Item J2 } J.2
`,
County of Monroe
�y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Heather Carruthers,District 3
�1 `ll Mayor Pro Tem Michelle Coldiron,District 2
The Florida.Keys` )-.���` Craig Cates,District 1
David Rice,District 4
w � Sylvia J.Murphy,District 5
County Commission Meeting
September 16, 2020
Agenda Item Number: J.2
Agenda Item Summary #7051
BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2500
n/a
AGENDA ITEM WORDING: Approval of an Inter-Local Agreement (ILA) between Monroe
County (County) and the City of Marathon (City) transferring 20 Affordable Housing ROGO
Allocations from the City to the County for the Monroe County School Board Affordable Housing
Project on Sugarloaf Key.
ITEM BACKGROUND:
Interlocal Agreement (ILA) request from the City of Marathon (the "City") to transfer 20 affordable
housing allocations from the City of Marathon to the County, for a 20-unit affordable housing
project by the Monroe County School Board (the "School Board") on Sugarloaf Key. The project is
located on a 2.81-acre portion of property located at 255 Crane Boulevard on Sugarloaf Key (the
"Property"), adjacent to Sugarloaf School. The City of Marathon approved this ILA on August 11,
2020 through Marathon City Council Resolution 2020-052.
On August 21, 2019, the BOCC approved Ordinance 030-2019, creating Policy 107.1.8 Sugarloaf
School Workforce Housing Area that provides additional development restrictions on the subject
parcel, including a limitation that the only permitted use on the Property would be affordable
housing and accessory uses to accompany a concurrently adopted Future Land Use Map (FLUM)
amendment from Education (E) to Mixed Use/Commercial (MC) [Ref. Ordinance 031-2019].
On August 21, 2019, the BOCC approved Ordinance 031-2019, amending the Future Land Use Map
(FLUM) designation of a portion of the property from Education (E) to Mixed Use / Commercial
(MC).
The School Board currently holds fifty (50) affordable housing ROGO allocations associated with
property located at 320 Sombrero Beach Road, Marathon, Florida, 33050. The School Board desires
to transfer 20 affordable housing allocations to the County, to be used for the development of the
affordable housing project on Sugarloaf Key.
The ILA requires the School Board, or its assignee and successors-in-interest, to construct and obtain
a Certificate of Occupancy for up to twenty (20) affordable housing units on the Property prior to
Packet Pg. 2333
J.2
July 31, 2025 as show in Section 1. A 99-year Affordable Housing Deed Restriction will be recorded
on all of the affordable housing units in accordance with the applicable requirements of the Code of
Ordinances, Monroe County, Florida and similar requirements of the Florida Building Code (FBC).
Section 3 of the ILA reflects a consistent date of July 31, 2025 for the project to complete
construction and obtain a Certificate of Occupancy for all twenty (20) affordable housing units on
the Property.
In the event the School Board fails to complete the construction and obtain a Certificate of
Occupancy for all twenty (20) units by Monroe County on or before the date referenced in Section 3
of the ILA, any units which have not received a Certificate of Occupancy shall result in those
allocations reverting to the City of Marathon and to their former status under the Agreement and
such units shall be required to either a) obtain an allocation from Monroe County, b) obtain an
allocation through an Interlocal Agreement with another jurisdiction within the City of Key West or
Florida Keys Area of Critical State Concern consistent with Monroe County Comprehensive Plan
Policy 101.3.10, or c) demolish any units that are unable to obtain an allocation within six (6)
months of the date referenced in Section 3.
Pursuant to Policy 107.1.8 of the Monroe County Comprehensive Plan, the dwelling units
constructed on the site must be affordable housing. Further, based on the Land Use (Zoning) District
of the property, which is Suburban Commercial (SC), per Monroe County Land Development Code
(LDC) Section 130-93, the units must be designated as "employee housing," which is defined in
Section 101-1 of the LDC as, an attached or detached dwelling unit that is intended to serve as
affordable, permanent housing for working households, which derive at least 70 percent of their
household income from gainful employment in the county and meet the requirements for affordable
housing as defined in this section and as per section 139-1. Deed restrictions on the units will be
required per the Monroe County LDC standards for affordable employee housing.
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.
LDC Section 139-1(g), Interlocal affordable rate of growth allocation agreements:
The BOCC 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.
Packet Pg. 2334
J.2
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 ofgovernmemal
organization that will accord best with geographic, economic, population, and other factors
influencing the needs and development of local communities.
PREVIOUS RELEVANT BOCC ACTION:
September 16, 2015- BOCC approved an Interlocal Agreement between Monroe County and the
City of Marathon transferring 41 Low and 5 Very Low Affordable Housing ROGO Allocations from
Monroe County to the City of Marathon. This ILA was rescinded and the 46 affordable ROGO
allocations were returned to the County.
September 16, 2015- BOCC approved an Interlocal Agreement between Monroe County and the
City of Marathon transferring 32 Low and 4 Very Low Affordable Housing ROGO Allocations from
Monroe County to the City of Marathon. This ILA was rescinded and the 36 affordable ROGO
allocations were returned to the County.
December 14, 2016 - BOCC approved an Interlocal Agreement between Monroe County and City of
Marathon transferring 52 low income and 3 very low income (55 total) Affordable Housing ROGO
Allocations from Monroe County to the City of Marathon. Since the approval of the ILA by the
BOCC, the City of Marathon adopted Resolution 2017-54 on July 11, 2017, rescinding this ILA
between the County and the City of Marathon transferring affordable housing allocations for the
Keys Affordable development project. Subsequently, the City also adopted Resolution 2017-55 on
July 11, 2017, approving an Interlocal Agreement between the County and the City of Marathon
transferring affordable housing allocations for an affordable housing project on the same property
and with the same request of ROGO allocations. On August 16, 2017, the BOCC approved the ILA
between Monroe County and City of Marathon transferring 52 low income and 3 very low income
(55 total) Affordable Housing ROGO Allocations from Monroe County to the City of Marathon
The Interlocal Agreement approved the transfer of Affordable Housing ROGO Allocations to the
City of Marathon, contingent on the project receiving a certificate of occupancy for the
affordable units related to such allocations prior to December 31, 2019. In the event the subject
project fails to complete the construction as evidenced by issuance of a certificate of occupancy
for all SS units by the City of Marathon, the ROGO allocations shall revert to Monroe County.
December 14, 2016 - BOCC approved an Interlocal Agreement between Monroe County and City of
Marathon transferring 8 very low income, 8 low income, 33 median income and 4 moderate income
(53 total) Affordable Housing ROGO Allocations from Monroe County to the City of Marathon.
The Interlocal Agreement approved the transfer of Affordable Housing ROGO Allocations to the
City of Marathon, contingent upon the filing of a 99 year affordable housing deed restriction on
all 53 of the units utilization of the affordable housing ROGO allocations in the income
categories specified within the ILA and Section 104.3 of the City of Marathon Code. In the event
the terms and conditions described in the ILA are not met by December 31, 2019, then all 53
ROGO allocations shall revert to Monroe County.
Packet Pg. 2335
J.2
July 18, 2018 — BOCC approved an Interlocal Agreement between Monroe County and the City of
Marathon transferring 18 Affordable Housing ROGO Allocations from the County to the City for
use at the St. Columba property on the condition that the 18 market rate allocations harvested from
the site would be used by the developer in the unincorporated areas of Monroe County. This
condition was inserted to address concerns that the transfer of allocations from the County to the
City increased the County's exposure to property rights lawsuits by moving allocations from the
unincorporated areas to the City despite the underlying apportionment formula developed based
upon the percentages of vacant land in each community. The BOCC approved minor changes to this
agreement on July 31, 2018 and August 15, 2018.
July 18, 2018 — BOCC deferred action on a request for 11 allocations for the IMBY project in
Marathon and directed the County Attorney to negotiate with the City regarding an offset for the
County's increased exposure for property rights suits caused by the transfer. The City ended up
using its own allocations for the project.
On August 21, 2019, the BOCC approved Ordinance 030-2019, creating Policy 107.1.8 Sugarloaf
School Workforce Housing Area that provides additional development restrictions on the subject
parcel, including a limitation that the only permitted use on the Property would be affordable
housing and accessory uses, for a maximum of 20 affordable housing dwelling units, to accompany a
proposed Future Land Use Map (FLUM) amendment from Education (E) to Mixed Use /
Commercial (MC).
On August 21, 2019, the BOCC approved Ordinance 031-2019, amending the Future Land Use Map
(FLUM) designation of a portion of the property from Education (E) to Mixed Use / Commercial
(MC).
