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Item G14 G.14 County of Monroe P W ;� w 1rJ� BOARD OF COUNTY COMMISSIONERS r,�� Mayor Craig Cates,District 1 The Florida Keys Mayor Pro Tem Holly Merrill Raschein,District 5 y Michelle Lincoln,District 2 James K.Scholl,District 3 Ij David Rice,District 4 County Commission Meeting January 18, 2023 Agenda Item Number: G.14 Agenda Item Summary #11525 BULK ITEM: No DEPARTMENT: Land Authority Governing Board TIME APPROXIMATE: STAFF CONTACT: Christine Hurley (305) 295-5180 9:25 A.M. AGENDA ITEM WORDING: Approval of a resolution authorizing the conveyance of ownership of a market rate, Rate Of Growth Ordinance (ROGO) exemption from Block 3, Lot 15, Big Pine Key, Inc. Subdivision, 148 Palmetto Avenue, RE400256790-000000 on Big Pine Key to Monroe County for redevelopment in the Monroe County Employee Housing Rental Program (MCEHRP) on Block 2, Lot 1, Sam-N-Joe Subdivision, 190 Sands Road, RE# 00300180-000100, contingent upon approval by the County of a Minor Conditional Use transferring the market rate ROGO as an affordable ROGO exemption for use, subject to a Land Use Restriction Agreement(LURA). ITEM BACKGROUND: The Land Authority acquired Block 3, Lot 15, Big Pine Key, Inc. Subdivision, 148 Palmetto Avenue, RE400256790-000000 on Big Pine Key together with one Rate Of Growth Ordinance (ROGO) exemption, as evidenced by a ROGO Exemption Letter, dated February 22, 2018 under Planning Department File 42018-R029, attached. This resolution approves the conveyance of the ROGO exemption from the Land Authority to Monroe County, contingent upon approval of a Minor Conditional Use to move the ROGO exemption to Block 2, Lot 1, Sam-N-Joe Subdivision, 190 Sands Road, RE# 00300180-000100, subject to a Land Use Restriction Agreement(LURA). The Board of County Commissioners budgeted funding to develop the receiver site for use in the Monroe County Employee Housing Rental Program (MCEHRP). ADVISORY COMMITTEE ACTION: On December 14, 2022 the Committee voted 4/0 to recommend approval of the proposed resolution. PREVIOUS RELEVANT GOVERNING BOARD ACTION: 11/15/22—MCLA discussed MCLA owned properties appropriate for development by the County in the Monroe County Employee Housing Rental Program (MCEHRP) CONTRACT/AGREEMENT CHANGES: Packet Pg. 2009 G.14 N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: Proposed Resolution ROGO Exempt Letter Aerial Photograph 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: Grant: County Match: Insurance Required: Additional Details: REVIEWED BY: Christine Hurley Completed 12/16/2022 12:49 PM Dina Gambuzza Completed 12/16/2022 5:02 PM Bob Shillinger Skipped 12/16/2022 10:07 AM Lindsey Ballard Completed 12/19/2022 10:56 AM Board of County Commissioners Pending 01/18/2023 9:00 AM Packet Pg. 2010 G.14.a RESOLUTION NO. A RESOLUTION OF THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY AUTHORIZING THE CONVEYANCE OF OWNERSHIP OF A MARKET RATE, RATE OF GROWTH ORDINANCE (ROGO) EXEMPTION FROM BLOCK 3, LOT 15, BIG PINE KEY, INC. SUBDIVISION, 148 PALMETTO AVENUE, RE#00256790-000000 ON BIG PINE KEY TO MONROE COUNTY FOR REDEVELOPMENT IN THE MONROE COUNTY EMPLOYEE HOUSING RENTAL PROGRAM (MCEHRP) ON BLOCK 2, LOT 1, SAM-N-JOE SUBDIVISION, 190 SANDS ROAD, RE# 00300180-000100, CONTINGENT UPON APPROVAL BY THE COUNTY OF A > MINOR CONDITIONAL USE TRANSFERRING THE MARKET c0 RATE ROGO AS AN AFFORDABLE ROGO EXEMPTION FOR USE, SUBJECT TO A LAND USE RESTRICTION U AGREEMENT (LURA). 