12/09/1999 Agreement
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BRANCH OFFICE
3117 OVERSEAS lllGHWA Y
MARAlHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF lHE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS lllGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
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TO:
Tim McGarry, Director
Growth Management Division
Attn: Colleen Gardner
FROM:
Isabel C. DeSantis, Deputy Clerk .JJ. c. .8-:
,..Dece.l"'t\6~ 10, 1999
DATE:
As you know, at the Board of County Commissioner's meeting held
on December 9, 1999, the Board granted approval and authorized
execution of a Memorandum of Agreement between Monroe County and
the Department of Community Affairs to allow for the replacement
of dwelling units contained within illegal downstairs enclosures
to be removed under the County's Flood Insurance Inspection
Program.
Enclosed please find three (3) duplicate originals of the MOU
executed by Monroe County for your fOllow-through with DCA.
Please be sure that the clerk's original is returned to this
office as quickly as possible.
Should you have any questions, please do not hesitate to contact
this office.
cc: County Attorney
County Administrator, w/o doc.
File I
C Ie r X-.s ar(;j/" Q/
MEMORANDUM OF AGREEMENT BETWEEN
THE 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 and DCA desire to enter into an agreement to
allow for the replacement of dwelling units contained within illegal downstairs
enclosures to be removed under the County's Flood Insurance Inspection
Program; and,
WHEREAS, pursuant to Florida Chapters 125 and 380, Monroe County, a
political subdivision of the State of Florida, has authority to enter into agreements
with other governmental agencies including the DCA; and,
WHEREAS, Monroe County is required to remove existing illegal
downstairs enclosures to remain a participant in the National Flood Insurance
Program and comply with its own flood plain regulations; and,
WHEREAS, Monroe County has agreed to sponsor a Flood Insurance
Inspection Program enacted by rule of the Federal Emergency Management
Administration; and,
WHEREAS, the Flood Insurance Inspection Program will require the
County to initiate and vigorously pursue a comprehensive program to eliminate
illegal downstairs enclosures; and,
WHEREAS, the County staff estimates that these illegal downstairs
enclosures may contain hundreds of below base flood dwellings serving as living
quarters for Monroe County households; and,
WHEREAS, an unknown portion of these illegal downstairs enclosures
has traditionally provided housing for low and moderate income and working
class households; and,
WHEREAS, Monroe County has insufficient affordable housing to serve
as replacement housing for working households displaced by the elimination of
downstairs enclosures over the next five years; and,
WHEREAS, the need for replacement housing will far exceed the existing
supply of affordable housing in the County, which means that new housing must
be constructed to provide suitable replacement housing for displaced
households; and,
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WHEREAS, construction of adequate replacement housing will take
months and even years under the most favorable of circumstances, especially
considering the limitations placed on the annual number of new residential units
due to the County's Rate of Growth Ordinance; and,
WHEREAS, DCA and Monroe County find that such delays will unfairly
impact low and moderate income households which will be displaced by the
Flood Insurance Inspection Program; and,
WHEREAS, the Hurricane Evacuation Study provided the basis for the
Rate of Growth Ordinance enacted by Monroe County in Ordinance #16-1992;
and,
WHEREAS, the 1990 U.S. Census count of housing units provided the
baseline data from which a 1991 Hurricane Evacuation Study was prepared; and,
WHEREAS, an examination of 1990 US Census block data and Property
Appraiser's records for specific areas of Monroe County demonstrate that
dwelling units contained within illegal downstairs enclosures were included in the
1990 U.S. Census; and,
WHEREAS, both parties agree that some or all of these dwelling units
contained within illegal downstairs enclosures were accounted for in the
Hurricane Evacuation Study upon which the County Rate of Growth Ordinance
was based; and,
WHEREAS, in recognition of the aforementioned facts both parties agree
that replacement housing for some portion of the households displaced under the
Flood Insurance Inspection Program can be facilitated by initially allowing the
County 90 ROGO credits; and,
WHEREAS, both parties agree that the building permits to which these
ROGO credits are to be applied are exempt from cesspit requirements of the
Year 2010 Comprehensive Plan, since these credits are for replacement of
existing dwelling units; and,
NOW THEREFORE THE PARTIES IDENTIFIED BELOW HAVE
AGREED
To implement the following procedures and provisions for creation and
use of ROGO allocation awards for affordable housing by Monroe County to be
credited by the future elimination of illegal housing units in downstairs
enclosures:
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1. Number of ROGO Credits
DCA agrees to allow Monroe County to add 90 ROGO credits to its ROGO
Year 8 allocation upon the effective date of this Agreement. These ROGO
credits shall be considered "ROGO replacement" residential units, which
are exempt from provisions of the Comprehensive Plan Policy 1 01.2.13
requiring a cesspit to be replaced for every permit for a new residential
unit.
2. Use and Application of ROGO Credits
Monroe County agrees to apply the ROGO credits only toward the
issuance of building permits for affordable housing as defined by the
Monroe County Code. The application of these credits to specific projects
shall be recommended by the Planning Commission and approved by the
Board of County Commissioners. These credits may be applied to
eligible projects throughout unincorporated Monroe County, except within
Big Pine and No Name Keys. The location of any eligible project shall be
consistent with all criteria and policies of the Monroe County Year 2010
Comprehensive Plan governing the siting of affordable housing.
3. Units Eligible as ROGO Replacement Units. To be eligible as a "ROGO
replacement" unit under this Agreement, the eliminated dwelling unit shall
have been in place on April 1, 1990 and designed for use as living
quarters separate from the living quarters in the elevated, above base
flood structure. The elevated structure shall have been built after
December 31, 1974, and issued a certificate of occupancy prior to April 1,
1990.
The units eligible to be credited as "ROGO replacement" units may be
derived through: County Code enforcement actions; normal permitting
activities; or the County Flood Insurance Inspection Program.
4. Procedures for Documenting ROGO Replacement Units. Monroe County
agrees to assign an identifying number to each eligible downstairs
dwelling unit removed in order to track and account for the number of such
units removed. The County agrees to document the eligibility of the
dwelling unit as a "ROGO replacement" unit through property tax and
utility records.
5. Reporting Procedures. Monroe County agrees to provide quarterly reports
to DCA documenting the number of eligible downstairs dwelling units
removed and providing appropriate information on the application of the
ROGO credits.
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6. Balance of Credits Used Versus Eliminated Units. If the number of eligible
dwelling units eliminated by the end of ROGO Year Ten, July 13, 2002,
does not equal or exceed the number of ROGO credits actually approved
by Monroe County for issuance of building permits, Monroe County agrees
to subtract one-third of the amount of the deficit from each of the next
three annual ROGO allocations after that Year.
7. Future ROGO Credits, Should the County's report pursuant to Section 4
document the removal of more than 90 downstairs dwelling units, the
parties agree to negotiate in good faith an amendment to this Agreement,
so as to adjust the number of ROGO credits available hereunder.
8. Amendments. This document contains the entire and exclusive
understanding and agreement of the parties and may not be modified
except as mutually agreed to in writing by both parties.
9. Effective Date. The effective date of this Agreement is the date the last
party signs this Agreement.
THE PARTIES, by their dully authorized undersigned representatives
have executed this Agreement on the dates and year below written.
SIGNATURES
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MONROE COUNTY, a political subdivision of
the State of Florida
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BY:
Shirley Fre~man, Mayor
DATE:
I~- '1- 99
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
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BY~1;...:~-~
.111 ib , cretsry
ctmes A ftf9biV\S0t1J A-ss;g.Qn+ Secretary
DATE: << L./ z.., I~'
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