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Item O05 0.5 t, BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Heather Carruthers,District 3 IleOI1da Keys Mayor Pro Tem 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: 0.5 Agenda Item Summary #6455 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); increases the established maximum net density for affordable housing; increases the height limit in the area; decreases the off-street parking requirements in the area; provides for the transfer of existing TREs 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 Packet Pg. 2343 0.5 density for properties with UR zoning districts, within Stock Island, that apply for and receive a site specific subarea policy as established in the Comprehensive Plan; • A development agreement for the redevelopment of properties collectively known as "Wrecker's Cay," involving 280 affordable dwelling units; 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, and such structures may contain three (3) habitable floors; and the transfer of 80 market rate TREs and 18 transient TREs. 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 Avenue; • A right-of-way abandonment for a portion of Maloney/1st Street; and • ROGO reservation request for 280 affordable units. The Applicant is requesting a text amendment to the Monroe County Comprehensive Plan to create a new goal and objective to incentivize affordable housing on Stock Island, and to establish a site specific subarea policy to accompany a concurrently proposed Land Use District (Zoning) Map amendment from Urban Residential Mobile Home (URM) to Urban Residential (UR) for a portion of the property. The amendment is proposed to establish a site-specific subarea that generally includes the pro ertXdepicted below: w ' a ... �r 'A_ 7 I 1, M y 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 92018-120). Packet Pg. 2387 0.5 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 the 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; V3 0 C .. 111 r"'III rii 6,In m Q Q"air 11 IIN I:m, aii n°m irii x� mm iriN m�urvm�u 2 20 9 Qmm (N" I1"1", lum�b�, 1" d, ic�iriti� 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 Cay project. Additionally, the transferred market rate ROGO-exemptions shall not be used for rentals of less than 28 days. V30 C . m mm Vim,m "II II, Il a m, �I' rii s ii In m m Q Q'III 1p 2 , 200 1"(( n° iiitiI11iiiIm,.iriid,"IIIQic�riti mrxvaiill °am�uirii �m,.IN "mmn° QINum,. ��uiriiQa� I�ii�aii � "IIId, (­."�1�1ucriiQa,' is ()iriN"111[i�]m,. 0:1� "IIIriir�mr Ql111 °^ 1" Np411mmn°md."III Iu"'Ilis �mn°m,.m,.iiiti�m�mQm,.ml. Qllumr b. The Thirty-Two (32) density rights (transferable development rights or TDRs) that exceed the allocated density for the UR zoning for the property of Forty-Eight (48) may be transferred in Stock Island upon approval of a minor conditional use,if deemed to be legally permissible. His E CC aatad at tlmc Transmittal llcaring o�n ! mrugtiiist 21, 20119 to NOT ACCI,7..1. timis PC m ecom,inendatmomm j 3. Amend the proposed Policy 111.1.1 to allow rental units only. V30C ` m a Q m,m �aii Q II a m„r �I' �aiiirii �iiumm�Qaiill IIN :m.�aiin°miriir mmirii - m�urwm�u �t 2 , 200 1"(( rm,. °mmiiiimitiiimm,.iriim,��iG�mmmiriti� Packet Pg. 2345 0.5 Staff edits following the August 21, 2019 Transmittal Hearing and receipt of DEO ORC Report dated November 22, 2019 Staff proposes modifications to the text that was transmitted to DEO following the Transmittal Hearing on August 21, 2019 and receipt of the DEO OC Report dated November 22, 2019. The proposed edits are in response to a comment provided by the Navy with regards to the potential transfer of any existing ROGO exemptions on the Property. Further clarification is proposed to ensure consistency with Comprehensive Plan Policy 101.6.8 and LDC Sections 138-22(b) and 139- 22(b). Additionally, modifications have been made to provide consistency with the Development Agreement(File 2018-143) that will be considered at the January 22, 2020 BOCC meeting. ANALYSIS OF PROPOSED AMENDMENT A full analysis of the proposed amendment is included as the first attachment (Analysis Table, Exhibit 1). The Analysis Table shows the Applicant's original proposed language with staff recommended changes, the Planning Commission's recommendation, the vote of the BOCC on each item at the August 21, 2019 transmittal hearing, the proposed language transmitted to DEO following the transmittal hearing on August 21, 2019 and the proposed language with staff edits for the adoption hearing. At the August 21, 2019 BOCC Transmittal Hearing, the BOCC reviewed the proposed language for the text amendment and voted on each item. The Analysis Table indicates the vote by the BOCC on each goal, objective and policy and criteria within the policy. As shown, the BOCC approved the proposed language with staff recommended changes to the majority of the items. However, the BOCC approved some of the language with changes, such as the ability to transfer ROGO exemptions, and parking requirements. STAFF-RECOMMENDED CHANGES TO PROPOSED AMENDMENT The Applicant's proposed text, as submitted on June 20, 2018 and revised on May 22, 2019, additions are shown in underlined, deletions are sekeii �hf:ee-g4l . Staff proposed amendments are as additions in re( un(lefl�r , deletions are slii el<en....11woiigli.. Following the transmittal hearing on August 21, 2019 and receipt of the ORC Report from DEO, Staff has revised the language with the recommended changes shown in red ldgld�ght as follows: additions in undefl�ne and deletions are 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 101.5.1101.5.20. [F.S. § 163.3177(6)(a)l.] Packet Pg. 2346 0.5 Future Land Use Densities and Intensities Residential 0) Nonresidential Minimum o Open Future Land Use Category rY Allocated Maximum Net Maximum Space Ratio<`> and Corresponding Zoning Density(a) Density<axb) 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 and UR 1du/Iot(URM, (UR)(k)Lnj zoning) URM-L) N/A(IS-D,URM, 0 0.20 2 du/Iot(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. Packet Pg. 2347 0.5 (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. (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 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)Densi1y increase above the max net density provided mily be permitted for a property within a site-specific policy � 1� area 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 Packet Pg. 2348 0.5 7) The subject parcel must comply with Policy 301.2.5 regarding legal access. NOTE: The goal and corresponding amendment to the max net density does not trigger the County's discouragement Ordinance. The discouragement ordinance is only triggered by an increase to allocated density. Goal 111 Monroe County shall manage future growth to enhance the quality of life and safety of County residents, and prioritize the provision of a l'fl i v(J aW e h o u s�a y< that is safe, code compliant, and resilient. To �nceatu ze the siup > y �<I a fiv( aWe hoii s�'ng near enit)kwileat �gaters,....fp« .�:,!! sty shaH p~l<ova(Je fiv to (ley unghut spy 6u"ic �an(p iuse inechankni Hn<a e(l to....(Jensk a'pg• asses iup b� a..maxhiiinn ou"40 au'u"o«cpaW< cpw �U!uyx UPUs p el, wa ldn the Lowe f,'e.'s, jUo( r!fl"w!catjon tg he gljt aw<N:. ah<;mat �<fl��fl ��<<<b� parl<png tg W giiient <,<pivab . ivJ p;p a aTLy....�<p ,fffip<c aWe hoius.�nyx an .:ph<, Aowep. FIds Go fl SIMH on y t<, avaHaWc M VIONI'des wabldn the. p~es, (;I,enti«�....I hg!!...�.p p�� L!11u <v....Lan(p....Use. asestabHshe(l thrgi� gli a ske spe<; is i�berea 1,)�: Hc.y... Obiective 111.1 Monroe County shall create site-specific si bareas located in Stock Island which provide density aDci:«,Is... inn op.... 40 al' e acre ..for developing all'or(laWe...housing m ��uab�;p_ W �:�areas � <;ate(p apt <,�ose...1, <oxmwy 1<2 n <,ippp ip.. Such site specific sp„p areas my facilitate the transfer of ROGO <�<«pwp��u�<r� � F R L,s).112, v vary ofl1 «gib parking «<pU <�«n< , an may allow or in) t�:<....three 3 stories within the iu (frog heht envelope. AH ske spe6fic areas �ocate(l on Stocl< Wan(] shall <eq!p a!v ...a PgHcy cJgfi n-ig.... to <p... p. fiv the sk<;,. Policy 111.1.1 Stock Island Workforce Su barea I Development ol afllo«•< �L �; hoi;us�ag in theStock Island Workforce !<tplrea 1 shall be subject to regulations applicable to the Residential High (1� :I;) 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 Si<barea 1 shall be 80 all'«<°daWe dwe rn l t;rnls at...p �ky ol' 40 dwelling units per biuH(JaWe....acrefi«• 1,)1,QV<;qY:...wk dn the . R zornng c a p ict and shall not require transferable development rights. cpw<��a u x�u�uab �:)r b<ans� ent i;rnb . Packet Pg. 2349 0.5 3 The maxhnum floor area ratj6u (EAID) fiv aH nonrcsdcntid uses wkldn the subarea shaH be zero A shorcsidc supp�:uq fcqc°Hky cissomited wkh a moming figbj inay be Vej2nktcd as c an c cccss� i ass M, 121�:M�l W!i 2 y !L� , � ited WkIl the wreclIers C tldn the R I FLU M and UP ZoWng 1�ktijct 4 The Eigbty (80 red wkldn St6:cl< psi Ind ion qpprov I of a minor conditional use dcvdoj2jj]c!]b ageement asso6ated WkIl the wreclIers CU 1210 A(J(fidon,'Hy, aH of the fe oHo —I(—) —()—W—t 11 L—CY Itt ely W11 I—S 11 11 Ad L11-ILMA Y__ a, No sendeT unks may b� !!­ansfcT'T'cd to an area where there are 41Clladcq�jatc fi16hdcs and scrv�ccs, b, Transfer off fske sluffl conskt cuff`the demohdon ofthe dwcHn2g !uDit QD the sender ske, c, Transfer ol' Lawfiffl Estabhshcd I Jnk T a 'u tralltient ullit. A hawfiffly estabhshed hotd r0onl., inotc� 'ddc s)acc ina be transferred of ske to another hotc inotcp c and­luound or recreadorud L Ll I LC_ic P 111 r_k I hwlltka- market rate unit, A hiwfiffly S.°ja,bhshcd 12guianent inarket rate dwdhng Urn imi be transferred to a remver ske and devek—ed as a inarket unk t)ro6led that one cuff"the foHowlllMc is satisfied- I, A 99 yc,ar deed restTicted affordaWc housmg !qjq, p!jj"suant to Secdons 10 1 1 and 139 1 is redev eke."ed on the sender she, or 2. The sender ske k de(ficated to Monroe County for tl',IC devek inent of affordaWc hous � and an in heu fe based on the current inaxhnuin s,,dcS Mice for a one bedroom affordaWc unk as estabhshed under Secdon 139 1 a' N MM 10 im u trust fund- or the affordaWc how " 3. A 99 year deed restTicted affordaWc housmg ijpit., pgj"suant to Secdons 101 1 and 139 1 �s devekl."ed on a T�cr III nroncriv dwdhn � unk on the sender ske k demohshed and the sender ske k restored, i. The Future Land Use catcgQj�y and Land Use (ZQ12�ng) Dktrict inust aHow the re D__Q_ucStcd me, Packet Pg. 2350 0.5 444. Indudes as lnfrastructurc (pgtaWc wata, adcqujatc wastewater treatment and (fi os',d wastewatel I III I aaupca)t mved roads v, Located wk1dn as T cr III do JgDatcd area, v, Structures are not pocatcd an a vdocky (Y' zone or wkIdn I CBRS unk, vi. Rccc�vcr skes �n tfic Day!!!N�gfit Aye!",Ige SQund LeYd (,I?NL) 65 69 inust k1col orate illeasures to addeve an outdoor to indoor Noke Levd Reducdon (NI 11" ofat icast 25 dB, 6, Rccc�vcr skes �n tfic DNL 70-74 inust �ncorp�2jatc ineasures to addeve an outdoorto indoor N)LR of at icast 35 dB, 6s, Rcccmvcr skes for tramdcDt flomdng �n tfic 75 79 DNL inust ancorpgj-atc ineasures to addeve an outdoorto indoor NLR of at icast 35 dB, cam. ffidkfing pejulks for tfic Cggfjty (�Q) jimij<ct rate dwdHng !q]qa !j'ansleged off ske cannot be ksued untfl tfic 280 affivdaWc dwcHDg UD!ts (Ile ksued bidkfing perinks and obtm"n appjQyed 'I, No certificates of occupancy a!jffl be ksued �)n t1le C�ghly (L) 111,11j<ct rate d�YdUng !!"ansferr ke u aH o ed of f tfic 280 affivdaWc dw dU U D9 PUs rccc�ve a Cad ficate of�2��!Wancy 5 Tlu,; lu,julul of at m, vy mucMI'C' aSSOCAaled vvid'l O'le; of' O'le, wn,1114cr S ( 'a, Nx )ci sfuffl not lim naNtaWc floor area above 38 fect li s.made- inectuit-dcd inent and arclikectur,,d features utiHzed to Idde inectuit-dcd C:il!"u:ulli:)malisc;lit��tic�t�(�� suctl structurc,; macaw v contam three (3) habitable floors. 6 Parking reguirements May b� ymied �n tfic Dcvdgplil�121 (is 112PD2Yd tY lhc Board ofCount.Y Commk6mcrs 7 Nonresidential uses shall be prohibited. Accessory uses to the residential development, such as a club house or recreational facilities, are permitted. A sfiorcsdc supp�:mlj fcacpHk.y (ISS06ated WkIl 'I IMN:)ling fidd may tc, perinkt-ed as an acccss�:)ry !jac, assomited WkIl t1le wr cl<cls CCU wwdn tfic R I i FL UM and Ij R: Zoi-jng !2knict S AH new res dentid unks dcvdq2c.gj wk1dn the Stocl< Is kind World'orce Subarea I sfuffl be subjg t tic tfic; I~pQQC) pejjUk aHocation systgjU Q The protest procedures set forth within Sec. 102-158(d)(8) are applicable to applications submitted under this Policy 111.1.1. 10 A dcv6MIngnt ageement sfuffl be req!dred fg� any IEQV Scd dey6ungnt �:cf an affordaWc nousMg pj,Gjc,c,j wkIdn tfic Stocl< Iskind World'orce Subarea I to define tfic �ng�jng gitcg��j�y (fisuibution for t1le Packet Pg. 2351 0.5 I I Aid new allor(IaWe unks (Jev6 pe l �ykldn the Stocl< Iskin(I World'orce Subarea I shall �2��,!Wants to (Jert ve at ieast seventy cno) �21'then househok] unconie 1'roln gdnlui enipi�:�yjiient in Monrge County, 12 The bgun(lary l'or the Stocl< Wan(] World'orce Subarea I �s �egffly �Jes�jibe(] as- --Vjov�(Je 1'iffl �ega� (Jesciiption ol'the subarea'-'- ansert niap'- 13 The allor(IaWe dwdHng !�nks shaH be renta� unks on�y, ------------------ 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: On August 21, 2019, at a regularly scheduled meeting, the BOCC held a public hearing to consider the transmittal of the proposed text amendment, considered the staff report, and provided for public comment and public participation in accordance with the requirements of state law and the procedures adoption for public participation in the planning process. The BOCC transmitted the proposed amendment to the State Land Planning Agency (DEO) for review and comment. Following their review of the proposed amendment, DEO issued an Objections, Recommendations and Comments (ORC) report on November 22, 2019 (attached). The ORC report did not identify any objections or recommendations. The ORC included one technical comment: Stock Island is within the Military Installation Area of Impact (MIAI). The county has several policies related to reducing and maintain densities within the M[AI and Coastal High hazard I Packet Pg. 2352 0.5 area. The County should consider the 65-69 DNL Noise Zone 2 as they approve receiver sites for the proposed units. Additionally, the county should adopt a map into the Future Land Use series that depicts the proposed subarea and provide a legal description. The County has 180 days from the date of receipt of the ORC to adopt the proposed amendment, adopt the amendment with changes or not adopt the amendment. ORC Response: The County acknowledges receipt of the DEO ORC Report. In response to the reference regarding potential receiver sites for ROGO exemptions transferred from the Wreckers Cay Project site to outside of the project area, the comment is duly noted. The entirety of the Wreckers Cay Project is located in an area determined to be below 65 DNL. The County will conform to policies established within the MIAI and recommends revisions to the proposed amendment to provide clarity. With regards to the adoption of a map, the County will incorporate a legal description, inclusive of any proposed right-of-way abandonments, and a map outlining the property subject to the subarea policy. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Staff is recommending approval of the proposed amendment, with the following changes: 1. Amend language within the proposed site specific subarea Policy 111.1.1 to: a. Indicate that max net density is based on 40 dwelling units per buildable acre for a maximum of 280 affordable dwelling units; b. Modify language related to the transfer of ROGO exemptions to clarify specific criteria that shall remain in effect and apply to such transfers consistent with Comprehensive Plan Policy 101.6.8 and LDC Sections 138-22(b) and 139-2(b); and c. Revise the language related to maximum height for the Wreckers Cay project to remain consistent with the corresponding Development Agreement (File 2018-143). DOCUMENTATION: Analysis_Table_01.22.2020 2018-120_Ordinance 2018-120 BOCC SR 01.22.2020 19-06ACSC (P) ORC Legal_Determination_MoCo_Laurel_Ave FINANCIAL IMPACT: Effective Date: N/A Expiration Date: N/A Packet Pg. 2353 0.5 Total Dollar Value of Contract: N/A Total Cost to County: N/A Current Year Portion: N/A Budgeted: N/A 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: Emily Schemper Completed 01/06/2020 2:46 PM Steve Williams Completed 01/06/2020 3:53 PM Maureen Proffitt Completed 01/06/2020 4:36 PM Assistant County Administrator Christine Hurley Completed 01/07/2020 10:48 PM Budget and Finance Completed 01/08/2020 8:09 AM Maria Slavik Completed 01/08/2020 8:49 AM Kathy Peters Completed 01/08/2020 10:43 AM Board of County Commissioners Pending 01/22/2020 9:00 AM Packet Pg. 2354 YOZVOLOZ)Puawy;xal d0 AollOd eajegng pue fqO`leoE)AL-0 sja)13ajM) [L uolslnab]OZOZ'ZZ'60 algel slsAjeuy:;uawy°euy .0 m � M Y7 N a c U = N G F4 Y W U ryei u u ° m CL ITI O �U N� xU w E o o c a o � = ti.� W O •O O a'i R � �Fr R i O L Q 9 R L r N �I bA O U r t7- > a� o _ J. on •� •�• A CLC SN. 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M NET DENSITY FOR AFFORDABLE �s 16 HOUSING FOR A PROPERTY SUBJECT TO A SITE-SPECIFIC SUBAREA 2 1.7 POLICY ESTABLISHED UNDER PROPOSED OCTAL III OF THE 18 COMPREHENSIVE PLAN; ESTABLISHING GOAL I I I AND OBJECTIVE � 19 111.I. TO INCENTIVIZE AFFORDABLE HOUSING DENSITY BONUSES � 20 THAT EXCEED THE ESTABLISHED MAXIMUM NET DENSITY 21 PROVIDED IN POLICY 101.5.25; AND CREATING POLICY 111.L I STOCK K 22 [SLAND WORKFORCE SUBAREA .1; ESTABLISHING THE BOUNDARY OF � 23 THE STOCK ISLAND WORKFORCE SUBAREA, 1; LIMITING THE 24 PERMITTED USE'S OF THE SUBAREA TO DEED RESTRICTED 25 AFFORDABLE HOUSING DWELLING UNITS; ESTABLISHING MAXIMUM 26 NET DENSITY FOR AFFORDABLE HOUSING, HEIGHT AND OFF-ST ET' � 27 PARKING REQUIREMENTS IN THE SUBAREA; AND ELIMINATING 28 ALLOCATED DENSITY AND FLOOR AREA. RATIO; FOR PROPERTIES � 29 LOCATED AT 5700 LAUREL AVENUE, 6325 FIRST STREET AND 61.25 � 30 SECOND STREET, STOCK ISLAND; AS PROPOSED BY wSI ITII/HAW S, PL 2 31 ON BEHALF OF WRECKERS CAS' APARTMENTS AT STOCK ISLAND„ � 32 LLC; PROVIDING FOR SEVERABILITY; 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 INC"LUSION IN THE MONRO9E COUNTY i 36 COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. (File 37 2018-120) 00 38 cv 39 40 E 41 42 WHEREAS, on June 20, 2018, the Planning and Environmental Resources Department 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 Ord -20�20 Rage I of 10 File 2018-120 Packet Pg. 2363 0.5.b I 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 cv 8 00 9 WHEREAS,the Applicant has also requested a corresponding Land Use District(Zoning) 10 map amendment for the Property from Urban Residential Mobile Home (URM) to Urban I I Residential (UR), and 12 13 WHEREAS, the Monroe County Development Review Committee (DRC) reviewed and 14 considered the proposed amendment at a regularly scheduled meeting held on the 25th day of June, 15 2019; and �s 16 17 WHEREAS, the Monroe County Planning Commission held a public hearing on the July a. 18 31, 2019, for review and recommendation of approval with changes as discussed during the 19 hearing on the proposed Comprehensive Plan text amendment; and 20 (n 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 11 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: 32 33 1. Amend the proposed Policy 111.1.1 to allow a shoreside support facility associated with a Q1 N 34 mooring field as an accessory use within the RH FLUM and UR Zoning District; 00 35 2. Amend the proposed Policy 111.1.1 to state: cv 36 a. The Eighty (80) market rate dwelling units may be transferred within Stock Island 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. 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. Ord -2020 Page 2 of 10 File 2018-120 Packet Pg. 2364 0.5.b 1 3. Amend the proposed Policy 111.1.1 to rental units only. 2 3 WHEREAS,at a regular meeting held on the 21"day of August 2019,the Monroe County 4 Board of County Commissioners held a public hearing to consider the transmittal of the proposed 5 text amendment, considered the staff report and provided for public comment and public 6 participation in accordance with the requirements of state law and the procedures adopted for 7 public participation in the planning process; and 00 8 9 WHEREAS, at the August 21, 2019, public hearing, the BOCC considered the proposed 10 Ordinance and transmitted the proposed text amendment to the State Land Planning Agency; and E 11 x 12 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an 13 Objections, Recommendations and Comments (ORC) report on November 22, 2019, received by U 14 the County on November 22, 2019; and 15 a. 16 WHEREAS, the ORC report did not identify any objections or recommendations; and 17 18 WHEREAS, the ORC report included the following comment: Stock Island is within the 19 Military Installation Area of Impact (MIAI). The county has several policies related to reducing 20 and maintain densities within the MIAI and Coastal High hazard area. The County should consider a 21 the 65-69 DNL Noise Zone 2 as they approve receiver sites for the proposed units. Additionally, 22 the county should adopt a map into the Future Land Use series that depicts the proposed subarea 23 and provide a legal description; and 24 25 WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the 26 proposed amendment, adopt the amendment with changes or not adopt the amendment; and 27 28 WHEREAS,at a regularly scheduled meeting on the 22"d day of January,2020,the BOCC 29 held a public hearing to consider adoption of the proposed Comprehensive Plan text amendment; 30 0 31 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY QI 32 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 33 34 Section 1. The text of the Monroe County Comprehensive Plan is hereby amended as follows 35 (Deletions are shown strike thfeu ; additions are shown underlined): 36 37 Policy 101.5.25 38 Monroe County hereby adopts the following density and intensity standards for the future 39 land use categories, which are shown on the FLUM and described in Policies 101.5.1- 40 101.5.20. [F.S. § 163.3177(6)(a)l.] Ord -2020 Page 3 of 10 File 2018-120 Packet Pg. 2365 Future Land Use Densities and Intensities Residential tut Nonresidential Minimum Future Land Use Open Category and Allocated Maxim u m Space um Net Maxim Corresponding Zoning Density tat Density ta)(b) Intensity 0(0Rati Q (per upland acre) (per buildable (floor area ratio) C14 acre) 00 cv E Residential High (RH) 6 du (UR) 12-25 &1 < (IS-D 1i7, URM, URM-1- I du/Jot(URM, (UR)(k)h,) X and UR zoning) URM-L) N/A (IS-D, URM, 0 0.20 IL 2 du/Iot (IS-D) LJRM-L) 0-10 0-20 .2 0 roorns/spaces rooms/spaces IL Notes: (a) The allocated densities for submerged hinds,salt ponds,freshwater ponds,and mangroves shall be:0 and the inaxirrium net density bonuses shall neat be available. 0 (b) The Maximum Net Density is the:maxiniurn density allowable with the LISCof'TDRs,or for qualifying affordable -- M housing developincril.,TDRs can be utilized to attain the density between the allocated density standard up to the 0 rnaxirnurn net density standard. Deed restricted affordable dwelling units may be built Lip to the rnaxiinurn net density without the use ol"I'DRs, "N/A" fricans that rnaxinlurn net density bonuses shall not be available. Buildable acres, nicans the portion of a parcel of land that is developable and is not required open space. (c) Additional open space requirenients nuay apply based oil environmental protection criteria;in these cases,the mast 0 restrictive requirement shall apply. (d) Future land use categories of Agri culture/AclUaCtilt Lire.Education,Institutional,Preservation,Public 4) Buildings/Lands,and Public Facilities,which have no directly corresponding Zoning, May be used with new of,existing zoning districts as appropriate. (e) Within the Mainland Native future land use district,CaropgrOUnd spaces and nonresidential buildings shall only be 0 pern-nacd for educational,research or sanitary purposes. Q C14 00 T- (f) For properties consisting of hannnocks,pinclands or disturbed wetlands within the Mixed Use/Corninercial and Q Mixed Use/Corrurfercial Fishing future land use categories,the filaXinlUrn floor area ratio shall he 0.10 and the C14 niaxii-num net density bonuses shall not be available. E (g) A mixture of uses shall be inaintairiod for parcels designated as MI zoning district that are within the MC future ca land use category.Working waterfront and water dependent uses,such as marina,fish househriarket,boat repair,boat building,boat storage,or other siniflar,uses,shall cornprise at nrinirauni of 35%ol'the upland area of the property, < ad_jacent to[lie shoreline,pursuant to Policy 101.5,6 (h) In the RV zoning district,corrinlercial apartments shall be allowed,not to exceed 10%of total spaces allowed or in existence on the Site,whichever is less. Or -2020 Page 4 of 10 File 2018-120 Packet Pg. 2366 (i) The allocated density for the C1rSD-20 zoning district(Little Torch Key)shall be I dwelling Unit Per acne,Or I 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 may be used with a Rat future land use designation for platted lots which have a duplex that was lawfully established prior to September 15, 1986. C14 (k) The maximum net density shall be 25 du/buildable acre for the UR zoning district and shall be 18 clu/bUildable acre 00 T- for the MU and SC zoning district for development where all units are deed restricted affordable dwelling units.For the CD C14 UR zoning district market rate housing may he developed as part of an affordable or employee housing project with a maximum net density no 'at exceeding 18 du/buildable acre. C as E (1) Vessels, including five-aboard vessels,or associated wet slips are not considered dwelling units and do not count when calculating density. X 4) CL (rn) Within the Residential I..,ow future land use category,the maximum net density for platted lots of less titian 0.40 gross acres within the SR zoning district shall be I dwelling unit per platted lot,provided all of the following conditions, are filet: 0 CL (n) Density increase above the [Tiax, net density provided rnay.be permitted for as MODerty within a site- specific policy subarea under Goal 111.1. cas 1) The parcel must be One full platted let shown on a plat approved by the County and duly recorded prior to January 2, 1996; C 0 2) The platted lot may not be identified for any other use Of-purpose on the plat (e.g.,"park," "common area,"etc.); -- M 0 3) The platted lot must have a Tier designation of Tier IlL 4) Notwithstanding Policy 101.13.2,the maximurn net density may only be reached with the transtd of one(1)full TDR to the SR lor,regardless of the size of the lot and the allocated density assigned to it; 5) The TDR must fricet all I-CqUirCtnents and procedures specified in Policy 10 1,133 and Section t 30-160 of the Land 3: Development Code; C 6) TDRs under this provision may riot be transferred into noise zones of(75 DNL or C greater;arid M 7) The subject parcel must comply With Policy 301.2.5 regarding legal access, 0 C14 2 3 Goal 111 C14 .;j 4 Monroe County shall rnanage future growth to enhance the quality of life and safety C of Count 0 E 5 residents, and prioritize the provision of affordable housing that is safe,code come pliant, and M 6 resilient. To incentivize the supply of.affordable housing near employment centers, the County 7 shall provide for the development of site-specifie land use rnechanisms, limited to density 8 increases up to a maximurn of 40 affordable dwelfinfz units ver buildable acre, transfer of 9 ROGO exemptions within the Lower Keys, modification to height., and alternate off-street Ord -2020 Page 5 of 10 File 2018-120, Packet Pg. 2367 0.5.b I parking requirements, to augment the development potential to address the inadequate 2 availability of affordable housing in the Lower Keys. 3 4 This Goal shall only be available to properties within the Residential High (RH,) Future Land 5 Use Map (FLUM) category on Stock Island, as established throughe specific subarea 6 policy. 7 00 8 Objective 111.1 9 Monroe County shall create site-specific subareas located in Stock Island which provide 10 density increases up to a maximum of 40 affordable dwelling units per buildable acre for E 11 developing affordable housing in suitable areas located in close proximity to an employment 12 center(Key West . Such sitespecific subareas may facilitate the transfer of ROGO exemptions 0 13 TREs may vary off-street parking requirements, and may allow for up to three 3 stories a. 14 within the building height envelope. All site-specific areas located on Stock Island shall require 15 a Policy defining the development restrictions and allowances for the site. IL 16 17 Policy 111.1.1 Stock Island Workforce Subarea 1 18 Development of affordable housing in the Stock Island Workforce Subarea 1 shall be subject (n 19 to regulations applicable to the Residential High (RH) Future Land Use Designation except as C 20 provided below: 21 22 1. Notwithstanding the density standards set forth in Policy 101.5.25, the Maximum Net 23 Density of the Stock Island Workforce Subarea 1 shall be 280 affordable dwelling units at 24 a density of 40 dwelling units per buildable acre for property within the UR zoningdi strict 25 and shall not require transferable development rights. 26 27 2. There sball be no allocated or maximum net density standard available for market rate 28 dwelling units or transient units. 29 30 3. The maximum floor area ratio (FAR) for all nonresidential uses within the subarea shall be 31 zero. A shoreside support_facility associated with a mooring field may be permitted as an � 32 accessory use associated with the Wreckers Cay project within the RH FLUM and UR 00 Ir- 33 Zoning District. 