Item K11M
C ounty of f Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor George Neugent, District 2
The Florida. Ke Se
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Mayor Pro Tern David Rice, District 4
Danny L. Kolhage, District I
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
October 18, 2017
Agenda Item Number: K.11
Agenda Item Summary #3479
BULK ITEM: No DEPARTMENT: BOCC District 2
TIME APPROXIMATE: STAFF CONTACT: Terri Colonna (305) 292 -4512
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AGENDA ITEM WORDING: Approval of an Interlocal (ILA) between Monroe County and City
of Marathon transferring 53 Affordable Housing ROGO Allocations from Monroe County to the
City of Marathon. Unit breakdown by income levels is expected to be: 8 Very Low; 8 Low; 33
Median; and 4 Moderate. This ILA is proposed by Seaward Properties Redevelopment. This is not
a low Income housing tax credit (LIHTC) project.
ITEM BACKGROUND: Interlocal Agreement (ILA) request from the City of Marathon for 53
affordable housing allocations. The City of Marathon approved a conditional use permit for the
Seaward project for 45 one, two and three bedroom apartment affordable apartments and 10 market
rate units on December 28, 2016.
The City has requested 53 allocations as follows:
8 Very Low - 50% of median (located at the Sombrero Country Club)
8 Low - 80% of median (1 BR's Seaward)
15 Median 100% of median (1 BR's Seaward)
18 Median 100% of median (2 BR Seaward)
4 Moderate 120% of median (3 BR Seaward)
The City has also indicated that this is not a project seeking low income housing tax credit (LIHTC)
funding.
On December 14, 2016, BOCC considered the Interlocal Agreement between Monroe County and
City of Marathon transferring 53 Affordable Housing ROGO Allocations for the Seaward project.
The BOCC did not approve the ILA, as it was not leveraging state funding and the BOCC further
discussed the possibility of receiving allocations from the City of Key West and stated the
commission may consider this ILA request at a later date.
On September 27, 2017, the BOCC approved an Agreement between the State of Florida
Department of Economic Opportunity, the County of Monroe, City of Key West, Islamorada,
Village of Islands, City of Layton and the City of Marathon for the transfer and distribution of BPAS
units from the City of Key West to Monroe County and the transfer and distribution of ROGO
allocations from Monroe County to Islamorada, Village of Islands, City of Layton and the City of
Marathon, pursuant to Section 380.032(3), Florida Statutes. Pursuant to this agreement, Monroe
County is receiving 104 unallocated BPAS units accumulated in years one (1) through four (4) from
the City of Key West's allocation system to allocate to an Affordable Housing project ( "The
Quarry ") located on Big Coppitt Key. Monroe County is also providing permanent ROGO units to
the municipalities participating in the agreement, based upon their percentages of vacant land, as
provided in 2012 Hurricane Evacuation Clearance Time MOU: Marathon 11.83 units, Islamorada
10.25 units, and Layton 0.12 units.
The previous and the new County Comprehensive Plan and Code provide a mechanism to allow the
transfer of affordable housing allocations between government jurisdictions within the Florida Keys
Area of Critical State Concern.
Relevant Comprehensive Plan and Land Development Code provisions are provided below.
Policy 101.3.10
Notwithstanding any other provision of the Plan, ROGO allocations utilized for
affordable housing projects may be pooled and transferred between ROGO subareas,
excluding the Big Pine /No Name Keys ROGO subarea, and between local government
jurisdictions within the Florida Keys Area of Critical State Concern (ACSC). Any such
transfer between local government jurisdictions must be accomplished through an
interlocal agreement between the sending and receiving local governments.
Section 130- 161(g):
Interlocal affordable rate ofgrowth allocation agreements.
The board of county commissioners may authorize interlocal agreements between the
county and the cities of Marathon, and Key West, and Islamorada, Village of Islands for
the purpose of sharing residential rate of growth affordable housing allocations. The
interlocal agreements may be based upon a specific project proposal within one or more
jurisdictions or may be for a specific allocation of units on an annual basis, from the
county to a municipality or from a municipality to the county. All allocations made
available to a jurisdiction must meet the applicable affordable housing requirements of
the receiving jurisdiction's land development regulations and affordable housing
ordinances.
Florida Statutes, Section 163.01, et seq., Florida Interlocal Cooperation Act of 1969:
It is the purpose of this section to permit local government units to make the most
efficient use of their powers by enabling them to cooperate with other localities on a
basis of mutual advantage and thereby to provide services and facilities in a manner and
pursuant to forms of governmental organization that will accord best with geographic,
economic, population, and other factors influencing the needs and development of local
communities.
PREVIOUS RELEVANT BOCC ACTION: December 14, 2016 — BOCC considered the
Interlocal Agreement between Monroe County and City of Marathon transferring 53 Affordable
Housing ROGO Allocations for the Seaward project. By a vote of 2 (yes — Mayor Neugent, Mayor
Pro Tern Rice) to 3 (no — Commissioners Carruthers, Kolhage, and Murphy), the BOCC rejected the
ILA, as it was not leveraging state funding and the BOCC further discussed the possibility of
receiving allocations from the City of Key West and stated the commission may consider this ILA
request at a later date.
CONTRACT /AGREEMENT CHANGES:
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STAFF RECOMMENDATION:
DOCUMENTATION:
City of Marathon ILA Request Letter
Marathon approval of CUP for Seaward project
Proposed ILA - 53 units to Seaward
Marathon approval of ILA for Seaward
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing:
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount:
REVIEWED BY:
George Neugent
Skipped
Mayte Santamaria
Completed
Steve Williams
Completed
Bob Shillinger
Completed
10/06/2017 4:21 PM
10/06/2017 5:41 PM
10/08/2017 11:55 AM
10/08/2017 8:23 PM
Kathy Peters Skipped 10/06/2017 4:22 PM
Kathy Peters Completed 10/10/2017 9:00 AM
Board of County Commissioners Pending 10/18/2017 9:00 AM
CITY OF MARATHON, FLORIDA
9805 Overseas Highway, Marathon, Florida 33050
Phone: (305) 289 -4111 Fax: (305) 743 -3667
garrettg@ci.marathon.fl.us
30 November 2016
Ms. Mayte Santamaria
Senior Director of Planning and Environmental Resources
Monroe County I Planning & Environmental Resources Department
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
Marathon, FL 33050
RE — Summary of ILA Requests.
