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HomeMy WebLinkAboutItem P06COUNTY 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 March 11, 2026 Agenda Item Number: P6 26-0569 BULK ITEM: No DEPARTMENT: Planning and Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Devin Tolpin, AICP, CFM, Senior Director of Planning & Environmental Resources AGENDA ITEM WORDING: A Public Hearing to Consider a Request for Approval of a Resolution Adjusting the Requirements of Land Development Code (LDC) Section 139-1(f) to Allow a Proposed Nonresidential Development Located at 7101 Shrimp Road, Stock Island, to be Linked to an Affordable Housing Project That Is More than 15 Miles Away, Located at 21585 Old State Road 4A, Cudjoe Key, in order to Satisfy the LDC's Nonresidential Inclusionary Housing Requirement. ITEM BACKGROUND: Smith Hawks, PL, on behalf of Stock Island South, LLC, and Mobile Homes Holdings Coco, LLC, is proposing to develop a vacant parcel of land on Stock Island, with a mix of light industrial and indoor and outdoor commercial recreation uses. The development involves establishing dry boat storage racks for 177 vessels accounting for 8,821.81 square feet of industrial use area, eight (8) racket courts, a lap pool, and fitness facility accounting for 33,179.37 square feet of indoor and outdoor tourist/ recreational use area. The applicant is requesting an adjustment of the nonresidential inclusionary housing requirement in accordance with Monroe County Land Development Code (LDC) Section 139-1(t)(4)b in order to adjust the distance between projects in order to link the proposed nonresidential development with an affordable housing proiect located at 21585 Old State Road 4A, Cudjoe Key, which is 16.7 miles away from the nonresidential use, in order to satisfy the nonresidential inclusionary housing requirement. Concerning the linkage of projects, the LDC provides that two or more development (residential and/or nonresidential) projects that are required to provide affordable housing may be linked to allow the affordable housing requirement of one development project to be built at the site of another project, so long as the affordable housing requirement of the latter development is fulfilled as well and the proiects are within a 15 mile radius of the nonresidential development/redevelopmc;nt. Per LDC Section 139-1(f)(3)a, New Development. Each new development project not exempted by subsection (4), shall mitigate 50% of the workforce housing demand created by the proposed development by one or a combination of the methods identified in subsection (5). In accordance with LDC Section 139-1(0(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 required nonresidential inclusionary housing mitigation required for the proposed development was calculated in accordance with the following table: Total Need Created by Nonresidential Development Land Use Category Total Total In- Total Area # of Units Required In Lieu Fee (50% Housing Lieu Fee Proposed (50% of total of total in lieu Need per SF per SF housing need) fee) Tourist/ recreational 0.000614 $104.69 32,179.37 SF 11 (rounded up from 876 per LDC) $1,792,011.1010 Tndustrial 0.000226 $24.39 8,821.81 SF In accordance with LDC Section 139-1(t)(3)c., the proposed new development generates the need for 21.752 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 new development 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 eleven (11) affordable dwelling unit (rounded up from 10.876) or payment of the in -lieu fee equivalent, which is $1,792,011.10. In accordance with LDC Section 139-1(f)(5)f, 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 1. 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. In accordance with LDC Section 139-1(g), Linkage of projects. (1) Two or more development (residential and/or nonresidential) projects that are required to provide affordable housing may be linked to allow the affordable housing requirement of one development project to be built at the site of another project, so long as the affordable housing requirement of the latter development is fulfilled as well and the projects are within a 15 mile radius of the nonresidential development/redevelopment. The affordable units must be built either before or simultaneously with the projects. Sequencing of construction of the affordable component of linked projects may be the subject of the Planning Department or the Planning Commission's approval of a project. (2) In addition, if a developer builds more than the required number of affordable units at a development site, this development project may be linked with a subsequent development project to allow compliance with the subsequent development's affordable unit requirement provided: the developer may not utilize affordable units previously built with County financial investment, other than building permit fee waivers and impact fee waivers; the projects are within a 15 mile radius of the nonresidential development/redevelopment; and the affordable units proposed to satisfy the inclusionary housing requirement may not have received certificates of occupancy three (3) years prior to the project approval for the development triggering the inclusionary housing requirement. Additionally, if the affordable units are proposed to satisfy nonresidential inclusionary requirements, the units are restricted to either workforce housing units for the owner of the nonresidential use that meets the sales price and annual income limits for owner -occupied housing, as defined inor rental workforce housing units that meet the rental amounts and annual income limits for rental housing, as defined in Section 10, I'-1. The linkage must be identified by the developer to the Planning Commission at the time of the subsequent development's conditional use approval. (3) All linkages under this subsection may occur between sites within the county and in the cities of Key West, Marathon and Islamorada, subject to an interlocal agreement, where appropriate. The linkage must occur within 15 miles of each project and within the same geographic planning area, i.e., lower middle and upper keys. All linkages must be approved via a covenant running in favor of the County, and if the linkage proj ect lies within a city, also in favor of that city. The covenant shall be placed upon two or more projects linked, stating how the requirements for affordable housing are met for each project. The covenant shall be approved by the BOCC and, if applicable, the participating municipality. (4) Projects with existing affordable units that have existing approvals, approved prior to the effective date of this ordinance, which allow linkage of the affordable housing units to satisfy inclusionary requirements shall not be subject to the provisions subsection (g) and shall follow the provisions of the existing, approved development order(s). 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: I. 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: 1. CUDJOE KEY IS A BEDROOM COMM UNITYTHAT PROVIDES HOUSING FOR A LARGE NUMBER OF WORKERS EMPLOYED IN THE KEY WEST/STOCK ISLAND EMPLOYMENT CENTER. Within the regional planning framework of the Florida Keys, CudJoe Key acts as an indispensable residential satellite, or bedroom community, for the primary Lower Keys employment centers located in Key West and Stock Island. The municipalities of'Key West and Stock Island constitute the primary economic and governmental centers of the Lower Keys, hosting critical infrastructure, including major healthcare facilities, educational institutions, municipal and county government offices, and the operational core of the U.S. Naval Air Station (NAS). Data confirms a persistent and severe housing deficit within these employment centers, driven by restrictive zoning, finite ]arid availability, and median housing costs significantly beyond the reach of' the region's essential service workforce (e.g., nurses, law enforcement, educators, and hospitality staff). Based on this, a significant number of the daily workforce resides in peripheral communities. The Property, located on CudJoe Key, is located approximately sixteen and one-half (16.5) miles from Stock Island and acts as an essential zone of residential absorption for the employees of businesses located on Key West and Stock Island. In contrast to the high -intensity commercial and tourism -focused zoning of Key West and Stock Island, Cudjoe Key's current land -use designation is predominantly low- to moderate -density residential. ]"his lack of significant commercial or institutional development reinforces its status as a dormitory suburb. From a legal and planning perspective, its primary function is to provide necessary housing capacity that cannot be met, by the economic centers themselves. Any regulatory or infrastructure planning for CudJoe Key must, therefore, acknowledge this structural dependency, recognizing that the community's existence and growth are directly tied to the employment needs and housing shortages of Key West and Stock Island, Cudioe Key is not a self-contained economic entity, but a necessary residential appendage critical to regional operational continuity. The Property provides as perfect location for affordable housing required by the pending projects on Stock Island, which lacks the available land to develop additional affordable housing, 11. MITIGATION OF PROXIMITY REQUIREMENTS BY FUNCTIONALLY RESTRICTIVE ZONING Monroe C.ounty's Land Development Code (L,DC) stipulates a fifteen (15)-nifle proximity requirement for linkage of affordable units to non-residential developments, to ensure housing areas provide a reasonable commute for the designated workforce. While the Property's linear distance (approximately 16.5 miles) exceeds this strict numerical threshold, the intervening geographic area includes approximately two (2) miles of land under the exclusive control of the Federal government (e.g., U.S, Naval Air Station property), This land is subject to functionally restrictive zoning, precluding civilian residential or commercial development. Because this significant segment of land is sterile for housing development and contributes to the structural displacement discussed in Section I above, it must be characterized as a functional barrier. The Applicant is therefore requesting a waiver ofstrict compliance with the fifteen (I 5)-mile radius rule contained in 1,DC Section 139- I(f) based on the functional barrier created by the Federally owned and operated land between the Property and Stock Island and contends that, once the flinctionally restrictive area is considered, the Property is functionally proximate to Stock Island. CudJoe Key represents the nearest contiguous, non -militarized, and sustainably developable land mass immediately following this federal land exclusion, establishing it as the next point of'residential feasibility. Furthermore, once the two (2)-mile stretch of Federal land is removed from consideration, the Property is within a fifteen (I 5)-rnile radius of functionally usable land for residential purposes and therefore still complies with the intent of the LDC radius requirement. Consequently, a rigid adherence to the fifteen (15)-mile metric, without accounting for this maJor inftastructural interruption, would restrict developments on Stock Island frorn developing, or linking, to affi)r(lable developments On (" " udJoe Key, which, as discussed above, is an integral part of the housing solution for Key West and Stock Island employment centers, and would undermine the intent of the LDC, On May 28, 2025, the Building Department issued building permit nos. MULTI-AFF-2023-0006, NIULTI- AFF-2023-0007, MULTI-AFF-2023-0008, MULTI-AFF-2023-0009, MULTI-AFF-2023-0010, and MULTI-AFF-2023-0011, approving six (6) fourplex multifamily affordable housing dwelling structures, for a total of thirteen (13) new dwelling units and eleven (11) demolished mobile homes redeveloped as multifamily dwelling units, known as Units 36-59, on the subject property. As of the drafting of this Memorandum, these building permits have not received Certificates of Occupancy (COs). On October 02, 2025, the Building Department issued building permit no. SFDUP-AFF-2025-0005 approving the replacement of one (1) deed restricted mobile home dwelling unit with one (1) new deed restricted mobile home dwelling unit on the property. As of the drafting of this Memorandum, the building permit has not received Certificate of Occupancy (CO). Data and Analysis Supporting Ordinance 001-2021: On February 17, 2021, the BOCC adopted Ordinance 00 1-202 1, creating the nonresidential inclusionary housing requirements in LDC Section 139-1. Prior to adoption, to develop inclusionary housing requirements for the nonresidential sector to build workforce housing, the County contracted with Clarion Associates and RRC Associates to complete the data and analysis necessary to establish the workforce need generation and a rational nexus of need generation and affordable mitigation needs. This data was completed and presented on November 14, 2017, to the BOCC (2016 Monroe County Employer Survey Results by RRC Associates and 2017 Affordable Workforce Housing Support Study for Non-residential Development by Clarion Associates, hereinafter referred to as "the Clarion Study"). From the report's executive summary (page 5): c, NlEwEl D R hlP 0lRDAE)1,E W n.nRl ,(l(3RC E ik,I011.US. r,,JG C Il:A fi:,"i) L.,Y 1\4(,;)rl,) liRlES Dll.lii°rIIAI,. D P II L i( � PI II t II I\J °°i° The need to provide affordable workforce laor.nsir°ng is created by development that dernands labor (employees). Because non-residential development creates a demand) for labor (ernplloyees), the need for affordable workforce housing it creates is determined in this Study. Non-residential developraaent includes governmental, industrial, institutional, office, retail & restaurant, tourist/recreation, hotel motel, and other development. Non-- residential development creates a need for labor (the workforce) in two ways: (1) enrnployees who construct the building(s), and (2) erriployees who work at the building after construction (post constrrz(tion employees). Construction employees construct the non- residentiall buildings. All different types of employees work at the buildings after they are corripete, depending on the type of business. The analysis shows that wages and salaries earned by a significant portion of Monroe Cor.unty's workforce that constructs the buildings or works in the businesses and related entitles that snake up non-residential development are insufficient to allow these employees to obtain market housing at a price they can reasonably afford. After determining the nuraaber and type of employees that serve non-residential development (ccunstructior) and post -con strruction), and how many of these employees cannot reasonably afford housing in, Monroe Coruraty, the Study then identifies the gUantity of workforce housing need created by norm-residentialdevelopment.. Based on this analysis, Table 1-2: Sunarnaary of Affordable Workforce l-lornsing Needs and Assistance Created By Non -Residential ftevelopment, outlines the workforce hoansirag need generated by different types of non-residential development, both in terms of the need for workforce housing, units (or a fraction thereof), and for monetary workforce housing assistance (in lieLl fees). The above analysis was done for individual types of nonresidential uses, including industrial and tourist/ recreation 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, industrial and recreation uses do create a need for affordable workforce housing. Also prior to adoption of Ordinance 001-2021, to develop inclusionary housing requirements for the nonresidential sector to build workforce housing, the County contracted with RRC Associates to complete aid in the data and analysis necessary in 2016 to establish an understanding in local employment patterns and how the availability of affordable housing may affect employers, employees and business operations. From the reports final results summary (pages 2 and 12, respectively): o Employee commute distances: Most employees working at employers located in the incorporated cities have commute distances of less than five miles, while most employees working at businesses located in the unincorporated county have commute distances greater than five miles. To the best of your knowledge, where do your employees live, relative to the location of your business? Overall, employers indicated that half (50 percent) of their employees live within 4.9 road miles or less of work, while 19 percent live within 5.0 — 9.9 miles, 14 percent live 10.0 — 19.9 miles, and 17 percent live 20 or more miles from work. in many cases, long commutes can be associated with difficulties of employees in finding affordable housing. Employers located in the incorporated cities collectively indicated that their employees lived closer to work than employers located in the unincorporated county. In particular, employers located within cities drew 60 percent of their workers from less than five miles away, as compared to 28 percent of employers located in unincorporated areas. By contrast, employers located in unincorporated areas were more likely than those in cities to draw their employees from 5 — 9.9 miles away (25 percent vs. 16 percent), 10 —19.9 miles away (21 percent vs. 11 percent), and 20 or more miles away (26 percent vs. 13 percent). The above analysis was done to understand employer and employee needs, including commuting needs of employees, the outcome of which was used to establish the inclusionary housing requirements adopted by the BOCC in Ordinance 001-2021. It should be noted that the BOCC determined that a 15 mile radius was appropriate for linkage to affordable workforce housing. PREVIOUS RELEVANT BOCC ACTION: On February 17, 2021, the Monroe County Board of County Commissioners (BOCC) adopted Ordinance 001- 2021 amending chapter 139-1 to clarify the affordable and employee housing administration, to incorporate nonresidential and transient inclusionary housing requirement by providing regulations regarding the provision of affordable housing for the development and redevelopment nonresidential and transient uses, and modifying the linkage provisions whereby applicable affordable/ workforce housing must be within a radius of fifteen (15) miles and have not received certificates of occupancy three (3) years prior to project approval (File #2019-097). Relevant to the Nonresidential Development Site (7101 Shrimp Road, Stock Island) On August 17, 2022, the Monroe County Board of County Commissioners (BOCC) adopted Ordinance No. 016- 2022 establishing Monroe County Land Development Code (LDC) Section 130-140 Safe Harbor Community Center Overlay (SHCC), establishing purpose and intent, permitted uses, density and intensity, off-street parking, required setbacks, signage and the boundary of the overlay district which is generally comprised of a certain area on Stock Island, Monroe County, with bounds including the subject property (File 42018-169). On August 17, 2022, the BOCC adopted Ordinance No. 017-2022 amending the Monroe County Land Use District Map to apply the Safe Harbor Community Center (SHCC) Overlay District for certain properties located on Stock Island, including the subject property (File 2019-062). Relevant to the Affordable/ Workforce Housing Development Site (21585 Old State Road 4A, Cudioe Key) On February 20, 2019, the BOCC adopted Ordinance No. 001-2019 amending the text of the Monroe County Comprehensive Plan to add the Coco Palms Affordable Housing Subarea, Policy 107.1.7, in order to implement applicable goals, objectives, and policies of the Comprehensive Plan to promote and facilitate development of affordable housing to meet the needs of Monroe County (File #2018-050). The Policy established a maximum net density of eighteen (18) dwelling units per buildable acre for a maximum development potential of thirty- three (33) deed -restricted affordable dwelling units designated as employee housing. On February 20, 2019, the BOCC adopted Ordinance No. 002-2019 amending the Monroe County Future Land Use Map (FLUM) from Residential High (RH) and Residential Conservation (RC) to Mixed Use/Commercial (MC) on the subject property (File 42018-051). On February 20, 2019, the BOCC adopted Ordinance No. 003-2019 amending the Monroe County Land Use District map from Urban Residential -Mobile Home (URM) and Native Area (NA) to Suburban Commercial (SC) on the subject property (File #2018-052). On January 22, 2020, the BOCC approved Resolution No. 025-2020 for the reservation of sixteen (16) affordable housing ROGO allocations consisting of six (6) low income, five (5) median income, and five (5) moderate income category ROGO allocations for proposed affordable employee housing dwelling units on the subject property. On November 15, 2022, the BOCC adopted Ordinance 023-2022 amending the text of the Monroe County Comprehensive Plan to amend the Coco Palms Affordable Housing Subarea, Policy 107.1.7, in order to implement applicable goals, objectives, and policies of the Comprehensive Plan to promote and facilitate development of affordable housing to meet the needs of Monroe County (File #2022-084). The amended Policy established a maximum net density of twenty-five (25) dwelling units per buildable acre for a maximum development potential of forty-six (46) deed -restricted affordable dwelling units designated as employee housing. On November 15, 2022, the BOCC adopted Ordinance No. 024-2022 amending the Monroe County Future Land Use Map (FLUM) from Mixed Use/Commercial (MC) to Residential High (RH) on the subject property (File #2022-085). On November 15, 2022, the BOCC adopted Ordinance No. 025-2022 amending the Monroe County Land Use District Map from Suburban Commercial (SC) to Urban Residential (UR) on the subject property (File #2022- 086). On February 15, 2023, the BOCC approved Resolution No. 084-2023 for the reservation of thirteen (13) affordable housing ROGO allocations consisting of four (4) low income, four (4) median income, and five (5) moderate income category ROGO allocations for proposed affordable employee housing dwelling units on the subject property. On May 15, 2024, the BOCC approved Resolution No. 184-2024 in order to extend the reservation, approved by and through Resolution No. 084-2023, of thirteen (13) affordable housing ROGO allocations consisting of four (4) low income, four (4) median income, and five (5) moderate income category ROGO allocations for proposed affordable employee housing dwelling units on the subject property. On February 19, 2025, the BOCC approved Resolution No. 115-2025 in order to extend the reservation, approved by and through Resolution Nos. 084-2023 and 184-2024, of thirteen (13) affordable housing ROGO allocations consisting of four (4) low income, four (4) median income, and five (5) moderate income category ROGO allocations for proposed affordable employee housing dwelling units on the subject property. INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION St Staff recommends denial of the applicant's request of an adjustment of the nonresidential inclusionary housing requirement in accordance with Monroe County Land Development Code (LDC) Section 139-1(f)(4)b in order to adjust the distance required between projects in order to link the proposed nonresidential development with an affordable housing project located at 21585 Old State Road 4A, Cudjoe Key, which is 16.7 miles away from the nonresidential use as opposed to the 15 mile radius requirement. DOCUMENTATION: 2025-250 Staff Report 2025-250 Resolution 2025-250 Application File FINANCIAL IMPACT: 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: 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 and Development Review Manager Date: February 09, 2026 Subject: A Public Hearing Concerning an Adjustment of the Requirements Set Forth in LDC Section 139-1(f) to Allow a Proposed Nonresidential Development Located at 7101 Shrimp Road, Stock Island, to be Linked to an Affordable Housing Project that is More than 15 Miles Away, Located at 21585 Old State Road 4A, Cudjoe Key, In Order to Satisfy the Nonresidential Inclusionary Housing Requirement (File # 2025- 250). Meeting: March 11, 2026 1 2 I REQUEST 3 Smith Hawks, PL, on behalf of Stock Island South, LLC, and Mobile Homes Holdings Coco, 4 LLC, is proposing to develop a vacant parcel of land on Stock Island, with a mix of light 5 industrial and indoor and outdoor commercial recreation uses. The development involves 6 establishing dry boat storage racks for 177 vessels accounting for 8,821.81 square feet of 7 industrial use area, eight (8) racket courts, a lap pool, and fitness facility accounting for 8 33,179.37 square feet of indoor and outdoor tourist/ recreational use area. 10 The applicant is requesting an adjustment of the nonresidential inclusionary housing 11 requirement in accordance with Monroe County Land Development Code (LDC) Section 12 139-1(f)(4)b in order to adjust the distance required between projects in order to link the 13 proposed nonresidential development with an affordable housing project located at 21585 14 Old State Road 4A, Cudjoe Key, which is 16.7 miles away from the nonresidential use, in 15 order to satisfy the nonresidential inclusionary housing requirement. Concerning the linkage 16 of projects, the LDC provides that two or more development (residential and/or 17 nonresidential) projects that are required to provide affordable housing may be linked 18 to allow the affordable housing requirement of one development project to be built at the site 19 of another project, so long as the affordable housing requirement of the latter development 20 is fulfilled as well and the projects are within a 15 mile radius of the nonresidential 21 develoQg1LgLredevel2pment. 