Item S02 S.2
Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS
�� Mayor David Rice,District 4
The Florida Keys � Mayor Pro Tem Craig Cates,District 1
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.2
Agenda Item Summary #11309
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, Amending the Monroe County Future Land Use Map from Mixed Use / Commercial
(MC) to Residential High (RH) for a Portion of Property Located at 21585 Old State Road 4A,
Cudjoe Key, as proposed by Smith Hawks, PL, On Behalf of Mobile Homes Holdings Coco, LLC;
Contingent Upon Adoption and Effectiveness of Amendment to Subarea Policy 107.1.7 of the
Comprehensive Plan to Provide Limitation on Development and Specific Restrictions on the Subject
Property.
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 Future Land Use
Map ("FLUM") from Mixed Use / Commercial ("MC") to Residential High ("RH") for a portion of
property located at 21585 Old State Road 4A on Cudjoe Key ("subject property" or the "property").
The Applicant has also requested a corresponding Land Use District ("LUD") map amendment for
the Property from Suburban Commercial ("SC") to Urban Residential ("UR") and a Comprehensive
Plan ("Comp. Plan" or "CP") text amendment to amend Comp. Plan Policy 107.1.7 that 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 to a proposed total of forty-six (46)
affordable employee housing dwelling units. The existing development restrictions on the property,
including a limitation that the only permitted use on the property would be affordable housing and
accessory uses, would remain. The proposed subarea policy and FLUM amendment would be
processed as "small-scale comprehensive plan amendments" pursuant to Florida Statutes §
163.3187, based upon the size of the site and the limitation of development to affordable housing.
The Property currently has Land Use District designations of Suburban Commercial ("SC") and
Native Area ("NA") and FLUM designations of Mixed Use/Commercial ("MC") and Residential
Conservation ("RC").
The property is currently developed with seventeen (17) mobile homes and sixteen (16) multifamily
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deed restricted affordable dwelling units. In the shoreline area of the Property, there is mangrove
habitat (based upon the Department's Geographic Information Systems ("GIS") habitat data). A
vegetation survey/existing conditions report was not submitted with the application to confirm the
habitats.
The Applicant is also requesting a text amendment to the Monroe County Comprehensive Plan to
amend the site specific subarea policy to accompany this Future Land Use Map ("FLUM")
amendment for a portion of the property from Mixed Use/ Commercial ("MC") to Residential High
("RH") and a proposed Land Use District ("LUD") Map amendment for a portion of the property
from Suburban Commercial ("SC")to Urban Residential ("UR").
The Applicant states that the reason for the proposed amendments is to address the need of more
affordable housing in Monroe County. 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 the 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 (Monroe County Planning and Environmental Resources Department File No.
2022-085).
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") directing the AHAC to recommend steps the County may take to address the need for
more workforce housing options. The AHAC's recommendations were presented 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 in the
county.
This amendment is being proposed as a small scale amendment. Florida Statutes § Section 163.3187,
excerpted below, establishes the process for adoption of a small-scale comprehensive plan
amendment and provides the limitations and requirements.
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(1) A small scale development amendment may be adopted under the following conditions:
(a) The proposed amendment involves a use of 50 acres or fewer and:
(b) The proposed amendment does not involve a text change to the goals, policies, and objectives
of the local government's comprehensive plan, but only proposes a land use change to the future
land use map for a site-specific small scale development activity. However, text changes that relate
directly to, and are adopted simultaneously with, the small scale future land use map
amendment shall be permissible under this section.
(c) The property that is the subject of the proposed amendment is not located within an area of
critical state concern, unless the project subject to the proposed amendment involves the
construction of affordable housing units meeting the criteria of s. 420.0004(3), and is located
within an area of critical state concern designated by s. 380.0552 or by the Administration
Commission pursuant to s. 380.05(1).
(2) Small scale development amendments adopted pursuant to this section require only one public
hearing before the governing board, which shall be an adoption hearing as described in s.
163.3184(11).
(4) Comprehensive plans may only be amended in such a way as to preserve the internal
consistency of the plan pursuant to s. 163.3177. Corrections, updates, or modifications of current
costs which were set out as part of the comprehensive plan shall not, for the purposes of this act, be
deemed to be amendments.
(Emphasis supplied).
In accordance with Monroe County Land Development Code ("LDC" or "Code") Sections 102-
158(a) and 102-159(b), a community meeting is required to discuss the proposed Future Land Use
Map ("FLUM") amendment and corresponding proposed Land Use District ("LUD") Map
amendment, and provide for public participation. 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.
Maximum Density and Intensity by Future Land Use Map Designation
The table below provides a comparison of the development potential for residential, transient, and
commercial development of the existing Future Land Use Map ("FLUM") and established subarea
as compared to the amended FLUM and amended Policy 107.1.7, as proposed. Code Section 130-
156(b) states: "The density and intensity provisions set out in this section are intended to be applied
cumulatively so that no development shall exceed the total density limits of this article. For example,
if a development includes both residential and commercial development, the total gross amount of
development shall not exceed the cumulated permitted intensity of the parcel proposed for
development."
Maximum Development Potential with Subarea Policy (Current)
Land Use Allocated Maximum Gross Open Buildable I Development
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Density Net Density Upland Space Acre Potential
Area of Ratio
Site
Market Rate 0 du/acre N/A N/A N/A N/A 0 du/acre
Dwelling Units
Affordable 0 du/acre 18 2.30 0.20 1.84 33 du*
Dwelling Units du/buildable acres*
acre
Transient Units 1 0 du/acre 1 0 du/acre N/A N/A I N/A 1 0 du/acre
Nonresidential 0.0 FAR N/A N/A N/A N/A 0 sf
Uses
*100,359 sq. ft. (2.3 acres) per survey by Frederick H. Hildebrandt, Island Surveying, Inc., dated
12/5/17.
Maximum Development Potential with Subarea Policy (Proposed)
Market Rate 0 du/acre N/A N/A N/A N/A 0 du/acre
Dwelling Units
Affordable 0 du/acre 25 2.3 0.20 1.87 46 du*
Dwelling Units du/buildable acres**
acre
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
**101,958.1 sq. ft. (2.3 acres) of upland area per survey by Eric A. Isaacs of Florida Keys Land
Surveying, dated 9/20/2022
Residential Market Rate Allocated: n/a
Net Change in Development TDR/Market Rate Residential Max Net: n/a
Potential based on FLUM with
Amended Subarea Policy Affordable Residential Max Net: +13
Transient Allocated: n/a
Nonresidential: n/a
As shown in the orange portion of the table, the proposed FLUM amendment with the amended
Subarea Policy would result in an increase of thirteen (13) units in affordable residential
development potential. Approval of this FLUM amendment(and corresponding LUD amendment) is
contingent upon approval of the amended subarea policy (Department File No. 2022-084).
Any proposed new residential use would be subject to the requirements of Chapter 138 of the Land
Development Code related to the Residential Rate of Growth Ordinance (ROGO/NROGO) permit
process. Any proposed affordable dwelling units would need to obtain a ROGO allocation
(affordable ROGO allocations may be available)prior to issuance of a building permit.
Compliance with Comprehensive Plan Policy 101.5.26
Policy 101.5.26 (the "Discouragement Policy") of the Comprehensive Plan was adopted by the
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BOCC on September 21, 2012, with an effective date of November 20, 2012, and would apply to
this application for a FLUM amendment if it were not accompanied by the adopted Comprehensive
Plan Policy 107.1.7. Private applications which propose increases in allocated density must comply
with the requirements of the Discouragement Policy.
The existing Comprehensive Plan Policy 107.1.7 and the proposed text amendment(Department File
No. 2022-086) do not result in any increase to residential allocated density and therefore eliminate
the need to mitigate under the Discouragement Policy/CP Policy 101.5.26.
Compatibility with the Surrounding Area
a. Existing Vegetation/Habitat: Developed land; Mangrove habitat; Buttonwood habitat
b. Existing Tier Designation: III
c. Number of Listed Endangered or Threatened Species: Four
d. Existing Use: Seventeen (17) deed-restricted affordable mobile homes and sixteen (16) deed-
restricted attached dwelling units
e. Community Character of Immediate Vicinity: Mixed Use. Adjacent land uses include vacant
land to the west, open water to the north, commercial and residential uses to the east, and single-
family and multi-family residential uses to the south across U.S. Highway 1.
The proposed FLUM is not anticipated to adversely impact the community character of the
surrounding area.
Assuming the BOCC approves the concurrent Comprehensive Plan amendment and this proposed
FLUM amendment, the executed ordinances will be filed with the Secretary of State. Pursuant to
Florida Statutes § Section 163.3187, a small scale amendment may not become effective until 31
days after adoption and any affected person may pursuant to Florida Statutes §§ 120.569 and 120.57
file a petition with the 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.
