HomeMy WebLinkAboutItem F03 BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor Michelle Lincoln,District 2
The Florida. Keys Mayor Pro Tem David Rice,District 4
p Craig Cates,District 1
James K. Scholl,District 3
Holly Merrill Raschein,District 5
Regular Meeting
April 15, 2026
Agenda Item Number: F3
26-0728
BULK ITEM: Yes DEPARTMENT: County Land Acquisition and Land
Management
TIME APPROXIMATE: STAFF CONTACT: Cynthia Guerra
AGENDA ITEM WORDING: Approval of a Resolution authorizing Reservation of one Rate Of
Growth Ordinance(ROGO)Exemption from Block 17, Lot 3, Key Largo Trailer Village First Addition
(PB 5-55) with Parcel ID 00461740-000000, commonly known as 114 W Avenue A, Key Largo.
ITEM BACKGROUND:
Monroe County is the owner of that certain real property located at 114 W Avenue A, Key Largo, FL
33037 with Parcel Identification Number 00461740-000000. The BOCC approved litigation to enforce
the County's code and an outstanding lien stemming from Code Compliance Case CE10040067 on
February 21, 2018. Monroe County filed suit against the former property owner on March 26, 2018.
Following a trial, a Final Judgment of Foreclosure was issued on July 6, 2023. On November 21, 2025,
Monroe County purchased the property at auction for $100. A Certificate of Title granting ownership
to Monroe County was recorded on December 4, 2025. Outstanding taxes that were due on the property
were paid by the County in March of 2025.
On May 6, 2017, the County issued ROGO Exemption letter #2017-R013 verifying one (1) dwelling
unit was lawfully established on the property. The property will be leased to Habitat for Humanity of
the Upper Keys for development of an affordable housing unit. Since Habitat for Humanity has an
Affordable ROGO allocation to use on the parcel, the one (1) Market Rate ROGO Allocation
(Exemption) is being severed from the property and reserved. Upon severance, Monroe County can
utilize the one (1) ROGO Allocation (exemption) on another site in the Upper Keys for affordable
housing development.
The Reservation document will be recorded in the land records.
PREVIOUS RELEVANT BOCC ACTION:
On 2/18/21 the BOCC approved Litigation
On 2/18/26 the BOCC approved payment of$17,196.51 for the tax certificates and outstanding taxes
INSURANCE REQUIRED: No
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Resolution- Reservation of ROGO Exemption
FINANCIAL IMPACT: N/A
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:
RESOLUTION NO.
A RESOLUTION OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSION AUTHORIZING RESERVATION
OF ONE RATE OF GROWTH ORDINANCE (ROGO)
EXEMPTION FROM BLOCK 17, LOT 3, KEY LARGO
TRAILER VILLAGE FIRST ADDITION (PB 5-55) WITH
PARCEL ID 00461740-000000, COMMONLY KNOWN AS
114 W AVENUE A, KEY LARGO.
WHEREAS, Monroe County (hereinafter "County") acquired Block 17, Lot 3, Key Largo
Trailer Village First Addition (PB 5-55) with Parcel ID# 00461740-000000 commonly
known as 114 W Avenue A, Key Largo, FL (hereinafter "Subject Property") at
foreclosure auction on November 21, 2025; and,
WHEREAS, acquiring the subject property for affordable housing is consistent with the
policies of the County's Comprehensive Plan and Land Development Regulations; and
WHEREAS, the Subject Property will be leased to Habitat for Humanity of the Upper
Keys, Inc., for development of an affordable housing unit; 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 Subject Property; and,
WHEREAS, the existing Rate of Growth Ordinance (ROGO) Exemption is not needed to
develop the Subject Property and therefore, the County will keep the Rate of Growth
Ordinance (ROGO) Exemption for future use.
NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSION THAT:
Section 1. The above recitals are true and correct and incorporated herein.