22 23 LDC Section 139-1(f)(3)a. 24 New Development. Each new development project not exempted by subsection (4), shall mitigate 50% 25 of the workforce housing demand created by the proposed development by one or a combination of the 26 methods identified in subsection (5). BOCC Staff Report Page 1 of 13 2 In accordance with LDC Section 139-1(f)(4)7., the new development, redevelopment, remodeling, 3 repair, change to a different use category or cumulative expansion of a nonresidential use that does 4 not establish or increase the area of the nonresidential use by more than 1,000 square feet ofgross 5 floor area or area of use are exempt from the nonresidential inclusionary housing requirement. 6 7 The first 1,000 square feet of the new tourist/ recreational use area shall be exempt from the 8 nonresidential inclusionary housing requirement. The required nonresidential inclusionary housing 9 mitigation required for the proposed development was calculated in accordance with the following 10 table: Total Need Created by Nonresidential Develo ment Land Use Total Total In- Total Area Proposed ## of Units In Lieu Fee Category Housing Lieu Fee Required Need per per SF SF Tourist/ 0.000614 $104.69 32,179.37 SF 19.76 $3,368,858.25 recreational Industrial 0.000226 $24.39 8,821.81 SF 1.99 $215,163.95 TOTAL NEED 21.752 $3,584,022.20 50% of TOTAL NEED 10.976 $1,792,011.10 (rounded to 11) 11 12 The analysis described throughout this report is based on the plans submitted through this request (File# 13 2025-250). 14 15 LDC Section 139-1(fl(Slf. 16 All nonresidential uses not exempted by subsection (4) shall mitigate the demand for workforce housing 17 created by the proposed development or redevelopment by one or a combination of the methods 18 identified below. 19 1. The construction of workforce housing dwelling units on the site of the development project. The 20 workforce housing dwelling units shall meet the County's affordable housing restrictions as 21 specified in Section 139-1(b) and (c), for a period not less than 99 years; 22 2. The construction of workforce housing dwelling units off -site of the development project but within 23 a 15 mile radius of the nonresidential development/ redevelopment. The workforce housing 24 dwelling units shall meet the County's affordable housing restrictions as specified in Section 139- 25 1(b) and (c), for a period not less than 99 years; 26 3. The deed -restriction of existing dwelling units within a 15 mile radius of the nonresidential 27 development/redevelopment. The workforce housing dwelling units meet the County's affordable 28 housing restrictions as specified in Section 139-1(b) and (c), for a period not less than 99 years; 29 4. The donation of land to the County, upon the acceptance of the BOCC of a proposed parcel or 30 parcels, may satisfy the requirements of this subsection by donating one (1) IS or URM zoned 31 platted lot for each workforce housing unit required but not provided through actual construction 32 or in -lieu fees (or a Tier III parcel or parcels of land zoned other than IS or URM as long as the 33 donated parcel(s) have the appropriate density available to support the development of the required 34 number of workforce units); and/or 35 5. The payment of a fee in -lieu for the inclusionary housing requirement for all or a percentage of the 36 workforce housing units required. The in -lieu fee shall be paid prior to issuance of a building permit 37 for the nonresidential development or redevelopment. All in -lieu fees shall be deposited into the 38 affordable housing trust fund and spent solely for the purposes allowed for that fund. 39 40 LDC Section 139-1(g) 41 (1) Two or more development (residential and/or nonresidential) projects that are required to 42 provide affordable housing may be linked to allow the affordable housing requirement of one BOCC Staff Report File # 2024-232 Inclusionary Housing Waiver Request to BOCC Page 2 of 13 I development project to be built at the site of another project, so long as the affordable housing 2 requirement of the latter development is fulfilled as well and the projects are within a 15 mile 3 radius of the nonresidential development/redevelopment. The affordable units must be built 4 either before or simultaneously with the projects. Sequencing of construction of the 5 affordable component of linked projects may be the subject of the Planning Department or 6 the Planning Commission's approval of a project. 7 (2) In addition, if a developer builds more than the required number of affordable units at a 8 development site, this development project may be linked with a subsequent development project 9 to allow compliance with the subsequent development's affordable unit requirement provided: the 10 developer may not utilize affordable units previously built with County financial investment, other 11 than building permit fee waivers and impact fee waivers; the projects are within a 15 mile radius 12 of the nonresidential development/redevelopment; and the affordable units proposed to satisfy the 13 inclusionary housing requirement may not have received certificates of occupancy three (3) years 14 prior to the project approval for the development triggering the inclusionary housing requirement. 15 Additionally, if the affordable units are proposed to satisfy nonresidential inclusionary 16 requirements, the units are restricted to either workforce housing units for the owner of the 17 nonresidential use that meets the sales price and annual income limits for owner -occupied housing, 18 as defined in Section � 01 ,1, or rental workforce housing units that meet the rental amounts and 19 annual income limits for rental housing, as defined in Section 101 1. The linkage must be identified 20 by the developer to the Planning Commission at the time of the subsequent development's 21 conditional use approval. 22 (3) All linkages under this subsection may occur between sites within the county and in the cities of 23 Key West, Marathon and Islamorada, subject to an interlocal agreement, where appropriate. The 24 linkage must occur within 15 miles of each project and within the same geographic planning area, 25 i.e., lower middle and upper keys. All linkages must be approved via a covenant running in favor 26 of the County, and if the linkage project lies within a city, also in favor of that city. The covenant 27 shall be placed upon two or more projects linked, stating how the requirements for affordable 28 housing are met for each project. The covenant shall be approved by the BOCC and, if applicable, 29 the participating municipality. 30 (4) Projects with existing affordable units that have existing approvals, approved prior to the effective 31 date of this ordinance, which allow linkage of the affordable housing units to satisfy inclusionary 32 requirements shall not be subject to the provisions subsection (g) and shall follow the provisions of 33 the existing, approved development order(s). 34 35 II BACKGROUND INFORMATION: 36 37 Nonresidential Development Site 38 Location: Stock Island near U.S. I Mile Marker 5, Ocean Side 39 Address: 7101 Shrimp Road 40 Legal Description: Full legal description in application file 41 Parcel Identification Number: 00123720-000400 42 Property Owner: Stock Island South, LLC 43 Agent: SMITH HAWKS, PL 44 Size of Site: 4.18 acres (182,129.46 SF) upland 45 Land Use District: Maritime Industries (MI) 46 Future Land Use Map (FLUM) Designation: Mixed Use/Commercial (MC) 47 Overlay District: Safe Harbor Community Center Overlay District (SHCC) 48 Tier Designation: III (Infill Area) 49 Flood Zone: AE 9 50 Existing Use: Vacant BOCC Staff Report File # 2024-232 Inclusionary Housing Waiver Request to BOCC Page 3 of 13 I Existing Vegetation / Habitat: Exotics & Developed Land 2 Community Character of Immediate Vicinity: Marina, Industrial, Commercial Retail, Transient, 3 Residential, Vacant, Vegetation 4 5 6 7 8 9 10 11 12 Subject Property (outlined in blue) (2025 Aerial) Linkage Affordable/ Workforce Housing Development Site Location: Cudjoe Key near U.S. 1 Mile Marker 21.5, Gulf Side Address: 21585 Old State Road 4A 1-4 Legal Description: Full legal description in application file Parcel Identification Numbers: 00174960-000000 13 Property Owner: Mobile Homes Holdings Coco, LLC 14 Agent: SMITH HAWKS, PL 15 Size of Uplands: 2.34 acres (101,958.0 SF) upland 16 Land Use District: Urban Residential (UR) and Native Area (NA) 17 Future Land Use Map (FLUM) Designation: Residential High (RH) and Residential Conservation (RC) 18 Tier Designation: III (Infill Area) 19 Flood Zone: AE 10 20 Existing Use: Deed -Restricted Affordable Multifamily, Single Family, Mobile Home Residential 21 Dwelling Units 22 Existing Vegetation / Habitat: Developed Land, Undeveloped Land, Mangrove, Water 23 Community Character of Immediate Vicinity: Residential, Vacant, Marina, Commercial Retail, 24 Vegetation 25 Site Specific Subarea: Coco Palms Affordable Housing Subarea (Policy 107.1.7) BOCC Staff Report File # 2024-232 Inclusionary Housing Waiver Request to BOCC Page 4 of 13 2 Subject Property (outlined in blue) (2025 Aerial) 3 4 III RELEVANT PRIOR COUNTY ACTIONS: 6 On February 17, 2021, the Monroe County Board of County Commissioners (BOCC) adopted Ordinance 7 001-2021, amending chapter 139-1 to clarify the affordable and employee housing administration, to 8 incorporate nonresidential and transient inclusionary housing requirement by providing regulations 9 regarding the provision of affordable housing for the development and redevelopment nonresidential and 10 transient uses, and modifying the linkage provisions whereby applicable affordable/ workforce 11 housing must be within a radius of fifteen (15) miles and have not received certificates of occupancy 12 three (3) years prior to project approval (File #2019-097). 13 14 Nonresidential Development Site (7101 Shrimp Road, Stock Island) 15 16 On August 17, 2022, the BOCC adopted Ordinance No. 016-2022, establishing Monroe County Land 17 Development Code (LDC) Section 130-140 Safe Harbor Community Center Overlay (SHCC), 18 establishing purpose and intent, permitted uses, density and intensity, off-street parking, required 19 setbacks, signage and the boundary of the overlay district which is generally comprised of a certain area 20 on Stock Island, Monroe County, with bounds including the subject property (File #2018-169). 21 22 On August 17, 2022, the BOCC adopted Ordinance No. 017-2022, amending the Monroe County Land 23 Use District Map to apply the Safe Harbor Community Center (SHCC) Overlay District for certain 24 properties located on Stock Island, including the subject property (File 2019-062). 25 26 On November 13, 2025, Planning and Environmental Resources Department staff held a pre -application 27 conference regarding a proposed development project for the construction of light industrial use 28 consisting of one hundred seventy-seven (177) boat racks, outdoor commercial recreation use consisting 29 of eight (8) racquet courts, a lap pool, and an event lawn, and indoor commercial recreation use consisting 30 of a fitness center and accessory food sales (File #2025-210). BOCC Staff Report File # 2024-232 Inclusionary Housing Waiver Request to BOCC Page 5 of 13 I On November 05, 2025, the Building Department issued building permit no. ENV-2025-0120 approving 2 the clearing and disposal of all invasive / exotic vegetation on the vacant parcel, avoiding all native 3 vegetation flagged, per the Existing Conditions Report. 4 5 On December 30, 2025, Planning and Environmental Resources Department staff received a request for a 6 Parking Demand Study, pursuant to Monroe County Land Development Code Section 114-97(i)(4) 7 proposing a reduction of the required off-street parking, and a request for a review of the methodology for 8 a proposed Traff Study, pursuant to Monroe County Land Development Code Section 114-200, for 9 proposed light industrial and outdoor and indoor commercial recreation uses (File #2025-257). 10 11 Linkaze Affordable/ Workforce Housin- Development Site (21 S85 Old State Road 4A) 12 13 On May 13, 2008, the Acting Sr. Director of Planning & Environmental Resources issued a Letter of 14 Development Rights Determination (LDRD), which determined that "sixteen (16) permanent residential 15 dwelling units (in the form of mobile homes) and one thousand four hundred (1,400) square feet of non- 16 residential floor area had been lawfully established on the subject property" (File #28019). 17 18 On November 26, 2013, the Senior Director of Planning & Environmental Resources issued Addendum 1 19 to the May 13, 2008, to the Letter of Development Rights Determination, which establissed that "seventeen 20 (17) permanent residential dwelling units (in the form of mobile homes) were lawfully -established on the 21 subject property" instead of the sixteen (16) previously recognized. And on January 16, 2014, the Senior 22 Director of Planning & Environmental Resources issued Addendum 2 to the May 13, 2008 Letter of 23 Development Rights Determination that "five (5) transient residential dwelling units (in the form of RV 24 spaces) were lawfully -established on the subject property" in addition to the seventeen (17) permanent 25 residential dwelling units and one thousand four hundred (1,400) square feet of non-residential floor area 26 (File #2013-132). 27 28 On September 24, 2014, the Building Department issued building permit nos. 14103060, 14103062, 29 14103063, 14103064, 14103065, 14103066, 14103067 approving the replacement of seven (7) mobile 30 homes with new deed -restricted affordable mobile homes, known as Units IA, 2, 3, 12, 13, 14, and 15, 31 on the subject property, with Certificates of Occupancy (COs) dated June 23, 2015. 32 33 On May 20, 2015, the Building Department issued building permit no. 15102452 approving the demolition 34 of electric pedestals and to restore the area of where the recreational vehicle (RV) spaces were located. 35 36 On May 22, 2015, the Senior Director of Planning & Environmental Resources approved Minor Conditional 37 Use Permit Development Order No. 04-15 allowing the transfer of 5 transient ROGO exemptions from the 38 subject property as the sender site to the receiver site located at 5948, 5950 and 5970 Peninsular Avenue, 39 Stock Island (File #2014-141). 40 41 On February 20, 2019, the BOCC adopted Ordinance No. 001-2019 amending the text of the Monroe 42 County Comprehensive Plan to add the Coco Palms Affordable Housing Subarea, Policy 107.1.7, in order 43 to implement applicable goals, objectives, and policies of the Comprehensive Plan to promote and facilitate 44 development of affordable housing to meet the needs of Monroe County (File #2018-050). The Policy 45 established a maximum net density of eighteen (18) dwelling units per buildable acre for a maximum 46 development potential of thirty-three (33) deed -restricted affordable dwelling units designated as employee 47 housing. 48 49 On February 20, 2019, the BOCC adopted Ordinance No. 002-2019, amending the Monroe County Future 50 Land Use Map (FLUM) from Residential High (RH) and Residential Conservation (RC) to Mixed 51 Use/Commercial (MC) on the subject property (File #2018-051). BOCC Staff Report File # 2024-232 Inclusionary Housing Waiver Request to BOCC Page 6 of 13 I On February 20, 2019, the BOCC adopted Ordinance No. 003-2019 amending the Monroe County Land 2 Use District map from Urban Residential -Mobile Home (URM) and Native Area (NA) to Suburban 3 Commercial (SC) on the subject property (File #2018-052). 4 5 On October 30, 2019, the Monroe County Planning Commission (PC) approved Major Conditional Use 6 Pen -nit Resolution P49-19 for the development of an additional sixteen (16) multifamily affordable 7 employee housing dwelling units at an existing seventeen (17)-unit mobile home park on the subject 8 property, the resolution was signed December 18, 2019 (File #2019-057). 9 10 On November 25, 2019, the Senior Director of Planning & Environmental Resources issued Administrative 11 Waiver No. AW 01-19 to approve the waiver of ten (10) feet from the required twenty-five (25) foot primary 12 front yard setback, to accommodate the placement of affordable employee housing dwelling units on the 13 property (File #2019-178). 14 15 On January 22, 2020, the BOCC approved Resolution No. 025-2020 for the reservation of sixteen (16) 16 affordable housing ROGO allocations consisting of six (6) low income, five (5) median income, and five 17 (5) moderate income category ROGO allocations for proposed affordable employee housing dwelling units 18 on the subject property. 19 20 On July 23, 2020, the Building Department issued building permit nos. 19104204, 19104205, 19104206, 21 and 19104207 approving four (4) fourplex multifamily affordable housing dwelling structures, for a total 22 of sixteen (16) new dwelling units, known as Units 20-35, in addition to seventeen (17) existing deed- 23 restricted mobile home dwelling units, on the subject property, with Certificates of Occupancy (COs) 24 dated August 09, 2021. 25 26 On November 15, 2022, the BOCC adopted Ordinance 023-2022 amending the text of the Monroe County 27 Comprehensive Plan to amend the Coco Palms Affordable Housing Subarea, Policy 107.1.7, in order to 28 implement applicable goals, objectives, and policies of the Comprehensive Plan to promote and facilitate 29 development of affordable housing to meet the needs of Monroe County (File #2022-084). The amended 30 Policy established a maximum net density of twenty-five (25) dwelling units per buildable acre for a 31 maximum development potential of forty-six (46) deed -restricted affordable dwelling units designated as 32 employee housing. 33 34 On November 15, 2022, the BOCC adopted Ordinance No. 024-2022, amending the Monroe County Future 35 Land Use Map (FLUM) from Mixed Use/Commercial (MC) to Residential High (RH) on the subject 36 property (File #2022-085). 37 38 On November 15, 2022, the BOCC adopted Ordinance No. 025-2022, amending the Monroe County Land 39 Use District Map from Suburban Commercial (SC) to Urban Residential (UR) on the subject property (File 40 #2022-086). 41 42 On February 15, 2023, the BOCC approved Resolution No. 084-2023 for the reservation of thirteen (13) 43 affordable housing ROGO allocations consisting of four (4) low income, four (4) median income, and five 44 (5) moderate income category ROGO allocations for proposed affordable employee housing dwelling units 45 on the subject property. 46 47 On September 27, 2023, the PC approved Amendment to Major Conditional Use Permit Resolution No. 48 P34-23 to include an additional twenty-four (24) multifamily employee housing dwelling units for a total 49 of forty-six (46) affordable dwelling units on the subject property (File # 2023-033). 