Item Q2BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 10/18/06 - KW Division: Growth Management Division
Bulk Item: Yes _ No X Staff Contact Person: Reggie Paros/JeM D. Sanders
AGENDA ITEM WORDING:
Approval and Adoption of Amendment to 2010 Comprehensive Plan Policy 101.4.21 clarifying maximum
densities for density bonuses for affordable, employee and workforce housing units of 750 sq. ft. or less in size in
the mixed use/commercial and residential high future land use categories for specified districts within those
categories, using the expedited adoption proceeding provided in the Community Workforce Housing Innovation
Pilot Program rcWHIP') for specific parcels or grouping of parcels.
(Only One Hearing Required)
ITEM BACKGROUND:
The Florida Legislature recently enacted Session Law 2006-069, Section 27 of which was the Community
Workforce Housing Innovation Pilot Program ("CWHIP"), now codified as F.S. §420.5095.
CWHIP will potentially make up to $5,000,000 dollars available for innovative workforce housing public -private
partnerships available to one or more projects in Monroe County should required comprehensive plan
amendments, land acquisition and other measures be taken in time to qualify for the program. F.S. 420.5095
authorizes an expedited process for these amendments requiring only one hearing - the adoption hearing.
The proposed Comprehensive Plan Amendment will clarify maximum densities for density bonuses for affordable
housing units between 400 - 750 square feet allowing density to be increased for such small units within certain
land use districts for specific parcels or grouping of parcels.
PREVIOUS RELEVANT BOCC ACTION:
Ordinance 15-2006 adopted by BOCC on 4/19/06 to provide for density bonuses, subsequently rejected by the
DCA citing clarification needed to the 2010 Comprehensive Plan. BOCC approved a challenge to DCA's
rejection which is pending before DOAH.
Approval of forwarding Notice of Intention to Adopt an Amendment to the 2010 Comprehensive Plan and
advertising same for density bonuses for small affordable housing units by BOCC on 9/13/06.
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST:
COST TO COUNTY:
REVENUE PRODUCING: Yes Na
APPROVED BY:
County A
DOCUMENTATION: Included
DISPOSITION:
Revised 8/06
BUDGETED: Yes No
SOURCE OF FUNDS:
AMOUNT PER MONTH Year
OMB/Purchasing
Not Required
Risk Management
AGENDA ITEM #
ORDINANCE NO. -2006
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING THE YEAR 2010 COMPREHENSIVE PLAN
ADOPTING ADDITIONAL DENSITY BONUS PROVISIONS IN
ACCORDANCE WITH SECTION 420.5095, F.S. FOR SPECIFIC PARCELS
OR PARCEL GROUPINGS; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; AND DIRECTING THE
DIRECTOR OF PLANNING AND ENVIRONMENTAL RESOURCES TO
FORWARD A CERTIFIED COPY OF THIS ORDINANCE TO THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Monroe County Year 2010 Comprehensive Plan Policy 601.1.3 directs
the County to have its Planning Department work "to increase local utilization of state and
federal funding programs"; and
WHEREAS, the Monroe County Year 2010 Comprehensive Plan Policy 601.1.4 directs
the County to "[e]xpand the County's participation in Federal and State housing assistance
programs to rehabilitate owner and rental housing for low and moderate income residents by
seeking grants, loans, and technical assistance"; and
WHEREAS, the Monroe County Year 2010 Comprehensive Plan Policy 601.1.10 directs
the County to "strive to participate in the State Housing Incentives Partnership Program as
specified in the 1992 William Sadowski Affordable Housing Act, ...adopt a Local Housing
Assistance Ordinance which establishes a local housing partnership; a local housing trust fund;
administrative responsibilities; and a Local Housing Advisory Committee... [and to
T]hereafter ... write and implement a Local Housing Assistance Plan and a Local Housing
Incentives Plan as specified in the Act."; and
WHEREAS, the Monroe County Year 2010 Comprehensive Plan Policy 601.1.12 directs
the County to "adopt Land Development Regulations which may include density bonuses,
impact fee waiver programs, and other possible regulations to encourage affordable housing";
and
WHEREAS, the Monroe County Year 2010 Comprehensive Plan Policy 601.1.13 directs
the County Land Authority to "coordinate with developers of affordable housing projects when
land acquisition proposals or donation requests are submitted to the Land Authority," and to
"acquire and donate land for projects if they are deemed appropriate and acceptable by the Land
Authority"; and
WHEREAS, the Monroe County Year 2010 Comprehensive Plan Objective 601.2 directs
the County to "adopt programs and policies to encourage housing of various types, sizes and
price ranges to meet the demands of current and future residents"; and
WHEREAS, the Monroe County Year 2010 Comprehensive Plan Objective 601.6 directs
the County to "formulate housing implementation programs corresponding to each of the specific
objectives defined within this element, including:
2 incentive programs, to be implemented in conjunction with the Permit Allocation
System, to promote the development of affordable and elderly housing"; and ...
