Item P06 P6
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE
u,.. 9 Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5
Michelle Lincoln,District 2
- James K. Scholl,District 3
' David Rice,District 4
Board of County Commissioners Meeting
June 21, 2023
Agenda Item Number: P6
2023-1072
BULK ITEM: No DEPARTMENT: Planning & Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper
AGENDA ITEM WORDING: A Public Hearing to Review a Request for a Resolution Waiving the
Inclusionary Workforce Housing Requirement for the Change of Use of 600 Square Feet of Floor Area
From Restaurant/Commercial Retail Use to Office Use, Located at 24437 Overseas Highway, Mile
Marker 24.5, Sugarloaf Key, Monroe County, Florida, Currently Having Property Identification
Number 00194390-000000.
ITEM BACKGROUND:
The applicant is requesting a waiver of the nonresidential inclusionary housing requirement in accordance with
Land Development Code(LDC) Section 13 9-1(f)(4)b.in order to change the use from restaurant/commercial retail
to an office use(Monroe County Building Permit#C-RMDL-2023-0056). They have proposed to change 600
square feet of a 1,450 square foot building from commercial retail/restaurant to office. This change requires
application of nonresidential inclusionary housing requirements under LDC Section 139-1(f)(3)c. The
inclusionary housing requirement for the proposed change of use would be the provision of one (1) affordable
workforce housing unit,or payment of$3,531 as an in lieu fee. The applicant is requesting a waiver of the
entire inclusionary housing requirement.
LDC Section 139-11f1(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
increasing housing demand(for example from an industrial use to an office 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 (if any).
Nonresidential Inclusionary Requirement for Proposed Change of Use
#of Units
Total Housing Total In- Total Floor Area Required In Lieu Fee
Land use Category Lieu Fee to be (50 of total in
Need per SF /o per SF Redeveloped (50% of total lieu fee)
housing need)
3993
Restaurant/Commercial retail 0.000416 $66.72 -600 SF -0.1248 -$20,016.00
(existing)
Office (proposed) 0.000704 $78.49 600 SF 0.2112 $23,547.00
Total Inclusionary Housing Requirement 0.08644RUnits* $3,531.00
O
*Per LDC 139-1(f)(5)e., If the workforce housing requirement results in less than one(1) affordable dwelling unit,
then the applicant may choose to build one(1) affordable dwelling unit or pay the fee in-lieu amount.
BACKGROUND INFORMATION:
Location: Sugarloaf Key near U.S. 1 Mile Marker 24.5
Address: 24437 Overseas Highway
Legal Description: Full legal description in application file
Parcel Identification Number: 00194390-000000
Property Owner: Sandra Tuttle
Agent: Sandra Tuttle
Size of Site: 6,281.00 square feet(per Property Appraiser)
Land Use District: Suburban Commercial
Future Land Use Map (FLUM)Designation: Mixed Use/Commercial(MC)
Tier Designation: I(Natural Area)
Flood Zone: AE-8&9
Existing Uses: Developed,Restaurant/Commercial Retail
Existing Vegetation/Habitat: Developed land
Community Character of Immediate Vicinity: Commercial retail,residential to the south
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
3994
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 workforcf
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)
(1)Purpose. Consistent with Goal 601 of the Comprehensive Plan,the purpose of this subsection(f) is to ensure
that the need for affordable housing is not exacerbated by nonresidential and transient development, as follows:
1. Promote the health, safety and general welfare of the citizens of the County through the implementation of
the goals, objectives and policies of the 2030 Monroe County Comprehensive Plan; and
2. To ensure that affordable housing opportunities are available throughout the entire community and to
maintain a balanced and sustainable local economy and the provision of essential services; and
3. To increase the supply of housing affordable to targeted income groups within the community; and
4. To provide a range of housing opportunities for those who work in Monroe County but may be unable to pay
market rents or market housing prices in the community; and
5. To increase the percentage of the workforce living locally and to provide housing opportunities for lower
income groups in order to meet the existing and anticipated housing needs of such persons and to maintain a
socio-economic mix in the community; and
6. To address the affordable workforce housing needs generated by the construction and expansion of
nonresidential/transient development, and the employment that occurs at the nonresidential/transient
development after the construction or expansion is completed; and
7. To ensure that affordable workforce housing is provided to the local workforce by the employee generating
development proportionate with the demand for affordable workforce housing the development creates; and
8. To address market demands that show that the workforce in the County continues to require moderately
priced housing units,particularly those whose earnings range from 50 percent up to 120 percent of the
County's median income (the target income groups); and
9. To stimulate the private sector production of affordable workforce housing and encourage the widespread
distribution of affordable workforce housing opportunities throughout all portions of the community,
including within new and expanding developments.
(2)Intent.Nonresidential and transient use development or redevelopment generates a direct impact on housing for
the workforce. The intent of this section is to ensure that there is an affordable supply of housing for the local
workforce. This will be accomplished by requiring workforce housing be provided for all new development and
redevelopment in an amount proportionate to the need for affordable workforce housing that the nonresidential and
transient use development or redevelopment creates. The intent of this subsection is to permit nonresidential and
transient use owners to continue to establish uses consistent with the current building and safety standards and to
ensure that as development and redevelopment occurs, comprehensive plan policies regarding affordable housing
are implemented. The technical support and analysis upon which the nonresidential inclusionary housing
requirements are established are based upon the'Affordable Workforce Housing Support Study for Non-Residential
Development,'prepared by Clarion Associates, LLC,prepared in June 2017.
LDC Section 139-1(1)(4)b:
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 anyapplicant,that:
1. Strict application of the requirements would produce a result inconsistent with the Comprehensive Plan or the
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purpose and intent of this subsection;
2. Due to the nature of the proposed nonresidential development,the development furthers Comprehensive Plar
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.
Per the applicant:
"We are respectfully asking the BOCC to consider waiving the inclusionary housing fee. As this is a low intensity
office use for myself and my partner(1-2 people)low intensity use does not generate the need for employee
housing. I own a home on Summerland Key and do not require housing. We are asking for this inclusionary house
fee be waived."
Relevant Goals,Objectives,and Policies from the Comprehensive Plan 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 address nonresidential and transient
development and redevelopment based on specific data and analysis.
Data and Analysis Supporting Ordinance 001-2021:
On February 17,2021,the BOCC adopted Ordinance 001-2021, creating the nonresidential inclusionary housing
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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)5):
C. NEED FOR AFFORDABLE WORKFORCE HOUSING CREATED BY NON-RESIDENTIAL
DEVELOPMENT
The need to provide affordable workforce housing is created by development that demands labor(employees).
Because non-residential development creates a demand for labor(employees),the need for affordable workforce
housing it creates is determined in this Study.Non-residential development includes governmental, industrial,
institutional, office,retail&restaurant,tourist/recreation,hotel/motel, and other development.Nonresidential
development creates a need for labor(the workforce) in two ways: (1) employees who construct the building(s), and
(2)employees who work at the building after construction(post construction employees). Construction employees
construct the nonresidential buildings. All different types of employees work at the buildings after they are
complete, depending on the type of business.
The analysis shows that wages and salaries earned by a significant portion of Monroe County's workforce that
constructs the buildings or works in the businesses and related entities that make up non-residential development are
insufficient to allow these employees to obtain market housing at a price they can reasonably afford. After
determining the number and type of employees that serve non-residential development(construction and post-
construction), and how many of these employees cannot reasonably afford housing in Monroe County,the Study
then identifies the quantity of workforce housing need created by non-residential development.
Based on this analysis,Table 1-2: Summary of Affordable Workforce Housing Needs and Assistance Created By
Non-Residential Development, outlines the workforce housing need generated by different types of non-residential
development,both in terms of the need for workforce housing units (or a fraction thereof), and for monetary
workforce housing assistance (in lieu fees).