Mayte:
This letter is intended to provide a summary and breakdown, in relatively simple terms, for the
five workforce housing projects, approved or currently under consideration for approval, within
the City of Marathon. They are:
APPLICANT
ROGO —
50%
ROGO —
80%
ROGO —
100%
ROGO —
120%
TOTAL
Schmitt et. al.
0
34
0
0
34
Crystal Cove
3
23
0
20
46
Casa de Palmas
(Keys Affordable
Phase III
3
52
0
0
55
Seaward
Redevelopment
8
8
33
4
City of Marathon
1 2
1 24
1 0
1 4
1 30
TOTAL
1 16
1 1411
33
1 28
1 210
These projects have been approved or are seeking approval for the development of workforce
housing. Through this document, and City and County actions, the City is seeking affordable
housing allocations through an Interlocal Agreement (ILA) between the City and the County.
The principal basis for the current and other requests for County affordable allocations is that the
City simply has a very limited stock. In total, through the Hurricane Evacuation MOU and
provisions of the City's LDRs, the City received sixty (60) affordable allocations for its BPAS
process (ROGO). In addition, the City also has had forty (40) affordable allocations from a
project that did not proceed, approved originally prior to the MOU. Thus the City had one
hundred (100) affordable allocations at the time of MOU development and approval. Since then,
the City has allocated all but thirty -three (33) affordable allocations. It is the City's desire to
retain the thirty -three (33) affordable allocations for pending and future individual or small ( 2 to
5) affordable projects.
CITY OF MARATHON, FLORIDA
9805 Overseas Highway, Marathon, Florida 33050
Phone: (305) 289 -4111 Fax: (305) 743 -3667
garrettg@ci.marathon.fl.us
In the order of the table above, the City offers the following in project summary:
Schmitt et. al.:
Pursuant to the City's Code and discussion with the County, the applicant has requested that the
City enter into an interlocal agreement (ILA) with the County to obtain thirty -four (34) low
income (80% of median) affordable allocations. The affordable allocations will be utilized to
deed restrict the same number of existing units within the City of Marathon while bringing the
units up to current building requirements to the greatest extent practicable, including provisions
of floodplain management. The City did not provide affordable housing allocations to the
project. An ILA was approved by the City in August of 2016 (Resolution 2016 -67) requesting
thirty-four (34) affordable allocations. The terms of the ILA have been reviewed by both the
City and the County and define the responsibilities of both parties and the applicant. This project
will not attempt to qualify for Florida Housing Finance funds.
Crystal Cove:
Pursuant to the City's Code and discussion with the County, the applicant has requested that the
City enter into an ILA with the County to obtain forty -six (46) affordable allocations; three (3)
very -low (50% of median), (23) low income (80% of median), and twenty (20) moderate (120%
of median) affordable allocations. The project was approved by the City in September of 2016
(CU — 2016 -71; DA — 2016 -72) to include forty -six (46) affordable housing units and twenty -
eight (28) transient RV sites (sp separated) with amenities for either project component at
a location between 48 and 50 Streets, Gulf in Marathon. The City did not provide affordable
housing allocations to the project. An ILA for the project was approved by the City in
November 2016. The terms of the ILA have been reviewed by the City. The County has been
provided copies of the document. The ILA defines the responsibilities of both parties and the
applicant. This project will be submitted for approval of Florida Housing Finance funds.
Casa de Palmas (Keys Affordable Development Phase III);
Pursuant to the City's Code and discussion with the County, the applicant has requested that the
City enter into an ILA with the County to obtain fifty -five (55) affordable allocations; three (3)
very -low (50% of median) and fifty -two (52) low (80% of median) affordable allocations. The
project is currently under review by the City and will be presented to the Planning Commission
on December 5, 2016 and to the City Council on December 13, 2016. The project applicants are
seeking approval for fifty -five (55) affordable housing units with amenities at a location between
47 and 48 Streets, Gulf in Marathon. City staff has reviewed the project favorably and has
briefed both the Planning Commission and City Council about the project pending the upcoming
hearings. The City will not provide affordable housing allocations to the project. An ILA for the
project will be included in the project review at the City Council December 13, 2016. The terms
of the ILA have been reviewed by the City and the County has been provided copies of the
CITY OF MARATHON, FLORIDA
9805 Overseas Highway, Marathon, Florida 33050
Phone: (305) 289 -4111 Fax: (305) 743 -3667
garrettg@ci.marathon.fl.us
document. The ILA defines the responsibilities of both parties and the applicant. This project
will be submitted for approval of Florida Housing Finance funds.
Seaward Properties Redevelopment:
Pursuant to the City's Code and discussion with the County, the applicant has requested that the
City enter into an ILA with the County to obtain forty -five (45) affordable allocations; eight (8)
low (80% of median), thirty -three (33) median (100% of median), and four (4) moderate (120%
of median) affordable allocations. The project is currently under review by the City and will be
presented to the Planning Commission on December 5, 2016 and to the City Council on
December 13, 2016. The project applicants are seeking approval for forty -five (45) affordable
housing units and ten (10) market rate residential units with amenities for either project
component at a location between 86 and 88 Streets, Ocean in Marathon. The project
integrates with the same developer's project approvals for the Florida Keys Resort (a.k.a. -
Sombrero Country Club). At that site, the developer will be re- developing eight (8) workforce
housing units which it will deed restrict as very -low. (50% of median). City staff has reviewed
the project favorably and has briefed both the Planning Commission and City Council about the
project pending the upcoming hearings. The City will not provide affordable housing allocations
to the project. However, the applicant has eight (8) units of its own which, as noted, will be
reconstructed at the golf course. The ILA for the project will be included in the project review at
the City Council December 13, 2016. The terms of the ILA have been reviewed by the City.
