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Item E1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: February 27.. 2009 Division: Growth Manaszement Bulk Item: Yes No Department: Staff Contact: Andrew O. Trivette AGENDA ITEM WORDING: Consideration of public comment on a counter settlement proposal to resolve the outstanding issues associated with Comprehensive Plan Amendment package 08-01 (working waterfront amendments) with direction to the Growth Management Division and the County Attorney's Office. ITEM BACKGROUND: The working waterfronts Comprehensive Plan amendment was adopted by the BOCC (Ordinance 008- 2008) and rendered to the Florida Department of Community Affairs (DCA) on February 4, 2008. Upon completion of its review, in a letter dated March 31, 2008, the DCA issued its notice of intent to fmd the alnendment not in compliance. DCA determined that all but five of the adopted obj eets and polices me:t the requirements of Chapter 163, Part II, (F.S.), for compliance, as defined in 163.3184(1)(b), (F.S.) PREVIOUS RELEVANT BOCC ACTION: December 2008 - BOCC declined settlement offer from the Department of Conununity Affairs February 2008 - Final adoption of the Comprehensive Plan amendment for working waterfronts. September 2007 - Approved transmittal of a Comprehensive Plan amendment for working waterfronts. September 2006 - Directed staff to enter into an inter-local agreement with South Florida Regional Planning Council to develop a Comprehensive Plan amendment for working waterfronts. CONTRACT/AGREEMENT CHANGES: nla STAFF RECOMMENDATIONS: Approval TOTAL C()ST: N/A BUDGETED: Yes ~ No COST TO COUNTY: N/A SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH_ Year APPROVEJD BY: County Atty _ 01v1BlPurchasing _ Risk Management__ DOCUMENTATION: Included Not Required__ DISPOSITION: AGENDA ITEM # ~. I Revised 11/06 MEMORANDUM MONROE COUNTY GROWTH MANAGEMENT DMSION We strive to be caring. professional and fair To: Roman Gastes~ County Administrator From,: Andrew Omer Trivette Growth Management Division Director Date: Monday February 23, 2009 RE: 08/01 Monroe County Comprehensive Plan Counter Settlement Proposal The intention of this memo is to provide additional background and detail concerning the proposed counter settlement for Monroe County's 08/01 2010 Comprehensive Plan Amendment. Back2round The HOCC conducted a public workshop on December 3, 2008 at the Harvey Government Center to consider approval of a remedial amendment for the 08/01 2010 Comprehensive Plan Amendment dealing with Working Waterfront Preservation. This hearing was the result from a previous rejection of the County's originally adopted amendment. The BOCC rejected the remedial amendment and directed staff to pursue a counter settlement proposal which would more accurately reflect the desire of the community as well as protect the private property rights of land owners and provide adequate working waterfront develclpmentlretention incentives. Counter Settlement Prooosal Exulained The counter settlement proposal consists of two (2) documents, the revised amendment and a data and analysis paper. The revised amendment is very simple in fonnat and content. The data and analysis paper is intended to provide clarification on both the basis for these proposed policies as well the proposed application of the policies. The re:vised amendment consists of creating a new future land use category of Deep Port Harbor for thc= area of south central Stock Island in an effort to facilitate adequate recognition of its unique: deep water harbor and its working waterfront character. The revised amendment also includes working waterfront protections requiring the continued maintenance of non-residential working waterfront uses in perpetuity through deed restrictions. This revised amendment is not a "no net loss)) amendment as it would allow conversion of some working waterfront use to another use. Staff feels that flexibility is a key to successful working waterfront preservation. The revised amendment also includes density and intensity bonuses to incentivize the preservation of these uses. StatfReeommeDdatioD We have worked diligently to prepare an amendment that adequately addressed all of the issues and at the same time stayed true to the purpose of working waterfront use preservation. We feel confident that the basis for the amendment being a model ordinance prepared by the Florida Department of Community Affairs will serve as an excellent basis for the Department's approval. Staff n~mmends the BOCC approve the counter settlement proposal. \lnill~'V (";lllll> ('1',1\\111 \1;111;l:;\..ll11..'111 /)1\'\II\I~ Goal 101 Momoe County shall manage future growth to enhance the quality of life, ensure the safety of County residents and visitors, and protect valuable natural resources. [9J-5.006(3)a] ***** Objective 101.4 tvfonroe County shall regulate future development and redevelopment to maintain the character of the community, strengthen and diversify economic resources, and protect the natural resources by providing for the compatible distribution of land uses consistent with the designations shown on the Future Land Use Map. [9J-5.006(3)(b) 3] Polley 101.4.5 The principal purpose of the Mixed Usel 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, the natural environment and orderly and balanced. growth. Employee housing and commercial apartments are also permitted, along with other permanent residential development compatible with the mix of uses allowed. The maintenance and enhancement of economically viable commercial fishing, and traditional water dependent and water related uses such as retail, storage, and repair and maintenance shall be encouraged within this land use category (pursuant to Goal 219 of this Plan). This land use category is also intended to allow for the establishment of mixed use development patterns, where appropriate. Various types of residential and non-residential uses may be pennitted; however, heavy industrial uses and similarly incompatible uses shall be prohibited. In order to protect environmentally sensitive lands, the following development controls shall apply to all hammocks, pinelands, and disturbed wetlands within this land use category: 1. only low intensity commercial uses shall be allowed; 2. a maximum floor area ratio of 0.10 shall apply. Policy 101.4.7 The principal purpose of the Industrial land use category is to provide for the development of industrial, manufacturing, warehouse and distribution uses. Other commercial, public, residential, and commercial fishing-related uses are also allowed. Policv 101.4.18 The principal pUIpOse of the Deep Port Harbor future land use category is to provide for the development and redevelopment of areas suitable fOf water- deoendent port and maritime uses such as seaoort_ marina_ boatvard.. commercial fishin2. watercraft/vessel reoair.. and water-deoendent manufacturing and service. Port uses include recreational and commercial workinS! waterfront uses. Other commercial. public.. park.. utilities and transient residential uses are allowed. 