Item P2 P2
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
m' David Rice,District 4
Board of County Commissioners Meeting
September 20, 2023
Agenda Item Number: P2
2023-1444
BULK ITEM: No DEPARTMENT: Planning & Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper
AGENDA ITEM WORDING: A Public Hearing to Review a Request by Wesley House Family
Services, Inc., for a Resolution Waiving the Nonresidential Inclusionary Workforce Housing
Requirement Applicable to Redevelopment, With a 4,171 SF Expansion, of an Institutional Use on
Property Located at 5 Homestead Avenue, Approximate Mile Marker 99, Key Largo, Monroe County,
Florida, Currently Having Property Identification Number 00453410-000000. The Total Required In-
Lieu Fee for the Project Per LDC Section 139-1(f) is $75,661.94.
ITEM BACKGROUND:
REQUEST
The applicant, Wesley House Family Services, Inc., is proposing to redevelop an existing building with
an addition, for an institutional use. The applicant is requesting a waiver of the nonresidential
inclusionary housing requirement in accordance with Land Development Code (LDC) Section 139-1(f)
(3)b. in order to construct a 4,171 square foot addition.
LDC Section 139-(f)(3)b.
Redevelopment with an Expansion. Each redevelopment project 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 an existing use is expanded shall be calculated based on the
incremental increase is size of the existing use (net additional square footage).
Total Need Created by Nonresidential Development
Total In- Total # of Units
Land Use Lieu Fee Floor Required In Lieu Fee (50%
Category Total Housing Area of (50% of total of total in lieu fee)
Need per SF per SF Expansion housing need)
4077
I
Institutional 0.000337 $36.28 4,171 SF (rounded up from $75,661.94
0.70 per LDC)
The analysis described throughout this report is based on the plans submitted through Monroe County
Building Permit# C-ADDN-2023-0004.
BACKGROUND INFORMATION:
Location: Key Largo near U.S. 1 Mile Marker 99
Address: 5 Homestead Avenue
Legal Description: Full legal description in application file
Parcel Identification Number: 00453410-000000
Property Owner: Wesley House Family Services, Inc.
Agent: Belle Construction Services, Inc.
Size of Site: 59,106 upland square feet(per survey dated 12/9/2021 by Brent Joseph Thurkettle)
Land Use District: Urban Commercial(UC) and Suburban Commercial(SC)
Future Land Use Map (FLUM) Designation: Mixed Use/Commercial(MC)
Tier Designation: III (Infill Area)
Flood Zone: X
Existing Uses: Institutional
Existing Vegetation/Habitat: Impervious surface, developed land, hammock
Community Character of Immediate Vicinity: Commercial retail, institutional, office, residential,
park
REVIEW OF APPLICATION:
The applicant is proposing to construct a 4,171 square foot addition to an existing structure to be used
and operated by Wesley House Family Services, Inc., an institutional use.
In accordance with LDC Section 139-1(f)(3)b., the expansion of 4,171 square feet of an institutional
use/structure generates the need for 1.40 affordable dwelling units based upon the 'Affordable
Workforce Housing Support Study for Non-Residential Development,' prepared by Clarion Associates,
LLC,prepared in June 2017.
Each redevelopment project not exempted by subsection (4), shall mitigate 50% of the workforce
4078
housing demand created by the proposed redevelopment by one or a combination of the methods
identified in subsection (5). 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 one (1)
affordable dwelling unit (rounded up from 0.70) or payment of the in-lieu fee equivalent, which is
$75,661.94.
All nonresidential uses not exempted shall mitigate the demand for workforce housing created by the
proposed development or redevelopment by one or a combination of the methods identified below:
1. The construction of workforce housing dwelling units on the site of the development project. The
workforce housing dwelling units shall meet the County's affordable housing restrictions as
specified in Section 139-1(b) and (c), for a period not less than 99 years;
2. The construction of workforce housing dwelling units off-site of the development project but
within a 15 mile radius of the nonresidential development/ redevelopment. The workforce
housing dwelling units shall meet the County's affordable housing restrictions as specified in
Section 139-1(b) and(c), for a period not less than 99 years;
3. The deed-restriction of existing dwelling units within a 15 mile radius of the nonresidential
development/redevelopment. The workforce housing dwelling units meet the County's affordable
housing restrictions as specified in Section 139-1(b) and(c), for a period not less than 99 years;
4. The donation of land to the County, upon the acceptance of the BOCC of a proposed parcel or
parcels, may satisfy the requirements of this subsection by donating one (1) IS or URM zoned
platted lot for each workforce housing unit required but not provided through actual construction
or in-lieu fees (or a Tier III parcel or parcels of land zoned other than IS or URM as long as the
donated parcel(s) have the appropriate density available to support the development of the
required number of workforce units); and/or
5. The payment of a fee in-lieu for the inclusionary housing requirement for all or a percentage of
the workforce housing units required. The in-lieu fee shall be paid prior to issuance of a building
permit for the nonresidential development or redevelopment. All in-lieu fees shall be deposited
into the affordable housing trust fund and spent solely for the purposes allowed for that fund.
