Item G14 G14
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
May 15, 2024
Agenda Item Number: G14
2023-2200
BULK ITEM: No DEPARTMENT: Land Authority Governing Board
TIME APPROXIMATE: STAFF CONTACT: Christine Hurley
AGENDA ITEM WORDING: Approval of a Reservation of ROGO Exemption, as evidenced by a
Letter of Development Rights Determination (LDRD) File: #2023-216, with approval letter dated
February 27, 2024, allowing MCLA to retain the 6 ROGO Allocations (Exemptions) for future use on
another site in accordance with the applicable Monroe County Code and authorize the Chairman to sign
the instrument.
ITEM BACKGROUND:
The Land Authority purchased and will convey Parcel Identification Number 00479430-000000 to the
County with a corresponding lease of said property to Habitat for Humanity of the Upper Keys for
affordable housing development.
The property has 6 market rate ROGO Allocations (Exemptions) that need to be severed from the
property, as the Board of County Commissioners reserved 10 affordable ROGO allocations for Upper
Keys Habitat. Upon severance, the Land Authority can utilize the 6 ROGO Allocations (Exemptions)
on another site in the Upper Keys for affordable housing development.
This document will be recorded in the land records prior to conveyance of land to the County.
PREVIOUS RELEVANT BOCC ACTION:
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
1930
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
GillenHoganl3ReservationOfROGOExemption Revised.pdf
FINANCIAL IMPACT:
N/A
1931
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 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") as to the following:
WHEREAS, MCLA is the owner of that certain real property located at 159 Florida Avenue,
Taverner, Florida 33036, with Parcel Identification Number 00479430-000000 and which is more
particularly described as:
Lots 22 and 23, Burton's Addition to Tavernier, according to the map or plat thereof, as
recorded in Plat Book 2, Page 82 of the Public Records of Monroe County, Florida (the
"Property")
WHEREAS,pursuant to the Letter of Development Rights Determination ("LDRD") File: 92023-
216, with approval letter dated February 27, 2024, a copy of which is hereby attached to and incorporated
herein as Exhibit "A", the Property has six (6) Rate of Growth ("ROGO Allocations") market rate
residential allocations; and
WHEREAS,MCLA pursuant to Resolution 07-2024 MCLA by unanimous vote was authorized to
convey the Property to the BOCC the Property subject to a reservation of the ROGO Allocations set forth in
this Reservation; and
NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is
acknowledged, MCLA shall retain all rights, title and interest to the six(6) ROGO Allocations,pursuant to
LDRD 2023-216. MCLA shall be authorized to transfer the ROGO Allocations 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.
1932
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
1933
Exhibit "A"
County of Monroe
Planning&Environmental Resources Department Board of County Commissioners:
Marathon Government Center ' w Mayor Holly Merrill Raschein,District 5
2798 Overseas Highway,Suite 400 ,' Mayor Pro Tem James K.Scholl,District 3
Marathon,FL 33050 '��' � j� Craig Cates,District 1
Voice: (305)289-2500 , Michelle Lincoln,District 2
FAX: (305)289-2536 David Rice,District 4
NYxtlt:y..iJ W< A.?
We strive to be caring,professional,and fair
February 27, 2024
kbohnste@bellsouth.net
dmriggitano@aol.com
Krissy Bohnstedt
207 Gardenia Street
Tavernier, FL 33070
Letter of Development Rights Determination (LDRD), File# 2023-216, 159 Florida Avenue, Tavernier
Parcel Identification Number: 00479430-000000
DETERMINATION: Six (6) residential dwelling units are lawfully-established on the Property and the
replacement of six(6)residential dwelling units would thereby be exempt from the ROGO permit allocation
system.
This letter is in response to your request for a determination as to the number of permanent residential dwelling
units that were lawfully established and thereby exempt from the Residential Rate of Growth Ordinance
(ROGO)permit allocation system on the above-described premises.
Background Information:
The subject property is located at 159 Florida Avenue, approximate mile marker 91, having Parcel Identification
Number 00479430-000000 (the "Property"). The Property is bordered to the north, east and south by residential
and mixed use development and to the west by a marina.
The Property is described as Lots 22 and 23, Burton's Addition to Tavernier, according to the Plat thereof, as
recorded in Plat Book 2, at Page 82, of the Public Records of Monroe County, Florida.
The Property is located within the Mixed Use (MU) Land Use (Zoning) District and is designated Mixed
Use/Commercial (MC) on the Future Land Use Map (FLUM) of the Comprehensive Plan. The aerial photograph
on the next page shows the boundaries of the Property and the land use districts of the immediate area.
