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Item L7 0 CM ounty of onroe BOARD OF COUNTY COMMISSIONERS  Mayor George Neugent, District 2 Mayor Pro Tem David Rice, District 4 TheFloridaKeys Danny L. Kolhage, District 1 Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting February 15, 2017 Agenda Item Number: L.7  Agenda Item Summary #2667 BULK ITEM: DEPARTMENT: No BOCC District 3 TIME APPROXIMATE:STAFF CONTACT: Carol Schreck (305) 292-3430 10:00 A.M. AGENDA ITEM WORDING: Discussion and direction to staff to propose an Interim Development Ordinance to not process private applications for comprehensive plan or land development code amendments, development agreements (including 380 development agreements), and minor and major conditional use permits, with proposed occupancy by "three unrelated people" or "two unrelated people and any children related to either of them" of a dwelling unit until the BOCC can review and possibly amend the comprehensive plan and land development code regarding the definitions of dwelling unit; household; and family and the undefined term "lock-out" of a dwelling unit. ITEM BACKGROUND: The requirement in Florida Statute, Administration Commission Rule and Comprehensive Plan is that hurricane evacuation clearance be within 24 hours. The policies and regulations adopted in the Monroe County Comprehensive Plan and Land Development Code are to maintain public health, safety, and welfare of the citizens of the Florida Keys and to strengthen our local government capability to manage land use and development. There has been recent discussion regarding the use of - comprehensive plan or land development code but typically defined as a separate space with a bedroom/bathroom) within a dwelling unit. -g the recently adopted comprehensive plan and land development code amendments, adopted in April 2016. Further edits may be needed to specifically address current definitions of Dwelling Unit, Household, Family, and Permanent Residential unit and the unde- History of Definitions: Prior to the adoption in April 2016 of the 2030 Comprehensive Plan and Land Development Code, the 2010 Comprehensive Plan included: 2010 Comprehensive Plan and Land Development Code: 4EGOIX4K 0 The previous 2010 Comprehensive Plan did not include any definitions or any policies related to the - potentially habitable structure without the requirement of a separate ROGO allocation. Instead, the code relied on the definition of dwelling unit and did not limit the occupancy by unrelated family members. 2010 Land Development Code definitions Dwelling unit means one or more rooms physically arranged to create a housekeeping establishment for occupancy by one family with separate toilet facilities. The abbreviation "DU" means dwelling unit. Permanent residential unit means a dwelling unit that is designed for, and capable of, serving as a residence for a full housekeeping unit which includes a kitchen composed of at least a refrigerator and stove.* The Land Development Code did not include a definition for family. 2030 Comprehensive Plan: The newly adopted 2030 Comprehensive Plan includes the following new definitions: Dwelling Unit means one or more rooms physically arranged for occupancy by one household sharing common living, cooking, and toilet facilities. Household means all the people who occupy a housing unit. A household includes the related family members and all the unrelated people, if any, such as lodgers, foster children, wards, or employees who share the housing unit. A person living alone in a housing unit, or a group of unrelated people sharing a housing unit such as partners or roomers, is also counted as a household. Family means a person living alone, or people living together as a single household and sharing common living, cooking, and toilet facilities: (1) Any number of people related by blood, marriage, adoption, guardianship, or duly authorized custodial relationship; (2) three unrelated people; (3) two unrelated people and any children related to either of them. The newly adopted 2030 Code includes the following definitions: Dwelling unit means one or more rooms physically arranged for occupancy by one residential household sharing common living, cooking, and toilet facilities. 