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HomeMy WebLinkAboutItem Q06 Q6 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor James K.Scholl,District 3 The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2 Craig Cates,District 1 David Rice,District 4 Holly Merrill Raschein,District 5 Board of County Commissioners Meeting February 19, 2025 Agenda Item Number: Q6 2023-3583 BULK ITEM: No DEPARTMENT: Planning & Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Emily Schemper AGENDA ITEM WORDING: A Public Hearing to Review a Request by Del Sol Point, L.L.C., for a Resolution Approving a Waiver of the Nonresidential Inclusionary Workforce Housing Requirement Applicable to Redevelopment, With a 5,977 Square Foot Expansion of Outdoor Retail Sales Area, on Property Located at 106309, 106319, 106329, and 106339 Overseas Highway, Mile Marker 106, Key Largo, Monroe County, Florida, Having Parcel ID Numbers 00538440-000000, 00538450-000000, 00538460-000000, and 00538470-000000. The Total Required In-Lieu Fee for the Project Per LDC Section 139-1(f) is $163,131.15. ITEM BACKGROUND: Del Sol Point, LLC, is proposing to redevelop an existing office building as a commercial retail use with an expansion of area of use. 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. The redevelopment involves the change of use of a 493 square foot building permitted as an office use to commercial retail and the new establishment of an outdoor retail sales area of 5,977 square feet. In accordance with LDC Section 139-1(f)(3)c., the Applicant's responsibility for mitigating the need created by this nonresidential development is either the construction of one (1) affordable dwelling unit or an in lieu fee of$163,131.15. LDC Section 139-( (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). 4513 The analysis described throughout this report is based on the plans submitted through Monroe County Building Permit C-RMDL-2024-0267. BACKGROUND INFORMATION: Location: Key Largo near U.S. 1 Mile Marker 106 Address: 106309, 106319, 106329, and 106339 Overseas Highway Legal Description: Full legal description in application file Parcel Identification Numbers: 00538440-000000, 00538450-000000, 00538460-000000, and 00538470-000000 Property Owner: Del Sol Point, LLC Agent: Island Construction Management, Inc. Size of Site: 0.6 acres (26,410 SF) Land Use District: Commercial 1 (C1) Future Land Use Map (FLUM) Designation: Commercial (COMM) Tier Designation: III (Infill Area) Flood Zone: X Existing Use: Office and Vacant(permit issued for redevelopment;pending inclusionary) Existing Vegetation/Habitat: Undeveloped Land Community Character of Immediate Vicinity: Residential, Vacant, Commercial Retail REVIEW OF APPLICATION: The Applicant is proposing to change the use of an existing 493 square foot structure to be used for boat sales with an outdoor retail sale area of 5,977 square feet. The approved site plan is also included as part of Attachment 1 to the Staff Report. In accordance with LDC Section 139-1(f)(3)c., the proposed redevelopment generates the need for 1.929 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 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 0.965) or payment of the in-lieu fee equivalent, which is $163,131.15. All nonresidential uses not exempted shall mitigate the demand for workforce housing created by the 4514 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 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 4515 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 (�, based on specific findings of fact, where the BOCC concludes, with respect to any applicant. that: 1. Strict application of the requirements would produce a result inconsistent with the 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): . g u�aaa p 1e code %:B.B��,Bd;ip�b%,B.�C,edd d�,edle_d��]�bB"rBell��; or construction of %,B. "New" business %,B.B1Id�, ;CB��,M,ftd y so... 111is "New" business wffl onB pd%ive one ftffl dine Si espersd:n on site to spiow flie pb.B.rkedl bd:b%B.ts, Ilie "B"BB%,B.in" business (SD %,rine) is p_od7diteda in psp_%B.B"nor"dBd'i %;Bt bolli flee oki SB"dBbdg&rs Cove Mirini d nd.l flee Sgll%,B.ke Cr eek Mirini �dbdd%B.tBdbBdsa 111e owner's pd%,Bale b1ldbt %;B:BdtBddBpbB.ted.l %,B.d:1dbtgdbgd%B.p st%,B.ppbB1lg %8.s flie st%;Bpp (IF'. S%,B.�e peq"sdbB1ne�) wffl clorne pB"d:rn flie q"BB%,tin pd:bdd%,B.tbd:nb 111is site is onB 'i SbiteMte pd:bdd%,B.tBd:n fl"Bit wffl d ispa,iy 'i s,irnpaing ofbdbb.Bts flicy Ili ive to offer b t flee antin pool tion. 4516 st'iff Iis op i led fllit flicy dire guided by Itie clode to clikllukite Itie eaifire dispLiy diredi where Itie boits dire sirrip�y pirked. 11iis pirki�ig/dispkiy irei clikllukites 5,530 s(,,l ft, wl�icll� 1�,is �ed to .�n tui'�usfifi,.8Ne imt o�ierous rriifigifio�i fee. We 1�,id previous�y sul:)rriitted to Itie I`Lui�iiaig Stiffi report fliit wis clertifiedby 'i professiod Ii Tniffic I_Aigi�ieer wl�icll� 1�V,is derrio istnited ltiit Itie proposed use (toes gIot geglenite sul:)st,.�nfi,.Bt tniffic'. To cl'ikllukite W�Iit is erfeclfive�y 'i pirki�ig �ot is floorirei iqi Itiis igist,.�ncle is sirrlp y aiot pogicliL A 425 s(,,I. fl, existiaig buiktiaig ed.�na iot geaienite didpdpifioai,.�t workforcle stiffiaig fliit wouki jusfify cll�,irgi�ig $184,480a80 pay rriifigifiod l fees..." 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 Employer Survey Results by RRC Associates and 2017 Affordable Workforce Housing Support Study for Non-residential Development by Clarion Associates). The proposed redevelopment involves the establishment of a new 5, 977 square foot outdoor retail sales area within Unincorporated Monroe County. Prior to July of 2024, this area was in a residential zoning district and did not permit new nonresidential uses. While it is apparent that there is little construction required for the establishment of the outdoor retail sale area, it should not be discounted that this is still the establishment of new nonresidential space being used [in Unincorporated Monroe County]. 