Ordinance 003-2020 2
3
5
6 MONROE COUNTY, FLORIDA
7 MONROE COUNTY' BOARD OF COUNTY COMMISSIONERS
8
9 ORDINANCE NO.003-2020
10
11
12 AN ORDINANCE AI C E THE MONROE COUNTY O OF
13 COUNTY COMMISSIONERS AMENDING CD OE COUNTY
14 LAND DEVELOPMENT CODE SECTION TION 13 -1 7, MAXIMUM
15 PERMANENT ENT RESIDENTIALDENSITY AND REQUIREDOPEN
16 SPACE, TO PROVIDE A DENSITY BONUS ABOVE THE
17 MAXIMUM NET DENSITY FOR A PROPERTYSUBJECT TO A
18 SITE-SPECIFIC SUBAREA POLICY ESTABLISHED UNDER
19 PROPOSED GOAL III OF THE COMPREHENSIVE L,A d`, AS
20 PROPOSED BY SMITH/HAWKS, L ON BEHALF 'W C S
21 CAS'APARTMENTS AT STOCK ISLAND, LLC; PROVIDING FOR
22 S F; ABILI"T'Y; PROVIDING FOR L E. L OF CONFLICTING
"IT' G
23 PROVISIONS; PROVIDING FOR TRANSMITTAL I'TTAL CD THE STATE
24 LAND PLANNING AGENCY Y AND THE SECRETARY OF STATE;
25 PROVIDING FOR INCLUSION IN THE M NROE COUNTY
26 CODE; PROVIDING FOR AN EFFECTIVE DATE. (File #201 - 63)
27
28
29
30
31 WHEREAS, can April 8, 2019, the Planning and Environmental Resources Department
32 received an application from Barton W. Smith of Smith 1-lawks PL on behalf of Wreckers Cay
33 Apartments at Stock Island, LLC (the "Applicant,") to amend the Monroe County Land
34 1Developrnent Code ,Section 1.30-157 to allow for a density increase above the maximum net
35 density for a property subject to a site specific subarea policy established ender proposed Goal 11
36 of the Monroe County Comprehensive Flan; and
37
38 WHEREAS, on April 30, 2019 a community meeting was held, as required by L:iDC
39 Section 1.0 -159(b)(3), to discuss the proposed Comprehensive:Plan and.Land Development Code
40 text amendments, and to provide for public participation; and
41
2 WHEREAS,the Monroe County Development Review Committee(IDRC) considered and
43 reviewed the proposed amendment at a regularly scheduled meeting held on the 25"' day of.tune,
4 2019;. and.
45
Ordinance No. 003 2020 Page 1 of
File##201.9-063
I WHEREAS, the Monroe County Planning Commission held a public hearing on July 31
2 2019, for review and consideration of the proposed. amendment and recommended approval
3 through Planning Commission Resolution P31-19; and
4,5 WHEREAS, staff is recommending approval of the proposed amendments to the Monroe
6 County Land Development Code, Section 130-157 to allow for a density increase above the
7 maximum net density for a property subject to a site specific subarea policy established Linder
8 proposed Goal 11 of the Monroe County Comprehensive Plan; and
9
10 WHEREAS, at a regularly scheduled meeting held on the 22"d day of January, 2020, the
11 Monroe County Board of County Commissioners held a public hearing,considered the staff report,
12 and provided for public comment and public participation in accordance with the requirements of
13 state law and the procedures adopted for public participation in the planning process;
14
15 WHEREAS, based upon the documentation submitted and information provided in the
16 accompanying staff report, the BOCCrnakes the following Conclusions of Law:
17
18 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
19 Monroe County Year 2030 Comprehensive Plan; and
20 2, The proposed amendment is consistent with the Principles for Guiding Development
21 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
22 3, The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statute; and
23 4, The proposed amendment is necessary due to consistency with the Comprehensive Plan
24 and the principles for guiding development, as required by Section 102-1.58 of the