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
2019-038 Ord. 030-2019
2018-139 Ord. 031-2019
Marathon Reso 2020-52
Marathon IL,A_signed by Marathon
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Packet Pg. 2336
J.2
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required: n/a
Additional Details:
N/A
REVIEWED BY:
Emily Schemper Completed 07/29/2020 2:53 PM
Steve Williams Completed 07/30/2020 2:39 PM
Maureen Proffitt Completed 08/27/2020 12:57 PM
Assistant County Administrator Christine Hurley Completed
08/28/2020 12:53 PM
Purchasing Completed 08/28/2020 12:54 PM
Budget and Finance Completed 08/28/2020 6:01 PM
Maria Slavik Completed 08/28/2020 9:15 PM
Kathy Peters Completed 08/31/2020 10:03 AM
Board of County Commissioners Pending 09/16/2020 9:00 AM
Packet Pg. 2337
G GVS COUR BOOy J.2.a.
Kevin Madok, CPA
Clerk of the Circuit Court& Comptroller— Monroe Count Florida
o p Y,
E cOVN
August 29, 2019
c
M
Department of State
Administrative Code & Register
500 S Bronough Street
m
Tallahassee FL 32399-0250
To Whom It May Concern, c
Attached is an electronic copy of Ordinance No. 030-2019 amending the Monroe County
Comprehensive Plan as a Small-Scale Comprehensive Plan amendment pursuant to Section 163.3187,
Florida Statutes, creating Policy 107.1.8 Sugarloaf School Workforce housing Subarea; establishing the
boundary of the Sugarloaf School Workforce housing Subarea; limiting the permitted uses of the subarea
to deed restricted affordable housing dwelling units; limiting maximum net density for affordable housing
in the subarea; and eliminating allocated density and floor area ratio for a 2.81-acre portion of property
located at 255 Crane Boulevard on Sugarloaf Key as proposed by the School Board of Monroe County;
providing for severability;providing for repeal of conflicting provisions;providing for transmittal to the
State Land Planning Agency and the Secretary of State;providing for inclusion in the Monroe County -�
Comprehensive Plan;providing for an effective date.
0
This Ordinance was adopted by the Monroe County Board of County Commissioners at a regular 0
c
meeting, held in formal session, on August 21, 2019. Should you have any questions,please feel free to
contact me at(305) 292-3550. v?
r_
Respectfully Submitted,
Kevin Madok, CPA, Clerk of
the Circuit Court& Comptroller&
ex-officio to the Monroe County
Board of County Commissioners
by:Pamela G. Hancock, D.C.
w
cv
co
r9
r9
cc: Planning & Environmental
County Attorney
BOCC
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plan
305-294-4641 305-289-6027 305-852-7145 305- Packet Pg. 2338
J.2.a
1
2 - `
3
4
5 MONROE COUNTY,FLORIDA
6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
7 ORDINANCE:NO. 030 -2610
8
9 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
10 COMMISSIONERS AMENDING THE MONROE COUNTY
0
11 COMPREHENSIVE. PLAN AS A SMALL-SCALE COMPREHENSIVE
12. PLAN AMENDMENT PURSUANT TO SECTION 163.M87; FLORIDA
13 STATUTES, CREATING POLICY 107.1.8 SUGARLOAF SCHOOL
14 WORKFORCE HOUSING SUBAREA; ESTABLISHING THE BOUNDARY
15- OF THE SUGARLOAF SCHOOL WORKFORCE HOUSING SUBAREA;
16 LIMITING THE, PERMITTED USES OF THE SUBAREA TO DEED
. 17 RESTRICTED AFFORDABLE HOUSING DWELLING UNITS;LIMITING
18 MAXIMUM NET DENSITY FOR AFFORDABLE HOUSING IN THE
19 SUBAREA; AND ELIMINATING ALLOCATED DENSITY AND FLOOR
20 AREA RATIO FOR A 2.8.1-ACRE PORTION.'OF PROPERTY LOCATED 'a
21 AT 255 CRANE BOULEVARD ON SUGARLOAF KEY AS PROPOSED BY
22 THE SCHOOL BOARD OF MONROE COUNTY; PROVIDING FOR ca
23 SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
24 PROVISIONS;PROVIDING FOR TRANSMITTAL TO THE STATE LAND
25 PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING
-
26 FOR INCLUSION IN THE MONROE COUNTY COMPREHENSIVE c
27 PLAN; PROVIDING FOR AN EFFECTIVE DATE. (FILE 2019-038)
28
29 =
30
31 WHEREAS, on March 1, 2019., the Planning and Environmental Resources.Department, W
32 received an application from the School Board of Monroe County, Florida (the "Applicant") to
33 amend the Monroe County Year 2030 Comprehensive Plan to create Policy 107.1.8. Sugarloaf
34 School Workforce Housing Area that would provide additional development restrictions on the
35 subject parcel, including a limitation that the only permitted use on the property would be
36 affordable housing and-,accessory uses to accompany a proposed Future Land Use Map:(FLUM)
37 amendment from Education (E) to Mixed Use / Commercial (MC) for a 2.81-acre.portion of co
CD
38 property'located at 255 Crane Boulevard on Sugarloaf Key:_
39 N
40 WHEREAS, the Monroe County Development Review Committee(DRC) considered the
41 proposed amendments at a regularly scheduled meeting held on the 23rd day of April,2019; and
.42
43 WHEREAS, on April 23, 2019, the Monroe County Development Review Committee
44 (DRC) reviewed the proposed amendment; and
45
Ordinance 030 -2010
File 2019=038 Page 1 I Packet Pg. 2339
J.2.a
1 WHEREAS, the Monroe County Planning Commission held a public hearing on the 29'h
2 day of May, 2019, for review and recommendation on the proposed Comprehensive PIan text
3 amendment; and
4
5 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P20-19 cu
6 recommending to the BOCC approval, as discussed during the Planning Commission hearing, of
7 the proposed amendment; and
8
9 WHEREAS,the proposed text amendment qualifies as a small-scale comprehensive plan
10 amendment pursuant to Section 163.3187,Florida Statutes,for which the BOCC holds one public c
11 hearing to consider the adoption of the proposed comprehensive plan amendment, and considers
12 the staff report, staff recommendation, and the testimony given at the public hearing; and
13
14 WHEREAS,at a regular meeting held on the 21"day of August,2019, the Monroe County �
15 Board of County Commissioners held a public hearing to consider adoption of the proposed text
c
16 amendment, considered the staff report and provided for public comment and public participation
17 in accordance with the requirements of state law and the procedures adopted for public
18 participation in the planning process;
19
20 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
21 COMMISSIONERS OF MONROE COUNTY,FLORIDA:
22
23 Section 1. The text of the Monroe County Comprehensive Plan is hereby amended as follows
24 (deletions are shown strisken-tkeuggh; additions are shown underlined):
25
26 Policy 107.1.8 Sugarloaf School Workforce Housing Subarea
27
28 Development in the Sugarloaf School Workforce Housing Subarea shall be subject to the W
29 provisions applicable to the Mixed Use/Commercial(MC)Future Land Use Map Designation,
30 as set forth by the Monroe County Year 2030 Comprehensive Plan, and the Suburban
31 Commercial (SC) Land Use District (Zoning) cate_gory.
32, The following additional restrictions shall apply:
33 1. Notwithstanding the maximum density set forth by Policy 101.5.25,the Maximum Net co
CD
34 Density of the Sugarloaf School Workforce Housing Area shall be 20 affordable
35 dwellingunits.
nits.
N
36 2. Nonresidential uses shall be prohibited. Accessory uses to the residential development,
37 such as recreational facilities, shall be permitted. E
38 3. The maximum floor area ratio (FAR)for all nonresidential uses within the subarea shall
39 be zero.
40 4. For consistency with Policy 101.5.26,in order to implement the Florida Keys Carrying
41 Capacity Study and maintain the overall County allocated density and the preservation
Ordinance 030-2019
File 2019-038 Page 21 Packet Pg. 2340
• J.2.a
I of native habitat, the allocated density for the Sugarloaf School Workforce Housing
2 Subarea shall be zero (0).
3 5. There shall be no maximum net density standard available for market rate dwelling
4 units or transient units.
0
5 6. All new residential units developed within the subarea shall be subject to the ROGO
6 permit allocation system.
