Item S03 S.3
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.3
Agenda Item Summary #11310
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 an Amendment to the Monroe County Land Use District Map from Suburban
Commercial (SC) to Urban Residential (UR) 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 Proposed Amendment to
Comprehensive Plan Policy 107.1.7 to Provide Limitations on Development and Specific
Restrictions on the Subject Property and Proposed Corresponding Amendment of the Future Land
Use Map (FLUM) Category from Mixed Use/Commercial (MC)to Residential High (RH).
ITEM BACKGROUND: On May 9, 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 Land Use District
("LUD") map 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 Applicant has also requested a corresponding Future Land Use Map ("FLUM") amendment for
the property from Mixed Use / Commercial ("MC") to Residential High ("RH") and a
Comprehensive Plan text amendment to amend Comprehensive 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. The existing development restrictions on
the subject parcel, 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 Statute § 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 on Monroe County 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 requesting a text amendment to the Monroe County Comprehensive Plan
("Comprehensive Plan", "Comp. Plan", or "CP") to amend Comprehensive Plan Policy 107.1.7
"Coco Palms Affordable Housing Subarea" which would increase the maximum development
potential for affordable dwelling units concurrently with a proposed FLUM amendment for the
upland portion of the property from Mixed Use/Commercial ("MC")to Residential High ("RH") and
the proposed Land Use District Map amendment for the upland portion of the property from
Suburban Commercial ("SC")to Urban Residential ("UR").
In the application materials, the Applicant states that the reason for the proposed amendments is to
redesignate the property to accommodate an additional thirteen (13) additional units of affordable
housing.
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 U.S. 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.
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
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 make recommendations for 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 held 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.
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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 FLUM amendment
and corresponding proposed Land Use District 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 FLUM and established subarea as compared to the amended
CP FLUM and amended CP Policy 107.1.7, as proposed. LDC 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 Development
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 N/A 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
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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 LUD amendment(and corresponding FLUM amendment)
are contingent upon approval of the amended subarea policy (Planning and Environmental
Resources 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.
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 LUD amendment is not anticipated to adversely impact the community character of
the surrounding area.
Comprehensive Plan amendments 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.
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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
BOCC. For a small-scale Comprehensive Plan amendment, pursuant to Florida Statute § 163.3187,
the BOCC holds one public hearing to consider the adoption of the proposed Comprehensive Plan
amendment, and considers the professional staff report, professional staff recommendation, and the
testimony given at the public hearing.
The proposed LUD amendment and associated FLUM and text 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. 12-22. The Monroe County
Planning Commission ("Planning Commission") considered the proposed LUD 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 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 eighteen (18) dwelling units per buildable acre for a maximum
development potential of thirty-three (33) deed restricted affordable dwelling units designated as
employee housing.
On February 20, 2019, the BOCC adopted Ordinance No. 002-2019 which amended the 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 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 Land Use District Map from Suburban Commercial (SC) to
Urban Residential (UR), for a portion of the 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
on adoption and effectiveness of proposed amendment to Comprehensive Plan Policy 107.1.7 to
provide limitations on development and specific restrictions on the subject property and proposed
corresponding amendment of the Future Land Use Map (FLUM) category from Mixed Use/
Commercial (MC)to Residential High(RH).
DOCUMENTATION:
46802 Ordinance
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Ex.1_to_Ordinance_Map_MHH_Coco_LUDv2
2022-086 BOCC SR 11.15.22
LUD 11X17 MHH Coco
Ex.2 2022-084 Text Amendment Staff Edits
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date: N/A
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Current Year Portion: N/A
Budgeted: N/A
Source of Funds:
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: N/A If yes, amount: N/A
Grant: N/A
County Match: N/A
Insurance Required: N/A
Additional Details: N/A
REVIEWED BY:
