Item Q5BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 17, 2013 Division: Growth Management
Bulk Item: Yes _ No X Department: Planning & Environmental Resources
Staff Contact Person/Phone #: Christine Hurley 289-2500
Joseph Haberman — 289-2532
AGENDA ITEM WORDING: A public hearing to consider an Ordinance 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.
ITEM BACKGROUND: Since the implementation of the NROGO permit allocation system, applications for square
footage have not exceeded the amount available. 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. As of July 12, 2012 (NROGO Year 20), for the
Upper/Lower Keys areas (excluding Big Pine/No Name Keys), 389,991 square feet (and growing) has not been utilized
for development and, for the Big Pine/No Name Keys areas, 4,339 square feet of the square footage has not been awarded.
This amendment establishes a system to track and account for unused or reclaimed nonresidential floor area, to be known
as the NROGO bank. The NROGO bank will 1) be established; 2) be separated into subareas; 3) maintain reserves of
20,000 sq. ft. for the Upper and Lower subareas (no reserve for Big Pine/No Name Keys); and 4) restrict 50 percent of the
balances within the NROGO bank for utilization only by existing businesses.
During regularly scheduled meetings held on June 26, 2012 and August 28, 2012, the DRC reviewed the ordinances and
recommended approval to the BOCC. During regularly scheduled meetings held on January 30, 2013, February 27, 2013
and March 27, 2013, the Planning Commission reviewed the ordinance and recommended approval to the BOCC.
PREVIOUS RELEVANT BOCC ACTION:
The NROGO permit allocation system went into effect in 2002, following the adoption of Ordinance #032-2001. The
NROGO is required by Monroe County Comprehensive Plan Policy 101.3.1.
Although the NROGO has been amended on several occasions since 2002, recently, the BOCC approved Ordinance #024-
2012 amending MCC §138-47 and §138-52 to establish a requirement that a building permit application be revised
following receipt of its required NROGO allocation(s) and prior to building permit issuance to meet all building codes in
effect at the time of building permit issuance.
The BOCC discussed the proposed ordinance and provided staff some direction at the February 20, 2013 BOCC meeting.
CONTRACT/AGREEMENT CHANGES: n/a
STAFF RECOMMENDATIONS: Staff recommends approval.
TOTAL COST: INDIRECT COST: BUDGETED: Yes No _
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes _ No AMOUNT PER MONTH Year
APPROVED BY: County Atty
DOCUMENTATION: Included
OMB/Purchasing
Not Required
Risk Management
DISPOSITION: AGENDA ITEM #
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MEMORANDUM
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
To: Monroe County Board of County Commissioners
Through: Christine Hurley, AICP, Director of Growth Management
Townsley Schwab, Senior Director of Planning & Environmental Resources
From: Joseph Haberman, AICP, Planning & Development Review Manager
Date: April 2, 2013
Subject: 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 138-52, APPLICATION PROCEDURES FOR NROGO;
SECTION 138-53, EVALUATION PROCEDURES FOR NONRESIDENTIAL
FLOOR AREA ALLOCATIONS; ESTABLISHING NEW DEFINITIONS;
ESTABLISHING A MECHANISM TO ALLOCATE NONRESIDENTIAL FLOOR
AREA UNALLOCATED IN PREVIOUS YEARS, 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.
Meeting: April 17, 2013
2 I REQUEST
3
4 The Planning & Environmental Resources Department is proposing amendments to the text
5 of §138-47, §138-52 and §138-53 of the Monroe County Code (MCC). This amendment
6 establishes a system to track and account for unused or reclaimed nonresidential floor area, to
7 be known as the NROGO bank. The NROGO bank will 1) be established; 2) be separated
8 into subareas; 3) maintain reserves of 20,000 sq. ft. for the Upper and Lower subareas (no
9 reserve for Big Pine/No Name Keys); and 4) restrict 50 percent of the balances within the
10 NROGO bank for utilization only by existing businesses.
11
12 Staff is not recommending any changes that are inconsistent with the pertinent, existing
13 policies of the Monroe County Comprehensive Plan- most importantly, Policy 101.3.1,
14 which requires the NROGO permit allocation system and limits the square footage of non-
15 residential development to a ratio of approximately 239 SF per each new dwelling unit
16 allocated via the ROGO permit allocation system.
