Ordinance 019-2013MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. 019 - 2013
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS REVISING PROVISIONS OF THE
MONROE COUNTY CODE CONCERNING THE NON-
RESIDENTIAL RATE OF GROWTH ORDINANCE ( NROGO);
AMENDING THE FOLLOWING MONROE COUNTY CODE
SECTIONS: SECTION 138 -47, NONRESIDENTIAL RATE OF
GROWTH ORDINANCE; SECTION 138 -48, GENERAL
PROVISIONS; SECTION 138 -49, TYPE OF DEVELOPMENT
AFFECTED; SPECIAL REQUIREMENTS; SECTION 138 -50,
TYPE OF DEVELOPMENT NOT AFFECTED; SECTION 138 -51,
NROGO ALLOCATIONS; ESTABLISHING NEW DEFINITIONS;
REVISING THE TYPES OF DEVELOPMENT AFFECTED AND
NOT AFFECTED; REVISING THE REGULATIONS TO
INCREASE THE NUMBER OF NROGO ALLOCATION PERIODS
IN A NROGO YEAR FROM TWO ALLOCATION PERIODS TO
FOUR ALLOCATION PERIODS; INCREASING THE MAXIMUM
AMOUNT OF SQUARE FOOTAGE FOR AN ALLOCATION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
OF CONFLICTING PROVISIONS; PROVIDING FOR
TRANSMITTAL TO THE STATE LAND PLANNING AGENCY
AND THE SECRETARY OF STATE; PROVIDING FOR
CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, since the implementation of the Nonresidential Rate of Growth Ordinance
( NROGO) permit allocation system, applications for square footage have not exceeded the
amount available. However, for applicants, the process is often long and cumbersome as
allocations are awarded only every six months capped at 2,500 square feet. Applicants often wait
several months, and in some cases years, to acquire the total amount of square footage their
development requires. Keeping in mind that the NROGO is the final stage of the development
process (conditional use permits -if necessary and building permits must be approved prior to
application submittal and concurrency is measured at approval not issuance), it is not
advantageous to have applicants wait for square footage due to application caps when the system
is not competitive and square footage is available, but not accessible to the applicant, and
WHEREAS, historically, the County has utilized only a small percentage of the total amount of
square footage made available to the County in a given year. In the past 11 years, for the
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Upper /Lower Keys areas (excluding Big Pine/No Name Keys), 389,991 square feet (and
growing) has not been utilized for development, despite the fact that there have been applications
in the system that needed some of that square footage, but were capped at obtaining only 5,000
square feet annually. In addition, 4,339 square feet of the square footage has not been awarded to
Big Pine/No Name areas since the inception of the Big Pine CommuniKeys Plan and a separate
allocation process in 2006. Like the remaining part of the County, at times, there have been
applications in the system that needed some of that square footage but were capped; and
WHEREAS, the purpose of the ordinance is to make the NROGO permit allocation system less
cumbersome and more efficient. All revisions are consistent with the policies of the
comprehensive plan; and
WHEREAS, based upon the information and documentation submitted, the Board of County
Commissioners makes the following Conclusions of Law: 1) the text amendment is consistent
with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern;
2) the text amendment is consistent with the provisions and intent of the Monroe County
Comprehensive Plan; and 3) the text amendment is consistent with the provisions and intent of
the Monroe County Code; and
WHEREAS, during regularly scheduled meetings held on June 26, 2012 and August 28, 2012,
the Monroe County Development Review Committee reviewed the ordinance and recommended
approval to the Board of County Commissioners; and
WHEREAS, during regularly scheduled public hearings held on January 30, 2013, February 27,
2013 and March 27, 2013, the Monroe County Planning Commission reviewed the ordinance
and recommended approval to the Board of County Commissioners; and
WHEREAS, the Board of County Commissioners discussed this amendment at its February 20,
2013 meeting and the Board provided Growth Management staff with revisions to be addressed
and /or carried out prior to the public hearing;
NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS:
Section 1. Section 138 -47 of the Monroe County Code shall be amended as follows:
Sec. 138 -47. Nonresidential rate of growth ordinance ( NROGO).
(a) Definitions. The following words, terms and phrases, when used in this article, shall have
the meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Allocation date means the specific date and time by which applications for the NROGO
allocation will be accepted and processed.
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Annual allocation period means the 12 -month period beginning on July 14, 2001, and
subsequent one -year periods that is used to determine the amount of nonresidential floor
area to be allocated based on the number of ROGO allocations to be issued in the
upcoming ROGO year.
