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Item S01
S.1 Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS �� Mayor David Rice,District 4 The Florida Keys � Mayor Pro Tem Craig Cates,District I y Michelle Coldiron,District 2 James K.Scholl,District 3 Ij Holly Merrill Raschein,District 5 County Commission Meeting November 15, 2022 Agenda Item Number: S.1 Agenda Item Summary #11307 BULK ITEM: No DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Cheryl Cioffari (305) 289-2506 1:30 pm AGENDA ITEM WORDING: A Public Hearing to Consider Adoption of an Ordinance Approving a Small-Scale Comprehensive Plan Amendment, Pursuant to Florida Statutes Section 163.3187, Approving an Amendment to Comprehensive Plan Policy 107.1.7 Coco Palms Affordable Housing Subarea to Increase the Maximum Net Density and to Modify the Permitted As-of-Right Uses and Conditional Uses for Property Located at 21585 Old State Road 4A, Cudjoe Key, as Proposed by Smith Hawks, PL, on Behalf of Mobile Homes Holdings Coco, LLC; and to Accompany a Proposed Amendment to the Future Land Use Map (FLUM) from Mixed Use / Commercial (MC)to Residential High (RH). ITEM BACKGROUND: On May 11, 2022, the Monroe County Planning and Environmental Resources Department ("Department") received an application from Smith Hawks, PL, on behalf of Mobile Homes Holdings Coco, LLC ("Applicant") to amend the Monroe County Year 2030 Comprehensive Plan ("Comp. Plan" or "CP") to amend Comp. Plan Policy 107.1.7 "Coco Palms Affordable Housing Subarea" to accompany a proposed Future Land Use Map ("FLUM") amendment from Mixed Use/Commercial ("MC") to Residential High ("RH") and a proposed Land Use ("LUD") District Map amendment from Suburban Commercial ("SC") to Urban Residential ("UR") for a portion of property located at 21585 Old State Road 4A on Cudjoe Key ("subject property" or the"property"). The proposed subarea policy would increase the maximum net density of the property from eighteen (18) dwelling units per buildable acre to twenty-five (25) dwelling units per buildable acre. The limitation that the only permitted use on the property would be affordable housing and accessory uses remains. The proposed subarea policy amendment and associated FLUM amendment would be processed as "small-scale comprehensive plan amendments" pursuant to Florida Statutes § 163.3187, Florida Statutes, based on the size of the site and the limitation of development to affordable housing. The Applicant has also requested a corresponding Land Use District ("LUD") map amendment for the property from Suburban Commercial ("SC")to Urban Residential ("UIU), both of which are also scheduled for public hearing before the BOCC at the November 15, 2022 regular meeting. Packet Pg.4197 S.1 In the application materials, the Applicant states that the reason for the proposed amendments is "to allow the maximum net density for affordable housing dwelling units pursuant to the RH FLUM designation and the Urban Residential ("UR") zoning district. The boundary of the subarea policy was previously identified and will not change based on the amendments contemplated herein." The Applicant cites the following documents/data: 1. Affordable Workforce Housing Study for Non-Residential Development, dated June, 2017; 2. American Community Survey ("ACS") conducted by U.S. Census Bureau; 3. Florida Housing data compiled by the University of Florida; and 4. Monroe County Affordable Housing Report dated November 2007. This data indicates that the Census Bureau through the ACS in 2020 estimated that 56% of renter- occupied housing units and 32.5% of owner-occupied housing units are paying 30% or more of their household income for housing. The Applicant also states that Monroe County ranks as the county with the most cost burdened households (along with Miami-Dade County). The Applicant's full explanation and justification of the proposed amendments is included in the file for the application (Department File No. 2022-084). The Department's professional staff have reviewed the Applicant's position and supporting documentation and agrees with its position that inadequate availability of affordable housing is currently a primary issue facing permanent residents of unincorporated Monroe County. In 2015, the Monroe County Board of County Commissioners ("BOCC", "Board", "Monroe County", or the "County") acknowledged the county's workforce housing issues and adopted Resolution No. 189- 2015, assigning additional duties to the Monroe County Affordable Housing Advisory Committee ("AHAC") and directing the AHAC to make recommendations for steps the County may take to address the need for more workforce housing options. The AHAC's recommendations were to the BOCC at the Board's regular meeting on August 17, 2016. The BOCC held a special meeting on December 6, 2016, to discuss those recommendations, and provided direction to the Department's professional staff to move forward on several measures to encourage and incentivize the provision of affordable and workforce housing within the county. Affordable housing continues to be a pressing issue for the County. In accordance with LDC Section 102-158(a), a concept meeting was held on June 30, 2022 to discuss proposed Comprehensive Plan text amendment. It was determined that the proposed text amendment will not have a county-wide impact because it is a proposed site specific sub-area policy that would affect the one (1)parcel identified in the application. In accordance with Monroe County Land Development Code ("LDC" or "Code") Section 102- 159(b)(3), a community meeting is not required for Land Development Code text amendments that do not have a county-wide impact. However, a community meeting is required for the accompanying Land Use District ("LUD") and Future Land Use Map ("FLUM") Amendment Requests (Department File Nos. 2022-085 and 2022-086), which have been applied for/requested to apply the Packet Pg.4198 S.1 proposed land use district ("LUD") and FLUM category to the subject property. The community meeting was held on September 1, 2022. Concerns from the community meeting included (but were not limited to): ■ Not supportive of high density development; and ■ Increased traffic and the associated negative impacts. The proposed text amendment and associated map amendments were reviewed by the Monroe County Development Review Committee ("DRC") at a public meeting on August 23, 2022 and was recommended for approval through DRC Resolution No. 10-22. The Monroe County Planning Commission ("Planning Commission") considered the proposed text amendment at a public hearing on October 26, 2022. At its October 26, 2022, public meeting, following review of the proposal and input from the public, the Planning Commission voted to recommend approval of the proposed text amendment, with all proposed professional staff edits. The Applicant's proposed text, as submitted on June 9, 2022, is shown as follows: additions are in deletions are in Staff edits are show as follows: additions are in p c(I mi(Icflutic and deletions are in f:eEfl stf4ke fliF iiL Note — the applicant has expressed agreement with all of the Department professional staff s proposed edits. OBJECTIVE 1071: ESTABLISH SUB-AREA POLICIES. Monroe County shall coordinate land use with the elements of the Comprehensive Plan through Future Land Use Element subarea policies solely applicable to a specific geographic area. These subarea policies identify parcels of land that require narrowly-tailored regulation in order to confine development potential to an area or extent less than the maximum development potential allowed by its underlying Future Land Use Map category. The development parameters established for each subarea shall be based either on an inventory of uses and facilities established on the parcel or by data and analysis supporting the specific subarea limitations. Environmentally sensitive areas shall be preserved through the application of such methods as conservation easements that require mandatory eradication of exotic invasive vegetation. (Ord. No. 023-2011) Policy 107.1.7: Coco Palms Affordable Housing Subarea The purpose of Coco Palms Affordable Housing Subarea is to implement applicable goals, objectives, and policies of the Comprehensive Plan to promote and facilitate development of affordable housing to meet the needs of Monroe County. 1. Boundary. The Coco Palms Affordable Housing Subarea shall include the upland portion of the property having Real Estate Number 00174960-000000, which consists of approximately 2.30 acres of upland, and is legally described as follows (upland portion): LEGAL DESCRIPTION (Upland): Packet Pg.4199 S.1 A portion of Lot 30 Sacarma a subdivision of Government Lots 3 and 4 in Section 29, Township 66 South, Range 28 East, Cudjoe Key, Monroe County, Florida, recorded in Plat Book 2, Page 48 of the Public Records of Monroe County, Florida, and being more particularly described as follows: BEGIN at the Southwest corner of said Lot 30; thence N 00°28'49" W along the Westerly Line of said Lot 30 for a distance of 431.51 feet; thence N 49°54'16" E a distance of 6.89 feet; thence N 62°43'59" E a distance of 17.84 feet: thence N 74°45'27" E for a distance of 25.07 feet; thence N 52°36'11" E for a distance of 6.04 feet; thence N 18°29'29" E for a distance of 10.62 feet; thence N 13°02'59" E for a distance of 26.10 feet; thence N 51°09'27" E for a distance of 8.57 feet'; thence N 76°25'20" E for a distance of 49.23 feet; thence N 83°33'07" E for a distance of 20.97 feet; thence N 71°51'34" E for a distance of 29.93 feet; thence S 75°26'35" E for a distance of 8.32 feet; thence S 36°22'15" E for a distance of 16.80 feet; thence S 12°41'11" E for a distance of 31.84 feet; thence S 13°57'59" E for a distance of 38.49 feet; thence S 26°21'12" E for a distance of 5.72 feet to the Easterly Line of said Lot 30; thence S 00°28'49" E along the said Easterly Line of said Lot 30 for a distance of 464.64 feet to the Southeast corner of said Lot 30; thence N 79°07'38" W along the South Line of said Lot 30 (also being the Northerly Right-of-Way Line of Old State Road 4A) for a distance of 91.48 feet to a point of curvature of a curve concave to the South; thence in a Westerly direction along the curve, having a radius of 2025.86 feet; a Central angle of 03°09'58", a chord bearing of N 80°42'37" W and a chord length of 111.93 feet, for an arc distance of 111.95 feet to the Point of Beginning. Containing 100,371 sq. ft. or 2.3 Acres, more or less. 0017496•-000 00 -- :. .. .. . .. ... ...... ... it Cudjoe Key Mile Marker 22 2. Land Use Designations. The Coco Palms Affordable Housing Subarea shall be subject to all regulations applicable to the Future Land Use Map designation and the u# t a+i +"( I7�° 1 ww Reside riti a 1 „f Jl ) MLand Use District (Zoning) category, as well as the additional restrictions set forth in this Policy. Where conflicts may arise, the specific restriction in this Sub Area Policy shall supersede the general criteria applicable to the underlying Future Land Use designation and Land Use District (Zoning) Category. In no case shall the subarea policy allow development potential greater than the underlying FLUM category or Land Use (Zoning) District. Packet Pg.4200 S.1 3. Density Provisions. a. For consistency with Policy 101.5.26, in order to implement the Florida Keys Carrying Capacity Study and maintain the overall County allocated density and the preservation of native habitat, the allocated density for the Coco Palms Affordable Housing Subarea shall be zero (0). b. There shall be no maximum net density standard available for market-rate dwelling units or transient units. C. The maximum floor area ratio (F.A.R.) for all nonresidential uses within the subarea shall be zero. d. In accordance with Policy 101.5.25, the following density and intensity standards shall be applicable to the Coco Palms Affordable Housing Subarea. Estimated Maximum Development Potential Land Use Allocated Maximum Gross Open Buildable Development Density Net Density Upland Space Area Potential Area of Site Ratio Market Rate 0 du/acre N/A N/A N/A N/A Odu/acre Dwelling Units Affordable 0 du/acre 8 2.30 acres* 0.20 1.84 ('Ili?' Dwelling Units 4tb Be@"e r(ci Frci�lr(,�Fr1c° c k;: Transient Units 0 du/acre 0 du/acre N/A N/A N/A 0 du/acre Nonresidential 0.0 FAR N/A N/A N/A N/A 0 sf Uses *44T�sf 101,958 sf (2.3 acres) per survey by Fr-edeFiek 14. 14'1ueb +, 1S' n-� Va Yrrrg hie., an+e' ..�./' . Eric Isaacs, Florida Keys Land Surveying, dated 09/20/2022. 