17
18
Page 1 of 28 (File #2012-013-b) NROGO Bank SStaff report for the April 17, 2013 BOCC public hearingl
1 II RELEVANT PRIOR COUNTY ACTIONS:
2
3 The NROGO was adopted into the Monroe County Code, as required by Monroe County
4 Comprehensive Plan Policy 101.3.1.
5
6 Recently, Monroe County amended MCC §138-47 and §138-52 (File #2012-038). The main
7 purpose of that amendment was to establish a requirement that a building permit application
8 be revised following receipt of its require ROGO and/or NROGO allocation(s) and prior to
9 building permit issuance to meet all building codes in effect at the time of building permit
10 issuance. Ordinance #024-2012, which memorialized the amendment, was adopted by the
11 BOCC and is now effective.
12
13 A previous version of this text amendment (MCC § 138-51 only) was reviewed by the
14 Development Review Committee on June 26, 2012 and scheduled for review by the Planning
15 Commission on July 25, 2012. Prior to the public hearing by the Planning Commission, staff
16 opted to include additional text amendments, including some within additional sections of the
17 Land Development Code, and determined that the revisions required additional review by the
18 Development Review Committee prior to review by the Planning Commission.
19
20 A previous version of this text amendment (MCC §138-47 through §138-53) was reviewed
21 by the Development Review Committee on August 28, 2012. During the Planning
22 Commission's November 28, 2012 public hearing, in anticipation of hearing this text
23 amendment, the Planning Commission advised staff to separate the proposal to establish a
24 NROGO bank from the other non -related NROGO text amendments so that it could be
25 considered independently.
26
27 The separate text amendment petition is being processed concurrently to this amendment.
28 The other amendment affects MCC §138-47 as well. The purpose of the other amendment is
29 to revise MCC §138-47, §138-48, §138-49, §138-50, and §138-51 to establish new
30 definitions; revise the types of development affected and not affected; revise the regulations
31 to increase the number of NROGO allocation periods in a given year from two allocation
32 periods to four allocation periods; and to increase the maximum amount of an allocation.
33
34 This proposed text amendment was considered by the Planning Commission at its January
35 30, 2013 meeting. The public hearing was first continued to February 27, 2013 in order for
36 staff to compile additional supporting information/documentation and incorporate several
37 revisions suggested by the Commission. The public hearing was continued a second time to
38 March 27, 2013 in order for the Commission to have more time to review the
39 information/documentation and revisions provided by staff.
40
41 This proposed text amendment was discussed by the Board of County Commissioners at its
42 February 20, 2013 meeting. Regarding this proposed text amendment, the Board requested
43 that staff.
44 • In agreement with the Planning Commission, amend the proposed regulations to
45 reserve 50 percent of the balance of the NROGO bank for existing businesses.
Page 2 of 28 (File #2012-013-b) NROGO Bank [Staff report for the April 17, 2013 BOCC public hearing]
I • In order to have proportional nonresidential growth, amend the regulations so that the
2 annual NROGO allocation is proportionately divided into the three ROGO subareas
3 (Upper Keys, Lower Keys and Big Pine/No Name Keys). In relation to the NROGO
4 bank, there would be three accounts, one for each ROGO subarea.
5 • In agreement with a staff recommendation (made after the January 30, 2013 Planning
6 Commission public hearing), amend the proposed regulations to limit access to the
7 NROGO bank to properties designated Tier III.
8 • In agreement with a staff recommendation (made after the January 30, 2013 Planning
9 Commission public hearing), establish a reserve amount so that de minimis expansion
10 applications can be accommodated.
