Item B6
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 17,2005 Division: Growth Management
Bulk Item: Yes No X Department: Planning
Staff Contact Person: Marlene Conaway
AGENDA ITEM WORDING:
Public hearing to adopt an Ordinance amending the Monroe County Land Development Regulations to
revise Section 9.5-124 through 9.5-124.8 Non-Residential Rate of Growth Ordinance (NROGO)
utilizing the Tier Overlay as the basis for the competitive point system.
[1st of2 required public hearings]
ITEM BACKGROUND: On January 21,2004 and in Ordinance # 018-2004 the BOCC directed staff
to prepare draft text and map amendments and other supporting studies in order to effectuate the
provisions of Goal 105 of the 201 0 Comprehensive Plan and Rule 28-20.1 00 F.A.C. Several
stakeholder forums and two community workshops were held and the Planning Commission reviewed
the staff draft at four public hearings, amended the draft and recommend approval. Adoption of this
ordinance will not occur until the DCA has completed its review of the proposed 2010 Comprehensive
Plan amendments to be sent to that agency under the two Transmittal Resolutions. This is a
continuation of the Hearing held on February 16, 2005. Proposed revisions to draft ordinance made by
staff since February hearing are shown with a bold underline for additions and with a double
strikethrough for deletions and are summarized in the staffs cover memorandum..
PREVIOUS RELEVANT BOCC ACTION:
Ordinance No. 018-2004 adopted June 16,2004 directed staff to prepare text and map amendments to
implement Goal 105. Goal 105 was adopted in Ordinance No. 20- 2002.
CONTRACT/AGREEMENT CHANGES: None.
STAFF RECOMMENDATIONS: Approval
TOT AL COST: N/A BUDGETED: Yes N/A No
COST TO COUNTY: N/A SOURCE OF FUNDS: NI A
REVENUE PRODUCING: Yes NI A No AMOUNT PER MONTH N/A Year
APPROVED BY: County Atty ~
DIVISION DIRECTOR APPROVAL:
DOCUMENT A TION: Included X
DISPOSITION: AGENDA ITEM #
A
.
PROPOSED AMENDMENTS TO THE NON-RESIDENTIAL
RATE OF GROWTH SECTIONS OF THE MONROE
COUNTY LAND DEVELOPMENT REGULATIONS
THE BOCC ORDINANCE
ll1is ordinance will amend the Monroe County Land Development Regulations by amending
Sections 9.5-124 through 9.5-124 changing the Non-Residential Rate of Growth Ordinance
(NROGO) to utilize the Tier Overlay as the basis for the competitive point system.
[1st of 2 required public hearings]
BOARD OF COUNTY COMMISSIONERS
MARATHON EOC ROOM
ORDINANCE NO. 2005
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS ADOPTING AMENDMENTS TO THE MONROE
COUNTY LAND DEVELOPMENT REGULATIONS TO REVISE
SECTIONS 9.5-124 THROUGH 9.5-124.8 NON-RESIDENTIAL RATE OF
GROWTH ORDINANCE (NROGO) OF THE MONROE COUNTY LAND
DEVELOPMENT REGULATIONS UTILIZING THE TIER OVERLAY AS
THE BASIS FOR THE COMPETITIVE POINT SYSTEM; PROVIDING
FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR IN CORPORA TION IN THE MONROE COUNTY
CODE OF ORDINANCES; DIRECTING THE PLANNING AND
ENVIRONMENT AL RESOURCES DEPARTMENT TO TRANSMIT A
COpy OF THIS ORDINANCE TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS; AND, PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Monroe County Board of County Commissioners, during three public
hearings held in December, 2004 and January and February 2005, reviewed and considered the proposed
amendments to the Land Development Regulations to revise Sections 9.5-124 through 9.5-124.8 non-
residential rate of growth ordinance (NROGO) of the Monroe County Land Development Regulations
utilizing the tier overlay as the basis for the competitive point system; and
WHEREAS, the Monroe County Board of County Commissioners directed staff to prepare
text and map amendments to the Year 2010 Comprehensive Plan and Land Development Regulations to
base the County's environmental regulations protecting the habitat on the Year 2010 Comprehensive
Plan Goal lOS's Tier system rather than the existing Habitat Evaluation Index; and
WHEREAS, Goal 105 provides a framework for future development and land acquisition
for the next 20 years that considers the carrying capacity of the Florida Keys, reduces sprawl and
promotes sustainability; and
WHEREAS, the proposed NROGO is a positive system, awarding major points for the Tier
location of property: Tier III - +20 points; Tier II - + 1 0 points; Tier I - 0 points. Points may be accrued
by donating lots to the County for preservation in Tier I and Tier II; and
WHEREAS, the current NROGO has thirteen criteria for assigning points; the proposed
NROGO contains nine criteria, awarding major points for the Tier location of a property. Additional
points may be accrued by providing for employee housing on site, reducing intensity and through
landscaping and water conservation.
WHEREAS, a separate point system has been included for Big Pine Key and No Name Key
that follows the requirements of the Habitat Conservation Plan permit application and the Livable
CommuniKeys Master Plan for the Islands; and
Bocccp-NROGO amend Page 1 of 12
WHEREAS, NROGO has been completely redrafted utilizing the Tier System as the basis.
The habitat protection and reduction of sprawl, which are the planning reasons for most of the points
were considered during drafting and are the basis of the Tier maps; and
WHEREAS, the Planning and Environmental Resources Department prepared
amendments to Chapter 9.5 (Land Development Regulations) consistent with proposed amendments
to the Year 2010 Comprehensive Plan that incorporated the above changes in the County's
environmental regulations based on the Tier system; and
WHEREAS, the Planning Commission, after hearing comments at four public hearings,
made changes to the staff draft amendments and recommended approval of the proposed
amendments to incorporate changes to the County's NROGO based on the Tier system; and
WHEREAS, the Planning and Environmental Resources Department has made minor
changes to the proposed draft based on direction of the Planning Commission, including minor text
revisions to ensure readability and correct typographical errors or omissions in the text; and
WHEREAS, the Board of County Commissioners has reviewed the proposed
amendments to the Land Development Regulations as recommended by the Planning Commission
and the Planning and Environmental Resources Department; and
WHEREAS, the Board of County Commissioners finds the proposed amendments to the
Land Development Regulations are consistent with and further goals, objectives and policies of the
Year 201 0 Comprehensive Plan, particularly Goal 105 and recently adopted set of comprehensive
plan amendments to effectuate the Tier system;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. Amend Section 9 .5-124(b) to create a definition for "buildable lot or parcel" that
reads as follows:
Buildable lot or parcel means the lot or parcel must contain a minimum of two thousand
(2,000) square feet of uplands, including any disturbed wetlands that can be filled
pursuant to this chapter.
Section 2. Delete the definition of "Infill Site" in Section 9 .5-124(b).
