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Ordinance 006-2020 7 wrew.n�,Nik4 M1.'0,. 5 6 MONROE COUNTY, FLORIDA 7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 10 11 12 AN ORDINANCE BY "I"I-IE MONROE COUNTY a OF 13 COUNTY COMMISSIONERS AMEN I II MONROE COUNTY NTY 14 LAND DEVELOPMENT III NT CODE SECTION 1. -24, RESIDENTIAL 15 ROGO ALLOCATIONS, TO EXTEND THE TIME PERIOD OF 16 ROGO TH 'CII G14 30 6; PROVIDING FOR 'EVE ILI"I Y'1 17 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; 18 PROVIDING FOR TRANSMITTAL TO THE STATE LAND 19 PLANNING AGENCY AND THE SECRETARY OF STATE; 0 PROVIDING FOR IN(.1AJSION IN THE MONROE COUNTY 21 ,ODE; PROVIDING' FOR AN EFFE'CTIVE DATE. 2-p 3 4 25 36 WHEREAS,on April 3, 201r1 a cr:artarrrurruity rneeting, was held, as required by LDC Section 7 102-1:9(b)(3)> to di°�cuss the proposed Corriprehensive Plan and Land Development Code text 2 araaendnieurtsw and to provide, for public participation; and 2 30 WHEREAS,the Monroe C"a;aa.araty L eveloparaein Review Committee (DRC ) considered and 31 reviewed the proposed anieradment at a re ulaarly scheduled meeting held oil the 28"' day ol'May, 32 2019; and 33 34 WHEREAS, staff is r'ecorn aaenditig approval of the proposed amendments to the Monroe 3.5 County Land Development Code, Section 1.3 -' 4(a) to extend the time period of the Rate of 36 Growth Ordinance (ROGO) through 0 6; and 37 38 WHEREAS, the Monroe County Planning Coca-u-nission held a public hearing oil July 31, 39 2019, for review and recommendation on the proposed amendment; and. 40 41 WHEREAS, the Monroe County Planning Commission held a public heaariar , on July 31, 42 2019, for review and recommendation on the proposed amendment, and recommended approval 43 with changes through Resolution P3'3-19; and 44 Ordinance No, 006 - 0 0 Page I of Nile #t011 -1.0 I WHEREAS, at a regularly scheduled meeting held on the 22 nd day of January, 2020, the 2 Monroe County Board of County Commissioners held a public hearing,considered the staff report, 3 and provided for public cominent and public participation in accordance with the requirements of 4 state law and the procedures adopted for public participation in the planning process; and 5 6 WHEREAS, based upon the documentation. submitted and information provided in the 7 accompanying staff report, the BOCC makes the following Conclusions of Law: 8 9 1. The proposed amendment. is consistent with the Goals, Objectives and Policies of the 10 Monroe County Year 2030 Comprehensive Plan; and 11 2. The proposed amendment is consistent with the Principles for Guiding Development 12 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.- and 13 3. The proposed amendment is consistent with Part 1.1 of Chapter 163, Florida Statute; and. 14 4. The proposed amendment is necessary due to consistency with the Comprehensive Plan 15 and the principles for guiding development, as required by Section 102-158 of the 16 Monroe County Code. 17 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 18 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 19 20 Section 1. The Monroe County Land Development Code is hereby amended as follows: 21. Pro used Amendment (deletions are StRoken thi-eudh; additions are shown in underlined). 22 23 Chapter 1.38 — RATE OF GROWTH RESTRICTIONS (ROGO/NROGO) 24 ARTICLE 11 —RESIDENTIAL RATE OF GROWTH LIMITATION (ROGO) 25 26 27 See. 138-24. Residential ROGO Allocations. 28 (a) Number o available annual residential ROGO allocations. The number of market rate 29 residential ROGO allocations, available in each subarea of the unincorporated county and the 30 total number of affordable residential ROGO allocations available countywide shall be as 31 follows: 32 Number of Dwellin Units Subarea ROGO Years: ROGO Years: July 13, 2020- July 12, 2021 July 13, 2023- July 12, 2024 July 13, 2021-, July 12, 2022 July 13, 2024- July-1 2,2025 July -3 L, 2022- July i2 2023 July 13, 2025.....July 12,,2026 Upper Keys 431 30 Lower Keys -5-729 28 Bi Pine and No Name Keys, 94 4 -9 L I.................... Total market rate 1-26 64 62 or- calale vi,,e inn nits Ordinance No. __DD6__-2020 Page 2 of 5 File#20,18-1018 ..........___._ ___._._.... . ....._ _.._..