commissioner James Scholl
41 Commissioner David Rice u
42
43 BOARD OF COUNTY COMMISSIONERS
44 OF MONROE COUNTY, FLORIDA
45
46 By:
47 MAYOR CRAIG CATES
48
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2
3 (SEAL)
4 ATTEST: KEVIN MADOK, CLERK
5
6
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7 By:
8 AS DEPUTY CLERK cn
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