159 Florida Avenue,Tavernier
Letter of Development Rights Determination(File#2023-216) Page 1 of 6 1934
/
The Property (outlined in blue) with Land Use (Zoning)Districts (Aerial dated 2023)
Permanent Residential Dwelling Units:
The applicant is requesting recognition of six (6) permanent residential dwelling units as being lawfully
established on the Property and thereby exempt from the Rate of Growth Ordinance (ROGO) permit allocation
system.
Pursuant to Section 138-22(a)of the Monroe County Land Development Code(LDC),the residential ROGO shall
not apply to the redevelopment,rehabilitation or replacement of any lawfully-established residential dwelling unit
or space that does not increase the number of residential dwelling units above that which existed on the site prior
to the redevelopment, rehabilitation or replacement.
As defined in LDC Section 138-19, residential dwelling unit means a dwelling unit as defined in Section 101-1,
and expressly includes the following other terms also specifically defined in Section 101-1:rooms,hotel or motel;
campground spaces; mobile homes; transient units; and institutional residential units (except hospital rooms).
As defined in LDC Section 101-1:
Dwelling unit means one or more rooms physically arranged for occupancy by one household sharing common
living, a kitchen (cooking), and bathroom facilities. Dwelling units shall not include additional dwelling units,
secondary dwelling units, lock-out units, or any other habitable structures that create a separate independent living
area that are occupied by a separate and independent household,without an additional ROGO allocation or ROGO
exemption...
159 Florida Avenue,Tavernier
Letter of Development Rights Determination(File#2023-216) Page 2 of 6
1935
In accordance with the 2030 Comprehensive Plan, Policy 101.5.29 states notwithstanding the density limitations
set forth in Policy 101.5.25,land upon which a lawfully established residential dwelling unit exists shall be entitled
to a density of one dwelling unit per each recognized lawfully established unit. Such lawfully-established dwelling
unit(s) shall not be considered as nonconforming as to the density provisions of Policy 101.5.25 and the Monroe
County Code.
Pursuant to LDC Section 138-22(a), redevelopment, rehabilitation or replacement of any lawfully established
dwelling unit 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.
The Planning Director shall review available documents to determine if a body of evidence exists to support the
lawful existence of units on or about July 13, 1992, the effective date of the original ROGO. Such evidence shall
be documented and submitted to the Planning Director on a form provided by the Planning and Environmental
Resources Department.Any issued Monroe County building permit(s)for the original construction of the structure
confirming the existence of the dwelling unit and its use(s) on or about July 13, 1992 can stand as the only piece
of evidence for a ROGO exemption.
If there are no building permit(s) for the original construction of the structure which confirm the lawful existence
of the dwelling unit and its use(s) on or about July 13, 1992, the application shall include, at a minimum, at least
two of the following documents:
(1)Any other issued Monroe County building permit(s) supporting the existence of the structure(s) and its use(s)
on or about July 13, 1992;
Permit No. Date Issued Description
20112 2/4/1970 One (1) septic tank, four(4)trailer tie downs, four(4) meters
28380 11/14/1972 Electric - 100 AMP pole service supplement to Permit 420112
C5992 4/19/1979 Trailer tie down for insurance purposes only. One (1) Florida
Vehicle Registration Certificate was located in the application for a
39' long Palas mobile home
91303010 3/5/1991 Interior renovations to repair damage to an existing mobile home
(Trailer 44). The site plan in this file depicts six (6)mobile
homes/trailers
94300625 3/22/1994 Repair electric to mobile home placed in 1969. Repair and
maintenance only. No expansion of use permitted
97303265 10/27/1997 Remove burnt out trailer (528 SF)
14305742 12/23/2014 Wastewater Connection. Department of Health site plan depicts five
(5) mobile homes. This Permit has expired.
County permits support the existence of six (6) residential dwelling units on the Property on or about July 13,
1992.
159 Florida Avenue,Tavernier
Letter of Development Rights Determination(File#2023-216) Page 3 of 6
1936
(2) Documentation from the Monroe County Property Appraiser's Office indicating residential use on or about
July 13, 1992;
The Monroe County Property Appraiser currently assesses the property under a property classification code of
0804-Multi-Family Fourplex and their records indicate that residential units have been on the tax roll from 1998
to at least 2022. Four(4)buildings,with year built dates of 1970 (Building ID 26407), 1958 (Building ID 26408),
1955 (Building ID 26409), and 1971 (Building ID 264011) are currently attributed to the Property.
