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Item R02R.2 G BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Sylvia Murphy, District 5 The Florida. Keys Mayor Pro Tern Danny Kolhage, District 1 �pw° Michelle Coldiron, District 2 Heather Carruthers, District 3 David Rice, District 5 County Commission Meeting February 20, 2019 Agenda Item Number: R.2 Agenda Item Summary #4765 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: A public hearing to consider an ordinance by the Monroe County Board of County Commissioners amending the Monroe County Future Land Use Map as a small- scale comprehensive plan amendment pursuant to Section 163.3187, Florida Statutes, from Residential High (RH) and Residential Conservation (RC) to Mixed Use / Commercial (MC), for property located at 21585 Old State Road 4A, Cudjoe Key, having real estate 4 00174960-000000, as proposed by Smith Hawks, PL on behalf of Mobile Homes Holdings Coco, LLC; contingent on adoption and effectiveness of proposed Subarea Policy 107.1.7 of the Comprehensive Plan to provide limitation on development and specific restrictions on the subject property. (File 42018-051) ITEM BACKGROUND: On March 12, 2018, the Planning and Environmental Resources Department received an application from Smith Hawks, PL on behalf of Mobile Home Holdings Coco, LLC (the "Applicant") to amend the Monroe County Future Land Use Map (FLUM) from Residential High (RH; 1.1 acres) and Residential Conservation (RC; 0.6 acres) to Mixed Use / Commercial (MC; 1.7 acres) for a portion of property located at 21585 Old State Road 4A on Cudjoe Key. The Applicant has also requested a corresponding Land Use District (Zoning) map amendment for the subject property from Urban Residential Mobile Home (URM; 1.1 acres) and Native Area (NA; 0.6 acres) to Suburban Commercial (SC; 1.7 acres) and a Comprehensive Plan text amendment to create a subarea policy that would provide additional development restrictions on the subject parcel, including a limitation that the only permitted use on the property would be affordable housing and accessory uses. The proposed subarea policy and FLUM amendment would be processed as "small-scale comprehensive plan amendments" pursuant to Section 163.3187, Florida Statutes, based on the size of the site and the limitation of development to affordable housing. Packet Pg. 1866 R.2 Existing FLUM Designation Proposed FLUM Designation The proposed FLUM and a corresponding Zoning amendment are also scheduled for public hearing before the BOCC at the February 20, 2019 regular meeting. In the application materials, the Applicant states that the reason for the proposed amendments is to limit the Property's permitted uses to affordable housing and accessory structures and uses, and to allow an increased density necessary to develop an additional sixteen (16) units of affordable housing. In accordance with LDC Sections 102-158(a) and 102-159(b), a community meeting was held on May 31, 2018 at 5:30 PM to discuss the proposed Future Land Use Map (FLUM) amendment, and corresponding Comprehensive Plan text amendment and Land Use District (Zoning) Map amendment, and provide for public participation. The proposed FLUM amendment and associated text and Zoning amendments were reviewed by the Monroe County Development Review Committee at a public meeting on May 29, 2018. At a regular meeting on July 25, 2018 the Planning Commission held a public hearing and considered the proposed FLUM amendment and corresponding subarea policy and LUD map amendments and provided for public comment. The Planning Commission considered the application, the staff report, and the comments from the public in their discussion, and recommended approval with changes, as discussed at the public hearing, of the proposed FLUM amendment through Resolution P26-18. The changes requested related to the text amendment to the Comprehensive Plan that would create a sub area policy for the property. The changes requested that the sixteen (16) new units would consist of five (5) moderate income, five (5) median income and six (6) low income affordable allocations. The proposed density during the PC review was as follows: Maximum development Existing FLUM Type Adopted Standards potential based upon density/intensity Packet Pg. 1867 R.2 Residential Allocated Density Residential High (RHO TDR/Market Rate Residential Max Net Density Total Upland Area: 1.1 acres* (49,197 sf) Affordable Residentio Max Net Density 0.88 buildable acres (1.1 ac — 0.20 open space ratio) Residential Conservation (RC) Total Upland Area: 0.6 acres* (24,746 sf) 0.48 buildable acres (0.6 ac — 0.20 open space ratio) Transient Allocated Density Nonresidential Maximum Intensity Residential Allocated Density TDR/Market Rate Residential Max Net Density Affordable Residential Max Net Density Transient Allocated Density Nonresidential Maximum Intensity Mixed Use/Commercial (MC) Total Upland Area: Residential .61 acres* Allocated Density (26 428 -n 6 du (UR) I du/lot (URM, URM-L) 12 du (UR) N/A (IS-D, URM, URM-L) 25 du (UR) N/A (IS-D, URM, URM-L) 0-10 rooms/spaces 0 0-0.10 du (OS) 0.25 du (NA) N/A N/A 0 rooms/spaces 0-0.20 FAR 1 du (DR, MU, MI) 3 du (SC) 6 du (UC) Commercial Apartments (RV) 9 0.49 buildable acres TDR/Market Rate 2 du (MI) (0.61 ac — 0.20 open Residential Max Net space ratio) Density 6-18du (SC) 6 units 10 units 22 units 11 rooms/spaces 0 sf 0 units 0 units 0 units 0 rooms/spaces 4,949 sf 3 units 8 units Packet Pg. 1868 R.2 12 du (UC) 12-18 du (MIJ) 18 du (DR) 2 du (MI) 6-18du (SC) Affordable Residential 12 du (UC) Max Net Density 12-18 du (MU) 8 units 18 du (DR) Transient 10-25 rooms/spaces 12 rooms/spaces Allocated Density 0.10 — 0.45 (SC, UC, DR, MU) Nonresidential Maximum Intensity <2,500 SF (RV) 15,586 sf 0.30-0.60 (MI) FAR Maximum development Proposed FLUM Type Adopted Standards potential based upon density/intensity 1 du (DR, MU, MI) 3 du (SC) Mixed Use/Commercial (MC) Residential 6 du UC ( ) 13 units market Allocated Density Commercial Apartments rate** Total Upland Area: (RV) (h) 2.3 acres* (100,359 sf) 2 du (MI) 6-18du (SC) W 1.84 buildable acres TDR/Market Rate 12 du (UC) 33 units market (2.3 ac — 0 open Residential Max Net Density 12-18 du (MU) W rate** t space raatio) 18 du (DR) Packet Pg. 1869 R.2 2 du (MI) 6-18du (SC) (k) Affordable Residential Max Net Density 12 du (UC) 12-18 du (MIJ) (k) 33 units affordable 18 du (DR) Transient 5-15 rooms or spaces 34 rooms/spaces** Allocated Density 0.10 — 0.45 (SC, UC, DR, MU) Nonresidential Maximum Intensity <2,500 SF (RV) 60,215 sf 0.30-0.60 (MI) Maximum Proposed FLUM with Proposed Subarea Policy Type Per Proposed Subarea Policy Development potential based upon Subarea Policy Density Residential Mixed 0 du/acre 0 units market rate Use/Commercial (MC) Allocated Density TDR/Market Rate Residential Max Net 0 du/acre 0 units market rate Total Upland Area: Density 2.3 acres* Affordable Residential Max Net Density 18 du/buildable acre 33 units affordable (100,359 sf) Transient 1.84 buildable acres Allocated Density 0 rooms or spaces /acre 0 rooms/spaces (2.3 ac — 0.20 open Nonresidential space ratio) 0 FAR 0 sf Maximum Intensity Residential Market Rate Allocated: +4 units TDR/Market Rate Residential Max Net: +15 units Net Change in Affordable Residential Max Net: +3 units affordable Development Potential Based on FLUM Transient Allocated: +11 rooms/spaces Nonresidential: +39,680 sf Packet Pg. 1870 R.2 Residential Market Rate Allocated: -9 units Net Change in TDR/Market Rate Residential Max Net: -18 units Development Potential Affordable Residential Max Net: +3 units affordable Based on FLUM with Proposed Subarea Policy Transient Allocated: -23 rooms/spaces Nonresidential:-20,535 sf *Per the submitted survey by Frederick H. Hildebrandt, dated 12/5/2017, the site has 2.30 acres (100,359 st) of upland. "The proposed subarea policy to accompany this proposed FLUM amendment would eliminate all permanent and transient allocated density and all nonresidential intensity on the site. Per the proposed subarea policy, the only density on the site would be a maximum net density of 18 dwelling units per buildable acre for affordable housing units, which would bring the maximum development potential for the site to 33 deed restricted affordable dwelling units. As shown in the orange portion of the table, the proposed FLUM amendment with the proposed Subarea Policy would result in a decrease of 9 units in permanent allocated residential development potential; a decrease of 18 units in max net density residential potential for market rate units with the use of TDRs; an increase of 3 units in affordable residential development potential; a decrease of 23 rooms or spaces for transient units; and a decrease in nonresidential development potential of 20,535 square feet. Any proposed new residential use would be subject to the requirements of Chapter 138 of the Land Development Code related to the Residential Rate of Growth Ordinance (ROGO/NROGO) permit process. Any proposed affordable dwelling units would need to obtain a ROGO allocation (affordable ROGO allocations may be available) prior to issuance of a building permit. Assuming the BOCC approves the proposed comprehensive plan amendment, the executed ordinances will be filed with the Secretary of State. Pursuant to Section 163.3187, F.S., a small scale amendment may not become effective until 31 days after adoption and any affected person may file a petition with the Division of Administrative Hearings pursuant to Sections 120.569 and 120.57, F.S., to request a hearing to challenge the compliance of a small scale development amendment with this act within 30 days following the local government's adoption of the amendment. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Staff recommends that the Board of County Commissioners consider both the recommendation staff and of the Planning Commission. For the proposed FLUM amendment from Residential High (RH) and Residential Conservation (RC) to Mixed Use / Commercial (MC) for property located at 21585 Old State Road 4A on Cudjoe Key, staff is Packet Pg. 1871 R.2 recommending approval in order to incentivize affordable employee housing on a Tier III property, contingent on adoption and effectiveness of the corresponding Comprehensive Plan Subarea Policy, specifically including the limitation that the only permitted use on the property would be affordable housing at a density of 18 dwelling units per buildable acre, not to exceed a total of 33 dwelling units on the site. DOCUMENTATION: 2018-051_FLUM_Staff Report Ex. l_subarea_policy with_staff changes FLUM_Map_l 1 X 17_Ex.2 2018-051 FLUM Ordinance 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 REVIEWED BY: If yes, amount: N/A Emily Schemper Completed Assistant County Administrator Christine Hurley 01/25/2019 11:46 AM Steve Williams Completed Maureen Proffitt Completed Budget and Finance Completed Maria Slavik Completed Kathy Peters Completed Board of County Commissioners Pending 01/25/2019 11:27 AM Completed 01/28/2019 10:09 AM 01/28/2019 2:10 PM 01/28/2019 2:29 PM 01/28/2019 2:34 PM 01/28/2019 4:59 PM 02/20/2019 9:00 AM Packet Pg. 1872 R.2.a 2 4 5 6 7 {n 14 MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring, professional and fair To: Through: From: Date: Monroe County Board of County Commissioners Emily Schemper, AICP, CFM, Senior Director of Planning & Environmental Resources Cheryl Cioffari, AICP, Comprehensive Planning Manager January 8, 2019 Subject: An Ordinance by the Monroe County Board of County Commissioners amending the Monroe County Future Land Use Map as a small-scale comprehensive plan amendment pursuant to Section 163.3187, Florida Statutes, from Residential High (RH) and Residential Conservation (RC) to Mixed Use / Commercial (MC), for property located at 21585 Old State Road 4A, Cudjoe Key, as proposed by Smith Hawks, PL on behalf of Mobile Homes Holdings Coco, LLC; contingent on adoption and effectiveness of proposed Subarea Policy 107.1.7 of the Comprehensive Plan to provide limitation on development and specific restrictions on the subject property. (File 42018-051) Meeting: February 20, 2019 I. REQUEST On March 12, 2018, the Planning and Environmental Resources Department received an application from Smith Hawks, PL on behalf of Mobile Home Holdings Coco, LLC (the "Applicant") to amend the Monroe County Future Land Use Map (FLUM) from Residential High (RH; 1.1 acres) and Residential Conservation (RC; 0.6 acres) to Mixed Use / Commercial (MC; 1.7 acres) for a portion of property located at 21585 Old State Road 4A on Cudjoe Key. The Applicant has also requested a corresponding Land Use District (Zoning) map amendment for the subject property from Urban Residential Mobile Home (URM; 1.1 acres) and Native Area (NA; 0.6 acres) to Suburban Commercial (SC; 1.7 acres) and a Comprehensive Plan text amendment to create a subarea policy that would provide additional development restrictions on the subject parcel, including a limitation that the only permitted use on the property would be affordable housing and accessory uses. The proposed subarea policy and FLUM amendment would be processed as "small-scale comprehensive plan amendments" pursuant to Section 163.3187, Florida Statutes, based on the size of the site and the limitation of development to affordable housing. The subject of this staff report is the proposed FLUMamendment. BOCC SR 01.23.19 File No. 2018-051 Page 1 of 23 Packet Pg. 1873 R.2.a 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Existing FLUM Designation II. BACKGROUND INFORMATION Proposed FLUM Designation Site Information: Location: MM 22, Cudjoe Key J. Address: 21585 Overseas Highway Description: A portion of Lot 30, Sacarma, Plat Book 2, Page 48, Cudjoe Key, Monroe County, Florida Real Estate Numbers: 00174960-000000 Owner/Applicant: Mobile Homes Holdings Coco, LLC Size of Property: 2.3 acres upland, per survey by Island Surveying, Inc., dated 9/8/08 and signed 2/22/18. (2.34 - acres per Monroe County Property Appraiser) Size of Affected Portion of Property: 73,931 SF (1.7 acres) per survey by Frederick H. Hildebrandt, Island Surveying, Inc., dated 12/5/17. FLUM Designations: Mixed Use/Commercial (MC), Residential High (RH) and Residential Conservation (RC) Land Use Districts: Suburban Commercial (SC), Urban Residential Mobile Home (URM) and Native Area (NA) Tier Designation: III Flood Zones: AE (EL 10) CBRS: No Existing Use: Developed with 17 mobile homes which are deed restricted affordable to a Declaration of Affordable y Housing Deed Restriction recorded in the Public Records of Monroe County at Official Records Book 2747, Pages 1667-1677. Existing Vegetation/Habitat: Mangrove, Buttonwood, Developed Land and Submerged Land Community Character of Immediate Vicinity: Adjacent land uses include vacant land to the west, open water to the north, commercial and residential uses to the east, and single-family and multi -family residential uses to the south across US 1. BOCC SR 01.23.19 File No. 2018-051 Page 2 of 23 Packet Pg. 1874 R.2.a I The property currently has a Land Use District (Zoning) designation of Suburban Commercial (SC), 2 Urban Residential Mobile Home (URM) and Native Area (NA) and a Future Land Use Map 3 (FLUM) designation of Mixed Use / Commercial (MC), Residential High (RH) and Residential 4 Conservation (RC). The property was partially within a BU-2 district (Medium Business) and RU-5P 5 (mobile Home Park Residential) prior to September 15, 1986. The mobile home park area of the site 6 was entirely within the RU-5P district. With the adoption of the Comprehensive Plan's FLUM in 7 1997, the property was given the current FLUM designation of Mixed Use/Commercial (MC), 8 Residential High (RH) and Residential Conservation (RC). 9 10 The property was historically used as a mobile home and RV park (Rainbow's End Trailer Park) and 11 restaurant (Coco's Cantina) dating back to the 1970s. The property is currently developed with 17 12 mobile homes and mostly scarified land. In the shoreline area of the property, there is mangrove 13 habitat (based on GIS habitat data). A vegetation survey/existing conditions report was not 14 submitted with the application to confirm the habitats. 15 16 The Applicant is also requesting a text amendment to the Monroe County Comprehensive Plan to 17 establish a site specific subarea policy to accompany the proposed Future Land Use Map amendment 18 for a portion of the property (the "Property") from Residential Conservation (RC) and Residential 19 High (RH) to Mixed Use/Commercial (MC) and a proposed Land Use District (Zoning) Map 20 amendment for a portion of the property from Urban Residential Mobile Home (URM) and Native 21 Area (NA) to Suburban Commercial (SC). The subject of this staff report is the proposed FLUM 22 amendment. 23 24 The Applicant states that the reason for the proposed amendments is to limit the Property's permitted 25 uses to affordable housing and accessory structures and uses, and to allow an increased density 26 necessary to develop an additional sixteen (16) units of affordable housing. The Applicant cites the 27 following documents/data: 28 1. Florida Housing data compiled by the University of Florida; and 29 2. Monroe County Affordable Housing Report dated November 2007. 30 This data indicates that in 2009, 37% of Monroe County households pay more than 30% of their 31 income for housing and 18% of Monroe County households pay more than 30% of their income for 32 housings. 33 34 The Applicant's full explanation and justification of the proposed amendments is included in the file 35 for the application (File 42018-051). 36 37 Staff has reviewed the Applicant's position and supporting documentation, and agrees with the 38 position that inadequate availability of affordable housing is currently a primary issue facing 39 permanent residents of unincorporated Monroe County. In 2015, the BOCC acknowledged the 40 County's workforce housing issues and adopted Resolution 189-2015, assigning additional duties to 41 the Affordable Housing Advisory Committee directing the committee to make recommendations for 42 steps the County may take to address the need for more workforce housing options. The committee 43 presented their recommendations to the BOCC at their regular meeting on August 17, 2016. The 44 BOCC held a special meeting on December 6, 2016, to discuss the recommendations, and provided I According to HUD, "cost -burdened" households pay more than 30% of their income for rent or mortgage costs. BOCC SR 01.23.19 Page 3 of 23 File No. 2018-051 Packet Pg. 1875 R.2.a 1 2 3 4 5 6 '3 1 Iy 12 13 14 16 direction to staff to move forward on several measures to encourage and incentivize the provision of affordable and workforce housing within the County. The 2014 ALICE report indicates that renters in the Lower Keys areas are significantly housing burdened over 35%, as follows: by 68% in Key West, by 69% in Stock Island, by 72% in Big Coppitt, by 56% in the Lower Keys and by 42% in Big Pine Key. KEY PACTS AND ALICE STATISTICS FOR MONROE COUNTY (i-'mw thr .