Item Q5 Q.5
t, BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
August 21, 2019
Agenda Item Number: Q.5
Agenda Item Summary #5927
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Cheryl Cioffari (305) 289-2506
1:30 P.M. PUBLIC HEARING
AGENDA ITEM WORDING: A public hearing to consider adoption of an Ordinance by the
Monroe County Board of County Commissioners amending the Monroe County Comprehensive
Plan amending Policy 101.5.25 to allow for a density bonus for site-specific policies, creating Goal
111 and Objective 111.1 to incentivize affordable housing on Stock Island, creating Policy 111.1.1
Stock Island Workforce Subarea 1; 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 the 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 6325 First Street, 6125 Second Street and 5700 Laurel Avenue on Stock Island as
proposed by Wreckers Cay Apartments at Stock Island, LLC. (File 42018-120)
ITEM BACKGROUND: On June 20, 2018, the Planning and Environmental Resources
Department received an application from Barton W. Smith of Smith Hawks PL on behalf of
Wreckers Cay Apartments at Stock Island, LLC (the "Applicant,") to amend the Monroe County
Comprehensive Plan to establish a goal and objective that incentivizes affordable housing on Stock
Island, and to create a subarea policy that would provide additional development restrictions and
allowances for properties located at 6325 First Street, 6125 Second Street and 5700 Laurel Avenue
on Stock Island (the "Property"). The proposed site specific subarea limits the permitted uses of the
subarea to deed restricted affordable housing dwelling units (workforce); and increases the
established the maximum net density for affordable housing, increases the height limit and decreases
the off-street parking requirements in the area; provides for the transfer of existing TREs and TDRs
in the area and eliminates allocated density and floor area ratio on the Property.
Related Applications
The Applicant has also requested the following:
• A corresponding Land Use District (Zoning) map amendment for the Property from Urban
Residential Mobile Home (URM) to Urban Residential (UR) for a portion of the Property;
• A text amendment to the Land Development Code Section 130-157 to allow for increased
density for properties with MU and UR zoning districts, within Stock Island that apply for an
receive a site specific subarea policy as established in the Comprehensive Plan;
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• A development agreement for the redevelopment of properties collectively known as
"Wrecker's Cay," involving 279 affordable dwelling units, and the transfer of 80 market rate
TREs, 80 TDRs, 18 transient TREs, and 672sf of NROGO exempt floor area. The ten year
agreement includes a proposed conceptual site plan, with the proposed development pursuant
to the proposed amendments to the Comprehensive Plan and Land Development Code
(described above);
• A right-of-way abandonment for a portion of Laurel Ave.; and
• A right-of-way abandonment for a portion of Maloney/I" Street.
In the application materials, the Applicant states that the reason for the proposed amendments is
"The Stock Island area serves primarily as a workforce community for employment centers in Key
West and Marathon, and the proposed Amendment will bolster the ability for residents to obtain
affordable housing in proximity to Key West and Marathon employment centers." The Applicant's
full explanation and justification of the proposed amendments is included in the file for the
application (File 42018-120).
Concept Meeting
In accordance with LDC Section 102-158(a), a concept meeting was held on August 27, 2018 to
discuss proposed Comprehensive Plan text amendment. It was determined that the proposed text
amendment will not have a county-wide impact because the proposed amendment establishes a Goal
for Stock Island to incentivize affordable housing and the associated subarea policy is site specific
and limited to three(3)parcels.
Community Meeting
A community meeting was held on April 30, 2019 to discuss proposed Comprehensive Plan text
amendment. Public comment included concerns about potential maximum net density, market-
rate/workforce as provided under LDC Section 139-1, reason for inclusion of suburban commercial
(SC) zoning district, rental/ownership of units, definition of workforce housing, transferring
allocated density, impact to protest procedure, and internal consistency between proposed goal,
objective and policy.
Planning Commission and Public Input
On July 31, 2019, at a regular public meeting, the Planning Commission held a public hearing
regarding the proposed amendment and provided for public comment. The Planning Commission
considered the application, the staff report, and the comments from the public in their
discussion, and recommended approval with changes, as discussed at the public hearing, of the
proposed CP text amendment (Resolution P29-19). The Planning Commission's recommended
changes are as follows:
1. Amend the proposed Policy 111.1.1 to allow a shoreside support facility associated with
a mooring field as an accessory use associated with the Wreckers Cay project within the
RH FLUM and UR Zoning District;
2. Amend the proposed Policy 111.1.1 to state:
a. The Eighty (80) market rate dwelling units (ROGO-exemptions) may be
transferred within Stock Island upon approval of a minor conditional use
following the approval of a development agreement associated with the Wreckers
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Cay project. Additionally, the transferred market rate ROGO-exemptions shall not
be used for rentals of less than 28 days.
Staff Response to Planning Commission Recommendations
Staff concurs with Recommendations 41 and 43. Staff does not concur with Recommendation 42
that relates to the transfer of ROGO exemptions and the transfer of density.
The Property is nonconforming to allocated density due to extra units on the site. Based on the
existing development, the Property is not deemed to have max net density. Rather, it is deemed
to have allocated density.
As noted in the analysis section of the Staff Report, the transfer of ROGO exemptions is
established through Comprehensive Plan Policy 101.6.8. The transfer of development rights is
established through Comprehensive Plan Objective 10 1.13 and Policies 101.13.1, 101.13.2 and
101.13.3
The proposed language is inconsistent with Comprehensive Plan Policy 101.13.2. Density must
to remain with the site proposed for the development of new affordable housing dwelling units.
Transfer of a site's allocated density removes all development rights and prohibits any
development under allocated density or maximum net density calculations.
The proposed language is inconsistent with Land Development Code 130-160(a)(7)which states,
"A development right may be transferred in part, provided it is rounded to the nearest tenth (i.e.
if a sender site is designated Native Area (NA) and consists only of two acres of upland, the
property owner may transfer the fractional 0.50 transferable development right). However, in
accordance with subsection (8), in no event,shall a property owner,,utilize part of a sender,site's
acreage f r a transferable development,right,andMaintain'the right,tei d&elop;that,acreage�as�the
land use intensity shall be exhausted," Further, this is inconsistent with Section 130-160, which
requires a sender site to be placed in a conservation easement prohibiting future development
once TDRs are transferred.
Sec. 130-160. - Transferable Development Rights (TDRs).
(a) General and criteria. The Maximum Net Density is the maximum density allowable with
the use of TDRs, and shall not exceed the maximum densities established in the
Comprehensive Plan. TDRs may be utilized to attain the density between the allocated
density standard up to the maximum net density standard. All residential development rights
allocated or established in sections 130-157 and 130-162 (allocated density for permanent
residential dwelling units or transient units) are transferable from one parcel of land to
another parcel of land, provided that the sender and receiver sites meet all of the following
criteria:
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(1) A sender site is the land area from which the development right(s) to be transferred is
derived. In the event an applicant intends to only use part of a greater property for a
transferable development right application, the additional land area not required to
amass the transferable development right(s) shall not be considered part of the sender
site and not subject to conservation as required in subsection (8). As part of the
application required in subsection (b)(2), the applicant shall provide a boundary survey
and legal description that identify the boundaries of the sender site within the greater
property.
A sender site shall meet the following criteria:
a. Located in a Tier I, II, III-A or III designated area; including any tier within the
County's Military Installation Area of Impact (MIAI) Overlay; and
b. Property has development rights to transfer.
(2) The maximum net densities set forth in sections 130-157 and 130-162 shall not be
exceeded and new development on a receiver site shall be developed in compliance
with each and every requirement of this Land Development Code.
(3) The maximum net densities set forth for the applicable future land use category in the
Comprehensive Plan shall not be exceeded and new development on a receiver site shall
be developed in compliance with each and every requirement of the Comprehensive
Plan and the Land Development Code.
(4) A receiver site shall meet the following criteria:
a. The Future Land Use category and Land Use (Zoning) District must allow the
requested use;
b. Must have an adopted maximum net density standard;
C. Includes all infrastructure (potable water, adequate wastewater treatment and
disposal wastewater meeting adopted LOS,paved roads, etc.);
d. Located within a Tier III designated area; and
e. Is not located within a designated CBRS unit.
(5) The assignment of transferable development rights to receiver sites on Big Pine Key,
No Name Key, and North Key Largo from other areas of the County shall be prohibited,
excluding the assignments of transferable development rights a) from sender sites on
Big Pine Key to receiver sites on Big Pine Key; b) from sender sites on No Name Key
to receivers sites on No Name Key, c) from sender sites on No Name Key to Big Pine
Key and d) from sender sites within North Key Largo to receiver sites within North Key
Largo.
(6) The assignment of transferable development rights to receiver sites within Land Use
(Zoning) Districts that do not have a maximum net densities is prohibited (including,
but not limited to, Improved Subdivision (IS, IS-D, IS-M, or IS-V), Urban Residential
Mobile Home (URM or URM-limited), Sparsely Settled (SS), Native Area (NA),
Offshore Island(OS), and Mainland Native(MN).
(7) A development right may be transferred in part, provided it is rounded to the nearest
tenth (i.e. if a sender site is designated Native Area(NA) and consists only of two acres
of upland, the property owner may transfer the fractional 0.50 transferable development
right). However, in accordance with subsection (8), in no event shall a property owner
utilize part of a sender site's acreage for a transferable development right and maintain
the right to develop that acreage as the land use intensity shall be exhausted.
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(8) Prior to application for a building permit authorizing the development of a dwelling
unit on a receiver site requiring a transferable development right, the sender site(s) shall
be a) dedicated to the county or b) placed in a conservation easement prohibiting its
future development. A conservation easement shall be reviewed and approved by the
planning and environmental resources department prior to its recording in the official
records of the county.
(b)Procedure. The transfer of development rights shall be carried out as follows:
(1) A minor conditional use permit shall be required to identify, determine the eligibility
of and document the approval of the sender and receiver site, pursuant to the process
set forth in section 110-69. If a single receiver site is proposed to receive transferable
development rights from multiple sender sites, a conditional use permit application
for each sender site shall be required. All sender and receiver sites associated with a
proposed transfer of a transferable development right shall be identified at the time
of application;
(2) The minor conditional use permit application required in subsection (b)(1) shall be
submitted in a form provided by the Planning and Environmental Resources
Department and include the following:
a. The names and addresses of the property owners of record for the sender site(s)
and receiver site(s);
b. The property record cards from the Monroe County Property Appraiser of the
sender site(s) and receiver site(s);
c. Written legal descriptions of the sender site(s) and receiver site(s);
d. A copy of the affidavit of intent to transfer;
e. Boundary surveys and legal descriptions of the sender site(s) and receiver
site(s), prepared by a surveyor registered in the State of Florida, showing the
boundaries of the sites, elevations, bodies of water and wetlands, total acreage,
total upland acreage and total acreage by habitat;
(3) A development order shall memorialize approval of the minor conditional use permit
required in subsection (b)(1). The development order shall include language
requiring a Deed of Transfer described in this subsection (below). After successfully
passing all applicable appeal periods, the development order shall be recorded in the
official records of the Monroe County Clerk of the Circuit Court. Such recording
shall be carried out so that the document is associated with all applicable sender and
receiver sites; and
(4) Prior to issuance of a building permit authorizing the development of a dwelling unit,
all or a part of which is derived from a transferred development right, a deed of
transfer shall be recorded in the chain of title of the sender site (transferor parcel)
containing a restrictive covenant prohibiting the development that would require use
of any of the allocated density that was transferred from the parcel.
Additionally, Monroe County has adopted Interim Development Ordinances (IDOs) through
Ordinance 011-2017 and Ordinances 020-2018 and clarified through Resolution 203-2018. The
IDOs and clarifying resolution defer the approval of new private applications or received
applications that are not yet approved, proposing to utilize Monroe County Code Section 139-2
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(Affordable Housing Incentive Program) or Section 138-22(b) (Transfer of ROGO exemptions
off site) to transfer market rate units to another location except as approved through Resolution
203-2018, to allow the transfer of market rate ROGO exemptions pursuant to Section 139-2
(Affordable Housing Incentive Program) and/or Section 138-22(b) (Transfer of ROGO
Exemptions Off-Site) only to receiver properties that meet all of the following criteria:
1. receiver site is designated as Tier III; and
2. receiver site is a legally platted lot; and
3. receiver site is within the Improved Subdivision (IS) Land Use District or the Urban
Residential Mobile Home (URM) Land Use District; and
4. receiver site is located within the same ROGO planning subarea as the sender site; and
5. receiver site property is not a working waterfront.
The proposed text amendment (File 2019-114) to resolve the IDOs is in process and was
considered by the BOCC on July 17, 2019.
ANALYSIS OF PROPOSED AMENDMENT
Full analysis including the sections of where the Planning Commission differed from the staff
recommendations is included as the first attachment(Exhibit 1).
STAFF-RECOMMENDED CHANGES TO PROPOSED AMENDMENT
As noted above, the Applicant's proposed text, as submitted on June 20, 2018 and revised on May
22, 2019, additions are shown in underlined, deletions are sti4 ke t4e o Staff proposed
amendments are as additions in red uun(lefl ne, deletions are re(I sliielieti 11iizoi:l.g1l�.
Policy 101.5.25
Monroe County hereby adopts the following density and intensity standards for the future
land use categories, which are shown on the FLUM and described in Policies 101.5.1
101.5.20. [F.S. § 163.31776 al.]
Future Land Use Densities and Intensities
Residential Nonresidential Minimum
Future Land Use Open
Category and Allocated Maximum Net Maximum Space Ratio W
Corresponding Zoning Density(a) Density(a)(b) Intensity
(per upland acre) (per buildable (floor area ratio)
acre)
Residential High(RH) 6 du(UR) 12-25 du
(IS-D 0),URM,URM-L Idu/lot(URM, (UR)(k)Lill
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and UR zoning) URM-L) N/A(IS-D,URM, 0 0.20
2 du/lot(IS-D) URM-L)
0-10 0-20
rooms/spaces rooms/spaces
Notes:
(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) The Maximum Net Density is the maximum density allowable with the use of 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"means 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.
(c) Additional open space requirements may apply based on environmental protection criteria;in these cases,the most
restrictive requirement shall apply.
(d) Future land use categories of Agriculture/Aquaculture,Education,Institutional,Preservation,Public Buildings/Lands,
and Public Facilities,which have no directly corresponding zoning,may be used with new or existing zoning districts as
appropriate.
(e) Within the Mainland Native future land use district,campground spaces and nonresidential buildings shall only be
permitted for educational,research or sanitary purposes.
(f) For properties consisting of hammocks,pinelands or disturbed wetlands within the Mixed Use/Commercial and
Mixed Use/Commercial Fishing future land use categories,the maximum floor area ratio shall be 0.10 and the maximum
net density bonuses shall not be available.
(g) 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.
(h) In the RV zoning district,commercial apartments shall be allowed,not to exceed 10%of total spaces allowed or in
existence on the site,whichever is less.
(i) The allocated density for the CFSD-20 zoning district(Little Torch Key)shall be 1 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 available.Residential density shall be allowed in addition to the permitted nonresidential uses
and intensity(i.e.,density and intensity shall not be counted cumulatively).
0) Within IS subdivisions with primarily single family residential units,IS-D zoning maybe used with a RM future land
use designation for platted lots which have a duplex that was lawfully established prior to September 15, 1986.
(k) The maximum net density shall be 25 du/buildable acre for the UR zoning district and shall be 18 du/buildable acre
for the MU and SC zoning district for development where all units are deed restricted affordable dwelling units.For the
UR zoning district market rate housing may be developed as part of an affordable or employee housing project with a
maximum net density not exceeding 18 du/buildable acre.
(1) Vessels,including live-aboard vessels,or associated wet slips are not considered dwelling units and do not count when
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calculating density.
(m) Within the Residential Low future land use category,the maximum net density for platted lots of less than 0.40 gross
acres within the SR zoning district shall be 1 dwelling unit per platted lot,provided all of the following conditions are met:
(n)Density IHI z�uuzct,ease above the max net density provided mawpermitted for a property within a site-
specific policy sGfliarea under Goal 111.
1) The parcel must be one full platted lot shown on a plat approved by the County and duly recorded prior to January 2,
1996;
2) The platted lot may not be identified for any other use or purpose on the plat(e.g.,"park,""common area,"etc.);
3) The platted lot must have a Tier designation of Tier III;
4) Notwithstanding Policy 101.13.2,the maximum net density may only be reached with the transfer of one(1)full TDR
to the SR lot,regardless of the size of the lot and the allocated density assigned to it;
5) The TDR must meet all requirements and procedures specified in Policy 101.13.3 and Section 130-160 of the Land
Development Code;
6) TDRs under this provision may not be transferred into noise zones of 65 DNL or greater;and
7) The subject parcel must comply with Policy 301.2.5 regarding legal access.
Goal 111
Monroe County shall manage future growth to enhance the quality of life and safety of
County residents, and prioritize the provision of °up"pa<a•anpuuWy....puouusung as<p�9�« pua<uu�<u�u
g 1 u p u u u n )m<o , y a<u n ly. that is safe, code compliant, and resilient. To
ancentjv�ze t as y .w allordNe....noi s�'ng pgar elil akwilgnt << t<< tll .� unty sbaH
provade fo<....tpue deydopment of saps, spu<<,apac kind uu „a, niecnankius, Haa<ked ..:to de!iu aty:
�nc<•<,uu <,s uuaa....t�< (i Iauuumina,nn op'..yG9 uup"p;'o«•cpuuW<; dwdHna auruats ua,<• buuakpuuW<,...acre, transfer of
R(pG(. tld pu< L <v<< p < IiIO fca, : and ahem ate of strectn u n A bpp
p ,ifl<�!19 ICMU!Vliu nl !�� 'I'mil gnt flip; anN Yda)1nent V���tgntu,d to address the r!naanNeqmite
Qua u uat pu pp� ac p .. u <uu a ..:.g a� tp.< Lower y.y
p� y<� bu�.a: , t�
�i a � a t 14ffl � PE)I i 0 c 25 ra
E�=�ll a Il e��'�6��a°b A�ll a�l! e srric EEEEccr-cac-ccE�??Sr��=Trnrrcu�l6irszirrvii .
Seetiefi 130 157 f t4e I ,n Dever ort r de ,i�,;,, oa site 2p!o,.;�;,. siibflfeas
leeated wi Steek T� . Fpass Cro d SIMH on y Ug ..a v flkiWe to....p'n< pay<jta s watldn.... bpiy
aacp. utu up �ay,�h .....p"pp. Euutuu<a Land p I .... up:u �yyp 7.. cis ttm: y �<r yta«p a � u �p
estabHsned t,allouuav j &t sat<, ..
Obiective 111.1
Monroe County shall create site-specific sipbareas located in Stock Island which provide
p to a Iu�uuu�aaiu�uuu�<a of ya° y a n
density a�u<;<•yuu�<;� P ....° . .. ,9 uup"pa<a�cpuu��<;....cp�<;����u < uuiaat� uya• �uua�c�uu��<, ..�u<;<•y.
�miiises for developing a«44�:we , ;afford<aWe housing in sintaNe areas located an dose
pu<o < ty tip.. uu <a ut<< (.1'<y < t)
_�ti4aWe pa« A<Vk)49awee puaauusafiy,. Such site
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specific subareas may �ujj:aH facilitate the transfereffee of ROGO
v and may allow for up to three (3) stories within the 1jigy vary �:2!1' �jjv�j parking 1v EJE
buH(fiM height envelgpe data 111at evidetiees 14e SijAjH'eflt
m � � aii sand iilfl� li� AHiflT t � ep m
a �ocate(] on Stock Iskin(I sluffl re( ukv I Poky (Jefit-jng tllg deye�vjngnt
�ke!!!Wedic Ile, I
resnictions an(] ifflowances for flue ske
Policy 111.1.1 Stock Island Workforce StiiibaArea 1 1 FOvide Lifflitations On
Devehtflf RestFiefitmis
Development_of affiv(JaWe nousunu in the Stock Island Workforce SubaArea I shall be
subject to regulations applicable to the Residential High (1 1 U Future Land Use Designation
except as provided below:
I Notwithstanding the density standards set forth in Policy 101.5.25, the Maximum Net
Density of the Stock Island Workforce SubaArea I shall be 40 dwelling units per
bu acre wkldn flie UP z��tjng dknicts and shall not
transferable development rights.
2 Fliere sluffl be..no fflocate(] or maxhnum net (jensky �tan(jar(j avflkiWe for limij<et rate
�:)r transwnt urnts
3, Tlie mammum floor area rafl�:) (EA13:) for aH nonresi(Ientiai uses wkldn flue subarea sluffl
be zero A sfioreNde supp2i! ,�ICH ly "Issoculted WkIl a inoming !JeW as an accessory use
assockited wk1i tfie Wreckers C, witfdn tfie R1 i FLU M and I lstlict'
iity madiet rate
,A-w2l u�iqits am
4. Buildings at are a,okmlm4lv elevated—tit)-to three (3) feet above base flood May by
(ICYL2Pad "I'l tau be three (3) habitable floors::-e�������
5 Parki�� requirements shall be I parking space per one bedroom unit, 1.5 parking spaces
per two bedroom unit, and 2 parking spaces per three bedroom unit, base(I on acceptaNe
(lata In(] anILYt !v0CwC(j an(I by jjie Pkint-jng 1 kvctor tnat eva(Jences flit'
suffi6ent k-nerim:)(1W trjm��j'tatjon m6qfing bij� U�cy��g an(j ujHzation of
scooters
6. Nonresidential uses shall be prohibited. Accessory uses to the residential development,
such as a club house or recreational facilities, are pennitted. A �Llioj�e��Jde su�))ort �fiictHt
ICISSockited wkn ,I inoorl ^ fick] as an accessor� use assocuited wk1i tfie Wreckers .ii
wt,
7 441ei�e shaW be fit) fflm4iel lZate OF 11�afisiefql lZesidefitial imks AH new resi(Ientia unks
(Jev6212uaj wykldn flie Stocl< Iskin(I World'orce Subarea I sluffl be subjs�„t! !p2 !h m-K,rc)
'fflocatjo!] syateln,
8. The protest procedures set forth within Sec. 102-158(d)(8) are applicable to applications
submitted under this Policy 111.1.1.
Staff does not recommend allowing the 80 Market Rate ROGOs to be transferred to Stock Island. Further,the
Board has an IDO that disallows Market Rate units to be transferred,unless they are transferred to IS or URM
zoning districts.