50 51 On May 15, 2024, the BOCC approved Resolution No. 184-2024 in order to extend the reservation, 52 approved by and through Resolution No. 084-2023, of thirteen (13) affordable housing ROGO allocations BOCC Staff Report File # 2024-232 Inclusionary Housing Waiver Request to BOCC Page 7 of 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 consisting of four (4) low income, four (4) median income, and five (5) moderate income category ROGO allocations for proposed affordable employee housing dwelling units on the subject property. On February 19, 2025, the BOCC approved Resolution No. 115-2025 in order to extend the reservation, approved by and through Resolution Nos. 084-2023 and 184-2024, of thirteen (13) affordable housing ROGO allocations consisting of four (4) low income, four (4) median income, and five (5) moderate income category ROGO allocations for proposed affordable employee housing dwelling units on the subject property. On March 17, 2025, the Senior Director of Planning & Environmental Resources approved the linkage of units 20, 21, and 22, approved through building permit no. 19104206, on the subject property to a residential development project consisting of seven (7) market rate dwelling units at 231 E Shore Drive, Summerland Key, currently with Parcel ID 00200610-000000, as recorded on March 26, 2025, in Book 3317, Page 1776, of the Public Records of Monroe County, Florida. On May 28, 2025, the Building Department issued building permit nos. MULTI-AFF-2023-0006, MULTI-AFF-2023-0007, MULTI-AFF-2023-0008, MULTI-AFF-2023-0009, MULTI-AFF-2023- 0010, and MULTI-AFF-2023-0011, approving six (6) fourplex multifamily affordable housing dwelling structures, for a total of thirteen (13) new dwelling units and eleven (11) demolished mobile homes redeveloped as multifamily dwelling units, known as Units 36-59, on the subject property. As of the drafting of this Memorandum, these building permits have not received Certificates of Occupancy (COs). On October 02, 2025, the Building Department issued building permit no. SFDUP-AFF-2025-0005 approving the replacement of one (1) deed restricted mobile home dwelling unit with one (1) new deed restricted mobile home dwelling unit on the property. As of the drafting of this Memorandum, the building permit has not received Certificate of Occupancy (CO). IV REVIEW OF APPLICATION: The Applicant is requesting an adjustment to the nonresidential inclusionary housing requirement in order to link a proposed nonresidential development with a permitted affordable housing requirement that is 16.7 miles away, which is further than the 15 mile limit provided for in the LDC. An image of the proposed site plan for the nonresidential use is pictured below for reference. P� X M1„ ` 1W eYWin k P; ��. 1fpR r9w5tfyy 1 %'1 M� :,I� .•7 7 Mwu SS xi N�6Yu i I 1 � i _ a n � r , t.F ` I`� f j l BOCC Staff Report File # 2024-232 Inclusionary Housing Waiver Request to BOCC Page 8 of 13 I LDC Section 139-1(f) 2 (1) Purpose. Consistent with Goal 601 of the Comprehensive Plan, the purpose of this subsection (f) is to 3 ensure that the need for affordable housing is not exacerbated by nonresidential and transient development, 4 as follows: 5 a. Promote the health, safety and general welfare of the citizens of the County through the 6 implementation of the goals, objectives and policies of the 2030 Monroe County Comprehensive 7 Plan; and 8 b. To ensure that affordable housing opportunities are available throughout the entire community and 9 to maintain a balanced and sustainable local economy and the provision of essential services; and 10 c. To increase the supply of housing affordable to targeted income groups within the community; and 11 d. To provide a range of housing opportunities for those who work in Monroe County but may be 12 unable to pay market rents or market housing prices in the community; and 13 e. To increase the percentage of the workforce living locally and to provide housing opportunities for 14 lower income groups in order to meet the existing and anticipated housing needs of such persons 15 and to maintain a socio-economic mix in the community; and 16 f. To address the affordable workforce housing needs generated by the construction and expansion of 17 nonresidential/transient development, and the employment that occurs at the 18 nonresidential/transient development after the construction or expansion is completed; and 19 g. To ensure that affordable workforce housing is provided to the local workforce by the employee 20 generating development proportionate with the demand for affordable workforce housing the 21 development creates; and 22 h. To address market demands that show that the workforce in the County continues to require 23 moderately priced housing units, particularly those whose earnings range from 50 percent up to 24 120 percent of the County's median income (the target income groups); and 25 i. To stimulate the private sector production of affordable workforce housing and encourage the 26 widespread distribution of affordable workforce housing opportunities throughout all portions of 27 the community, including within new and expanding developments. 28 29 (2) Intent. Nonresidential and transient use development or redevelopment generates a direct impact on 30 housing for the workforce. The intent of this section is to ensure that there is an affordable supply of housing 31 for the local workforce. This will be accomplished by requiring workforce housing be provided for all new 32 development and redevelopment in an amount proportionate to the need for affordable workforce housing 33 that the nonresidential and transient use development or redevelopment creates. The intent of this subsection 34 is to permit nonresidential and transient use owners to continue to establish uses consistent with the current 35 building and safety standards and to ensure that as development and redevelopment occurs, comprehensive 36 plan policies regarding affordable housing are implemented. The technical support and analysis upon which 37 the nonresidential inclusionary housing requirements are established are based upon the 'Affordable 38 Workforce Housing Support Study for Non -Residential Development,' prepared by Clarion Associates, 39 LLC, prepared in June 2017. 40 41 LDC Section 139-1(f)(4)b: 42 43 The BOCC may reduce, adjust, or waive the requirements set forth in this subsection (f), based on 44 specific findings of fact, where the BOCC concludes, with respect to anv applicant, that: 45 46 1. Strict application of the requirements would produce a result inconsistent with the Comprehensive 47 Plan or the purpose and intent of this subsection; 48 2. Due to the nature of the proposed nonresidential development, the development furthers 49 Comprehensive Plan policies and the purpose and intent of this subsection through means other 50 than strict compliance with the requirements set forth herein; 51 3. The applicant demonstrates an absence of any reasonable relationship between the impact of the 52 proposed nonresidential development and requirements of this subsection (f); BOCC Staff Report File # 2024-232 Inclusionary Housing Waiver Request to BOCC Page 9 of 13 1 4. The strict application with the requirements set forth herein would improperly deprive or deny the 2 applicant of constitutional or statutory rights; or 3 5. In the event of a declared State of Local Emergency, the BOCC adopts a resolution recognizing 4 that the strict application of the nonresidential inclusionary requirements would not enhance nor 5 protect the health, safety and welfare of the community. 6 7 Any applicant who believes that he/she may be eligible for relief from the strict application of this 8 section may petition the BOCC for relief under this subsection (f)(4). Any petitioner for relief 9 hereunder shall provide evidentiary and legal justification for any reduction, adjustment or waiver 10 of any requirements under this section. The petitioner shall use generally accepted principles and 11 methods and verifiable local information and data, and other appropriate materials to support the 12 requested relief. 13 14 Per the Applicant: 15 16 17 1. CLllDJOE K V IS A BEDROOM OOM COC MMUNI'TY T1`1IA'ld"" PROVIDES HOUSING FOR A LARGE NUMBER 'tJolt WORKERS EMPLOYED IN THE KEY WE,STI TOC°K ISLAND EMPLOYMENT CENTER. Within the regional planning framework of the 1'lorida Keys, Cudjoe Key acts as an indispensable residential satellite, or bedroom community, for the primary Lower Keys employment centers located in Key West: and Stock Island. The municipalities of l ey West and Stock Island constitute the primary economic and governmental. centers ofthe lower Keys, hosting critical infrastructure,, including major healthcare facilities, educational institutions, municipal and county government offices, and the operational core ofthe U.S. Naval Air Station (NAS). Data confirms a. persistent and severe housing deficit within these employment centers, driven by restrictive zoning,, finite land, availability, and median housing costs significantly beyond the reach of the region's essential service; workforce (e.g., nurses, law enf`oi°cenient, educators, and hospitality staff). Based on this, as significant number ofthe daily workforce resides in peripheral communities, The Property, located on Cudjoe Key, is located approximately sixteen and erne -half' (16.5) miles from Stock Island and acts as an essential zone of residential absorption for the employees of husanesses located on fey West and Stock island. In contrast to the high -intensity commercial and tourism -focused zoning of Key West and Stock Island, CUdjoe, l ey"s currentland-use designation is predominantly low- to moderate -density residential, ]'his lack of significant commercial or institutional development reinforces its status as a dormitory suburb. From a legal and planning perspective, its primary function is to provide necessary housing capacity that cannot be met by the econornie centers themselves. Any regulatory or infrastructure planning for Cuctioc Key must, therefore,, acknowledge this structural dependency, recognizing that the ccrrninunity"aw existence and growth are directly tied to tiled ernploytnent needs and housing shortages of Key West and Stock. Island, Cudjoe Key is not a self-contained economic entity, but a necessary residential appendage critical to regional operational continuity. The Property provides a perfect location for affordable housing required by the pending projects oil Stock Island„ which lacks the available land to develop additional aft'ordaable housing., BOCC Staff Report File # 2024-232 Inclusionary Housing Waiver Request to BOCC Page 10 of 13 II. MITIGATION OF PRO°XIIVIITY REQUIREMENTS BY FUNCTIONALLY RES"I"'IIC."ITI'VE ZONING Monroe C"ounty',s Land Development Code (i.DQ stipulates as fifteen (1: )-r-n.ile proximity requirement for linkage of'affordable units to non-residential developments, to ensure housing areas pra,avide a reasonable commute for the designated workforce, While the property's linear distance (approximately 1 .5 nnilews) exceeds, this strict numerical tfireshtrld, the intervening geographic area includes approximately two () miles of land under the exclusive control of the Federal government (e.g., U.S. Naval Air Station property). This land is subject to functionally restrictive zoning, precluding civilian residential or coinnacrcial development. Because this signi ucaurt segment of land is sterile liar housing development and contributes to the structural displaceinctit discussed in Section I above, it must be characterized as a functional harrier. 'I"he Applicant is therefore requesting a waiver of"strict ca)Jrlpliance with the filleen (I )-rnile radius rule contained in L C Section 139--1(l) based can the fOnctionaal barrier created, by the Federally owned and operated land between the I1roperty and, Stock. Island and contends that, once the functionally restrictive area is considered, the Property is functionally proximate to Stock Island. +C:'udjoe Key represents the nearest contiguous, non -militarized, and sustaainaably developable land nia'.ss immediately following this federal land exclusion, establishing it. as the next point of';residential. feasibility. Furthermore, once the two (?)-mile stretch of Federal land is removed from consideration, the Property is within as fifteen ('l )-unile radius of functionally usable land for residential purposes and therefore still complies with the intent of the L C radius requirement. Consequently, a rigid adherence to the fifteen (l )-mile metric, withoutaccounting for this mapor infa°austructurmal interruption, would restrict; developments oil Stock Island `rota developing, or linking, to affordable developments on Cu4joe Key, which, as discussed above, is an integral pail ° ofthe housing solution. for Key West and Stock Island employment, centers, and would undermine the intent of"(lie LDC. 3 See relevant Goals, Objectives, and Policies from the Comprehensive Plan below: 4 5 Objective 101.4: Monroe County shall regulate nonresidential development to maintain abalance of land 6 uses to serve the needs of the future population of Monroe County. 7 8 Goal 601: Monroe County shall adopt programs and policies to facilitate access by residents to adequate 9 and affordable housing that is safe, decent, and structurally sound, and that meets the needs of the 10 population based on type, tenure characteristics, unit size and individual preferences. 11 12 Policy 601.1.9: Monroe County shall maintain land development regulations which may include density 13 bonuses, impact fee waiver programs, and other possible regulations to encourage affordable housing. 14 15 Policy 601.1.13: Monroe County shall maintain land development regulations on inclusionary housing 16 and shall evaluate expanding the inclusionary housing requirements to include or address nonresidential 17 and transient development and redevelopment based on specific data and analysis. 18 19 Objective 601.2: Monroe County shall adopt programs and policies to encourage housing of various 20 types, sizes and price ranges to meet the demands of current and future residents 21 22 Objective 601.3: Monroe County shall continue implementation efforts to eliminate substandard housing 23 and to preserve, conserve and enhance the existing housing stock, including historic structures and sites. BOCC Staff Report File # 2024-232 Inclusionary Housing Waiver Request to BOCC Page 11 of 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 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, hereinafter referred to as "the Clarion Study"). From the report's executive summary (page 5): c , N �r� f°'w D @' U; ,i R 0 l R D A 1:) 1, i. W 0 Rl ,(l (3R n .1. i I 011.O S. ri ,J<G i, aR II, A f i., i) L,,'RP 1\4 (,) ri ,) IR l: S & ID �1.11 to ' r l a" I, I i '," %,P II L 0 u i''IN0 Ill °i°° The need to provide affordable workforce laoi.rsirig is created by developrnnent that dernands labor (employees). Because non-residential development creates a demand) for labor (er nplloyees), the need for affordable workforce housing it creates is determined in this Steady. Non-residential developrnnent inclrrdesa governmental, industrial, institrational, office, retail & restaurant, torarist/recreation, hotel/motel, and other development. Non- residential development creates a need for labor (the workforce) in two ways: (1) erriployees who cornstn tict the btnilding(s), and (2) employees who work at the building after construction (post c:onstrta(tion employees). Construction employees construct the rnon- residentiall buildings. All different types of employees work at the bUildings after they are weer alete, depending on the type of business. The analysis shows that wages and salaries earned by a significant portion of Monroe Cou nty's workforce that constructs the (buildings or works in the businesses and related entities that raaake up non-residential development are insrafficient to allow these employees to obtain rear et housing at a price they can reasonably afford. After determining the nuinnber and type of employees that serve non-residential developrnnent (construction and post -con strtrc:tiorn), and how many of these employees cannot reasonably afford )Housing in, Monroe Counnty, the Study then identifies the quantity of workforce (Housing need created by non-residential development.. Based on this analysis, Table 1-2: 'Stnmrnnaary of Affordable Workforce Housing Needs and Assistance Created By Non -Residential Development, outlines the workforce lnoansing need generated by different types of non-residential development, bath in terms of the need for workforce laotusing, units (or a fraction thereof), and for monetary workforce housing assistance (in liea.i fees). The above analysis was done for individual types of nonresidential uses, including industrial and tourist/ recreation 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, industrial and recreation uses do create a need for affordable workforce housing. BOCC Staff Report File # 2024-232 Inclusionary Housing Waiver Request to BOCC Page 12 of 13 I Also prior to adoption of Ordinance 001-2021, to develop inclusionary housing requirements for the 2 nonresidential sector to build workforce housing, the County contracted with RRC Associates to complete 3 aid in the data and analysis necessary in 2016 to establish an understanding in local employment patterns 4 and how the availability of affordable housing may affect employers, employees and business operations. 5 From the reports final results summary (pages 2 and 12, respectively): 6 o Employee commute distances: Most employees working at employers located in the incorporated cities have commute distances of less than five miles, while most employees working at businesses located in the unincorporated county have commute distances greater than five miles. • To the best of your knowledge, where do your employees live, relative to the location of your business? Overall, employers indicated that half (50 percent) of their employees live within 4.9 road miles or less of work, while 19 percent live within 5.0 — 9.9 miles, 14 percent live 10.0 — 19.9 miles, and 17 percent live 20 or more miles from work. in many cases, long commutes can be associated with difficulties of employees in finding affordable housing. Employers located in the incorporated cities collectively indicated that their employees lived closer to work than employers located in the unincorporated county. In particular, employers located within cities drew 60 percent of their workers from less than five miles away, as compared to 28 percent of employers located in unincorporated areas. By contrast, employers located in unincorporated areas were more likely than those in cities to draw their employees from 5 — 9.9 miles away (25 percent vs. 16 percent), 10 —19.9 miles away (21 percent vs. 11 percent), and 20 or more miles away (26 percent vs. 13 percent). 9 10 11 The above analysis was done to understand employer and employee needs, including commuting needs 12 of employees, the outcome of which was used to establish the inclusionary housing requirements adopted 13 by the BOCC in Ordinance 001-2021. It should be noted that the BOCC determined that a 15 mile 14 radius was appropriate for linkage to affordable workforce housing. 15 16 V RECOMMENDATION: 17 18 Staff recommends denial of the applicant's request of an adjustment of the nonresidential 19 inclusionary housing requirement in accordance with Monroe County Land Development 20 Code (LDC) Section 139-1(f)(4)b in order to adjust the distance required between projects in 21 order to link the proposed nonresidential development with an affordable housing project 22 located at 21585 Old State Road 4A, Cudjoe Key, which is 16.7 miles away from the 23 nonresidential use as opposed to the 15 mile radius requirement. 24 25 26 ATTACHMENTS 27 1. Proposed Site Plan by Brittney Johnson, signed and dated January 30, 2026, submitted as part of 28 this request (File 2025-250) BOCC Staff Report File # 2024-232 Inclusionary Housing Waiver Request to BOCC Page 13 of 13 MONROE COUNTY, FLORIDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS RESOLUTION NO. -2026 A RESOLUTION APPROVING THE SUBJECT REQUEST TO ADJUST THE FIFTEEN (15) MILE RADIUS REQUIREMENT TO ACCEDE TO THE LINKAGE OF A NONRESIDENTIAL DEVELOPMENT WITH AN AFFORDABLE HOUSING PROJECT SO AS TO SATISFY THE NONRESIDENTIAL INCLUSIONARY HOUSING REQUIREMENT REFERENCED HEREIN; THE NEW NONRESIDENTIAL DEVELOPMENT IS LOCATED AT 7101 SHRIMP ROAD, STOCK ISLAND, APPROXIMATE MILE MARKER 4.75, CURRENTLY HAVING PARCEL IDENTIFICATION NUMBER 00123720-000400, AND THE AFFORDABLE/WORKFORCE HOUSING PROJECT IS LOCATED AT 21585 OLD STATE ROAD 4A 1-4, CUDJOE KEY, APPROXIMATE MILE MARKER 21.5, CURRENTLY HAVING PARCEL IDENTIFICATION NUMBER 00174960-000000. WHEREAS, on January 14, 2026, the Monroe County Planning and Environmental Resources Department received a revised application from Smith Hawks P.L. (the "Applicant") on behalf of Stock Island South, LLC (the "Nonresidential Development Property Owner") and on behalf of Mobile Homes Holdings Coco, LLC (the "Affordable Housing Property Owner"), in accordance with Monroe County Land Development Code ("LDC") Section 139-1(f)(4)(b), in order to adjust the distance required between projects in order to link a proposed nonresidential development located at 7101 Shrimp Road, Stock Island (the nonresidential development site) with an affordable housing project located at 21585 Old State Road 4A, Cudjoe Key (the affordable housing project site), which is 16.7 miles away from the nonresidential use, in order to satisfy the nonresidential inclusionary housing requirement; and WHEREAS, the proposed nonresidential development involves the new development of an industrial use with 8,821.81 square feet and tourist/ recreational use with 33,179.37 square feet; and WHEREAS, pursuant to LDC Section 139-1(f)(3)(a.) each new development project not exempted by subsection (4), shall mitigate 50% of the workforce housing demand created by the proposed development by one or a combination of the methods identified in subsection (5); and WHEREAS, in accordance with LDC Section 139-1(f)(4)(a.)