Annual nonresidential ROGO allocation, also referred to as an annual NROGO
allocation, means the maximum floor area that may be allocated during an annual
allocation period.
Buildable lot or parcel, for the purposes of this article, means a lot or parcel which must
contain a minimum of 2,000 square feet of uplands, including any disturbed wetlands that
can be filled.
Canopy, also referred to as a sunshade, in reference to a structure, means an unenclosed,
covered area. A canopy may be a free - standing structure or may project from the wall of
a building.
Community master plan means a plan adopted by the board of county commissioners as
part of the Monroe County Livable CommuniKeys Program.
Controlling date means the same as defined in section 138- 19(a), except it shall apply to
NROGO applications under this article.
Historic resources means a building, structure, site, or object listed or eligible for listing
individually or as a contributing resource in a district in the National Register of Historic
Places, the state inventory of historic resources or the county register of designated
historic properties.
Lawfully established ROGO/NROGO exemption means a residential dwelling unit or
nonresidential floor area that has received a permit or other official approval from the
division of growth management for the units unit and /or nonresidential floor area.
Nonresidential floor area means the sum of the total floor area for a nonresidential
building or structure, as defined in section 101 -1. Additionally, covered and unenclosed
boat racks with three or fewer sides not associated with retail sales of boats are not
considered nonresidential floor area. Further, the term "nonresidential floor area" does
not include space occupied by residential uses, including spaces occupied by a transient
residential unit and an institutional - residential use as defined in section 101 -1.
Nonresidential ROGO allocation, also referred to as NROGO allocation, means the
maximum amount of nonresidential floor area which may be allocated in a given time
period.
Nonresidential ROGO allocation award, also referred to as NROGO allocation award,
means the approval of a nonresidential ROGO application prior to the application and
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subsequent issuance of a building permit to authorize construction of new nonresidential
floor area.
Quarterly nonresidential ROGO allocation period means any one of the four periods
within an annual allocation period.
Quarterly nonresidential ROGO allocation means the maximum number of amount of
nonresidential floor area square footage which may be allocated in a quarterly allocation
period.
Site means the parcels of land required to be aggregated to be developed or from which
existing nonresidential floor area is to be transferred or received.
Storage area means the outside storage of vehicles, recreational vehicles, boats, campers,
equipment, goods and materials for more than 24 hours. The term "storage area" includes
a contractor's equipment storage, but does not include outdoor retail sales, which is
defined in section 101 -1. This is considered a light industrial use and does not include
waste transfer stations, junkyards, or other heavy industrial uses.
(b) Purpose and intent. The purposes and intent of the nonresidential rate of growth
ordinance ( NROGO) are:
(1) To facilitate implementation of goals, objectives and policies set forth in the
comprehensive plan relating to maintaining a balance between residential and
nonresidential growth.
(2) To maintain a ratio of approximately 239 square feet of nonresidential floor area for
each new residential dwelling unit permit issued through the residential rate of growth
ordinance (ROGO) by ROGO subarea.
(3) To promote the upgrading and expansion of existing small -size businesses and to
retain the predominately small scale character of nonresidential development in the
Florida Keys.
(4) To regulate the rate and location of nonresidential development in order to eliminate
potential land use conflicts.
(5) To allocate the nonresidential floor area annually hereunder, based on the goals,
objectives and policies of the comprehensive plan and the community master plans.
Section 2. Section 138 -48 of the Monroe County Code shall be amended as follows:
Sec. 138 -48. General provisions.
(a) Nonresidential ROGO allocation award required. No building permit shall be issued after
September 19, 2001 that results in additional nonresidential floor area on a site unless
that nonresidential development has received a NROGO allocation award or is
determined to be exempt as provided in section 138 -50.
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(b) Applicable geographic area. The NROGO allocation system shall apply within the
unincorporated area of the county, excluding areas within the county mainland and within
Ocean Reef planned development.
Section 3. Section 138 -49 of the Monroe County Code shall be amended as follows:
Sec. 138 -49. Type of development affected; special requirements.
(a) The NROGO shall apply to the development of all new and expanded nonresidential
floor area, except as exempted by section 138 -50, for which a building permit or other
final development approval is required.