WHEREAS, in 2006 the Florida Legislature enacted Section 420.5095, F.S. which
implemented the Community Workforce Housing Innovation Pilot Program ("CWHIP"); and
WHEREAS, CWHIP will potentially make up to $5,000,000 dollars available for
innovative workforce housing public -private partnerships available to one or more projects in
Monroe County should required comprehensive plan amendments, land acquisition and other
measures be taken in time to qualify for the program; and
WHEREAS, CWHIP provides that funding priority will be given to counties where
regulatory incentives are timely adopted including "adopting land development regulations
designed to allow flexibility in densities" and financial strategies including "local contributions"
such as "providing land": and
WHEREAS, Florida Housing Finance Corporation ("Florida Housing"), the agency
responsible for administering CWHIP, has recently recognized Monroe County as the highest
cost burdened county for housing affordability and CWHIP is designed to allocate funds with
priority to "high cost' and "high growth" counties; and
WHEREAS, CWHIP gives special recognition to permissible median income levels to
be served with CWHIP funding awards in any county which has been designated as an Area of
Critical State Concern for more than 20 years, of which Monroe County is a qualifying
jurisdiction; and
WHEREAS, CWHIP will potentially make its funding available for innovative
workforce housing public -private partnerships available to one or more projects in Monroe
County should required comprehensive plan amendments, land acquisition and other measures
be taken in time to qualify for the program; and
WHEREAS, pursuant to CWHIP Monroe County and its municipalities have defined
"Essential Services Personnel" in the Local SHIP Local Housing Assistance Plan ("LHAP"),by
promptly amending its LHAP on September 20, 2006; and
WHEREAS, Monroe County intend wherever possible to make application for funding
under CWHIP and other funding sources; and
WHEREAS, Monroe County intends to use density bonuses and other innovative land
use mechanisms to maximize the potential affordable, workforce and employee housing
opportunities in land use districts near employment centers and public transportation facilities
and the County has determined those districts to primarily be the Suburban Commercial, Mixed
Use and Urban Residential land use districts, which districts already allow multi -family housing
and are most suitable for density bonuses and other mechanisms to maximize economical
housing potential; and
WHEREAS, the Board of County Commissioners makes the following findings of fact:
1. A lack of sufficient affordable housing opportunities for the local workforce
creates serious risks to the local economy.
2. There is limited land area suitable for residential development remaining in the
County.
3. There is a current estimated unmet need of as many as 7,317 affordable units in
the County.
4. Further delineation and emphasis on density bonuses will clearly comport and
further CWHIP's encouragement of "flexibility in densities" and will likely lead to the creation
of more affordable housing under the Code.
5. Certain amendments to Policy 101.4.21 will more clearly delineate the 2010
Comprehensive Plan's existing density bonus provisions and facilitate appropriate amendments
to the land development regulations.
