SR PC 07.31.19 Page 1 of 25 File # 2018-120

MEMORANDUM

MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring, professional and fair

To: Monroe County Planning Commission From: Cheryl Cioffari, AICP, Acting Senior Director of Planning & Environmental Resources Date: July 19, 2019 Subject: An Ordinance by the Monroe County Board of County Commissioners amending the

Monroe County Comprehensive Plan amending Policy 101.5.25 to allow for a density bonus for site-specific policies, creating Goal 111 and Objective 111.1 to incentivize affordable housing on Stock Island, creating Policy 111.1.1 Stock Island Workforce Subarea 1; establishing the boundary of the Stock Island Workforce Subarea 1; limiting the permitted uses of the subarea to deed restricted affordable housing dwelling units; establishing the maximum net density for affordable housing, height and off-street parking requirements in the subarea; and eliminating allocated density and floor area ratio for properties located at 6325 First Street, 6125 Second Street and 5700 Laurel Avenue on Stock Island as proposed by Wreckers Cay Apartments at Stock Island, LLC. (File #2018-120)

Meeting: July 31, 2019

I. REQUEST

On June 20, 2018, the Planning and Environmental Resources Department received an application from Barton W. Smith of Smith Hawks PL on behalf of Wreckers Cay Apartments at Stock Island, LLC (the “Applicant,”) to amend the Monroe County Comprehensive Plan to establish a goal and objective that incentivizes affordable housing on Stock Island, and to create a subarea policy that would provide additional development restrictions and allowances for properties located at 6325 First Street, 6125 Second Street and 5700 Laurel Avenue on Stock Island (the “Property”). The proposed site specific subarea limits the permitted uses of the subarea to deed restricted affordable housing dwelling units (workforce); and increases the established the maximum net density for affordable housing, increases the height limit and decreases the off-street parking requirements in the area; provides for the transfer of existing TREs and TDRs in the area and eliminates allocated density and floor area ratio on the Property. Related Applications The Applicant has also requested the following: A corresponding Land Use District (Zoning) map amendment for the Property from Urban

Residential Mobile Home (URM) to Urban Residential (UR) for a portion of the Property;

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A text amendment to the Land Development Code Section 130-157 to allow for increased density for properties with MU and UR zoning districts, within Stock Island that apply for an receive a site specific subarea policy as established in the Comprehensive Plan;

A development agreement for the redevelopment of properties collectively known as “Wrecker’s Cay,” involving 279 affordable dwelling units, and the transfer of 80 market rate TREs, 80 TDRs, 18 transient TREs, and 672sf of NROGO exempt floor area. The ten year agreement includes a proposed conceptual site plan, with the proposed development pursuant to the proposed amendments to the Comprehensive Plan and Land Development Code (described above).;

A right-of-way abandonment for a portion of Laurel Ave.; and

A right-of-way abandonment for a portion of Maloney/1st Street.

II. BACKGROUND INFORMATION Site Information:

Location: MM 5, Stock Island Address: 6325 First Street, 6125 Second Street and 5700 Laurel Avenue on Stock Island Parcel ID Number: 00124540-000000, 00124550-000000 and 00124560-000000 Owner/Applicant: Wrecker’s Cay Apartments at Stock Island, LLC Size of Affected Portion of Property: 349,692 SF (8.03 acres)

00124540-000000: 167,029 SF (3.83 acres) per survey by Robert E. Reece of ALTA/NSPS Land Title Survey, dated 4/30/2018;

00124550-000000: 88,913 SF (2.04 acres) per survey by Robert E. Reece of ALTA/NSPS Land Title Survey, dated 4/30/2018; and

00124560-000000: 93,750 SF (2.15 acres) per survey by Robert E. Reece of ALTA/NSPS Land Title Survey, dated 4/30/2018.

FLUM Designations: Residential High (RH) Land Use Districts: Urban Residential (UR) and Urban Residential Mobile Home (URM) Tier Designation: III Flood Zones: AE (EL 9 and 10) CBRS: No Existing Use: Developed with 3 mobile home parks and accessory uses and structures. Existing Vegetation/Habitat: Developed Land and Mangrove Community Character of Immediate Vicinity: Adjacent land uses include nonresidential to the north and west, residential and public uses to the south; and open water to the east across US1.

The property currently has a Land Use District (Zoning) designation of Urban Residential (UR) and Urban Residential Mobile Home (URM) and a Future Land Use Map (FLUM) designation of Residential High (RH). The property was within the URM (urban residential mobile home) district prior to September 15, 1986. With the adoption of the Comprehensive Plan’s FLUM in 1997, the property was given the current FLUM designation of Residential High (RH).

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The property is currently developed with three (3) mobile home parks locally known as Waters Edge Colony Trailer Park, Tropic Palms Mobile Home Park and Woodson’s Trailer Park and accessory uses and structures. 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 to create a new goal and objective to incentivize affordable housing on Stock Island, and to establish a site specific subarea policy to accompany a concurrently proposed Land Use District (Zoning) Map amendment from Urban Residential Mobile Home (URM) to Urban Residential (UR) for a portion of the property. The amendment is proposed to establish a site-specific subarea that generally includes the property depicted below:

In the application materials, the Applicant states that the reason for the proposed amendments is “The Stock Island area serves primarily as a workforce community for employment centers in Key West and Marathon, and the proposed Amendment will bolster the ability for residents to obtain affordable housing in proximity to Key West and Marathon employment centers.” The Applicant states:

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… The Applicant’s full explanation and justification of the proposed amendments is included in the file for the application (File #2018-120). Staff has reviewed the Applicant’s position and supporting documentation, and agrees with the position that inadequate availability of affordable housing is currently a primary issue facing permanent residents of unincorporated Monroe County. In 2015, the BOCC acknowledged the County’s workforce housing issues and adopted Resolution 189-2015, assigning additional duties to the Affordable Housing Advisory Committee directing the committee to make recommendations for steps the County may take to address the need for more workforce housing options. The committee presented their recommendations to the BOCC at their regular meeting on August 17, 2016. The BOCC held a special meeting on December 6, 2016, to discuss the recommendations, and provided direction to staff to move forward on several measures to encourage and incentivize the provision of affordable and workforce housing within the County. The 2014 ALICE report indicates that renters in the Lower Keys areas are significantly housing burdened over 35%, as follows: by 68% in Key West, by 69% in Stock Island, by 72% in Big Coppitt, by 56% in the Lower Keys and by 42% in Big Pine Key.