Cheryl Cioffari Completed 10/26/2022 6:06 PM
Emily Schemper Completed 10/28/2022 12:56 PM
Peter Morris Completed 10/28/2022 4:51 PM
Purchasing Completed 10/28/2022 4:56 PM
Budget and Finance Completed 10/30/2022 11:34 AM
Brian Bradley Completed 10/31/2022 10:24 AM
Lindsey Ballard Completed 10/31/2022 2:48 PM
Board of County Commissioners Pending 11/15/2022 9:00 AM
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18, , Y
2 4�
4
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 COUNTY
11 COMMISSIONERS AMENDING THE MONROE COUNTY LAND USE
12 DISTRICT MAP FROM SUBURBAN COMMERCIAL (SC) TO URBAN
13 RESIDENTIAL (UR), FOR PROPERTY LOCATED AT 21085 OLD STATE 2
14 ROAD, CUDJOE KEY, MILE MARKER 21, LEGALLY DESCRIBED AS �+
15 LOT 30 SACARMA, A SUBDIVISION OF GOVERNMENT LOTS 3 AND 4
16 IN SECTION 29, TOWNSHIP 66 SOUTH, RANGE 28 EAST (PLAT BOOK
17 2, PAGE 48), MONROE COUNTY, FLORIDA, CURRENTLY HAVING
18 PROPERTY IDENTIFICATION NUMBER 00174960-000000; AS 0
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19 PROPOSED BY MOBILE HOMES HOLDINGS COCO, LLC; 0
20 CONTINGENT UPON ADOPTION AND EFFECTIVENESS OF
21 AMENDMENTS TO COMPREHENSIVE PLAN POLICY 107.1.7 TO
22 INCREASE THE MAXIMUM NET DENSITY AND TO MODIFY THE
23 PERMITTED AS-OF-RIGHT USES AND CONDITIONAL USES ON THE
24 SUBJECT PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING 0
25 FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR as
26 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE 0
27 SECRETARY OF STATE; PROVIDING FOR AMENDMENT TO THE
28 LAND USE DISTRICT MAP; PROVIDING FOR AN EFFECTIVE DATE.
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29
30
31 WHEREAS, on May 11, 2022, the Planning and Environmental Resources Department N
00
32 ("Department") received an application from Smith Hawks, PL, on behalf of Mobile Homes
33 Holdings Coco, LLC ("Applicant") to amend the Monroe County Land Use District Map from
34 Suburban Commercial ("SC") to Urban Residential ("UR") for a portion of property located at
35 21585 Old State Road 4A on Cudjoe Key ("subject property" or the"property"); and
36
37 WHEREAS, the Applicant has also requested a corresponding Future Land Map
38 ("FLUM") amendment for the subject property from Mixed Use / Commercial ("MC") to
39 Residential High ("RH"), and a Comprehensive Plan ("Comp. Plan" or"CP") text amendment to
40 amend Comp. Plan Policy 107.1.7 to increase the maximum net density and to modify the
41 permitted as-of-right uses and conditional uses on the subject property; and
42
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I WHEREAS, the Monroe County Development Review Committee ("DRC") considered
2 the proposed amendments at a regularly scheduled meeting held on the 23rd day of August 2022;
3 and
4
5 WHEREAS,the DRC Memorandum dated August 15, 2022,prepared by Cheryl Cioffari,
6 A.LC.P., Assistant Director of Planning, and Devin Tolpin, A.LC.P., C.F.M., Principal Planner,
7 requests updated data and analysis be provided to support the requested increase for affordable
8 housing on the property through the proposed companion Comp. Plan text amendment; and
9
10 WHEREAS, the Applicant submitted updated data and analysis for the proposed
11 amendments to the Comprehensive Plan, FLUM and Land Use District("LUD") Map to support
12 the request for an increase in density for affordable housing on the property; and
13 �,
.2
14 WHEREAS, on September 1, 2022, the Applicant held a community meeting, as required
15 by Monroe County Land Development Code ("LDC" or "Code") Sections 102-158(a) and 102-
16 159(b), to discuss the proposed LUD Map amendment, and corresponding proposed Comp. Plan
17 text amendment and FLUM amendment, and provide for public participation; and
18
19 WHEREAS, at a regularly scheduled meeting held on October 26, 2022, the Monroe U
20 County Planning Commission held a public hearing for the purpose of considering the proposed U
21 amendment to the LUD Map, as well as the corresponding FLUM amendment and Comp. Plan
22 text amendment amending Policy 107.1.7, and provided for public comment; and
23 X
24 WHEREAS, the Monroe County Planning Commission adopted a resolution
25 recommending to the BOCC approval of the proposed amendment; and E
26
27 WHEREAS, at a regular meeting held on the 15th day of November, 2022,the BOCC held ;2
28 a public hearing to consider adoption of the proposed LUD Map amendment, considered the 2
29 professional staff report and provided for public comment and public participation in accordance
30 with the requirements of state law and the procedures adopted for public participation in the
31 planning process;
32
33 WHEREAS, based upon the documentation submitted and information provided in the N
00
34 accompanying staff report, the BOCC makes the following conclusions of law:
35
36 1. The proposed map amendment is consistent with the provisions of the Monroe County
37 Code ("MCC"):
38 a. As required by MCC § 102-158, the map amendment does not relieve particular
39 hardships, nor confer special privileges or rights on any person, nor permit an
40 adverse change in community character, as analyzed in the Monroe County Year
41 2030 Comprehensive Plan;
42 b. As required by MCC § 102-158(d)(7)(b.), the map amendment is needed due to
43 changed projections and new issues; and
44 2. The proposed map amendment is consistent with the provisions and intent of the
45 Monroe County Year 2030 Comprehensive Plan:
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I a. The Urban Residential ("UR") Land Use District corresponds with the Residential
2 High ("RH") Future Land Use Map ("FLUM") designation and is consistent with
3 the respective density and intensity standards as set forth in CP Policy 101.5.25;
4 b. The Urban Residential ("UR") Land Use District corresponds with the Residential
5 High ("RH") Future Land Use Map ("FLUM") designation, as set forth in CP
6 Policy 101.5.4;
7 c. The proposed amendment is not inconsistent with the Lower Keys Livable
8 CommuniKeys Plan; and
9 3. The proposed map amendment is not inconsistent with the Principles for Guiding
10 Development in the Florida Keys Area of Critical State Concern;
11
12 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY �E
13 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
14
15 Section 1. Recitals and Legislative Intent. The foregoing prefatory recitals and
16 determinations are true and correct and are hereby incorporated as if fully stated
17 herein.
18
19 Section 2. The Monroe County Land Use District map is hereby amended as follows:
20 0
21 The property located at 21585 Old State Road 4A,Cudjoe Key, approximately Mile U
22 Marker 22, legally described as a portion of Lot 30, Sacarma a subdivision of
23 Government Lots 3 and 4 in Section 29,Township 66 South,Range 28 East, Cudjoe :2
24 Key, Monroe County, Florida, recorded in Plat Book 2, Page 48 of the Public X
25 Records of Monroe County, Florida, currently having property identification
26 number 00174960-000000 is changed from Suburban Commercial("SC")to Urban 0
27 Residential("UR"), as shown on Exhibit 1,attached hereto and incorporated herein. X
28 .0
29 This Land Use District map amendment is contingent on adoption and effectiveness
30 of the corresponding Future Land Use Map ("FLUM") amendment from Mixed
31 Use/Commercial ("MC")to Residential High ("RH").
32
33 Section 3. Construction and Interpretation. The construction and interpretation of this
34 ordinance and all Monroe County Comprehensive Plan provision(s), Florida N
35 Building Code, Florida Statutes, and Monroe County Code provision(s) whose00
36 interpretation arises out of, relates to, or is interpreted in connection with this
37 ordinance shall be liberally construed and enforced in favor of Monroe County, and
38 shall be construed in favor of the BOCC and such construction and interpretation E
39 shall be entitled to great weight in adversarial administrative proceedings, at trial,
40 bankruptcy, and on appeal. <
41
42 Section 4. No Liability. Monroe County expressly reserves and in no way shall be deemed to
43 have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign,
44 governmental, and any other similar defense, immunity, exemption, or protection
45 against any suit, cause-of-action, demand, or liability.