2123/2009 Permanent market rate residential. as well as emplovee housing and workforce housing that are accessorY to 9rincipal water-dependent uses. are also allowed. This future land use cate~ory shall consist only of harbor areas capable of accommodating vessels of fifteen (IS) foot draft together with contieuous Tier III upland areas. PoUcv 101.4.19 To comply with the mandate of Rule 9J-5.006(4)(c) F.A.C.. which reauires an aooronriate mix of residential and nonresidential uses. and to preserve commercial working waterfront uses. the following mix of uses shall be reauired in the Deeo Port Harbor future land use category: No less than fortY oercent (400;0) of the upland area of each Darcel shall be develoned with nonresidential working waterfront uses or port facilities. as defined in F.S. Sec. 315.02(6) and 342.07. including but not limited to docks. commercial fishing facilities. commercial seafood facilities. tran stora2e. shiDning. facilities to serve ocean-20in2 vessels. marine research. boat maintenance and repair. and marine transportation facilities. *-* 2 2/2312009 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..lli: [9J-5.006(3)(c)7]. Future Land Use Densities and Intensities ....-.-.-.-.-.--...........-.-.. Future Land Use AUocated Density (per Maximum Net Density Maximum Category And acre) (per buildable acre) Intensity (floor Corresponding area ratio) ZooiD! Agri culture (A) Odu N/A 0.20-0.25 (no direct! y o rooms/spaces N/A corresponding zoninR) Airport (AD) Odu N/A 0.10 (AD zoning) o rooms/spaces N/A Conservation (e) Odu N/A 0.05 (CD zoning) o rooms/spaces N/A Deeo Port Harbor 1 du (market rate) 2 du (market rate) 0.35-0.60 {DPHl 5 du (affordablel 7 du {affordable! (DPH zoning) emplovee ) employee) j 12 rooms 15 rooms I Education (E) Odu N/A 0.30 (no directly o rooms/spaces N/A corresponding zoning) Industrial (I) 1 du 2du 0.25~0.60 (I and MI zoning) o rooms/spaces N/A Institutional (INS) o du N1A 0.25-0.40 (no directly 3~ 15 rooms/spaces 6-24 rooms/spaces correspondin.g zoning) ........ ...........................................................................-..... Mainland N a.ti ve 0.01 du N/A 0.10 (MN) (MN zoninJ?;) o rooms/spaces N/A Military (M) 6du ]2 du _._m_...__....mm............m.m..__ 0.30-0.50 (MF zoning) 1 0 rooms! spaces 20 rooms/spaces ....................................--- Mixed 1-6 du 6N 18 du 0.10-0.45 U selCommercial 5N 15 rooms/spaces 10-25 rooms/spaces (MC)(g) (SC, UC, DR, RV, and MU zoning) Mixed Approx. 3-8 du 12 du 0.25-0.40 UsefComm~cial o rooms/spaces o rooms/spaces Fishing (MCF)(g) (CFA, CFV(c:), CFSD zoning) Public Facilities (PF) Odu N/A 0.10-0.30 (no directly o rooms/spaces N/A 3 2/23/2009 UNI A" means that maximum net density bonuses shall not be available. The altlocated densities for submerged lands, salt ponds, freshwater ponds, and mangroves shall be 0 and the maximum net densities bonuses shall not be available. The allocated density for CFV zoning shall be I dwelling unit per lot and the maximum net density bonuses shall not be available. Maximum net density bonuses shall not be available to the 5S district. 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. The maximum net density for the UR district shall be 25 for units where all units are designated as affordable housit1lg. For pmperties consisting of hammocks, pinelands or disturbed wetlands within the Mixed Use! Commercial and Mixed Use! Commercial Fishing land use categories, the flOOT area ratio shall be 0.10 and the maximum net residential density bonuses not apply. 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. The Maximum Net Density is the maximum density allowable with the use ofTDRs. corresponding zoning) Public Buildings/Grounds (PB) (no directly corresponding zoning) Recreation (R) (PR zoning) Residential Conservation (RC) (OS and NA zoning) Residential Low (RL) (SS(d), SR, and SR-L zonin~) Residential lMedium (RM) (IS zonin~) Residential High (RH) (IS-D(e), URM(e), and UR( f) zoning) Notes: (a) (b) (c) (d) (e) (I) (g) (h) (i) Odu o rooms/spaces N/A N/A 0.10-0.30 0.25 du 2 rooms/spaces 0-0.25 du o rooms/spaces N/A N/A N/A N/A 0.20 0-0.10 0.25-0.50 du o rooms/spaces 5 du N/A 0.20-0.25 approx. 0.5-8 du (1 dw'lot) o rooms/spaces approx. 3-16 du (1-2 du/lot) 10 rooms/spaces N/A NlA o 12 du 20 roomsispaces o . ** 4 2/23/2009 Goal 212: Monroe County shall prioritize shoreline land uses and establish criteria for shoreline development in order to preserve and enhance coastal resources and to ensure the continued economk viability of the County. [9J-5.0l2(3)(a); 9J-5.013(2)(b)2] **. Objective 212.4 By January 4, 1998, Monroe County shall complete an analysis of the need for additional marina facilities and shall develop criteria for marina siting which shall meet or exceed st:ate standards. [9J-5.012(3)(b)1,2 and 3; 9J-5.013(2)(b)2) *.* Policy 212.4.4 Applicants for development approval of marinas with three (3) or more slips, other than marinas in existing harbors shall meet the following: 1. Monroe County's marina siting criteria (See Policy 212.4.3); and 2. Monroe County's dock siting criteria (See Objective 212.5 and related po licies); and 3. Criteria of Rule 17-312 Part IV and Rule 18-21.004, F.A.C. [9J- 5.012(3)(c)I,2,3 and 8; 9J-5.013(2Xc)1 and 6] *** Policy 212.4.7 Applicants for a pennit to develop a new marina or expand an existing marina facility shall obtain necessary permits from all applicable state and federal regulatory agencies prior to issuance of a County permit [9J-5.012(3)(c)1,2,3 and 8; 9J-5.013(2)(c)1 and 6] *** Policy 212.5.4 The following restrictions shall apply to all structures built over or adjacent to water (including but not limited to boat docks, fishing piers, swimming piers and observation decks). Applicants wishing to construct such structures over or adiacent to orivatelv owned submerged land within boat basins and semi-enclosed water bodies may be exemot from the following reauirements should the applicant demonstrate that the proDOsal will not have a negative im~ct on community character. and navhzation. to the satisfaction of the Plannin2 Director. prior to approval. The applicant must also obtain the necessary permits from anolicable state and federal agencies. 