Item P7 P7
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE 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
July 19, 2023
Agenda Item Number: P7
2023-1201
BULK ITEM: No DEPARTMENT: Planning & Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper
AGENDA ITEM WORDING: A Public Hearing for the Board of County Commissioners to Decide
a Private Property Owner's Request for Approval of a Resolution Waiving the Mandatory Non-
Residential Inclusionary In-Lieu Affordable-Workforce Housing Trust Fund Fee Applicable to the New
Development of an Outdoor Storage Use at Property Located at 413 Barry Avenue, Little Torch Key,
Approximate Mile Marker 29, Currently Having Parcel Identification Number 00215140-000000.
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.) in order to establish a new 662 square foot light industrial
use consisting of an outdoor storage and maintenance area.
Prior to this the Code Compliance Department received a complaint regarding the illegal operation of an
unpermitted and unapproved boat business ("Lower Keys Boat Rentals") and unlawful storage of golf carts,boats,
and signage on or about January 28, 2021. The Code Compliance Special Magistrate found the owner in violation of
Land Development Code Section 110-140(a.) [illegal development without permits or approvals] on October 28,
2021. The Special Magistrate's Final Order required the owner to cure the violation no later than May 2,2022. On
May 2, 2022,the Code Compliance Department granted the owner a first compliance deadline extension to July 5,
2022. On or about July 22,2022, the Code Compliance Department granted the owner a second compliance
deadline extension to February 3,2023. The owner failed to cure the violation by February 3,2023, and daily Code
Compliance began to run on the still uncured October 28 2021-dated Code violation. The owner cured the violation
on February 24,2023. The Code Compliance Department then allowed the owner to pay a reduced fine amount and
the Code Compliance case was closed. In May 2023 the owner obtained a conditional use permit for storage and
maintenance of rental boats within a defined outdoor storage area.
The applicant is proposing to designate 662 square feet of the site as outdoor storage/maintenance area for storage
and maintenance of boats for a boat rental business. This change requires application of nonresidential inclusionary
housing requirements under LDC Section 139-1(f)(3)(c.) The inclusionary housing requirement for the
proposed development would be the provision of one(1) affordable workforce housing unit, or payment of
$8,073.09 as an in lieu fee. The applicant is requesting a waiver of the entire inclusionary housing
requirement.
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LDC Section 139-1(f)(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 per SF Redeveloped (50% of total lieu fee)
housing need)
Industrial (proposed) 0.000226 $24.39 662 SF 0.15 $161146.18
Total Inclusionary Housing Requirement 0.075 S8,073.09
*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: Little Torch Key near U.S. 1 Mile Marker 29, gulf side
Address: 413 Barry Avenue
Legal Description: Lot 20, of Barry Beach, a Subdivision of Government Lot 5 and that part of Government Lot 6,
Section 28, Township 66 South, Range 29 East,North of United States High-way No. 1, on Little Torch Key,
Monroe County, Florida, according to the plat thereof as recorded in Plat Book 2,Page 127,Public Records of
Monroe County, Florida.
Property Identification Number: 00215140-000000
Property Owner/Applicant: Jonathan Tremblay
Agent:N/A
Size of Site: 13,053 upland square feet(per site plan)
Land Use District: Mixed Use (MU)
Future Land Use Map (FLUM)Designation: Mixed Use/Commercial(MC)
Tier Designation: III Infill Area
Flood Zone: AE 8 and AE 9
Existing Uses: Single Family Residence
Existing Vegetation/Habitat: Scarified land with no remaining native habitat.
Community Character of Immediate Vicinity: Residential, commercial,hospitality, and native area.
5401
In accordance with LDC Section 139-1,the establishment of 662 square feet of outdoor storage/maintenance (light
industrial use)generates the need for 0.15 affordable dwelling units.
Each new development project shall mitigate 50% of the workforce housing demand created by the proposed
development by one or a combination of the methods identified. The applicant's mitigation requirement, should the
applicant choose to comply by the construction of affordable dwelling units (either on or off site)would be 0.075
dwelling units or payment of the in-lieu fee equivalent,which is$8,073.09.
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:
l. 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)
(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
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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(f)(4)(bl:
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:
l. Strict application of the requirements would produce a result inconsistent with the Comprehensive Plan or thf
purpose and intent of this subsection;
2. Due to the nature of the proposed nonresidential development,the development furthers 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 ma;
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 asking the Board to waive the requirement for the current inclusionary requirement fee for affordable
housing relating to this particular permit. We live and operate the business at this location and due to this type of
business we are trying to accomplish in this proposed mixed use,we have 662 square feet of storage and
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maintenance area for our boat rental business for which we operate on our own with no need for employees. We dic
this with the intention of not having employees and can't justify such a fee for the level of income we are bringing it
for 662 square feet designated for this business. Should we only resort to storage,this also does not require hiring
any employees as we can manage it and could not financially support any employees. We appreciate your time and
consideration with this request."
The owner has rested its claim that the non-residential inclusionary in-lieu affordable-employee housing trust fund
fee shouldn't apply—and instead should be waived/exempted from being applied to this new development—on the
argument that there is no current need for affordable-workforce housing because this current owner has housing in
the Florida Keys. This does not contribute to the mitigation which the Code aims to achieve. The Code is designed
to ensure the preservation of affordable-workforce housing in perpetuity, as any conveyance of the property or sale
of the business to another with more employees or any hiring of any employees in the future would result in further
exacerbation of insufficient Lower Keys affordable-workforce housing.
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 BOCC Ordinance No. 001-2021:
On February 17,2021, the BOCC adopted Ordinance No. 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)
C. NEED FOR AFFORDABLE WORKFORCE HOUSING CREATED BY NON-RESIDENTIAL
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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 arc
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 whicl
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.
The report specifically mentions two types of labor: employees who construct building(s), and employees who work
at the building after construction. Although the proposed business will have no employees per the applicant, labor
will still be required for the installation of required landscaping and installation of required recycling and solid
waste collection area,which requires the installation of screening pursuant to LDC Section 114-14.
The above analysis was done for individual types of nonresidential uses,including industrial uses, the outcome of
which was used to establish the inclusionary housing requirements adopted by the BOCC in Ordinance No. 001-
2021. Based on the data in the report, industrial 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).
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Denial.
DOCUMENTATION:
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2023-119—BOCC—Reso—DRAFT.docx
2023-119—Staff Report.docx
MCeSearch- Code Compliance Case No. CE210200 10 Jonathan Tremblay.pdf
Code Compliance Special Magistrate's Final Order- CE21020010 Jonathan Tremblay (Stip. and
Extensions).pdf
FINANCIAL IMPACT:
n/a
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3 � t �
4 R
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/DENYING THE REQUEST TO WAIVE THE
12 INCLUSIONARY HOUSING REQUIREMENT FOR THE ESTABLISHMENT OF
13 662 SQUARE FEET OF OUTDOOR STORAGE AREA FOR A BOAT RENTAL
14 BUISNESS, LOCATED AT 413 BARRY AVENUE, MILE MARKER 29, LITTLE
15 TORCH KEY, MONROE COUNTY, FLORIDA, HAVING PARCEL
16 IDENTIFICATION NUMBER 00215140-000000. (FILE #2023-119)
17
18
19 WHEREAS,on May 16,2023,the Planning and Environmental Resources Department received
20 an application from Jonathan Tremblay to waive the nonresidential inclusionary housing requirement
21 for the establishment of 662 square feet of outdoor storage area for a boat rental business; and
22
23 WHEREAS, the property is located at 413 Barry Avenue, Mile Marker 29, Little Torch Key,
24 Monroe County, Florida, having Parcel Identification Number 00215140-000000 (the "Property"); and
25
26 WHEREAS, pursuant to Land Development Code (LDC) Section 139-1(f)(3)c., each
27 redevelopment project with a change of use increasing housing demand, not exempted by subsection
28 139-1(f)(4),shall mitigate 50%of the workforce housing demand created by the proposed redevelopment
29 by one or a combination of the methods identified in subsection 139-1(f)(5); and
30
31 WHEREAS, in accordance with LDC Section 139-1(f)(5)a, 50% of the workforce housing
32 demand created by the establishment of 662 square feet of outdoor storage area for a boat rental business
33 is 0.07 affordable dwelling units (provision of one unit) with an in-lieu fee equivalent of $8,073.09,
34 based upon the 'Affordable Workforce Housing Support Study for Non-Residential Development,'
35 prepared by Clarion Associates, LLC in June 2017; and
36
37 WHEREAS, any applicant who believes that he/she may be eligible for relief from the strict
38 application of this section may petition the BOCC for relief under Section 139-1(f)(4) and shall provide
39 evidentiary and legal justification for any reduction, adjustment or waiver of any requirements using
40 generally accepted principles and methods and verifiable local information and requested relief, and
41
42 WHEREAS, The BOCC may reduce, adjust, or waive the requirements set forth in subsection
43 139-1(f), based on specific findings of fact, where the BOCC concludes, with respect to any applicant,
44 that:
45
46 1. Strict application of the requirements would produce a result inconsistent with the
47 Comprehensive Plan or the purpose and intent of this subsection;
1 of 3
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1 2. Due to the nature of the proposed nonresidential development, the development furthers
2 Comprehensive Plan policies and the purpose and intent of this subsection through means other
3 than strict compliance with the requirements set forth herein;
4 3. The applicant demonstrates an absence of any reasonable relationship between the impact of the
5 proposed nonresidential development and requirements of this subsection (f);
6 4. The strict application with the requirements set forth herein would improperly deprive or deny
7 the applicant of constitutional or statutory rights; or
8 5. In the event of a declared State of Local Emergency, the BOCC adopts a resolution recognizing
9 that the strict application of the nonresidential inclusionary requirements would not enhance nor
10 protect the health, safety and welfare of the community
11
12 WHEREAS, at a regularly scheduled meeting held on July 19, 2023,the Monroe County Board
13 of County Commissioners ("BOCC" "Monroe County", or the "County") held a duly noticed public
14 hearing, considered the professional staff report, and the subject request; and
15
16 WHEREAS, based upon the documentation submitted and information provided, the BOCC
17 hereby makes the following findings of fact and conclusions of law:
18
19 1. The applicant has/has not demonstrated an absence of any reasonable relationship between the
20 impact of the proposed nonresidential development and requirements of this subsection (f);
21
22 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
23 OF MONROE COUNTY, FLORIDA
24
25 Section 1. Recitals and Intent. The foregoing findings of fact and conclusions of law are true and
26 correct and are hereby incorporated as if fully set forth herein.