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9. A dey6m1nent agIvement sluffl be regidred 1'or any 121:gp�ej deye gpnient of an
all'ordaWe nous!'M pups b w
kldn flee Stocl< Iskind World'orce Subarea I to del'ine flie
�ng�jng gitegg� y (1knibution I'm' t1le
10 M� new alYordaWe unks dev6)12�d wk1nn flie Stocl< Iskind World'orce Subarea I sluffl
j:gq!u�j,e �:g,rr!uVants to deiive at feast seventy pejvgnt (IQ'L�) ��I' tne r Imusenoki �nconie
1'roij] adnlid enij,)��:2.yjiient un Monrge County,
I I Tne boundary 1'or flie Stocl< Iskind World'orce Subarea I k �eaffly cJgsgjbed as-
1'iffl �ead desciiption ol'tlie subarea'-,-
,"ansert niap,-
12 I'lie allordaWe unks sluffl be renud unks ::)npy::
13 Th e 'i MghgI rgjy d�y!jljng ggjjr !Dqy be transi'erred to IS and/or LlIW zoning
districts and rnav riot 1W, Used for rentals less tnan 28 daVS-
------------------
Comprehensive Plan Amendments may be proposed by the Board of County Commissioners, the
Planning Commission, the Director of Planning, or the owner or other person having a contractual
interest in property to be affected by a proposed amendment. The Director of Planning shall review
and process applications as they are received and pass them onto the Development Review
Committee and the Planning Commission.
The Planning Commission shall hold at least one public hearing. The Planning Commission shall
review the application, the reports and recommendations of the Department of Planning &
Environmental Resources and the Development Review Committee and the testimony given at the
public hearing. The Planning Commission shall submit its recommendations and findings to the
Board of County Commissioners (BOCC). The BOCC holds a public hearing to consider the
transmittal of the proposed comprehensive plan amendment, and considers the staff report, staff
recommendation, and the testimony given at the public hearing. The BOCC may or may not
recommend transmittal to the State Land Planning Agency. The amendment is transmitted to State
Land Planning Agency, which then reviews the proposal and issues an Objections,
Recommendations and Comments (ORC) Report. Upon receipt of the ORC report, the County has
180 days to adopt the amendments, adopt the amendments with changes or not adopt the
amendment.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Staff is recommending approval of the proposed amendment,
with the following recommended changes:
1. Amend language in note (n) of Policy 101.5.25 to replace "bonus" with "increased" density;
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2. Amend language in Policy 101.5.25 to limit density increase to the Residential High (RH) Future
Land Use Map (FLUM) category;
3. Indicate all of the incentives provided to encourage the development of affordable housing under
the proposed Goal 111 and indicate a maximum density per buildable acre;
4. Modify the language in the proposed objective to clarify the incentives provided to encourage the
development of affordable housing, the eligible zoning districts and to require the establishment of a
Policy to utilize Goal 111;
5. Remove the term workforce and replace with affordable housing throughout the goal, objective
and policy;
6. Amend language within the proposed site specific subarea Policy 111.1.1 to:
a. Indicate that max net density is based on dwelling units per buildable acre;
b. Specify that no allocated or maximum net density for market rate or transient units are available
on the site;
c. Specify the maximum floor area ratio (FAR) for all nonresidential uses within the subarea shall
is zero, except that a shoreside support facility associated with a mooring field is allowed as an
accessory use associated with the Wreckers Cay project within the RH FLUM and UR Zoning
District;
d. Remove proposed language related to transfers of development rights;
e. Clarify that mechanical equipment and elevator shafts are be included in calculation of overall
height and shall not exceed height limitations established in Comprehensive Plan Policies 101.5.30
and 101.5.33 and LDC Section 131-2;
f. Require data an analysis to be reviewed and approved by the Planning Director for off-street
parking decreases;
g. Include a statement that new residential units are subject to the ROGO permit allocation system;
h. Set parameters to establish an income category distribution schedule for the site;
i. Relocate language to add a criteria within this policy for occupants to derive at least 70% of their
household income from gainful employment in Monroe County; and
j. Add a legal description and map showing the subarea boundaries.
DOCUMENTATION:
Analysis_Table
2018-120 BOCC SR 08.21.19
2018-120 Transmittal Reso
2018-120 Ordinance DRAFT
Cover_Letter&Stones_Memo_of Law_08.05.19
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date: N/A
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Current Year Portion: N/A
Budgeted: N/A
Packet Pg. 2110
Q.5
Source of Funds:
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: N/A If yes, amount: N/A
Grant: N/A
County Match: N/A
Insurance Required: N/A
Additional Details: N/A
REVIEWED BY:
Cheryl Cioffari Completed 08/05/2019 7:42 PM
Steve Williams Completed 08/06/2019 7:50 AM
Maureen Proffitt Completed 08/06/2019 9:05 AM
Cheryl Cioffari Completed 08/06/2019 9:59 AM
Assistant County Administrator Christine Hurley Completed
08/06/2019 1:24 PM
Budget and Finance Completed 08/06/2019 2:52 PM
Maria Slavik Completed 08/06/2019 2:53 PM
Kathy Peters Completed 08/06/2019 3:09 PM
Board of County Commissioners Pending 08/21/2019 9:00 AM
Packet Pg. 2111
Q.S.a
Applicant's Proposed Language Analysis Staff Recommendation PC Recommendation BOCC Transmittal
07.31.19 Hearing 08.21.19
This policy allows for a density increase when a site Approval with modifications. Approval with staff
Policy 101.5.25 specific subarea is established under a new proposed recommended changes.
Maximum Net Density(a)(b)(per buildable acre):12 18 du(MU)(k) goal that intends to incentivize affordable housing Amend language to specify that the
W within Stock Island. proposal results in a density increase
for site specific subarea policies a°
Mixed 1 du(DR,MU, 2 du(MI) 0.100.45 E
Use/Commercial MI) 6-18 du (SC,UC, established under Goal 111. a
(MC)aw 3 du(SC) (SC) DR,MU) m
(SC,UC,DR, 6 du(UC) 12 du(UC) 0.20 Remove language proposing to a
RV,MU and MI Commercial 1218 du <2,500 SF increase density in the Mixed Use E
zoning) Apartments 1 du)DR (RV) (MU)Land Use(Zoning)District. 0
(RV)rn> ( )
0.300.60
515 (MI) a°
rooms/spaces 1025
rooms/spaces
U)
Residential High 6 du(iTR) 1225 du
(RH) I du/lot(URM, (UR)(`)L.-I
(IS-D G),URM, URM-L) N/A(IS-D, 0 0.20
s
URM-L and UR 2 du/lot(IS-D) URM, O
zoning) URM-L) m
010 O
O
rooms/spaces 020 >,
rooms/spaces
N
N
(n) Density bonus above the max net density provided may be d
permitted for a property within a site-specific policy area under
Goal 111.
r
0
The proposed goal seeks to create incentives the Approval with modifications. Approval with staff H
Goal 111 development of workforce housing through recommended changes.
Monroe County shall manage future growth to enhance the quality of increased density. Amend policy to use the term
life and safety of County residents, and prioritize the provision of "affordable housing" which is
workforce housing (households that derive at least seventy_percent There is no definition for"workforce housing"in the defined in the Comprehensive Plan
(70%)of their household income from gainful employment in Monroe Comprehensive Plan or the LDC. The and the LDC. H
County) that is safe, code compliant, and resilient. Incentivize it Comprehensive Plan and the LDC defines
through density bonuses that exceed the density limitations in Policy "affordable housing". Add statement that all new dwelling a
101.5.25 and Section 130-157 of the Land Development Code within units on the subject property will be
approved site-specific areas located on Stock Island. subject to the ROGO permit 0
E
allocation system.
m
Modify the language within the a
proposed Goal to indicate all
affected regulations and/or
development requirements that may
be varied through the establishment
Packet Pg.2112
Q.S.a
of a site specific subarea policy
under Goal 111.
Obiective 111.1 The proposed objective is internally inconsistent Approval with modifications. Approval with staff
Monroe County shall create site-specific areas located in Stock Island with proposed Goal 111 as the objective expands recommended changes.
which provide density bonuses for developing workforce housing in beyond the scope identified within the Goal. Amend Goal 111 to clearly indicate
areas suitable for workforce housing. Such site specific areas shall incentives to increase affordable v
E
facilitate the transference of ROGO and TDR,vary parking,and allow Incentives to increase affordable housing within housing within Stock Island through a
for three(3)stories within the height envelope based on acceptable Stock Island through modification to existing modification to existing transferable m
data and analysis that evidences the sufficient intermodal transferable development rights policies, off-street development rights policies, off- .
transportation including bus stops, bicycle paths, and utilization of parking requirements and height of structure,should street parking requirements and o
scooters. be specified within the language of Goal 111. height of structure. v
T
V
Policy 111.1.1 Stock Island Workforce Area 1-To provide Limitations Approval with modifications. Approval with staff a.
Policy should clarify that there is will be no recommended changes. m
on Development and Specific Restrictions maximum net density standard available for market- g 2
rate or transient units for internal consistency.
Add statement that there shall be no
Development in the Stock Island Workforce Area 1 shall be subject to maximum net density standard rn a
available for market rate dwelling
regulations applicable to the Residential High Future Land Use The maximum development potential utilizing under m
maximum net are based on dwelling units or transient units. s
Designation except as provided below: g units per O
buildable acre. Amend language to clarify that max o
1. Notwithstanding the density standards set forth in Policy 101.5.25, net density is based on dwelling t7
the Maximum Net Density of the Stock Island Workforce Area 1 shall units per buildable acre. m
U
be 40 dwelling units per acre and shall not require transferable
m
development rights.
m
2. The Eighty (80) market rate dwelling units and their associated Transfer of ROGO exemptions is established Approval with modifications. Approval with amended
Eighty(80)allocated density rights may be transferred anywhere in through Policy 101.6.8.The transfer of development language. o
the Lower Keys upon application and approval of a minor conditional rights is established through Comprehensive Plan Delete proposed language. •y
Objective 101.13 and Policies 101.13.1, 101.13.2 Amend the proposed v
use. X
and 101.13.3 Policy 111.1.1 to state:
a. The Eighty(80) 01
s
market rate dwelling
The proposed language is inconsistent with Policy units may be H
101.13.2. Density must to remain with the site transferred within m
proposed for the development of new affordable a
Stock Island upon
housing dwelling units.Transfer of a site's allocated
a
density removes all development rights and prohibits approval of a minor
any development under allocated density or conditional use E
maximum net density calculations. following the
approval of a a
The proposed language is inconsistent with Land development
Development Code 130-160(a)(7)which states,"A
development right may be transferred in part, agreement associated
provided it is rounded to the nearest tenth(i.e.if a with the Wreckers
Packet Pg.2113
Q.S.a
sender site is designated Native Area (NA) and Cay project.
consists only of two acres of upland,the property Additionally,the
owner may transfer the fractional 0.50 transferable transferred market
development right). However, in accordance with
rate units shall not be
subsection (8), in no event shall a property owner
utilize part of a sender site's acreage for a used as transient
transferable development right and maintain the units.
right to develop that acreage as the land use intensity b. The Thirty-Two(32) a
shall be exhausted."Further,this is inconsistent with density rights that a
Section 130-160,which requires a sender site to be 2
4 exceed the allocated a.
placed in a conservation easement prohibiting future °'
density for the o
development once TDRs are transferred. v
property of Forty-
Additionally,Monroe County has adopted Interim Eight(48)may be o
Development Ordinances (IDOs) through transferred in Stock .
Ordinance 011-2017 and Ordinances 020-2018 and Island upon approval 2
m
clarified through Resolution 203-2018. The IDOs of a minor
and clarifying resolution defer the approval of new rn
y g PP conditional use,if 'o
private applications or received applications that are a
deemed to be legally
not yet approved, proposing to utilize Monroe s
County Code Section 139-2(Affordable Housing acceptable. O
Incentive Program)or Section 138-22(b)(Transfer 0
of ROGO exemptions off site)to transfer market
rate units to another location except as approved p
through Resolution 203-2018,to allow the transfer
m
of market rate ROGO exemptions pursuant to
Section 139-2 (Affordable Housing Incentive 2
Program) and/or Section 138-22(b) (Transfer of
ROGO Exemptions Off-Site) only to receiver
properties that meet all of the following criteria: g
1. receiver site is designated as Tier III;and
2. receiver site is a legally platted lot;and
3. receiver site is within the Improved v
Subdivision (IS) Land Use District or the
Urban Residential Mobile Home (URM) H�
Land Use District;and N
T
4. receiver site is located within the same 0
c
ROGO planning subarea as the sender site; a
and
v
5. receiver site property is not a working E
waterfront.
m
a
The proposed text amendment(File 2019-114)to
resolve the IDOs is in process and was considered
by the BOCC on July 17,2019.
Packet Pg.2114
Q.S.a
3. Buildings that are voluntarily elevated up to three(3)feet above base Approval with modifications. Approval with staff
The Affordable Housing Advisory Committee es.
flood to be three (3) habitable floors, excluding mechanical (AHAC)recommended that the BOCC direct staffto recommended changes.
components and elevator shafts. evaluate and develop comprehensive plan and land Modify language to clarify that
development code amendments to create a mechanical equipment and elevator
Workforce Housing overlay for the Planning shafts are included in calculation of
Commission to recommend and Board of County overall height and shall not exceed a
Commissioners to approve an extra story for the height limitations established in v
development of an exclusive workforce housing Comprehensive Plan Policies a
project,up to maximum of 40 feet. 101.5.30 and 101.5.33 and LDC
Section 131-2. .2
4. Parking requirements shall be 1 parking space per one bedroom unit, Approval with modifications. Approval with staff E
Current LDC regulations allows for a reduction in recommended char °
es.
1.5 parking spaces per two bedroom unit,and 2 parking spaces per g v
off-street parking either when shared parking is Modif language that the parking
three bedroom unit utilized or a parking demand study is approved. y P g .0
requirements may be reduced based o
mon acceptable data and analysis,
The Stock Island — Key Haven Livable 2
Communikeys Plan(LCP)identifies actions desired reviewed and approved by the m
by the local community that directly relate to off Planning Director, that evidences U)
street parking that include: the sufficient intermodal c
transportation including bus stops,
• Action Item 1.1.2: Amend the parking bicycle paths and utilization of H
requirements in the overlay district by scooters.
offering a parking credit for on-street parking
spaces located directly in front of the v
development being served.
m
• Action Item 9.1.2: Amend the parking
regulations of the Land Development
Regulations to reduce the amount of required
vehicular parking spaces in commercial c
0
establishments in exchange for scooter H
spaces. v
v
5.Nonresidential uses shall be prohibited. Accessory uses to the Approval with modifications. Approval with m
This statement is consistent with the purpose of the modifications. yi
residential development, such as a club house or recreational amendment.However,it does not clearly state any
facilities,are permitted. limitation on the maximum floor area ratio. Add statement:the maximum floor T
area ratio (FAR) for all Amend the proposed
nonresidential uses within the Policy 111.1.1 to allow a a
subarea shall be zero. shoreside support
facility associated with a E
mooring field as an
accessory use associated a
with the Wreckers Cay
project within the RH
FLUM and UR Zoning
District.
Packet Pg.2115
Q.S.a
6. There shall be no market rate or transient residential units. Approval with modifications. Approval with staff
Policy should clarify that there is will be no recommended changes.
maximum net density standard available for market- Add statement that there shall be no c
rate or transient units for internal consistency. v
maximum net density standard E
available for market rate dwelling c
units or transient units. a 1
a
E
7. The protest procedures set forth within Sec. 102-158(d)(8) are Approval. Approval with staff 0
Protest procedures in LDC Section 102-158(d)(8) recommended changes. T
applicable to applications submitted under this Policy 111.1.1. require a favorable vote by the BOCC during the g O
transmittal stage of a proposed Comprehensive Plan a0
text amendment. d
`m
s
U)
rn
a
c
m
8.The affordable units shall be rental units only. Approval with the p
additional language
requested by the
Planning Commission.
U
N
N
Y
V
N
C
O
.N
N
N
4
N
H
NI
.N
T
N
C
Q
C
N
E
L
O
N
a
Packet Pg.2116
Q.5.b
2
3m.ww
4 MEMORANDUM
5 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
6 We strive to be caring,professional and fair
7 E
8 To: Monroe County Board of County Commissioners
9CL
_
10 From: Cheryl Cioffari, AICP, Acting Senior Director of Planning & Environmental Resources CL
11 E
0
12 Date: August 5, 2019
13
14 Subject: An Ordinance by the Monroe County Board of County Commissioners amending the
15 Monroe County Comprehensive Plan amending Policy 101.5.25 to allow for a density
16 bonus for site-specific policies, creating Goal 111 and Objective 111.1 to incentivize
17 affordable housing on Stock Island, creating Policy 111.1.1 Stock Island Workforce
18 Subarea 1; establishing the boundary of the Stock Island Workforce Subarea 1; limiting
19 the permitted uses of the subarea to deed restricted affordable housing dwelling units; ,
20 establishing the maximum net density for affordable housing, height and off-street 0
21 parking requirements in the subarea; and eliminating allocated density and floor area ratio
22 for properties located at 6325 First Street, 6125 Second Street and 5700 Laurel Avenue
23 on Stock Island as proposed by Wreckers Cay Apartments at Stock Island, LLC. (File
24 42018-120) to
25 as
26 Meeting: August 21, 2019
27
28 I. REQUEST
7
29
30 On June 20, 2018, the Planning and Environmental Resources Department received an application 06
CD
31 from Barton W. Smith of Smith Hawks PL on behalf of Wreckers Cay Apartments at Stock Island, W1
32 LLC (the "Applicant,") to amend the Monroe County Comprehensive Plan to establish a goal and co
33 objective that incentivizes affordable housing on Stock Island, and to create a subarea policy that U
34 would provide additional development restrictions and allowances for properties located at 6325 0
35 First Street, 6125 Second Street and 5700 Laurel Avenue on Stock Island (the "Property"). The CD1
36 proposed site specific subarea limits the permitted uses of the subarea to deed restricted affordable
37 housing dwelling units (workforce); and increases the established the maximum net density for T_
38 affordable housing, increases the height limit and decreases the off-street parking requirements in the �
39 area; provides for the transfer of existing TREs and TDRs in the area and eliminates allocated
40 density and floor area ratio on the Property. E
41
42 Related Applications
43 The Applicant has also requested the following:
44 • A corresponding Land Use District (Zoning) map amendment for the Property from Urban
45 Residential Mobile Home (URM) to Urban Residential (UR) for a portion of the Property;
BOCC SR 08.21.19 Page 1 of 30
File 9 2018-120
Packet Pg. 2117
Q.5.b
1 • A text amendment to the Land Development Code Section 130-157 to allow for increased
2 density for properties with MU and UR zoning districts, within Stock Island that apply for an
3 receive a site specific subarea policy as established in the Comprehensive Plan;
4 • A development agreement for the redevelopment of properties collectively known as "Wrecker's
5 Cay," involving 279 affordable dwelling units, and the transfer of 80 market rate TREs, 80
6 TDRs, 18 transient TREs, and 672sf of NROGO exempt floor area. The ten year agreement
7 includes a proposed conceptual site plan, with the proposed development pursuant to the
8 proposed amendments to the Comprehensive Plan and Land Development Code (described
9 above);
10 • A right-of-way abandonment for a portion of Laurel Ave.; and 0
11 • A right-of-way abandonment for a portion of Maloney/I" Street.
12 a
13 II. BACKGROUND INFORMATION
14
15 Site Information:
16 Location: MM 5, Stock Island
17 Address: 6325 First Street, 6125 Second Street and 5700 Laurel Avenue on Stock Island
18 Parcel ID Number: 00124540-000000, 00124550-000000 and 00124560-000000 0
19 Owner/Applicant: Wrecker's Cay Apartments at Stock Island, LLCcu
20 Size of Affected Portion of Property: 349,692 SF (8.03 acres) a
21 • 00124540-000000: 167,029 SF (3.83 acres) per survey by Robert E. Reece of
22 ALTA/NSPS Land Title Survey, dated 4/30/2018;
23 • 00124550-000000: 88,913 SF (2.04 acres) per survey by Robert E. Reece of
c�
24 ALTA/NSPS Land Title Survey, dated 4/30/2018; and 2
25 • 00124560-000000: 93,750 SF (2.15 acres) per survey by Robert E. Reece of
26 ALTA/NSPS Land Title Survey, dated 4/30/2018.
27 FLUM Designations: Residential High (RH) 00
28 Land Use Districts: Urban Residential (UR) and Urban Residential Mobile Home (URM)
29 Tier Designation: III �s
30 Flood Zones: AE(EL 9 and 10)
31 CBRS: No 0
32 Existing Use: Developed with 3 mobile home parks and accessory uses and structures. i
33 Existing Vegetation/Habitat: Developed Land and Mangrove
34 Community Character of Immediate Vicinity: Adjacent land uses include nonresidential to the 00
35 north and west, residential and public uses to the south; and open water to the east across US 1. N
36
37 The property currently has a Land Use District (Zoning) designation of Urban Residential (UR) and E
38 Urban Residential Mobile Home (URM) and a Future Land Use Map (FLUM) designation of
39 Residential High (RH). The property was within the URM (urban residential mobile home) district
40 prior to September 15, 1986. With the adoption of the Comprehensive Plan's FLUM in 1997, the
41 property was given the current FLUM designation of Residential High (RH).
42
BOCC SR 08.21.19 Page 2 of 30
File 9 2018-120
Packet Pg. 2118
Q.5.b
I The property is currently developed with three (3) mobile home parks locally known as Waters Edge
2 Colony Trailer Park, Tropic Palms Mobile Home Park and Woodson's Trailer Park and accessory
3 uses and structures. A vegetation survey/existing conditions report was not submitted with the
4 application to confirm the habitats.
5
6 The Applicant is requesting a text amendment to the Monroe County Comprehensive Plan to create a :
7 new goal and objective to incentivize affordable housing on Stock Island, and to establish a site a
8 specific subarea policy to accompany a concurrently proposed Land Use District (Zoning) Map
9 amendment from Urban Residential Mobile Home (URM) to Urban Residential (UR) for a portion
10 of the property. The amendment is proposed to establish a site-specific subarea that generally
11 includes the property depicted below: E
0
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0
r a Are.o,„w ^a rw Mrs N4'MR r „,
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'V '� '� '' r r4� A r iwua✓//mw,Jfa. J//Y'"% �1�1111111111I11I11U1111ti9 nlftlffNVllk%II> f1ArDAN>�1f11
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12
13
14 In the application materials, the Applicant states that the reason for the proposed amendments is U�
15 "The Stock Island area serves primarily as a workforce community for employment centers in Key 0
16 West and Marathon, and the proposed Amendment will bolster the ability for residents to obtain CIO�i
17 affordable housing in proximity to Key West and Marathon employment centers."
