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Item J4 J.4 Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS �� Mayor David Rice,District 4 The Florida Keys � Mayor Pro Tem Craig Cates,District 1 y Michelle Coldiron,District 2 James K.Scholl,District 3 Ij Holly Merrill Raschein,District 5 County Commission Meeting June 15, 2022 Agenda Item Number: J.4 Agenda Item Summary #10698 BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2500 n/a AGENDA ITEM WORDING: Approval of a Resolution to extend reservation of Twenty-Eight (28) Affordable Housing ROGO Allocations (14 Low-Income and 14 Median-Income), pursuant to Monroe County Code Section 138-24(b)(2), Owner South Cliff Holdings LLC, for property more particularly described as 95295 Overseas Highway, Section 13, Township 62, Range 38 Part Tract 6, Southcliff Estates, Key Largo, having Property Identification Number 00483370-000100 and Lots 1 & 2, Block 1 Revised Plat of Sunrise Point Key Largo, currently having Property Identification Number(s) 00484390-000000 and 00484400-000000, until October 17, 2022. ITEM BACKGROUND: South Cliff Holdings LLC, Frank Pla Manager is requesting an extension of the reservation for twenty-eight(28) affordable ROGO allocations (14 low-income and 14 median-income) pursuant to Monroe County Land Development Code Section 138-24(b)(2). The applicant has requested a ninety-day extension for the deadline to pick up building permits for the reserved allocations/dwelling units to October 17, 2022. Packet Pg. 1948 South ClIfff Holdings LLC. 152 7 Shaw OT. Key Lairgo,FL.33037 5/31/2022 Monroe County Plainining Departiment Attin:Tliffany St:ainikiieMc:z 2 798 Overse!as HI ighway#400 Mairathion FL,33050 RE::REQUEST FOR 90 DAY EXTENSION OF TIMIE BOCC RESOLUTION 116-�2021 P'arcels#W483370-000101G,900484390"000000&.#004E4400-000000 Tiiffaniy, I aim requesting a 90 day extension of lime tic,piclk up,Permits. Cuirrent Permits&.Status 1� Permit 213011343 Site Plain —APPROVED-Pending Approvall of Deed Restriction 2� Permit 213018'88 Building I APPROVED-PendingApprovall of Deed Restriction 3� Permit 213018'89 Building 2 APPROVED-PendingApprovall of Deed Restriction Q F'Ormit 213018+90 Buddini APPROVED-IPendiingApprourall of Dee!ld Restriction S Permit 223004,115S Building 4 APPROVED-PerildingApprovall of Dee!ld Restriction G) Permit 223004,1156 Building 5 APPROVED-PerildingApprovall of Dee!ld Restriction 7� Permit 223004457 Building 6 APPROVED-IPendlingApprovall of Dee!ld Restriction 9) Permit 223004458 Building 7 APPROVED-PendingApprovall of Deed Restriction 9) Permit 22300469 Building 8 APPROVED-PendingApprovall of Deed Restriction 10) Permit 22300470 Building 9 APPROVED-PendingApprovall of Deed Restriction 11) F'Ormit 223004:72 Building 10-APPROVED-Pending ApprDVall of Deed Restriction 12) Permit 22300472 Building 11-APPROVED-Pending Approviall of Deed Restriction 13) Permit 2230047.3 01 Blidg.-Pending coirrections reviews&Flood Certification IDatai 14) Permit 2812.37-330-IDWC-CM ISSUIED i DEPARTMENT OF EINVIRGINIMEINTAL PROTECTION Deli aire aretriibute!ld to,- 1� EingineileriingdlElBySiiinreisponisi!stoC�ourny correction ireiq)uest.ugrowwdlliniflRuenicedl) 2� Eingine!leriing,dlelaysiiinprocessiing t�lh,eFilorii,daiDE'TP'ermilit.(comiple!.x�ity) 3� Prepairation of Dee!ld R estriction Documilents Iiiin for Monroe ffamwnty Legiall review thiis week,� Q Re!lbulildFlorii,dalProj,ects�app,r,o�imiati?IyEO (have.stressed comilpain,yire!.souirrL- Alftbougjh it Ise still possible the IPermIitts The released IbV deadfine June 171",2022 11 ami requesting the BOCC Pliease grant the 90 days requested A�z Frank J.Pla Mainager South Cliff Holdings LLC. The proposed development would be on the parcels outlined in blue below: Packet Pg. 1949 , y ID m j� 1 � 4�,7�4t�'ar e ro e� is located at a proxim ate mile marker 95.5 in Tavernier/Key Largo: %,/'/�� it i���f //f/flh fN� pp �p ,��r ., lr•'" I „,Ln�..0 nr a I /r r u r f� w"/ 'S,Sra� p���@ a 1J �f�,✓� �""^/����lr;iri ( ./ � `. S a rkp � � 4 �f �l. °�'��/�%fir�r ✓ 9 a SU9&,}!p,,A $ �4., fire SJ � 6✓� rdfd� 1 �" i✓i�If�%� wa � d� Riehl Alice Living Trust and Armando and Maria C. Cabrera applied for a Major