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Item O02 _ 0.2 County ®1 �/�O ®e 060 c��': BOARD OF COUNTY COMMISSIONERS lrl "'' Mayor Heather Carruthers,District 3 -Ile Florida Keys Mayor Pro Tern Michelle Coldiron,District 2 Craig Cates,District 1 David Rice,District 4 Sylvia J.Murphy,District 5 County Commission Meeting April 15, 2020 Agenda Item Number: 0.2 Agenda Item Summary #6419 BULK ITEM: No DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2506 1:30 PM PUBLIC HEARING AGENDA ITEM WORDING: A public hearing regarding An Ordinance by the Monroe County Board of County Commissioners amending the Monroe County Land Use District (Zoning) Map from Urban Residential Mobile Home (URM) to Urban Residential (UR) for property located at 6325 First Street and 6125 Second Street, Stock Island, approximately Mile Marker 5, as proposed Smith/Hawks PL on behalf of Wreckers Cay Apartments, LLC (File 2018-121) ITEM BACKGROUND: June 20, 2018, the Planning and Environmental Resources Department received an application from Barton W. Smith of Smith Hawks PL on behalf of Wreckers Cay Apartments at Stock Island, LLC (the "Applicant,") to amend the Land Use District (Zoning) Map from Urban Residential Mobile Home (URM) to Mixed Use (MU), for property located at 6325 First Street and 6125 Second Street, Stock Island. .� 4 . . t d 137 s'JE \ � / ' Y� 2 SAVE Lx In'V Existing Zoning Map Designation Proposed Zoning Map Designation Packet Pg. 2260 0.2 Related Applications The Applicant has also requested the following: • A text amendment to the Monroe County Comprehensive Plan to create a new goal and objective to incentivize affordable housing on Stock Island, and to establish a site specific subarea policy to accompany a concurrently proposed Land Use District (Zoning) Map amendment from Urban Residential Mobile Home (URM) to Urban Residential (UR) for a portion of the property; • A text amendment to the Land Development Code Section 130-157 to allow for increased density for properties with MU and UR zoning districts, within Stock Island that apply for an receive a site specific subarea policy as established in the Comprehensive Plan; • A development agreement for the redevelopment of properties collectively known as "Wrecker's Cay," involving 280 affordable dwelling units; a maximum height for structures of 38 feet from grade, mechanical equipment and architectural features utilized to hide mechanical equipment, including parapets, may be up to 44 feet above grade, and such structures may contain three (3) habitable floors; and the transfer of 80 market rate TREs and 18 transient TREs. The ten year agreement includes a proposed conceptual site plan, with the proposed development pursuant to the proposed amendments to the Comprehensive Plan and Land Development Code (described above); • A right-of-way abandonment for a portion of Laurel Ave.; • A right-of-way abandonment for a portion of Maloney/I" Street.; and • A request to reserve 280 affordable ROGO allocations. Community Meeting and Public Participation In accordance with LDC Section 102-159(a), a community meeting was held on April 30, 2019 at 5:30 PM to discuss the proposed Land Use District (Zoning) Map amendment and to provide for public participation. Public comment included concerns about potential maximum net density, market-rate/workforce as provided under LDC Section 139-1, reason for inclusion of suburban commercial (SC) zoning district, rental/ownership of units, definition of workforce housing, transferring allocated density, impact to protest procedure, and internal consistency between proposed goal, objective and policy. Development Review Committee and Public Input At a regular meeting held on June 25, 2019, the Development Review Committee (DRC) considered the proposed FLUM map amendment and provided for public comment. Planning Commission and Public Input At a regular meeting held on July 31, 2019, the Planning Commission considered the proposed Land Development text amendment, provided for public comment and recommended approval of the proposed amendment through Resolution P30-19. III. AMENDMENT REVIEW The following table shows the maximum allocated density and intensity by the existing and proposed zoning district. Packet Pg. 2218 Adopted Development Existing Zoning Type Standards potential based upon density Urban Residential Mobile Residential I DU/Iot 14 units Home(V" Allocated Density 'Total Upland Area: Residential Max Net Density .4,.19 acres Affordable Residential Max 14 platted lots Transient 5 roams or spaces 20.97 roorns/spaces ,3.35 buildable acres Allocated Density /acre ratio) Maximum Intensity 0 0 SF Proposed Zoning Ty Adopted Development pe Standards potential based upon density Allocated Density Urban Residential(UR) 'Total Upland Area: Residential Max Net Density acre 4.19 acres 14 platted lots Net Density acre 83.87 units (4.19 ac—0.,2 open space Allocated Density spaces 41.93 roorn/space ratio) /acre Nonresidential 0,FAR 0 SF Maximum Intensity Residential Market Rate Allocated: +11.16 units TDRAIarket Rate,Residential Max Net: +40.26 units Net Change in Development Affordable Residential Max Net-+83.87 units affordable Potential Based on Zoning Transient Allocated: +20.96 rooms/spaces(no change) rNonresidential. 0 SF The proposed Zoning amendment would result inun increase nf ||.|0 units in permanent allocated residential development potential; an increase in 4020 units rnurin\un\ net density residential potential for market rate units with the use of T[)Rs; an increase in 83.87 units of affordable residential rnurin\un\ net development potential; an increase in development potential of 20.90 rooms/spaces for transient units; and nn change innonresidential development potential. 0.2 The proposed Zoning amendment is consistent with the Monroe County Land Development Code Section 102-158(d)(5)b, specifically with factor 4. New issues. The applicant has proposed a corresponding Comprehensive Plan Text amendment to create a new goal and objective to incentivize affordable housing on Stock Island, and to establish a site specific subarea policy that would only allow affordable housing on the Property. The proposed land use district of Urban Residential (UR) would allow for the development of affordable housing dwelling units on the property. The subject property's current FLUM designation of RH is consistent with proposed UR zoning district. Note, Sections 163.3194 and 163.3201, F.S., require land development regulations to be consistent with and implement the Comprehensive Plan. PREVIOUS RELEVANT BOCC ACTION: On August 21, 2019, at a regularly scheduled meeting, the BOCC held a public hearing to consider the transmittal of the proposed text amendment (File 2018-120), 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 transmitted the proposed amendment to the State Land Planning Agency (DEO) for review and comment. Following their review of the proposed amendment, DEO issued an Objections, Recommendations and Comments (ORC) report on November 22, 2019 (attached). The ORC report did not identify any objections or recommendations. The ORC included one technical comment: Stock Island is within the Military Installation Area of Impact (MIAI). The county has several policies related to reducing and maintain densities within the MIAI and Coastal High hazard area. The County should consider the 65-69 DNL Noise Zone 2 as they approve receiver sites for the proposed units. Additionally, the county should adopt a map into the Future Lan Use series that depicts the proposed subarea and provide a legal description. 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 Zoning amendment from URM to UR. DOCUMENTATION: 2018-121 BOCC SR 01.22.20 Ex.l_WreckersCay_LUD_2018-121 DEO_ORC_11.22.19 2018-121 P30-19 Packet Pg. 2220 0.2 2018-121 P30-19 +WreckersCay_LUD_Ordinance FINANCIAL IMPACT: Effective Date: N/A Expiration Date: N/A Total Dollar Value of Contract: N/A Total Cost to County: N/A Current Year Portion: N/A Budgeted: N/A Source of Funds: CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: N/A If yes, amount: N/A Grant: N/A County Match: N/A Insurance Required: N/A Additional Details: N/A REVIEWED BY: Emily Schemper Completed 12/30/2019 10:10 AM Steve Williams Completed 01/06/2020 9:50 AM Maureen Proffitt Completed 01/06/2020 10:41 AM Assistant County Administrator Christine Hurley Completed 01/07/2020 6:42 PM Budget and Finance Completed 01/08/2020 8:06 AM Maria Slavik Completed 01/08/2020 8:46 AM Kathy Peters Completed 01/08/2020 10:35 AM Board of County Commissioners Pending 01/22/2020 9:00 AM Packet Pg. 2221 0.2.a 1 14 2 � . } 3 4 MEMORANDUM 5 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT 6 We strive to be caring,professional and fair 7 8 9 To: Monroe County Board of County Commissioners A 10 11 Through: Emily Schemper, AICP, CFM, Senior Director of Planning & Environmental Resources 12 13 From: Cheryl Cioffari, AICP, Assistant Director of Planning 14 0 15 Date: December 23, 2019 16 LO 17 Subject: An Ordinance by the Monroe County Board of County Commissioners amending the Ir- 18 Monroe County Land Use District (Zoning) Map from Urban Residential Mobile Home 19 (URM) to Urban Residential (UR) for property located at 6325 First Street and 6125 20 Second Street, Stock Island, approximately Mile Marker 5, as proposed Smith/Hawks PL 21 on behalf of Wreckers Cay Apartments, LLC (File 2018-121) 22 U- LO 23 Meeting: July 31, 2019 24 25 I. REQUEST 26 E 27 28 June 20, 2018, the Planning and Environmental Resources Department received an application from 29 Barton W. Smith of Smith Hawks PL on behalf of Wreckers Cay Apartments at Stock Island, LLC 30 (the"Applicant,")to amend the Land Use District(Zoning)Map from Urban Residential Mobile Home 31 (URM) to Mixed Use (MU), for property located at 6325 First Street and 6125 Second Street, Stock 32 Island. 33 Q cv i i i cv 00 cv BOCC SR 01.22.20 Page 1 of 14 File 2018-121 Packet Pg. 2222 0.2.a U) i s r r 1 rl x O rn ; .—.VE R�E r 2NQAVE —4 v 2 Existing Zoning Map Designation Proposed Zoning Map Designation in 3 LO N 4 Related Applications 5 The Applicant has also requested the following: 6 • A text amendment to the Monroe County Comprehensive Plan to create a new goal and objective ;c co 7 to incentivize affordable housing on Stock Island, and to establish a site specific subarea policy to 8 accompany a concurrently proposed Land Use District (Zoning) Map amendment from Urban ii 9 Residential Mobile Home (URM) to Urban Residential (UR) for a portion of the property; M 10 • A text amendment to the Land Development Code Section 130-157 to allow for increased density r 11 for properties with MU and UR zoning districts, within Stock Island that apply for an receive a 12 site specific subarea policy as established in the Comprehensive Plan; c 13 • A development agreement for the redevelopment of properties collectively known as "Wrecker's 14 Cay," involving 280 affordable dwelling units; a maximum height for structures of 38 feet fromcc Q a 15 grade, mechanical equipment and architectural features utilized to hide mechanical equipment, 2 16 including parapets, may be up to 44 feet above grade, and such structures may contain three (3) 17 habitable floors; and the transfer of 80 market rate TREs and 18 transient TREs. The ten year —J- 18 agreement includes a proposed conceptual site plan, with the proposed development pursuant to N N 19 the proposed amendments to the Comprehensive Plan and Land Development Code (described 20 above); CDi 21 • A right-of-way abandonment for a portion of Laurel Ave.; co 22 • A right-of-way abandonment for a portion of Maloney/1st Street.; and 0 23 • A request to reserve 280 affordable ROGO allocations. mi 24 N 25 II. BACKGROUND INFORMATION o0 26 Site Information: N 27 Location: MM 5, Stock Island c 28 Address: 6325 First Street and 6125 Second Street on Stock Island E r r Q BOCC SR 01.22.20 Page 2 of 14 File 2018-121 Packet Pg. 2266 0.2.a I Parcel ID Number: 00124560-000000 and 00124550-000000 2 Owner/Applicant: Wrecker's Cay Apartments at Stock 3 Island, LLC v 4 Size of Affected Portion of Property: 182,663 SF(4.19 acres) 5 • 00124550-000000: 88,913 SF (2.04 acres) per survey by i 6 Robert E. Reece of ALTA/NSPS Land Title Survey, { 7 dated 4/30/2018; and 8 • 00124560-000000: 93,750 SF (2.15 acres)per survey by 9 Robert E. Reece of ALTA/NSPS Land Title Survey, 10 dated 4/30/2018. ° in 11 FLUM Designations: Residential High (RH) in 12 Land Use District: Urban Residential Mobile Home (URM) 13 Tier Designation: III ` c 14 Flood Zones: AE (EL 9 and 10) Habtt co 15 CERS: Nod Ln 16 Existing Use: Vacant (previously developed with 2 mobile T- 17 home parks and accessory uses and structures) 18 Existing Vegetation/Habitat: Developed Land and Mangrove cc r 19 Community Character of Immediate Vicinity: Adjacent land uses include nonresidential to the en r 20 north and west, residential and public uses to the south; and open water to the east across US 1. 21 U", 22 The property currently has a Land Use District (Zoning) designation of Urban Residential Mobile M 23 Home (URM) and a Future Land Use Map (FLUM) designation of Residential High (RH). The r 24 property was within the URM (urban residential mobile home) district prior to September 15, 1986. 25 With the adoption of the Comprehensive Plan's FLUM in 1997, the property was given the current E 26 FLUM designation of Residential High (RH). 27 E Q 28 The property was previously developed with two (2) mobile home parks locally known as Tropic cc 29 Palms Mobile Home Park and Woodson's Trailer Park and accessory uses and structures. A vegetation 2 30 survey/existing conditions report was not submitted with the application to confirm the habitats. 31 —J- 32 The Applicant states that the reason for the proposed amendment is: N N The basis for the Amendment is a change to projections, changed assumptions, new issues N of ectin�t the Florida Keys and the recognition of a need for additional detail or e� comprc1,c ,r,c,-c . The purpose of the Amcndment is to provide the hospitality,working W waterfront, industrial, and ether commercial uses in Key West, Stock Island, and the � U surrounding areas with much needed workforce housing which, under the current v Comprehensive Plan and Land Development Regulations, the County and Applicant are mi 33 unable to provide or construct. N 34 35 The Applicant's full explanation and justification of the proposed amendments is included in the file N 36 for the application (File 92018-121). 37 r r Q BOCC SR 01.22.20 Page 3 of 14 File 2018-121 Packet Pg. 2267 0.2.a I Staff has reviewed the Applicants' position and supporting documentation, and concurs the request 2 identifies a new issue and provides an opportunity to provide additional affordable housing units. Staff 3 is also reviewing the proposed amendment for consistency with State Statutes, Rules, internal 4 consistency with the Comprehensive Plan and balancing all these items and policy issues. 5 6 Community Meeting and Public Participation 7 In accordance with LDC Section 102-159(a), a community meeting was held on April 30,2019 at 5:30 8 PM to discuss the proposed Land Use District (Zoning) Map amendment and to provide for public 9 participation. Public comment included concerns about potential maximum net density, market- A 10 rate/workforce as provided under LDC Section 139-1, reason for inclusion of suburban commercial 11 SC zoning district rental/ownership of units definition of workforce housing, transferring allocated ( ) g � p � g� g � 12 density, impact to protest procedure, and internal consistency between proposed goal, objective and 13 policy. 14 0 15 Development Review Committee and Public Input 16 At a regular meeting held on June 25, 2019, the Development Review Committee (DRC) considered LO 17 the proposed FLUM map amendment and provided for public comment. Ir- 18 19 Planning Commission and Public Input 20 At a regular meeting held on July 31, 2019, the Planning Commission considered the proposed Land 21 Development text amendment, provided for public comment and recommended approval of the E 22 proposed amendment through Resolution P30-19. LO LO 23 24 Previous Relevant BOCC Action: 25 On August 21, 2019, at a regularly scheduled meeting, the BOCC held a public hearing to consider 26 the transmittal of the proposed text amendment (File 2018-120), considered the staff report, and E 27 provided for public comment and public participation in accordance with the requirements of state law 28 and the procedures adoption for public participation in the planning process. The BOCC transmitted E 29 the proposed amendment to the State Land Planning Agency (DEO) for review and comment. 30 31 Following their review of the proposed amendment, DEO issued an Objections, Recommendations 32 and Comments (ORC) report on November 22, 2019 (attached). The ORC report did not identify any 33 objections or recommendations. The ORC included one technical comment: 34 35 Stock Island is within the Military Installation Area of Impact (MIAI). The county has 36 several policies related to reducing and maintain densities within the MIAI and Coastal 37 High hazard area. The County should consider the 65-69 DNL Noise Zone 2 as they i 38 approve receiver sites for the proposed units. Additionally, the county should adopt a map is 39 into the Future Lan Use series that depicts the proposed subarea and provide a legal 40 description. 41 00 42 The County has 180 days from the date of receipt of the ORC to adopt the proposed amendment, adopt 43 the amendment with changes or not adopt the amendment. 44 a 45 BOCC SR 01.22.20 Page 4 of 14 File 2018-121 Packet Pg. 2225 0.2.a 1 III. AMENDMENT REVIEW 2 3 Maximum Allocated Density and ntensity by Land Use District(Zoning) MapDesi nation Adopted Development Existing Zoning Type Standards potential based upon density Residential 1 DU/lot 14 units Urban Residential Mobile Allocated Density Home (URM) TDR/Market Rate -19 Total Upland Area: Residential Max Net Density N/A 0 units 4.19 acres 182,663 sf Affordable Residential Max N/A 0 units 14 platted lots Net Density Transient 5 rooms or spaces 0 3.35 buildable acres Allocated Density /acre 20.97 rooms/spaces (4.19 ac—0.2 open space LO ratio) Nonresidential 0 0 SF s� Maximum Intensity Development Proposed Zoning Type Adopted potential based Standards upon density Residential LO Allocated Density 6 du/gross acre 25.16 units N Urban Residential(UR) TDR/Market Rate 12 DU/buildable 4026 unit Total Upland Area: Residential Max Net Density acre 4.19 acres 182,663 sf Affordable Residential Max 25 DU/buildable 14 platted lots Net Density acre 83.87 units 3.35 buildable acres Transient 10 rooms or (4.19 ac—0.2 open space Allocated Density spaces 41.93 room/space M ratio) /acre Nonresidential � 0 FAR 0 SF "' Maximum Intensity C14 Residential Market Rate Allocated: +11.16 units cas i TDR/Market Rate Residential Max Net: +40.26 units Net Change s Potential Based on Zoning Development Affordable Residential Max Net: +83.87 units affordable CO IIr- Transient Allocated: +20.96 rooms/spaces (no change) 17 00 Nonresidential: 0 SF cv 4 5 The above table provides an approximation of the development potential for residential, transient and 6 commercial development. Section 130-156(b)of the Land Development Code states: "The density and BOCC SR 01.22.20 Page 5 of 14 File 2018-121 Packet Pg. 2226 0.2.a I intensity provisions set out in this section are intended to be applied cumulatively so that no 2 development shall exceed the total density limits of this article. For example,if a development includes 3 both residential and commercial development, the total gross amount of development shall not exceed 4 the cumulated permitted intensity of the parcel proposed for development." 5 6 As shown in the blue portion of the table, the proposed Zoning amendment would result in an increase 7 of 11.16 units in permanent allocated residential development potential; an increase in 40.26 units 8 maximum net density residential potential for market rate units with the use of TDRs; an increase in 9 83.87 units of affordable residential maximum net development potential; an increase in development A 10 potential of 20.96 rooms/spaces for transient units; and no change in nonresidential development 11 potential. .2 12 13 Any proposed new residential use would be subject to the requirements of Chapter 138 of the Land 14 Development Code related to the Residential Rate of Growth Ordinance (ROGO/NROGO) permit 0 15 process. Any proposed affordable dwelling units would need to obtain a ROGO allocation(affordable 0 16 ROGO allocations may be available)prior to issuance of a building permit. LO 17 18 The portion of the property with Real Estate Number 00124560-000000, received a determination of 19 25 permanent residential dwelling units that are exempt from the Residential Rate of Growth 20 Ordinance (ROGO) in February 2008. A Letter of Development Rights Determination has not been 21 issued for the portion of the property with Real Estate Number 00124550-000000. 22 LO 23 Compatibility with the Surrounding Area 24 a. Existing Vegetation/Habitat: Developed Land 25 b. Existing Tier Designation: III 26 c. Number of Listed Endangered or Threatened Species: none E 27 d. Existing Use: mobile home and accessory uses and structures 28 e. Community Character of Immediate Vicinity: Adjacent land to the north has a FLUM E 29 designation of RH; adjacent land to the west and south is Mixed Use/Commercial (MU)with 30 a small area of Institutional (INS) and open water to the east. Surrounding uses include public 31 uses, residential uses, auto/marine repair services and commercial retail. 32 33 The proposed Zoning amendment is not anticipated to adversely impact the community character of cv 34 the surrounding area and is consistent with the Residential High (RH) Future Land Use Map 35 designation of the property and surrounding area. 36 37 Mobile Home Relocation Study 38 Pursuant to Florida Statutes 723.083 states: "No agency of municipal, local, county, or state 39 government shall approve any application for rezoning, or take any other official action,which would coi 40 result in the removal or relocation of mobile home owners residing in a mobile home park without first � 41 determining that adequate mobile home parks or other suitable facilities exist for the relocation of the 00 42 mobile home owners." 43 N 44 A Mobile Home Relocation Study was completed by Miami Economic Associates, Inc. (MEAI) dated a 45 March 13, 2019. The purpose of the study was to determine that adequate mobile home parks or other c� BOCC SR 01.22.20 Page 6 of 14 File 2018-121 Packet Pg. 2227 0.2.a I suitable facilities exist for the relocation of the mobile home owners pursuant to Florida Statue 2 723.083. 3 4 During the time between when the applicant submitted the LUD amendment and the completion of the 5 Mobile Home Relocation Study, the property owner settled with remaining tenants. The applicant has 6 informed the County that each tenant will be conveying title to their mobile home, thus removing the 7 parks from being subject to Chapter 723. Additionally, each tenant is permitted to stay in their mobile 8 home until July 31, 2019. 9 A 10 IV. CONSISTENCY WITH THE MONROE COUNTY YEAR 2030 COMPREHENSIVE PLAN, 11 THE STOCK ISLAND—KEY HAVEN LIVABLE COMMUNIKEYS PLAN AND THE MONROE 12 COUNTY LAND DEVELOPMENT CODE 13 14 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe 0 15 County Year 2030 Comprehensive Plan,assuming the corresponding FLUM and Subarea Policy 0 16 are adopted and become effective. Specifically,it furthers: LO 17 18 Goal 101: Monroe County shall manage future growth to enhance the quality of life, ensure the 19 safety of County residents and visitors, and protect valuable natural resources. 