Section 2. One Rate of Growth Ordinance (ROGO) Exemption is severed from Block
17, Lot 3, Key Largo Trailer Village First Addition (PB 5-55), and reserved by the County
for future affordable housing development. Shown as Attachment "A".
Section 3. This resolution shall take effect immediately upon its adoption.
Page 1 of 2
PASSED AND ADOPTED by the Monroe County Board of County Commissioners at a
regular meeting on this 15th day of April, 2026.
Mayor Michelle Lincoln
Mayor Pro Tem David Rice
Commissioner Craig Cates
Commissioner Holly Merrill Raschein
Commissioner Jim Scholl
(Seal)
ATTEST: KEVIN MADOCK BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY: BY:
Deputy Clerk Mayor Michelle Lincoln
Approved as to form and legality
J en i-Lee Digitally signed by Jeni-Lee
MacLaughlin
MacLaughlin Date:2026.04.02 15:23:03-04'00'
Jeni-Lee MacLaughlin
Assistant County Attorney
Page 2 of 2
Attachment "A"
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
, 2026 by MONROE COUNTY, a political subdivision of the State of Florida, as to
the following:
WHEREAS, MONROE COUNTY is the owner of that certain real property located at 114 W
Avenue A, Key Largo, Florida 33036, with Parcel Identification Number 00461740-000000 and which is
more particularly described as:
Block 17, Lot 3, Key Largo Trailer Village First Addition, according to the plat thereof,
as recorded in Plat Book 5, Page 55, of the Public Records of Monroe County, Florida
(the"Property")
WHEREAS, pursuant to the ROGO Exemption Request File: #2017-R013, with approval letter
dated May 6,2017, a copy of which is hereby attached to and incorporated herein as composite Exhibit"A",
the Property has one (1) Rate of Growth ("ROGO Allocation") market rate residential allocation
(exemption); and
NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is
acknowledged, MONROE COUNTY shall retain all rights, title and interest to the one (1) ROGO
Exemption, the ROGO Allocation (Exemption), pursuant to ROGO Exemption Request File: #2017-R013
MONROE COUNTY shall be authorized to transfer the ROGO Allocation (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.
IN WITNESS WHEREOF, the said parry of the first part has signed and sealed these presents
the day and year first above written.
Signed, Sealed and Delivered Monroe County, a political
in the Presence of: subdivision of the State of Florida
By:
Signature of Witness Mayor Michelle Lincoln
Printed Name of Witness
Approved as to form and legality
Digitally signed byJeni-Lee
Jeni-Lee MacLaughlin MacLaughlin
Signature of Witness Date:2026.04.02 15:23:28-04'00'
Jeni-Lee MacLaughlin
Assistant County Attorney
Printed Name of Witness
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me by means of[ ] physical presence or [ ]
online notarization this day of , 2026 by Michelle Lincoln, Mayor of
Monroe County, a political subdivision of the State of Florida, who [ ] is personally known to
me or [ ] has produced a as identification.
[Notary Seal]
Notary Public
Printed Name
My Commission Expires:
EXHIBIT A
County of Monroe
Plannin Environmental Resources � �� y'am� hoard of Count ("'"ommissiowters
Department 4� Mayor George Neugent, District 2
2798 Overseas Highway,Suite 410 e i� ��.��''��� Mayor Pro Tern David Rice,Dist.4
Marathon,FL 33050 r r Heather Carruthers,District 3
Voice: (305)289-2500
FAX: (305)289-2536 1. Danny L.Kolhage,District 1
Sylvia J.Murphy,District 5
We strive to be caring,professional and fair
May 6, 2017
Mark H. Schofield (markschol@hotmail.com)
1861 S.W. 84 Avenue
Palmetto Bay, FL 33157
RE: ROGO Exemption Request for property located at 114 W. Avenue A, Key Largo, Lot 3, Block 17,
Key Largo Trailer Village First Addition, Key Largo, according to the Plat thereof, as recorded in
Plat Book 5, at Page 55, of the Public Records of Monroe County, Florida, Real Estate Number
00461740-000000(File#2017-R013)
Mr. Schofield:
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
replacetttent of any lawfully established residential dwelling unit that does not increase the number of residential
dwelling units above that which existed on the site prior to the redevelopment, rehabilitation or replacement shall
be exempt: from the residential ROGO permit allocation system.