4517 Additionally, it should be noted that the County does not regulate nor control ownership of a property and that the specific business model of the newly established uses could change and likely would not require BOCC approval. In fact, the Clarion Study specifically includes "auto sales and repair" and "parking lots" as employment generators that fall within the Retail& Restaurant Use category. With that being said, Staff did review the Clarion study to determine how the calculations were established and looked into subtracting the need for pre-construction employees from the nonresidential inclusionary housing mitigation requirements applied to the subject project. In removing the need created by construction employees, the total assistance needed for the cost of an affordable unit actually increased from $160,472 to $161,905. Applying this standard to the proposed project would increase the in lieu fee required to be mitigated. PREVIOUS RELEVANT BOCC ACTION: The structure that is currently in existence on Lot 17 of the Properties was constructed as an office. This structure was permitted on January 16, 1963. An application for development approval had not been issued to change the use of the structure prior to the subject redevelopment. On September 22, 2021, a Letter of Understanding was issued by the Senior Director of Planning and Environmental Resources concerning the proposed redevelopment of the Properties. Additionally, the LOU provided information related to the Land Use District (Zoning) Map Amendment and Future Land Use Map Amendment processes. 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) [presented and described in greater detail in subsection IV]. On April 17, 2024, the BOCC passed and adopted Ordinance No. 013-2024, amending LDC Section 139-1(f), to revise the list of exemptions and waivers from approved and adopted nonresidential inclusionary housing requirements. This ordinance now exempted up to the first 1,000 square feet of new development, redevelopment, remodeling, repair, change to a different use category, or cumulative expansion from the nonresidential inclusionary housing requirement. On July 17, 2024, the BOCC passed and adopted Ordinance Nos. 021-2024 and 022-2024, which amended the Future Land Use Map (FLUM) Designation of the subject property from Residential Medium (RM) to Commercial (COMM) and amended the Land Use District (LUD) from Improved Subdivision(IS) to Commercial 1 (C1). On January 7, 2025, Building Permit # C-RMDL-2024-0267 was issued for the redevelopment discussed throughout this application, a commercial retail use (boat sales) with an outdoor retail sales area, conditioned under a stipulated agreement that the Applicant shall satisfy the nonresidential inclusionary housing requirement within three months of December 20, 2024. INSURANCE REQUIRED: No 4518 CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: The data and analysis used to create the nonresidential inclusionary housing requirements in BOCC Ordinance No. 001-2021 indicates a need for affordable and workforce housing created by the proposed change of use of an existing office building to commercial retail (493 square feet) with a new 5,977 square foot outdoor retail sales area. Monroe County professional staff recommend that the Board of County Commissioners deny the applicant's request to waive the nonresidential inclusionary housing requirement of Section 139-1(f)(4) (b.). DOCUMENTATION: 2024-232 BOCC Resolution.docx 2024-232_Staff Report Attachment to Staff Report FINANCIAL IMPACT: N/A 4519 3 � t � 4 R 5 MONROE COUNTY, FLORIDA 6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 7 8 RESOLUTION NO. -2025 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 106309, 106319, 14 106329,AND 106339 OVERSEAS HIGHWAY,KEY LARGO,MILE MARKER 106, 15 HAVING PARCEL IDENTIFICATION NUMBERS 00538440-000000, 00538450- 16 000000, 00538460-000000,AND 00538470-000000. 17 18 19 WHEREAS, on January 16, 2025, the Planning and Environmental Resources Department 20 received an amended application from Island Construction Management,Inc.,on behalf of Del Sol Point, 21 LLC (the "Applicant,") to waive the inclusionary housing requirement for the change of use of a 493 22 square foot building permitted as an office use to commercial retail and the new establishment of an 23 outdoor retail sale area of 5,977 square feet located at 106309, 106319, 106329, and 106339 Overseas 24 Highway, Mile Marker 106, Key Largo (the "Property"); and 25 26 WHEREAS, the subject property contains an existing 493 building that was permitted as an 27 office use that is to be redeveloped as a commercial retail use with 5,977 square feet of outdoor retail 28 sale area; and 29 30 WHEREAS,pursuant to LDC Section 139-1(f)(3)c. each redevelopment project with a change 31 of use increasing housing demand, not exempted by subsection (4), shall mitigate 50% of the workforce 32 housing demand created by the proposed redevelopment by one or a combination of the methods 33 identified in subsection(5). The workforce housing required for nonresidential development when a new 34 use replaces an existing use and increasing housing demand (for example from an industrial use to an 35 office use) shall be calculated based on the square footage proposed for conversion and/or based on the 36 incremental increase in size of the new uses (if any); and 37 38 WHEREAS, in accordance with LDC Section 139-1(f)(5)a, the proposed redevelopment 39 generates the need for 1.929 affordable dwelling units with an in-lieu fee equivalent of $326,262.83, 40 based upon the 'Affordable Workforce Housing Support Study for Non-Residential Development,' 41 prepared by Clarion Associates, LLC in June 2017; and 42 43 WHEREAS,the Applicant's mitigation requirement, should the Applicant choose to comply by 44 the construction of affordable dwelling units (either on or off site)would be one (1) affordable dwelling 45 unit(rounded up from 0.965) or payment of the in-lieu fee equivalent, which is $163,131.15; and 46 47 WHEREAS, any applicant who believes that he/she may be eligible for relief from the strict 48 application of this section may