Item O06 0.6
t, BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Heather Carruthers,District 3
IleOI1da Keys Mayor Pro Tern Michelle Coldiron,District 2
�p.° Craig Cates,District I
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
January 22, 2020
Agenda Item Number: 0.6
Agenda Item Summary #6427
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2506
1:30 P.M. PUBLIC HEARING
AGENDA ITEM WORDING: A public hearing to consider an ordinance by the Monroe County
Board of County Commissioners amending Monroe County Land Development Code Section 130-
157 to allow for a density increase above the maximum net density for a property subject to a site
specific subarea policy established under proposed Goal 111 of the Monroe County Comprehensive
Plan as proposed by Smith/Hawks PL on behalf of Wreckers Cay Apartments at Stock Island, LLC
(File 42019-063)
ITEM BACKGROUND:
On April 8, 2019, 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 Monroe County Land Development Code (LDC) Section 130-
157 to allow for a density increase above the maximum net density for a property subject to a site
specific subarea policy established under proposed Goal 111 of the Monroe County Comprehensive
Plan.
Related Applications
The Applicant has also requested the following:
• A text amendment to the Monroe County Comprehensive Plan to establish a goal and
objective that incentivizes affordable housing on Stock Island, and to 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 corresponding Land Use District (Zoning) map amendment for the Property from
Urban Residential Mobile Home (URM) to Urban Residential (UR) for a portion of the
Property;
• 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
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0.6
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.
In the application materials, the Applicant states the reasons and basis for the proposed amendment
is:
The'basis for the amendment is a change: in projections, changed assumptions, new issues
affecting the Florida Keys and the recognition of a need for additional detail or
comprehensiveness, This text arnendaaaent 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
provide the hospitality, working waterfront, industrial, and other connne;rcial uses in Key
West, Stock Island, and the surrounding areas with much needed workforce housing which,
under the current C°onaprehensiv�e Plan and absent the Policy,the County and applicant are
unable to provide or construct.
It is well established that prior to Hurricane 1nna the affordable housing: shortage in the
surrounding areas of the Property were staggering. According to Monroe County°"s
Housing Strategy produced after Hurricane Irma, "[mlany of the business sectors in the
Florida Keys, including professional services, retail trade, tourism and health care, fi:aud it
increasingly difficult to attract and maintain workers." As stated in both the Affordable
The Applicant's full explanation and justification of the proposed amendments is included in the file
for the application (File 42019-063).
Concept Meeting
In accordance with LDC Section 102-158(a), a concept meeting was held on April 30, 2019 to
discuss proposed LDC text amendment. It was determined that the proposed text amendment will
not have a county-wide impact because the proposed amendment is limited to Stock Island.
Community Meeting and Public Participation
In accordance with LDC Section 102-159(b)(3), a Community Meeting for the Comprehensive Plan
and Land Development Code text amendments was held on April 30, 2019 and provided for public
input. 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 Land Development text 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
Packet Pg. 2510
0.6
proposed amendment through Resolution P31-19.
PROPOSED LAND DEVELOPMENT CODE TEXT AMENDMENTS
The Applicant's proposed text, as submitted on April 8, 2019 and revised on May 21, 2019,
additions are shown in underlined, deletions are stricken through. Staff proposed amendments are as
additions in red underline, deletions are red stricken through.
Chapter 138—LAND USE DISTRICTS
ARTICLE V—LAND USE INTENSITIES
Sec. 130-157. - Maximum Permanent Residential Density and Minimum Required Open Space.
The maximum permanent residential density for those uses permitted by this chapter and minimum
required open space shall be in accordance with the following table:
Maximum Permanent Residential Density and Minimum Open Space
Allocated Density(a)(b) Maximum Net Density Minimum
Land Use District DU/Gross Acre of (a)(b)(c) Open
Upland DU/Buildable Acre Ratio Space
Mixed Use (MU) 1.0 12.0(e)(4) 0.20
Urban Residential(UR) 6.0 TDRs: 2 0.20
Affordable:: 25.5.0
(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) Vessels, including live-aboard vessels or associated wet slips, are not considered dwelling units and
do not count when calculating density.
(c) Maximum Net Density is the maximum density allowable with the use of the TDRs, or for qualifying
affordable housing development. TDRs can be utilized to attain the density between the allocated density
Packet Pg. 2511
0.6
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.
(d) Additional open space requirements may apply based on environmental protection criteria- see
additional open space ratios in Chapter 118. In accordance with section 101-2(1), the most restrictive of
these ratios applies.
(e) 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 net density
bonuses shall not be available.
(f) Per Policy 101.5.25,the allocated density for the CFSD-20 land use 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).
(g) The minimum open space ratio for the MN zoning district is 0.99 for permanent residential uses. For
campground and nonresidential uses within the MN zoning district, the minimum open space ratio is 0.95,
as shown in the density and intensity tables in Sections 130-162 and 130-164.
(h) A mixture of uses shall be maintained for parcels designated as MI zoning district that are within the
MC future land use category. Working waterfront and water dependent uses, such as marina, fish
house/market,boat repair,boat building,boat storage, or other similar uses, shall comprise a minimum of
35% of the upland area of the property, adjacent to the shoreline,pursuant to Policy 101.5.6 of the
Comprehensive Plan.
(i) Per Section 130-92(a)(4),in the RV zoning district, commercial apartments shall be the only
permanent residential use allowed,not to exceed 10% of total RV spaces allowed or in existence on the
site,whichever is less.
0) Within the SR zoning district, the maximum net density for platted lots of less than 0.40 gross acres
shall be 1 dwelling unit per platted lot,provided all of the following conditions are met:
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 111;
4) Notwithstanding Section 130-160, 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 Section 130-160;
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0.6
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 of the Comprehensive Plan regarding legal
access.
k Density oiius iicu°ease above the max net densi1y provided mqy be permitted fora propeqy within a
sitespecific policy SLfl-)area under Goal 111 of L4ic ('oJ-T1L)rC]1c11Skvc Rail.
The corresponding text amendment to the Monroe County Comprehensive Plan to establish a goal
and objective that incentivizes affordable housing on Stock Island, and to 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 (File 2018-120) is limited
properties within the Residential High (RH) Future Land Use Map Category. Therefore, staff
recommends limiting the proposed changes in LDC Section 130-157 to the Urban Residential (UR)
Zoning, as noted above.
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 comprehensive Plan 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. 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
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0.6
STAFF RECOMMENDATION: Staff recommends approval with changes of the proposed
amendment, contingent upon approval of proposed amendments to the Comprehensive Plan to
establish Goal 111 (File 2018-120).
DOCUMENTATION:
2019-063 BOCC SR 01.22.20
2019-063 P31-19
DEO_ORC_11.22.19
2019-063 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 01/03/2020 4:54 PM
Assistant County Administrator Christine Hurley Completed
01/07/2020 6:43 PM
Steve Williams Completed 01/08/2020 7:46 AM
Maureen Proffitt Completed 01/08/2020 8:21 AM
Budget and Finance Completed 01/08/2020 8:21 AM
Maria Slavik Completed 01/08/2020 8:45 AM
Kathy Peters Completed 01/08/2020 10:34 AM
Board of County Commissioners Pending 01/22/2020 9:00 AM
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2
3 °
4
5 MEMORANDUM
6 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
7
8
9 To: Monroe County Board of County Commissioners
10
11 Through: Emily Schemper, AICP, CFM, Senior Director of Planning and Environmental 0
12 Resources
13
14 From: Cheryl Cioffari, AICP, Assistant Director of Planning a
15
16 Date: December 27, 2019
17
18 Subject: An ordinance by the Monroe County Board of County Commissioners amending Monroe
19 County Land Development Code Section 130-157 to allow for a density increase above
20 the maximum net density for a property subject to a site specific subarea policy
21 established under proposed Goal 111 of the Monroe County Comprehensive Plan as
22 proposed by Smith/Hawks PL on behalf of Wreckers Cay Apartments at Stock Island,
23 LLC (File 42019-063) �
e
24
25 Meeting: January 22, 2020 E
26
27 I. REQUEST
28
29 On April 8, 2019, the Planning and Environmental Resources Department received an application
30 from Barton W. Smith of Smith/Hawks PL on behalf of Wreckers Cay Apartments at Stock Island,
31 LLC (the "Applicant,") to amend the Monroe County Land Development Code (LDC) Section N
32 130-157 to allow for a density increase above the maximum net density for a property subject to a
33 site specific subarea policy established under proposed Goal 111 of the Monroe County �i
34 Comprehensive Plan. co
35 U
36 Related Applications
37 The Applicant has also requested the following: i
38 • A text amendment to the Monroe County Comprehensive Plan to establish a goal and CD
39 objective that incentivizes affordable housing on Stock Island, and to create a subarea policy
40 that would provide additional development restrictions and allowances for properties located N
41 at 6325 First Street, 6125 Second Street and 5700 Laurel Avenue on Stock Island;
42 • A corresponding Land Use District (Zoning) map amendment for the Property from Urban E
43 Residential Mobile Home (URM) to Urban Residential (UR) for a portion of the Property;
44 • A development agreement for the redevelopment of properties collectively known as
45 "Wrecker's Cay," involving 280 affordable dwelling units; a maximum height for structures
46 of 38 feet from grade, mechanical equipment and architectural features utilized to hide
47 mechanical equipment, including parapets, may be up to 44 feet above grade, and such
48 structures may contain three (3)habitable floors; and the transfer of 80 market rate TREs and
BOCC SR 01.22.20 Page I of 12
File 2019-063
Packet Pg. 2515
0.6.a
1 18 transient TREs. The ten year agreement includes a proposed conceptual site plan, with the
2 proposed development pursuant to the proposed amendments to the Comprehensive Plan and
3 Land Development Code (described above);
4 • A right-of-way abandonment for a portion of Laurel Ave.;
5 • A right-of-way abandonment for a portion of Maloney/1st Street; and
6 • A request to reserve 280 affordable ROGO allocations.
7
8 II. BACKGROUND INFORMATION
9
10 In the application materials,the Applicant states the reasons and basis for the proposed amendment C„
11 is: 2
The basis for the amendment is a change in projections, changed assunnptions, new issues
affecting the Florida Keys and the recognition of a need for additional detail or U)
comprehensiveness, 'this text amendment Application amends, Objective 107.1 of the
Comp Plan to add Policy .107.1.7 Stock Island Workforce Area I — 'To Provide
Limitations on Development and Specific Restrictions, The purpose of the Policy is to
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(Flan and absent the policy, the County anti Applicant are LO
12 unable to provide or construct,
It is well established that prior to 1-furricane 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, "[mlany of the business sectors in the
Florida Keys, including professional services, retail trade, tourism and health care, find it
13 increasingly difficult to attract and Maintain workers." As stated in both the Affordable ... �
14 The Applicant's full explanation and justification of the proposed amendments is included in the
15 file for the application (File 42019-063).
16
17 Concept Meeting
18 In accordance with LDC Section 102-158(a), a concept meeting was held on April 30, 2019 to
19 discuss proposed LDC text amendment. It was determined that the proposed text amendment will
20 not have a county-wide impact because the proposed amendment is limited to Stock Island.
21
22 Community Meeting and Public Participation
23 In accordance with LDC Section 102-159(b)(3), a Community Meeting for the Comprehensive
24 Plan and Land Development Code text amendments was held on April 30, 2019 and provided for 0
25 public input. Public comment included concerns about potential maximum net density, market-
26 rate/workforce as provided under LDC Section 139-1,reason for inclusion of suburban commercial
27 (SC) zoning district, rental/ownership of units, definition of workforce housing, transferring
28 allocated density, impact to protest procedure, and internal consistency between proposed goal, c"
29 objective and policy.
30 E
31 Development Review Committee and Public Input
32 At a regular meeting held on June 25, 2019, the Development Review Committee (DRC)
33 considered the proposed Land Development text amendment, and provided for public comment.
34
35
36
BOCC SR 01.22.20 Page 2 of 12
File 2019-063
Packet Pg. 2516
0.6.a
I Planning Commission and Public Input
2 At a regular meeting held on July 31, 2019, the Planning Commission considered the proposed
3 Land Development text amendment,provided for public comment and recommended approval of
4 the proposed amendment through Resolution P31-19.
5
6 Previous Relevant BOCC Action:
7 On August 21, 2019, at a regularly scheduled meeting,the BOCC held a public hearing to consider
8 the transmittal of the proposed Comprehensive Plan text amendment (File 2018-120), considered to
9 the staff report, and provided for public comment and public participation in accordance with the
10 requirements of state law and the procedures adoption for public participation in the planning
11 process. The BOCC transmitted the proposed amendment to the State Land Planning Agency 2
12 (DEO) for review and comment.
13
14 Following their review of the proposed amendment,DEO issued an Objections,Recommendations 2
15 and Comments (ORC) report on November 22, 2019 (attached). The ORC report did not identify
16 any objections or recommendations. The ORC included one technical comment:
17 U)
18 Stock Island is within the Military Installation Area of Impact (MIAI). The county has
19 several policies related to reducing and maintain densities within the MIAI and Coastal LO
20 High hazard area. The County should consider the 65-69 DNL Noise Zone 2 as they
21 approve receiver sites for the proposed units. Additionally, the county should adopt a
22 map into the Future Lan Use series that depicts the proposed subarea and provide a legal
23 description.
24
25 The County has 180 days from the date of receipt of the ORC to adopt the proposed amendment, E
26 adopt the amendment with changes or not adopt the amendment.