7 7. The Boundary of the Sugarloaf School Workforce Housing Subarea shall include
8 approximately 2.81 acres of upland, and is legally described as:
9
0
10 A part of Government Lot 2,Section 36,Township 66 South, Range 27 East,Su arg loaf Cu
11 Key,Monroe County, Florida,being more particularly described as follow: N
12 y
13 COMMENCWG_at the Northeast coiner of said Section 36, thence N89°47'35"W
14 along the North line of the said Section 36 for a distance of 1550.96 feet to the Northeast
15 corner of lands described in Official Records Book 2350, at Page 420 of the Public
16 Records of Monroe County, Florida, said point bearing S89°47'35"E along the said
17. North line of Section 36 a distance of 1089.00 feet measured from the East Right of 0
18 Way line of Crane Boulevard; thence S00°11'12"W along the East boundary line of U)
19 the said lands described in Official Records Book 2350. at Page 420 of the Public
20 Records of Monroe County , Florida, for a distance of 65.66 feet to the Point of
21 Beginning of the parcel of land hereinafter described,; thence continue S00°11'12"W
22 along the previously described course for a distance of 334.34 feet to the Southeast 0
23 corner of lands described in Official Records Book 2350, at Page 420 of the Public
24 Records of Monroe County,_Florida, for a distance of 366.27 feet to a point; thence
25 N00°11'12"E for a distance of 334.34 feet to appoint; thence S89°47'35"E fora
26 distance of 366.27 feet back to the Point of Beginning. Said parcel of land contains
27 122,458.33 square feet, more or less.
-I =r=T N
IQ 00118050-000000
® c
ac
M r
N
v ¢,
Sugarloaf Key
Mile Marker 19
28
29
Ordinance 030 -2019
File 2019-038 Page 3 Packet Pg. 2341
• J.2.a
2 v,
3 Section 2. Severability._ If any section, subsection, sentence, clause, item, change, or
4 provision of this ordinance is held invalid, the remainder of this:ordinance shall not
5 be affected by such validity.
6
7 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in
8 conflict with this ordinance are hereby repealed to the extent of said conflict.
9
10 Section 4. Filing and.Effective Date. This ordinance .shall be filed in the Office of the 0
11 Secretary of the State of Florida and shall become effective as provided by law.
12
13 Section 5. Inclusion in the Corianrehensive Plan.The text amendment shall be incorporated
14 in the Monroe County Comprehensive Plan. The numbering of the foregoing
15 amendment may be renumbered to conform to the numbering in the Monroe County
16 Comprehensive Plan.
17
1$ PASSED AND ADOPTED by the Board of County Commissioners of Monroe-County,
1.9 Florida, at a regular meeting held on the 21" day of August, 2019.
20
21 Mayor Sylvia Murphy, District 5 Yes 0
22 Mayor Pro Tenn Danny L. Kolhage, District 1 Yes
23 Commissioner Michelle Coldiron, District 2 Yes
24 Commissioner Heather Carruthers, District 3 Yes
25 r o i7' Commissioner David Rice, District 4 Yes
..
26
27 W, -
28 :`)` ,
29 BOARD OF.COUNTY COMMISSIONERS
30 'may OF MONROE VUNTtjLLORIDACD I
3, BY
Mayo Sylvia Murphy
co
r
KEVIN MADOK, CLERK CD
w � � COUNTYrrorCD
30 `aT cuoHw A (14��. FQi�i CV
39 DEPUTY CLERK
ASSI$TA f JH A't YORNEY
Date q
Ordinance 030-2019
File 2019-038 Page 41 Packet Pg. 2342
a KEY 'WEST
ZEN
The Florida Keys Only Daily Newspaper, Est. 1876
PO Box 1800,Key.West FL 33041
P.(305)292-7777 ext.219 F.(305)295-8025
legais@keysnews.com N
MONROE CO PLANNING DEPT
MURRY E NELSON GOVERNMENT CENTER
102050 OVERSEAS HWY
KEY LARGO FL 33037
Account: 138694 Ticket: 305155
PUBLISHER'S AFFIDAVIT
O
STATE OF FLORIDA [legal.text]
COUNTY OF MONROE
Before the u dersig authority personally appeared v
Weswho on oath says that he or she is
10 er�Md 0(A P,e, of the Key West Citizen,a daily c
newspaper publish d in K y est, in Monroe County, Florida;that the attached
copy of advertisment, being a legal notice in the matter of was published in said
newspaper in the issues of:
O
Sunday,August 4,2019 V
0
O
Affiant further says that the Key West Citizen is a newspaper published in Key
West, in said Monroe County, Florida and that the said newspapers has hereto-
fore been continuously published in said Monroe County, Florida every day, and
has been entered as periodicals matter at the post office in Key West, in said O
Monroe County, Florida,for a period of 1 year next preceding the first publication
of the attached copy of advertisement;and affiant further says that he or she has
neither paid nor promised any person,firm or corporation any discount, rebate,
commission or refund for the purpose of securing this advertisement for publica-
tion in the said newspa e
( ' ature ofAffiant) '✓
APd nd su cribed before me this 6th day of August 2019 cv
(Notar Public Sign a e)
J �? co
(Notary blic Printed Name) (Notary Seal) ,
My commission expires N
Sue(ynn Stamper
Personally Known_2L Produced Identification_ � =COMMISSION#GG232802
Type of Identification Produced ,, ���;: EXPIRES:June 27, 2022
Bonded mru Aaron Notary
Packet Pg. 2343
MONROE COUNTY
NOTICE OF PUBLIC MEETING AND
NOTICE OF PUBLIC HEARING
NOTICE OF CHANGE TO
MONROE COUNTY Z'
COMPREHENSIVE PLAN
NOTICE OF CHANGE TO M,0NROE_
BOARD OF COUNTY COMMISSIONERS
w
NOTICE TS HEREBY GIVEN that on t the Nflonrraa County Bard of CPVruty' c8
CnrnmWsIoners rralll h otd a Publlc Meeting at the Harvey,Government Canter;1200 Truman Avenue,Kay t aut,€IL 33P40 to rerrlaw and receive public comment for the ellcwua2 Items G
PUBLIC HEARIN OS,1-30 PM(or as soon thereafter as may be rd)t
tV
AN G A GG4Y# y Af—WOMPINIMISMINEM AMENDING THE �
MONROE COUNTY COMPREHENSIVE PLAIN POLICY 101,525 TO PROVIDE A DENSITY BONUS AROV"E.
THE MAXIMUM NET DENSITY FOR AFFORDABLE DOUSING FOR A PROPERTY SUBJECT TO A SITE-!
SPECIFIC SUBAREA POLICY ESTABLISHED UNDER PROPOSED GOAL ill OF THE COMPREHENSIVE'
PLAN;ESTABLISHING GOAL 111 AND O,BJE TIVE'111'1 TO INCEN>fIVI E FFOFIPABLE HOU ING DENSny F®
BONUSES THAT EXCEED THE ESTABLISHED MAXIMUM NET DENSITY PROVIDED IN POLICY 101.5.25'AND'
CREATING POLICY 111,1e1 STOCK ISLAND WORKFORCE SUBAREA,1;ESTABLISHING THE BOUNDARY OF
TINE STOCK ISLAND WORKFORCE SUBAREA 1; LIMITING THE PERMITTED USES OF THE 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,5325 FIRST STREET AND 5125 SECOND STREET, STOCK ISLAND,AS PROPOSED BY
SMtTH/HAV'KS,PL ON BEHALF OF WRECKERS GAY APARTMENTS AT STOCK ISLAND,LLC,(PROVIDING FOR
SEVERABILIT.,PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS-PROVIDING FOR TRANSMITTAL
TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE,PROVIDING FOR INCLUS" G
IN THE MONROE COUNTY COMP14EHENSIV'E PLANT PROVIDING FOR AN EFFECTIVE DATE (Fib#2018-12
0
N IN N Tli AMENDING THE G
11,MONROE COUNTY GOM1':PREHENSIVE PLAN)AS A SMALL-SCALE COMPREHENSIVE PLAN AMENDMENT �
PURSUANT TO SECTION 163.3187,FLORIDA STATUTES,CREATING POLICY 107A.8 SUGARLOAF SCHOOL s,
WORKFORCE HOUSING SUBAREA; ESTABLISHING THE BOUNDARY OF THE SUGARLOAF SCHOOL '
WORKFORCE HOUSING SUBAREkLIMITINGTHE PERMITTED USES t FTHEGU'BAREATO DEED RESTRICTED
AFFORDABLE HOUSING DWELLING UNITS,LIMITING MAXIMUM NET.DENSITY FOR AFFORDABLE HOUSING G
IN THE SUBA'RK AND ELIMINATING ALLOCATED DENSITY AND FLOOR AREA RATIO FOR A Z81AACRE
PORTION OF PROPERTY LOCATED AT 255 CRANE BOULEVARD ON SUGARLOAF KEY AS PROPOSED IBY
THE SCHOOL'BOARD OF MONROE QOUNTY;PTTOVIMING FOR SEVERANILIITl'PROVIDING FOR REPEAL.