In 2017, the ALICE Report was updated with information based on 2015 American Community Survey. The new information affirms the trend of increased difficulty in being able to afford safe, well-constructed affordable housing.

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Furthermore, Monroe County suffered the loss of a significant number of housing units due to damage caused by Hurricane Irma on September 10, 2017. The BOCC has acknowledged that the pre-existing affordable housing issues facing the County are even greater and more immediate now due to storm-related losses. While staff agrees with the position that inadequate availability of affordable housing is currently a primary issue facing unincorporated Monroe County, staff is also reviewing the proposed amendment for consistency with State Statutes, Rules, internal consistency with the Comprehensive Plan and balancing all the requirements and policy issues. Concept Meeting In accordance with LDC Section 102-158(a), a concept meeting was held on August 27, 2018 to discuss proposed Comprehensive Plan text amendment. It was determined that the proposed text amendment will not have a county-wide impact because the proposed amendment establishes a Goal for Stock Island to incentivize affordable housing and the associated subarea policy is site specific and limited to three (3) parcels. Community Meeting A community meeting was held on April 30, 2019 to discuss proposed Comprehensive Plan text amendment. Public comment included concerns about potential maximum net density, market-rate/workforce as provided under LDC Section 139-1, reason for inclusion of suburban commercial (SC) zoning district, rental/ownership of units, definition of workforce housing, transferring allocated density, impact to protest procedure, and internal consistency between proposed goal, objective and policy.

III. PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENTS The Applicant’s proposed text is shown as follows: additions are in underlined, deletions are stricken through. Policy 101.5.25 Monroe County hereby adopts the following density and intensity standards for the future land use categories, which are shown on the FLUM and described in Policies 101.5.1—101.5.20. [F.S. § 163.3177(6)(a)1.]

Future Land Use Densities and Intensities

Minimum Open

Space Ratio (c)

Future Land Use Category and Corresponding Zoning

Residential (l) Nonresidential

Allocated Density (a)

(per upland acre) Maximum Net

Density (a)(b)

(per buildable acre)

Maximum Intensity

(floor area ratio)

Agriculture/Aquaculture (A) (d) (no directly corresponding

0 du 0 rooms/spaces

N/A N/A

0.25 Per underlying

zoning

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zoning)

Airport (AD) (AD zoning)

0 du 0 rooms/spaces

N/A N/A

0.10 0.20

Commercial (COMM) (C1 and C2 zoning)

0 du 0 rooms/spaces

N/A N/A

0.15—0.50 0.20

Conservation (C) (CD zoning)

0 du 0 rooms/spaces

N/A N/A

0.05 0.90

Education (E) (d) (no directly corresponding zoning)

0 du 0 rooms/spaces

N/A N/A

0.30 Per underlying

zoning

Industrial (I) (I and MI zoning)

1 du 0 rooms/spaces

2 du N/A

0.25—0.60 0.20

Institutional (INS) (d) (no directly corresponding zoning)

0 du 15 rooms/spaces

N/A 24 rooms/spaces

0.30 Per underlying

zoning

Mainland Native (MN) (MN zoning)

0.01 du 2 spaces (e)

N/A N/A

0.03

0.95—0.99

Military (M) (MF zoning)

6 du 10 rooms/spaces

12 du 20 rooms/spaces

0.30—0.50 0.20

Mixed Use/Commercial (MC) (f)(g) (SC, UC, DR, RV, MU and MI zoning)

1 du (DR, MU, MI) 3 du (SC) 6 du (UC)

Commercial Apartments (RV) (h)

5—15 rooms/spaces

2 du (MI) 6-18 du (SC) (k)

12 du (UC) 12—18 du (MU) (k) (n)

18 du (DR)

10—25 rooms/spaces

0.10—0.45 (SC, UC, DR, MU)

<2,500 SF (RV)

0.30—0.60 (MI)

0.20

Mixed Use/Commercial Fishing (MCF) (f) (CFA, CFV, CFSD zoning)

1 du (CFSD-20) (i)

3 du (CFA, all other CFSD)

1 du/lot (CFV)

0 rooms/spaces

12 du (CFA, CFSD)

N/A (CFV)

N/A

0.25—0.40

0.20

Preservation (P) (d) (P zoning)

0 du 0 rooms/spaces

N/A N/A

0

1.00

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Public Buildings/Lands (PB) (d) (no directly corresponding zoning)

0 du

0 rooms/spaces

N/A

N/A

0.30 Per underlying

zoning

Public Facilities (PF) (d) (no directly corresponding zoning)

0 du 0 rooms/spaces

N/A N/A

0.30 Per underlying

zoning

Recreation (R) (PR zoning)

0 du 2 rooms/spaces

N/A N/A

0.20 0.90

Residential Conservation (RC) (OS and NA zoning)

0—0.10 du (OS) 0.25 du (NA)

0 rooms/spaces

N/A N/A

0—0.20 0.95

Residential Low (RL) (SS, SR, and SR-L zoning)

0.50 du

0 rooms/spaces

3 du (SR-L) 5 du (SR)

or 1 du/lot (SR) (m)

N/A (SS)

N/A

0.25 0.50

(SR, SR-L)

0.80 (SS)

Residential Medium (RM) (IS, IS-V, IS-M and IS-D (j)zoning)

1 du/lot (IS, IS-V, IS-M)

2 du/lot (IS-D)

0 rooms/spaces

N/A

N/A

0

0.20

Residential High (RH) (IS-D (j) , URM, URM-L and UR zoning)

6 du (UR) 1du/lot (URM, URM-

L) 2 du/lot (IS-D)

0—10 rooms/spaces

12—25 du (UR) (k) (n)

N/A (IS-D, URM, URM-L)

0—20 rooms/spaces

0

0.20

Notes:

(a) The allocated densities for submerged lands, salt ponds, freshwater ponds, and mangroves shall be 0 and the maximum net density bonuses shall not be available.

(b) The Maximum Net Density is the maximum density allowable with the use of TDRs, or for qualifying affordable housing development. TDRs can be utilized to attain the density between the allocated density standard up to the maximum net density standard. Deed restricted affordable dwelling units may be built up to the maximum net density without the use of TDRs. "N/A" means that maximum net density bonuses shall not be available. Buildable acres means the portion of a parcel of land that is developable and is not required open space.

(c) Additional open space requirements may apply based on environmental protection criteria; in these cases, the most restrictive requirement shall apply.