4. Only the land uses listed below shall be permitted within the Coco Palms Affordable Housing Subarea. a. Permitted as of right. i I)cccl rest ictecl ium6ccl or detached affordable dwelling units Cflcc� II Itc(I as employee housing as provided for in LDC Section 139-1; ii. Accessory Uses; iii. Replacement of deed-restricted affordable dwelling units (mobile homes) which are as of the effective date of this Policy subject to Chapter 723, Florida Statutes, in the event of substantial damage or destruction, for so Packet Pg.4201 long as such deed-restricted affordable dwelling units (mobile homes) are subject to Ch. 723, Florida Statutes; and iv. Non-conforming mobile homes existing as of the date of this policy may remain so long as they are not substantially damaged or destroyed. All current occupants may remain under their current leases. Upon expiration of any mobile home lease, in order to obtain a new lease, the tenant(s) must meet the qualifications for affordable employee housing. b. Permitted as a minor conditional use subject to the standards and procedures set forth in the Monroe County Land Development Code Chapter 110, Article 111. i. Attached or &m6e(� dwellings igvo�yu'!Ig s�� !Q k$, imits,, designated as employee housing as provided for in LDC Section 139-1. c fleraiittecl cis cl aicuor concfitioml� I�se SILcc:! !Q lbc smnclircls in(] set I'orffi in Monroe Comity Lincl 10, ArticVe III- Atm6ecl or clem6ecl invoMng �iis2L� ±(RI 8 lnlits, cles�g!!,Itecl s C� 11,12m� US2!��it g , s pLs2y iclecl Ior in LI)C Section 39 d. Permitted and Conditional use limitations. i. All residential units constructed within the subarea shall be deed- restricted affordable in accordance with Policy 601.1.4; ii. No market-rate housing shall be allocated, assigned, transferred to the Coco Palms Affordable Housing Subarea, or otherwise developed within the Coco Palms Affordable Housing Subarea; iii. Properties within the Coco Palms Affordable Housing Subarea shall not be eligible sender sites for affordable housing ROGO exemptions or TREs; iv. No other residential or nonresidential uses shall be permitted within the subarea; and v. All new residential units developed within the subarea shall be subject to the ROGO permit allocation system and after development of the s.i*+.e.e* I hIJ, rJ1,IeIeIr!..(I,' new units the resulting 44ft, units shall consist of a maximum of moderate income, gj[KIKfl.fl 11) median income and low-income affordable allocations. Once the !!jE!KKq new employee housing units are developed, the affordable housing income restrictions may be reconfigured within the property so as to ensure occupant(s) can meet the income requirements for the unit occupied. The Applicant's proposed amendment has two major prongs. First, there is a proposal to increase the maximum net density to twenty-five (25) dwelling units per buildable acre which is consistent with the proposed Residential High ("RH") FLUM designation and proposed Urban Residential ("UW') land use district("LUD"). Second, the proposed language amends the permitted as-of-right and conditional uses. Packet Pg.4202 S.1 Increase to Density As has been previously noted, the maximum net density was increased on the property in 2019 through the Board's approval of BOCC Ordinance No. 001-2019 to a maximum development potential of thirty-three (33) deed restricted affordable dwelling units designated as employee housing. At the time the BOCC considered the proposed amendments, there were three-hundred and thirty-seven (337) affordable ROGO allocations available. In contrast, as of the Board's regular public meeting held on July 20, 2022, the BOCC has thirty (30) affordable ROGO allocations available. In response to the Department professional staff s query of the Applicant's plan/proj ect to obtain the additional ROGO allocations in response to the increased density, the Applicant issued the following statement to Monroe County: "...In addition to the requested amendments, the project requires a minor conditional use approval prior to development. The applicant intends to apply to the County for any additional affordable housing ROGO allocations required post approval of the required development orders. Should the County's reserve have insufficient affordable housing ROGO allocations at the time the Applicant applies, the Applicant shall pursue alternative avenues to provide the required additional ROGO allocations for the project." Changes to As-of-Right and Conditional Uses The Applicant proposes language that would allow the following: 1. Detached affordable dwellings (up to 46 attached dwelling units) designated as employee housing as specified in Section 139-1 permitted as-of-right use; and 2. Attached affordable dwellings (up to 46 attached dwelling units) designated as employee housing as specified in Section 139-1 permitted as a minor conditional use. Both of these changes would be consistent with the permitted as-of-right and minor conditional uses as established in the proposed UR zoning district. However, when the BOCC considered the proposed increase in 2018 specific to the property, a discussion occurred that related to maintaining a required conditional use process to address site plan review and how units are permitted on the property. Therefore, the Department's professional staff are not recommending changes to the as-of- right and conditional uses. Rather, the Department professional staff would recommend the existing language be maintained. Compliance with Florida Statutes Ch. 723 The Department's professional staff find that the maintenance of language allowing that the replacement of deed restricted affordable dwelling units (mobile homes)which are subject to Chapter 723, Florida Statutes, may be permitted, for so long as such deed restricted affordable dwelling units (mobile homes) are subject to Ch. 723, Florida Statutes,provides sufficient protection for the mobile home owners and complies with Florida Statues. ------------------ Assuming the BOCC approves the proposed Comprehensive Plan amendment, the executed ordinances will be filed with the Secretary of State. Pursuant to Florida Statutes § 163.3187, a small scale Comprehensive Plan amendment may not become effective until 31 days after adoption and pursuant to Florida Statutes §§ 120.569 and 120.57 any affected person may file a petition with the Packet Pg.4203 S.1 Florida Division of Administrative Hearings ("DOAH") to request a hearing to challenge the compliance of a small scale development amendment with this act within 30 days following the local government's adoption of the amendment. PREVIOUS RELEVANT BOCC ACTION: On February 20, 2019, the BOCC adopted Ordinance No. 001-2019 which established Comprehensive Plan Policy 101.7.7 "Coco Palms Affordable Housing Subarea". This Comp. Plan Policy established a maximum net density of 18 dwelling units per buildable acre for a maximum development potential of 33 deed restricted affordable dwelling units designated as employee housing. On February 20, 2019, the BOCC adopted Ordinance No. 002-2019 which amended the Future Land Use Map ("FLUM") designation for a portion of the property from Residential High ("RH")to Mixed Use/Commercial ("MC"). On February 20, 2019, the BOCC adopted Ordinance No. 003-2019 which amended the Land Use District ("LUD") designation for a portion of the property from Urban Residential Mobile Home ("URM") and Native Area("NA")to Suburban Commercial ("SC"). CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: The Department's professional staff recommend approval of the proposed amendment to Comprehensive Plan Policy 107.1.7 with the professional staffs recommended changes. DOCUMENTATION: 46758 Ordinance 2022-084 BOCC SR 11.15.22 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 Packet Pg.4204 S.1 Revenue Producing: N/A If yes, amount: N/A Grant: N/A County Match: N/A Insurance Required: N/A Additional Details: N/A REVIEWED BY: Cheryl Cioffari Completed 10/26/2022 4:50 PM Emily Schemper Completed 10/28/2022 1:01 PM Peter Morris Completed 10/29/2022 4:34 AM Purchasing Completed 10/29/2022 6:33 PM Budget and Finance Completed 10/30/2022 11:34 AM Brian Bradley Completed 10/31/2022 10:23 AM Lindsey Ballard Completed 10/31/2022 2:55 PM Board of County Commissioners Pending 11/15/2022 9:00 AM Packet Pg.4205 S.1.a �f11) W 2 NF : .✓ byy� 4 5 MONROE COUNTY, FLORIDA 6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 7 ORDINANCE NO. -2022 8 9 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY 10 COMMISSIONERS APPROVING A SMALL SCALE COMPREHENSIVE 11 PLAN AMENDMENT TO THE 2030 MONROE COUNTY 12 COMPREHENSIVE PLAN, PURSUANT TO FLORIDA STATUTES 13 SECTION 163.31871 APPROVING AN AMENDMENT TO 14 COMPREHENSIVE PLAN POLICY 107.1.7 COCO PALMS 15 AFFORDABLE HOUSING SUBAREA TO INCREASE THE MAXIMUM CL 16 NET DENSITY AND TO MODIFY THE PERMITTED AS-OF-RIGHT 0 17 USES AND CONDITIONAL USES FOR PROPERTY LOCATED AT 21585 U> 18 OLD STATE ROAD 4A, CUDJOE KEY, CURRENTLY HAVING .2 19 PROPERTY IDENTIFICATION NUMBER 00174960-000000, AS 20 PROPOSED BY MOBILE HOMES HOLDINGS COCO, LLC; AND TO a 21 ACCOMPANY A PROPOSED AMENDMENT TO THE FUTURE LAND 22 USE MAP (FLUM) FROM MIXED USE / COMMERCIAL (MC) TO 23 RESIDENTIAL HIGH (RH); PROVIDING FOR SEVERABILITY; U 24 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; is 25 PROVIDING FOR INCLUSION IN THE 2030 MONROE COUNTY 26 COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. 27 28 29 WHEREAS, on May 11, 2022, the Monroe County Planning and Environmental E 30 Resources Department("Department") received an application from Bart Smith of Smith Hawks X 31 PL on behalf of Mobile Homes Holdings Coco, LLC ("the Applicant") to amend the Monroe 32 County Future Land Use Map ("FLUM") from Mixed Use / Commercial ("MC") to Residential 0 33 High("RH")for aportion of property located at 21585 Old State Road 4A on Cudjoe Key("subject 34 ert ro " or the "property"); and P P Y � 35 36 WHEREAS,the Applicant has also requested a corresponding Land Use District("LUD") 37 map amendment for the subject property from Suburban Commercial ("SC")to Urban Residential 00 38 ("UR"), and a text amendment to the Monroe County Comprehensive Plan ("Comp. Plan" or 39 "CP") to amend Comp. Plan Policy 107.1.7 Coco Palms Affordable Housing Subarea to increase 40 the maximum net density and to modify the permitted as-of-right uses and conditional uses, 41 maintaining the limitation that the only permitted use on the property remains affordable housing E 42 and accessory uses; and 43 44 WHEREAS, on September 1, 2022, the Applicant held a community meeting, as required 45 by Monroe County Land Development Code ("LDC" or "Code") Sections 102-158(a) and 102- 46 159(b), to discuss the proposed Comp. Plan text amendment, and corresponding proposed Future Packet Pg.4206 S.1.a I Land Use Map ("FLUM") and Land Use District ("LUD") Map amendments, and provide for 2 public participation; and 3 4 WHEREAS, the Monroe County Development Review Committee ("DRC") considered 5 the proposed text amendment at a regularly scheduled meeting held on the 23rd day of August, 6 2022; and 7 8 WHEREAS, the professional staff memorandum for the DRC meeting dated August 15, 9 2022, completed by Cheryl Cioffari, A.LC.P., Assistant Director of Planning, and Devin Tolpin, 10 A.LC.P., C.F.M., Principal Planner, requests updated data and analysis be provided to support the 11 requested increase for affordable housing on the property; and 12 13 WHEREAS, the Applicant submitted updated data and analysis for the proposed 14 amendments to the Comprehensive Plan, Future Land Use Map, and Land Use District Map to 15 support the request for an increase in density for affordable housing on the property; and CL 16 0 17 WHEREAS, the Monroe County Planning Commission ("Planning Commission") held a 18 public hearing on the 26Ih day of October, 2022, for review and recommendation on the proposed 19 Comprehensive Plan text amendment; and 20 a 21 WHEREAS, the Planning Commission adopted a resolution recommending BOCC 22 approval with the Department's recommended changes, as discussed during the Planning 23 Commission hearing, of the proposed amendment; and U 24 U 25 WHEREAS,the proposed text amendment qualifies as a small-scale Comprehensive Plan 26 amendment pursuant to Florida Statutes § Section 163.3187, for which the Monroe County Board 27 of County Commissioners ("BOCC", "Board", "Monroe County", or the"County") shall hold one 0 28 (1)public hearing to consider the adoption of the proposed Comprehensive Plan amendment, and U) 29 considers the Department's professional staff report, the Department's professional staff E 30 recommendation, and the testimony given at the public hearing; and X 31 2 32 WHEREAS, at a regular meeting held on the 15Ih day of November,2022,the BOCC held 0 33 a public hearing to consider adoption of the proposed text amendment, considered the 34 Department's professional staff report, the Department's professional staff recommendation, and c� 35 provided for public comment and public participation in accordance with the requirements of state 36 law and the procedures adopted for public participation in the planning process; and 37 0 00 LO 38 WHEREAS, the BOCC was presented with the following documents and other 39 information relevant to the request,which by reference is hereby incorporated as part of the record 40 of said hearing: 41 42 1. The Department's professional staff report prepared by Cheryl Cioffari, Assistant 43 Director Planning, and Devin Tolpin, Principal Planner, dated October 26, 2022; 44 2. Sworn testimony of Monroe County Planning and Environmental Resources 45 Department professional staff, and Packet Pg.4207 S.1.a 1 3. Advice and counsel of Peter H. Morris, Assistant County Attorney, and Robert B. 2 Shillinger, County Attorney. 