09/27/2017 Agreementcoun
'�- Kevin Madok CPA
Clerk of the Circuit Court & Comptroller — Monroe County, Florida
DATE: October 12, 2017
TO: Debbie Lofberg
Executive Administrator
Planning, Code Compliance & Building Department
FROM: Pamela Hanco *C.
SUBJECT: September 27th BOCC Meeting
Attached is the original Item E5, 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
(Building Permit Allocation System) 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, executed on behalf of Monroe County for your handling:
Please be sure to return one fully executed copy of the Agreement, for the record, once the
municipalities and the state have signed. Should you have any questions, please feel free to
contact me at extension 3130.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
305- 294 -4641 305 - 289-6027 305- 852 -7145
PK/ROTH BUILDING
50 High Point Road
Plantation Key, Florida 33070
305- 852 -7145
►`` olelt
THIS AGREEMENT is entered into by and between the State of Florida's Department of
Economic Opportunity (the "DEO "), Monroe County, the City of Key West, Islamorada, Village of
Islands, the City of Layton and the City of Marathon (the "Local Governments ") (all collectively known
as the "Parties ") for the purpose of Complying with Rules 28 -18, 28 -19, and 28 -20, of the Florida
Administrative Code, and as provided for in Section 380.032(3) Florida Statutes.
RECITALS.
WHEREAS, the Local Goverrunents are designated as Areas of Critical State Concern (the
Florida Keys ACSC and the City of Key West ACSC) pursuant to Sections 380.05 and 380.0552,
Florida Statutes, and the Florida Administrative Code Chapter 28 -36, hereinafter referred to as the
"Keys ACSCs ", and
WHEREAS, the DEO is the state land planning agency having authority and duty to exercise
general supervision of the administration and enforcement of Chapter 380, Florida Statutes, the
Environmental Land and Water Management Act (the "Act "), which includes provisions relating to
areas of critical state concern; and
WHEREAS, the DEO is authorized by Section 380.032(3), Florida Statutes to contract with any
landowner, developer or other governmental agency as may be necessary to effectuate the provisions
and purposes of the Act, or any related rule; and
WHEREAS, the City of Key West ( "Key West") adopted its Comprehensive Land Use Plan on
March 5, 2013, which provides for the allocation of certain residential building rights known as Building
Permit Allocation System units ( "13PAS "), under which Key West awards 91 units on an annual basis
over the current planning hori zon consisting of the years 2013 through 2023, and
WHEREAS, Key West has a certain number of unallocated BPAS units accumulated in years
one (1) through four (4) which the City desires to allocate to an Affordable Housing/Workforce Housing
project ("The Quarry ") located on Big Coppitt Key, which is beyond the jurisdictional boundary limits
of Key West, and
1
WHEREAS, the provision of affordable housing in the lower keys coupled with the distribution
of ROGO units to the remaining municipalities will benefit all members of the ACSCs, and
WHEREAS, the Key West Comprehensive Land Use plan does not currently provide for an
allocation beyond its jurisdictional boundary, nor provide for a distribution of its un- allocated units other
than "Recovered Units" as defined in Section 1011- 997(e) of the Land Development Regulations of Key
West, and
WHEREAS, Key West has approved a Comprehensive Land Use Plan Amendment which has
been rendered to the DEO for review and comment pursuant to the State Coordinated Review
Guidelines of Chapter 163, Florida Statutes, which would allow the transfer of 104 BPAS units to
Monroe County for the Workforce Housing; /Affordable Housing Project known as "The Quarry,"
located on Big Coppitt Land Use Area l at approximate Mile Marker 9 (a copy of the proposed
Comprehensive Land Use Plan Amendment is attached hereto and incorporated by reference); and
WHEREAS, the Parties, have met to discuss the reallocation and a method of BPAS/ROGO re-
distributions between Monroe County and the remaining municipalities located in the ACSCs in an
effort to fulfill Administration Commission's actions, and have agreed to present this agreement to their
Commission/Council for execution of this Agreement.
NOW THEREFORE, the parties set forth the f6ilowing terms and conditions of this
Agreement.
1. In 2012, pursuant to Administration Commission action, 3550 building permit allocation units
were awarded for a period of] 0 years (355 per year) from the State to the local governments as
follows:
Local Government
- (the Parties) _ _—
Monroe Count
Marathon -
Islamorada
K ev Colony Beach
Lavton
- Key West
3 units
91 units
2. Upon the execution of this Agreement by all Parties, Key West shall approve and adopt the
Comprehensive Land Use Plan cif' Key West amendment allowing the allocation of 104
previously unallocated BPAS units to Monroe County for the "The Quarry" project on Big
Coppitt Key for the construction of workforce housing /affordable housing.