27
28 Section 2. Non-Reliance by Third-Parties. No person, business entity, or non-profit organization
29 may cite or rely upon this Resolution to enforce or attempt to enforce any third-party
30 theories of relief, claims, entitlements, or benefits.
31
32 Section 3. The Police Power Does Not Constitute a Lawful Basis Upon Which the Board May
33 Afford an Applicant and/or a Property Owner Non-Legislative Relief from the Monroe
34 County Land Development Code or Monroe County Comprehensive Plan. The Monroe
35 County Board of County Commissioners holds that, as a matter of law, the police power
36 constitutes a source of authority for the BOCC, as the local legislature of unincorporated
37 Monroe County, to legislatively enact local laws and regulations, but where the Monroe
38 County Board of County Commissioners has legislatively set out specific criteria in the
39 Land Development Code or Comprehensive Plan, the BOCC is required to apply only
40 those specific criteria that it had put the public on notice of through its enactment of those
41 ordinances.
42
43 Section 4. The applicant's request to be excepted from the Monroe County Land Development
44 Code's requirement to provide inclusionary affordable-employee housing in Monroe
45 County is hereby granted/denied.
46
47 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,Florida,
48 at a regular meeting held on the 19th day of July, 2023.
2of3
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1
2 Mayor Craig Cates
3 Mayor Pro Tem Holly Merrill Raschein
4 Commissioner Michelle Lincoln
5 Commissioner James Scholl
6 Commissioner David Rice
7
8
9 BOARD OF COUNTY COMMISSIONERS
10 OF MONROE COUNTY, FLORIDA
11
12 By:
13 MAYOR CRAIG CATES
14
15
16
17 (SEAL)
18 ATTEST: KEVIN MADOK, CLERK
19
20
21 By:
22 AS DEPUTY CLERK
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rjq
MEMORANDUM
MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
To: Monroe County Board of County Commissioners
Through: Emily Schemper, A.LC.P., C.F.M.
Senior Director, Monroe County Planning &Environmental Resources Department
From: Matthew Restaino, Senior Planner
Date: June 23rd 2023
Subject: A Request to Waive the Inclusionary Housing Requirement for New Development of an
Outdoor Storage Use located at 413 Barry Avenue, Mile Marker 29, Little Torch Key,
Monroe County, Florida, Currently Having Property Identification Number 00215140-
000000 (File No. 2023-119).
Meeting: July 19,2023
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 establish a new
5 662 square foot outdoor storage and maintenance area(a light industrial use).
6
7 The applicant is proposing to designate 662 square feet as outdoor storage/maintenance area for storage
8 and maintenance of boats for a boat rental business.
9
10 LDC Section 139-1(f)(3)a.
11 New Development. Each new development project not exempted by subsection (4), shall mitigate 50%
12 of the workforce housing demand created by the proposed development by one or a combination of the
13 methods identified in subsection(5).
14
Total Need Created bx Nonresidential Development
Land use Total Total In- Total Floor #of Units In Lieu Fee
Category Housing Lieu Fee Area to be Required (50%of total
Need per SF per SF Redeveloped (50%of total in lieu fee)
housing need)
Industrial 0.000226 $24.39 662 SF 0.15 $16,146 18
(proposed)
Total 0.075 $8,073.09
15
16 The analysis described throughout this report is based on the plans submitted through Monroe County
17 Minor Conditional Use Permit(Planning&Environmental Resources Department File No.2022-116).
18
19 II BACKGROUND INFORMATION:
20 Location: Little Torch Key near U.S. 1 Mile Marker 29, Gulf Side
21 Address: 413 Barry Avenue
BOCC Professional Staff Report
Planning&Environmental Resources Department
File No.2023-119 Page 1 of 7 5410
I Legal Description: Lot 20, of Barry Beach, a Subdivision of Government Lot 5 and that part of
2 Government Lot 6, Section 28, Township 66 South, Range 29 East,North of United States High-way
3 No. 1, on Little Torch Key, Monroe County, Florida, according to the plat thereof as recorded in Plat
4 Book 2,Page 127, of the Official Records of Monroe County, Florida.
5 Property Identification Number: 00215140-000000
6 Property Owner/Applicant: Jonathan Tremblay
7 Agent: N/A
8 Size of Site: 13,053 upland square feet(per site plan)
9 Land Use District: Mixed Use ("MU")
10 Future Land Use Map (FLUM) Designation: Mixed Use/Commercial("MC")
11 Tier Designation: III Infill Area
12 Flood Zone: AE 8 and AE 9
13 Existing Uses: Single Family Residence
14 Existing Vegetation/Habitat: Scarified land with no remaining native habitat.
15 Community Character of Immediate Vicinity: Residential, commercial,hospitality, and native area.
16
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18 Subject Property(outlined in blue) (2022 Aerial)
19
20 III 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) [j,)tvscmcd �uid dcscti�)cd uu: p °4puVi mml: llm("I m ]ui i ������
J.
25
26 IV REVIEW OF APPLICATION:
BOCC Staff Report
File No.2023-119 Inclusionary Housing Waiver Request to BOCC Page 2 of 7 5411
1
2 The development proposal is to designate 662 square feet of outdoor storage/maintenance space to be used
3 for storage and maintenance of boats for a boat rental business. A portion of the approved site plan
4 associated with Minor Conditional Use Permit("CUP") [File No. 2022-116] is below:
5
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8
9
10 In accordance with LDC Section 139-1, the establishment of 662 square feet of outdoor
11 storage/maintenance (light industrial use)generates the need for 0.15 affordable dwelling units.
12
13 Each new development project shall mitigate 50% of the workforce housing demand created by the
14 proposed development by one or a combination of the methods identified. The applicant's mitigation
15 requirement, should the applicant choose to comply by the construction of affordable dwelling units (either
16 on or off site) W O UW V)c 0.07 3vy)cVHu 1&1 LMPD Y or jxiyPiV cm offlic VPD HCU llCC C(gU JiCffl, v01ll C°l k S8,073,00,
17
18 All nonresidential uses not exempted shall mitigate the demand for workforce housing created by the
19 proposed development or redevelopment by one or a combination of the methods identified below:
20
21 1. The construction of workforce housing dwelling units on the site of the development project. The
22 workforce housing dwelling units shall meet the County's affordable housing restrictions as
23 specified in Section 139-1(b) and(c), for aperiod not less than 99 years;
BOCC Staff Report
File No.2023-119 Inclusionary Housing Waiver Request to BOCC Page 3 of 7 5412
1 2. The construction of workforce housing dwelling units off-site of the development project but within
2 a 15 mile radius of the nonresidential development/ redevelopment. The workforce housing
3 dwelling units shall meet the County's affordable housing restrictions as specified in Section 139-
4 1(b) and(c), for a period not less than 99 years;
5 3. The deed-restriction of existing dwelling units within a 15 mile radius of the nonresidential
6 development/redevelopment. The workforce housing dwelling units meet the County's affordable
7 housing restrictions as specified in Section 139-1(b) and(c), for a period not less than 99 years;
8 4. The donation of land to the County, upon the acceptance of the BOCC of a proposed parcel or
9 parcels, may satisfy the requirements of this subsection by donating one (1) IS or URM zoned
10 platted lot for each workforce housing unit required but not provided through actual construction
11 or in-lieu fees (or a Tier III parcel or parcels of land zoned other than IS or URM as long as the
12 donated parcel(s)have the appropriate density available to support the development of the required
13 number of workforce units); and/or
14 5. The payment of a fee in-lieu for the inclusionary housing requirement for all or apercentage of the
15 workforce housing units required.The in-lieu fee shall be paid prior to issuance of abuilding permit
16 for the nonresidential development or redevelopment. All in-lieu fees shall be deposited into the
17 affordable housing trust fund and spent solely for the purposes allowed for that fund.
18
19 LDC Section 139-1(f)
20 (1)Purpose. Consistent with Goal 601 of the Comprehensive Plan, the purpose of this subsection (f) is to
21 ensure that the need for affordable housing is not exacerbated by nonresidential and transient development,
22 as follows:
23 a. Promote the health, safety and general welfare of the citizens of the County through the
24 implementation of the goals, objectives and policies of the 2030 Monroe County Comprehensive
25 Plan; and
26 b. To ensure that affordable housing opportunities are available throughout the entire community and
27 to maintain a balanced and sustainable local economy and the provision of essential services; and
28 c. To increase the supply of housing affordable to targeted income groups within the community; and
29 d. To provide a range of housing opportunities for those who work in Monroe County but may be
30 unable to pay market rents or market housing prices in the community; and
31 e. To increase the percentage of the workforce living locally and to provide housing opportunities for
32 lower income groups in order to meet the existing and anticipated housing needs of such persons
33 and to maintain a socio-economic mix in the community; and
34 f. To address the affordable workforce housing needs generated by the construction and expansion of
35 nonresidential/transient development, and the employment that occurs at the
36 nonresidential/transient development after the construction or expansion is completed; and
37 g. To ensure that affordable workforce housing is provided to the local workforce by the employee
38 generating development proportionate with the demand for affordable workforce housing the
39 development creates; and
40 h. To address market demands that show that the workforce in the County continues to require
41 moderately priced housing units, particularly those whose earnings range from 50 percent up to
42 120 percent of the County's median income (the target income groups); and
43 i. To stimulate the private sector production of affordable workforce housing and encourage the
44 widespread distribution of affordable workforce housing opportunities throughout all portions of
45 the community,including within new and expanding developments.
