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Item R03
R.3 t, 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.3 Agenda Item Summary #4766 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 Land Use District (Zoning) Map from Native Area (NA) and Urban Residential -Mobile Home (URM) to Suburban Commercial (SC), for property located at 21585 Old State Road 4A, Cudjoe Key, having real estate number 00174960- 000000, as proposed by Smith Hawks, PL on behalf of Mobile Homes Holdings Coco, LLC. 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 Land Use District (Zoning) map from Native Area (NA; 0.6 acres) and Urban Residential -Mobile Home (URM; 1.1 acres) to Suburban Commercial (SC; 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 Future Land Use Map (FLUM) amendment for the portion of the property from Residential Conservation (RC; 0.6 acres) and Residential High (RH; 1.1 acres) to Mixed Use / Commercial (MC; 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 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 proposed FLUM and subarea policy text amendments are also scheduled for public hearing before the BOCC at the January 23, 2019 regular meeting. Packet Pg. 1904 R.3 Existing Land Use (Zoning) District Proposed Land Use (Zoning) District The proposed Zoning map amendment is necessary to be consistent with the proposed FLUM amendment. Note, Sections 163.3194 and 163.3201, F.S., require land development regulations to be consistent with and implement the Comprehensive Plan. 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 Land Use District (Zoning) Map amendment, and corresponding Comprehensive Plan text amendment and Future Land Use Map (FLUM) amendment, and provide for public participation. At a regular meeting held on May 29, 2018, the Development Review Committee (DRC) considered the proposed Land Use District (Zoning) Map amendment, and corresponding Comprehensive Plan text amendment and Future Land Use Map (FLUM) amendment, and provided for public comment. The DRC recommended approval of the proposed LUD amendment through DRC Resolution 26-18. At a regular meeting on July 25, 2018 the Planning Commission held a public hearing and considered the proposed LUD amendment and corresponding subarea policy and FLUM 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 LUD amendment (Resolution P27-18). 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: Packet Pg. 1905 R.3 Adopted Maximum development Existing Zoning Type Standards potential based upon density/intensity Residential 1 du/lot Urban Residential- 5 per acre (mobile 5 units Mobile Home (URM) Allocated Density home parks) TDR/Market Rate Total Upland Area: 1.1 Residential Max Net N/A 0 units acres* Density (49,197 sf) Affordable Residential 7 per acre (mobile 7 units Max Net Density home parks) Transient 0 rooms or spaces 0.88 buildable acres 0 rooms/spaces Allocated Density /acre (1.1 ac — 0.20 open space Nonresidential ratio) N/A 0 sf Maximum Intensity Residential Native Area NA ( ) 0.25 du/acre 0 units Allocated Density TDR/Market Rate Total Upland Area: 0.6 Residential Max Net N/A 0 units acres* Density (24,746 sf) Affordable Residential Max Net Density N/A 0 units 0.48 buildable acres Transient 0 rooms or spaces 0 rooms/spaces (0.6 ac — 0.20 open space Allocated Density /acre ratio) Nonresidential 0.20 FAR 4,949 sf Maximum Intensity Suburban Commercial Residential (SC) 3.0 du/acre 1 unit Allocated Density TDR/Market Rate 6.0 du / buildable Total Upland Area:.61 Residential Max Net acre 2 units acres* Density (26,428sf) 18.0 du /buildable Affordable Residential acre 8 units Max Net Density 0.49 buildable acres Packet Pg. 1906 R.3 0.61 ac — 0.20 open space -atio) Proposed Zoning Suburban Commercial (SC) Total Upland Area: 2.3 acres* (100,359 sf) 1.84 buildable acres (2.3 ac — 0.20 open space ratio) Proposed Zoning with Proposed Subarea Policy Suburban Commercial (SC) Total Upland Area: 2.3 acres* (100,359 sf) 1.84 buildable acres (2.3 ac — 0.20 open space ratio) Net Change in Transient 10 rooms or Allocated Density s aces / gross acre p g 6 rooms/spaces Nonresidential 0.15 -0.40 FAR 10,571sf Maximum Intensity Type Adopted Development potential Standards based upon density Residential 3 du/ gross acre** 6 units market rate** Allocated Density TDR/Market Rate 6 du/ buildable Residential Max Net acre 11 units market rate** Density Affordable Residential 18 du/buildable 33 units affordable Max Net Density acre Transient 10 rooms / gross 23 rooms/spaces Allocated Density acre Nonresidential 0.15 -0.40 FAR 40,143 sf Maximum Intensity Per Proposed Development potential Type Subarea Policy based upon Subarea Policy Density Residential 0 du/acre 0 units market rate Allocated Density TDR/Market Rate Residential Max Net 0 du/acre 0 units market rate Density Affordable Residential 18 du/buildable 33 units affordable Max Net Density acre Transient 0 rooms or spaces /acre 0 rooms/spaces Allocated Density Nonresidential 0 FAR 0 sf Maximum Intensity Residential Market Rate Allocated: 0 units Packet Pg. 1907 R.3 Development Potential TDR/Market Rate Residential Max Net: +9 units Based on Zoning Affordable Residential Max Net: +18 units affordable Transient Allocated: +17 rooms/spaces Nonresidential: +24,623 sf Residential Market Rate Allocated: -6 units Net Change in TDR/Market Rate Residential Max Net: -2 units Development Potential Affordable Residential Max Net: +18 units affordable Based on Zoning with Proposed Subarea Policy Transient Allocated: -6 rooms/spaces Nonresidential:-15,520 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. As shown in the orange portion of the table, the proposed Zoning amendment with the proposed Subarea Policy would result in a decrease of six (6) units in residential development potential for market rate units; a decrease of 2 units in max net density residential potential for market rate units with the use of TDRs; a decrease of 8 units in development potential for transient units; an increase of 18 units in affordable residential development potential; and a decrease in nonresidential development potential of 15,620 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. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Staff recommends that the Board of County Commissioners consider both the recommendation of the Planning Commission and staff. For the proposed Zoning Map amendment from Native Area (NA) and Urban Residential -Mobile Home (URM) to Suburban Packet Pg. 1908 R.3 Commercial (SC) for property located at 21585 Old State Road 4A on Cudjoe Key, staff is recommending approval in order to incentivize affordable employee housing on a Tier III property, contingent on adoption and effectiveness of the corresponding FLUM amendment from Residential Conservation (RC) and Residential High (RH) to Suburban Commercial (SC) and 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: 2018-052_LUD_Staff Report Ex. l_subarea_policy with_staff changes Ex.2_l 1X17_Map-Zoning 2018-052 LUD 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 h]MA1of11It"y 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 01/25/2019 11:22 AM Completed 01/28/2019 10:14 AM 01/28/2019 2:11 PM 01/28/2019 2:28 PM 01/28/2019 2:35 PM 01/28/2019 5:00 PM Packet Pg. 1909 R.3 Board of County Commissioners Pending 02/20/2019 9:00 AM Packet Pg. 1910 R.3.a 1 3 w gym., 4 MEMORANDUM 5 MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT 6 We strive to be caring, professional and fair 7 9 10 To: Monroe County Board of County Commissioners 11 12 Through: Emily Schemper, AICP, CFM, Senior Director of Planning & Environmental Resources 13 14 From: Cheryl Cioffari, AICP, Comprehensive Planning Manager 15 16 Date: January 8, 2019 17 18 Subject: An Ordinance by the Monroe County Board of County Commissioners amending the 19 Monroe County Land Use District (Zoning) Map from Native Area (NA) and Urban 20 Residential -Mobile Home (URM) to Suburban Commercial (SC), for property located at 21 21585 Old State Road 4A, Cudjoe Key, as proposed by Smith Hawks, PL on behalf of 22 Mobile Homes Holdings Coco, LLC; contingent on adoption and effectiveness of proposed 23 Subarea Policy 107.1.7 of the Comprehensive Plan to provide limitation on development 24 and specific restrictions on the subject property. (File 42018-052) 25 26 Meeting: February 20, 2019 27 28 29 I. REQUEST 30 31 On March 12, 2018, the Planning and Environmental Resources Department received an application 32 from Smith Hawks, PL on behalf of Mobile Home Holdings Coco, LLC (the "Applicant") to amend 33 the Monroe County Land Use District (Zoning) map from Native Area (NA; 0.6 acres) and Urban 34 Residential -Mobile Home (URM; 1.1 acres) to Suburban Commercial (SC; 1.7 acres) for a portion of 35 property located at 21585 Old State Road 4A on Cudjoe Key. The Applicant has also requested a 36 corresponding Future Land Use Map (FLUM) amendment for the portion of the property from 37 Residential Conservation (RC; 0.6 acres) and Residential High (RH; 1.1 acres) to Mixed Use / 38 Commercial (MC; 1.7 acres) and a Comprehensive Plan text amendment to create a subarea policy 39 that would provide additional development restrictions on the subject parcel, including a limitation 40 that the only permitted use on the property would be affordable housing affordable housing and 41 accessory uses. The proposed subarea policy and FLUM amendment would be processed as "small- 42 scale comprehensive plan amendments" pursuant to Section 163.3187, Florida Statutes, based on the 43 size of the site and the limitation of development to affordable housing. The subject of this staff report 44 is the proposed Zoning amendment. 45 BOCC SR 01.23.19 Page 1 of 19 File 2018-052 Packet Pg. 1911 R.3.a 1 2 3 4 5 6 7 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 Existing Land Use (Zoning) District Proposed Land Use (Zoning) District IL BACKGROUND INFORMATION Site Information: Location: MM 22, Cudjoe Key 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 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 pursuant to a Declaration of Affordable 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: 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 US 1. BOCC SR 01.23.19 File 2018-052 Page 2 of 19 r c m E c m E Q a� c .E 0 N 0 0 0 U a� c =a 0 x m E 0 x m 0 0 a m �I co I 0 J I N LO O 00 0 N r c 0 E r r Q Packet Pg. 1912 R.3.a The property currently has a Land Use District (Zoning) designation of Suburban Commercial (SC), Urban Residential Mobile Home (URM) and Native Area (NA) and a Future Land Use Map (FLUM) designation of Mixed Use / Commercial (MC), Residential High (RH) and Residential Conservation (RC). The property was partially within a BU-2 district (Medium Business) and RU- 5P (mobile Home Park Residential) prior to September 15, 1986. The mobile home park area of the site was entirely within the RU-5P district. With the adoption of the Comprehensive Plan's FLUM in 1997, the property was given the current FLUM designation of Mixed Use/Commercial (MC), Residential High (RH) and Residential Conservation (RC). The property was historically used as a mobile home and RV park (Rainbow's End Trailer Park) and restaurant (Coco's Cantina) dating back to the 1970s. The property is currently developed with 17 mobile homes and mostly scarified land. In the shoreline area of the property, there is mangrove habitat (based on GIS habitat data, shown below). A vegetation survey/existing conditions report was not submitted with the application to confirm the habitats. The Applicant is also requesting a text amendment to the Monroe County Comprehensive Plan to establish a site specific subarea policy to accompany the proposed FLUM amendment and a proposed FLUM amendment for the site from RC and RH to MC. The subject of this staff report is the proposed Zoning amendment. 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. The Applicant cites the following documents/data: 1. Florida Housing data compiled by the University of Florida; and 2. Monroe County Affordable Housing Report dated November 2007. 41 This data indicates that in 2009, 37% of Monroe County households pay more than 30% of their 42 income for housing and 18% of Monroe County households pay more than 30% of their income for 43 housings. ' 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 19 File 2018-052 Packet Pg. 1913 R.3.a we, The Applicant's full explanation and justification of the proposed amendments is included in the file for the application (File 42018-052). 