0 X WHEREAS, Section 380.0666 Florida Statutes, empowers the Monroe County Comprehensive Plan Land Authority (hereinafter "Land Authority") to acquire real property with the provision found in 380.0666(3)(a). To provide affordable housing to families whose income does not exceed 160 percent of median family income for the area"; and WHEREAS, the Land Authority acquired Block 3, Lot 15, Big Pine Key, Inc. Subdivision, 148 Palmetto Avenue, RE#00256790-000000 on Big Pine Key (hereinafter it property") together with one Rate Of Growth Ordinance (ROGO) exemption, as evidenced by a ROGO Exemption Letter, dated February 22, 2018 under Planning Department File #2018-R029; and 0. L_ WHEREAS, the Land Authority seeks to transfer the ROGO exemption from the subject property to Block 2, Lot 1, Sam-N-Joe Subdivision, 190 Sands Road, RE# 00300180-000100; and E c� WHEREAS, the County adopted Resolution accepting the transfer of the ROGO exemption for use in the Monroe County Employee Housing Rental Program (MCEHRP); and WHEREAS, the Land Authority Advisory Committee considered this resolution on December 14, 2022 and voted 4/0 to recommend approval; NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY THAT: Section 1. The above recitals are true and correct and incorporated herein. Packet Pg. 2011 G.14.a Section 2. The Land Authority is authorized to convey the ROGO exemption from the Subject Property to the County subject to the Land Use Restriction Agreement (LURA) shown in Attachment "A" restricting use of the Site to affordable housing in accordance with Section 380.0666 (3)(a), Florida Statutes and contingent upon the county approving a Minor Conditional Use to move the ROGO exemption to Block 2, Lot 1, Sam-N-Joe Subdivision, 190 Sands Road, RE# 00300180-000100. Section 3. Nothing in this Resolution shall restrict the County in using the ROGO exemption for a lower income category. Section 4. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED by the Monroe County Comprehensive Plan Land Authority c0 at a regular meeting on this day of 2023. U Commissioner Craig Cates Commissioner Michelle Coldiron Commissioner Jim Scholl Commissioner Holly Raschein Chairman David Rice (Seal) N ATTEST: MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY 0 Christine Hurley David P. Rice Executive Director Chairman 0 0. 0 Approved as to form and legality c� Gregory Oropeza, Esquire Packet Pg. 2012 G.14.a Attachment "A" THIS INSTRUMENT PREPARED BY AND RETURN TO: Gregory S.Oropeza,Esq. Oropeza,Stones,&Cardenas,PLLC 221 Simonton Street Key West,FL 33040 LAND USE RESTRICTION AGREEMENT a� c� BLOCK 2, LOT 1, SAM-N-JOE SUBDIVISION, 190 SANDS ROAD, RE# 00300180- 000100; BLOCK 2, LOT 2, SAM-N-JOE SUBDIVISION, 180 SANDS ROAD, RE# 00300180-000200; BLOCK 2, LOT 17, SAM-N-JOE SUBDIVISION, 170 SANDS ROAD; U RE# 00300180-001700; AND BLOCK 2, LOT 18, SAM-N-JOE SUBDIVISION, 160 SANDS ROAD, RE# 00300180-001800 ON BIG PINE KEY U THIS LAND USE RESTRICTION AGREEMENT (hereinafter "Agreement") is made CL and entered into as of the day of 20 , between MONROE COUNTY (hereinafter "County" and the MONROE COUNTY COMPREHENSIVE PLAN LAND X AUTHORITY, a land authority pursuant to section 380.0663(1), Florida Statutes and Monroe 0 County Ordinance No. 031-1986 (hereinafter "Land Authority"), and their respective successors 0 0 and assigns. N RECITALS A. The four (4) lots subject to this Agreement are described as Block 2, Lot 1, Sam- N-Joe Subdivision, 190 Sands Road, RE# 00300180-000100; Block 2, Lot 2, Sam-N-Joe Subdivision, 180 Sands Road, RE# 00300180-000200; Block 2, Lot 17, Sam-N-Joe Subdivision, 170 Sands Road,RE#00300180-001700; and Block 2,Lot 18, Sam-N-Joe Subdivision, 160 Sands Road, RE# 00300180-001800 (hereinafter "Subject Property") on Big Pine Key, Florida. The Subject Property is more particularly described in Exhibit "A" attached hereto and incorporated 0. 0 herein. - B. The Land Authority purchased the Subject Property as affordable housing sites. C. In accordance with Land Authority Resolution No, the Land Authority has conveyed the property to the County. D. The Monroe County Board of County Commissioners adopted Resolution No. accepting the Land Authority's transfer of the Subject Property to Monroe County for development as Monroe County Affordable Employee Rental Housing. E. As a condition of receiving the Subject Property from the Land Authority, the County has agreed that the Subject Property shall comply with the affordable housing requirements specified herein. Page 1 of 6 Packet Pg. 2013 G.14.a