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Item M6BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 17, 2009 Bulk Item: Yes No X Division: BOCC Department: DIST 3 Staff Contact Person/Phone #: C.Schreck x 3430 AGENDA ITEM WORDING: Approval of reconsideration of Item E3 from the June 2, 2009 BOCC meeting: [Discussion of 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.], and direction to staff re settlement counter proposal. 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 find the amendment not in compliance. DCA determined that all except five of the adopted objectives and policies met the requirements of Chapter 163, Part II, (FS), for compliance, as defined in 163.3184(a)(b), (F. S.) A memo from a DCA staff member was presented at the June 2nd meeting that had not been made available in advance to all BOCC members or the public, thus limiting the opportunity to review, research and discuss the matter of the memo from an informed position. PREVIOUS RELEVANT BOCC ACTION: February 2009 — BOCC provided additional direction to staff for a counter settlement proposal December 2008 — BOCC declined settlement offer from the Dept of Community 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: STAFF RECOMMENDATIONS: TOTAL COST: INDIRECT COST: BUDGETED: Yes No COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty _ OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Monroe County Proposed Working Waterfront Amendment DCA comments on proposed draft 5/29/07 .............. AD military coordination policies have been removed. Monroe County did not include criteria and address compatibility with adjacent or closely proximate lands with existing military installations in their future land use plan element as required by Chapter 163.3177(6)(a), F.S. Absent policies addressing compatible land uses, the County's Comprehensive Plan does not adequately address potential encroachment issues with Naval Air Station Key West. 7 Action: Add back military coordination policies including disclosure and sound attenuation FLUM map Monroe County did not include FLUM amendments identifying the Deep Port Harbor. Policy 101.4.18 Includes the term "workforce housing." The Monroe County Comprehensive Plan and the land development code do not define workforce housing. Policy 101.4.19 The policy requires that 40% of the upland area be developed with "non residential working waterfront uses ... as defined in F.S. Sec. 315.02(6) and 342.07." It is not clear what is meant by "non residential working waterfront uses." The data and analysis indicates that hotels/motels, restaurants, etc would not count toward the minimum 40•/o preservation of working waterfront, but the Policy references Section 342.07, F.S. which includes hotels/motels as part of working waterfronts. The data and analysis also indicates that the 40% preservation area would be "dedicated, through deed restriction in perpetuity, to non-residential working waterfront uses" but the Policy does not establish that deed restrictions, running with the land, are required. The policy also does not establish the percentage distribution among the mix of uses allowed within the Deep Port Harbor. Action: Clarify in the policy that hotels/motels are not considered working waterfront. Clarify the need for a deed restriction. On mixed use development and in the Deep Port Harbor, establish a minimum percent of commercial/residential uses. Working waterfront uses have been established, however, Rule 9J-5 requires a percentage allocation between commercial and residential in mixed use land use districts. Policy 101.4.21 The density assigned to transient uses previously was # of rooms/spaces per acre. The current policy assigns density based upon # units/spaces per acre. The LDRs will need to be amended to ensure that the definition of hotel/motel (and/or other transient units) and the assigned density in the Zoning districts are consistent with Policy 101.4.21. Action: Definition of hotel/motel room and density assignments need to be amended in LDRs. Policy 219.1.2 (1) This policy allows "water dependent facilities, including hotels that provide public boating access, may be constructed along the waterfront on any parcel that provides commercial, recreational and/or public boating access to marine and coastal waters." Action: Add language to clarify that water dependent facilities, including hotels, may be constructed on any parcels provided that this use is an allowed use within the Future Land Use Map Designation. Comment: The County should re-evaluate the FLUM designations that allow hotels/motels. Hotels/Motels are allowed within the Institutional, Military, Recreation, Residential High, and Mixed Use Commercial FLUM designations. Staff recommends that the County considering removing the potential for new hotels in Military, Institutional, and Recreation designations. Policy 219.1.2 (3)(a) and (b) (3)(a) creates a density bonus program allowing an increase of hotel and residential units rooms half way between allocated density and maximum net density in exchange for the preservation of 50% of the upland area for non-residential working front uses. (3)(b) creates a density bonus program allowing an increase of hotel and residential units rooms to maximum net density in exchange for the preservation of 60% of the