4EGOIX4K 0 Household means all the people who occupy a housing unit. A household includes the related family members and all the unrelated people, if any, such as lodgers, foster children, wards, or employees who share the housing unit. A person living alone in a housing unit, or a group of unrelated people sharing a housing unit such as partners or roomers, is also counted as a household. Family means a person living alone, or people living together as a single household and sharing common living, cooking, and toilet facilities: (1) Any number of people related by blood, marriage, adoption, guardianship, domestic partnership or duly-authorized custodial relationship; (2) Three unrelated people; (3) Two unrelated people and any children related to either of them. Permanent residential unit means a dwelling unit that is designed for, and capable of, serving as a residence for a household for non-transient occupancy, excluding hotel, motel, and recreational vehicle. * This definition is currently included in the Land Development Code but that term only appears once, in one Section 138-22(2)b.2.(i). PREVIOUS RELEVANT BOCC ACTION: December 11, 2013: Development Agreement approved by BOCC for Oceanside Investors allowing the transfer of 46 market-rate TREs from three sender sites to the Oceanside property, with the transferred market- amount of 99-year 4EGOIX4K 0 deed-restricted affordable housing, prior to a C.O. being issued for market-rate units at Oceanside. The agreement approved the addition of up to 78 [32+ 46] new, market-rate residential dwelling units, which may be used as vacation rentals, up to 5 new hotel rooms, a new restaurant with up to 150 seats, and other improvements related to the existing, partially-condominiumized marina and accessory development. June 30, 2014: BOCC approved a right-of-way abandonment of a segment of Peninsular Avenue located north of the Oceanside property (lying between Block 46 and Block 60). As a result, the Oceanside property increased in size. 2014: Oceanside Investors entered into a purchase and sale agreement with Monroe County to purchase the Hickory House property located north of the Oceanside property. On February 3, 2015, Oceanside Investors closed on the Hickory House property. As a result, the Oceanside Marina property increased in size. December 10, 2014: Development Agreement approved by BOCC for the 1st amendment to the development agreement, adding adjacent property and the abandoned right-of-way, increased the allowed number of hotel rooms from 5 to 17, allowed the transfer of up to 12 vested rights associated with a previous approval re March 18, 2015: BOCC approved a right-of-way abandonment of a segment of Peninsular Avenue located north of the Oceanside property (lying between Block 46 and Block 60). As a result, the Oceanside Marina property increased in size. June 10, 2015: Development Agreement approved by BOCC for the 2nd amendment to the development agreement, adding adjacent abandoned right-of-way, increased the total number of transferred market rate residential units from 78 to 79 [32+ 47] and amended the conceptual site plan. CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: DOCUMENTATION: oceanside summary timeline and staff _2-1-17 (MinuteTraq printer) FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: 4EGOIX4K 0 Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match : Insurance Required: Additional Details: REVIEWED BY: Bob Shillinger Completed 02/01/2017 2:54 PM Kathy Peters Completed 02/01/2017 3:07 PM Board of County Commissioners Pending 02/15/2017 9:00 AM 4EGOIX4K 0E Timeline of Approvals& Staff Summaryof item approved Approved by Planning Director Tim McGarry1996: Development Order #12-96, a minor conditional use on July23, 1996permit for part of the Oceanside property, 5970 Peninsular Avenue (real estate # 00127420-000100 only) allowed for the construction of a 9,600 SF storage building and other associated accessory improvements. Approved by Planning Commission on July1997: PC Resolution # P52-97, an amendment to themajor conditional use permit 10, 1997for part of the Oceanside property, 5950 Peninsular Avenue (real estate # 00127420-000000 only) allowed for the construction of 22 attached, market rate residential dwelling units;one boat storage building; an addition to an existing restaurant; and other associated accessoryimprovements. Development Agreement Signed by CountyMayor, ShirleyFreeman,1999:between the County, the on January 19, 2000Florida Department of CommunityAffairs, Paradise Island Park, Inc. and KeyWest Oceanside allowing the transfer of 22 market-rate TREs and TDRs from Paradise Island Park to the Oceanside property (recorded on April 7, 2000). Following issuance of PC Resolution # P52-97, Oceanside Investors’ predecessor in interest acquired 5970 Peninsular Avenue. Further, the 22 attached, market rate residential dwelling unitswere constructed. 