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Item P3 P.3 t, BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Sylvia Murphy,District 5 The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1 �pw° Michelle Coldiron,District 2 Heather Carruthers,District 3 David Rice,District 4 County Commission Meeting June 19, 2019 Agenda Item Number: P.3 Agenda Item Summary #5183 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 adoption of an Ordinance by the Monroe County Board of County Commissioners amending Policy 101.3.3 of the Monroe County Year 2030 Comprehensive Plan to allow for the award of ROGO allocations to Tier I and III-A for the redevelopment of lawfully existing ROGO exempt dwelling units with a replacement affordable dwelling unit. ITEM BACKGROUND: On September 10, 2017, Hurricane Irma made landfall in the Florida Keys. Significant damage occurred to the housing stock, particularly in areas with lower cost housing options for members of the local workforce. Due to the need to rebuild a substantial number of homes throughout the County, and the objective to maintain affordability while rebuilding a resilient housing stock, both private and public agencies and property owners are engaged in redevelopment activities that may require or benefit from the transfer of market rate ROGO exemptions away from storm-damaged sites, and the award of affordable ROGO allocations onto Tier I and III-A designated parcels for the purpose of rebuilding damaged homes. The need to replace market rate ROGO exemptions with affordable ROGO allocations, regardless of Tier designation, may include, but is not limited to: availability of funding for specific project types and locations; opportunities to replace market rate housing with deed restricted affordable housing to maintain workforce housing stock; and the potential to leverage market rate ROGO transfers in order to fund efforts to reconstruct affordable units. The ability to replace a lawfully established dwelling unit with a deed restricted affordable dwelling unit that has secured an affordable ROGO allocation award bolsters efforts to maintain affordability while rebuilding resilient housing stock. Current policies within the Comprehensive Plan do not allow for the award of affordable ROGO allocations to Tier I or Tier III-A designated parcels. Affordable ROGO allocation awards are currently restricted to land with Tier II and III designations. On April 19, 2018, at the regularly scheduled Board of County Commissioners meeting, the BOCC gave direction to staff to process proposed text amendments to the Comprehensive Plan and Land Development Code to incentivize the development of affordable housing by allowing the issuance of affordable housing ROGO allocations to Tier I and Tier III-A designated parcels in order to replace Packet Pg. 1468 P.3 market rate dwelling units with a deed-restricted affordable housing dwelling units. At a regular meeting held on September 26, 2018, the Planning Commission (PC) recommended approval of the proposed text amendment through PC Resolution P29-18 and provided for public comment. PREVIOUS RELEVANT BOCC ACTION: On July 22, 2016, the Affordable Housing Advisory Committee adopted Resolution 01-2016 providing 33 recommendations to the Board of County Commissioners on the issues included in their charge. On August 17, 2016, staff presented the Affordable Housing Advisory Committee's adopted Resolution 01-2016 (33 recommendations) to the BOCC and the BOCC approved contracts for studies to support and inclusionary housing requirement to cover transient and commercial development as well as requested staff to schedule a special meeting to discuss the remaining recommendations. At a special meeting on December 6, 2016, the BOCC reviewed and discussed the 33 recommendations provided by the Affordable Housing Advisory Committee and directed staff to research certain items, implement certain items and process amendments to the land development code. On a special meeting on December 6, 2016, the BOCC specifically directed staff to amend Monroe County Code Section 139-2 (affordable housing incentive program), as recommended by the Affordable Housing Advisory Committee, to limit the transfer of ROGO exemptions from mobile homes to only tier III designated platted lots within the Improved Subdivision (IS) land use district and within the same ROGO planning subarea for the development of single family detached dwelling units. The Monroe County Board of County Commissioners, at a regular meeting on February 15, 2017 in Key West, Florida, directed staff to impose a temporary moratorium upon certain development applications proposing to utilize Monroe County Code Section 139-2 (affordable housing incentive program) to transfer ROGO exemptions from mobile homes to another location. The Monroe County Board of County Commissioners adopted Resolution 088-2017, at a regular meeting on March 15, 2017 in Key Largo, Florida, directing staff to process an ordinance to impose a temporary moratorium deferring the approval of new private applications or received applications that are not yet approved, proposing to utilize Monroe County Code Section 139-2 (Affordable Housing Incentive Program) or Section 138-22(b) (Transfer of ROGO exemptions off site) to transfer market rate units to another location. On November 20, 2018, at a regularly scheduled meeting, the BOCC held a public hearing to consider the transmittal of the proposed text amendment, considered the staff report, and provided for public comment and public participation in accordance with the requirements of state law and the procedures adoption for public participation in the planning process. The BOCC adopted Resolution 413-2018 transmitting the proposed amendment to the State Land Planning Agency Packet Pg. 1469 P.3 (DEO) for review and comment. Following their review of the proposed amendment, DEO issued an Objections, Recommendations and Comments (ORC) report on May 6, 2018 (attached). The ORC report did not identify any objections, recommendations or comments. The County has 180 days from the date of receipt of the ORC to adopt the proposed amendment, adopt the amendment with changes or not adopt the amendment. CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Staff recommends APPROVAL of the proposed amendment. DOCUMENTATION: 2018-107_Staff Report_BOCC_06.19.19 Ex.l - PC Resolution P29-18 Ex. 2 - DEO ORC Report- MONROE COUNTY 19-02ACSC Ordinance FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: Additional Details: REVIEWED BY: Emily Schemper Completed 05/30/2019 11:54 PM Packet Pg. 1470 P.3 Assistant County Administrator Christine Hurley Completed 05/31/2019 10:33 AM Steve Williams Completed 06/03/2019 4:08 PM Maureen Proffitt Completed 06/03/2019 4:17 PM Budget and Finance Completed 06/03/2019 4:19 PM Maria Slavik Completed 06/04/2019 7:47 AM Kathy Peters Completed 06/04/2019 9:26 AM Board of County Commissioners Pending 06/19/2019 9:00 AM Packet Pg. 1471 P.3.a Mop' �NN�Jl1l1J1J11)��1 3mw } 4 MEMORANDUM as 5 MONROE COUNTY PLANNING& ENVIRONMENTAL RESOURCES DEPARTMENT 6 We strive to be caring,professional and fair 7 8 To: Monroe County Board of County Commissioners X 9 4- 0 10 Through: Emily Schemper, AICP, CFM, Senior Director of Planning & Environmental Resources 11 E 12 From: Cheryl Cioffari, AICP, Comprehensive Planning Manager 13 CL 14 Date: May 28, 2019 15 z 16 Subject: An Ordinance by the Monroe County Board of County Commissioners amending Policy 0 17 101.3.3 of the Monroe County Year 2030 Comprehensive Plan to allow for the award of CL 18 ROGO allocations to Tier I and III-A for the redevelopment of lawfully existing ROGO 19 exempt dwelling units with a replacement affordable dwelling unit. (File 2018-107) 20 a 21 Meeting: June 19, 2019 < 22 23 I. REQUEST CL CL 24 E 0 25 The Monroe County Planning & Environmental Resources Department is proposing a text amendment to U 26 Comprehensive Plan Policy 101.3.3 to allow for the award of ROGO allocations to Tier I and III-A for 27 the redevelopment of lawfully existing ROGO exempt dwelling units with a replacement affordable 28 dwelling unit. U) 29 30 31 II. BACKGROUND INFORMATION CD 32 33 On September 10, 2017, Hurricane Irma made landfall in the Florida Keys. Significant damage occurred CD i 34 to the housing stock, particularly in areas with lower cost housing options for members of the local U 35 workforce. Due to the need to rebuild a substantial number of homes throughout the County, and the 36 objective to maintain affordability while rebuilding a resilient housing stock, both private and public 0� 37 agencies and property owners are engaged in redevelopment activities that may require or benefit from C 38 the transfer of market rate ROGO exemptions away from storm-damaged sites, and the award of affordable 39 ROGO allocations onto Tier I and III-A designated parcels for the purpose of rebuilding damaged homes. 40 The need to replace market rate ROGO exemptions with affordable ROGO allocations, regardless of Tier 41 designation, may include, but is not limited to: availability of funding for specific project types and 42 locations; opportunities to replace market rate housing with deed restricted affordable housing to maintain Go 43 workforce housing stock; and the potential to leverage market rate ROGO transfers in order to fund efforts CD N 44 to reconstruct affordable units. The ability to replace a lawfully established dwelling unit with a deed 45 restricted affordable dwelling unit that has secured an affordable ROGO allocation award bolsters efforts E 46 to maintain affordability while rebuilding resilient housing stock. Current policies within the L) BOCC SR 06.19.19 Page 1 of 16 File No. 2018-107 Packet Pg. 1472 P.3.a I Comprehensive Plan do not allow for the award of affordable ROGO allocations to Tier I or Tier III-A 2 designated parcels. Affordable ROGO allocation awards are currently restricted to land with Tier II and 3 III designations. 4 5 On April 19, 2018, at the regularly scheduled Board of County Commissioners meeting, the BOCC gave 6 direction to staff to process proposed text amendments to the Comprehensive Plan and Land Development 7 Code to incentivize the development of affordable housing by allowing the issuance of affordable housing 8 ROGO allocations to Tier I and Tier III-A designated parcels in order to replace market rate dwelling units X 9 with a deed-restricted affordable housing dwelling units. 10 11 Community Meeting and Public Participation E 12 In accordance with LDC Section 102-159(b), a community meeting was held on June 26, 2018 at 5:30 13 PM to discuss the proposed Comprehensive Plan and Land Development text amendments, and to provide 14 for public participation. 15 16 Development Review Committee and Public Input 0 17 At a regular meeting held on July 24, 2018, the Development Review Committee (DRC) considered the a. 18 proposed Comprehensive Plan text amendment and corresponding Land Development text amendment, 19 and provided for public comment. 20 21 Planning Commission and Public Input 22 At a regular meeting held on September 26, 2018,the Planning Commission(PC)recommended approval 23 of the proposed text amendment through PC Resolution P29-18 and provided for public comment. 24 25 PREVIOUS RELEVANT BOCC ACTION: U 26 On July 22, 2016, the Affordable Housing Advisory Committee adopted Resolution 01-2016 providing 27 33 recommendations to the Board of County Commissioners on the issues included in their charge. 28 .2 29 On August 17, 2016, staff presented the Affordable Housing Advisory Committee's adopted Resolution 30 01-2016 (33 recommendations) to the BOCC and the BOCC approved contracts for studies to support 31 and inclusionary housing requirement to cover transient and commercial development as well as 32 requested staff to schedule a special meeting to discuss the remaining recommendations. 