Item N13
Revised 3/99
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:02l21/01
Bulk Item: Yes 0 No 0
Division: BOCC
Department: Nora VVilliams
AGENDA ITEM WORDING: Approval of agreeme_nt with DCA to accept units for
affordable housing
ITEM BACKGROUND: The Aorida Department of Community Affairs has answered our
request for affordable housing permitted units that were not released while we operated
under the current RaGa..
PREVIOUS RELEVANT BOCC ACTION: The BOCC requested these units in order to
address the great need for affordable housing.
STAFF RECOMMENDATION:
TOTAL COST:
COST TO COUNTY:
REVENUE PRODUCING: Yes 0 No 0
BUDGETED: Yes 0 No 0
AMOUNT PER MONTH
YEAR
APPROVED BY: COUNTY ATTY 0 OMS/PURCHASING 0 RISK MANAGEMENT 0
DIVISION DIRECTOR APPROVAL:
DIVISION DIRECTOR NAME:
1{1tA- JJ~", . J
Nora Williams
DOCUMENTATION: INCLUDED: 0 TO FOllOW: 0 NOT REOVIREi ~ "
DISPOSIl10N: AGENDA ITEM II: ~ '3
County of Monroe
C,I~l\\'t11 ~1.i!!lii~1l<;!1l1hvl~Lnl\
/7<lX nVCI.\Ci1.\ 11L;/,hwiI\,
.\llIk 4 J \)
1\1.I1:l111<lI\.n"l'Idit ,U();;()
\'."." U(),;) LX~) L;;()()
lAX (:\0;;) LI)(l L;;:\(,
I\~)ald ,)) C"lll\ly \ 01\11111\,\1(11\('1\
Maynl \ .,'nl:/,(' NCII:,CI\I, I )1\ll'IcI .'
1\1;1\'''11'1'' 1('111 N<lla \\'llIlalll\, I )1\11 1.1,\
("111111 \ h;lll('\ "\<11111\'" M(,,,\,. 111\1
\ <1111111 MIIII;t\' J: NcII."I, I 11\11'll1 "
(""11111 1)\.\\<, M \1'<,h,lI I )1\111(1 I
.
--'
':'
MEMORANDUM
TO Commissioner Nora Williams
Land Use Liaison
FROM: Timothy J McGarr) ,It 'P
Director of Growth Management
DATE: February 13.2001
SUBJECT: Comments on Proposed DCA Memoranda of Understanding for 201 ROGO
Affordable Housing Allocations and Distribution of Little Venice Nutrient
Reduction Credits
As requested, the following are some staff comments and recommendations on the two subject
memoranda for consideration by the Board of County Commissioners:
Memorandum between DCA and Monroe County (201 ROGO Allocations)
· b5ue: The second to last "whereas" statement on page 1 of the preamble to the MOU
glosscs over the issue of the new hurricane update, As written. it implies that these units
are fully accounted for under hurricane evacuation, which is only true for the update
completed in 1995, It should be remembered that the new update also takes into account all
the vested units \vhich the 1995 update failed to do,
Recommendation: Although it is not a significant point, it may be advisable to rcvise the
language to reflect the new hurricane update and indicate that the proposed additional 201
units will not adversely affect hurricanc evacuation if the proposed ('ollnty interim and
longer term actions for improvements are made.
· Issue: The MOU calls for the County establishing a process for ranking and allocating
these units for affordable housing.
l<l'l'OIllIl1Cll(L:lliul1 Ih<: !iOC(' should dirL'ct stall with aSSISUIlCc' 01 till' ('oJl)mlssion 's
1,111d llsc I iaison to dL'\clop a process !\)r c\'aluatjon and rankln~ (lj pro!l'Cls 11 should
;t1.;o hI..' IlOkd that. h:lscd on discllssiolls with DCA's Mikc r"1clbnIL'1. lli'. at'-cnn would
I)a~',(' I <\1 ;
tv I.-=?
appear to have no problems with the BOCC assigning some allocations to alf()rdable
housing projects that arc ready to move f<l!"ward now even though a system f(ll' evaluation
and ranking was not yet established.