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. The BOCC held a special meeting on December 6, 2016, to discuss the recommendations, and provided 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 FACTS AND ALICE STATISTICS FOR MONROE COUNTY (I From At. -11J(,E I'"Imidrr R d., Sfmd), of l`inf rriiull larrtsrip, full, 20 14,: 1plendr\ 11) Bijat Co it[ Key /Monroe County popMlallorl I1oifjebokh Panerly % -•ILJ(h 14a ltmrr AL1(J 7`LrrAV/d - t. i, mr-No) merrl kilr I f o/(:'tr g f3Jdrtafl! airr 35% Owner I hvefing 11urdeo wrr 35% Rrrrler 2016 833 12% 35% 539/6 91/4 55% 72% Big Pine K /Monroe Coun Poplrl.•ahrle I lou.relWih P'felrrl) `'n 11JCf '. Aboie .1LIC E I bre.l old p.G [ wlze Ala} mart lisle f iorrrig Bwr&n airr 35°. Oawer " 1louFiR9 Burdtm airr 35% Realer 3777 1619 ld"/a 35% 569/6 4% 44% I42"/6 Key West _.._.. Po '1 os f fonselx.rds Pareny 1LAJ7 o.rt , imir . UCE 7 h"sla01d Unempla)- mnit R.rre Ifonsrflg Barrdrlr 01er H011fiq Nfnkn orrr 35% [Ira nrr ''..... 3 3".•f, Rmlrr 24870 9322 9% Lower Ke aJMonroe County M!,4 .6% 4% 44"/" 68% 20 PolY.iw,irar I lauaelmlrlr P" irly `,, A1,101 wn A691,e ]I 1C:f 1 nerrpla1- I fnuxifrg I3r.rden parr IIouxiq 13rrrrlrR orrr I orsbold n9 m •:,1;� ��•',• ()„ -,r 3;1. R'ewer 1 62% Y 42 . , 56°.r'© 10394 4314 8% 23% Stock Island/ Monroe Coun 1)rml inn 110aa.feiM rdl' pnrerrj I -In - o -ifHi19".• 11-IC.I: O)mf/rald It, i. woolly- menl Fwe 1 imesla q, Burden n7'M• 11orr.iiq Brrrrle,r P7r'r 35'a, f)avner ( 35% Renlrr 21 3736 11111 14% 62% 24% 8% 53°/" 69% BOCC SR 01.23.19 Page 4 of 19 File 2018-052 Packet Pg. 1914 R.3.a 1 2 ALICE IN MONROE COUNTY Population: 74 809 J Number of Households: 29.241. Median Household Income: $53,637 (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 j Above ALICE 3,557 HH 10,664 HH 15,020 HH 12% 36°% 51 °% What are the economic conditions? The Economic Viability Dashboard evaluates community condit;ons 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) Monroe County, it Big Coppitt Key CDP BBO 4`_•'.� Big Pine Key CDP 1 922 4-=: Cudjoe Key CDP 951 45 �. Islamo-rada 2 613 IF-: Key Colony Beach 391 3' :' Key Largo CDP G 207 4==: Key West 9.524 L - . Key West CC D 11 9 22 Lower Keys CCD 4.076 447. Marathon 3 DD3 Middle Keys CCD 3.619 North Key Largo CDP 4D1 2,Y: Stock Island CDP 1.162 f . Tavernier CDP 697 F4: Upper Keys CCD 8 139 4=°.i. BOCC SR 01.23.19 File 2018-052 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. 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. While staff agrees with the position that inadequate availability of affordable housing is currently a primary issue facing unincorporated Monroe County, staff is also reviewing the proposed amendment for consistency with State Statutes, Rules, internal consistency with the Comprehensive Plan and balancing all these items and policy issues. Page 5of19 Packet Pg. 1915 R.3.a ALICE IN MONROE COUNTY Population: 77,482 Number of Households: 31,391 (Median Household Income: $61,020 (state average: $49,426) Florida Underemployment Rate for 20t5: 11.5% Households Below ALICE Threshold: 14,5d9 (46%) How many households are struggling? ALICE is an acronym for Asset Limited, Income Constrained, Employed — households that earn more than the Federal Poverty Level, but less than the basic cost of living for the county (the ALICE Threshold, or AT). Combined, the number of poverty and ALICE households equals the total population struggling to afford basic needs. The percentage of households below the ALICE Threshold changes over time (left axis, blue bars) as does the total number of households (right axis, dotted yellow line)_ The Great Recession, from 2007 to 2010, caused hardshiip for many families- Conditions started to improve in 2010 and 2012 for 1 sorne, but not for all. BOCC SR 01.23.19 File 2018-052 Households by Income. 2007 to 2015 Page 6of19 Packet Pg. 1916 R.3.a What does it cost to afford the basic necessities? The bare -minimum Household Suirvival Budget does not include any savings, leaving a household vulnerable to unexpected expenses. ALICE households typically earn above the Federal Poverty Levels of $11,770 for a single adult and $24,250 for a family of four, but less than the Household Survival Budget. Household Monthly Costs I Monroe SINGLE ADULT County ADULTS, PRESCHOOLER Housing $1,200 $1,635 Child Care 6— 51,200 Food $165 $547 Transportation $322 $644 Health Care $165 $634 Miiscellaneous $221 $522 Taxes $361 $564 Monthly Totall $2,434 55,746 ANNUAL TOTAL $29,208 $68,952 POVERTY ANNUAL TOTAL $11, 770 $24,250 Sources; 2015 Powt-m-Tare data: Amencan Commumiy Survey. ALICE Lkvnographics. Amencan Comrnunity Survey, the ALICE Threshokf_ Budget: O_S_ Depadmerd of HousnQ and Urban Development (HUD). U.S. Department ofAgmuhum (USDA): Bureau of Laity Statestfcs (BLS); Intemai Pevence Service (?RS): Fonda Department of Education. Office of Earty Learnfng. 1 2 Community Meeting and Public Participation 3 In accordance with LDC Sections 102-158(a) and 102-159(b), a community meeting was held on May 4 31, 2018 at 5:30 PM to discuss the proposed Land Use District (Zoning) Map amendment, and 5 corresponding Comprehensive Plan text amendment and Future Land Use Map (FLUM) amendment, 6 and provide for public participation. 7 8 Development Review Committee and Public Input 9 At a regular meeting held on May 29, 2018, the Development Review Committee (DRC) considered 10 the proposed Land Use District (Zoning) Map amendment, and corresponding Comprehensive Plan 11 text amendment and Future Land Use Map (FLUM) amendment, and provided for public comment. 12 The DRC recommended approval of the proposed LUD amendment through DRC Resolution 26-18. 13 14 Planning Commission Review and Recommendation 15 At a regular meeting on July 25, 2018 the Planning Commission held a public hearing and considered 16 the proposed LUD amendment and corresponding subarea policy and FLUM map amendments and 17 provided for public comment. The Planning Commission considered the application, the staff 18 report, and the comments from the public in their discussion, and recommended approval with 19 changes, as discussed at the public hearing, of the proposed LUD amendment (Resolution P27- 20 18). The changes requested related to the text amendment to the Comprehensive Plan that would create 21 a sub area policy for the property. The changes requested that the sixteen (16) new units would consist 22 of five (5) moderate income, five (5) median income and six (6) low income affordable allocations. 