02/21/2001 Agreement
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3663
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
MEMORANDUM
DATE:
April 19, 2001
TO:
Timothy McGarry, Director
Growth Management Division
ATTN:
Colleen Gardner, Executive Assistant
Growth Management Division
Pamela G. Hanc ~
Deputy Clerk ~
FROM:
At the February 21, 2001, Board of County Commissioner's Meeting the Board granted
approval and authorized execution of a Memorandum of Agreement between Monroe County and
Department of Community Affairs, as amended.
Enclosed are two duplicate originals, executed on behalf of Monroe County, for your
handling. Please be sure that the fully executed "Clerk's Original" is returned to our office
as soon as possible. Should you have any questions please do not hesitate to contact this office.
Cc: County Administrator w/o document
County Attorney
Finance
File ./
County of Monroe
Growth Management Division
2798 Overseas Highway
Suite 400
Marathon, Florida 33050
Voice: (305) 289-2500
FAX: (305) 289-2854
Board of County Commissioners
Mayor George Neugent, Dist. 2
Mayor Pro Tern Nora Williams, Dist. 4
Comm. Charles "Sonny" McCoy, Dist. 3
Comm. Murray E. Nelson, Dist. 5
Comm. Dixie Spehar, Dist. I
April 25, 2001
Michael D. McDaniel
Growth Management Administrator
Florida Department of Community Affairs
2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100
RE: Memorandum of Agreement
Reallocation of 201 Permit Allocations
Dear Mr. McDaniel:
Enclosed please find two (2) duplicate originals (one marked Clerk's Original) of the Memorandum of
Agreement between the Department of Community Affairs and Monroe County concerning the reallocation
of the 201 permit allocations for affordable housing.
I would appreciate your assistance in obtaining Mr. Beck's signature on these documents and returning
one fully executed document, that being the Clerk's Original, for Monroe County's files. You may retain
the remaining executed document for your handling.
If you have any questions, please feel free to contact our office at (305) 289-2517.
Sincerely,
~~
Colleen Gardner, Executive Assistant
Growth Management Division
Icg
Enclosures
cc: Timothy J. McGarry, AICP, Director of Growth Management, wlo encl.
Belle DeSantis, Deputy Clerk, wlo encl.
MEMORANDUM
Date: 5/08/01
To: Belle DeSantis, Deputy Clerk
From: Colleen Gardner, Executive Assistant t
RE: Memorandum of Agreement between Department of Community
Affairs and Monroe County
Enclosed please find the "Clerk's Original" of the MOA which has been executed by
the Florida Department of Community Affairs regarding the 201 permit allocations for
affordable housing. This item was approved at the February 21, 2001 BOCC
Meeting.
If you have any questions, please contact me at extension 2517.
Icg
Enclosure
cc: Timothy J. McGarry, AICP, Director of Growth Management (w/o encl.)
CLERK'S ORIGINAL
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 a1110cal 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 pennit allocations previously available were not utilized due to the effect of Rule 28-
20.100 as follows:
reduction of 39 permits in ROGO 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 ROGO
Year 8 to justify the reallocation of the 39 units; and
Whereas, the 201 pennit allocations were previously approved under the PAS and the reallocation
of the pennits will not impact evacuation beyond the levels allowed by the PAS with the interim and
longer term improvements proposed by the County to meet the 24 hour clearance time based on the
recently updated Florida Keys Hurricane Evacuation Study; and
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Whereas, adequate nutrient reduction credits shall be made available for the 201 allocations.
NOW, THEREFORE, DCA AND MONROE COUNTY AGREE AS FOLLOWS:
1. Reallocation of 20 1 Pennit Allocations for Affordable Housing
The 201 pennit allocations previously described shall be reallocated and used exclusively for the
pennitting of: "affordable housing" as that tenn is defined by section 9.5 - 4(A-5), Monroe County
Land Development Regulations; and "workforce" housing, defined as housing for households
earning at least 70 percent of their annual household income from employment in Monroe County
with an annual household income of not more than 120 percent of the Monroe County median. In
the context of this agreement, the tenn "affordable" housing includes workforce housing that may
be may have tenants with an annual household income of not more than 120 percent of the Monroe
County median.
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 Pennit 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 tenn 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 REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK]
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THE PARTIES, by their du1y authorized undersigned representatives have executed this Agreement
on the dates and year below written.
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SIGNATURES
MONRO COUNTY, a political subdivision
te of Florida
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George gent, Mayor
Date~ 2.1.'-"0'
STATE OF FLORIDA
DEPAR:NT~:m;::~
1. T as Beck, Director
Division of Community Planning
Date:~
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