NOW, THEREFORE, in consideration of the mutual covenants and undertakings set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, County and Land Authority do hereby contract and agree as follows: ARTICLE I COMPLIANCE WITH LAND AUTHORITY REQUIREMENTS In order to comply with the Land Authority's requirements pursuant to Section 380.0663(1), et seq.,Florida Statutes and Monroe County Ordinance No. 031-1986, County hereby covenants and agrees as follows: 1.01 The restrictions contained in this Article I shall not expire, shall run with the Subject > Property in perpetuity and shall be binding upon County, its successors, or assigns. 0 1.02 Use of the Subject Property shall be restricted to the provision of affordable housing for U families or households whose income does not exceed 160% of the Area Median Income. Nothing herein shall preclude the County or any other entity providing affordable housing on the Subject Property from setting more restrictive income limits than those imposed by C. this Agreement. 0 w 1.03 The County is responsible for ensuring compliance with the restrictions in this Article I and expressly agrees to furnish, upon the Land Authority's request, written certification W thereof. u 2 ARTICLE II CONSIDERATION In addition to other purposes,the Land Authority has conveyed title to the Subject Property to the County as an inducement to the County to restrict use of the Subject Property to affordable housing in perpetuity. In consideration of said Land Authority conveyance for the foregoing purposes, the County and the Land Authority have entered into this Agreement. 0 0 ARTICLE III RELIANCE E In performing its duties hereunder, the Land Authority may rely upon statements and certificates of the County, its tenants, and the residents of the Subject Property believed to be < genuine and to have been executed by the proper person or persons, and upon audits of the books and records of County pertaining to occupancy of the Subject Property. ARTICLE IV TERM This Agreement shall become effective upon its execution and delivery and shall remain in full force and effect without expiration,unless modified by mutual written consent of the parties. Page 2 of 6 Packet Pg. 2014 G.14.a ARTICLE V ENFORCEMENT If County defaults in the performance of its obligations under this Agreement or breaches any material covenant, agreement or warranty of County set forth in this Agreement, and if such default remains uncured for a period of thirty (30)days after written notice thereof shall have been given by the Land Authority to County, then the Land Authority may take any action at law or in equity or otherwise to address said default(s). However, if the default stated in such notice can be corrected, but not within the thirty (30) day period, and if County adopts a plan to correct or cure the default and commences the correction within the thirty (30) day period (subject to any rights > of tenants in possession of units under a valid lease agreement), and thereafter diligently pursues 0 the same to completion within such extended period, the Land Authority shall not have waived its right of enforcement if the default remains uncured after the expiration of the extended cure period. U ARTICLE VI g RECORDING AND FILING; COVENANTS TO RUN WITH THE LAND 0 X 6.01. Upon execution County shall cause this Agreement and all amendments and supplements hereto to be recorded and filed in the official public records of Monroe County and 0 shall pay all fees and charges incurred in connection therewith. W N 6.02 This Agreement and the covenants contained herein shall run with the land and shall bind, and the benefits shall inure to, respectively, County and Land Authority and their respective successors and assigns during the term of this Agreement. ARTICLE VII U) GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the 0 State of Florida, with respect to both substantive rights and with respect to procedures and 0- remedies. CL ARTICLE VIII NOTICE AND EFFECT All notices