25 Monroe County Code.
26 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
27 COMMISSIONERS OF Cal CAE COUNTY, FLORIDA:
28
29 Section 1® The Monroe County Land Development Code is hereby amended as follows:
30
Pro mas�edAm=endment (deletions are 4+teken4hF additions are shown in underlined)._1
31
32 Chapter 138 — LAND USE DISTRICTS
33 ARTICLE V—LAND USE INTENSITIES
34
35
36 See, 130-157. - Maximurn Permanent Residential Density and Minimum Required Open
37 Space.
38 The maximum permanent residential density for those uses permitted by this chapter and
39 mininium required open space shall be in accordance with the following table:
40
Maximum Permanent Residential Density and Minimum Open Space
Ordinance No. Do3 -2020 Page 2 of 5
File#2019-063
Allocated Density G009 I MaximumNet Density Minimum
Land Use District DU/Gross Acre of C)pen.
Space
Upland i DU/Buildable Acre Ratio(a)
Urban Residential (UR) J 6.0 TDRs: 1 .0 1 0.20
Affordable: 25.0
(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) Vessels, including live-aboard vessels or associated wet slips, are not considered dwelling
units and do not count when calculating density.
(c) Maximum Net Density is the maximurn density allowable with the use of the 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" rneans
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.
(d) Additional open space requirements may apply based on environmental protection criteria-
see additional open space ratios in Chapter 118. In accordance with section 101-2(1),the most
restrictive of these ratios applies.
...... .. ...... ...................... ......... ............................. .. ... .
(e) For properties consisting of hammocks, pinelands or disturbed. wetlands within the Mixed Use/j
Commercial and.Mixed Use/Commercial Fishing future land use categories, the maximum net
density bonuses shall not be available.
. .. .......... .......... ....... . ., . ............. .......................
(f) Per Policy 101.5.25,the allocated density for the CFSD-20 land use district(Little Torch Key') �
shall be l 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
avai➢able, Residential density shall be allowed in addition to the permitted nonresidential uses and
intensity (i.e., density and intensity shall not be counted cumulatively).
(g) The minimum open space ratio for the MN zoning district is 0.99 for permanent residential
uses. For campground and nonresidential uses within the lV[N zoning district, the minimum open
space ratio is 0.95, as; shown in the density and intensity tables in Sections 130-162 and 130-164.
(h) 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 of the Comprehensive Plan.
(i) Per Section 130-92(a)(4), in the RV zoning district, commercial apartments shall be the only _I
permanent residential use allowed, not to exceed 1.0% of total RV spaces allowed or in existence
on the site, whichever is less,
0) Within the SR zoning district, the maximurn net density for platted lots of less than 0,40 gross
acres shall be 1 dwelling unit per platted lot, provided all of the following conditions are,net:
Ordinance No. 003 -2020 Page 3 of 5
Pile 2019-063
1) The parcel must be one Sell platted lot shown on a plat approved by the County and duly
recorded prior to January 2, 1996;
2) The
W(platted loft may not e identified for any other use or purpose on the plat(e.g., "park,"'
tiAmmo
"cn area," etc,.), .1
3) The;platted lot must have a Tier designation of Tier 111;
4) Notwithstanding Section 130-1601, the, maximum net density may only be reached with the
transfer,of one(1) full TD R to the SR lot„regardless of the size of the lot and the allocated density
assigned to it;
5) The TIT must meet all requirements and procedures specified in Section 130-1.60;
6) TD Rs under this provision may not be transferred into noise zones of 65 DNL oi-greater; and
7) The subject parcel must comply with policy 301,2.5 of the Comprehensive Plan regarding legal
access.
Lk Dens ty increase above the max net de.nsit rovided ma be permitted for a'�aert within a
site specific policy subarea under Goal 111. of the, Comprehensive Ilan. �
1 _ ..
3
4 Section 2,. SeygEqbifity. if any section, paragraph, subdivision, clause, sentence or
prevision of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid„
6 such judge-rent shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but
7 the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or
8 provision immediately involved in the controversy in which such judgment or decree shall b
9 rendered.
10
11 Section 3. Copfflicting Provisions. All ordinances or parts of ordinances in conflict with
12 this ordinance are hereby repealed to the extent of said conflict.
