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Item H2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: February 18, 2009 Division: Growth Management Bulk Item: Yes No X- Department: Planning & Environmental Resource Staff Contact Person: Kathv Grasser, Comprehensive Planner AGENDA ITEM WORDING: Approval of a resolution extending the deadline until March 19, 2010 for the reservation of the "H" value and for the award of sixteen (16) affordable dwelling unit allocations 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 has expressed his intention to develop sixteen (16) units of affordable housing for the Caya Place LLC project on Big Pine Key at a location commonly known as Skeeter's Marine. The BOCC at its March 19, 2008 meeting granted the reservations of the affordable housing dwelling unit allocations with the stipulation that if building permits were not issued within a year the allocations automatically revert to the County (Resolution 077-29008). The developer agreed to abide by Monroe County Code Affordable Housing guidelines and requirements and all applicable Building Code and Planning requirements as well as all other appropriate regulatory agencies of the County, State or Federal Government. The County is required to maintain a certain amount of land to provide habitat for the Key Deer and other endangered species which relates to the possible harvest ("H") of the species related to development. The BOCC at its October 15, 2008 meeting granted reservation of the "H" value necessary for a proposed affordable dwelling unit development for Caya Place LLC. PllliVIOUS llliLEVANT COMMISSION ACllON: On March 19, 2008, the BOCC approved Resolution 077-2008 reservmg 16 affordable dwelling unit allocations for Caya Place LLC. On October 15, 2008, the BOCC approved Resolution 346-2008 reserving the "H" value necessary for a proposed affordable dwelling unit development for Caya Place LLC. CONTRACT/AGREEMENT CHANGES: N! A ST AFF RECOMMENDATION: Approval TOTAL COST: N/A INDIRECT COST: BUDGETED: Yes No N/A COST TO COUNTY: NI A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes No N/A AMOUNT PER MONTH: N/A Year APPROVED BY: County Attorney _ OMB I Purchasing _ Risk Management_ DOCUMENTATION: Included--X- Not Required_ DISPOSITION: AGENDA ITEM # RESOLUTION NO. -2009 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS EXTENDING THE DEADLINE UNTIL MARCH 19, 2010 FOR THE RESERVED SIXTEEN AFFORDABLE DWELLING UNIT ALLOCATIONS (RESOLUTION 077-2008) AND FOR THE RESERVED "H" VALUE NECESSARY FOR A PROPOSED AFFORDABLE DWELLING UNIT DEVELOPMENT (RESOLUTION 346-2008) ON BIG PINE KEY FOR CAY A PLACE LLC ON THE EASTERN PARCEL (RE 00111078.000000) OF PROPERTY LOCATED AT 30641 US HIGHWAY 1 (COMMONLY KNOWN AS SKEETER'S MARINE) AND INCLUDING THE SAME SET 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 effect 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 n.l.l~AI!..l"~, lHe UC\CIUpCIl> H<1VC ICglllllWlC llCeUl> IUI l>UHIC <1:Sl>wum;c lllUt UllUl:UllUIW urc IIllUl:t 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 extend possible; and WHEREAS, the BOCC, on March 19, 2008, approved Resolution 077-2008 reservmg 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 a proposed affordable dwelling unit development for Caya Place LLC; and WHEREAS, the developer wants an assurance that the reserved allocations of the 16 affordable housing units and the "H" value necessary for proposed development to Caya Place LLC will be available and has agreed to comply with the conditions set forth; and WHEREAS, the developer, Caya Place LLC, will abide by all conditions and terms set forth in Resolutions 077-2008 and 346-2008 (Exhibits A-I and A-2); and WHEREAS, the owner of the property has made progress in submitting plans for the Project and has submitted a minor conditional use application. Page 2 of 3 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 of sixteen (16) affordable ROGO allocations of workforce housing for the Caya Place LLC project on Big Pine Key until March 19,2010. Section 2: The Monroe County Planning Department shall extend the reservation of the "H" value necessary for the proposed affordable dwelling unit development until March 19, 2010. Section 3: If building permits for the related units are not issued within one (1) year from March 19, 2009, the reservation of the sixteen (16) affordable ROGO allocations and the "H" value shall automatically without further County action revert to the County. Section 4: The developer, Caya Place LLC, has committed, as per his correspondence to Growth Management dated February 22, 2008 (Exhibit A-3), to abide by Monroe County Code Affordable Housing guidelines and requirements, all applicable Building Code requirements, and requirement of the Planning Department. Section 5: The developer, Caya Place LLC, has further committed in the same correspondence (Exhibit A-3) to abide by the requirements of all other appropriate regulatory agencies of the County, State, or Federal Government, including but not 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 6: 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 19th day of February, 2009. Mayor George Neugent Mayor Pro Tern Sylvia Murphy Commissioner Kim Wigington