27 0
28 III. PROPOSED LAND DEVELOPMENT CODE TEXT AMENDMENTS
29
30 The Applicant's proposed text as submitted on April 8, 2019 and revised on May 21, 2019, is
31 shown as follows: additions are in underlined, deletions are sly. v
32 ri
33 Chapter 138—LAND USE DISTRICTS i
34 ARTICLE V—LAND USE INTENSITIES
35 *****
36 Sec. 130-157. - Maximum Permanent Residential Density and Minimum Required Open Space.
i
37 The maximum permanent residential density for those uses permitted by this chapter and minimum `o
38 required open space shall be in accordance with the following table:
Maximum Permanent Residential Density and Minimum Open Space I
1
Allocated Density(a)(b) Maximum Net Density Minimum E
Land Use District DU/Gross Acre of (a)(b)(c) Open 0
Upland DU/Buildable Acre Space
Ratio tag
Mixed Use (MU) 1.0
BOCC SR 01.22.20 Page 3 of 12
File 2019-063
Packet Pg. 2517
.......................................................................................................................................................................................................................................
Urban Residential (UR) 6.0 TDRs: 12.0 0.20
Affordable: 25.0
...............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
(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) Vessels, including live-aboard vessels or associated wet slips, are not considered dwelling units and
do not count when calculating density.
..................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... C14
(c) Maximum Net Density is the maximum density allowable with the use of the TDRs, or for as
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.
(d) Additional open space requirements may apply based on environmental protection criteria- see
additional open space ratios in Chapter 118. In accordance with section 10 1-2(l), the most restrictive of 4)
these ratios applies.
LO
(e) 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 net density
bonuses shall not be available.
(f) Per Policy 10 1.5.25,the allocated density for the CFSD-20 land use district(Little Torch Key) shall
be I dwelling unit per acre, or I 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 E
shall be allowed in addition to the permitted nonresidential uses and intensity(i.e., density and intensity
X
shall not be counted cumulatively).
(g) The minimum open space ratio for the MN zoning district is 0.99 for permanent residential uses. For
campground and nonresidential uses within the MN zoning district, the minimum open space ratio is
0.95, as shown in the density and intensity tables in Sections 130-162 and 130-164.
C14
(h) A mixture of uses shall be maintained for parcels designated as MI zoning district that are within the �
MC future land use category. Working waterfront and water dependent uses, such as marina, fish
house/market,boat repair,boat building,boat storage, or other similar uses, shall comprise a minimum
of 3 5% of the upland area of the property, adjacent to the shoreline,pursuant to Policy 10 1.5.6 of the
Comprehensive Plan.
0
(i) Per Section 130-92(a)(4), in the RV zoning district, commercial apartments shall be the only CO I
permanent residential use allowed,not to exceed 10% of total RV spaces allowed or in existence on the M
(0
site,whichever is less.
0) Within the SR zoning district, the maximum net density for platted lots of less than 0.40 gross acres
shall be I dwelling unit per platted lot,provided all of the following conditions are met:
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
1) The parcel must be one full platted lot shown on a plat approved by the County and duly recorded E
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 111;
BOCC SR 01.22.20 Page 4 of 12
File 2019-063
Packet Pg. 2518
4) Notwithstanding Section 130-160, 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 Section 130-160;
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 of the Comprehensive Plan regarding legal
access.
(k) Density bonus above the max net density provided may be permitted for a property within a site
specific policy area under Goal 111.
1
as
2 IV. STAFF-RECOMMENDED CHANGES TO PROPOSED AMENDMENT U)
3
4 As noted above, the Applicant's proposed text, as submitted on April 8, 2019 and revised on May
5 21, 2019, additions are shown in underlined, deletions are stt:ieken t4eu-gh. Staff proposed U)
6 amendments are as additions in red un(lefl�ne, deletions are re(I sti4el�efi thF611#11.
7
LO
8 Chapter 138—LAND USE DISTRICTS
9 ARTICLE V—LAND USE INTENSITIES
10
11
12 Sec. 130-157. - Maximum Permanent Residential Density and Minimum Required Open Space.
as
13 The maximum permanent residential density for those uses permitted by this chapter and minimum
14 required open space shall be in accordance with the following table: X
15
Maximum Permanent Residential Density and Minimum Open Space
..........................................................................................................................................................................................................................
(a)(b) Minimum r Ni
Allocated Density Maximum Net Density
Land Use District DU/Gross Acre of (a)(b)(c) Open
cv
Space
Upland DU/Buildable Acre Ratio (d)
aY
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Mixed Use (MU) 1.0 12.0 (e) 0.20 0
...............................................................
.............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. ..................................................
0
Urban Residential (UR) 6.0 TDRs: 12. 0.20
Affordable: 25.0
C14
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) Vessels, including live-aboard vessels or associated wet slips, are not considered dwelling units and
do not count when calculating density.
(c) Maximum Net Density is the maximum density allowable with the use of the TDRs, or for
qualifying affordable housing development. TDRs can be utilized to attain the density between the
BOCC SR 01.22.20 Page 5 of 12
File 2019-063
Packet Pg. 2519
0.6.a
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.
(d) Additional open space requirements may apply based on environmental protection criteria- see
additional open space ratios in Chapter 118. In accordance with section 101-2(1), the most restrictive of
these ratios applies.
(e) 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 net density
bonuses shall not be available. cw
(f) Per Policy 101.5.25,the allocated density for the CFSD-20 land use district(Little Torch Key) shall i
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).
(g) The minimum open space ratio for the MN zoning district is 0.99 for permanent residential uses. For
campground and nonresidential uses within the MN zoning district, the minimum open space ratio is ID
0.95, as shown in the density and intensity tables in Sections 130-162 and 130-164. V..-
LO
(h) A mixture of uses shall be maintained for parcels designated as MI zoning district that are within the
MC future land use category. Working waterfront and water dependent uses, such as marina, fish
house/market,boat repair,boat building,boat storage, or other similar uses, shall comprise a minimum C3
of 35% of the upland area of the property, adjacent to the shoreline,pursuant to Policy 101.5.6 of the
Comprehensive Plan.
(i) Per Section 130-92(a)(4),in the RV zoning district, commercial apartments shall be the only E
E
permanent residential use allowed,not to exceed 10% of total RV spaces allowed or in existence on the
site,whichever is less. X
0) Within the SR zoning district, the maximum net density for platted lots of less than 0.40 gross acres t3
shall be 1 dwelling unit per platted lot,provided all of the following conditions are met:
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.);
�s
3) The platted lot must have a Tier designation of Tier 111; t3�
t3
4) Notwithstanding Section 130-160, 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 Section 130-160; 9
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 of the Comprehensive Plan regarding legal
access.
k Den sit bo hits liicrease above the max net densi1y provided mgy be permitted fora propeLty within a
sitespecific pDliCY SLfliarea under Goal 111 ol,[lie i".orrun:rClIells�V 1f�hill.
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I The corresponding text amendment to the Monroe County Comprehensive Plan to establish a goal
2 and objective that incentivizes affordable housing on Stock Island, and to create a subarea policy
3 that would provide additional development restrictions and allowances for properties located at
4 6325 First Street, 6125 Second Street and 5700 Laurel Avenue on Stock Island (File 2018-120)is
5 limited properties within the Residential High (RH) Future Land Use Map Category. Therefore,
6 staff recommends limiting the proposed changes in LDC Section 130-157 to the Urban Residential
7 (UR) Zoning, as noted above.
8
9 V. CONSISTENCY WITH THE MONROE COUNTY LAND DEVELOPMENT CODE
10 C14
11 The proposed amendment is consistent with one or more of the required provisions of LDC Section 102- as
12 158(d)(7)(b):
13
cu
14 1. Changed projections (e.g., regarding public service needs) from those on which the text or 2
15 boundary was based;
16 Per the Applicant: U)
The basis for the ani=dn'me nt is a 6lnarnge in lnrojeetions;, clnangcd assumptions, now issues �
affecting the Florida Keys and the nreco rnitioil of a need for additional detail or LO
cornprel miivencss. This text amendment Application arnendi Objective 107.1 of the
Comp Plan to add Policy '1 7.1.7 Stock IsIand Woritforce Area 'I. — To Provide
Li.nnnft2tiorns on Developnnent and Specific Restrictions. The purpose]of the Policy is t
provide the hospitality, working,ing wry tcrfm-ont, industrial, mmd other commercial noses in Key
West, Stock Jsland, anld the surrounding areas with nn uch needed workforce ousirng nvin ch,
under the current C'omprelnm s ve Plan and absmt the Policy,the County and Applicant are E
unable to provide or construct„
17
18 2. Changed assumptions (e.g., regarding demographic trends);
trs
19 Per the Applicant:
The basis for the aniland meat is a 6lnarnge in Projeetions;, clnangcd assumptions, new issues Q
affecting, the Florida Keys and the nreco rnitioil of a need for additional tl tail or
comprehm.iivencss, This text amendment Application arnnerndi Objective 107.1 of the
Cormip Plan to add Policy '107»I.7 Stock IsIand Woritforce Area 'l — To Provide W�
Li.nnnft2tiorns on Developnnnent and Specific Restn°tctio ns. The purpose+of'the policy is t i
provide the hospitality, working,ing wv terf-ont, industrial, mmd other common ierciai uses in Key �s
West, Stock Jsland, annd tine surrounding,areas with nnucln needed workforce housing nvhich,
under the current C'omprelnm s ve Plan and absmt the Policy,the County and Applicant are �
unable to provide or construct„
20
21 3. Data errors, including errors in mapping, vegetative types and natural features described in
22 volume 1 of the plan;
23 N/A
24
25 4. New issues;
26 Per the Applicant:
BOCC SR 01.22.20 Page 7 of 12
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The basis for the arniendinent is a cJlange in projections, clian,ged assumptions,
,now issues
aiYeeting die Florida Keys and the reco,gnit,ion of a acod for additional detail or
comprehensiveness, 1"his text amendment Application amends Objective 107.1 of the
Comp Plan to add Policy 1107,11.7 Stock IsIonid We'ritforce Area I — To Provide
Linift2tiOnS on Development and SpecIfir,Restrictions. The purpose of tile pojjcy is to
provide the hospitality, working waterfi-ont, industrial, and other cornmieTcial Uses! in Key
West, Stock Island, and the Surrounding areas with much needed workforce housing which,' ich,
,
'under the current Comprehensive Plan and absent,thie Policy,the County and Applicant are
'unable to,provide:or construct,
I
2 5. Recognition of a need for additional detail or comprehensiveness; or 2 C14
3 Per the Applicant:
U)
The basis for the anilendinent is a 6liange in projections, changed assumptions, ,new issues
affecting the RaHda Keys and tine recognition of a need for m1ditilonal dotail or
c I omprehemivencss. This text amendment Application aniends Objective 107.1 of the
("Ornp Plan to add Policy 107.1.7 Stock Istand Workforce Area ',I — To
Provide
Limitations on Development and Specific Restrictions. The purpose of tile policy is t
provide the hospitality, working waterfi-ont, industrial, and other comet ercial usirs, in Key
LO West, Stook Island,and thesumunding areas withru'ach needed workforce housin ch,g whi ,
'render the ewrentCornprehensive:Plan andabsmt the Policy,the County and Applicant are
U
nable to,provide or construct,.
4
5 The proposed amendment addresses the need for additional detail to implement the proposed (n
6 comprehensive plan goal, objective and subarea policy to allow for increased max net density
7 for affordable housing.
E
8
X
9 6. Data updates;
10 N/A
11 zz�
Q
12 In no event shall an amendment be approved which will result in an adverse community change
13 to the planning area in which the proposed development is located or to any area in accordance ri
14 with a livable communikeys master plan pursuant to findings of the board of county
15 commissioners.
16
17 The proposed text amendment is not anticipated to result in an adverse community change. All
0
18 development shall be required to comply with level of service, concurrency, the regulations set forth 03
19 in the Land Development Code and the Florida Building Code.
20
21 VI. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE C14
22 PRINCIPLES FOR GUIDING DEVELOPMENT,AND FLORIDA STATUTES.
23 E
24 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the
25 Monroe County 2030 Comprehensive Plan. Specifically, it furthers:
26
27 Goal 101: Monroe County shall manage future growth to enhance the quality of life, ensure the
28 safety of County residents and visitors, and protect valuable natural resources.
29
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I Objective 101.3
2 Monroe County shall regulate new residential development based upon the finite carrying
3 capacity of the natural and man-made systems and the growth capacity while maintaining a
4 maximum hurricane evacuation clearance time of 24 hours.
5
6 Policy 101.3.3
7 Monroe County shall allocate at least 20% of the annual allocation, or as may be established by
8 the State of Florida, pursuant to Administration Commission Rules, to affordable housing units
9 as part of ROGO. Any portion of the allocations not used for affordable housing shall be retained
10 and be made available for affordable housing from ROGO year to ROGO year. Affordable
11 housing eligible for this separate allocation shall meet the criteria specified in Policy 601.1.4 and 2
12 the Land Development Code, but shall not be subject to the competitive Residential Permit
13 Allocation and Point System in Policy 101.6.4. Any parcel proposed for affordable housing shall
14 not be located within an area designated as Tier I as set forth under Goal 105 or within a Tier III- 2
15 A Special Protection Area as set forth in Policy 205.1.1.
16
17 Objective 101.5 U)
18 Monroe County shall regulate future development and redevelopment to maintain and enhance
19 the character of the community and protect natural resources by providing for the compatible LO
20 distribution of land uses consistent with the designations shown on the Future Land Use Map.
21
22 Policy 101.5.4
23 The principal purpose of the Residential High (RH) future land use category is to provide for
24 high-density single-family, multi-family, and institutional residential development, including
25 mobile homes and manufactured housing, located near employment centers.
