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Item H5 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 21. 2009 Division: Growth Management Bulk Item: Yes x No Department: Planning & Environmental Resource Staff Contact Person: Townsely Schwab AGENDA ITEM WORDING: Approval of a Resolution to allow twenty-two thousand five hundred (22,500) square feet of commercial floor area to be made available for Year 18 Non-Residential Rate of Growth (NROGO) Annual Allocation. ITEM BACKGROUND: The "maximum annual allocation" and the distribution between the first and second allocation dates are determined by the Board of County Commissioners, upon the recommendation of the Planning Director and the Planning Commission. On September 23, 2009 the Planning Commission amended the Planning & Environmental Resources Director recommendation of the accumulation of unused commercial square footage. Therefore, the Planning Commission adopted Resolution P46-09 recommending that twenty-two thousand five hundred (22,500) square feet of commercial floor area be made available for Year 18 NROGO allocation. The LowerlUpper Keys area shall be twenty thousand square feet in total and the Big PinelNo Name Key area shall be twenty-five hundred square feet in total. The NROGO square footage will be made available in two allocation periods. PREVIOUS RELEVANT BOCC ACTION: Board of County Commissioners approved Ordinance #032-2001 (Adoption of Non-Residential Rate of Growth) on September 19, 2001; and Ordinance #011-2006 (Revised Non-Residential Rate of Growth - Tier Ordinance) on March 15, 2006. CONTRACT/AGREEMENT CHANGES: N/A. STAFF RECOMMENDATION: Approval TOT AL COST: x BUDGETED: Yes N/A No COST TO COUNTY: N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes N/A No AMOUNT PER MONTH N/A Year N/A APPROVED BY: County Atty ..1L OMBlPurchasing N/ A Risk Management N/ A DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # RESOLUTION NO. -2009 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING FOR YEAR 18, FROM JULY 14, 2009 TO JULY 12, 2010, TWENTY-TWO THOUSAND FIVE HUNDRED SQUARE FEET OF NON- RESIDENTIAL FLOOR AREA TO BE AVAILABLE PURSUANT TO SECTION 138-47 OF THE MONROE COUNTY CODE. WHEREAS, Policy 101.3 of the Monroe County Year 2010 Comprehensive Plan (2010 Plan) requires Monroe County to regulate non-residential development to maintain a balance of land uses; and WHEREAS, Monroe County Code, Section 138-47, Non-Residential Rate of Growth Ordinance (NROGO), provides for an allocation point system for non-residential floor area, which maintains a ratio of 239 square feet of non-residential floor area for each residential unit developed as required in the 2010 Plan; and WHEREAS, the ROGO and NROGO year runs from July 14,2009 to July 12, 2010; and WHEREAS, Monroe County Code, Section 138-47, NROGO provides for a recommendation by the Acting Planning Director, and the Planning Commission, to the Board of County Commissioners for the total amount of non-residential floor area which shall be made available for annual allocation and distribution of this allocation between small (2,500 square feet) and large size allocations; and WHEREAS, no large size allocations are necessary at this time; WHEREAS, there are approx imatel y 208,161 square feet of commercial floor area available in the Lower/Upper Keys area through the end ofNROGO Year 17; and WHEREAS, there is approximately 36,810 square feet of commercial floor area available in the Big Pine/No Name Keys area through the end ofNROGO Year 17; and WHEREAS, the Monroe County Planning Commission during a regular meeting held on September 23, 2009, conducted a public hearing to review, discuss, and make formal motions regarding the Planning Director's recommendation to the Planning Commission for Year 18 commercial floor area; and WHEREAS, the Monroe County Planning Commission adopted by Resolution P46-09 that twenty-two thousand five hundred (22,500) square feet of commercial floor area be made available as follows: LowerlUpper Keys area: 1. The maximum amount of available non-residential floor area for the annual NROGO allocation for Year 18 of the Lower & Upper Keys subarea shall be twenty thousand (20,000) square feet in total. 2. The first allocation period shall have ten thousand (10,000) square feet and the remainder shall be held in reserve for the second allocation period ending July 12,2010. 