-1%10_1 Florida It"rf• Sht4y qJ4" lrnlrr4alI lardrlrip, I'all, 201.1, .•9ppmelix 11) Big Cop itt Key /Monroe County Pa ullfiUn [ iurr rlwfrll Palrrl) ° 1L1L ,11wrr: 1L 1Lf t rtrllriloy I IuNS qq Burden Oren 1 dorrxinfi B3trrdrn orarr ?'n Tbrefbold°� 'rend R't' 35%0nmr 35°r, Rcnirr 2016. 833 12% 35% 53% 9% 55% 72% 4 Big Key/Munroe Cnun Pafialrrriva d !r, «r;, , Prrrgrly °'v If.1C.`F. 'iGlrre, If.1C:'I: [ `rrr'!]�loa - f foura� Rulrlrrr once ' I1lrrrrrvr� Rrlydrn rrrer "• diirxrLold r'a 'rant R.rte 3501j C xncr 35',, River 3777 161.9 10% 351"/6 56% 4% 44% ' 42% Key l4'rtir Polhnin..w. r fauael.N..rr 1'.r r'; :, I LICE Nmre .-AI.1(-1. d-nrvnf.,lo)) g 8urdrrr Oren I-forrrrn I3rrrrlc'n rrrrr 7llrrshold " 'real Rfrle 35% Onurrr 1 i"r, Realer 24870 9322 T41 350/o 56" -3 441111 44"/,r 68% Lower Ke sMonroe Count l,rrr.ielrn,'eLr Puarrr7 n II_IC I Ibrrw- IIJ(T ! r r .'a; _ P !rruxiu� 8;wieu urrr IIlwmg Bimlevr rwx)- °n Ilvrrrh�ld 06 Terre kare 3i",. r l,v r;;, 35% 1�enler 5"/a 42° ar 56% 10394 14314 8% 23% 1 62% Stock Island/ Monroe County ir0/Nli71rnr1 I ION.Pe%chi li PPd'Pri r` IIJC1: IfNle: I1_IC.1: I NeArIRI!!)'- f lnrrsr+ry Burden over IlOu,r'isS l3nriru 07e+ "r I'Jrre.r/nr/d °rr norm Kale 35% Owner W , Rmirr 3736 1111 14% 62% 24% 8% 53% 69%, In 2017, the ALICE Report was updated with information based on 2015 American Community Survey. The new information affirms the trend of increased difficulty in being able to afford safe, well -constructed affordable housing. BOCC SR 01.23.19 File No. 2018-051 Page 4 of 23 Packet Pg. 1876 R.2.a I 2 ALICE IN MONROE COUNTY Population: 74,8091 Numb -or of Households: 29.241 Median Household Income: 553,637 (state average. $45,040) Florida Underemployment Rate for 2012: 16% Gini Coefficient (zero = equality; one = inequality): 0.53 (state average. 0.48) How many households are struggling? ALICE, an acronym for Asset Limited. Income Constrained, Employed, are households that earn more than the U.S. poverty level, but less than the basic. cost of living for the county, Combined, the number of poverty and ALICE households equals the total population struggling to afford basic needs. Poverty ALICE I Above ALICE 3.567 HH %664 HH 15.020 HH 12% 36°% 51% What are the economic conditions? The Economic Viability Dashboard evaluates community conditions for ALICE in three core areas. Each is an index with a scale of 1 (worst) to 100 (best). Housing Job Community Affordability Opportunities Support poor(14) good(67) poor(48) ALICE IN MONROE COUNTY Population: 77,482 1 Number of Households: 31,391 Median Household Income: $61,020 (state average: $49,42.6) Florida Underemployment Rate for 2015: 11.5% Households Below ALICE Threshold: 14,609 (46%) How many households are struggling? ALICE is an acronym for Asset Limited, Income Constrained, Employed — households that earn more than the Federal Poverty Levell, but less than the basic cost of living for the county (the ALICE Threshold, or AT)_ Combined, the number of poverty and ALICE households equialls the total population struggling to afford basic needs. The percentage of households bellow the ALICE Threshold changes overtime (Heft axis, blue bars) as does the total number of households (right axis, dotted yellow line). The Great Recession, from 2007 to 2010, caused hardship for many families. Conditions started to improve in 2010 and 2012 for some, but not for all_ BOCC SR 01.23.19 File No. 2018-051 Households by Income, 2007 to 2015 Page 5 of 23 Packet Pg. 1877 R.2.a 2 3 4 5 6 7 8 9 10 What does it cost to afford the basic necessities? The bare -minimum Household Survival Budget does not include any savings, leaving a household vulnerable to unexpected expenses. ALICE households typically earn above the Federall Poverty Level of $11,770 for a single adult and $24,250 for a family of four, but less than the Household Survival Budget. HouseholdSurvival Budget, Moaroe Monthly Costs Housing $1,200 $1,635 Child Care 3— 51,200 Food $165 $547 Transportation $322 $644 Health Care $165 $634 Musoellaneous $221 $522 Taxes $361 $564 Monthly Totall $2,434 55,746 ANNUAL TOTAL $29,2081 $68,952 POVERTY ANNUAL TOTAL $11.7701 $24,250 Sources: 201S Point-m-Trine Data. ATiercan ommumfy Survey. HUGE Demographics: American C.DmmufAy Survey_ the AUGE ThreshoO_ Budge[: U_;- Depadment of Housing and Lhtan Devekpah-m (HUD): U.S. Department ofAgneuhune (USDA): Bureau ofLaGDr Statesfrcs (BLS): Fntemai Rewenre Service (dRS); FlorfAa Department of Education, Of ice of Eanty Learning. I I I I 4 Big Cowil!t Key CIIP' BB0 45% Big Pine Key CDP 1 922 42`a CucVw Key CDP 951 45`.>t. lS13 mGrad3 2 613 47=•a Key Colony Beach 391 31% Key Largo CDP z 20r 4P- Key West 9�524 52°-a Key West CCD 11 972 52 •a Lower Keys CCD 4.9 66 44° a Marathon 3 003 _, _ . Middle Keys CCD 3.,B19 52% North Key Largo CDP 4D1 23=•a Stack Island CDP 1.162 am, Tawmier CDP 897 -r4`a Upper Keys CCD 8.139 45-•a Additionally, Monroe County suffered the loss of a significant number of housing units due to damage caused by Hurricane Irma on September 10, 2017. The BOCC has acknowledged that the pre-existing affordable housing issues facing the County are even greater and more immediate now due to storm -related losses. BOCC SR 01.23.19 File No. 2018-051 Page 6 of 23 Packet Pg. 1878 R.2.a I As noted, this amendment is being proposed as a small scale amendment. Section 163.3187, F.S., 2 establishes the process for adoption of a small-scale comprehensive plan amendment and provides 3 the limitations and requirements (see below). 4 5 (1) A small scale development amendment may be adopted under the following conditions: 6 (a) The proposed amendment involves a use of 10 acres or fewer and: 7 (b) The cumulative annual effect of the acreage for all small scale development 8 amendments adopted by the local government does not exceed a maximum of 120 acres 9 in a calendar year. 10 (c) The proposed amendment does not involve a text change to the goals, policies, and 11 objectives of the local government's comprehensive plan, but only proposes a land use 12 change to the future land use map for a site -specific small scale development activity. 13 However, text changes that relate directly to, and are adopted simultaneously with, the 14 small scale future land use map amendment shall be permissible under this section. 15 (d) The property that is the subject of the proposed amendment is not located within an area 16 of critical state concern, unless the project subject to the proposed amendment 17 involves the construction of affordable housing units meeting the criteria of s. 18 420.0004(3), and is located within an area of critical state concern designated by s. 19 380.0552 or by the Administration Commission pursuant to s. 380.05(1). 20 21 (2) Small scale development amendments adopted pursuant to this section require only one 22 public hearing before the governing board, which shall be an adoption hearing as described in s. 23 163.3184(11). 24 25 26 (4) Comprehensive plans may only be amended in such a way as to preserve the internal 27 consistency of the plan pursuant to s. 163.3177. Corrections, updates, or modifications of 28 current costs which were set out as part of the comprehensive plan shall not, for the purposes of 29 this act, be deemed to be amendments. 30 31 While staff agrees with the position that inadequate availability of affordable housing is currently a 32 primary issue facing unincorporated Monroe County, staff is also reviewing the proposed 33 amendment for consistency with State Statutes (including 163.3187, F.S., above), Rules, internal 34 consistency with the Comprehensive Plan and balancing all the requirements and policy issues. 35 36 Community Meeting and Public Participation 37 In accordance with LDC Sections 102-158(a) and 102-159(b), a community meeting was held on 38 May 31, 2018 at 5:30 PM to discuss the proposed Future Land Use Map (FLUM) amendment, and 39 corresponding Comprehensive Plan text amendment and Land Use District (Zoning) Map 40 amendment, and provide for public participation. 41 42 Development Review Committee and Public Input 43 At a regular meeting held on May 29, 2018, the Development Review Committee (DRC) considered 44 the proposed Future Land Use Map (FLUM) amendment, and corresponding Comprehensive Plan 45 text amendment and Land Use District (Zoning) Map amendment, and provided for public comment. 46 The DRC recommended approval through Resolution 25-18. 