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Home My WebLink AboutDocumentation_Regular_Tab 10_12/9/2021Agenda Item #10. Regular Council STAFF MEMO Meeting: Regular Council - Dec 09 2021 Staff Contact: Nilsa Zacarias, Director of Community Development Department: Community Development EMW a 01 Request from KEY ESTATES TEQUESTA SR HOUSING LP to waive fees for a Development Order Time Extension. SUMMARY: i Request from KEY ESTATES TEQUESTA SR HOUSING LP to waive fees for a Development Order Time Extension. This document and any attachments may be reproduced upon request in an alternative format by completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768-0443. Cover Letter 12.2.21 r 2021 Waiver Request Time Extension Fee 2021 Time Extension Letter Time Extension issued 01.05.2018 Page 81 of 222 Agenda Item #10. LAMOMM'"SUMM, 1 WHO& 16 14 ,4&PAAWL1dW4FMFM_ Landscape Architects m Planners m Environmental Consultants GENTILE I HOLLOWAY I O'IMHONEY& Associates, Inc. December 2, 2021 NilsaZacarias, AICP —Director of Community Development Village of Tequesta 345 Tequesta Drive Tequesta, FL 33469 Re: — Development Order Time Extension Request (SEU — 02-16) Dear Nilsa, LA-0000530 George G. Gentile FASLA M. Troy Holloway ASLA Emily M. 0"Mahoney CA-SLA Provided undercover is a letter to request a development order time extension forth e 8 acre property located at 4534-46 County Line Road that proposes the development of a 96 unit senior living facility. The Owner has experienced hardship due to the ongoing COVID-19 pandemic, and seeks to extend the development order for an additional 12 months. In addition, there is a separate request to waive the time extension fees. We appreciate the Village's efforts in reviewing our request. Should you need any additional information, do not hesitate to contact our office at 561.575.9557 Respectfull 2GH07 C. Emily M O'MAHONEY 2021.12.02 09:47:57 ,1,� ��/�-05'00' Emily 0 hon y, ALA, P EED9AP, BD&C Parthe 1907 Commerce Lane, Suite 101 Jupiter, Florida 33458 561-575-9557 561-575-5260 Fax www.2gho.com Page 82 of 222 Agenda Item #10. 0 KEY ESTATES B Tequesta Council Members care of: Mrs Nilsa Zacari as, AICP Community Development Director Wednesday December 1" 2021 Dear Council Members, Subj: Waiver Request for Time Extension Fees to SPR 01 -16 In regards to our request for a time extension regarding our site plan approval (SPR01- 16), 1 wish to ask you to kindly consider waiving the time extension fee normally payable for such application. This time, delays to our project have been frustratingly caused by the COVID pandemic and the fraud proceedings against a Polish group that was attempting to develop the property, (the founders of which are now in prison in Poland for creating a pyramid scheme) the length of the said proceedings and events being beyond our control. We have been continuously paying dearly and working, extensively on solving a long- standing problem, not only for this property, but also for the Village, by attempting to remediate an environmental impact which was caused by a third party, design and build a useful service to the community which also will benefit the surrounding homes and contribute to the tax revenue of the State, County and Village. Progress on this front has been achieved, with the petroleum impact now close to being certified as being remediated and a Remedial Action Plan (RAP) having being approved - We would be grateful if we could have your help in resolving this matter. Thank you for your consideration, Yours sincerely, Thomas Faure Romanelli Manager, Key Estates US LLC, GP to Key Estates Tequesta Senior Housing LP Tel: 786 350 2911 KEY ESTATES TEQUESTA SENIOR HOUSING LP, 1 200 BRICKELL AVENUE, STEI 950, MIAMI FL 331 31 Page 83 of 222 Agenda Item #10. 0 KEY ESTATES B Attn: Mr. Jeremy Allen, Village Manager, Tequesta Village Council Village of Tequesta 345 Tequesta Drive Tequesta, FL 33469-0273 Wednesday December 1" 2021 Dear Mr. Allen, Subject: Request for a Time Extension to the SEU-02-16 Approval Order for 4534-46 County Line Road As the owners of the 8-acre property located at 4534-46 County Line Road, Village of Tequesta, we have been actively planning the development of the 96-unit Senior Housing Facility (SEU-o2-16) granted on our site. We realise that the Approval Order and its Time Extension is running out on January 12th, 2022 and ask if you would please give us more time to relaunch our project since the present pandemic, has not enabled us to proceed as expected, due to my inability to travel to the USA until this present reopening of Nov 8th 2021. Also at the end of 2019, a group from Poland that had signed a purchase and sell agreement and