33 34 At a special meeting on December 6, 2016, the BOCC reviewed and discussed the 33 recommendations 35 provided by the Affordable Housing Advisory Committee and directed staff to research certain items, 0 36 implement certain items and process amendments to the land development code. �i 37 0 38 On a special meeting on December 6, 2016, the BOCC specifically directed staff to amend Monroe 39 County Code Section 139-2(affordable housing incentive program), as recommended by the Affordable 40 Housing Advisory Committee, to limit the transfer of ROGO exemptions from mobile homes to only 41 tier III designated platted lots within the Improved Subdivision(IS)land use district and within the same 42 ROGO planning subarea for the development of single family detached dwelling units. 00 43 44 The Monroe County Board of County Commissioners, at a regular meeting on February 15, 2017 in Key 45 West, Florida, directed staff to impose a temporary moratorium upon certain development applications E BOCC SR 06.19.19 Page 2 of 16 File No. 2018-107 Packet Pg. 1473 P.3.a I proposing to utilize Monroe County Code Section 139-2 (affordable housing incentive program) to 2 transfer ROGO exemptions from mobile homes to another location. 3 4 The Monroe County Board of County Commissioners adopted Resolution 088-2017, at a regular meeting 0 5 on March 15, 2017 in Key Largo, Florida, directing staff to process an ordinance to impose a temporary 6 moratorium deferring the approval of new private applications or received applications that are not yet E, 7 approved, proposing to utilize Monroe County Code Section 139-2 (Affordable Housing Incentive 8 Program) or Section 138-22(b) (Transfer of ROGO exemptions off site) to transfer market rate units to A 9 another location. 4- 0 10 11 On July 19, 2017, the BOCC adopted interim development Ordinance 011-2017, to defer the approval of 12 new private applications or received applications that have not been fully approved utilizing Monroe 13 County Code Section 139-2 (affordable housing incentive program) to transfer ROGO exemptions from 14 mobile homes to another location, or Section 138-22(b) to transfer off-site market rate units to another 15 location, commencing March 15,2017,until the Land Development Code is amended to limit the transfer 16 of ROGO exemptions from mobile homes to only Tier III designated platted lots within the Improved 17 Subdivision (IS) land use district or the Urban Residential Mobile- Home (URM) land use district and a. 18 within the same ROGO planning subarea for the development of single family detached dwelling units 19 and the receiver property shall not be a working waterfront; as recommended of the Affordable Housing 20 Advisory Committee and the BOCC; providing for expiration within 365 days of the effective date 21 of the interim development ordinance or when the land development code amendments become effective, E 22 whichever comes first. Ordinance 011-2017 is due to expire on October 27, 2018. 23 24 At the July 18, 2018 regularly scheduled BOCC meeting in Marathon, the BOCC adopted Resolution 25 203-2018 that reduced the scope of interim development Ordinance Olt-2017 to allow the transfer of 26 market rate ROGO allocations to single family properties with IS or URM zoning only. 27 28 The award of an Affordable ROGO allocation under the currently proposed amendment, when combined .2 29 with the transfer of a market rate ROGO allocation, may incentivize the development of affordable 30 housing (on redeveloping properties) by allowing the issuance of affordable housing ROGO allocations 31 to Tier I and Tier III-A designated parcels in order to replace market rate dwelling units with a deed- 32 restricted affordable housing dwelling units and allow the transfer of the market rate ROGO for use 33 elsewhere. 34 35 On November 20, 2018, at a regularly scheduled meeting, the BOCC held a public hearing to consider the 0 36 transmittal of the proposed text amendment, considered the staff report, and provided for public comment i 37 and public participation in accordance with the requirements of state law and the procedures adoption for 0 38 public participation in the planning process. The BOCC adopted Resolution 413-2018 transmitting the 39 proposed amendment to the State Land Planning Agency (DEO) for review and comment. 40 41 Following their review of the proposed amendment, DEO issued an Objections, Recommendations and 42 Comments (ORC) report on May 6, 2018 (attached). The ORC report did not identify any objections, 00 43 recommendations or comments. The County has 180 days from the date of receipt of the ORC to adopt Q 44 the proposed amendment, adopt the amendment with changes or not adopt the amendment. N 45 46 BOCC SR 06.19.19 Page 3 of 16 File No. 2018-107 Packet Pg. 1474 P.3.a 1 III. PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENT 2 3 Proposed Amendment (deletions are stti kef tht:e,,.mot,; additions are shown in underlined): 4 5 Policy 101.3.3 6 Monroe County shall allocate at least 20% of the annual allocation, or as may be established by 7 the State of Florida, pursuant to Administration Commission Rules, to affordable housing units 8 as part of ROGO. Any portion of the allocations not used for affordable housing shall be retained X 9 and be made available for affordable housing from ROGO year to ROGO year. Affordable - 10 housing eligible for this separate allocation shall meet the criteria specified in Policy 601.1.4 11 and the Land Development Code, but shall not be subject to the competitive Residential Permit E 12 Allocation and Point System in Policy 101.6.4. Any parcel proposed for affordable housing shall 0 13 not be located within an area designated as Tier I as set forth under Goal 105 or within a Tier 0. 14 III-A Special Protection Area as set forth in Policy 205.1.1. 15 16 Notwithstanding the fore _going, and notwithstanding _g Policy 101.6.2, affordable housing ROGO 101.6.2, affordable housing ROGO 0 17 allocations may be awarded to Tier I or Tier III-A properties which meet all of the following 18 criteria: 19 1. The property contains an existing market rate dwelling unit that meets the criteria in LDC 20 Section 138-22(a) and is determined to be exempt from ROGO, E 21 2. The proposed replacement affordable dwelling unit meets current Florida Building g Code 22 and is not a mobile home, 23 3. The proposed replacement dwelling unit shall be deed restricted for a period of at least 99 c 24 years as affordable housing pursuant to the standards of the Land Development Code, and 25 4. The proposed site plan for the replacement affordable dwelling unit does not propose any 26 additional clearing of habitat. 27 28 Policy 101.6.2 29 In order to encourage a compact form of residential growth that results in infill development in 30 platted, improved subdivisions, the Point System shall be primarily based on the Tier system of 31 land classification as set forth under Goal 105. To discourage and limit further growth in Tier I 32 designated areas, the annual maximum number of residential permit allocations that may be 33 awarded in Tier I shall be no more than three (3) each in the Upper and Lower ROGO subareas. 0 34 Other criteria and corresponding points are allocated to encourage development to the most �i 35 appropriate locations and discourage development from inappropriate locations. 0 36 37 In the Big Pine Key/No Name Key subarea the annual maximum number of residential permit r_ 38 allocations that may be awarded in Tier I shall be no more than one (1) every 2 years. This (i 39 provision is subject to the issuing of an updated USFWS Incidental Take Permit (ITP) and 40 amended Habitat Conservation Plan (HCP)/Livable CommuniKeys Plan (LCP) to cover the 00 41 properties within CBRS system units in the subarea; as well as an amended FEMA Biological 42 Opinion by USFWS to cover properties outside the CBRS system units in the subarea. Until the 43 ITP, HCP, Biological Opinion, and LCP are amended, a property owner attempting to develop his 44 property may be granted an allocation through the ROGO process that may be used once that c� BOCC SR 06.19.19 Page 4 of 16 File No. 2018-107 Packet Pg. 1475 P.3.a I property owner obtains all required permits and authorizations required under the Endangered 2 Species Act and other applicable federal and state laws. The allocation will remain valid so long 2 3 as the applicant diligently and in good faith continues to work with USFWS to conclude the 4 coordination and pick up a building permit. 5 6 The BOCC will be balancing the demonstrated need for affordable and resilient housing while minimizing 7 impacts to environmental resources as they consider the proposed amendment. The proposed policy , 8 language includes criteria for qualifying parcels that seek to minimize any secondary impacts to 0 9 environmental resources. 0 10 IV.CONSISTENCY WITH THE MONROE COUNTY 2030 COMPREHENSIVE PLAN, THE 11 PRINCIPLES FOR GUIDING DEVELOPMENT,AND FLORIDA STATUTES. 0 12 13 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe 14 County 2030 Comprehensive Plan. Specifically, it furthers: 15 a. 16 Goal 101: Monroe County shall manage future growth to enhance the quality of life, ensure the 0 17 safety of County residents and visitors, and protect valuable natural resources. 18 19 Objective 101.2: As mandated by the State of Florida, pursuant to Section 380.0552, F.S. and 20 Rule 28-20.140, F.A.C., and to maintain the public health, safety, and welfare, Monroe County 21 shall maintain a maximum hurricane evacuation clearance time of 24 hours and will coordinate 22 with the State Land Planning Agency relative to the 2012 Memorandum of Understanding that has 23 been adopted between the County and all the municipalities and the State agencies. E 24 U 25 Objective 101.3: Monroe County shall regulate new residential development based upon the finite 26 carrying capacity of the natural and man-made systems and the growth capacity while maintaining 27 a maximum hurricane evacuation clearance time of 24 hours. 28 29 Policy 101.3.3: Monroe County shall allocate at least 20% of the annual allocation, or as may be 30 established by the State of Florida, pursuant to Administration Commission Rules, to affordable 31 housing units as part of ROGO. Any portion of the allocations not used for affordable housing 32 shall be retained and be made available for affordable housing from ROGO year to ROGO year. 33 Affordable housing eligible for this separate allocation shall meet the criteria specified in Policy 34 601.1.4 and the Land Development Code, but shall not be subject to the competitive Residential 35 Permit Allocation and Point System in Policy 101.6.4. Any parcel proposed for affordable housing 36 shall not be located within an area designated as Tier I as set forth under Goal 105 or within a Tier 0. 0 37 III-A Special Protection Area as set forth in Policy 205.1.1. 38 39 Policy 101.3.10: Notwithstanding any other provision of the Plan, ROGO allocations utilized for 40 affordable housing projects may be pooled and transferred between ROGO subareas, excluding Q 41 the Big Pine/No Name Keys ROGO subarea, and between local government jurisdictions within 00 42 the Florida Keys Area of Critical State Concern (ACSQ. Any such transfer between local c,, 43 government jurisdictions must be accomplished through an interlocal agreement between the 44 sending and receiving local governments. E 45 BOCC SR 06.19.19 Page 5 of 16 File No. 2018-107 Packet Pg. 1476 P.3.a I Policy 101.5.25 2 Monroe County hereby adopts the following density and intensity standards for the future land 3 use categories, which are shown on the FLUM and described in Policies 101.5.1101.5.20. 