46 (2) Intent. Nonresidential and transient use development or redevelopment generates a direct impact on
47 housing for the workforce.The intent of this section is to ensure that there is an affordable supply of housing
48 for the local workforce. This will be accomplished by requiring workforce housing be provided for all new
49 development and redevelopment in an amount proportionate to the need for affordable workforce housing
50 that the nonresidential and transient use development or redevelopment creates.The intent of this subsection
51 is to permit nonresidential and transient use owners to continue to establish uses consistent with the current
52 building and safety standards and to ensure that as development and redevelopment occurs, comprehensive
53 plan policies regarding affordable housing are implemented.The technical support and analysis upon which
BOCC Staff Report
File No.2023-119 Inclusionary Housing Waiver Request to BOCC Page 4 of 7 5413
I the nonresidential inclusionary housing requirements are established are based upon the 'Affordable
2 Workforce Housing Support Study for Non-Residential Development,' prepared by Clarion Associates,
3 LLC,prepared in June 2017.
4
5 LDC Section 139-1(f)(4)(b):
6
7 The BOCC May Reduce,Adjust, or Waive the Requirements set forth in this Subsection (f), Based
8 Upon Specific Findings of Fact,Where the BOCC Concludes,With Respect to Any Applicant, That:
9
10 1. Strict application of the requirements would produce a result inconsistent with the Comprehensive
11 Plan or the purpose and intent of this subsection;
12 2. Due to the nature of the proposed nonresidential development, the development furthers
13 Comprehensive Plan policies and the purpose and intent of this subsection through means other
14 than strict compliance with the requirements set forth herein;
15 3. The applicant demonstrates an absence of any reasonable relationship between the impact of the
16 proposed nonresidential development and requirements of this subsection(f);
17 4. The strict application with the requirements set forth herein would improperly deprive or deny the
18 applicant of constitutional or statutory rights; or
19 5. In the event of a declared State of Local Emergency, the BOCC adopts a resolution recognizing
20 that the strict application of the nonresidential inclusionary requirements would not enhance nor
21 protect the health, safety and welfare of the community.
22
23 Any applicant who believes that he/she may be eligible for relief from the strict application of this
24 section may petition the BOCC for relief under this subsection (f)(4). Any petitioner for relief
25 hereunder shall provide evidentiary and legal justification for any reduction, adjustment or waiver
26 of any requirements under this section. The petitioner shall use generally accepted principles and
27 methods and verifiable local information and data, and other appropriate materials to support the
28 requested relief.
29
30 The entirety of the applicant's argument for a full waiver is shown below:
31
We areask,ing the board to waive the rra.q ,ir n°e;trsfn,r th,e currerit irm,dusiranarvo requireoinent fee for
fftYrdal4e,, tioi,,,siing,relating to this particulair 0ed-mit,. '00'e pGlve,rarid.ciipera,12 the bul, nrge-.5s at this loca;drtxi
end rir,ae to ttniii type, business r rr°t;r° i'eifit to',x00r lll'rli 'k irw rids propow,d rnixe-rl u,p a e have 6fP
clutsry Wet raf rstrirage and,irniarrlt I`'larl'P.area for o i,o bov rental br(wsiress fryr„r Pi"klr°h we Operate on oar'
own with no need for ernglayOos,We di'd this with tlw intertion&riot [wviing;eniplc�y#oes can't
,ust fy such a fern frig the teve°I (147 iirrcc riie we are briintthig in trrr ther 662 vi,t re feet rle4nated for this
business, Should only resart to stor° ige,thiis also,diir et riiriit to j,uirrt hiring troy en,iployees aswe cd
manage it arm conaId Inot fina ncia l6ysupport a ny e ryiflloyees We ra PpireCAdtP� rDU ttnw a nd considierainon
ltlt tlaeN, �regwie�t:.
32
33
34 See Relevant Goals,Objectives,and Policies from the Monroe County Comprehensive Plan below:
35
36 Objective 101.4:Monroe County shall regulate nonresidential development to maintain abalance of land
37 uses to serve the needs of the future population of Monroe County.
38
39 Goal 601: Monroe County shall adopt programs and policies to facilitate access by residents to adequate
40 and affordable housing that is safe, decent, and structurally sound, and that meets the needs of the
41 population based on type, tenure characteristics,unit size and individual preferences.
42
BOCC Staff Report
File No.2023-119 Inclusionary Housing Waiver Request to BOCC Page 5 of 7 5414
I Policy 601.1.9: Monroe County shall maintain land development regulations which may include density
2 bonuses,impact fee waiver programs, and other possible regulations to encourage affordable housing.
3
4 Policy 601.1.13: Monroe County shall maintain land development regulations on inclusionary housing
5 and shall evaluate expanding the inclusionary housing requirements to include or address nonresidential
6 and transient development and redevelopment based on specific data and analysis.
7
8 Objective 601.2: Monroe County shall adopt programs and policies to encourage housing of various
9 types, sizes and price ranges to meet the demands of current and future residents
10
11 Objective 601.3:Monroe County shall continue implementation efforts to eliminate substandard housing
12 and to preserve, conserve and enhance the existing housing stock,including historic structures and sites.
13
14 Policy 601.1.13: Monroe County shall maintain land development regulations on inclusionary housing
15 and shall evaluate expanding the inclusionary housing requirements to include or address nonresidential
16 and transient development and redevelopment based on specific data and analysis.
17
18 Data and Analysis Supporting BOCC Ordinance No. 001-2021:
19 On February 17, 2021, the BOCC adopted Ordinance No. 001-2021, creating the nonresidential
20 inclusionary housing requirements in LDC Section 139-1. Prior to adoption, to develop inclusionary
21 housing requirements for the nonresidential sector to build workforce housing, the County contracted
22 with Clarion Associates and RRC Associates to complete the data and analysis necessary to establish the
23 workforce need generation and a rational nexus of need generation and affordable mitigation needs.This
24 data was completed and presented on November 14,2017,to the BOCC(2016 Monroe County Employer
25 Survey Results by RRC Associates and 2017 Affordable Workforce Housing Support Study for Non-
26 residential Development by Clarion Associates).
27
28 From the Report's Executive Summary (Page 5):
r... Il�p.'r',::rlY.ufft�. i.l:r�'�(rlu F�y�rwlyilvF;�frl.. ��feC� id. w"i,l.ril.r [,PIJr.wP'I II . ',i�af. lf./rL.ILr r r
Vf.I1 J,P N,IlEv11`
Tlaca n)ec= dl fo IprlOVi(iE-aff(.ctdable vvow—k.forc r? 6)OLIsirrg is create(i Ilby cis vepo rr°riee"rt k&roaf deiiia,n)ds
labor (ernployees'). Bemuse nova-residentliad development create a demand for labor
(employees), the need for affordable workforce housing it neatens is detenrAned in thorn,
Study. Non-residential developrrrent includes governmental, iniustriad, inStitutiorIad, office,
retail & restaoaraint, tOLIrist,/recreafion, hofelftnotel, and other development. Non-
residential development creates a need for labor (the workforce) in, two ways: (:1)
enrrployees wpuo Con^Strrcrct the bu ildrng(s), and (2) employee's WhO work at the bL ildirrg oaftet
construction (post construction employees). ConstrLICtior) enrrployees constinrct the non-
residential buildings. All different types of errnployees work at the buildings after they are
cornplete,depending on the type of lx siness.
The analysis shows that wages and salarres earned by a significant portion of Monme
Couryty"S worlkforce that constructs the buulldings or works ion the businesses and related
entities that make up non-residential development,are insufficient to allow these employees
to obtain ruarlket hou siryg at a price they can reasonaba y afford. After determining the
number and type of emplloyees that serve nary-residentiall development (construction and
post-constructiion�, in(] how rnany of these ernployees cannot reasonably afford) Ihorrsing!in
Monroe €..ounty, the Str.rdy then identifies the Cpr,rantity of workforce housing need created
by non-residential development.
Based on thics anallysrs, T-abIle l-2: 5urnrrnary of Affordable 'workforce HOLISing Needs and
Assistance Created By Non-Residential D:)evedoprTrent, orrtlines the workforce 11OL15ing need
generated by different types of non-residential development„ both in terms of the need for
workforce housing units (or a fraction therreof"(, and for monetary workfoi e daoumSirug
29 assistance(inlieur fees
BOCC Staff Report
File No.2023-119 Inclusionary Housing Waiver Request to BOCC Page 6 of 7 5415
1
2 The report specifically mentions two types of labor: employees who constructbuilding(s),and employees
3 who work at the building after construction. Although the proposed business will have no employees per
4 the applicant, labor will still be required for the installation of required landscaping and installation of
5 required recycling and solid waste collection area, which requires the installation of screening pursuant
6 to LDC Section 114-14.
7
8 The above analysis was done for individual types of nonresidential uses, including industrial uses, the
9 outcome of which was used to establish the inclusionary housing requirements adopted by the BOCC in
10 Ordinance 001-2021. Based on the data in the report, industrial uses do create a need for affordable
11 workforce housing.
12
13 V RECOMMENDATION:
14
15 The applicant has attempted to provide evidence that demonstrates there is no current need for workforce
16 housing in order to operate the proposed industrial use. Although the applicant may currently own housing
17 any sale of the business to another person with more employees or hiring of employees the need or
18 contribution would not be met for assisting in housing its workforce, there is no county mechanism to
19 ensure that this continues in perpetuity.Furthermore,the data and analysis used to create the nonresidential
20 inclusionary housing requirements in Ordinance No.001-2021 indicates need created by office uses beyond
21 what the applicant is currently providing.
22
23 The Planning&Environmental Resources Department's professional staff recommend that the Board of
24 County Commissioners issue a Resolution memorializing denial of the applicant's request to waive the
25 nonresidential inclusionary housing requirement for the development of a new 662 square foot outdoor
26 storage area to serve an industrial use pursuant to Section 139-1(f)(4)(b).
