Item Q25
CM
ounty of onroe
BOARD OF COUNTY COMMISSIONERS
Mayor George Neugent, District 2
Mayor Pro Tem David Rice, District 4
TheFloridaKeys
Danny L. Kolhage, District 1
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
December 14, 2016
Agenda Item Number: Q.2
Agenda Item Summary #2498
BULK ITEM: DEPARTMENT:
Yes Planning/Environmental Resources
TIME APPROXIMATE:STAFF CONTACT:
Mayte Santamaria (305) 289-2500
n/a
AGENDA ITEM WORDING:
Approval of a Resolution reserving ninety-six (96) affordable
housing dwelling unit allocations consisting of Forty-Four (44) Low income, Twenty (20) Median
income and Thirty-Two (32) Moderate Income for one (1) year for use by Rockland Operations at
property located at approximate mile marker 9, described as a parcel of land in Section 21, Township
67 South, Range 26 East, Big Coppitt Key, Monroe County, Florida, having Real Estate Number
00120940-000100. The applicant is requesting the reservation to apply for state low income housing
tax credits (LIHTC).
ITEM BACKGROUND:
On February 10, 2016, Monroe County adopted Ordinance 003-2016, a Future Land Use Map
amendment with corresponding Site Specific Comprehensive Plan Policy 107.1.6, and 004-2016, the
corresponding Land Use Map amendment, which amended the land use designations from Mixed
Use/Commercial Fishing (MCF) and Industrial (I) to Mixed Use/Commercial (MC) on the parcel on
Big Coppitt Key and restricted the development of the property to affordable housing. The adopted
amendment resulted in a density for the property which allows up to 213 dwelling units with a
minimum of 20% of the units as a combination of low and very low income and 10% of the units as
median income. The amendment also eliminated all potential for market rate permanent residential
and/or transient uses on the site; prohibited nonresidential uses; prohibited dredging; prohibited
residential buildings in the 70-74 DNL (Day-Night Average Sound Level) noise contour; required
sound attenuation for any habitable buildings located within the 70-74 and 65-69 DNL (Day-Night
Average Sound Level) noise contours; required that any development not utilize Puerta Drive for
ingress and egress; and required a development agreement for any proposed development of an
affordable housing project within the Big Coppitt Mixed Use Area 1 to evaluate the ingress and
egress of the development proposal.
Subsequent to the adoption of the Ordinance, the Department of Economic Opportunity (DEO)
found the Ordinance consistent with the Comprehensive Plan; however, adjacent property owners
and the United States Navy appealed the adoption of the Ordinance to the Division of Administrative
Hearings. The case was heard by a Division of Administrative Law Judge on June 8 June 10, 2016,
with a Recommended Order by the Judge on August, 9, 2016, upholding that the amendment was
4EGOIX4K
5
consistent with the Comprehensive Plan. After the Recommended Order was issued, DEO had 90
November 4, 2016, DEO issued its Final Order finding the Ordinance consistent with the
Comprehensive Plan. All appeal periods expired on December 5, 2016, at which time the FLUM
and zoning amendment approvals became final.
Rockland Operations has notified staff of its desire to utilize Low Income Housing Tax Credits
(LIHTC) after the amendments became final. The application deadline for applying for LIHTC is
January 6, 2016. Rockland has also informed staff of its intention to apply for a development
agreement and major conditional use for development of the property as a 208-dwelling unit
affordable housing project consistent with the requirement that a minimum of 20% (42.6 units) be a
combination of low and very low and 10% (21.3) be median income. The development agreement is
a requirement Site Specific Comprehensive Plan Policy 107.1.6 and the major conditional use
approval is a requirement of the Land Development Code to move forward with the development of
the property.
Rockland is requesting a reservation of affordable housing allocations for 96 total unitsfor the
LIHTC project. Of the 96 units, they are proposing, 44 units be low income (County rules for low
income are a maximum of 80% of Median and LIHTC rules are that low income is 60% of Median)
and 20 units will be median income (County and LIHTC rules are that median income is 100% of
Median). The remaining 32 of the 96 units will be moderate income (County rules for moderate
income are a maximum of 120% of Median and LIHTC rules are that moderate income is up to
140% of Median income); therefore, for the affordable allocations, staff has conditioned the ROGO
reservations to the maximum of 120% of median income limit.
The utilization of LIHTC tax credits provides units that are below the Low Income threshold and at
or near the Very Low Income threshold (50% of Median vs. 60% of Median). The 112 units
remaining units (that are not part of the ROGO reservation may be moderate income units with a
maximum of 120% of Median income).
The following table demonstrates the unit breakdowns.
FLUM Proposed LIHTC/ Remaining
Maximum Development Reservation of units (non
Development Agreement ROGO allocations LIHTC)
Number of units 213 208 96 112
20% Very Low 42.6 42 44 (60% of median)
(50% of Median) and
Low (80% of Median)
10% Median 21.3 21 20 (100% of median)
(100% of Median)
Moderate 150 145 32 (120% of median) 112
(120% of Median)
Rockland Operations has requested the reservation be for one year in order to go through theLIHTC
process to obtain a development agreement and major conditional use approval from Monroe County
4EGOIX4K
5
and compete for funding. If the ROGO allocations are not utilized within the time frame requested,
the reservation of the allocations would expire unless an extension is granted by the BOCC.