1.3
14 Section 4e Transmittal. This ordinance shall be transmitted to the Florida State Land
15 Planning Agency as required by F.S. 380.05 (11) and F.S. 380.0552(9).
1
17 Section 5. Filigg. This ordinance shall be filed in the Office of the Secretary of the ,State
18 of Florida but shall not become effective pursuant to Section 9 until a final order is issued according
19 to F.S. 380.05(6) by the Florida State Land Planning Agency or Administration Commission
20 approving, the ordinance, and if the finial order is challenged, until the challenge to the order is
21 resolved pursuant to F.S. Chapter 1.20.
22
231 Section 6. Inclusion in the Monroe County Code.The provisions of this Ordinance shall
4 be included and incorporated in the Code of Ordinances of the County of Monroe„ Florida, as an
25 addition to amendment thereto, and shall be appropriately renumbered to conform to the uniform
26 marking system of the Code,
27
Ordinance No, 003 -2020 Page 4 of
File #201.9-03
1 Section 7. Effective Date. This ordinance shall become effective contingent on
2 effectiveness of the corresponding amendments to the Monroe County Year 2030 Comprehensive
3 Plan and as provided by law and stated above.
4
5 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
6 Florida, at a regular meeting held on the 22"dday of January , 2020 .
7
8 Mayor Heather Carruthers Yes
9 Mayor Pro Tern Michelle Coldiron Yes
10 Commissioner Craig Cates Yes
11 Commissioner Sylvia Murphy Yes
12 Commissioner David Rice Yes
13
14
15 BOARD OF COUNTY COMMISSIONERS
16 OF MONROE COUN ,F OR1DA
17;1V 1, BY
„, =19 ` .F-.1L.,,..4� MAYOR AT CARRUTHERS
1 20 t .( zei:PA R
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IV
4' z `X " I FFVIN MADOK, CLERK
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NONR06 COUNTY ATTORNEY
25 DEPUTY CLERK mi ''�
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ASSISTANT COUNTY ATTORNEY
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Ordinance No. 003 -2020 Page 5 of 5
File#2019-063
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RECEIVED
The Florida Keys Only Daily Newspaper,Est. 1876 q
PO Box 1800,Key West FL 33041 JHN 7 ZOZO
P:(305)292-7777 ext.219 F:(305)295-8025
legals@keysnews.com
MONROE COUNTY ATl"OR;"''
MONROE CO PLANNING DEPT
MURRY E NELSON GOVERNMENT CENTER
102050 OVERSEAS HWY
KEY LARGO FL 33037
- - - -
_ _ ,Account: 138694 Ticket: 327514 - ". .- ;*
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA [legal.text]
COUNTY OF MONROE
Before the undersigned authority personally appeared
nn ( LS Ora ,who on oath says that he or she is
a. rt POI Ue. of the Key West Citizen, a daily
newspaper publishe4in Key t, in Monroe County, Florida;that the attached
copy of advertisment,being a legal notice in the matter of was published in said
newspaper in the issues of:
Sunday, January 5,2020
Affiant further says that the Key West Citizen is a newspaper published in Key
West, in said Monroe County, Florida and that the said newspapers has hereto-
fore been continuously published in said Monroe County, Florida every day,and
has been entered as periodicals matter at the post office in Key West, in said
Monroe County, Florida,for a period of 1 year next preceding the first publication
of the attached copy of advertisement; and affiant further says that he or she has