petition the BOCC for relief under this subsection (f)(4). Any petitioner 1 of 3 4520 I for relief hereunder shall provide evidentiary and legal justification for any reduction, adjustment or 2 waiver of any requirements under this section. The petitioner shall use generally accepted principles and 3 methods and verifiable local information and requested relief, and 4 5 WHEREAS, The BOCC may reduce, adjust, or waive the requirements set forth in this 6 subsection (f), based on specific findings of fact, where the BOCC concludes, with respect to any 7 applicant, that: 8 9 1. Strict application of the requirements would produce a result inconsistent with the 10 Comprehensive Plan or the purpose and intent of this subsection; 11 2. Due to the nature of the proposed nonresidential development, the development furthers 12 Comprehensive Plan policies and the purpose and intent of this subsection through means other 13 than strict compliance with the requirements set forth herein; 14 3. The applicant demonstrates an absence of any reasonable relationship between the impact of the 15 proposed nonresidential development and requirements of this subsection (f); 16 4. The strict application with the requirements set forth herein would improperly deprive or deny 17 the applicant of constitutional or statutory rights; or 18 5. In the event of a declared State of Local Emergency, the BOCC adopts a resolution recognizing 19 that the strict application of the nonresidential inclusionary requirements would not enhance nor 20 protect the health, safety and welfare of the community 21 22 WHEREAS, at a regularly scheduled meeting held on February 19, 2025, the Monroe County 23 Board of County Commissioners ("BOCC" "Monroe County", or the "County") held a duly noticed 24 public hearing, considered the professional staff report, and the subject request; and 25 26 WHEREAS, based upon the documentation submitted and information provided, the BOCC 27 hereby makes the following findings of fact and conclusions of law: 28 29 1. Following fact-intensive analysis of the particular application in this specific matter, it is found 30 that strict application of the requirements would produce a result inconsistent with the 31 Comprehensive Plan or the purpose and intent of this subsection; 32 33 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS 34 OF MONROE COUNTY, FLORIDA 35 36 Section 1. Recitals and Intent. The foregoing findings of fact and conclusions of law are true and 37 correct and are hereby incorporated as if fully set forth herein. 38 39 Section 2. Non-Reliance by Third-Parties. No person, business entity, or non-profit organization 40 may cite or rely upon this Resolution to enforce or attempt to enforce any third-party 41 theories of relief, claims, entitlements, or benefits. 42 43 Section 3. The Police Power Does Not Constitute a Lawful Basis Upon Which the Board May 44 Afford an Applicant and/or a Property Owner Non-Legislative Relief from the Monroe 45 County Land Development Code or Monroe County Comprehensive Plan. The Monroe 46 County Board of County Commissioners holds that, as a matter of law, the police power 47 constitutes a source of authority for the BOCC, as the local legislature. of unincorporated 48 Monroe County, to legislatively enact local laws and regulations, but where the Monroe 2of3 4521 I County Board of County Commissioners has legislatively set out specific criteria in the 2 Land Development Code or Comprehensive Plan, the BOCC is required to apply only 3 those specific criteria that it had put the public on notice of through its enactment of those 4 ordinances. 5 6 Section 4. The Developer's request to be excepted from the Monroe County Land Development 7 Code's requirement to provide inclusionary affordable-employee housing in Monroe 8 County is hereby granted. 9 10 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,Florida, 11 at a regular meeting held on the 19th day of February, 2025. 12 13 Mayor Jim Scholl 14 Mayor Pro Tem Michelle Lincoln 15 Commissioner Craig Cates 16 Commissioner David Rice 17 Commissioner Holly Merrill Raschein 18 19 BOARD OF COUNTY COMMISSIONERS 20 OF MONROE COUNTY, FLORIDA 21 22 By: 23 MAYOR JIM SCHOLL 24 25 26 27 (SEAL) 28 ATTEST: KEVIN MADOK, CLERK 29 30 31 By: 32 AS DEPUTY CLERK 3 of 3 4522 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,Planning and Development Review Manager Date: January 21, 2025 Subject: A Request to Waive the Inclusionary Housing Requirement for Redevelopment with an Expansion, Located at 106309, 106319, 106329, and 106339 Overseas Highway, Mile Marker 106, Key Largo, Monroe County, Florida, Having Parcel Identification Numbers 00538440-000000, 00538450-000000, 00538460-000000, and 00538470-000000 (File 9 2024-232). Meeting: February 19,2025 1 2 I REQUEST 3 The applicant, Island Construction Management, Inc., on behalf of Del Sol Point, LLC, is proposing 4 to redevelop an existing building with an expansion of area used, for a commercial retail use. The 5 applicant is requesting a waiver of the nonresidential inclusionary housing requirement in accordance 6 with Land Development Code (LDC) Section 139-1(f)(4)b. The redevelopment involves the change 7 of use of a 493 square foot building permitted as an office use to commercial retail and the new 8 establishment of an outdoor retail sale area of 5,977 square feet. In accordance with LDC Section 9 139-1(f)(3)c., the Applicant's responsibility for mitigating the need created by this nonresidential 10 development is either the construction of one (1) affordable dwelling unit or an in lieu fee of 11 $163,131.15. 12 13 LDC Section 139-1(f)(3)c. 14 Redevelopment with a Change in Use Increasing Housing Demand. Each redevelopment project with 15 a change of use increasing housing demand, not exempted by subsection (4), shall mitigate 50% of 16 the workforce housing demand created by the proposed redevelopment by one or a combination of the 17 methods identified in subsection (5). The workforce housing required for nonresidential 18 development when a new use replaces an existing use and increasing housing demand (for 19 example from an industrial use to an office use) shall be calculated based on the square footage 20 proposed for conversion and/or based on the incremental increase in size of the new uses (if 21 any). 