Resolution 124-2012 RESOLUTION NO. 124 -2012
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS RESCINDING RESOLUTION
411 -2011 AND APPROVING ALL ACCUMULATED NROGO
SQUARE FOOTAGE IN THE BIG PINE/NO NAME KEY
SUBAREA TO BE AVAILABLE FOR YEAR 20 AND RE-
AFFIRMING THE PREVIOUS RECOMMENDATION FOR THE
LOWER/UPPER KEYS SUBAREA NROGO SQUARE
FOOTAGE FOR YEAR 20, FROM JULY 13, 2011 TO JULY 12,
2012, TO BE AVAILABLE PURSUANT TO SECTION 138 -51
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, Chapter 138, Article III, 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 13, 2011 to July 12,
2012; and
WHEREAS, Monroe County Code Section 138 -51, NROGO provides for a
recommendation by the Sr. Director of Planning & Environmental Resources, 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 or less) allocations and
large (more than 2,500 square feet) allocations; and
WHEREAS, BOCC Resolution 411 -2011 made forty-four thousand seven
hundred (44,700) square feet of commercial floor area available in the Lower/Upper
Keys area available 33,525 square feet for small (2,500 square feet or less) allocations
and 11,175 for large (more than 2,500 square feet) allocations; and
WHEREAS, BOCC Resolution 411 -2011 made twenty five hundred (2,500)
square feet of commercial floor area available in the Big Pine/No Name Keys subarea
available for small (2,500 square feet or less) allocations; and
WHEREAS, 11,839 square feet of commercial floor area was unused at the
beginning of NROGO Year 20 in the Big Pine/No Name Keys area; and
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WHEREAS, the Livable Communikeys Program, Master Plan for Future
Development of Big Pine Key and No Name Key limits the non - residential area square
footage to be released over a twenty year horizon, to approximately 2,390 square feet of
floor area to be made available per year;
WHEREAS, Monroe County Code Section First 138 -51(i) states that first
allocations for the Big Pine Key and No Name Key subarea (starting ROGO year 15,
quarter 1), 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 15, beginning July 14, 2006.
WHEREAS, the Monroe County Planning Commission during a regular meeting
held on October 18, 2011, reviewed, discussed and approved, the Sr. Director of Planning
& Environmental Resources' recommendation to the Planning Commission for NROGO
Year 20 commercial floor area; and
WHEREAS, the Monroe County Planning Commission on March 28, 2012
approved NROGO allocations based on BOCC Resolution 411 -2011; and
WHEREAS, on March 28, 2012 the Monroe County Planning Commission
rescinded Resolution P33 -11 and adopted Resolution P10 -12 to allow all accumulated
NROGO in the Big Pine/No Name Key subarea to be available for Year 20 and re-
affirming the previous recommendation for the Lower/Upper Keys subarea to be made
available for Year 20 as follows:
A. Lower & Upper Keys Subarea:
1) The maximum amount of available non - residential floor area for the annual NROGO
allocation for Year 20 of the Lower & Upper Keys subarea shall be 44,700 square feet.
2) Year Twenty (20) will begin July 13, 2011 and will end on July 12, 2012, with the first
allocation period ending on January 12, 2012 and the second allocation period ending on July
12, 2012.
3) The first allocation period shall allow 33,525 for small (2,500 square feet or less) allocations
and 11,175 for large (more 2,500 square feet) allocations. The balance from the first
allocation period shall be held in reserve for the second allocation period in their respective
categories.
B. Big Pine/No Name Kev Subarea:
1. The maximum amount of available non - residential floor area for the annual NROGO
allocation for Year 20 of the Big Pine/No Name Keys subarea shall be 11,839 square feet for
small (2,500 square feet or less) allocations.
2. Year Twenty (20) will begin July 13, 2011 and will end on July 12, 2012, with the first
allocation period ending on January 12, 2012 and the second allocation period ending on July
12, 2012.
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3. The first allocation shall allow for 2,500 square feet and the balance from the first allocation
period shall be held in reserve for the second allocation period ending July 12, 2012.
4. The second allocation shall include the 9,339 square feet of additional unallocated
commercial floor are from previous years.
5. One hundred percent of the available floor area for each allocation period shall be for
applicants requesting 2,500 square feet or less.
WHEREAS, the Board of County Commissioners concurs with the staff's amended
recommendation;
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The Board of County Commissioners (BOCC) ratifies all NROGO Allocations
previously made pursuant to BOCC Resolution 411 -2011.
Section 2. BOCC Resolution 411 -2011 is hereby rescinded and future NROGO
allocations shall be awarded pursuant to this resolution.
Section 3. The BOCC recommends approval to the Board of County Commissioners that
56,539 square feet of commercial floor area be made available as follows:
A. Lower & Upper Keys Subarea:
1) The maximum amount of available non - residential floor area for the annual
NROGO allocation for Year 20 of the Lower & Upper Keys subarea shall be
44,700 square feet.
2) Year Twenty (20) will begin July 13, 2011 and will end on July 12, 2012, with the
first allocation period ending on January 12, 2012 and the second allocation
period ending on July 12, 2012.
3) The first allocation period shall allow 33,525 for small (2,500 square feet or less)
allocations and 11,175 for large (more 2,500 square feet) allocations. The unused
balance from the first allocation period shall be available for the second allocation
period in their respective categories.
B. Big Pine/No Name Key Subarea:
1. The maximum amount of available non - residential floor area for the annual
NROGO allocation for Year 20 of the Big Pine/No Name Key subarea shall
be 11,839 square feet for small (2,500 square feet or less) allocations.
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2. Year Twenty (20) will begin July 13, 2011 and will end on July 12, 2012, with
the first allocation period ending on January 12, 2012 and the second
allocation period ending on July 12, 2012.
3. The first allocation shall allow for 2,500 square feet and the unused balance
from the first allocation period shall be available for the second allocation
period ending July 12, 2012.
4. The second allocation shall include the 9,339 square feet of additional
unallocated commercial floor area from previous years.
5. One hundred percent of the available floor area for each allocation period
shall be for applicants requesting 2,500 square feet or less.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting held on the 18 day of April, 2012.
cv j Mayor David Rice Yes
Mayor Pro Tem Kim Wigington Yes
Commissioner Heather Carruthers Yes
Commissioner George Neugent Yes
�.- Commissioner Sylvia Murphy Yes
-
C N
CD BOARD OF COUNTY COMMISSIONERS
- OF MONROE COUNTY, FLORIDA
__
BY
Mayor David e
(SEAL)
ATTEST: ST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
MONR Olt OUNTY ATTORNEY
'P• • ED AS TO FORM/
:41111FAL- 4 vA-dio
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