47 48 49 BOCC SR 01.23.19 Page 7 of 23 File No. 2018-051 Packet Pg. 1879 R.2.a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Planning Commission Review and Recommendation At a regular meeting on July 25, 2018 the Planning Commission held a public hearing and considered the proposed FLUM amendment and corresponding subarea policy and LUD map amendments and provided for public comment. The Planning Commission considered the application, the staff report, and the comments from the public in their discussion, and recommended approval with changes, as discussed at the public hearing, of the proposed FLUM amendment through Resolution P26-18. The changes requested related to the text amendment to the Comprehensive Plan that would create a sub area policy for the property. The changes requested that the sixteen (16) new units would consist of five (5) moderate income, five (5) median income and six (6) low income affordable allocations. III. AMENDMENT REVIEW Maximum Allocated Densitv and Intensitv by Future Land Use Man Designation Maximum development Existing FLUM Type Adopted Standards potential based upon density/intensity Residential 6 du (UR) Allocated Density Idu/lot (URM, 6 units URM-L) 12 du (UR) TDR/Market Rate Residential N/A (IS-D, URM, 10 units Residential High (RH) Max Net Density URM-L) Total Upland Area: 1.1 acres* 25 du (UR) (49,197 sf) Affordable Residential Max N/A (IS-D, URM, 22 units Net Density URM-L) 0.88 buildable acres (1.1 ac — 0.20 open space ratio) 0-10 rooms/spaces Transient 11 rooms/spaces Allocated Density Nonresidential 0 0 sf Maximum Intensity Residential 0-0. 10 du (OS) 0 units Allocated Density 0.25 du (NA) Residential Conservation (RC) TDR/Market Rate Residential Max Net Density N/A 0 units Total Upland Area: 0.6 acres* (24,746 sf) Affordable Residential Max N/A 0 units Net Density 0.48 buildable acres (0.6 ac — 0.20 open space ratio) Transient 0 rooms/spaces 0 rooms/spaces Allocated Density Nonresidential 0-0.20 FAR 4,949 sf Maximum Intensity Mixed Use/Commercial (MC) 1 du (DR, MU, MI) Residential 3 du (SC) 3 units Total Upland Area:.61 acres* Allocated Density 6 du (UC) (26,428 sf) Commercial BOCC SR 01.23.19 File No. 2018-051 Page 8 of 23 r c m E c m E Q J U- 0 0 0 U a� c 0 x m E 0 x m 0 0 0 a m �I c� r I J U- I 0 00 0 N c 0 E t 0 Q Packet Pg. 1880 R.2.a Apartments 0.49 buildable acres (RV) (0.61 ac — 0.20 open space ratio) 2 du (MI) 6-18du (SC) TDR/Market Rate Residential 12 du (UC) 8 units Max Net Density 12-18 du (MU) 18 du (DR) 2 du (MI) 6-18du (SC) Affordable Residential Max 12 du (UC) 8 units Net Density 12-18 du (MU) 18 du (DR) Transient Allocated Density 10-25 rooms/spaces 12 rooms/spaces 0.10 — 0.45 (SC, UC, DR, MU) Nonresidential 15,586 sf Maximum Intensity <2,500 SF (RV) 0.30-0.60 (MI) FAR Maximum development Proposed FLUM Type Adopted Standards potential based upon density/intensity 1 du (DR, MU, MI) 3 du (SC) Residential 6 du (UC) Allocated Density Commercial 13 units market rate** Apartments (RV) (h) 2 du (MI) 6-18du (SC) W Mixed Use/Commercial (MC) TDR/Market Rate Residential Max Net Density 12 du (UC) 12-18 du (MU) W 33 units market rate** 18 du (DR) Total Upland Area: 2.3 acres* (100,359 sf) 2 du (MI) 6-18du (SC) (k) 1.84 buildable acres 2.3 ac — 0.20 open ace ratio ( p p ) Affordable Residential Max 12 du (UC) 33 units affordable Net Density 12-18 du (MU) (k) 18 du (DR) Transient 5-15 rooms or 34 rooms/spaces" Allocated Density spaces 0.10 — 0.45 (SC, Nonresidential UC, DR, MU) 60,215 sf Maximum Intensity <2,500 SF (RV) BOCC SR 01.23.19 Page 9 of 23 File No. 2018-051 r c m E c m E Q J u_ 0 0 0 U a� c 0 2 m E 0 x m 0 0 0 a m �I c0 I J U- I LO 0 00 0 N r c m t r Q Packet Pg. 1881 R.2.a 0.30-0.60 (MI) Proposed FLUM with Proposed Subarea Policy Type Per Proposed Subarea Policy Maximum Development potential based upon Subarea Policy Density Residential Allocated Density 0 du/acre 0 units market rate TDR/Market Rate Residential Max Net Density 0 du/acre 0 units market rate Mixed Use/Commercial (MC) Total Upland Area: 2.3 acres* (100,359 sf) Affordable Residential Max Net Density 18 du/buildable acre 33 units affordable Transient Allocated Density 0 rooms or spaces /acre 0 rooms/spaces 1.84 buildable acres (2.3 ac — 0.20 open space ratio) Nonresidential Maximum Intensity 0 FAR 0 sf Residential Market Rate Allocated: +4 units TDR/Market Rate Residential Max Net: +15 units Net Change in Development Potential Based on FLUM Affordable Residential Max Net: +3 units affordable Transient Allocated: +11 rooms/spaces Nonresidential: +39,680 sf Residential Market Rate Allocated: -9 units TDR/Market Rate Residential Max Net: -18 units Net Change in Development Potential Based on FLUM with Affordable Residential Max Net: +3 units affordable Proposed Subarea Policy Transient Allocated: -23 rooms/spaces Nonresidential:-20,535 sf *Per the submitted survey by Frederick H. Hildebrandt, dated 12/5/2017, the site has 2.30 acres (100,359 sf) of upland. **The proposed subarea policy to accompany this proposed FLUM amendment would eliminate all permanent and transient allocated density and all nonresidential intensity on the site. Per the proposed subarea policy, the only density on the site would be a maximum net density of 18 dwelling units per buildable acre for affordable housing units, which would bring the maximum development potential for the site to 33 deed restricted affordable dwelling units. 2 The above table provides an approximation of the development potential for residential, transient 3 and commercial development. Section 130-156(b) of the Land Development Code states: "The 4 density and intensity provisions set out in this section are intended to be applied cumulatively so that 5 no development shall exceed the total density limits of this article. For example, if a development BOCC SR 01.23.19 Page 10 of 23 File No. 2018-051 c m E c m E Q J u_ 0 0 0 U a� c =a 0 x m E 0 2 m 0 0 0 a m �I ca r I J U- I LO 0 00 T- 0D N r C m E t r Q Packet Pg. 1882 R.2.a includes both residential and commercial development, the total gross amount of development shall not exceed the cumulated permitted intensity of the parcel proposed for development." As shown in the blue portion of the table, the proposed FLUM amendment without the proposed Subarea Policy would result in an increase of 4 units in permanent allocated residential development potential; an increase of 15 units in max net density residential potential for market rate units with the use of TDRs; an increase of 3 units in affordable residential development potential; an increase of 11 rooms or spaces for transient units; and a increase in nonresidential development potential of 39,680 square feet. As shown in the orange portion of the table, the proposed FLUM amendment with the proposed Subarea Policy would result in a decrease of 9 units in permanent allocated residential development potential; a decrease of 18 units in max net density residential potential for market rate units with the use of TDRs; an increase of 3 units in affordable residential development potential; a decrease of 23 rooms or spaces for transient units; and a decrease in nonresidential development potential of 20,535 square feet. Any proposed new residential use would be subject to the requirements of Chapter 138 of the Land Development Code related to the Residential Rate of Growth Ordinance (ROGO/NROGO) permit process. Any proposed affordable dwelling units would need to obtain a ROGO allocation (affordable ROGO allocations may be available) prior to issuance of a building permit. 23 Compliance with Comprehensive Plan Policy 101.5.26 24 Policy 101.5.26 (discouragement policy) of the Comprehensive Plan was adopted by the BOCC on 25 September 21, 2012, with an effective date of November 20, 2012, and would apply to this 26 application for a FLUM amendment if it were not accompanied by the proposed subarea policy. 27 Private applications which propose increases in allocated density must comply with the Policy 28 requirements. As stated earlier, the applicant's proposed Subarea Policy would eliminate any increase in residential allocated density and development potential and therefore eliminate the need to mitigate under Policy 101.5.26. Compatibility with the Surrounding Area a. Existing Vegetation/Habitat: Developed land; Mangrove habitat; Buttonwood habitat b. Existing Tier Designation: III c. Number of Listed Endangered or Threatened Species: four d. Existing Use: 17 deed -restricted affordable mobile homes e. Community Character of Immediate Vicinity: Mixed Use. Adjacent land uses include vacant land to the west, open water to the north, commercial and residential uses to the east, and single-family and multi -family residential uses to the south across US1. The proposed FLUM is not anticipated to adversely impact the community character of the surrounding area. Concurrency Analysis (Comprehensive Plan Policy 101.1.1) BOCC SR 01.23.19 Page 11 of 23 File No. 2018-051 Packet Pg. 1883 R.2.a Traffic Circulation (Comprehensive Plan Policy 301.1.1) The subject property is located on Old State Road 4A on Cudjoe Key at approximate mile marker 22. The property is only accessible by Old State Road 4A via US 1. Pursuant to the Comprehensive Plan, the level of service standard for US 1 is LOS of "C." According to the 2017 US 1 Arterial Travel Time and Delay Study, US 1 overall is operating at a LOS of "C" and Segment 6 on Cudjoe Key (MM 20.5 to MM 23) is operating at a LOS of "A." A trip generation analysis submitted by the Applicant states that a development of 16 additional residential units on the site would generate an additional 149 daily trips. According to the 2017 US 1 Arterial Travel Time and Delay Study, the maximum reserve volume for Segment 6 is 3,188 trips. The maximum reserve volume for US 1 as a whole is 18,547 trips. A Level II traffic study is required; as the trip generation analysis shows a total 308 gross daily trips for 33 dwelling units. The proposed FLUMand Level II traffic study will be reviewed to determine if