Item N2BOARD OF COUNTY COMMISSIONERS
C ounty of M onroe A(I Mayor George Neugent, District 2
Ile Florida Keys 4� �� � m i =U, Mayor Pro Tem David Rice, District 4
l Danny L. Kolhage, District I
„; ° W Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
August 16, 2017
Agenda Item Number: N2
Agenda Item Summary #2625
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper (305) 289 -2506
3:00 P.M. PUBLIC HEARING
AGENDA ITEM WORDING: APPLICATION WITHDRAWN BY THE APPLICANT. A
resolution by the Monroe County Board of County Commissioners transmitting to the State Land
Planning Agency an ordinance by the Monroe County Board of County Commissioners amending
Monroe County Year 2030 Comprehensive Plan Policy 01.5.29, to allow Lawfully established
transient units to be entitled to a density of one transient unit per Lawfully established transient unit
and not be considered nonconforming as to density, and to allow the density of Lawfully established
transient units to be replaced with up to the same density of permanent employee housing dwelling
units notwithstanding density limitations of the future land use map categories and subject to the
award of Affordable ROGO Allocations, a development agreement, and a major conditional use
permit; Providing for Severability; Providing for Repeal of Conflicting Provisions; Providing for
Transmittal to the State Land Planning Agency and the Secretary of State; Providing for inclusion in
the Monroe County Comprehensive Plan; Providing for an Effective Date.
ITEM BACKGROUND: APPLICATION WITHDRAWN BY THE APPLICANT.
PREVIOUS RELEVANT BOCC ACTION:
BOCC 2/15/17 (P2): The applicant requested the Feb. 15 public hearing be continued. The Board
continued the public hearing to the April 12 meeting in Marathon, FL.
BOCC 4/12/17 (N3): At the request of the applicant, the Board continued the public hearing to the
August 16, 2017 meeting in Key West, FL.
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: N/A
DOCUMENTATION:
Transmittal Resolution- 1211 Overseas LLC
Exhibit A to Resolution - Draft Ordinance - 1211 Overseas LLC CP text amendment
Staff Report - 1211 Overseas LLC CP text amendment
Exhibit 1 to Staff Report - Hotels_TierIll
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date: N/A
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Current Year Portion: N/A
Budgeted: N/A
Source of Funds:
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: N/A
Grant: N/A
County Match: N/A
Insurance Required: N/A
Additional Details: N/A
If yes, amount: N/A
REVIEWED BY:
Mayte Santamaria
Completed
Steve Williams
Completed
Jaclyn Carnago
Completed
Assistant County Administrator Christine
Hurley
01/31/2017 3:43 PM
Budget and Finance
Skipped
Maria Slavik
Skipped
Emily Schemper
Completed
Mayte Santamaria
Completed
Kathy Peters
Completed
Board of County Commissioners
Completed
01/27/2017 12:28 PM
01/30/2017 9:59 AM
01/30/2017 3:09 PM
Completed
01/25/2017 10:33 PM
01/25/2017 10:33 PM
01/31/2017 4:01 PM
01/31/2017 4:32 PM
01/31/2017 4:34 PM
02/15/2017 9:00 AM
2 a
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g MONROE COUNTY, FLORIDA
9 BOARD OF COUNTY COMMISSIONERS
10 RESOLUTION NO. -2017
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12 A RESOLUTION BY THE MONROE COUNTY BOARD OF
13 COUNTY COMMISSIONERS TRANSMITTING TO THE
14 STATE LAND PLANNING AGENCY AN ORDINANCE BY
15 THE MONROE COUNTY BOARD OF COUNTY
16 COMMISSIONERS AMENDING MONROE COUNTY YEAR
17 2030 COMPREHENSIVE PLAN POLICY 101.5.29, TO ALLOW
18 LAWFULLY ESTABLISHED TRANSIENT UNITS TO BE
19 ENTITLED TO A DENSITY OF ONE TRANSIENT UNIT PER
20 LAWFULLY ESTABLISHED TRANSIENT UNIT AND NOT
21 BE CONSIDERED NONCONFORMING AS TO DENSITY,
22 AND TO ALLOW THE DENSITY OF LAWFULLY
23 ESTABLISHED TRANSIENT UNITS TO BE REPLACED
24 WITH UP TO THE SAME DENSITY OF PERMANENT
25 EMPLOYEE HOUSING DWELLING UNITS
26 NOTWITHSTANDING DENSITY LIMITATIONS OF THE
27 FUTURE LAND USE MAP CATEGORIES AND SUBJECT TO
28 THE AWARD OF AFFORDABLE ROGO ALLOCATIONS, A
29 DEVELOPMENT AGREEMENT, AND A MAJOR
30 CONDITIONAL USE PERMIT; PROVIDING FOR
31 SEVERABILITY; PROVIDING FOR REPEAL OF
32 CONFLICTING PROVISIONS; PROVIDING FOR
33 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY
34 AND THE SECRETARY OF STATE; PROVIDING FOR
35 INCLUSION IN THE MONROE COUNTY COMPREHENSIVE
36 PLAN; PROVIDING FOR AN EFFECTIVE DATE
37
38
39 WHEREAS, the Monroe County Board of County Commissioners conducted a public
40 hearing for the purpose of considering the transmittal pursuant to the State Coordinated Review
41 Process in Sec. 163.3184(4), F.S., to the State Land Planning Agency for objections,
42 recommendations and comments, and to the other Reviewing Agencies as defined in Sec.
43 163.3184(1)(c), F.S., for review and comment on a proposed amendment to the Monroe County
44 Year 2030 Comprehensive Plan as described above; and
45
Resolution No. -2017 Page 1 of 2
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WHEREAS, the Monroe County Planning Commission and the Monroe County Board
of County Commissioners support the requested text amendment;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The Board of County Commissioners does hereby adopt the recommendation of
the Planning Commission to transmit the draft ordinance, attached as Exhibit A,
for adoption of the proposed text amendment.
Section 2. The Board of County Commissioners does hereby transmit the proposed
amendment to the State Land Planning Agency for review and comment in
accordance with the State Coordinated Review process pursuant to Section
163.3184(4), Florida Statutes.
Section 3 . The Monroe County staff is given authority to prepare and submit the required
transmittal letter and supporting documents for the proposed amendment in
accordance with the requirements of Section 163.3184(4), Florida Statutes.
Section 4. The Clerk of the Board is hereby directed to forward a certified copy of this
resolution to the Director of Planning.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 12'' day of April, 2017.
Mayor George Neugent
Mayor Pro Tem David Rice
Commissioner Heather Carruthers
Commissioner Danny L. Kolhage
Commissioner Sylvia Murphy
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor George Neugent
(SEAL)
ATTEST: KEVIN MADOK, CLERK
DEPUTY CLERK
Resolution No. -2017
IRON OE COUNTY ORNEY
A OV D A$
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StEY N Y. �ILLIAM
ASS'51+ } N ATTORNEY
Date
Page 2 of
Packet Pg. 1423
Exhibit A to transmittal resolution
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=�r
MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. -201
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING MONROE COUNTY
YEAR 2030 COMPREHENSIVE PLAN POLICY 101.5.29, TO
ALLOW LAWFULLY ESTABLISHED TRANSIENT UNITS TO BE
ENTITLED TO A DENSITY OF ONE TRANSIENT UNIT PER
LAWFULLY ESTABLISHED TRANSIENT UNIT AND NOT BE
CONSIDERED NONCONFORMING AS TO DENSITY, AND TO
ALLOW THE DENSITY OF LAWFULLY ESTABLISHED
TRANSIENT UNITS TO BE REPLACED WITH UP TO THE
SAME DENSITY OF PERMANENT EMPLOYEE HOUSING
DWELLING UNITS NOTWITHSTANDING DENSITY
LIMITATIONS OF THE FUTURE LAND USE MAP CATEGORIES
AND SUBJECT TO THE AWARD OF AFFORDABLE ROGO
ALLOCATIONS, A DEVELOPMENT AGREEMENT, AND A
MAJOR CONDITIONAL USE PERMIT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE
STATE LAND PLANNING AGENCY AND THE SECRETARY OF
STATE; PROVIDING FOR INCLUSION IN THE MONROE
COUNTY COMPREHENSIVE PLAN; PROVIDING FOR AN
EFFECTIVE DATE.
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38 WHEREAS, on March 31, 2016, 1211 Overseas, LLC ( "the Applicant ") submitted an
39 application requesting amendments to Monroe County Comprehensive Plan Policies 101.5.29
40 and 101.3.10; and
41
42 WHEREAS, the Applicant requested to make changes to Policy 101.5.29 which would
43 allow lawfully established transient units to be entitled to a density of one (1) transient unit per
44 lawfully established transient unit and not be considered nonconforming as to density, and to
45 allow those lawfully established transient units to be replaced with permanent affordable housing
Ord -201
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Exhibit A to transmittal resolution
1 dwelling units at the same density, notwithstanding density limitations of the future land use map
2 designation of the subject property; and
3
4 WHEREAS, the Applicant also requested to make changes to Policy 101.3.10 which
5 would allow transient ROGO exemptions that are replaced by affordable housing ROGO
6 allocations pursuant to the proposed language of Policy 101.5.29 to be transferred between
7 subareas and between local government jurisdictions; and
8
9 WHEREAS, the Monroe County Development Review Committee (DRC) considered
10 the proposed amendment and provided for public comment at a regularly scheduled meeting held
11 on the 28 day of June, 2016; and
12
13 WHEREAS, at the DRC meeting, staff recommended several changes to the language of
14 the Applicant's proposed amendment to Policy 101.5.29 and based on public input given at the
15 DRC meeting, staff discussed additional changes to the language of the Applicant's proposed
16 amendment to Policy 101.5.29; and
17
18 WHEREAS, staff recommended denial of the Applicant's proposed amendment to
19 Policy 101.3.10; and
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21 WHEREAS, based on discussions during review of the application by the Development
22 Review Committee (DRC), the Applicant submitted revised proposed amendment language and
23 eliminated the proposed amendments to Policy 101.3.10; and
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25 WHEREAS, at a regularly scheduled meeting held on the 28 of September, 2016, the
26 Planning Commission (PC) held a public hearing to consider the proposed amendment, and
27 based on discussion and public input at the hearing, the PC suggested potential revisions to the
28 proposed amendment, and requested to continue the item to their October 26, 2016 meeting in
29 order to further evaluate the proposal and suggested revisions; and
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31 WHEREAS, the Monroe County Planning Commission held a second public hearing on
32 the 26 day of October, 2016, for review and recommendation on the proposed Comprehensive
33 Plan text amendment and provided for public comment; and
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35 WHEREAS, based on discussion and public input at the hearing, the PC recommended
36 revisions to the proposed amendment, documented in Resolution No. P29 -16; and
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38 WHEREAS, based upon the information and documentation submitted, the Planning
39 Commission makes the following Findings of Fact and Conclusions of Law:
40
41 1. The proposed amendment, with changes as directed by the Planning Commission, is
42 consistent with the Goals, Objectives and Policies of the Monroe County Year 2030
43 Comprehensive Plan; and
Ord -201
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Exhibit A to transmittal resolution
1 2. The proposed amendment, with changes as directed by the Planning Commission, is
2 consistent with the Principles for Guiding Development for the Florida Keys Area of
3 Critical State Concern, Sec. 380.0552(7), F.S.; and
4 3. The proposed amendment, with changes as directed by the Planning Commission, is
5 consistent with Part 11 of Chapter 163, Florida Statute; and
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WHEREAS, the Monroe County Planning Commission adopted Resolution No. P 29 -16
recommending approval of the proposed amendment; and
WHEREAS, at a regular meeting held on the 15th day of February, 2017, the Monroe
County Board of County Commissioners discussed the proposed text amendment and continued
the item to their April 12, 2017, regular meeting; and
WHEREAS, at a regular meeting held on the 12th day of April, 2017, the Monroe
County Board of County Commissioners held a public hearing to consider the transmittal of the
proposed text amendment, considered the staff report and provided for public comment and
public participation in accordance with the requirements of state law and the procedures adopted
for public participation in the planning process; and
WHEREAS, at the , 2017 public hearing, the BOCC adopted Resolution
, transmitting the proposed text amendment to the State Land Planning Agency; and
WHEREAS, the State Land Planning Agency reviewed the amendment and issued an
Objections, Recommendations and Comments (ORC) report, received by the County on
_ and
WHEREAS, the ORC report ; and
WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the
proposed amendment, adopt the amendment with changes or not adopt the amendment; and
WHEREAS, at a regularly scheduled meeting on the day of ,
201 the BOCC held a public hearing to consider adoption of the proposed Comprehensive
Plan text amendment;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The text of the Monroe County Comprehensive Plan is hereby amended as
follows:
Ord -201
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Exhibit A to transmittal resolution
I Policy 101.5.29
2 Notwithstanding the density limitations set forth in Policy 101.5.25, land upon which a
3 lawfully established residential permanent dwelling unit exists shall be entitled to a density
4 of one permanent dwelling unit per each recognized lawfully established permanent unit.