34 4. The Eighty 80 lawfully established market rate dwelling units mqy be transferred within a 35 Stock Island upon approval of a minor conditional use permit followingthe he approval of a 36 development agreement associated with the Wreckers Cay project. Additionally, all of the 37 following criteria shall apply: 38 39 a. No sender units_maybe transferred to an area where there are inadequate facilities 40 and services. 41 Ord -2020 Page 6 of 10 File 2018-120 Packet Pg. 2368 0.5.b I b. Transfer off-site shall consist of the demolition of the dwelling unit on the sender 2 site. 3 4 c. Transfer of Lawfully Established Unit Types: 5 6 i. Transfer of a transient unit. A lawfully established hotel room, motel 7 room, campground space, or recreational_ vehicle space may be 00 8 transferred off-site to another hotel motel ca!npground or recreational CD 9 vehicle park. 10 0 11 ii. Transfer of a market rate unit. A lawfully established permanent market 12 rate dwelling unit may be transferred to a receiver site and developed as a 13 market unit, provided that one of the following is satisfied: �s 14 1. A 99 year deed-restricted affordable housing unit, pursuant to 15 Sections 101-1 and 139-1, is redeveloped on the sender site; or a. 16 2. The sender _site is dedicated to Monroe County for the 17 development of affordable housing and an in-lieu fee per unit, 18 based on the current maximum sales price for a one-bedroom 19 affordable unit as established under, Section 139-1(a), is paid to 'a 20 the affordable housing trust fund; or ° 21 3. A 99 year deed-restricted affordable housing unit, pursuant to 22 Sections 101-1 and 139-1, is developed on a Tier„IIY propertX cu 23 (single-family residential lots or parcels and the dwelling unit on 0 CD 24 the sender site is demolished and the sender site is restored. 25 26 d. The Receiver Site shall meet all of the following criteria: 27 i. The Future Land Use category and Land Use (Zoning) District must allow 28 the requested use. 29 ii. Must meet the adopted density standards. 30 iii. Includes all infrastructure (potable water, adequate wastewater treatment 31 and disposal wastewater meeting adopted LOS, paved roads, etc.). 32 iv. Located within a Tier III designated area. CDI cv 33 v. Structures are not located in a velocity (V) zone or within a CBRS unit. Ir- 00 Ir- 34 vi. Receiver sites in the Day-Night Average Sound Level (DNL) 65-69 must CD N 35 incorporate measures to achieve an outdoor to indoor Noise Level 36 Reduction (NLR) of at least 25 dB. E 37 vii. Receiver sites in the DNL 70-74 must incolporate measures to achieve an 38 outdoor to indoor NLR of at least 35 dB. 39 viii. Receiver sites for transient housing in the 75-79 DNL must incorporate 40 measures to achieve an outdoor to indoor NLR of at least 35 dB. 41 Ord -2020 Page 7 of 10 File 2018-120 Packet Pg. 2369 0.5.b 1 e. Building_permits for the eight, (80) market rate dwelling units transferred off-site 2 cannot be issued until the 280 affordable dwelling units are issued building permits 3 and obtain approved footer inspections. 4 f. No certificates of occupancy shall be issued on the eighty 80 market rate dwelling 5 units transferred off-site_until all of the 280 affordable dwelling units receive a 6 certificate of occupancy. 7 00 8 5. The height of any new structure associated with the redevelopment of the Wrecker's C4Y 9 Property shall not have any habitable floor area above 38_feet from grade; mechanical 10 equipment and architectural features utilized to hide mechanical equipment, including E 11 parapets, may be to 44 feet above grade; and such structures may contain three (3) 12 habitable floors. 13 14 6. Parking requirements m4y be varied in the Development Agreement as approved by the 15 Board of County Commissioners. a. 16 0 17 7. Nonresidential uses shall be prohibited. Accessory uses to the residential development, 18 such as a club house or recreational facilities are permitted. A shoreside support facility (n 19 associated with a mooring field may be permitted as an accessory use associated with the 20 Wreckers Cay project within the RH FLUM and UR Zoning District. 21 22 8. All new residential units developed within the Stock Island Workforce Subarea 1 shall be e 23 subject to the ROGO permit allocations stem. 24 25 9. The protest procedures set forth within Sec. 102-158(d)(8) are applicable to applications 26 submitted under this Policy 111.1.1. 27 28 10. A_development agreement shall be required for any proposed_development of an 29 affordable housing_project within the Stock Island Workforce Subarea 1 to define the 30 income category distribution for the proposed development. 31 32 11. All new affordable units developed within the Stock Island Workforce Subarea 1 shall 00 It- 33 require occupants to derive at least seventy percent (70%) of their household income 34 from gainful employment in Monroe County. 35 E 36 12. The boundary for Stock Island Workforce Subarea 1 is leery described as: <provide 37 full legal description of the subareas 38 39 <insert maps 40 Ord -2020 Page 8 of 10 File 2018-120 Packet Pg. 2370 0.5.b 1 13. The affordable dwelling units shall be rental units only. 2 3 * * 4 5 Section 2. Severability. If any section, subsection, sentence, clause, item, change, or 6 provision of this ordinance is held invalid,the remainder of this ordinance shall not 7 be affected by such validity. 00 8 9 Section 3. Repeal of Inconsistent„Provisions. All ordinances or parts of ordinances in 10 conflict with this ordinance are hereby repealed to the extent of said conflict. E 11 12 Section 4. Transmittal.This ordinance shall be transmitted by the Director of Planning to the 0 13 State Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes. (s 14 15 Section 5. Filing and Effective Date. This ordinance shall be filed in the Office of the a. 16 Secretary of the State of Florida but shall not become effective until a notice is 17 issued by the State Land Planning Agency or Administration Commission finding 18 the amendment in compliance with Chapter 163, Florida Statutes and after any (n 19 applicable challenges have been resolved. 20 21 Section 6. Inclusion in the Comprehensive Plan.The text amendment shall be incorporated 22 in the Monroe County Comprehensive PIan. The numbering of the foregoing 23 amendment may be renumbered to conform to the numbering in the Monroe County 24 Comprehensive Plan. 25 26 27 28 29 30 31 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 0 i 32 SIGNATURES ON THE FOLLOWING PAGE 33 00 34 35 36 E 37 38 39 40 41 42 Ord -2020 Page 9 of 10 File 2018-120 Packet Pg. 2371 I 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 Heather Carruthers 5 Mayor.Pi-o Tares Michelle Coldiron 6, Commissioner Craig Cates 7 Commissioner David Rice C14 8 Commissioner Sylvia Murphy 00 9 10 11. BOARD OF COUNTY COMMISSIONERS E 12 OF MONROE COUNTY, FLORIDA 13 x 14 15 BY 16 MAYOR HEATHER CARRUTHERS .2 17 0 IL 18 (SEAL) 19 ATTEST: KEVIN MADOK, CLERK 20 21 22 23 DEPUTY CLERK 0 MONROE COUNTY ATT0Rhi,-'y 0 AP# P.0 A I P2F ASSIVANT�N) BAN' Y ATTOANall CY C14 00 C14 E Ord -2020 Page 10 of 10 File 2018-120 Packet Pg. 2372 0.5.c 2 3 ww n^ 04 e 4 MEMORANDUM 00 CD 5 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT 6 We strive to be caring,professional and fair 7 as 8 To: Monroe County Board of County Commissioners 9 CD 10 Through: Emily Schemper, AICP, CFM, Senior Director of Planning & Environmental Resources 11 to 12 From: Cheryl Cioffari, AICP, Assistant Director of Planning 13 CL 14 Date: January 7, 2020 a 15 16 Subject: An Ordinance by the Monroe County Board of County Commissioners amending the 17 Monroe County Comprehensive Plan amending Policy 101.5.25 to allow for a density 18 bonus for site-specific policies, creating Goal 111 and Objective 111.1 to incentivize 19 affordable housing on Stock Island, creating Policy 111.1.1 Stock Island Workforce 0 20 Subarea 1; establishing the boundary of the Stock Island Workforce Subarea 1; limiting M 21 the permitted uses of the subarea to deed restricted affordable housing dwelling units; 0 22 establishing the maximum net density for affordable housing, height and off-street M 23 parking requirements in the subarea; and eliminating allocated density and floor area ratio U 24 for properties located at 6325 First Street, 6125 Second Street and 5700 Laurel Avenue 0 25 on Stock Island as proposed by Wreckers Cay Apartments at Stock Island, LLC. (File a 26 42018-120) 27 28 Meeting: January 22, 2020 29 .4 30 I. REQUEST as 31 32 On June 20, 2018, the Planning and Environmental Resources Department received an application CD 33 from Barton W. Smith of Smith Hawks PL on behalf of Wreckers Cay Apartments at Stock Island, 34 LLC (the "Applicant,") to amend the Monroe County Comprehensive Plan to establish a goal and CD 35 objective that incentivizes affordable housing on Stock Island, and to create a subarea policy that W1 36 would provide additional development restrictions and allowances for properties located at 6325 co 37 First Street, 6125 Second Street and 5700 Laurel Avenue on Stock Island (the "Property"). The U 38 proposed site specific subarea limits the permitted uses of the subarea to deed restricted affordable 0 39 housing dwelling units (workforce); and increases the established the maximum net density for CD1 40 affordable housing, increases the height limit and decreases the off-street parking requirements in the 41 area; provides for the transfer of existing TREs and TDRs in the area and eliminates allocated T_ 42 density and floor area ratio on the Property. 04 43 44 Related Applications E 45 The Applicant has also requested the following: BOCC SR 01.22.2020 Page 1 of 33 File 9 2018-120 Packet Pg. 2373 0.5.c I • A corresponding Land Use District (Zoning) map amendment for the Property from Urban 2 Residential Mobile Home (URM) to Urban Residential (UR) for a portion of the Property; 3 • A text amendment to the Land Development Code Section 130-157 to allow for increased 00 4 density for properties with UR zoning districts, within Stock Island that apply for an receive a Q 5 site specific subarea policy as established in the Comprehensive Plan; 6 • A development agreement for the redevelopment of properties collectively known as "Wrecker's 7 Cay," involving 280 affordable dwelling units; a maximum height for structures of 38 feet from 8 grade, mechanical equipment and architectural features utilized to hide mechanical equipment, 9 including parapets, may be up to 44 feet above grade, and such structures may contain three (3) 10 habitable floors; and the transfer of 80 market rate TREs and 18 transient TREs. The ten year 11 agreement includes a proposed conceptual site plan, with the proposed development pursuant to a 12 the proposed amendments to the Comprehensive Plan and Land Development Code (described 13 above); 14 • A right-of-way abandonment for a portion of Laurel Avenue; (n 15 • A right-of-way abandonment for a portion of Maloney/I" Street; and 16 • ROGO reservation request for 280 affordable units. 17 18 II. BACKGROUND INFORMATION 19 20 Site Information: 21 Location: MM 5, Stock Island 0 22 Address: 6325 First Street, 6125 Second Street and 5700 Laurel Avenue on Stock Island 23 Parcel ID Number: 00124540-000000, 00124550-000000 and 00124560-000000 24 Owner/Applicant: Wrecker's Cay Apartments at Stock Island, LLC 25 Size of Affected Portion of Property: 349,692 SF (8.03 acres) 26 • 00124540-000000: 167,029 SF (3.83 acres) per survey by Robert E. Reece of .2 27 ALTA/NSPS Land Title Survey, dated 4/30/2018; 28 • 00124550-000000: 88,913 SF (2.04 acres) per survey by Robert E. Reece of 29 ALTA/NSPS Land Title Survey, dated 4/30/2018; and 30 • 00124560-000000: 93,750 SF (2.15 acres) per survey by Robert E. Reece of i 31 ALTA/NSPS Land Title Survey, dated 4/30/2018. 32 FLUM Designations: Residential High (RH) 33 Land Use Districts: Urban Residential (UR) and Urban Residential Mobile Home (URM) 34 Tier Designation: III 0 35 Flood Zones: AE(EL 9 and 10) 36 CBRS: No 37 Existing Use: Developed with 3 mobile home parks and accessory uses and structures. 00 38 Existing Vegetation/Habitat: Developed Land and Mangrove N 39 Community Character of Immediate Vicinity: Adjacent land uses include nonresidential to the 40 north and west, residential and public uses to the south; and open water to the east across US 1. E 41 BOCC SR 01.22.2020 Page 2 of 33 File 9 2018-120 Packet Pg. 2374 O.5.c I The property currently has a Land Use District (Zoning) designation of Urban Residential (UR) and 2 Urban Residential Mobile Home (URM) and a Future Land Use Map (FLUM) designation of 0 3 Residential High (RH). The property was within the URM (urban residential mobile home) district 4 prior to September 15, 1986. With the adoption of the Comprehensive Plan's FLUM in 1997, the C& CD 5 property was given the current FLUM designation of Residential High (RH). 6 7 The property was previously developed with three (3) mobile home parks locally known as Waters 8 Edge Colony Trailer Park, Tropic Palms Mobile Home Park and Woodson's Trailer Park and Q r 9 accessory uses and structures. A vegetation survey/existing conditions report was not submitted with X 10 the application to confirm the habitats. 11 U 12 The Applicant is requesting a text amendment to the Monroe County Comprehensive Plan to create a 13 new goal and objective to incentivize affordable housing on Stock Island, and to establish a site °a 14 specific subarea policy to accompany a concurrently proposed Land Use District (Zoning) Map cc 15 amendment from Urban Residential Mobile Home (URM) to Urban Residential (UR) for a portion cc 16 of the property. The amendment is proposed to establish a site-specific subarea that generally in 17 includes the property depicted below: O r�. 0 s � 31, f U r , _C �:- `r O O 93dG� q3 ` N cli h. CD 18 19 O 20 In the application materials, the Applicant states that the reason for the proposed amendments is of 21 "The Stock Island area serves primarily as a workforce community for employment centers in Key 22 West and Marathon, and the proposed Amendment will bolster the ability for residents to obtain C& CD 23 affordable housing in proximity to Key West and Marathon employment centers." N 24 m 25 The Applicant states: E r r Q BOCC SRO 1.22.2020 Page 3 of 33 File #2018420 Packet Pg. 2418 The basis for the anicndment is a change in projections, changed assumptions, new issues affecting the Florida Keys and the recognition of a need for additional detail or C14 comprehensiveness, This text amendment Application amends, Objective 107.1 of the Comp Plan to add Policy 107.1.7 Stock Island Workforce Area I — 'To Provide 00 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, E under the current Comprehensive Plan and absent the Policy, the County and Applicant are < unable to provide or construct, X It is well established that prior to, 1-furricane In-na the affordable housing shortage in the 1 0 IL surrounding areas of the Property were staggering. According to Monroe County's Housing Strategy produced after Hurricane Irma, "[many ]any of the business sectors in the .2 Florida Keys, including professional services, retail trade, tourism and health care:, find it 0 increasingly difficult to attract and maintain workers." As stated in both the Affordable 2 ... 3 4 The Applicant's full explanation and justification of the proposed amendments is included in the file 5 for the application (File 42018-120). 6 7 Staff has reviewed the Applicant's position and supporting documentation, and agrees with the 0 8 position that inadequate availability of affordable housing is currently a primary issue facing -- 9 permanent residents of unincorporated Monroe County. In 2015, the BOCC acknowledged the 0 10 County's workforce housing issues and adopted Resolution 189-2015, assigning additional duties to 11 the Affordable Housing Advisory Committee directing the committee to make recommendations for 12 steps the County may take to address the need for more workforce housing options. The committee 13 presented their recommendations to the BOCC at their regular meeting on August 17, 2016. The 0 14 BOCC held a special meeting on December 6, 2016, to discuss the recommendations, and provided 15 direction to staff to move forward on several measures to encourage and incentivize the provision of 16 affordable and workforce housing within the County. 17 18 The 2014 ALICE report indicates that renters in the Lower Keys areas are significantly housing > 19 burdened over 35%, as follows: by 68% in Key West, by 69% in Stock Island, by 72% in Big 20 Coppitt, by 56% in the Lower Keys and by 42% in Big Pine Key. C14 21 Q ri KEYFACTSAND MACE STAIISTICS FOR NIONR0E C01,7N"FY C14 C14 . .................................. ................................................................ thug V, ............ap 20116 $33 12`,,'�'11 "IN 72% der Pkra ��:i—L ....... ......... e,K ounly ------- .......... ........... ............ �aa C14 f $5",)On"uo, Ramr 00 ............... --—---------- 00 3511!/101 56"A6 �o 4 V,4j 42",,'6 22 C14 E BOCC SR 01.22.2020 Page 4 of 33 File 9 2018-120 Packet Pg. 2376 O.5.c ._ .....,m r ------------------- uv"'4Tra~ t _ ✓+rt r,q��i" OdPrJri5"o" f 9,r� d! J:.�. 1,awQ �� Y� p d aPra�!✓o�� fr :P'a w �A�er N v{�sas✓F h r avvrr� ...... 24870.... 9.322. 911 a ., �.35%,,..,. Rn`"X'+r fpl 4�"u If 68", 00 Pei b �r 'ry f rrw11 t aua�ra t rormmum, 00 —p- ry p � r ry ryfPl4#IV ��3 � �'�TpK F f YI �� d' tl r✓�1 J'�ub �4 W �I 0 r'AN� �iJ�;� J fYDO 71 �� F Na 14 JFI fd1J ^'dd9(P. f'Iwj _ _ _ �tiv✓,✓rCd �fP Y ' w)a'ne aw Raar 1 fo3�14 4314 I , 2 4 62"f"w "Vo 4 '�/>< 6"/r, A�A Stractm Island/ Ionrn,„m E V� 2_ '✓re r aYra r h � f"s Poo" 4 I P fir✓ mew, rw u r Orla tG,d aa rOeti wyd$'dF Fyp 1 kµg�ti rvr^d .... ..r...a ✓r 6+�a�6 3 4 5 In 2017, the ALICE Report was updated with information based on 2015 American Community 6 Survey. The new information affirms the trend of increased difficulty in being able to afford safe, a 7 well-constructed affordable housing. Populatiom: 77„482 ii Number of IHlouiseholbds�: 311,391 � Median Household Income: $6,1,020(state aveirage 49,426) � Florida Underemployment Date for 20 1 Via: 11.5% Households Below ALIT E Threshold: '14„5 09(46%) 0 C9 How imainy househ 111 s mire struggling? ALICE is an acrony n for Asset Households by Income, 2007 to 20151 -1919 Limmaiited, Income Constrauned, Enmpllloyed-hOLAselholds that earn 1001% more than the Federal Poverty„ r� Level hv_�nt.Mess than the basic cost 901% q �m of living for the county(the ALII4P01% 0 Threshold„orAT). Conalarned„the A y 2 army nUrnlaer of poverty and ALIIC E � hMselhollds equals the total 60 mCD poprulatron stirurlclliing to affOird CD 50'% s4mm basilic needs The percentage � 59% 5m��ID' N Of houselhollds l-."elo!,v the ALIIC;E c r1m cv Threshold changes over tiiinae ;� 301mm 72V � (left axis„ Value IBaairs,as does the 9L � total) nUmilaer of houselholds(iri,pllmt 20 axis, dotted yellllow line).'Tlhe 10 m Great.Recession,flrorni 200o7 to � � W 2010, caused hardshup for naany ar 2007 2010 2011 2015 CI fanaiilies. Conditions started'taa OEM PovertyuuuuuuuuuuuuuuuuuuuAiuwce Above Ar,,-0,,..,Total rant 00 irnprove iin'2010 aind 2012'foir T_ CD 8 some, but not for all. C14 9 10 E 11 12 BOCC SR 01.22.2020 Page 5 of 33 File 9 2018-120 Packet Pg. 2377 What does it coist C14 to afford the basic inecessities? RIMon1hly CosERBIR" ts The bare-niinin'Wirn HOUsehidd Survival B,Udgetdoes not 11fIdUde Housing $1,635 Chfld Care $1,2100 E any savnigs, leaving a 110Useh,od < Food $1G5 $547 AflneiraNe to Unexpected X expenses.ALICE hOUsehods Transportation $322 S,644 1 0 Health Care s,l,C,5 3634 (L typically earn above the Federal - Poverty ILevel of$11,770 fora Nscellaneous 1 $221 $522 $ sample acluft T6xes $361 564 and $24,250 fo,ir a - 0 Monthilly Tot�all $2,434 $5,746 (L farnfly0f fOUr, but Iliess than the ANNUAL TOTAL $29,208 $63,952 Household Survival Budget. - $11,770 $24,250 Sow-ces 2015'Pomt-m-Time D,91,9 Amencan Community Sunvey.ALfG'E Dvxnogvaphl cs•Amencan GoawmwP( Supley,the ALfCE Tfweshod Budgpu U S Depoetment of`Housrngand Urban Devebpmeml(HUD),U.S. Depa&rnent ofAgr6cutwe of Lzboi StatrsUcs(BL,15H;fntenisJ Favemie,Serme Fkanda Department ofEduaqtrark,Office,at Esuly Levowing. 2 0 3 Furthermore, Monroe County suffered the loss of a significant number of housing units due to 0 4 damage caused by Hurricane Irma on September 10, 2017. The BOCC has acknowledged that the 5 pre-existing affordable housing issues facing the County are even greater and more immediate now 6 due to storm-related losses. 7 8 While staff agrees with the position that inadequate availability of affordable housing is currently a 0- 9 primary issue facing unincorporated Monroe County, staff is also reviewing the proposed 10 amendment for consistency with State Statutes, Rules, internal consistency with the Comprehensive ;=1 11 Plan and balancing all the requirements and policy issues. 12 13 Concept Meeting 14 In accordance with LDC Section 102-158(a), a concept meeting was held on August 27, 2018 to 15 discuss proposed Comprehensive Plan text amendment. It was determined that the proposed text CD 16 amendment will not have a county-wide impact because the proposed amendment establishes a Goal C� 17 for Stock Island to incentivize affordable housing and the associated subarea policy is site specific 18 and limited to three (3)parcels. 19 20 Community Meeting 21 A community meeting was held on April 30, 2019 to discuss proposed Comprehensive Plan text 0 22 amendment. Public comment included concerns about potential maximum net density, market- 23 rate/workforce as provided under LDC Section 139-1, reason for inclusion of suburban commercial 00 24 (SC) zoning district, rental/ownership of units, definition of workforce housing, transferring Ir- 25 allocated density, impact to protest procedure, and internal consistency between proposed goal, 26 objective and policy. 27 E 28 29 BOCC SR 01.22.2020 Page 6 of 33 File 9 2018-120 Packet Pg. 2378 0.5.c I Planning Commission and Public Input 2 On July 31, 2019, at a regular public meeting, the Planning Commission held a public hearing 3 regarding the proposed amendment and provided for public comment. The Planning Commission 4 considered the application, the staff report, and the comments from the public in their 00 5 discussion, and recommended approval with changes, as discussed at the public hearing, of the E 6 proposed CP text amendment (Resolution P29-19). The Planning Commission's recommended 7 changes are as follows: E 8 9 1. Amend the proposed Policy 111.1.1 to allow a shoreside support facility associated with a X 10 mooring field as an accessory use associated with the Wreckers Cay project within the RH 11 FLUM and UR Zoning District; 12 2. Amend the proposed Policy 111.1.1 to state: 2 c� 13 a. The Eighty (80) market rate dwelling units (ROGO-exemptions) may be transferred c 14 within Stock Island upon approval of a minor conditional use following the approval of a 15 development agreement associated with the Wreckers Cay project. Additionally, the 16 transferred market rate ROGO-exemptions shall not be used for rentals of less than 28 17 days. 18 b. The Thirty-Two (32) density rights (transferable development rights or TDRs) that 19 exceed the allocated density for the UR zoning for the property of Forty-Eight (48) may 0 20 be transferred in Stock Island upon approval of a minor conditional use, if deemed to be 21 legally permissible. 22 3. Amend the proposed Policy 111.1.1 to allow rental units only. 23 24 Previous Relevant BOCC Action: 0 25 On August 21, 2019, at a regularly scheduled meeting, the BOCC held a public hearing to consider 26 the transmittal of the proposed text amendment, considered the staff report, and provided for 27 public comment and public participation in accordance with the requirements of state law and the 28 procedures adoption for public participation in the planning process. The BOCC transmitted the 29 proposed amendment to the State Land Planning Agency (DEO) for review and comment. .2 30 31 Following their review of the proposed amendment, DEO issued an Objections, Recommendations 32 and Comments (ORC) report on November 22, 2019 (attached). The ORC report did not identify N 33 any objections or recommendations. The ORC included one technical comment: 34 �! 35 Stock Island is within the Military Installation Area of Impact (MIAI). The county has i 36 several policies related to reducing and maintain densities within the MIAI and Coastal 37 High hazard area. The County should consider the 65-69 DNL Noise Zone 2 as they 38 approve receiver sites for the proposed units. Additionally, the county should adopt a 0 39 map into the Future Land Use series that depicts the proposed subarea and provide a i 40 legal description. 41 00 42 The County has 180 days from the date of receipt of the ORC to adopt the proposed amendment, 43 adopt the amendment with changes or not adopt the amendment. 44 E 45 46 BOCC SR 01.22.2020 Page 7 of 33 File 9 2018-120 Packet Pg. 2379 0.5.c I ORC Response: 2 The County acknowledges receipt of the DEO ORC Report. In response to the reference regarding 3 potential receiver sites for ROGO exemptions transferred from the Wreckers Cay Project site to 4 outside of the project area, the comment is duly noted. The entirety of the Wreckers Cay Project is 00 5 located in an area determined to be below 65 DNL. The County will conform to policies established 6 within the MIAI and recommends revisions to the proposed amendment to provide clarity. 7 E 8 With regards to the adoption of a map, the County will incorporate a legal description, inclusive of 9 any proposed right-of-way abandonments, and a map outlining the property subject to the subarea X 10 policy. 11 12 III. PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENTS 2 13 a 14 The Applicant's proposed text is shown as follows: additions are in underlined, deletions are stfiekeii 2 15 t4fettgh. 16 17 Policy 101.5.25 18 Monroe County hereby adopts the following density and intensity standards for the future land use 19 categories, which are shown on the FLUM and described in Policies 101.5.1101.5.20. [F.S. § 0 20 163.3177(6)(a)1.] 21 Future Land Use Densities and Intensities Residential Nonresidential Minimum Future Land Use Category Open and Corresponding (a) Space Ratio .� p g Allocated Density Maximum Net Maximum <�> Zoning (per upland acre) Density(a)(b) Intensity (per buildable acre) (floor area ratio) g a� Agriculture/Aquaculture 0 du N/A 0.25 Per (A)(d) 0 rooms/spaces N/A underlying (no directly corresponding zoning Q zoning) cy Airport(AD) 0 du N/A 0.10 0.20 I (AD zoning) 0 rooms/spaces N/A I Commercial(COMM) 0 du N/A 0.15-0.50 0.20 0 (Cl and C2 zoning) 0 rooms/spaces N/A I cv Conservation(C) 0 du N/A 0.05 0.90 00 (CD zoning) 0 rooms/spaces N/A Education(E)(d) 0 du N/A 0.30 Per (no directly corresponding 0 rooms/spaces N/A underlying E zoning) zoning BOCC SR 01.22.2020 Page 8 of 33 File 9 2018-120 Packet Pg. 2380 0.5.c Industrial(I) 1 du 2 du 0.25-0.60 0.20 (I and MI zoning) 0 rooms/spaces N/A Institutional(INS)(d) 0 du N/A 0.30 Per 00 (no directly corresponding 15 rooms/spaces 24 rooms/spaces underlying zoning) zoning as Mainland Native(MN) 0.01 du N/A 0.95-0.99 (MN zoning) 2 spaces(e) N/A 0.03 X IL Military(M) 6 du 12 du 0.30-0.50 0.20 (MF zoning) 10 rooms/spaces 20 rooms/spaces ca 0 IL Mixed Use/Commercial 1 du(DR,MU,MI) 2 du(MI) 0.10-0.45 (MC)(f)(g) 3 du(SC) 6-18 du(SC)(k (SC,UC,DR,MU) (SC,UC,DR,RV,MU and 6 du(UC) 12 du(UC) MI zoning) Commercial 12-18 du(MU)(k)Lnj <2,500 SF(RV) 0.20 Apartments 18 du(DR) (RV)(h) 0.30-0.60(MI) 5-15 rooms/spaces 10-25 rooms/spaces 0 Mixed Use/Commercial 1 du 12 du(CFA,CFSD) Fishing(MCF)(f) (CFSD-20)G) (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 U) Public Buildings/Lands 0 du N/A 0.30 Per (PB)(d) underlying � (no directly corresponding 0 rooms/spaces N/A zoning ri zoning) Public Facilities(PF)(d) 0 du N/A 0.30 Per (no directly corresponding 0 rooms/spaces N/A underlying zoning) zoning CO Recreation(R) 0 du N/A 0.20 0.90 (PR zoning) 2 rooms/spaces N/A C14 00 Residential Conservation 0-0.10 du(OS) N/A 0-0.20 0.95 cv (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 BOCC SR 01.22.2020 Page 9 of 33 File #2018-120 Packet Pg. 2381 O.5.c (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) 00 cv 0 rooms/spaces N/A Residential Medium(RM) 1 du/lot(IS,IS-V,IS- N/A (IS,IS-V,IS-M and IS- M) D G)zoning) 2 du/lot(IS-D) 0 0.20 10 IL 0 rooms/spaces N/A 2 Residential High(RH) 6 du(UR) 12-25 du(UR)(k)Ln 0 IL (IS-D 0),URM,URM-L and ldu/lot(URM,URM- N/A(IS-D,URM, M UR zoning) L) URM-L) 0 0.20 2 2 du/lot(IS-D) 0-20 rooms/spaces 0-10 rooms/spaces a 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 0 requirement shall apply. 2 (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 ri educational,research or sanitary purposes. I (f) For properties consisting of hammocks,pinelands or disturbed wetlands within the Mixed Use/Commercial and Mixed Use/ t!)I 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. 0 I (g) A mixture of uses shall be maintained for parcels designated as MI zoning district that are within the MC future land use cv Ir- category.Working waterfront and water dependent uses,such as marina,fish house/market,boat repair,boat building,boat storage, 00 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. cv (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. BOCC SR 01.22.2020 Page 10 of 33 File #2018-120 Packet Pg. 2382 0.5.c (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 C14 intensity shall not be counted cumulatively). 00 cv (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. �a (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 x �a 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. IL (1) Vessels,including live-aboard vessels,or associated wet slips are not considered dwelling units and do not count when .2 calculating density. IL (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 bonus above the max net densityy provided ma r� be permitted for a property within a site-specific polices under Goal 111. 