there are any anticipated adverse impacts to the Traffic Circulation LOS. Potable Water (Comprehensive Plan Policy 701.1.1) Florida Keys Aqueduct Authority's water treatment facility in Florida City has a maximum water treatment design capacity of 29.8 million gallons per day (MGD) and is capable of treating up to 23.8 MGD. There are also two saltwater Reserve Osmosis (RO) plants, located on Stock Island and Marathon, which are able to produce potable water under emergency conditions. The RO desalination plants have design capacities of 2.0 and 1.0 MGD of water, respectively. The annual average daily demand in Monroe County is 17.76 MGD. The proposed FLUM amendment could result in a net increase in demand from this site of up to 36,512 gallons per day if developed to its maximum residential intensity. Currently there is sufficient capacity for such an increase. Potable Water Max Potential FLUM Residential Residential Persons/ Total Total LOS Net Change LOS Standard Development Household Persons Demand (Policy 701.1.1) (dwelling units) Current: 100 gal/cap/day 22 2.24 49.28 4,928 gal/day RH (224 gal/du/day) RC 100 gal/cap/day 0 2.24 0 0 gal/day (224 gal/du/day) +672 gal/dayMC 100 gal/cap/day 8 2.24 17.92 1,792 gal/day (224 gal/du/day) Proposed: MC with 100 gal/cap/day 33 2.24 73.92 7,392 gal/day Subarea (224 gal/du/day) Policy 29 30 The proposed FLUM is not anticipated to adversely impact the Potable Water LOS. 2 The property contains 17 existing deed restricted affordable mobile homes. BOCC SR 01.23.19 Page 12 of 23 File No. 2018-051 Packet Pg. 1884 R.2.a Solid Waste (Comprehensive Plan Policy 801.1.1) Monroe County has a contract with Waste Management authorizing the use of in -state facilities through September 30, 2024; thereby, providing the County with approximately six (6) more years of guaranteed capacity for solid waste. Currently, there is adequate capacity for solid waste generation. All commercial solid waste is handled by private contract. The proposed FLUMis not anticipated to adversely impact the Solid Waste LOS. Sanitary Sewer (Comprehensive Plan Policy 901.1.1 The County has adopted water quality treatment standards for wastewater facilities and within the Sanitary Wastewater Treatment Master Plan, Exhibit 3-8, has stated the LOS standard for residential and nonresidential flow is 145 gallons per day per equivalent dwelling unit (EDU). The proposed FLUM amendment with the proposed subarea policy would increase the maximum net residential density for affordable housing on the site by 33 dwelling units, which would increase the required flow by 4,785 gallons per day. Any proposed development on the site will either need to connect to the Cudjoe Regional Wastewater system, or provide on -site sewage treatment and disposal that meets the LOS standards in Policy 901.1.1. The proposed FLUM is not anticipated to adversely impact the Sanitary Sewer LOS. V. CONSISTENCY WITH THE MONROE COUNTY YEAR 2030 COMPREHENSIVE PLAN, THE LOWER KEYS LIVABLE COMMUNIKEYS PLAN, THE FLORIDA STATUTES, AND PRINCIPLES FOR GUIDING DEVELOPMENT A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe County Year 2030 Comprehensive Plan (Note: compliance with Policy 101.5.26 must be established prior to BOCC adoption of the proposed FLUM amendment). 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. 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 BOCC SR 01.23.19 Page 13 of 23 File No. 2018-051 Packet Pg. 1885 R.2.a I not be located within an area designated as Tier I as set forth under Goal 105 or within a Tier III- 2 A Special Protection Area as set forth in Policy 205.1.1. 3 4 Objective 101.5 5 Monroe County shall regulate future development and redevelopment to maintain and enhance 6 the character of the community and protect natural resources by providing for the compatible 7 distribution of land uses consistent with the designations shown on the Future Land Use Map. 8 Policy 101.5.6 The principal purpose of the Mixed Use/Commercial (MC) future land use category is to provide for the establishment of mixed use commercial land use (zoning) districts where various types of commercial retail and office may be permitted at intensities which are consistent with the community character and the natural environment. Employee housing and commercial apartments are also permitted. In addition, Mixed Use/Commercial land use districts are to establish and conserve areas of mixed uses, which may include maritime industry, light industrial uses, commercial fishing, transient and permanent residential, institutional, public, and commercial retail uses. This future land use category is also intended to allow for the establishment of mixed use development patterns, where appropriate. Various types of residential and nonresidential uses may be permitted; however, heavy industrial uses and similarly incompatible uses shall be prohibited. The County shall continue to take a proactive role in encouraging the preservation and enhancement of community character and recreational and commercial working waterfronts. 23 In order to protect environmentally sensitive lands, the following development controls shall 24 apply to all hammocks, pinelands, and disturbed wetlands within this land use category: 25 1. only low intensity commercial uses shall be allowed; 26 2. a maximum floor area ratio of 0.10 shall apply to nonresidential development; and 27 3. maximum net residential density shall be zero. 28 29 In order to preserve and promote recreational and commercial working waterfront uses, as 30 defined by [Section] 342.07, F.S., the following criteria shall apply to all lands designated with 31 the Maritime Industries (MI) land use (zoning) district within this land use category: 32 1. When a mixture of uses is proposed for parcels designated as MI land use (zoning) district, 33 working waterfront and water dependent uses, such as marina, fish house/market, boat repair, 34 boat building, boat storage, or other similar uses but excluding transient uses, shall be 35 preserved by maintaining a minimum of 35% of the upland area of the property for those 36 uses. 37 To incentivize additional preservation of recreational and commercial working waterfront 38 uses, the following shall be available: 39 i. For the preservation of 3650% of the upland area of property for working waterfront 40 and water dependent uses, up to 20,000 square feet of nonresidential floor area from the 41 NROGO bank shall be provided to the property; and BOCC SR 01.23.19 Page 14 of 23 File No. 2018-051 Packet Pg. 1886 R.2.a I ii. For the preservation of 50% or more of the upland area of property for working 2 waterfront and water dependent uses, the residential density on the property may be 3 developed pursuant to the maximum net density standard without the use of TDRs. 4 2. Parcels within the MI zoning district that have existing wet slips shall preserve at least 20% 5 of the wet slips for vessels involved with recreational and commercial working waterfront 6 uses, excluding live -aboard vessels solely used as a residence and not for navigation. 7 3. Parcels within the MI zoning district creating new wet slips shall preserve at least 10% of the 8 wet slips for vessels involved with recreational and commercial working waterfront uses, 9 excluding live -aboard vessels solely used as a residence and not for navigation. 10 4. The preservation of dockage for recreational and commercial working waterfront uses shall 11 be documented on the final development plan and shall be a written condition of any permit 12 approval. 13 5. For permanent residential development, parcels within the MI zoning district shall be limited 14 to commercial apartments or employee housing. Commercial apartment means an attached or 15 detached residential dwelling unit located on the same parcel of land as a nonresidential use 16 that is intended to serve as permanent housing for the owner or employees of that 17 nonresidential use. The term does not include a tourist housing use or vacation rental use. 18 6. The preservation of a public access walkway, and a public access boat launch if one already 19 exists, shall be required for all parcels with direct access to the water. Consideration shall be 20 given to security and the physical constraints of the parcel. The public access walkway shall 21 be documented on the final development plan to link a continuous walkway and shall be a 22 written condition of any permit approval. 23 7. Parcels within the MI zoning district shall be limited to commercial retail uses of less than 24 5,000 square feet of floor area. 25 26 Policy 101.5.25 27 Monroe County hereby adopts the following density and intensity standards for the future land 28 use categories, which are shown on the FLUM and described in Policies 101.5.1 - 101.5.20. 