development partnership Metropolitan Investments) went bankrupt its founders ending up in prison where we believe they are still today. We understand they defrauded around 1,600 investors out of around $68m. The complications tied to these events have also stopped us from proceedings with our plans, even though construction drawings have been done and where ready to file. Also, being out of the country we were not aware of the development order time extensions legislation tied to the COVID 19 emergency provided by the State of Florida and were not able to apply for those as the application time expired before we became aware of that possibility. We therefore hereby bid you to kindly grant us a time extension to the SEU-02-16 Approval Order. KEY ESTATES TEQUESTA SENIOR HOUSING LP, 1 200 BRICKELL AVENUE, STEI 950, MIAMI FL 331 31 Page 84 of 222 Agenda Item #10. I remain at your disposal for any clarification and questions you may have and look forward to working with you to achieve our plans and the development of the facility. Thank you for your consideration, Yours sincerely, Ti7orniialFaure Romanelli Manager, Key Estates US LLC, GP to Key Estates Tequesta Senior Housing LP Tel: 786 350 2911 Page 2 Page 85 of 222 Agenda Item #10. or VILLAGE OF TEQUESTA 345 Tequesta Drive Tequesta, FL 33469 January 5, 2018 Mr. Thomas Faure Romanelli Manager, Key Estates US LLC GP to Key Estates Tequesta Senior Housing LP 1200 Brickell Avenue, Suite 1950 Miami, FL 33131 Re: Development Order Extension for Site Plan Review — SPR 1-16 Key Estates Tequesta Sr. Living Facility. Dear Mr. Faure Romanelli, We are in receipt of your request for a development order time extension dated August 24, 2017 and revised December 6, 2017 submitted pursuant to Section 252.363, Florida Statutes. After reviewing the Executive Orders ("EO") cited in your request, we agree that the development order granted January 12, 2017 and set to expire January 12, 2018 is extended until January 12, 2022. This extended date is based on the following permissible extensions: • Zika Orders' - 333 days plus six (6) months which includes EO 16-288 (33 days); EO 17-43 (60 days); EO 17-115 (60 days); EO 17-166 (60 days); EO 17-211 (60 days); and EO 17-260 (60 days); Hurricane Matthew — six (6) months (the tolling periods for EO 16-230, EO 16-274, EO 17-16 and EO 17-67 overlap the dates of the Zika orders and are therefore not counted twice 2); 0 Florida Wildfire — six (6) months (the tolling periods for EO 17-120 and EO 17-174 overlap the dates of the Zika orders and are therefore not counted twice), 0 Opioid Epidemic — 24 days plus six (6) months which includes EO 17-285 (24 days) (the tolling periods for EO 17-146, EO 17-177, and EO 17-230 overlap the dates of the Zika orders and are therefore not counted twice); 0 Hurricane Irma — 5 days plus six (6) months which includes EO 17-787 (5 days) (the tolling period for EO 17-235 overlaps the dates of the Zika and Opiold Epidemic orders and is therefore not counted twice); and ' Note that Executive Orders 16-149, 16-193 and 16-233 predate the development order; therefore, in accordance with 252.363(1)(a), F.S., the tolling time is not counted since the applicant did not vest any rights to development until January 12, 2017 when the development order was granted. 2 Note that guidance from the Florida Department of Economic Opportunity states "When the period of tolling for two separate emergency events overlaps, the period of the overlap is counted only once and is not added together. The premise for tolling in this case is that the event may have rendered the development incapable of developing during the tolling period, but the incapability of developing during the emergencies cannot be measured twice for the same period of time. However, because the executive orders are separate orders for separate events, there are individual six month extensions to the tolling periods for each emergency declaration." See http://www.floridajobs.orp,/communitv. pTannin g-and-developmend i)rograms/community-i)lanninR-table-of-contents/dri-buildout-extensions. Page 86 of 222 Agenda Item #10. Mr. Thomas Faure Romanelli Page 2 Hurricane Maria — six (6) months (the tolling period for EO 17-259 overlaps the dates of the Zika and Opioid Epidemic orders and is therefore not counted twice). Based on our calculations as provided above, an extension of four (4) years is granted, extending the development order until January 12, 2022. Please let us know if you have any questions or require any further information. Sincerely') Nilsa Zacarias, AICP I Community Development Director Cc: Michael Couzzol Village Manager Keith Davis., Esq., Village Legal Counsel Page 87 of 222