LDC Section 139-1(f)
(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
4079
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)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 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 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(full explanation attached):
4080
..."One qI' the primary vmYS vw contribute to the vwl/are cif' (1i,adi ant(iged,f(lmilie, s through our
housi.ng programs, Wesle House Family S'ervices operates various n iitiatives, such as Jos ter homes,
'Y
transitional housing, and often rental assistance, all designed to provide a safe and stable living
environm.entJorJamilies in crisis, B qIlering a roqfover their headt, vw give,families the opportunit
'Y 'Y
to
Jocus on healing, stability, and accessing the vital resources they require to improve their
circum.stances, The building project at .5 Homestead Ave, in Ke o vi Larg- Wl serve a q s 1lice space,lor
Y
those that provide ourservices, as vwll as visitation rooms as vw try to reunite,families, We also plan to
offer meeting roomspace to other non-prqlitgroups in the communit ,
'Y
While vw vMoleheartedlysupport the goal qI'the Inclusionary Housing requirement, vw believe that our
org-ani7a Lion's unique role in serving the most vulnerable memhers cif' our community vwrranU a
vwiver, Our resources and capabilities are solely dedicated to assistingJamilies vMo arc,facing acute
challenges, and vw rely heavil y on donations and grana to sustain our programs, Mandating
inclusionary housing obligations vwuld place an undue burden on our limited resources and impede
our ability to provide the vital support services that have be(.,ome sYnonYmous vi4th Wesley House
F'amily,,Services......
See 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 00 1-202 1, 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
4081
Employer Survey Results by RRC Associates and 2017 Affordable Workforce Housing Support Study
for Non-residential Development by Clarion Associates).
The analysis was done for individual types of nonresidential uses, including institutional uses, the
outcome of which was used to establish the inclusionary housing requirements adopted by the BOCC in
Ordinance 001-2021.
The data and analysis used to create the nonresidential inclusionary housing requirements in
Ordinance 001-2021 indicates a need for affordable and workforce housing created by
institutional uses beyond what the applicant is currently providing, therefore staff does not
recommend approval of a waiver.
**As a note, on July 19, 2023, the BOCC directed staff to proceed with proposed amendments to
Section 139-1(f) that would exempt the first 1,000 sf of nonresidential development/expansion from the
nonresidential inclusionary workforce housing requirements. Staff has begun the text amendment
process, but it is not yet adopted/effective. If the current applicant's inclusionary workforce housing
requirement is re-calculated using an exemption of the first 1,000 sf of the addition, the total in-lieu
fee due would be$57,521.94 ($3,171sf x $36.28/sf x 50%)**
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 July 19, 2023, the BOCC directed staff to proceed with proposed amendments to Section 139-1(f)
that would exempt the first 1,000 sf of nonresidential development/expansion from the nonresidential
inclusionary workforce housing requirements.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
Staff recommends DENIAL of the applicant's request to waive the nonresidential inclusionary housing
requirement for the addition of 4,171 square feet to serve an institutional use pursuant to Section 139-
1(f)(4)b.
DOCUMENTATION:
Applicant_Statement—
tate ent_2023-190_FILE.pdf
2023-190_Staff Report.docx
2023-190 BOCC Resolution.docx
FINANCIAL IMPACT:
N/A
4082
A ach ent
1304 Trarni an Ave.
Key West, FIL 33040
9451 Overseas Hwy.
( e,rhae 20
Wesley House K,ey Largo, FL 33037
'1 r `
Services
Phone,
05.809 5u'10
Fax: 305.809,5010
Helpr n Our Community One Farnilly at a TOne www.WesleyHotise.org
I am writing can behalf of the Board of Directors of Wesley House F,:arnily Services, a non-parofit; €ar arai7aticrr'a rfr.uf(cs,:ated to
providing essential support and assistance to disadvantaged families in Monroe tc.anrat:y. e ha,rrrak'aly rec,p(ues t yea(.ur
consaderaatican for as waiver from the Inc':Irasieanary 1••tcauawing requirement to further our aiission anci expand the reach of
uaruur ser0c es.