3. All NROGO applications are limited to twenty-five hundred (2,500) square feet or less for each period. 4. Year Eighteen (18) will begin July 14, 2009 and will end on July 12, 2010, with the first allocation period ending in January 12,2010 and the second allocation period ending July 12, 2010. Big Pine/No Name Keys area: 1. The maximum amount of available non-residential floor area for the annual NROGO allocation for Year 18 of the Big Pine/No Name Keys subarea shall be twenty-five hundred (2,500) square feet in total. 2. The first allocation period shall have 2,500 square feet and the remainder shall be held in reserve for the second allocation period ending July 12,2010. 3. Year Eighteen (18) will begin July 14, 2009 and will end on July 12, 2010, with the first allocation period ending in January 12,2010 and the second allocation period ending July 12, 2010. NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: For the Year 18 NROGO allocation period, that twenty-two thousand five hundred (22,500) square feet of commercial floor area be made available as follows: 1. LowerlUpper Keys area: a) The maximum amount of available non-residential floor area for the annual NROGO allocation for Year 18 of the Lower & Upper Keys subarea shall be twenty thousand (20,000) square feet in total. b) The first allocation period shall have ten thousand (10,000) square feet and the remainder shall be held in reserve for the second allocation period ending July 12,2010. c) All NROGO applications are limited to twenty-five hundred (2,500) square feet or less for each period. d) Year Eighteen (18) will begin July 14,2009 and will end on July 12,2010, with the first allocation period ending in January 12, 2010 and the second allocation period ending July 12,2010. 2. Big PineINo Name Keys area: a) The maximum amount of available non-residential floor area for the annual NROGO allocation for Year 18 of the Big Pine/No Name Keys subarea shall be twenty-five hundred (2,500) square feet in total. b) The first allocation period shall have 2,500 square feet and the remainder shall be held in reserve for the second allocation period ending July 12,2010. c) Year Eighteen (18) will begin July 14,2009 and will end on July 12,2010, with the first allocation period ending in January 12, 2010 and the second allocation period ending July 12,2010. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 21st day of October, 2009. Mayor Neugent Mayor Pro Tern Murphy Commissioner Wigington Commissioner Carruthers Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor: George Neugent Signed this 21 st day of October, 2009 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 .," MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL REsOURCES DEPARTMENT We strive to be caring, professional andfair To: Board of County Commissioners From: Townsley Schwab, Sr Director of Planning & Environmental Resources ~ Susan Grimsley, Acting Growth Management Director Through: Date: October 1, 2009 Subject: Non-Residential Floor Area Evaluation Report Year 18 (July 14, 2009-July 12, 2010) Meeting Date: October 21,2009 BACKGROUND Monroe County Code, Section 138-47, Non-Residential Rate of Growth Ordinance (NROGO), establishes the procedure for allocating the non-residential floor area. The "maximum annual allocation", and the distribution between the first and second allocation dates, will be determined by the Board of County Commissioners upon the recommendations of the Planning Director and the Planning Commission. This will provide flexibility in assuring the goals of the ordinance are being accomplished. The floor area that is not made available, or that remains unused in the current year, will be carried forward. The following is a summary of the square footage of non-residential floor area that was made available for allocation in unincorporated Monroe County, and the actual square footage allocated, from Year 10 through Year 17. YEAR AMOUNT AVAILABLE ALLOCATIONS AWARDED Year 10 Year 11 Year 12 Year 13 Year 14 Year 15 Year 16 Year 17 22,150 square feet 16,000 square feet 16,000 square feet 16,000 square feet 16,000 square feet 18,000 square feet 35,000 square feet 30,000 square feet 18,222 square feet 5,300 square feet 15,689 square feet 10,925 square feet 12,594 square feet 12,500 square feet 17,938 square feet 13,056 square feet On March 15,2006, the Board of County Commissioners