Conditional Use Packet Pg. 1950 J.4 Permit on August I Vh, 2020 for twenty-eight (28) affordable/employee housing units. The development is also known as "Southcliff Estates." The major conditional use application fee was waived pursuant to the County's Planning Fee Schedule exemption for affordable housing projects (per BOCC Resolution No. 346-2018). On February 24th, 2021, the Planning Commission held a public hearing to consider the requested major conditional use permit for 28 attached residential dwelling units designated as affordable employee housing, and approved that request, with conditions (Planning Commission Resolution No. PO4-21). South Cliff Holdings LLC, the current property owner, has applied to the Building Department for the following building permit applications for affordable housing units. Permit Applied No. Name Date Real Estate No. 21301890 South Cliff Holdings LLC 9/16/2021 483370000000 21301889 South Cliff Holdings LLC 9/16/2021 484390000000 21301888 South Cliff Holdings LLC 9/16/2021 484400000000 22300472 South Cliff Holdings LLC 3/16/2022 483370000100 22300471 South Cliff Holdings LLC 3/16/2022 483370000100 22300470 South Cliff Holdings LLC 3/16/2022 483370000100 22300469 South Cliff Holdings LLC 3/16/2022 483370000100 22300468 South Cliff Holdings LLC 3/16/2022 483370000100 22300467 South Cliff Holdings LLC 3/16/2022 483370000100 22300466 South Cliff Holdings LLC 3/16/2022 483370000100 223004651 South Cliff Holdings LLC 3/16/2022 483370000100 Relevant Land Development Code Section: Monroe County Land Development Code Section 138-24 (b) Reservation of affordable housing allocations. Notwithstanding the provisions of Section 138-26 for awarding of affordable housing allocations, the BOCC may reserve by resolution some or all of the available affordable housing allocations for award to certain sponsoring agencies or specific housing programs consistent with all other requirements of this chapter. Building permits for these reserved allocations shall be picked up within six months of the effective reservation date, unless otherwise authorized by the BOCC in its resolution. The BOCC may, at its discretion, place conditions on any reservation as it deems appropriate. These reservations may be authorized by the BOCC for: (1) The county housing authority, nonprofit community development organizations, pursuant to Section 139-1(e), and other public entities established to provide affordable housing by entering into a memorandum of understanding with one or more of these agencies; (2) Speci ac affordable or employee housing projects participating in aefederal/state housiLig financial assistance or tax credit program or receivin some ome eform of direct financial assistance from the county upon written request from the project sponsor and Packet Pg. 1951 J.4 approved by resolution of the BOCC; (3) Specific affordable or employee housing projects sponsored by nongovernmental not-for-profit organizations above upon written request from the project sponsor and approved by resolution of the BOCC; (4) Specific affordable or employee housing programs sponsored by the county pursuant to procedures and guidelines as may be established from time to time by the BOCC; (5) Specific affordable or employee housing projects by any entity, organization, or person, contingent upon transfer of ownership of the underlying land for the affordable housing project to the county, a not-for-profit community development organization, or any other entity approved by the BOCC, upon written request from the project sponsor and approved by resolution of the BOCC; or (6) Rental employee housing projects situated on the same parcel of land as the nonresidential workplace for the tenants of these projects, upon written request from the property owner and approved by resolution of the BOCC. PREVIOUS RELEVANT BOCC ACTION: March 17, 2021, the BOCC approved Resolution 116-2021 for a reservation of twenty-eight (28) affordable housing allocations to July 17, 2022. CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Approval. DOCUMENTATION: BOCC EXTENSION REQUEST 2 Southcliff Southcliff Reso. 2021-116 Reso Southcliff Reservation FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Packet Pg. 1952 J.4 Grant: County Match: Insurance Required: NA Additional Details: REVIEWED BY: Emily Schemper Completed 05/31/2022 3:12 PM Peter Morris Completed 05/31/2022 3:34 PM Purchasing Completed 05/31/2022 3:49 PM Budget and Finance Completed 05/31/2022 3:59 PM Brian Bradley Completed 05/31/2022 4:18 PM Lindsey Ballard Completed 05/31/2022 4:20 PM Board of County Commissioners Pending 06/15/2022 9:00 AM Packet Pg. 1953 J.4.a South Cliff Holdings LLC. 1527 Shaw Dr. Key Largo, FL 33037 5/31/2022 U qb Monroe County CL Planning Department Attn:Tiffany Stankiewicz CD 2798 Overseas Highway#400 Marathon FL, 33050 e RE: REQUEST FOR 90 DAY EXTENSION OF TIME BOCC RESOLUTION 116-2021 _ Parcels#00483370-000100,#00484390-000000&#00484400-000000 (D Tiffany, 1 am requesting a 90 day extension of time to pick up Permits. Current Permits&Status 1) Permit 21301943 Site Plan —APPROVED-Pending Approval of Deed Restriction 2) Permit 21301888 Building 1 -APPROVED-Pending Approval of Deed Restriction 3) Permit 21301889 Building 2 -APPROVED-Pending Approval of Deed Restriction 4) Permit 21301890 Building 3 -APPROVED-Pending Approval of Deed Restriction as 5) Permit 22300465 Building 4 -APPROVED-Pending Approval of Deed Restriction 6) Permit 22300466 Building 5 -APPROVED-Pending Approval of Deed Restriction 7) Permit 22300467 Building 6 -APPROVED-Pending Approval of Deed Restriction 8) Permit 22300468 Building 7 -APPROVED-Pending Approval of Deed Restriction 9) Permit 22300469 Building 8 -APPROVED-Pending Approval of Deed Restriction 10) Permit 22300470 Building 9 -APPROVED-Pending Approval of Deed Restriction 04 11) Permit 22300471 Building 10-APPROVED-Pending Approval of Deed Restriction 12) Permit 22300472 Building 11-APPROVED-Pending Approval of Deed Restriction 13) Permit 22300473 Office Bldg.-Pending corrections reviews& Flood Certification Data CY 14) Permit 281237-330-DWC-CM ISSUED by DEPARTMENT OF ENVIRONMENTAL PROTECTION Delays are attributed to- 1) Engineering delays in responses to County correction request. (covid influenced) 2) Engineering delays in processing the Florida DEP Permit.(complexity) 3) Preparation of Deed Restriction Documents(in for Monroe County Legal review this week) 4) Rebuild Florida Projects(approximately 50) have stressed company resource Although it is still possible the Permits be released by deadline June 171h, 2022 1 am requesting the BOCC Please grant the 90 days requested. E Frank J. Pla Manager South Cliff Holdings LLC. Packet Pg. 1954 0' L- CL 0 0 U) 0 0 0 U) .2 M 0 (n CN w w w z 0 (n z w x w U U 0 m E .a u Packet Pg. 1955 J.4.b F 11 1 rw w„yd ri 2 RESOLUTION NO. -2022 3 4 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY 5 COMMISSIONERS APPROVING THE RESERVATION EXTENSION 6 OF TWENTY-EIGHT (28)AFFORDABLE ROGO ALLOCATIONS (14 7 LOW INCOME AND 14 MEDIAN) FOR PROPOSED EMPLOYEE 0 8 HOUSING DWELLING UNITS ON PROPERTY OWNED BY SOUTH 9 CLIFF HOLDINGS LLC LOCATED 95295 OVERSEAS HIGHWAY, 10 SECTION 13, TOWNSHIP 62, RANGE 38 PART TRACT 6, 11 SOUTHCLIFF ESTATES, KEY LARGO, APPROXIMATE MILE 12 MARKER 95.5, HAVING PROPERTY IDENTIFICATION NUMBER 0 13 00483370-000100, AND FOR PROPERTY LOCATED ON LOTS 1 & 21 14 BLOCK 1 REVISED PLAT OF SUNRISE POINT, KEY LARGO 15 HAVING PROPERTY IDENTIFICATION NUMBER(S) 00484390- 16 000000 AND 00484400-000000 AS REQUESTED BY FRANK PLA, 0 17 UNTIL OCTOBER 17, 2022 FOR BUILDING PERMIT ISSUANCE. 0 18 19 WHEREAS, the State of Florida and all local governments in the Florida Keys (each subject to 20 Area of Critical State Concern mandates relating to housing affordability) recognize the need for 21 affordable housing throughout the state and particularly in the Florida Keys where developable land for 2 22 housing is extremely limited and expensive; and < 23 a 24 WHEREAS, the challenge of providing affordable housing opportunities in the Florida Keys is 25 one requiring sensible and responsive use of residential unit allocations, including implementation of d 26 long-term preservation mechanisms; and 27 28 WHEREAS, due consideration should be given to relevant factors such as the capacity for 29 allocation