0 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; 0 C9 2) The platted lot may not be identified for any other use or purpose on the plat(e.g.,"park,""common area,"etc.); e� 3) The platted lot must have a Tier designation of Tier III; ca 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 2 Code; 2 6) TDRs under this provision may not be transferred into noise zones of 65 DNL or greater;and cv 7) The subject parcel must comply with Policy 301.2.5 regarding legal access. cv cv 1 �I 2 3 Goal 111 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 00 8 limitations in Policy 101.5.25 and Section 130-157 of the Land Development Code within aproved Q 9 site-specific areas located on Stock Island. 10 11 Obiective 111.1 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 BOCC SR 01.22.2020 Page 11 of 33 File 9 2018-120 Packet Pg. 2383 0.5.c I areas shall facilitate the transference of ROGO and TDR, varyparking, and allow for three (3) 2 stories within the height envelope based on acceptable data and analysis that evidences the sufficient 3 intermodal transportation including bus stops, bicycle paths, and utilization of scooters. 4 00 5 Policy 111.1.1 Stock Island Workforce Area 1- To provide Limitations on Development and cv 6 Specific Restrictions 7 E 8 Development in the Stock Island Workforce Area 1 shall be subject to regulations applicable to the 9 Residential High Future Land Use Designation except as provided below: X 10 a 11 1. Notwithstanding the density standards set forth in Policy 101.5.25, the Maximum Net Density of 12 the Stock Island Workforce Area 1 shall be 40 dwelling units per acre and shall not require 0 13 transferable development rights. 14 2. The Eighty (80) market rate dwelling units and their associated Eighty (80) allocated density 2 15 rights may be transferred anywhere in the Lower Keys upon application and approval of a minor 16 conditional use. 17 3. Buildings that are voluntarily elevated up to three (3) feet above base flood to be three (3) 18 habitable floors, excluding mechanical components and elevator shafts. 19 4. Parking requirements shall be 1 parking space per one bedroom unit, 1.5 parking spaces per two 0 20 bedroom unit, and 2 parking spaces per three bedroom unit 0 21 5. Nonresidential uses shall be prohibited. Accessory uses to the residential development, such as a 22 club house or recreational facilities, are permitted. 23 6. There shall be no market rate or transient residential units. 24 7. The protest procedures set forth within Sec. 102-158(d)(8) are applicable to applications 25 submitted under this Policy 111.1.1. 26 27 28 IV. ANALYSIS OF PROPOSED AMENDMENT 29 30 Military Installation Area of Impact(MIAI) 31 The proposed text amendment was transmitted to the Commanding Officer of Naval Air Station Key 32 West on February 20, 2019 as required by Comprehensive Plan Objective 108.1 and Policies 108.1.1 33 and 108.1.3. Within 30 days from the date of receipt from Monroe County of proposed changes, the 34 Naval Air Station Key West commanding officer or his or her designee may provide comments to 35 Monroe County on the impact proposed changes may have on the mission of the military �s 36 installation. i 37 38 Comments were provided to the County by the Navy through the DEO ORC Report dated November co 39 22, 2019. The following comment was provided: Q1 40 00 41 Stock Island is within the Military Installation Area of Impact(MIAI). The county has several 42 policies related to reducing and maintain densities within the MIAI and Coastal High hazard 43 area. The County should consider the 65-69 DNL Noise Zone 2 as they approve receiver sites 44 for the proposed units. Additionally, the county should adopt a map into the Future Land Use E 45 series that depicts the proposed subarea and provide a legal description. 46 BOCC SR 01.22.2020 Page 12 of 33 File 9 2018-120 Packet Pg. 2384 O.5.c I Traffic Study and Parking Analysis 2 The submitted Level 3 Traffic Study and Parking Analysis prepared by Trident Engineering dated 3 August 2018 and revised December 2019 has been reviewed by the County's Traffic Engineer. All 4 comments have been adequately addressed. 00 5 6 Proposed Text Amendment Language 7 The following table itemizes the individual components of the Applicant's proposed site specific 8 subarea policy and provides staff s analysis and recommendation for each item: 9 10 The Applicant's proposed text is shown as follows: additions are in underline, deletions are sttiekeii p•Hne(;j: and deletions 12 i iel en lliStaf Staff recommended Staff ecomem recommended changes lowing the transmittalhearing 2 changes ��� � on August 21, 2019 � 13 are show in red ➢dghHght as follows: additions in underHn , deletions are � a 0 a� a� cv ry cv CO i i i cv 00 cv BOCC SR 01.22.2020 Page 13 of 33 File 9 2018-120 Packet Pg. 2385 ((OZL-OLOZ)Puawy;xal d0 A31IOd eajegnS pue fqo`IeoE)AL-O sia)1°ajM) [L uoiSinab]OZOZ'ZZ'LO NS 0009 OZL-8LOZ:;uawyae;]tl rn q N e Iq N O a Y V U C N Gc4 d 0 0 R N U U U xU y ° a a r a od y N ^ A Rgy''oao° o � .aNrot7-'q ° l ti L op W RR R G] WC ti 0 0 0 F � d � ro N r, a �a '° '_¢ A 7 N" o o a N ��LLvKKt7-' 4. 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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 17 00 4 22, 2019, additions are shown in underlined, deletions are stfiekeii �hf:eeo. Staff proposed 5 amendments are as additions in nn,d iun, defli n�. , deletions are s •iel<e ... thin nii:gh. Following the 6 transmittal hearing on August 21, 2019 and receipt of the ORC Report from DEO, Staff has revised 7 the language with the recommended changes shown in red ldgld�ght as follows: additions in E 8 i�nnniefl° nne and deletions are 9 10 ***** 11 Policy 101.5.25 12 Monroe County hereby adopts the following density and intensity standards for the future land use 13 categories, which are shown on the FLUM and described in Policies 101.5.1 101.5.20. [F.S. § a 14 163.3177(6)(a)l.] 2 Future Land Use Densities and Intensities Residential 0> Nonresidential Minimum Future Land Use Category Open 0 and Corresponding (a) Space Ratio p g Allocated Density Maximum Net Maximum Zoning (per upland acre) Density(a)(e) Intensity 0 (per buildable acre) (floor area ratio) 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, UR zoning) L) URM-L) 0 0.20 2 du/lot(IS-D) 2 0-20 rooms/spaces 0-10 rooms/spaces Notes: Q ri cv (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" co means that maximum net density bonuses shall not be available.Buildable acres means the portion of a parcel of land that is 1 developable and is not required open space. w 00 Ir- (c) Additional open space requirements may apply based on environmental protection criteria;in these cases,the most restrictive Q 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. SR BOCC 01.22.2020 Page 22 of 33 File 9 2018-120 Packet Pg. 2394 O.5.c (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/ 00 Commercial Fishing future land use categories,the maximum floor area ratio shall be 0.10 and the maximum net density bonuses Q 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 X Policy 101.5.6. IL I® U (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. 0 IL (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 E designation for platted lots which have a duplex that was lawfully established prior to September 15, 1986. 0 0 (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 g' exceeding 18 du/buildable acre. �a (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: 0 a� (n)Density increase above the max net density provided mawpermitted for a property within a site-specific policy W sGfl area under Goal 111. Q 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; cv cv 2) The platted lot may not be identified for any other use or purpose on the plat(e.g.,"park,""common area,"etc.); I 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; 00 5) The TDR must meet all requirements and procedures specified in Policy 101.13.3 and Section 130-160 of the Land Development Code; C14 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. SR BOCC 01.22.2020 Page 23 of 33 File 9 2018-120 Packet Pg. 2395 2 Goal 111 3 Monroe County shall manage future growth to enhance the quality of life and safety of County 00 4 residents, and prioritize the provision of affiv(JaWe nous�ng that is safe, code compliant, and Ir- 5 resilient. To �ncentjv�ze t1le supp�y �:�faffiv(JaWe li�:)us�'ng near elilvkwngnt �entg!�s tbg C��unty sbaH C 6 prova(Je for flie (lev6:)pment ofske !spe��Ijc kin(I use mectiankins, Hinke(I to (jensky a'ngvases up tin 0 E 7 a maxhnum ol'40 affiv(IaWe (IweMng ijj�jts per buH(JaWe acre, transfer ofROGO exelilvt!�nD� �Ykljn 8 flie Lower f,eys,, jn�:nufificatjon to lieugljt,, an(j ahernate glTstreet parl<i'ng t�� augment x E, 0 9 t1le (ICV6)VI12 ,12! 1, otentjci� to a(Wress t1le �nmleq!jate avaHaHky �21' affiv(JaWe ngusung un flie Lower i IL 10 K 11 .2 0 12 null Cr ga� sn a gn�y v, �k b es wkldn flie Res�(Ientia� I�ag!! E!qure Lan(I Use IL I I I C t�:) 121:21 CEO 13 Map (ELUM) �,Itevu on Stocl< Wan(], as estabklmj tIlrougli a ske spe6fic subarea non 14 15 Obiective 111.1 C 16 Monroe County shall create site-specific subareas located in Stock Island which provide density 17 �ncreases �u) to a maxhnum of 40 affiv(IaWe (1weM'ng !1!2!!� per buH(laWe acre for developing 0 18 affiv(IaWe housing in sukaWe areas �ouite(] an cL2 prominky 1�2 an ei ip il � L2.yl uD! nnnub2n (1!!:0 0 19 Such site specific subareas may facilitate the transfer of ROGO exemp!jp ns y var off 2 20 street parking nnupuuauC and may allow for ut) to three (3) stories within the buH(fing hdg!Lt 21 envelope. AH ske spe6fic areas �ouite(j on Stocl< Iskin(I sluffl ieq!��Iv a Pgky �Jgfink-ig tll� 0 22 (Jeve mjnent resuictions an(j fflowances for flie ske 23 24 Policy 111.1.1 Stock Island Workforce Sui barea I C 25 Development of affiv(JaWe nousk-ig in the Stock Island Workforce Subarea I shall be subject to 26 regulations applicable to the Residential High (1�:I Future Land Use Designation except as provided > 27 below: 28 C14 CD 29 1 Notwithstanding the density standards set forth in Policy 101.5.25, the Maximum Net Density of N ri ri 30 the Stock Island Workforce Subarea I shall be 280 affordaWe d��Hn ��unks at�a (jgnsk ��)f4O Ir- 31 dwelling units per buH(JaWe acre fg, �ykldn to UR z�nt-jng dknict and shall not require 32 transferable development rights. 33 0 34 2 I'liere sluffl be no fflouite(] or maxhnum net (pen sky �jan(jar(j avflkiWe for nmij<et rate (1weMng 35 unks or transaent unks C14 36 00 T- CD 37 3 I'lie maxhnum floor area ratig for aH nonres�(Jentja� uses wkldn the subarea sluffl be zero C14 38 A snores�(Ie suvf)�:uIt CIOHty cissogate(j wkli a mogjng fick] may nay perinkt-e(I as an accessory C 39 Use CISS06ite(] WkIl tne wrecl<CIS Ciy M'Ojg�! Mtldn flie R I FLUM an(j Ij R: Zot-jng I�ktijct E SR BOCC 0 1.22.2020 Page 24 of 33 File 9 2018-120 Packet Pg. 2396 1 4 The Ei ty (80) Lawfu estlibHshed market rate dwelling units may be transferred wlthln Stocl< 2 Iskind u ) Uprov I of a minor conditional t : 1 �22 CD 3 ageement assoclated with the wrecl<ers cay Add: ltlonlffly, aH of the IoH( 1 C14 4 Lilld�" 00 T- CD 5 6 1, Ala sender units nI a y bc ILlinsferred to an areli where there are lnadeq�jlite fiicHltles and 7 servlces, E 8 x 9 b, Transfer offske shliH conslst oft he deilloHtlon oft lie dweHlng !uDlt on the sender ske, 1 0 10 Is IL 11 c, Transfer ol' Lawfiffly L�atlibhshed Unit Type; - 12 0 IL 13 l, a 11-allsient unit, A Lawfiffly e tlibhshed hotd r0mil., motd T ooin 14 na be transferred off slte to 15 another hotd inote cluil-luound or recrelitlonld vehl& DlIrk, 16 17 market rate unit, A Lawfiffly e�tabHshed pel"inlinent inarket rate 18 dwe l"ng I it � 'T, be transferred to a recelver slte and devek Ded as a inarket 0 19 0 20 1, A 99 year deed restticted affordliWe houslng !�Dlt, p!�jsulint to Sectlons 21 101 1 and 119 1 is redevek ed on the sender snc, o 22 2, The sender slte ls de(ficated to Monroe Cot nt y for the devekp!lent of 111 an ln Hu fe- im" milt 23 affordliWe how " and blised on the current 24 lilaxhilmil sldeS Mice for as one bedroom affordliNe unit as estabhshed 25 under Sectlon 139 1(a ll, 111ldd to the affordaWe howiliva trust fund- or 26 3, A 99 year deed restticted affordliWe houslng !�Dlt, p!�jsulint to Sectlons 0 27 101 1 and 139 1 ls cpc;c>c;pcuced on a Tlei I x( )CI 28 res�(lent lld lots oi 1ca11 and the d unit on the sender site ls 29 deilloHshed and the Sender slte is restored, C14 30 CD cv 31 (1, The Recelver Slte shliH ineet aH oft], e 1'( H C14 cr�terla, 32 l, The Future Land Use categgjy and Land Use (Zg!jlng') Dlsttict inust aHow the 33 sted use, 34 l, must ineet the adgp! d ajg]slty ,!lindlirds, 35 lll, Indudes aH lilfrastructure (pgtaWe water., a(leqglite wastewater treatment and 0 36 olids etc;. . CD1 N 37 v, Located wkhln a TleT III (Jes�gDlited area, 00 38 v, Structures are not ioclited ln a vdocky 4 y D.../one or wkhln a "BR S unit, Ir- 39 vl, Recelver skes ln the 1), 69 inust 4i r- 40 lncorr)orlite inelisures to achleve an outdoor to indoor Noke Levd Reductlon 0 E 41 SR BOCC 0 1.22.2020 Page 25 of 33 File 9 2018-120 Packet Pg. 2397 1 6, Rcccivcr skes in the DNL 70-74 inust �ncOMQI-atc ineasures to addeve an outdoor 2 to �ndoor NLR ofat �cast 35 dB, C14 3 6�, Rccc�vcr skes lor trawdent homjng in the 75 79 DNL inust incorporatc Ineasures 00 T- 4 to addeve an outdoor to indoor NLR ofat pcast 35 dB, CD 5 C 6 C, ffidkfing pej!nks for the c�gjity (�Q) Inarl<ct rate dwdHng ijplIs !j'ansferred off site cannot 0 E 7 be ksued untfl the 280 affivdaWc dwcMnu unks are ksued bidkfim wrinks and obtdn 8 'ImProved footer k1wections x 4) 9 f No certificates ofoccupancy �jlffl be ksued gn the clg!lly (�Q) limij<ct rate dwdHng !1!2!!� IL 10 transferred off ske untfl aH of the 280 affordaWc dwcMnu unks rcccavc a certificate of .2 11 occupancy, 0 IL 12 as 13 5 Tlic; lu,juliil of at m, vv mrucW1'C1 aSSOCIalk"d vvidl 0,1c; 1,� �J�,V�,] in�,^;uuo of, O'le, Wn''(14cf-'s Ca' 14 )vc 38 fect IT"Olil arade- Inechal-dc'd c 15 and archkectur,,d leatures uJHzed to Idde inechat-dcd ell'u")1ilent n1dudki, )"11", )ct�; lilcl be C 16 to 44 fect above arade- and such structures 111,,iv conlmn three (3)habitable floors. 17 0 18 6 Parking requirements may tc ymied in the Dcvdopjjl�!]! Aucclllc!I! 'is 1QJ2!X2Yd tY B0,11d Of 0 19 0:)unty C:21jljii ks�'on ci's 20 21 7 Nonresidential uses shall be prohibited. Accessory uses to the residential development, such as a 0 22 club house or recreational facilities, are permitted. A sh:)icsidc suppg,t fiacHky assomited wkh a 23 1110011 1, in,Iy be I clul tied 'Is uI iCcessgiy use ass ited with theWred<cisCIy K ljg�! 24 wkldn the R I i FL UM and U R Zoi-jng 1?kni2t C 25 .2 2 26 8 AH new resudentid unks dcv6 12ccj wkldn the Stod< Iskind World'orce Subarea I shaH b s > 27 to the ROCK-) pg2iik aHocation sy�j�jil 28 29 9 The protest procedures set forth within Sec. 102-158(d)(8) are applicable to applicationscv C� 30 submitted under this Policy 111.1.1. 31 32 10 A deydopIngnt ageement shaH be req!dred for any IEQVa�scd cpcY6cpuu7acnt �:cfan affordaWc 33 housun ect wkldn the Stod< Iskind World'orce Subarea I to define the �ncgmc catcgg� 9 MM y 0 34 (fisuibution for the prgp�:2��d Ly�k2plilent CO I 35 00 devdol W ' h,!H !vg!l!Ic36 11 AH newaffordaWc unks S Ir- CD c YO ick�houschok] �ncomc from flnfid N 37 occul, ants to dert ve at �cast sev nty 1, �21,ti, 9 4i C 38 ciiip�yji]cnt in Mogrge County, 0 E 39 SR BOCC 0 1.22.2020 Page 26 of 33 File 9 2018-120 Packet Pg. 2398 1 12 I'lie boun(lary for flie Stocl< Iskin(I World'orce Subarea I k �egffly �Je� Iibe(] as- flffl 2 �ega� (Jesciiption offlie subarea'­ 14 3 C 00 4 5 6 13 I'lie affor(IaNe dwM�ng !�Dks sluffl be renta� unks on�y, E 7 X 8 1 0 9 (L U 10 VI. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE >% .2 11 STOCK ISLAND-KEY HAVEN LIVABLE COMMUNIKEYS PLAN, THE PRINCIPLES 0 a. 12 FOR GUIDING DEVELOPMENT,AND FLORIDA STATUTES. 13 14 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the 15 Monroe County 2030 Comprehensive Plan. Specifically, it furthers: 16 17 Goal 101: Monroe County shall manage future growth to enhance the quality of life, ensure the 0 18 safety of County residents and visitors, and protect valuable natural resources. 0 19 20 Objective 101.3 21 Monroe County shall regulate new residential development based upon the finite carrying 22 capacity of the natural and man-made systems and the growth capacity while maintaining a 0 23 maximum hurricane evacuation clearance time of 24 hours. 24 25 Policy 101.3.3 26 Monroe County shall allocate at least 20% of the annual allocation, or as may be established by 27 the State of Florida, pursuant to Administration Commission Rules, to affordable housing units 28 as part of ROGO. Any portion of the allocations not used for affordable housing shall be retained 29 and be made available for affordable housing from ROGO year to ROGO year. Affordable 30 housing eligible for this separate allocation shall meet the criteria specified in Policy 601.1.4 and 31 the Land Development Code, but shall not be subject to the competitive Residential Permit 32 Allocation and Point System in Policy 101.6.4. Any parcel proposed for affordable housing shall 33 not be located within an area designated as Tier I as set forth under Goal 105 or within a Tier III- 34 A Special Protection Area as set forth in Policy 205.1.1. (ni 35 36 Objective 101.5 0 37 Monroe County shall regulate future development and redevelopment to maintain and enhance 38 the character of the community and protect natural resources by providing for the compatible 00 39 distribution of land uses consistent with the designations shown on the Future Land Use Map. 40 41 Policy 101.5.4 42 The principal purpose of the Residential High (RH) future land use category is to provide for E 43 high-density single-family, multi-family, and institutional residential development, including 44 mobile homes and manufactured housing, located near employment centers. SR BOCC 0 1.22.2020 Page 27 of 33 File 9 2018-120 Packet Pg. 2399 0.5.c I Policy 101.6.8 2 Monroe County shall maintain a Transfer of ROGO Exemption (TRE)program, that allows for 3 the transfer off-site of dwelling units, hotel rooms, campground/recreational vehicle spaces 4 and/or mobile homes to another site in the same ROGO subarea,provided that they are lawfully 00 5 existing and can be accounted for in the County's hurricane evacuation model. Dwelling units 6 may be transferred as follows: 7 a. between sites in the Upper Keys ROGO subarea; E 8 b. between sites in the Lower Keys ROGO subarea; 9 c. between sites in the Big Pine Key and No Name Key ROGO subarea; X 10 i. units from the Big Pine Key and No Name Key ROGO subarea may also be 11 transferred to the Lower Keys ROGO subarea. 12 2 13 No sender units may be transferred to an area where there are inadequate facilities and services. 14 Sender Site Criteria: 15 1. Contains a documented lawfully-established sender unit recognized by the County; and 16 2. Located in a Tier I, II, III-A, or III designated area; including any tier within the County's 17 Military Installation Area of Impact(MIAI) Overlay. 18 19 Receiver Site Criteria: 0 20 1. The Future Land Use category and Land Use (Zoning) District must allow the requested 21 use; c 22 2. Must meet the adopted density standards; 23 3. Includes all infrastructure (potable water, adequate wastewater treatment and disposal 24 wastewater meeting adopted LOS,paved roads, etc.); 0 25 4. Located within a Tier III designated area; and 26 5. Structures are not located in a velocity (V) zone or within a CBRS unit. 27 28 GOAL 108 29 The compatibility of lands adjacent to or closely proximate to the Boca Chica airfield of Naval .2 30 Air Station Key West (NASKW) pursuant to Sections 163.3175 and 163.3177, Florida Statutes, 31 shall be achieved through the implementation of the Objectives and Policies, incorporated herein. 32 Achieved is defined as beingconsistent with the Objectives and Policies incorporated herein. N J � � � 33 (Ord. No. 012-2012, DEO 12-lACSC-NOI-4401-(A) (I), eff. 7-19-2012) 34 "! 35 Objective 108.1 i 36 Naval Air Station Key West and Monroe County shall exchange information to encourage 37 effective communication and coordination concerning compatible land uses as defined herein. U� 38 (Ord. No. 012-2012, DEO 12-lACSC-NOI-4401-(A) (I), eff. 7-19-2012) 0 39 00i 40 Policy 108.1.1 41 Monroe County shall transmit to the commanding officer of Naval Air Station Key West 00 42 information relating to proposed changes to comprehensive plans, plan amendments, Future 43 Land Use Map amendments and proposed changes to land development regulations which, if 44 approved, would affect the intensity, density, or use of the land adjacent to or in close proximity E 45 to the Naval Air Station Key West (within the Military Installation Area of Impact (MIAI)). 46 Pursuant to statutory requirements, Monroe County shall also transmit to the commanding SR BOCC 01.22.2020 Page 28 of 33 File 9 2018-120 Packet Pg. 2400 0.5.c I officer copies of applications for development orders requesting a variance or waiver from height 2 requirements within areas defined in Monroe County's comprehensive plan as being in the MIAL 3 Monroe County shall provide the military installation an opportunity to review and comment on 4 the proposed changes. (Ord. No. 012-2012, DEO 12-lACSC-NOI-4401-(A) (I), eff. 7-19- 00 5 2012) 6 7 Policy 108.1.2 8 Monroe County shall coordinate with Naval Air Station Key West and the Department of 9 Economic Opportunity (State Land Planning Agency) to review Best Practices and provide X 10 guidance on recommended sound attenuation options to be identified in development orders for 11 optional implementation in new construction and redevelopment of existing structures in areas 12 located within the MIAI. The list of recommended sound attenuation options may be based on 2 13 the level of noise exposure, level of sound protection, and the type of residential construction or 14 manufactured housing that is proposed. Monroe County and the Naval Air Station Key West will 15 coordinate with the Department of Economic Opportunity to identify state and federal housing 16 programs, and to develop informational literature to inform qualified homeowners of the 17 availability of potential funds for sound attenuation. (Ord. No. 012-2012, DEO 12-lACSC-NOI- 18 4401-(A) (I), ef£ 7-19-2012) 19 0 20 Policy 108.1.3 21 Within 30 days from the date of receipt from Monroe County of proposed changes, the Naval Air 22 Station Key West commanding officer or his or her designee may provide comments to Monroe 23 County on the impact proposed changes may have on the mission of the military installation. 24 Monroe County shall forward a copy of any comments regarding comprehensive plan 0 25 amendments to the state land planning agency. The commanding officer's comments, underlying 26 studies, and reports shall not be binding on Monroe County. Monroe County shall take into 27 consideration any comments provided by the Naval Air Station Key West commanding officer or 28 his or her designee and shall also be sensitive to private property rights and not be unduly 29 restrictive on those rights. (Ord. No. 012-2012, DEO 12-lACSC-NOI-4401-(A) (I), eff. 7-19- .2 30 2012) 31 32 Goal 601: Monroe County shall adopt programs and policies to facilitate access by residents to N 33 adequate and affordable housing that is safe, decent, and structurally sound, and that meets the 34 needs of the population based on type, tenure characteristics, unit size and individual ri 35 preferences. 36 37 Policy 601.1.4 38 All affordable housing projects which receive development benefits from Monroe County, 39 including but not limited to ROGO allocation award(s) reserved for affordable housing, i 40 maximum net density, or donations of land, shall be required to maintain the project as 41 affordable for a period of 99 years pursuant to deed restrictions or other mechanisms specified in 00 42 the Land Development Code, and administered by Monroe County or the Monroe County N 43 Housing Authority. 44 E 45 Policy 601.1.8 SR BOCC 01.22.2020 Page 29 of 33 File 9 2018-120 Packet Pg. 2401 0.5.c I Monroe County shall allocate at least 20% of the annual ROGO allocation, or as may be 2 established by the State of Florida, pursuant to Administration Commission Rules, to affordable 3 housing units, as specified in Policy 101.3.3. Affordable housing eligible for this separate 4 allocation must meet the criteria established in the Land Development Code. 00 5 6 Policy 601.1.9 7 Monroe County shall maintain land development regulations which may include density 8 bonuses, impact fee waiver programs, and other possible regulations to encourage affordable 9 housing. X 10 11 B. The proposed amendment is consistent with the Stock Island Livable Communikeys Plan. 12 Specifically,it furthers: 2 c� 13 a. 14 Action Item 2.3.1 15 Continue to recognize land use districts and FLUM categories as the regulatory tool used for 16 evaluating individual proposals for compliance with land development standards such as type of 17 use and intensity of use. 18 19 Action Item 3.1.1 0 20 Provide a density bonus unique to Stock Island to encourage the development of low to very low 21 income rental housing. 22 23 Strategy 3.3 24 Maintain and improve the existing amount of low to very low affordable housing options. 0 25 26 Action Item 3.4.3 27 Increase density bonuses for low and very low income. 28 29 C. The amendment is consistent with the Principles for Guiding Development for the Florida .2 30 Keys Area, Section 380.0552(7), Florida Statutes. 31 32 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan 33 with the principles for guiding development and any amendments to the principles, the principles 34 shall be construed as a whole and no specific provision shall be construed or applied in isolation "! 35 from the other provisions. i 36 (a) Strengthening local government capabilities for managing land use and development so that 37 local government is able to achieve these objectives without continuing the area of critical U� 38 state concern designation. 0 39 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, i 40 seagrass beds, wetlands, fish and wildlife, and their habitat. 41 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native 00 42 tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and 43 beaches, wildlife, and their habitat. 44 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound E 45 economic development. SR BOCC 01.22.2020 Page 30 of 33 File 9 2018-120 Packet Pg. 2402 0.5.c I (e) Limiting the adverse impacts of development on the quality of water throughout the Florida 2 Keys. 3 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural 4 environment, and ensuring that development is compatible with the unique historic character 00 5 of the Florida Keys. 6 (g) Protecting the historical heritage of the Florida Keys. 7 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and E 8 proposed major public investments, including: 9 10 1. The Florida Keys Aqueduct and water supply facilities; 11 2. Sewage collection, treatment, and disposal facilities; 12 3. Solid waste treatment, collection, and disposal facilities; g 13 4. Key West Naval Air Station and other military facilities; 14 5. Transportation facilities; 15 6. Federal parks, wildlife refuges, and marine sanctuaries; 16 7. State parks, recreation facilities, aquatic preserves, and other publicly owned 17 properties; 18 8. City electric service and the Florida Keys Electric Co-op; and 19 9. Other utilities, as appropriate. 0 20 21 i Protecting and improving water quality b providing for the construction operation, c O g p g q y y p g � 22 maintenance, and replacement of stormwater management facilities; central sewage 23 collection; treatment and disposal facilities; and the installation and proper operation and 24 maintenance of onsite sewage treatment and disposal systems. 0 25 (j) Ensuring the improvement of nearshore water quality by requiring the construction and 26 operation of wastewater management facilities that meet the requirements of ss. 27 381.0065(4)(1) and 403.086(10), as applicable, and by directing growth to areas served by 28 central wastewater treatment facilities through permit allocation systems. 29 (k) Limiting the adverse impacts of public investments on the environmental resources of the .2 30 Florida Keys. 31 (1) Making available adequate affordable housing for all sectors of the population of the Florida 32 Keys. N 33 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of 34 a natural or manmade disaster and for a postdisaster reconstruction plan. ri 35 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and 36 maintaining the Florida Keys as a unique Florida resource. 37 38 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent 0 39 with the Principles for Guiding Development as a whole and is not inconsistent with any i 40 Principle. 41 00 42 D. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute N 43 (F.S.). Specifically, the amendment furthers: 44 E 45 163.3161(4), F.S. — It is the intent of this act that local governments have the ability to preserve 46 and enhance present advantages; encourage the most appropriate use of land, water, and Z SR BOCC 01.22.2020 Page 31 of 33 File 9 2018-120 Packet Pg. 2403 0.5.c I resources, consistent with the public interest; overcome present handicaps; and deal 2 effectively with future problems that may result from the use and development of land within 3 their jurisdictions. Through the process of comprehensive planning, it is intended that units 4 of local government can preserve, promote, protect, and improve the public health, safety, 00 5 comfort, good order, appearance, convenience, law enforcement and fire prevention, and 6 general welfare; facilitate the adequate and efficient provision of transportation, water, 7 sewerage, schools, parks, recreational facilities, housing, and other requirements and E 8 services; and conserve, develop, utilize, and protect natural resources within their 9 jurisdictions. X 10 a 11 163.3161(6), F.S. — It is the intent of this act that adopted comprehensive plans shall have the 12 legal status set out in this act and that no public or private development shall be permitted g 13 except in conformity with comprehensive plans, or elements or portions thereof, prepared c 14 and adopted in conformity with this act. 15 16 163.3177(1), F.S. — The comprehensive plan shall provide the principles, guidelines, standards, 17 and strategies for the orderly and balanced future economic, social, physical, environmental, 18 and fiscal development of the area that reflects community commitments to implement the 19 plan and its elements. These principles and strategies shall guide future decisions in a 0 20 consistent manner and shall contain programs and activities to ensure comprehensive plans 21 are implemented. The sections of the comprehensive plan containing the principles and a 22 strategies, generally provided as goals, objectives, and policies, shall describe how the local 23 government's programs, activities, and land development regulations will be initiated, U) 24 modified, or continued to implement the comprehensive plan in a consistent manner. It is not 0 25 the intent of this part to require the inclusion of implementing regulations in the 26 comprehensive plan but rather to require identification of those programs, activities, and land 27 development regulations that will be part of the strategy for implementing the comprehensive 28 plan and the principles that describe how the programs, activities, and land development 29 regulations will be carried out. The plan shall establish meaningful and predictable standards .2 30 for the use and development of land and provide meaningful guidelines for the content of 31 more detailed land development and use regulations. 32 33 163.3201, F.S. — Relationship of comprehensive plan to exercise of land development regulatory 34 authority. It is the intent of this act that adopted comprehensive plans or elements thereof �! 35 shall be implemented, in part, by the adoption and enforcement of appropriate local i 36 regulations on the development of lands and waters within an area. It is the intent of this act 37 that the adoption and enforcement by a governing body of regulations for the development of U� 38 land or the adoption and enforcement by a governing body of a land development code for an 0 39 area shall be based on, be related to, and be a means of implementation for an adopted °�°i 40 comprehensive plan as required by this act. 41 00 42 VII. PROCESS c„ 43 44 Comprehensive Plan Amendments may be proposed by the Board of County Commissioners, the E 45 Planning Commission, the Director of Planning, or the owner or other person having a contractual 0 46 interest in property to be affected by a proposed amendment. The Director of Planning shall review SR BOCC 01.22.2020 Page 32 of 33 File 9 2018-120 Packet Pg. 2404 0.5.c I and process applications as they are received and pass them onto the Development Review 2 Committee and the Planning Commission. 3 4 The Planning Commission shall hold at least one public hearing. The Planning Commission shall 00 5 review the application, the reports and recommendations of the Department of Planning & 6 Environmental Resources and the Development Review Committee and the testimony given at the 7 public hearing. The Planning Commission shall submit its recommendations and findings to the 8 Board of County Commissioners (BOCC). The BOCC holds a public hearing to consider the 9 transmittal of the proposed comprehensive plan amendment, and considers the staff report, staff X 10 recommendation, and the testimony given at the public hearing. The BOCC may or may not 11 recommend transmittal to the State Land Planning Agency. The amendment is transmitted to State 12 Land Planning Agency, which then reviews the proposal and issues an Objections g 13 Recommendations and Comments (ORC) Report. Upon receipt of the ORC report, the County has 14 180 days to adopt the amendments, adopt the amendments with changes or not adopt the 15 amendment. 16 17 VIIL STAFF RECOMMENDATION 18 19 Staff is recommending approval of the proposed amendment, with the following changes: 0 20 21 1. Amend language within the proposed site specific subarea Policy 111.1.1 to: c 22 a. Indicate that max net density is based on 40 dwelling units per buildable acre for a 23 maximum of 280 affordable dwelling units; 24 b. Modify language related to the transfer of ROGO exemptions to clarify specific 25 criteria that shall remain in effect and apply to such transfers consistent with 26 Comprehensive Plan Policy 101.6.8 and LDC Sections 138-22(b) and 139-2(b); and 27 c. Revise the language related to maximum height for the Wreckers Cay project to 28 remain consistent with the corresponding Development Agreement (File 2018-143). 29 30 VIIL EXHIBITS 31 Q ri 32 1. DEO ORC Report dated 11.22.2019 N 33 2. Analysis Table with Votes 34 3. Ordinance cas i i N 00 cv SR BOCC 01.22.2020 Page 33 of 33 File 9 2018-120 Packet Pg. 2405 0.5.d DRon DeSantis Ken Lawson GOVERNOR EXECUTIVE DIRECIOR FLORIDA DEPARTMENTrf ECONOMIC OPPORTUNITY November 22, 2019 cv The Honorable Heather Carruthers Mayor, Monroe County 102050 Overseas Hwy, Suite 234 Key Largo, Florida 33037 x Dear Mayor Carruthers: The Department of Economic Opportunity ("Department") has completed its review of 2 0 the proposed comprehensive plan amendment for Monroe County (Amendment No. 19- 06ACSC), which was received and determined complete on September 24, 2019. We have reviewed the proposed amendment in accordance with the state coordinated review process set forth in Sections 163.3184(2) and (4), Florida Statutes (F.S.), for compliance with Chapter 163, Part II, F.S. a The attached Objections, Recommendations, and Comments Report outlines our findings concerning the amendment. The Department does not identify any objections to the proposed amendment. However, the Department is providing a comment. The comment is offered to assist the local government but will not form the basis for a determination of U whether the amendment, if adopted, is "In Compliance" as defined in Section 163.3184(1)(b), 0 F.S. Copies of comments received by the Department from reviewing agencies, if any, are also enclosed. �s The County should act by choosing to adopt, adopt with changes, or not adopt the proposed amendment. For your assistance, we have enclosed the procedures for adoption and transmittal of the comprehensive plan amendment.The second public hearing, which shall be a hearing on whether to adopt one or more comprehensive plan amendments, must be held U within 180 days of your receipt of the Department's attached report, or the amendment will be deemed withdrawn unless extended by agreement with notice to the Department and any affected party that provided comment on the amendment pursuant to Section 163.3184(4)(e)1., F.S. E Florida Department of Economic Opportunity I Caldwell Building 1 107 E. Madison Street I Tallahassee, FL 32399 850.245,7105 I wwwfloridA www,twitter.com/FLDEO i .facebook.com/FLDEO An equal opportunity employer/program.Auxiliary aids and service are available upon request to individuals with disabilities.All voice telephone numbers on this document may be reached by persons using TTY/TTD equipment via the Florida Relay Service at 711.. Packet Pg. 2406 The Honorable Heather Carruthers NoVennber22, 2019 Page 2mf2 Department staff is available to assist the County tn address the comment. |f you have any questions related to this review, please contact Justin StieU, Planning Analyst, by telephone at (@5O) 717-8523orby email aL 'ustin.sbe||@dep.mnvDohdm.comm. Sincerely, � 00 mes D. Stansbury, Chief E ureau of[ornrnunity Planning and {Srovv1h -~ JDS�� mL '" Enclosures: Objections, Recommendations, and Comments Report .0 Procedures for Adoption Reviewing Agency Comments cc: Christine Hurley, County Administrator, Monroe County Isabel CosioCarba||o, Executive Director, South Florida Regional Planning Council .� 0 Packet Pg. 2407 `~ � Objections, Recommendations and Comments Report Proposed Comprehensive Plan Amendment Monroe County 19-06ACSC The Department has identified a comment regarding Monroe County's proposed comprehensive plan amendment.The comment is provided below, along with recommended actions the County could take to resolve issues of concern. Comments are offered to assist the local government and will not form the basis for a compliance determination. 00 Department staff has discussed the basis of the report with County staff and is available to assist the County to address the comment. E Comment 1: Stock Island is within the Military Installation Area of Impact(MIAI).The county has x 1 0 several policies related to reducing and maintaining densities within the MIAl and Coastal High (L hazard area. The county should consider the 65-69 DNL Noise Zone 2 as they approve receiver sites for the proposed units. Additionally, the county should adopt a map into the Future land use series that depicts the proposed subarea and provide a legal description. 0 0 E Packet Pg. 2408 0.5.d SUBMITTAL OF ADOPTED COMPREHENSIVE PLAN AMENDMENTS FOR STATE COORDINATED REVIEW Section 163.3184(4), Florida Statutes cv 00 Ir- NUMBER OF COPIES TO BE SUBMITTED: Please submit three complete copies of all comprehensive plan materials, of which one complete paper copy and two complete electronic copies on CD ROM in Portable Document Format (PDF) to the Department of Economic E Opportunity and one copy to each entity below that provided timely comments to the local government:the appropriate Regional Planning Council; Water Management District; IL Department of Transportation; Department of Environmental Protection; Department of State; the appropriate county (municipal amendments only);the Florida Fish and Wildlife IL Conservation Commission and the Department of Agriculture and Consumer Services (county plan amendments only); and the Department of Education (amendments relating to public schools); and for certain local governments, the appropriate military installation and any other �s local government or governmental agency that has filed a written request. a SUBMITTAL LETTER: Please include the following information in the cover letter transmitting the adopted amendment: Department of Economic Opportunity identification number for adopted amendment package; Summary description of the adoption package, including any amendments proposed but not adopted; Ordinance number and adoption date; _ �s Certification that the adopted amendment(s) has been submitted to all parties that U provided timely comments to the local government; Name,title, address, telephone, FAX number and e-mail address of local government contact; Letter signed by the chief elected official or the person designated by the local government. . ...... .......... - _.........._..__ ..... ... _ _._.._ ...........................a_ _....._ ......_�._. Effective:June 2, 2011(Updated June 2018) Page 1 of 2 Packet Pg. 2409 O.5.d ADOPTION AMENDMENT PACKAGE: Please include the following information in the amendment package: In the case of text amendments, changes should be shown in strike-through/underline format; In the case of future land use map amendment, an adopted future land use map, in color format,clearly depicting the parcel, its existing future land use designation, and its 00 adopted designation; A copy of any data and analyses the local government deems appropriate. Note: If the local government is relying on previously submitted data and analysis, no additional 0 data and analysis is required; IL U Copy of executed ordinance adopting the comprehensive plan amendment(s); . IL Suggested effective date language for the adoption ordinance for state coordinated review: "The effective date of this plan amendment, if the amendment is not timely challenged, (n shall be the date the state land planning agency posts a notice of intent determining that this amendment is in compliance. If the amendment is timely challenged, or if the state land planning agency issues a notice of intent determining that this amendment is not in compliance, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or development dependent on this amendment may be issued or commence before it has become effective. " List of additional changes made in the adopted amendment that the Department of U Economic Opportunity did not previously review; List of findings of the local governing body, if any,that were not included in the �s ordinance and which provided the basis of the adoption or determination not to adopt the proposed amendment; Statement indicating the relationship of the additional changes not previously reviewed by the Department of Economic Opportunity to the ORC report from the Department of E Economic Opportunity. ........ - _ ........... ....... .......-__.. _. _ _........ E ectfve:June 2, 2022 (Updated June 2018) Page 2 of 2 Packet Pg. 2410 0.5.d County of Monroe Planning&Environmental Resources DepartmentBoard of County Commissioners: Marathon Government Center a4 ray ` Mayor Sylvia J.Murphy,District 5 2798 Overseas Highway,Suite 400 Mayor Pro Tern Danny L.Kolhage,District I Marathon,FL 33050 Michelle Coldiron,District 2 Voice: 305)289-2500 Heather Carruthers,District 3 ( ti" 1 1 , David Rice,District 4 FAX: (305)289-2536 �� � � We strive to be caring,professional,and fair. cv 00 Sent via Certified Mail#70190140000112252773 cv September 17,2019 Ray Eubanks,Plan Processing Administrator Department of Economic Opportunity x Community Planning and Development IL 107 East Madison Street t.3 Caldwell Building, MSC 160 Tallahassee,FL 32399 0 IL Monroe County Year 2030 Comprehensive Plan Lftogosed Amendmegft,:-Trans ittai Dear Mr.Eubanks, Pursuant to Chapter 163.3184(4), Florida Statutes, the Monroe County Planning Department acting within the jurisdictions of the Florida Keys Area of Critical State Concern (designated pursuant to Section 380,05, F.S.), hereby transmits one(1)hard copy and two(2)compact disks of the proposed amendments to the Monroe County Year 2030 Comprehensive Plan. These amendments are subject to the State Coordinated Review Process,Section 163.3184(4), Florida Statutes, and the County requests the State Land Planning Agency to formally review the proposed Comprehensive Plan amendments. Copies of the entire amendment packages, including the supporting data and analysis, are also being provided to the South Florida Regional Planning Council,Department of State Florida Bureau of Historic Preservation,Florida Fish and Wildlife Conservation Commission, Department of Agriculture and Consumer Services, Florida Department of Environmental Protection, Florida Department of Transportation, United States Navy(Naval Air Station Key West—Boca Chica), South Florida Water Management District, City of Key Colony Beach,Village of Islamorada,City of Layton, City of Marathon and the City of Key West. Page 1 of 3 Packet Pg. 2411 The following table summarizes the items in the proposed amendment package: PC BOCC BOCC Amendment Name Description Hearing Transmittal Adoption Date Hearing Hearing Date Date AN ORDINANCE BY THE MONROE C14 COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE 00 MONROE COUNTY COMPREHENSIVE 07.31.19 08.21.19 cy PLAN POLICY 101.5,25 TO PROVIDE A DENSITY BONUS ABOVE THE Policy 101.5.25 of the MAXIMUM NET DENSITY FOR E 2030 Monroe County AFFORDABLE HOUSING FOR A Comprehensive Plan PROPERTY SUBJECT TO A SITE- x SPECIFIC SUBAREA POLICY 1 0 ESTABLISHED UNDER PROPOSED (L GOAL 111 OF THE COMPREHENSIVE PLAN; ESTABLISHING GOAL 111 AND OBJECTIVE 111.1 TO INCENTMZE 0 AFFORDABLE HOUSING DENSITY (L BONUSES THAT EXCEED THE ESTABLISHED MAXIMUM NET DENSITY PROVIDED IN POLICY 101.5.25; AND CREATING POLICY 111.1.1 STOCK ISLAND WORKFORCE SUBAREA 1; ESTABLISHING THE BOUNDARY OF THE STOCK ISLAND 0 WORKFORCE SUBAREA 1; LIMITING THE PERMITTED USES OF THE 0 SUBAREA TO DEED RESTRICTED AFFORDABLE HOUSING DWELLING UNITS,-ESTABLISHING MAXIMUM NET DENSITY FOR AFFORDABLE HOUSING, HEIGHT AND OFF-STREET PARKING REQUIREMENTS IN THE SUBAREA; AND ELIMINATING ALLOCATED DENSITY AND FLOOR AREA RATIO; FOR PROPERTIES LOCATED AT 5700 LAUREL AVENUE, 6325 FIRST STREET 0 AND 6125 SECOND STREET, STOCK ISLAND; AS PROPOSED BY SMITH/HAWKS, PL ON BEHALF OF WRECKERS CAY APARTMENTS AT STOCK ISLAND,LLC E Thank you in advance for your timely review of these materials. Should you have any questions about the proposed amendments, please contact Cheryl Cioffari, Assistant Director of Planning at (305) 289-2500 or cioffari- chervlgmonroecoupV-fl.gov. < Page 2 of 3 1 Packet Pg. 2412 0.5.d The following table summarizes the items in the proposed amendment package: PC BOCC BOCC Amendment Name Description Hearing Transmittal Adoption Date Hearing Hearing Date Date AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE 00 MONROE COUNTY COMPREHENSIVE 07.31.19 08.21.19 cv PLAN POLICY 101.5.25 TO PROVIDE A DENSITY BONUS ABOVE THE Policy 101.5.25 of the MAXIMUM NET DENSITY FOR 2430 Monroe County AFFORDABLE HOUSING FOR A Comprehensive Plan PROPERTY SUBJECT TO A SITE- SPECIFIC SUBAREA POLICY 1 0 ESTABLISHED UNDER PROPOSED U GOAL 111 OF THE COMPREHENSIVE PLAN; ESTABLISHING GOAL 111 AND 2 OBJECTIVE 111.1 TO INCENTIVIZE AFFORDABLE HOUSING DENSITY BONUSES THAT EXCEED THE ESTABLISHED MAXIMUM NET DENSITY PROVIDED IN POLICY 101.5.25; AND CREATING POLICY 111.1.1 STOCK ISLAND WORKFORCE SUBAREA 1; ESTABLISHING THE BOUNDARY OF THE STOCK ISLAND WORKFORCE SUBAREA l; LIMITING THE PERMITTED USES OF THE o SUBAREA TO DEED RESTRICTED AFFORDABLE HOUSING DWELLING UNITS;ESTABLISHING MAXIMUM NET DENSITY FOR AFFORDABLE HOUSING, HEIGHT AND OFF-STREET PARKING .REQUIREMENTS IN THE SUBAREA; AND ELIMINATING ALLOCATED DENSITY AND FLOOR AREA RATIO; �3 FOR PROPERTIES LOCATED AT 5700 LAUREL AVENUE, 6325 FIRST STREET AND 6125 SECOND STREET, .STOCK ISLAND; AS PROPOSED BY SMITHIHAWKS, PL ON BEHALF OF 3 WRECKERS CAY APARTMENTS AT s� STOCK ISLAND,LLC Thank you in advance for your timely review of these materials.Should you have any questions about the proposed amendments, please contact Cheryl Cioffari, Assistant Director of Planning at (305) 289-2500 or cioffari- cherxlaa,monroecounty-fl.gov. Page 2 of 3 Packet Pg. 2413 Sincerely, Cheryl Cioffari,AICP Assistant Director of Planning C14 Enclosures 00 CC/ia cv CC: Comprehensive Plan Review,.Department of Agriculture and Consumer Services Plan Review,Florida Department of Environmental Protection E Deena Woodward,Florida Department of State,Bureau of Historic Preservation Scott Sanders,Florida Fish and Wildlife Commission x Kenneth Jeffries,Florida Department of Transportation 1 0 IL Isabel Cosio Carballo, South Florida Regional Planning Council Terry Manning, South Florida Water Management District .2 Ashley Monnier,United States Navy,Naval Air Station 0 Ty Harris,Planning Director,Village of Islarnorada IL Cathy Henniger, City of Key Colony Beach Patrick Wright,Planning Director, City of Key West George Garrett,Planning Director,City of Marathon Norman Anderson,City of Layton Board of County Commissioners(w/o enclosures) Bob Shillinger, County Attorney(w/o enclosures) Roman Gastesi, County Administrator(w/o enclosures) 0 Christine Hurley,Assistant County Administrator(w/o enclosures) 0 Emily Schemper, Senior Director of Planning&Environmental Resources(w/o enclosures) 19 19 0 E Page 3 of 3 1 Packet Pg. 2414 0.5.d 1 �.kra 3 � 4 5 7 8 MONROE COUNTY, FLORIDA 00 9 PLANNING COMMISSION RESOLUTION NO.P 2 -1 _ 10 11 A RESOLUTION BY THE PLANNING COMMISSION COl EN G � 1.2 APPROVAL OF AN ORDINANCE BY THE MONROE COUNTY BOARD OF E 13 COUNTY COMMISSIONERS AM-ENDING THE MONROE COUNTY 14 COMPREHENSIVE FLAN POLICY 101.5.25 TO PROVIDE A DENSITY 15 BONUS ABOVE THE MAXIMUM NET DENSITY FOR AFFORDABLE 16 HOUSING FOR A PROPERTY SUBJECT TO A SITE-SPECIFIC SUBAREA 2 17 POLICY ESTABLISHED UNDER PROPOSED GOAL 111 OF THE 18 COMPREHENSIVE PLAN; ESTABLISHING GOAL 111 AND OBJECTIVE 19 11.1.1 TO INCENTIVIZE AFFORDABLE HOUSING DENSITY BONUSES 2 20 THAT EXCEED THE ESTABLISHED MAXIMU NET DENSITY 1 PROVIDED IN POLICY 10 1.5.25; AND CREATING POLICY 11I.I.I STOCK 22 ISLAND WORKFORCE SUBAREA 1; ESTABLISHING THE BOUNDARY OF 23 THE STOCK ISLAND C> O OE SUBAREA 1; LIMITING G THE 24 PERMITTED USES OF THE SUBAREA TO DEED RESTRICTED 25 AFFORDABLE HOUSING DWELLING UNITS; ESTABLISHING 26 MAXIMUM NET DENSITY FOR AFFORDABLE US G, HEIGHT AN 7 OFF-STREET PARKING REQUIREMENTS IN T14E SUBAREA; AN 8 ELIMINATING ALLOCATED TENSITY AND FLOOR AREA RATIO; FOR 29 PROPERTIES LOCATED AT 5700 LAUREL AVENUE, 6325 FIRST STREET 0 30 AND 6125 SECOND STREET, STOCK. ISLAND:, AS PROPOSED BY 31 SMITH/HAWKS, PL ON BEHALF OF WRECKERS CAY APARTMENTS AT 32 STOCK ISLAND, LLC, PROVIDING FOR SEVERABILITY1 PROVIDING 33 FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR 34 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE 0 35 SECRETARY OF STATE, PROVIDING G FOR INCLUSION IN THE MONROE 36 COUNTY COMPREHENSIVE PLAN, PROVIDING FOR AN EFFECTIVE 7 DATE. (Fite#2018-120) 38 - 3 40 41 WHEREAS, on June 20, 2018, the Planning and Environmental Resources Department 42 received.an application from arton W. Smith of Smith Hawks PL on behalf of Wreckers Cay 43 Apartments at Stork Island, LLC' (the " pplica t,'") to _end the MonroeC"o��nty 4 Comprehensive Plan text amendment to create a goal and objective to incentivize affordable 45 housing within Stock. Island, and to create a subarea policy that would provide additional 46 development restrictions for properties located at 6325 First Street, 6125 Second Street and 570 ResolLition#P29-19 Page I of .File#2018-1.20 Packet Pg. 2415 0.5.d 1 D 344 6 7 cv 8 MONROE COUNTY, FLORIDA 00 4 PLANNING COMMSSION RESOLUTION NO.P 29.19 10 11 A RESOLUTION BY THE PLANNING COMMISSION RECOMMENDING 12 APPROVAL OF AN ORDINANCE BY THE MONROE COUNTY BOARD OF 13 COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY 14 COMPREHENSIVE PLAN POLICY 101.5.25 TO PROVIDE A DENSITY 15 BONUS ABOVE THE MAXIMUM NET DENSITY FOR AFFORDABLE �s 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 III AND OBJECTIVE 19 111.1 TO INCENTIVIZE AFFORDABLE HOUSING DENSITY BONUSES 20 THAT EXCEED THE ESTABLISHED MAXIMUM NET DENSITY 21 PROVIDED IN POLICY 101.5.25; AND CREATING POLICY I I I.1.1 STOCK 22 ISLAND WORKFORCE SUBAREA I; ESTABLISHING THE BOUNDARY OF 23 THE STOCK ISLAND WORKFORCE SUBAREA 1; LIMITING THE 24 PERMITTED USES OF THE SUBAREA TO DEED RESTRICTED 25 AFFORDABLE HOUSING DWELLING UNITS; ESTABLISHING 26 MAXIMUM NET DENSITY FOR AFFORDABLE HOUSING, HEIGHT AND 27 OFF-STREET PARKING REQUIREMENTS IN THE SUBAREA; AND 28 ELIMINATING ALLOCATED DENSITY AND FLOOR AREA RATIO; FOR 29 PROPERTIES LOCATED AT 5700 LAUREL AVENUE, 6325 FIRST STREET 30 AND 61.25 SECOND STREET, STOCK ISLAND. AS PROPOSED BY 2 31 SMITHtHAWKS, PL ON BEHALF OF WRECKERS CAY APARTMENTS AT 32 STOCK ISLAND, LLC; PROVIDING FOR SEVERABILITY; PROVIDING �s 33 FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR 34 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE 35 SECRETARY OF STATE; PROVIDING FOR INCLUSION IN THE MONROE �s 36 COUNTY COMPREHENSIVE' PLAN; PROVIDING FOR AN EFFECTIVE 37 DATE. (File#2018-120) 38 39 40 41 WHEREAS, on June 20, 2018, the Planning and. Environmental Resources Department � 42 received:an application from Barton W. Smith of Smith Hawks PL on behalf of Wreckers Cay 43 Apartments at Stock Island, LLC (the "Applicant,") to amend the Monroe County a 44 Comprehensive Plan text amendment to create a goal and objective to incentivize affordable 45 housing within Stock Island, and to create a subarea policy that would provide additional 46 development restrictions for properties located at 6325 First Street, 6125 Second Street and 5700 Resolution#P29-19 Page 1 of 3 File#2018-120 Packet Pg. 2416 0.5.d 1 Laurel Avenue on Stock Island (the "Property"), including a limitation that the only permitted 2 use on the property would be affordable housing and accessory uses;and 3 4 WHEREAS, the Applicant has also requested a corresponding Land Development Code 5 text amendment to allow for increased density for site specific subarea policies established under 6 the proposed Goal;and 7 cv 8 WHEREAS, the Applicant has also requested a corresponding Land Use District00 9 (Zoning) map amendment for the Property from Urban Residential Mobile Home (URM) to 10 Urban Residential (UR),and 11 � 12 WHEREAS, the Monroe County Development Review Committee (DRC)reviewed and 13 considered the proposed amendment at a regularly scheduled meeting held on the 25a' day of 14 June, 2019; and 15 �s 16 WHEREAS,the Monroe County Planning Commission held a public hearing on the 2411 2 17 day of October, 2018, for review and recommendation on the proposed Comprehensive Plan text c 18 amendment; and 19 2 20 WHEREAS, based upon the information and documentation submitted, the Planning 21 Commission made the following Findings of Fact and Conclusions of Law: 22 23 1. The proposed amendment to create Goal 111, Objective 111.1, and Policy 111.1.1 is 24 consistent with the Goals, Objectives and Policies of the Monroe County Year 2030 25 Comprehensive Plan;and c 26 2. The proposed amendment to create Goal 111, Objective 111.1, and Policy 111,1.1 is 27 consistent with the Principles for Guiding Development for the Florida Keys Area of 28 Critical State Concern,Sec. 380.0552(7),F.S.; and 29 3. The proposed amendment to create Goal 111, Objective 111.1, and Policy 111.1.1 is 2 30 consistent with Part II of Chapter 163,Florida Statute. 31 32 NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF 33 MONROE COUNTY, FLORIDA, the Monroe County Planning Commission recommends 34 approval with changes as discussed during the hearing to the Board of County Commissioners of (n 35 the proposed Comprehensive Plan amendment. The Planning Commission's recommended 36 changes are as follows: 37 38 1. Amend the proposed Policy 111.1.1 to allow a shoreside support facility associated with 39 a mooring field as an accessory use within the RH FLUM and UR Zoning District; E 40 2. Amend the proposed Policy 111.1.1 to state: 41 a. The Eighty(80)market rate dwelling units may be transferred within Stock Island 42 upon approval of a minor conditional use following the approval of a 43 development agreement associated with the Wreckers Cay project.Additionally, 44 the transferred market rate units shall not be used as transient units. Resolution#P29-19 Page 2 of 3 File#2018-120 Packet Pg. 2417 I b. "I I he Thirty-Two (32) density rights that exceed the allocated density for the 2 property of Forty-Eight (48) may be transferred in Stock Island upon approval of 3 a minor conditional use, if deemed to be legally acceptable. 4 3. Amend the proposed Policy 1.11.1.1 to rental units only. 5 6 PASSED AND ADOPTED BY T HEA PLANNING COTAW.,ISSION of Monroe County, 7 Florida, at a regular meeting held on the 3111 day of July, 2019. 00 9 9 Denise Werling,Chair YES 10 William Wiatt, Commissioner YES 11 Tom Coward,Commissioner YES E 12 Joe Scarpelli, Commissioner YES 13 on Miller, Commissioner YES X 14 15 PLANNING CO ...... SET-ON OF MONROE COUNTY,FLORTDA 4 16 0 17 By A. 18 rise Werling,Chair 19 20 Signed this day of 2019 (n 21 22 0 23 NOTARY PUBLI STATE OF FLORIDA 24 25 Monroe County Planning Commission Attorney _ 0 ILZEAGUK"A__ 26 Approve4/As To Form Ed 15 V**IN, S MY COMMISSION#GG 043704 EXPIRES:OCWbu 31,M 27 Bonftd'ft NQUO PWloll e, uJ 28 29 ]Ohn J.Wolfe 30 Date: 1�11 S")W11"Ir!THE 0 E 3 3 Resolution#P29-19 Pale of File#2018-120 Packet Pg. 2418 I b. The Thirty-Two (32) density rights that exceed the allocated density for the 2 property of Forty-Eight(48)may be transferred in Stock Island upon approval of 3 a minor conditional use,if deemed to be legally acceptable, 4 3. Amend the proposed Policy I 11.1.1 to rental units only. 5 6 PASSED AND ADOPTED BY THE PLANNING COMMISSION of Monroe County, 7 Florida, at a regular meeting held on the 3 1"day of July, 2019. 17 8 00 9 Denise Werling,Chair 'YES 10 William Wiatt, Commissioner YES 11 Tom Coward,Commissioner YES E 12 Joe Scarpelli, Commissioner YES 13 Ron Miller, Commissioner YES X 14 (L 15 PLAM NING CO .'SSION OF MONROE COUNTY,FLORIDA 16 17 B 0 (L 18 )Denise Werling,Chair 19 20 Signed this JI?VA day of 2019 (n 21 0 22 23 NOTARY PUBLI STATE OF FLORIDA 0 24 25 Monroe County Planning Commission Attorney 0 26 Approve As To Form IVE AGURA >% ATRIA, 27 MYCOMMUIONMOOM4 11 ExpjRris.-o*w 31,2= A.014_ 28 rM �e W01 29 John J.Wolfe 0 30 Date: 2 FILED WITH THE 0 AUG 2 6' 2019 AGENCY CLERK E Resolution#P29-19 Page 3 of 3 File#2018-120 Packet Pg. 2419 0.5.d i 2 x µ... . 4 MEMORANDUM 5 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT 6 We strive to be caring,professional and fair 7 `� 8 To: Monroe County Board of County Commissioners00 CD 9 El 10 From: Cheryl Cioffari,AICP,Acting Senior Director of Planning&Environmental Resources 11 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 2 17 affordable housing on Stock Island, creating Policy 111.1.1 Stock Island Workforce o IL 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 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 #2018-120) 25 26 Meeting: August 21,2019 27 �s 28 1. REQUEST 29 30 On June 20, 2018, the Planning and Environmental Resources Department received an application 31 from Barton W. Smith of Smith Hawks PL on behalf of Wreckers Cay Apartments at Stock Island, 32 LLC (the "Applicant,") to amend the Monroe County Comprehensive Plan to establish a goal and 33 objective that incentivizes affordable housing on Stock Island, and to create a subarea policy that 34 would provide additional development restrictions and allowances for properties located at 6325 35 First Street, 6125 Second Street and 5700 Laurel Avenue on Stock Island (the "Property"). The 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 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. 