20 21 Objective 101.1 22 Monroe County shall ensure that all development and redevelopment taking place within its LO 23 boundaries does not result in a reduction of the level-of-service requirements established and M 24 adopted by this comprehensive plan. Further, Monroe County shall ensure that comprehensive 25 plan amendments include an analysis of the availability of facilities and services or demonstrate 26 that the adopted levels of service can be reasonably met. [F.S. § 163.3177; F.S. § 163.3180] 27 a 28 Objective 101.5 29 Monroe County shall regulate future development and redevelopment to maintain and enhance the 30 character of the community and protect natural resources by providing for the compatible 31 distribution of land uses consistent with the designations shown on the Future Land Use Map. 32 `z' 33 Policy 101.5.4 34 The principal purpose of the Residential High(RH)future land use category is to provide for high- ri 35 density single-family, multi-family, and institutional residential development, including mobile Qi 36 homes and manufactured housing, located near employment centers. �s 37 38 Policy 101.5.25 39 Monroe County hereby adopts the following density and intensity standards for the future land use col 40 categories, which are shown on the FLUM and described in Policies 101.5.1 - 101.5.20. N 41 00 42 cv Future Land Use Densities and Intensities as Residential Nonresidential BOCC SR 01.22.20 Page 7 of 14 File 2018-121 Packet Pg. 2228 0.2.a Future Land Use Maximum Net Densit Minimum Category And Allocated Density�a> y(a)(b) Maximum Intensity Open Space >% Corresponding Zoning (her upland acre) (per buildable acre) (floor area ratio) Ratio(0 gj 6 du(UR) 0 Residential High(RH) ldu/lot(URM,URM- 12-25 du(UR)N/A (IS-D,URM, (IS-D 0) URM URM- L) URM-L) L and UR zoning) 2 du/lot(IS-D) 0-20 rooms/spaces 0 0.20 0-10 rooms/spaces A Notes: c (a) The allocated densities for submerged lands, salt ponds, freshwater ponds, and mangroves shall be 0 and the maximum net density bonuses shall not be available. (b) The Maximum Net Density is the maximum density allowable with the use of TDRs,or for qualifying affordable housing development. TDRs can be utilized to attain the density between the allocated density standard up to the maximum net density standard. Deed restricted affordable dwelling units may be built up to the maximum net density without the use of TDRs. "N/A" means that maximum net density bonuses shall not be available. Buildable acres means the portion of a parcel of land that is developable and is not required open space. � (c) Additional open space requirements may apply based on environmental protection criteria; in these cases,the most restrictive requirement shall apply. (d) Future land use categories of Agriculture/Aquaculture, Education, Institutional, Preservation, Public Buildings/Lands, and Public Facilities, which have no directly corresponding zoning, may be used with new or existing zoning districts as appropriate. (e) Within the Mainland Native future land use district,campground spaces and nonresidential buildings shall only be LO 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 as maximum net density bonuses shall not be available. E (g) A mixture of uses shall be maintained for parcels designated as MI zoning district that are within the MC future land as use category. Working waterfront and water dependent uses, such as marina, fish house/market, boat repair, boat building,boat storage, or other similar uses, shall comprise a minimum of 35% of the upland area of the property, adjacent to the shoreline,pursuant to Policy 101.5.6. (h) In the RV zoning district, commercial apartments shall be allowed, not to exceed 10%of total spaces allowed or in existence on the site,whichever is less. M (i) The allocated density for the CFSD-20 zoning district (Little Torch Key) shall be I dwelling unit per acre, or 1 Q dwelling unit per parcel for those parcels existing as of September 15, 1986,whichever is less,and the maximum net ri density bonuses shall not be available.Residential density shall be allowed in addition to the permitted nonresidential C14 uses and intensity(i.e.,density and intensity shall not be counted cumulatively). 0) Within IS subdivisions with primarily single family residential units,IS-D zoning may be used with a RM future land use designation for platted lots which have a duplex that was lawfully established prior to September 15, 1986. �s (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 coo with a maximum net density not exceeding 18 du/buildable acre. (1) Vessels, including live-aboard vessels, or associated wet slips are not considered dwelling units and do not count when calculating density. 00 ***** cv 1 BOCC SR 01.22.20 Page 8 of 14 File 2018-121 Packet Pg. 2229 0.2.a I Goal 102: Monroe County shall direct future growth to lands which are most suitable for 2 development and shall encourage conservation and protection of environmentally sensitive lands 3 (wetlands, beach berm and tropical hardwood hammock). 4 5 Policy 105.2.1 6 Monroe County shall designate all lands outside of mainland Monroe County, except for the Ocean 7 Reef planned development, into three general categories for purposes of its Land Acquisition 8 Program and smart growth initiatives in accordance with the criteria in Policy 205.1.1. These three 9 categories are: Natural Area(Tier 1); Transition and Sprawl Reduction Area(Tier It) on Big Pine A 10 Key and No Name Key only; and Infill Area(Tier III). The purposes, general characteristics, and 11 growth management approaches associated with each tier are as follows: .2 12 13 cas 14 3. Infill Area (Tier III): Any defined geographic area, where a significant portion of land 15 area is not characterized as environmentally sensitive as defined by this Plan, except for 0 16 dispersed and isolated fragments of environmentally sensitive lands of less than four LO 17 acres in area,where existing platted subdivisions are substantially developed, served by N 18 complete infrastructure facilities, and within close proximity to established commercial 19 areas, or where a concentration of nonresidential uses exists, is to be designated as an r_ 20 Infill Area. New development and redevelopment are to be highly encouraged, except 21 within tropical hardwood hammock or pineland patches of an acre or more in area, 22 where development is to be discouraged. Within an Infill Area are typically found: 23 platted subdivisions with 50 percent or more developed lots situated in areas with few LO 24 sensitive environmental features; full range of available public infrastructure in terms of 25 paved roads,potable water, and electricity; and concentrations of commercial and other 26 nonresidential uses within close proximity. In some Infill Areas, a mix of nonresidential 27 and high-density residential uses (generally 8 units or more per acre)may also be found 28 that form a Community Center. E 29 30 Policy 105.2.2 31 Monroe County shall maintain overlay map(s) designating geographic areas of the County as one 32 of the Tiers in accordance with the guidance in Policy 105.2.1, which shall be incorporated as an 33 overlay on the zoning map(s) with supporting text amendments in the Land Development 34 Regulations. These maps are to be used to guide the Land Acquisition Program and the smart "! N 35 growth initiatives in conjunction with the Livable CommuniKeys Program (Policy 101.19.1). ri 36 i 37 Objective 108.2 38 Monroe County shall consider the protection of public health, safety and welfare as a principal 39 objective of compatible land use planning on lands adjacent to or closely proximate to the Boca 0 40 Chica airfield of NASKW. (Ord. No. 012-2012, DEO 12-lACSC-NOI-4401-(A) (I), eff. 7-19- co 41 2012) 42 00 43 Policy 108.2.2 N 44 Density and intensity standards and land uses established by the Future Land Use Element and 45 Future Land Use Map, on the effective date of this policy, for properties located within the MIAI E 46 overlay shall be recognized and allowed to develop to the maximum development potential BOCC SR 01.22.20 Page 9 of 14 File 2018-121 Packet Pg. 2230 0.2.a I pursuant to the standards existing on the effective date of this policy. (Ord. No. 012-2012, DEO 2 12-lACSC-NOI-4401-(A) (I), eff. 7-19-2012) 3 4 Livable CommuniKeys Plan 5 Comprehensive Plan Policy 101.19.1 states, "Monroe County shall develop, maintain, and update 6 periodically, as appropriate,with public input,the Livable CommuniKeys Community Master Plans." 7 These "CommuniKeys Plans" implement a vision that was developed by the local community. 8 9 In 2007, the BOCC adopted Policy 101.19.2(5) which incorporated the Stock Island/Key Haven A 10 Livable CommuniKeys Plan (LCP) into the Monroe County Comprehensive Plan. Goal Two of the 11 LCP is to "Direct future residential and commercial activities to areas most suitable in the Planning 12 Area." The analysis of needs for this goal includes the following: 13 14 The Future Land Use Map serves as a guide for future land utilization and compliance 0 15 of land uses with the policies set forth in the Comprehensive Plan. There are instances 16 on Stock Island and Key Haven where the land use zoning district and/or the FL UM LO 17 does not correspond with current land use. This results in nonconforming uses and 18 structures. On a site-by-site basis, nonconformities create difficulties in reconciling 19 appropriate redevelopment proposals in the context of current land use zoning district 20 and the FL UM. (n 21 22 The MU zoning, which allows for both commercial and residential uses, does not LO 23 adequately inherently protect commercially utilized land from being converted to 24 residential use. Similarly, the MU zoning does not adequately protect residentially 25 utilized land from being converted to commercial use. There is a community-wide need 26 to be sure there is enough appropriately zoned land to accommodate future growth and E 27 redevelopment for residential and commercial utilization. 28 E 29 The proposed amendment is consistent with the Stock island/Key Haven Livable Communieys 30 Plan, assuming the corresponding Comprehensive Plan Text Amendment is adopted and 31 become effective. Specifically,it furthers: 32 33 Action Item 1.1.1: Create an overlay district in appropriate areas to only permit c„ 34 workforce/affordable housing in conjunction with permitted commercial and light industrial uses. 35 36 Action Item 2.1.1 of the LCP states: Initiate and complete a land use classification reevaluation 37 plan for Stock Island. (ni 38 �s 39 Action Item 2.3.1 of the LCP states: Continue to recognize land use districts and FLUMcategories co i 40 as the regulatory tool used for evaluating individual proposals for compliance with land 41 development standards such as type of use and intensity of use. 00 42 43 Strategy 3.1: Promote low and very low rental housing. 44 BOCC SR 01.22.20 Page 10 of 14 File 2018-121 Packet Pg. 2231 0.2.a I Action Item 3.1.1: Provide a density bonus unique to Stock Island to encourage the development 2 of low to very low income rental housing. 3 4 Action Item 3.4.3: Increase density bonuses for low and very low income. 5 6 B. The proposed amendment is consistent with the provisions and intent of the Monroe County 7 Code Land Development Code. 8 9 In accordance with MCC §102-158(d)(5)b., the BOCC may consider the adoption of an ordinance A 10 enacting the proposed change based on one or more of the following factors: 11 12 1. Changed projections (e.g., regarding public service needs)from those on which the text of 13 boundary was based; 14 15 Per the Applicant: T'Nun,l,msis for tic. Asneiia'loracnut is as cliange in piratJec ions, tiawNv isstaes LO aaffectiiig thee,, pi'paad& Keys aaaaal the ac.cogwiihon of a uiceal paoir, aadditia.raiail detail or e,aaaanpiia°lia aa�uttiancss. 1,11e pitul'),,ose Of,the irictulrrwa rat is tar pnw N,ide tl°aie lioslp-aitaality, wairklrig � wateri`ont., iunalanstriaal, awl o lmier conitilereiafl tises in C eww, 'West, Stock psiaaml, and flie � stirrowiiding areas n!0i wwa ud'i neeaield iv a:aawkforcaa hmisirig rli ,i°a. awndcr the ctirrewwt t~w;`oinpar-elieiiskv Plan and i„,aaanai l c%clor)nierit l etrualeat:itarks, tl„'aaro t`aiaaUOY aiiucl p°ipaiicaarnt tame 16 rura l-ile to pirovidle or ci,)"rstr°tict:e U- 17 C14 18 2. Changed assumptions (e.g., regarding demographic trends); 19 20 Per the Applicant: E "i'lne ln,,tsis liar° tpit cane ndmeuit is as clwaaige in pta°aJca.tiaia°ts cl-is urged aa.ssL riptions, isstscs � aaifia ctaaig tlie; 1`purida hays and tpi�aw reaa" giiition of as pair. a arpaiitioriaa�l defarilp or a°otariipnr e.pieaisiw euirr s. 1 pie purpose a.f i iep Atnei,idinull is to pva:air do Irish bosp itaapity,araaa �unil� � waater°ii°ont, iiialt,sat arl.,, and oilier ton uaieireiaai a;a es iii Key, `w st., Maack Wiiiwti, and Ow � saraTara,iiitlruag ,,areas witli miich m,.v real worki`inrce Kwiisirig "i,hjcln, tutidier timm a uun,ent M Cornpirtlien iive 11aawa wid Lairid l eiiclepnrncnt Regtilartions, plane t:,"tirw:aaty aurnrl Apnpn is arnt am 21 miaWe to prmr iapaa or co, lslrt�mcL Q 22 cv cv 23 3. Data errors,including errors in mapping,vegetative types and natural features described 24 in Volume I of the plan; 25 i 26 Per the Applicant: None. 27 0 28 4. New issues; 29 00 30 Per the Applicant: N BOCC SR 01.22.20 Page 11 of 14 File 2018-121 Packet Pg. 2232 The basis fin, Che is as chaiige in projectiom, chaiiiged assuniptiolls, a)C%v lsstws affuc,14ig the I'lorida K,t-ys auul 1he at of a r�ced f6iu atilditiorial detail or "Hic purpose of fl"ic Atnertdnwrif is to 1)rovidc the hospilalfty, %,mrkiiig waterCroilt, indtistrial, and other coiniiiercial iuses ht Kc, West, Stock and the Y SUrrokind4ig awas witfi �hItichi rit","e'ded \N,orkforce housing )vhieh, iAndcr Oic ctirrcnt Comprehienskie Plati, aiid Land DeN,c1opjiicj)t R,egula(k.,Ms, the ('(Wuiity am] Applicant are kiiiable io pmvidc or corislrticL, 2 3 The applicant has proposed a corresponding Comprehensive Plan Text amendment to create a new 4 goal and objective to incentivize affordable housing on Stock Island, and to establish a site specific 0 5 subarea policy that would only allow affordable housing on the Property. The proposed land use 6 district of Urban Residential (UR) would allow for the development of affordable housing 7 dwelling units on the property. 8 0 0 9 The subject property's current FLUM designation of RH is consistent with proposed UR zoning 10 district. Note, Sections 163.3194 and 163.3201, F.S., require land development regulations to be LO N 11 consistent with and implement the Comprehensive Plan. 12 13 5. Recognition of a need for additional detail or comprehensiveness; or 14 15 Per the Applicant: U- [be Im"Isis for ithc Aitimidoiiei,at us a cliange in prqjec1i(,)ris,, chatiged assuiTiptions, iieay,issties LO C14 affc,c6ng, the, [-`lorida Kcys aiid the recogriiticjiri of as ticed fbr adthhotial detail oi- J'he p,)t,iiposc, of"ffic AiTic]"Idinelit is to 11mvide the hospitality, dk,aterfront., inckistrial, and other coniniercial tises iii Key, West, Stock� Islaiid, aTid thel r- 4) SUIITX)Url,dirug �,"Ircas \Vith 11i111(.11 r1coded worklorce housing )vhich, ttiuler the Ciment E comprehellsive ph"Irl alsid L.and Dcvelopiiuera Reg�idaijoris, (be ('otimy ami Apphew t are 16 tiiialfle tt,:d pivvidie or ootislruct. E 17 18 6. Data updates. 19 20 Per the Applicant: None. 21 22 In accordance with MCC §102-158(d)(5)c., in no event shall an amendment be approved which 23 will result in an adverse community change to the planning area in which the proposed 24 development is located or to any area in accordance with a livable communikeys master plan 25 pursuant to findings of the board of county commissioners. 26 rrs 27 Per the Applicant: 0 CO T[ie Anicindinent k,411 nof resiulit in an, ad\,ers,c community eliVingC ill the pWining area or Ti14 T- SUITIDA111ditl is ourrox"illy develo ed m;idi Twenty-Seven (27) g P 00 rnobile hoilles aural 1'CAI (W) RV sll,acies, serving as defiit.',�Io ifTordabIc, housing, he Map Area is dcsigiuited as "her 111, classifled as devek"iped h.,ind, and is not classified as liabilat 11"Ir any prolected, ;Pe(-Iim E 28 BOCC SR 01.22.20 Page 12 of 14 File 2018-121 Packet Pg. 2233 'flue Applicaril is proposirig to increase the density sig!,nifickinfly in ,,im:t tfutl is well situated br I hi 31 gh de "There are lbui- direct access points to U S 1, providing optinia� access to the e11�11 lk yn'icnt ceriters of'Key West to the Skmith wid Marad-jolk tuu flic 'M, h Thi Po is rt Y) Area is [)out ded by [31(.,wyd's can pgrotuul to 1he Noi-th v,41ich is anapprox I 1111ate 300 tinit R,V 0 park with direct a(xess to Maloney Avern,.ile, Hurray Maiinic tt'.) true South Miich 11kas direct access" tau) US I, and a sniall clorrimercial biAsiness and theNtom,)e Courity fire statilon to 'the 3: A 'a West, wt'iicl-i access 21"ll" Street art(] Nbloney Avenue. 'I"here are very k-,w, residential C nei�!Jr6ors,, A Stock Wand itself"' is an iricrickfibly dense arca. Yee Stock 1sh,,fncVK(,,,,v, Havxn Livah1t,!, A"fastiet. ph"111 (3112 and 4, C The Stock Island area serves prinvadly as a mn-k1bree cwnrtiunil K fin, etriployment cenWrs 0 in Key West and Maralliton, and the proposed Arxien(linent will bolster the ,,i snit y foi- 2 LO resklents to obtahli afl"ordable h�-RLSI'Ilg III prox,itr6ty w Key West and Maii'athon eniployment N eentem, The Commun i keys describles Stock Island ,is f6[1t:nv&: C M "A 6vet7se islatid contrnunity rich in residential, coinnierckall, cultural, and recreadonal copplonunities; where faniffilus and I,!-iends [k,le and u,vork together iri v ib rant 'tie i gl rborh ood s au ul au e Chat 11paintains IT6 rd a title cost of lie ing et?qi all, iricorric 1evels wJ111 an U- -le of, .................. ...... LO N ()n that R.,.�sters a stcilble, local ec,,�u,)norny corusisfing of ,i %,orking watet-front ,.inn a distincti%,e rnix of conirnemiaf arid inidwslrial activities that clornpleinent C Ow coain-iuri0y; where recreational and coins,iiiiinit3,, ,f,,Aoiiities enhane'le 111w cultural fitb�ric of 0 E the neigllborhoods; %viliere its citizens under-stand the irnrortance ot"ancl cackiii-i%Oedgc the C respionsibilily to, proltect our vkal natui-al resources,', wbere a stn,,Wig sense (:)I' ei% ie Atli-ide 0 E contribt"stes lo) "'Arl ever irnproving quality Llndejjine added. "I'llic Map Area is I t:)lc,if ci(,J within, flic Navy [-",IS i'loisle, cconliour R) ,-, 614, DNL, which, pleirimis D residential uses and is not inconsistent )vith Goial 108 and its urider,lying Objet,,,fives and 3 1"mioi licies, Sei- hbi CD ri 4 r 04 i 5 The subject property is adjacent surrounding uses include public uses, residential uses, auto/marine Ci CD 6 repair services and commercial retail, and currently has a Future Land Use Map designation of W 7 Residential High (RH). It is anticipated that the proposed Zoning map amendment for the site will not 8 result in an adverse community change to the surrounding area. 0 9 CIO 10 The proposed Zoning map amendment is also consistent with Action Items 1.1.1, 2.3.1, 3.1.1, 3.4.3 11 and Strategy 3.1 of the Stock Island/Key Haven Livable CommuniKeys Plan, as it continues to 00 12 recognize the current FLUM category of the subject property, and reevaluates the land use CD 13 classification of the subject property based on the adopted FLUM for Stock Island. C 14 0 E 15 BOCC SR 01.22.20 Page 13 of 14 File 2018-121 Packet Pg. 2234 0.2.a I V. RECOMMENDATION 2 Staff recommends approval of the proposed Zoning amendment from URM to UR. 3 4 VI. EXHIBITS 5 6 1. 11" by 17" LUD Amendment Maps 7 2. Ordinance 8 3. DEO ORC Report dated 11/22/19 A 0 LO N Ir- LO cv cv cv i i i cv 00 cv BOCC SR 01.22.20 Page 14 of 14 File 2018-121 Packet Pg. 2235 ((ABD S.impaim)PUBISI 31303S''3S PUODaS SZ69 Pue'3S 3sj!d 9Z£9-3uawpuawy dew an-1) 6Z6-96oZ and Reosja)i3aiM L•x3:;uawyaeuy 1. 04 N U N 4 w 4- CL co aD z � N _ Z c L5 O a E v0 _ /o ,- ; �\ E Q l ch T O v m Q � �� fB O I fB 01 - f `o w � - > s� z � + mm 0 °" a E E ! � NU 1s aNz E L o®�0000ioo x z ... m Q T a U (�s w ` o N m 19 N a E Boinoio � U �a Y as Omy cu N J N m 3a C 88 ,xn N 0-O O U a) (6 O OL � z o w m� /� > Oa a J yn' V o C Q T o O O N Eo o z O Q E E E O oo o`m LL-2 Un' m N O my � (n 2 4 E o _ W 0 ¢� ° L O0 Um © N m / U om ttEA is _ 1S'1Sl o uj 0 9 o Im ¢ ov Jill AO F �o 3 O VI \ , QO I! �'k k J > ra C (O is CINZ LL r/i, � U a Z C J iuE)wpuE)wv ash puallillillilli� Ajunoo aoauoW 0.2.c DRon DeSantis Ken Lawson GOVERNOR EXECUTIVE DIRECIOR FLORIDA DEPARTMENTrf ECONOMIC OPPORTUNITY November 22, 2019 The Honorable Heather Carruthers Mayor, Monroe County 102050 Overseas Hwy, Suite 234 Key Largo, Florida 33037 Dear Mayor Carruthers: �s 0 The Department of Economic Opportunity ("Department") has completed its review of the proposed comprehensive plan amendment for Monroe County (Amendment No. 19 LO - 06ACSC), which was received and determined complete on September 24, 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 attached Objections, Recommendations, and Comments Report outlines our LO findings concerning the amendment. The Department does not identify any objections to the proposed amendment. However, the Department is providing a comment. The comment is offered to assist the local government but will not form the basis for a determination of whether the amendment, if adopted, is "In Compliance" as defined in Section 163.3184(1)(b), F.S. Copies of comments received by the Department from reviewing agencies, if any, are also enclosed. 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 adoption and transmittal of the comprehensive plan amendment.The second public hearing, which shall be a hearing on whether to adopt one or more comprehensive plan amendments, must be held v within 180 days of your receipt of the Department's attached report, or the amendment will be i deemed withdrawn unless extended by agreement with notice to the Department and any U affected party that provided comment on the amendment pursuant to Section 0i 163.3184(4)(e)1., F.S. LU Florida Department of Economic Opportunity I Caldwell Building 1 107 E. Madison Street I Tallahassee, FL 32399 850.245,7105 I wwwfloridA www,twitter.com/FLDEO i .facebook.com/FLDEO 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 TTY/TTD equipment via the Florida Relay Service at 711.. Packet Pg. 2237 The Honorable Heather Carruthers NoVennber22, 2019 Page 2mf2 Department staff is available to assist the County tn address the comment. |f you have any questions related to this review, please contact Justin StieU, Planning Analyst, by telephone � at (@5O) 717-8523orby email aL 'ustin.sbe||@dep.mnvDohdm.comm. Sincerely, mes D. Stansbury, Chief ureau of[ornrnunity Planning and {Srovv1h � JDS/js Enclosures: Objections, Recommendations, and Comments Report � _ Procedures for Adoption LO Reviewing Agency Comments cc: Christine Hurley, County Administrator, Monroe County .� (n Isabel CosioCarba||o, Executive Director, South Florida Regional Planning Council LO M Packet Pg. 2238 � � ��| Objections, Recommendations and Comments Report Proposed Comprehensive Plan Amendment Monroe County 19-06ACSC The Department has identified a comment regarding Monroe County's proposed comprehensive plan amendment.The comment is provided below, along with recommended actions the County could take to resolve issues of concern. Comments are offered to assist the local government and will not form the basis for a compliance determination. Department staff has discussed the basis of the report with County staff and is available to A assist the County to address the comment. Comment 1: Stock Island is within the Military Installation Area of Impact(MIAI).The county has (n several policies related to reducing and maintaining densities within the MIAl and Coastal High (n hazard area. The county should consider the 65-69 DNL Noise Zone 2 as they approve receiver 0 0 sites for the proposed units. Additionally, the county should adopt a map into the Future land use series that depicts the proposed subarea and provide a legal description. LO N U- LO N E E N ri Ir- 0 0 W E Packet Pg. 2239 0.2.c SUBMITTAL OF ADOPTED COMPREHENSIVE PLAN AMENDMENTS FOR STATE COORDINATED REVIEW Section 163.3184(4), Florida Statutes NUMBER OF COPIES TO BE SUBMITTED: Please submit three complete copies of all comprehensive plan materials, of which one complete paper copy and two complete electronic A 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 Council; Water Management District; Department of Transportation; Department of Environmental Protection; Department of State; 0 the appropriate county (municipal amendments only);the Florida Fish and Wildlife Conservation Commission and the Department of Agriculture and Consumer Services (county LO plan amendments only); and the Department of Education (amendments relating to public 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 LO the adopted amendment: Department of Economic Opportunity identification number for adopted amendment package; Summary description of the adoption package, including any amendments proposed but not adopted; 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; �s i 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. E c� . ...... .......... - _.........._..