5 Such lawfully established dwelling unit(s) shall not be considered nonconforming as to the
6 density provisions of Policy 101.5.25 and the Monroe County Code. Lawfully established
7 transient units shall be entitled to one unit for each type of unit in existence before January 4,
8 1996 for use as a ROGO exemption.
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10 Lawfully established transient units recognized by the Coun . may receive a density of up to
11 one transient dwelling unit per each recognized lawfully established transient unit, for the
12 purpose of replacing the recognized density with employee housing, and shall not be
13 considered nonconforming as to the density provisions of Policy 101.5.25 and the Monroe
14 County Land Development Code.
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16 Notwithstanding g Policy 101.8.2, and to further the purposes and goals of the Housing
101.8.2, and to further the purposes and goals of the Housing
17 Element of the Comprehensive Plan, the transient density and units of hotel and motel uses
18 recognized n pursuant to this policy and Section 130 -163 of the Land Development Code may
19 be replaced at up to the same density on a unit per unit basis with employee housing units,
20 subject to obtaining affordable ROGO allocations, and pursuant to a development agreement
21 and a major conditional use permit.
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23 Employee housing units developed to replace transient unit density under this policy are
24 subject to the following criteria:
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26 a. The property's Future Land Use category and Land Use (Zoning) District must allow the
27 proposed type of employee housing dwelling units as a permitted use,
28 b. The property shall have all infrastructure in place and development of employee housim
29 units developed to replace transient unit density under this policy shall meet adopted LOS
30 as required by Policies 101.1.3, 101.1.4, 101.1.5 and 101.1.6,
31 c. The nronerty shall be located within a Tier III designated area_
32 d. Employee housing units provided pursuant to this policy shall only be used as rental
33 housing,
34 e. Notwithstanding Section 138- 24(c)(3) of the Land Development Code, in instances
35 where transient units and the structures in which they are located are lawfully established
36 within a velocity (V) zone, they may receive an affordable ROGO allocation for
37 employee housing within the V zone, provided the employee housing units meet all
38 requirements of this policy;
39 f. Any employee housing units provided pursuant to this policy located within a velocity
40 (V) zone shall meet current building codes and shall be elevated above base flood
41 elevation to meet floodplain requirements,
42 g. The property shall not be located within a designated CBRS unit,
a
a
Ord -201
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Exhibit A to transmittal resolution
1 h. Employee housing (as permitted by the property's FLUM and Zoning designations) and
2 accessory uses thereto shall be the only uses permitted on property redeveloped under
3 this policy,
4 i. Each employee housing g unit provided pursuant to this policy provided pursuant to this policy shall contain a minimum of
5 400 square feet of habitable floor area,
6 j. Prior to approval of a certificate of occupancy, all existing structures /units to be
7 maintained on site shall be brought into compliance with all building codes as if they
8 were new construction, and shall pass a life safety inspection conducted in a manner
9 prescribed by the Monroe County Building Department,
10 k. Each employee housing g unit provided pursuant to this policy provided pursuant to this policy shall comply with hurricane
11 standards established by the Florida Building Code and habitability standards established
12 under the Florida Landlord and Tenant Act Compliance shall be accomplished prior to
13 occupancy,
14 1. Prior to the issuance of a building �permit for any employee housing unit provided
15 pursuant to this policy, the property owner must obtain an affordable ROGO allocation
16 for each proposed unit, transient ROGO exemptions may not be converted into
17 permanent ROGO exemptions for either affordable or market rate dwelling units,
18 m. Any transfers of transient ROGO exemptions from the site shall be subject to the THE
19 requirements of Policy 101.6.8,
20 n. The major conditional use permit shall determine the proportion of employee housing
21 units to be built in each affordable housing income category as defined in Section 101 -1
22 of the Land Development Code_
23 o. Transient ROGOs shall not be transferred off a property to be redeveloped under this
24 policy prior to the approval of the development agreement, and
25 p. Any proposed project under this policy shall demonstrate that the proposed density is
26 consistent with the community character and shall address the demonstrated need within
27 the ROGO subarea.
29 Section 2. Severability. If any section, subsection, sentence, clause, item, change, or
30 provision of this ordinance is held invalid, the remainder of this ordinance shall
31 not be affected by such validity.
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33 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in
34 conflict with this ordinance are hereby repealed to the extent of said conflict.
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36 Section 4. Transmittal. This ordinance shall be transmitted by the Director of Planning to
37 the State Land Planning Agency pursuant to Chapter 163 and 380, Florida
38 Statutes.
Ord -201
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Exhibit A to transmittal resolution
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Section 5. Filing and Effective Date. This ordinance shall be filed in the Office of the
Secretary of the State of Florida but shall not become effective until a notice is
issued by the State Land Planning Agency or Administration Commission finding
the amendment in compliance with Chapter 163, Florida Statutes and after any
applicable challenges have been resolved.
Section 6. Inclusion in the Comprehensive Plan. The text amendment shall be
incorporated in the Monroe County Comprehensive Plan. The numbering of the
foregoing amendment may be renumbered to conform to the numbering in the
Monroe County Comprehensive Plan.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the day of , 201_
Mayor George Neugent
Mayor Pro Tem David Rice
Commissioner Heather Carruthers
Commissioner Danny L. Kolhage
Commissioner Sylvia Murphy
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
C
Mayor George Neugent
(SEAL)
ATTEST: KEVIN MADOK, CLERK
DEPUTY CLERK
Ord -201
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MEMORANDUM
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring, professional and fair
To: Monroe County Board of County Commissioners
Through: Mayte Santamaria, Senior Director of Planning and Environmental Resources
From: Emily Schemper, AICP, Comprehensive Planning Manager
Date: January 17, 2017
Subject: AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING MONROE COUNTY YEAR 2030
COMPREHENSIVE PLAN POLICY 101.5.29, TO ALLOW LAWFULLY
ESTABLISHED TRANSIENT UNITS TO BE ENTITLED TO A DENSITY OF ONE
TRANSIENT UNIT PER LAWFULLY ESTABLISHED TRANSIENT UNIT AND
NOT BE CONSIDERED NONCONFORMING AS TO DENSITY, AND TO ALLOW
THE DENSITY OF LAWFULLY ESTABLISHED TRANSIENT UNITS TO BE
REPLACED WITH UP TO THE SAME DENSITY OF PERMANENT EMPLOYEE
HOUSING DWELLING UNITS NOTWITHSTANDING DENSITY LIMITATIONS OF
THE FUTURE LAND USE MAP CATEGORIES AND SUBJECT TO THE AWARD
OF AFFORDABLE ROGO ALLOCATIONS, A DEVELOPMENT AGREEMENT,
AND A MAJOR CONDITIONAL USE PERMIT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR
TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE
SECRETARY OF STATE; PROVIDING FOR INCLUSION IN THE MONROE
COUNTY COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE.
(Planning File 42016 -046)
Meeting: February 15, 2017
L REQUEST
On March 31, 2016, the Planning and Environmental Resources Department received an application
from 1211 Overseas, LLC ( "the Applicant ") to amend Policies 101.5.29 and 101.3. 10 of the Monroe
County Year 2030 Comprehensive Plan (adopted by the BOCC on April 13, 2016; effective June 20,
2016). The Applicant requested to make changes to Policy 101.5.29 which would allow lawfully
established transient units to be entitled to a density of one (1) transient unit per lawfully established
transient unit and not be considered nonconforming as to density, and to allow those lawfully
established transient units to be replaced with permanent affordable housing dwelling units at the
same density, notwithstanding density limitations of the future land use map designation of the
subject property. The Applicant also requested to make changes to Policy 101.3.10 which would
allow transient ROGO exemptions that are replaced by affordable housing ROGO allocations
pursuant to the proposed language of Policy 101.5.29 to be transferred between subareas and
File 2016 -046 Page 1 of 33
between local government jurisdictions. As discussed in further detail later in this report, based on
discussions during review of the application by the Development Review Committee (DRC), the
Applicant has updated their application to eliminate the proposed amendments to Policy 101.3.10.
II. BACKGROUND INFORMATION
The Applicant is requesting text amendments to both the Monroe County Comprehensive Plan
(Planning File 42016 -046) and the Monroe County Land Development Code (Planning File 42016-
047). The subject of this staff report is the proposed amendments to the Comprehensive Plan.
The Applicant states that the primary purpose of the proposed amendments is to incentivize the
provision of affordable housing, and that a secondary effect of the proposed amendments will be to
incentivize the redevelopment of aging hotel /motel infrastructure. The proposed amendments
address two issues identified during the Monroe County Evaluation and Appraisal Report (EAR) and
Comprehensive Plan Update process: inadequate availability of affordable housing; and the need for
redevelopment of aging hotel /motel infrastructure.
The Applicant cites documents that were used as supporting data for the Monroe County EAR and
the Data and Analysis — Technical Document, as well as documents that provide updated data since
the time of the EAR:
1. Monroe County Comprehensive Plan Update EAR Chapter 4: Major Issues Analysis, 2012;
2. "Economic Trends and Opportunities in Unincorporated Monroe County," April 13, 2011, by
Fishkind and Associates with support from Keith and Schnars, P.A.;
3. Monroe County Population Projections (Keith & Schnars, P.A., 2011);
4. Monroe County Workforce Housing Stakeholder Assessment Report, 2015, by FCRC
Consensus Center, FSU; and
5. United Way ALICE Study of Financial Hardship Report, Fall, 2014.
The Applicant's full explanation and justification for the proposed amendments is included in the
application file and the supplemental data supplied by the Applicant on September 7, 2016.
Staff has reviewed the Applicant's position and supporting documentation, and agrees with the
position that inadequate availability of affordable housing is currently a primary issue facing
permanent residents of unincorporated Monroe County. In 2015, the BOCC acknowledged the
County's workforce housing issues and adopted Resolution 189 -2015, assigning additional duties to
the Affordable Housing Advisory Committee directing the committee to make recommendations for
steps the County may take to address the need for more workforce housing options. The committee
presented their recommendations to the BOCC at their regular meeting on August 17, 2016. On
December 6, 2016, the BOCC held a special meeting to review the committee's recommendations
and provide for public input. At the special meeting, the BOCC directed staff to begin work on
certain committee recommendations, and hold other recommendations for potential action in the
future.
