Item K01
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 16, 2004
Division: Growth Management
Bulk Item: Yes X
No
Department: N/A
AGENDA ITEM WORDING: Approval of an Interlocal Agreement between Monroe County and the
City of Key West to transfer 18 affordable ROGO allocations from Key West to the Maloney Avenue
Affordable Housing Project in unincorporated Stock Island.
ITEM BACKGROUND: Mr. Ed Swift, who will be shortly submitting an application for conditional
use approval of an 18-unit affordable housing project at 5942 Maloney Avenue, Stock Island, is
requesting that the City of Key West and Monroe County enter into an interlocal agreement to transfer
18 ROGO allocations from the City to his approved affordable housing project. These 18 ROGO
allocations are vested per a 2001 Settlement Agreement between the City of Key West, the Department
of Community Affairs, and the Dionysus Group. Authorization for such intergovernmental ROGO
transfers is provided in Section 9.5-266(h), Monroe County Code.
These allocations will be subject to the County's nutrient reduction credit requirements.
PREVIOUS RELEVANT BOCC ACTION: Previously approved interlocal agreements with the
City of Marathon transferring 138 ROGO affordable housing allocations from the County to the City.
~
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST:
N/A
BUDGETED: Yes
No
COST TO COUNTY: N/A
SOURCE OF FUNDS: N/ A
REVENUE PRODUCING: Yes N/A No
AMOUNT PER MONTH Year
DOCUMENTATION:
Included
To Follow
APPROVED BY: County Arty ~
DIVISION DIRECTOR APPROVAL:
x
AGENDAITEM~
DISPOSITION:
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VIA HAND DELIVERY
Mr. Ty Syniroski, Planning birector
City of Key West
604 Simonton Street
Key West, ,Flori~a 33040
T~.~.~
. . , " Comprehensive Planning
ResortfTourism Planning
Land Use Regulation
Dilvelopment Feasibility
Site Design
Expert Witness
Mailing address: P. O. Box 970
jc; ij I' fi f,K,:y~est, FL 33041-0372
H '-Offlce'location: 600 White St.
Key West, FL 33040
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MAY l 4 2004 ,,'.Phone: 305/294~1515
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VIA FEDERAL EXPRESS
Mr. Timothy J. Mc{3arry, Director of Growth Management
Monroe County .
2798 Overseas High\:Vay
Marathon,.Florida 33050
Subject:
, .
rnterlocal Agreement - Affordable Housing Project Stock Island
Dear Ty and Tim:. ~
. .
"
, ~, ,
It is with pride that I submit this request to the City and County for the approval of an
Interlocal Agreement in order ,to transfer 18 eighteen privately. held Rate of Growth
Ordinance (ROGO) exemptions from the City to the 'County for the' purpose of
building affordable housing on Stbck Island. These ROGOexemptions are vested per
a 2001 Settlement Agreement (Key West City Gommission Resolution 01-150)
betwe~n the City of Key West, the Department of Community Affairs, and the
Dior)ysusGroup. Since these ROGO exemptions are privately held, they will not
reduce the affordable housing allocationscLJrrently in the City's pool. .
At present, my, client" Mr. Ed Swift, is proposing a deve.lopment of. 18 attached
. median and moderate income housing units on the sout~ end of MaloneyAvenue on
Stock Island. Because the County cannot guarantee the issuance of affordable
housing ROGO exemptions, this idea of anlnterlocal Agreement wasdeveloped'with
City and Coun.ty. staffs. The staffs realize that any affordable housing d~veloped on
Stock Island win aid both communiti~s in their plans to house the many workers in the
area.
-'."
. Please review the attached ,proposed Interlocal Agreement. 'Due to time constraints
associatep with the ROGO allocations, we respectfully request that this agreement be
'placed on the June 2004 City Commission and County Commission agendas for .
Key West. Breckenridge
Page 2 of 2
consideration by the City Commission and Board of County Commissioners,
respectively.