OF CONFLICTING PROVISIONS;PROVIDING FOR TRAINSMITTAL TO THE STATE LAND PLANNING AGENCY
AND THE SECRETARY OF STATE;PROVIDING FOR INCLUSION IN THE MONROE COUNTY CO_MPREHENRIVE
PLAN;PROVIDING FOR AN EFFECTIVE DATE, (FILE 2810-038)
RPINANR GG STY � _G AMENDING THE
MONROE COUNTY FUTURE LAND USE MAP FROM EDUCATION(E}T 1 MtI E USEf COM1MI R IAL(MGp FOR �.
PROPERTY LOCATED AT 255 CRANE BOULEVARD„SUGARLOAF KEY,MILE MARKER,19,5, AS PROPOSED �y
BY THE SCHOOL BOARD OF MONROE COUNTY,PROVIDING FOR SEV'ERAMLITY'P13OVIDING FOR REPEAL r
OF Ct NFUCTING PROVISIONS;PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY tV
AND THE SECRETARY OF STATE;PROVIDING FOR INCLUSION IN THE MONROE COUNTY C MPREHEN'SWE ' '
PLAN AND FOR AMENDMENT TO THE FUTURE LAND USE MAP; PROVIDING FOR AN EFFECTIVE DATE. py
( 018 1 9)(Sae Map belmu)
CD
CD
00
E
U
I �
StKadoal Keyyy
MWaa Naukar 20
Copies rat the above are available at the Monroe County Punning Department offices in Marathon and Kay Largo
outing normal business hours and online at. ww3qmqnrp%cownv,qj.aqu
Pursuant to Section 286.0105 Florida Statutes,if a person decides to appeal any decision of the,Board of County Packet Pg. 2344
Commiss6o,ners,wlth respect to any matter considarrd at the meating or hearing,he or she will need a record of
the proceedings,and that,for such Ptarp osa,he or stye May naafi ro insuara a verbatim record ref the p f oceederrgs
GVS COURTq c
Kevin Madok, CPA
Clerk of the Circuit Court& Comptroller— Monroe Count Florida
o p Y,
E cOVN
August 29, 2019
c
M
Department of State
Administrative Code & Register
500 S Bronough Street
m
Tallahassee FL 32399-0250
To Whom It May Concern, c
Attached is an electronic copy of Ordinance No. 031-2019 amending the Monroe County Future
Land Use Map from Education(E)to Mixed Use/Commercial(MC), for property located at 255 Crane
Boulevard, Sugarloaf Key, mile marker 19.3, as proposed by the School Board of Monroe County;
providing for severability;providing for repeal of conflicting provisions;providing for transmittal to the
State Land Planning Agency and the Secretary of State;providing for inclusion in the Monroe County
Comprehensive Plan and for amendment to the Future Land Use Map;providing for an effective date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a regular
meeting, held in formal session, on August 21, 2019. Should you have any questions,please feel free to -�
contact me at(305) 292-3550.
0
Respectfully Submitted, 0
c
Kevin Madok, CPA, Clerk of
0
the Circuit Court& Comptroller& r-
ex-officio to the Monroe County
Board of County Commissioners
by:Pamela G. Hancock, D.C.
cv
cc: Planning & Environmental
County Attorney
BOCC 0
File
co
-
CD
cv
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plan
305-294-4641 305-289-6027 305-852-7145 305- Packet Pg. 2345
J.2.b
/ i 1
4 ,�.
5
c
6 MONROE COUNTY, FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
8 ORDINANCE NO. 031 -2019
9
10 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
11 COUNTY COMMISSIONERS AMENDING THE MONROE
12 COUNTY FUTURE LAND USE MAP FROM EDUCATION (E) TO
13 MIXED USE/COMMERCIAL (MC), FOR PROPERTY LOCATED N
14 AT 255 CRANE BOULEVARD, SUGARLOAF KEY, MILE
15 MARKER 19.3, AS PROPOSED BY THE SCHOOL BOARD OF
16 MONROE COUNTY; PROVIDING FOR SEVERABILITY;
17 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
18 PROVIDING FOR TRANSMITTAL TO THE STATE LAND
19 PLANNING AGENCY AND THE SECRETARY OF STATE;
20 PROVIDING FOR INCLUSION IN THE MONROE COUNTY
21 COMPREHENSIVE PLAN AND FOR AMENDMENT TO THE
22 FUTURE LAND USE MAP; PROVIDING FOR AN EFFECTIVE
23 DATE. (File 2018-139)
24
25
26
27 WHEREAS, on July 27, 2018, the Planning and Environmental Resources Department
28 received an application from the School Board of Monroe County, Florida (the "Applicant") to
29 amend the Monroe County Future Land Use Map (FLUM) from Education (E) to Residential
30 Medium (RM)for property_ located at 255 Crane Boulevard, Sugarloaf Key; and
31 _
32 WHEREAS, on September 12, 2018, the Planning and Environmental Resources on
`n
33 Department received a revised application from the School Board of Monroe County,Florida(the
34 "Applicant") to amend the Monroe County Future Land Use Map (FLUM) from Education(E)to
3.5 Mixed Use/Commercial (MC) for property located at 255 Crane Boulevard, Sugarloaf Key; and
36
37 WHEREAS,the applicant held a community Meeting on.October 22,2018,as required by
38 the Comprehensive Plan and Land Development Code; and
39 Tco
-
CD
40 WHEREAS,the Monroe County Development Review Committee (DRC) considered the N
41 proposed amendment at a regularly scheduled meeting held on November 13, 2018; and
42
43 WHEREAS, the Monroe County Planning Commission held a public hearing and
44 provided for public comment at a regularly scheduled meeting held on February 27, 2019; and
45
Ordinance 03 L-2019
File# 2018-139 Pagel
Packet Pg. 2346
. J.2.b
I WHEREAS, the Monroe County Planning Commission considered the application, the
2 staff report, and the comments from the public in their discussion; and
3
4 WHEREAS,the Monroe County Planning Commission adopted Resolution No. P07-1918
5 recommending to the BOCG approval of the proposed amendment; and
6
7 WHEREAS, the proposed FLUM amendment qualif es as a small-scale comprehensive
8 plan amendment pursuant to Section 163.3.187, Florida Statutes, for which the BOCC holds one
9 public hearing to consider the adoption of the proposed. comprehensive plan amendment, and
10- considers the staff report, staff recommendation, and the testimony given at the public hearing;
11 and
12
13 WHEREAS,at a regular meeting held on the:2 sc day of August,2019,the Monroe County
14 Board of County.Commissioners held a public hearing to consider adoption of the proposed FLUM 2
15 amendment, considered the staff report and provided for public comment and public participation
16 in accordance with the requirements of state law and the procedures adopted for public
17 participation in the planning process;
18
19 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
20 COMMISSIONERS OF MONROE COUNTY,FLORIDA: ca
21
22 Section 1. The Future Land Use Map of the Monroe County '2030 Comprehensive Plan is "
23 amended as follows; contingent on effectiveness of the corresponding subarea
24 policy:
25
26 The property located 255 Crane Boulevard, Sugarloaf Key, approximately Mile
27 Marker 19.3, legally described as:
28
29 A part of Government Lot 2, Section 36, Township 66 South, Range 27 East,
30 Sugarloaf Key, Monroe County, Florida, being more particularly described as N
31 follow:
32
33 COMMENCING at the Northeast corner of said Section 36,thence N89°47'35"W 0
34 along the North line of the said Section 36 for a distance of 1550.96 feet to the
35 Northeast corner of lands described.in Official Records Book 2350, at Page 420 of
36 the Public Records of Monroe County, Florida, said point bearing S89947'35"E N
37 along the said North line of Section 36 a distance of 1089..00 feet measured from
38 the East Right of Way line of Crane Boulevard; thence S00°.11'1.2"W along the
39 East boundary line.of the said lands described in Official Records Book 2350, at
40 Page 420 of the Public Records of Monroe County ,Florida,for a distance of 65.66
41 feet to the Point of Beginning of the parcel of land hereinafter described;; thence.