27
BOCC Staff Report
File No.2023-119 Inclusionary Housing Waiver Request to BOCC Page 7 of 7 5416
o II 0 Ir o f;,,,' C 0 1Ll o,I,,, d f„f
otJoe Co ( ( ,,,111, a ; (t„f,' III)f'I;,,aI, ,fi
CODE COMPLIANCE DETAIL
Case Number CE21020010
Case Date 02-02-2021
Origination 6-E-MAIL Status CLOSED CASE
Operator marshl Officer HALL,JANICE
PROPERTY ON CASE
Parcel ID 01�) ]wi.:l.40C OOCS�O;! Owner TREMBLAYJOSEPH JEAN PAUL
JONATHAN
Unit Owner Address 413 BARRY AVE
Property Address 413 BARRY AVE City/State/Zip SUMMERLAND KEY,FL 33042
City/State/Zip LITTLE TORCH KEY,FL 33040
CASE DESCRIPTION
EMAIL COMPLAINT RECEIVED 1/28/2021:DESCRIPTION
LOWER KEYS BOAT RENTALS IS OPERATING ILLEGALLY AT
A RESIDENTIAL PROPERTY AT 413 BARRY AVE,LITTLE
TORCH KEY.THEY HAVE A SIGN ADVERTISING THE
BUSINESS IN THAT LOCATION AT THE INTERSECTION OF
US1 AND BARRY AVE;AND THEY ALSO HAVE A TRAILER
WITH A SIGN LOCATED AT 413 BARRY AVE,WHICH IS
ZONED RESIDENTIAL.IT LOOKS LIKE THEY ARE ALSO
STORING SOME OF THEIR BOATS/GOLF CARTS NEXT DOOR
AT 423 BARRY AVE.THEIR FB PAGE AN WEBSITE ALSO
STATE THAT THE BUSINESS IS LOCATED AT 413 BARRY
AVE.
COMPLAINT CODES
1:OTHER VIOLATIONS
VIOLATION CODES
5417
1:110-140.(d)-BUILDING PERMIT/COND.USE
INSPECTIONS/ EVENTS DETAILS
DATE INSPECTION/EVENT TYPE INSTRUCTIONS/COMMENTS
05-18-2023 CLOSE CASE EVENT
05-18-2023 CLOSE CASE EVENT CASE CLOSED,PASSED FILE TO ADMIN FOR
SCANNING.CG
05-18-2023 COMMENT CODE LIEN RELEASE RECORDED AT DOC#2418515,
BK#3225,PG#2315.CG
05-17-2023 REINSPECTION 90-DAY REI.COMPLIANT 2-24-23.CJM
05-16-2023 COMMENT CODE DRAFTED LIEN RELEASE FOR SIGNATURE.CG
05-12-2023 CURRENT FILE LOCATION ORIGINAL FILE GIVEN TO COLLECTIONS
FACILITATOR.NP
05-12-2023 PAYMENT RECEIVED CHECK IN THE AMOUNT OF 1415.80 REC'D FOR
PAYMENT OF FINES AND COSTS.RECEIPT NO.
02000067647.NP
FINE PAYMENT:110-140.(D)
PAYMENT DATE:05/12/2023
PAYMENT AMOUNT:$500.00
COSTS PAYMENT
PAYMENT DATE:05/12/2023
PAYMENT AMOUNT:$915.80
COPY OF RECEIPT IN ORIGIANL FILE AND
EMAILED TO COLLECTIONS FACILITATOR.NP
05-12-2023 COMMENT CODE FINE SETTLED 110-140.(D)
SETTLE DT:05/10/23 SETTLE AMT:500.00
05-10-2023 MITIGATION OF FINES OFFER EMAILED REDUCTION OFFER WHICH WILL
REMAIN OPEN AND VALID FOR THIRTY DAYS:
"...THE COUNTY WILL ACCEPT$1,415.80
($500.00 FINES AND$915.80 COSTS)..."
CG
05-02-2023 REINSPECTION 75-DAY REI.COMPLIANT 2-24-23.CJM
04-11-2023 ACTION BYADMIN LIEN LETTER WAS RETURNED TO SENDER,
FORWARD TIME EXPIRED.-LM-
03-29-2023 COMMENT CODE RECEIVED REQUEST.CG
03-16-2023 LETTER NON-PAYMENT/COMPLIANCE DUPLICATE;CREATED IN ERROR-MROD
03-16-2023 LETTER NON-PAYMENT/COMPLIANCE FINES AND COSTS LETTER MAILED TO PO
THE CURRENT AMOUNT OF THE MONROE
COUNTY LIEN IS$2,848.60...-MROD
03-15-2023 CURRENT FILE LOCATION ORIGINAL FILE IN COMPLIANT DRAWER-MROD
5418
DATE INSPECTION/EVENT TYPE INSTRUCTIONS/COMMENTS
03-06-2023 ACTIVITY BY SR DIRECTOR MET WITH PO IN OFFICE.REVIEWED ALL
REGISTERED BOATS/UNREGISTERED BOATS AND
BOATS WITH NON USE TAGS.PO INDICATED
BUSINESS CEASED OPERATIONS BETWEEN
AUGUST AND OCTOBER 2022.NO
COMMUNICATION FROM PO TO CODE INDICATING
COMPLIANCE.PO DID NOT REQUEST AN
EXTENSION.AERIAL MAPPING/PHOTOS
REVEALED APPROXIMATELY 14 BOATS ON THE
PROPERTY JANUARY 19,2023.REVIEWED
PROCESS OF OBTAINING PERMIT AND TIMING.
PO INDICATED ALL INFORMATION REQUESED
HAS BEEN SUBMITTED.NO EVIDENCE PRODUCED
TO INDICATE COMPLIANCE WAS ACHIEVED
PRIOR TO THE COMPLIANCE DATE OR BEFORE
THE PO CALLED.LIEN WAS FILED FOR NON
COMPLIANCE.REVIEWED OF EVIDENCE.
COMPLIANCE DATE 2-24-23,THE DATE THE PO
CALLED TO INDICATE BUSINESS HAD CEASED.
COMPLIANCE EVIDENCE FORWARDED TO
RESEARCH ANALYST.CJM
110.140.(D)USE PERMIT.COMPLIANT BY
CEASED OPERATIONS 2-24-23.
03-02-2023 ACTIVITY BY SR DIRECTOR PO CAME TO OFFICE.NOT AVAILABLE TO
MEET.WAS TO RETURN LATER BUT DID NOT.
CJ M
03-02-2023 COMMENT CODE IN COMPLIANCE 110-140.(D)
COMPLIANCE DATE WAS:02/24/23
02-28-2023 ACTIVITY BY SR DIRECTOR REC'D REGISTRATIONS FOR PERSONAL BOATS.
TO BE REVIEWED.CJM
02-27-2023 ACTIVITY BY SR DIRECTOR REC'D CALL FROM PO.INDICATING TAG
OFFICE IS CLOSED.WILL SUBMIT
REGISTRATIONS FOR PERSONAL BOATS TO GET
ISSUE RESOLVED.CJM
02-27-2023 COMMENT CODE SPOKE WITH PO.STATES HE DIDN'T KNOW HE
HAD TO REQUEST ADDITIONAL TIME.STATES
THERE ARE NOW ONLY 2-3 BOATS ON THE
PROPERTY.RESEARCH AND SITE INSPECTION
REQUIRED.JH
02-24-2023 ACTIVITY BY SR DIRECTOR DUPLICATE ENTRY.CJM
02-24-2023 ACTIVITY BY SR DIRECTOR REC'D CALL FROM PO REGARDING CASE
PROGRESS AND LIEN FILED.PO TO PROVIDE
BOAT REGISTRATIONS FOR PERSONAL
WATERCRAFT.CJM
02-16-2023 ORDER SENT TO MCCO FOR REC FINAL ORDER STIP AND EXTS SENT TO
CLERK'S OFFICE FOR RECORDING FOR NON
COMPLIANCE.NP
02-16-2023 ACTION BY ADMIN UPDATED CHANGE OF ADDRESS FOR PO AS PER
PROPERTY RECORD CARD.-GH-
02-16-2023 LIEN ORDER RECORDED MCCO FINAL ORDER,STIP AND EXTS RECORDED WITH
CLERK'S OFFICE DOC#2406940 BK#3212 PG#
560 ELECTRONICALLY RECORDED 2/16/2023 AT
10:19 AM PAGES 14.NP
02-16-2023 COMMENT CODE LIEN LETTER MAILED TO PROPERTY OWNER VIA
1 ST CLASS US MAIL ON 02/16/23.NP
02-15-2023 REINSPECTION RECEIVED EMAIL FROM PLANNING ON 2/06/23
ADDRESSING THE CORRECTIONS THAT STILL
NEED TO BE SUBMITTED FOR THE MINOR CUP.
NO CONTACT WITH PO SINCE 7/22/22.CASE
IS NOT IN COMPLIANCE AT THIS TIME.JH
110-140.(D)IS NOT IN COMPLIANCE.
08-01-2022 COMMENT CODE RECEIVED ORIGINAL SIGNED EXTENSION AND
FORWARDED TO LIAISON.JH
07-26-2022 ACTION BYADMIN ADDRESS UPDATED PER PRC.-GH-
5419
DATE INSPECTION/EVENT TYPE INSTRUCTIONS/COMMENTS
07-25-2022 COMMENT CODE FINE CHANGED 110-140.(D)
START DATE:02/04/23
FINE AM T:100.00
07-25-2022 COMMENT CODE STIPULATION FOR AN EXTENSION OF TIME TO
COMPLY SIGNED BY PROPERRY OWNER ON
07/25/22.FINES AS PREVIOSLY AGREED.NEW
COMPLIANCE DATE:02/03/23.