The County has been provided copies of the document. The ILA defines the responsibilities of
both parties and the applicant. This project will not be submitted for approval of Florida
Housing Finance funds.
City of Marathon:
The City of Marathon will develop its property at 104 Street as a workforce housing project.
The City is seeking thirty (30) affordable allocations, two (2) very -low (50% of median), twenty -
four (24) low, and four (moderate (120% of median to complete the project development. A
project representing forty (40) moderate affordable residential units was approved in 2008
(Resolution 2008 -65) prior to the down -turn in the economy at which point it was placed on
hold. With a return in a favorable economy, the City will now move forward with the
development of thirty (30) units as noted above. At that juncture, the site plan for the project
will be modified downward to reflect the new number. An ILA has been provided to the County
in a form similar to those proposed for other projects.
The City of Marathon, as the County, is a strong advocate for the development of new workforce
housing projects and the redevelopment of older deteriorating units as workforce housing. The
City of Marathon provides an ideal location for the development of workforce housing projects
as it is centrally located providing housing to those working in Marathon and the lower or middle
Florida Keys. Further, impediments to development are minimal as most size appropriate
properties have been previously developed and require little or no environmental restrictions.
CITY OF MARATHON, FLORIDA
9805 Overseas Highway, Marathon, Florida 33050
Phone: (305) 289 -4111 Fax: (305) 743 -3667
garrettg@ci.marathon.fl.us
The City has worked through the development of three major projects recently and two hotel
projects which require inclusionary housing elements. Eighty -four (84) units at Seagrape
Apartment and have been occupied since the Spring of 2009. These are HUD limited units.
Keys Affordables Phase I & II are nearing completion. One building is complete and occupied.
One building just received a Certificate of Occupancy (C.O.) and renters are beginning to move
in at this time. The third building in the two projects will begin construction in the immediate
future. When complete, the project will provide seventy -one (71) units of affordable housing.
Keys Affordables Phases I & II has been the recipient of Florida Housing Finance funds for the
past two years. They are working on a third project within the City this year (Casa de Palmas —
a.k.a. — Keys Affordables Phase III). Tarpon Harbour also recently completed its project and
provides thirty -one (3 1) duplex units of moderate income housing. Thus the City has seen the
development of 217 new affordable residential units within the City as a result of these projects.
Amongst the five approved hotel projects in town, combined they will provide an additional
fifty -five (55) units of workforce housing. The Hyatt and Marriott are complete. The Knight's
Key, Hampton, and Holiday Inn Expansion projects are either under construction or approaching
the point of initiating construction. Quite a number of Habitat For Humanity Houses have been
approved and are either complete or in various stages of construction.
The City brings five (5) projects forward at this time as noted above. These projects are
approved or will be approved at the December 13, 2016 City Council meeting. These projects
will immediately (within the limits of construction time) provide an additional one hundred fifty
(155) to one hundred sixty -four (164) workforce housing units within the City. Note, that since
two of the five projects are competing for Florida Housing Finance funds. One or the other
project will likely win approval, but not both.
Finally, the City will likely rescind the approvals of two (2) ILAs approved approximately one
year ago for Vaca Bay Seniors and Anchor Homes. Vaca Bay Seniors, though moving forward
to the City Council for review in December, will have a unanimous recommendation of denial
from the City Planning Commission. Anchor Homes has not proceeded forward with project
development and the City will recommend that the ILA be rescinded for that project as well.
Action to rescind these approvals would occur at the December 13, 2016 City Council meeting
after discussion with the City Council and only if the City takes affirmative action on the
Planning Commission's recommendation concerning Vaca Bay Seniors.
Should you need additional information, do not hesitate to contact me. I am providing an
abbreviated version of the City's affordable housing project spreadsheet which only identifies the
two prior ILAs and the five ILAs that the City is seeking at this time.
Sincerely,
CITY OF MARATHON, FLORIDA
9805 Overseas Highway, Marathon, Florida 33050
Phone: (305) 289 -4111 Fax: (305) 743 -3667
garrettg@ci.marathon.fl.us
George Garrett
Deputy City Manager / Planning Director
Sponsored by: Lindsey
CITY OF MARATHON, FLORIDA
RESOLUTION 2016 -123
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MARATHON, APPROVING A REQUEST BY SEAWARD PROPERTIES
LLC FOR A CONDITIONAL USE PERMIT, PURSUANT TO CHAPTER 102,
ARTICLE 13 OF THE CITY OF MARATHON LAND DEVELOPMENT
REGULATIONS ( "THE CODE ") ENTITLED "CONDITIONAL USE
PERMITS" RESPECTIVELY, AUTHORIZING THE DEVELOPMENT OF
FORTY -FIVE (45) ONE, TWO AND THREE BEDROOM AFFORDABLE
APARTMENTS AND TEN MARKET RATE SINGLE FAMILY
RESIDENCES ON PROPERTIES LOCATED AT 8700 OVERSEAS
HIGHWAY, WHICH ARE LEGALLY DESCRIBED AS PART OF LOT 4,
KEY VACA, MONROE COUNTY, FLORIDA, HAVING REAL ESTATE
NUMBERS 00101050 - 000000 & 00101050 - 000100. NEAREST MILE NLkRKE
51.5.
