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Item O04 0.4 G BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Heather Carruthers,District 3 IleOI1da Keys Mayor Pro Tern Michelle Coldiron,District 2 �p.° Craig Cates,District I David Rice,District 4 Sylvia J.Murphy,District 5 County Commission Meeting January 22, 2020 Agenda Item Number: 0.4 Agenda Item Summary #6112 BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2506 n/a AGENDA ITEM WORDING: Approval 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 MacDonald Avenue and First Street, Stock Island, Monroe County, Florida, as shown on the plat of Maloney's Subdivision of Stock Island, Plat Book 1, Page 55, bounded on the north by all of Block 32; bounded on the west by Second Street and all of Block 34; bounded on the south by all of Block 34, and by First Street adjacent to Block 34 Lot 11 and Block 33 Lot 20; and bounded on the east by Block 33 Lot 1 and the platted shoreline. ITEM BACKGROUND: The Applicant, Wrecker's Cay Apartments at Stock Island, LLC, has requested the abandonment of a portion of MacDonald Avenue and First Street in Maloney's Subdivision of Stock Island, according to the Plat thereof as recorded in Plat Book 1, Page 55, of the public records of Monroe County, Florida, bounded on the north by all of Block 32; bounded on the west by Second Street and all of Block 34; bounded on the south by all of Block 34, and by First Street adjacent to Block 34 Lot 11 and Block 33 Lot 20; and bounded on the east by Block 33 Lot 1 and the platted shoreline. The Applicant has made the request as part of a proposal to redevelop the adjacent land as affordable housing. The Applicant owns the three parcels to the north, south and east which surround the portions of MacDonald Avenue and First Street being requested for abandonment. Currently, MacDonald Avenue and First Street serve as local streets for traffic flow, ingress and egress to the parcels owned by the Applicant, which are proposed to be redeveloped. The Applicant has provided a written agreement to grant an easement to the Utility Board of the City of Key West, d/b/a Keys Energy Services and to the Florida Keys Aqueduct Authority, and KW Resort Utilities Corp. for public utility purposes, in, under, over and across the herein requested ROW abandonment land in the installation, maintenance and repair of the utilities in place or to be placed on said portion of MacDonald Avenue and First Street. Per Section 19-1(b) of the Monroe County Code, (b) No dedicated and accepted right-of-way in the county shall be abandoned where: (1) The right-of-way terminates on a body of open water; or (2) Packet Pg. 2328 0.4 The right-of-way provides access to the public to land on open water; or(3) The abandonment would preclude a way for the public to maintain access to the water. In a memo dated October 31, 2018, Philip Frank of Terramar Environmental Services Inc. stated that the Macdonald Avenue ROW east of First street does not terminate on open water, does not provide access to land on open water, and would not preclude a way for the public to maintain access to the water. His findings were based on a site visit and evaluation of the upland area beyond the ROW and the presence of mangrove wetland habitat east of the platted ROW's termination. The County Biologist conducted a site visit as well and agreed with Mr. Frank's conclusions. ; t a MQQ ,40 aim -a k 41 County staff has found that the proposed abandonment meets the criteria of Monroe County Code Section 19-1. PREVIOUS RELEVANT BOCC ACTION: 1/23/19 (I3) BOCC continued to the 2/20/2019 BOCC meeting in Key West, FL CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Approval DOCUMENTATION: 2018-179 FILE Combined Packet Pg. 2372 0.4 2018-179 Staff Report v3_12.9.19 2018-179 Wrecker's Cay Abandon Resolution_V2_12.9.19 FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: N/A Additional Details: REVIEWED BY: Cheryl Cioffari Completed 12/27/2019 1:29 PM Emily Schemper Completed 12/30/2019 10:22 AM Steve Williams Completed 01/06/2020 11:21 AM Maureen Proffitt Completed 01/06/2020 11:38 AM Assistant County Administrator Christine Hurley Completed 01/07/2020 6:33 PM Budget and Finance Completed 01/08/2020 8:03 AM Maria Slavik Completed 01/08/2020 10:12 AM Kathy Peters Completed 01/08/2020 10:37 AM Board of County Commissioners Pending 01/22/2020 9:00 AM Packet Pg. 2330 0.4.b 0r MEMORANDUM Monroe County Planning &Environmental Resources Department We strive to be caring,professional and fair A To: Monroe County Board of County Commissioners c Through: Christine Hurley, Assistant County Administrator From: Emily Schemper, Director of Planning &Environmental Resources cis Date: January 2, 2019 1�ev e(l 1)eceniber Q, 201 Q 06 as Subject: A public hearing to consider the approval of a resolution renouncing and disclaiming any right of the County and the public in and to a portion of the rights- of-way of Macdonald Avenue and First Street, Stock Island, Monroe County, Florida, as shown on the plat of Maloney's Subdivision of Stock Island, plat book 1,page 55. (File #2018-179). BOCC Meeting: January 23, 2019 (set public hearing) , N.....,.w,ber- 20, 20 9 Wlanti ar 22, 20201 (public hearing) � 0 Revised information noted in red. � REQUEST: Wrecker's Cay Apartments at Stock Island, LLC, requests an abandonment of a portion of MacDonald Avenue and First Street in Maloney's Subdivision of Stock Island, according to the Plat thereof as recorded in Plat Book 1,Page 55,of the Public Records of Monroe County,Florida, bounded on the north by all of Block 32; bounded on the west by Second Street and all of Block i 34; bounded on the south by all of Block 34, and by First Street adjacent to Block 34 Lot 11 and >i Block 33 Lot 20; and bounded on the east by Block 33 lot 1 and the platted shoreline. 