26
27 Goal 601: Monroe County shall adopt programs and policies to facilitate access by residents to 0
28 adequate and affordable housing that is safe, decent, and structurally sound, and that meets the
29 needs of the population based on type,tenure characteristics,unit size and individual preferences.
30
31 Policy 601.1.4
32 All affordable housing projects which receive development benefits from Monroe County,
33 including but not limited to ROGO allocation award(s) reserved for affordable housing,
34 maximum net density,or donations of land, shall be required to maintain the project as affordable
35 for a period of 99 years pursuant to deed restrictions or other mechanisms specified in the Land
36 Development Code, and administered by Monroe County or the Monroe County Housing
37 Authority. i
38
39 Policy 601.1.8
40 Monroe County shall allocate at least 20% of the annual ROGO allocation, or as may be N
41 established by the State of Florida,pursuant to Administration Commission Rules, to affordable
42 housing units, as specified in Policy 101.3.3. Affordable housing eligible for this separate E
43 allocation must meet the criteria established in the Land Development Code.
44
45 Policy 601.1.9
46 Monroe County shall maintain land development regulations which may include density
47 bonuses, impact fee waiver programs, and other possible regulations to encourage affordable
48 housing.
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I B. The amendment is consistent with the Principles for Guiding Development for the Florida
2 Keys Area, Section 380.0552(7), Florida Statutes.
3
4 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan
5 with the principles for guiding development and any amendments to the principles,the principles
6 shall be construed as a whole and no specific provision shall be construed or applied in isolation
7 from the other provisions.
8
9 (a) Strengthening local government capabilities for managing land use and development so that local
10 government is able to achieve these objectives without continuing the area of critical state concern
11 designation.
12 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass U_
13 beds,wetlands, fish and wildlife, and their habitat. 0
14 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical M
15 vegetation(for example,hardwood hammocks and pinelands), dune ridges and beaches,wildlife,and 2
16 their habitat.
17 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic
18 development.
19 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys.
20 (f) Enhancing natural scenic resources,promoting the aesthetic benefits of the natural environment, and LO
21 ensuring that development is compatible with the unique historic character of the Florida Keys.
22 (g) Protecting the historical heritage of the Florida Keys.
23 (h) Protecting the value,efficiency, cost-effectiveness,and amortized life of existing and proposed major
24 public investments,including:
25 1. The Florida Keys Aqueduct and water supply facilities;
26 2. Sewage collection, treatment, and disposal facilities;
27 3. Solid waste treatment, collection, and disposal facilities; E
28 4. Key West Naval Air Station and other military facilities;
29 5. Transportation facilities;
30 6. Federal parks,wildlife refuges, and marine sanctuaries;
31 7. State parks,recreation facilities, aquatic preserves, and other publicly owned properties;
32 8. City electric service and the Florida Keys Electric Co-op; and
33 9. Other utilities, as appropriate.
34 (i) Protecting and improving water quality by providing for the construction, operation, maintenance, ri
35 and replacement of stormwater management facilities; central sewage collection; treatment and i
36 disposal facilities; and the installation and proper operation and maintenance of onsite sewage
37 treatment and disposal systems.
38 (j) Ensuring the improvement of nearshore water quality by requiring the construction and operation of �3
39 wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and 403.086(10), ooi
40 as applicable, and by directing growth to areas served by central wastewater treatment facilities
41 through permit allocation systems.
42 (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida
43 Keys. N
44 (1) Making available adequate affordable housing for all sectors of the population of the Florida Keys.
45 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of anatural E
46 or manmade disaster and for a postdisaster reconstruction plan.
47 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining
48 the Florida Keys as a unique Florida resource.
49
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0.6.a
I Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent
2 with the Principles for Guiding Development as a whole and is not inconsistent with any
3 Principle.
4
5 C. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute
6 (F.S.). Specifically, the amendment furthers:
7 _
8 163.3161(4), F.S. —It is the intent of this act that local governments have the ability to preserve
9 and enhance present advantages; encourage the most appropriate use of land, water, and
10 resources, consistent with the public interest; overcome present handicaps; and deal
11 effectively with future problems that may result from the use and development of land within
12 their jurisdictions. Through the process of comprehensive planning, it is intended that units
13 of local government can preserve, promote, protect, and improve the public health, safety,
14 comfort, good order, appearance, convenience, law enforcement and fire prevention, and 2
15 general welfare; facilitate the adequate and efficient provision of transportation, water,
16 sewerage, schools, parks, recreational facilities, housing, and other requirements and
17 services; and conserve, develop, utilize, and protect natural resources within their
18 jurisdictions.
19 LO
20 163.3161(6), F.S. — It is the intent of this act that adopted comprehensive plans shall have the
21 legal status set out in this act and that no public or private development shall be permitted
22 except in conformity with comprehensive plans, or elements or portions thereof, prepared
23 and adopted in conformity with this act.
24
25 163.3177(1), F.S. — The comprehensive plan shall provide the principles, guidelines, standards, E
26 and strategies for the orderly and balanced future economic, social,physical, environmental,
27 and fiscal development of the area that reflects community commitments to implement the
28 plan and its elements. These principles and strategies shall guide future decisions in a
29 consistent manner and shall contain programs and activities to ensure comprehensive plans
30 are implemented. The sections of the comprehensive plan containing the principles and
31 strategies, generally provided as goals, objectives, and policies, shall describe how the local
32 government's programs, activities, and land development regulations will be initiated,
33 modified, or continued to implement the comprehensive plan in a consistent manner. It is not
34 the intent of this part to require the inclusion of implementing regulations in the
35 comprehensive plan but rather to require identification of those programs, activities, and land
36 development regulations that will be part of the strategy for implementing the comprehensive
37 plan and the principles that describe how the programs, activities, and land development i
38 regulations will be carried out. The plan shall establish meaningful and predictable standards
39 for the use and development of land and provide meaningful guidelines for the content of
40 more detailed land development and use regulations.
41
42 163.3201, F.S. —Relationship of comprehensive plan to exercise of land development regulatory E
43 authority. It is the intent of this act that adopted comprehensive plans or elements thereof 0
44 shall be implemented, in part, by the adoption and enforcement of appropriate local
45 regulations on the development of lands and waters within an area. It is the intent of this act
46 that the adoption and enforcement by a governing body of regulations for the development
47 of land or the adoption and enforcement by a governing body of a land development code for
sOCC SR 01.22.20 Page 11 of 12
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0.6.a
I an area shall be based on, be related to, and be a means of implementation for an adopted
2 comprehensive plan as required by this act.
3
4 VII. PROCESS
5
6 Land Development Code Amendments may be proposed by the Board of County Commissioners,
7 the Planning Commission, the Director of Planning, private application, or the owner or other
8 person having a contractual interest in property to be affected by a proposed amendment. The
9 Director of Planning shall review and process applications as they are received and pass them onto
10 the Development Review Committee and the Planning Commission.
11 �
12 The Planning Commission shall hold at least one public hearing. The Planning Commission shall
13 review the application, the reports and recommendations of the Department of Planning &
14 Environmental Resources and the Development Review Committee and the testimony given at the 2
15 public hearing. The Planning Commission shall submit its recommendations and findings to the
16 Board of County Commissioners (BOCC). The BOCC holds a public hearing to consider the
17 adoption of the proposed amendment, and considers the staff report, staff recommendation,
18 Planning Commission recommendation and the testimony given at the public hearing. The BOCC
19 may adopt the proposed amendment based on one or more of the factors established in LDC LO
20 Section 102-158(d)(7).
21
22 VIII.STAFF RECOMMENDATION
23
24 Staff recommends approval with changes of the proposed amendment, contingent upon approval
25 of proposed amendments to the Comprehensive Plan to establish Goal 111 (File 2018-120).
26
27 IX. EXHIBITS
28
29 1. Planning Commission Resolution P31-19
30 2. DEO ORC dated 11/22/19 Q
31 3. Ordinance
i
i
i
cv
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O.6.b
3
6
7 MONROE COUNTY, FLORIDA
8 PLANNING COMMISSION ISSIO ES LU IO O. P 31-19
9
10
11 A RESOLUTION THE PLANNING COMMISSION C14
1.2 RECOMMENDING APPROVAL OF AN ORDINANCEBY THE
1.3 ONROE COUNTY BOARD OF COUNTY' COMMISSIONERS
U)
14 AMENDING MONROE COUNTY LAND DEVELOPMENT CODE
15 SECTION 130-157, MAXIMUM PERMANENT LSI E TILL
16 DENSITYAND REQUIRED OPEN SPACE,E, TO PROVIDE
17 DENSITY LOONS ABOVE TPIL MAXIMUM NET DENSITY FOR
18 A PROPERTY SUBJECT TO A SITE-SPECIFIC SUBAREA
19 POLICY ESTABLISHED UNDER PROPOSED GOAL 111 OF THE
LO
20 COMPREHENSIVE PLAN,, S PROPOSED BY SMITWHAWKS,
21 PL ON BEHALF OF' EC S CAA` APARTMENTS ,AT
22 STOCK ISLAND, LLCM; PROVIDING FOR SEVER IIILI TY �
23 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
NS;
24 PROVIDING FOR TRANSMITTAL TO TILL STATE LAND
25 PLANNING AGENCY SAND THE SECRETARY OF STATE; �
26 PROVIDING FOR INCLUSION IN THE MONROE COUNTY
27 CODE;I1L PROVIDING FOR AN LFFEC"TI E;DATE. (File 01.9 63) X
28
29
30
It-
31 WHEREAS, on .April 8, 2019, the Planning and Environmental resources Department
32 received an application from Barton W. Smith of Smith Hawks PL, on behalf of Wreckers Cay
33 Apartments at Stock Island, LLC (the "Applicant,") to amend the Monroe County Land
34 Development Cade Section 130-157 to allow for a density increase above the maximum net
35 density for a property subject to a site specific subarea policy established Linder proposed. Coal.
36 1.1 of the Monroe County Comprehensive Plan and
37
38 WHEREAS, on. April 30�, 2019 a community meeting was held, as required by LDCC°
39 Section 102-159(b)(3), to discuss the proposed Comprehensive Plan and Land Developnrent
40 Code text amendments, and to provide for public participation; and
41
42 WHEREAS, the Monroe County Development review Committee (D C) considered.
43 and reviewed the proposed amendment at a regularly scheduled meeting held on the 25°i day of
44 rune, 201.9; and
45
Resolution#P 31-19 Purge 1 of
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Packet Pg. 2527
0.6.b
I WHEREAS, staff is recommending approval of the proposed amendments to the Monroe
2 County Land Development Code, Section 130-157 to allow for a density increase above the
3 maximum net density for a property subject to a site specific subarea policy established under
4 proposed Goal 11 of the Monroe County Comprehensive Plan; and
5
6 WHEREAS, the Monroe County Planning Commission held a public hearing on July 31,
7 2019, for review and recommendation on the proposed amendment; and
8
9 WHEREAS, the Planning Commission was presented with the following documents and
10 other information relevant to the request, which by reference is hereby incorporated as part of the
11 record of said hearing:
12 1. Staff report prepared by Cheryl Cioffari, Comprehensive Planning Manager, dated
13 July 19, 2019;
14 2. Sworn testimony of Monroe County Planning &Environmental Resources
15 Department staff; and
16 3. Advice and counsel of Steve Williams, Assistant County Attorney, and John Wolfe,
17 Planning Commission Counsel; and
18
19 WHEREAS, based upon the information and documentation submitted, the Planning LO
20 Commission makes the following Findings of Fact and Conclusions of Law:
21 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
22 Monroe County Year 2030 Comprehensive Plan; and
23 2. The proposed amendment is consistent with the Principles for Guiding Development
24 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
25 3. The proposed amendment is consistent with Part II of Chapter 163, Florida Statute.
26
27 NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF 0
28 MONROE COUNTY, FLORIDA, the Monroe County Planning Commission recommends U
29 approval by the Board of County Commissioners of the proposed Land Development Code text
30 amendment to Section 130-157.
31
32 a.
33
34
35
36 THIS SPACE INTENTIONALLY LEFT BLANK
37
38 SIGNATURES ON FOLLOWING PAGE
39
40
41
42
43
44
45
Resolution#P 31-19 Page 2 of 3
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Packet Pg. 2528
I PASSED AND ADOPTED BY THE PLANNING COMMISSION of Monroe County,
2 Florida, at a regular meeting field on the 3 1" day of July, 2019.
3
4 Denise Werling, Chair YES
5 Williarn Wiatt, Commissioner YES
6 Tom Coward, Commissioner YES
7 Joe Scarpelli, Commissioner YES
8 Ron Miller, Commissioner YES
9
10 PLANNING COM ISSI Cis COUNTY, FLORIDA
C14
12 13 y 4"
13 Denise Werling, Ch"air
U)
14 M
2
15 Signed this day of St 2019
16
17 U)
18 NOTA R4PU L STATE OF FLORIDA
19
LO
20 Monroe County Planning Corninission Attorney
21 Troved, ,,s To Form ILZEAGUILA
OMI N#GG 043704
October 3,1 0 0 MY CO=
MMISSION#GG 043704
22 EXPIRES:October 31,2020
S
"'Mtor.
ru 'y MI,
Bonded Thru Notary Mlic Undemmters
23
24 J. offe
25 Date:
x
F11,,ED W111i THE
AUG 2 8 2019
AGENCYCLERK
C14
E
Resolution#P 3 1-19 Page 3 cal'3
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0.6.c
DRon DeSantis Ken Lawson
GOVERNOR EXECUTIVE DIRECIOR
FLORIDA DEPARTMENTrf
ECONOMIC OPPORTUNITY
November 22, 2019
The Honorable Heather Carruthers
Mayor, Monroe County
04
102050 Overseas Hwy, Suite 234 0
Key Largo, Florida 33037 iz
0
U)
Dear Mayor Carruthers:
The Department of Economic Opportunity ("Department") has completed its review of
the proposed comprehensive plan amendment for Monroe County (Amendment No. 19-
06ACSC), which was received and determined complete on September 24, 2019. We have
LO
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
findings concerning the amendment. The Department does not identify any objections to the E
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 0
whether the amendment, if adopted, is "In Compliance" as defined in Section 163.3184(1)(b), U
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 U
transmittal of the comprehensive plan amendment.The second public hearing, which shall be 0i
a hearing on whether to adopt one or more comprehensive plan amendments, must be held
LU
within 180 days of your receipt of the Department's attached report, or the amendment will be
deemed withdrawn unless extended by agreement with notice to the Department and any
affected party that provided comment on the amendment pursuant to Section
163.3184(4)(e)1., F.S.
