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HomeMy WebLinkAboutItem R06COUNTY of MONROE The Florida Keys BOARD OF COUNTY COMMISSIONERS Mayor Michelle Lincoln, District 2 Mayor Pro Tem David Rice, District 4 Craig Cates, District 1 James K. Scholl, District 3 Holly Merrill Raschein, District 5 Regular Meeting February 18, 2026 Agenda Item Number: R6 26-0371 BULK ITEM: No DEPARTMENT: Planning and Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Devin Tolpin, Sr. Director Planning & Environmental Resources AGENDA ITEM WORDING: A Public Hearing to Consider a Request from Fortress Secured/Summit Construction Management Group, LLC, to Waive the Non -Residential Inclusionary Housing Requirement for Redevelopment with an Expansion of a Fire Station on Parcels of Land Owned by Monroe County and Located at 17145 and 17175 Overseas Highway, Sugarloaf Key, Monroe County, Florida, currently having Parcel Identification Numbers 00117930-000000 and 00118480-000000. ITEM BACKGROUND: Fortress Secured/Summit Construction Management Group, LLC, on behalf of the Monroe County Board of County Commissioners, has requested a waiver of the nonresidential inclusionary housing requirements in accordance with Monroe County Land Development Code (LDC) Section 13 9- 1 (f)(3)b, in order to redevelop and expand an existing fire station building by 4, 069 square feet (Sugarloaf Key Fire Rescue Station No. 10), on property located at 17145 and 17175 Overseas Highway, Sugarloaf Key, Monroe County, Florida, currently having Parcel Identification Numbers 00117930-000000 and 00118480-000000. Per LDC Section 139-1(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). In accordance with LDC Section 139-169(4)7., the new development, redevelopment, remodeling, repair, change to a different use category or cumulative expansion of a nonresidential use that does not establish or increase the area of the nonresidential use by more than 1,000 square feet ofgross floor area or area of use are exempt from the nonresidential inclusionary housing requirement. The first 1,000 square feet of the expanded area shall be exempt from the nonresidential inclusionary housing requirement (4,049 sf less 1,000 sf). The required nonresidential inclusionary housing mitigation required for the proposed development was calculated in accordance with the following table: Total Need Created by Nonresidential Develo meat 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)' Governmental 0.000427 $38.28 3,069 SF 1 $58,740.66 (rounded up from 0.66 per LDC) In accordance with LDC Section 139-1(f)(3)b., the expansion of 3,069 square feet of a governmental use/structure generates the need for 1.31 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 0.66) or payment of the in -lieu fee equivalent, which is $58,740.66. 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: a. 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 b. 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 c. To increase the supply of housing affordable to targeted income groups within the community; and d. 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 e. 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 f. 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 g. 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 h. 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 i. 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 findinp_s 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: The proposed use is the same as the existing use and consists of the redevelopiment of the Monroe County Fire Rescue Sugarloaf Fire Station No, 10 on the same ,parcel. The existing fire rescue facility is outdated, has been condemned, and will the demolished to allow for construction of a new, modern fire rescue facility, Monroe County and its developer/contractor, Fortiress/Suirnimit, interviewed IMairk Herneyer, Deputy Chief of Fire Rescue Operations, to i ate the opeirationa I characteristics of the existing and Iprolposed repllaceimcnt fire station, Based on these findings, whHe the replacement facility will increase in Ibuillding size, there are no plains to increase staffing levels, operational capacity, or service dernaind beyond existing conditions. The increase in building area is intended to Iprcovide a modernized, code -compliant facility that improves effiblency and functionality while supporting critical fire protection and emergency response services. The proposed station includes adequate living and training areas for the existing level of fire piersoinnd, as well as an apparatus bay sized to accommodate required fire rescue vehicles and equipirnent. The project provides a shear public (benefit by allowing the County to replace an inadequate and obsole-te fire rescue facility with a modern station designed to enhance fire safety, emergency response capabilities, and overall Ipubllic protection for the Sugarloaf Key community. The proposed redevelopment will not result in additional employees, population growth, or increased demainid for afforclaUe or workforce housling. As such, there is no reasonable relationship or nexus between the limpacts of the project and the inclusionary housing requirements of subsections 139-1(e) and 139-11(f). 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 inclusionaly 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 001-2021, creating the nonresidential inclusionary housing requirements in LDC Section 139-1. Prior to adoption, to develop inclusionary housing requirements for the nonresidential sector to build workforce housing, the County contracted with Clarion Associates and RRC Associates to complete the data and analysis necessary to establish the workforce need generation and a rational nexus of need generation and affordable mitigation needs. This data was completed and presented on November 14, 2017, to the BOCC (2016 Monroe County Employer Survey Results by RRC Associates and 2017 Affordable Workforce Housing Support Study for Non-residential Development by Clarion Associates). From the report's executive summary (page 5): :,. 11,i i. i. €:r o_ z, A ii i () i z i. l A i. u. %Al 01! , X, F wi l:"r; tw i.� l �":,'U l i G C R i. A 1 i. II i3n The need to provide iffordahle workforce housing is created by cfeweloprnent that dernands labor (employees). Because non --residential development creates a demand for labor (eniployees),the need for affordable workforce Itousing it creates is determined in this Study. Non-residential developnient includes goverrnrnental, industrial, iffititutional, office, retail & restaurant, tourist/recreation, hotel/inotel„ and other development. Non- residential developn°rent creates a need for labor (the workfor(e) it) two ways: (1) c rnployees who construct the buildirng(s), and (2) ewiployees who work at the building at"tc,r construction (Post corIstructiorn ernployees). Construction employees construct the non- residential buildings. All different types of employees work at the buildings after they arc, cornplete, depending on the type of business. The analysis shows that wages and salaries earned by a significant portion of Monroe COUnty's workforce that constr racts the buildings or works in the businesses and related entities that make up rron-residential development are insufficient to allow these employees to obtain market housing at a price they can reasonably afford. After deteimining the number and type of ennpa oyees that serve non-residential development (construction and host-(onstruction), and hour many of these employees o:.annot reasonably afford housing in Monroe County, the StUdy then identifies, the cfuarntity of workforce haocrsinB, need created by non-residential development. Based on this analysis, Table 1-2. Sururnary of Affordable Workforce Housing Needs and Assistance Created By Non -Residential Develohnnnent, outlhines the workforce housing need generated by different types of non-residential development, both in terms of the need for workforce housing units (ora fraction thereof), and for monetary workforce housing assistance (it) lieu fees). The above analysis was done for individual types of nonresidential uses, including governmental uses, the outcome of which was used to establish the inclusionary housing requirements adopted by the BOCC in Ordinance 001-2021. Based on the data in the report, expansions of governmental uses do create a need for affordable workforce housing. PREVIOUS RELEVANT BOCC ACTION: On December 07, 2022, BOCC approved Resolution No. 452-2022, for 17145 Overseas Highway, Sugarloaf Key, Monroe County, Florida, "requesting that the Florida Department of Transportation (FDOT) convey that portion of U.S. 1 (Florida State Route 5) right-of-way (as described in Exhibit 5) to Monroe County to accommodate the construction of a new fire station on Sugarloaf Key for the public purpose use and accepting the transfer thereof." Subsequently, on August 01, 2023 Monroe County Clerk of Court recorded in Book 3236, Page 1578, of the Public Records of Monroe County, Florida, a Quitclaim Deed (Public Purpose) for the transfer of ownership of a portion of the right of way of State Road 5 as per Deed Book G-6, Page 42, and as shown on Florida Department of Transportation Right of Way Map, Section 90020, lying in Government Lot 3, Section 34, Township 67 South, Rage 27 East, between the State of Florida Department of Transportation, Grantor, and Monroe County, Florida, Grantee. On July 17, 2024, BOCC approved Resolution No. 239-224, for 17175 Overseas Highway, Sugarloaf Key, Monroe County, Florida, acknowledging the receipt of an "unsolicited proposal to construct a new fire station" by Fortress Secured, LLC, and "finds that the plans of Fortress