6. The County has acquired up to four (4) parcel groupings where density bonuses
might increase the prospect of funding as a CWHIP project or even other state or federal housing
assistance programs and the County is willing to contribute the land to such a project with an
identified private partner as required under CWHIP.
7. The Carlisle Group has successfully completed projects with Florida Housing, has
the expertise to put together a competitive RFP response, and has indicated a willingness to
partner with the County if the County moves promptly to make regulatory changes relating to
density and other matters to help make workforce housing projects feasible under CWHIP and
other programs.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. The following language and related density chart are adopted as an
amendment to the Monroe County Year 2010 Comprehensive Plan to replace in their entirety the
current Policy 101.24.1:
Policy 101.4.21
Monroe County hereby adopts the following density and intensity
standards for the future land use categories, which are shown on the
Future Land Use Map and described in Policies 101.4.1 - 101.4.17:
[W-5.006(3)(c)7]. Irrespective of the numerical density figures set
forth in the table included in this policy, the allowable density for the
parcels referenced below specifically designated for state or federal
project funding under programs including, but not limited to, those
made possible by Florida Statutes Section 420.5095, where the
potentially affected parcels are designated in writing to the Department
of Community Affairs, and where the contemplated project is made up
entirely of residential units that meet affordable, employee and/or
workforce housing guidelines set forth in the land development
regulations, shall for the purpose of density calculations only, permit
the construction of bonus deed -restricted affordable, employee and
workforce housing units (as defined in MCC ss9.5-(A-4-5) and (E-1),
respectively) in the SC, MU, and UR land use districts, where such
units range in size from 400 to 750 square feet and contain no more
than a single bedroom. A bonus smaller unit for density purposes shall
be available for each smaller unit built within the normal density
figures set forth in the density and intensity table included in this
policy. The density bonus shall not exceed an additional smaller
affordable or employee housing unit for each smaller, affordable,
employee and workforce housing unit constructed in the SC, MU, and
UR land use districts. Thus, by use of this density bonus provision for
the construction of additional affordable, employee and workforce
housing units maximum density may increase up to 36 (SC), 36 (MU)
and 50 (UR) units per acre, respectively, where all units are 750 sq. ft.
or smaller in size and contain no more than a single bedroom. Initial
designation is made to the Department of Community Affairs of the
following parcels subject to the density bonus provision set forth
herein, for which this provision solely applies:
a. Big Coppitt Key — U.S. 1 frontage between Sapphire and
Emerald Streets — appr. .85 acres — RE No. 00156320-
000000 — Zoning SC
b. Key Largo Mandalay Subdivision — I" Avenue between E
First and Second Streets — appr. .7 acres — RE Nos.
00554720-000000 and 00554720-0001000 — Zoning UR
c. Cudjoe Key — US 1 and La Fitte Drive frontage — appr.
1.15 acres — RE Nos. 00178350-000000, 00178360-
000000, 00178370-000000, 00178380-000000 — Zoning
SC
d. Key Largo — US 1/State Service Road and Burton Drive —
appr. 2.72 acres — RE No. 00488730-000000 — Zoning SC
(The remainder of this page left intentionally blank.)