42 continue S00011'12"W along the previously described course for a distance of
Ordinance 031 -2019
File#2018439 Page 2
Packet Pg. 2347
• J.2.b
1 334.34 feet to the 'Southeast corner of lands described in Official Records Book
2 2350, at Page 420 of the Public Records of Monroe County, Florida, for a distance
3 of 366.27 feet to a point, thence N0091'12"E for a distance of 334.34 feet to
4 appoint; thence S89°47'35"E for a distance of 366.27 feet back to the Point of
5 Beginning. Said parcel of land contains 122,458.33 square feet, more or less," is
6 changed from Education(E)to Mixed Use/Commercial(MC)as shown on Exhibit
7 1, attached hereto and incorporated herein.
8
9 Section 2. Severability. If any section, subsection, sentence, clause, item, change, or
10 provision of this ordinance is held invalid,the remainder of this ordinance shall not
0
11 be affected by such validity.
12
13 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in y
14 conflict with this ordinance are hereby repealed to the extent of said conflict.
15
16 Section 4. Filing. and Effective Date. This ordinance shall be filed in the Office of the
17 Secretary of the State of Florida and shall become effective as provided by law.
18
1.9 Section 5. Inclusion in the Comprehensive .Plan. The foregoing amendment shall be
20 incorporated in the Monroe County Comprehensive Plan and included on the Future 0
21 Land Use Map.
22
23 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
24 at a regular meeting held'on the 21 st day of August ,2019 0
25
26 o Mayor Sylvia Murphy, District 5 Yes
27 '- LL. Mayor Pro Tem Danny L. Kolhage,District 1 Yes
28 �=z, — Commissioner Michelle Coldiron,District 2 Yes
29 `r °' =' Commissioner Heather Carruthers, District 3 Yes _
f;I
30 .o N ;. Commissioner David Rice, District 4 Yes a,
31 � . c� ... CD
CD
32, BOARD OF COUNTY COMMISSIONERS
33 `' ' -- OF MONROE C T ORIDA
3
3 �I - BY
3 Mayor gylvid Aurphy
CDco
•i _ _ JG= A
38 �9Ha4 CV
39 AeI �� VIN MADOK, CLERK
40 Fes`
42 DEPUTY CLERK ASSISTANT GQtl, TY ATTORNEV
Ordinance 031 -2019
File#2018-139 Page 3
Packet Pg. 2348
• J.2.b
Exhibit 1 to Ordinance# 031 -.2019
ACOSTATRL
CANAL DR fn
HANSEN TRL
U
DATE PALM OR
PELLICO RD ,Q
00118050-000000
0
g -----------1
m
1 ,
MC y
' z
RL z
----- o
ROCKY RD ''--'-
z
RC
E
0
0
\ OVEµSF�`S HWY U
RC
c
N
r9
Do
r9
The Monroe County Future Land Use Map is amended
as indicated above.
Future Land Use change of one parcel of land in Sugarloaf Key having Real Estate Number 00118050-000000 from
Education(E).,Residential Low(RL),and Residential Conservation(RC)to N
Mixed Use/Commercial(MC),Education(E),Residential Low(RL),and Residential Conservation(RC).
Packet Pg. 2349
KEYVWEST
I lip,
The Florida Keys Only Daily Newspaper, Est. 1876
PO Box 1800,Key.West FL 33041
P:(305)292-7777 ext.219 F:(305)295-8025
legals@keysnews.com
MONROE CO PLANNING DEPT
MURRY E NELSON GOVERNMENT CENTER
102050 OVERSEAS HWY
KEY LARGO FL 33037
Account: 138694 Ticket: 305155
PUBLISHER'S AFFIDAVIT
0
STATE OF FLORIDA [legal.text]
COUNTY OF MONROE N
Before the ylersin authority personally appeared y
� U who on oath says that he or she is
an erMtmp.e, of the Key West Citizen, a daily
newspaper publishEld in K y est, in Monroe County, Florida;that the attached
copy of advertisment, being a legal notice in the matter of was published in said
newspaper in the issues of:
Sunday,August 4,2019
100
Affiant further says that the Key West Citizen is a newspaper published in Key
West, in said Monroe County, Florida and that the said newspapers has hereto-
fore been continuously published in said Monroe County, Florida every day,and
has been entered as periodicals matter at the post office in Key West, in said
Monroe County, Florida,for a period of 1 year next preceding the first publication
of the attached copy of advertisement; and affiant further says that he or she has
neither paid nor promised any person,firm or corporation any discount, rebate,
commission or refund for the purpose of securing this advertisement for publica-
tion in the said newspa e
( ' ature ofAffiant)
A rm d nd su cribed before me this 6th day of August 2019
(Nota Public Signa e)
(Notary Dfblic Printed Name) (Notary Seal)
My commission expires
N
,M'� �. Suelynn Stamper
Personally Known X Produced Identification ''
=COMMISSION 'GG232802 E
' ��
Type of Identification Produced ��� � EXPIRES: ,tune 27, 2022 Bonded 1hrU Aaron Notary
��rnnma�
Packet Pg. 2350
J.2.b
in
k'
BOARD OF COUNTY COMMISSIONERS
NOTICE OF PUBLIC MEETING AND
NOTICE OF PUBLIC HEARING
NOTICE OF CHANGE TO
MONROlE COUNTY
COMPREHENSIVE PLAN .0
O
s n MONROE COUNTY
NOTICE I&HIEFIRBY GIVEN that on 51 1.' 1 the Monroe County Board of 00o
rttyI
CorrNrrulasNonars WW[It hold a FrsbIlc IWVtNrug at the Harvey Govaernont Center,1200 Truman Avenue,,Key` :'
FIL 33040to review and receive pub comment for the followingitems! �
O
PIL SLIC HEARINGS;t=PIM(or as soon tbereatter as may be'board): cB
AN QIRDINANCE BY THE HIIOII CO LAITY , .Al D Of COUNTY O 'NWNNIN'ISSP NERB AMENDING THE' N
MONROE COUNTY COMPREHENSIVE FLAN POLICE" 101.5.26 TO PROVIDE A DENSITY BONUS ABOVE' �
THE;MAXIMUM NET DENSITY FOR AFFORDABLE HOUSING'FOR A PROPERTY SUBJECT TO A SITE-
SPECIFIC SUBAREAS POLICY ESTABLISHED UNDER PROPOSED GOAL 111 OF THE COMPREHENSIVE'
PLANT,ESTABLISHING GOAL 1i1 AND OBJECTIVE 111.1 TO INNCENTIVIZEAFFORDABLE HOUSING DENSITY'
BONUSES THAT EXCEED THE ESTABLISHED MAXIMUM NET DENSITY PROVIDED IN'POLICY 1101,5.2E AND F®
CREATING POLICY 111.1.1 STOCK ISLAND"WORKFORCE SUBAREA 1,ESTABLISHING TIME BOUNDARY OF!
THE STOCK ISLAND WORKFORCE SUBAREA f�LIMITING TIME PERMITTED USES OF THE SUBAREA TO
DEED RESTRICTED AFFORDABLE HOUSING DWELLING UNITS„ ESTABLISHING MAXIMUM NET DENSITY O
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 tm
LAUREL AVENN IE, 6325,FIRST STREET AND 6125 SECOND STREET,STOCK ISLAND;AS PROPOSED BY l5
SMITH/HAWKS,PL ON BEHALF OF WRECKERS CAY APARTMENTS AT STOCK ISLAND,,LLC;PROVIDING FOR
SEVERA.BILITY;PROVIDING FOR REPEAL OF(;ONFLtlCTING PROVISIONS-PROVIDING FOR TRANSMITTAL
TO TIME STATE'',LAND PLANNING AGENCY AND THE SECRETARY OF STATE;PROVIDING FOR INCLUSION M
IN THE MONROE COUNTY COMPREHENSIVE PLAN„PROVIDING FOR AN EFFECTIVE DATE.(File 2013-1It O
ca
AMENDING THE O
MONROE COUNTY COMPREHENSIVE PLAN AS A SMALL-SCALE COMPREHENSIVE PLAN AMENDMENT O
PURSUANT TO SECTION 163.3187,FLORIDA STATUTES,CREATING POLICY 107A,B SUGARLOAF SCHOOL �
WORKFORCE'HOUSING SOLARI A; ESTABLISHING THE BOUNDARY OF THE SUGARLOAF SCHOOL
WORKFORCE HOUSING SUBAREA;LIMI`RNG THE PERMITTED U ESOFTHESLNB TED '
AFFORDAs, E HOUSING DWELLING UNITS;LIMITING MAXIMUM NET DIENISITY FOR•A'FFORDA.iBLE HOUSJNG
IN THE SUBAREA:AND ELIMINATING ALLOCATED DENSITY AND FLOOR AREA RATIO FOR A 2.81 ACRE
PORTION OF PROPERTY LOCATED AT 355 CRANE BOULEVARD ON SUGARLOAF KEY AS PROPOSED BY
THE RCHOOL BOARD OF MONROE!COUNTY, PROVIDING FOR SEW"ERABNL,ITY; PROVIDING FOR REPEAL!