Commissioner Heather Carruthers Commissioner Mario Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor George Neugent (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK MO DEPUTY CLERK Page 3 of3 EXHIBIT A-I RESOLUTION NO. 346 -2008 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS DIRECTING RESERVATION OF THE "8" VALUE NECESSARY FOR A PROPOSED AFFORDABLE DWELLING UNIT DEVELOPMENT ON BIG PINE KEY FOR CA YA PLACE LLC ON THE EASTERN PARCEL (RE 00111078.000000) OF PROPERTY LOCATED AT 30641 US mGHWAY 1 (COMMONLY KNOWN AS SKEETER'S MARINE) AND SE1TING TERMS AND CONDmONS 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, 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 developers' investments and commItments to embarking upon affordable/workforce housing projects, in the face of the time it takes to fu1Jy 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, the BOCC by Resolution 077-2008 allocated 16 units of affordable to Caya Place LLC on March 19, 2008 which resolution is attached as Exhibit A; and WHEREAS, the County is required to maintain a certain amount of land to provide habitat for the Key Deer and other endangered species which relates to the possible harvest ("H") of the species related to development; and WHEREAS, residential ROGO allocations on a parcel are subject to a debit to the County's "H"bank; 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, the developer wants an assurance that the "If' value will be available before pre-development expenses are incurred; and WHEREAS, there is sufficient "H" to reserve what is necessary for the Caya Place development; 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, FWRIDA that: Section 1: The Monroe County Planning Department shall direct and approve the reservation and set aside of enough "H" value until March 18, 2009, the date the ROGO reservation for the 16 allocations expires, at which time the "If' reverts to the county with no further action by the county. Section 2. All regulations of the County, State and Federal governments are to be followed by the applicant and the county. Section 3: The Planning and Building Staff are hereby authorized to process expeditiously all permit related applications for the above-referenced project. It" ~~Jj'n ,,~ .to nnDT'I:'ft 1-_. ..I- _ n _ _ .. p,.. .,.., t.,oumy, !'IOnaa at a reguldr 11leetmg held on the ---15..th day of October 2008. Mayor Mario Di Gennaro Yes Mayor Pro tern Charles "Sonny" McCoy Yes Commissioner Dixie Spehar Yes Commissioner Sylvia Murphy Yes Commissioner George Neugent Yes ::t ,...., 0 ~ 0 ~ :r: )> c:lI:>> ,.... :;::Jnz 0 . n (:) r-;' .. -t p,--., ..,.. N ~ ('j. ,. .l """)C,' 0 / --- : " ~~~~~ :li: -. --., -" ~ ,-. - I , <:':) :> : .J C BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLO~A BY: ~IJ~ Mayor Mario DiGennaro MONROE COUNTY ATTORNEY APPROVED AS ORM: 2 EXHIBIT A-2 RESOLUTION NO. 077 -2008 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS DIRECflNG USERY ATION FOR AWARD OF SIXTEEN AFFORDABLE DWELLING UNIT ALLOCATIONS FOR CAVA PLACE LLC WORKFORCE HOUSING UNITS ON THE EASTERN PARCEL (RE 00111071.000000) OF PROPERTY LOCATED AT 30641 US HIGBW AY 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 wlit allocations, including implementation of effective long.term preservation mechanisms; and . ... C.. .a . 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 transfonn 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 shalt 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 or 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 often (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: SedlOD 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. Seetin 1: If building 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. SeedoD Z: 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. SeetIon 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. Seet10D 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 19thdayof March 2008. Mayor Charles "Sonny" McCoy Yes Mayor Pro Tern Mario Di Gennaro Yes Commissioner Dixie Spehar Yes Commissioner Sylvia Murphy Yes Commissioner George Neugent Ye. BOARD OF COUN1Y COMMISSIONERS OF MONROE CO , FLORIDA """':"I:":-".~";..:~'.'" ;.....: '~'A.;,~,. ......'il,::......~-~l . I..~;.:: ;..~.~~'~ f'~. ';. ..- \ \';\ \ \~ hi '. l~' ,', lp..~. \ \L1f~\r' ~;~~;!.~~.;~:jb: ..;' BY: ; cr:::.'~. Deputy Clj :x c i c .; 1 :z: > .- ::Dn~ 5! . o -... ~ l"I't!::=< ~ ;::) ("") ':" I- N ., on. CD ' ... .....-- .:; .;:: ~~..~ 4_, ~ ~ \-~ ~ ;',\ :<:-:::. . '. ." .-' ~ .J r- ..I .. .:i > r" Q 'J '" J 3 EXHIBIT A-3 PO Box 430273 Big Pine Key, FI 33043 305-872-9048 - www.eay.plaee.eom 212212008 Monroe County Growth Management 2798 Overseas Hwy. Suite # 41 0 Marathon. FI 33050 Andrew Tr1Yetta, Please find below the scope of the Caya Place project and the conditions I understand and accept. 1, 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 REI 0011178-000000. before further expenditures are incurred. 2. I will abide with all the Monroe County Code Iawa and previsionS of affordable I employee h'ousing 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. Of. 'UlIU':Il:tUllllU UIIll~ u,,, n....,. 0 II" IV' gty ""IV ""y I~UIla1) HIlUYi:lUVII. 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.