(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 1 of 4 WHEREAS, in accordance with LDC Section 139-1(f)(5)(a.), the new development with 8,821.81 square feet for an industrial use and 32,179.37 square feet for a tourist/ recreational use generates the need for 21.752 affordable dwelling units with an in -lieu fee equivalent of $3,584,022.20, 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 eleven (11) affordable dwelling units (rounded up from 10.876) or payment of the in -lieu fee equivalent, which is $1,792,011.10; and WHEREAS, in accordance with LDC Section 139-1(g)(2), in addition, if a developer builds more than the required number of affordable units at a development site, this development project may be linked with a subsequent development project to allow compliance with the subsequent development's affordable unit requirement provided: the developer may not utilize affordable units previously built with County financial investment, other than building permit fee waivers and impact fee waivers; the projects are within a 15 mile radius of the nonresidential development/redevelopment; and the affordable units proposed to satisfy the inclusionary housing requirement may not have received certificates of occupancy three (3) years prior to the project approval for the development triggering the inclusionary housing requirement. Additionally, if the affordable units are proposed to satisfy nonresidential inclusionary requirements, the units are restricted to either workforce housing units for the owner of the nonresidential use that meets the sales price and annual income limits for owner -occupied housing, as defined in Section 101-1 or rental workforce housing units that meet the rental amounts and annual income limits for rental housing, as defined in Section 101-1. The linkage must be identified by the developer to the Planning Commission at the time of the subsequent development's conditional use approval; and WHEREAS, in accordance with LDC Section 139-1(g)(3), all linkages under this subsection may occur between sites within the county and in the cities of Key West, Marathon and Islamorada, subject to an interlocal agreement, where appropriate. The linkage must occur within 15 miles of each project and within the same geographic planning area, i.e., lower middle and upper keys. All linkages must be approved via a covenant running in favor of the County, and if the linkage project lies within a city, also in favor of that city. The covenant shall be placed upon two or more projects linked, stating how the requirements for affordable housing are met for each project. The covenant shall be approved by the BOCC and, if applicable, the participating municipality; and WHEREAS, on May 28, 2025, the Building Department issued building permit nos. MULTI- AFF-2023-0006, MULTI-AFF-2023-0007, MULTI-AFF-2023-0008, MULTI-AFF-2023-0009, MULTI-AFF-2023-0010, and MULTI-AFF-2023-0011, approving six (6) fourplex multifamily affordable housing dwelling structures, for a total of thirteen (13) new dwelling units and eleven (11) demolished mobile homes redeveloped as multifamily dwelling units, known as Units 36-59, on the affordable housing project site; and WHEREAS, on October 2, 2025, the Monroe County Building Department issued building permit no. SFDUP-AFF-2025-0005 approving the replacement of one (1) deed restricted mobile home dwelling unit with one (1) new deed restricted mobile home dwelling unit on the property. As of the drafting of this Memorandum, the building permit has not received Certificate of Occupancy ("CO"); and 2 of 4 WHEREAS, the Affordable Housing Property is located within a sixteen and seventh -tenths (16.7) mile radius from the Nonresidential Development Property; and 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 March 11, 2026, the Monroe County Board of County Commissioners ("BOCC" "Monroe County", 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. Recitals. The foregoing recitals are hereby incorporated as if fully set forth herein. Section 2. To the extent of any internal or external conflicts, inconsistencies, and/or ambiguities, within this Resolution or between this Resolution and the Monroe County Code of Ordinances, Florida Building Code, Florida Statutes, Florida Administrative Code, Monroe County Land Development Code, Monroe County Comprehensive Plan, or any other approval of the Monroe County Board of County Commissioners, Monroe County Planning Commission, Monroe County Development Review Committee, Monroe County Planning & Environmental Resources Department, Monroe County Building 3 of 4 Department, Monroe County Floodplain Management Office, or other department or office of Monroe County, the more restrictive rule, regulation, law, provision, interpretation, and text shall always apply. Section 3. Subject to Section 2. above, the interpretation of this Resolution and all provisions of the Monroe County Comprehensive Plan, Florida Building Code, Monroe County Codes, Florida Statutes, and floodplain management regulations whose interpretation arise out of, relate to, or are interpreted in connection with this Resolution, shall be liberally construed and enforced in favor of Monroe County, and such interpretation shall be entitled to great weight in adversarial administrative proceedings, at trial, in bankruptcy, and on appeal. Section 4. The Applicant's request to adjust the distance required between projects in order to link a proposed nonresidential development located at 7101 Shrimp Road, Stock Island (the nonresidential development site) with an affordable housing project located at 21585 Old State Road 4A, Cudjoe Key (the affordable housing project site), which is 16.7 miles away from the nonresidential use, in order to satisfy the nonresidential inclusionary housing requirement is hereby granted. Section 5. Non -Reliance by Third -Parties. No natural or legal person is entitled to nor may cite or rely upon this Resolution as putative precedent, nor to enforce or attempt to enforce any third -party theories of approval, relief, claims, entitlements, or benefits. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular public meeting held on this 1 Ith day of March, 2026. Mayor Michelle Lincoln, District 2 Mayor Pro Tem David Rice, District 4 Commissioner Craig Cates, District 1 Commissioner James K. Scholl, District 3 Commissioner Holly Merrill Raschein, District 5 (SEAL) BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA LE ATTEST: KEVIN MADOK, CLERK AS DEPUTY CLERK 4 of 4 Mayor Michelle Lincoln MONROE COUNTY ATTORNEY aN> vcu a„s ra�aaAr File #: Owner's Name: Applicant/Contact: 2025-250 Mobile Homes Holdings COCOILLC Smith Hawks, PL (Barton Smith & Jess Goodall) Type of Application: Inclusionary Housing Exempt K� Cudjoe RE #: 00174960-000000 00123720-000400 00174960-000000 Additional Information added to File 2025-250 AGENT AUTHORIZATION FORM Date of Authorization: 10 /2025 Month Day Year Barton W, Srnith, Esq. I hereby authorizeSMITH HAWKS, PL/ Jess Miles Goodall, Esq. be listed as authorized agent (Print Name of Agent) representing STOCK ISLAND SOUTH L.L.0 (Print Name of Property Owner(s) the Applicant(s)) for the application submission of ANY/ALL MONROE COUNTY PLANNING DEPARTMENT APPLICATIONS (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) See Attached Leqal Description. Stock Island Lot Block Subdivision Key (Island) 000123720-000400 90884,29 Real Estate (R]) / Parcel 11) Number Alternate Key Number 7101 Shrimp.,R - q - a - d,..K!�y,.Yypst, Florida 33040 .... . .. . . . .... . . ..................... ..... . ............... Street Address (Street, City, State & Zip Code) Approximate Mile Marker Authorized Agent Contact Information: 138 Simonton Street, Key West, FL 33040 Mailing Address (Street, City, State and Zip Code) (305) 296-7227 I . ..... ....... Work Phone Home Plione Cell Phone Ernail Address This authorization becomes effective on the date this affidavit is notarized and shall remain in effect until terminated by the undersigned. This 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) and/or 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 must provide a notarized authorizationftont ALL currentproperty owners. Signature of Property Owner: Date: STATE OF Fj()VjCAa COUNTY OF tAj CAnai Dq(f e, Sworn to and subscribed before one, by means of either 0 physical presence OR 0 online notarization, on y nC'+oy)-e'V 2(%, 1\1 elA V1 to �L day of by (PRINT NAME 01��NG STATEMENT) Who is R(personally known to me OR 0 produced as identification. fit Ti NotarNotaryPuojjc - State of Florida 1 H 202292 M 25 y rorTIM, �Xpires Nov 28, 20 ........... . 4SATURE ONOTARY PUBLIC PRINT, TYPE OR STAMP COMMISSIONED NAME OF NOTARY PUBLIC MY COMMISSION EXPIRES: ['ass Rc\ ist"d NLucll Doc # 2527167 Bk# 3360 Pg# 1077 Electronically Recorded 12/30/2025 at 2:23 PM Pages 19 Filed and Recorded in Official Records of MONROE COUNTY KEVIN MADOK ElectronicallyREC: S163.00 Prepared by and return to: Jess! Miles Goodall, Esq. SMITH HAWKS PL 138 Simonton Street Key West, FL 33040 (305)296-7227 . _ [Space Above This Line For Recording Data] MONROE COUNTY PLANNING DEPARTMENT THIRD AMENDED AND RESTATED EMPLOYEE HOUSING DEED RESTRICTION THIS DEED RESTRICTION SHALL BE INCORPORATED IN WHOLE AND REFERENCED BY BOOK AND PAGE NUMBER ON ALL TRANSFERS OF THE BELOW DESCRIBED REAL PROPERTY STATE OF FLORIDA COUNTY OF MONROE Notice is hereby given that: I. This Third Amended and Restated Declaration of Employee housing Deed Restriction (hereinafter "Deed Restriction") is made and entered into this 251" day of September, 2025 by MOBILE HOMES HOLDINGS COCO, LLC, a Florida limited liability company ("Declarant"), whose principal mailing address is 5555 College Road, Key West, Florida, 33040, as successor in interest to COCO PALMS DEVELOPERS, LLC, a Florida limited liability company ("Coco Palms"), supersedes in its entirety, that certain Declaration of Affordable Housing Deed Restrictions dated May 15, 2015, and recorded in Monroe County Official Records Hook 2747, Page 1667 ("Original Declaration'), as amended by that certain Amended and Restated Employee Housing Deed Restriction dated June 10, 2020, and recorded in Monroe County Official Records Book 3030, Page 1540 ("First Amendment"), This Declaration applies to each of the forty-six (46) residential units of employee housing located on that certain real property located at 21585 Old State Rd 4A, Overseas highway, MM 21, Cudjoe Key, Florida. The undersigned is the sole owner of that certain real property, situated, lying and being in Monroe County, State of Florida, bearing Real Estate No.: 00174960-000000 (the "Property"), being more fully described in the legal description attached hereto and incorporated herein as Exhibit A. 1I. The Residential Building Permit Number associated with the twenty-five (25) dwelling units being built on the Property, information related to the units, and the Site Plan are attached hereto and incorporated herein as Exhibit B. III. This Deed Restriction is for eleven (11) low income, eleven (11) median income; and twenty- four (24) moderate income housing dwelling unit. IV. Under the affordable housing provisions set forth in the Monroe County Land Development Regulations, the owner of the Property has been exempted from payment of "Fair Share Impact Fees" for the affordable employee housing to be constructed on the Property. The Monroe County Board of County Commissioners, at its regularly scheduled October 18, 2023, public meeting, approved a Resolution 492-2023, attached hereto as Exhibit waving building permit fees for Monroe County building permit numbers MULTI-AFF 2023-0006; MULTI-AFF 2023- 0007; MULTI-AFF 2023-0008; MULTI-AFF 2023-0009; MULTI-AFF 2023-0010; and MULTI-AFF 2023-0011. EMPLOYEE HOUSING DEED RESTRICTION Page 1 RE No.: 00174960-000000 493"912-4675, v. 6 :D�e_ Doe. # 2527167 Page Number: 2 of 19 V. The use of eleven (11) low income dwelling units are restricted for a period of at least ninety- nine (99) years to households with an adjusted gross annual income no greater than eighty (80) percent of the median adjusted gross annual income for tenant occupied households within Monroe County, if occupied by a tenant; eleven (11) median income dwelling units are restricted for a period of at least ninety-nine (99) years to households with an adjusted gross annual income no greater than one hundred (100) percent of the median adjusted gross annual income for tenant occupied households within Monroe County, if occupied by a tenant; and twenty-four (24) moderate income dwelling units are restricted for a period of at least ninety-nine (99) years to households with an adjusted gross annual income no greater than one -hundred twenty (120) percent of the median adjusted gross annual income for tenant occupied households within Monroe County, if occupied by a tenant. Pursuant to Comprehensive plan Policy 107.1.7 Coco Palms Affordable Housing Subarea 4(d)(v), the affordable housing income restrictions may be reconfigured within the Property so as to ensure occupant(s) can meet the income requirements for the unit occupied. Vl. The use of the eleven (11) low-income dwelling is restricted for a period of at least ninety-nine (99) years to households with an adjusted gross annual income no greater than eighty (80) percent of the median adjusted gross annual income for owner occupied households within Monroe County, if the owner(s) occupies the dwelling unit; eleven (11) median income dwelling units are restricted for a period of at least ninety-nine (99) years to households with an adjusted gross annual income no greater than one hundred (100) percent of the median adjusted gross annual income for owner occupied households within Monroe County, if the owner(s) occupies the dwelling unit; and twenty-four (24) moderate income dwelling units are restricted for a period of at least ninety-nine (99) years to households with an adjusted gross annual income no greater than one -hundred twenty (120) percent of the median adjusted gross annual income for owner occupied households within Monroe County, if the owner(s) occupies the dwelling unit. V Il. The employee housing units are intended to and shall serve only as affordable permanent housing for working households, which derive at least seventy (70) percent of their household income from gainful employment in Monroe County and meet the requirements for affordable housing. VIII. The maximum sales price for an owner -occupied affordable housing unit shall mean a price not exceeding three and three quarters (3.75) times the annual median household income in Monroe County for a one (1) bedroom or efficiency unit, four and one quarter (4.25) times the annual median household income for Monroe County for a two (2) bedroom unit, and four and three quarters (4.75) times the annual median household income for Monroe County for a three (3) or more bedroom unit. Notwithstanding any language to the contrary contained in this Deed Restriction, this Deed Restriction shall not restrict the sale or sales price of the Property to an entity or entities that shall continue to rent the unit on the Property pursuant to the terms and affordable restrictions of this Deed Restriction. IX. The covenants shall be effective for ninety-nine (99) years but shall not commence running until a certificate of occupancy has been issued by the building official for the thirteen (13) dwelling units on the Property. This Deed Restriction shall remain in effect for ninety-nine (99) years regardless of the owners or occupants' ability to comply or re -qualify on an annual basis or as otherwise may be required. The covenants against the existing sixteen (16) multi -family dwelling units on the Property remain effective for ninety-nine (99) years from the date a `0_%ftl EMPLOYEE, HOUSING DEED RESTRICTION Page 2 011"\ RE No.: 00174960-000000 4 r, 4938-8912-4675, v. 6 Doe. # 2527167 Page Number: 3 of 19 certificate of occupancy was issued by the building official, which date was August 9, 2021. The covenants against the existing seventeen (17) mobile home units, including the eleven (11) being demolished and rebuilt as multi -family affordable units on the Property remain effective for ninety-nine (99) years from the date the First Amended and Restated Employee Housing Deed Restriction was recorded, which date was July 7, 2020. X. At the time of sale of an owner -occupied affordable housing unit, said unit may only be sold to a household within that unit's same income category. E.g., an owner -occupied affordable housing unit which is encumbered by a moderate -income deed restriction may only be sold to another household that qualifies for the County's above -described moderate -income category or lower. Xl. Tourist housing use or vacation rental use of affordable or employee housing units is prohibited. XII. Encumbrances. There are no mortgages on the Property, other than those mortgages listed on 1,° h,i it, ID, nor will any additional mortgages be recorded on the Property prior to the recording of this Deed Restriction. We understand that a Joinder by the mortgagee (lender) will be required to be included with this Deed Restriction if another mortgage or modification to the above referenced mortgage and modifications is obtained prior to this Deed Restriction being recorded in the Official Records of Monroe County, Florida. There are non -mortgage encumbrance(s) on the Property, other than those non -mortgage encumbrance(s) listed on Exhibit EE, no non -mortgage encumbrance(s) will be recorded on the Property prior to the recording of this Deed Restriction. The undersigned understands that a Joinder by the non -mortgage encumbrance -holder will be required to be included with this Deed Restriction if a non -mortgage encumbrance is obtained prior to this Deed Restriction being recorded in the Official Records of Monroe County, Florida. XIII. All of the restrictions herein shall be binding upon any transferees, lessees, heirs, assigns or successors in the chain of title for the property and owner-occupant(s) and tenant -occupants) thereto, it being recognized that recordation of this Deed Restriction constitutes constructive notice to all interested parties. XIV. No equity may be borrowed against the value of the employee housing units, which exceeds the maximum sales price in Paragraph V1II. This prohibition is for an aggregate loan amount of all equity against the unit. A series of smaller equity loans may not be obtained whose total loan amount exceeds the maximum sales price in Paragraph VIII. XV, Breach or Violation. In the event of breach of violation of the restrictions or terms herein, the County shall provide a written "Notice of Default" or "Notice of Violation" to the defaulting undersigned Grantor(s), the defaulting owner-occupant(s), and/or the defaulting tenant(s) thereto, and a defaulting party shall have the right to cure such breach(es) or violation(s) within thirty (30) calendar days of receipt of notice of such breach(es) or violation(s). Uncured breach(es) or violation(s) of the terms of and restrictions imposed by this Deed Restriction shall, without any additional notice beyond this Deed Restriction's recordation, entitle the County to immediately suspend, without liability to the County, development applications, pending permits, approvals, and inspections, of which are contingent upon the EMPLOYEE HOUSING DEED RESTRICTION Page 3 RE No.: 00174960-000000 4938-8912-4675, v. 6 , Doe. # 2527167 Page Number: 4 of 19 effectiveness of and compliance with this Deed Restriction, except for those permits, approvals, or inspections necessary to cure such breach(es) or violation(s). Uncured breach(es) or violation(s) of a term or restriction imposed herein shall be presumed to constitute a breach or violation of an irreparable or irreversible nature. In the event of any suit, action, proceeding, in law or in equity, by the County to enforce the restrictions or terms contained herein, if the County prevails in any such suit, action, or proceeding, on trial or appeal, the County shall be entitled to reasonable attorney's fees, including trial, appellate, bankruptcy, and post judgment costs and collection proceedings for the maintenance or defense of any such suit, action, or proceeding, to be paid by the losing party(ies) as fixed by the court. Any judgment so rendered in favor of the County in connection with any such suit, action, or proceeding arising out of, related to, or in connection with this Deed Restriction, shall bear interest at the highest rate allowed by law. The County shall recover reasonable legal and professional fees attributable to the preparation, administration, and enforcement of such suit, action or proceeding, from any person(s) and/or entity(ies) from or to whom a demand or enforcement request is made, regardless of actual initiation of a suit, action, or proceeding. These remedies are in addition to any other remedy, fine, or penalty which may be initiated under, including, but not limited to, Chapter 162, Florida Statutes. XVI. of t-anti-Several Liability, If the undersigned Grantor(s), owner -occupants) thereto, or tenant-occupant(s) thereto, or successors in title to or interest in the property or any other non - County natural person(s) or legal person(s) are party(ies) to any suit, action, or proceeding, in law or in equity, initiated or filed by the County to enforce any provision, restriction, or term contained herein, and consists of more than one person(s) or entity(ies), all such person(s) and entity(ies) shall be jointly -and -severally liable. XVIL Cumulative Remedies. In the event of any breach or violation of the restrictions or terms herein, the County shall, without liability to the County, have the right to proceed at law or in equity as may be necessary to enforce compliance with the restrictions or terms hereof, to enjoin activities, construction, maintenance, practices, repairs, and uses inconsistent with the restrictions or terms hereof, and to otherwise prevent the breach or violation of any of them, to collect damages, and is both authorized and entitled to enforce this Deed Restriction by emergency, preliminary, and permanent injunction, including by ex parte motion and action for such injunction(s), it being hereby expressly and specifically agreed -upon that the County has no adequate remedy at law for such breach(es) or violation(s), or such other legal method as the County deems appropriate. All rights and remedies accruing to the County are assignable in whole or in part and are cumulative; that is, the County may pursue such rights and remedies as the law, and this Deed Restriction afford it in whatever order the County desires and the law permits. The County's resort to any one law(s) or remedy(ies) in advance of any other shall not result in waiver or compromise of any other law(s) or remedy(ies). The undersigned Grantor(s) hereby agree(s) to and shall pay for all costs associated with the County's actions to enforce this Deed Restriction. Failure by the undersigned Grantor(s), or owner -occupants or tenant -occupants thereto, to comply with or perform any act required by or under this Deed Restriction shall not impair the validity of this Deed Restriction or the conditions, provisions, reservations, restrictions, rights, or terms hereof or limit their enforceability in any way. EMPLOYEE HOUSING DEED RESTRICTION Page;'7 RE No.: 00174960-000000 4938-8912-4675, v. 6 Doc. # 2527167 Page Number: 5 of 19 Enforcement of the conditions, provisions, restrictions, and terms of this Deed Restriction shall be at the discretion of the County. The County's delay or failure to enforce or omission in the exercise of any condition, provision, reservation, restriction, right, or term contained herein, however long continued, shall not be deemed a waiver or estoppel of the right to do so thereafter as to any violation(s) or breach(es). No County waiver of a breach of any condition, provision, reservation, restriction, right, or term hereof, shall be construed to be a waiver of any succeeding breach of the same. XVIH. Limitation of Liabilit . In the event of any litigation concerning any condition, provision, restriction, or term of this Deed Restriction, the undersigned Grantor(s), and owner-occupant(s) and tenant -occupants) thereto, hereby waive their right to a jury trial. The undersigned Grantor(s) further agree that no claim(s) shall be made by it for any delay or hindrance allegedly attributable to the County during the progress of any portion of or during the effective period of this Deed Restriction. XIX. Duty to Cooperate and No arbitration. The undersigned Grantor(s), and owner-occupant(s) and tenant -occupants) thereto, shall, to ensure the effective implementation of the government purpose furthered by this Deed Restriction, cooperate with the County's reasonable requests submitted to said Grantor(s), and owner -occupants) and tenant -occupants) thereto, regarding the conditions, restrictions, and terms contained herein. No suit, action, or proceeding arising out of, related to, or in connection with this Deed Restriction is subject to arbitration, and mediation proceedings initiated and conducted that arise out of, relate to, or are in connection with this Deed Restriction shall be in accordance with the Florida Rules of Civil Procedure. X.X. Governing Law Venue. This Deed Restriction is, and the enforcement of the restrictions, terms, and obligations established therefrom are governed by the Monroe County Comprehensive Plan, the Monroe County Code(s), the Florida Building Code, and the Florida Statutes, and shall be liberally construed to effectuate the public purpose of this Deed Restriction. Exclusive venue for any dispute arising from or under, relating to, or in connection with, this Deed Restriction, shall be in the Sixteenth Judicial Circuit in and for Monroe County, Florida. XXI. Construction and Triter retati n. The construction and interpretation of such, and all other, Monroe County Comprehensive Plan provision(s) and Monroe County Code(s) provision(s) shall be deferred in favor of the Monroe County (a/k/a Monroe County Board of County Commissioners) and such construction, and interpretation shall be entitled to great weight on trial and on appeal. XXII. Inconsistency, Partial invalidity, Severability, and Survival of Provl io rs. If any condition, provision, reservation, restriction, right, or term of this Deed Restriction, or any portion thereof, is/are held invalid or unenforceable in or by any administrative hearing officer or court of competent jurisdiction, the invalidity or unenforceability of such condition, provision, reservation, restriction, right, term, or any portion(s) thereof, shall neither limit nor impair the operation, enforceability, or validity of any other condition, provision, reservation, right, term, or any remaining portion(s) thereof. All such other conditions, provisions, reservations, restrictions, rights, terms, and remaining portion(s) thereof shall continue unimpaired in full force and effect. EMPLOYEE HOUSING DEED RESTRICTION Page S RE No.: 00174960-000000 e , 4938-89124675, v. 6 Doe. # 2527167 Page Number: 6 of 19 XXIII. Captions and Paragraph Readin s. Captions and paragraph headings, where used herein, are inserted for convenience only and are not intended to descriptively limit the scope and intent of the particular paragraph or text to which they refer. XXIV. Authority to Attest. Each party to this Deed Restriction represents and warrants to the other that the execution, delivery, and performance of this Deed Restriction has been duly authorized by all necessary corporate and other organizational action, as required. XXV. Entire AgregMtg. This Deed Restriction constitutes the entire Deed Restriction and any representation or understanding of any kind preceding the date of this Deed Restriction's execution or recordation is not binding upon the Grantor(s) or the County, except to the extent that it has been incorporated into this Deed Restriction. I/we certify that I/we am/are familiar with the information herein contained and that it is true and correct; and I/we will abide by the above stated restrictions pursuant to Monroe County Code as may be amended from time to time. WITNESSES: Name: ie—ss—Miles Goodall 138 Simonton Street Key West, FL 33040 Witness Name: Peter Kammerer Address: 138 Simonton Street Key West, FL 33040 STATE OF FLORIDA COUNTY OF MONROE I- 101�1j� MOBILE HOMES HOLDINGS COCO, LLC, a Florida limited liability parry, By: Barton W. rjnj6a.v Manager 138 Simonton Street Key West, FL 33040 The foregoing instrument was acknowledged before me by means of pkvsicaL presence, this day of September, 2025, by Barton W. Smith, as manager of MOBILE HOMES HOLDINGS COCO, LLC, a Florda limited liability company, who is personaUX known to me. Notary PWIC $W# of Fiorlds Notary Public (,Signattfre) Brand{ Groan My COMMI&Ootk HK 5MI? Brandt been Expites e12912026 Notary Public (Print Name) My Commission Expires: 06/21-9/2028 EMPLOYEE HOUSING DEED RESTRICTION Page 6 RE No.: 00 174900-000000 4938-8912-4675, v. 6 Doe. # 2527167 Page Number: 7 of 19 EXHIBIT A LEGAL DESCRIPTION LEGAL DESCRIPTION (Upland): A portion of Lot 30 Sacanua a subdivision of Goverrunent Lots 3 and 4 in Section *19. Tovvuship 66 South. Range 28 East. Cudjoc Key, Mortroe County. Florida. recorded in Plat Book 2. Page 48 of the Public Records of Monroe County. Florida. and being niorc particularly described as follows: BEGI' at the Southwest corner of said Lot 30. thence N 00"28'49" W along the Westerly Line of said Lot 30 for a distance of 431.51 feet: thence N 49*34'16" E a distance of 6.89 feet; thence N 6.1*43'59",E a distanec of 17.84 feet: thcriceN 74'45*27" E for a distance of 25.07 feet-. thence N 52'3 6'l 1 " E for a distance of 6.04 feet: thence N 19*29*19" E for a distance of 10.62 feet. dieuce N 13'02'59- E for a distance of 26.10 feet-. dMice'N" 51*09'27" F- for a distance of 8.57 feet': thence N 76*25'20" E for a distance of 49.13 feet: thencc N 83'33'01, " E for a distance of 20.97 feet: thence NN 71151*34" E for a distance of 29.93 feet: thence S 75' '26'35" E for a distance of 8.32 feet: thence S 361-'22115" E for a distance of 16.80 feet: thence S 12"41*1 V E for a distance of 31.84 feet: i4,jence S 13 1! 7'59" E for a distance of 38.49 feet-, thence S 26* 1 I'l 2" E for a distance of 5.72 feet to the Easteti), Line of said Lot .40: Thence S 00"2849" E along the said Easteriv Line of said Lot 30 for a distance of 464.64 feet to the Southeast corer of said f ot 30: thence N 7910738" NV along the South Line of said Lot 30 (also being the Northerly Right -of -Way Line of Old Start Road 4A) for a distance of 91.48 feet to a point of curvature of 3 curve concave to the South- thence in a Westerly direction along the ctuve. having a radius of 2015,86 feet- a Central angle of 03'09'5S". a chord bearing of N' 8042',47" W and a chord length of 111.93 feet. for au are distance of 111.95 feet to the Point of Beginning. Containing 100.371 sq. ft. or 2.3 Acres. tnort or lt4s.j EMPLOYEE HOUSING DEED RESTRICTION RE No.: 00 174960-000000 4938-8912-4675, v. 6 Page 7 Doe. # 2527167 Page Number: 8 of 19 EXHIBIT B BUILDING PERMIT NUMBERS AND UNIT BREAKDOWN: Building # Permit #O'd Ne Uw Bedrooms New Address ROGO G 4 # Unit # Income limit - 5 MULTI-AF.W 36 1 �. 2 ... 21567 Old �....�.. F- State Road 4A, Unit I Moderate 2023-0006 _ __... 5 -....... ._...._�.,� ....._..37 2 .._. 2 21567 Old State __._.-____............. ^ e Road 4A, Unit 2 Moderate 5 38 3 2 _ 21567 Old State Road 4A, Unit 3 Moderate e 5 ^ 39 - 4.. 2 - 21567 Old State Road µ 4A, Unit 4 Moderate .......6 - MUL-TI-AFF- 40 1 2 21569 Old State Road 4A .... ,Unit 1 Moderate 2023-0007 ^ 41 2 � 2- 21569 Old State Road 4A, Unit 2 Moderate 6_... ^ 42._._.. _.._3.-2 ._.,..21569 ....... Old State Road 4A, Unit 3 Median ,......�w ......_.._�..... _�.-_... 43 4 2 21569 Old State Road 4A, . � 6 Unit 4 Median 7_.... MULTI-AFF- 44 1 2 21581 Old State Road 4A, Unit I Median 2023-0008 _ 7 ^ 45 _ 2 21581 Old State Road 4A, Unit 2 Median _. 7 ^. 46 ....... 3 2 21581 Old State Road 4A, Unit 3Median 7- ^ 47 4 - 2 21581 Old State Road 4A, Unit 4 - Median _w....._ 8 .... MULTI-AFF-�48 ... 1 .Gu 2_..�... .21579 Old Stat..,�.__� e Road 4A Unit I Moderat e rate 2023-0009 _ ........... $ ^ 49 _ 2 2 .... �...�-u., ..,� Z1579 Old State Raid 4A Unit 2Moderate 8^ 50 3 2 21579 Old State Road 4A Unit o ._ww ......w .... -.w � 3 Moderate ..-�.. 4 _ 2 .. 2154, Unit ..�..-. 8 ^ 51 79 Old "Mate RaadA . � _ � � t 4 Moderate 9 MULTI-AFF- 52 1 2 21577 Old State Road 4A, � ' Unit 1 Moderate zo23-oola ............._53 ......... � . 2 .._ 2157... aids . .� .-�.�.... ^ 7 State Road 4A Unit 2 Moderate 921577 Road 4A, ..-....__-__ ^ �Unit Moderate .. �.55 4 2 21577 Old State Road _ t �u ^ 54 3 2 21577 Old State 9 r _ 4A, Unit 4 Moderate 10 MULTI-AFF- 56 1 2 21575 Old State Road 4A, Unit 1 Moderate 2023-0011 _ 10 ^ 57 2 2 21575 Old State Road 4A, Unit 2 Mod ww_._�........ crate 10 ....�....A ....M _, 58....m_ 3 21575 2 �-�._._�_.,.w._-_______.. -2 5 Old State Road 4A, Unit 3 Moderate 10^ 59 4 2 21 .._... .... .. ._... _�__ .. 575 Old State Road 4A, Unit 4 Moderate Mobile SFDUP-AFF- 4 N/A 2 21565 Old State Road 4A Low Home 2025-0005* * This unit replaced a previously existing unit during development, so is characterized here as a new unit, however, no new development rights were approved or created since the Second Amended and Restated Employee Housing Deed Restriction was executed and Recorded in the Official Records of Monroe County, Florida. EMPLOYEE HOUSING DEED RESTRICTION "'a e 8 RE No.: 00174960-000000 4938-8912-4675, v. 6 k �r. Cr Doc. # 2527167 Page Number: 9 of 19 THE EXISTING TWENTY-ONE DWELLING UNITS ON THE PROPERTY ARE LISTED BELOW FOR. EASE OF REFERENCE Building # Permit # Old New Bedroom New Address ROGO Unit # Unit t! S _ Income Limit 1 19104206 20 1 2 21585 Old State Road 4A, Unit 1 Median I 21 2 _.._....... ....._____-. 2 21585 Old State Road 4A, Unit 2 ..... �...... Low 1 ^ 22 3 2 21585 Old State Road 4A, Unit 3 Median 1�� ^� 23 4 2 21585 Old State Road �4 A, Unit 4 Low 2 19104207 24 1 2 21559 Old State Road 4A, Unit 1 Low 2 A 25 2 2 21559 Old State Road 4A, Unit 2 Low 2 _...._._. A 26 3 2 .... 21559 Old State Road..4A, Unit 3 Moderate 2_... A 27 4 2 21559 Old State Road 4A, Unit 4 Moderate 3 19104205 _ 28 1 , 2 21557 Old State Road 4A, Unit I __._......, �........... ... ........... . Moderate 3 ^ 29 2 . W 2 21557 Old State Road 4A, Unit 2 _.....�w_. ..�..�21557 Median 3..__ _._. ^ 30 3 2 M.,.,.. Old State Road 4A, Unit 3 Moderate 3 " 31 4 2 21557 Old State Road 4A, Unit 4 M.�.... oderate 4 19104204 32 1 2 21587 Old State Road 4A, Unit I Moderate 4 _ - ^ 33 2 2 21587 Old State Road 4A, Unit 2 Median .....................4 A 34 3 2 21587 Old State Road 4A, Unit 3 �...._.��........� Low 4 ^ 4 2 21597 Old State Road 4A, Unit 4 Median Mobile N/A .. IA N/A 2 21561 Old State N Rand 4A Low Home .. Mobile N/A 2 NlA-.....�...�. 2 21563 Old State Road 4A Low Home __-www...._ .......... _._w_w� _ .........__m_ ..... ..........__. ._ Mobile N/A 3 N/A 2 21583 Old State Road 4A Low Home ��....... ,. ._._.... _ �_�..-. _ .... .. ...,_ Mobile N/A 12 N/A � Road 4A 2 21571 Old State Law NN Home ..�. ..�� Mobile N/A 13 N/A.„,��N 2 21573 Old State Road 4A Low Home EMPLOYEE HOUSING DEED RESTRICTION RE No,: 00 } 74960-000000 493M912-4675, v. 6 Page 9 Doe. # 2527167 Page Number: 10 of 19 � »WMM» AMWFY51»Yp bYdmot � ,_�"' "��u�a:�„ "° a '� y,, *� CR � ►'1 !� NY» »IA AYMIp'»NWM.� 57y Y tvrv� \� P HIMyy"»»"99yy�,, ^�»y�,yy qq y pp yy Epp F A41W�III+F. � � � ...... R^u„d,p � „ � y2p✓ �„W �.. ��xY W'+.d" �'� ... aM } ^� µ. 4 Hd U" ,.wm-.R:hh- WM1r Np....wwr...• .w�Rw.Y .. � B x n WA%'YFG ? r mrnaxwrrrriuww w < bib a Y lip. v W14 4X "a w �a�wc�mnmrrurmmarc'"°�i"• � w.—..m wr.,.�.,-_ .,. @� .g ».R ; rv"+$ pry y. �„t � r •AgIX» » 1 RRRn � �4'N:4mtl »y 'IS Doe. # 2527167 Page Number: 11 of 19 EXHIBIT C RESOLUTION 2 3 4 5 6 MONROE COUNTY, FLORIDA 7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 8 RESOLUTION NO. 492 - 2023 9 10 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY 11 COMMISSIONERS WAIVING APPROXIMATELY $210,830 IN 12 BUILDING PERMIT FEES FOR A TOTAL OF 24 MODERATE INCOME 13 OR BELOW AFFORDABLE EMPLOYEE HOUSING DWELLING UNITS, 14 TO BE CONSTRUCTED ON A PARCEL LOCATED AT 21585 OLD STATE 15 ROAD 4A, ON CUDJOE KEY CURRENTLY HAVING PARCEL 16 IDENTIFICATION NUMBER 00174960-000000. 17 18 WHEREAS, on November 18, 2009 the Monroe County Board of County Commissioners 19 ('Board") passed and adopted Ordinance 036-2009, allowing building permit fee waivers for 2:0 entities building low income housing leveraging state, or federal funds, or affordable housing as 21 defined by state statutes; and 22 WHEREAS, on February 10, 2010, the Board passed and adopted Ordinance 004-2010, 23 allowing waivers for housing for households up to 120% of median income in Monroe County. 24 Housing exceeding 120% may also apply for a waiver if the specific project for development is 25 being subsidized with or is leveraging state or federal funding; and 26 WHEREAS, on April 15, 2020, the Board approved Resolution 094-2020, waiving 27 building permit fees for Mobile Homes Holdings Coco, LLC to construct four, four -unit buildings 29 containing a total of 16 affordable housing units on the subject property on Cudjoe Key and these 29 four buildings have been completed and received a total of $66,801.48 in waived fees-, and 30 WHEREAS, on September 27, 2023 Smith Hawks, PL, Agent for the Applicant Mobile 31 Homes Holdings Coco, LLC submitted the Application for Building Permit Fee Waiver, The 32 legislative intent of this Resolution is that the instant waiver shall apply to the building permit 33 applicant of record; and 34 WHEREAS, Monroe County Code Section 6-108(e) allows the Board approval for 35 waivers of building permit fees for affordable housing which have a Development Order in effect. 36 The Applicant of Record is requesting building permit fee waivers totaling approximately 37 $210,830 to construct 24 affordable two bedroom, two bathroom housing units at 21585 Old State Page I of 2 EMPLOYEE HOUSING DEED RESTRICTION i1age RE No.: 00 174960-000000 493&8912-44575, v. 6 Doe. # 2527167 Page Number: 12 of 19 38 Road 4A on Cudjoe Key, through six (6) four -unit multi -family buildings comprising 24 moderate 39 income units, or below. 40 41 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 42 COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: 43 The foregoing recitals are true and correct and are hereby incorporated as if fully stated 44 herein; and 45 Building permit fees are waived pursuant to Monroe County Code Section 6-108(c) for 46 each of the 24 affordable housing units described herein with the condition that evidence of an 47 Affordable Housing Deed Restriction accepted and/or approved by both the Senior Director of 48 Planning & Environmental Services and the Office of the County Attorney and recorded in the 49 Public Records of Monroe County, Florida. 50 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 51 Florida, at a regular meeting held on the I Sth day of October, 2023, 52 53 CA Clerk 62 63 64 65 66 67 68 69 70 71 Mayor Craig Cates YQA Mayor Pro Tem Holly Merrill Raschein _y_qk_ CommissionerMichelle Lincoln Yes Commissioner Jarnes Scholl Y Commissioner David Rice Yes ti 'k IXTJ B 76, ayor a a Jill W LG y Mayor C06 MONROE COUNTY ATTORNEY APPROVED AS TO FORM Kelly Dugap'�M'='_'=— KELLY DUGAN ASSISTANT COUNTY ATTORNY M. C) CM Page 2 of 2 EMPLOYEE HOUSING DEED RESTRICTION RE No.: 00174960-000000 4938-8912-4675, v. 6 Doe. # 2527167 Page Number: 13 of 19 EXHIBIT D MORTGAGES Mortgage and Security Agreement (Hypothecated) dated May 29, 2015, given by Mobile Homes Holdings, LLC, a Florida limited liability company, Mobile Homes Holdings Coco, LLC, a Florida limited liability company, Mobile Homes Holdings Suncrest, LLC, a Florida limited liability company, and Barton W. Smith, as borrowers, and Mobile Homes Holdings Coco, LLC, a Florida limited liability company as mortgagor, and recorded in Official Records Book 2743, Page 394, of the Public Records of Monroe County, Florida, as modified by that certain Modification of Promissory Note, Mortgage and Loan Documents dated February 14, 2019 and recorded in Official Records Book 2949, Page 2114, or the Public Records of Monroe County Florida, as further modified and increased by that certain Modification of Promissory Note, Mortgage and Loan Documents and Receipt for Future Advance dated May 18, 2020, and recorded in Official Records Book 3023, Page 378, of the Public Records of Monroe County Florida, and as further modified by that certain Modification of Mortgages and Loan Documents dated February 3, 2023, and recorded in Official Records Book 3221, Page 1647, of the Public Records of Monroe County, Florida, in favor of Truist Bank, a North Carolina banking corporation with a principal address of 1010 Kennedy Blvd., Suite 100, Key West, FL 33040. EMPLOYEE HOUSING DEED RESTRICTION Page 12 RE No.: 00174960-000000 4938-8912-4675, v. 6 Doe. # 2527167 Page Number: 14 of 19 JOINDER BY MORTGAGEE The LA11dCrSig1]Cd,'FRU1S'F BANK, a North Carolina banking corporation, f/k/a BRANCH BANKING AND'I'Rus,r COMPANY, a North Carolina banking corporation, with a principal address of 1010 Kennedy Blvd.. Suite 100, Key West, FL 33040, Mortgage and Security Agreement (Hypothecated) dated May 29. 2(115, given by Mobile Hornes Holdings, LLC, a Florida limited liability company, Mobile Homes 1101dillgS Coco, LLC,a Florida limited liability company, Mobile Homes Holdings Suncrest, LLC. a Florida litnitmi liability company. and Burton W. Smith, as borrowers, and Mobile Homes Holdings Coco, LLC, a Florida limited liability company as mortgagor, and recorded in Official Records Book 2743, Page 394, of the Public Rccords of. Monroe CounW, Florida, as modified by that certain Modification of Prornissory Note, Mortgage and Loan documents dated Febntary 14, 2019 and recorded in Official Records Book 2949. Page 2114, 01'010 Public Records of Monroe County Florida, as further modified and increased by that certain Modificatioil or Promissory Note. Mortgage and Loan Documents and Receipt for Future Advance dated May 18, 2020. and recorded in Official Records Book 3023, Page 378, of the Public Records of Monroe County Florida, and as ftirlher modified by that certain Modification of Mortgages and Loan Documents dated I-ebruary 3, 2023, and recorded in 0111cial Records Book 3221, Page 1647, of the Public Records of Monroe County, Florida. does hereby acknowledge that the terms of this Declaration ofAffordable Housing- Deed Restrictions are and shall be binding upon the undersigned and its successors and/or assigns. WITNESSES: N 0, (-L&)- -'i`c o y A drr�sskt V'Qj' Nan 'W7/ 19 Address STATE OF FLORIDA COUNTY MONROF MORTGAGEE: TRUIST BANK, a North Carolina banking corporation, f/k/a BRANCH BANKING AND TRUST COMPANY, a North Carolina banking corporafio By: . . . ....... . . Name:j AV Vr Act Title: Z- z /1- 0 The foregoing inSti L1111Cnt was acknowledged before ine by nlwns of physical presence or online notarization. (hih dav 01'" by as Of sc, TRUIST BANK,a North ( arohna banking corPoration, l7k/a Branch Banking and Trust Company, allorth Carolina bankinf� cmp ow6oll W110 is 9 1 personally known to me or who produced as identification, q'i AMANA CORSI # I Notary Pubilic, State of Ftorida 00mmiWW RH 3 16564 My comm eA#res Sept„ 26, M6 4913-8129-4699. v 1 Path Namc: , Commission No..0 F Commission Expires:—(-( ......... Doe. # 2527167 Page Number: 15 of 19 EXHIBIT E NQN-MORTfjA(-ZEE,NCVMBRANCES 1 „ Assignment of Leases, Contracts, Rents and Profits, executed by and between Mobile Homes Holdings, LLC, Mobile Homes Holdings Coco, LLC, Mobile Homes Holdings Suncrest, LLC, and Barton W. Smith (borrowers); Mobile Homes Holdings Coco, LLC (mortgagor), to Branch Banking and Trust Company (lender), recorded in Official Records Book 2750, Page 1542, of the Official Records of Monroe County, Florida, and re -recorded in Official Records Book 2761, Page 2150, of the Official Records of Monroe County, Florida. 2. Monroe County, Florida Grant of Conservation Easement, executed by and between Mobile Homes Holdings Coco, LLC, and Monroe County, Florida, recorded in Official Records Book 3033, Page 1460, of the Official Records of Monroe County, Florida. 3. Grant of Easement, executed by and between Mobile Homes Holdings Coca, LLC, and The Utility Board of the City of Rey West, Florida, d/b/a Keys Energy, recorded in Official Records Book 3048, Page 1742, of the Official Records of Monroe County, Florida. 4. Terms and conditions of County Ordinance No. 10-1977 for the collection of waste in the County of Monroe, State of Florida, and amendment thereof, County Ordinance No. 13-1978. 5. Terms and conditions of State law under Chapter 76-190 and Chapter 22F-8.02 of the Florida Administrative Code for Land Planning for the Florida Keys Area of Critical State Concern as recorded August 13, 1976, in Official Records Book 668, at Page 43, of the Public Records of Monroe County, Florida. 6. Terms and provisions of Development Agreement recorded December 19, 2013, in Official Records Book 2663, Page 1918, affected by First Amendment recorded December 17, 2014, in Official Records Book 2716, Page 2223, of the Public Records of Monroe County, Florida. 7. Terms and conditions of Agreement and Grant of Easement for installation and Maintenance of Low - Pressure Sewer System Pump Station filed July 1, 2015, in Book 2748, Page 1662. 8. Monroe County Planning Department Second Amended and Restated Employee Housing Deed Restriction recorded in Book 3327, Page 1415. 9. Terms and Provisions of Monroe County, Florida, Resolution No. 158-2015, July 20, 2015, as recorded in Book 2751, Page 1869. 10. Terms and Provisions of Monroe County, Florida, Minor Conditional Use Permit Development Order No. 04-15 as recorded August 11, 2015, in Book 2755, Page 1667. 11. Terms and Provisions of Monroe County, Florida, Minor Conditional Use Permit Development Order No. 05-15 as recorded September 11, 2015, in Book 2760, Page 896; and as recorded February 1, 2016, in Book 2780, Page 288 12. Terms and Provisions of Monroe County, Florida, Minor Conditional Use Permit Development Order No. 07-15 as recorded February 1, 2016, in Book 2780, Page 292; and as recorded February 1, 2016, in Book 2790, Page 299. EMPLOYEE HOUSING DEED RESTFJCTION Page 14 RE No.: 00174960-000000 4933-89124675. v, 6 Doe. # 2527167 Page Number: 16 of 19 13. Terms and Provisions of Monroe County, Florida Planning Commission Resolution No. P. 49-19 as recorded April 1, 2020, in Official Records Book 3016, Page 1123, 14. Terms and Provisions of Monroe County, Florida Planning Commission Resolution No. P49-19 as recorded April 22, 2020, in Official Records Book 3019, Page 537. 15. Declaration of Restrictions as recorded May 14, 2020, in Book 3022, Page 1180. 16. Resolution No. P34.23 recorded in Book 3253, Page 1762. EMPLOYEE HOUSING DEED RESTRICTION �0'Ia ge 'i P5 . RE No., 001'74960-000000 493"9124575, v. 6 Doe. # 2527167 Page Number: 17 of 19 AFFIDAVIT' OF MOBILE HOMES HOLDINGS CQQ0 .1—LLC Before me, a notary public appeared, Barton W. Smith, as Manager of MOBILE HOMES HOLDINGS COCO, LLC, a Florida limited liability company, who after being duly sworn, deposed and states as follows: 1. MOBILE HOMES HOLDINGS COCO, LLC is a limited liability company organized under the laws of Florida ("the Company") pursuant to that certain Articles of Organization effective May 12, 2015. 2. 1, as Manager of the Company, am authorized to act on behalf of the Company and I have never resigned or been removed as a Manager. 3. That I have the authority to execute any and all documents on behalf of the Company. 