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. 2530
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 �
Reviewing Agency CommentsLO
�
cc: Christine Hurley, County Administrator, Monroe County
Isabel CosioCarba||o, Executive Director, South Florida Regional Planning Council w
�
Packet Pg. 2531
�
��|
Objections, Recommendations and Comments Report
Proposed Comprehensive Plan Amendment
Monroe Coun%yl9-06ACSC
The Department has identified a comment regarding Monroe Count«'sproposed
comprehensive plan amendment.The comment is provided below, along with recommended
actions the County could take to resolve issues mf 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
assist the County to address the comment.
Cemmmmemt1: Stock Island is within the Military Installation Area of Impact(MIAI).The county has
several policies related to reducing and maintaining densities within the K4|A| 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 land
use series that depicts the proposed subarea and provide a legal description. �
�
LO
ri
�
�
Ir-
��|
Packet Pg. 2532
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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
copies on CD ROM in Portable Document Format (PDF) to the Department of Economic
iz
Opportunity and one copy to each entity below that provided timely comments to the local 0
government:the appropriate Regional Planning Council; Water Management District;
Department of Transportation; Department of Environmental Protection; Department of State;
the appropriate county (municipal amendments only);the Florida Fish and Wildlife
Conservation Commission and the Department of Agriculture and Consumer Services (county
plan amendments only); and the Department of Education (amendments relating to public LO
schools); and for certain local governments, the appropriate military installation and any other
local government or governmental agency that has filed a written request.
SUBMITTAL LETTER: Please include the following information in the cover letter transmitting
the adopted amendment:
Department of Economic Opportunity identification number for adopted amendment x
package;
Summary description of the adoption package, including any amendments proposed but
not adopted;
Ordinance number and adoption date;
�s
Certification that the adopted amendment(s) has been submitted to all parties that
provided timely comments to the local government;
Name,title, address, telephone, FAX number and e-mail address of local government E
contact;
Letter signed by the chief elected official or the person designated by the local
government.
. ...... .......... - _.........._..__ ..... ... _ _._.._ ...........................a_ _....._ ......_�._.
Effective:June 2, 2011(Updated June 2018) Page 1 of 2
Packet Pg. 2533
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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. 2
Note: If the local government is relying on previously submitted data and analysis, no additional U)
data and analysis is required;
Copy of executed ordinance adopting the comprehensive plan amendment(s);
Suggested effective date language for the adoption ordinance for state coordinated review:
LO
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
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
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 0
permits, or development dependent on this amendment may be issued or commence U
before it has become effective. "
List of additional changes made in the adopted amendment that the Department of
ri
Economic Opportunity did not previously review;
�s
i
Ir-
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
proposed amendment;
Statement indicating the relationship of the additional changes not previously reviewed E
by the Department of Economic 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. 2534
0.6.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 Heather Carruthers,District 3
( ti" 1 1 , David Rice,District 4
FAX: (305)289-2536 �� � �
We strive to be caring,professional,and fair.
Sent via Certified Mail#70190140000112252773
September 17,2019
Ray Eubanks,Plan Processing Administrator
Department of Economic Opportunity U)
Community Planning and Development
107 East Madison Street
Caldwell Building, MSC 160
Tallahassee,FL 32399
Monroe County Year 2030 Comprehensive Plan(Propose Amendment)—Transmittal
LO
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 a
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 t.3
the South Florida Regional Planning Council,Department of State Florida Bureau of Historic Preservation,Florida a
Fish and Wildlife Conservation Commission, Department of Agriculture and Consumer Services, Florida 0)
Department of Environmental Protection, Florida Department of Transportation, United States Navy(Naval Air 17
Station Key West—Boca Chica), South Florida Water Management District, City of Key Colony Beach,Village ri
Ir-
of Islamorada,City of Layton, City of Marathon and the City of Key West.
Page 1 of 3
Packet Pg. 2535
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 C14 MAXIMUM NET DENSITY FOR
2030 Monroe County AFFORDABLE HOUSING FOR A
Comprehensive Plan PROPERTY SUBJECT TO A SITE as
-
U)
SPECIFIC SUBAREA POLICY
ESTABLISHED UNDER PROPOSED
GOAL 111 OF THE COMPREHENSIVE
PLAN; ESTABLISHING GOAL 111 AND
OBJECTIVE 111.1 TO INCENTMZE
AFFORDABLE HOUSING DENSITY
BONUSES THAT EXCEED THE
ESTABLISHED MAXIMUM NET LO
DENSITY PROVIDED IN POLICY
101.5.25; AND CREATING POLICY
111.1.1 STOCK ISLAND WORKFORCE ca
SUBAREA 1; ESTABLISHING THE
BOUNDARY OF THE STOCK ISLAND
WORKFORCE SUBAREA 1; LIMITING
THE PERMITTED USES OF THE
E
SUBAREA TO DEED RESTRICTED
AFFORDABLE HOUSING DWELLING
x
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; C14
FOR PROPERTIES LOCATED AT 5700 ri
LAUREL AVENUE, 6325 FIRST STREET
AND 6125 SECOND STREET, STOCK
ISLAND; AS PROPOSED BY 0
SMITH/HAWKS, PL ON BEHALF OF 0
WRECKERS CAY APARTMENTS AT W
STOCK ISLAND,LLC a
E
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-
chervlgmonroecoupV-fl.gov.
Page 2 of 3
1 Packet Pg. 2536
0.6.c
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 4$.21.19
PLAN POLICY 101.5.25 TO PROVIDE A
Policy 101.5.25 of the DENSITY BONUS ABOVE THE �
2430 Monroe County MAXIMUM NET DENSITY FOR
AFFORDABLE HOUSING FOR A
Comprehensive Plan PROPERTY SUBJECT TO A SITE- as
SPECIFIC SUBAREA POLICY
ESTABLISHED UNDER PROPOSED
GOAL 111 OF THE COMPREHENSIVE
PLAN; ESTABLISHING GOAL 111 AND
OBJECTIVE 111.1 TO INCENTIVIZE
AFFORDABLE HOUSING DENSITY
BONUSES THAT EXCEED THE
ESTABLISHED MAXIMUM NET LO
DENSITY PROVIDED IN POLICY
101.5.25; AND CREATING POLICY
111.1.1 STOCK ISLAND WORKFORCE cJ
SUBAREA 1; ESTABLISHING THE
BOUNDARY OF THE STOCK ISLAND
WORKFORCE SUBAREA l; LIMITING
THE PERMITTED USES OF THE E
SUBAREA TO DEED RESTRICTED
AFFORDABLE HOUSING DWELLING
UNITS;ESTABLISHING MAXIMUM NET
DENSITY FOR AFFORDABLE HOUSING, �3
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 U�
AND 6125 SECOND STREET, .STOCK
ISLAND; AS PROPOSED BY
SMITHIHAWKS, PL ON BEHALF OF
WRECKERS CAY APARTMENTS AT w
STOCK ISLAND,LLC
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. 2537
Sincerely,
Cheryl Cioffari,AICP
Assistant Director of Planning
Enclosures
CC/ia
CC: Comprehensive Plan Review,.Department of Agriculture and Consumer Services
Plan Review,Florida Department of Environmental Protection .2
Deena Woodward,Florida Department of State,Bureau of Historic Preservation
Scott Sanders,Florida Fish and Wildlife Commission
U)
Kenneth Jeffries,Florida Department of Transportation
Isabel Cosio Carballo, South Florida Regional Planning Council
Terry Manning, South Florida Water Management District S
Ashley Monnier,United States Navy,Naval Air Station
U)
Ty Harris,Planning Director,Village of Islarnorada
Cathy Henniger, City of Key Colony Beach
Patrick Wright,Planning Director, City of Key West LO
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)
Roman Gastesi, County Administrator(w/o enclosures)
Christine Hurley,Assistant County Administrator(w/o enclosures) 0
Emily Schemper, Senior Director of Planning&Environmental Resources(w/o enclosures) E
x
zz�
M
cv
0
W
a
E
Page 3 of 3
1 Packet Pg. 2538
0.6.c
1 �.kra
3 �
4
5
7
8 MON OE COUNTY, FLORIDA
9 PLANNING COMMISSION RESOLUTION NO.P 2 -1
10
11 A RESOLUTION Y THE PLANNING COMMISSION GRECOMMENDING 0
1.2 APPROVAL OF AN ORDINANCE BY THE MONROE COUNTY BO ARD OF
13 COUNTY COTYLMISSIONERS, AM-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
U)
18 COMPREHENSIVE PLAN; ESTABLISHING GOAL 111 AND OBJECTIVE
19 11.1.1 TO INCENTIVIZE AFFORDABLE HOUSING DENSITY BONUSESLO
�
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 C> O OE SUBAREA 1; LIMITING G THE
24 PERMITTED USES OF THE SUBAREA TO DEED RESTRICTED
25 AFFORDABLE HOUSING DWELLING UNITS; ESTABLISHING
26 MAXIMUM NET DENSITY FOR AFFORDABLE US G; HEIGHT AND E
7 OFF-STREET PARKING REQUIREMENTS IN T14E SUBAREA; AN
8 ELIMINATING ALLOCATED TENSITY AND FLOOR AEA RATIO; x
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 SEVERABILITY1 PROVIDING
33 FOR REPEAL OF CONFLICTING PROVISIONS; 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 0i
7 DATE. (Fite#2018-120)
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, --- (the "Applicant,") to _end the Monroe County
44 Comprehensive Plan text amendment to create a goal and objective to incentivize affordable
5 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. 2539
0.6.c
1
D
344
6
7
8 MONROE COUNTY, FLORIDA
4 PLANNING COMMSSION RESOLUTION NO.P 29.19
10
11 A RESOLUTION BY THE PLANNING COMMISSION RECOMMENDING C14
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
17 POLICY ESTABLISHED UNDER PROPOSED GOAL III OF THE
18 COMPREHENSIVE PLAN; ESTABLISHING GOAL III AND OBJECTIVE
19 111.1 TO INCENTIVIZE AFFORDABLE HOUSING DENSITY BONUSES �-
20 THAT EXCEED THE ESTABLISHED MAXIMUM NET DENSITYLO
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
25 AFFORDABLE HOUSING DWELLING UNITS; ESTABLISHING
26 MAXIMUM NET DENSITY FOR AFFORDABLE HOUSING, HEIGHT AND
27 OFF-STREET PARKING REQUMEMENTS IN THE SUBAREA; AND
28 ELIMINATING ALLOCATED DENSITY AND FLOOR AREA RATIO; FOR
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 M
32 STOCK ISLAND, LLC; PROVIDING FOR SEVERABILITY; PROVIDING ed
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 1
37 DATE. (File#2018-120)
38
39
40
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. 2540
0.6.c
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
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 pp 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
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 U)
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
18 amendment; and
19
LO
20 WHEREAS, based upon the information and documentation submitted, the Planning
21 Commission made the following Findings of Fact and Conclusions of Law:
22
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
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 �s
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. 17
31 ri
32 NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF i
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 01
35 the proposed Comprehensive Plan amendment. The Planning Commission's recommended
36 changes are as follows:
37
38 1. Amend the proposed Policy 111.1.1 to allow a shoreside support facility associated with E
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. 2541
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 3111 day of July, 2019.
9
9 Denise Werling,Chair YES
10 William Wiatt, Commissioner YES C14
11 Tom Coward,Commissioner YES .2
12 Joe Scarpelli, Commissioner YES
13 on Miller, Commissioner YES U)
14 2
15 PLANNING CO ...... SET-ON OF MONROE COUNTY,FLORTDA
4
16
U)
17 By A.
18 rise Werling,Chair
LO
19
20 Signed this day of 2019
21
22
23 NOTARY PUBLI STATE OF FLORIDA (n
24
25 Monroe County Planning Commission Attorney hi
ILZEAGURUA E
26 Approve4/As To Form
S MY COMMISSION#GG 043704
EXPIRES:OCWbu 31,M X
27 Bonftd'ft NQUO PWloci e,
28
29 ]Ohn J.Wolfe
30 Date:
C14
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1�11 S")W11"Ir!THE
0
10 0
2 W
3 3
Resolution#P29-19 Pale of
File#2018-120
Packet Pg. 2542
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 I 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.