23 24 25 26 27 28 BOCC SR 01.23.19 File 2018-052 Page 7of19 Packet Pg. 1917 R.3.a III. AMENDMENT REVIEW 2 3 Maximum Allocated Densityand Intensity by Land Use District Zoning Map Designation Maximum Adopted development Existing Zoning Type Standards potential based upon density/intensity Residential 1 du/lot Urban Residential -Mobile Allocated Density 5 per acre (mobile home parks) 5 units Home (URM) TDR/Market Rate N/A 0 units Total Upland Area: 1.1 Residential Max Net Density Affordable Residential Max 7 per acre (mobile 7 acres* (49,197 sf) Net Density home parks) units Transient 0 rooms or spaces 0 rooms/spaces 0.88 buildable acres (1.1 ac — 0.20 open space Allocated Density /acre ratio) Nonresidential Maximum Intensity N/A 0 sf Residential 0.25 du/acre 0 units Allocated Density Native Area (NA) TDR/Market Rate Total Upland Area: 0.6 acres* Residential Max Net Density N/A 0 units Affordable Residential Max N/A 0 units (24,746 sf) Net Density 0.48 buildable acres Transient 0 rooms or spaces (0.6 ac — 0.20 open space ratio) Allocated Density /acre 0 rooms/spaces Nonresidential 0.20 FAR 4,949 sf Maximum Intensity Residential 3.0 du/acre 1 unit Allocated Density Suburban Commercial (SC) TDR/Market Rate 6.0 du / buildable 2 Residential Max Net Density acre units Total Upland Area:.61 acres* 18.0 du / buildable (26,428sf) Affordable Residential Max 8 Net Density acre units 0.49 buildable acres (0.61 ac — 0.20 open space Transient 10 rooms or 6 rooms/spaces ratio) Allocated Density spaces / gross acre Nonresidential 0.15 -0.40 FAR 10,571sf Maximum Intensity BOCC SR 01.23.19 Page 8 of 19 File 2018-052 Packet Pg. 1918 R.3.a Adopted Development Proposed Zoning Type Standards potential based upon density Residential 3 du/ gross acre** 6 units market Allocated Density rate Suburban Commercial (SC) TDR/Market Rate 6 du/ buildable 11 units market Total Upland Area: 2.3 Residential Max Net Density acre** rate** acres* Affordable Residential Max 18 du/buildable 33 units affordable (100,359 sf) Net Density acre 1.84 buildable acres Transient 10 rooms / gross 23 rooms/spaces (2.3 ac — 0.20 open space ratio) Allocated Density acre Nonresidential 0.15 -0.40 FAR 40,143 sf Maximum Intensity Development Proposed Zoning with Type Per Proposed potential based Proposed Subarea Policy Subarea Policy upon Subarea Policy Density Suburban Commercial (SC) Residential Allocated Density 0 du/acre 0 units market rate TDR/Market Rate Residential Max Net Density 0 du/acre 0 units market rate Total Upland Area: 2.3 acres* (100,359 sf) Affordable Residential Max 18 du/buildable 33 units affordable Net Density acre 1.84 buildable acres Transient 0 rooms or spaces 0 rooms/spaces (2.3 ac — 0.20 open space Allocated Density /acre ratio) Nonresidential 0 FAR 0 sf Maximum Intensity Residential Market Rate Allocated: 0 units TDR/Market Rate Residential Max Net: +9 units Net Change in Development Affordable Residential Max Net: +18 units affordable Potential Based on Zoning Transient Allocated: +17 rooms/spaces Nonresidential: +24,623 sf Residential Market Rate Allocated: -6 units TDR/Market Rate Residential Max Net: -2 units Net Change in Development Potential Based on Zoning with Proposed Subarea Policy Affordable Residential Max Net: +18 units affordable Transient Allocated: -6 rooms/spaces BOCC SR 01.23.19 Page 9 of 19 File 2018-052 El Packet Pg. 1919 R.3.a Nonresidential:-15,520 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 and 3 commercial development. Section 130-156(b) of the Land Development Code states: "The density and 4 intensity provisions set out in this section are intended to be applied cumulatively so that no 5 development shall exceed the total density limits of this article. For example, if a development includes 6 both residential and commercial development, the total gross amount of development shall not exceed 7 the cumulated permitted intensity of the parcel proposed for development." 9 As shown in the blue portion of the table, the proposed Zoning amendment without the proposed 10 Subarea Policy would result in no increase in permanent allocated residential development potential; 11 an increase of 9 units max net density residential potential for market rate units with the use of TDRs; 12 an increase in 18 units of affordable residential development potential; an increase of 17 rooms or 13 spaces for transient units; and an increase in nonresidential development potential of 24,623 square 14 feet. 15 16 As shown in the orange portion of the table, the proposed Zoning amendment with the proposed 17 Subarea Policy would result in a decrease of six (6) units in residential development potential 18 for market rate units; a decrease of 2 units in max net density residential potential for market 19 rate units with the use of TDRs; a decrease of 8 units in development potential for transient 20 units; an increase of 18 units in affordable residential development potential; and a decrease in 21 nonresidential development potential of 15,620 square feet. 22 23 Any proposed new residential use would be subject to the requirements of Chapter 138 of the Land 24 Development Code related to the Residential Rate of Growth Ordinance (ROGO/NROGO) permit 25 process. Any proposed affordable dwelling units would need to obtain a ROGO allocation (affordable 26 ROGO allocations may be available) prior to issuance of a building permit. 27 28 Compatibility with the Surrounding Area 29 a. Existing Vegetation/Habitat: Mangrove, Buttonwood, Developed Land and Submerged Land 30 b. Existing Tier Designation: III 31 c. Number of Listed Endangered or Threatened Species: four 32 d. Existing Use: 17 deed -restricted affordable mobile homes 33 e. Community Character of Immediate Vicinity: Mixed Use. Adjacent land uses include vacant 34 land to the west, open water to the north, commercial and residential uses to the east, and 35 single-family and multi -family residential uses to the south across US1. BOCC SR 01.23.19 Page 10 of 19 File 2018-052 Packet Pg. 1920 R.3.a 2 The proposed Zoning amendment is not anticipated to adversely impact the community character of 3 the surrounding area. 4 5 6 IV. CONSISTENCY WITH THE MONROE COUNTY YEAR 2030 COMPREHENSIVE PLAN, 7 THE LOWER KEYS LIVABLE COMMUNIKEYS PLAN AND THE MONROE COUNTY LAND 8 DEVELOPMENT CODE 9 10 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe 11 County Year 2030 Comprehensive Plan, assuming the corresponding FLUM and Subarea Policy 12 are adopted and become effective. Specifically, it furthers: 13 14 Goal 101: Monroe County shall manage future growth to enhance the quality of life, ensure the 15 safety of County residents and visitors, and protect valuable natural resources. 