neither paid nor promised any person,firm or corporation any discount, rebate,
commission or refund for the purpose of securing this advertisement for publica-
tion in the said
(Signature of Affiant)
A irm a s ed before me this 6th day of January 2020
/
(N blic nat r
(Notary lic Printed Name) (Notary Seal)
My commission expires C cZ
Personally Known X Produced Identification
, +'�r�-,,, Sueiynn Stam er
Type of Identification Produced ±� ,�� �� SS������2
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'�` 'EXPIRES:June 27,2022
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MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS NOTICE OF PUBLIC MEETING
AND NOTICE OF PUBLIC HEARING
NOTICE OF CHANGE TO MONROE COUNTY
COMPREHENSIVE PLAN NOTICE OF CHANGE TO
MONROE COUNTY LAND DEVELOPMENT CODE
NOTICE OF CHANGE TO MONROE COUNTY FUTURE
LAND USE MAP NOTICE OF CHANGE TO MONROE
COUNTY LAND USE MAP NOTICE OF CHANGE TO
MONROE COUNTY TIER OVERLAY DISTRICT MAP
January 22, 2020
NOTICE IS HEREBY GIVEN that on Wednesday.January 22,2020,the Monroe County Board cf County Commissioners will hold a Public Meeting
at the Marathon Government Center,2798 Overseas Hwy,Marathon,FL 33050 to review and receive public comment for the following items:
PUBLIC HEARINGS:1:30 PM(or as soon thereafter as may be heard):
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY COMPREHENSIVE
PLAN;ADOPTING THE 10-YEAR WATER SUPPLY PLAN UPDATE TO BE CONSISTENT WITH THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT
LOWER EAST COAST WATER SUPPLY PLAN UPDATE OF 2018; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR
INCLUSION IN THE MONROE COUNTY COMPREHENSIVE PLAN;PROVIDING FOR AN EFFECTIVE DATE
(FILE 2019-102)
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING MONROE COUNTY LAND DEVELOPMENT
CODE SECTION 101-1 TO CREATE A DEFINITION FOR MEDICAL MARIJUANA TREATMENT CENTER DISPENSING FACILITY AND SPECIFICALLY
NOTE THAT A MEDICAL MARIJUANA TREATMENT CENTER DISPENSING FACILITY IS A COMMERCIAL RETAIL OR AN INSTITUTIONAL USE;
PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;PROVIDING FOR TRANSMITTAL TO THE STATE LAND
PLANNING AGENCY AND THE SECRETARY OF STATE;PROVIDING FOR INCLUSION IN THE MONROE COUNTY LAND DEVELOPMENT CODE:
PROVIDING FOR AN EFFECTIVE DATE. (FILE 2019-133)
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ADOPTING AMENDMENTS TO THE MONROE
COUNTY LAND DEVELOPMENT CODE TO AMEND SECTION 138-22(b) AND SECTION 139-2(b) TO REVISE THE RECEIVER SITE CRITERIA
FOR THE TRANSFER OF MARKET RATE EXEMPTIONS TO ANOTHER LOCATION, INCORPORATING THE BOCC DIRECTION WITHIN INTERIM
DEVELOPMENT ORDINANCES ADOPTED VIA ORDINANCE 011-2017, ORDINANCE 020-2018 AND CLARIFIED VIA RESOLUTION 203-2018;
PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;PROVIDING FOR TRANSMITTAL TO THE STATE LAND
PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR AMENDMENT TO AND INCORPORATION IN THE MONROE COUNTY
LAND DEVELOPMENT CODE;PROVIDING FOR AN EFFECTIVE DATE. (FILE 2019-114)
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY TIER OVERLAY
DISTRICT MAP FROM TIER III-A TO TIER III FOR TWO PARCELS OF VACANT LAND LEGALLY DESCRIBED AS BLOCK 8 LOTS 17 & 18
CUTTHROAT HARBOR ESTATES CUDJOE KEY PLAT BOOK 4-PAGE 165 HAVING REAL ESTATE NO'S 00178450-000000 AND 00178460-000000;