Amendments to the Comprehensive Plan may be proposed by the Board of County Commissioners,
the Planning Commission, the Director of Planning, or the owner or other person having a
contractual interest in property to be affected by a proposed amendment. The Director of Planning
shall review and process applications as they are received and pass them onto the Development
Review Committee and the Planning Commission.
The Planning Commission shall hold at least one public hearing. The Planning Commission shall
review the application, the reports and recommendations of the Department of Planning &
Environmental Resources and the Development Review Committee and the testimony given at the
public hearing. The Planning Commission shall submit its recommendations and findings to the
Board of County Commissioners. For a small-scale Comprehensive Plan amendment, pursuant to
Section 163.3187, F.S., the BOCC holds one public hearing to consider the adoption of the proposed
comprehensive plan amendment, and considers the professional staff report, the professional staff
recommendation, and the testimony given at the public hearing.
The proposed FLUM amendment and associated LUD and text amendments were reviewed by the
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Monroe County Development Review Committee ("DRC") at a public meeting on August 23, 2022,
and was recommended for approval through DRC Resolution No. 11-22. The Monroe County
Planning Commission ("Planning Commission") considered the proposed text amendment at a
public hearing on October 26, 2022. At the October 26, 2022 meeting, following review of the
proposal and input from the public, the Planning Commission adopted Resolution No. P31-22,
recommending approval with the Department professional staff s recommended edits during the
hearing.
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. The CP 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 professional staff recommend approval of the proposed
amendment to the Monroe County Future Land Use Map as a small-scale comprehensive plan
amendment pursuant to Section 163.3187, Florida Statutes, from Mixed Use/ Commercial (MC)to
Residential High (RH) for the subject portion of property, as proposed by Smith Hawks, PL, on
behalf of Mobile Homes Holdings Coco, LLC; contingent upon the adoption and effectiveness of
amendment to Subarea Policy 107.1.7 of the Comprehensive Plan to provide limitation on
development and specific restrictions on the subject property.
DOCUMENTATION:
2022-085 BOCC SR 11.15.22
Ex.l FLUM 11 X 17 MHH Coco
Ex.2_2022-084 Text Amendment_Staff Edits
46760 Ordinance
Ex.l to_Ordinance_Map_MHH_Coco_FLUMv2
FINANCIAL IMPACT:
Effective Date: N/A
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Expiration Date: N/A
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Current Year Portion: N/A
Budgeted: N/A
Source of Funds:
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: N/A If yes, amount: N/A
Grant: N/A
County Match: N/A
Insurance Required: N/A
Additional Details: N/A
REVIEWED BY:
Cheryl Cioffari Completed 10/26/2022 6:06 PM
Emily Schemper Completed 10/28/2022 12:39 PM
Peter Morris Completed 10/29/2022 3:47 AM
Purchasing Completed 10/29/2022 6:34 PM
Budget and Finance Completed 10/30/2022 11:29 AM
Brian Bradley Completed 10/31/2022 10:24 AM
Lindsey Ballard Completed 10/31/2022 2:47 PM
Board of County Commissioners Pending 11/15/2022 9:00 AM
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3
4m.ww
5 MEMORANDUM
6 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
7 We strive to be caring,professional and fair
8 u
9 To: Monroe County Board of County Commissioners (BOCC)
10 C
11 Through: Emily Schemper, AICP, CFM, Senior Director of Planning & Environmental Resource
12
13 From: Cheryl Cioffari, AICP, Assistant Director of Planning and
14 Devin Tolpin, AICP, CFM, Principal Planner
15 2
16 Date: October 26, 2022
17 U_
0
18 Subject: An Ordinance by the Monroe County Board of County Commissioners amending the U
19 Monroe County Future Land Use Map as a small-scale comprehensive plan amendment U
20 pursuant to Section 163.3187, Florida Statutes, from Mixed Use / Commercial (MC), to
21 Residential High (RH) for a portion of property located at 21585 Old State Road 4A,
22 Cudjoe Key, as proposed by Smith Hawks, PL on behalf of Mobile Homes Holdings �
23 Coco, LLC; contingent on adoption and effectiveness of amendment to Subarea Policy TO
24 107.1.7 of the Comprehensive Plan to provide limitation on development and specific E
25 restrictions on the subject property (File 2022-085) :c
a�
26
27 Meeting: November 15, 2022 2
28
29 I. REQUEST CN
30 LO
31 On May 11, 2022, the Planning and Environmental Resources Department received an application from
32 Smith Hawks, PL on behalf of Mobile Homes Holdings Coco, LLC (the "Applicant") to amend the
33 Monroe County Future Land Use Map (FLUM) from Mixed Use / Commercial (MC) to Residential
34 High (RH) for a portion of property located at 21585 Old State Road 4A on Cudjoe Key (the U
35 "Property"). The Applicant has also requested a corresponding Land Use District (Zoning) map M
36 amendment for the Property from Suburban Commercial (SC) to Urban Residential (UR) and a U11 00
37 Comprehensive Plan text amendment to amend Comprehensive Plan Policy 107.1.7 that would increase 9
38 the maximum net density of the property from 18 dwelling units per buildable acre to 25 dwelling units N
39 per buildable acre to a proposed total of 46 affordable employee housing dwelling units. The existing N
40 development restrictions on the Property, including a limitation that the only permitted use on the
41 property would be affordable housing and accessory uses, would remain. The proposed subarea policy E
42 and FLUM amendment would be processed as "small-scale comprehensive plan amendments" pursuant
43 to Section 163.3187, Florida Statutes, based on the size of the site and the limitation of development to <
44 affordable housing. The subject ofthis staffreport is the proposed FL UM amendment.
PC SR10.26.2022 Page 1 of 15
File 2022-085
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1 ,
,1
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1 �
2 Existing FLUM Designation Proposed FLUM Designation
3
4 II. BACKGROUND INFORMATION
5 U
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6 Site Information: U
7 Location: MM 22, Cudjoe Key
8 Address: 21585 Overseas Highway
9 Description: Lot 30, Sacarma, Plat Book 2, Page 48, Cudjoe Key, Monroe County, Florida
10 Parcel Identification Number: U)
11 Owner/Applicant: Mobile Homes Holdings Coco, LLC E
12 Size of Property: 3.4 acres consisting of 2.3acres (101,958.1 SF) of upland area per survey by Eric
13 A. Isaacs of Florida Keys Land Surveying, dated 9/20/2022. 2
.2
14 FLUM Designations: Mixed Use / Commercial (MC) and Residential Conservation (RC); pending
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 N
17 amend to Urban Residential (UR)through File 2022-086 LO
18 Tier Designation: IIIIt-
19 Flood Zones: AE(EL 10) ��
20 CBRS: No i
21 Existing Use: Developed with 17 mobile homes which are deed restricted affordable through a U
22 Declaration of Affordable Housing Deed Restriction as recorded in the Public Records of Monroe poi
23 County at Official Records Book 2747, Pages 1667-1677 and four (4) buildings comprised of 16 LO
24 units of affordable housing, which are deed restricted affordable through an Employee Housing i
25 Deed Restriction as recorded in the Public Records of Monroe County in Official Records Book N
26 3030, Page 1540. A total of 33 deed restricted affordable dwelling units are developed on the
27 Property.
28 Existing Vegetation/Habitat: Mangrove, Buttonwood, Developed Land and Submerged Land E
29 Community Character of Immediate Vicinity: Adjacent land uses include vacant land to the west, M
30 open water to the north, commercial and residential uses to the east, and single-family and multi- <
31 family residential uses to the south across US1.
PC SR10.26.2022 Page 2 of 15
File 2022-085
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I The Property currently has Land Use District (Zoning) designations of Suburban Commercial (SC)
2 and Native Area (NA) and Future Land Use Map (FLUM) designations of Mixed Use/Commercial
3 (MC) and Residential Conservation (RC).
4
5 The Property was partially within a BU-2 district (Medium Business) and RU-5P (Mobile Home
6 Park Residential) prior to September 15, 1986. The mobile home park area of the site was entirely
7 within the RU-5P district. With the adoption of the Comprehensive Plan's FLUM in 1997, the ,E
8 Property was given the FLUM designations of Mixed Use/Commercial (MC), Residential High (RH)
9 and Residential Conservation (RC). In 2019, pursuant to Ordinance 002-2019, the Property was E
10 designated with its current FLUM categories of Mixed Use/Commercial (MC) and Residential 0
11 Conservation (RC).
12 U)
13 The Property is currently developed with 17 mobile homes and 16 multifamily deed restricted
14 affordable dwelling units. In the shoreline area of the Property, there is mangrove habitat(based on
15 GIS habitat data). A vegetation survey/existing conditions report was not submitted with the ,
16 application to confirm the habitats.
