Item I4BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 15, 2008 Division: Growth Management
Bulk Item: Yes X No — Department:
Staff Contact: Andrew O. Trivette
AGENDA ITEM WORDING:
Approval of a resolution reserving the "H" value necessary for a proposed 16 unit affordable housing
development on Big Pine Key located at 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 affordable housing dwelling unit
allocations with the stipulation that if building permits where not issued within a year the allocations
will automatically revert to the County (Resolution 077 - 2008). 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 owner has requested this reservation of "H" for the project prior to
proceeding with the application process.
PREVIOUS RELEVANT BOCC ACTION:
March 2008 – BOCC approved Resolution 077 -2008 reserving 16 Affordable Dwelling Unit
Allocation awards.
CONTRACT /AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: N/A
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes _ No _ AMOUNT PER MONTH Year
APPROVED BY: County Atty X OMB/Purchasin Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION:
BUDGETED: Yes No
AGENDA ITEM #
Revised 11/06
RESOLUTION NO. -2008
A RESOLUTION OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS DIRECTING RESERVATION OF THE "H"
VALUE NECESSARY FOR A PROPOSED AFFORDABLE 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) 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 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
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, 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 "H" value will be
available before pre - development expenses are incurred; and
WHEREAS, there is sufficient "IT' 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, FLORIDA 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 "H" 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.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting held on the day of
2008.
Mayor Mario Di Gennaro
Mayor Pro tem Charles "Sonny" McCoy
Commissioner Dixie Spehar
Commissioner Sylvia Murphy
Commissioner George Neugent
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor Mario DiGennaro
(SEAL)
ATTEST. DANNY L. KOLHAGE, CLERK
Deputy Clerk
MONROE COUNTY ATTORNEY
APPROVED AS ORM:
SUSAN M. G SLEY
ASSISTANT C LINTY ATTQRNEY
Date , _s' .ct- i . ��aa� a�51'
2
EXHIBIT A -1
RESOLUTION NO. 077 -2008
A RESOLUTION OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS DIRECTING RESERVATION
FOR AWARD OF SIXTEEN AFFORDABLE DWELLING
UNIT ALLOCATIONS FOR CAYA PLACE LLC
WORKFORCE HOUSING UNITS ON THE EASTERN
PARCEL (RE 00111078.000000) OF PROPERTY LOCATED
AT 30641 US HIGHWAY 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 unit allocations,
including implementation of effective long -term preservation mechanisms; and
WHEREAS, the owner of the property has expressed his intention to develop
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 transform 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 shall 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 of 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 of ten (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:
Section l: 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.
Section 2: 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.
Section 2 : 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.
Section 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.
Section 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 19t hday of March ,
2008.
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Mario Di Gennaro
Commissioner Dixie Spehar
Commissioner Sylvia Murphy
Commissioner George Neugent
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Deputy Cie
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Yes
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BOARD OF COUNTY COMMISSIONERS
OF MONROE CO Y, FLORIDA
BY:
Mayor Charles" onny" McCoy
L. KOLHAGE, CLERK
APPROVE S TO FORM:
County 06mey
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EXHIBIT A -2
G aya place PQ Box 430273
LLC Big Pine Key, Fi 33043
•4 1 305- 872 -9040 — www.cayaplace.com
2/22/2008
Monroe County Growth Management
2798 Overseas Hwy. Suite # 410
Marathon, FI 33050
Andrew Trivette,
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 RE# 0011178 - 000000, before further expenditures are incurred.
2. 1 will abide with all the Monroe County Code laws and previsions of affordable I
employee housing as written in the Monroe Count Code at time of ROGO
allocation issuance.
3_ 1 will construct the houses at no cost to Monroe County.
4. 1 understand that the HCP & ITP for Big Pine Key requires mitigation.
5. 1 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. 1 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. 1 ask that the request for the above 16 ROGO allocations will be on the March
agenda of the BOCC for possible approval and award.
Rich r' deal, Presiderd
6 /�
Ca Place LLC