recipients to promptly transform allocation awards/reservations into finished and occupied 30 affordable/workforce housing units; and 0 31 32 WHEREAS, Section 138-24(b)(2) of the Monroe County Land Development Code allows 33 the BOCC to authorize reservations for "specific affordable or employee housing projects 34 participating in a federal/state housing financial assistance or tax credit program or receiving some 35 form of direct financial assistance from the county upon written request from the project sponsor and 36 approved by resolution of the Board of County Commissioners," and 37 38 WHEREAS, South Cliff Holdings, LLC are proposing to develop the properties with twenty- 39 eight(28) affordable employee housing units; and 40 41 WHEREAS, the reservation of affordable housing allocations for the anticipated project does 42 not exempt the project from applicable requirements for the Monroe County Land Development 43 Regulations, Building Code and other regulatory requirements; and 1 Packet Pg. 1956 J.4.b I WHEREAS, South Cliff Holdings, LLC shall obtain all required approvals from the Monroe 2 County Planning & Environmental Resources Department for the project; and 3 4 WHEREAS, South Cliff Holdings, LLC shall obtain permits for the affordable housing 5 dwelling units by October 17, 2022; if the permit for a reserved ROGO allocation housing unit is not 6 issued by that time,the allocation will revert to the County; 7 8 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 9 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 10 11 Section 1: The foregoing recitals are true and correct, and are hereby incorporated as if 12 fully set forth herein. CL 0 13 14 Section 2: The Monroe County Planning Department shall reserve twenty-eight(28) affordable 15 ROGO allocations (14 low income and 14 median income), for the project at 95295 Overseas 16 Highway, Section 13, Township 62, Range 38 Part Tract 6, Southcliff Estates, Key Largo, having 17 Property Identification Number 00483370-000100, and Lots 1 & 2, Block 1 Revised Plat of Sunrise 18 Point Key Largo, have Property Identification Number(s) 00484390-000000 and 00484400-000000 19 until October 17, 2022. 0 20 0 21 Section 3: The developer must obtain the building permits for the twenty-eight (28) 22 affordable/employee housing on or before October 17, 2022. U) 23 24 Section 4: The developer shall comply with all Monroe County requirements, all applicable 0 25 Building Code requirements, and any other oversight agencies. 26 Z 27 Section 5: The Planning and Building Department Staff is hereby authorized to process 28 expeditiously permit related applications for the above referenced project when received. d 29 30 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida 31 at a regular meeting held on the 15th day of June, 2022. 32 33 Mayor David Rice n 34 Mayor Pro Tern Craig Cates 35 Commissioner Michelle Coldiron E E 36 Commissioner James Scholl 37 Commissioner Holly Merrill Raschein 38 39 BOARD OF COUNTY COMMISSIONERS OF MONROE 40 COUNTY, FLORIDA 41 BY 42 Mayor David Rice 43 (SEAL) 44 ATTEST: KEVIN MADOK, CLERK MONAOE COUNTY ATTORNEY 45 � V c - ,.,. 46 AS DEPUTY CLERK Date: 2 Packet Pg. 1957 J.4.c 4' 1 °c 2 RESOLUTION NO. 116 -2021 3 c 4 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY 5 COMMISSIONERS APPROVING THE RESERVATION OF TWENTY- 6 EIGHT (28) AFFORDABLE ROGO ALLOCATIONS (14 LOW 7 INCOME AND 14 MEDIAN) FOR PROPOSED EMPLOYEE 8 HOUSING DWELLING UNITS ON PROPERTY OWNED BY RIEHL 9 ALICE LIVING TRUST LOCATED 95301 OVERSEAS HIGHWAY, 10 SECTION 13, TOWNSHIP 62, RANGE 38 PART TRACT 6, 11 SOUTHCLIFF ESTATES, KEY LARGO, APPROXIMATE MILE l2 MARKER 95.5, HAVING: PROPERTY IDENTIFICATION NUMBER 13 00483370-000000, AND PROPERTY OWNED BY ARMANDO & 14 MARIA C. CABRERA, FOR PROPERTY LOCATED ON LOTS 1 & 2, 15 BLOCK 1 REVISED PLAT OF SUNRISE POINT, KEY LARGO 16 HAVING PROPERTY IDENTIFICATION NUMBER(S) 00484390- 17 000000 AND 00484400-000000 AS REQUESTED BY FRANK PLA, AS .2 18 AUTHORIZED BY THE PROPERTY OWNERS, RIEHL ALICE 19 LIVING TRUST AND ARMANDO & MARIA C. CABRERA, UNTIL 20 JULY 17, 2022 FOR BUILDING PERMIT ISSUANCE. 