(b) Unincorporated areas other than Big Pine Key and No Name Key. Notwithstanding the
provisions of development, as defined in section 101 -1, the following new uses shall only
be eligible for a NROGO allocation under this article on sites located within a designated
area approved for such use, identified within a community master plan and/or an overlay
district established within chapter 130:
(1) Commercial retail very high- intensity uses that generate more than 150 vehicle trips
per 1,000 square feet of floor area.
(c) Big Pine Key and No Name Key. Notwithstanding the provisions of development, as
defined in section 101 -1, in accordance with the community master plan for Big Pine Key
and No Name Key, the following new uses or changes in use are prohibited on Big Pine
Key/ and No Name Key:
(1) Commercial retail high- intensity uses that generate more than 150 vehicle trips per
1,000 square feet of floor area.
(d) Nonpublic 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 nonpublic 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 2,500 square feet of floor area per NROGO year,
provided that the land was owned by the institutional organization at the time of the
issuance of the incidental take permit. These allocations are to be made on a "first
come, first served" basis.
(2) New nonpublic institutional uses on Big Pine Key and No Name Key are subject to
the provisions of NROGO.
(e) All new or expanded nonresidential development on Big Pine Key and No Name Key is
subject 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 article. All new and expanded nonresidential development shall be
limited to scarified or disturbed lands, and clearing of any pinelands and/or hammock is
prohibited.
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Section 4. Section 138 -50 of the Monroe County Code shall be amended as follows:
Sec. 138 -50. Type of development not subject to the NROGO permit allocation system.
The NROGO shall not apply to the development described below:
(1) Development with no net increase in nonresidential floor area. The redevelopment,
rehabilitation or replacement of any lawfully established nonresidential floor area which
does not increase the amount of nonresidential floor area greater than that which existed
on the site prior to the redevelopment, rehabilitation or replacement.
The planning director shall review available documents to determine if a body of
evidence exists to support the existence of nonresidential floor area on or about
September 19, 2001, the effective date of the original NROGO. Such evidence shall be
documented and submitted to the planning director on a form provided by the planning
department. The application shall include, at a minimum, at least two of the following
documents:
a. Any issued Monroe County building permit(s) supporting the existence of the
structure(s) and its use(s) on or about September 19, 2001;
b. Documentation from the Monroe County Property Appraiser's Office indicating
residential use on or about September 19, 2001;
c. Aerial photographs and original dated photographs showing the structure(s) existed
on or about September 19, 2001;
d. Nonresidential County Directory entries on or about September 19, 2001;
e. Rental, occupancy or lease records, on or about September 19, 2001, indicating the
number, type and term of the rental or occupancy;
f. State and /or county licenses, on or about September 19, 2001, indicating the
nonresidential use;
g. Documentation from the utility providers indicating the type of service (commercial
or residential) provided and the number of meters in existence on or about September
19, 2001; and
h. Similar supporting documentation not listed above as determined suitable by the
planning director.
Nonresidential floor area established after the effective date of the original NROGO
should be documented through the NROGO permit allocation system. Such
nonresidential floor area that received such an NROGO allocation(s) that was constructed
may be lawfully established through verification of the certificate of
completeness /occupancy alone. Provision of affidavits to support the existence of
nonresidential floor area is allowed, but affidavits cannot be the sole record upon which a
decision is based. Other than files in which the growth management division is custodian,
provision of documents is the responsibility of the applicant. Nonresidential floor area
determined to be exempt from the NROGO per this subsection that has not been
previously acknowledged by the planning director may also be a nonconformity, pursuant
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to chapter 102, article III nonconformities. Such occasions shall require a separate
determination by the planning director as to the lawfulness of the nonconformity.
(2) Areas exempted from residential ROGO. Any area of the unincorporated county
exempted from residential ROGO as provided for in section 138 -22.
(3) Public /governmental uses. Public /governmental uses, including public buildings, as
defined in section 101 -1.
(4) Development activity for certain not-for-profit organizations. Except for the nonpublic
institutional uses on Big Pine Key and No Name Key pursuant to section 138 -49,
nonresidential development activity within tier III designated areas by federally tax
exempt not - for - profit educational, scientific, health, religious, social, cultural and
recreational organizations which predominately serve the county's non - transient
population, if approved by the board of county commissioners after review and
recommendation by the planning director and planning commission. 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 run in favor of the county for
a period of at least 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 nonresidential floor area allocation. 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 by the county. This
exemption is not applicable to nonresidential development proposed within any tier I or
tier III -A (special protection area) designated areas.