Wesley Flcarase faauaaily Services has been aiding the c:c:aanraaurnity sin€::e 1.927, serving as a beacon of hope fear- farrnihe.,ss facing
economic claahlen,fye:rsa faarent:infp difficulties, and other adversities. We have been surCCeSSfu.rl in r reat:4ig ,a comprehensive
suapaport network that addresses the, critical needs caf our caarnmuanity mernbers, empowering them to, overcome
obstacles and hrrild as blighter future.
One of the parinaaary ways We c:cantrihuute to the welfare of disadvantaged faarrailies is through our housing par'cafraaryus..
Wesley h-lcansea Family ScauOces operates various initiatives, such as fester hcarnes, transitional housing, ,.and often rental
assistance, a lr l a esign,ed to provide a safe and stable living, environment for families in crisis,. By offering as roof over their
heads, we give these faarrawlies they c'apap:reartcenity to fcaCLASe Carr healing, stability, arid accessing the vital resources they
require to improve their c prc.urnstarICE'S, The bUilding project at 5 Homestead Ave., in Key Largo will serve both as c'Mic
space for thcase that provide cauar services, as well as visitation roorns as we try to reunite f aniih es. We also plan to offer
meeting room space to other non-profits and groups in the commu.anity.
Whipe was wholeheartedly support the goal of this haClnsionary 1--lousing requirement, we h€.yh eve that our or ,ani,aaation's
Unique role in serving the most vu h e;rrahpe nien`alaerss Of ewer c ornnauanity warrants as waiver. Our resources and c;apaaabilrhe"�s
are solely (1(,.,ducaated to assisting families who are facing acute Challenges, and we rely heavily on donations and grants 'to
sustaun our programs. Mandating inc:lras�onary housing obligations would palace Garr randUe burden on our knarted
resources arid irr pecle our ability to provide the vital support servicf,,as that have become synonyrracra.us aweigh Wesley flouse
Faarmly Seu'vices..
Over the years, we have haahpaaed thousands of disadvantaged families, ensa.rrin ' they receive they support they need to
break tka€-., cyculeM of poverty arid create. as stable future for their children, DUr comprehensive programs enconapaass
dependency ease nV nag('?t.nent, prevention serWr€"es, adoptions, parenting classes for at:-risk families as well as our Gold
Seal accre€ii,te d lnea Martin daavcare, By grantirlf:, Us a waiver-frorn the Vncllua'rsionary 11ou.asing retfiuireuaaent, you would be
directly su,mpp orting our efforts to lift faarniliewws rauat of crisis and pave the way for a brighter fuatuur('.'� in Monroe r"caranty.
n behalf ofWesley House Family Serv'lces and the fanailhess'we .serve, II would like to express our sincerest gratitude fc',)r
e:caras idc riraff,eaurr regUest. We fi'rafly believe that with your srapap 00, we can continue making a profound difference in the
kvress of our c:crnaMUrait`y's most vulnerable rr'aerr'ahears". 911crt.ald you have any cpne>st.ieans or regr.,rhree feather inf rrnation,
please do not hesitate to contact me at 305.809.50'00 or via email at AlewidYa..lacrahcafcaw e.sleyhr:aause.crrpx.
1"l'aank you 'for your tirne, attention, and c r-nmitrrae=nt to heal inn uas deliver uaauuc:h needed services to the farnilies, arid
children in IW orar'cae CcILrnty,
Al6daa Jaacobo ....Chief E>AK(, ive Officer
F iiivafr d iMn pt r by Cin�F� my Co e repo vwoi k,I ie ly I h Hlyr F,ron th(?^;.. Nov u9:a,,wd I Jniit ,rf vfowgr , of F—,�r i
4;V,,(Id[ted by Chra C urrr.::0 on n,a1.p.°ai,y,iiwin -C,0A
F11"'11 orl,¢ clor7,1vmloIn of Agy ii�tslrm(,, w taeer°ettr r;.,¢ lra. Rego^uj mjon fre'.H 146
f"171mintRn1y nar,^ ("1uiity v� g+ tktyi „ig rnra7mp ,!,,nmvnIgrall(}el
y r4ra¢Fa,n r n r,o at��a,rrnqr "e.)f(i I r nnno ofrt EIN ',,9.(10440
4083
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: Devin Tolpin, AICP, CFM,Principal Planner
Date: August 28, 2023
Subject: A Request to Waive the Inclusionary Housing Requirement for Redevelopment of an
Existing Institutional Use with an Expansion, Located at 5 Homestead Avenue, Mile
Marker 99, Key Largo, Monroe County, Florida, Having Parcel Identification Number
00453410-000000 (File 9 2023-190).
