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Item F2 _~4/17/00 16:04 FAX 3052964331 MorganHendrlck3052964331 ~001l004 L.P.W OFFICES .3 I 7 WHITEHEAD STREET KEY WEST, FLORIDA 33040 w. CU....y H^F'lF'lI$ 11907 -196S) HILARY U. A~BURY ( I 920 . I ggg) HUGH J. MORGAN JAMES T. HENORICK KAREN K. CABANAS JI!:ODE V. RE<<:i"'I'lTE MORGAN & HENDRICK FAX TRANSMISSION TO: JIM ROBERTS MAYOR FREEMAN COMMISSIONER HARVEY COMMISSIONER NEUGENT COMMISSIONER REICH COMMlSSIQNER WILLIAMS TIM MCGARRY CLERK'S OFFICE, BELLE DESANTIS FAX #: 292-4544 292-3466 872-9195 305-852-7162 292-3577 30S-289~6306 (305) 289-2536 295-3615 FROM: KAREN CABANAS, ESQ. DATE: 4/17/00 SUBJECT: GROWTli MANAGEMENf REpORT TRANSMITTER: SDB Total number of pages including this cover sheet ~ 4 ORIGINAL DOCUMENT(S): x WILL NOT BE SENT WILL BE SENT Th~ infOMlaUon coDIoUned in thi. fllClimile m~SA8e i. attorney privileged U1d confident;.Il. inlendcd only for \he use oithc individuill or otntity named above. If the reader ofthi:s JDOSS"lle ill not \he iDI~ncled recipient, you iln holreby notiticd thai i1nY dis-1l!mination. d..1ribution or copy otlhis COlJll7lunicmon ia .1ri~1l>, prohibited. If you hive received this commu"iation in enor, pie...... ilnmcdiately notilY w. hytclcpholle Ql\d return the oriGinal men"!:.. '1\ us at the abo\ICaddr~S$ VIA the U. S. POlul Service. lfyou do not r~.ivc all pal:C~. plc:lSe cln back 118 ~OUD as po~~ible 30S-Z96.'676. nlC tollowU.g;'''lJrfax nllmb.... 305.296-4331. P.O. BO)( I I 17. KrvWE5T, f"L 33041 $ 1l;I.EP'HCNf: 305 2Qe-557~ $ FAC:;'''''~~ 305 20e-4331 ~. 1. 04117/00 16:04 .FAX 30~2964331 MorganHendrlck3052964331 ~002l004 GROWTH MANAGEMENT LITIGA TION REPORT TO: BOCC; Jim Hendrick; Tim McGarry; Jim Roberts FROM: Karen K. Cabanas, Esq DATE; April 19-20, 2000 Vacation Rentals Rathkamp (Administrative Challenge of Ordinance) - Plaintiffs' appeal for discretionary review to Florida Supreme Court was rejected; no further appeals are available; case to be closed ($92,75475 as of March 31,2000). Neumont (Class Action) - District Court will likely dismiss Plaintiff's' premature enforcement claims again based on finality ofRathkamp appeal; Monroe County's motion to dismiss has been fully briefed and is still pending. Plaintiff's have requested the opportunity to depose Mayor Freeman and Commissioner Williams. Monroe County has filed a motion for protective order to prevent the depositions from occurring. Depositions have been postponed for 30-days pending a court ruling on the motion for protective order ($10,950.75 as of March 31, 2000). Below-Flood-Elevation Violations Beattie - Declaratory action regarding whether Monroe County is barred from enforcing prohibitions against below-BFE enclosures due to statute oflimitations or other time-barring doctrines. SumrnaIy judgment on issue of statute of limitations will be heard on May 21, along with LaTorre oral argument. ($7520.00 as of March 31,2000). LaTorre - (Case being handled by Bill Friedlander, Esq.) Code enforcement appeal challenging whether Monroe County is prohibited from enforcing BFE regulations due to statute ofJimitations. Case is fully briefed and has been scheduled for oral argument on May 21,2000. McCord - Code enforcement case involving same issue as Beattie and LaTorre (whether statute of limitations applies to County BFE regulations). Being handled in conjunction with Stuan Schurr. ($1425.00 as of March 31, 2000). _..O~OO ~~5 FAX30529943_3~.. MorganHendrlck3052964331 ~ 003/004 Taki"2S Claims New Port Largo - State "physical occupation" takings claim that had been remanded back to state court when federal claims were dismissed. Case has been bifurcated to separately decide issues of liability and damages. ($8422.00 as of March 31,2000). Shadek - Takings claim for 570 acres of North Key Largo property based on the fonner Major Development Moratorium. Stipulated motion to continue has been filed by both parties Both parties seek to have the trial postponed until a permanent judge is assigned to the Upper Keys courthouse due to the complexity of the case. Monroe County anticipates requesting additional discovery and taking depositions in preparation for trial. ($86,268.25 as of March 31, 2000). SiR"S & Billboards Republic Media/Outdoor Systems - Declaratory action claim filed by billboard owners challenging applicability of Post-Hurricane Emergency Permitting Policy and the billboard valuation schedule pursuant to code regulations prohibiting repair of non-conforming billboards damaged beyond 50% of their value. Monroe County is seeking discovery requests regarding existing billboards and the work than has been done without permits. ($12,49400 as of March 31, 2000). Stoky - Plaintiffs have appealed the Planning Commission's decision affirming the denial of two building permits for reconstruction of porch and deck structures. Plaintiffs have been granted extension of time