HomeMy WebLinkAboutResolution 059-2026 Wh
vc,
2
3
4
5 MONROE COUNTY, FLORIDA
6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
7
8 RESOLUTION NO. 059-2026
9
10 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
11 COMMISSIONERS DENYING A REQUEST TO WAIVE THE NON-
12 RESIDENTIAL INCLUSIONARY HOUSING REQUIREMENT FOR
13 REDEVELOPMENT WITH AN EXPANSION LOCATED AT 17145 AND 17175
14 OVERSEAS HIGHWAY,' SUGARLOAF KEY, MONROE COUNTY,
15 CURRENTLY HAVING PARCEL IDENTIFICATION NUMBERS 00117930-
16 000000 AND 00118480-000000.
17
18
19 WHEREAS, on January 30, 2026, the Monroe County Planning and Environmental Resources
20 Department received an application from Fortress Secured/Summit Construction Management Group,
21 LLC (the "Applicant") seeking a waiver of the applicable inclusionary housing requirement for the
22 redevelopment and 4,069 square foot expansion of a governmental use located at 17145 and 17175
23 Overseas Highway,2 Sugarloaf Key ("Property" or the"subject property"); and
24
25 WHEREAS, the subject property contains an existing governmental use that is being
26 redeveloped with a 4,069 square foot expansion; and
27
28 WHEREAS, pursuant to Monroe County Land Development Code ("LDC") § 139-1(f)(3)(b.)
29 each redevelopment project not exempted by subsection(4) shall mitigate 50%of the workforce housing
30 demand created by the proposed redevelopment by one or a combination of the methods identified in
31 subsection (5). The workforce housing required for nonresidential development when an existing use is
32 expanded shall be calculated based on the incremental increase is size of the existing use (net additional
33 square footage); and
34
35 WHEREAS, in accordance with LDC § 139-1(f)(4)(7.), the new development, redevelopment,
36 remodeling, repair, change to a different use category or cumulative expansion of a nonresidential use
37 that does not establish or increase the area of the nonresidential use by more than 1,000 square feet of
38 gross floor area or area of use are exempt from the nonresidential inclusionary housing requirement; and
39
40 WHEREAS, pursuant to LDC § 139-1(f)(2), the "technical support technical support and
41 analysis upon which the nonresidential inclusionary housing requirements are established are based upon
42 the Affordable Workforce Housing Support Study for Non-Residential Development prepared by
43 Clarion Associates, LLC" (the "Study"); and
44
1 Approximate mile marker 17.
2 Id.
1 of 4
I WHEREAS, in accordance with LDC § 13 9-1(f)(5)(a.),redevelopment with a 3,069 square foot
2 addition for a governmental use generates the need for 1.31 affordable dwelling units with an in-lieu fee
3 equivalent of$117,481.32, based upon said BOCC-approved Study; and
4
5 WHEREAS,the Applicant's mitigation requirement, should the Applicant choose to comply by
6 the construction of affordable dwelling units (either on or off site)would be one (1) affordable dwelling
7 unit(rounded up from 0.66) or payment of the in-lieu fee equivalent, which is $58,740.66; and
8
9 WHEREAS, any applicant who believes that they may be eligible for relief from the strict
10 application of this section may petition the BOCC for relief under this subsection (f)(4). Any petitioner
11 for relief hereunder shall provide evidentiary and legal justification for any reduction, adjustment or
12 waiver of any requirements under this section. The petitioner shall use generally accepted principles and
13 methods and verifiable local information and requested relief, and
14
15 WHEREAS,the BOCC may reduce,adjust,or waive the requirements set forth in this subsection
16 (f), based on specific findings of fact, where the BOCC concludes, with respect to any applicant, that:
17
18 1. Strict application of the requirements would produce a result inconsistent with the
19 Comprehensive Plan or the purpose and intent of this subsection;
20 2. Due to the nature of the proposed nonresidential development, the development furthers
21 Comprehensive Plan policies and the purpose and intent of this subsection through means other
22 than strict compliance with the requirements set forth herein;
23 3. The applicant demonstrates an absence of any reasonable relationship between the impact of the
24 proposed nonresidential development and requirements of this subsection (f);
25 4. The strict application with the requirements set forth herein would improperly deprive or deny
26 the applicant of constitutional or statutory rights; or
27 5. In the event of a declared State of Local Emergency, the BOCC adopts a resolution recognizing
28 that the strict application of the nonresidential inclusionary requirements would not enhance nor
29 protect the health, safety and welfare of the community
30
31 WHEREAS, at a regularly scheduled public meeting held on February 18, 2026,the BOCC held
32 a duly noticed public hearing, considered the January 30, 2026-dated professional staff report
33 accompanying this BOCC agenda item prepared by and from Monroe County Planning and
34 Environmental Resources Department Acting Planning & Development Review Manager Thomas
35 Francis-Siburg,A.I.C.P.,3 and through Department Senior Director Devin Tolpin,A.LC.P., C.F.M.,4 and
36 the subject request; and
37
38 WHEREAS, at said regularly scheduled public meeting the BOCC considered the professional
39 staff presentation and feedback of Monroe County Planning and Environmental Resources Department
40 Senior Director Devin Tolpin; and
41
42 WHEREAS, the above-referenced Monroe County Planning and Environmental Resources
43 Department professional staff report and the above-referenced Department professional staff
44 presentation and feedback are hereby incorporated as if fully stated herein, and said Department