22 23 In accordance with LDC Section 139-1(1)(4)7., the new development, redevelopment, remodeling, 24 repair, change to a different use category or cumulative expansion of a nonresidential use that does 25 not establish or increase the area of the nonresidential use by more than 1,000 square feet of gross 26 floor area or area of use are exempt fi^om the nonresidential inclusionary housing requirement. 27 28 The first 1,000 square feet of the new outdoor retail sale area shall be exempt from the nonresidential 29 inclusionary housing requirement. Additionally, the Applicant is credited for the existing 493 square 30 feet of office space. The required nonresidential inclusionary housing mitigation required for the 31 proposed development was calculated in accordance with the following table: BOCC Staff Report File 4 2023-190 Inclusionary Housing Waiver Request to BOCC Page 1 of 10 4523 Total Need Created by Nonresidential Develo went Land Use Total Total In- Total Area to be #of Units In Lieu Fee Category Housing Lieu Fee Expanded Required Need per per SF SF Commercial 0.000416 $66.72 5,470 SF 2.276 $364,958.40 Retail (493 SF structure+5,977 SF sales area)-1,000 SF Office 1 0.000704 1 $78.49 1 -493 SF -0.347 -$38,695.57 TOTAL NEED 1.929 $326,262.83 50%of TOTAL NEED 0.965 $163,131.15 1 2 The analysis described throughout this report is based on the plans submitted through Monroe County 3 Building Permit C-RMDL-2024-0267. 4 5 II BACKGROUND INFORMATION: 6 Location: Key Largo near U.S. 1 Mile Marker 106 7 Address: 106309, 106319, 106329, and 106339 Overseas Highway 8 Legal Description: Full legal description in application file 9 Parcel Identification Numbers: 00538440-000000, 00538450-000000, 00538460-000000, and 10 00538470-000000 11 Property Owner: Del Sol Point, LLC 12 Agent: Island Construction Management, Inc. 13 Size of Site: 0.6 acres(26,410 SF) 14 Land Use District: Commercial 1 (C1) 15 Future Land Use Map (FLUM) Designation: Commercial (COMM) 16 Tier Designation: III(Infill Area) 17 Flood Zone: X 18 Existing Use: Office and Vacant 19 Existing Vegetation/Habitat: Undeveloped Land 20 Community Character of Immediate Vicinity: Residential, Vacant, Commercial Retail 21 22 23 Subject Property(outlined in blue) (2023 Aerial) BOCC Staff Report File 4 2024-232 Inclusionary Housing Waiver Request to BOCC Page 2 of 10 4524 I III RELEVANT PRIOR COUNTY ACTIONS: 2 3 The structure that is currently in existence on Lot 17 of the Properties was constructed as an office. This 4 structure was permitted on January 16, 1963. An application for development approval had not been 5 issued to change the use of the structure prior to the subject redevelopment. 6 7 On September 22, 2021, a Letter of Understanding was issued by the Senior Director of Planning and 8 Environmental Resources concerning the proposed redevelopment of the Properties. Additionally, the 9 LOU provided information related to the Land Use District(Zoning) Map Amendment and Future Land 10 Use Map Amendment processes. 11 12 On February 17, 2021, the BOCC passed and adopted Ordinance No. 001-2021, which established the 13 nonresidential inclusionary housing requirement through County Land Development Code (LDC) Section 14 139-1(f) [presented and described in greater detail in subsection IV]. 15 16 On April 17, 2024, the BOCC passed and adopted Ordinance No. 013-2024, amending LDC Section 139- 17 1(f), to revise the list of exemptions and waivers from approved and adopted nonresidential inclusionary 18 housing requirements. This ordinance now exempted up to the first 1,000 square feet of new 19 development, redevelopment, remodeling, repair, change to a different use category, or cumulative 20 expansion from the nonresidential inclusionary housing requirement. 21 22 On July 17, 2024, the BOCC passed and adopted Ordinance Nos. 021-2024 and 022-2024, which 23 amended the Future Land Use Map (FLUM) Designation of the subject property from Residential 24 Medium (RM) to Commercial (COMM) and amended the Land Use District (LUD) from Improved 25 Subdivision(IS)to Commercial 1 (C1). 26 27 On January 7, 2025, Building Permit 9 C-RMDL-2024-0267 was issued for the redevelopment discussed 28 throughout this application, a commercial retail use (boat sales) with an outdoor retail sales area, 29 conditioned under a stipulated agreement that the Applicant shall satisfy the nonresidential inclusionary 30 housing requirement within three months of December 20, 2024. 31 32 IV REVIEW OF APPLICATION: 33 34 The Applicant is proposing to change the use of an existing 493 square foot structure to be used for boat 35 sales with an outdoor retail sale area of 5,977 square feet. An image of the approved site plan is pictured 36 below. The approved site plan is also included as part of Attachment 1 to this Staff Report. 37 BOCC Staff Report File 4 2024-232 Inclusionary Housing Waiver Request to BOCC Page 3 of 10 4525 Printed unsidE 4} altheril M. V 6 7 17 k} # V r� a LTAQ,�-r _ __— ,. __ __ _. _ _.� 2 3 4 5 6 The proposed redevelopment involves the establishment of a new outdoor retail sales area. In accordance 7 with LDC Section 101-1: 8 9 Outdoor retail sales means a type of commercial retail use, as defined in this section, that involves 10 the display and sale of vehicles, recreational vehicles, boats, equipment, goods, and/or materials 11 outside of a building. 12 13 In accordance with LDC Section 139-1(f)(3)c., the proposed redevelopment generates the need for 1.929 14 affordable dwelling units based upon the 'Affordable Workforce Housing Support Study for Non- 15 Residential Development,'prepared by Clarion Associates, LLC,prepared in June 2017. 