Secured for the new fire station will result in the timely acquisition, design and construction of the project inasmuch as the design thereof is largely completed, the structure of the development resolves underlying litigation between the Sugarloaf Volunteer Fire Department and Sugarloaf Wi-Fi, Incorporated to permit acquisition of the site by Monroe County from the Sugarloaf Volunteer Fire Department for construction of the fire station and facilitates the construction of a modern facility for the delivery of firefighting and emergency services in a more timely manner than traditional project delivery methods." Subsequently, on August 29, 2024, Monroe County Clerk of Court recorded in Book 3290, Page 1819, of the Public Records of Monroe County, Florida, a Special Warranty Deed for the transfer of ownership of a part of Government Lot 3, Section 34, Township 66 South, Range 27 East, between The Sugarloaf Key Volunteer Fire Department, Grantor, and Monroe County, Florida, Grantee. On January 29, 2026, the Monroe County Planning Commission approved Resolution No. PO4-26 granting variances to access standards, bufferyard standards, fence height requirements, and off-street parking requirements, for the redevelopment of a fire station on the Property (File # 2023-189). INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Staff recommends DENIAL of the applicant's request to waive the nonresidential inclusionary housing requirement 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 governmental uses beyond what the applicant is currently providing. DOCUMENTATION: 2026-025 BOCC Resolution DRAFT.docx 2026-025 Application File.pdf 2026-025 Sugarloaf Fire Station Incl Hsng Staff Report.docx FINANCIAL IMPACT: N/A Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: R6. to Waive the Non -Residential Inclusionary Housing Requirement for Redevelopment with an Expansion of a Fire Station on Parcels of Land Owned by Monroe County and Located at 17145 and 17175 Overseas Highway, Sugarloaf Key, Monroe County, Florida, currently having Parcel Identification Numbers 001179310-000000 and 00118480-000000. xis a� µ ,w o �G 4Yw 4P NYSti�� MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT To: Monroe County Board of County Commissioners Through: Devin Tolpin, AICP, CFM, Senior Director of Planning & Environmental Resources From: Thomas Francis-Siburg, AICP, Acting Planning & Development Review Manager Date: January 30, 2026 Subject: A Request to Waive the Inclusionary Housing Requirement for Redevelopment of an Existing Governmental Use with an Expansion, Located at 17145 and 17175 Overseas Highway, Mile Marker 17, Sugarloaf Key, Monroe County, Florida, Having Parcel Identification Numbers 00117930-000100 & 00118480-000000 (File # 2026-025). Meeting: February 18, 2026 2 I REQUEST 3 Fortress Secured/Summit Construction Management Group, LLC, on behalf of property owner, 4 Monroe County Board of County Commissioners, is proposing to redevelop an existing fire station 5 building (Sugarloaf Key Fire Rescue Station No. 10) with an expansion, for a governmental use. The 6 applicant is requesting a waiver of the nonresidential inclusionary housing requirement in accordance 7 with Land Development Code (LDC) Section 13 9- 1 (f)(3)b. in order to redevelop with a 4,069 square 8 foot expansion. 9 10 LDC Section 139-1(f)(3)b. 11 Redevelopment with an Expansion. Each redevelopment project not exempted by subsection (4), shall 12 mitigate 50% of the workforce housing demand created by the proposed redevelopment by one or a 13 combination of the methods identified in subsection (5). The workforce housing required for 14 nonresidential development when an existing use is expanded shall be calculated based on the 15 incremental increase is size of the existing use (net additional square footage). 16 17 In accordance with LDC Section 139-1(f)(4)7., the new development, redevelopment, remodeling, 18 repair, change to a different use category or cumulative expansion of a nonresidential use that does 19 not establish or increase the area of the nonresidential use by more than 1, 000 square feet of gross 20 floor area or area of use are exempt from the nonresidential inclusionary housing requirement. 21 22 The first 1,000 square feet of the expanded area shall be exempt from the nonresidential inclusionary 23 housing requirement (4,049 sf less 1,000 sf). The required nonresidential inclusionary housing 24 mitigation required for the proposed development was calculated in accordance with the following 25 table: 26 27 Total Need Created bx Nonresidential Development Land Use Total Total In- Total Floor # of Units In Lieu Fee Category Housing Lieu Fee Area to be Required (50% of total Need per SF per SF Redeveloped in lieu fee) BOCC Staff Report File # 2026-025 Inclusionary Housing Waiver Request to BOCC Page 1 of 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (50% of total housin need) Governmental 0.000427 $38.28 3,069 SF 1, $58,740�.66 (rounded up from 0.66 per LDC The analysis described throughout this report is based on the plans submitted through Monroe County Building Permit # COMBLDG-2025-0002. I1 BACKGROUND INFORMATION: Location: Lower Sugarloaf Key near U.S. 1 Mile Marker 17, Gulf Side Address: 17145 and 17175 Overseas Highway Legal Description: Full legal description in application file Parcel Identification Number(s): 00117930-000100 & 00118480-000000 Property Owner: Monroe County Board of County Commissioners Applicant: Fortress Secured/Summit Construction Management Group, LLC Size of Site: 35,156 square feet (0.817 acres) total, including 28,428 square feet (0.653 acres) of upland per survey Land Use Districts: Suburban Commercial (SC) and Native Area (NA) Future Land Use Map (FLUM) Designations: Public Facilities (PF)m Mixed Use/Commercial (MC), and Residential Conservation (RC) Tier Designation: III (Infill Area) Flood Zone: AE 11 Existing Uses: Public Building/Use (Fire Station) Existing Vegetation / Habitat: Impervious Surface and Mangrove Community Character of Immediate Vicinity: Sugarloaf Lodge (Hotel, Commercial Retail, Office), Mangroves, Residences BOCC Staff Report File # 2026-025 Inclusionary Housing Waiver Request to BOCC Page 2 of 9 I Subject Property (outlined in blue) (2025 Aerial) 3 111 RELEVANT PRIOR COUNTY ACTIONS: 4 5 17175 Overseas Highway 6 The permit history of this parcel indicates continued use as a fire station since the 1960s. 7 8 On April 13, 2015, the Monroe County Planning and Environmental Resources Department issued a 9 Letter of Understanding regarding developing a stealth tower on the Property (File # 2015-025). 10 11 On December 05, 2018, the Sixteenth Judicial Circuit Judge Timothy Koenig ruled that a lease 12 agreement between the Sugarloaf Volunteer Fire Department and a cell tower company was void by 13 virtue of the department's failure to comply with Florida's Government in the Sunshine Law. Monroe 14 County challenged the validity of the lease agreement in order to clear the way for the Sugarloaf 15 Volunteer Fire Department to donate the property to the County so a needed new fire station can be 16 built on the Property. 17 18 On July 17, 2024, the Monroe County Board of County Commissioners approved Resolution No. 239- 19 224, acknowledging the receipt of an "unsolicited proposal to construct a new fire station" by Fortress 20 Secured, LLC, and "finds that the plans of Fortress Secured for the new fire station will result in the 21 timely acquisition, design and construction of the project inasmuch as the design thereof is largely 22 completed, the structure of the development resolves underlying litigation between the Sugarloaf 23 Volunteer Fire Department and Sugarloaf Wi-Fi, Incorporated to permit acquisition of the site by 24 Monroe County from the Sugarloaf Volunteer Fire Department for construction of the fire station and 25 facilitates the construction of a modern facility for the delivery of firefighting and emergency services 26 in a more timely manner than traditional project delivery methods." 27 28 On August 29, 2024, the Monroe County Clerk of Court recorded in Book 3290, Page 1819, of the 29 Public Records of Monroe County, Florida, a Special Warranty Deed for the transfer of ownership of 30 a part of Government Lot 3, Section 34, Township 66 South, Range 27 East, between The Sugarloaf 31 Key Volunteer Fire Department, Grantor, and Monroe County, Florida, Grantee. 32 33 17145 Overseas Highway 34 On December 07, 2022, the Monroe County Board of County Commissioners approved Resolution No. 35 452-2022 "requesting that the Florida Department of Transportation (FDOT) convey that portion of 36 U.S. 1 (Florida State Route 5) right-of-way (as described in Exhibit 5) to Monroe County to 37 accommodate the construction of a new fire station on Sugarloaf Key for the public purpose use and 38 accepting the transfer thereof." 39 40 On August 01, 2023, the Monroe County Clerk of Court recorded in Book 3236, Page 1578, of the 41 Public Records of Monroe County, Florida, a Quitclaim Deed (Public Purpose) for the transfer of 42 ownership of a portion of the right of way of State Road 5 as per Deed Book G-6, Page 42, and as 43 shown on Florida. Department of Transportation Right of Way Map, Section 90020, lying in 44 Government Lot 3, Section 34, Township 67 South, Rage 27 East, between the State of Florida 45 Department of Transportation, Grantor, and Monroe County, Florida, Grantee. 46 47 17175 and 17145 Overseas Highway (aggregated for purposes of development) 48 On April 29, 2025, the Monroe County Building Department accepted permit application COMBLDG- 49 2025-0002 for a replacement fire station. 