and other communications to be made or permitted to be made hereunder shall be in writing and shall be delivered to the addresses shown below or to such other addresses that the parties may provide to one another in accordance herewith. Such notices and other communications shall be given by any of the following means: (a)personal service or(b)national express air courier, provided such courier maintains written verification of actual delivery. Any notice or other communication given by the means described in subsection (a) or (b) above shall be deemed effective upon the date of receipt or the date of refusal to accept delivery by the party to whom such notice or other communication has been sent. Page 3 of 6 Packet Pg. 2015 G.14.a Land Authority: Monroe County Land Authority 1200 Truman Avenue, Suite 207 Key West, FL 33040 Attention: Executive Director County: Monroe County 1100 Simonton Street Key West, FL 33040 Attention: County Administrator a� Monroe County Office of County Attorney 0 1111 12th Street Suite 408 U c, Key West, FL 33040 Attention: County Attorney Any party may change said address by giving the other parties hereto notice of such change of address in accordance with the foregoing provisions. ARTICLE IX MISCELLANEOUS 9.01. If any provision of this Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining portions shall not in any way be affected or impaired. 0 U) 9.02. This Agreement may be simultaneously executed in multiple counterparts, all of 0 which shall constitute one and the same instrument and each of which shall be deemed to be an a� U) original. 0. 0 E c� Page 4 of 6 Packet Pg. 2016 G.14.a COUNTERPART SIGNATURE PAGE TO LAND USE RESTRICTION AGREEMENT BLOCK 2, LOT 1, SAM-N-JOE SUBDIVISION, 190 SANDS ROAD, RE# 00300180- 000100; BLOCK 2, LOT 2, SAM-N-JOE SUBDIVISION, 180 SANDS ROAD, RE# 00300180-000200; BLOCK 2, LOT 17, SAM-N-JOE SUBDIVISION, 170 SANDS ROAD; RE# 00300180-001700; AND BLOCK 2, LOT 18, SAM-N-JOE SUBDIVISION, 160 SANDS ROAD, RE# 00300180-001800 ON BIG PINE KEY IN WITNESS WHEREOF, County and Land Authority have caused this Agreement to be signed, sealed and attested on their behalf by duly authorized representatives, all as of the date first set forth above. a� WITNESSES: Monroe County 0 d U Print: g By: CL Mayor Craig Cates 0 Print: w 0 Address: 1100 Simonton Street Key West, Florida 33040 a Approved as to form and legality 0 U) Robert Shillinger, Esq. STATE OF FLORIDA 0 COUNTY OF MONROE 0- 0- The foregoing instrument was acknowledged before me by means of physical presence this day of 20_by Craig Cates as Mayor of Monroe County. Said person E is personally known to me or has produced a valid driver's license as identification. Notary Public; State of Florida Print Name: My Commission Expires: My Commission No.: Page 5 of 6 Packet Pg. 2017 G.14.a COUNTERPART SIGNATURE PAGE TO LAND USE RESTRICTION AGREEMENT BLOCK 2, LOT 1, SAM-N-JOE SUBDIVISION, 190 SANDS ROAD, RE# 00300180- 000100; BLOCK 2, LOT 2, SAM-N-JOE SUBDIVISION, 180 SANDS ROAD, RE# 00300180-000200; BLOCK 2, LOT 17, SAM-N-JOE SUBDIVISION, 170 SANDS ROAD; RE# 00300180-001700; AND BLOCK 2, LOT 18, SAM-N-JOE SUBDIVISION, 160 SANDS ROAD, RE# 00300180-001800 ON BIG PINE KEY IN WITNESS WHEREOF, County and Land Authority have caused this Agreement to be signed, sealed and attested on their behalf by duly authorized representatives, all as of the date first set forth above. > 0 WITNESSES: MONROE COUNTY COMPREHENSIVE PLAN d LAND AUTHORITY U Print: g By: CL David P. Rice, Chairman 0) Print: w Address: 1200 Truman Avenue, Suite 207 Key West, FL 33040 W N Approved as to form and legality [SEAL] Gregory S. Oropeza, Esq. 0 U) STATE OF FLORIDA COUNTY OF MONROE U) 0 The foregoing instrument was acknowledged before me by means of physical presence 0- this day of 20_, by David P. Rice, as Chairman of the MONROE .. COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, a land authority pursuant to section 380.0663(1),Florida Statutes and Monroe County Ordinance No. 031-1986, on