AS PROPOSED BY DANIEL IARROBINO;PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;PROVIDING
FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE;PROVIDING FOR AMENDMENT TO THE TIER
OVERLAY DISTRICT MAP;PROVIDING FOR AN EFFECTIVE DATE.(File#2019-138)See Map 2 below
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING POLICY 101.3.2 OF THE MONROE COUNTY
2030 COMPREHENSIVE PLAN TO EXTEND THE TIME PERIOD OF ROGO THROUGH 2026; PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF CONFLICTING PROVISIONS;PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF
STATE;PROVIDING FOR INCLUSION IN THE MONROE COUNTY COMPREHENSIVE PLAN;PROVIDING FOR AN EFFECTIVE DATE. (File 2019-043)
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING MONROE COUNTY LAND DEVELOPMENT
CODE SECTION 138-24, RESIDENTIAL ROGO ALLOCATIONS,TO EXTEND THE TIME PERIOD OF ROGO THROUGH 2026; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING
AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR INCLUSION IN THE MONROE COUNTY CODE; PROVIDING FOR AN EFFECTIVE
DATE.(File 2019-044)
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING MONROE COUNTY LAND DEVELOPMENT
CODE SECTION 101-1 TO CREATE A DEFINITION FOR PUBLIC INFRASTRUCTURE AND UTILITIES;TO AMEND THE DEFINITION OF PUBLIC
BUILDINGS AND USES;AND TO AMEND THE LIST OF PERMITTED AND CONDITIONAL USES WITHIN SECTIONS 130-74 THROUGH 130-103
TO INCLUDE PUBLIC INFRASTRUCTURE AND UTILITIES AS AN AUTHORIZED USE;PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL
OF CONFLICTING PROVISIONS;PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE;
PROVIDING FOR AMENDMENT TO AND INCORPORATION IN THE MONROE COUNTY LAND DEVELOPMENT CODE; PROVIDING FOR AN
EFFECTIVE DATE. (FILE 2019-126)
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE MONROE CO
PLAN POLICY 101.5.25 TO PROVIDE A DENSITY BONUS ABOVE THE MAXIMUM NET DENSITY FOR AFFORDABLE HOUSING FOR
SUBJECT TO A SITE-SPECIFIC SUBAREA POLICY ESTABLISHED UNDER PROPOSED GOAL 111 OF THE COMPREHENSIVE PLAN;ESTABLISHI
GOAL 111 AND OBJECTIVE 111.1 TO INCENTIVIZE AFFORDABLE HOUSING DENSITY BONUSES THAT EXCEED THE ESTABLISHED MAXIMUM
NET DENSITY PROVIDED IN POLICY 101.5.25;AND CREATING POLICY 111.1.1 STOCK ISLAND WORKFORCE SUBAREA;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 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 5700 LAUREL AVENUE,6325 FIRST STREET AND 6125 SECOND STREET,STOCK ISLAND;AS PROPOSED BY SMITH/HAWKS,PL ON BEHALF
OF WRECKERS CAY APARTMENTS AT STOCK ISLAND, LLC; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR
INCLUSION IN THE MONROE COUNTY COMPREHENSIVE PLAN;PROVIDING FOR AN EFFECTIVE DATE.(File#2018-120)
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING MONROE COUNTY LAND DEVELOPMENT
CODE SECTION 130-157, MAXIMUM PERMANENT RESIDENTIAL DENSITY AND REQUIRED OPEN SPACE,TO PROVIDE A DENSITY BONUS
ABOVE THE MAXIMUM NET DENSITY FOR A PROPERTY SUBJECT TO A SITE-SPECIFIC SUBAREA POLICY ESTABLISHED UNDER PROPOSED
GOAL 111 OF THE COMPREHENSIVE PLAN,AS PROPOSED BY SMITH/HAWKS,PL ON BEHALF OF WRECKERS CAY APARTMENTS AT STOCK
ISLAND, LLC; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL
TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR INCLUSION IN THE MONROE COUNTY CODE;
PROVIDING FOR AN EFFECTIVE DATE.(File#2019-063)
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY LAND USE DISTRICT