21 c 22 WHEREAS,the Stale of Florida and all local governments in the Florida Keys (each subject to 23 Area of Critical State Concern mandates relating to housing affordability) recognize the need for 24 affordable housing throughout the state and particularly in the Florida Keys where developable land for 25 housing is extremely limited and expensive; and 26 27 WHEREAS, the challenge of providing affordable housing opportunities in the Florida Keys is 28 one requiring sensible and responsive use of residential unit allocations, including implementation of 0 29 long-term preservation mechanisms; and e 30 31 WHEREAS, due consideration should be given to relevant factors such as the capacity for 32 allocation recipients to promptly transform allocation awardslreservations into finished and occupied 33 affordable/workforce housing units; and c14 a4 -. - c14 35 WHEREAS. Section 138-24(b)(2) of the Monroe County Land Development Code allows ; 36 the BOCC to authorize reservations for "specific affordable or employee housing projects participating 37 in a federal/state housing financial assistance or tax credit program or receiving some form of direct 38 financial assistance from the county upon written request from the project sponsor and approved by 39 resolution of the Board of County Commissioners." and < 40 41 WHEREAS, Frank Pla, as authorized by the current property owners, Riehl Alice Living Trust 42 and Armando & Maria C Cabrera, are proposing to develop the properties with twenty-eight (28) 43 affordable employee housing units:and I Packet Pg. 1958 J.4.c 1 2 WHEREAS,(lie reservation of affordable housing allocations for the anticipated project does not 3 exempt the project from applicable requirements for the Monroe County Land Development Regulations, 4 Building Code and other regulatory requirements; and 5 6 WHEREAS, Riehl Alice Living 'Trust and Armando & Maria C Cabrera shall obtain all 7 required approvals from the Monroe County Planning & Environmental Resources Department for the CL 8 project_and o 9 10 WHEREAS, Riehl Alice living Trust and Armando & Maria C Cabrera shall obtain permits 1 I for the affordable housing dwelling units by July 17,2022, if the permit for a reserved ROGO allocation 12 housing unit is not issued by that time.the allocation will revert to the County: 13 14 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 15 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 16 17 Section 1: The foregoing recitals are true and correct,and are hereby incorporated as if fully 18 set forth herein. 19 20 Section 2: Tile Monroe Count}, Planning Department shall reserve twenty-eight (28) affordable 21 ROGO allocations{14 low income and 14 median income), for the project at 95301 Overseas Highway, 22 Section 13. Township 62, Range 38 Part Tract 6, Soutlicliff Estates, Key Largo, (laving Property ,2 23 identification Number 00483370-000000, and Lots I & 2, Block 1 Revised Plat of Sunrise Point Key 24 Largo, have Property identification Number(s) 00484390-000000 and 00484400-000000 until July 25 17, 2022. 26 27 Section 3: The developer must obtain the building permits for the twenty-eight (28) 28 affordable/employee housing units on or before June 17"', 2022. 29 30 Section 4: "rhe developer shall comply with all Monroe County requirements, all applicable 31 Building Code requirements, and any other oversight agencies. 32 n 33 Section 5: The Planning and Building Department Staff is hereby authorized to process U) 34 expeditiously pennit related applications for the above referenced project when received. 35 36 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 37 Florida at a regular meeting held on the 17th day of March. 2021. N 38 39 Mayor Michelle Coldiron _Yes 40 Mayor Pro Tern David Rice Yes c� 41 Comm i ss ioner Crai g Cates Yes 42 Commissioner Eddie Martinez Yes_ 43 Commissioner Mike Forster Yes 44 45 2 of 3 Packet Pg. 1959 J.4.c 1 2 BOARD OF COUNTY COMMISSIONERS OF MONROE 3 COUNTY, FLORIDA _ 4 � BY: 1 Mayor Michelle Coldiron CL N MADOK, CLERK =-X MONROE CQ A'f TQRNEY APP TO FORM PETER MORRIS 2 13 AS DEPi.? Y CLERK ASSISTANT COUNTY ATMnNEN ❑ate: 2/19/21 U) U) c2 Z c U) 0 3 ^* cam ' 0 — U) - , CN 1 CN C7 fw t 3 of 3 Packet Pg. 1960