Section 3. Amend Section 9.5-124.2 as follows:
Sec. 9.5-124.2 Type of development affected and special requirements.
(a) The NROGO shall apply to the development of all new and expanded non-
residential floor area and other uses, except as exempted by this division, us described in
subsections (b) and (c) below for which a building permit or development approval is
required by this chapter and for which building permits have not been issued prior to the
effective date of the non residential permit allocation system this ordinance.
(b) Notwithstanding the provisions of section 9.5-4(D-8) development, the
following new uses shall be prohibited until appropriate areas are so designated in a
Bocccp-NROGO amend Page 2 of 12
community muster plan: only be eligible for a NROGO allocation under this chapter on
sites located within a designated Commercial Center Overlay area:
(I) Commercial retail very high-intensity uses that generate more than one
hundred fifty (150) vehicle trips per one thousand (1,000) square feet of
floor area.
(2) Storage areas as a principal use not located within a Light Industrial (LI),
Industrial (l), or Maritime Industries (M!) district.
(3) Outdoor retail sales areas on a vacant lot and any new or expanded outdoor
retail sales associated with a lawfully established structures,existing on the
effective date of this division, ofless than five hundred (500) square feet of
floor area, not located within a Light Industrial (Ll), Industrial (I), or
Maritime Industries (M!) district.
(4) Commercial outdoor recreation uses.
(c) New or expanded outdoor retail sales associated with a lawfully
established structure, existing on the effective date of this afttel.e division, of at least five
hundred (500) square feet of floor area may be permitted with a minimum of a minor
conditional use approval iflocated within a designated Tier III area.
(d) Enclosing of any canopies or drive-throughs in existence on or before
September 19,2001, the dute of the adoption ofNROGO Ordinance No. 032 2001, shall
require a NROGO allocation.
(e) The special standards established elsewhere in this chapter for a
designated Commercial Center Overlay area or a specific Key(s) Overlay Zone, may
supercede, modify, or supplement the standards established for NROGO in this division,
(t) Non-public institutional uses on Big Pine Key and No Name Key are
subject to the provisions of NROGO pursuant to the following special conditions and
standards:
(1) A non-public institutional floor area and use, existing on the effective date
of the issuance of the Incidental Take Permit for the Florida Key Deer and
other covered species, may be expanded by two-thousand five hundred
(2500) square feet of floor area per NROGO year. These allocations are
to be made on a "first come, first served" basis.
(2) New non-public institutional uses on Big Pine Key and No Name Key are
subject to the provisions ofNROGO .
(g) All new or expanded non-residential development on Big Pine Key and
No Name Key is subiect to the provisions of the Incidental Take Permit and the Habitat
Conservation Plan for the Florida Key Deer and other covered species, which may affect
Bocccp-NROGO amend Page 3 of 12
NROGO allocations under this chapter. All new and expanded non-residential
development shall be limited to scarified or disturbed lands and clearing of any pinelands
and/or hammock is prohibited.
Section 4. Amend Section 9.5-124.3 (a)(4) as follows:
(4) Development activity for certain not-far-profit organizations: Except for
the non-public institutional uses on Big Pine Key and No Name Key
pursuant to section 9 .5-124.2, ~non-residential development activity
within Tier II and III designated areas by federally tax exempt not-for-
profit educational, scientific, religious, social, cultural and recreational
organizations, which predominatel y serve the county's permanent
population, if approved by the planning commission after review and
recommendation by the planning director, This exemption is subiect to
the condition that a restrictive covenant be placed on the property prior to
the issuance of a building permit. The restrictive covenant shall run in
favor of Monroe County for a period of at least twenty (20) years. Any
change in the use or ownership of the property subiect to this restrictive
covenant shall require prior approval by the planning commission, unless
the total floor area exempted by the planning commission is obtained
through an off-site transfer of floor area and/or non-residential floor area
allocation pursuant to this chapter. If the total amount of floor area that is
transferred and/or allocated meets or exceeds the total amount of floor
area exempted, the restrictive covenant shall be vacated bv the County.
This not-for-profit exemption IS not applicable to non-residential
development proposed within those areas proposed for acquisition by
governmental agencies for the purpose of resource protection a Tier I
designated area.
Section 5. Amend Section 9.5-124.3 (a)(lO) b. as follows:
b. Criteria for redevelopment of non-residential floor area off-site: In order to
redevelop off-site, a receiver site shall be evaluated for site conditions and
shall meet all the following criteria:
1. Has existing lawfully established non residential floor area or tis
an in fill site located within a Tier III designated area, and if on Big
Pine Key, is located within the designated Community Center
Overlay area: and,
Il. Is located within the same ROGO subarea as the sender site, except
that for a receiver site on Big Pine Key, the sender site shall also
be located on Big Pine or No Name Keys; and,
Ill. Is not a commercial very high intensity retail use which will
generate more than one hundred fifty (150) vehicle trips per one
thousand (1,000) square feet oft10or area; and,
1'1:1 Is Rot located on Big Pine Key, No Name Key or \vithin a C^.RL
1'.
acquisition area
Bocccp-NROGO amend Page 4 of 12
v~ Reeeives no negative environmental points when evaluated
pursuant to subsections 9.5 121.8(a)(1) (6); and
"ft:-l v. Is not located within a "V" special flood hazard zonc pursuant to
subsection 9.5 121.8(a)(8); and "-
V11. Is not located in a coastal burrier resources system pursuant to
subseotion 9.5 121.8(a)(9); und
V111. Is not located in an offshore island/conservation land protection
area pursuant to subseotion 9.5 121.8(a)(10).
Section 6. Amend Section 9.5-124.4, "NROGO allocations" (a) and (b) as follows:
(a) Maximum amount of available floor area for the annual non-residential
ROGO allocations: The maximum amount of floor area available for allocation under
NROGO shall be determined by multiplying the number of residential permits available
for the annual residential allocation period year by two hundred thirty-nine (239) square
feet and rounding the product to the nearest one hundred (100) square feet. The
maximum amount of available floor for annual allocations shall be computed separately
for Big Pine Key and No Name Key and for the remainder of unincorporated Monroe
County. This maximum total may be adjusted as provided for in 5Hbsection 9.5-1 24.6(a).
Except for Big Pine Key and No Name Key. .f'.for the first annual allocation period, the
maximum amount of floor area that may be made available for allocation is to be based
upon the number of permits issued under ROGO, starting with the Third Quarter, ROGO
Year I (starting April 14, 1993) through ROGO Year 9 (ending July 13, 2001) and
number of ROGO allocations to be made in ROGO Year 10, reduced by the amount of
non-residential floor area approved in permits, issued after the adoption of the
comprehensive plan on April 15, 1993. Any remaining part of the maximum annual
allocation not made available for allocation in an annual allocation period by the board of
county commissioners in 5Hbsection 9.5-124.4(g) shall be carried over to the next annual
allocation period.