0 The Petitioner has made the request as part of a proposal to redevelop the surrounding area as affordable housing. The Applicant owns the three parcels to the north, south and east which surround the portions of MacDonald Avenue and First Street being requested for abandonment. Currently, MacDonald Avenue and First Street serve as local streets for traffic flow, ingress and 00 egress to the surrounding parcels which are proposed to be redeveloped. Wreckers Cay(MacDonald& V St.)Abandonment Petition File 42018-179 Pagel of 8 Packet Pg. 2331 0.4.b + . -- {� n a Ye Co io LL 06 lkone (. tL,•ram..: ..N ... C Figure 1-Proposed Right of Way Abandonment location. E c 0 REVIEW OF APPLICATION: c �a �a The portions of the rights-of-way of Macdonald Avenue and First Street are established within the plat of Maloney's Subdivision of Stock Island (PB1-55). The plat was recorded on October 21, W 1911. a, r z s q • a 8 4 s s Re ri 2 Lf}V Rol f{V b r M '' 7 d 4 r z a f .x 6 '� I t '�❑ Q 'rl rx. .M R Karp AV CoGDP r z 3.i ' 6 7 E yro r z s 4S6 7 a J.9 Ia n ! T. J..� y- 6 7 a 3 7 3,5 J 3-0 R 3 es r r ra �1 '0 r9 r4 rr r3 r ra 'i +k I .y .■ r7 r� ,s rq 13 rz•e r}�r8 +7 rt.rs ! r7!z rl ;e e1 r8 Co ;a IY �d r7 r6 •7 r N .z o saa C H� ell 4o Figure 2-Excerpt of Maloney's Subdivision of Stock Island Plat Wreckers Cay(MacDonald& Pt St.)Abandonment Petition File#2018-179 Page 2 of 8 Packet Pg. 2375 0.4.b The portion proposed for abandonment is legally described as follows: A portion of the MacDonald Avenue PUBLIC Right of Way and the First Street PUBLIC Right of Way, bounded on the west by Second Street and all of Block 34; bounded on the south by all of Block 34, and by First Street adjacent to Block 34 Lot 11 and Block 33 Lot 20; and bounded on the east by Block 33 lot I and the platted shoreline, Maloney's Subdivision of Stock Island, U) according to the map or plat thereof, as recorded in Plat Book 1, Page 55, of the Public Records of Monroe County, Florida and being more particularly described as follows: Commencing at the: northwest corner of lot 1, block 34, McDonald's plat of Stock Island, also known as the plat entitled "all lots 1, 2, 3, 4, 5, 6, section 35: lot 2, section 36; lot 3, section 26; (n lot 2, section 34; Stock Island, township 67 south, range 25 east"recorded in plat book 1, at page 55, of Monroe County official records, said point being on the south right-of-way line of U- MacDonald Avenue (bearing basis of MacDonald Avenue is north 89 degrees 55 minutes 40 seconds east), bear north 00 degrees 04 minutes 20 seconds west a distance of 30 feet to the centerline of said MacDonald Avenue and the point of beginning of the proposed road abandonment be described;from said point of beginning continue bearing north 00 degrees 04 minutes 20 seconds west a distance of 30 feet to the north right-of-way line of said MacDonald Avenue; thence bear north 89 degrees 55 minutes 40 seconds east a distance of 620.00 feet, to the platted shoreline of said McDonald's plat, also the southeast corner of block 21; thence bear south 33 degrees 15 minutes 35 seconds east along said platted shoreline a distance of 35.85 feet, to the centerline of said MacDonald Avenue; thence bear south 89 degrees 55 minutes 40 seconds west along the centerline of said MacDonald Avenue a distance of 639.62 feet, back to the point of r- beginning. Containing an area of 18,896 square feet more or less. AND Commencing at the northwest corner of lot 1, block 34, McDonald's Plat Of Stock Island, also known as the plat entitled all lots 1, 2, 3, 4, 5, 6, section 35; lot 2, section 36; lot 3, section 26: lot 2, section 34; Stock Island, township 67 south, range 25 east"recorded in plat book 1, at page 55, of Monroe County official records, point being on the south right-of-way line of MacDonald i Avenue (bearing basis of MacDonald Avenue is north 89 degrees 55 minutes 40 seconds east), >i said point also being the point of beginning of the proposed road abandonment to be described: 0 from said point of beginning bear north 00 degrees 04 minutes 20 seconds west a distance of 30 as feet, to the centerline of said MacDonald Avenue; thence bear north 89 degrees 55 minutes 40 seconds east a distance of 525.00 feet, also being the point of intersection with the north projection of the centerline of First Street, a 50 foot right-of-way on said McDonald's plat; thence bear south 00 degrees 04 minutes 20 seconds east a distance of 30 feet, to south right-of-way line of said 00 MacDonald Avenue; thence bear south 89 degrees 55 minutes 40 seconds west along the south right-of-way line of said MacDonald Avenue a distance of 525.00 feet back to the point of beginning. Containing an area of 15,750 square feet more or less. E AND Commencing at the northwest corner of lot 1, block 34, McDonald's Plat of Stock Island, also known as the plat entitled "all lots 1, 2, 3, 4, 5, 6, section 35; lot 2, section 36; lot 3, section 26; Wreckers Cay(MacDonald& V St.)Abandonment Petition File 42018-179 Page 3 of 8 Packet Pg. 2333 O.4.b lot 2, section 34: Stock Island, township 67 south, range 25 east" recorded in plat hook], at page 55, of Monroe County official records, point being