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Item H35BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: _ September 16, 2015 Department: Planning & Environmental Resources Bulk Item: Yes X No Staff Contact /Phone #: Mavte Santamaria 305 289- 2562 AGENDA ITEM WORDING: Approval of a Resolution to reserve 0.087 HIMPACT with 0.261 'HMITIGATION' for Caya Place LLC on Big Pine Key on the eastern parcel (RE 00111078.000000) of property located at 30641 US Highway I (aka Skeeter's Marine) for a period not to exceed 1 year (September 16, 2016). ITEM BACKGROUND: The owner of the property, Richard C. Beal, has requested the reservation of 0.261 `HMITIGATION' for impacts associated with the proposed development of sixteen affordable dwelling units 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). The applicant received a minor conditional use permit by Development Order 0 1 -09 to develop the affordable housing project with a condition to submit a building permit application by October 28, 2009. To date, the building permit application deadline has been extended five times. The first extension granted 2 years from Senate Bill 360, the second extension granted 1 year from the County Code, the third extension granted 2 years from House Bill 503, the fourth extension granted I year from the County Code, and the current extension granted I year from the County Code. Therefore, the current deadline(s) to submit a building permit application is October 28, 2016. 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, 2018], The BOCC reserved HMITIGATION for the 16 affordable housing ROGO allocations for Caya Place LLC in March 2008, February 2009, March 2010 and January 2012. The reservation approved January 2012 expired May 19, 2012. Mr. Beal is requesting the reservation of 0.261 HMITIGATION for the 16 affordable housing reservations. As of August 27, 2015, Mr. Beal has not applied for Building Permits for the proposed employee/affordable housing. A one (1) year reservation is recommended for the requested HMITIGATION contingent on the property owner acquiring building permits within this period. PREVIOUS RELEVANT BOCC ACTION: May 16, 2012 - BOCC denied request for extending reservation. January 19, 2012 — BOCC approved resolution 016-2012 reserving 16 affordable dwelling unit allocations for Caya Place LLC which expired May 19, 2012. December 14, 2011 — BOCC gave staff direction to prepare a resolution for consideration to grant a 4 month reservation for 16 affordable housing allocations at the January 2012 board meeting. September 21, 2011 — BOCC denied request for extending reservation 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 RECOMMENDATIONS: Approval of a 1 year reservation. TOTAL COST: NIA INDIRECT COST: BUDGETED: Yes No NIA DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: NIA SOURCE OF FUNDS: NIA REVENUE PRODUCING: Yes No NIA AMOUNT PER MONTH NIA Year APPROVED BY: County Attorney �OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 6/15 7 RESOLUTION NO. -2015 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE RESERVATION OF 0.087 `HIMPACT' WITH 0.261 'HMITICATION', FOR A PROPOSED AFFORDABLE/EMPLOYEE DWELLING UNIT DEVELOPMENT ON BIG PINE KEY FOR CAYA PLACE LLC ON THE EASTERN PARCEL (RE 00111078.000000) OF PROPERTY LOCATED AT 30641 US HIGHWAY 1 (COMMONLY KNOWN AS SKEETER'S MARINE) UNTIL SEPTEMBER 16, 2016. 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 long-term preservation mechanisms; 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, the developers have legitimate needs for some assurance that allocations are in fact and will remain available and/or justified 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, on March 19, 2008, the BOCC approved Resolution 077-2008 reserving 16 affordable dwelling unit allocations for Caya Place LLC; and WHEREAS, the BOCC, on October 15, 2008 approved Resolution 346-2008 reserving the "H" value necessary for 16 proposed affordable dwelling units; and WHEREAS, the BOCC, on February 19, 2009 approved Resolution 060-2009 extending the reservation of "H" value and 16 affordable housing ROGO allocations for the Caya Place LLC affordable housing project; and WHEREAS, the BOCC, on March 17, 2010 approved Resolution 090-2010 extending the reservation of "H" value and 16 affordable housing ROGO allocations for the Caya Place LLC affordable housing project which expired March 31, 201 1; and WHEREAS, the BOCC, on September 21, 2011 denied request for extending the reservation of affordable housing ROGO allocations for the Caya Place LLC affordable housing project; and WHEREAS, the BOCC, on December 14, 2011, BOCC directed staff to prepare a resolution for consideration to grant a 4 month reservation for 16 affordable housing ROGO allocations for the Caya Place LLC affordable housing project; and WHEREAS, the BOCC, on January 19, 2012, approved Resolution 016-2012 reserving 16 affordable housing ROGO allocations and the reservation of 0.261 HMmcAnon for Caya Place LLC which expired May 19, 2012; and WHEREAS, the BOCC, on May 16, 2012, denied request for extending the reservation of affordable housing ROGO allocations for the Caya Place LLC affordable housing project; and WHEREAS, the developer has applied for five extensions for the minor conditional use permit by Development Order 0 1 -09 to develop the affordable housing project; and WHEREAS, the last extension granted by for the minor conditional use permit by Development Order 01-09 to develop the affordable housing project with a condition to submit a building permit application by October 28, 2016; and WHEREAS, the developer has not applied for building permits for the affordable housing project as of August 27, 2015; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1: The Monroe County Planning and Environmental Resources Department shall reserve 0.087 'HIMPACT' with 0.261 `HMITIcAnon', for the Caya Place LLC project on Big Pine Key until September 16, 2016. Section 2: The developer must obtain the building permits for the sixteen (16) affordable/employee housing units on or before September 16, 2016, Section 3: The developer shall comply with all Monroe County requirements, all applicable Building Code requirements, and any other oversight agencies. Section 4: The Planning and Building Department Staff is hereby authorized to process expeditiously permit related applications for the above referenced project when received. 2 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 16`h day of September, 2015. Mayor Danny Kolhage Mayor Pro Tern Heather Carruthers Commissioner David Rice Commissioner George Neugent Commissioner Sylvia Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (SEAL) ATTEST: AMY HEAVILIN, CLERK DEPUTY CLERK Mayor Danny Kolhage MONROE COUNTY ATTORNEY AFjPRLOVED AS�Q FORM: _ STEVEN T. WILLVWS ASSISTANT C N Y F TTORNEY Date/ From -I he desk of Richard C. Beal Do oY '773 Sig Pire Key, F-I 33043 :554-95p-(')63 8/8/2015 Monroe County Growth Management Planning & Environmental Resources Department 2798 Overseas Highway Marathon, Fi_ 33050 Mayte Santamaria, Hello, I ask that you please use this letter as a formal request to be added to the Board of County Commission meeting agenda on the 16th of September 2015, for requesting approval of reserving the sixteen affordable allocations and the "H" needed for my Caya Place project as per Monroe County Development order DO-01-09 and the time extensions through 10/28/2016. I also ask that the allocations and the °H" be reserved for the time period which would match the latest time extension date of 10/28/2016. Thanking you in Advance, t Richard C. Beal