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#2018-120 Packet Pg. 2420 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 00 8 proposed amendments to the Comprehensive Plan and Land Development Code (described 9 above); 10 0 A right-of-way abandonment for a portion of Laurel Ave.; and E 11 * A right-of-way abandonment for a portion of Maloney/I"Street. X 12 1 0 13 11. BACKGROUND INFORMATION a. 14 .2 15 Site Information: 0 16 Location: MM 5, Stock Island IL 17 Address: 6325 First Street, 6125 Second Street and 5700 Laurel Avenue on Stock Island 2 18 Parcel ID Number: 00124540-000000, 00124550-000000 and 00124560-000000 19 Owner/Applicant: Wrecker's Cay Apartments at Stock Island, LLC (n 20 Size of Affected Portion of Property: 349,692 SF (8.03 acres) 21 0 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; 0 23 0 00124550-000000: 88,913 SF (2.04 acres) per survey by Robert E. Reece of 0 24 ALTA/NSPS Land Title Survey, dated 4/30/2018; and 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. 0 27 FLUM Designations: Residential High(RH) 28 Land Use Districts: Urban Residential(UR) and Urban Residential Mobile Home(URM) 2 29 Tier Designation: III 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. 33 Existing Vegetation/Habitat: Developed Land and Mangrove 34 Community Character of Immediate Vicinity: Adjacent land uses include nonresidential to the 35 north and west,residential and public uses to the south; and open water to the east across US 1. 36 37 The property currently has a Land Use District (Zoning) designation of Urban Residential (UR) and 38 Urban Residential Mobile Home (URM) and a Future Land Use Map (FLUM) designation of E 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#2018-120 Packet Pg. 2421 0.5.d 1 0 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 0 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 00 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 11 A right-of-way abandonment for a portion of Maloney/1 It Street. 12 X 13 U. BACKGROUND INFORMATIONIL 14 Is 15 Site Information: 2 0 16 Location: MM 5, Stock Island IL 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 19 Owner/Applicant: Wrecker's Cay Apartments at Stock Island,LLC 20 Size of Affected Portion of Property: 349,692 SF (8.03 acres) 21 0 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 0 00124550-000000: 88,913 SF (2.04 acres) per survey by Robert E. Reece of o 24 ALTA/NSPS Land Title Survey, dated 4/30/2018; and 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. 0 27 FLUM Designations: Residential High(RH) 28 Land Use Districts: Urban Residential(UR) and Urban Residential Mobile Home(URM) 29 Tier Designation: III 30 Flood Zones: AE (EL 9 and 10) 31 CBRS: No 32 Existing Use: Developed with 3 mobile home parks and accessory uses and structures. �s 33 Existing Vegetation/Habitat: Developed Land and Mangrove �s 34 Community Character of Immediate Vicinity: Adjacent land uses include nonresidential to the 35 north and west, residential and public uses to the south;and open water to the east across US1. 36 37 The property currently has a Land Use District(Zoning) designation of Urban Residential (UR) and 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#2018-120 Packet Pg. 2422 1 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 00 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 El� 'a 10 of the property. The amendment is proposed to establish a site-specific subarea that generally 11 includes the property depicted below: E X .2 yy 4 7( ..........- AN<11 *x A, 0 �J"R a SFr0 5", 0 .......... 12 13 14 In the application materials, the Applicant states that the reason for the proposed amendments is 15 "The Stock Island area serves primarily as a workforce community for employment centers in Key e:1 16 West and Marathon, and the proposed Amendment will bolster the ability for residents to obtain (n 17 affordable housing in proximity to Key West and Marathon employment centers." 18 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 E comprehensiveness. This text amendment 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 Comprehensive Plan and absent the Policy,the County and Applicant are 20 -unable to provide or construct. BOCC SR 08.21.19 Page 3 of 30 File#2018-120 Packet Pg. 2423 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 County's Housing Strategy produced after Hurricane Irma, "Im)any of the business sectors in the Florida Keys, including professional services,retail trade, tourism and health care, find it 1 increasingly difficult to attract and maintain Workers." As stated in both the Affordable ... 2 is included in the file 3 The Applicant's full explanation and justification of the proposed amendments 4 for the application(File#2018-120). 00 5 with the 6 Staff has reviewed the Applicant's position and supporting documentation, and agrees 7 position that inadequate availability of affordable housing is currently a primary issue facing E 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 X to the Affordable Housing Advisory Committee directing the committee to make recommendations for 1 0 11 steps the County may take to address the need for more workforce housing options. The committee a. U 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 .2 0 14 direction to staff to move forward on several measures to encourage and incentivize the provision of a. 15 affordable and workforce housing within the County. 16 17 The 2014 ALICE report indicates that renters in the Lower Keys areas are significantly housing (n is burdened over 35%, as follows: by 68% in Key West, by 69% in Stock Island, by 72% in Big 20 19 Coppitt,by 56%in the Lower Keys and by 42%in Big Pine Key. 0 KEY FACTS AND ALICE STATISTICS FOR MONROE,COUNTY 0 yfof,;,��Banhm,61,p rmiq t!o,wr Co 201, 833 Tfoulix"_IIIJ,6,Ir Tim'I'Vid -33".o'N'Ry, 35".Raxr 42% 10% 73-3 L7T7 ifi_15� 21 -Fla 0 ALAYL -11h(,,VALJ0; I lofov,,g Roden(w l I fiwlow� 11,?r A, 3 i. IL ped -9,� '.22 35% SA 70 +93, I LOWE-Ke-S/Nlonroe CqLla,13- I "TI—n— o-r ............. % 62% 42% 156% _R0344 22 Stock Island/Monroe C oun ...... I D -1 _:n� 7, Stocks V,�, ljj� mer , 14',71?riqq Burdett& tig Its�e q 00111o, E 3 r 69`�4 756 62"/o 8% 25 15 American Community 26 In 2017, the ALICE Report was updated with information based on 20 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#2018-120 Packet Pg. 2424 0.5.d 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 County's Housing Strategy produced after Hurricane Irma, "fm]any of the business sectors in the Florida Keys,including professional services, retail trade, tourism and health care, find it 1 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 4 for the application(File#2018-120). 17 00 6 Staff has reviewed the Applicant's position and supporting documentation, and agrees with the 'a 7 position that inadequate availability of affordable housing is currently a primary issue facing a 8 permanent residents of unincorporated' Monroe County. In.2015, the BOCC acknowledged the 9 County workforce housing issues and adopted Resolution 189-2015, assigning additional duties to 10 the Affordable Housing Advisory Committee directing the committee to make recommendations for 1 I steps the County may take to address the need for more workforce housing options. The committee U 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 17 The 2014 ALICE report indicates that renters in the Lower Keys areas are significantly housing 18 burdened over 35%, as follows: by 68% in Key West, by 69% in Stock Island, by 72% in Big � 29 Coppitt, by 56% in the Lower Keys and by 42%in Big Pine Key. Y FACTS AND ALICE STATISTICS FOR MONROE COLYNTI' 0:�fvw dleAUCE 1°,ror7da RrI-od:SiMaj,crJ`F"r'rrawdal Harm ho,P°r�!/,2014, Co itt /MlDnroe Con � l asalairarr 1~Irirtelrolr ° Pnr°rrly 9a IUCE f1 €_✓PUCE Uwfffih 11nracarq er,user 1°ltrrrrrr 13rrrd,.r.6r.€ ggg 4 7 i r�rl ofd AG n>en;R rtr '. ��;U Diu nrr ; 35%Reiner � D1 3 1201rr 35"/n 50/® "/ Pine /Monroe Gout► 7 °ro PaPsrlation 1-karr6rvls t A rq)% AUCE Aiv&AUCF P rrerrr41in r Pt?rarrsr`rr,€;Bx dPfl rrvr Plarzr, Barden rr r 1#irc}ro/d% la,111ta S _35%onw r• errtar 21 9 3777 1619 1rf0 3 1K 56% °./o % °fc -eat P#pfi iku AP.Iff a4AW 1Zatrsi€x,g Bffrdo rt s J antsle�r��3atr€rtr r,rrr ° T7rrrrJrla!`% r rr� rle E s ,0MAKer t 3.5°fin rwlrr -M70 9322 9' a !0 51 w 4w."/oi m P roe c t/5 /'o}arrfatr'r,.rr F-lrrrr.rLr/r!a T'r,r rtp u� ,3P.�C'1� �;'nr� 3Le1t� Cirr+,r�lv_p, P-?rrx'rrr�r�rrr',d=r raar ;f��rrria�L�rrirfe„ar�t- rgy 7'dzreshol rt ,s,�,rt t$tir 35'o()rrtrrtr i 35°e Rrrrter 22 103 4314 °fa ?.3pla 62�'/v 5�10 42a/� 56`%u fto&IgIandl Monme Cote 1 ajarlerifnrr I3rrrrrlara3r}r : pn, rr}ris CE, <1bail'i `2m C ren. x- I tsrrint 13ntrleu r<r r° q 1�rtr n 13rtr f r,rr�r 22 _ �� 1 hmsldd 9nerr fret 3a�,tJunra 35i,xlrfrr Z 3736 1131 114% 62%, 4"fn � �°fto �53rrr1 691/n � 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#2018-120 Packet Pg. 2425 ,ALICE IN MONROE COUNTY Populition:77,4821� Number of Houso gaol ds- 3,1,391 Ml#dian Household incom*: C,120(state av'erak,ie Florida Undo rem ployment Rate for 2016: 11, 61r,i� House ds Selo w ALICE Thw,#sWd: 14,501!,(461110 C14 00 Ir- How an houselimitis -ere styli gglif-10 CD b. ALICE is an acronym for �,sel, Households Iby hcome,2007 to 2015 L=ted,Inconte.Constrained. ..... E Ernp�t.,vyed—hoijseWds Vhet earn more than the Federal Poverty x Level,but less thark the basic cost (L at hying for the county(the ALICE TlireMriold or AT) Cornbmed,therrW AA number of poverty and ALICE .2 0 households eqwals the total (L populahon s.1rugghng to afford baw needs,The percergage Wi sq% 401� of households bow el the ALICE ,rhfeshoki changes over time 72V.lk,,A axis,blue bars)as of the total number of households(right �l/i,% �// �� /% axes,dottedyeflow Ime).The 0 Great Recession,f7orn 2007 to 0 2010 cau ilsh sedhatiptwMany 2010 2012 (D hunifies, Conditions stailed to WM Dower TY ANION,AUCE Above NO', ep Tolst HN improve iin 2010 and 20,12 for some., Wt.not for all 2 3 What does it cost to afford the basic necessities? ���lml,�511,lljj� 1� ,,r �� 1D1�11IP"� Di ", � r, t o JJ t 0 attt cot The barc-mimmum Household C S ,63 Survival Budget does not include 1 ,,5 U any savings,leaving a househWd Food )Hulnerable to urwxpected (D Transportation 91,22 51644 experses,ALICE househWds H621th Care $165 typsWy earn above,the Fedewal Miscellaneous =1 Poverty Level of S 11,770 for a -------— $522 i jr a W,I "s E sng� a e duft and 2$ 4,250 ft Monthly Tbtal 4 faindy at four,bt.4 less than the Householci Suivival Budget. Z','sV%'e5 0--t! BOCC SR 08.21.19 Page 5 of 30 File#2018-120 Packet Pg. 2426 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 8 amendment for consistency with State Statutes, Rules, internal consistency with the Comprehensive 00 9 Plan and balancing all the requirements and policy issues. 10 11 Concept Meeting 12 In accordance with LDC Section 102-158(a), a concept meeting was held on August 27, 2018 to E 13 discuss proposed Comprehensive Plan text amendment. It was determined that the proposed text X 14 amendment will not have a county-wide impact because the proposed amendment establishes a Goal 0 15 for Stock Island to incentivize affordable housing and the associated subarea policy is site specific a. 16 and limited to three (3)parcels. .2 17 0 a. is Community Meeting proposed Comprehensive Plan text cu 19 A community meeting was held on April 30, 2019 to discuss2 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. 0 25 0 26 Planning Commission and Public Input a >% 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 29 considered the application, the staff report, and the comments from the public in their E 0 19 30 discussion, and recommended approval with changes, as discussed at the public hearing, of the 0 31 proposed CP text amendment (Resolution P29-19). The Planning Commission's recommended 2 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 36 FLUM and UR Zoning District; 37 2. Amend the proposed Policy I I I-I-I to state: < 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 r_ 41 transferred market rate ROGO-exemptions shall not be used for rentals of less than 28 0 E 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. BOCC SR 08.21.19 Page 6 of 30 File#2018-120 Packet Pg. 2427 0.5.d 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 C14 8 amendment for consistency with State Statutes, Rules, internal consistency with the Comprehensive 00 9 Plan and balancing all the requirements and policy issues. 10 11 Concept Meeting 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 15 for Stock Island to incentivize affordable housing and the associated subarea policy is site specific IL U 16 and limited to three(3)parcels. 17 2 18 Community Meeting I 0L 19 A community meeting was held on April 30, 2019 to discuss proposed Comprehensive Plan text 2 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 (n 22 (SC) zoning district, rental/ownership of units, definition of workforce housing, transferring 23 allocated density, im act p 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 29 considered the application, the staff report, and the comments from the public in their 30 discussion, and recommended approval with changes, as discussed at the public hearing, of the 31 proposed CP text amendment (Resolution P29-19). The Planning Commission's recommended 32 changes are as follows: — 33 U 34 1. Amend the proposed Policy 111.1.1 to allow a shoreside support facility associated with a 35 mooring field as an accessory use associated with the Wreckers Cay project within the RH i 36 FLUM and UR Zoning District; 37 2. Amend the proposed Policy 111.1.1 to state: 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 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. BOCC SR 08.21.19 Page 6 of 30 File#2018-120 Packet Pg. 2428 0.5.d 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 #1 and #3. Staff does not concur with Recommendation #2 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 00 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 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 10.1.13.1, 101.13.2 and 101.13.3 1 �4 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 a. 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 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 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 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 30 Sec. 130-160.- Transferable Development Rights (TDRs). .� 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 34 maximum net density standard. All residential development rights allocated or established in 35 sections 130-157 and 130-162(allocated density for permanent residential dwelling units or transient 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. 39 In the event an applicant intends to only use part of a greater property for a transferable development 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. BOCC SR 08.21.19 Page 7 of 30 File#2018-120 Packet Pg. 2429 I A sender site shall meet the following criteria: 2 a. Located in a Tier 1, 11, 111-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 C14 7 requirement of this Land Development Code. 00 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 E 11 Development Code. 12 (4) A receiver site shall meet the following criteria: X 1 0 13 a. The Future Land Use category and Land Use (Zoning)District must allow the requested use; a. U 14 b. Must have an adopted maximum net density standard; >% 15 C. Includes all infrastructure (potable water, adequate wastewater treatment and disposal .2 0 a. 16 wastewater meeting adopted LOS,paved roads, etc.); 17 d. Located within a Tier III designated area; and 18 e. Is not located within a designated CBRS unit. 19 (5) The assignment of transferable development rights to receiver sites on Big Pine Key,No Name 'a 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 0 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 24 receiver sites within North Key Largo. 25 (6) The assignment of transferable development rights to receiver sites within Land Use (Zoning) E 26 Districts that do not have a maximum net densities is prohibited (including, but not limited to, 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)- it is rounded to the nearest tenth (i.e. 0 30 (7) A development right may be transferred in part, providedC 31 if a sender site is designated Native Area(NA) and consists only of two acres of upland, the property 32 owner may transfer the fractional 0.50 transferable development right). However, in accordance with owner utilize part of a sender site's acreage for a 33 subsection (8), in no event shall a property 34 transferable development right and maintain the right to develop that acreage as the land use 35 intensity shall be exhausted. 36 (8) Prior to application for a building permit authorizing the development of a dwelling unit on a E 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 conservation A < 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. BOCC SR 08.21.19 Page 8 of 30 File#2018-120 Packet Pg. 2430 0.5.d 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. 00 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 E I 1 Development Code. 12 (4) A receiver site shall meet the following criteria: " 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 o 16 wastewater meeting adopted LOS,paved roads, etc.); 17 d. Located within a Tier III designated area; and 18 e. Is not located within a designated CBRS unit. 19 (5) The assignment of transferable development rights to receiver sites on Big Pine Key,No Name 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 23 sender sites on No Name Key to Big Pine Key and d) from sender sites within North Key Largo to 24 receiver sites within North Key Largo. 25 (6) The assignment of transferable development rights to receiver sites within Land Use (Zoning) 0 26 Districts that do not have a maximum net densities is prohibited (including, but not limited to, 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). 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 32 owner may transfer the fractional 0.50 transferable development right). However, in accordance with 33 subsection (8), in no event shall a property owner utilize part of a sender site's acreage for a 34 transferable development right and maintain the right to develop that acreage as the land use 35 intensity shall be exhausted. 36 (8) Prior to application for a building permit authorizing the development of a dwelling unit on a E 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 enviromnental resources department 40 prior to its recording in the official records of the county. BOCC SR 08.21.19 File#2018-120 Page 8 of 30 Packet Pg. 2431 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; 00 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 11 site(s); x 12 b. The property record cards from the Monroe County Property Appraiser of the sender site(s) 1 0 13 and receiver site(s); 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, 0 18 bodies of water and wetlands,total acreage, total upland acreage and total acreage by habitat; 19 (3) A development order shall memorialize approval of the minor conditional use permit required in 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 0 22 development order shall be recorded in the official records of the Monroe County Clerk of the o 23 Circuit Court. Such recording shall be carried out so that the document is associated with all 24 applicable sender and receiver sites; and 25 (4) Prior to issuance of a building permit authorizing the development of a dwelling unit, all or a part 0 26 of which is derived from a transferred development right, a deed of transfer shall be recorded in the 27 chain of title of the sender site (transferor parcel) containing a restrictive covenant prohibiting the 3 28 development that would require use of any of the allocated density that was transferred from the 29 parcel. 30 �s 31 H1. PROPOSED COMIPREHENSIVE PLAN TEXT AMIENDMENTS (n 32 �s 33 The Applicant's proposed text is shown as follows: additions are in underlined, deletions are k-en 34 through. 35 36 Policy 101.5.25 E 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 101.5.1-101.5.20. [F.S. § 39 163.3177(6)(a)l.] 40 BOCC SR 08.21.19 Page 9 of 30 File#2018-120 Packet Pg. 2432 0.5.d Future Land Use Densities and Intensities Residential Nonresidential Minimum open Future Land Use Category Space Ratio and Corresponding Allocated Density c2) Maximum Net Maximum W Zoning (per upland acre) Density(a)(b) Intensity (per buildable acre) (floor area ratio) cv 00 Agriculture/Aquaculture 0 du N/A 0.25 Per (A)(d) 0 rooms/spaces N/A underlying 'a (no directly corresponding zoning as zoning) E Airport(AD) 0 du N/A 0.10 0.20 (AD zoning) 0 rooms/spaces N/A IL Commercial(COMM) 0 du N/A 0.15-0.50 0.20 .2 (Cl and C2 zoning) 0 rooms/spaces N/A 0 IL Conservation(C) 0 du N/A 0.05 090 (CD zoning) 0 rooms/spaces N/A Education(E){d) 0 du NIA 0.30 Per (no directly corresponding 0 rooms/spaces N/A underlying cu zoning) zoning H Industrial(I) 1 du 2 du 0.25-0.60 0.20 i0 (I and MI zoning) 0 rooms/spaces N/A Institutional(INS) 0 du N/A 0.30 Per (no directly corresponding 15 rooms/spaces 24 rooms/spaces underlying 9 zoning) zoning 0 Mainland Native(MN) 0.01 du N/A 0.95-0.99 (MN zoning) 2 spaces N/A 0.03 0 Military(M) 6 du 12 du 0.30-0.50 0.20 (MF zoning) 10 rooms/spaces 20 rooms/spaces Mixed Use/Commercial 1 du(DR,MU,MI) 2 du(MI) 0.10-0.45 (MC)(f)(g) 3 du(SC) 6-18 du(SC)(k) (SC,UC,DR,MU) (SC,UC,DR,RV,MU and 6 du(UC) 12 du(UC) MI zoning) Commercial 12-18 du(MU)M 01 <2,500 SF(RV) 0.20 Apartments 18 du(DR) (RV)(') 0.30—0.60(MI) 5-15 rooms/spaces 10-25 rooms/spaces Mixed Use/Commercial 1 du 12 du(CFA,CFSD) Fishing(MCF)cfl (CFSD-20) G) BOCC SR 08.21.19 Page 10 of 30 File#2018-120 Packet Pg. 2433 0.5.d Future Land Use Densities and Intensities Residential(1) Nonresidential Minimum Future Land Use Category Open and Corresponding Allocated Density(a) Maximum Net Space Ratio Zoning Maximum c�) (per upland acre) Density t2>(11) Intensity (per buildable acre) (floor area ratio) 00 Agriculture/Aquaculture 0 du NIA 0.25(A)(d) 0 rooms/spaces N/A punderlying er 4 (no directly corresponding zoning) zoning 0 Airport(AD) 0 du N/A 0 0.10 0.20 IL (AD zoning) 0 rooms/spaces N/A IL Commercial(COMM) 0 du N/A 0.15—0.50 0.20 2 (C1 and C2 zoning) 0 rooms/spaces N/A 0 IL Conservation(C) 0 du N/A O.OS CD 0.90 ( zoning) 0 rooms/spaces N/A Education(E)td> 0 du N/A 0.30 Per (no directly corresponding 0 rooms/spaces N/A zoning) underlying zoning Industrial(1) 1 du 2 du 0.25-0.60 I and MI zoning) 0.20 ( g) 0 roams/spaces N/A Institutional(INS)(d) 0 du N/A 0.30 Per as(no directly corresponding 15 rooms/spaces 24 rooms/spaces zoning) underlying 0 zoning Mainland Native(MN) 0.01 du N/A 0.95— 0.99 (MN zoning) 2 spaces W N/A 0.03 Military(M) 6 du 12 du 0.30-0.50 (MF zoning) 10 rooms/spaces 20 rooms/spaces 0.20 Mixed Use/Commercial 1 du(DR,MU,MI) 2 du(MI) 0.10-0.45 (MC)(f)ts) 3 du(SC) 6-18 du(SC)W (SC,UC,DR,MU) (SC,UC,DR,RV,MU and 6 du(UC) 12 du(UC) MI zoning) Commercial 12-18 du(MU)(x)W <2,500 SF(RV) 0.20 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)t) (CFSD-20)0) BOCC SR 08.21.19 File#2018-120 Page 10 of 30 Packet Pg. 2434 0.5.d (CFA,CFV,CFSD zoning) 3 du(CFA,all other 0.25-0.40 0.20 CFSD) 1 du/Iot(CFV) N/A(CFV) 0 rooms/spaces NIA Preservation(P)(d) 0 du N/A (P zoning) 0 rooms/spaces N/A 0 1.00 ®o CD Public Buildings/Lands 0 du NIA 0.30 Per (PB)(d) underlying (no directly corresponding 0 rooms/spaces NIA zoning zoning) x 4) Public Facilities(PF)(d) 0 du N/A 0.30 Per IL (no directly corresponding 0 rooms/spaces N/A underlying U zoning) >, zoning 2 0 IL Recreation(R) 0 du NIA 0.20 0.90 (PR zoning) 2 rooms/spaces NIA 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 a 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/1ot(SR)On) � N/A(SS) 0.80(SS) as 0 rooms/spaces N/A ca Residential Medium(RM) 1 du/lot(IS,IS-V,IS- N/A (IS,IS-V,IS-M and IS- M) D(l)zoning) 2 duAot(IS-D) 0 0.20 0 0 rooms/spaces N/A cis Residential RH High g ( ) 6 du(UR) 12-25 du(UR)(k)(n) (IS-D W,URM,URM-L and ldu/lot(URM,URM- N/A(IS-D,URM, UR zoning) L) URM-L) 0 0.20 2 du/Iot(IS-D) 0-20 rooms/spaces 0-10 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. BOCC SR 08.21.19 Page 11 of 30 File#2018-120 Packet Pg. 2435 O.5.d (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. (e) Additional open space requirements may apply based on environmental protection criteria;in these cases,the most restrictive cv requirement shall apply. 00 (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. X (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 IL shall not be available. a (g) A mixture of uses shall be maintained for parcels designated as MI zoning district that are within the MC future land useIL 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. (b) 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. a (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. (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 d> exceeding 18 du/buildable acre. C (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 bonus above the max net d nsi1y provided may be permitted fora property within a site-specific policy area 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 File#2018-120 Packet Pg. 2436 O.5.d (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. cy 00 (d) Future land use categories of Agriculture/Aquaculture,Education,Institutional,Preservation,Public Buildings/LandHand Public Facilities,which have no directly corresponding zoning,may be used with new or existing zoning districts as appr(e) Within the Mainland Native future land use district,campground spaces and nonresidential buildings shall only be pe as educational,research or sanitary purposes. X (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 U shall not be available. parcels designated as MI zoning district that are within the MC future land use p category.Working waterfront and water dependent uses,such as marina,fish house/market,boat repair,boat building,boat sto (g) A mixture of uses shall be maintained for rage, IL 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. t!5 (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. � a (i) The allocated density for the CFSD-20 zoning district(Little Torch Key)shall be I dwelling unit per acre,or I 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 calculating density. t!5 (m) Within the Residential Low future land use category,the maximum net density for platted lots of less than 0.40 gross acres eis 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 density provided may be permitted for a property within a site specific policy area E 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 File#2018-120 Page 12 of 30 Packet Pg. 2437 0.5.d 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; cv 00 6) TDRs under this provision may not be transferred into noise zones of 65 DNL or greater;and cv 7) The subject parcel must comply with Policy 301.2.5 regarding legal access. 1 2x* 3 Goal 111 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 IL 7 code compliant, and resilient. Incentivize it through density bonuses that exceed the density 8 limitations in Policy 101.5.25 and Section 130-157 of the Land Development Code within approved 9 site-specific areas located on Stock Island. 10 11 Obiective 111.1 12 Monroe County shall create site-specific areas located in Stock Island which provide density H 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 vaKY parking, and allow for three (3) 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 17 E 18 Policy 111.1.1 Stock Island Workforce Area 1- To provide Limitations on Development and 19 Specific Restrictions 20 _ 21 Development in the Stock Island Workforce Area 1 shall be subject to regulations applicable to the is 22 Residential Hijzh Future Land Use Designation except as provided below 23 24 1. Notwithstanding the density standards set forth in Policy 101 5 25 the Maximum Net Density of 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 application and approval of a minor 29 conditional use. 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 parkin paces 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 BOCC SR 08.21.19 Page 13 of 30 File#2018-120 Packet Pg. 2438 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 applicable to applications 3 submitted under this Policy 111.1.1. 4 5 6 IV. ANALYSIS OF PROPOSED AMENDMENT 7 8 Military Installation Area of Impact(N") 00 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 12 Naval Air Station Key West commanding officer or his or her designee may provide comments to E 13 Monroe County on the impact proposed changes may have on the mission of the military X 14 installation. No comments have been received. 1 0 (L 15 U 16 Traffic Study and Parking Analysis >% 17 The submitted Level 3 Traffic Study and Parking Analysis prepared by Trident Engineering dated .2 18 August 2018 is currently under review with the County's Traffic0 Engineer. (L 19 2 20 Proposed Text Amendment Language 21 The following table itemizes the individual components of the Applicant's proposed site specific (n 22 subarea policy and provides staff s analysis and recommendation for each item: 23 24 0 25 0 26 27 0 E BOCC SR 08.21.19 Page 14 of 30 File#2018-120 Packet Pg. 2439 0.5.d 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 applicable to applications 3 submitted under this Pohcv 111 1 1 4 5 6 IV. ANALYSIS OF PROPOSED AMENDMENT 7 8 Military Installation Area of Impact(NMI) 00 Ir- 9 The proposed text amendment was transmitted to the Commanding Officer of Naval Air Station Key CD E 10 West on February 20, 2019 as required by Comprehensive Plan Objective 108.1 and Policies Io8.1.1 'a 11 and 108.1.3. Within 30 days from the date of receipt from Monroe County of proposed changes, the 0 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. 