(5) Vested rights. Landowners with a valid, unexpired development of regional impact
approval granted by the county prior to January 4, 1996, (effective date of the
comprehensive plan) or an approved vesting determination by the county from the
nonresidential allocation requirements of this section and the comprehensive plan.
(6) De expansion or de minimis addition of new nonresidential floor area. The cumulative
addition of up to 1,000 square feet of new nonresidential floor area shall not require a
NROGO application and NROGO allocation prior to issuance of a building permit. De
minimis is not required to be utilized in whole or limited to a single building permit
application; however cumulatively, an individual property shall not receive any more
than 1,000 square feet of new nonresidential floor via de minimis expansion and/or
addition. Nonresidential floor area permitted via de minimis expansion and /or addition
shall be deducted from the annual NROGO allocation or the NROGO bank.
(7) Uses in the Industrial (I) and Maritime Industries (MI) districts. Industrial uses in the
maritime industries (MI) and the industrial (1) land use districts, provided that the floor
area is restricted to manufacturing, assembly, wholesaling, and distribution uses. Uses
permitted in the Rockland Key Commercial Retail Center Overlay District pursuant to
section 130 -131. All other forms of industrial uses and other nonresidential uses which
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may be permitted in the land use district are subject to the requirements of this article and
will require an NROGO allocation.
(8) Agriculture / aquacultural uses. Agricultural and aquacultural uses in the agricultural and
aquaculture use overlay (A).
(9) Canopy.
(10) Transfer off -site of existing nonresidential floor area. The demolition/removal and
transfer off -site of nonresidential floor area from a sender site and the development of the
transferred nonresidential floor area on a receiver site in accordance with the following
procedures and criteria:
a. Eligibility of sender floor area. Nonresidential floor area shall be lawfully established
floor area pursuant to subsection (1) or have received an NROGO allocation or
transfer of floor area after September 19, 2001.
b. Criteria:
1. The receiver site shall be within a tier III designated area and, if on Big Pine Key,
it shall also be }s located within the designated community center overlay area;
2. The receiver site shall be located within the same ROGO subarea, as set forth in
section 138 -20, as the sender site;
3. The use that would utilize the transferred nonresidential floor area on the receiver
site shall not be a high- intensity commercial retail use which will generate more
than 150 daily vehicle trips per 1,000 square feet of floor area, unless the receiver
site is within an overlay district or area, established in a community master plan
or within chapter 130, specifically allowing such a high- intensity commercial
retail use;
4. The receiver site shall not be located within a V special flood hazard zone;
5. The receiver site shall not be located in a coastal barrier resources system; and
6. The receiver site shall not be located in an offshore island/conservation land
protection area.
c. Limitations on the amount of nonresidential floor area which may be transferred to
any one site. The amount of nonresidential floor area which may be transferred to any
one site shall be as follows:
1. No more than a maximum cumulative total of 50,000 square feet of nonresidential
floor area may be transferred to any one site.
2. A structure utilizing the transferred nonresidential floor area shall not be greater
than 10,000 square feet, except for a) a structure within the Urban Commercial
(UC) land use district consist of up to a maximum total of 50,000 square feet of
nonresidential floor area and b) a structure within an overlay district or area,
established in a community master plan or within chapter 130, may consist of up
to a maximum total of nonresidential floor area set forth in the superseding
overlay district or area.
d. Procedures. The following procedures shall be followed for permitting transfer of
nonresidential floor area off -site:
1. A minor conditional use permit shall be required to identify, determine the
eligibility of and document the approval of the sender and receiver site, pursuant
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to the process set forth in section 110 -69. If a single receiver site is proposed to
receive the transferred nonresidential floor area from multiple sender sites, only a
single minor conditional use permit application shall be required. All sender and
receiver sites associated with a proposed transfer shall be identified at the time of
application.
2. The minor conditional use permit application required in the previous subsection
shall be submitted in a form provided by the planning & environmental resources
department. A development order shall memorialize approval of the minor
conditional use permit. After successfully passing all applicable appeal periods,
the development order shall be recorded in the official records of the Monroe
County Clerk of the Circuit Court. Such recording shall be carried out so that the
document is associated with all applicable sender and receiver sites.
3. No building permit shall be issued for the nonresidential floor area on the receiver
site until the sending site structure is demolished as per an issued demolition
permit and a final inspection for the demolished floor space has been completed
by the building department.
Section 5. Section 138 -51 of the Monroe County Code shall be amended as follows:
Sec. 138 -51. NROGO allocations.
