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Item N3County of Monroe A BOARD OF COUNTY COMMISSIONERS Mayor George Neugent, District 2 The Florida. Key y w) Mayor Pro Tem David Rice, District 4 �r Danny L. Kolhage, District I Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting April 12, 2017 Agenda Item Number: N.3 Agenda Item Summary #2625 BULK ITEM: No DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Emily Schemper (305) 289 -2506 3:00 P.M. PUBLIC HEARING AGENDA ITEM WORDING: A resolution by the Monroe County Board of County Commissioners transmitting to the State Land Planning Agency an ordinance by the Monroe County Board of County Commissioners amending Monroe County Year 2030 Comprehensive Plan Policy 01.5.29, to allow lawfully established transient units to be entitled to a density of one transient unit per lawfully established transient unit and not be considered nonconforming as to density, and to allow the density of lawfully established transient units to be replaced with up to the same density of permanent employee housing dwelling units notwithstanding density limitations of the future land use map categories and subject to the award of Affordable ROGO Allocations, a development agreement, and a major conditional use permit; Providing for Severability; Providing for Repeal of Conflicting Provisions; Providing for Transmittal to the State Land Planning Agency and the Secretary of State; Providing for inclusion in the Monroe County Comprehensive Plan; Providing for an Effective Date. ITEM BACKGROUND: 1211 Overseas, LLC is proposing an amendment to Policy 101.5.29 of the Monroe County Year 2030 Comprehensive Plan (adopted by the BOCC on April 13, 2016; effective June 20, 2016) which would allow lawfully established transient units to be entitled to a density of one (1) transient unit per lawfully established transient unit and not be considered nonconforming as to density, and to allow those lawfully established transient units to be replaced with permanent affordable employee housing dwelling units at the same density, notwithstanding density limitations of the future land use map designation of the subject property. Development under the proposed policy would require a development agreement, major conditional use permit, and affordable ROGO allocations. Development under this policy will also require: • Future Land Use category and Land Use (Zoning) District must allow the proposed type of employee housing dwelling units as a permitted use • The property shall have all infrastructure in place • The property shall be located within a Tier III designated area • Employee housing units provided pursuant to this policy shall only be used as rental housing and shall contain a minimum of 400 square feet of habitable floor area The property shall not be located within a designated CBRS unit • Prior to approval of a certificate of occupancy, all existing structures /units to be maintained on site shall be brought into compliance with all building codes as if they were new construction, and shall pass a life safety inspection conducted in a manner prescribed by the Monroe County Building Department The Applicant states that the primary purpose of the proposed amendments is to incentivize the provision of affordable housing, and that a secondary effect of the proposed amendments will be to incentivize the redevelopment of aging hotel/motel infrastructure. The proposed amendments address two issues identified during the Monroe County Evaluation and Appraisal Report (EAR) and Comprehensive Plan Update process: inadequate availability of affordable housing; and the need for redevelopment of aging hotel /motel infrastructure. While staff understands the applicant's primary purpose for the proposed amendment, staff must review the amendment to balance and protect the public health, safety, and welfare of the citizens of the Florida Keys, particularly those citizens qualifying for affordable housing. The EAR points out that of the hotel rooms within unincorporated Monroe County, 54 percent are within structures older than 40 years, which is considered the useful life of buildings and structures from a building use and architectural perspective. As such, the County is making recommendations to the applicants proposed amendment to ensure that the "incentivized" affordable housing is not encouraging locating affordable housing in potentially hazardous locations or within structures that are at the end of their useful life and may become unsafe. Staff is supportive of the proposed amendment in concert with the continued protection of the public health, safety, and welfare of the citizens of the Florida Keys. Staff notes that the proposed amendment would be internally inconsistent with Policy 101.8.2, which requires a property to come into full compliance with all regulations of the Comprehensive Plan and Land Development Code, including density, when a change of use is proposed. The proposed amendment includes, "Notwithstanding Policy 101.8.2, and..." to address the inconsistency. This mirrors the language in Policy 101.5.29 that protects lawfully established dwelling units from being required to meet density limitations when the units are non - conforming to density under today's comprehensive plan; but were built under previous standards. Staff has recommended that the proposed policy specify that proposed affordable housing dwelling units under the policy shall not be located in a FEMA velocity (V) zone in order to be consistent with current County policy and to help protect families, homes, and businesses - in particular, for those qualifying for affordable housing, who may have the least amount of resources available to cover the increasing costs of insurance and /or to recover from a flooding event. The award of affordable ROGO allocations to property within the v -zone is currently prohibited under Monroe County LDC Section 138- 24(c)(3). The Planning Commission has recommended that in instances where transient units and the structures in which they are located are lawfully established within a v -zone, they may receive an affordable ROGO allocation for employee housing within the v -zone provided the buildings meet current building codes and are elevated above base flood elevation to meet floodplain requirements. Staff has incorporated the Planning Commission recommendation into the draft ordinance attached. PREVIOUS RELEVANT BOCC ACTION: BOCC 2/15/17 (P2): The applicant requested the Feb. 15 public hearing be continued. The Board continued the public hearing to the April 12 meeting in Marathon, FL. CONTRACT /AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Staff recommends approval of the proposed amendments to Policy 101.5.29 with all changes recommended by the Planning Commission following their October 26, 2016 hearing, except the provision allowing the award of affordable ROGO allocations to property within a v -zone (highlighted in yellow in the attached draft ordinance). The staff report explains that locating housing in a V zone does not help protect families and homes - in particular, for those qualifying for affordable housing, who may have the least amount of resources available to cover the increasing costs of insurance and /or to recover from a flooding event. DOCUMENTATION: Transmittal Resolution- 1211 Overseas LLC Exhibit A to Resolution - Draft Ordinance - 1211 Overseas LLC CP text amendment Staff Report - 1211 Overseas LLC CP text amendment Exhibit 1 to Staff Report - Hotels_TierIll FINANCIAL IMPACT: Effective Date: N/A Expiration Date: N/A Total Dollar Value of Contract: N/A Total Cost to County: N/A Current Year Portion: N/A Budgeted: N/A Source of Funds: CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: N/A If yes, amount: N/A Grant: N/A County Match: N/A Insurance Required: N/A Additional Details: N/A REVIEWED BY: Mayte Santamaria Completed Steve Williams Completed Jaclyn Carnago Completed Assistant County Administrator Christine Hurley 01/31/2017 3:43 PM Budget and Finance Skipped Maria Slavik Skipped Emily Schemper Completed Mayte Santamaria Completed Kathy Peters Completed Board of County Commissioners Completed 01/27/2017 12:28 PM 01/30/2017 9:59 AM 01/30/2017 3:09 PM Completed 01/25/2017 10:33 PM 01/25/2017 10:33 PM 01/31/2017 4:01 PM 01/31/2017 4:32 PM 01/31/2017 4:34 PM 02/15/2017 9:00 AM 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 39 40 41 42 43 44 45 .a MONROE COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS RESOLUTION NO. -2017 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS TRANSMITTING TO THE STATE LAND PLANNING AGENCY AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING MONROE COUNTY YEAR 2030 COMPREHENSIVE PLAN POLICY 101.5.29, TO ALLOW LAWFULLY ESTABLISHED TRANSIENT UNITS TO BE ENTITLED TO A DENSITY OF ONE TRANSIENT UNIT PER LAWFULLY ESTABLISHED TRANSIENT UNIT AND NOT BE CONSIDERED NONCONFORMING AS TO DENSITY, AND TO ALLOW THE DENSITY OF LAWFULLY ESTABLISHED TRANSIENT UNITS TO BE REPLACED WITH UP TO THE SAME DENSITY OF PERMANENT EMPLOYEE HOUSING DWELLING UNITS NOTWITHSTANDING DENSITY LIMITATIONS OF THE FUTURE LAND USE MAP CATEGORIES AND SUBJECT TO THE AWARD OF AFFORDABLE ROGO ALLOCATIONS, A DEVELOPMENT AGREEMENT, AND A MAJOR CONDITIONAL USE PERMIT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR INCLUSION IN THE MONROE COUNTY COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Monroe County Board of County Commissioners conducted a public hearing for the purpose of considering the transmittal pursuant to the State Coordinated Review Process in Sec. 163.3184(4), F.S., to the State Land Planning Agency for objections, recommendations and comments, and to the other Reviewing Agencies as defined in Sec. 163.3184(1)(c), F.S., for review and comment on a proposed amendment to the Monroe County Year 2030 Comprehensive Plan as described above; and Resolution No. -2017 Page 1 of 2 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 WHEREAS, the Monroe County Planning Commission and the Monroe County Board of County Commissioners support the requested text amendment; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. The Board of County Commissioners does hereby adopt the recommendation of the Planning Commission to transmit the draft ordinance, attached as Exhibit A, for adoption of the proposed text amendment. Section 2. The Board of County Commissioners does hereby transmit the proposed amendment to the State Land Planning Agency for review and comment in accordance with the State Coordinated Review process pursuant to Section 163.3184(4), Florida Statutes. Section 3 . The Monroe County staff is given authority to prepare and submit the required transmittal letter and supporting documents for the proposed amendment in accordance with the requirements of Section 163.3184(4), Florida Statutes. Section 4. The Clerk of the Board is hereby directed to forward a certified copy of this resolution to the Director of Planning. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 12'' day of April, 2017. Mayor George Neugent Mayor Pro Tem David Rice Commissioner Heather Carruthers Commissioner Danny L. Kolhage Commissioner Sylvia Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (SEAL) Mayor George Neugent ATTEST: KEVIN MADOK, CLERK DEPUTY CLERK IRON OE COUNTY FO RN A OV O A$ RM': StEV N Y. WILLIAMS ASS'51+ TM TTORNEY Date Resolution No. -2017 Page 2 of 2 Exhibit A to transmittal resolution 1 2 3 4 6 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 =�r MONROE COUNTY, FLORIDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ORDINANCE NO. -201 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING MONROE COUNTY YEAR 2030 COMPREHENSIVE PLAN POLICY 101.5.29, TO ALLOW LAWFULLY ESTABLISHED TRANSIENT UNITS TO BE ENTITLED TO A DENSITY OF ONE TRANSIENT UNIT PER LAWFULLY ESTABLISHED TRANSIENT UNIT AND NOT BE CONSIDERED NONCONFORMING AS TO DENSITY, AND TO ALLOW THE DENSITY OF LAWFULLY ESTABLISHED TRANSIENT UNITS TO BE REPLACED WITH UP TO THE SAME DENSITY OF PERMANENT EMPLOYEE HOUSING DWELLING UNITS NOTWITHSTANDING DENSITY LIMITATIONS OF THE FUTURE LAND USE MAP CATEGORIES AND SUBJECT TO THE AWARD OF AFFORDABLE ROGO ALLOCATIONS, A DEVELOPMENT AGREEMENT, AND A MAJOR CONDITIONAL USE PERMIT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR INCLUSION IN THE MONROE COUNTY COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. 