__ ..... ... _ _._.._ ...........................a_ _....._ ......_�._. Effective:June 2, 2011(Updated June 2018) Page 1 of 2 Packet Pg. 2240 0.2.c ADOPTION AMENDMENT PACKAGE: Please include the following information in the amendment 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. Note: If the local government is relying on previously submitted data and analysis, no additional data and analysis is required; (n 0 Copy of executed ordinance adopting the comprehensive plan amendment(s); LO Suggested effective date language for the adoption ordinance for state coordinated review: "The effective date of this plan amendment, if the amendment is not timely challenged, shall be the date the state land planning agency posts a notice of intent determining 2 that this amendment is in compliance. If the amendment is timely challenged, or if the state land planning agency issues a notice of intent determining that this amendment is LO not in compliance, 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. No development orders, development permits, or development dependent on this amendment may be issued or commence before it has become effective. " 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 which provided the basis of the adoption or determination not to adopt the ri proposed amendment; �s i Statement indicating the relationship of the additional changes not previously reviewed b the Department of Economic Y p Opportunity to the ORC report from the Department of Economic Opportunity. ........ - _ ........... ....... ....... ...................... _. _ _........ E ectfve:June 2, 2022 (Updated June 2018) Page 2 of 2 Packet Pg. 2241 0.2.c County of Monroe Planning&Environmental Resources DepartmentBoard of County Commissioners: Marathon Government Center a4 ray ` Mayor Sylvia J.Murphy,District 5 2798 Overseas Highway,Suite 400 Mayor Pro Tern Danny L.Kolhage,District I Marathon,FL 33050 ° Michelle Coldiron,District 2 Voice: 305( )289-2500 4 Heather Carruthers,District 3 FAX: (305)289-2536 David Rice,District 4 t3 L We Strive to be caring,professional,and fair. 0 Sent via Certified Mail#70190140000112252773 September 17,2019 U) Ray Eubanks,Plan Processing Administrator Department of Economic Opportunity (n Community Planning and Development 107 East Madison Street Caldwell Building, MSC 160 0 Tallahassee,FL 32399 cas LO Monroe County Year 2030 Comprehensive Plan(Propose —Trans end eg ittai N Dear Mr.Eubanks, Pursuant to Chapter 163.3184(4), Florida Statutes, the Monroe County Planning Department acting within the jurisdictions of the Florida Keys Area of Critical State Concern (designated pursuant to Section 380,05, F.S.), hereby transmits one(1)hard copy and two(2)compact disks of the proposed amendments to the Monroe County LO Year 2030 Comprehensive Plan. These amendments are subject to the State Coordinated Review Process,Section 163.3184(4), Florida Statutes, and the County requests the State Land Planning Agency to formally review the proposed Comprehensive Plan amendments. Copies of the entire amendment packages, including the supporting data and analysis, are also being provided to the South Florida Regional Planning Council,Department of State Florida Bureau of Historic Preservation,Florida Fish and Wildlife Conservation Commission, Department of Agriculture and Consumer Services, Florida Department of Environmental Protection, Florida Department of Transportation, United States Navy(Naval Air Station Key West—Boca Chica), South Florida Water Management District, City of Key Colony Beach,Village of Islamorada,City of Layton, City of Marathon and the City of Key West. C) 17 ry Ir- Page 1 of 3 Packet Pg. 2242 The following table summarizes the items in the proposed amendment package: PC BOCC BOCC >% Amendment Name Description Hearing Transmittal Adoption Date Hearing Hearing Date Date AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY COMPREHENSIVE 07.31.19 08.21.19 PLAN POLICY 101.5,25 TO PROVIDE A Policy 101.5.25 of the DENSITY BONUS ABOVE THE U) MAXIMUM NET DENSITY FOR 2030 Monroe County AFFORDABLE HOUSING FOR A 0 Comprehensive Plan PROPERTY SUBJECT TO A SITE- (n SPECIFIC SUBAREA POLICY ESTABLISHED UNDER PROPOSED (n GOAL 111 OF THE COMPREHENSIVE PLAN; ESTABLISHING GOAL 111 AND 0 OBJECTIVE 111.1 TO INCENTIVIZE AFFORDABLE HOUSING DENSITY LO C14 BONUSES THAT EXCEED THE ESTABLISHED MAXIMUM NET DENSITY PROVIDED IN POLICY 101.5.25; AND CREATING POLICY 111.1.1 STOCK ISLAND WORKFORCE (n SUBAREA 1; ESTABLISHING THE BOUNDARY OF THE STOCK ISLAND U_ WORKFORCE SUBAREA 1; LIMITING LO C14 THE PERMITTED USES OF THE SUBAREA TO DEED RESTRICTED AFFORDABLE HOUSING DWELLING UNITS,-ESTABLISHING MAXIMUM NET E DENSITY FOR AFFORDABLE HOUSING, HEIGHT AND OFF-STREET PARKING REQUIREMENTS IN THE SUBAREA; E AND ELIMINATING ALLOCATED DENSITY AND FLOOR AREA RATIO; FOR PROPERTIES LOCATED AT 5700 LAUREL AVENUE, 6325 FIRST STREET M AND 6125 SECOND STREET, STOCK ISLAND; AS PROPOSED BY SMITH/HAWKS, PL ON BEHALF OF C14 WRECKERS CAY APARTMENTS AT ri STOCK ISLAND,LLC 0 0 Thank you in advance for your timely review of these materials. Should you have any questions about the proposed W amendments, please contact Cheryl Cioffari, Assistant Director of Planning at (305) 289-2500 or cioffari- chervlgmonroecoupV-fl.gov. E Page 2 of 3 1 Packet Pg. 2243 0.2.E The following table summarizes the items in the proposed amendment package: PC BOCC BOCC Amendment Name Description Hearing Transmittal AdoptionHearing Hearing Date Date Date AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE _ MONROE COUNTY COMPREHENSIVE 07.31.19 08.21.19 PLAN POLICY 101.5.25 TO PROVIDE A Policy 101.5.25 of the DENSITY BONUS ABOVE THE U) MAXIMUM NET DENSITY FOR 2030 Monroe County AFFORDABLE HOUSING FOR A Comprehensive Plan PROPERTY SUBJECT TO A SITE- SPECIFIC SUBAREA POLICY ESTABLISHED UNDER PROPOSED GOAL 111 OF THE COMPREHENSIVE PLAN; ESTABLISHING GOAL 111 AND OBJECTIVE 111.1 TO INCENTIVIZE AFFORDABLE HOUSING DENSITY eO BONUSES THAT EXCEED THE ESTABLISHED MAXIMUM NET DENSITY PROVIDED IN POLICY 101.5.25; AND CREATING POLICY 111.1.1 STOCK ISLAND WORKFORCE SUBAREA 1; ESTABLISHING THE BOUNDARY OF THE STOCK ISLAND WORKFORCE SUBAREA l; LIMITINGLO THE PERMITTED USES OF THE SUBAREA TO DEED RESTRICTED AFFORDABLE HOUSING DWELLING UNITS;ESTABLISHING MAXIMUM NET DENSITY FOR AFFORDABLE HOUSING, HEIGHT AND OFF-STREET PARKING .REQUIREMENTS IN THE SUBAREA; AND ELIMINATING ALLOCATED DENSITY AND FLOOR AREA RATIO; FOR PROPERTIES LOCATED AT 5700 LAUREL AVENUE, 6325 FIRST STREET AND 6125 SECOND STREET, .STOCK ISLAND; AS PROPOSED BY SMITHIHAWKS, PL ON BEHALF OF C� WRECKERS CAY APARTMENTS AT STOCK ISLAND,LLC �I I Thank you in advance for your timely review of these materials.Should you have any questions about the proposed amendments, please contact Cheryl Cioffari, Assistant Director of Planning at (305) 289-2500 or cioffari- cherxlaa,monroecounty-fl.gov. Page 2 of 3 Packet Pg. 2244 Sincerely, Cheryl Cioffari,AICP Assistant Director of Planning Enclosures CC/ia CC: Comprehensive Plan Review,.Department of Agriculture and Consumer Services A Plan Review,Florida Department of Environmental Protection Deena Woodward,Florida Department of State,Bureau of Historic Preservation Scott Sanders,Florida Fish and Wildlife Commission Kenneth Jeffries,Florida Department of Transportation Isabel Cosio Carballo, South Florida Regional Planning Council Terry Manning, South Florida Water Management District 0 Ashley Monnier,United States Navy,Naval Air Station Ty Harris,Planning Director,Village of Islarnorada LO Cathy Henniger, City of Key Colony Beach N Patrick Wright,Planning Director, City of Key West George Garrett,Planning Director,City of Marathon Norman Anderson,City of Layton Board of County Commissioners(w/o enclosures) Bob Shillinger, County Attorney(w/o enclosures) U- Roman Gastesi, County Administrator(w/o enclosures) LO N Christine Hurley,Assistant County Administrator(w/o enclosures) M Emily Schemper, Senior Director of Planning&Environmental Resources(w/o enclosures) E E zz� M cv 0 W E Page 3 of 3 1 Packet Pg. 2245 0.2.c 1 �.kra 3 � 4 wmw d //p ld 5 7 8 I GNR E COUNTY, FLORIDA 9 PLANNING COMMISSION RESOLUTION N .P 2 -1 10 11 A RESOLUTION BY THE PLANNING COMMISSION RECOMMENDING A 1.2 APPROVAL OF AN ORDINANCE BY THE MONROE COUNTY BOARD OF 13 COUNTY CO MISSIONSAM-ENDING THE MONROE COUNTY 14 COMPREHENSIVE FLAN POLICY 101.5.25 TO PROVIDE A DENSITY 15 BONUS ABOVE THE MAXIMUM NET DENSITY FOR AFFORDABLE 16 HOUSING FOR A PROPERTY SUBJECT TO A SITE-SPECIFIC SUBAREA 17 POLICY ESTABLISHED UNDER PROPOSED GOAL 111 OF THE 18 COMPREHENSIVE PLAN; ESTABLISHING GOAL 111 AND OBJECTIVE LO 19 11.1.1 TO INCENTIVIZE AFFORDABLE HOUSING DENSITY BONUSES 20 THAT EXCEED THE ESTABLISHED MAXIMU NET DENSITY 1 PROVIDED IN POLICY 10 1.5.25; AND CREATING POLICY 111.1.1 STOCK 22 ISLAND WORKFORCE SUBAREA 1; ESTABLISHING THE BOUNDARY OF 23 THE STOCK ISLAND WORKFORCE SUBAREA 1; LIMITING G THE 24 PERMITTED USES OF THE SUBAREA TO DEED RESTRICTEDLO a_ 25 AFFORDABLE HOUSING DWELLING UNITS; ESTABLISHING 26 MAXIMUM NET DENSITY FOR AFFORDABLE US G, HEIGHT AN 7 OFF-STREET PARKING REQUIREMENTS IN T14E SUBAREA; AN 8 ELIMINATING ALLOCATED TENSITY AND FLOOR AREA RATIO; FOR � 29 PROPERTIES LOCATED AT 5700 LAUREL AVENUE, 6325 FIRST STREET 30 AND 6125 SECOND STREET, STOCK ISLAND: AS PROPOSED BY � 31 SMITH/HAWKS, PL ON BEHALF OF WRECKERS CAY APARTMENTS AT 32 STOCK ISLAND, LLC; PROVIDING FOR VE. A IL Y; PROVIDING � 33 FOR REPEAL OF CONFLICTING C1 R 'VIS ON ; PROVIDING FOR 34 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE 35 SECRETARY OF STATE, PROVIDING G FOR INCLUSION IN THE MONROE 36 COUNTY COMPREHENSIVE PLAN, PROVIDING FOR AN EFFECTIVE N 7 DATE. (File#2018-120) ry 38 3 41 WHEREAS, on June 20, 2018, the Planning and Environmental Resources Department 42 received.an application from arton W. Smith of Smith Hawks PL on behalf of Wreckers Cay 43 Apartments at Stock Island, LLC' (the " pplica t,'") to _end the Monroe C"ounty 44 Comprehensive Plan text amendment to create a goal and objective to incentivize affordable 45 housing within Stock. Island, and to create a subarea policy that would provide additional � 46 development restrictions for properties located at 6325 First Street, 6125 Second Street and 570 ResolLition#P29-19 Page I of .File#2018-1.20 Packet Pg. 2246 0.2.c 1 �mr 4 i 5 6 7 8 MONROE COUNTY, FLORIDA 9 PLANNING COMMISSION RESOLUTION NO.P 29.19 10 11 A RESOLUTION BY THE PLANNING COMMISSION RECOMMENDING A 12 APPROVAL OF AN ORDINANCE BY THE MONROE COUNTY BOARD OF 13 COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY 14 COMPREHENSIVE PLAN POLICY 101.5.25 TO PROVIDE A DENSITY 15 BONUS ABOVE THE MAXIMUM NET DENSITY FOR AFFORDABLE 16 HOUSING FOR A PROPERTY SUBJECT TO A SITE-SPECIFIC SUBAREA 0 17 POLICY ESTABLISHED UNDER PROPOSED GOAL III OF THE 18 COMPREHENSIVE PLAN; ESTABLISHING GOAL III AND OBJECTIVE LO 19 111.1 TO INCENTIVIZE AFFORDABLE HOUSING DENSITY BONUSES 20 THAT EXCEED THE ESTABLISHED MAXIMUM NET DENSITY 21 PROVIDED IN POLICY 101.5.25; AND CREATING POLICY I I I.1.1 STOCK 22 ISLAND WORKFORCE SUBAREA I; ESTABLISHING THE BOUNDARY OF 23 THE STOCK ISLAND WORKFORCE SUBAREA 1; LIMITING THE 24 PERMITTED USES OF THE SUBAREA TO DEED RESTRICTED LO 25 AFFORDABLE HOUSING DWELLING UNITS; ESTABLISHING 26 MAXIMUM NET DENSITY FOR AFFORDABLE HOUSING, HEIGHT AND 27 OFF-STREET PARKING REQUIREMENTS IN THE SUBAREA; AND 28 ELIMINATING ALLOCATED DENSITY AND FLOOR AREA RATIO; FOR E 29 PROPERTIES LOCATED AT 5700 LAUREL AVENUE, 6325 FIRST STREET 30 AND 61.25 SECOND STREET, STOCK ISLAND. AS PROPOSED BY 31 SMITHtHAWKS, PL ON BEHALF OF WRECKERS CAY APARTMENTS AT 32 STOCK ISLAND, LLC; PROVIDING FOR SEVERABILITY; PROVIDING 33 FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR 34 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE 35 SECRETARY OF STATE; PROVIDING FOR INCLUSION IN THE MONROE 36 COUNTY COMPREHENSIVE' PLAN; PROVIDING FOR AN EFFECTIVE v 37 DATE. (File#2018-120) ri 38 i 39 40 0i 41 WHEREAS, on June 20, 2018, the Planning and. Environmental Resources Department 42 received:an application from Barton W. Smith of Smith Hawks PL on behalf of Wreckers Cay 43 Apartments at Stock Island, LLC (the "Applicant,") to amend the Monroe County a � 44 Comprehensive Plan text amendment to create a goal and objective to incentivize affordable 45 housing within Stock Island, and to create a subarea policy that would provide additional 46 development restrictions for properties located at 6325 First Street, 6125 Second Street and 5700 Resolution#P29-19 Page 1 of 3 File#2018-120 Packet Pg. 2247 0.2.E 1 Laurel Avenue on Stock Island (the "Property"), including a limitation that the only permitted 2 use on the property would be affordable housing and accessory uses;and 3 4 WHEREAS, the Applicant has also requested a corresponding Land Development Code U 5 text amendment to allow for increased density for site specific subarea policies established under 6 the proposed Goal;and 7 8 WHEREAS, the Applicant has also requested a corresponding Land Use District 9 (Zoning) map amendment for the Property from Urban Residential Mobile Home (URM) to 10 Urban Residential (UR),and 2 11 12 WHEREAS, the Monroe County Development Review Committee (DRC)reviewed and 13 considered the proposed amendment at a regularly scheduled meeting held on the 25a' day of (n 14 June, 2019; and 15 16 WHEREAS,the Monroe County Planning Commission held a public hearing on the 2411 17 day of October, 2018, for review and recommendation on the proposed Comprehensive Plan text W 18 amendment; and LO 19 20 WHEREAS, based upon the information and documentation submitted, the Planning 21 Commission made the following Findings of Fact and Conclusions of Law: 22 (n 23 1. The proposed amendment to create Goal 111, Objective 111.1, and Policy 111.1.1 is 24 consistent with the Goals, Objectives and Policies of the Monroe County Year 2030 LO 25 Comprehensive Plan;and 26 2. The proposed amendment to create Goal 111, Objective 111.1, and Policy 111,1.1 is 27 consistent with the Principles for Guiding Development for the Florida Keys Area of 28 Critical State Concern,Sec. 380.0552(7),F.S.; and 29 3. The proposed amendment to create Goal 111, Objective 111.1, and Policy 111.1.1 is 30 consistent with Part II of Chapter 163,Florida Statute. 31 32 NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF 33 MONROE COUNTY, FLORIDA, the Monroe County Planning Commission recommends 34 approval with changes as discussed during the hearing to the Board of County Commissioners of 17 35 the proposed Comprehensive Plan amendment. The Planning Commission's recommended ri 36 changes are as follows: i 37 �s 38 1. Amend the proposed Policy 111.1.1 to allow a shoreside support facility associated with 0i 39 a mooring field as an accessory use within the RH FLUM and UR Zoning District; 40 2. Amend the proposed Policy 111.1.1 to state: 41 a. The Eighty(80)market rate dwelling units may be transferred within Stock Island 42 upon approval of a minor conditional use following the approval of a 43 development agreement associated with the Wreckers Cay project.Additionally, 44 the transferred market rate units shall not be used as transient units. Resolution#P29-19 Page 2 of 3 File#2018-120 Packet Pg. 2248 I b. "I I he Thirty-Two (32) density rights that exceed the allocated density for the 2 property of Forty-Eight (48) may be transferred in Stock Island upon approval of 3 a minor conditional use, if deemed to be legally acceptable. 4 3. Amend the proposed Policy 1.11.1.1 to rental units only. 5 6 PASSED AND ADOPTED BY T HEA PLANNING COTAMISSION of Monroe County, 7 Florida, at a regular meeting held on the 3 1"day of July, 2019. 2 9 9 Denise Werling,Chair YES 10 William Wiatt, Commissioner YES 11 Tom Coward,Commissioner YES 12 Joe Scarpelli, Commissioner YES 13 can Miller, Commissioner YES 14 15 PLANNING CO ...... SET-ON OF MONROE COUNTY,FLORTDA 16 0 17 By A. LO 18 rise Werling,Chair C14 19 20 Signed this day of 2019 21 (n 22 U_ 23 NOTARY PUBLI STATE OF FLORIDA 24 C1 LO 4 25 Monroe County Planning Commission Attorney ILZE AGUR"A 26 Approve4/As To Form S MY COMMISSION#GG 043704 EXPIRES:OCWbu 31,M 27 Bonftd'ft NQUO PWIC unftmate, E d 28 29 ]Ohn J.Wolfe E 30 Date: < 91 1�11 S")W11"Ir!THE N 10 2 0 W E 3 3 Resolution#P29-19 Pale of File#2018-120 Packet Pg. 2249 I b. The Thirty-Two (32) density rights that exceed the allocated density for the 2 property of Forty-Eight(48)may be transferred in Stock Island upon approval of 3 a minor conditional use,if deemed to be legally acceptable, 4 3. Amend the proposed Policy 1.11.1.1 to rental units only. 5 6 PASSED AND ADOPTED BY THE PLANNING COMMISSION of Monroe County, 7 Florida, at a regular meeting held on the 3 1"day of July, 2019. 2 8 9 Denise Werling,Chair 'YES 10 William Wiatt, Commissioner YES A 11 Tom Coward,Commissioner YES 12 Joe Scarpelli, Commissioner YES .2 13 Ron Miller, Commissioner YES (n 14 (n 15 PLANINING CO tISSION OF MONROE COUNTY,FLORIDA 16 0 17 B 18 )Denise Werling,Chair C1 LO 4 19 20 Signed this JI?VA day of 2019 21 0 22 23 NOTARY PUBLIQJrSTATE OF FLORIDA U_ 24 LO C14 25 Monroe County Planning Commission Attorney 26 Approve As To Form ATRIA, IVEAGURA 27 rAI IT l4 1 MYC OMUIONMOOM 4 ExpjRrs.o*w 31, = 28 MW1 Domm TVU Notary Puma E uwmaw 29 John J.Wolfe 30 Date: E FILED WITH THE M N AUG 2 6' 2019 ri AGENCY CLERK 0 0 W E Resolution#P29-19 Page 3 of 3 File#2018-120 Packet Pg. 2250 0.2.c wr.. i 2 x µ... . 4 MEMORANDUM 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 9 10 From: Cheryl Cioffari,AICP,Acting Senior Director of Planning&Environmental Resources 11 12 Date: August 5, 2019 13 as 14 Subject: An Ordinance by the Monroe County Board of County Commissioners amending the �s 15 Monroe County Comprehensive Plan amending Policy 101.5.25 to allow for a density 16 bonus for site-specific policies, creating Goal 111 and Objective 111.1 to incentivize 17 affordable housing on Stock Island, creating Policy 111.1.1 Stack Island Workforce 18 Subarea 1; establishing the boundary of the Stock Island Workforce Subarea 1; limiting LO v 19 the permitted uses of the subarea to deed restricted affordable housing dwelling units; 20 establishing the maximum net density for affordable housing, height and off-street 21 parking requirements in the subarea; and eliminating allocated density and floor area ratio 22 for properties located at 6325 First Street, 6125 Second Street and 5700 Laurel Avenue 23 on Stock Island as proposed by Wreckers Cay Apartments at Stock Island, LLC. (File 24 #2018-120) LO 25 26 Meeting: August 21,2019 27 28 1. REQUEST 29 30 On June 20, 2018, the Planning and Environmental Resources Department received an application 31 from Barton W. Smith of Smith Hawks PL on behalf of Wreckers Cay Apartments at Stock Island, 00. 32 LLC (the "Applicant,") to amend the Monroe County Comprehensive Plan to establish a goal and 33 objective that incentivizes affordable housing on Stock Island, and to create a subarea policy that 34 would provide additional development restrictions and allowances for properties located at 6325 35 First Street, 6125 Second Street and 5700 Laurel Avenue on Stock Island (the "Property"). The 36 proposed site specific subarea limits the permitted uses of the subarea to deed restricted affordable 37 housing dwelling units (workforce); and increases the established the maximum net density for i 38 affordable housing, increases the height limit and decreases the off-street parking requirements in the i 39 area; provides for the transfer of existing TREs and TDRs in the area and eliminates allocated 40 density and floor area ratio on the Property. 41 42 Related Applications 43 The Applicant has also requested the following: 44 • A corresponding Land Use District (Zoning) map amendment for the Property from Urban 45 Residential Mobile Home (URM)to Urban Residential(UR) for a portion of the Property; BOCC SR 08.21.19 Page 1 of 30 File#2018-120 Packet Pg. 2251 I • A text amendment to the Land Development Code Section 130-157 to allow for increased 2 density for properties with MU and UR zoning districts, within Stock Island that apply for an 3 receive a site specific subarea policy as established in the Comprehensive Plan; 4 • A development agreement for the redevelopment of properties collectively known as "Wrecker's 5 Cay," involving 279 affordable dwelling units, and the transfer of 80 market rate TREs, 80 6 TDRs, 18 transient TREs, and 672sf of NROGO exempt floor area. The ten year agreement 7 includes a proposed conceptual site plan, with the proposed development pursuant to the 2 8 proposed amendments to the Comprehensive Plan and Land Development Code (described 9 above); A 10 0 A right-of-way abandonment for a portion of Laurel Ave.; and 11 * A right-of-way abandonment for a portion of Maloney/I"Street. 12 13 11. BACKGROUND INFORMATION (n 14 0 15 Site Information: 16 Location: MM 5, Stock Island LO 17 Address: 6325 First Street, 6125 Second Street and 5700 Laurel Avenue on Stock Island 18 Parcel ID Number: 00124540-000000, 00124550-000000 and 00124560-000000 19 Owner/Applicant: Wrecker's Cay Apartments at Stock Island, LLC 20 Size of Affected Portion of Property: 349,692 SF (8.03 acres) 21 0 00124540-000000: 167,029 SF (3.83 acres) per survey by Robert E. Reece of 22 ALTA/NSPS Land Title Survey, dated 4/30/2018; U- LO 23 0 00124550-000000: 88,913 SF (2.04 acres) per survey by Robert E. Reece of 24 ALTA/NSPS Land Title Survey, dated 4/30/2018; and 25 00124560-000000: 93,750 SF (2.15 acres) per survey by Robert E. Reece of E 26 ALTA/NSPS Land Title Survey, dated 4/30/2018. 27 FLUM Designations: Residential High(RH) E 28 Land Use Districts: Urban Residential(UR) and Urban Residential Mobile Home(URM) 29 Tier Designation: III 30 Flood Zones: AE(EL 9 and 10) 31 CBRS: No 32 Existing Use: Developed with 3 mobile home parks and accessory uses and structures. 33 Existing Vegetation/Habitat: Developed Land and Mangrove N 34 Community Character of Immediate Vicinity: Adjacent land uses include nonresidential to the ri 35 north and west,residential and public uses to the south; and open water to the east across US I. 36 37 The property currently has a Land Use District (Zoning) designation of Urban Residential (UR) and 0 38 Urban Residential Mobile Home (URM) and a Future Land Use Map (FLUM) designation of 0 W 39 Residential High (RH). The property was within the URM (urban residential mobile home) district 40 prior to September 15, 1986. With the adoption of the Comprehensive Plan's FLUM in 1997, the 41 property was given the current FLUM designation of Residential High(RH). E 42 BOCC SR 08.21.19 Page 2 of 30 File#2018-120 Packet Pg. 2252 0.2.c I A text amendment to the Land Development Code Section 130-157 to allow for increased 2 density for properties with MU and UR zoning districts, within Stock Island that apply for an 3 receive a site specific subarea policy as established in the Comprehensive Plan; 4 A development agreement for the redevelopment of properties collectively known as "Wrecker's 5 Cay," involving 279 affordable dwelling units, and the transfer of 80 market rate TREs, 80 6 TDRs, 18 transient TREs., and 672sf of NROGO exempt floor area. The ten year agreement 7 includes a proposed conceptual site plan, with the p P p p proposed development pursuant to the 8 proposed amendments to the Comprehensive Plan and Land Development Code (described 9 above); 10 A right-of-way abandonment for a portion of Laurel Ave.; and 11 A right-of-way abandonment for a portion of Maloney/1It Street. 