(a) Maximum amount of available floor area for the annual nonresidential ROGO
allocations. The annual amount of floor area available for allocation under NROGO shall
be 47,083 square feet. Beginning NROGO Year 22 (July 13, 2013), this floor area shall
be distributed to each of subareas based on the number of residential dwelling unit
permits made available for each of the subareas, as provided in the following table:
ROGO subarea
Number of
Approximate
Total
Annual NROGO
market rate units
number of
dwelling
allocation **
affordable
units
units*
Upper
61
35
96
22,944 SF
Lower
57
34
91
21,749 SF
Big Pine/No
8
2
10
2,390 SF
Name
Total
1 47,083 SF
(b) Maximum allocation of nonresidential floor area by site per each allocation quarter. The
amount of nonresidential floor area to be allocated shall be limited to a maximum share
of 10,000 square feet for any one site per each allocation quarter.
(c) Maximum floor area per structure. A structure shall not receive an allocation that
expands the structure to more than 10,000 square feet of nonresidential floor area,
excluding: a) a structure in the Urban Commercial (UC) land use district may receive an
allocation that expands the structure to not more than 50,000 square feet and b) a
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structure within an overlay district established in a community master plan, in which the
maximum shall be governed by the master plan if applicable, or within chapter 130
specifically allowing such a structure of over 10,000 square feet.
(d) Allocation dates. To be considered for an allocation award, all NROGO applications
must be submitted to the planning department and deemed complete by the planning
director, or his or her designee, by no later than 4:00 p.m. on the specified allocation
quarter closure, which shall be the same dates as those for the residential ROGO.
(e) Annual nonresidential ROGO allocation. This annual allocation shall be distributed
between the four allocation quarters, which shall be the same dates as those for the residential
ROGO.
Section 6. Application.
This ordinance applies to applications submitted on or after the commencement of Period 1 of
NROGO Year 22, which is July 15, 2013. In the event that the ordinance is not effective as
provided in Section 10 and 12 below, this ordinance shall apply to applications submitted on or
after the commencement of Period 2 of NROGO Year 22, which is January 14, 2014.
Section 7. Severabifity.
If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be
adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect,
impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be
confined to the section, paragraph, subdivision, clause, sentence, or provision immediately
involved in the controversy in which such judgment or decree shall be rendered.
Section 8. Conflicting Provisions.
All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the
extent of said conflict.
Section 9. Transmittal.
This ordinance shall be transmitted to the Florida State Land Planning Agency as required by F.S.
380.05 (11) and F.S. 380.0552(9).
Section 10. Filing.
This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not
become effective pursuant to Section 12 until a final order is issued according to F.S. 380.05(6)
by the Florida State Land Planning Agency or Administration Commission approving the
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ordinance, and if the final order is challenged, until the challenge to the order is resolved
pursuant to F.S. Chapter 120.
Section 11. Inclusion in the Monroe County Code.
The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances
of the County of Monroe, Florida, as an addition to amendment thereto, and shall be
appropriately renumbered to conform to the uniform marking system of the Code.
Section 12. Effective Date.
This ordinance shall become effective as provided by law and stated above.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
at a regular meeting held on the 17th day of April , 2013.
Mayor George Neugent
Mayor Pro Tem Heather Carruthers
Commissioner Danny Kolhage
Commissioner Sylvia Murphy
Commissioner David Rice
Yes
Yes
Yes
Yes
Yes
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Attest: Amy Heavilin, Clerk /
By
Deputy Clerk Mayor George Neug t
MON E COUNT ATTORNEY
A P OVED AS 70 F
Date:
Page 11 of 11
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MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
FAX(305)295 -3663
BRANCH OFFICE:
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX(305)289 -6025
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399 -0250
April 18, 2013
BRANCH OFFICE:
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852 -7146
ROTH BUILDING
50 HIGH POINT ROAD
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852 -7145
FAX (305) 853 -7440
Via Certified Mail 7012 1010 0003 4990 5170
Dear Ms. Cloud,
Enclosed please find certified copies:
Ordinance No. 019 -2013 to amend regulations within MCC Chapter 138, Article III,
which concern the Nonresidential Rate of Growth Ordinance ( NROGO) to simplify the NROGO
permit allocation system process; allow applicants to acquire NROGO awards in less time (up to
4 x a year vs. up to 2 x a year); increase the maximum amount of de minimis expansion from 100
sq. ft. to 1,000 sq. ft. for new and existing nonresidential developments with an allocation
awarded by building permit (no competition); and increase the maximum amount of a NROGO
allocation from 2,500 sq. ft. to 10,000 sq. ft. per allocation quarter.