16 17 Objective 101.3 18 Monroe County shall regulate new residential development based upon the finite carrying capacity 19 of the natural and man-made systems and the growth capacity while maintaining a maximum 20 hurricane evacuation clearance time of 24 hours. 21 22 Policy 101.3.3 23 Monroe County shall allocate at least 20% of the annual allocation, or as may be established by 24 the State of Florida, pursuant to Administration Commission Rules, to affordable housing units as 25 part of ROGO. Any portion of the allocations not used for affordable housing shall be retained and 26 be made available for affordable housing from ROGO year to ROGO year. Affordable housing 27 eligible for this separate allocation shall meet the criteria specified in Policy 601.1.4 and the Land 28 Development Code, but shall not be subject to the competitive Residential Permit Allocation and 29 Point System in Policy 101.6.4. Any parcel proposed for affordable housing shall not be located 30 within an area designated as Tier I as set forth under Goal 105 or within a Tier III -A Special 31 Protection Area as set forth in Policy 205.1.1. 32 33 Objective 101.5 34 Monroe County shall regulate future development and redevelopment to maintain and enhance the 35 character of the community and protect natural resources by providing for the compatible 36 distribution of land uses consistent with the designations shown on the Future Land Use Map. 37 38 Policy 101.5.6 39 The principal purpose of the Mixed Use/Commercial (MC) future land use category is to provide 40 for the establishment of mixed use commercial land use (zoning) districts where various types of 41 commercial retail and office may be permitted at intensities which are consistent with the 42 community character and the natural environment. Employee housing and commercial apartments 43 are also permitted. In addition, Mixed Use/Commercial land use districts are to establish and 44 conserve areas of mixed uses, which may include maritime industry, light industrial uses, BOCC SR 01.23.19 Page 11 of 19 File 2018-052 Packet Pg. 1921 R.3.a I commercial fishing, transient and permanent residential, institutional, public, and commercial 2 retail uses. 3 4 This future land use category is also intended to allow for the establishment of mixed use 5 development patterns, where appropriate. Various types of residential and nonresidential uses may 6 be permitted; however, heavy industrial uses and similarly incompatible uses shall be prohibited. 7 The County shall continue to take a proactive role in encouraging the preservation and 8 enhancement of community character and recreational and commercial working waterfronts. 9 In order to protect environmentally sensitive lands, the following development controls shall apply 10 to all hammocks, pinelands, and disturbed wetlands within this land use category: 11 1. only low intensity commercial uses shall be allowed; 12 2. a maximum floor area ratio of 0.10 shall apply to nonresidential development; and 13 3. maximum net residential density shall be zero. 14 15 In order to preserve and promote recreational and commercial working waterfront uses, as defined 16 by [Section] 342.07, F.S., the following criteria shall apply to all lands designated with the 17 Maritime Industries (MI) land use (zoning) district within this land use category: 18 1. When a mixture of uses is proposed for parcels designated as MI land use (zoning) district, 19 working waterfront and water dependent uses, such as marina, fish house/market, boat repair, 20 boat building, boat storage, or other similar uses but excluding transient uses, shall be 21 preserved by maintaining a minimum of 35% of the upland area of the property for those 22 uses. 23 To incentivize additional preservation of recreational and commercial working waterfront uses, 24 the following shall be available: i. For the preservation of 3650% of the upland area of property for working waterfront and water dependent uses, up to 20,000 square feet of nonresidential floor area from the NROGO bank shall be provided to the property; and ii. For the preservation of 50% or more of the upland area of property for working waterfront and water dependent uses, the residential density on the property may be developed pursuant to the maximum net density standard without the use of TDRs. 2. Parcels within the MI zoning district that have existing wet slips shall preserve at least 20% of the wet slips for vessels involved with recreational and commercial working waterfront uses, excluding live -aboard vessels solely used as a residence and not for navigation. 3. Parcels within the MI zoning district creating new wet slips shall preserve at least 10% of the wet slips for vessels involved with recreational and commercial working waterfront uses, excluding live -aboard vessels solely used as a residence and not for navigation. 4. The preservation of dockage for recreational and commercial working waterfront uses shall be documented on the final development plan and shall be a written condition of any permit approval. 5. For permanent residential development, parcels within the MI zoning district shall be limited to commercial apartments or employee housing. Commercial apartment means an attached or BOCC SR 01.23.19 Page 12 of 19 File 2018-052 Packet Pg. 1922 R.3.a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 detached residential dwelling unit located on the same parcel of land as a nonresidential use that is intended to serve as permanent housing for the owner or employees of that nonresidential use. The term does not include a tourist housing use or vacation rental use. 6. The preservation of a public access walkway, and a public access boat launch if one already exists, shall be required for all parcels with direct access to the water. Consideration shall be given to security and the physical constraints of the parcel. The public access walkway shall be documented on the final development plan to link a continuous walkway and shall be a written condition of any permit approval. 