5 2/2312009 I. the maximum permitted length of docks shall be commensurate with the shoreline width of the land parcel at which the dock is located, subject to a maximum length of 100 feet from the mean low water line; *** Goal 213 Monroe County shall ensure adequate public access to the beach or shoreline. [9J-5.012(3)(a); 9J-5.013(2)(a)] Objective 213.1 ~[onroe County shall maintain and increase the amount of public access to the beach or shoreline consistent with the estimated public need and environmental constraints. [9J- 5.012(3)(b)9] Policy 213.1.1 Monroe County shall complete a Public Access Plan for unincorporated Monroe County. The Public Access Plan shall estimate the existing capacity of and need for the following types of public access facilities: 1. public access points to the beach or shoreline through public lands; 2. public access points to the beach or shoreline through private lands; 3. parking facilities for beach or shoreline access; 4. coastal roads and facilities providing scenic overlooks; 5. marinas; 6. boat ramps; 7. public docks; 8. fishing piers; and 9. traditional shoreline fishing areas. [9J-5.012(3)(c)9] Policy 213.1.2 Monroe County shall adopt Land Development Regulations which: 1. implement recommendations of the Public Access Plan; 2. provide for the enforcement of public access to beaches renourished at public expense by prescription, prescriptive easement, or any other legal means; 6 2/23/2009 3. provide for the enforcement of public access requirements of the Coastal Zone Protection Act of 1985; 4. specify standards for transportation and parking facilities for beach and shoreline access; 5. include environmental design criteria which reflect environmental constraints. [9J~5.012(3)(c)9] 6. ensure adequate public access to public facilities including boat ramps~ docks, and fishing piers and bridges. [F.S. 342.07 (2006)]. ****. Goal 21 ~~ - Community Character and Preservation of Recreational and Commercial Working Waterfronts It is the intent of the County to preserve and enhance the working waterfront identity and character of the Keys, and to promote the responsible and economically viable management of its coastal[ area. Objective 219.1 Monroe County shall implement a strategy that provides regulatory incentives and criteria to encourage the preservation and enhancement of recreational and economically vi~able commercial working waterfronts. Policv 219.1.1 The County shall take a proactive role in encouramn2 the maintenance and enhancement of community character. and economically viable traditional uses on the waterfront through adherence to the following key tenets of working waterfront preservation: 1. Protect the working waterfront bv establishing that commercial fishing activities are comoatible with other working waterfront uses including water deoendent uses. pursuant to Florida Statute 342.07. 2. Recognize the important role of boatvards and other maritime service facilities. and encourage the maintenance and enhancement of water- dependent support facilities. 3. Suooort oro{ffams that provide historical and educational infonnation and training in the marine and commercial fishing industries. 4. Suooort mixed use develooment adiacent to marinas which provides a range of services and activities. including restaurants. shoos. and other activities for residents and visitors. 7 2/23/2009 5. Encourage Dublic access and creation of public spaces in the redevelooment of marine facilities through the provision of oedestrian access alon2 the shoreline.. orotection of view sheds. and creation of DubHc open space. giving due consideration to DubHc safety concerns. 6. Establish that non-conforming structures that are lawfully established and located on upland areas within the Deeo Port Harbor and Mixed Use/Commercial Fishing future land use categories may be rebuilt or substantially imoroved if damaged or destroyed. orovided that they are rebuilt or substantially improved within the confines of the oreexisting use~ building footprint and configuration without increase in density or intensity of use. consistent with flood plain management criteria. 7. Protect nonresidential sauare footage within the Deep Port Harbor future land use catee:orv through the entitlement to NROGO exemot redevelonment of lawfully established SQuare footage. 8. Provide working waterfront development incentives within the DeeD Port Harbor future land use category through the s~arate calculation of non- residential intensity and residential density. 9. Recognize the hardship for maritime uses to complv with standard regulations for parkine: reQuirements bv allowing shared parking facilities located within walking distance of a water-based transoortation facility to satisfy off-street oarking requirements. 10. Provide opportunities for and encourage development agreements and inter-local agreements 20vernin2 the use of public and private waterfront lands which Dromote the goals. obiectives and oolicies of the Comprehensi ve Plan. 11. Establish that the develooment or redevelopment of hotel/motel facilities comprised of 10 or more rooms shall require compliance with the inclusionarv housing requirements. Policv 219.1.2 The strate2v to protect and enhance recreational and commercial working waterfronts shall include the following actions: 1. Except in the Residential High and Residential Medium future land use categories. t'rioritv for shoreline develooment shall be given to water- dCgendent uses. In order to orevent the loss of existine: commercial waterfront area to exclusive residential use. no aoproval for conversion from a workin2 waterfront use may be issued for permanent residential 8 2/23;2009 uses. excluding emDloveelaffordable housin2.. alonsr any waterfront area which maintains at least four (4) foot deoth at mean low water at the shoreline. However. water dqlendent facilities. includimz hotels that provide DubHc boating access. may be constructed along the waterfront on any parcel that orovides commercial. recreational and/or oubHc boating access to marine and coastal waters. 2. Public/orivate investment for property oreservation. either through ourchase of prooertv or purchase of the development rights to the prooertv. 3. The County shall provide land use intensity and density bonuses to encoura2e development that provides Dublic water access. and that encourage preservation or excansion of recreational and commercial working waterfronts. The bonus program shall include the following incentives. with a development agreement between Monroe County and the aUDlicant: a. Properties with a orincioal use of commercial fishin2 or boatyard. and that orovide ~ublic access to the waterfront shall be provided an increase in FAR of 30% of the applicable standard. Public access shall include boardwalks. slips. observation towers. and other Dublic amenities. b. Properties that preserve 40% of the upland area for non-residential workinll waterfront uses shall be provided a 30~" increase to the number of transient residential rooms allowable. Policy 219.1.3 The County shall not vacate, diminish, or otherwise impair publicly-owned pathways~ sidewalks, roads, ends of roads, parking areas, docks or boat launching facilities, and other access points that are currently used, or susceptible to use by the public to access the shorelines. Policy 219.1.4 The County shall collaborate and coordinate with Keys municipalities, mainland coastal counties and municipalities, and State and Federal agencies on issues affecting recreational and commercial working waterfronts. To accomplish this, the County shall: 1. Participate in The Watemonts Florida Partnership Program. This program helps participating communities develop a plan to revitalize, renew and promote interest in their waterfront districts; 2. Ensure consistent and coordinated implementation of the Stock Island Livable CommuniKeys Plan and the Comprehensive Plan, LDRs~ and other activities designed to preserve the working waterfront. 