The above analysis was done for individual types of nonresidential uses, including office uses,the outcome of whiel
was used to establish the inclusionary housing requirements adopted by the BOCC in Ordinance 001-2021. Based
on the data in the report, office 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 County Land Development Code(LDC) Section 139-1(f).
On February 10,2023,the BOCC voted not to grant an application for a full waiver of the inclusionary affordable
housing in-lieu fee requested by the private not-for-profit applicant Reef Environmental Education Foundation, Inc.
(the "non-profit"), and instead voted to grant the non-profit a partial reduction of its affordable inclusionary housing
in-lieu fee.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION:
3997
The applicant has stated that the proposed low intensity office use does not generate a need for
employee housing. Although the applicant may be the current employee(s) of the office space, and may
currently own housing and not personally need an affordable dwelling unit, there is no county
mechanism to ensure that this continues in perpetuity. Furthermore, the data and analysis used to create
the nonresidential inclusionary housing requirements in Ordinance 001-2021 indicates there is need
created by office uses beyond what the applicant is currently providing, and the requested waiver does
not further the purpose to increase the supply of affordable workforce housing in the County.
Staff recommends denial of the applicant's request,per LDC Section 13 9-1(f)(4)b., to waive the
nonresidential inclusionary housing requirement for the redevelopment changing the use of 600 square
feet commercial retail/restaurant use to office use: provision of one (1) affordable dwelling unit, or
payment of$3,531 as an in lieu fee.
DOCUMENTATION:
2023-112 BOCC Reso.docx
2023-112 SR.docx
2023-112 Revised Application - addedtofile.pdf
BOCC Resolution No. 123-2023.pdf
FINANCIAL IMPACT:
n/a
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2
-I
4
5 MONROE COUNTY, FLORIDA
6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
7
8 RESOLUTION NO. -2023
9
10 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
11 COMMISSIONERS THE REQUEST TO WAIVE THE
12 INCLUSIONARY HOUSING REQUIREMENT FOR THE CHANGE OF USE OF
13 600 SQUARE FEET OF FLOOR AREA FROM RESTAURANT/COMMERCIAL
14 RETAIL USE TO OFFICE USE, LOCATED AT 24437 OVERSEAS HIGHWAY,
15 MILE MARKER 24.5, SUGARLOAF KEY, MONROE COUNTY, FLORIDA,
16 HAVING PARCEL IDENTIFICATION NUMBER 00194390-000000.
17
18
19 WHEREAS, on April 28, 2023, the Planning and Environmental Resources Department
20 received an application from 24437 Summerland Key, LLC, to waive the nonresidential inclusionary
21 housing requirement for the change of use of 600 square feet of floor area from restaurant/commercial
22 retail use to office use; and
23
24 WHEREAS, on May 22, 2023, the application was revised to indicate Sandra Tuttle as the
25 current owner(the "Applicant"); and
26
27 WHEREAS, the property is located at 24437 Overseas Highway, Mile Marker 24.5, Sugarloaf
28 key, Monroe County, Florida,having Parcel Identification Number 00 1943 90-000000 (the "Property");
29 and
30
31 WHEREAS, pursuant to Land Development Code (LDC) Section 139-1(f)(3)c., each
32 redevelopment project with a change of use increasing housing demand, not exempted by subsection
33 139-1(f)(4),shall mitigate 50%of the workforce housing demand created by the proposed redevelopment
34 by one or a combination of the methods identified in subsection 139-1(f)(5); and
35
36 WHEREAS, in accordance with LDC Section 139-1(f)(5)a, 50% of the workforce housing
37 demand created by the redevelopment changing the use of 600 square feet of restaurant/commercial retail
38 use to office use is 0.0864 affordable dwelling units (provision of one unit)with an in-lieu fee equivalent
39 of $3,531.00, based upon the 'Affordable Workforce Housing Support Study for Non-Residential
40 Development,'prepared by Clarion Associates, LLC in June 2017; and
41
42 WHEREAS, any applicant who believes that he/she may be eligible for relief from the strict
43 application of this section may petition the BOCC for relief under Section 139-1(f)(4) and shall provide
44 evidentiary and legal justification for any reduction, adjustment or waiver of any requirements using
45 generally accepted principles and methods and verifiable local information and requested relief, and
46
1 of 3
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1 WHEREAS, The BOCC may reduce, adjust, or waive the requirements set forth in subsection
2 139-1(f),based on specific findings of fact, where the BOCC concludes, with respect to any applicant,
3 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;
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;
10 3. The applicant demonstrates an absence of any reasonable relationship between the impact of the
11 proposed nonresidential development and requirements of this subsection (f);
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
16 protect the health, safety and welfare of the community
17
18 WHEREAS, at a regularly scheduled meeting held on June 21, 2023,the Monroe County Board
19 of County Commissioners ("BOCC" "Monroe County", or the "County") held a duly noticed public
20 hearing, considered the professional staff report, and the subject request; and
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
25 1. The applicant has/has not demonstrated an absence of any reasonable relationship between the
26 impact of the proposed nonresidential development and requirements of this subsection (f);
27
28 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
29 OF MONROE COUNTY, FLORIDA
30
31 Section 1. Recitals and Intent. The foregoing findings of fact and conclusions of law are true and
32 correct and are hereby incorporated as if fully set forth herein.
33
34 Section 2. Non-Reliance by Third-Parties. No person, business entity, or non-profit organization
35 may cite or rely upon this Resolution to enforce or attempt to enforce any third-party
36 theories of relief, claims, entitlements, or benefits.
37
38 Section 3. The Police Power Does Not Constitute a Lawful Basis Upon Which the Board May
39 Afford an Applicant and/or a Property Owner Non-Legislative Relief from the Monroe
40 County Land Development Code or Monroe County Comprehensive Plan. The Monroe
41 County Board of County Commissioners holds that, as a matter of law, the police power
42 constitutes a source of authority for the BOCC, as the local legislature. of unincorporated
43 Monroe County, to legislatively enact local laws and regulations,but where the Monroe
44 County Board of County Commissioners has legislatively set out specific criteria in the
45 Land Development Code or Comprehensive Plan, the BOCC is required to apply only
46 those specific criteria that it had put the public on notice of through its enactment of those
47 ordinances.
48
2 of 3
4000
I Section 4. The applicant's request to be excepted from the Monroe County Land Development
2 Code's requirement to provide inclusionaiy affordable-employee housing in Monroe
3 County is hereby granted/denied.
4
5 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,Florida,
6 at a regular meeting held on the 21st day of June, 2023.
7
8 Mayor Craig Cates
9 Mayor Pro Tem Holly Merrill Raschein
10 Commissioner Michelle Lincoln
11 Commissioner James Scholl
12 Commissioner David Rice
13
14 BOARD OF COUNTY COMMISSIONERS
15 OF MONROE COUNTY, FLORIDA
16
17 By:
18 MAYOR CRAIG CATES
19
20
21
22 (SEAL)
23 ATTEST: KEVIN MADOK, CLERK
24
25
26 By:
27 AS DEPUTY CLERK
3 of 3
4001
Jr
MEMORANDUM
MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
To: Monroe County Board of County Commissioners
Through: Emily Schemper, AICP, CFM, Senior Director of Planning &Environmental Resources
From: Brad Stein,AICP, Planning and Development Review Manager
Date: May 25, 2023
Subject: A request to waive the Inclusionary Housing requirement for change of use of a 600 square
foot portion of restaurant/commercial retail use to an office use,located at 24437 Overseas
Highway, Mile Marker 24.5, Sugarloaf key, Monroe County, Florida, having Parcel
Identification Number 00194390-000000 (File#2023-112).