18 00
19 The Applicant states:
The'basis for the amendment is a change in projections, changed assumptions, new issues �
affecting the Florida Keys and the recognition of a need for additional detail or
comprehensiveness, 'rhrs text ainendrnent Application amends Objective 107.1 of the
Comp Plan to add .Policy 107.1.7 Stock Island. Workforce Area 1 _ 'To Provide,
Limitations on Development and Specific Restrictions. The purpose of'the Policy is to
provide the hospitality, working waterfront, industrial, and other commercial uses in Key
West, Stock Island,and the surrounding areas with much needed workforce housing which,
under the current:C."oraprehensiv�e Plan and absent the Policy, the County and Applicant are
20 unable to provide orconstruct,
BOCC SR 08.21.19 Page 3 of 30
File 9 2018-120
Packet Pg. 2119
It is well established that prior to Hurricane Irma the affordable housing shortage in the
,surrounding areas of the Property were staggering. According to Monroe Cbunty's
Housing Strategy produced after flurricane Irma, 'Jmlany of the business sectors in the
Florida Keys, including professional services, retail trade, tourism and health care, find it
increasingly difficult to attract and Maintain workers." As stated in both the Affordable
2
3 The Applicant's full explanation and justification of the proposed amendments is included in the file 0
E
4 for the application (File 42018-120).
5
6 Staff has reviewed the Applicant's position and supporting documentation, and agrees with the
7 position that inadequate availability of affordable housing is currently a primary issue facing E
0
8 permanent residents of unincorporated Monroe County. In 2015, the BOCC acknowledged the
9 County's workforce housing issues and adopted Resolution 189-2015, assigning additional duties to .2
0
10 the Affordable Housing Advisory Committee directing the committee to make recommendations for
11 steps the County may take to address the need for more workforce housing options. The committee
12 presented their recommendations to the BOCC at their regular meeting on August 17, 2016. The
13 BOCC held a special meeting on December 6, 2016, to discuss the recommendations, and provided
14 direction to staff to move forward on several measures to encourage and incentivize the provision of
15 affordable and workforce housing within the County.
16 0
17 The 2014 ALICE report indicates that renters in the Lower Keys areas are significantly housing
0
18 burdened over 35%, as follows: by 68% in Key West, by 69% in Stock Island, by 72% in Big 0
20 19 Coppitt, by 56% in the Lower Keys and by 42% in Big Pine Key.
Kl�,'Y 17AC1`S AND NLI(T STATISTICS FOR MONR(,)E COUNTY
as
Tea g '0
Big Pine Kt,�/ 00
11) A-Z"''',
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34 ................ .....
25
26 In 2017, the ALICE Report was updated with information based on 2015 American Community
27 Survey. The new information affirms the trend of increased difficulty in being able to afford safe,
28 well-constructed affordable housing.
BOCC SR 08.21.19 Page 4 of 30
File 9 2018-120
Packet Pg. 2120
ALICE �IN �MONROE COUNTY'
Populatiom: 77,482 l Number of Households:: 31,391
Medilan Household Income,: $6,1,020(state aveirage $49,426,)
Florida Underemployment Rate,for 21015: 11.5%
Households B�ellow ALIICE Thiresholdl: 14,509(46%)
as
How imainy househollds, aire stiruggling?
IL
ALICE,is an acronyrn for Asset Households by Income, 2007 to 20151 91
Limifted, Income,Constrafined, E
0
Eniplloyed- IhOLJSehGlldS that earn Lao ,m
niore, than the Federal Poverty
Level, bUt less than the basic cost 0
IL
of hving for the COUnty(the ALlCE
Threshold,orAT). Combined,the
:2 701%
U -
nmber of poverty and ALICE 0
hMselhollds equals the total 7 601% -
p0pUlation struggling to afford
0,% 56% 54%
basilc needs. The percentage 110 59%
Of 1-101-Jseh6lds below the ALIKE +0 norm
Threshold changes over tilme 301,„ 72V.
(left axis, Value bairs),as does the 0
201% -
total FlUmberof lh,ouseholds�iright
axis, dotted yellow line). Tlhie 101"'; -
Great ReceSS1110n,firomi 2 0t 7 to
2010, CaUsed hardship for many -19
2007 2010 2012 2015 0
famflies. Conditions started to Poverty IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII AIL11 C E Abowe AT-4-Total HRH
i rn p'irove ii n 2 0 10 and 2012 fear
some, but not far all.
2
Ci
3 What does 11t coist 00
Q
'to afford the hasic
inecesslifies? BRIMIR MlManthly Costs
The baire-niininlUirn Household 0
S u irvilva I B Ud get.ck),es not I ITC1 U c�le Housing $,1,200 $1,635 013 1
Chilild Care $- $1,2100 Q
C14
ainy sav4igs, leaving a ITC)Useh,olcl T-
Food $165 1
AllneiralbNe to Unexpected 00
Transportation $322 S,644
expenses..LACE 11OU!seh,ol,ds Healthcare $165 S534 C14
typically earn above the Fe,deiral
Miscellaneous $2221 S522
Poverty Level of$11,770 fora
S E
sfingle aclUlt and $,24,250 fora Taxes $361 564
hily Total $,2,434 $5,746
fa,111111Y Of four, butt less than the Mont
ANNUAL TOTAL $29,208 $68,952
Household SUrvival Budget.
POVERTY ANINUAL TOTAL $11,770 $24,250
Souices 2015 Plwojr-m-Pme Data
SunveyAh ALICETfreshc0d Budqel.,rJS U.S.
DepartmentofEduuskr&n-OffireafEwf),Learmng.
BOCC SR 08.21.19 Page 5 of 30
File 9 2018-120
Packet Pg. 2121
Q.5.b
I Furthermore, Monroe County suffered the loss of a significant number of housing units due to
2 damage caused by Hurricane Irma on September 10, 2017. The BOCC has acknowledged that the
3 pre-existing affordable housing issues facing the County are even greater and more immediate now
4 due to storm-related losses.
5
6 While staff agrees with the position that inadequate availability of affordable housing is currently a :
7 primary issue facing unincorporated Monroe County, staff is also reviewing the proposed E
8 amendment for consistency with State Statutes, Rules, internal consistency with the Comprehensive
9 Plan and balancing all the requirements and policy issues.
10
11 Concept Meeting E
12 In accordance with LDC Section 102-158(a), a concept meeting was held on August 27, 2018 to
13 discuss proposed Comprehensive Plan text amendment. It was determined that the proposed text
14 amendment will not have a county-wide impact because the proposed amendment establishes a Goal a
15 for Stock Island to incentivize affordable housing and the associated subarea policy is site specific
16 and limited to three (3)parcels.
17
18 Community Meeting
19 A community meeting was held on April 30, 2019 to discuss proposed Comprehensive Plan text
20 amendment. Public comment included concerns about potential maximum net density, market-
21 rate/workforce as provided under LDC Section 139-1, reason for inclusion of suburban commercial
22 (SC) zoning district, rental/ownership of units, definition of workforce housing, transferring
23 allocated density, impact to protest procedure, and internal consistency between proposed goal,
24 objective and policy.
25 0
26 Planning Commission and Public Input
27 On July 31, 2019, at a regular public meeting, the Planning Commission held a public hearing
28 regarding the proposed amendment and provided for public comment. The Planning Commission C)
29 considered the application, the staff report, and the comments from the public in their 17
30 discussion, and recommended approval with changes, as discussed at the public hearing, of the
00
31 proposed CP text amendment (Resolution P29-19). The Planning Commission's recommended
32 changes are as follows:
33
34 1. Amend the proposed Policy 111.1.1 to allow a shoreside support facility associated with a 0
35 mooring field as an accessory use associated with the Wreckers Cay project within the RH 00i
36 FLUM and UR Zoning District;
37 2. Amend the proposed Policy 111.1.1 to state: 00
38 a. The Eighty (80) market rate dwelling units (ROGO-exemptions) may be transferred
39 within Stock Island upon approval of a minor conditional use following the approval of a
40 development agreement associated with the Wreckers Cay project. Additionally, the E
41 transferred market rate ROGO-exemptions shall not be used for rentals of less than 28
42 days.
43 b. The Thirty-Two (32) density rights (transferable development rights or TDRs) that
44 exceed the allocated density for the UR zoning for the property of Forty-Eight (48) may
45 be transferred in Stock Island upon approval of a minor conditional use, if deemed to be
46 legally permissible.
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Q.5.b
1 3. Amend the proposed Policy 111.1.1 to allow rental units only.
2
3 Staff Response to Planning Commission Recommendations
4 Staff concurs with Recommendations 41 and 43. Staff does not concur with Recommendation 42
5 that relates to the transfer of ROGO exemptions and the transfer of density.
6
7 The Property is nonconforming to allocated density due to extra units on the site. Based on the
8 existing development, the Property is not deemed to have max net density. Rather, it is deemed to
9 have allocated density.
10
11 As noted in the analysis section of the Staff Report, the transfer of ROGO exemptions is established E
12 through Comprehensive Plan Policy 101.6.8. The transfer of development rights is established
13 through Comprehensive Plan Objective 10 1.13 and Policies 101.13.1, 101.13.2 and 101.13.3 2
c�
14 a.
15 The proposed language is inconsistent with Comprehensive Plan Policy 101.13.2. Density must to
16 remain with the site proposed for the development of new affordable housing dwelling units.
17 Transfer of a site's allocated density removes all development rights and prohibits any development (n
18 under allocated density or maximum net density calculations.
19
20 The proposed language is inconsistent with Land Development Code 130-160(a)(7) which states, "A 0
21 development right may be transferred in part, provided it is rounded to the nearest tenth (i.e. if a
22 sender site is designated Native Area (NA) and consists only of two acres of upland, the property a
23 owner may transfer the fractional 0.50 transferable development right). However, in accordance with
24 subsection (8), in no event shall a property owner utilize part of a sender site's acreage for a
25 transferable development right and maintain the right to develop that acreage as the land use 0
26 intensity shall be exhausted." Further, this is inconsistent with Section 130-160, which requires a
27 sender site to be placed in a conservation easement prohibiting future development once TDRs are
28 transferred.
29
00
30 Sec. 130-160. - Transferable Development Rights (TDRs). i
31 (a) General and criteria. The Maximum Net Density is the maximum density allowable with the
32 use of TDRs, and shall not exceed the maximum densities established in the Comprehensive Plan.
33 TDRs may be utilized to attain the density between the allocated density standard up to the 0
34 maximum net density standard. All residential development rights allocated or established in
N
35 sections 130-157 and 130-162 (allocated density for permanent residential dwelling units or transientIr-
00
Ir-
36 units) are transferable from one parcel of land to another parcel of land, provided that the sender and
37 receiver sites meet all of the following criteria:
38 (1) A sender site is the land area from which the development right(s) to be transferred is derived. E
39 In the event an applicant intends to only use part of a greater property for a transferable development 0
40 right application, the additional land area not required to amass the transferable development right(s)
41 shall not be considered part of the sender site and not subject to conservation as required in
42 subsection (8). As part of the application required in subsection (b)(2), the applicant shall provide a
43 boundary survey and legal description that identify the boundaries of the sender site within the
44 greater property.
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Q.5.b
I A sender site shall meet the following criteria:
2 a. Located in a Tier I, II, III-A or III designated area; including any tier within the County's
3 Military Installation Area of Impact(MIAI) Overlay; and
4 b. Property has development rights to transfer.
5 (2) The maximum net densities set forth in sections 130-157 and 130-162 shall not be exceeded
6 and new development on a receiver site shall be developed in compliance with each and every
7 requirement of this Land Development Code. E
8 (3) The maximum net densities set forth for the applicable future land use category in the
9 Comprehensive Plan shall not be exceeded and new development on a receiver site shall be
10 developed in compliance with each and every requirement of the Comprehensive Plan and the Land 0
11 Development Code.
12 (4) A receiver site shall meet the following criteria: 0
a.
13 a. The Future Land Use category and Land Use(Zoning) District must allow the requested use;
14 b. Must have an adopted maximum net density standard;
15 C. Includes all infrastructure (potable water, adequate wastewater treatment and disposal
16 wastewater meeting adopted LOS,paved roads, etc.);
17 d. Located within a Tier III designated area; and E
18 e. Is not located within a designated CBRS unit. 0
19 (5) The assignment of transferable development rights to receiver sites on Big Pine Key, No Name 0
20 Key, and North Key Largo from other areas of the County shall be prohibited, excluding the
21 assignments of transferable development rights a) from sender sites on Big Pine Key to receiver sites
22 on Big Pine Key; b) from sender sites on No Name Key to receivers sites on No Name Key, c) from 0
23 sender sites on No Name Key to Big Pine Key and d) from sender sites within North Key Largo to 2
24 receiver sites within North Key Largo. 3:
25 (6) The assignment of transferable development rights to receiver sites within Land Use (Zoning) 17
26 Districts that do not have a maximum net densities is prohibited (including, but not limited to, ri
00
27 Improved Subdivision (IS, IS-D, IS-M, or IS-V), Urban Residential Mobile Home (URM or URM-
28 limited), Sparsely Settled (SS), Native Area (NA), Offshore Island (OS), and Mainland Native
29 (MN).
�s
30 (7) A development right may be transferred in part,provided it is rounded to the nearest tenth (i.e.
31 if a sender site is designated Native Area(NA) and consists only of two acres of upland, the property NIr-
32 owner may transfer the fractional 0.50 transferable development right). However, in accordance with
00
33 subsection (8), in no event shall a property owner utilize part of a sender site's acreage for a Q
34 transferable development right and maintain the right to develop that acreage as the land use
35 intensity shall be exhausted. E
36 (8) Prior to application for a building permit authorizing the development of a dwelling unit on a
37 receiver site requiring a transferable development right, the sender site(s) shall be a) dedicated to the
38 county or b) placed in a conservation easement prohibiting its future development. A conservation
39 easement shall be reviewed and approved by the planning and environmental resources department
40 prior to its recording in the official records of the county.
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Q.5.b
I (b)Procedure. The transfer of development rights shall be carried out as follows:
2 (1) A minor conditional use permit shall be required to identify, determine the eligibility of and
3 document the approval of the sender and receiver site, pursuant to the process set forth in section
4 110-. If a single receiver site is proposed to receive transferable development rights from multiple
5 sender sites, a conditional use permit application for each sender site shall be required. All sender
6 and receiver sites associated with a proposed transfer of a transferable development right shall be
7 identified at the time of application; E
8 (2) The minor conditional use permit application required in subsection (b)(1) shall be submitted in a
9 form provided by the Planning and Environmental Resources Department and include the following:
10 a. The names and addresses of the property owners of record for the sender site(s) and receiver 0
11 site(s);
12 b. The property record cards from the Monroe County Property Appraiser of the sender site(s) 0
13 and receiver site(s);
a
as
14 c. Written legal descriptions of the sender site(s) and receiver site(s);
15 d. A copy of the affidavit of intent to transfer;
16 e. Boundary surveys and legal descriptions of the sender site(s) and receiver site(s), prepared by
17 a surveyor registered in the State of Florida, showing the boundaries of the sites, elevations,
18 bodies of water and wetlands, total acreage, total upland acreage and total acreage by habitat; 0
19 (3) A development order shall memorialize approval of the minor conditional use permit required in 0
20 subsection (b)(1). The development order shall include language requiring a Deed of Transfer
21 described in this subsection (below). After successfully passing all applicable appeal periods, the
22 development order shall be recorded in the official records of the Monroe County Clerk of the 0
23 Circuit Court. Such recording shall be carried out so that the document is associated with all 2
24 applicable sender and receiver sites; and 3:
25 (4)Prior to issuance of a building permit authorizing the development of a dwelling unit, all or a part17
26 of which is derived from a transferred development right, a deed of transfer shall be recorded in the c
00
27 chain of title of the sender site (transferor parcel) containing a restrictive covenant prohibiting the
28 development that would require use of any of the allocated density that was transferred from the
29 parcel.
�s
30
31 III. PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENTS
cv
32
00
33 The Applicant's proposed text is shown as follows: additions are in underlined, deletions are stfiekeii
34 t4fettgh.
35
36 Policy 101.5.25
37 Monroe County hereby adopts the following density and intensity standards for the future land use
38 categories, which are shown on the FLUM and described in Policies 101.5.1101.5.20. [F.S. §
39 163.3177(6)(a)l.]
40
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Q.5.b
Future Land Use Densities and Intensities
Residential n> Nonresidential Minimum
Future Land Use Category Open
and Corresponding (a) Space Ratio
p g Allocated Density Maximum Net Maximum
Zoning (per upland acre) Density<axe> Intensity
(per buildable acre) (floor area ratio) 0
Agriculture/Aquaculture 0 du N/A 0.25 Per
(A)(d) 0 rooms/spaces N/A underlying IL
CL
(no directly corresponding zoning E
zoning) c
Airport(AD) 0 du N/A 0.10 0.20 0
(AD zoning) 0 rooms/spaces N/A IL
Commercial(COMM) 0 du N/A 0.15-0.50 0.20
(Cl and C2 zoning) 0 rooms/spaces N/A
Conservation(C) 0 du N/A 0.05 0.90
(CD zoning) 0 rooms/spaces N/A 0
Education(E)(d) 0 du N/A 0.30 Per c
(no directly corresponding 0 rooms/spaces N/A underlying
zoning) zoning
Industrial(I) 1 du 2 du 0.25-0.60 0.20 ca
(I and MI zoning) 0 rooms/spaces N/A
Institutional(INS)(d) 0 du N/A 0.30 Per
(no directly corresponding 15 rooms/spaces 24 rooms/spaces underlying
zoning) zoning 00
I
Mainland Native(MN) 0.01 du N/A 0.95-0.99 gas
(MN zoning) 2 spaces(e) N/A 0.03 g,l
Military(M) 6 du 12 du 0.30-0.50 0.20
(MF zoning) 10 rooms/spaces 20 rooms/spaces C14
00
Mixed Use/Commercial 1 du(DR,MU,MI) 2 du(MI) 0.10-0.45 Q
(MC)(f)(g) 3 du(SC) 6-18 du(SC)(k) (SC,UC,DR,MU) cd
(SC,UC,DR,RV,MU and 6 du(UC) 12 du(UC)
MI zoning) Commercial 12-18 du(MU)(k) n <2,500 SF(RV) 0.20 E
Apartments 18 du(DR)
(RV)(h> 0.30-0.60(MI)
5-15 rooms/spaces 10-25 rooms/spaces
Mixed Use/Commercial 1 du 12 du(CFA,CFSD)
Fishing(MCF)(f) (CFSD-20)G)
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Q.5.b
(CFA,CFV,CFSD zoning) 3 du(CFA,all other 0.25-0.40 0.20
CFSD)
1 du/lot(CFV) N/A(CFV)
0 rooms/spaces N/A
Preservation(P)(d) 0 du N/A
(P zoning) 0 rooms/spaces N/A 0 1.00 E
Public Buildings/Lands 0 du N/A 0.30 Per
(PB)(d) underlying E
(no directly corresponding 0 rooms/spaces N/A zoning c
zoning)
2
Public Facilities(PF)(d) 0 du N/A 0.30 Per L
(no directly corresponding 0 rooms/spaces N/A underlying M
zoning) zoning
Recreation(R) 0 du N/A 0.20 0.90
(PR zoning) 2 rooms/spaces N/A
a
Residential Conservation 0-0.10 du(OS) N/A 0-0.20 0.95
(RC) 0.25 du(NA) N/A
(OS and NA zoning) 0 rooms/spaces
Residential Low(RL) 0.50 du 3 du(SR-L) 0.25
(SS, SR,and SR-L zoning) 5 du(SR) 0.50
or (SR, SR-L)
1 du/lot(SR)Mtn)
N/A(SS) 0.80(SS)
0 rooms/spaces N/A
06
Residential Medium(RM) 1 du/lot(IS,IS-V,IS- N/A CD I
(IS,IS-V,IS-M and IS- M)
D G)zoning) 2 du/lot(IS-D) 0 0.20 �I
0 rooms/spaces N/A
CD
Residential High(RH) 6 du(UR) 12-25 du(UR)(k) n
(IS-D 0),URM,URM-L and ldu/lot(URM,URM- N/A(IS-D,URM, T-
UR zoning) L) URM-L) 0 0.20 �
2 du/lot(IS-D)
0-20 rooms/spaces
0-10 rooms/spaces
ca
Notes:
(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.
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Q.5.b
(b) The Maximum Net Density is the maximum density allowable with the use of 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"
means 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.
(c) Additional open space requirements may apply based on environmental protection criteria;in these cases,the most restrictive
requirement shall apply.
(d) Future land use categories of Agriculture/Aquaculture,Education,Institutional,Preservation,Public Buildings/Lands,and
Public Facilities,which have no directly corresponding zoning,may be used with new or existing zoning districts as appropriate. IL
(e) Within the Mainland Native future land use district,campground spaces and nonresidential buildings shall only be permitted for 0
educational,research or sanitary purposes.
2
(f) For properties consisting of hammocks,pinelands or disturbed wetlands within the Mixed Use/Commercial and Mixed Use/ IL
Commercial Fishing future land use categories,the maximum floor area ratio shall be 0.10 and the maximum net density bonuses
shall not be available.
(g) 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. E
0
(h) In the RV zoning district,commercial apartments shall be allowed,not to exceed 10%of total spaces allowed or inexistence on 0
the site,whichever is less.
(i) The allocated density for the CFSD-20 zoning district(Little Torch Key)shall be 1 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
available.Residential density shall be allowed in addition to the permitted nonresidential uses and intensity(i.e.,density and
intensity shall not be counted cumulatively).
(j) Within IS subdivisions with primarily single family residential units,IS-D zoning maybe used with a RM future land use
designation for platted lots which have a duplex that was lawfully established prior to September 15, 1986.
00
(k) The maximum net density shall be 25 du/buildable acre for the UR zoning district and shall be 18 du/buildable acre for the MU I
and SC zoning district for development where all units are deed restricted affordable dwelling units.For the UR zoning district
market rate housing may be developed as part of an affordable or employee housing project with a maximum net density not
exceeding 18 du/buildable acre.
0
CO
(1) Vessels,including live-aboard vessels,or associated wet slips are not considered dwelling units and do not count when
calculating density. C14
00
Ir-
(m) Within the Residential Low future land use category,the maximum net density for platted lots of less than 0.40 gross acres Q
within the SR zoning district shall be 1 dwelling unit per platted lot,provided all of the following conditions are met:
(n)Density bonus above the max net densityy provided ma r� be permitted for a property within a site-specific polices
under Goal 111.
1) The parcel must be one full platted lot shown on a plat approved by the County and duly recorded prior to January 2, 1996;
2) The platted lot may not be identified for any other use or purpose on the plat(e.g.,"park,""common area,"etc.);
BOCC SR 08.21.19 Page 12 of 30
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Q.5.b
3) The platted lot must have a Tier designation of Tier III;
4) Notwithstanding Policy 101.13.2,the maximum net density may only be reached with the transfer of one(1)full TDR to the SR
lot,regardless of the size of the lot and the allocated density assigned to it;
5) The TDR must meet all requirements and procedures specified in Policy 101.13.3 and Section 130-160 of the Land Development
Code;
6) TDRs under this provision may not be transferred into noise zones of 65 DNL or greater;and
IL
7) The subject parcel must comply with Policy 301.2.5 regarding legal access. 0.