380 Agreement Signed by CountyMayorMcCoyonJuly19,2006:between Overseas Redevelopment 2006Company, LLC, Department of Community Affairs and Monroe County allowing the redevelopment of Overseas Trailer Park on Stock Island as a 49-unit workforce housing project and the offsite transfer of 32 market rate ROGO exemptions. major Approved by Planning Commission on April 2007: PC Resolution # P21-07, an amendment to a conditional use permit 11, 2007 (vote:three Yes, one No, and one for part of the current Oceanside Absent)property,5950 and 5970 Peninsular Avenue (real estate # 00127420-000000 and 00127420-000100, as well as other Aref Joulani is Planning Directorproperty associated with a condominium development) allowed for the demolition of several buildings and Staff report by Julianne Thomasconstruction of 32 attached, market-rate residential dwelling units;2 boat barns; 8 wet slips; and other associated accessory (Applicant is Kings Point Marina LLC)improvements.P21-07 authorized vacation rentaluse of the 32 attached dwelling units and linked the affordable housing Transmitted to DCA on 5/11/07, DCA did not project at Overseas Trailer Park to serve as the required appeal the item.affordable housing for this project. PC authorizes the vacation rental use of attached units. Development Agreement Resolution 402-20132013:approved for Oceanside Investorsallowing the transfer(1:1)of 46 market-rateTREs Approved by BOCC on December 11, 2013 from three sender sitesto the Oceanside property, with the (Mayor Sylvia Murphy –unanimoustransferred market-rate TRE’s to be converted to, or replaced approval)with, an equivalent amount of 99-year deed-restricted 16 Pageof 4EGOIX4K 0E affordable housing, prior to a C.O. being issued for market-rate Staff report by Joe Habermanunits atOceanside. The agreement approved the addition of up to78new, market-rate residential dwelling units, [32+ 46] TownsleySchwabis Planning Directorwhich may be used as vacation rentals, up to 5 new hotel rooms, a new restaurant with up to 150 seats, and other BOCC Agenda item summary staff contact: improvements related to the existing, partially- Joe Haberman & Christine Hurleycondominiumized marina and accessory development. PC recommended approval to BOCCvia Resolution P29-13, approved on November 15, 2013 –unanimous approval Transmitted to DEO (formerlyDCA) on 1/3/14, DEO did not appeal the item. Approved by Planning Commission on 2013: PC Resolution # P04-14, an amendment to the major conditional use permit February 26, 2014to improve the marina’s facilities, construct78 new market rate residential dwelling units, Staff report by Joe Habermanconstruct5 new hotel rooms, construct a new restaurant and carry out associated site improvements. TownsleySchwab is Planning Director Transmitted to DEO (formerlyDCA) on 5/1/14, DEO did not appeal the item. Approved by Planning Director Townsley2014: Development Order #04-14, a minor conditional use Schwab on November 19, 2014permit allowing the transfer of 9.3TDR’srequired to facilitate the project approved for the Oceanside property. The Staff report by Karl Bursa & Mike Roberts Development Order required the sender site(s) to be a) dedicated to the County or b) placed in a conservation Transmitted to DEO (formerlyDCA) on easement prohibiting its future development. 12/19/14, DEOdid not appeal the item right-of-way Resolution 116-20142014: Resolution # 116-2014 approved for a abandonment of a segment of Peninsular Avenue located Approved by BOCC on June 30, 2014 (Mayornorth of the Oceanside property(lying between Block 46 and Sylvia Murphy–vote:three Yes, one No, and Block 60). As a result, the Oceanside property increased in one Abstained)size. Staff report by Joe Haberman TownsleySchwabis Planning Director BOCC Agenda item summary staff contact: Joe Haberman & Christine Hurley Memo from Susan Grimsley& Bob Shillinger (memo addresses termination of right of way on water) Does not get sent to DEO per MOU BOCC approved Commercial Purchase and 2014: Oceanside Investors entered into a purchase and sale 26 Pageof 4EGOIX4K 0E Sale Agreement on August 20, 2014. (Mayoragreement with Monroe Countyto purchase the Hickory House Sylvia Murphy–vote: four Yes, one No)property located north of the Oceanside property.On February 3, 2015, Oceanside Investors closed on the Hickory House property. As a result, the Oceanside Marina property increased in size. Resolution 373-20142014: Resolution # 373-2014,1 st amendment to the development agreement , adding adjacent propertyand the Approved by BOCC on June 10, 2015 (Mayorabandoned right-of-way,increased the allowed number of Danny Kolhage–unanimous approval)hotel rooms from 5 to 17,allowed the transfer of up to 12 vested rights associated with a previous approval related to Staff report by Joe HabermanHawk’s Cayand amended the conceptual site plan. TownsleySchwab is Planning Director BOCC Agenda item summary staff contact: Joe Haberman & Christine Hurley PC recommended approval to BOCC via Resolution P40-14, approved on November 19, 2014–unanimous approval(Lustberg absent) Transmittedto DEO (formerly DCA) on 1/7/15, DEO did not appeal the item. Approved by Planning Director Townsley2014: Development Order #06-14, a minor conditional use Schwabon December 12, 2014permit allowing the transferof24.1TDRsrequired to facilitate the project approved for the Oceanside property. The Staff report byMatt CoyleDevelopment Order required the sender site(s) to be a) dedicated to the County or b) placed in a conservation Transmitted to DEO (formerlyDCA) on easement prohibiting its future development. 