WHEREAS, Seaward Properties, LLC (The "Applicant ") filed an Application on October
28, 2016 for a Conditional Use Permit and Development Agreement pursuant to Chapter 102,
Articles 8 and 13 of the City of Marathon Land Development Regulations (LDRs); and
WHEREAS; the Applicant proposes to develop forty -five (45) workforce housing residential
unit, ten (10) market rate residential units, with on -site amenities in two (2) separate contiguous
properties; and
WHEREAS, City staff reviewed the Applicant's request for a Conditional Use Permit
determining that the Applicant's project proposal was in compliance with the City's Comprehensive
Plan and Land Development Regulations (LDRs) and further that there was no substantial impact on
the City's Level of Service (LOS); and
WHEREAS, on the Stn day of December, 2016, the City of Marathon Planning Commission
(the "Commission ") conducted a properly advertised public hearing (the "Public Hearings ")
regarding the request submitted by the Applicant, for a Conditional Use Permit pursuant to Chapter
102, Article 8 of the LDRs; and
WHEREAS, and on the 13' day of December, 2016 and the 10 day of January, 2017, the
City Council (the "Council ") conducted properly advertised public hearings (the "Public Hearings ")
regarding the request submitted by the Applicant, for a Conditional Use Permit pursuant to Chapter
102, Article 8 of the LDRs; and
Crystal Cove CUDA 2016
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WHEREAS; the City Council made a determination that the Applicant's request for a
Conditional Use Permit, subject to the terms of the LDRs and with Conditions imposed, was in
Compliance with the City's Comprehensive Plan and LDRs and further, that the approval is in the
public interest, is consistent with its policy to encourage the redevelopment of properties within the
City of Marathon and will further the health, safety and welfare of the residents of Marathon; and
WHEREAS, the purpose of the Conditional Use Permit is to allow for the integration of
certain land uses and structures within the City of Marathon, based on conditions imposed by the
Council. Review is based primarily on compatibility of the use with its proposed location and with
surrounding land uses and on the basis of all zoning, subdivision and other ordinances applicable to
the proposed location and zoning district,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MARATHON, FLORIDA, THAT:
Section 1. The above recitals are true and correct and incorporated herein.
Section 2. The City Council hereby approves Development Order 2017 -01, a copy of
which is attached hereto as Exhibit "A ", granting a Conditional Use Permit to Seaward Properties,
LLC subject to the Conditions imposed. The Director of Planning is authorized to sign the
development order on behalf of the City.
Section 3. This resolution shall take effect immediately upon its adoption by the City of
Marathon and after review and approval by the Department of Economic Opportunity pursuant to
Chapters 163 and 380, Florida Statutes.
PASSED AND APPROVED by the City Council of the city of Marathon, Florida, this 13'
day of December, 2016.
THE CITY OF MARATHON, FLORIDA
Dr. Daniel Zieg, NW
AYES: Coldiron, Bartus, Senmartin, Cook, Zieg
NOES: None
ABSENT: None
ABSTAIN: None
Crystal Cove CU DA 2016 3
ATTEST:
Diane Clavier, City Clerk
(City Seal)
APPROVED AS TO FORM AND LEGALITY FOR THE USE AND RELIANCE OF THE
CITY OF MARATHON, FLORIDA ONLY:
David Migut, Clity Attorney
Crystal Cove CUBA 2016
4
CITY OF MARATHON, FLORIDA
CONDITIONAL USE
DEVELOPMENT ORDER # 2016 -13
A DEVELOPMENT ORDER OF THE CITY COUNCIL OF THE CITY OF
MARATHON, APPROVING A REQUEST BY SEAWARD PROPERTIES LLC FOR
A CONDITIONAL USE PERMIT, PURSUANT TO CHAPTER 102, ARTICLE 13 OF
THE CITY OF MARATHON LAND DEVELOPMENT REGULATIONS ( "THE
CODE ") ENTITLED "CONDITIONAL USE PERMITS" RESPECTIVELY,
AUTHORIZING THE DEVELOPMENT OF FORTY -FIVE (45) ONE, TWO AND
THREE BEDROOM AFFORDABLE APARTMENTS AND TEN MARKET RATE
SINGLE FAMILY RESIDENCES ON PROPERTIES LOCATED AT 8700
OVERSEAS HIGHWAY, WHICH ARE LEGALLY DESCRIBED AS PART OF LOT
4, KEY VACA, MONROE COUNTY, FLORIDA, HAVING REAL ESTATE
NUMBERS 00101050 - 000000 & 00101050 - 000100. NEAREST MILE MARKER 51.5.
WHEREAS, Seaward Properties, LLC (The "Applicant ") filed an Application on October
28, 2016 for a Conditional Use Permit and Development Agreement pursuant to Chapter 102,
Articles 8 and 13 of the City of Marathon Land Development Regulations (LDRs); and
WHEREAS; the Applicant proposes to develop forty -five (45) workforce housing residential
unit, ten (10) market rate residential units, with on -site amenities in two (2) separate contiguous
properties; and
WHEREAS, City staff reviewed the Applicant's request for a Conditional Use Permit
determining that the Applicant's project proposal was in compliance with the City's Comprehensive
Plan and Land Development Regulations (LDRs) and further that there was no substantial impact on
the City's Level of Service (LOS); and
WHEREAS, on the 5th day of December, 2016, the City of Marathon Planning Commission
(the "Commission ") conducted a properly advertised public hearing (the "Public Hearings ")
regarding the request submitted by the Applicant, for a Conditional Use Permit pursuant to Chapter
102, Article 8 of the LDRs; and
WHEREAS, and on the 13r day of December, 2016 and the 1 0 day of January, 2017, the
City Council (the "Council ") conducted properly advertised public hearings (the "Public Hearings ")
regarding the request submitted by the Applicant, for a Conditional Use Permit pursuant to Chapter
102, Article 8 of the LDRs; and
WHEREAS; the City Council made a determination that the Applicant's request for a
Conditional Use Permit, subject to the terms of the LDRs and with Conditions imposed, was in
Compliance with the City's Comprehensive Plan and LDRs and further, that the approval is in the
Crystal Cove CUBA 2016
public interest, is consistent with its policy to encourage the redevelopment of properties within the
City of Marathon and will further the health, safety and welfare of the residents of Marathon; and
WHEREAS, the purpose of the Conditional Use Permit is to allow for the integration of
certain land uses and structures within the City of Marathon, based on conditions imposed by the
Council. Review is based primarily on compatibility of the use with its proposed location and with
surrounding land uses and on the basis of all zoning, subdivision and other ordinances applicable to
the proposed location and zoning district,
FINDINGS OF FACT:
1. The applicant will a develop forty-five (45) workforce housing residential unit, ten (10)
market rate residential units, with on -site amenities in two (2) separate contiguous properties (See
Attached Site Plan as Attachment 1).