36 37 38 WHEREAS, on March 31, 2016, 1211 Overseas, LLC ( "the Applicant ") submitted an 39 application requesting amendments to Monroe County Comprehensive Plan Policies 101.5.29 40 and 101.3.10; and 41 42 WHEREAS, the Applicant requested to make changes to Policy 101.5.29 which would 43 allow lawfully established transient units to be entitled to a density of one (1) transient unit per 44 lawfully established transient unit and not be considered nonconforming as to density, and to 45 allow those lawfully established transient units to be replaced with permanent affordable housing Ord -201 1 of 6 Exhibit A to transmittal resolution 1 dwelling units at the same density, notwithstanding density limitations of the future land use map 2 designation of the subject property; and 3 4 WHEREAS, the Applicant also requested to make changes to Policy 101.3.10 which 5 would allow transient ROGO exemptions that are replaced by affordable housing ROGO 6 allocations pursuant to the proposed language of Policy 101.5.29 to be transferred between 7 subareas and between local government jurisdictions; and 8 9 WHEREAS, the Monroe County Development Review Committee (DRC) considered 10 the proposed amendment and provided for public comment at a regularly scheduled meeting held 11 on the 28 day of June, 2016; and 12 13 WHEREAS, at the DRC meeting, staff recommended several changes to the language of 14 the Applicant's proposed amendment to Policy 101.5.29 and based on public input given at the 15 DRC meeting, staff discussed additional changes to the language of the Applicant's proposed 16 amendment to Policy 101.5.29; and 17 18 WHEREAS, staff recommended denial of the Applicant's proposed amendment to 19 Policy 101.3.10; and 20 21 WHEREAS, based on discussions during review of the application by the Development 22 Review Committee (DRC), the Applicant submitted revised proposed amendment language and 23 eliminated the proposed amendments to Policy 101.3.10; and 24 25 WHEREAS, at a regularly scheduled meeting held on the 28 of September, 2016, the 26 Planning Commission (PC) held a public hearing to consider the proposed amendment, and 27 based on discussion and public input at the hearing, the PC suggested potential revisions to the 28 proposed amendment, and requested to continue the item to their October 26, 2016 meeting in 29 order to further evaluate the proposal and suggested revisions; and 30 31 WHEREAS, the Monroe County Planning Commission held a second public hearing on 32 the 26 day of October, 2016, for review and recommendation on the proposed Comprehensive 33 Plan text amendment and provided for public comment; and 34 35 WHEREAS, based on discussion and public input at the hearing, the PC recommended 36 revisions to the proposed amendment, documented in Resolution No. P29 -16; and 37 38 WHEREAS, based upon the information and documentation submitted, the Planning 39 Commission makes the following Findings of Fact and Conclusions of Law: 40 41 1. The proposed amendment, with changes as directed by the Planning Commission, is 42 consistent with the Goals, Objectives and Policies of the Monroe County Year 2030 43 Comprehensive Plan; and Ord -201 2of6 Exhibit A to transmittal resolution 1 2. The proposed amendment, with changes as directed by the Planning Commission, is 2 consistent with the Principles for Guiding Development for the Florida Keys Area of 3 Critical State Concern, Sec. 380.0552(7), F.S.; and 4 3. The proposed amendment, with changes as directed by the Planning Commission, is 5 consistent with Part 11 of Chapter 163, Florida Statute; and 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 39 40 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P 29 -16 recommending approval of the proposed amendment; and WHEREAS, at a regular meeting held on the 15th day of February, 2017, the Monroe County Board of County Commissioners discussed the proposed text amendment and continued the item to their April 12, 2017, regular meeting; and WHEREAS, at a regular meeting held on the 12th day of April, 2017, the Monroe County Board of County Commissioners held a public hearing to consider the transmittal of the proposed text amendment, considered the staff report and provided for public comment and public participation in accordance with the requirements of state law and the procedures adopted for public participation in the planning process; and WHEREAS, at the , 2017 public hearing, the BOCC adopted Resolution , transmitting the proposed text amendment to the State Land Planning Agency; and WHEREAS, the State Land Planning Agency reviewed the amendment and issued an Objections, Recommendations and Comments (ORC) report, received by the County on _ and WHEREAS, the ORC report ; and WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the proposed amendment, adopt the amendment with changes or not adopt the amendment; and WHEREAS, at a regularly scheduled meeting on the day of , 201 the BOCC held a public hearing to consider adoption of the proposed Comprehensive Plan text amendment; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. The text of the Monroe County Comprehensive Plan is hereby amended as follows: Ord -201 3 of 6 Exhibit A to transmittal resolution I Policy 101.5.29 2 Notwithstanding the density limitations set forth in Policy 101.5.25, land upon which a 3 lawfully established residential permanent dwelling unit exists shall be entitled to a density 4 of one permanent dwelling unit per each recognized lawfully established permanent unit. 5 Such lawfully established dwelling unit(s) shall not be considered nonconforming as to the 6 density provisions of Policy 101.5.25 and the Monroe County Code. Lawfully established 7 transient units shall be entitled to one unit for each type of unit in existence before January 4, 8 1996 for use as a ROGO exemption. 9 10 Lawfully established transient units recognized by the Coun . may receive a density of up to 11 one transient dwelling unit per each recognized lawfully established transient unit, for the 12 purpose of replacing the recognized density with employee housing, and shall not be 13 considered nonconforming as to the density provisions of Policy 101.5.25 and the Monroe 14 County Land Development Code. 15 16 Notwithstanding g Policy 101.8.2, and to further the purposes and goals of the Housing 101.8.2, and to further the purposes and goals of the Housing 17 Element of the Comprehensive Plan, the transient density and units of hotel and motel uses 18 recognized n pursuant to this policy and Section 130 -163 of the Land Development Code maX 19 be replaced at up to the same density on a unit per unit basis with employee housing units, 20 subject to obtaining affordable ROGO allocations, and pursuant to a development agreement 21 and a major conditional use permit. 22 23 Employee housing units developed to replace transient unit density under this policy are 24 subject to the following criteria: 25 26 a. The property's Future Land Use category and Land Use (Zoning) District must allow the 27 proposed type of employee housing dwelling units as a permitted use, 28 b. The property shall have all infrastructure in place and development of employee housing 29 units developed to replace transient unit density under this policy shall meet adopted LOS 30 as required by Policies 101.1.3, 101.1.4, 101.1.5 and 101.1.6, 31 c. The property shall be located within a Tier III designated area, 32 d. Employee housing units provided pursuant to this policy shall only be used as rental 33 housing, 34 e. Notwithstanding Section 138- 24(c)(3) of the Land Development Code, in instances 35 where transient units and the structures in which they are located are lawfully established 36 within a velocity (V) zone, they may receive an affordable ROGO allocation for 37 employee housing within the V zone, provided the employee housing units meet all 38 requirements of this policy; 39 f. Any employee housing units provided pursuant to this policy located within a velocity 40 (V) zone shall meet current building codes and shall be elevated above base flood 41 elevation to meet floodplain requirements, 42 g. The property shall not be located within a designated CBRS unit, Ord -201 4of6 Exhibit A to transmittal resolution 1 h. Employee housing (as permitted by the property's FLUM and Zoning designations) and 2 accessory uses thereto shall be the only uses permitted on property redeveloped under 3 this policy, 4 i. Each employee housing g unit provided pursuant to this policy provided pursuant to this policy shall contain a minimum of 5 400 square feet of habitable floor area, 6 j. Prior to approval of a certificate of occupancy, all existing structures /units to be 7 maintained on site shall be brought into compliance with all building codes as if they 8 were new construction, and shall pass a life safety inspection conducted in a manner 9 prescribed by the Monroe County Building Department, 10 k. Each employee housing g unit provided pursuant to this policy provided pursuant to this policy shall comply with hurricane 11 standards established by the Florida Building Code and habitability standards established 12 under the Florida Landlord and Tenant Act Compliance shall be accomplished prior to 13 occupancy, 14 1. Prior to the issuance of a building �permit for any employee housing unit provided 15 pursuant to this policy, the property owner must obtain an affordable ROGO allocation 16 for each proposed unit, transient ROGO exemptions may not be converted into 17 permanent ROGO exemptions for either affordable or market rate dwelling units, 18 m. Any transfers of transient ROGO exemptions from the site shall be subject to the THE 19 requirements of Policy 101.6.8, 20 n. The major conditional use permit shall determine the proportion of employee housing 21 units to be built in each affordable housing income category as defined in Section 101 -1 22 of the Land Development Code_ 23 o. Transient ROGOs shall not be transferred off a property to be redeveloped under this 24 policy prior to the approval of the development agreement, and 25 p. Any proposed project under this policy shall demonstrate that the proposed density is 26 consistent with the community character and shall address the demonstrated need within 27 the ROGO subarea. 29 Section 2. Severability. If any section, subsection, sentence, clause, item, change, or 30 provision of this ordinance is held invalid, the remainder of this ordinance shall 31 not be affected by such validity. 32 33 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in 34 conflict with this ordinance are hereby repealed to the extent of said conflict. 35 36 Section 4. Transmittal. This ordinance shall be transmitted by the Director of Planning to 37 the State Land Planning Agency pursuant to Chapter 163 and 380, Florida 38 Statutes. Ord -201 5 of 6 Exhibit A to transmittal resolution 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 Section 5. Filing and Effective Date. This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not become effective until a notice is issued by the State Land Planning Agency or Administration Commission finding the amendment in compliance with Chapter 163, Florida Statutes and after any applicable challenges have been resolved. Section 6. Inclusion in the Comprehensive Plan. The text amendment shall be incorporated in the Monroe County Comprehensive Plan. The numbering of the foregoing amendment may be renumbered to conform to the numbering in the Monroe County Comprehensive Plan. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the day of , 201_ Mayor George Neugent Mayor Pro Tem David Rice Commissioner Heather Carruthers Commissioner Danny L. Kolhage Commissioner Sylvia Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA C Mayor George Neugent (SEAL) ATTEST: KEVIN MADOK, CLERK DEPUTY CLERK Ord -201 6of6 1 `t �� u3 %fi MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring, professional and fair To: Monroe County Board of County Commissioners Through: Mayte Santamaria, Senior Director of Planning and Environmental Resources From: Emily Schemper, AICP, Comprehensive Planning Manager Date: January 17, 2017 Subject: AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING MONROE COUNTY YEAR 2030 COMPREHENSIVE PLAN POLICY 101.5.29, TO ALLOW LAWFULLY ESTABLISHED TRANSIENT UNITS TO BE ENTITLED TO A DENSITY OF ONE TRANSIENT UNIT PER LAWFULLY ESTABLISHED TRANSIENT UNIT AND NOT BE CONSIDERED NONCONFORMING AS TO DENSITY, AND TO ALLOW THE DENSITY OF LAWFULLY ESTABLISHED TRANSIENT UNITS TO BE REPLACED WITH UP TO THE SAME DENSITY OF PERMANENT EMPLOYEE HOUSING DWELLING UNITS NOTWITHSTANDING DENSITY LIMITATIONS OF THE FUTURE LAND USE MAP CATEGORIES AND SUBJECT TO THE AWARD OF AFFORDABLE ROGO ALLOCATIONS, A DEVELOPMENT AGREEMENT, AND A MAJOR CONDITIONAL USE PERMIT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR INCLUSION IN THE MONROE COUNTY COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. (Planning File 42016 -046) Meeting: February 15, 2017 L REQUEST On March 31, 2016, the Planning and Environmental Resources Department received an application from 1211 Overseas, LLC ( "the Applicant ") to amend Policies 101.5.29 and 101.3. 10 of the Monroe County Year 2030 Comprehensive Plan (adopted by the BOCC on April 13, 2016; effective June 20, 2016). The Applicant requested to make changes to Policy 101.5.29 which would allow lawfully established transient units to be entitled to a density of one (1) transient unit per lawfully established transient unit and not be considered nonconforming as to density, and to allow those lawfully established transient units to be replaced with permanent affordable housing dwelling units at the same density, notwithstanding density limitations of the future land use map designation of the subject property. The Applicant also requested to make changes to Policy 101.3.10 which would allow transient ROGO exemptions that are replaced by affordable housing ROGO allocations pursuant to the proposed language of Policy 101.5.29 to be transferred between subareas and File 2016 -046 Page 1 of 33 between local government jurisdictions. As discussed in further detail later in this report, based on discussions during review of the application by the Development Review Committee (DRC), the Applicant has updated their application to eliminate the proposed amendments to Policy 101.3.10. II. BACKGROUND INFORMATION The Applicant is requesting text amendments to both the Monroe County Comprehensive Plan (Planning File 42016 -046) and the Monroe County Land Development Code (Planning File 42016- 047). The subject of this staff report is the proposed amendments to the Comprehensive Plan. The Applicant states that the primary purpose of the proposed amendments is to incentivize the provision of affordable housing, and that a secondary effect of the proposed amendments will be to incentivize the redevelopment of aging hotel /motel infrastructure. The proposed amendments address two issues identified during the Monroe County Evaluation and Appraisal Report (EAR) and Comprehensive Plan Update process: inadequate availability of affordable housing; and the need for redevelopment of aging hotel /motel infrastructure. The Applicant cites documents that were used as supporting data for the Monroe County EAR and the Data and Analysis — Technical Document, as well as documents that provide updated data since the time of the EAR: 1. Monroe County Comprehensive Plan Update EAR Chapter 4: Major Issues Analysis, 2012; 2. "Economic Trends and Opportunities in Unincorporated Monroe County," April 13, 2011, by Fishkind and Associates with support from Keith and Schnars, P.A.; 3. Monroe County Population Projections (Keith & Schnars, P.A., 2011); 4. Monroe County Workforce Housing Stakeholder Assessment Report, 2015, by FCRC Consensus Center, FSU; and 5. United Way ALICE Study of Financial Hardship Report, Fall, 2014. The Applicant's full explanation and justification for the proposed amendments is included in the application file and the supplemental data supplied by the Applicant on September 7, 2016. Staff has reviewed the Applicant's position and supporting