3 4 WHEREAS,based upon the information and documentation submitted,the BOCC makes 5 the following findings of fact and conclusions of law: 6 7 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the 8 Monroe County Year 2030 Comprehensive Plan; and 9 10 2. The proposed amendment is consistent with the Principles for Guiding Development 11 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and 12 13 3. The proposed amendment is consistent with Part H of Chapter 163, Florida Statute. 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY C. 16 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 0 17 >% 18 Section 1. Recitals and Legislative Intent. The foregoing prefatory recitals and .2 19 determinations are true and correct and are hereby incorporated as if fully stated 20 herein. 21 22 Section 2. The text of the Monroe County Comprehensive Plan is hereby amended as follows 23 (deletions are shown st+i ,,ke th- ,,n�,; additions are shown underlined): U 24 U 25 Policy 107.1.7: Coco Palms Affordable Housing Subarea 26 The purpose of Coco Palms Affordable Housing Subarea is to implement applicable goals, 27 objectives, and policies of the Comprehensive Plan to promote and facilitate development of X 28 affordable housing to meet the needs of Monroe County. 29 0 30 1. Boundary. The Coco Palms Affordable Housing Subarea shall include the upland portion 31 of the property having Real Estate Number 00174960-000000, which consists of .2 32 approximately 2.30 acres of upland, and is legally described as follows (upland portion): _ 33 34 LEGAL DESCRIPTION (Upland): 35 36 A portion of Lot 30 Sacarma a subdivision of Government Lots 3 and 4 in Section 29, 0 37 Township 66 South,Range 28 East, Cudjoe Key,Monroe County,Florida,recorded in Plat 00 38 Book 2, Page 48 of the Public Records of Monroe County, Florida, and being more 39 particularly described as follows: BEGIN at the Southwest corner of said Lot 30; thence N 40 00°28'49" W along the Westerly Line of said Lot 30 for a distance of 431.51 feet; thence 41 N 49'54'16"E a distance of 6.89 feet;thence N 62°43'59"E a distance of 17.84 feet:thence 42 N 74°45'27" E for a distance of 25.07 feet; thence N 52'36'11" E for a distance of 6.04 43 feet;thence N 18°29'29" E for a distance of 10.62 feet;thence N 13°02'59" E for a distance < 44 of 26.10 feet; thence N 51°09'27" E for a distance of 8.57 feet; thence N 76°25'20" E for 45 a distance of 49.23 feet; thence N 83°33'07" E for a distance of 20.97 feet; thence N 46 71°51'34" E for a distance of 29.93 feet; thence S 75°26'35" E for a distance of 8.32 feet; Packet Pg.4208 S.1.a I thence S 36°22'15" E for a distance of 16.80 feet; thence S 12'41'11" E for a distance of 2 31.84 feet; thence S 13°57'59" E for a distance of 38.49 feet; thence S 26°21'12" E for a 3 distance of 5.72 feet to the Easterly Line of said Lot 30; thence S 00°28'49" E along the 4 said Easterly Line of said Lot 30 for a distance of 464.64 feet to the Southeast corner of 5 said Lot 30; thence N 79°07'38" W along the South Line of said Lot 30 (also being the 6 Northerly Right-of-Way Line of Old State Road 4A)for a distance of 91.48 feet to a point 7 of curvature of a curve concave to the South;thence in a Westerly direction along the curve, 8 having a radius of 2025.86 feet; a Central angle of 03°09'58", a chord bearing of N 9 80°42'37" W and a chord length of 111.93 feet, for an arc distance of 111.95 feet to the 10 Point of Beginning. Containing 100,371 sq. ft. or 2.3 Acres, more or less. U) CL 001749& -000 00 E 11 0 0 enCL i a--- 0 FCudjoe Key 0 milo Marker 22 ; U U) 11 12 2. Land Use Designations. The Coco Palms Affordable Housing Subarea shall be subject to 0 13 all regulations applicable to the Residential High (RH) 14 Future Land Use Map designation and the Urban Residential E 15 MR) Land Use District(Zoning) category, as well as the additional restrictions set forth in :c 2 16 this Policy. Where conflicts may arise,the specific restriction in this Sub Area Policy shall Z 17 supersede the general criteria applicable to the underlying Future Land Use designation 2 18 and Land Use District (Zoning) Category. In no case shall the subarea policy allow 0 19 development potential greater than the underlying FLUM category or Land Use (Zoning) 20 District. 21 0 00 22 3. Density Provisions. LO 23 24 a. For consistency with Policy 101.5.26, in order to implement the Florida Keys 25 Carrying Capacity Study and maintain the overall County allocated density and the 26 preservation of native habitat, the allocated density for the Coco Palms Affordable 27 Housing Subarea shall be zero (0). 28 b. There shall be no maximum net density standard available for market-rate dwelling 29 units or transient units. Packet Pg.4209 S.1.a I C. The maximum floor area ratio (F.A.R.) for all nonresidential uses within the 2 subarea shall be zero. 3 d. In accordance with Policy 101.5.25, the following density and intensity standards 4 shall be applicable to the Coco Palms Affordable Housing Subarea. 5 Estimated Maximum Develo ment Potential Land Use Allocated Maximum Gross Open Buildable Development Density Net Density Upland Space Area Potential < Area of Site Ratio Market Rate 0 du/acre N/A N/A N/A N/A Odu/acre Dwelling U) Units Affordable 0 du/acre 4-9 2.30 acres* 0.20 1.84 a Dwelling &43ttildable 46 du* Units aer-e U c, 25 du/buildable 0 acre Transient 0 du/acre 0 du/acre N/A N/A N/A 0 du/acre Units Nonresidential 0.0 FAR N/A N/A N/A N/A 0 sf 0 Uses 0 U U) 6 ,958 s 101,958 sf (2.3 acres) per survey by Fr-eeriek . n�ebr-,ndt, is-land S -.7"'Zn, � 7 1*e da+ed ,215 11:7 Eric Isaacs, Florida Keys Land Surveying, dated 09/20/2022. :2 0 U) 8 4. Only the land uses listed below shall be permitted within the Coco Palms Affordable 9 Housing Subarea. X 10 a. Permitted as of right. 2 11 i. Deed restricted attached or detached affordable dwelling units involving 0 12 less than six units, designated_ as employee housing as provided for in LDC 13 Section 139-1; c� 14 ii. Accessory Uses; 15 iii. Replacement of deed-restricted affordable dwelling units (mobile homes) 16 which are as of the effective date of this Policy subject to Chapter 723, 00 17 Florida Statutes, in the event of substantial damage or destruction, for so 18 long as such deed-restricted affordable dwelling units (mobile homes) are 19 subject to Ch. 723, Florida Statutes; and 20 iv. Non-conforming mobile homes existing as of the date of this policy may 21 remain so long as they are not substantially damaged or destroyed. All 22 current occupants may remain under their current leases. Upon expiration 23 of any mobile home lease, in order to obtain a new lease, the tenant(s) 24 must meet the qualifications for affordable employee housing. Packet Pg.4210 S.1.a I b. Permitted as a minor conditional use subject to the standards and procedures set 2 forth in the Monroe County Land Development Code Chapter 110, Article III. 3 i. Attached or detached dwellings involving six to 18 units, designated as 4 employee housing as provided for in LDC Section 139-1. 5 c. Permitted as a major conditional use subject to the standards and procedures set 6 forth in Monroe County Land Development Code Chapter 110, Article III: 7 i. Attached or detached dwellings involving more than 18 units, designated 8 as employee housing as provided for in LDC Section 139-1. 9 d. Permitted and Conditional use limitations. 10 i. All residential units constructed within the subarea shall be deed-restricted 11 affordable in accordance with Policy 601.1.4; 12 ii. No market-rate housing shall be allocated, assigned, transferred to the 13 Coco Palms Affordable Housing Subarea, or otherwise developed within 14 the Coco Palms Affordable Housing Subarea; 15 iii. Properties within the Coco Palms Affordable Housing Subarea shall not 0 16 be eligible sender sites for affordable housing ROGO exemptions or 17 TREs; 0 CL 18 iv. No other residential or nonresidential uses shall be permitted within the 19 subarea; and 2 20 v. All new residential units developed within the subarea shall be subject to 21 the ROGO permit allocation system and after development of the si*teeff 0 22 thirteen (13) new units the resulting forty-six (46) units 0 23 shall consist of a maximum of twenty-four (24) moderate U 24 income, set eleven (11) median income and set eleven (11) 25 low-income affordable allocations. Once the si*tom thirteen(13)new 0 X 26 employee housing units are developed, the affordable housing income U) 27 restrictions may be reconfigured within the property so as to ensure E 28 occupant(s) can meet the income requirements for the unit occupied. X a� 29 30 Section 3. Construction and Interpretation. The construction and interpretation of this 31 ordinance and all Monroe County Comprehensive Plan provision(s), Florida 32 Building Code, Florida Statutes, and Monroe County Code provision(s) whose 33 interpretation arises out of, relates to, or is interpreted in connection with this 34 ordinance shall be liberally construed and enforced in favor of Monroe County, and 35 shall be construed in favor of the BOCC and such construction and interpretation 00 36 shall be entitled to great weight in adversarial administrative proceedings, at trial, 37 bankruptcy, and on appeal. 38 39 Section 4. No Liability. Monroe County expressly reserves and in no way shall be deemed to 40 have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign, 41 governmental, and any other similar defense, immunity, exemption, or protection < 42 against any suit, cause-of-action, demand, or liability. 43 Packet Pg.4211 S.1.a I Section 5. Severability. If any provision of this ordinance, or any part or portion thereof, is 2 held to be invalid or unenforceable by any administrative hearing officer or court 3 of competent jurisdiction, the invalidity or unenforceability of such provision, or 4 any part or portion thereof, shall neither limit nor impair the operation, 5 enforceability, or validity of any other provision of this ordinance,or any remaining 6 part(s) or portion(s) thereof. All other provisions of this ordinance, and remaining 7 part(s) or portion(s)thereof, shall continue unimpaired in full force and effect. 8 u 9 Section 6. Repeal of Inconsistent Provisions. All ordinances in conflict with this ordinance 10 are hereby repealed to the extent of said conflict. The repeal of an ordinance herein 11 shall not repeal the repealing clause of such ordinance or revive any ordinance 12 which has been repealed thereby. 13 a� 14 Section 7. FilinIz and Effective Date. This ordinance shall be filed in the Office of the 15 Secretary of the State of Florida and shall become effective as provided by law. CL 16 0 17 Section 8. Inclusion in the Comprehensive Plan. The text amendment shall be incorporated � 18 in the Monroe County Comprehensive Plan. The numbering of the foregoing 19 amendment may be renumbered to conform to the numbering in the Monroe County 20 Comprehensive Plan. a 21 22 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 23 Florida, at a regular meeting held on the day of , 2022. U 24 U 25 Mayor David Rice 26 Mayor Pro Tem Craig Cates _ 27 Commissioner Michelle Coldiron X 28 Commissioner James K. Scholl U) 29 Commissioner Holly Merrill Raschein E 30 31 BOARD OF COUNTY COMMISSIONERS 32 OF MONROE COUNTY, FLORIDA 0 33 34 By: 35 Mayor David Rice 36 (SEAL) P ATTORNEY 0 37 ,. P,� M TO FORM 00 38 ATTEST: KEVIN MADOK, CLERK "' � 39 " PETER MORRIS 40 ASSISTANT COUNTY ATTORNEY 41 AS DEPUTY CLERK gate: 10/29/22 E c� Packet Pg.4212 S.1.b 2 } ' 3 4 MEMORANDUM 5 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT 6 We strive to be caring,professional and fair as E 7 8 To: Monroe County Board of County Commissioners (BOCC) r_ 9 C` as 10 Through: Emily Schemper, AICP, CFM, Senior Director of Planning & Environmental Resources 11 a 12 From: Cheryl Cioffari, AICP, Assistant Director of Planning and a CL 13 Devin Tolpin, AICP, CFM, Principal Planner E 14 U 15 Date: October 26, 2022 16 0 CL 17 Subject: An Ordinance by the Monroe County Board of County Commissioners amending the 18 Monroe County Comprehensive Plan as a small-scale comprehensive plan amendment 19 pursuant to Section 163.3187, Florida Statutes, amending Policy 107.1.7 Coco Palms 20 Affordable Housing Subarea to increase the maximum net density and to modify the 0 21 permitted as-of-right uses and conditional uses for property located at 21585 Old State 0 22 Road 4A, Cudjoe Key, as proposed by Smith Hawks, PL on behalf of Mobile Homes 23 Holdings Coco, LLC; and to accompany a proposed amendment to the Future Land Use 24 Map (FLUM) from Mixed Use / Commercial (MC) to Residential High (RH) (File 2022- 0 25 084) 26 a 27 Meeting: November 15, 2022 0 28 as 29 0 30 I. REQUEST 31 04 32 On May 11, 2022, the Planning and Environmental Resources Department received an application from 33 Smith Hawks, PL on behalf of Mobile Homes Holdings Coco, LLC (the "Applicant") to amend the 34 Monroe County Year 2030 Comprehensive Plan to amend Policy 107.1.7 "Coco Palms Affordable 35 Housing Subarea" to accompany a proposed Future Land Use Map (FLUM) amendment from Mixed 36 Use/Commercial (MC) to Residential High (RH) and a proposed Land Use (Zoning) District Map U 37 amendment from Suburban Commercial(SC)to Urban Residential (UR) for a portion of property located 0 38 at 21585 Old State Road 4A on Cudjoe Key (the "Property"). 