16 17 Each redevelopment project not exempted by subsection (4), shall mitigate 50% of the workforce 18 housing demand created by the proposed redevelopment by one or a combination of the methods 19 identified in subsection (5). The applicant's mitigation requirement, should the applicant choose to 20 comply by the construction of affordable dwelling units (either on or off site)would be one (1) affordable 21 dwelling unit(rounded up from 0.968) or payment of the in-lieu fee equivalent,which is $163,798.22. 22 23 All nonresidential uses not exempted shall mitigate the demand for workforce housing created by the 24 proposed development or redevelopment by one or a combination of the methods identified below: 25 26 1. The construction of workforce housing dwelling units on the site of the development project. The 27 workforce housing dwelling units shall meet the County's affordable housing restrictions as 28 specified in Section 139-1(b) and(c), for aperiod not less than 99 years; 29 2. The construction of workforce housing dwelling units off-site of the development project but 30 within a 15 mile radius of the nonresidential development/ redevelopment. The workforce 31 housing dwelling units shall meet the County's affordable housing restrictions as specified in 32 Section 139-1(b) and(c), for aperiod not less than 99 years; 33 3. The deed-restriction of existing dwelling units within a 15 mile radius of the nonresidential 34 development/redevelopment. The workforce housing dwelling units meet the County's affordable 35 housing restrictions as specified in Section 139-1(b) and(c), for a period not less than 99 years; BOCC Staff Report File 4 2024-232 Inclusionary Housing Waiver Request to BOCC Page 4 of 10 4526 1 4. The donation of land to the County, upon the acceptance of the BOCC of a proposed parcel or 2 parcels, may satisfy the requirements of this subsection by donating one (1) IS or URM zoned 3 platted lot for each workforce housing unit required but not provided through actual construction 4 or in-lieu fees (or a Tier III parcel or parcels of land zoned other than IS or URM as long as the 5 donated parcel(s) have the appropriate density available to support the development of the 6 required number of workforce units); and/or 7 5. The payment of a fee in-lieu for the inclusionary housing requirement for all or a percentage of 8 the workforce housing units required. The in-lieu fee shall be paid prior to issuance of a building 9 permit for the nonresidential development or redevelopment. All in-lieu fees shall be deposited 10 into the affordable housing trust fund and spent solely for the purposes allowed for that fund. 11 12 LDC Section 139-1(f) 13 (1)Purpose. Consistent with Goal 601 of the Comprehensive Plan, the purpose of this subsection(f) is to 14 ensure that the need for affordable housing is not exacerbated by nonresidential and transient 15 development, as follows: 16 a. Promote the health, safety and general welfare of the citizens of the County through the 17 implementation of the goals, objectives and policies of the 2030 Monroe County Comprehensive 18 Plan; and 19 b. To ensure that affordable housing opportunities are available throughout the entire community 20 and to maintain a balanced and sustainable local economy and the provision of essential services; 21 and 22 c. To increase the supply of housing affordable to targeted income groups within the community; 23 and 24 d. To provide a range of housing opportunities for those who work in Monroe County but may be 25 unable to pay market rents or market housing prices in the community; and 26 e. To increase the percentage of the workforce living locally and to provide housing opportunities 27 for lower income groups in order to meet the existing and anticipated housing needs of such 28 persons and to maintain a socio-economic mix in the community; and 29 f. To address the affordable workforce housing needs generated by the construction and expansion 30 of nonresidential/transient development, and the employment that occurs at the 31 nonresidential/transient development after the construction or expansion is completed; and 32 g. To ensure that affordable workforce housing is provided to the local workforce by the employee 33 generating development proportionate with the demand for affordable workforce housing the 34 development creates; and 35 h. To address market demands that show that the workforce in the County continues to require 36 moderately priced housing units, particularly those whose earnings range from 50 percent up to 37 120 percent of the County's median income (the target income groups); and 38 i. To stimulate the private sector production of affordable workforce housing and encourage the 39 widespread distribution of affordable workforce housing opportunities throughout all portions of 40 the community,including within new and expanding developments. 41 42 (2) Intent. Nonresidential and transient use development or redevelopment generates a direct impact on 43 housing for the workforce. The intent of this section is to ensure that there is an affordable supply of 44 housing for the local workforce. This will be accomplished by requiring workforce housing be provided 45 for all new development and redevelopment in an amount proportionate to the need for affordable 46 workforce housing that the nonresidential and transient use development or redevelopment creates. The 47 intent of this subsection is to permit nonresidential and transient use owners to continue to establish uses 48 consistent with the current building and safety standards and to ensure that as development and 49 redevelopment occurs, comprehensive plan policies regarding affordable housing are implemented. The 50 technical support and analysis upon which the nonresidential inclusionary housing requirements are 51 established are based upon the 'Affordable Workforce Housing Support Study for Non-Residential 52 Development,'prepared by Clarion Associates, LLC,prepared in June 2017. 