documentation, and agrees with the position that inadequate availability of affordable housing is currently a primary issue facing permanent residents of unincorporated Monroe County. In 2015, the BOCC acknowledged the County's workforce housing issues and adopted Resolution 189 -2015, assigning additional duties to the Affordable Housing Advisory Committee directing the committee to make recommendations for steps the County may take to address the need for more workforce housing options. The committee presented their recommendations to the BOCC at their regular meeting on August 17, 2016. On December 6, 2016, the BOCC held a special meeting to review the committee's recommendations and provide for public input. At the special meeting, the BOCC directed staff to begin work on certain committee recommendations, and hold other recommendations for potential action in the future. Staff also acknowledges that the EAR's Major Issues Analysis (2012) identifies aging hotel /motel infrastructure as an economic sustainability issue for the unincorporated County. The EAR points out that only 25 percent of hotel rooms within all of the Keys are located in the unincorporated portions of the County. Of these hotel rooms, 54 percent are within structures older than 40 years, File 2016 -046 Page 2 of 33 which is considered the useful life of buildings and structures from a building use and architectural perspective. By 2030, 84 percent of the hotel/motel structures will have surpassed their useful life and will require either replacement or extensive renovation. The EAR includes the following recommended strategy for addressing the issue of aging hotel /motel infrastructure: Provide incentives for redevelopment of existing outdated hotel /tourist facilities should he instituted. Such incentives may include the ability to expand the building footprint. Recommend some relaxation, where appropriate, of current zoning regulations to reduce the cost of upgrade compliance is also important and should he considered for green building and /or green lodging certification. While staff understands the applicant's primary purpose of the proposed amendments is to incentivize the provision of affordable housing, and that a secondary effect of the proposed amendments will be to incentivize the redevelopment of aging hotel /motel infrastructure, staff must review the amendment to balance and protect the public health, safety, and welfare of the citizens of the Florida Keys, particularly those citizens qualifying for affordable housing. As noted above, the EAR points out that of the hotel rooms within unincorporated Monroe County, 54 percent are within structures older than 40 years, which is considered the useful life of buildings and structures from a building use and architectural perspective. As such, the County is making recommendations to the proposed amendment to ensure that the "incentivized" affordable housing is not encouraging locating affordable housing in risky locations or within structures that are at their useful life and may become unsafe. It is also important to note that the County cannot project the number of properties with nonconforming lawfully established transient units /density which would want to utilize the proposed change to redevelop the lawfully established transient units /density with permanent affordable housing dwelling units at the same density. It is unknown the costs associated with bringing aging hotel /motel structures into compliance for use as affordable housing. Further, it is unknown if the costs of upgrading and converting aging hotel /motel structures would act as a disincentive to utilizing the proposed amendment. At a regularly scheduled meeting held on June 28, 2016, the DRC considered the proposed amendments and provided for public comment. Staff recommended several changes to the language of the Applicant's proposed amendment to Policy 101.5.29, and based on public input given at the DRC meeting, staff discussed additional changes to the language of the Applicant's proposed amendment to Policy 101.5.29. Staff recommended denial of the Applicant's proposed amendment to Policy 101.3.10. Following the DRC meeting, the Applicant submitted revised proposed amendment language based on staff and public comment. The revised proposal eliminated the proposed changes to Policy 101.3.10. At a regularly scheduled meeting held on September 28, 2016, the Planning Commission (PC) held a public hearing to consider the proposed amendment. Based on discussion and public input at the hearing, the PC suggested potential revisions to the proposed amendment, and requested to continue File 2016 -046 Page 3 of 33 the item to their October 26, 2016 meeting in order to further evaluate the proposal and suggested revisions. At a regularly scheduled meeting held on October 26, 2016, the PC held a second public hearing, continued from the September 28, 2016 hearing, provided for additional public comment, and further discussed and evaluated the proposed amendments and the staff and PC recommended revisions. The PC made additional recommendations on the specific provisions and language of the proposed amendments, and adopted Resolution No. P29 -16, recommending approval with the stated revisions. III. PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENT The following illustrates both the adopted, effective text of the Year 2030 Comprehensive Plan (adopted by the BOCC on April 13, 2016; effective June 20, 2016) and the changes proposed by the Applicant (proposed additions are shown in .. i c".'i ,� and s ). Adopted 2030 Comprehensive Plan: Policy 101.5.29 Notwithstanding the density limitations set forth in Policy 101.5.25, land upon which a lawfully established residential dwelling unit exists shall be entitled to a density of one dwelling unit per each recognized lawfully established unit. Such lawfully established dwelling unit(s) shall not be considered as nonconforming as to the density provisions of Policy 101.5.25 and the Monroe County Code. APPLICANT'S PROPOSED AMENDMENTS (updated following 6/28/2016 DRC meeting): Policy 101.5.29 Notwithstanding the density limitations set forth in Policy 101.5.25, land upon which a lawfully established residential «s d dwelling unit exists shall be entitled to a density of one :n T" L' dwelling unit per each recognized lawfully established ° £ unit. Such lawfully established dwelling unit(s) shall not be considered as nonconforming as to the density provisions of Policy 101.5.25 and the Monroe County Code. a „x b , c. c (, ,L a V S a c be c a a ,0.r ae, s2 ar.c n s Itv - 1ur a. 4�,�.,. a C t, U' D,,,`.�, S sc. « ` -f. "a s <,. I a. 4� k € ` -Q . €4� -' a ,3 -I a. 4� €s &: -. t,. C �.` =:sc. r vl� {' � "_a '� s � � r `��,.rA to t `� `..�E.� e E r- II E pY+ Ek 4.. 4a ry ,, yg e Y 4 }r.ffi .I _ } s. L_ E.. f. � E S- - b. -J a. £ e (— W..}`� a. - - �Y k « a'. -Q ] r 1 £'c e be { �,.,��I dca. �.�0.+ l„ t { lc . �.� 0.,r �.� °fir S I, r... r)�.� �., i a,d gE t �. �� -ff `, c �.� _�. ��,,, 0.h 0.+.i. �a :r S �a:. scl 6. £ fr �,., ��.: .�_ £c:_0. Sal ErI, a,. � .�6.,r. F.. �. 0.,r S�°.' Syr 6e Yf Y ” to a 4 . L S i °, l r .1 4.. r .3 4.. e g .4,ry j L e - 1ur a. 4�,�.,. a C t, U' D,,,`.�, S sc. « ` -f. "a s <,. I a. 4� k € ` -Q . €4� -' a ,3 -I a. 4� €s &: -. t,. C �.` =:sc. r vl� {' � "_a '� s � � r `��,.rA to t `� `..�E.� `� �kr� Y� o 'v`�: a �,..S < u. {s a:�� a� �.a 6 i «s__a. �Y r « a'. -Q ] r 1 £'c e be { �,.,��I dca. �.�0.+ £ a a. �.� t { lc . �.� 0.,r �.� °fir S I, r... r)�.� �., i c ErSc . � S. �{,:. tt c £I 6,rdcb L. . I I L : r }1 €1� 4 f L a�� t I �_Q £ G U" E .. ., _. _. 1" �. 't ,J 7, a.� +,aL �} - t 4.i. f t }1 .be L a _ 4 £ €.Q ,. A I I E. F:. �. �, cy �,,. its a F. L``� �. r. £ < fy h i.. `a E,. 1 [. 1 ,. r. G �? js'5 t `Y a £ G ca a. = a 6 v <� 1 — fl — — — File 2016 -046 Page 4 of 33 %F II c �d. 4 �,., S ) ) \� �� s s£ ) Y t )S F '- \ `��__c 4_.0 fL. �,., V lc. 0.h. U se l L�.� � ) '15 a _6 ,. sSn" Y E, U tr cR�. , ��:' 0. }.� c £c £Sc „ 0. � fr €�.� v s � fF 6 {S. `ate€ €gyp �C. � Q I{ C 0., �. �u_��,, IIII b.. 4 ,. ,. S jQ � ��, ( }b t„y'` H teV� t I E Ij t,a �.}�.�t� ( f.�, �.i � �t %E '�, +„a c�4 �.}E +,% � y � .�., �, ?4 4 �, 6,E4 � K. i� � g �4: s� S e [.ffi €I C IIII tt y tt Y f I U `�� s s t Y t s{ fF ` 0.,r 4:�t ., 4.6.. 4 �.�� lyt cf3 (, .��£ ��0.h ScI� ,��.._, � 0.,r.S � . E a_. S'c r`� 6.,�. �, .,��. S6 � �c £�. IV. ANALYSIS OF PROPOSED COMPREHENSIVE PLAN AMENDMENT Pursuant to Policy 101.5.29 of the adopted 2030 Comprehensive Plan, residential properties developed with lawfully established dwelling units may redevelop the property at the same density, with the same type of dwelling units, even if it exceeds the density standards of the property's Future Land Use Map category. The Applicant is proposing an amendment to this policy in order to allow properties with lawfully established transient units to redevelop the property with permanent, affordable housing dwelling units at the density of the former transient use, even if it exceeds the density standards for affordable housing within the property's FLUM category. In short, the amendment would provide additional density to develop affordable housing, above the existing affordable housing density bonuses. The Applicant's proposed amendment states that a development agreement would be required for such replacements. The Applicant argues that the proposed text amendment will offer opportunities to develop affordable housing at higher densities than the maximum net densities currently allowed within each FLUM category, on sites that are already developed, and thereby incentivize additional development of affordable dwelling units. File 2016 -046 Page 5 of 33 While this concept will provide another option to potentially incentivize the development of affordable housing, it should be noted that it conflicts with the County's current policies and regulations which require a site that is proposing a change of use (i.e., transient vs affordable housing) to develop the site in conformance with all adopted standards and regulations (i.e., it may not retain nonconforming density, setbacks, open space, parking, etc.). The proposed text amendment would allow the retention of nonconforming density for a change of use to affordable housing. Staff notes that the proposed amendment would be internally inconsistent with Policy 101.8.2, which requires a property to come into full compliance with all regulations of the Comprehensive Plan and Land Development Code, including density, when a change of use is proposed. Policy 101.8.2 Monroe County shall prohibit a nonconforming use to be changed to any other use unless the new use conforms to all applicable provisions of the Future Land Use category and zoning district in which it is located. Additionally, Policies 101.3.5, 101.5.5, and 101.8.7 regulate transient ROGO allocations and nonconforming transient uses in certain FLUM categories. The proposed amendment would allow nonconforming transient density to be used in a way that goes beyond what is allowed by these policies. Policy 101.3.5 Due to the limited number of allocations and the State's requirement that the County maintain a maximum hurricane evacuation clearance time of 24 hours, Monroe County shall prohibit new transient residential allocations for hotel or motel rooms, campground spaces, or spaces for parking a recreational vehicle or travel trailer until May 2022. Lawfully established transient units shall be entitled to one unit for each type of unit in existence before January 4, 1996 for use as a ROGO exemption. Policy 101.5.5 Monroe County shall maintain Land Development Regulations which allow nonconforming nonresidential and transient uses in the RC, PL, PM and RH future land use categories that lawfully existed on such lands on January 4, 1996 to develop, redevelop, reestablish and /or substantially improve provided that the use is limited in density, intensity, floor area, and to the type of use that existed on January 4, 1996. Policy 101.8.7 Monroe County shall maintain Land Development Regulations which allow nonconforming nonresidential and transient uses in the RC, PL, PM and RH future land use categories that lawfully existed on such lands on January 4, 1996 to develop, redevelop, reestablish and /or substantially improve provided that the use is limited in density /intensity, floor area, and to the type of use that existed on January 4, 1996. Additionally, while staff understands the applicant's primary purpose of the proposed amendments is to incentivize the provision of affordable housing, and that a secondary effect of the proposed File 2016 -046 Page 6 of 33 amendments will be to incentivize the redevelopment of aging hotel/motel infrastructure, as noted in the submitted data and analysis, the EAR points out that of the hotel rooms within unincorporated Monroe County, 54 percent are within structures older than 40 years, which is considered the useful life of buildings and structures from a building use and architectural perspective. As such, the County must evaluate the amendment to balance and protect the public health, safety, and welfare of the citizens of the Florida Keys, particularly those citizens qualifying for affordable housing. Staff is making recommendations to the proposed amendment to ensure that the "incentivized" affordable housing is not encouraging locating affordable housing in risky locations or within structures that are unsafe. Staff is only supportive of the proposed amendment with the continued protection of the public health, safety, and welfare of the citizens of the Florida Keys. Existing Hotel/Motel Properties In order to try to understand the potential outcomes of the proposed amendment, staff tried to identify existing hotel /motel properties that are designated as Tier III which could utilize this proposed amendment. The attached maps (see Exhibit 1) were developed using Property Appraiser data and records from the Florida Department of Business and Professional Regulation. Lower Keys: 5 hotels; 143 rooms Middle Keys: 5 hotels; 221 rooms Upper Keys: 28 hotels; 1,188 rooms UNINCORPORATED COUNTY TOTAL: 38 hotels; 1,552 rooms This data and the attached maps are for information purposes only. This does not recognize transient