46
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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
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. �E
13
2
14 Section 7. Filin2 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.
16
17 Section 8. Inclusion on the Monroe County Code's Official Land Use District May. The
18 provisions of this Ordinance shall be included and incorporated on to the Official
19 Land Use District Map of Monroe County.
20 0
21 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, U
22 Florida, at a regular meeting held on the day of , 2022.
23
24 Mayor David Rice X
25 Mayor Pro Tem Craig Cates
26 Commissioner Michelle Coldiron 0
27 Commissioner James K. Scholl X
2
28 Commissioner Holly Merrill Raschein 0
29 _
30
31 BOARD OF COUNTY COMMISSIONERS
32 OF MONROE COUNTY, FLORIDA
33
34 By: N
35 Mayor David Rice00
36 (SEAL)
37
38 ATTEST: KEVIN MADOK, CLERK IP P VS " TT OR
39
E
40 Dale:
41 AS DEPUTY CLERK
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Exhibit 1 to Ordinance# -2022
00174960-000000
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The Monroe County Land Use District is amended
as indicated above.
Land Use District partial change of one parcel of land in Cudjoe Key having Real Estate Number 00174960-000000
from Suburban Commercial(SC)to Urban Residential(UR) N
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1 � hk ( Y(G
3 MEMORANDUM
4 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
5 We strive to be caring,professional and fair
6
7
8 E
9 To: Monroe County Board of County Commissioners (BOCC)
10 E
d
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
16 Date: October 26, 2022
17 c
18 Subject: An Ordinance by the Monroe County Board of County Commissioners amending the
19 Monroe County Land Use District (Zoning) Map from Suburban Commercial (SC) to W
20 Urban Residential (UR), for property located at 21585 Old State Road 4A, Cudjoe Key, as
21 proposed by Smith Hawks, PL on behalf of Mobile Homes Holdings Coco, LLC;
22 contingent on adoption and effectiveness of proposed amendment to Comprehensive Plan :c
W
23 Policy 107.1.7 to provide limitations on development and specific restrictions on the 0
24 subject property and proposed corresponding amendment of the FLUM category from c
25 Mixed Use/Commercial (MC)to Residential High (RH) (File 42022-86) 2
26 0
27 Meeting: November 15, 2022 2
28 CN
29 LO
30 I . REQUEST
31
32 On May 9, 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 U
34 Monroe County Land Use District(Zoning) map from Suburban Commercial (SC) to Urban Residential 0
35 (UR) for a portion of property located at 21585 Old State Road 4A on Cudjoe Key (the "Property"). The W1
00
36 Applicant has also requested a corresponding Future Land Use Map (FLUM) amendment for the Property 9
37 from Mixed Use/Commercial(MC)to Residential High(RH)and a Comprehensive Plan text amendment N
38 to amend Comprehensive Plan Policy 107.1.7 that would increase the maximum net density of the property N
39 from 18 dwelling units per buildable acre to 25 dwelling units per buildable acre. The existing
40 development restrictions on the subject parcel, including a limitation that the only permitted use on the E
41 property would be affordable housing and accessory uses, would remain. The proposed subarea policy
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 LUD (Zoning) amendment.
PC SR 10.26.2022 Page 1 of 13
File 2022-086
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2 Existing Land Use(Zoning)District Proposed Land Use(Zoning)District
3
4 II. BACKGROUND INFORMATION 0
5 c
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6 Site Information: U
7 Location: MM 22, Cudjoe Key
8 Address: 21585 Old State Road 4A 0
9 Description: Lot 30, Sacarma, Plat Book 2, Page 48, Cudjoe Key, Monroe County, Florida U)
10 Parcel Identification Number: 00174960-000000 E
E
11 Owner/Applicant: Mobile Homes Holdings Coco, LLC c
12 Size of Property: 3.4 acres consisting of 2.3 acres (101,958.1SF) of upland area per survey by Eric 2
13 A. Isaacs of Florida Keys Land Surveying, dated 9/20/2022. 0
14 FLUM Designations: Mixed Use / Commercial (MC) and Residential Conservation (RC); pending
15 application to amend to Residential High (RH)through File 2022-085 N
16 Land Use Districts: Suburban Commercial (SC) and Native Area (NA); pending application to17
17 amend to Urban Residential (UR) It-
18 Tier Designation: III
19 Flood Zones: AE(EL 10) Wi
20 CBRS: No U
21 Existing Use: Developed with 17 mobile homes which are deed restricted affordable to a Declaration
22 of Affordable Housing Deed Restriction recorded in the Public Records of Monroe County at Official W�
23 Records Book 2747, Pages 1667-1677 and four (4) buildings comprised of 16 units of affordable i
24 housing, which are deed restricted affordable through an Employee Housing Deed Restriction N
25 recorded in the Public Records of Monroe County in Official Records Book 3030 Page 1540. A total N
26 of 33 deed restricted affordable dwelling units. u
27 Existing Vegetation/Habitat: Mangrove, Buttonwood, Developed Land and Submerged Land E
28 Community Character of Immediate Vicinity: Adjacent land uses include vacant land to the west, M
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.
PC SR 10.26.2022 Page 2 of 13
File 2022-086
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I The Property currently has Land Use District (Zoning) designations of Suburban Commercial (SC) and
2 Native Area(NA) and Future Land Use Map (FLUM) designations of Mixed Use/Commercial (MC) and
3 Residential Conservation (RC).
4
5 The Property was partially within a BU-2 district (Medium Business) and RU-5P (Mobile Home Park
6 Residential)prior to September 15, 1986. The mobile home park area of the site was entirely within the
7 RU-5P district. With the adoption of the Comprehensive Plan's FLUM in 1997, the Property was given a
8 FLUM designation of Mixed Use/Commercial(MC),Residential High(RH)and Residential Conservation ,E
9 (RC). In 2019, pursuant to Ordinances 002-2019 and 003-2019, the Property was designated with its
10 current FLUM categories of Mixed Use/Commercial(MC)and Residential Conservation(RC)and current E
11 zoning districts of Suburban Commercial (SC) and Native Area(NA).