Meeting: June 21,2023
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 from
5 restaurant/commercial retail to an office use. They have proposed to change of 600 square feet of a
6 1,450 square foot building from commercial retail restaurant to office. This change would require
7 compliance with LDC Section 139-(f)(3)c.
8
9 LDC Section 139-1(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% of the
12 workforce housing demand created by the proposed redevelopment by one or a combination of the
13 methods identified in subsection(5). The workforce housing required for nonresidential development
14 when a new use replaces an existing use and increasing housing demand(for example from an industrial
15 use to an office use) shall be calculated based on the square footage proposed for conversion and/or
16 based on the incremental increase in size of the new uses (if any).
17
Total Need Created by Nonresidential Develo went
Land use Category Total Total Total Floor #of Units Ian Lieu Fee
Housing In-Lieu Area to be Required (50% of total '
Need per Fee Redeveloped (50% of total in lieu fee)
SF per SF housing need)
Restaurant/Commercial 0.000416 $66.72 -600 SF -0,1248 $20,016.00
retail(existing)
Office(proposed) 0.000704 $78.49 600 SF 02112 $23,547.00
Total 00864 $3,531.00
18
19 The analysis described throughout this report is based on the plans submitted through Monroe County
20 Building Permit 4C-RMDL-2023-0056.
21
22
23
BOCC Staff Report
File#2023-1 12 Tnclusionaiy Housing Waiver Request to BOCC Page 1 of 7 4002
1 II BACKGROUND INFORMATION:
2 Location: Sugarloaf Key near U.S. I Mile Marker 24.5
3 Address: 24437 Overseas Highway
4 Legal Description: Full legal description in application file
5 Parcel Identification Number: 00194390-000000
6 Property Owner: Sandra Tuttle
7 Agent: Sandra Tuttle
8 Size of Site: 6,281.00 square feet(per Property Appraiser)
9 Land Use District: Suburban Commercial
10 Future Land Use Map (FLUM)Designation: Mixed Use/Commercial(MC)
11 Tier Designation: I(Natural Area)
12 Flood Zone: AE-8&9
13 Existing Uses: Developed,Restaurant/Commercial Retail
14 Existing Vegetation/Habitat: Developed land
15 Community Character of Immediate Vicinity: Commercial retail, residential to the south
16
1
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18 Subject Property(outlined in blue) (2022 Aerial)
19
20 11I RELEVANT PRIOR COUNTY ACTIONS:
21
22 On February 17, 2021, the BOCC passed and adopted Ordinance No. 001-2021, which established the
23 nonresidential inclusionary housing requirement through County Land Development Code(LDC) Section
24 139-1(f) [presented and described in greater detail in subsection IV].
BOCC Staff Report
File#2023-1 12 Mclusionaiy Housing Waiver Request to BOCC Page 2 of 7 4003
1
2 1V REVIEW OF APPLICATION:
3
4 The development proposal is to change the use from restaurant/commercial retail to an office use. The
5 proposal is to change of 600 square feet of a 1.450 square foot building from commercial retail restaurant
6 to office. A snapshot of the proposed development plan is pictured below:
7
Site Plan ® Change of Use Permit i
Main Dectrrcai R;anell and
[Asconn,e,ct/Shut Off
`�. RDltFtr rrai 1111 21)
I IkEn.j�E,,Wmm a n' ,' 45,
ltE 5 e r
m/IEmi rgeincy EMT IlsEla't' � 6tint dtiilty
v,0 IEnn a,r.,a..nr.:D, Upset
V""M,lirllivt
above aV l dsurrur
E:+IFt1L ri IDiarar S x� 1 Bathroom
W Iliruerfeinc;o II"Y.IT fight
V 6;1
Bathroom
Closet
G) 600
SIB Office Use
,850 SF
s ra 'In
Retail Usle BB'1
k I RE S 619 x:it"lDararr
'ttJ'Eirsr+�i*err¢: I.aCI"F`IL.f t'at
gar "nrner quo m't k ght
raiaxx a�u:
ere The Florida Hire Prevention Code us
Property Address:24437 Overseas Highway adopted by the state IFrire Marshal at
eaa�aaarnerlarra� a ��. 33042' ' three year intervals as requ iIired by
r Chapter 633 '202,Florida Statutes.
9)Path of Egress and Envergenc Exit
Suoject: Change of Use Permit Applka'tiaan Light is indkated ova site piIan.,
2)Occupancy IlLrwad is 29 Seats
-Current Use:, Restrau'nt/Retail 3)Fire Lane Indicate on 5rvte Im
-Change'TD,Use: Restraaunt l Retail/Office 4)Identification Et Locatw,n of
-Total 5Q;Feet 1,450 FIRE LADE diisconinect means of ellectrieal
'estra'trnt f Retail Use: S P 5' T c cusat located on site I04FPA 70
t iD.2i)
-Office Use: 600 5Q FT
8
9
10 In accordance with LDC Section 139-1, the redevelopment with a change of use for 600 square feet of
11 office use generates the need for 0.17 affordable dwelling units based upon the 'Affordable Workforce
12 Housing Support Study for Non-Residential Development,'prepared by Clarion Associates,LLC,prepared
13 in June 2017.
14
BOCC Staff Report
File#2023-1 12 Mclusionaty Housing Waiver Request to BOCC Page 3 of 7 4004
I Each new development project shall mitigate 50% of the workforce housing demand created by the
2 proposed development by one or a combination of the methods identified. The applicant's mitigation
3 requirement, should the applicant choose to comply by the construction of affordable dwelling units (either
4 on or off site)would be one(1) affordable dwelling unit(rounded up from 0.086) or payment of the in-lieu
5 fee equivalent,which is $3,531.00.
6
7 All nonresidential uses not exempted shall mitigate the demand for workforce housing created by the
8 proposed development or redevelopment by one or a combination of the methods identified below:
9
10 1. The construction of worldorce housing dwelling units on the site of the development project. The
11 workforce housing dwelling units shall meet the County's affordable housing restrictions as
12 specified in Section 139-1(b) and(c), for a period not less than 99 years;
13 2. The construction of workforce housing dwelling units off-site of the development project but within
14 a 15 mile radius of the nonresidential development/ redevelopment. The workforce housing
15 dwelling units shall meet the County's affordable housing restrictions as specified in Section 139-
16 1(b) and(c), for a period not less than 99 years;
17 3. The deed-restriction of existing dwelling units within a 15 mile radius of the nonresidential
18 development/redevelopment. The workforce housing dwelling units meet the County's affordable
19 housing restrictions as specified in Section 139-1(b)and(c), for a period not less than 99 years;
20 4. The donation of land to the County, upon the acceptance of the BOCC of a proposed parcel or
21 parcels, may satisfy the requirements of this subsection by donating one (1) IS or URM zoned
22 platted lot for each workforce housing unit required but not provided through actual construction
23 or in-lieu fees (or a Tier III parcel or parcels of land zoned other than 1S or URM as long as the
24 donated parcel(s)have the appropriate density available to support the development of the required
25 number of workforce units); and/or
26 5. The payment of a fee in-lieu for the inclusionary housing requirement for all or a percentage of the
27 workforce housing units required.The in-lieu fee shall be paid prior to issuance of a building permit
28 for the nonresidential development or redevelopment. All in-lieu fees shall be deposited into the
29 affordable housing trust fund and spent solely for the purposes allowed for that fund.