17 U_
18 The Applicant is also requesting a text amendment to the Monroe County Comprehensive Plan to U
19 amend the site specific subarea policy to accompany this Future Land Use Map amendment for a U
20 portion of the property (the "Property") from Mixed Use/ Commercial (MC) to Residential High 0
21 (RH) and a proposed Land Use District(Zoning) Map amendment for a portion of the property from
22 Suburban Commercial (SC) to Urban Residential. The subject of this staff report is the proposed X
23 FLUM amendment. U)
24 E
25 The Applicant states that the reason for the proposed amendments is to address the need of more
26 affordable housing in Monroe County. The Applicant cites the following documents/data: 2
;2
27 1. Affordable Workforce Housing Study for Non-Residential Development, dated June, 2017; 0
28 2. American Community Survey (ACS) conducted by U.S. Census Bureau;
29 3. Florida Housing data compiled by the University of Florida; and N
30 4. Monroe County Affordable Housing Report dated November 2007. 17
31i
32 This data indicates that in 2020, the ACS estimates that 56% of renter-occupied housing units and
33 32.5% of owner-occupied housing units are paying 30% or more of their household income for U�
34 housing'. The applicant also states that Monroe County ranks as the county with the most cost 0
35 burdened households (along with Miami-Dade County). 00i
36 00
37 Additionally, "according to the ACS, the median gross rent in Monroe County for the years 2008- N
38 2012 was $1,335. The median gross rent rose by 21.9% to $1,627 for the years 2015-2019. The Q
39 median gross rent in Monroe County is substantially higher than that of the State, which was $987
40 for years 2008-2012, and $1,175 for years 2015-2019. The median gross rent in Monroe County for
41 the years 2015-2019 according to the unit is as follows: $1,221 for a studio apartment; $1,312 for a
42 one-bed room; $1,666 for a two-bedroom; $1,987 for a three-bedroom; and $2,535 for a four-
43 bedroom. A yearly breakdown from FY 2016 to FY 2022 of the Fair Market Rent by unit bedrooms
44 in Monroe County is provided below:
45
PC SR10.26.2022 Page 3 of 15
File 2022-085
Packet Pg.4242
FAIR s By 1,nit Be(lrooins fbi, ,Nlonroe Col Flori(la
Year Efficienev One- Two- Three- Four-
(Stu Bedreoin Bedroom Bedroom Bedrooin
FY 2022 $1,3,33 $1,370 $1,759 $2,261 $2,993
$1301 S1,344 $1,744 , 12 5 7 $2.996
..................... ...�,; C
.................................................................................................................. ................................. ............................
1,19 5 $1,327 $1,728 11-1-90-3...................
$2.287 E
'a
$1,054 $1,240 $1,64,0 2,157 $2,761
9 14 E
FY 2018 $9,60 $, j4, <
1.2112 S 1. $2�514
............ .............................................................. ..................................................................................
..............
n11 2 17 $1,067 $1,266 $1.1682 $,2,11 O $2,370 CL
2016 _ $9,99 $1,100 $1,473 $1,828 S2,039
2 U)
3 The Applicant's full explanation and justification of the proposed amendments is included in the file
4 for the application (File 42022-085).
5
6 Staff has reviewed the Applicant's position and supporting documentation, and agrees with the
7 position that inadequate availability of affordable housing is currently a primary issue facing U_0
U
8 permanent residents of unincorporated Monroe County. In 2015, the BOCC acknowledged the U0
9 County's workforce housing issues and adopted Resolution 189-2015, assigning additional duties to U)
10 the Affordable Housing Advisory Committee directing the committee to make recommendations for
11 steps the County may take to address the need for more workforce housing options. The committee :2
0
12 presented their recommendations to the BOCC at their regular meeting on August 17, 2016. The X
U)
13 BOCC held a special meeting on December 6, 2016, to discuss the recommendations, and provided 0
E
14 direction to staff to move forward on several measures to encourage and incentivize the provision of 0
15 affordable and workforce housing within the County. X
.2
16 .0
0
17 In 2020, the ALICE Report was updated with information based on American Community Survey 2
18 data(2010-2018). The new information affirms the trend of increased difficulty in being able to CNI
19 afford safe, well-constructed affordable housing.
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PC SRI0.26.2022 Page 4 of 15
File 2022-085
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LICE IN MONROE COUNTY
2018 Paint-in-Tirne Data
PaspaimuIIatloini 75,027 Number of Hou seholld&:31,362
Median,Household Income:$7II 97 3(stale aavemgr,,. °y"3'5,462)
UIlnemp l aypmenmt Ratty l. ( Uile amar agr E.~r`lar)
A LICE H ouuselh allds k a(st a le avraraag 33"tr,) Hauumnrehollds in Poverty i3r,(stlale svemagu Il,a's,)
Hew has the number of Households by Income,Monroe C'e,mnty,2010 to,20I118
ALICE households changed
over time? 14,0000 ,
CL
ALICE Is siu ssrrr nyrn fov sset 12.444 1 �
u
H:.iun alara�alcHac axNu�amume oNllo alcHslria r1 a�,n
60,444- "". mti�ixxn ,m mi ALICE
H y 3rusgr�aiiu
In ore t1I the H�C�4 i all lorry i ayr Lav lll, 4,044- �, U)4.°�
Namur less,ffi aoo the Na a Ic r aasq of Ilivon g
6,42Y4
for the county un ty(the AL.CE"rNonr srurrlld).
WhIlle r_awnardifiorus have Irmvrunrvmed for 4.444 �
vivae hausehelds,marycorlonaueHua2,623
AiI r Iro+sNslllu as Wages,fool to �
keep pace Mth HNou r usH of Hi umu sehald
essernrkosl ,dNoo-�auLina,g,child c cam,forae�d, eaa4 zoos z4ua zua� �4i4 LL
Imr pert abon,ruvsllyHi c arrra,and as nor\\Vrl0y 0
Haab°sn'IaI{aharvo•oa Pllsiup. �»tiu�NZu� 0
mniiiunmmdauiiimaiutii
t3
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Sources:ALICE Threshold,2010-2018;American Community Survey,2010-2018
The cost of(household basics,outpaces way es— �
"'T'he,RcrYjsd'lolld S,rfr7lva' 10Lrc get reflects tY7oe bare rnlrrHNr iiarrry cost to live arld work mlri X
the rrrfo2m IHr a rorloH7kiy a mlrrr°IIu1des I'iuM slr7uL1 chid care food,lraarisport toon hear[&i y U)
care,tec.lrrlcrlogy(a sfmfaH tlI 1p a �gri), id taxes It rlr.es riot irirlluclm,s avlrigs°for a.
ernerg rin 7E ll �LItd( goals lOrL college
or Hw t01 IIHY�m7f kn 201 ho0.N e,,hiold costs yrpe � �
w6l above tl°r r f ya(,rty I a 12,140 for � oHi}Ile 'idUlt arli t 25 100 for a
farnily Of tou.dr.
0
0 CWpPftk Keay r :A grLsr 22% .,
n�
c1a
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ontl"hl Cost
Housing f 1„rat KeyCaalHrmy l��ell nano i i"r �I
ChIllld care u1..... 51,275 I Key II COP J sw is rum en
'rra inseartatioin 17 S Vj42 i6q,weevec sm7s�N� s V`° 0
eakh Cabe $210,CN $8,013 11"I'll,
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1 �.,r "", 1I
olgly, $, 141)
ova
IGn n111 r ui $229 640 Wddre asvpr CCD r 4W 44
Taxes3 4 t $,8 C North ort Keay Large�;NHo%A iN22 r k r N
Monthly"1iI 2p1 1 tt $7,036 I sahe"k h9land 11 1..rr:�r� 5 r cN
NIN �a � - ), 1 t �84,432 r��rer MAMA Add
Hou Lm *�IVu $[:R5,1 �$4 r 22 Luip"m Kep r r I w a
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C011 r7d,.lr'p"{dvirwiuW FaMor"M u :arirua rs"SOS Ou aavi=orerawwi Ed,ljaraU'
1
2 Additionally, Monroe County suffered the loss of a significant number of housing units due to
3 damage caused by Hurricane Irma on September 10, 2017. The BOCC has acknowledged that the
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I pre-existing affordable housing issues facing the County are even greater and more immediate now
2 due to storm-related losses and continues to prioritize affordable housing development.