3. Upon effectiveness of the Comprehensive Land Use Plan of Key West and the execution of this
Agreement by all Parties, the City of Key West shall transfer 104 previously unallocated BPAS
units to Monroe County for "The Quarry" project on Big Coppitt Key for the construction of
workforce housing/affordable housing.
1 Annual Allocation
i
1 97 units
30 units
-- — ---__ 28 units
2
4. Monroe County agrees to provide permanent ROGO units to the remaining municipalities, based
upon their percentages of vacant land, as determined in the revocable 2012 Hurricane Evacuation
Clearance Time Memorandum of Understanding, as follows:
Local Government Number of ROGOs due to the Parties
(the Parties)
Marathon 11.83 units
Islamorada 10.25 units
TOTAL
012 units
.- -_ 23.05 uxitc
All ROGO units transferred pursuant to this section shall be restricted to non - transient use by the
receiving municipality. The receiving municipality shall determine whether or not the units are
to be issued for market rate or affordable housing.
5. Marathon, Islamorada and Layton shall determine if the ROGO units received shall be utilized as
market rate dwelling units or affordable housing dwelling units and shall work with DEO to
amend their comprehensive plan in order to utilize the transferred allocations.
b. In the event building permits are not issued for "the Quarry" project on or before .lone 30, 2019,
the BPAS units awarded by Key West will remain with Monroe County as affordable ROGO
units to be awarded by Monroe County for Affordable/Workforce lousing residential uses in
Monroe County south of Mile Marker 26.
7. Epntire!1 of Agreement The parties agree that this Section 380.032 Agreement contains the
entire and exclusive understanding and agreement among the parties and may not be modified in
any manner except by an instrument in writing and duly signed by the DEO and the Parties
(Local Goversu nents).
8. Duplicate Originals. This Section 380,032 Agreement may be executed in any number of
originals, all of which evidence one agreement, and only one of which need be produced for any
purpose.
9. Enforcement. in the event of a breach of this Section 380.032 Agreement, or failure to comply
with any condition of it, DF0 may enforce this Agreement pursuant to 380.11(2)(a) and (d),
Florida Statutes, or as otherwise provided by law. In the event of a breach of this Section
380.032 Agreement, or failure to comply with any condition of it, the Local Governments may
enforce this Agreement, as permitted by law, in the appropriate state court in and for Monroe
County, Florida.
10. Scope of Authority. This Section 380.032 Agreement affects the rights and obligations of the
parties as provided herein. This Section 380.032 Agreement is not intended to influence or
determine the authority or decisions of any other state or local government or agency in the
3
issuance of any other permits or approvals that might he required by state law or local ordinance
for any development authorized by this Agreement except as provided herein.
11. Effective Date. This Agreement is effective upon execution by all parties and ends upon the
termination of the Keys ACSCs designation.
12. Notifleation. Notifications under this Agreement shall be made by hand delivery, U.S. certified
mail, return receipt requested, or an express mail service that provides proof of delivery.
Notification by a Party to the DEO shall be directed to the Areas of Critical State Concern.
Administrator, Department of Economic Opportunity, 107 East Madison Street, Tallahassee, FL
32399 -4128. Notification to the other parties to this Agreement shall be directed as follows:
L Monroe County. Mayor, Monroe County,
2798 Overseas Highway, Marathon, FL 33050
with a copy to the Planning and Environmental Resources Director, 2798 Overseas Highway,
Marathon, FL 33050
2. City of Key West. Mayor, City of Key West,
1300 White Street, PO Sox 1409, Key West, FL 33041 -1409,
with a copy to the Planning Director, 1300 White Street, PO Box 1409, Key West, Fl- 33041-
1409
3. Cnty of Marathon. Mayor, City of Marathon,
9805 Overseas Highway, Marathon, FL 33050,
with a copy to the Planning Director, 9805 Overseas Highway, Marathon, FL 33050
4. City of Layton. Mayor, City of Layton,
68260 Overseas Highway, PO Box 778, Long Key, FL 33001 -0141
5. Iskmorada, City of Islands, Mayor, Islamorada, Village of Islands,
86800 Overseas Highway, Islamorada, FL 33036,
with e copy to the Director of Planning and Development Services, 86800 Overseas Highway,
Islamorada, FL 33036
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates
below written.
SIGNATURES ON FOLLOWING PAGES
4
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates
below written.