39 40 The proposed subarea policy would increase the maximum net density of the property from 18 dwelling 41 units per buildable acre to 25 dwelling units per buildable acre. The limitation that the only permitted use N 42 on the Property would be affordable housing and accessory uses remains. The proposed subarea policy 43 amendment and associated FLUM amendment would be processed as "small-scale comprehensive plan E 44 amendments" pursuant to Section 163.3187, Florida Statutes, based on the size of the site and the 45 limitation of development to affordable housing. The Applicant has also requested a corresponding Land 46 Use District (Zoning) map amendment for the Property from Suburban Commercial (SC) to Urban SR PC 10.26.22 Page 1 of 20 File 2022-084 Packet Pg.4213 S.1.b I Residential (UR). The subject of this staff report is the proposed comprehensive plan subarea policy (text 2 amendment). 3 4 II. BACKGROUND INFORMATION 5 6 Site Information: E 7 Location: MM 22, Cudjoe Key 8 Address: 21585 Old State Road 4A 9 Description: Lot 30, Sacarma, Plat Book 2, Page 48, Cudjoe Key, Monroe County, Florida 10 Parcel Identification Number: 00174960-000000 U) 11 Owner/Applicant: Mobile Homes Holdings Coco, LLC u 12 Size of Property: 3.4 acres consisting of 2.3 acres (101,958.1 SF) of upland area per survey by Eric a 13 A. Isaacs of Florida Keys Land Surveying, dated September 20, 2022. 14 FLUM Designations: Mixed Use / Commercial (MC) and Residential Conservation (RC); pending U 15 application to amend to Residential High (RH)through File 2022-085 16 Land Use Districts: Suburban Commercial (SC) and Native Area (NA); pending application to 0 17 amend to Urban Residential (UR) through File 2022-086 18 Tier Designation: III 19 Flood Zones: AE(EL 10) 20 CBRS: No 0 21 Existing Use: Developed with 17 mobile homes which are deed restricted affordable to a Declaration 0 22 of Affordable Housing Deed Restriction recorded in the Public Records of Monroe County at Official U) 23 Records Book 2747, Pages 1667-1677 and four (4) buildings comprised of 16 units of affordable 24 housing, which are deed restricted affordable through an Employee Housing Deed Restriction 0 25 recorded in the Public Records of Monroe County in Official Records Book 3030 Page 1540. A total 26 of 33 deed restricted affordable dwelling units. 0 27 Existing Vegetation/Habitat: Mangrove, Buttonwood, Developed Land and Submerged Land 0 28 Community Character of Immediate Vicinity: Adjacent land uses include vacant land to the west, 29 open water to the north, commercial and residential uses to the east, and single-family and multi- 30 family residential uses to the south across US1. 2 31 N 32 The Property currently has Land Use District (Zoning) designations of Suburban Commercial (SC) and LO 33 Native Area(NA) and Future Land Use Map (FLUM) designations of Mixed Use/Commercial (MC) and 34 Residential Conservation (RC). 35 36 The property was partially within a BU-2 district (Medium Business) and RU-5P (Mobile Home Park U 37 Residential)prior to September 15, 1986. The mobile home park area of the site was entirely within the 0 38 RU-5P district. With the adoption of the Comprehensive Plan's FLUM in 1997, the Property was given 114t i 00 39 a FLUM designation of Mixed Use/Commercial (MC), Residential High (RH) and Residential 9 40 Conservation (RC). In 2019, pursuant to Ordinance 002-2019, the Property was designated within the N 41 Mixed Use/Commercial (MC) and Residential Conservation (RC) FLUM category. N 42 43 The Property was historically used as a mobile home and RV park (Rainbow's End Trailer Park) and 44 restaurant(Coco's Cantina) dating back to the 1970s. The Property is currently developed with 17 mobile 45 homes and 16 multifamily deed restricted affordable dwelling units. In the shoreline area of the property, SR PC 10.26.22 Page 2 of 20 File 2022-084 Packet Pg.4214 S.1.b I there is mangrove habitat(based on GIS habitat data). A vegetation survey/existing conditions report was 2 not submitted with the application to confirm the habitats. 3 4 The Applicant is requesting a text amendment to the Monroe County Comprehensive Plan to amend 5 Comprehensive Plan Policy 107.1.7 "Coco Palms Affordable Housing Subarea" to accompany a 6 concurrently proposed Future Land Use Map amendment for the upland portion of the property from 7 Mixed Use/Commercial (MC)to Residential High(RH) and a proposed Land Use District(Zoning) Map 8 amendment for the upland portion of the property from Suburban Commercial (SC)to Urban Residential 9 (UR). The subject of this staff report is the proposed text amendment to the Comprehensive Plan. 10 U) 11 In the application materials,the Applicant states that the reason for the proposed amendments is "to allow 12 the maximum net density for affordable housing dwelling units pursuant to the RH FLUM designation a 13 and the Urban Residential ("UR") zoning district. The boundary of the subarea policy was previously 0. 14 identified and will not change based on the amendments contemplated herein." 0 U 15 16 The Applicant cites the following documents/data: 0 17 1. Affordable Workforce Housing Study for Non-Residential Development, dated June, 2017; - 18 2. American Community Survey (ACS) conducted by U.S. Census Bureau; 19 3. Florida Housing data compiled by the University of Florida; and 20 4. Monroe County Affordable Housing Report dated November 2007. 0 c� 21 U 22 This data indicates that in 2020, the ACS estimates that 56% of renter-occupied housing units and 32.5% U 23 of owner-occupied housing units are paying 30% or more of their household income for housing'. The S 24 Applicant also states that Monroe County ranks as the county with the most cost burdened households 0 25 (along with Miami-Dade County). X U) 26 27 The Applicant's full explanation and justification of the proposed amendments is included in the file for 0 28 the application (File 2022-084). 2 29 0 30 Staff has reviewed the Applicant's position and supporting documentation, and agrees with the position 31 that inadequate availability of affordable housing is currently a primary issue facing permanent residents N 32 of unincorporated Monroe County. In 2015, the BOCC acknowledged the County's workforce housing LO 33 issues and adopted Resolution 189-2015, assigning additional duties to the Affordable Housing Advisory 34 Committee directing the committee to make recommendations for steps the County may take to address 35 the need for more workforce housing options. The committee presented their recommendations to the 36 BOCC at their regular meeting on August 17, 2016. The BOCC held a special meeting on December 6, U 37 2016, to discuss the recommendations, and provided direction to staff to move forward on several 38 measures to encourage and incentivize the provision of affordable and workforce housing within the00 39 County. Affordable Housing continues to be a pressing issue for the County. 9 40 N N 41 Additionally, Monroe County suffered the loss of a significant number of housing units due to damage N 42 caused by Hurricane Irma on September 10, 2017. The BOCC has acknowledged that the pre-existing 43 affordable housing issues facing the County are even greater and more immediate now due to storm- E 44 related losses. 45 ° SR PC 10.26.22 Page 3 of 20 File 2022-084 Packet Pg.4215 S.1.b I In 2020,the ALICE Report was updated with information based on American Community Survey (2010- 2 2018). The new information affirms the trend of increased difficulty in being able to afford safe, well- 3 constructed affordable housing. ALICE IIN MONI OE COUNTY 2018 Mrrt»h-1 kne Data � Prrpairnllatnuain� '75,P'27 tllaum iida.rr of Ha;ruasatnalld 31,362 tM edpa in,Household Income:."a711,97 6( tale Care mPr. y'1n s,a+62) UllnempaVa�y mien �inrn Rate:3.11 ( 'bale waua n gcr 5.2`u.,) AUCE Ho uselhi alld 29'X,( 'paa e ravei age ;f,a%,) Haurn?sehollds pm Poverty ti9r(al err av ncatya:11 11Sa1 CL IHow has the number of llouselnolds by Income,Monroe Colunty,2010 to,20118 � ALICE households changed over time? 14,000 CL ALICE os sra tacmnyooa fsrr Asscl 12,000 Constrained, ate„ 0Ln'trd la um anao U . aa IPrirop�al aya up N�ou�aru allo alai..€a ulu�u r�i ru ����,a ��� ALICE nnwi'e+.thar,fl'i.rliadcialllPovrityLevelll, 8000 lbrup Iless tpaarl the bask;o2 ce u of bivinaN} 0 €uar the e.uaruMy(the ua,L.ICE b hi cnhalld). WhHe ccmd&ors have Irrrrru oved foi, 4,000 - G� n � a s,rvma.lurausayl7isrllds.rrirsruye,anuonuen bo z.ano : spa � sGraugryllr r=,I.lolly as�wagr�.0 fad to � ae,epa pace wriRp•i tlhe r eL° of household 2010 2012 2014 2016 2018 a e�rnatosl dbu.�at� iniP r lulld e 1ra� isrua�n, Uarslrunt atnana,laysllnpi eaanr and as o11aA0U 0 lbascsmaolafrrunoa rullaiiy tea �9 Sources:ALICE Threshold,2010-2018;American Community Survey,2010-2018 The coat of household basics,outpaces waglea..,. 0 .k"f•I Ho,acis dk°6lol SUraploam 10rjttla et ref wucls tl'ie bare Mll flobmlUrmn cos[to Ilkve arld work.nr1 M the rnrodermi ecicarru'riy ard prrclltades 111OUSilli g,CI'Wlcf care, s food,trarr Ipoi latbsrnrq,Vleallh m �1 0 care,t��rr:kflrlolog (a srryai tlaIrlo.nrtlmr Ilalba iro),air d taya�«.�. It adores riot Iprdll�ide w�,'Mrigs for r � f E r 011 ,Ihous� � � b� � a II �ro,p�.rwl�rar��epr kdro�cr or itak��rc goals lollm^r c'',icalllc���ro,olpp'I tbpttnlpttrap�ot. €br 2 0 111a1tf ct� slb.tt weH aIlarawae tlh(2 Federal Pttaaywe ty IILar+adl of 12,140 for a a bragIVe adiAll abA er25j 00 for,a as krarrnlly of foiisr. n Wii WO CWpPftk Key r ,A r srNr 22% CN c�a 4,�� �1atta rural �d^ n a ty rIr mlr. . N' ',Onafkall'Costs rdmYuarumarsd� 2 Na2'pfn Nur Ha ushi I lyls+kt 1,,5,14 Key calpasty Beach N49 ,1111, , " �1 1r atltt Cara ax b,�ah y1aaag U Trallma atafaitt $ 75 M Hoatffi Care $2100 $am Lower Keys CCD �r 00 t41u titalntta a als "2 t S640 Wddle h(op CCD r 4W rrt'% Taxa-s ;3411 �302 North e Large CM,"A 4:�2 :a2r N iii,th ly,Total $2,5 18 a7,1036 G,UIy, I.wN 5"", AlrNNUAL TOTAL S30 211 rs $84,43 Taavefrr6m YC'U"A srprp siiaav4 q�p t Mf as t .Pt 22 wa�4�o�>L ralp"mpsepd^r.;Np wr a,r-4 %F "G�r� r ��+��i'irn!+r,riG;pniafl'tl+u�u nuwu„nraiv ua•,r.r p,rir thr,krr f:auar f'rat Al4r p SUI'MWVL11111901sr"wtv's ,e,"rfre20 fbV*!auAdvPrw;ry Ower,,acvwavw�aPlpea r": a 4 SR PC 10.26.22 Page 4 of 20 File 2022-084 Packet Pg.4216 S.1.b I As noted, this amendment is being proposed as a small scale amendment. Section 163.3187, F.S., 2 establishes the process for adoption of a small-scale comprehensive plan amendment and provides the 3 limitations and requirements (see below). 4 5 (1) A small scale development amendment may be adopted under the following 6 conditions: 7 (a) The proposed amendment involves a use of 50 acres or fewer and: 8 (b) The proposed amendment does not involve a text change to the goals, policies, and 9 objectives of the local government's comprehensive plan, but only proposes a land use 10 change to the future land use map for a site-specific small scale development activity. U) 11 However, text changes that relate directly to, and are adopted simultaneously with, 12 the small scale future land use map amendment shall be permissible under this a 13 section. C. E 14 (c) The property that is the subject of the proposed amendment is not located within an 0 U 15 area of critical state concern, unless the project subject to the proposed amendment 16 involves the construction of affordable housing units meeting the criteria of s. 0 17 420.0004(3), and is located within an area of critical state concern designated by s. - 18 380.0552 or by the Administration Commission pursuant to s. 380.05(1). ' 19 20 (2) Small scale development amendments adopted pursuant to this section require only LO 0 21 one public hearing before the governing board, which shall be an adoption hearing as U 22 described ins. 163.3184(11). U U) 23 24 (4) Comprehensive plans may only be amended in such a way as to preserve the internal 25 consistency of the plan pursuant to s. 163.3177. Corrections, updates, or modifications of X 26 current costs which were set out as part of the comprehensive plan shall not, for the 27 purposes of this act, be deemed to be amendments. 