3
4 As noted, this amendment is being proposed as a small scale amendment. Section 163.3187, F.S.,
5 establishes the process for adoption of a small-scale comprehensive plan amendment and provides
6 the limitations and requirements (see below).
a�
7
8 (1) A small scale development amendment may be adopted under the following
9 conditions:
10 (a) The proposed amendment involves a use of 50 acres or fewer and:
11 (b) The proposed amendment does not involve a text change to the goals, policies, and
12 objectives of the local government's comprehensive plan, but only proposes a land use
13 change to the future land use map for a site-specific small scale development activity.
14 However, text changes that relate directly to, and are adopted simultaneously with,
15 the small scale future land use map amendment shall be permissible under this
16 section.
17 (c) The property that is the subject of the proposed amendment is not located within an U_
18 area of critical state concern, unless the project subject to the proposed amendment U
19 involves the construction of affordable housing units meeting the criteria of s. U
20 420.0004(3), and is located within an area of critical state concern designated by s.
21 380.0552 or by the Administration Commission pursuant to s. 380.05(1).
22 X
23 (2) Small scale development amendments adopted pursuant to this section require only U)
24 one public hearing before the governing board, which shall be an adoption hearing as E
25 described ins. 163.3184(11). X
26 * * * 2
27 (4) Comprehensive plans may only be amended in such a way as to preserve the 0
28 internal consistency of the plan pursuant to s. 163.3177. Corrections, updates, or
29 modifications of current costs which were set out as part of the comprehensive plan shall N
30 not, for the purposes of this act, be deemed to be amendments. LO
31
32 While staff agrees with the position that inadequate availability of affordable housing is currently a
33 primary issue facing unincorporated Monroe County, staff is also reviewing the proposed amendment �i
34 for consistency with State Statutes (including 163.3187, F.S., above), Rules, internal consistency with is
35 the Comprehensive Plan and balancing all the requirements and policy issues. Proposed increases to
36 density, inclusive of affordable housing requests, must be reviewed for consistency with the L�
00
37 Comprehensive Plan and balanced with competing priorities and policies. 9
38 N
39 Community Meeting and Public Participation N"
40 In accordance with LDC Sections 102-158(a) and 102-159(b), a community meeting is required to
41 discuss the proposed Future Land Use Map (FLUM) amendment and corresponding proposed Land Use E
42 District (Zoning) Map amendment, and provide for public participation. The Community Meeting was
43 held on September 1, 2022. Concerns from the Community Meeting included [but were not limited to]: <
44 ■ Not supportive of high density development; and
45 ■ Increased traffic and the associated negative impacts;
46
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I Prior Relevant BOCC Action
2 On February 20, 2019, the BOCC Adopted Ordinance 001-2019 which established Comprehensive Plan
3 Policy 101.7.7 Coco Palms Affordable Housing Subarea. The Policy established a maximum net density
4 of 18 dwelling units per buildable acre for a maximum development potential of 33 deed restricted
5 affordable dwelling units designated as employee housing.
6
7 On February 20, 2019, the BOCC Adopted Ordinance 002-2019 which amended the FLUM Designation E
8 for a portion of the Property from Residential High (RH)to Mixed Use/Commercial (MC).
a�
9 E
10 On February 20, 2019, the BOCC Adopted Ordinance 003-2019 which amended the Land Use (District) 0
11 Zoning Designation for a portion of the Property from Urban Residential Mobile Home (URM) and 2
12 Native Area to Suburban Commercial (SC).
13
14 III.AMENDMENT REVIEW
15
16 Maximum Density and Intensity by Future Land Use Map Designation
17 The table below provides a comparison of the development potential for residential, transient and U-
18 commercial development of the existing FLUM and established subarea as compared to the amended U
19 FLUM and amended Policy 107.1.7, as proposed. Section 130-156(b) of the Land Development Code U
20 states: "The density and intensity provisions set out in this section are intended to be applied 0
21 cumulatively so that no development shall exceed the total density limits of this article. For example, if a
22 development includes both residential and commercial development, the total gross amount of X
23 development shall not exceed the cumulated permitted intensity of the parcel proposed for
24 development." E
0
25
Maximum Development Potential with Subarea Policy (Current) 2
Land Use Allocated Maximum Gross Open Buildable Development NI
Density Net Density Upland Space Acre Potential
Area of Site Ratio T-
T-
Market Rate 0 du/acre N/A N/A N/A N/A 0 du/acre
DwellingUnits
i
Affordable 0 du/acre 18 2.30 acres* 0.20 1.84 33 du* U
Dwelling Units du/buildable
acre U11
00
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 CN
Uses `N
*100,359 sf(2.3 acres) per survey by Frederick H. Hildebrandt, Island Surveying, Inc., dated 12/5/17.
c�
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Maximum Development Potential with Subarea Policy(Proposed)
Market Rate 0 du/acre N/A N/A N/A N/A 0 du/acre
Dwelling Units
Affordable 0 du/acre 25 2.3 acres** 0.20 1.87 46 du*
Dwelling Units du/buildable
acre
Transient Units 0 du/acre 0 du/acre N/A N/A N/A 0 du/acre E
Nonresidential 0.0 FAR N/A N/A N/A N/A 0 sf CL
Uses
**101,958.1 sf(2.3 acres) of upland area per survey by Eric A. Isaacs of Florida Keys Land Surveying, U)
dated 9/20/2022
Residential Market Rate Allocated: n/a
Net Change in Development TDR/Market Rate Residential Max Net: n/a
Potential based on FLUM with
Amended Subarea Policy Affordable Residential Max Net: +13 -
Transient Allocated: n/a 0
U
Nonresidential: n/a U
1
2 As shown in the orange portion of the table, the proposed FLUM amendment with the amended Subarea X
3 Policy would result in an increase of 13 units in affordable residential development potential. Approval 0
4 of this FLUM amendment (and corresponding LUD amendment) is contingent upon approval of the E
5 amended subarea policy (Planning Department File 2022-084). X
a�
6
7 Any proposed new residential use would be subject to the requirements of Chapter 138 of the Land
8 Development Code related to the Residential Rate of Growth Ordinance (ROGO/NROGO) permit
9 process. Any proposed affordable dwelling units would need to obtain a ROGO allocation (affordable
LO
10 ROGO allocations may be available)prior to issuance of a building permit. 17
11 T-
12 Compliance with Comprehensive Plan Policy 101.5.26
13 Policy 101.5.26 (discouragement policy) of the Comprehensive Plan was adopted by the BOCC on U
14 September 21, 2012, with an effective date of November 20, 2012, and would apply to this application U
15 for a FLUM amendment if it were not accompanied by the adopted Comprehensive Plan Policy 107.1.7. poi
16 Private applications which propose increases in allocated density must comply with the Policy 00
17 requirements. N
18 Q
N
19 The existing Comprehensive Plan Policy 107.1.7 and the proposed text amendment (File 2022-086) do
20 not result in any increase to residential allocated density and therefore eliminate the need to mitigate
21 under Policy 101.5.26.
22
23 Compatibility with the Surrounding Area
24 a. Existing Vegetation/Habitat: Developed land; Mangrove habitat; Buttonwood habitat
25 b. Existing Tier Designation: III
26 c. Number of Listed Endangered or Threatened Species: four
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I d. Existing Use: 17 deed-restricted affordable mobile homes and 16 deed-restricted attached
2 dwelling units
3 e. Community Character of Immediate Vicinity: Mixed Use. Adjacent land uses include vacant
4 land to the west, open water to the north, commercial and residential uses to the east, and single-
5 family and multi-family residential uses to the south across US1.
6
7 The proposed FL UM is not anticipated to adversely impact the community character of the surrounding
8 area.
9
10 Concurrency Analysis (Comprehensive Plan Policy 101.1.1) C
11 Traffic Circulation (Comprehensive Plan Policy 301.1.1)
12 The Property is located on Old State Road 4A on Cudjoe Key at approximate mile marker 22. The
13 property is only accessible by Old State Road 4A via US 1. Pursuant to the Comprehensive Plan, the
14 level of service standard for US 1 is LOS of"C." According to the 2021 US 1 Arterial Travel Time and
15 Delay Study, US 1 overall is operating at a LOS of"C" and Segment 6 on Cudjoe Key (MM 20.5 to
16 MM 23)is operating at a LOS of"A."
17 U_
18 A trip generation analysis submitted by the Applicant states that a development of 13 additional U
19 residential units on the site would generate an additional 69 daily trips'. According to the 2021 US 1 i
20 Arterial Travel Time and Delay Study, the maximum reserve volume for Segment 6 is 3,064 trips. 0
21
22 Potable Water(Comprehensive Plan Policy 701.1.1) 6
23 The County's 2020 figures and projections for 2021 indicate a slight increase in annual average daily
24 demand from 18.41 to 20.25 MGD. This provides a 3.73 MGD surplus water allocation based upon the E
25 projected 2021 demand. With the construction of the new water supply wells and reverse osmosis (RO) X
26 water treatment facility and a projected surplus allocation, there is an adequate supply of water to meet
27 current and future demands, based on current conditions and projections. 0
28
I
29 The proposed FLUM amendment could result in a net increase in demand on this Property of up to N
30 36,512 gallons per day if developed to its maximum residential intensity. Currently there is sufficient LO
31 capacity for such an increase.