1/12/15, DEOdid not appeal the item Resolution 115-20152015: Resolution # 115-2015 approved for a right-of-way abandonment of a segment of Peninsular Avenue located Approved by BOCC on March 18, 2015 north of the Oceanside property(lying between Block 46 and (Mayor DannyKolhage–vote:one No, four Block 60). As a result, the Oceanside Marina property Yes)increased in size. Staff report by Joe Haberman TownsleySchwabis Planning Director (During BOCC meeting, MaytéSantamaria appointed replacement Planning Director after Townsley’s retirement –up to 6 month overlap-expected to retire April 2015) BOCC Agenda item summary staff contact: Joe Haberman & Christine Hurley Does not get sent to DEO per MOU 36 Pageof 4EGOIX4K 0E ApprovedbyPlanning Commission on 2015: PC Resolution # P41-14, an amendment to the major conditional use permit November 19, 2014 (unanimous approval-to add adjacent property and the Lustberg absent)abandoned roadway, increase the allowed number of hotel rooms from 5 to 17and amend the approved site plan. Staff report by Joe Haberman TownsleySchwab is Planning Director Transmitted to DEO (formerlyDCA) on 4/24/15, DEOdid not appeal the item. Approved by Planning Director Mayté2015: Development Order #04-15(typo previously typed 06- Santamaria on May 22, 201515), a minor conditional use permit allowing the transfer of 5 transient TREsto the Oceanside property. Staff report by Matt Coyle&Joe Haberman Transmitted to DEO (formerlyDCA) on 6/25/15, DEOdid not appeal the item Resolution 158-20152015: Resolution No. 158-2015,2 nd amendment to the development agreement , adding adjacent abandoned right-of- Approved by BOCC on June 10, 2015 (Mayorway, increased the total number of transferred market rate Danny Kolhage–unanimous approval)residential units from 78 to 79 and amended the [32+ 47] conceptual site plan. Staff report by Matt Coyle TownsleySchwabis Planning Director(Dec 2014 Mayté Santamaria appointed replacement Planning Director after Townsley’s retirement –up to 6 month overlap) BOCC Agenda item summary staff contact: Matt Coyle & Christine Hurley PC recommended approval to BOCC via ResolutionP11-15, approved on April 29, 2015–unanimous approval (Werlingabsent) Transmitted to DEO (formerlyDCA) on 8/12/15, DEO did not appeal the item. Approved by Planning Director Mayté2015: Development Order #05-15, a minor conditional use Santamaria on June 25, 2015permit allowing the transfer of 45 ROGOmarket rate exemptions to the Oceanside Property. Staff report by Matt Coyle Transmitted to DEO (formerlyDCA) on 7/27/15, DEOdid not appeal the item Approved by Planning DirectorMayté2015: Development Order #07-15, a minor conditional use Santamaria on October 22, 2015permit allowing the transfer of 2 ROGOmarket rate exemptions to the Oceanside Property. 46 Pageof 4EGOIX4K 0E Staff report by Matt Coyle& Joe Haberman Transmitted to DEO (formerlyDCA) on 12/10/15, DEO did not appeal the item Approved by Planning Director Mayté2015: Development Order #09-15, a minor conditional use Santamaria on October 22, 2015permit allowing the transfer of 0.4 TDR’sto the Oceanside property.The Development Order required the sender site(s) to Staff report byMatt Coyle & Mike Robertsbe a) dedicated to the Countyor b) placed in a conservation easement prohibiting its future development. Transmitted to DEO (formerlyDCA) on 12/10/15, DEOdid not appeal the item Approved by Planning Director Mayté2015: Development Order #08-15, a minor conditional use Santamaria on October 22, 2015permit allowing the transfer of 1 TDRto the Oceanside property.The Development Order required the sender site(s) to Staff report byMatt Coyle & Mike Robertsbe a) dedicated to the Countyor b) placed in a conservation easement prohibiting its future development. Transmitted to DEO (formerlyDCA) on 12/10/15, DEOdid not appeal the item Approved by Planning Director Mayté2015: minor deviation approved to the major conditional use Santamaria on December 10, 2015permit in order to allow the construction of one additional market rate residential dwelling unit. Staff report by Matt Coyle Does not get sent to DEO per MOU Approved by Planning Director Mayté 2016: minor deviation approved to the major conditional use Santamaria on February 1, 2016permit