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Item H1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: February 28. 2000 Division: Growth Management Bulk Item: Yes No _X_ Department: Planning_ AGENDA ITEM WORDING: Consideration of staffs recommendation on awarding up to 30 FEMA replacement units to Phase I of the proposed Tradewinds development. ITEM BACKGROUND: On December 27, 1999, the DCA signed a Memorandum of Agreement with Monroe County that makes available 90 ROGO credit units of affordable housing (FEMA replacement units) to be added to the year 8 allocations of unincorporated Monroe County. PREVIOUS RELEVANT BOARD ACTION: At the February 17,2000, meeting of the Board of County ComQ1issioners, the Planning Department presented the possible distribution of these 90 units with the BOCC and will further be discussing other options at a BaCC meeting in March. STAFF RECOMMENDATION: Approval of awarding up to 30 FEMA replacement units for a period of one year to Phase I of the proposed Tradewinds development subject to the Land Authority's support of this proposal. After a year, the Board can evaluate this development's progress and vote whether or not to extend the reservation ofthose FEMA replacement units awarded to the Tradewinds development for another year. TOTAL COST: None BUDGETED: Yes N/A. No COST TO COUNTY: None APPROVED BY: County Attorney _X_ OMB/Purchasing_N/A_ Risk Management_N/A_ X !f/;.lIlul iL/~ K. Marlene Conaway Planning Director DEPARTMENT DIRECTOR APPROVAL: DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included X To follow _ _ Not required _ DISPOSITION: Agenda Item #: }II MOA for the 90 FEMA Replacement Units While reading the MOA please note the following: 1. The FEMA replacement units can be used at any time (there is no 'expiry date ') 2. The FEMA replacement units can be used anywhere in unincorporated Monroe County 3. The FEMA replacement units can be distributed within unincorporated Monroe County subject to the direction of the Monroe County Board of County Commissioners (the 30/30/30 requirement is only discussed in the BOCC's Affordable Housing Action Plan, it is not a requirement of the MOA) 4. The Planning Department will present its recommendations for the distribution of the remaining FEMA replacement units to the BOCC at its March 16, 2000 meeting in Marathon - -."....J. .-, ~ AI+ FE,'1~ C,t,~* MEMORANDUM OF AGREEMENT BElWEEN THE DEPARTMENT OF COMMUNITY AFFAIRS AND MONROE COUNTY THIS AGREEMENT is entered into between Monroe County and the Department of Community Affairs (MDCA"), 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 con~ined 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 govemmental 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, C:\DOCUMENT\DCA\Moadownstairs.doc Page 1 of4 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 19~n I J ~ r.P"~' I~ count of housing units provided the baseline data from which a 1991 Hurricane Evacuation Study was prepar~d; 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: C:\OOCUMENT\DCA\Moadownstairs.doc Page 2 of 4 1. Number of RaGa Credits DCA agrees to allow Monroe County to add 90 RaGa credits to its RaGa Year 8 allocation upon the effective date of this Agreement. These RaGa credits shall be considered "RaGa replacement" residential units, which are exempt from provisions of the Comprehensive Plan Policy 101.2.13 requiring a cesspit to be replaced for every permit for a new residential unit. 2. Use and Application of RaGa Credits Monroe County agrees to apply the RaGa 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 RaGa Replacement Units. To be eligible as a "RaGO replacemenf' 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 "RaGa replacement" units may be derived through: County Code enforcement actions; normal, permitting activities; or the County Flood Insurance Inspection Program. 4. Procedures for Documenting RaGa 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 "RaGa 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 RaGO credits. C:\DOCUMENnDCA\Moadownstairs.doc Page 3 of4 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 adually approved by Monroe County for issuance of building permits, Monroe County agrees to subtrad 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 Sedion 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 A~ ~ POf'h\ w.I ~~~ ~~~;;y MONROE COUNTY, a political subdivision of the State of Florida -"'"i..I II ~ It,: -/, -t/ \ . ., .,.:. .- .-It ~" .....A....~"'" C1 :.v_....._,...~J"'~. ,BY: {! Shirley Freeman, Mayqr DATE: J;(- <=t- 99 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS t_.. --.nv~.., " BY: ~ 1;..:.;; ~ . 1ar~ib::- ~; cretery + C' __~ (tJrJes fblt,~t1, ~ss;s.an ~~.- I DATE: I L.I z., ~, All!fZoVui: . ~;::tiJ1;=~ C:\DOCUMENTIOCA\Moadownstairs.doc Page 4 of4