32
Potable Water Max Potential
Residential Residential Persons/ Total Total LOS U
FLUM Net Change U
LOS Standard Development Household Persons Demand O
(Policy 701.1.1) (dwelling units) MI
Current MC 00
with Policy 100 gal/cap/day 33 2.24 73.92 7,392 gal/day C14
107.1.7 (224 gal/du/day) �
c14
Proposed: +2,912 gal/day
MC with 100 gal/cap/day
amended (224 gal/du/day) 46 2.24 103 10,304 gal/day E
Policy
107.1.7 °
33
34 The proposed FLUMis not anticipated to adversely impact the Potable Water LOS.
1 The property contains 17 existing deed restricted affordable mobile homes.
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1
2 Solid Waste (Comprehensive Plan Policy 801.1.1)
3 Monroe County has a contract with Waste Management Inc. (WMI). The contract authorizes the use of
4 in-state facilities through September 30, 2024, thereby providing the County with approximately three
5 (3) years of guaranteed capacity. There is adequate capacity for a solid waste generation for the next 12
6 to 24 months.
a�
7
8 The proposed FLUMis not anticipated to adversely impact the Solid Waste LOS.
9 E
10 Sanitary Sewer(Comprehensive Plan Policy 901.1.1 0
11 The County has adopted water quality treatment standards for wastewater facilities and within the 2
12 Sanitary Wastewater Treatment Master Plan, Exhibit 3-8, has stated the LOS standard for residential and
13 nonresidential flow is 167 gallons per day per equivalent dwelling unit (EDU). The proposed FLUM
14 amendment with the proposed subarea policy would increase the maximum net residential density for cu
15 affordable housing on the site by 13 dwelling units, which would increase the required flow by 2,171 ,
16 gallons per day. Any proposed development on the site will either need to connect to the Cudjoe
17 Regional Wastewater system, or provide on-site sewage treatment and disposal that meets the LOS U_
18 standards in Policy 901.1.1. U
19 U
20 The proposed FL UM is not anticipated to adversely impact the Sanitary Sewer LOS.
21
22 V. CONSISTENCY WITH THE MONROE COUNTY YEAR 2030 COMPREHENSIVE
23 PLAN, THE LOWER KEYS LIVABLE COMMUNIKEYS PLAN, THE FLORIDA STATUTES,
24 AND PRINCIPLES FOR GUIDING DEVELOPMENT E
25
26 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
27 County Year 2030 Comprehensive Plan (Note: compliance with Policy 101.5.26 must be 0
28 established prior to BOCC adoption of the proposed FLUM amendment). Specifically:
29 CN
30 Goal 101: Monroe County shall manage future growth to enhance the quality of life, ensure the safety of Ui
31 County residents and visitors, and protect valuable natural resources.
32 i
33 Objective 101.3
34 Monroe County shall regulate new residential development based upon the finite carrying capacity of the U�
35 natural and man-made systems and the growth capacity while maintaining a maximum hurricane evacuation 0
36 clearance time of 24 hours.
i
37LO
38 Policy 101.3.3 N
39 Monroe County shall allocate at least 20% of the annual allocation, or as may be established by the State of Q
40 Florida pursuant to Administration Commission Rules to affordable housing units as art of ROGO. Any `�
p g p
41 portion of the allocations not used for affordable housing shall be retained and be made available for
42 affordable housing from ROGO year to ROGO year. Affordable housing eligible for this separate allocation
43 shall meet the criteria specified in Policy 601.1.4 and the Land Development Code,but shall not be subject to
44 the competitive Residential Permit Allocation and Point System in Policy 101.6.4. Any parcel proposed for
45 affordable housing shall not be located within an area designated as Tier I as set forth under Goal 105 or
46 within a Tier III-A Special Protection Area as set forth in Policy 205.1.1.
47
48 Objective 101.5
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I Monroe County shall regulate future development and redevelopment to maintain and enhance the character
2 of the community and protect natural resources by providing for the compatible distribution of land uses
3 consistent with the designations shown on the Future Land Use Map.
4
5 Policy 101.5.26
6 In order to continue to implement the Florida Keys Carrying Capacity Study, Monroe County shall promote
7 the reduction in overall County residential density and the preservation of Monroe County's native habitat by
8 enacting legislation which implements the following policy statements for private applications for future land
9 use map amendments which increase allowable residential allocated density. Private application(s) means
10 those applications from private entities with ownership of the upland development and parcel(s) of land or <
11 includes private upland development on County-owned land. C,
12
13 Private applications requesting future land use map designation amendments received after the effective date U)
14 of this ordinance (Nov. 20, 2012), which propose increases in allocated residential density shall be required,
15 upon amendment approval,to comply with either option(1)or(2)below:...
16
17 Goal 102: Monroe County shall direct future growth to lands which are most suitable for development and
18 shall encourage conservation and protection of environmentally sensitive lands (wetlands, beach berm and
19 tropical hardwood hammock). 0
20 0
21 Goal 601: Monroe County shall adopt programs and policies to facilitate access by residents to adequate and U
22 affordable housing that is safe, decent, and structurally sound, and that meets the needs of the population
23 based on type,tenure characteristics,unit size and individual preferences.
24
25 Policy 601.1.4
26 All affordable housing projects which receive development benefits from Monroe County, including but not
27 limited to ROGO allocation award(s) reserved for affordable housing, maximum net density, or donations of
28 land, shall be required to maintain the project as affordable for a period of 99 years pursuant to deed 2
29 restrictions or other mechanisms specified in the Land Development Code, and administered by Monroe 0
30 County or the Monroe County Housing Authority.
31 i
32 Policy 601.1.8
c�
33 Monroe County shall allocate at least 20% of the annual ROGO allocation, or as may be established by the `O
34 State of Florida, pursuant to Administration Commission Rules, to affordable housing units, as specified ini
35 Policy 101.3.3. Affordable housing eligible for this separate allocation must meet the criteria established in W
36 the Land Development Code. eni
37 U
38 Policy 601.1.9
39 Monroe County shall maintain land development regulations which may include density bonuses, impact fee L00
40 waiver programs, and other possible regulations to encourage affordable housing. 9
41 CN
42 B. The proposed amendment is consistent with the Principles for Guiding Development for the N
43 Florida Keys Area, Section 380.0552(7), Florida Statutes. Specifically:
44
45 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with the
46 principles for guiding development and any amendments to the principles, the principles shall be construed as
47 a whole and no specific provision shall be construed or applied in isolation from the other provisions.
48
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I (a) Strengthening local government capabilities for managing land use and development so that local
2 government is able to achieve these objectives without continuing the area of critical state concern
3 designation.
4 (b) Protecting shoreline and benthic resources,including mangroves, coral reef formations, seagrass beds,
5 wetlands, fish and wildlife, and their habitat.
6 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical
7 vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife, and 0
8 their habitat.
9 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic
10 development. <
11 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys. C,
12 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, and
13 ensuring that development is compatible with the unique historic character of the Florida Keys.
14 (g) Protecting the historical heritage of the Florida Keys.
15 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed major
16 public investments,including:
17 2
18 1. The Florida Keys Aqueduct and water supply facilities;
19 2. Sewage collection, treatment, and disposal facilities; 0
20 3. Solid waste treatment, collection, and disposal facilities; 0
21 4. Key West Naval Air Station and other military facilities; U
U)
22 5. Transportation facilities;
23 6. Federal parks,wildlife refuges, and marine sanctuaries;
24 7. State parks,recreation facilities, aquatic preserves, and other publicly owned properties;
25 8. City electric service and the Florida Keys Electric Co-op; and U)
26 9. Other utilities, as appropriate.
27
28 (1) Protecting and improving water quality by providing for the construction, operation, maintenance, 2
29 and replacement of stormwater management facilities; central sewage collection; treatment and 0
30 disposal facilities; and the installation and proper operation and maintenance of onsite sewage 2
31 treatment and disposal systems. CNi
32 (j) Ensuring the improvement of nearshore water quality by requiring the construction and operation of
33 wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and 403.086(10), `O
34 as applicable, and by directing growth to areas served by central wastewater treatment facilitiesi
35 through permit allocation systems.
36 (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida Ui
37 Keys. U
38 (1) Making available adequate affordable housing for all sectors of the population of the Florida Keys.