50 51 On January 29, 2026, the Monroe County Planning Commission approved Resolution No. PO4-26 52 granting variances to access standards, bufferyard standards, fence height requirements, and off-street 53 parking requirements, for the redevelopment of a fire station on the Property (File # 2023-189). BOCC Staff Report File # 2026-025 Inclusionary Housing Waiver Request to BOCC Page 3 of 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 IV REVIEW OF APPLICATION: The applicant is proposing the redevelopment of a fire station with a 4,069 square foot expansion (Sugarloaf Key Fire Rescue Station No. 10), a governmental use. A snapshot of the proposed development plan is pictured below. —?2✓r4W 9W. FT � o� o pn t , r'mo rc.4419WB:lain � m w- ye w9:19 1 _.... a a R i 0A'.& XIn91WMMAM 11 WAERMAII WORM A'IEpJPHdIiMfl iR'AYIELM1FtlCE� ----..�.w.Nrctiy..wm�.A'I�,a. — --- hi,arc�rci7nf'oFsr� — ---- ---- -- ----- ---- --- -- -- — In accordance with LDC Section 139-1(f)(4)7., the new development, redevelopment, remodeling, repair, change to a different use category or cumulative expansion of a nonresidential use that does not establish or increase the area of the nonresidential use by more than 1, 000 square, feet of gross floor area or area of use are exemptfrom the nonresidential inclusionary housing requirement. BOCC Staff Report File # 2026-025 Inclusionary Housing Waiver Request to BOCC Page 4 of 9 2 In accordance with LDC Section 139-1(f)(3)b., the expansion of 3,069 square feet of a governmental 3 use/structure generates the need for 1.31 affordable dwelling units based upon the 'Affordable Workforce 4 Housing Support Study for Non -Residential Development,' prepared by Clarion Associates, LLC, prepared 5 in June 2017. 7 Each redevelopment project not exempted by subsection (4), shall mitigate 50% of the workforce housing 8 demand created by the proposed redevelopment by one or a combination of the methods identified in 9 subsection (5). The applicant's mitigation requirement, should the applicant choose to comply by the 10 construction of affordable dwelling units (either on or off site) would be one (1) affordable dwelling unit 11 (rounded up from 0.66) or payment of the in -lieu fee equivalent, which is $58,740.66. 12 13 All nonresidential uses not exempted shall mitigate the demand for workforce housing created by the 14 proposed development or redevelopment by one or a combination of the methods identified below: 15 16 1. The construction of workforce housing dwelling units on the site of the development project. The 17 workforce housing dwelling units shall meet the County's affordable housing restrictions as 18 specified in Section 139-1(b) and (c), for a period not less than 99 years; 19 2. The construction of workforce housing dwelling units off -site of the development project but within 20 a 15 mile radius of the nonresidential development/ redevelopment. The workforce housing 21 dwelling units shall meet the County's affordable housing restrictions as specified in Section 139- 22 1(b) and (c), for a period not less than 99 years; 23 3. The deed -restriction of existing dwelling units within a 15 mile radius of the nonresidential 24 development/redevelopment. The workforce housing dwelling units meet the County's affordable 25 housing restrictions as specified in Section 139-1(b) and (c), for a period not less than 99 years; 26 4. The donation of land to the County, upon the acceptance of the BOCC of a proposed parcel or 27 parcels, may satisfy the requirements of this subsection by donating one (1) IS or URM zoned 28 platted lot for each workforce housing unit required but not provided through actual construction 29 or in -lieu fees (or a Tier III parcel or parcels of land zoned other than IS or URM as long as the 30 donated parcel(s) have the appropriate density available to support the development of the required 31 number of workforce units); and/or 32 5. The payment of a fee in -lieu for the inclusionary housing requirement for all or a percentage of the 33 workforce housing units required. The in -lieu fee shall be paid prior to issuance of a building permit 34 for the nonresidential development or redevelopment. All in -lieu fees shall be deposited into the 35 affordable housing trust fund and spent solely for the purposes allowed for that fund. 36 37 LDC Section 139-1(f) 38 (1) Purpose. Consistent with Goal 601 of the Comprehensive Plan, the purpose of this subsection (f) is to 39 ensure that the need for affordable housing is not exacerbated by nonresidential and transient development, 40 as follows: 41 a. Promote the health, safety and general welfare of the citizens of the County through the 42 implementation of the goals, objectives and policies of the 2030 Monroe County Comprehensive 43 Plan; and 44 b. To ensure that affordable housing opportunities are available throughout the entire community and 45 to maintain a balanced and sustainable local economy and the provision of essential services; and 46 c. To increase the supply of housing affordable to targeted income groups within the community; and 47 d. To provide a range of housing opportunities for those who work in Monroe County but may be 48 unable to pay market rents or market housing prices in the community; and 49 e. To increase the percentage of the workforce living locally and to provide housing opportunities for 50 lower income groups in order to meet the existing and anticipated housing needs of such persons 51 and to maintain a socio-economic mix in the community; and BOCC Staff Report File # 2026-025 Inclusionary Housing Waiver Request to BOCC Page 5 of 9 I f. To address the affordable workforce housing needs generated by the construction and expansion of 2 nonresidential/transient development, and the employment that occurs at the 3 nonresidential/transient development after the construction or expansion is completed; and 4 g. To ensure that affordable workforce housing is provided to the local workforce by the employee 5 generating development proportionate with the demand for affordable workforce housing the 6 development creates; and 7 h. To address market demands that show that the workforce in the County continues to require 8 moderately priced housing units, particularly those whose earnings range from 50 percent up to 9 120 percent of the County's median income (the target income groups); and 10 i. To stimulate the private sector production of affordable workforce housing and encourage the 11 widespread distribution of affordable workforce housing opportunities throughout all portions of 12 the community, including within new and expanding developments. 13 14 (2) Intent. Nonresidential and transient use development or redevelopment generates a direct impact on 15 housing for the workforce. The intent of this section is to ensure that there is an affordable supply of housing 16 for the local workforce. This will be accomplished by requiring workforce housing be provided for all new 17 development and redevelopment in an amount proportionate to the need for affordable workforce housing 18 that the nonresidential and transient use development or redevelopment creates. The intent of this subsection 19 is to permit nonresidential and transient use owners to continue to establish uses consistent with the current 20 building and safety standards and to ensure that as development and redevelopment occurs, comprehensive 21 plan policies regarding affordable housing are implemented. The technical support and analysis upon which 22 the nonresidential inclusionary housing requirements are established are based upon the 'Affordable 23 Workforce Housing Support Study for Non -Residential Development,' prepared by Clarion Associates, 24 LLC, prepared in June 2017. 25 26 27 LDC Section 139-1(f)(4)b: 28 29 The BOCC may reduce, adjust, or waive the requirements set forth in this subsection (f), based on 30 specific findings of fact, where the BOCC concludes, with respect to any applicant, that: 31 32 1. Strict application of the requirements would produce a result inconsistent with the Comprehensive 33 Plan or the purpose and intent of this subsection; 34 2. Due to the nature of the proposed nonresidential development, the development furthers 35 Comprehensive Plan policies and the purpose and intent of this subsection through means other 36 than strict compliance with the requirements set forth herein; 37 3. The applicant demonstrates an absence of any reasonable relationship between the impact of the 38 proposed nonresidential development and requirements of this subsection (f); 39 4. The strict application with the requirements set forth herein would improperly deprive or deny the 40 applicant of constitutional or statutory rights; or 41 5. In the event of a declared State of Local Emergency, the BOCC adopts a resolution recognizing 42 that the strict application of the nonresidential inclusionary requirements would not enhance nor 43 protect the health, safety and welfare of the community. 44 45 Any applicant who believes that he/she may be eligible for relief from the strict application of this 46 section may petition the BOCC for relief under this subsection (f)(4). Any petitioner for relief 47 hereunder shall provide evidentiary and legal justification for any reduction, adjustment or waiver 48 of any requirements under this section. The petitioner shall use generally accepted principles and 49 methods and verifiable local information and data, and other appropriate materials to support the 50 requested relief. 