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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 r 1w ---;; �"i r, IV 4' z `X " I FFVIN MADOK, CLERK ��,��2 e <A'I'TESwTa NONR06 COUNTY ATTORNEY 25 DEPUTY CLERK mi ''� ST Eli T: Lea ASSISTANT COUNTY ATTORNEY (ye I 18/ 20 I 74-1 ,-�C. e 1 C CDC, O --Ic: 77 _— -'»� r n T C) CDI— .. > N.) - CO C Ordinance No. 003 -2020 Page 5 of 5 File#2019-063 ' . .,,-- IC Kok7wEsr - -- m, z i 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 =+c :;r. ;� COMMI .."--1, '�` 'EXPIRES:June 27,2022 ���'���% ��;"��`' Bonded Thru Aaron Notary 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 � FLUM RM to MC .. 001,8436410., CO • Kay tarp (( Srock Wane •a u"+"; A 1. a ka,ro it Mils Maker 5 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 ,�� r l��h y�aq%�r✓r��fuai , yr w, .,. .,,.,,, ,,.,, ,.,, 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) rn c-) 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