00
39 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of a L00
40 natural or manmade disaster and for a postdisaster reconstruction plan. 9
41 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining CN
42 the Florida Keys as a unique Florida resource. �
43
44 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent with the
45 Principles for Guiding Development as a whole and is not inconsistent with any Principle.
46
47 C. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute
48 (F.S.). Specifically:
49
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1 163.3161(4), F.S. — It is the intent of this act that local governments have the ability to preserve and
2 enhance present advantages; encourage the most appropriate use of land, water, and resources,
3 consistent with the public interest; overcome present handicaps; and deal effectively with future
4 problems that may result from the use and development of land within their jurisdictions. Through the
5 process of comprehensive planning, it is intended that units of local government can preserve,
6 promote, protect, and improve the public health, safety, comfort, good order, appearance,
7 convenience, law enforcement and fire prevention, and general welfare; facilitate the adequate and 0
8 efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing a
9 and other requirements and services; and conserve, develop, utilize, and protect natural resources
10 within their jurisdictions. <
11 C
12 163.3161(6), F.S. — It is the intent of this act that adopted comprehensive plans shall have the legal status 2
13 set out in this act and that no public or private development shall be permitted except in conformity U)
14 with comprehensive plans, or elements or portions thereof, prepared and adopted in conformity with
15 this act.
16
17 163.3177(l), F.S. — The comprehensive plan shall provide the principles, guidelines, standards, and 2
18 strategies for the orderly and balanced future economic, social, physical, environmental, and fiscal
19 development of the area that reflects community commitments to implement the plan and its 0
20 elements. These principles and strategies shall guide future decisions in a consistent manner and shall 0
21 contain programs and activities to ensure comprehensive plans are implemented. The sections of the U
U)
22 comprehensive plan containing the principles and strategies, generally provided as goals, objectives,
23 and policies, shall describe how the local government's programs, activities, and land development
24 regulations will be initiated, modified, or continued to implement the comprehensive plan in a M
25 consistent manner. It is not the intent of this part to require the inclusion of implementing regulations U)
26 in the comprehensive plan but rather to require identification of those programs, activities, and land
27 development regulations that will be part of the strategy for implementing the comprehensive plan M
28 and the principles that describe how the programs, activities, and land development regulations will 2
29 be carried out. The plan shall establish meaningful and predictable standards for the use and 0
30 development of land and provide meaningful guidelines for the content of more detailed land 2
31 development and use regulations. CNi
32
33 163.3187,F.S.—Process for adoption of small-scale comprehensive plan amendment.— `It-
34 (1) A small scale development amendment may be adopted under the following conditions: i
35 (a) The proposed amendment involves a use of 10 acres or fewer and:
36 (b) The cumulative annual effect of the acreage for all small scale development amendments �i
37 adopted by the local government does not exceed a maximum of 120 acres in a calendar year. U
38 (c) The proposed amendment does not involve a text change to the goals, policies, and 0
M
39 objectives of the local government's comprehensive plan, but only proposes a land use L01
00
40 change to the future land use map for a site-specific small scale development activity. 9
41 However, text changes that relate directly to, and are adopted simultaneously with, the small N
42 scale future land use map amendment shall be permissible under this section. CN
43 (d) The property that is the subject of the proposed amendment is not located within an area of
44 critical state concern, unless the project subject to the proposed amendment involves the
45 construction of affordable housing units meeting the criteria of s. 420.0004(3), and is located a
46 within an area of critical state concern designated by s. 380.0552 or by the Administration
47 Commission pursuant to s. 380.05(l). <
48 (2) Small scale development amendments adopted pursuant to this section require only one public
49 hearing before the governing board, which shall be an adoption hearing as described in s.
50 163.3184(11).
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1 (3) If the small scale development amendment involves a site within a rural area of opportunity as
2 defined under s. 288.0656(2)(d) for the duration of such designation, the 10-acre limit listed in
3 subsection (1) shall be increased by 100 percent to 20 acres. The local government approving the
4 small scale plan amendment shall certify to the state land planning agency that the plan
5 amendment furthers the economic objectives set forth in the executive order issued under s.
6 288.0656(7), and the property subject to the plan amendment shall undergo public review to
7 ensure that all concurrency requirements and federal, state, and local environmental permit
8 requirements are met.
9 (4) Comprehensive plans may only be amended in such a way as to preserve the internal
10 consistency of the plan pursuant to s. 163.3177. Corrections, updates, or modifications of current <
11 costs which were set out as part of the comprehensive plan shall not, for the purposes of this act, C,
12 be deemed to be amendments.
13 (5)(a) Any affected person may file a petition with the Division of Administrative Hearings
14 pursuant to ss. 120.569 and 120.57 to request a hearing to challenge the compliance of a small
15 scale development amendment with this act within 30 days following the local government's
16 adoption of the amendment and shall serve a copy of the petition on the local government. An
17 administrative law judge shall hold a hearing in the affected jurisdiction not less than 30 days nor
18 more than 60 days following the filing of a petition and the assignment of an administrative law
19 judge. The parties to a hearing held pursuant to this subsection shall be the petitioner, the local -
20 government, and any intervenor. In the proceeding, the plan amendment shall be determined to be 0
21 in compliance if the local government's determination that the small scale development U
U)
22 amendment is in compliance is fairly debatable. The state land planning agency may not
23 intervene in any proceeding initiated pursuant to this section.
24 (b) 1. If the administrative law judge recommends that the small scale development 0
25 amendment be found not in compliance, the administrative law judge shall submit the U)
26 recommended order to the Administration Commission for final agency action. If the
27 administrative law judge recommends that the small scale development amendment be found in M
28 compliance, the administrative law judge shall submit the recommended order to the state land 2
29 planning agency. 0
30 2. If the state land planning agency determines that the plan amendment is not in 2
31 compliance, the agency shall submit,within 30 days following its receipt, the recommended order CNi
32 to the Administration Commission for final agency action. If the state land planning agency
33 determines that the plan amendment is in compliance, the agency shall enter a final order within
34 30 days following its receipt of the recommended order.
35 (c) Small scale development amendments may not become effective until 31 days after
36 adoption. If challenged within 30 days after adoption, small scale development amendments may Ui
37 not become effective until the state land planning agency or the Administration Commission, U
38 respectively, issues a final order determining that the adopted small scale development M
ao
39 amendment is in compliance. L01
00
40 (d) In all challenges under this subsection, when a determination of compliance as defined in s. 9
41 163.3184(1)(b) is made, consideration shall be given to the plan amendment as a whole and CN
42 whether the plan amendment furthers the intent of this part. CN
43
44 163.3201, F.S. — Relationship of comprehensive plan to exercise of land development regulatory
45 authority. It is the intent of this act that adopted comprehensive plans or elements thereof shall be a
46 implemented, in part, by the adoption and enforcement of appropriate local regulations on the
47 development of lands and waters within an area. It is the intent of this act that the adoption and <
48 enforcement by a governing body of regulations for the development of land or the adoption and
49 enforcement by a governing body of a land development code for an area shall be based on,be related
50 to, and be a means of implementation for an adopted comprehensive plan as required by this act.
51
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I VI. PROCESS
2
3 Land use (zoning) district map or FLUM amendments may be proposed by the Board of County
4 Commissioners, the Planning Commission, the Director of Planning, or the owner or other person
5 having a contractual interest in property to be affected by a proposed amendment. The Director of
6 Planning shall review and process applications as they are received and pass them onto the Development
7 Review Committee and the Planning Commission. E
8
9 The Planning Commission shall hold at least one public hearing. The Planning Commission shall E
10 review the application, the reports and recommendations of the Department of Planning & C
11 Environmental Resources and the Development Review Committee and the testimony given at the 2
12 public hearing. The Planning Commission shall submit its recommendations and findings to the Board
13 of County Commissioners (BOCC). For a small-scale comprehensive plan amendment, pursuant to
14 Section 163.3187, F.S., the BOCC holds one public hearing to consider the adoption of the proposed
15 comprehensive plan amendment, and considers the staff report, staff recommendation, and the testimony ,
16 given at the public hearing.
