HomeMy WebLinkAboutResolution 119-2025 -n
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6 MONROE COUNTY, FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
8
9 RESOLUTION NO. 119 -2025
10
11 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
12 COMMISSIONERS APPROVING AN ADJUSTMENT TO THE NON-
13 RESIDENTIAL INCLUSIONARY HOUSING REQUIREMENT FOR
14 REDEVELOPMENT WITH AN EXPANSION LOCATED AT 106309, 106319,
15 106329,AND 106339 OVERSEAS HIGHWAY,KEY LARGO,MILE MARKER 106,
16 HAVING PARCEL IDENTIFICATION NUMBERS 00538440-000000, 00538450-
17 000000, 00538460-000000,AND 00538470-000000.
18
19
20 WHEREAS, on January 16, 2025, the Planning and Environmental Resources Department
21 received an amended application from Island Construction Management,Inc., on behalf of Del Sol Point,
22 LLC (the "Applicant,") to waive the inclusionary housing requirement for the change of use of a 493
23 square foot building permitted as an office use to commercial retail and the new establishment of an
24 outdoor retail sale area of 5,977 square feet located at 106309, 106319, 106329, and 106339 Overseas
25 Highway, Mile Marker 106, Key Largo (the "Property"); and
26
27 WHEREAS, the subject property contains an existing 493 building that was permitted as an
28 office use that is to be redeveloped as a commercial retail use as defined by LDC Section 101-1, with
29 5,977 square feet of outdoor retail sale area; and
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31 WHEREAS,pursuant to LDC Section 139-1(f)(3)c. each redevelopment project with a change
32 of use increasing housing demand,not exempted by subsection (4), shall mitigate 50% of the workforce
33 housing demand created by the proposed redevelopment by one or a combination of the methods
34 identified in subsection(5). The workforce housing required for nonresidential development when a new
35 use replaces an existing use and increasing housing demand (for example from an industrial use to an
36 office use) shall be calculated based on the square footage proposed for conversion and/or based on the
37 incremental increase in size of the new uses (if any); and
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39 WHEREAS, in accordance with LDC Section 139-1(f)(5)a, the proposed redevelopment of a
40 commercial retail use generates the need for 1.929 affordable dwelling units with an in-lieu fee
41 equivalent of $326,262.83, based upon the 'Affordable Workforce Housing Support Study for Non-
42 Residential Development,'prepared by Clarion Associates, LLC in June 2017; and
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44 WHEREAS,the Applicant's mitigation requirement, should the Applicant choose to comply by
45 the construction of affordable dwelling units (either on or off site)would be one (1) affordable dwelling
46 unit(rounded up from 0.965) or payment of the in-lieu fee equivalent, which is $163,131.15; and
47
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I WHEREAS, any applicant who believes that he/she may be eligible for relief from the strict
2 application of this section may petition the BOCC for relief under this subsection (f)(4). Any petitioner
3 for relief hereunder shall provide evidentiary and legal justification for any reduction, adjustment or
4 waiver of any requirements under this section. The petitioner shall use generally accepted principles and
5 methods and verifiable local information and requested relief, and
6
7 WHEREAS, The BOCC may reduce, adjust, or waive the requirements set forth in this
8 subsection (f), based on specific findings of fact, where the BOCC concludes, with respect to any
9 applicant, that:
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11 1. Strict application of the requirements would produce a result inconsistent with the
12 Comprehensive Plan or the purpose and intent of this subsection;
13 2. Due to the nature of the proposed nonresidential development, the development furthers
14 Comprehensive Plan policies and the purpose and intent of this subsection through means other
15 than strict compliance with the requirements set forth herein;
16 3. The applicant demonstrates an absence of any reasonable relationship between the impact of the
17 proposed nonresidential development and requirements of this subsection (f);
18 4. The strict application with the requirements set forth herein would improperly deprive or deny
19 the applicant of constitutional or statutory rights; or
20 5. In the event of a declared State of Local Emergency, the BOCC adopts a resolution recognizing
21 that the strict application of the nonresidential inclusionary requirements would not enhance nor
22 protect the health, safety and welfare of the community
23
24 WHEREAS, at a regularly scheduled meeting held on February 19, 2025, the Monroe County
25 Board of County Commissioners ("BOCC" "Monroe County", or the "County") held a duly noticed
26 public hearing, considered the professional staff report, and the subject request; and
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28 WHEREAS, based upon the documentation submitted and information provided, the BOCC
29 hereby makes the following findings of fact and conclusions of law:
30
31 1. Following fact-intensive analysis of the particular application in this specific matter, it is found
32 that strict application of the requirements would produce a result inconsistent with the
33 Comprehensive Plan or the purpose and intent of this subsection; and
34
35 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
36 OF MONROE COUNTY, FLORIDA
37
38 Section 1. Recitals and Intent. The foregoing findings of fact and conclusions of law are true and
39 correct and are hereby incorporated as if fully set forth herein.