3, Coordinate with the Florida Department of Environmental Protection and the Florida Fish and Wildlife Conservation Commission (FWC) to 9 2/2312009 implement the recommendations of the 2006 Recreational Boating Access in Florida State Parks study to increase recreational boating access within the state parks located in Monroe County. 4. Coordinate with municipalities in Monroe County and Miami-Dade County, the Florida Department of Community Affairs (DCA) I Area of Critical State Concern Progrwn, the Florida Department of Transportation, NOAA! Florida Keys National Marine Sanctuary~ Everglades National Park, Biscayne National Park, and Florida Sea Grant. **** Objective 219.2 To protect and increase the extent of publicly owned access to its shorelines and navigable waters. Policy 219.2.1 The County shall inventory the waters of Monroe County to detennine appropriate sites for one or more public anchorages and mooring fields that shall be available to the boating public on a first come, first served basis. 10 2123/2009 WORKING WATERFRONT DRAFT COMPREHENSIVE PLAN AMENDMENTS DATA AND ANALYSIS REVIEW Policy 101.4.18 The principal purpose of the Deep Port Harbor future land use category is to provide for the development and redevelopment of areas suitable for water-dependent port and maritime uses such as seaport. marina. boatyard. commercial fishing. watercraft/vessel repair. and water-dependent manufacturing and service. Port uses include recreational and commercial working waterfront uses. Other commercial. public. park. utilities and transient residential uses are allowed. Permanent market rate residential. as well as employee housing and workforce housing that are accessory to principal water-dependent uses. are also allowed. This future land use category shall consist only of harbor areas capable of accommodating vessels of fifteen (15) foot draft. together with contiguous Tier III upland areas. Staff Comments: This policy provides a clear definition of the new Deep Port Harbor future land use category. This new category recognizes the unique characteristics of deep port harbors in the County and provides specialized development criteria, regulations and incentives in order to preserve and enhance working waterfronts and other water dependent uses. Policy 101.4.19 To comply with the mandate of Rule 9J-5.006(4)(c) F.A.C.. which requires an appro"priate mix of residential and non-residential uses. and to preserve commercial working waterfront uses. the following mix of uses shall be required in the Deep Port Harbor future land use category: No less than forty percent (40%) of the upland area of each parcel shall be developed with non-residential working waterfront uses or port facilities. as defined in F.S. Sec. 315.02(6) and 342.07. including but not limited to docks. commercial fishing facilities. commercial seafood facilities. trap storage. shipping. facilities to serve ocean-going vessels. marine research. boat maintenance and repair. and marine transportation facilities. Staff Comments: The purpose of this policy is to allow an appropriate mix of uses and the percentage distribution among the mix of uses, as described in Rule 9J-5.006(4)(c), which will be effective in preserving traditional commercial working waterfront uses while concurrently providing for other water related and residential uses. This is to be 1 2/23/2009 accOlnplished by requiring 40% or more of each parcel with a Deep Port Harbor future land use category to be dedicated to non-residential working waterfront uses, which include: docks; commercial fishing facilities; commercial seafood facilities; trap storage; shipping; facilities to serve ocean-going vessels; marine research; boat storage, maintenance and repair; and marine transportation facilities. Transient uses such as hotels and lTIotelS, affordable housing, restaurants, and retail uses would not be considered to satisfy the 40% requirement. Staff recommends the ratio of 40%. A higher percentage could result in undue hardship to private property owners wishing to derive greater benefit from their property. This policy may be applied in an example. If a parcel with 10 acres of upland area were proposed for redevelopment after the effective date of this ordinance, a minimum of 4 acres of upland area on the subject parcel must be dedicated, through deed restriction in perpetuity, to non-residential working waterfront uses. Expanding this policy to detenmine district wide impact we conclude that the proposed Deep Port Harbor future land use category consists of approximately 57.33 acres of upland, with a total of 117.91 acres (See Attached Map) which would, following complete redevelopment, facilitate a minirnum of 22.9 acres being dedicated to non-residential working waterfront uses as defined above. Policy 101.4.21 Future Land Use Densities and Intensities Future Land Use Allocated Density (per Maximum Net Density Maximum Category And acre) (per buildable acre) Intensity (floor Corresponding area ratio) Zonine Deep Port Harbor 1 du (market rate ) 2 du (market rate ) 0.35-0.60 (DPH) 5 du (affordable/ 7 du ( affordable/ (D PH zoning) employee ) employee ) 12 rooms 15 rooms Staff Comments: This policy establishes the density and intensity for the proposed Deep Port Harbor future land use category. The three (3) types of density allowed in this proposed category are non-residential (commercial, office, etc), residential (market rate and affordable) and transient residential uses (hotel/motel). Non-residential Development: This policy allows floor area ratios of 0.35-0.60, dependent on the proposed use. The correct ratio will be regulated through the Land Development Regulations which will allow a higher ratio for working waterfront uses over more traditional non-residential and commercial retail uses. Presently the development of new non-residential square footage within unincorporated Monroe County is regulated through the County's Non-residential Rate of Growth Ordinance (NROGO). NROGO establishes a competitive process by 2 2/23/2009 which an applicant must compete for available square footage as released annually by the Board of County Commissioners. This ordinance limits the total amount of square footage available to anyone project to 2500 square feet in anyone allocation period. The ordinance further controls new non-residential development by awarding allocations twice::: annually. The County also maintains a maximum building size of 10,000 square feet for non-residential development in land use districts other than Urban Commercial. Tabl(~ 1 below illustrates a small scale example of non-residential development potential utilizing the proposed intensities. Table 2 depicts the maximum non-residential development potential associated with this proposed future land use category using the proposed intensities. Redevelopment of existing legally established non-residential square footage would be allowed utilizing the proposed intensities. Residential Development: This policy establishes a very low density (1 per acre) for market rate residential and an average density for affordable