(b) Maximum allocation of non-residential floor area by site: The amount of
non-residential floor area to be allocated shall be limited to a maximum of two thousand
five hundred (2,500) square feet for anyone site, except for sites designated for non
residential development in a community master plan located within a designated
Community Center Overlay area. For sites located within a community muster plan
Community Center Overlay area. the maximum allocation shall only be limited by the
maximum floor area per structure in subsection (c) below.
Section 7. Amend Section 9.5-124.4 by creating new Section 124.4 (i) and (j) that read as
follows:
(i) First Allocations for Biz Pine Kev and No Name Kev: F or the first
allocation period, the maximum amount of floor area available for allocation shall be
based on the number of permits issued under the 200 allocations authorized by the Big
Pine Key and No Name Key Community Master Plan and the number of ROGO
allocations to be made available in the ROGO Year 13 beginning July 17 , 2004.
Bocccp-NROGO amend Page 5 of 12
(j) Separate Allocations for Big Pine Kev and No Name Kev: Allocations for
Big Pine Key and No Name Key shall be administered and awarded separately from
those for the remainder of unincorporated Monroe County.
Section 8. Amend Section 9.5-124.6 (b)(1) as follows:
(1) Within thirty (30) days of an allocation date, unless otherwise extended by
the planning commission, the planning director shall:
a. Complete the evaluation of all allocation applications submitted
during the relevant allocation period~ and
b. Total the amount of square footage for which allocation
applications have been received for Big Pine Key and No Name
Key and for the remainder of unincorporated Monroe County; and
c. Rank the floor area allocation applications, in descending order
from the highest evaluation point total to the lowest for each size
classification for Big Pine and No Name Key and the remainder of
unincorporated Monroe County.
Section 9. Amend Section 9.5-124. 7(a) and (b) "Administrative relief "as follows:
(a) Eligibility: An applicant is eligible for administrative relief under the
provisions of this section if all the following criteria are met:
(1) The applicant has complied with all requirements of the non-residential
permit system allocation system.
(2) The subject application has not been withdrawn; and,
(3) The subject application has been considered in at least three (3) of the first
four (4) consecutive annual allocation periods and has failed to receive an
allocation award.
(b) Application: An application for administrative relief shall be made on a
form prescribed by the director of planning and may be filed with the planning
department no earlier than the conclusion of the thi-ffi fourth allocation period and no
later than one hundred twenty (120) days following the close of the fourth annual
allocation period.
Section 10. Amend Section 9.5-124. 7to read as follows:
(a) Evaluation point values: The following point values established are to be
applied cumulatively except where otherwise specified:
(1) Tier designation: The following points are intended to discourage non-
residential development in environmentally sensitive areas and areas
Bocccp-NROGO amend Page 6 of 12
within sufficient infrastructure and to direct and encourage non-residential
development in appropriate infill areas, while recognizing that any
development has affects on the carrying capacity of the Florida Keys:
Point Assignment: Criteria:
0 ; An application which proposes non-residential
development within an area designated Tier I
[N atural Area].
10 An application which proposes non-residential
development within an area designated Tier II
[Transition and Sprawl Reduction Area].
+20 An application which proposes non-residential
development within an area designated Tier III
[Infill Area].
(2) Intensity reduction: The following points are intended to encourage the
voluntary reduction of intensity:
Point assignment: Criteria:
+4 An application proposes development that reduces the
permitted floor area ratio (F AR) to twenty three
percent (23%) or less.
Additional requirement:
A legally binding restrictive covenant running in favor.
of Monroe County that restricts the floor area ratio of
the property to a maximum of twenty three percent
(23%) for a period of ten (10) years shall be approved
by the growth management director and county
attorney and recorded in the office of the clerk of the
county prior to the issuance of any building permit
pursuant to an allocation award.
(3) Land dedication: The following points are intended to encourage the
voluntary dedication of vacant, buildable land within those areas proposed
for acquisition by governmental agencies for the purposes of conservation,
resources protection, restoration or density reduction, and if located within
Tier II or Tier III, for the purpose of providing land for affordable housing
where appropriate:
Bocccp-NROGO amend Page 7 of 12
Point assignment: , Criteria:
+4 ; An application which includes the dedication to
Monroe County of one (1) vacant, legally platted,
buildable lot, zoned IS, IS-D, IS-M, URM, URM-L, or
CFV. Each additional vacant, legally platted, buildable
lot which IS dedicated that meets the above
requirements will earn the application the additional
points as specified.
+ 1 per 5,000 square feet oflot area An application which includes the dedication to
Monroe County of a vacant, legally platted, buildable
lot of five thousand (5,000) square feet or more
wi thin a Suburban Residential District (SR) or
. Suburban Residential ~ Limited District (SR-L) in a
; designated Tier I area. Each additional vacant,
, legally platted, buildable lot of five thousand (5,000)
square feet or more that meets the above requirements
will earn points as specified.
+0.5 An application which includes the dedication to
, Monroe County of one (1) vacant, legally platted lot of
five thousand (5,000) square feet or more within a
Native Area District (NA) or Sparsely Settled District
(SS) within a designated Tier I area. Each additional
vacant, legally platted, buildable lot that meets the
above requirements will earn the half (0.5) point as
specified.
+4 An application which includes dedication to Monroe
County of at least one (1) acre of vacant, unplatted,
buildable land located within a designated Tier I area.
: Each additional one (1) acre of vacant, unplatted,
buildable land that meets the above requirements will:
earn the points as specified.
: Additional requirements
The application shall include but not be limited to the
following:
* An affidavit of ownership of all affected lots,
parcels, acreage or land; and
* A statutory warranty deed, that conveys the
dedicated property to the county shall be approved
by the growth management director and county
attorney and recorded in the office of the clerk of
the county prior to the issuance of any building'
.... . permit Pllrsuant to an allocation award.
Bocccp-NROGO amend Page 8 of]2
(4) Special flood hazard area: The following points are intended to
discourage development within high risk special flood hazard zones:
. Point assignment: Criteria;
; -4 An application which proposes development within a:
"V" zone on the FEMA Flood Insurance Rate Map.
(5) Perseverance points: The following points are intended to reward an
application based upon the number of years spent in the non-residential
ROGO system without receiving an allocation award.
Point assignment: Criteria:
+1 A point shall be awarded on the anniversary of the
controlling date for each year that the application
remains in the NROGO system up to four years.
+2 Points shall be awarded on the anniversary of the
controlling date for each year over tour (4) that the
application remains in the NROGO system.
(6) Highway access: The following points are intended to encourage
connections between commercial uses and reduction of the need for trips
and access onto U.S. Highway 1:
Point assignment: Criteria;
+3 : The project eliminates an existing driveway or access-
way to U.S. Highway 1.
+2 The projects does not provide for a new driveway or
. access-way to U.S. Highway 1.