Future Land Use Densities and Intensities
Future Land Use Category
Allocated Density
Maximum Net
Maximum Intensity
And Corresponding Zoning
(per acre)
Density
(floor area ratio)
per buildable acre
Agriculture (A)
0 du
N/A
0.20-0.25
no directly corresponding zoning)
0 rooms/spaces
N/A
Airport (AD)
0 du
N/A
0.10
AD zoning)
0 rooms/spaces
N/A
Conservation (C)
0 du
N/A
0.05
CD zoning)
0 rooms/spaces
N/A
Education (E)
0 du
N/A
0.30
no directly corresponding zoning)
0 rooms/spaces
N/A
Industrial (1)
1 du
2 du
0.25-0.60
I and MI zoning)
0 rooms/spaces
N/A
Institutional (INS)
0 du
N/A
0.25-0.40
no directly corresponding zoning)
3-15 rooms/spaces
6-24 rooms/spaces
Mainland Native (MN)
0.01 du
N/A
0.10
MN zoning)
0 rooms/spaces
N/A
Military (M)
6 du
12 du
0.30-0.50
MF zoning)
10 rooms/spaces
20 rooms/spaces
Mixed Use/Commercial (MC)(g)
1-6 du
6-18 du
0.10-0.45
SC, UC, DR, RV, and MU zoning)
5-15 rooms/spaces
10-25 rooms/spaces
Mixed Use/Commercial Fishing
Approx. 3-8 du
12 du
0.25-0.40
(MCF)(9)
0 rooms/spaces
0 rooms/spaces
CFA, CFV(c), CFSD zoning)
Public Facilities (PF)
0 du
N/A
0.10-0.30
no directly corresponding zoning)
0 rooms/spaces
N/A
Public Buildings/Grounds (PB)
0 du
N/A
0.10-0.30
no directly corresponding zoning)
0 rooms/spaces
N/A
Recreation (R)
0.25 du
N/A
0.20
PR zoning)
2 rooms/spaces
N/A
Residential Conservation (RC)
0-0.25 du
N/A
0-0.10
OS and NA zoning)
0 rooms/spaces
N/A
Residential Low (RL)
0.25-0.50 du
5 du
0.20-0.25
SS(d), SR, and SR-L zoning)
0 rooms/spaces
N/A
Residential Medium (RM)
approx. 0.5-8 du
N/A
0
(IS zoning)
(1 du/lot)
N/A
0 rooms/spaces
Residential High (RH)
approx. 3-16 du
12 du
0
(IS-D(e), URM(e), and URM zoning)
(1-2 du/lot)
20 rooms/spaces
10 rooms/spaces
Notes:
(a) "NIA" means that maximum net density bonuses shall not be available.
(b) The allocated densities for submerged lands, salt ponds, freshwater ponds, and mangroves shall be 0 and the maximum net densities bonuses shall
not be available.
c The allocated density for CFV zoning shall be 1 dwelling unit per lot and the maximum net density bonuses shall not be available.
(d) Maximum net density bonuses shall not be available to the SS district.
(e) The allocated density for IS-D and URM zoning shall be 2 and 1 dwelling units per lot, respectively and the maximum net density bonuses shall not be
available.
(f) The maximum net density for the UR district shall be 25 for units where all units are designated as affordable housing.
(g) For properties consisting of hammocks, pinelands or disturbed wetlands within the Mixed Use/ Commercial and Mixed Use/ Commercial Fishing land
use categories, the floor area ratio shall be 0.10 and the maximum net residential density bonuses shall not apply.
(h) Uses under the categories of Agriculture, Education, Institutional, Public Facilities, and Public Buildings and Uses, which have no directly
corresponding zoning, may be incorporated into new or existing zoning districts as appropriate.
(i) The Maximum Net Density is the maximum density allowable with the use of TDRs.
Section 2. If any section, subsection, sentence, clause, item, change, or provision of
this ordinance is held invalid, the remainder of this ordinance shall not affected by such validity.
Section 3. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
Section 4. This ordinance shall be transmitted to the Department of Community
Affairs pursuant to law.
Section 5. This ordinance shall be filed in the Office of the Secretary of the State of
Florida and shall become effective in accordance with Section 420.5095, Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 181h day of October, A.D., 2006.
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Dixie Spehar
Commissioner George Neugent
Commissioner Mario Di Gennaro
Commissioner Glenn Patton
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
WA
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
Charles "Sonny " McCoy
MONR0 C U Y
APP
5 O VV O R .
O ERT B. S ILLI GER, JR.