17 U_
18 The proposed FLUM amendment and associated LUD and text amendments were reviewed by the U
19 Monroe County Development Review Committee at a public meeting on August 23, 2022 and was U
20 recommended for approval through DRC Resolution 11-22. The Planning Commission considered the 0
21 proposed text amendment at a public hearing on October 26, 2022. At the October 26, 2022 meeting,
22 following review of the proposal and input from the public, the Planning Commission adopted X
23 Resolution P31-22, recommending approval with staffs recommended edits during the hearing. U)
24 E
25
26 VII. STAFF RECOMMENDATION
27 0
28 Staff recommends approval of the proposed amendment to the Monroe County Future Land Use Map as
29 a small-scale comprehensive plan amendment pursuant to Section 163.3187, Florida Statutes, from N
30 Mixed Use/ Commercial (MC), to Residential High (RH) for a portion of property located at 21585 Old Ui
31 State Road 4A, Cudjoe Key, as proposed by Smith Hawks, PL on behalf of Mobile Homes Holdings
32 Coco, LLC; contingent on adoption and effectiveness of amendment to Subarea Policy 107.1.7 of the
33 Comprehensive Plan to provide limitation on development and specific restrictions on the subject Wi
34 property. U
35
LO
36 00
37 VIII. EXHIBITS N
N
38 N
39 1. 11" X 17" Map Series FLUM Amendment
40 2. Proposed corresponding Comprehensive Plan Subarea Policy with staff edits.
c�
PC SR10.26.2022 Page 15 of 15
File 2022-085
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Exhibit 2
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 red underline and deletions are in f e fl 1i e fli F0 I I .
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 2
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 0
easements that require mandatory eradication of exotic invasive vegetation. (Ord. No. 023-2011) 0
U)
Policy 107.1.7: Coco Palms Affordable Housing Subarea E
The purpose of Coco Palms Affordable Housing Subarea is to implement applicable goals, 0
objectives, and policies of the Comprehensive Plan to promote and facilitate development of
affordable housing to meet the needs of Monroe County. E
X
1. Boundary. The Coco Palms Affordable Housing Subarea shall include the upland portion
g P P ;E
of the property having Real Estate Number 00174960-000000, which consists of c
approximately 2.30 acres of upland, and is legally described as follows (upland portion): U)
LEGAL DESCRIPTION (Upland):
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
E
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 E
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 00
feet;thence N 18°29'29" E for a distance of 10.62 feet;thence N 13°02'59" E for a distance N
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; W
thence S 36°22'15" E for a distance of 16.80 feet; thence S 12°41'1 V 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 E
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
Packet Pg.4256
S.2.c
Exhibit 2
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.
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001749& -000 00
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Cudjoe Key
Mile Marker 22 ; 0
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2. Land Use Designations. The Coco Palms Affordable Housing Subarea shall be subject to c
g pp ��Resi eiritia1N III
a regulations aeons applicable e to the M a .. i .a � a� r . (� 1
w �1N 0
17 Rr Land Use District designation
Zoning category,he gas well gas the�addit additional restrictions set forthll�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) i
District. u
E
3. Density Provisions.
E
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 9
Housing Subarea shall be zero (0). N
b. There shall be no maximum net density standard available for market-rate dwelling i
r
units or transient units. W
4i
C. The maximum floor area ratio (F.A.R.) for all nonresidential uses within the
a�
subarea shall be zero. E
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d. In accordance with Policy 101.5.25, the following density and intensity standards
shall be applicable to the Coco Palms Affordable Housing Subarea.
Packet Pg.4257
S.2.c
Exhibit 2
Estimated Maximum Develo ment Potential
Land Use Allocated Maximum Gross Open Buildable Development
Density Net Density Upland Space Area Potential E
Area of Site Ratio
Market Rate 0 du/acre N/A N/A N/A N/A Odu/acre
Dwelling CL
Units
Affordable 0 du/acre i.8 2.30 acres* 0.20 1.84 ?� fl�:�
Dwelling 6 c(c i
Units HeFe
Transient 0 du/acre 0 du/acre N/A N/A N/A 0 du/acre c
U
Units U
Nonresidential 0.0 FAR N/A N/A N/A N/A 0 sf U),
Uses
0
*,n, 458 4101,958 sf(2.3 acres)per survey by
17 Eric Isaacs, Florida Keys Land Surveying, dated 09/20/2022. E
0
4. Only the land uses listed below shall be permitted within the Coco Palms Affordable ;2
0
Housing Subarea. 2
a. Permitted as of right. U)
i I)cccl rest ictecl itmchccl or detached affordable dwelling units uu�x��i�uu�S
u� Sux ��u:.l..ui , (Ics. g!I Iic(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) E
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 E
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 00
Q
remain so long as they are not substantially damaged or destroyed. All N
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)
x
must meet the qualifications for affordable employee housing. W
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 III.
i. Attached 18 � Jts,, designated as
or..i�fl�u��ck�,.�-(�:. dwellings uu�x���,:�uu��TM .fix ��2 ....
employee housing as provided for in LDC Section 139-1.
Packet Pg.4258
Exhibit 2
c fleradttecl GIs I aIuljor concfifiomlV I�se sl�!jec! 1�2 jhc stinclir(k m(] set
I'orth un Monroe Comity Lmcl !CLU?IgL 1 10, ArficVe IIL
Atmchecl or clemchecl (IweMn,(,'s unvoMng !L'In 18 lqjts.' clesug!!'Itj
�Is I Is �(Iecl Ior �n LDC Segfion 13w9
E
d. Permitted and Conditional use limitations.
i. All residential units constructed within the subarea shall be deed-restricted E
affordable in accordance with Policy 601.1.4; CL
ii. No market-rate housing shall be allocated, assigned, transferred to the
Coco Palms Affordable Housing Subarea, or otherwise developed within U)
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 2
TREs;
iv. No other residential or nonresidential uses shall be permitted within the U_0
U
subarea; and 0
v. All new residential units developed within the subarea shall be subject to U U)
0)
the ROGO permit allocation system and after development of the s.i*+.e.e* S
1,�h i ir 1,e e ir :2
0
new units the resulting 44ft, units
shall consist of a maximum of fii*e.tee++- 44) moderate U)
income, s�Lefi-+ )7- 0
11) median income and se�,Lefi-+7-) 11 E
low-income affordable allocations. Once the 1 0
!!jE!KKq (!'�J M
new employee housing units are developed,the affordable housing income 0)
.0
restrictions may be reconfigured within the property so as to ensure 0
2
occupant(s) can meet the income requirements for the unit occupied. U)
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Packet Pg.4259
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5
6 MONROE COUNTY, FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
8 ORDINANCE NO. -2022
9
10 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
11 COUNTY COMMISSIONERS APPROVING A SMALL-SCALE
12 COMPREHENSIVE PLAN AMENDMENT, PURSUANT TO
13 FLORIDA STATUTES SECTION 163.3187, AMENDING THE
14 FUTURE LAND USE MAP FROM MIXED USE/COMMERCIAL a�
15 (MC) TO RESIDENTIAL HIGH (RH) FOR PROPERTY LOCATED
16 AT 21085 OLD STATE ROAD, CUDJOE KEY, MILE MARKER 21,
17 LEGALLY DESCRIBED AS LOT 30 SACARMA, A SUBDIVISION
18 OF GOVERNMENT LOTS 3 AND 4 IN SECTION 29, TOWNSHIP
19 66 SOUTH,RANGE 28 EAST (PLAT BOOK 2,PAGE 48), MONROE
20 COUNTY, FLORIDA, CURRENTLY HAVING PROPERTY 0
21 IDENTIFICATION NUMBER 00174960-000000; AS PROPOSED BY 0
22 MOBILE HOMES HOLDINGS COCO, LLC; CONTINGENT UPON
23 ADOPTION AND EFFECTIVENESS OF AMENDMENTS TO E
24 COMPREHENSIVE PLAN POLICY 107.1.7 TO INCREASE THE 0
25 MAXIMUM NET DENSITY AND TO MODIFY THE PERMITTED
26 AS-OF-RIGHT USES AND CONDITIONAL USES ON THE
27 SUBJECT PROPERTY; PROVIDING FOR SEVERABILITY;
28 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; 2
29 PROVIDING FOR TRANSMITTAL TO THE STATE LAND 0
30 PLANNING AGENCY AND THE SECRETARY OF STATE;
31 PROVIDING FOR INCLUSION IN THE MONROE COUNTY
32 COMPREHENSIVE PLAN AND FOR AMENDMENT TO THE
33 FUTURE LAND USE MAP; PROVIDING FOR AN EFFECTIVE
34 DATE. 0
35
36
37
38 WHEREAS, on May 11, 2022, the Monroe County Planning and Environmental
E
39 Resources Department("Department") received an application from Bart Smith of Smith Hawks
40 PL, on behalf of Mobile Home Holdings Coco, LLC ("Applicant") to amend the Monroe County
41 Future Land Use Map ("FLUM") from Mixed Use / Commercial ("MC") to Residential High
42 ("RH") for a portion of property located at 21585 Old State Road 4A on Cudjoe Key; and
43
44 WHEREAS,the Applicant has also requested a corresponding Land Use District("LUD")
45 map amendment for a portion of the subject property from Suburban Commercial ("SC")to Urban
46 Residential("UR"), and a Comprehensive Plan("Comp.Plan" or"CP")text amendment to amend
Packet Pg.4260
S.2.d
I Comp. Plan Policy 107.1.7 to increase the maximum net density and to modify the permitted as-