30
31 LDC Section 139-1(f)
32 (1)Purpose. Consistent with Goal 601 of the Comprehensive Plan, the purpose of this subsection (f) is to
33 ensure that the need for affordable housing is not exacerbated by nonresidential and transient development,
34 as follows:
35 a. Promote the health, safety and general welfare of the citizens of the County through the
36 implementation of the goals, objectives and policies of the 2030 Monroe County Comprehensive
37 Plan; and
38 b. To ensure that affordable housing opportunities are available throughout the entire community and
39 to maintain a balanced and sustainable local economy and the provision of essential services; and
40 c. To increase the supply of housing affordable to targeted income groups within the community; and
41 d. To provide a range of housing opportunities for those who work in Monroe County but may be
42 unable to pay market rents or market housing prices in the community; and
43 e. To increase the percentage of the workforce living locally and to provide housing opportunities for
44 lower income groups in order to meet the existing and anticipated housing needs of such persons
45 and to maintain a socio-economic mix in the community; and
46 f. To address the affordable workforce housing needs generated by the construction and expansion of
47 nonresidential/transient development, and the employment that occurs at the
48 nonresidential/transient development after the construction or expansion is completed; and
49 g. To ensure that affordable workforce housing is provided to the local workforce by the employee
50 generating development proportionate with the demand for affordable workforce housing the
51 development creates; and
BOCC Staff Report
File#2023-1 12 Mclusionaiy Housing Waiver Request to BOCC Page 4 of 7 4005
I h. To address market demands that show that the workforce in the County continues to require
2 moderately priced housing units, particularly those whose earnings range from 50 percent up to
3 120 percent of the County's median income(the target income groups); and
4 i. To stimulate the private sector production of affordable workforce housing and encourage the
5 widespread distribution of affordable workforce housing opportunities throughout all portions of
6 the community, including within new and expanding developments.
7 (2) Intent. Nonresidential and transient use development or redevelopment generates a direct impact on
8 housing for the workforce.The intent of this section is to ensure that there is an affordable supply of housing
9 for the local workforce.This will be accomplished by requiring workforce housing be provided for all new
10 development and redevelopment in an amount proportionate to the need for affordable workforce housing
11 that the nonresidential and transient use development or redevelopment creates.The intent of this subsection
12 is to permit nonresidential and transient use owners to continue to establish uses consistent with the current
13 building and safety standards and to ensure that as development and redevelopment occurs,comprehensive
14 plan policies regarding affordable housing are implemented.The technical support and analysis upon which
15 the nonresidential inclusionary housing requirements are established are based upon the 'Affordable
16 Workforce Housing Support Study for Non-Residential Development,' prepared by Clarion Associates,
17 LLC,prepared in June 2017.
18
19 LDC Section 139-1(t)(4)b:
20
21 The BOCC may reduce, adjust, or waive the requirements set forth in this subsection M, based on
22 specific findings of fact, where the BOCC concludes,with respect to any applicant,that:
23
24 1. Strict application of the requirements would produce a result inconsistent with the Comprehensive
25 Plan or the purpose and intent of this subsection;
26 2. Due to the nature of the proposed nonresidential development, the development furthers
27 Comprehensive Plan policies and the purpose and intent of this subsection through means other
28 than strict compliance with the requirements set forth herein;
29 3. The applicant demonstrates an absence of any reasonable relationship between the impact of the
30 proposed nonresidential development and requirements of this subsection(f);
31 4. The strict application with the requirements set forth herein would improperly deprive or deny the
32 applicant of constitutional or statutory rights; or
33 5. In the event of a declared State of Local Emergency, the BOCC adopts a resolution recognizing
34 that the strict application of the nonresidential inclusionary requirements would not enhance nor
35 protect the health, safety and welfare of the community.
36
37 Any applicant who believes that he/she may be eligible for relief from the strict application of this
38 section may petition the BOCC for relief under this subsection (f)(4). Any petitioner for relief
39 hereunder shall provide evidentiary and legal justification for any reduction, adjustment or waiver
40 of any requirements under this section. The petitioner shall use generally accepted principles and
41 methods and verifiable local information and data, and other appropriate materials to support the
42 requested relief.
43
44 Per the applicant:
45 "We are respectfully asking the BOCC to consider waiving the inclusionary housing fee. As this is a low
46 intensity office use for myself and my partner(1-2 people)low intensity use does not generate the need for
47 employee housing. I own a home on Summerland Key and do not require housing. We are asking for this
48 inclusionary house fee be waived."
49
50
51
52
53
BOCC Staff Report
File#2023-1 12 Mclusionaiy Housing Waiver Request to BOCC Page 5 of 7 4006
I See relevant Goals, Objectives, and Policies from the Comprehensive Plan below:
2
3 Objective 101.4:Monroe County shall regulate nonresidential development to maintain a balance of land
4 uses to serve the needs of the future population of Monroe County.
5
6 Goal 601: Monroe County shall adopt programs and policies to facilitate access by residents to adequate
7 and affordable housing that is safe, decent, and structurally sound, and that meets the needs of the
8 population based on type, tenure characteristics,unit size and individual preferences.
9
10 Policy 601.1.9: Monroe County shall maintain land development regulations which may include density
11 bonuses,impact fee waiver programs, and other possible regulations to encourage affordable housing.
12
13 Policy 601.1.13: Monroe County shall maintain land development regulations on inclusionary housing
14 and shall evaluate expanding the inclusionary housing requirements to include or address nonresidential
15 and transient development and redevelopment based on specific data and analysis.
16
17 Objective 601.2: Monroe County shall adopt programs and policies to encourage housing of various
18 types, sizes and price ranges to meet the demands of current and future residents.
19
20 Objective 601.3:Monroe County shall continue implementation efforts to eliminate substandard housing
21 and to preserve, conserve and enhance the existing housing stock, including historic structures and sites.
22
23 Policy 601.1.13: Monroe County shall maintain land development regulations on inclusionary housing
24 and shall evaluate expanding the inclusionary housing requirements to include or address nonresidential
25 and transient development and redevelopment based on specific data and analysis.
26
27 Data and Analysis Supporting Ordinance 001-2021:
28 On February 17, 2021, the BOCC adopted Ordinance 001-2021, creating the nonresidential inclusionary
29 housing requirements in LDC Section 139-1. Prior to adoption, to develop inclusionary housing
30 requirements for the nonresidential sector to build workforce housing,the County contracted with Clarion
31 Associates and RRC Associates to complete the data and analysis necessary to establish the workforce
32 need generation and a rational nexus of need generation and affordable mitigation needs. This data was
33 completed and presented on November 14,2017,to the BOCC (2016 Monroe County Employer Survey
34 Results by RRC Associates and 2017 Affordable Workforce Housing Support Study for Non-residential
35 Development by Clarion Associates).
36
37 From the report's executive summary(page 5):
38
39 C. NEED FOR AFFORDABLE WORKFORCE HOUSING CREATED BY NON-RESIDENTIAL
40 DEVELOPMENT
41
42 The need to provide affordable workforce housing is created by development that demands labor
43 (employees). Because non-residential development creates a demand for labor(employees),the need for
44 affordable workforce housing it creates is determined in this Study.Non-residential development includes
45 governmental,industrial,institutional,office,retail&restaurant,tourist/recreation,hotel/motel,and other
46 development. Nonresidential development creates a need for labor (the workforce) in two ways: (1)
47 employees who construct the building(s), and(2) employees who work at the building after construction
48 (post construction employees). Construction employees construct the nonresidential buildings. All
49 different types of employees work at the buildings after they are complete, depending on the type of
50 business.