development nor imply the rooms /units are lawfully established. Each property would need to he reviewed individually for a lawful determination. As shown on page one of the attached maps (Exhibit 1), the example property, former Caribbean Village Resort, is currently identified by the Property Appraiser as PC code 10 - VACANT COMMERCIAL, rather than PC code 39 - HOTELS, MOTELS. It is unclear how many other properties may have had hotel /motel units in the past and would fall under this scenario. The Planning Commission has recommended a timeframe in which a property owner may apply to utilize the proposed amendment (see PC recommendations on pages 21 -23 of this staff report). It is important to note that the County cannot project the number of properties with nonconforming lawfully established transient units /density which would want to utilize the proposed change to redevelop the lawfully established transient units /density with permanent affordable housing dwelling units at the same density. It is unknown the costs associated with bringing aging hotel /motel structures into compliance for use as affordable housing. Further, it is unknown if the costs of upgrading and converting aging hotel /motel structures would act as a disincentive to utilizing the proposed amendment. File 2016 -046 Page 7 of 33 Staff is supportive of the proposed requirement of a development agreement. The replacement of transient (hotel /motel) units with affordable housing units is a new concept in the County, and the development agreement process would allow for public input and full evaluation of whether a specific site is appropriate for such redevelopment through noticing, public hearings, and a decision by the BOCC. Staff is supportive of the following eligibility criteria for the potential redevelopment sites as agreed and currently proposed by the Applicant: The above criteria are consistent with the criteria used to direct TDRs and TREs to the least sensitive areas of the County and will ensure that affordable housing built under the proposed policy are located in appropriate areas of the County and meet minimum livability standards and eliminate the potential creation of substandard housing conditions within the aging hotel /motel structures. Policy 101. 6.8 Monroe County shall maintain a Transfer of ROGO Exemption (TRE) program, that allows for the transfer off -site of dwelling units, hotel rooms, campground /recreational vehicle spaces and /or mobile homes to another site in the same ROGO subarea, provided that they are lawfully existing and can be accounted for in the County's hurricane evacuation model. Dwelling units may be transferred as follows: File 2016 -046 Page 8 of 33 a. between sites in the Upper Keys ROGO subarea; b. between sites in the Lower Keys ROGO subarea; C. between sites in the Big Pine Key and No Name Key ROGO subarea; i. units from the Big Pine Key and No Name Key ROGO subarea may also be transferred to the Lower Keys ROGO subarea. No sender units may be transferred to an area where there are inadequate facilities and services. Sender Site Criteria: 1. Contains a documented lawfully- established sender unit recognized by the County; and 2. Located in a Tier I, II, III -A, or III designated area; including any tier within the County's Military Installation Area of Impact (MIAI) Overlay. Receiver Site Criteria: 1. The Future Land Use category and Land Use (Zoning) District must allow the requested use; 2. Must meet the adopted density standards; 3. Includes all infrastructure (potable water, adequate wastewater treatment and disposal wastewater meeting adopted LOS, paved roads, etc.); 4. Located within a Tier III designated area; and S. Structures are not located in a velocity (V) zone or within a CBRS unit. Policy 101.13.3 Transfer of Development Rights program sender and receiver sites are subject to the following transfer conditions: Sender Site Criteria: 1. Property has development rights to transfer, and 2. Located in a Tier I, II, III -A, or III designated area; including any tier within the County's Military Installation Area of Impact (MIAI) Overlay. Receiver Site Criteria: 1. The Future Land Use category and Land Use (Zoning) District must allow the requested use; • Liveable CommuniKeys Community Centers shall be encouraged as receiving areas for transfer of development rights. 2. Must have an adopted maximum net density standards; 3. Includes all infrastructure (potable water, adequate wastewater treatment and disposal wastewater meeting adopted LOS, paved roads, etc.) 4. Located within a Tier III designated area; and S. Is not located within a designated CBRS unit. Criterion "g." is consistent with minimum size requirements for inclusionary housing units under Section 130- 161(b)(5)c.6. of the Land Development Code: File 2016 -046 Page 9 of 33 Each affordable unit provided pursuant to this policy shall contain a minimum of 400 square feet of habitable floor area and the average enclosed habitable floor area of all units so provided shall be at least 700 square feet. Criterion "h." is consistent with the life safety inspection requirements as those for the mobile home transfer incentive program per Section 130- 161.1(2)(c)(i)(2): Prior to approval of a development agreement, all units to be maintained on site shall pass a life safety inspection conducted in a manner prescribed by the Monroe County Building Department. Criterion "i." is consistent with the hurricane standard and habitability standard requirements as those for the mobile home transfer incentive program per Section 130- 161.1(2)(c)(i)(6): All units designated by the applicable development agreement to remain as deed restricted affordable housing... shall comply with hurricane standards established by the Florida Building Code and habitability standards established under the Florida Landlord and Tenant Act. Compliance shall be accomplished in a manner and within a timeframe set forth in the development agreement or, if applicable, in the relevant minor conditional use. Staff recommended the following changes to the remaining proposed criteria at the DRC meeting on June 28, 2016 (staff recommendations are shown with deletions in purple with a ��° ,'� and additions in purple with a double underline) Ic nf, I t [ [I r. ` . `.o .. ........, i s...?.° ...j'... ?.`j ' [ .....`..`o...', the ronosed type of j c3 0 i "i h C I o."'I ��I : ��.� � � � �:.� .1. ,.�..., U[ .....: Staff recommends this change in order to clarify that any proposed development on the site must be a permitted use within the site's FLUM and Zoning districts. For example, if employee housing is the only type of residential use permitted within the property's FLUM and /or Zoning district, the affordable housing units developed to replace transient unit density under this policy must meet the definition of employee housing. �, �. .'`....,. ;�,._<< �a ,.. �.<<_.s�< U U.,. �. m � �,. =U� �.. develot�ment of affordable housing units devel to replace transient unit density under this policy �� . �� as re aired b Policies 101.1.3 lOL1.4 101.1.5 and 101.1.6; Staff s recommendation at the time of DRC was to include as a criterion, "the property shall have all infrastructure in place (potable water, adequate wastewater treatment and disposal wastewater meeting adopted LOS, paved roads, etc.)," which is consistent with the receiver site criteria for TDRs and TREs. As defined in the Comprehensive Plan, Infrastructure means those man -made structures which service the common needs of the population, such as: sewage File 2016 -046 Page 10 of 33 disposal systems; potable water systems and wells; solid waste disposal sites or retention areas; stormwater systems; utilities; piers; docks; wharves; breakwaters; bulkheads; seawalls; bulwarks; revetments; causeways; marinas; navigation channels; bridges; and roadways. The Applicant has proposed that the site meet LOS for potable water, wastewater and stormwater only. Staff recommends clarifying that proposed development of permanent affordable dwelling units on the site must meet all LOS standards as required by the policies under Objective 101.1 of the Comprehensive Plan. =�z � �� i= C I o I I � I Is I not e located in ......... ........ ......... ......... �........ ......... .o U.. Staff's recommendation at the time of DRC was to include as a criterion, "the proposed affordable housing dwelling units shall not be located in a velocity (V) zone." The Applicant is proposing that affordable housing dwelling units only be discouraged within a velocity (V) zone. Additionally, the Applicant's corresponding proposed amendment to the LDC proposes a criterion that would allow a certain portion of the affordable replacement units to be within a V- zone: "notwithstanding Section 138- 24(c)(3), in instances where transient units and structures in which they were located are lawfully established within a velocity (V) zone, they may be replaced in accordance with this section, subject to a minimum 30% reduction in gross number of units within the velocity (V) zone from that which was lawfully established." Current County policy has been adopted to protect people and property. Goal 101 of the Comprehensive Plan states that "Monroe County shall manage future growth to enhance the quality of life, ensure the safety of County residents and visitors, and protect valuable natural resources." In addition, Comprehensive Plan amendments must be consistent with the Principles for Guiding Development [ §380.0552(7), F. S.] which include, "protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining the Florida Keys as a unique Florida resource." Current County policy does not allow the award of Affordable ROGO allocations within the V- zone (LDC Section 138- 24(c)(4)) in order to reduce vulnerability of the built environment to flood risk. If the County knows low lying land will flood from time to time, it should make reasonable decisions to help protect families, homes, and businesses — in particular, for those qualifying for affordable housing, who may have the least amount of resources available to cover the increasing costs of insurance and /or to recover from a flooding event. This proposal is counter to Goal 601 "...to facilitate access by residents to adequate and affordable housing that is safe, decent, and structurally sound...," as the proposed amendment would encourage locating affordable housing in potentially riskier locations, within aging hotel /motel structures, which may require extensive costs to upgrade and safeguard the structures. Again, as noted in the submitted data and analysis, the EAR points out that of the hotel rooms within unincorporated Monroe County, 54 percent are within structures older than 40 years, which is considered the useful life of buildings and structures from a building use and architectural perspective. As such, the County must evaluate the amendment to balance and protect the public health, safety, and welfare of the citizens of the Florida Keys, particularly those citizens qualifying for affordable housing. File 2016 -046 Page 11 of 33 If the County knows that the proposal could place lower- income citizens in risky locations and in structures that are more likely to be subject to waves and floods (pronounced storm surge) and cause damage, it makes sense to take reasonable protective steps to continue to direct redevelop to other areas (not in a v -zone) and take steps to protect the public health, safety, and welfare of the citizens of the Florida Keys. Recommended policy changes should avoid increased threats to human life or cause increased losses due to flooding as well as increased claims made under flood insurance policies. Although Affordable ROGO allocations are not awarded by the competitive point system (affordable ROGOs are awarded on a first come /first serve basis), Objective 101.6 states that the point system's purpose is to direct future growth "away from inappropriate locations not suitable for development," and specifically includes v -zones as a location not suitable for development. Objective 101.6 Monroe County shall maintain and implement a Point System based primarily on the Tier system of land classification in accordance with Goal 105, which directs future growth in order to: 1. maintain and enhance the character of the community [ §163.3177(6)(a)2.c.,F.S.J; 2. protect natural resources [ §163.3177(6)(a)3.f.,F.S.J; 3. encourage a compactpattern of development [ §163.3177(6)(a)2.h.,F.S.J; 4. encourage the development of affordable housing; 5. direct future growth to appropriate infill areas and away from inappropriate locations not suitable for development such as environmentally sensitive areas, Coastal Barrier Resource System (CBRS) Units, and V- zones; and 6. encourage development in areas served by central wastewater treatment systems. Per Policy 101.6.2 and 101.6.3, the non -tier point categories of the point system, which include negative points for development within a v -zone, are available "to encourage development to the most appropriate locations and discourage development from inappropriate locations." Again, although Affordable ROGO allocations are not awarded by the competitive point system, the point system reflects that v -zones are areas that are inappropriate for development. Policy 101.6.2 In order to encourage a compact form of residential growth that results in infill development in platted, improved subdivisions, the Point System shall he primarily based on the Tier system of land classification as set forth under Goal 105. To discourage and limit further growth in Tier I designated areas, the annual maximum number of residential permit allocations that may he awarded in Tier I shall he no more than three (3) each in the Upper and Lower ROGO subareas. Other criteria and corresponding points are allocated to encourage development to the most appropriate locations and discourage development from inappropriate locations. * * * Policy 101. 