12
13 The Applicant is requesting a text amendment to the Monroe County Comprehensive Plan to amend
14 Comprehensive Plan Policy 107.1.7"Coco Palms Affordable Housing Subarea" which would increase the
15 maximum development potential for affordable dwelling units concurrently with a proposed Future Land
16 Use Map amendment for the upland portion of the Property from Mixed Use/Commercial (MC) to
17 Residential High (RH) and the proposed Land Use District (Zoning) Map amendment for the upland 0
18 portion of the Property from Suburban Commercial (SC)to Urban Residential (UR). The subject of this 0
19 staff report is the proposed Zoning amendment. U
20
21 In the application materials, the Applicant states that the reason for the proposed amendments is to
22 redesignate the Property to accommodate an additional thirteen(13)additional units of affordable housing. X
23
24 The Applicant states that the reason for the proposed amendments is to address the need of more affordable c
25 housing in Monroe County. The Applicant cites the following documents/data: as
26 1. Affordable Workforce Housing Study for Non-Residential Development, dated June, 2017;
27 2. American Community Survey (ACS) conducted by U.S. Census Bureau; 2
28 3. Florida Housing data compiled by the University of Florida; and N
29 4. Monroe County Affordable Housing Report dated November 2007. LO
17
30 �I
31 This data indicates that in 2020, the ACS estimates that 56% of renter-occupied housing units and 32.5%
32 of owner-occupied housing units are paying 30% or more of their household income for housing'. The LO UI
33 applicant also states that Monroe County ranks as the county with the most cost burdened households U
34 (along with Miami-Dade County). poi
35 00
36 Additionally, "according to the ACS, the median gross rent in Monroe County for the years 2008-2012 N
37 was $1,335. The median gross rent rose by 21.9% to $1,627 for the years 2015-2019. The median gross Q
38 rent in Monroe County is substantially higher than that of the State,which was $987 for years 2008-2012,
39 and $1,175 for years 2015-2019. The median gross rent in Monroe County for the years 2015-2019
40 according to the unit is as follows: $1,221 for a studio apartment; $1,312 for a one-bed room; $1,666 for a
41 a two-bedroom; $1,987 for a three-bedroom; and $2,535 for a four-bedroom. A yearly breakdown from
42 FY 2016 to FY 2022 of the Fair Market Rent by unit bedrooms in Monroe County is provided below:
43
PC SR 10.26.2022 Page 3 of 13
File 2022-086
Packet Pg.4278
FNIRs By U.nit Bedrooms for Monroe C'01, sity, Flori&"'l
Year Efficiency One- Two- Three- Four-
(Studio), Bedroom, Bedroom Bedroom Bed:rooin
FY 2022 $1,333 $1,370 $1,759 $2,261 $2,993
Fl," 2,0,2, 1
F , $1 301 51,344, 1,744, 1,257 2,996,
............................................................................... ............................... ............................................................... ............
Y 2020 1,195 S1,327 $2,287 $2.903
FY 2019 $1,054 $1,240 S,1,640 $2,A57 $2,76 1 E
FY 2048 $960 $1,139 S1,514 S"1, $2...514,
................................................................. ........................................................................................... .......0( E
YY 2017 $1,067 $1,266 $1 M2 $2,110 $2.3"7....................
$999 s,1,1 olo $1,473 $1,828 2.0391
2 The Applicant's full explanation and justification of the proposed amendments is included in the file for T
3 the application (File 2022-086).
4 U)
5 Staff has reviewed the Applicant's position and supporting documentation, and agrees with the position
6 that inadequate availability of affordable housing is currently a primary issue facing permanent residents _J
7 of unincorporated Monroe County. In 2015, the BOCC acknowledged the County's workforce housing 0 U
0
8 issues and adopted Resolution 189-2015, assigning additional duties to the Affordable Housing Advisory U
U)
9 Committee directing the committee to make recommendations for steps the County may take to address
10 the need for more workforce housing options. The committee presented their recommendations to the
11 BOCC at their regular meeting on August 17, 2016. The BOCC held a special meeting on December 6, 0
12 2016, to discuss the recommendations, and provided direction to staff to move forward on several 0U)
13 measures to encourage and incentivize the provision of affordable and workforce housing within the E
0
14 County. Affordable Housing continues to be a pressing issue for the County.
15 .2
.0
16 Additionally, Monroe County suffered the loss of a significant number of housing units due to damage 0
17 caused by Hurricane Irma on September 10, 2017. The BOCC has acknowledged that the pre-existing 2
N
18 affordable housing issues facing the County are even greater and more immediate now due to storm-
LO
19 related losses. 17
20
21 In 2020,the ALICE Report was updated with information based on American Community Survey (2010-
22 2018). The new information affirms the trend of increased difficulty in being able to afford safe, well- U
23 constructed affordable housing. U
0
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PC SR 10.26.2022 Page 4 of 13
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Packet Pg.4279
S.3.c
LICE IIN MONROE COUNTY
2018 Pal t—In-1 Irna Data
P'aspaimd abaini 75,027 Niumiber+af Households:31,362
p adeain,Household Ilmaams $711,97 6(stale eave nary(. y5 a,^'62)
yllnarnparayprcrrainru Rate:".3.11 ('tlaIe am ger:5.2%)
A UCE Ho uselh alla3 29'%,(ana'pe avra,age 33`%,,) pmaaiUsehollds In Poverty Bir,( tlape avemag . 11 3`x,)
Now has the number of t{ensebDIds by Income,Monroe Celttnty,2010 to,201118
ALICE households changed
Over time? 14,0000
AUCE os a,a naclollp'n foe orgy s.ano
gNn�m���
U mltr rJ Ilurr rrr Constrained, 2
o.noo
Enropal aye d households uluau r a,rn �������,� � AL,aE
'!y.ui s
una±a,°m�+.nl,a,n tlNre'.r pa✓dv,all I'ovr,ny L.e�.rvralh o,mao ,
tarup less thwi the bask;czsA Of Ifivina9
e,mao
€uarkNoe e arun7Gw(the ALIa, ' pNior. tas:llm9. t)
Wide ccoidltians have Irrrpaloved fmar kwo
;,olne households,mary confinue po s.00u zs�a L3
;anrtugryllr., aaa Nagr a fall nee
soao tors sole soma so,o
a senrtoal.(N•rou(housing,china cwe,fjod, 0
tna ispont atnona,h allgi emwe,alld ea R1\a U