Meeting: September 20,2023
1
2 I REQUEST
3 The applicant, Wesley House Family Services, Inc., is proposing to redevelop an existing building
4 with an addition, for an institutional use. The applicant is requesting a waiver of the nonresidential
5 inclusionary housing requirement in accordance with Land Development Code (LDC) Section 139-
E 1(f)(3)b.in order to construct a 4,171 square foot addition.
7
8 LDC Section 139-(f)(3)b.
9 Redevelopment with an Expansion. Each redevelopment project not exempted by subsection (4), shall
10 mitigate 50% of the workforce housing demand created by the proposed redevelopment by one or a
11 combination of the methods identified in subsection (5). The workforce housing required for
12 nonresidential development when an existing use is expanded shall be calculated based on the
13 incremental increase is size of the existing use (net additional square footage).
14
Total Need Created b 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)
Institutional 0.000337 $36.28 4,171 SF I $75,661.94
(rounded up from
0.70 per LDC)
15
16 The analysis described throughout this report is based on the plans submitted through Monroe County
17 Building Permit 9 C-ADDN-2023-0004.
18
19
20
21
22
23
24
BOCC Staff Report
File 4 2023-190 Inclusionary Housing Waiver Request to BOCC Page 1 of 8 4084
1 II BACKGROUND INFORMATION:
2 Location: Key Largo near U.S. 1 Mile Marker 99
3 Address: 5 Homestead Avenue
4 Legal Description: Full legal description in application file
5 Parcel Identification Number: 00453410-000000
6 Property Owner: Wesley House Family Services, Inc.
7 Agent: Belle Construction Services, Inc.
8 Size of Site: 59,106 upland square feet(per survey dated 12/9/2021 by Brent Joseph Thurkettle)
9 Land Use District: Urban Commercial(UC) and Suburban Commercial(SC)
10 Future Land Use Map (FLUM) Designation: Mixed Use/Commercial(MC)
11 Tier Designation: III(Infill Area)
12 Flood Zone: X
13 Existing Uses: Institutional
14 Existing Vegetation/Habitat: Impervious surface, developed land,hammock
15 Community Character of Immediate Vicinity: Commercial retail, institutional, office, residential,
16 park
17
I
0
H
U�
rr
18
19 Subject Property(outlined in blue) (2023 Aerial)
20
BOCC Staff Report
File 4 2023-190 Inclusionary Housing Waiver Request to BOCC Page 2 of 8 4085
I III RELEVANT PRIOR COUNTY ACTIONS:
2
3 On February 17, 2021, the BOCC passed and adopted Ordinance No. 001-2021, which established the
4 nonresidential inclusionary housing requirement through County Land Development Code (LDC) Section
5 139-1(f) [presented and described in greater detail in subsection IV].
6
7 IV REVIEW OF APPLICATION:
8
9 The applicant is proposing to construct a 4,171 square foot addition to an existing structure to be used
10 and operated by Wesley House Family Services, Inc., an institutional use. Some snapshots of the
11 proposed development plan are pictured below.
12
orml�'..WAKA ..-........-.....-
pul�]LIG fi11G1 X f Y
�IKC NE vy re....a .... .... ..... _..,
r
J/ f ,may
h A
� +b
V u
// � d i� y.+ nMa'M1Ypm 0
b
011
"f/Q'
J l
w
r
I I 1'J ,III I
I I II
13 ` .. Si CHONSMEEf
14
15
16 In accordance with LDC Section 139-1(f)(3)b., the expansion of 4,171 square feet of an institutional
17 use/structure generates the need for 1.40 affordable dwelling units based upon the 'Affordable Workforce
18 Housing Support Study for Non-Residential Development,' prepared by Clarion Associates, LLC,
19 prepared in June 2017.