For dwelling units that were established prior to the effective date of the Residential ROGO and therefore did not
receive an allocation award through the ROGO system, the County Code requires a body of evidence to support
the existence of the dwelling unit on or about Atly 13, 1992, the date in which the ROGO became effective. In
order to grant an exemption, lit least two of the following documents supporting the lawful existence of the
dwelling unit must be found:
(a) rimy issued'Monroe County building permits) supporting the existence of the structure(s) and its uses) on or
about.fuly 13, 1992:
_Aer__m_UN671 Date Issued i „del
17956 04/08/1969 Concrete Addition
yC2642µMMwF 05/03/1977 W vw ElectricalyServicemmChattge _w...._ ..._ _w _......_....... _....._.......
.....__.. ._.._.._.w..-_..............w.m_.....w....... _.......__
C2650. w_._...._....
OS/14/19.w.... ..T_.._......�M..w_...�..._...,.._w_..__...,._ ..�......M._....__...._...w._._w_.._.....-_........�..w......ww . ....._...w._.....�._..�......_.__�._w_._........_..
C27 1 OS/20/1977 ���Adda ._�t Concrete .�._
... .....�.... .._�.._ _._�...�.M_.....�..__w.�.. ....._.�...._.wvw..._... ..v..n._.. .. ..w.
_..._... ._..m._...w. .,.,..ww Terrace C o Mobile Home....�.. err ..
Addition
C8051 07/01/1980 Trailer Tie Down �_M_
03300285 Ol/27/2003 Demo ;Stormy Room _ ._ . ...._. __.w ..............w..._ _.. _.wv__.. .
03301797 05/22/2003 Demo Mobile llome, Shed and Insulation
17302030 0 /15/2017 dlied andmmNot apptoved for PartialDemo W µµµ mKK
(b) 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
ROGO Exemption Request for 00461740-000000, File#2017-R013 Page ] of 2
02— Mobile Homes and their records indicate that a residential unit was on the tax roll from 1982 to 2016. In
addition,the property received homestead exemption from 1983 to 1991.
(c) Aerial photographs and original dated photographs showing the structure(s) existed on or about July 13,
1992: Aerial photography from 1986 to 2006 confirms the continuous existence of one 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.
(d) Residential county directory entries on or about July 13, 1992: Residential county directory entries were
reviewed by staff for the years 1991 and 1992. There was no entry for the address 114 W Avenue A.
(e) 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 for review.
(� 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.
(g) 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
Association, Inc. - records were provided to support the property had continuous electrical service since
November 8, 1991. Florida Keys Aqueduct Authority - no records were provided to support the property had
continuous water service.
(h) Similar supporting documentation not listed above as determined suitable by the planning director: No
additional documentation provided by applicant.
Land Use District: Currently, the property is located in the Urban Residential Mobile (URM) Land Use
District, in which single-family detached residential dwellings of are permitted as-of-right.
1988 Monroe County Mobile Home Study: The 1988 Monroe County Mobile Home Study did detail a mobile
home structure with a conventional addition existed on the property at this time.
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 Residential ROGO system.
If the exempted dwelling unit is 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 unit and any new accessory
structures must be built in compliance with all applicable regulations of the County Code and Comprehensive
Plan in effect at the time of development approval. Furthermore, if the exempted dwelling unit is not replaced,
but substantially improved as defined in the County Code, the unit 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 me at(305)453-8733 or Baunian- ar b 1rM,1�ri lncr trc c t,t� f I). cro .
Sincerely, \
" a•.._c._. 0'->- . cam.._
Barbara Bauman, Senior Planner
ROGO Exemption Request for 00461740-000000,File#2017-R013 Page 2 of 2