Very truly yours,
/JL{!/~
Donald L. Craig, AICP
DLC/jr
Enclosures: Proposed Interlocal Agreement
cc: Julio Avael, City Manager (via Hand Delivery)
Richard Collins, County Attorney (via Hand Delivery)
Marlene Conaway, County Planning Director (via Federal Express)
James Roberts, County Administrator (via Hand Delivery)
Edwin O. Swift, III (via Hand Delivery)
Robert Tischenkel, City Attorney (via Hand Delivery)
Key West. Breckenridge
, Affordable ROGO Unit Transfer
AFFORDABLE ROGO UNIT TRANSFER
INTERLOCALAGREEMENT
This Agreement is made and entered into by MONROE COUNTY, a political
subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, FL
33040, ("COUNTY"), and the City of Key West, a municipal corporation of the State of
Florida, whose address is 525 Angela Street, Key West, Florida 33040 (the "CITY).
WHEREAS, the COUNTY, and the CITY of Key West, have a significant shortage of
affordable housing; and
WHEREAS, a significant portion of Key West's workforce, which requires
affordable housing, lives in areas of the County adjoining the City of Key West; and
WHEREAS, the City of Key West benefits from affordable housing whether located
in the City or in areas near the County; and
WHEREAS, Stock Island is served by the City of Key West Department of
Transportation bus service; and
WHEREAS, the COUNTY is currently processing a major conditional use
application for an affordable housing development proposed on Stock Island KNOWN AS
Maloney Avenue Affordable Housing Project and more particularly described in the
proposed Site Plan attached as Exhibit "A" hereto; and
WHEREAS, the COUNTY does not have sufficient available affordable housing
ROGO units to allocate to the proposed development upon approval; and
WHEREAS, Florida Statutes, Section 163.01(2) Florida Interlocal Cooperation Act
of 1969, states "It is the purpose of this section to permit local governmental 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 of governmental organization that will accord best with
geographic, economic, population, and other factors influencing the needs and
development of local communities."; and
WHEREAS, The comprehensive plans of both the CITY and COUNTY expressly
identify interlocal agreements as a means of resolving issues mutually affecting both
jurisdictions; and
WHEREAS, CITY and COUNTY have determined that this agreement is in the best
interests of the public; and
WHEREAS, the parties desire to enter into an interlocal agreement to allow the
transfer of 18 affordable Rate of Growth (ROGO) units out of the City of Key West and
into the County of Monroe for assignment to the property described in Exhibit "A".
1. TRANSFER. CITY and COUNTY agree to permit the transfer of 18 privately
held affordable transferable exemptions from the City of Key West's building permit
I Affordable ROGO Unit Transfer
allocation system to the COUNTY and to be assigned solely to the 18 unit affordable
housing development on a parcel of land described by Exhibit "A", subject to approval of
an affordable housing development project on that site.
2. TERM.
A. Subject to and upon the terms and conditions set forth herein, this
Agreement shall continue in force until August 1, 2005.
B. Renewal of this Agreement after the expiration of the term described herein
shall require the approval of both CITY and COUNTY.
3. USE AND CONDITIONS.
A. Conditional use approval for the 18 unit affordable housing development
shall be granted to the project by the COUNTY by August 1, 2005.
B. The project shall be developed under the provisions of the Monroe County
Code, including but not limited to applicable land development regulations
and affordable housing criteria.
C. The continued affordability of the development shall be pursuant to Monroe
County Code in effect at the time of site plan approval as may be amended.
4. TERMINATION. If the COUNTY'S conditional use approval is not
granted by August 1, 2005, and this Agreement is not extended, the 18 affordable
housing unit allocations shall be returned to their owner in the City of Key West, to be
used there for affordable housing only, provided building permits are obtained by August
1, 2006, unless extended by the City of Key West.
5. SUBORDINATION. This Agreement is subordinate to the laws and
regulations of the United States, the State of Florida, and the COUNTY, whether in effect
on commencement of this Agreement or adopted after that date.
6. INCONSISTENCY. If any item, condition or obligation of this Agreement is
in conflict with other items in this Agreement, the inconsistencies shall be construed so
as to give meaning to those terms which limit the County's responsibility and liability.
7. GOVERNING LAWS/VENUE. This Agreement is governed by the laws of
the State of Florida and the United States. Venue for any dispute arising under this
Agreement must be in Monroe County, Florida. In the event of any litigation, the
prevailing party is entitled to a reasonable attorney's fee and costs.
