Item G15 G15
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: G15
2023-2425
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
ROGO Exemption Request(File#2021-RO10),with approval letter dated April 28, 2021, and as
evidenced by ROGO Exemption Request(File#2022-R036), with approval letter dated July 18, 2022
allowing MCLA to retain the 2 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 Numbers 00507510-000000 and
00507520-000000 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 2 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 2 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
1940
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
LJGatorsIlReservationOfROGOExemption Revised.pdf
FINANCIAL IMPACT:
N/A
1941
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 15 and 17 Hibiscus Lane,
Key Largo, Florida 33036, with Parcel Identification Numbers 00507510-000000 and 00507520-000000
and which is more particularly described as:
Lots 8 and 9, Block 2, Hibiscus Park according to the plat thereof, as recorded in Plat
Book 3,Page 166, of the Public Records of Monroe County, Florida(the "Property")
WHEREAS, pursuant to the ROGO Exemption Request File: 92021-RO10, with approval letter
dated April 28, 2021 and ROGO Exemption Request File: 92022-R036, with approval letter dated July 18,
2022, a copy of which is hereby attached to and incorporated herein as composite Exhibit"A", the Property
has two(2)Rate of Growth("ROGO Allocations")market rate residential allocations (exemptions); and
WHEREAS,MCLA pursuant to Resolution 06-2024 MCLA by unanimous vote was authorized to
convey the Property to the BOCC the Property subject to a reservation of the ROGO Allocations
(exemptions) 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 two (2) ROGO Exemptions, the ROGO
Allocations (Exemptions),pursuant to ROGO Exemption Request File: 92021-RO10 and ROGO Exemption
Request File: 92022-R036 MCLA shall be authorized to transfer the ROGO Allocations (Exemptions) 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.
1942
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
1943
Exhibit "A"
County of Monroe
Planning&Environmental Resources Department ( �� Board of County Commissioners:
Marathon Government Center ' Mayor Michelle Coldiron,District 2
@ �� @ Mayor Pro Tem David Rice,District 4
2798 Overseas Highway,Suite 400
Marathon,FL 33050 w �, Craig Cates,District l
Voice: (305)289-2500 Eddie Martinez,District 3
FAX: (305)289-2536 Mike Forster,District 5
We strive to be caring,professional,and fair
April281h 2021
Email: peter@keyscpa.com ; Kelly.Randin@outlook.com
Peter Rosasco
The Estate of Jeffrey Van Huele
8085 Overseas Hwy,
Marathon, Florida 33050
RE: ROGO Exemption Request (File #2021-11010) for property located at 17 Hibiscus Ln, Key
Largo, FL 33037, Lot 9, Block 2, Hibiscus Park, according to the plat thereof, as recorded
in Plat Book 3,Page 166,of the Public Records of Monroe County,Florida,00507520-000000
DETERMINATION: One (1) dwelling unit is lawfully-established on subject property and its
replacement would thereby be exempt from the ROGO permit allocation system.
Dear Mr. Rosasco:
You requested a determination as to whether one (1) residential dwelling unit 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 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.
For dwelling units 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 unit 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 unit and its use(s) on or
about July 13, 1992 can stand as the only piece of evidence for a 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 permit(s) supporting the existence of the structure(s) and
its use(s) on or about July 13, 1992:
ROGO Exemption Request File 4 2021-R010, 17 Hibiscus Ln,Key Largo Page 1 of 3 1944
The following table organizes relevant building permits by date issued:
Permii No.' Date Issued Description,'
C14722 03/26/1984 Trailer Tie Down
94302570 10/20/1994 Non-Substantial Improvement to Existing Mobile Home
15302341 05/04/2015 Plumbing Sewer Tie-In One SF RES
County permits do 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 assessed the property under a property classification code of 0200-Mobile
Home Subdivision from 1992 to 2016. One building with a year-built date of 1971 was attributed to
the property. The property received Homestead Exemption from 1994 to 2014.
County Property Appraiser's documentation indicate 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 2018 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 reviewed by Planning Department staff for the years 1991
and 1992. The directories reviewed did not have an entry for the subject property's address.
(S) 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 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 by the applicant for review.
(7) Documentation from the utility providers indicating the type ofservice (commercial or residential)
provided and the number of meters in existence on or about July 13, 1992:
Florida Keys Aqueduct Authority records reviewed indicate continued residential service for one
meter for account 4017690. The service start date was on 03/13/1967.
Florida Keys Electric Cooperative Association records were provided by the applicant; however,
they did not indicate residential service on or about July 13, 1992.
(8) Similar supporting documentation not listed above as determined suitable by the planning director:
Land Use (Zoning) District: The property is located in an Urban Residential Mobile Home (URM)
land use district, in which a detached residential dwelling is a permitted use.
1988 Monroe County Mobile Home Study: The 1988 Monroe County Mobile Home Study does
record the existence of a mobile home on the property at that time.