12 (n 13 U. BACKGROUND INFORMATION (n 14 15 Site Information: 16 Location: MM 5, Stock Island LO 17 Address: 6325 First Street, 6125 Second Street and 5700 Laurel Avenue on Stock Island Ir- 18 Parcel ID Number: 00124540-000000, 00124550-000000 and 00124560-000000 19 Owner/Applicant: Wrecker's Cay Apartments at Stock Island,LLC 20 Size of Affected Portion of Property: 349,692 SF (8.03 acres) (n 21 00124540-000000: 167,029 SF (3.83 acres) per survey by Robert E. Reece of 22 ALTA/NSPS Land Title Survey, dated 4/30/2018; LO 23 0 00124550-000000: 88,913 SF (2.04 acres) per survey by Robert E. Reece of M 24 ALTA/NSPS Land Title Survey, dated 4/30/2018; and 25 00124560-000000: 93,750 SF (2.15 acres) per survey by Robert E. Reece of 26 ALTA/NSPS Land Title Survey, dated 4/30/2018. 27 FLUM Designations: Residential High(RH) E 28 Land Use Districts: Urban Residential(UR) and Urban Residential Mobile Home(URM) 29 Tier Designation: III 30 Flood Zones: AE (EL 9 and 10) 31 CBRS: No 32 Existing Use: Developed with 3 mobile home parks and accessory uses and structures. 33 Existing Vegetation/Habitat: Developed Land and Mangrove 34 Community Character of Immediate Vicinity: Adjacent land uses include nonresidential to the 35 north and west, residential and public uses to the south;and open water to the east across US1. 36 �s 37 The property currently has a Land Use District(Zoning) designation of Urban Residential (UR) and i 38 Urban Residential Mobile Home (URM) and a Future Land Use Map (FLUM) designation of 39 Residential High (RH). The property was within the URM (urban residential mobile home) district 40 prior to September 15, 1986. With the adoption of the Comprehensive Plan's FLUM in 1997, the 41 property was given the current FLUM designation of Residential High(RH). 42 BOCC SR 08.21.19 Page 2 of 30 File#2018-120 Packet Pg. 2253 1 The property is currently developed with three(3) mobile home parks locally known as Waters Edge 2 Colony Trailer Park, Tropic Palms Mobile Home Park and Woodson's Trailer Park and accessory 3 uses and structures. A vegetation survey/existing conditions report was not submitted with the 31 4 application to confirm the habitats. 5 ,U) L 0 6 The Applicant is requesting a text amendment to the Monroe County Comprehensive Plan to create a 7 new goal and objective to incentivize affordable housing on Stock Island, and to establish a site 2 8 specific subarea policy to accompany a concurrently proposed Land Use District (Zoning) Map 3: 9 amendment from Urban Residential Mobile Home (URM) to Urban Residential (UR) for a portion 10 of the property. The amendment is proposed to establish a site-specific subarea that generally A 11 includes the property depicted below: �4, ................ 0 LO 1�............ 'to JA�f, U_ LO .J1 41,1111,............___ 4 '&V gi �ro7 T,'77- E 3 4"! E 12 CL 13 14 In the application materials, the Applicant states that the reason for the proposed amendments is M 15 "The Stock Island area serves primarily as a workforce community for employment centers in Key zz� 16 West and Marathon, and the proposed Amendment will bolster the ability for residents to obtain 17 affordable housing in proximity to Key West and Marathon employment centers." 18 19 The Applicant states: The basis for the amendment is a change in projections,changed assumptions,new issues 0 affecting the Florida Keys and the recognition of a need for additional detail or 0 W comprehensiveness. This text amendment Application amends Objective 107.1 of the Comp Plan to add Policy 107.1.7 Stock Island Workforce Area 1 — To Provide Limitations on Development and Specific Restrictions. The:purpose of the Policy is to E provide the hospitality, working waterfront, industrial, and other commercial uses in Key West,Stock Island,and the surrounding areas with much needed workforce housing which, under the current Comprehensive Plan and absent the Policy,the County and Applicant are < 20 -unable to provide or construct. BOCC SR 08.21.19 Page 3 of 30 File#2018-120 Packet Pg. 2254 It is well established that prior to Hurricane Irma the affordable housing shortage in the surrounding areas of the Property were staggering. According to Monroe County's Housing Strategy produced after Hurricane Irma, "Im)any of the business sectors in the Florida Keys, including professional services,retail trade, tourism and health care, find it increasingly difficult to attract and maintain Workers." As stated in both the Affordable ... 2 3 The Applicant's full explanation and justification of the proposed amendments is included in the file 4 for the application(File#2018-120). 5 6 Staff has reviewed the Applicant's position and supporting documentation, and agrees with the 7 position that inadequate availability of affordable housing is currently a primary issue facing A 8 permanent residents of unincorporated Monroe County. In 2015, the BOCC acknowledged the 0 9 County's workforce housing issues and adopted Resolution 189-2015, assigning additional duties to (n to the Affordable Housing Advisory Committee directing the committee to make recommendations for 11 steps the County may take to address the need for more workforce housing options. The committee 12 presented their recommendations to the BOCC at their regular meeting on August 17, 2016. The 0 13 BOCC held a special meeting on December 6, 2016, to discuss the recommendations, and provided (n 14 direction to staff to move forward on several measures to encourage and incentivize the provision of LO N 15 affordable and workforce housing within the County. Ir- 16 17 The 2014 ALICE report indicates that renters in the Lower Keys areas are significantly housing is burdened over 35%, as follows: by 68% in Key West, by 69% in Stock Island, by 72% in Big 19 Coppitt,by 56%in the Lower Keys and by 42%in Big Pine Key. 20 U_ eraKEY FACTS AND ALICE STATISTICS FOR MONROE,COUNTY C14 E fof,;u��Balthm,61,p rmiq Co 201, 833 Monroe County E 11JU," A;vw I UCF, I'a"mPlor- I 16,FTh�g'Rwdef.,r,r?r Tim'I'Vid 35".Raxr 44% 42% 73-3 L7T7 10% 21 K 0 M r met"Xwda�(w�l I fiolow� A, 1hrwv '1LJ0; -W, 1 ped 9,"l 35%1. 44%, Lowtir Ke-S/Monroe Cqam,l C14 V"7 fol", VJCT, A66ywALk,1`1- CN Pke).,*r --fo 42% 156% 3,JT'— �314 % 22 Stock Island/Monroe C oun ...... of -1, 77v,,_vjci� 1 0 1 I 1A 14"71friqQ Burdett"I'er Pvm.of, H'wdrol wyr N',o Rate 0 "'i w 2 621'/a 69'Vo 25 26 In 2017, the ALICE Report was updated with information based on 2015 American Community E 27 Survey. The new information affirms the trend of increased difficulty in being able to afford safe, 28 well-constructed affordable housing. < BOCC SR 08.21.19 Page 4 of 30 File#2018-120 Packet Pg. 2255 0.2.c It is well established that prior to Hurricane Irma the affordable housing shortage in the surrounding areas of the Property were staggering. According to Monroe County's Housing Strategy produced after Hurricane Irma, "fm]any of the business sectors in the Florida Keys,including professional services, retail trade, tourism and health care, find it 1 increasingly difficult to attract and maintain workers." As stated in both the Affordable 2 3 The Applicant's full explanation and justification of the proposed amendments is included in the file 0 4 for the application(File#2018-120). 2 5 6 Staff has reviewed the Applicant's position and supporting documentation, and agrees with the 7 position that inadequate availability of affordable housing is currently a primary issue facing €) 8 permanent residents of unincorporated' Monroe County. In.2015, the BOCC acknowledged the 9 County workforce housing issues and adopted Resolution 189-2015, assigning additional duties to (n 10 the Affordable Housing Advisory Committee directing the committee to make recommendations for 1 I steps the County may take to address the need for more workforce housing options. The committee 'a 12 presented their recommendations to the BOCC at their regular meeting on August 17, 2016. The 0 13 BOCC held a special meeting on December 6, 2016, to discuss the recommendations, and provided 14 direction to staff to move forward on several measures to encourage and incentivize the provision of LO 15 affordable and workforce housing within the County. Ir- 16 17 The 2014 ALICE report indicates that renters in the Lower Keys areas are significantly housing 18 burdened over 35%, as follows: by 68% in Key West, by 69% in Stock Island, by 72% in Big 29 Coppitt, by 56% in the Lower Keys and by 42%in Big Pine Key. €� Y FACTS AND ALICE STATISTICS FOR MONROE COLYNTI' LO 0:�fvw dleAUCE 1°,ror7da Rely ,SiMaj,crJ`F"r'rrawdalHardho,P°rt!/,2014, e t'rurCr�IIf Co itt /Monroe COU l>a ata irrtt H!,11t01jo , Pntvj by 9a ALJCE Ab ✓PUCE Uwfffih) ! HORChN er,,user lltrrrirr 13rrrd,.r.6r.t 4 7 i r�rl ofd AG n>ent R rtr 33%Diu nrr ; 35 ,Rrarr 2016 �j°�v E 7 sa � Pint � e Gout► POPPlation IIr¢rrrehoUr ?'nreq)% AACE Alic& CF Prnezl,rli itasrdet Bmdpflrter PParu,*&rdeflat*r 1#irc}io/d e ron1112ata S _35?o fJn:vrrr 3S�p errtar 4� 21 9 3777 1619 11/0 3 1K 56% °./a % °fc -eat i'afst ftlrie✓ }Fvrrr lwldt !'er�r7g rn /Pt.Iff a4bON 1Zlap,_ i frrtrsitxS 13 rr rt r J ioutex��3ttr terr r,t r oa 1 JrrrrJsrlal`% r ttt rle 9 33 ,0MAKer t 3.5°fin PRrIrr �70 9322 fiq 9°!0 5°10 5 °la 4"!0 4 "/o = °Pv l'ojsttfadrr,.rt Hoar.,rLr/t!+ Pr r rtt r r, ,3UC E �I;�rrrwsPl Tt:L Cia;+sue/v�- 1�rrrr rr<r Brrrr�=r. a.,r ;f��rrtia�l3rtr z;r rjt.r % 7'tz-I&Id',I I awd iar 35!o Clrtttrtr i 35°e Rrrrter I 22 10399 4314 r/6 9}. i/ r i7, 56`la StockI ndl Monroe Corm 1'ajulxiinrr I3rrrrrlara3r}r : pn, }ris CE, <1baii!i: E iC2m C ren. y I tsrrintl3ntrleur<r r q 1�rtr n l3trrE r,rr�r 22 ' 1 hmsl dd 9n ertr f rtt 3a�,tJunra 35 i,xlr frr Z 7 1131 114% 62%, 24"fn � �°fto �53�rr1 69�/n 25 � 26 In 2017, the ALICE Report was updated with information based on 2015 American Community 27 Survey. The new information affirms the trend of increased difficulty in being able to afford safe, 28 well-constructed affordable housing. BOCC SR 08.21.19 Page 4 of 30 File#2018-120 Packet Pg. 2256 ,ALICE IN MONROE COUNTY Populition:77,4821 1 Number of Housoholds. 3,1,391 Ml#dian Household Irwoom*: C,120(state average �,0.426) U) Florida Undoremployment Rate for 2016: 11, 61r,i� Household&Selow ALICE Thw,#sWd: 14,501!,(461110 How an houselimitis -ere sty ugglif-10 b. ALICE is an acronym for �sel, Households Iby hcome,2007 to 2015 L=ted,Inconte.Constrained. ..... Ernpli.,vyed—hoijseWds Vhet earn more than the Federal Poverty Level,but less thark the basic cost at hying for the county(the ALICE 'a TlireMriold or AT) Cornbmed,the AA C: 0 number of poverty and ALI households eqwals the total in populahon s.1rugghng to afford C14 baw needs,The percergage Wi sq% of households below time401v ALICE ,rhfeshoki changes over time may72V. lk,,A axis,blue birs)as does the 46 era ' J � / %f /// (n total number of households(right �l/i,% �// �� /% axes,dottedyeflow Ime).The u_ in Great Recession,f7orn 2007 to pmG C14 2010 caul sat hattis hip fm many 2010 2012 hunifies, Conditions started to WM DoweTTY ANION,AUCE Above NO', Cp Tolst HN improve iin 2010 and 2012, for E some., Wt.not for all 2 3 W E hat does it cost to afford the basic necessities? D mtmty of The barc-mimmum Householdtfn�mmm hug zz� S 1,63,,5 Survival Budget does not include any avian leaving a househ ngs Wd C14 C14 )Hulnerable to wwxpected Ir: experses,ALICE house hsal dc typsWy earn above,the Fedewal Poverty Level of S 11,770 for a ------- $522 0 s jr a W,I "s 0 ing&e aduft and$24,250 ft Taxes w Monthly Tbtal ��4 M faindy cat four,bt.4 Jess than the AN Householci Suivival Bu NUAL TOTAL, dget. ------- _ MAW POVEM, ANNUAL ?7H 77F TOTAF1 E ji,,ZDP.Zri fnxi CfL &xma, 0--t! ne,:,,-ur`„&,,wnr asp-,i:�%Y,,i, BOCC SR 08.21.19 Page 5 of 30 File#2018-120 Packet Pg. 2257 I Furthermore, Monroe County suffered the loss of a significant number of housing units due to 2 damage caused by Hurricane Irma on September 10, 2017. The BOCC has acknowledged that the 3 pre-existing affordable housing issues facing the County are even greater and more immediate now 4 due to storm-related losses. 5 6 While staff agrees with the position that inadequate availability of affordable housing is currently a 7 primary issue facing unincorporated Monroe County, staff is also reviewing the proposed 8 amendment for consistency with State Statutes, Rules, internal consistency with the Comprehensive 9 Plan and balancing all the requirements and policy issues. 10 11 Concept Meeting meeting was held on August 27, 2018 to 12 In accordance with LDC Section 102-158(a), a concept nice 0 13 discuss proposed Comprehensive Plan text amendment. It was determined that the proposed text 14 amendment will not have a county-wide impact because the proposed amendment establishes a Goal 15 for Stock Island to incentivize affordable housing and the associated subarea policy is site specific (n 16 and limited to three (3)parcels. 0 17 is Community Meeting LO 19 A community meeting was held on April 30, 2019 to discuss proposed Comprehensive Plan text 20 amendment. Public comment included concerns about potential maximum net density, market- 21 rate/workforce as provided under LDC Section 139-1, reason for inclusion of suburban commercial 22 (SC) zoning district, rental/ownership of units, definition of workforce housing, transferring 23 allocated density, impact to protest procedure, and internal consistency between proposed goal, 24 objective and policy. U_ LO N 25 26 Planning Commission and Public Input 27 On July 31, 2019, at a regular public meeting, the Planning Commission held a public hearing 28 regarding the proposed amendment and provided for public comment. The Planning Commission E 29 considered the application, the staff report, and the comments from the public in their 'a r_ 30 discussion, and recommended approval with changes, as discussed at the public hearing, of the 0 E 31 proposed CP text amendment (Resolution P29-19). The Planning Commission's recommended 32 changes are as follows: 33 34 1. Amend the proposed Policy 111.1.1 to allow a shoreside support facility associated with a M 35 mooring field as an accessory use associated with the Wreckers Cay project within the RH 36 FLUM and UR Zoning District; 37 2. Amend the proposed Policy I I I-I-I to state: 38 a. The Eighty (80) market rate dwelling units (ROGO-exemptions) may be transferred 39 within Stock Island upon approval of a minor conditional use following the approval of a 40 development agreement associated with the Wreckers Cay project. Additionally, the 0 41 transferred market rate ROGO-exemptions shall not be used for rentals of less than 28 0 W 42 days. a 43 b. The Thirty-Two (32) density rights (transferable development rights or TDRs) that r_ 44 exceed the allocated density for the UR zoning for the property of Forty-Eight (48) may 0 E 45 be transferred in Stock Island upon approval of a minor conditional use, if deemed to be 46 legally permissible. BOCC SR 08.21.19 Page 6 of 30 File#2018-120 Packet Pg. 2258 0.2.c I Furthermore, Monroe County suffered the loss of a significant number of housing units due to 2 damage caused by Hurricane Irma on September 10, 2017. The BOCC has acknowledged that the 3 pre-existing affordable housing issues facing the County are even greater and more immediate now 4 due to storm-related losses. 5 6 While staff agrees with the position that inadequate availability of affordable housing is currently a 0 7 primary issue facing unincorporated Monroe County, staff is also reviewing the proposed 8 amendment for consistency with State Statutes, Rules, internal consistency with the Comprehensive 9 Plan and balancing all the requirements and policy issues. 10 11 Concept Meeting 12 In accordance with LDC Section 102-158(a), a concept meeting was held on August 27, 2018 to 13 discuss proposed Comprehensive Plan text amendment. It was determined that the proposed text (n 14 amendment will not have a county-wide impact because the proposed amendment establishes a Goal 15 for Stock Island to incentivize affordable housing and the associated subarea policy is site specific 16 and limited to three(3)parcels. 17 18 Community Meeting (n LO 19 A community meeting was held on April 30, 2019 to discuss proposed Comprehensive Plan textIr- 20 amendment. Public comment included concerns about potential maximum net density, market- 21 rate/workforce as provided under LDC Section 139-1, reason for inclusion of suburban commercial 22 (SC) zoning district, rental/ownership of units, definition of workforce housing, transferring 23 allocated density, impact to protest procedure, and internal consistency between proposed goal, 24 objective and policy. LL 25 LO 26 Planning Commission and Public Input 27 On July 31, 2019, at a regular public meeting, the Planning Commission held a public hearing 28 regarding the proposed amendment and provided for public comment. The Planning Commission E 29 considered the application, the staff report, and the comments from the public in their 30 discussion, and recommended approval with changes, as discussed at the public hearing, of the E 31 proposed CP text amendment (Resolution P29-19). The Planning Commission's recommended 32 changes are as follows: 33 34 1. Amend the proposed Policy 111.1.1 to allow a shoreside support facility associated with a 35 mooring field as an accessory use associated with the Wreckers Cay project within the RH 36 FLUM and UR Zoning District; 37 2. Amend the proposed Policy 111.1.1 to state: 38 a. The Eighty (80) market rate dwelling units (ROGO-exemptions) may be transferred UI 39 within Stock Island upon approval of a minor conditional use following the approval of a 40 development agreement associated with the Wreckers Cay project. Additionally, the 1 41 transferred market rate ROGO-exemptions shall not be used for rentals of less than 28 42 days. 43 b. The Thirty-Two (32) density rights (transferable development rights or TDRs) that 44 exceed the allocated density for the UR zoning for the property of Forty-Eight (48) may 45 be transferred in Stock Island upon approval of a minor conditional use, if deemed to be 46 legally permissible. BOCC SR 08.21.19 Page 6 of 30 File#2018-120 Packet Pg. 2259 0.2.c 1 3. Amend the proposed Policy 111.1.1 to allow rental units only. 2 3 Staff Response to Planning Commission Recommendations 4 Staff concurs with Recommendations #1 and #3. Staff does not concur with Recommendation #2 5 that relates to the transfer of ROGO exemptions and the transfer of density. 6 7 The Property is nonconforming to allocated density due to extra units on the site. Based on the 8 existing development, the Property is not deemed to have max net density. Rather, it is deemed to 9 have allocated density. 10 11 As noted in the analysis section of the Staff Report, the transfer of ROGO exemptions is established 12 through Comprehensive Plan Policy 101.6.8. The transfer of development rights is established 13 through Comprehensive Plan Objective 10 1.13 and Policies 10.1.13.1, 101.13.2 and 101.13.3 14 (n 15 The proposed language is inconsistent with Comprehensive Plan Policy 101.13.2. Density must to 16 remain with the site proposed for the development of new affordable housing dwelling units. 17 Transfer of a site's allocated density removes all development rights and prohibits any development (n LO 18 under allocated density or maximum net density calculations. Ir- 19 20 The proposed language is inconsistent with Land Development Code 130-160(a)(7)which states, "A 21 development right may be transferred in part, provided it is rounded to the nearest tenth (i.e. if a 22 sender site is designated Native Area (NA) and consists only of two acres of upland, the property 23 owner may transfer the fractional 0.50 transferable development right). However, in accordance with 24 subsection (8), in no event shall a property owner utilize part of a sender site's acreage for a LO 25 transferable development right and maintain the right to develop that acreage as the land use M 26 intensity shall be exhausted." Further, this is inconsistent with Section 130-160, which requires a 27 sender site to be placed in a conservation easement prohibiting future development once TDRs are 28 transferred. 29 E 30 Sec. 130-160.- Transferable Development Rights (TDRs). 31 (a) General and criteria. The Maximum Net Density is the maximum density allowable with the 32 use of TDRs, and shall not exceed the maximum densities established in the Comprehensive Plan. 33 TDRs may be utilized to attain the density between the allocated density standard up to the 34 maximum net density standard. All residential development rights allocated or established in 35 sections 130-157 and 130-162(allocated density for permanent residential dwelling units or transient ri Ir- 36 units) are transferable from one parcel of land to another parcel of land,provided that the sender and �I 37 receiver sites meet all of the following criteria: 38 (1) A sender site is the land area from which the development right(s) to be transferred is derived. 39 In the event an applicant intends to only use part of a greater property for a transferable development 40 right application, the additional land area not required to amass the transferable development right(s) 41 shall not be considered part of the sender site and not subject to conservation as required in 42 subsection (8). As part of the application required in subsection (b)(2), the applicant shall provide a 43 boundary survey and legal description that identify the boundaries of the sender site within the 44 greater property. BOCC SR 08.21.19 Page 7 of 30 File#2018-120 Packet Pg. 2260 I A sender site shall meet the following criteria: 2 a. Located in a Tier 1, 11, 111-A or III designated area; including any tier within the County's 3 Military Installation Area of Impact(MIAI)Overlay; and 4 b. Property has development rights to transfer. 5 (2) The maximum net densities set forth in sections 130-157 and 130-162 shall not be exceeded 6 and new development on a receiver site shall be developed in compliance with each and every 7 requirement of this Land Development Code. 8 (3) The maximum net densities set forth for the applicable future land use category in the 9 Comprehensive Plan shall not be exceeded and new development on a receiver site shall be 10 developed in compliance with each and every requirement of the Comprehensive Plan and the Land A 11 Development Code. 12 (4) A receiver site shall meet the following criteria: 13 a. The Future Land Use category and Land Use (Zoning)District must allow the requested use; 14 b. Must have an adopted maximum net density standard; 0 15 C. Includes all infrastructure (potable water, adequate wastewater treatment and disposal 0 (n 16 wastewater meeting adopted LOS,paved roads, etc.); LO N Ir- 17 d. Located within a Tier III designated area; and 18 e. Is not located within a designated CBRS unit. 19 (5) The assignment of transferable development rights to receiver sites on Big Pine Key,No Name (n 20 Key, and North Key Largo from other areas of the County shall be prohibited, excluding the E 21 assignments of transferable development rights a) from sender sites on Big Pine Key to receiver sites U- LO 22 on Big Pine Key; b) from sender sites on No Name Key to receivers sites on No Name Key, c) from N 23 sender sites on No Name Key to Big Pine Key and d) from sender sites within North Key Largo to 24 receiver sites within North Key Largo. 25 (6) The assignment of transferable development rights to receiver sites within Land Use (Zoning) E 'a 26 Districts that do not have a maximum net densities is prohibited (including, but not limited to, E 27 Improved Subdivision (IS, IS-D, IS-M, or IS-V), Urban Residential Mobile Home (URM or URM- 28 limited), Sparsely Settled (SS), Native Area (NA), Offshore Island (OS), and Mainland Native 29 (MN). 30 (7) A development right may be transferred in part, provided it is rounded to the nearest tenth (i.e. M 31 if a sender site is designated Native Area(NA) and consists only of two acres of upland, the property 32 owner may transfer the fractional 0.50 transferable development right). However, in accordance with C� 33 subsection (8), in no event shall a property owner utilize part of a sender site's acreage for a 34 transferable development right and maintain the right to develop that acreage as the land use U 35 intensity shall be exhausted. 