CHIEF ASS�SNTaCOUN YATTORNEY
Date: IIJJ // ((// ll -
Jerry Coleman, Esq. JERRY COLEMAN, P.L. Truman Annex
Email: jerrycolemannl&bellsouth.net 201 Front Street, Suite 203 Building 21 Second Floor
Tel: 305-292-3095 Key West, Florida 33040 Fax: 305-296-6200
(Admitted Florida and New York)
MEMORANDUM (CONSULTANT REPORT) - REVISED
TO: Monroe County Board of County Commissioners
FROM: Jerry Coleman
DATE: October 10, 2006
MEETING DATE: October 18, 2006
RE: REVISIONS TO MONROE COUNTY COMPREHENSIVE PLAN
POLICY 101.4.21 CLARIFYING MAXIMUM DENSITIES AND
DENSITY BONUSES FOR AFFORDABLE, EMPLOYEE AND
WORKFORCE 1-BEDROOM HOUSING UNITS OF 750 SQ. FT.
OR LESS IN SIZE IN THE MIXED USEXOMMERCIAL AND
RESIDENTIAL HIGH FUTURE LAND USE CATEGORIES FOR A
SPECIFIED PARCEL OR GROUPING OF PARCELS FOR
SPECIFIED DISTRICTS WITHIN THOSE CATEGORIES
L BACKGROUND
PLEASD NOTE THAT REVISIONS TO THE OCTOBER 6 CONSULTANT
MEMORANDUM UNDERLINED — RESTRICTION TO ONE BEDROOM OR LESS
FOR DENSITY BONUS UNITS WAS INADVERTENTLY OMITTED) This proposed
Comprehensive Plan amendment to the expedited procedure allowed under Section 420.5095,
F.S. (the Community Workforce Housing Innovation Pilot Program ("CWHIP"), in light of the
fact that the County contemplates pursuing application for one or more CWHIP projects for state
funding which would benefit from the allowed densities. By written Section 420.5095, F.S.
notices, dated September 13, 2006, submitted to the Department of Community Affairs, the
County advised of a planned October 18, 2006 adoption hearing of three (3) draft comprehensive
plan amendments for contemplated CWHIP projects (dealing with density bonuses, height
incentives and fractional ROGO allocations for smaller units, respectively). The author of this
report advised the BOCC on September 13 in Key Largo that per the BOCC's direction staff
would work with the Department and would not present any proposed amendments for adoption
on October 18 if the Department had registered objections to the final form presented. After
discussions with the Department, staff has decided to withdraw the proposed CWHIP fractional
ROGO amendment at this time. The Department maintains that any CWHIP comp plan
amendment must be limited to specified potential CWHIP project parcels (of which the County
itself owns four (4) single or contiguous groupings of such identified parcels). Therefore, the
proposed new density bonus language amendment here will not operate anywhere in the County
other than for specifically identified parcels set forth in the amendment.
It should be noted that on April 19, 2006 the BOCC adopted Ordinance No. 015-2006, an LDR
that provides a density bonus for affordable and employee housing in certain districts where the
units are only 400 to 750 square feet in size and contain no more than a single bedroom. This
included an amendment to Section 9.5-4 defining these smaller "half' units (for density
purposes). This proposed comp plan amendment would specifically authorize this same type of
bonus, but only for the properties identified for consideration in the CWHIP program. There
remains a continuing dispute with the Department of Community Affairs regarding its rejection
of Ordinance No. 015-2006. The BOCC directed staff to appeal the Department's decision
which it did. The appeal case has been stayed for the time being.
H. SUMMARY
The proposed Comprehensive Plan Amendment to Policy 101.4.21 will add the following
underlined language applicable at this time only to the CWHIP designated parcels, leaving the
current Future Land Use Densities and Intensities Table unchanged by this amendment:
So the new policy and chart will look like this (underlined language is new):
Policy 101.4.21
Monroe County hereby adopts the following density and intensity standards
for the future land use categories, which are shown on the Future Land Use
Map and described in Policies 101.4.1 - 101.4.17: [9J-5.006(3)(c)7].
