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Resolution 077-2008 RESOLUTION NO. 077-2008 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS DIRECTING RESERVATION FOR AWARD OF SIXTEEN AFFORDABLE DWELLING UNIT ALLOCATIONS FOR CAYA PLACE LLC WORKFORCE HOUSING UNITS ON THE EASTERN PARCEL (RE 00111078.000000) OF PROPERTY LOCATED AT 30641 US HIGHWAY 1 (COMMONLY KNOWN AS SKEETER'S MARINE) AND SETTING TERMS AND CONDITIONS WHEREAS, the State of Florida and all local governments in the Florida Keys (each subject to Area of Critical State Concern mandates relating to housing affordability) recognize the need for affordable housing throughout the state and particularly in the Florida Keys where developable land for housing is extremely limited and expensive; and WHEREAS, the challenge of providing affordable housing opportunities in the Florida Keys is one requiring sensible and responsive use of residential unit allocations, including implementation of effective long-term preservation mechanisms; and WHEREAS, the owner of the property has expressed his intention to develop sixteen (16) units of workforce housing for the Caya Place LLC project (the "Project"), and has submitted a request to reserve allocations for this project (see attached Exhibit A) and has agreed to comply with the conditions set forth; and WHEREAS, due consideration should be given to relevant factors such as the capacity for allocation recipients to promptly transform allocation awards/reservations into finished and occupied affordable/workforce housing units; and WHEREAS, consideration must be given to factors such as individual developers' investments and commitments to embarking upon affordable/workforce housing projects, in the face of the time it takes to fully permit and finance a project; and WHEREAS, the developers have legitimate needs for some assurance that allocations are in fact and will remain available and or reserved for a reasonable time so that follow-through on initial commitments will in fact be justified; and WHEREAS, in accordance with Strategy 3.3 of the Master Plan for Future Development of Big Pine Key and No Name Key, the county shall retain and expand availability of affordable housing within the planning area to the greatest extent possible; and WHEREAS, Action Item 3.2.4 of the Master Plan for Future Development of Big Pine Key and No Name Key directs staff to allocate residential units within the Planning Area at the rate of no greater than ten (10) in any given year. More than ten (10) residential awards may be allocated if the excess consists of affordable units that may be accumulated and issued in any allocation period or "borrowed forward" from future allocations; and WHEREAS, two (2) affordable housing allocations are allowed per year on Big Pine Key and No Name Key, which can be borrowed forward five years as authorized by Ordinance No. 009-2006, for a total of ten (10) affordable allocations to be reserved for this Project; and WHEREAS, there are presently eight (8) affordable housing allocations currently available for Big Pine Key and No Name Key from which this Project will draw six (6) affordable allocations, so that two (2) affordable allocations remain available; and WHEREAS, the Incidental Take Permit in conjunction with the Big Pine Key Habitat Conservation Plan was issued by the USFWS on June 9, 2006 requiring the purchase of mitigated land to preserve a 3:1 H-value ratio for any development or redevelopment; and WHEREAS, the BOCC finds that the Project identified herein is in the County's interests and will not be built with any direct financial outlay from the county. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1: The Monroe County Planning Department shall direct and approve the reservation and set aside of sixteen (16) affordable ROGO allocations for sixteen units of workforce housing for the Caya Place LLC project on Big Pine. Section 2: Ifbuilding permits for the related units are not issued within one (1) year from the date of this resolution the allocations shall automatically without further County action revert to the County. Section 2: The developer, Caya Place LLC, has committed, as per his correspondence to Growth Management dated February 22, 2008 (Exhibit A), to abide by Monroe County Code Affordable Housing guidelines and requirements, all applicable Building Code requirements, and requirements of the Planning Department. Section 3: The developer, Caya Place LLC, has further committed in the same correspondence (Exhibit A) to abide by the requirements of all other appropriate regulatory agencies of the County, State, or Federal Government, including but not 2 limited to US Fish and Wildlife Service and the mitigation requirements of the Incidental Take Permit and the Big Pine Key Habitat Conservation Plan. Section 4: The Planning Staff is hereby authorized to process expeditiously permit related applications for the above-referenced project. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the ~hday of March 2008. Mayor Charles "Sonny" McCoy Mayor Pro Tern Mario Di Gennaro Commissioner Dixie Spehar Commissioner Sylvia Murphy Commissioner George Neugent Yes Yes Yes Yes Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COU ~, FLORIDA ,'i'~3t~f~~ BY: , " , y;' 0."!:. .,.',(, , /. 't;"'J"\'~c:""',',,, "~', '. is M "If y,', (~', f:;< 'iL ,.ct~-~.:z' CLERK Deputy Cler S TO FORM: .:10 CJ f'" 3 onny" McCoy 3:: o C) :z: >- ::0 ("')2,:; C) r-"'::~ rT1___( -, <). j--- ;2g~. ;:1 ~~ ~~-. ..." > r C-t ~." r'f~ ~ = , = .., ::x '1 ",. ;;0 ,=; N co '. -0 ,~< ' ::;: -:-; r- .-) (:) N PO Box 430273 Big Pine Key, FI 33043 305-872-9040 - www.cayaplace.com 2/22/2008 Monroe County Growth Management 2798 Overseas Hwy. Suite # 41 0 Marathon, FI 33050 Andrew Trivette, Please find below the scope of the Caya Place project and the conditions I understand and accept. In reference to my Caya Place proposed project, I request that Monroe county award, by resolution of the BOCC, the available 16 ROGO affordable housing allocations to my Big Pine Key property RE# 0011178-000000, before further expenditures are incurred. 2. I will abide with all the Monroe County Code laws and previsions of affordable I employee housing as written in the Monroe Count Code at time of ROGO allocation issuance. 3 I will construct the houses at no cost to Monroe County. 4. I understand that the HCP & ITP for Big Pine Key requires mitigation. 5. I do not offer to pay any mitigation either in moneys or any other type of payment, until fully informed. in writing, of such costs, if any and I accept the presented terms and costs. 6. I understand that the ROGO allocations awarded will revert back to the ROGO bank if the building permits are not Issued within one calendar year from the award by resolution from the BOCC of said allocations. 7 I ask that the request for the above 16 ROGO allocations will be on the March agenda of the BOCC for possible approval and award. Ca a Place LLC