0 28 X 29 While staff agrees with the position that inadequate availability of affordable housing is currently a .0 30 primary issue facing unincorporated Monroe County, staff is also reviewing the proposed amendment for 2 31 consistency with State Statutes (including 163.3187, F.S., above), Rules, internal consistency with the N 32 Comprehensive Plan and balancing all the requirements and policy issues. LO 33 17 34 Concept Meeting i 35 In accordance with LDC Section 102-158(a), a concept meeting was held on June 30, 2022 to discuss 36 proposed Comprehensive Plan text amendment. It was determined that the proposed text amendment will U� 37 not have a county-wide impact because it is a proposed site specific sub-area policy that would affect the 0 38 one (1)parcel identified in the application. i 39 Q 40 Community Meeting and Public Participation N 41 In accordance with LDC Section 102-159(b)(3), a Community Meeting is not required for Land N 42 Development Code text amendments that do not have a county-wide impact. However, a Community 43 Meeting is required for the accompanying Land Use District and Future Land Use Map Amendment 44 Requests (File 4s 2022-085 and 2022-086), which is requested to apply the proposed zoning district and 45 FLUM category to the subject properties. The Community Meeting was held on September 1, 2022. 46 Concerns from the Community Meeting included [but were not limited to]: SR PC 10.26.22 Page 5 of 20 File 2022-084 Packet Pg.4217 S.1.b 1 ■ Not supportive of high density development; and 2 ■ Increased traffic and the associated negative impacts. 3 4 Prior Relevant BOCC Action E E 5 On February 20, 2019, the BOCC Adopted Ordinance 001-2019 which established Comprehensive Plan 6 Policy 101.7.7 Coco Palms Affordable Housing Subarea. The Policy established a maximum net density 7 of 18 dwelling units per buildable acre for a maximum development potential of 33 deed restricted 8 affordable dwelling units designated as employee housing. 9 a� 10 On February 20, 2019, the BOCC Adopted Ordinance 002-2019 which amended the FLUM Designation U) 11 for a portion of the Property from Residential High (RH)to Mixed Use/ Commercial (MC). 12 2 13 On February 20, 2019, the BOCC Adopted Ordinance 003-2019 which amended the Land Use (District) 14 Zoning Designation for a portion of the Property from Urban Residential Mobile Home(URM)and Native U 15 Area to Suburban Commercial (SC). 16 0 17 III. PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENTS 18 19 The Applicant's proposed text, as submitted on May 9, 2022, is shown as follows: additions are set forth 20 below in bh,ue tvideflirie and deletions are set forth in 0 21 0 22 * * * U) 23 GOAL 107 24 Monroe County shall regulate land use and development activities of scarified portions of property 6 25 with 50 percent or more environmentally sensitive land that contains an existing nonconforming use U) 26 by the enactment of area-specific regulations that allow development to occur subject to limitations 27 and conditions designed to protect natural resources. For this Goal to be used, scarified portions of 28 property shall not have been created purposefully without benefit of permit(s)as evidenced by pictorial 2 29 aerial examination and/or other means available to the Growth Management Division. 0 30 2 31 Objective 107.1 N 32 Monroe County shall coordinate land use with the elements of the Comprehensive Plan through Future 33 Land Use Element subarea policies solely applicable to a specific geographic area. These subarea 34 policies identify parcels of land that require narrowly-tailored regulation in order to confine 35 development potential to an area or extent less than the maximum development potential allowed by �1 36 its underlying Future Land Use Map category. The development parameters established for each U 37 subarea shall be based either on an inventory of uses and facilities established on the parcel or by data 38 and analysis supporting the specific subarea limitations. Environmentally sensitive areas shall be00 39 preserved through the application of such methods as conservation easements that require mandatory 9 40 eradication of exotic invasive vegetation. N 41 N 42 43 Policy 107.1.7: Coco Palms Affordable Housing Subarea E 44 The purpose of Coco Palms Affordable Housing Subarea is to implement applicable goals, objectives, 45 and policies of the Comprehensive Plan to promote and facilitate development of affordable housing < 46 to meet the needs of Monroe County. SR PC 10.26.22 Page 6 of 20 File 2022-084 Packet Pg.4218 S.1.b 1 1. Boundary. The Coco Palms Affordable Housing Subarea shall include the upland portion of the 2 property having Real Estate Number 00174960-000000, which consists of approximately 2.30 3 acres of upland, and is legally described as follows (upland portion): 4 E E 5 LEGAL DESCRIPTION (Upland): 6 E E 7 A portion of Lot 30 Sacarma a subdivision of Government Lots 3 and 4 in Section 29, Township 8 66 South, Range 28 East, Cudjoe Key, Monroe County, Florida, recorded in Plat Book 2,Page 48 9 of the Public Records of Monroe County, Florida, and being more particularly described as 10 follows: BEGIN at the Southwest corner of said Lot 30;thence N 00°28'49" W along the Westerly U, 11 Line of said Lot 30 for a distance of 431.51 feet; thence N 49°54'16" E a distance of 6.89 feet; 12 thence N 62°43'59" E a distance of 17.84 feet: thence N 74°45'27" E for a distance of 25.07 feet; 2 13 thence N 52'36'11" E for a distance of 6.04 feet;thence N 18°29'29" E for a distance of 10.62 feet; E 14 thence N 13°02'59" E for a distance of 26.10 feet; thence N 51°09'27" E for a distance of 8.57 U 15 feef; thence N 76°25'20" E for a distance of 49.23 feet; thence N 83°33'07" E for a distance of 16 20.97 feet; thence N 71°51'34" E for a distance of 29.93 feet; thence S 75°26'35" E for a distance 0 17 of 8.32 feet; thence S 36'22'15" E for a distance of 16.80 feet; thence S 12°41'l l" E for a distance 18 of 31.84 feet;thence S 13°57'59" E for a distance of 38.49 feet;thence S 26°21'12" E for a distance 19 of 5.72 feet to the Easterly Line of said Lot 30; thence S 00°28'49" E along the said Easterly Line 20 of said Lot 30 for a distance of 464.64 feet to the Southeast corner of said Lot 30; thence N 0 21 79°07'38" W along the South Line of said Lot 30 (also being the Northerly Right-of-Way Line of 0 22 Old State Road 4A) for a distance of 91.48 feet to a point of curvature of a curve concave to the U) 23 South; thence in a Westerly direction along the curve, having a radius of 2025.86 feet; a Central 24 angle of 03°09'58", a chord bearing of N 80°42'37" W and a chord length of 111.93 feet, for an 25 arc distance of 111.95 feet to the Point of Beginning. Containing 100,371 sq. ft. or 2.3 Acres,more 26 or less. u 0 CN 0017496 -000000 t'J 11 V r _.. IT 00-- 9rV L—�Yc Cudjoe Key Mile Marker 22 � 27 CN 28 2. Land Use Designations. The Coco Palms Affordable Housing Subarea shall be subject to all 29 regulations applicable to the ie6 =� � a�e ., (� W � Wi�1�u� 1N I>j�I� 111; ) Future Land U 30 Use Map designation and the LI !'!ijiri Res i eiritial ( ] )„wLand Use 31 District (Zoning) category, as well as the additional restrictions set forth in this Policy. Where SR PC 10.26.22 Page 7 of 20 File 2022-084 Packet Pg.4219 S.1.b I conflicts may arise, the specific restriction in this Sub Area Policy shall supersede the general 2 criteria applicable to the underlying Future Land Use designation and Land Use District(Zoning) 3 Category. In no case shall the subarea policy allow development potential greater than the 4 underlying FLUM category or Land Use (Zoning) District. 5 6 3. Density Provisions. 7 8 a. For consistency with Policy 101.5.26, in order to implement the Florida Keys Carrying 9 Capacity Study and maintain the overall County allocated density and the preservation of 10 native habitat, the allocated density for the Coco Palms Affordable Housing Subarea shall U) 11 be zero (0). 12 b. There shall be no maximum net density standard available for market-rate dwelling units 13 or transient units. U c, 14 C. The maximum floor area ratio (F.A.R.) for all nonresidential uses within the subarea shall 2 15 be zero. 0- cu 16 d. In accordance with Policy 101.5.25, the following density and intensity standards shall be 0- 17 applicable to the Coco Palms Affordable Housing Subarea. Estimated Maximum Development Potential 0 Land Use Allocated Maximum Gross Upland Open Buildable Development t0 Density Net Density Area of Site Space Area Potential U) Ratio Market Rate 0 du/acre N/A N/A N/A N/A Odu/acre Dwelling Units Affordable 0 du/acre 4414 2.30 acres* 0.20 1.84 0 Dwelling Units 46 di,V" E 2". :are, Transient Units 0 du/acre0 du/acre N/A N/A N/A 0 du/acre c� Nonresidential 0.0 FAR N/A N/A N/A N/A 0 sf Ui Uses i 18 *100,359 sf(2.3 acres) per survey by Frederick H. Hildebrandt, Island Surveying, Inc., dated 12/5/17. Wi U U 19 4. Only the land uses listed below shall be permitted within the Coco Palms Affordable Housing i 20 Subarea. 00 21 a. Permitted as of right. N 22 i. l� a: i<.a �.��� � 11 -detached affordable dwelling u.u � a, ..1 �1 :� Q 23 '�. :11+144� designated as employee housing as provided for in LDC Section 139-1; 24 ii. Accessory Uses; E E 25 iii. Replacement of deed-restricted affordable dwelling units (mobile homes) which U 26 are as of the effective date of this Policy subject to Chapter 723, Florida Statutes, 27 in the event of substantial damage or destruction, for so long as such deed- SR PC 10.26.22 Page 8 of 20 File 2022-084 Packet Pg.4220 I restricted affordable dwelling units (mobile homes)are subject to Ch. 723,Florida 2 Statutes; and 3 iv. Non-conforming mobile homes existing as of the date of this policy may remain 4 so long as they are not substantially damaged or destroyed. All current occupants E 5 may remain under their current leases. Upon expiration of any mobile home lease, 6 in order to obtain a new lease, the tenant(s) must meet the qualifications for E 7 affordable employee housing. 8 b. Permitted as a minor conditional use subject to the standards and procedures set forth in 0- 9 the Monroe County Land Development Code Chapter 110, Article 111. U) 10 i. Attached dwellings designated as employee 11 housing as provided for in LDC Section 139-1. 12 E 13 PA op+4-) ---140-,-,A+t4 0 U 14 >% .2 15 0 16 d. Permitted and Conditional use limitations. 17 i. All residential units constructed within the subarea shall be deed-restricted 18 affordable in accordance with Policy 601.1.4; 19 ii. No market-rate housing shall be allocated,assigned,transferred to the Coco Palms 0 U 0 20 Affordable Housing Subarea, or otherwise developed within the Coco Palms U 21 Affordable Housing Subarea; 0U) 22 iii. Properties within the Coco Palms Affordable Housing Subarea shall not be 23 eligible sender sites for affordable housing ROGO exemptions or TREs; 0 X 24 iv. No other residential or nonresidential uses shall be permitted within the subarea; 0U) 25 and E 0 26 v. All new residential units developed within the subarea shall be subject to the X .2 27 ROGO peen thermit alloresultingcation system and a�frdelopmeniof uni ts shall*AJconsistof 0) 2 29 a maximum of moderate income, KL[even C14 30 (1111)median income and 11) low-income affordable allocations. LO 31 Once the new employee housing units are developed, .................... It-1 32 the affordable housing income restrictions may be reconfigured within the W 33 property so as to ensure occupant(s) can meet the income requirements for the ULO I 34 unit occupied. U 0 35 36 00 Q 1 37 IV. ANALYSIS OF PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENT FOR N N Q 38 CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN,THE LOWER N 4i 39 KEYS LIVABLE COMMUNIKEYS PLAN, THE PRINCIPLES FOR GUIDING 40 DEVELOPMENT,AND FLORIDA STATUTES. E 41 42 The Applicant's proposed amendment has two major prongs. First, there is a proposal to increase the 43 maximum net density to 25 dwelling units per buildable acre which is consistent with the proposed SR PC 10.26.22 Page 9 of 20 File 2022-084 Packet Pg.4221 S.1.b I Residential High (RH) FLUM designation and proposed Urban Residential (UR) zoning district. Second, 2 the proposed language amends the permitted as-of-right and conditional uses. 3 4 Increase to Density 5 As noted above in the Background Section of this Report, the maximum net density was increased on the 6 Property in 2019 through Ordinance 001-2019 to a maximum development potential of 33 deed restricted 7 affordable dwelling units designated as employee housing. At the time the BOCC considered the proposed 8 amendments, there were 337 affordable ROGO allocations available. 