Staff also acknowledges that the EAR's Major Issues Analysis (2012) identifies aging hotel /motel
infrastructure as an economic sustainability issue for the unincorporated County. The EAR points
out that only 25 percent of hotel rooms within all of the Keys are located in the unincorporated
portions of the County. Of these hotel rooms, 54 percent are within structures older than 40 years,
File 2016 -046 Page 2 of 33
which is considered the useful life of buildings and structures from a building use and architectural
perspective. By 2030, 84 percent of the hotel/motel structures will have surpassed their useful life
and will require either replacement or extensive renovation.
The EAR includes the following recommended strategy for addressing the issue of aging hotel /motel
infrastructure:
Provide incentives for redevelopment of existing outdated hotel /tourist facilities should
he instituted. Such incentives may include the ability to expand the building footprint.
Recommend some relaxation, where appropriate, of current zoning regulations to reduce
the cost of upgrade compliance is also important and should he considered for green
building and /or green lodging certification.
While staff understands the applicant's primary purpose of the proposed amendments is to
incentivize the provision of affordable housing, and that a secondary effect of the proposed
amendments will be to incentivize the redevelopment of aging hotel /motel infrastructure, staff must
review the amendment to balance and protect the public health, safety, and welfare of the citizens of
the Florida Keys, particularly those citizens qualifying for affordable housing. As noted above, the
EAR points out that of the hotel rooms within unincorporated Monroe County, 54 percent are within
structures older than 40 years, which is considered the useful life of buildings and structures from a
building use and architectural perspective. As such, the County is making recommendations to the
proposed amendment to ensure that the "incentivized" affordable housing is not encouraging
locating affordable housing in risky locations or within structures that are at their useful life and may
become unsafe.
It is also important to note that the County cannot project the number of properties with
nonconforming lawfully established transient units /density which would want to utilize the proposed
change to redevelop the lawfully established transient units /density with permanent affordable
housing dwelling units at the same density. It is unknown the costs associated with bringing aging
hotel /motel structures into compliance for use as affordable housing. Further, it is unknown if the
costs of upgrading and converting aging hotel /motel structures would act as a disincentive to
utilizing the proposed amendment.
At a regularly scheduled meeting held on June 28, 2016, the DRC considered the proposed
amendments and provided for public comment. Staff recommended several changes to the language
of the Applicant's proposed amendment to Policy 101.5.29, and based on public input given at the
DRC meeting, staff discussed additional changes to the language of the Applicant's proposed
amendment to Policy 101.5.29. Staff recommended denial of the Applicant's proposed amendment
to Policy 101.3.10.
Following the DRC meeting, the Applicant submitted revised proposed amendment language based
on staff and public comment. The revised proposal eliminated the proposed changes to Policy
101.3.10.
At a regularly scheduled meeting held on September 28, 2016, the Planning Commission (PC) held a
public hearing to consider the proposed amendment. Based on discussion and public input at the
hearing, the PC suggested potential revisions to the proposed amendment, and requested to continue
File 2016 -046 Page 3 of 33
N.2.c
the item to their October 26, 2016 meeting in order to further evaluate the proposal and suggested
revisions.
At a regularly scheduled meeting held on October 26, 2016, the PC held a second public hearing,
continued from the September 28, 2016 hearing, provided for additional public comment, and further
discussed and evaluated the proposed amendments and the staff and PC recommended revisions. The
PC made additional recommendations on the specific provisions and language of the proposed
amendments, and adopted Resolution No. P29 -16, recommending approval with the stated revisions.
III. PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENT
The following illustrates both the adopted, effective text of the Year 2030 Comprehensive Plan
(adopted by the BOCC on April 13, 2016; effective June 20, 2016) and the changes proposed by the
Applicant (proposed additions are shown in green and underlined
Adopted 2030 Comprehensive Plan:
Policy 101.5.29
Notwithstanding the density limitations set forth in Policy 101.5.25, land upon which a lawfully
established residential dwelling unit exists shall be entitled to a density of one dwelling unit per each
recognized lawfully established unit. Such lawfully established dwelling unit(s) shall not be
considered as nonconforming as to the density provisions of Policy 101.5.25 and the Monroe County
Code.
APPLICANT'S PROPOSED AMENDMENTS (updated following 6/28/2016 DRC meeting):
Policy 101.5.29
Notwithstanding the density limitations set forth in Policy 101.5.25, land upon which a lawfully
established residential permanent dwelling unit exists shall be entitled to a density of one permanent
dwelling unit per each recognized lawfully established permanent unit. Such lawfully established
dwelling unit(s) shall not be considered as nonconforming as to the density provisions of Policy
101.5.25 and the Monroe County Code.
Lawfully established transient units recognized by the County shall be entitled to a density of one
transient dwelling unit per each recognized lawfully established transient unit, for the purpose of
replacing the recognized density with affordable housing. and shall not be considered as
nonconforming to the density provisions of Policy 101.5.25 and the Monroe County Land
Development Code.
To further the purposes and goals of the Housing Element of the Comprehensive Plan, the transient
density and units recognized pursuant to this policy and Section 130 -163 of the Land Development
Code may be replaced at the same density on a unit per unit basis with affordable housing units,
subject to obtaining affordable ROGO allocations, and pursuant to a development agreement.
Affordable housing units developed to replace transient unit density under this policy are subject to
the following criteria:
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N.2.c
a.
The property's Future Land Use category and Land Use (Zoning) District must allow
residential /affordable housing dwelling units as a permitted use,
b.
The property shall have all infrastructure in place and shall meet adopted LOS for potable
water, wastewater and stormwater,
C.
The property shall be located within a Tier III designated area,
d.
The proposed affordable housing dwelling units shall be discouraged within a velocity (V)
zone;
e.
The property shall not be located within a designated CBRS unit,
f
Affordable housing shall be the exclusive primary use of the property redeveloped under this
policy,
g.
Each affordable unit provided pursuant to this policy shall contain a minimum of 400 square
feet of habitable floor area,
h.
Prior to approval of a development agreement, all structures /units to be maintained on site shall
pass a life safety inspection conducted in a manner prescribed by the Monroe County Building
Department,
Each affordable unit provided pursuant to this policy shall comply with hurricane standards
established by the Florida Building Code and habitability standards established under the
Florida Landlord and Tenant Act. Compliance shall be accomplished in a manner and within a
timeframe set forth in the development agreement,
Prior to the issuance of a building_ permit for any affordable unit provided pursuant to this
policy, the property owner must obtain an affordable ROGO allocation for each proposed unit,
transient ROGO exemptions may not be converted into permanent ROGO exemptions for
either affordable or market rate dwelling units, and
k.
Any transfers of transient ROGO exemptions from the site shall be subject to the THE
requirements of Policy 101.6.8.
IV. ANALYSIS OF PROPOSED COMPREHENSIVE PLAN AMENDMENT
Pursuant to Policy 101.5.29 of the adopted 2030 Comprehensive Plan, residential properties
developed with lawfully established dwelling units may redevelop the property at the same density,
with the same type of dwelling units, even if it exceeds the density standards of the property's Future
Land Use Map category. The Applicant is proposing an amendment to this policy in order to allow
properties with lawfully established transient units to redevelop the property with permanent,
affordable housing dwelling units at the density of the former transient use, even if it exceeds the
density standards for affordable housing within the property's FLUM category. In short, the
amendment would provide additional density to develop affordable housing, above the existing
affordable housing density bonuses. The Applicant's proposed amendment states that a development
agreement would be required for such replacements.
The Applicant argues that the proposed text amendment will offer opportunities to develop
affordable housing at higher densities than the maximum net densities currently allowed within each
FLUM category, on sites that are already developed, and thereby incentivize additional development
of affordable dwelling units.
File 2016 -046 Page 5 of 33
Packet Pg. 1434
While this concept will provide another option to potentially incentivize the development of
affordable housing, it should be noted that it conflicts with the County's current policies and
regulations which require a site that is proposing a change of use (i.e., transient vs affordable
housing) to develop the site in conformance with all adopted standards and regulations (i.e., it may
not retain nonconforming density, setbacks, open space, parking, etc.). The proposed text
amendment would allow the retention of nonconforming density for a change of use to affordable
housing.
Staff notes that the proposed amendment would be internally inconsistent with Policy 101.8.2,
which requires a property to come into full compliance with all regulations of the Comprehensive
Plan and Land Development Code, including density, when a change of use is proposed.
Policy 101.8.2
Monroe County shall prohibit a nonconforming use to be changed to any other use unless
the new use conforms to all applicable provisions of the Future Land Use category and
zoning district in which it is located.
Additionally, Policies 101.3.5, 101.5.5, and 101.8.7 regulate transient ROGO allocations and
nonconforming transient uses in certain FLUM categories. The proposed amendment would allow
nonconforming transient density to be used in a way that goes beyond what is allowed by these
policies.
Policy 101.3.5
Due to the limited number of allocations and the State's requirement that the County
maintain a maximum hurricane evacuation clearance time of 24 hours, Monroe County
shall prohibit new transient residential allocations for hotel or motel rooms, campground
spaces, or spaces for parking a recreational vehicle or travel trailer until May 2022.
Lawfully established transient units shall be entitled to one unit for each type of unit in
existence before January 4, 1996 for use as a ROGO exemption.
Policy 101.5.5
Monroe County shall maintain Land Development Regulations which allow
nonconforming nonresidential and transient uses in the RC, PL, PM and RH future land
use categories that lawfully existed on such lands on January 4, 1996 to develop,
redevelop, reestablish and /or substantially improve provided that the use is limited in
density, intensity, floor area, and to the type of use that existed on January 4, 1996.
Policy 101.8.7
Monroe County shall maintain Land Development Regulations which allow
nonconforming nonresidential and transient uses in the RC, PL, PM and RH future land
use categories that lawfully existed on such lands on January 4, 1996 to develop,
redevelop, reestablish and /or substantially improve provided that the use is limited in
density /intensity, floor area, and to the type of use that existed on January 4, 1996.
Additionally, while staff understands the applicant's primary purpose of the proposed amendments is
to incentivize the provision of affordable housing, and that a secondary effect of the proposed
File 2016 -046 Page 6 of 33
amendments will be to incentivize the redevelopment of aging hotel/motel infrastructure, as noted in
the submitted data and analysis, the EAR points out that of the hotel rooms within unincorporated
Monroe County, 54 percent are within structures older than 40 years, which is considered the useful
life of buildings and structures from a building use and architectural perspective. As such, the
County must evaluate the amendment to balance and protect the public health, safety, and welfare of
the citizens of the Florida Keys, particularly those citizens qualifying for affordable housing. Staff is
making recommendations to the proposed amendment to ensure that the "incentivized" affordable
housing is not encouraging locating affordable housing in risky locations or within structures that are
unsafe. Staff is only supportive of the proposed amendment with the continued protection of
the public health, safety, and welfare of the citizens of the Florida Keys.
Existing Hotel/Motel Properties
In order to try to understand the potential outcomes of the proposed amendment, staff tried to
identify existing hotel /motel properties that are designated as Tier III which could utilize this
proposed amendment. The attached maps (see Exhibit 1) were developed using Property Appraiser
data and records from the Florida Department of Business and Professional Regulation.
Lower Keys: 5 hotels; 143 rooms
Middle Keys: 5 hotels; 221 rooms
Upper Keys: 28 hotels; 1,188 rooms
UNINCORPORATED COUNTY TOTAL: 38 hotels; 1,552 rooms
This data and the attached maps are for information purposes only. This does not recognize
transient development nor imply the rooms /units are lawfully established. Each property would
need to he reviewed individually for a lawful determination.