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(d) Future land use categories of Agriculture/Aquaculture, Education, Institutional, Preservation, Public Buildings/Lands, and Public Facilities, which have no directly corresponding zoning, may be used with new or existing zoning districts as appropriate.

(e) Within the Mainland Native future land use district, campground spaces and nonresidential buildings shall only be permitted for educational, research or sanitary purposes.

(f) For properties consisting of hammocks, pinelands or disturbed wetlands within the Mixed Use/ Commercial and Mixed Use/ Commercial Fishing future land use categories, the maximum floor area ratio shall be 0.10 and the maximum net density bonuses shall not be available.

(g) A mixture of uses shall be maintained for parcels designated as MI zoning district that are within the MC future land use category. Working waterfront and water dependent uses, such as marina, fish house/market, boat repair, boat building, boat storage, or other similar uses, shall comprise a minimum of 35% of the upland area of the property, adjacent to the shoreline, pursuant to Policy 101.5.6.

(h) In the RV zoning district, commercial apartments shall be allowed, not to exceed 10% of total spaces allowed or in existence on the site, whichever is less.

(i) The allocated density for the CFSD-20 zoning district (Little Torch Key) shall be 1 dwelling unit per acre, or 1 dwelling unit per parcel for those parcels existing as of September 15, 1986, whichever is less, and the maximum net density bonuses shall not be available. Residential density shall be allowed in addition to the permitted nonresidential uses and intensity (i.e., density and intensity shall not be counted cumulatively).

(j) Within IS subdivisions with primarily single family residential units, IS-D zoning may be used with a RM future land use designation for platted lots which have a duplex that was lawfully established prior to September 15, 1986.

(k) The maximum net density shall be 25 du/buildable acre for the UR zoning district and shall be 18 du/buildable acre for the MU and SC zoning district for development where all units are deed restricted affordable dwelling units. For the UR zoning district market rate housing may be developed as part of an affordable or employee housing project with a maximum net density not exceeding 18 du/buildable acre.

(l) Vessels, including live-aboard vessels, or associated wet slips are not considered dwelling units and do not count when calculating density.

(m) Within the Residential Low future land use category, the maximum net density for platted lots of less than 0.40 gross acres within the SR zoning district shall be 1 dwelling unit per platted lot, provided all of the following conditions are met:

(n) Density bonus above the max net density provided may be permitted for a property within a site-specific policy area under Goal 111.

1) The parcel must be one full platted lot shown on a plat approved by the County and duly recorded prior to January 2, 1996;

2) The platted lot may not be identified for any other use or purpose on the plat (e.g., "park," "common area," etc.);

3) The platted lot must have a Tier designation of Tier III;

4) Notwithstanding Policy 101.13.2, the maximum net density may only be reached with the transfer of one (1) full TDR to the SR lot, regardless of the size of the lot and the allocated density assigned to it;

5) The TDR must meet all requirements and procedures specified in Policy 101.13.3 and Section 130-160 of the Land Development Code;

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6) TDRs under this provision may not be transferred into noise zones of 65 DNL or greater; and

7) The subject parcel must comply with Policy 301.2.5 regarding legal access.

*****

Goal 111 Monroe County shall manage future growth to enhance the quality of life and safety of County residents, and prioritize the provision of workforce housing (households that derive at least seventy percent (70%) of their household income from gainful employment in Monroe County) that is safe, code compliant, and resilient. Incentivize it through density bonuses that exceed the density limitations in Policy 101.5.25 and Section 130-157 of the Land Development Code within approved site-specific areas located on Stock Island. Objective 111.1 Monroe County shall create site-specific areas located in Stock Island which provide density bonuses for developing workforce housing in areas suitable for workforce housing. Such site specific areas shall facilitate the transference of ROGO and TDR, vary parking, and allow for three (3) stories within the height envelope based on acceptable data and analysis that evidences the sufficient intermodal transportation including bust stops, bicycle paths, and utilization of scooters.

Policy 111.1.1 Stock Island Workforce Area 1- To provide Limitations on Development and Specific Restrictions

Development in the Stock Island Workforce Area 1 shall be subject to regulations applicable to the Residential High Future Land Use Designation except as provided below:

1. Notwithstanding the density standards set forth in Policy 101.5.25, the Maximum Net Density of the Stock Island Workforce Area 1 shall be 40 dwelling units per acre and shall not require transferable development rights.

2. The Eighty (80) market rate dwelling units and their associated Eighty (80) allocated density rights may be transferred anywhere in the Lower Keys upon application and approval of a minor conditional use.

3. Buildings that are voluntarily elevated up to three (3) feet above base flood to be three (3) habitable floors, excluding mechanical components and elevator shafts.

4. Parking requirements shall be 1 parking space per one bedroom unit, 1.5 parking spaces per two bedroom unit, and 2 parking spaces per three bedroom unit

5. Nonresidential uses shall be prohibited. Accessory uses to the residential development, such as a club house or recreational facilities, are permitted.

6. There shall be no market rate or transient residential units. 7. The protest procedures set forth within Sec. 102-158(d)(8) are applicable to applications

submitted under this Policy 111.1.1. * * *

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IV. ANALYSIS OF PROPOSED AMENDMENT Military Installation Area of Impact (MIAI) The proposed text amendment was transmitted to the Commanding Officer of Naval Air Station Key West on February 20, 2019 as required by Comprehensive Plan Objective 108.1 and Policies 108.1.1 and 108.1.3. Within 30 days from the date of receipt from Monroe County of proposed changes, the Naval Air Station Key West commanding officer or his or her designee may provide comments to Monroe County on the impact proposed changes may have on the mission of the military installation. No comments have been received. Traffic Study and Parking Analysis The submitted Level 3 Traffic Study and Parking Analysis prepared by Trident Engineering dated August 2018 is currently under review with the County’s Traffic Engineer. Proposed Text Amendment Language The following table itemizes the individual components of the Applicant’s proposed site specific subarea policy and provides staff’s analysis and recommendation for each item:

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Applicant’s Proposed Language Analysis Staff Recommendation

Policy 101.5.25 Maximum Net Density (a)(b) (per buildable acre): 12—18 du (MU) (k) (n)

Mixed Use/Commercial (MC) (f)(g) (SC, UC, DR, RV, MU and MI zoning)

1 du (DR, MU, MI)

3 du (SC) 6 du (UC)

Commercial Apartments (RV) (h)

5—15

rooms/spaces

2 du (MI) 6-18 du (SC) (k)

12 du (UC) 12—18 du (MU) (k) (n)

18 du (DR)

10—25 rooms/spaces

0.10—0.45 (SC, UC, DR,

MU)

<2,500 SF (RV)

0.30—0.60 (MI)

0.20

Residential High (RH) (IS-D (j) , URM, URM-L and UR zoning)

6 du (UR) 1du/lot (URM,

URM-L) 2 du/lot (IS-D)

0—10

rooms/spaces

12—25 du (UR) (k) (n)

N/A (IS-D, URM,

URM-L)

0—20 rooms/spaces

0

0.20

(n) Density bonus above the max net density provided may be permitted for a

property within a site-specific policy area under Goal 111.

