HomeMy WebLinkAboutItem G11 G11
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor James K.Scholl,District 3
The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2
Craig Cates,District 1
David Rice,District 4
Holly Merrill Raschein,District 5
Board of County Commissioners Meeting
January 15, 2025
Agenda Item Number: G11
2023-3485
BULK ITEM: No DEPARTMENT: Land Authority Governing Board
TIME APPROXIMATE: STAFF CONTACT: Cynthia Guerra
10:25 AM
AGENDA ITEM WORDING: Approval of a resolution authorizing reservation of one Rate of
Growth Ordinance (ROGO) Exemption from Block 3, Lot 9, Hibiscus Park(PB 3-166)with Parcel ID#
00507840-000000 commonly known as 18 Hibiscus Drive, Key Largo, FL.
ITEM BACKGROUND:
The Land Authority purchased and will convey Parcel ID# 0507840-000000 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 1 market rate ROGO Allocation (Exemption) that needs 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 ROGO Allocation(Exemption) on
another site in the Upper Keys for affordable housing development.
This ROGO Reservation document will be recorded in the land records prior to conveyance of land to
the County.
PREVIOUS RELEVANT BOCC ACTION:
On October 16, 2024 the Board approved adding the property to the Acquisition List and approved
purchasing the property for the price of$250,000.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
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N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
ResolutionMCLAReservationofROGO ® 00507840-OOOOOO.pdf
ReservationOfROGOExemption-00507840-000000_FINAL.pdf
FINANCIAL IMPACT:
N/A
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RESOLUTION NO.
A RESOLUTION OF THE MONROE COUNTY
COMPREHENSIVE PLAN LAND AUTHORITY
AUTHORIZING RESERVATION OF ONE RATE OF
GROWTH ORDINANCE (ROGO) EXEMPTION FROM
BLOCK 3, LOT 9, HIBISCUS PARK (PB 3-166) WITH
PARCEL ID# 00507840-000000 COMMONLY KNOWN AS
18 HIBISCUS DRIVE, KEY LARGO, FL.
WHEREAS, the Monroe County Comprehensive Plan Land Authority (hereinafter
"Authority") purchased Block 3, Lot 9, Hibiscus Park, according to the map or plat
thereof, as recorded in Plat Book 3, Page(s) 166, of the Public Records of Monroe
County, Florida (the "Property") with Parcel ID# 00507840-000000 commonly known as
18 Hibiscus Drive, Key Largo, Florida, for affordable housing; and
WHEREAS, the Land Authority will convey the property to Monroe County (hereinafter
"County"), and the conveyance will be subject to a Land Use Restriction (LURA) for
development of an affordable housing unit and lease of the property to Habitat for
Humanity of the Upper Keys, Inc., and
WHEREAS, purchase of the subject property for affordable housing is consistent with
the policies of the County's Comprehensive Plan and Land Development Regulations;
and
WHEREAS, the Authority wishes to assist the County in development of the subject
property as affordable housing; and
WHEREAS, Habitat for Humanity of the Upper Keys, Inc. reserved 10 affordable
housing units from the County under Resolution 224-2023 for use in developing Upper
Keys sites with affordable housing, which eliminates the need for the existing Rate of
Growth Ordinance (ROGO) Exemption on the site; and
WHEREAS, the existing Rate of Growth Ordinance (ROGO) Exemption is not needed to
develop the Subject Property and therefore, the Authority will keep the Rate of Growth
Ordinance (ROGO) Exemption for future use; and
WHEREAS, the Land Authority Advisory Committee recommended approval of this
purchase on September 25, 2024, the Government Board approved the purchase on
October 16, 2024, and the Land Authority acquired the parcel on November 11, 2024;
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.
Page 1 of 2
1229
Section 2. The Land Authority will convey Block 3, Lot 9, Hibiscus Park (PB3-166) to
the County for development as affordable housing.
Section 3. The conveyance of the parcel will be subject to a Land Use Restriction
Agreement to assure the land is used in accordance with Florida Statutes 380.0666
(3)(a), powers of land authority including affordable housing.
Section 4. One Rate of Growth Ordinance (ROGO) exemption is severed from Block 3,
Lot 9, Hibiscus Park (PB3-166), and reserved by the Land Authority for future affordable
housing development.
Section 5. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED by the Monroe County Comprehensive Plan Land Authority
at a regular meeting on this 15th day of January, 2025.
Commissioner Craig Cates
Commissioner Michelle Lincoln
Commissioner James Scholl
Commissioner Holly Raschein
Chairman David Rice
(Seal)
ATTEST: MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY
Cynthia Guerra David P. Rice
Acting Executive Director Chairman
Approved as to form and legality
Gregory Oropeza, Esquire
Page 2 of 2
1230
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 , 2025 by the MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY, a land authority under section 380.0663(1), 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 18 Hibiscus
Drive, Key Largo, Florida 33037, with Parcel Identification Number 00507840-000000 and which
is more particularly described as:
Lot 9, Block 3, Hibiscus Park, according to the map or plat thereof, as recorded in
Plat Book 3, Page(s) 166, of the Public Records of Monroe County, Florida (the
"Property")
WHEREAS, Property has one (1) Rate of Growth ("ROGO Allocation") market rate
residential allocation; and
WHEREAS, On November 1, 2024, MCLA purchased the Property as evidenced by that
certain deed dated November 1, 2024 and recorded in Official Records Book 3298, Page 1957,
Public Records of Monroe County, Florida.
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
Allocation associated with the Property. MCLA reserves the right to retain the ROGO Allocation
separate and distinct from the Property and shall be entitled to transfer the ROGO Allocation 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.
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IN WITNESS WHEREOF, MCLA has caused these presents to be executed this day of
, 2025.
Monroe County Comprehensive Plan Land
Authority, a land authority under section
380.0663(1), 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 , 2025 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
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