0 36 (8) Prior to application for a building permit authorizing the development of a dwelling unit on a 0 W 37 receiver site requiring a transferable development right, the sender site(s) shall be a) dedicated to the 38 county or b) placed in a conservation easement prohibiting its future development. A conservation 39 easement shall be reviewed and approved by the planning and environmental resources department E 40 prior to its recording in the official records of the county. BOCC SR 08.21.19 Page 8 of 30 File#2018-120 Packet Pg. 2261 o.2.c I A sender site shall meet the following criteria: 2 a. Located in a Tier I, II, III-A or III designated area; including any tier within the County's 3 Military Installation Area of Impact(MIAI) Overlay; and 4 b. Property has development rights to transfer. 5 (2) The maximum net densities set forth in sections 130-157 and 130-162 shall not be exceeded 6 and new development on a receiver site shall be developed in compliance with each and every 7 requirement of this Land Development Code. 2 8 (3) The maximum net densities set forth for the applicable future land use category in the 9 Comprehensive Plan shall not be exceeded and new development on a receiver site shall be U) 10 developed in compliance with each and every requirement of the Comprehensive-Plan and the Land 11 Development Code. 12 (4) A receiver site shall meet the following criteria: 13 a. The Future Land Use category and Land Use (Zoning)District must allow the requested use; 14 b. Must have an adopted maximum net density standard; 15 c, Includes all infrastructure {potable water, adequate wastewater treatment and disposal 16 wastewater meeting adopted LOS,paved roads, etc.); LO 17 d. Located within a Tier III designated area; and 18 e. Is not located within a designated CBRS unit. 19 (5) The assignment of transferable development rights to receiver sites on Big Pine Key,No Name W 20 Key, and North Key Largo from other areas of the County shall be prohibited, excluding the 21 assignments of transferable development rights a) from sender sites on Big Pine Key to receiver sites LO 22 on Big Pine Key; b) from sender sites on No Name Key to receivers sites on No Name Key, c) from 23 sender sites on No Name Key to Big Pine Key and d) from sender sites within North Key Largo to 24 receiver sites within North Key Largo. 25 (6) The assignment of transferable development rights to receiver sites within Land Use (Zoning) 26 Districts that do not have a maximum net densities is prohibited E p {including, but not limited to, 27 Improved Subdivision (IS, IS-D, IS-M, or IS-V), Urban Residential Mobile Home (URM or URM- 28 limited), Sparsely Settled (SS), Native Area (NA), Offshore Island (OS), and Mainland Native 29 (MN). 30 (7) A development right may be transferred in part,provided it is rounded to the nearest tenth (i.e. 31 if a sender site is designated Native Area(NA)and consists only of two acres of upland, the property 32 owner may transfer the fractional 0.50 transferable development right). However, in accordance with ri 33 subsection (8), in no event shall a property owner utilize part of a sender site's acreage for a �I 34 transferable development right and maintain the right to develop that acreage as the land use 35 intensity shall be exhausted. 0i 36 (8) Prior to application for a building permit authorizing the development of a dwelling unit on a 37 receiver site requiring a transferable development right, the sender site(s) shall be a) dedicated to the 38 county or b) placed in a conservation easement prohibiting its future development. A conservation E 39 easement shall be reviewed and approved by the planning and environmental resources department 40 prior to its recording in the official records of the county. BOCC SR 08.21.19 File#2018-120 Page 8 of 30 Packet Pg. 2262 0.2.E I (b)Procedure. The transfer of development rights shall be carried out as follows: 2 (1) A minor conditional use permit shall be required to identify, determine the eligibility of and 3 document the approval of the sender and receiver site, pursuant to the process set forth in section 4 110-. If a single receiver site is proposed to receive transferable development rights from multiple 5 sender sites, a conditional use permit application for each sender site shall be required. All sender 6 and receiver sites associated with a proposed transfer of a transferable development right shall be 7 identified at the time of application; 8 (2) The minor conditional use permit application required in subsection(b)(1) shall be submitted in a 9 form provided by the Planning and Environmental Resources Department and include the following: U) 10 a. The names and addresses of the property owners of record for the sender site(s) and receiver 0 11 site(s); 12 b. The property record cards from the Monroe County Property Appraiser of the sender site(s) 13 and receiver site(s); 14 c. Written legal descriptions of the sender site(s) and receiver site(s); 0 15 d. A copy of the affidavit of intent to transfer; LO 16 e. Boundary surveys and legal descriptions of the sender site(s) and receiver site(s), prepared by 17 a surveyor registered in the State of Florida, showing the boundaries of the sites, elevations, 18 bodies of water and wetlands,total acreage, total upland acreage and total acreage by habitat; 19 (3) A development order shall memorialize approval of the minor conditional use permit required in 20 subsection (b)(1). The development order shall include language requiring a Deed of Transfer 21 described in this subsection (below). After successfully passing all applicable appeal periods, the LO 22 development order shall be recorded in the official records of the Monroe County Clerk of the `"' 23 Circuit Court. Such recording shall be carried out so that the document is associated with all 24 applicable sender and receiver sites; and 25 (4) Prior to issuance of a building permit authorizing the development of a dwelling unit, all or a part 26 of which is derived from a transferred development right, a deed of transfer shall be recorded in the 27 chain of title of the sender site (transferor parcel) containing a restrictive covenant prohibiting the 0. 28 development that would require use of any of the allocated density that was transferred from the 29 parcel. 30 31 H1. PROPOSED COMIPREHENSIVE PLAN TEXT AMIENDMENTS 32 ri 33 The Applicant's proposed text is shown as follows: additions are in underlined, deletions are k-en 1 34 through. 35 0i 36 Policy 101.5.25 37 Monroe County hereby adopts the following density and intensity standards for the future land use 38 categories, which are shown on the FLUM and described in Policies 101.5.1-101.5.20. [F.S. § 39 163.3177(6)(a)l.] 40 BOCC SR 08.21.19 Page 9 of 30 File#2018-120 Packet Pg. 2263 0.2.c Future Land Use Densities and Intensities �.. Residential Nonresidential Minimum apeu Future Land Use Category Space Ratio U and Corresponding Allocated Density ca> Maximum Net Maximum cat Zoning (per upland acre) Density(a)(b) Intensity (per buildable acre) (floor area ratio) Agriculture/Aquaculture 0 du N/A 0.25 Per (A)(d) 0 rooms/spaces N/A underlying (no directly corresponding zoning zoning) 0 Airport(AD) 0 du N/A 0.10 0.20 (AD zoning) 0 rooms/spaces N/A Commercial(COMM) 0 du N/A 0.15-0.50 0.20 0 (Cl and C2 zoning) 0 rooms/spaces N/A cas era Conservation(C) 0 du N/A 0.05 090 (CD zoning) 0 rooms/spaces N/A Education(E)(a) 0 du NIA 0.30 Per (no directly corresponding 0 rooms/spaces N/A underlying zoning) zoning LO C14 Industrial(I) 1 du 2 du 0.25-0.60 0.20 r�a (I and MI zoning) 0 rooms/spaces N/A Institutional(INS)(�) 0 du N/A 0.30 Per E (no directly corresponding 15 rooms/spaces 24 rooms/spaces underlying zoning) zoning CL Mainland Native(MN) 0.01 du N/A 0.95-0.99 (MN zoning) 2 spaces N/A 0.03 Military(M) 6 du 12 du 0.30-0.50 0.20 (MF zoning) 10 rooms/spaces 20 rooms/spaces Mixed Use/Commercial 1 du(DR,MU,MI) 2 du(MI) 0.10-0.45 (MC)(f)(g) 3 du(SC) 6-18 du(SC)(k) (SC,UC,DR,MU) �I (SC,UC,DR,RV,MU and 6 du(UC) 12 du(UC) MI zoning) Commercial 12-18 du(MU)(1)f"1 <2,500 SF(RV) 0.20 01 Apartments 18 du(DR) 0 (RV)�) 0.30—0.60(MI) a 5-15 rooms/spaces 10-25 rooms/spaces Mixed Use/Commercial 1 du 12 du(CFA,CFSD) Fishing(MCF)(fl (CFSD-20) BOCC SR 08.21.19 Page 10 of 30 File#2018-120 Packet Pg. 2264 0.2.c Future Land Use Densities and Intensities Residential(1) Nonresidential Minimum Future Land Use Category Open and Corresponding Allocated Density(a) Maximum Net Maximum Space Ratio Zoning (per upland acre) Density t2>(11) Intensity (per buildable acre) (floor area ratio) Agriculture/Aquaculture 0 du NIA 0.25 Per (A)(d) 0 rooms/spaces N/A underlying (no directly corresponding un � zoning) zoning 0 Airport(AD) 0 du N/A 0,10 0.20 (AD zoning) 0 rooms/spaces N/A Commercial(COMM) 0 du c C1 and C2 zoning) N/A 0.15--0.50 0.20 ( g) 0 rooms/spaces N/A 0(n eo cv Conservation(C) 0 du N/A 005, (CD zoning) 0 rooms/spaces N/A 0.90 Education(E)td> 0 du N/A 0.30 Per (no directly corresponding 0 rooms/spaces N/A zoning) underlying zoning eo cv Industrial(1) 1 du 2 du 0.25-0.60 0.20 (I and MI zoning) 0 rooms/spaces N/A Institutional(INS)(d) 0 du N/A 0.30 per (no directly corresponding 15 rooms/spaces 24 rooms/spaces zoning) underlying zoning CL Mainland Native(MN) 0.01 du NIA M 0.95--0.99 (MN zoning) 2 spaces(e) N/A 0.03 tary(M) 6 du 12 du 0.30-0.50 zonin 0.20 [(:M:F g) 10 rooms/spaces 20 rooms/spaces cv Mixed Use/Commercial 1 du(DR,MU,MI) 2 du(MI) 0.10-0.45 (MC)«(g) 3 du(SC) 6-18 du(SC)W (SC,UC,DR,MU) (SC,UC,DR,RV,MU and 6 du(UC) 12 du(UC) MI zoning) Commercial 12-18 du(MU)(x)W <2,500 SF(RV) 0.20 1 Apartments 18 du(DR) (RV)(h) 0.30--0.60(MI) a a 5-15 rooms/spaces 10-25 rooms/spaces Mixed Use/Commercial 1 du 12 du(CFA,CFSD) Fishing(MCF)tf) (CFSD-20){'7 BOCC SR 08.21.19 File#2018-120 Page 10 of 30 Packet Pg. 2265 0.2.c (CFA,CFV,CFSD zoning) 3 du(CFA,all other 0.25-0.40 0.20 CFSD) 1 du/Iot(CFV) N/A(CFV) 0 rooms/spaces NIA Preservation(P)(d) 0 du N/A (P zoning) 0 rooms/spaces N/A 0 1.00 3: F(nodirectly ildings/Lands 0 du NIA 0.30 Per U) underlying corresponding 0 rooms/spaces NIA zoning -19 cos Public Facilities(PF)<d> 0 du N/A 0.30 Per (no directly corresponding 0 rooms/spaces N/A underlying r- zoning) zoning 0 cos Recreation(R) 0 du NIA 0.20 0.90 � (PR zoning) 2 rooms/spaces NIA Residential Conservation 0-0.10 du(OS) N/A 0--0.20 0.95 (RC) 0.25 du(NA) N/A (OS and NA zoning) 0 rooms/spaces Residential Low(RL) 0.50 du 3 du(SR-L) 0.25 LO (SS, SR,and SR-L zoning) 5 du(SR) 0.50 M or (SR,SR-L) 1 du/1ot(SR)tm> N/A(SS) 0.80(SS) �E 0 rooms/spaces N/A E Residential Medium(RM) 1 du/lot(IS,IS-V,IS- N/A CL C (IS,IS-V,IS-M and IS- M) D O)zoning) 2 duAot(IS-D) 0 C1 0.20 � 0 rooms/spaces N/A Residential High(RH) 6 du(UR) 12-25 du(UR)(k)(n) r`! (IS-D W,URM,URM-L and ldu/lot(URM,URM- N/A(IS-D,URM, UR zoning) L I URM-L) 0 0.20 2 du/Iot(IS-D) 0-20 rooms/spaces 1 0-10 rooms/spaces 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. BOCC SR 08.21.19 Page 11 of 30 File#2018-120 Packet Pg. 2266 O.2.c (b) The Maximum Net Density is the maximum density allowable with the use of TDRs,or for qualifying affordable housing development.TDRs can be utilized to attain the density between the allocated density standard up to the maximum net density standard.Deed restricted affordable dwelling units may be built up to the maximum net density without the use of TDRs."N/A" means that maximum net density bonuses shall not be available.Buildable acres means the portion of a parcel of land that is 31 developable and is not required open space. U L (c) Additional open space requirements may apply based on environmental protection criteria;in these cases,the most restrictive 0 requirement shall apply. (d) Future land use categories of AgriculturelAquaculture,Education,Institutional,Preservation,Public Buildings/Lands,and ,may be used with new or existing zoning districts as appropriate. Public Facilities,which have no directly corresponding zoning (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/ floor area ratio shall be 0.10 and the maximum net density bonuses Commercial Fishing future land use categories,the maximum shall not be available. (g) A mixture of uses shall be maintained for parcels designated as MI zoning district that are within the MC future land use category.Working waterfront and water dependent uses,such as marina,fish house/market,boat repair,boat building,boat storage, trs 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. (b) In the RV zoning district,commercial apartments shall be allowed,not to exceed 10%of total spaces allowed or in existence on the site,whichever is less. (i) The allocated density for the CFSD-20 zoning district(Little Torch Key)shall be 1 dwelling unit per acre,or 1 dwelling unit perLO LL parcel for those parcels existing as of September 15, 1986,whichever is less,and the maximum net density bonuses shall not be qy 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). as (j) Within IS subdivisions with primarily single family residential units,IS-D zoning maybe used with.a RM future land use 'a designation for platted lots which have a duplex that was lawfully established prior to September 15,1986. (k) The maximum net density shall be 25 du/buildable acre for the UR zoning district and shall be 18 duibuildable acre for the MU and SC zoning district for development where all units are deed restricted affordable dwelling units.For the UR zoning district market rate housing may be developed as part of an affordable or employee housing project with a maximum net density not exceeding 18 du/buildable acre. (1) Vessels,including live-aboard vessels,or associated wet slips are not considered dwelling units and do not count when calculating density. cv cv (m) Within the Residential Low future land use category,the maximum net density for platted lots of less than 0.40 gross acres within the SR zoning district shall be 1 dwelling unit per platted lot,provided all of the following conditions are met: n Density bonus above the max net densi1y provided may be permitted fora property within a site-specific policy area 0I under Goal 111. 1) The parcel must be one full platted lot shown on a plat approved by the County and duly recorded prior to January 2,1996; E 2) The platted lot may not be identified for any other use or purpose on the plat(e.g.,"park,""common area,"etc.); c� BOCC SR 08.21.19 Page 12 of 30 File#2018-120 Packet Pg. 2267 O.2.c (b) The Maximum Net Density is the maximum density allowable with the use of TDRs,or for qualifying affordable housing development.TDRs can be utilized to attain the density between the allocated density standard up to the maximum net density standard.Deed restricted affordable dwelling units may be built up to the maximum net density without the use of TDRs."N/A" means that maximum net density,bonuses shall not be available.Buildable acres means the portion of a parcel of land that is developable and is not required open space. (c) Additional open space requirements may apply based on environmental protection criteria;in these cases,the most restrictive19 requirement shall apply. 19 0 (d) Future land use categories of Agriculture/Aquaculture,Education,Institutional,Preservation,Public Buildings/Lands,and 'a Public Facilities,which have no directly corresponding zoning,may be used with new or existing zoning districts as appropriate. r_ A (e) Within the Mainland Native future land use district,campground spaces and nonresidential buildings shall only be permitted for19 educational,research or sanitary purposes. t!5 (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. 0 (g) A mixture of uses shall be maintained for parcels designated as MI zoning district that are within the MC future land use u7 category.Working waterfront and water dependent uses,such as marina,fish house/market,boat repair,boat building,boat storage, or other similar uses,shall comprise a minimum of 35%of the upland area of the property,adjacent to the shoreline,pursuant to Policy 101.5.6. (h) In the RV zoning district,commercial apartments shall be allowed,not to exceed 10%"of total spaces allowed or in existence on the site,whichever is less. LL (i) The allocated density for the CFSD-20 zoning district(Little Torch Key)shall be I dwelling unit per acre,or I dwelling unit per cCy parcel for those parcels existing as of September 15, 1986,whichever is less,and the maximum net density bonuses shall not be available.Residential density shall be allowed in addition to the permitted nonresidential uses and intensity(i.e.,density and intensity shall not be counted cumulatively). 0) Within IS subdivisions with primarily single family residential units,IS-D zoning maybe used with.a RM future land use designation for platted lots which have a duplex that was lawfully established prior to September 15, 1986. (k) The maximum net density shall be 25 du/buildable acre for the UR zoning district and shall be 18 du/buildable acre for the MU and SC zoning district for development where all units are deed restricted affordable dwelling units.For the UR zoning district market rate housing may be developed as part of an affordable or employee housing project with a maximum net density not exceeding 18 du/buildable acre. (1) Vessels,including live-aboard vessels,or associated wet slips are not considered dwelling units and do not count when calculating density. cv within the SR zoning district shall be 1 dwelling unit per platted lot,provided all of the following conditions are met; (m) Within the Residential Low future land use category,the maximum net density for platted lots of less than 0.40 gross acres I (n)Density bonus above the max net density provided may be permitted for a property within a site specific policy area under Goal 111 1) The parcel must be one full platted lot shown on a plat approved by the County and duly recorded prior to January 2,1996, E 2) The platted lot may not be identified for any other use or purpose on the plat(e.g.,"park,""common area,"etc.); BOCC SR 08.21.19 File#2018-120 Page 12 of 30 Packet Pg. 2268 0.2.c 3) The platted lot must have a Tier designation of Tier III; 4) Notwithstanding Policy 101.13.2,the maximum net density may only be reached with the transfer of one(1)full TDR 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 Development Code; 6) TDRs under this provision may not be transferred into noise zones of 65 DNL or greater;and 7) The subject parcel must comply with Policy 301.2.5 regarding legal access. sn 1 � 0 2 * 3 Goal 111 4 Monroe County shall manage future growth to enhance the quality of life and safety of County_ 5 residents, and prioritize the provision of workforce housing (households that derive at least seventy 0 6 percent (70%) of their household income from gainful employment in Monroe County) that is safe 7 code compliant, and resilient. Incentivize it through density bonuses that exceed the density c"8„ 8 limitations in Policy 101.5.25 and Section 130-157 of the Land Development Code within approved 9 site-specific areas located on Stock Island. 10 11 Obiective 111.1 12 Monroe County shall create site-specific areas located in Stock Island which provide density 13 bonuses for developing workforce housing in areas suitable for workforce housing Such site specific LO 14 areas shall facilitate the transference of ROGO and TDR vaKY parking, and allow for three (3) 15 stories within the height envelope based on acceptable data and analysis that evidences the sufficient 16 intermodal transportation including bust stops bicycle paths and utilization of scooters 17 18 Policy 111.1.1 Stock Island Workforce Area 1- To provide Limitations on Development and 19 Specific Restrictions 20 21 Development in the Stock Island Workforce Area 1 shall be subject to regulations applicable to the 22 Residential Hijzh Future Land Use Designation except as provided below: 23 24 1. Notwithstanding the density standards set forth in Policy 101 5 25 the Maximum Net Density of 25 the Stock Island Workforce Area 1 shall be 40 dwelling units per acre and shall not require ri 26 transferable development rights. 27 2. The Eighty (80) market rate dwelling units and their associated Eighty (80) allocated density U 28 rights may be transferred anywhere in the Lower Keys upon application and approval of a minor 0i 29 conditional use. 30 3. Buildings that are voluntarily elevated up to three (3) feet above base flood to be three (3) 31 habitable floors excluding mechanical components and elevator shafts 32 4. Parking requirements shall be 1 parking space per one bedroom unit—I 5 parkin paces per two E 33 bedroom unit, and 2 parking_spaces per three bedroom unit 34 5. Nonresidential uses shall be prohibited. Accessory uses to the residential development such as a 35 club house or recreational facilities are permitted BOCC SR 08.21.19 Page 13 of 30 File#2018-120 Packet Pg. 2269 1 6, There shall be no market rate or transient residential units. 2 7. The protest procedures set forth within Sec. 102-158(d)(8) are applicable to applications 3 submitted under this Policy 111.1.1. 4 5 Us U) 6 IV. ANALYSIS OF PROPOSED AMENDMENT 7 8 Military Installation Area of Impact(N") 9 The proposed text amendment was transmitted to the Commanding Officer of Naval Air Station Key 10 West on February 20, 2019 as required by Comprehensive Plan Objective 108.1 and Policies 108.1.1 11 and 108.1.3. Within 30 days from the date of receipt from Monroe County of proposed changes, the U) 12 Naval Air Station Key West commanding officer or his or her designee may provide comments to 13 Monroe County on the impact proposed changes may have on the mission of the military .2 (n 14 installation. No comments have been received. (n 15 16 Traffic Study and Parking Analysis 0 17 The submitted Level 3 Traffic Study and Parking Analysis prepared by Trident Engineering dated 18 August 2018 is currently under review with the County's Traffic Engineer. LO N 19 Ir- 20 Proposed Text Amendment Language 21 The following table itemizes the individual components of the Applicant's proposed site specific 22 subarea policy and provides staff s analysis and recommendation for each item: 23 24 U- LO 25 26 27 E E M 0 0 W E BOCC SR 08.21.19 Page 14 of 30 File#2018-120 Packet Pg. 2270 0.2.c 1 6. There shall be no market rate or transient residential units. 2 7. The protest Procedures set forth within Sec 102-158(d)(8) plicable to applications 3 submitted under this Policv 111 1 1 4 5 6 IV. ANALYSIS OF PROPOSED AMENDMENT 7 8 Military Installation Area of Impact(NMI) 9 The proposed text amendment was transmitted to the Commanding Officer of Naval Air Station Key 10 West on February 20, 2019 as required by Comprehensive Plan Objective 108.1 and Policies Io8.1.1 2 11 and 108.1.3. Within 30 days from the date of receipt from Monroe County of proposed changes, the 12 Naval Air Station Key West commanding officer or his or her designee may provide comments to 13 Monroe County on the impact proposed changes may have on the mission of the military (n 14 installation.No comments have been received. 15 (n 16 Traffic Study and Parking Analysis 17 The submitted Level 3 Traffic Study and Parking Analysis prepared by Trident Engineering dated 18 August 2018 is currently under review with the County's Traffic Engineer. LO 19 cv 20 Proposed Text Amendment Language 21 The following table itemizes the individual components of the Applicant's proposed site specific 22 subarea policy and provides staff s analysis and recommendation for each item: (n 23 24 25 LO 26 27 N cv �s i i BOCC SR 08.21.19 File#2018-120 Page 14 of 30 Packet Pg. 2271 0.2.c •E N 4 a U � d � M > pU �a 0 888 " d LO S � � o v > co LO co d d Q,.c �,� a.� � 8��•o v a�^o 0 ow O �,� �� •q,� ahi 4� �-o• a va c U C ^V•O 3 O a0a'O � �O+.. � U y, CL Q w O O fy v ,ti O ai c0 oo �.« c. � o O U N N U > U N C O Cd . U .° •o� U•c�� v� m •fi� � ra O � .f rn .�.+ �' v U•� q sri OVA —5 m � � um p � o v a3 `� `�b•� rS°n^ ry m ❑ O O cst�ha Ho,�n'•p fO _x'Uoc�3�U�+{AV�~3-�}m Cp 'm�cN'S�v�q G,.,� N:❑0 �Qy❑•�w.^:0" *.r"yi� "�cO�t?'�i�[E.o'w�oG CCU°j.Lv��V.."CO�' .°N�w. 