Item H3BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 18, 2000
Bulk Item: Yes No X
Division: Growth Management
Department: N/A
AGENDA ITEM WORDING: Consideration of a Tri-Party Agreement between City of Marathon (the
"City"), the State Department of Community Affairs (DCA) and Monroe County, Florida (the "County")
concerning Rate of Growth (ROGO) allocations.
ITEM BACKGROUND: Marathon became a city on November 30, 1999. By its charter Monroe County has
no authority for planning functions. Monroe County's Comprehensive Plan does not allow for subdistricting
ROGO allocations for the City of Marathon. The City is requesting a Tri-Party Agreement with the State and
County to allow them to function as an independent jurisdiction with an allocation being derived from Monroe
County's (ROGO) allocations for the Middle Keys.
PREVIOUS RELEVANT BOARD ACTION: None.
STAFF RECOMMENDATION: Approval.
TOTAL COST: N/A
COST TO COUNTY: N/A
BUDGETED: Yes No X
APPROVED BY: County Attorney X OMB/Purchasing
DIVISION DIRECTOR APPROVAL: ��
Timothy J.
DOCUMENTATION: Included X To follow
N/ARisk Management N/A
of Growth Management
Not required
DISPOSITION: I-- H
Agenda Item #: 3
TRI-PARTY AGREEMENT BETWEEN
THE CITY OF MARATHON, FLORIDA,
STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
AND MONROE COUNTY, FLORIDA
This Tri-Party Agreement ("Agreement") is being entered into by and between the City
of Marathon, Florida ("City"), the State of Florida Department of Community Affairs
("Department") and Monroe County, Florida ("County") to allocate the available residential
rate of growth ordinance ("ROGO") units between the City and the County as required by the
provisions of Chapter 380, Florida Statutes, and the City and County's Comprehensive Plans
and Land Development Regulations.
WITNESSETH
WHEREAS, the City and County have been declared an Area of Critical State Concern
pursuant to Sections 380.05 and 380.0552, Florida Statutes; and
WHEREAS, the County has adopted a Comprehensive Plan and Land Development
Regulations, approved by the State as required by law; and
WHEREAS, pursuant to Chapter 99-427, Laws of Florida, the Comprehensive Plan
and Land Development Regulations of Monroe County, as they existed on November 30,
2000, are the transitional Comprehensive Plan and Land Development Regulations of the City;
and
WHEREAS, the County is authorized under its Comprehensive Plan and Land
Development Regulations to issue up to one -hundred eighty-two (182) new residential ROGO
permits per year; and
WHEREAS, a certain number of the new residential ROGO allocation awards allocated
annually by the County represent a prorata number of new residential development within the
boundaries of the City; and
WHEREAS, the City, Department, and County agree that twenty-four (24) new
residential ROGO allocation awards per year through July 2002 represents a good faith
estimate of the City's prorated number of permits it can issue per year for new residential
development within the boundaries of the City; and
WHEREAS, the City, Department, and County agree that the number of residential
ROGO allocation awards that should be distributed between the County and the various cities,
including the City, remains to be determined, as recognized by Policy 101.2.5 of the County
Comprehensive Plan, and that the twenty-four (24) residential ROGO allocation awards (on an
annual basis) distributed to the City by this Agreement is an interim measure; and
WHEREAS, the City and County are required to issue development orders only in
conformity with their approved Comprehensive Plans and Land Development Regulations; and
WHEREAS, the Department is the state land planning agency with the power and duty
to exercise general supervision of Part I of Chapter 380, and Part II of Chapter 163, Florida
Statutes, and to enter into agreements pursuant to Section 380.032(3), Florida Statutes, to
effectuate the provisions and purposes of the acts and any rules promulgated thereunder; and
WHEREAS, the Department is authorized by section 380.07, Florida Statutes, to
appeal any City or County development order to the Florida Land and Water Adjudicatory
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Commission if the development order does not comply with the Comprehensive Plan and Land
Development Regulations of the City or County, or the Principles for Guiding Development.
NOW, THEREFORE, the City, County and Department do mutually agree as follows:
1. Allocations. Twenty-four (24) residential ROGO allocation awards per year
shall be allocated to the City during the term of the Agreement for distribution in accordance
with the permit allocation system in the City Comprehensive Plan and Land Development
Regulations. These allocations come from the existing allocations of the Middle Keys sub-
area. Nineteen (19) of the yearly allocated residential ROGO allocation awards are for market
rate, and five (5) are for affordable housing. The County agrees with and has no objection
with this allocation. Furthermore, the County specifically acknowledges and recognizes that
based upon this Agreement, the total number of new residential ROGO allocation awards
allocated per year from the County's Middle Keys sub -area (26 market rate and 7 affordable)
will decrease by twenty-four (24) (19 market rate and 5 affordable) during the term of this
Agreement.