29 Future Land Use Densities and Intensities Residential Nonresidential Minimum Open Space Future Land Use Category Ratio (0 And Corresponding p g Allocated Density ca) Maximum Net Density (a) (b) Maximum Intensity Zoning (per upland acre) (per buildable acre) (floor area ratio) Mixed Use/Commercial 1 du (DR, MU, MI) 2 du (MI) (MC)(f)(g) 3 du (SC) 6-18du (SC) (k) (SC, UC, DR, RV, MU 6 du (UC) 12 du (UC) 0.10-0.45 0.20 and Commercial Apartments 12-18 du (MU) (k) (SC, UC, DR, MU) MI zoning) (RV) (,) 18 du (DR) <2,500 SF (RV) 5-15 rooms/spaces 10-25 rooms/spaces 0.30-0.60 (MI) Notes: (a) The allocated densities for submerged lands, salt ponds, freshwater ponds, and mangroves shall be 0 and the maximum net density bonuses shall not be available. (b) The Maximum Net Density is the maximum density allowable with the use of TDRs, or for qualifying affordable BOCC SR 01.23.19 Page 15 of 23 File No. 2018-051 Packet Pg. 1887 R.2.a housing development. TDRs can be utilized to attain the density between the allocated density standard up to the maximum net density standard. Deed restricted affordable dwelling units may be built up to the maximum net density without the use of TDRs. "N/A" means that maximum net density bonuses shall not be available. Buildable acres means the portion of a parcel of land that is developable and is not required open space. (c) Additional open space requirements may apply based on environmental protection criteria; in these cases, the most restrictive requirement shall apply. (d) Future land use categories of Agriculture/Aquaculture, Education, Institutional, Preservation, Public Buildings/Lands, and Public Facilities, which have no directly corresponding zoning, may be used with new or existing zoning districts as appropriate. (e) Within the Mainland Native future land use district, campground spaces and nonresidential buildings shall only be permitted for educational, research or sanitary purposes. (f) For properties consisting of hammocks, pinelands or disturbed wetlands within the Mixed Use/ Commercial and Mixed Use/ Commercial Fishing future land use categories, the maximum floor area ratio shall be 0.10 and the maximum net density bonuses shall not be available. (g) A mixture of uses shall be maintained for parcels designated as MI zoning district that are within the MC future land use category. Working waterfront and water dependent uses, such as marina, fish house/market, boat repair, boat building, boat storage, or other similar uses, shall comprise a minimum of 35% of the upland area of the property, adjacent to the shoreline, pursuant to Policy 101.5.6. (h) In the RV zoning district, commercial apartments shall be allowed, not to exceed 10% of total spaces allowed or in existence on the site, whichever is less. (i) The allocated density for the CFSD-20 zoning district (Little Torch Key) shall be 1 dwelling unit per acre, or 1 dwelling unit per parcel for those parcels existing as of September 15, 1986, whichever is less, and the maximum net density bonuses shall not be available. Residential density shall be allowed in addition to the permitted nonresidential uses and intensity (i.e., density and intensity shall not be counted cumulatively). 0) Within IS subdivisions with primarily single family residential units, IS-D zoning may be used with a RM future land use designation for platted lots which have a duplex that was lawfully established prior to September 15, 1986. (k) The maximum net density shall be 25 du/buildable acre for the UR zoning district and shall be 18 du/buildable acre for the MU and SC zoning district for development where all units are deed restricted affordable dwelling units. For the UR zoning district market rate housing may be developed as part of an affordable or employee housing project with a maximum net density not exceeding 18 du/buildable acre. (1) Vessels, including live -aboard vessels, or associated wet slips are not considered dwelling units and do not count when calculating density. 2 Policy 101.5.26 3 In order to continue to implement the Florida Keys Carrying Capacity Study, Monroe County 4 shall promote the reduction in overall County residential density and the preservation of Monroe 5 County's native habitat by enacting legislation which implements the following policy 6 statements for private applications for future land use map amendments which increase allowable 7 residential allocated density. Private application(s) means those applications from private entities 8 with ownership of the upland development and parcel(s) of land or includes private upland 9 development on County -owned land. 10 11 Private applications requesting future land use map designation amendments received after the 12 effective date of this ordinance (Nov. 20, 2012), which propose increases in allocated residential 13 density shall be required, upon amendment approval, to comply with either option (1) or (2) 14 below:... 15 16 17 BOCC SR 01.23.19 Page 16 of 23 File No. 2018-051 Packet Pg. 1888 R.2.a 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). 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: 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. Policy 105.2.2 Monroe County shall maintain overlay map(s) designating geographic areas of the County as one of the Tiers in accordance with the guidance in Policy 105.2.1, which shall be incorporated as an overlay on the zoning map(s) with supporting text amendments in the Land Development Regulations. These maps are to be used to guide the Land Acquisition Program and the smart growth initiatives in conjunction with the Livable CommuniKeys Program (Policy 101.19.1). GOAL 203 The health and integrity of living marine resources and marine habitat, including mangroves, seagrasses, coral reefs, other hard bottom communities and fisheries, shall be protected and, where possible, restored and enhanced. [§163.3177(6)d.2.d., F.S.; §163.3177(6)d.2.e., F.S.; §163.3177(6)d.2.j., F.S.] Objective 203.1 BOCC SR 01.23.19 Page 17 of 23 File No. 2018-051 Packet Pg. 1889 R.2.a Monroe County shall protect its mangrove wetlands by continuing to implement regulations which will further reduce disturbances to mangroves and which will mitigate the direct and indirect impacts of development upon mangroves. [§163.3177(6)d.2.d., F.S.; §163.3177(6)d.2.e., F.S.; §163.3177(6)d.2.j., F.S.] Policy 203.1.1 The open space requirement for mangrove wetlands shall be one hundred (100) percent. No fill or structures shall be permitted in mangrove wetlands except for elevated, pile -supported walkways, docks, piers and utility pilings. [§163.3177(6)d.2.d., F.S.; §163.3177(6)d.2.e., F.S.; §163.3177(6)d.2.j., F.S.] Policy 203.1.2 Monroe County shall require minimum vegetated setbacks of fifty (50) feet to be maintained as an open space buffer for development occurring adjacent to all types of wetlands except for tidally inundated mangrove fringes and as provided for in Policy 204.2.3, 204.2.4 and 204.2.5. If a 50-foot setback results in less than 2,000 square feet of principal structure footprint of reasonable configuration, then the setback may be reduced to allow for 2,000 square feet of principal structure footprint of reasonable configuration, provided that the setback is not reduced to less than twenty-five (25) feet. On properties classified as scarified adjacent to wetlands, the wetland setback may be reduced to twenty-five (25) feet, without regard to buildable area, if the entire setback is managed in accordance with County regulations approved by the County Biologist and is placed under conservation easement. [§163.3177(6)d.2.d., F.S.; §163.3177(6)d.2.e., F.S.; §163.3177(6)d.2.j., F.S.] Goal 205: The health and integrity of Monroe County's native upland vegetation shall be protected and, where possible, enhanced. 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 601.1.4 All affordable housing projects which receive development benefits from Monroe County, including but not limited to ROGO allocation award(s) reserved for affordable housing, maximum net density, or donations of land, shall be required to maintain the project as affordable for a period of 99 years pursuant to deed restrictions or other mechanisms specified in the Land Development Code, and administered by Monroe County or the Monroe County Housing Authority. 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 Development Code. BOCC SR 01.23.19 Page 18 of 23 File No. 2018-051 Packet Pg. 1890 R.2.a 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. Objective 601.2 Monroe County shall adopt programs and policies to encourage housing of various types, sizes and price ranges to meet the demands of current and future residents [F.S. § 163.3177(6)(f)l., 3.]. B. The proposed 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; BOCC SR 01.23.19 Page 19 of 23 File No. 2018-051 Packet Pg. 1891 R.2.a 8. City electric service and the Florida Keys Electric Co-op; and 9. Other utilities, as appropriate. (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 consistent with the Principles for Guiding Development as a whole and is not inconsistent with any Principle. C. The proposed amendment is consistent with Part II of Chapter 163, Florida Statutes (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. BOCC SR 01.23.19 Page 20 of 23 File No. 2018-051 Packet Pg. 1892 R.2.a 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 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. 