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Item M3 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 19, 2002 Division: Growth Mana!?ement Bulk Item: Yes No x Department: Nt A AGENDA ITEM WORDING: Approval of a resolution authorizing the assignment of 52 ROGO affordable housing allocations to Tradewinds Hammocks-Phase II in Key Largo, ITEM BACKGROUND: Tradewinds Hammocks II, Ltd" has requested that the Monroe County Board of County Commissioners allocate 52 ROGO allocations with nutirent reduction credits to enable completion of Phase II of the Tradewinds Hammocks affordable housing development in Key Largo. Tradewinds Hammocks, Ltd. submitted an application for an amended conditional use approval to the Planning Department on April 12,2002. The consideration of this amended conditional use application is scheduled to be heard by the Planning Commission on July 23, 2q02. At this time, Tradewinds Hammocks II, Ltd., needs specific approval from the County in order for the Planning Director to sign Form 29, Site Plan Approval, including the availability of ROGO allocations for its application for StatelFederal tax credit funding, This form must be signed prior to June 26, 2002, Although a sufficient number ROGO allocations for the affordable housing project is available under a Florida Statutes Chapter 380 Agreement between the County and Department of Community Affairs, no available nutrient reduction credits are available for these allocations. However, it appears that the Florida Finance Agency would be amenable to accepting a signed Form 29 by the Planning Director with the provision that the Board of County Commissioners would take official action that preference and highest priority would be given to affordable housing projects in the allocation of any future nutrient reduction credits. The proposed resolution calls for the BOCC to authorize the assignment of 52 ROGO allocations to the Tradewinds Hammocks II affordable housing project; and to establish a policy that preference and highest priority in the allocation of future nutrient reduction credits wil\ be given to affordable housing projects consistent with the Comprehensive Plan and five-party Memorandum or Understanding governing the coordinated permit review process for wastewater disposal permits. The proposed assignment of ROGO allocations is contingent upon Tradewinds Hammocks II receiving conditional use approval from the Planning Commission and the development successfully receiving construction funding from the Florida Housing Finance Corporation PREVIOUS RELEVANT BOARD ACTION: On August 16,2001, the BOCC, acting as the Land Authority, approved a $0,9 mil\ion, 5-year zero interest mortgage for Tradewinds Hammocks-Phase II. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval TOTAL COST: N/ A BUDGETED: Yes No N/A COST TO COUNTY: N/A REVENUE PRODUCING: Yes N/A No AMOUNT PER MONTH N/A YEAR APPROVED BY: County Attorney x Risk Management N/A DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included x Not Required _ DISPOSITION: AGENDA ITEM #: /?ll RESOLUTION -2002 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AUTHORIZING THE ASSIGNMENT OF 52 ROGO AFFORDABLE HOUSING ALLOCATIONS TO TRADWINDS HAMMOCKS-PHASE II IN KEY LARGO WHEREAS, on August 16,2001, the Monroe County Land Authority approved providing a $0.9 million, 50-year zero interest mortgage for the Tradewinds Hammocks- Phase II project for the development of a 50 to 60 affordable housing units in Key Largo; and, WHEREAS, Tradewinds Hammocks II, Ltd., has submitted an application for an amended conditional use to the County Planning Department, which is scheduled to be considered by the Planning Commission at a public hearing on July 23, 2002; and, WHEREAS, Tradewinds Hammocks II, Ltd., has requested the Board of County Commissioners to assign to its proposed 52-unit multi-family project, known as Tradewinds Hammocks-Phase II, a sufficient number of ROGO allocations to permit the construction of this project and to commit to a policy of giving preference and priority in the allocation of future nutrient reduction credits to affordable housing projects; and, WHEREAS, the County Planning Director needs this firm commitment from the Board of County Commissioners related to ROGO allocations to sign appropriate forms and certifications required by Tradewinds Hammocks II, Ltd., to file its application for State/Federal tax credit funding; and, WHEREAS, Tradewinds Hammocks II, Ltd., is required to have its application and necessary certification forms completed by no later than June 26, 2002; and, WHEREAS, the Growth Management Division has identified that 52 ROGO affordable housing allocations are available from the pool of 201 affordable ROGO allocations granted to the County under a Florida Statutes Chapter 380 Agreement between the County and Department of Community Affairs (DCA) dated December 27, 1999; and, WHEREAS, Tradewinds Hammocks-Phase II is the only viable affordable housing project in the Upper Keys that currently needs these allocations and nutrient reduction credits; and, WHEREAS, the discretionary authority of the Board of County Commissioners to give preference and priority to the allocation of nutrient reduction credits is constrained by the Monroe County Year 2010 Comprehensive Plan and a five-party interagency memorandum of understanding governing the coordinated permit review process for wastewater disposal permits; and, Page 1 of3 WHEREAS, the Growth Management Division recommends approval of the request by