51
52 The analysis shows that wages and salaries earned by a significant portion of Monroe County's workforce
53 that constructs the buildings or works in the businesses and related entities that make up non-residential
BOCC Staff Report
File#2023-1 12 Mclusionaiy Housing Waiver Request to BOCC Page 6 of 7 4007
I development are insufficient to allow these employees to obtain market housing at a price they can
2 reasonably afford. After determining the number and type of employees that serve non-residential
3 development(construction and post-construction), and how many of these employees cannot reasonably
4 afford housing in Monroe County, the Study then identifies the quantity of workforce housing need
5 created by non-residential development.
6
7 Based on this analysis, Table 1-2: Summary of Affordable Workforce Housing Needs and Assistance
8 Created By Non-Residential Development, outlines the workforce housing need generated by different
9 types of non-residential development,both in terms of the need for workforce housing units (or a fraction
10 thereof), and for monetary workforce housing assistance(in lieu fees).
11
12 The above analysis was done for individual types of nonresidential uses, including office uses, the
13 outcome of which was used to establish the inclusionary housing requirements adopted by the BOCC in
14 Ordinance 001-2021.Based on the data in the report,office uses do create a need for affordable workforce
15 housing.
16
17 V RECOMMENDATION:
18
19 The applicant has stated that the proposed low intensity office use does not generate a need for employee
20 housing.Although the applicant may be the current employee(s)of the office space,and may currently own
21 housing and not personally need an affordable dwelling unit, there is no county mechanism to ensure that
22 this continues in perpetuity. Furthermore, the data and analysis used to create the nonresidential
23 inclusionary housing requirements in Ordinance 001-2021 indicates there is need created by office uses
24 beyond what the applicant is currently providing, and the requested waiver does not further the purpose to
25 increase the supply of affordable workforce housing in the County.
26
27 Staff recommends denial of the applicant's request, per LDC Section 139-1(f)(4)b., to waive the
28 nonresidential inclusionary housing requirement for the redevelopment changing the use of 600 square feet
29 commercial retail/restaurant use to office use: provision of one (1) affordable dwelling unit, or payment of
30 $3,531 as an in lieu fee.
BOCC Staff Report
File#2023-1 12 Mclusionaiy Housing Waiver Request to BOCC Page 7 of 7 4008
ai,11�I11,1 CAT]"0
ONROE COUNTY
PLANNtNG& ENVIRONMENTAL RESOURCES I)EPA T
MAY
2a° 2023
Inclusionary Housing : e ption and Waiver Request to the Mottroe County Board of f:;ount;
Commissioners
Monroe County .fi e Section -1(e)( (Residential c ent e r ^) and/or - ( (
(Nonresidential l cl zt ionar' a
Inclusionary Housing Eateitalatittta Application Fee: $1,1 liwF,()C)
Date of Application: �....._�.. ' -J Au.
Month Day Y ear
Applicant % Agent Authorized to Act for Property OV,"plel':(Agents must provide notariml authorizAtion from all prolierty owners.)
, lxlxl%n aaat(Name of Person, Business or Organization) Nam c:r Person
Submitting this Application
12-
mMailing Address(Street,City, w rag!Zip C;r.de) cvn
W.
Work Phone FF:tnme Phone Cell Phone Email Address
Property Owner/ petitioner. a uawssit:orp must Include documents showing",no has kgal auathaaaize to sign.)
(Iw aauaxa xxtwty) Contact Person
Lk
Mailing ddress(Street,City,Stale and Alta(:"ode)
Work Plataaaa: .............. .._.. l-laaaaraa Phone ! eH Phone l'mail al .tlalress
Legal Description of Property:
(if in metes and bounds,attaaala legal description on separate sheet.)
4NA �t � ar
m
FSlcau Lot ywaxlaaiaaru' aara Key
Real Fw:stataa( ll) N umber r Parcel ID i annralat^r Alternate Ke Wl ux
_._...:_._ a......... c :._ _ .w._ww. __ _.w._. ._._...... ....
y�ixc,a;t aialan s,s(Street, City ytatc ll;ila) aFxrtns.rtxaaataµ lea. lja� r
Page t of
1 daunt Rckised March -102.3 4009
V P I AC/V F RY,
Land Use(Zoning) District Designation(s)of Property(s): _-S L
Present Land Use(s)of Property(s): ..........
Proposed Land Use(s) of Property(s):
u p rrent inclusionaryhousing requirement: ..........
Pursuant to Monroe County Code Section 139-1.(e)(3)b(Residential loci usionary) and/or 139-1(f)(4)b
(Nonresidential hiclusionary),the BOCC is authorized to reduce,adjust or waive the requirements based
on the following criteria:
The B OCC may redUce, adjUSt, or waive the re(4uirernents set fbilh in subsections 139-1(e) andjor 139-1(f) where,
based on specific findings of fact, the BOCK.'concludes, with respect to any developer or property owner, that:
1, Strict application of tine r"juirements would produce a result inconsistent with the (7ornprehensive I'lan
or the purpose and intent of this subsection;
2. Due to the nature of the proposed resi dential/non residential development, the development feathers
(','ornprehensive Plan policies and the purpose and intent of this subsection through means other tham
strict cornpliance willi the requirements set fbi-th herein;
3, The developer or property owner denurnstrates an absence of any reasonable relationship belweer) the
impact of the proposed residential/nonresidential development and requirements of subsection 139-1(e)
an(111"or 13 9-1(f);
4. The strict application with tlie requirernents set fiwth herein would improperly deprive or deny the
d(weloper or property owner of"constitutional or statUtory rights', or
5, In the event ofa declared State of`mescal Fimergency, the BOCIC adopts a resolution recognizing that the
strict applic.ation of the resi(ten ti al/nonresidential inchisionwy requirements would not enhance nor
protect the health, safety and welfare of the cortmiunity.
Any devek>per or property owner who Wieves that lie/she may be eligible for relief, rorn the strict application of'
I
the inclusionary housing section may petition the BOCC for refief. Airy pelitioner for ivliefhereunder shall
provide evidentiary and an Y reduction, 4jusinient or waiver qf anY rc quiretnents.
Provide reason(s) for exemption or waiver request (attach additional sheets if necessary) based on the
Monroe ,'ounty Code Section 139-1(e)(3)b and/or 1394(f)(4)b:
.1-
A�- - ----------
A ........
A......... ......
.............
—4-
..........
Page 2 ofA
Lao Rv,6scd Nhvch !023 4010
y P I'Ll CATI(")1C
All of the following must be submitted in order to have a complete application Submittal:
(I'le, e check a u a s year cacti requ n app ii-ed iM to the lication)
�I
/Complete applicatio�n(unaltered and unbi-nind)
Correct fee(check, or nioney i-der to Monroe (,'ounq,F'lanning�& E twin onmepital Resources)
Proof of ownership(i.e. Warranty DcTd)
If applicable,the Mowing must be submitted in order to have an complete application submittal-
0 Notarized Agent Authoritation Letter(tiote: authori7ation is needed frorri all owner(s)ofthe subJect
property)
Copy of any Letters of Understanding pertaining to the proposed projmt
El Copy of any recorded conditional use pen nit and any previous niodification approvals
El Copy ofthe most recently, approved site plan
is there as pending code enforcementpr(weeding involving all or as pottion of this Property?
-ibc,the enfiorcernent proceedings and if this
Yes 0 No Code,('asefile# Descy
application is being submitted to conect the violation..— 'S
ccw
ir,t-S kc,
If deemed necessar%y to complete as full review of the application,the Planning& Environmental Resources
Department retire es the right to request additional inforruation.
Page 3 of 4
Lmt lRe�isvd Vlarch ?023 4011
APPLICATION
'rhe applicant/o%vner hereb)� acknowledges and agrees that any staff discussions or negotiations about conditions
of approval are preliminary only, and are not final, nor are they the specific conditions or demands required to
gain approval of the application, unless the conditions or dernands are actually included in writing in the final
development order or the I'Inal denial detertnination or order.