(ZONING)MAP FROM URBAN RESIDENTIAL MOBILE HOME(URM)TO URBAN RESIDENTIAL(UR), FOR PROPERTY LOCATED AT 6325 FIRST
STREET AND 6125 SECOND STREET,STOCK ISLAND,MILE MARKER 5;AS PROPOSED BY SMITH/HAWKS,PL ON BEHALF OF WRECKERS CAY
APARTMENTS AT STOCK ISLAND,LLC;PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;PROVIDING
FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE;PROVIDING FOR INCLUSION IN THE MONROE
COUNTY CODE;PROVIDING FOR AN EFFECTIVE DATE.(File#2018-121)See Map 3 below
WRECKERS CAY APARTMENTS AT STOCK ISLAND, 5700 LAUREL AVENUE,6325 FIRST STREET AND 6125 SECOND STREET, STOCK
ISLAND MILE MARKER 5:A PUBLIC HEARING CONCERNING A REQUEST FOR A DEVELOPMENT AGREEMENT BETWEEN MONROE COUNTY,
FLORIDA AND WRECKERS CAY APARTMENTS AT STOCK ISLAND, LLC. THE REQUESTED AGREEMENT RELATES TO THE PROPOSED
REDEVELOPMENT OF MOBILE HOME PARKS TO TWO HUNDRED EIGHTY (280) DEED-RESTRICTED AFFORDABLE DWELLING UNITS, AT A
DENSITY OF 40 UNITS PER BUILDABLE ACRE.NO STRUCTURES WILL BE HIGHER THAN 38 FEET FROM GRADE,MECHANICAL EQUIPMENT
AND ARCHITECTURAL FEATURES UTILIZED TO HIDE MECHANICAL EQUIPMENT, INCLUDING PARAPETS, MAY BE UP TO 44 FEET ABOVE
GRADE,AND SUCH STRUCTURES MAY CONTAIN THREE(3)HABITABLE FLOORS.THE SUBJECT PROPERTY IS DESCRIBED AS THREE PARCELS
OF LAND IN SECTION 35,TOWNSHIP 67,RANGE 25,STOCK ISLAND,MONROE COUNTY,FLORIDA,HAVING PARCEL ID NUMBERS 00124540-
000000,00124550-000000 AND 00124560-000000(FILE 2018-147)
A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS RENOUNCING AND DISCLAIMING ANY RIGHT OF THE
COUNTY AND PUBLIC IN AND TO THAT PORTION OF THE RIGHT-OF-WAY OF LAUREL AVENUE,AS SHOWN ON THE PLAT OF MALONEY'S
SUBDIVISION OF STOCK ISLAND, PLAT BOOK 1, PAGE 55, BOUNDED ON THE NORTH BY ALL OF BLOCK 23;BOUNDED ON THE WEST BY
SECOND STREET;BOUNDED ON THE SOUTH BY ALL OF BLOCK 32;AND BOUNDED ON THE EAST BY ADJACENT BAY BOTTOM AND A PARCEL
OF LAND ADJACENT TO GOVERNMENT LOT 2,SECTIONS 35,36,AND 26,TOWNSHIP 67 SOUTH,RANGE 25 EAST,STOCK ISLAND,MONROE
COUNTY,FLORIDA.(FILE 2010-130)
A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS RENOUNCING AND DISCLAIMING ANY RIGHT OF THE
COUNTY AND PUBLIC IN AND TO THAT PORTION OF THE RIGHT-OF-WAY OF MACDONALD AVENUE AND FIRST STREET, STOCK ISLAND,
MONROE COUNTY,FLORIDA,AS SHOWN ON THE PLAT OF MALONEY'S SUBDIVISION OF STOCK ISLAND,PLAT BOOK 1,PAGE 55;BOUNDED
ON THE NORTH BY ALL OF BLOCK 32;BOUNDED ON THE WEST BY SECOND STREET AND ALL OF BLOCK 34;BOUNDED ON THE SOUTH BY
ALL OF BLOCK 34,AND BY FIRST STREET ADJACENT TO BLOCK 34 LOT 11 AND BLOCK 33 LOT 20;AND BOUNDED ON THE EAST BY BLOCK
33 LOT 1 AND THE PLATTED SHORELINE. (FILE 2018-179)
Map 1 Map 2 Map3
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Copies of the above are available at the Monroe County Planning Department offices in Marathon and Key Largo during normal business hours and
online at: www.monroecounty-fl.gov
Pursuant to Section 286.0105 Florida Statutes,if a person decides to appeal any decision of the Board of County
Commissioners,with respect to any matter considered at the meeting or hearing,he or she will need a record of the proceedings,and that,for such
purpose,he or she may need to insure a verbatim record of the proceedings is made,which record includes the testimony&evidence upon which
the appeal is to be based.