0
1 �3
2
3 Goal 111 0
IL
4 Monroe County shall manage future growth to enhance the quality of life and safety of County
5 residents, and Prioritize the Provision of workforce housing(households that derive at least seventy
6 percent (70%) of their household income from gainful employment in Monroe County) that is safe,
7 code compliant, and resilient. Incentivize it through density bonuses that exceed the density a
8 limitations in Policy 101.5.25 and Section 130-157 of the Land Development Code within aproved
9 site-specific areas located on Stock Island.
10 M
11 Obiective 111.1 0
12 Monroe County shall create site-specific areas located in Stock Island which provide density
13 bonuses for developing workforce housing in areas suitable for workforce housing. Such site specific
14 areas shall facilitate the transference of ROGO and TDR, vary parking, and allow for three (3) 0
15 stories within the height envelope based on acceptable data and analysis that evidences the sufficient
16 intermodal transportation including bust stops, bicycle paths, and utilization of scooters. 2
17
18 Policy 111.1.1 Stock Island Workforce Area 1- To provide Limitations on Development and
19 Specific Restrictions
00
20
21 Development in the Stock Island Workforce Area 1 shall be subject to regulations applicable to the (s
22 Residential High Future Land Use Designation except as provided below:
23 0
24 1. Notwithstanding the density standards set forth in Policy 101.5.25, the Maximum Net Density o Ql
25 the Stock Island Workforce Area 1 shall be 40 dwelling _units per acre and shall not require
26 transferable development rights.
27 2. The Eighty (80) market rate dwelling units and their associated Eighty (80) allocated density
28 rights may be transferred anywhere in the Lower Keys upon aplication and aproval of a minor
29 conditional use. E
30 3. Buildings that are voluntarily elevated up to three (3) feet above base flood to be three (3)
31 habitable floors, excluding mechanical components and elevator shafts.
32 4. Parking requirements shall be 1 parking space per one bedroom unit, 1.5 parking spaces per two
33 bedroom unit, and 2 parking spaces per three bedroom unit
34 5. Nonresidential uses shall be prohibited. Accessory uses to the residential development, such as a
35 club house or recreational facilities, are permitted.
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Q.5.b
1 6. There shall be no market rate or transient residential units.
2 7. The protest procedures set forth within Sec. 102-158(d)(8) are aplicable to aplications
3 submitted under this Policy 111.1.1.
4
5
6 IV. ANALYSIS OF PROPOSED AMENDMENT
7
8 Military Installation Area of Impact(MIAI)
9 The proposed text amendment was transmitted to the Commanding Officer of Naval Air Station Key
10 West on February 20, 2019 as required by Comprehensive Plan Objective 108.1 and Policies 108.1.1
11 and 108.1.3. Within 30 days from the date of receipt from Monroe County of proposed changes, the E
12 Naval Air Station Key West commanding officer or his or her designee may provide comments to
13 Monroe County on the impact proposed changes may have on the mission of the military
14 installation. No comments have been received. 0
a
15
16 Traffic Study and Parking Analysis
17 The submitted Level 3 Traffic Study and Parking Analysis prepared by Trident Engineering dated
18 August 2018 is currently under review with the County's Traffic Engineer.
19
20 Proposed Text Amendment Language
21 The following table itemizes the individual components of the Applicant's proposed site specific
22 subarea policy and provides staff s analysis and recommendation for each item: 0
23
24
25 0
26
27 2
cv
00
i
i
i
N
00
N
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Q.S.b
Applicant's Proposed Language Analysis Staff Recommendation PC Recommendation BOCC Transmittal
07.31.19 Hearing 08.21.19
This policy allows for a density increase when a Approval with modifications. Approval with staff
Policy 101.5.25 site specific subarea is established under a new recommended changes.
Maximum Net Density(a)(b)(per buildable acre): 12 18 du(MU) proposed goal that intends to incentivize affordable Amend language to specify that the
c
(k)W housing within Stock Island. proposal results in a density
increase for site specific subarea a
Mixed 1 du(DR,MU, 2 du(MI) 0.100.45
Use/Commercial MI) 6-18 du (SC,UC, policies established under Goal a
(MC) 3 du(SC) (SC) DR,MU) 111. a
(SC,Uc,DR, 6 du(UC) 12 du(Uc) 0.20 E
0
RV,MU and MI Commercial 1218 du <2,500 SF L. Remove language proposing to T
zonng) Apartments 18do DR (RV) increase density in the Mixed Use o
@ ( ) 0.300.60 (MU)Land Use(Zoning)District. a
515 (MI)
v
rooms/spaces 1025 s
rooms/spaces to
r
Residential High 6 du(iTR) 1225 du 10
(RH) I du/lot(URM, (UR)(`)a s
(IS-D 0),URM, URM-L) N/A(IS-D, 0 020 O
URM-L and UR 2 du/lot(IS-D) URM, p
zoning) URM-L)
010 m
rooms/spaces 020 U
N
rooms/spaces y
Y
V
d
(n) Density bonus above the max net density provided may be
permitted for a property within a site-specific policy area under
Goal 111.
N
cd
O
The proposed goal seeks to create incentives the Approval with modifications. Approval with staff
Goal 111 development of workforce housing through recommended changes. vi
Monroe County shall manage future growth to enhance the quality of increased density. Amend policy to use the term o
life and safety of County residents, and prioritize the provision of "affordable housing" which is m
workforce housing (households that derive at least seventy_percent There is no definition for"workforce housing"in defined in the Comprehensive Plan $I
(70%) of their household income from gainful employment in the Comprehensive Plan or the LDC. The and the LDC.
Monroe County) that is safe, code compliant, and resilient. Comprehensive Plan and the LDC defines a
Incentivize it through density bonuses that exceed the density "affordable housing". Add statement that all new dwelling P1
limitations in Policy 101.5.25 and Section 130-157 of the Land units on the subject property will be a°
Development Code within approved site-specific areas located on subject to the ROGO permit r
Stock Island. allocation system. m
a
Modify the language within the
proposed Goal to indicate all
affected regulations and/or
development requirements that may
BOCC SR 08.21.19 Page 15 of 30
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Packet Pg.2131
Q.S.b
be varied through the establishment
of a site specific subarea policy
under Goal 111.
Obiective 111.1 The proposed objective is internally inconsistent Approval with modifications. Approval with staff
Monroe County shall create site-specific areas located in Stock Island with proposed Goal 111 as the objective expands recommended changes.
which provide density bonuses for developing workforce housing in beyond the scope identified within the Goal. Amend Goal 111 to clearly indicate c
areas suitable for workforce housing. Such site specific areas shall incentives to increase affordable E
facilitate the transference of ROGO and TDR, vary parking, and Incentives to increase affordable housing within housing within Stock Island c
allow for three (3) stories within the height envelope based on Stock Island through modification to existing through modification to existing 0
a
acceptable data and analysis that evidences the sufficient intermodal transferable development rights policies, off-street transferable development rights °L
transportation including bus stops, bicycle paths, and utilization of parking requirements and height of structure, policies, off-street parking v
scooters. should be specified within the language of Goal requirements and height of
111. structure. o
a
m
Policy 111.1.1 Stock Island Workforce Area 1-To provide Limitations Approval with modifications. Approval with staff
Policy should clarify that there is will be no
on Development and Specific Restrictions recommended changes.
maximum net density standard available for Add statement that there shall be no rn
market-rate or transient units for internal a
Development in the Stock Island Workforce Area 1 shall be subject to consistency. maximum net density standard
available for market rate dwelling s
regulations applicable to the Residential High Future Land Use O
The maximum development potential utilizingunits or transient units.
Designation except as provided below: P P o
under maximum net are based on dwelling units per O
buildable acre. Amend language to clarify that max T
1.Notwithstanding the density standards set forth in Policy 101.5.25, net density is based on dwelling
the Maximum Net Density of the Stock Island Workforce Area 1 units per buildable acre.
m
shall be 40 dwelling units per acre and shall not require transferable
development rights.'
rn
2. The Eighty (80) market rate dwelling units and their associated Transfer of ROGO exemptions is established Approval with modifications. Approval with amended N
Eighty(80)allocated density rights may be transferred anywhere in through Policy 101.6.8. The transfer of language. a
the Lower Keys upon application and approval of a minor development rights is established through Delete proposed language. N
conditional use. Comprehensive Plan Objective 101.13 and Policies Amend the proposed
101.13.1,101.13.2 and 101.13.3 Policy 111.1.1 to state: v
a. The Eighty(80) m
The Property is nonconforming to allocated density market rate dwelling $I
due to extra units on the site.Based on the existing units may be
development, the Property is not deemed to have
max net density. Rather, it is deemed to have transferred within o
N
allocated density. Stock Island upon
approval of a minor E
The proposed language is inconsistent with Policy conditional use
5
101.13.2. Density must to remain with the site following the 4
proposed for the development of new affordable approval of a
housing dwelling units. Transfer of a site's development
allocated density removes all development rights
and prohibits an development under allocated agreement associated
BOCC SR 08.21.19 Page 16 of 30
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Packet Pg.2132
Q.S.b
density or maximum net density calculations. with the Wreckers
Cay project.
The proposed language is inconsistent with Land Additionally,the
Development Code 130-160.
transferred market
Additionally,Monroe County has adopted Interim rate units shall not be a
Development Ordinances (IDOs) through used as transient a
Ordinance 011-2017 and Ordinances 020-2018 units. a
and clarified through Resolution 203-2018. The b. The Thirty-Two(32) a
IDOs and clarifying resolution defer the approval density rights that a
of new private applications or received exceed the allocated o
applications that are not yet approved, proposing U
density for the >
to utilize Monroe County Code Section 139-2 g
(Affordable Housing Incentive Program) or property of Forty- —a°
Section 138-22(b)(Transfer of ROGO exemptions Eight(48)may be
off site) to transfer market rate units to another transferred in Stock
location except as approved through Resolution Island upon approval r'
203-2018, to allow the transfer of market rate of a minor a
ROGO exemptions pursuant to Section 139-2 0
(Affordable Housing Incentive Program) and/or conditional use,if o
Section 138-22(b)(Transfer of ROGO Exemptions deemed to be legally m
Off-Site)only to receiver properties that meet all acceptable. 0
of the following criteria:
1. receiver site is designated as Tier III;and U
2. receiver site is a legally platted lot;and Y
3. receiver site is within the Improved
Subdivision (IS) Land Use District or the
Urban Residential Mobile Home (URM) a,
Land Use District;and
4. receiver site is located within the same P1
Cd
ROGO planning subarea as the sender site;
and mi
5. receiver site property is not a working U
waterfront. O
Cal
The proposed text amendment(File 2019-114)to
resolve the IDOs is in process and was considered
by the BOCC on July 17,2019. $
c
3. Buildings that are voluntarily elevated up to three (3) feet above Approval with modifications. Approval with staff
The Affordable Housing Advisory Committee L
base flood to be three (3) habitable floors, excluding mechanical (AHAC)recommended that the BOCC direct staff recommended changes.
components and elevator shafts. to evaluate and develop comprehensive plan and Modify language to clarify that 4
land development code amendments to create a mechanical equipment and elevator
Workforce Housing overlay for the Planning shafts are included in calculation of
Commission to recommend and Board of Count overall height and shall not exceed
Commissioners to approve an extra story for the height limitations established in
BOCC SR 08.21.19 Page 17 of 30
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Packet Pg.2133
Q.S.b
development of an exclusive workforce housing Comprehensive Plan Policies
project,up to maximum of 40 feet. 101.5.30 and 101.5.33 and LDC
Section 131-2.
4. Parking requirements shall be 1 parking space per one bedroom Approval with modifications. Approval with staff
Current LDC regulations allows for a reduction in recommended changes.
unit,1.5 parking spaces per two bedroom unit,and 2 parking spacesa
off-street parking either when shared parking is �
per three bedroom unit utilized or a parking demand study is approved. Modify language that the parking
requirements may be reduced based a
on acceptable data and analysis, a
The Stock Island — Key Haven Livable reviewed and approved by the .
Communikeys Plan(LCP)identifies actions desired planning Director, that evidences E
by the local community that directly relate to off- o
the sufficient intermodal 0
street parking that include: transportation including bus stops, cTi
• Action Item 1.1.2: Amend the parking bicycle paths and utilization of —a°
requirements in the overlay district by scooters. v
offering a parking credit for on-street s
parking spaces located directly in front of rn
a
the development being served. a
• Action Item 9.1.2: Amend the parking s
O
regulations of the Land Development
Regulations to reduce the amount of
required vehicular parking spaces in v
commercial establishments in exchange for
m
scooter spaces. �
m
5. Nonresidential uses shall be prohibited. Accessory uses to the Approval with modifications. Approval with
This statement is consistent with the purpose of the modifications.
residential development, such as a club house or recreational amendment.However,it does not clearly state any
facilities,are permitted. Add statement:the maximum floor N
limitation on the maximum floor area ratio. area ratio (FAR) for all Amend the proposed ai
nonresidential uses within the Policy 111.1.1 to allow U)
rni
subarea shall be zero. a shoreside support v
facility associated with a v
O
mooring field as an mi
accessory use associated $
with the Wreckers Cay 7
project within the RH N
FLUM and UR Zoning
District.
E
r
m
a
BOCC SR 08.21.19 Page 18 of 30
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Packet Pg.2134
Q.S.b
6. There shall be no market rate or transient residential units. Approval with modifications. Approval with staff
Policy should clarify that there is will be no
maximum net density standard available for no recommended changes.
market-rate or transient units for internal Add statement that there shall
maximum net density standard
arrdd
consistency. available for market rate dwelling
units or transient units.
c
v
7. The protest procedures set forth within Sec. 102-158(d)(8) are Approval. Approval with staff Q
Protest procedures in LDC Section 102-158(d)(8) recommended changes.
applicable to applications submitted under this Policy 111.1.1. require a favorable vote by the BOCC during the a
transmittal stage of a proposed Comprehensive Plan °
E
text amendment.
U
cTi
0
a
m
v
`m
8.The affordable units shall be rental units only. Approval with the
additional language rn
requested by the
c
Planning Commission. s
O
0
0
O
T
N
U
N
N
Y
V
N
O
N
c0
O
�I
to
U�
U
O
m
o�
N
a0
O
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W
E
L
V
t0
a
BOCC SR 08.21.19 Page 19 of 30
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Packet Pg.2135
Q.5.b
I V. STAFF-RECOMMENDED CHANGES TO PROPOSED AMENDMENT
2
3 As noted above, the Applicant's proposed text, as submitted on June 20, 2018 and revised on May
4 22, 2019, additions are shown in underlined, deletions are stfiekeii �hf:eeo. Staff proposed
5 amendments are as additions in red iundefl ne, deletions are red s1i i4en lhi�olfgll.
6
7
8 Policy 101.5.25
9 Monroe County hereby adopts the following density and intensity standards for the future land use
10 categories, which are shown on the FLUM and described in Policies 101.5.1101.5.20. [F.S. § 91
11 163.3177(6)(a)l.] E
0
Future Land Use Densities and Intensities 2
0
IL
Residential n> Nonresidential Minimum
pen
Future Land Use Category Space Ratio
and Corresponding Allocated Density(a) Maximum Net Maximum <�>
Zoning (per upland acre) Density<axb) Intensity
(per buildable acre) (floor area ratio)
a
0
Residential High(RH) 6 du(UR) 12-25 du(UR)(k n
(IS-D G),URM,URM-L and ldu/lot(URM,URM- N/A(IS-D,URM,
UR zoning) L) URM-L) 0 0.20
2 du/lot(IS-D)
0-20 rooms/spaces
0-10 rooms/spaces
Notes:
00
(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.
I
(b) The Maximum Net Density is the maximum density allowable with the use of TDRs,or for qualifying affordable housing 0
development.TDRs can be utilized to attain the density between the allocated density standard up to the maximum net density 001
standard.Deed restricted affordable dwelling units may be built up to the maximum net density without the use of TDRs. "N/A"
means that maximum net density bonuses shall not be available.Buildable acres means the portion of a parcel of land that is 17
developable and is not required open space. 00
cv
(c) Additional open space requirements may apply based on environmental protection criteria;in these cases,the most restrictive
requirement shall apply.
E
(d) Future land use categories of Agriculture/Aquaculture,Education,Institutional,Preservation,Public Buildings/Lands,and
Public Facilities,which have no directly corresponding zoning,may be used with new or existing zoning districts as appropriate.
(e) Within the Mainland Native future land use district,campground spaces and nonresidential buildings shall only be permitted for
educational,research or sanitary purposes.
SR PC 07.31.19 Page 20 of 30
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Q.5.b
(f) For properties consisting of hammocks,pinelands or disturbed wetlands within the Mixed Use/Commercial and Mixed Use/
Commercial Fishing future land use categories,the maximum floor area ratio shall be 0.10 and the maximum net density bonuses
shall not be available.
(g) 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.
(h) In the RV zoning district,commercial apartments shall be allowed,not to exceed 10%of total spaces allowed or inexistence on
the site,whichever is less. IL
CL
(i) The allocated density for the CFSD-20 zoning district(Little Torch Key)shall be 1 dwelling unit per acre,or 1 dwelling unit per 0
parcel for those parcels existing as of September 15, 1986,whichever is less,and the maximum net density bonuses shall not be
available.Residential density shall be allowed in addition to the permitted nonresidential uses and intensity(i.e.,density and 2
intensity shall not be counted cumulatively). 0
(j) Within IS subdivisions with primarily single family residential units,IS-D zoning maybe used with a RM future land use
designation for platted lots which have a duplex that was lawfully established prior to September 15, 1986.
(k) The maximum net density shall be 25 du/buildable acre for the UR zoning district and shall be 18 du/buildable acre for the MU
and SC zoning district for development where all units are deed restricted affordable dwelling units.For the UR zoning district
market rate housing may be developed as part of an affordable or employee housing project with a maximum net density not
exceeding 18 du/buildable acre.
0
(1) Vessels,including live-aboard vessels,or associated wet slips are not considered dwelling units and do not count when
calculating density.
(m) Within the Residential Low future land use category,the maximum net density for platted lots of less than 0.40 gross acres
within the SR zoning district shall be 1 dwelling unit per platted lot,provided all of the following conditions are met:
(n)Density o�zGa�...increase above the max net density provided mawpermitted for a property within a site-specific
policy � 1a area under Goal 111.
cv
1) The parcel must be one full platted lot shown on a plat approved by the County and duly recorded prior to January 2, 1996; 00
I
2) The platted lot may not be identified for any other use or purpose on the plat(e.g.,"park,""common area,"etc.); t!)I
3) The platted lot must have a Tier designation of Tier III;
I
4) Notwithstanding Policy 101.13.2,the maximum net density may only be reached with the transfer of one(1)full TDR to the SR 17
lot,regardless of the size of the lot and the allocated density assigned to it; 00
cv
5) The TDR must meet all requirements and procedures specified in Policy 101.13.3 and Section 130-160 of the Land Development
Code;
6) TDRs under this provision may not be transferred into noise zones of 65 DNL or greater;and
7) The subject parcel must comply with Policy 301.2.5 regarding legal access.
1
2
SR PC 07.31.19 Page 21 of 30
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Packet Pg. 2137
Q.5.b
I Goal 111
2 Monroe County shall manage future growth to enhance the duality of life and safety of County
P P . °
1 4n�4 :i g l an4u el an np kil
residents, an prioritize the provision o �� �nn�c �� �; ����u�4r a���� a���,
4
nn
5 that is safe, code compliant, an resilient. �;;i �u�,�,n�� . � :tuv�z�, �,...:� � sippp�
, Y i! ��flfl��i;�i �� �, ����us in�.�, �..
6 near s 1lp.g- C�2! 2!y �lg.pnii pnn�;;in�We u;"inn tlnn...cpn,n�n�.�nlnn1nnng! �A �.�bn pnn6p4n 1pnn4cp 4;ngi �
nli�nn ki Hi'n4gx n:un44!� ln2n:.
7 �� .°. nn i4nnp4bnnp cpn12g4Iy 4n4i,nncnses 4upn !,fig ��pnn4n�n4un�n �np Gn npp�incpnlli cp n.
8 bi4 H(IaWe acre,, transfer of plOGO gngj npMon s wkldn4 plie Lgwer lr,n;ys, 1Mnnpip"ication4 pin nen gnljt In(] IL
�
9 ah<;rnate of stre t pnari<4ayn n np4uinyna a�g.. tin Wgjn lent flee ...(jev ; :)pjn ent V� tgn tja� to a(Wress Elie 0.
y... e 1 m4 s n W'4 e 4l �l �a �u l ���wi ii��, �u�l��i'i 0
10 ia�nc�,n,np4u�n�ng �nn��niipn�iii� �np" �np"pn�nn•cp�n�i.
n�ug a�u l ��, l��iy��,�• l'.i,y� �;gu���u��'
11
12 1 20 157 Of t e Land DeVel ,tie t (`ede v thif appt:evedsitu± �siibatyas legate a
IL
13
14 y4ubc�c� 1�4s n��n�ny>[�l nii �nap.n�n, ��� �nn4 �
y Wan(],(]
�x �x
p u,�nv La...<np Use Man J "ii �,,. ��.�, ��a��n4 �a .�4n<,l� � � �, ..��� b�n�i4�ln�p �l��n4u �� ��n ����, ..�gp><,<,41�p. . �
15 s4 u.ln an n n l;n.�n.u.y y:..
16
17 Obiective 111.1 �
18 Monroe County shall create site-specific si bareas located in Stock Island which Provide density 0
19 increases ....4upn tag... a IMI inaUM of 40 „np`finn•(IaWe npwy � bowises-for 0
n4a4�� � �,i�.�.,.
20 developing ,�:wkfla���,e affi���( i � se p���:i,n uu!!�y 1�2 an �
.p�n�l� housing m �4u4��a�. areas i�n��n��np 9. �
21 !Lln!)_S4u4bpnWe 1q;)I mj Amzee:fimis4i g. Such site specific si; areas may slm:H �
U)
22 facilitate the transfers of ROGO �nMntp.4nas Q'i plus• i p pp:;_n�n ay ....v 4npp �� b ap rking I-
23 nenpp„p!j'emn bg, and may allow for in) to three (3) stories within the pu4inpin g height envelope based on
24 aee p laWe data and amflys s Iliat y:y kienees Ilne siAie4efil 4 1ein111�:A ni IFHiLpnknn-lpnH mi ':4401id< n<gg b4ng:t
25 p y p p eyn Ijc area iocatn;np Aga Sto l< Iski 4cp sli npl �yin n4i�l�� Ana<l �4��ii� �n���n . anp n,a;,n�n�nn ,,...�ii �ks
26 n•n;np4u re a Poky cJefin4 n g bll< n•n sU icti'on s an(I fflo an ces for flee siby..