Irrespective of the numerical density figures set forth in the table included in
this policy, the allowable density for parcels specifically designated for state
or federal project funding under programs including, but not limited to, those
made possible by Florida Statutes Section 420.5095, where the potentially
affected parcels are designated in writing to the Department of Community
Affairs, and where the contemplated project is made up entirely of residential
units that meet affordable, employee and/or workforce housing_ guidelines set
forth in the land development regulations, shall for the purpose of density
calculations only, permit the construction of bonus deed -restricted affordable,
employee and workforce housing units (as defined in MCC ss9.5-(A-4-5) and
(E-1), respectively) in the SC, MU, and UR land use districts, where such
units range in size from 400 to 750 square feet and contain no more than a
single bedroom. A bonus smaller unit for density purposes shall be available
for each smaller unit built within the normal density figures set forth in the
density and intensity table included in this policy. The density bonus shall not
exceed an additional smaller affordable or employee housing unit for each
smaller, affordable, employee and workforce housing unit constructed in the
SC, MU, and UR land use districts. Thus, by use of this density bonus
provision for the construction of additional affordable, employee and
workforce housing units maximum density may increase up to 36 (SQ, 36
(MU) and 50 (UR) units per acre, respectively, where all units are 750 sq. ft.
or smaller in size and contain no more than a single bedroom. Initial
designation is made to the Department of Community affairs of the following
parcels subject to the density bonus provision set forth herein, though
subsequent written notifications of otherwise gualifying_parcels need not be
made in the form of a plan amendment:
a. Big Coppitt Key — U.S. 1 frontage between Sapphire and Emerald
Streets — appr..85 acres — RE No. 00156320-000000 — Zoning SC
b. Key Largo Mandalay Subdivision — I" Avenue between E First
and Second Streets — appr..7 acres — RE Nos. 00554720-000000
and 00554720-0001000 — Zoning UR
c. Cudjoe Key — US 1 and La Fitte Drive frontage — appr. l.i 5 acres
— RE Nos. 00178350-000000 00178360-000000 00178370-
000000, 00 1783 80-000000 — Zoning SC
d. Key Largo — US 1/State Service Road and Burton Drive — appr.
2.72 acres — RE No. 00488730-000000 — Zoning SC
(The remainder of this page left intentionally blank.)
Future Land Use Densities and Intensities
Future Land Use Category
Atocated Density
Maximum Net
Maximum Intensity
And Cotrespon 4 Zoning
(per acre)
Density
(floor area ratio)
(per buildable acre
Agriculture (A)
0 du
N/A
0.20-0.25
(no directly corresponding zoning)
0 rooms/spaces
N/A
Airport (AD)
0 du
N/A
0.10
AD zoning)
0 rooms/spaces
N/A
Conservation (C)
0 du
N/A
0.05
(CD zoning)
0 rooms/spaces
N/A
Education (E)
0 du
N/A
0.30
(no directly corresponding zoning)
0 rooms/spaces
N/A
Industrial (1)
1 du
2 du
0.25-0.60
I and MI zoning)
0 rooms/spaces
N/A
Institutional (INS)
0 du
N/A
0.25-0.40
no directly corresponding zoning)
3-15 rooms/spaces
6-24 roomsispaces
Mainland Native (MN)
0.01 du
N/A
0.10
(MN zoning)
0 rooms/spaces
N/A
Military (M)
6 du
12 du
0.30-0.50
(MF zonin
10 rooms/spaces
20 rooms/spaces
Mixed Use/Commercial (MC)(9)
1-6 du
6-18 du
0.10-0.45
SO, UC, DR, RV, and MU zoning)
5-15 roomsis aces
10-25 rooms/spaces
Mixed UselCommercial Fishing
Approx. 3-8 du
12 du
0.25-0.40
(MCF)«
0 rooms/spaces
0 rooms/spaces
(CFA, CFV(c), CFSD zoning)
Public Facilities (PF)
0 du
N/A
0.10-0.30
no directly corresponding zonin
0 rooms/spaces
N/A
Public Buildings/Grounds (PB)
0 du
N/A
0.10-0.30
(no directly corresponding zoning)
0 rooms/spaces
N/A
Recreation (R)
0.25 du
N/A
0.20
PR zoning)
2 roomsls aces
N/A
Residential Conservation (RC)
0-0.25 du
N/A
0-0.10
(OS and NA zoning)
0 roomsis aces
N/A
Residential Low (RL)
0.25-0.50 du
5 du
0.20-0.25
(SS(d), SR, and SR-L zoning)
0 roomsts aces
N/A
Residential Medium (RM)
approx. 0.5-8 du
N/A
0
(IS zoning)
(1 du/lot)
N/A
0 rooms/spaces
Residential High (RH)
approx. 3-16 du
12 du
0
(IS-D(e), URM(e), and URO zoning)
(1-2 du/lot)
20 rooms/spaces
10 rooms/spaces
Notes:
(a) "N/A" means that maximum net density bonuses shall not be available.