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: 23 24 25 26 0 27 0 �s 0 0 0 �s �s �s 0 0 0 BOCC SR 08.21.19 File#2018-120 Page 14 of 30 Packet Pg. 2440 0.5.d •E N 4 a U C R c o°Sn Cd 00 8 � �•0 3'CaJ M u O � a0i G C4 O O E a a ao d« � 41 S 4a o -15b n 0 0 0 3 c 00 a 0 cnIL IL vC o a abi o U.n u' b o � KC: ^o � •d o �� z �.b•v a �a �-oeu •G,� � f!5 �-o• 0a c v � °2y 0 "" 52 y, CL Q w O O fy N ,ti O ai c0 V V 41 �•"W p ° Ov'« o O V N N V c0o OCD M « U .0 N cif RS X O V .O •o� U•o=� � v� m ^6� G � 'G m � i' 41 O.� 0 m .. 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C}O E U..0 o %S o .D ro CD A m y a~i N o o a y U � 7 C � U o .a ro 8 A .--� LC�+ •,n a�i rn �N a mw Packet Pg. 2446 0.5.d cv CD 3ro 3� 300 79 K U �o en g 0 w c IZ IL o a IL c y Fi 0 4� a. O 0 is � C 41 E a f!5 R O O ° ; O A VO W IL R co 42 ti O V bd ti 0. o w L v „o 06 x � O C � R U V1 O W w Packet Pg. 2447 1 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 str-ieke tkough. Staff proposed 44��- 5 amendments are as additions in red underline, deletions are red 6 7 00 8 Policy 101.5.25 Ir- 9 Monroe County hereby adopts the following density and intensity standards for the future land use Q 10 categories, which are shown on the FLUM and described in Policies 101.5.1 101.5.20. [F.S. § 11 163.3177(6)(a)l.] E Future Land Use Densities and Intensities X Minimum 0 Residential(1) Nonresidential Open IL U Future Land Use Category Space Ratio >% and Corresponding Allocated Density Maximum Net Maximum .2 Density Intensity 0 Zoning (per upland acre) IL (per buildable acre) (floor area ratio) as Residential High(RH) 6 du(UR) 12-25 du(UR)(k) (IS-D O),URM,URM-L and ldu/Iot(URM,URM- N/A(IS-D,URK 0.20 0 LTR zoning) L) URM-L) 0 2 du/lot(IS-D) 0 0-20 rooms/spaces 0—10 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 0 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 E g,may be used with new or existing zoning districts as appropriate. Public Facilities,which have no directly corresponding zonin (e) Within the Mainland Native future land use district,campground spaces and nonresidential buildings shall only be permitted for 'np educational,research or sanitary purposes. SR PC 07.31.19 Page 20 of 30 File#2018-120 Packet Pg. 2448 I V. STAFF-RECOM.MENDED CHANGES TO PROPOSED A 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 stl�. Staff proposed 5 amendments are as additions in red underline, deletions are red stFielien4hfough.6 7 *>,z* cv 8 Policy 101.5.25 00 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 101.5.1-101.5.20. [F.S. § 11 163.3177(6)(a)l.] Future Land Use Densities and Intensifies Residential(l) Nonresidential Minimum IL Future Land Use Category Open and Corresponding Allocated Densitya Space Ratio 2 Zoning t) Maximum Net Maximum (�l (per upland acre) Density{0) Intensity (per buildable acre IL (P ) (floor area ratio) Residential High(RH) 6 du(UR) 12-25 du(UR)W In' (IS-D 0),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. (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 Y pP Y requirement shall apply, (d) Future land use categories of Agriculture/Aquaculture,Education,Institutional,Preservation,Public Buildings/Lands,and c�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 File#2018-120 Page 20 of 30 Packet Pg. 2449 O.5.d (f) For properties consisting of hammocks,pinelands or disturbed wetlands within the Mixed Usel 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. cy 00 (h) In the RV zoning district,commercial apartments shall be allowed,not to exceed 10%of total spaces allowed or in existence on Q 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 X intensity shall not be counted cumulatively). IL U {j) 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. 2 0 IL (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 M 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 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 0 within the SR zoning district shall be 1 dwelling unit per platted lot,provided all of the following conditions are met: n Density bouts increase above the max net density provided may be 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 an other use or purpose on the plat e. ark,""common area,"etc.); U Y P rP P ( g•>"P 3) The platted lot must have a Tier designation of Tier III; _ t!5 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 cy 7) The subject parcel must comply with Policy 301.2.5 regarding legal access. 1 2 *>x* SR PC 07.31.19 Page 21 of 30 File#2018-120 Packet Pg. 2450 goal III future growth enhance the quality of life and safeiy--Qf affordable ho�usili'i 2 Monroe n hall ana fu r row to e c 0 County s m e affordable �j us 0 � orit t 0 0-dab 0 n 3 residents and ri ize he rovisi of a I sin iz 4 e t is co compliant t r sit t. To c tiv c the supply 0 a t incentivizg-the of�afford4tj��ag 5 :9 tha, safe de lian and resilient vide for the development of site-specific land use 6 near C14 of 40 affordable d to a maximum of units per 7 mechanisms limited to density increases u 8 buildable acre. transfer of ROGO exemptions within the Lower Keys modification to height. and ient the devilic-Irim- potential to address the 9 alternate off-street -arkin re uiremelILS to auin 10 inadequate availability of affordable E 11 X 12 1 0 13 &toek-4sIa*d.—. This Goal shall only be available to properties ivitliin theResidential Hi a. 14 Future Land Use Map (FLUM) category .2 15 subarea policy. 0 IL 16 17 Objective 111.1 )r .0 18 Monroe Count v shall create site- 3ecific subareasn Stock Island which Rrovide, density —bopmbe-s, (n 19 increases Lip to a iaximuln of 40 affordable [welling—ullifis per buildable acre for areas located in close pro?d�� 20 Lvelo in ��l . . Such site s ecific subareas ma 21 ei L center Ke West -�1e 0 :n to rnent _h_IVA, et fa ilj the TREs �Ijja �va off-street 22 facilitate 0 t in the huildinj,height envelope ba-� gh c� u Jernen 23 req ji 24 site-specific area located on, Stock Island shall 25 Stock-LSIId w�f e ite.�qrth 26 require a Polic definin the develo nient restrictions and allowances 27 28olicv 11.1.1 Stock Island Workforce Sub, eal 29 K 1: Ii p-L!�E i-A—ZA S�tc t i C,I ml 30 Workforce Subarea I shall �pf t 31 Development of affordable housing in the Stock Island W( Land Use DI�Jes� nation except as provided (n 32 re; �Iations�qlic�qble to�the Residential �hRH Future Land n�� 33 below: 34 35 1. Notwithstanding the density standards set forth in Policy 10 1.5.25,the Maximum Net Density of r 0 36 the Stock Island Workforce SubaArea I shall be 40 dwellin jer buildable acre for ro e E Z units buildable �rt transferable devel S. 37 within 38 2. There shall be no allocated or maximum net density standard available for market rate dwelling < 39 units or—transient units. SR PC 07.31.19 Page 22 of 30 File#2018-120 Packet Pg. 2451 0.5.d I Goal 111 2 Monroe County shall manage future growth to enhance the qualily of life and safety of County 3 residents, and prioritize the provision of affordable housing werkfere-e ];e„ ' g 0611u �hqhql d--that 5 Qoli,304 that is safe code compliant and resilient To incentivize the supply of affordable housing 6 near employment centers the County shall provide for the development of site specific land use 7 mechanisms, limited to density increases up to a maximum of 40 affordable dwelling units der 00 8 buildable acre, transfer of ROGO exemptions within the Lower Keys modification to height, and Ir-, 9 alternate off-street parking requirements to augment the development potential to address the 'a 10 inadequate availability of affordable housing in the Lower Keys 1 ,FBtiAo4:7P Jf+ r-oiigh Appheafit' I exeeedmy c 2c 12wi-t-hi—Hoa � + ,,ar-eas , + a-on x 13 Story island. This Goal shall only be available to properties within the Residential Hi h MR) 14 Future Land Use Map (FLUM) categry on Stock Island as established through a site specific 15 subarea policy. 16 17 Obiective 111.1 18 Monroe County shall create site-specific subareas located in Stock Island which provide density 19 increases up to a maximum of 40 affordable dwelling units per buildable acre bonuses for 'a 20 developing w^ kfefec affordable housing in suitable areas located in close proximity to an 21 employment center(Key West)suitable Such site specific subareas may A" 22 facilitate the transfers of ROGO-exemptions (TREs) 'ram may vary off-street parking 23 requirements, and may allow for up to three(3) stories within the building height envelope based-on 25 stops bie sl€mouths All site specific area located on Stock Island shall 26 require a Policy defining the development restrictions and allowances for the site c� 27 2 28 Policy 111.1.1 Stock Island Workforce SubaArea 1=To pr-ev ac I mft-p— 29 and Seer-ifi � N a�a.ali c RCJ[i'I-GTTV21s 30 31 Development of affordable housing in the Stock Island Workforce SubaAxea 1 shall be sub•ect to 32 regulations applicable to the Residential High(RH) Future Land Use Designation except as provided < 33 below: 34 35 1. Notwithstanding the density standards set forth in Policy 101 5 25 the Maximum Net Density of 0 36 the Stock Island Workforce SubaArea 1 shall be 40 dwelling units per buildable acre for Dropertv 37 within the UR zoning districts and shall not require transferable developpent rights 38 2. There shall be no allocated or maximum net density standard available for market rate dwelling 39 units or transient units. SR PC 07.31.19 Page 22 of 30 File#2018-120 Packet Pg. 2452 O.5.d 1 3. The maxinmin floor area ratio (FAR) t'or all nonresidential uses within the subarea shall be zero 2 A shoresrde support fac�hty associated with a mooring field as an accessory use associated with 3 the Wreckers Cav project within the FLUM and U Zoning District 4 5 6 r 7 4. Builin s that are .,^'• • *�r°'� elevatedjM to three (3) feet above base flood �nay be developed 00 8 with three 3 habitable floors 9 5. Parkiing requirements shall be 1 parking space Per one edroo it 1 5 Parkin s aces er o 10 bedroom rt and 2 p spaces per three be oo unit based o acce table data and 11 analysis reviewed and a roved b the PlanningDirector that evidences the sufficient i ntern odal 12 transportation including bus stops bicycle paths and utilization of scooters 13 6. Nonresidential uses shall e prohibited. Accessory uses to the residential d Dinent such as a 14 club house or recreational facilities are pe ed A shoreside support facilit associated with a 15 moonn field as an accessory use associated with the Wreckers Caw project within the R Ig 0 16 FLUM and UIR Zoning Di strict a. 17 7. All new residential units developed 18 within the Stock Island Workforce Subarea 1 shall be subject to the R©GC3 ennit allocation 19 s stem~ (n 20 8. The protest procedures set forth within Sec 102-158(d)(8 areplicable to applications 21 submitted under this Policy 111 1 1 22 9. A development a reement shall be required for any proposed development of an affordable 23 housi o n Project within the Stock Island Workfor~ce Subarea 1 to dune the income cate�o�y 24 distrib tlon for the proposed development 25 10. All.new affordable units developed within the Stock Island Workforce Subarea 1 shall require 26 occupants to derlvc at least seventy percent (70°l�) of their household income from ainful -19 19 27 entlaloyment in Monroe County 2 28 11._The boundary for the Stock Island Workforce Subarea 1 is legally described as Crovide full 29 legal deserrpt]on of the subarea} 30 <insert map> 31 32 12. The affordable units shall e rental units only (s 33 13. The Eighty (80)market rate dwelling units ma be transferred to IS and/or URM zonin districts 34 and may not be used for rentals less than 28 dam 35 36 37 38 V . CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE2 39 STOCK ISLAND-KEY HAVEN 40 FOR GUIDINGFLORIDA STATUTES. 41 SR PC 07.31.19 Page 23 of 30 File#2018-120 Packet Pg. 2453 I A. The proposed amendment is consistent with the Goals, Objectives and Policies of the I 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 8 Monroe County shall regulate new residential development based upon the finite carrying 00 9 capacity of the natural and man-made systems and the growth capacity while maintaining a 10 maximum hurricane I evacuation clearance time of 24 hours. 11 12 Policy 101.3.3 E 13 Monroe County shall allocate at least 20% of the annual allocation, or as may be established by < X 14 the State of Florida, pursuant to Administration Commission iission Rules, to affordable housing units 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 .2 18 the Land Development Code, but shall not be subject to the competitive Residential Permit 0 a. 19 Allocation and Point System in Policy 101.6.4. Any parcel proposed for affordable housing shall 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 future development and redevelopment to maintain and enhance 24 Monroe County shall regulate 0 25 the character of the community and protect natural resources by providing for the compatible - 26 distribution of land uses consistent with the designations shown on the Future Land Use Map. 0 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 31 mobile homes and manufactured housing, located near employment centers. 2 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, C 36 shall be achieved through the implementation of the Objectives and Policies, incorporated herein. U 37 Achieved is defined as being consistent with the Objectives and Policies, incorporated herein. 38 (Ord.No. 012-2012, DEO 12-IACSC-NOI- 4401-(A)—(I), eff. 7-19-2012) 39 40 Objective 108.1 41 Naval Air Station Key West and Monroe County shall exchange information to encourage E 42 effective communication and coordination concerning compatible land uses as defined herein. 43 (Ord. No. 012-2012, DEO 12-1ACSC-NOI-4401-(A)—(I), eff. 7-19-2012) 44 45 Policy 108.1.1 SR PC 07.31-19 Page 24 of 30 File#2018-120 Packet Pg. 2454 0.5.d 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 8 Monroe County shall regulate new residential development based upon the finite carrying 00 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. 11 12 Policy 101.3.3 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 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 18 the Land Development Code, but shall not be subject to the competitive Residential Permita. 19 Allocation and Point System in Policy 101.6.4. Any parcel proposed for affordable housing shall 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. (n 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 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 31 mobile homes and manufactured housing, located near employment centers. 32 33 GOAL 108 �s 34 The compatibility of lands adjacent to or closely proximate to the Boca Chica airfield of Naval 35 Air Station Key West (NASKW) pursuant to Sections 163.3175 and 163.3177, Florida Statutes, 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. 38 (Ord. No. 012-2012,DEO 12-IACSC-NOI-4401-(A)—(I), eff. 7-19-2012) 39 40 Objective 108.1 41 Naval Air Station Key West and Monroe County shall exchange information to encourage E 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 10 .1.1 SR PC 07.31.19 Page 24 of 30 File#2018-120 Packet Pg. 2455 O.5.d 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 a 7 officer copies of applications for development orders requesting a variance or waiver from height 8 requirements within areas defined in Monroe County's comprehensive plan as being in the MIAL00 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- 11 2012) 12 E 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 0 17 optional implementation in new construction and redevelopment of existing structures in areas a. 18 located within the MIAI. The list of recommended sound attenuation options may be based on 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 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 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 34 his or her designee and shall also be sensitive to private property rights and not be unduly 35 restrictive on those rights. (Ord. No. 012-2012, DEO 12-lACSC-N0I-4401-(A)-4I), eff. 7-19- 36 2012) 37 38 Goal 601: Monroe County shall adopt programs and policies to facilitate access by residents to 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 41 preferences. 42 e 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 File#2018-120 Packet Pg. 2456 1 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 I at 8 housing units, as specified in Policy 101.3.3. Affordable housing eligible for this separate 17 00 9 allocation must meet the criteria established in the Land Development Code. 10 11 Policy 601.1.9 12 Monroe County shall maintain land development regulations which may include density E 13 bonuses, impact fee waiver programs, and other possible regulations to encourage affordable X 14 housing. (L 15 with the Stock Island Livable Communikeys Plan. 16 B. The proposed amendment is consistent wi .2 17 Specifically, it furthers: 0 a. 18 19 Action Item 2.3.1 d FLUM categories as the regulatory tool used for 20 Continue to recognize land use districts an 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 0 25 Provide a density bonus unique to Stock Island to encourage the development of low to very low 0 26 income rental housing. 27 28 Strategy 3.3 of low to very low affordable housing options. 29 Maintain and improve the existing amount 0 30 31 Action Item 3.4.3 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. 36 (n of the adopted plan or any amendments to that plan U 37 For the purposes of reviewing consistency < and any amendments to the principles,the principles (0 38 with the principles for guiding development Q 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 4) E 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. SR PC 07.31.19 Page 26 of 30 File#2018-120 Packet Pg. 2457 0.5.d 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 8 housing units, as specified in Policy 101.3.3. Affordable housing eligible for this separate 00 9 allocation must meet the criteria established in the Land Development Code. 10 11 Policy 601.1.9 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. 15 a. 16 B. The proposed amendment is consistent with the Stock Island Livable Communikeys Plan. 17 Specifically,it furthers: 18 19 Action Item 2.3.1 2 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 . .1 25 Provide a density bonus unique to Stock Island to encourage the development of low to very low 26 income rental housing. 27 28 Strategy 3.3 29 Maintain and improve the existing amount of low to very low affordable housing options. 30 31 Action Item 3.4.3 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 35 Keys.Area, Section 380.0552(7),Florida Statutes. 36 �s 37 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan 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 E 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. SR PC 07.31.19 Page 26 of 30 File#2018-120 Packet Pg. 2458 0.5.d 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. 00 8 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural Q 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. E 12 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and 13 proposed major public investments, including: X 14 IL 15 1. The Florida Keys Aqueduct and water supply facilities; 16 2. Sewage collection, treatment, and disposal facilities; 0 17 3. Solid waste treatment, collection,and disposal facilities; IL 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; 23 8. City electric service and the Florida Keys Electric Co-op; and 24 9. Other utilities, as appropriate. 25 26 (i) Protecting and improving water quality by providing for the construction, operation, 27 maintenance, and replacement of stormwater management facilities; central sewage 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 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. 0 34 (k) Limiting the adverse impacts of public investments on the environmental resources of the 35 Florida Keys. 36 (1) Making available adequate affordable housing for all sectors of the population of the Florida 37 Keys. 38 (in)Providing adequate alternatives for the protection of public safety and welfare in the event of 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 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 SR PC 07,31.19 Page 27 of 30 File#2018-120 Packet Pg. 2459 I D. The proposed amendment is consistent with the Part 11 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 f comprehensive planning, it is intended that units 8 their jurisdictions. Through the process o 00 Ir- 9 of local government can preserve, promote, protect, and improve the public health, safety, CD 10 comfort, good order, appearance, convenience, law enforcement and fire prevention, and 11 general welfare; facilitate the adequate and efficient provision of transportation, water, M 0 12 sewerage, schools, parks, recreational facilities, housing, and other requirements and E 13 services; and conserve, develop, utilize, and protect natural resources within their X 14 jurisdictions. (L 15 t that adopted comprehensive plans shall have the 16 163.3161(6), F.S. — it is the intent of this ac permitted o public or private development shall be 17 legal status set out in this act and that n 0 18 except in conformity with comprehensive plans, or elements or portions thereof, prepared (L 19 and adopted in conformity with this act. 20 21 163.3177(1), F.S. — The comprehensive plan shall provide the principles, guidelines, standards, ed future economic, social, physical, environmental, 22 and strategies for the orderly and balanced M 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 0 25 consistent manner and shall contain programs and activities to ensure comprehensive plans 26 are implemented. The sections of the comprehensive plan containing the principles and 0 27 strategies, generally provided as goals, objectives, and policies, shall describe how the local 28 government's programs, activities, and land development regulations will be initiated, 29 continued to implement the comprehensive plan in a consistent manner. It is not E 0 modified, or c -19 30 this part to require the inclusion of implementing regulations in the 0 the intent of identification of those programs, activities, and land 2 31 comprehensive plan but rather to require 3: 32 development regulations that will be part of the strategy_egy for implementing the comprehensive d development 33 plan and the principles that describe how the programs, activities, and ]an 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 e:1 36 more detailed land development and use regulations. (n 37 38 163.3201, F.S. —Relationship of comprehensive plan to exercise of land development regulatory 39 authority.—It is the intent of this act that adopted comprehensive plans or elements thereof e adoption and enforcement of appropriate local 40 shall be implemented, in part, by the M 0 41 regulations on the development of lands and waters within an area. It is the intent of this act E 42 that the adoption and enforcement by a governing body of regulations for the development of M 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 SR PC 07.31.19 Page 28 of 30 File#2018-120 Packet Pg. 2460 O.5.d 1 A 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 8 their jurisdictions. Through the process of comprehensive planning, it is intended that units 00 9 of local government can preserve, promote, protect, and improve the public health, safety, CD 10 comfort, good order, appearance, convenience, law enforcement and fire prevention, and a 11 general welfare; facilitate the adequate and efficient provision of transportation, water, 0 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. 0 15 a. 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 18 except in conformity with comprehensive plans, or elements or portions thereof, prepared M 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 g Y > p Y � � 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 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 28 governments 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 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 U 33 plan and the principles that describe how the programs, activities, and land development 34 regulations will be carried out. The plan shall establish meaningful and predictable standards _ 35 for the use and development of land and provide meaningful guidelines for the content of �s 36 more detailed land development and use regulations. 37 38 163.3201, F.S. —Relationship of comprehensive plan to exercise of land development regulatory 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 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 SR PC 07.31.19 Page 28 of 30 File#2018-120 Packet Pg. 2461 0.5.d I VTI. 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 cv 7 Committee and the Planning Commission. 8 00 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 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 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. 21 22 23 24 V . STAFF RECOMMENDATION 25 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) 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 I I I and indicate a maximum density per buildable acre; 34 4. Modify the language in the proposed objective to clarify the incentives provided to 35 encourage the development of affordable housing, the eligible zoning districts and to require 36 the establishment of a Policy to utilize Goal 111; 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: 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 SR PC 07.31.19 Page 29 of 30 File#2018-120 Packet Pg. 2462 1 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 00 8 off-street parking decreases; 9 g. Include a statement that new residential units are subject to the ROGO permit 10 allocation system; E 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 X 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. 0 15 (L 16 VIII. EXHIBITS 17 18 1. Transmittal Resolution (n 19 2. Draft Ordinance 0 0 0 E SR PC 07.31.19 Page 30 of 30 File#2018-120 Packet Pg. 2463 0.5.d 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 for00 8 off-street parking decreases; 9 g. Include a statement that new residential units are subject to the ROGO permit 10 allocation system; I 1 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 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 2 0 16 17 18 1. Transmittal Resolution 19 2. Draft Ordinance a 0 �s c� �s �s �s SR PC 07.31.19 File#2018-120 Page 30 of 30 Packet Pg. 2464 0.5.d 1 7. All new residential units developed within the Stock Island Workforce Subarea 1 shall be 2 subject to the ROGO permit allocations stem 3 8. The protest procedures set forth within Sec 102 158(d)(8) are qP12licable to applications 4 submitted under this Policy 111 1 1 5 9. A development agreement shall be required for any proposed development of an affordable 6 housing project within the Stock Island Workforce Subarea 1 to define the income category 00 7 distribution for the proposed development. 8 10. All new affordable units developed within the Stock Island Workforce Subarea 1 shall 9 require occupants to derive at least seventy percent(70%)of their household income from 10 gainful employment in Monroe County 11 11. The boundary for the Stock Island Workforce Subarea I is legally described as: < rovide 0 12 full legal description of the subarea> 13 a. U 14 <insert map> 15 0 a. 16 12. The affordable units shall be rental units only. M 17 18 ** * 19 (n 20 Section 2. Severability. If any section, subsection, sentence, clause, item, change, or 21 provision of this ordinance is held invalid,the remainder of this ordinance shall not 22 be affected by such validity. 23 24 Section 3. Re aeal of Inconsistent Provisions All ordinances or parts of ordinances in 25 conflict with this ordinance are hereby repealed to the extent of said conflict. 26 27 Section 4. Transmittal. This ordinance shall be transmitted by the Director of Planning to the 2 28 State Land Plannin A 29 � g env y pursuant to Chapter 163 and 380, Florida Statutes. �s 30 Section 5. Filina and Effective Date This ordinance shall be filed in the Office of the 31 Secretary of the State of Florida but shall not become effective until a notice is 32 issued by the State Land Planning Agency or Administration Commission finding (s 33 the amendment in compliance with Chapter 163, Florida Statutes and after any 34 applicable challenges have been resolved. 35 36 Section 6. Inclusion in the Comprehensive Plan The text amendment shall be incorporated 37 in the Monroe County Comprehensive Plan. The numbering of the foregoing 38 amendment maybe renumbered to conform to the numbering in the Monroe County 39 Comprehensive Plan. 40 41 42 Ord -2020 File 2018-120 Page 7 of 8 Packet Pg. 2465 0.5.d I 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 17 8 Commissioner David Rice,District 4 00 9 BOARD OF COUNTY COMMISSIONERS 10 OF MONROE COUNTY,FLORIDA 11 12 BY x 13 Mayor Sylvia Murphy 14 15 (SEAL) 16 .2 17 ATTEST: KEVIN MADOK, CLERK 18 a 19 20 DEPUTY CLERK a 0 �s c� �s �s Page 8 of Ord -2020 File 2018-120 Packet Pg. 2466 O.5.d 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 cv 8 Commissioner David Rice,District 4 00 10 BOARD OF COUNTY COMMISSIONERS 11 OF MONROE.�CCTTY,FLORIDA 12 13 BY rfi 14 Mayor Sylvi Murphy 15 (SEAL) 16 17 ATTEST: KEVIN MADOK, CLERK , 19 2................ 20 DEPUTY CLERK 0 VW "< s � Ord -2020 Page 8 of 8 File 2018-120 Packet Pg. 2467 0.5.