Date
CITY OF KEY WEST, FLORIDA
Craig Cat a — r'
yo
ATTEST:.
Cheryl Smith, City djerk
Approved as to fo legal sufficienc
for City Attorney
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates
below written.
ATTEST:
' �' D� I kk = 4
Diane Clavier, City Clerk
Approved as to form and legal sufficiency:
CITY OF MARATHON, FLORIDA
—Von' 617
Michelle Coldiron, Mayor
City Attorney
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates
below written.
FLORIDA
ISLAMORADA, VILLAGE OF ISLANDS,
1D 131 7� 4-1
Date Jim Mooney,:Mayor
ATTEST:
k l ! � L_1
Kel y Toth,'Village Clerk
Approved as to form and legal sufficiency:
Roget V. Bryan, Village Attorney
I F It FOF
D,: a
y CL k
()I I '0JON, 1:4,('•RiDA
Fi I L
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates
below written.
BOARD OF COUNTY COMMISSIONERS
OF MON OE COUNTY, FLORIDA
, George Neugent, Mayor
Approved as to form and legal sufficiency:
, for County Attorney
%fONROE COUNTY ATTORNEY
OVED At ORM:
T. WILLIAMS
N T J A ATTORNEY
P amela Hancock , for County Clerk
Deputy Clerk
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates
below written.
Date
ATTEST-
STATE OF FLORIDA, DEPARTMENT OF
ECONOMIC OPPORTUNITY,
DIVISION OF COMMUNITY DEVELOPMENT,
Julie Dennis
DirecVr
Print Name: M�q a k90 (fig
Approved as to farm and legal sufficiency:
J �. Z�-/' % �' W
Pri t Name:
,Titl : A 55
Date:
S
ORDINANCE NO. 17 - 13
AN ORDINANCE OF THE CITY. OF KEY WEST, FLORIDA,
AMENDING CHAPTER 1 OF THE COMPREHENSIVE PLAN
ENTITLED "FUTURE LAND USE ELEMENT" BY AMENDING
POLICY 1- 1.16.1, ENTITLED "MAINTAIN A BUILDING
PERMIT ALLOCATION ORDINANCE," AMENDING POLICY
1- 1.16.2, ENTITLED "BUILDING PERMIT
ALLOCATION ORDINANCE AND AFFORDABLE DOUSING,
AMENDING POLICY 1- 1.16.3, ENTITLED "PERMIT
ALLOCATION SYSTEM RATIO BY STRUCTURE TYPE,
AND BY ADDING POLICY 1- 1.16.5 ENTITLED
"TRANSFER OF BUILDING PERMIT ALLOCATIONS;" BY
AMENDING CHAPTER 2 ENTITLED "TRANSPORTATION
ELT, ►► BY AMENDING POLICY 2.16.4 TO
PROPERLY REFLECT AS POLICY 2- 1.6.4, AND
REVISING THE REFERENCE TO THE NUMBER OF
ALLOCATED UNITS; AMENDING CHAPTER 3 OF THE
COMPREHENSIVE PLAN ENTITLED "HOUSING, BY
AMENDING POLICY 3- 1.1.4, ENTITLED "BUILDING
PERMIT ALLOCATION SYSTEM;" PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL 'OF
INCONSISTENT PROVISIONS; PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, the City Commission has passed numerous resolutions
aimed at increasing the availability of affordable and workforce
housing in the City of Key West; and
WHEREAS, development of any housing is strictly controlled by
the State of Florida, which has designated the City of Key West as
a State Area of Critical Concern; and
WHEREAS, this state regulation has resulted in a specified
number of new building permits that may be granted each year under
what is known as the Building Permit Allocation System (BPAS) ; and
Page 1 of 11
WHEREAS, based on recommendations by the Department of
Economic Opportunity, changes to the City's Comprehensive Plan
were requested; and
WHEREAS, the City Commission finds that it is in the best
interest of the City that there exists a method to transfer
Building Permit Allocations not utilized within the City to Lower
Keys areas of Monroe County, for beneficial use purposes and /or
affordable housing that will directly benefit the City of Key West
as determined by the City Commission; and
WHEREAS, Chapter 1, entitled "Future Land Use Element" and
Chapter 3, entitled "Housing" are to be amended through ordinance
in response to the Department of Economic Opportunity; and
WHEREAS, the Planning Board ("Board ") held a noticed public
hearing on May 18, 2017, where based on the consideration of
recommendations by the city planner, city attorney, building
official and other information, the Board recommended approval of
the proposed amendments set forth in Planning Board Resolution
2017 -21; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF KEY WEST,
FLORIDA;
Page 2 of 11
Section 1: That Chapter 1 of the Comprehensive Plan is hereby
amended as follows *:
Policy 1- 1.16.1: Maintain a Buildings Permit Allocation
Ordinance.