ADA ASSISTANCE:If you are a person with a disability who needs special accommodations in order to participate in this proceeding,please contact
the County Administrator's Office,by phoning(305)292-4441,between the hours of 8:30 a.m.-5:00 p.m.,no later than five(5)calendar days prior to
the scheduled meeting;if you are hearing or voice impaired,call"711."
January 4,2020 Key West Citizen
a&i.., 7.4.N Kevin Madok, CPA
nv,'
s.**. = �: , Clerk of the Circuit Court&Comptroller—Monroe County, Florida
,''�
February 10, 2020
Department of State
Administrative Code&Register
500 S Bronough Street
Tallahassee FL 32399-0250
To Whom It May Concern,
Attached is an electronic copy of Ordinance No. 003-2020 amending Monroe County
Land Development Code Section 130-157, Maximum Permanent Residential Density and
Required Open Space, to provide a density bonus above the maximum net density for a
property subject to a site-specific subarea policy established under proposed Goal 111 of the
Comprehensive Plan, as proposed by Smith/Hawks, PL on behalf of Wreckers Cay
Apartments at Stock Island, LLC; providing for severability; providing for repeal of
conflicting provisions; providing for transmittal to the State Land Planning Agency and the
Secretary of State; providing for inclusion in the Monroe County-Code; providing for an
effective date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
regular meeting,held in formal session, on January 22, 2020. Should you have any questions,
please feel free to contact me at(305) 292-3550.
Respectfully Submitted,
Kevin Madok, CPA, Clerk of
the Circuit Court& Comptroller&
ex-officio to the Monroe County
Board of County Commissioners
by:Pamela G. Hancock, D.C.
cc: Planning&Environmental
County Attorney
BOCC
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
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FLORIDA DEPARTMENT
..
RON DESANTIS LAUREL M. LEE
Governor Secretary of State
February 11, 2020
Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pam Hancock
Dear Mr. Madok
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 003-2020, which was filed in this office on February 11,
2020.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.ft.us
Final Order No. DEO-20-022
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
In re: A LAND DEVELOPMENT REGULATION r-
ADOPTED BY MONROE COUNTY, FLORIDAcp
_ ry
ORDINANCE NO. 003-2020 c)
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FINAL ORDER - c
APPROVING MONROE COUNTY ORDINANCE NO.003-2020 -
The Department of Economic Opportunity("Department")hereby issues its Final Order,
pursuant to sections 380.05(6) and 380.0552(9),Florida Statutes, approving land development
regulations adopted by Monroe County, Florida, Ordinance No. 003-2020(the"Ordinance").
FINDINGS OF FACT
I. The Florida Keys Area is designated by Section 380.0552, Florida Statutes, as an
area of critical state concern. Monroe county is a local government within the Florida Keys Area.
2. The Ordinance was adopted by Monroe County on January 22,2020, and
rendered to the Department on March 13, 2020.
3. The Ordinance amends Section 130-157, Maximum Permanent Residential
Density and Minimum Open Space table, of Monroe County's Land Development Code,to add
footnote(k)for the Urban Residential Land Use District to allow a density above the max net
density if a site-specific subarea is created under Goal 111 of the Comprehensive Plan.
CONCLUSIONS OF LAW
4. The Department is required to approve or reject land development regulations that
are adopted by any local government in an area of critical state concern. See §§ 380.05(6) and
380.0552(9), Fla Stat.
Final Order No. DEO-20-022
5. "Land development regulations"include local zoning, subdivision,building, and
other regulations controlling the development of land. § 380.031(8), Fla. Stat. The regulations
adopted by the Ordinance are land development regulations.
6. The Ordinance is consistent with the Monroe County Comprehensive Plan
generally, as required by section 163.3177(1), Florida Statutes, and specifically, with Policy
601.1.9.