9 10 As of the July 20, 2022 BOCC Meeting, the County has 30 affordable ROGO allocations available. In U) 11 response to staff s inquiry of how the applicant intends to obtain the additional ROGO allocations in 12 response to the increased density, the applicant has provided the following statement: a 13 "...In addition to the requested amendments, the project requires a minor conditional use 0. 14 approval prior to development. The applicant intends to apply to the County for any 0 U 15 additional affordable housing ROGO allocations required post approval of the required 16 development orders. Should the County's reserve have insufficient affordable housing 0 17 ROGO allocations at the time the Applicant applies,the Applicant shall pursue alternative - 18 avenues to provide the required additional ROGO allocations for the project." 19 20 Changes to as-of-right and conditional uses 0 21 The Applicant proposes language that would allow the following: U U 22 1. Detached affordable dwellings [up to 46 attached dwelling units] designated as employee housing U 23 as specified in Section 139-1 permitted as-of-right use; and 24 2. Attached affordable dwellings [up to 46 attached dwelling units] designated as employee housing 6 25 as specified in Section 139-1 permitted as a minor conditional use. U) 0 26 Both of these changes would be consistent with the permitted as-of-right and minor conditional uses as E 27 established in the proposed UR zoning district. However, when the BOCC considered the proposed X 0 28 increase in 2018 specific to the Property, a discussion occurred that related to maintaining a required 29 conditional use process to address site plan review and how units are permitted on the Property. Therefore, 2 30 staff is not recommending changes to the as-of-right and conditional uses. Rather, staff would recommend N 31 the existing language be maintained. LO 32 17 V- 33 Compliance with Florida Statutes Ch. 723 V- 34 Staff finds the maintenance of language allowing that the replacement of deed restricted affordable 35 dwelling units (mobile homes) which are subject to Chapter 723, Florida Statutes, may be permitted, for U 36 so long as such deed restricted affordable dwelling units (mobile homes) are subject to Ch. 723, Florida 0 37 Statutes,provides sufficient protection for the mobile home owners and complies with Florida Statues. 38 00 39 Traffic Study N 40 Pursuant to Policy 301.1.2, U.S. 1 is required to maintain a LOS of"C" in order to support development. Q 41 The Property is located on Cudjoe Key within Segment 6 (Cudjoe, mm 20.5 - 23.0). The 2021 US 1 42 Arterial Travel Time and Delay Study (2021 ATTDS) for Monroe County indicates levels of serve(LOS) c� SR PC 10.26.22 Page 10 of 20 File 2022-084 Packet Pg.4222 S.1.b I of "A" for Segment 6 with 3,920 reserve trips'. 2021 LEVEL OF SERVICE AND RESERVE CAPACITY ADJ. ADJUSTED MEDIAN 2021 2017 SEGMENT LENGTH FAC ILITX POSTED SPEED FOR LC)SC TRAVEL Las. RESERVE hRAXIM9UlullRESERVVE 5%ALLOCATION MAXIMUM RESERVE (11711e8p TYPE Limits Average SIGNAL CRIITERIA SPEED SPEED VOLUME BELOW L65 C VOLUME (rraph) (n,phQ� Qin,ph) (mphi)� (implaJ (i7apda) Qtirllps}, III 1 Stock Isla n.,dl(4.0-5.0) LAD 4-JD 30MA5 49A WA 22.0 40.0 A 118.0 3,279 3A74 1,348 2 B'-Chi-(5.0-9.0) 3.9 4-JD 45155 54.7 WA 5U.2 59.9 A 9.7 6,2,65 7376 61071 3 Big Ca It 0.00-fQ.S 1.5 2-L!U 45156 463 NIA 41.8 47.5 B 5.6 11391 1,921 1,341 4 Saddlwb,-h(10..5-16.5) 5.8 2-L!U 4565 53.6 NIA 49.1 53.5 B 4.3 4,130 6,5113 4,034 55iug,arlae((fl6.5-20.5) 3.9 2-L!U 45 45.0 6.8 33.7 48.8 A 115.11 9,752 10,856 7,944 6 Cud(ae(203-23.13) 2.5 2-LfU 45 45.0 WA 49.5 47.9 A 7.4 3,0�64 3,920 3,1188 7 Si mamerland(23.0-25.0) 2.2 2-LfU 45 45.0 WA 49.5 46.1 B 5.6 2,040 2,791 1,639 ° 8 R-rod(25.0-27.5) 2.3 2-L!U 45 45.0 NIA 40.5 46.5 A 6.0 2,285 3,063 2,1133 9 T©rchl(27.5-29..5) 2.1 2-LfU 45 45.0 WA 4{0.5 48.8 A 8.3 2,886 3589 2,594 10 Big.,Pine(29.5-33.0) 3.4 2-LfU 45 45.0 5.9 34.6 42.7 A 8.11 4,561 5,5111 1,295 Qy 10 I6ahca H-da.(33.0-40.0) 7.0 2-LfU(70%) 45150/55 52.4 NIA 47.9 54.8 A 6.9 7,998 10,734) 6,723 CL 4-LO(30%) E 12 7-Mile Bridge(40 0-47.0) 6.8 2-UU 46155 54.4 NIA 49.9 53.2 B 3.3 3,71E 61508 3,603 13 fMlarattran)47 0-54.0) 7.3 2-LrU(13%) 35145 42.5 WA 22.0 39.6 A 117.6 2.1,276 22.590 19,221 4-LfID(879A} 14 Grassy(54 4-60.5) 64 2-UU 4565 546 21 494 51.4 'C 3.4 3,03 6,183 3,286' 15 Duck(60..5-63.0) 2.7 2-L!U 55. 55.0 NIA 56.5 53.2 'C 2.7 1,207 2,344 1,252'. 0 16 Lr ng,C63 9-73 Q) 99 2-UU 45l5 65 534 NIA 499 49.9 'C 11 0 1,639 5,6119 2,459 CL 17 L Mxt--b.(73.0-77..5) 4.5 2-L!U 45l5065 52.5 NIA 43.0 48.2 'C 0.2 149 1,939 224 (b 18 Tea Tahle(775-795) 2.2 2-UU 45 45 Q NIA 40-a 46.6 A 0..11 2,222 2,965 (692) 6� 19 U Mat--b.(79.5-84.0�) 4.1 2-UU 45 45.0 MA 40 F, 3 5.3 E -5.2 (3,531) (2,187) (883) 20 Windle 84,9-86.Q 1.9 2-LfU 45 45.0 WA 49.5 39.3 Ct -1.2 (378) 2711 157 20 Plantali-n 86.0-91.5) 5.8 2-L!U 35J45 43.0 5.9 32.6 34.7 'C 2.0 1,921 3,524 3,266 22 lfaverniier(J1.5-�99�') 9 0 4-LfID 45150 47 2 3-1 396 49.4 A 9.8 12,983 15,5GO 84876 23 Key L,ago(99.5-1Q6.0) 6.8 4-LfID 45 45.0 5.4 35. 45.0 A 9.9 91,148 13.095 8,333 24 Cross(106.0-112.6 6.2 2-LfU 46155 51A WA 4.5 49.1 'C 2.2 2,259 4,6118 5,852'. U) Gverall IQ8.3 45.0 45.5 'C 0.5 NIA. 0 3 a 4 As additional development has been approved since the adoption of the 2021 ATTDS,additional segments 0 5 and the overall capacity of US1 continue to be further constrained. Therefore, Staff must consider and 6 evaluate the impact of proposed LDC text amendment may further impact traffic concurrency within B 7 Monroe County. 2 8 9 The Traffic Impact Statement(the"TIS") dated March 19, 2022 and completed by KBP Consulting, Inc., 10 was reviewed by the County's consultant. The TIS indicates a future development of sic (6)mobile homes 11 and 40 multifamily affordable dwelling units. The proposed increase in density would result in 12 approximately 283 daily trips, an increase of 69 trips from the existing approved maximum development. Ui 13 to U Go CD e (D E L As of October 13,2022,there are 2,657 reserve trips available in Segment 6 with a potential remaining capacity of 2,219 trips. SR PC 10.26.22 Page 11 of 20 File 2022-084 Packet Pg.4223 Table 1 Coco Pahns Trip Generation Arwhy k Overseas I ighway/US I C'Midlae Key 14 kirlda (D E Dall a1151 Pen k Hour Trips IM Peak Hour TH Land Ike w. Size (D In Out 1,04W In 0 tit Totall E 1Wssing < Ylkobih�,Hocnc 17 EAJ 118 1 6 7 6 4 10 CL Ll L±Llki 1 16 DU Q6 5 0) 5 3 8 (D suf�-Tbfitl 33 Di 214 2 11 13 it 1-8 > U) Pmoposed r_ (D Mobile limnes 6 DU 42 0 22 21 1 *0 DIIJ �24 4 U 16 3 7 20 ...........22L., ........ E. ... ............................Sub-Tota 11 46 Du 1&1 4 14 18 15 8 E 11,111,11-1-111,111— 11___11_______11_1 0 MR,rctwc(Fropostif-Exisfing) 6,9 2 3 1 5 L) U Sourcnv, 111, lop 'kho"ea I Ohh Edkk'oa , 0 CL (D 2 3 A. The proposed amendment is consistent with the Monroe County 2030 Comprehensive Plan. 4 Specifically: 0 0 5 0U 6 Goal 10 1: Monroe County shall manage future growth to enhance the quality of life,ensure the safety of County 7 residents and visitors, and protect valuable natural resources. 8 0 9 Objective 101.3 :r U) 10 Monroe County shall regulate new residential development based upon the finite carrying capacity of the natural Ea) 11 and man-made systems and the growth capacity while maintaining a maximum hurricane evacuation clearance 0 12 time of 24 hours. as 13 14 Policy 101.3.3 0 15 Monroe County shall allocate at least 20% of the annual allocation, or as may be established by the State of 2 C14 16 Florida, pursuant to Administration Commission Rules, to affordable housing units as part of ROGO. Any C14 17 portion of the allocations not used for affordable housing shall be retained and be made available for affordable 18 housing from ROGO year to ROGO year.Affordable housing eligible for this separate allocation shall meet the 19 criteria specified in Policy 601.1.4 and the Land Development Code,but shall not be subject to the competitive 20 Residential Permit Allocation and Point System in Policy 101.6.4. Any parcel proposed for affordable housing 21 shall not be located within an area designated as Tier I as set forth under Goal 105 or within a Tier 111-A Special U U 22 Protection Area as set forth in Policy 205.1.1. 0 23 24 Objective 101.5 25 Monroe County shall regulate future development and redevelopment to maintain and enhance the character of C14 C14 26 the community and protect natural resources by providing for the compatible distribution of land uses consistent CD C14 27 with the designations shown on the Future Land Use Map. 28 as E 29 Policy 101.5.26 30 In order to continue to implement the Florida Keys Carrying Capacity Study,Monroe County shall promote the M 31 reduction in overall County residential density and the preservation of Monroe County's native habitat by < 32 enacting legislation which implements the following policy statements for private applications for future land SR PC 10.26.22 Page 12 of 20 File 2022-084 Packet Pg.4224 S.1.b I use map amendments which increase allowable residential allocated density.Private application(s)means those 2 applications from private entities with ownership of the upland development and parcel(s) of land or includes 3 private upland development on County-owned land. 4 5 Private applications requesting future land use map designation amendments received after the effective date E 6 of this ordinance (Nov. 20, 2012), which propose increases in allocated residential density shall be required, a� 7 upon amendment approval,to comply with either option (1) or(2)below:... 8 9 Goal 102: Monroe County shall direct future growth to lands which are most suitable for development and shall 2 10 encourage conservation and protection of environmentally sensitive lands (wetlands, beach berm and tropical 0 11 hardwood hammock). 2: U) 12 13 Goal 601: Monroe County shall adopt programs and policies to facilitate access by residents to adequate and 14 affordable housing that is safe,decent, and structurally sound, and that meets the needs of the population based C, 15 on type, tenure characteristics,unit size and individual preferences. 0 16 U 17 Policy 601.1.4 2 18 All affordable housing projects which receive development benefits from Monroe County, including but not 0 19 limited to ROGO allocation award(s) reserved for affordable housing, maximum net density, or donations of 20 land, shall be required to maintain the pro]ect as affordable for a period of 99 years pursuant to deed restrictions M 21 or other mechanisms specified in the Land Development Code, and administered by Monroe County or the 22 Monroe County Housing Authority. 0 23 0 24 Policy 601.1.8 U U) 25 Monroe County shall allocate at least 20% of the annual ROGO allocation, or as may be established by the 26 State of Florida, pursuant to Administration Commission Rules, to affordable housing units, as specified in 27 Policy 101.3.3. Affordable housing eligible for this separate allocation must meet the criteria established in the 0 28 Land Development Code. U) 29 E 30 Policy 601.1.9 X 31 Monroe County shall maintain land development regulations which may include density bonuses, impact fee 2 32 waiver programs, and other possible regulations to encourage affordable housing. 0 33 2 34 B. The proposed amendment is consistent with consistent with the Lower Keys Livable N 35 Communikeys Plan. Specifically: 36 37 Objective 1.2 38 Monroe County shall continue to use the Land Use District Map and Future Land Use Map categories to regulate i 39 land use by type, density, and intensity. U 40 0 41 Policy Item 1.2.1: Monroe County shall continue to recognize the FLUM categories and land use districts asi 42 the primary regulatory tools for evaluating development proposals. 00 43 c14 44 Policy Item 1.2.2: Monroe County shall continue to implement the Florida Keys Area of State Critical Concern `14 c14 45 and height restriction policies specified within the Monroe County Comprehensive Plan and the Monroe County 4, 46 Land Development Code. 47 E 48 Objective 4.2 49 Monroe County shall encourage affordable and workforce housing in areas identified appropriate for higher 50 intensity commercial,mixed-use, and residential development. SR PC 10.26.22 Page 13 of 20 File 2022-084 Packet Pg.4225 S.1.b 1 2 C. The amendment is consistent with the Principles for Guiding Development for the Florida Keys 3 Area, Section 380.0552(7), Florida Statutes. 4 5 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with the 6 principles for guiding development and any amendments to the principles, the principles shall be construed as 7 a whole and no specific provision shall be construed or applied in isolation 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. U+ 12 (b) Protecting shoreline and benthic resources,including mangroves, coral reef formations, seagrass beds, 13 wetlands, fish and wildlife, and their habitat. 