51 52 Per the applicant: BOCC Staff Report File # 2026-025 Inclusionary Housing Waiver Request to BOCC Page 6 of 9 The proposed use is the same as the existing use and consists of the redevellopinneint of the Monroe County Fire Rescue Sugarloaf Fire Station No, 10 on the same ,parcel. The existing fire rescue facility is outdated, has been condemned, and will be demolished to allow for construction Of a nevw, modern fire rescue facility. Monroe County and its developer/contractor, IFortiress/Suimirnit, interviewed Ihrlairk Hlerneyer, Deputy Chief of Fire Rescue Operations, to evalluate the opeirationaI characteristics of the existing and Iproposed repllaceirncnt fire station, Based on these flncilings, wlhHe the replacement facility will increase in building size, there are no pllans to increase staffing levels, operational capacity, or service deirnaind beyond existing conditions. The increase in building area is intended to (provide a modernized, code -compliant facility that improves efficiency, and functionality while supporting critical fire protection and emergency response services. The proposed station includes adequate living and training areas for the existing (level of fire peronnell, as well as an apparatus bay sized to accommodate required fire rescue vehicles and equipiment. The (project provides a clear public (benefit by allowing the County to replace an inadequate and obsolete fire rescue facility with a modlern station designed to enhance fire safety, emergency response capabilities, and overall Ipublic protection for the Sugarloaf Key community. The proposed redevelopment will not result in additional employees,, population growth, or increased dernaindl for affordaMe or workforce housiing. As such, there is no reasonable relationship or nexus between the limpacts of the project and the inclusionary (housing requirements of subsections 139-1(e) and 139-1(f). 4 See relevant Goals, Objectives, and Policies from the Comprehensive Plan below: 5 6 Objective 101.4: Monroe County shall regulate nonresidential development to maintain a balance of land 7 uses to serve the needs of the future population of Monroe County. 8 9 Goal 601: Monroe County shall adopt programs and policies to facilitate access by residents to adequate 10 and affordable housing that is safe, decent, and structurally sound, and that meets the needs of the 11 population based on type, tenure characteristics, unit size and individual preferences. 12 13 Policy 601.1.9: Monroe County shall maintain land development regulations which may include density 14 bonuses, impact fee waiver programs, and other possible regulations to encourage affordable 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 20 Objective 601.2: Monroe County shall adopt programs and policies to encourage housing of various 21 types, sizes and price ranges to meet the demands of current and future residents 22 23 Objective 601.3: Monroe County shall continue implementation efforts to eliminate substandard housing 24 and to preserve, conserve and enhance the existing housing stock, including historic structures and sites. BOCC Staff Report File # 2026-025 Inclusionary Housing Waiver Request to BOCC Page 7 of 9 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 Data and Analysis Supporting Ordinance 001-2021: 5 On February 17, 2021, the BOCC adopted Ordinance 001-2021, creating the nonresidential inclusionary 6 housing requirements in LDC Section 139-1. Prior to adoption, to develop inclusionary housing 7 requirements for the nonresidential sector to build workforce housing, the County contracted with Clarion 8 Associates and RRC Associates to complete the data and analysis necessary to establish the workforce 9 need generation and a rational nexus of need generation and affordable mitigation needs. This data was 10 completed and presented on November 14, 2017, to the BOCC (2016 Monroe County Employer Survey 11 Results by RRC Associates and 2017 Affordable Workforce Housing Support Study for Non-residential 12 Development by Clarion Associates). 13 14 From the report's executive c, ir"'')USi1 pG (,;tlal AT'I i:;r 14 Y Ir%i`0 I IrlE Sf DI I IA D V F'r s1 Vi 1:.:: 1 p. The need to provide affordable workforce hoaasirmg is c.reatecl by developurnent that dernands labor (employees). Becaruse non --residential development creates a demand for labor (eml:rloyees),, the need for affoudable workforce hrouSing it creates is determined in this Study. Non-residential development includes governmental, industrial, irrstitutionall, office, retail & irestaurant, tourist/recreation, hotel/inotel, and other development. Non- residential development creates a need for laJmor (the workforce) in two ways: (1) employees who construct the building(s), and (2) employees who work at the building after construction (Bost construction ernployees). Construction employees construct the inon- residen�tial buildings. All different types of employees work at the buildings after they are complete, depending on the type of business. The analysis shows that wages and salaries em-ned by a significant portion of Monroe Corunty's workforce that constructs the buildings or works in the businesses and related entities that make; up non -re sidentiap development are insufficient to allow these employees to obtain market housing at a price they can reasonably afford. After determining the number and type of employees than serve non-residen'tiap development (c:onstructporr and post -construction)„ and how many of these employees cannot reasonably afford (housing in Monroe County, the Study then identifies the quantity of workforce housing need heated by non-respclentpal development. Erased on this analysis, Table 1-2. summary of Affordable Workforce Housing Needs and Assistance Created By Non -Residential Development, outllines the workforce housing need generated by different types of non-residential development, both in terms of the need for workforce housing units (ora fraction thereof), and for monetary workforce housing 15 assistance (in hear fees) 16 17 The above analysis was done for individual types of nonresidential uses, including governmental uses, 18 the outcome of which was used to establish the inclusionary housing requirements adopted by the BOCC 19 in Ordinance 001-2021. Based on the data in the report, expansions of governmental uses do create a need 20 for affordable workforce housing. 21 22 23 V RECOMMENDATION: 24 25 The data and analysis used to create the nonresidential inclusionary housing requirements in Ordinance 26 001-2021 indicates a need for affordable and workforce housing created by governmental uses beyond what 27 the applicant is currently providing. 28 BOCC Staff Report File # 2026-025 Inclusionary Housing Waiver Request to BOCC Page 8 of 9 Staff recommends denial of the applicant's request to waive the nonresidential inclusionary housing requirement. BOCC Staff Report File # 2026-025 Inclusionary Housing Waiver Request to BOCC Page 9 of 9 MONROE COUNTY, FLORIDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS RESOLUTION NO. -2026 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST TO WAIVE THE NON- RESIDENTIAL INCLUSIONARY HOUSING REQUIREMENT FOR REDEVELOPMENT WITH AN EXPANSION LOCATED AT 17145 AND 17175 OVERSEAS HIGHWAY, SUGARLOAF KEY, MILE MARKER 17, CURRENTLY HAVING PARCEL IDENTIFICATION NUMBERS 00117930-000000 AND 00118480-000000. WHEREAS, on January 30, 2026, the Monroe County Planning and Environmental Resources Department received an application from Fortress Secured/Summit Construction Management Group, LLC (the "Applicant") on behalf of the Monroe County Board of County Commissioners to waive the inclusionary housing requirement for the redevelopment and 4,069 square foot expansion of a governmental use located at 17145 and 17175 Overseas Highway, Mile Marker 17, Sugarloaf Key ("subject property" or the "Property"); and WHEREAS, the subject property contains an existing governmental use that is to be redeveloped with a 4,069 square foot expansion; and WHEREAS, pursuant to LDC Section 139-1(f)(3)b. 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); and WHEREAS, in accordance with LDC Section 139-1(f)(4)7, the new development, redevelopment, remodeling, repair, change to a different use category or cumulative expansion of a nonresidential use that does not establish or increase the area of the nonresidential use by more than 1,000 square feet of gross floor area or area of use are exempt from the nonresidential inclusionary housing requirement; and WHEREAS, in accordance with LDC Section 139-1(f)(5)a, redevelopment with a 3,069 square foot addition for a governmental use generates the need for 1.31 affordable dwelling units with an in - lieu fee equivalent of $117,481.32, based upon the 'Affordable Workforce Housing Support Study for Non -Residential Development,' prepared by Clarion Associates, LLC in June 2017; and WHEREAS, 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 0.66) or payment of the in -lieu fee equivalent, which is $58,740.66; and 1 of 3 WHEREAS, 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 requested relief, and WHEREAS, 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 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 WHEREAS, at a regularly scheduled meeting held on February 18, 2026, the Monroe County Board of County Commissioners ("BOCC" "Monroe County", "Board", or the "County") held a duly noticed public hearing, considered the professional staff report, and the subject request; and WHEREAS, based upon the documentation submitted and information provided, the BOCC hereby makes the following findings of fact and conclusions of law: 1. Following fact -intensive analysis of the particular application in this specific matter, it is found that strict application of the requirements would produce a result inconsistent with the Comprehensive Plan or the purpose and intent of this subsection; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. The foregoing findings of fact and conclusions of law are true and correct and are hereby incorporated as if fully set forth herein. Section 2. The subject request to be excepted from the subject Monroe County Land Development Code inclusionary affordable -employee housing requirement(s) is/are hereby granted. Section 3. The interpretation of this Resolution, and all provisions of the Monroe County Code(s), Comprehensive Plan, and Florida Statutes whose interpretation arise out of, relate to, or are interpreted in connection with this Resolution, shall be construed in favor of the Monroe County Board of County Commissioners (`BOCC", "Monroe County", "Board", or the "County"), and such interpretation(s) shall be entitled to great weight in adversarial administrative proceedings, at trial, and on appeal. 