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STAFF-RECOMMENDED CHANGES TO PROPOSED AMENDMENT 2 3 As noted above, the Applicant's proposed text, as submitted on June 20, 2018 and revised on May 4 22, 2019, additions are shown in underlined, deletions are str-ieke tkough. Staff proposed underline, deletions are red 44��- 5 amendments are as additions in red L,U) 0 6 7 2 8 Policy 101.5.25 intensity standards for the future land use 9 Monroe County hereby adopts the following density and 'a 10 categories, which are shown on the FLUM and described in Policies 101.5.1-101.5.20. [F.S. § 11 A 163.3177(6)(a)l.] Future Land Use Densities and Intensities Minimum Residential to Nonresidential Open Future Land Use Category Space Ratio 0 0 and Corresponding Allocated Density* Maximum Net Maximum 0 Zoning (per upland acre) Density Intensity (n (per buildable acre) (floor area ratio) LO C14 tas Residential High(RH) 6 du(UR) 12-25 du(UR)(k)L`� (IS-D O),URM,URM-L and Idu/Iot(URM,URM- N/A(IS-D,URK 0.20 U- LTR zoning) L) URM-L) 0 LO C14 2 du/lot(IS-D) 0-20 rooms/spaces 0—10 rooms/spaces E Notes: as E (a) The allocated densities for submerged lands,salt ponds,freshwater ponds,and mangroves shall be 0 and the maximum net < density bonuses shall not be available. (b) The Maximum Net Density is the maximum density allowable with the use of TDRs,or for qualifying affordable housing development.TDRs can be utilized to attain the density between the allocated density standard up to the maximum net density standard.Deed restricted affordable dwelling units may be built up to the maximum net density without the use of TDRs."N/A" means that maximum net density bonuses shall not be available.Buildable acres means the portion of a parcel of land that is C14 developable and is not required open space. C14 (c) Additional open space requirements may apply based on environmental protection criteria;in these cases,the most restrictive requirement shall apply. W 0 (d) Future land use categories of Agriculture/Aquaculture,Education,Institutional,Preservation,Public Buildings/Lands,and 0 Public Facilities,which have no directly corresponding zoning,may be used with new or existing zoning districts as appropriate. W a 4i (e) Within the Mainland Native future land use district,campground spaces and nonresidential buildings shall only be permitted for qy educational,research or sanitary purposes. SR PC 07.31.19 Page 20 of 30 File#2018-120 Packet Pg. 2279 0.2.E I V. STAFF-RECOM.MENDEDCHANGES TO PROPOSEDA 2 3 As noted above, the Applicant's proposed text, as submitted on June 20, 2018 and revised on May 4 22, 2019, additions are shown in underlined, deletions are s 5 amendments are as additions in red underline, deletions are red stFiel e-n4hf. Staff proposed 6 7 *>,z* & Policy 101.5.25 9 Monroe County hereby adopts the following density and intensity standards for the future land use 10 categories, which are shown on the FLUM and described in Policies 101.5.1-101.5.20. [F.S. § 11 163.3177(6)(a)l.] 0 EAllocated se Densities and Intensifies Residential tia Nonresidential Minimum Future Land Use Category Open and Corresponding nsi (�1 Maximum Net Space Ratio 0 t3 Maximum tCl 0 Zoning acre) Density{0) Intensi ty LO (per buildable acre) (floor area ratio) Residential High(RH) 6 du(UR) 12-25 du(UR) > (IS-D 0),URM,URM-L and ldu/lot(URM,URM- N/A(IS-D,URM, °® UR zoning) L) URM-L) 0LO 0.20 2 du/lot(IS-D) 0 20 rooms/spaces 0-10 rooms/spaces Notes: (a) The allocated densities for submerged lands,salt ponds,freshwater ponds,and mangroves shall be 0 and the maximum net density bonuses shall not be available. (b) The Maximum Net Density is the maximum density allowable with the use of TDRs,or for qualifying affordable housing development.TDRs can be utilized to attain the density between the allocated density standard up to the maximum net density standard.Deed restricted affordable dwelling units may be built up to the maximum net density without the use of TDRs."N/A" means that maximum net density bonuses shall not be available.Buildable acres means the portion of a parcel of land that is rd developable and is not required open space. I (c) Additional open space requirements may apply based on environmental protection criteria;in these cases,the most restrictive U requirement shall apply, I (d) Future land use categories of Agriculture/Aquaculture,Education,Institutional,Preservation,Public Buildings/Lands,and Public Facilities,which have no directly corresponding zoning,may be used with new or existing zoning districts as appropriate. (e) Within the Mainland Native future land use district,campground spaces and nonresidential buildings shall only be permitted for educational,research or sanitary purposes. ao SR PC 07.31.19 File#2018-120 Page 20 of 30 Packet Pg. 2280 . 0.2.c (f) For properties consisting of hammocks,pinelands or disturbed wetlands within the Mixed Usel 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 gnated as MI zoning district that are within the MC future land use � category.Working waterfront and water dependent uses,such as marina,fish house/market,boat repair,boat building,boat storage, qa or other similar uses,shall comprise a minimum of 35%of the upland area of the property,adjacent to the shoreline,pursuant to c9 Policy 101.5.6. 0 (h) In the RV zoning district,commercial apartments shall be allowed,not to exceed 10%of total spaces allowed or in existence on the site,whichever is less. (i) The allocated density for the CFSD-20 zoning district(Little Torch Key)shall be 1 dwelling unit per acre,or 1 dwelling unit per parcel for those parcels existing as of September 15,1986,whichever is less,and the maximum net density bonuses shall not be available.Residential density shall be allowed in addition to the permitted nonresidential uses and intensity(i.e.,density and intensity shall not be counted cumulatively). 0) Within IS subdivisions with primarily single family residential units,IS-D zoning may be used with a RM future land use designation for platted lots which have a duplex that was lawfully established prior to September 15, 1986. o t!5 (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 e14 cv It- and SC zoning district for development where all units are deed restricted affordable dwelling units.For the UR zoning district market rate housing may be developed as part of an affordable or employee housing project with a maximum net density not exceeding 18 du/buildable acre. t!5 (1) Vessels,including live-aboard vessels,or associated wet slips are not considered dwelling units and do not count when calculating density. LL era (m) Within the Residential Low future land use category,the maximum net density for platted lots of less than 0.40 gross acres within the SR zoning district shall be 1 dwelling unit per platted lot,provided all of the following conditions are met: n Density bouts increase above the max net density provided may be permitted for a property within a site specific E Policy subarea under Goal 111 1) The parcel must be one full platted lot shown on a plat approved by the County and duly recorded prior to January 2, 1996; 2) The platted lot may not be identified for any other use or purpose on the plat(e.g.,"park,""common area,"etc.); 3) The platted lot must have a Tier designation of Tier III; .- 4) Notwithstanding Policy 101.13.2,the maximum net density may only be reached with the transfer of one(1)full TDR to the SR � lot,regardless of the size of the lot and the allocated density assigned to it; I 5) The TDR must meet all requirements and procedures specified in Policy 101.13.3 and Section 130-160 of the Land Development Code; I 6) TDRs under this provision may not be transferred into noise zones of 65 DNL or greater;and 7) The subject parcel must comply with Policy 301.2.5 regarding legal access. 1 � 2 kkkk* SR PC 07.31.19 Page 21 of 30 File#2018-120 Packet Pg. 2281 goal III tu e growth enhance the quality of life and safejy--Qf affordable ho�usili'i' 2 Monroe n hall ana future u r row to e c 0 County s m e affordable �j us e � orit t 0 0-dab 0 n 3 residents and ize he a I sin ri rovisi of 4 e t is co cam t r sil t. To tivize the su 1 0 a t inccntivLzLLhc-S-u-WJy of�afford4tj��ag �n 5 :9 tha safe de lian. and resilient. vide for the development of site-specific land Use 0 6 near /ment centers, the County shall provide maxii-nurn of 40 affordable dwelling units nc-.r 7 mechanisms limited to density increases up to modification height. and 8 buildable acre. transfer of ROGO exemptions within the Lower Keys dification to�mo ient the development notential to address the 9 alternate off-street arking req rements, to au rn 10 inadequate availabilit of affordable housinLower Keys. 0 11 12 13 a This Goal sha11 only be available to properties Nvithin the Residential Hiah (n(RH)14 Future Land Use Map (FLUM) category on Stock Island as established tlrrou�h a site specific 0 15 subarea policy. LO 16 17 Objective 111.1 18 Monroe County shall create site-specific subareas located in Stock Island which provide density a 2r r- p 19 increases Lip to a maximum of 40 affordable dwelling units er buildable acre for close pro?�� (n 20 —develop—ingaffordable housin in suitable areas located in Such site Oecific subareas m 21 pjj�Iornent center u- ay a rV LO 22 facilitate the transfer ene-e off RO rn GO-exe tions jTREs TIDR vaDL off-street _ 3' stones within the buildin height envelp-�-b--�� 23 requirernents-, and may for U to three ) �iq�allow�� A�a 24 E site-specific area located on Stock_Island shall 25 site, restrictions and allowances qllow�for the s require a Polic definin the develo ment re 26 E 27 28Policy 111.1.1 Stock Island Workforce Sub,zArea 29 an..d i p-2�E i-A—ZA S�tc ml�i 30 Stock Island Workforce SubaArea I shall zz� 31 Development o affordable housing in the Stock Island WO, oJ -_q-O-U-s-I-nX--In--LH-c-3-L- and Use Designation except as provided T7 32 applicable to the Residential High R ) Futurecv cv 33 below: 34 35 1. Notwithstanding the density standards set forth in Policy 101 5.25 the Maximum�Net D�ensi of o unitsj r-buildable acre for property0 W 36 the Stock Island Workforce SubaArea I shall be 40 dwelling-- a transferable devel S. 37 within 38 2. There shall be no allocated or maximum net density standard available for market rate dwelling; E 39 units or_transient units. SR PC 07.31.19 Page 22 of 30 File#2018-120 Packet Pg. 2282 O.2.c I Goal 111 2 Monroe County shall manage future growth to enhance the qualily of life and safety of County 3 residents, and prioritize the provision of affordable housing werkfere-e ];e„ ' g 5 Eeuno that is safe code compliant and resilient To incentivize the supply of affordable housing 6 near employment centers the County shall provide for the development of site specific land use 7 mechanisms, limited to density increases up to a maximum of 40 affordable dwelling units per 8 buildable acre, transfer of ROGO exemptions within the Lower Keys modification to height, and 9 alternate off-street parking requirements to augment the develo ment potential to address the m 10 inadequate availability of affordable housing in the Lower Keys 1nc-,L-BtiA4 o -- Jf+h oiigh Applieapt4 U) 11exeeedp-lievmy c 2c and 0 ecifie legated a 12 oa + ,,amas Us 13 Stork island. ThisGoal shall only be available to properties within the Residential Hi h (RHO 14 Future Land Use Map (FLUM) categry on Stock Island as established through a site specific 15 subarea policy. 16 LO 17 4biective 111.1 18 Monroe County shall create site-specific subareas located in Stock Island which provide density 19 mcreases up to a maximum of 40 affordable dwelling units per buildable acre berms for 20 developing w^ kfefec affordable housing in suitable areas located in close proximity to an 21 employment center(Key West)spy Such site specific subareas may shall LO 22 facilitate the transfers of ROGO-exemptions (TREs) 'ram may vary off-street parking 23 requirements, and may allow for up to three(3) stories within the buildin z height envelope based-,gn 24 25 steps bile g p pghs and utilization of All site specific area located on Stock Island shall 26 require a Policy defining the development restri tions and allowances for the site 27 28 Policy 111.1.1 Stock Island Workforce SubaArea 1=To pr-ev ac I mft-p-29 and N ea.aliCTCCJ[i'I-G7SV21s 30 31 Development of affordable housing in the Stock Island Workforce SubaAxea 1 shall be subject to 32 regulations applicableNplicable to the Residential High(RH) Future Land Use Designation except as provided ri 33 below: 34 35 1. Notwithstanding the density standards set forth in Policy 101 5 25 the Maximum Net Density of 36 the Stock Island Workforce SubaArea 1 shall be 40 dwelling units per buildable acre for roperty 37 within the UR zoning districts and shall not require transferable develo meat rights 38 2. There shall be no allocated or maximum net density standard available for market rate dwelling 39 units or transient units. c� SR PC 07.31.19 Page 22 of 30 File#2018-120 Packet Pg. 2283 0.2.c 1 3. The maximurn floor area ratio (FAR) t'or all nonresidential uses within the subarea shall be zero 2 A shoresrde support facrhty associated with a mooring field as an accessory use associated with 3 the Wreckers Cav project within the LU and U Zoning District 4 JA 6 z� r 7 4. uilin s that are .,��vated to three (3) feet above base flood rnay be developed 8 with three 3 habitable floors 9 5. Parkiing requirements shall be 1 parkin- space Per one edroo it 1 5 Parkin s aces er o 10 bedroomrt and 2 p spaces per three be oo unit based o acce table data and A 11 analysis reviewed and approved by the Planning Director that evidences the sufficient intermodal 12 transportation including bus stops bicycle paths and utilization of scooters 13 . Nonresidential u prohibited. 'Lis shall be Accessory uses to e residential develop et such as a is 14 club house or recreational facilities are pe ed A shoreside support facilit associated with a 15 moo nn field as an accessory use associated with the Wreckers Caw project within the 0 16 FLUM and UIR Zoning Di strict Us LO 17 7. All new residential units develo ed 18 within the Stock Island Workforce Subarea 1 shall be subject to the ROGO errnit allocation 19 s stem~ cis 20 8. The protest procedures set forth within Sec 102-158(d)(8 are�plicable to applications �, 21 submitted under this Policy 111 1 1 22 9. A development a reement shall be required for any LO praoposed development of an affordable 23 housin Project within the Stock Island Workfor~ce Subarea 1 to done the income category 24 distrrb tron for the proposed development 25 10. All.new affordable units developed within the Stock Island Workforce Subarea 1 shall require 26 occupants to derrvc at least seventy percent (70°l�) of their horrselrold income from airll 27 em1aloyment rrl Monroe County 28 11._The boundary for tl�e Stock Island Workforce Subarea 1 is legally described as Crovide full CL C 29 legal description of the subarea} 30 <insert map> 31 32 12. The affordable units hall be rental units only 33 13. The Fi hty (80)market rate dwelling units may be transferred to 1S and/or URM zonin districts 34 and may not be used for rentals less than 28 dam 35 36 37 38 V . CONSISTENCY WITH THE MONROE COUNTY , THE 39 STOCK ISLAND-KEY HAVEN LIVABLE COMMUNIKEYSa 40 FOR GUIDINGFLORIDA STATUTES. 41 SR PC 07.31.19 Page 23 of 30 File#2018-120 Packet Pg. 2284 I A. The proposed amendment is consistent with the Goals, Objectives and Policies of the I 2 Monroe County 2030 Comprehensive Plan. Specifically,it furthers: 3 4 Goal 101: Monroe County shall manage future growth to enhance the quality of life, ensure the 5 safety of County residents and visitors, and protect valuable natural resources. 6 7 Objective 101.3 8 Monroe County shall regulate new residential development based upon the finite carrying 9 capacity of the natural and man-made systems and the growth capacity while maintaining a 10 maximum hurricane evacuation clearance time of 24 hours. 11 A 12 Policy 101.3.3 13 Monroe County shall allocate at least 20% of the annual allocation, or as may be established by 0 14 the State of Florida, pursuant to Administration Commission Rules, to affordable housing units 15 as part of ROGO. Any portion of the allocations not used for affordable housing shall be retained 16 and be made available for affordable housing from ROGO year to ROGO year. Affordable 0 17 housing eligible for this separate allocation shall meet the criteria specified in Policy 601.1.4 and 18 the Land Development Code, but shall not be subject to the competitive Residential Permit (n LO 19 Allocation and Point System in Policy 101.6.4. Any parcel proposed proposed for affordable housing shall N 20 not be located within an area designated as Tier I as set forth under Goal 105 or within a Tier III- 21 A Special Protection Area as set forth in Policy 205.1.1. 22 23 Objective 101.5 24 Monroe County shall regulate future development and redevelopment to maintain and enhance U_ 25 the character of the community and protect natural resources by providing for the compatible LO N 26 distribution of land uses consistent with the designations shown on the Future Land Use Map. 27 28 Policy 101.5.4 Residential High (RH) future land use category is to provide for E 29 The principal purpose of the Re 'a 30 high-density single-family, multi-family, and institutional residential development, including E 31 mobile homes and manufactured housing, located near employment centers. 32 33 GOAL 108 34 The compatibility of lands adjacent to or closely proximate to the Boca Chica airfield of Naval 35 Air Station Key West (NASKW) pursuant to Sections 163.3175 and 163.3177, Florida Statutes, 36 shall be achieved through the implementation of the Objectives and Policies, incorporated herein. C) 37 Achieved is defined as being consistent with the Objectives and Policies, incorporated herein. N 38 (Ord.No. 0 12-2012, DEO 12-1 ACSC-NOI-440 1-(A)—(I eff. 7-19-2012) 39 40 Objective 108.1 e County shall exchange information to encourage 0 41 Naval Air Station Key West and Monroe 10 42 effective communication and coordination concerning compatible land uses as defined herein. W 43 (Ord. No. 012-2012, DEO 12-1ACSC-NOI-4401-(A)—(I), eff. 7-19-2012) 44 E 45 Policy 108.1.1 SR PC 07.31-19 Page 24 of 30 File#2018-120 Packet Pg. 2285 0.2.c I A. The proposed amendment is consistent with the Goals, Objectives and Policies of the 2 Monroe County 2030 Comprehensive Plan. Specifically,it furthers: 3 4 Goal 101: Monroe County shall manage future growth to enhance the quality of life, ensure the 5 safety of County residents and visitors,and protect valuable natural resources. 6 7 Objective 101.3 8 Monroe County shall regulate new residential development based upon the finite carrying 9 capacity of the natural and man-made systems and the growth capacity while maintaining a 10 maximum hurricane evacuation clearance time of 24 hours. 11 U) 12 Policy 101.3.3 13 Monroe County shall allocate at least 20% of the annual allocation, or as may be established by cis 14 the State of Florida, pursuant to Administration Commission Rules, to affordable housing units 15 as part of ROGO. Any portion of the allocations not used for affordable housing shall be retained 16 and be made available for affordable housing from ROGO year to ROGO year. Affordable 0 17 housing eligible for this separate allocation shall meet the criteria specified in Policy 601.1.4 and 18 the Land Development Code, but shall not be subject to the competitive Residential Permit LO 19 Allocation and Point System in Policy 101.6.4. Any parcel proposed for affordable housing shallIr- 20 not be located within an area designated as Tier I as set forth under Goal 105 or within a Tier III- 21 A Special Protection Area as set forth in Policy 205.1.1. 22 23 Objective 101.5 24 Monroe County shall regulate future development and redevelopment to maintain and enhance LO 25 the character of the community and protect natural resources by providing for the compatible 26 distribution of land uses consistent with the designations shown on the Future Land Use Map. 27 28 Policy 101.5.4 29 The principal purpose of the Residential High (RH) future land use category is to provide for 30 high-density single-family, multi-family, and institutional residential development, including 31 mobile homes and manufactured housing, located near employment centers. 32 33 GOAL 108 34 The compatibility of lands adjacent to or closely proximate to the Boca Chica airfield of Naval _ 35 Air Station Key West (NASKW) pursuant to Sections 163.3175 and 163.3177, Florida Statutes, 36 shall be achieved through the implementation of the Objectives and Policies, incorporated herein. 37 Achieved is defined as being consistent with the Objectives and Policies, incorporated herein. 388 (Ord. No. 012-2012,DEO 12-IACSC-NOI-4401-(A)—(I), eff. 7-19-2012) i 40 Objective 108.1 0i 41 Naval Air Station Key West and Monroe County shall exchange information to encourage 42 effective communication and coordination concerning compatible land uses as defined herein. 43 (Ord. No. 012-2012,DEO 12-lACSC-NOI-4401-(A)—(I), eff. 7-19-2012) 44 45 Policy 10 .1.1 SR PC 07.31.19 Page 24 of 30 File#2018-120 Packet Pg. 2286 O.2.c I Monroe County shall transmit to the commanding officer of Naval Air Station Key West 2 information relating to proposed changes to comprehensive plans, plan amendments, Future 3 Land Use Map amendments and proposed changes to land development regulations which, if 31 4 approved, would affect the intensity, density, or use of the land adjacent to or in close proximity i 5 to the Naval Air Station Key West (within the Military Installation Area of Impact (MIAI)). 6 Pursuant to statutory requirements, Monroe County shall also transmit to the commanding 7 officer copies of applications for development orders requesting a variance or waiver from height 8 requirements within areas defined in Monroe County's comprehensive plan as being in the MIAI. 9 Monroe County shall provide the military installation an opportunity to review and comment on 10 the proposed changes. (Ord. No. 012-2012, DEO 12-lACSC-NOI-4401-(A)—(I), eff. 7-19- 11 2012) 12 c� 0 13 Policy 108.1.2 14 Monroe County shall coordinate with Naval Air Station Key West and the Department of cis 15 Economic Opportunity (State Land Planning Agency) to review Best Practices and provide 16 guidance on recommended sound attenuation options to be identified in development orders for 17 optional implementation in new construction and redevelopment of existing structures in areas 18 located within the MIAI. The list of recommended sound attenuation options may be based on LO N 19 the level of noise exposure, level of sound protection, and the type of residential construction or 20 manufactured housing that is proposed. Monroe County and the Naval Air Station Key West will 21 coordinate with the Department of Economic Opportunity to identify state and federal housing 22 programs, and to develop informational literature to inform qualified homeowners of the 23 availability of potential funds for sound attenuation. (Ord. No. 012-2012, DEO 12-lACSC-NOI- 24 4401-(A)—{I), eff. 7-19-2012) U- 25 cv 26 Policy 108.1.3 27 Within 30 days from the date of receipt from Monroe County of proposed changes, the Naval Air 0 28 Station Key West commanding officer or his or her designee may provide comments to Monroe 29 County on the impact proposed changes may have on the mission of the military installation. 0 30 Monroe County shall forward a copy of any comments regarding comprehensive plan 31 amendments to the state land planning agency. The commanding officer's comments, underlying CL C 32 studies, and reports shall not be binding on Monroe County. Monroe County shall take into 33 consideration any comments provided by the Naval Air Station Key West commanding officer or 34 his or her designee and shall also be sensitive to private property rights and not be unduly 35 restrictive on those rights. (Ord. No. 012-2012, DEO 12-lACSC-N0I-4401-(A)-4I), eff. 7-19- 36 2012) 37 38 Goal 601: Monroe County shall adopt programs and policies to facilitate access by residents to 39 adequate and affordable housing that is safe, decent, and structurally sound, and that meets the 40 needs of the population based on type, tenure characteristics, unit size and individual 41 preferences. 