2 CL 14 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical 15 vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife, and U 16 their habitat. 17 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic 6 18 development. 0- 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 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. 0 23 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed major 0 t3 24 public investments,including: 25 26 1. The Florida Keys Aqueduct and water supply facilities; 27 2. Sewage collection, treatment, and disposal facilities; 28 3. Solid waste treatment, collection, and disposal facilities; 0 29 4. Key West Naval Air Station and other military facilities; 0 30 5. Transportation facilities; X 31 6. Federal parks,wildlife refuges, and marine sanctuaries; 32 7. State parks,recreation facilities, aquatic preserves, and other publicly owned properties; 0 33 8. City electric service and the Florida Keys Electric Co-op; and 2 34 9. Other utilities, as appropriate. N 35 Ui 36 (1) Protecting and improving water quality by providing for the construction,operation, maintenance, and 37 replacement of stormwater management facilities; central sewage collection; treatment and disposal 38 facilities; and the installation and proper operation and maintenance of onsite sewage treatment and i 39 disposal systems. U 40 (j) Ensuring the improvement of nearshore water quality by requiring the construction and operation of 0 41 wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and 403.086(10), asi 42 applicable, and by directing growth to areas served by central wastewater treatment facilities through 00 43 permit allocation systems. C14 44 (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida Keys. Q 45 (1) Making available adequate affordable housing for all sectors of the population of the Florida Keys. 46 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of a natural 0 47 or manmade disaster and for a postdisaster reconstruction plan. E 48 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining the 49 Florida Keys as a unique Florida resource. 50 SR PC 10.26.22 Page 14 of 20 File 2022-084 Packet Pg.4226 S.1.b I Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent with the 2 Principles for Guiding Development as a whole and is not inconsistent with any Principle. 3 4 D. The proposed amendment is consistent with the Part II of Chapter 163,Florida Statute(F.S.). 5 Specifically: 6 ass 7 163.3161(4),F.S.—It is the intent of this act that local governments have the ability to preserve and enhance present 8 advantages; encourage the most appropriate use of land,water,and resources,consistent with the public interest; 9 overcome present handicaps; and deal effectively with future problems that may result from the use and CL 10 development of land within their jurisdictions.Through the process of comprehensive planning,it is intended that 11 units of local government can preserve,promote,protect, and improve the public health, safety, comfort, good 2: U) 12 order,appearance,convenience,law enforcement and fire prevention,and general welfare;facilitate the adequate a� 13 and efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing, and 14 other requirements and services; and conserve, develop, utilize, and protect natural resources within their CL 15 jurisdictions. E 16 U 17 163.3161(6), F.S. —It is the intent of this act that adopted comprehensive plans shall have the legal status set out in 18 this act and that no public or private development shall be permitted except in conformity with comprehensive 19 plans,or elements or portions thereof,prepared and adopted in conformity with this act. CL 20 21 163.3177(1),F.S.—The comprehensive plan shall provide the principles,guidelines,standards,and strategies for the 22 orderly and balanced future economic, social, physical, environmental, and fiscal development of the area that 23 reflects community commitments to implement the plan and its elements. These principles and strategies shall 24 guide future decisions in a consistent manner and shall contain programs and activities to ensure comprehensive U 25 plans are implemented.The sections of the comprehensive plan containing the principles and strategies,generally U 26 provided as goals, objectives, and policies, shall describe how the local government's programs, activities, and U 27 land development regulations will be initiated,modified,or continued to implement the comprehensive plan in a S 28 consistent manner. It is not the intent of this part to require the inclusion of implementing regulations in the M 0 29 comprehensive plan but rather to require identification of those programs, activities, and land development 30 regulations that will be part of the strategy for implementing the comprehensive plan and the principles that U) 31 describe how the programs, activities, and land development regulations will be carried out. The plan shall E 32 establish meaningful and predictable standards for the use and development of land and provide meaningful M 33 guidelines for the content of more detailed land development and use regulations. 2 34 35 163.3187 Process for adoption of small scale comprehensive plan amendment.- 36 (1) A small scale development amendment may be adopted under the following conditions: C14 37 (a) The proposed amendment involves a use of 50 acres or fewer and: LO 38 (b) The proposed amendment does not involve a text change to the goals,policies, and objectives of the local 39 government's comprehensive plan,but only proposes a land use change to the future land use map for a site- 40 specific small scale development activity. However, text changes that relate directly to, and are adopted 41 simultaneously with,the small scale future land use map amendment shall be permissible under this section. 42 (c) The property that is the subject of the proposed amendment is not located within an area of critical state U 43 concern, unless the project subject to the proposed amendment involves the construction of affordable U 44 housing units meeting the criteria of s. 420.0004(3), and is located within an area of critical state concern M 45 designated by s.380.0552 or by the Administration Commission pursuant to s. 380.05(1). 00 46 (2) Small scale development amendments adopted pursuant to this section require only one public hearing 9 47 before the governing board,which shall be an adoption hearing as described in s. 163.3184(11). � 48 (3) If the small scale development amendment involves a site within a rural area of opportunity as defined under Q 49 s.288.0656(2)(d) for the duration of such designation, the acreage limit listed in subsection (1) shall be 50 increased by 100 percent. The local government approving the small scale plan amendment shall certify to 0 51 the state land planning agency that the plan amendment furthers the economic objectives set forth in the E 52 executive order issued under s. 288.0656(7), and the property subject to the plan amendment shall undergo 53 public review to ensure that all concurrency requirements and federal,state,and local environmental permit 54 requirements are met. SR PC 10.26.22 Page 15 of 20 File 2022-084 Packet Pg.4227 S.1.b 1 (4) Comprehensive plans may only be amended in such away as to preserve the internal consistency of the plan 2 pursuant to s. 163.3177.Corrections,updates,or modifications of current costs which were set out as part of 3 the comprehensive plan shall not,for the purposes of this act,be deemed to be amendments. 4 (5)(a) Any affected person may file a petition with the Division of Administrative Hearings pursuant to 5 ss. 120.569 and 120.57 to request a hearing to challenge the compliance of a small scale development E 6 amendment with this act within 30 days following the local government's adoption of the amendment and 7 shall serve a copy of the petition on the local government.An administrative law judge shall hold a hearing 8 in the affected jurisdiction not less than 30 days nor more than 60 days following the filing of a petition and 9 the assignment of an administrative law judge.The parties to a hearing held pursuant to this subsection shall 10 be the petitioner,the local government, and any intervenor. In the proceeding,the plan amendment shall be CL 11 determined to be in compliance if the local government's determination that the small scale development 0 12 amendment is in compliance is fairly debatable. The state land planning agency may not intervene in any 2: U) 13 proceeding initiated pursuant to this section. a� 14 (b)l. If the administrative law judge recommends that the small scale development amendment be found not in 15 compliance, the administrative law judge shall submit the recommended order to the Administration CL 16 Commission for final agency action. If the administrative law judge recommends that the small scale E 17 development amendment be found in compliance, the administrative law judge shall submit the U 18 recommended order to the state land planning agency. 19 2. If the state land planning agency determines that the plan amendment is not in compliance,the agency shall 20 submit,within 30 days following its receipt,the recommended order to the Administration Commission for CL 21 final agency action.If the state land planning agency determines that the plan amendment is in compliance, 22 the agency shall enter a final order within 30 days following its receipt of the recommended order. 23 (c) Small scale development amendments may not become effective until 31 days after adoption.If challenged 24 within 30 days after adoption,small scale development amendments may not become effective until the state 25 land planning agency or the Administration Commission,respectively,issues a final order determining that U 26 the adopted small scale development amendment is in compliance. U 27 (d) In all challenges under this subsection,when a determination of compliance as defined in s. 163.3184(1)(b) U 28 is made, consideration shall be given to the plan amendment as a whole and whether the plan amendment S 29 furthers the intent of this part. 2 30 X 31 163.3201,F.S.—Relationship of comprehensive plan to exercise of land development regulatory authority.—It is the U) 32 intent of this act that adopted comprehensive plans or elements thereof shall be implemented, in part, by the E 33 adoption and enforcement of appropriate local regulations on the development of lands and waters within an area. 34 It is the intent of this act that the adoption and enforcement by a governing body of regulations for the development 2 35 of land or the adoption and enforcement by a governing body of a land development code for an area shall be 0 36 based on,be related to,and be a means of implementation for an adopted comprehensive plan as required by this 2 37 act. C14 38 LO 39 V. STAFF-RECOMMENDED CHANGES TO PROPOSED AMENDMENT 40 i 41 The Applicant's proposed text, as submitted on June 9, 2022, is shown as follows: additions are in bh,ie 42 t.videfl ne., deletions are in Staff edits are show as follows: additions are in red U 43 underline and deletions are in Feel illFo llgk.. 0 4400 45 OBJECTIVE 1071: ESTABLISH SUB-AREA POLICIES. 46 Monroe County shall coordinate land use with the elements of the Comprehensive Plan through Future N 47 Land Use Element subarea policies solely applicable to a specific geographic area. These N 48 subarea policies identify parcels of land that require narrowly-tailored regulation in order to confine 49 development potential to an area or extent less than the maximum development potential allowed by its E 50 underlying Future Land Use Map category. The development parameters established for each subarea 51 shall be based either on an inventory of uses and facilities established on the parcel or by data and analysis < 52 supporting the specific subarea limitations. Environmentally sensitive areas shall be preserved through SR PC 10.26.22 Page 16 of 20 File 2022-084 Packet Pg.4228 S.1.b I the application of such methods as conservation easements that require mandatory eradication of exotic 2 invasive vegetation. (Ord. No. 023-2011) 3 4 Policy 1071.7: Coco Palms Affordable Housing Subarea 5 The purpose of Coco Palms Affordable Housing Subarea is to implement applicable goals, objectives, 6 and policies of the Comprehensive Plan to promote and facilitate development of affordable housing to 7 meet the needs of Monroe County. 