Tradewinds Hammocks II, Ltd., for the assignment of 52 ROGO affordable housing allocations to the Tradewinds Hammocks-Phase II project; and, WHEREAS, the Growth Management Division further recommends approval of a policy giving affordable housing projects preference and priority in the allocation of future nutrient reduction credits consistent with the Monroe County Year 2010 Comprehensive Plan and the five-party interagency memorandum of understanding governing the coordinated permit review process for wastewater disposal permits; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, that: Section 1. The Tradewinds Hammocks-Phase II development is assigned 52 ROGO affordable housing allocations from the pool of 201 allocations authorized under the Florida Statutes Chapter 380 agreement between the County and DCA dated December 27, 1999; and, Section 2. This authorization assigning 52 ROGO affordable housing allocations for the Tradewinds Hammocks-Phase II project shall expire if either of the following conditions occur: a) The Tradewinds Hammocks-Phase II development does not receive approval from the Planning Commission for the proposed amendment to its conditional use that authorizes development of the project; or b) The Florida Housing Finance Corporation (FHFC) declines to approve the construction financing for the project in its 2002 funding cycle. Section 3. Monroe County shall give preference and priority to the allocation of nutrient reduction credits to affordable housing projects consistent with the Monroe County Year 2010 Comprehensive Plan and the five-party interagency memorandum of understanding governing the coordinated permit review process for wastewater disposal permits. [THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK.] Page 2 of3 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on 19th day of June, 2002. Mayor Charles "Sonny" McCoy Mayor Pro Tern Dixie Spehar Commissioner Murray Nelson Commissioner George Neugent (SEAL) Attest: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor/Chairperson Page 3 of3 .-... . - . ~ : II AND MAIL 1k~ Comprehensive Planning ResortfTourism Planning Land Use Regulation D~velopment Feasibility Site Design Expert Witness ..'" .,' T120 y l.~ i~:. -. It. I, h I r ~ i ';: I r U I 'ailing address: P. O. Box 372 I Lf! Key.West, FL 33041-0372 . I Office location: 600 White SI. . L" iitJ VIr H MA~ iA GEM Ell IS ION K'Y W,,,. FL 3304<] rn. i{II~ Phone: 305/294-1515 ~. :, .. Fax: 305/292-'1525 E-mail: CREEG@aol.com '",... Mr: Tim McGarry, Director, Growth Management Monroe County Planning Department 2798 Overseas Highway' Marathon, Florida 33050 . r ., . Subject: .:Tradewinds Hammocks Affordable Housing - Phase II Alloca~ion of ROGO A wards and Nutrient Reducti<?n C('edits~. Dear Tim: This letter is a formal request that the Monroe County Board of County Commissioners allocate fifty-two (52) ~OGO awards with sufficient matching nutrient reduction credits to enable the completion of Phase II of the Tradewinds Hammocks <:rl'fordable housing rrojl?ct in Key Largo. . - , . As you are aware, every means available to Monroe County, and the Florida Department of Community Affairs is- being investigated and pursued to the fullest to provide cesspit "Credits. (nutrient reduction credits)"fpr'this project; howfever, without a written commitment from Monroe County to provide available affordable housing. My office has preyiously submitted to the County a letter outlining a method by which a special development agreement authorized by Florida Statutes 380 could provide a method for "borrowing" nutrient. reduction credits from the future,which are sure to be created with the construction of a sewage plant in the Upper Keys or Lower Keys. The County bas said tha~ this approach'would not be consistent with the ongoing rule making process now upderway with the Florida Department of Community Affairs, through which the use of credits could .traded by the Little Venice sewage treatment plant. , . While many efforts have been used to convince those who challenged this proposed rule to allow the credits for affordable housing, all efforts h<;lve to date 'been in vain. . However, we hav~ an indication from the Florida Department of Commun~ty Affairs that the Florida Housing Finance Agency would be open to allpwing the Planning Director to sign Form 29 (Site Plan Approval), which states that ROGO allocations would be available if the County takes the position, in writing, that preference and highest priority would be given to affordable housing projects in the-allocation of future nutrient reduction credits. . This approach is based on the fact that if the affordable housing projects presently competing. for tax credit financing are. successful, closing on the loans necessary to allow the Key West . B~ckenridge Page 2 of 2 construction, together with completion, would not be occurring until 2004. This, in turn, would allow sufficient time for the County to identify specific to programs now underway to provide sewage treatment capacity in Monroe County. Please place this item on the Board of County Commissioners agenda for the meeting in June in order to allow the issue to be considered fully and any alternatives identified. Very truly yours, ryJ{~ Donald L. Craig, AICP DLC/jr cc: Mayor Sonny McCoy Commissioner Murray Nelson Commissioner George Neugent Commissioner Dixie Spehar Commissioner Nora Williams James Roberts, County Administrator J ames Quinn, FDCA Michael McDaniel, FDCA Peter Rosasco Jacqui McPhillips Key West. Breckenridge