163.3187, F.S. — Process for adoption of small-scale comprehensive plan amendment. (1) A small scale development amendment may be adopted under the following conditions: (a) The proposed amendment involves a use of 10 acres or fewer and: (b) The cumulative annual effect of the acreage for all small scale development amendments adopted by the local government does not exceed a maximum of 120 acres in a calendar year. (c) The proposed amendment does not involve a text change to the goals, policies, and objectives of the local government's comprehensive plan, but only proposes a land use change to the future land use map for a site -specific small scale development activity. However, text changes that relate directly to, and are adopted simultaneously with, the small scale future land use map amendment shall be permissible under this section. (d) The property that is the subject of the proposed amendment is not located within an area of critical state concern, unless the project subject to the proposed amendment involves the construction of affordable housing units meeting the criteria of s. 420.0004(3), and is located within an area of critical state concern designated by s. 380.0552 or by the Administration Commission pursuant to s. 380.05(1). (2) Small scale development amendments adopted pursuant to this section require only one public hearing before the governing board, which shall be an adoption hearing as described ins. 163.3184(11). (3) If the small scale development amendment involves a site within a rural area of opportunity as defined under s. 288.0656(2)(d) for the duration of such designation, the 10-acre limit listed in subsection (1) shall be increased by 100 percent to 20 acres. The local government approving the small scale plan amendment shall certify to the state land planning agency that the plan amendment furthers the economic objectives set forth in the executive order issued under s. 288.0656(7), and the property subject to the plan amendment shall undergo public review to ensure that all concurrency requirements and federal, state, and local environmental permit requirements are met. BOCC SR 01.23.19 Page 21 of 23 File No. 2018-051 Packet Pg. 1893 R.2.a (4) Comprehensive plans may only be amended in such a way as to preserve the internal consistency of the plan pursuant to s. 163.3177. Corrections, updates, or modifications of current costs which were set out as part of the comprehensive plan shall not, for the purposes of this act, be deemed to be amendments. (5)(a) Any affected person may file a petition with the Division of Administrative Hearings pursuant to ss. 120.569 and 120.57 to request a hearing to challenge the compliance of a small scale development amendment with this act within 30 days following the local government's adoption of the amendment and shall serve a copy of the petition on the local government. An administrative law judge shall hold a hearing in the affected jurisdiction not less than 30 days nor more than 60 days following the filing of a petition and the assignment of an administrative law judge. The parties to a hearing held pursuant to this subsection shall be the petitioner, the local government, and any intervenor. In the proceeding, the plan amendment shall be determined to be in compliance if the local government's determination that the small scale development amendment is in compliance is fairly debatable. The state land planning agency may not intervene in any proceeding initiated pursuant to this section. (b) 1. If the administrative law judge recommends that the small scale development amendment be found not in compliance, the administrative law judge shall submit the recommended order to the Administration Commission for final agency action. If the administrative law judge recommends that the small scale development amendment be found in compliance, the administrative law judge shall submit the recommended order to the state land planning agency. 2. If the state land planning agency determines that the plan amendment is not in compliance, the agency shall submit, within 30 days following its receipt, the recommended order to the Administration Commission for final agency action. If the state land planning agency determines that the plan amendment is in compliance, the agency shall enter a final order within 30 days following its receipt of the recommended order. (c) Small scale development amendments may not become effective until 31 days after adoption. If challenged within 30 days after adoption, small scale development amendments may not become effective until the state land planning agency or the Administration Commission, respectively, issues a final order determining that the adopted small scale development amendment is in compliance. (d) In all challenges under this subsection, when a determination of compliance as defined in s. 163.3184(1)(b) is made, consideration shall be given to the plan amendment as a whole and whether the plan amendment furthers the intent of this part. 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. BOCC SR 01.23.19 Page 22 of 23 File No. 2018-051 Packet Pg. 1894 R.2.a VI. 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). For a small-scale comprehensive plan amendment, pursuant to Section 163.3187, F.S., the BOCC holds one public hearing to consider the adoption of the proposed comprehensive plan amendment, and considers the staff report, staff recommendation, and the testimony given at the public hearing. VIL STAFF RECOMMENDATION Staff recommends approval of the proposed FLUM amendment from RH and NA to MC, contingent on adoption and effectiveness of the proposed corresponding subarea policy restricting development on the site to affordable housing dwelling units at a maximum of 33 units. 24 25 26 VIII. EXHIBITS 27 28 1. Proposed corresponding Comprehensive Plan Subarea Policy. 29 2. 11" X 17" Map Series FLUM Amendment 30 3. Ordinance 31 BOCC SR 01.23.19 Page 23 of 23 File No. 2018-051 Packet Pg. 1895 R.2.b Proposed Subarea Policy with staff recommended changes as noted in File 2018-050 .................................................................................. Policy 107.1.7 Coco Palms Affordable Housing Subarea The purpose of Coco Palms Affordable Housing Subarea is to implement aplicable goals, objectives, and policies of the Comprehensive Plan to promote and facilitate development of affordable housing to meet the needs of Monroe County. 1) Boundary. The Coco Palms Affordable Housing Subarea shall include the upland portion of the property having Real Estate Number 00174960-000000, which consists of approximately 2.30 acres of upland, and is legally described as follows (Oland portion LEGAL DESCRIPTION (Upland):. A portion of Lot 30 Socarma a subdivision of Government Lots 3 and 4 in Section 29, Township 66 South, Range 2.8 East, Cudjoe Key, Monroe County„ Florida, recorded in Plot Book 2, Page 48 of the Public Records of Monroe County, Florida, and being more particularly described as follows: BEGIN at the Southwest corner of said Lot 30; thence N 00'28`49" W along the Westerly Line of said Lot 30 for a distance of 431.51 feet; thence N 49'54'16" E a distance of 6.89 feet; thence N 62'43'59" E a distance of 17.84 feet; thence N 74'45'27" E for a distance of 25,07 feet; thence N 52'36'11" E for a distance of 6.04 feet; thence N 18"29'29" E for a distance of 10,62 feet; thence N 13'02'59" E for a distance of 26.110 feet; thence N 51'09'27" E for a distance of 8,57 feet'; thence N76"25'20" E for a distance of 49,23 feet; thence N 83`33'07" E for a distance of 20,97 feet; thence N 71'51'34" E for a distance of 29.93 feet; thence S 75'26'35:" E for a distance of 8.32 feet; thence S 36'22"15" E for a distance of 16.80 feet; thence S 12'41'11" E for a distance of 31,84 feet; thence S 13'57"59" E for a distance of 38.49 feet; thence S 26'21 `12" E for a distance of 5.72 feet to the Easterly Line of said Lot 30„ thence S 00'28'49" E along the said said Easterly Line of said Lot 30 for a distance of 464.64 feet to the Southeast corner of said Lot 30; thence N 79"07'38" W along the South Line of said Lot 30 (allso being the Northerly Right —of —Way Leine of Old State Road 4A) for a distance of 91.48 feet to a point of curvature of a curve concave to the. South; thence in a Westerly direction along the curve, having a radius of 2025.86 feet; a Central, angile of 03'09'58", a chord bearing of N 80'42'37" W and a chord length of 111.93 feet, for an arc distance of 111.95 feet to the Point of Beginning,. Containing 100,371 sq. ft. or 2.3 Acres,more or less. Packet Pg. 1896 R.2.b 2) Land Use Designations. The Coco Palms Affordable Housing Subarea shall be subject to all regulations applicable to the Mixed Use / Commercial (MC) Future Land Use Map designation and the Suburban Commercial (SC) Land Use District (Zoning) category, as well as the additional restrictions set forth in this Policy. Where conflicts may arise, the specific restriction in this Sub Area Policy shall supersede the general criteria applicable to the underlying Future Land Use designation and Land Use District (Zoning) Category. In no case shall the subarea policy allow development potential greater than the underlying FLUM category or Land Use (Zoning) District. 