OF CONFLICTING PROVISIONS„PROVIDING FOR TRANISMNTTAL TO THE,STATE LAND PLANNING AGENCY
AND THE SECRETARY OF STATE,PROVIDING FOR INCLUSION IN THE MONROE COUNTY COMPREHENSIVE
PLAN;PROVIDING FOR AN EFFECTIVE DATE. (FILE 2019 038) ¢
QHPINANGE BY THE MON O OF G IN IV9MMffi90WJ39 AMENDING THE 1
MONROE COUNTY FUTURE LAND USE MAP FROM EDUCATION(E)TO MIIIED USE/GCNM �ERCIAL MC),FOR
PROPERTY LOCATED AT255 CRANE BOULEVARD,SUGARLOAF KEY,MILE MARKER 18, , AS PROPOSED W
BY THE SCHOOL BOARD OF MONROE COUNTY„PROVIDING FOR SEVERAWLITY;PROVIDING FOR REPEAL
OF CONFLICTING PROVJSIIONS,PROVIDING,FOR TRANSMITTAL TO THE:STATE LAND PLANNING AGENCY '
AND THE SEC44ETARY OF STATE,PROVIDING FOR INCLUSION IN THE MONROE COUNTY COMPREHENSIVE N
PLAN AND FOR AMENDMENT TO THE FUTURE LAID USE MAP, PROVIDING FOR AN EFFECTIVE DATE.
(Pf118,13R)ISM Map below)
00
CD
Its s aa�"to��t>+��`4aNr r
FF' r
I
N
"stgadc-al Koy
%frig Mxarirar 20
Copies of the alcove are avalllable at Inc Monroe County Planning DaWwent offices In Marathon and Kay Largo
during normal business(hours and online at: .rnonroecounty f. oW+
Pursuant to Section 266.0105 Florida Statutes,if a person decides to app any decision of the Board ofCounly Packet P 2351
Corrprrlassdonars,'wWfith respect to any matter considered at the meeting or heating„he or she will needs record of �
the proceedings,and that,for such,purpose„he or she may read to hn,5ure a verbatim record of the proceedings
is made which record includos the testimony&evidence upon which the appear is to be based.
J.2.c
Sponsored by: Lindsey
CITY OF MARATHON, FLORIDA y
RESOLUTION 2020- 2
APPROVAL OF A CORRECTION RESULTING FROM A SCRIVENERS
ERROR FOR AN INTF..,RLQ C'AL AGREEMENT (ILA) BETWEEN THE
CITY OF MARATHON,, FLORIDA AND MOl'+IROE; COUNTY, FLORIDA
APPROVED D PI 1s VIOUSLY AS R ESOLI.ITION 2 20-03), AGR_FEII (.', ,ro
ALLOW T1IE TRANSFE OF "I' 'L.ISTY (20) AFFORDABLE HOUSING
A1,LOCryATIONS FROM PROPERTY O'tVI"w`ED BY THE MONRO
COUNTY SCHOOL BOARD (MC'SB) (RE NOS. 0010 0IM-000 & 0010 620- c
0(I00010) IN MAI , TIIC)N 1.0 PROPERTY OWNED B'3r THE MCSII
LO(_A" ,FD ON U'PPER SUGARLOAF KEY(RE NO.001180I50-000000)FOR
THE PURPOSES OF DEVELOPING WORKFORCE HOUSING AT `I"IIAT y
I....00ATIO ; PROVIDING FOR THE PROVISION F "THIS
RI soi.,u,TION AND ILA TO THE MC'SB AND MONROE C'O[Ja''tiTY,
FLORIDA; AND PROVIDUNG FOR AN EFFECTIVE DATE.
c
WHEREAS, the: Ci'itv of Marathon (the: "City-) NAIShes to enter into an Interlocal
Agreement with Monroe County (the -County") for the purposes of I'rr nsfierriru,, affordable
hOUSIng resit allocations: and
0
WHEREAS, the attached ILA provides date corrections to the ILA approved previously
its Resolution 2020-039 which transfers twenty (`0) afl'ordable allocations from the Monroe �
County School Board (RE Nos. 00104600-000 & 001 C.14620-()00000). through the. City to the
County for the development of workforce h0crsing at the St1,00arl0af Schcs0l site: (RE No. 00l 1 050-
(3C1C1C00) and
NVIIER SAS, the. Interlocal Agreement with the in the lest interest of Monroe
C:ountv and this: ('ity` of Marathon for the purposes of`pro icing for affordable housing,
NOW,THE RE ORE,BE I1 RESOLVED 1 Y I HE crrx, t. )I JNC'IL OF THE CITY
N
OF MAIIATj.ION, FLORIDA, THA F'; LO
cv
Section 1. The above recitals are true and correct and incorl:)orateel herein. i
Section 2. The corrected Interlocal Agreement (ILA) attached hereto as Exhibit `'A'", i
between City of Marathon and Monroe C°ocrnly transt' ri-ing affordable housing residential
allocations for a project in the name ofthe Monroe County School Board is hereby approved. The
Mayor is authorized to sign the 11—A can l ehalf'ofthe; C:ity,
Section -1. This resolution shall tale: eftcct irnme(iiatelV trl)On its adoption, �
Packet'Pg. 2352
J.2.c
PASSED AND APPROVED BY THE C1TY COUNCIL OF THE CITY OF
MA BATH 1N, FLORI A, THIS 11" DAY OF AUGUST, 2020,
THE CITY OF MARATHON, FLORIDA
Steve Coo 1ayor
AYES: Bartu , Gonzalez. `enmartin. Zieg. Cook
NO S: None
ABSENT: None
ABSTAIN: one
N
ATTEST.
4
m...� ... r .�......._ .... ._...__..�....._._._
0
(City Sea])
0
0
APPROVED AS TO FORM AND LEGALITY FOR THE USE
AND DELI C—F F " 1-1 CI F RA`I nON, FLORIDA ONLY- c
Dirk Sn7' s. C:`itti Attorne -
cv
LO
CD
cv
CD
cv
i
0
i
0
Packet;Pg. 2353
J.2.d
c
INTER LOCAL AGREEMENT BETWEEN THE
CITY OF MAIIATHON AND IVIONROE COUNTY
REC,ARDINC TRANSFERRING ZING AFFORDABLE
HOUSING RESIDENTIAL. DWELLING UNIT
ALLOCATIONS
0
This Agreement ("Agreement. ") is made and entered into this _ day of August `244
2020,by and between the City ofMarathon,a III Unicipal corporation of the State of Florida y
whose address is 9805 Overseas flighway , Marathon .. Florida 33050 (the "City"), and
Monroe County , a political subdivision of the State of Florida, whose address is 1 100 �
Simonton Street. Key West, 1`'lorida 33040("County"),and.
c
WITNESSETH:
WHEREAS, the. City of Marathon and Monroe County recognize the value of regional
partnerships in smart €;rowwlh, and
WHEREAS, Policy 101.3.10 ofthe Year 2030 Monroe County Comprehensive Elan
allows Rate of Growth Ordinance building; permit allocations (hereinafter -affordable housing �
ROGO allocations" or "affordable RC1G0s-) fir affordable housing projects to be pooled and '
transferred between local government jurisdictions within the Florida Keys Area of Critical
Concem, if accomplished through are interlocal agreement between the sending and receiving;
local governments; and
WHEREAS, Chapter live (5) of the City Comprehensive }plan identifies goals,
objectives and policies to provide for development pursuant to intergovernmental coordination
and interlocal agreements; and =-
0
WHEREAS, the.. City of Marathon and Monroe County have previously entered into
Interlocal Agreements to transfer affordable ROGOs; and
i
WHEREAS, Monroe County and the City of Marathon recognize the potential i
economic value of such transferable affirdable ROGO allocations, and
WHEREAS, this Agreement is entered into pursuant to Florida Statutes. Section Ni
163.01, et seq., Florida Interlocal Cooperation Act of` 1969, which states:
"it is the purpose of this section to permit local governmental units to made the c
most efficient use of their powers by enabling there to cooperate with other
localities on a basis of mutual advantage and thereby to provide services and
facilities in a manner and pursuant to firms ot'governmental organization that
wvill accord best with geographic, economic, Population, and other factors
influencing the needs and development of local communities"l- and �
Packet'Pg. 2354
J.2.d
WHEREAS, the comprehensive plans of` the City of Marathon and Monroe County �
expressly identify interlocal agreements as a means of resolving issues mutually affecting, their °
respectivejurisdictions; and
WHEREAS, the School Board of Monroe County, Florida currently, holds fifty (50)
allbrdable housing ROGO allocations associated with the: property located at 320 Sombrero
Beach load, Marathon, Florida, 330501, and
0
WHEREAS, on August 21, 2019, the BOC'C approved Ordinance 030-2019, creating
Policy 107.1.8 Si garlogf. 'c°hool 14`orN lbrce flousit' g ire a that provides additional development
restrictions on the subject parcel., including a limitation that the only permitted use on the:property
would be affordable housing, and accessary uses to accompany a proposed Future l_auld Ilse Map
(FLUM) amendment from Education (l:) to Mixed Use 1 Commercial (MC;) for a 2.81 -acre.