06
27 i
yimIllu lit cas
28 Policy 111.1.1 Stock Island Workforce m�ui�area 1 l a Il��w�„ �'�da L4� �tiut�m�a�u '�� i�
i 1 � i
mt®pnm
f.3
30
in the Stock Island Workforce Siuba rea 1 shall be subject to 31 Development_�n�p�..�npp�nnn;�,�n�i� �p4n4u���g�.:... cv
32 regulations aplicable to the Residential High (1� :I;) Future Land Use Designation except as provided
00
33 below: CD
34
35 l. Notwithstanding the density standards set forth in Policy 101.5.25, the Maximum Net Density of
36 the Stock Island Workforce SiubaArea 1 shall be 40 dwelling units per b 4 u i i ni adie acre p"�nn ppn np <n ly,..
37 l%Vk1dn flip �. R ,r.�..n,n g.pj.� .t1;u.cts and shall not require transferable development rights.
38 7. I liere..sli ffl be no pfflon ate(j or unman n„unn net (l n sky �!angcpancp av flkiWe for„nmij<np; rat cj„n eHi'ngg
39 imks or transient t 4;u.ks
..................................................................................................................
SR PC 07.31.19 Page 22 of 30
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Packet Pg. 2138
1 3 I'lic niaxhnuni floor area ratig (EAI:) for ffl nonrcsidcntid uses wkldn the subarea sluffl be zero
2 A sliorcsadc supp�:21't y sscuitc( wkn a moming fick] as an eory !j , ss 'ited WkIl
3 t ...WW'dn flic P I� FLIJM and 1jP: Zoijng I?knict
1:: ��g�il 'Q tflk)eated densk 4 4� L�tll!y
5 14gbts 111ay be tiaflql 11 d in 1110 k�:)WOF Keye �jj)k)n and 1pj)itwal of H Iflink)F
6 e+*+d44i+*i,—i4�,
7 4. Buildings that are elevated-ij�p to three (3) feet above base flood may be deygi�:upcd
E
8 wkli It) be three (3)habitable floors
9 5 Parking requirements shall be I parking space per one bedroom unit, 1.5 parking spaces per two
10 bedroom unit, and 2 parking spaces per three bedroom unit, based on acceptaNe data and E
0
I I s reywwed and by !h� �)kinijng !2�rcctor fluit cvudcnccs flic suffi6ent knerniodd
12 t1c!2012111don undwfing t!j� tucye u, pattis, and utfl�zation ol'scooters .2
13 6. Nonresidential uses shall be prohibited. Accessory uses to the residential development, such as a 0
14 club house or recreational facilities, are permitted. A sligrcsadc suj,)12�:21't fau ai' I WkIl a
ty assogcitc(
15 M001ing pick] as an aeccssg• use assogated WkIl t1le wred<ers kldn ..:flue P I
y ly V!'Qje�! W
16 FLIJM and 1JP Zoijng I?knict
17 7 4'4eie shab be tit) +nai4el Izate k)f 11�afisient i�esidefilid lfnits�� A�� new rcsidcntid unks devdope(I
18 wkldn flic Stocl< Iskind World'orce Subarea I sluffl be subjg�t t�� flig I�QQQ pejjWt fflocation 0
19
0
20 8. The protest procedures set forth within Sec. 102-158(d)(8) are uplicable to uplications
21 submitted under this Policy 111.1.1.
V 1 6 ' c E22 9. A dcvdoI2112�121 ageement sluffl e rc(j!jkd fif an N
0
23 nouskig pj•�:Je t wk1jn due Stocl< Iskind World'orce Subarea I to define flue incoiuc gitegory
24 (fisuibution for flic deyg��:�pnicnt 2
25 10 Aii new affordaNc unks dcvdope�j wkIdn flic Stocl< Iskind World'orce Subarea I sluffl N(lUffe
26 occupants to deiive at �cast seventy pgj:�gnt ��I' tnck� Imusenok] �nconic frfflil gflnfid
27 ejnpi�nyjUcnt in Monix)c County, ®0
" fiffl 28 11 I'lic bgU!2d(11'y for t1le Stocl< Iskind World'orce Subarea I is �cgffly ds��gjbcd as- "p! gas
29 Lgcd desclip!Jon oftlic subarca'
30 niap' 0
31 00
32 12 Ili is a fforda b c i u n i t s sna b c ren tat � i n i t s on y:: C14
33 13 I'lic LjgIlty (�Q) Inarl<ct rate dwd�i'ng !�nk� jilay be transferred to IS and/or 1JPM zoijng cfistiicts 00
34 nd my ! flin 28day�::
C4L
35
36
E
37
38 VI. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE
39 STOCK ISLAND-KEY HAVEN LIVABLE COMMUNIKEYS PLAN, THE PRINCIPLES
40 FOR GUIDING DEVELOPMENT,AND FLORIDA STATUTES.
41
SR PC 07.31.19 Page 23 of 30
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Packet Pg. 2139
Q.5.b
I A. The proposed amendment is consistent with the Goals, Objectives and Policies of the
2 Monroe County 2030 Comprehensive Plan. Specifically,it furthers:
3
4 Goal 101: Monroe County shall manage future growth to enhance the quality of life, ensure the
5 safety of County residents and visitors, and protect valuable natural resources.
6
7 Objective 101.3 a
8 Monroe County shall regulate new residential development based upon the finite carrying
9 capacity of the natural and man-made systems and the growth capacity while maintaining a
10 maximum hurricane evacuation clearance time of 24 hours. a
0.
11
0
12 Policy 101.3.3 U
13 Monroe County shall allocate at least 20% of the annual allocation, or as may be established by
14 the State of Florida, pursuant to Administration Commission Rules, to affordable housing units a
15 as part of ROGO. Any portion of the allocations not used for affordable housing shall be retained
16 and be made available for affordable housing from ROGO year to ROGO year. Affordable
17 housing eligible for this separate allocation shall meet the criteria specified in Policy 601.1.4 and
�s
18 the Land Development Code, but shall not be subject to the competitive Residential Permit a
19 Allocation and Point System in Policy 101.6.4. Any parcel proposed for affordable housing shall M
20 not be located within an area designated as Tier I as set forth under Goal 105 or within a Tier III-
21 A Special Protection Area as set forth in Policy 205.1.1.
22
23 Objective 101.5
24 Monroe County shall regulate future development and redevelopment to maintain and enhance
25 the character of the community and protect natural resources by providing for the compatible 0
26 distribution of land uses consistent with the designations shown on the Future Land Use Map.
27
28 Policy 101.5.4
29 The principal purpose of the Residential High (RH) future land use category is to provide for
30 high-density single-family, multi-family, and institutional residential development, including
00
31 mobile homes and manufactured housing, located near employment centers.
32
33 GOAL 108
34 The compatibility of lands adjacent to or closely proximate to the Boca Chica airfield of Naval 0
35 Air Station Key West (NASKW) pursuant to Sections 163.3175 and 163.3177, Florida Statutes, 00i
36 shall be achieved through the implementation of the Objectives and Policies, incorporated herein.
37 Achieved is defined as being consistent with the Objectives and Policies, incorporated herein. 00
38 (Ord. No. 012-2012, DEO 12-lACSC-NOI-4401-(A) (I), eff. 7-19-2012) N
39
40 Objective 108.1 E
41 Naval Air Station Key West and Monroe County shall exchange information to encourage
42 effective communication and coordination concerning compatible land uses as defined herein.
43 (Ord. No. 012-2012, DEO 12-lACSC-NOI-4401-(A) (I), eff. 7-19-2012)
44
45 Policy 108.1.1
SR PC 07.31.19 Page 24 of 30
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Packet Pg. 2140
Q.5.b
I Monroe County shall transmit to the commanding officer of Naval Air Station Key West
2 information relating to proposed changes to comprehensive plans, plan amendments, Future
3 Land Use Map amendments and proposed changes to land development regulations which, if
4 approved, would affect the intensity, density, or use of the land adjacent to or in close proximity
5 to the Naval Air Station Key West (within the Military Installation Area of Impact (MIAI)).
6 Pursuant to statutory requirements, Monroe County shall also transmit to the commanding :
7 officer copies of applications for development orders requesting a variance or waiver from height E
8 requirements within areas defined in Monroe County's comprehensive plan as being in the MIAI.
9 Monroe County shall provide the military installation an opportunity to review and comment on
10 the proposed changes. (Ord. No. 012-2012, DEO 12-lACSC-NOI-4401-(A) (I), eff. 7-19 IL
-
0.
11 2012) E
12
13 Policy 108.1.2
14 Monroe County shall coordinate with Naval Air Station Key West and the Department of a
15 Economic Opportunity (State Land Planning Agency) to review Best Practices and provide
16 guidance on recommended sound attenuation options to be identified in development orders for
17 optional implementation in new construction and redevelopment of existing structures in areas
�s
18 located within the MIAL The list of recommended sound attenuation options may be based on a
19 the level of noise exposure, level of sound protection, and the type of residential construction or
20 manufactured housing that is proposed. Monroe County and the Naval Air Station Key West will
21 coordinate with the Department of Economic Opportunity to identify state and federal housing
22 programs, and to develop informational literature to inform qualified homeowners of the
23 availability of potential funds for sound attenuation. (Ord. No. 012-2012, DEO 12-lACSC-NOI-
24 4401-(A) (I), eff. 7-19-2012)
25 0
26 Policy 108.1.3
27 Within 30 days from the date of receipt from Monroe County of proposed changes, the Naval Air 2
28 Station Key West commanding officer or his or her designee may provide comments to Monroe
29 County on the impact proposed changes may have on the mission of the military installation.
30 Monroe County shall forward a copy of any comments regarding comprehensive plan
00
31 amendments to the state land planning agency. The commanding officer's comments, underlying
32 studies, and reports shall not be binding on Monroe County. Monroe County shall take into
33 consideration any comments provided by the Naval Air Station Key West commanding officer or U
34 his or her designee and shall also be sensitive to private property rights and not be unduly 0
35 restrictive on those rights. (Ord. No. 012-2012, DEO 12-lACSC-NOI-4401-(A) (I), eff. 7-19- 00i
36 2012)
37 00
38 Goal 601: Monroe County shall adopt programs and policies to facilitate access by residents to N
39 adequate and affordable housing that is safe, decent, and structurally sound, and that meets the
40 needs of the population based on type, tenure characteristics, unit size and individual E
41 preferences.
42
43 Policy 601.1.4
44 All affordable housing projects which receive development benefits from Monroe County,
45 including but not limited to ROGO allocation award(s) reserved for affordable housing,
46 maximum net density, or donations of land, shall be required to maintain the project as
SR PC 07.31.19 Page 25 of 30
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Q.5.b
I affordable for a period of 99 years pursuant to deed restrictions or other mechanisms specified in
2 the Land Development Code, and administered by Monroe County or the Monroe County
3 Housing Authority.
4
5 Policy 601.1.8
6 Monroe County shall allocate at least 20% of the annual ROGO allocation, or as may be :
7 established by the State of Florida, pursuant to Administration Commission Rules, to affordable E
8 housing units, as specified in Policy 101.3.3. Affordable housing eligible for this separate
9 allocation must meet the criteria established in the Land Development Code.
10
11 Policy 601.1.9 E
12 Monroe County shall maintain land development regulations which may include density
13 bonuses, impact fee waiver programs, and other possible regulations to encourage affordable
14 housing. 0
15
16 B. The proposed amendment is consistent with the Stock Island Livable Communikeys Plan.
17 Specifically,it furthers:
cas
18
19 Action Item 2.3.1
20 Continue to recognize land use districts and FLUM categories as the regulatory tool used for
21 evaluating individual proposals for compliance with land development standards such as type of
22 use and intensity of use.
23
24 Action Item 3.1.1
25 Provide a density bonus unique to Stock Island to encourage the development of low to very low 0
26 income rental housing.
27 2
28 Strategy 3.3
29 Maintain and improve the existing amount of low to very low affordable housing options.
30
00
31 Action Item 3.4.3 i
32 Increase density bonuses for low and very low income.
33
34 C. The amendment is consistent with the Principles for Guiding Development for the Florida 0
35 Keys Area, Section 380.0552(7), Florida Statutes. i
36
37 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan 00
38 with the principles for guiding development and any amendments to the principles, the principles
39 shall be construed as a whole and no specific provision shall be construed or applied in isolation
40 from the other provisions.
41 (a) Strengthening local government capabilities for managing land use and development so that
42 local government is able to achieve these objectives without continuing the area of critical
43 state concern designation.
44 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations,
45 seagrass beds, wetlands, fish and wildlife, and their habitat.
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I (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native
2 tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and
3 beaches, wildlife, and their habitat.
4 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound
5 economic development.
6 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida
7 Keys.
8 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural
9 environment, and ensuring that development is compatible with the unique historic character
10 of the Florida Keys.
11 (g) Protecting the historical heritage of the Florida Keys.
12 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and
13 proposed major public investments, including:
14 a
15 1. The Florida Keys Aqueduct and water supply facilities;
16 2. Sewage collection, treatment, and disposal facilities;
17 3. Solid waste treatment, collection, and disposal facilities;
18 4. Key West Naval Air Station and other military facilities;
19 5. Transportation facilities;
20 6. Federal parks, wildlife refuges, and marine sanctuaries;
21 7. State parks, recreation facilities, aquatic preserves, and other publicly owned
22 properties; c
23 8. City electric service and the Florida Keys Electric Co-op; and
24 9. Other utilities, as appropriate.
25 0
26 (i) Protecting and improving water quality by providing for the construction, operation,
27 maintenance, and replacement of stormwater management facilities; central sewage 2
28 collection; treatment and disposal facilities; and the installation and proper operation and
29 maintenance of onsite sewage treatment and disposal systems.
30 (j) Ensuring the improvement of nearshore water quality by requiring the construction and
00
31 operation of wastewater management facilities that meet the requirements of ss.
32 381.0065(4)(1) and 403.086(10), as applicable, and by directing growth to areas served by
33 central wastewater treatment facilities through permit allocation systems.
34 (k) Limiting the adverse impacts of public investments on the environmental resources of the 0
35 Florida Keys. 00i
36 (1) Making available adequate affordable housing for all sectors of the population of the Florida
37 Keys. 00
38 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of N
39 a natural or manmade disaster and for a postdisaster reconstruction plan.
40 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and E
41 maintaining the Florida Keys as a unique Florida resource.
42
43 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent
44 with the Principles for Guiding Development as a whole and is not inconsistent with any
45 Principle.
46
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I D. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute
2 (F.S.). Specifically, the amendment furthers:
3
4 163.3161(4), F.S. — It is the intent of this act that local governments have the ability to preserve
5 and enhance present advantages; encourage the most appropriate use of land, water, and
6 resources, consistent with the public interest; overcome present handicaps; and deal :
7 effectively with future problems that may result from the use and development of land within E
8 their jurisdictions. Through the process of comprehensive planning, it is intended that units
9 of local government can preserve, promote, protect, and improve the public health, safety,
10 comfort, good order, appearance, convenience, law enforcement and fire prevention, and
11 general welfare; facilitate the adequate and efficient provision of transportation, water, E
12 sewerage, schools, parks, recreational facilities, housing, and other requirements and
13 services; and conserve, develop, utilize, and protect natural resources within their
14 jurisdictions. a
15
16 163.3161(6), F.S. — It is the intent of this act that adopted comprehensive plans shall have the
17 legal status set out in this act and that no public or private development shall be permitted
�s
18 except in conformity with comprehensive plans, or elements or portions thereof, prepared a
19 and adopted in conformity with this act.
20
21 163.3177(1), F.S. — The comprehensive plan shall provide the principles, guidelines, standards,
22 and strategies for the orderly and balanced future economic, social, physical, environmental,
23 and fiscal development of the area that reflects community commitments to implement the
24 plan and its elements. These principles and strategies shall guide future decisions in a
25 consistent manner and shall contain programs and activities to ensure comprehensive plans 0
26 are implemented. The sections of the comprehensive plan containing the principles and
27 strategies, generally provided as goals, objectives, and policies, shall describe how the local 2
28 government's programs, activities, and land development regulations will be initiated,
29 modified, or continued to implement the comprehensive plan in a consistent manner. It is not
30 the intent of this part to require the inclusion of implementing regulations in the
00
31 comprehensive plan but rather to require identification of those programs, activities, and land
32 development regulations that will be part of the strategy for implementing the comprehensive
33 plan and the principles that describe how the programs, activities, and land development U
34 regulations will be carried out. The plan shall establish meaningful and predictable standards 0
35 for the use and development of land and provide meaningful guidelines for the content of CO
36 more detailed land development and use regulations.
37 00
Ir-
38 163.3201, F.S. — Relationship of comprehensive plan to exercise of land development regulatoryCD
39 authority. It is the intent of this act that adopted comprehensive plans or elements thereof
40 shall be implemented, in part, by the adoption and enforcement of appropriate local E
41 regulations on the development of lands and waters within an area. It is the intent of this act
42 that the adoption and enforcement by a governing body of regulations for the development of
43 land or the adoption and enforcement by a governing body of a land development code for an
44 area shall be based on, be related to, and be a means of implementation for an adopted
45 comprehensive plan as required by this act.
46
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I VIL PROCESS
2
3 Comprehensive Plan Amendments may be proposed by the Board of County Commissioners, the
4 Planning Commission, the Director of Planning, or the owner or other person having a contractual
5 interest in property to be affected by a proposed amendment. The Director of Planning shall review
6 and process applications as they are received and pass them onto the Development Review
7 Committee and the Planning Commission.
8
9 The Planning Commission shall hold at least one public hearing. The Planning Commission shall
10 review the application, the reports and recommendations of the Department of Planning &
11 Environmental Resources and the Development Review Committee and the testimony given at the E
12 public hearing. The Planning Commission shall submit its recommendations and findings to the
13 Board of County Commissioners (BOCC). The BOCC holds a public hearing to consider the g
14 transmittal of the proposed comprehensive plan amendment, and considers the staff report, staff
15 recommendation, and the testimony given at the public hearing. The BOCC may or may not
16 recommend transmittal to the State Land Planning Agency. The amendment is transmitted to State
17 Land Planning Agency, which then reviews the proposal and issues an Objections,
18 Recommendations and Comments (ORC) Report. Upon receipt of the ORC report, the County has
19 180 days to adopt the amendments, adopt the amendments with changes or not adopt the
20 amendment. 0
21
22
23
24 VIII. STAFF RECOMMENDATION
25 0
26 Staff is recommending approval of the proposed amendment, with the following recommended
27 changes:
28
29 1. Amend language in note (n) of Policy 101.5.25 to replace "bonus" with"increased" density;
30 2. Amend language in Policy 101.5.25 to limit density increase to the Residential High (RH) 00
31 Future Land Use Map (FLUM) category;
32 3. Indicate all of the incentives provided to encourage the development of affordable housing
33 under the proposed Goal 111 and indicate a maximum density per buildable acre;
0
34 4. Modify the language in the proposed objective to clarify the incentives provided to i
35 encourage the development of affordable housing, the eligible zoning districts and to require C14
36 the establishment of a Policy to utilize Goal 111; 00
37 5. Remove the term workforce and replace with affordable housing throughout the goal,
38 objective and policy;
39 6. Amend language within the proposed site specific subarea Policy 111.1.1 to:
c�
40 a. Indicate that max net density is based on dwelling units per buildable acre;
41 b. Specify that no allocated or maximum net density for market rate or transient units
42 are available on the site;
43 c. Specify the maximum floor area ratio (FAR) for all nonresidential uses within the
44 subarea shall is zero, except that a shoreside support facility associated with a
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I mooring field is allowed as an accessory use associated with the Wreckers Cay
2 project within the RH FLUM and UR Zoning District;
3 d. Remove proposed language related to transfers of development rights;
4 e. Clarify that mechanical equipment and elevator shafts are be included in calculation
5 of overall height and shall not exceed height limitations established in
6 Comprehensive Plan Policies 101.5.30 and 101.5.33 and LDC Section 131-2;
7 f. Require data an analysis to be reviewed and approved by the Planning Director for E
8 off-street parking decreases;
9 g. Include a statement that new residential units are subject to the ROGO permit
10 allocation system; 0
11 h. Set parameters to establish an income category distribution schedule for the site;
12 i. Relocate language to add a criteria within this policy for occupants to derive at least 0
13 70% of their household income from gainful employment in Monroe County; and
14 j. Add a legal description and map showing the subarea boundaries.
15
16 VIIL EXHIBITS
17
18 1. Transmittal Resolution
19 2. Draft Ordinance 0
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1
` uu ,
4
5 -
7
8 MONROE COUNTY, FLORIDA
9 BOARD OIL COUNTY COMMISSIONERS, �
1.11RESOLUTION . - 2019
0.
1 ]
12 A RESOLUTIONTHE MONROE COUNTY BOARD OF COUNTY
13 COMMISSIONERS TRANSMITTING TO THE STATE LAND PLANNING
2
14 AGENCY AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
IL
15 COMMISSIONERS AMENDING THE MCINROE COUNTY COMPREHENSIVE PLAN �
16 POLICY 101.5.25 TO PROVIDE A DENSITY BONUS ABOVE THE MAXIMUM NET
1.7 DENSITY FOR AFFORDABLE HOUSING FOR A PROPERTY SUBJECT TO A SITE-
15 SPECIFIC SUBAREA POLICY ESTABLISHED UNDER PROPOSED GOAL I1.1. OF THE
1.9 COMPREHENSIVE PLAN; ESTABLISHING GOAL III AND OBJECTIVE 1.1.1A TO
20 INC:ENTIVI E AFFORDABLE HOUSING DENSITY BONUSES THA'17EXCEED THE �
21 ESTABLISHED MAXIMUM NET DENSITY PROVIDED IN POLICY 101.5.2 ; AND
22 CREATING POLICY 1.11.1.1 STOCK ISLAND WC7Rh,'1^'ur1RCE SUBAREA 1;
23 ES]ABLISHI IC1 THE BOUNDARY OF THE STOCK ISLAND WORKFORCE SUBAREA
24 1; LIMITING 'THE PERMITTED USES OF THE SUBAREA TO DEED RESTRICTED
D
25 AFFORDABLE HOUSING DWELLING UNITS; ESTABLISHING MAXIMUM NET �
26 DENSITY FOR AFFORDABLE HOUSING, HEIGHT" AND OFF-STREET PARKING U
27 REQUIREMENTS IN THE SUBAREA; AND ELIMINATING ALLOCATED DENSITY
28 AND FLOOR AREA RATIO;FOR PROPERTIES LOCATED 1""ED AT 5700 LAUREL AVENUE, �
29 6325 FIRST ST RE'ET'AND 61.25 SECOND STREET,STOCK ISLAND;AS PROPOSED BY
30 SMITHI AWKS, PLr ON BEHALF OF WRECKERS C;'AY APARTMENTS AT STOCK
31 ISLAND, ITC..; PROVIDING FOR SEVERABIL.ITY; PROVIDING FOR REPEAL, CIF"
32 CONFLICTING IC;T ING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE U)
33 LAND PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR �
34 INCLUSION IN THE 141C11mJROE COUNTY COMPREHENSIVE LAN;PROVIDING FOR
35 AN EFFECTIVE DATE. (File #201 -12t1)
36 U)
37 WHEREAS, [tie Monroe County Board of County ornnzissioners ("Board")oard") conducted a �
38 public hearing; for the purpose of considering the transmittal pursuant to the State Coordinated i
39 Review Process in Section 16 .31.84(4), Florida. Statutes, to the: State Land Planning Agency for
40 objections, recommendations and comments, and to the other Reviewing Agencies as defined in00
41 Section 1 3.3184(l)(c), Florida Statues, for review and comment on a proposed amendment to
42 the Monroe County Year 2030 Comprehensive flan as described. above; and
43
44 WHEREAS, the Monroe County Planning Commission and the Board support the �
45 requested text amendment; and
46
47 NOW THEREFORE, F IT RESOLVED BY THE BOARD OF COUNTY
48 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
49
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I Section 1. Recitals and Legislative Intent. The foregoing recitals and statements of
2 legislative intent are true and correct and are hereby incorporated as if fully stated
3 herein.