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 00 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* Patricia Fables,Assistant County Attorney Chris Ambrosio,Assistant County Attorney* Paunece Scull,Assistant County Attorney **Board Certified in City,County&Local Govt.Law IL August 6, 2019 2 0 Cheryl Cioffari Acting Senior Director Monroe County Planning & Environmental Resources Department 2798 Overseas Highway Marathon, Florida 33050 Re: Laurel Avenue Rizht-of-Way and TIITF Certificate for Filled Lands 0 Dear Senior Director Cioffari: �s I am enclosing the August 5, 2019, memorandum of law of Adele Virginia Stones, Esq., expanding 0 the scope of Ms. Stones's initial inquiry and resulting opinion letter of December 9, 2014, that addressed the question of ownership of the dredged material (fill)which forms the peninsula of land (the"peninsula land" or the "subject property")which lies to the east of the Laurel Avenue 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 2 Monroe County has no title ownership interest in the peninsula land, and opines that the County may apply to the Board of Trustees for the Internal Improvement Trust Fund (the "State")' for a 0i Certificate documenting the waterward boundary of the Laurel Avenue right-of-way so as to U enable the State to disclaim State ownership of any qualified, artificially filled bay-bottom meeting the requirements of Section 253.12, et seq.2 On April 17, 2019, the Monroe County Board of County Commissioners (the"BOCC") 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. 2468 0.5.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. 17 00 Ir- CD 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 a public easement claim. a Yours truly, 02 IS/Peter H. Morris Peter H. Morris, Esq. 2 Enclosure cc: Assistant County Administrator Christine Hurley 0 �s i i 0 U 0 i i Packet Pg. 2469 0.5.e OROPEZA NE �S CARDENAS A T T ® R N E V S A T L A W cv t" RF .x0RY 5 0 0P ZA A1)F:I 1. Alll GII, A S'0 N S 479!`+AIN) f,v7 CAV D11 N'IAS, 00 cv August S, 2019 X IL Robert B. Shillin er, Monroe County ty Attorney 2 Co unty o ty Atto ey@s Office . 1111 12th Street, Suite 40 Ivey West, FL 33040 Laurel Avenue R IIITF Certifgca..te for Filled Lands � Dear Mr. Shilliner: . 0 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 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. Based upon my review of the law,the known facts and existing documents, in the context of the scope of inquiry directed at that time, there was no record evidence to establish or support the i idea that the subject peninsula land 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 as required to establish a right-of-way as a matter of law. See Florida Statute § 95.361(1). Moreover, Monroe i County has no current ownership interest' in the peninsula land lying;east of the platted Laurel Avenue right-of-way. However,the purpose of this letter is to address Monroe C",ounty's i eligibility to apply for and receive a Certificate from the State of Florida-Department of Environmental Protection(FDEP)redefining the waterward boundary of the Laurel.Avenue right-of-way resulting in the extension of the Laurel Avenue right-of-way, including public access to the water lying below the mean high-water line as established by the process set forth in Chapter 23, Florida Statutes. i Monroe County holds the Laurel Avenue right-of-way in trust for the public,pursuant to the 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 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 term"title ownership." 1 of 2 22 . ;',kI,AOl R'10N ,S PIET J KUli 'JVES FI..C)CUDA 33040 TIILLI,M) s,JE ;105 294. 02,92 i FAX 305,294,5788 CO Packet Pg. 2470 Robert Shillinger, County Attorney Monroe County Attorney's Office August 5,2019 Page 2 ........ ... .................................. 00 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 the requirements of Florida Statutes Chapter 253.12, et seq. X I hope this clarifies the option available to Monroe County should it desire to pursue said a. U extension of Laurel Avenue in order to hold same in trust for the public access across the >% peninsula land to the open water. .2 0 a. Sincerely yours, (s Adele V. Stones, Esq. 0 0 c: P. Morris. 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 2 3) Trustees of the Internal Improvement Fund of the State of Florida(TIFF) Deed No. 22143 dated December 18, 1963 0 4) Phillips & Trice Sketch to Fill Application for Block 32 dated October 10, 1971 U 0 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 .E 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 E 2 of 2 Packet Pg. 2471 0.5.e cv 00 CD cv ATTACHMENT 1IL 0 IL 0 �s 19 19 0 u 0 Packet Pg. 2472 0.5.e 00 (n�_tr) IL CD r dl a2 IL y`' � e I jti a•'�rl: t . i • . r ( v� h� •a j ♦ b,I' h w S.' ��e � • • / 1. �rlt = V S 1 FF F I r I ellr t t : e : f s a ----------------- t 1 t • w •, t t i• I • i as s r M • Packet Pg. 2473 0.5.e cv 00 CD cv ATTACHMENT 2 �s 0 IL 0 �s 19 19 0 u 0 Packet Pg. 2474 0.5.e some so Tani= of OpAmb of 9p 096b of soft BMW toes 19962 00 SNOW ALL MW HT T8ii8B pRXUWUI Thst them tbs T=bw of t o totaotl Ito• ed ima at WOMMA had Qt t�if ShbvO atad 00 0 .� t0 tbi'ai ht bead�by dt the caw bass SM04 busdo.d end U14 and do 1W Van womb-004.bvpdq men 'oats the x dsamhed tsa.ik: CL U A psrael of bevy bottom lend is the Straits or Florsde euxt or soli �_ ads ant to a part or Mock 27 or a plat or aStoak I sttb � a • dlvs:soA of aoveremens Lots 1* 2 LIA 6. aeotioh 36. CL Lot Fe sects" 36. Qef lot 24 aid ftfo tsaant Z" to 8eatioa A all ss IDWAsp 67 let BURBe 95 Heat an e oons4. Florida,axwi reaeraad ;a Fiat Hooks At Rag* 35 ;Uia Aeaords or XOWOe ONUtYp Florida* WA awe PMUC401Y described foiloxst Co at the itttersaotsen or the eas0 3me or Sesund Street and the north isaa.Of But Level ate's rttn s 4=8 Uw 'a north llae of But l stirel Avame for a dset"ae of Sao root, were or teas to the point or beNl of the pareal or bay bottom 1" heap � isartw dos 1 , a point or begsmdsg beelft an me aboraLlas or the AW"to or ruwa tai r" odd polat or ....&MU to Rawl, nloag the tstrt.4n 33na or i3eet Cassel Awetasa t* for m. tame of 800 feet to yea point; theme at rUt �e to for � a dsstanoe of 290 feet* mesa or tees, to the terryes VAN— -- ww Um of a. So N ft 1; thawsws the a atheteriy VAL01 Or w r lice of Ti. S. ii . l !or e tanoa of 900 feet* Wre or lass* to the sh slue; thanoe amaider the eboreZlne in O MUthesatedy direstUA for a dsoteiage of 170 toot* MPG or Zees* be k to the "so orb * 4.3 Acme# � morn or less* and I1►As and be3ag in 6� 8out.h, a 25 Best, tionroo Cmimty* MarIft. 1ltote 4w aid 1*g and being in the Camly of is said as> 'TO 8AV$AND TO HO1+D the abm sad dlsedb.d Dssmbu BAV=AM Bii=V=6 sate the"W TVU%w e!dW Iatlaad � 0�F1Wf*sad their UUM to a0OWN~ad We dd aD Tdth the mftjkp an uodkhM and "filltap ba b.,oa ar U OTMM 8EMMATIQNBt LHona1 � iN TiiS1' iY WXBUW,,the wN'hasten.have tricot.SWWC&ad th.ir nam a sad a1ltead tb*sad and have awned the and et TER UWASTJOW OF AG$iCiTUi =(W MU grATHI OF FWhiAA to he hetagato alttsed,at the Cop" in the City d T&Uhane.,an this tko_ZifA�a..dar ad AM= �®�A.D.Nkdm Humb d F!! Seat to Fuller Warren Royco Oa Newarro KeyWest, Plorlde aowaes OIL) �I December 7eh, 1952 C. X. Gay CM C TR� L f.PiiND Alchard V. m rvl,n ) attaaiq ea.a~d � Nathsn Eieyo DWASTURIT OF AQBICCW.Tu3t>B ooast�d..nr of ARiavllQee As 80biD OF I= 'a WO."Offew Packet Pg. 2475 0.5.e cv 00 CD cv IL ATTACHMENT 3 �s 0 IL 0 �s 19 19 0 u 0 Packet Pg. 2476 0.5.e row FU CD cv 00 CD �of .� DAD$} 2� 341-K} � d*0 aa�hadgr o[ tmr cad to ThdWo �� Tea a to tiw►ra hand 's, cadother ocd 0 haft klmww N as �d7 � �Wed aaerV�� and a"cad .... U cad 2 to s B+ation 33S INK In � Channel , t a t hizw 67 9w�. 23 t wgg erTest ood'. y. VIWL Ot. and Ban" IL 1y sasibed lolioust 3'saet as lrortml ost CUMC of Block 32, according to plat tit tAtIA4 •All Lots 1, 2, 30 S, 6, 8aatfaa 3S! Lot 2, 8a 36s 7dt 3, sseUm 26, Lot 20, eeatioo 34, MM=BLS, 90AWM31 67 900th. 23 , a rQrel s raco in Plot Book 1, Page 35, Od� ROW,Fecomm of XOVAO Cataty, 1"lesida. � go **#testy along the aosth line of ?raid Bloch 33, a dir- tamce o! ILL l:at, nose or lone, to r. Pout an the ahosoliae of soar. China chamml, which pout is do Point of swinnings - 05000 aantitlua as■terly aloaq the saw line eutended into m the rs at Boca China i a dicta 000 toot to a pointy thanot at rCD 250 Ot to a point in�tha a �1iai�et OLL6 Block 32 t � r thaace aGt ri t SAVISO and eterZy a3orrp said U soak U a e! M rest, or loss, � back to the 4110co t thamos maunder the In a mart tomortba Bahl! of AiSMOUCA a dit tnaLogt' o! 370 last, as t 3,10 moat ar sad tbs(kOab to add ftft at 3hd as TO 8AVS AND 20 MLD tAd Won Plabd aid 8AVWG AND go DdWkp to and OTM=IZWATTOM- Now 0 C W&WI T� a 16a1e +rdl aorl * r OV FZGMA tr at 69 C4*4 to Om d TaNdomak q .Sb u,.. 191as .n.. s A.D. I I LY WDip C filwxww of w. � l Packet Pg. 2477 0.5.e cv 00 CD cv IL ATTACHMENT 4 �s 0 IL 0 �s 19 19 0 u 0 Packet Pg. 2478 0.5.e r d l I e w I ® w co 4 ' C3 i CL 1 19 0 i r 1� ® « ® f ca I � i v l P ® 1 1 4� Ii i 1 I ' � r rill. y s r Packet Pg. 2479 O.5.e cv 00 CD cv IL ATTACHMENT 5 �s 0 IL 0 �s 19 19 0 u 0 Packet Pg. 2480 0.5.e � 5 $w s y ..; I J o a { ^w 3 CL �." 00 19 1 t 19 J � r w I i � a® �ssa w 1 Packet Pg. 2481 0.5.e cv 00 CD cv IL ATTACHMENT 6 �s 0 IL 0 �s 19 19 0 u 0 Packet Pg. 2482 0.5.e cv B gg po Nil 11IJ INey 1� m 1ililt CL tea . till I fit I �1 fill sum t� ^'.n v� .�.,,'.„�., �., '`wr.,,"�w,, °�,� $ a .4 1 � & "`.«, gig CL yypp i lF t E1 1.1111 Bdi ull!! IMMIM 1 as t a 4 5 SB80EA.8:94F8A":P e t` "" •,,w-+°.2 '"'r�'°'4gy v„ M J a, r tl IM1111I III � �tA.a �r i€} Ogg# ' 112 �a 2 ® £ f $ 011 11 UP 0 ­­ UO g S 3 oi e° N _ l pill zo '11 {� 5t i r[$ �EFaa m s S o ARapt p'Ham' F Oil 1 BHT 3 , I z �P i gg $ol i Ap®�� ffi [ OWE WOE I e sr e I I I I Packet Pg. 2483 0.5.e cv 00 CD cv ATTACHMENT 7 �s 0 IL 0 �s 19 19 0 u 0 Packet Pg. 2484 0.5.e Ginn I Stones IFiu° immnm Hms9ey- u,usan [tea,6uuualley- uuisan@a°nonroeccu ni.y- .. a„uv] Sent: Wednesday,August 18„ 2014 .48 IIP 0. t""dun°nny Stones( utuuuy k,eyauawnet) Subject: IFW: u_aume9 Avenue Attachtnents: ha e003.upa ,; irnage005jp ti ha¢e006.jt 00 CD cv See Ib0ovu Susan Gri sNey„Asst. County Attorney I I I I 1 th Street, Sufte.408 x Key West„tw't,,.33040 1 „ re 0 IL . 3 .� "1 ...... 923616(fax.) arathogi Telephone .2 GOVERN ENT LAW c CITY,COUNTY IL .. From: C6arrke...Ju dit6°u To. rlrnsley-8uiamu SuVlJjj ct.m wd: Laurel Avenue �a 0 Seat fkcm my iPho e � trs . inn�' rw° cat message;; � From- °" lavnk-,: -arty' j y.j.j ,..._.yf'L -FL ov> To "PierceDent" pu�n�t% �� cv � " eto-Beth"' Lm t tin i 11~��onrou o unty � Gov,, ""Clan• e-.Ju dit�:n."" <Qla�Rw,a���... > c �> Sul ject,: RE: La rell Avenue Hel110 Susan, I have sorne tuwnfrr nna:tiaann on laurel. avenue.The, no.w. is 15 feet each way f.rom the center 0 line A.nd our n au gpaues past the air Anna t about 3 fcir t Tdue no dumping signs and nine button i signs were requested y the s�uayutff'au a�� .cc auuia,t f'Or mn?naintenarn.cc we sweep the road �weed eat the 0 fence line and do ,shoulder work-..The cfu.a un was not pint tip by Monroe coun:>ru.ty. E Mart t J. Shaun:, Supervisor Monroe County RoadDepartment � i 358.E South Roosevelt Blvd. � Key"West, FL 33040 u � n . v r � ,�_i . �.._ � �a ,.�� Help us � Please take aumo�; ttocon complete customer atns factno su rvey-, c � //.mounr()eco �nrtu.0 t li It Wea es/css Your i anrtaunttg s!1 I'lease�N'lote; Florida'lloridla.has, a �rer br.oaa records lavv. Most uro tteun conununications to or fion°nu the county regarding count, business are public records s u. Packet Pg. 2485 available to the public and media,upon.request. Your e-mail conversations may be subject to public disclosure. From: Pierce-.Dent C14 Sent: Tuesday,ApnI 01,2014 2:36 PM 00 To: Slavik-Marty Cc: Leto-Beth; Clarke-Aidith Susect. FW: Laurel Avenue E MMtY' X Please respond to the maintenance question and any other information. Thanks .2 0 Dent Pierce Public Works Director I 100 Simonton St,, Rrri. 2 231 Key'West,FL 33040 Office: 305 291 4560 Fax: 305-292-45,58 pierce-dent��m.onroecou fI_gL.)y­ .rvpjqp e denL( 0 0 [First to Respond. Monroe Cour-fty Public Works I.,ast to Leave] From, Grinaslley­­Susan > Sent: Tuesday, April 01, 2014 2.31 PM To:Pierce,Dent Cc- (.,'11arke Judifl-ii Subjects Lauxel Avenue 0 U 0 Ille east end of Izurel dead ends between Miarray Marine and the mobile home puk. . Can.you.tell me ho),)r wide our RM is? Does it stqp where tlie pavernerit,stops? Axe the no duinping signs and chain.the county's or were they put up privately? What about rnaintenance? Have we ever gone Further than the paverrient? E Any infomiation would be appreciated. [Des(.;niption. Description: Description: Description: City Counry-Loea[GovI,]Susa.n Gr""Sley, Asst. COUnty Attomey 1.11 I 12th Street, Suile 4.08 Key West, FL 33040 E 305.2923470 305.292.3516 (I`b) Marathon"Felephone 305.2892500 2 Packet Pg. 2486 0.5.e cv 00 CD cv IL ATTACHMENT 8 �s 0 IL 0 �s 19 19 0 u 0 Packet Pg. 2487 I RICK SCOTT AoRmAREPARTmw oF GOVERNOR ENVMONWNTAL PROTiCnON CARLOSLOPEZ-CANTERA LT.GOVERNOR MARJORY S rONEMAN DOUGLAS II3900 BUILDING �, EEe pLOR A 3 -30d➢O HERSCHEL T.VINYARD M00 SECR rARY June 6,2014 RECEIVED E E usan ° ley,Assistant County Attorney 12014 � Monroe o MONR E CO➢NTy ATTOFINEy �s 1111 12 Suite 40 Key West.,Florida 3 3040 0� a. Dear Ms. m 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 " 0 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 were conveyed by Board of Trustees Nos. 19962 and 22143(341-44). Records indicate the fill was placed to and of the road right-of-way prior to July 1, 0 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 referenced documents are enclosed for your information. � If this office can be of any firrther assistance regarding this determination,please address 2 g your questions Melanie Knapp, Government Operations o t 11,mail station No, 108 at the above letterhead address,or by telephone at(850) 4 -2 01. i Sincerely, ° Rod A.Maddox,PSM, o anager Office of Survey and Mapping Division of State Lands �I enclosures P»3 ➢314-4ILa l AveLSph-Stock Is➢snd doc ➢ 4v�_SPit-Stack Island.docx ca I www.dep.state,,f1.us I Packet Pg. 2488 O.5.e p� q 00 CD 10 iiiioi ` C'el � �� air✓ia� ;j 1r'�, ,., i 0 E N fN �maW x ,r a if v���dull Gg IL " IL r 'x 19 fee W i � drop I 1, 19, r ; r t 900 0 o", le earth � to 300 0 i C E i C 0 I Packet Pg. 2489 O.5.e cv 00 CD cv C 0 � µ eed Nos 19962 &22143(34144) at Laurel Ave. -Stock Island CL U I c� 24°34 b�. N X"4"N qa le :3,343 24 i4"a 4340,4236' 0 CLlip M Pmml7 r y. MWR 2MG F4m= W 4 2 Fbdda Cmirftv wHh 2 i C I 1 13 n �$ y G8 0 0 24117.374r, �Vch:�2�3 34': 414748.8061" I 0 m �A ue I 4i C 0 Packet Pg. 2490 0.5.e rr isr of tip Pid, of Aetna DEW .V _ cy HNUW ALL MEN BY TAM PRESMUS: That the T=Ekm of am intend hm- r commenum d the men d 00 .. .. ®� r Do to then in hand pdd • d it county of ftma . State d— bar RAD�td= .vats t�La rr ... E pined and sold.and do'by these yacaeants�.l+ergala.sell and sad saedgne.the < 'I of bay bottom land In tM Straits Of Allrlda east CC and puree IL s a sui.. t3 ivision of tkwernment late 1& 2 3s 5 and 6, sectim 35& r SBOUOU 26 and ftwOrA=nt lotr In r an in TovAmbip 67 Bouth, Rmeg@ PS East an Stock Island onree rfillorift and recorded in Plat BackIs Beards of Monroe Cottifts PIOPIdas and more particularly described aB At Page 55p MAG IL tr r run east along the &we or to the point of beginning Of the pumal of bey bottom lond kwo- isaid point or begivating 'a lanq the north line of East LeurvI Avenues =bonds& seats point, rests thence at right angles and north fw distance of 290 more or loans to the southesetevIr right-or-0 0 vy line of • a. Highway no. 1; thence run soathvestar3jv along the r� ,a utheastarly rLght-of-way line of U. Be Highway No. 1 i i back to the shorelines theme meander e shoreline in a Boutfteastarly direction for a distance of 170 tests loanscre or back to the point of beginning& containinis 4&3 across �3 !re or less, and :Lying and being in Isinveniq 6? i Range 25 .ast, Ronras County, novidam inl .... an eiIn Sam State d RoddhL I SAVING of on =i title to sm undivided=e4mg of all that Imay be h6 an or under**Amm deserlind ImI4 vkh the ' I U I 0 thAr ad und bave caused the ad d 7= DEPAR720M OF AMCULTUJM OF TUB STATE OF PIORMA to be becamts uffix4 at ■ sent o Ray-i'and j. Navarro .Y_1 .� _ Keyt®a cm c a t ® 1 _ 0 J. Edwin Larson as Richard V. Ervin E . — t . . As and 3111� Packet Pg. 2491 4 0.5.e rook *Mp fe 1 1 . " Rjmiba DEED 'LqO, 2 143 (341-44) ff Y P F . . a That aysde `gnu° of. sat00. .te of Mosida, under authority of law, for and in con6deration of the Te sand 0 /100 Dollars and other good valuable be considerations,_ Q .. ,I. rc _ma to bera in hRnd paid'by., l have t ��E2E GSA,.., ,...,.» .._.....,...m.... ..... .,M.,,._...IT.. ...,.. bar 5Ain�d d �4im wd do by these presents grant, bugain,M11 and convey,unto the am—lWYOLD ... A parcel of submerged land in Boca Chica Channel adjacent to 0ovrnent, Lot 2,q section 31, Township 67 South, Range U 25 East, Stock Island, Monroe County, Florida, and more particularly ularly described as follows- 2 0 From the Northwest Corner of Block 32° according to plat titled 'All Lots 1, 2, 3, 5, 6, Section 5a Lot; 2, Section M 36; Lot 3, Section .26, Lot 2, Section 34, STOCK ISIAM, � 'Township 67 South, :Range 25East", as recorded in Fiat � 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 Chica Channel, 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 to a point in the South Tine of said Block 32 � 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 � ne hweshe.rl;y direction a distance of 370 feet, more or less, U back to the Point of Beginning; I, f 3.70 m Haas �a d I > as .mirag r..___ _......_. _,_ _.._....... _ ....._..�.,a�.........�.. ._.. . eas treting in the nanty Oi..._,._,_._ rnroe a � #�s�f i�xi I ovement -Fund of the State of '�"Iarnds�° sad th " trifle undivU day of, all phosphate,To HAVE, AND TO HOLD the above V=W and descibed premizes forever. SAV1NG AND RESERVING unto Lbe said Tru&teea of the Inteml inhwah cased vxrbLhk � d ¢agile to in undivid of all petroknan that may be in, an on undiT the above de=flmd land, I with the privilege d develop the amp- 0 0 I IN d O OP, the mid 71notwo bAve bennmto syAwribed their d flatim th d have the of DPI. F A IC p° 'q OF k TA . or Fi IDA to he haramtoe °at the Capitat in the City of T °an this t , _ of f DecemberA. D. Ninelan Hand, on ins three � �a f nm�� Rom C D ES L i° YWD 'Tn w . ... ( ) w F GRICU �� n9 maaa of-gaRaaa7� - D DE As and Cam to TRUSMES THE FUNDO B STA OF FUIRMA0 Packet Pg. 2492 Security First Insurance- POLICY PROCESSING CENTER: P.O.BOX 628336 Invoice ORLANDO,FL 32862-8336 08/01/2019 C14 POLICY TYPE:DF3 DL 00 T_ POLICY NUMBER:P004639641 Q POLICY EFFECTIVE DATE:08/12f2019 12:01 AM POLICY EXPIRATION DATE:0811212020 12:01 AM DAVID GABOREK INSURED INFORMATION: E 490 S Lyman Ave < DAVID GABOREK Des Plaines,IL 60016-4822 52 Golf Club Dr X Key West,FL 33040-4382 Dear DAVID GABOREK, .2 Thank you for insuring your home with us.We appreciate your business and look forward to serving your 0 insurance needs for years to come.A payment is due on your policy.Your lie r has been billed and we Q. provided the following payment information.You are not required tot any action at this time.This 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 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 information, visit SecurityFirstFlorida.com/payment. 0 Current Term Balance Due: $653.00 0 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 as 0 U 0 SFI FL DF3 DL INVLH 04 17 2 1 -—----------------------------------- Please detach and submit this portion with your payment ------------------------------------------- r_ .2 ....................................... ............................................... .................. M Policy Number: P004639641 Named Insured: DAVID GABOREK S .......... E 0811212019 Balance Due:Payment must be received by Total Payment Enclosed ................ ... ........... ................................................................................ E Make Check Payable to Security First Insurance Security First Insurance PO Box 628336 < Orlando, FL 32862-8336 P00463964100000653003363 Packet Pg. 2493 0.5.e ON Wright National Flood Insurance Company A.Stock Company 'WRIGHT PO Box 33003 St.Petersburg,FL,33733 Hood Office: 800.820.3242 Fax® 800.850.3299 cv 00 DAVID GABOREK 08/12/2019 121VIcanths 09115187896300 T_ I CYNTHIA FOSCO CD Agency Number 736015 Mailing Address 490 S LYMAN AVE � E 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 Phone Number 305.517.6452 Phone Number 847.322.8419 IL �1��1�1111��%1111%���JJJJ �111 //ll, ��� %/I/11111111ii1J�11J�11J��JJ JIIJJJJIIJJI '` ,,,,r ll//�I/ II Il J11 "�J, 11 0 11, 1) a J111/ '!,,,11/lJ) 1 Payment Method Check IL Payer Lender Transaction Date 08/01/2019 Amount Paid $1,191.00 Check Number TBD / rr / f r i I/ 1 l f J 1 l A l 1 �I� f f LLER MORTGAGE LLC DBA KELLER MORTGAGE " 4725 LAKEHURST CT STE 400 DUBLIN,OH 43016-2251 Loan Number:01021907114389 Lender Type:First Mortgagee LenderInterest:Building Only Lender Clase(s):ISAOA Bill To Lender?:Yes � /a THIS IS NOT AN OFFER FOR ENDORSEMENT.THIS QUOTE IS NON-FIRM AND NON-BINDING AND SUBJECT TO REVIEW AND ADJUSTMENT. NC AS COVERAGE DOES NOT EXIST TNT PAYMENT OF TOTAL PREMIUM IS RECEIVED BY WRIGHT NATIONAL FLOOD INSURANCE COMPANY AND THE WAITING PERIOD HASX C N A ION CHECKLIST I (additional items,not indicated below,may be required) PLEASE SIT � T,,AIS TRpiNS TAL L CFIECK PA ENTS I Please include a copy of this form,signed by the check owner,when submitting your payment. � u or 0 .....m........ . NO COVERAGE XSTS UNTIL PAYMENT OF TOTAL PREMIUM IS RECEIVED AND THE WAITING PERIOD HAS EXPI RED. 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. R LR 091151878963 00 00000000 NB 1190812 4 ITY ECLEPXEELL 95906 E I Packet Pg. 2494 0.5.e STONES & ARDENAS ATTORNEYS AT LAW 221 SIMONTON STREET,KEY WEST,EL 33040 TELEPHONE(305) 294-0252 FAX(305) 292-5442 N WWW.StONESCARDENAS.COM 00 T- ADELE VIRGINIA STONES, P.A. SUSAN M. CARDENAS, P.A. Q _,December 9, 2014 X RECEIVED IL �s Robert Shillinger, County Attorney C 15 �i 2 IL Monroe County Attorney's Office Mot4fjoE COJNTY ATTORWEY 1111 12th Street, Suite 408 Key West, FL 33040 RE: Laurel Avenue Roadway and Ownership of Filled Lands Dear Mr. Shillinger: - cu 0 As a matter integral to the pending application for abandonment of the Laurel Avenue right-of- 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 0 Laurel Avenue right-of-way and public access to open water. Based upon my review of the documents, listed in date order below, I am of the opinion that > Monroe County ("County") is not the owner of any record or title interest in the peninsula land. i Despite the speculation that the peninsula land constitutes an extension of the Laurel Avenue 2 right-of-way, there is no record evidence to establish or support the idea that the peninsula land was dedicated as public right-of-way, accepted as a right-of-way, or maintained by the County 0 continuously for greater than four (4) years to establish a right-of-way as a matter of law(Florida Statute §95.361(1). 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 i lands are considered private property,with ownership granted to the 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, 0 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. 2495 0.5.e Robert Shillinger, County Attorney Monroe County Attorney's Office December 9, 2014 Page 2 00 It- 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). x The purpose of this letter is to disclaim any ownership of the peninsula land by Monroe County, Florida. This letter is not intended and in no way serves to make a determination of ownership 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 a. landowner(s) abutting the Laurel Avenue platted right-of-way presumptively have the right to cu claim ownership of the filled lands constituting the peninsula, as provided for pursuant to Florida 2 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 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 �s abandonment. c� Please feel free to contact me if you require further explanation or documentation of the opinion as to ownership. Sincerely Yours, 2I Adele V. Stones c �s AV S/cros c: S. Williams E 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. E 22143 dated December 18, 1963 4) Phillips & Trice Sketch to Fill Application for Block 32 dated October 10, 1971 Packet Pg. 2496 0.5.e Robert Shillinger, County Attorney Monroe County Attorney's Office December 9, 2014 Page 3 00 Ir- 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 Protection regarding ownership of fill placed waterward of Laurel Avenue right-of-way 0 ° c� i i �s i E i c� Packet Pg. 2497 0.5.e Y FORK"Ielgr1toten of 1jj�'jp e��t of tt�e #te of Nall DEED NO 19962 00 KNOW ALL MEN BY THM PRRMddM* That the underalgaed,the Ttvsteas of the Int�ntl 1W CD provement Fund of the State of Florida,under authority of law,far and in considaeatiat of the sum of El� Six Hundred Fort Iva smA 00/100 _ t b4,�.00) DOLLARS,to them in hand paid by ANIMtun rs_ RAVARM of the County of ldoerae state of d�lorida I have smatek beraaloW and sold,and do by those pneseata grant,bargain,salt and envoy,unto the said _ RAYMOND 0. NAYARRD and. his ten and assigas,the 0 followin=described lands,to-wit: IL A parcel of bay bottom land in the Straits of Florida, east of add adjacent to a part of Stock 23 of a plat of •Stock Island' a Sub— division of Government Leta 1, 2130 5 aml b, section 35, U;Wnloeat Lot 2, section 36e Oowesztmsnt Les 3e section 26 and tlorernment tot 20 IL Section 34, all in Tomakip 67 South, Rage 25 Met on Stook Island Monroe County„ Florida and recorded in Plat Hook 1, At Page 550 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 Gast Laurel Avenue, runt seat along the north line of East Laurel Avenue for a distance of 320 feet, more or 'a bay leas, to the point of beginning of the parcel of b bottom land here- r_ inafter described, said point of beginning being an the shoreline of the straits of t*loridal frost said point of beg Sitalft continua east along the north line of East Leural Avenme, "teniied east, for a dia- tance of 800 feet to a point; thence at right angles and north for a distance of 290 feet, sore or less, to the southeasterly right-of- way line of D. S. Highway No. 11 thence run southwesterly along the so utheastarly rightoof-way line of U. S. Highway No. 1 for a dis- tance of 900 feet, more or less, back to the ahorelinte; thence meander � the shoreline in a southeasterly direction for a distance of 170 feet; more or lose, back to the point of beglxtolego contsiaing 4.3 acres, more or lose, and lying and being in ibwnahip 67 south* Range 25 Beat, Monroe County, Florida. caalai�tin 3 > > �=.,-. more er loss,and binsbinsand being in the County ot._ l/ortt`oe in said State of Florida. TO HAVE AND TO'HOLD the above granted cad deseribed pre*n toaever. SAVING AND RESERVING unto the said Trustsaa at the 7aterad Iaxwesent Fund at the state of Florida, and their suaoeurors, title to an mdiviad thrse4ourtha of sa phosphate,minerals and make* and tit]*to an with the Prlvffeyeu iv colas eof �that aq be W,as or under the above daeerlbed Lad, U 0 OTHER RESERVATIONS: I (Roma) IN TESTnWNY WHEREOF, the said Truatass have bersonto aubearibed their yens and affixed their seal and have caved the 'sal of THE DEPAR73MNT OF AGRICULTURE OF THE STATE OF FLORIDA to be hereunto affixed, at the Capitol, in the City of Tagahaneo,an this the_..2DAa._4ay of � Js nuary Fifty-two -.--. A. D. Nineteen 8usdred cud_. � Sent to Fuller Warren Raymond O. Ravarro co.eeaar (SEAL) aul Key beat, Florida December 7th, 1952 C. X. Gay (SEAL) 0 (SEAL) J. Edwin Larson ( }TRtP3=S I. I. FUND 0 Richard W. Ervin (SEAL) Altereq QeserA 0 Nathan [Rays (SEAL) OF AGRICULTURE _ Of MridultOm —($RAL) As&ad osing tbe TRUSM OF THS Ri ERRNAL nUWVMMNT FUND OF TRE STATE OF F14MA Packet Pg. 2498 0.5.e MEMO. room a-n CD �31t+er:uti —UM�tI# �f Ant 00 b of Nor% CD MD NO 22143 341-44) IM M ALL M BY TUM PBMtSB M# That 1W vadaaigaad,the Ttsatw et the tsUseal bs• paeramael Fm�d of lbe stab at Finn& nadw an�dty of IM, ba sod is a*aidawisn ad tons Tea and 00/100 Dollars, and *that good and valuable considerations ==Rk to thsm in hand paid hP h L. PM)YU MS and M" 4 PA=M. his Wii fa^, a!the Comb sr ttonroe Stew at Ploacida 'hays gamiA buVlaW a*d @old.and do by than-nos,park ba gahh ari ad a smy,one the nhf_ BMIROt�D L. talfowBtt dseedbed binds,to•wlt: IL and SM go FAIUM- us wift, and their sad*Waft to 2 A parcel of submerged land in Son Chica Channel adjacent to Gmernmept Lot 2, Section 3S, Township 67 South, Stange IL 25 East, Stock Island, Monroe County, Florida, and acre particularly described as follows: oI Prom the lrortbMat Corner of Block 32, according to plat titled •All toots 1, 2, 3, 5, 6, Section 351 Lot 2, Section 36M Lot 3, section 261 Lot 2, Section 34, VNM .XSL Ws Township 67 south, Mange 25 Bast*. as recorded in Flat Hook 1, page 55, Official Records of Xonroe County, Florida, go easterly along the north line of said Block 32, a dis- 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 O a point,, thence at right angles and southerly a distance of 250 loot to a point in the South line of said Block 32 extend*dr thence at right angles and Westerly along said o� Soutu line extended a distance of 540 feet, more or less, back to the ahoraliner thence meander the •shoreline in a northwesterly direction a distance of 370 feet, more or less, back to the Point of Beginnings .a 3.70 moan er Ma^,aed and Inky in the Caemb of ioaroe ,In atd State at Fbddo. TO HAVZ AND TO NOIA tiw*ben smabd sad Ammo sd pnmtns boseoa SAYING AND RB MVIN4 tub the aid'!mdm d'Ve luband t�mseewmeat Food o! r 8d�1a of/bolds,and flub waaw�,tilt t*as and v&W t oWmadw at ap mhno*Ma aes aim atbWs tot an W�dmiep�s�ao="may be In.an o r-un r the absw dsaoftm! O OTJMffit RBSIAYATIONS:• hone O I IN TESTIMONY WHEREOF, the aid Ttudm how buwaft *Amwgmd Oak names and an 9wo d **d haw mood dm ant of MWASTAWNT A4RiCMTURS OF T—M STA=_ FLORMA to be hm*aiets sAasd,at Ow Cspitd,in the Ctti►of TaAah*m K n-d&do lath _1W of December A. D. t4� !xt -thrao MAL1 I adoc c RUSIZZO L"L FUND (( ' (Q AU � IMEF, OF AOMCULTORti �,aoeodsdeasr.t Apindaro TROBTlW OC~TM1bI7M*8 I FUND OF TSM VrATZ O7�L A>W Packet Pg. 2499 O.5.e i r j 1 .