11
12 In addition, with the implementation of the changes requested by the Planning Commission
13 and Board of County Commissioners, it would difficult to manage applications and distribute
14 awards for nonresidential floor area within the NROGO bank at any regular meeting of the
15 Planning Commission (12 times per NROGO year). Therefore, staff has amended the
16 regulations to only allow access on the same public hearing dates in which the general
17 NROGO allocations are awarded (4 times per NROGO year).
18
19 III REVIEW
20
21 As set forth in MCC §138-47(b), the purposes and intent of the NROGO are: 1) to facilitate
22 implementation of goals, objectives and policies set forth in the Comprehensive Plan relating
23 to maintaining a balance between residential and nonresidential growth; 2) to maintain a ratio
24 of approximately 239 SF of nonresidential floor area for each new residential permit issued
25 through the ROGO; 3) to promote the upgrading and expansion of existing small -size
26 businesses and to retain the predominately small scale character of nonresidential
27 development in the Florida Keys; 4) to regulate the rate and location of nonresidential
28 development in order to eliminate potential land use conflicts; and 5) to allocate the
29 nonresidential floor area annually hereunder, based on the goals, objectives and policies of
30 the Comprehensive Plan and the Livable CommuniKeys master plans.
31
32 Comprehensive Plan Policy 101.3.1, which addresses the NROGO permit allocation system,
33 states:
34
35 Monroe County shall maintain a balance between residential and non-residential growth
36 by limiting the square footage of non-residential development to maintain a ratio of
37 approximately 239 square feet of new non-residential development for each new
38 residential unit permitted through the Residential Permit Allocation System. This ratio
39 may be modified from time to time through amendments to the land development
40 regulations based upon market and other relevant studies as required by policy 101.3.5.
41 The commercial allocation allowed by this policy shall be uniformly distributed on an
42 annual basis, consistent with the Residential Permit Allocation System as set forth in
43 Policy 101.2. L
44
45
Page 3 of 28 (File #2012-013-b) NROGO Bank (Staff report for the April 17, 2013 BOCC public hearing]
1 Concerning the amount of NROGO floor area that has not been allocated (for reference
2 purposes):
3
Total Un-allocated Nonresidential
As of NROGO Year
Floor area
Big Pine Key and No Name
4,339 SF
Year 20 (2012)
Key ROGO subarea
Upper Keys & Lower Keys
389,991 SF
Year 20 (2012)
ROGO subareas
Staff has drafted the ordinance to become effective on the commencement of NROGO Year
22, which is July 13, 2013. In the event that the ordinance cannot be processed and deemed
effective by July 13, 2013, staff recommends that the commencement date be the opening
date of Period 2 of NROGO Year 22, which would be January 15, 2014. Potential effective
dates for the ordinance are as follows:
NROGO Year 21 (July 13, 2012 through July 12, 2013):
Period 1: July 13, 2012 through January 14, 2013
Period 2: January 15, 2013 through July 12, 2013
NROGO Year 22 (July 13, 2013 through July 12, 2014)
Period 1: July 13, 2013 through January 14, 2014
Period 2: January 15, 2014 through July 12, 2014
As proposed, the NROGO dates would become synced with ROGO dates- which are
quarters:
Quarter 1: July 13 through October 12
Quarter 2: October 13 through January 12
Quarter 3: January 13 through April 12
Quarter 4: April 13 through July 12
MCC $138-47:
Amendments are necessary to the definitions contained within this section that are applicable
to application of the NROGO. Staff is proposing to create definitions for NROGO bank. As
a note, in a recent text amendment (File #2012-038), the County created a definition for
lawfully established ROGO/NROGO exemption and revised the existing definitions of
buildable lot or parcel, nonresidential floor area, nonresidential ROGO allocation,
nonresidential ROGO allocation award and site.
MCC $138-52:
An amendment is recommended to create an application process for the NROGO bank, a
codified mechanism to allocate nonresidential floor area that went unallocated in previous
years.