(7) Landscaping and water conservation: The following points are intended
to encourage the planting of native vegetation and promote water
conservati on:
, Point assignment: Criteria:
, +3 The project provides a total of two hundred (200)
percent of the number of native landscape plants on its
property than the number of native landscape plants
required by this chapter within landscaped bufferyards
and parking areas.
+1 Twenty- five percent (25%) of the native plants
provided to achieve the three (3)point award above or
Bocccp-NROGO amend Page 9 of 12
provided to meet the landscaped bufferyard and
parking area requirements of this chapter are listed as
.. threatened or endangered plants native to the Florida
Keys.
+2 Project landscaping is designed for water conservation
such as use of one hundred percent (100%) native
. plants for vegetation, collection and direction of
rainfall to landscaped areas, or application of re-used
wastewater or treated seawater for watering
landscaped plants.
Additional requirements:
Prior to the issuance of a certificate of occupancy for
the building permit authorized by an allocation award,
the applicant shan:
* Post a two-year performance bond in accordance
with this chapter to ensure maintenance of the
native plants; and,
* Shall sign an affidavit acknowledging that he is
subject to code enforcement action should the
native plants not be maintained.
(8) Central wastewater treatment system availability: The following points
shall be assigned to encourage development in areas served by central
wastewater treatment systems:
Point Assignment: Criteria:
+4 An application which development is required to be
connected to a central wastewater treatment system
that meets BAT! A WT standards established by the
Florida Legislature.
(9) Employee housing: The following points, up to a maximum of four (4)
shall be assigned to allocation applications that make provisions for
employee housing units:
Point Assignment: Criteria:
+ 2 per unit Proposes an employee housing unites) which is
. located on the parcel with the nonresidential floor
space requested in the allocation application.
Additional Requirements:
1. The employee housing unit shall be required to
meet the applicable provisions of section 9.5-
266.
; 2. The proposed employee housing unites) shall be
Bocccp-NROGO amend Page 10 of 12
included in the development approval for the
nonresidential development proposed m the
allocation application.
3. A certificate of occupancy shall be granted for the
nonresidential development authorized by the
allocation award, but shall not be issued prior to
the certificate of oecupancy for the employee
housing units.
Section 11. If any section, subsection, sentence, clause or provision of this ordinance is held
invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 12. All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict. The repeal of an ordinance herein shall not repeal the
repealing clause of such ordinance or revive any ordinance which has been repealed thereby.
Section 13. This ordinance does not affect prosecution for ordinance violations committed prior
to the effective date of this ordinance; does not waive any fee or penalty due Or unpaid on the
effective date of this ordinance; and does not affect the validity of any bond or cash deposit
posted, filed, or deposited pursuant to the requirements of any ordinance.
Section 14. This ordinance shall be filed in the Office of the Secretary of State of Florida but
shall not become effective until a notice is issued by the Department of Community Affairs or
Administration Commission approving the ordinance.
Section 15. This ordinance shall be transmitted by the Planning and Environmental Resources
Department to the Florida Department of Community Affairs to determine the consistency of this
ordinance with the Florida Statutes.
Section 16. The provisions of this ordinance shall be included and incorporated in the Code of
Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be
appropriately numbered to conform to the uniform numbering system of the Code.
[THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK.]
Bocccp-NROGO amend Page II of 12
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting of said Board held on the _ day of , A.D. ,2005.
Mayor Dixie Spehar
Mayor Pro Tem Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner David Rice
Commissioner Murray E. Nelson
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
BY:
Mayor/Chairperson
(SEAL)
ATTEST: DANNY KOHLAGE, CLERK
MONROE COUNTY ATTORNEY
APP,ROV~O ~ TO FOAM
DII': ckFI~:(,/ 1;.; . ,/ >'; ~ r- <~
BY:
Deputy Clerk
Bocccp-NROGO amend Page 12 of 12
STAFF REPORT
BOARD OF COUNTY COMMISSIONERS
MARA THON Eoe ROOM
,
Monroe County Department of Planning and Environmental Resources
2798 Overseas Highway ~ Marathon Florida 33050
305-289-2500 conaway-marlene@monroecouny-fLgov
November 28,2004
TO: Monroe County Board of County Commissioners
FROM: K. Marlene Conaway, Director
RE: NROGO Land Development Regulation (LDR) amendment to implement
Goal I 05
Introduction
Goal 105 provides a framework for future development and land acquisition for the next
20 years that considers the carrying capacity of the Florida Keys, reduces sprawl and
promotes sustainability. Attached is the proposed amendment to the Comprehensive Plan
to implement the goal, Rule 28-100 and the Florida Keys Carrying Capacity Study
(FKCCS).
Staff is recommending that three public hearings be held before the Board of County
Commissioners, one in each area, before adoption of the Transmittal Resolution.
Hopefully, this schedule will allow us to finish the adoption process by June 2005.
Background
The Board of County Commissioners (BOCC), at a regular meeting on January 21, 2004,
directed Growth Management staff to prepare an ordinance deferring ROGO and
NROGO allocation awards in areas containing tropical hardwood hammock or pinelands
of two acres or greater within Tier I - Conservation and Natural Areas (CNA), while staff
prepares draft text and map amendments and other supporting studies in order to
effectuate the provisions of Goal 105 of the 2010 Comprehensive Plan, and Rule 28-
20.100 FAC.
The Planning Commission reviewed the staff proposed draft at a workshop in June and an
amended draft in four public meetings in September, October and November 2004. The
Planning Commission approved several amendments and voted to recommend the
attached draft to the BOCC on November 3, 2004. During the summer three focus group
meetings were held; two with the construction industry representatives and one with a
group of interested individuals and environmental groups. Several planned meetings were
cancelled due to the hurricanes and finally two evening community workshops, one in
Key Largo and one in Sugarloaf, were held in October.
NROGO Amendment
Overview
NROGO has been completely redrafted utilizing the Tier System as the basis of the point
awards. A summary of proposed changes is provided in the attachment. The proposed
NROGO is a positive system, awarding major points for the Tier location of a property.
Additional points may be accrued by dedicating lots, reducing intensity and through
landscaping and water conservation. Up to four points may be assigned to an NROGO
Page 1 of2
Monroe County Department of Planning and Environmental Resources
2798 Overseas Highway Marathon Florida 33050
305-289-2500 conaway-marlene(G}monroecouny- fl.gov
application when employee housing is proposed to be located on the parcel with the non-
residential floor area.
Amendments to implement the BPK and NNK Master Plan requirements for NROGO are
also included.
Page 20f2
Attachment B
Comparison of Current. &
Proposed NROGO Point System
Existin2 Action Tier System
I) IOOll Delete Included in Tier III
2) Intensity Reduction Keep +4 points in all Tiers
3) Land dedication Keep +4 Points legally platted buildable lot in
Tier I and II, 5000 sf Tier I lot res. low - + I
point max net and + 1/2 point no max net.
+3 points acre of buildable land.