on the south right-of-way line of MacDonlad Avenue (bearing basis of MacDonlad Avenue is north 89 degrees 55 minutes 40 seconds east), bear north 89 degrees 55 minutes 40 seconds east a distance of 525.00 feet to the point of intersection with the centerline of first street, a 50 foot right-of-way on said McDonald's plat and the point of beginning of the proposed road abandonment to described, from said point of A beginning bear north 00 degrees 04 minuites 20 second west a distance of 30 feet, thence bear north 89 degrees 55 minutes 40 seconds east a distance of 114.62 feet, to the platted shoreline of 2 said McDonald's plat, thence bear south 19 degrees 09 minutes 16 seconds east along said platted shoreline a distance of 31.74 feet to the south right-of-way line of said MacDonlad Avenue; thence bear south 89 degrees 55 minutes 40 seconds west along the south right-of-way line of said cis MacDonlad Avenue a distance of 125.00 feet, back to the point of beginning. Containing an aera of 3,594 square feet more or less. U- AND Commencing at the northwest corner of lot 1, block 34, McDonald's plat of Stock Island, also known as the plat entitled "all lots 1, 2, 3, 4, 5, 6, section 35; lot 2, section 36; lot 3, section 26; lot 2, section 34; Stock Island, township 67 south, range 25 east"recorded in plat book 1, at page 55, of Monroe County official records, point being on the south right-of-way line of MacDonlad Avenue (bearing basis of MacDonlad Avenue is north 89 degrees 55 minutes 40 seconds east), bear north 89 degrees 55 minutes 40 seconds east a distance of 500.00 feet to the point of intersection with the west right-of--way line of first street, a 50 foot right-of-way on said McDonald's plat and the point of beginning of the proposed road abandonment to be described, from said point of beginning continue bearing north 00 degrees 55 minutes 40 seconds east a distance of 25.00 feet to the centerline of said first street, thence bear south 00 degrees 04 minutes 20 seconds east a distance of 125.00 feet; thence bear south 89 degrees 55 minutes 40 seconds west a distance of 25.00 feet to a point on the west right-of-way line of said first street,point also being the southeast corner of lot 10, block 34 of said plat; thence bear north 00 degrees 04 minutes 20 seconds west a distance of 125.00 feet back to the point of beginning. containing an area of 3,125 square feet more or less. i i AND 0 Commencing at the northwest corner of lot 1, block 34, McDonald's plat of Stock Island, also known as the plat entitled "all lots 1, 2, 3, 4, 5, 6, section 35; lot 2, section 36; lot 3, section 26; lot 2, section 34; Stock Island, township 67 south, range 25 east"recorded in plat book 1, at page 55, of Monroe County official records, point being on the south right-of-way line of MacDonald 00 Avenue (bearing basis of MacDonald Avenue is north 89 degrees 55 minutes 40 seconds east), bear north 89 degrees 55 minutes 40 seconds east a distance of 525.00 feet to the point of intersection with the centerline of First Street, a 50 foot right-of-way on said McDonald's plat and the point of beginning of the proposed road abandonment to be described, from said point of beginning continue bearing north 89 degrees 55 minutes 40 seconds east a distance of 25.00 feet to a point on the east right-of-way line of said First Street, said point also being the northwest corner of lot 1, block 33 of said plat, thence bear south 00 degrees 04 minutes 20 seconds east a distance of 125.00 feet; thence bear south 89 degree 55 minutes 40 seconds west a distance of Wreckers Cay(MacDonald& V St.)Abandonment Petition File 42018-179 Page 4 of 8 Packet Pg. 2334 0.4.b 25.00 feet to a point on the centerline of said First Street; thence bear north 00 degrees 04 minutes 20 seconds west a distance of 125.00 feet back to the point of beginning, containing an area of 3,125 square feet more or less. L{3T 20 LOT 19 lCJ'f lti ILOT 17 141'1F, 12 T 11 WRECKERS CAY APARTMENTS AT STOCK ISLAND � I � PLATTED D LLC SHORELINE BLOCK 2.1(PLAT) � rY" BJ L © C �K 3 2 LOT 21(DEED r� f� c' S84°5.5'40'°W 620'(PLAT) =1i © S00.00(MEASURED)TO SIR HTH Hew L[Nc f CIO y..IS, ,NORTH PORTION �'' r�� CL NACDONALD AVENUE»su`R!w � SOUTHEASTERLY✓� eta (MEASURED)-tL Lb 6'5 scwrw aw uh€ IPDRrxervCIO Y' " wFa c7 p Iti39'5.5'40'E 650'0(IPLAT' F'P J 3 e4 6 L 0 C K 3 3 v LOT 4 Lo l'7 I ) LOTS L47Y:7� LOT'3 LCT-0 L OT S UIT N I,QT 7 LOT E� LOT 9 LL al Z' � dw',�G � VI roc ne scewa�K nas,Rwnasn 'a, ox�as, ID B L O C K 3 4 o Ir06 3 CC N LENO�TES PROPOSED WRECKERS CAY APARTMENTS AT STOCK ISLAND LLC 'P A <` o "a fin. C)w CADRE!RUSH ROAb AIBdsN!DONMENT _Ci CDMPAN�Y LLC A m m LEGEND: Fin,¢ own —ILEE.1-1 (PlAT9(MEA5llItED} � /� V � � s L7 N&S L > v"" '" �,AsaH.LT I—SIT L4 S94 55'4q"W Sp Q4 tO9"10 5 REECE&ASSOCIATES WG UD11 Y w.ai 4 cEa �..d.cmn c a L4 .oaaaxu s6avevn6o nnPerT,l.r aeae rn Lar na Ear zn 179MDVMALR6FE 5tE a SYu POAYL KE1',R,3SMl - vw s NOTES: 01MCE M)t'.'::#a9 Ixl w.a LVH FAX V795)632 5622 1'+'�-^'�d ffrvtE MNIS 5l1WllEY WAS FERI pRM 9I l THE Stl E I I EX LIA514E B111kP,Ai TN..PAR Eft,UST'A E,'A' pyORTH wo SHnu w{1 ue uE{en iJ,ap v nuv OnHEx Ery om pw 1Hatv3o{Ian vMH0�6EVE41.LIKEYNISe,AMF .,,-,.._.. Figure 3-Excerpt of boundary Survey The applicant, Wrecker's Cay Apartments at Stock Island, LLC, owns the three parcels to the north, south and east which surround the the portions of MacDonlad Avenue and First Street being r- requested for abandonment. The petitioner has submitted a road abandonment petition in order to redevelop the surrounding area as affordable housing. This petition has been reviewed by County staff and written recommendations were received from the following private utilities and County departments: Keys Energy Service, dated May 18, 2018 cv • Grant of easement required. �� KW Resort Utilities Corp, dated August 21, 2018 > • Grant of easement required. 