40
41 Section 2. Non-Reliance by Third-Parties. No person, business entity, or non-profit organization
42 may cite or rely upon this Resolution to enforce or attempt to enforce any third-party
43 theories of relief, claims, entitlements, or benefits.
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45 Section 3. The Police Power Does Not Constitute a Lawful Basis Upon Which the Board May
46 Afford an Applicant and/or a Property Owner Non-Legislative Relief from the
47 Monroe County Land Development Code or Monroe County Comprehensive Plan.
48 The Monroe County Board of County Commissioners holds that, as a matter of law, the
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1 police power constitutes a source of authority for the BOCC, as the local legislature. of
2 unincorporated Monroe County, to legislatively enact local laws and regulations, but
3 where the Monroe County Board of County Commissioners has legislatively:set out
4 specific criteria:in the:Land Development Code or Comprehensive Plan,: the BOCC is
• 5 � � required to apply only those specific criteria thatt putpublic had: : the on notice of through .: •
6 its enactment of those ordinances.
7
8 Section 4. The land use proposed in this particular application is more appropriately described under
9 the e industrial an use cate or and the proposed redevelopment generates the need or
10 0.44 affordable dwelling units with an in-lieu fee equivalent of$47,358.72 in accordance.
11 with Monroe County Land Development Code § 139-1(f)(5).The requirement to provide
12 inclusionary affordable-workforce housing in Monroe County is hereby adjusted with the
13 following condition imposed:
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15 Any future change of use,or establishment of additional floor area regardless of use,
16 shall be assessed the inclusionary housing requirement(including but not limited to
17 in lieu fee and/or affordable workforce housing unit(s)) due for that area of use and
18 shall only be deemed to have met the proportion assessed under this Resolution.
19
20 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,Florida,
31 at a regular meeting of the Board held on the 19th day of February, 2025.