Property Record Cards located in the file of County Permit 4s 91303010 and 494300625 indicate that six (6)
residential units were on the tax roll from 1990 to 1998.
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Property Record Card found in Permit#91303010 dated August 24,1990,recognizes six(6)mobile homes on the Property.
1970 SHAW PM AS OF '1-1- 3
19'55 UMMEAMM RP AS OF 1-1-83
1' LAMPLIGHTE ' F(P AS OF '1-1-53 MIS #
Property Record Card found in Permit#94300625 dated July 3,1993,recognizes six(6)mobile homes on the Property.
County Property Appraiser's documentation supports the existence of six (6)residential dwelling units on the
Property on or about July 13, 1992.
(3)Aerial photographs (to confirm the number ofstructures, not the number or type ofdwelling units)and original
dated photographs showing the structure(s) existed on or about July 13, 1992;
Aerial photography from 1981 confirms the existence of four (4) structures on the Property. Aerial imagery
available after 1981 includes dense vegetation, which blocks visibility of any structures. 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;
Planning Department staff for the years 1991 and 1992. The 1992 residential could directory reviewed listed
two (2) entries for the Property's address.
Residential county directory entries support the existence of two (2)residential dwelling units on the Property
on or about July 13, 1992.
(5) Rental, occupancy or lease records, on or about July 13, 1992, indicating the number, type and term of the
rental or occupancy;
159 Florida Avenue,Tavernier
Letter of Development Rights Determination(File#2023-216) Page 4 of 6
1937
No rental, occupancy, or lease records were provided for review.
(6) State and/or county licenses, on or about July 13, 1992, indicating the number and types of rental units;
No state or county licenses were provided 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; and
Florida Keys Electric Cooperative records indicate that electric service was provided from 1990 to 1993 for four
(4)meters. Florida Keys Aqueduct Authority records indicate that water service was provided from 1955 to
2022 for six (6)residential units. The tap was abandoned on December 19, 2022. (Note: Water and or electric
service may have been provided at other times; however, records stating such were not provided.)
Documentation from the utility providers indicating the type of service (commercial or residential)provided and
the number of meters in existence supports the existence of six (6)residential dwelling units on the Property on
or about July 13, 1992.
(8) Similar supporting documentation not listed above as determined suitable by the Planning Director:
Land Use (Zoning) District: From 1986 to present, the Property has been located in the Mixed Use (MU) zoning
district, in which detached residential dwellings are a permitted use. From 1973 to 1986,the Property was located
in the Mobile Home Park Residential (RU-5P) zoning district, in which parking and occupancy of mobile homes
was a permitted use.
Bill of Sale: The applicant provided a notarized bill of sale for six (6) mobile homes dated June 27, 1997. The
descriptions of the mobile homes match the Property Appraisers notes from the 1993 property record card.
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159 Florida Avenue,Tavernier
Letter of Development Rights Determination(File#2023-216) Page 5 of 6
1938
Lawfulness Determination:
Based on a review of the above documents associated with the Property, the Planning and Environmental
Resources Department has determined that six (6) residential dwelling units were lawfully established on the
property on or about July, 1992 and are exempt from the residential ROGO permit allocation system pursuant to
LDC Section 138-22 and Comprehensive Plan Policy 101.3.5.
This letter does not provide any vesting to existing regulations. 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 ROGO-exempted development is
not replaced, but substantially improved as defined in the Monroe County Code, such development must be
brought into compliance with all applicable regulations.
You may appeal any decision, determination or interpretation set forth in this letter pursuant to Monroe County
Code Section 102-185. A notice of appeal must be filed with the County Administrator, 1100 Simonton Street,
Gato Building, Key West, Florida 33040, within 30 calendar days from the date of this letter. In addition,please
submit a copy of your notice of appeal to the Planning Commission Coordinator, Monroe County Planning and
Environmental Resources Department, 2798 Overseas Hwy, Suite 410, Marathon, Florida 33050.
We trust that this information is of assistance. If you have any questions regarding the contents of this letter or if
we may further assist you with your project,please feel free to contact our Marathon office at(305) 289-2500.
Sincerely,
Emily Schemper, AICP, CFM
Senior Director of Planning and Environmental Resources
cc: Devin Tolpin, AICP, CFM, Planning and Development Review Manager
159 Florida Avenue,Tavernier
Letter of Development Rights Determination(File#2023-216) Page 6 of 6
1939