Item K2BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 21, 2011 Division: Growth Management
Bulk Item: Yes_x_ No _ Department: Planning & Environmental Resources
Staff Contact Person: Townley Schwab/ Tiffany Stankiewicz
305 289- 2523 1305) 289- 2513
AGENDA ITEM WORDING: Discussion and direction regarding the request for the reservation of sixteen (16)
affordable dwelling unit ROGO allocation awards for Caya Place LLC on Big Pine Key on the eastern parcel (RE
00111078.000000) of property located at 30641 US Highway 1 (aka Skeeter's Marine).
ITEM BACKGROUND: The owner of the property, Richard C. Beal, has requested the reservation of sixteen (16)
affordable dwelling unit ROGO allocation awards. Since early 2008, Mr. Beal has proposed development of "Gaya
Place" on Big Pine at a location commonly known as Skeeter's Marine. He received a minor conditional use permit
by Development Order 01-09 to develop the affordable housing project. To date, the building permit application
deadline has been extended twice. First, the applicant received a two year extension pursuant to Senate Bill 360.
Second, the applicant received a one year extension pursuant to the Monroe County Land Development County
Code. To date, a building permit application relating to the scope of work has not been submitted. Thereby, the
current deadlines) to submit a building permit application is October 28, 2012. All required certificates of
occupancy shall be procured within two (2) years of the date of issuance of an initial building permit [approximately
October 28, 2014).
The BOCC reserved 16 affordable housing ROGO allocations for Caya Place LLC in March 2008, February 2009,
and March 2010. The last reservation expired March 31, 2011. As of August 29, 2011, Mr. Beal has not applied for
Building Permits for the proposed employee/affordable housing. Mr. Beal has requested the affordable housing
allocations be reserved for the fourth time (attached).
Big Pine/No Name Key has 40 affordable housing allocations over the life of the Master Plan/Incidental Take Permit
at a rate of 2 per year over 20 years, beginning in 2003 through 2023. When Caya Place requested 16 allocations, 6
had been awarded to other users and 6 remained available in the pool (2003 to 2009 = 6 years times 2 per year = 12
available). In order to accommodate Caya Place, 10 affordable housing allocations were borrowed from the future,
which means the allocation was reserved through ROGO year 21, ending July 12, 2013. Now that the reservation
has expired, the affordable housing allocations have been returned to the ROGO pool. Big Pine/No Name Key sub-
area, at the close of ROGO Year 19 (July 12, 2011) has 12 affordable housing allocations available. There will be 22
more affordable housing allocations in future years.
This site is on the FEMA injunction list and while the owner has officially requested to be removed from the list, to
date, the site remains listed. Additionally, the property is also on the focus list in the current biological opinion.
PREVIOUS RELEVANT COMMISSION ACTION:
March 17, 2010 — BOCC approved resolution 090-2010 reserving 16 affordable dwelling units and reserving "H"
value necessary for Caya Place LLC which expired March 31, 2011.
February 19, 2009 — BOCC approved resolution 060-2009 reserving 16 affordable dwelling units and reserving "H"
value necessary for Caya Place LLC which expires March 19, 2010.
October 15, 2008 - BOCC approved Resolution 346-2008 reserving the "H" value necessary for a proposed affordable
dwelling unit development for Caya Place LLC.
March 19, 2008 - BOCC approved Resolution 077-2008 reserving 16 affordable dwelling unit allocations for Caya
Place LLC.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATION: Direct staff to decline request
TOTAL COST: N/A INDIRECT COST: BUDGETED: Yes No N/A
COST TO COUNTY: N/A SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes No N/A AMOUNT PER MONTH: N/A Year
APPROVED BY: County Attorney_A. OMB / Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
MEMORANDUM
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring, professional and fair
To:
Through:
From:
Date:
Subject:
Board of County Commissioner
Christine Hurley, Growth Management Division Director
Townsley Schwab, Sr. Director of Planning & Environmental Resources
August 29, 2011
Reservation request for 16 affordable housing allocations on
Big Pine Key by Richard C. Beal
Meeting Date: September 21, 2011
1 This is a report to outline the affordable housing allocation award reservation history by Richard
2 C. Beal for development to be known as Caya Place LLC. The project proposes 16 employee
3 housing units on Big Pine Key on the eastern parcel (RE: 00111078.000000) of property located
4 at 30641 US Highway 1 (aka Skeeter's Marine).
5
6 BACKGROUND:
7
8 March 19, 2008, the Board of County Commissioners (BOCC) approved the reservation of
9 sixteen (16) affordable housing allocation awards pursuant to Ordinance 009-2006 in Resolution
10 077-2008. Six allocation awards were currently available at that time and ten allocations were
11 reserved from the subsequent five years. This reservation required building permits to be issued
12 within one year BOCC resolution.
13
14 October 15, 2008, the BOCC approved the reservation of "H" value necessary for the proposed
15 affordable housing development on Big Pine Key until March 18, 2009 in Resolution 346-2008.
16 This reservation required building permits to be issued within one year of the BOCC resolution.
17
18 February 19, 2009, the BOCC approved extending the reservation by Resolution 060-2009 until
19 March 19, 2010, for the reserved sixteen (16) affordable dwelling unit allocations and for the
20 reserved "H" value necessary for a proposed affordable dwelling unit development
21
22 March 12, 2009, Monroe County, Florida issued a Minor Conditional Use Permit Development
23 Order No. 01-09 was approved to redevelop the property (RE: 00111078.000000) by removing
Page 1 of 4
1 the existing outdoor storage/retail sale use, to construct sixteen (16) new employee housing deed
2 restricted units and carrying out several associated site improvements.