6.3 In order to encourage a compact form of nonresidential growth, the Point System shall he primarily based on the Tier system of land classification as set forth under Goal 105. To discourage and limit further growth in Tier I designated areas, the Permit Allocation File 2016 -046 Page 12 of 33 System shall limit and direct new nonresidential development primarily to areas designated as Tier III under Goal 105, not areas designated as a Special Protection Area (Tier III -A) and provide incentives for redevelopment of existing developed and vacant infill sites. Other criteria and corresponding points are available to encourage development to the most appropriate locations and discourage development from inappropriate locations. (See Policy 101.4.1.) Policy 101.3.3 states that affordable housing eligible for Affordable ROGO allocations shall meet the criteria specified in the Land Development Code. The Policy was not written with the intent to include all specific criteria for Affordable ROGO allocation awards. Policy 101.3.3 Monroe County shall allocate at least 20% of the annual allocation, or as may be established by the State of Florida, pursuant to Administration Commission Rules, to affordable housing units as part of ROGO. Any portion of the allocations not used for affordable housing shall be retained and be made available for affordable housing from ROGO year to ROGO year. Affordable housing eligible for this separate allocation shall meet the criteria specified in Policy 601.1.4 and the Land Development Code, but shall not be subject to the competitive Residential Permit Allocation and Point System in Policy 101.6.4. Any parcel proposed for affordable housing shall not be located within an area designated as Tier I as set forth under Goal 105 or within a Tier III -A Special Protection Area as set forth in Policy 205.1.1. The Comprehensive Plan is consistent in trying to limit development in the v -zone through the assignment of negative 6 points in ROGO for market rate development in a v -zone (Policy 101.6.4(7.), prohibiting the transfer of ROGO exemptions to v -zones (101.6.8), prioritizing land acquisition in v -zones for the purpose of encouraging growth away from more vulnerable areas (102.4.2), prohibiting the development of affordable housing in v -zones when County funding or County land is used (Policy 601.1.5), and prohibiting the Land Authority from acquiring land in v -zones for the purposes of affordable housing (Policy 601.1.11). [As a note, through the Comprehensive Plan update, the BOCC increased the negative points assigned in the ROGO system from -4 to -6 for development proposed in a v -zone to further disincentivize locating residential structures within the coastal high flood hazard area.] File 2016 -046 Page 13 of 33 The Technical Document also confirms that the Comprehensive Plan intends to discourage development in flood prone areas. One means of discouraging development within v-zones in general is restriction of the award of our Affordable ROGO allocations to land outside of v- zones. 3-22-1-2 Efarts of Future Land lf Q A ii C'o� stal FloodUuig[Rule 91- 2(2)(j RA, C] Most of the kind area in the Florida Keys is 2 to 3 feet above high tide. The niaximurn elevations of 18 feet are found in only rivo locations [see Section 3.7 (Floodplains)). In Addition, a large percentage of the County is located within the Coastal High Hazard Area (CHHA, defined as the evacuation zone for at Category I hurricane, see Section 3,23.2 (Coastal High Hazard Area),. As a resulty the Keys are susceptible to storm flooding. It is likely that future development will take place within the designated floodplain and tile CHHA. The current ROGO/NROGO and the Tier Overlay Ordinance as well as the LDRS discourage developtnent in flood prone areas, particularly the CHHA. In addition, several Comprehensive Plan Goals and Policies specifically protect those areas that have flood water storage and attenuation features (niangroves, salt ponds, saltmarsh and buttonwood wetlands, and freshwater wetlands). The policy document also seeks to restore native vegetation within the floodplains. The current LDRs discourage new development within the coastal floodplains, through the ROGO/NROGO ordinance by assigning -4 points for an application that proposes developtuent within .4 "V" zone on the FEMA flood Insurance rate inaix The L sped(y flood protection measures, floc dplain encroachment standards, and pernift requirernents (Chapter 122 (Floodplain Managenientil. As the coastal area develops, it is anticipated that there is a, do-sire to develop or re-develop in areas known as "working waterfronts "" (see Section 3.20.2.2 (Working Waterfronts)). The Working Waterfronts Preservation Master Plan included the Monroe County Marina Siting Plan, which identified specific criteria for new or expanding niarinas. The Plan identified areas with adequate water depth and good flushing (requiring no new dredging) acrd do not have substantial concerns with listed species acrd other marine resources. The need, to prorett, maintain. or expand working waterfronts and code requirements as well as permitting requirements of State And foderal agencies will be at balance of ftiture developnient in the transition area between marine and terrestrial resources, File 2016-046 Page 14 of 33 The Technical Document also cites the County's Post - Disaster Redevelopment Plan, which addresses issues related to long -term post- disaster redevelopment including the following (Technical Document 3.23.4.5): Monroe Cou!! • Identification of particularly uvuriner°ab e areas .vithin the CHHA (e.g., FEMA- designated zones and repetitive loss ar °ea , Measures should be implemented for such areas eas which enr orurage the relocation or replacement, of infrastructure away from them and linnt redeveloPinent following occurrence of a hurricane; any • Procedures for the advance identification of redevelopment en areas e,ga any areas . id- rutifred as being in need of redev lopment pursuant to the Florida Conunuinty, e lovelo rrarent Art Chapter 163, tart iii) and implementation of redevelopment plans for suuclr areas upon damage or loss duce to a natural disaster. The Technical Document also points out that the Comprehensive Plan applies negative ROGO points to v -zones as a means of directing growth away from areas particularly susceptible to damage from flooding: Per the Federal Emergency Management Agency (FEMA), VE Zones are also known as coastal high hazard areas, and are subject to high velocity water: File 2016 -046 Page 15 of 33 The Florida Division of Emergency Management confirms that the Coastal High Hazard Area (Zone V) is subject to high velocity wave action with waves greater than or equal to three feet: I 04 -Yaao k 11 I'll, I Sea Levi -- I hovel ne Srsrid Deno LNv&v n erd ihetc I Lkmjj of fl odrrn and l oves The Coastal High Hazard Area (Zone ) is the dpe rao Flood Hozwd Area dfrod extends, From offshore to the inland liraall of a primary frontal done alone an open coasi and any olfrer area subieoa Io fat ft volocity wave aoiora The area ns designated on the FlRM as Zone VE The terasa Coastal A Zama refors Io the portion of the f 1` A la nd oard of the Zone V oa , landward of o sfaorelarre tfnrat does riot have a rna Fred Zone V Tlse, far papal sources of flooding are rassooa4oted w oh a0ronornwal aade:s oo surges, seOws or Asp namr sx Coaoslol' 'A Zorre may be subject to wove effects, velocity flows , erosi on, scour or codnbnnattons of thesq fofces, The Applicant has submitted documentation from the American Society of Civil Engineers (ASCE) and FEMA describing construction techniques that reduce potential risk for buildings within v- zones, and code /insurance requirements for buildings constructed within v- zones, presumably to illustrate that it is possible to build within the v -zone and there is no outright prohibition against constructing residential units with v -zone areas. However, staff maintains that awarding affordable ROGO allocations to properties within the v -zone is not consistent with the Comprehensive Plan's goal of directing development to the most appropriate areas, and does not enhance the quality of life or ensure the safety of County residents for some of our most financially vulnerable citizens. _ (as permitted by the property's FLU and Zoning designations) and accessory uses thereto shall be the only uses permitted on Staff agrees with the Applicant's presumed intent for this criterion, but suggests the proposed changes in order to be consistent with the typical language and definitions within the Comprehensive Plan and Land Development Code. Were tleighra et 5 hr a a a a a a a File 2016 -046 Page 16 of 33 V. RECOMMENDED CHANGES TO PROPOSED AMENDMENT During /following the June 28, 2016 DRC meeting, staff recommended the following changes to the proposed amendment to Policy 101.5.29 (staff recommendations are shown with deletions in purple with a and additions in purple with a double underline) STAFF RECOMMENDATION (6/28/2016 DRC meeting): Policy 101.5.29 Notwithstanding the density limitations set forth in Policy 101.5.25, land upon which a lawfully established residential p ei ent = dwelling unit exists shall be entitled to a density of one �� r dwelling unit per each recognized lawfully established rp r 1 a m unit. Such lawfully established dwelling unit(s) shall not be considered as nonconforming as to the density provisions of Policy 101.5.25 and the Monroe County Code. Lawfully established transient units shall be entitled to one unit for each tune of unit in existence before January 4, 1996 for use as a RO O exemption. I�,. �tY`s` � �, �.�y/ fr ., 3 .�.k� .",' ft '�. 3 ' ., Gr�'.. �, . Y G x'09 f'G�d by 3 . 1 �_(ti l i tty s a 4 ' e � i -��.i 3 d s t o F on yx a_�� _ . s -a_ `�6 � 6tr �� (� as A \ J r, Y 1 IY4 t 61 ' �` t f. hotel motel pp ,. Q �, F ` 61 -' d ; 9l 'i i 4J � ; R i M . tp pp 1 , 6 - of 6 1 ` a t 311 e r a c � t' � -��Y `� S d ; . Y \ t h a tl- - d W h f u ', g. 6 Q �y '._ t an rr Y Y,:._ -_- 6 t d. .._ ,r , �, p, 4 tt Co J f+ @ rr%r f+ rr a .; P pp 6t;�V �v €� ` � -_saf 6, ao, l � pp t� Y�- l t 1 �� -'�� ';_ �V -y P p p ';_ � �� ,� l�``�� - - p�f / - -�; Ifti � �� p 4��i` �a+_ ` � � �� r..� � 1 , [ t a. -- - S ec—c — - _e a. rd Vfr, ay paE G.,d at ft Notwithstandina Policy 101.8.2, and t r fillnder fl ,I 1 ,s -; _ `LI $4 o di " 1 .�'e l (o u, ,, x u hotel motel x a tx � a is of and uses t w 9 t - ao ! k ° I 4 v �; ll O ll6 3 a f, !1 �� 1 1 " N ." t C be - G. , [ t a. -- - S ec—c — - _e a. rd Vfr, ay paE G.,d at ft s a G E s P P� I X.:� 9 -s YP � [ iss r �; iss is'Y o y dd 0 fS a X ,'3 l t _ a a s k..i - a - ., L a e a E t a - H P a+ F a d !s l P.o r x a' E a v e_ is s t s is u - ' �. a t aI X.. t ..; a' E 4 f.__ a ; is s `' X �.._ t s ..� X s �. I� t t „3� a�-" !. 3 r. [.,o - a .y_ . z_._._ - Y za. t a b__ ° I ` `�� 6� -. J �S6 C and a.J �S6 € t 7' �� .. t 3 �� ,P Q z. ?� fir' e ra ased t e of n:a °� * 1 � v a �_ develanment of affordable hausin units e- S ti 5 \ e-�. �. A, .� a � 6,� � `� a._s a. �../6tr a._ s _ a. ,P ��:, � 6 �._ � a. E. Gtr a, develo ed to re Lace transient unit density under this alicv s h a l b L a� u op x 1 0.`I as required by Policies 101.1.3 101.1.4 101.1.5 and 101.1.6; :,. ft ro e - ` h a _ 4 `�6 l " @e a. 4 d v' � T z. 6 - rf s a. �4 <I a. G n. oq o i a ; f p v t a' v axis, U :l — is, � a' a not e scats 2n ft -I a C ppIIII p p }( p� fr„ � t ! 1 a' # 6` t V 6 t GEl X l p 6t a t_.X ttp at X 1,10?l u, =." t, i A o dable ( as permitted by the property's FLUM and Zoning designations) and accessory uses thereto shall be the only uses ermined on ¢ t ("V a " i 3 k a, Q "i's Dol sh C , ; ; s In = s u V P p, < s u ao File 2016 -046 Page 17 of 33 Based on discussion and public input at the public hearing held by the Planning Commission on September 28, 2016, the Planning Commission suggested the following revisions to the proposed amendment, to be brought back for a second /continued public hearing on October 26, 2016 (Planning Commission suggested deletions are shown with a and additions with a double and -rljr- ) : PC discussed: • Do we want to approve extra/nonconforming density (main question)/ do hotels need incentives to redevelop ?; • Requiring mitigation for the extra density; • Where will this occur /how to understand potential impacts /unknown density increases; • Ability to review site specific requests /should be property specific; • Traffic concurrency; • Requiring a Major Conditional Use Permit; • Using a Major Conditional Use Permit to address the percentage of nonconforming density that could be retained (location /community character specific); • Allowing affordable housing in a V zone; • Allowing reuse of existing structures that are nearing their useful life for affordable housing vs. requiring new construction; • Adding a timeframe for affordable housing completion; • Include the workforce housing definition instead of the term affordable housing; • Include levels of affordability — minimum percentage or requirements of income categories; and • Should variances be allowed, if retaining nonconforming density. PC directed amending text to include: • Requiring a Major Conditional Use Permit; File 2016 -046 Page 18 of 33 Adding "up to" the same density [not automatically receiving all nonconforming density]; Adding "Any affordable unit provided pursuant to this policy located within a velocity (V) zone shall meet current building code and floodplain requirements. "; and Adding "The major conditional use permit shall determine the proportion of affordable units to be built in each affordable housing income category as defined in Section 101 -1 of the Land Development Code." STAFF and PLANNING COMMISSION RECOMMENDATION (following 9/28/2016 PC hearin Policy 101.5.29 Notwithstanding the density limitations set forth in Policy 101.5.25, land upon which a lawfully established residential 17 rtrt dwelling unit exists shall be entitled to a density of one rt n_ 17 o �� rtrtrt dwelling unit per each recognized lawfully established , ,- _ i unit. Such lawfully established dwelling unit(s) shall not be considered as nonconforming as to the density provisions of Policy 101.5.25 and the Monroe County Code. Lawfully established transient units shall be entitled to one unit for each type of unit in existence before January 4, 1996 for use as a ROGO exemption. a%%; Rffl a' cst alf 's r, €..f tra t ,'F - - t t1 ,t,s r f �', [n 4 d it '•-i� t . I tbEl iw, .,Uti 1 t p4 q ff \ \ s t w. ' 3 LbX r, t S P P ?