0 AT &T, dated August 31, 2018 1111111 Grant ou`euuseme nb u;ubmkte(N � "onicast, (Iat (] January 15, 20I Q cis o 11111111 No ons Florida Keys Aqueduct Authority, dated August 29, 2018 00 CD • No objections upon receipt of easement. N Monroe County Fire Marshal, dated September 20, 2018 • Fire department access and water supply were noted to be discussed for future E development plans. Monroe County Sheriff's Office, dated September 25, 2018 • Although no objections were stated, it was noted that the abandonment should not be granted or access restricted to the surrounding residential lots until vacated. Monroe County Engineering Department dated October 12, 2018. Wreckers Cay(MacDonald& V St.)Abandonment Petition File 42018-179 Page 5 of 8 Packet Pg. 2335 0.4.b • Restricted access to land which extends beyond MacDonald to the water and the ownership of said land was stated as a concern. Per a memo dated October 31,2018, and further described below, it was determined that the MacDonald right of way east of First Street does not terminate on open water and therefore does not restrict access. A Easement agreements with the Utility Board of the City of Key West, d/b/a Keys Energy Services and to the Florida Keys Aqueduct Authority, and KW Resort Utilities Corp were provided. 2 cis Monroe County Code Section 19-1 - Abandonment of rights-of-way states: 2 �s (b) No dedicated and accepted right-of-way in the county shall be abandoned where: (1) the right-of-way terminates on a body of open water; or LL 06 • The platted right-of-way does not terminate on a body of open water. (2) the right-of-way provides access to the public to land on open water; or • The platted right-of-way does not provide access to the public to :2 land on open water. (3) the abandonment would preclude a way for the public to maintain access to the water. • The abandonment would not preclude a way for the public to maintain access to water. E E r- 0 In a memo dated October 31, 2018, Philip Frank of Terramar Environmental r- Services Inc. stated that the Macdonald Avenue ROW east of First street does not terminate on open water, does not provide access to land on open water, and would 3: not preclude a way for the public to maintain access to the water. His findings were 0 based on a site visit and evaluation of the upland area beyond the ROW and the presence of mangrove wetland habitat east of the platted ROW's termination. The County Biologist conducted a site visit as well and agreed with Mr. Frank's conclusions. i (b) In all other cases of abandonment, no right-of-way shall be abandoned unless there is 0 an agreement to do so by all affected property owners. For purposes of this subsection, an affected property owner is the owner of property which, if the right-of-way is - abandoned, will: (1) Have access that is currently used by that property owner eliminated; • The requested abandonment is for a portion of right-of-way that 00 bisects the petitioner's properties. This portion of the street terminates at and only gives access to the petitioner's properties. (2) Have the only platted access eliminated; E • The requested abandonment is for a platted portion of the right-of- way of MacDonald Avenue and First Street, which is not used for access by other properties. (3) Have the paved area adjacent to that property increased for turn-around purposes; or Wreckers Cay(MacDonald& V St.)Abandonment Petition File 42018-179 Page 6 of 8 Packet Pg. 2336 0.4.b • There is not a requirement for a T-turnaround given the location of the right of way abandonment. MC Engineering has not requested a turnaround. (4) Be increased in size. • The affected property, owned by the applicant,is the only property that will increase in size; there is no objection to this increase. U) (d) All right of way abandonments shall comply with the County Code and Standard Engineering requirements for road, turn-around and fire-rescue access. If required for safety purposes, as determined by either Fire Marshal or County Engineer, a dedicated turn-around area shall be shown on the submitted survey and shall be (n agreed to in writing and constructed with payment by the property owner(s) requesting abandonment. LL • A letter from the Fire Marshal dated September 20, 2018 stated a proposed site plan or description were not provided for review, but, fire department access of the site and water supply for fire apparatus and and emergency medical service vehicles for life and fire safety response shall be addressed following chapters of 0 the Florida Fire Prevention Code, 6th Ed. 2017; NFPA 1. However, after meeting with the Applicant, the Fire Marshal provided a letter dated November 1, 2018, stating that the Fire E Marshal's Office will be available to discuss adequate Fire 0 Department Access and Water Supply during planning for future development. • A letter from Engineering Services dated October 12,2018 states W the proposed portion of the MacDonald Ave. right of way to be M abandoned terminates at the platted shoreline but there is land beyond that point that extends to the water, to which access C�i would be restricted