3
4 In a letter dated October 15, 2009, Richard C. Beal applied for a two year extension of
5 Development Order 01-09 pursuant to Senate Bill 360. Staff granted a two year extension in
6 Development Order 01-10. June 2011, Richard C. Beal submitted another request for the
7 extension of the Development Order.
8
9 March 17, 2010, the BOCC approved a second extension until March 31, 2011 for the
10 reservation of sixteen affordable housing allocation awards and for the reservation of "H" value
11 necessary for the proposed affordable dwelling unit development.
12
13 In a letter dated June 10, 2011, Richard C. Beal submitted a third request for the reservation of
14 sixteen (16) affordable housing allocations awards and "H" value necessary for the proposed
15 development.
16
17 As of August 29, 2011, no Building Permit Applications have been submitted for the
18 development of sixteen (16) employee housing units on RE: 00111078.000000.
19
20 ANALYSIS•
21
22 Mr. Beal applied for a minor conditional use permit in 2008 for the development of sixteen
23 employee housing units and has submitted three reservation requests for 16 affordable housing
24 allocation awards. No fees were charged for any of these applications. Additionally, there has
25 been no attempt to apply for building permits in order to develop the project. As of the date of
26 this request, a building permit application relating to the scope of work has not been submitted.
27 However, Mr. Beal has requested an extension to the Development Order. Staff has reviewed the
28 extension request and found that it was submitted on time and in accordance with the provisions
29 of § 110-73(a)(2). Thereby, the deadline(s) to submit a building permit application is extended by
30 an additional one (1) year to October 28, 2012. All required certificates of occupancy are
31 required to be procured within two (2) years of the date of issuance of an initial building permit
32 [approximately October 28, 2014].
33
34 The proposed sixteen employee housing units do not qualify for the reservation of affordable
35 housing allocation awards.
36
37 ROGO BIG PINE AFFORDABLE HOUSING ALLOCATION AVAILABILITY:
38
39 Currently in the Big Pine Key Subarea there are 12 affordable housing allocations available
40 because the expired reservations have been returned to the affordable housing ROGO pool.
41
42 Occasionally, the Department receives inquiries regarding the availability of affordable housing
43 allocation awards in order to develop affordable housing. Up to March 31, 2011, staff previously
44 explained to the public there were no affordable housing allocations available because they were
45 reserved for this project.
Page 2 of 4
1 RESERVATION REQUIREMENTS FOR AFFORDABLE HOUSING ALLOCATION
2 AWARDS:
3
4 Monroe County Code states as follows:
5
6 Section 138-24 (b): Reservation of affordable housing allocations.
7
8 Notwithstanding the provisions of section 138-26 for awarding of affordable housing allocations,
9 the board of county commissioners may reserve by resolution some or all of the available
10 affordable housing allocations for award to certain sponsoring agencies or specific housing
11 programs consistent with all other requirements of this chapter. Building permits for these
12 reserved allocations shall be picked up within six months of the effective reservation date, unless
13 otherwise authorized by the board of county commissioners in its resolution. The board of county
14 commissioners may, at its discretion, place conditions on any reservation as it deems appropriate.
15 These reservations may be authorized by the board of county commissioners for:
16
17 (1) The county housing authority, nonprofit community development organizations, pursuant
18 to section 130-161(e), and other public entities established to provide affordable housing
19 by entering into a memorandum of understanding with one or more of these agencies;
20
21 (2) Specific affordable or employee housing projects participating in a federal/state housing
22 financial assistance or tax credit program or receiving some form of direct financial
23 assistance from the county upon written request from the project sponsor and approved
24 by resolution of the board of county commissioners;
25
26 (3) Specific affordable or employee housing projects sponsored by nongovernmental not-for-
27 profit organizations above upon written request from the project sponsor and approved
28 by resolution of the board of county commissioners;
29
30 (4) Specific affordable or employee housing programs sponsored by the county pursuant to
31 procedures and guidelines as may be established from time to time by the board of
32 county commissioners;
33
34 (5) Specific affordable or employee housing projects by any entity, organization, or person,
35 contingent upon transfer of ownership of the underlying land for the affordable housing
36 project to the county, a not -for -profit community development organization, or any other
37 entity approved by the board of county commissioners, upon written request from the
38 project sponsor and approved by resolution of the board of county commissioners; or
39
40 (6) Rental employee housing projects situated on the same parcel of land as the
41 nonresidential workplace for the tenants of these projects, upon written request from the
42 property owner and approved by resolution of the board of county commissioners.
43
44
45
Page 3 of 4
I ITS RECOMMENDATIONS:
2 Direct Staff to decline Mr. Beal's request for affordable housing reservations because of limited
3 allocations, the parcel being on the FEMA injunction list and `H' value requirements
Page 4 of 4
From the desk of :
RE: 16 Workforce allocations for Caya Place Townhouses, Big Pine Key
! Order R, '
projectI would ask that you review the 16 workforce housing allocations connected with my
Cayo Place housing
Christine Hurley stated you could coordinate this with Mike Roberts.
approval. Also I ask that this extension have the approved harvest value Included.
If you remember, both had to be approved by a positive
allocations were borrowed forward with that saw SOCC approval. I do understand
that bath the allocations and the H must go before the SOCC by resolution again.
I ask for this extension to be married with my request for the Development order
extension, which I have submitted. so as all may be In time with one another, with
loam to ii
I i. . , 1, - I