23 :Mayor James K. Scholl, District 3 Yes
24 : Mayor Pro Tern Michelle Lincoln, District 2 Yes
25 Commissioner Craig.Cates, District 1 Yes
26 Commissioner.David Rice, District 4 Yes
27 Commissioner Holly Merrill Raschein, District.5 Yes
28
29 BOARD OF COUNTY COMMISSIONERS
30 OF MON A OE C FLORIDA
OUNTY,
31
32 By: .
e , a a 1
33 � 0. YOR JAMES K. SCHOLL
34 :MONPOE CO ATToRNEy
35
A,Ppial - TO FORM
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,,:�,r.;_ �F:,,,a ASSISTANT COUNTY ATTORNEY
. Date; 2/2O/2
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KeysNews.eom
KE , / ,
IZEN
The Florida Keys Only Daily Newspaper, Est. 1876
PO Box 1800,Key West FL 33041
P:(941)206-1025 F:(305)294-0768
legals@keysnews.com
MONROE CO PLANNING/ENVIORNMENTAL
RES
102050 OVERSEAS H WY
KEY LARGO FL 33037
Account: 423741 Ticket: 3951255
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA
COUNTY OF MONROE [legal text]
Before the undersigned authority personally appeared
Jill Kelli Di Benedetto ,who on oath says that he or she is
The legal advertising representative of the Key West Citizen,a five day newspa-
per published in Key West,in Monroe County, Florida;that the attached copy of
advertisment,being a legal notice in the matter of was published in said newspa-
per in the issues of:
Saturday, February 1,2025
Affiant further says that the Key West Citizen is a newspaper published in Key
West, in said Monroe County, Florida and that the said newspapers has hereto-
fore been continuously published in said Monroe County, Florida Tuesday thru
Saturday weekly,and has been entered as periodicals matter at the post office in
Key West, in said Monroe County, Florida,for a period of 1 year next preceding
the first publication of the attached copy of advertisement;and affiant further says
that he or she has neither paid nor promised any person,firm or corporation any
discount, rebate, commission or refund for the purpose of securing this advertise-
ment for publication in the said newspaper.
(Signature ofAffiant)
Affirmed and subscribed before me this 18th day of February 2025
(Notary Public Signature)
Laura M Robins
(Notary Public Printed Name) (Notary Seal)
My commission expires 9/26/2026
Personally Known X Produced Identification
Type of Identification Produced (Notary Seal)
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MONROE COUNTY BOARD OF COUNTY w,,ull,
��II C�COMMISSIONERS
NOTICE OF PUBLIC MEETING AND '(IIII Thin II1111'l Atlll, DQ/ rll✓i
NOTICE OF PUBLIC HEARING
FEBRUARY19,2025 V i
NOTICE IS HEREBY GIVEN that on Wednesday,February 19,2025, Ay�� T r tiff/d
i
the Monroe County Board of County Commissioners well hold a
public hearing,beginning at 10:00
AM.The BOCC meeting will be m
held in hybrid format,allowing the public to attend either via Zoom NOTICE OF SELECTION COMMITTEE MEETING a
Webinar or in person.The in personmeeting will be held at the
Harvey Government Center,located at 1200 Truman Avenue, FLORIDA KEYS AQUEDUCT AUTHORITY
Key West FL.The following items will be considered at the PUBLIC
HEARING:
""
PUBLIC HEARINGS:10:00 AM(or as soon thereafter as may be THURSDAY,FEBRUARY 6,2025 / / plf
heard):
10:00
A PUBLIC HEARING TO REVIEW A DEVELOPER'S REQUEST FOR I;("Vr(2
BOCC APPROVAL TO WAIVE THE INCLUSIONARY WORKFORCE TheparpweoftheSelectlon CommltteeMeetingls to rankthe IVV
HOUSING REQUIREMENT AIsPLICABLETO REDEVELOPMENT WITH AN gaalb,sbonpackagw,rb.DDd by finandal mstDch—mresponse
EXPANSION FOR PROPERTY LOCATED AT 106309,106319,106329,AND toFKAA-RFQ-0003-25,RegaestA,Statements of Qaaufiaatlons o
106339 OVERSEAS HIGHWAY,MILE MARNER106,KEY LARGO,MONROE forP,,fex QsIServlces for Investment So,brgServlces.the
COUNTY, FLOBIDA, HAVING RAHCEL IDENHHCAHON NUMBEBS Commltteewllldlscuss theirs.....and mnk the firms who
00538440-000000, 00538450-000000, 00538460-000000, AND b 'tt d q al'fi t' p k g '?
00538470 000000.(FILE NO.2024-232) .\
92501 OVERSEAS HIGHWAYTAVERNIER,FLORIDA,MILE MARKER Add't' I'form t' 'I bl upon request from D,,,d J,,k,,,, 1
925 ARESOWIIONOF HE MONHOE COUNTY BOARD OF COUNTY P h gM...g 1100K dyDr.Key West PL 33040(305)
COMMISSIONERS APPROVING A SPECIAL PERMIT ALLOWING A 295 2244,and dJ ck,,c@fkaa.com.