should MacDonald Ave. be abandoned. A determination of the disposition and ownership of that land should be made to ensure that the abandonment does not violate the requirements of MCC Chapter 19-1. As stated on page 6 of this memo, staff has determined that the right of way does not terminate on open water. (e) A right of way may be abandoned only at the terminal portion of the road and in its00 full width unless one of the following applies; N 1. An adjacent lot owner has on the platted right-of-way or within a setback a substantial structure which predates the Special Session Law 59-1578 pertaining E to maps, plats, and right-of-way. The term "substantial structure" specifically does not include wood or metal fences, sheds or tiki huts or other items not listed which are accessory structures; or Wreckers Cay(MacDonald& V St.)Abandonment Petition File 42018-179 Page 7 of 8 Packet Pg. 2337 0.4.b 2. The abandonment is requested by a County department or governmental agency for a public use; for purposes of this subsection public use is a public facility and/or public/private utility; or 3. The right of way area is unusual in size or shape and after abandonment the remaining right of way width will be the same on both sides of the abandonment as shown in Example 1. A • The requested abandonment is for the terminal portion of both MacDonald W Avenue and First Street. a, as The requested abandonment of a portion of the rights-of-way of Macdonald Avenue and First Street, as shown on the plat of Maloney's Subdivision of Stock Island, plat book 1, page 55; U- bounded on the north by all of block 32;bounded on the west by second street and all of block 34; 06 bounded on the south by all of block 34, and by First Street adjacent to block 34 lot 11 and block 33 lot 20;and bounded on the east by block 33 lot 1 and the platted shoreline, on STOCK ISLAND, Monroe County, Florida meets the criteria cited above and is therefore suitable for abandonment. RECOMMENDATION: 0 Staff recommends approval of the requested abandonment. r- 0 i i 0 CL cv Wreckers Cay(MacDonald& V St.)Abandonment Petition File 42018-179 Page 8 of 8 Packet Pg. 2338 0.4.c R4 U)1 c 5 i as 6 ` 7 8 MONROE COUNTY, FLORIDA 9 BOARD OFCOUNTY COMMISSIONERS 06 10 RESOLUTION NO. 1.1 12 A RESOLUTION OF THE MONROE COUNTY BOARD OF � 13 COUNTY COMMISSIONERS RENOUNCING AND 14 DISCLAIMING ANY RIGHT OF THE CCJ1J ➢, AND PUBLIC" 15 IN AND TO THE RIGHT-OF-WAY OF MACDONALD � 16 AVENUE AND FIRST STREET, STOCK ISL.A:ND CaTC)NROE 17 COUNTY, FLORIDA, AS SHOWN ON THE PLAT OF 18 MAL.ONEY S SUBDIVISION OF STOCK ISLAND, PLAT � 19 BOOK 1, FACIE 55; BOUNDED ON THE NORTH BY ALL OF 20 BLOCK 32; BOUNDED ON THE WEST BY SECOND STREET 21 AND ALL OF BLOCK 34; BOUNDED ON THE SOUTH BY � 22 AL,L., OF BLOCK 34, AND BY FIRST STREET ADJACENT TO 23 BLOCK 34 LOT 1 1 AND BLOCK 33 LOT 20-, AND BOUNDED 24 ON THE EAST BY BLOCK 33 LOT I AND THE PLATTED 25 SHORELINE. 26 cv 27 WHEREAS, an application was filed by Smith hawks FL. on behalf of Wrecker's C"ay cv� 28 Apartments at Stacy Island, L,L,C, to abandon the right of way of MacDonald Avenue and :First >i 29 Street in Maloney's Subdivision of Stock Island, according to the Flat thereof as recorded in Flat . 30 Book 1, Page 55, of the Public Records of Monroe County, Florida, bounded on the north by all 31 of Block 32; bounded on the west by Second Street and all of Block 34; bounded on the south by U) 32 all of Block 34, and by First Street adjacent to Block 34 Lot l I and Block 33 Lot 20; and 33 Bounded on the east by Block 33 lot I and the platted shoreline; and 34 35 WHEREAS, the Board of County Commissioners of Monroe County, Florida, desires to its renounce and disclaim any right of the County and the public in and to the hereinafter right of � 37 way; and JA 38 39 WHEREAS, under Chapter 336, Florida Statutes, it is necessary to hold a public hearing 0 40 after-publishing due notice of said hearing in accordance with said Chapter; and 41 42 WHEREAS, due notice has been published and a public hearing has been held in 00 43 accordance with Chapter 336, Florida Statutes; and 44 `14 45 WHEREAS, at said public hearing, the Board considered the argument of all parties 46 present wishing, to speak on the matter, and considered the renouncing and disclaiming of any File#2018-179 Paae 1 o174 Packet Pg. 2339 0.4.c I right of the County and the public in and to the hereinafter described right of way as delineated 2 on the hereafter described map or plan; and U) 3 4 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 2 5 COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT IT HEREBY 6 7 1. Renounces and disclaims any right of the County and public in and to the (n 8 following described right of way, streets, alley-ways, roads, or highways as delineated on the 9 hereinafter described map or plat, to-wit: LL 06 10 11 THE PUBLIC RIGHT OF WAY DESCRIBED AS: 12 13 A portion of the MacDonald Avenue PUBLIC Right of Way and the First Street PUBLIC 14 Right of Way, bounded on the west by Second Street and all of Block 34; bounded on the south 15 by all of Block 34, and by First Street adjacent to Block 34 Lot 11 and Block 33 Lot 20; and 16 bounded on the east by Block 33 lot I and the platted shoreline, Maloney's Subdivision of Stock I7 Island, according to the map or plat thereof, as recorded in Plat Book 1, Page 55, of the Public 18 Records of Monroe County, Florida and being more particularly described as follows: 19 20 Commencing at the: northwest corner of lot 1, block 