8
9 Denise Werling,Chair 'YES
10 William Wiatt, Commissioner YES C14
11 Tom Coward,Commissioner YES .2
12 Joe Scarpelli, Commissioner YES
13 Ron Miller, Commissioner YES U)
14
15 PLAM NING CO tISSION OF MONROE COUNTY,FLORIDA
16
17 B U)
18 )Denise Werling,Chair
19
LO
20 Signed this JI?VA day of 2019
21 0
22
23 NOTARY PUBLIQJrSTATE OF FLORIDA
24
25 Monroe County Planning Commission Attorney
E
26 Approve As To Form M AGA <
ATRIA,
27 MYCOMMUIONURMOOM4
X
•11 EXPIRriS.-O* 2=bv 31,
28 �e r%�V.VV DONW'ft Mary PMO UndMAM
29 John J.Wolfe
30 Date: zz�
7
C14
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FILED WITH THE
0
0
AUG 2 6' 2019 W
a
E
AGENCY CLERK
Resolution#P29-19 Page 3 of 3
File#2018-120
Packet Pg. 2543
0.6.c
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 cv
11 2
12 Date: August 5, 2019
13
14 Subject: An Ordinance by the Monroe County Board of County Commissioners amending the
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 Stock Island Workforce
18 Subarea 1; establishing the boundary of the Stock Island Workforce Subarea 1; limiting
19 the permitted uses of the subarea to deed restricted affordable housing dwelling units;
LO
Ir-
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 as
24 #2018-120)
25
26 Meeting: August 21,2019
27 X
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,
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 i
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 0i
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
38 affordable housing, increases the height limit and decreases the off-street parking requirements in the
39 area; provides for the transfer of existing TREs and TDRs in the area and eliminates allocated E
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. 2544
1 0 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 0 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
8 proposed amendments to the Comprehensive Plan and Land Development Code (described
9 above);
C14
10 0 A right-of-way abandonment for a portion of Laurel Ave.; and .2
11 * A right-of-way abandonment for a portion of Maloney/I"Street.
U)
12
13 11. BACKGROUND INFORMATION
14 S
15 Site Information:
U)
16 Location: MM 5, Stock Island
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 LO
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 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;
23 00124550-000000: 88,913 SF (2.04 acres) per survey by Robert E. Reece of
E
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 X
26 ALTA/NSPS Land Title Survey, dated 4/30/2018.
27 FLUM Designations: Residential High(RH)
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 I
32 Existing Use: Developed with 3 mobile home parks and accessory uses and structures.
33 Existing Vegetation/Habitat: Developed Land and Mangrove 0
34 Community Character of Immediate Vicinity: Adjacent land uses include nonresidential to the 0
W
35 north and west,residential and public uses to the south; and open water to the east across US 1.
36
37 The property currently has a Land Use District (Zoning) designation of Urban Residential (UR) and E
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. 2545
0.6.c
1 0 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 0 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
8 proposed amendments to the Comprehensive Plan and Land Development Code (described M
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/1 It Street.
12
13 U. BACKGROUND INFORMATION
14
15 Site Information:
16 Location: MM 5, Stock Island
17 Address: 6325 First Street, 6125 Second Street and 5700 Laurel Avenue on Stock Island
18 Parcel ID Number: 00124540-000000, 00124550-000000 and 00124560-000000LO
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 00124540-000000: 167,029 SF (3.83 acres) per survey by Robert E. Reece of W
22 ALTA/NSPS Land Title Survey, dated 4/30/2018;
23 0 00124550-000000: 88,913 SF (2.04 acres) per survey by Robert E. Reece of E
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. �s
27 FLUM Designations: Residential High(RH) _
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 i
32 Existing Use: Developed with 3 mobile home parks and accessory uses and structures.
33 Existing Vegetation/Habitat: Developed Land and Mangrove 1
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 US 1.
36
37 The property currently has a Land Use District(Zoning) designation of Urban Residential (UR) and
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. 2546
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
4 application to confirm the habitats.
5
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
8 specific subarea policy to accompany a concurrently proposed Land Use District (Zoning) Map
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 cv
11 includes the property depicted below:
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12
13 Cd
14 In the application materials, the Applicant states that the reason for the proposed amendments is
15 "The Stock Island area serves primarily as a workforce community for employment centers in Key
16 West and Marathon, and the proposed Amendment will bolster the ability for residents to obtain 0
17 affordable housing in proximity to Key West and Marathon employment centers." 0
18 W
19 The Applicant states:
The basis for the amendment is a change in projections,changed assumptions,new issues E
affecting the Florida Keys and the recognition of a need for additional detail or
comprehensiveness. This text amendment Application amends Objective 107.1 of the
e
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
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. 2547
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
1 increasingly difficult to attract and maintain Workers." As stated in both the Affordable ...
2 is included in the file
3 The Applicant's full explanation and justification of the proposed amendments
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
8 permanent residents of unincorporated Monroe County. In 2015, the BOCC acknowledged the
9 County's workforce housing issues and adopted Resolution 189-2015, assigning additional duties to
U)
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
13 BOCC held a special meeting on December 6, 2016, to discuss the recommendations, and provided
U)
14 direction to staff to move forward on several measures to encourage and incentivize the provision of
15 affordable and workforce housing within the County.
LO
16
in the Lower Keys areas are significantly housing
17 The 2014 ALICE report indicates that renters
is burdened over 35%, as follows: by 68% in Key West, by 69% in Stock Island, by 72% in Big
20 19 Coppitt,by 56%in the Lower Keys and by 42%in Big Pine Key.
KEY FACTS AND ALICE STATISTICS FOR MONROE.COUNTY
E
0 itt Key/Monroe CO2p,11r X
Banhm,61,p
U[.2016 Ug3 9%_3
7
161T
Li7 _ 44�Ai(
4 A
Tim,150bi Mow km 35".Raxr__
10% iJ74 44 1A 42% CN
C14
21 173-3 L7T7-'- 156%
mot, pnda�(w�l I fiwlow�
Jlqvdai.?vo? i Umj�rhvldi 1-Irwoii 1,� ALAYl 1h(wV 41JO; I"VNdJ'1!V- -W, 1
3
6 8"A
9,�
'�22 �3 5�%1. 44'A 0
7_0 +93 1, '. 11 1 1
1,0WE't Ke-S/Monroe CqLl�,ID� 0
W"7 fol",
�rwdfo�bmnbr w
—2
Pyn 9h npwf P.1i,
.........
22 L 10394 4314 80/6 6 '
.... % a 42% 156%
S-totek1slandl Monroe Coun ......
i � I _:n� 7, E
V,�, ljj�'CT 14',71?riqq Burdett&
N',a Rate Opwre
r 8%
_S 6211/6 2.4
r37
25 15 American Community
26 In 2017, the ALICE Report was updated with information based on 20
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. 2548
0.6.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
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
9 County's workforce housing issues and adopted Resolution 189-2015, assigning additional duties to
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
12 presented their recommendations to the BOCC at their regular meeting on August 17, 2016. The
13 BOCC held a special meeting on December 6, 2016, to discuss the recommendations, and provided U)
14 direction to staff to move forward on several measures to encourage and incentivize the provision of
15 affordable and workforce housing within the County.
16 LO
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'
0:�fvw dir am CE 1°,toa7da RrI-od:SiMaj,crJ`F"r'rrawdal Hard ho,P°rt!/,2014,:Opcnrhx 1I f E
Ca itt /Monroe Con
lasalairatr 1~Iritt0166/d° PnfvjTfy%, ALJCE Abnor✓PUCE 11---ffp0j I1{nrrcargB er,user lltrrrirr 13rrrd,.r.6r.
er
m 7 i r�rl afd AG n>ent R rtr 3%Diu nrr ; 35%Rrarr
201 33 1201rr 35"/n 50/® "/r 9 �ij°�a
Pine / roe Gout► 7 % _
PaPRkliaa 1-k arehoUr A rq)% AUCE Alir& 1 rrerrr41o1 ivirdet.€;Bxrdrfl amr 1larzr,*&rdefl 01*1-
1#irc}ro/d e ron1112ata S �y?o fJn:vrrr 3S�p errtar
21 9 3777 1619 1rf0 3 1K 56% °/a "fa Cv
42°fa
-eat
P#pfiiku }Fvrrr lwldr !'er�r7g rn /1t.Iff Abo 1Z J({i t rr'tdt lap,_ � atrsi€xS T3 rr rt r J antsle�r��3atr srtr r,rrr (�I
0a T7rrrrJrla!`% r rrt rle 9 35 , MAKer t 3.5°fin rwirr
�70 93 °!0 5°1a 5 °la 4ala '4 "/a = °Pa
roeper e s J3T:.. c€ -_ .w _..._
/'oa+rfatr'r,r F1rrt rLr/r!r T'r,r rtp u ,31 ETC da /tnr 3L 1t C1rsrlvp 1?rex rrr rrrrd r raar ;farrrir Lrrri t„ar t
°b 1lzrerb�JtJ rt neat il_ie 35olo Clrrtrrrr a 35°e Rrrrter
22 10394 4314 S°fa % �/ Ufa r 2�Ja 56`la
StockI ndl Monroe Coun �
1'ajulxiin� Ilrrrrrlara3r}r Pn, }rrs CE, Abair : E t 2m C ren. ?x- I tsrrint l3ntI rep omr q 1�rtr n l3ttrE r,rr�r
________� 1 hmsh�dd 9n �erir Brit �3a��,tJutsra �5�i,xlr�frr
34 3736 1131 11 % 1%,
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. 2549
ALICE IN MONROE COUNTY
Populition:77,4821� Number of Housoholds- 3,1,391
Ml#dian Household incom*: sx.-C,120( te av'erak,ie
Florida Undoremploywent Rate for 2016: 11, 61�,i�
Household&Selow ALICE Thw,#sWd: 14,501!,(461110
How an houselimitis -ere styli gglif-10
b.
ALICE is an acronym for �,set Households Iby hcome,2007 to 2015 C14
L=ted,Inconte.Constrained. .....
Ernprvyed—houseWds that earn
more than the Federal Poverty
U)
Level,but less thark the basic cost
at hying for the county(the ALICE
TlireslIrriold orAT) Cornbmed,the AA
number of poverty and ALICE
households eqwals the total
populahon s.1rugghng to afford
baw needs,The percentage Wi
sq%
of households below the LICE 401
,rhfeshoki changes over time 72%
lk,,A axis,blue bars)as does the
total number of households(right
axks,dottedyeflow Ime).The
Great Recession,f7orn 2007 to
2010 causedhatils hip fm many 2010 2012 E
hunifies, Conddkms started to <
NOW Dower ry mmewell,AUCE Above NO', CP Tolst HN
improve iin 2010 and 2012, for x
some., Wt.not for all
2
3 What does it cost
to afford the basic
necessities?
The barc-mimmum Household
S l,203 S 1,63,,5
Survival Budget does not include 0
S1,203
any savings,leaving a househWd F 0
vulnerable to urwxpected 165 SIF7 w
Transportation 51644 a
experrses,ALICE househWds
Hmalth Care
typsWy eam above,the Federal
s $522
ng� E
Floverty Level of S 11,770 fora miscWtaneou -------
sie aduft and$24,250 for a Taxez� W,I "s 0
hund y y a monthl Tbtal
l four,but Jess than the %-u,4 14
Householci Suivival Budget. ANNUAL TOTAL,
E,,'sv%w 2 5 Pop a t ir,T#ah P D4,ItO A 4�V f;4 an C rr,dr,r), 1w y AZ k-Y-F 1"Romparc h vs k�
S V AL k7 E Try c.:ho aaa'a V dr.v.Z.D'vAt'w!ft'tw rf%,,x, On/1 1,Al In De.,k
ii,,3DP.Zrifnxi CfLok &xma, 0--t! Re':'.ur�&,,nne afp-
BOCC SR 08.21.19 Page 5 of 30
File#2018-120
Packet Pg. 2550
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
cv
11 Concept Meeting meeting was held on August 27, 2018 to
12 In accordance with LDC Section 102-158(a), a concept nice U_
13 discuss proposed Comprehensive Plan text amendment. It was determined that the proposed text 0
14 amendment will not have a county-wide impact because the proposed amendment establishes a Goal U)
cu
15 for Stock Island to incentivize affordable housing and the associated subarea policy is site specific 2 0
16 and limited to three (3)parcels. S
17 U)
is Community Meeting
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-
LO
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.
25
26 Planning Commission and Public Input E
27 On July 31, 2019, at a regular public meeting, the Planning Commission held a public hearing
X
28 regarding the proposed amendment and provided for public comment. The Planning Commission
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
31 proposed CP text amendment (Resolution P29-19). The Planning Commission's recommended
32 changes are as follows:
cv
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; 0
37 2. Amend the proposed Policy I I I-I-I to state: 0
W
38 a. The Eighty (80) market rate dwelling units (ROGO-exemptions) may be transferred a
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 E
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. 2551
0.6.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
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 cv
12 In accordance with LDC Section 102-158(a), a concept meeting was held on August 27, 2018 to iz
13 discuss proposed Comprehensive Plan text amendment. It was determined that the proposed text 0
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
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, marketLO
-
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.
25
26 Planning Commission and Public Input E
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 1
0
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
31 proposed CP text amendment (Resolution P29-19). The Planning Commission's recommended
32 changes are as follows:
33 cv
i 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; 0i
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
39 within Stock Island upon approval of a minor conditional use following the approval of a a
40 development agreement associated with the Wreckers Cay project. Additionally, the
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. 2552
0.6.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 U)
14
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
18 under allocated density or maximum net density calculations.