4) Habitat Protection Delete Included in Tier I - High/moderate quality
hammock, Tier II - Low quality hammock
5) Threatened and Delete Included in Tier I
..,
Endangered Species
o Turtle nesting area protected oSee. 9.5-349(p)- Turtle nesting area
6) Critical Habitat Areas De lete Included in Tier I
7) Perseverance Points Keep Points awarded yearly
8) Coastal High Hazard Area Change -4 points "V" zone on FEMA maps in all
Tiers "Special Flood Hazard Area".
9) Coastal Barrier Resources Delete Included in Primarily Tier I
System
10 Conservation Land Delete Included in Tier I by definition
Protection Areas
11) Historic Resources Delete Sec. 9.5-451-460 only refers to designated.
PC - Add to development review check list.
12) Highway Access Keep All Tiers
13) Landscaping and Water Keep All Tiers
Conservation
Add Employee Housing
+ 2 Points per housim~ unit up to 2 units
Add Central Sewer ,
+4 Points - priority for sewered areas
conaway-marlene 1211/2004
PLANNING COMMISSION RESOLUTION
BOARD OF COUNTY COMMISSIONERS
MARATHON-EOCROOM
PLANNING COMMISSION RESOLUTION NO, 63-2005
A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION
RECOMMENDING APPROVAL TO THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS OF THE REQUEST BY THE MONROE
COUNTY PLANNING DEPARTMENT TO APPROVE THE AMENDMENTS
TO THE MONROE COUNTY LAND DEVELOPMENT REGULATIONS BY
REVISING SECTIONS 9.5-124 THROUGH 9.5-124.8 NON-RESIDENTIAL
RATE OF GROWTH ORDINANCE (NROGO) OF THE MONROE COUNTY
LAND DEVELOPMENT REGULATIONS UTILIZING THE TIER OVERLAY
AS THE BASIS FOR THE COMPETITNE POINT SYSTEM.
WHEREAS, the Monroe County Planning Commissioner, during a public hearing held November
16, 2004, reviewed and considered the proposed amendment to the Land Development Regulations to
revise Sections 9.5-124 through 9.5-124.8 non-residential rate of growth ordinance (NROGO) of the
Monroe County Land Development Regulations utilizing the tier overlay as the basis for the competitive
point system; and
WHEREAS, the Monroe County Board of County Commissioners directed staff to prepare text and
map amendments to the Year 2010 Comprehensive Plan and Land Development Regulations to base the
County's environmental regulations protecting the habitat on the Year 2010 Comprehensive Plan Goal
lOS's Tier system rather than the existing Habitat Evaluation Index; and
WHEREAS, Goal 105 provides a framework for future development and land acquisition for the
next 20 years that considers the carrying capacity of the Florida Keys, reduces sprawl and promotes
sustainability; and
WHEREAS, the proposed NROGO is a positive system, awarding major points for the Tier location
of property: Tier III - +20 points; Tier II - +10 points; Tier I - 0 points. Points may be accrued by
donating lots to the County for preservation in Tier I and Tier II; and
WHEREAS, the current NROGO has thirteen criteria for assigning points, the proposed NROGO
contains nine criteria, awarding major points for the Tier location of a property. Additional points may
be accrued by providing for employee housing on site, reducing intensity and through landscaping and
water conservation.
WHEREAS, a separate point system has been included for Big Pine Key anti No Name Key that
follows the requirements of the Habitat Conservation Plan permit application and the Livable
CommuniKeys Master Plan for the Islands; and
WHEREAS, NROGO has been completely redrafted utilizing the Tier System as the basis. The
habitat protection and reduction of sprawl, which are the planning reasons for most of the points were
considered during drafting and are the basis of the Tier maps; and
WHEREAS, the Planning Commission, after hearing public comments and staff input at four
public hearings, finds the proposed amendments to the Land Development Regulations to revise
Sections 9.5-124 through 9.5-124.8 Non-Residential Rate of Growth Ordinance (NROGO) utilizing the
tier overlay as the basis for the competitive point system are consistent with and further goals, objectives
and policies of the Year 2010 Comprehensive Plan, particularly Goal 105 and recently adopted set of
comprehensive plan amendments to effectuate the Tier system;
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION
OF MONROE COUNTY, FLORIDA, to recommend APPROVAL to the Monroe County
Board of County Commissioners of the following amendment to the Land Development
Regulations:
Section 1. Amend Section 9.5-124(b) to create a definition for "buildable lot or parcel" that
reads as follows:
Section 9.5-124(b)
Buildable lot or parcel means the lot or parcel must contain a minimum of two thousand
(2.000) square feet of uplands. including any disturbed wetlands that can be filled
pursuant to this chapter.
Section 2. Delete the definition of "Infill Site" in Section 9 .5-124(b ).1
Section 3. Amend Section 9.5-124.2 as follows:
Sec. 9.5-124.2 Type of development affected and special requirements.
(a) The NROGO shall apply to the development of all new and expanded non-
residential floor area und other uses, except as exempted by this division. as described in
subsections (b) and (c) below for which a building permit or development approval is
required by this chapter and for which building permits have not been issued prior to the
effective date of the non residential permit allocation system this ordinance.2
(b) Notwithstanding the provisions of section 9.5-4(D-8) development, the following
new uses shall be prohibited until appropriate areus are so designated in a community
master plan: only be eligible for a I\TROGO allocation under this chapter on sites located
within a designated Commercial Center Overlay area:3
(1) Commercial retail very high-intensity uses that generate more than one hundred
fifty (150) vehicle trips per one thousand (1,000) square feet of floor area.
(2) Storage areas as a principal use not located within a Light Industrial (LI).
Industrial (n. or Maritime Industries (MI) district.
(3) Outdoor retail sales areas on a vacant lot and any new or expanded outdoor retail
sales associated with a lawfully established structures;-existing on the effective
date of this division. of less than five hundred (500) square feet of floor area, not
located within a Light Industrial (LI). Industrial (1), or Maritime Industries (MI)
di stri ct.
1 The institution of the Tier system eliminates the need for any definition of infill.
2 The existing language has been revised for clarification purposes.
3 Existing language is modified for clarification purposes; to reflect the incorporation of Conunercial Center
Overlay areas; and to provide opportunities for applying certain differing standards for each island community with
a Specific Island Overlay. For example, the Big Pine Key and No Name Key master plan prohibits certain uses and
intensity of uses, which would be allowed elsewhere in the County.
(4) Commercial outdoor recreation uses.
(c) New or expanded outdoor retail sales associated with a lawfully est.ablished
structure, existing on the effective date of this article division, of at least five hundred
(500) square feet of floor area may be permitted with a minimum of a minor conditional
use approval if located within a designated Tier III area.