This policy allows for a density increase when a site specific subarea is established under a new proposed goal that intends to incentivize affordable housing within Stock Island.

Approval with modifications. Amend language to specify that the proposal results in a density increase for site specific subarea policies established under Goal 111. Remove language proposing to increase density in the Mixed Use (MU) Land Use (Zoning) District.

Goal 111 Monroe County shall manage future growth to enhance the quality of life and safety of County residents, and prioritize the provision of workforce housing (households that derive at least seventy percent (70%) of their household income from gainful employment in Monroe County) that is safe, code compliant, and resilient. Incentivize it through density bonuses that exceed the density limitations in Policy 101.5.25 and Section 130-157 of the Land Development Code within approved site-specific areas located on Stock Island.

The proposed goal seeks to create incentives the development of workforce housing through increased density. There is no definition for “workforce housing” in the Comprehensive Plan or the LDC. The Comprehensive Plan and the LDC defines “affordable housing”.

Approval with modifications. Amend policy to use the term “affordable housing” which is defined in the Comprehensive Plan and the LDC. Add statement that all new dwelling units on the subject property will be subject to the ROGO permit allocation system. Modify the language within the proposed Goal to indicate all affected regulations and/or development requirements that may be varied through the establishment of a site specific subarea policy under Goal 111.

Objective 111.1 Monroe County shall create site-specific areas located in Stock Island which provide density bonuses for developing workforce housing in areas suitable for workforce housing. Such site specific areas shall facilitate the transference of ROGO and TDR, vary parking, and allow for three (3) stories within the height envelope based on acceptable data and analysis that evidences the sufficient intermodal transportation including bus stops, bicycle paths, and utilization of scooters.

The proposed objective is internally inconsistent with proposed Goal 111 as the objective expands beyond the scope identified within the Goal. Incentives to increase affordable housing within Stock Island through modification to existing transferable development rights policies, off-street parking requirements and height of structure, should be specified within the language of Goal 111.

Approval with modifications. Amend Goal 111 to clearly indicate incentives to increase affordable housing within Stock Island through modification to existing transferable development rights policies, off-street parking requirements and height of structure.

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Policy 111.1.1 Stock Island Workforce Area 1- To provide Limitations on Development and Specific Restrictions Development in the Stock Island Workforce Area 1 shall be subject to regulations applicable to the Residential High Future Land Use Designation except as provided below: 1. Notwithstanding the density standards set forth in Policy 101.5.25, the

Maximum Net Density of the Stock Island Workforce Area 1 shall be 40 dwelling units per acre and shall not require transferable development rights.

Policy should clarify that there is will be no maximum net density standard available for market-rate or transient units for internal consistency. The maximum development potential utilizing under maximum net are based on dwelling units per buildable acre.

Approval with modifications. Add statement that there shall be no maximum net density standard available for market rate dwelling units or transient units. Amend language to clarify that max net density is based on dwelling units per buildable acre.

2. The Eighty (80) market rate dwelling units and their associated Eighty (80) allocated density rights may be transferred anywhere in the Lower Keys upon application and approval of a minor conditional use.

Transfer of ROGO exemptions is established through Policy 101.6.8. The proposed language is inconsistent with Policy 101.13.2. Density must to remain with the site proposed for the development of new affordable housing dwelling units. Transfer of a site’s allocated density removes all development rights and prohibits any development under allocated density or maximum net density calculations. Additionally, Monroe County has adopted Interim Development Ordinances (IDOs) through Ordinance 011-2017 and Ordinances 020-2018 and clarified through Resolution 203-2018. The IDOs and clarifying resolution defer the approval of new private applications or received applications that are not yet approved, proposing to utilize Monroe County Code Section 139-2 (Affordable Housing Incentive Program) or Section 138-22(b) (Transfer of ROGO exemptions off site) to transfer market rate units to another location except as approved through Resolution 203-2018, to allow the transfer of market rate ROGO exemptions pursuant to Section 139-2 (Affordable Housing Incentive Program) and/or Section 138-22(b) (Transfer of ROGO Exemptions Off-Site) only to receiver properties that meet all of the following criteria:

1. receiver site is designated as Tier III; and 2. receiver site is a legally platted lot; and 3. receiver site is within the Improved Subdivision (IS) Land

Use District or the Urban Residential Mobile Home (URM) Land Use District; and

4. receiver site is located within the same ROGO planning subarea as the sender site; and

5. receiver site property is not a working waterfront.

Approval with modifications. Delete proposed language.

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The proposed text amendment (File 2019-114) to resolve the IDOs is in process and will be considered by the DRC on June 25, 2019.

3. Buildings that are voluntarily elevated up to three (3) feet above base flood to be three (3) habitable floors, excluding mechanical components and elevator shafts.

The Affordable Housing Advisory Committee (AHAC) recommended that the BOCC direct staff to evaluate and develop comprehensive plan and land development code amendments to create a Workforce Housing overlay for the Planning Commission to recommend and Board of County Commissioners to approve an extra story for the development of an exclusive workforce housing project, up to maximum of 40 feet.

Approval with modifications. Modify language to clarify that mechanical equipment and elevator shafts are included in calculation of overall height and shall not exceed height limitations established in Comprehensive Plan Policies 101.5.30 and 101.5.33 and LDC Section 131-2.

4. Parking requirements shall be 1 parking space per one bedroom unit, 1.5 parking spaces per two bedroom unit, and 2 parking spaces per three bedroom unit

Current LDC regulations allows for a reduction in off-street parking either when shared parking is utilized or a parking demand study is approved. The Stock Island – Key Haven Livable Communikeys Plan (LCP) identifies actions desired by the local community that directly relate to off-street parking that include:

Action Item 1.1.2: Amend the parking requirements in the overlay district by offering a parking credit for on-street parking spaces located directly in front of the development being served.