Page 4 of 28 (File #2012-013-b) NROGO Bank ]Staff report for the April 17, 2013 BOCC public hearing]
1 In order to have proportional nonresidential growth as requested by the BOCC, as part of the
2 concurrent text amendment, staff is proposing an amendment to the regulations so that the
3 annual NROGO allocation is proportionately divided into the three ROGO subareas (Upper
4 Keys, Lower Keys and Big Pine/No Name Keys). Currently, the annual allocation is divided
5 between the two Upper/Lower Keys subareas and the Big Pine/No Name Keys subarea as
6 required by the Big Pine and No Name Keys CommuniKeys Plan.
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
Of the 44,693 SF annually made available for the Lower and Upper Keys subareas,
beginning NROGO Year 22, 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.
Commencing NROGO Year 22, the annual amount of floor area available for allocation
under NROGO shall be:
ROGO Subarea
# of Market
# of Affordable
Total Units
Annual NROGO
Rate Units
Units *
Allocation
(# of Units x 239
SF
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
47,083 SF
* Concerning the Upper Keys and Lower Keys subareas, 71 affordable ROGO allocations are
disproportionately distributed. Therefore using a proportional approximation, the above table
divides this total in half and gives the extra unit to the Upper Keys subarea (since it has more
market -rate growth).
Nonresidential floor area not allocated would be tracked within three accounts or an account
for each ROGO subarea.
23 As for the opening balances for the Upper Keys and Lower Keys accounts, due to fact that
24 the Board of County Commissioners has not always awarded the full annual NROGO
25 allocation (currently 47,083 SF per NROGO year) and affordable residential dwelling unit
26 ROGO allocations are not proportionately distributed between the Upper Keys and Lower
27 Keys ROGO subareas (similar to the existing NROGO regulations), it would be impossible
28 to determine the exact the proportioned amounts of the already banked nonresidential floor
29 area for the Upper Keys/Lower Keys. As any total would be an arbitrary approximation,
30 staff is recommending to open the balances (as of the beginning date of NROGO Year 22 by
31 allocating 50% of the banked amount to each Upper Keys and Lower Keys ROGO subarea
32 (currently the total is 389,991 SF; however it will likely increase with the addition of
33 unallocated SF from NROGO Year 21 (and possibly NROGO Year 22 or part thereof) and
34 due to expired applications and the subsequent return of awarded SF).
35
36 The Big Pine and No Name Key ROGO subarea's opening balance would be 4,339 SF and
37 may increase with the addition of unallocated SF from NROGO Year 21 (and possibly
Page 5 of 28 (File #2012-013-b) NROGO Bank [Staff report for the April 17, 2013 BOCC public hearing]
1
2
3
4
5
NROGO Year 22 or part thereof) (note: currently the NROGO permit allocation system for
Big Pine Key is competitive and there may not be any unallocated SF) and due to expired
applications and the subsequent return of awarded SR
ROGO Subarea
NROGO Year 20
NROGO Year 21
NROGO Year 22
Total
Upper
194,996 SF*
TBD**
TBD**
TBD
Lower
194,995 SF*
TBD**
TBD**
TBD
Big Pine/No
Name
4,339 SF
TBD
TBD
TBD
nail of J69,991 �r kwun extra Nr going to the Upper Keys ROGO subarea which has
experienced more residential growth)
* * Half of unallocated SF for Upper and Lower Keys
The effective date of this ordinance establishing the NROGO bank will be the opening date
of NROGO Year 22 (July 13, 2013).
Note: Separate of the NROGO bank concept, modifications are necessary throughout to
amend the existing language to facilitate the distribution of NROGO allocations to three
ROGO subareas (as opposed to Big Pine/No Name and remainder of the county) and remove
references to large and small allocations.
MCC ,$138-53:
An amendment is recommended to reflect that the ending of the second period would be
approximately the ending of the proposed third quarter.
In addition, an amendment is recommended to create an evaluation process for the NROGO
bank, a codified mechanism to allocate nonresidential floor area that went unallocated in
previous years.