bask mai°apap•,raooa calla„) N �
U)
L39
Sources:ALICE Threshold,2010-2018;American Community Survey,2010-2018 _
The coat of IN"ouse rood basics outpaces wagles..,, c
1"he HoLisd"lolnl SUrviva'N Ircflec1s�t rrttr'bare lT1llIl1IT1 armn cos[to Illve anal work.nr1 �
U)
the raroderrr racer iorrtt'arlld IrrcllUdes III.pent,L.krlllcf care,food,trarr sIpoll Iatloli,krcalk h �ttr as
care,tach dolor (a srryai tkalrra.rrrmf Ipla irl),alrld tares. It does peat Iprc.Ikide&raanprfks for � � 0
err"rergericies or fta�turc goals lolkm.^r c iolllc.ge,or Iref reilrteM. €pr 20118,Iho€useII costs we,lre M
weH ollaLave tlhfr I Paaarw°1p ty I of "12,11,40 for ra a lragIVe adiAll°alrld ff25j 00 for,a �
krapr,lly of foiiur. 0
Big ca m1&att Y �f CID, oast 22% cN
�. �u p1�p11�lull 11 na�ue My COPY frrra� 83a
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lh�',t"'Ill'Costsrli�Yaarmmmaa�i� y rJf'ip, a�ur �I
Haa,ushigi t 5,14 Weer Cmallasuy lbeaaeaa 11419 1 r,111, �I
hklldCare, f�..... ,xl,�'�� u�ai�ILam��a��rs rw is rum U
a am°r^�r� aV°
�Cr�II @s�rau.t s�laulrtt �;��.; ,� �"�� I
attlltt Care, "ttCt! kill Lower Keys CCD .R 3"r'r 00
Teckmu°Balo 55 i ,1�75 I" mmanC?wwir 3,605 &7% �
I �u��s;kikalneru�u,s ~;;",p�1� �Ltf�r uraafaaf � r��Lroa�a, rclfn�2�; fr"'�:
L
py
Lr3 N
M' iiit➢ttky Tot-al $2,5 18 $ ,1036 Mod,irn�uasimna r^, PI I"MIN "",
ANNUAL T `AL L 31.)2116 ,ape of 12 TametrrAw✓ a afxf aim
tea rf s c t r.P t "�i"* 2 �
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f'rrt Al4r p SUI'MWulmmYgOI r"w ,se,�"rhe 2021vV*!auAdvPrw;fy Ower,,acvwavw�aPrpea
1
PC SR 10.26.2022 Page 5 of 13
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Packet Pg.4280
S.3.c
I While staff agrees with the position that inadequate availability of affordable housing is currently a
2 primary issue facing unincorporated Monroe County, staff is also reviewing the proposed amendment for
3 consistency with State Statutes, Rules, consistency with the Comprehensive Plan, internal consistency
4 with the Land Development Code and balancing all the requirements and policy issues.Proposed increases
5 to density, inclusive of affordable housing requests, must be reviewed for consistency with the
6 Comprehensive Plan and Land Development Code while balanced with competing priorities and policies.
7
8 Community Meeting and Public Participation E
9 In accordance with LDC Sections 102-158(a)and 102-159(b), a community meeting is required to discuss
10 the proposed Future Land Use Map (FLUM) amendment and corresponding proposed Land Use District E
11 (Zoning) Map amendment, and provide for public participation. The Community Meeting was held on
12 September 1, 2022. Concerns from the Community Meeting included [but were not limited to]: ,
13 ■ Not supportive of high density development;
a�
14 ■ Increased traffic and the associated negative impacts; U)
15
16 Prior Relevant BOCC Action
17 On February 20, 2019, the BOCC Adopted Ordinance 001-2019 which established Comprehensive Plan 0
18 Policy 101.7.7 Coco Palms Affordable Housing Subarea. The Policy established a maximum net density U
19 of 18 dwelling units per buildable acre for a maximum development potential of 33 deed restricted U
20 affordable dwelling units designated as employee housing.
21 0
22 On February 20, 2019, the BOCC Adopted Ordinance 002-2019 which amended the FLUM Designation U)
23 for a portion of the Property from Residential High(RH)to Mixed Use/Commercial (MC).
24 On February 20, 2019, the BOCC Adopted Ordinance 003-2019 which amended the Land Use (District) X
25 Zoning Designation for a portion of the Property from Urban Residential Mobile Home(URM)and Native 2
26 Area to Suburban Commercial (SC).
27 2
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28 III. AMENDMENT REVIEW
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29
30 Maximum Density and Intensity by Land Use (Zoning)District
31 The table provides a comparison of the development potential for residential, transient and commercial
32 development of the existing Zoning District and established subarea as compared to the amended Zoning Ui
33 District and amended Policy 107.1.7, as proposed. Section 130-156(b) of the Land Development Code U
34 states: "The density and intensity provisions set out in this section are intended to be applied cumulatively poi
35 so that no development shall exceed the total density limits of this article. For example, if a development00
36 includes both residential and commercial development, the total gross amount of development shall not N
37 exceed the cumulated permitted intensity of the parcel proposed for development." Q
38
39
40
41
42
43
PC SR 10.26.2022 Page 6 of 13
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S.3.c
Maximum Development Potential under SC Zoning District with Subarea Policy (Current)
Land Use Allocated Maximum Gross Open Buildable Development
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 acres* 0.20 1.84 33 du* E
Dwelling Units du/buildable
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 U)
Uses
*100,359 sf(2.3 acres) per survey by Frederick H. Hildebrandt, Island Surveying, Inc., dated 12/5/17.
0
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0
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Maximum Development Potential under UR Zoning District with Subarea Policy (Proposed)
Market Rate 0 du/acre N/A N/A N/A N/A 0 du/acre c
Dwelling Units
Affordable 0 du/acre 25 2.27 0.20 1.87 46 du** E
c
Dwelling Units du/buildable acres * a�
acre
Transient Units 0 du/acre 0 du/acre N/A N/A N/A 0 du/acre c
Nonresidential 0.0 FAR N/A N/A N/A /A 0 sf N
c�
Uses LO
V-
**101 746.2 sf(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 i
Net Change in Development TDR/Market Rate Residential Max Net: n/a U
Potential based on FLUM with 0
Amended Subarea Policy Affordable Residential Max Net: +1300
Transient Allocated: n/a i
N
Nonresidential: n/a Q
1 �
2 As shown in the orange portion of the table, the proposed FLUM amendment with the amended Subarea �E
3 Policy would result in an increase of 13 units in affordable residential development potential. Approval of
4 this LUD amendment (and corresponding FLUM amendment) are contingent upon approval of the
5 amended subarea policy (Planning Department File 2022-084).