Action Item 9.1.2: Amend the parking regulations of the Land Development Regulations to reduce the amount of required vehicular parking spaces in commercial establishments in exchange for scooter spaces.

Approval with modifications. Modify language that the parking requirements may be reduced based on acceptable data and analysis, reviewed and approved by the Planning Director, that evidences the sufficient intermodal transportation including bus stops, bicycle paths and utilization of scooters.

5. Nonresidential uses shall be prohibited. Accessory uses to the residential development, such as a club house or recreational facilities, are permitted.

This statement is consistent with the purpose of the amendment. However, it does not clearly state any limitation on the maximum floor area ratio.

Approval with modifications. Add statement: the maximum floor area ratio (FAR) for all nonresidential uses within the subarea shall be zero.

6. There shall be no market rate or transient residential units.

Policy should clarify that there is will be no maximum net density standard available for market-rate or transient units for internal consistency.

Approval with modifications. Add statement that there shall be no maximum net density standard available for market rate dwelling units or transient units.

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7. The protest procedures set forth within Sec. 102-158(d)(8) are applicable to applications submitted under this Policy 111.1.1.

Protest procedures in LDC Section 102-158(d)(8) require a favorable vote by the BOCC during the transmittal stage of a proposed Comprehensive Plan text amendment.

Approval.

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V. STAFF-RECOMMENDED CHANGES TO PROPOSED AMENDMENT 1 2 As noted above, the Applicant’s proposed text, as submitted on June 20, 2018 and revised on May 3 22, 2019, additions are shown in underlined, deletions are stricken through. Staff proposed 4 amendments are as additions in red underline, deletions are red stricken through. 5 6

***** 7 Policy 101.5.25 8 Monroe County hereby adopts the following density and intensity standards for the future land use 9 categories, which are shown on the FLUM and described in Policies 101.5.1—101.5.20. [F.S. § 10 163.3177(6)(a)1.] 11

Future Land Use Densities and Intensities

Minimum Open

Space Ratio (c)

Future Land Use Category and Corresponding Zoning

Residential (l) Nonresidential

Allocated Density (a)

(per upland acre) Maximum Net

Density (a)(b)

(per buildable acre)

Maximum Intensity

(floor area ratio)

*****

Residential High (RH) (IS-D (j) , URM, URM-L and UR zoning)

6 du (UR) 1du/lot (URM, URM-

L) 2 du/lot (IS-D)

0—10 rooms/spaces

12—25 du (UR) (k) (n)

N/A (IS-D, URM, URM-L)

0—20 rooms/spaces

0

0.20

Notes:

(a) The allocated densities for submerged lands, salt ponds, freshwater ponds, and mangroves shall be 0 and the maximum net density bonuses shall not be available.

(b) The Maximum Net Density is the maximum density allowable with the use of TDRs, or for qualifying affordable housing development. TDRs can be utilized to attain the density between the allocated density standard up to the maximum net density standard. Deed restricted affordable dwelling units may be built up to the maximum net density without the use of TDRs. "N/A" means that maximum net density bonuses shall not be available. Buildable acres means the portion of a parcel of land that is developable and is not required open space.

(c) Additional open space requirements may apply based on environmental protection criteria; in these cases, the most restrictive requirement shall apply.

(d) Future land use categories of Agriculture/Aquaculture, Education, Institutional, Preservation, Public Buildings/Lands, and Public Facilities, which have no directly corresponding zoning, may be used with new or existing zoning districts as appropriate.

(e) Within the Mainland Native future land use district, campground spaces and nonresidential buildings shall only be permitted for educational, research or sanitary purposes.

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(f) For properties consisting of hammocks, pinelands or disturbed wetlands within the Mixed Use/ Commercial and Mixed Use/ Commercial Fishing future land use categories, the maximum floor area ratio shall be 0.10 and the maximum net density bonuses shall not be available.

(g) A mixture of uses shall be maintained for parcels designated as MI zoning district that are within the MC future land use category. Working waterfront and water dependent uses, such as marina, fish house/market, boat repair, boat building, boat storage, or other similar uses, shall comprise a minimum of 35% of the upland area of the property, adjacent to the shoreline, pursuant to Policy 101.5.6.

(h) In the RV zoning district, commercial apartments shall be allowed, not to exceed 10% of total spaces allowed or in existence on the site, whichever is less.

(i) The allocated density for the CFSD-20 zoning district (Little Torch Key) shall be 1 dwelling unit per acre, or 1 dwelling unit per parcel for those parcels existing as of September 15, 1986, whichever is less, and the maximum net density bonuses shall not be available. Residential density shall be allowed in addition to the permitted nonresidential uses and intensity (i.e., density and intensity shall not be counted cumulatively).

(j) Within IS subdivisions with primarily single family residential units, IS-D zoning may be used with a RM future land use designation for platted lots which have a duplex that was lawfully established prior to September 15, 1986.

(k) The maximum net density shall be 25 du/buildable acre for the UR zoning district and shall be 18 du/buildable acre for the MU and SC zoning district for development where all units are deed restricted affordable dwelling units. For the UR zoning district market rate housing may be developed as part of an affordable or employee housing project with a maximum net density not exceeding 18 du/buildable acre.

(l) Vessels, including live-aboard vessels, or associated wet slips are not considered dwelling units and do not count when calculating density.

(m) Within the Residential Low future land use category, the maximum net density for platted lots of less than 0.40 gross acres within the SR zoning district shall be 1 dwelling unit per platted lot, provided all of the following conditions are met:

(n) Density bonus increase above the max net density provided may be permitted for a property within a site-specific policy subarea under Goal 111.

1) The parcel must be one full platted lot shown on a plat approved by the County and duly recorded prior to January 2, 1996;

2) The platted lot may not be identified for any other use or purpose on the plat (e.g., "park," "common area," etc.);

3) The platted lot must have a Tier designation of Tier III;

4) Notwithstanding Policy 101.13.2, the maximum net density may only be reached with the transfer of one (1) full TDR to the SR lot, regardless of the size of the lot and the allocated density assigned to it;

5) The TDR must meet all requirements and procedures specified in Policy 101.13.3 and Section 130-160 of the Land Development Code;

6) TDRs under this provision may not be transferred into noise zones of 65 DNL or greater; and

7) The subject parcel must comply with Policy 301.2.5 regarding legal access.