7. All land development regulations enacted, amended,or rescinded within an area
of critical state concern must be consistent with the Principles for Guiding Development for that
area. § 380.05(6)and 380.0552(9),Fla Stat. The Principles for Guiding Development for the
Florida Keys Area of Critical State Concern are set forth in Section 380.0552(7), Florida
Statutes.
8. The Ordinance is consistent with the Principles for Guiding Development as a
whole, and specifically complies with the following:
(a) Strengthening local government capabilities for managing land use and
development so that local government is able to achieve these objectives without
continuing the area of critical state concern designation.
(1)Making available affordable housing for all sectors of the population in the Florida
Keys.
(n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys
and maintain the Florida Keys as a unique Florida resource.
Final Order No. DEO-20-022
WHEREFORE, IT IS ORDERED that the Department finds that Monroe county
Ordinance No. 003-2020 is consistent with the Monroe County Comprehensive Plan and
Principles for Guiding Development for the Florida Keys Area of Critical State Concern and is
hereby APPROVED.
This Order becomes effective 21 days after publication in the Florida Administrative
Register,unless a petition is timely filed as described in the Notice of Administrative Rights
below.
DONE AND ORDERED in Tallahassee, Florida.
J es D. Stansbury,Bureau Chi
ureau of Community Planning and rowth
Department of Economic Opportunity
Final Order No. DEO-20-022
NOTICE OF ADMINISTRATIVE RIGHTS
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS ORDER
HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING PURSUANT TO
SECTION 120.569, FLORIDA STATUTES, BY FILING A PETITION.
A PETITION MUST BE FILED WITH THE AGENCY CLERK OF THE DEPARTMENT OF
ECONOMIC OPPORTUNITY WITHIN 21 CALENDAR DAYS OF BEING PUBLISHED IN
THE FLORIDA ADMINISTRATIVE REGISTER. A PETITION IS FILED WHEN IT IS
RECEIVED BY:
AGENCY CLERK
DEPARTMENT OF ECONOMIC OPPORTUNITY
OFFICE OF THE GENERAL COUNSEL
107 EAST MADISON ST., MSC 110
TALLAHASSEE,FLORIDA 32399-4128
FAX 850-921-3230
AGENCY.CLERK@DEO.MYFLORIDA.COM
YOU WAIVE THE RIGHT TO ANY ADMINISTRATIVE PROCEEDING IF YOU DO NOT
FILE A PETITION WITH THE AGENCY CLERK WITHIN 21 CALENDAR DAYS OF BEING
PUBLISHED IN THE FLORIDA ADMINISTRATIVE REGISTER.
FOR THE REQUIRED CONTENTS OF A PETITION CHALLENGING AGENCY ACTION,
REFER TO RULES 28-106.104(2), 28-106.201(2), AND 28-106.301, FLORIDA
ADMINISTRATIVE CODE.
DEPENDING ON WHETHER OR NOT MATERIAL FACTS ARE DISPUTED IN THE
PETITION, A HEARING WILL BE CONDUCTED PURSUANT TO EITHER SECTIONS
120.569 AND 120.57(1), FLORIDA STATUTES, OR SECTIONS 120.569 AND 120.57(2),
FLORIDA STATUTES.
PURSUANT TO SECTION 120.573,FLORIDA STATUTES,AND CHAPTER 28,PART IV,
FLORIDA ADMINISTRATIVE CODE,YOU ARE NOTIFIED THAT MEDIATION IS NOT
AVAILABLE.
Final Order No. DEO-20-022
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with the
undersigned designated Agency Clerk, and that true and correct copies have been furnished to the
following persons by the methods indicated this 12th day of May 2020.
.L ems"
gene Clerk
Department of Economic Opportunity
107 East Madison Street,MSC 110
Tallahassee, FL 32399-4128
By U.S.Mail:
The Honorable Heather Carruthers
Mayor,Monroe County
500 Whitehead Street
Key West, Florida 33040
Kevin Madok, Clerk
Monroe County
Board of County Commissioners
PO Box 1980
Key West, Florida 33041