The City of Key West shall maintain and enforce its building
Permit allocation ordinance as follows: Between 85 and 10o units
will be reserved as beneficial use permits to address property
rights associated with existing vacant lots of record. The permit
allocation system shall limit the number of permits issued for new
Permanent and transient development to 910 units during the period
from July 2013 to July 2023. The annual allocation will not exceed
be ninety -one units (91) single- family units or an equivalent
combination of residential and transient types based on the
equivalency factors established in Policy 1- 1.16.3. The annual
allocation limitation shall not apply to affordable housin
allocations. In order to address the ongoing affordable housing
shortage and affordable housing deed restrictions expected to
expire, during the first three years (July 2013 - July 2016) 60
percent of the units
*(Coding: Added language is underlined deleted language is
strue3 t43-eugh at first reading. Added language is double
underlined and at second reading.)
Page 3 of 11
allocated shall be affordable. Between years four (4) and 10 (2016
- 2023), a minimum of 50% of the total allocations shall be
affordable. Between years feur- (4) and 10, 80 pea5eent ef refnainii=ig
(lien afferdability resti-ieted) un4ta shall--be permanent-, 20
perneent may be ti=arisient. Between years four (4) and 10, no more
than 10 percent may be transient. During Year One (1) (July 2013
- 2014), 48 of the affordable units to be allocated will be
dedicated for use at the Peary Court Housing complex property,
being transferred from military to private sector housing.
The annual building permit allocation period will be in on
July 1 of each year —and shall end on the 30th of June of the
following vear — __'_
Staff may consider the following
criteria in ranking applications: 1) building one to two feet
higher than the base flood elevation; 2) exceeding the minimum
required percentage of affordable housing; 3) compliance with
green building standards; 4) compliance with adopted urban design,
Page 4 of 11
standards, and; 5) a minimum contribution to a sustainability and
Open space recreation fund.
Building permits shall be obtained within two years of the
development approval date. If a building permit is not obtained
within that timeframe the allocated units will revert to the City
for reallocation during the nemt If th
his—
Policy 1- 1.16.2: Building Permit Allocation Ordinance and
Affordable Housing.
The City permit allocation system shall require that sixty
percent (60t) of all new permanent residential units be affordable
units based on definitions and criteria contained in Policy 3-
1.1.7 and 3 -1.1.8 between July 1, 2013 and July 1, 2016, and that
a minimum of fifty ercent (500) of the total allocations be
affordable between July 1, 2016 and July 1, 2023.
Policy 1- 1.16.3: Permit Allocation System Ratios by
Structure Type,
The permit allocation system shall be sensitive to differing
trip generating characteristics of permanent and transient
residential units as well as single - family units, accessory
Page 5 of 11
apartment units and multi - family residential units.
The permit allocation system shall incorporate a
series of equivalent single - family unit (ESFU) values in applying
the ann-u permit allocation threshold established in the building
permit allocation ordinance as hereinafter explained.
Table 1- 1.16.3
Residential Equivalent Single- Family Unit
Structure Type Value (ESFU)
Single Family 1
Accessory Apt. /SRO .78(b)
Multi Family 1,00(c)
Transient Unit ,86 W
(1) The equivalent single family unit values are predicated
on the ratio of the average number of vehicles per unit based on
the 2010 US Census for the respective residential structure types
divided by the vehicles per single family units (i.e., 1.28
vehicles per unit). The computations are as follows:
(a) Single Family 1.2811.28 = 1.00
(b) Accessory Apt. or Single Room Occupancy (SRO) :
1.0011.28 = .78. The former Fl. Department of Community
Affairs (now Department of Economic Opportunity) approved the
Page 6 of 11
estimated average vehicles per accessory unit or single room
occupancy (SRO) as one (1) vehicle per accessory unit or SRO.
(c) Multi - Family: 1.2811.28 = 1.00
(d) Transient Unit 1. 10/1.28 = .86 (based on the
Hurricane Evacuation Study 1.10 vehicles per transient unit
in Monroe County)
Policy 1- 1.16.5: Transfer of Building Permit Allocations
By resolution the City of Key West maV transfer buildin
p ermit allocations to areas beyond the City limits for the
development of Affordable Workforce Housing in close Proximity to
the City of Key West such that the anticipated residents could
reasonably be eLcpected to contribute to the workforce of the Cit
of Key West.