Ordinance No. 020 -2013 to amend regulations within MCC Chapter 138, Article III,
which concern the Nonresidential Rate of Growth Ordinance ( NROGO). The main intent of the
ordinance is to establish a codified mechanism to allocate nonresidential floor area that went
unallocated in previous years or has been reclaimed.
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting, held in formal session, on April 17, 2013. Please file for the record.
Should you have any questions please feel free to contact me at (305) 295 -3130.
Respectfully submitted,
Amy Heavilin, CPA,
Clerk of the Circuit Court
and ex officio Clerkof the
Board of County Commissioners
by: Pamela G. Hancock, D. C.
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CLERK OF THE CIRCUIT COURT
MONROE COUNTY
www.clerk -of- the- court.com
cc: County Attorney via e -mail
Growth Management via e-mail & courier
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■ Complete items 1, 2, and 3. Also complete
item 4 ff Restricted Delivery is desired.
• Print your name and address on the reverse
so that we can return the card to you.
• Attach this card to the back of the mailpiece,
or on the front If space permits.
1. Article Addressed to:
Ms. Liz Cloud, Program Administr
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399 -0250
A. Signature
x DEPT. OF STA i L.
B. Received L t '! rJ j C.
D. Is delivery address different Lom fem 1?
If YES, enter delivery address below:
or
❑ Agent
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Date of Delivery
- Y es
❑ No
3. Service Type
$® Certified Mail ❑ Express Mail
Ordinance 019 & 020 -2013 C3 Registered r-3 RetumReceiptforMerchandise
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2. Article Number
4. Restricted Delivery? (Extra Fee) 0 Yes
-- - - - - - -- --
(Transfer from service iabeq 7 012 1010 0003 4 9 9 0 5170
PS I Form 3811, February 2004 Domestic Return Receipt
- 102595-02 -M -1540
RICK SCOTT KEN DETZNER
Governor Secretary of State
Dear Ms. Heavilin:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter
dated April 18, 2013 and certified copies of Monroe County Ordinance Nos. 019 -2013 and 020 -2013 which
were filed in this office on April 24, 2013.
Sincerely,
Liz Cloud
Program Administrator
LC /elr
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6270 • Facsimile: (850) 488 -9879
www.dos.state.fl.us
To
April 24, 2013
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Honorable Amy Heavilin
Clerk of the Circuit Court
Monroe County
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500 Whitehead Street, Suite 101
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Key West, Florida 33040
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Attention: Pamela G. Hancock, Deputy Clerk
Dear Ms. Heavilin:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter
dated April 18, 2013 and certified copies of Monroe County Ordinance Nos. 019 -2013 and 020 -2013 which
were filed in this office on April 24, 2013.
Sincerely,
Liz Cloud
Program Administrator
LC /elr
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6270 • Facsimile: (850) 488 -9879
www.dos.state.fl.us
FINAL ORDER NO. DEO -13 -051
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY , G
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In re: A LAND DEVELOPMENT REGULATION DO
ADOPTED BY MONROE COUNTY, FLORIDA,
ORDINANCE NO. 019 -2013 s
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FINAL ORDER -�
APPROVING MONROE COUNTY ORDINANCE NO. 019 -2013
The Department of Economic Opportunity ( "Department ") hereby issues its Final Order,
pursuant to §§ 380.05(6) and 380.0552(9), Fla. Stat. (2012), approving land development
regulations adopted by Monroe County, Florida, Ordinance No. 019 -2013 (the "Ordinance ")
FINDINGS OF FACT
1. The Florida Keys Area is designated by § 380.0552, Fla. Stat., as an area of
critical state concern. Monroe County is a local government within the Florida Keys Area.