As shown on page one of the attached maps (Exhibit 1), the example property, former Caribbean
Village Resort, is currently identified by the Property Appraiser as PC code 10 - VACANT
COMMERCIAL, rather than PC code 39 - HOTELS, MOTELS. It is unclear how many other
properties may have had hotel /motel units in the past and would fall under this scenario. The
Planning Commission has recommended a timeframe in which a property owner may apply to utilize
the proposed amendment (see PC recommendations on pages 21 -23 of this staff report).
It is important to note that the County cannot project the number of properties with nonconforming
lawfully established transient units /density which would want to utilize the proposed change to
redevelop the lawfully established transient units /density with permanent affordable housing
dwelling units at the same density. It is unknown the costs associated with bringing aging
hotel /motel structures into compliance for use as affordable housing. Further, it is unknown if the
costs of upgrading and converting aging hotel /motel structures would act as a disincentive to
utilizing the proposed amendment.
File 2016 -046 Page 7 of 33
N.2.c
Staff is supportive of the proposed requirement of a development agreement. The replacement
of transient (hotel /motel) units with affordable housing units is a new concept in the County, and the
development agreement process would allow for public input and full evaluation of whether a
specific site is appropriate for such redevelopment through noticing, public hearings, and a decision
by the BOCC.
Staff is supportive of the following eligibility criteria for the potential redevelopment sites as
agreed and currently proposed by the Applicant:
c. The property shall be located within a Tier III designated area,
e. The property shall not be located within a designated CBRS unit,
g. Each affordable unit provided pursuant to this policy shall contain a minimum of 400 square
feet of habitable floor area,
h. Prior to approval of a development agreement, all structures /units to be maintained on site
shall pass a life safety inspection conducted in a manner prescribed by the Monroe County
Building Department,
i. Each affordable unit provided pursuant to this policy shall comply with hurricane standards
established by the Florida Building Code and habitability standards established under the
Florida Landlord and Tenant Act. Compliance shall be accomplished in a manner and within
a timeframe set forth in the development agreement,
j. Prior to the issuance of a building permit for any affordable unit provided pursuant to this
policy, the property owner must obtain an affordable ROGO allocation for each proposed
unit, transient ROGO exemptions may not be converted into permanent ROGO exemptions
for either affordable or market rate dwelling units, and
k. Any transfers of transient ROGO exemptions from the site shall be subject to the THE
requirements of Policy 101.6.8.
The above criteria are consistent with the criteria used to direct TDRs and TREs to the least sensitive
areas of the County and will ensure that affordable housing built under the proposed policy are
located in appropriate areas of the County and meet minimum livability standards and eliminate the
potential creation of substandard housing conditions within the aging hotel /motel structures.
Policy 101.6 8
Monroe County shall maintain a Transfer of ROGO Exemption (TRE) program, that
allows for the transfer off -site of dwelling units, hotel rooms, campground/recreational
vehicle spaces and/or mobile homes to another site in the same ROGO subarea, provided
that they are lawfully existing and can be accounted for in the County's hurricane
evacuation model. Dwelling units maybe transferred as follows:
File 2016 -046 Page 8 of 33
Packet Pg. 1437
a. between sites in the Upper Keys ROGO subarea;
b. between sites in the Lower Keys ROGO subarea;
C. between sites in the Big Pine Key and No Name Key ROGO subarea;
i. units from the Big Pine Key and No Name Key ROGO subarea
may also be transferred to the Lower Keys ROGO subarea.
No sender units may be transferred to an area where there are inadequate facilities and
services.
Sender Site Criteria:
1. Contains a documented lawfully- established sender unit recognized by the
County; and
2. Located in a Tier I, II, III -A, or III designated area; including any tier within the
County's Military Installation Area of Impact (MIAI) Overlay.
Receiver Site Criteria:
1. The Future Land Use category and Land Use (Zoning) District must allow the
requested use;
2. Must meet the adopted density standards;
3. Includes all infrastructure (potable water, adequate wastewater treatment and
disposal wastewater meeting adopted LOS, paved roads, etc.);
4. Located within a Tier III designated area; and
S. Structures are not located in a velocity (V) zone or within a CBRS unit.
Policy 101.13.3
Transfer of Development Rights program sender and receiver sites are subject to the
following transfer conditions:
Sender Site Criteria:
1. Property has development rights to transfer, and
2. Located in a Tier I, II, III -A, or III designated area; including any tier within the
County's Military Installation Area of Impact (MIAI) Overlay.
Receiver Site Criteria:
1. The Future Land Use category and Land Use (Zoning) District must allow the
requested use;
• Liveable CommuniKeys Community Centers shall be encouraged as
receiving areas for transfer of development rights.
2. Must have an adopted maximum net density standards;
3. Includes all infrastructure (potable water, adequate wastewater treatment and
disposal wastewater meeting adopted LOS, paved roads, etc.)
4. Located within a Tier III designated area; and
S. Is not located within a designated CBRS unit.
Criterion "g." is consistent with minimum size requirements for inclusionary housing units under
Section 130- 161(b)(5)c.6. of the Land Development Code:
File 2016 -046 Page 9 of 33
N.2.c
Each affordable unit provided pursuant to this policy shall contain a
minimum of 400 square feet of habitable floor area and the average
enclosed habitable floor area of all units so provided shall be at least 700
square feet.
Criterion "h." is consistent with the life safety inspection requirements as those for the mobile home
transfer incentive program per Section 130- 161.1(2)(c)(i)(2):
Prior to approval of a development agreement, all units to be maintained
on site shall pass a life safety inspection conducted in a manner
prescribed by the Monroe County Building Department.
Criterion "i." is consistent with the hurricane standard and habitability standard requirements as
those for the mobile home transfer incentive program per Section 130- 161.1(2)(c)(i)(6):
All units designated by the applicable development agreement to remain
as deed restricted affordable housing... shall comply with hurricane
standards established by the Florida Building Code and habitability
standards established under the Florida Landlord and Tenant Act.
Compliance shall be accomplished in a manner and within a timeframe set
forth in the development agreement or, if applicable, in the relevant minor
conditional use.
Staff recommended the following changes to the remaining proposed criteria at the DRC
meeting on June 28, 2016 (staff recommendations are shown with deletions in purple with a
double sti 0 , and additions in purple with a double underline)
a. The property's Future Land Use category and Land Use (Zoning) District must allow the
proposed type of residential /affordable housing dwelling units as a permitted use,
Staff recommends this change in order to clarify that any proposed development on the site must
be a permitted use within the site's FLUM and Zoning districts. For example, if employee
housing is the only type of residential use permitted within the property's FLUM and /or Zoning
district, the affordable housing units developed to replace transient unit density under this policy
must meet the definition of employee housing.
b. The property shall have all infrastructure in place and development of affordable housing
units developed to replace transient unit density under this polimshall meet adopted LOS as
required by Policies 101.1.3 101.1.4 101.1.5 and 101.1.6
Staff s recommendation at the time of DRC was to include as a criterion, "the property shall
have all infrastructure in place (potable water, adequate wastewater treatment and disposal
wastewater meeting adopted LOS, paved roads, etc.)," which is consistent with the receiver site
criteria for TDRs and TREs. As defined in the Comprehensive Plan, Infrastructure means those
man -made structures which service the common needs of the population, such as: sewage
File 2016 -046 Page 10 of 33
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N.2.c
disposal systems; potable water systems and wells; solid waste disposal sites or retention areas;
stormwater systems; utilities; piers; docks; wharves; breakwaters; bulkheads; seawalls;
bulwarks; revetments; causeways; marinas; navigation channels; bridges; and roadways. The
Applicant has proposed that the site meet LOS for potable water, wastewater and stormwater
only. Staff recommends clarifying that proposed development of permanent affordable dwelling
units on the site must meet all LOS standards as required by the policies under Objective 10 1. 1
of the Comprehensive Plan.
d. The proposed affordable housing dwelling units shall not be located in
a velocity (V) zone;
Staff's recommendation at the time of DRC was to include as a criterion, "the proposed
affordable housing dwelling units shall not be located in a velocity (V) zone." The Applicant is
proposing that affordable housing dwelling units only be discouraged within a velocity (V) zone.
Additionally, the Applicant's corresponding proposed amendment to the LDC proposes a
criterion that would allow a certain portion of the affordable replacement units to be within a V-
zone: "notwithstanding Section 138- 24(c)(3), in instances where transient units and structures in
which they were located are lawfully established within a velocity (V) zone, they may be
replaced in accordance with this section, subject to a minimum 30% reduction in gross number
of units within the velocity (V) zone from that which was lawfully established."
Current County policy has been adopted to protect people and property. Goal 101 of the
Comprehensive Plan states that "Monroe County shall manage future growth to enhance the
quality of life, ensure the safety of County residents and visitors, and protect valuable natural
resources." In addition, Comprehensive Plan amendments must be consistent with the Principles
for Guiding Development [ §380.0552(7), F. S.] which include, "protecting the public health,
safety, and welfare of the citizens of the Florida Keys and maintaining the Florida Keys as a
unique Florida resource."
Current County policy does not allow the award of Affordable ROGO allocations within the V-
zone (LDC Section 138- 24(c)(4)) in order to reduce vulnerability of the built environment to
flood risk. If the County knows low lying land will flood from time to time, it should make
reasonable decisions to help protect families, homes, and businesses — in particular, for those
qualifying for affordable housing, who may have the least amount of resources available to cover
the increasing costs of insurance and /or to recover from a flooding event.
This proposal is counter to Goal 601 "...to facilitate access by residents to adequate and
affordable housing that is safe, decent, and structurally sound...," as the proposed amendment
would encourage locating affordable housing in potentially riskier locations, within aging
hotel /motel structures, which may require extensive costs to upgrade and safeguard the
structures. Again, as noted in the submitted data and analysis, the EAR points out that of the
hotel rooms within unincorporated Monroe County, 54 percent are within structures older than
40 years, which is considered the useful life of buildings and structures from a building use and
architectural perspective. As such, the County must evaluate the amendment to balance and
protect the public health, safety, and welfare of the citizens of the Florida Keys, particularly
those citizens qualifying for affordable housing.
File 2016 -046 Page 11 of 33
Packet Pg. 1440
N.2.c
If the County knows that the proposal could place lower- income citizens in risky locations and in
structures that are more likely to be subject to waves and floods (pronounced storm surge) and
cause damage, it makes sense to take reasonable protective steps to continue to direct redevelop
to other areas (not in a v -zone) and take steps to protect the public health, safety, and welfare of
the citizens of the Florida Keys. Recommended policy changes should avoid increased threats to
human life or cause increased losses due to flooding as well as increased claims made under
flood insurance policies.
Although Affordable ROGO allocations are not awarded by the competitive point system
(affordable ROGOs are awarded on a first come /first serve basis), Objective 10 1. 6 states that the
point system's purpose is to direct future growth "away from inappropriate locations not suitable
for development," and specifically includes v -zones as a location not suitable for development.
Objective 101.6
Monroe County shall maintain and implement a Point System based primarily on the Tier
system of land classification in accordance with Goal 105, which directs future growth in
order to:
1. maintain and enhance the character of the community [ §163.3177(6)(a)2.c.,ES.J;
2. protect natural resources [ §163.3177(6)(a)3.f.,ES.J;
3. encourage a compactpattern of development [ §163.3177(6)(a)2.h.,ES.];
4. encourage the development of affordable housing;
5. direct future growth to appropriate infzll areas and away from inappropriate
locations not suitable for development such as environmentally sensitive areas,
Coastal Barrier Resource System (CBRS) Units, and V- zones; and
6 encourage development in areas served by central wastewater treatment systems.