6
PC SR 10.26.2022 Page 7 of 13
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Packet Pg.4282
S.3.c
I Any proposed new residential use would be subject to the requirements of Chapter 138 of the Land
2 Development Code related to the Residential Rate of Growth Ordinance (ROGO/NROGO) permit
3 process. Any proposed affordable dwelling units would need to obtain a ROGO allocation (affordable
4 ROGO allocations may be available)prior to issuance of a building permit.
5
6 Compatibility with the Surrounding Area
7 a. Existing Vegetation/Habitat: Developed land; Mangrove habitat; Buttonwood habitat
8 b. Existing Tier Designation: III ,E
9 c. Number of Listed Endangered or Threatened Species: four
10 d. Existing Use: 17 deed-restricted affordable mobile homes and 16 deed-restricted attached dwelling E
11 units
12 e. Community Character of Immediate Vicinity: Mixed Use. Adjacent land uses include vacant land ,
13 to the west, open water to the north, commercial and residential uses to the east, and single-family
14 and multi-family residential uses to the south across US1.
15
16 The proposed Zoning amendment is not anticipated to adversely impact the community character of the M
17 surrounding area. 0
18 c
19 As of the July 20, 2022 BOCC Meeting, the County has 30 affordable ROGO allocations available. In U
20 response to staff s inquiry of how the applicant intends to obtain the additional ROGO allocations in S
21 response to the increased density, the applicant has provided the following statement: 2
22 X
U)
23 "...In addition to the requested amendments, the project requires a minor conditional use
24 approval prior to development. The applicant intends to apply to the County for any c
X
25 additional affordable housing ROGO allocations required post approval of the required 0
26 development orders. Should the County's reserve have insufficient affordable housing
27 ROGO allocations at the time the Applicant applies,the Applicant shall pursue alternative 2
28 avenues to provide the required additional ROGO allocations for the project." CN
29 LO
30
31 IV. CONSISTENCY WITH THE MONROE COUNTY YEAR 2030 COMPREHENSIVE PLAN,
32 THE LOWER KEYS LIVABLE COMMUNIKEYS PLAN AND THE MONROE COUNTY LAND
33 DEVELOPMENT CODE U
c,
34
00
35 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe W1
00
36 County Year 2030 Comprehensive Plan (Note: compliance with Policy 101.5.26 must be established 9
37 prior to BOCC adoption of the proposed FLUM amendment). Specifically: CN
38 C"
39 Goal 101: Monroe County shall manage future growth to enhance the quality of life,ensure the safety of County a
40 residents and visitors, and protect valuable natural resources.
41
42 Objective 101.3
43 Monroe County shall regulate new residential development based upon the finite carrying capacity of the natural
44 and man-made systems and the growth capacity while maintaining a maximum hurricane evacuation clearance
45 time of 24 hours.
46
PC SR 10.26.2022 Page 8 of 13
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Packet Pg.4283
S.3.c
I Policy 101.3.3
2 Monroe County shall allocate at least 20% of the annual allocation, or as may be established by the State of
3 Florida, pursuant to Administration Commission Rules, to affordable housing units as part of ROGO. Any
4 portion of the allocations not used for affordable housing shall be retained and be made available for affordable
5 housing from ROGO year to ROGO year.Affordable housing eligible for this separate allocation shall meet the
6 criteria specified in Policy 601.1.4 and the Land Development Code,but shall not be subject to the competitive
7 Residential Permit Allocation and Point System in Policy 101.6.4. Any parcel proposed for affordable housing
8 shall not be located within an area designated as Tier I as set forth under Goal 105 or within a Tier III-A Special
9 Protection Area as set forth in Policy 205.1.1.
10
11 Objective 101.5
12 Monroe County shall regulate future development and redevelopment to maintain and enhance the character of
13 the community and protect natural resources by providing for the compatible distribution of land uses consistent
14 with the designations shown on the Future Land Use Map.
15
16 Policy 101.5.26
17 In order to continue to implement the Florida Keys Carrying Capacity Study,Monroe County shall promote the
18 reduction in overall County residential density and the preservation of Monroe County's native habitat by
19 enacting legislation which implements the following policy statements for private applications for future land U
20 use map amendments which increase allowable residential allocated density.Private application(s)means those U
21 applications from private entities with ownership of the upland development and parcel(s) of land or includes
22 private upland development on County-owned land.
23 0
24 Private applications requesting future land use map designation amendments received after the effective date
25 of this ordinance (Nov. 20, 2012), which propose increases in allocated residential density shall be required, 0
26 upon amendment approval,to comply with either option (1) or(2)below:... 0
27 2
28 Goal 102: Monroe County shall direct future growth to lands which are most suitable for development and shall Z
29 encourage conservation and protection of environmentally sensitive lands (wetlands, beach berm and tropical 2
30 hardwood hammock). N
31
32 Goal 601: Monroe County shall adopt programs and policies to facilitate access by residents to adequate and `O
33 affordable housing that is safe,decent, and structurally sound, and that meets the needs of the population basedi
34 on type, tenure characteristics,unit size and individual preferences.
35
36 Policy 601.1.4 U
37 All affordable housing projects which receive development benefits from Monroe County, including but not
38 limited to ROGO allocation award(s) reserved for affordable housing, maximum net density, or donations of Wi
39 land, shall be required to maintain the prof ect as affordable for a period of 99 years pursuant to deed restrictions 00
40 or other mechanisms specified in the Land Development Code, and administered by Monroe County or the CN
41 Monroe County Housing Authority. �
42
43 Policy 601.1.8
44 Monroe County shall allocate at least 20% of the annual ROGO allocation, or as may be established by the a
45 State of Florida, pursuant to Administration Commission Rules, to affordable housing units, as specified in
46 Policy 101.3.3. Affordable housing eligible for this separate allocation must meet the criteria established in the <
47 Land Development Code.
48
49
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S.3.c
1
2 Policy 601.1.9
3 Monroe County shall maintain land development regulations which may include density bonuses, impact fee
4 waiver programs, and other possible regulations to encourage affordable housing.
5
6 B. The proposed amendment is consistent with consistent with the Lower Keys Livable
7 Communikeys Plan. Specifically:
8 E
E
9 Objective 1.2
10 Monroe County shall continue to use the Land Use District Map and Future Land Use Map categories to regulate
11 land use by type, density, and intensity.