34, McDonald's plat of Stock Island, 21 also known as the plat entitled "all lots 1, 2, 3, 4, 5, 6, section 35: lot 2, section 36; lot 3, section 22 26; lot 2, section 34; Stock Island, township 67 south, range 25 east" recorded in plat book 1, at 23 page 55, of Monroe County official records, said point being on the south right-of-way line of 24 MacDonald Avenue (bearing basis of MacDonald Avenue is north 89 degrees 55 minutes 40 25 seconds east), bear north 00 degrees 04 minutes 20 seconds west a distance of 30 feet to the i 26 centerline of said MacDonald Avenue and the point of beginning of the proposed road >i 27 abandonment be described;from said point of beginning continue bearing north 00 degrees 04 e 28 minutes 20 seconds west a distance of 30 feet to the north right-of-way line of said MacDonald 29 Avenue; thence bear north 89 degrees 55 minutes 40 seconds east a distance of 620.00 feet, to 30 the platted shoreline of said McDonald's plat, also the southeast corner of block 21; thence bear 31 south 33 degrees 15 minutes 35 seconds east along said platted shoreline a distance of 35.85 32 feet, to the centerline of said MacDonald Avenue; thence bear south 89 degrees 55 minutes 40 33 seconds west along the centerline of said MacDonald Avenue a distance of 639.62 feet, back to 34 the point of beginning. Containing an area of 18,896 square feet more or less. U) L 35 0 36 AND 37 38 Commencing at the northwest corner of lot 1, block 34, McDonald's Plat Of Stock Island, 39 also known as the plat entitled "all lots 1, 2, 3, 4, 5, 6, section 35; lot 2, section 36; lot 3, section 40 26: lot 2, section 34; Stock Island, township 67 south, range 25 east" recorded in plat book 1, at 41 page 55, of Monroe County official records, point being on the south right-of-way line of 42 MacDonald Avenue (bearing basis of MacDonald Avenue is north 89 degrees 55 minutes 40 File#2018-179 Page 2 of 4 Packet Pg. 2340 O.4.c 1 seconds east), said point also being the point of beginning of the proposed road abandonment to 2 be described:from said point of beginning bear north 00 degrees 04 minutes 20 seconds west a 3 distance of 30 feet, to the centerline of said MacDonald Avenue; thence bear north 89 degrees 4 55 minutes 40 seconds east a distance of 525.00 feet, also being the point of intersection with the 5 north projection of the centerline of First Street, a 50 foot right-of-way on said McDonald's plat, 6 thence bear south 00 degrees 04 minutes 20 seconds east a distance of 30 feet, to south right-of- (n 7 way line of said MacDonald Avenue; thence bear south 89 degrees 55 minutes 40 seconds west 8 along the south right-of-way line of said MacDonald Avenue a distance of 525.00 feet back to 06 9 the point of beginning. Containing an area of 15,750 square feet more or less. 10 11 AND 12 0 13 Commencing at the northwest corner of lot 1, block 34, McDonald's Plat of Stock Island, 14 also known as the plat entitled "all lots 1, 2, 3, 4, 5, 6, section 35; lot 2, section 36; lot 3, section 15 26, lot 2, section 34: Stock Island, township 67 south, range 25 east" recorded in plat book 1, at 16 page 55, of Monroe County official records, point being on the south right-of-way line of 17 MacDonald Avenue (bearing basis of MacDonald Avenue is north 89 degrees 55 minutes 40 18 seconds east), bear north 89 degrees 55 minutes 40 seconds east a distance of 525.00 feet to the 19 point of intersection with the centerline of first street, a 50 foot right-of-way on said McDonald's 20 plat and the point of beginning of the proposed road abandonment to described,from said point 21 of beginning bear north 00 degrees 04 minutes 20 second west a distance of 30 feet, thence bear 22 north 89 degrees 55 minutes 40 seconds east a distance of 114.62 feet, to the platted shoreline of 23 said McDonald's plat, thence bear south 19 degrees 09 minutes 16 seconds east along said i 24 platted shoreline a distance of 31.74 feet to the south right-of-way line of said MacDonald > i 25 Avenue; thence bear south 89 degrees 55 minutes 40 seconds west along the south right-of-way 26 line of said MacDonald Avenue a distance of 125.00 feet, back to the point of beginning. 27 Containing an area of 3,594 square feet more or less. 28 29 AND 30 Commencing at the northwest corner of lot 1, block 34, McDonald's plat of Stock Island, 31 also known as the plat entitled "all lots 1, 2, 3, 4, 5, 6, section 35; lot 2, section 36; lot 3, section 32 26, lot 2, section 34; Stock Island, township 67 south, range 25 east" recorded in plat book 1, at JA 33 page 55, of Monroe County official records, point being on the south right-of-way line of 34 MacDonald Avenue (bearing basis of MacDonald Avenue is north 89 degrees 55 minutes 40 35 seconds east), bear north 89 degrees 55 minutes 40 seconds east a distance of 500.00 feet to the 36 point of intersection with the west right-of-way line of first street, a 50 foot right-of-way on said 37 McDonald's plat and the point of beginning of the proposed road abandonment to be described, 00 38 from said point of beginning continue bearing north 00 degrees 55 minutes 40 seconds east a C14 39 distance of 25.00 feet to the centerline of said first street, thence bear south 00 degrees 04 40 minutes 20 seconds east a distance of 125.00 feet; thence bear south 89 degrees 55 minutes 40 File#2018-179 Page 3 of 4 Packet Pg. 2341 :6 I seconds west a distance oj'25,00jeet to a point on the west right-o 'way line of'said first street, 2 point also being the southeast corner of lot 10, block 34 (Y' said plat; thence bear north 010 3 degrees 04 minutes 2'0 seconds west a distance of 125.00ff�el back to the, point qfbeginning. 