______.__ __..__. ............................ Very, Low, Low, and Median 360 Incomes Moderate odeu ate Incomes 3 0" ... ........ .............._._____ ____ ___ __..... _. 'Includes one annually for Big l'irac l ey sand No Name Key 2 � � Year Annual Allocation Market Rate Affordable Housing- July 13, 20113- July 126 71 12, 2014 U 61, L: 7, BP /N­NK- Jualy 13, 2014- July 126 71 12, 20 15 1_J a u1, 1,. y, BPKJNNK: ..... . ..._......._......_..._.. ..... .... _.-..-................_.w.. . . -------- July 13, 201 - July 126 71 1.2, 201 t3 U: 61 L:57, BP /N'l`w11 : July 13, 2016- July 126 121, 2017 U: 61, L.: 7, BP /y1N1 :: lualy 1.3, 2017- July 12 12, 201 1_l: 61, 1�: 7, TJ1�"l�/NT1NK- 8 __. ........ ...._... .......... .... July 13, 21)1 - July �, I2��..................................................................... 1.2, 20.19 U 61, L:r7, BR /1"+K 8_.._......._w _.... - .............. _- July 13, 20112- July 126 12, 202�0 U: 61, L: 7, 3 /NNK., ...... ......................... July 13, 2020- July 4-2 64 12, 2021 U: 6+ 31l, 1 :- -7 9, J�3121�JN `1 : 4 4�17 total. 1�1-1 July, 13, Zf121- July _-.-m.m_mm mm 12d �� _ (t.aata:l available .12 2022 U: 6-Ir 31, 1-:5 2 , 113P /NNK: 94 iurara�aecliate,ly) ......__ .... - ............_..... .... __._ ..................................___............. ............__... ...._ July p1y'3, '202'?- Julys p .12. 64 �� p� 12, 20123 l..J 6 �31, 1�,:7 29, 131�'l�lA"NK: July 13, 2023- July 62 12, 2024 lJ, 30 L:28, BP /NNK: 4 .11_u11y 3, 2024- Julys 62 1 2, 202 11 ,rv3 '�.1_08- 1"� _I�1 :_4 _.. ........................................_ .......- _.... .0 202 - July 67 12, 2026 U: 30 L� 2 BP /NNK: 4 r.... ..............-......�.._......... .._._..._.. .. ....__._ ....._........._m .m........................... ............. _____ l"Metal 1 ,20 710°1 u�lxacludes tww o artnuaa affo rdaable ROG allocation for the Big �"ine Key/No Na me Key sulm-e-a throu h the Incidental Take Pert-nit ll"1"l�1 ending bi�...._� 2021 �______..._.-_ _........ _._..._ _ _ ............. 3 4 "the State,ofFlorida, pursuant to Administration Commission Rules, niay modify difyN the annuual. 5 allocation rate. By July 12, 201 „ if substantial financial support is provided by State and Ordinance No. �Q06 � -2020 Page 3 cal' File 201.8-1.0 I Federal partners, the County may reevaluate the ROGO distribution allocation schedule and 2 consider an extended timeframe for the distribution of market rate allocations. If necessary, 3 Monroe County will request a Rule change from the Administration Commission to 4 authorize an alternative allocation tirrieframe and rate, 5 6 7 8 Section 2. eveg l ilityb If any section, paragraph, subdivision, clause, sentence or 9 provision of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, 10 such judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but 11 the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or 12 provision immediately involved in the controversy in which such judgment or decree shall be 13 rendered. 1.4 15 Section 3. Conflicting Provisions. All ordinances or parts of ordinances in conflict with 16 this ordinance are hereby repealed to the extent of said conflict. 17 18 Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land 19 Planning Agency as required by F.S. 380.05 (11) and F.S. 380.0552(9). 20 21, Section 5. Filigg. "Phis ordinance shall be filed in the Office of the Secretary of the State 22 of Florida but shall not become effective pursuant to Section 9 until a final order is issued according 23 to F.S. 380.05(6) by the Florida State Land Planning Agency or Administration Commission 24 approving the ordinance, and if the final order is challenged, until the challenge to the order is 25 resolved pursuant to F.S. Chapter 120. 26 27 Section 6. Inclusion in the Monroe C2qp1y_L2dgthe provisions of this Ordinance shall 28 be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an 29 addition to amendment thereto, and shall be appropriately renumbered to conform to the uniform 30 marking system of the Code. 31 32 Section 7. Effective Date. This ordinance shall become effective contingent Oil 33 effectiveness of the corresponding amendrilents to the Monroe County Year 2030 Comprehensive 34 Plan and as provided by law and stated above. 