53 BOCC Staff Report File 4 2024-232 Inclusionary Housing Waiver Request to BOCC Page 5 of 10 4527 1 (3) Applicability. Except as provided in subsection (4) of this section, the nonresidential inclusionary 2 housing requirements set forth below shall apply. This will be accomplished by requiring workforce 3 housing be provided for all new development and expansions in an amount proportionate to the 4 need for affordable workforce housing that the nonresidential and transient uses create. Expansion 5 as used in this section means extendine a use or structure to occupy a erecter amount of floor area 6 or square footage beyond that which it occupied. Determinations regarding the applicability of this 7 subsection shall be made by the Planning Director. The applicant shall provide the necessary information 8 to determine compliance with the nonresidential inclusionary housing requirements on the forms 9 prescribed by the Planning Director. For purposes of calculating the number of affordable workforce 10 housing units required by this subsection, density bonuses shall not be counted, and only fractional 11 requirements equal to or greater than 0.5 shall be rounded up to the nearest whole number. 12 13 LDC Section 139-1(f)(4)b: 14 15 The BOCC may reduce, adiust, or waive the requirements set forth in this subsection (f), based on 16 specific findines of fact,where the BOCC concludes,with respect to any applicant,that: 17 18 1. Strict application of the requirements would produce a result inconsistent with the 19 Comprehensive Plan or the purpose and intent of this subsection; 20 2. Due to the nature of the proposed nonresidential development, the development furthers 21 Comprehensive Plan policies and the purpose and intent of this subsection through means other 22 than strict compliance with the requirements set forth herein; 23 3. The applicant demonstrates an absence of any reasonable relationship between the impact of the 24 proposed nonresidential development and requirements of this subsection(f); 25 4. The strict application with the requirements set forth herein would improperly deprive or deny the 26 applicant of constitutional or statutory rights; or 27 5. In the event of a declared State of Local Emergency, the BOCC adopts a resolution recognizing 28 that the strict application of the nonresidential inclusionary requirements would not enhance nor 29 protect the health, safety and welfare of the community. 30 31 Any applicant who believes that he/she may be eligible for relief from the strict application of this 32 section may petition the BOCC for relief under this subsection (f)(4). Any petitioner for relief 33 hereunder shall provide evidentiary and legal justification for any reduction, adjustment or waiver 34 of any requirements under this section. The petitioner shall use generally accepted principles and 35 methods and verifiable local information and data, and other appropriate materials to support the 36 requested relief. 37 38 Per the Applicant: 39 BOCC Staff Report File 4 2024-232 Inclusionary Housing Waiver Request to BOCC Page 6 of 10 4528 Please consider the followwing commentary as a reasonable and acceptable justification for an exemption or waiver from the INan-IResid.eri Taal inclusionaryfees; Property Owner is DO Sol Pepnt LLC Property Address is'1o6309 Overseas IHighway Keay Largo,FL Proposed Business is,Sid'Marine The code anticipates deveiopment or construction of a"New"business and rightfully so, e In this instance they proposed business wlIll be housed in an existing buildln,g that wasonce used as aWelcorne Center for tourists,a plant nursery and a swocesstul Dive Shop owned by Spencer date. According to the Monroe County Property,Appraisers records,the existing buildingw+was originally construCted drl t 962,. The building has a dross floor,area of 602 sq ft and an interior"finished"floor area of 425 sq ft.,also documented by the Monroe CouJri;ty Property Appraisers records. The owners of SD Marine have leased this property to show a sampling of the,boats they(have to offer for sale. There will,Ibe no rigging or b6at repairs on this site as it is a location to show boats only, 9 This"Now"business will only(have one fuali time salesperson on site;to show the parked boats.The "main"b-usiness(SID Marine) is located irk;IIslamorada at:both the old Smugglers Cove Marina and the Snake Creek Marinas locations. The owiwners have not anticipated additional staffing as the staff (Ill sales personinet)willcoime from the main location;. This,site is only a satellite location that will display a.sampling of the boats they havegto gaffer at the main itocation. Staff f-las opined that they are guided by the code to calculate the entire display area where the boats are$imlplyw parked--This parkng/d"us lay area calculates at 553,0 sq ft,which has led to an unjustifiable and onerous;mitigation fine. yd"wle had previously submitted to the PLannin.g Staff a report that was certified by a professional Traffic'Engineer which has demonstrated that the proposed use does not generate substantial traffic.To calculate what is effectively parlkiing tot as floor area in this instance is simply not logical. A 42a= .ft.existllra m�ftli.� U:,rig,cannot generate additional workforce staffing that would justify charging$t 34,4Sfi.80 in mitigation fees, uVe respectfully request an Exemption and Waiver of these fees. 1 2 3 See relevant Goals, Objectives, and Policies from the Comprehensive Plan below: 4 5 Objective 101A Monroe County shall regulate nonresidential development to maintain a balance of 6 land uses to serve the needs of the future population of Monroe County. 7 8 Goal 601: Monroe County shall adopt programs and policies to facilitate access 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. 11 12 Policy 601.1.9: Monroe County shall maintain land development regulations which may include 13 density bonuses, impact fee waiver programs, and other possible regulations to encourage affordable 14 housing. 15 16 Policy 601.1.13: Monroe County shall maintain land development regulations on inclusionary housing 17 and shall evaluate expanding the inclusionary housing requirements to include or address nonresidential 18 and transient development and redevelopment based on specific data and analysis. 