} 1 1 t f 00 CL CL 4b 19 -19 i� < is t z � w S f • •` '" r N y�rNs � �• t � 4 Packet Pg. 2500 O.5.e { cv Lo �j ! -. - F t� s a t a t w •t ' 'i t w � 00 CD CL CL It m y�Z n IrN� 4� error.IVer4 P•Af1p' a Packet Pg. 2501 0.5.e 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 00 cv See below QRrj}y Susan Grimsley, Asst. County Attorney 6' 1111 12th Street, Suite 408 0 H Key West, FL 33040 305.292.3470 t 3 �'p —snn tig� 305.292.3516(fax) ��17 c gS�4 Marathon Telephone 305.289.2500 .2 0 1 CITY,COUNTY &LOCAL GOVIINMENT LAW [ From: Clarke-Judith Sent: Wednesday, April 02, 2014 1:21 PM To: Grimsley-Susan Subject: Fwd: Laurel Avenue 0 Sent from my iPhone Begin forwarded message: u From: "Slavik-Marty" <Slavik-Marty�a MonroeCount�FL.Gov> To: "Pierce-Dent" <Pierce-Dent�7a MonroeCounty-FL.Gov> Cc: "Leto-Beth" <Leto-BethgMonroeCounty-FL.Gov>, "Clarke-Judith" <Clarke- i Judith monroecounty-fl.gov> Subject: RE: Laurel Avenue i 0 Hello Susan, 0 I have some Information on laurel avenue.The r.o.w. is 15 feet each way from the center i 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 fence line and do shoulder work.The chain was not put up by Monroe county. i Marty J. Slavik, Supervisor Monroe County Road Department 3583 South Roosevelt Blvd. Key West, FL 33040 E (305) 295-5193 slavik-martyrgmonroecounty-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. 2502 0.5.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 17 00 To: Slavik-Marty Cc: Leto-Beth; Clarke-Judith Subject: FW: Laurel Avenue Marty, Please respond to the maintenance question and any other information. Thanks a. �s 0 Dent Pierce a. Public Works Director 2 1100 Simonton St., Rm. 2-231 Key West, FL 33040 �s Office: 305-292-4560 Fax: 305-292-4558 pierce-dentgmonroecounty-fl.gov< 0 [First to Respond Monroe County Public Works Last to Leave] From: Grimsley-Susan <1 Sent: Tuesday, April 01, 2014 2:31 PM To: Pierce-Dent Cc: Clarke-Judith Subject: Laurel Avenue i 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? Any information would be appreciated. [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. 2503 0.5.e i RICK SCOTT FLORIDA DEPARTMENT OF GOVERNOR ENVIRONMENTAL PROTECTION CARLOs LOPEZ-cANTERA MARJORY STONEMAN DOUGLAS BUILDING LT.GOVERNOR 3900 COMMONWEALTH BOULEVARD It- TALLAHASSEE,FLORIDA 32399-3000 HERSCHEL T.VINYARD JR00 SECR1';TARY June 6,2014 RECEIVED E ? Susan Grimsley,Assistant County Attorney r rUN 12014 4) Monroe County �ONHOE COUNTY ATTQHNEy t3 1111 12"'Street, Suite 408 Key West,Florida 33040 2 0 Dear Ms. Grimsley: 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. 0 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 2 may not be state owned if all other criteria of the statute are met. Copies of the referenced documents are enclosed for your information. > i 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. 108 at the above letterhead address,or by telephone at(850)245-2801. 0 0 Sincerely, i i E Rod A.Maddox,PSM,Program ger Office of Survey and Mapping i Division of State Lands RAM/mjk enclosures j F:\TLTLE\MELANIE11314-4\Laurel Ave Spit-Stock Island.docLaurel Ave_Spit Stock Istand.docx I � 1 I www.dep.statefl.us Packet Pg. 2504 x' k _ a ,9 s • Y i fill CoOt�k ! �. ' � 1 s O.5.e i cv CD 00 �� Cbeed Nos 19962 & 22143(341-44) at Laurel Ave. - Stock Island CL 24°34 .2549, 81°44'10.6487" Scale 1:3,343 24 W32.8848",-81443'48.4935" si Ras 0 CL ' 40 t � Aehai Imagery 2011-2013 All Parcel Types(BADS) TIGER 2010 Places ❑2uWlc Land Survey System ❑Florida Counties Win Shoreline (areas) As' n1 fiery Flight Dates 201 t2 x 1 � i .d. � i I t0 I HI 0 " t• I 24134'1 .7451",-81044'10.8685"L 24'34'17.3748",-81°4348.8061" 1 Inch=279 teat i ts,r.onsw.eed RM�d4n0�dJn.rin►+=WhM"WY .FKIA.,=4ISM26urei uYltwiM,""11.nsw.....rrwmdit-* Mdhl d �mt"Ifb01i)me01f0Y1Dila M-5 VrtatlFY� O A"W" T"c ariE� dl R. W1M O MW � _I t1d C I t Packet Pg. 2506 i F010I Z of flig riatus 1fofAl=iba .DEED NO. 199b2 KNOW ALL MEN BY THESE PRESENTS: That the undersigned, the Trustees of the Internal Im- propement Fund of the State of Florida, under authority of law, for and in consideration of the sum of00 S x-Hundred BortYtfive and 00 00 - .. (4643.00) DO ZARB,to them in hand paid by RAYM14D G. HAVARRO of �xe County of 14o4e , State of Florida have granted, bar pined and sold,and do by these presents grant,bargain,sell and convey,unto the said_ 0 RAYRO2,11) G. NAVARRO and his I+eirs and sasigm,the foll wing described rands,to-wit: �► parcel of bey bottom land in the Straits of Florida, east of and d,jacent to a part of Block 23 of a plat of •Stock Island', nano- U Vivision of government Lots It 20 3, 5 and 6. Section 35, government Section 26 and tovernment lot 2, Est 2, section 36, Govesniaent Lot 31 � $action 34, all in Township 67 South, Range 25 East of Stock Island, anroe County, Florida and recorded in Plat Book 1, At Page 55, Public tecords of Monroe County, Florida, and more particularly described as � 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 beginning continue east � long the north line of East Laurel Avenue, "tended east, for a dis- arlce of 800 feet to a point; thence at right angles and north for distance of 290 feet, more or less, to the southeasterly right-of- *ey line of U. S. Highway No. 1; thence run southwesterly along the iu {so utileasterTy right-of-WAY line of U. S. Highway No. l for a dis- O pwice of 900 feet, more or less, back to the shoreline; thence meander (th«: shoreline in a southeasterly direction for containing ance Of3170 aereast# more or less, back to the point of beginning, � pore or less, and lying and being in Township 67 South, Range 25 ;East, i•lonroe County, Florida. ca 3 � containing__. 4. _ 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 of;Florida, and their successors, title to an undivided three-fourtba of all phosphate,minerals and metals, an} title to an undivided one-half of all petroleum that may be in, on or under the above described Iand, O witch the privilege to mine and develop the same. OTHER RESERVATIONS: C (None) g IN TESTIMONY WHEREOF, the said Trustees have hereunto subscribed their names and affixed their seal and have caused the seal of THE DEPARTMENT OF AGRICULTURE OF THE STATE OF F,ORTDA 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_ Rifty�two Bent� to Fuller :barren Ray-fond ). Navarro µGovernor Key IWest, Florida C, id. Gay Dec mbpr 7th, 19,52 ca,npcaniier J. Edwin Larson _ 0 ( EAL) _ _ Treasurer TRUSTEES I. I. FUND Richard W. Ervin (SEAL) __.._ ..._- •Attoraep General (SEAL) Nathan Mayo —(SEAL) DEPARTMENT OF AGRICULTURE COiA6b�OII� °i Ate ` j As and Composing the TRUSTEES OF THE INTERNAL IMPROVEXFXT FUND OF THE STATE OF FLORIDA Packet Pg. 2507 0.5.e FOX} e.2i {'insteeB of t4e �n rnal c 32t IEliierit luz trf toe ostau Df Llllur a DEED N0, 22143 (34_1-44) KNOW ALL MEN BY THESE PRESENTSi That the undersigned, the Trustees of the Internal Im Its - 00 pro*ement Fund of the State of Florida, under authority of law, for and in consideration of the sum of Ten and 00/100 Dollars, and other' good and valuable considerations, _ Q XUQUQU,to them in hand paid by. _ Rfl _, «PAYLOR and MARY Q . P�►1'LOR, his wife. of to County of___ _Monroe _.___..., State oL _...Florida , have granted, bar 'red and sold,and do by these presents grant, bargain,sell and convey,unto the said__... ?OLD L.� _._.._._._2A Ord and blARY G. P]4YI,0.R, his wifa,, ._�....xnd their —heirs and assigns, the toll Fling described lands,to-wit: x A parcel of submerged land in Boca Chien Channel adjacent to Government Lot 2, Section 35, Township 67 South, Range d> 25 East, Stock Island, Monroe County, Florida, and more particularly described as follows: C IL From the Northwest Corner of Block 32, according to plat m titled "All Lots 1, 2, 3, 5, 6, Section 35; Lot 2, Section 36; Lot 3, Section 26; Lot 2, Section 34, STOCK ISLAND, m Township 67 South, Range 25 East", as recorded in Plat Book 1, Page 55, Official Records of Monroe County, Florida, go easterly along the north line.of said Block 32, a dis- 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 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 j 250 feet to a point in the South line of said Block 32 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 m northwesterly direction a distance of 370 feet, more or less, back to the Point of Beginning; i r > con mg 3.7 0 _acres,more or isle,and lyins as being in the County OL..___ .Monroe _-r- --_� 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 m Of 1lorida, and their successors, title to an undivided three-fourths of all phosphate, minerals and metxlr, fll an title to an undivided one•balf of all petroleum that may be in, on or under the above described lend, 0 with the privilege to mine and develop the same C OTHER RESERVATIONS: None 0 IN TESTIMONY WHEREOF, the said Zruntees have hereunto subscribed their names and afted thepr seal and have caused the seal of THE DEPARTMENT OF AGRICULTURE OF THE STATE OF FLORIDA to be hereunto of bwd,at the Capitol, in the City of Tatla mosee, on this the__18th day f December . t -three .. ..__. __ _... ____, A. D. Nineteen Hun an --- __. (SEAL) m -or � {BEAL) Comptroller (JAL) EES I. I. FUND _ Tx �y ` ! tt^_ e9 CaAerai (StAL) DEPARTMENT OF AGRICULTURE Commissioner of Agri¢ultwi As and Comoodu the TRUSTEES OF THE yUND OF THE`T TEE OF ID FL4RV9A Packet Pg. 2508 OS T 1 Qrrro2 T Qi� r 7 So; , . 5 ., 6 7 MONROE COUNTY, FLORIDA 8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 9 ORDINANCE NO. -2020 10 11 12 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY 13 COMMISSIONERS AMENDING THE MONROE COUNTY 14 COMPREHENSIVE PLAN POLICY 101.5.25 TO PROVIDE A DENSITY 15 BONUS ABOVE THE MAXIMUM NET DENSITY FOR AFFORDABLE 16 HOUSING FOR A PROPERTY SUBJECT TO A SITE-SPECIFIC SUBAREA 17 POLICY ESTABLISHED UNDER PROPOSED GOAL 111 OF THE 18 COMPREHENSIVE PLAN; ESTABLISHING GOAL 111 AND OBJECTIVE 19 111.1 TO INCENTIVIZE AFFORDABLE HOUSING DENSITY BONUSES 20 THAT EXCEED THE ESTABLISHED MAXIMUM NET DENSITY 21 PROVIDED IN POLICY 101.5.25; AND CREATING POLICY 111.1.1 STOCK 22 ISLAND WORKFORCE SUBAREA 1; ESTABLISHING THE BOUNDARY OF 23 THE STOCK ISLAND WORKFORCE SUBAREA 1; LIMITING THE 24 PERMITTED USES OF THE SUBAREA TO DEED RESTRICTED 25 AFFORDABLE HOUSING DWELLING UNITS; ESTABLISHING 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 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 LLC; PROVIDING FOR SEVERABILITY; 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 PLAN; PROVIDING FOR AN EFFECTIVE DATE. (File 37 #2018-120) 38 39 40 41 42 WHEREAS, on June 20, 2018, the Planning and Environmental Resources Department 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 Ord -2020 Page 1 of 11 File 2018-120 ' T 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 9 WHEREAS,the Applicant has also requested a corresponding Land Use District(Zoning) 10 map amendment for the Property from Urban Residential Mobile Home (URM) to Urban 11 Residential (UR), and 12 13 WHEREAS, the Monroe County Development Review Committee (DRC) reviewed and 14 considered the proposed amendment at a regularly scheduled meeting held on the 25th day of June, 15 2019; and 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 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 II 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: 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: 36 a. The Eighty (80) market rate dwelling units may be transferred within Stock Island 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. 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. Ord -2020 Page 2 of 11 File 2018-120 1 3. Amend the proposed Policy 111.1.1 to rental units only. 2 3 WHEREAS,at a regular meeting held on the 21st day of August 2019,the Monroe County 4 Board of County Commissioners held a public hearing to consider the transmittal of the proposed 5 text amendment, considered the staff report and provided for public comment and public 6 participation in accordance with the requirements of state law and the procedures adopted for 7 public participation in the planning process; and 8 9 WHEREAS, at the August 21, 2019, public hearing, the BOCC considered the proposed 10 Ordinance and transmitted the proposed text amendment to the State Land Planning Agency; and 11 12 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an 13 Objections, Recommendations and Comments (ORC) report on November 22, 2019, received by 14 the County on November 22, 2019; and 15 16 WHEREAS, the ORC report did not identify any objections or recommendations; and 17 18 WHEREAS, the ORC report included the following comment: Stock Island is within the 19 Military Installation Area of Impact (MIAI). The county has several policies related to reducing 20 and maintain densities within the MIAI and Coastal High hazard area. The County should consider 21 the 65-69 DNL Noise Zone 2 as they approve receiver sites for the proposed units. Additionally, 22 the county should adopt a map into the Future Land Use series that depicts the proposed subarea 23 and provide a legal description; and 24 25 WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the 26 proposed amendment, adopt the amendment with changes or not adopt the amendment; and 27 28 WHEREAS,at a regularly scheduled meeting on the 22nd day of January,2020,the BOCC 29 held a public hearing to consider adoption of the proposed Comprehensive Plan text amendment; 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 32 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 33 34 Section 1. The text of the Monroe County Comprehensive Plan is hereby amended as follows 35 (Deletions are shown strike-thr-ough; additions are shown underlined): 36 37 Policy 101.5.25 38 Monroe County hereby adopts the following density and intensity standards for the future 39 land use categories, which are shown on the FLUM and described in Policies 101.5.1- 40 101.5.20. {F.S. § 163.3177(6)(a)1.] Ord -2020 Page 3 of 11 File 2018-120 Future Land Use Densities and Intensities Residential(I) Nonresidential Minimum Future Land Use Open Allocated Maximum Net Maximum Space Rati Category and (a) . (a)(b) o(c) Corresponding Zoning DensityDensity Intensity (per upland acre) (per buildable (floor area ratio) acre) ***** Residential High(RH) 6 du(UR) 12425 du (IS-D 0),URM,URM-L l du/lot(URM, (UR)(k)in] and UR zoning) URM-L) N/A(ISD,URM, 0 0.20 2 du/lot(IS-D) URM-L) 0-10 0 4,20 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. Ord -2020 Page 4 of 11 File 2018-120 (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 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 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 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 increase.above the max net density provided may be 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.); 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. 1 2 ***** 3 Goal 111 4 Monroe County shall manage future growth to enhance the quality of life and safety of County 5 residents, and prioritize the provision of affordable housing that is safe, code compliant, and 6 resilient.To incentivize the supply of affordable housing near employment centers,the County 7 shall provide for the development of site-specific land use mechanisms, limited to density 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 Ord -2020 Page 5 of 11 File 2018-120 1 parking requirements, to augment the development potential to address the inadequate 2 availability of affordable housing in the Lower Keys. 3 4 This Goal shall only be available to properties within the Residential High (RH) Future Land 5 Use Map (FLUM) category on Stock Island, as established through a site specific subarea 6 policy. 7 8 Objective 111.1 9 Monroe County shall create site-specific subareas located in Stock Island which provide 10 density increases up to a maximum of 40 affordable dwelling units per buildable acre for I 1 developing affordable housing in suitable areas located in close proximity to an employment 12 center(Key West). Such site specific subareas may facilitate the transfer of ROGO exemptions 13 (TREs), may vary off-street parking requirements, and may allow for up to three (3) stories 14 within the building height envelope.All site-specific areas located on Stock Island shall require 15 a Policy defining the development restrictions and allowances for the site. 16 17 Policy 111.1.1 Stock Island Workforce Subarea 1 18 Development of affordable housing in the Stock Island Workforce Subarea 1 shall be subject 19 to regulations applicable to the Residential High(RH)Future Land Use Designation except as 20 provided below: 21 22 1. Notwithstanding the density standards set forth in Policy 101.5.25, the Maximum Net 23 Density of the Stock Island Workforce Subarea 1 shall be 280 affordable dwelling units at 24 a density of 40 dwelling units per buildable acre for property within the UR zoning district ✓ 25 and shall not require transferable development rights. 26 27 in 28 29 O o o 30 2. There shall be no allocated or maximum net density standard available for market rate 31 dwelling units or transient units. 32 33 3. The maximum floor area ratio(FAR)for all nonresidential uses within the subarea shall be 34 zero. A shoreside support facilityassociated with a- 35 mooring field may be permitted as an accessory use associated with the 36 Wreckers Cay project within the RH FLUM and UR Zoning District. 37 4. The Eighty (80) lawfully established market rate dwelling units may be transferred within 38 Stock Island upon approval of a minor conditional use permit following the approval of a 39 development agreement associated with the Wreckers Cay project. Additionally, all of the 40 following criteria shall apply: Ord -2020 Page 6 of 11 File 2018-120 1 2 a. No sender units may be transferred to an area where there are inadequate facilities 3 and services. 4 5 b. Transfer off-site shall consist of the demolition of the dwelling unit on the sender 6 site. 7 8 c. Transfer of Lawfully Established Unit Types: 9 10 i. Transter of a transient unit. A lawfully established hotel room, motel 11 room, campground space, or recreational vehicle space may be 12 transferred off-site to another hotel, motel, campground or recreational 13 vehicle park. 14 15 ii. Transfer of a market rate unit. A lawfully established permanent market 16 rate dwelling unit may be transferred to a receiver site and developed as a 17 market unit, provided that one of the following is satisfied: 18 1. A 99 year deed-restricted affordable housing unit, pursuant to 19 Sections 101-1 and 139-1, is redeveloped on the sender site; or 20 2. The sender site is dedicated to Monroe County for the 21 development of affordable housing and an in-lieu fee per unit, 22 based on the current maximum sales price for a one-bedroom 23 affordable unit as established under Section 139-1(a), is paid to 24 the affordable housing trust fund; or 25 3. A 99 year deed-restricted affordable housing unit, pursuant to 26 Sections 101-1 and 139-1, is developed on a Tier III property 27 (single-family residential lots or parcels) and the dwelling unit on 28 the sender site is demolished and the sender site is restored. 29 30 d. The Receiver Site shall meet all of the following criteria: 31 i. The Future Land Use category and Land Use (Zoning) District must allow 32 the requested use. 33 ii. Must meet the adopted density standards. 34 iii. Includes all infrastructure (potable water, adequate wastewater treatment 35 and disposal wastewater meeting adopted LOS, paved roads, etc.). 36 iv. Located within a Tier III designated area. 37 v. Structures are not located in a velocity (V) zone or within a CBRS unit. 38 vi. Receiver sites in the Day-Night Average Sound Level (DNL) 65-69 must 39 incorporate measures to achieve an outdoor to indoor Noise Level 40 Reduction (NLR) of at least 25 dB. 41 vii. Receiver sites in the DNL 70-74 must incorporate measures to achieve an 42 outdoor to indoor NLR of at least 35 dB. Ord -2020 Page 7 of 11 File 2018-120 1 viii. Receiver sites for transient housing in the 75-79 DNL must incorporate 2 measures to achieve an outdoor to indoor NLR of at least 35 dB. 3 4 e. Building permits for the eighty (80) market rate dwelling units transferred off-site 5 cannot be issued until the 280 affordable dwelling units are issued buildingpermits 6 and obtain approved footer inspections. 7 f. No certificates of occupancy shall be issued on the eighty(80)market rate dwelling 8 units transferred off-site until all of the 280 affordable dwelling units receive a 9 certificate of occupancy. 10 11 5. The height of any new structure associated with the redevelopment of the Wrecker's Cay 12 Property shall not have any habitable floor area above 38 feet from grade; mechanical 13 equipment and architectural features utilized to hide mechanical equipment, including 14 parapets, may be up to 44 feet above grade; and such structures may contain three (3) 15 habitable floors. 16 17 6. Parking requirements may be varied in the Development Agreement as approved by the 18 Board of County Commissioners. 19 20 7. Nonresidential uses shall be prohibited. Accessory uses to the residential development, 21 such as a club house or recreational facilities, are permitted. A shoreside support facility! 22 the associated with . moorin field ma be 23 permitted as an accessory use associated with the Wreckers Cay project within the RH 24 FLUM and UR Zoning District. 25 26 8. All new residential units developed within the Stock Island Workforce Subarea 1 shall be 27 subject to the ROGO permit allocation system. 28 29 9. The protest procedures set forth within Sec. 102-158(d)(8) are applicable to applications 30 submitted under this Policy 111.1.1. 31 /32 10. A development agreement shall be required for any proposed development of an affordable 33 housingproject within the Stock Island Workforce Subarea 1 34 11111.1111 35 36 11. All new affordable units developed within the Stock Island Workforce Subarea 1 shall 37 require occupants to derive at least seventy percent (70%) of their household income from 38 gainful employment in Monroe County. 39 Ord -2020 Page 8 of 11 File 2018-120 • 1 12. The boundary for the Stock Island Workforce Subarea 1 is legally described as: \ 2 3 4 Adparccl of land inlitioncvetthclikoirigligkek 5 tllcrcor. c recorded in Plat Book I. P lnc 55 of the IIhlic Record, or \lonroc 6 CountN. Florida and hcinc hounded and dcscrihcd ,t, lollovv,: 7 8 Hccin at the ii1tcr cction of the Centel line or I-curel rA\ellue clld the ec,t n•_111- 9 of-yvav lisle of Scetin(1 Street, the centerline of Laurel :Aycnuc 10 and it ea,tcrB protection fora dl,tanee of 1 -186 reel more or less. to a point on 11 the apparent ,horelinc of ;aid Boca Chic,' Channel. thence meander ,aid 12 shoreline for the crept core,c,: 13 (1 ) thence Southvyc,icrly for cli,itallcc or feet: 14 thence A\ c,terlV fora distance of 934 sect_ 15 thence Sotiihca�tcrly for a distance of548 1cct: 16 thence Nortllea,ierly for a distance of 152 feel: 17 (51 thence Southe,Htcrly and Southvvcterly for a di,tauce Or 150 feet: 18 (6) thence y for ,t distance or 150 feet: 19 (7) thence Southvve,terly for a dl,tanre o! 55o) feet: 20 (S) thence Sontlicatct Iv for a dl,tLinee of 58 legit- more or le,,. to lI point oil 111e 21 north riclli-ol vvav line of .\venue 22 thence hear S 1-1 5 l 10"1, tora distance or 76. I() feet to a point on the centerline 23 of Idr,t :Aenuc: 24 thence AV est alone the centerline of first .Avenue fora di,t,ulec of 235.00 feet: 25 thence North at ri 2:ht am2,1e, for ,t distance of 30.00 feet to a point on the north 26 ay line or First :vv mite: thence \\ cat at riccht .Mutts alone the said 27 north ri2.ht-ol-vv av line a dit,ulec of 24 feet to the southvvgist corner or Block 28 33 of ,aid Plat. thence ,'Forth at rieht annelc on the vv est line of Block ; a 29 di,t:ulcc or t 25 feel. thence A\ c,t at riLht anwIc, a di,tancc of 300 feet. thence 30 South at riieeht ankles alone the ed,l hound:ry line or Lot 16, Mock 4. or ,aid 31 1 Jat a ditanc_e of 125 feet to :t point on the north liIht-of-vvay line of I irsi 32 vcnuc. thcnee AWest alone the north riL,ht-or-vv;tc fine of First .Avenue to a 33 point of intcl,cction with northc astersv vvav line or M1lloncv ;Ayentre 34 Per 1:1)OT 1Z/\V map Section (-)0550-2605. thence hear N47 17'00"AA' alone the 35 e1 rLht-orvv Av line to ,poufnt of cury tture. salts cury c 11,1y inLe fur it• c le anent, 36 t�icfiu, of 055 37 fee( and a chord hotline N52 d 15 1 "A\ a chord di,t:Incc of 37 174.53. thence along ,aid cury c for ,In ire of 174.76 feet to the point of 38 intersection \\ ith the cast ri.ehl-of vv ay line of Second Street. thence North alone 39 the cast v line of Second Street for a di�tance of 43....).3 1 reel to the 40 centerline of I-,tnrcl \vcnue and the Point of Benjnnin�e. 41 C'ON'h:AININ( i 9. 1 \('I�II.S. mHRI. Oh I.1:SS 42 43 Ord -2020 Page 9 of 11 File 2018-120 -AUK .nwt w.r. 1• - Y.�C".- r i �t r .H, v - - sI , II ' • JO* . ♦:4"1"..i 1 MCIAVE• Tj BLOC;3 4 *3ot ct IL ji r -� �� .cT �, GRAPHIC SC 1, a: or N$ M a 8 mow `}tea rY' _ � ' COWL au c,. .r..prA,.00 I fGfCf 8 AS501141E5 MOO 14.30.1115 NUS.3) El•RJr)..m' MOE:SOW SWYFYCR AND r.MPEN a.A.r.7 00.*70.38 SHEET 2 OF 2 ___ _.- VALE,%,ne' 1 owmrnro r,r CIO.r)..3l I1 o.s 1aa>alf.m-ya OW M 2 3 13. The affordable dwelling units shall be rental units only. 4 5 ***** 6 7 Section 2. Severability. If any section, subsection, sentence, clause, item, change, or 8 provision of this ordinance is held invalid,the remainder of this ordinance shall not 9 be affected by such validity. 10 11 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in 12 conflict with this ordinance are hereby repealed to the extent of said conflict. 13 14 Section 4. Transmittal.This ordinance shall be transmitted by the Director of Planning to the 15 State Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes. 16 17 Section 5. Filing and Effective Date. This ordinance shall be filed in the Office of the 18 Secretary of the State of Florida but shall not become effective until a notice is 19 issued by the State Land Planning Agency or Administration Commission finding 20 the amendment in compliance with Chapter 163, Florida Statutes and after any 21 applicable challenges have been resolved. 22 23 Section 6. Inclusion in the Comprehensive Plan.The text amendment shall be incorporated 24 in the Monroe County Comprehensive Plan. The numbering of the foregoing Ord -2020 Page 10 of 11 File 2018-120 1 amendment may be renumbered to conform to the numbering in the Monroe County 2 Comprehensive Plan. 3 4 5 6 7 8 9 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 10 SIGNATURES ON THE FOLLOWING PAGE 11 12 13 14 15 16 17 18 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, 19 at a regular meeting held on the day of 20 21 Mayor Heather Carruthers 22 Mayor Pro Tern Michelle Coldiron 23 Commissioner Craig Cates 24 Commissioner David Rice 25 Commissioner Sylvia Murphy 26 27 28 BOARD OF COUNTY COMMISSIONERS 29 OF MONROE COUNTY, FLORIDA 30 31 32 BY 33 MAYOR HEATHER CARRUTHERS 34 35 (SEAL) 36 ATTEST: KEVIN MADOK, CLERK 37 38 39 40 DEPUTY CLERK Ord -2020 Page 11 of 11 File 2018-120 Legal Description of Property within Wrecker's Cay subarea i.genda Item 05) A parcel of land 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 and being bounded and described as follows: Begin at the intersection of the centerline of Laurel Avenue and the east right-of-way line of Second Street,thence East along the centerline of Laurel Avenue and it easterly projection for a distance of 1486 feet, more or less,to a point on the apparent shoreline of said Boca Chica Channel,thence meander said shoreline for the following eight courses: (1)thence Southwesterly for a distance of 8 feet; (2)thence Westerly for a distance of 934 feet; (3)thence Southeasterly for a distance of 548 feet; (4)thence Northeasterly for a distance of 152 feet; (5)thence Southeasterly and Southwesterly for a distance of 150 feet; (6)thence Northeasterly for a distance of 150 feet; (7)thence Southwesterly for a distance of 389 feet; (8)thence Southeasterly for a distance of 58 feet, more or less,to a point on the north right-of-way line of First Avenue; thence bear S 14°51'45"E for a distance of 26.10 feet to a point on the centerline of First Avenue; thence West along the centerline of First Avenue for a distance of 235.00 feet; thence North at right angles for a distance of 30.00 feet to a point on the north right-of-way line of First Avenue; thence West at right angles along the said north right-of-way line a distance of 24 feet to the southwest corner of Block 33 of said Plat, thence North at right angles on the west line of Block 33 a distance of 125 feet,thence West at right angles a distance of 300 feet,thence South at right angles along the east boundary line of Lot 16,Block 34, of said Plat a distance of 125 feet to a point on the north right-of-way line of First Avenue,thence West along the north right-of-way line of First Avenue to a point of intersection with northeasterly right-of-way line of Maloney Avenue Per FDOT R/W map Section 90550-2608,thence bear N47°17'00"W along the said right-of-way line to a point of curvature, said curve having for its elements a radius of 985.37 feet and a chord bearing N52°21'51"W a chord distance of 174.53,thence along said curve for an arc length of 174.76 feet to the point of intersection with the east right-of-way line of Second Street,thence North along the east right-of-way line of Second Street for a distance of 435.31 feet to the centerline of Laurel Avenue and the Point of Beginning. CONTAINING 9.1 ACRES,MORE OR LESS A , 6 .. „ . 4 ih„,1,,,,,, . •,, , ... , , . .,e ,,,,,.._., ,,h,. , . 1 ......, ,,___, ,....„.„ .... ._ .. : , . '2.:4 1„C•i-,,, 0.110fr .y. t...- ..m Age,., dicer 1BLC •+rl. 4fI ' Ye t' t. i_Li_ -I - _ i^ , ;"' .1....,: f., CDOd .: _ :+ :. Cl 4ACDONAL9 AVCNUC- ���_ t a'.0 : `\ t ` ( 6. V. ii4telti BLOC fi \. !, �`z�ti K ; �vrsJ ..• u 'r*'"S - Y/ - CR S$CA t4 t�; ¢ sir pi _ w h '''''-,,-2,'�' y �}�.. 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