Item F1 F1
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5
The Florida Keys Mayor Pro Tern James K.Scholl,District 3
Craig Cates,District 1
Michelle Lincoln,District 2
' David Rice,District 4
Board of County Commissioners Meeting
March 20, 2024
Agenda Item Number: F1
2023-2163
BULK ITEM: No DEPARTMENT: County Land Acquisition And Land
Management
TIME APPROXIMATE: STAFF CONTACT: Christine Hurley
AGENDA ITEM WORDING: Approval of a Reservation of ROGO Exemption, as evidenced by
ROGO Exemption Request File#2017-R179, between Monroe County Comprehensive Plan Land
Authority and Monroe County Board of County Commissioners, allowing MCLA to retain the ROGO
Exemption for future use on another site in accordance with the applicable Monroe County Code and
authorize the Mayor to sign the instrument.
ITEM BACKGROUND:
The Land Authority purchased and then conveyed two lots to the County with a corresponding lease of
said property to Habitat for Humanity of the Lower Keys for affordable housing development.
The two lots have one market rate ROGO Exemption that needs to be severed from the property, as the
Planning Department has requested the Board of County Commissioner reserve two affordable ROGO
allocations for the two lots for Habitat. Upon severance, the Land Authority can utilize the ROGO
Exemption on another site in the Lower Keys for affordable housing development.
This document will be recorded in the land records.
The Land Authority Governing Board approved of this document at their October 18, 2023 meeting,
through Agenda Item G20.
PREVIOUS RELEVANT BOCC ACTION:
N/A
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
1494
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Reservation of ROGO Exemption
FINANCIAL IMPACT:
N/A
1495
Prepared by and return to:
Gregory S. Oropeza,Esq.
Oropeza, Stones&Cardenas,PLLC
221 Simonton Street
Key West,Florida 33040
305.294.0252
RESERVATION OF ROGO EXEMPTION
THIS RESERVATION OF ROGO EXEMPTION ("Reservation") is executed this day of
, 2024 by and between the MONROE COUNTY COMPREHENSIVE PLAN LAND
AUTHORITY, a land authority under section 380.0663(l), Florida Statutes, and Monroe County Ordinance
Number 031-1986 ("MCLA") and the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
(`BOCC") as to the following:
WHEREAS, MCLA conveyed to the BOCC the real property located at 28249 and 28269 Julia
Avenue, Little Torch Key, Florida 33042, Parcel Identification Numbers 00222830-000000 and 00222830-
000100 which is more particularly described as:
Lots 8 and 9, Block 1, Amended Plat of The Ladies Acre, according to the plat thereof as
recorded in Plat Book 5,Page 96,Public Records of Monroe County, Florida; and
WHEREAS, pursuant to the ROGO Exemption Request File: 92017-R179, with approval letter
dated October 1, 2020, a copy of which is hereby attached to and incorporated herein as Exhibit "A", the
Property has one(1)Rate of Growth("ROGO")market rate residential allocations; and
WHEREAS, MCLA pursuant to Resolution 41-2023 has conveyed the Property to Monroe
County; and
WHEREAS, the transfer authorized MCLA, pursuant to unanimous approval at the October 18,
2023 MCLA Governing Board meeting, to exclude the ROGO Exemption which MCLA shall retain
ownership of,
NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is
acknowledged, MCLA shall retain all rights, title and interest to the one (1) ROGO Exemption,pursuant to
ROGO Exemption Request File: 92017-R179. MCLA shall be authorized to transfer the ROGO Exemption
in accordance with the applicable Monroe County Code of Ordinances. This Reservation shall be deemed a
covenant running with the land and shall inure to and shall be binding upon all successors, assigns,
mortgagees, and lessees.
1496
IN WITNESS WHEREOF, MCLA has caused these presents to be executed this day of
,2024.
Monroe County Comprehensive Plan Land
Authority, a land authority under section
380.0663(I),Florida Statutes
By:
David Rice, Chairman
Approved for form and legal sufficiency
Gregory S. Oropeza, Esq.
STATE OF FLORIDA
COUNTY OF MONROE:
The foregoing instrument was acknowledged before me by means of physical presence this day of
2024 by David P. Rice as Chairman of the MONROE COUNTY
COMPREHENSIVE PLAN LAND AUTHORITY, who (_) is personally known to me or (� has
produced as identification.
NOTARY SEAL: NOTARY PUBLIC
1497
IN WITNESS WHEREOF, the BOCC has caused these presents to be executed this day of
,2024.
Monroe County Board of County
Commissioners
By:
Holly Merrill Raschein,Mayor
Approved for form and legal sufficiency
STATE OF FLORIDA
COUNTY OF MONROE:
The foregoing instrument was acknowledged before me by means of physical presence this day of
2024 by Holly Merril Raschein as Mayor of MONROE COUNTY, who (_) is
personally known to me or(_)has produced as identification.