housing units (5 per acre) as compared to that allowed in other future land use categories. The development of new residential, both market rate and affordable housing, is regulated through the County's Rate of Growth Ordinance (RaGa). This ordinance established a competitive process by which applicants compete for the annual allocation of 197 new units in unincorporated Monroe County. Of the total 197, 71 annual allocations are reserved for affordable housing units and 57 annual allocations are reserved for market rate allocations in the unincorporated Lower Keys (with the exception of Big Pine and No Name Keys). Redevelopment of legally existing residential uses will be allowed utilizing the proposed densities. Any proposed new development beyond the proposed densities will not be permitted. Table 1 below illustrates a small scale example of residential (market rate and affordable housing) development potential utilizing the proposed densities. Table 2 depicts the maximum residential (market rate and affordable housing) development potential associated with this proposed future land use category using the proposed densities. Hotel/Motel Development: This policy establishes an allowable density for hotel/motel uses of 12 rooms per acre. This density is slightly higher than the average of eight (8) rooms per acre for those districts which allow hotel/motel but less than the maximum currently allowed in some districts of 15 rooms per acre. The County currently prohibits new hotel/motel room development. This type of development can occur through transfer of such units in accordance with Section 9.5-120.4 Type of Development not Affected. This section of the Land Development Regulations establishes a procedure for transfer of hotel units from one location to another provided certain criteria are met. One of these criteria is that the trans~er be accomplished within the same RaGa sub area. Monroe County could establish interlocal agreements with the municipalities to facilitate transfer across jurisdictional lines for such units. Redevelopment of legally established hotel/motel rooms: would be allowed pursuant to the proposed density for such uses. Development proposals for hotel/motel rooms accomplished through transfer or redevelopment will be subject to the conversion ratio for such rooms found in Section 9.5-4 Definitions under (R -17) Room. This definition establishes that suite type room configurations are possible and each bedroomlbathroom combination shall constitute one (1) hotel/motel unit regardless of total room square footage. This amendment also seeks to clarify that each 3 2/23/2009 housl~keeping unit constitutes one unit of density. A house keeping unit is currently defined in Administrative Interpretation (AI03-108) which is based on a Memorandum of Undt:rstanding between Monroe County and the Florida Department of Community Affairs. This definition will be added to the definitions section of the Land Development Regulations as part of the implementation of this comprehensive plan amendment. Table 1 below illustrates a small scale example of hotel/motel development potential utilizing the proposed densities. Table 2 depicts the maximum hotel/motel development potential associated with this proposed future land use category using the proposed densities. Within a 10-acre upland parcel designated Deep Port Harbor, the following would be allowed: "" ~< BI'II lie I_I mlocalel Deolll Size of Site fURlanl) Max Allowed ftz Table 1 Non-residential Uses (i.e. commercial retail, 0.35-0.60 10 total acres 152,460 to 261,360 office, industrial) ......... ...................... ..... .................. ........................ ......................................................................................... .................................................................................................................................................... ............................................... ..........i Hotel ~:ooms 12 rooms / acre 10 total acres 120 rooms ! AffordablE! Housing 5 units / acre 10 total acres 50 units J The density and intensity provisions are intended to be applied cumulatively so that no development shall exceed the total density limits. For example, if a development includes both residential and non-redevelopment, the total gross amount of development shall not exceed the cumulated permitted intensity of the parcel proposed for development. The following illustrates the intent: The developer owns a 10-acre parcel of upland in the Deep Port Harbor future land use category. The developer may build 120 hotel rooms or 50 affordable housing units or 152,460 square feet of non-residential floor area; or he may develop any combination of these uses provided that he does not exceed the total density. For example, the developer could build 39 hotel rooms (one-third of the allowed density for hotels), 16 affordable housing units (one-third of the allowed density for permanent housing), and 50,311 square feet of non-residential floor area (one-third of the allowed density for non- residential floor area) for a total land use intensity of 100%; but could not develop 120 hotel rooms (100% of the allowed density for residential uses) and any other use. It is irnportant to note, however, that density bonuses, such as those permitted within existing policies and those proposed in following policies such as 219.1.2 would allow additional development and/or separate calculation. Within the 57.33 acres of upland area to be designated Deep Port Harbor, the following would be allowed: 4 2/23/2009 Table 2 Land Use FJStR 12 I.lIocated mensity Size of Site (upland) Max Allowed ft2 Non-residential Uses (i.e. commercial retail, office, industrial) 0.35-0.60 57.33 total acres 874,053 to 1A98,376 12 rooms / acre 5 units / acre 57.33 total acres 57.33 total acres 687 rooms 286 units Policy 212.5.4 The following restrictions shall apply to all structures built over or adjacent to water (including but not limited to boat docks, fishing piers, swimming piers and observation decks). Applicants wishing to construct such structures over or adiacent to privately owned submerged land within boat basins and semi -enclosed water bodies may be exemlPt from the following requirements should the applicant demonstrate that the proposal will not have a negative impact on community character and navigation. to the satisfilction of the Planning Director. prior to approval. The applicant must also obtain the necessary permits from applicable state and federal agencies. Staff Comments: The amendment would allow an applicant proposing to construct structures over submerged lands owned by the adjacent upland owner within harbor areas, such as boat basins and semi-enclosed water bodies, to be exempt from the following requirements: 1. The maximum permitted length of docks shall be commensurate with the shoreline width of the land parcel at which the dock is located, subject to a maximum length of 1 00 feet from the mean low water line; 2. The length of docks shall not exceed ten (l0) percent of the width of the waterbody