4 [F.S. § 163.3177(6)(a)l.] 0 5 Future Land Use Densities and Intensities Residential(1) Nonresidential Minimum X Future Land Use Category and Maximum Net Open Space 4- Corresponding n Allocated Density Maximum h c Corresponding Zoning (a) Density�a�@� Intensity Ratio W (per upland acre) (her buildable (floor area ratio) E acre) ca griculture/Aquaculture 0 du N/A Per CL (A)(d) 0 rooms/spaces N/A 0.25 underlying W no directlycorresponding zoning) zoning Airport(AD) 0 du N/A 0.10 0.20 (AD zoning) 0 rooms/spaces N/A Commercial(COMM) 0 du N/A IL C1 and C2 zoning) 0 rooms/spaces N/A 0.15 0.50 0.20 Conservation(C) 0 du N/A CD zoning) 0 rooms/spaces N/A 0.05 0.90 Education(E)(a) 0 du N/A Per underlying no directlycorresponding zoning) 0 rooms/spaces N/A 0.30 zoning Industrial(I) 1 du 2 du (I and MI zoning) 0 rooms/spaces N/A 0.25 0.60 0.20 CL Institutional(INS)(a) 0 du N/A Per underlying E no directlycorresponding zoning) 15 rooms/spaces 24 rooms/spaces 0.30 zoning Mainland Native(MN) 0.01 du N/A 0.95 0.99 MN zoning) 2 spaces(e) N/A 0.03 Military(M) 6 du 12 du .2 MF zoning) 10 rooms/spaces 20 rooms/spaces 0.30-0.50 0.20 1 du (DR,MU,MI) 2 du(MI) 0.10-0.45 3 du(SC) 6-18 du(SC)(k) (SC,UC,DR Mixed Use/Commercial 6 du(UC) 12 du(UC) MU) ��� Commercial 12-18 du(MU)�� Apartments 18 du(DR) (SC,UC,DR,RV,MU and MI zoning) (RV) m <2,500 SF (RV) 0.20 10-25 0.30-0.60(MI) 5-15 rooms/spaces CL rooms/spaces 1 du 12 du(CFA, (CFSD-20) W CFSD) Mixed Use/Commercial Fishing(MCF) other 3 du(CFA all (CFA, CFV, CFSD zoning) 1 du/lotC(CFV) N/A(CFV) 0.25-0.40 0.20 00 CD 0 rooms/spaces N/A Preservation(P)(a) 0 du N/A as P zoning) 0 rooms/spaces N/A 0 1.00 BOCC SR 06.19.19 Page 6 of 16 File No. 2018-107 Packet Pg. 1477 P.3.a Public Buildings/Lands 0 du N/A Per underlying (PB)(a) 0.30 y g zoning no directlycorresponding zoning) 0 rooms/spaces N/A Public Facilities(PF)(a) 0 du N/A Per underlying (no directly corresponding zoning) 0 rooms/spaces N/A 0.30 zoning Recreation(R) 0 du N/A E (PR zoning) 2 rooms/spaces N/A 0.20 0.90 c Residential Conservation(RC) 0-0.10 du(OS) N/A A 0.25 du(NA) 0-0.20 0.95 X (OS and NA zoning) 0 rooms/spaces N/A 0 3 du(SR-L) 0.50 du 5 du(SR) or 0.50(SR SR- 0 Residential Low(RL) 0 (SS, SR, and SR-L zoning) 1 du/lot(SR)�n�� 0.25 L) N/A(SS) 0.80(SS) aCL L 0 rooms/spaces N/A 1 du/lot(IS, IS-V, N/A Residential Medium(RM) IS-M) IL (IS,IS-V, IS-M and IS-D 0)zoning) 2 du/lot(IS-D) a 0 rooms/spaces N/A 0 0.20 6 du(UR) � 12 25 du(UR)(k) 0 1 du/lot(URM E URM-L) N/A(IS-D URM Residential High(RH) 2 du/lot(IS-D) URM-L) (IS-D o),URM,URM-L and UR zoning) IL 0 10 0 20 0 0.20 CL rooms/spaces E rooms/spaces U 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. 0 (b) The Maximum Net Density is the maximum density allowable with the use of TDRs, or for qualifying affordable .5 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 s ace. (c) Additional open space requirements may apply based on environmental protection criteria;in these cases,the most restrictive requirement shall apply. 3 (d) Future land use categories of Agriculture/Aquaculture,Education, Institutional,Preservation,Public 0 Buildings/Lands, and Public Facilities,which have no directly corresponding zoning,may be used with new or existing zoning districts as appropriate. 0 (e) Within the Mainland Native future land use district,campground spaces and nonresidential buildings shall only be aCL L 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 00 and use category. Working waterfront and water dependent uses, such as marina, fish house/market,boat repair,boat wilding,boat storage, or other similar uses, shall comprise a minimum of 35% of the upland area of the property, C14 adjacent to the shoreline puEsuant 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 E n existence on the site whichever is less. ca BOCC SR 06.19.19 Page 7 of 16 File No. 2018-107 Packet Pg. 1478 P.3.a (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 M uses and intensity i.e., density and intensity shall not be counted cumulatively). (j) Within IS subdivisions with primarily single family residential units, IS-D zoning may be used with a RM future and use designation for platted lots which have a duplex that was lawfully established prior to September 15, 1986. E E (k) The maximum net density shall be 25 du/buildable acre for the UR zoning district and shall be 18 du/buildable cm c 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 2 ith a maximum net densit not exceedin 18 du/buildable acre. 0 (1) Vessels,including live-aboard vessels, or associated wet slips are not considered dwelling units and do not count c when calculating density. (in) Within the Residential Low future land use category,the maximum net density for platted lots of less than 0.40 0 gross acres within the SR zoning district shall be 1 dwelling unit per platted lot,provided all of the following conditions are met: CL as 1) The parcel must be one full platted lot shown on a plat approved by the County and duly recorded prior to January 1996; z The platted lot may not be identified for any other use or purpose on the plat(e.g., "park," "common area," etc.); 0 3 The platted lot must have a Tier designation of Tier III; IL Notwithstanding Policy 101.13.2,the maximum net density may only be reached with the transfer of one(1) full DR to the SR lot,regardless of the size of the lot and the allocated density assigned to it; 5) The TDR must meet all requirements and procedures specified in Policy 101.13.3 and Section 130-160 of the Land as Development Code; 6) TDRs under this provision may not be transferred into noise zones of 65 DNL or greater; and Vlicy The subject parcel must comply with IL 301.2.5 regarding legal access. 0. 1 0 2 Policy 101.6.2 U 3 In order to encourage a compact form of residential growth that results in infill development in 4 platted, improved subdivisions, the Point System shall be primarily based on the Tier system of 2 5 land classification as set forth under Goal 105. To discourage and limit further growth in Tier I 6 designated areas, the annual maximum number of residential permit allocations that may be W 7 awarded in Tier I shall be no more than three (3) each in the Upper and Lower ROGO subareas. 8 Other criteria and corresponding points are allocated to encourage development to the most 9 appropriate locations and discourage development from inappropriate locations. 10 11 In the Big Pine Key/No Name Key subarea the annual maximum number of residential permit 12 allocations that may be awarded in Tier I shall be no more than one (1) every 2 years. This 13 provision is subject to the issuing of an updated USFWS Incidental Take Permit (ITP) and 14 amended Habitat Conservation Plan (HCP)/Livable CommuniKeys Plan (LCP) to cover the 0 15 properties within CBRS system units in the subarea; as well as an amended FEMA Biological 16 Opinion by USFWS to cover properties outside the CBRS system units in the subarea. Until the 17 ITP, HCP, Biological Opinion, and LCP are amended, a property owner attempting to develop his 18 property may be granted an allocation through the ROGO process that may be used once that 17 00 19 property owner obtains all required permits and authorizations required under the Endangered Ir- 20 Species Act and other applicable federal and state laws. The allocation will remain valid so long N 21 as the applicant diligently and in good faith continues to work with USFWS to conclude the a 22 coordination and pick up a building permit. E 23 BOCC SR 06.19.19 Page 8 of 16 File No. 2018-107 Packet Pg. 1479 P.3.a I Policy 101.6.3 2 In order to encourage a compact form of nonresidential growth,the Point System shall be primarily 2 3 based on the Tier system of land classification as set forth under Goal 105. To discourage and limit 4 further growth in Tier I designated areas, the Permit Allocation System shall limit and direct new 0 5 nonresidential development primarily to areas designated as Tier III under Goal 105, not areas 6 designated as a Special Protection Area (Tier III-A) and provide incentives for redevelopment of 7 existing developed and vacant infill sites. Other criteria and corresponding points are available to 8 encourage development to the most appropriate locations and discourage development from A 9 inappropriate locations. (See Policy 101.4.1.) a- 10 11 Policy 101.6.8 12 Monroe County shall maintain a Transfer of ROGO Exemption (TRE) program, that allows for 13 the transfer off-site of dwelling units, hotel rooms, campground/recreational vehicle spaces 14 and/or mobile homes to another site in the same ROGO subarea, provided that they are 15 lawfully existing and can be accounted for in the County's hurricane evacuation model. 16 Dwelling units may be transferred as follows: 0 17 a. between sites in the Upper Keys ROGO subarea; 18 b. between sites in the Lower Keys ROGO subarea; 19 c. between sites in the Big Pine Key and No Name Key ROGO subarea; 20 i. units from the Big Pine Key and No Name Key ROGO subarea may also be E 21 transferred to the Lower Keys ROGO subarea. 22 23 No sender units may be transferred to an area where there are inadequate facilities and 24 services. c 25 26 Sender Site Criteria: 27 1. Contains a documented lawfully-established sender unit recognized by the County; and 28 2. Located in a Tier I, II, III-A, or III designated area; including any tier within the County's 29 Military Installation Area of Impact (MIAI) Overlay. 30 31 Receiver Site Criteria: i 32 1. The Future Land Use category and Land Use (Zoning) District must allow the requested 33 use; 34 2. Must meet the adopted density standards; 0. 35 3. Includes all infrastructure (potable water, adequate wastewater treatment and disposal 36 wastewater meeting adopted LOS, paved roads, etc.); 37 4. Located within a Tier III designated area; and 38 5. Structures are not located in a velocity (V) zone or within a CBRS unit. 39 00 40 Policy 101.13.2 41 The Maximum Net Density is the maximum density allowable with the use of TDRs, and shall not N 42 exceed the maximum densities established in this Plan. TDRs may be utilized to attain the density 43 between the allocated density standard up to the maximum net density standard. Deed restricted E 44 affordable dwelling units may be developed up to the maximum net density without the use of BOCC SR 06.19.19 Page 9 of 16 File No. 2018-107 Packet Pg. 1480 P.3.a I TDRs. The assignment of TDRs to Big Pine Key, No Name Key, and North Key Largo from other 2 areas of the County shall be prohibited. 3 4 Policy 105.1.5 0 5 Monroe County shall maintain a residential permit allocation system that directs the 6 preponderance of future residential development to areas designated as Tier III in accordance E, 7 with Policy 105.6.4. A 8 Objective 105.2 X 4- 9 Monroe County shall maintain, with assistance of the state and federal governments, a 20-year 10 Land Acquisition Program to: 1) secure funding for environmentally sensitive lands; 2) retire E 11 development rights on privately-owned vacant lands to limit further sprawl and equitably balance 12 the rights of property owners with the long-term sustainability of the Keys man-made and natural 13 systems; and, 3) secure and retain lands suitable for affordable housing. This objective recognizes 14 the finite limits of the carrying capacity of the natural and man-made systems in the Florida Keys 15 to continually accommodate further development and the need for the significant expansion of the 0 16 public acquisition of vacant developable lands and development rights to equitably balance the 17 rights and expectations of property owners. This includes the recognition that Monroe County must 0 18 ensure public safety through the ability to maintain a 24-hour hurricane evacuation clearance time. 19 20 Policy 105.2.1 21 Monroe County shall designate all lands outside of mainland Monroe County, except for the 22 Ocean Reef planned development, into three general categories for purposes of its Land 23 Acquisition Program and smart growth initiatives in accordance with the criteria in Policy 24 205.1.1. These three categories are: Natural Area(Tier 1);Transition and Sprawl Reduction Area 0 25 (Tier II) on Big Pine Key and No Name Key only; and Infill Area (Tier III). The purposes, 26 general characteristics, and growth management approaches associated with each tier are as 27 follows: 2 a� 28 1. Natural Area(Tier I): Any defined geographic area where all or a significant portion of 29 the land area is characterized as environmentally sensitive by the policies of this Plan 30 and applicable habitat conservation plan, is to be designated as a Natural Area. New 31 development on vacant land is to be severely restricted and privately owned vacant lands 32 are to be acquired or development rights retired for resource conservation and passive �i 33 recreation purposes. However, this does not preclude provisions of infrastructure for 34 existing development. Within the Natural Area designation are typically found lands 35 within the acquisition boundaries of federal and state resource conservation and park 36 areas, including isolated platted subdivisions; and privately-owned vacant lands with 37 sensitive environmental features outside these acquisition areas. 