19 BOCC Staff Report File 4 2024-232 Inclusionary Housing Waiver Request to BOCC Page 7 of 10 4529 I Objective 601.2: Monroe County shall adopt programs and policies to encourage housing of various 2 types, sizes and price ranges to meet the demands of current and future residents 3 4 Objective 601.3: Monroe County shall continue implementation efforts to eliminate substandard 5 housing and to preserve, conserve and enhance the existing housing stock, including historic structures 6 and sites. 7 8 Policy 601.1.13: Monroe County shall maintain land development regulations on inclusionary housing 9 and shall evaluate expanding the inclusionary housing requirements to include or address nonresidential 10 and transient development and redevelopment based on specific data and analysis. 11 12 Data and Analysis Supporting Ordinance 001-2021: 13 On February 17, 2021, the BOCC adopted Ordinance 001-2021, creating the nonresidential 14 inclusionary housing requirements in LDC Section 139-1. Prior to adoption, to develop inclusionary 15 housing requirements for the nonresidential sector to build workforce housing, the County contracted 16 with Clarion Associates and RRC Associates to complete the data and analysis necessary to establish 17 the workforce need generation and a rational nexus of need generation and affordable mitigation needs. 18 This data was completed and presented on November 14, 2017, to the BOCC (2016 Monroe County 19 Employer Survey Results by RRC Associates and 2017 Affordable Workforce Housing Support Study 20 for Non-residential Development by Clarion Associates,hereinafter referred to as "the Clarion Study"). 21 From the report's executive summary(page 5): 22 C i 11K.i. 11r lr�,D A L E W?. IRKlpD [I!S,,,I�. <[rV.ifn( V.. Y iJ :rfl F2,'E.uDL..G,V,,, Vi (yIrn: "J,f The need to (provide affordable workforce housing is created by devOopira°aent that den-ra�rrds labor (errrpdoyees). Because non-residential dlevelllopment cireaates a cdenia�ncd for labor (enapk)yees'), the rieed for affordable workforce housing it creates is determined in this Study. Non-residential development includes governmental, industrial, in�sfitutioraall, office, � retain & restaurant, tourist/recreation, hotel/motel, and other developnient. Non- residential development cireates a need for labor (theworkforce) in two ways: (1) � erurulployees who construct the burilding(s(„ and ( ) ernpdoyees who work at the building after construction (post conStruuction eraaployees). Construction employees construct the iron- residentiail buildings, All different types of employees work at the buildings after they are conapl te, depending on the type of 0uus,iness. Tl e analysis shows that wages and salaries earned by a significant portion of Montoe � Corrraty"s workforce that constructs the building or- works in the businesses arad rellated entities that nnake up non-iresiiwudentiall development are insufficient to allow these employees � to obtain ia-ra�rlket hor,Bhrg at a price they can reasoinably afford. After deterraaining the nrrraaher and type of enaployees that serve non-iresidentiall development (construction and post-construction), and how rraany of these employees cannot reasonallaly afford) Ihorasirag in Moirrroe t OLUnty, the Study then identifies the qraraiultiity of workforce housing need create(,] � by non-residential developanient. Based on this ainalpysis, TalAe l : 5urn°nraaary of Affordable Workforce ttousirdg Needs and Assistance Created by Non-Residential Development, outlines the workforce hou,rsing, need generated by different types of non-resiadlentivalll development, both in ternis of the need for workforce force hoursirag UraitS (or a fraction thereof), and for monetary workforce hror.asing � 23 assistance (in Illieu fees). 24 BOCC Staff Report File 4 2024-232 Inclusionary Housing Waiver Request to BOCC Page 8 of 10 4530 I The Clarion Study, which was the basis for calculating the nonresidential inclusionary requirement 2 established in LDC Section 139-1(f), evaluated the linkage between the employment generated by the 3 construction of nonresidential development and the employment that occurs at the nonresidential 4 development after construction is completed. 5 6 The proposed redevelopment involves the establishment of a new 5, 977 square foot outdoor retail sales 7 area within Unincorporated Monroe County. Prior to July of 2024, this area was in a residential zoning 8 district and did not permit new nonresidential uses. While it is apparent that there is little construction 9 required for the establishment of the outdoor retail sale area, it should not be discounted that this is still 10 the establishment of new nonresidential space being used [in Unincorporated Monroe County]. 11 Additionally, it should be noted that the County does not regulate nor control ownership of a property 12 and that the specific business model of the newly established uses could change and likely would not 13 require BOCC approval. 14 15 In fact, the Clarion Study specifically includes "auto sales and repair" and "parking lots" as 16 employment generators that fall within the Retail &Restaurant Use category. See below: 17 Retail Vie. Restaurant uses includes stores, department stores, supermarkets, shopping centers, restaurants, financial institutions, repair service shops, service 18 stations, auto sales and irepair, parking lots, and wholesale outlets. 19 20 With that being said, Staff did review the Clarion study to determine how the calculations were 21 established and looked into subtracting the need for pre-construction employees from the nonresidential 22 inclusionary housing mitigation requirements applied to the subject project. 