to file Initial Brief ($1650.00 as of March 31,2000). Perry's (Key Largo) - Declaratory action almost identical to complaint filed by Republic Media & Outdoor Systems challenging Post-Hurricane Emergency Permitting Policy and it's application to billboards. Temporary injunction has been automatically dissolved due to dismissal of the Republic Media appeal. Code enforcement violations may now be set for hearing. ($1205.00 as of March 31, 2000), Other Matters Taxpayers for Electrification of No Name Key - Declaratory, vested rights, and 91983 claims challenging Monroe County's policy that installing commercial electric service to No Name Key is prohibited by the 2010 comprehensive plan. Monroe County has filed a Motion to Dismiss which will be heard on May IlL, ($3677.00 as of March 31,2000), Clay (Big Pine Moratorium) - Complaint filed against Monroe County alleging various claims (takings, vested rights, etc.) based on the de facto building moratorium on Big Pine due to the traffic level of service. All county regulations have been complied with (ROGO allocations have been granted); only state concurrency and Endangered Species Act are preventing development at this time. Monroe County has filed a motion to dismiss on the grounds that any liability created by these regulations (Chapter 163 concurrency and Endangered Species Act) should be borne by the agencies charged with enforcing those regulations, Plaintiffs' Petition for Writ of Mandamus will be heard August 3. ($266250 as of March 31, 2000), 2 0~!17/00 _16:05 FAX 30~2964331 MorganHendrlck3052964331 ~ 0041004 Galleon Bay _ Plaintiff has filed Petition for Certiorari review ofBOCC's decision to deny vested rights application. Monroe County's response was filed November 15th ($1695.00 as of March 31, 2000)(does not include prior Galleon Bay matters). Ambrose _ Declaratory action claiming vested rights under' 380.05(18). Defendants Monroe County, DCA, and Islamorada will file a joint notice ofappeal ($29,954.75 as of March 31,2000). Florida Keys Medical Complex - Declaratory action case regarding Code regulations dealing with shared and off-street parking. (whether a variance is required under Plaintiff's Shared Parking Agreement with the Elk' s Lodge). Marathon lIMA has appealed Judge Taylor's Order denying their motion to intervene and abating their administrative appeal in which they had the initial variance granted by the Planning Commission reversed. Appeal has been briefed and is pending before Third District Court of Appeal. ($2750.75 as of March 31, 2000). Personal Watercraft Industry Assoc. - Complaint for Injunctive and Declaratory Relief alleging watercraft restriction zones Ordinance are unconstitutional under commerce clause and supremacy clause. Cross-Motions for Summary Judgment and Plaintiff's Motion for Partial Summary Judgment were heard on March Sd. and argued by Jim Hendrick. Awaiting ruling by the court. ($20,865,50 as of March 31, 2000). Royal Plum Condominium Association - Complaint for damages in which Plaintiffs claim they are being wrongfully double-charged by being assessed an annual solid waste fee by the County as well as additional collection fees from Marathon Garbage Service, a contractor for the Municipal Service District. Trial date has been continued Parties will conduct coun-ordered mediation. ($292500 as of March 31, 2000). Sunshine Key _ Administrative appeal to DOAH regarding highway-readiness of Recreational Vehicles. DOAR Administrative Law Judge ruled that the use of concrete blocks, wood, or other materials to stabilize RVs renders them non-highway ready for purposes of hurricane evacuation, Because they are no longer road-ready, they are outside the definition of an RV and any such vehicles shall be considered mobile homes, ($108,903.50 as of March 31, 2000 - for all Sunshine Key litigation). Tropic Leisure Recreation - New complaint filed regarding property on Upper Matecurnbe in which Plaintiffs claim they were denied building permits for new construction. Plaintiffs have filed suit against Islamorada and Monroe County. Monroe County's Motion to Dismiss was filed March 241h, ($1065.00 as of March 31,2000). 