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Item H4�Rlfl DO I Meeting Date: May 16, 2012 Division: Growth Management Bulk Item: Yes X No _ Department: Planning & Environmental Resources Staff Contact Person: Townslev Schwab/ Tiffany Stankiewicz 305 289- 2523 1305) 289- 2513 AGENDA ITEM WORDING: Approval of a resolution for an extension of 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) until October 28, 2012. 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 "Caya 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. Subsequently, the applicant received a one year extension pursuant to the Monroe County Land Development Code. To date, a building permit application relating to the scope of work has not been submitted. Thereby, the current deadline(s) 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, March 2010 and 2012. The current reservation will expire May 19, 2012 and Mr. Beal is requesting an extension of time to the affordable housing reservation. As of April 19, 2012, Mr. Beal has not applied for Building Permits for the proposed employeelaffordable housing. PREVIOUS RELEVANT COMMISSION ACTION: January 19, 2012 — BOCC approved resolution 016-2012 reserving 16 affordable dwelling unit allocations for Caya Place LLC. 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: NIA STAFF RECOMMENDATION: Approval TOTAL COST: NIA INDIRECT COST: BUDGETED: Yes No N/A COST TO COUNTY: NIA SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes No N/A AMOUNT PER MONTH: N/A Year _ APPROVED BY: County Attorney X OMB / Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # •ii,Ui SOLUTION0, 1 r 1 fW r f 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 10, 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 until March 31, 2011; and WHEREAS, the developer did not commence construction of the 16 affordable housing units by March 31, 2011 and therefore the ROGO allocations and "H" reservation expired March 31, 2011; and WHEREAS, the BOCC, on January 19, 2012 approved Resolution 016-2012 for a four month reservation of 16 affordable housing allocations for the Caya Place LLC affordable housing project until May 19, 2012; and WHEREAS, the developer has requested an extension for the "H" value reservation and 16 affordable dwellings unit allocations; and WHEREAS, because of the current economic conditions, the developer wants an assurance that the reserved allocations of the 16 affordable housing units for the proposed development to Caya Place LLC will be available; and WHEREAS, an extension of the minor conditional use was granted so that the developer must apply for building permits by October 28, 2012; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1: The Monroe County Planning Department shall extend the reservation for sixteen (16) affordable ROGO allocations of workforce housing for the Caya Place LLC project on Big Pine Key until October 28d, 2012. Section 2: The developer must obtain the building permits for the sixteen (16) affordable/employee housing on or before October 28", 2012. 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. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 16'h day of May, 2012. Mayor Heather David Rice Mayor Pro Tern Kim Wigington Commissioner Heather Carruthers Commissioner George Neugent Commissioner Sylvia Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor David Rice (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK MIOAPPRO OUNTY TFORMEYm DEPUTY CLERK