ROGO Exemption Request File 4 2021-RO10, 17 Hibiscus Ln,Key Largo Page 2 of 3 1945
Based on a review of the records,the Planning & Environmental Resources Department has determined
that one (1) dwelling unit is lawfully established on the subject property and its replacement would
thereby be exempt from the ROGO permit allocation system.
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.
You may appeal decisions made in this letter. The appeal must be filed with the County administrator,
1100 Simonton Street, Gato Building, Key West, FL 33040, within thirty (30) calendar days from the
date of this letter. In addition, please submit a copy of your application to Planning Commission
Coordinator, Monroe County Planning & Environmental Resources Department, 2798 Overseas
Highway, Suite 410, Marathon, FL 33050.
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 & Environmental Resources Department at(305) 289-2500.
Sincerely,
Kestride Estil, Planner
ROGO Exemption Request File 4 2021-R010, 17 Hibiscus Ln,Key Largo Page 3 of 3 1946
County of Monroe
Planning&Environmental Resources Department Board of County Commissioners:
Marathon Government Center s Mayor David Rice,District 4
2798 Overseas Highway,Suite 400 I f= Mayor Pro Tern Craig Cates.District I
Marathon,FL 33050 - Michellc Coldiron,District 2
Voice:(305)289-2500 lanres Scholl.District 3
FAX:(305)289-2536 Holly Mcrr ill Raschein,District 5
We strive to be caring,professional,and fair
VIA EMAIL: gail@nlaw.us
July 18, 2022
Jennifer Neilson
Neilson Law, PA
829 SE 47th Terrace
Cape Coral, FL 33904
RE: ROGO Exemption Request(File#2022-11036)for property located at 15 Bibiscus Lane,Key
Largo, Lot 8, Block 2, Hibiscus Park, according to the Plat thereof, as recorded in Plat
Book 3,at Page 166,pf the Public Records of Monroe County,Parcel ID: 00507510-000000
DETERMINATION: One (1) residential dwelling unit is lawfully-established on the subject
property and the replacement of one(1) residential dwelling unit would thereby be exempt
from the ROGO permit allocation process
Ms.Neilson,
You requested a determination as to whether one (1) residential dwelling unit 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 1aawfully 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.
For dwelling units that were established prior to the effective date of the ROGO and therefore did not
receive a ROGO allocation through:he ROGO permit allocation system, the Monroe County Land
Development Code requires a body of evidence to support the existence of the dwelling unit 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 unit and its use(s)
on or about July 13, 1992 can stand as the only piece of evidence for a 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.
ROGO Exemption Request File#2022-11036, 15 Hibiscus Lane,Key Largo Page I of
1947
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 permits)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:
Pertttit=PVoi.�ir�l5at�`?I' ed.,°'��sd/;ltio'rt ,`
10307335 1 12/10/2010 1 Plumbing—Sewer Tie-In
County permits do not support the existence of the structure and its residential use 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 Residential and their records indicate that a residential unit has been on the tax roll from
1992 to 2021. One (1) building, with a year built date of 1958, is currently attributed to the subject
property.
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 1981 to 2021 confirms the continuous existence of a structure on the subject
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 reviewed by Planning Department staff for the years 1991
and 1992. The 1991 and 1992 directories reviewed did not have an entry for the subject property's
address.
(S) 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 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 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:
Florida Keys Electric Cooperative records indicate that electric service was provided from 1990 to
1993. Florida Keys Aqueduct Authority records indicate that water service has been provided 1966 to
ROGO Exemption Request File#2022-11036, 15 Hibiscus Lane,Key Largo Page 2 of 3
1948
present for residential use with one (1) meter. (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 1986 to present,the subject property has been located in the Urban
Residential Mobile Home(URM)district, in which mobile homes and detached residential dwellings
is a permitted use. From 1973 to 1986, the subject property was located in the Multiple-Family
Residential (RU-3)district, in which multiple-family dwellings was a permitted use.
1988 Monroe County Mobile Home Study: The 1988 Monroe County Mobile Home Study does
record the existence of a mobile home on the subject property at that time.
Based on a review of the records,the Planning&Environmental Resources Department has determined
that one(1) residential dwelling unit is lawfully-established on the subject property and its replacement
would thereby be exempt from the ROGO permit allocation system.
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.
You may appeal decisions made in this letter. The appeal must be filed with the County administrator,
1100 Simonton Street, Gato Building, Key West, FL 33040, within thirty (30)calendar days from the
date of this letter. In addition, please. submit a copy of your application to Planning Commission
Coordinator, Monroe County Planning & Environmental Resources Department, 2798 Overseas
Highway, Suite 400,Marathon, FL 33050.
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& Environmental Resources Department at(305)289-2500.
Sincerely,
JXA4V-V
Frances Cowart, Planning Technician-Vacation Rental Coordinator
ROGO Exemption Request File#2022-11036, 15 Hibiscus Lane,Key Largo Page 3 of 3
1949