2. In accordance with Section 102.77 of the Code, the Commission and Council considered and
determined the Applicant met the following criteria:
a. The proposed use is consistent with the Comprehensive Plan and LDRs;
b. The proposed use is compatible with the existing land use pattern and future uses
designated by the Comprehensive Plan;
c. The proposed use shall not adversely affect the health, safety, and welfare of the public;
and
d. The proposed conditional use minimizes environmental impacts, including but not limited
to water, air, stormwater management, wildlife, vegetation, wetlands, and the natural
functioning of the environment; and
e. Satisfactory provisions and arrangements have been made concerning the following
matters, where applicable:
1. Ingress and egress to the property and proposed structures thereon with particular
reference to automotive, bicycle, and pedestrian safety and convenience, traffic flow
and control and access in case of fire or catastrophe;
2. Off - street parking and loading areas where required, with particular attention to
item 1 above;
3. The noise, glare or odor effects of the conditional use on surrounding properties;
4. Refuse and service areas, with particular reference to location, screening and
Items 1 and 2 above;
5. Utilities, with reference to location and availability;
6. Screening and buffering with reference to type, dimensions and character;
Crystal Cove CU DA 2016
7. Signs, if any, and proposed exterior lighting with reference to glare, traffic safety
and compatibility with surrounding properties;
8. Required yards and other open space;
9. General compatibility with surrounding properties; and
CONDITIONS IMPOSED:
Granting approval of the Application is subject to the following conditions:
Conditions of Approval
1. A final lighting plan must be submitted prior to permit issuance.
2. A final landscape plan must be submitted prior to permit issuance.
3. Revisions to site ingress and egress shall be considered and revised as possible to
accommodate an access from the affordable housing project component onto 86 and 88
Streets. An easement shall be granted on 86 and 88 Streets to provide wider right -of -way
access to U.S. 1. The width and length of the easement shall be determined and agreed
mutually agreed upon by the Applicant and the City prior to final approval of any building
permits. The Applicant shall work with City and FDOT staff to consider options for U. S. 1
westbound access to the site. Work with City and FDOT staff to consider westbound egress
from the project site.
4. All conditions of the Fire Marshall must be met prior to permit issuance.
5. All signs will be reviewed and approved for compliance with the City of Marathon LDR's.
6. All utilities infrastructure must be engineered to meet the standards of the City and all
requirements of the Florida Statutes and Administrative Code. Plans shall be coordinated
with and approved by the City Utilities Department.
7. All Stormwater must be retained on site pursuant to the City's LDRs, Chapter 107, Article
11. Stormwater plans must be provided by a licensed engineer and be reviewed and
approved by the City's engineer_
8. Applicant must obtain all outside agency approvals, this includes but is not limited to
SFWMD, FDOT, ACOE, DEP.
9. Affordable residential dwelling units shall contain less than or equal to 1,800 square feet
of habitable space. Occupancy of affordable housing units is limited to those meeting the
following income requirements:
a. Very - low - income. A household, whose income (excluding that of full -time
students under 18 years of age) does not exceed 50 percent of the median adjusted
gross annual income for households within the county;
b. Low - income. A household, whose income (excluding that of full -time students
under 18 years of age) does not exceed 80 percent of the median adjusted gross
annual income for households within the county;
Crystal Cove CUDA 2016 7
c. Median - income. A household, whose income (excluding that of full -time students
under 18 years of age) does not exceed 100 percent of the median adjusted gross
annual income for households within the county;
d. Moderate - income. A household, whose income (excluding that of full -time
students under 18 years of age) does not exceed 120 percent of the median
adjusted gross annual income for households within the county;
e. Middle - income. A household, whose income (excluding that of full -time students
under 18 years of age) does not exceed 160 percent of the median adjusted gross
annual income within the county;
10. The monthly rent shall not exceed 30 percent of that amount which represents the income
bracket of the household, i.e., very low, low, median, moderate or middle, divided by 12. In
no case shall the monthly rent exceed 160 percent of the median adjusted gross annual
income for households within the county, divided by 12.
11. Annual income qualification, lease or employment verification, as applicable, by the City, or
its designee, shall be limited to rental and employee housing dwelling units. Income
verification for owner occupied dwellings shall be performed and approved by the City or its
designee prior to the sales closing and occupancy of the dwelling unit.
12. For any community workforce units the following requirements shall be met:
a. Affordable housing criteria set forth in above and Chapter 110 "Definitions ";
b. Shall be permanently deed - restricted as affordable;
c. Shall be restricted to occupancy to households that derive at least 70 percent of
their household income from gainful employment in Monroe County;
d. Shall be restricted to occupancy for 28 consecutive days or longer;
e. Shall not be used for vacation rental use; and
£ Shall not be sold separately as a condominium.
13. The total area of the mixed -use or commercial apartments, including patios and access
way shall not exceed the area covered by the ground floor and any covered walks or
arcades.
14. Each unit shall have access to a balcony or patio that is separate from the access to the
unit, provides adequate privacy and the size shall be two - tenths (2110) of unit floor area
or a minimum of 60 square feet in size.
15. The patio area may be wholly or partially replaced by the provision of a recreation yard
provided on site. Recreational yards shall be a minimum one -tenth (1 /10) of unit floor
area.