4 containing an area (af 3,125 squareftet more or less. cis 5 6 AND 7 8 Commencing at the northwest corner ,f o ' lot l:, block 34, McDonald's plot cif Stock Island, also U_ 06 9 known as the plot entitled "all lots 1, 2, 3, 4, 5, 6, section 35; lot 2, section 36; lot 3, section 261- 0 10 lot 2, section 34; Stock Island, township 67 south,, range 25 east" recorded in plat book 1, at 11 page 55, of' Monroe Coun�y q 0 > fficial rec rds, Point being on the south right-qf-way line of' 12 MacDonald Avenue (bearing basis o 'MacDonald A verme is north 89 degrees 55 minutes 40 13 seconds east), bear north 89 degrees 55 minutes 40 seconds east a distance (�1'525.00ftet to the 0 14 point of intersection with the centerline of First Street, a 50 j6ot right-(�f-way on said 15 McDonald's plat and the point qfbeginnhig qfthe proposed road abandonment to be described, 16 ,front, said point qfbeginning continlie hearing north 89 degrees 55 rninutes 40 seconds east a 17 distance o 25.00,feet to a point on the east right-(.y'_wa.,y line (afsaid First Street, said point also E r_ 18 being the northwest corner (af lot 1, block 33 qfsaid plat, thence bear south 00 degrees 04 0 'a 19 minutes 20 seconds east a distance (# 125,00ftet; thence bear south 89 degree 55 afinules 40 20 seconds west a distance ol'25.00feet to a point on the centerline qfsaid First Street; thence bear 21 north 00 degrees 04 minutes, 2'0 seconds west a distance qf 125.00 feet back to the point of 22 beginning, containing an area of 3,,125 squareftet wore or less, 0 23 24 PASSED AND ADOPTED by the Board of County Commissioners; of Monroe County, Florida, 25 at a regular iriceting of the Board held on the 22"°day of January 2020. C14 26 C14 27 Mayor Heather Carruthers >I 28 Mayor Pro Tern Michelle Coldiron 29 Conimissioner Craig Cates 0 30 Comniissioner David Rice U) 31 Cornmissioner Sylvia J. Murphy 32 0 33 34 BOARD OF COUNTY COMMISSIONERS 35 OF MONROE COUNTY, FLORIDA 36 37 38 BY 39 (SEAL) MAYOR HEATHER CARRUTHERS 40 41 ATTEST: KEVIN MADOK., CLERK 00 42 ROE COVKTY TTORNEy C14 43 44 By 3 1 EN T LLIA' E 45 Deputy Clerk ASSIST A�Tr T, LlrTY 4.A1t*T0#kNk-V File 20,18-179 Noe 4 44 Packet Pg. 2342 1 Wrecker's Cay-Stock Island Summary 1. Wreckers Cay Goal, Obj and Subarea Policy CP Text Amend (2018-120) (05—6455) • Amend the Monroe County Comprehensive Plan to establish a goal and objective that incentivizes affordable housing on Stock Island o 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 a r. a H: 101.-1 v ihir-..,,,,*, .. . Igi.1 tfri •440-N,.*4•0'1-,`'•• - i z i • I,- a Silt: � x`' s ' f� �3 . ' ' i . NI Lailiik. , • ..„-24- 41. . liim,","qx. ,- a A1710 I , 2 .0,‘ .6._-;.,,,_ .., ': i )=5:... • ‘:,IP' ,, 4,Lut_. : ..e. ...:.i ll ' ' iallk ,4 ip- : ' .„. • ..-..c . o Limit the permitted uses of the subarea to deed restricted affordable housing dwelling units (workforce) o Increases the established the maximum net density for affordable housing to 40 dwelling units per buildable acre for a maximum of 280 units (increase from 25 DU per buildable acre) o Increases the height limit: habitable floor area up to 38 feet, mechanical equipment up to 44 feet (must be screened), allows for 3 floors above parking o Allows for off-street parking requirements in the subarea to be altered through a Development Agreement o Provides for the transfer of existing TREs within Stock Island through a minor conditional use permit o Eliminates allocated density and floor area ratio on the Property o Allows for the possibility of a shoreside support facility associated with a mooring field as a permitted accessory use o Requires the Development Agreement to specify the income category distribution for the proposed development o All affordable units are rental units 2. LDC Text Amendment—Sec. 130-157 Density Increase (06—6427) • Amend Section 130-157 to allow for a density increase above the maximum net density in the Urban Residential (UR) zoning district for a property subject to a site specific subarea policy established under proposed Goal 111 of the Monroe County Comprehensive Plan. Page 1 of 5 .. Wrecker's Cay—Stock Island Summary 3. LUD Map Amendment-6325 First St. and 6125 Second St., Stock Island (Wrecker's Cay) (02 - 6419) • Urban Residential Mobile Home (URM) to Mixed Use (MU) • The proposed Zoning amendment would result in: Residential Market Rate Allocated:+11.16 units TDR/Market Rate Residential Max Net:+40.26 units Net Change in Development Affordable Residential Max Net: +83.87 units affordable Potential Based on Zoning Transient Allocated: +20.96 rooms/spaces(no change) Nonresidential: 0 SF MU r irr :e uc �' * uR :1 4 - - - �i ,o UR ...—._1, NMI r ,A — ++ „:' - �/ / ---, �- y / / Existing Zoning Map Designation Proposed Zoning Map Designation *Change in density for Urban Residential Mobile proposed ROW abandonment. Home (URM) Urban Residential(UR) Max Net Max Net with Allocated with TDRs Allocated TDRs ROW SF Acre 1 DU/lot N/A 6 du/gross acre 12 du/buildable McDonald 19,344 0.44 0 N/A 2.66 4.26 1st 6,250 0.14 0 N/A 0.86 1.38 Total ROW 25,594 0.59 0 0 3.53 5.64 Page 2 of 5 Wrecker's Cay—Stock Island Summary 4. Wrecker's Cay Laurel Ave Road Abandonment adopt hearing (03- 5336) • Abandonment of a portion of Laurel Avenue in Maloney's Subdivision of Stock Island • Laurel Avenue serves as an access road which terminates at the east end of the parcel owned by Wrecker's Cay - ram• `n _-3 i `- t,-- 'y f 2 m '1 r ^,i Murray Marine IURE r— L. 0.. _iv-_-�J it .