20
21 Each redevelopment project not exempted by subsection (4), shall mitigate 50% of the workforce
22 housing demand created by the proposed redevelopment by one or a combination of the methods
23 identified in subsection (5). The applicant's mitigation requirement, should the applicant choose to
24 comply by the construction of affordable dwelling units (either on or off site)would be one (1) affordable
25 dwelling unit(rounded up from 0.70) or payment of the in-lieu fee equivalent,which is $75,661.94.
26
27 All nonresidential uses not exempted shall mitigate the demand for workforce housing created by the
28 proposed development or redevelopment by one or a combination of the methods identified below:
29
BOCC Staff Report
File 4 2023-190 Inclusionary Housing Waiver Request to BOCC Page 3 of 8 4086
1 1. The construction of workforce housing dwelling units on the site of the development project. The
2 workforce housing dwelling units shall meet the County's affordable housing restrictions as
3 specified in Section 139-1(b) and(c), for aperiod not less than 99 years;
4 2. The construction of workforce housing dwelling units off-site of the development project but
5 within a 15 mile radius of the nonresidential development/ redevelopment. The workforce
6 housing dwelling units shall meet the County's affordable housing restrictions as specified in
7 Section 139-1(b) and(c), for aperiod not less than 99 years;
8 3. The deed-restriction of existing dwelling units within a 15 mile radius of the nonresidential
9 development/redevelopment. The workforce housing dwelling units meet the County's affordable
10 housing restrictions as specified in Section 139-1(b) and(c), for a period not less than 99 years;
11 4. The donation of land to the County, upon the acceptance of the BOCC of a proposed parcel or
12 parcels, may satisfy the requirements of this subsection by donating one (1) IS or URM zoned
13 platted lot for each workforce housing unit required but not provided through actual construction
14 or in-lieu fees (or a Tier III parcel or parcels of land zoned other than IS or URM as long as the
15 donated parcel(s) have the appropriate density available to support the development of the
16 required number of workforce units); and/or
17 5. The payment of a fee in-lieu for the inclusionary housing requirement for all or a percentage of
18 the workforce housing units required. The in-lieu fee shall be paid prior to issuance of a building
19 permit for the nonresidential development or redevelopment. All in-lieu fees shall be deposited
20 into the affordable housing trust fund and spent solely for the purposes allowed for that fund.
21
22 LDC Section 139-1(f)
23 (1)Purpose. Consistent with Goal 601 of the Comprehensive Plan, the purpose of this subsection (f) is to
24 ensure that the need for affordable housing is not exacerbated by nonresidential and transient
25 development, as follows:
26 a. Promote the health, safety and general welfare of the citizens of the County through the
27 implementation of the goals, objectives and policies of the 2030 Monroe County Comprehensive
28 Plan; and
29 b. To ensure that affordable housing opportunities are available throughout the entire community
30 and to maintain a balanced and sustainable local economy and the provision of essential services;
31 and
32 c. To increase the supply of housing affordable to targeted income groups within the community;
33 and
34 d. To provide a range of housing opportunities for those who work in Monroe County but may be
35 unable to pay market rents or market housing prices in the community; and
36 e. To increase the percentage of the workforce living locally and to provide housing opportunities
37 for lower income groups in order to meet the existing and anticipated housing needs of such
38 persons and to maintain a socio-economic mix in the community; and
39 f. To address the affordable workforce housing needs generated by the construction and expansion
40 of nonresidential/transient development, and the employment that occurs at the
41 nonresidential/transient development after the construction or expansion is completed; and
42 g. To ensure that affordable workforce housing is provided to the local workforce by the employee
43 generating development proportionate with the demand for affordable workforce housing the
44 development creates; and
45 h. To address market demands that show that the workforce in the County continues to require
46 moderately priced housing units, particularly those whose earnings range from 50 percent up to
47 120 percent of the County's median income (the target income groups); and
48 i. To stimulate the private sector production of affordable workforce housing and encourage the
49 widespread distribution of affordable workforce housing opportunities throughout all portions of
50 the community,including within new and expanding developments.