Therefore, staff recommends the following changes (Deletions are strieken thT-Ough and in
and additions are underlined and in green. Text to remain the same is in black): Changes
to the concurrent text amendment to MCC § 138-47- as of the date of this report- are in blue.
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:
Page 6 of 28 (File #2012-013-b) NROGO Bank [Staff report for the April 17, 2013 BOCC public hearing]
I Allocation date means the specific date and time by which applications for the NROGO
2 allocation will be accepted and processed.
3
4 Annual allocation period means the 12-month period beginning on July 14, 2001, and
5 subsequent one-year periods that is used to determine the amount of nonresidential floor
6 area to be allocated based on the number of ROGO allocations to be issued in the
7 upcoming ROGO year.
8
9 Annual nonresidential ROGO allocation also referred to as an annual NROGO
10 allocation, means the maximum floor area that for whieh building pe may be issue
11 allocated during an annual allocation period.
12
13 Buildable lot or parcel, for the purposes of this ehapter article, means a lot or parcel
14 which must contain a minimum of 2,000 square feet of uplands, including any disturbed
15 wetlands that can be filled.
16
17 Canqpy, also referred to as a sunshade in reference to a structure means an unenclosed
18 covered area. A canopy may be a free-standing structure or may project from the wall of
19 a buildina.
20
21 Community master plan means a plan adopted by the board of county commissioners as
22 part of the Monroe County Livable CommuniKeys Program.
23
24 Controlling date means the same as defined in section 138-19(a), except it shall apply to
25 NROGO applications under this article.
26
27 Govered imlkoqjw means a eeveFed afea ef any leno but no wider than five feet thm is
28
29
30
31 Historic resources means a building, structure, site, or object listed or eligible for listing
32 individually or as a contributing resource in a district in the National Register of Historic
33 Places, the state inventory of historic resources or the county register of designated
34 historic properties.
35
36 ht4g means the develepment or- redevelopment of land that has been b5Tassed, r-efflai
37 vaeem,
38
39
40 Lawfully established ROGO/NROGO exemption means a residential dwelling unit or
41 nonresidential floor area that has received a permit or other official approval from the
42 division of growth management for the units unit and/or nonresidential floor area.
43
44 Nonresidential floor area means the sum of the gres total floor area for a nonresidential
45 building or structure, as defined in section 101-1,
46 , ,
Page 7 of 28 (File #2012-013-b) NROGO Bank [Staff report for the April 17, 2013 BOCC public hearing]
1 > >
2 . Additionally, bepftatf-k-�itigend leading afeas are covered and unenclosed
3 boat racks with three or fewer sides not associated with retail sales of boats ...h;.,h de iiet
4 are not considered
5 nonresidential floor area. Further, the The term "nonresidential floor area" does not
6 include space occupied by residential dal uses.,
7 including-Vaces occupied by a transient residential unit and an institutional -residential
8 use as defined in section 101-1.
9
10 Nonresidential ROGO allocation, also referred to as NROGO allocation, means the
11 maximum amount of nonresidential floor area which bull ine, nofffiit may be issued
12 in a given time period.
13
14 Nonresidential ROGO allocation award, also referred to as NROGO allocation award,
15 means the approval of a nonresidential ROGO application prior to the application and
16 subsequent issuance of a building permit to authorize construction of new nonresidential
17 floor area.
18
19 Nonresidential ROGO bank also referred to as NROGO bank means the cumulative
20 total of a NROGO_ allocations that were not awarded and thereby not allocated due to a
21 lack of demand, b) nonresidential floor area not made available for the annual NROGO
22 allocation_by the board of coup commissioners,• and c allocated nonresidential floor
23 area reclaimed due to the abandonment or expiration of approved development that
24 received a NROGO allocation award.
25
26 Quarter.1y nonresidential ROGO allocation period means any one of the four periods
27 within an annual allocation period.
28
29 Quarterly nonresidential ROGO allocation means the maximum number of amount of
30 nonresidential floor area square footage which may be allocated in a quarterly allocation
31 period.