�4 a. ce �rr__-_R�I �-r .�� ---' • .1_,, • r y, a. . ` t. Spit(Wreckers Cay 411, „Is:. _, , 4 V,,.:„...,;4. 5. ROW abandonment -MacDonald Avenue & First Street, Stock Island (04- 6112) • Abandonment of a portion of MacDonald Avenue and First Street in Maloney's Subdivision of Stock Island igi',./ , ''', ,.., ..- s Pk ), , .7*\,. t .441_, ,,,,00441., -/•Iserl.s' _est.,. ‘:'.:.‘ ,a, ii n If IgP ' N..,. 1 I it‘ • . : It +�4" + , 1 .1 r ,r ' .• + '/. iL1' 1 _" _'fir ..,,• . a 7, • 4, . t\.. • lk.,, ti . , .• t • t i , E ir6 1 \ • .! - _ - • 1ST A ;- < _;����' 7 t , ...-7 , -- ,,,i. • 1 - -A 4- ,,,7,., - !", 0\ 1 - ' -... flit I tip ...;. 1 i. .... ' _. c , . . ,,, rpm -11..0 , Page 3 of 5 Wrecker's Cay—Stock Island Summary 6. Wreckers Cay Development Agreement (07—6451) If approved, the proposed development agreement would: • Provide a duration of 10 years to complete the project. • A maximum of 280 deed-restricted affordable employee housing dwelling units in the following income categories: o 140 moderate income units o 70 median income units; and o 70 low income units. • Allow a maximum height for structures of 38 feet from grade, mechanical equipment and architectural features utilized to hide mechanical equipment, including parapets, may be up to 44 feet above grade. • Outline required County development permits including a major conditional use permit, ROGO allocation awards, and building permits. • Allow for a parking requirement of 1 parking space per 1-bedroom unit; 2 spaces per 2-bedroom unit; and 3 spaces per 3-bedroom unit. • Allow the transfer of 80 market rate TREs to site(s)within Stock Island regardless of zoning category, and the transfer of 18 transient TREs and six hundred seventy-two (672) square feet of Nonresidential Rate of Growth Ordinance ("NROGO") exempt floor area to eligible receiver sites per Monroe County Code Section 138-22 and 138-50. • Provide the reservation or dedication of land to Monroe County for a shoreside access facility open to the public. • Specify that preliminary traffic concurrency shows the proposed development to be within 5%of the adopted LOS C, and that mitigation for impacts will be required prior to commencement of construction. • The County cannot enter into the agreement until the proposed Comprehensive Plan, Land Development Code, Map Amendment and ROW abandonments have become effective. • Once the development agreement is approved by the BOCC, the project will require a Major Conditional Use Permit 7. Monroe County AFH ROGO Reservation -Wreckers Cay(I1—6410) • Requesting a reservation for 280 affordable housing allocations consisting of 70 low income, 70 median and 140 moderate income Proposed Maximum Monthly Rental Rates #Units Low Median Moderate Unit Size 80% 100% 120% 1 BR/1B 96 2 BR/1B 72 Efficiency $1,339 $1,675 $2,010 2 BR/2B 88 1 bedroom $1,530 $1,913 $2,295 2 bedrooms $1,721 $2,153 $2,583 3 BR/2B 24 3 bedrooms $1,913 $2,390 $2,868 4+bedrooms $2,066 $2,583 $3,099 Page 4 of 5 Wrecker's Cay-Stock Island Summary Income Limits for a Single Person Household Low Median Moderate Income Limits for Married or Domestic Partners Size 80% 100% 120% Household Low Median Moderate 1 Persons $53,550 $67,000 $80,400 Size 80% 100% 120% 2 Persons $61,200 $76,500 $91,800 2 Persons $81,600 $102,000 $107,200 3 Persons $68,850 $86,100 $103,320 3 Persons $91,800 $114,800 $122,400 4 Persons $76,500 $95,600 $114,720 4 Persons $102,000 $127,467 $137,760 5 Persons $82,650 $103,300 $123,960 5 Persons $110,200 $137,733 $152,960 6 Persons $88,750 $110,900 $133,080 6 Persons $118,333 $147,867 $165,280 7 Persons $94,900 $118,600 $142,320 7 Persons $126,533 $158,133 $177,440 8 Persons $101,000 $126,200 $151,440 8 Persons $134,667 $168,267 $189,760 • Affordable housing allocations pursuant to Monroe County Code Section 138-24(b)4. LDC Section 138-24(b)4. states: Notwithstanding the provisions of Section 138-26 for awarding of affordable housing allocations, the BOCC may reserve by resolution some or all of the available affordable housing allocations for award to certain sponsoring agencies or specific housing programs consistent with all other requirements of this chapter. Building permits for these reserved allocations shall be picked up within six months of the effective reservation date, unless otherwise authorized by the BOCC in its resolution.The BOCC may,at its discretion, place conditions on any reservation as it deems appropriate. These reservations may be authorized by the BOCC for:...(4) Specific affordable or employee housing programs sponsored by the county pursuant to procedures and guidelines as may be established from time to time by the BOCC; • Current affordable ROGO balance: 337 (112 Very Low/Low/Median; 225 Moderate) Pending projects requiring Affordable ROGOs: Development Allocations Note Monroe County CDBG-DR - 10 (1/22/2020 agenda item for reservation) Conch Key (10 VL/L/Med) Coco Palms project Cudjoe 16 (1/22/2020 agenda item for reservation) (11 V/L/Med; 5 Mod) Wreckers Cay 280 (1/22/2020 agenda item for reservation) (140 V/L/Med; 140 Mod) School Board Sugarloaf 20 (no reservation request yet; BOCC has adopted Comp Plan Subarea Policy for affordable housing on this site) Suncrest Landings Stock (no reservation; building permit already Island 1 submitted and under review) Potential Balance if all above 10 are approved/allocated: (0 V/L/Med; 10 Mod) Page 5 of 5