07-22-2022 COMMENT CODE EMAILED EXTENSION TO PO.HE WILL DROP IT
OFF AT THE BIG PINE KEY OFFICE ON
MONDAY.JH
07-22-2022 ACTIVITY BY SR DIRECTOR REVIEWED AND APPROVED EXTENSION OF TIME
TO COMPLY WITH NEW COMPLIANCE DATE OF
FEBRUARY 3.2023.CJM
07-22-2022 COMMENT CODE SPOKE WITH PLANNING.PO HAS BEEN TOLD
WHAT NEEDS TO BE DONE FOR THE MINOR
CONDITIONAL USE APPLICATION AND HE IS
WORKING ON IT.SPOKE WITH PO AND HE WILL
SIGN THE EXTENSION AND DROP OFF AT THE
BIG PINE KEY OFFICE.PREPARING AN
EXTENSION WITH A NEW COMPLIANCE DATE OF
FEB 3,2023.JH
06-23-2022 ACTIVITY BY SR DIRECTOR PO CAME TO OFFICE TO SUBMIT CONDITIONAL
USE PERMIT APPLICATION.I WAS UNABLE TO
MEET WITH HIM AT THE TIME.CJM
05-09-2022 COMMENT CODE RECEIVED ORIGINAL SIGNED STIP EXTENSION
AND FORWARDED TO LIAISON.JH
05-09-2022 COMMENT CODE SPOKE WITH PO.EXPLAINED THE CONDITIONAL
USE PERMIT HAS TO BE APPLIED FOR PRIOR
TO ANY OTHER EXTENSIONS.HE WILL DROP
THE SIGNED EXTENSION IN BIG PINE KEY
THIS MORNING.JH
05-09-2022 COMMENT CODE FINE CHANGED 110-140.(D)
START DATE:07/06/22
FINE AM T:100.00
05-09-2022 STIPULATION AGRMT.SIGNED STIPULATION FOR AN EXTENSION OF TIME TO
COMPLY SIGNED BY PROPERTY OWNER ON
05/09/22.FINES AS PREVIOSLY AGREED.NEW
COMPLIANCE DATE:07/05/22.
05-02-2022 ACTIVITY BY SR DIRECTOR REVIEWED AND APPROVED EXTENSION OF TIME
TO COMPLY WITH NEW COMPLIANCE DATE OF
JULY 5,2022.CJM
05-02-2022 REINSPECTION PREPARED EXTENSION TO STIPULATED
AGREEMENT AND FORWARDED TO DIRECTOR FOR
REVIEW.JH
04-29-2022 ACTIVITY BY SR DIRECTOR REC'D CALL FROM PO.WILL NEED ADDITIONAL
TIME TO COMPLY.STILL WAITING FOR SURVEY
FROM ARCHITECT/ENGINEER.CJM
04-29-2022 COMMENT CODE RECEIVED PHONE CALL FROM PO REQUESTING
ADDITIONAL TIME.REACHED OUT TO PLANNING
FOR UPDATE ON PERMITTING.JH
12-10-2021 ACTIVITY BY SR DIRECTOR REC'D CALL FROM PO.IS CONTINUING TO
MOVE FORWARD WITH PERMITTING.AWAITING
ENGINEERED DOCUMENTS.CJM
10-29-2021 COMMENT CODE COPY OF FINAL ORDER AND STIPULATION
AGREEMENT MAILED TO PROPERTY OWNER VIA
1 ST CLASS US MAIL BY LIAISON ON
10/29/21.NP-
10-29-2021 COMMENT CODE VOID
10-29-2021 COMMENT CODE ADDED FINE 110-140.(D)
START DATE:05/03/22
FINE AMT:$100.00
5420
DATE INSPECTION/EVENT TYPE INSTRUCTIONS/COMMENTS
10-29-2021 SM OR CEB ORDER ORDER SIGNED ON 10/29/2021 AS A RESULT
OF THE HEARING HELD ON 10/28/2021
STIPULATION AGREEMENT SIGNED ON
10/08/2021 BYJOSEPHJEAN PAULJONATHAN
TREMBLAY.COSTS IMPOSED UNTIL COMPLIANT
AND CASE IS CLOSED AND FINES IN THE
AMOUNT OF$100.00 FOR THE CHARGE OF
110-140.(A).PER DAY IF NOT COMPLIANT BY
05/02/2022.NO REVIEW HEARING SET AT
THIS TIME.
NOTE:PROPERTY OWNER WAS NOT PRESENT AT
HEARING VIA ZOOM.
10-28-2021 SET FOR HEARING
10-20-2021 REINSPECTION FOR HEARING SIGNED STIPULATED AGREEMENT WITH
COMPLIANCE DATE OF 5/02/22.JH
10-13-2021 COMMENT CODE RECEIVED ORIGINAL SIGNED STIPULATED
AGREEMENT AND FORWARDED TO LIASION.JH
10-05-2021 COMMENT CODE EMAILED STIP WITH UPDATED REVOCATION
DATE OF 10/8/21.COMPLIANCE DATE IS
STILL 5/02/2022.JH
10-05-2021 GOOD SERVICE ON CERT MAIL ITEM RECEIVED GOOD SERVICE FOR NOV/NOH FOR
10-28-2021 HRG.CERT#7018 0360 0000
4982 3223.-LM-
09-15-2021 COMMENT CODE EMAILED COPY OF STIPULATED AGREEMENT TO
PO.JH
09-15-2021 ACTIVITY BY SR DIRECTOR REVIEWED AND APPROVED STIPULATION
AGREEMENT WITH NEW COMPLIANCE DATE OF
MAY 2,2022.CJM
09-13-2021 COMMENT CODE SPOKE WITH PO.HE SPOKE WITH THE
DIRECTOR THIS MORNING ABOUT A STIPULATED
AGREEMENT.WILL PREPARED DOCUMENT AFTER
REVIEW WITH DIRECTOR.JH
09-08-2021 ACTION BYADMIN MAILED NOV/NOH TO PROPERTY OWNER VIA
CERT MAIL FOR HEARING DATE 10-28-2021.
CERT#7018 C36C 0000 4982 3223.-LM-
09-07-2021 NOTICE OF VIOLATION/HEARING PREPARE NOWNOH FOR OCTOBER 28 HEARING.
JH
08-03-2021 REINSPECTION TOOK UPDATED PHOTOS.BUSINESS STILL
RUNNING.NO CONDITIONAL USE PERMIT
APPLIED FOR.JH
07-07-2021 REINSPECTION NEED TO REVIEW WITH PLANNING.WILL
CONTINUE TO MONITOR.JH
03-16-2021 REINSPECTION SIGN WAS REMOVED FROM THE COUNTY RIGHT
OF WAY.WILL REVIEW PLANNING NOTES
REGARDING CONDITIONAL USE PERMIT.JH
03-08-2021 ACTIVITY BY SR DIRECTOR REC'D CALL FROM PO.DISCUSSED OFF
PREMISE SIGNAGE AND NEW SIGN ORDINANCE.
DIRECTED TO PLANNING DEPT TO INQUIRE
ABOUT OFF PREMISE SIGNS.OM
03-05-2021 COMMENT CODE EMAILED PLANNING FOR AN UPDATE.JH
02-16-2021 COMMENT CODE PUBLIC RECORDS REQUEST FOR FILE RELEASED
TO REQUESTER VIA NEXTREQUEST 21-350 BY
LIAISON.NP
02-16-2021 COMMENT CODE SPOKE WITH PO WHO WANTED TO KNOW WHO
MADE THE COMPLAINT.FORWARDED A PUBLIC
RECORDS REQUEST TO LIAISON.PO STATES HE
WAS TOLD HE COULD HAVE A BUSINESS THERE
AND WILL FORWARD THE EMAIL FROM
PLANNING.EXPLAINED HE NEEDS A PERMIT.
JH
02-11-2021 COURTESY NOV/LTR COURTESY NOTICE PREPARED AND FORWARDED
TO ADMIN FOR MAILING.JH
5421
DATE INSPECTION/EVENT TYPE INSTRUCTIONS/COMMENTS
02-09-2021 COMMENT CODE PER PLANNING,A PERMIT IS REQUIRED FOR
THE BUSINESS SINCE THE PRIMARY USE OF
THE PROPERTY IS A RESIDENTIAL HOME.WILL
MAIL COURTESY NOTICE TO PO.JH
THE VIOLATION FOR THE SIGN IN 142-4.(14)
SIGNS ARE PROHIBITED ON PUBLIC RIGHT OF
WAY.
02-05-2021 MAKE VIOLATION MAKEVIO RECORDED HALLJAN
02-04-2021 INITIAL INSPECTION TYPE THERE IS A WOODEN A-FRAME SIGN AT THE
END OF THE STREET AND OVERSEAS HWY IN
THE COUNTY ROW.EMAILED PLANNING TO
DETERMINE IF A CONDITIONAL USE PERMIT IS
NEEDED FOR THE BOAT CHARTER BUSINESS ON
THE PROPERTY.THEY DO HAVE A BUSINESS
TAX AND THE PROPERTY IS ZONED MU.PHOTOS
ATTACHED.JH
02-02-2021 CREATE A CASE COMPLAINT RECORDED BY MARSHL
Your privacy is important to us,for more information see our privacy policy.The services,information,and data made available at this website are provided"AS IS"without
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5422
BEFORE THE COUNTY CODE COMPLIANCE SPECIAL MAGISTRATE
M[]NROE COUNTY, FLORIDA
MONROE COUNTY FLORIDA,
JVSEPM JEAN PAULJONAKHANTNEK0BLAY Case No.: CE21020010
R U t( ) Subject Property Real Estate Number: 00215140'000000
LIEN/FINAL ORDER
Having fully considered the evidence presented at hearing, including testimony Of the Code Compliance |OSD8otor(S)and/or witnesses
under oath, the following Findings ofFact and Conclusions[f Law are ORDERED:
The ReSpOOdeDt(s) and/or Authorized Representative SIGNED A STIPULATION AGREEMENT WITH MONROE COUNTY wereOVt
present via zoom webin8[OO October 28,2021 and did not contest the viO|@UoO(S) set forth iO the Notice Of Violation/Notice Of
HO8hOg which is iOCO[pO[afed herein as if fully set forth.
/x \ The Respondent(s) is/are the owner(s)of property located within Monroe County and was/were duly noticed of the hearing,
(x ) The R8SpOndROt(s) is/are iD violation Of the Monroe County CDdg/8\ a5 fully set forth iD the Notice Of Violation/Notice OfHearing
served upon the R8SpOOd8Ot(s),
/ \ ONE-TIME FINE-The ViO|adOD(S) is found tVbH irreparable O[irreversible and aone-time fine of$
iS ORDERED, payable within-days Of this Order.