1

***** 2

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Goal 111 1 Monroe County shall manage future growth to enhance the quality of life and safety of County 2 residents, and prioritize the provision of affordable housing workforce housing (households that 3 derive at least seventy percent (70%) of their household income from gainful employment in Monroe 4 County) that is safe, code compliant, and resilient. To incentivize the supply of affordable housing 5 near employment centers, the County shall provide for the development of site-specific land use 6 mechanisms, limited to density increases up to a maximum of 40 affordable dwelling units per 7 buildable acre, transfer of ROGO exemptions within the Lower Keys, modification to height, and 8 alternate off-street parking requirements, to augment the development potential to address the 9 inadequate availability of affordable housing in the Lower Keys. Incentivize it through Applicant’s 10 may propose density increases bonuses that exceed the density limitations in Policy 101.5.25 and 11 Section 130-157 of the Land Development Code within approved site-specific subareas located on 12 Stock Island. This Goal shall only be available to properties within the Residential High (RH) 13 Future Land Use Map (FLUM) category on Stock Island, as established through a site specific 14 subarea policy. 15 16 Objective 111.1 17 Monroe County shall create site-specific subareas located in Stock Island which provide density 18 increases up to a maximum of 40 affordable dwelling units per buildable acre bonuses for 19 developing workforce affordable housing in suitable areas located in close proximity to an 20 employment center (Key West) suitable for workforce housing. Such site specific subareas may shall 21 facilitate the transference of ROGO-exemptions (TREs) TDR, may vary off-street parking 22 requirements, and may allow for up to three (3) stories within the building height envelope based on 23 acceptable data and analysis that evidences the sufficient intermodal transportation including bust 24 stops, bicycle paths, and utilization of scooters. All site-specific area located on Stock Island shall 25 require a Policy defining the development restrictions and allowances for the site. 26

27 Policy 111.1.1 Stock Island Workforce SubaArea 1- To provide Limitations on Development 28 and Specific Restrictions 29

30 Development of affordable housing in the Stock Island Workforce SubaArea 1 shall be subject to 31 regulations applicable to the Residential High (RH) Future Land Use Designation except as provided 32 below: 33 34

1. Notwithstanding the density standards set forth in Policy 101.5.25, the Maximum Net Density of 35 the Stock Island Workforce SubaArea 1 shall be 40 dwelling units per buildable acre for property 36 within the UR zoning districts and shall not require transferable development rights. 37

2. There shall be no allocated or maximum net density standard available for market rate dwelling 38 units or transient units. 39

3. The maximum floor area ratio (FAR) for all nonresidential uses within the subarea shall be zero. 40

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4. The Eighty (80) market rate dwelling units and their associated Eighty (80) allocated density 1 rights may be transferred in the Lower Keys upon application and approval of a minor 2 conditional use. 3

4. Buildings that are voluntarily elevated up to three (3) feet above base flood may be developed 4 with to be three (3) habitable floors, excluding mechanical components and elevator shafts. 5

5. Parking requirements shall be 1 parking space per one bedroom unit, 1.5 parking spaces per two 6 bedroom unit, and 2 parking spaces per three bedroom unit, based on acceptable data and 7 analysis reviewed and approved by the Planning Director that evidences the sufficient intermodal 8 transportation including bus stops, bicycle paths, and utilization of scooters. 9

6. Nonresidential uses shall be prohibited. Accessory uses to the residential development, such as a 10 club house or recreational facilities, are permitted. 11

7. There shall be no market rate or transient residential units. All new residential units developed 12 within the Stock Island Workforce Subarea 1 shall be subject to the ROGO permit allocation 13 system. 14

8. The protest procedures set forth within Sec. 102-158(d)(8) are applicable to applications 15 submitted under this Policy 111.1.1. 16

9. A development agreement shall be required for any proposed development of an affordable 17 housing project within the Stock Island Workforce Subarea 1 to define the income category 18 distribution for the proposed development. 19

10. All new affordable units developed within the Stock Island Workforce Subarea 1 shall require 20 occupants to derive at least seventy percent (70%) of their household income from gainful 21 employment in Monroe County. 22

11. The boundary for the Stock Island Workforce Subarea 1 is legally described as: <provide full 23 legal description of the subarea> 24

<insert map> 25 26

***** 27 28

VI. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE 29 STOCK ISLAND-KEY HAVEN LIVABLE COMMUNIKEYS PLAN, THE PRINCIPLES 30 FOR GUIDING DEVELOPMENT, AND FLORIDA STATUTES. 31

32 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the 33

Monroe County 2030 Comprehensive Plan. Specifically, it furthers: 34 35 Goal 101: Monroe County shall manage future growth to enhance the quality of life, ensure the 36 safety of County residents and visitors, and protect valuable natural resources. 37 38 Objective 101.3 39 Monroe County shall regulate new residential development based upon the finite carrying 40 capacity of the natural and man-made systems and the growth capacity while maintaining a 41 maximum hurricane evacuation clearance time of 24 hours. 42

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1 Policy 101.3.3 2 Monroe County shall allocate at least 20% of the annual allocation, or as may be established by 3 the State of Florida, pursuant to Administration Commission Rules, to affordable housing units 4 as part of ROGO. Any portion of the allocations not used for affordable housing shall be retained 5 and be made available for affordable housing from ROGO year to ROGO year. Affordable 6 housing eligible for this separate allocation shall meet the criteria specified in Policy 601.1.4 and 7 the Land Development Code, but shall not be subject to the competitive Residential Permit 8 Allocation and Point System in Policy 101.6.4. Any parcel proposed for affordable housing shall 9 not be located within an area designated as Tier I as set forth under Goal 105 or within a Tier III-10 A Special Protection Area as set forth in Policy 205.1.1. 11 12 Objective 101.5 13 Monroe County shall regulate future development and redevelopment to maintain and enhance 14 the character of the community and protect natural resources by providing for the compatible 15 distribution of land uses consistent with the designations shown on the Future Land Use Map. 16 17 Policy 101.5.4 18 The principal purpose of the Residential High (RH) future land use category is to provide for 19 high-density single-family, multi-family, and institutional residential development, including 20 mobile homes and manufactured housing, located near employment centers. 21 22 GOAL 108 23 The compatibility of lands adjacent to or closely proximate to the Boca Chica airfield of Naval 24 Air Station Key West (NASKW) pursuant to Sections 163.3175 and 163.3177, Florida Statutes, 25 shall be achieved through the implementation of the Objectives and Policies, incorporated herein. 26 Achieved is defined as being consistent with the Objectives and Policies, incorporated herein. 27 (Ord. No. 012-2012, DEO 12-1ACSC-NOI-4401-(A)—(I), eff. 7-19-2012) 28 29 Objective 108.1 30 Naval Air Station Key West and Monroe County shall exchange information to encourage 31 effective communication and coordination concerning compatible land uses as defined herein. 32 (Ord. No. 012-2012, DEO 12-1ACSC-NOI-4401-(A)—(I), eff. 7-19-2012) 33 34 Policy 108.1.1 35 Monroe County shall transmit to the commanding officer of Naval Air Station Key West 36 information relating to proposed changes to comprehensive plans, plan amendments, Future 37 Land Use Map amendments and proposed changes to land development regulations which, if 38 approved, would affect the intensity, density, or use of the land adjacent to or in close proximity 39 to the Naval Air Station Key West (within the Military Installation Area of Impact (MIAI)). 40 Pursuant to statutory requirements, Monroe County shall also transmit to the commanding 41 officer copies of applications for development orders requesting a variance or waiver from height 42 requirements within areas defined in Monroe County's comprehensive plan as being in the MIAI. 43 Monroe County shall provide the military installation an opportunity to review and comment on 44 the proposed changes. (Ord. No. 012-2012, DEO 12-1ACSC-NOI-4401-(A)—(I), eff. 7-19-45 2012) 46