4
5 Section 2. The Board of County Commissioners does hereby adopt the recommendation of the
6 Planning Commission to transmit the draft ordinance, attached as Exhibit "A.", for
7 adoption of the proposed text amendment. a
8
9 Section 3. The Board of County Commissioners does hereby transmit the proposed
10 amendment to the State Land Planning Agency for review and comment in
0.
11 accordance with the State Coordinated Review process pursuant to Section
12 163.3184(4), Florida Statutes.
13
14 Section 4. The Monroe County staff is given authority to prepare and submit the required
15 transmittal letter and supporting documents for the proposed amendment in
16 accordance with the requirements of Section 163.3184(4), Florida Statutes.
17
18 Section 5. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. If
19 any provision of this ordinance, or any portion thereof, is held to be invalid or 8
20 unenforceable in or by any administrative hearing officer or court of competent
21 jurisdiction, the invalidity or unenforceability of such provision, or any portion
22 thereof, shall neither limit nor impair the operation, enforceability, or validity of
23 any other provision of this ordinance,or any remaining portion(s)thereof. All other
24 provisions of this ordinance, and remaining portion(s) thereof, shall continue
25 unimpaired in full force and effect.
26
27 Section 6. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in
28 conflict with this ordinance are hereby repealed to the extent of said conflict. The
29 repeal of an ordinance herein shall not repeal the repealing clause of such ordinance
30 or revive any ordinance which has been repealed thereby. i
31
32 Section 7. Captions and Paragraph Headings. Captions and paragraph headings, where
33 used herein, are inserted for convenience only and are not intended to descriptively
34 limit the scope and intent of the particular paragraph or text to which they refer. �I
35
36 Section 8. The Clerk of the Board is hereby directed to forward a certified copy of this 00
37 resolution to the Director of Planning.
cv
38
39
40
41 THIS SPACE INTENTIONALLY LEFT BLANK
42
43 SIGNATURES ON FOLLOWING PAGE
44
45
46
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I PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
2 Florida, at a regular meeting held on the day of
3
4
5 Mayor Sylvia Murphy
6 Mayor Pro Tein Danny L. Kolhage :6
7 Commissioner David Rice
E
8 Commi ssioner Heather Carruthers
9 Commissioner Michelle ColdirOD
10 IL
0.
I BOARD OF COUNTY COMMISSIONERS E
0
12 OF MONROE COUNTY, FLORIDA
13
.2
14 BY 0
IL
15 Mayor Sylvia Murphy
16
17 (SEAL)
19 ATTEST: KEVIN MADOK, CLERK
20
0
21 --
0
22 DEPUTY CLERK
0
MOHR COUNTY NEY U)
(; m
AP a To
Vr;,VE�4. T. WILLIAMS
ASSWANT QQj01HTYA
E
DOW- U)
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CD
C14
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Exhibit "A" to Transmittal Resolution
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2
3 try ' (litf
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5
6 ; ,r
7 MONROE COUNTY, FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 0.
9 ORDINANCE NO. -2019 E
0
10
11 �
12 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY 0
13 COMMISSIONERS AMENDING T14E , MONROE COUNTY
14 COMPREHENSIVE PLAN POLICY 101.5.25" TO PROVIDE A DENSITY
15 BONUS ABOVE THE MAXIMUM NET ,DENSITY FOR AFFORDABLE co
16 HOUSING FOR A PROPERTY SUBJECT TO A SITE-SPECIFIC SUBAREA
17 POLICY ESTABLISHED UNDER PROPOSED GOAL III„ OF THE �
18 COMPREHENSIVE PLAN; ESTABLISHING GOAL 111 AND OBJECTIVE 0
19 111.1 TO INCENTIVIZE AFFORDABLE HOUSING DENSITY BONUSES
20 THAT EXCEED THE ESTABLISHED MAXIMUM NET DENSITY 0
21 PROVIDED IN POLICY 101. _25;,AND CREATING POLICY 111.1.1 STOCK
22 ISLAND WORKFORCE SUBAREA ];,ESTABLISHING THE BOUNDARY OF to
23 THE STOCK ISLAND WORKFORCE,, SUBAREA 1; LIMITING THE
24 PERMITTED USES OF THE SUBAREA TO DEED RESTRICTED
25 AFFORDABLE MOUSING DWELLING UNITS; ETABLISHING MAXIMUM
26 NET DENSITY FOR AFFORDABLE HOUSING, HEIGHT AND OFF-STREET
27 PARKING REQUIREMENTS IN THE SUBAREA; AND ELIMINATING �
28 ALLOCATED DENSITY AND FLOOR AREA RATIO; FOR PROPERTIES .2
29 LOCATED AT 5700 LAUREL AVENUE, 6325 FIRST STREET AND 6125
30 SECOND STREET,STOCK ISLAND;AS PROPOSED BY SMITH/HAWKS,PL
31 ON BEHALF OF WRECKERS CAY APARTMENTS AT STOCK ISLAND
32 LL;C; PROVIDING FOR SEVERABIL,ITY; PROVIDING FOR REPEAL OF �
33 CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE
34 STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE;
35 PROVIDING FOR INCLUSION IN THE MONROE COUNTY
36 COMPREHENSIVE FLAN; PROVIDING FOR AN EFFECTIVE DATE. (File
37 42018-120) 0i
38 04
00
39
40CD
41
42 WHEREAS, on June 20, 2018, the Planning and Environmental Resources Department E
43 received an application from Barton W. Smith of Smith Hawks PL on behalf of Wreckers Cay
44 Apartments at Stock Island, LLC (the "Applicant,") to amend the Monroe County a
45 Comprehensive Plan text amendment to create a goal and objective to incentivize affordable
46 housing within Stock Island, and to create a subarea policy that would provide additional
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Exhibit "A" to Transmittal Resolution
1 development restrictions for properties located at 6325 First Street, 6125 Second Street and 5700
2 Laurel Avenue on Stock Island (the"Property"), including a limitation that the only permitted use
3 on the property would be affordable housing and accessory uses; and
4
5 WHEREAS, the Applicant has also requested a corresponding Land Development Code
6 text amendment to allow for increased density for site specific subarea policies established under
7 the proposed Goal; and
8 CL
CL
9 WHEREAS,the Applicant has also requested a corresponding Land Use District(Zoning) E
10 map amendment for the Property from Urban Residential Mobile Home (URM) to Urban to
11 Residential (UR), and
12 0
13 WHEREAS, the Monroe County Development Review Committee (DRC) reviewed and
14 considered the proposed amendment at a regularly scheduled meeting held on the 251h day of June,
15 2019; and
co
16
17 WHEREAS, the Monroe County Planning,Commission held a public hearing on the July
18 31, 2019, for review and recommendation of approval with changes as discussed during the 0
19 hearing on the proposed Comprehensive Plan text amendment;and
20
21 WHEREAS, based upon the information and documentation submitted, the Planning
22 Commission made the following Findings of Fact,and Conclusions of Law:
23
24 1. The proposed,amendment is consistent with the Goals, Objectives and Policies of the _
25 Monroe County Year 2030 Comprehensive Plan; and
26 2. The proposed amendment is consistent with the Principles for Guiding Development
27 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
28 3. The proposed amendment is consistent with Part H of Chapter 163,Florida Statute; and
29
30 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P29-19
31 recommending approval of the proposed amendment with the following changes: �i
32
33 1. Amend the proposed Policy 111.1.1 to allow a shoreside support facility associated with a
34 mooring field as an accessory use within the RH FLUM and UR Zoning District;
35 2. Amend the proposed Policy 111.1.1 to state: C�
36 a. The Eighty (80) market rate dwelling units may be transferred within Stock Island Go
37 upon approval of a minor conditional use following the approval of a
38 development agreement associated with the Wreckers Cay project. Additionally
39 the transferred market rate units shall not be used as transient units. E
40 b. The Thirty-Two (32) density rights that exceed the allocated density for the
41 property of Forty-Eight (48) may be transferred in Stock Island upon approval of
42 a minor conditional use, if deemed to be legally acceptable.
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Exhibit "A" to Transmittal Resolution
1 3. Amend the proposed Policy 111.1.1 to rental units only.
2
3 WHEREAS, at a regular meeting held on the day of 2019, the Monroe
4 County Board of County Commissioners held a public hearing to consider the transmittal of the
5 proposed text amendment, considered the staff report and provided for public comment and public E
6 participation in accordance with the requirements of state law and the procedures adopted for
7 public participation in the planning process; and 0.
CL
8 E
0
9 WHEREAS, at the public hearing, the BOCC adopted
10 Resolution -2019, transmitting the proposed text amendment to the State Land Planning
0
11 Agency; and
12 2s
13 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an �
14 Objections, Recommendations and Comments (ORC)report on
15 received by the County on ; and ®,
16
17 WHEREAS, the ORC report ; and
0
18
19 WHEREAS, the County has 18:0 day8 ftom the date of receipt of the ORC to adopt the to
20 proposed amendment, adopt the amendment with changes or not adopt the amendment; and i
21
a
22 WHEREAS,at a regularly scheduled meeting on the,, 'h day of , 201 , the BOCC
23 held a public hearing to consider adoption of the proposed Comprehensive Plan text amendment;
24 0
25 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
26 COMMISSIONERS°OF MONROE COUNTY,FLORIDA: as
27
28 Section 1. The text of the Monroe County Comprehensive Plan is hereby amended as follows
29 (Deletions are shown stt:ike t-ht:e,,.mot,; additions are shown underlined):
30
31 Policy 101.5.25
32 Monroe County hereby adopts the following density and intensity standards for the future 0
33 land use categories, which are shown on the FLUM and described in Policies 101.5.1 CD1
34 101.5.20. [F.S. § 163.3177(6)(a)l.]
00
-
CD
Future Land Use Densities and Intensities 04
r-
m Minimum
Residential Nonresidential
Open
Future Land Use L)
Space Rati 2
Category and Allocated Maximum Net Maximum o(C)
Corresponding Zoning Density(a) Density(a)(b) Intensity
(per upland acre) (floor area ratio)
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Exhibit "A" to Transmittal Resolution
(per buildable
acre)
Residential High(RH) 6 du(UR) 12-25 du CL
(IS-D G),URM,URM-L Idu/lot(URM, (UR)(k)LJ CL
and UR zoning) URM-L) N/A(IS-D,URM, 0 0.20 0
2 du/lot(IS-D) URM-L) to
0-10 0-20
CL
rooms/spaces rooms/spaces
as
Notes:
(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.
0
(b) The Maximum Net Density is the maximum density allowable with the use of TDRs,or for qualifying affordable
housing development.TDRs can be utilized to attain the density between the allocated density standard up to the 0
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"means that maximumsnet 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. U�y
(D
(c) Additional open space requirements may apply, based on environmental protection criteria;in these cases,the most
restrictive requirement Shall apply:
(d) Future land use categories of Agriculture/Aquacultfre,Education,Institutional,Preservation,Public
Buildings/Lands,and Public V cilities,which have no directly,corresponding zoning,may be used with new or existing 0
zoning,districts as appropriate. ,U)
qs
(e) Within the Mainland Native future land use district,campground spaces and nonresidential buildings shall only be ^�
permitted for educational,research or sanitary purposes.
(f) For properties consisting of hammocks,pihelands or disturbed wetlands within the Mixed Use/Commercial and
Mixed Use/Commercial Fishing future land use categories,the maximum floor area ratio shall be 0.10 and the
maximum net density„bonuses shall not be available.
(g) 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 01
building,boat storage,or other'similar uses,shall comprise a minimum of 35%of the upland area of the property, CD
adjacent to the shoreline,pursuant to Policy 101.5.6.
00
T-
CD
(h) In the RV zoning district,commercial apartments shall be allowed,not to exceed 10%of total spaces allowed or in 04
existence on the site,whichever is less. Z.;
(D
E
(i) The allocated density for the CFSD-20 zoning district(Little Torch Key)shall be 1 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 available.Residential density shall be allowed in addition to the permitted nonresidential Q
uses and intensity(i.e.,density and intensity shall not be counted cumulatively).
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Exhibit "A" to Transmittal Resolution
0) Within IS subdivisions with primarily single family residential units,IS-D zoning may be used with a RM future
land use designation for platted lots which have a duplex that was lawfully established prior to September 15, 1986.
(k) The maximum net density shall be 25 du/buildable acre for the UR zoning district and shall be 18 du/buildable acre
for the MU and SC zoning district for development where all units are deed restricted affordable dwelling units.For the
UR zoning district market rate housing may be developed as part of an affordable or employee housing project with a E
maximum net density not exceeding 18 du/buildable acre.
(1) Vessels,including live-aboard vessels,or associated wet slips are not considered dwelling units and do not count CL
when calculating density. E
0
(m) Within the Residential Low future land use category,the maximum net density for platted lots of less than 0.40 >
gross acres within the SR zoning district shall be 1 dwelling unit per platted lot,provided all of the following conditions
are met: LL
as
(n)Density increase above the max net density provided may permitted for a property within a site-
specific policy subarea under Goal 111.
1) The parcel must be one full platted lot shown on a plat approved by the County and duly recorded prior to January
2, 1996;
2) The platted lot may not be identified for any other use or purpose on the plat(e.g.,"park,""common area,"etc.); 0
3) The platted lot must have a Tier designation ofTier HL
4) Notwithstanding Policy 101,13.2,the maximum net density may only be reached with the transfer of one(1)full -119
(s
TDR to the SR lot,regardless of the size of the lot and the allocated density assigned to it; U
5) The TDR must meet,all requirements.and procedures specified in Policy 101.13.3 and Section 130-160 of the Land
Development Code;
a
0
6) TDRs under this provision may not be transferred into noise zones of 65 DNL or greater;and >
(D
7) The subject parcel must comply with Policy 301.2.5 regarding legal access.
J p pY U_
1
2 (D
3 Goal 111
4 Monroe County shall manage future growth to enhance the duality of life and safety of County
5 residents, and Prioritize the,provision of affordable housing that is safe, code compliant, and 0i
6 resilient. To incentivize the suply of affordable housing near employment centers,the County N
Go
7 shall provide for the development of site-specific land use mechanisms, limited to density T_
CD
8 increases up to a maximum of 40 affordable dwelling units per buildable acre, transfer of
9 ROGO exemptions within the Lower Keys, modification to height, and alternate off-street a
10 parking requirements, to augment the development potential to address the inadequate
11 availability of affordable housing in the Lower Keys. This Goal shall only be available to
12 properties within the Residential High (RH)Future Land Use Map (FLUM) category on Stock ZC
13 Island, as established through a site specific subarea polio
Ord -2019 Page 5 of 8
File 2018-120
Packet Pg. 2154
Q.5.d
Exhibit "A" to Transmittal Resolution
1
2 Obiective 111.1
3 Monroe County shall create site-specific subareas located in Stock Island which Provide
4 density increases U to a maximum of 40 affordable dwelling units per buildable acre for C
5 developing affordable housing in suitable areas located in close proximity to an employment E
6 center(Key West). Such site specific subareas may facilitate the transfer-of ROGO-exemptions C
7 (TREs), may vary off-street parking requirements, and may allow for up to three (3) stories 0.
L
8 within the buildin _g height envelope. All site-specific area located on Stock Island shall requireheight envelope. All site-specific area located on Stock Island shall require E
9 a Policy defining the development restrictions and allowances for the site. to
10 a®
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11 Policy 111.1.1 Stock Island Workforce SubaArea l
12 2s
13 Development of affordable housing in the Stock Island Workforce.Subarea 1 shall be subject
14 to regulations applicable to the Residential High (RH) Future Land,Use Designation except as
15 provided below:
16
17 1. Notwithstanding the density standards set forth in policy 101.5.25, theMaximum Net 0
18 Density of the Stock Island Workforce Subarea 1 shall be 40 dwelling g units per buildable
19 acre for property within the UR zoning, districts and shall not require transferable U
20 development rights. as
21 2. There shall be no allocated or maximum rtet density standard available for market rate 2
22 dwelling units or transient units.
23 3. The maximum floor area ratio,(FAR)for all nonresidential uses within the subarea shall be
24 zero. A shoreside Mort facility;associated with a mooring field as an accessory use 2
25 associated with the Wreckers Cay�r�ect within the RH FLUM and UR Zoning District.
26 4. Buildings that"arc elevated-to three (3)feet above base flood may be developed with t6- w
27 three (3)habitable floors.
U-
28 5. Parking,requirements shall be 1 parking space per one bedroom unit, 1.5 parking spaces
29 per two,bedroom unit, and 2 parking spaces per three bedroom unit, based on acceptable
30 data and analysis reviewed and approved by the Planning Director that evidences the C
31 sufficient inter nodal transportation including bus stops, bicycle paths, and utilization of C
32 scooters. 0i
33 6. Nonresidential uses shall be prohibited. Accessory uses to the residential development, N
34 such as a club house or recreational facilities, are permitted. A shoreside suport facility Go
T-
CD
35 associated with a mooring field as an accessory use associated with the Wreckers Cay
36 project within the RH FLUM and UR Zoning District. C
37 7. All new residential units developed within the Stock Island Workforce Subarea 1 shall be E
38 subject to the ROGO permit allocation system.
39 8. The protest procedures set forth within Sec. 102-158(d)(8) are aplicable to aplications
40 submitted under this Policy 111.1.1.
Ord -2019 Page 6 of 8
File 2018-120
Packet Pg. 2155
Q.5.d
Exhibit "A" to Transmittal Resolution
1 9. A development agreement shall be required for any proposed development of an affordable
2 housing project within the Stock Island Workforce Subarea 1 to define the income category
3 distribution for the proposed development.
4 10. All new affordable units developed within the Stock Island Workforce Subarea 1 shall
5 require occupants to derive at least seventy_percent(70%) of their household income from E
6 gainful employment in Monroe County_
7 11. The boundary for the Stock Island Workforce Subarea 1 is legally described as: <provide 0.
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8 full legal description of the subarea> E
9 to
10 <insert map>
11
12 12. The affordable units shall be rental units only.
13 13. The Eighty (80) market rate dwelling units mnay be transferred to IS and/or URM zoning �
14 districts and may not be used for rentals less than 28 days.
15
16 ** '
17
18 Section 2. Severability. If any section, subsection, sentence, clause, item, change, or
19 provision of this ordinance is held invalid, the remainder of this ordinance shall not
20 be affected by such validity. to
21
22 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in
23 conflict with this ordinance are hereby repealed tQ the extent of said conflict.
24
25 Section 4. Transmittal. This ordinance shall be transmitted by the Director of Planning to the
26 State Land Planning.Agency pursuant to Chapter 163 and 380, Florida Statutes. `2
27
28 Section 5. Filing and Effective Date. This ordinance shall be filed in the Office of the
29 Secretary o the State Florida but shall not become effective until a notice is `-
f
30 issued by the State Land Planning Agency or Administration Commission finding
i
31 the amendment in compliance with Chapter 163, Florida Statutes and after any
32 applicable challenges have been resolved.
33
34 Section 6. Inclusion in the Comprehensive Plan. The text amendment shall be incorporated CD i
35 in the Monroe County Comprehensive Plan. The numbering of the foregoing
36 amendment may be renumbered to conform to the numbering in the Monroe County T-
CD
37 Comprehensive Plan. 04
38 a
39
40 THIS SPACE INTENTIONALLY LEFT BLANK
41
42 SIGNATURES ON FOLLOWING PAGE
Ord -2019 Page 7 of 8
File 2018-120
Packet Pg. 2156
Q.5.d
Exhibit "A" to Transmittal Resolution
1 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
2 at a regular meeting held on the day of
3
4 Mayor Sylvia Murphy, District 5
5 Mayor Pro Tem Danny L. Kolhage, District 1
6 Commissioner Michelle Coldiron, District 2
7 Commissioner Heather Carruthers, District 3 r-
8 Commissioner David Rice, District 4 CL
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9 E
10 BOARD OF COUNTY COMMISSIONERS U
11 OF MONROE COUNTY, FLORIDA
12 CL
13 BY
14 Mayor Sylvia Murphy
15 (SEAL)
co
16
17 ATTEST: KEVIN MADOK, CLERK
18
19
20 DEPUTY CLERK 0
21
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Ord -2019 Page 8 of 8
File 2018-120
Packet Pg. 2157
Q.5.e
County of MOIlI'Oe /' q BOARD OF COUNTY COMMISSIONERS
lrl sus' �'. Mayor Sylvia J.Murphy,District 5
am_ Mayor Pro Tern Danny L.Kolhage,District 1
-Me Ylle Florida Keys � � � ���U���� �� Michelle Coldiron,District
Heather Carruthers,District 3
a David Rice,District 4
Robert B.Shillinger,County Attorney—
Pedro J.Mercado,Assistant County Attorney** Office of the County Attorney
Cynthia L.Hall,Assistant County Attorney** 1111 12'Street,Suite 408 E
Christine Limbert-Barrows,Assistant County Attorney** Key West,FL 33040
Derek V.Howard,Assistant County Attorney** (305)292-3470—Phone
Steven T.Williams,Assistant County Attorney** (305)292-3516—Fax
Peter H.Morris,Assistant County Attorney** L
Patricia Fables,Assistant County Attorney
Chris Ambrosio,Assistant County Attorney** 0
Paunece Scull,Assistant County Attorney
**Board Certified in City,County&Local Govt.Law .2
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August 6, 2019 2
Cheryl Cioffari
Acting Senior Director
Monroe County Planning & Environmental Resources Department
2798 Overseas Highway
Marathon, Florida 33050 0
Re: Laurel Avenue Rizht-ofWay and TIITF Certificate for Filled Lands
U)
Dear Senior Director Cioffari:
I am enclosing the August 5, 2019, memorandum of law of Adele Virginia Stones, Esq., expanding
the scope of Ms. Stones's initial inquiry and resulting opinion letter of December 9, 2014, that
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addressed the question of ownership of the dredged material (fill)which forms the peninsula of R
land (the"peninsula land" or the "subject property")which lies to the east of the Laurel Avenue 00i
terminus on Stock Island, Monroe County, Florida, beyond the platted Laurel Avenue right-of-
way. The enclosed memorandum reaffirms Ms. Stones's December 2014 legal opinion that
Monroe County has no title ownership interest in the peninsula land, and opines that the County 0i
may apply to the Board of Trustees for the Internal Improvement Trust Fund (the "State")' for a E
Certificate documenting the waterward boundary of the Laurel Avenue right-of-way so as to
enable the State to disclaim State ownership of any qualified, artificially filled bay-bottom meeting U�
the requirements of Section 253.12, et seq.2
On April 17, 2019, the Monroe County Board of County Commissioners (the"BOCC") 06
unanimously approved a motion to table Item P.3, entitled, in pertinent part, as "[a]pproval of a
resolution renouncing and disclaiming any right of the County and the public in and to the right-of-
way of a portion of Laurel Avenue in Maloney's Subdivision of Stock Island," until a
Development Agreement anticipated for the adjoining parcel to the south of the subject-right-of-
way is presented to the BOCC.