4. The undersigned makes this affidavit with full knowledge that Monroe County requires compliance with Affordable Housing requirements. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK, SIGNATURE PAGE TO FOLLOW] AFFIDAVIT OF MOBILE HOMES HOLDINGS COCO, LLC. Pagel of2 4903-4340-0964, v. 3 Doc. # 2527167 Page Number: 18 of 19 WITNESSES: Witrics, anne:- s: 0 8 Simonton Street Key West, FL 33040 ........................ i r ,sName: ,.Ted Mks a=lall Address: 138 Simonton Street Key West, FL 33040 A1100 W&IJ =0 LON1 U91 D1 OWNER: MOBILE HOMES HOLDIN S ("'o a Florida limitedli- m By: SIII r. 138 Simonton Street Key West, FL 33040 The foregoing instrument Ws, acknowledged before me by means of 'physical presence or F-1 online notarization, this ?A 8ay of November, 2025, by Barton W. Smith, as manager of MOBILE HOMES HOI INGS COCO, LLC, a Florda limited liability company, on behalf of the company, A Ypersonally known to me or F who produced NIA as identification. My Commission Expires_wp �„") 1)"arypu�,-'i A"(Si ' L Not&ry pubtlo Stste of floijide Brondi Green Notary Public 01), Name) '"ry Pubt"' A My COMMJS%orw W4 5113t7 Alm EXpires 612012028 AFFIDAVIT OF MOBILE HOMES HOLDINGS COCO, LLC. Page 2 of 2 4903-4340-0964, v. 3 Doe. # 2527167 Page Number: 19 of 19 MONROE COUNTY FLORIDA ACCEPTANCE OF AFFORDABLE/EMPLOYEE. HOUSING DEED RESTRICTION Parcel ID: 00174960-000000 SFI)UP-AFF-2025-0005 In Witness Whereof, Grantee accepts the Affordable/Ernployee Housing Deed Restriction, dated September 25, 2025. ,ranted above and executes this instrument the date sei lorth beknv. First Witness (Print Name Legibly) ` (� g s(n ss �Irinature) " SL-zc- PCi,,ILA Grantee Munroe COtlnh'_ Florida: DEVIN TOLPIN Senior Director. Munroe Count .. y Planntnv and Lnvironmental Resources Department (Print Name) Senior Director. Monroe County Planning and l�nvironmental Resources Department (Signature) 12/15/25 Second Witness (Print Name Legible) Date (Printl Approved as to foi m and sufficiency Sect wtl�"' mess (Signature) r~ Tyson...., _. Smith, Esy Dote. December 15, 2025 STATE 01, L Ll! COUNTY O l� fNTY OF . ttl�scrib e��......... tit and - `re me this I�` day of 1 �; 'N))0e( .... 20 Z5_ by ffle ns r. u6A' vsical presence OR ❑ online notarization by , (PRINT N�10F*IMIti'C)N MAKING Sl'ATUNIENT) v+ho is personally known to me OR produced as identification. (TYPE Or ID PRODUCED) S1*oiliatu . tit C�wewt:.trt 1''t. Nic Print, Tyke or Stam} 'omrnissioned Name of Notary Public My commission expires: ILZE AGUILA MY COMMISSION p HH 577226 EXPIRES: OcUw 31. 2028 S M I T H / H A W K S SENT VIA FEDEX 88817432 6470 Jess Miles Goodall, Fsq, Telephone: (305) 296-7227 Email: Jess(y,Sm i [lit lawks corn a,,SmithlJawks,cOxn RECEIVED January 26, 2026 2 02 G - a S C� B 0 2 2 (12 6 -Fhomas Siburg, Acting Planning and Developtnent Reviel't, Alarm iger MONROE CUGNT� Monroe County Planning & Environmental Resources Department KANNiNG DEFT 2798 Overseas Highway, Suite 400 Marathon, FL, 33050 Eniail: RE: RESPONSE TO COMPLIANCE MOBILE HOMES HOLDINGS REQUESTFOR INCI,JJStONARY HOUSING EXENIPTIONIWAIVER REQUEST - [FILE NO. 2025-2501 Dear Thomas, On behalf of Mobile Homes Holdings Coco, LLC (the "Applicant"), please find the below responses to that certain county compliance review received on January 20, 2026, relating to the Applicants request for an inclusionary housing exemption/waiver from, strict compliance for the real property located at 21585 Old State Road 4A, Cudjoe Key, with parcel ID 00174960-000000 (the "Affordable Property"), and property located at 7101 Shrimp Road, Stock Island, with parcel ID 00123720-000400 (the "Non -Residential Property"):. The Applicant provides the following in response to the comments provided: 0 Issue 1. The submitted memo dated January 9, 2025, as part of this application, proposes the linkage of affordable / workforce housing to a proposed non-residential development project located 7101 Shrimp Road, Stock Island, with parcel ID 00123720-000400, consisting of light industrial and indoor and outdoor commercial recreation uses. The application form and said memo provides that the proposed nonresidential development project is required to provide approximately eleven (11) affordable housing dwelling units. Staff is unclear how the need for eleven (11) affordable housing dwelling units was calculated. Staff are unable to calculate the required needed affordable / workforce housing with the site plan as submitted as part of this application file because the site plan is illegible. 138 SIMONTON SlREET, KEY WEST, FLORIDA 33040 is 4899-2237-3516, v. 1 T, 305-296-7227F. 305-296-8448 SMITiHAWKS,COM page I of 6 Thomas Siburg Re: Mobile Homes Holding Coco - [File No). 2025-250] January 26, 2026 Page 2 of 6 Staff acknowledge that the agents for this application held a pre -application, conference on November 13, 2025, regarding the subject property for the proposed nonresidential development (File #2025-210). Reviewed at the pre -application conference was a site plan. This site plan is legible and appears to be consistent with the proposed development under this inclUsionary housing waiver request, Staff have reviewed (he site plan from the pre - application conference to calculate the anticipated affordable / workforce housing needed for the proposed nonresidential development, calculating that the development needs 35.469 affordable units and that the development would be required to mitigate 50% of this, for a total of 18 affordable units (rounded up from 17.735 affordable units). Staff further acknowledge that the illegible site plan submitted as part of this request may be different than the site plan as part of the pre -application conference. This difference may be the reason why there is a difference in the calculated number of required affordable / workforce housing needed for the proposed project. A legible site plan is required clearly identifying the total square footage of each proposed use in order to calculate the total affordable / workforce housing needed for the proposed nonresidential development. fit H 4909-8830-9387, v. 1 Thomas SibUrg Re: Mobile Homes Holding Coco - [File No. 2025-250] January 26, 2026 Page 3 of 6 I , oi q ')';, 1 1( 1 l� � � i, I I a ", u b� - � , I l ( I)f [I Rmk 4 6,i,4,2 0, , 2 10, ,, I' � 4, 1i "s f, ,82 li, s v ,,, i v a f� ril � -1 "81 H) f ", I� �i,66,4 ,,I'� 7 fl 164 's 1" w.1 1 t 7 s 1 30,007 '41 N 4909-8830-9387, v. 1 Thomas Siburg Ike: Mobile Homes Bolding Coco - [File No, 2025- 50] January 26, 2026 Page 4 of 6 ,d to J' le', l�le llll', Ilf ht,.hff d th, IJIe 1i.11, "IM, I lti 4il�r V'I! I(�:jI1.1-f�l a� d1et I I'C UI,, ti)i {PIr I ftI'm ;mJ ItI ll4reE1I II t lmttl Us¢C¢5d.lurr ..... ............. ... _.,....,.., ._..... _. .. Nausur�Maed¢r SFdts Wrl.lau F¢¢rBF.__Flaror Franca ba Oevela�adl N¢tldveladaed`SF_Tatel NausNea4Cr¢aladUaYlm� ._ Takai NauslrrN¢¢d,Cr¢¢k¢4(In YBroumF¢e..., Pt mrae U fl,¢KYKY4k6`uEe. mur¢ uu'n� 97e.n 6 taa Industnva! ....,, ..._..., _.. __..... ..........._m ._.......,____.._ 6dIP1......_.._._..�..___.___._. _..... ........._. ,........._,,. ...,.._._........... li5tlt'G UUndJ .._........_._.__....._.._..____.__........____m t4.CJPF.l'�'Lth7 ..�_.._ S",A''.:MAk, _............ _____.._.................. ..._._.._,_ _... ......__., ...._____......_ 6 ... ...... __ _ .......__, ,.__.., .. .... 6:h,QCh ProrsrVskAla'r ¢atia.nal �.._...____.._. __. .........._ .,...,,C1,P7L%h',1A ......_._....,_..._. 814A.�1 ......... ............. .._..._.m._.,._,_...... 19,670719 _.. ._ .... .... ...._.._ _.. __...._'_'___ .._ B twnk $:.Mrt¢�I _,, ........_ ....,. __....,_._...._ .. ............ M._...._ ._GX.€NNI e", r .,.,...,..,,..... ...._....w _.._ __.... ._..._v _.�_.._ .,.,.,... �...,�.W,..... .... »„.....__ __._..,...,..,_ ... _.. ...._?".:'.fM"I &;©�w¢rnmtarrUrl—___._..__'__......._...._....._..............._„ .....__....._ _ _-_, G,LM#Yd1d. ... ,., .._.... .2.I.._.. ..._...,, ..,......_......... .... .._.._..... e ... .......... ___............._ ... k,',. ....._____. _._ ......._.___.,.�..... ._&I,.CJO�. ..._.,_._.. ._ ......._.. ............. ...._._.__. GJCt:."."...,., ..,..,,. ._...._,......... ........... ..... .......... . _... ... ....._. ...._ .._.._.....,. ..o],K%'N".wieM1 ...... .... .,. i7w"d twE _. _... .. ,,.__. .........._.. _....__, ,. ......._.._.. QY ......'.. . . ......... _._.__.. Total HousVn Need Created Units __..____..�..._._.,...........__ Total Housin Need Created to i.ieu Fee ..�. x Totat Housin Need (Units _...`__..._........_....�_.._ ..�.._. x Total Housin Need )in ieu Fee) 1.99332 $215,119.80 0,99666 $107,559.90 19.670718 $3,353,953.53 WW. _ 9.835359 _ $1,676,976.T1 ---- ------ 0 p $O.pe! p .pp 0 $0.00 0 $0,00 p $0.00 p $0.00 } �ri I,,rltiJ, Ir;t�lklfr rl III���Il�ill"f1-,f �1(711m111' i' ��llfk4,'lll�,lYl �r"1 I}lt" �rlri�tr,t�, Jj rl;�� ulf Ifl', � 1J���r.Il; lJl t...f ,,. �t1 111trI.9. Jr'+e�l 1 {'i11I1 k,"d IEj ( I rho,;-1u1IIt '''I HI_hcU 0 [terry 2. The submitted memorandum, dated January 9, 2026, proposes linkage of nonresidential development to "Units 1-4" at 21585 Old State Road 4A, C Udjo fey, beyond a 15-mile radius for the linkage project. It is unclear where units 1, 2, 3 are located; and available records indicate that unit 4 may be identified through the replacement mobile horne building permit #SFDI1P-AFF-2()25-()005, issued October 2, 2025, 4909-8830-9387, v. 1 Thornas Siburg Re: Mobile Horties Holding Coco - [File No. 2025-250] .January 26, 2026 Page 5 of 6 0 Please clarify the total number of and location(s) of dwelling unit(s) at 21585 Old State Road 4A, Cudioe Key, that are proposed as linkage to the proposed nonresidential development project at 7101 Slit -imp Road, Stock Island; as broken down on the "Third Amended and Restated Employee Housing Deed Restriction" recorded oil December 30, 2025, in Book 3360, Page 1077, of the Public Records of` Monroe County, Florida. 0 Please confirm that the Certificate(s) of Occupancy of all proposed linkage affordable/workforce housing units were not received prior to three (3) years of the nonresidential development project triggering the inclusionary housing requirement. ,,J Ho""Hi''I'Mdmil I''k, di'lH 111, I I t I I I � j I I dl, hfi,d ho III,,, 111cl, -AI I,H 1, 11tm,,,Iwl" ko 490", 830-9387, v. I Thomas Siburg Re: Mobile Hornes Holding Coco - [File No. 2025-250] January 26, 2026 Page 6 of 6 WER9 If f I, M. . . Od ,v �#Ww ��Wft S", j i CS ry A� �R I Dsi New%-r W .7 V J R-0 If you require anything further, or have any questions and/or concerns, please do not hesitate to contact our office. Sincerely, .. ... ..... . -4` "r,sS Miles GtZda"Il Enclosure .16/bg 4909-8830-9387, v, I SENT VIA EMAIL S M IT[d HAWKS '4- , OFINEYS,1\1­ LAW RECEIVED Z0'25­256 FEB 0 2 ?026 January 26, 2025 Barton W. Smith, Esq. Jess Miles Goodall, Esq. 'Felephone: (305) 296-7227 Facsimile: (305) 296-8448 Ernail: qjithljawks.com Devin'Folpin, AICP, CI`M, Senior Director qf'Planning and E'nvironinental Resources Monroe County I Planning and Environmental Resources 2798 Overseas Highway, Suite 400 Marathon, F1 33050 Email: l'o] in Dc, RE: 1,0CO3N 1) 11 IF\ /)/,,, 1) I\, 1) R I I F0 REQUEST FOR WAIVER FROM STRICT COMPLIANCE OF FIF'I'EEN (15) MILE RADIUS REQUIREMENT FOR LINKAGE CONTAINED IN LAND DEVELOPMENT CODE SECTION 139-1 (g). Dear Devin, Please accept this correspondence on behalf ofour client, Mobile Homes Holdings Coco, LLC (the "Applicant"), as a request to the Monroe County Board of County Commissioners ("BOCC") for a waiver from strict compliance with the fifteen (15)-mile distance requirement for linkage of affordable housing units contained in Monroe County Land Development Code ("LDC") Section 139- 1 (g)(2). The waiver would allow the linkage of available affordable housing located on Cudjoe Key, specifically units located at 21585 Old State Road 4A, Cudjoe Key, Florida, having Monroe County Real Estate Number 00 174960-000000 (the "Property"), to a pending development on Stock Island, located at 7101 Shrimp R.d, Stock Island, Florida 33040, with Monroe County Real Estate Number 00123720-000400 (the "Project"), which is unable to house the required number of affordable housing units for the proposed development. The Project is proposing one hundred seventy-seven (177) dry storage boat racks as a light industrial use, as well as a tennis court, pickleball courts, padel courts, a beach volleyball court, a two thousand six hundred forty-seven square foot (2,647 st) fitness center, and a swimming pool as recreational uses, as shown on the draft site plan attached hereto as Exhibit A. Pursuant to the non- residential inclusionary housing requirements contained in the LDC, the Project is required to provide approximately eleven (11) affordable housing dwelling units, See Inclusionary Housing Calculations attached hereto as Exhibit B. 138 SIMONTON `IRE E=T, KEY WEST, FLORIDA 33040 U,SA Pagel of 4905-9696-3452, v. 33 T. 305-296.-7227 E�. 305--296-8448 SMd`FHHAWKS.COM DevinTolpin, AICP, CFM, Senior Director (?1'Planning and L'twironmental Resources RE: Request for a waiver from strict compliance with the fifteen (15) mile distance requirement January 26, 2025 Page 2 of 5 The re -development of the Property includes the development of six (6) four-plex buildings and one (1) single-family dwelling unit (the "Affordable Units"). The Property has twenty-one (2 1) existing affordable housing dwelling units (the "Existing Units"), making a total of forty-six (46) affordable housing dwelling units on the Property. The Existing Units received final Certificates of Occupancy more than three (3) years ago and are no longer eligible for linkage under Section 139- 1(g). However, the Affordable Units have been developed pursuant to the following Monroe County building permits: 1. Multi-AFF-2023-0006; 2. Multi-AFF-2023-0007; 3. Multi-AFF-2023-0008; 4. Multi-AFF-2023-0009; 5. Multi-AFF-2023-001 0; 6. Multi-AFF-2023-001 1; and 7. SFDUP-AFF-2025-0005. The Applicant is in the process of finalizing required site work on the Property in order to obtain all required Certificates of Occupancy for the Affordable Units. Pursuant to LDC Section 139- I (g), the Affordable Units will be eligible for inclusionary housing linkage for three (3) years from the date the Certificates of Occupancy are issued. LDC Section 139-1(f) contains the standards and requirements for non-residential inclusionary housing, and pursuant to LDC Section 139-1(f)(6)(2), non-residential projects are permitted to satisfy the inclusionary housing requirements by providing workforce housing units through linkage with another off' -site project, as provided in subsection (g) of this section. Subsection (g)(2) provides that: "If a developer builds more than the required number of affordable units at a development site, this development project may be linked with a subsequent development project to allow compliance with the subsequent development's affordable unit requirement, provided: the developer may not utilize affordable units previously built with County financial investment, other than building permit fee waivers and impact fee waivers; the projects are within a fifteen (15)-mile radius of the non-residential development/redevelopment; and the affordable units proposed to satisfy the inclusionary housing requirement may not have received Certificates of Occupancy three (3) years prior to the project approval for the development triggering the inclusionary housing requirement." Based on the above, LDC Section 139- 1 (f) permits linkage of projects to satisfy non- residential inclusionary housing requirements with projects within a fifteen (15)-i-nile radius of the non-residential project, Pursuant to Section 139-1, the BOCC may reduce, adjust, or waive the requirements set forth in subsection (f), based on specific findings of fact, where the BOCC concludes, with respect to any applicant, that: DevinTolpin, AICP, CFM,Senior Director qfl"Ianning and Environniental Resources RE: Request for a waiver from strict compliance with the fifteen (15) mile distance requirement January 26, 2025 Page 3 of 5 I 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 the requirements of this subsection (f); 4. The strict application of 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 non-residential inclusionary requirements would not enhance nor protect the health, safety, and welfare of the community. Based on the above, the Applicant, is requesting a waiver of the fifteen (15)-mile radius requirement because strict application of the requirements would produce a result inconsistent with the Comprehensive Plan or the purpose and intent of this subsection, and the Applicant provides the following in support of the waiver request: I. CLJDJOE KEV IS A BEDROOM COMMUNITY THAT PROVIDES HOUSING FOR A LARGE NUMBER OF WORKERS EMPLOYED IN THE KEV WEST/STOCK ISLAND EMPLOYMENT CENTER. Within the regional planning framework- of the Florida Keys, Cudjoe Key acts as an indispensable residential satellite, or bedroom community, for the primary Lower Keys employment centers located in Key West and Stock Island. The municipalities of Key West and Stock Island constitute the primary economic and governmental centers of the Lower Keys, hosting critical infrastructure, including major healthcare facilities, educational institutions, municipal and county government offices, and the operational core of the U.S. Naval Air Station (NAS). Data confines a persistent and severe housing deficit within these employment centers, driven by restrictive zoning, finite land availability, and median housing costs significantly beyond the reach of the region's essential service workforce (e.g., nurses, law enforcement, educators, and hospitality staff.). Based on this, a significant number of the daily workforce resides in peripheral communities. The Property, located on Cudjoe Key, is located approximately sixteen and one-half (16.5) miles from Stock Island and acts as an essential zone of residential absorption for the employees of businesses located on Key West and Stock Island. In contrast to the high -intensity commercial and tourism -focused zoning of Key West and Stock Island, Cudjoe Key's current land -use designation is 4905-9696-3452, v. 3 Devin Tolpin, AICP, CFM,Senior Director ot,planning eind Environniental Resources RE: Request for a waiver from strict compliance with the fifteen (15) mile distance requirement January 26, 2025 Page 4 of 5 predominant]), low- to moderate -density residential. This lack of significant commercial or institutional development reinforces its status as a dormitory suburb. From a legal and planning perspective, its primary function is to provide necessary housing capacity that cannot be met by the econornic centers themselves. Any regulatory or infrastructure planning for Cudjoe Key must, therefore, acknowledge this structural dependency, recognizing that the community's existence arid growth are directly tied to the employment needs and housing shortages of Key West and Stock Island. Cudjoe Key is not a self-contained economic entity, but a necessary residential appendage critical to regional operational continuity, The Property provides a perfect location for affordable housing required by the pending projects on Stock Island, which lacks the available land to develop additional affordable housing, 11. MITIGATION OF PROXIMITY REQUIREMENTS BY FUNCTIONALLY RESTRICTIVE ZONING Monroe County's Land Development Code (LDC) stipulates a fifteen (I 5)-mile proximity requirement for linkage of affordable units to non-residential developments, to ensure housing areas provide a reasonable commute for the designated workforce. While the Property's linear distance (approximately 16.5 miles) exceeds this strict numerical threshold, the intervening geographic area includes approximately two (2) miles of land under the exclusive control of the Federal government (e.g., U.S. Naval Air Station property). "Phis ]arid is subject to functionally restrictive zoning, precluding civilian residential or commercial development. Because this significant segment of land is sterile for housing, development and contributes to the structural displacement discussed in Section I above, it must be characterized as a functional barrier. The Applicant is therefore requesting a waiver of strict compliance with the fifteen (I 5)-mile radius rule contained in LDC Section 139-1 (f) based on the functional barrier created by the Federally owned and operated land between the Property and Stock Island and contends that, once the functionally restrictive area is considered, the Property is functionally proximate to Stock Island. Cudjoe Key represents the nearest contiguous, non -militarized, and sustainably developable ]arid mass immediately following this federal land exclusion, establishing it as the next point of residential feasibility. Furthermore, once the two (2)-mile stretch of Federal land is removed from consideration, the Property is within a fifteen (I 5)-rnile radius of functionally usable land for residential purposes and therefore still complies with the intent of the LDC radius requirement. Consequently, a rigid adherence to the fifteen (115)-mile metric, without accounting for this major infrastructural interruption, would restrict developments on Stock Island from developing, or linking, to affordable developments on (7tidjoe Key, which, as discussed above, is an integral part of the housing solution for Key West and Stock Island employment centers, and would undermine the intent of the LDC. 4905-9696-3452, v. 3 Devin Tolpin, AICP, CFM, Senior Director qf 'Planning and Environmental Resources RE: Request for a waiver from strict compliance with the fifteen (15) mile distance requirement January 26, 2025 Page 5 of 5 111. CONCLUSION Based on the above, the Applicant is requesting a waiver of strict compliance with the fifteen (I 5)-mile radius requirement contained in LDC Section 139-1 (f), in order to allow linkage of the affordable units located on the Property with non-residential developments located on Stock Island. If anything further is required, or if there are any questions and/or concerns, please do not hesitate to contact our office. Sincerely, Bar th BWS/JG/bg Enclosures 4905-9696-3452, v. 3 IINARY NOT FOR CONSTRUCTION PRELIMINARY NOT FOR CONSTRUCTION PRELIMINARY NOT FOR CONSTRUCTION - PRELIMINARY - NOT FOR CONSTRUCTION - PRELIMINARY a r , n ! a pW rL quo All s �pp �p L � Itl 7 15 ffi A o f - 1 j ry � Jj r ci � lley gg � n8 f !I1 r k ' rf w s a a�� III .sf kk ° ; a ! � I 1 I � � �.. � "T '�' 4u I ' , � , _u .M r T �� ^A 0 i " a V r p ya w ., X __.__............... ............._._... ......., ..... ...... __._ .. SITE PLA for 9 q Ef1i W NAY@ww AVV., M)lm Inc $ �hg "ice' ITKT'A 001MA PI.K41d111A IJ4,r4 -� "� •� _ bibs V A_____......._tPiEU,r.laalr.._...1r.Cy...t.Y.