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Policy 108.1.2 1 Monroe County shall coordinate with Naval Air Station Key West and the Department of 2 Economic Opportunity (State Land Planning Agency) to review Best Practices and provide 3 guidance on recommended sound attenuation options to be identified in development orders for 4 optional implementation in new construction and redevelopment of existing structures in areas 5 located within the MIAI. The list of recommended sound attenuation options may be based on 6 the level of noise exposure, level of sound protection, and the type of residential construction or 7 manufactured housing that is proposed. Monroe County and the Naval Air Station Key West will 8 coordinate with the Department of Economic Opportunity to identify state and federal housing 9 programs, and to develop informational literature to inform qualified homeowners of the 10 availability of potential funds for sound attenuation. (Ord. No. 012-2012, DEO 12-1ACSC-NOI-11 4401-(A)—(I), eff. 7-19-2012) 12 13 Policy 108.1.3 14 Within 30 days from the date of receipt from Monroe County of proposed changes, the Naval Air 15 Station Key West commanding officer or his or her designee may provide comments to Monroe 16 County on the impact proposed changes may have on the mission of the military installation. 17 Monroe County shall forward a copy of any comments regarding comprehensive plan 18 amendments to the state land planning agency. The commanding officer's comments, underlying 19 studies, and reports shall not be binding on Monroe County. Monroe County shall take into 20 consideration any comments provided by the Naval Air Station Key West commanding officer or 21 his or her designee and shall also be sensitive to private property rights and not be unduly 22 restrictive on those rights. (Ord. No. 012-2012, DEO 12-1ACSC-NOI-4401-(A)—(I), eff. 7-19-23 2012) 24 25 Goal 601: Monroe County shall adopt programs and policies to facilitate access by residents to 26 adequate and affordable housing that is safe, decent, and structurally sound, and that meets the 27 needs of the population based on type, tenure characteristics, unit size and individual 28 preferences. 29 30 Policy 601.1.4 31 All affordable housing projects which receive development benefits from Monroe County, 32 including but not limited to ROGO allocation award(s) reserved for affordable housing, 33 maximum net density, or donations of land, shall be required to maintain the project as 34 affordable for a period of 99 years pursuant to deed restrictions or other mechanisms specified in 35 the Land Development Code, and administered by Monroe County or the Monroe County 36 Housing Authority. 37 38 Policy 601.1.8 39 Monroe County shall allocate at least 20% of the annual ROGO allocation, or as may be 40 established by the State of Florida, pursuant to Administration Commission Rules, to affordable 41 housing units, as specified in Policy 101.3.3. Affordable housing eligible for this separate 42 allocation must meet the criteria established in the Land Development Code. 43 44 45 46

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Policy 601.1.9 1 Monroe County shall maintain land development regulations which may include density 2 bonuses, impact fee waiver programs, and other possible regulations to encourage affordable 3 housing. 4 5

B. The proposed amendment is consistent with the Stock Island Livable Communikeys Plan. 6 Specifically, it furthers: 7

8 Action Item 2.3.1 9 Continue to recognize land use districts and FLUM categories as the regulatory tool used for 10 evaluating individual proposals for compliance with land development standards such as type of 11 use and intensity of use. 12 13 Action Item 3.1.1 14 Provide a density bonus unique to Stock Island to encourage the development of low to very low 15 income rental housing. 16 17 Strategy 3.3 18 Maintain and improve the existing amount of low to very low affordable housing options. 19 20 Action Item 3.4.3 21 Increase density bonuses for low and very low income. 22 23

C. The amendment is consistent with the Principles for Guiding Development for the Florida 24 Keys Area, Section 380.0552(7), Florida Statutes. 25

26 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan 27 with the principles for guiding development and any amendments to the principles, the principles 28 shall be construed as a whole and no specific provision shall be construed or applied in isolation 29 from the other provisions. 30 (a) Strengthening local government capabilities for managing land use and development so that local government is 31

able to achieve these objectives without continuing the area of critical state concern designation. 32 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass beds, wetlands, 33

fish and wildlife, and their habitat. 34 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical vegetation 35

(for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife, and their habitat. 36 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic development. 37 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys. 38 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, and ensuring 39

that development is compatible with the unique historic character of the Florida Keys. 40 (g) Protecting the historical heritage of the Florida Keys. 41 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed major public 42

investments, including: 43 44

1. The Florida Keys Aqueduct and water supply facilities; 45 2. Sewage collection, treatment, and disposal facilities; 46 3. Solid waste treatment, collection, and disposal facilities; 47 4. Key West Naval Air Station and other military facilities; 48 5. Transportation facilities; 49 6. Federal parks, wildlife refuges, and marine sanctuaries; 50

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7. State parks, recreation facilities, aquatic preserves, and other publicly owned properties; 1 8. City electric service and the Florida Keys Electric Co-op; and 2 9. Other utilities, as appropriate. 3

4 (i) Protecting and improving water quality by providing for the construction, operation, maintenance, and 5

replacement of stormwater management facilities; central sewage collection; treatment and disposal facilities; 6 and the installation and proper operation and maintenance of onsite sewage treatment and disposal systems. 7

(j) Ensuring the improvement of nearshore water quality by requiring the construction and operation of wastewater 8 management facilities that meet the requirements of ss. 381.0065(4)(l) and 403.086(10), as applicable, and by 9 directing growth to areas served by central wastewater treatment facilities through permit allocation systems. 10