Per Policy 101.6.2 and 101.6.3, the non -tier point categories of the point system, which include
negative points for development within a v -zone, are available "to encourage development to the
most appropriate locations and discourage development from inappropriate locations." Again,
although Affordable ROGO allocations are not awarded by the competitive point system, the
point system reflects that v -zones are areas that are inappropriate for development.
Policy 101.6 2
In order to encourage a compact form of residential growth that results in infill
development in platted, improved subdivisions, the Point System shall be primarily based
on the Tier system of land classification as set forth under Goal 105. To discourage and
limit further growth in Tier I designated areas, the annual maximum number of
residential permit allocations that may be awarded in Tier I shall be no more than three
(3) each in the Upper and Lower ROGO subareas. Other criteria and corresponding
points are allocated to encourage development to the most appropriate locations and
discourage development from inappropriate locations. * * *
Policy 101.6 3
In order to encourage a compact form of nonresidential growth, the Point System shall
be primarily based on the Tier system of land classification as set forth under Goal 105.
To discourage and limit further growth in Tier I designated areas, the Permit Allocation
File 2016 -046 Page 12 of 33
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N.2.c
System shall limit and direct new nonresidential development primarily to areas
designated as Tier III under Goal 105, not areas designated as a Special Protection Area
(Tier III -A) and provide incentives for redevelopment of existing developed and vacant
infill sites. Other criteria and corresponding points are available to encourage
development to the most appropriate locations and discourage development from
inappropriate locations. (See Policy 101.4.1.)
Policy 101.3.3 states that affordable housing eligible for Affordable ROGO allocations shall
meet the criteria specified in the Land Development Code. The Policy was not written with the
intent to include all specific criteria for Affordable ROGO allocation awards.
Policy 101.3.3
Monroe County shall allocate at least 20% of the annual allocation, or as may be
established by the State of Florida, pursuant to Administration Commission Rules, to
affordable housing units as part of ROGO. Any portion of the allocations not used for
affordable housing shall be retained and be made available for affordable housing from
ROGO year to ROGO year. Affordable housing eligible for this separate allocation shall
meet the criteria specified in Policy 601.1.4 and the Land Development Code, but shall
not be subject to the competitive Residential Permit Allocation and Point System in
Policy 101.6.4. Any parcel proposed for affordable housing shall not be located within an
area designated as Tier I as set forth under Goal 105 or within a Tier III -A Special
Protection Area as set forth in Policy 205.1.1.
The Comprehensive Plan is consistent in trying to limit development in the v -zone through the
assignment of negative 6 points in ROGO for market rate development in a v -zone (Policy
101.6.4(7.), prohibiting the transfer of ROGO exemptions to v -zones (101.6.8), prioritizing land
acquisition in v -zones for the purpose of encouraging growth away from more vulnerable areas
(102.4.2), prohibiting the development of affordable housing in v -zones when County funding or
County land is used (Policy 601.1.5), and prohibiting the Land Authority from acquiring land in
v -zones for the purposes of affordable housing (Policy 601.1.11). [As a note, through the
Comprehensive Plan update, the BOCC increased the negative points assigned in the ROGO
system from -4 to -6 for development proposed in a v -zone to further disincentivize locating
residential structures within the coastal high flood hazard area.]
File 2016 -046 Page 13 of 33
Packet Pg. 1442
The Technical Document also confirms that the Comprehensive Plan intends to discourage
development in flood prone areas. One means of discouraging development within v-zones in
general is restriction of the award of our Affordable ROGO allocations to land outside of v-
zones.
3-22-1-2 Efarts of Biture Land Usels oil Coastal Floo&ag[Rule 91-5.012(2)(J)),
RA, C]
Most of the kind area in the Florida Keys is 2 to 3 feet above high tide. The rnaximurn
elevations of IS feet are fotind in only rivo locations [see Section 3.7 (Floodplains)). in
Addition, a large percentage of the County is located within the Coastal High Hazard Area
(CHHA, defined as rho evacnation zone for as Category I hurricane, see Section 3,23.2
(Coastal High Hazard Area),. As a restilty the Keys are susceptible to storm flooding.
It is likely that firture development will take place within the designated floodplain and tile
CH HA. The c-tirrent ROGO/NROGO and the Tier Overlay Ordinance as well as the LDRS
discourage developirient in flood prone areas, particularly the CHHA. In addition, several
Comprehensive Plan Goals and Policies specifically protect those areas that have flood
water storage and attennation features (niangroves, salt ponds, saltmarsh and buttoilwood
wetlands, and freshwater wetlands). The policy document also seeks to restore native
vegetation within the floodpliftis. The current LDR-s discourage new development within
the coastal floodplains through the 1 ROGO ordinance by assigning -4 points for an
application that proposes development within a " V" zone on the FE MA flood Insurance rate
inaix The L specify flood protection measures, floodplain encroachment standards, and
pernift reqnirernents (Chapter 122 (Flocidplain Managenient)j.
As the coastal area develops, it is anticipated that there is a do-sire to develop or re-develop
in areas known as "workin 41 fi ) I.
g waterfronts "" (see Section 3.20.2. (Working Water onts
The Working Waterfronts Preservation Master Plan Included the Monroe Connty Marina
Siting Plan, which identified specific criteria for new or expanding niarinas. The Plan
identified areas with adequate water depth and good flashing (reqtiiring no new dredging)
acrd do not, have substantial concerns with listed specilesand other marine resources.
The need, to prorett, maintain. or expand working waterfronts and code recinireinents as
well as permitting reqoirements of State And foderal agencies will be a bahince of ftiture
developnient in the transition area between inirine and terrestrial resources,
File 2016-046 Page 14 of 33
The Technical Document also cites the County's Post - Disaster Redevelopment Plan, which
addresses issues related to long -term post- disaster redevelopment including the following
(Technical Document 3.23.4.5):
lo�rr e ourrr irerr ifl e B a re
• Identification of trartirarlarly uvulner°ab e areas .vithin the CHHA (e.g., FE MA- designated
zones and repetitive loss ar °ea , Measures should be implemented for such areas
which enr urrr°age the relocation or replacement of infrastructure away from them ,arid .
limit cede veloPinent following occurrence of a hurricane; and
• Procedures for the advance identification of redevelopment areas e,ga any areas
identifled as being in need of redevelo n'rent Fur °su aint to the Florida onurrunity
edovelo scent Art Cha 163, Part iti and implementation of redevelopment plans
for suclr areas upon damage or loss duce to a natural disaster.
The Technical Document also points out that the Comprehensive Plan applies negative ROGO
points to v -zones as a means of directing growth away from areas particularly susceptible to
damage from flooding:
Per the Federal Emergency Management Agency (FEMA), VE Zones are also known as coastal
high hazard areas, and are subject to high velocity water:
File 2016 -046 Page 15 of 33
N.2.c
The Florida Division of Emergency Management confirms that the Coastal High Hazard Area
(Zone V) is subject to high velocity wave action with waves greater than or equal to three feet:
[�.rd
ZONE V COASTAL A ZONE ZONE A
Wave Height L> 3 ft Wave Height 3 D.1 5 ft I Wove Height e T 5 it
` Flvod Level IncLdmg Wove Effects
I M +���-
ShlWater E6varlon
- tr
Sao level
- 1 1 1 r
Shoreline Sand Dune C}verland Wind Fetch lurnit of Flooding
and Waves
Areas subject to Coastal A Zone conditions (wave heights between
3 feet and 1.5 feet) may not be shown on FIRiMs (see page 16).
Some communities may treat the CAZ area as a Zone V and require
development to comply with the Zane V requirements.
/1"\ terms and
po The Coastal High Hazard
Area (Zone V) is the Special
Flood Hazard Area that extends
from offshore to the inland limit of
a primary frontal dune along an
open toast and any other ores
subject to high velocity wave
action_ The area is designated on
the FIRM as Zone VE.
The term Coastal A Zone
fCAZI refers to the portion of the
SFHA landward of the Zone V or
landward of a shoreline that does
not have a mapped Zone V. The
principal sources of flooding are
associoled with astronomical tides
storm surges, seiches or tsunamis.
Coastal A Zone may be subject
to wave effects, velocity flows,
erosion, scour or combinations of
these forces.
The Applicant has submitted documentation from the American Society of Civil Engineers
(ASCE) and FEMA describing construction techniques that reduce potential risk for buildings
within v- zones, and code /insurance requirements for buildings constructed within v- zones,
presumably to illustrate that it is possible to build within the v -zone and there is no outright
prohibition against constructing residential units with v -zone areas. However, staff maintains that
awarding affordable ROGO allocations to properties within the v -zone is not consistent with the
Comprehensive Plan's goal of directing development to the most appropriate areas, and does not
enhance the quality of life or ensure the safety of County residents for some of our most
financially vulnerable citizens.
f Affordable housing (as permitted by the property's FLUM and Zoning designations) and
accessory uses thereto shall be the only uses permitted on
property redeveloped under this polio
Staff agrees with the Applicant's presumed intent for this criterion, but suggests the proposed
changes in order to be consistent with the typical language and definitions within the
Comprehensive Plan and Land Development Code.
File 2016 -046
Page 16 of 33
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Q
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V. RECOMMENDED CHANGES TO PROPOSED AMENDMENT
During /following the June 28, 2016 DRC meeting, staff recommended the following changes to
the proposed amendment to Policy 101.5.29 (staff recommendations are shown with deletions
in purple with a double , and additions in purple with a double underline)
STAFF RECOMMENDATION (6/28/2016 DRC meeting):
Policy 101.5.29
Notwithstanding the density limitations set forth in Policy 101.5.25, land upon which a lawfully
established residential permanent dwelling unit exists shall be entitled to a density of one permanent
dwelling unit per each recognized lawfully established permanent unit. Such lawfully established
dwelling unit(s) shall not be considered as nonconforming as to the density provisions of Policy
101.5.25 and the Monroe County Code. Lawfully established transient units shall be entitled to one
unit for each type of unit in existence before January 4. 1996 for use as a ROGO exemption.
Lawfully established transient units recognized by the County shall be entitled to a density of one
transient dwelling unit per each recognized lawfully established transient unit, for the purpose of
replacing the recognized density with affordable housing. and shall not be considered as
nonconforming to the density_ provisions of Policy 101.5.25 and the Monroe County Land
Development Code.
Notwithstanding Policy 101.8.2 and too further the purposes and goals of the Housing Element of
the Comprehensive Plan, the transient density and units of hotel and motel uses recognized pursuant
to this policy and Section 130 -163 of the Land Development Code may be replaced at the same
density on a unit per unit basis with affordable housing units, subject to obtaining affordable ROGO
allocations, and pursuant to a development agreement.
Affordable housing units developed to replace transient unit density under this policy are subject to
the following criteria:
a. The property's Future Land Use category and Land Use (Zoning) District must allow the
proposed type of res'�;Taffordable housing dwelling units as a permitted use,
b. The property shall have all infrastructure in place and development of affordable housing units
developed to replace transient unit density under this policy shall meet adopted LOS as
required by Policies 101. 1.3 101.1.4 101.1.5 and 101.1.6
C. The property shall be located within a Tier III designated area,
d. The proposed affordable housing dwelling units shall not be located in a
velocity (V) zone,
e. The property shall not be located within a designated CBRS unit,
f Affordable housing (as permitted by the property's FLUM and Zoning designations) and
accessory uses thereto shall be the only uses permitted on
t4o property redeveloped under this policy,
g. Each affordable unit provided pursuant to this policy shall contain a minimum of 400 square
feet of habitable floor area;
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h. Prior to approval of a development agreement, all structures /units to be maintained on site shall
pass a life safety inspection conducted in a manner prescribed by the Monroe County Building
Department,
Each affordable unit provided pursuant to this policy shall comply with hurricane standards
established by the Florida Building Code and habitability standards established under the
Florida Landlord and Tenant Act. Compliance shall be accomplished in a manner and within a
timeframe set forth in the development agreement,
J. Prior to the issuance of a building permit for any affordable unit provided pursuant to this
policy, the property owner must obtain an affordable ROGO allocation for each proposed unit,
transient ROGO exemptions may not be converted into permanent ROGO exemptions for
either affordable or market rate dwelling units, and
k. Any transfers of transient ROGO exemptions from the site shall be subject to the THE
requirements of Policy 101.6.8.