behalf of the Land E Authority. Said person is personally known to me or has produced a valid driver's license as identification. Notary Public; State of Florida Print Name: My Commission Expires: My Commission No.: Page 6 of 6 Packet Pg. 2018 G.14.a EXHIBIT A Parcel 1: 00300180-000100 Lot 1, Block 2, Sam-N-Joe Subdivision, according to the map or plat thereof, as recorded in Plat Book 3, Page(s) 76, of the Public Records of Monroe County, Florida. Parcel 2: 00300180-000200 Lot 2, Block 2, Sam-N-Joe Subdivision, according to the map or plat thereof, as recorded in Plat Book 3, Page(s) 76, of the Public Records of Monroe County, Florida. Parcel 3: 00300180-001700 t0 Lot 17, Block 2, Sam-N-Joe Subdivision, according to the map or plat thereof, as U recorded in Plat Book 3, Page(s) 76, of the Public Records of Monroe County, Florida. Parcel 4: 00300180-001800 0 x Lot 18, Block 2, Sam-N-Joe Subdivision, according to the map or plat thereof, as recorded in Plat Book 3, Page(s) 76, of the Public Records of Monroe County, Florida. N 0 U) U) 0 CL 0 L- CL c� Packet Pg. 2019 G.14.b County of Monroe jP@nnlnR&Env1ronmjgjL1_ResoVrces 82ard of County Sfflffl Issigners e art ent �� ���" Mayor David Rice,District 4 2795 Overseas Highway,Suite 410 Mayor Pro'fern Sylvia J.Murphy,Dist. 5 Marathon,FL 33050 �; i in Canny L.Kolhage,District I Voice: (305)289-2500 George Neugent,District 2 F (305)259-2536 Heather Carruthers,District 3 e strive to be caring,professional andfair February2018 e-mail: gisuarezl932@gmail.co Gilbert eSuarez th Manor Coral Springs, FL 33071 ® ROGO Exemption Requestt 148 PalmettoAve, > Big Pine Key, Lots 15 & 16,Big Pine Inc., real estate number 00256790-000000 0 r. &Mrs. Suarez: U You requested a determination as to whether one ( ) residential dwelling unit is exempt from e a Residential ate of Growthr iris ce( C1 ) on teabove-described pre ise . 0 Pursuant to Section 138-22 of the Monroe County Land evelo e Code, the redevelopment, rehabilitation or replacement of any lawfully established dweli unit Ors ace that oes not increase e number of dwelling units above that which existed on the site prior tote redevelopment, rehabilitation or replacement shall be exempt from e residential ROGO sste For dwellingnits that were established prior tote effective date of the ROGO and therefore did not receive a ROGO allocation through the ROGO permitallocation system, the Monroe County Land Development Coe requires a body of evidence to support e existence of the dwelling unit on or about July 13, 1992, e effective date of the original ROGO. Any Monroe County building permit(s) fort e original construction of the structure confirming the existence of the dwelling unit and its se(s) on or about l 13, 1992 can stand as the only piece of evidence fora ROGO exemption. Building e i no. 88100769, issued 4/28/1988 for the single-family residence and Certificate of 0 Occupancy issued 2/8/1989 confirm e existence of the dwelling unit and its use on or about l 13, 1992. f there are no building permit(s) forte original construction of the structure, in order to grant exemption, at least two of the following documents supporting the lawful existence of the dwelling nit must befound: (1) .Any other issued Monroe County building permit(s) supporting the existence of the structures) and its use(s) on or about July 1 , 192: The following table organizes relevant building permits by date issued: Permit Date Issued 17104692 ........ ..... . .. . . . . ... ,__ ................_............................._......... . ............ _.... ....................... 091161 12/3029 kitcheninets ........... -............. 