Upon adoption of this Comprehensive Plan Amendment the cit
of Key West shall transfer 104 previously unallocated units to the
Affordable Housing Development described as "THE QUARRY" located
in the Big Coppitt Mixed Use Area 1, at approximate mile marker 9,
Monroe County Florida. This shall be done pursuant to an inber' ----
Agreement between the City of Key West, The Department of Economic
0 ortunit and Monroe County and appropriate local governments
with the concurrence of Quarry Partners LLC, the owner of the
property. The Agreement shall be prepared pursuant to Section 380
Florida Statutes. _ Quarry Partners LLC shall
Page 7 of 11
rovideT recorded Declarations of Affordable Housin2 Restrictions
for these units acceptable, to the City of Key West and Monroe
County prior to the issuance of certificates of occupancy by Monroe
Counter In the event building permits to construct "The Quarry"
affordable housing ro ' ect are not issued on or before June 30,
2019 these units shall be released to Monr County and shall only
be re- allocated for Affordable Housing u oses south of Mile
Marker 26 on U.S. 1.
The units transferred under this policy shall be considered
as contributing to the 50% minimum affordable housinq allocation
Of POlic 1- 1.16.1.
Section 2: That Chapter 2 of the Comprehensive Plan is
hereby amended as follows
Polic 2-14-. 2 -1.6.4 Tranal2ortation Concurrency Exception
Area.
Between years 2013 and 2023 The City of Key West shall
allocate a total of 910 BPAS units. Due to the City's exception
from transportation concurrency, the development or redevelopment
Page 8 of 11
of these units shall not be subject to roadway concurrency
requirements.
Section 3 : That Chapter 3 of the Comprehensive Plan is
hereby amended as follows:
Policy 3- 1.1.4: Building Permit Allocation System.
The City of Key West shall annually allocate 91 bqaile
f-er a total of 910 permits
between years 2013 and 2023 In order to address the ongoing
affordable housing shortage and affordable housing deed
restrictions expected to expire, during the first three years (July
2013 - July 2016) 60 percent of the units allocated shall be
affordable. Between years four (4) and 10 (2016 _ 2023), a minimum
of 50% of the total allocations shall be affordable.
feur 4-
r-estr-ieted) units shall be permanent, and 20 pe een
t rans . Between vears four ( 4 ) and ten (10) , no more than 10
percent may be transient During Year One (1) (July 2013 - 2014),
48 of the affordable units to be allocated will be in the transfer
of Peary Court from military to private sector housing, which
leaves 43 units to be allocated from the first allocation pool.
Page 9 of 11
Section 4 : If any section, provision, clause, phrase, or
application of this Ordinance is held invalid or unconstitutional
for any reason by any court of competent jurisdiction, the
remaining provisions of this Ordinance shall be deemed severable
therefrom and shall be construed as reasonable and necessary to
achieve the lawful purposes of this Ordinance.
Section S : All Ordinances or parts of Ordinances of said
City in conflict with the provisions of this Ordinance are hereby
superseded to the extent of such conflict.
Section 6 : This Ordinance shall go into effect immediately
upon its passage and adoption and authentication by the signature
of the presiding officer and Clerk of the Commission and approval
by the Florida Department of Economic Opportunity, pursuant to
Chapter 380, Florida Statutes.
Read and passed on first reading at a regular meeting held
this 6 day of June , 2017.
Read and passed on final reading at a regular meeting held
this 17 day of October 2017.
Page 10 of 11
Authenticated by the presiding officer and Clerk of the
Commission on 18
day of October 2017.
Filed with the Clerk October 18
2017.
CHERYL SMITH,(jCITY CLERK
STATE OF FLORIDA, COUNTY OF MONROE,
CITY OF KEY WEST
This copy is a true copy of the public reoprd on
file in this Tice. witne s my hand and affi °ei
seal: tbi day of
Page 11 of 11
Mayor Craig
Cates
Yes
Commissioner
Sam Kaufman
Yes
Commissioner
Clayton Lopez
Absent
Commissioner
Richard Payne
Yes
Commissioner
Margaret Romero
Yes
Commissioner
Billy Wardlow
Yes
Commissioner
Jimmy Weekley
Absent
A?',�' SST
�
CRAIG CA`k
5 MAYOR
:
�� i �
CHERYL SMITH,(jCITY CLERK
STATE OF FLORIDA, COUNTY OF MONROE,
CITY OF KEY WEST
This copy is a true copy of the public reoprd on
file in this Tice. witne s my hand and affi °ei
seal: tbi day of
Page 11 of 11