51
52 (2) Intent. Nonresidential and transient use development or redevelopment generates a direct impact on
53 housing for the workforce. The intent of this section is to ensure that there is an affordable supply of
BOCC Staff Report
File 4 2023-190 Inclusionary Housing Waiver Request to BOCC Page 4 of 8 4087
I housing for the local workforce. This will be accomplished by requiring workforce housing be provided
2 for all new development and redevelopment in an amount proportionate to the need for affordable
3 workforce housing that the nonresidential and transient use development or redevelopment creates. The
4 intent of this subsection is to permit nonresidential and transient use owners to continue to establish uses
5 consistent with the current building and safety standards and to ensure that as development and
6 redevelopment occurs, comprehensive plan policies regarding affordable housing are implemented. The
7 technical support and analysis upon which the nonresidential inclusionary housing requirements are
8 established are based upon the 'Affordable Workforce Housing Support Study for Non-Residential
9 Development,'prepared by Clarion Associates, LLC,prepared in June 2017.
10
11
12 LDC Section 139-1(f)(4)b:
13
14 The BOCC may reduce, adiust, or waive the requirements set forth in this subsection (f), based on
15 specific findings of fact,where the BOCC concludes,with respect to any applicant,that:
16
17 1. Strict application of the requirements would produce a result inconsistent with the
18 Comprehensive Plan or the purpose and intent of this subsection;
19 2. Due to the nature of the proposed nonresidential development, the development furthers
20 Comprehensive Plan policies and the purpose and intent of this subsection through means other
21 than strict compliance with the requirements set forth herein;
22 3. The applicant demonstrates an absence of any reasonable relationship between the impact of the
23 proposed nonresidential development and requirements of this subsection(f);
24 4. The strict application with the requirements set forth herein would improperly deprive or deny the
25 applicant of constitutional or statutory rights; or
26 5. In the event of a declared State of Local Emergency, the BOCC adopts a resolution recognizing
27 that the strict application of the nonresidential inclusionary requirements would not enhance nor
28 protect the health, safety and welfare of the community.
29
30 Any applicant who believes that he/she may be eligible for relief from the strict application of this
31 section may petition the BOCC for relief under this subsection (f)(4). Any petitioner for relief
32 hereunder shall provide evidentiary and legal justification for any reduction, adjustment or waiver
33 of any requirements under this section. The petitioner shall use generally accepted principles and
34 methods and verifiable local information and data, and other appropriate materials to support the
35 requested relief.
36
37 Per the applicant:
38
39
BOCC Staff Report
File 4 2023-190 Inclusionary Housing Waiver Request to BOCC Page 5 of 8 4088
|
2
3 See relevant Goals, Objectives, and Policies from the Comprehensive Plan below:
4
5 Objective 101A Monroe County mhu| rcuob{c nonrcmkicndd dcvc|opo/cn{ to maintain u bdunoc of
6 land uses{o serve the needs ofthe future population ofMonroe County.
8 KJooU 601: Monroe County mhuU adopt programs and policies to facilitate uoocmm by residents to
9 adequate and affordable housing that is safe, decent, and structurally sound, and that meets the needs of
10 the population based on type, tenure characteristics,unit size and individual preferences.
||
12 Policy 601,1,9: Monroe County mhuU maintain land development rcgo|udonm which may include
13 density bonuses, ioopuo{ fee waiver programs, and other possible rcgo|udonm to encourage uffoniub|c
14 housing.
|5
16 Policy 601,1,13: Monroe County mhd| maintain land development regulations on ino|omionuryhooming
17 and shall evaluate expanding the ino|omionmy housing requirements {oino|udcoruddnmmnonrmidcndu|
18 and transient development and redevelopment based on specific data and analysis.
|9
20 Objective 601,2: Monroe County mhuU adopt programs and policies to encourage housing of various
21 types, sizes and priceranges{o meet the demands of current and future residents
22
23 Objective 601,3: Monroe County mhuU continue io/p|coocn{udon efforts to c|iooinu{c substandard
24 housing and to preserve, conserve and enhance the existing housing stock, including historic structures
25 and sites.
26
80CC Staff Report
File#2023'|9Obckuaionury Housing Waiver Request to80CC Page 6oI8 4089
I Policy 601.1.13: Monroe County shall maintain land development regulations on inclusionary housing
2 and shall evaluate expanding the inclusionary housing requirements to include or address nonresidential
3 and transient development and redevelopment based on specific data and analysis.
4
5 Data and Analysis Supporting Ordinance 001-2021:
6 On February 17, 2021, the BOCC adopted Ordinance 001-2021, creating the nonresidential
7 inclusionary housing requirements in LDC Section 139-1. Prior to adoption, to develop inclusionary
8 housing requirements for the nonresidential sector to build workforce housing, the County contracted
9 with Clarion Associates and RRC Associates to complete the data and analysis necessary to establish
10 the workforce need generation and a rational nexus of need generation and affordable mitigation needs.
