Monroe County’s Planning Commission is recommending county commissioners approve a request to award permits for early evacuation units to developers who are seeking to build workforce housing behind a proposed Publix supermarket at MM 92.5, oceanside, in Tavernier.
County commissioners have the final say since the request would alter and add language to the comprehensive plan. The request would ultimately give developers 86 of the 300 permits for early evacuation units without them needing to hand over an equal number of affordable unit allocations for the county’s administrative relief pool. The 300 early evacuation units were awarded to Monroe County by then-Gov. Rick Scott following Hurricane Irma in 2017.
County staff states approval of the request would result in the loss of 86 allocations banked to mitigate takings cases. On July 15, 2020, commissioners directed staff to draft language that would allow use of the 300 permits for workforce housing early evacuation units in exchange for existing affordable allocations at multifamily developments. The affordable housing allocations returned to the county would be set aside and banked for takings cases.
By April 21, commissioners approved an ordinance for the “1-1 exchange program” where affordable allocations are exchanged for early evacuation units.
The developers’ request said the county should provide the early evacuation units to address “the inadequate availability of workforce housing in the Upper Keys.”
“The need for affordable housing hasn’t disappeared. It’s only increased since COVID,” said Bart Smith, attorney on behalf of the developers from Blackstone-Tavenier 925 LLC.
Despite recommending denial, staff said it would approve the developer’s request with a series of proposed edits to address the required evacuation of tenants in those units 48 hours before a storm. Staff also added all early evacuation units would be restricted to rental occupancy for those who make 70% of their income in Monroe County.
Smith told planning commissioners he believes the workforce units developed by the Jacksonville-based firm Vestcor will provide for the service industry.
“We believe there will be a lot of people at Baptist Health occupying units in this building,” Smith said.
No members from the public commented on the request during the Aug. 28 planning commission meeting in Marathon. A letter sent to county officials by Last Stand, however, objected to the proposal to award 86 permits for early evacuation units. A nonprofit established in 1987, Last Stand seeks to preserve the Florida Keys.
“At a time when you are considering whether to request more market rate ROGOs from the State in order to avoid potentially substantial takings liabilities, how can you jettison 86 of the County’s administrative relief ROGOs?” the letter reads. “County staff has estimated the County’s takings liability to be more than $1 billion for the 2,220 buildable lots that were identified in March. That amounts to more than $450,000 of takings cost per lot. This means you are being asked under this proposal to give away administrative relief ROGOs with an estimated value of more than $38.7 million.”
County commissioners will consider the request at a Sept. 11 meeting at the Murray Nelson Government Center in Key Largo.
In February, county commissioners voted 4-1 on a county ordinance to allow developers the ability to build a nonresidential structure beyond the 10,000-square-foot limit for a roughly 49,000-square-foot Publix supermarket and grocery store. FloridaCommerce originally shot down the ordinance but later approved it. The Tavernier Community Association has since filed an appeal to FloridaCommerce’s reversal to approve the county ordinance.