7. Parcels within the MI zoning district shall be limited to commercial retail uses of less than 5,000 square feet of floor area. Policy 101.5.25 Monroe County hereby adopts the following density and intensity standards for the future land use categories, which are shown on the FLUM and described in Policies 101.5.1 - 101.5.20. Future Land Use Densities and Intensities Residential (i) 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 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. BOCC SR 01.23.19 File 2018-052 Page 13 of 19 Packet Pg. 1923 R.3.a 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 (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. 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 I1) 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: BOCC SR 01.23.19 File 2018-052 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 Page 14 of 19 Packet Pg. 1924 R.3.a I close proximity. In some Infill Areas, a mix of nonresidential and high -density 2 residential uses (generally 8 units or more per acre) may also be found that form a 3 Community Center. 4 5 Policy 105.2.2 6 Monroe County shall maintain overlay map(s) designating geographic areas of the County as one 7 of the Tiers in accordance with the guidance in Policy 105.2.1, which shall be incorporated as an 8 overlay on the zoning map(s) with supporting text amendments in the Land Development 9 Regulations. These maps are to be used to guide the Land Acquisition Program and the smart 10 growth initiatives in conjunction with the Livable CommuniKeys Program (Policy 101.19.1). 11 12 GOAL 203 13 The health and integrity of living marine resources and marine habitat, including mangroves, 14 seagrasses, coral reefs, other hard bottom communities and fisheries, shall be protected and, where 15 possible, restored and enhanced. [§163.3177(6)d.2.d., F.S.; §163.3177(6)d.2.e., F.S.; 16 §163.3177(6)d.2.j., F.S.] 17 18 Objective 203.1 19 Monroe County shall protect its mangrove wetlands by continuing to implement regulations which 20 will further reduce disturbances to mangroves and which will mitigate the direct and indirect 21 impacts of development upon mangroves. [§163.3177(6)d.2.d., F.S.; §163.3177(6)d.2.e., F.S.; 22 §163.3177(6)d.2.j., F.S.] 23 24 Policy 203.1.1 25 The open space requirement for mangrove wetlands shall be one hundred (100) percent. No fill 26 or structures shall be permitted in mangrove wetlands except for elevated, pile -supported 27 walkways, docks, piers and utility pilings. [§163.3177(6)d.2.d., F.S.; §163.3177(6)d.2.e., F.S.; 28 §163.3177(6)d.2.j., F.S.] 29 30 Policy 203.1.2 31 Monroe County shall require minimum vegetated setbacks of fifty (50) feet to be maintained as an 32 open space buffer for development occurring adjacent to all types of wetlands except for tidally 33 inundated mangrove fringes and as provided for in Policy 204.2.3, 204.2.4 and 204.2.5. If a 50- 34 foot setback results in less than 2,000 square feet of principal structure footprint of reasonable 35 configuration, then the setback may be reduced to allow for 2,000 square feet of principal structure 36 footprint of reasonable configuration, provided that the setback is not reduced to less than twenty- 37 five (25) feet. On properties classified as scarified adjacent to wetlands, the wetland setback may 38 be reduced to twenty-five (25) feet, without regard to buildable area, if the entire setback is 39 managed in accordance with County regulations approved by the County Biologist and is placed 40 under conservation easement. [§163.3177(6)d.2.d., F.S.; §163.3177(6)d.2.e., F.S.; 41 §163.3177(6)d.2.j., F.S.] 42 43 Goal 205: The health and integrity of Monroe County's native upland vegetation shall be protected 44 and, where possible, enhanced. 45 BOCC SR 01.23.19 Page 15 of 19 File 2018-052 Packet Pg. 1925 R.3.a 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. 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. B. The proposed amendment is consistent with the Lower Keys Livable Communikeys Plan. Specifically, it furthers: Objective 1.2 Monroe County shall continue to use the Land Use District Map and Future Land Use Map categories to regulate land use by type, density, and intensity. Policy Item 1.2.1: Monroe County shall continue to recognize the FLUM categories and land use districts as the primary regulatory tools for evaluating development proposals. Policy Item 1.2.2: Monroe County shall continue to implement the Florida Keys Area of State Critical Concern and height restriction policies specified within the Monroe County Comprehensive Plan and the Monroe County Land Development Code. Objective 4.2 Monroe County shall encourage affordable and workforce housing in areas identified appropriate for higher intensity commercial, mixed -use, and residential development. C. The proposed amendment is consistent with the provisions and intent of the Monroe County Code Land Development Code. In accordance with MCC §102-158(d)(5)b., the BOCC may consider the adoption of an ordinance enacting the proposed change based on one or more of the following factors: BOCC SR 01.23.19 Page 16 of 19 File 2018-052 Packet Pg. 1926 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1. Changed projections (e.g., regarding public service needs) from those on which the text Of boundary was based; N/A 2. Changed assumptions (e.g., regarding demographic trends); Per the Applicant: Thedernonstrable, severe, and increasing iced for afford,,ible housing in the, lower Keys was n( existent at the titne the P'ropei-ty's LUD vi,,as, designated, The affordable housing crisis flaeill Monroe County and, iiipartiCLI]arthe City ,o.f'Ke,y West (for which Cudjoe yeti serves as a bedrooi C0111n.11111ity) constitutes a new issue which did rrot exist at tlie tirne the rnaps were creatcA F'Urther, the unavailability of housing in the lower Keys due toy an increase in, seasonal, and not )xorkforcc residents within the City of Key West is a demographic trend which did not exist at tp, time the Property's LUD was designated, "I"'his ch,,mged ass't-imption tnitigates for the, approval. (lie rOLtUeSted Lt JI) af,-nendnient. 