� C t 1 t IF t I E % T 1El est ti ( i Il t t _ 1,. q4 yy i t( f £ E 6d t h e . . t\ f S f / f g t _ ,._ .. w 9,.E, W. t ., r \ ff t . . ` ` y t\ f f r�� }, pp : . . . k . . f € ?��. ,€ �l. E. .. ttl f .y Jil E & F . €"i. . . (. . �E" � . . <.. , ..y q !o-. f f j 3 kit -'. HS . €"i. � . . €"i. . . L, S . . . . .. y I t. _F. t3 Y_:t 3 ... .... E � 't y r -,. €t I - ._ t .... ......... a- y p E €' Y .<... ......... t €. 't r - ;.t t 3 II .: f - - E I €t t _� .......... ..... 1I t t...t<. !� F ._ t _ C�. I i�. a i_ €,.,t ............ f Natwithstandin the �. €� t, € € t�. Policy 101.x.2, and t�< <; � sz �_ 1, - �.�t,= ..,Iw.� ,: E ° € f t I S 1 V the tra - ' Iswill , € t E 1 'I I r,s of hotel and motel uses € l l t I I ` T} �' l €F € 4Y P E k } E }fit- f i, U � to _" 'lt ...... h ... . ....... „ dy . ......... 11 ip( .... y ..... .. y ..... py p .........., ........w... ... 1p ......... r �, ....... r ... y .........,.. i s t py i p .,..... r .. ( . � ..........:. € t I- �. -. t t. a 3 1 1 t. f Y l 11 t b E t : t % dg i E Y. f. a i E �._ I t U I i t t .. t I K i t � � t i t i� i ia E ,_ Y€ t (� k t I Y tl f ,r ........ ......... ........_ ...... <.. f €Rr1R ��l`'t l (I =[` uE l ....... }r €4 [ t 7�tP l` R ` H[ , (I €f [ T) a ` (J� [ !,' ...... ... ...... ......... ........ ..................................... -.. � .......... t he I ir.,� Y _'. Use CII fl I -I(, _., d a id �� e a� � t � �.r.�� E _. as all.. % the �ro�osed g type of i t t �f € f I ...� l l ` .i f � .�.�..Q O,` � l E ` r1 ` r1 I i t � E I s Ee,-` i J�... etJ�f ...l ?...` E t a...E of l ? ..� .?. _ develaament of affordable housing units developed to replace transient unit density under this policy tv...t < ft € f rt �� L OS as required b Policies 101.1.3 101.1.4 1 1.5 and 101.1 .6 B�� G 13 , €f %. I t l t1�� ..... .......................... t1{ 4€ Flt a, rsuant to this oikI docated within a velocity. d�lain re W r€ nients,. a� } � ) l .[ . SR .8�. l }j if, } .Bl�R �� .��..� �Ert�� r r1{��11 �..�.F� � (........ ffi. i'.. � „l at -as permitted by the property's FLLTM and Zoning desi and accessory uses thereto shall be the oli uses permitted on File 2016 -046 Page 19 of 33 E E. �.. :. ......... t Y -I -kiE 1 i___t I €"'�_Y €t :`. r a ll' ........< ......... .......... .....:... ....... <.. �_YS (.` �j _ �(�l._l tt.E i E '._ l 3l:_ H kl ! ..... - S . <..�a. f f 1 rl II [ Ql [lad (t [` f [ '- 1rP s ` ("11 .. .. ... i` 1 1 1__ if ` Y 11 11 ° au Co ll all �€ 1:? _._. _._._. _._.. _t gg q y ¢ � f .a t, =,SE+.E ! € „ l Y ,t .[k, 1 �, t1pl .l.x�i.6 (.F sFf Y € „,t v.' - �.,,t (.F . ...d Exi� _ t th f z. r S"hal ¢mss .A �(.F pr _ y t { t l yG r iv k.�r...ca ia. s au�.,tuEr$�..,t�s Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . Based on discussion and public input at the public hearings held by the Planning Commission on September 28 and October 26, 2016, the Planning Commission is recommending approval of the proposed amendment with the following revisions (Planning Commission recommendations are shown in red: additions with a double underline and deletions with a those suggestions made by the PC at the October 26 hearing are also highlighted in v doll ): PC discussed and directed: The property owner should not necessarily be entitled to replace the full density of the transient use with affordable housing; the number of affordable housing units to be developed should be determined by the development agreement and /or conditional use process based on what is appropriate for the specific site; second paragraph: change "Lawfully established transient units recognized by the County shall he entitled to a density of one transient dwelling unit...” to "Lawfully established transient units recognized by the County may receive a density of up to one transient dwelling unit...”; Placement of affordable units with in a V -zone should not be prohibited, but add a requirement so that an increased flood insurance burden is not placed on those living in affordable units: units located within a velocity (V) zone shall only be rental units and shall be elevated above base flood elevation to meet floodplain requirements; Regarding life safety inspections: change "Prior to approval of a development agreement..." to "Prior to approval of a certificate of occupancy...;" to allow for work being done to upgrade /improve existing buildings as part of the overall project; File 2016 -046 Page 20 of 33 • Regarding hurricane and habitability standards: change compliance timeframe to "prior to occupancy;" to allow for work being done to upgrade /improve existing buildings as part of the overall project; • All affordable units developed under this policy should be required to be "employee housing," and potentially be revised to "workforce housing" after adoption of a definition for workforce housing into the Comprehensive Plan / LDC as directed by the BOCC to be consistent with the recommendations of the AHAC; Change all references to "affordable" housing units to "employee" housing units, as appropriate; • Staff to develop language to add a requirement that any existing structures maintained on the site must be brought into compliance with all building codes even if renovations do not constitute a substantial improvement; • Add a requirement that all units under this policy must be rental units; • Add a clause that notwithstanding Section 138- 24(c)(3) of the LDC, affordable units developed under this policy to replace transient units lawfully established within a v -zone may receive an affordable ROGO allocation provided they meet all other requirements of the policy and are used as rental units only; • Add a new bullet stating: "Transient ROGOs shall not be transferred off property prior to the approval of the development agreement;" and • Add a new bullet stating: "Any proposed project shall demonstrate that the proposed density is consistent with the community character and address the demonstrated need within the ROGO subarea." STAFF and PLANNING COMMISSION RECOMMENDATION (following 10/26/2016 PC hearin Policy 101.5.29 Notwithstanding the density limitations set forth in Policy 101.5.25, land upon which a lawfully established residential �1,,dwelling unit exists shall be entitled to a density of one fl rI, dwelling unit per each recognized lawfully established unit. Such lawfully established dwelling unit(s) shall not be considered nonconforming as to the density provisions of Policy 101.5.25 and the Monroe County Code. Lawfully established transient units shall be entitled to one unit for each ty e of unit in existence before January 4 1996 for use as a ROGO exem tion. (..l�.�..` < [l. ishc.;.� .l ?!l.'}I.c. "[. .! €'l 1. l:`'} [ <. E,?..l.l.. <.:;:� 1x`. f ,i €.V_ € °l.F.` may E °p6 .s �� _ s � ° -� t . .... ... II I I r � � r r II � r � r � � 1 11 � < [ 1 I C < � 1 [< 1 � � c < I<[1 1< '� � � 1 11 1 I° ��r w—- � .......................................................................................................... rr�..........................°° �...............................................................,, m°... m. m. m. m. m. m. m. m. m. m. m. m. m. m. m. m. m. — m. m. m. < , >� �= l €l( Ilc �� 11 < rl`}II '1111 4 � ;2C@ "'� (�)V l ).ri, ..................... .................. .............................. .......... ............................................ v ............................... ,,... ............................... ...... .: ....... .......................,.,,.... _....................................... ............................... b �. 1`..1,.[ ,[ ,.. =la_ =la., =1_a. [s..1;1 €.1 a1 S I � 1 1`.11 rya <1`,.la101S a1 P_ 1011 1 C 11 ee 44 .�. , s ............................................................. ..............................� a,lf €,.,k. xr ✓4. G.�n %t. k. 4(10¢. €4e. ................................................................................................ ........... ..................... Notwithstanding Policy 101.8.2. and t =T (L.? 11 111�n . III""' . �'a€ > ,1 s W.11 �fl , �r f6[< Ir[< �1< X1`.1 < I�a 1<. It 1 i".ril 1 1` �1 1�,.1 �1 =111`,^ of hotel and motel uses [< ,p ��.. 1 , ° ° r[ 1' 1 11`t L ry .,1 Ills - .......�[ 1 ,?4 < I ! " }� < <1 €. €< -a ,�to 15<_: < 7� a.t € �r €. [1� t L lc t�'i ........................................................_,............................................................................................................................................. ............................ , I ................................................... ...... ,:..................... ............�.................. ............. ...................... ............................... € �11r1 ° ( t��[` 1�1 �. .11d s =1 cY[1 IJJt 1 l ":iels owl 1 � �s! 01 1rr. .... fir... .... .............................. . .... . t17 < �.t. �... ... ..e. €.... `.. ... ...1�...��. €.t. .n. ...�.. °..�.`. [ .t.nf. .�.`. ai.n a�`i.�iorco - C�ajo - ➢a� Lrse File 2016 -046 Page 21 of 33 A4- !d E vee ryc"t�-Sj' to"Jits 'I to'i' ,"r this an" , . ri, to"Ji. d 1. It . ............................... . ............ .......... ....... ........................................................................................................................ ..................... ............................................................. ............... I . .......................... h"' fo, 000,,��.rj(. crit""ria- 11 1 U fr)d 1 o; the j h . ....... s J S c � I - o A,)il U1 ".1, 1 '01 st ri. -I a ll "" ............ ................ . ................................. . . ................ . . ....................... .............................. ....... . . .................... .... . ........................ ..................................... ........ ...... ......................... ........................................................................... ro ed type of � "o1ji's "I N" t t C, m. . . . . err, Lkyve ............... b j Sh", i -III all phqcc� ........... .2 . ........... of g housing units developed to replace transient unit density under this policy --- — ------------ -" as reguired by Policies 1_0.1_1..J.� 1.0.1...J..A� 1.0.1...J....5 and ... . .... .... 'a"a [ , f, ,aj 1 "'IC" "Al ! f r, . ..........].................. 1 o", ..........(..................... I a J- ........ ... . . . . I . . . 111 . ................. -1- d, oficv shall onh - e rase- as 1'enta - 1OUs111(-) - ', - istanding SectjQ�n 1 -38-24-( - in insu nces whcrc transient imilts and the str CtL r s Notwid C 11 Which thev are located :ii 11mvfulk/ established within a vclocitv receive an, aff6rdable ROGO allocation for cindovcc hotisina within tile \7 � =Ovl k- . ..... Q.1:r). hotlsing� Imilts Inect all rcc[Ldrcments ofthi. ng odes and located �D C CLUTC bU'U c ................................................ w .................. aljn a velod, ............................................................................................. j ........... I shall be elevated above basc flood clevadon to rnect -,-at""d 'o'J thhl -1 11 \�,S ,o l �1'1 11 ME i 1�1 K 1"', SH( 11 HAIJH, 1,h, C- 3 ................ ........................... - J, S h I (as Dermitted by the DrODert and Zoning designations) .... . .... ..... .. and accessory uses thereto shall be the only uses permitted on -- m4avy ttg@ I Ok4@ rf , `01 "mUk't dlk�, - - !L� � - . . ... . --- ............ c[C 40-+� &--6k �, —�rrw � bs. to fllis �xfl' III L .......................... -------------- !1 I I ',1131 �C' ,a: 0 'J t C j 1 val of a cert'ficate of occimaj 4 ........................ .... . . -- rcv- -e- aH existin �rigd nii sit- s- 11 be brought into com liance with all building codes as if thev were new construction. and shall rmss a Iif � " Nc N . ........ ....... .... ------------------------------------ ........................................ I< this �,",)Iic v sh "all ctmr J`chl, ctyHolovee filmisina tott 1- r a ............................. . .................. ................ ............................................... �' ................................. . ........................ .............................................................. . ......... ................................ 7 . .......... — h" n "II ------- - [-,am dA am l lat , T- Svi'all bc t" Vi J, c jnr c l c r ...................................................................................... ................................. 11-11-11-11-11-11-11-ll,--"----11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-1 ........ .. t o occupanc1v=*VJ=@Wffk L �)ricm W, a [' M Lflovec hol Isi 1,jnij r�n",)voj I ................................................................................................................................................................................ ........... ............................ . .......................................... nl,%am "M aH - o 1. i "t ""a h I I D v_; o qtmm 1 to I C , , I ............................ r)c d I imo 1 "1 1,01 1 trar).st"""11 RO(D x '1 "1 M I " - `- 11- � , 11 c I ( .................................................... ................................................................................. . ......................................... -12 ....................................... . ................................................................................ --------------- i(l't �CHAHICt' 1 'Il�ll zi (DW [IQt it l ll elc i71` File 2016-046 Page 22 of 33 . ............... ...................................................................................................................................................... .............................................................................................................................................................................................. ........................... ....,............. ,.............................. is T f 1 4� ` 11, :- The niajor con d1li o a us 1)c �YnIt shall do t� t°mJn, the fl��fao tion �� c f ��vcc f�ousin()- � r,r U! I ts to be buk'.a ach a "" rdabf� housing �.a onw— cat�;��or as defin d n e tio=a t01 -1 of th Land Develo'lonwnt t tide= o Transient ROGO s shall not be transferred of � t �=�� t to be redeveloped under this policy � to the ffllnrov d ofthe dcvcIof>rn fl°eem . t p; 51 '} s " }G1s t s i t under this raolflcV shall dctY' onstratc that ®oi -o`s t�cnsity is con s'i`�tent with the conitnun1tv character and shall ad re�s�s the dc��ionstratcd nee within the ROGO . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . subarea. The BOCC should note that the PC recommendation regarding award of affordable ROGO allocations to units located within the V -zone (see bullet "e." in the proposed language above) is inconsistent with current County policy and as discussed in detail on pages 11 -13 of this staff report, may be inconsistent with the following Goals, Objectives, and Policies of the Comprehensive Plan: Goal 101 Monroe County shall manage future growth to enhance the quality of life, ensure the safety of County residents and visitors, and protect valuable natural resources. Policy 101.3.3 Monroe County shall allocate at least 20% of the annual allocation, or as may he established by the State of Florida, pursuant to Administration Commission Rules, to affordable housing units as part of ROGO. Any portion of the allocations not used for affordable housing shall he retained and he made available for affordable housing from ROGO year to ROGO year. Affordable housing eligible for this separate allocation shall meet the criteria specified in Policy 601.1.4 and the Land Development Code, but shall not he subject to the competitive Residential Permit Allocation and Point System in Policy 101.6.4. Any parcel proposed for affordable housing shall not he located within an area designated as Tier I as set forth under Goal 105 or within a Tier III -A Special Protection Area as set forth in Policy 205.1.1. LDC Section 138- 24(c)(4): No affordable housing allocation shall he awarded to applicants located within a tier I designated area, within a V -zone on the county's flood insurance rating map, within a tier II designated area on Big Pine Key and No Name Key, or within a tier III -A (special protection area) if clearing is proposed for any portion of an upland native habitat patch of a one acre or greater in area. Objective 101.6 Monroe County shall maintain and implement a Point System based primarily on the Tier system of land classification in accordance with Goal 105, which directs future growth in order to: 1. maintain and enhance the character of the community [ §163.3177(6)(a)2.c.,F.S.J; 2. protect natural resources [ §163.3177(6)(a)3.f.,F.S.J; File 2016 -046 Page 23 of 33 3. encourage a compact pattern of development [ §163.3177(6)(a)2.h.,F.S.J; 4. encourage the development of affordable housing; S. direct future growth to appropriate infill areas and away from inappropriate locations not suitable for development such as environmentally sensitive areas, Coastal Barrier Resource System (CBRS) Units, and V- zones; and 6. encourage development in areas served by central wastewater treatment systems. Policy 101. 6.2 In order to encourage a compact form of residential growth that results in infill development in platted, improved subdivisions, the Point System shall be primarily based on the Tier system of land classification as set forth under Goal 105. To discourage and limit further growth in Tier I designated areas, the annual maximum number of residential permit allocations that may be awarded in Tier I shall be no more than three (3) each in the Upper and Lower ROGO subareas. Other criteria and corresponding points are allocated to encourage development to the most appropriate locations and discourage development from inappropriate locations. * * * Policy 101. 6.3 In order to encourage a compact form of nonresidential growth, the Point System shall be primarily based on the Tier system of land classification as set forth under Goal 105. To discourage and limit further growth in Tier I designated areas, the Permit Allocation System shall limit and direct new nonresidential development primarily to areas designated as Tier III under Goal 105, not areas designated as a Special Protection Area (Tier III -A) and provide incentives for redevelopment of existing developed and vacant infill sites. Other criteria and corresponding points are available to encourage development to the most appropriate locations and discourage development from inappropriate locations. (See Policy 101.4.1.) Goal 601 Monroe County shall adopt programs and policies to facilitate access by residents to adequate and affordable housing that is safe, decent, and structurally sound, and that meets the needs of the population based on type, tenure characteristics, unit size and individual preferences. VI. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE PRINCIPLES FOR GUIDING DEVELOPMENT, AND FLORIDA STATUTES. A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe County 2030 Comprehensive Plan. Specifically, it furthers: *Goal 101: Monroe County shall manage future growth to enhance the quality of life, ensure the safety of County residents and visitors, and protect valuable natural resources. Objective 101.3 Monroe County shall regulate new residential development based upon the finite carrying capacity of the natural and man -made systems and the growth capacity while maintaining a maximum hurricane evacuation clearance time of 24 hours. File 2016 -046 Page 24 of 33 *Policy 101.3.3 Monroe County shall allocate at least 20% of the annual allocation, or as may be established by the State of Florida, pursuant to Administration Commission Rules, to affordable housing units as part of ROGO. Any portion of the allocations not used for affordable housing shall be retained and be made available for affordable housing from ROGO year to ROGO year. Affordable housing eligible for this separate allocation shall meet the criteria specified in Policy 601.1.4 and the Land Development Code, but shall not be subject to the competitive Residential Permit Allocation and Point System in Policy 101.6.4. Any parcel proposed for affordable housing shall not be located within an area designated as Tier I as set forth under Goal 105 or within a Tier III- A Special Protection Area as set forth in Policy 205.1.1. Policy 101.3.5 Due to the limited number of allocations and the State's requirement that the County maintain a maximum hurricane evacuation clearance time of 24 hours, Monroe County shall prohibit new transient residential allocations for hotel or motel rooms, campground spaces, or spaces for parking a recreational vehicle or travel trailer until May 2022. Lawfully established transient units shall be entitled to one unit for each type of unit in existence before January 4, 1996 for use as a ROGO exemption. Objective 101.5 Monroe County shall regulate future development and redevelopment to maintain and enhance the character of the community and protect natural resources by providing for the compatible distribution of land uses consistent with the designations shown on the Future Land Use Map. Policy 101.5.5 Monroe County shall maintain Land Development Regulations which allow nonconforming nonresidential and transient uses in the RC, RL, RM and RH future land use categories that lawfully existed on such lands on January 4, 1996 to develop, redevelop, reestablish and /or substantially improve provided that the use is limited in density, intensity, floor area, and to the type of use that existed on January 4, 1996. Policy 101.5.26 In order to continue to implement the Florida Keys Carrying Capacity Study, Monroe County shall promote the reduction in overall County residential density and the preservation of Monroe County's native habitat by enacting legislation which implements the following policy statements for private applications for future land use map amendments which increase allowable residential allocated density. Private application(s) means those applications from private entities with ownership of the upland development and parcel(s) of land or includes private upland development on County -owned land. Private applications requesting future land use map designation amendments received after the effective date of this ordinance (Nov. 20, 2012), which propose increases in allocated residential density shall be required, upon amendment approval, to comply with either option (1) or (2) below:... File 2016 -046 Page 25 of 33 Policy 101.6.8 Monroe County shall maintain a Transfer of ROGO Exemption (TRE) program, that allows for the transfer off -site of dwelling units, hotel rooms, campground /recreational vehicle spaces and /or mobile homes to another site in the same ROGO subarea, provided that they are lawfully existing and can be accounted for in the County's hurricane evacuation model. Dwelling units may be transferred as follows: a. between sites in the Upper Keys ROGO subarea; b. between sites in the Lower Keys ROGO subarea; c. between sites in the Big Pine Key and No Name Key ROGO subarea; i. units from the Big Pine Key and No Name Key ROGO subarea may also be transferred to the Lower Keys ROGO subarea. No sender units may be transferred to an area where there are inadequate facilities and services. Sender Site Criteria: 1. Contains a documented lawfully- established sender unit recognized by the County; and 2. Located in a Tier I, II, III-A, or III designated area; including any tier within the County's Military Installation Area of Impact (MIAI) Overlay. Receiver Site Criteria: 3. The Future Land Use category and Land Use (Zoning) District must allow the requested use; 4. Must meet the adopted density standards; 5. Includes all infrastructure (potable water, adequate wastewater treatment and disposal wastewater meeting adopted LOS, paved roads, etc.); 6. Located within a Tier III designated area; and 7. Structures are not located in a velocity (V) zone or within a CBRS unit. Policy 101.8.7 Monroe County shall maintain Land Development Regulations which allow nonconforming nonresidential and transient uses in the RC, RL, RM and RH future land use categories that lawfully existed on such lands on January 4, 1996 to develop, redevelop, reestablish and /or substantially improve provided that the use is limited in density /intensity, floor area, and to the type of use that existed on January 4, 1996. Policy 101.13.3 Transfer of Development Rights program sender and receiver sites are subject to the following transfer conditions: Sender Site Criteria: 1. Property has development rights to transfer, and File 2016 -046 Page 26 of 33 2. Located in a Tier I, II, III-A, or III designated area; including any tier within the County's Military Installation Area of Impact (MIAI) Overlay. Receiver Site Criteria: 1. The Future Land Use category and Land Use (Zoning) District must allow the requested use; • Liveable CommuniKeys Community Centers shall be encouraged as receiving areas for transfer of development rights. 2. Must have an adopted maximum net density standards; 3. Includes all infrastructure (potable water, adequate wastewater treatment and disposal wastewater meeting adopted LOS, paved roads, etc.) 4. Located within a Tier III designated area; and 5. Is not located within a designated CBRS unit. Goal 102: Monroe County shall direct future growth to lands which are most suitable for development and shall encourage conservation and protection of environmentally sensitive lands (wetlands, beach berm and tropical hardwood hammock). Objective 105.2 Monroe County shall maintain, with assistance of the state and federal governments, a 20 -year Land Acquisition Program to: 1) secure funding for environmentally sensitive lands; 2) retire development rights on privately -owned vacant lands to limit further sprawl and equitably balance the rights of property owners with the long -term sustainability of the Keys man -made and natural systems; and, 3) secure and retain lands suitable for affordable housing. This objective recognizes the finite limits of the carrying capacity of the natural and man -made systems in the Florida Keys to continually accommodate further development and the need for the significant expansion of the public acquisition of vacant developable lands and development rights to equitably balance the rights and expectations of property owners. This includes the recognition that Monroe County must ensure public safety through the ability to maintain a 24 -hour hurricane evacuation clearance time. Policy 105.2.1 Monroe County shall designate all lands outside of mainland Monroe County, except for the Ocean Reef planned development, into three general categories for purposes of its Land Acquisition Program and smart growth initiatives in accordance with the criteria in Policy 205.1.1. These three categories are: Natural Area (Tier 1); Transition and Sprawl Reduction Area (Tier II) on Big Pine Key and No Name Key only; and Infill Area (Tier III). The purposes, general characteristics, and growth management approaches associated with each tier are as follows: 1. Natural Area (Tier I): Any defined geographic area where all or a significant portion of the land area is characterized as environmentally sensitive by the policies of this Plan and applicable habitat conservation plan, is to be designated as a Natural Area. New development on vacant land is to be severely restricted and File 2016 -046 Page 27 of 33 privately owned vacant lands are to be acquired or development rights retired for resource conservation and passive recreation purposes. However, this does not preclude provisions of infrastructure for existing development. Within the Natural Area designation are typically found lands within the acquisition boundaries of federal and state resource conservation and park areas, including isolated platted subdivisions; and privately -owned vacant lands with sensitive environmental features outside these acquisition areas. 2. Transition and Sprawl Reduction Area (Tier II): Any defined geographic area on Big Pine Key and No Name Key, where scattered groups and fragments of environmentally sensitive lands, as defined by this Plan, may be found and where existing platted subdivisions are not predominately developed, not served by complete infrastructure facilities, or not within close proximity to established commercial areas, is to be designated as a Transition and Sprawl Reduction Area. New development is to be discouraged and privately owned vacant lands acquired or development rights retired to reduce sprawl, ensure that the Keys carrying capacity is not exceeded, and prevent further encroachment on sensitive natural resources. Within a Transition and Sprawl Reduction Area are typically found: scattered small nonresidential development and platted subdivisions with less than 50 percent of the lots developed; incomplete infrastructure in terms of paved roads, potable water, or electricity; and scattered clusters of environmentally sensitive lands, some of which are within or in close proximity to existing platted subdivisions. 