A public hearing is scheduled for the BOCC's upcoming regular August 21, 2019, meeting, to
consider a proposed Ordinance seeking to amend the Monroe County Comprehensive Plan by
amending Comprehensive Plan Policy 101.5.25 to allow for a density bonus for site-specific
policies, creating Goal 111 and Objective 111.1 to incentivize affordable housing on Stock Island,
r In the interest of technical clarity,as the State of Florida Department of Environmental Protection("FDEP")serves as
staff to the Board of Trustees for the Internal Improvement Trust fund,such an application would be submitted to FDEP.
2 Such FDEP Certificates neither constitute a real property deed in favor of one party or another, nor c
ownership of the real property to which they refer to any party. I Packet Pg. 2158
Q.5.e
creating Policy 111.1.1 ("Stock Island Workforce Subarea 1"), establishing the boundary of Stock
Island Workforce Subarea 1, limiting the permitted uses of the subarea to deed-restricted
affordable housing dwelling units, establishing the maximum net density for affordable housing,
height, and off-street parking requirements in the subarea, and eliminating allocated density and
floor area for properties located at 6325 First Street, 6125 Second Street, and 5700 Laurel Avenue
on Stock Island as proposed by Wreckers Cay Apartments at Stock Island, LLC.
The enclosed memorandum ties together with the foregoing August 21, 2019, BOCC agenda item
in that the land area subject to the above-referenced Comprehensive Plan text amendment shall
increase or decrease depending upon whether or not the peninsula land forming the object of Ms. E
Stones's analyses and conclusions is ultimately made subject to an approved road abandonment or �s
a public easement claim.
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Yours truly,
IS/Peter H. Morris
Peter H. Morris, Esq.
Enclosure
cc: Assistant County Administrator Christine Hurley
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OROPEZA
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CARDENAS
A T T O R N E Y S A T L A W
t"1IR .xORY S. 011"CC)P ZA AIDF11. AllRGINHA SK)N [ l 479!`+AIN) f,v7 CAV D11 N'IAS,
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August S, 2019
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Robert B. Shillin er, Monroe County ty Attorney 2
Monroe County ty Atto ey@s Office
1111 12th Street, Suite 40 (n
Ivey West, FL 33040
Laurel Avenue lR roht-ofm_ �y and TII
, ,�...._.� .. _-._.. TF Certificate for Filled Lands �
0
Dear Mr. Shilliner:
�s
You have asked that I expand on the scope of the initial inquiry and resulting opinion letter that
as requested by you and contained in my letter of December 9, 2014. I was asked to render an 0
opinion as to the ownership of the dredged material (fill) which forms the peninsula.("peninsula
land") which lies to the east of the Laurel Avenue terminus, located on Stock Island, Monroe
County,ty, Florida, as it relates to the Laurel Avenue right-of-way and public access to open water.
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00
Based upon my review of the law,the known facts and existing documents, in the context of the 1
scope of inquiry directed at that time, there was no record evidence to establish or support the
idea that the subject peninsula land was dedicated as public right-of-way, accepted as a right-of 1
way, or maintained by the County continuously for greater than four(4) years as required to 01
establish a right-of-way as a matter of law. Sec Florida Statute § 95.361(1). Moreover, Monroe
County has no current ownership interest' in the peninsula land lying;east of the platted Laurel 0
Avenue right-of-way. However,the purpose of this letter is to address Monroe C:ounty's 21
eligibility to apply for and receive a Certificate from the State of Florida-Department of
Environmental Protection FDEP)redefining the waterward boundary
y of the Laurel.Avenue
right-of-way resulting in the extension of the Laurel Avenue right-of-way, including public06
access to the water lying below the mean high-water line as established by the process set forth
in Chapter 23, Florida Statutes. 1
Monroe County holds the Laurel Avenue right-of-way in trust for the public,pursuant to the
�s
recorded plat and common law of dedication. The platted right-of-way terminus located at the
high water line oft e eastern shoreline extant at date of plat (1911)renders Monroe County as a 0
holder in trust, an upland riparian property"owner". As such., Monroe County is eligible to apply �
For purposes of this memorandum,"ownership"should be understood as synonymous with the to "title
ownership."
1 of 2
TIILLI,M) s,JE ;105 294. 02,92 i FAX 305,294,5788 CO Packet Pg. 2160
Robert Shillinger, County Attorney
Monroe County Attorney's Office
August 5,2019
Page 2
........ ... ..................................
E
for and is likely to receive a Certificate from the Trustee of the Internal Improvement Trust Fund
of the State of Florida, ("TIITF") which redefines the waterward boundary of the Laurel Avenue
right-of-way. The Certificate is not a deed, nor does it convey ownership. The purpose of the
Certificate is to disclaim State ownership of any(qualified) artificially filled bay-bottom meeting E
0
the requirements of Florida Statutes Chapter 253.12, et seq.
.2
I hope this clarifies the option available to Monroe County should it desire to pursue said 0
a.
extension of Laurel Avenue in order to hold same in trust for the public access across the
peninsula land to the open water.
Sincerely yours,
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Adele V. Stones, Esq.
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c: P. Morris.
Document List®
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1) McDonalds 1910 Plat of Stock Island Lots, recorded at Plat Book 1,page 55, of the R
00
Public Records of Monroe County, Florida
2) Trustees of the Internal Improvement Fund of the State of Florida(TIFF) Deed No.
19962 dated January 2, 1952
4-
3) Trustees of the Internal Improvement Fund of the State of Florida(TIFF) Deed No. 0
22143 dated December 18, 1963 0
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4) Phillips & Trice Sketch to Fill Application for Block 32 dated October 10, 1971 02
5) Phillips & Trice Sketch to Dredge & Fill Application for Block 23 dated October 11, U)
1971
6) R.E. Reece survey dated July 16,2009, Legal Description for Proposed Road
Abandonment
7) E-mail exchange between Assistant County Attorney Susan Grimsley and Monroe
County Public Works Staff dated April 2, 2014
8) Letter dated June 6, 2014 from Rod A. Maddox, Florida Department of Environmental
Protection regarding ownership of fill placed wate of Laurel Avenue right-of-way
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adtant to a part; or Uoek 27 of a plat of ■Steak I a sub•
division of Owerm�b Lots 1* 2 6* section 3'�e e
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north line or But Latirel Avamose for a diattaaae of 3w root, more or
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insf w des 1 , BUS4 point or begi:aiag balm an the aline or
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along the smrt9n. line or Seat JLeorel Awo we to for a
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a athouteriy VAL01.O .Var flue of Ti. S. Rupinew to. l foo a
t"GO Of 9W feet* more or lasso bank, to the sh aline; theme mundw 0
the eboreZine JA O SOUthosatedy direstiaat for a dWAWS or 1?0 feet*
MPG or Zees* book to the point orb * 4.3 e,
more or less* and 3zIM and being !a 67 South, a 25
Vast, VAn ne County* Florida.
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Sent ttoo Fuller Warren
Nwzond O• Rawarro aow.a�
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December 7th, 1952 OMAMU
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IFiu° immnm Hms9ey- u,usan [tea,ir nalley- uuisan@a°nonroeccu ni.y- .. a„uv]
Sent: Wednesday,August 13, 2014 4:48 IP
0. t""dun°nny Stones( utuuuy k,eysuawnet) �
Subject: IFW: u_aume9 Avenue
Attachtnents: ha e 03.ppa ,; irnarg,e00 .jp ti ha¢e006.jr
See Ib0ovu IL
Susan Gmt sNey„Asst. County Attorney �s
I I I I 1 th Street, Sufte.408 �
Key West„tw'1,,,. 0
3052923616(fax.) IL
CITYNTY.m ..
ara'ttu�roui Telephone�II�QY5.299.;a'vd,0
VERNMENT LAW G®
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Beata: Wednesday,nesday,April 02, 2014 ,t 1 PM
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SuV�,lll ct.m wd: Laurel Avenue
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Sul ject,: RE: La null Avenue -
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Hel110 Susan,
I have sorne tnfrr una:tiaann on laurel. avenue.The, no.w. is 15 feiat each wa.y f.rom the center i
line A.nd our n o gpaues past the avr Anna gut about 3 fclrt Tdue no dumping signs and nine button U)
signs were requested y the s�uayutff'au auk .c auia,t f'Or mn?naintenarice we ,sweep the road �weed eat the 0
fence line and o shoulder work-..The efu.a un was not pint tip by Monroe coun:>ru.ty. (s
Marty J. °hank, Supervisor
Monroe County Road Department �
358.E South Roosevelt Blvd.
Key"West, FL 33040
(305)2 5- & 3 �
...� u u » uuu r� w ww ajlt ,slag u uunu w��uarbvnroe ou.uu�
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Help us help yow Please take a uuunom gut Nun complete our customer satisfactionsurvey-,
//z aw.uuar()eco ,,v,irtnu t lialt ru—' y _m"�a�"eb es/css
Youuup iun anrtau'nt tag uns!I t'tease'N'lote; Florida has, a very br.oad records lavv. Most
W, t,teun conununications to or fion°nu the county regarding count, business are public records
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Packet Pg. 2175
available to the public and media,upon.request. Your e-mail conversations may be subject to
public disclosure.
From: Pierce-.Dent
Sent: Dims&"y,ApnI 01,2014 2:36 PM
To: Slavik-Marty E
Cc: Leto-Beth; Clarke-Aidith
SOject. FW: Latirel Avenue IL
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Please respond to the maintenance question and any other information. Thanks 0
Dent Pierce
Public Works Director (n
I 100 Simonton St,, Rrri. 2 231
Key'West,FL 33040
Office: 305 291 4560 0
Fax: 305-292-45,58
0
pierce-de t��m.onroecou fI_gL.)y
pjqp e denL(
ors
[First to Respond. Monroe Cour-fty Public Works I.,ast to Leave]
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From, GrinaslleySusan
Sent: Tuesday, April 01, 2014 2.31 PM
To:Pierce,Dent
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Cc- (.,'11arke Judifl-ii 0
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Subjecv Laurel Avenue E
Ille east end of Izurel dead ends between Miarray Marine and the mobile home puk. . U)
Can you tell me ho),)r wide our RM is? Does it stqp where tlie pavernerit,stops? 0
Axe the no duinping signs and chain.the county's or were they put up privately? (n
06
What about rnaintenance? Have we ever gone Further than the paverrient?
Any information would be appreciated.
0
[Des(.;niption. Description: Description: Description: City Counry-Loea[GovI,]Susa.n Gr""Sley,
Asst. COUnty Attomey
1.11 I 12th Street, Suile 4.08
E
Key West, FL 33040
305.2923470 2
305.292.3516 (I`b)
Marathon"Felephone 305.2892500
2
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ATTACHMENT 8
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I
RICK SCOTT
AoRmAREPARTmw oF GOVERNOR
ENVMONWNTAL PROTiCnON CARLOSLOPEZ-CANTERA
LT.GOVERNOR
�, EEe HERSCHEL T.VINYARD M
OR A 2399-30 SECRETARY E
June 6,2014
RECEIVED E
U
Susan Grimsley,Assistant County Attorney JUN 1. 12014 �
Monroe County d ONROE CO➢NTY ATTOFINEy
Key 1111 � Site 4
West.,Florida 330
Dear Ms. ley.
Rea Laurel Avenue Spit,Stack Island;Monroe County
This is in response to your request for a letter that addresses what interest the Board o
Trustees of the Internal Improvement Trust Fund has in a spit of land lying riparian to
Laurel Avenue. The spit is located in Section ,Township 67 South,Range 25 East �
BoardofTrustees records currently on file in our office indicate lands lyingto the north
d to-the south of the extended right-of-way ® es of Lmirel Avenue into Boca Chica �
Channel re convey y d of Trustees Nos. 19962 143(3 - )° 2
Records indicate the fill was placed to and of the road right-of-way prior to July 1, .�
1975. Therefore,pursuant to Chapter 253®12( )&(10),FloridaStatues,the filled lands
may not be state owned if all other criteria of the statute are met. Copies of the `O
referenced documents are enclosed for your information. 00
3
Iftlris office can be of any ftuther assistance regarding this determination,please address
g yourquestions Melanie pp, Government Operations o ..t 11, ail ®on o° i
108 at the above letterhead address,or by telephone at(850) 4 -2 01.
Sincerely,
Rod A.Maddox,PSM,Programana ;,er �
Office of Survey and Mapping
Division of State Lands �i
enclosures
f P»k ➢314-4�La l Av'e Spitg c➢c Is➢snd.doc ➢ 4y�_SPit-stack Island.docx
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www.dep.state,,f1.us
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� µ eed Nos 19962 &22143(34144) at Laurel Ave. -Stock Island
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24°84 4. NX"4"Nqa le N:3, 9w3 24 44"d 43'40,4036*
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low
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DEW .V _
IKNUW ALL MEN BY TAM ® 0
limapacyorq=tIve, .+ .. ..
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to than in hand"mCL
pinedbar RAD�tdt� �n�.unto the d. E
and sold,and do'by these yacaeants�.l+ergala.sell and h18 sad saedgne.the U
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'I of bay bottom land In the Straits Of AUrlds east CC and .2
puree 0
Ivision of tkwernment late IN i 4; and • SOCUOU 35o
action +
an jn TovAmbip 67 South, Eaug@ PS East an Stock Island
nree County& p2opids. and, recorded in Plat Back Is At Page 55p
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said point or beginiUM be an the shoreline or 0 Jtraits of Florldag from said pDlnt of b= continue east
janq the morta line of East LeurdL Avenues extends& owts for, a aU- 0
wwo of 800 feet to a point, thence at right angles and north fw 0
distance of 290 rents more or loss, to the Southeasterly r4ftt-or-
• i thence run BoUthwastwly aloas tile �3
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ceIons, back to the shorelines theme meander
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testsshoreline in a coutfteaskarly direction for a distance of 170
re or i back to the point of begInnifige, containIft 4j agrees
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Got, Ronroe county, norlda.
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ini .... ® --Acres, man or lm%and bftff Q
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TO HAVE AND TO HOLD the above granted and described premises foreva.
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of ntft an i ti t land,xuay be la,an or under*a above doweirlbed I
the
OTMR RESERVATIONS:
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thAr ad and bave caused the
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t ■-
is AMAVZ� A.D. Nineteen Hundred
Sent to ®�®1 r )Ray-i'and j. Navarro �I
Governor
Key Cr Florida 0
4j
Edwin Larson r_
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Richardt
mathan, [bra
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As and 3111�
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DEED NO. 2 143 (34.I"-44)
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'.j'.K..N0W
sat . of Mosida, under authority of law, for and in tow9deration of the
Te and 00/100 Dollars and other good and valuable considerations,_
to bera in hRnd paid'by.,
ffkn q i47t$ _.��l ri _ _.e e h 've t 1f e 111 GSA.., ,... .._....,...m..�.. ..... .�,M.,,._...IT.. ......
ined d add, resents grant, bugain,wfl and convey,unto the
......_
�011 ing d lands,,taa wit:
2
A parcel of submerged land in Boca Chica Channel adjacent
to 0overnent, 'Lot 2,q section 31, Township 67 South, Range
25 East, Stock Island, Monroe County, Florida, and more �
particularly ulariy described as follows-
From rom the Northwest Corner of Block 32, according to plat
titled 'All Lots 1, 2, 3, 5, 6, Section 35; Lot; 2, Section
36; Lot 3, Section .26, Lot 2, Section 34, STOCK I
'Township 67 South, :Range 25 East", as recorded in Flat �
Book 1, Page 55, official Records of Monroe County, Florida#
go easterly along the north ,I.i.ne.of said Block 32, a dis-
tance of 360 feet, more or less, -to a point on the shoreline
of Boca ChicaChannel, which point is the Point of BeginningB �
thence continue easterly along he sane line extended into
he waters of Boca Chica Channel a distance of 800 feet to
s point; thence at might angles and southerly s distance of �
250 feet toe point in the South Tine of said Block 32 U
extended, thence at rights angles and Westerly along said
South line extended a distance of 540 feet„ more or less„ �
back to the shoreline„ thence meander the shoreline in s �
northwesterl.Y direction a distance of 370 feet, more or less,
back to the Point of Beginning;
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3.70 .......m Haas or d I
na .I.M.raq r,._ _ _......-. _,_ _.._....... _ ....._.7 a ..w __ .
eas tr uaag in the County aL.,_ _ Monroe ......_..a in. id State of lwi �
TO d3 the above
gmzted
and
d..__» premizes forever.
ovament Fund of the state 4-
of '�"Iarnda, wad th " trifle asavdivU fay rot all phosphate, inhwah cased
d ¢agile to in undivid ed all petroknan that may be in, an on undiT the above de=flmd land,
with the privilege d deydop
UrRER RESERVATIONS- None
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IN d O OP, the mid 71notwo bAve bennmto syAwribed their d afitim
th d have the of DPI. F A ICUL 'q OF k TA . or
IDA to be-heramto affixed,at the Cepxat4t in the City of T q an this the 06
of 6
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A. D. Ninelan Hand, on Ai -three
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p EPAR hMNT OF AGRICULTEM coaaauntjn9 maarot aRaaa7a -.�d D
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TRUSMES THE FUNDO B STA OF FUIRMA0
Packet Pg. 2182
Security First Insurance-
POLICY PROCESSING CENTER:
P.O.BOX 628336 Invoice
ORLANDO,FL 32862-8336
08/01/2019
POLICY TYPE:DF3 DL E
POLICY NUMBER:P004639641
POLICY EFFECTIVE DATE:08/12f2019 12:01 AM
POLICY EXPIRATION DATE:0811212020 12:01 AM
INSURED INFORMATION: 0
DAVID GABOREK E
490 S Lyman Ave DAVID GABOREK L)
Des Plaines,IL 60016-4822 52 Golf Club Dr >%
Key West,FL 33040-4382 .2
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Dear DAVID GABOREK, Q.
Thank you for insuring your home with us.We appreciate your business and look forward to serving your
insurance needs for years to come.A payment is due on your policy.Your lie r has been billed and we
provided the following payment information.You are not required tot any action at this time.This 'a
invoice is for informational purposes only.
If you no that your mortgage company will not be issuing a payment, please submit a check or money order 0
with the form below. You may also make a payment over the phone by calling (877) 333-9992. To make an online
payment and view billing history, please log into our online customer portal, My Security First. For more 0
information, visit SecurityFirstFlorida.com/payment.
Current Term Balance Due: $653.00
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Due Date: 08/1212019
Payment Plan: Annual
If mailing an overnight payment via FedEx or UPS, please send to this address:
Attn: Lockbox#628336, 102 W. Pineloch Ave. Suite 18, Orlando, FL 32806-6100 LO
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-—----------------------------------- Please detach and submit this portion with your payment ------------------------------------------- r_
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...................................... ............................................... ..................
Policy Number: P004639641 Named Insured: DAVID GABOREK 0(n
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..........
0811212019 Balance Due: _j Payment must be received by
Total Payment Enclosed:
................—-----
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Make Check Payable to Security First Insurance
Security First Insurance PO Box 628336
Orlando, FL 32862-8336
P00463964100000653003363
Packet Pg. 2183
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Wright National Flood Insurance Company
k1114' A.Stock Company
'WRIGHT PO Box 33003
St.Petersburg,FL,33733
Hood Office: 4 .S2 .32 2
Fax® 800.850.3299
�J DAVID GABOREK� 08/12/2019 $, 12 Months 0911
5187896300
CYNTHIA FOSCO
IL
Agency Number ��� 736015 � � ' Mang Address 490 S LYMAN AV � rn �
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Agency SELLERS INSURANCE LLC DES PLAINES,IL 60016-4822
Address 27223 OVERSEAS ffiVY Property Address 52 GOLF CLUB R
RAMROD KEY,FL 33042 KEY WEST,FL 33040-4382 2
Phone Number 305.517.6452 Phone Number 847.322.8419 IL
Payment Method Check
Payer Lender
Transaction Date 08/01/2019
Amount Paid $1,191.00
Check Number TBD
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DBA KELLER MORTGAGE
4725 LAKEHURST CT STE 400
DUBLIN,OH 43016-2251
Loan Number:01021117114189 19
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Lender Type:First Mortgagee
LenderInterest:Building Only
Lender Clase(s):ISAOA .d
Bill To Lender?:Yes
/
THIS IS NOT AN OFFER FOR ENDORSEMENT.THIS QUOTE IS NON-FIRM AND NON-BINDING AND SUBJECT TO REVIEW AND 06
ADJUSTMENT. NC AS COVERAGE DOES NOT EXIST TNT PAYMENT OF TOTAL PREMIUM IS RECEIVED BY WRIGHT
NATIONAL FLOOD INSURANCE COMPANY AND THE WAITING PERIOD HASC N A ION
CHECKLIST
(additional items,not indicated below,may be required)
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N COVERAGE UNTIL T PAYMENT F A S RECEIVED AND THE WAITING PERIOD HAS EXPIRED.
Notice:This policy is not subject to cancellation for reasons other than t ose set forth in the National Flood Insurance Program rules and
regulations°In matters involving billing disputes,cancellation is not available other than for billing processing error or fraud.
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Packet Pg. 2184
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STONES & CARDENAS
ATTORNEYS AT LAW
221 SIMONTON STREET,KEY WEST,EL 33040
TELEPHONE(305) 294-0252 FAX(305) 292-5442
W W W.StON ESCARD E NAS.COM
ADELE VIRGINIA STONES, P.A. SUSAN M. CARDENAS, P.A.
E
,December 9, 2014 �s
2
RECEIVED
IL
Robert Shillinger, County Attorney C
2014
Monroe County Attorney's Office Mot4fjoE COJNTY ATTORKY
1111 12th Street, Suite 408
Key West, FL 33040
a
RE: Laurel Avenue Roadway and Ownership of Filled Lands
0
Dear Mr. Shillinger:
U)
As a matter integral to the pending application for abandonment of the Laurel Avenue right-of- a�
way east of Second Street, I have been asked to render an opinion as to the ownership of the
dredged material (fill) which forms the peninsula("peninsula land") which lies to the east of the
Laurel Avenue terminus, located on Stock Island, Monroe County, Florida, as it related,to the
Laurel Avenue right-of-way and public access to open water. L
00
Based upon my review of the documents, listed in date order below, I am of the opinion that i
Monroe County ("County") is not the owner of any record or title interest in the peninsula land.