2 of 3 1 2 3 4 5 6 7 8 9 10 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Section 4. Non -Reliance by Third -Parties. No person, business entity, or non-profit organization may cite or rely upon this Resolution to enforce or attempt to enforce any third -party theories of relief, claims, entitlements, expectations, or benefits. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular public meeting held on this 18th day of February, 2026. (SEAL) ATTEST: KEVIN MADOK, CLERK in AS DEPUTY CLERK Mayor Michelle Lincoln Mayor Pro Tem David Rice Commissioner Craig Cates Commissioner James Scholl Commissioner Holly Merrill Raschein BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA 3 of 3 MAYOR MICHELLE LINCOLN P, R."I VIVA -P .: File #: UM ��11 "I .� Monroe County — Fire Department Sugarloaf Fortress Secured/Summit Construction Management Group, LLC Inclusionary Housing Exemp & Waiver Request to BOCC Sugarloaf 00117930-000100 00118480-000000 Additional Information added to File 2026-025 End of Additional File 2026-025 APPLICATION MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT 1l; ED + ZOLu—VL✓ r ram' MONROE COI .N"tV Inclusionary Housing Exemption and Waiver Request to the Monroe County Board of County Commissioners Monroe County Code Section 139-1(e)(3)b (Residential Inclusionary) and/or 139-1(f)(4)b (Nonresidential Inclusionary) rawuwi�i� ��umuiuiuiumu�:mumauuuuuuti�tuu�uiui�iuiui IIIIIIIommoNNNNNWM Inclusionary (lousing Exemption Application Fee: $l,l 10.00 Date of Application: 01 26 / 26 Month Day Year Applicant / Agent Authorized to Act for Property Owner: (Agents must provide notarized authorization from all property owners.) Fortress Secured/Summit Construction Management Group, LLC Ty Maxey/Chris Klotz Applicant (Name of Person, Business or Organization) Submitting this Application 3603 Beachwood Court, Jacksonville, FL 32224 Mailing Address (Street, City, State and Zip Code) Work Phone Home Phone Cell Phone Name of Person ty.maxey@summitcmgroup.com Email Address Property Owner / Petitioner: (Business/Corp must include documents showing rho has legal authorimd to sign.) Monroe County Florida Wendy Carter (Name/Entity) Contact Person 1100 Simonton Street, Key West, FL 33040 Mailing Address (Street, City, State and Zip Code) 786-929-5657 Work Phone Home Phone Cell Phone Legal Description of Property: (If in metes and hounds, attach legal description on separate sheet.) 34 66 27 Sugarloaf Key Pt Lot 3 ,r'em ,q, �.'yyW","o'., Block Lot Subdivision 00117930-00010 and 00118480-00000 Real Estate (RE) Number / Parcel ID Number 17175 Overseas Hwy, Sugarloaf Key, FL 33042 Street Address (Street, City, State & Zip Code) Carter -Wendy@ monroecou nty-fl.gov Email Address Sugarloaf Key --- ------------------------------------ Key 1151131 and 9101379 Alternate Key Number 17 Approximate Mile Marker Page 1 of 4 Last Revised Maui^cis 2023 Land Use (Zoning) District Designation(s) of Property(s): ,Suburban Cornmercial (SC) and Native Area (NA) Present Land Use(s) of Property(s): Monroe County Fire Rescue (Sugarloaf Key Fire Rescue Station No. 10) . .... ..... ............ . ............. .. Proposed Land Use of Property(s): Monroe County Fire ReSCUe (Sugarloaf Key Fire Rescue Station No. 10) Current inclusionary housing requirement: 0.655 units or $58,740.66 . ... . .......... Pursuant to Mouroe County Code Section 139-1(e)(3)b (Residential Inclusionary) and/or 139-1(t)(4)b (Nonresidential Inclusionary), the BOCC is authorized to reduce, adjust or waive the requirements based on the following criteria: The MY -IC, may reduce, adJust, or waive the requirements set forth in subsections 139-1 (e) and/or 139-1(f) where, based on specific findings of fact, the BOC(, COnClUdes, with respect to any developer or property owner, that: 1. Strict application of the requirements would produce as result inconsistent with the Cornprchensive Plan or the purpose and intent ofthis subsection; 2. Due to the nature of' the proposed residential/nonresidential development, the development frit1hers ornprehensive Man policies and the purpose and intent of this subsection through means other than strict compliance with the requirements set fiorth herein; I The developer or propeily owner demonstrates an absence of any reasonable relationship between the impact of the propose(] residential/nonresidential development and requirements of' subsection 139- 1 (e) and/or 139-1(f); 4, The strictapplication with the requirements set forth herein would improperly deprive or deny the developer or properl'y owner of constitutional or statutory rights; or S. In the event of declared State of Local Ernergency, the BOC(, adopts a. resolution recognizing that the strict application of' the i-esidetitial/tioiii-esideiitiaI inclusionary requirements would not enhance nor protect the health, safety and well'are of the community. Any developer or property owner who believ°es that Ire/she may be eligible for rclief from the strict application oil' the inclusionary housing section may, petition the II(XV for relief. AnIv lwlifionerfi)r refi(fhereuneler shall provide evitlentiary an(l any ret'luction, at#uslment or waiver of anly requirenlenis, Provide reason(s) for exemption or waiver request (attach additional sheets if necessary) based oil tile Monroe County Code Section 139-t(e)(3)b and/or 139-1(1)(4)1): Page 2 o1`4 L'o"I I'Zovised March 20,23 APPLICATION All of the following must be submitted in order ter have a complete application submittal: (Please check as you attach each required itern to the application) Complete application (unaltered an(] unbound) Correct fee (check or money order to Aknroe (7ounlY Planning & Environmenol Resources) Proof of ownersbil) (i.e. Warranty Deed) If applicable, the following must be submitted in order to have it complete application submittal: IQ Notarized Agent Autbori/ation Letter (note- authorization is needed from all owner(s) of the Subject property) ❑ Copy, of any I-etters of Understanding pertaining to the proposed prr�jeet Copy ol'any recorded conditional rise pennit and any previous modification approvals Copy ol'the most recently approved site plan Is there a pending code enforcement proceeding involving all or a portion of this propelly? 0 Yes ®No C.ode Case file # --- .— Describe the enforcement proceedingsand if this application is being submitted tea correctt the violation: If deemed necessary to complete a full review of the application, the Planning & Environmental Resources Department reserves the right to request additional information. Page 3 of 4 L��O Rc�kvd Vlarch -1013 A 11111AC ATI() N The appi icant/ow tier hereby acknowledges and agrees that any stafi'discussions Or negotiations about conditions ol'approval are preliminary only, and are not final, nor are they the specific conditions or demands required to gain approval of the application, unless tile conditions or demands are actually included in writing in tile final development order or the final denial determination or order. By signing this application, the owner of' the subject property authorizes the Monroe ("'outity planning & Environmental Resources staff to conduct all necessary site visits and inspections on the subject property. 1, the Applicant, certity that I am larniliar with the information contained in this application, and that, to the best of'my knowledge winch information is true, complete and accurate. A661j�r Signature AA4q4kant Date: STATF'OF COUN'ry' oj-, DAM - Sworn to and subscribed betore rne, by means of either physical presence OR 0 online riotarization, Oil day of'..... ,0..... by (PRINTNAM F, 0I`PE1'RS(.)N �Z Who is l persoually known to me OR 13 produced identific,�� ' 11. c"I" SIGNATURE OF NOTA RY PUBLIC as (IY F-10FIDPRODUCED) to of Florida Alison West .... �Natary Public State of Florida MY COMMission HH 505150 Expke$ 7/1312028 PRINT'. TYPE OR STA C M37 I NIA) NAMF 01' NOTARY PUBLIC MY COMMISSION FAPIRF'S: Send complete application package to: Monroe Coun", Planning & Environmental lZesources Department Marathon Government Center 2798 Overseas Highway, Suite 400 Marathon, FL 33050 Page 4 of 4 Losl fete 0icd Almvh'2023 Date of Authorization: 01 /22 /26 Month Day Year I hereby authorize Fortress Secured/Summit Construction Management Group be listed as authorized agel (Print Name of Agent) representing Monroe County for the application submission (Print Name of Property Owner(s) the Appliesugs)) of Inclusionary Housing Exemption & Waiver Request I to the Monroe County BOCC (List the Name and Type of applications for the authorization) for the Property described as: (if in metes and bounds, attach legal description on separate sheet) am Lot Block Subdivision Key (Island) 00117930-00010 and 00118480-00000 1151131 and 9101379 Real Estate (RE) / Parcel ID Number Alternate Key Number 17175 Overseas Hwy, Sugarloaf Key, FL 33042 17 �t—reetAddWss '& Zip Code) A pprox im-"ate—M-'-'tT-c'*-"""M-'-Fa'"-r""k... Authorized Agent Contact Information: Ty Maxey, 3603 Beachwood Court, Jacksonville, FL 32224 Mailing Address (Street, City, State and Zip Code) 813-805-7300 ty.maxey@summitcmgroup.com r MID Mo- - 4 NERSE-112, M, r1trME011 ME This authorization becomes effective on the date this affidavit is notarized and shall remain in effect until terminated by the undersigned. 