By sigping this application, the owner of the SLIM JeCt property authorizes the Monroe County Planning &
Environmental Resources staff to conduct all necessary site visits and inspections on the subject property.
1,the Applicant, certify that I as familiar with the information contained in this application,and that to qIe best,
ofmy knowledge such information is tTue,complete arid accurate,
Signature of Applicant: Date:
1- -1111.1------.1.
s'l-ATE 01' 0(1 �A
COUNTY OF _MIA
Sword to and subscribed before me, by rneans of eitherX physical presence OR 0 online nowrization,
41k i
(.)It day 2021 by _
(PRNIISN-�AME OF�IIEA MON
Who 04 personally known to me OR 0 prodliCed as
(TYPE OF If)PR,01)LJ('TIJ)
identification,
......................
99"1
SIGNA"TURH OF "TARY PUBLI(,' NOWJNM An R,JN'F,TYI'E OR s'rAMP COMMISSIONFI)
cx�1 �1 i T
,WE OF NOTARY PUBLIC
MY COMMISSION EXPIRES:
Send complete application package to:
Monroe County Planning& Environmental Resources Department
Marathon Government Center,
2798 Overseas Highway, Suite 404)
Marathon, Fl.j 33050
W
Page 4 of 4
Lm ReAked March 2021
3 4012
c
l F�� wr
4
5 MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
RESOLUTION NO. 123 -2023
10 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
11 COMMISSIONERS GRANTING LIMITED APPROVAL IN PART OF REEF
12 ENVIRONMENTAL EDUCATION FOUNDATION INC.'S REQUEST FOR A
13 WAIVER OF THE NON-RESIDENTIAL INCLUSIONARY AFFORDABLE
14 HOUSING REQUIREMENT FOR NEW DEVELOPMENT OF A 4,296 SQUARE
15 FOOT BUILDING FOR AN INSTITUTIONAL USE LOCATED AT 98300, 98320,
1.6 98340, 98360, AND 98380 OVERSEAS HIGHWAY, KEY LARGO, LEGALLY
1.7 DESCRIBED AS LOTS 1 THROUGH 5, BLOCK 2, MARION PARK,
18 ACCORDING TO PLAT THEREOF AS RECORDED IN IN PLAT BOOK 4,PAGE
1.9 1.1.3, OF THE OFFICIAL RECORDS OF MONROE COUNTY, CURRENTLY
20 HAVING PROPERTY IDENTIFICATION NUMBERS 00520550-000000,
3� 00520540-000000, 00520530-000000, 00520520-000000,AND 0052051.0-000000.
23
24 WHEREAS, on February 10, 2023, the Monroe County Planning and Environmental Resources
25 Department received an application from Gay Marie Smith, on behalf of the Florida-registered foreign
26 not-for-profit corporation Reef Environmental Education Foundation, Inc. (the "Developer", "Reef
27 Environmental Education Foundation Inc.", or the"applicant"),requesting for the Monroe County Board
28 of County Commissioners (`BOCC" or "Board") to waive the Monroe County Land Development
29 Code's inclusionary housing requirement for the Developer's development, including landclearing, of
30 the following five Tier 1 parcels in Key Largo,l to construct a 4,296 square foot non-residential building
31 for a principal institutional use described as a(marine) conservation center:
32
33 ■ One (1) Tier I Parcel Located at 98380 Overseas Highway and Currently Having Property
35 Identification Number 00520510-000000; and
36 ■ One (1) Tier I Parcel Located at 98360 Overseas Highway and Currently Having Property
R Identification Number 00520520-000000; and
39 ■ One (1) Tier I Parcel Located at 98340 Overseas Highway and Currently Having Property
4I Identification Number 00520530-000000; and
42 ■ One (1) Tier I Parcel Located at 98320 Overseas Highway and Currently Having Property
14 Identification Number 00520540-000000; and
45 ■ One (1) Tier I Parcel Located at 98300 Overseas Highway and Currently Having Property
46 Identification Number 00520550-000000.
47
48 WHEREAS, the first four above-referenced Tier I properties contain vacant and undeveloped
49 lands that are to be developed (landcleared for construction by Reef Environmental Education.
50 Foundation Inc.) and aggregated with the final above-referenced Tier 1 property that is currently
51 developed with an institutional use owned by this Developer; and
1 Mile Marker 98.
1 of 6
4013
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
5
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
11
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
1.5 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
17
1.8 WHEREAS, LDC Section 1.39-1(f)(4)(b.) provides that any "applicant who believes that that
1.9 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
24
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
31
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:
35
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:
39
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 50010 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
Rounding up from 0.725.
2of6
4014
I options for meeting that requirement,for fulfilling that. One would be to actually provide
2 the workforce housing. So building on-site, [or] buy a unit somewhere else, [or] link to a
3 different affordable housing project that's not already required for something else, and,
4 in that case,you'd obviously have to round up from 0.72 units to 1 whole unit. So provide
5 1 unit of housing, or pay an in-lieu fee. The in-lieu fee in this case would come out to
6 approximately $78,000.00. Reef [Environmental Education Foundation Inc.] is requesting a
7 full waiver of that in-lieu fee for that [single] unit requirement. . . . The argumentation from
8 Reef . . . is that they already do provide for housing for their interns who staff their
9 operation. They have about 12 to 18 interns a year,they rent them housing within the Key
10 Largo community, and their other staff essentially are actually volunteers who already
11 live in the community. So while Planning staff recognizes that that is a very good step
12 towards this workforce housing issue, to be locating and providing for their housing of
13 the actual employees, it doesn't quite meet the actual purpose of the inclusionary housing
14 ordinance. So the numbers in the inclusionary housing ordinance were based on a very
1.5 detailed study, and it's not only about the staff of the use after it's built, it also is about
16 the construction workers who are employed to build things like this, and the additional
17 workforce housing need that's created by ongoing development. The other thing that it
1.8 does not quite meet, in terms of the purpose of the inclusionary housing ordinance, is the
1.9 supply and demand issue within the larger community. So by providing an additional unit
20 of workforce housing, it's not just about housing your own staff, it's about creating more
21 supply of affordable-workforce housing in the greater community so that you're not just
22 renting a different unit and taking that one off the market for someone else who may need
23 it. . . .I did want to remind you of the different options they have for meeting this,I briefly
24 went over them,but I wanted to be a little more specific. [T]he first option is to build workforce
25 housing on the site of development. I do want to point out [that] this property in particular is
26 Tier 1, so it's not eligible for affordable ROGO allocations. So for them to just incorporate a
27 housing unit into their project is not really feasible unless they can find a market rate [ROGO]
28 unit somewhere and somehow make it to the top of the ROGO list, etc. So that one, it's not as
29 simple for them. The second option is to construct a workforce housing unit off-site, so build a
30 unit on a different property. The third would be to deed-restrict an existing dwelling unit that
31 would have to be within a 15 mile radius, the off-site also would have to be within a 15 mile
32 radius of their project. To fulfill that construction off-site or existing dwelling unit deed
33 restriction, they could also link to another project. So if there's already an affordable housing
34 project going on somewhere else they could link to that if it's within a 15 mile radius. One
35 important caveat to that is other than [standard] building permit fee waivers and impact fee
36 waivers, a project they would link to cannot be one that is constructed with County funding. So
37 if the County, for example, has bought the property for an affordable housing project, it can't
38 be used as linkage then for inclusionary housing. . . . The fourth option is donation of land to
39 the County. So either donating an Improved Subdivision [IS] platted lot or some other zoning
40 category that does actually have density for 1 unit. And then the fifth option of course is in-lieu
41 fee, so in this case the amount required by the Code is $78,000."
