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Agenda Item: 11(a) |
Prepared By: Mary P. Holden, Planning Manager |
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Business: Ordinance - Second Reading |
Department: Community Affairs - Growth Management |
Subject:
Title
Ordinance - Second Reading - Workforce/Affordable Housing Code Amendments - Mary P. Holden, Planning Manager, Community Affairs/Growth Management
Body
BACKGROUND:
This is the second reading of the proposed code amendments to allow for workforce housing on upper levels of existing multistory commercial structures. The first reading was on February 20, 2024 and discussion pertained to the density table outlined in the 2040 Comprehensive Plan and tracking the existing number of density units. After discussion, the City Council voted 6-1 to approve the first reading with the modifications identified.
Planning Board Summary and Recommendation:
The Planning Board held a public hearing and considered this request at their January 5, 2024 meeting. At the meeting there was much discussion about density and the process for approval of converting the upper levels. The Planning Board tabled the ordinance giving Staff direction to make the approval process a conditional use permit, add a required neighborhood information meeting for an application, and remove parking deviations. The revised ordinance was presented to the Planning Board at their February 2, 2024 meeting. At that meeting there was discussion on the revised ordinance, how this won’t solve the problem but can help, and density. The Planning Board voted 6-1 to forward a recommendation of approval to the proposed amendments to allow for the adaptive reuse/conversion of the upper floors to workforce housing in multistory commercial structures.
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 could have for employers and employees on Marco Island.
The City’s Future Land Use map and density table (on the following pages) in the Future Land Use Element of the City’s Comprehensive Plan indicates the commercial areas having density assigned, whether or not the commercial areas are located in the overlay districts that allow for mixed use. The density limitations are 8 units per acre for Village Commercial and 12 units per acre for Community Commercial, Heavy Commercial and Town Center/Mixed Use. As a result, there is no need for a Comprehensive Plan change to add density.
THIS WAS REMOVED FROM THE ORDINANCE BY THE PLANNING BOARD: In considering parking, please keep in mind the purpose of the use (workforce/affordable housing), and City staff believes that if the parking requirements cannot be met due to the addition of workforce/affordable housing then the lack of parking may be addressed through the use of bicycle racks and a charging station for electric bicycles.
It appears there will be no significant increase in intensity with the conversion of commercial space into workforce/affordable housing units. Based on the allowed and conditional uses in each district, the conversion to workforce/affordable housing would minimal primarily due to traffic in and out of the site.
City staff believes the ability to convert upper-level commercial space, used typically in the past as office, into workforce/affordable housing would be a benefit for the employers, employees, residents and visitors to the City of Marco Island by providing affordable housing conveniently located to the jobs.
PUBLIC NOTICE REQUIREMENTS: 10 days preceding second reading. Legal notice section of newspaper.
NOTICE APPEARANCE DATE(S): February 23, 2024
FUNDING SOURCE / FISCAL IMPACT: N / A
RECOMMENDATION:
Approve the Ordinance 24-07 on second reading.
POTENTIAL MOTION:
Move to approve Ordinance 24-07 on second reading.