2. Authority to Issue. The City is authorized to make twenty-four (24) residential
ROGO allocation awards per year during the term of this Agreement, commencing with the
July - October 1999 through November - January 2000 allocation quarters for ROGO year
eight (8), and every quarter thereafter in accordance with the permit allocation system in the
City Comprehensive Plan and Land Development Regulations. The Department specifically
acknowledges and recognizes that the City held its first Planning Commission meeting March
2, 2000, for the purpose of making available residential ROGO allocation awards for the first
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two quarters of ROGO year eight (8). As a result, the number of allocations available for
award by the City in the remainder of ROGO year eight (8) is nine (9) market rate and two (2)
affordable housing. The City will be the local government agency, which approves and
accepts any lot dedications or deed restrictions associated with the City's ROGO allocation
process.
3. Department of Health MOU. The City specifically acknowledges and
recognizes that a ROGO allocation award does not authorize construction, and that subsequent
to receipt of a finalized ROGO allocation award, the applicant must receive a building permit
before construction (said building permit must be approved by the DCA pursuant to Chapter
9J-1, F.A.C) may occur. The City also acknowledges and recognizes that a ROGO allocation
award cannot be made or building permit cannot be issued without a nutrient credit as required
by Policy 101.2.13 of the City Comprehensive Plan, and that all building permits must
otherwise comply with the City Comprehensive Plan and Land Development Regulations.
The City acknowledges and recognizes that the residential ROGO allocation awards
distributed by this Agreement cannot be awarded until the City enters into a Memorandum of
Understanding with the State Department of Health, the State Department of Environmental
Protection, and DCA, which satisfies the requirements of Policy 101.2.13 of the City
Comprehensive Plan (as described in Task E of Year One of the Work Program).
4. Comprehensive Plan Amendments. The City, Department and County
acknowledge and recognize this Agreement is temporary in nature, and the City must adopt its
own Comprehensive Plan; and the County must amend its Comprehensive Plan to formalize
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the actions authorized herein. The City shall ensure the actions required herein are completed
no later December 31, 2003. The County shall ensure the actions required herein are
completed as soon as practical. All of the foregoing shall be completed in accordance with the
provisions of Chapter 163, and Chapter 380, Florida Statutes.
5. Termination of Agreement. This Agreement shall terminate on the earliest date
of: 1) December 31, 2003; or 2) the date the City's new Comprehensive Plan and the
amendment to the County's Comprehensive Plan, as set forth above, become effective pursuant
to sections 163.3189(2), 380.05(6) & (10), and 380.0552(9), Florida Statutes.
6. Notices. All notices must be in writing and addressed as follows (or to any
other address which either party may designate by notice):
If to City: Robert Miller
Mayor
City of Marathon
Post Office Box 500430
Marathon, Florida 33050
With a copy to: John R. Herin, Jr., Esq./Nina L. Boniske, Esq.
City Attorney
Weiss Serota Helfman Pastoriza & Guedes, P.A.
2665 South Bayshore Drive, Suite 420
Miami, Florida 33133
If to Department: Growth Management Administrator
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
With a copy to: DCA Keys Field Office
Marathon Regional Service Office
2796 Overseas Highway, Suite 212
Marathon, Florida 33050
6'
If to County: Mayor
Monroe County Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
With a copy to: Director of Growth Management
2798 Overseas Highway
Suite 400
Marathon, Florida 33050
Any notice shall be deemed to have been duly given if sent by certified mail, return receipt
requested, postage and fees prepaid; hand delivered; or sent by overnight delivery service.
7. Miscellaneous.
a. If any term or provision of this Agreement shall be invalid or
unenforceable to any extent, the remaining terms and provisions shall not be affected thereby;
and each remaining term and provision shall be valid and shall be enforceable to the fullest
extent permitted by law unless the enforcement of the remaining terms and provisions would
prevent the accomplishment of the original intent of the agreement between the parties.
b. Each party represents and warrants to the other that the execution,
delivery and performance of this Agreement has been duly authorized by all necessary
corporate or other organizational action, as required.
8. Effective Date. This Agreement shall become effective upon execution by all of
the parties.
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IN WITNESS WHEREOF, the parties have executed this Agreement.
ATTEST:
Acting City Clerk
Approved as to form and sufficiency:
City Attorney
ATTEST:
Clerk/Deputy Clerk
Approved as to form and sufficiency:
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CITY OF MARATHON
Robert Miller, Mayor
Date:
BOARD OF COUNTY
COMMISSIONERS OF MONROE
COUNTY, FLORIDA
Shirley Freeman
Date:
STATE OF FLORIDA DEPARTMENT
OF COMMUNITY AFFAIRS
Steven M. Seibert, Secretary
Date:
Approved as to form and sufficiency:
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