Based on discussion and public input at the public hearing held by the Planning Commission
on September 28, 2016, the Planning Commission suggested the following revisions to the
proposed amendment, to be brought back for a second /continued public hearing on October
26, 2016 (Planning Commission suggested deletions are shown with a double s rikethreugk
and additions with a double underline)
PC discussed:
• Do we want to approve extra /nonconforming density (main question)/ do hotels need
incentives to redevelop ?;
• Requiring mitigation for the extra density;
• Where will this occur /how to understand potential impacts /unknown density increases;
• Ability to review site specific requests /should be property specific;
• Traffic concurrency;
• Requiring a Major Conditional Use Permit;
• Using a Major Conditional Use Permit to address the percentage of nonconforming density
that could be retained (location /community character specific);
• Allowing affordable housing in a V zone;
• Allowing reuse of existing structures that are nearing their useful life for affordable housing
vs. requiring new construction;
• Adding a timeframe for affordable housing completion;
• Include the workforce housing definition instead of the term affordable housing;
• Include levels of affordability — minimum percentage or requirements of income categories;
and
• Should variances be allowed, if retaining nonconforming density.
PC directed amending text to include:
• Requiring a Major Conditional Use Permit;
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Adding "up to" the same density [not automatically receiving all nonconforming density];
Adding "Any affordable unit provided pursuant to this policy located within a velocity (V)
zone shall meet current building code and floodplain requirements. "; and
Adding "The major conditional use permit shall determine the proportion of affordable units
to be built in each affordable housing income category as defined in Section 101 -1 of the
Land Development Code."
STAFF and PLANNING COMMISSION RECOMMENDATION (following 9/28/2016 PC
hearin
Policy 101.5.29
Notwithstanding the density limitations set forth in Policy 101.5.25, land upon which a lawfully
established residential permanent dwelling unit exists shall be entitled to a density of one permanent
dwelling unit per each recognized lawfully established Ocrniaiient unit. Such lawfully established
dwelling unit(s) shall not be considered as nonconforming as to the density provisions of Policy
101.5.25 and the Monroe County Code. Lawfully established transient units shall be entitled to one
unit for each type of unit in existence before January 4. 1996 for use as a ROGO exemption.
Lawfully established transient units recognized by the County shall be entitled to a density of one
transient dwelling unit per each recognized lawfully established transient unit, for the purpose of
replacing the recognized density with affordable housing. and shall not be considered as
nonconforming to the density provisions of Policy 101.5.25 and the Monroe County Land
Development Code.
Notwithstanding Policy 101.8.2 and too further the purposes and goals of the Housing Element of
the Comprehensive Plan, the transient density and units of hotel and motel uses recognized pursuant
to this policy and Section 130 -163 of the Land Development Code may be replaced at up to the same
density on a unit per unit basis with affordable housing units, subject to obtaining affordable ROGO
allocations, and pursuant to a development agreement and a major conditional use permit_
Affordable housing units developed to replace transient unit density under this policy are subject to
the following criteria:
a. The property's Future Land Use category and Land Use (Zoning) District must allow the proposed
e of affordable housing dwelling units as a permitted use,
b. The property shall have all infrastructure in place and development of affordable housing units
developed to replace transient unit density under this policy shall meet adopted LOS as required
by Policies 101. 1.3 101.1.4 101.1.5 and 101 .1.6
c. The property shall be located within a Tier III designated area,
d.
T; ';Any affordable unit provided pursuant to this policy located within a velocity
(V) zone shall meet current building code and floodplain requirements.
e. The property shall not be located within a designated CBRS unit,
f Affordable housing (as permitted by the property's FLUM and Zoning designations) and
accessory uses thereto shall be the only uses permitted on
tl*o property redeveloped under this policy-
File 2016 -046 Page 19 of 33
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g.
Each affordable unit provided pursuant to this policy shall contain a minimum of 400 square feet
h.
of habitable floor area,
Prior to approval of a development agreement, all structures /units to be maintained on site shall
pass a life safety inspection conducted in a manner prescribed by the Monroe County Building
i.
Department,
Each affordable unit provided pursuant to this policy shall comply with hurricane standards
established by the Florida Building Code and habitability standards established under the Florida
Landlord and Tenant Act. Compliance shall be accomplished in a manner and within a
j .
timeframe set forth in the development agreement,
Prior to the issuance of a building permit for any affordable unit provided pursuant to this policy,
the property owner must obtain an affordable ROGO allocation for each proposed unit, transient
ROGO exemptions may not be converted into permanent ROGO exemptions for either
k.
affordable or market rate dwelling units, and
Any transfers of transient ROGO exemptions from the site shall be subject to the THE
1.
requirements of Policy 101.6.8.; and
The major conditional use permit shall determine the proportion of affordable units to be built in
each affordable housing income category as defined in Section 101 -1 of the Land Development
Code.
Based on discussion and public input at the public hearings held by the Planning Commission
on September 28 and October 26, 2016, the Planning Commission is recommending approval
of the proposed amendment with the following revisions (Planning Commission
recommendations are shown in red: additions with a double underline and deletions with a
those suggestions made by the PC at the October 26 hearing are also
highlighted in ellow
PC discussed and directed:
• The property owner should not necessarily be entitled to replace the full density of the
transient use with affordable housing; the number of affordable housing units to be
developed should be determined by the development agreement and /or conditional use
process based on what is appropriate for the specific site; second paragraph: change
"Lawfully established transient units recognized by the County shall be entitled to a density
of one transient dwelling unit..." to "Lawfully established transient units recognized by the
County may receive a density of up to one transient dwelling unit...";
• Placement of affordable units with in a V -zone should not be prohibited, but add a
requirement so that an increased flood insurance burden is not placed on those living in
affordable units: units located within a velocity (V) zone shall only be rental units and shall
be elevated above base flood elevation to meet floodplain requirements;
• Regarding life safety inspections: change "Prior to approval of a development agreement..."
to "Prior to approval of a certificate of occupancy...;" to allow for work being done to
upgrade /improve existing buildings as part of the overall project;
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• Regarding hurricane and habitability standards: change compliance timeframe to "prior to
occupancy;" to allow for work being done to upgrade /improve existing buildings as part of
the overall project;
• All affordable units developed under this policy should be required to be "employee
housing," and potentially be revised to "workforce housing" after adoption of a definition for
workforce housing into the Comprehensive Plan / LDC as directed by the BOCC to be
consistent with the recommendations of the AHAC; Change all references to "affordable"
housing units to "employee" housing units, as appropriate;
• Staff to develop language to add a requirement that any existing structures maintained on the
site must be brought into compliance with all building codes even if renovations do not
constitute a substantial improvement;
• Add a requirement that all units under this policy must be rental units;
• Add a clause that notwithstanding Section 138- 24(c)(3) of the LDC, affordable units
developed under this policy to replace transient units lawfully established within a v -zone
may receive an affordable ROGO allocation provided they meet all other requirements of the
policy and are used as rental units only;
• Add a new bullet stating: "Transient ROGOs shall not be transferred off property prior to the
approval of the development agreement;" and
• Add a new bullet stating: "Any proposed project shall demonstrate that the proposed density
is consistent with the community character and address the demonstrated need within the
ROGO subarea."
STAFF and PLANNING COMMISSION RECOMMENDATION (following 10/26/2016 PC
hearin
Policy 101.5.29
Notwithstanding the density limitations set forth in Policy 101.5.25, land upon which a lawfully
established residential permanent dwelling unit exists shall be entitled to a density of one permanent
dwelling unit per each recognized lawfully established permanent unit. Such lawfully established
dwelling unit(s) shall not be considered nonconforming as to the density provisions of Policy
101.5.25 and the Monroe County Code. Lawfully established transient units shall be entitled to one
unit for each type of unit in existence before January 4. 1996 for use as a ROGO exemption.
Lawfully established transient units recognized by the County may receive a
density of up to one transient dwelling unit per each recognized lawfully established transient unit,
for the purpose of replacing the recognized density with affefd#A4eemblovee housing, and shall not
be considered nonconforming as to the density provisions of Policy 101.5.25 and the Monroe County
Land Development Code.
Notwithstanding Policy 101.8.2, and t =o further the purposes and goals of the Housing Element of
the Comprehensive Plan, the transient density and units of hotel and motel uses recognized pursuant
to this policy and Section 130 -163 of the Land Development Code may be replaced at up to the same
density on a unit per unit basis with a` employee housing units, subject to obtaining
affordable ROGO allocations, and pursuant to a development agreement and a mai or conditional use
ep rmit.
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Employee housing units developed to replace transient unit density under this policy are
subject to the following criteria:
a. The property's Future Land Use category and Land Use (Zoning) District must allow the
proposed type of - - - i � 4�F� 4-6- employee housing dwelling units as a permitted use,
b.
The property shall have all infrastructure in place and development of hem to ee
housing units developed to replace transient unit density under this policy shall meet adopted
LOS as required by Policies 101. 1.3 101.1.4 101.1.5 and 101. 1.6
c.
d.
The property shall be located within a Tier III designated area,
Employee housing units provided pursuant to this policy shall only be used as rental housing
e.
Notwithstanding Section 138- 24(c)(3)_ in instances where transient units and the structures in
which they are located are lawfully established within a velocity (V) zone, they may receive an
affordable ROGO allocation for employee housing within the V zone. provided the employee
f
housing units meet all requirements of this policy:
Any hem to ee housing units provided pursuant to this polic
located within a velocity (V) zone shall A-- '.0-0 meet current building codes and
g.
h.
shall be elevated above base flood elevation to meet floodplain requirements:
The property shall not be located within a designated CBRS unit,
Employee housing (as permitted by the property's FLUM and Zoning designations)
and accessory uses thereto shall be the only uses permitted on
i.
ekhe property redeveloped under this policy,
Each employee housing unit provided pursuant to this policy shall contain a minimum
j .
of 400 square feet of habitable floor area,
Prior to approval of a certificate of occupancy , all existing
structures /units to be maintained on site shall be brought into com liance with all building codes
as if they were new construction, and shall pass a life safety inspection conducted in a manner
k.
prescribed by the Monroe County Building Department,
Each employee housing unit provided pursuant to this policy shall comply with
hurricane standards established by the Florida Building Code and habitability standards
established under the Florida Landlord and Tenant Act. Compliance shall be accomplished
to occu anc
1.
Prior to the issuance of a building_ permit for any employee housing unit provided
pursuant to this policy, the property owner must obtain an affordable ROGO allocation for each
proposed unit, transient ROGO exemptions may not be converted into permanent ROGO
exemptions for either affordable or market rate dwelling units;
File 2016 -046 Page 22 of 33
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N.2.c
m. Any transfers of transient ROGO exemptions from the site shall be subject to the THE
requirements of Policy 101.6.8,
n. The major conditional use permit shall determine the proportion of offiw4&66employee housing
units to be built in each affordable housing income category as defined in Section 101 -1 of the
Land Development Code
o. Transient ROGOs shall not be transferred off a property to be redeveloped under this policy prior
to the approval of the development agreement, and
p. Any proposed project under this policy shall demonstrate that the proposed density is consistent
with the community character and shall address the demonstrated need within the ROGO
subarea.