(b) The allocated densities for submerged lands, salt ponds, freshwater ponds, and mangroves shall be 0 and the maximum net densities bonuses shall
not be available.
c The allocated density for CFV zoning shall be 1 dwelling unit per lot and the maximum net density bonuses shall not be available,
(d) Maximum net density bonuses shall not be available to the SS district.
(e) The allocated density for IS-D and URM zoning shall be 2 and 1 dwelling units per lot, respectively and the maximum net density bonuses shall not be
available.
(f) The maximum net density for the UR district shall be 25 for units where all units are designated as affordable housing.
(g) For properties consisting of hammocks, pinelands or disturbed wetlands within the Mixed Usel Commercial and Mixed Usel Commercial Fishing land
use categories, the Floor area ratio shall be 0.10 and the maximum net residential density bonuses not apply.
(h) Uses under the categories of Agriculture, Education, Institutional, Public Facilities, and Public Buildings and Uses, which have no directly
corresponding zoning, may be incorporated into new or existing zoning districts as appropriate.
(i) The Maximum Net Density is the maximum density allowable with the use of TDRs.
The changes with this comp plan amendment are as follows:
1. Authorizes density bonuses for small affordable units to a maximum net density in the SC
district from 18 to 36 dwelling units (if all are small deed -restricted dwelling units) for the
identified parcels.
2. Authorizes density bonuses for small affordable units to a maximum net density in the MU
district from 18 to 36 dwelling units (if all are small deed -restricted dwelling units) for the
identified parcels.
3. Authorizes density bonuses for small affordable units to a maximum net density in the UR
district from 25 to up 50 dwelling units (if all are small deed -restricted dwelling units for the
identified parcels).
III. FINDINGS OF FACT AND SUPPORTING DATA AND ANALYSIS PER RULE
9J-5, F.A.C.
The prior adopted LDRs were determined to be consistent with Section 9.5-
511(d)(5)b.(i), (ii), (iv) and (v); to wit, "changed projections", "changed assumptions",
"new issues" and "recognition of a need for additional detail or comprehensiveness" and
the 2010 Comprehensive Plan.
2. Staff finds the proposed clarifying amendment to be consistent with the goals, objectives,
and policies of the Monroe County Year 2010 Comprehensive Plan.
The BOCC notes that numerous statutes encourage density bonuses and higher densities
in appropriate areas, among them:
a. F.S. 420.6156 which encourages density bonus incentives to be applied to
land donated for affordable housing uses.
b. F.S. 163.3177 which encourages comp plan identification of land use
densities, building intensities, and transportation management programs to
promote public transportation systems in designated public transportation
corridors so as to encourage population densities sufficient to support such
systems.
c. F.S. 163.3177: The Legislature finds that mixed -use, high -density
development is appropriate for urban infill and redevelopment areas.