as measured laterally across the waterbody from the proposed location of placement and from the point of mean low water to the opposing point of mean low water (exception to this shall be made in cases where adequate depth at the terminal end of the dock pursuant to Policies 212.5.2 and 212.5.3 is not available; in such cases the dock may be shortened only enough to allow the centerline of an average width vessel to lie in four feet of water at mean low water); 3. No dock together with a moored boat shall preempt more than twenty- five (25) percent of the navigable portion of a man-made waterbody. This should allow for a structure built over water on either side of the waterbody to have a moored boat and room for free passage of two boats down the center of the waterbody,' 4. All fishing, swimming, and other piers and observation decks shall conform to design criteria to be adopted in the Land Development Regulations which prohibit their use as a dock. To qualify for the exemption offered above any application for a structure over or adjacent to privately owned submerged land within a harbor area must include an existing 5 2/23/2009 conditions analysis and map that describes all existing and adjacent uses within the subject property. The applicant must then demonstrate that all onsite and offsite impacts of the proposed structures over or adjacent to the water will not affect or change the character of the existing site or the surrounding area. The applicant must also obtain the necessary permits from applicable state and federal agencies to demonstrate that there would be no resultant obstruction to navigation. These two (2) eligibility requirements will l~nsure both compatibility with community character and continued adherence to navigable standards. The burden of proof for eligibility shall be borne by the applicant to the satisfaction of the Planning Director, 219.1.1 6. Establish that non-conforming structures that are lawfully established and located on upland areas within the Deep Port Harbor and Mixed Use/Commercial Fishing future land use categories may be rebuilt or substantially improved if damaged or destroyed. m~ovided that they are rebuilt or substantially improved within the confines of the m~eexisting use. building footprint and configuration without increase in density or intensity of use. consistent with flood plain management criteria. Staff Comments: Within the area proposed for the Deep Port Harbor future land use category and the existing Commercial Fishing future land use category are many structures associated with working waterfront uses which do not conform to Monroe County Code. Specifically structures in these districts do not conform to shoreline setbacks in many instances. This policy allows for these structures to be replaced if destroyed or redeveloped if the non- conformity is not increased. This will remove a disincentive to redevelopment of such uses and help to facilitate needed structural improvements throughout these areas of the County. 7. Protect non-residential square footage within the Deep Port Harbor future land use category through the entitlement to NROGO exempt redevelopment of lawfully established square footage. Staff Comments: Historically the uses within the area to be designated as the Deep Port Harbor future land use category were industrial or commercial fishing in nature. Monroe County Code provides an exemption from NROGO for such structures if the use is industrial. This existing provision removes the burden and disincentive associated with the competition and development delay inherent in NROGO. This same provision would require an applicant wishing to convert or change the use of any such legally existing structure to any other use to first receive allocations through NROGO for the existing square footage of the building. Currently the definition of a working waterfront use has been expanded by the Florida Legislature. This proposed policy would extend the NROGO exemption to all legally existing structures regardless of use within these two (2) future land use categories which are dedicated to the expanded definition of working waterfront uses. 6 2/23/2009 This policy will remove a disincentive to redevelopment of such uses and help to facilitate needed structural improvements throughout these areas of the County. 8. Provide working waterfront development incentives within the Deep Port Harbor future land use category through the separate calculation of non-residential intensity and residential density. Staff Comments: This proposed policy change provides a significant incentive for preserving and promoting working waterfront uses by allowing the total residential density of the parcel or site to be calculated without consideration for the total area of the site to be consumed by non-residential development and vice-versa. This policy can be considered a density bonus which allows higher densities of both categories of uses on one piece of property or site. A density bonus serves the purpose of allowing an applicant to offset the loss of inconle associated with a less valuable use, traditional working waterfont uses (comlmercial fishing and associated accessory uses), by allowing additional densities to more profitable and valuable uses, non-traditional working waterfront uses (restaurants, hotels and commercial retail). To further illustrate the impact of this policy we can consider a site with a total upland area of 10 acres. 9. Recognize the hardship for maritime uses to comply with standard regulations for llilrking requirements by allowing shared parking facilities located within walking distance of a water-based transportation facility to satisfy off-street parking requirements. Staff Comments: This policy allows an applicant to reduce the area of the site proposed for development consumed by parking. This is accomplished through a community parking model which facilitates shared use parking. The applicant would be allowed to meet the parking requirement through offsite shared parking located within the defined acceptable walking distance of no more than one half mile. Applicants choosing to utilize this policy shall include with a proposal for development a community wide (one half mile or less radius from proposed development location) parking analysis that identifies intended shared parking facilities and methods of mass transit available from those locations. Mass transit can include a water based transportation facility which refers to a passenger service such as a water taxi or ferry. This policy eliminates another disincentive to the redevelopment of properties with very little land area due to their proximity to the water. 