2 .... f ,,,,,,,,,,,,„ .................., 071001961/ 9/ 0 7D or Compliance -._ 06106553 11/17/2006 FEMA inspection ROGO Exemption Request File 2 1 02S], 148 Palmetto Ave, Big Pine Key Page ] of 3 Packet Pg. 2020 G.14.b Perr=nit No. DateIssued �Re-roof screl i® 99101709 / /19 89100872 4Ti_4/i989 Fence 88102342 12/5/1988 Installation central AC 13101977 10/13/1988 Enclosure 88101631 8/22/1988 Concrete slab 8100769 4/28/19 8 Single-Family on lot 15 County permits support the existence of the structure(s) and its residential use(s) on or about July 13, 1992. (2) Documentation from the Monroe County Property Appraiser's Office indicating residential use on or about July 13, 1992: The Property Appraiser currently assesses the property under a property classification code of 01® Single Family Residential and their records indicate that a residential unit has been on the tax roll. One (1) building, with a year built date of 1989, is currently attributed to the property. In addition, the property received a homestead exemption from 1990 to 2017. U County property Appraisers documentation indicates residential use on or about July 13, 1992. U (3) Aerial photographs (to confirm the number of structures, not the number or type of dwelling units) CL o and original dated photographs showing the structure(s) existed on or about July 13, 1992: Aerial photography from 195 to 217 confirms the continuous existence of a structure on the property. As a note, aerial photography can only confirm the number of structures, not the number of dwellingunits, in existence at any given time. (4) Residential county directory entries on or about July 13, 1992. Residential county directory entries were not reviewed by Planning Department staff. (5) Rental, occupancy or lease records on or about July 13, 199Z indicating the number, type and term of the rental or occupancy.- 0 occupancy or lease records were provided by the applicant for review. (6) State an or county licenses on or about July 1 , 1992, indicating the number and types of rental units: o state or county licenses were provided byte applicant for review. (7) Documentation from the utility prodders indicating the type of service (commercial or residential) provided and the number of ureters in existence on or about July 13, 1992: Utility records were not provided for review, (Note: Water and or electric service may have been provided at other times; however,records stating such were not provided.). (8) Similar supporting documentation not listed above as determined suitable by the planning director.- Lan se onin District: From 1986 to present, the property is locate in Improved Subdivision (IS), in which a detached residential dwelling is a permitted use® Pre-1986 zoning was iJ-1. Based on a review of the records, the Planning Environmental Resources Department has determined that one (1) dwelling unitis lawfully-established on Lot 15 and its replacement would thereby be exempt from the ROGO permit allocation system. ROGO Exemption Request File#[2 281, 148 Palmetto Ave,Big Pine Key Page 2 of 3 Packet Pg. 2021 If the exempted dwelling units are replaced, all existing accessory structures must also be demolished unless written pennission stating otherwise is provided by the Planning & Environmental Resources Department. This letter does not provide any vesting to existing regulations and the replacement dwelling units and any new accessory structures must be built in compliance with all applicable regulations of the Monroe County Code and Comprehensive Plan at the time of development approval. Furthermore, if the exempted dwelling units are not replaced, but substantially improved as defined in the Monroe County Code, they must be brought into compliance with all applicable regulations. If you have any questions regarding the contents oft is letter or if I may further assist you,please feel free to contact the Plannmg,J& E�'ronmental Resources Department at(305) 289-2500. iew1c z Sincere ff t iewicz lonm 4Development Administrator > C 0 U U CL E 0) X W 0 0 0 W N CL E 0 X W 0 0 0 W 4i E ROGO Exemption Request File (20 1 8-R0281, 148 Palmetto Ave, Big Pine Key Page 3 of 3 1 Packet Pg. 2022 G.14.c Aerial Photograph of Subject Property Block 3, Lot 15, Big Pine Key Inc. Big Pine Key r U r 7 U r ® 'D C,) Yr; CL "x o P I w err 0 c N CL 0 CL FF fl. �I c� M 7 I I I irk 7 0N0V 1 } Packet Pg. 2023