16. The Applicant must obtain and transfer the affordable housing units in excess of what the
City has recognized as legally established on the property, to be transferred via the Transfer
Crystal Cove CUDA 2016 8
of Building Rights (TBR's), BPAS process, or any other legally established process prior to
building permit issuance. THE APPROVAL OF THE REQUESTED CONDITIONAL USE
PERMIT AND DEVELOPMENT AGREEMENT AMENDMENTS DO NOT CONVEY
OR GRANT A VESTED RIGHT OR ENTITLEMENT TO FUTURE ALLOCATIONS BY
THE CITY OF ANY MARKET RATE RESIDENTIAL UNITS NOT CURRENTLY IN
POSSESSION BY THE APPLICANT AS REFERENCED IN THE PROPOSED
CONDITIONAL USE PERMIT.
17. The developer and the City shall enter into a Development Agreement.
VIOLATION OF CONDITIONS:
The applicant understands and acknowledges that it must comply with all of the terms and conditions
herein, and all other applicable requirements of the City or other governmental agencies applicable to
the use of the Property. In accordance with the Code, the Council may revoke this approval upon a
determination that the Applicant or its successor or designee is in non - compliance with this
Resolution or Code. Failure to adhere to the terms and conditions of approval contained herein is a
violation of the Code and persons found violating the conditions shall be subject to the penalties
prescribed therein.
CONCLUSIONS OF LAW:
Based upon the above Findings of Fact, the Council does hereby make the following Conclusions of
Law:
1. The Application has been processed in accordance with the applicable provisions of the City
Code, and will not be detrimental to the community as a whole; and
2. In rendering its decision, as reflected in this Resolution, the Council has:
(a) Accorded procedural due process;
(b) Observed the essential requirements of the law;
(c) Supported its decision by substantial competent evidence of record; and
3. The Application for a conditional use is hereby GRANTED subject to the conditions specified
herein.
Crystal Cove CUDA 2016 9
EFFECTIVE DATE
This development order shall not take effect for thirty (3 0) days following the date it is filed with the
City Clerk, and during that time, the conditional use approval granted herein shall be subject to
appeal as provided in the City Code. An appeal shall stay the effectiveness of this development
order until said appeal is resolved.
Date G rge GtItt irector of Planning
This Development Order was filed in the Office of the City Clerk of this day of
2016.
Diane Clavier, City Clerk
NOTICE
Under the authority of Section 102.79(c) of the City of Marathon Land Development Regulations,
this development order shall become null and void with no further notice required by the City, unless
a business license has been issued for the use or a complete building permit application for site
preparation and building construction with revised plans as required herein is submitted to the City
of Marathon Building Official within one (1) year from the date of conditional use approval, or the
date when the Department of Community Affairs waives its appeal and all required certificates of
occupancy are procured with three (3) years of the date of this development order is approved by the
City Council.
In addition, please be advised that pursuant to Chapter 9J -1, Florida Administrative Code, this
instrument shall not take effect for forty-five (45) days following the rendition to the Florida
Department of Community Affairs_ During that forty-five days, the Florida Department of Economic
Opportunity may appeal this instrument to the Florida Land and Water Adjudicatory Commission,
and that such an appeal stays the effectiveness of this instrument until the appeal is resolved by
agreement or order.
CERTIFICATE OF SERVICE
A true and correct copy of the above and foregoing Resolution was shed, via U.S. certified mail,
return receipt requested, addr16. 2( sed to - C`;'i —_
this day of • - - 1
Diane Clavier City Clerk
Crystal Cove CUDA 2016 10
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INTERLOCAL AGREEMENT BETWEEN
MONROE COUNTY AND THE CITY OF MARATHON
TRANSFERRING AFFORDABLE HOUSING RESIDENTIAL ALLOCATIONS
This Agreement ( "Agreement ") is made and entered into this day of ,
2016, by and between Monroe County, a political subdivision of the State of Florida, whose
address is 1100 Simonton Street, Key West, Florida 33040 ( "County ") and the City of Marathon,
a municipal corporation of the State of Florida, whose address is 9805 Overseas Highway,
Marathon, Florida 33050 (the "City ");
WITNESSETH:
WHEREAS, Monroe County and the City of Marathon recognize the value of regional
partnerships in smart growth; and
WHEREAS, Policy 101.2.15 of the Year 2010 Monroe County Comprehensive Plan
allows Rate of Growth Ordinance building permit allocations (ROGOs) for affordable housing
projects to be pooled and transferred between local government jurisdictions within the Florida
Keys Area of Critical State Concern, if accomplished through an interlocal agreement between the
sending and receiving Iocal governments; and
WHEREAS, Chapter Five (5) of the City Comprehensive Plan identifies goals, objectives
and policies to provide for development pursuant to intergovernmental coordination and interlocal
agreements; and
WHEREAS, Monroe County and the City of Marathon have previously entered into
interlocal agreements to transfer ROGOs; and
WHEREAS, Monroe County and the City of Marathon recognize the potential economic
value of such transferable affordable allocations; and
WHEREAS, this Agreement is entered into according to the authority of Florida Statutes,
Section 163.01, et. seg., Florida Interlocal Cooperation Act of 1969, which states:
"it is the purpose of this section to permit local government units to make the most
efficient use of their powers by enabling them to cooperate with other localities on
a basis of mutual advantage and thereby to provide services and facilities in a
manner and pursuant to forms of governmental organization that will accord best
with geographic, economic, population, and other factors influencing the needs and
development of local communities "; and
WHEREAS, the comprehensive plans of Monroe County and the City of Marathon
expressly identify interlocal agreements as a means of resolving issues mutually affecting their
respective jurisdictions; and
WHEREAS, SEAWARD PROPERTIES, LLC, a Florida limited liability company
(hereafter "Property Owner "), has submitted an application for the construction of fifty -three (53)
deed restricted affordable housing units; and
WHEREAS, the legal descriptions of the properties are attached hereto as Exhibit "A" and
Exhibit "B" and by reference made a part hereof.
WHEREAS, County hereby agrees to transfer to City fifty -three (53) affordable housing
allocations to allow Marathon to secure deed restricted affordable housing at the above properties.
public.