8 9 4. Boundary. The Coco Palms Affordable Housing Subarea shall include the upland portion of the 10 property having Real Estate Number 00174960-000000, which consists of approximately 2.30 U) 11 acres of upland, and is legally described as follows (upland portion): 12 2 CL 13 LEGAL DESCRIPTION (Upland): 14 U 15 A portion of Lot 30 Sacarma a subdivision of Government Lots 3 and 4 in Section 29, Township 16 66 South, Range 28 East, Cudjoe Key, Monroe County, Florida, recorded in Plat Book 2, Page 48 0 17 of the Public Records of Monroe County, Florida, and being more particularly described as 18 follows: BEGIN at the Southwest corner of said Lot 30;thence N 00°28'49" W along the Westerly 19 Line of said Lot 30 for a distance of 431.51 feet; thence N 49°54'16" E a distance of 6.89 feet; 20 thence N 62°43'59" E a distance of 17.84 feet: thence N 74°45'27" E for a distance of 25.07 feet; 0 21 thence N 52'36'11" E for a distance of 6.04 feet;thence N 18°29'29" E for a distance of 10.62 feet; 0 22 thence N 13°02'59" E for a distance of 26.10 feet; thence N 51°09'27" E for a distance of 8.57 U) 23 feet'; thence N 76°25'20" E for a distance of 49.23 feet; thence N 83°33'07" E for a distance of 24 20.97 feet; thence N 71°51'34" E for a distance of 29.93 feet; thence S 75°26'35" E for a distance 25 of 8.32 feet; thence S 36'22'15" E for a distance of 16.80 feet; thence S 12°41'l l" E for a distance X 26 of 31.84 feet;thence S 13°57'59" E for a distance of 38.49 feet;thence S 26°21'12" E for a distance 0 27 of 5.72 feet to the Easterly Line of said Lot 30; thence S 00°28'49" E along the said Easterly Line 0 28 of said Lot 30 for a distance of 464.64 feet to the Southeast corner of said Lot 30; thence N as 29 79°07'38" W along the South Line of said Lot 30 (also being the Northerly Right-of-Way Line of 30 Old State Road 4A) for a distance of 91.48 feet to a point of curvature of a curve concave to the 2 31 South; thence in a Westerly direction along the curve, having a radius of 2025.86 feet; a Central N 32 angle of 03°09'58", a chord bearing of N 80°42'37" W and a chord length of 111.93 feet, for an LO 33 arc distance of 111.95 feet to the Point of Beginning. Containing 100,371 sq. ft. or 2.3 Acres,more 34 or less. U i U 00 N c� c� c� SR PC 10.26.22 Page 17 of 20 File 2022-084 Packet Pg.4229 S.1.b 001749& -000 00 - - i E IT CL� - C udjoe Key E Fmil e Marker 22 ; U 1 � 02 2 5. Land Use Designations. The Coco Palms Affordable Housing Subarea shall be subject to all g pp � i�Wi� �� 1N 1 I� l 1!-1J Future Land 0 3 regulations ations applicable e to the ��� i.� ����� �- ����� ��� �- 1 � 4 Use Map designation and the Res i eiritllal.. ]T).Land Use � 5 District (Zoning) category, as well as the additional restrictions set forth in this Policy. Where 0 6 conflicts may arise, the specific restriction in this Sub Area Policy shall supersede the general 0 7 criteria applicable to the underlying Future Land Use designation and Land Use District(Zoning) U) 8 Category. In no case shall the subarea policy allow development potential greater than the 9 underlying FLUM category or Land Use (Zoning) District. 0 10 U) 11 6. Density Provisions. 12 � 13 a. For consistency with Policy 101.5.26, in order to implement the Florida Keys Carrying 2 14 Capacity Study and maintain the overall County allocated density and the preservation of 0 15 native habitat, the allocated density for the Coco Palms Affordable Housing Subarea shall 16 be zero (0). It- 17 b. There shall be no maximum net density standard available for market-rate dwelling units 18 or transient units. 19 C. The maximum floor area ratio (F.A.R.) for all nonresidential uses within the subarea shall Ui 20 be zero. U 0 21 d. In accordance with Policy 101.5.25, the following density and intensity standards shall be00 i 22 applicable to the Coco Palms Affordable Housing Subarea. 9 N 23 N N Estimated Maximum Development Potential Land Use Allocated Maximum Gross Open Buildable Development E Density Net Density Upland Area Space Area Potential of Site Ratio Market Rate 0 du/acre N/A N/A N/A N/A Odu/acre Dwelling Units SR PC 10.26.22 Page 18 of 20 File 2022-084 Packet Pg.4230 S.1.b Affordable 0 du/acre i.8 2.30 acres* 0.20 1.84 (hip h. Dwelling Units d+ dWe d 6 c(c 1 Rc;.fe a� r(ci FrcEilr(,,Fr1� E Transient Units 0 du/acre 0 du/acre N/A N/A N/A 0 du/acre Nonresidential 0.0 FAR N/A N/A N/A N/A 0 sf Uses U) 1 *44' 4G44 101,958 sf(2.3 acres)per survey by ., 2 424547 Eric Isaacs, Florida Keys Land Surveying, dated 09/20/2022. a 3 5. Only the land uses listed below shall be permitted within the Coco Palms Affordable Housing U 4 Subarea. 5 a. Permitted as of right. 6 1. I)ee �cficcl itvicliecl or.detached affordable we ingumts ugco...cugg e�s a �l: i. 7 sux �,l� ts., &s, gp lte(� as employee housing as provided for in LDC Section 139-1; 8 ii. Accessory Uses; 9 iii. Replacement of deed-restricted affordable dwelling units (mobile homes) which U 10 are as of the effective date of this Policy subject to Chapter 723, Florida Statutes, U U) 11 in the event of substantial damage or destruction, for so long as such deed- 12 restricted affordable dwelling units (mobile homes)are subject to Ch.723,Florida 0 13 Statutes; and X 14 iv. Non-conforming mobile homes existing as of the date of this policy may remain 15 so long as they are not substantially damaged or destroyed. All current occupants 0 X 16 may remain under their current leases. Upon expiration of any mobile home lease 2 17 in order to obtain a new lease, the tenant(s) must meet the qualifications for 0 18 affordable employee housing. 2 19 b. Permitted as a minor conditional use subject to the standards and procedures set forth in 20 the Monroe County Land Development Code Chapter 110, Article III. 21 i. Attached or&mclie(;�,.dwellings uuivoMulg.�ux to 18 mJts,,, designated as employee s 22 housing as provided for in LDC Section 139-1. u 24 c. �rui�rr�rc or ➢V'VY &IVI4Im� ��ruafi �r�fl ° VI� fic 1 1 G���.� ��fiuc� �iiirc � �;�rrfi...:d�r�fi .:.P.... 25 Atmcliecl or clemcliecl1gc utic��Vcu �g a ���c fillI'm 18 P:: l� ts' ..clesugp'ltecl pis00 26 giip�Qygg LQijj utig Is prQy� clecl for ug LI)C gccfiioti 139 27 d. Permitted and Conditional use limitations. N 28 i. All residential units constructed within the subarea shall be deed-restricted N 29 affordable in accordance with Policy 601.1.4; 30 ii. No market-rate housing shall be allocated,assigned,transferred to the Coco Palms E 31 Affordable Housing Subarea, or otherwise developed within the Coco Palms 32 Affordable Housing Subarea; SR PC 10.26.22 Page 19 of 20 File 2022-084 Packet Pg.4231 S.1.b I iii. Properties within the Coco Palms Affordable Housing Subarea shall not be 2 eligible sender sites for affordable housing ROGO exemptions or TREs; 3 iv. No other residential or nonresidential uses shall be permitted within the subarea; 4 and 5 v. All new residential units developed within the subarea shall be subject to the C a� p y p consist� GO w un is the resultin denµ atl�-�- -�1� 1�e� �x n 4t4 units shall cµ.�4��im��.�.1. 6 R 8 a maximum of !aRj11 -.L(!gjE (24)moderate income 9 (1111)median income and 11) low-income affordable allocations. �i� (1 new employee housing units are developed, C 10 Once the 4d�-�-���r�--(-4-�'�. �14��im�� 11 the affordable housing income restrictions may be reconfigured within the 12 property so as to ensure occupant(s) can meet the income requirements for the C. 13 unit occupied. 0 U 14 15 0 16 17 18 VI. PROCESS 19 0 20 Comprehensive Plan Amendments may be proposed by the Board of County Commissioners,the Planning 0 21 Commission, the Director of Planning, or the owner or other person having a contractual interest in U) 22 property to be affected by a proposed amendment. The Director of Planning shall review and process 23 applications as they are received and pass them onto the Development Review Committee and the 24 Planning Commission. X 25 u 26 The Planning Commission shall hold at least one public hearing. The Planning Commission shall review 0 27 the application, the reports and recommendations of the Department of Planning & Environmental 28 Resources and the Development Review Committee and the testimony given at the public hearing. The 29 Planning Commission shall submit its recommendations and findings to the Board of County 2 30 Commissioners (BOCC). For a small-scale comprehensive plan amendment, pursuant to Section N 31 163.3187, F.S., the BOCC holds one public hearing to consider the adoption of the proposed LO 32 comprehensive plan amendment, and considers the staff report, staff recommendation, and the testimony 33 given at the public hearing. 34 i 35 The proposed FLUM amendment and associated LUD and text amendments were reviewed by the Monroe U 36 County Development Review Committee at a public meeting on August 23, 2022 and was recommended 0 37 for approval through DRC Resolution 11-22. The Planning Commission considered the proposed text 114tI 00 38 amendment at apublic hearing on October 26,2022.At the October 26,2022 meeting,following review 9 39 of the proposal and input from the public, the Planning Commission adopted Resolution P30-22, N 40 recommending approval with staffs recommended edits during the hearing. cN 41 a� 42 VIII. STAFF RECOMMENDATION �E 43 44 With the changes as stated in this staff report, staff recommends approval of the proposed amendment 45 amending Policy 107.1.7. SR PC 10.26.22 Page 20 of 20 File 2022-084 Packet Pg.4232 • 1 1 rP _ ropomd,FLUXT De3igniatio n. P �1 N , VVVVVV�� 1i� i Sw„ n r f �'rc� a�e�]�aznd LDs� �m�imr T.1�r�trro�t IIIIIIIII�� ����"�`���` � � J uuuuuuui� ���� �j�� r� ,r � „ tip. /i �'��,r�m ii.,;ji 1�� � ��i" � � � � � • � • I 0 r / r i / Aq/ U III' J F � I r . � �➢ 6 /r f S r. a i i )Vhg 21585 Old State Road 4A Cu�joe Key, Florida / i Y 11 ( j f � ,H%r� f„ � a, 1 N' L • Location: MM 22, Cudjoe Key • Physical Address: 21585 Overseas Highway • Parcel ID Numbers: 00174960-000000 • Size of Affected Portion of Property: 2.34 upland acres • FLUM Designations: Mixed-Use Commercial (MC) • Land Use Districts: Suburban Commercial (SC) • Tier Designation: Tier III • Flood Zones: AE 10 r SMALL SCALE AMENDMENT Future Land * • amendment will amend the approximately l�ll 2.3 acres of upland area from Mixed Use Commercialto Residential High ("RH"). f J As V a small scale FLUM amendment pursuant to Section 163.3187of Floridathe / " VVVVVV,➢VVIVIIVIIVIIVIIVIIVIIVIIVIIVIIVIIVIIVIIVIIIIIIIVIIIIIIIII u uuuuuuu �; um IuVVVVVV r%r LAND USE DISTRICT (ZONING ) MAP T: LUD Amendment w approximatelyacres of upland area currently within the Suburban Commercialzoning district to Urban Residential ("UR"). i i r U rt I �7ljl�r di ,iurJrr; t ; r r r .� ✓ ,, 1/f f a `� �✓ <,,,,,n pi� yyJypF y'p'r 1 r/t j A Any r Pn I J ! / j ��✓�^�p "r^ynyvr�r � �✓n{�Y���"�I������IY"i��V 1�� +' �� �'r. �� � �, ,,, 6���N,,��mmm�rprr^r✓z m,;,,,,�^Nr91nf Y. r I s, r w � ! 1 &�✓F��P',7?�F �pk '�v,t ° i', r ! i � n �Pp'9, �p 6� � � p /i"u� � �h�3 ',Un m r ✓ l i IIIII i ✓ l d d ' w p 1 ✓ rmp��✓?rnr a�p it � � ✓, � � , - � v �i,p�, �� NA u r ✓ i f / all. 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IF',r��`� �✓� �w��'�� �`aY vta,F.11�"n,P��„ v,��N"f/�r���mr�kw�,✓i,?;a'd. !P�w,�� a���9- ,.����,�,���e�,IRr i„F r.�, 4«k�„6 .� �dr!, ,, �„o�✓~vt, w.n ~ mm �. µ o 4 l i, tl am II�YIu I�YIYIii��§ Vi i V n CORRESPONDING ........... COMPREHENSIVE PLAN TEXTAMENDMENT. language contained in Policy 107. 1.7 wro�� r j "CocoPalms • ! . !' r Housing housingSubarea" to allow additional Deed- Restricted affordable I ----- ... . .... .... .. --- -- ---- ---- ---- -- -- ---- ---- ---- ---- ........-q , ... .... .... . `7 77- Fill" 17---------- ........... Iif F", ........... 01 15 4� 71 .............. .......... ........ ---- ------ - - - . ..... ...... . --- ---------- ---- . ....... .. AFFORDABLE HOUSING: The Proposed amendments would permit up to 46 Deed-Restricted Affordable dwelling units. Currently Property has 17 Mobile Homes and 16 Deed-Restricted Affordable Housing Units Applicant is seeking redevelopment of existing Mobile Homes into attached Affordable dwelling units. Estimated Maximum Development Potential Land Use Allocated Maximum Net Gross Upland Open Buildable Development Density Density Area of Site Space Area Potential Ratio Market Rate 0 du/acre N/A N/A N/A N/A Odu/acre Dwelling Units Affordable 0 du/acre 8�� 2.30 acres* 0.20 1.84 g �. Dwe in Units �. �6 ���' „ ::I QTf Transient Units 0 du/acre 0 du/acre N/A N/A N/A 0 du/acre Nonresidential Uses 0.0 FAR N/A N/A N/A N/A 0 sf In order to accomplish the ultimate goal of providing additional desperately needed affordable •' • units in PropertyMonroe County, the amended language Development contained in the Sub-Area policy will: Allowed 0 Continue to limit the permissible uses on the • affordable Amendments : dwelling units, and accessory uses; _, Provide the maximum Development dwellingpotential fo r affordable housing ago permitted on Property. W W 1 1 / ADDITIONAL TtAPPLICATIONS REQUIRED : * Major Con itional Use r �!Y it rwr,Ig�IYiur 4 1 �(r i� s Approval ............ r �J / f F ��� i �� .,,, �� I ���,, j ��%� � � ,,,, ���� ,ul ������� � wMM �i,%, ��� % � � �� �� // i /,,, . ;,,� �� �������11��N� ��% �;� � �� r � ,���� �li�� � �� ji9��l illoilo�r q �� ��, I D�� �� ���� �� ,,����„> i � I�i'''!�'��'� "11414VIIi�V!II!i���A;, �,, ;,,�, ��®