(d) Enclosing of any canopies or drive-throughs in existence on or before September
19,2001, the date of the adoption ofNROGO Ordinance No. 032 2001, shall require a
NROGO allocation.4
(e) The special standards established elsewhere in this chapter for a designated
Commercial Center Overlay area or a specific Key(s) Overlay Zone. may supercede.
modify, or supplement the standards established for NROGO in this division.s
(f) Non-public institutional uses on Big Pine Key and No Name Key are subiect to
the provisions ofNROGO pursuant to the following special conditions and standards:6
(1) A non-public institutional floor area and use. existing on the effective date of the
issuance of the Incidental Take Permit for the Florida Key Deer and other covered
species. may be expanded by two-thousand five hundred (2.500) square feet of
floor area per 1\TROGO year. These allocations are to be made on a "first come.
first served" basis.
(2) New non-public institutional uses on Big Pine Key and No Name Key are subiect
to the provisions ofNROGO .
(g) All new or expanded non-residential development on Big Pine Key and No Name
Key is subiect to the provisions of the Incidental Take Permit and the Habitat
Conservation Plan for the Florida Key Deer and other covered species. which may affect
NROGO allocations under this chapter. All new and expanded non-residential
development shall be limited to scarified or disturbed lands and clearing of any pine1ands
and/or hammock is prohibited. 7
4 The specific ordinance that establishes the date does not have to be identified in the text.
S This provision allows each Commercial Center Overlay area to incorporate special standards as needed to fit the
differing needs of each Keys community.
6 These provisions reflect the adopted community master plan for Big Pine Key and No Name Key and the HCP.
7 This language is necessary to provide basis for making unforeseen adjustments in the NROGO allocations for Big
Pine Key and No Name Key that may be necessitated by the restrictions contained in the "H" budget of the Hep
and lncidental Take Permit.
Section 4. Amend Section 9.5-124.3 (a)(4) as follows:8
Section 9.5-124.3 (a)(4)
(4) Development activity for certain not-for-profit organizations: Except for the non-
public institutional uses on Big Pine Key and No Name Key pursuant to section 9.5-
124.2, Nnon-residential development activity within Tier II and III designated areas by
federally tax exempt not-for-profit educational, scientific, religious, social, cultural and
recreational organizations, which predominately serve the county's permanent
population, if approved by the planning commission after review and recommendation by
the planning director. This exemption is subject to the condition that a restrictive
covenant be placed on the property prior to the issuance of a building permit. The
restrictive covenant shall TUn in favor of Monroe County for a period of at least twenty
(20) years. Any change in the use or ownership of the property subject to this restrictive
covenant shall require prior approval by the planning commission, unless the total floor
area exempted by the planning commission is obtained through an off-site transfer of
floor area and/or non-residential floor area allocation pursuant to this chapter. Ifthe total
amount of floor area that is transferred and/or allocated meets or exceeds the total amount
of floor area exempted, the restrictive covenant shall be vacated by the County. This not-
for-profit exemption is not applicable to non-residential development proposed within
those areas proposed for acquisition by governmental agencies for the purpose of
resource protection a Tier I designated area.9
Section 5. Amend Section 9.5-124,3 (a)(10) b. as follows: 10
Section 9.5-124 .3 (a)(10) b
1. Has existing lawfully established non residential floor area or lis un infill
&it€ located within a Tier III designated area, and if on Big Pine Key. is
located within the designated Community Center Overlay area; and,
11. Is located within the same ROGO subarea as the sender site, except that
for a receiver site on Big Pine Key. the sender site shall also be located on
Big Pine or No Name Keys; and,
111. Is not a commercial YID high intensity retail use which will generate
more than one hundred fifty (150) vehicle trips per one thousand (1,000)
square feet of floor area; and,
I" Is not located on Big Pine Key, No Name Key or within a C~\RL
,. ~
acquisition area
',/. Receives no negative environmental points '.vhen evaluated pursuant to
subsections 9.5 124.8(0)(4) (6); und
'Vr.IV, Is not located within a ttVH special flood hazard zone pursuant to
subsection 9.5 124.8(0)(8); and:.
8 This proposed language will help ensure that the floor area granted under the exemption provisions of these
regulations will be restricted to entities and uses that meet the criteria for such an exemption even upon transfer of
ownership.
9 This language reflects incorporation of Tier system.
10 The institution of the Tier system requires these revisions to existing criteria as the Tier system eliminates the
need for addressing negative points for habitat and off-shore islands,
'Ill. Is not locuted in a coastal barrier resources system pursuant to subsection
9.5 124.8(a)(9); and
"
\'111. Is not located in un offshore island/conservation land protection area
pursuant to subsection 9.5 124.8(u)(10).
Section 6. Amend Section 9.5-124.4(a) and (b) as follows:! I
Section 9.5-124.4
(a) Maximum amount of available floor area for the annual non-residential ROGO
allocations: The maximum amount of floor area available for allocation under NROGO
shall be determined by multiplying the number of residential permits available for the
annual residential allocation period year by two hundred thirty-nine (239) square feet and
rounding the product to the nearest one hundred (100) square feet. The maximum amount
of available floor for annual allocations shall be computed separately for Big Pine Key
and No Name Key and for the remainder of unincorporated Monroe County. This
maximum total may be adjusted as provided for in sW3section 9.5-124.6(a). Except for
Big Pine Key and No Name Key, Ffor the first annual allocation period, the maximum
amount of floor area that may be made available for allocation is to be based upon the
number of permits issued under ROGO, starting with the Third Quarter, ROGO Year 1
(starting April 14, 1993) through ROGO Year 9 (ending July 13,2001) and number of
ROGO allocations to be made in ROGO Year 10, reduced by the amount of non-
residential floor area approved in permits, issued after the adoption of the comprehensive
plan on April 15, 1993. Any remaining part of the maximum annual allocation not made
available for allocation in an annual allocation period by the board of county
commissioners in sW3section 9.5-124.4(g) shall be carried over to the next annual
allocation period.
(b) Maximum allocation of non-residential floor area by site: The amount of non-
residential floor area to be allocated shall be limited to a maximum of two thousand five
hundred (2,500) square feet for anyone site, except for sites designated for non
residential de'lelopment in a community master plan located within a designated
Community Center Overlay area. For sites located within a community master plan
Community Center Overlay area, the maximum allocation shall only be limited by the
maximum floor area per structure in subsection (c) below.
,
Section 7. Amend Section 9.5-124.4 by creating new Section 124.4 (i) and (j) that read as
follows:
Section 9.5-124.4
(i) First Allocations for Big Pine Kev and No Name Kev: F or the first
allocation period, the maximum amount of floor area available for allocation shall be
based on the number of permits issued under the 200 allocations authorized by the Big
Pine Key and No Name Key Community Master Plan and the number of ROGO
allocations to be made available in the ROGO Year 13 beginning July 17, 2004.
11 This amendment and the following two amendments are required to implement the Habitat Conservation Plan and
Community Master Plan for Big Pine Key and No Name Key.
.
en Separate Allocations for Big Pine Kev and No Name Kev: Allocations for
Big Pine Key and No Name Key shall be administered and awarded separately from
those for the remainder of unincorporated Monroe County.