32
33 Site means the parcels of land required to be aggregated to be developed or from which
34 existing nonresidential floor area is to be transferred or received.
35
36 Storage area means the outside storage of vehicles, recreational vehicles, boats, campers,
37 equipment, goods and materials for more than 24 hours. The term "storage area" includes
38 a contractor's equipment storage, but does not include outdoor retail sales
39 defined in section 101-1. This is considered a light industrial use and does not include
40 waste transfer stations, junkyards, yi&& or other heavy industrial uses.
41
42
43
44 (b) Purpose and intent. The purposes and intent of the nonresidential rate of growth
45 ordinance ajROGO are:
Page 8 of 28 (File #2012-013-b) NROGO Bank [Staff report for the April 17, 2013 BOCC public hearing]
1 (1) To facilitate implementation of goals, objectives and policies set forth in the
2 comprehensive plan relating to maintaining a balance between residential and
3 nonresidential growth.
4 (2) To maintain a ratio of approximately 239 square feet of nonresidential floor area for
5 each new residential permit issued through the residential rate of growth ordinance
6 (ROGO) by ROGO subarea.
7 (3) To promote the upgrading and expansion of existing small -size businesses and to
8 retain the predominately small scale character of nonresidential development in the
9 Florida Keys.
10 (4) To regulate the rate and location of nonresidential development in order to eliminate
11 potential land use conflicts.
12 (5) To allocate the nonresidential floor area annually hereunder, based on the goals,
13 objectives and policies of the comprehensive plan and the community master plans.
14
15
16
17 Sec. 138-52. - Application procedures for NROGO.
18
19 (a) Application for allocation by way of the NROGO allocation system. The planning and
20 environmental resources department shall accept applications to enter the NROGO
21 system. The NROGO application must be accompanied by an approved building permit
22 application in order to be considered .
23
sought,
24 2,500 squafe--feetor- less, 2,501 square fee! e-e. The planning director, or his or her
25 designee, shall review the NROGO application for completeness. If the application is
26 determined to be incomplete, the planning director, or his or her designee, shall reject the
27 NROGO application and notify the applicant of such rejection, and the reasons therefor,
28 within ten working days. If determined to be complete, the application shall be assigned a
29 controlling date. The NROGO application shall be submitted in a form provided by the
30 planning and environmental resources department and meet the following requirements:
31 (1) The application shall include a) the name and address of the property owner(s) of
32 record, b) the property record card(s) from the Monroe County Property Appraiser, c)
33 a written legal description of the property proposed for development, d) a boundary
34 survey of the property proposed for development, prepared by a surveyor registered
35 in the State of Florida, showing the boundaries of the site, elevations, bodies of water
36 and wetlands on the site and adjacent to the site, existing structures including all
37 impervious areas, existing easements, total acreage and total acreage by habitat and e)
38 a site plan. The boundary survey and site plan may be filed with the corresponding
39 building permit application. Additional copies of the boundary survey and site plan
40 are not required to be filed with the NROGO application.
41 (2) If a conditional use permit is required in accordance with this Land Development
42 Code for the development applied for, the conditional use permit shall be obtained
43 and effective prior to submittal of any NROGO application. A copy of the recorded
44 development order shall be submitted with the NROGO application.