TEMPORARY CONSTRUCTION STAGING AREA FOR THE FLORIDA
KEYS AQUEDUCT AUTHORITY(FKAA)AND ITS CONTRACTORS FOR P.,meetmgcan be attended by the public st the following address. REVISED
CONSTRUCTION WORK ON PORTIONS OF US.1 AT PROPERTY LEGALLY NOTICE OF A PUBLIC MEET(NG
DESCRIBED AS SECTION 27TOWNSHIP 62RANGE 38 ISLAND OF KEY FKAAJ.Binder Administration Building FLORIDA KEYS AQUEDUCT AUTHORITY
LARGO PLAT BOOK PAGE 64 PART OF LOT 6&PLAT OF SURVEY OF 1100 Kennedy Dr.
ELLIS PHOPEB I Y KEY IAHGO PLAI BOOK 2 PAGE 99 PAR I OF I BACI Key West FL 33040 FLORIDA KEYS AQUEDUCTAUTHORITY
2 HAVING PARCEL IDENTIFICATION NUMBERS:00490250-000000&
00089490-000000(FILE NO.2025-020). Theme,brgcan ch,be attended via MlaosoftTeams st the 1100 Kennedy Drive
fAa,,r,glrU KeyWert,FL33040
Please visit the Monroe Countyates an informmonroecounty-
fl.aov for meeting agenda updates and information regarding WEDNESDAY,FEBRUARY 5,2025
the various options available to the public to view the live httpsdlteams.mlaosoftcoMl/meemp-JoIN19X3ameetm�
meeting and/or to make public comments on certain agenda 7,DISMThIYTAtZWJhNS00NJdJLTkSNWQtY2PhNT7,JY2RhN2Q Regular Meeting
Items. 1%40thread.a2/01coat.t—%7b%22TId%22%3a%2228fa22C2-8f 11:00a.m.
1c-4463-9119-94f50418b641%22%21%220Id%22%3 a%2285C29
Pursuant to Section 286,0105 Florida Statutes,if a person decides s,96261-4doe-9632-449,7805w22%22%2d The purpose ofthe Regular Meeting isfor theBmrd to tokeaction on
to appeal any decision of the Board of County Commissioners,with Lou fin e business matters for the An dhority and to receive reports on
respect to any matter considered at the meetingorhearing,he orshe Or by calling the following number. opeafional aspects of the organim[ion.
will eveda record ofthe proceedings,and that for such purpose he
or she may need to ensure a verbatim record of the proceedings is 850 792-4985
made which record includes the testimony&evidence upon which Phone conference ID.421810166a Allagendasand supporting documentation an beviewed on our
the appeal is to be based web site @ www.fkaacom.,or isavailable upon requesttiom FKAA,
ADA ASSISTANCE Ifyoa a,, person with a disability who need, Pam Albury,Director of Executive Deparmient,1100 Kennedy Drive,
ADA ASSISTANCE,If you are a person with a disability who epeclaI acmmmodarlonelno,d,,L,panlclpareln thisproceeding, Key West FL 33040,(305)2952205,0albury fkaacom.
needs special accommodations in order to participate in this pieaseconracrih,FlorldaKec,AgaedacrAvE-Ly byphoning(305)
proceeding,please contact the County Administrator'sOfice, 29522 ADA ASSISTAN(F.Ifyou are aperson with a disability who nwds special
byphoning(305)292_4441,between the hours of8.-30 a.m.-5:00 44
p.m.,no later than five(5)calendar days prior to the scheduled awommodationsin orde Nparti:ipatein thisproceelingple ne
meeting;❑you are hearing or voice impaired,call%It" Dls lal—,Mwcsgch,sx,o,gdares will bepo4ed oe ovel"tthellorilaKeysAqueductAuthority,,byphoning
- (t051295-2205.