Section 8. Amend Section 9.5-124.6 (b)(1) as follows:
Section 9.5-124.6 (b)(l)
(1) Within thirty (30) days of an allocation date, unless otherwise extended by the
planning commission, the planning director shall:
a. Complete the evaluation of all allocation applications submitted during the
relevant allocation period; and
b. Total the amount of square footage for which allocation applications have
been received for Big Pine Key and No Name Key and for the remainder
of unincorporated Monroe County; and
c. Rank the floor area allocation applications, in descending order from the
highest evaluation point total to the lowest for each size classification for
Big Pine and No Name Key and the remainder of unincorporated Monroe
County.
Section 9. Amend Section 9.5-124.7(a) and (b) as follows:12
Section 9.5-124.7
(a) Eligibility: An applicant is eligible for administrative relief under the
provisions of this section if all the following criteria are met:
(1) The applicant has complied with all requirements of the non-residential
permit system allocation system.
(2) The subject application has not been withdrawn; and,
(3) The subject application has been considered in at least three (3) of the first
four consecutive allocation periods and has failed to receive an allocation
award.
(b) Application: An application for administrative relief shall be made on a
form prescribed by the director of planning and may be filed with the planning
department no earlier than the conclusion of the t1:H.ffl fourth allocation period and no later
than one hundred twenty (120) days following the close of the fourth annual allocation
period.
12 This language eliminates administrative problems with applications filed prior to completion of fourth allocation
period, removes ambiguity in eligibility language and makes it similar to the language for ROGO, and extends
period for filing apphcation.
Section 10. Amend Section 9.5-124.7to read as follows:
Section 9.5-124.7
(a) Evaluation point values: The following point values established are to be applied
cumulatively except where otherwise specified:
(1) Tier designation: The follov.ring points are intended to discourage non residential
development in environmentally sensitive areas und areas \vithin sufficient infru-structure and to
direct and encourage non residential development in appropriate infil1 areas, while recognizing
that any development has affects on the carrying capacity of the Florida Keys:H
. Point assignment: Criteria:
0 An application which proposes non-
residential development within an area
designated Tier I [Natural Area].
fHO An application which proposes non-
residential development within an area
designated Tier II [Transition and
Sprawl Reduction Area].
+20 An application which proposes non-
residential development within an area
designated Tier III [Infil1 Area].
(2) Intensity reduction: The following points are intended to encourage the voluntary
reduction of intensity: 14
Point assignment: Criteria:
+4 An application proposes development that
reduces the permitted floor area ratio
(FAR) to twenty three percent (23%) or
less.
Additional requirement:
A legally binding restrictive covenant
running in favor of Monroe County that
restricts the floor area ratio of the property
to a maximum of twenty three percent
(23%) for a period of ten (10) years shall
be approved by the growth management
director and county attorney and recorded
13 The points for infill have been revised to incorporate the Tier system. As proposed, this system strongly rewards
projects within Tier III with somewhat less favorable scoring for projects in Tier II.
14 No change has been made, except the wording for the restrictive covenant requirements.
in the office of the clerk of the county prior
to the issuance of any building permit
pursuant to an allocation award.
(3) Land dedication: The following points are intended to encourage the voluntary
dedication of vacant, buildable land within those areas proposed for acquisition by
governmental agencies for the purposes of conservation, resources protection,
restoration or density reduction, and if located within Tier II or Tier III, for the
purpose of providing land for affordable housing where appropriate: 15
Point assignment: Criteria:
+4 An application which includes the
dedication to Monroe County of one (1)
vacant, legally platted, buildable lot, zoned
IS, IS-D, IS-M, URM, URM-L, or CFV.
Each additional vacant, legally platted,
buildable lot which is dedicated that meets
the above requirements will earn the
application the additional points as
specified.
+1 per 5,000 square feet oflot area An application which includes the
dedication to Monroe County of a vacant,
legally platted, buildable lot of five
thousand (5,000) square feet or more
within a Suburban Residential District (SR)
or Suburban Residential- Limited District
(SR-L) in a designated Tier I area. Each
additional vacant, legally platted, buildable
lot of five thousand (5,000) square feet or
more that meets the above requirements
will earn points as specified.
+0.5 An application which includes the
dedication to Monroe County of one (1)
vacant, legally platted lot of five thousand
(5,000) square feet or more within a Native
Area District (NA) or Sparsely Settled
District (SS) within a designated Tier I
area. Each additional vacant, legally
platted, buildable lot that meets the above
requirements will earn the half (0.5) point
as specified.
+4 An application which includes dedication
to Monroe County of at least one (1) acre
of vacant, unplatted, buildable land located
within a designated Tier I area. Each
additional one (1) acre of vacant, unplatted,
buildable land that meets the above
15 The points proposed for land dedication are same as proposed under ROGO.
; requirements will earn the points as
. specified.
Additional requirements
The application shall include but not be
limited to the following:
* An affidavit of ownership of all
affected lots, parcels, acreage or
land; and
* A statutory warranty deed, that conveys
the dedicated property to the county
shall be approved by the growth
management director and county
attorney and recorded in the office of
the clerk of the county prior to the
issuance of any building permit
pursuant to an allocation award.
(4) Special flood hazard area: The following points are intended to discourage
development within high risk special flood hazard zones:16
Point assignment: Criteria:
-4 An application which proposed
development within a "V" zone on the
FEMA Flood Insurance Rate Map.
(5) Perseverance points: The following points are intended to reward an application
based upon the number of years spent in the non-residential ROGO system without receiving an
allocation award.
Point assignment: Criteria:
+1 A point shall be awarded on the
anniversary of the controlling date for each
year that the application remains in the
NROGO system up to four years.
+2 Points shall be awarded on the anniversary
of the controlling date for each year over
four (4) that the application remains in the
NROGO system.
(6) Highway access: The following points are intended to encourage connections between
commercial uses and reduction of the need for trips and access onto U.S. Highway 1:17
16 Negative points for special flood hazards have been revised similar to those for ROGO.
Point assignment: Criteria:
+3 The project eliminates an existing
driveway or access-way to U.S. Highway
1.
.+2 The projects does not provide for a new
driveway or access-way to U.S. Highway
1.
(7) Landscaping and water conservation: The following points are intended to
encourage the planting of native vegetation and promote water conservation:
Point assignment: Criteria:
+3 The project provides a total of two hundred
(200) percent of the number of native
landscape plants on its property than the
number of native landscape plants required
by this chapter wi thin landscaped
bufferyards and parking areas.
+1 Twenty-five percent (25%) of the native
plants provided to achieve the three (3)
point award above or provided to meet the
landscaped bufferyard and parking area
requirements of this chapter are listed as
threatened or endangered plants native to
, the Florida Keys.