42
43 (Emphasis supplied).
44
45 2. Gay Marie Smith, in her capacity as the Developer Reef Environmental Education. Foundation.
46 Ins.'s authorized agent, orally asserted the following, in pertinent part, on behalf of the
47 Developer:
3 of 6
4015
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 staff's
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."
14
1.5 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:
18
1.9 "[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."
26
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.:
30
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.
Forinally registered with the Florida Division of Corporations as":Protect.Key West and the Florida Keys,Inc."
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I that this development is going to create, and it will address the affordable-workforce housing
2 needs generated by the construction,as well as the expansion, of the new [marine conservation]
3 center. I just also want to mention that this is the world headquarters for this non-profit
4 organization —worldwide organization — and the County is being asked to carry the weight of
5 that organization. So please do not approve the waiver request. Thank you very much on behalf
6 of the board of Last Stand."
7
8 5. In Board discussion,Mayor Cates stated the following in review of the Developer's application
9 and request:
10
11 "As much as I want to support the non-profit and it's important, but we've got to stay focused
12 on the big picture also of our affordable housing issue we have. So yes I could support lowering
13 [the in-lieu fee], but I think they should have some input into the affordable housing [non-
14 residential inclusionary in-lieu fee] because yes [Reef] will have employees, because you just
1.5 brought it up,you had three that fit into affordable housing positions. So that being said I could
16 support lowering [the non-residential inclusionary in-lieu fee] but not completely waiving it."
17
1.8 6. In. Board discussion, Commissioner Rice stated the following in review of the Developer's
1.9 application and request:
20
21 "I agree. If we're going to have inclusionary housing, that's an important thing. And I do
22 understand their mission, I do understand that they're a not-for-profit and they support the
23 County in many ways and their environment, so I would agree with you, lowering [the non-
24 residential inclusionary housing fee] but not totally waiving [the in-lieu fee]."
25
26 7. The Monroe County Board of County Commissioners hereby finds and concludes:
27
28 Fact-intensive analysis of the particular application in this specific matter demonstrates that the
29 particular request in this specific matter is so idiosyncratic that the strict application of the
30 salient requirements of the Code would produce a result inconsistent with the intent or purpose
31 of this subsection(f),the inclusionary housing requirement for the new development of a 4,296
32 square foot building for an institutional use owned and operated by the non-profit Reef
33 Environmental Education Foundation hic. therefore shall be reduced from 50% of the
34 workforce housing demand created to 25% of the workforce housing demand created, and,
35 accordingly, the in-lieu fee equivalent to meet Reef s inclusionary affordable housing
36 mitigation under and consistent with the Land Development Code and Comprehensive Plan
37 shall be $38,964.72.
38
39 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
40 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
41
42 Section 1. Recitals,Purpose, and Intent. The foregoing findings of fact and conclusions of law are
43 true and correct and are hereby incorporated as if fully set forth herein.
44
45 Section 2. Decision. The Developer's request to be excepted from the Monroe County Land
46 Development Code's requirement to provide inclusionary affordable-employee housing
47 in. Monroe County is hereby granted to the extent memorialized above, with the
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I inclusionary in-lieu fee required to meet the Developer's inclusionary affordable housing
2 mitigation being reduced from $77,929.44 to $38,964.72.
3
4 Section 3. Interpretation. The interpretation of this Resolution, and all provisions of the Monroe
5 County Codes, Comprehensive Plan, floodplain management regulations, and Florida
6 Building Code whose interpretation arises out of,relates to,or is interpreted in connection
7 with this Resolution, these being necessary for the health, safety, and welfare of the
8 residents of and visitors to unincorporated Monroe County, shall be construed in favor of
9 the Monroe County BOCC, and such interpretations shall be entitled to great weight in
10 adversarial administrative proceedings, at trial, and on appeal.
11
12 Section 4. Non-Reliance by Third-Parties. No person, business entity, or non-profit organization
13 may cite or rely upon this Resolution to enforce or attempt to enforce any third-party
14 theories of relief, claims, entitlements, or benefits.
15
16 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,Florida,
17 at a regular meeting held on the 22"d day of March, 2023.
18
19 Mayor Craig Cates YES
20 Mayor Pro Tern Holly Merrill Raschein YES
21 Commissioner Michelle Lincoln YES
22 Commissioner James Scholl YES
24 Commissioner David Rice YES
25 BOARD OF CQWTY COMMISSIONERS
26 OF MONRO NTY, RI
27
. a By:
29fr }% Mkyok CRAG GATES
MQNROE COUNTY ATTORNEY
A BED S'TA,FQRM
gate: T. s4C!23
34 A1''EST. ;'EVIN MADOK, CLERK
35
36
37 By: 4 �
38 AS DEPUTY CLERK
-+�- rn
cn
�.
6 of 6
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23 \�\
4
5 MONROE COUNTY, FLORIDA
6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
7
8 RESOLUTION NO. -2023
9
10 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
11 COMMISSIONERS APPROVING THE REQUEST TO WAIVE THE
12 INCLUSIONARY HOUSING REQUIREMENT FOR CHANGE OF USE OF A 600
13 SQUARE FOOT PORTION OF RESTAURANT/COMMERCIAL RETAIL USE
14 TO AN OFFICE USE, LOCATED AT 24437 OVERSEAS HIGHWAY, MILE
15 MARKER 24.5, SUMMERLAND KEY,MONROE COUNTY,FLORIDA,HAVING
16 PARCEL IDENTIFICATION NUMBER 00194390-000000 (FILE # 2023-112).
17
18
19 WHEREAS, on April 28, 2023, the Planning and Environmental Resources Department
20 received an application, the application was revised to update current property owner May 22, 2023, by
21 Sandra Tuttle (the "Applicant,")to waive the inclusionary housing requirement, for a change of use of a
22 600 square foot portion of restaurant/commercial retail use to an office use; and
23
24 WHEREAS, the property is located at 24437 Overseas Highway, Mile Marker 24.5,
25 Summerland key, Monroe County, Florida, having Parcel Identification Number 00194390-000000 (the
26 "Property"); and
27
28 WHEREAS,pursuant to Land Development Code (LDC) Section 139-1(f)(3)c. Redevelopment
29 with a Change in Use Increasing Housing Demand. Each redevelopment project with a change of use
30 increasing housing demand, not exempted by subsection (4), shall mitigate 50% of the workforce
31 housing demand created by the proposed redevelopment by one or a combination of the methods
32 identified in subsection(5). The workforce housing required for nonresidential development when a new
33 use replaces an existing use and increasing housing demand (for example from an industrial use to an
34 office use) shall be calculated based on the square footage proposed for conversion and/or based on the
35 incremental increase in size of the new uses (if any); and
36
37 WHEREAS, in accordance with LDC Section 139-1(f)(5)a, the redevelopment of a new 600
38 square foot of restaurant/commercial retail to office generates a required 50% need for 0.09 affordable
39 dwelling units with an in-lieu fee equivalent of $3,531.00, based upon the 'Affordable Workforce
40 Housing Support Study for Non-Residential Development,'prepared by Clarion Associates, LLC in June
41 2017; and
42
43 WHEREAS, any applicant who believes that he/she may be eligible for relief from the strict
44 application of this section may petition the BOCC for relief under Section 139-1(f)(4). Any petitioner
45 for relief hereunder shall provide evidentiary and legal justification for any reduction, adjustment or
46 waiver of any requirements under this section. The petitioner shall use generally accepted principles and
47 methods and verifiable local information and requested relief, and
1 of 3
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;
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;
10 3. The applicant demonstrates an absence of any reasonable relationship between the impact of the
11 proposed nonresidential development and requirements of this subsection (f);
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
16 protect the health, safety and welfare of the community
17
18 WHEREAS, at a regularly scheduled meeting held on June 21, 2023, the Monroe County Board
19 of County Commissioners ("BOCC" "Monroe County", or the "County") held a duly noticed public
20 hearing, considered the professional staff report, and the subject request; and
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
25 1. Following fact-intensive analysis of the particular application in this specific matter, it is found
26 that strict application of the requirements would produce a result inconsistent with the
27 Comprehensive Plan or the purpose and intent of this subsection;
28
29 2. That the inclusionary housing requirement for the redevelopment, change of use of a 600 square
30 foot portion of restaurant/commercial retail use to an office use shall been reduced from 50% of
31 the workforce housing demand created to 0% of the workforce housing demand created.