23 � a i oc �o Employees per 1,000 SF Construction 0.038 0.038 0.038 0.038 0.038 0.038 0.038 0.038 Post Construction 0.917 0.443 0.682, 1.457 1.202 0.753 1.107 0.513 Total 0.955 0.481 0.720 1.495 1.240 0.791 1.145 0.551 Hlouseholdls per 1,000 SF Construction 0.0291 0.029 0.029 0.029 0.029 0.029 0.029 0.02,9 Past Construct&oni 0.688 0.332 0.512, 1.094 0.902 0.565 0.831 0.385 Subtotal 0.717' 0.361 0.541 1.122 0.931 0.594 0.860 0.414 Percent in Need of Assistance Construction 69.58 69.58 69.58 69.58 69.58 69.58 69.58 69.58 Post Construction 59.20 61.88 61.91 62.58 69.16 70.06 71.50 71.50 Housing units Needed Construction 0.020 0.020 0.020 0.020 0.020 0,020 0.020 0.020 Post Construction 0.409 0.206 0.317 0.684 0.624 0.396 0.594 0.276 24 Total Housing Need'',per 1,000 0.427 0.226 0.337 0.704 0.644 0.416 0.614 0.295 sF 25 BOCC Staff Report File 4 2024-232 Inclusionary Housing Waiver Request to BOCC Page 9 of 10 4531 t 1111f1 1��� I�ouseholdl Earnings C:onstrrrctron $53,902 $53„902 $53,902 $53,9012 $53,902 $53,902 $53,902 $53„902 Post Construction $67,246 $61„755 $61,692 $601,3014 $46,932 $44,987 $42,020 $42„020 Weighted Household $66,713 $61„1.32 $61,279 $60„1.40 $47,050 $45,417 $42,416 $42,842 Income Affordability Limit $222,154 $203,569 $204„060 $200,266 $156,676 $151,240 $141,245 $142„665 Cost of Affordable $311,71.2 $311,712 $311„71.2 $311,712 $311,712 $311„712 $311,71.2 $31.1„71.2 Unit Sl of-tfald $89,5,58 $1.03,143 $107,652 $111,446 $155,0136 $160,472 $170,467 $169,047 Total Hiorrsing Need peer 1,0100 FTC 0.427 0.22.6 0.337 0.704 01.644 01.416 0.614 0.295 Shur-tfall paper-1,000 $38,285 $24„397 $36,284 $78,492 $99,938 $66,722 $104,691 $49,947 1 FT' 2 3 In removing the need created by construction employees, Staff has determined that the in lieu for post 4 construction employees of a retail & restaurant use would be calculated as follows (based on the 5 Clarion Study): 6 Assistance Needed for Retail& Restaurant Uses Less Construction Em to ees Post Construction Employee Median $44,987 Household Income Affordability Limit(median income * $149,807 3.33) Cost of Affordable Unit $311,712 Shortfall $161,905 7 8 As you will see,the total shortfall has actually increased from $160,472 to $161,905.Applying this 9 standard to the proposed project would increase the in lieu fee required to be mitigated. 10 11 V RECOMMENDATION: 12 13 The data and analysis used to create the nonresidential inclusionary housing requirements in Ordinance 14 001-2021 indicates a need for affordable and workforce housing created by the proposed change of use of 15 an existing office building to commercial retail (493 square feet) with a new 5,977 square foot outdoor 16 retail sales area. 17 18 Staff recommends denial of the applicant's request to waive the nonresidential inclusionary housing 19 requirement pursuant to Section 139-1(f)(4)b. 20 21 ATTACHMENTS 22 1. Approved Site Plan from Building Permit 9 C-RMDL-2024-0267 BOCC Staff Report File 4 2024-232 Inclusionary Housing Waiver Request to BOCC Page 10 of 10 4532 go W u y NVld 1N3W30VNVIN 6RVAAH?J01S r��rpe,'81 .� „i r Z Al Allealao��`ooav� 3�1 'i o=,�. o�„W ° ° o oc°�� °� o O O � _ ItlMH`JIH StlSSa3A0 60E906 S .h z P .° i a O Q U 5 o SBIVS ltloa ooatl�A3� ( -e ... .Ao Z e�i7/��pf r ✓i, fit An O o I 2i W� %m 8 wp., UO ki116)P,1VII���r o �". g � e .� zFa 0 2 T zj B Z Q I± - � � w �� as LC', :5 Qc �I X�oQFQ o go" ,o MRS OE a u, a CT' „ 1 g c �'. �,�'•zz: ti z U O' m a / J „fw u Q ¢ %Dl/ ✓ l w Ong �.oCi� acw cs H� �na 5, o < malls a �' .. �F 668. HAT, °o ON O w U _� a 1z_w° IS ° �o 5 HIM t �_2� U Z w 0 / 'Vol O �l (�✓, pP l CML / m a J {b �,,.m✓i�/ � � of _I �' �f lf`�; > YP r r e. sue, wY� / / p Imp-Dti-,�� �o„�r /fir,. a+�l _ r p Co l fsif' z co J r VY r�Tl/U /�fj/�� �i1/l��rJa'�'i O CL N '�,/r ✓)�1 4533 NVld 1N3W3°JVNVW N3IVMW80IS "?b" N ° o VOAO13 bEJdv-1 AAA „��a Q 3cK 0 h o � o wN kVAAHOIH SV3Sd3AO 60£906 =�_-� �'ge' - w❑ U S3�VS VMS OJdvi A3�i �'�o . ° - ILL in<C w� p ��•r�e rc$x w - I_Z w n,� A gag cL agot `f ?.,C N \ i U = O p a? ,. 0 lot © CI L in ra � z aE< T cc � o — mIvri ,.. � A I � � I w I i N l ! r I IZ Fi i v !I qI a a sl,lsirsUr� � r I _ se cwu rr v � r�w 4 � S <r r.ccl � .nr .ir I 1 / 1 J ry a P I Y I 4534 N NVId 1NAMOVNVN 8111VMWNOIS z Q w All%Lz oy M `3 , a VdlaO'z1'OJaV�A3�1 z AVMH�JIH SV3S2i3n0 60C906 ¢h 4 z z z SAWS 1V08 O`J21V1 A3�1 g �..�.�oF c°' � < -w 0 a W 2 L ry ry m m N O O o C�CJO� N obbd°i 0 P N oo<'N C C N N V1 z z _ z N - a,E o� a z 66 - �-1 2 z W R %F II a f6 co - Z a + w � 1 r4> o i !� p.._`a�a�mrc�� o N 6 N ¢ T C LLI W K�php,C per M S- U -O 7 �; -e- _o m Z Est 0m �p � m E op T.R m p0 r - �F f' f� A ,, R . W z O . �• 1 a 1 zoo, _ m < 0 2 z z L nw 2 Q aF � Q W i LJ Q `� \- W 2 01 W a- LY W � wo < m Qv o �7T ,0 / � .. 1 W W � � ill I _ W H J z Q O `t s z U W U O IJ L J Q �� z Ic wa W «, [fz c)z LLJ 0 N 3 n 4535 Docusign Envelope ID: DB975B2F-0781-43F6-AA7F-87A355C7309B Amendment (1 st Amendment) to Services Agreement THIS AMENDMENT to Agreement dated this 9th day of January 2025 is entered into by and between the 3406 North Roosevelt Boulevard Corporation d/b/a Visit Florida Keys (Client), a corporation incorporated in the State of Florida and Humani HR Co. (Humani) WHEREAS, there was an Agreement entered into on September 24, 2024 between the parties for Humani to provide consulting services to Client; and WHEREAS, it has become necessary to amend the Agreement to revise the permissible reimbursable cost to include reimbursement of Human Resource Software; and NOW THEREFORE, in consideration of the mutual covenants contained in herein, the parties agree to amend the Agreement as follows: 1. Paragraph 15 should be revised to read: Humani will be reimbursed from time to time for reasonable and necessary expenses incurred by Humani in connection with providing these services including reimbursement for HRIS Software with BambooHR which includes a one-time activation cost in the amount of $499.50 and reoccurring monthly cost of $565, as adjusted. 2. The remaining provisions of this Agreement dated September 24, 2024, shall remain in full force and effect. 1 st Amendment to Agreement — Humani HR 1 4536 Docusign Envelope ID: DB975B2F-0781-43F6-AA7F-87A355C7309B IN WITTNESS WHEREFOR, the parties have set their hands and seal on the day and year first above written. 3406 North Roosevelt Boulevard Corporation d/b/a Visit Florida Keys CDocuSignetl by: ix a-S"ik 1114DIIII211119_. By Chairperson Diane Schmidt Print Name Date: 1/22/2025 Humani HR Co. DocuSignetl by: l 28BOAEFDBF5FG2A CEO Carly Holm Print Name Date: 1/10/2025 1 st Amendment to Agreement — Humani HR 2 4537