42 43 Policy 601.1.4 44 All affordable housing projects which receive development benefits from Monroe County, 45 including but not limited to ROGO allocation award(s) reserved for affordable housing, 46 maximum net density, or donations of land, shall be required to maintain the project as SR PC 07.31.19 Page 25 of 30 File#2018-120 Packet Pg. 2287 1 affordable for a period of 99 years pursuant to deed restrictions or other mechanisms specified in 2 the Land Development Code, and administered by Monroe County or the Monroe County 3 Housing Authority. 4 5 Policy 601-1.8 6 Monroe County shall allocate at least 20% of the annual ROGO allocation, or as may be 7 established by the State of Florida, pursuant to Administration Commission Rules, to affordable 8 housing units, as specified in Policy 101.3.3. Affordable housing eligible for this separate 2 9 allocation must meet the criteria established in the Land Development Code. 10 A 11 Policy 601.1.9 12 Monroe County shall maintain land development regulations which may include density 13 bonuses, impact fee waiver programs, and other possible regulations to encourage affordable 0 (n 14 housing. 15 16 B. The proposed amendment is consistent with the Stock Island Livable Communikeys Plan. 0 17 Specifically, it furthers: LO 18 N 19 Action Item 2.3.1 Ir- d FLUM categories as the regulatory tool used for 20 Continue to recognize land use districts an 21 evaluating individual proposals for compliance with land development standards such as type of 22 use and intensity of use. 23 E 24 Action Item 3.1.1 U- LO 25 Provide a density bonus unique to Stock Island to encourage the development of low to very low 26 income rental housing. 27 28 Strategy 3.3 E of low to very low affordable housing options. 29 Maintain and improve the existing amount 30 E 31 Action Item 3.4.3 32 Increase density bonuses for low and very low income. 33 inciples for Guiding Development for the Florida 34 C. The amendment is consistent with the Pr 35 Keys Area, Section 380.0552(7),Florida Statutes. 36 37 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan 38 with the principles for guiding development and any amendments to the principles,the principles 39 shall be construed as a whole and no specific provision shall be construed or applied in isolation 40 from the other provisions. capabilities for managing land use and development so that 0 41 (a) Strengthening local government capab 0 42 local government is able to achieve these objectives without continuing the area of critical W 43 state concern designation. coral reef formations, 44 (b) Protecting shoreline and benthic resources, including mangroves, E sh and wildlife, and their habitat. 45 seagrass beds, wetlands, fi SR PC 07.31.19 Page 26 of 30 File#2018-120 Packet Pg. 2288 0.2.c I affordable for a period of 99 years pursuant to deed restrictions or other mechanisms specified in 2 the Land Development Code, and administered by Monroe County or the Monroe County 3 Housing Authority. 4 5 Policy 601.1.8 6 Monroe County shall allocate at least 20% of the annual ROGO allocation, or as may be 0 7 established by the State of Florida, pursuant to Administration Commission Rules, to affordable 8 housing units, as specified in Policy 101.3.3. Affordable housing eligible for this separate 9 allocation must meet the criteria established in the Land Development Code. 10 11 Policy 601.1.9 12 Monroe County shall maintain land development regulations which may include density 13 bonuses, impact fee waiver programs, and other possible regulations to encourage affordable 14 housing. 15 (n 16 B. The proposed amendment is consistent with the Stock Island Livable Communikeys Plan. 0 17 Specifically,it furthers: 18 LO 19 Action Item 2.3.1 20 Continue to recognize land use districts and FLUM categories as the regulatory tool used for 21 evaluating individual proposals for compliance with land development standards such as type of 22 use and intensity of use. 23 24 Action Item . .1 LO 25 Provide a density bonus unique to Stock Island to encourage the development of low to very low 26 income rental housing. 27 28 Strategy 3.3 29 Maintain and improve the existing amount of low to very low affordable housing options. 30 31 Action Item 3.4.3 32 Increase density bonuses for low and very low income. 33 34 C. The amendment is consistent with the Principles for Guiding Development for the.Florida 35 Keys Area, Section 380.0552(7),Florida Statutes. 36 37 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan 38 with the principles for guiding development and any amendments to the principles,the principles 39 shall be construed as a whole and no specific provision shall be construed or applied in isolation 40 from the other provisions. 0i 41 (a) Strengthening local government capabilities for managing land use and development so that 42 local government is able to achieve these objectives without continuing the area of critical 43 state concern designation. 44 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, 45 seagrass beds, wetlands, fish and wildlife, and their habitat. SR PC 07.31.19 Page 26 of 30 File#2018-120 Packet Pg. 2289 0.2.c I (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native 2 tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and 3 beaches, wildlife, and their habitat. 31 4 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound 5 economic development. 6 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida 7 Keys. 8 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural 9 environment, and ensuring that development is compatible with the unique historic character 10 of the Florida Keys. A 11 (g) Protecting the historical heritage of the Florida Keys. 12 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and 13 proposed major public investments, including: (n 14 (n 15 1. The Florida Keys Aqueduct and water supply facilities; 16 2. Sewage collection, treatment, and disposal facilities; 17 3. Solid waste treatment, collection,and disposal facilities; (n LO 18 4. Key West Naval Air Station and other military facilities; N 19 5. Transportation facilities; 20 6. Federal parks, wildlife refuges, and marine sanctuaries; 21 7. State parks, recreation facilities, aquatic preserves, and other publicly owned 22 properties; 23 8. City electric service and the Florida Keys Electric Co-op; and 24 9. Other utilities, as appropriate. LO 25 26 (i) Protecting and improving water quality by providing for the construction, operation, 27 maintenance, and replacement of stormwater management facilities; central sewage 28 collection; treatment and disposal facilities; and the installation and proper operation and a 29 maintenance of onsite sewage treatment and disposal systems. 0 30 (j) Ensuring the improvement of nearshore water quality by requiring the construction and 31 operation of wastewater management facilities that meet the requirements of ss. 32 381.0065(4)(1) and 403.086(10), as applicable, and by directing growth to areas served by 33 central wastewater treatment facilities through permit allocation systems. M 34 (k) Limiting the adverse impacts of public investments on the environmental resources of the 35 Florida Keys. 36 (1) Making available adequate affordable housing for all sectors of the population of the Florida 37 Keys. Ir- 38 (in)Providing adequate alternatives for the protection of public safety and welfare in the event of t 39 a natural or manmade disaster and for a postdisaster reconstruction plan. 40 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and 41 maintaining the Florida Keys as a unique Florida resource. 42 43 Pursuant to Section 3$0.0552(7) Florida Statutes, the proposed amendment is not inconsistent 44 with the Principles for Guiding Development as a whole and is not inconsistent with any 45 Principle. 46 SR PC 07,31.19 Page 27 of 30 File#2018-120 Packet Pg. 2290 I D. The proposed amendment is consistent with the Part 11 of Chapter 163, Florida Statute 2 (F.S.). Specifically,the amendment furthers: 3 4 163.3161(4), F.S. — It is the intent of this act that local governments have the ability to preserve ae the most appropriate use of land, water, and 5 and enhance present advantages; encourage U) 6 resources, consistent with the public interest; overcome present handicaps; and deal 7 effectively with future problems that may result from the use and development of land within i- intended that units 8 their jurisdictions. Through the process of comprehensive planning, it s 9 of local government can preserve, promote, protect, and improve the public health, safety, convenience, law enforcement and fire prevention, and M 10 comfort, good order, appearance, conven M 11 general welfare; facilitate the adequate and efficient provision of transportation, water, (5 -19 12 sewerage, schools, parks, recreational facilities, housing, and other requirements and 0 0 13 services; and conserve, develop, utilize, and protect natural resources within their 14 jurisdictions. 15 M 16 163.3161(6), F.S. — it is the intent of this act that adopted comprehensive plans shall have the 0 17 legal status set out in this act and that no public or private development shall be permitted 18 except in conformity with comprehensive plans, or elements or portions thereof, prepared LO N 19 and adopted in conformity with this act. 20 M 21 163.3177(1), F.S. — The comprehensive plan shall provide the principles, guidelines, standards, 22 and strategies for the orderly and balanced future economic, social, physical, environmental, 23 and fiscal development of the area that reflects community commitments to implement the E 24 plan and its elements. These principles and strategies shall guide future decisions in a programs and activities to ensure comprehensive plans LO 25 consistent manner and shall contain pro NM 26 are implemented. The sections of the comprehensive plan containing the principles and 27 strategies, generally provided as goals, objectives, and policies, shall describe how the local M 28 government's programs, activities, and land development regulations will be initiated, 0 E 9 not a 29 modified, or continued to implement the comprehensive plan in a consistent manner. It is M the intent of this part to require the inclusion of implementing regulations in the 0 30 E 31 comprehensive plan but rather to require identification of those programs, activities, and land < 32 development regulations that will be part of the strategy for implementing the comprehensive 33 plan and the principles that describe how the programs, activities, and land development 34 regulations will be carried out. The plan shall establish meaningful and predictable standards M -J nt of land and provide meaningful guidelines for the content of 35 for the use and development M 36 more detailed land development and use regulations. cv 37 38 163.3201, F.S. —Relationship of comprehensive plan to exercise of land development regulatory 39 authority.—It is the intent of this act that adopted comprehensive plans or elements thereof U W 40 shall be implemented, in part, by the adoption and enforcement of appropriate local 41 regulations on the development of lands and waters within an area. It is the intent of this act 0 W 42 that the adoption and enforcement by a governing body of regulations for the development of a 43 land or the adoption and enforcement by a governing body of a land development code for an M e related to, and be a means of implementation for an adopted 0 44 area shall be based on, b E 45 comprehensive plan as required by this act. 46 SR PC 07.31.19 Page 28 of 30 File#2018-120 Packet Pg. 2291 0.2.c 1 A The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute 2 (F.S.).Specifically, the amendment furthers: 3 4 163.3161(4), F.S. —It is the intent of this act that local governments have the ability to preserve 5 and enhance present advantages; encourage the most appropriate use of land, water, and �n 6 resources, consistent with the public interest; overcome present handicaps; and deal 0 7 effectively with future problems that may result from the use and development of land within 8 their jurisdictions. Through the process of comprehensive planning, it is intended that units 9 of local government can preserve, promote, protect, and improve the public health, safety, 10 comfort, good order, appearance, convenience, law enforcement and fire prevention, and 2 11 general welfare; facilitate the adequate and efficient provision of transportation, water, A 12 sewerage, schools, parks, recreational facilities, housing, and other requirements and 13 services; and conserve, develop, utilize, and protect natural resources within their (n 14 jurisdictions. 15 (n 16 163.3161(6), F.S. — It is the intent of this act that adopted comprehensive plans shall have the 0 17 legal status set out in this act and that no public or private development shall be permitted 18 except in conformity with comprehensive plans, or elements or portions thereof, prepared LO 19 and adopted in conformity with this act. 20 21 163.3177(1), F.S. — The comprehensive plan shall provide the principles, guidelines, standards, 22 and strategies for the orderly and balanced future economic, social, physical, environmental, 23 and fiscal development of the area that reflects community commitments to implement the 24 plan and its elements. These principles and strategies shall guide future decisions in a LO 25 consistent manner and shall contain programs and activities to ensure comprehensive plans 26 are implemented. The sections of the comprehensive plan containing the principles and 27 strategies, generally provided as goals, objectives, and policies, shall describe how the local 8 government's programs, activities, and land development regulations will be initiated, 29 modified, or continued to implement the comprehensive plan in a consistent manner. It is not 30 the intent of this part to require the inclusion of implementing regulations in the 31 comprehensive plan but rather to require identification of those programs, activities, and land 32 development regulations that will be part of the strategy for implementing the comprehensive 33 plan and the principles that describe how the programs, activities, and land development 34 regulations will be carried out. The plan shall establish meaningful and predictable standards 35 for the use and development of land and provide meaningful guidelines for the content of 36 more detailed land development and use regulations. 37 cv 38 163.3201, F.S. —Relationship of comprehensive plan to exercise of land development regulatory i 39 authority.—It is the intent of this act that adopted comprehensive plans or elements thereof 40 shall be implemented, in part, by the adoption and enforcement of appropriate local 1 41 regulations on the development of lands and waters within an area. It is the intent of this act 42 that the adoption and enforcement by a governing body of regulations for the development of 43 land or the adoption and enforcement by a governing body of a land development code for an 44 area shall be based on, be related to, and be a means of implementation for an .adopted 45 comprehensive plan as required by this act. 46 SR PC 07.31.19 Page 28 of 30 File#2018-120 Packet Pg. 2292 0.2.c I VTI. PROCESS 2 3 Comprehensive Plan Amendments may be proposed by the Board of County Commissioners, the 4 Planning Commission, the Director of Planning, or the owner or other person having a contractual 5 interest in property to be affected by a proposed amendment. The Director of Planning shall review 6 and process applications as they are received and pass them onto the Development Review 7 Committee and the Planning Commission. 8 9 The Planning Commission shall hold at least one public hearing. The Planning Commission shall 10 review the application, the reports and recommendations of the Department of Planning & A 11 Environmental Resources and the Development Review Committee and the testimony given at the 12 public hearing. The Planning Commission shall submit its recommendations and findings to the W 13 Board of County Commissioners (BOCC).. The BOCC holds a public hearing to consider the 14 transmittal of the proposed comprehensive plan amendment, and considers the staff report, staff W 15 recommendation, and the testimony given at the public hearing. The BOCC may or may not 16 recommend transmittal to the State Land Planning Agency. The amendment is transmitted to State 17 Land Planning Agency, which then reviews the proposal and issues an Objections LO 18 Recommendations and Comments (ORC) Report. Upon receipt of the ORC report, the County has 19 180 days to adopt the amendments, adopt the amendments with changes or not adopt the 20 amendment. 21 22 23U. _ 24 V . STAFF RECOMMENDATION 25 26 Staff is recommender approval of the g pp proposed amendment, with the following recommended 27 changes: 28 29 1. Amend language in note (n)of Policy 101.5.25 to replace "bonus"with "increased" density; E 30 2. Amend language in Policy 101.5.25 to limit density increase to the Residential High (RH) 31 Future Land Use Map (FLUM) category; 32 3. Indicate all of the incentives provided to encourage the development of affordable housing 33 under the proposed Goal I I I and indicate a maximum density per buildable acre; 34 4. Modify the language in the proposed objective to clarify the incentives provided to 35 encourage the development of affordable housing, the eligible zoning districts and to require ri 36 the establishment of a Policy to utilize Goal 111; Ir- Ir- 37 5. Remove the term workforce and replace with affordable housing throughout the goal �I �s 38 objective and policy; i 39 6. Amend language within the proposed site specific subarea Policy 111.1.1 to: 40 a. Indicate that max net density is based on dwelling units per buildable acre; 41 b. Specify that no allocated or maximum net density for market rate or transient units 42 are available on the site; 43 c. Specify the maximum floor area ratio (FAR) for all nonresidential uses within the 44 � subarea shall is zero, except that a shoreside support facility associated with a SR PC 07.31.19 Page 29 of 30 File#2018-120 Packet Pg. 2293 1 mooring field is allowed as an accessory use associated with the Wreckers Cay 2 project within the RH FLUM and UR Zoning District; 3 d. Remove proposed language related to transfers of development rights; 4 e. Clarify that mechanical equipment and elevator shafts are be included in calculation 5 of overall height and shall not exceed height limitations established in 6 Comprehensive Plan Policies 101.5.30 and 101.5.33 and LDC Section 131-2; 7 f. Require data an analysis to be reviewed and approved by the Planning Director for 2 8 off-street parking decreases; 9 g. Include a statement that new residential units are subject to the ROGO permit A 10 allocation system; -19 0 11 h. Set parameters to establish an income category distribution schedule for the site; 0 12 i. Relocate language to add a criteria within this policy for occupants to derive at least (n 13 70% of their household income from gainful employment in Monroe County; and (n on and map showing the subarea boundaries. 14 j. Add a legal description 0 15 LO 16 VIII. EXHIBITS C14 17 18 1. Transmittal Resolution 19 2. Draft Ordinance U- LO N M E E M zz� C) T7 N cv 0 W E SR PC 07.31.19 Page 30 of 30 File#2018-120 Packet Pg. 2294 O.2.c I mooring field is allowed as an accessory use associated .with the Wreckers Cay 2 project within the RH FLUM and UR Zoning District; 3 d. Remove proposed language related to transfers of development rights; 4 e. Clarify that mechanical equipment and elevator shafts are be included in calculation U) 5 of overall height and shall not exceed height limitations established in 0 6 Comprehensive Plan Policies 101.5.30 and 101.5.33 and LDC Section 131-2; 7 f. Require data an analysis to be reviewed and approved by the Planning Director for 8 off-street parking decreases; 9 g. Include a statement that new residential units are subject to the ROGO permit 10 allocation system; 11 h. Set parameters to establish an income category distribution schedule for the site; 12 i. Relocate language to add a criteria within this policy for occupants to derive at least 13 70% of their household income from employment gainful g p yment in Monroe County; and 14 j. Add a legal description and map showing the subarea boundaries. 15 0 to 16 17 Ir- 18 1. Transmittal Resolution 19 2. Draft Ordinance LO N M C) cv �s i i SR PC 07.31.19 File#2018-120 Page 30 of 30 Packet Pg. 2295 O.2.c 1 7. All new residential units developed within the Stock Island Workforce Subarea 1 shall be 2 subject to the ROGO permit allocations stem 3 8. The protest procedures set forth within Sec 102 158(d)(8) are qP12licable to applications 4 submitted under this Policy 111 1 1 5 9. A development agreement shall be required for any proposed development of an affordable 6 housing project within the Stock Island Workforce Subarea 1 to define the income category 7 distribution for the proposed development. 8 10. All new affordable units developed within the Stock Island Workforce Subarea 1 shall 9 require occupants to derive at least seventy percent(70%)of their household income from U) 10 gainful employment in Monroe County 11 11. The boundary for the Stock Island Workforce Subarea I is legally described as: < rovide 12 full legal description of the subarea> 13 (n 14 <insert map> 15 16 12. The affordable units shall be rental units only. LO 17 18 ** * 19 20 Section 2. Severability. If any section, subsection, sentence, clause, item, change, or 21 provision of this ordinance is held invalid,the remainder of this ordinance shall not LL 22 be affected by such validity. LO 23 24 Section 3. Re aeal of Inconsistent Provisions All ordinances or parts of ordinances in 25 � conflict with this ordinance are hereby repealed to the extent of said conflict. 26 27 Section 4. Transmittal. This ordinance shall be transmitted by the Director of Planning to the 28 State Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes. 29 30 Section 5. Filina and Effective Date This ordinance shall be filed the in 31 he Office of theSecretary of the State of Florida but shall not become effective until a notice is 32 issued by the State Land Planning Agency or Administration Commission finding 33 the amendment in compliance with Chapter 163, Florida Statutes and after any 34 applicable challenges have been resolved. 35 36 Section 6. Inclusion in the Comprehensive Plan The text amendment shall be incorporated 0 1 37 in the Monroe County Comprehensive Plan. The numbering of the foregoing 38 amendment may be renumbered to conform to the numbering in the Monroe County 39 Comprehensive Plan. 40 41 42 Ord -2020 File 2018-120 Page 7 of 8 Packet Pg. 2296 0.2.c I PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, 2 at a regular meeting held on the day of , 3 4 Mayor Sylvia Murphy,District 5 5 Mayor Pro Tem Danny L. Kolhage,District 1 Commissioner Michelle Coldiron,District 2 6 a� 7 Commissioner Heather Carruthers,District 3 8 Commissioner David Rice,District 4 9 BOARD OF COUNTY COMMISSIONERS 10 � OF MONROE COUNTY,FLORIDA A 11 c� 12 BY 13 Mayor Sylvia Murphy 14 15 (SEAL) 0 16 17 ATTEST: KEVIN MADOK, CLERK LO 18 C14 19 20 DEPUTY CLERK LO cv N cv It- �s i i c� Page 8 of Ord -2020 File 2018-120 Packet Pg. 2297 O.2.c 1 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, 2 at a regular meeting held on the day of , 3 4 Mayor Sylvia Murphy,District 5 5 Mayor Pro Tem Danny L. Kolhage, District 1 6 Commissioner Michelle Coldiron,District 2 7 Commissioner Heather Carruthers, District 3 8 Commissioner David Rice,District 4 9 10 BOARD OF COUNTY COMMISSIONERS � 11 OF MONROE.�CCTTY,FLORIDA A 12 13 BYfi 14 Mayor Sylvla Murphy 15 (SEAL) ` 16 17 ATTEST: KEVIN MADOK, CLERK 18 19 cLO 20 DEPUTY CLERK LL4, . LO E CL 1, v Ord -2020 Page 8 of 8 File 2018-120 Packet Pg. 2298 O.2.d 2 3 MONROE COUNTY,Y, FLORIDA 4 PLANNING COMMISSION MISSION ESOLUT'ICIN NO. P 30-19 5 6 A RESOLUTION THE PLANNING COMMISSION RECOMMENDING � 7 APPROVAL OF AN ORDINANCE THE _ NROE COUNTY BOARD CI711 COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY Y 9 LAND USE DISTRICT (ZONING)) MAP FROM URBAN ESIDEN IAL 10 MOBILE HOME (U M) TO URBAN RESIDENTIAL (U ), FOR �s 11 PROPERTY LOCATED E AT 6325 FIRST STREET AND 6125 SECOND 12 STREET, STOCK ISLAND, MILE MARKER 5; AS PROPOSED B 13 SMITHIHAWKS, PL ON BEHALFOF WRECKERS CAY APARTMENTSLO c� 14 AT STOCK ISLAND, LLC; PROVIDING FOR SE' ERA 3 LI"T ; 1.5 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; 16 PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING � 17 AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR 18 AMENDMENT TO THE LAND USE DISTRICT (ZONING) MAP; � 19 PROVIDING FOR EFFECTIVE DATE. (File 20I ®121.) LO 20 21. 