· IS0.~le: The MOU allows the 201 affordable housing allocations to be lIsed III hoth the
unincorporated and incotporated areas. I Note: although the M()( I would seem to Include
Key West, Layton, and Key Colony Beach, it probably includes only those localities under
the County's ROGO.] In the Growth Management Division's correspondence with DCA
concerning the numbers of "lost" allocations, the 20 I derived figure did not include
Marathon or Islamadora, except where it was pointed out to DCA that these localities lost
at least 6 ROGO allocations each due to Rule 28.20.] 00 promulgated by the Florida
Administration Commission. Therefore, the actual total number of lost allocations is 2 13 if
these 12 arc included.
Furthermore, the 201 "lost" ,iijocations did not include any impacts of the iJmits on the
number of annual permits issued and lack of cesspit credits on Islamorada. since these
reductions came after its incorporation. Only the ROGO allocations for Marathon prior to
its incorporation, may have been impacted, but that impact was minimal
Recommendation: The BOCC needs to make a decision on how and to what extent it
wants to provide some of these allocations to Islamadora and Marathon.
· Issue: This MOU does not specifically authorize the County to accept ROGO allocations
from Key West, which is being authorized under a separate MOU between the DCA and
City. furthermore, the proposed Key West-DCA MOU only allows these allocations to be
used on Stock Island, excluding Big Coppitt and Rockland Keys which are also residential
areas for Key West workers.
Recommendation: The MOU should be amended to authorize the County to receive these
allocations from Key West; and, the BOCC should recommend that DCA and Key West
amend their proposed MOU to expand the boundaries for use of these allocations from
Stock Island to include both Big Coppitt and Rockland Keys.
Hell7orandul/1 Between Jfonroe County. Isfo171adora, and A1arOf/1on (Nutrienf ReduCIiIli/ (redill)
· Issue: The assignment of the future nutrient reduction credits (NRC) to be realizcd from
the Little Venice facility appears more than fair, providing the County with 442 (774s'o) of
the units; however, it should be noted that all three parties will need to app!\1\C the MOt!
unless each g.overnment were to execute a separate agreement with DCA
Recommendation: None.
- -- ---~---_._-----_.- - - -------
PagL' .) Ill" ~
· Issuc: The MOl) fails to call for a tracking system in the assignment and monitoring of thc
NRCs.
'L
Recommendation: Thc MOl' should bc amcndcd to includc language requIrIng cach
locality to amcnd its Permit Coordination MOlJs to make sure a suitablc tracking and
numbcring systcm is cst~lished for use of these future NRCs.
,.
· Issue: The MOU requires the County to use at least SO perccnt of the nutricnt reduction
credits for affordable housing.
Recommendation: The BOCC nceds to provide direction to staff on how it wants to usc
thc County's nutrient reduction credits; it may be dcsirable to assign an even higher
percentage or even all the credits to affordable housing. If any p011ion of the NRCs is to be
used for non-affordable housing, the HOCC should also provide direction to staff on how
and/or what circumstances th(,L' NRCs arc to be assigned.
· Issue: Although the MOU assigns NRCs to the two municipalities, it does not specifically
authorize the use of any of the 201 RaGa allocations provided the County in its MOU with
DCA.
Recommendation: The MOU should be revised to authorize Islamadora and Marathon to
receIve RaGa allocations from the County, as authorized in the County's MOU with
DCA.