3 American Institute of Certified Planners—Certified.
4 Association of State Floodplain Managers(A.S.F.M.)—Certified Floodplain Manager(C.F.M.).
2of4
1 professional staffs analysis, opinions, and determinations of fact and law are hereby accepted and
2 adopted as the BOCC's own as if fully stated herein; and
3
4 WHEREAS,based upon the documentation and information received the BOCC hereby makes
5 the following findings of fact and conclusions of law:
6
7 1. The Monroe County BOCC hereby concurs with and adopts all of the above-referenced written
8 and oral assertions and determinations of fact and law rendered by Monroe County Planning and
9 Environmental Resources Department Planning & Development Review Manager Thomas
10 Francis-Siburg,A.I.C.P., and Department Senior Director Devin Tolpin,A.I.C.P., C.F.M.;
11
12 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
13 COMMISSIONERS OF MONROE COUNTY,FLORIDA:
14
15 Section 1. The foregoing title, recitals, findings of fact, and conclusions of law are true and correct
16 and are hereby incorporated as if fully set forth herein.
17
18 Section 2. The above-referenced Monroe County Planning and Environmental Resources
19 Department professional staff report and presentation of Department Planning &
20 Development Review Manager Thomas Francis-Siburg,A.I.C.P.,and Department Senior
21 Director Devin Tolpin, A.I.C.P., C.F.M., are hereby incorporated and their analysis and
22 determinations of fact and law are hereby accepted and adopted as the BOCC's own as if
23 fully stated herein.
24
25 Section 3. Following considered review of the full record before it, based upon competent
26 substantial evidence of record, more particularly referenced above, the Monroe County
27 Board of County Commissioners hereby DENIES the Applicant's request to be granted
28 an exception and waiver from the requirement to satisfy the inclusionary affordable-
29 employee housing requirements of Monroe County as required by the Monroe County
30 Land Development Code.
31
32 Section 4. The interpretation of this Resolution shall be liberally construed and enforced in favor of
33 the Monroe County Board of County Commissioners and such interpretation shall be
34 entitled to great weight in adversarial administrative proceedings, at trial, and on appeal.
35
36 Section 5. This Resolution shall take effect immediately upon adoption and execution.
37
38 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,Florida,
39 at a regular public meeting held on this 18th day of February, 2026.
40
41 Mayor Michelle Lincoln Yes
42 Mayor Pro Tern David Rice Yes
43 Commissioner Craig Cates Yes
44 Commissioner James K. Scholl Yes
Commissioner Holly Merrill Raschein Yes
47 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
48 FLORIDA
49AI if
B �,
50
y•
51 Mayor Michelle Lincoln
3of4
. 1
NO(1)lq,,,,
.,0,
:- ' ,
4..
_ it A
-i
01 A 1
...___..„....---.„. .,.....-,-:-, •
x .............,-.,.,___,........, __.,...
__.-._..-...,.. - --. r
�. ==Y MADOK; CLERK �` ATTORNEY
8
9lifYin/t---
6 f-T 1,/ i
Date. •
10:.. AS D' PUTY:CLERK.
--,r,..
4 of 4