3) Density Provisions a) For consistency with Policy 101.5.26, in order to implement the Florida Keys Carrying Capacity Study and maintain the overall County allocated density and the Dreservation of native habitat. the allocated density for the Coco Palms Affordable Housing Subarea shall be zero (0). b) There shall be no maximum net density standard available for market rate d units or transient units. The maximum floor area ratio (F.A.R.) for all nonresidential uses within the subarea shall be zero. d) In accordance with Policy 101.5.25, the following density and intensity standards shall be applicable to the Coco Palms Affordable Housing Subarea. Estimated Maximum Development Potential Land Use Allocated Maximum Net Density Gross Upland Area of Open Space Ratio Buildable Area Development Density Potential Site Market Rate 0 du/acre N/A N/A N/A N/A 0 du/acre Dwelling Units Affordable Dwelling Units 0 du/acre 18 du/ 2.30 acres* 0.20 1.84 33 du* buildable acre Transient Units 0 du/acre 0 du/acre N/A N/A N/A 0 du/acre Nonresidential 0.0 FAR N/A N/A N/A N/A 0 sf Uses Packet Pg. 1897 R.2.b *100,359 sf (2.3 acres) per survey by Frederick H. Hildebrandt, Island Surveying Inc., riated 12/5/17 4) Only the land uses listed below shall be permitted within the Coco Palms Affordable Housing Subarea a) Permitted as of right. i. Deed restricted attached or detached affordable dwelling units involving less than six units, designated as employee housing as provided for in LDC Section 139-1, ii. Accessory Uses, and iii. Replacement of deed restricted affordable dwelling units (mobile homes) which are as of the effective date of this Policy subject to Chapter 723, Florida Statutes, in the event of substantial damage or destruction, for so long as such deed restricted affordable dwelling units (mobile homes) are subject to Ch. 723, Florida Statutes. b) Permitted as a minor conditional use subject to the standards and procedures set forth in the Monroe County Land Development Code Chapter 110, Article III. i. Attached or detached deed restricted affordable dwelling units involving six (6) or more units, designated as employee housing as provided for in Section 139-1 of the Land Development Code. c) Permitted use limitations. i. All residential units constructed within the subarea shall be deed restricted affordable in accordance with Policy 601.1.4, ii. No market rate housing shall be allocated, assigned, transferred to the Coco Palms Affordable Housing Subarea, or otherwise developed within the Coco Palms Affordable Housing Subarea, iii. Properties within the Coco Palms Affordable Housing Subarea shall not be eligible sender sites for affordable housing ROGO exemptions or TREs, iv. No other residential or nonresidential uses shall be permitted within the subarea, and V. All new residential units developed within the subarea shall be subject to the ROGO permit allocation system and the resulting sixteen (16) new units shall consist of five (5) moderate income, five (5) median income and six (6) low income affordable allocations. 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L 0o. ra o - yr � a W av om K � — Q J J � a a dv n a ---- iuewpuewv ash pue� aanjn_� Ajunoo eoauoW 2 3 4 5 6 MOIL ROE COUNTY, FLORIDA 7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 8 ORDINANCE NO. -2019 9 10 AN ORDINANCE BY THE MONROE COUNTY BOARD OF 1.1 COUNTY COMMISSIONERS AMENDING THE MONROE 12 COUNTY FUTURE, LAND USE MAP AS A SMALL-SCALE 13 COMPREHENSIVE PLAN AMENDMENT PURSUANT TO 14 SECTION 163.3187, FLORIDA STATUTES, FROM RESIDENTIAL 15 HIGH (RH) AND RESIDENTIAL CONSERVATION (RC) TO 16 MIXED USE / COMMERCIAL (MC), FOR PROPERTY LOCATED 17 AT 21.585 OLD STATE ROAD 4A, CUDJOE KEY, 18 APPROXIMATELY MILE MARKER 22, HAVING REAL ESTATE 19 # 00174960-000'000, AS PROPOSED BY SMITH HAWKS, PLC ON 20 BEHALF OF MOBILE HOMES HOLDINGS COCO, LLC; 21 CONTINGENT ON ADOPTION AND EFFECTIVENESS OF 22 PROPOSED SUBAREA POLICY 1.07.1.7 OF THE 2,3 COMPREHENSIVE PLAN TO PROVIDE LIMITATION ON 24 DEVELOPMENT AND SPECIFIC RESTRICTIONS ON THE 25 SUBJECT PROPERTY; PROVIDING FOR SEVERABILITY; 26 PROVIDING FOR INCLUSION IN THE NROE COUNTY 27 COMPREHENSIVE PLAN AND FOR AMENDMENT TO THE 28 FUTURE LAND USE MAP; PROVIDING FOR AN EFFEcrivE 29 DATE. 30 31 32 WHEREAS, an application was filed by Smith Hawks, PI, on behalf of Mobile Home 3) 4 1--loldings Coco, LLC (the "Applicant") to arnend the Monroe County Future Land Use Map 35 (FLUM) from Residential High (RH-, 1.1 acres) and Residential Conservation (RC; 0.6 acres) to 36 Mixed Use / Commercial (MC; 1.7 acres) for a portion of property located at 21585 Old State 37 Road 4A on Cudjoe Key; and 38 39 WHEREAS, the applicant has also applied for a corresponding amendment to the Monroe 40 County Year 2030 Comprehensive Plan to create a subarea policy for the subject property limiting 41 development on the site to affordable housing and accessory uses, and for a corresponding 42 amendment to the Land Use District (Zoning) map amendment for the subject property from 43 corresponding Land Use District (Zoning) map amendment for the subject property frorn Urban 44 Residential Mobile Home (URM; 1.1 acres) and Native Area (NA; 0.6 acres) to Suburban 45 Commercial (SC; 1.7 acres); and 46 Ordinance -2019, File # 2018-051 Page 1 of 3 1 Packet Pg. 1900 I WHEREAS, the Monroe County Development Review Committee (DRQ considered the 2 proposed amendment at a regularly scheduled meeting held on May 29, 2018, and provided for 3 public comment; and 4 5 WHEREAS, on May 3 ) 1, 2018, the applicant held a community meeting, as required by LDC 6 Sections 102-158(a) and 102-159(b), to discuss the proposed Future Land Use Map (FLUM) 7 amendment, and corresponding proposed Comprehensive Plan text amendment and Land Use 8 District (Zoning) Map amendment, and provide for public participation; and 9 10 WHEREAS, following the DRC meeting and the community meeting, the Applicant 11 submitted revised proposed text amendment language for the corresponding subarea policy based 12 on staff and public comment; and 13 14 WHEREAS, at a regularly scheduled meeting held on July 25, 2018, the Monroe County 15 Planning Commission held a public hearing for the purpose of considering the proposed 16 amendment to the Future Land Use Map of the Monroe County Year 2030 Comprehensive Plan, 17 as, well as the corresponding Comprehensive Plan text amendment creating a subarea policy, and 18 the proposed Zoning map amendment for the site, and provided for public comment; and 19 20 WHEREAS, the Monroe County Planning Commission adopted Resolution No. 26-18 21 recommending to the BOCC approval with changes, as discussed during the Planning Commission 22 hearing, of the proposed amendment; and 23 24 WHEREAS, the proposed FLUM amendment qualifies as, a small-scale comprehensive 25 plan amendment pursuant to, Section 163.3187, Florida Statutes, for which the BOCC holds one 26 public hearing to consider the adoption of the proposed comprehensive plan amendment, and 27 considers the staff report, staff recommendation, and the testimony given at the public hearing; 28 and W, no WHEREAS, at a regular meeting held on the 20"' day of February, 2019, the Monroe 31 County Board of County Commissioners held a public hearing to consider adoption of the 32 proposed FLUM amendment, considered the staff report and provided for public comment and 33 public participation in accordance with the requirements of state law and the procedures adopted 34 for public participation in the planning process; 35 36 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 37 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 38 39 Section 1. The Future Land Use Map of the Monroe County 2030 Comprehensive Plan is 40 amended as follows, contingent on effectiveness of the corresponding subarea 41 policy: 42 Ordinance -2019 File 4: 2018-051 Page 2 of 3 1 Packet Pg. 1901 I The property located 21585 Old State Road 4A, Cudjoe Key, approximately Mile 2 Marker 22, legally described as a portion of Lot 30, Sacarm.a a subdivision of 3 Government Lots 3 and 4 in Section 29, Township 66 South, Range 28 East, Cudjoe 4 Key, Monroe County, Florida, recorded in Plat Book 2, Page 48 of the Public 5 Records of Monroe County, Florida, having real estate # 00174960-000000 is 6 changed from Residential High (RH) and Residential Conservation (RC) to Mixed 7 Use / Commercial (MC) as shown on Exhibit 1, attached hereto and incorporated 8 herein. 9 10 Section 2. Severabifi!y. If any section, subsection, sentence, clause, item, change, or I I provision of this ordinance is held invalid, the remainder of this ordinance shall not 12 be affected by such validity, 13 14 Section 3., Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in 15 conflict with this ordinance are hereby repealed to the extent of said conflict. 16 17 Section 4. Filing and Effective Date. This ordinance shall be filed in the Office of the 18 Secretary of the State of Florida and shall become effective as provided by law. 19 20 Section 5. Inclusion in the Comprehensive Plan. The foregoing amendment shall be 21 incorporated in the Monroe County Comprehensive Plan and included on the Future 22 Land Use Map. 23 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the day of 1- Mayor Sylvia Murphy, District 5 Mayor Pro Tem Danny L. Kolhage, District 1. Commissioner Michelle Coldiron, District 2 Commissioner Heather Carruthers, District') Commissioner David Rice, District 4 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA M-1 (SEAL) ATTEST: KEVIN MADOK, CLERK DEPUTY CLERK Ordinance -2019 File A 2018-051 Mayor Sylvia Murphy Page 3 of 3 1 Packet Pg. 1902 Exhibit I to Ordinance# -2019 The Monroe Counity Future Land Use Map is amended i as indicated" above. Future Land Use change of one parcel of land in Cudjoe, Key having Real Estate Number 00174960-000000 from Mixed Usel Commercial (MC), Residential High (RH), and Residential Conservation (RC) to N Mixed UselCommercial (MC) and Residential Conservation (RC). A I Packet Pg. 1903 1