adopted Ordinance 01l-2006 to implement the Tier System, and subsequently, it was challenged by Florida Keys Citizens Coalition, Inc. and Protect Key West and the Florida Keys, Inc., d/b/a Last Stand. Thomas G. Pelham, Secretary, Report NROGO Y 18 BOCC SR.doc Page I of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Department of Community Affairs signed the final order deciding the challenge on September 26, 2007. No appeal was taken by the parties. The Tier System, made changes such as separate districts for allocation distribution, basis of scoring applications, and administrative relief. The new districts are as follows: A) Lower Keys (Middle Keys now included in the Lower Keys) & Upper Keys and B) Big Pine/No Name Key are the subareas for NROGO. Additional background specific to the Big PinelNo Name Key Sub-area: I) In 1998, the Florida Department of Transportation, Monroe County, the Florida Department of Community Affairs, the U.S. Fish and Wildlife Service and the Florida Fish and Wildlife Conservation Commission signed a Memorandum of Agreement to develop a Habitat Conservation Plan (HCP) for the Key Deer and other protected species in the project area. 2) The Livable Communikeys Program (LCP), Master Plan for Future Development of Big Pine Key and No Name Key was adopted on August 18,2004 under Ordinance 029-2004. The LCP envisioned 47,800 square feet of non-residential floor area over the next twenty years to be used for infill and expansion of existing businesses. Development is limited to Tier ill disturbed and scarified uplands. Based on the above non-residential area square footage envisioned to be released over the twenty year horizon, approximately, 2,390 square feet of floor area could be made available per year. The author of the LCP, concluded that much of the new floor area is to be used for redevelopment and expansion of existing businesses and that it would be more than adequate to accommodate future expansions. Action Item 5.1.2 Limit floor area allocations to 2,500 square feet per organization per year. 3) The following is a summary of the square footage of non-residential floor area that was allocated on Big Pine/No Name Key Subarea from 2003 to July 2009. YEAR Year 13 Year 15 Year 16 Year 17 No. Applicants Applied I 2 2 o Total Sa. Ft. Allocated 2,181 5,000 3,809 o CONSIDERATIONS I. The number of potential applicants for an upcoming year is unknown. At this time there is approximately 27,000 square feet of new non-residential floor area under review, or approved through the conditional use process. Applicants are requesting between 1,200 and 7,300 square feet. The potential projects currently discussed with high square footage are not located in the identified community overlay centers. For the NROGO allocation point system and weighing criteria to be successful at directing development to the most appropriate locations, it is important to have competition for the available floor area. Report NROGO Y 18 BOCC SR.doc Page 2 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 2. In the past seven years there has been limited competition for the available non-residential floor area. The average square footage made available annually in the seven year period was 21,144 square feet and the average square footage allocated in a NROGO year was 13,278 square feet. In Year 12 the demand for square footage exceeded the amount of available square footage. 3. Areas for allocations greater than 2,500 square feet shall be identified in a Livable CommuniKeys Master Plan. 4. The non-residential allocations are based on prior years of residential ROGO. Each ROGO allocation is multiplied by 239 square feet to determine the NROGO allocation bank. The Lower & Upper Keys have a separate bank from the Big Pine/No Name Key. Calculations for the end of Year 17 and Floor Area available A. Lower/Upper Keys: Rollover non-residential square footage from Year 17 Unused non-residential square footage from Year 17 Square Footage Year 17 ROGO (140 ROGO x 239 Square Feet)* Total Non-Residential Square Footage Available: 157,757 16,944 33.460 208,161 *The number of ROGO allocations for Year 18 has not been determined to date, because allocations have not yet been made for Year 18. B. Big Pine/No Name Keys: NROGO Square Footage available beginning 2003 Less allocated 2003-July 2009 Total Non-Residential Square Footage Available: 47,800 10.990 