19
LO
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
25 transferable development right and maintain the right to develop that acreage as the land use E
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
30 Sec. 130-160.- Transferable Development Rights (TDRs).
31 (a) General and criteria. The Maximum Net Density is the maximum density allowable with the ri
32 use of TDRs, and shall not exceed the maximum densities established in the Comprehensive Plan. i
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 1
35 sections 130-157 and 130-162(allocated density for permanent residential dwelling units or transient
36 units) are transferable from one parcel of land to another parcel of land,provided that the sender and
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. 2553
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
as
11 Development Code.
12 (4) A receiver site shall meet the following criteria: U)
M
13 a. The Future Land Use category and Land Use (Zoning)District must allow the requested use; 2
14 b. Must have an adopted maximum net density standard;
15 C. Includes all infrastructure (potable water, adequate wastewater treatment and disposal
U)
16 wastewater meeting adopted LOS,paved roads, etc.);
17 d. Located within a Tier III designated area; and LO
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
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
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 E
24 receiver sites within North Key Largo. X
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 (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
N
ri
T-
29 (MN). ed to the nearest tenth (i.e.
30 (7) A development right may be transferred in part, provided it is round
31 if a sender site is designated Native Area(NA) and consists only of two acres of upland, the property
0
32 owner may transfer the fractional 0.50 transferable development right). However, in accordance with 0
W
33 subsection (8), in no event shall a property owner utilize part of a sender site's acreage for a a
34 transferable development right and maintain the right to develop that acreage as the land use
35 intensity shall be exhausted. E
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
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 Page 8 of 30
File#2018-120
Packet Pg. 2554
0.6.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.
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 cv
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: a)
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.);
17 d. Located within a Tier III designated area; and
LO
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
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
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) i
26 Districts that do not have a maximum net densities is prohibited (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 v
29 (MN).
Ir-
30 (7) A development right may be transferred in part,provided it is rounded to the nearest tenth (i.e. �I
�s
31 if a sender site is designated Native Area(NA)and consists only of two acres of upland, the property 0i
32 owner may transfer the fractional 0.50 transferable development right). However, in accordance with
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
35 intensity shall be exhausted.
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
39 easement shall be reviewed and approved by the planning and enviromnental 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. 2555
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:
10 a. The names and addresses of the property owners of record for the sender site(s) and receiver
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);
15 d. A copy of the affidavit of intent to transfer;
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, LO
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
22 development order shall be recorded in the official records of the Monroe County Clerk of the E
23 Circuit Court. Such recording shall be carried out so that the document is associated with all
24 applicable sender and receiver sites; and 0
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
28 development that would require use of any of the allocated density that was transferred from the ri
29 parcel. i
30 �s
31 H1. PROPOSED COMIPREHENSIVE PLAN TEXT AMIENDMENTS 0i
32
33 The Applicant's proposed text is shown as follows: additions are in underlined, deletions are k-en
34 through.
35
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. 2556
0.6.c
Future Land Use Densities and Intensities
Residential Nonresidential Minimum
open
Future Land Use Category Space Ratio
and Corresponding Allocated Density(a) Maximum Net Maximum W
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 cv
as
zoning)
Airport(AD) 0 du N/A 0.10 0.20 U)
(AD zoning) 0 rooms/spaces N/A
a
Commercial(COMM) 0 du N/A 0.15-0.50 0.20
(Cl and C2 zoning) 0 rooms/spaces N/A
Conservation(C) 0 du N/A 0.05 090
LO
(CD zoning) 0 rooms/spaces N/A
Education(E) 0 du NIA 0.30 Per
(no directly corresponding 0 rooms/spaces N/A underlying
zoning
zoning)
Industrial(I) 1 du 2 du 0.25-0.60 0.20
(I and MI zoning) 0 rooms/spaces N/A
x
Institutional(INS) 0 du N/A 0.30 Per
(no directly corresponding 15 rooms/spaces 24 rooms/spaces underlying U
zoning) zoning
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 t31
(MF zoning) 10 rooms/spaces 20 rooms/spaces 0
I
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)
(SC,UC,DR,RV,MU and 6 du(UC) 12 du(UC)
MI zoning) Commercial 12-18 du(MU)M 01 <2,500 SF(RV) 0.20 E
Apartments 18 du(DR)
(RV)() 0.30—0.60(MI)
5-15 rooms/spaces 10-25 rooms/spaces
Mixed Use/Commercial 1 du 12 du(CFA,CFSD)
Fishing(MCF)(fl (CFSD-20)
G)
BOCC SR 08.21.19 Page 10 of 30
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0.6.c
Future Land Use Densities and Intensities
Residential(1) Nonresidential Minimum
Future Land Use Category Open
and Corresponding Allocated Density(a) Maximum Net Space Ratio
Zoning Maximum ce)
(per upland acre) Density t2>(11) Intensity
(per buildable acre) (floor area ratio)
Agriculture/Aquaculture 0 du NIA 0.25
(f'')td> 0 rooms/spaces N/A Per
derlying
(no directly corresponding un Q
zoning) zoning 2
Airport(AD) 0 du
N/A 0.10 U)
0.20
(AD zoning) 0 rooms/spaces N/A
ca
Commercial(COMM) 0 du N/A 0.15-0.50 0•20
(C1 and C2 zoning) 0 rooms/spaces N/A
Conservation(C) 0 du
CD zoning) N/A O.OS 0.90 LO
( g) 0 rooms/spaces N/A
Education(E)td> 0 du N/A 0.30
(no directly corresponding 0 rooms/spaces N/A Per ca
zoning) underlying
zoning
Industrial(1) 1 du 2 du
0.25-0.60 0.20 E
(I and MI zoning) 0 rooms/spaces N/A
x
Institutional(INS)(d) 0 du N/A 0.30
(no directly corresponding 15 rooms/spaces 24 rooms/spaces Per g,
zoning) underlying
zoning
Mainland Native(MN) 0.01 du N/A 0.95--0.99
(MN zoning) 2 spaces(e) N/A 0.03
I
Military(M)
12 du 0.30-0.50 0.20
(MF zoning) :1::,;6du:
ces 20 rooms/spaces
Mixed Use/Commercial 1 du(DR,MU,MI) 2 du(MI) 0.1"'45
(MC)(f)ts) 3 du(SC) 6-18 du(SC)W (SC,UC,DR,MU)
(SC,UC,DR,RV,MU and 6 du(UC) 12 du C
MI zoning) Commercial 12-18 du(MU)(x)W <2,500 SF(RV) 0.20
Apartments 18 du(DR)
(RV)(h) 0.30--0.60(MI)
5-15 rooms/spaces 10-25 rooms/spaces
Mixed Use/Commercial 1 du 12 du(CFA,CFSD)
Fishing(MCF)(f) (CFSD-20)0)
BOCC SR 08.21.19
File#2018-120 Page 10 of 30
Packet Pg. 2558
0.6.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
Public Buildings/Lands 0 du NIA 0.30 Per
(PB)(d) cv
underlying as
(no directly corresponding 0 rooms/spaces NIA zoning U-
zoning)
U)
Public Facilities(PF)<d> 0 du N/A 0.30 Per
(no directly corresponding 0 rooms/spaces N/A underlying
zoning)
zoning
U)
Recreation(R) 0 du
NIA 0.20 0.90 as
PR zoning) 2 rooms/spaces NIA
era
Residential Conservation 0-0.10 du(OS) N/A 0--0.20 0.95 M
(RC) 0.25 du(NA) N/A
(OS and NA zoning) 0 rooms/spaces
cas
Residential Low(RL) 0.50 du 3 du(SR-L) 0.25
(SS, SR,and SR-L zoning) 5 du(SR) 0.50
E
or (SR,SR-L)
1 du/lot(SR)tm>
N/A(SS) 0.80(SS) I�
0 rooms/spaces N/A
Residential Medium(RM) 1 du/lot(IS,IS-V,IS- N/A
(IS,IS-V,IS-M and IS-
D O)zoning) 2 duAot(IS-D) 0 0.20
I
0 rooms/spaces N/A
I
Residential High(RH) 6 du(UR) 12-25 du(UR)(k)(n)
(IS-D W,URM,URM-L and ldu/lot(URM,URM- N/A(IS-D,URM,
UR zoning) L
2 du/Iot(IS-D) URM-L) 0 0.20
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.
BOCC SR 08.21.19 Page 11 of 30
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(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
may be used with new or existing zoning districts as appropriate.
Public Facilities,which have no directly corresponding zoning,
cv
(e) Within the Mainland Native future land use district,campground spaces and nonresidential buildings shall only be permitted for
educational,research or sanitary purposes.
LL
(f) For properties consisting of hammocks,pinelands or disturbed wetlands within the Mixed Use/Commercial and Mixed Use/
Commercial Fishing future land use categories,the maximum floor area ratio shall be 0.10 and the maximum net density bonuses
shall not be available.
(g) A mixture of uses shall be maintained for parcels designated as MI zoning district that are within the MC future land use
category.Working waterfront and water dependent uses,such as marina,fish house/market,boat repair,boat building,boat storage, 0
or other similar uses,shall comprise a minimum of 35%of the upland area of the property,adjacent to the shoreline,pursuant to
LO
Policy 101.5.6.
(b) In the RV zoning district,commercial apartments shall be allowed,not to exceed 10%of total spaces allowed or inexistence on
the site,whichever is less.
as
(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).
X
(j) 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 cy
exceeding 18 du/buildable acre.
I
(1) Vessels,including live-aboard vessels,or associated wet slips are not considered dwelling units and do not count when
calculating density.
(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
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.);
BOCC SR 08.21.19 Page 12 of 30
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O.6.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 restrictive
requirement shall apply.
(d) Future land use categories of Agriculture/Aquaculture,Education,Institutional,Preservation,Public Buildings/LandHand M
Public Facilities,which have no directly corresponding zoning,may be used with new or existing zoning districts as apprcv(e) Within the Mainland Native future land use district,campground spaces and nonresidential buildings shall only be pe
educational,research or sanitary purposes.
U)
(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.
a
(g) A mixture of uses shall be maintained for parcels designated g U)
p 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,
or other similar uses,shall comprise a minimum of 35%of the upland area of the roe
Policy 101.5.6. p property,rh,adjacent to the shoreline,pursuant toLO
(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.
t!5
(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 r_
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).
x
0) Within IS subdivisions with primarily single family residential units,IS-D zoning maybe used with.a RM future land use �3 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
17
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.
I
(1) Vessels,including live-aboard vessels,or associated wet slips are not considered dwelling units and do not count when calculating density.
Ewithin�;the
in the Residential Low future land use category,the maximum net density for platted lots of less than 0.40 gross acres
SR zoning district shall be 1 dwelling unit per platted lot,provided all of the following conditionsare met;
ty 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,
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
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Packet Pg. 2561
0.6.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.
1
2 * 0
3 Goal111 U'
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_
6 percent (70%) of their household income from gainful employment in Monroe County) that is safe U)
7 code compliant, and resilient. Incentivize it through density bonuses that exceed the density
8 limitations in Policy 101.5.25 and Section 130-157 of the Land Development Code within approved
LO
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
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 i
24 1. Notwithstanding the density standards set forth in Policy 101 5 25 the Maximum Net Density 0 0i
25 the Stock Island Workforce Area 1 shall be 40 dwelling units per acre and shall not require
26 transferable development rights.
27 2. The Eighty (80) market rate dwelling units and their associated Eighty (80) allocated density
28 rights may be transferred anywhere in the Lower Keys upon application and approval of a minor E
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
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
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Packet Pg. 2562
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
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
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
14 installation. No comments have been received.
15
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.
19
LO
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
25
26 E
27
X
cv
0
W
a
E
BOCC SR 08.21.19 Page 14 of 30
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0.6.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 Pohcv 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 C)
10 West on February 20, 2019 as required by Comprehensive Plan Objective 108.1 and Policies Io8.1.1
11 and 108.1.3. Within 30 days from the date of receipt from Monroe County of proposed changes, the 2
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
14 installation.No comments have been received.
15
16 Traffic Study and Parking Analysis
17 The submitted Level 3 Traffic Study and Parking Analysis prepared by Trident Engineering dated U)
18 August 2018 is currently under review with the County's Traffic Engineer.
19
20 Proposed Text Amendment LanguageLO
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
25
26
27
x
�s
cv
�s
i
i
BOCC SR 08.21.19
File#2018-120 Page 14 of 30
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1 V. 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
44��-
5 amendments are as additions in red underline, deletions are red
6
7
8 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.]
Future Land Use Densities and Intensities
U)
M
u
F i inm
Minim
tial tu Nonresidential � 2
Residential Open 0
Future Land Use Category Space Ratio S
>%
and Corresponding Allocated Density* Maximum Net Maximum
U)
Zoning (per upland acre) Density Intensity
(per buildable acre) (floor area ratio)
LO
Residential High(RH) 6 du(UR) 12-25 du(UR)(k)
(IS-DO),URM,URM-Land Idu/Iot(URM,URM- N/A(IS-D,URK 0.20
LTR zoning) L) URM-L) 0
2 du/lot(IS-D) as
0-20 rooms/spaces E
0—10 rooms/spaces
X
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.
C14
ri
(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 0
developable and is not required open space. 0
W
(c) Additional open space requirements may apply based on environmental protection criteria;in these cases,the most restrictive
requirement shall apply.
E
(d) Future land use categories of Agriculture/Aquaculture,Education,Institutional,Preservation,Public Buildings/Lands,and
ca
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.
SR PC 07.31.19 Page 20 of 30
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0.6.c
I V. STAFF-RECOM.MENDED CHANGES 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 stl�. Staff proposed
5 amendments are as additions in red underline, deletions are red stFielien4hfough.
6
7 *>,z*
8 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. § c„
11 163.3177(6)(a)l.]