Monroe County Code Section 138-24(b)(2) states reservations may be authorized by the BOCC for
assistance or tax credit program or receiving some form of direct financial assistance from the
county upon written request from the project sponsor and approved by resolution of the board of
PREVIOUS RELEVANT BOCC ACTION:
On December 10, 2014, at a regularly scheduled meeting, the Board of County Commissioners
adopted Resolution 375-2014, transmitting to the state land planning agency an ordinance amending
the FLUM for the subject property from MCF and I to COMM and MC.
On July 15, 2015, at a regularly scheduled meeting, the Board of County Commissioners approved
sending a request to the State Land Planning Agency requesting an extension of time to adopt the
Future Land Use Map amendments transmitted to the State Land Planning Agency on December 10,
2014 via Resolution 374-2014 (two parcels on Key Largo) and Resolution 375-2014 (for four
parcels on Rockland Key and one parcel on Big Coppitt).
On November 17, 2015, at a regularly scheduled meeting, the Board of County Commissioners
continued the public hearing for the proposed FLUM amendment from MCF and I to COMM and
MC and the corresponding subarea policy to February 10, 2016.
On February 10, 2016, at a regularly scheduled meeting, the Board of County Commissioners
adopted Ordinance 003-2016 amending the Monroe County Future Land Use Map from Industrial
(I) to Commercial (COMM) for property located at approximate mile marker 9, described as four
parcels of land in Section 21, Township 67 South, Range 26 East, Rockland Key, Monroe County
Florida, having Real Estate Numbers 00122080.000000, 00122081.000200, 00122010.000000 and
00121990.000000; and from Mixed Use/Commercial Fishing (MCF) and Industrial (I) to Mixed
Use/Commercial (MC); creating Policy 107.1.6 Big Coppitt Mixed Use Area 1, to provide
limitations on development and specific restrictions; for property located at approximate mile marker
9, described as a parcel of land in Section 21, Township 67 South, Range 26 East, Big Coppitt Key,
Monroe County, Florida, having Real Estate Number 00120940.000100; as proposed by Rockland
Operations, LLC and Rockland Commercial Center, Inc.
On February 10, 2016, at a regularly scheduled meeting, the Board of County Commissioners
adopted Ordinance 004-2016 amending the Monroe County Land Use District (Zoning) Map from
Industrial (I) and Commercial Fishing Area (CFA) to Mixed Use (MU) for property located at
approximate mile marker 9, described as a parcel of land in Section 21, Township 67 South, Range
26 East, Big Coppitt Key, Monroe County, Florida, having Real Estate Number 00120940.000100,
and from Industrial (I) to Commercial 2 (C2) for property located at approximate mile marker 9,
described as four parcels of land in Section 21, Township 67 South, Range 26 East, Rockland Key,
Monroe County Florida, having Real Estate Numbers 00122080.000000, 00122081.000200,
00122010.000000 and 00121990.000000; as proposed by Rockland Operations, LLC and Rockland
Commercial Center, Inc.
4EGOIX4K
5
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION:
Approval of a one-year reservation.
DOCUMENTATION:
Toppino ROGO Reservation Request
Toppino ROGO Reservation Reso.
Ordinance 003-2016_FLUM_Toppino
Ordinance 004-2016_zoning_Toppino
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match
:
Insurance Required:
Additional Details:
REVIEWED BY:
Mayte Santamaria Completed 12/06/2016 5:43 PM
Assistant County Administrator Christine Hurley Completed
12/06/2016 5:44 PM
Steve Williams Completed 12/07/2016 7:39 AM
Jaclyn Carnago Completed 12/07/2016 8:33 AM
Budget and Finance Skipped 12/06/2016 3:21 PM
Maria Slavik Skipped 12/06/2016 3:21 PM
Roman Gastesi Completed 12/07/2016 10:52 AM
Kathy Peters Completed 12/07/2016 1:45 PM
4EGOIX4K
5
Board of County Commissioners Pending 12/14/2016 9:00 AM
4EGOIX4K
5E
4EGOIX4K
5E
4EGOIX4K
%XXEGLQIRX 8STTMRS63+36IWIVZEXMSR6IWS?6IZMWMSRA
63+3VIWIVZEXMSRJSV8STTMRS&MK
%XXEGLQIRX 8STTMRS63+36IWIVZEXMSR6IWS?6IZMWMSRA
63+3VIWIVZEXMSRJSV8STTMRS&MK
%XXEGLQIRX 8STTMRS63+36IWIVZEXMSR6IWS?6IZMWMSRA
63+3VIWIVZEXMSRJSV8STTMRS&MK
5G
4EGOIX4K
5G
4EGOIX4K
5G
4EGOIX4K
5G
4EGOIX4K
5G
4EGOIX4K
5G
4EGOIX4K
5G
4EGOIX4K
5G
4EGOIX4K
5G
4EGOIX4K
5G
4EGOIX4K
5H
4EGOIX4K
5H
4EGOIX4K
5H
4EGOIX4K
5H
4EGOIX4K
5H
4EGOIX4K
5H
4EGOIX4K