11. Establish that the development or redevelopment of hotel/motel facilities comprised of 10 or more rooms shall require compliance with the inclusionary housing requirements. Staff Comments: According to the Study of Monroe County Tourism Workforce prepared by Monroe Coun~y Tourist Development Council (August 2006), The majority of tourism workers who plan to leave the Keys will do so because of the cost of housing here in the Keys 7 2/23/2009 (40% current home cost, 56% current rent cost, 51% cost of market rate housing) and the enticement of lower cost housing elsewhere (51.7%). In grouping tourism workers by hosing costs, as housing cost-burden increasing, so does the likelihood the tourism worker will leave the Keys. Tourism workers who are severely housing cost burdened were most likely to leave the Keys (43%). Tourism workers can be influenced to remain in the Keys if their housing situation changes. This amendment requires the provision of onsite affordable housing associated with transient uses, which includes hotels and motels, to attract and retain a stable tourism workforce. This policy will be implemented through an amendment to the Land Development Regulations stipulating a percentage of affordable housing units which must be constructed based on the total number of hotel/motel units proposed. Staff is currently reviewing industry standards for hotel/motel employee to room ratios and at the same time considering the Workforce Housing Support Study prepared October 2006 for the City of Marathon as well as a similar study for the Village of Islam or ada. Policy 219.1.2 3. The County shall provide land use intensity and density bonuses to encourage development that provides public water access. and that encourage preservation or expansion of recreational and commercial working waterfronts. The bonus program shall include the following incentives. with a development agreement between Monroe County and the applicant: a. Properties with a principal use of commercial fishing or boatyard. and that provide public access to the waterfront shall be provided an increase in FAR of 30% of the applicable standard. Public access shall include boardwalks. slips. observation towers. and other public amenities. b. Properties that preserve 40% of the upland area for non-residential working waterfront uses shall be provided a 30% increase to the number of transient residential rooms allowable. Staff Comments The above policy creates a density/intensity bonus program to incentivize the preservation of working waterfront uses. This is the cornerstone of any preservation ordinance. Bonuses provide incentives that result in the provision of a public benefit in exchange for an increase of density and/or intensity of use. The above proposed bonus program is based in format and in concept on model policy language provided in the Florida Department of Community Affairs' Draft Model Comprehensive Plan Amendment with Policy Options which was provided to local governments to assist with the development of working waterfront preservation amendments. This model ordinance is available upon request from the Department of Community Affairs. Pursuant to paragraph "a" above, this amendment will allow an increase of 30% from the allowable commercial intensity for the provision of public access to the waterfront when the primary use is commercial fishing or a boatyard. This will allow the applicant to increase the amount of allowable commercial floor area in exchange for the provision of 8 2/23/2009 facili1ties that provide the general public with safe access to the waterfront, which may include boardwalks, boating access, and observation decks. Due consideration will be given to the safety concerns of working boat yards and commercial fishing operations through the implementation of this policy in the Land Development Regulations. Additional fencing or obstructions may be required to provide public access to the waterfront at these locations. Pursuant to paragraph "b" above, this policy will also allow an increase of 30% from the allowable number of hotel" rooms in exchange for the preservation of 40% of the upland area for non-residential working front uses. This would be accomplished through a recorded deed restriction that dedicates in perpetuity 40% or more of the upland area for comnlercial working waterfront uses. This bonus language mirrors that of the requirement for parcels located in the Deep Port Harbor future land use category. In general these two (2) bonuses are optional for applicants to strive for and in return for the awarded density and intensity bonuses the citizens receive the public benefit of expanded or new public access to the waterfront and guaranteed working waterfront use preservation. These bonuses are available to applicants throughout Monroe County without consideration of land use district or sub area. When analyzing the effect of these two (2) bonuses we first must reconsider the restrictions currently in place for these two (2) types of uses. New transient development is prohibited. This will require any density achieved through a bonus program be realized through transfer of existing transient stock and will not result in a net transient unit increase throughout Monroe County. Non-residential development will remain restricted through NROGO controls and maximum building sizes. Non-residential redev1elopment may provide for some increase in average building size as structures are removed and the square footages are combined to produce larger buildings. Tables 3 & 4 below illustrate two (2) small scale examples of the effect of the bonus programs on development potential utilizing the proposed densities in the Deep Port Harbor future land use category and the existing densities for the Mixed Use/Commercial future land use category. Non-n~sidential Uses (i.e. 152,460 to 198,198 to commercial 0.35-0.60 10 total acres x 1.3 retail, office, 261,360 339,768 Hotel Rooms 12 rooms / 10 total acres 120 rooms x 1.3 144 rooms acre Affordable 5 units 10 total acres No 50 units bonus 50 units 9 2/23/2009 Non-residential Uses (Le. commercial 0.10-0.40 retail, office, ~us~~IL 10 total acres 43,560 to 174,240 10 rooms / acre 18 units 10 total acres 180 units ____~!:!~~~si ng ______.._~ acre ~_._____~~__~.__~_~__~____ HotE!1 Rooms 10 total acres 100 rooms Affordable x 1.3 56,628 to I 226,512 I 1::0'::;:51 I ---~ Table 5 illustrates the cumulative impact from this amendment on the area of land proposed for the Deep Port Harbor future land use category: x 1.3 No bonus Commercial 874,053 to ~.__..___ RetaJ_!.u.~~~___m_. ..._w._____m__@~.~~_~~?~~_______m______~~~~_.__.______w 1,498, 3 ~__www xl. 3 . Commercial 57.33 874,053 to I d 0.35-0.60 x1.3 . ....w~~!~ i~~..iLJ~.... ... w.. ....... ....... .............. . . ..........._..... ..... .... ...........~~.~~~........ ..ww!.'..~.~~,3 7? _.........w.w..........w Commercial 57.33 874,053 to 0.35-0.60 _...._..~.c:~~i..I..~.iJ{~_.... acre s....w......_....!'..~.~_~.'_~.?? . .. 57.33 874,053 to acres 1,498,377 57.33 874,053 to acres ............. ........._!A~?'.~??... Public 0.35-0.60 57.33 874,053 to ~'_'__'_''''''_''W_'_.u_._._m'u'__uu_._m._ .mU__._uu~._._."Wm.m_'_U_'_._mm______W'u_u_mm_.._. a c r~._.__ 1,498,377 Commercial 57.33 874,053 to F..i~~.i~.lt.._.....w.. ........-....w........_?~~_~?....~_~mw_......_.__....._ww.. acres ....w_...._......_..~.'.~.~~.'.~.?.?.._....ww_._..............~ 1. 3 874,053 to acres ..................u.!,~.~.~.'.