11 This data was completed and presented on November 14, 2017, to the BOCC (2016 Monroe County
12 Employer Survey Results by RRC Associates and 2017 Affordable Workforce Housing Support Study
13 for Non-residential Development by Clarion Associates).
14
15 From the report's executive summary(page 5):
. Il al..G i`'�� k�.rf� I I r.�p (� ,I.Lr.. l m.xl �.yr°r.l.. Il rr..a4. ., , ,,.off I.A I.D L.� '-I(`YI;I 9 ..,foal. I f,/IA,
1` e t f ro r c 1„ �i Ir P ✓ � �
d f: °roL d'`
Tyre need to pr owide affor dable workforce hocrsing is created Iby dewelloprent that demands
labor (erployees). Because non-residential developnaent creates a deran,d for labor
(ernph)yees), the need! for affordahle workforce housing it creates is ceterrnined vn this
Study. Non-residential develop nient includes goverinn)entaal, incicustrlal, ir7stiitutional, office,
retain & restaurant, tocrrisC/recreatiion, hotela^'rmtel, and other development. Nora
residential developrent creates a need for labor (the workforce) in two ways: (1)
enrlployeeS Who raonr,tl UCt the building,(ws), anti (2)ernployees who work at the bU didi ag after
construction (post construction erployees). Construction eirployees construct the non-
residential buildings. Alil different types of employees work at the buildings after they are
corplete,depending on the type of bmu ines;s.
The analysis shows that wages ancl salaairies earned by a significant portOn of Monroe
Couinty`s vworlkforce that constructs the biAlIdin s or works mn the businesses and related
empties that rake up,non-iresrdential developrent are pnsraffucient to allow theses eripaloyees
to obtain rarket housliing at a price they can reasonably afford. after deterrnining the
ntrrber and type of erplloyees that serve non-residentiall developraaent (construction and
post-con strrtion), and how many of these erployees cannot reasonably afford Ihorrsing in
Monroe g'wor.rinty, the Study then identifl6es the apuarutity of workforce hor,rsing need created
by non-residential clevelopincwnt.
Based on thils ainaliyshs, T'abIle l-2: Sunairary of Affordable Workforce hiouSing Needs and
Asspstance Created By pion-Residential Deweloprtaent, or.rtlines the workforce hoursing, need
generated by different types of non-residential developrent, both h-i ternisw of the need for
workforce housing units (or a fuaction thereof), and for rnonetary workforce housing
16 assistance(in lieu fees)-
17
18 The above analysis was done for individual types of nonresidential uses,including institutional uses, the
19 outcome of which was used to establish the inclusionary housing requirements adopted by the BOCC in
20 Ordinance 001-2021. Based on the data in the report, institutional uses do create a need for affordable
21 workforce housing.
22
23
24
25
26
27
28
29
BOCC Staff Report
File 4 2023-190 Inclusionary Housing Waiver Request to BOCC Page 7 of 8 4090
I V RECOMMENDATION:
2
3 The data and analysis used to create the nonresidential inclusionary housing requirements in Ordinance
4 001-2021 indicates a need for affordable and workforce housing created by institutional uses beyond what
5 the applicant is currently providing.
6
7 Staff recommends denial of the applicant's request to waive the nonresidential inclusionary housing
8 requirement for the addition of 4,171 square feet to serve an intuitional use pursuant to Section 139-
9 1(f)(4)b.
10
BOCC Staff Report
File 4 2023-190 Inclusionary Housing Waiver Request to BOCC Page 8 of 8 4091
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 THE REQUEST TO WAIVE THE NON-