The BOCC should note that the PC recommendation regarding award of affordable ROGO
allocations to units located within the V -zone (see bullet "e." in the proposed language above) is
inconsistent with current County policy and as discussed in detail on pages 11 -13 of this staff report,
may be inconsistent with the following Goals, Objectives, and Policies of the Comprehensive Plan:
Goal 101
Monroe County shall manage future growth to enhance the quality of life, ensure the safety of
County residents and visitors, and protect valuable natural resources.
Policy 101.3.3
Monroe County shall allocate at least 20% of the annual allocation, or as may be established by the
State of Florida, pursuant to Administration Commission Rules, to affordable housing units as part
of ROGO. Any portion of the allocations not used for affordable housing shall be retained and be
made available for affordable housing from ROGO year to ROGO year. Affordable housing eligible
for this separate allocation shall meet the criteria specified in Policy 601.1.4 and the Land
Development Code, but shall not be subject to the competitive Residential Permit Allocation and
Point System in Policy 101.6.4. Any parcel proposed for affordable housing shall not be located
within an area designated as Tier I as set forth under Goal 105 or within a Tier III -A Special
Protection Area as set forth in Policy 205.1.1.
LDC Section 138- 24(c)(4): No affordable housing allocation shall be awarded to
applicants located within a tier I designated area, within a V -zone on the county's flood
insurance rating map, within a tier II designated area on Big Pine Key and No Name
Key, or within a tier III -A (special protection area) if clearing is proposed for any
portion of an upland native habitat patch of a one acre or greater in area.
Objective 101.6
Monroe County shall maintain and implement a Point System based primarily on the Tier system of
land classification in accordance with Goal 105, which directs future growth in order to:
1. maintain and enhance the character of the community [ §163.3177(6)(a)2.c.,F.S.J;
2. protect natural resources [ §163.3177(6)(a)3.f.,F.S.J;
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3. encourage a compactpattern of development [ §163.3177(6)(a)2.h.,ES.J;
4. encourage the development of affordable housing;
S. direct future growth to appropriate infill areas and away from inappropriate
locations not suitable for development such as environmentally sensitive areas,
Coastal Barrier Resource System (CBRS) Units, and V- zones; and
6 encourage development in areas served by central wastewater treatment systems.
Policy 101.6 2
In order to encourage a compact form of residential growth that results in infill development in
platted, improved subdivisions, the Point System shall be primarily based on the Tier system of land
classification as set forth under Goal 105. To discourage and limit further growth in Tier I
designated areas, the annual maximum number of residential permit allocations that may be
awarded in Tier I shall be no more than three (3) each in the Upper and Lower ROGO subareas.
Other criteria and corresponding points are allocated to encourage development to the most
appropriate locations and discourage development from inappropriate locations. * * *
Policy 101.6 3
In order to encourage a compact form of nonresidential growth, the Point System shall be primarily
based on the Tier system of land classification as set forth under Goal 105. To discourage and limit
further growth in Tier I designated areas, the Permit Allocation System shall limit and direct new
nonresidential development primarily to areas designated as Tier III under Goal 105, not areas
designated as a Special Protection Area (Tier III A) and provide incentives for redevelopment of
existing developed and vacant infill sites. Other criteria and corresponding points are available to
encourage development to the most appropriate locations and discourage development from
inappropriate locations. (See Policy 101.4.1.)
Goal 601
Monroe County shall adopt programs and policies to facilitate access by residents to adequate and
affordable housing that is safe, decent, and structurally sound, and that meets the needs of the
population based on type, tenure characteristics, unit size and individual preferences.
VI. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE
PRINCIPLES FOR GUIDING DEVELOPMENT, AND FLORIDA STATUTES.
A. The proposed amendment is consistent with the Goals, Objectives and Policies of the
Monroe County 2030 Comprehensive Plan. Specifically, it furthers:
*Goal 101: Monroe County shall manage future growth to enhance the quality of life, ensure the
safety of County residents and visitors, and protect valuable natural resources.
Objective 101.3
Monroe County shall regulate new residential development based upon the finite carrying
capacity of the natural and man -made systems and the growth capacity while maintaining a
maximum hurricane evacuation clearance time of 24 hours.
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Packet Pg. 1453
*Policy 101.3.3
Monroe County shall allocate at least 20% of the annual allocation, or as may be established by
the State of Florida, pursuant to Administration Commission Rules, to affordable housing units
as part of ROGO. Any portion of the allocations not used for affordable housing shall be retained
and be made available for affordable housing from ROGO year to ROGO year. Affordable
housing eligible for this separate allocation shall meet the criteria specified in Policy 601.1.4 and
the Land Development Code, but shall not be subject to the competitive Residential Permit
Allocation and Point System in Policy 101.6.4. Any parcel proposed for affordable housing shall
not be located within an area designated as Tier I as set forth under Goal 105 or within a Tier III-
A Special Protection Area as set forth in Policy 205.1.1.
Policy 101.3.5
Due to the limited number of allocations and the State's requirement that the County maintain a
maximum hurricane evacuation clearance time of 24 hours, Monroe County shall prohibit new
transient residential allocations for hotel or motel rooms, campground spaces, or spaces for
parking a recreational vehicle or travel trailer until May 2022. Lawfully established transient
units shall be entitled to one unit for each type of unit in existence before January 4, 1996 for use
as a ROGO exemption.
Objective 101.5
Monroe County shall regulate future development and redevelopment to maintain and enhance
the character of the community and protect natural resources by providing for the compatible
distribution of land uses consistent with the designations shown on the Future Land Use Map.
Policy 101.5.5
Monroe County shall maintain Land Development Regulations which allow nonconforming
nonresidential and transient uses in the RC, RL, RM and RH future land use categories that
lawfully existed on such lands on January 4, 1996 to develop, redevelop, reestablish and /or
substantially improve provided that the use is limited in density, intensity, floor area, and to the
type of use that existed on January 4, 1996.
Policy 101.5.26
In order to continue to implement the Florida Keys Carrying Capacity Study, Monroe County
shall promote the reduction in overall County residential density and the preservation of Monroe
County's native habitat by enacting legislation which implements the following policy
statements for private applications for future land use map amendments which increase allowable
residential allocated density. Private application(s) means those applications from private entities
with ownership of the upland development and parcel(s) of land or includes private upland
development on County -owned land.
Private applications requesting future land use map designation amendments received after the
effective date of this ordinance (Nov. 20, 2012), which propose increases in allocated residential
density shall be required, upon amendment approval, to comply with either option (1) or (2)
below:...
File 2016 -046 Page 25 of 33
Policy 101.6.8
Monroe County shall maintain a Transfer of ROGO Exemption (TRE) program, that allows for
the transfer off -site of dwelling units, hotel rooms, campground /recreational vehicle spaces
and /or mobile homes to another site in the same ROGO subarea, provided that they are lawfully
existing and can be accounted for in the County's hurricane evacuation model. Dwelling units
may be transferred as follows:
a. between sites in the Upper Keys ROGO subarea;
b. between sites in the Lower Keys ROGO subarea;
c. between sites in the Big Pine Key and No Name Key ROGO subarea;
i. units from the Big Pine Key and No Name Key ROGO subarea may also be
transferred to the Lower Keys ROGO subarea.
No sender units may be transferred to an area where there are inadequate facilities and
services.
Sender Site Criteria:
1. Contains a documented lawfully- established sender unit recognized by the
County; and
2. Located in a Tier I, II, III-A, or III designated area; including any tier within the
County's Military Installation Area of Impact (MIAI) Overlay.
Receiver Site Criteria:
3. The Future Land Use category and Land Use (Zoning) District must allow the
requested use;
4. Must meet the adopted density standards;
5. Includes all infrastructure (potable water, adequate wastewater treatment and
disposal wastewater meeting adopted LOS, paved roads, etc.);
6. Located within a Tier III designated area; and
7. Structures are not located in a velocity (V) zone or within a CBRS unit.
Policy 101.8.7
Monroe County shall maintain Land Development Regulations which allow nonconforming
nonresidential and transient uses in the RC, RL, RM and RH future land use categories that
lawfully existed on such lands on January 4, 1996 to develop, redevelop, reestablish and /or
substantially improve provided that the use is limited in density /intensity, floor area, and to the
type of use that existed on January 4, 1996.
Policy 101.13.3
Transfer of Development Rights program sender and receiver sites are subject to the following
transfer conditions:
Sender Site Criteria:
1. Property has development rights to transfer, and
File 2016 -046 Page 26 of 33
2. Located in a Tier I, II, III-A, or III designated area; including any tier within the
County's Military Installation Area of Impact (MIAI) Overlay.
Receiver Site Criteria:
1. The Future Land Use category and Land Use (Zoning) District must allow the
requested use;
• Liveable CommuniKeys Community Centers shall be encouraged as receiving
areas for transfer of development rights.
2. Must have an adopted maximum net density standards;
3. Includes all infrastructure (potable water, adequate wastewater treatment and
disposal wastewater meeting adopted LOS, paved roads, etc.)
4. Located within a Tier III designated area; and
5. Is not located within a designated CBRS unit.
Goal 102: Monroe County shall direct future growth to lands which are most suitable for
development and shall encourage conservation and protection of environmentally sensitive lands
(wetlands, beach berm and tropical hardwood hammock).
Objective 105.2
Monroe County shall maintain, with assistance of the state and federal governments, a 20 -year
Land Acquisition Program to: 1) secure funding for environmentally sensitive lands; 2) retire
development rights on privately -owned vacant lands to limit further sprawl and equitably balance
the rights of property owners with the long -term sustainability of the Keys man -made and natural
systems; and, 3) secure and retain lands suitable for affordable housing. This objective
recognizes the finite limits of the carrying capacity of the natural and man -made systems in the
Florida Keys to continually accommodate further development and the need for the significant
expansion of the public acquisition of vacant developable lands and development rights to
equitably balance the rights and expectations of property owners. This includes the recognition
that Monroe County must ensure public safety through the ability to maintain a 24 -hour
hurricane evacuation clearance time.
Policy 105.2.1
Monroe County shall designate all lands outside of mainland Monroe County, except for the
Ocean Reef planned development, into three general categories for purposes of its Land
Acquisition Program and smart growth initiatives in accordance with the criteria in Policy
205.1.1. These three categories are: Natural Area (Tier 1); Transition and Sprawl Reduction
Area (Tier II) on Big Pine Key and No Name Key only; and Infill Area (Tier III). The purposes,
general characteristics, and growth management approaches associated with each tier are as
follows:
1. Natural Area (Tier I): Any defined geographic area where all or a significant
portion of the land area is characterized as environmentally sensitive by the policies
of this Plan and applicable habitat conservation plan, is to be designated as a
Natural Area. New development on vacant land is to be severely restricted and
File 2016 -046 Page 27 of 33
privately owned vacant lands are to be acquired or development rights retired for
resource conservation and passive recreation purposes. However, this does not
preclude provisions of infrastructure for existing development. Within the Natural
Area designation are typically found lands within the acquisition boundaries of
federal and state resource conservation and park areas, including isolated platted
subdivisions; and privately -owned vacant lands with sensitive environmental
features outside these acquisition areas.