(x ) COSTS- Pursuant tO Section 1O2.O7/2\ofFlorida Statutes all costs incurred by the County iO prosecuting the case iG ordered 83
be paid within thirty/3U\days Ofcompliance. Costs will continue k}accrue until compliance iS achieved and the case is
closed.
/X \ The R9spVndeDf(s)shall comply with the COde(S) referred 0JiO the Notice of Violation/Notice Of Hearing OOorbefore
05/02/2022 HE COMPLIANCE DATE").
/X \ |D the event the viO|8tiOO(5)were Or are not corrected nn the compliance date previously ordered O[OO the compliance date
set forth herein, fine(S) iO the dollar amount:
110-140.(a) $ 100-00 (PER AGREEMENT)
for each day BEGINNING DN THE DAY AFTER THE COMPLIANCE DATE that the R8SpDOden�Q) i�areiD violation i�a[e
hereby ORDERED.
'` '
(X ) |tiS further ordered,that the County iS hereby authorized tD make all reasonable repairs iOC|UdiOgdC0U|itiOOwhiChaF8reqUi[ed
k) bring the property into compliance and charge the RespVOdeDKs\with the CO�of'ngpRi�iOcUrR� hythe County,the costs of
p[OsSCUUOVincurred bythe County and any�n8S0ndenB iO1hi3 ' ' �ec '
/ ) The R8SpnndeOUS)were iO violation 0f the [NONROE COUNTY C(}DE�U as fully tfD�hin the NOdCeOfVi0|ahDO/NOdCeDf
Hearing filed inthis case and did not come into compliance onO[b8fO `CODE(S) COMPLIANCE DATE but are now incompliance,
Th8ReSDOndeD shall pay the total amount 8fcost and/or fines ` to
Monroe County Code Compliance within thirty(30)days Of this Order. '
(x Other: STIPULATION AGREEMENT IS ATTACHED HERETO AND INCORPORATED HEREIN.
Page 5423
In the event of nonpayment of fines and/or costs imposed on Respondent(s), a certified copy of this Order may be recorded in the
public records and shall thereafter constitute a lien against the land on which the violation or violations exist and upon any other real or
personal property owned by the violator, The County may institute foreclosure proceedings if the lien remains unpaid for three months
and/or may sue to recover money judgment for the amount of the lien plus accrued interest, Please make checks payable to Monroe
County Code Compliance and mail to: Monroe County Code Compliance, Attn: Office of the Liaison, 2798 Overseas Hwy,, Suite 330,
Marathon, FL 33050,
IT IS THE RESPONDENT(S) RESPONSIBILITY TO REQUEST A REINSPECTION TO DETERMINE WHETHER THE PROPERTY IS
COMPLIANT BY CALLING CODE COMPLIANCE AT (305) 453.9806 FOR THE UPPER KEYS,1305) 289-2810 FOR THE MIDDLE
KEYS; (305)295-4343 FOR THE LOWER KEYS. -
A
DATED this this 29TH day of October 2021,
J L g cial Magistrate
CERTIFICATE OF ORDER
hereby certify that this is, ue and correct copy of the above Order.
Poe'
Nicole PetriCK, Liaison
CASE NUMBER: CE21020010
Respondent(s) mailing address of record with the Monroe County Property Appraiser's Office:
JOSEPH JEAN PAUL JONATHAN TREMBLAY
940 FERN AVENUE
SUMMERLAND, FL 33043
Location of subject property:
413 BARRY AVE
LITTLE TORCH KEY, FL 33040
Real Estate Number: 00215140-000000 CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of this Order has been furnished to the Respondent(s) via hand delivery first
class U.S. mail to Respondent(s) address of record with the Monroe County Property Appraiser's Office as referenced
ab ov e d1orkthcrize e resentati've NIA on this 29TH day of October 2021.
Nicole Petrick, Liaison
Page 2 5424
........................
MONROE COI.JNTY CODE ENFORCEMENT
SPECIA1, MAGISTRATE
Monroe County Code Enforcement
Petitioner
VS. Case Number: CE2102001 0
Joseph Jean Paul Jonathon Tremblay
Respondent(s)
STIPULATION TO CODE VIOLATION AND FOR TIME TO COMPLY FOR FIRST
TIME OFFENSES
In the rnatter of; 4,13 Barry Ave, Little Torch Key, FL 33040
Re# 002,15140-000000
Joseph Jean Paul Jonathon Tremblay (herein after referred to jointly and severally as
"Responclent(s)") and Monroe County Code Enforcement ("Petitioner"), by and through
the undersigned individuals, hereby agree and stipulate to the Wlowing;
1. Respondent(s) agrees that I/we received the Notice of Hearing
Issued in this case, and that a hearing is schedWed to be heard on October 28, 2021 to
determine whether the charges alleged in the Notice of Violation and Notice of Hearing
are accurate and supported by substantial evidence ("Hearing"),
2, Respondent(s) agrees that the violation(s) exist as alleged in the
Notice of Violation which was served in -this matter, Respondent(s) understands that
lie/she could appear at the Hearing and contest any evidence to be submitted by Code
FACbSes for specki rnagist rateOcu)ber 28,202 1 (T'2WNWO-413 Barry A,v6SOPWafion for Firs I Time Offender sampkIdc)c
5425
Enforcement, However, by entering into this Stipulation, Respondent(S) understands
and agrees that;
(a) He/she need not appear,at the Hearing, bUt instead, stipulates to entry
of the finding against Respondent(s); and
(b) Any evidence in the Code Enforcement file will be deemed the record
in the case; and
(c) He or she waives the right to appeal any finding of violation or order
that he or she would otherwise have under Section 162.11, Florida
Statutes,
3. The Respondent(s) understand that the property will be checked
for compliance on May 2, 2022,
4e The parfies understand that a fine of $100.00 per day that shall
accrue daily if the property is not brought into compliance within the firne specified in
paragraph 3.
5 The Respondent(s) understands that if the Respondent(s) fails to
comply within the firm gwen i I n paragraph 3, the fine(s) shall accrue each day the
violation(s) remain as follows,
110-140.(d) $100 per day
6. The Respondent(s) agree to pay all costs incurred in prosecuting
the case within 30 days of comp@iance and that such costs shall be imposed as a lien
under Section 162.09(2) (d), Florida StatUtes, and Monroe County Code section 8-
29(b).
PACases for speciM mag�svate-octo,,er 28,202 PC'EMMAOA_ 3 Barry A vekShp.awion dm F'WA hnw Of feader sanq4e2 doc 2
5426
7 Respondent(s) specificaHy agree that this StipWation Agreement
shall be recorded in the public records of the County and shall constitute notice to
subsequent purchasers, successors in interests, or assigns that the violation of Monroe
County Code 110-140.(d) exists, This Stipulation Agreement shall be recorded as a lien
against the property and Upon any other real or personal property owned by the
Respondent(s) if the property is not brought into compliance by the date specified in
paragraph 3.,
8, Respondent(s) agrees and represents, that Respondent(s)
entered into, this Stipulation of the Respondent(s)'s own free will. Respondent(s) further
understands and agrees that he/she has the right to consult with counsel prior to signing
this Stipulation, and has done so or has elected to waive this right,
9, The Respondent(s) understand and acknowledge that the sale of
the subject property prior to compliance of the property arid/or prior to the data specified
in paragraph 3 will negate the stay of fines and the full amount of accrued fines wili be
reinstituted,
10. The parties Understand and agree that the Respondent(s) may
revoke this Stipulation and that such revocation must be done in writing or done in
person with Inspector Hall by the end of business October 8, 2021.
P:Acases for 41eo'A nlagistnwe-October 28,.202h0,.2W20W0-C3 Baa),A ve�S6puLi6i)n for hrst Troxne Offender sampPelduc
.3
5427
y signing this Stipulation, both parties represent that they have READ,
DE " E its Srn5 and
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Res ond In (s) at Signature of Respondent(s) Date
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P i Name Print Name
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STATE CbF"......., STATE OF
PERSONALLY APPEARED BEFORE MI.,", the PERSONALLY APPEARED BEIFORE Mf., the
and signed authority, rtder i aw d author4y,
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PACases tar srwr cW razagistrwe a aibo 28,202 RwCE2NO2O 0-413 Baray A vewS6tuuhatpan for Fbam"game Offenoer sarnt&2..doc �
5428
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MONROE COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Monroe County Code Enforcement
Petitioner
VS. Case Number CE2102001 0
Joseph Jean Paul Jonathon Tremblay
Respondent(s)
STIPULATION FOR AN EXTENSION OF TIME TO COMPLY
In the matter of: 413 Barry Ave, Little Torch Key, FL 33040
Re# 00215140-000000
Joseph Jean Paul Jonathon Tremblay (hereinafter referred to jointly and severally as
"Respondent(s)") and Monroe County Code Enforcement ("Petitioner"), by and through the
undersigned individuals, hereby agree and stipulate to the following-,
1. Respondent(s) agrees l/we received and signed the Stipulation
agreement on October 8, 2021. Under the Stipulated Agreement we agreed to a compliance
date of May 2, 2022. l/We are not going to be in compliance by that date.
2. Respondent(s) agrees that the vVatlon(s) still exist in the above
mentioned complaint as alleged in the Notice of Violation which was served in this matter.
(a) The parties are now agreeing to extend the compliance date.
(b) He or she waives the right to appeal any finding of violation or order that he
or she would otherwise have under Section 162.11, Florida Statutes.
3. The property will be checked for compliance on July 5, 2022 (New
compliance date).
4. The parties understand that a fine of $100 per day shall accrue daily if
the property is not brought into compliance within the time specified in paragraph 3.