32
33 3. That the in-lieu fee equivalent to meet the Applicant's mitigation shall be $0.00.
34
35 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
36 OF MONROE COUNTY, FLORIDA
37
38 Section 1. Recitals and Intent. The foregoing findings of fact and conclusions of law are true and
39 correct and are hereby incorporated as if fully set forth herein.
40
41 Section 2. Non-Reliance by Third-Parties. No person, business entity, or non-profit organization
42 may cite or rely upon this Resolution to enforce or attempt to enforce any third-party
43 theories of relief, claims, entitlements, or benefits.
44
45 Section 3. The Police Power Does Not Constitute a Lawful Basis Upon Which the Board May
46 Afford an Applicant and/or a Property Owner Non-Legislative Relief from the Monroe
47 County Land Development Code or Monroe County Comprehensive Plan. The Monroe
48 County Board of County Commissioners holds that, as a matter of law, the police power
2 of 3
I constitutes a source of authority for the BOCC, as the local legislature. of unincorporated
2 Monroe County, to legislatively enact local laws and regulations, but where the Monroe
3 County Board of County Commissioners has legislatively set out specific criteria in the
4 Land Development Code or Comprehensive Plan, the BOCC is required to apply only
5 those specific criteria that it had put the public on notice of through its enactment of those
6 ordinances.
7
8 Section 4. The applicant's request to be excepted from the Monroe County Land Development
9 Code's requirement to provide inclusionary affordable-employee housing in Monroe
10 County is hereby granted.
11
12 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,Florida,
13 at a regular meeting held on the 21 st day of June, 2023.
14
15 Mayor Craig Cates
16 Mayor Pro Tem Holly Merrill Raschein
17 Commissioner Michelle Lincoln
18 Commissioner James Scholl
19 Commissioner David Rice
20
21 BOARD OF COUNTY COMMISSIONERS
22 OF MONROE COUNTY, FLORIDA
23
24 By:
25 MAYOR CRAIG CATES
26
27
28
29 (SEAL)
30 ATTEST: KEVIN MADOK, CLERK
31
32
33 By:
34 AS DEPUTY CLERK
3 of 3
Request for Waiver of Nonresidential
Inclusionary Housing Requirements
24437 Overseas Hwy, Summerland Key
Monroe County Board of County Commissioners
Public Hearing Item P.6
June 21 , 2023
BACKGROUND INFORMATION:
Location: Surnmertand Key near U.S. 1 Mile Marker 24.5
Address: 24437 Oversea,s, Highway
Legal Description: Full legal description in application le
Parcel Identification Number: 00 1943910-000000
Property Owner: Sandra Tuttle
Agent: Sandra Tuttle
Size! of Site: 6128 1.00 square feet (per Property Appraiser)
Land Use District: Suburban Cor tiller,ial.
Future Land Use Map (FLUM) Designation: Mixed Use/Coniniercial. (MQ
Tier Designation: I (Natural Area)
Flood Zone: AE-8,&9
Existing Uses: Developed, Restaurant/Coniniercial. Retail
Existing Vegetation / Habitat: Developed land
Community Character of immediate Vicinity: Conunercial. retail, residential. to the south
;, i...1 /rn,�
i -
�i�„Subject Proper& (oudined in blue) (2022 Aerial)
o.
II
r
F
LDC Section 139-1(f)(3)c.
RedeveloInnerit ii7ith a C'hange h'i Use Iticreasing Hotising Deinatid., Each redevelopilient pre9ect with
a change of use increasing housing demand, not exeilipted by subsection (4), shall mitigat % of
the workforce housing demand created by the pr ed redevelopment by one or a coil ibination of the
methods identified in subsection (5). 'The work-force housing required for nonresidential development
when a new use replaces an existing use and increasing housing demand (for exaniple from an
industrial use to an office 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 if any).
Total Need Created by Nonresidential De elop men t
Land use Category 'Total Total Total Floor # of Units In Lieu Fee
Housing In-Lieu Area to be Required (50% of total
Need per Fee Redeveloped (5,0% of total in lieu fee)
SF per SF housing need
Restaurant/C,onunercial 0.0,00416 $66.72 -600 SF -0.1,248 -$20,�0,16.00
retail (existing)
Office (proposed) 0.0,00704 $78.49 600 SF 0.2112 $23,1547.00
Total 01.0186 $375,,31.010
LDC Section 139-10)(4b:
The BOCC may reduce, a(tirest, or-waive the requirements set forth in this subsection (f), based on
specific ffindings 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;,
2, Due to the nature of the proposed nonresidential development, the development furthers
Comprehensive Plan policies and th r os,e and intent of this subsection through means other
than strict compliance with the requirenients, set forth here in;
3, The applicant demonstrates an absence of any reasonable relationship behveen the impact of the
proposed nonresidential development and requirenients, of this, subsection (f);
4, The strict application with the requirements set forth herein would iiiiproperly deprive or deny the
applicant of constitutional or statutory rights; or
5, In the event of a declared State of Local Emergency, the BOAC adopts a resolution recognizing
that the strict application of the nonresidential inclusiona,ry requirements would not enhance nor
protect the health, safety and welfare of the conun unit y.
y applicant who believes thathe/she may be eligible for relief from the strict application of this
section n may petition the BOCC for relief under this subsection . Any petitioner for relief
hereunder shall provide evidentiary and legal justification ti forany reduction, adjustment or ai'ver
of any requirements under this section. The petitioner shall use generally accepted principles an
methods and verifiable local information and data, and other appropriate materials to support the
requested relief.
Per the applicant:
"W are respectfidly askingthe BOCC to consider waiving the inclusionary housing fee. As this is a, low
intensity office use for myselfand, niy partner f® people) low intensityuse does not ; ,enerate the need
for employee, housing. I own a Iloine on Summertand Key and do not require housing. We are asking for
this ir7�.clu ion r house fee be i d."
RECOMMENDATION:
The applicant ha,s stated that the per posed to intensity office use does not generate a, need for
employee housing. Although the applicant may be the current employee(s) of the office space
and may currently own housing and not personally need an affordable dwelling unit, there is no
co
7 unty mechanism to ensure that this continues in perpetuily.
Furthermore, the data and analysis used to create the nonresidential inclusionary housing
requirements in Ordinance 001-,2021 indicates there is need created by office uses beyond what
tile applicant is currently providin F, and the requested waiver does not further the purpose to
increase the supply of affordable workforce housing in the Coupty.
Staff recommends denial of the applicant's request, per LDC Section 139-1(f)(4)b., to waive the
nonresidential inclusionary housing requirement for the redevelopment changing the use of 600
square feet commercial retail/restaurant use to office use- provision of one ( 1) affordable
dwelling unit, or payment of $3,531 as an in-lieu fee.