(k) Limiting the adverse impacts of public investments on the environmental resources of the Florida Keys. 11 (l) Making available adequate affordable housing for all sectors of the population of the Florida Keys. 12 (m) Providing adequate alternatives for the protection of public safety and welfare in the event of a natural or 13

manmade disaster and for a postdisaster reconstruction plan. 14 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining the Florida 15

Keys as a unique Florida resource. 16 17 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent 18 with the Principles for Guiding Development as a whole and is not inconsistent with any 19 Principle. 20 21

D. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute 22 (F.S.). Specifically, the amendment furthers: 23 24 163.3161(4), F.S. – It is the intent of this act that local governments have the ability to preserve 25

and enhance present advantages; encourage the most appropriate use of land, water, and 26 resources, consistent with the public interest; overcome present handicaps; and deal 27 effectively with future problems that may result from the use and development of land within 28 their jurisdictions. Through the process of comprehensive planning, it is intended that units 29 of local government can preserve, promote, protect, and improve the public health, safety, 30 comfort, good order, appearance, convenience, law enforcement and fire prevention, and 31 general welfare; facilitate the adequate and efficient provision of transportation, water, 32 sewerage, schools, parks, recreational facilities, housing, and other requirements and 33 services; and conserve, develop, utilize, and protect natural resources within their 34 jurisdictions. 35

36 163.3161(6), F.S. – It is the intent of this act that adopted comprehensive plans shall have the 37

legal status set out in this act and that no public or private development shall be permitted 38 except in conformity with comprehensive plans, or elements or portions thereof, prepared 39 and adopted in conformity with this act. 40

41 163.3177(1), F.S. – The comprehensive plan shall provide the principles, guidelines, standards, 42

and strategies for the orderly and balanced future economic, social, physical, environmental, 43 and fiscal development of the area that reflects community commitments to implement the 44 plan and its elements. These principles and strategies shall guide future decisions in a 45 consistent manner and shall contain programs and activities to ensure comprehensive plans 46 are implemented. The sections of the comprehensive plan containing the principles and 47 strategies, generally provided as goals, objectives, and policies, shall describe how the local 48 government’s programs, activities, and land development regulations will be initiated, 49

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modified, or continued to implement the comprehensive plan in a consistent manner. It is not 1 the intent of this part to require the inclusion of implementing regulations in the 2 comprehensive plan but rather to require identification of those programs, activities, and land 3 development regulations that will be part of the strategy for implementing the comprehensive 4 plan and the principles that describe how the programs, activities, and land development 5 regulations will be carried out. The plan shall establish meaningful and predictable standards 6 for the use and development of land and provide meaningful guidelines for the content of 7 more detailed land development and use regulations. 8

9 163.3201, F.S. – Relationship of comprehensive plan to exercise of land development regulatory 10

authority.—It is the intent of this act that adopted comprehensive plans or elements thereof 11 shall be implemented, in part, by the adoption and enforcement of appropriate local 12 regulations on the development of lands and waters within an area. It is the intent of this act 13 that the adoption and enforcement by a governing body of regulations for the development of 14 land or the adoption and enforcement by a governing body of a land development code for an 15 area shall be based on, be related to, and be a means of implementation for an adopted 16 comprehensive plan as required by this act. 17

18 VII. PROCESS 19

20 Comprehensive Plan Amendments may be proposed by the Board of County Commissioners, the 21 Planning Commission, the Director of Planning, or the owner or other person having a contractual 22 interest in property to be affected by a proposed amendment. The Director of Planning shall review 23 and process applications as they are received and pass them onto the Development Review 24 Committee and the Planning Commission. 25 26 The Planning Commission shall hold at least one public hearing. The Planning Commission shall 27 review the application, the reports and recommendations of the Department of Planning & 28 Environmental Resources and the Development Review Committee and the testimony given at the 29 public hearing. The Planning Commission shall submit its recommendations and findings to the 30 Board of County Commissioners (BOCC). The BOCC holds a public hearing to consider the 31 transmittal of the proposed comprehensive plan amendment, and considers the staff report, staff 32 recommendation, and the testimony given at the public hearing. The BOCC may or may not 33 recommend transmittal to the State Land Planning Agency. The amendment is transmitted to State 34 Land Planning Agency, which then reviews the proposal and issues an Objections, 35 Recommendations and Comments (ORC) Report. Upon receipt of the ORC report, the County has 36 180 days to adopt the amendments, adopt the amendments with changes or not adopt the 37 amendment. 38 39

VIII. STAFF RECOMMENDATION 40 41 Staff is recommending approval of the proposed amendment, with the following recommended 42 changes: 43 44

1. Amend language in note (n) of Policy 101.5.25 to replace “bonus” with “increased” density; 45

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2. Amend language in Policy 101.5.25 to limit density increase to the Residential High (RH) 1 Future Land Use Map (FLUM) category; 2

3. Indicate all of the incentives provided to encourage the development of affordable housing 3 under the proposed Goal 111 and indicate a maximum density per buildable acre; 4

4. Modify the language in the proposed objective to clarify the incentives provided to 5 encourage the development of affordable housing, the eligible zoning districts and to require 6 the establishment of a Policy to utilize Goal 111; 7

5. Remove the term workforce and replace with affordable housing throughout the goal, 8 objective and policy; 9

6. Amend language within the proposed site specific subarea policy to: 10 a. Indicate that max net density is based on dwelling units per buildable acre; 11 b. Specify that no allocated or maximum net density for market rate or transient units is 12

available on the site; 13 c. Specify the maximum floor area ratio (FAR) for all nonresidential uses within the 14

subarea shall is zero; 15 d. Remove proposed language related to transfers of development rights; ; 16 e. Clarify that mechanical equipment and elevator shafts are be included in calculation 17

of overall height and shall not exceed height limitations established in 18 Comprehensive Plan Policies 101.5.30 and 101.5.33 and LDC Section 131-2; 19

f. Require data an analysis to be reviewed and approved by the Planning Director for 20 off-street parking decreases; 21

g. Include a statement that new residential units are subject to the ROGO permit 22 allocation system; 23

h. Set parameters to establish an income category distribution schedule for the site; 24 i. Relocate language to add a criteria within this policy for occupants to derive at least 25

70% of their household income from gainful employment in Monroe County; and 26 j. Add a legal description and map showing the subarea boundaries. 27