12 2
13 Policy Item 1.2.1: Monroe County shall continue to recognize the FLUM categories and land use districts as
14 the primary regulatory tools for evaluating development proposals.
15
16 Policy Item 1.2.2: Monroe County shall continue to implement the Florida Keys Area of State Critical Concern
17 and height restriction policies specified within the Monroe County Comprehensive Plan and the Monroe County
18 Land Development Code. c
19 0
20 Objective 4.2 U
U)
21 Monroe County shall encourage affordable and workforce housing in areas identified appropriate for higher
22 intensity commercial,mixed-use, and residential development.
23 X
24 C. The proposed amendment is consistent with the provisions and intent of the Monroe County U)
25 Code Land Development Code.
0
26
27 In accordance with MCC §102-158(d)(5)b., the BOCC may consider the adoption of an ordinance
28 enacting the proposed change based on one or more of the following factors: c
29
30 1. Changed projections (e.g., regarding public service needs)from those on which the text ofboundary
31 was based; 17
17
It-
32 i
33 Per the Applicant:
This amendment ananends the LIM from 'SC to UR and is being filed s,inaa altaneouusly with UI
the corresponding small scale C'onnip. Plana.Amendment and PLUM ananenndnanennt,which collectively
will allow the property to utilize: the UFO: a axi.n7nunau net density standards for deed-restricted00
i
affordable housing units within the Coco Patinas Affordable Housing Subarea., The purpose: of the
Sub-Area Policy is to provide the hospitality, war king waterfront, industrial, and other connauna.erci,al CCIII
34 `N
cruses in Monroe ""oaxnnty with much needed additional affordable workforce: housing which,, under a
the current Comprehensive Plan and absent the Sub-Area Policy,the City and Applicant are unable E
35
to provide or connstruuct. �
36
37 2. Changed assumptions (e.g., regarding demographic trends);
38
39 Per the Applicant:
PC SR 10.26.2022 Page 10 of 13
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Packet Pg.4285
As discussed above. there has been a drailiatic change in the niedimi housing prices within
Monroe: County, which has made it increasingly difficult for the: County to provide the inuch-
needed affordable housing options for the: hospitality, working waterfront, industrial, and other
conimercial use eniployees in Monroe County,. The anienchnent will allow the applicant to provide:
the Comity with inuch-needed additional affordable workforce housing, sotnething that without
the amendment would not be able to be accomplished.
2 E
3 3.Data errors, including errors in mapping, vegetative types and natural features described in Volume
4 1 of the plan; E
5
.2
6 Per the Applicant: N/A
A
7
8 4. New issues; U)
9
10 Per the Applicant: N/A
11 0
12 The Applicant has proposed a corresponding FLUM amendment changing the FLUM designation on 0
13 a portion of the property from Mixed Use/Commercial (MC)to Residential High(RH). The proposed
14 Zoning map amendment is necessary to be consistent with the proposed FLUM amendment. Note,
15 Sections 163.3194 and 163.3201, F.S., require land development regulations to be consistent with and
0
16 implement the Comprehensive Plan. X
U)
17 0
E
18 5. Recognition ofa need for additional detail or comprehensiveness; or 0
X
19 as
20 Per the Applicant: N/A
0
21 2
22 6. Data updates. N
23 LO
24 Per the Applicant: N/A
25
26 In accordance with MCC §102-15 8(d)(5)c., in no event shall an amendment be approved which will
27 result in an adverse community change to the planning area in which the proposed development is U U
28 located or to any area in accordance with a livable communikeys master plan pursuant to findings of 0 M
29 the board of county commissioners. W1
00
30 9
N
31 Per the Applicant:
E
PC SR 10.26.2022 Page 11 of 13
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Packet Pg.4286
The Aniendinent, will not result in ail adverse conuilunity change in the planning area or
the surroun.ding community. The Property is currently developed with thirty-three ('33) deed-
restricted affordable housing dwelling units. The additions of additional affordable dwelling units
will not result in any measurable changes to the conlinunity" as the affordable character of the
Property has already been established, and additional affordable development is compatible with
the existing use of the Property and will not create any significant impacts., The property is in
proximity to parcels,zoned URM, SC (by virtue of its location relative toU.S., Highway 1), SR and
E
NA, and to land uses including mobile hoines, detached single farnily dwellings, and commercial
retail uses,(along the strip adjiacent to U.S. Highway fi., The North side of U.S. Hig hway I nearby E
the Property consists primarily of mobile homes and coinmercial development bordered by
undeveloped land zoned Native Area.. .2
A
The land area which is the subject of the requested Amendment is designated as Tier III,
classified as developed humd, and is not classified as habitat for any protected species.
The Cudjoe Key area serves priniarily as a bedrooni community for eni loynient centers
P 0
in Key West and Marathon. and the proposed Amendment, together with the Site-Specific Text U
0
1 U
Amendinent pelinitting only affordable and accessoi-y uses. is consistent with the surrotuiding
densities, land use categories, and inaccordance with the needs of the area.
2
0
3
4 The proposed L UD map amendment is not anticipated to result in an adverse community change. 0U)
5 E
0
6 V. PROCESS
7
8 Land use (zoning) district map or FLUM amendments may be proposed by the Board of County 02
9 Commissioners, the Planning Commission, the Director of Planning, or the owner or other person having N
10 a contractual interest in property to be affected by a proposed amendment. The Director of Planning shall
LO
11 review and process applications as they are received and pass them onto the Development Review 17
12 Committee and the Planning Commission.
13
14 The Planning Commission shall hold at least one public hearing. The Planning Commission shall review U
U
15 the application, the reports and recommendations of the Department of Planning & Environmental 0
16 Resources and the Development Review Committee and the testimony given at the public hearing. The
17 Planning Commission shall submit its recommendations and findings to the Board of County 00
Q
1
18 Commissioners (BOCC). For a small-scale comprehensive plan amendment, pursuant to Section N
N
Q
19 163.3187, F.S., the BOCC holds one public hearing to consider the adoption of the proposed N
20 comprehensive plan amendment, and considers the staff report, staff recommendation, and the testimony
21 given at the public hearing.