Despite the speculation that the peninsula land constitutes an extension of the Laurel Avenue 4-1
right-of-way, there is no record evidence to establish or support the idea that the peninsula land ei
was dedicated as public right-of-way, accepted as a right-of-way, or maintained by the County
continuously for greater than four (4) years to establish a right-of-way as a matter of law(Florida
i
Statute §95.361(1). a
According to research conducted by Rod A. Maddox of the Florida Department of
Environmental Protection(copy attached), the land beneath the dredged fill peninsula was
formerly sovereign state baybottom. Because the fill material was placed on the sovereign
baybottom prior to July 1, 1975 the State no longer claims an interest in that land. By law,the
lands are considered private property,with ownership granted,tothe landowner(s)having record
or other title to all or aportion of the lands immediately upland thereof(Florida Statute ?
§253.12(9).
j In the instance of the peninsula land proximately abutting the eastern terminus of Laurel Avenue,
there is no owner of"record or other title" of the immediate upland. Monroe County holds the
Laurel Avenue right-of-way in trust for the public, pursuant to the recorded plat and common
Packet Pg. 2185
Q.5.e
Robert Shillinger, County Attorney
Monroe County Attorney's Office
December 9, 2014
Page 2
law of dedication. Further to those facts and contrary to indicia of ownership, Monroe County
has not claimed any interest or control over the peninsula, nor taken any action to improve the
property or maintain same so as to constitute a common law dedication as a public right-of-way
(see County e-mail exchange dated April 2, 2014).
�s
The purpose of this letter is to disclaim any ownership of the peninsula land by Monroe County, 2
Florida. This letter is not intended and in no way serves to make a determination of ownership a.
as between the Laurel Avenue abutters as apparent adjacent upland owners to the filled lands.
The County cannot determine ownership of land as between two or more claimants. The upland
landowner(s) abutting the Laurel Avenue platted right-of-way presumptively have the right to W
claim ownership of the filled lands constituting the peninsula, as provided for pursuant to Florida
Statute §253.12(9) by making application to the Board of Trustees for a recordable Certificate.
As of this writing, the Trustees of the Internal Improvement Trust Fund (TIITF) has issued no
recordable document setting forth a legally described fill parcel, or Certificate evincing
ownership in any private party of the peninsula land.
Accordingly, it being my opinion that Monroe County has no legal or equitable ownership U)
interest in the peninsula land, the abandonment of the Laurel Avenue right-of-way will not
violate Monroe County Code Section 19-1(2)&(3) governing criteria for right-of-way
abandonment.
Please feel free to contact me if you require further explanation or documentation of the opinion LO
as to ownership. 00
i
3
Sincerely Yours,
J 0�
E
Adele V. Stones a�
AVS/cros U)i
c: S. Williams
06
Document List:
1) McDonalds 1910 Plat of Stock Island Lots, recorded at Plat Book 1, page 55, of the
Public Records of Monroe County, Florida
2) Trustees of the Internal Improvement Fund of the State of Florida(TIFF) Deed No.
19962 dated January 2, 1952
3) Trustees of the Internal Improvement Fund of the State of Florida(TIFF) Deed No.
22143 dated December 18, 1963
4) Phillips & Trice Sketch to Fill Application for Block 32 dated October 10, 1971
Packet Pg. 2186
Q.5.e
Robert Shillinger, County Attorney
Monroe County Attorney's Office
December 9, 2014
Page 3
5) Phillips &Trice Sketch to Dredge & Fill Application for Block 23 dated October 11,
1971
6) R.E. Reece survey dated July 16, 2009, Legal Description for Proposed Road
Abandonment
7) E-mail exchange between Assistant County Attorney Susan Grimsley and Monroe
County Public Works Staff dated April 2, 2014
8) Letter dated June 6, 2014 from Rod A. Maddox, Florida Department of Environmental a.
Protection regarding ownership of fill placed waterward of Laurel Avenue right-of-way
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Packet Pg. 2187
Q.5.e
Y
FORK"I 1jj�'jp e��t
etbr1toten of
of of Na w
DEED NO.
19962
KNOW ALL MEN BY THESE PRESENT'S* That the undaradgaed,the Trust=of the Inteesel Im-
provement Fusin of the State of Florida,under authority of law,for and in conaWaestior of the sum
Six Hundred Fort Iva and 00/100 - - ft ("45.00) IL
DOLL,ARB,to them in hand paid by emus ND Q_ RAVAR>ae CL
of the County of Idonraa Stated have ematek
bargained and said,and do by those presents grant,borsahe,n11 and envoy.unto tha said
_ RAYMOND 0. NAVAM and. his hdn and assign,the
a
faBowins described lands,to-wit:
IL
A parcel of bay bottom land in the Straits of Florida, east of sail �
adjacent to a part of Block 23 of a plat of 'Stock Island' a sub-
division of Government Lets 1, 2 3, 500
aml b, section 35, fl;Wnmaa►t
Los 2, section 36a aowernssnt Les 3s Seetioa 26 and tie»exameat tot 20
Section 34, all in Tlomahip 67 South, Range 25 hart on Stook Island �s
Monroe County„ Florida and raeeorded in Plat Hook 1, At Page 55, Public.
Records of Monroe Colmty, Florida, and more particularly described as �
followat Commencing at the intersection of the east line of Second
Street and the north line-of zest Laurel Avenue, run east along the
north line of East Laurel Avenue for a distance of 320 foot, more or
leas, to the point of beginning of the parcel of baby bottom lash here-
inafter described, said point of beginning be(ogan the eehoreliae of 0
the straits of 01cridal moss said point of beg Si alft continua east
along the north line of mast Leural Aventte, "tended seat, for a din-
tance of 800 feet to a point; thence at right angles and north for
a distance of 290 feet, more or less, to the southeasterly right-of-
nay line of D. S. Highway No. 11 thence run southwesterly al the
ao utheasterly rightoof-wady line of U. S. Highway No. 1 for a dia- �
tance of 900 feet, more or leis, back to the ahoreline; thence 4ee01dor
the shoreline in a southeasterly direction for a distance of 170 feet;
more or less, back to the point of beglnaingi containing 4.3 acres#
more or lose, and lying and be in ibamshite 67 South* Rands 25
Beat, Monroe County, Florida.
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00
caalailsin 4.3 I
IIIGt4 tlr deb,and iyiLa'
and being In the County ot._ lioret�oe in said State at Florida. �
TO HAVE AND TO'HOLD the above granted and deauthed p eten toaevar. 1
SAVING AND RESERVING unto the said Trustaea ad the Internal Improvement Fund of the State 1
of Florida, and their suceessors, title to an undivided thrsedourtha of aR phosphate,minerals and mebo*
and t1do to an
with the prlvftegeu W�mine evel�P that may be W,as ar under the above devereed Lad►
OTHER RESERVATIONS:
U)
(None)
IN TESTnIONY WHEREOF, the said Trustees have bereunto subscribed their names and &Ubmd
their seal and have caused the seal of TER DEPART151301T OF AGRICULTUn OF THE STATE OF 06
FLORIDA to be hereunto affixed, at the Capitol, in the City at Tagahassee,as this the_..2DAa._day of
Js nuary Fifty-two
—.—.� A. D. Nineteen 8uedred cud_.
Sent to Fuller Warren 1
Raymond O. Navarro (BEAL)
Key best, Florida C. M. Gay UDecember 7th, 1952 (SEAL) ..
cumpbova
(SEAL) J. Edwin Larson �. r_
TRtIST'RES L I. FUND ( }
Richard W. Ervin
-- Aswesn Qnrni (SEAL)
Nathan Kayo
(SEAL)
OF AGRICULTURE _ coa�ooa:01 Mee Composing
—t$�)
TRU8TPE8 OF THE iAs&ad Rr iAL nUWVMMNT
FUND OF THE BrAT8 OF F14MA
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roam a-n
�31t+er:uti =FWU=WU Ant
MD Kp 22143 341-44) �
IM M ALL MW BY T$M POB8$KlYlt That dr wtdatai�asd,the Ttashtea et the IsUseal laFIL
poeremmd Fund of the stab at Rlactds►undw adbhodty of bar, lar and is aoaddaamion at the atee at91
Tea and 00/100 Dollars, and *that good and valuable considerations
to tbsm to head paid by L. PI)YLOR and POW 4 ph=M. his wii fa^, U
of dte Coeoty at ttonroe Sid,at Eloucidaknell
bupdsed and sold.and do by dame-mos r plink bargahh all ad amwy,onto*0"M �BAROLD L 0
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A parcel of achmarged land in Soaa Chica Channel adjacant
to Qovarmsept Lot 2, Section 3S, Township 67 South, Stange
25 East, Stock Island, Monroe County, Florida, and more
particularly described as folloxst
Prom the brortbMat Corner of Block 32, according to plat M
titled •All Lots 1, 2, 3, 5, 6, Section 351 Lot 2, Section °
36r Lot 3, section 261 Lot 2, Section 34, VNM 3:SI.%Ws
Township 67 south, Range 25 Bast*. as recorded in Flat
Hook 1, Page 55, Official Records of Xonros County, Florida, it
go easterly along the north line of said Block 32, a dis- O
tance of 360 feet, moss or less, to a point an the shoreline
of Boca Chica Channel, which point is the Point of Beginnings >%
thence continue easterly along the same line extended into
the waters of Boca Chica Channel a distance of S00 foot to
a point,, thence at right angles and southerly a distance of
250 feet to a point in the South line of said Block 32
extendedr thence at right angles and Masterly :long said
scutU line extended a distan= of 540 feet, more or less,
back to the shoraliner thence meander the shoreline in a
northwesterly direction a dlstancs of 370 feet, more or less,
back to the point of Beginnings
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and behy is the tJaamly of Monroe ,Is add Saito at Fhdda.
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SAYING AND SLIMMING tuba do said Trudges of'tbs Istamd I�mseewmeat Fatd d BaNa I
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Ginny Stones
From: Grimsley-Susan [Grimsley-Susan@monroecounty-fl.gov]
Sent: Wednesday, August 13, 2014 4:48 PM
To: Ginny Stones (ginny@keyslaw.net)
Subject: FW: Laurel Avenue
Attachments: image003.png; image005Jpg; image006.jpg
See below 0.
QRrj}y Susan Grimsley, Asst. County Attorney
1111 12th Street, Suite 408
H Key West, FL 33040
305.292.3470
�'p —snn tig� 305.292.3516(fax)
Marathon Telephone 305.289.2500 �
1 CITY,COUNTY
&LOCAL
i GOVIINMENT LAW [
From: Clarke-Judith
Sent: Wednesday, April 02, 2014 1:21 PM
To: Grimsley-Susan
Subject: Fwd: Laurel Avenue
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Sent from my iPhone a
Begin forwarded message:
LO
From: "Slavik-Marty" <Slavik-Marty(&MonroeCount�FL.Gov> 00
To: "Pierce-Dent" <Pierce-Dent�7a MonroeCounty-FL.Gov> i
Cc: "Leto-Beth" <Leto-BethgMonroeCounty-FL.Gov>, "Clarke-Judith" <Clarke-
Judith monroecounty-fl.gov>
0
Subject: RE: Laurel Avenue
Hello Susan,
I have some Information on laurel avenue.The r.o.w. is 15 feet each way from the center
line.And our r.o.w. goes past the pavement about_3 feet .The no dumping signs and nine button
signs were requested by the sheriff's office and for maintenance we sweep the road ,weed eat the
06
fence line and do shoulder work.The chain was not put up by Monroe county.
i
Marty J. Slavik, Supervisor >
0
Monroe County Road Department
3583 South Roosevelt Blvd.
Key West, FL 33040
(305) 295-5193 0
slavik-martygmonroecounty-fl.gov<mailto•slavik-martyna monroecounty-fl. ov>
Help us help you: Please take a moment to complete our customer satisfaction survey:
http•//monroecofl virtualtownhall net/Pages/ManroeCoFL WebDacs/css
Your feedback is important to us! Please Note: Florida has a very broad records law. Most
written communications to or from the county regarding county business are public records
1 Packet Pg. 2192
Q.5.e
available to the public and media upon request. Your e-mail conversations may be subject to
public disclosure.
From: Pierce-Dent
Sent: Tuesday, April 01, 2014 2:36 PM
To: Slavik-Marty
Cc: Leto-Beth; Clarke-Judith
Subject: FW: Laurel Avenue a.
Marty,
Please respond to the maintenance question and any other information. Thanks
a.
Dent Pierce
Public Works Director
1100 Simonton St., Rm. 2-231
Key West, FL 33040 �®
0
Office: 305-292-4560
Fax: 305-292-4558
pierce-dentgmonroecounty-fl.gov<mailto tierce-dent�a monroecount�flov>
�s
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[First to Respond Monroe County Public Works Last to Leave]
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From: Grimsley-Susan
Sent: Tuesday, April 01, 2014 2:31 PM i
4-
To: Pierce-Dent 01
Cc: Clarke-Judith
Subject: Laurel Avenue
i
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The east end of Laurel dead ends between Murray Marine and the mobile home park .
Can you tell me how wide our ROW is? Does it stop where the pavement stops?
Are the no dumping signs and chain the county's or were they put up privately?
What about maintenance? Have we ever gone further than the pavement?
i
Any information would be appreciated.
U
[Description: Description: Description: Description: City-County-LocalGovt]Susan Grimsley,
Asst. County Attorney
1111 12th Street, Suite 408
Key West, FL 33040
305.292.3470
305.292.3516 (fax)
Marathon Telephone 305.289.2500
2 Packet Pg. 2193
Q.5.e
i
RICK SCOTT
FLORIDA DEPARTMENT OF GOVERNOR
ENVIRONMENTAL PROTECTION CARLOs LOPEZ-cANTERA
MARJORY STONEMAN DOUGLAS BUILDING LT.GOVERNOR
3900 COMMONWEALTH BOULEVARD
TALLAHASSEE,FLORIDA 32399-3000 HERSCHEL T.VINYARD M
SECRETARY
June 6,2014
0.
RECEIVED
0
Susan Grimsley,Assistant County Attorney UN 1 12014 0
Monroe County MONROE COUNTY ATTORNEY
1111 12"'Street, Suite 408
Key West,Florida 33040
Dear Ms. Grimsley:
I
Re: Laurel Avenue Spit, Stock Island; Monroe County
This is in response to your request for a letter that addresses what interest the Board of
Trustees of the Internal.Improvement Trust Fund has in a spit of land lying riparian to
Laurel Avenue. The spit is located in Section 35,Township 67 South,Range 25 East.
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Board.of Trustees records currently on file in our office indicate lands lying to the north
and to the south of the extended right-of-way lines of Laurel Avenue into Boca Chica
Channel were conveyed by Board of Trustees Deed Nos. 19962 and 22143(341-44).
Records indicate the fill was placed waterward of the road right-of-way prior to July 1,
1975. Therefore,pursuant to Chapter 253.12(9)&(10),Florida Statues,the filled lands LO
may not be state owned if all other criteria of the statute are met. Copies of the 00
referenced documents are enclosed for your information. 3�
If this office can be of any further assistance regarding this determination,please address
your questions to Melanie Knapp, Government Operations Consultant II,mail station No.
I 108 at the above letterhead address,or by telephone at(850)245-2801. E
Sincerely, i
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Rod A.Maddox,PSM,Program ger
Office of Survey and Mapping
Division of State Lands
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RAM/mjk
enclosures
j FMITLE\MELANIE11314-4\Laurel Ave Spit-Stock Island.docLaurel Ave_Spit-Stock Island.dom
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www.dep.statefl.us
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joeed Nos 19962 & 22143(341-44) at Laurel Ave. - Stock Island
24°34 .2548",-81°44'10.6487" Scale 1:3,343 24W32.8848",-81043'48.4935"
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.DEED NO 19962
KNOW ALL MEN BY THESE PRESENTS: That the undersigned, the Trustees of the Internal Im- C
propement Fund of the State of Florida, under authority of law, for and in consideration of the sum of
Six �i4tjdred Fortytfive and 00 GO — .- (4643.00)
DO ZARB,to them in hand paid by RAYAS ND G. HAVARRO C
of �lxe County of Moarae , State of Florida have granted,
barE amcd and sold,and do by these presents grant,bargain,sell and convey,unto the said_
RAYRO2~11) G. NAVARRO and his I+eirs and sasigm,the O
foll wing described Iands,to-wit:
�► parcel of bey bottom land in the Straits of Florida, east of and ca
V •StoPart
of
d,jacent to a Block 23 of a plat of
ck Island's asub— o
ivision of government Lots 1, 2, 3, 5 and 6, Section 35, Government
Est 2, Section 36, Government Lot 31 Section 26 and tovernment at 28
action 34, all in Township 67 South, Range 25 East of Stock Island, �
Monroe County, Florida and recorded in Plat Book 1, At Page 55, Public
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tecords of Monroe County, Florida„ and More particularly described as (n
ollows: Commencing at the intersection of the east line of Second
treet and the north line-of Bast Laurel Avenue, run east along the
#forth line of East Laurel Avenue for a distance of 320 feet, more or
eas, to the point of beginning of the parcel of bay bottom land here
after described, said point of beginning being; on the shoreline of
he straits of Florida; tram said point of beginaing continue east �
long the north line of East Laurel Avenue, extended east, for adie- o
Fake of 800 feet to a point; thence at right angles and north for
0i distance of 290 feet, more or less, to the southeasterly right-of-
dray line of U. S. Highway No. 1; thence run southwesterly along the (3
{so utileasterly right«of—way line of U. S. Highway 40. l for a disc o)
jtruice of 900 feet, more or less, back to the shoreline; thence meander
( h«: shoreline in a southeasterly direction for a distance of 170 feet,
more or less, back to the point of beginning, containing 4.3 acres•
pore or less, and lying and being in Township 67 South, Range 25
;East, i•lonroe County, Florida.
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containing-_. 4.3 ,.....acres, more or less, and lying �
and being in the County of F1°nr°e , in said State of Florida.
TO HAVE AND TO HOLD the above granted and described premises forever.
SAVING AND RESERVING unto the said Trustees of the Internal Improvement Fund of the State O
of;Florida, and their successors, title to an undivided three-fourtba of all phosphate,minerals and metals, o
anti title to an undivided one-half of all petroleum that may be in, on or under the above described Iand,
witch the privilege to mine and develop the same.
OTHER RESERVATIONS: UI
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(None) O
IN TESTIMONY WHEREOF, the said Trustees have hereunto subscribed their names and affixed 06
06
their seal and have caused the seal of THE DEPARTMENT OF AGRICULTURE OF THE STATE OF
F,ORIDA to be hereunto affixed, at the Capitol, in the City of Tallahassee, on this the_ mod• day of
JFa nuga y A. D. Nineteen Hundred and Fif ty--two
Bent� to Fuller :barren _ �
(SEAL)
Ray-fond ). Pdavarro µ Governor 0(0
Key IWest, Florida C, id. Gay
Dec mbpr 7th, 1952 Comptroller
( EAL) J. Edwin Larson —(SEAL)
TRUSTEES I. I. FUND _ Treasurer �
Richard W. Ervin (SEAL)
Attoraep General—�
Nathan Mayo _,(SEAL)
(SEAL) Commisatoner of Aarieultare
DEPARTMENT OF AGRICULTURE
j As and Composing the
TRUSTEES OF THE INTERNAL IMPROVEMENT
FUND OF THE STATE OF FLORIDA
Packet Pg. 2197
Q.5.e
FOX} 4-21
{'insteeB of t4e �n rnal c 32t IEliierit luz
trf toe ostau Df Llllur a
DEED N0, 22143 (34_1-44)
j K-NOW ALL MEN BY THESE PRESENTSi That the undersigned, the Trustees of the Internal Im- �
pro*ement Fund of the State of Florida, under authority of law, for and in consideration of the sure of
Ten and 00/100 Dollars, and other' good and valuable considerations,
XUQUQU,to them in hand paid by. _ Rfl _, «PAYLOR and MARY Qt. R, IL
his wife. m
of to County of___ _Monroe State oL _...Florida , have granted,
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bar 'ned and sold,and do by these presents grant, bargain,sell and convey,unto the said_ . ?OLD L.�
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2A Ord and blARY, G._ P]4YI,d.R, his wifa,,_._.._._._._� And their —heirs and assigns, the U
toll Fling described lands,to wit:
A parcel of submerged land in Boca Chien Channel adjacent
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to Government Lot 2, Section 35, Township 67 South, Range
25 East, Stock Island, Monroe County, Florida, and more m
particularly described as follows: m
From the Northwest Corner of Block 32, according to plat
titled "All Lots 1, 2, 3, 5, 6, Section 35; Lot 2, Section
36; Lot 3, Section 26; Lot 2, Section 34, STOCK ISLAND,
Township 67 South, Range 25 East", as recorded in Plat m
Book 1, Page 55, Official Records of Monroe County, Florida,
go easterly along the north line.of said Block 32, a dis-
i tance of 360 feet, more or less, to a point on the shoreline
of Boca Chica Channel, which point is the Point of Beginning; m
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thence continue easterly along the same line extended into
the waters of Boca Chica Channel a distance of 800 feet to
a point; thence at right angles and southerly a distance of
250 feet to a point in the South line of said Block 32 U)
1 extended; thence at right angles and Westerly along said
South line extended a distance of 540 feet, more or less,
back to the shoreline; thence meander the shoreline in a
northwesterly direction a distance of 370 feet, more or less,
back to the Point of Beginning;
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con mg 3.7 0 _acres,more or less,sad 2yiaE
an being in the County OL.. .Monroe is said State of Florida m
TO HAVE AND TO HOLD the above granted and described premises forever.
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SAVING AND RESERVING unto the said Trustees of the Internal Improvement Fund of the State fll
Of 1lorida, and their successors, title to an undivided three-fourths of all phosphate, minerals and mots*
title to an undivided one•balf of all petroleum that may be in, on or under the above described lend, E
wit) the privilege to mine and develop the same
OTHER RESERVATIONS: None
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IN TESTIMONY WHEREOF, the said Trustees have hereunto subscribed their names and of!"d
06
their seal and have caused the seal of THE DEPARTMENT OF AGRICULTURE OF THE STATE OF �
FLORIDA to be hereunto of xed,at the Capitol, in the City of Tallahassee, on this tbe__18th may of
December A. D. Nineteen Hun an ixt -three
(SEAL) C
or
y` .-MEAL)
Comptroller
(SEAL)
TRUSTEES I. I. FUND
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1^✓ �„� _(BEA.L)
ey CaAerai
(StAL) _, _. _(SEAL)
DEPARTMENT OF AGRICULTURE Commiseionsz of Agrt¢ultnrs
As and Corn a tho
TRUSTEES OF TIMMS
TEED OF THE STATE O' FLORIDA
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