12 RESIDENTIAL INCLUSIONARY HOUSING REQUIREMENT FOR
13 REDEVELOPMENT WITH AN EXPANSION LOCATED AT 5 HOMESTEAD
14 AVENUE, KEY LARGO, MILE MARKER 99, HAVING PARCEL
15 IDENTIFICATION NUMBER 00453410-000000.
16
17
18 WHEREAS, on August 22, 2023, the Planning and Environmental Resources Department
19 received an application from Belle Construction Services, LLC, on behalf of Wesley House Family
20 Services, Inc. (the "Applicant,") to waive the inclusionary housing requirement for the construction of a
21 4,171 square foot addition(an institutional use) located at 5 Homestead Avenue,Mile Marker 99,Key Largo
22 (the "Property"); and
23
24 WHEREAS,the subject property contains an existing institutional use that is to be redeveloped
25 with a 4,171 square foot addition; and
26
27 WHEREAS,pursuant to LDC Section 139-1(f)(3)b. Each redevelopment project not exempted
28 by subsection (4), shall mitigate 50% of the workforce housing demand created by the proposed
29 redevelopment by one or a combination of the methods identified in subsection (5). The workforce
30 housing required for nonresidential development when an existing use is expanded shall be calculated
31 based on the incremental increase is size of the existing use (net additional square footage); and
32
33 WHEREAS, in accordance with LDC Section 139-1(f)(5)a, redevelopment with a 4,171 square
34 foot addition for an institutional use generates the need for 1.40 affordable dwelling units with an in-lieu
35 fee equivalent of$151,323.88, based upon the 'Affordable Workforce Housing Support Study for Non-
36 Residential Development,' prepared by Clarion Associates, LLC in June 2017; and
37
38 WHEREAS,the Applicant's mitigation requirement, should the Applicant choose to comply by
39 the construction of affordable dwelling units (either on or off site)would be one (1) affordable dwelling
40 unit(rounded up from 0.70) or payment of the in-lieu fee equivalent, which is $75,661.94; 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 this subsection (f)(4). Any petitioner
44 for relief hereunder shall provide evidentiary and legal justification for any reduction, adjustment or
45 waiver of any requirements under this section. The petitioner shall use generally accepted principles and
46 methods and verifiable local information and requested relief, and
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I WHEREAS, The BOCC may reduce, adjust, or waive the requirements set forth in this
2 subsection (f), based on specific findings of fact, where the BOCC concludes, with respect to any
3 applicant, that:
4
5 1. Strict application of the requirements would produce a result inconsistent with the
6 Comprehensive Plan or the purpose and intent of this subsection;
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 September 20, 2023, the Monroe County
19 Board of County Commissioners ("BOCC" "Monroe County", or the "County") held a duly noticed
20 public 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 ;
27
28 2. That the inclusionary housing requirement for the addition of 4,171 square feet to an existing
29 institutional structure shall been reduced from 50% of the workforce housing demand created to
30 % of the workforce housing demand created.
31
32 3. That the in-lieu fee equivalent to meet the Applicant's mitigation shall be $
33
34 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
35 OF MONROE COUNTY, FLORIDA
36
37 Section 1. Recitals and Intent. The foregoing findings of fact and conclusions of law are true and
38 correct and are hereby incorporated as if fully set forth herein.
39
40 Section 2. Non-Reliance by Third-Parties. No person, business entity, or non-profit organization
41 may cite or rely upon this Resolution to enforce or attempt to enforce any third-party
42 theories of relief, claims, entitlements, or benefits.
43
44 Section 3. The Police Power Does Not Constitute a Lawful Basis Upon Which the Board May
45 Afford an Applicant and/or a Property Owner Non-Legislative Relief from the Monroe
46 County Land Development Code or Monroe County Comprehensive Plan. The Monroe
47 County Board of County Commissioners holds that, as a matter of law, the police power
48 constitutes a source of authority for the BOCC, as the local legislature. of unincorporated
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I Monroe County, to legislatively enact local laws and regulations, but where the Monroe
2 County Board of County Commissioners has legislatively set out specific criteria in the
3 Land Development Code or Comprehensive Plan, the BOCC is required to apply only
4 those specific criteria that it had put the public on notice of through its enactment of those
5 ordinances.
6
7 Section 4. The Developer's request to be excepted from the Monroe County Land Development
8 Code's requirement to provide inclusionary affordable-employee housing in Monroe
9 County is hereby granted.
10
11 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,Florida,
12 at a regular meeting held on the 20th day of September, 2023.
13
14 Mayor Craig Cates
15 Mayor Pro Tem Holly Merrill Raschein
16 Commissioner Michelle Lincoln
17 Commissioner James Scholl
18 Commissioner David Rice
19
20 BOARD OF COUNTY COMMISSIONERS
21 OF MONROE COUNTY, FLORIDA
22
23 By:
24 MAYOR CRAIG CATES
25
26
27
28 (SEAL)
29 ATTEST: KEVIN MADOK, CLERK
30
31
32 By:
33 AS DEPUTY CLERK
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