3. Infill Area (Tier III): Any defined geographic area, where a significant portion of land area is not characterized as environmentally sensitive as defined by this Plan, except for dispersed and isolated fragments of environmentally sensitive lands of less than four acres in area, where existing platted subdivisions are substantially developed, served by complete infrastructure facilities, and within close proximity to established commercial areas, or where a concentration of nonresidential uses exists, is to be designated as an Infill Area. New development and redevelopment are to be highly encouraged, except within tropical hardwood hammock or pineland patches of an acre or more in area, where development is to be discouraged. Within an Infill Area are typically found: platted subdivisions with 50 percent or more developed lots situated in areas with few sensitive environmental features; full range of available public infrastructure in terms of paved roads, potable water, and electricity; and concentrations of commercial and other nonresidential uses within close proximity. In some Infill Areas, a mix of nonresidential and high- density residential uses (generally 8 units or more per acre) may also be found that form a Community Center. Goal 205: The health and integrity of Monroe County's native upland vegetation shall be protected and, where possible, enhanced. Objective 205.1 Monroe County shall maintain the Tier Overlay District Maps as required in Policy 105.2.2 File 2016 -046 Page 28 of 33 Policy 205.1.1 The County shall establish the following criteria, at a minimum, to use when designating Tiers: 1. Land located outside of Big Pine Key and No Name Key shall be designated as Tier I based on following criteria: • Natural areas including old and new growth upland native vegetated areas, above 4 acres in area. • Vacant land which can be restored to connect upland native habitat patches and reduce further fragmentation of upland native habitat. • Lands required to provide an undeveloped buffer, up to 500 feet in depth, if indicated by appropriate special species studies, between natural areas and development to reduce secondary impacts; canals or roadways, depending on size may form a boundary that removes the need for the buffer or reduces its depth. • Lands designated for acquisition by public agencies for conservation and natural resource protection. • Known locations of threatened and endangered species. • Lands designated as Conservation and Residential Conservation on the Future Land Use Map or within a buffer /restoration area as appropriate. • Areas with minimal existing development and infrastructure. 2. Lands on Big Pine Key and No Name Key designated as Tier I, II, or III shall be in accordance with the wildlife habitat quality criteria as defined in the Habitat Conservation Plan for those islands. 3. Lands located outside of Big Pine Key and No Name Key that are not designated Tier I shall be designated Tier III. 4. Designated Tier III lands located outside of Big Pine Key and No Name Key with tropical hardwood hammock or pinelands of one acre or greater in area shall be designated as Special Protection Areas. 5. Lands within the Ocean Reef planned development shall be excluded from any Tier designation. Goal 601: Monroe County shall adopt programs and policies to facilitate access by residents to adequate and affordable housing that is safe, decent, and structurally sound, and that meets the needs of the population based on type, tenure characteristics, unit size and individual preferences. Policy 601.1.8 Monroe County shall allocate at least 20% of the annual ROGO allocation, or as may be established by the State of Florida, pursuant to Administration Commission Rules, to affordable housing units, as specified in Policy 101.3.3. Affordable housing eligible for this separate allocation must meet the criteria established in the Land Code. File 2016 -046 Page 29 of 33 Policy 601.1.9 Monroe County shall maintain land development regulations which may include density bonuses, impact fee waiver programs, and other possible regulations to encourage affordable housing. *Goal 601 Monroe County shall adopt programs and policies to facilitate access by residents to adequate and affordable housing that is safe, decent, and structurally sound, and that meets the needs of the population based on type, tenure characteristics, unit size and individual preferences. *Staff maintains that inclusion of the PC recommendation to allow affordable ROGO allocations to be awarded to property within a v -zone under the proposed policy may not be consistent with Goal 101, Policy 101.3.3, and Goal 601. B. The amendment is consistent with the Principles for Guiding Development for the Florida Keys Area, Section 380.0552(7), Florida Statutes. For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with the principles for guiding development and any amendments to the principles, the principles shall be construed as a whole and no specific provision shall be construed or applied in isolation from the other provisions. (a) Strengthening local government capabilities for managing land use and development so that local government is able to achieve these objectives without continuing the area of critical state concern designation. (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass beds, wetlands, fish and wildlife, and their habitat. (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife, and their habitat. (d) Ensuring the maximum well -being of the Florida Keys and its citizens through sound economic development. (e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys. (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, and ensuring that development is compatible with the unique historic character of the Florida Keys. (g) Protecting the historical heritage of the Florida Keys. (h) Protecting the value, efficiency, cost - effectiveness, and amortized life of existing and proposed major public investments, including: 1. The Florida Keys Aqueduct and water supply facilities; 2. Sewage collection, treatment, and disposal facilities; 3. Solid waste treatment, collection, and disposal facilities; 4. Key West Naval Air Station and other military facilities; 5. Transportation facilities; 6. Federal parks, wildlife refuges, and marine sanctuaries; 7. State parks, recreation facilities, aquatic preserves, and other publicly owned properties; 8. City electric service and the Florida Keys Electric Co -op; and 9. Other utilities, as appropriate. File 2016 -046 Page 30 of 33 (i) Protecting and improving water quality by providing for the construction, operation, maintenance, and replacement of stormwater management facilities; central sewage collection; treatment and disposal facilities; and the installation and proper operation and maintenance of onsite sewage treatment and disposal systems. (j) Ensuring the improvement of nearshore water quality by requiring the construction and operation of wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and 403.086(10), as applicable, and by directing growth to areas served by central wastewater treatment facilities through permit allocation systems. (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida Keys. (1) Making available adequate affordable housing for all sectors of the population of the Florida Keys. (m) Providing adequate alternatives for the protection of public safety and welfare in the event of a natural or manmade disaster and for a postdisaster reconstruction plan. (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining the Florida Keys as a unique Florida resource. Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent with the Principles for Guiding Development as a whole and is not inconsistent with any Principle. C. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute (F.S.). Specifically, the amendment furthers: 163.3161(4), F.S. — It is the intent of this act that local governments have the ability to preserve and enhance present advantages; encourage the most appropriate use of land, water, and resources, consistent with the public interest; overcome present handicaps; and deal effectively with future problems that may result from the use and development of land within their jurisdictions. Through the process of comprehensive planning, it is intended that units of local government can preserve, promote, protect, and improve the public health, safety, comfort, good order, appearance, convenience, law enforcement and fire prevention, and general welfare; facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing, and other requirements and services; and conserve, develop, utilize, and protect natural resources within their jurisdictions. 163.3161(6), F.S. — It is the intent of this act that adopted comprehensive plans shall have the legal status set out in this act and that no public or private development shall be permitted except in conformity with comprehensive plans, or elements or portions thereof, prepared and adopted in conformity with this act. 163.3177(1), F.S. — The comprehensive plan shall provide the principles, guidelines, standards, and strategies for the orderly and balanced future economic, social, physical, environmental, and fiscal development of the area that reflects community commitments to implement the plan and its elements. These principles and strategies shall guide future decisions in a consistent manner and shall contain programs and activities to ensure comprehensive plans are implemented. The sections of the comprehensive plan containing the principles and strategies, generally provided as goals, objectives, and policies, shall describe how the local government's programs, activities, and land development regulations will be initiated, modified, or continued to implement the comprehensive plan in a consistent manner. It is not File 2016 -046 Page 31 of 33 the intent of this part to require the inclusion of implementing regulations in the comprehensive plan but rather to require identification of those programs, activities, and land development regulations that will be part of the strategy for implementing the comprehensive plan and the principles that describe how the programs, activities, and land development regulations will be carried out. The plan shall establish meaningful and predictable standards for the use and development of land and provide meaningful guidelines for the content of more detailed land development and use regulations. 163.3178(l), F.S. - Coastal management.— The Legislature recognizes there is significant interest in the resources of the coastal zone of the state. Further, the Legislature recognizes that, in the event of a natural disaster, the state may provide financial assistance to local governments for the reconstruction of roads, sewer systems, and other public facilities. Therefore, it is the intent of the Legislature that local government comprehensive plans restrict development activities where such activities would damage or destroy coastal resources, and that such plans protect human life and limit public expenditures in areas that are subject to destruction by natural disaster. 163.3201, F.S. – Relationship of comprehensive plan to exercise of land development regulatory authority.It is the intent of this act that adopted comprehensive plans or elements thereof shall be implemented, in part, by the adoption and enforcement of appropriate local regulations on the development of lands and waters within an area. It is the intent of this act that the adoption and enforcement by a governing body of regulations for the development of land or the adoption and enforcement by a governing body of a land development code for an area shall be based on, be related to, and be a means of implementation for an adopted comprehensive plan as required by this act. VII. PROCESS Comprehensive Plan Amendments may be proposed by the Board of County Commissioners, the Planning Commission, the Director of Planning, or the owner or other person having a contractual interest in property to be affected by a proposed amendment. The Director of Planning shall review and process applications as they are received and pass them onto the Development Review Committee and the Planning Commission. The Planning Commission shall hold at least one public hearing. The Planning Commission shall review the application, the reports and recommendations of the Department of Planning & Environmental Resources and the Development Review Committee and the testimony given at the public hearing. The Planning Commission shall submit its recommendations and findings to the Board of County Commissioners (BOCC). The BOCC holds a public hearing to consider the transmittal of the proposed comprehensive plan amendment, and considers the staff report, staff recommendation, and the testimony given at the public hearing. The BOCC may or may not recommend transmittal to the State Land Planning Agency. The amendment is transmitted to State Land Planning Agency, which then reviews the proposal and issues an Objections, Recommendations and Comments (ORC) Report. Upon receipt of the ORC report, the County has 180 days to adopt the amendments, adopt the amendments with changes or not adopt the amendment. File 2016 -046 Page 32 of 33 VIII. STAFF RECOMMENDATION The Planning Commission recommends approval of the proposed amendments to Policy 101.5.29, as shown on pages 21 -23 of this staff report. Staff recommends approval of the proposed amendments to Policy 101.5.29 with all changes recommended by the Planning Commission following their October 26, 2016 hearing except the provision allowing the award of affordable ROGO allocations to property within a v -zone, as stated in this staff report. IX. EXHIBITS 1. Map series identifying existing Tier III hotel /motel properties. File 2016 -046 Page 33 of 33 Pag Pag Pag Pag