45 (3) The site plan shall be prepared and sealed by a professional architect, engineer, or any
46 other professional licensed to prepare a site plan. The site plan shall be drawn to a
Page 9 of 28 (File #2012-013-b) NROGO Bank [Staff report for the April 17, 2013 BOCC public hearing]
I scale of one inch equals ten feet or one inch equals twenty feet. At a minimum, the
2 site plan shall depict the following features and information:
3 a. Date, north point and graphic scale;
4 b. Boundary lines of site, including all property lines and mean high-water lines
5 shown in accordance with Florida Statutes;
6 c. All attributes from the boundary survey;
7 d. Future Land Use Map (FLUM) designation(s) of the site;
8 e. Land Use (Zoning) District designation(s) of site;
9 f. Tier designation(s) of the site;
10 g. Flood zones pursuant to the Flood Insurance Rate Map;
11 h. Setback lines as required by this Land Development Code;
12 i. Locations and dimensions of all existing and proposed structures, including all
13 paved areas and clear site triangles;
14 j. Size and type of buffer yards and parking lot landscaping areas, including the
15 species and number of plants;
16 k. Extent and area of wetlands, open space preservation areas and conservation
17 easements;
18 1. Delineation of habitat types to demonstrate buildable area on the site, including
19 any heritage trees identified and any potential species that may use the site
20 (certified by an approved biologist and based on the most current professionally-
21 recognized mapping by the U.S. Fish and Wildlife Service);
22 in. Drainage plan including existing and proposed topography, all drainage
23 structures, retention areas, drainage swales and existing and proposed permeable
24 and impermeable areas;
25 n. Location of fire hydrants or fire wells;
26 o. The location of public utilities, including location of the closest available water
27 supply system or collection lines and the closest available wastewater collection
28 system or collection lines (with wastewater system provider) or on -site system
29 proposed to meet required County and State of Florida wastewater treatment
30 standards; and
31 p. A table providing the total land area of the site, the total buildable area of the site,
32 the type and square footage of all nonresidential land uses, the type and number of
33 all residential dwelling units, the amounts of impervious and pervious areas, and
34 calculations for land use intensity, open space ratio, and off-street parking.
35
36 (b) Fee .for review of application. Each NROGO application shall be accompanied by a
37 nonrefundable processing fee established by resolution of the board of county
38 commissioners. Additional fees are not required for successive review of the same
39 NROGO application unless the application is withdrawn and resubmitted.
40
41 (c) Compliance with other requirements. The NROGO application shall not constitute an
42 indication of whether or not the applicant for the nonresidential floor area allocation has
43 satisfied and complied with all county, state, and federal requirements otherwise imposed
44 by the county regarding conditions precedent to issuance of a building permit.
45
Page 10 of 28 (File #2012-013-b) NROGO Bank I Staff report for the April 17, 2013 BOCC public hearing]
1 (d) Time of review. The planning director may retain the allocation application and its
2 associated building permit application for review pursuant to the evaluation procedures
3 and criteria set forth in section 138-53 and section 138-55.
4
5 (e) Non -county time periods. The county shall develop necessary administrative procedures
6 and, if necessary, enter into agreements with other jurisdictional entities which impose
7 requirements as a condition precedent to development in the county, to ensure that such
8 non -county approvals, certifications and/or permits are not lost due to the increased time
9 requirements necessary for the county to process and evaluate NROGO applications and
10 issue allocation awards. The county may permit evidence of compliance with the
11 requirements of other jurisdictional entities to be demonstrated by coordination letters in
12 lieu of approvals or permits.
13
14 (f) Limitation on number of applications.
15 (1) An individual entity or organization may have only one active NROGO application
16 per site in the allocation period.
17 (2) There shall be no limit on the number of separate projects for which NROGO
18 applications may be submitted by an individual, entity or organization.
19
20 (g) Expiration of allocation award. An allocation award shall expire when its corresponding
21 building permit is deemed to expire pursuant to chapter 102, article VII, after 60 days of
22 mailing of notification for the award of the allocation of nonresidential floor area or after
23 failure of the applicant to submit required plan revisions by the required date set forth in
24 subsection (k).
25
26 (h) Withdrawal of NROGO application. An applicant may elect to withdraw a NROGO
27 application without prejudice at any time up to finalization of the evaluation rankings by
28 the planning commission. Revision and resubmission of the withdrawn application must
29 be in accordance with subsection (i) of this section.
30
31 (i) Revisions to applications and awards.
32 (1) Upon submission of a NROGO application, an applicant may revise the application if
33 it is withdrawn and resubmitted prior to the allocation date for the allocation period in
34 which the applicant wishes to compete. Resubmitted applications shall be considered
35 new, requiring payment of appropriate fees and receiving a new controlling date.