2 of-right uses and conditional uses on the subject property; and
3
4 WHEREAS, the Monroe County Development Review Committee ("DRC") considered
5 the proposed amendments at a regularly scheduled meeting held on the 23rd day of August 2022;
6 and
7
8 WHEREAS,the DRC professional staff memorandum dated August 15, 2022, completed
9 by Cheryl Cioffari, A.LC.P., Assistant Director of Planning, and Devin Tolpin, A.LC.P., C.F.M.,
10 Principal Planner,requests updated data and analysis be provided to support the requested increase
11 for affordable housing on the subject property through the proposed companion Comprehensive
12 Plan text amendment(Department File No. 2022-084); and <
C,
13
14 WHEREAS, the Applicant submitted updated data and analysis for the proposed
15 amendments to the Comprehensive Plan, Future Land Use Map and Land Use District ("LUD")
16 Map to support the request for an increase in density for affordable housing on the property; and
17
18 WHEREAS, on September 1, 2022, the Applicant held a community meeting, as required 2
19 by Monroe County Land Development Code ("LDC" or "Code") Sections 102-158(a) and 102-
20 159(b), to discuss the proposed Future Land Use Map ("FLUM") amendment, and corresponding 0
21 proposed Comprehensive Plan text amendment and LUD Map amendment, and provide for public 0
U
22 participation; and
23
24 WHEREAS, at a regularly scheduled meeting held on October 26, 2022, the Monroe 6
25 County Planning Commission ("Planning Commission") held a public hearing for the purpose of X
26 considering the proposed amendment to the Future Land Use Map of the Monroe County Year
27 2030 Comprehensive Plan, as well as the corresponding Comprehensive Plan text amendment 0
28 amending Policy 107.1.7 and the proposed LUD map amendment for the site, and provided for 2
29 public comment; and 0
30 2
31 WHEREAS, the Planning Commission adopted a resolution recommending approval of
32 the proposed amendment to the BOCC; and
33
34 WHEREAS, the proposed CP FLUM amendment qualifies as a small-scale 0
35 comprehensive plan amendment under Florida Statutes § Section 163.3187, for which the BOCC
36 shall hold one(1)public hearing to consider the adoption of the proposed Comp.Plan amendment,
37 and to consider the Department's professional staff report, the Department's professional staff
38 recommendation, and the testimony given at the public hearing; and
E
39
40 WHEREAS, at a regular meeting held on the 15Ih day of November, 2022, the Monroe
41 County Board of County Commissioners ("BOCC","Board", "Monroe County", or the"County")
42 held a public hearing to consider adoption of the proposed FLUM amendment, considered the
43 Department's professional staff report, the Department's professional staff recommendation, and
44 provided for public comment and public participation in accordance with the requirements of state
45 law and the procedures adopted for public participation in the planning process; and
46
Packet Pg.4261
S.2.d
I WHEREAS, the BOCC was presented with the following documents and other
2 information relevant to the request,which by reference is hereby incorporated as part of the record
3 of said hearing:
4
5 1. Professional staff report prepared by Cheryl Cioffari, Assistant Director Planning, and
6 Devin Tolpin, Principal Planner, dated October 26, 2022;
7 2. Sworn testimony of Monroe County Planning and Environmental Resources
8 Department professional staff, and
9 3. Advice and counsel of Peter H. Morris, Assistant County Attorney, and Robert B.
10 Shillinger, County Attorney.
11
12 WHEREAS,based upon the information and documentation submitted,the BOCC makes <
CL
13 the following findings of fact and conclusions of law:
14 a�
15 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
16 Monroe County Year 2030 Comprehensive Plan; and
17 2. The proposed amendment is consistent with the Principles for Guiding Development
18 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7),Florida Statutes; 2
19 and
20 3. The proposed amendment is consistent with Part H of Chapter 163, Florida Statutes. 0
21 U
22 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY U
23 COMMISSIONERS OF MONROE COUNTY, FLORIDA: E
24 0
25 Section 1. Recitals and Legislative Intent. The foregoing prefatory recitals and X
26 determinations are true and correct and are hereby incorporated as if fully stated
27 herein. 0
28
29 Section 2. The Future Land Use Map of the Monroe County 2030 Comprehensive Plan is 0
30 amended as follows, contingent upon effectiveness of the corresponding subarea
31 policy:
32
33 The property located 21585 Old State Road 4A, Cudjoe Key, approximately Mile E
34 Marker 22, legally described as a portion of Lot 30, Sacarma a subdivision of 0
35 Government Lots 3 and 4 in Section 29,Township 66 South,Range 28 East, Cudjoe
36 Key, Monroe County, Florida, recorded in Plat Book 2, Page 48 of the Public
37 Records of Monroe County, Florida, currently having property identification
38 number 00174960-000000 is changed from Mixed Use / Commercial ("MC") to
E
39 Residential High ("RH") as shown on Exhibit 1, attached hereto and incorporated
40 herein.
41
42 Section 3. Construction and Interpretation. The construction and interpretation of this
43 ordinance and all Monroe County Comprehensive Plan provision(s), Florida
44 Building Code, Florida Statutes, and Monroe County Code provision(s) whose
45 interpretation arises out of, relates to, or is interpreted in connection with this
46 ordinance shall be liberally construed and enforced in favor of Monroe County, and
Packet Pg.4262
S.2.d
I shall be construed in favor of the BOCC and such construction and interpretation
2 shall be entitled to great weight in adversarial administrative proceedings, at trial,
3 bankruptcy, and on appeal.
4
5 Section 4. No Liability. Monroe County expressly reserves and in no way shall be deemed to
6 have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign,
7 governmental, and any other similar defense, immunity, exemption, or protection
8 against any suit, cause-of-action, demand, or liability.
9
10 Section 5. Severability. If any provision of this ordinance, or any part or portion thereof, is
11 held to be invalid or unenforceable by any administrative hearing officer or court
12 of competent jurisdiction, the invalidity or unenforceability of such provision, or
13 any part or portion thereof, shall neither limit nor impair the operation,
14 enforceability,or validity of any other provision of this ordinance,or any remaining
15 part(s) or portion(s) thereof. All other provisions of this ordinance, and remaining
16 part(s) or portion(s)thereof, shall continue unimpaired in full force and effect.
17
18 Section 6. Repeal of Inconsistent Provisions. All ordinances in conflict with this ordinance
19 are hereby repealed to the extent of said conflict. The repeal of an ordinance herein
20 shall not repeal the repealing clause of such ordinance or revive any ordinance
21 which has been repealed thereby. 0
22 0
23 Section 7. Filin2 and Effective Date. This ordinance shall be filed in the Office of the t)
24 Secretary of the State of Florida and shall become effective as provided by law.
25
26 Section 8. Inclusion in the Comprehensive Plan. The foregoing amendment shall be X
27 incorporated in the Monroe County Comprehensive Plan and included on the Future U)
28 Land Use Map. E
29
30 PASSED AND ADOPTED b the Board of County Commissioners of Monroe County, 2
Y tY tY�
31 Florida, at a regular meeting held on the day of , 2022. 0
32
33 Mayor David Rice
34 Mayor Pro Tem Craig Cates
35 Commissioner Michelle Coldiron
36 Commissioner James K. Scholl
37 Commissioner Holly Merrill Raschein
38
39 BOARD OF COUNTY COMMISSIONERS
40 OF MONROE COUNTY, FLORIDA E
41
42 By:
43 Mayor David Rice
44 (SEAL) MONP ATTORNEY45 ATTEST: KEVIN MADOK, CLERK , PP T FORM
46 t . ,
47
48 AS DEPUTY CLERK PETER MORRIS
ASSISTANT COUNTY ATTORNEY
Date:
Packet Pg.4263
Exhibit 1 to Ordinance# -2022
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The Monroe County Future Land Use Map is amended
as indicated above.
Future Land Use Map partial change of one parcel of land in Cudjoe Key having Real Estate Number 00174960-000000
from Mixed Use/Commercial(MC)to Residential High(RH) N
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21585 Old State Road 4A
Cu�joe Key, Florida
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• 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
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CORRESPONDING
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COMPREHENSIVE PLAN
TEXTAMENDMENT.
language contained in Policy 107. 1.7
wro��
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j "CocoPalms • ! . !' r Housing
housingSubarea" to allow additional Deed-
Restricted affordable
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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 ���'
„
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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.
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ADDITIONAL
TtAPPLICATIONS REQUIRED :
* Major Con itional Use
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