Mixed -use projects accommodate a variety of uses, including residential
and commercial, and usually at higher densities that promote pedestrian -
friendly, sustainable communities. The Legislature recognizes that mixed -
use, high -density development improves the quality of life for residents
and businesses in urban areas. The Legislature finds that mixed -use, high -
density redevelopment and infill benefits residents by creating a livable
community with alternative modes of transportation. Furthermore, the
Legislature finds that local zoning ordinances often discourage mixed -use,
high -density development in areas that are appropriate for urban infill and
redevelopment. The Legislature intends to discourage single -use zoning in
urban areas which often leads to lower -density, land -intensive
development outside an urban service area. Therefore, the Department of
Community Affairs shall provide technical assistance to local
governments in order to encourage mixed -use, high -density urban infill
and redevelopment projects.
4. Policy 101.4.4 of the 2010 Comprehensive Plan provides that "the principal purpose of
the Residential High category is to provide for high -density single-family, multi -family,
and institutional residential development, including mobile homes and manufactured
housing, located near employment centers." The Urban Residential (UR) district affected
by this comp plan change is in the Residential High land use category. All districts that
have been zoned UR have thus been previously approved by the Department as consistent
with high density use located near employment centers. No new parcels are here being
proposed for more intense zoning than already exists. The UR district already allows
under Sec. 9.5-233 "attached dwelling units" so no substantial change of character will
occur in this regard. Recreational, marina and time-share uses are also permitted as well
as pre-existing lawfully noncomforming uses.
5. Policy 101.4.5 of the 2010 Comprehensive Plan provides that "the principal purpose of
the Mixed Use/Commercial land use category is to provide for the establishment of
commercial zoning districts where various types of commercial retail and office may be
permitted at intensities which are consistent with the community character and the natural
environment. Employee housing and commercial apartments are also permitted." No
new parcels are being proposed for more intense Mixed Use or Suburban Commercial
zoning than already exists. The MU and SC districts already allow under Secs. 9.5-235
and 9.5-248 a tremendous variety of commercial uses which necessary will offer
employment in the district near the potential workforce housing and require
transportation options to service the already allowed commercial uses. Moreover these
districts already allow "commercial apartments involving less than six (6) dwelling
units", "attached and unattached residential dwellings involving less than six (6) units,
designated as employee housing", "commercial apartments involving six (6) to eighteen
(18) dwelling units", "attached and unattached residential dwellings involving six (6) to
eighteen (18) units, designated as employee housing", and "attached and unattached
residential dwellings involving more than eighteen (18) units, designated as employee
housing", so no substantial change of character will occur in this regard. Recreational,
marina and time-share uses are also permitted as well as pre-existing lawfully
noncomforming uses.
6. Consultant staff finds the amendment consistent with F.A.C. Chapter 9J-5, Chapter 163
and 420 Florida Statutes, and The Principles for Guiding Development, Section
380.0552, Florida Statutes.
IV. PROPOSED TEXT CHANGE
Please see attached Ordinance.
V. RECOMMENDED ACTION
Based on the Findings of Fact, Workforce Housing Task Force counsel recommends
APPROVAL of the proposed text change to Comprehensive Plan Policy 101.4.21 and the
County Attorney's office has reviewed the ordinance for legal sufficiency. The Department of
Community Affairs has not had a full opportunity to comment on the initial or this revised report
or the proposed amendment because they were communicated to the Department on Friday,
October 6, and Tuesday, October 10, respectively, though the Department's comments will be
relayed prior to or at the hearing on this ordinance or staff will recommend withdrawal from or
continuance on the agenda.
Current Zoning, 5C 18 units acre 2.72) acres — 39 units/ 78 density bonus application
30 over 750 sq. tt
') under 750 % ft.
9 bonus under 750 sq.
48
`7 over 750 sq. ft.
1'- under 750 sq. tt
12 bonus 750 sq. 1t
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