in order to revise the approved site plan by removing the resort swimming pool on the northernmost parcel (RE # Staff report by Matt Coyle00126210-000000), relocation of the watersports, fitness and restroom building and the reconfiguration of the off-street Does not get sent to DEO per MOUparking for the site. Approved by Planning Director Mayté2016:minor deviationapproved to the major conditional use Santamaria on August1, 2016permit in order to revise the approved site plan by removing of the gatehouse building and the repositioning of the proposed Staff report by Devin Rainsdockmaster building, the reconfiguration of the off-street parking (parking maintained at 346 spaces), sidewalks, add Does not get sent to DEO per MOUarbors, add the provision for bait and ice vending and expansion of the fish cleaning station, and other changes to open space for the site (File # 2016-103). Approved by PlanningCommission on 2016: 6COP S (Special Motel/Hotel) Alcoholic Beverage Use December 15, 2016Permit approval, which would allow beer, wine and liquor in connection with operation of hotel, motel, motor court or Staff report by Kevin Bond condominium; sale by the drink for consumption on premises and package sales in sealed containers Mayté Santamaria is Planning Director Does not get sent to DEO per MOU 56 Pageof 4EGOIX4K 0E Approved by Planning Director Mayté2016: Exemption to a Special Vacation Rental Permit Santamaria onDecember 23, 2016approval, exemption onlyapplies to the 79 market-rate residential dwelling units, configured into “lockouts” Staff report by Kevin Bondconsisting of no more than one bedroom and one bathroom, which maybe used as vacation rentalspursuant to the Does not get sent to DEO per MOUapproved Development Agreement (the original agreement approved on December 11, 2013 via BOCC Resolution No. 402-2013; the first amendment to the agreement approved on December 10, 2014 via BOCC Resolution No. 373-2014; and the second amendment to the agreement approved on June 10, 2015 via BOCC Resolution No. 158-2015). 66 Pageof 4EGOIX4K , 400:. : 40 r Habitat , for Humanity Board of Directors of Key West and Debbie Batty, President Commissioner Heather Carruthers Lower Florida Keys David Kolhagen, Treasurer BOCC, District 3 Warren Leamard, Secretary Donna Bosold Key West, FL 33040 Ron Hammer Rev. Terri Hill , Re: Agenda item L.7, County Commission Meeting on February 15, 2017 Tim Rot , Stan Rzad Discussion and direction to staff to propose an Interim Development Ordinance Gary Walwer Tevis Wernicoff Dear Commissioner Carruthers, Mark Moss, Executive Director We are fully supportive of the proposed effort to ensure that the Monroe County Advisory Committee Comprehensive Plan and the Land Develo Code contain the definitions and Betsy Dietz, Chair analysis of undefined terms necessary to strengthen our local government capability to Bill Braden manage land use and development. Michael Browning Billy Davis Patricia Fables Our concern today is that the Minor Conditional Use Permit request filed by Habitat for Fred y Key y Fielder Humanity of Ke West & the Lower Florida Keys, Inc., that is currentl y set for hearing Fred & Sue Hildebrandt Fd Laurie McChesney by the Development Review Committee on February 21, 2017, may not be allowed to be George Neugent processed under the present wording of the agenda item. Janice Nicowski Richard Puente Toni Smith Our permit request seeks the development of ten (10) employee residential dwelling Alan Teitelbaum , units previously approved in 2008 that will provide permanently affordable home Owen Trepanier Don Whitehead ownership to very low, low and moderate income residents who earn their living in Donna Windle Monroe County. We do not discriminate on the basis of household composition. Liz Young Admin. Office We seek your input on how to clarify that the proposed moratorium on all processing 6631 Maloney Ave. of private applications does not have the unintended effect of delaying this affordable Key West, FL 33040 housing project. As you know, the parcel of land on Big Coppitt being developed for Mailing Address this affordable housing is leased from Monroe County. P.O. Box 5873 Key West, FL 33045 We opened our Homeowner Selection process February 1St. Five families have already Tel :305 - 294 -9006 applied. Fax : 815 - 550 -8863 habitatlowerkeys.org Thank you for your attention and effort on this important matter. Shop. Donate. Volunteer Sin rely, a Habitat for Humanity kirin Re Sth re D. Mark Moss v builditohabitatlowerkeys.org 30320 Overseas Hwy. 305 407 4070 Big Pine Key, FL 33043 Tel: 305 -872 -2883 305 294 9006 cc. Sylvia Murphy, Danny Kolhage, David Rice, George Neugent Habitat's vision is for a world where everyone has a decent place to live.