0
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5. The t pornd rnt( ) understands that of the R p nd rnt ( ) falls to
comply within the turrne guv ru Ern paragraph b the fine(s ) small accrue each day the violation(s)
remain as follows-,
11 -1 4 w( ) 100.00 per day
5, The Respondent(s) agree to pay all costs incurred in prosecuting the
case within 30 days of compliance and that such costs may be imposed as a lien under
Section 152009(2)(d)8 Florida Statutes, and Monroe County Code section -29(b)o
7, Respondent(s) p utuc .11y agree that this Stipulation Agreement small to
recorded in the public records of the County and shall constitute notice to subsequent
purchasers, successors in interests, or igrn that the violations of Monroe County Code
110-140.( ) exists. This tipul do n Agreement shall be recorded as a lien against this
property and upon any other real or personal property .wined by the Respondent(s) of 'the
property is not brought into compliance by the date specified in paragraph o
o The Respondent(s) understand nd acknowledge that this
STIPULATION FOR AN EXTENSlON OF TIME TO C I PI....Y is non-transferable to any future
property owrn it .
90 The Respondent(s) understand and acknoWedge that a sale of the
subject property prior to compliance of the propertyand/or (prior to the date specified in
paragraph will negate the stay of fumes and the full amount of accrued fines will be reinstated.
19. Respondent(s) ingress and represents that Respondent(s) entered into
this Stipulation of the Respondent(s) s own tree will.. Respondent(s) further understands arnd
agrees that he/she has the right to consult with counsel prior to signing this StipWation, and
has done so or has elected to waive this right.
11. The parties understand and agree that the Respondent(s ) may revoke
this tipual do n and that such revocation must be done in writing or deems in person with
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Inspector Dell by the end of business Friday May 6, 2022.
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By i rdng tHs S c :)(:)t p'.jw esrepresent � � n they III � �� � �: � .�.(DOD,
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Signattue o RespagIA, I Ones Si Wlma. W li s Date
STATE Chi
STATE
�.,.0 ,`N U`)' ��Y` � d�.,""� f� , P �' (.,.,)U N'T�Y OF ............,....
PERSONALLY APPEARED BEFORE NUL rrxe PERSOpMA LY A PEARl,DrMU zoME, the
rm d r Mgmd nulmly,
l Own¢7r n � �� � �� � 'e m, MOW W ��Car. 'Bl.r fS,EB�hI llm
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MONROE COUNTY CODE ENFORCTAIEN'r
SPECIAL, NIAGis'rRATE
Monroe COUnty Code Enforcement
Pefifioner
was. C"Pase NUMber CE2102001 0
Joseph Jean PaW Jonathon -rm�rnblay
Res,pondent(s)
STIPULATION FOR AN EXTENSION OFTIME TO COMPLY
In the matter of: 4,13 Barry Ave, tittle Torch Key, FL 33040
Re# 00215140-000000
Joseph Jean PwA Jonathon 1'ren-¢Nay (heretinafter referred to joinfly and severatily as
"Responderit(s)") and Morime County Code Enforcemeni ("Pefifionee'), by arid through the
undersigned indMduaps, hereby agree and sfipWate to the Vtiowing
1, Respondent(s) agrees ti/we received and sgned the Sfipu. aflon
agreement on October 8, 2021. Under the SfitiX]Wed Agreernent we agreed to as corrip tiance
date of May 2, 2022,, Respondent(s) agrees I/we received and swgned subseqUera SfipWafion
agreements as foltiows 211d Agreement was signs on May 9, 2022 Mth new compltiance date
of July 5, 2022: VWe are not going to be tin cornpUance t)y that date,
2 Respondent(s) agrees that fl"�e vti6afion(s) sffll eAst in the above
mentioned cornpWnt as adPeged irl thEa Nofice of VtioWion wNch was served lira this matter,
(a) 1"he parties are r1ow agre6ng to extend the cornpti ante date,
M He or she waives the rtighf to appeati any fincfing of 0o afion or order that he
or she would otherwtise have under Secfion '162,11, Rodda Statutes,
3. The property vAti be cl"iecked for compliance on FebrUary 3, 2023, (New
cornpkance date),
5433
4, The partyes uriderstand that a firie of $100 per day shaH accrue daffy �f
the property is not brOLIght �nto cornp�ance wMiin the trn,ie spe6fied iri paragraph 3,
5 The Respondent(S) Unde�stands that �f the Respondents(s) fails to
cornp� y within the fime ggiven in paragraph 3, the fine(s) shall accrue each day the violafion(s)
rerna�n as follow &
110-1 40.(d) 100.00 per, day
6 The Respondent(s) agree to pay 0 costs incurred ren prosecufing the
case within 30 days of comp4ance and that SUch costs may be imposed as a Hen Urlder
Secfion 1 62.09(2)(d), Flohda Statutes, and Monroe County Code secfiorl 8-29(b),
7, Respondent(s) specificaPy agree that this SfipL,flafion Agreement shaH be
recorded in the PUbHc records of the Cow 0'y and shaH constitute notice to subseq,jerlt
purchasers, SUccessors en �nterests, or asspgns that the OoW*ns of Monroe County Code
1 '10-140.(d) exists, P'vs SfipWafion Agreement shafl tie recorded as a Hen agairist the
property and upon any other read or persona ropefty owned by the Respondent(s) if the
property '�s not brought unto corrip6rance by the date spe6fied 41 paragraph 3
S. 'The Respondent(s) understand and acknowledge that th�s
s"nPULA710N FOR AN EXTENSION OF TIME TO COMPLY is non-transferable to arly future
property owners,
9, The Respor'Went(s) understand and acknow dart ge that a sar e of the
subject property prior to compHance of the property and/or prear to the date specffied �n
paragraph 3 wHi negate the stay rat fine and the fuH arnount of accn,*d fines w�H be re�nstated,
10, Respondent(s) agrees and represents that Respondent(s) entered into
th s Stipulation of the Respondent(s)'s own free MIL Respondent(s) fuilher understands and
agrees, that he/she has the right to consuft vv th courisel prior to signing th�s Stipulation, arid
has done so or has effected to wadve fts right,
5434
11. The parlieS Understand and agree that the Respondent(s) rylay revoke
thuds Sfif)LlWion and teat such revocation mUst be done in wrifing or one �n person with
Inspector HaR by the end of business Wednesday, July 27', 2022,
5435
Bps signing this SfipuWion, both parties represent that they have READ, UNDERSTOOD,
AND CONSENT �-Q-Aqerrns arlsd�eolldibons-,
Si 9 W we ant I - ----- .......
Signature of Respondent(s) Date
A-1
Pr'int Narne
Print Name
COUN
COUNTY OF
PERSONALLY APPF,'''ARE'D BE"FOIZE ME.', the PERSONALLY APPEARED BEY"ORE MEE, thw
unders�gnc(j aufficirity, undersigned author'
who, w o, a R e r after first being swoun by me, 'uffix" ed fdslher lirst heinjg sworn bY Me, affixed hk/h -
ermormi tire
%ignature nc f mdu'viidu',uj (name of I Individual slg�fing) ill the Space, provi&cj
mce p ovidedLubTY(I On ...... day of )o
2
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HH 12$N 807 .4t V01'AR Y PUBLIC
A"'ARY 11(j Z.
L'I C EXPIRES
APM 28,2025
2.
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Signature of eetivol,j Oul'ItY) Date
<�j akl k c-c act
Inspectors riarne
STATE'
ITRSONALLY APPEARED BEi0WH PVIK, the
underm'l.
41Wd auffiority,
%v h o' USA MARSHALL
arfer first 1-)6ng Sworn by Ine, affixed his/hey, MYCOMMISSfON4MG70328
sigwill u ,e Of in(fivicima slgr uiu the EXPIRES:Decernber 8,2024
Bonded Thru Notary Pubjic
above on 0fis
i a ers
NOTARY p�jfjj.�C,
5436
Q1
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE 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
July 19, 2023
Agenda Item Number: Q1
2023-1221
BULK ITEM: No DEPARTMENT: Administration
TIME APPROXIMATE: STAFF CONTACT: Lindsey Ballard 305-292-4443
TBD
AGENDA ITEM WORDING: Request by Mr. John Milhiser to speak to the Board of County
Commissioners regarding the Twin Lakes/Sands Neighborhood Sustainability Projects. 10:30 A.M.
TIME APPROXIMATE.
ITEM BACKGROUND:
n/a
PREVIOUS RELEVANT BOCC ACTION:
n/a
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION:
DOCUMENTATION:
Sounding Board Request foe July 19, 2023 BOCC meeting.pdf
FINANCIAL IMPACT:
n/a
5437
From: jdmH1hiserL6ao1.com
To: BallardLindsey
-
Subject: Sounding Board Request foe July 19,2023 BOCC meeting
Date: Tuesday,June 27,2023 12:46:11 PM
You don't often get email from jdmillhiser@aol.com. L ir w1hV r
Lil I................. ......................�.[
CAUTION:This email originated from outside of the County. Whether you know the sender or not,
do not click links or open attachments you were not expecting.
Ms. Ballard,
This email is my formal request to be included in the Agenda for The July 19, 2023
BOCC meeting in Marathon. I wish to do a Sounding Board item re. the Twin Lakes/
Sands Neighborhood Sustainability projects. Please acknowledge receipt of this
request. Thank you.
John Millhiser
1532 Shaw Drive
Key Largo, FL 33037
703 209-3357 cell
5438
�dr�'SF�" I
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
Ron DeSantis Kevin Guthrie
Governor Director
December 28, 2022
Mr. Roman Gastesi, County Administrator
Monroe County
1100 Simonton Street, Ste 205
Key West, FL 33040
Address
City/St/zip
Dear M. Gasteshi:
The Office of Floodplain Management has received a copy of the recently adopted
amendments to the community's floodplain management requirements. Accordingly, this letter
acknowledges receipt and conditional approval of Ordinance No.026-2022 and No. 027-2022,
which amend the floodplain management requirements. The terms of this condition approval
include the following:
1. Sec. 122-2 defines the term "market value," specifying a fixed factor to be applied to the
tax assessment value of buildings. Shortly before the Board of County Commissioner's
November 15, 2022 meeting, at which the ordinances were adopted, we notified the
County staff that we would not be able to approve the codification of fixed factors. We
will provide the guidance we developed in consultation with FEMA Region IV and will
work with your staff to prepare an amendment to that definition.
2. Sec. 122-10 cites the County's "substantial improvement/substantial damage
works heet/checklist." We have determined that this document must be revised for
consistency with the Florida Building Code, Existing Building; the County's amendments
to Chapter 122; and FEMA guidance contained in FEMA P-758, Substantial
Improvement/Substantial Damage Desk Reference. We will provide comments for
consideration by your staff.