3 STATE OF flORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better pla.ce to call home8 IEB BUSH Governor STEVEN M. SElllERl Secrel~rv April 14,2000 Jimmy Weekley, Mayor City of Key West P.O. Box 1409 Key West, FL 33041-1409 Dear Mayor Weekley: 1 enjoyed our meeting on April 12, 2000. and certainly came away with a much keener appreciation of the affordable housing crisis in Key West. As an area of critical state concern. I believe the state has a special relationship with and responsibility toward Key West. That extends to working cooperatively with the City in addressing affordable housing needs. While I believe affordable housing would be an issue in Key West whether it was a Critical Area or not, certainly the restrictions on the housing supply this program bas entailed have not helped. However, as 1 indicated during our discussion, the supply of housing, including affordable housing, must be balanced with environmental and public safety concerns. The City recently purchased property within its jurisdiction. It is unlikely the units acquired by that purchase will ever be built since the entire reason for purchasing the property was to protect it from development because of its environmentally sensitive nature. The Department will not object if the City chooses to add to its housing allocation a number of units comparable to that which was associated with the property provided the units are used first for the 45 units currently pending in the City's Building Department and the remainder are used for affordable housing. In agreeing to this course of action, however, I want to underscore our understanding that, in the context of the competing needs which exist in Key West - affordable housing, public safety ~ envirornnental protection - sinlply adding more umts;tannot be the complete solution. In exchange for our acquiescence to the City adding units to its housing allocation, I would like the City's commitment to work with the Department in seeking a comprehensive, multi-prong solution to the affordable housing crisis. I am attaching a list of ideas that should be considered during this effort. Some of these concepts represent 'outside~the-box' thinking and mayor may not be practical. but could lead to other useful approaches. The Department would be happy to work directly with you, the City Commission, and your staff to explore these as well as other 2555 SHUMARD OAK BOULEVARD .T^LLAHASSEE, FLORIDA 32399.:1100 Phone: (850) 4BO-8466JSunc(lm 278.8466 FAX: (850l921.0781/Suncorn 291.0781 Int~rnet addrli!ss: http://www.dca.state.il.us CIUTICAL STAT!: CONCtkN FIELD OffiCE 179'; Ovt,uas Hlgh.....y. Suit" 212 ~~mlhoo. Ft. 31050.1127 J''':' ?qC;...::Y.tQ? COMMUNITY .IANN1NC 2555 5hUIT\ilrd C.k Bculevuo ,'~II"~...'ee. FL 323~~-Z'00 (850) '188-Z3SI> EMEkCENCY MANACEMENT lSSS Shum.:lrd Oik Boul"".rd Tal1ahas~. FL 32399-2\00 (550141309969 HOU51NC .. COMMUNITY DEV~LOPME.\jT 255" SI1l'"",rd Oilk B~1l1evard T.I""'~,"'" fL 323!1"'~'UO (8501 4ell-n5& ,111'::11'11Y Weekley, Mayor April 14, 2000 Page Two options. Perhaps your staff could develop a work plan and schedule for dealing with this issue which would assist us in responding to this urgent situation in a structured and expeditious . manner. Ifyou,l?-ave any questions, please feel free to ca SMS/mm CC: Bob Tischenkel Ty Symroski Rebecca Jetton ..:to Potential Ways to Address Affordable Housing in Key West 1. Maintain current housing stock. Do not allow further conversions. . 2. Provide incentives for conversions from transient and commercial to residential. Allow only partial buildback of nonconforming transient. Allocate balance to affordable housing. ' 3. Revisit how military units are addressed in the model update. Reevaluate other assumptions in the evacuation model upda.te to maximize potential allocations, including how SRO units are addr~ssed: 4. Obtain accurate count of units permitted within Key West year by year since 1990 and by category: vested projects, projects in pipeline when plan was adopted, new projects or conversions permitted since RaGa. Determine number of such units which have been issued Cas. This informa.tion is necessary in order to compare the total unit allocations granted and used within the City versus the County. 5. Consider whether SRO units could be permitted with some type of restriction to prevent occupancy by residents with vehicles. It is unclear how this could be enforced or how those people would be evacuated. 6. Consider whether some form of public transportation for evacuation could be guaranteed. This is problematic due to the restriction on high profile vehicles which must evacuate very early. Same problem with ferry or boat service. 7. Limit number of allowable evacuating vehicles. The model uses an assumption of 70% evacuating vehicles from residential units planning to evacuate. If only one vehicle per unit were allowed to evacuate, evacuation times would improve and additional units for affordable housing could be possible. 8. Adopt linkage ordinance to implement the City Comprehensive Plan, which requires that commercial development provide affordable housing. However, implementation would require available permit allocations generated through some of the other suggested options. 9. Require payments from commercial in lieu of actual housing construction, pool the funds and purchase transient units for conversion to affordable housing. Use Qther affordable housing funds to convert transient to residential. Earmark portion o~licensing revenues for affordable housing fund. 10. \Vork with Monroe County on redevelopment plan for Stock Island.