'rhis authorization acts as a durable power of attorney only for the purposes stated. The undersigned understands the risks and liabilities involved in the granting of this agency and accepts full responsibility for any and all of the actions of the agent named herein related to the processing of the services requested, application(s) andlor the acquisition of approvals/permits for the aforementioned applicant. The applicant(s) hereby indemnifies and holds harmless Monroe County, its officers, agents and employees for any damage to applicant caused by its agent or arising from this agency authorization, Note: Agents nrjtstrov a notarize whorization ftent ALL current owners. Signature of Property Owner: A7Z7 rA�� Date: — tl 7 Sword to and subscribed before me, by means of citherV(physical presence OR 0 online notarization, m (Pi�NT�NAME F PER�SON AKING TSTATEMENT) Who isO�ersonally known to me OR 0 produced identification. E V�"NOTARY PUBLIC M. (TYPE OF ID PROVIDED) Lee- e'-evede) e NP OR P ST PRINT, I AMP COMMISSIONED NAME OF NOTARY PUBLIC iUY COMMISSION EXPIRES: hist Rca ised Marcli 2023 4 1% TAMMY L ACEVEW V 10=01- July 1k 20" ------------ I The Monroie County Florida BOCC may reduce, adjust, or waive the requirements set forth subsections 139-1(e) andlor 139-1(f) where, based on r• findings of fact, the BO concludes, with respect to any developer or property owner, that: The developer or property owner demonstrates ► absence of any reasonable relationsh• ketwez-frtfre ► subsection • (e) andlor The proposed use is the same as the existing use and consists of the redevelopment of the Monroe County Fire Rescue Sugarloaf Fire Station No. 10 on the same parcel. The existing fire rescue facility is outdated, has been condemned, and will be demolished to allow for construction of a new, modern fire rescue facility. Monroe County and its developer/contractor, Fortress/Summit, interviewed Mark Herneyer, Deputy Chief of Fire Rescue Operations, to evaluate the operational characteristics of the existing and proposed replacement fire station. Based on these findings, while the replacement facility will increase in building size, there are no plans to increase staffing levels, operational capacity, or service demand beyond existing conditions. The increase in building area is intended to provide a modernized, code -compliant facility that improves efficiency and functionality while supporting critical fire protection and emergency response services. The proposed station includes adequate living and training areas for the existing level of fire personnel, as well as an apparatus bay sized to accommodate required fire rescue vehicles and equipment. The project provides a clear public benefit by allowing the County to replace an inadequate and obsolete fire rescue facility with a modern station designed to enhance fire safety, emergency response capabilities, and overall public protection for the Sugarloaf Key community. The proposed redevelopment will not result in additional employees, population growth, or increased demand for affordable or workforce housing. As such, there is no reasonable relationship or nexus between the impacts of the project and the inclusionary housing requirements of subsections 139-1(e) and 139-1(f). a , r A' /ry , , "nhPOO ' q +hliIYMAI Y' 46' 49 �* �� Iw AiSX' „�nR�b xl ✓' {I1i�Y !pi `. 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W w ww, u. ,ft— Aow _*.4.4 in, paw 44" ..A 5r«wr?;wn wtr+a*wara" kv"i±J"an awhl..w.am4xwaaww. " p [r" andn�W'�w"1 l k ..,p W 7n kfls a"r"#i'irar A' 1 r..W Ptl n xM C'�«p+mmMi,W x Miw1 „y Yr q � 1 " e qna� 4 4 Y r« ✓a a d, p k„wr +r. r .'�d�r ", t "r«,A w«euwx.a �w I N +a ..d, r«aqa Nwn�r+ aerwlu� ,»." e .yM„ w 4 t �wl+n s+,aMw V +w dp .*r,Y v M 9r ,,r" p „w e, w«" a1'aM a?g* x+ tlR rrM Xwr r+un 6 Ya.n tlwvw awlw•rmbp yv xl mrt arww r+wyp +.+, w. W16AIM .. k. ,W ..1 rr "r. r x «wn rx,ra n.,r W...4 M. tya m+ nrw h w "w wr t , �µ ry �P +. t ^� del"a �rcwdrrprrp'Adldrvelwa+tl��"^.• "r''�" " r4 a". f rn w , !d and Recorded in Official Records of MONROE COUNTY KEVIN MADOK C: $78.00 Dmd Doc Stamp S0.00 DocuSign Envelope ID* BF:2F6lA3-WW-436B-BSC1-5C31FF341A9C Sec/Job No. SRNo. county Parcel No QUITCLAIM DEED (Public Purpose) 415230-2 90020 M TfUS QL71TCLAIM DEED, made this —9Z—day oby and between the STATE OF FLORIDA DEPARTMENT OF T1K*&3-0k4k4M,&~ 11101 Avenue, Miami, Florida 33172, to MONROE COUNTY, FLORIDA ("County" or "Grantee"), whose address is I 100 SimontonStreet, Key West, Florida 33040. k'A'!J 9 110 W—S"11-1 WHEREAS, said land hereinafter described in Exhibit "Aattached hereto and made a part hereof (hereinafter the "Property") was previously acquired by the Department for state highway purposes; WHEREAS, the Department has agreed to quitclaim the Property to the County without payment of monetary consideration by the County, on the condition that the Property be used solely for a public purpose as part of a fire station facility, ..... .............. UWr11-rP*1LYX LLIU TtPIVU Litt; or failure to exercise the right of reverter are hereby waived. �w 1 11 iii 111�iwIf!Y 1• I � I �,�gaigri�i��i I 1111 1 1515 ii 11'' right, title and interest which the Department has in and to the Property (which is situated in Monroe County, Florida, and described in attached Exhibit "A') to be used solely for a public purpose as part of a fire station facility, and subject to the herein described right 4f reverter. DocuSign Erwelope 11): SE2FSIA3468"368-86Ci-6MlFF341AOC Item/Segment No.: 415230-2 See/Job No. 90020 SRNo. 5 (US 1) MM106 Managing District Six County Monroe County Parcel No. 7364 affixed, attested by its Executive Secretary, on the date first above written. By. (print name) Stom L MiUm EL District Six Secretary ATTEST: FAZill (print nanieTJA�otwr"4��-- (Affix Department Seal) The foregoing instrumenk t was acnob wledged before me •y means of physical presence or [ ) onfine on notarizati, this gB_day of XLX.S 20,23 by Stacy L. Miller, P.E., District Seeocetwy, State of Florida Department of Transportation, who isTMonally known to me or who has produced as identification. Notary Public, State of Florida Print Name: Commission No: rwin My Commission Expires: RN' miry PubtIC - State of Florida Commission # HH 22672 MY COMM Expires Jul 22, 2024 dcw+ded through National Notary Assa, DowSign EnvekVe 10: Brz2F8IA3-688C-436B-B6C1-6C31FF34IAgC The foregoing conveyance was approved pursuant to Resolution No. 452-2022 of the Board of County Commission of Monroe County, Florida, passed and adopted on December 7, 2022. A copy of said Resolution is attached hereto as Exhibit i lk1461� !1011k- OF I TOOK!! I X�= 321711 ar"i 1: 11 � 111111111 11111 11 1 � I I I I � I i Jill 1 11 THIS CONVEYANCE IS made subject to any unpaid taxes, assessments, liens, reservations, utilities, easements, and encumbrances of any bind which may be in place, which the Grantee hereunder and herein assumes. MiM -11 , . 0 "Al 0 010110" 0 1 4 OMM go to mine and develop the same. IN WITNESS WHEREOF, the State of Florida Department of Transportation has caused these presents to be signed 1 4 4&%17- 10-:1 �4 rowowmllpj &To- qgg�j qkmo 1 CC, 45--Wilill, 04 A 9 *w A-ju�*&x a0v?m vsAmilic-i 4 ws' 45 Executive Secretary and has hereunto affixed its seal on the made date above written. ClocuBlgn Envelope 10. B1 2F61 8C-4368 1- 1FF'34l C A portion of the Exlstln Right of way of State Road 5 Ov as Hlohwsy ! U.S. Hl hw y No.11 per [lead book 4, Pape 42 and as shown on Florida C?a nt of Transportation ght of Way Map, St ra 0, to Government tart 3. Se kin 3, Township 67 South. Range "3"f . Su f Key. Monroe County, Florida, particular crib t as follows: R Containing 10,336 Square Feet or 0.237 ACRES, more or less. SURVEYOR'S NOTES ) descrlptloo for Parcel 7364 was prepared by Manual G. Vora ar Am. as directed by Monroe County. Basejlne and Right of way One are as per Florlde Department of Transportation Right of Way Map for SR-S, Section 90020« • The beartngs shown hereon are referenced to the North American Datum of 1903'. A bearing of N56*Ig1fi30E was established Mang the 0asellne of S.R«5 (Overseas Highway I U& fthway 010.11. Lands shown hereon were not abstraOAd by this office For Fhf Way is of record, ownership b ments, deed rostrictions, or murphy act . this be o d t appropriate vedfcaRoan, • Additions and/or deletions to survey mapps, es or reports by any party other than the signing party are prohibited without the written consent of the slgning parity. • This document consists of two (2) sheets and shall not be considered bail, valid, and complete unless each shalt Is attached to the other. Not valid without the signature and original raised seat of a Florida Lkc+ensed Surveyor and mapper. . I herotry certlthat the Sketch and legal Des tion was prepared under my direction and that sold Sketch and Legal llsscr n is In compliance wtt Chapter 1>17, FWda Admi ative Code, to Section 472.027, Florida Statutss« pursuant Ledeno sawing OAS . officlat Records Book ov, - Government P«B. - plat Book E. • East SX . State Road S. South PGA Page SEC. - Section P«o.C. Paint of Commencement TWP, Township PAB. - Point of Beginning RGE. - Ranppa p Bn d Book EXIST" Erdsting C"T o ment L.A. t.trnI Access STA. Sled LT. • Left of Way Rip - saw - Ce a floe» . :nor, RAT - t De of Transportation i Idontil�t Nurntaor " FDOT" S.F,W,m.M Florida artmant • South Florida Water management District -Par T F W Trustees of the internal Improvement Trust Fund i ¢ergg This document consists of two (2) sheets and neither shall be considered full, valid, and complete without the other, Prepared bye Manuel G. Vera & Assoc. Inc. 13960 SW 47th Street Miami, FI 33175 (LB 24391 Drawn: CEA Data! 1210512022 Checked: CEA Date! 1210512022 a Monroe County ROMISeo No.: NIA Sec/Job No,: 90020 FAP No,, IJIA S.R. No.a 9 I overseas Highway County! Monroe Parcor No"a 7364 s a« AMOR M TE Sheet I of 2 DocuSign Envelope M DocuSignw.l i F ».I 0 9 EXHIBIT SKETCH OF " C" DESCRIPTION COUNTY GOVERNMENT LOT 3, SECTIONN 67 SOUTH, bw wk� Y 1 F I"t, 1d xt w w � r i M Ill M• • w ai INTERSECTION OF SUGARLOAF BOULEVARD AND BASELINE Of SURVEY Of SK-5 This document consists of two (2) sheets and neither shall be considered full, 0 Valid, and complete without the other. POG Prepared by: Manuel O, Vera 6 Assoc Inc. 13960 SW 47th Street Mleml, F1 33175 ILO 2439) Drawn: CEA Gate: 1210512022 Chocked- CEA Dom 1210512022 Monroe County tte /$eg No..; N/A Sedlob No.: 90020 FAP No,: N/A S,R, No,: 5 / Overseas Highway Count : Monroe Parce No.: 7364 M. r ren M N• srx:� F 1 �M� moo # # # 9V !UM a 3 'k4w Vol I D1 114KII WHEREAS, on or about July 20, 1966, the Sugarloaf Volunteer Fire Wepartment, Incorporated (SVFD) was created to provide fire suppression �terviees for the residents and businesses on Sugirloaf Key and the surrounding community; and WHEREAS, on August 31, 1968 and March 15, 1973, the SVFD was the purpose of constructing the Sugarloaf Fire Station; and WHEREAS, on or about October 30,1967, construction of the Sugarloaf Fire Station was completed; and WHEREAS, on or about August 15, 2012, due to the need to provide Advanced life Support Services, the SVFl) and COLNTY reached a mutual Fire Rescue; and WHEREAS, SVFD and the COUNTY have been involved in litigation in Sugarloqf Wi-Fi, Incorporated v. Sugarloaf Fire Department, Incorporated, Kevin Gerard, Randall Livingston, et. at., Case No, 2017- CA-0020-K and Board of County Commissioners q Mon Co My v. .f roe u Sugarloaf Volunteer Fire Department & Sugarloaf Wi-Fi, Incorporated, 2017- CA-063 1; and WHEREAS, in an effort to resolve certain issues arising from this liti6i61a, -'WF'F ka"WmdAt oviw-'YAS PnjvP-^L- the COUNTY and the COUNTY is pursuing the construction of a new fire station on Sugarloaf Key utzing the process ad forth in Section 255,065, Florida Statutes; an1 DocuSign Envelope ID. DE2F69A3-668C-4368-BSCI-5G31FF341AOC DocuSVn Envelope 10: 63EO75BC-4474-4EC9-99W770DOAC046CC WHEREAS, the existing SVFD building is both inadequate to accommodate the needs of a professionally staffed fire station and unsuitable to house modem fire fighting and emergency services equipment and vehicles; and WHEREAS, the proposal received by the COUNTY to construct a new fire station pursuant to Section 255.065, Florida Statutes to assure professional firefighting and emergency services capability envisions a larger facility that requires additional frontage along the U.S. I (Florida State Route 5) Right -of -Way to comply with the Monroe County Land Development Regulations; and WHEREAS, in accordance with Section 337.25(4)(b), Florida Statutes, since the property is to be used for a public purpose, then property may be conveyed without consideration to the COUNTY; and WHEREAS, in accordance with FDOT's Right of Way Manual, Property Management regarding Disposal of Surplus Real Property (Section 10.5.5, Conveyances to Governmental Entities), the COUNTY, as the acquiring governmental entity shall pay all cost associated with the closing (if any are incurred) and FDOT shall prepare all necessary documents; and WHEREAS, the parties are authorized pursuant to Section 125.01(m) and Section 334.044(6), Florida Statutes to take such action; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Monroe County, Florida, that: SECTION 1: The Monroe County Board of County Commissioners requests that the FDOT convey the parcel described in Exhibit A to Monroe County for the continued public purpose use as the Sugarloaf Fire Station for no consideration and hereby authorizes the County Mayor to execute. this Resolution on behalf of Monroe County, and to execute any documents needed to support and complete and accept conveyance of the Property from the FDOT to Monroe County. SECTION 2: Upon execution, this Resolution shall be effective and conveyed to the FDOT, District VI, R/W/ Administration, 1000 NW 1111 Avenue, Room 6105-B, Miami, FL 33172 to be utilized as needed for conveyance of the parcel described in Exhibit A, PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting of said board on the 7" day of December, A.D., 2022. Mayor Craig Cates yes Mayor Pro Tem Holly Merrill Raschein —Yes Commissioner Michele Lincoln ye's Commissioner James K. Scholl yes Commissioner David Rice In IlTATE OF FLORIDA COUNTY OF MONROE This copy Is a Trus, Copy Ticcol OrIll(vol on File In this Office. Wft"s my ho,"'d afto Official 8"1 And that some Is In full foros and of A.D., 20 KEVIN MADOK, CPA lork 01 Dult court By: Deputy Clerk 191 r"MIC I 'I.OHS J10INIOns AM I SVa3SNRAO St LZ I A3 >i ivoisvens OL# NOIIVIS 3SIA AlNnoo 9ONNOW CIA 9 14 u m g"g AT I3AFIS NAA00 .... ...... "Vi , ra , r; Ad < E, �e 'Z 4vmc u sgsow; dvo]nvv7ns AmH M# NORVO 3Md Mnoo 3OHNOW Ow —T— AM, -ES —LULL] A x I, xY Loh whi ago i I, Its I'My win moo! is 1 !1 ill !lull 1n 51pi I In H.", 9 js "Mf 1 Rid Blain! RUN! H, Mum 1 . J . ............. Kbj[;11111��j MIPI-JS M M M MMAAM N Is Hu Nil BMW I INA! son! I mA ;W�' Ngh WHISH PIA, HTS 11 111 05 Munal Ulm HIM W But I ME NO .. ......... aank�alrt to 28 Liz Yongue From: Gomez-Krystal < Gomez- Krystal@MonroeCounty-FL.Gov> Sent: Wednesday, February 11, 2026 10:28 AM To: Ballard -Lindsey; County Commissioners and Aides; Kevin Madok; Pamela G. Hancock; Liz Yongue; InternalAudit; Agenda Item Review Team; MGT; Francis -Lourdes; Gastesi- Roman; Gongre-Mark; Maddox -Natalie; Moeller -Mary; Moore -Deborah; Proffitt - Maureen; Senior Management Team and Aides; Tamborski-Cheri; Tolpin-Devin; Wilson -Kevin Cc: Shillinger-Bob; Williams-Jethon; Cioffari-Cheryl; Livengood-Kristen; Rubio -Suzanne; Pam Radloff; County -Attorney; Allen -John; Danise Henriquez; Hurley -Christine; Rosch- Mark; Gambuzza-Dina; Beyers-John; InternalAudit; Valcheva-Svilena; Powell -Barbara; Guerra -Cynthia; Brynn Morey; Gomez-Krystal Subject: Item R6 BOCC 02/18/2026 REVISED ITEM WORDING Attachments: AIS 0371.docx Categories: Orange Category Good morning, Please be advised that the wording of the agenda item for R6 has been revised. "A Public Hearing to Consider a Reauest from Fortress Secured/Summit Construction Management Group. LLC, to Waive the Non -Residential Inclusionary Housing Requirement for Redevelopment with an Expansion of a Fire Station on Parcels ofLand Owned by Monroe County and Located at 17145 and 17175 Overseas Highway, Sugarloaf Key, Monroe County, Florida, currently having Parcel Identification Numbers 00117930- 000000 and 00118480-000000. Sincerely, Executive Administrator Monroe County Administrator's Office 1100 Simonton Street, Suite 2-205 Key West, FL 33040 (305)292-4441 (Office) (305)850-8694 (Cell) Courier Stop #1 Notary Public w. r o n r y e c_ u� n1y:�:V_e.gpy i».c z..- Y .�.. _rn groecou�_n�.Y..- .�..:.i» .Y. PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE COUNTY REGARDING COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT TO PUBLIC DISCLOSURE. COUNTY of MONROE The Florida Keys BOARD OF COUNTY COMMISSIONERS Mayor Michelle Lincoln, District 2 Mayor Pro Tem David Rice, District 4 Craig Cates, District 1 James K. Scholl, District 3 Holly Merrill Raschein, District 5 Regular Meeting February 18, 2026 Agenda Item Number:{{section.number}}{{item.number}} 26-0371 BULK ITEM: No DEPARTMENT: Planning and Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Devin Tolpin, Sr. Director Planning & Environmental Resources AGENDA ITEM WORDING: A Public Hearing to Consider a Request from Fortress Secured/Summit Construction Management Group, LLC, to Waive the Non -Residential Inclusionary Housing Requirement for Redevelopment with an Expansion of a Fire Station on Parcels of Land Owned by Monroe County and Located at 17145 and 17175 Overseas Highway, Sugarloaf Key, Monroe County, Florida, currently having Parcel Identification Numbers 00117930-000000 and 00118480-000000. ITEM BACKGROUND: Fortress Secured/Summit Construction Management Group, LLC, on behalf of the Monroe County Board of County Commissioners, has requested a waiver of the nonresidential inclusionary housing requirements in accordance with Monroe County Land Development Code (LDC) Section 139- 1 (f)(3)b, in order to redevelop and expand an existing fire station building by 4, 069 square feet (Sugarloaf Key Fire Rescue Station No. 10), on property located at 17145 and 17175 Overseas Highway, Sugarloaf Key, Monroe County, Florida, currently having Parcel Identification Numbers 00117930-000000 and 00118480-000000. Per LDC Section 139-1(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). In accordance with LDC Section 139-1(1)(4)7., the new development, redevelopment, remodeling, repair, change to a different use category or cumulative expansion of a nonresidential use that does not establish or increase the area of the nonresidential use by more than 1, 000 square feet of gross floor area or area of use are exempt from the nonresidential inclusionary housing requirement. The first 1,000 square feet of the expanded area shall be exempt from the nonresidential inclusionary housing requirement (4,049 sf less 1,000 sf). The required nonresidential inclusionary housing mitigation required for the proposed developmentwas calculated in accordance with the following table: Total Need Created by 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)' Governmental 0.000427 $38.28 3,069 SF 1 $58,740.66 (rounded up from 0.66 per L,DC) In accordance with LDC Section 139-1(f)(3)b., the expansion of 3,069 square feet of a governmental use/structure generates the need for 1.31 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 0.66) or payment of the in -lieu fee equivalent, which is $58,740.66. 