2. The Ordinance was adopted by Monroe County on April 17, 2013, and rendered
to the Department on April 24, 2013
3. The Ordinance amends the following Monroe County Code: Section 138 -47,
Nonresidential Rate of Growth Ordinance; Section 138 -48, General Provisions; Section 138 -49,
Type of Development Affected; Special Requirements; and Section 138.50, Type of
Development Not Affected. The Ordinance increases the number of NROGO allocation periods
in an NROGO year from two to four; increases the maximum square footage for an NROGO
allocation per site per allocation quarter from 2,500 square feet to 10,000 square feet; excludes
certain structures in an Urban Commercial land use district and an overlay district established in
a Community Master Plan; allows a specific exemption from the NROGO program for the
Rockland Key Commercial Retail Center Overlay District; provides that Ocean Reef and
FINAL ORDER NO. DEO -13 -051
mainland Monroe County are not subject to NROGO; deletes the prohibition on outdoor storage
and outdoor retail sales as principal uses on Big Pine Key; deletes the requirement that enclosing
of canopies or drive throughs in existence on or before September 19, 2001, obtain an NROGO
allocation; adds and deletes definitions; and provides conditions for off -site transfers of NROGO
square footage.
CONCLUSIONS OF LAW
4. The Department is required to approve or reject land development regulations that
are adopted by any local government in an area of critical state concern. §§ 380.05(6) and (11)
and § 380.0552(9), Fla. Stat.
5. "Land development regulations" include local zoning, subdivision, building, and
other regulations controlling the development of land. § 380.031(8), Fla. Stat. The regulations
adopted by the Ordinance are land development regulations.
6. All land development regulations enacted, amended, or rescinded within an area
of critical state concern must be consistent with the principles for guiding development for that
area. §§ 380.05(6) and 380.0552(9), Fla. Stat. The Principles for Guiding Development for the
Florida Keys Area of Critical State Concern are set forth in § 380.0552(7), Fla. Stat.
7. The Ordinance is consistent with the Principles for Guiding Development as a
whole, and specifically furthers the following Principle in § 380.0552(7), Fla. Stat.:
(a) Strengthening local government capabilities for managing land
use and development so that local government is able to achieve
these objectives without the continuation of the area of critical
state concern designation.
(d) Ensuring the maximum well -being of the Florida Keys and its
citizens through sound economic development.
(f) Enhancing natural scenic resources, promoting the aesthetic
benefits of the natural environment, and ensuring that development
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FINAL ORDER NO. DEO -13 -051
is compatible with the unique historic character of the Florida
Keys.
8. The Ordinance is consistent with the Monroe County Comprehensive Plan and
furthers Future Land Use Element Policies 101.4.5 and 108.1.2, Objective 108.1.7, and Policy
108.2.1.
WHEREFORE, IT IS ORDERED that Monroe County Ordinance No. 019 -2013 is found
to be consistent with the Principles for Guiding Development of the Florida Keys Area of
Critical State Concern and is hereby APPROVED
This Order becomes effective 21 days after publication in the Florida Administrative
Register unless a petition is timely filed as described in the Notice of Administrative Rights
below.
DONE AND ORDERED in Tallahassee, Leon County, Florida.
�6 Uk-Z
William B. Ki 1 ngsworth, Director
Division of Co unity Development
Department of Economic Opportunity
NOTICE OF ADMINISTRATIVE RIGHTS
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS
ORDER HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING
PURSUANT TO SECTION 120.569, FLORIDA STATUTES, REGARDING THE AGENCY'S
ACTION. DEPENDING UPON WHETHER YOU ALLEGE ANY DISPUTED ISSUE OF
MATERIAL FACT IN YOUR PETITION REQUESTING AN ADMINISTRATIVE
PROCEEDING, YOU ARE ENTITLED TO EITHER AN INFORMAL PROCEEDING OR A
FORMAL HEARING.
IF YOUR PETITION FOR HEARING DOES NOT ALLEGE ANY DISPUTED
ISSUE OF MATERIAL FACT CONTAINED IN THE DEPARTMENT'S ACTION, THEN
THE ADMINISTRATIVE PROCEEDING WILL BE AN INFORMAL ONE, CONDUCTED
PURSUANT TO SECTIONS 120.569 AND 120.57(2) FLORIDA STATUTES, AND
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FINAL ORDER NO. DEO -13 -051
CHAPTER 28 -106, PARTS I AND III, FLORIDA ADMINISTRATIVE CODE. IN AN
INFORMAL ADMINISTRATIVE PROCEEDING, YOU MAY BE REPRESENTED BY
COUNSEL OR BY A QUALIFIED REPRESENTATIVE, AND YOU MAY PRESENT
WRITTEN OR ORAL EVIDENCE IN OPPOSITION TO THE DEPARTMENT'S ACTION OR
REFUSAL TO ACT; OR YOU MAY EXERCISE THE OPTION TO PRESENT A WRITTEN
STATEMENT CHALLENGING THE GROUNDS UPON WHICH THE DEPARTMENT HAS
CHOSEN TO JUSTIFY ITS ACTION OR INACTION.