WHEREAS, the parties have determined that this Agreement is in the best interests of the
NOW, THEREFORE, the parties hereto agree as follows:
Section 1. TRANSFER. The parties agree to permit the transfer of fifty -three (53)
affordable housing ROGO allocations from Monroe County to the City of Marathon, and subject
to the conditions contained therein, including but not limited to:
a. The filing of a 99 year Affordable Housing Deed Restriction on all
of the fifty -three (53) affordable housing units pursuant to this Agreement and the
applicable requirements of the Code of Ordinances, City of Marathon, Florida and
similar requirements of the Florida Building Code.
b. The affordable housing shall be solely in the categories of income
as shown below and set forth in Section 104.03 of the City of Marathon Code.
C. A detailed breakdown of the affordable housing allocations are set forth
below:
8 Very Low — 50% of median income (located at the FKR)
8 Low — 80% of median income (I BR's Seaward)
15 Median — 100% of median income (I BR's Seaward)
18 Median — 100% of median income (2 BR's Seaward)
4 Moderate — 120% of median income (3 BR's Seaward)
The breakdown by percentages is:
8 @ 50% median income =
15%
8 @ 80% median income —
15%
33 @ 100% median income= 62%
4 @ 120% median income
= 8%
0
Section 2, ASSIGNMENT: Monroe County has assigned its rights to the affordable
allocations to the City and shall be designated as follows:
a. The fifty -three (53) affordable housing allocations are to be issued by the
City to be used specifically by Property Owners.
b. The affordable housing allocations shall be applied and designated as
affordable housing for the fifty -three (53) units to be constructed by the Property Owners.
Section 3. TERM: Subject to and upon the terms and conditions set forth herein, this
Agreement shall continue in force until fully performed by the parties and Property Owner or
until December 31, 2019 at which time said units will revert to the County if not utilized and
committed as described herein.
Section 4. NOTIFICATION: The City of Marathon shall (1) notify Monroe County of any
assignment(s) and successor(s) in interest or title to the Property Owner for the duration of the
ROGO allocations described in Section 1. ( "Transfer ") above, and (2) shall notify Monroe
County of any assignment(s) and successor(s) in interest or title to the ROGO allocations
described in Section 1. ( "Transfer ") above at least thirty (30) days prior to the date of such
transfer or succession by certified U. S. Postal Service Certified mail to the Monroe County
Planning & EnvironmentaI Resources Senior Director.
All such notices under this Section ( "Section 4. ") shall be sent to the following addresses:
Monroe County Administrator
1100 Simonton Street
Key West, FL 33040
Planning & Environmental Resources Department
Attn: Senior Director
2978 Overseas Highway
Marathon, FL 33050
Section 5. GOVERNING LAWS/VENUE: This Agreement shall be construed
in accordance with and governed by the laws of the State of Florida and the United States.
Exclusive venue for any dispute arising under this Agreement shall be in the Sixteenth Judicial
Circuit in and for Monroe County, Florida. In the event of any litigation, the prevailing party
is entitled to a reasonable attorney's fee and costs. This Agreement is not subject to arbitration.
Section 6. NONDISCRIMINATION: The parties agree that there will be no
discrimination against any person, and it is expressly understood that upon a determination by a
court of competent jurisdiction that discrimination has occurred, this Agreement automatically
terminates without any further action on the part of any party, effective the date of the court
order. The parties agree to comply with all Federal and Florida statutes, and all local
ordinances, as applicable, relating to nondiscrimination. These include but are not limited to (1)
Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) which prohibits discrimination on the
basis of race, color or national origin; (2) Section 504 of the Rehabilitation Act of 1973, as
amended (20 U.S.C. s.
3
1975, as amended (42 U.S.C. ss. 6101 - 6107)), which prohibits discrimination on the basis of age;
(4) The Drug Abuse Office and Treatment Act of 1972 (P.L. 92 -255), as amended, relating to
nondiscrimination on the basis of drug abuse; (5) The Comprehensive Alcohol Abuse And
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91 -616), as amended,
relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (6) The Public Health
Service Act of 1912, ss. 523 and 527, (42 U.S.C. ss. 290 dd -3 and 290 ee03), as amended, relating
to confidentiality of alcohol and drug abuse patient records; (7) The Americans With Disabilities
Act of 1990 (42 U.S.C. s. 1201 Note), as may be amended from time to time, relating to
nondiscrimination on the basis of disability; (8) The Florida Civil Rights Act of 1992, (Chapter
760, Florida Statutes, and Section 509.021, Florida Statutes), as may be amended from time to
time, relating to nondiscrimination; and (9) any other nondiscrimination provisions in any federal
or state statues or local ordinances which may apply to the parties to, or the subject matter of, this
Agreement.
Section 7. CODE OF ETHICS: The parties agree that their officers and employees
recognize and will be required to comply with the standards of conduct relating to public officers
and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to,
solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation;
misuse of public position, conflicting employment or contractual relationship; and disclosure or
use of certain information.
Section 8. NO SOLICITATIONIPAYMENT: The parties warrant that, in respect to
itself, it has neither employed nor retained any company or person, other than a bona fide employee
working solely for it, to solicit or secure this Agreement and that it has not been paid or agreed to
pay any person, company, corporation, individuals, or firm, other than a bona fide employee
working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon
or resulting from the award or making of this Agreement. For the breach of violation of this
provision, each party agrees that the other party shall have the right to terminate this Agreement
without liability and, at its discretion, to offset from monies owed, or otherwise recover the full
amount of such fee, commission, percentage, gift, or consideration.
Section 9. SUBORDINATION: This Agreement is subordinate to the laws and
regulations of the United States and the State of Florida, whether in effect on commencement of
this Agreement or adopted after that date.
Section 10. INCONSISTENCY: If any item, condition, or obligation of this
Agreement is in conflict with other items of this Agreement, the inconsistencies shall be construed
so as to give meaning to those terms which limited the County's responsibility and liability.