~?7 Office 0.35-0.60 Institutional 0.35-0.60 i I..uu i i.... Light Industrial 57.33 0.35-0.60 10 2/23/2009 1,136,269 to 1,947,890 1,136,269 to 0 to 100% ......................_.!.'.~..~w?L~~.Q_...w..........._........_ ...................................w....w 1,136,269 to ww.............w.....!'..~.~.?'..?~.Q..... 1,136,269 to 1,947,890 1,136,269 to .......... ..................!.'.~~?'.~.~g. 1,136,269 to 1,947,890 1,136,269 to 0 to 100% ..www...._..._._!.'..~...~?..'.?...~g.w....__..............._...w......._................................ 1,136,269 to ..........................!'.~~?'?~g... x1.3 x1.3 x1.3 x1.3 x1.3 Non-residential Total o to 100% o to 100% o to 100% o to 100% o to 100% o to 100% Not to exceed 100% in cumulative total I Hotel/Motel 12 57.33 i 687 rooms t....m..."...~g.~?EI2.~ .....................~g.g.~~L~m~!._~_ ...........~.~!..~.~....... j Market- 1 dwelling 57.33 No Rate 57 units unit/acre acres bonus H 0 UI sin &Hm H ... ........m mm ..H"Hm "HmH.m.mmmm'H.m.mmm .. ..... "'m .m.mHmmmmmH.mHmHm. ..... .. .....H. Affordable 5 dwelling 57.33 No 286 units ~'iousing ____.__ units/acr~~~re:;~~~__~__. bonus x1.3 893 rooms 0 to 100% 57 units 0 to 100% 286 units 0 to 100% Residential Total Not to exceed 100% in cumulative total The above table demonstrates the application of this amendment with the entire 57 upland acre Deep Port Harbor future land use category by illustrating the concept of separate density calculations for residential and non-residential densities/intensities as well as the density/intensity bonuses. This table does not depict or consider the existing consb~aints on development which limit actual density/intensity realization within the district. While any combination of uses within the categories of residential and non-residential is possible, it is not possible to exceed 100% density for each of these categories. The follo~,ing example better depicts the impact of this policy: The developer owns a 10-acre parcel of upland in the Deep Port Harbor future land use category. The developer may build 198,198 square feet of non-residential floor area and either 144 hotel rooms or 50 affordable housing units and or he may develop any combination of these residential uses provided that he does not exceed the total residential density. For example, the developer could build 198,198 square feet of non- residential floor area (all of the allowed density for non-residential floor area) and 72 hotel rooms (one-half of the allowed density for hotels) and 25 affordable housing units (one-half of the allowed density for permanent housing) for a total land use intensity of 100% for the non-residential uses and 100% for the residential uses. 11 2/23/2009 2/10109 Working Waterfront Development In Safe Harbor Area The following data was generated by SFRPC. The data describes what working waterfront facilities were found on the property during marine facility surveys performed in 2007. Data collected focused on types working waterfront uses. Of approximately 32 parcels located on Safe Harbor, approximately 18 had working waterfront elements on them. Robbies Safe Harbor Marina Boat yard, boat repairs, broadside dockage, dry storage Key Tex Shrimp Co. Commercial fishing, broadside dockage, wet slips, marina Morgan Shrimp Packers Commercial fishing, seafood processing, broadside dockage, wet slips Docks (fac. #493) Commercial fishing, liveaboards, broadside dockage, wet slips Safe Harbor Marine Railwav Corp (was T &R Seafood) Boat yard, boat repair, broadside dockage wet slips Sea Lobster Co. Commercial fishing, broadside dockage, wet slips Carter Brothers Fisheries Commercial fishing, vessel pumpout, broadside dockage Safe Harbor Marina Marina, broadside dockage, wet slips Barna Sea Products Commercial fishing, seafood sales, fuel sales, broadside dockage, wet slips '1/01 .JJ) f. , Page 2 of3 As I said in a previous meeting this development could be a good thing but I have seen a cynical approach on the part of the developers starting with the blatant attempt in February last year to push legislation thru with complete disregard for the public process. I have some questions regarding the counter proposal of February 25 The data and analysis previous to this proposal has only listed DPH as having 57 acres Why is 19 acres now listed in addition to 59 acres in the examples ) on page 2 of the feb 25 alternative concept? I . In your example on page 2 of the counter proposal feb. 25 why isnt the 40oJ'c> required preservation area deducted from the land area prior to the calculation for max development potential for DPH? The term max net allowances shall be used appears in the last paragraph on the first page of the counter proposal feb.25 Is this a bonus? How is the bonus then calculated for mixed use? I In the future land use categories why is DPH the only one in which I e word room appears instead of rooms/spaces? ~ #~t4.., ~ There has been a lot of pressure on county staff. I urge the commissioners to be thoroughly acquainted with the final wording of this legislation.... and to that effect I would like the commissioners to consider directing staff to bring back this counter proposal dated February 25 or one like it in the same format and the same order as the previous analysis( hold up analysis) so that we can compare apples to apples and be clear about the final product that is voted on. Ron miller Friday, February 27,2009 AOL: RonlmiUOI MEMORANDUM MONROE COUNTY GROWTH MANAGEMENT DIVISION We strive to be caring, professional and fair To: Board of County Commissioners From: Andrew Orner Trivette Growth Management Division Director Date: Friday February 27, 2008 RE: Working Waterfront Questions The intention of this memorandum is to request clear direction regarding the BOCC position on the following questions: Working Waterfront Preservation Options: (1) Do you prefer No Net Loss? A Meaning transferable within sub district without loss \..bJ Calculated on actual % of land dedicated to WWF uses to include port structures (2) D~OU prefer a % ofWWF protected? a. We recommend 40% based on model ordinance from DCA b Parcel by parcel analysis of % of land area not including port facilities (3) Do you support a density bonus as a regulatory incentive for preservation? a. Could be a % increase above allowed density numbers 2>; d, 0 ~ We recommend the use ofmax net densities Hotel/Motel as an Allowed Use in Stock Island: (1) Do you want to allow Hotel/Motel as a use in south Stock Island? YoQ..9 ~ ~- (2) How big should it be? a. Draft densities, alternative concept densities, or ~iddle ground between the two? 3~4G Rooms are Density and Units are ROGO Allocations: ou agree that one room can ave mu IP e . s where: a. A room is defined by the external entrance b. A unit is 1 bedroom/bathroom combination c. A room can contain multiple units Example: Allowed density of 100 rooms 100 one unit rooms or any combination of 100single entrance rooms with multiple units as a suite. One family per unit is consistent with existing residential policy. )\ 1 0 n r () c (' () 1I 11 t: ( j r () \\ t h \. t ;l 11 ;l g c III L' 11 t I) i \ i ..., i () 11 P;lgL' I