3. Data errors, including errors in mapping, vegetative types and natural features described in Volume I of the plan; N/A 4. New issues; Per the Applicant: The demonstrable, severe, and increasing need for affordable housing in the lower Keywas not existent at the time the Property's LIJD 1,vas designated, The affordable, housing crisis fiwing N4onfoc County and, in partiCLIlar the City ol"Key West ( fbir which Key serves as a bedrooms community) constitutes a new iSSUe which did riot, exist at dw time the [J-31) maps were, created. ["Ur(her, the unavailability of housing in the lower Keys dUC t0i an increase in seasonal and, noil- workforce 'residents within the City of Key West is to demographic trend which did not exist at the time the Property"s LIJI was designated, '['his changed asstmilltion mitigates for the approval. of (1w requested 1"1"'11) anlendrnent, The applicant has proposed a corresponding FLUM amendment changing the FLUM designation on a portion of the property from Residential High (RH) and Residential Conservation (RC) to Mixed Use / Commercial (MC), The proposed Zoning map amendment is necessary to be consistent with the proposed FLUM amendment. Note, Sections 163.3194 and 163.3201, F.S., require land development regulations to be consistent with and implement the Comprehensive Plan. 5. Recognition of a need for additional detail or comprehensiveness; or N/A BOCC SR 01.23.19 File 2018-052 Page 17 of 19 I Packet Pg. 1927 1 2 6. Data updates. 3 4 N/A 5 6 In accordance with MCC § 102-15 8(d)(5)c., in no event shall an amendment be approved which will 7 result in an adverse community change to the planning area in which the proposed development is 8 located or to any area in accordance with a livable communikeys master plan pursuant to findings of 9 the board of county commissioners. 10 11 Per the Applicant: The Aniendment will not result in an adverse community clijange in the p1mining, area or surroutiding conununity,, The Property is currently developedwith seventeen (17) mobile lionws, which bave been dee-A restricted affordable. The addiflon, of more affordable inobile homes will not result in any immeasurable changei; to the cointnunity, as ffic affbi-dable cftanizter ofttie Property fias already heen established. AUditiotial al f"(1irdable mobile bonies are coinpatiblewith time existing Us Of the llrcsperty and not create any significant impacts, The Propwdy' 'IS ill proximity to pareels, zonled 1JRN4, SC (by, virtue of its kxation relative to U S. Higj,-nYzty SR and NA, and to had menses including mobile honies, detached single fanffly dwelllin,�ppos, and cornmercial retail uses (along the strip adjacent to IJ.S. flighway 1)4 The North side of US. Highway I nearby the Property consists primarily of' mobile honics and conimercial de%,,elopment bordered by unde%,eloped, land zoned Native Arezi, The hand area which is the stjlmjcct t,)t"the reqLiesled An101(1111011 is designated as'l)er 111, elassified as developed land, and is not classified as Imbitrit f6r any protected specics, The Cutljj(,w, Key area seriw,cs prim mat as a bedrooin comirlunity for emplioinant ceniters in Key Ww und Mumrat [iota, and the proposed re -zoning of the URM and requested NA portions of the Properly to SC, is col'isislent with the stirrotinding densities and land USe, catiegorit-,;. 12 LDR Sec. 130-46, "PLWPOSC Ofthe Suburban Conatnercial District", pixwidies thin theSlit' district is to establish areas for cornmerckM uses designed and, imende4i primarily to serve the needs t,)fthe irnmediate pLanring area in which they are Joc,.atcd, and %hould Ibe eslablished at locations, convenient and accessible to residential areas to reduce trips on U.S, L'The SC district Nw611 provide thc,aflbrdable density necessary to allo%�v the addition ofaffordable units to, serve tyre needs of Key 13 West and the lower Keys. 14 15 V. RECOMMENDATION 16 17 Staff recommends approval of the proposed Zoning amendment from NA and URM to SC, contingent 18 on adoption and effectiveness of the proposed corresponding FLUM amendment from RC and RH to 19 Mu. 20 21 BOCC SR 01.23.19 Page 18 of 19 File 2018-052 I Packet Pg. 1928 1 R.3.a VI. EXHIBITS 2 3 1. Proposed corresponding Comprehensive Plan Subarea Policy. 4 2. 1 F X 17" Map Series LUD Amendment 5 3. Ordinance BOCC SR 01.23.19 Page 19 of 19 File 2018-052 Packet Pg. 1929 R.3.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. 1930 R.3.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. 1931 R.3.b *100,359 sf (2.3 acres) per survey by Frederick H. Hildebrandt, Island Surveying Inc., dated 12/5/17. Onlv the land uses listed below shall be Housing Subarea Permitted as of ri tted within the Coco Palms Affordable 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, 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. E Packet Pg. 1932 (;uawpuawy 6uiuoZ 0300 SBUIPIOH sawoH aligoW) 6uiuoZ-deyq LLXLL Z'x3 :;uawy3euy Will' . 1 77M, I-, 0 z 0 U — E a 0 0 L u a LL Y E- �. •> — o®i0000ioo 5 z o 9 Q o ioii0000i a o n o a 0 � m aE U - _ oV o a a� a ❑ o A N E U C U O N E 0 0 w E i C n o 0 O 2) S - (1) r N N Q > a � Y ivawpuawv ash pua� njunoo aoauoW 2 4 . . . . . . . . . . 5 6 MONROE COUNTY, FLORIDA 7 MO COUNTY BOARD OF COUNTY COMMISSIONERS 8 ORDINANCE NO. -2019 9 10 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY I I COMMISSIONERS AMENDING THE MONROE COUNTY LAND USE 12 DISTRICT (ZONING) MAP FROM NATIVE AREA (NA) AND URBAN 13 RESIDENTIAL -MOBILE HOME (URM) TO SUBURBAN COMMERCIAL 14 (SC)i, FOR PROPERTY LOCATED AT 21585 OLD STATE ROAD 4A, 15 CUDJOE KEY, APPROXIMATE MILE MARKER 22, HAVING REAL 16 ESTATE 4: 00174960-000000, AS PROPOSED BY SMITH HAWKS, PL ON 17 BEHALF OF MOBILE HOMES HOLDINGS COCO, LLC; PROVIDING 18 FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING 19 PROVISIONS; PROVIDING FOR AMENDMENT TO THE LAND USE 20 DISTRICT (ZONING) MAP; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an application was filed by Smith Hawks, PL on behalf of Mobile 1--lome Holdings Coco, LLC (the "Applicant") to amend the Monroe County Land Use District (Zoning) map from Native Area (NA; 0.6 acres) and. Urban Residential -Mobile Home (URM; I .I acres) to Suburban Commercial (SC; 1.7 acres) for a portion of property located at 2.1.585 Old State Road 4A on Cudjoe Key; and WHEREAS, the applicant has also applied for corresponding amendments to the Monroe County Year 2030 Comprehensive Plan to amend the Future Land Use Map (FLUM) designation for a portion of the subject property from Residential Conservation. (RC; 0.6 acres) and Residential High (RH- 1.1 acres) to Mixed Use / Commercial (MC; 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 affordable housing and accessory uses; and WHEREAS, the Monroe County Development Review Committee (DRC) considered the proposed amendment at a regularly scheduled meeting held on May 29, 2018,, and provided for public comment; and WHEREAS, on May 31, 2018, the applicant held a community meeting, as required by LDC Sections 102-158(a) and 102-159(b), to discuss the proposed Land Use District (Zoning) Map Ordinance -2019 File No. 2018-052 Page I of 4 I Packet Pg. 1934 1 I amendment, and. corresponding proposed Comprehensive Plan text amendment and Future Land 2 Use Map (FLUM) amendment, and provide for public participation; and 3 4 WHEREAS, at a regularly scheduled meeting held on July 25, 2018, the Monroe County 5 Planning Commission held a public hearing for the purpose of considering the proposed 6 amendment to the Land Use District (Zoning) Map, as well as the corresponding FLUM 7 amendment and Comprehensive Plan text amendment creating a subarea policy for the site, and 8 provided for public comment; and 9 10 WHEREAS, the Monroe County Planning Cominission adopted Resolution No. 27-,18 11 recommending to the BOCC approval with changes, as discussed during the Planning Commission 12 hearing, of the proposed amendment; and 13 14 WHEREAS, the proposed FLUM amendment qualifies as a small-scale comprehensive 15 plan amendment pursuant to Section 16' ).3187, Florida Statutes, for which the BOCC holds one 16 public hearing to consider the adoption of the proposed comprehensive plan amendment, and 17 considers the staff report, staff recommendation, and the testimony given at the public hearing; 18 and 19 20 WHEREAS, at a regular meeting held on the 20"' day of February, 2019, the Monroe 21 County Board of County Commissioners held a public hearing to consider adoption of the 22 proposed Zoning Map amendment, considered the staff report and provided for public comment 23 and public participation in accordance with the requirements of state law and the procedures 24 adopted for public participation in the planning process; 25 26 WHEREAS, based upon the documentation submitted and information provided in the 27 accompanying staff report, the BOCC makes the following Conclusions of Law: 28 29 1. The proposed map amendment is consistent with the provisions of the Monroe County 30 Code: 31 a. As required by MCC §102-158, the map amendment does not relieve particular 32 hardships, nor confer special privileges or rights on any person, nor permit an 33 adverse change in community character, as analyzed in the Monroe County Year 34 2030 Comprehensive Plan; 35 K As required by MCC §102-1581(d)(7)b., the map aniendment is needed due to 36 changed assumptions and new issues; and 37 2. The proposed map amendment is consistent with the provisions and intent of the .38 Monroe County Year 20' ) 0 Comprehensive Plan: 39 a. The Suburban Commercial (SC) Land Use (Zoning) District corresponds with the 40 Mixed Use / Commercial (MC) Future Land Use Map designation and is consistent 41 with the respective density and intensity standards as set forth in Policy 10 1.525; Ordinance -2019 File No. 2018-052 Page 2of 4 I Packet Pg. 1935 1 I b. The Suburban Commercial (SC) Land Use (Zoning) District is consistent with the 2 purpose of the Mixed. Use / Commercial (MC) Future Land Use Map designation, as set forth in Policy 10 1.5,6; 4 c. The proposed amendment is not inconsistent with the Lower Keys Livable 5 CommuniKeys Plan; and 6 3. The proposed map amendment is not inconsistent with the Principles for Guiding 7 Development in the Florida Keys Area of Critical State Concern; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COO UNTY 10 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 11 12 Section 1. The Monroe County Land Use District (Zoning) map is hereby arnended as follows- 13 14 The property located at 21585 Old State Road 4A, Cudjoe Key, approximately Mile 15 Marker 22, legally described as a portion of Lot 30, Sacarma a subdivision of 16 Government Lots 3 and 4 in Section 29, Township 66 South, Range 28 East, Cudjoe 17 Key, Monroe County, Florida, recorded in Plat Book 2, Page 48 of the Public 18 Records of Monroe County, Florida, having real estate # 00174960-000000, is 19 changed from Native Area (NA; 0.6 acres) and Urban Residential -Mobile Home 20 (URM; I.1 acres) to Suburban Commercial (SC; 1.7 acres), as shown on Exhibit 1, 21 attached hereto and incorporated herein. 22 23 This Land Use District (Zoning) map amendment is contingent on adoption and 24 effectiveness of the corresponding FLUM amendment from Residential High (RI-1) 25 and Residential Conservation (RC) to Mixed Use / Commercial (MC). 26 27 Section 2. Sever~ability. If any section, subsection, sentence, clause, item, change, or 28 provision of this ordinance is held invalid, the remainder of this ordinance shall not 29 be affected by such validity. 30 31 Section 3. Rel2eal of Inconsistent Provisions. All ordinances or parts of ordinances in 32 conflict with this ordinance are hereby repealed to the extent of said conflict, 33 34 Section 4. Filing and Effective Date. This ordinance shall be filed in the Office of the 35 Secretary of the State of Florida and shall become effective as provided by law, '16 37 Section 5. Inclusion on the Monroe Counly Code's Official Land Use DijjEjq_a m The 38 provisions of this Ordinance shall be included and incorporated on to the Official 39 Land Use District Map of Monroe County, 40 41 Ordinance -2019 File No. 2018-052 I Packet Pg. 1936 1 PASSED AND ADOPTED by the Board of County Commissioner,-, of Monroe County, Florida, at a regular meeting held on the 201h day of February, 2019. Mayor Sylvia Murphy, District 5 Mayor Pro Terri Danny L. Kolhage, District I Commissioner Michelle Coldiron, District 2 Commissioner Heather Carruthers, District 3 Commissioner David Rice, District 4 ME ATTEST: KEVIN MADOK, CLERK DEPUTY CLERK Ordinance -2019 File No, 2018-052 Page 4 of 4 I Packet Pg. 1937 1 Exhl i bit I to Ordinance# -2019 The Monroe County Land Use District is arnendei, as indicated above. Land Use District change of one parcel of land in Cudjoe Key having Real Estate Number 00174960-000000 from Suburban Commercial (SC), Urban Residential Mobile Home (URM) and Native Area (NA) to N Suburban Commercial (SC) and Native Area (NA). A I Packet Pg. 1938 1