�'1W:7. ._. PRELIMINARY -NOT FOR CONSTRUCTION .. PRELIMINARY - Nf ��� ICTION - PREL,IMONARY -NOTFOR CONSTRUCTION . PRELIMINARY � � I S 5i C 0 (� II I G E 3� a� ANILH A'�l 10,\ MONROE COUN'FY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT , RF,,CF,"I'VED 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) Inclusionary Housing Exemption Application Fee: $1,110.00 Date of Application: 12 / 31 / 2025 Month Day Year Applicant / Agent Authorized to Act for Property Owner: (Agents must provide notarized authorization frown all property owners.) SMITH HAWKS, PL Barton W. Smith, E-*�§ �./J�ss Miles Goodall, E Applicant (Narne of Person, Business or 0rganization) Name of Person Submitting this Application 138 Simonton Street, Key West, Florida 33040 � ml awllisi� Mailing Address (Street, City, State and Zip Code) a 1:om Jess@SmithHawks.com, and LqO§L Z96W ttm Work phone Home Phone Cell Phone Entail Address Property Owner / Petitioner: (Business/corp must include docullnenti showing who has legal authorized to sign.) Mobile Homes Holdings Pow, LLC c/o Agent (Name/Entity) Contact Person c/o Agent Mailing Address (Street, City, State and Zip (,ode) .9/o Agent c/o Aqent Work Phone Home Phone Cell Phone Email Address Legal Description of Property: (If in tn0es and bounds, attach legal description on separate sheet.) Cudioe Block Lot Subdivision Key 00174960-000000 1227021 Real Estate (RE) Number / Parcel ID Number Alternate Key Number 21585 Old State Road 4A, Cudjoe Key, Florida 33042 21.5 Street Address (Street, City, State & Zip Code) Approximate Mile Marker Page I of 4 LoO UxNked )hm,l[ii 2021 APPLICATION Land Use (Zoning) District Designation(s) of Property(s): Urban Residential /Native Area/Maritime Industries Present Land Use(s) of Property(s): Proposed Land Use(s) of Property(s): Affordable Housing/Commercial Retail/Transient Light Industrial/Transient/recreation Current inclusionary housing requirement: 15-miles radius Pursuant to Monroe County Code Section 139-1(e)(3)b (Residential Inclusionary) and/or 139-1(f)(4)b (Nonresidential Inclusionary), the BOCC is authorized to reduce, adjust or waive the requirements based on the following criteria: The BOCC 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 BOCC concludes, with respect to any developer or property owner, 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 residential/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 developer or property owner demonstrates an absence of any reasonable relationship between the impact of the proposed residential/nonresidential development and requirements of subsection 139-1(e) and/or 139-1(f); 4. The strict application with the requirements set forth herein would improperly deprive or deny the developer or property owner 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 residential1nonresidential inclusionary requirements would not enhance nor protect the health, safety and welfare of the community. Any developer or property owner who believes that he/she may be -eligible for relief from the strict application of the inclusionary housing section may petition the BOCC for relief. Any petitioner for relief hereunder shall provide evidentiary and legal justification for any reduction, adjustment or waiver of any requirements. Provide reasons) for exemption or waiver request (attach additional sheets if necessary) based on the Monroe County Code Section 139-1(e)(3)b and/or 139-1(f)(4)b: See Attached Correspondence. Page 2 of 4 Last Revised March 2023 A111111M V1 ION All of the following must be submitted in order to have a complete application submittal: (Please check as you attach each required item to the application) RV( Complete application (unaltered and unbound) Correct fee (check or money order to Monroe CountY Planning & En vironlizental Resources) Proof of ownership (i.e. Warranty Deed) '� �th ;\ If applicable, the following must be submitted in order to have a complete application submittal: Fv—/] Notarized Agent Authorization Letter (note: authorization is needed from all owner(s) of the subject Property) 1,� Copy of any Letters of Understanding pertaining to the proposed project Copy of any recorded conditional use permit and any previous modification approvals Copy of the most recently approved site plan Is there a pending code enforcement proceeding involving all or a portion of this property'? Code Case file # application is being submitted to correct the violation: Describe the enforcement proceedings and if this 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 arch , 10, 1kV11Tf'( 1 10: The applicant/owner hereby acknowledges and agrees that any staff discussions or negotiations about conditions of approval are preliminary only, and are riot final, nor are they the specific conditions or demands required to gain approval of the application, unless the conditions or demands are actually included in writing in the final development order or the final denial determination or order. By signing this application, the owner of the subject property authorizes the Monroe County Planning & Environmental Resources staff to conduct all necessary site visits and inspections on the subject property. 1, the Applicant, certify that I am familiar with the information contained in this application, and that to the best of my knowle-Oge-sueh -iftffiffiiaffo n is true, cor 1 1 1 pl6te-a9d accurate. Signature of STATE OF FLO COUNTY OF MONROE Sworn to and subscribed before me, by means of eitherZ physical presence ORE] online notarization, on 31 St day of December 20 25, by (PRINT NAME OF PERSON MAKING STATEMENT) Who is ®personally known to tne OR El produced (TYPE OE Ili PRODUCED) identification. as BRANDI GREEN NMIRh'. 6-f"i" . ........ . . . . �SIJ T PRINT, TYPE OR STAMP COMMISSIONED NAME OF NOTARY PUBLIC MY COMMISSION EXPIRES: 06/29/2028 Notsfy Public stole of Fonds Brandl Greenr, -kAy Com'°.,-;Ofl HH 5 317 11 Expires 6/2:);2028 Send complete application package to: Monroe County Planning & Environmental Resources Department Marathon Government Center 2798 Overseas Highway, Suite 400 Marathon, FL 33050 Page 4 of 4 Rio Vv'e('11k 202; \ p I � �,,, �� n l� ''s 14 ('-w p(o � S s i l�� k ut I, I)d (ry, December 31, 2025 Barton W. Smith, Esq. Jess Miles Goodall SMITH HAWKS, PL 138 Simonton Street Key West, FL 33040 RE: Determination of Completeness — Alternative Compliance to Inclusionary Housin Reguirement — File 20,25-250 1 Dear Mr. Smith and Mr. Goodall Your request for Alternative Compliance to the Inclusionary Housing Requirements [Section 139- 1 (b)(14)] for property known by the street address 21585 Old State Road 4A, Cudjoe Key, and known by the parcel ID number 00174960-000000, has been assigned to me. The Planning and Environmental Resources Department's file number for this application is 2025-250. Pursuant to Monroe County Code Section 110-4, 1 have reviewed the application for completeness. This application is NOT complete. Please submit the documentation listed below. 0 The application form submitted is not the correct application form for this request. As presented in the submitted memo attached to the application file, the request is for the BOCC to waive certain requirements set forth in LDC Section 139-1(0 for nonresidential inclusionary housing requirements. However, the application form type submitted is a "Request for Alternative Compliance to the Inclusionary Housing Requirements [Section 139- 1 (b)(4)]". The correct application form type needed for this request is the "Inclusionary Housing Exemption and Waiver Request to the Monroe County Board of' County Commissioners / Monroe County ("ode Section 139-1(e)(3)b (Residential Inclusionary) and/or 139-1 (f)(4)b (Nonresidential Inclusionary)". This application form may be found at the following direct link: hup,: VW\\ 3 1,102 1ncILISI(ffldn 1 jow,lnn,4 ,°n -Iplior-M A ( '-Ap fl 1 11, Ion- -2012 '1)'(� 1d Additionally, this application form and other forms and applications may be found at the following webpage on the County website: nwnwCC`W IWa IL4 , 18") In order to have a complete application, please submit as a correction to this file the completed application form for "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)". 1, l c r �, s'(, , " c (" �i f f a k, �, 1[ v (, I (, o Jf I " cc�vd �,o 1 IALI([)(4)0)1y, Additional Comment(s) (not required to have a complete application, however required for compliance): 0 'I'llese inclusionary housing (alternative compliance and exemption/waiver) applications are development specific. Any and all nonresidential development and its associated inclusionary housing requirements proposed to be linked as part of this waiver request must be detailed ill the application. The submitted rnerno attached to the application file appears to indicate a nonresidential development project(s) outside of 15 miles from the 21585 Old State Road 4A, (,udJoe They; however, no address(es) and parcel 11) nurnber(s) were provided for this nonresidential development. In order to demonstrate compliance with LDC Section 139-1, please clarify the specific development projects (including address(es) and parcel ID number(s)) that are proposed to be linked to this waiver request. Nvavoc "ce ""Jif"llat"bcd ol addtc'oc"' &,u]Jd ncal � t � � n)i 11, �" r s I �� c I ( � �' : '7 2 "', IS 00'l-'23, 761 1 -000,400 M '70,1J 1 S l�i ir ift d, St, cic 1'� I �' 1, it 'd " V1 c' in w C4 ui r i �] a 00 1211 6 6 1 J- 0 ( 10, (11 9i l� 0 0 72', ,1 `11$ [� 4 - i, r1 [4, (, L omcl' kdand" ldonro(("� 1 h)rIda Of 7 1 I S9 �l ir i i� rp 1�)j IR, t I o'oc["" Nlouwoc otlniY' U foirida A determination of completeness shall not constitute a determination of compliance with the requirements for the (.,,ornprehensive Plan or this Land Development Code. Corrections and/or additional information may be requested to process the application. Ifyou have any questions or if I may be of further assistance, please fee] free to contact me. Thank You. "Please be advised that Monroe County, the Planning and Environmental Resources Department, nor the Planning Commission will never ask anyone to make wire transftrs to Ray fees. Please don't click, links or open attachments you were not expecting and carqfully check the sender in rmer n n any suspicious entails. Y*you ever have any doubts, please call us at the numbers .fo listed on our *vebsite to verify information. Sincerely, I holn"t" 1, rancis-silmr;1", %WT ALIM2 fmd Dk"� c]opnl"w wy & SEN,r VIA EMAIL �J, December 4, 2025 V Barton W. Smith, Esq. Jess Miles Goodall, Esq. Telephone: (305) 296-7227 Facsimile: (305) 296-8448 F"mail: F.,,,s,s � S irruNCrO lawrskS C Q I DevirlTolpin, AICT, (T NI,Senior 1)ireefor (,q Planning aml Environtnental Resources Monroe Courity I Planning and I ?rlvironniental ReSOLH-CCS 2798 Overseas ) lighway, Suite 400 Marathon, 1, L 33050 Ema& (,olyjiJ 141": REQUEST FOR, WAIVER FROM STRICT COMPLIANCE OF FtrrEEN (15) MILE RADIUS REQUIREMENT FOR I.,INKA(-,'E CONTAINED IN LAND DEVELOPMENT C"ODE SE( " FION 139-1 (g), Dear Devin, Please accept this correspondence on be halfof ourclient., Mobile Homes Holdings Coco, LLC (the "Applicant"). as a request to the Morime County Board ofCounty Commissioners ("BOCC") f6t, as waiver frorn strict compliance with the fifteen (15)Haile distance reqUirement fear fink,,,tge of affordable h(:msing units contained if) M01)1°()C ("otillty Land Development Code (11)(7) seoion H9- I (g)(2), The waiver would allow the linkage of' available affordablc, housing located on C'ud.ioe Key, specifically units located at. 21585 Old State Road 4A,, units 1-4, Cuctjoe Key. Florida, having Monroe County Real [°.statc number 00174960--000000 (the "Property"), to pending developments on Stock Island 1, which is unable to house the required IlUmber ol'affordable 110L)Shn�! units fior the existingand proposed devcloprnent. I LIX , Section 139-1(f) contains the standards and requirements for the non-residential inclusionary housing. wid pursa,,iant to LDC Section 139-1(f)(6)(2), non-rcsidentW projects are permitted tca satisfy IhC irICILISionary housing requirements by providing Workforce 1101ISing UrritS thr(.-mgh linkage with another off -site project as provided in subsection (g) of this section. Subscction g(2) provides that: "it'a dcvek)T,.')er builds more than the required number ofaffordable UrlilS rat a development site, this development project may be finked with as SUbsequent development pro " ject to allow compliance with the subsequent development's affordable unit requirement provided - the developer may not utilize affordable units previously built with C I ounty financial investment, otlier' than building permit fice Nvaivers and ittipact fee waivers; the proJecis are within a fifteen (15) mile:: , See Parcels Willi N4 on roe County Real 1"Istate Numbers 0012.3761-000800,1 WH23761-0004001 ON23720-000400, and 00 12 %60-000000, 4905 996 63452, , 22 iF YNIt. N I ON 1, tlt Y 'V10 � T �, 9 0 J,, ') A Page I ot'4 Devin Tolpin, AICP, CFM, Senior Director of Planning and Environmental Resources RE: Request for a waiver from strict compliance with the fifteen (15) mile distance requirement December 4, 2025 Page 2 of 4 radius of the nonresidential development/redevelopment; and the affordable units proposed to satisfy the inclusionary housing requirement may not have received certificates of occupancy three (3) years prior to the project approval for the development triggering the inclusionary housing requirement." Based on the above, LDC Section 139-1(f) permits linkage of projects to satisfy non- residential inclusionary housing requirements with projects within a fifteen -mile radius of the non- residential project. Section 139-1, 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. Based on the above, the Applicant is requesting a waiver of the fifteen (15) mile radius requirement because strict application of the requirements would produce a result inconsistent with the Comprehensive Plan or the purpose and intent of this subsection, and the Applicant provides the following in support of the waiver request: I. CUDJOE KEY IS A BEDROOM COMMUNITY THAT PROVIDES HOUSING FOR A LARGE NUMBER OF WORKERS EMPLOYED IN THE KEY WEST/STOCK ISLAND EMPLOYMENT CENTER. Within the regional planning framework of the Florida Keys, Cudjoe Key acts as an indispensable residential satellite, or bedroom community for the primary lower keys' employment centers located in Key West and Stock Island. The municipalities of Key West and Stock Island constitute the primary economic and governmental centers of the Lower Keys, hosting critical infrastructure including major healthcare facilities, educational institutions, municipal and county government offices, and the operational core of the U.S. Naval Air Station (NAS). Data confirms a persistent and severe housing deficit within these employment centers, driven by restrictive zoning, finite land availability, and median housing costs significantly beyond the reach of the region's essential service workforce (e.g., nurses, law enforcement, educators, and hospitality staff). Based on this, a significant number of the daily workforce reside in peripheral communities. 4905-9696-3452, v, 2 Devin Tolpin, AICP, CFM, Senior Director of Planning and Environmental Resources RE: Request for a waiver from strict compliance with the fifteen (15) mile distance requirement December 4, 2025 Page 3 of 4 The Property, located on Cudjoe Key, is located approximately sixteen and one half (16.5) miles from Stock Island, and acts as an essential zone of residential absorption for the employees of businesses located on Key West and Stock Island. In contrast to the high -intensity commercial and tourism -focused zoning of Key West and Stock Island, Cudjoe Key's current land -use designation is predominantly low- to moderate -density residential. This lack of significant commercial or institutional development reinforces its status as a dormitory suburb. From a legal and planning perspective, its primary function is to provide necessary housing capacity that cannot be met by the economic centers themselves. Any regulatory or infrastructure planning for Cudjoe Key must, therefore,. acknowledge this structural dependency, recognizing that the community's existence and growth are directly tied to the employment needs and housing shortages of Key West and Stock Island. Cudjoe Key is not a self-contained economic entity, but a necessary residential appendage critical to regional operational continuity. The Property provides a perfect location for affordable housing required by the pending projects on Stock Island, which lacks the available land to develop additional affordable housing. U. MITIGATION OF PROXIMITY REQUIREMENTS BY FUNCTIONALLY RESTRICTIVE ZONING Monroe County's Land Development Code (LDC) stipulates a fifteen (15) mile proximity requirement for linkage of affordable units to non-residential developments, to ensure housing areas provide a reasonable commute for the designated workforce. While the Property's linear distance (approx. 16.5 miles) exceeds this strict .numerical threshold, the intervening geographic area includes approximately two (2) miles of land under the exclusive control of the Federal government (e.g., U.S. Naval Air Station property). This land is subject to functionally restrictive zoning, precluding civilian residential or commercial development. Because this significant segment of land is sterile for housing development and contributes to the structural displacement discussed in Section I above, it must be characterized as a functional barrier. The Applicant is therefore requesting a waiver of strict compliance with the fifteen (15) mile radius rule contained in LDC Section 139-1(f) based on the functional barrier created by the Federally owned and operated Iand between the Property and Stock Island and contends that once the functionally restrictive area is considered, the Property is functionally proximate to Stock Island. Cudjoe Key represents the nearest contiguous, non - militarized, and sustainably developable land mass immediately following this federal land exclusion, establishing it as the next point of residential feasibility. Furthermore, once the 2-mile stretch of Federal Land is removed from consideration, the Property is within a fifteen (15) mile radius of functionally useable land for residential purposes and therefore still complies with the intent of the LDC radius requirement. Consequently, a rigid adherence to the fifteen (15) mile metric, without accounting for this major infrastructural interruption, would restrict developments on Stock Island from developing, or linking, to affordable developments on Cudjoe Key, which as discussed above is an integral part of the housing solution for Key West and Stock Island employment centers, which undermines the intent of the LDC. 4905-9696-3452, v. 2 Dey it) Tolpin, A 1CP, CUM,Senior Director oaf Planniirg un(I E�,im,ironn,te),itttlR(,,aoti,i,°(,es RFRequest 6or as waiver from strict compliance with the fifteen (15) mile distance reqUirenient December 4, 2025 P,age 4 of 4 111. CONCLUSION 13,,tsed on the above, the Applicant is requesting as Nvaiver ofstrict, compliance with the fifteen 5) infle radius requirentent contained in LDC Section 139- 1 (f), in order to allow linkage of' the aff'ordable units located oil the Property with non-residential developments located on Stock Islar)d. It' anything Further is requircd, or there are any qUestions and/or concerns, please do no hesitate tc> contact OUr officc. Sincerely, Bar'6 Smith BWS/J(.'.Y/bg 4905 9696 3452, v 2 This instrument prepared by and after recording return to: Bryan Hawks, Esq. SMITH I OROPEZA I HAWKS 138-142 Simonton Street Key West, FL 33040 t 11ki Oc ,, Folio No. 00174960-000000 Docn 2031155 06/01/2015 1:02PH Filed & Recorded In Official Records -of KONROE COUNTY R11Y HEAYILIN 05/01/2015 1:02PM DEED DOC STAMP CL: Krys $11.200.00 Doen 2031155 Blot 2743 P90 392 (For Recorder's Use Only) Warranty Deed This Indenture made this -day of May, 2015 between COCO PALMS DEVELOPERS, LLC, a Florida limited liability company, whose post office address is 1010 Kennedy Drive, Suite 302, Key West, FL 33040, grantor*, and MOBILE HOMES HOLDINGS COCO, LLC, a Florida limited liability company, whose post office address is 138-142 Simonton Street, Key West, FL 33040, grantee*. Witnesseth that said grantor, for and in consideration of the sum of TEN AND NO1100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Monroe County, Florida, to -wit: Lot 30 Sacarma, a subdivision of Government Lots 3 and 4 in Section 29, Township 66 south, Range 28 East, Cudjoe Key, Monroe County, Florida, recorded in Plat book 2, Page 48 of the Public Records of Monroe County, Florida. Together, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To have and to hold, the same in fee simple forever. Subject to the following, without intent to reimpose the same: 1. Real Estate Taxes for 2015 and subsequent years; 2. Applicable zoning ordinances, restrictions, prohibitions and other requirements unposed by governmental authority; 3. Restrictions, and matters appearing on the plat or otherwise common to the subdivision; and 4. Easements of record, if any. and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. * "Grantor" and "Grantee" are used for singular or plural, as context requires. OD021280 - v1 DocM 2031155 Bk# 2743 PgN 393 In Witness Whereof, grantor has hereunto set grantor's.hand and seal the day and year first above written. Signed, sealed and delivered in our presence: Witnest+�� ,� d State of Florida County of Monroe COCO PALMS DEVELOPERS, LLC, a Florida limited liability company e sy Jiw . S' r The foregoing instrument was acknowledged before me this Q&'0-P_" day of May, 2015 by Awan N. Singh, as Vice President of COCO PALMS DEVELOPERS, LLC, a Florida limited liability company, on behalf of said company. He Ej is personally known or [ ] has produced a driver's license as identification. [Notary Seal] ��......•... IRiS M. WOOTERS Notary Public - Stoic of Florida C�yomml lIM i FF 227864 my comm. Expim ion 19. 2010 Notary Public 1 Printed Name: _TY?' 5 [Oo►'S My Commission Expires: MONROE COUNTY OFFICIAL RECORDS 6PJ!a!19 00021280 - v1 AG'ENT AUTHORIZATION FORM Date of'Authorizatiow cl I o 2 a til —TT7y I hereby awhorize lvl "TA PrlNA/f,<,S, F", L /J M I I be hsled ae, awhoi ize(.1 agent —2— (Print Name of Agent) — "), � C; f6r the application subirlission ...... .... . ............ . (Print Name of Property Owner(s) the Applicant(s)) of (List the Name and'fype of applications, for the authorization) for the deScribcd as: (it in ineres and bounds, attach legM descripkc�n on scpaiarc shoot) Lot Block Subdivision r Key (Island) 2 i Real Estate (RE) F Parcel ID Number Alternate Key Number Street Address (Street, City, State & Zip ("ode) Approximate Mile Marker. Authorized Agent C I oulact Information: 77 Mading Address (SUcet, City, State and Zip (. ode) el I lt Woih phone Home Phone Cell 11holle Email Ad(fivss This autholization becomes effective on (he (fate this affidavit is notarized and slidH rextrain in efieo until ternifimfed by the undersigned This aufficnization acts as a kkirat)le p)wer of attorney only ftw the purrK)ses stated, The undersigned understands the, risks and tiabffities invc&ed in the granting of this agency and accepts full responsibility fi,n, any and all oaf the actions (if the agent nami,,^ herein related to ffie processing of the ivices requested, application(s) and/or the acquisition of approvals/pennits fin tile af0TV111elltiollwd apphcanl The applicant(s) hereby indermwifies and holds harniless Monroe County, its officers, agents and empklyces foi any daimage to apphcant caused by its agew or arising 1'rorn this agency authort7ation iVote:Agentsmust pre videa tiortitizedatitisorizatiernftopti ALL currentprqperorowners. Signature of Property Owner: Date: 1211-ijjAn STA,rE OF, COUNTY OF w... ...... .. )hysical presence OR El online notarization, Sworn to and subscribed before me, by rneans ofeither IV-1, (PRINT NAME OF PERSON MAKING STATEMENT) "I Who is U'personally known to tne OR El produced01A as F 11) PROVIDED) ideritification. Notary Puhtic State of Florida MCoBrandt Green y MmIsSlon HH WSIT Explres 6F20ltl SIGNATURF OFNOTARY 1 UB1, W PRINT, TYPE OR STAMP COMMISSIONED NAME OF NOTARY PtJBLIC MY COMMISSION EXPIRES: ()U 2,t ��Detail 1')y Entity Name,, Florida Limited Liability Company MOBILE HOMES HOLDINGS COCO, LLC FJ14xg lafgmatiDn Document Numbe FEIIEIN Number Date Filed Effective Date state Status Last Event Event Date Filed 5555 COLLEGE R MIA,, 1 ft rig _A01r.9m 5 '5 "Arg 555 COLLEJGER i t L15000083895 47-3990433 05/12/2015 05/12/2015 FL ACTIVE LC STMNT OF R/VRO CHG 06/2212016 NONE Changed� 06/22/2016 Naniv, A Addlros;s John on, 5555 COLLEGE RD KEY WEST, FL 33040 Narne Changed: 02/08/2019 Name & Address ME= I On �0'1 j* AnnkW Roporv�, Report Year Filed Date 2023 01123/2023 2024 02/06/2024 2025 02/18/2025 End of Additional File 2025-250 MONROE COUNTY, FUORIDA PLANNING AM) ENVIRONMENT'Al., RESOURCES DEPARTMENT RECEIVED 2626- 2G0 E I D 2, MONROIII C(ANTY Request for Alternative Compliance to the Inclusionary Housing Requirements [Section 139-1(b)(4)] Application Fev", $�, in I HWO jjjjj������� 1IIIktwoir In ad(lition to the ajy)licution A,e, the fi,A11mvgfi',e will Advet fising Costs� $24 50() Date 01"Application. — 12 08...—/ . 202 . 5 II Month Day Year Applicant / Agent Authorized to Act for Property Ownen(Ag"itsv eta mide 0% Bef's) SMITH 'HAWKS, PL. Barton ','I Sma Esq./Jess M0,es GoodaB� A Applicant (Name offlerson, Busoness or Ot'ganization) 138 Simonton Street, Key West, Rorida 330,40 --- --- . . ............ Mailing Address (Stieet, C'kt,, Stale und Zip ode) (305) 296-722-7 Woi-k Phone, f lome Phosw Cell Proper-ty Owner (MuswesqOprp must indw it' k)M MoNk) Flornes Hok*igs %c/o Agent S t, aIlllnd , i Cai ing Address (Stnu.i, Cuum, p Code) c/o Agent III m of'Pmon Subinkting dwi Apphcafimi ,J(�.,ss@Si,nitl"i�w-,lawks.cor,yi� and pme L'mail Addrc,� who saws k%al authorbut to) Sign,) c/o Agent con(ac"I PcIlson c/o Agent w4wk Phom, I 1111111111111111N ne Phone ("CH Phone Ewafl Ad(hcss Legal Divsic ipflo of Affected Property: Ofin Ym' )unds, attach legal descriphon on sopa,raw she -et) °IIIIIIIIIIIIII 1��Nsljjjjjjjj�— Moc II �tatlfcata Lw Subdivision 00 Real FAak-, (RF) Nhffllber/ Parcel ID'Nurnher 21585 Old State F�oad 4A, Cudjoe Key, Florida 33042 21 "5 Stre,et Address (Streo, City, State, Zip Code) Approxanxae Mile Maiker Page 1 of 3 Last Updated March 2023 All of the following must be subittitted in order to 11have a complete application submittal: (]'lease check as you attach each r-equired item to tli.e applicalion) ED Completed application fonn Applicable fees (cl[ieck or money order tam on ("ountyPlanning & Environmental Resqjrces Proof of ownership (i.e. Warranty Deed) 'I b Written statement explani= ng in detail the proposed alternative compliance metil an (11100 the proposed alternative comphance inethod would be consistent with Monroe Cc 1 Co( Section 139- 1 (b)(4) "", If applicable, the followiriig inust be subinitted in order to have a comp b4 L-app&atioln submittal: nnnnn Agent Authorizaion tform (requircid 1j''application is submitted ( 7, beh, anotherpart Disclosure ofInterest fi,)rrn (required ?fnot all parties in We're, escribed in the Properly Owner section qf1his application) IIIIIIIIIIIIIIIIIIII tf deerned necessary to complete a full review tion, within reason, the Planning & Environmental Resources Department reser -ol request additional information. Additional fes inay apply pur a proved fee schedule., Page 2 of 3 Last Updated March 2023 By signing this application, the owner of the subject property authorizes the Monroe County Planning & Environmental Resources staff to conduct all necessary site visits and inspections on the subject property. 1, the Applicant, certify that I am familiar with the information contained in this application, and that to the best of my knowledge such information is true, complete and accurate. Signature of offiffirelusm 76•[X[Omugly Sworn to and subscribed before me, by means of either 12 physical presence DR O'Nine notarization, on 8th day of _ December 25 120 by (PRINT NAME OF Who is 2 personally known to me OR 0 produced identification. S GN.ATUR]".�', OF NOTARY PUBLIC in ------- . . ......... STATEMENT) as PRODUCED) I L�VANM GREEN ----------- - - -- . .... ... PRINT, TYPE OR "TAMP COMMISSIONED NAME OF NOTARY PUBLK State 0 1 l"CE N vida MY OMMISSION EXPIRS� 06/29/2026 o' 612W2028 application package to: Page 3 of 3 Last Updated March 2023 SENT VIA EMAIL December 4, 2025 Barton W. Smith, Esq. Jess Miles Goodall, Esq. Telephone: (305) 296-7227 Facsimile: (305) 296-8448 Email: 13iirII.C(,i,),(,iiyii!bL!r,wkr,,c(niiii DevinTolpin, A]CP, (.',.!f`M,Serdor 19irector ref .Planning� e,'7ndEnvironniental Resources Monroe COUnty C Manning and Environmenta I Resources 2798 Overseas I fighway, Suite 400 Marathon, 33050 Email: ........... .. .. ...... RE: ]ZEC, UEST FOR MIAIVER FROM STRIC"I' COMPLIANCE OF' FIFTF.",EN (15) MH `E I RADWS REQUI.REMENT FOR UNKAGrE CONTAINED IN LAND DLVF:10PMENF CODE SECTION 1394(g). Dear Devin, Please accel,)t this correspondence on behalf'of ourclient, Mobile Hornes Ploldings (loco, LIX' (-the "Applicatit"), as a request to the Monroe COUTIty Board of County Commissioners ("B(JCU) for a waiver frorn strict compliance with the fifteen (15) mile distance requirernent fior linkage of affiordaNe housing units contained in Monroe County land Development Co�de ("LDC") section 139-1(g)(2). The waiver WOUld allow the linkage of avadable aff'ordable housing located on Cud.* Key, specifically units located at 21585 Old State Road 4A, units 1 -4, Cudjoe Key, Florida, having Monroe County Real E,state number 00174960-000000 (the "Property"), to periding developments on Stock Island 1, which is unable to house the required nUrnber of affordable housing units lor the existing and proposed development. 1-,DC Section 139.-I(f) contains the standards and reqtfirenients 1'(.)r the non-residential iTICIUSionary fiousing, and pursuan't to I..,DC Section 139-1 (1)(6)(2 non-residential pro ects are J permitted to satisfy the inclusionary housing re4LIiretnents by providing Workforce housirig units thrOUgh linkage with another off -site pro.ject as provided in subsection (g) of this section, Subsection g(2) provides that: "'if a developer bUilds more than the required number ofaffordable units at a development site, this develop tnent pr(,)Ject may be linked with a subsequent developtnent pr(ject to allow compliance with the subsequent developtnent's aflordaNe urift requiretrient provided: the developer may not utilize aff6rdable units previOUSly built with County financial investment, other than building permit fee waivers and in,-ipact fee waivers; the, projects are within a, fifteen (15) infle ' Seellarcels wifli Monroe County Reap Estate Numb: ers 00123761-000800; 00123761-000400; 00123720-000400; and 00123660-000000. 4905-9696-3452, v. 22 1 P-J 'YVy"T ')A �3;4�� Page I of'4 Devin'roipin, Al CP, CFM,senior .Direc1or qfTlanning,, and Environmental Resources RE: Request for a waiver from strict compliance with the fifteen (15) mile distance requirement December 4, 2025 Page 2 oF4 radius (,)f the nonresidential development/redevelopment; and die affordable units proposed to satisfy the inclusionary housing requirernent may not have received certificates ofoccuparicy three (3) years prior to the project approval for the developrnent triggering the inclusioriary housing requirement." Based on the above, 1J)C Section 139 I(f) permits linkage of projects to satisfy non- residential inclusionary housing requirements with prcklects within a fifteen mile radius� of the nori- residential parq. Ject. Section 139 1, the 130CC may reduce, adjust, or waive the requirements set forth in tfus subsection (f), Imsed on specific findings of fact, where flie BOCC concludes, with respect to any applicant, that: L Strict application tuff" the requirements wokfld produce a result inconsistent with the Comprehensive Plan or the purpose and intent cap 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 t1wough ineans other than strict complianct with the requirernents set f(.:)rth herein; 3. The apphcant derrionstrates an absence cap` tinny reasonable relationship between the impact of the proposed nonresidential developirient and requirements of this subsection (f); `17he strict application with the ircquumru,rrerits set ft)rth herein would improperly deprive or deny the applicant ofconstitutional or statutory rights; or In the event of a declared State of Local Ernergency, the BOCC' adopts a resolution recognizing that the strict application cif" the nonresidential indusionary requirerrients would not enhance nor protect the health, safe.ty and welfare of the cornmunity. Based on the above, the Applicant is re(luesting a waiver of the fifteen (15) rnfle radius requirement Nh,,,ause strict application of the requirements WOUld produce as result, uncon.sistent with the Comprehensive Plan or the purpose and intent of this subsection., and the AppIicant provides the fbllowpng in support oftht,-, waiver request: 11. CUDJOE KEY IS A BEDROOM COMMUNITY I I HAT PROVIDES HOUSING" FOR .A 1,A.RGE NUMBER OF WORKERS EM.P1,0Y`]1F,D IN THE KEY WEST/STOCK. IS1,AND EMP1,OYMEN'r CENrER. Within the regional planning framework of the Florida Keys, CudJoe Key acts as an indispensable residential satellite, or bedroom community for the primary lower keys' employment centers located in Key West and Stock Island, The municipalities of .11<.ey West and Stock Island constitute the primary economic and governmental centers of the Lower Keys, hosting critical hiffastructure including rnajor healthcare facilities, educational institutions, iriunicipal and county government offices, and the operational core ofthe U.S. Nava] Air Station (NAS). Data confirms a persistent and severe housing deficit, within these enippoyrnent centers, driven by restrictive zoning, finite land availability, and median housing costs significantly beyond the reach of the region's essential service workforce (e.g., nurses, law enforcernent, educators, and hospitality staff). Based on this, a significant number of the daily workforce reside in peripheral communities, 4905-9696..,'A,52, V. 2 Devin'Folpin, AICT, CF1M,S'enior 1.)irector (#'Phinning andEnvironmenteil Resources RE: Request for an, waiver from strict compliance with the fifteen (15) inile distance requirement Decernber 4, 2025 Page 3 of4 The Property, located on Cudjoe Key, is located approximately sixteen and one half (16.5) miles from StockAsland, and acts as an essential zone of residential absorption for the employees of' businesses located on Key West and Stocl< Island. In contrast to the high intensity commercial and tourisill-f"c)cused zoning of Key West and Stock Island, Cud.* Key's current land use designation is predominantly low- to nioderate-density residential, This lack of significant commercial or institutional development reinforces its status as a dormitory SUburb. From a legal and planning perspective, its primary ftinction is to provide necessary hOUsing capacity that cannot be met by the economic centers themselves. Any regulatory or infrastructure planning for Cudjoe Key must, therefore, acknowledge this strtictura] dependency, recognizing that the corrimunity's existence and growth are directly tied to tfie employment needs and hotising shortages of'Key West and Stock. .11 slan , d.. Cudjoe Key is not a self-contained economic entity, but a necessary residential appendage critical to regional operational continuity. `.rhe Property provides a perfect location for affordable housing required by the pending pr(.��e(.,-,ts on Stock Island, which lacks the available land to develop additional affordable housing. 11. M1T1(:'#"A`Y10N OF PROXIMITY REQUIREMEN,rS BY FUNCTIONA.I.J,Y RES'.1117RIC11VE ZONING Monroe County's [..,and Development Code (LDC) stipulates a fifteen (15) mile proximity requireine-rit for hrikage of affordable units to non-residential developments, to ensure housing areas provide a reasonable commute for the designated workforce. While the Property's linear distance (approx, 16.5 miles) exceeds this strict numerical threshold, the intervening geographic area inClUdes approxitriately two (2) miles of land under the exclusive controofthe Federal government (e.g., U.S. Naval Air Station property)., 7117his land is subject to functionally restrictive zoning, precluding civilian residential or commercial development. Because this, significant segment oHand is sterile for housing development and contributes to the structural displacement discussed in Section I above, it rnust be characterized as a functional barrier, The Applicant is therefore requesting a. waiver, of strict compliance with the fifteen (1) ixiile radius rule contained in LI)C Section 139-1 (1) based (:)n the functional barrier created by fl,w Federally owned and operated land Ibetweenn the Property and Stock Islancl and contends that once the ffinctionally restrictive area is considered, the Property Is functionally proxii-riate to Stock Island. Cudjoe I<.ey represents the nearest contiguous, non inilitarized, and sustainably developable land mass irnmediately following this Ilederal Wid exclusion, establishing it as the next point of residential feasibility., Furthermore, once the 2-mile stretch of Federal L,and is removed From consideration, the Property is within a fifteen (15) mile radius of functionally useable land for residential purposes and therefore still coinplies with the intent of the L,D' radius requirement, Consequently, as rigid adherence to the fifteen (15) rnile nietric, without accounting for this tmkjor infrastructural interruption, would restrict dev0oprnents on Stock Island frorn developing, or Httking, to affordable developments on Cuqj(:)e Key, wlflch as discussed above is an integral part of the housing solution for Key West and Stock, Island ernployrnent centers, which undermines tile intent. of the.LDC 4905-9696-3452, v. 2 Devi n`rblpin, A.1CP, Cfa'M, Senior.Director qj"Plemning, and 1,nvironmenlal Resources ME.: R.equest for as waiver from strict compliance with the fifteen (1) rnfle distance requirement December 4, 2025 Page 4 of" 4 111. CONCLUSION Based on the above, the Applicant is requesting as waiver of strict coml,:)Iiance with the fifteen (15) mile radikis t-eqk,iirernent contained in LD(,' Section 139-1(f), in order to allow finkage ofthe affordable units located on the Property with non-residential developments located on Stock Island, Hanytt-iing further is required, or there are any qLiestions and/or concerns, please do not fiesitate to coritact w,ir office, Sincerely, Ojol BA(.),:„Sm i th . ... ... ... BWS/.IG/bg 4905-9696-3452, v. 2 I M This imstn.ament prepared by and after recording return to: Bryan Hawks, Esq. SMITH I ORDPEZA I HAWKS 138-142 Simonton Street Key West, F1, 33040 oc') Folio No. 00174960-000000 Doc# 2031155 06/01/2015 1:02PN Filed 9 Recorded in Official Records of MONROE COUN"ry AMY HEAVILIN 06/01/2015 1:02PM IDEED DOC STAMP CL: Krys $11,200.00 DoeN 2031155 BkO 2743 P9N 392 (For Recordees Use Only) Warranty Deed This Indenture made t1ri&,­day of May, 2015 between COCO PALMS DEVELOPERS, LLC, a Florida 'limited liability company, whose post office address is 1010 Kennedy Drive, Suite 302, Key West, FL 33040, grantor*, and MOBILE HOMES H01MINGS COCO, LIX, a Florida limited liability company, whose post office address is 138-142 Simonton Street, Key West, Fl, 33040, grantee*. Witnesseth that said grantor, for, and in consideration ofthe sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has ganted, bargained, and sold to the said g rantee, and p grantee's heirs and assigns foreVrer, the 'following described land, situate, lying and being in Monroe County, Florida, to -wit: Lot 30 Sacanna, a subdivision of Govemment Lots 3 and 4 in Section 29, Township 66 south. Range 28 East, Cudjoe Key, Monroe County, Florida, recorded in Plat book 2, Page 48 of the Public Records of Monroe County, Flonda. Together, with all the teriernents, heredit aments and appurtenances thereto belonging or in anywise appertaining. To have and to hold, the same in fee simple forever. Subject to the following, without intent to reimpose the sarne: I . Real Estate Taxes for, 201.5 and subsequent yeus; 2, Applicable zoning ordinances, restrictions, prohibitions and other requirements imposed by governmental authority; 1 Restrictions, arid matters appearing on the plat or otherwise common to the subdivision; -md 4� Easements of record, if any. arid said grantor does hereby fully warrant the title to said land, and will defend the sarne against lawful claims of all persons whonisoever. * "Grantor" and "Grantee" are used for singular or plural, as context requires. Doell 2031155 Bk# 2743 Pg# 393 In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: Witnes, 'Wi ness lame: State of Florida (,'(yunty of Monroe COCO PALMS DEVELOPERS, LLC, a Florida limited liability company By;,," Jiw,' S re The foregoing instnunent was acknowledgeAl before me this 9 day of May, 2015 by Jiwan N. Singh, as Vice President of OCO PALMS DEVEI..,OPERS, 1,LC, a Florida limited liability company, on behalf of said company. He [j is personally known or has Produced a driver's license as identification., SEEM= ah, Mw I" 'AhW0d16.W6-# IRIS M WOOTERS o Pu b WIFloridaYm 62" iRiS M. WOOTERS A_ Notary tary "c - State otary Public - State of Commiseft # FF 2:27864 wv Expires Jun 92019 Comm.My omExpires Jun 19. 2019 tWWW IMI. Bond0d Onuo Nd*W NWW"q Assa. otary Public Printed Name: , -5 r-S My Commission Expires: MONROE COUNTY OFFICIAL RECORDS 6P / I 14--1 00021280 - v1 � r r r � AGENT AUTHORIZATION FORM Batt, of Authorizatioru 12 1 ci 1 a'?,()2!5` mond-A Day 'Year artorli W, [,���Sq l� A W 11< S .1. hereby authoiize . . ................ . .... Jess Goodal[, S belisted as authc6zed agera ...... . ...... . ... . (Print Name of Agent) �1 �1 ozz �...j 1� ") ) I N C S 0 representivig ( ..... .... . . I '�It I ""U! . ..... . . . ....... fbr, the application submission (Print Name of Property Owner(s) the Applicant(s)) of y .......... . . .... ........ .... . ............. -- -------- . . . . ......... . ................ ... (1.1st the Name and Type of applications for the authorization) for the Property described as. (ifin inetes wid bounds, attach legal description on separate sheet) ----- ---- ------- ;1 - �Ild L --- I Lot Block Subdivision Key (Island) 1227021 . . . ......... .... . .... . .. . ......... . .. — ---------- -------------- Real Estate (RE) / Parcel ID Number Alternate Key Number ? I 215�i,'3'5 C)�d °":`!at,-ite F'�,oad 4A, C.A,�clpej<e 33042 2 1,5 . . ... . ......... . .. . . . . .................. ---- . . ............. . . .. . ........... . . . ..... -- . . ........ . .. ....... Street Address (Street, City, State & Zip Code) Approximate Mile Marker Authorized Agent Contact Information: I "i 8 S ru�(,,Frton KeyWE��','3t, II L, 33040 Mailing Address (Street, ("Ity, State and Zip ode) Jess ��Mes Si Ba . .................. . .. . ......... . . ...... . . ... . . . .................. . . . ..... .............. . .. .......... . . C(I......TTI .. . .......... ........... Work Phone Home Phone (,.'.ell Phone Email Address This authorization becomes effective on the date this affidavit is notarized and shall remain in effect until terminated by the undersigned. This authorization acts as a durat)le power, of attorney only for the purposes stated, 'The undersigned understands the risks and liabilities involved in the granting of this agency and accepts fall responsibility for any and all of the actions of the agent named herein related to the processing, of the services requested, application(s) and/or the ac(.,juisition of approval s/perin its ibr the aforementioned apphcant. The applicant(s) hereby indern-nifies and holds harmless Monroe County, its officers, agents and employees for any damage to applicant caused by its agent orarising from this, agency authorization. Note:.Ag,ents mustprovide as notarized authorization firom ALL cgarrentprqpert)r owners. Signature of Property Owner: . ... . ..... .... Date: A 7 -77�- S'TATEOF COUN-ry OF tAQ Sworn to and subscribed bef6re me, by means of either [W'5hysical presence OR 0 online notarization, on -"p day ofDrXC,*-Y-NV,--X1V- __,2076,by SM k T-�A (PRINT NAME OF PERSON MAKING STATEMENT) Who is El/personally known to me OR 0 produced ............. . .......... .............. . ........... . ... . ........ . I . ...... . ... ......... . .. as I I . ROVIDED) identification. Notary Public State of FWide Brandi Green My cot Wsston Hui WW Expires 6/201202 x 6�er-A�� --- - ------- . ........ ------- - ------------------- - - -- . ....... - ------- ----- SlGNATtJRE1 OF Tqo'rARY P(J131,1C PRINT, TYPE OR STAMP COMMISSIONED NAME OF NOTARY PUBLIC MY COMMISSION EXPIRES: QI I � vA 17-0 2* j) � W 'j IP,'11t ,l: p,'Afg / liIVI Iorr �,'rU, fp, r'm,,P��;; 1 , ,;u;fI I-,rI r �jI Id/ ItiN fl.fiIf 1�. 1 Detail by ErAity Narne Florida Limited Liability Company MOBILE HOMES HOLDINGS COCO, LLC Fi ing Information Document Number L15000083895 FEI/EIN Number 47-3990433 Date Filed 05/12/2015 Effective Date 05/12/2015 State FL Status ACTIVE Last Event LC STMNT OF RA/RO CHG Event Date Filed 06/22/2016 Event Effective Date NONE Principel..Addross 5555 COLLEGE RD KEY WEST, FL 33040 Changed: 06/22/2016 Mailing Address 5555 COLLEGE RD KEY WEST, FL 33040 Changed: 06/22/2016 Registered gePt.Neme&Ad,drees Johnson, Leslie 5555 COLLEGE RD KEY WEST, FL 33040 Name Changed: 02/08/2019 Authorized Persons) Detail Name & Address Title Manager Johnson, Leslie 5555 COLLEGE RD KEY WEST, FL 33040 Title Manager" Barton, Smith 138, Simonton St' 'Key Vest, FL 33040 Aprilva.I-Reppr—ts Report Year Filed Date 2023 01/23/2023 2024 02106/2024 2025 02/18/2025 Qq(; mpalmalges QM 00)2,� :: 01/28/2Q,12 - ANlQUAq-I I`,� EPI I-,[ QVIU� 2020 AI`Ql`,,RJAJ REIPOR t9 Al'4NAJAL Nr,,:PQFU 06/2'2/20 16 — COI IG Q /2,91 (1l', '9 `4QI, E; NVIV,2015 � 1,1,n1a Llv,,dxr Vk-,o/ nriap in PDF kninal ..................... 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