38 39 2. Transition and Sprawl Reduction Area (Tier II): Any defined geographic area on Big VJ CD 40 Pine Key and No Name Key, where scattered groups and fragments of environmentally 17 00 41 sensitive lands, as defined by this Plan, may be found and where existing platted Ir- 42 subdivisions are not predominately developed, not served by complete infrastructure N 43 facilities, or not within close proximity to established commercial areas, is to be 44 designated as a Transition and Sprawl Reduction Area. New development is to be E 45 discouraged and privately owned vacant lands acquired or development rights retired to BOCC SR 06.19.19 Page 10 of 16 File No. 2018-107 Packet Pg. 1481 P.3.a I reduce sprawl, ensure that the Keys carrying capacity is not exceeded, and prevent 2 further encroachment on sensitive natural resources. Within a Transition and Sprawl 2 3 Reduction Area are typically found: scattered small nonresidential development and 4 platted subdivisions with less than 50 percent of the lots developed; incomplete 0 5 infrastructure in terms of paved roads, potable water, or electricity; and scattered 6 clusters of environmentally sensitive lands, some of which are within or in close E 7 proximity to existing platted subdivisions. A 8 0 9 3. Infill Area (Tier III): Any defined geographic area, where a significant portion of land 0 10 area is not characterized as environmentally sensitive as defined by this Plan, except for 11 dispersed and isolated fragments of environmentally sensitive lands of less than four E 12 acres in area, where existing platted subdivisions are substantially developed, served by 13 complete infrastructure facilities, and within close proximity to established commercial 14 areas, or where a concentration of nonresidential uses exists, is to be designated as an 15 Infill Area. New development and redevelopment are to be highly encouraged, except Z 16 within tropical hardwood hammock or pineland patches of an acre or more in area, 17 where development is to be discouraged. Within an Infill Area are typically found: 0 18 platted subdivisions with 50 percent or more developed lots situated in areas with few 19 sensitive environmental features; full range of available public infrastructure in terms 20 of paved roads, potable water, and electricity; and concentrations of commercial and 21 other nonresidential uses within close proximity. In some Infill Areas, a mix of 22 nonresidential and high-density residential uses (generally 8 units or more per acre) may 23 also be found that form a Community Center. 24 E 0 25 Policy 205.1.1 U 26 The County shall establish the following criteria, at a minimum, to use when designating Tiers: 27 [F.S. § 163.3177(6)d.2.d., h.] r_ 28 1. Land located outside of Big Pine Key and No Name Key shall be designated as Tier I based 29 on following criteria: 30 • Natural areas including old and new growth upland native vegetated areas, above 4 acres Oi 31 in area. 32 • Vacant land which can be restored to connect upland native habitat patches and reduce �i 33 further fragmentation of upland native habitat. 34 • Lands required to provide an undeveloped buffer, up to 500 feet in depth, if indicated by CCO 35 appropriate special species studies, between natural areas and development to reduce � 36 secondary impacts; canals or roadways, depending on size may form a boundary that 37 removes the need for the buffer or reduces its depth. 38 • Lands designated for acquisition by public agencies for conservation and natural resource 39 protection. 40 • Known locations of threatened and endangered species. 00 41 • Lands designated as Conservation and Residential Conservation on the Future Land Use CD 42 Map or within a buffer/restoration area as appropriate. N 43 • Areas with minimal existing development and infrastructure. E BOCC SR 06.19.19 Page 11 of 16 File No. 2018-107 Packet Pg. 1482 P.3.a 1 2. Lands on Big Pine Key and No Name Key designated as Tier I, II, or III shall be in 2 accordance with the wildlife habitat quality criteria as defined in the Habitat Conservation 2 3 Plan for those islands. 4 3. Lands located outside of Big Pine Key and No Name Key that are not designated Tier I 5 shall be designated Tier III. 6 4. Designated Tier III lands located outside of Big Pine Key and No Name Key with tropical E, 7 hardwood hammock or pinelands of one acre or greater in area shall be designated as 8 Special Protection Areas. X 9 5. Lands within the Ocean Reef planned development shall be excluded from any Tier 10 designation. 11 E 12 GOAL 601: Monroe County shall adopt programs and policies to facilitate access by residents to 0 13 adequate and affordable housing that is safe, decent, and structurally sound, and that meets the 14 needs of the population based on type, tenure characteristics, unit size and individual preferences. 15 16 Policy 601.1.4: All affordable housing projects which receive development benefits from Monroe 17 County, including but not limited to ROGO allocation award(s) reserved for affordable housing, 18 maximum net density, or donations of land, shall be required to maintain the project as affordable 19 for a period of 99 years pursuant to deed restrictions or other mechanisms specified in the Land 20 Development Code, and administered by Monroe County or the Monroe County Housing 21 Authority. 22 23 Policy 601.1.8: Monroe County shall allocate at least 20% of the annual ROGO allocation, or as 24 may be established by the State of Florida, pursuant to Administration Commission Rules, to E 25 affordable housing units, as specified in Policy 101.3.3. Affordable housing eligible for this 26 separate allocation must meet the criteria established in the Land Development Code. 27 28 Policy 601.1.9: Monroe County shall maintain land development regulations which may include .2 29 density bonuses, impact fee waiver programs, and other possible regulations to encourage 30 affordable housing 31 32 Objective 601.2: Monroe County shall adopt programs and policies to encourage housing of 17 33 various types, sizes and price ranges to meet the demands of current and future residents 34 35 Objective 601.3: Monroe County shall continue implementation efforts to eliminate substandard 36 housing and to preserve, conserve and enhance the existing housing stock, including historic 37 structures and sites. 38 39 Policy 601.3.1: � 40 Monroe County shall coordinate with other County agencies to monitor housing conditions. (i 41 Standards for evaluation of the structural condition of the housing stock are summarized below: 42 Sound: Most housing units in this category are in good condition and have no visible defects. 00 43 However, some structures with slight defects are also included. 44 BOCC SR 06.19.19 Page 12 of 16 File No. 2018-107 Packet Pg. 1483 P.3.a 1 Deteriorating: A housing unit in this category needs more repair than would be provided in the 2 course of regular maintenance, such as repainting. A housing unit is classified as deteriorating 3 when its deficiencies indicate a lack of proper upkeep. 4 5 Dilapidated(Substandard): A housing unit in this category indicates that the unit can no longer 6 provide safe and adequate shelter or is of inadequate original construction including being E 7 constructed below the minimum required elevation by FEMA or the County's Floodplain 8 Regulations. X 9 4 0- 10 Policy 601.3.2: The County Code Compliance Office and Building Department will enforce 11 building code regulations and County ordinances governing the structural condition of the housing 0 E 12 stock, to ensure the provision of safe, decent and sanitary housing and stabilization of residential 13 neighborhoods. 14 15 B. The amendment is consistent with the Principles for Guiding Development for the Florida 16 Keys Area, Section 380.0552(7), Florida Statutes. 0 17 a. 18 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan 19 with the principles for guiding development and any amendments to the principles, the principles 20 shall be construed as a whole and no specific provision shall be construed or applied in isolation 21 from the other provisions. E 22 (a) Strengthening local government capabilities for managing land use and development so that local r_ 23 government is able to achieve these objectives without continuing the area of critical state concern a 24 designation. CL 25 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass beds, 0 26 wetlands, fish and wildlife, and their habitat. U 27 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical 28 vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife, and 29 their habitat. 30 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic 0 31 development. 32 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys. 33 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, and 34 ensuring that development is compatible with the unique historic character of the Florida Keys. 35 (g) Protecting the historical heritage of the Florida Keys. 36 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed major 0 37 public investments, including: i 38 1. The Florida Keys Aqueduct and water supply facilities; 0 39 2. Sewage collection, treatment, and disposal facilities; 40 3. Solid waste treatment, collection, and disposal facilities; 41 4. Key West Naval Air Station and other military facilities; 42 5. Transportation facilities; 43 6. Federal parks, wildlife refuges, and marine sanctuaries; 44 7. State parks,recreation facilities, aquatic preserves, and other publicly owned properties; 00 45 8. City electric service and the Florida Keys Electric Co-op; and 46 9. Other utilities, as appropriate. "� 47 (i) Protecting and improving water quality by providing for the construction, operation,maintenance, and 48 replacement of stormwater management facilities; central sewage collection; treatment and disposal �E ca BOCC SR 06.19.19 Page 13 of 16 File No. 2018-107 Packet Pg. 1484 P.3.a I facilities; and the installation and proper operation and maintenance of onsite sewage treatment and 2 disposal systems. 3 (j) Ensuring the improvement of nearshore water quality by requiring the construction and operation of 4 wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and 403.086(10), as 5 applicable, and by directing growth to areas served by central wastewater treatment facilities through 6 permit allocation systems. E 7 (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida Keys. 8 (1) Making available adequate affordable housing for all sectors of the population of the Florida Keys. 9 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of a natural X 10 or manmade disaster and for a postdisaster reconstruction plan. - 11 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining the 12 Florida Keys as a unique Florida resource. E 13 14 Pursuant to Section 380.0552(7)Florida Statutes,the proposed amendment is not inconsistent with 15 the Principles for Guiding Development as a whole. 16 17 C. The proposed amendment is consistent with the Part II of Chapter 163,Florida Statute(F.S.). 0 18 Specifically, the amendment furthers: a. 19 20 163.3161(4), F.S. — It is the intent of this act that local governments have the ability to preserve 21 and enhance present advantages; encourage the most appropriate use of land, water, and 22 resources,consistent with the public interest; overcome present handicaps; and deal effectively E 23 with future problems that may result from the use and development of land within their r- 24 jurisdictions. Through the process of comprehensive planning, it is intended that units of local 25 government can preserve, promote, protect, and improve the public health, safety, comfort, E 26 good order, appearance, convenience, law enforcement and fire prevention, and general 0 27 welfare; facilitate the adequate and efficient provision of transportation, water, sewerage, 28 schools, parks, recreational facilities, housing, and other requirements and services; and 29 conserve, develop, utilize, and protect natural resources within their jurisdictions. .2 30 31 163.3161(6), F.S. —It is the intent of this act that adopted comprehensive plans shall have the legal 32 status set out in this act and that no public or private development shall be permitted except in 33 conformity with comprehensive plans, or elements or portions thereof, prepared and adopted 34 in conformity with this act. 35 �s 36 163.3177(1), F.S. — The comprehensive plan shall provide the principles, guidelines, standards, 0 37 and strategies for the orderly and balanced future economic, social, physical, environmental, CO 38 and fiscal development of the area that reflects community commitments to implement the plan 0 39 and its elements. These principles and strategies shall guide future decisions in a consistent 40 manner and shall contain programs and activities to ensure comprehensive plans are 41 implemented. The sections of the comprehensive plan containing the principles and strategies, 42 generally provided as goals, objectives, and policies, shall describe how the local government's 43 programs, activities, and land development regulations will be initiated,modified, or continued 00 44 to implement the comprehensive plan in a consistent manner. It is not the intent of this part to 45 require the inclusion of implementing regulations in the comprehensive plan but rather to 46 require identification of those programs, activities, and land development regulations that will 47 be part of the strategy for implementing the comprehensive plan and the principles that c� BOCC SR 06.19.19 Page 14 of 16 File No. 2018-107 Packet Pg. 1485 P.3.a 1 describe how the programs, activities, and land development regulations will be carried out. 2 The plan shall establish meaningful and predictable standards for the use and development of 2 3 land and provide meaningful guidelines for the content of more detailed land development and 4 use regulations. 5 6 163.3177 (6)(f) , F.S. — 7 8 1. A housing element consisting of principles, guidelines, standards, and strategies to be X 9 followed in: 4- 10 a. The provision of housing for all current and anticipated future residents of the 11 jurisdiction. 0 E 12 b. The elimination of substandard dwelling conditions. 13 c. The structural and aesthetic improvement of existing housing. 14 d. The provision of adequate sites for future housing, including affordable workforce 15 housing as defined in is. 380.0651(3)(h), housing for low-income, very low-income, and 16 moderate-income families, mobile homes, and group home facilities and foster care 0 17 facilities, with supporting infrastructure and public facilities. The element may include a. 18 provisions that specifically address affordable housing for persons 60 years of age or 19 older. Real property that is conveyed to a local government for affordable housing under 20 this sub-subparagraph shall be disposed of by the local government pursuant to s. a 21 125.379 or s. 166.0451. E 22 e. Provision for relocation housing and identification of historically significant and C 23 other housing for purposes of conservation, rehabilitation, or replacement. 24 f The formulation of housing implementation programs. 25 g. The creation or preservation of affordable housing to minimize the need for 0 26 additional local services and avoid the concentration of affordable housing units only in 27 specific areas of the jurisdiction. C 28 2. The principles, guidelines, standards, and strategies of the housing element must be .2 29 based on data and analysis prepared on housing needs, which shall include the number and 30 distribution of dwelling units by type, tenure, age,rent, value, monthly cost of owner- 31 occupied units, and rent or cost to income ratio, and shall show the number of dwelling units 32 that are substandard. The data and analysis shall also include the methodology used to 33 estimate the condition of housing, a projection of the anticipated number of households by 34 size, income range, and age of residents derived from the population projections, and the 35 minimum housing need of the current and anticipated future residents of the jurisdiction. 0 36 3. The housing element must express principles, guidelines, standards, and strategies that CO COi 37 reflect, as needed, the creation and preservation of affordable housing for all current and 0 38 anticipated future residents of the jurisdiction, elimination of substandard housing conditions, 39 adequate sites, and distribution of housing for a range of incomes and types, including mobile 40 and manufactured homes. The element must provide for specific programs and actions to 41 partner with private and nonprofit sectors to address housing needs in the jurisdiction, 42 streamline the permitting process, and minimize costs and delays for affordable housing, 00 43 establish standards to address the quality of housing, stabilization of neighborhoods, and 44 identification and improvement of historically significant housing. 45 4. State and federal housing plans prepared on behalf of the local government must be a 46 consistent with the goals, objectives, and policies of the housing element. Local governments E c� BOCC SR 06.19.19 Page 15 of 16 File No. 2018-107 Packet Pg. 1486 P.3.a 1 are encouraged to use job training, job creation, and economic solutions to address a portion 2 of their affordable housing concerns. 2 3 4 5 163.3201, F.S. — Relationship of comprehensive plan to exercise of land development regulatory 6 authority. It is the intent of this act that adopted comprehensive plans or elements thereof 7 shall be implemented,in part,by the adoption and enforcement of appropriate local regulations 8 on the development of lands and waters within an area. It is the intent of this act that the 9 adoption and enforcement by a governing body of regulations for the development of land or 10 the adoption and enforcement by a governing body of a land development code for an area 11 shall be based on, be related to, and be a means of implementation for an adopted 0 E 12 comprehensive plan as required by this act. 13 CL 14 15 V. PROCESS 16 0 17 Comprehensive Plan Amendments may be proposed by the Board of County Commissioners, the 18 Planning Commission, the Director of Planning, or the owner or other person having a contractual 19 interest in property to be affected by a proposed amendment. The Director of Planning shall review 20 and process applications as they are received and pass them onto the Development Review Committee E 21 and the Planning Commission. 22 23 The Planning Commission shall hold at least one public hearing. The Planning Commission shall 24 review the application, the reports and recommendations of the Department of Planning & E 25 Environmental Resources and the Development Review Committee and the testimony given at the 26 public hearing. The Planning Commission shall submit its recommendations and findings to the Board 27 of County Commissioners (BOCC). The BOCC holds a public hearing to consider the transmittal of 28 the proposed comprehensive plan amendment, and considers the staff report, staff recommendation, U, 29 and the testimony given at the public hearing. The BOCC may or may not recommend transmittal to 30 the State Land Planning Agency. The amendment is transmitted to State Land Planning Agency,which 31 then reviews the proposal and issues an Objections, Recommendations and Comments (ORC) Report. 17 32 Upon receipt of the ORC report, the County has 180 days to adopt the amendments, adopt the 17 33 amendments with changes or not adopt the amendment. 34 35 36 VI. STAFF RECOMMENDATION 37 38 Staff recommends approval of the proposed amendment. 39 40 VII. EXHIBITS 41 42 1. PC Resolution P29-18 00 43 2. DEO ORC Report 05.06.19 44 3. Ordinance as BOCC SR 06.19.19 Page 16 of 16 File No. 2018-107 Packet Pg. 1487 P.3.b 2 aN" rt ' i 4 6 egm 7 8 MONROE COUNTY, FLORIDA A 3 PLANNING ING COMMISSION ISSI ESOLUTI NO. P2 -,1S 10 11 A RESOLUTION BY THE E COUNTY PLANNING 12 COMMISSION RECOMMENDING APPROVAL OF AN ORDINANCE BY � 3 THE MONROE COUNTY NT A OF COUNTY COMMISSIONERS 14 AMENDING THE MONROE COUNTY Y YEAR COMPREHENSIVE 15 PLAN AMENDING INN POLICY 1.01.3.3 TO ALLOW FOR THE AWARD F 16 ROGO ALLOCATIONS TO TIER I AND III-A FOR THE 1.7 REDEVELOPMENT OF LAWFULLY EXISTING RO,GO EXEMPT 18 MARKET RATE DWELLING UNITS WITH A REPLACEMENT E 19 AFFORDABLE DWELLING UNIT ROGO ALLOCATION; PROVIDING � 20 FOR SEEVE IIILIT', PROVIDING FOR REPEAL I.. OF CONFLICTING � 21 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND 22 PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING 23 FOR INCLUSION IN THE MONROE COUNTY COMPREHENSIVE 24 PLAN; PROVIDING FOR AN EFFECTIVE . ATE. (FILE#2 1S-107) 25 26 27 28 2 30 WHEREAS, on April 1.9, 2018, at; the regularly scheduled Board of County 31 Commissioners meeting, the BOCC gave direction to staff to process proposed text amendments 32 to the Comprehensive Plan and Land Development Code to incentivize the development of 33 affordable housing by allowing the issuance of affordable housing ROGO allocations to Tier I and 00 34 Tien III-A designated parcels in order to replace market rate dwelling units with deed-restricted 35 affordable housing dwelling units; and IL 36 37 WHEREAS,the Monroe County Development Review Committee (DRC) considered the 38 proposed amendments at a regularly scheduled meeting held on the 241`h day of July, 211�18; and U) 39 40 WHEREAS, staff is recommending approval of the proposed amendments to 41 Comprehensive Plan Policy 101..3.3 to allow for the award of allocations to Tier I and Tier 111- 42 for the redevelopment of lawfully existing ROGO exempt market rate dwelling units with a 3 replacement affordable dwelling unit ROGO allocation when certain criteria is met; and 44 E Resolution P24-1 8 Page: 1 of 3 Pilo:#20I8-107 Packet Pg. 1488 I WHEREAS, the Monroe County Planning Commission held a public hearing on the 26"' 2 day of September, 2018, for review and recommendation on the proposed Comprehensive Plan 0 3 text amendment, and 4 5 WHEREAS, the Planning Commission was presented with the following documents and 0 6 other information relevant to the request, which by reference is hereby incorporated as part of the tt: 7 record of said hearing: 8 9 1. Staff report prepared by Cheryl Cioffari, AICP, Comprehensive Planning Manager, 10 September 12, 2018; 11 2. Sworn testimony of Monroe County Planning & Environmental Resources 12 Department staff; and E 13 3. Advice and counsel of Steve Williams, Assistant County Attorney, and John Wolfe, 14 Planning Commission Counsel. A 15 X 0 4- 16 WHEREAS, based upon the information and documentation submitted, the Planning 0 17 Commission makes the following Findings of Fact and Conclusions of Law: is E 19 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the 20 Monroe County Year 2030 Comprehensive Plan; and 21 2. The proposed amendment is consistent with the Principles for Guiding Development z 22 for the Florida Keys Area of Critical State Concern, Sec. 380,0552(7), F.S.; and 0 a. 23 3. The proposed amendment is consistent with Part .11 of Chapter 163, Florida Statute, 0 24 25 NOW THEREFORE,BE IT RESOLVED BY THE PLANNING COMMISSION OF 26 MONROE COUNTY, FLORIDA, the Monroe County Planning Commission recommends E 27 approval by the Board of County Commissioners of an amendment to the Monroe County Year 28 2030 Comprehensive Plan. 29 E 30 PASSED AND ADOPTED BY THE PLANNING COMMISSION of Monroe County, 0 31 Florida, at a regular meeting held on the 26"' day of September, 2018. U 32 33 William Wiatt, Commissioner —Yes C14 34 Kristen Livengood, Commissioner —Yes 35 Ro,7ill -, Commissioner �a Yes 0 36 U) q MOIN 37 PLANNI X SSIO F M 0 NR 0 NTY, FLORIDA N C (L 38, By 10 39 William Wiatt, Chair X W 40 41 Signed this 0?`V day of E 42 43 44 Resolution,#P24-18 Pave 2 of 3 File#2018-107 Packet Pg. 1489 I Monroe Count Attorney 2 0 3 4 5 Date: tt: A x 0 4- 0 E CL z 0 IL 0 E IL CL E 0 U co C14 IL 0 U) IL x w E Resolution#P24-1 8 Page 3 of 3 File#2018-107 Packet Pg. 1490 P.3.c Ron DeSantis Ken Lawson FLORIDA DEPARTMENrof �a ECONOMIC May 6, 2019 A X The Honorable Sylvia Murphy - Mayor, Monroe County 102050 Overseas Hwy,Suite 234 Key Largo, Florida 33037 CL Dear Mayor Murphy: The Department of Economic Opportunity("Department") has completed its review of the proposed comprehensive plan amendment for Monroe County(Amendment No. 19-02ACSC),which IL was received and determined complete on March 25,2019. We have reviewed the proposed amendment in accordance with the state coordinated review process set forth in Sections 163.3184(2) and (4), Florida Statutes(F.S.),for compliance with Chapter 163, Part II, F.S.The Department does not identify any objections or comments to the proposed amendment and this letter serves as the E Objections, Recommendations and Comments Report. Review comments received by the Department from the appropriate reviewing agencies,if any,are enclosed. L 0. The County should act by choosing to adopt, adopt with changes,or not adopt the proposed amendment. For your assistance,we have enclosed the procedures for final adoption and transmittal of U the comprehensive plan amendment.The second public hearing,which shall be a hearing on whether U to adopt one or more comprehensive plan amendments, must be held within 180 days of your receipt U of the Department's attached report,or the amendment will be deemed withdrawn unless extended by agreement with notice to the Department and any affected party that provided comment on the amendment pursuant to Section 163.3184(4)(e)1., F.S. If you have any questions related to this review, please contact Daniel Hubbard, Planning Analyst, by telephone at(850)717-8488 or by email at daniel.hubbard@deo.myflorida.com. U Si rely, 1a es D.Stansbury,Chief CL B reau of Community Planning and Growth JDSIdh U Enclosure: Procedures for Adoption Agency Comments cv cc:Christine Hurley, County Administrator, Monroe County Isabel Cosio Carballo, Executive Director,South Florida Regional Planning Council Florida Department of Economic Opportunity I Caldwell Building 1107 E Madison Street I Tallahassee, FL 32399 � 850.245,7°1051 wrt!�r�r_F"lork,faJobs. r'I. www.twitter.com/FLDEO lwww.facebook.comIFLDEO � An equal opportunity employer/program.Auxiliary aids and service are available upon request to individuals with disabilities.All voice telephone numbers on this document may be reached by persons using TTYITTD equipment via the Florida Relay Service at 711. Packet Pg. 1491 P.3.c SUBMITTAL OF ADOPTED COMPREHENSIVE PLAN AMENDMENTS FOR STATE COORDINATED REVIEW Section 163.3184(4), Florida Statutes A NUMBER OF COPIES TO BE SUBMITTED:Please submit three complete copies of all comprehensive plan 0 4- materials, of which one complete paper copy and two complete electronic copies on CD ROM in Portable Document Format(PDF)to the Department of Economic Opportunity and one copy to each entity below that provided timely comments to the local government:the appropriate Regional Planning 0 Council;Water Management District; Department of Transportation; Department of Environmental CL C Protection; Department of State;the appropriate county(municipal amendments only);the Florida Fish and Wildlife Conservation Commission and the Department of Agriculture and Consumer Services (county plan amendments only); and the Department of Education (amendments relating to publicIL schools);and for certain local governments,the appropriate military installation and any other local government or governmental agency that has filed a written request. SUBMITTAL LETTER: Please include the following information in the cover letter transmitting the adopted amendment: IL 0. Department of Economic Opportunity identification number for adopted amendment package; o cs Summary description of the adoption package,including any amendments proposed but not adopted; cs cv Ordinance number and adoption date; Certification that the adopted amendment(s) has been submitted to all parties that provided timely comments to the local government; U Name,title, address,telephone, FAX number and e-mail address of local government contact; Letter signed by the chief elected official or the person designated by the local government. ADOPTION AMENDMENT PACKAGE: Please include the following information in the amendment o package: In the case of text amendments, changes should be shown in strike-through/underline format; In the case of future land use map amendment, an adopted future land use map,in color format,clearly depicting the parcel, its existing future land use designation,and its adopted designation; A copy of any data and analyses the local government deems appropriate. Effective:June 2,2011(Updated June 2018) Page 1 of 2 Packet Pg. 1492 P.3.c Note: If the local government is relying on previously submitted data and analysis, no additional data and analysis is required; Copy of executed ordinance adopting the comprehensive plan amendment(s); Suggested effective date language for the adoption ordinance for state coordinated review: Aa X 0 4- "The effective date of this plan amendment, if the amendment is not timely challenged,shall be o the date the state land planning agency posts a notice of intent determining that this amendment is in compliance. If the amendment is timely challenged,or if the state land E planning agency issues a notice of intent determining that this amendment is not in compliance, CL this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance." List of additional changes made in the adopted amendment that the Department of Economic Opportunity did not previously review; List of findings of the local governing body,if any,that were not included in the ordinance and E which provided the basis of the adoption or determination not to adopt the proposed amendment; Statement indicating the relationship of the additional changes not previously reviewed by the 0. Department of Economic Opportunity to the ORC report from the Department of Economic Opportunity. o N U 0 N Effective:June 2,2011(Updated June 2018) Page 2 o 2 Packet Pg. 1493 From: PJAU-MACYN To: Cc: Subject: Monroe County 19-2ACSC Proposed Date: Tuesday,April 23,2019 4:35:47 PM E Attachments: k=M?XJ1Q .0 To: Ray Eubanks, DEO Plan Review Administrator x 0 4- 0 Re: Monroe County 19-2ACSC—State Coordinated Review of Proposed Comprehensive Plan Amendment E The Office of Intergovernmental Programs of the Florida Department of Environmental Protection(Department)has reviewed the above-referenced amendment package under the provisions of Chapter 163, Florida Statutes. The Department conducted a detailed review that z focused on potential adverse impacts to important state resources and facilities, specifically: 0 air and water pollution; wetlands and other surface waters of the state; federal and state-owned lands and interest in lands, including state parks, greenways and trails, conservation 0 easements; solid waste; and water and wastewater treatment. Based on our review of the submitted amendment package,the Department has found no E provision that, if adopted,would result in adverse impacts to important state resources subject to the Department's jurisdiction. a. 0. Please submit all future amendments by email to If your E 0 submittal is too large to send via email or if you need other assistance, contact Lindsay Weaver at(850) 717-9037. cv D 0 U W 0 W z 0 0 cv 0 W W E Packet Pg. 1494 P.3.c FDOT 17', He. Department qffranspartadbn .ONDESAN I 1000 NW I I 1,1h Avenue T r" ruutAUL . . 0 4- 0 April 15, 2019 Ray Eubanks, Plan Processing Administrator Department of Economic Opportunity Community Planning and Development 107 East Madison Street Caldwell Building, MSC 160 Tallahassee, Florida 32399 Subject: Comments for the Proposed Comprehensive Plan Amendment, Monroe County#19-2ACSC Dear Mr. Eubanks: L 0. The Florida Department of Transportation, District Six, completed a review of the Proposed Comprehensive Plan Amendment, Monroe County 19-2ACSC. The District has reviewed the amendment package per Chapter 163 Florida Statutes and has found no adverse impacts to transportation resources and facilities of State importance. Please contact me at 305-470-5393 if you have any questions concerning our response. Sincerely, W Shereen Yeeong ...,..........�� Transportation Planner IV �s Cc: Harold Desdunes, P.E., Florida Department of Transportation, District 6 Dat Huynh P.E., Florida Department of Transportation, District 6 Kenneth Jeffries, Florida Department of Transportation, District 6 Emily Schemper, Monroe County Isabel Cosio Carballo, South Florida Regional Planning Council Isabel Moreno, South Florida Regional Planning Council Packet Pg. 1495 From: IlWbLlam To: ah==L=WaM==1ky Cc: Rdiuiflgm�5U= Subject: Monroe County 19-2ACSC(Resolutions 413-2018 and 414-2018) cu Date: Friday,April 05,2019 9:51:41 AM E Dear Ms. Schemper: A x 0 4- Florida Fish and Wildlife Conservation Commission(FWC) staff has reviewed the proposed 0 comprehensive plan amendment in accordance with Chapter 163.3184(3), Florida Statutes. We have no comments,recommendations, or objections related to listed species and their E habitat or other fish and wildlife resources to offer on this amendment. If you need any further assistance,please do not hesitate to contact our office by email at If you have specific technical questions, z please contact Christine Raininger at(561) 882-5811 or by email at 0 Cldain,Q.Mu IL 0 Sincerely, Jason Hight E Biological Administrator 11 Office of Conservation Planning Services a. Division of Habitat and Species Conservation 0. E 620 S. Meridian Street,MS 5135 0 Tallahassee, FL 32399-1600 (850)228-2055 Monroe County 19-2ACSC 38575 C14 z M 0 U W 0 W z 0 0 0 0 W C14 W E Packet Pg. 1496 P.3.c MEMORANDUM AGENDA ITEM#IV.0 0 4- 0 DATE: APRIL 15, 2019 TO: COUNCIL MEMBERS CL FROM: STAFF SUBJECT: LOCAL GOVERNMENT COMPREHENSIVE PLAN PROPOSED AND ADOPTED AMENDMENT CONSENT AGENDA IL Pursuant to the 1974 Interlocal Agreement creating the South Florida Regional Planning Council(Council), the Council is directed by its member counties to"assure the orderly,economic,and balanced growth and development of the Region, consistent with the protection of natural resources and environment of the Region and to protect the health,safety,welfare and quality of life of the residents of the Region." IL CL In fulfillment of the Interlocal Agreement directive and its duties under State law, the Council reviews 0 local government Comprehensive Plan amendments for consistency with the Strategic Regional Policy Plan for South Florida(SRPP). Pursuant to Section 163.3184,Florida Statues as presently in effect,Council review of comprehensive plan amendments is limited to 1) adverse effects on regional resources and facilities identified in the SRPP and 2) extra-jurisdictional impacts that would be inconsistent with the comprehensive plan of any affected local government within the Region. The Council's review of amendments is conducted in two stages: (1) proposed or transmittal and (2) adoption. Council staff reviews the contents of the amendment package once the Department of Economic Opportunity certifies its completeness. U A written report of Council's evaluation pursuant to Section 163.3184, Florida Statutes, is to be provided to the local government and the State Land Planning Agency within 30 calendar days of receipt of the amendment. Recommendation 0 CL Find the proposed and adopted plan amendments from the local governments listed in the tables below generally consistent with the Strategic Regional Policy Plan forSouth Florida. Approve this report for transmittal to the local governments with a copy to the State Land Planning Agency. cv South Florida Regional Planning Council s Oakwood Boulevard,Suite 25o,Hollywood,Florida 33020 954-924-3653 Phone,954-924-3654 FAX �rwar�ai ,� , , IIa,l.l:i.::.d.:. :.9. Packet Pg. 1497 P.3.c PROPOSED AMENDMENTS Local Council Local Government Governing Government Proposed Adopted Review Date Transmittal or Body and Plan Adoption Public Adoption X Amendment Hearing and Meeting Vote 0 Number Broward County E 19-1ESR V N/A 04-15-19 02-26-19 9-0 (received CL C 03-01-19) 1.The proposed amendments to Broward County's Comprehensive Plan are to the Broward County Land Use Plan map (PC 19-2) and the Broward County Land Use Plan text (PCT 19-5). These amendments seek to re-designate 140.7 acres of land currently designated for Recreation & OpenIL Space(132.7 acres), Low-Medium Residential(6.0 acres),and Low Residential (2.0 acres)to Irregular (2.88)Residential.The estimated net effect of this re-designation is the addition of 335 dwelling units to the currently permitted 70 dwelling units per the Broward County Land Use Plan. With the new designation, it's estimated that up to 405 dwelling units would be permitted, resulting in the reduction of 132.7 acres of Recreation&Open Space. 2.The proposed amendments impact a total of 140.7 acres.The site is located in Section 17,Township IL 49 South, Range 42 East; generally located on the west side of Northwest 21st Avenue, between CL Commercial Boulevard and Northwest 44th Street. o 3. This amendment does not create any adverse impact to state or regional resources/facilities; however, Council review notes that the regional trend of golf course repurposing is significant. The issues of loss of aquifer recharge and of open space that serves as wildlife habitat and provides positive community aesthetics may have cumulative impact regionally. More locally, Council `d recommends stormwater management planning during golf course repurposing that addresses the additional potential hazards of emerging flooding trends and extreme weather events. Monroe U County 19-2ACSC d N/A 04-15-19 11-20-18 5-0 (received 03-25-19) 1. The proposed amendment to the Monroe County's Comprehensive Plan seeks to allow for the CL award of Rate of Growth Ordinance (ROGO)allocations to Tier 1 and Tier III-A for the redevelopment of lawfully existing ROGO exempt market rate dwelling units with replacement Affordable Dwelling c3 Units. The amendment package also amends Policy 101.3.7 of the Monroe County 2030 Comprehensive Plan by extending the duration of temporary emergency housing after a natural disaster to allow for temporary emergency housing to be placed at mobile home parks and RV parks. 2.The amendment would affect areas throughout Monroe County. cv 3.This amendment does not create any adverse impact to state or regional resources/facilities. 2 Packet Pg. 1498 P.3.c Local Council Local Government Governing Government Proposed Adopted Review Date Transmittal or Body and Plan Adoption Public Adoption Amendment Hearing and Meeting Vote NumberAa Monroe 0 County 19-1ACSC V N/A 04-15-19 01-23-19 5-0 0 (received 03-26-19) 1.The proposed amendment to the Monroe County's Comprehensive Plan seeks to amend the landCL use designation of a parcel on the Future Land Use Map(FLUM)from mixed used/commercial(MC), recreation(R),and conservation (C),to commercial(COMM). 2. The amendment affects a portion of the property at 100 Anchor Drive, Key Largo, at the Ocean Reef Club,a site that is 1.246 acres. 3.This amendment does not create any adverse impact to state or regional resources/facilities. City of Doral 19-1ESR V N/A 04-15-19 03-27-19 4-0 (received 1 Absent 04-04-19) 1. The proposed amendment to the City of Doral's Comprehensive Plan seeks to amend the Goals, Objectives,and Policies(GOPs)of the Transportation Element,and the Parks and Recreation Element. o Transportation Element proposed changes include creation of a maximum parking regulation, development of parking requirements for electric vehicle (EV) charging stations, the establishment of Transit Oriented Development(TOD) nodes along NW 12th Street, including at NW 82nd Avenue, NW 107th Avenue,and NW 97th Avenue.The proposed amendment also includes goals of expanding N the bicycle network by 5%per year and increasing transit ridership on the Doral trolley system by 5% per year.The Parks and Recreations Element amendment changes include an increase in the number of multi-purpose trails in the City by 18.5 miles by 2030 through new trail development, and redevelopment of current infrastructure. 2.The amendment affects areas throughout the City of Doral. U 3.This amendment does not create any adverse impact to state or regional resources/facilities. City of Key West 19-1ACSC V N/A 04-15-19 02-05-19 7-0 (received 02-28-19) 1.The proposed amendment to the City of Key West's Comprehensive Plan is a text amendment to Table 1-1.1.5 and Policy 1-1.1.10 to allow for deed restricted affordable housing development at a maximum of 16 dwelling units per acre as a conditional use within the Historic Public and Semipublic Services District(HPS)zoning district. 2.The HPS zoning district is found ten times in the Zoning Map of the City of Key West. Based on the densities of abutting districts which range from 8 to 22 dwelling units per acre, the 16 du/acre has been deemed compatible. 3.This amendment does not create any adverse impact to state or regional resources/facilities. 3 Packet Pg. 1499 P.3.c Local Council Local Government Governing Government Proposed Adopted Review mate Transmittal or Body and Plan Adoption Public Adoption Amendment Hearing and Meeting Vote Number City of 0 Marathon 19-1ACSC V N/A 04-15-19 02-26-19 5-0 0 (received 03-14-19) CL 1.The proposed amendment to the City of Marathon's Comprehensive Plan seeks to amend land use designation of a parcel on the Future Land Use Map(FLUM)from Residential Medium (RM)to Mixed Used (MU) and Residential Medium (RM) for a portion of the Ferrucci property. The intent of the amendment is to allow for six workforce housing units to be built. IL 2.The approximately 0.84-acre property is located at 222 99th Street,Marathon,Florida on Vaca Key near mile marker 52. 3.This amendment does not create any adverse impact to state or regional resources/facilities. CL IL City of North Miami 19-1ESR d N/A 04-15-19 02-26-19 5-0 (received N 03-11-19) 1.The proposed amendment to the City of North Miami's Comprehensive Plan seeks to revise Policy 1.18.3 of the Future Land Use Element to allow residential use within the NW 7th Avenue Planned Corridor Development (PCD) Overlay, instead of restricting use to the standard C-1, Commercial District,which does not allow residential use.This amendment allows for compatibility with the City's W other PCD Overlay Districts. 2.This amendment affects the NW 7th Avenue Planned Corridor Development Overlay District. 3.This amendment does not create any adverse impact to state or regional resources/facilities. 0 CL 0 4 Packet Pg. 1500 P.3.c Local Council Local Government Governing Government Proposed Adopted Review Date Transmittal or Body and Plan Adoption Public Adoption Amendment Hearing and Meeting Vote Number A City of 0 Oakland Park 19-1ESR d N/A 04-15-19 02-26-19 9-0 0 (received 03-01-19) CL 1. This amendment proposes to change the Future Land Use Map designation of 140.7 acres from 0 Parks/Recreation to Irregular (2.88) Residential within a Dashed-Line Area to facilitate the future development of up to 405 residential units,subject to rezoning and site plan approval. 2. The subject property is located on the west side of NW 21st Avenue between NW 44th Street and Commercial Boulevard.The property consists of 139+J-net acres and 140.7+j-gross acres which includes IL half of the adjacent right of way for NW 21st Avenue and West Prospect Road. 3.This amendment does not create any adverse impact to state or regional resources/facilities;however, Council review notes that the regional trend of golf course repurposing is significant.The issues of loss of aquifer recharge and of open space that serves as wildlife habitat and provides positive community aesthetics may have cumulative impact regionally. More locally, Council recommends stormwater management planning during golf course repurposing that addresses the additional potential hazards of L emerging flooding trends and extreme weather events. Additionally, the City is required to revise its CL Water Supply Facilities Work Plan (Work Plan) within 18 months after approval of the Lower East Coast 0 (LEC) Water Supply Plan Update by the District's Governing Board. The District's Governing Board approved the LEC Water Supply Plan Update on November 8,2018.Therefore,the City's Work Plan needs U to be updated and adopted by May 2020. Council review notes that the City should enhance its existing affordable workforce housing g programs to increase the supply of affordable housing for very low, low- and moderate-income households by working with the public and private sectors; allowing and encouraging accessory dwelling units is an effective strategy towards this goal. 4.This amendment does not create any adverse impact to state or regional resources/facilities. City of Wilton Manors U 19-1ER d N/A 04-15-19 03-12-19 5-0 (received 04-08-19) 1.The proposed amendment to the City of Wilton Manor's Comprehensive Plan are Evaluation and Appraisal Review(EAR)based changes.The amendments reflect changes in state requirements since o CL the last time the Comprehensive Plan was updated and updates the plan based on current local conditions and data. It also updated the plan to reflect a focus on sustainability, resiliency, climate is change and sea level rise. 2.The amendments affect the City of Wilton Manors in its entirety. 3. Council staff recommends that under "Joint Planning Areas" that it be stated that the City coordinates with the South Florida Regional Transportation Authority (SFRTA). The City has proactively participated in planning for a potential future station area of the proposed Coastal Link Corridor, which would provide commuter rail on the historic FEC rail corridor. The City could also reflect this coordination and planning under other headings of the Comprehensive Plan.For example, Objective 12"Transit Oriented Corridor"could also reference the SFRTA Transit Development Plan. 4.This amendment does not create any adverse impact to state or regional resources/facilities. 5 Packet Pg. 1501 P.3.c ADOPTED AMENDMENTS 0 Local Council Local Government Governing Government Proposed Adopted Review Date Transmittal or Adoption Body and Plan Public Hearing and Adoption A Amendment Meeting Vote 0 Number Broward County 0 18-6ESR N/A d 04-15-19 02-26-19 9-0 (received CL 03-01-19) 1. The adopted text amendment to the Broward County's Comprehensive Plan (BCCP) reduced 500,000 square feet of office use and revised the dwelling unit types within the "Miramar Activity Center II" to reflect the local Comprehensive Plan amendment from the City of Miramar's Transit Oriented Corridor(TOC). 2. Miramar TOC/Activity Center II is generally located east of SW 66th Avenue and bound on the north by Pembroke Road,on the east by SR 7j US 441,and on the south by County Line Road. 3.The local government adopted the amendment as proposed. Miami-Dade County CL 18-SESR N/A V 04-15-19 01-24-19 13-0 0 (received t s 03-21-19) 1.The adopted amendment to the Miami-Dade County's Comprehensive Development Master Plan encourages Transit-Oriented Development(TOD) along the SMART Plan rapid transit corridors. The cv amendment affected the unincorporated area within % mile of the existing Metrorail corridor and the SMART Plan rapid transit corridors, except for the East-West Corridor which includes the area within 1 mile of the proposed alignment. Mixed use projects within l mile of the SMART Plan corridors are eligible for a residential density of 60 dwelling units per acre and up to 1.5 floor to area ratio(FAR).Mixed use projects located in the portion of the East-West SMART Plan Corridor between U %Z mile and 1 mile are eligible for 18 dwelling units per acre and up to 1.25 FAR. The amendment establishes a timeline for completion of Urban Center area plans for rapid transit stations located in unincorporated Miami-Dade County, the specific location of which, in the case of the SMART Plan corridor,will be determined in ongoing and future studies. 2. The County staff analysis uses a 30% modal split for future planning purposes. Council staff is performing a detailed analysis for the Miami-Dade Transportation Planning organization on mode CL 0 split,to be completed byJune of 2019.The forthcoming Council mode split analysis will identify mode split for each corridor,and any potential modifications to the assumed mode split for each corridor can be used for future planning purposes.Council staff notes that the increases in density that would occur as a result of this adopted amendment will need to be addressed in the water supply planning for the County as the additional demand on the system will be significant.Council staff recommends addressing the increase in water demand and wastewater infrastructure concurrently with the `d amendment process. Council staff also recommends that storm water management area plans be developed for all Urban Centers during the area plan processes. Creating a resilient transit network requires addressing potential flooding risks and solutions in station areas that will experience future 0 increased urbanization and density. 0 3.The local government adopted the amendment as proposed. 0 6 Packet Pg. 1502 P.3.c Local Council Local Government Governing Government Proposed Adapted Review Date Transmittal or Adoption Body and Plan Public Hearing and Adoption Amendment Meeting Vote Number Islamorada, 0 Village of Islands 19-1ACSC N/A V 04-15-19 04-04-19 5-0 0 (received 0 04-11-19) 1. The adopted amendment to the Village of Islamorada's Comprehensive Plan established an ordinance to amend Chapter 3 "Housing Element" and the associated objectives and policies. This establishes Goal 3-2 "Workforce-Affordable Housing Initiative" to allow for an allocation of an IL additional 300 workforce-affordable housing permits. The permits are to be allocated for the development of multi-family rental units and are to be identified as the"Affordable-Early Evacuation Pool." 2. The amendment affects the portion of the Village of Islamorada that falls outside of the V-Zane and Coastal Barrier Resource Systems. 3.The local government adopted the amendment as proposed. CL IL cv U 0 CL cv 7 Packet Pg. 1503 From: To: xc: Subject: Monroe County,DEO#19-IASCS and#19-2ACSC,Comments on Proposed Comprehensive Plan Amendment E Packages owmm' Monday,April z5,amzo*uo:ssmw Dear Mr. .Eubanks' = 4- 0 The South Florida Water Management District (District) has completed its review of the two proposed amendment packages from the Monroe County (County). Amendment #19'1AC3[ includes one Future Land Use Map Amendment and Amendment #19-2AC3C includes text CL amendments concerning affordable housing and temporary emergency housing. There appear to be no regionally significant water resource issues; however, the District offers the following technical guidance regarding Regional Water Supply Planning: IL � The County is required to revise its Water Supply Facilities Work Plan (Work Plan) within 18 months after approval of the Lower East Coast /LEC\ Water Supply Plan Update by the District's Governing Board. The District's Governing Board approved the LE[ Water Supply Plan Update on November 8, 2028. Therefore, the Count/s Work Plan needs to be updated and adopted by May 2O2O. The Work Plan must cover at least a 10-year planning period, IL J� include updated water demand projections, identify alternative and traditional water supply 0. projects, and describe conservation and reuse activities needed to meet the projected future demands. Planning tools are available on the Uistriot'nxvebsite for your use and District Staff are available to provide technical assistance to update the Work Plan, including reviewing draft Work Plans prior to formal plan amendment submittal.The planning tools are located at this link: � The District offers its technical assistance to the County and the Department of Economic Opportunity in developing sound, sustainable solutions to meet the Counk/S future water supply needs and to protect the re8ion^s water resources. Please forward u copy of the adopted U amendments to the District. Please contact me if you need assistance or additional information. Sincerely, 0 Ms.Terry Manning, Policy and Planning Analyst CL South Florida Water Management District Water Supply Implementation Unit 3301 Gun Club Road 0 West Palm Beach, FL 33406 W � Phone: 561-682-6779 ' Fax: 561'681-6264 C14 Packet Pg. 1504 P.3.d 4 6 0 7 MONROE COUNTY, FLORIDA � 8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS p' ORDINANCE NO. -201 10 1. 1 AN .ORDINANCE BY THE MONROE COUNTY BOARD OF 3 12 COUNTY COMMISSIONERS AMENDIN POLICY 1 1.3.3 OF 13 THE MONROE COUNTY YEAR 203 COMPREHENSIVE PLAN 14 TO ALLOW FOR THE AWARD OF AFFORDABLE ROGO 15 ALLOCATIONSTO TIER I AND III-.A FOR THE 1.6 REDEVELOPMENT OF LAWFULLY EXISTING EXEMPT 1.7 MARKET RATE DWELLING UNITS WITHA REPLACEMENT 1.8 AFFORDABLE DWELLING UNIT; PROVIDING FOR X 1:9 SEVERABILITY, PROVIDING FOR REPEAL OF CONFLICTING 20 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE 21 LAND, PLANNING AGENCY AND THE SECRETARY OF STATE; 2 PROVIDING FOR INCLUSION IN THE MO CIF COUNTY � 23 COMPREHENSIVE LAN; PROVIDING FOR AN EFFECTIVE � 24 DATE. 25 26 27 WHEREAS, on April 1. , 2018, at the regularly scheduled Board of County 8 Commissioners meeting, the BOCC gave direction to staff to process proposed test amendments 29 to the Comprehensive Plan and Lard Development Code to incentivize the development of 30 affordable housing by allowing the issuance of affordable housing ROGO allocations to Tier l and. 31 `Pier 111-A designated parcels in order to replace market rate dwelling units with deed-restricted � 32 affordable housing dwelling units; and 33 34 WHEREAS, the Monroe County Development Review Committee (DRC) considered the 35 proposed amendments at a regularly scheduled meeting held on the 24"'day of July, 2018; and 36 37 WHEREAS, staff is recommending approval of the proposed amendments to 38 Comprehensive .flan. Policy 1.01.3.3 to allow for the award of affordable allocations to Tier 1 and 39 Tier 111-A. for the redevelopment of lawfully existing ROGO exempt market rate dwelling units � 40 with a replacement affordable dwelling unit when certain criteria is met; and 41 42 WHEREAS, the Monroe County Planning Commission held a public hearing on the 26`' 43 day of September, 2018,. for review and recommendation on the proposed Comprehensive Plan 44 text amendment; and Card. -2019 Page 1 of File 2018-107 Packet Pg. 1505 I WHEREAS, the Planning Commission was presented with the following documents and 2 other information relevant to the request, which by reference is hereby incorporated as part of the 3 record of said hearing: 4 0 5 L Staff report prepared by Cheryl Cioffari, AICP, Comprehensive Planning Manager, 6 September 12, 2018; 7 2. Sworn testin-iony of Monroe County Planning & Environmental Resources 0 8 Department staff; and 9 3. Advice and counsel of Steve Williams, Assistant County Attorney, and John Wolfe, 10 Planning Commission Counsel. 1.1 12 WHEREAS, based on discussion and public input at the hearing, the PC recommended 13 revisions to the proposed amendment, to include language that if multiple redevelopments occur E 14 at the same time, then the income categories of the affordable housing allocations provided would 15 be consistent with the ratio of the allocations available in the affordable housing allocation pool at. T 16 that time [rnoderate vs. very low, low and median]; and X 0 4- 0 17 18 WHEREAS, based upon the information and documentation submitted, the Planning E 19 Commission makes the following Findings of Fact and Conclusion,, of Law: 20 21 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the 22 Monroe County Year 2030 Comprehensive Plan; and z 0 23 2. The proposed amendment is consistent with the Principles for Guiding Development IL 0 24 for the Florida Keys Area of Critical State Concern, See. 380.0�552(7), F.S.; and 25 3. The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statute, E 26 27 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P29-18 IL 28, recommending approval of the proposed amendment; and 0. E 29 0 30 WHEREAS, at a regular meeting held on the 20"' day of November 2018, the Monroe 31 County Board of County Commissioners held a public hearing to consider the transmittal of the 32 proposed text amendment,considered the staff report and provided for public comment and public 33 participation in accordance with the requirements of state law and the procedures adopted for 0 34 public participation in the planning process; and 35 WHEREAS, at the November 20, 2018, public hearing, the BOCC adopted Resolution E 36 413-2018, approving transmittal of the proposed text amendment to the State Land Planning 37 Agency; and < 38 Ord. -2019 Page 2 of 4 File 2018-107 Packet Pg. 1506 I WHEREAS, the State Land Planning Agency reviewed the amendment and issued an 2 Objections, Recommendations and Comments (ORC) report, received by the County on May 6, 3 2019; and 4 0 5 WHEREAS, the ORC report did not identify any objections, recommendations or 6 comments; and 7 0 8 WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the 9 proposed amendment, adopt the amendment with changes or not adopt the amendment; and 10 1h I I WHEREAS, at a regularly scheduled m 1 9 eeting on the day of June, 2019, the BOCC 12 held a public hearing to consider adoption of the proposed Comprehensive Plan text amendment; 0 13 E 14 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 15 COMMISSIONERS OF MONROE COUNTY, FLORIDA: A 16 Section I.. The text of the Monroe County Year 2f)30 Comprehensive Plan is hereby amended X 0 4- 0 17 as follows, (Deletions are shown stricken through; additions are shown underlined): 18 E 19 Policy 101.3.3 20 Monroe County shall allocate at least 20% of the annual allocation, or as may be 21 established by the State of Florida, pursuant to Administration Commission Rules, to 22 affordable housing units as part of ROGO, Any portion of the allocations not used for z 23 affordable housing shall be retained and be made available for affordable housing from 0 24 ROGO year to ROGO year. Affordable housing eligible for this separate allocation shall 0 25 meet the criteria specified in Policy 601,14 and the Land Development Code, but shall a M not be subject to the competitive Residential. Permit Allocation and Point System in 27 Policy 101.6.4. Any parcel proposed for affordable housing shall not be located within E 28 an area designated as Tier I as set forth Linder Goal 105 or within a Tier 111-A Special 29 Protection Area as set forth in Policy 205.1.1. 30 (L 0. 31 Notwithstanding the fore )-roing and ii,otw,i,thstandiii.,g PolJ,cy .10.1.6.2, affordable housing E 0 32 ROGO allocations may be awarded to Tier I or Tier 11l-A properties which meet all of 33 the following criteria: 34 1. The property contains an existing market rate dwelling unit that meets the criteria 35 in LDC Section 138-22(a) and is determined to be exempt from ROGO; 0 36 2. The proposed replacement affordable dwelling unit meets current Florida Building 37 Code and is not a mobile home,• E 38 3, The proposed replacement dwelling unit shall be deed restricted for a period of at 39 least 99 years as affordable housing pursuant to the standards of the Land 40 Development Code; and 41 4. The proposed site plan for the replacement affordable dwelling unit does not 42 propose any additional. clearing of habitat. Ord. -2019 Page 3 of 4 File 2018-107 Packet Pg. 1507 I Section 2. Severabilit_y. If any section, subsection, sentence, clause, item, change, or 2 provision of this ordinance is held invalid, the remainder of this ordinance shall not 3 be affected by such validity. 4 0 5 Section 3.. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in 6 conflict with this ordinance are hereby repealed to the extent of said conflict, 7 0 8 Section 4. Transmittal.This ordinance shall be transmitted by the Director of Planning to the 9 State Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes. 10 11 Section 5. Filing and Effective Date. This ordinance shall be filed in the Office of the 12 Secretary of the State of Florida but shall not become effective until a notice is 13 issued by the State Land Planning Agency or Administration Commission finding E 14 the amendment in compliance with Chapter 163, Florida Statutes and after any 15 applicable challenges have been resolved. A 16 X 0 4- 0 17 Section 6. Inclusion in the C2MpLtt ensive la y The text amendment shall be incorporated r- 18 in the Monroe County Comprehensive Plan, The numbering of the foregoing 0 E 19 amendment may be renumbered to conform to the numbering in the Monroe County 20 Comprehensive Plan. 21 22 PASSED AND ADOPTED by the Board Of County Con-ii-nissioners of Monroe County, z 0 23 Florida, at a regular meeting held on the day of IL 24 0 a 25 Mayor Sylvia Murphy, District 5 < 26 Mayor Pro Tein Danny L. Kolhage, District I 27 CommissionerMichelle Coldiron, .District 2 E 28 Commissioner Heather Carruthers, District 3 29 Commissioner David Rice, District 4 IL 30 0. 31 E 0 32 BOARD OF COUNTY COMMISSIONERS 33 OF MONROE COUNTY, FLORIDA 34 35 BY 36 Mayor Sylvia Murphy 0 37 (SEAL) 38 E ywry, jl]'-!�ANEY 39 ATTEST: KEVIN MADOK, CLERK 40 41 ASSISTAINY F0091 TT 42 DEPUTY CLERK DWI! 43 Ord. -2019 Page 4 of 4 File 2018-107 Packet Pg. 1508