2. Transition and Sprawl Reduction Area (Tier II): Any defined geographic area on
Big Pine Key and No Name Key, where scattered groups and fragments of
environmentally sensitive lands, as defined by this Plan, may be found and where
existing platted subdivisions are not predominately developed, not served by
complete infrastructure facilities, or not within close proximity to established
commercial areas, is to be designated as a Transition and Sprawl Reduction Area.
New development is to be discouraged and privately owned vacant lands acquired
or development rights retired to reduce sprawl, ensure that the Keys carrying
capacity is not exceeded, and prevent further encroachment on sensitive natural
resources. Within a Transition and Sprawl Reduction Area are typically found:
scattered small nonresidential development and platted subdivisions with less than
50 percent of the lots developed; incomplete infrastructure in terms of paved roads,
potable water, or electricity; and scattered clusters of environmentally sensitive
lands, some of which are within or in close proximity to existing platted
subdivisions.
3. Infill Area (Tier III): Any defined geographic area, where a significant portion of
land area is not characterized as environmentally sensitive as defined by this Plan,
except for dispersed and isolated fragments of environmentally sensitive lands of
less than four acres in area, where existing platted subdivisions are substantially
developed, served by complete infrastructure facilities, and within close proximity
to established commercial areas, or where a concentration of nonresidential uses
exists, is to be designated as an Infill Area. New development and redevelopment
are to be highly encouraged, except within tropical hardwood hammock or pineland
patches of an acre or more in area, where development is to be discouraged. Within
an Infill Area are typically found: platted subdivisions with 50 percent or more
developed lots situated in areas with few sensitive environmental features; full
range of available public infrastructure in terms of paved roads, potable water, and
electricity; and concentrations of commercial and other nonresidential uses within
close proximity. In some Infill Areas, a mix of nonresidential and high- density
residential uses (generally 8 units or more per acre) may also be found that form a
Community Center.
Goal 205: The health and integrity of Monroe County's native upland vegetation shall be
protected and, where possible, enhanced.
Objective 205.1
Monroe County shall maintain the Tier Overlay District Maps as required in Policy 105.2.2
File 2016 -046 Page 28 of 33
Policy 205.1.1
The County shall establish the following criteria, at a minimum, to use when designating Tiers
Land located outside of Big Pine Key and No Name Key shall be designated as Tier I
based on following criteria:
• Natural areas including old and new growth upland native vegetated areas, above
4 acres in area.
• Vacant land which can be restored to connect upland native habitat patches and
reduce further fragmentation of upland native habitat.
• Lands required to provide an undeveloped buffer, up to 500 feet in depth, if
indicated by appropriate special species studies, between natural areas and
development to reduce secondary impacts; canals or roadways, depending on size
may form a boundary that removes the need for the buffer or reduces its depth.
• Lands designated for acquisition by public agencies for conservation and natural
resource protection.
• Known locations of threatened and endangered species.
• Lands designated as Conservation and Residential Conservation on the Future
Land Use Map or within a buffer /restoration area as appropriate.
• Areas with minimal existing development and infrastructure.
2. Lands on Big Pine Key and No Name Key designated as Tier I, II, or III shall be in
accordance with the wildlife habitat quality criteria as defined in the Habitat
Conservation Plan for those islands.
3. Lands located outside of Big Pine Key and No Name Key that are not designated Tier
I shall be designated Tier III.
4. Designated Tier III lands located outside of Big Pine Key and No Name Key with
tropical hardwood hammock or pinelands of one acre or greater in area shall be
designated as Special Protection Areas.
5. Lands within the Ocean Reef planned development shall be excluded from any Tier
designation.
Goal 601: Monroe County shall adopt programs and policies to facilitate access by residents to
adequate and affordable housing that is safe, decent, and structurally sound, and that meets the
needs of the population based on type, tenure characteristics, unit size and individual
preferences.
Policy 601.1.8
Monroe County shall allocate at least 20% of the annual ROGO allocation, or as may be
established by the State of Florida, pursuant to Administration Commission Rules, to affordable
housing units, as specified in Policy 101.3.3. Affordable housing eligible for this separate
allocation must meet the criteria established in the Land Code.
File 2016 -046 Page 29 of 33
Policy 601.1.9
Monroe County shall maintain land development regulations which may include density
bonuses, impact fee waiver programs, and other possible regulations to encourage affordable
housing.
*Goal 601
Monroe County shall adopt programs and policies to facilitate access by residents to adequate
and affordable housing that is safe, decent, and structurally sound, and that meets the needs of
the population based on type, tenure characteristics, unit size and individual preferences.
*Staff maintains that inclusion of the PC recommendation to allow affordable ROGO
allocations to be awarded to property within a v -zone under the proposed policy may not
be consistent with Goal 101, Policy 101.3.3, and Goal 601.
B. The amendment is consistent with the Principles for Guiding Development for the Florida
Keys Area, Section 380.0552(7), Florida Statutes.
For the purposes of reviewing consistency of the adopted plan or any amendments to that plan
with the principles for guiding development and any amendments to the principles, the principles
shall be construed as a whole and no specific provision shall be construed or applied in isolation
from the other provisions.
(a) Strengthening local government capabilities for managing land use and development so that local
government is able to achieve these objectives without continuing the area of critical state concern
designation.
(b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass beds,
wetlands, fish and wildlife, and their habitat.
(c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical
vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife, and
their habitat.
(d) Ensuring the maximum well -being of the Florida Keys and its citizens through sound economic
development.
(e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys.
(f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, and
ensuring that development is compatible with the unique historic character of the Florida Keys.
(g) Protecting the historical heritage of the Florida Keys.
(h) Protecting the value, efficiency, cost - effectiveness, and amortized life of existing and proposed major
public investments, including:
1. The Florida Keys Aqueduct and water supply facilities;
2. Sewage collection, treatment, and disposal facilities;
3. Solid waste treatment, collection, and disposal facilities;
4. Key West Naval Air Station and other military facilities;
5. Transportation facilities;
6. Federal parks, wildlife refuges, and marine sanctuaries;
7. State parks, recreation facilities, aquatic preserves, and other publicly owned properties;
8. City electric service and the Florida Keys Electric Co -op; and
9. Other utilities, as appropriate.
File 2016 -046 Page 30 of 33
(i) Protecting and improving water quality by providing for the construction, operation, maintenance,
and replacement of stormwater management facilities; central sewage collection; treatment and
disposal facilities; and the installation and proper operation and maintenance of onsite sewage
treatment and disposal systems.
(j) Ensuring the improvement of nearshore water quality by requiring the construction and operation of
wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and 403.086(10),
as applicable, and by directing growth to areas served by central wastewater treatment facilities
through permit allocation systems.
(k) Limiting the adverse impacts of public investments on the environmental resources of the Florida
Keys.
(1) Making available adequate affordable housing for all sectors of the population of the Florida Keys.
(m) Providing adequate alternatives for the protection of public safety and welfare in the event of a
natural or manmade disaster and for a postdisaster reconstruction plan.
(n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining
the Florida Keys as a unique Florida resource.
Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent
with the Principles for Guiding Development as a whole and is not inconsistent with any
Principle.
C. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute
(F.S.). Specifically, the amendment furthers:
163.3161(4), F.S. — It is the intent of this act that local governments have the ability to preserve
and enhance present advantages; encourage the most appropriate use of land, water, and
resources, consistent with the public interest; overcome present handicaps; and deal
effectively with future problems that may result from the use and development of land within
their jurisdictions. Through the process of comprehensive planning, it is intended that units
of local government can preserve, promote, protect, and improve the public health, safety,
comfort, good order, appearance, convenience, law enforcement and fire prevention, and
general welfare; facilitate the adequate and efficient provision of transportation, water,
sewerage, schools, parks, recreational facilities, housing, and other requirements and
services; and conserve, develop, utilize, and protect natural resources within their
jurisdictions.
163.3161(6), F.S. — It is the intent of this act that adopted comprehensive plans shall have the
legal status set out in this act and that no public or private development shall be permitted
except in conformity with comprehensive plans, or elements or portions thereof, prepared
and adopted in conformity with this act.
163.3177(1), F.S. — The comprehensive plan shall provide the principles, guidelines, standards,
and strategies for the orderly and balanced future economic, social, physical, environmental,
and fiscal development of the area that reflects community commitments to implement the
plan and its elements. These principles and strategies shall guide future decisions in a
consistent manner and shall contain programs and activities to ensure comprehensive plans
are implemented. The sections of the comprehensive plan containing the principles and
strategies, generally provided as goals, objectives, and policies, shall describe how the local
government's programs, activities, and land development regulations will be initiated,
modified, or continued to implement the comprehensive plan in a consistent manner. It is not
File 2016 -046 Page 31 of 33
the intent of this part to require the inclusion of implementing regulations in the
comprehensive plan but rather to require identification of those programs, activities, and land
development regulations that will be part of the strategy for implementing the comprehensive
plan and the principles that describe how the programs, activities, and land development
regulations will be carried out. The plan shall establish meaningful and predictable standards
for the use and development of land and provide meaningful guidelines for the content of
more detailed land development and use regulations.
163.3178(l), F.S. - Coastal management.— The Legislature recognizes there is significant
interest in the resources of the coastal zone of the state. Further, the Legislature recognizes
that, in the event of a natural disaster, the state may provide financial assistance to local
governments for the reconstruction of roads, sewer systems, and other public facilities.
Therefore, it is the intent of the Legislature that local government comprehensive plans
restrict development activities where such activities would damage or destroy coastal
resources, and that such plans protect human life and limit public expenditures in areas that
are subject to destruction by natural disaster.
163.3201, F.S. – Relationship of comprehensive plan to exercise of land development regulatory
authority.It is the intent of this act that adopted comprehensive plans or elements thereof
shall be implemented, in part, by the adoption and enforcement of appropriate local
regulations on the development of lands and waters within an area. It is the intent of this act
that the adoption and enforcement by a governing body of regulations for the development of
land or the adoption and enforcement by a governing body of a land development code for an
area shall be based on, be related to, and be a means of implementation for an adopted
comprehensive plan as required by this act.
VII. PROCESS
Comprehensive Plan Amendments may be proposed by the Board of County Commissioners, the
Planning Commission, the Director of Planning, or the owner or other person having a contractual
interest in property to be affected by a proposed amendment. The Director of Planning shall review
and process applications as they are received and pass them onto the Development Review
Committee and the Planning Commission.
The Planning Commission shall hold at least one public hearing. The Planning Commission shall
review the application, the reports and recommendations of the Department of Planning &
Environmental Resources and the Development Review Committee and the testimony given at the
public hearing. The Planning Commission shall submit its recommendations and findings to the
Board of County Commissioners (BOCC). The BOCC holds a public hearing to consider the
transmittal of the proposed comprehensive plan amendment, and considers the staff report, staff
recommendation, and the testimony given at the public hearing. The BOCC may or may not
recommend transmittal to the State Land Planning Agency. The amendment is transmitted to State
Land Planning Agency, which then reviews the proposal and issues an Objections,
Recommendations and Comments (ORC) Report. Upon receipt of the ORC report, the County has
180 days to adopt the amendments, adopt the amendments with changes or not adopt the
amendment.
File 2016 -046 Page 32 of 33
VIII. STAFF RECOMMENDATION
The Planning Commission recommends approval of the proposed amendments to Policy 101.5.29, as
shown on pages 21 -23 of this staff report.
Staff recommends approval of the proposed amendments to Policy 101.5.29 with all changes
recommended by the Planning Commission following their October 26, 2016 hearing except the
provision allowing the award of affordable ROGO allocations to property within a v -zone, as stated
in this staff report.
IX. EXHIBITS
1. Map series identifying existing Tier III hotel /motel properties.
File 2016 -046 Page 33 of 33
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