E
22
23 The proposed FLUM amendment and associated LUD and text amendments were reviewed by the Monroe
24 County Development Review Committee at a public meeting on August 23, 2022 and was recommended
25 for approval through DRC Resolution 11-22. The Planning Commission considered the proposed text
26 amendment at a public hearing on October 26,2022.At the October 26,2022 meeting,following review
PC SR 10.26.2022 Page 12 of 13
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I of the proposal and input from the public, the Planning Commission adopted Resolution P32-22,
2 recommending approval with staffs recommended edits during the hearing.
3
4 VI. RECOMMENDATION
5
6 Staff recommends approval of the proposed amendment to the Monroe County Land Use District(Zoning)
7 Map from Suburban Commercial (SC)to Urban Residential (UR), for property located at 21585 Old State
8 Road 4A, Cudjoe Key, as proposed by Smith Hawks, PL on behalf of Mobile Homes Holdings Coco, ,E
9 LLC; contingent on adoption and effectiveness of proposed amendment to Comprehensive Plan Policy
10 107.1.7 to provide limitations on development and specific restrictions on the subject property and E
11 proposed corresponding amendment of the FLUM category from Mixed Use/ Commercial (MC) to
12 Residential High (RH).
13
a�
14 U)
15 VII.EXHIBITS
16
17 1. 1 F X 17" Map Series LUD Amendment 0
18 2. Proposed corresponding Comprehensive Plan Subarea Policy with staff edits. U
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0
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PC SR 10.26.2022 Page 13 of 13
File 2022-086
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S.3.e
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
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subarea policies identify parcels of land that require narrowly-tailored regulation in order to A
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 U
easements that require mandatory eradication of exotic invasive vegetation. (Ord. No. 023-2011) U
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Policy 107.1.7: Coco Palms Affordable Housing Subarea
The purpose of Coco Palms Affordable Housing Subarea is to implement applicable goals, X
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objectives, and policies of the Comprehensive Plan to promote and facilitate development of 0
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affordable housing to meet the needs of Monroe County. 0
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1. Boundary. The Coco Palms Affordable Housing Subarea shall include the upland portion 0
of the property having Real Estate Number 00174960-000000, which consists of 2
approximately 2.30 acres of upland, and is legally described as follows (upland portion):
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LEGAL DESCRIPTION (Upland):
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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
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N 74°45'27" E for a distance of 25.07 feet; thence N 52'36'11" E for a distance of 6.04 9
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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 rii
a distance of 49.23 feet; thence N 83°33'07" E for a distance of 20.97 feet; thence N W
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
Packet Pg.4290
S.3.e
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. E
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001749& -000 00
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C udjoe Key 0
Mil e Marker 22 ;
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2. Land Use Designations. The Coco Palms Affordable Housing Subarea shall be subject to
all regulations applicable to the Res id eiritia1N 1�� 1�1 �� J�1�
Future Land Use Map designation and the ak � :=� � a�e i E, �Jl�°1 1i�1�Resi eiritia1N„
(11.Vj)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 W
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 i
development potential greater than the underlying FLUM category or Land Use (Zoning)
District. E
3. Density Provisions. E
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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 00
preservation of native habitat, the allocated density for the Coco Palms Affordable N
Housing Subarea shall be zero (0). CNi
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b. There shall be no maximum net density standard available for market-rate dwelling X
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.
Packet Pg.4291
S.3.e
Exhibit 2
Estimated Maximum Develo ment Potential
Land Use Allocated Maximum Gross Open Buildable Development
Density Net Density Upland Space Area Potential
Area of Site Ratio E
Market Rate 0 du/acre N/A N/A N/A N/A Odu/acre
Dwelling E
d
Units °
2
Affordable 0 du/acre i.8 2.30 acres* 0.20 1.84 ?� fl�:�
Dwelling 6 c(c„I
Units HeFe
0
Transient 0 du/acre 0 du/acre N/A N/A N/A 0 du/acre c0
Units U)
Nonresidential 0.0 FAR N/A N/A N/A N/A 0 sf
Uses 0
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*,n, 458�101,958 sf(2.3 acres)per survey by ,
17 Eric Isaacs, Florida Keys Land Surveying, dated 09/20/2022. 0
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4. Only the land uses listed below shall be permitted within the Coco Palms Affordable 0
Housing Subarea. 2
a. Permitted as of right.
saemployee housing as provided for in L WC
1 i)cccl restric ecl itmchccl o g units
Section��139 �lu,�u�c, �fl.c�u������,fic�fl.
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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
long as such deed-restricted affordable dwelling units (mobile homes) are
subject to Ch. 723, Florida Statutes; and 00
iv. Non-conforming mobile homes existing as of the date of this policy may 9
remain so long as they are not substantially damaged or destroyed. All Q
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 III.
i. Attached or.. mclhc( we dwellings uu�c �..:�uu � .�� 8 Ji ,, designated as
employee housing as provided for in LDC Section 139-1.
Packet Pg.4292
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
Segfion 13w9
d. Permitted and Conditional use limitations. E
i. All residential units constructed within the subarea shall be deed-restricted
affordable in accordance with Policy 601.1.4; E
ii. No market-rate housing shall be allocated, assigned, transferred to the
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Coco Palms Affordable Housing Subarea, or otherwise developed within
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the Coco Palms Affordable Housing Subarea;
iii. Properties within the Coco Palms Affordable Housing Subarea shall not U)
be eligible sender sites for affordable housing ROGO exemptions or
TREs;
iv. No other residential or nonresidential uses shall be permitted within the 0 U
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subarea; and U
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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*
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new units the resulting 44ft,
units
shall consist of a maximum of fii*e.tee++- 44) moderate
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income, s�Lefi-+7-) 11) median income and se�Lefi-+7-) 11 0
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low-income affordable allocations. Once the
new employee housing units are developed,the affordable housing income 0
restrictions may be reconfigured within the property so as to ensure 2
occupant(s) can meet the income requirements for the unit occupied. U)
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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
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AMENDMENT
Future Land * • amendment
will amend the approximately
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2.3 acres
of upland area from
Mixed Use Commercialto
Residential High ("RH").
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a small scale FLUM amendment
pursuant to Section 163.3187of
Floridathe
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LAND USE DISTRICT
(ZONING ) MAP
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LUD Amendment w
approximatelyacres of upland
area currently within the Suburban
Commercialzoning district
to Urban Residential ("UR").
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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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Approval
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