36,810 RECOMMENDATION On September 23, 2009, the Planning Commission considered the above information and concluded the square footage made available should be larger than the Planning & Environmental Resources Department's recommendation. Based on the available commercial square footage banked, the NROGO square footage allotted in Year 17, the Planning Commission approved twenty-two thousand five hundred (22,500) square feet to be made available in NROGO Year 18 to be distributed as follows: Lower & Upper Kevs Subarea: I. The maximum amount of available non-residential floor area for the annual NROGO allocation for Year 18 of the Lower & Upper Keys subarea shall be twenty thousand (20,000) square feet. 2. The first allocation period shall have ten thousand (10,000) square feet and the remainder shall be held in reserve for the second allocation period ending July 12,2010. 3. All NROGO applications are limited to 2,500 square feet or less for each period. Report NROGO Y 18 BOCC SR.doc Page 3 of 4 1 4. Year Eighteen (18) will begin July 14, 2009 and will end on July 12, 2010, with the first 2 allocation period ending in January 12, 2010 and the second allocation period ending July 12, 3 2010. 4 5 Hie PinelNo Name Kev Subarea: 6 7 1. The maximum amount of available non-residential floor area for the annual NROGO allocation for 8 Year 18 of the Big PinelNo Name Keys subarea shall be twenty-five hundred (2,500) square feet. 9 10 2. The first allocation period shall have 2,500 square feet and the remainder shall be held in reserve for 11 the second allocation period ending July 12,2010. 12 13 3. Year Eighteen (18) will begin July 14,2009 and will end on July 12,2010, with the first allocation 14 period ending in January 12,2010 and the second allocation period ending July 12,2010. 15 16 Staff recommends approval of the recommendation by the Planning Commission. 17 Report NROGO Y 18 BOCC SR.doc Page 4 of 4 P46-09 ~ ~ fl:\ \.JfJI RESOLUTION #P46-09 A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION RECOMMENDING TO THE BOARD OF COUNTY COMMISSIONERS THAT TWENTY-TWO THOUSAND FIVE HUNDRED SQUARE FEET OF NON-RESIDENTIAL FLOOR AREA BE MADE AVAILABLE FOR YEAR 18 NROGO, BEGINNING JULY 14, 2009 AND ENDING JULY 12, 2010, PURSUANT TO SECTION 138-47 OF THE MONROE COUNTY CODE. WHEREAS, Policy 101.3 of the Monroe County Year 2010 Comprehensive Plan (2010 Plan) requires Monroe County to regulate non-residential development to maintain a balance of land uses; and WHEREAS, Monroe County Code, Section 138-47, Non-Residential Rate of Growth Ordinance (NROGO), provides for an allocation point system for non- residential floor area, which maintains a ratio of239 square feet of non-residential floor area for each residential unit developed as required in the 2010 Plan; and WHEREAS, the Monroe County Planning Commission during a regular meeting held on September 23, 2009, conducted a public hearing to review, discuss, and make formal motions regarding the Planning Director's recommendation to the Planning Commission for Year 18 commercial floor area; and WHEREAS, the Sr. Director of Planning & Environmental Resources submitted written testimony to the Planning Commission, dated September 14, 2009 concerning the Upper & Lower Keys and Big Pine/No Name Keys; and WHEREAS, the Planning Commission determined twenty thousand square feet of commercial floor area be available in two biannual allocations of ten thousand square feet, and no application will be for greater than twenty-five hundred square feet to the NROGO area of the Lower and Upper Keys, pursuant to the procedures outlined in Monroe County Code, Section 138-47; and WHEREAS, the Planning Commission determined twenty-five hundred square feet of commercial floor area be available in two biannual allocations of twenty- five hundred square feet, and no application will be for greater than twenty-five hundred square feet to the NROGO area of the Big Pine/No Name Key, pursuant to the procedures outlined in Monroe County Code, Section 138-47; and Page 1 of 4 P46-09 f\h \J!1 Q) WHEREAS, the Planning Commission was presented with the following evidence: 1. The memorandum entitled Non-Residential Commercial Floor Area Evaluation Report, Year 18, from Townsley Schwab, Sr. Director of Planning & Environmental Resources to the Monroe County Planning Commission, dated September 14, 2009; and 2. The summary of Year 