Resolution 229-2023 Wn
{r t`
1(
2
3
4
5 MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
RESOLUTION NO. 229 -2023
10 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
11 COMMISSIONERS ("BOARD") GRANTING APPROVAL OF THE REQUEST
12 OF 24437 SUMMERLAND KEY, LLC, TO WAIVE THE INCLUSIONARY
13 HOUSING REQUIREMENT FOR THE CHANGE OF USE OF 600 SQUARE FEET
14 OF FLOOR AREA FROM RESTAURANT/COMMERCIAL RETAIL USE TO
15 OFFICE USE, LOCATED AT 24437 OVERSEAS HIGHWAY,' SUGARLOAF
16 KEY, MONROE COUNTY, FLORIDA, CURRENTLY HAVING PROPERTY
I� IDENTIFICATION NUMBER 00194390-000000.
19
20 WHEREAS, on April 28, 2023, the Monroe County Planning and Environmental Resources
21 Department received an application from 24437 Summerland Key, LLC, to waive the nonresidential
22 inclusionary housing requirement for the change of use of 600 square feet of floor area from
23 restaurant/commercial retail use to office use; and
24
25 WHEREAS, on May 22, 2023, the application was revised to indicate Sandra Tuttle as the
26 current owner(the "Applicant"); and
27
28 WHEREAS, the property is located at 24437 Overseas Highway, Mile Marker 24.5, Sugarloaf
29 Key, Monroe County, Florida, currently having Property Identification Number 00194390-000000 (the
30 "property"); and
31
32 WHEREAS, pursuant to Land Development Code ("LDC") Section 139-1(f)(3)(c.), each
33 redevelopment project with a change of use increasing housing demand, not exempted by subsection
34 139-1(f)(4), shall mitigate fifty percent(50%) of the workforce housing demand created by the proposed
35 redevelopment by one or a combination of the methods identified in subsection 139-1(f)(5); and
36
37 WHEREAS, in accordance with LDC Section 139-1(f)(5)(a), fifty percent (50%) of the
38 workforce housing demand created by this redevelopment changing the use of six hundred (600) square
39 feet of restaurant/commercial retail use to office use is 0.0864 affordable dwelling units (provision of
40 one unit) with an in-lieu fee equivalent of$3,531.00 based upon the Affordable Workforce Housing
41 Support Study for Non-Residential Development prepared by Clarion Associates, LLC, for the
42 Monroe County Board of County Commissioners ("Monroe County BOCC"); and
43
44 WHEREAS,Monroe County Land Development Code Section 139-1(f)(4)(b.)(3.)provides that
45 the requirements of said subsection (f) may be reduced, adjusted, or waived if the Board is of the view
46 that it is demonstrated that there is an absence of any reasonable relationship between the impact of the
47 proposed non-residential development and requirements of this subsection (f); and
48
i Approximate mile marker 24.5.
1 of 2
I WHEREAS, at a regularly scheduled meeting held on June 21, 2023, the Board took the view
2 that the particularized facts presented by this application were such that the a ft')resaid fee waiver request
3 is be granted under above-rel'crenced Section 139-1(f)(4)(b)(3);
4
5 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
6 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
7
8 Section 1. The foregoing title and recitals of this Resolution are hereby incorporated as if fully set
9 forth herein and the request tor the aforesaid flee to be waived is hereby granted pursuant
10 to I.,DC Section 139-1(f)(4)(b)(3).
11
12 Section 2. Non-Reliance / Non-Reliance by Third-Parties. No natural person or legal person,
13 including but not limited to any business entity or non-profit organization, may cite or
14 rely upon this Resolution to enforce or attempt to enforce any theories of precedent or
15 third-party theories of"reliel, claims, entitlements, or benefits.
16
17 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
18 at a regular meeting field on the 21 day of'june 202.3.
19
20 Mayor Pro Tern 1-folly Merrill Raschein YF'S
21 Commissioner Michelle Lincoln YES
22 Commissioner James K. Scholl Y F S
23 Mayor Craig Cates ABSE,NT
24 Commissioner David Rice ABSENT
25
26 BOARD OF COUNTY COMM]S SION ERS
27 OF MONROE COUNTY, FI.ORIDA
28
ic BylgrW
31 MAYOR PRO IT"M HOt-LY MERRIU., RASCHEIN
3,
ix
3
OONAOC COUNTY ATTOHNE"Y
37 TT T`,1."-X,WIN MADOK, CLERK
38
39
40 7
41 By-
42 ASUIYCLFRK
43
2 of2