cc: Board of County Commissioners
James Roberts, County Administrator
James Hendrick, County Attorney
Page 3 01'_)
MEMORANDUM OF AGREEMENT BETWEEN DEPARTMENT
OF COMMUNITY AFFAIRS AND MONROE COUNTY
THIS AGREEMENT is entered into between Monroe County and the Department of Community
Affairs ("DCA"), an agency of the State of Florida, pursuant to Section 380.032, Florida Statutes
(F.S.), as set forth herein: '
Whereas, Monroe County is designated as the Florida Keys Area of Critical State Concern
pursuant to Chapter 380, F.S.; and
Whereas, DCA is responsible for the administration of the Area of Critical State Concern
program pursuant to Chapter 380, F.S.; and
Whereas, Section 380.0552(7) establishes the Principles for Guiding Development for the
Florida Keys Area of Critical State Concern and requires that all local government plans and
regulations be consistent with said Principles; and
Whereas, the Principles address public safety in the event of a hurricane and affordable housing
needs; and
Whereas, Monroe County has adopted a Permit Allocation System (PAS) to ensure public safety
by limiting growth based on the ability to evacuate residents and visitors within 24 hours; and
Whereas, 201 permit allocations previously available were not utilized due to the effect of Rule
28-20.100 as follows:
reduction of 39 permits in RaGa Year 8 due to insufficient progress under the Work
Program;
84 unused allocations due to unavailable cesspit credits; and
78 allocations which could not be used due to the annual limit imposed by rule; and
Whereas, the Department and Monroe County desire to reclaim the 201 unused allocations in
order to address the critical affordable housing shortage that exists in the Keys; and
Whereas, Monroe County has achieved substantial progress in subsequent years following
RaGa Year 8 to justify the reallocation of the 39 units; and
Whereas, the 201 permit allocations were previously approved under the PAS and the
reallocation of the permits will not impact evacuation beyond the levels allowed by the PAS; and
Whereas, adequate cesspit credits shall be made available for the 201 allocations; and
WI3
NOW, THEREFORE, DCA AND MONROE COUNTY AGREE AS FOLLOWS:
I. Reallocation of 201 Permit Allocations for Affordable Housing
The 20 I permit allocations previously described shall be reallocated and used exclusively for the
permitting of "affordable housing" as that term is defined by section 9.5 - 4(A-5), Monroe
County Land Development Regulations. Monroe County shall develop a process for ranking and
allocating proposed affordable housing projects, considering need and feasibility in both
unincorporated and incorporated areas. The 201 units shall be allocated consistent with the
requirements of the Permit Allocation System, except that municipal boundaries and ROGO
subarea restrictions shall not apply.
2. Long Term Strategies
Monroe County recognizes that the reallocation of the 201 permit allocations is intended as a
short term approach to address immediate affordable housing needs. Monroe County agrees to
work cooperatively with the Department through the process outlined in the Department's
Operation Seamless Affordable Housing Strategy to develop and implement long term strategies
to address affordable housing needs.
3. Entire Agreement; Amendments. This document contains the entire and exclusive
understanding and agreement of the parties and may not be modified except by an instrument in
writing signed by the parties hereto.
4. Date of Agreement. The date of this agreement is the date the last party signs this agreement.
THE PARTIES, by their duly authorized undersigned representatives have executed this
Agreement on the dates and year below written.
SIGNA TURES
MONROE COUNTY, a political subdivision
of the State of Florida
BY:
George Nugent, Mayor
Date:
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
BY:
J. Thomas Beck, Director
Division of Community Planning
MEMORANDUM OF AGREEMENT BETWEEN DEPARTMENT
OF COMMUNITY AFFAIRS, MONROE COUNTY, CITY OF MARATHON
AND ISLAMORADA, VILLAGE OF ISLANDS
TI-IIS AGREEMENT is entered into between Monroe County, City of Marathon, Village of
Islamorada and the Department ef Community Affairs ("DCA"), an agency of the State of
Florida, pursuant to Section 380.032, Florida Statutes (F.S.), as set forth herein:
Whereas, Monroe County, including the City of Marathon and Village of Islamorada, is
designated as the Florida Keys Area of Critical State Concern pursuant to Chapter 380, F.S.; and
Whereas, DCA is responsible for the administration of the Area of Critical State Concern
program pursuant to Chapter 380, F.S.; and
Whereas, the Little Venice Wastewater Treatment facility has received a construction permit for
the plant and injection wells and will eliminate 571 residential cesspits/on-site wastewater and
disposal systems (OSDS) upon completion according to estimates from the Florida Keys
Aqueduct Authority; and
Whereas, Rule 28-20.100, F.A.C., provides that one nutrient credit shall be generated for each
conversion from a cesspit/OSDS to a system that meets Best Available Technology standards;
Whereas, the Little Venice system is designed to meet Best Available Technology treatment
standards and thus will generate one nutrient reduction credit for each cesspit/OSDS eliminated;
Whereas, a memorandum of agreement is necessary to address the allocation of the nutrient
reduction credits among the three jurisdictions;
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Allocation of Nutrient Reduction Credits. The credits shall be allocated according to the
following percentages, which are consistent with the allocation of ROGO allocations among the
jurisdictions, and may be immediately utilized for approval of development:
Monroe County - 77.4% (estimated as 442 units)
City of Marathon - 11.8% (estimated as 67 units)
Village of Islamorada - 10.8% (estimated as 62 units)
2. Use of Credits for Affordable Housing. Each jurisdiction shall assign and use no less than
50% of their Nutrient Reduction Credits for affordable housing.
