Legislation Details

File #: ID 24-3396    Version: 1 Name:
Type: Old Business Status: Agenda Ready
File created: 1/26/2024 In control: Planning Board
On agenda: 2/2/2024 Final action:
Title: ORDINANCE - Continued from January 5, 2024 Planning Board Meeting -Workforce/Affordable Housing Code Amendments
Attachments: 1. Ordinance, 2. Staff Report, 3. Declaration of Restrictive Covenant - Sample
Agenda Item: 10(b)
Prepared By: Mary P. Holden, Senior Planner
Business: Ordinance
Department: Community Affairs - Growth Management
Subject:
Title
ORDINANCE - Continued from January 5, 2024 Planning Board Meeting -Workforce/Affordable Housing Code Amendments
Body


BACKGROUND:

Updated:
Please find attached the revised ordinance pursuant to the Planning Board's direction.

We have not yet compiled the number of residential units in the commercial areas within Marco Island. This task requires more time due to the nuances of where mixed use is allowed, determining what, if any, were approved in the past, and conducting site visits to determine if residential units are present, regardless of approval status. Staff is comfortable proceeding forward with the code changes without the number of residential units.

Previous Staff Report:
The Florida Legislature adopted Section 166.04151(7), Florida Statutes, also known as the "Live Local Act," pre-empting local control of zoning and land use regulations in certain situations. Please find attached a memorandum provided to the City Council in July of 2023 that outlines what municipalities may and may not do. Marco Island does not have many properties that would accommodate a Live Local Act project, so City staff looked at what could be possible by code revisions. The Blue Zones made a presentation to the City Council regarding affordable housing and one suggestion was to allow the repurposing of upper levels of a commercial center into deed restricted affordable housing units (a sample copy of a deed restriction is attached for informational purposes only).

In reviewing the idea of repurposing commercial space to residential space, City staff looked at the City's Future Land Use and Housing Elements of the Comprehensive Plan, allowed density for commercial areas, parking requirements, intensity of residential units over what could be commercially allowed, how to encourage the repurposing, and impact this...

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