Section 11. PUBLIC ACCESS TO RECORDS: The parties shall allow and permit
members of the public reasonable access to, and inspection of, all documents, papers, letters, or
other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by
the parties in conjunction with this Agreement.
Section 12. NON - RELIANCE BY NON - PARTIES: Other than as stated herein, no
person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to
4
enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or
program contemplated hereunder, and the parties agree that neither the County nor the City or any
agent, officer, or employee of each shall have the authority to inform, counsel, or otherwise
indicate that any particular individual or group of individuals, entity or entities, have entitlements
or benefits under this Agreement separate and apart, inferior to, or superior to the community in
general or for the purposes contemplated in this Agreement.
Section 13. NO PERSONAL LIABILITY: No covenant or agreement contained
herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee
of a party in his or her individual capacity, and no member, officer, agent or employee of a party
shall be liable personally on this Agreement or be subject to any personal liability or accountability
by reason of the execution of this Agreement.
Section 14. NOTICES: All notices and other communications hereunder must be in
writing and addressed as follows, or to any other address which either party may designate to the
other party by mail:
If to County: Roman Gastesi, Jr., County Administrator
Monroe County Historic Gato Building
1100 Simonton Street
Key West, Florida 33040
Planning & Environmental Resources Department
Attn: Senior Director
2798 Overseas Highway
Marathon, FL 33050
With a copy to: Robert B. Shillinger, Jr., Esquire
Monroe County Attorney's Office
P.O. Box 1026
Key West, Florida 33041 -1026
If to City: Charles Lindsay
City Manager
City of Marathon
9805 Overseas Highway
Marathon, Florida 33050
George Garrett
Planning Director
City of Marathon
9805 Overseas Highway
Marathon, FL 33050
With a copy to: David Migut, Esquire
City Attorney
City of Marathon
9805 Overseas Highway
Marathon, FL 33050
Thomas D. Wright, Esq.
Law Offices of Thomas D. Wright, Chartered
9711 Overseas Highway
Marathon, FL 33050
Attorney for Property Owner
Any notice required by this Agreement to be given or made within a specified period of
time, or on or before a date certain, shall be deemed to have been duly given if sent by certified
mail, return receipt requested, postage and fees prepaid; hand delivered, or sent by overnight
delivery service.
Section 15. ENTIRE AGREEMENT /MODIFICATION /AMENDMENT: This
writing contains the entire Agreement of the parties and supersedes any prior oral or written
representations. No representations were made or relied upon by either party, other than those that
are expressly set forth herein. No agent, employee, or other representative of either party is
empowered to modify or amend the terms of this Agreement, unless executed with the same
formality as this document.
Section 16. MISCELLANEOUS: Each party represents and warrants to the other that
the execution, delivery, and performance of this Agreement has been duly authorized by all
necessary corporate or other organizational action, as required.
Section 17. COUNTERPARTS: This Agreement may be executed in several
counterparts, each of which shall be deemed an original, and such counterparts shall constitute one
and the same instrument.
Section 18. SEVERABILITY: The provisions of this ILA are declared to be
severable, and if any sentence, section, clause, or phrase of this ILA shall, for any reason, be
held invalid or unconstitutional, such decision shall not affect the validity of the remaining
sentences, sections, clauses, or phrases,of the ILA, but they shall remain in effect it being the
legislative intent that this ILA shall stand notwithstanding the invalidity of any part.
Section 19 EFFECTIVE DATE: This Agreement shall take effect on the date setforth
above.
SIGNATURES ON FOLLOWING PAGES
31
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its
duly authorized representative.
(SEAL)
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
ATTEST: AMY HEAVILIN, CLERK
Deputy CIerk
I5A
Mayor /Chairperson
Date:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
I:
Assistant County Attorney
ATTEST:
THE CITY OF MARATHON, FLORIDA
"01 ' r yr
OAVJIP
By: Lqdc JZ
DIANE CLAVIER Mayor Da el ie Date
City Clerk
(City Seal)
APPROVED AS TO FORM AND
LEGALITY FOR THE USE AND
RELIANCE OF THE CITY OF
MARATHON, FLORIDA ONLY:
By:
David Migut
City Attorney
7
MONROE COUNTY ATTORNEY
AP 4VED AS T ORM:
Gj
5TF_VPN_ T. WILLIAMS
A Xsls t'A. r L UN Y ATTORNEY
Date Vo
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Sponsored by: Lindsey
CITY OF MARATHON, FLORIDA
RESOLUTION 2016 -114;
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MARATHON, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT
BETWEEN MONROE COUNTY AND THE CITY OF MARATHON
TRANSFERRING AFFORDABLE HOUSING RESIDENTIAL
ALLOCATIONS FOR A PROJECT KNOWN AS SEAWARD PROPERTIES
LLC; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Marathon (the "City ") wishes to enter into an Interlocal Agreement
with Monroe County (the "County ") for the purposes of Transferring affordable housing unit
allocations; and
WHEREAS, the Interlocal Agreement with the County is in the best interest of Monroe
County and the City of Marathon for the purposes of providing opportunities for affordable housing,
. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MARATHON, FLORIDA, THAT:
Section 1. The above recitals are true and correct and incorporated herein.
Section 2. The Interlocal Agreement (ILA) attached hereto as Exhibit "A ", between
Monroe County and the City of Marathon Transferring Affordable Housing Residential Allocations
For A Project Known As Seaward Properties LLC is hereby approved. The Mayor is authorized to
sign the ILA on behalf of the City, and the City Manager is authorized to expend budgeted funds on
behalf of the City.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
MARATHON, FLORIDA, THIS 13 DAY OF DECEMBER, 2016.
THE CITY OF MARATHON, FLORIDA
Dr. Daniel Zieg, a r ; -
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Diane Clavier, City Clerk
(City Seal)
APPROVED AS TO FORM AND LEGALITY FOR THE USE
AND RELIANCE OF THE CITY OF MARATHON, FLORIDA ONLY:
David Migut, ity A 0mey