3. Entire Agreement; Amendments. This document contains the entire and exclusive
understanding and agreement of the parties and may not be modified except by an instrument in
tJl~
writing signed by the parties hereto,
4. Date of Agreement. The date of this agreement is the date the last party signs this agreement.
.~':
THE PARTIES, by their duly authorized undersigned representatives, have executed this
Agreement on the dates and year below written.
SIGNATURES
MONROE COUNTY, a political subdivision
of the State of Florida
BY:
George Nugent, Mayor
Date:
CITY OF MARATHON, a political subdivision of
the State of Florida
BY:
Robert K. Miller, Mayor
Date:
VILLAGE OF ISLAMORADA, a political
subdivision of the State of Florida
BY:
James V. Mooney, Mayor
Date:
STATE OF FLORIDA
DEP ARTMENT OF COMMUNITY AFFAIRS
BY:
J. Thomas Beck, Director
Division of Community Planning
Date:
MEMORANDUM OF AGREEMENT BETWEEN DEPARTMENT
OF COMMUNITY AFFAIRS AND MONROE COUNTY
THIS AGREEMENT is entered into between Monroe County and the Department of Community
Affairs ("DCA"), an agency of the State of Florida, pursuant to Section 380.032, Florida Statutes
(F,S.), as set forth herein:
Whereas, Monroe County is designated as the Florida Keys Area of Critical State Concern pursuant
to Chapter 380, F,S.; and
Whereas, DCA is responsible for the administration of the Area of Critical State Concern program
pursuant to Chapter 380, F,S.; and
Whereas, Section 380.0552(7) establishes the Principles for Guiding Development for the Florida
Keys Area of Critical State Concern and requires that all local government plans and regulations be
consistent with said Principles; and
Whereas, the Principles address public safety in the event of a hurricane and affordable housing
needs; and
Whereas, Monroe County has adopted a Permit Allocation System (PAS) to ensure public safety by
limiting growth based on the ability to evacuate residents and visitors within 24 hours; and
Whereas, 201 permit allocations previously available were not utilized due to the effect of Rule 28-
20.100 as follows:
reduction of 39 permits in RaGa Year 8 due to insufficient progress under the Work
Program;
84 unused allocations due to unavailable cesspit credits; and
78 allocations which could not be used due to the annual limit imposed by rule; and
Whereas, the Department and Monroe County desire to reclaim the 201 unused allocations in order
to address the critical affordable housing shortage that exists in the Keys; and
Whereas, Monroe County has achieved substantial progress in subsequent years following RaGa
Year 8 to justify the reallocation of the 39 units; and
Whereas, adequate ~~ggFit nutrient reduction credits shall be made available for the 201 allocations.
aRQ
NOW, THEREFORE, DCA AND MONROE COUNTY AGREE AS FOLLOWS:
1. Reallocation of 20 1 Permit Allocations for Affordable Housing
The 201 permit allocations previously described shall be reallocated and used exclusively for the
permitting of "affordable housing" as that term is defined by section 9,5 - 4(A-5), Monroe County
Land Development Regulations. Monroe County shall develop a process for ranking and allocating
proposed affordable housing projects, considering need and feasibility in both unincorporated and
incorporated areas, The 201 units shall be allocated consistent with the requirements of the Permit
Allocation System, except that municipal boundaries and ROGO subarea restrictions shall not apply.
2. Long Term Strategies,
Monroe County recognizes that the reallocation of the 201 permit allocations is intended as a short
term approach to address immediate affordable housing needs. Monroe County agrees to work
cooperatively with the Department through the process outlined in the Department's Operation
Seamless Affordable Housing Strategy to develop and implement long term strategies to address
affordable housing needs.