portion of'property located at 255 Crane boulevard on Sugarloaf Key, and
c
WHEREAS, the School Board of Monroe. County, Florida, intends to develop rip to
twenty' (20) affordable dwelling units in the "Sugarrloaf Workforce t locssing Subarea), located
at the property commonly known as 255 Crane Blvd., Upper Sugarloaf Key, FL, 33042: legally
described as.
0
A --part of Government _.Eot 2 Section 36 l ownship- 66 South, Range least,
--..._— �.. v
Sugar loaf Kev, Monroe County, Florida, being more ff,irticularly described ats firllowo �
0
COMMENCING at the Northeast corner of said Section 36, thence N89'47'35"W
along the North line of the said Section 36 for a distance of1550.96 feet to the
Northeast corner of lands described in Orficial Records Book. 2350 at Page 420 of
the. Public Records of Monroe County Florida, said point bearing, S 9'47'.35"E along
the said North line of Section 36 a distance of 1089.00 feet measured from the f;a;st
l ht ofof Wad line of'C'rane Boulevard-, thence SOO'l l'12'„W along the East boundary W
line of"the said lands described in Official Records Book 2350. at Page 420 of tile
Public Records of Mcrrrroe CountN , Flor ntida, for a distance of`65.66 feet to the Poi c
sf' Beginning, of the parcel of land hereinafter described,: thence continue
`OOOI 1'12"\V along the previously described course for a distance of'334.34 feet to
the Southeast corner of lands described in Official records Boob 2350 at Page 420 �
of the Public records of Monroe County , f:lorida. for a distance ol`3C6.27 feet to a �
point; thence a' OO'l t' 12"E for a distance of` 334.34 feet to a Dint; thence
S8 °47'35"lr for a distance of'366.27 feet back to the point offleginning. Said parcel
of land contains 122,45 .33 square feet, more or less. �
0
x0093748-v.3 2
Packet;Pg. 2355
J.2.d
0
� 77Ad
0
N
nt. �
—Suga-loaf Key
[We Marker 1
CD
WHEREAS, the parties have determined that this reen'rent is in the best
interests of the public and the public health, safety, and welfare.
NOW, THEREFORE, the parties hereto agree as follows:
Section 1. TRANSFER: The parties agree to perrnit the transfer of 20 affordable housing
ROGO allocations from the. City of M. arathon to Monroe County for allocation. pursuant c
to this Agreement, and subject to the conditions contained herein, including; but not
limited to:
The School Board of Monroe County, Florida, or its assignee and successors-in-interest
for use within the Sugarloaf orktbrce Subarea (the "Subject Property"); and
The School Board of Monroe County, Florida, or its assignee and successors-in-interest,
constructing and obtaining a Certificate of Occupancy for up to twenty (20) affordable
housing, units, situated upon the subject property described herein, related to the
transferred affordable housing ROGO allocations subject of`this fnterlocal Agreement,
prior to July 31, 0 5; and i
The recording ofa g -year Affordable Housing Deed Restriction on all ofthe affordable
housing units contemplated herein, in accordance with this Agreement, and in accordance
with the applicable requirements of the Coda of`Ordinances, Monroe County, Florida and _
similar requirements of the Florida building Code
0
Section 2. ASSIGNMENT: The Pity has assigned its rights to the affordable housing
ROGO allocation contemplated herein to Monroe County, and the twenty (20) affordable
housing ROGO allocations are to be issued by, Monroe County exclusively° for
development ,vithin the Sugarloaf Workforce I fousinnnt Subarea, issued and assigned to �
Wr,93748 e
Packet Pg. 2356
J.2.d
property contained therein (Legal Description attached as Exhibit "A"). In the event the
subject project or, as applicable, the School Board of Monroe County, Florida or,. as
applicable, its assign(s) and successor(s) in interest or title. fail to complete the
construction as evidenced by issuance of a Certificate of Occupancy for all twenty (20),
units by Monroe County on or before the date referenced in Section 3, ally units which
have not received a Certificate of-Occupancy shall result in those allocations reverting to
the City of Marathon and to their former status under the Agreement and such units shall
be required to either a) obtain an allocation f rorn Monroe County, b) obtain an allocation through
an lnterlocal Agreement with another jurisdiction within the City of Key West or Vlorida Keys c
Area of Critical State Concern consistent with Monroe County Comprehensive flan Policy 101.3
10 or c) demolish any units that are unable to obtain an allocation within six (6)months of the
date referenced in `section 3. No amendment to this Agreement is necessary or required to y
trigger this automatic reverter clause.
Section 3. TERM:: Subject to and upon the touts and conditions set forth herein, this
lnterlocal Agreement shall continue in force until the following occurs:
"f'he project does not complete construction and does not obtain Certificates of
Occupancy for all twenty" (20)affordable housing units canter-nplated herein by July 31 .
2025. Al affordable, housing, units for which Certificates of Occupancy are issued prior to
July 31 .2025 shall remain Subject to this lnterlocal Agreement irrespective of'wwhether all
twenty (20 ) affordable housing units contemplated herein receive Certificates of c
Occupancy. o
Section 4. OTIllr[CA` iON: Monroe County shall immediately notify the City of_
Marathon of any assignments) and successor(s) in interest or title to or from the School
Board of Monroe County, Florida for the duration of the School Board's interest(s) in
the affordable housing I OGO allocation contemplated herein, and shall immediately
notify the; City of Marathon ofany assignment(s) and successors) in interest or title to the
affordable housing. POGO allocations contemplated herein above at least thirty (30) _
business days prior to the date of'such transfer or succession by certified U.S. Postal Service
Certified mail to the Monroe Count)! Planning & Iv.nvironr-rental Resources Senior Director. c
Monroe County shall further provide prompt written notice to the City of Marathon of the
extension, termination, or expiration of the aforesaid Conditional Use hermit for project i
contemplated herein. Monroe County shall further provide prompt written notice to the City
of Marathon of the issuance of'Cw.er`tificate.s Of Occupancy for the subgect affordable housing
units within thirty (30) business days after issuance of said Certificates.
i
0
0
Packet Pg. 2357
J.2.d
All such notices under this Section ( "Section 4.") shall be sent to the following addresses:
Monroe County County administrator
1100 Simonton Street, ley West, FL 33040, and
Monroe County planning & Environmental Resources Department
Attn: Senior Director �
Subject: City of Marathon Interlocal Agreement
2798 Overseas Highway, Suite 400, Marathon, Fl, 33050; and c
With a cop) to:
Monroe County Attorney='s Office
Attn: County- attorney
Subject: City of Marathon Interlocal agreement
P.0) lox 1026
Ivey West, FF, 33040
Failure of the City of` Marathon,. Monroe County, or the School hoard of Monroe County,
Florida, or their assign(s) or successor(s) in interest or title, to perform any act required by _
this Interlocal agreement shall neither impair nor lirnit the validity of this Agreement or limit
its enforceability in any way. )
Section -5. CONSTRUCTION AND INTERPRETATION: The construction and interpretation
ofthi.s Interlocal Agreement and Monroe County C"ode(s) provisions in arising from, related to, or
in connection with this Agreement, shall be deficrred in favor of Monroe County and such
construction and interpretation shall be entitled to great weight on trial and on appeal.