Future Land Use Densities and Intensifies as
ua
ao
Residential(l) Nonresidential Minimum
Future Land Use Category Open
and Corresponding Allocated Density(a) Maximum Net Space Ratio
Zoning Maximum (C) ua
(per upland acre) Density{0) Intensity
(per buildable acre) (floor area ratio)
era
ca
Residential High(RH) 6 du(UR) 12-25 du(UR)(x)Ln1
(IS-D O),URM,URM-L and ldu/lot(URM,URM- N/A(IS-D,URM,
UR zoning) L) URM-L) 0 0.20
2 du/lot(IS-D)
0 20 rooms/spaces
0-10 rooms/spaces
[Note,. d>
(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. y
cv
(b) The Maximum Net Density is the maximum density allowable with the use of TDRs,or for qualifying affordable housing UI
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 Ag
ri griculture/Aquaculture,Education,Institutional,Preservation,Public Buildings/Lands,and
Public Facilities,which have no directly corresponding zoning,maybe 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.
SR PC 07.31.19
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(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 as MI zoning district that are within the MC future land use
category.Working waterfront and water dependent uses,such as marina,fish house/market,boat repair,boat building,boat storage,
or other similar uses,shall comprise a minimum of 35%of the upland area of the property,adjacent to the shoreline,pursuant to
Policy 101.5.6.
(h) In the RV zoning district,commercial apartments shall be allowed,not to exceed 10%of total spaces allowed or in existence on
the site,whichever is less.
cv
(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
LL
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 U)
intensity shall not be counted cumulatively).
as
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.
U)
(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
LO
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.
(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:
X
n Density bouts increase above the max net density provided may be permitted for a property within a site specific
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;
cv
2) The platted lot may not be identified for any other use or purpose on the plat(e.g.,"park,""common area,"etc.); rd
I
3) The platted lot must have a Tier designation of Tier ITI; t3
1�
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.
1
2 *>x*
SR PC 07.31.19 Page 21 of 30
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goal III tu e growth enhance the quality of life and safeiy--Qf
affordable ho�usili'i
2 Monroe n hall manage future
u r row to e c
0 County
s m e
affordable
�j us
0 �
orit t 0 0-dab 0 n
3 residents and ri ize he rovisi of a I sin
iz
4
e
t is co compliant
t r sil t. To c tiv c the supply 0 a t incentivizg-the of�afford4tj��ag
5 :9 tha safe de lian and resilient
6 near vide for the development of site-specific land use
to a maxii-nurn of 40 affordable dw,ellin units per
7 mechanisms limited to density increases u
8 buildable acre. transfer of ROGO exemptions within the Lower Keys modification to height.
9 alternate off-street arkin to au irient the developmejit notential to address the
g uirements,
C14
10 inadequate availability of afford
11
12 U)tiaLHi
13 &toek-4s1aa4.--This Goal shall
14 Future Land Use Map (FLUM) category
15 subarea policy.
16
17 Objective 111.1
LO
ty T-
ig Monroe County shall create site specific subareas n Stock Island which provide densi I
19 increases Lip to a maximum of 40 affordable [welling—units per buildable acre_bonube-s, for
areas located in close pro?d��
20 devel
21 ern Such site specific subareas
may
off-street ff-street
22 facilitate
in the building height envelope
E
23 req ji <
24
-id shall x
site-specific area located on, Stock Island 25 Stock_LS-1d shall
26 restrictions and allowances�f e ite.�qrth
require a Polic definin the develo ixient re
27
28 1.1 Stock Ist t kWORS-0-PIRV110
C14
29
ri
i p-L��E i-A—ZA i S�tc t i C,I ml�i It-
It-
30 1
Workforce Subarea I shall t
31 Development of affordable housing in the Stock Island W(
:j�— Land Use D�Jesi nation except as provided 0
32 regulations�qlic�qble to�the Resident�iqlffi High } Future Land 0
W
33 below: a
34
the density standards forth i Poli
cy ocy 101.5.25,the Maximum�Net D�ensi of
E
35 1. NotwithsIgLding x
py
36 the Stock Island Workforce SubaArea I shall be 40 dwellin units er buildable acre for ropert
37 within S.
38 2. There shall be no allocated or maximum net density standard available for market rate dwelliig
39 units or—transient units.
SR PC 07.31.19 Page 22 of 30
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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 0611u �hqhql d--that
5 Qoli,304 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 der
8 buildable acre, transfer of ROGO exemptions within the Lower Keys modification to height, and
9 alternate off-street parking requirements to augment the development potential to address the
10 inadequate availability of affordable housing in the Lower Keys �o4z �o A rheant's 2
I exeeedmy c 2c :114, .�
12 Seetieff 130 157 of the Land Development Ge4t.��� oa � + ecifie ,,amas legated 0
13 Story island. This Goal 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 M
17 Obiective 111.1
LO
18 Monroe County shall create site-specific subareas located in Stock Island which provide density
19 increases up to a maximum of 40 affordable dwelling units per buildable acre bonuses for
20 developing w^ kfefec affordable housing in suitable areas located in close proximity to an
21 employment center(Key West)sp4gb4e Such site specific subareas may
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 building height envelope base4-en
25 stops biG.Mg mouths an� +'�' *' All site specific area located on Stock Island shall
26 require a Policy defining the development restrictions and allowances for the site
27 `z'
M
17
8 Policy 111.1.1 Stock Island Workforce SubaArea 1=To pr-ev ac I milp-
29 and Seer-ifi �
N a�4ala c RCJ[i'I-GTTV21s
30 i
31 Development of affordable housing in the Stock Island Workforce SubaAxea 1 shall be sub•ect to
32 regulations applicable to the Residential High(RH) Future Land Use Designation except as provided
33 below:
34
0
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 Dropertv
37 within the UR zoning districts and shall not require transferable developpent rights
38 2. There shall be no allocated or maximum net density standard available for market rate dwelling
39 units or transient units.
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1 3. The maxinmin 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 FLUM and U Zoning District
4
5
6 r
7 4. Builin s that are .,^'• • �levated to three (3) feet above base flood rnay be developed
8 with three 3 habitable floors
9 5. Parkiling requirements shall be 1 parking space Per one edroo it 1 5 Parkin s aces er two
10 bedroom rt and 2 p spaces per three be oo unit based o acce table data and C14_
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 U)
13 6. Nonresidential uses shall be prohibited. Accessory uses to e residential develop e t such as a M
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
16 FLUM and UR Zoning Di strict
17 7. All new residential unitLO
s develo ed
18 within the Stock Island Workforce Subarea 1 shall be subject to the ®GC3 errnit allocation
19 s stem~ ra
20 8. The protest procedures set forth within Sec 102-158(d)(8 are a plicable to applications
21 submitted under this Policy 111 1 1
22 9. A development a reement shall be required for any praoposed development of an affordable
23 housin Project within the Stock Island Workfor~ce area 1 to dune 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 1
0
26 occupants to derrvc at least seventy percent (70°l�) of their horrselrold income from airll
27 entlaloyment rn Monroe County_
28 11._The boundary for tl�e Stock Island Workforce Subarea 1 is legally described as Crovide full
29 legal dgscrrptron of the subarea}
ri
Ir-
30 - <insert map> U1
31
32 12. The affordable units shall e rental units only i
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 ,
39 STOCK ISLAND-KEY HAVEN
40 FOR GUIDINGFLORIDA STATUTES.
41
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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.
cv
11
12 Policy 101.3.3
13 Monroe County shall allocate at least 20% of the annual allocation, or as may be established by
14 the State of Florida, pursuant to Administration Commission Rules, to affordable housing units U)cu
15 as part of ROGO. Any portion of the allocations not used for affordable housing shall be retained 2
16 and be made available for affordable housing from ROGO year to ROGO year. Affordable
17 housing eligible for this separate allocation shall meet the criteria specified in Policy 601.1.4 and
be subject to the competitive Residential Permit U)
18 the Land Development Code, but shall not r_
19 Allocation and Point System in Policy 101.6.4. Any parcel proposed for affordable housing shall
Tier I as set forth under Goal 105 or within a Tier III-
20 not be located within an area designated as T LO
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
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.
E
27
X
28 Policy 101.5.4 Residential High (RH) future land use category is to provide for 1 0
29 The principal purpose of the Re U
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 Chico airfield of Naval
35 Air Station Key West (NASKW) pursuant to Sections 163.3175 and 163.3177, Florida Statutes,
n of the Objectives and Policies, incorporated herein.
36 shall be achieved through the implementation 0
37 Achieved is defined as being consistent with the Objectives and Policies, incorporated herein. 0
W
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 E
e County shall exchange information to encourage
41 Naval Air Station Key West and Monroe 0
42 effective communication and coordination concerning compatible land uses as defined herein.
43 (Ord. No. 012-2012, DEO 12-1ACSC-NOI-4401-(A)—(I), eff. 7-19-2012) <
44
45 Policy 108.1.1
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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 cv
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
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
19 Allocation and Point System in Policy 101.6.4. Any parcel proposed for affordable housing shall
20 not be located within an area designated as Tier I as set forth under Goal 105 or within a Tier IIILO
-
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
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 0
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 17
33 GOAL 108 ri
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. 1
37 Achieved is defined as being consistent with the Objectives and Policies, incorporated herein.
38 (Ord. No. 012-2012,DEO 12-IACSC-NOI-4401-(A)—(I), ef£ 7-19-2012)
39
40 Objective 108.1 E
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
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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
4 approved, would affect the intensity, density, or use of the land adjacent to or in close proximity
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- N
11 2012) 2
12 _
13 Policy 108.1.2
14 Monroe County shall coordinate with Naval Air Station Key West and the Department of
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 U)
18 located within the MIAI. The list of recommended sound attenuation options may be based on
19 the level of noise exposure, level of sound protection, and the type of residential construction or LO
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)
25
26 Policy 108.1.3
27 Within 30 days from the date of receipt from Monroe County of proposed changes, the Naval Air
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. a
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
32 studies, and reports shall not be binding on Monroe County. Monroe County shall take into v
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 t
35 restrictive on those rights. (Ord. No. 012-2012, DEO 12-lACSC-NOI-4401-(A)-4I), eff. 7-19-
36 2012) 1
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
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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 at least 20% of the annual ROGO allocation, or as may be
6 Monroe County shall allocate 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.
10cv
11 Policy 601.1.9 in land development regulations which may include density
12 Monroe County shall maintai
n
13 bonuses, impact fee waiver programs, and other possible regulations to encourage affordable
14 housing.
15 onsistent with the Stock Island Livable Communikeys Plan.
16 B. The proposed amendment is c
17 Specifically, it furthers: U)
18
19 Action Item 2.3.1
d FLUM categories as the regulatory tool used for LO
20 Continue to recognize land use districts an Ir-
21 evaluating individual proposals for compliance with land development standards such as type of
22 use and intensity of use.
23
24 Action Item 3.1.1
25 Provide a density bonus unique to Stock Island to encourage the development of low to very low
26 income rental housing. E
27 X
28 Strategy 3.3 of low to very low affordable housing options.
29 Maintain and improve the existing amount
30
31 Action Item 3.4.3
32 Increase density bonuses for low and very low income.
cv
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 reviewing 0
of revng consistency of the adopted plan or any amendments to that plan 0
37 For the purposes 1 W
38 with the principles for guiding development and any amendments to the principles,the principlesa
39 shall be construed as a whole and no specific provision shall be construed or applied in isolation
40 from the other provisions. E
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. coral reef formations,
44 (b) Protecting shoreline and benthic resources, including mangroves,
45 seagrass beds, wetlands, fish and wildlife, and their habitat.
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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
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 `o
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 0
14 housing. U)
15
16 B. The proposed amendment is consistent with the Stock Island Livable Communikeys Plan.
17 Specifically,it furthers:
18
19 Action Item 2.3.1
LO
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
25 Provide a density bonus unique to Stock Island to encourage the development of low to very low 0
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 0i
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.
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.
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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.
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.
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: U)
14
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;
18 4. Key West Naval Air Station and other military facilities;
19 5. Transportation facilities;
LO
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.
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
29 maintenance of onsite sewage treatment and disposal systems.
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. 17
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.
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.
38 (in)Providing adequate alternatives for the protection of public safety and welfare in the event of
39 a natural or manmade disaster and for a postdisaster reconstruction plan. E
40 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and 0
41 maintaining the Florida Keys as a unique Florida resource.
42
43 Pursuant to Section 380.0552(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
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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
5 and enhance present advantages; encourage the most appropriate use of land, water, and
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
f
8 their jurisdictions. Through the process o 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
11 general welfare; facilitate the adequate and efficient provision of transportation, water,
12 sewerage, schools, parks, recreational facilities, housing, and other requirements and LL
13 services; and conserve, develop, utilize, and protect natural resources within their 0
U)
14 jurisdictions.
15
16 163.3161(6), F.S. — it is the intent of this act that adopted comprehensive plans shall have the S
permitted
o public or private development shall be
17 legal status set out in this act and that n U)
18 except in conformity with comprehensive plans, or elements or portions thereof, prepared M
19 and adopted in conformity with this act.
LO
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,
p the
23 d fiscal development of the area that reflects community implement an commitments to i '
24 plan and its elements. These principles and strategies shall guide future decisions in a
comprehensive plans
grams and activities to ensure compr M
25 consistent manner and shall contain pro 0
26 are implemented. The sections of the comprehensive plan containing the principles and E
27 strategies, generally provided as goals, objectives, and policies, shall describe how the local
X
28 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
the intent of this part to require the inclusion of implementing regulations in the
30 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 C�
33 plan and the principles that describe how the programs, activities, and land development ri
Ir-
34 regulations will be carried out. The plan shall establish meaningful and predictable standards
provide meaningful guidelines for the content of
35 for the use and development of land and
36 more detailed land development and use regulations. 0
0
37 W
38 163.3201, F.S. —Relationship of comprehensive plan to exercise of land development regulatory a
of this act that adopted c ;j
comprehensive plans or elements thereof
M
39 authority.—It is the intent and enforcement of appropriate local 0
40 shall be implemented, in part, by the adoption E
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
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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
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
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 CD
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
14 jurisdictions. U)
15
16 163.3161(6), F.S. — It is the intent of this act that adopted comprehensive plans shall have the
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
19 and adopted in conformity with this act.