Ordinance No. 027-2022 includes local technical amendments to the Florida Building Code.
Pursuant to 553.73(4)(a), F.S., local amendments to the Florida Building Code must be transmitted
to the Florida Building Commission within 30 days after enactment. Mark the pages of the adopted
ordinance that show the FBC amendments and scan the first page, the marked pages displaying
FBC amendments, and the signature page and send to the
Commission: Mo.Madanimyfloridalicense.com; Marlita.Petersmyfloridalicense.com.
We appreciate the community's careful attention to maintaining consistency with the
requirements of the National Flood Insurance Program and adopting provisions that will reduce
future vulnerability to flooding. Please note that any subsequent changes to these regulations,
D I V I S I O N H E A D Q U A R T E R S STATE LOGISTICS RESPONSE CENTER
2555 Shumard Oak Blvd Tel 850-815-4000 2702 Directors Row
Tallahassee, FL 32399-2100 www.Florida Disaster.oca Orlando, FL 32809-5631 5439
including any future amendments to adopt requirements or code amendments that exceed NFIP
minimums, are subject to review by this office prior to adoption. As the NFIP State Coordinating
Agency, one of our responsibilities is to work with communities to ensure they remain compliant
with the NFIP requirements for continued participation in the NFIP.
We appreciate the community's effort to move this vital ordinance through the adoption
process. Please do not hesitate to contact us at floods em.Myflorida.com or (850) 815-4556.
Sincerely,
Conn H. Cole, MBA/PA, CFM
State NFIP Coordinator/Floodplain Manager
Office of Floodplain Management
CC/rq
cc: Emily Schemper, Director of Planning & Environmental Resources
Rick Griffin, Building Official
5440
w Monroe �w` BOARD OF COUNTY COMMISSIONERS
County �1�11 � Mayor David Rice,District 4
Mayor Pro Tem Craig Cates,District 1
The Florida Key u�.�,
Michelle Coldiron,District 2
,. Vacant,District 3
Holly Merrill Raschein,District 5
Memorandum
DATE: 01/14/2022
TO: BOCC
FROM: Kevin G. Wilson P.E. ,�, ;� , � Kevin G.Wilson,P.E.
i y. , 2022.01.14 08:48:30
-05'00'
SUBJECT: Proposed Change Order to be Approved
Attached is proposed Change Order#1 for the Rockland Key Temporary Monroe County Fleet Garage
Build Out project. This change order increases the final contract sum by $4,403.46. The substantial
completion date is unchanged.
Monroe County Ordinance 027-1998 and subsequent amendments provide authority for the
Administrator to approve change orders within specified limits after providing Board of County
Commissioners with at least 24 hours to review them and pose any questions or objections that they may
have.
It is the Administrator's intent to approve the attached change order under that authority on Tuesday,
January 18, 2022.
5441
MONROE COLYMYIENGINEERING1 PROJECT AUNA,c.;EmExr
COMTRACT CHANGE ORDER
PROJECT TITLE:
Rockland Key'remporary Monroe County
Fleet.Garage Build Out CHANGE ORDER NO. 01
114111ATION DATE: 011,1012022
CON'rRACT DATE: 1210812021
'TO CONTRAC"I'OR:
Pedro Falcon Contractors, Inc.
31160 Avenue C
Big Pine Key, Fl,-33043
The C�ontract is,chpngq�j ��Joifow&
-rr-----1111-11 ---1-------- ---,-.-
The ovigerr al (Guaranteed MaAmurn Price).. ...... ......... $452,60U0
'Tlinto,ange by previously aut!hofized Chan Orders................ ...... ......... $0
e & &rgg,!. jr�j(Guarante Arnurn Pdce) prior tothis Change order was,.... $4,52,600-00
f
lie(,Q gjUjTAat?a1LM)(GU aranteed Miaximwn Pfte)w1h be lincreasgo 'T,d)
$4,403,46
(unchanged)by this
.............
The new (QgnLr4g,,t_%gn:�)(Guamnleel Maximurn Price) snclu6ngtNs,Chang6 Orde,is, $1,57,001,46
het on e tract Tim e wiil be (uncreased) (d (yg ecreased) .q1j qLaeq) by--- 0 days
tidy.date of,Substanfial Completion a his s of thedate of Change Order m .... ...... 02/02/2022
Detafleddescripfionof change carder sand'jusfification"
1-2ft wdp,AQy la,
Ja�,.,jt,si L mmt L
increase the �L!5 Lkic" QQL,t jt�
in an margase to ftSQgL rah itr
m&ar m®rk.M-0-a �K�odate the revised door.
Mot majhL—un W A
ARCHI�"ECT.-
')ate
fin 11 -,yAr(.,1,fteqt F,A
L
............
C.,
GONTRACTOR,�
..................
f-"Iedro Falmn Contractors, Inc,
EN t Digitally signed by Cary Knight
DPART EMT DIRECTOR, Cary Knight Date:2022.01.13 1605:07-0500'
Ea'r—y ............
P Kevin G.Wilson,P.E.
2022.01.18 19:46:36-05'00'
COUNTY/ASSISTAN'T ADViNISTRA"I"OR:
Roman Gastesi Date
Kev4i VVflson
5442
Change Order Attachment per Ordinance No. 024-2015,
* (;J-ange Order was not unchjded in the original contract specifications. "des [ No [I
ff 'Yes, explariabon- 717e budefing owner,reqj,iested that boith bay cloot-S be 14'viddq, Ofiginal Scope of
work pipcffled one at 14'and the other-at 12',
* Cha nge Order was included in trap ariginal specifiC21iGns, Yes No iZ
If Yes,, explanation af Mcrease ki pdm
* Change Order,exceeds $50,000 or 5% of contract hever price (whic is greater). Yes F j No IZ
ff'Yes, exp ar*ifion as to why ft is, not for a a',alfirig for bids:
* Proje(Aarchitect approves the change order, Yes F?,Qlqo[:.I
lf no,:, expianation of My
* Change Order�s corrL,,cfing an error or ornission in design document. YeS E]P'40 rZ
Shot. d a C18JITI Under the applicable prore�ssiona� njabjjjty policy be rnade? Yes, F. No
Exp an-
5443
t3
7 2
7,
OT I
Request for Change Order
Date Submitted', 0 1/1012020
Project: Rockland KPy'I"emporaq Monroe County Fleet Garasie Build Out
.MqLLib2ELkj
Description,, Ccn(.,,,retf.n?, for Overrhead Door, Rebar for CMI,J, Larger Overhead Door
........... . .......
Gredit Larger Overhead door operiing
Mark-up 1 '%--..... ............. ....-3160,00
........................ $1,765.00
Best Roffing Doors
(",redit for 'Fvw) Overl,ead Doors including powder coat ........_.. ...($20,623.00)
Debit for "Two 14'-0"x 16-0" including the powder coat ....... ....... 23,0010M
'Total with mirk-up------,-,...1,11......... w .............. ....... ...... ma.ww $2,377'.00
S u Motal B el la arid B ast Roll i rig Doors. $4,142�00
Management IFee @ ......
P & P and 1.25% of Tote ...... ....$54.36
.......... ................ .............. ......
...................... .. 4
jut
11022EMOEAAEROM
Please contact me ff ou halve any questions.
Thanks,,
ReespectfuHy Submitv-�d,
Chri��ftian BrIsson
F,roject Manager
nt,�a i
5444
cop im ReMrrd phNu
To-, Peejrn Falcon C.of Wr;.rd,04S,h1G
V""+�ocMarari J<ey Pu9tk Works
Attq'h: W°m M WWI
I
Chrisfian
hence rp,rossw fat LJhq on b0ow refle t nub MO .sugniticsnt changes es Nni contact to revised pl rls¢stwrijped 1221. 1
Famst
Vtr�. Qa.a"r��a,INu"a T"afiNWN,�N sbaa CMu W.��IWuax � `�:"�� _..
vr,= , Lna - l U:.
F
�ry"r .l r•"'
f ..,.. ., 1, .4r1",., r.
f .... r. ..
tr DeWt rebarat Ft"
�'#"IY5g0.re bar;at�Va'wt,"eW 11 7'' �N' �� ib ;s�� orb
Debt ow ,��s at a1.e-";.d H 4: Vn�Vi�rand b�oola r4 81 e;,'j rx^V N.13 806 403
Fan ,. .0"-' ,. ....
b , Y ......�........ ._..m...»,.__._.._,...___... .......... ...�. ._._..... .........-------
east t,
605
rGt yar roW'✓ _ _ 16
Total thia COP $1,765
App oved¢
irro Nit r Nr'"� C"�
."su plCoMrac-trar
5445
ON I
UX") ';L.1 ING DOORS, ' ,
�il� B E S T R
BESTROLLING DOORS BEST ROLLING DOORS 7AMPA
9780 NW 79TH AVE 8803 ENTERPRISE COVE
HIALEAH GARDENS, FL 33016 "TAMPA, F L.33637
PH,', 305 82166,07
FX: 305 36 7
Quote 8663
1-3-,2022
sh� p to,
Monrrxa County PubHc Works
-111 Overseas HWY
Rocklan IKey, FL.
Credit
14' )c 15' Rofling Dc)or
Motor Oper, Factoty finsh (Gray for gav-
qrnpact Rated 65- 65+ PSF Non insulated
12' )( 15' RolHng Door
Motor Oper, Fac,,tory fhs�rj ((�ray or,GWv) 'Tot
Impact Rated 65 -66 1- PSF N(,-)n 4"�sufated al Credit $20,623.100
New Size doors
14, " x 15' Rolling Door,
Motor Open Factuy finish (Gray or CnalV) $9:700.010 x 2 = 19,400.00
Impact Rated 65- 65-F PSF Non �nsulated
Powder('I'cmt Finsh both doors $3,600.00
Tbal $23,000-00
L.ead tkne ices 44 weeks
Any electrical by others
Ar�y condUit by others
Any perrrifts by, others
f f 17,
5446