Section 6. NO WAIVER- 'Monroe County shall not be deemed to have waived any rights under
this Interlocal agreement unless such waiver has been expressly and specifically provided. =-
0
Section 7. LIMITATION OF LIABILITY: In the event ofany litigation related to, arising, from,
or in connection with this Interlocal Agreement,the parties hereto and the School Board o 'Monroe.
County,. Florida and its assignees and successors-in-interest, hereby agree to expressly waive their
right to a jury trial. i
Section 8. DUTY TO COOPERATE- When required to under this Interlocal agreement, the
City of Marathon and the: School Board of Monroe County, Florida and its assignees and Ni
successors-in-interest, shall, to ensure the implementation of the government purpose furthered by
this Agreement„ cooperate with Monroe C:`ounty's reasonable requests, regarding the conditions
and provisions contained herein. c
Section 9. G'OVERNI G LArWS/ ENUE: This Agreement shall be construed in
accordance with and governed by the laws of the State of Florida and the [lnited Staters.
Exclusive venue for any dispute:arising under.-this Agreement shall be in the Sixteenth Judicial �
00093748-0 5
Packet;Pg. 2358
J.2.d
Circuit in and for Monroe County, Florida. In the event of any litigation, the prevai I ing party
is entitled to a reasonable attorney's fee and costs. This Agreement is not subject to arbitration.
M
Section 1.0. NOi'DISCI IM1NA,rlON— 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 nondiscriiriination. These include but are not limited to c
I) Title VI ofthe Civil Rights Act of 1964 (P.I.. 13 -352) which prohibits discrimination on
the basis of`race, color, or national origin; (2) Section 504 of the: Rehabilitation Act of" 1973.
as amended 3) U.S.C. s, 1975, as amended (42 II.`.0 . ss. 6101-6107)), which prohibits y
discrimination on the basis of age; (4) The Drug Abuse Office and Treatment Act of 1972
(P.1.. 92-255).,, as amended, relating to nondiscrimination on the basis of drug abuse, (5) The
C'ornprehensive Alcohol Abuse and Alcoholism Prevention, Treaunent and Rehabilitation Act
of 1970 (P.L 91-616), as amended„ relating; to nondiscrimination on the basis of alcohol c
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 ee(03), 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 ;"rote),
as may be amended from time to time, relating; to nondiscrimination on the basis of disability;
( ) The Civil fights Act of 1992 (Chapter 76(), Florida Statutes, and Section 509,021, Florida
Statutes), as may be amended from time to time, relating to non-discrimination; and (9) any other
nondiscrimination provisions in any federal or state statutes or local ordinances which may apply
to the parties to. or the subject matter of. this Agreement.
0
Section 11. CHIDE OF E THI[CS: 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.. =-
0
Section 12. NO SOLICITATION/PAYMENT: The parties warrant that. in respect to itself.
it has neither employed nor retained any company or person, other than a bona ride employee
working solely fir it,to solicit or secure.this Agreement and that it has not been paid or agreed i
to pay any person,company, corporation, individuals_ or firm. other than a bona fide employee i
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 of°feet from monies owed, or otherwise
recover the full amount ofsuch fee.commission, Ix rcentage,gift,or considerationi.
0
Section 13. SUBORDINATION: This Agreement is, subordinate; to the laws and regulations
ofthe United States and the State off'lorida, whether in effect on commencement ofthis Inferlocal
Agreement or adopted after that date.
m
00093748-v.'4 6,
Packet;Pg. 2359
J.2.d
Section 14. INCONSISTENCY: If any item, condition, or obligation of this Agreement is in
conflict with ether items of this Agreement, the inconsistencies shall be construed so as to give �
meaning to those terms which limited the County"s responsibility or I i a b i I i ty.
Section 15. PUBLIC ACCESS TO RECORDS: 'I"he 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 1 1 , I'lorida Statutes, and made or received by the parties in
conjunction with this Agreement.
0
Section 16.NON-RELIANCE BY THIRD-PARTIES- Other than as stated herein.,no person
or entity shall be entitled to rely upon the terms, or any of'the , of this Agreement to enforce
or attempt to enforce any third-party claim or entitlement to or benefit of any service or y
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 infi rn], counsel, or e�
otherwise indicate that any particular individual or group ofindividuals,entity or entities. have
entitlements or benefits under this Areernent separate and apart, inferior to,Or superior to the c
community in general or for the purposes contemplated inthisAgreement.
Section 17.NO PERSONAL I.I. ► 3ILITY. No covenant or agreement contained herein shall
be deemed to be a covenant or agreernent ofany member,officer,agent or employee cif"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 18. NOTICES: In addition to these communications and notice requirements set
forth in Section 4. of this. Agreement, 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 Monroe County:
Doman Gastesi, Jr., County Administrator
Monroe County I listoric Gato Building
1 100 Simonton Street
Key 'west, Florida 33040 and i
i
Planning & Environmental resources Department �
Attn: Senior Director
Subject: City of Marathon Interlocal Agreement
Ni
2798 Overseas Highway, Suite off 0, Marathon, FL 33050 and
C
0
Packet;Pg. 2360
J.2.d
With a copy to:
Monroe County Attorney's Office
Attn: County Attorney
Subject: City of Marathon Interloeal Agreement
11.0. Box 1026
Key West, 14t, 33040
If to the City: c
City Manager
9805 Overseas Ifiphway y
Marathon, Florida 33050
George Garrett, I'lanninng Director,
05 Overseas; Highway
Marathon. Florida 33050
With a copy to:
Dirk M. S mits
City Attorney
81990 Overseas I lil hway, Yu Floor
Islamorada, Ft., 33036
Any notice required by this Agreement to be given or made within a specified period of time, or c
on or before.a Mate certain, shall be deemed to have been duly given ifsent by certified rrail, return
receipt requested, postage and fee prepaid; hand delivered, or sent by overnight delivery service.
Section 15. ENTIRE A(;RE jME T(MOI)I ` `A TI /AM,E rDMEN'I': 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 went, employee... or other representative of` either party is
empowered to modify or amend the terns of this Agreenvent, unless executed wvith the sarne
f6rrnality as this document.
i
Section 16. Inconsistency, Partial Invalidity, evferability, and Survival of Provisions: Ifany i
condition or provision hereunder, or any portion thereof; is/are held to be invalid or unenforceable �
in or by any administrative hearing officer or court of competent jurisdiction, the invalidity or
unenforceability of such condition(s) or provision(s) shall neither limit nor impair the operation,
enforceability, or validity of any other condition or provision hereunder, or rernaining portions
thereof'.. All such other condition(s)or provision(s), or portions thereof, shall continue unimpaired
in full force and effect,
Section 17, Captions and Paragraph headings: Captions and paragraph headings, where used
herein, are inserted fior convenience only and are not intended to descriptively limit the scope
and/or intent ofthe particular paragraph or text to which they refer. E
Packet Pg. 2361
J.2 d
Section 18. Authority to Attest: Each party to this Interlocal Agreement represents and warrants
to the ether that the execution, delivery, and performance of this Agreement has been duly
authorized by all necessary corporate and other organizational action, as required.
Section 19. MISCELLANEOUS: Each party represents and warrants to the other that the �
execution, delivery, and performance ofthis Agreement has been duly authorized by all necessary
corporate or other organizational action, as required.
0
Section 20. 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 21. EFFECTIVE DATE: This Agreement shall tale effect on the date set forth above..
c
REMAINDER OF PACE LEFT INTENTIONALLY BLANK]
0
0
0
0
0
0
Packet Pg. 2362
J.2.d
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duty
authorized representative.
c
(SEAL) BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
ATTEST: KEVIN MADOK, CLERK.. c
cv
By: _ By:
Clerk Mayor
Date:
c
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
By: -
Assistant County Attorney
0
0
ATTEST- THE CITY OF MARATHON, FLORIDA
y. " By:
DIANE CLAVER Mayor
City Clerk Date:
i
(City Sea]) =-
0
APPROVED AS TO FORM AND LinNROE_
LEGALITY FOR THE USE AND s MLLI
RELIANCE OF ITY F
MARATHO FLORI A '° v
I eANT
By:
Dirk M. Srnits;amity Attorney Ni
0
00093748-u3 10
Packet Pg. 2363
J.2 d
c
0
cv
CD
0
ca
IT c
u
c
0
0
i
i
i
c
9
Packet Pg. 2364
J.2.d
F Of BOUNDARY 5URVEY
c
0
v
N
a �
cu
U)
0
u
c
P
cu
0
cu
cu
R r
t
r
.
a
MAP,OF 50 v . R r t8
Packet Pg. 2365