upland area for non- residential working front uses. Increasing the potential for residential development is inconsistent with the constrained growth policies of the Comprehensive Plan and the intent of waterfront preservation. The data and analysis provides examples for the tiered bonus program and the potential build out within the Deep Port Harbor but data has not been projected for the acreage within the Commercial Fishing District and Mixed Use zoning districts. Further, this policy should refer to the Commercial Fishing and Mixed Use FL UM designations and not zoning districts. Data and analysis is needed regarding the potential build out yield of all the acreage within the Commercial Fishing and Mixed Use FLUM designations. Analysis should also include an analysis of demand for water and sewer, and trip generation for the build out and the impact on road concurrency. Action: Complete the following build out table calculating the land use designation acreage times the density allowed, including bonuses, to determine the maximum yield of the land use designations. For example: FLUM Total density/ac Max Total Nonresidentia Total acreage re density/ potential I I intensity I potential I Acre Residential nonresidentia (w/bonus) units I square footage Once the build out is calculated, multiply the build out units times the level of service standard for water and wastewater to determine the maximum demand and availability of water and wastewater supply. Obtain the uncommitted balance of water supply and determine if there is enough water supply to meet the projected demand for all three land uses where the bonuses are available. Amendment #, Name & RE# Acres Current FLUM [units per acre] Proposed FLUM [units per acre] Net Difference Potable water Potable Potable water Projected water supply capacity Water LOS based upon FLUM committe amendment dasof <date> The bonus established in (3)(b) allows an increase of hotel and residential units rooms to maximum net density which is inconsistent with Policy 101.4.21 note (i). Maximum Net Density is the maximum density allowable with the use of TDRs. The proposed policy does not address the requirement of development rights being extinguished and transferred to obtain max net densities. The data and analysis also states that the preservation of the upland area for the bonuses would be accomplished through a recorded deed restriction that dedicates in perpetuity but the Policy does not establish that deed restrictions, running with the land, are required. Action: Recommend using some other term other than "max net." Clarify the need for a deed restriction and add language requiring the easement in the policy. Action: The bonus could result in increased market rate residential density on properties located in noise contours CNR 2 and CNR 3 of the 1977 AICUZ and the 65 DNL and higher noise contours of the 2007 AICUZ Update as well as the Accident Potential Zones. The proposed bonus, allowing increased residential density may not be compatible with military installations. Department recommends adding language indicating the bonuses are not provided within the noise contours CNR 2 and CNR 3 of the 1977 AICUZ and the 65 DNL and higher noise contours of the 2007 AICUZ Update as well as the Accident Potential Zones. Transient Redevelopment Data and analysis states: Based on the comments from both the DCA and the BOCC regarding the current language governing transient uses staff has modified the proposed amendment to change from a room/unit nomenclature to a more understandable unit/bedroom system. This is applied through one (1) unit consisting of some number of bedrooms. A unit is the overarching term. This change is reflected in the proposed density chart found in policy 101.4.21 and shown above. Pursuant to the direction of the BOCC, staff has researched hotel room conversion models utilized by Keys municipalities and determined that the Marathon model is the most logistically sound and provides an effective basis on which to develop the County's model. Staff is recommending that Monroe County use a similar approach by amending (e) of the current definition of hotel or motel unit, as stated above, and provide a conversion system similar to the City of Marathon to be located in the land use density section of the Land Development Code. Action: Department would recommend adding a Policy that addresses transient redevelopment (the Marathon Model or other method). Clarify language with maximum bedroom, bathroom and size limits so there will be no loop holes in terms or interpretation. The current definition of a hotel room uses language describing bedroom/bathroom combinations that would currently allow more than one bedroom or more than 1 and %2 bathrooms as long as they are not "combinations. The proposed remedial amendment and settlement agreement contained language somewhat different than the model referenced below just for your reference. Remedial amendment transient redevelopment language A public lodging unit is a transient residential use that shall consist of no more than 3 bedrooms. A one story public lodging unit cannot exceed 1400 habitable, airconditioned square feet, a two story public lodging unit cannot exceed 1500 habitable, air-conditioned square feet and a three story public lodging unit cannot exceed 1700 