8. NOTICES. Notices in this Agreement, unless otherwise specified, must be
sent by certified mail to the following:
COUNTY:
County Administrator
1100 Simonton Street
Key West, FL 33040
CITY
City Manager
525 Angela Street
Key West, FL 33040
2
I Affordable ROGO Unit Transfer
9. FULL UNDERSTANDING. This Agreement is the parties' final mutual
understanding. It replaces any earlier agreements or understandings, whether written
or oral. This Agreement cannot be modified or replaced except by another written and
signed agreement.
10. EFFECTIVE DATE. This Agreement will take effect on
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by
its duly authorized representative.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Deputy Clerk
By:
Mayor/Chairman Murray Nelson
(SEAL)
ATTEST:
CITY OF KEY WEST
By:
Cheryl Smith, City Clerk
By:
Jimmy Weekley, Mayor
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MEMORANDUM
To:
Julio Avael, City Manager
From:
Ty Symroski, City Planner
Date:
December 1, 2003
RE:
Transfer of Privately Held Affordable ROGO credits to Stock Island
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1. ISSUE:
Project Description:
Allow 16 affordable ROGO units vested with Dionysis Group, L.c. (Resolution 01-150) to
be transferred to Stock Island for development of 16 affordable dwelling units
consistent with the Monroe County's rules and regulations.
Background:
On June 21, 2001, the City of Key West and Dionysis Group, L.c. entered into a
settlement agreement that settled a dispute as to 60 ROGO units that had been vested
for Buttonwood Court but had never been developed.
The settlement agreement allowed Dionysis to retain 30 market rate units and 20
affordable units and that these units could be transferred to other sites and sold to
other developers. The agreement also contains a deadline provision that:
"All units must have a complete application for building permit submitted
or an approved development agreement or plan prior to August 1, 2004.
Any units that do not have a complete application for building permit
submitted or are not part of an approved development agreement or plan
prior to August 1, 2004, shall revert to the City Of Key West. If the units
are not built in a timely manner according to the City's regulations and
building codes and any applicable development agreement or plan, the
units shall revert to the City of Key West. This agreement may be
extended for an additional one year period for reasonable cause. Any
extensions or modifications must be approved by the City Commission.
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The County has an existing program within its Rate of Growth Ordinance (ROGO) to
restrict units to affordable housing. The county's definition of affordable is very
consistent with the City's definition.
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Stock Island also is contiguous with Key West, and it is very likely that the residents of
the affordable housing will actually work within Key West.
Finally, the applicant has provided a copy of Pre-application Conference Letter of
Understanding dated October 10, 2003, from K. Marlene Conaway as evidence that the
units will be used on property described as Stock Island Maloney BK 46, Lots 29, 1/2 lot
32, 33, 34, and 35.
2. OPTIONS:
1. Approve the transfer as proposed. This would eliminate the
requirement to build the units by
A. Fiscal Impacts: None.
B. Neighborhood Impacts: None. The ultimate development would be
controlled by the County Land Development Regulations
C. Transportation Impacts: Building affordable housing outside of Key West
could contribute to the commuters entering the city. However, Stock
Island is served by transit.
D. Environmental Impacts: None
2. Deny the Transfer. This would leave units within Key West, if the applicant
does not use them then ultimately, they would revert to the City Of Key West.
A. Fiscal Impacts: None
B. Neighborhood Impacts: None
C. Transportation Impacts: None
D. Environmental Impacts: None
3. Approve the Transfer with Conditions.
A. The site plan approval for the 16 units shall be obtained by
August 1, 2005, but if such approval is reversed or denied the
units may be developed in the City provided a building permit is
obtained by August 1, 2006 unless extended by the City Of Key
West at it's discretion.
B. The development shall be developed under the provisions of the
Monroe County code including but not limited to development
standards and affordable housing.
C. Monroe County shall be responsible for monitoring the
affordability of such units.
D. Monroe County agrees to the transfer.
1) Fiscal Impacts: None
2) Neighborhood Impacts: None
3) Transportation Impacts: None
4) Environmental Impacts: None
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2 Recommended action:
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4 Option. Allow the transfer.
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