3. Entire Agreement; Amendments. This document contains the entire and exclusive understanding
and agreement of the parties and may not be modified except by an instrument in writing signed by
the parties hereto.
4. Date of Agreement. The date of this agreement is the date the last party signs this agreement.
THE PARTIES, by their duly authorized undersigned representatives have executed this Agreement
on the dates and year below written.
SIGNATURES
MONROE COUNTY, a political subdivision
of the State of Florida
BY:
George Nu~gent, Mayor
Date:
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
BY:
J. Thomas Beck, Director
Division of Community Planning
MEMORANDUM OF AGREEMENT BETWEEN DEPARTMENT
OF COMMUNITY AFFAIRS AND MONROE COUNTY
THIS AGREEMENT is entered into between Monroe County and the Department of Community
Affairs ("DCA"), an agency of the State of Florida, pursuant to Section 380.032, Florida Statutes
(F.S.), as set forth herein:
Whereas, Monroe County is designated as the Florida Keys Area of Critical State Concern pursuant
to Chapter 380, F.S.; and
Whereas, DCA is responsible for the administration of the Area of Critical State Concern program
pursuant to Chapter 380, F.S,; and
Whereas, Section 380.0552(7) establishes the Principles for Guiding Development for the Florida
Keys Area of Critical State Concern and requires that all local government plans and regulations be
consistent with said Principles; and
Whereas, the Principles address public safety in the event of a hurricane and affordable housing
needs; and
Whereas, Monroe County has adopted a Permit Allocation System (PAS) to ensure public safety by
limiting growth based on the ability to evacuate residents and visitors within 24 hours; and
Whereas, 201 permit allocations previously available were not utilized due to the effect of Rule 28-
20.100 as follows:
reduction of 39 permits in RaGa Year 8 due to insufficient progress under the Work
Program;
84 unused allocations due to unavailable cesspit credits; and
78 allocations which could not be used due to the annual limit imposed by rule; and
Whereas, the Department and Monroe County desire to reclaim the 201 unused allocations in order
to address the critical affordable housing shortage that exists in the Keys; and
Whereas, Monroe County has achieved substantial progress in subsequent years following RaGa
Year 8 to justify the reallocation of the 39 units; and ~
Whereas, the 201 permit allocations were previously approved under the PAS d the reallocation
of the permits will not impact evacuation beyond the levels allowed by the P A with the interim and
Ion er term im rovements ro osed b the Coun to meet the 24 hour clear e time based on the
recently updated Florida Keys Hurricane Evacuation Study; and
Whereas, adequate Ci8Eflit nutrient reduction credits shall be made available for the 201 allocations.
aRQ
NOW, THEREFORE, DCA AND MONROE COUNTY AGREE AS FOLLOWS:
1. Reallocation of 20 1 Permit Allocations for Affordable Housing
The 201 permit allocations previously described shall be reallocated and used exclusively for the
permitting of "affordable housing" as that term is defined by section 9,5 - 4(A-5), Monroe County
Land Development Regulations. Monroe County shall develop a process for ranking and allocating
proposed affordable housing projects, considering need and feasibility in both unincorporated and
incorporated areas. The 201 units shall be allocated consistent with the requirements of the Permit
Allocation System, except that municipal boundaries and RaGa subarea restrictions shall not apply.
2. Long Term Strategies,
Monroe County recognizes that the reallocation of the 201 permit allocations is intended as a short
term approach to address immediate affordable housing needs. Monroe County agrees to work
cooperatively with the Department through the process outlined in the Department's Operation
Seamless Affordable Housing Strategy to develop and implement long term strategies to address
affordable housing needs.
3, Entire Agreement; Amendments. This document contains the entire and exclusive understanding
and agreement of the parties and may not be modified except by an instrument in writing signed by
the parties hereto.
4. Date of Agreement. The date of this agreement is the date the last party signs this agreement.
THE PARTIES, by their duly authorized undersigned representatives have executed this Agreement
on the dates and year below written.
SIGNATURES
MONROE COUNTY, a political subdivision
of the State of Florida
BY:
George Nu~gent, Mayor
Date:
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
BY:
J. Thomas Beck, Director
Division of Community Planning