NOTARY SEAL: NOTARY PUBLIC
1498
Exhibit "A"
County of Monroe
Plannigg&Envirompenta Board of Counly Commissioners,
Deg@ftme Mayor Heather Carruthers,Dist.3
2798 Overseas Highway,Suite 4 10 Mayor Pro Tern Michelle Coldiron Dist.2
Marathon,FL 33050 Craig Cates,Dist.I
Voice: (305)289-2500 David Rice,Dist.4
FAX: (305)289-2536 Sylvia J.Murphy,Dist.5
We strive to be caring,professional andfair
October 1,2020
e-mail: pauphin@msn.com
Richard Spellman
226 S. 8h St.
Livingston,MT 59047
RE: CORRECTED ROGO Exemption (#2017-RI79) for property located at 28269 Julia Ave.,
Little Torch Key, of 8&9,Block 1,Ladies Acre,real estate number 00222830.000000
Mr. Spellman:
You requested a determination as to whether one (1) residential dwelling it is exempt from the
Residential Rate of Growth Ordinance(ROGO)on the above-described premises.
Pursuant to Section 138-22 of the Monroe County Land Development Code, the redevelopment,
rehabilitation or replacement of any lawfully established dwelling it or space that does not increase
the number of dwelling units above that which existed on the site prior to the redevelopment,
rehabilitation or replacement shall be exempt from the residential ROGO system.
For dwelling its that were established prior to the effective date of the ROGO and therefore did not
receive a ROGO allocation through the ROGO permit allocation system, the Monroe County Land
Development Code requires a body of evidence to support the existence of the dwelling it on or
about July 13, 1992, the effective date of the original ROGO. Any Monroe County building permit(s)
for the original construction of the structure confirming the existence of the dwelling it and its use(s)
on or about July 13, 1992 can stand as the only piece of evidence fora ROGO exemption.
No building permit(s)or certificate of occupancy was provided by the applicant or found by staff in
the County records confirming the existence of the dwelling unit and its use(s) on or about July 13,
1992.
If there are no building permit(s) for the original construction of the structure, in order to grant an
exemption, at least two of the following documents supporting the lawful existence of the dwelling
unit must be found:
(1) Any other issued Monroe County building pennit(s)supporting the existence of the structure(s)and
its use(s)on or about July 13, 1992:
The following table organizes relevant building permits by date issued:
PertnitNo. Date Issued Desc!iption
17105835 10/27/2017 Demo
17103400 5/10/2017 Sewer Tie-in
A10410 4/5/1983 Trailer Tie Down (L 9, B 1, Ladies Acre)
A8358 6/3/1981 1 Mobile Home setup,septic tank and electric(L 9, B 1, Ladies AcT) ___j
ROGO Exemption Request File#2017-RI79,28269 Julia Ave.,Little Torch Key RE: 00222830.000000 Page I of 3
C)
C)
LO
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 02-
Mobile Home and their records indicate that a residential unit has been on the tax roll from 1982 to
2017. One (1) building, with a year built date of 1962, is currently attributed to the property. In
addition, the property received a homestead exemption from 2001 to 2017. Lots 8 and 9 were
combined under one real estate number in 2001.
County Property Appraiser's documentation indicates residential use on or about July 13, 1992.
(3) Aerial photographs (to confirm the number of structures, not the number or type of dwelling units)
and original dated photographs showing the structure(s)existed on or about July 13, 1992:
Aerial photography from 1985 to 2017 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 dwelling units, 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 for the years
1991 and 1992.
(5) Rental, occupancy or lease records on or about July 13, 1992, indicating the number, type and
term of the rental or occupancy:
No occupancy or lease records were provided by the applicant for review.
(6) State andlor county licenses on or about July 13, 1992, indicating the number and types of rental
units:
No state or county licenses were provided by the applicant for review.
(7) Documentation from the utility providers indicating the type of service (commercial or residential)
provided and the number of meters in existence on or about July 13, 1992:
Keys Energy Services records indicate that electric service with one meter was provided from April
29, 1977. Florida Keys Aqueduct Authority 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.
Land Use (Zoning) District: From 1996 to present, the property is located in an Urban Residential
Mobile Home District (URM), in which a detached residential dwelling is a permitted use. Pre-
1986 zoning was RU-5.
1988 Monroe County Mobile Home Study: The 1988 Monroe County Mobile Home Study does
record the existence of a mobile home on Lot 9 at that time.
Based on a review of the records, the Planning & Environmental Resources Department has
determined that one (1) dwelling unit is lawfully-established on Lot 9, Block I Ladies Acres and its
replacement would thereby be exempt from the ROGO permit allocation system.
ROGO Exemption Request File#2017-RI79,28269 Julia Ave.,Little Torch Key RE: 00222830.000000 Page 2 of 3
V-
C)
LO
If the exempted dwelling units are replaced, all existing accessory structures must also be demolished
unless written permission 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 of this letter or if I may further assist you,please feel
free to contact the Planning&F i onmental Resources Department at(305)289-2500.
Sincerely
I ewicz
D e opment,Administrator
ROGO Exemption Request File#2017-R179,28269 Julia Ave.,Little Torch Key RE: 00222830.000000 Page 3 of 3