+2 Project landscaping is designed for water
. conservation such as use of one hundred
percent (100%) native plants for
vegetation, collection and direction of
rainfall to landscaped areas, or application
of re-used wastewater or treated seawater
for watering landscaped plants.
Additional requirements:
Prior to the issuance of a certificate of
occupancy for the building permit
authorized by an allocation award, the
applicant shal1:J8
* Post a two-year performance bond in
accordance with this chapter to ensure
17 The existing points have been revised as existing point system has not accompllshed the purpose of reducing
access to U.S. Highway 1 which creates traffic congestion and safety problems.
IS This revision reflects the need to post the performance bond after construction and prior to occupancy rather than
at the time of the issuance of the building pennit. This change reflects the fact that landscaping is generally one of
the last improvements made and it makes little sense to post a bond when it may be three to six months before
landscaping is even started.
maintenance ofthe native plants; and,
* Shall sign an affidavit acknowledging
that he is subject to code enforcement
action should the native plants not be
maintained.
(8) Central wastewater treatment system availability: The following points
shall be assigned to encourage development in areas served by central wastewater treatment
systems: 19
. Point Assignment: Criteria:
+4 An application which development
required to be connected to a central
wastewater treatment system that meets
BAT/A WT standards established by the
Florida Legislature.
(9) Employee hous{ng: The following points, up to a maximum of four (4)
shall be assigned to allocation applications that make provisions for employee housing units?O
Point Assignment: Criteria:
+ 2 per unit Proposes an employee housing unites)
which is located on the parcel with the
nomesidential floor space requested in the
allocation application.
Additional Requirements:
1. The employee housing unit shall be
required to meet the applicable
provisions of section 9.5-266.
2. The proposed employee housing
unites) shall be included in the
development approval for the
nonresidential development proposed
in the allocation application.
3. A certificate of occupancy shall be
granted for the nonresidential
development authorized by the
allocation award shall not be issued
prior to the certificate of occupancy for
the employee housing units.
19 This language is intended to encourage infill development in areas served by central sewer systems being
upgraded or constructed to meet 20 lOW astewater Treatment Standards mandate; maximize public investment;
reduce the average EDU operating/maintenance costs of these systems; and, help recoup capital costs.
20 This new provision provides further incentives for provision of employee housing in coordination with new
nonresidential development.
PASSED AND ADOPTED By the Planning Commission of Monroe County, Florida at a
regular meeting held on the 16th day of November, 2004.
Chair Lynn Mapes YES
Vice Chair Denise Werling YES
Commissioner David C. Ritz YES
Commissioner Julio Margalli YES
Commissioner James Cameron YES
PLANNING COMMISSION OF MONROE COUNTY, FLORIDA
By
Lynn Mapes, Chair
Signed this day of , 2004.
,
DEVELOPMENT REVIEW COMMITTEE
RESOLUTION
DEVELOPMENT REVIEW COMMITTEE RESOLUTION NO. D29-04
A RESOLUTION BY THE MONROE COUNTY DEVELOPMENT REVIEW COMMITTEE
RECOMMENDING APPROV AL TO THE MONROE COUNTY PLANNING COMMISSION
OF THE REQUEST BY THE MONROE COUNTY PLANNING DEPARTMENT TO
APPROVE THE AMENDMENTS TO THE MONROE COUNTY LAND DEVELOPMENT
REGULA TIONS BY REVISING SECTIONS 9.5-124 THROUGH 9.5-124.8 NON-
RESIDENTIAL RA TE OF GROWTH ORDINANCE (NROGO) OF THE MONROE COUNTY
LAND DEVELOPMENT REGUAL TIONS UTILIZING THE TIER o VERLA Y AS THE
BASIS FOR THE COMPETITIVE POINT SYSTEM.
WHEREAS, the Monroe County Development Review Committee, during a regular meeting held
on September 9, 2004, conducted a review and consideration of the request filed by the Monroe County
Planning Department to revise Section 9.5-124 through Section 9.5-124.8 of the Monroe County Land
Development Regulations.
WHEREAS, Goal 105 provides a framework for future development and land acquisition for the
next 20 years that considers the carrying capacity of the Florida Keys, reduces sprawl and promotes
sustainability;
WHEREAS, Tier Maps were developed following the criteria in Goal 105, utilizing computer
mapping (GIS), identifying areas appropriate for additional development and those, which are important
environmentally and should be preserved;
WHEREAS, The boundaries for the Tier Maps were drawn using environmental and development
information and digital data from the Florida Keys Carrying Capacity Study (FKCCS), the Planning
Department and the Property Appraisers Office and refined through site visits by the County Biologists
and Planners,
WHEREAS, the tier maps were reviewed by Ricardo Calvo, our consultant, who also was the
project manager of the Florida Keys Carrying Capacity Study. The Overlay Tier Maps are the basis of
an elegant system for protecting the valuable habitat of the Keys and preventing sprawl;
WHEREAS, Tier I includes all contiguous hammock areas above four acres and restoration areas
between fragmented smaller hammock patches to increase the hammock size and buffers where
possible. Hammock size is a major determinate of habitat quality according to FKCCS, which is why
size and connectivity were used to identify the best and most important terrestrial habitat areas for
preservati on.
WHEREAS, Tier II contains smaller hammock patches isolated by surrounding development; the
quality is reduced because of the negative secondary impacts of development. These areas still contain a
large number of undeveloped lots.
WHEREAS, Tier III is appropriate for additional infill development because of the location and
amount of existing development in the areas designated.
WHEREAS, changes to the maps will follow the procedures in Sec. 9.5-511 of the Land
Development Regulations;
-
WHEREAS, hammock size is a major determinate of habitat quality according to the FKCCS,
therefore size and connectivity are used in determining the boundary of the Tiers to identify the best and
most important terrestrial habitat areas for preservation.
WHEREAS, in response to a BOCC direction the points to lot dedication were modified to award a
point for each 5,000 square feet of an SR platted lot. An IS, URM and CFV platted lot will receive four
points and the single point value for unbuildable platted SR lots reflects the comparative buildability.
WHEREAS, the current ROGO has thirteen criteria for assigning points, the proposed NROGO
contains six criteria, awarding major points for the Tier location of a property. Additional points may be
accrued by dedicating lots, reducing intensity and through landscaping and water conservation.
BE IT RESOLVED BY THE DEVELOPMENT REVIEW COMMITTEE OF MONROE
COUNTY, FLORIDA, to recommend APPROVAL to the Monroe County Planning Commission,of
the amendments to the Monroe County Land Development Regulations.
PASSED AND ADOPTED by the Development Review Committee of Monroe County, Florida, at a regular
meeting held on the 9th of September, 2004.
Aref Joulani, DRC Chair YES
Jason King, Planner YES
David Dacquisto YES
Andrew Trivette, Biologist YES
Ralph Gouldy, Senior Environmental Resources Planner YES
Department of Public Works YES
Department of Engineering YES
Department of Health YES
DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY
BY
Aref Joulani, DRC Chair
s