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 pro] ect 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: a. 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 b. 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 c. To increase the supply of housing affordable to targeted income groups within the community; and d. 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 e. 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 f. 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 g. 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 h. 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 i. 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, adiust, or waive the requirements set forth in this subsection (f), 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: The proposed use is the same as the existing use and consists of the redevelopment of the K4nmnoe County Fire Rescue Sugarloaf Fire Station No. 10 on the same parcel. The existing fire rescue facility is outdated, has been condemned, and will be demolished to allow for construction gfanew, modern fire rescue facility. Monroe County and its developer/contractor, Fortress/Summit, interviewed mark Herneyer, Deputy Chief ofFire Rescue Operations, toevaluate the operational characteristics ofthe existing and proposed replacement fina station, Based on these findings, while the replacement facility will increase in building size, there are no plans to increase staffing levels, operational capacity, orservice demand beyond existing conditions. The increase inbuilding area is intended to provide a modernized, code -compliant facility that improves efficiency and functionality while supporting critical fire protection and emergency response services. The proposed station includes adequate living and training areas for the existing level offire personnel, aswell asanapparatus bay sized toaccommodate required fire rescue vehicles and equipment. The project provides a clear public benefit by allowing the County to replace an inadequate and obsolete fine rescue facility with a modern station designed to enhance fire safety, emergency response capabilities, and overall public protection for the Sugarloaf Key community. The proposed redevelopment will not result in oJcUhona} employees, population growth, or increased demand for affordable or workforce housing. As such, there is no reasonable relationship or nexus between the impacts of the project and the indusionary housing requirements ofsubsections 139-1(e) and 139-1(f). See relevant Goals, Objectives, and Policies from the Comprehensive Plan below: Objective 101.4: Monroe County shall regulate nonresidential development to maintain uhulmncc of land uses tnserve the needs ofthe future population ofMonroe Goal 601: Monroe County shall »d«»/ 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 inclusiooury housing and shall evaluate expanding the incluiooury 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 ofvarious sizes and price 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 001-2021, creating the nonresidential inclusionary housing requirements in LDC Section 139-1. Prior to adoption, to develop inclusionary housing requirements for the nonresidential sector to build workforce housing, the County contracted with Clarion Associates and RRC Associates to complete the data and analysis necessary to establish the workforce need generation and a rational nexus of need generation and affordable mitigation needs. This data was completed and presented on November 14, 2017, to the BOCC (2016 Monroe County Employer Survey Results by RRC Associates and 2017 Affordable Workforce Housing Support Study for Non-residential Development by Clarion Associates). From the report's executive summary (page 5): <,.. II'wii. lf.bl',A:G.11'�,r.9APsL E %A/'9!1 U!,,rll".wM1,oJl,I,EAILL,bLYYNftt',tdi1'.)E\IIAI., The need to provide affordable workforce housing is created by development that denundss labor (employees). Because non-residential dlevellopuaaent cueates a dernarnd for labor (ernpioyees), the need for affordable workforce housing it creates is cleterrnined in this Study. Non-residential development includes governnaental, industrial, irrstmtutioruall, office, retain & restaurant, tourist/recreation„ hotel/motel, And other development. Non- residential development creates a ineed for labor (the workforce) in two ways: (1) employees Who cxurastrrrc.t the Ilauilding(s)„ and (2) employees who work at the building after, construction (post constrerction employees). Construction euraployees construct the non- residential buuildiirr ,..All diiffeirent types of employees work at the buildings after they <are cornpllete, depending on the type of brusirwss. The Analysis shows that wages And salaries emned by a su npfieant portion of Monroe county"s workforce that coostructs the Ibuilldungs or works in the businesses and rellated entities that make up non-resiWentialU de^vepopment are insufficient to allow these emaa�ployees to obtain naarket Ihousing at a, price they can reasonably afford. After determining the number and 'type of eroplUoyees that serve nova-residentpal development (construction and post-constiructiion), and how many of these employees cannot reasonably afford) housiing in I"wfiou"nroe COUrrfy, the Study then identifies the cpua�otlity of workforce housing need created by non-residential develofinuent. Eased on this analysis, Tablle Q Suoaowary of Affordable Workforce N-doersing Needs and Assistance Created By Non -Residential Development, outlines the workforce housing; need generated by different types of nor-res,identi„all de velopusent„ both in terrnss of the need for workforce housing units (or a fraction thereof), and for rnorretary workforce frousin . assistance (in lien fees). The above analysis was done for individual types of nonresidential uses, including governmental uses, the outcome of which was used to establish the inclusionary housing requirements adopted by the BOCC in Ordinance 001-2021. Based on the data in the report, expansions of governmental uses do create a need for affordable workforce housing. PREVIOUS RELEVANT BOCC ACTION: On December 07, 2022, BOCC approved Resolution No. 452-2022, for 17145 Overseas Highway, Sugarloaf Key, Monroe County, Florida, "requesting that the Florida Department of Transportation (FDOT) convey that portion of U.S. 1 (Florida State Route 5) right-of-way (as described in Exhibit 5) to Monroe County to accommodate the construction of a new fire station on Sugarloaf Key for the public purpose use and accepting the transfer thereof." Subsequently, on August 01, 2023 Monroe County Clerk of Court recorded in Book 3236, Page 1578, of the Public Records of Monroe County, Florida, a Quitclaim Deed (Public Purpose) for the transfer of ownership of a portion of the right of way of State Road 5 as per Deed Book G-6, Page 42, and as shown on Florida Department of Transportation Right of Way Map, Section 90020, lying in Government Lot 3, Section 34, Township 67 South, Rage 27 East, between the State of Florida Department of Transportation, Grantor, and Monroe County, Florida, Grantee. On July 17, 2024, BOCC approved Resolution No. 239-224, for 17175 Overseas Highway, Sugarloaf Key, Monroe County, Florida, acknowledging the receipt of an "unsolicited proposal to construct a new fire station" by Fortress Secured, LLC, and "finds that the plans of Fortress Secured for the new fire station will result in the timely acquisition, design and construction of the project inasmuch as the design thereof is largely completed, the structure of the development resolves underlying litigation between the Sugarloaf Volunteer Fire Department and Sugarloaf Wi-Fi, Incorporated to permit acquisition of the site by Monroe County from the Sugarloaf Volunteer Fire Department for construction of the fire station and facilitates the construction of a modern facility for the delivery of firefighting and emergency services in a more timely manner than traditional project delivery methods." Subsequently, on August 29, 2024, Monroe County Clerk of Court recorded in Book 3290, Page 1819, of the Public Records of Monroe County, Florida, a Special Warranty Deed for the transfer of ownership of a part of Government Lot 3, Section 34, Township 66 South, Range 27 East, between The Sugarloaf Key Volunteer Fire Department, Grantor, and Monroe County, Florida, Grantee. On January 29, 2026, the Monroe County Planning Commission approved Resolution No. PO4-26 granting variances to access standards, bufferyard standards, fence height requirements, and off-street parking requirements, for the redevelopment of a fire station on the Property (File 4 2023-189). INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Staff recommends DENIAL of the applicant's request to waive the nonresidential inclusionary housing requirement 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 governmental uses beyond what the applicant is currently providing. DOCUMENTATION: 2026-025 BOCC Resolution DRAFT.docx 2026-025 Application File.pdf 2026-025 Sugarloaf Fire Station Incl Hsng Staff Report.docx FINANCIAL IMPACT: N/A Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: