Item Q3 Q.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
August 21, 2019
Agenda Item Number: Q.3
Agenda Item Summary #5872
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Cheryl Cioffari (305) 289-2506
1:30 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 the Monroe County Comprehensive
Plan as a small-scale comprehensive plan amendment pursuant to Section 163.3187, Florida
Statutes, creating Policy 107.1.8 Sugarloaf School Workforce Housing Subarea; Establishing the
boundary of the Sugarloaf School Workforce Housing Subarea; limiting the permitted uses of the
subarea to deed restricted affordable housing dwelling units; limiting maximum net density for
affordable housing in the subarea; and eliminating allocated density and floor area ratio for a 2.81-
acre portion of property located at 255 Crane Boulevard on Sugarloaf Key as proposed by The
School Board of Monroe County. (File 42019-038)
ITEM BACKGROUND: On March 1, 2019, the Planning and Environmental Resources
Department received an application from the School Board of Monroe County, Florida (the
"Applicant") to amend the Monroe County Year 2030 Comprehensive Plan to create Policy 107.1.8
Sugarloaf School Workforce Housing Area to accompany a proposed Future Land Use Map
(FLUM) amendment from Education (E) to Mixed Use / Commercial (MC) for a 2.81-acre portion
of property located at 255 Crane Boulevard on Sugarloaf Key.
The proposed subarea policy would provide additional development restrictions on the 2.81 acre
upland portion of the subject parcel, including a limitation that the only permitted use on the 2.81
acre the property would be affordable housing and accessory uses. The proposed subarea policy and
FLUM amendment would be processed as "small-scale comprehensive plan amendments" pursuant
to Section 163.3187, Florida Statutes, based on the size of the site and the limitation of development
to affordable housing.
In the application materials, the Applicant states that the reason for the proposed amendments is
"Due to concerns raised by the local community since the previous application [FLUM amendment]
was filed, the School Board proposes to implement a subarea policy which would limit the
maximum number of workforce housing units to be developed at the Property to twenty (20)
affordable housing units, and that would ensure that the Subject Property is utilized exclusively for
workforce housing and accessory use."
Packet Pg. 2047
Q.3
While staff agrees with the position that inadequate availability of affordable housing is currently a
primary issue facing unincorporated Monroe County, staff is also reviewing the proposed
amendment for consistency with State Statutes (including 163.3187, F.S., above), Rules, internal
consistency with the Comprehensive Plan and balancing all the requirements and policy issues.
Concept Meeting
In accordance with LDC Section 102-158(a), a concept meeting was held on March 27, 2019 to
discuss proposed Comprehensive Plan text amendment. It was determined that the proposed text
amendment will not have a county-wide impact because it is a proposed site specific sub-area policy
that would affect a portion the one (1)parcel identified in the application.
Development Review Committee and Public Input
At a regular meeting held on April 23, 2019, the Development Review Committee (DRC) considered
the proposed Comprehensive Plan text amendment and provided for public comment.
Planning Commission and Public Input
At a regular meeting held on April 23, 2019, the Planning Commission (PC) recommended approval
of the proposed text amendment through PC Resolution P20-19 and provided for public comment.
Proposed Text Amendment
The Applicant's proposed text, as submitted on March 1, 2019, additions are shown in underlined,
deletions are stricken through. Staff proposed amendments are as additions in re(I....uun(le!Jiag°,
deletions are re(I sti4elwn tluuruuuglu.
Policy 107.1.8 Sugarloaf School Workforce Housing StiiibAarea Pr aaidina Llfsumtations
Development in the Sugarloaf School Workforce Housing uu °Aaarea shall be subject to the
provisions applicable to the Mixed Use / Commercial (,MC) Future Land Use Map
Designation as set forth by the Monroe County Year 2030 Comprehensive Plan, an(j the
.. ^
, uu�uu���ua �.... l u�ul � .����� Use plu����°a,� (° �:�n�ualTM� �,au�6.,�TM��1•�/. � ��srnc l I��,
flue 1'oHgww ng uuupupi.:pioauui resn•ispions sluuuii uupluiy..-.
1. Notwithstanding the maximum
_ m density set forth by Policy 101.5.25, the Maximum
Net Density of the Sugarloaf School Workforce Housing Area shall be 20 a ll'or(Ja N
dwelling_ units.
nits.
2. Nonresidential uses shall be prohibited. Accessory uses to the residential
development, such as recreational facilities, shall be permitted.
p 3.
°u u.
i` i�; aauuun u�a:pu�a floor area u•uu�u�,) (EAR) �uu• as a�uurnu•�,su �au�uuu uses wk uua flae subarea
sluuuip be zero
..................................................................
4. For consktency ayklu i)gHs .... p G9 p „�l� in or(jer to hillflement flay; Hi :)Jupuu f,, y'
arr.y:uaaa a112,16t.y !!Id:y aa(l amuuaufln flue,...oveu ffl Cgunt.y ffl.ocate(j upens�y aauj. the
preservation pup" native....luuubkaat, the uffloc te(j (peasky I'm' ..:tlue sugalloal, snoo
rl/oul:„pouce I,L)uusalag u;utauuea sla,�uii be...reuO
Packet Pg. 2048
5. No i:mwkel i•ato oi li•misionl Theiv sluffl be no
maxhnum net densky cjandai�d avaHaNe fiv maii<ct i�atc dwdhng !j!jqc �21, ti,cinswnt
unks
6. AH n d ew ivs� cn d u tink d s cvdopc,cj kldn the subaiva sluffl be subjyc,j !�2 jj�� ROGO
pegiin, uugqoy.citlon systein,
7. The BoundciCy �2!' lju !jgaljoaf Sclloo� Wolid'give I h)usang y!jtaiva sluffl andudc
Z:�I Ici'cs ol'upkind, and k cgffly descjjbcd a7..paq of Crovemment Lot 2, Scctj�:)n 36 TOwnsIdp �o 1 ,Ingg 21 LIst,:,
S I' Nif Ke �2� E��:21jda, bc�'ng 1 ,ificukifly cjs�jjbcd as foHow-
ig(I b Y M�221 c m,
)"d)"d FI ,J l,J G h rJ h id S j h rJ'X 4 7 5 VIV,
ah)ng th �cI,th Hne of the sfld Section 36 fiv a (fistance of 1550 Q6 lect to the
Noi,thecist comci of kinds desciibed an Offi6,d Rcovds Bool< 2350::� at Pag 429 �21'
3
T'25"F ah:M2,
the sfld Noah Hne of Section 36 a (fistance of 1081) 00 lect mcasuivd fnmi the Last
13JgIlt �Yay SOO" 2"VV' zflong jh!� Eg.4
Hne of the sfld kinds desciibed an Offi6,d Rcovds Bool< 2350 at Pag �21' the
Pubhc Rcovds of Monn)c County Eq :cjjda, fiv a (fistancc of 65 66 feet to the Poh-it
gf 1 „c gant-jng gf lh l2aivd of kind hciv, naftci dcscjbcd,, thcncc continue
SOO" 2"VY, ah mg jh!� pi�:rlllj� ch,�scj c� �l ',I y
the Southeast comci, of kinds (Icsciibcd an Offi6,d Rcovds Bool< 2350 cit Pclgc
oftlic Pubhc Rcovds ol' Monmc County , Eq�cjjda, fiv a (fistancc of 366 27 feet to a
S'XllT d166 27 , jw �:F N� jrirljri g d li �j) " Nac � P� 2 Sp
ol'kind contdris 122,45833 s(l!lcli'c I'Cct lilolv ol� �Css
7 .1
C ANM DfPELLIG41 FP
............
Sugadoaf Key
Mile Marker 19
..............................................................................................................................................................................................................................................................................................................................
Packet Pg. 2049
Q.3
The proposed subarea policy would allow the development of up to twenty attached or detached
affordable dwelling units, designated as employee housing as provided for in LDC Section 139-1.
Currently, the Suburban Commercial (SC) zoning district allows the development of up to five (5)
attached or detached deed restricted affordable dwelling units, designated as employee housing as
provided for in LDC Section 139-1, as of right; the development of 6 to 18 attached or detached
deed restricted affordable dwelling units, designated as employee housing as provided for in LDC
Section 139-1, as a minor conditional use; and the development of more than 18 attached or
detached deed restricted affordable dwelling units, designated as employee housing as provided for
in LDC Section 139-1, as a major conditional use.
------------------
Assuming the BOCC approves the proposed comprehensive plan amendment, the executed
ordinances will be filed with the Secretary of State. Pursuant to Section 163.3187, F.S., a small
scale amendment may not become effective until 31 days after adoption and any affected person
may file a petition with the Division of Administrative Hearings pursuant to Sections 120.569 and
120.57, F.S., to request a hearing to challenge the compliance of a small scale development
amendment with this act within 30 days following the local government's adoption of the
amendment.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Staff is requesting edits to comply with the requirements of the
small scale amendment requirements and internal consistency with the Comprehensive Plan. With
the changes as stated in this staff report, staff recommends approval of the proposed amendment
creating Policy 107.1.8.
DOCUMENTATION:
2019-038 SR BOCC 08.21.19
2019-038 Ordinance
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date: N/A
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Current Year Portion: N/A
Budgeted: N/A
Source of Funds:
CPI: N/A
Indirect Costs: N/A
Packet Pg. 2050
Q.3
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: N/A If yes, amount: N/A
Grant: N/A
County Match: N/A
Insurance Required: N/A
Additional Details: N/A
REVIEWED BY:
Cheryl Cioffari Completed 07/29/2019 3:47 PM
Steve Williams Completed 07/29/2019 4:23 PM
Maureen Proffitt Completed 07/29/2019 4:53 PM
Assistant County Administrator Christine Hurley Completed
08/02/2019 2:18 PM
Budget and Finance Completed 08/05/2019 9:10 AM
Maria Slavik Completed 08/05/2019 2:03 PM
Kathy Peters Completed 08/05/2019 2:26 PM
Board of County Commissioners Pending 08/21/2019 9:00 AM
Packet Pg. 2051
Q.3.a
2 }
3 ww
4 MEMORANDUM E
5 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
6 We strive to be caring,professional and fair 0
7 CL
8 To: Monroe County Board of County Commissioners
9
10 From: Cheryl Cioffari, AICP, Acting Senior Director of Planning & Environmental Resources CL
11 �
12 Date: July 29, 2019
13
14 Subject: An Ordinance by the Monroe County Board of County Commissioners amending the
15 Monroe County Comprehensive Plan as a small-scale comprehensive plan amendment
16 pursuant to Section 163.3187, Florida Statutes, creating Policy 107.1.8 Sugarloaf School 0
x
17 Workforce Housing Subarea;Establishing the boundary of the Sugarloaf School Workforce 0
18 Housing Subarea; limiting the permitted uses of the subarea to deed restricted affordable
LR
19 housing dwelling units; limiting maximum net density for affordable housing in the L_
20 subarea; and eliminating allocated density and floor area ratio for a 2.81-acre portion of
21 property located at 255 Crane Boulevard on Sugarloaf Key as proposed by The School 0
22 Board of Monroe County. (File 42019-038)
23 co
4-
24 Meeting: August 21, 2019 2
25
26 co
27 I. REQUEST
28
29 On March 1, 2019, the Planning and Environmental Resources Department received an application .2
30 from the School Board of Monroe County, Florida (the "Applicant") to amend the Monroe County
31 Year 2030 Comprehensive Plan to create Policy 107.1.8 Sugarloaf School Workforce Housing Area
32 to accompany a proposed Future Land Use Map (FLUM) amendment from Education (E) to Mixed
33 Use / Commercial (MC) for a 2.81-acre portion of property located at 255 Crane Boulevard on
34 Sugarloaf Key.
35 to
to
36 The proposed subarea policy would provide additional development restrictions on the 2.81 acre
37 upland portion of the subject parcel,including a limitation that the only permitted use on the 2.81 acre W1
38 the property would be affordable housing and accessory uses. The proposed subarea policy and FLUM co
39 amendment would be processed as"small-scale comprehensive plan amendments"pursuant to Section M
40 163.3187,Florida Statutes,based on the size of the site and the limitation of development to affordable
41 housing.
04
42
43
44
45
46
SR BOCC 08.21.19 Page 1 of 19
File 9 2019-038
Packet Pg. 2052
Q.3.a
I II. BACKGROUND INFORMATION
2
3 Site Information:
4 Location: MM 19.3, Sugarloaf Key dddddddddddg
5 Address: 255 Crane Boulevard
x
6 Description: A part of Government Lot 2, Section 36,
7 Township 66 South, Range 27 East, Sugarloaf Key, Monroe
8 County, Florida
9 Parcel ID Number: 00118050-000000 2
10 Owner/Applicant: The School Board of Monroe County, ..%;' r��% a.
11 Florida
12 Size of Affected Portion of Property: 122,458.33 SF (2.81
13 acres) per survey by Eric A. Isaacs Florida Keys Land
14 Surveying, dated 7/17/18. �
�� as
15 FLUM Designations: Education (E) and Residential ' �i! U)
16 Conservation (RC) i f fll � 0
17 Land Use Districts: Suburban Commercial (SC), Suburban
18 Residential (SR) and Native Area(NA) ,
19 Tier Designation: HI-A (special protection area)
%% , i 0
20 Flood Zones: AE (EL 11) ;% � ���� �
21 CBRS: No ' ' ' " " ' 0
0
22 Existing Use:Developed with baseball field and parking areas
23 which are accessory to the Sugarloaf School.
4-
24 Existing Vegetation/Habitat: Developed Land, Freshwater Wetland and Hammock
25 Community Character of Immediate Vicinity: Adjacent land uses include vacant land,residential
26 and institutional uses to the west; vacant land and residential uses to the north; vacant land,
�s
27 residential and commercial uses to the east, and open water to the south across US1.
28
29 The property currently has a Land Use District (Zoning) designation of Suburban Commercial (SC), .2
30 Suburban Residential (SR) and Native Area (NA) and a Future Land Use Map (FLUM) designation
31 of Education (E) and Residential Conservation (RC). The property was within the SC district
32 (suburban commercial), NA district (native area) SR (suburban residential) prior to September 15,
33 1986. With the adoption of the Comprehensive Plan's FLUM in 1997, the property was given the
34 current FLUM designation of Education (E), Residential Low (RL) and Residential Conservation 00i
35 (RC).
36 0
37 The property is currently developed with the Sugarloaf School and accessory uses and structures. A i
38 vegetation survey/existing conditions report was not submitted with the application to confirm the (i
39 habitats. 00
40
41 The Applicant is requesting a text amendment to the Monroe County Comprehensive Plan to establish
42 a site specific subarea policy to accompany a concurrently proposed Future Land Use Map amendment
43 from Education (E) to Mixed Use/Commercial (MC) for a 2.81-acre portion of the property.
44
45 In the application materials, the Applicant states that the reason for the proposed amendments is "Due
46 to concerns raised by the local community since the previous application [FLUM amendment] was
SR BOCC 08.21.19 Page 2 of 19
File 9 2019-038
Packet Pg. 2053
Q.3.a
I filed, the School Board proposes to implement a subarea policy which would limit the maximum
2 number of workforce housing units to be developed at the Property to twenty (20) affordable housing
3 units, and that would ensure that the Subject Property is utilized exclusively for workforce housing
4 and accessory use." E
5
6 The Applicant states: 0
The Monroe County School District has soon consistent Patterns in hiring needs with
turnover rates hovering aground 1 .44%,on average over the last three years. While projections
have remaiuled consistent as it concerns hiring needs,the rate at Which the District can fr'1'l and
retain esmn loyees continues to plummet with the advent of recent meteorological activity and �
r er t valures.Unforeseen weather patterns,partictilarl in the:.a ath of �
increasin,,gp ep y' P
Hunicanelrma,have resulted in.decreased homing availability particularly in the affordable,
housing market. Increased housing costs often exceed 25-28%income thresholds as would be
0
berth affordable to and co fartably managed by potential candidates, In particulaT,emplOY00 �
turnover bas reflected the following,rates
0
Employee Turnover Rates 008-201
0
0
d offt f 't"arnor-e 4s
Year §I A atio ]EMR12Y.Res Rate
2015.2016 237 11035 2 .901%
201 .-2017 184 1042 17,66%
2017-201 170 1150 14.78%
1"he:need for affordable housing in Monroe County has never bten greater than it is now. aT
Generally speaking,housing and rea'9 estate in Ibe Florida'Keys [particularly in the lower Keys]
is ranked among the highest in the nation coming in jW below New York,':blew York and San
Francisco,California. 'l?nipsloyees who have left their tenure with the Monroe County School 00
CD
Di strrict is recent years haves consistently cited the cost oflivin, as a major factor in their i
decision to leave.Prospective employees are often dissuaded from'be inning a career with the
i
Ms'tr'ict because of an inability to find hoAusin that they e a ord.
7 00
8
9 The Applicant's full explanation and justification of the proposed amendments is included in the file
10 for the application (File 42019-038).
11
12 Staff has reviewed the Applicant's position and supporting documentation, and agrees with the
13 position that inadequate availability of affordable housing is currently a primary issue facing
14 permanent residents of unincorporated Monroe County. In 2015, the BOCC acknowledged the
15 County's workforce housing issues and adopted Resolution 189-2015, assigning additional duties to
SR BOCC 08.21.19 Page 3 of 19
File 9 2019-038
Packet Pg. 2054
Q.3.a
I the Affordable Housing Advisory Committee directing the committee to make recommendations for
2 steps the County may take to address the need for more workforce housing options. The committee
3 presented their recommendations to the BOCC at their regular meeting on August 17, 2016. The
4 BOCC held a special meeting on December 6, 2016, to discuss the recommendations, and provided E
5 direction to staff to move forward on several measures to encourage and incentivize the provision of
6 affordable and workforce housing within the County.
7 a
8 The 2014 ALICE report indicates that renters in the Lower Keys areas are significantly housing
9 burdened over 35%, as follows: by 68%in Key West, by 69%in Stock Island,by 72%in Big Coppitt,
10 by 56%in the Lower Keys and by 42%in Big Pine Key. 0
11 a
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16
17 In 2017, the ALICE Report was updated with information basedMCappid
M111151%.
18 on 2015 American Community Survey. The new information19 affirms the trend of increased difficulty in being able to afford ri
20 safe, well-constructed affordable housing.
&gi Pine Key CDP 1,922 49 �
Cu4[ae Ke,y CDP 951 45"
isVlam,afada 2,1513 4 % f!)
IKey CokgyIBeac:h 391 311%, 00
CD
IM1ey West 524 52 ,
Key West CCU 11„g72 5�2% CD
ILower,Keys CGD, 4 9PC 44%
Maraftoin, 1,603 ii-1
IWrdldle"ys CCD 2 31g 52F, 4)
Vrtt U,.Ga ya,GDP 731 2,3°Y
Staair.PAaaPm CDP 1 1,62 ee f.
T.Te,"i,,r,cI0 P 397 5,
Up Keys CCD 3�32 ra
SR BOCC 08.21.19 Page 4 of 19
File 9 2019-038
Packet Pg. 2055
ALICE �IN �MONROE COUNTY'
Populatiom: 77,482 l Number of Households�: 31,391
E
Medilan Household Income,: $6,1,020(state aveirage $49,426,)
Florida Underemployment Rate,for 21015: 11.5% X
Households Bellow ALICE Thiresholdl: 14,509(46%) 1 0
IL
How imainy househollds, aire st ire ggling?
.2
0
ALICE,is an acronym for Asset Households by Income, 2007 to 20151 IL
Limifted, Income,Constrafined, as
Eniplloyed— IhOLJSehGlldS that earn Lamm
niore, than the Federal Poverty
Level, bUt less than the basic costas
of hving for the COUnty(the ALlCE
U)
Threshold,orAT). Combined,the
701% - 0
nUmber of poverty and ALICE
hMselhollds equals the total 601% -
p0pUlation struggling to affoird 0
54% 4—
basilc needs. The percentage 110 59% 56%
0
Of 1-101-Jseh6lds below the ALICE +0 401%
Threshold changes over tilme 301,„ 72V. 0
W ,fj 0
(left axis, blue Ibairs),as does the 9L
1 -
total FlUmberof lh,ouseholds(iright 20%
axis, 4-
dotted yellow line). T�hie 101"1; -
Great ReceSS1110n,firomi 2 0f 7 to
2010, CaUsed hardship for many 2007 2010 2012 2015
famflies. Conditions started to Poverty IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII AIL11 C E Abowe AT-4—Total H H
i rn pirove ii n 2 0 10 and 2012 fear
some, but not far all.
.2
Mn
What dIoiels it ist
'to afford t hiasic
necessifies?
IMoMbilly hosts
he Ci
00
The bare-mininlUirn Household Housing $1,200 $1,635, 1
Survival Budget does inott indlUcle
Child Care $1,200,
any savmgs, leaving a 11011dsehol,d 0
vulneiraNle U) Unexpected Facd $1,65 $5,47
Transportation $3,22 $644
expenses.ALICE householcls Health, are $165 $634
tlsl
typilcally earn above dhe Federal 00
Miscellaneous $221 $522 M
Poverty Level of$11,770 for a, ..........
Taxes $361 $�564
single adult and $24,250 for a
Mon(thilly Tot�all $,2,434 $5,746,
fal'911111YOf four, but less than the
ANNUAL TOTAL $68,952
HOUsehold Survival Budget.
POVERTY ANNUAL TOTAL $11,7713 $24,2501
E
Sources 2015 Pomr-m-Inne Dan Anwcan Gon?,YmMy Sunwey.ALICE DpmograpMcs:Anwran Commony
covey Ahe,ADCE Tiveshc4d Biifhqpt;U S Departar nt of Housmgand Drban Dev&Gpraent(HUD) U.S.
Deparhment ofAgaw are(DSDA� Bureau of LaLorStatisqirs(BLS),intenia!Revenue SeAwce flRS,p,Ponoi
Dtpartment of Educabon,Office,of Eaity Lew ning.
2
SR BOCC 08.21.19 Page 5 of 19
File 9 2019-038
Packet Pg. 2056
Q.3.a
I Furthermore, Monroe County suffered the loss of a significant number of housing units due to damage
2 caused by Hurricane Irma on September 10, 2017. The BOCC has acknowledged that the pre-existing
3 affordable housing issues facing the County are even greater and more immediate now due to storm-
4 related losses. E
5
6 As noted, this amendment is being proposed as a small scale amendment. Section 163.3187, F.S., 0
7 establishes the process for adoption of a small-scale comprehensive plan amendment and provides the a.
8 limitations and requirements (see below).
9 2
10 (1) A small scale development amendment may be adopted under the following conditions: 0
IL
11 (a) The proposed amendment involves a use of 10 acres or fewer and: M
12 (b) The cumulative annual effect of the acreage for all small scale development amendments 2
13 adopted by the local government does not exceed a maximum of 120 acres in a calendar
14 year.
15 (c) The proposed amendment does not involve a text change to the goals, policies, and
16 objectives of the local government's comprehensive plan, but only proposes a land use U)
17 change to the future land use map for a site-specific small scale development activity. c
18 However, text changes that relate directly to, and are adopted simultaneously with, the
19 small scale future land use map amendment shall be permissible under this section. 0
20 (d) The property that is the subject of the proposed amendment is not located within an area
21 of critical state concern, unless the project subject to the proposed amendment involves c
22 the construction of affordable housing units meeting the criteria of s.420.0004(3), and :
23 is located within an area of critical state concern designated by s.380.0552 or by the 0
24 Administration Commission pursuant to s.380.05(1).
25 -
26 (2) Small scale development amendments adopted pursuant to this section require only one public c
27 hearing before the governing board, which shall be an adoption hearing as described in s. CD
C
28 163.3184(11).
29
30
31 (4) Comprehensive plans may only be amended in such a way as to preserve the internal c
32 consistency of the plan pursuant to s. 163.3177. Corrections,updates, or modifications of current D
33 costs which were set out as part of the comprehensive plan shall not, for the purposes of this act,
34 be deemed to be amendments.
35
36 While staff agrees with the position that inadequate availability of affordable housing is currently a00
37 primary issue facing unincorporated Monroe County, staff is also reviewing the proposed amendment �i
38 for consistency with State Statutes (including 163.3187, F.S., above), Rules,internal consistency with U
39 the Comprehensive Plan and balancing all the requirements and policy issues. ooi
40
41 Concept Meeting00
42 In accordance with LDC Section 102-158(a),a concept meeting was held on March 27,2019 to discuss
43 proposed Comprehensive Plan text amendment. It was determined that the proposed text amendmentIr-
CD
44 will not have a county-wide impact because it is a proposed site specific sub-area policy that would N
45 affect a portion the one(1)parcel identified in the application.
46 E
47
48
49
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Q.3.a
I Development Review Committee and Public Input
2 At a regular meeting held on April 23, 2019, the Development Review Committee (DRC) considered
3 the proposed Comprehensive Plan text amendment and provided for public comment.
4 as
E
5 Planning Commission and Public Input
6 At a regular meeting held on April 23, 2019, the Planning Commission (PC) recommended approval 0
7 of the proposed text amendment through PC Resolution P20-19 and provided for public comment. IL
8
9
10 III. PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENTS 0
11 �
12 The Applicant's proposed text, as submitted on March 1, 2019, is shown as follows: additions are in
13 underlined, deletions are stti kef tht:,,,o
14
15 * * * )
16 GOAL 107 0
17 Monroe County shall regulate land use and development activities of scarified portions of property
18 with 50 percent or more environmentally sensitive land that contains an existing nonconforming use 0
19 by the enactment of area-specific regulations that allow development to occur subject to limitations
20 and conditions designed to protect natural resources. For this Goal to be used, scarified portions of �
21 property shall not have been created purposefully without benefit of permit(s)as evidenced by pictorial 6
22 aerial examination and/or other means available to the Growth Management Division.
23 cas
24 Objective 107.1 M
25 Monroe County shall coordinate land use with the elements of the Comprehensive Plan through Future
26 Land Use Element subarea policies solely applicable to a specific geographic area. These subarea
27 policies identify parcels of land that require narrowly-tailored regulation in order to confine
28 development potential to an area or extent less than the maximum development potential allowed by
29 its underlying Future Land Use Map category. The development parameters established for each r_
30 subarea shall be based either on an inventory of uses and facilities established on the parcel or by data T
31 and analysis supporting the specific subarea limitations. Environmentally sensitive areas shall be W
32 preserved through the application of such methods as conservation easements that require mandatory
33 eradication of exotic invasive vegetation.
34 00
35
36 Policy 107.1.8 Sugarloaf School Workforce Housing Area — Providing Limitations on Density U
37 and Specific Restrictions
38
39 Development in the Sugarloaf School Workforce Housing Area shall be subject to the provisions00
40 applicable to the Mixed Use / Commercial Future Land Use Map Designation as set forth by the
41 Monroe County Year 2030 Comprehensive Plan, except as provided below:
0�
42 1. Notwithstanding the maximum density set forth by Policy 101.5.25,the Maximum Net Density N
43 of the Sugarloaf School Workforce Housing Area shall be 20 dwelling units.
44 2. Nonresidential uses shall be prohibited. Accessory uses to the residential development, such
45 as recreational facilities, shall be permitted.
46 3. No market rate or transient residential units shall be permitted.
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IV. ANALYSIS OF PROPOSED AMENDMENT
The following table itemizes the individual components of the Applicant's proposed subarea policy and prov
Applicant's Proposed Language Ai
Policy 107.1.8 Sugarloaf School Workforce Housing Area—Providing Limitations on Density Tf
and Specific Restrictions re,
co
Development in the Sugarloaf School Workforce Housing Area shall be subject to the provisions m(
applicable to the Mixed Use/Commercial Future Land Use Map Designation as set forth by the Fu
Monroe County Year 2030 Comprehensive Plan, except as provided below:
1. Notwithstanding the maximum density set forth by Policy 101.5.25, the Maximum Net Density Tf
of the Sugarloaf School Workforce Housing Area shall be 20 dwelling units.nits. C(
thf
Df
pu
co
F.
St,
dv
R(
2. Nonresidential uses shall be prohibited. Accessory uses to the residential development, such as Tf
recreational facilities, shall be permitted. H(
flc
3. No market rate or transient residential units shall be permitted. Pc
de
in1
SR BOCC 08.21.19 Page 8 of 19
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Q.3.a
I V. STAFF-RECOMMENDED CHANGES TO PROPOSED AMENDMENT
2
3 As noted above, the Applicant's proposed text, as submitted on March 1, 2019, additions are shown
4 in underlined, deletions are stfiekeii �hf:ee-g4l . Staff proposed amendments are as additions in red E
5 ivadefl ne, deletions are red sti4elwn...lhn:mgh. X
6
7
8 GOAL 107
9 Monroe County shall regulate land use and development activities of scarified portions of property 2
10 with 50 percent or more environmentally sensitive land that contains an existing nonconforming use
11 by the enactment of area-specific regulations that allow development to occur subject to limitations
12 and conditions designed to protect natural resources. For this Goal to be used, scarified portions of
13 property shall not have been created purposefully without benefit of permit(s)as evidenced by pictorial
14 aerial examination and/or other means available to the Growth Management Division.
15 U,
16 Objective 107.1 0
17 Monroe County shall coordinate land use with the elements of the Comprehensive Plan through Future
18 Land Use Element subarea policies solely applicable to a specific geographic area. These subarea
19 policies identify parcels of land that require narrowly-tailored regulation in order to confine
20 development potential to an area or extent less than the maximum development potential allowed by 0
21 its underlying Future Land Use Map category. The development parameters established for each 6
22 subarea shall be based either on an inventory of uses and facilities established on the parcel or by data
23 and analysis supporting the specific subarea limitations. Environmentally sensitive areas shall be (n
24 preserved through the application of such methods as conservation easements that require mandatory
25 eradication of exotic invasive vegetation.
26
27 *****
n theal Workforce Housin �iiib_ area ��a��d�pa L��p�u.�tat��mea�� mele�
29 )en t and Sll: e uric estr and g
30 T
31 Development in the Sugarloaf School Workforce Housing .,� area shall be subject to the provisions
32 applicable to the Mixed Use / Commercial (MC) Future Land Use Map Designation,, as set forth by C)
33 County Year Comprehensive Plan, i�uc b You �;u„ � u � �� �� a i�uc p,I .Y.
A
the Monroe o � ��� ��� �
34 I)ktiict � �ua�u ..,.
35 The I'o��ow ng adcNa jon d restrictions stuffl....1121 —
36 1. Notwithstanding the maximum density set forth by Policy 101.5.25,the Maximum Net Densily
_ _ ���d�Y dwelling units.
nits. �37 o the Sugarloaf School Workforce Housing Area shall e 20 ��fl fl���„c
38 2. Nonresidential uses shall be prohibited. Accessory uses to the residential development, such 0�
39 as recreational facilities, shall be permitted.
40 3maaiiiun...:floor area ( li I'or ffl nonresadentjd iuses wkldn....bhe siubarea . t ffl beC14
41 zel'O...
43 Y,112,16t.Y..YIujcjy and imflnufln bhe....ovenffl Y oi:v.y fflo ,aced. densky and the p„jvse v„ation of �
SR PC 05.29.19 Page 9 of 19
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I native haNtat, the aHocated densky for the Sugafloal'Schoo� World'orce I h:)ush-ig 5ijbarca shaH
3 5. N o m,4 e t Ia t e k)f Wati s i eti t ie s i d eti I ia I m i t S Sha b e P�12:n i tTLed Th cre sha b c n o i im x�i n i�i n
4 net densky �jandard avaHaNe for marl<ct rate (pwd hnu urnts or transwnt urnts E
5 6. AH new res entid unks deveh:)ped wkldn the subarea sh(iH be subj V�,nmt x
6 'dh2gitign sy�!�I I IL
7 7. The Boundary ,A !h� Sigalloal, Act...
oo orld'orce Hgus4ng !jtarca shaH 41Clldudc
kffly8 ' an cg des„�;jjbcd as-
0
9 IL
m
10 A part ol'Go rnm veent Lot 2, Sectign 36 h:)wnsIjj,) gO Suijtlj �ang Ig 21 La st, Sugailgaff"ey 4)
11 Monrge County,:, Eigjda, b6ng jngv parflcukifly uJgsgjbcd as fill h)w-
12
lu
13 cmmI �fl' szdd lhmc�,� h: �2�
:1 ; U)
14 North Hne ofthe sfld Section 36 fora (fistance of 1550 Q6 lect to the Northeast corner ofkinds
0
15 desciibed an Offi6,d Records Bool< 2350: at Pag� 42g�21'thc Pubhc Records ofMonrge County::,
16 h 6(fia, szdd p:Jw, S'81)114T'157,, ah mg jh!�
0
4—
17 1081) 00 fect measured from the Last RjIlh! �A, �Yay Hne of Crane Boidevard thence
18 S00" II 2"5'V' ah:M2, F,,asi, N_ undal'I'll hnc cd" Ilqu, szjd harick un Cfl'Ijcj,,,d R ri�j 0
19 pi, ol< 2350 at Pag 420 ofthe Pubhc Records ol' Monroc 0:)unty , Li,21jdan for a (fistance of —
20 65 66 fect to the Pgh-n o1jand her6nafterdesgibe(L' thence continue 0
21 SOO" 2"VV' Zlh mg ij!!� �I ',I dki,aric�,� �d" 3,14 14 141,
4-
22 Southeast corner ol'kinds desciibed in Offi6,d Records Bool< 2350, at Page Q hcPubhc m0
23 Recordsof Monroe County 101, a (fistance of 366 27 lect to thence
24 NOW-1 2"F h�i a cfisi,,aric�,� 3,114 "4
2 ,t A:� ,,I p p!2 h S'X 11� 7�')5"F i a d�s ,a ri
25 366 27 fect bacl< to the Pok-it ,)I' Bcgunt-jng, A,fld 12arcd of kind conuflns 122,45833 sq!jarc
26 fect, more or �css
>
0118050-000000
00
koc,Kj RDpq
ied
00
11
C14
[Sugar:'o
a:ey
M:i le Marker
E
19
27
28
29
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I The proposed subarea policy would allow the development of up to twenty attached or detached affordable
2 dwelling units, designated as employee housing as provided for in LDC Section 139-1. Currently, the
3 Suburban Commercial (SC) zoning district allows the development of up to five(5) attached or detached
4 deed restricted affordable dwelling units, designated as employee housing as provided for in LDC Section E
5 139-1, as of right; the development of 6 to 18 attached or detached deed restricted affordable dwelling
6 units, designated as employee housing as provided for in LDC Section 139-1, as a minor conditional use; 10
7 and the development of more than 18 attached or detached deed restricted affordable dwelling units, IL
8 designated as employee housing as provided for in LDC Section 139-1, as a major conditional use.
9
0
10 VI. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE
11 LOWER KEYS LIVABLE COMMUNIKEYS PLAN, THE PRINCIPLES FOR GUIDING 2
12 DEVELOPMENT,AND FLORIDA STATUTES.
13
14 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
15 County 2030 Comprehensive Plan. Specifically,it furthers: 0
16
as
17 Goal 101: Monroe County shall manage future growth to enhance the quality of life, ensure the
18 safety of County residents and visitors, and protect valuable natural resources.
19 0
20 Objective 101.3 6
21 Monroe County shall regulate new residential development based upon the finite carrying capacity
22 of the natural and man-made systems and the growth capacity while maintaining a maximum (s
23 hurricane evacuation clearance time of 24 hours.
24
25 Policy 101.3.3
26 Monroe County shall allocate at least 20% of the annual allocation, or as may be established by
27 the State of Florida,pursuant to Administration Commission Rules, to affordable housing units as
28 part of ROGO. Any portion of the allocations not used for affordable housing shall be retained and
29 be made available for affordable housing from ROGO year to ROGO year. Affordable housing A
30 eligible for this separate allocation shall meet the criteria specified in Policy 601.1.4 and the Land
31 Development Code, but shall not be subject to the competitive Residential Permit Allocation and
32 Point System in Policy 101.6.4. Any parcel proposed for affordable housing shall not be located
33 within an area designated as Tier I as set forth under Goal 105 or within a Tier III-A Special 06
34 Protection Area as set forth in Policy 205.1.1.
35
0
36 Objective 101.5 co 1
37 Monroe County shall regulate future development and redevelopment to maintain and enhance the
38 character of the community and protect natural resources by providing for the compatible 0�
39 distribution of land uses consistent with the designations shown on the Future Land Use Map.
40
41 Policy 101.5.6
42 The principal purpose of the Mixed Use/Commercial (MC) future land use category is to provide
43 for the establishment of mixed use commercial land use (zoning) districts where various types of E
44 commercial retail and office may be permitted at intensities which are consistent with the
45 community character and the natural environment. Employee housing and commercial apartments
46 are also permitted. In addition, Mixed Use/Commercial land use districts are to establish and
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I conserve areas of mixed uses, which may include maritime industry, light industrial uses,
2 commercial fishing, transient and permanent residential, institutional, public, and commercial
3 retail uses.
4 This future land use category is also intended to allow for the establishment of mixed use E
5 development patterns,where appropriate. Various types of residential and nonresidential uses may
6 be permitted; however, heavy industrial uses and similarly incompatible uses shall be prohibited. 10
7 The County shall continue to take a proactive role in encouraging the preservation and a.
8 enhancement of community character and recreational and commercial working waterfronts.
9 In order to protect environmentally sensitive lands,the following development controls shall apply 0
10 to all hammocks,pinelands, and disturbed wetlands within this land use category:
a�
11 1. only low intensity commercial uses shall be allowed;
12 2. a maximum floor area ratio of 0.10 shall apply to nonresidential development; and �s
13 3. maximum net residential density shall be zero.
14
15 �
16 Policy 101.5.25
17 Monroe County hereby adopts the following density and intensity standards for the future land use 4-
18 categories, which are shown on the FLUM and described in Policies 101.5.1 - 101.5.20. 0
19 3:
0
Future Land Use Densities and Intensities c
Residential�'> Nonresidential
Minimum 4)
Open Space c
Future Land Use Category Ratio(0
And Corresponding ca) Maximum Net Density
p g Allocated Density (a)(b) Maximum Intensity cm
c
Zoning (per upland acre) (floor area ratio)
(per buildable acre)
Mixed Use/Commercial 1 du(DR,MU,MI) 2 du(MI) .2
(MC)(f)(g) 3 du(SC) 6-18du(SC)(k) >
(SC,UC,DR,RV,MU 6 du(UC) 12 du(UC) 0.10-0.45 0.20
and Commercial Apartments 12-18 du(MU)(k) (SC,UC,DR,MU)
MI zoning) (RV)(,) 18 du(DR) <2,500 SF(RV)
5-15 rooms/spaces 10-25 rooms/spaces 0.30-0.60(MI)
00
Notes: �
I
(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. ®®I
(b) The Maximum Net Density is the maximum density allowable with the use of TDRs,or for qualifying affordable
housing development. TDRs can be utilized to attain the density between the allocated density standard up to the
maximum net density standard. Deed restricted affordable dwelling units may be built up to the maximum net density M
without the use of TDRs. "N/A" means that maximum net density bonuses shall not be available. Buildable acres
means the portion of a parcel of land that is developable and is not required open space.
(c) Additional open space requirements may apply based on environmental protection criteria; in these cases, the most C14
restrictive requirement shall apply.
(d) Future land use categories of Agriculture/Aquaculture,Education,Institutional,Preservation,Public Buildings/Lands, E
and Public Facilities,which have no directly corresponding zoning, may be used with new or existing zoning districts
as appropriate.
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(e) Within the Mainland Native future land use district, campground spaces and nonresidential buildings shall only be
permitted for educational,research or sanitary purposes.
(f) For properties consisting of hammocks,pinelands or disturbed wetlands within the Mixed Use/Commercial and Mixed
Use/Commercial Fishing future land use categories,the maximum floor area ratio shall be 0.10 and the maximum net E
density bonuses shall not be available.
(g) A mixture of uses shall be maintained for parcels designated as MI zoning district that are within the MC future land 0
use category. Working waterfront and water dependent uses, such as marina, fish house/market, boat repair, boat IL
building, boat storage, or other similar uses, shall comprise a minimum of 35% of the upland area of the property,
adjacent to the shoreline,pursuant to Policy 101.5.6.
(h) In the RV zoning district, commercial apartments shall be allowed, not to exceed 10% of total spaces allowed or in 0
existence on the site,whichever is less. cu
(i) The allocated density for the CFSD-20 zoning district(Little Torch Key)shall be 1 dwelling unit per acre,or 1 dwelling 2
unit per parcel for those parcels existing as of September 15, 1986, whichever is less, and the maximum net density
bonuses shall not be available.Residential density shall be allowed in addition to the permitted nonresidential uses and
intensity(i.e.,density and intensity shall not be counted cumulatively). 0
Within IS subdivisions with primarily single family residential units, IS zoning may be used with a RM future land S
�) p y g y g y U)
use designation for platted lots which have a duplex that was lawfully established prior to September 15, 1986.
0
(k)The maximum net density shall be 25 du/buildable acre for the UR zoning district and shall be 18 du/buildable acre for
the MU and SC zoning district for development where all units are deed restricted affordable dwelling units.For the UR
zoning district market rate housing may be developed as part of an affordable or employee housing project with a 0
maximum net density not exceeding 18 du/buildable acre.
(1) Vessels,including live-aboard vessels, or associated wet slips are not considered dwelling units and do not count when c
calculating density. 3:
0
1 0
2 Goal 102: Monroe County shall direct future growth to lands which are most suitable for (s
3 development and shall encourage conservation and protection of environmentally sensitive lands
4 (wetlands, beach berm and tropical hardwood hammock).
5
6 Policy 105.2.1
7 Monroe County shall designate all lands outside of mainland Monroe County, except for the Ocean
8 Reef planned development, into three general categories for purposes of its Land Acquisition
9 Program and smart growth initiatives in accordance with the criteria in Policy 205.1.1. These three T
10 categories are: Natural Area(Tier 1); Transition and Sprawl Reduction Area(Tier I1) on Big Pine W
11 Key and No Name Key only; and Infill Area(Tier III). The purposes, general characteristics, and
17
12 growth management approaches associated with each tier are as follows:
Ir-
13 ri
00
14 CD
15 3. Infill Area (Tier III): Any defined geographic area, where a significant portion of U�
16 land area is not characterized as environmentally sensitive as defined by this Plan, 0
17 except for dispersed and isolated fragments of environmentally sensitive lands of �i
18 less than four acres in area, where existing platted subdivisions are substantially
19 developed, served by complete infrastructure facilities, and within close proximity 00
20 to established commercial areas, or where a concentration of nonresidential uses
21 exists, is to be designated as an Infill Area. New development and redevelopment CD
22 are to be highly encouraged, except within tropical hardwood hammock or pineland
23 patches of an acre or more in area,where development is to be discouraged. Within E
24 an Infill Area are typically found: platted subdivisions with 50 percent or more
25 developed lots situated in areas with few sensitive environmental features; full
26 range of available public infrastructure in terms of paved roads,potable water, and
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I electricity; and concentrations of commercial and other nonresidential uses within
2 close proximity. In some Infill Areas, a mix of nonresidential and high-density
3 residential uses (generally 8 units or more per acre) may also be found that form a
4 Community Center. E
5
6 Objective 2031 0
7 Monroe County shall protect its mangrove wetlands by continuing to implement regulations which a.
8 will further reduce disturbances to mangroves and which will mitigate the direct and indirect
9 impacts of development upon mangroves. [§163.3177(6)d.2.d., F.S.; §163.3177(6)d.2.e., F.S.;
10 §163.3177(6)d.2.j., F.S.] a
11
12 Policy 203.1.1
13 The open space requirement for mangrove wetlands shall be one hundred (100) percent. No fill
14 or structures shall be permitted in mangrove wetlands except for elevated, pile-supported as
15 walkways, docks, piers and utility pilings. [§163.3177(6)d.2.d., F.S.; §163.3177(6)d.2.e., F.S.; U)
16 §163.3177(6)d.2.j., F.S.] 0
17
18 Goal 601: Monroe County shall adopt programs and policies to facilitate access by residents to
19 adequate and affordable housing that is safe, decent, and structurally sound, and that meets the
20 needs of the population based on type, tenure characteristics, unit size and individual preferences. 0
21 6
22 Policy 601.1.4
23 All affordable housing projects which receive development benefits from Monroe County,
24 including but not limited to ROGO allocation award(s)reserved for affordable housing,maximum
25 net density, or donations of land, shall be required to maintain the project as affordable for a period
26 of 99 years pursuant to deed restrictions or other mechanisms specified in the Land Development
27 Code, and administered by Monroe County or the Monroe County Housing Authority.
28
29 Policy 601.1.8 U)
30 Monroe County shall allocate at least 20% of the annual ROGO allocation, or as may be
31 established by the State of Florida, pursuant to Administration Commission Rules, to affordable
32 housing units, as specified in Policy 101.3.3. Affordable housing eligible for this separate
33 allocation must meet the criteria established in the Land Development Code.
34 00
35 Policy 601.1.9
36 Monroe County shall maintain land development regulations which may include density bonuses, 0
37 impact fee waiver programs, and other possible regulations to encourage affordable housing. 00i
38
cas
39 B. The proposed amendment is consistent with the Lower Keys Livable Communikeys Plan. 001
40 Specifically,it furthers:
41
42 Objective 1.2
43 Monroe County shall continue to use the Land Use District Map and Future Land Use Map
44 categories to regulate land use by type, density, and intensity. E
45
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I Policy Item 1.2.1: Monroe County shall continue to recognize the FLUM categories and land use
2 districts as the primary regulatory tools for evaluating development proposals.
3
4 Policy Item 1.2.2: Monroe County shall continue to implement the Florida Keys Area of State E
5 Critical Concern and height restriction policies specified within the Monroe County
6 Comprehensive Plan and the Monroe County Land Development Code.
7
8 Objective 4.2
9 Monroe County shall encourage affordable and workforce housing in areas identified appropriate
10 for higher intensity commercial, mixed-use, and residential development. 0
a
11 �
12 C. The amendment is consistent with the Principles for Guiding Development for the Florida
13 Keys Area, Section 380.0552(7), Florida Statutes.
14 as
15 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan U)
16 with the principles for guiding development and any amendments to the principles, the principles 0
17 shall be construed as a whole and no specific provision shall be construed or applied in isolation
18 from the other provisions.
19 (a) Strengthening local government capabilities for managing land use and development so that local government is
20 able to achieve these objectives without continuing the area of critical state concern designation. 0
21 (b) Protecting shoreline and benthic resources,including mangroves,coral reef formations,seagrass beds,wetlands, _
22 fish and wildlife,and their habitat. 0
23 (c) Protecting upland resources,tropical biological communities,freshwater wetlands,native tropical vegetation(for ca
24 example,hardwood hammocks and pinelands),dune ridges and beaches,wildlife,and their habitat. (s
25 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic development. cu
26 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys. I-
27 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, and ensuring c
28 that development is compatible with the unique historic character of the Florida Keys.
29 (g) Protecting the historical heritage of the Florida Keys.
30 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed major public
31 investments,including: 0
32
33 1. The Florida Keys Aqueduct and water supply facilities;
34 2. Sewage collection,treatment,and disposal facilities;
35 3. Solid waste treatment,collection,and disposal facilities;
36 4. Key West Naval Air Station and other military facilities; y
37 5. Transportation facilities; 00
38 6. Federal parks,wildlife refuges,and marine sanctuaries; �I
39 7. State parks,recreation facilities,aquatic preserves,and other publicly owned properties; g,
40 8. City electric service and the Florida Keys Electric Co-op; and 0
41 9. Other utilities,as appropriate. �I
42
43 (i) Protecting and improving water quality by providing for the construction, operation, maintenance, and 001
44 replacement of stormwater management facilities;central sewage collection;treatment and disposal facilities;and
45 the installation and proper operation and maintenance of onsite sewage treatment and disposal systems.
46 (j) Ensuring the improvement of nearshore water quality by requiring the construction and operation of wastewater
47 management facilities that meet the requirements of ss. 381.0065(4)(1) and 403.086(10), as applicable, and by
48 directing growth to areas served by central wastewater treatment facilities through permit allocation systems.
49 (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida Keys. E
50 (1) Making available adequate affordable housing for all sectors of the population of the Florida Keys. 0
51 (m) Providing adequate alternatives for the protection of public safety and welfare in the event of a natural or
52 manmade disaster and for a postdisaster reconstruction plan.
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I (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining the Florida
2 Keys as a unique Florida resource.
3
4 Pursuant to Section 380.0552(7)Florida Statutes,the proposed amendment is not inconsistent with
5 the Principles for Guiding Development as a whole and is not inconsistent with any Principle.
6 X
7 D. The proposed amendment is consistent with the Part II of Chapter 163,Florida Statute(F.S.).
8 Specifically, the amendment furthers:
9
10 163.3161(4), F.S. — It is the intent of this act that local governments have the ability to preserve 0
11 and enhance present advantages; encourage the most appropriate use of land, water, and
12 resources, consistent with the public interest; overcome present handicaps; and deal effectively 2
13 with future problems that may result from the use and development of land within their
14 jurisdictions. Through the process of comprehensive planning,it is intended that units of local
15 government can preserve, promote, protect, and improve the public health, safety, comfort, S
16 good order, appearance, convenience, law enforcement and fire prevention, and general U'
0
17 welfare; facilitate the adequate and efficient provision of transportation, water, sewerage
18 schools, parks, recreational facilities, housing, and other requirements and services; and
19 conserve, develop, utilize, and protect natural resources within their jurisdictions.
20 0
21 163.3161(6),F.S. —It is the intent of this act that adopted comprehensive plans shall have the legal
22 status set out in this act and that no public or private development shall be permitted except in 0
23 conformity with comprehensive plans, or elements or portions thereof, prepared and adopted
24 in conformity with this act.
25
26 163.3177(1), F.S. — The comprehensive plan shall provide the principles, guidelines, standards,
27 and strategies for the orderly and balanced future economic, social, physical, environmental,
28 and fiscal development of the area that reflects community commitments to implement the plan
29 and its elements. These principles and strategies shall guide future decisions in a consistent r-
30 manner and shall contain programs and activities to ensure comprehensive plans are T
31 implemented. The sections of the comprehensive plan containing the principles and strategies,
32 generally provided as goals, objectives, and policies, shall describe how the local government's
33 programs, activities, and land development regulations will be initiated,modified,or continued
34 to implement the comprehensive plan in a consistent manner. It is not the intent of this part to00
35 require the inclusion of implementing regulations in the comprehensive plan but rather to �i
36 require identification of those programs, activities, and land development regulations that will U
37 be part of the strategy for implementing the comprehensive plan and the principles that CO
38 describe how the programs, activities, and land development regulations will be carried out.
39 The plan shall establish meaningful and predictable standards for the use and development of (n
00
40 land and provide meaningful guidelines for the content of more detailed land development and
41 use regulations.
42
43 163.3187, F.S. —Process for adoption of small-scale comprehensive plan amendment.-
44 (1) A small scale development amendment may be adopted under the following conditions: E
45 (a) The proposed amendment involves a use of 10 acres or fewer and:
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I (b) The cumulative annual effect of the acreage for all small scale development
2 amendments adopted by the local government does not exceed a maximum of 120 acres
3 in a calendar year.
4 (c) The proposed amendment does not involve a text change to the goals, policies, and E
5 objectives of the local government's comprehensive plan, but only proposes a land use
6 change to the future land use map for a site-specific small scale development activity. 0
7 However, text changes that relate directly to, and are adopted simultaneously with, the a.
8 small scale future land use map amendment shall be permissible under this section.
9 (d) The property that is the subject of the proposed amendment is not located within an
10 area of critical state concern, unless the project subject to the proposed amendment 0
a
11 involves the construction of affordable housing units meeting the criteria of s.
12 420.0004(3), and is located within an area of critical state concern designated by s.
13 380.0552 or by the Administration Commission pursuant to s. 380.05(1).
14 (2) Small scale development amendments adopted pursuant to this section require only one as
15 public hearing before the governing board,which shall be an adoption hearing as described U)
16 ins. 163.3184(11). 0
17 (3) If the small scale development amendment involves a site within a rural area of
18 opportunity as defined under s. 288.0656(2)(d)for the duration of such designation,the 10-
19 acre limit listed in subsection (1) shall be increased by 100 percent to 20 acres. The local
20 government approving the small scale plan amendment shall certify to the state land c
21 planning agency that the plan amendment furthers the economic objectives set forth in the 6
22 executive order issued under s. 288.0656(7), and the property subject to the plan
23 amendment shall undergo public review to ensure that all concurrency requirements and
4-
24 federal, state, and local environmental permit requirements are met.
25 (4) Comprehensive plans may only be amended in such a way as to preserve the internal
26 consistency of the plan pursuant to s. 163.3177. Corrections, updates, or modifications of
27 current costs which were set out as part of the comprehensive plan shall not, for the
28 purposes of this act, be deemed to be amendments.
29 (5)(a) Any affected person may file a petition with the Division of Administrative Hearings 2
30 pursuant to ss. 120.569 and 120.57 to request a hearing to challenge the compliance of a
31 small scale development amendment with this act within 30 days following the local
32 government's adoption of the amendment and shall serve a copy of the petition on the local
33 government. An administrative law judge shall hold a hearing in the affected jurisdiction
34 not less than 30 days nor more than 60 days following the filing of a petition and the 00
35 assignment of an administrative law judge. The parties to a hearing held pursuant to this
36 subsection shall be the petitioner, the local government, and any intervenor. In the 0
37 proceeding, the plan amendment shall be determined to be in compliance if the local CO
38 government's determination that the small scale development amendment is in compliance
39 is fairly debatable. The state land planning agency may not intervene in any proceeding 001
40 initiated pursuant to this section.
41 (b) 1. If the administrative law judge recommends that the small scale development
42 amendment be found not in compliance, the administrative law judge shall submit the
43 recommended order to the Administration Commission for final agency action. If the
44 administrative law judge recommends that the small scale development amendment be E
45 found in compliance, the administrative law judge shall submit the recommended order to
46 the state land planning agency.
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1 2. If the state land planning agency determines that the plan amendment is not in
2 compliance, the agency shall submit, within 30 days following its receipt, the
3 recommended order to the Administration Commission for final agency action. If the state
4 land planning agency determines that the plan amendment is in compliance, the agency E
5 shall enter a final order within 30 days following its receipt of the recommended order.
6 (c) Small scale development amendments may not become effective until 31 days after 0
7 adoption. If challenged within 30 days after adoption, small scale development a.
8 amendments may not become effective until the state land planning agency or the
9 Administration Commission,respectively,issues a final order determining that the adopted
10 small scale development amendment is in compliance. 0
a
11 (d) In all challenges under this subsection, when a determination of compliance as
12 defined in s. 163.3184(1)(b) is made, consideration shall be given to the plan amendment
13 as a whole and whether the plan amendment furthers the intent of this part.
14 as
15 163.3201, F.S. — Relationship of comprehensive plan to exercise of land development regulatory U)
16 authority. It is the intent of this act that adopted comprehensive plans or elements thereof 0
17 shall be implemented,in part,by the adoption and enforcement of appropriate local regulations
18 on the development of lands and waters within an area. It is the intent of this act that the
19 adoption and enforcement by a governing body of regulations for the development of land or
20 the adoption and enforcement by a governing body of a land development code for an area c
21 shall be based on, be related to, and be a means of implementation for an adopted 6
22 comprehensive plan as required by this act.
23
4-
24 VIL PROCESS
25
26 Comprehensive Plan Amendments may be proposed by the Board of County Commissioners, the
27 Planning Commission, the Director of Planning, or the owner or other person having a contractual
28 interest in property to be affected by a proposed amendment. The Director of Planning shall review
29 and process applications as they are received and pass them onto the Development Review Committee .2
30 and the Planning Commission.
31
32 The Planning Commission shall hold at least one public hearing. The Planning Commission shall
33 review the application, the reports and recommendations of the Department of Planning &
34 Environmental Resources and the Development Review Committee and the testimony given at the Qi
35 public hearing. The Planning Commission shall submit its recommendations and findings to the Board U
36 of County Commissioners (BOCC). For a small-scale comprehensive plan amendment, pursuant to 0
37 Section 163.3187, F.S., the BOCC holds one public hearing to consider the adoption of the proposed �i
38 comprehensive plan amendment, and considers the staff report, staff recommendation, and the (i
39 testimony given at the public hearing. 00
40
41 VIIL STAFF RECOMMENDATION
42
43 Staff is requesting edits to comply with the requirements of the small scale amendment requirements a
44 and internal consistency with the Comprehensive Plan. With the changes as stated in this staff report,
45 staff recommends approval of the proposed amendment creating Policy 107.1.8.
46
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3 1. Ordinance
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4
5 MONROE COUNTY, FLORIDA
6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
7 ORDINANCE NO. -2019 E
8
9 AN ORDINANCE BY THE C NR COUNTY BOARD OF COUNTY X
10 COMMISSIONERS AMENDING THE MONROECOUNTY
11 COMPREHENSIVE PLAN S A SMALL-SCALE COMPREHENSIVE
12 PLAN AMENDMENT T PURSUANT TO SECTION 163.3187, FLORIDA 2
1.3 STATUTES, CREATING POLICY 107.1.8 SUGARLOAF SCHOOL
14 RKF III' : USI SUBAREA; ESTABLISHING THE BOUNDARY �
15 OF THE SUGARLOAF SCHOOL WORKFORCE CE HOUSING SUBAREA;
1.6 LIMITING TIIIL PERMITTED USES OF THE SUBAREA TO DEED
1.7 RESTRICTED AFFORDABLE HOUSING DWELLING UNITS;LIMITING
IC
18 MAXIMUM NET DENSITY SITY FOR IFFO ABL HOUSING IN THE
19 SUBAREA; AND ELIMINATING INATING ALLOCATED NSIT AND FLOOR
20 AREA. RATIO FOR A ®81-ACRE PORTION OF PROPERTY LOCATED �
21 AT 255 CRANE BOULEVARD CAN SUGARLOAF KEY ,S PROPOSED B
22 THE SCHOOL BOARD OF MCI CIE COUNTY; PROVIDING FOR
23 SEVE ILITY; PROVIDING FOR EPE L OF CONFLICTING
24 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND 0
25 PLANNING AGENCY Y AND THE SECRETARY OF STATE; PROVIDING
26 FOR INCLUSION IN THEMONROE COUNTY T COMPREHENSIVE
�5
27 PLAN; PROVIDING FOR AN EFFECTIVE DATE. (FILL 201 -03 )
2'
29
30
31 WHEREAS, on March 1, 2019,. the Manning and Environmental Resources Departnrrent
32 received an application from the ,School Board of Monroe County, Florida (the "Applicant to
33 amend the Monroe County Year 2030 Comprehensive plan to create Policy 107,1,8 Sugarloaf
34 School Worktbree Housing Area that would provide additional development restrictions on the 001
35 surbject parcel, including a limitation that the only permitted use on the property would be
36 affordable housing and accessory uses to accompany a proposed Future Land Use Map (FL1..1M)
37 amendment from Education (E) to Mixed Use / Commercial (MC) for a 2. 1-acre portion of
38 property located at 255 Crane Boulevard on Sugarloaf Key,
39
40 WHEREAS, the Monroe County Development Review Committee (DRC) considered the �
41 proposed amendments at a regularly scheduled meeting held on the 23"r day of April, 201.9; and
42
43 WHEREAS, on April 23, 2019, the Monroe County Development Review Committee
44 (DRC) reviewed the proposed amendment; and
45
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1 WHEREAS, the Monroe County Planning Commission held a public hearing on the 291h
2 day of May, 2019, for review and recommendation on the proposed Comprehensive Plan text
3 amendment; and
4
5 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P20-19
6 recommending to the BOCC approval, as discussed during the Planning Commission hearing, of
7 the proposed amendment; and
8
9 WHEREAS, the proposed text amendment qualifies as a small-scale comprehensive plan
10 amendment pursuant to Section 163.3187,Florida Statutes, for which the BOCC holds one public
1 i hearing to consider the adoption of the proposed comprehensive plan amendment, and considers
12 the staff report, staff recommendation, and the testimony given at the public hearing; and
13
14 WHEREAS,at a regular meeting held on the 215'day of August,2019, the Monroe County
15 Board of County Commissioners held a public hearing to consider adoption of the proposed text (n
16 amendment, considered the staff report and provided for public comment and public participation
U)
17 in accordance with the requirements of state law and the procedures adopted for public
18 participation in the planning process;
19
20 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
21 COMMISSIONERS OF MONROE COUNTY,FLORIDA:
22
23 Section 1. The text of the Monroe County Comprehensive Plan is hereby amended as follows
24 (deletions are shown strieken t�Ae additions are shown underlined):
25
26 Policy 107.1.8 Sugarloaf School Workforce Housing Subarea
27
28 Development in the Sugarloaf School Workforce Housing Subarea shall be subject to the
29 provisions applicable to the Mixed Use/Commercial MC Future Land Use Mqp Designation,
30 as set forth by the Monroe County Year 2030 Comprehensive Plan and the Suburban
31 Commercial (SC) Land Use District (Zoning) category. 1
00
32 The following additional restrictions shall apply:
33 1. Notwithstanding the maximum density set forth by Policy 101.5.25,the Maximum Net
34 Density of the Sugarloaf School Workforce Housing Area shall be 20 affordable
35 dwelling units. E
36 2. Nonresidential uses shall be prohibited. Accessory uses to the residential development,
37 such as recreational facilities shall be permitted.
38 3. The maximum floor area ratio (FAR)for all nonresidential uses within the subarea shall
39 be zero.
40 4. For consistency with Policy 101.5.26,in order to implement the Florida Keys Carrying
41 Capacity Study and maintain the overall County allocated density and the preservation
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I of native habitat the allocated density for the Sugarloaf School Workforce HousinLy
2 Subarea_shall be zero (0).
3 5. There shall_be no maximum net density standard available for market rate dwelling
4 units or transient units.
5 6. All new residential units developed within the subarea shall be subject to the ROGO
6 permit allocation system. 0
7 7. The Boundary of the Sugarloaf School Workforce Housing Subarea shall include
8 approximately 2.81 acres of upland, and is legally described as:
9
�s
10 A part of Government Lot 2,Section 36,Township 66 South, Range 27 East,Sugarloaf
11 Key,Monroe County Florida being more particularly described as follow: 2
12 a.
CU
13 COMMENCING_at the Northeast corner of said Section 36, thence N89°47'35"W
CU
14 along the North line of the said Section 36 for a distance of 1550.96 feet to the Northeast
15 corner of lands described in Official Records Book 2350, at Page 420 of the Public
16 Records of Monroe County, Florida, said point bearing S89°47'35"E along the said
in
17 North line of Section 36 a distance of 1089.00 feet measured from the East Right of
18 Way line of Crane Boulevard; thence 500°11'12"W along the East boundary line of
19 the said lands described in Official Records Book 2350, at Page 420 of the Public
20 Records of Monroe County , Florida, for a distance of 65.66 feet to the Point of
21 Beginningof f the parcel of land hereinafter described,; thence continue S00°11'12"W
22 along the previously described course for a distance of 334.34 feet to the Southeast
23 corner of lands described in Official Records Book 2350 at Page 420 of the Public
24 Records of Monroe County ,_Florida, for a distance of 366.27 feet to a point; thence
25 N00°11'12"E for a distance of 334.34 feet to appoint; thence S89°47'35"E for a m
26 distance of 366.27 feet back to the Point of Beginning. Said parcel of land contains 2
27 122,458.33 square feet, more or less.
C
IQ 00118050-000000 00
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Mile Marker 19
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29
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3 Section 2. Several�ilit , If any section, subsection, sentence, clause, item, change, or
4 provision of this ordinance is held invalid, the remainder of this ordinance shall not
5 be affected by such validity,
6
7 Section L Repe A of Inconsistent Pi-ovi,sions. All ordinances or parts of ordinances in E
8 conflict with this ordinance are hereby repealed to the extent of said conflict. X
9
10, Section 4. Filing and Effective Date. This ordinance shall be, filed in the Office of the
.11 Secretary of the State of Florida and shall become effective as provided by law.
.2
0
12 a.
13 Section 5. Inclusion in the Comprehensive Plan. The text amendment shall be incorporated
14 in the Monroe County Comprehensive Plan. The numbering of the foregoing
15 amendment may be renumbered to conform to the numbering in the Monroe County
16 Comprehensive Plan.
U)
17 0
Z:
18 PASSED Al' D ADOPTED by the Board of County Commissioners of Monroe County,
19 Florida, at a regular meeting held on the 21" day of Aug'ust, 2019,
0
20
21 Mayor Sylvia Murphy, District 5 0
22 Mayor Pro Tem Danny L. Kolhage, District 1 6
0
23 Commissioner Michelle Coldiron, District 2
24 Con-inussioner Heather Carruthers, District 3
4-
25 Commissioner David Rice, District 4
26
27
28
29 BOARD OF COUNTY COMMISSIONERS
30 OF MONROE COUNTY, FLORIDA
31
32 BY 0
00
33 Mayor Sylvia Murphy M
34 (SEAL)
35 C14
36 ATTEST: KEVIN MADOK, CLERK
37 M01FCOUNTWY, NEY
TT E
38 91 ASIFQAW.
39 DEPUTY CLERK
1'. WHIIAMS
ASSISTAHI,0�01'h ATTORNEV'
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