22 23 WHEREAS, on June 20, 2018, the Planning and. Environmental Resources Department � 24 received an application from Barton W, Smith of Smith Hawks PL oil behalf of Wreckers C"a 25 Apartments at Stock Island, LLC (the "Applicant,") to amend the ].,and Use District(Zoning) Map E 26 from Urban Residential Mobile Home (URM) to Mixed Use (MU), for property located at 6325 27 First Street and 6125 Second Street, Stock. Island, with Parcel fly Nos. 00124560-000000 and � 28 00124 0-000000; and 29 _ 30 WHEREAS, the property has a Residential High (RH) Future Land 'Use.Map designation; 31 and 32 33 WHEREAS, the applicant has also requested a corresponding Comprehensive Plan text v 34 amendment (File 2018-120) for the subject property to create a new goal and objective to 00 35 incentivize affordable houshig on. Stock Island, and to establish a site specific subarea policy; and 36 37 WHEREAS,the Applicant has also requested a corresponding text amendment to the Land � 11 f9evelopment Code Section 130-157 to allow for increased density for properties with MU and UR � 39 zoning districts, within Stock Island that apply for an receive a site specific subarea policy as 40 established in the Comprehensive Plan, and 41. Resolution No.. P30-19 He 2018-121 Pa Packet Pg. 2299 0.2.d I WHEREAS, in accordance with Land Development Code Section 102-159(a), the 2 Applicant held community meetings regarding the proposed amendments on December 11, 2018 3 and April 30, 2019; and 4 5 WHEREAS,the Monroe County Development Review Committee (DRC) considered the 6 proposed amendment at a regularly scheduled meeting held on June 25, 2019; and 0 7 8 WHEREAS, the Monroe County Planning Commission was presented with the following 9 documents and other information relevant to the request,which by reference is hereby incorporated 10 as part of the record of said hearing: 11 A 12 1. Request for a Land Use District (LUD) Map Amendment application received by the 13 Planning &Environmental Resources Department on June 20, 2018 (File 2018-121); and 14 2. Staff report prepared by Cheryl Cioffari, AICP, Acting Senior Director of Planning and 15 Environmental Resources dated July 19, 2019; and 16 3. Sworn testimony of the applicant; and 0 17 4. Sworn testimony of Monroe County Planning & Environmental Resources Department 18 Staff; andLO 19 5. Advice and counsel of Steve Williams, Assistant County Attorney, and John Wolfe, 20 Planning Commission Counsel; and 21 22 WHEREAS, based upon the information and documentation submitted, the Planning 23 Commission makes the following Findings of Fact: 24 LO 25 1. Prior to the 1986 adoption of the County's current land development regulations and 26 their associated land use district maps, the subject property was within the BU2 27 (medium business district) and RU-3 (multiple-family residential)zoning districts; and 28 2. In 1986, a series of zoning maps, entitled the Land Use District Map, were adopted for 29 all areas of the unincorporated county, and the subject property was zoned Urban 30 Residential Mobile Home (URM); and 31 3. Monroe County Code (MCC) §102-158 states that map amendments are not intended 32 to relieve particular hardships, nor to confer special privileges or rights on any person, 33 nor to permit an adverse change in community character, analyzed in the Monroe 34 County Comprehensive Plan, but only to make necessary adjustments in light of 35 changed conditions or incorrect assumptions or determinations as determined by the 36 findings of the BOCC; and IL 37 4. MCC §102-158(d)(7)b.provides that one or more of the following criteria must be met � 38 for a map amendment: 00 Ir- 39 a. Changed projections (e.g., regarding public service needs) from those on which the 40 text or boundary was based; 41 b. Changed assumptions (e.g., regarding demographic trends); 42 c. Data errors, including errors in mapping, vegetative types and natural features 43 described in volume I of the plan [the Comprehensive Plan]; 44 d. New issues; 45 e. Recognition of a need for additional detail or comprehensiveness; or 46 f Data updates; and Resolution No.P30-19 File#2018-121 Pa Packet Pg. 2300 0.2.d 1 5. Map amendments to the Monroe County Land Use District Map shall not be 2 inconsistent with the Principles for Guiding Development in the Florida Keys Area of 3 Critical State Concern; and 4 5 WHEREAS, based upon the information and documentation submitted, the Planning 6 Commission makes the following Conclusions of Law: 7 ca 8 1. The proposed map amendment is consistent with the provisions of the Monroe County 9 Code: 10 a. As required by MCC §102-158, the map amendment does not relieve particular 11 hardships, nor confer special privileges or rights on any person, nor permit an A 12 adverse change in community character, as analyzed in the Monroe County Year 13 2030 Comprehensive Plan; (n 14 b. As required by MCC §102-158(d)(7)b., the map amendment is needed due to 15 changed projections, changed assumptions, new issues and recognition of a need 16 for additional detail or comprehensiveness; and 0 17 2. The proposed map amendment is consistent with the provisions and intent of the 18 Monroe County Year 2030 Comprehensive Plan: LO Ir- 19 a. The Urban Residential (UR) Land Use (Zoning) District corresponds with the 20 Residential High (RH)Future Land Use Map designation and is consistent with the 21 respective density and intensity standards as set forth in Policy 101.5.25; 22 b. The UR Land Use(Zoning)District is consistent with the purpose of the RH Future 23 Land Use Map designation, as set forth in Policy 101.5.4; 24 c. The proposed amendment is not inconsistent with the Stock Island/Key Haven LO 25 Livable CommuniKeys Plan; and 26 3. The proposed map amendment is not inconsistent with the Principles for Guiding 27 Development in the Florida Keys Area of Critical State Concern; 28 29 NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF 30 MONROE COUNTY, FLORIDA, that they hereby recommend APPROVAL to the Board of 31 County Commissioners of the proposed amendment to the Land Use District (Zoning) Map 32 designation from Urban Residential Mobile Home (URM) to Urban Residential (UR) for property 33 located at 6325 First Street and 6125 Second Street, Stock Island, with.Parcel ID Nos. 00124560- 34 000000 and 00124550-000000. 35 36 IL 37 Ir- C14 38 00 39 THIS SPACE INTENTIONALLY LEFT BLANK 40 41 SIGNATURES ON FOLLOWING PAGE 42 43 44 45 46 Resolution No. P30-19 File#2018-121 Pa Packet Pg. 2301 1 2 PASSED AND ADOPTED BY THE PLANNING COMMISSION of Monroe County, 3 Florida, at a regular meeting held on the 3 1" day of July, 201.9. 4 5 Denise Werfing, Chair YES L 6 William Wiatt, Commissioner YES 0 7 Tom Coward, Commissioner YES 8 Joe Scarpelli, Commissioner YES 9 Ron Miller, Commissioner YES I PLANNING CO MISSION OF MONROE COUNTY, FLORIDA A 12 0 13 B y ...... (n 14 Denise Werling, Chair (n 15 16 Signed this day of 2019 0 17 LO LO 18 C14 19 NOTARY VUBLIC,6, FATE OF FLORIDA 20 21 Monroe County Planning Conirnission Attorney 22 Approved As To ILZEAGUA 23 MY COMMISSION#GG.043704 L LL -XPIREt Wobef 31,2020 F.�P.,V Bonded:Thtu Notary Punk UnderWtem LO 24 25 Jc n J. Wolfe A7 26 Date: FILED WITH PiE AUG� 2 8 2019 D zz� C) AGENCYCI-ERK C14 00 C14 .;j E Resolution No. P30-19 File#2019-121 Pa 4 1 Packet Pg. 2302 0.2.e I 2 ° r 4 . .. y 6 7 MONROE COUNTY,, FLORIDA 0 8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 9 ORDINANCE O. - 2020 v 1.0 11 AN ORDINANCE THE MONROE COUNTY Y BOARD OF COUNTY � 1.2 COMMISSIONERS AMENDING THE MONO E COUNTY LAND USE �s 13 DISTRICT (ZONING)ING) AP FROM URBAN SI FINIAL MOBILE 14 HOME (>IJII ) TO URBAN SII1E1 IAL (U ), FOR PROPERTY LO 15 LOCATED AT 6,325 FIRST STREET AND 6125 SECOND STREET, 16 STOCK ISLAND,MILE MARKER5;AS PROPOSED Y S IT I A IDS, to 1.7 PL ON ALF OF WRECKERS CLAY APARTMENTS TS AT STOCK 18 ISLAND, LLC; PROVIDING FOR S VFRABILIT 1 PROVIDING ING FOR E 19 REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR 20 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE 21 SECRETARY RETAI F STATE; PROVIDING FOR AMENDMENT TO THE 22 LAND USE ST I T (ZONING) AP; PROVIDING FOR A 23 EFFECTIVE DATE.. (File 20I -12I) 24 25 26 27 WHEREAS, on June 20 2018, the Planning and. Environmental Resources Department 28 received an application from Barton W. Smith of Smith Hawks PL on behalf of Wreckers Cay 0i 29 Apartments at Stock Island, LLB: (the "Applicant, ') to amend the Land Use District (Zoning)Map 30 from Urban Residential Mobile Hoine (1:J1 M) to Mixed Use (MU), for property located at 6325 i 31 First Street and 6125 Second Street, Stock Island, with Parcel ID Nos. 00124560-000000 and � 32 00124550-000000; and 33 34 WHEREAS, the property has a Residential Haigh (. H) :Future Land Use Map designation; 35 and 36 37 WHEREAS, the Applicant has also requested a corresponding Comprehensive Plan text 38 amendment (File 2015-120) for the subject property to create a new goal and objective to 39 incentivize affordable housing on Stock Island, and to establish a site specific subarea policy;. and 4 41 WHEREAS,the Applicant has also requested a corresponding text amendment to the Land 42 Development Code Section 130-157 to allow for increased density fair properties with MU and U 43 zoning districts, within Stock Island that apply for an receive a site specific subarea policy as 44 established in the Comprehensive Plan; and � 45 Ord. No._- 2020 Page I of File 2015-121 Packet Pg. 2303 I WHEREAS, in accordance with Land Development Code Section 102-159(a), the 2 Applicant held community meetings regarding the proposed amendments on December 11, 2018 3 and April 30, 2019; and A 4 .2 5 WHEREAS, the Monroe County Development Review Committee (DRC) considered the (n 6 proposed amendment at a regularly scheduled meeting held on June 25, 2019; and (n 7 8 WHEREAS, at a regularly scheduled meeting held on July 31, 2019, the Monroe County 0 9 Planning Commission held a public hearing for the purpose of considering the proposed LO 10 amendment to the Land Use District (Zoning) Map and provided for public comment; and N Ir- 12 WHEREAS, the Monroe County Planning Commission adopted Resolution No, P30-19 13 recommending approval of the proposed Zoning map amendment; and 14 U) 15 WHEREAS, at a regularly scheduled meeting held on the 22"' day of January, 2020, the U- LO C14 16 Monroe County Board of County Commissioners held a public hearing, considered the staff report, 17 and provided for public comment and public participation in accordance with the requirements of 18 state law and the procedures adopted for public participation in the planning process; and E 19 20 WHEREAS, based upon the documentation submitted and information provided in the E 21 accompanying staff report, the BOCC makes the following Findings of Fact: 22 23 1. The proposed map amendment is consistent with the provisions of the Monroe County 24 Code: 25 a. As required by MCC §102-158, the map amendment does not relieve particular 26 hardships, nor confer special privileges or rights on any person, nor permit an 27 adverse change in community character, as analyzed in the Monroe County 28 Year 2030 Comprehensive Plan; 0 29 b, As required by MCC §102-158(d)(7)b., the reap arriendynent is needed due to 30 changed projections, changed assumptions, new issues and recognition of a 31, need for additional detail or comprehensiveness; and 32 1 The proposed map amendment is consistent with the provisions and intent of the 33 Monroe County Year 2030 Comprehensive Plan: 34 a. The Urban Residential (UR) Land Use (Zoning) District corresponds with the 0 35 Residential High (RH)Future Land Use Mal) designation and is consistent with 36 the respective density and intensity standards as set forth in Policy 101.5.25; 37 b,. The UR Land Use (Zoning) District is consistent with the purpose of the RH 38 Future Land Use Map designation, as set forth in Policy 101.5.4; 39 c. The proposed amendment is not inconsistent with the Stock Island/Key Haven C14 40 Livable COMI'lluniKeys Plan; and 00 41 1 The proposed map amendment is not inconsistent with the Principles for Guiding 42 Development in the Florida Keys Area of Critical State Concern; 43 E 44 Ord. No. - 2020 Page 2 of 4 File 2018-1.2 1, Packet Pg. 2304 I NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 2 COMMISSIONERS OF MONROE COUNTY, FLORIDA: A 3 4 Section 1. The Monroe County Land Use District(Zoning)map is hereby amended as follows: 5 6 The property located at 63,25 First Street and 6125 Second Street, Stock Island,with 7 Parcel ID Nos. 00124560-000000 and 00124550-000000 shall be designated as 0 8 Urban Residential (UR) as shown on Exhibit 1, attached hereto and incorporated W LO 9 herein. C14 10 II. Section 2. Severability, If any section, subsection, sentence, clause, item, change, or 12 provision of this ordinance is held invalid, the remainder of this ordinance shall not (n 13 be affected by such validity. U) u- 14 LO C14 15 Section 3., Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in 16 conflict with this ordinance are hereby repealed to the extent of said conflict. 17 E 18 Section 4. Transmittal.This ordinance shall be transmitted to the Florida State Land Planning 19 Agency as required by F.S. 380.05(l 1) and F.S. 380.0552(9), E 20 21 Section 5. 1 jilin . This ordinance shall be filed in the Office of the Secretary of the State of Z_ a 22 Florida but shall not become effective until approved by the Florida State Land :D zz� 23 Planning Agency and, if appealed, until the appeal is resolved pursuant to Chapter 24 120 of the Florida Statutes. 25 26 Section 6. Inclusion on the Monroe Count v Code's Official Land Use District Map. The 0 27 provisions of this Ordinance shall be included and incorporated on to the Official 28 Land Use District Map of Monroe County. 29 30 Section 7. Effective Date., This ordinance shall become effective as provided by law and 0 31 stated above. 0 32 33 34 35 THIS SPACE IS INTENTIONALLY LEFT BLANK 36 17 00 T- 37 SIGNATURES ON THE FOLLOWING PAGE Q C14 38 39 E 40 Ord. No, - 20,20 Page 3 of 4 File 201.8-121 Packet Pg. 2305 I 'a 2 r- A 3 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 4 Florida, at a regular meeting held on the day of 5 6 Mayor Heather Carruthers (n 7 Mayor Pro Tee Michelle Coldiron 0 8 Commissioner Craig Cates 9 Commissioner Sylvia Murphy LO C14 10 Commissioner David Rice 11 12 13 BOARD OF COUNTY COMMISSIONERS (n 14 OF MONROE COUNTY, FLORIDA U) 15 U- LO 16 BY C14 17 MAYOR HEATHER CARRUTHERS 18 (SEAL) 19 E 20 ATTEST: RE N MADOK, CLERK 21 E 22 23 DEPUTY CLERK '*0" C00"Ty zz� Po AP AS F T, MLLIAl" ASSI TT a 0 C14 00 C14 E Ord. No, - 2020 Page 4 of 4 File 2018-121 Packet Pg. 2306 O.2.e Exhibit 1 to Ordinance# 2 20 z a ca 0vEPsAs tt _ Efl cas 0 eO cv LAUREL AVE ......... ..... 001 -000000 LO cv MACDONALD AVE on 1STAVE , M z 2NDAVE a® 3Rb AVt cv 00 The Monroe County Lead Use District is amended as indicated above. Land Use district change of two parcels of Land in Stock Island having Real Estate Numbers 00124550-000000 and � 00124560-000000 from Urban Residentiall-Mobile Home(URM)to urban Residential(UR). N Packet Pg. 2307 1 Wrecker's Cay-Stock Island Summary 1. Wreckers Cay Goal, Obj and Subarea Policy CP Text Amend (2018-120) (05—6455) • Amend the Monroe County Comprehensive Plan to establish a goal and objective that incentivizes affordable housing on Stock Island o Create a subarea policy that would provide additional development restrictions and allowances for properties located at 6325 First Street, 6125 Second Street and 5700 Laurel Avenue on Stock Island a r. a H: 101.-1 v ihir-..,,,,*, .. . Igi.1 tfri •440-N,.*4•0'1-,`'•• - i z i • I,- a Silt: � x`' s ' f� �3 . ' ' i . NI Lailiik. , • ..„-24- 41. . liim,","qx. ,- a A1710 I , 2 .0,‘ .6._-;.,,,_ .., ': i )=5:... • ‘:,IP' ,, 4,Lut_. : ..e. ...:.i ll ' ' iallk ,4 ip- : ' .„. • ..-..c . o Limit the permitted uses of the subarea to deed restricted affordable housing dwelling units (workforce) o Increases the established the maximum net density for affordable housing to 40 dwelling units per buildable acre for a maximum of 280 units (increase from 25 DU per buildable acre) o Increases the height limit: habitable floor area up to 38 feet, mechanical equipment up to 44 feet (must be screened), allows for 3 floors above parking o Allows for off-street parking requirements in the subarea to be altered through a Development Agreement o Provides for the transfer of existing TREs within Stock Island through a minor conditional use permit o Eliminates allocated density and floor area ratio on the Property o Allows for the possibility of a shoreside support facility associated with a mooring field as a permitted accessory use o Requires the Development Agreement to specify the income category distribution for the proposed development o All affordable units are rental units 2. LDC Text Amendment—Sec. 130-157 Density Increase (06—6427) • Amend Section 130-157 to allow for a density increase above the maximum net density in the Urban Residential (UR) zoning district for a property subject to a site specific subarea policy established under proposed Goal 111 of the Monroe County Comprehensive Plan. Page 1 of 5 .. Wrecker's Cay—Stock Island Summary 3. LUD Map Amendment-6325 First St. and 6125 Second St., Stock Island (Wrecker's Cay) (02 - 6419) • Urban Residential Mobile Home (URM) to Mixed Use (MU) • The proposed Zoning amendment would result in: Residential Market Rate Allocated:+11.16 units TDR/Market Rate Residential Max Net:+40.26 units Net Change in Development Affordable Residential Max Net: +83.87 units affordable Potential Based on Zoning Transient Allocated: +20.96 rooms/spaces(no change) Nonresidential: 0 SF MU r irr :e uc �' * uR :1 4 - - - �i ,o UR ...—._1, NMI r ,A — ++ „:' - �/ / ---, �- y / / Existing Zoning Map Designation Proposed Zoning Map Designation *Change in density for Urban Residential Mobile proposed ROW abandonment. Home (URM) Urban Residential(UR) Max Net Max Net with Allocated with TDRs Allocated TDRs ROW SF Acre 1 DU/lot N/A 6 du/gross acre 12 du/buildable McDonald 19,344 0.44 0 N/A 2.66 4.26 1st 6,250 0.14 0 N/A 0.86 1.38 Total ROW 25,594 0.59 0 0 3.53 5.64 Page 2 of 5 Wrecker's Cay—Stock Island Summary 4. Wrecker's Cay Laurel Ave Road Abandonment adopt hearing (03- 5336) • Abandonment of a portion of Laurel Avenue in Maloney's Subdivision of Stock Island • Laurel Avenue serves as an access road which terminates at the east end of the parcel owned by Wrecker's Cay - ram• `n _-3 i `- t,-- 'y f 2 m '1 r ^,i Murray Marine IURE r— L. 0.. _iv-_-�J it .�4 a. ce �rr__-_R�I �-r .�� ---' • .1_,, • r y, a. . ` t. Spit(Wreckers Cay 411, „Is:. _, , 4 V,,.:„...,;4. 5. ROW abandonment -MacDonald Avenue & First Street, Stock Island (04- 6112) • Abandonment of a portion of MacDonald Avenue and First Street in Maloney's Subdivision of Stock Island igi',./ , ''', ,.., ..- s Pk ), , .7*\,. t .441_, ,,,,00441., -/•Iserl.s' _est.,. ‘:'.:.‘ ,a, ii n If IgP ' N..,. 1 I it‘ • . : It +�4" + , 1 .1 r ,r ' .• + '/. iL1' 1 _" _'fir ..,,• . a 7, • 4, . t\.. • lk.,, ti . , .• t • t i , E ir6 1 \ • .! - _ - • 1ST A ;- < _;��' 7 t , ...-7 , -- ,,,i. • 1 - -A 4- ,,,7,., - !", 0\ 1 - ' -... flit I tip ...;. 1 i. .... ' _. c , . . ,,, rpm -11..0 , Page 3 of 5 Wrecker's Cay—Stock Island Summary 6. Wreckers Cay Development Agreement (07—6451) If approved, the proposed development agreement would: • Provide a duration of 10 years to complete the project. • A maximum of 280 deed-restricted affordable employee housing dwelling units in the following income categories: o 140 moderate income units o 70 median income units; and o 70 low income units. • Allow a maximum height for structures of 38 feet from grade, mechanical equipment and architectural features utilized to hide mechanical equipment, including parapets, may be up to 44 feet above grade. • Outline required County development permits including a major conditional use permit, ROGO allocation awards, and building permits. • Allow for a parking requirement of 1 parking space per 1-bedroom unit; 2 spaces per 2-bedroom unit; and 3 spaces per 3-bedroom unit. • Allow the transfer of 80 market rate TREs to site(s)within Stock Island regardless of zoning category, and the transfer of 18 transient TREs and six hundred seventy-two (672) square feet of Nonresidential Rate of Growth Ordinance ("NROGO") exempt floor area to eligible receiver sites per Monroe County Code Section 138-22 and 138-50. • Provide the reservation or dedication of land to Monroe County for a shoreside access facility open to the public. • Specify that preliminary traffic concurrency shows the proposed development to be within 5%of the adopted LOS C, and that mitigation for impacts will be required prior to commencement of construction. • The County cannot enter into the agreement until the proposed Comprehensive Plan, Land Development Code, Map Amendment and ROW abandonments have become effective. • Once the development agreement is approved by the BOCC, the project will require a Major Conditional Use Permit 7. Monroe County AFH ROGO Reservation -Wreckers Cay(I1—6410) • Requesting a reservation for 280 affordable housing allocations consisting of 70 low income, 70 median and 140 moderate income Proposed Maximum Monthly Rental Rates #Units Low Median Moderate Unit Size 80% 100% 120% 1 BR/1B 96 2 BR/1B 72 Efficiency $1,339 $1,675 $2,010 2 BR/2B 88 1 bedroom $1,530 $1,913 $2,295 2 bedrooms $1,721 $2,153 $2,583 3 BR/2B 24 3 bedrooms $1,913 $2,390 $2,868 4+bedrooms $2,066 $2,583 $3,099 Page 4 of 5 Wrecker's Cay-Stock Island Summary Income Limits for a Single Person Household Low Median Moderate Income Limits for Married or Domestic Partners Size 80% 100% 120% Household Low Median Moderate 1 Persons $53,550 $67,000 $80,400 Size 80% 100% 120% 2 Persons $61,200 $76,500 $91,800 2 Persons $81,600 $102,000 $107,200 3 Persons $68,850 $86,100 $103,320 3 Persons $91,800 $114,800 $122,400 4 Persons $76,500 $95,600 $114,720 4 Persons $102,000 $127,467 $137,760 5 Persons $82,650 $103,300 $123,960 5 Persons $110,200 $137,733 $152,960 6 Persons $88,750 $110,900 $133,080 6 Persons $118,333 $147,867 $165,280 7 Persons $94,900 $118,600 $142,320 7 Persons $126,533 $158,133 $177,440 8 Persons $101,000 $126,200 $151,440 8 Persons $134,667 $168,267 $189,760 • Affordable housing allocations pursuant to Monroe County Code Section 138-24(b)4. LDC Section 138-24(b)4. states: Notwithstanding the provisions of Section 138-26 for awarding of affordable housing allocations, the BOCC may reserve by resolution some or all of the available affordable housing allocations for award to certain sponsoring agencies or specific housing programs consistent with all other requirements of this chapter. Building permits for these reserved allocations shall be picked up within six months of the effective reservation date, unless otherwise authorized by the BOCC in its resolution.The BOCC may,at its discretion, place conditions on any reservation as it deems appropriate. These reservations may be authorized by the BOCC for:...(4) Specific affordable or employee housing programs sponsored by the county pursuant to procedures and guidelines as may be established from time to time by the BOCC; • Current affordable ROGO balance: 337 (112 Very Low/Low/Median; 225 Moderate) Pending projects requiring Affordable ROGOs: Development Allocations Note Monroe County CDBG-DR - 10 (1/22/2020 agenda item for reservation) Conch Key (10 VL/L/Med) Coco Palms project Cudjoe 16 (1/22/2020 agenda item for reservation) (11 V/L/Med; 5 Mod) Wreckers Cay 280 (1/22/2020 agenda item for reservation) (140 V/L/Med; 140 Mod) School Board Sugarloaf 20 (no reservation request yet; BOCC has adopted Comp Plan Subarea Policy for affordable housing on this site) Suncrest Landings Stock (no reservation; building permit already Island 1 submitted and under review) Potential Balance if all above 10 are approved/allocated: (0 V/L/Med; 10 Mod) Page 5 of 5