10 through Year17 commercial floor area available for allocation and the actual square footage allocated; and 3. The sworn testimony by the Monroe County Growth Management Division staff; and WHEREAS, the Planning Commission has made the following Findings of Fact: 1. Based on the written testimony of Townsley Schwab, Sr. Director of Planning & Environmental Resources that there is approximately 208,161 square feet of commercial floor area available in the LowerlUpper Keys area; and 2. Based on the written testimony of Townsley Schwab, Sr. Director of Planning & Environmental Resources that there is approximately 36,810 square feet of commercial floor area available in the Big PineINo Names Keys area; and 3. The amount of commercial floor area associated with Year 18 has not been included; and 4. Based on the Planning Department's recommendation the maximum amount of available non-residential floor area for the annual NROGO allocation for Year 18 shall be twenty-two thousand five hundred square feet; and 5. Based on the Planning Department's recommendation the LowerlUpper Keys area the non-residential floor area for the annual NROGO allocation for Year 18 shall be twenty thousand square feet; and 6. Based on the Planning Department's recommendation the LowerlUpper Keys area first allocation shall be for ten thousand square feet and the remainder shall be held in reserve for the second allocation period ending July, 2009; and 7. Based on the Planning Department's recommendation the Big PineINo Name Keys area the non-residential floor area for the annual NROGO allocation for Year 18 shall be twenty-five hundred square feet; and Page 2 of 4 P46-09 <<) () 8. Based on the Planning Department's recommendation the Big PineINo Name Keys area first allocation shall be for twenty-five hundred square feet and the remainder shall be held in reserve for the second allocation period ending July, 2009. BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE COUNTY, FLORIDA, that the preceding Findings of Fact and Conclusions of Law, support the decision to RECOMMEND TO THE BOARD OF COUNTY COMMISSIONERS APPROVAL that twenty-two thousand five hundred (22,500) square feet of commercial floor area be made available as follows: LowerlUpper Keys Subarea: 1. The maximum amount of available non-residential floor area for the annual NROGO allocation for Year 18 of the Lower & Upper Keys subarea shall be twenty thousand square feet. 2. The first allocation shall be for ten thousand square feet and the remainder shall be held in reserve for the second allocation period ending July 12, 2010. 3. One hundred percent of the available floor area for the first allocation ending in January 12, 2010 shall be for applicants requesting twenty-five hundred square feet or less. 4. Year Eighteen (18) will begin July 14, 2009 and will end on July 12, 2010, with the first allocation period ending in January 12, 2010 and the second allocation period ending July 12, 2010. Big Pine/No Name Keys Subarea: 5. The maximum amount of available non-residential floor area for the annual NROGO allocation for Year 18 of the Big PineINo Name Keys subarea shall be twenty-five hundred square feet 6. The first allocation shall be for twenty-five hundred square feet and the remainder shall be held in reserve for the second allocation period ending July 12,2010. 7. One hundred percent of the available floor area for the first allocation ending January 12,2010 shall be for applicants requesting twenty-five hundred square feet or less. 8. Year Eighteen (18) will begin July 14, 2009 and will end on July 12, 2010, with the first allocation period ending in January 12, 2010 and the second allocation period ending July 12, 2010. Page 3 of 4 P46-09 I~ o (] PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida, at a regular meeting held on the 23rd day of September, 2009. Chairman Wall Commissioner Werling Commissioner Hale Commissioner Cameron Commissioner Lustberg YES YES YES YES YES OE COUNTY, FLORIDA BY Signed this 23rd clay of September, 2009 ..~ -:...._~.I ::r"t-~:..""".. "" ,8, ....... \- - n............--.-.--.-.....-.. . t'i:'pPP.OVP,D ..;,5 TO F(,~?. \1 . , <F, · AND LEG;,I? ,:; UH' .',:- .i:::"(."i~' -.,.' J~ I! . i/;;':-;"" . ....r .' ~ ; 11.. ____...----...---- - -- I f!;,tQl~'~Y'S Of,.I~c "----- "-----~---_.~ -.......-. . ~~~:,:.._~....;...~.tI'...,,!<...._"'A. -:~..... . Page 4 of 4