20 LO
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
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
28 government's programs, activities, and land development regulations will be initiated, 1
0
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. 1
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
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
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
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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 &
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
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
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,
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 theLO
20 amendment.
21
22
23
24 V . STAFF RECOMMENDATION
25
26 Staff is recommending approval of the proposed amendment, with the following recommended
27 changes:
28
�s
29 1. Amend language in note (n)of Policy 101.5.25 to replace "bonus"with "increased" density; _
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; t
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
36 the establishment of a Policy to utilize Goal 111;
37 5. Remove the term workforce and replace with affordable housing throughout the goal,
38 objective and policy;
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
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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
8 off-street parking decreases;
sidential units are subject to the ROGO permit
9 g. Include a statement that new re
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 gainful employment in Monroe County; and
14 j. Add a legal description and map showing the subarea boundaries.
U)
15
16 VIII. EXHIBITS
17 LO
18 1. Transmittal Resolution
19 2. Draft Ordinance
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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
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
8 off-street parking decreases;
9 g. Include a statement that new residential units are subject to the ROGO permit
10 allocation system;
I 1 h. Set parameters to establish an income category distribution schedule for the site; a,
12 i. Relocate language to add a criteria within this policy for occupants to derive at least
13 70% of their household income from gainful employment in Monroe County; and
14 j. Add a legal description and map showing the subarea boundaries.
15
U)
16 a
17
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18 1. Transmittal Resolution
19 2. Draft Ordinance
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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
10 gainful employment in Monroe County.
11 11. The boundary for the Stock Island Workforce Subarea I is legally <described as: rovide U)
12 full legal description of the subarea>
13
14 <insert map>
15
16 12. The affordable units shall be rental units only.
17
LO
18 ** *
19
ca
20 Section 2. Severahility. If any section, subsection, sentence, clause, item, change, or
21
provision of this ordinance is held invalid,the remainder of this ordinance shall not
22 be affected by such validity.
23
24 Section 3. Reaeal 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. Filing and Effective Date This ordinance shall be filed in the Office of the i
31 Secretary of the State of Florida but shall not become effective until a notice is W
32 issued by the State Land Planning Agency or Administration Commission finding 1
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
37 in the Monroe County Comprehensive Plan. The numbering of the foregoing
38 amendment maybe renumbered to conform to the numbering in the Monroe County
39 Comprehensive Plan.
40
41
42
Ord -2020
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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
Mayor Pro Tem Danny L. Kolhage,District 1
5
5 Commissioner Michelle Coldiron,District 2
7 Commissioner Heather Carruthers,District 3
Commissioner David Rice,District 4
8
9
BOARD OF COUNTY COMMISSIONERS
10 OF MONROE COUNTY,FLORIDA rd
11
12 BY
13 Mayor Sylvia Murphy
14
15 (SEAL)
16
17 ATTEST: KEVIN MADOK, CLERK
18
19 LO
20 DEPUTY CLERK
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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.�,CQ TTY,FLORIDA
12
13 BY
14 Mayor Sylvia Murphy U)
15 (SEAL) 2
16
17 ATTEST: KEVIN MADOK, CLERK
19
20 DEPUTY CLERK LO4 x
le
Cd
Cd
y �
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2
3
4
5
6 MONROE COUNTY, FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9 ORDINANCE NO. -2020
10 2
1.1
12 AN ORDINANCE C:E THE MONROE COUNTY CEEB �
13 I;NTY COMMISSIONERS AMENDING MONROE COUNTY
NT
14 LAND DEVELOPMENT CODE SECTION 30-157, MAXIMUM
15 PERMANENT RESIDENTIAL DENSITY SIT II REQUIRED GIPPED
16 SPACE, TO PROVIDE A DENSITY BONUS ABOVE THE
1.7 MAXIMUM NET DENSITY FOR PROPERTY SUBJECT TO
18 SITE-SPECIFIC SUBAREA POLICY ESTABLISHED UNDER
�.
LO
19 PROPOSED GOAL III OF THE COMPREHENSIVE PLAN, ASIr-
20 PROPOSED BY SMITH/HAWKS,P'L ON BEHALF OF WRECKERS
21 C;.AY APARTMENTS AT STOCK ISLAND, LLC; PROVIDING FOR �
2 SE: ILIT Y; PROVIDING FOR REPEAL OF CONFLICTING
23 PROVISIONS; OVI I G FOR TRANSMITTAL TO THE STATE
24 LAND PLAN I G AGLI° CY AND THE SECRETARY ETA R OF STATE; �
25 PROVIDING FOR INCLUSION IN THE l I NIA E COUNTY
26 CODE; P F PROVIDING G O AN LF'FLCsTIV A�.TE. (File # 01 -a ) X
27
28
29
30
31 WHEREAS, on April 3, 2019, the Planning and Environmental Resources Department
32 received an application from Barton W. Smith of Smith Hawks PL on behalf of Wreckers C°ay 0
33 Apartments at Stock Island, L;LC (the "Applicant,") to amend the Monroe County Land M1
34 Development Code Section 130-1.57 to allow for a density increase above the rnaximurn net
35 density for a property subject to a site specific subarea policy established under proposed Goal 11
36 of the Monroe County Comprehensive Plan, and
37
38 WHEREAS, on .April 30, 2019 a community meeting was held, as required by LDC'
39 Section 102-159(b,)(3), to discuss the proposed Comprehensive Plan and Land Development Code
40 text amendments, and to provide for public participation; and
41.
42 WHEREAS,the Monroe County Development Review Committee (DRC) considered and.
43 reviewed the proposed amendment at a regularly scheduled rneeting held on the 25"' day of:rune,.
44 2019; and.
45
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I WHEREAS, the Monroe County Planning Commission held a public hearing on July 31,
2 2019, for review and consideration of the proposed amendment and recommended approval
3 through Planning Commission Resolution P31-19; and
4
5 WHEREAS, staff is recommending approval of the proposed amendments to the Monroe
6 County Land Development Code, Section 130-157 to allow for a density increase above the
7 maximum net density for a property subject to a site specific subarea policy established under
8 proposed Goal I I of the Monroe County Comprehensive Plan; and
9
10 WHEREAS,, at a regularly scheduled meeting held on the 22"" day of January, 2020, the
I I Monroe County Board of County Commissioners held a public hearing,considered the staff report,
12 and provided for public comment and public participation in accordance with the requirements of
U)
113 state law and the procedures adopted for public participation in the planning process;
14
,15 WHEREAS, based upon the documentation submitted and information provided in the
16 accompanying staff report, the BOCC makes the following Conclusions of Law:
17
18 1. The proposed amendment is consistent with, the Goals, Objectives and Policies of the
LO
19 Monroe County Year 2030 Comprehensive Plan-, and
20 2, The proposed amendment is consistent with the Principles for Guiding Development
21 for the Florida Keys Area of Critical State Concern, Sec. 380'.0552(7), F.S.; and
22 3, The proposed amendment is consistent with Part 11 of Chapter 163,,Florida Statute; and
23 4, The proposed amendment is necessary due to consistency with the Comprehensive Plan
24 and the principles for guiding development, as required by Section 102-158 of the E
25 Monroe County Code.
X
26 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
27 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
28 zz,
29 Section 1. The Monroe County Land Development Code is hereby amended as follows:
30
Pio I Amendment (deletions are Fk-kE!fl thf-u-gh; additions are shown in underlined)
31 0
32 Chapter 138 — LAND USE DISTRICTS
33 ARTICLE V—LAND USE INTENSITIES
34
35
36 Sec. 130-157. - Maximum Permanent Residential Density and Minimum Required Open E
37 Space.
38 The maximurn permanent residential density for those uses permitted by this chapter and
39 minimum required open space shall be in accordance with the following table:
40
......... ...........
Maximum Permanent Residential Density and Minimum Open Space
.............................................. .....
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Minimum
Allocated Density Maximum Net Density I
Land Use District DU/Gross Acre of r�rcr,'rr�ti ®pen.
Upland I DU/Buildable Acre Space
Ratio �
TDPs: 12,d j
Urban Residential (U ) 6.0 0.20 �
.Affordable: 25.0
...... .
(a) The allocated densities for submerged lands, salt ponds, freshwater ponds, and mangroves
shall be 0 and the rnaximurn net density bonuses shall not be available. .�
(b) Vessels, including live-aboard vessels or associated wet slips;, are not considered dwelling U)
units and do not count when calculating density.
(c) Maximum Net Density is the maximurn density allowable with the use of the TDRs, or for
qualifying affordable housing development. TDRs can be utilized to attain the density between the
allocated density standard up to the maximum netdensity ,standard. Deed restricted affordable 4)
dwelling units may be built up to the maximum net density without the use ofTDRs. "N/A" means �
that maximum net density bonuses shall not be available. Buildable acres means the portion of aLO
parcel of land that is developable and is not required open ;space.
(d) Additional open space requirements may apply based on environmental protection criteria- id
see additional open space ratios in Chapter 118. In accordance with section 101-2(1),the most
restrictive of these ratios applies.
(e,) For properties consisting of harnmocks, pinelands or disturbed wetlands within the Mixed Use/ �
Commercial and Mixed Use/Commercial Fishing future land use categories, the maximurn net
density bonuses shall not be available.
(1) Per Policy 101.5.25, the allocated density for the CFSD-20 land use district (Little Torch Key) g,
shall be l dwelling unit per acre, or 1 dwelling unit per parcel for those parcels existing as of
September 15, 1986, whichever is less, and the maximurn 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).
(g) The rninimurn open space ratio for the l\-'lN zoning district is 0.99 for permanent residential
uses;. For campground and nonresidential uses within the I'dN zoning district, the minimum open �
space ratio is O1.9+, as shown in the density and intensity tables in Sections 1:30-162 and 131I-164.
(h) 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 "r
marina, fish house/market, boat repair, boat building, boat storage, or other similar uses, shall
comprise a wnimnrurn of 3 % of the upland area of the property, adjacent to the :shoreline, pursuant
to Policy 101.5.6 of the Comprehensive Plan.
(i) Per Section 1311-92(a)(4), in the RV zoning district, coanrnercial apartments shall be the only
permanent residential use allowed, not to exceed 10% of total RV spaces allowed or in existence 1
on the site, whichever is less.
(l) Within the SR zoning district, the rn,aximurn net density for platted lots of less than 0.40 gross
acres shall be 1 dwelling unit per platted lot, provided all of the following conditions are met:
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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 flat(e.g., '°park,"
"common area," etc');
3) The platted lot must have a Tier designation of Tier Ill;
4) Notwithstanding Section 1.30-160�, the maximurn net density may only be reached with the
transfer-of one(1) full TI)R 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 procedure; specified in Section 130-160;
6) TDRs under this provision may not be transferred into noise zones of 65 Tel^L or greater; and
7) The subJect parcel must comply with folic 301.`a,5 o f the Comprehensive Plan regarding legal �
.l �p" p y y • �- p � � � ar
access.
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1 aensi increase above the max net.density t roy{ed may be permitted for a a-od etty within a
site sneciff e oolicy subarea under Goal 111 of the ComPrehensiye Plan.
.�:x;k::;::�;
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4 Section 2. SeytEgbilit . if any section, paragraph, subdivision, clause, sentence or
provision of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid,
6 such judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but
7 the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or
provision immediately involved in the controversy in which such Judgment or decree shall be
rendered.
10 0
11 Section 3. CoUfficting Provisions. All ordinances or parts of ordinances in conflict with U
12 this ordinance are hereby repealed to the extent of said conflict. _
13 a
14 Section 4. Transmittal. This ordinance shall be transmitted to the Florida Stage Land
1.5 Planning agency as required.by F.S. 350.05 (11.) and F.S. 380A552(9).
16 0
17 Section 5. Filigg. This ordinance shall be filed in the Office of the Secretary of the State �
18 of Florida but shall not becoane effective pursuant to Section 9 until a final order is issued according
19 to F.S. 350.05(6) by the Florida State band. Planning Agency or Administration Commission
20 approving the ordinance, and if the final order is challenged, until the challenge to the order is
21 resolved pursuant to F.S. Chapter 120.
22
23 Section 6. Inclusion in the Monroe County Code.The provisions of this Ordinance shall �
24 be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an
25 addition to amendment thereto, and shall be appropriately renumbered to conform to the unifor n
26 marking system of the Code.
27
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I Section 7. Effective Date. This ordinance shall become effective contingent on
2 effectiveness of the corresponding amendments to the Monroe County Year 2030 Comprehensive
3 Plan and as provided by law and stated above,
4
5 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
6 Florida, at a regular meeting held on the day of
7
8 Mayor Heather Carruthers
9 Ma or.Pro .Tem, Michelle Coldiron
y N
10 Commissioner Craig Cates 0
1.1. Commissioner Sylvia Murphy
12 Commissioner David Rice
U)
13
14
15 BOARD OF COUNTY COMMISSIONERS
16 OF MONROE COUNTY, FLORIDA
17
18 BY
LO
19 MAYOR HEATHER CARRUTHERS
20 (SEAL)
21
22 ATTEST: KEVIN MADOK, CLERK
23
24 NCwRos COUNTY ATTORMY E
25 DEPL`TY CLERK A"A
STE-VE14 T. 1411111—A—Ay—
ASSWANT G UNiTY ATTOOtHriv
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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
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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
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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
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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