35 36 37 38 THIS SPACE INTENTIONALLY LEFT BLANK 39 40 SIGNATURES ON THE FOLLOWING PAGE 41 42 43 44 Ordinance No. 006 -2020 Page 4 of 5 File #2018-108 • 1 PASSED AND ADOPTED•by the Board Of County Commissioners of Monroe County, 2 Florida, at a regular meeting held on the 22ndday of January ,2020 3 4 Mayor Heather Carruthers Yes 5 Mayor Pro Tern Michelle Coldiron Yes 6 Commissioner Craig Cates Yes 7 Commissioner Sylvia Murphy Yes 8 Commissioner David Rice Yes 9 10 11 a�6( '.'r `' BOARD OF COUNT. COMMISSIONERS 2 1 OF MONROE CO O A 11",:: .;/ \ g BY Y > MAYOR HE R CARRUTHERS 18 AFF sr" KEVIN MADOK, CLERK 19 20 21 DEPUTY CLERK • ovEo ttrf A FO c Ass1:TA +� 65 CD • n •, • o Ordinance No. 006 -2020 Page 5 of 5 File#2018-108 - KEY WEST c . i RECEIVED The Florida Keys Only Daily Newspaper, Est. 1876 BAN 2 7 2020 PO Box 1800,Key West FL 33041 P:(305)292-7777 ext.219 F:(305)295-8025 legals@keysnews.com MONROE COUNTY AT1ORNC;•{ 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 [Iegal.text] COUNTY OF MONROE Before the undersigned authority personally appeared nqI v Ora(J ,who on oath says that he or she is 01 1/1 PIT/ of the Key West Citizen, a daily newspaper publishecin 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 t� 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 • a s'roe ed before me this 6th day of January 2020 -- IA / . ill% (N:: -r blic"46:nat r4 6' /A011/���j�011// !'/ '(Notary i•lic Printed Name) (Notary Seal) My commission expires (o� Personally Known X Produced Identification U '�r ,,, Suelynn Stamper Type of Identification Produced 4011 IA% tamp _+� �COMMISSION#GG232802 �` EXPIRES:June 27,2022 � % °'���`'�` Bonded lhiv Aaron Nota ry 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 130-10: 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 ,,r,,.,n ,-t-stn n..r..m.er.,T Tn nnm ininnoonoATInni mi TuC nnnniranc rni IAITV I Ann nOVF1 nPMFNT (1nIlr• PROVIr)W(; FnR AN AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY C 9.11111111 PLAN POLICY 101.5.25 TO PROVIDE A DENSITY BONUS ABOVE THE MAXIMUM NET DENSITY FOR AFFORDABLE HOUSING FOR A PROPERTY SUBJECT TO A SITE-SPECIFIC SUBAREA POLICY ESTABLISHED UNDER PROPOSED GOAL 111 OF THE COMPREHENSIVE PLAN;ESTABLISHING 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 • LUD RM to MC I — URM to UR az,3aHx:a • ti M t N titer k- c r i .� +�tcek taiana Mae__ za Marker 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 *c LRrQ0% f °°'.A'40 Kevin Madok, CPA '1;*••.- � 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. 006-2020 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. 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. 006-2020, 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-20-021 STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY :„ In re: A LAND DEVELOPMENT REGULATION _ d o ADOPTED BY MONROE COUNTY,FLORIDA as ORDINANCE NO. 006-2020 o S o C3 FINAL ORDER APPROVING MONROE COUNTY ORDINANCE NO.006-2020 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. 006-2020(the"Ordinance"). FINDINGS OF FACT 1. 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 138-24(a),Residential ROGO Allocations,of Monroe County's Land Development Code to ensure consistency with the Comprehensive Plan by extending the ROGO allocation timeframe until July 12,2026. 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-20-021 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 101.3.2 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. (d) Fnsuring the maximum well-being of the Florida Keys and its citizens through sound economic development. (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-20-021 WHEREFORE, IT IS ORDERED that the Department finds that Monroe county Ordinance No. 006-2020 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. i J nes D. Stans ury, Bureau Chi f ureau of Community Planning and Growth Department of Economic Opportunity Final Order No. DEO-20-021 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-20-021 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. - ency Jerk 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