habitable, air- conditioned square feet. ROGO allocations for the development of state -licensed public lodging facilities may be accomplished through transfer or competition within the Monroe County ROOO pool. "Transfer shall be governed through the following procedure: ROGO allocations for the development of state -licensed public lodging facilities may be accomplished only through the transfer from: a) a lawfully established state licensed public lodging facility or b) a lawfully established recreational vehicle park within Monroe County or c) a municipal division of Monroe County with a resolution from the sending local government. A residential dwelling unit (ROGO) allocation transferred to the DPFI Future Land Use Category for development of a public lodging unit may be redeveloped at the following ratios: 1. one (1) bedroom, two (2) bedroom, or three (3) bedroom public lodging units may be developed by transferring allocations from units having an equivalent number of bedrooms, without a reduction in the number of transferred units; 2. two (2) bedroom public lodging units may be developed at the rate of ninety percent (90%) of the one (1) bedroom units being transferred; and 3. three (3) bedroom public lodging units may be developed at the rate of eighty-five percent (85%) of the one (1) bedroom units being transferred. Marathon LDR Existing Marathon Model Section 104.25.1 Hotels or Motels. An existing hotel or motel may be redeveloped pursuant to Table 103.15.1, subject to the following standards: A. General Provisions: 1. Until such time as Council approves the use of residential dwelling unit allocations for hotel or motel units, no new hotel or motel units shall be allowed in the City of Marathon. Approval shall be limited to the redevelopment of existing hotels and motels, subject to the criteria established in Subsection B., below. 2. Each hotel or motel shall comply with all mandatory hurricane evacuation requirements set forth by the City for hotel, motel, and other transient uses. 3. Each hotel or motel shall establish and maintain shuttle transport services to airports and tourist attraction individually or in conjunction with other hotel or motel operators. 4. All hotel or motels shall provide on- or off -site employee housing living space in an amount equal to a minimum of 20 percent (as may be adjusted from time to time by Council policy to reflect economic conditions) of the approved floor area in guest units; and such housing shall be of any of the following types: (a) Dormitory; (b) Studio, or (c) One (1) or two (2) bedroom units. 5. All entrances to a hotel or motel unit shall share the same key or means of controlling access so that the hotel or motel room as defined herein is not divisible into separately rentable units. B. Redevelopment Criteria: 1. An existing hotel or motel room may be redeveloped to a unit not exceeding 1,500 square feet consisting of no more than two and one-half (2 1/2) bathrooms, three (3) bedrooms and one (1) other living area, subject to the following rates of redevelopment: (a) A one (1) bedroom unit may redevelop as a one (1) bedroom unit, without a reduction in the number of units; (b) A one (1) bedroom unit may redevelop as a two (2) bedroom unit at the rate of 90 percent of the one (1) bedroom units being redeveloped as two (2) bedroom units; and (c) A one (1) bedroom unit may redevelop as a three (3) bedroom unit at the rate of 85 percent of the one (I ) bedroom units being redeveloped as three (3) bedroom units. 2. The number of units reduced and not included in the redevelopment shall be tracked over time and registered with the City as Conditional Redevelopment Units and reflected in the data and analysis of the Comprehensive Plan as it is amended. 3. Existing hotel units, which exceed allocated densities, may redevelop provided: (1) the parcel has a stormwater management system which meets the requirements of Article 11, of Chapter 107; (2) the wastewater treatment system meets Best Available Treatment wastewater standards; and (3) the structures meet the shoreline setback criteria as established in Article 4 "Open Water, Surface Waters and Wetlands" of Chapter 106. 4. As a condition of redevelopment, the developer and the City shall enter into a Development Agreement, in addition to compliance with all other provisions of the Code. 5. The City may consider, at a future time, proposed amendments to the LDRs to authorize the construction of Conditional Redevelopment Units. Prior to the consideration of such amendment, the City must demonstrate that: (1) a significant reduction in Hurricane Clearance Time has been achieved for the mandatory evacuation of permanent residents; (2) the Conditional Redevelopment Units have been tracked; and (3) other environmental and land use issues have been addressed. 6. Notwithstanding the foregoing, the developer of a hotel or motel containing less than 12 units may convert existing, lawfully established accessory floor area in the hotel or motel to a second bedroom or third bedroom, as the case may be, to an adjacent existing hotel or motel unit without triggering the requirements of Subsections B.1 or 13.4 above; provided, however, that the additional floor area hereunder shall not exceed 425 square feet per unit or 850 square feet in the aggregate per property.