IF YOU DISPUTE ANY ISSUE OF MATERIAL FACT STATED IN THE AGENCY
ACTION, THEN YOU MAY FILE A PETITION REQUESTING A FORMAL
ADMINISTRATIVE HEARING BEFORE AN ADMINISTRATIVE LAW JUDGE OF THE
DIVISION OF ADMINISTRATIVE HEARINGS, PURSUANT TO SECTIONS 120.569 AND
120.57(1), FLORIDA STATUTES, AND CHAPTER 28 -106, PARTS I AND II, FLORIDA
ADMINISTRATIVE CODE. AT A FORMAL ADMINISTRATIVE HEARING, YOU MAY
BE REPRESENTED BY COUNSEL OR OTHER QUALIFIED REPRESENTATIVE, AND
YOU WILL HAVE THE OPPORTUNITY TO PRESENT EVIDENCE AND ARGUMENT ON
ALL THE ISSUES INVOLVED, CONDUCT CROSS - EXAMINATION AND SUBMIT
REBUTTAL EVIDENCE, SUBMIT PROPOSED FINDINGS OF FACT AND ORDERS, AND
FILE EXCEPTIONS TO ANY RECOMMENDED ORDER.
IF YOU DESIRE EITHER AN INFORMAL PROCEEDING OR A FORMAL
HEARING, YOU MUST FILE WITH THE AGENCY CLERK OF THE DEPARTMENT OF
ECONOMIC OPPORTUNITY A WRITTEN PLEADING ENTITLED, "PETITION FOR
ADMINISTRATIVE PROCEEDINGS" WITHIN 21 CALENDAR DAYS OF PUBLICATION
OF THIS NOTICE. A PETITION IS FILED WHEN IT IS RECEIVED BY:
AGENCY CLERK
DEPARTMENT OF ECONOMIC OPPORTUNITY
OFFICE OF THE GENERAL COUNSEL
107 EAST MADISON STREET, MSC 110
TALLAHASSEE, FLORIDA 32399 -4128
Telephone: 850- 245 -7150
Fax Number 850- 921 -3230
Email: Miriam.Snipes @deo.myflorida.com
THE PETITION MUST MEET THE FILING REQUIREMENTS IN RULE 28-
106.104(2), FLORIDA ADMINISTRATIVE CODE. IF AN INFORMAL PROCEEDING IS
REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH
RULE 28- 106.301, FLORIDA ADMINISTRATIVE CODE. IF A FORMAL HEARING IS
REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH
RULE 28- 106.201(2), FLORIDA ADMINISTRATIVE CODE.
A PERSON WHO HAS FILED A PETITION MAY REQUEST MEDIATION. A
REQUEST FOR MEDIATION MUST INCLUDE THE INFORMATION REQUIRED BY
RULE 28- 106.402, FLORIDA ADMINISTRATIVE CODE. CHOOSING MEDIATION DOES
NOT AFFECT THE RIGHT TO AN ADMINISTRATIVE HEARING.
M
s
FINAL ORDER NO. DEO -13 -051
YOU WAIVE THE RIGHT TO AN INFORMAL ADMINISTRATIVE
PROCEEDING OR A FORMAL HEARING IF YOU DO NOT FILE A PETITION WITH THE
AGENCY CLERK WITHIN 21 DAYS OF PUBLICATION OF THIS FINAL ORDER.
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with
the undersigned designated Agency Clerk, and that true and correct copies have been furnished
to the persons listed below by the methods indicated this A day of May, 2013.
Miriam Snipes, Agen y Clerk
Department of Economic Opportunity
107 East Madison Street, MSC 110
Tallahassee, FL 32399 -4128
Telephone: 850- 717 -8531
By U.S. Mail
The Honorable George Neugent
Mayor, Monroe County
500 Whitehead Street
Key West, FL 33040
Amy Heavilin
Clerk to the Board of County Commissioners
500 Whitehead Street
Key West, FL 33040
Christine Hurley, Director
Monroe County Growth Management Division
2798 Overseas Highway, Suite 400
Marathon, FL 33050
By Hand Delivery or Interagency Mail
Rebecca Jetton, ACSC Administrator, DEO Tallahassee
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