36 (2) After receipt of an allocation award, and either before or after receipt of a building
37 permit being obtained, but prior to receipt of a certificate of occupancy or final
38 inspection, no revisions shall be made to any aspect of the proposed nonresidential
39 development which formed the basis for the evaluation review, determination of
40 points and allocation rankings, unless such revision would have the effect of
41 increasing the points awarded.
42 (3) After the receipt of an allocation award, a building permit and a certificate of
43 occupancy or final inspection, no revision shall be made to any aspect of the
44 completed nonresidential development which formed the basis for the evaluation,
45 review, determination of points and allocation rankings, unless such revisions are
46 accomplished pursuant to a new building permit and unless such revisions would
Page 11 of 28 (File #2012-013-b) NROGO Bank [Staff report for the April 17, 2013 BOCC public hearing]
1 have the net effect of either maintaining or increasing the number of points originally
2 awarded.
3
4 0) Clarification of application data.
5 (1) At any time during the NROGO allocation review and approval process, the applicant
6 may be requested by the planning director or the planning commission, to submit
7 additional information to clarify the relationship of the allocation application, or any
8 elements thereof, to the evaluation criteria. If such a request is made, the planning
9 director shall identify the specific evaluation criterion at issue and the specific
10 information needed and shall communicate such request to the applicant.
11 (2) Upon receiving a request from the planning director for such additional information,
12 the applicant may provide such information; or the applicant may decline to provide
13 such information and allow the allocation application to be evaluated as submitted.
14
15 (k) Revisions of building permit applications requiring the NROGO allocation(s). A building
16 permit application for a proposed nonresidential floor area requiring a NROGO allocation
17 must be approved prior to submitting a NROGO application. In the event that the Florida
18 Building Code is amended between the date in which a NROGO application is submitted
19 and the date in which a building permit requiring the NROGO allocation(s) applied for is
20 issued (which follows the date in which the required allocation(s) is awarded), if
21 necessary, the applicant shall submit plan revisions to the building permit application
22 demonstrating full compliance with the current Florida Building Code in effect. These
23 plan revisions shall be submitted within 180 days of the NROGO allocation award date or
24 the applicant shall forfeit the NROGO allocation award. Following receipt of the plan
25 revisions, the building department shall review the revisions as if the application is new
26 (however retaining the same building permit number for administrative purposes), based
27 on the building code, for compliance prior to issuance of the building permit requiring the
28 NROGO allocation(s) by the building official. Such mandatory revisions and review are
29 limited to the modifications necessary to demonstrate compliance with the Florida
30 Building Code in effect at the time of building permit issuance. This is not applicable to
31 the Land Development Code.
32
33 1 Avolication Lor allocation b , way of the NROGO-bank.-The iQlanning.and environmental
34 resources department _(department) shall maintain a record of NROGO allocations that
35 were not awarded in NROGO allocation periods. This shall be known as the NROGO
36 bank. As of July 12, 2012 (NROGO Year 20), the NROGO bank for each ROGO subarea
37 was as follows:
38
Big Pine Key and No Name Key ROGO
subarea
4,339 square feet
Upper Keys & Lower Keys ROGO subareas
389,991 square feet
39
40 Commencine NROGO Year 22 (July 13, 2013 through July 112., 2014)t, he NROGO bank
41 shall be divided_ into three ROGO subareas: 1) Upper Keys, 2) Lower Keys and 3) Big
42 Pine/No Name Kegs. The NROGO bank shall be maintained by an account per each
Page 12 of 28 (File #2012-013-b) NROGO Bank [Staff report for the April 17, 2013 BOCC public hearing]
I ROGO subarea annually. Upon availability of nonresidential floor area in a given ROGO
2 subarea account within the NROGO bank, the department shall accept applications for
3 applicants re uestin- the banked nonresidential floor area. The NROGO application must
4 be accompanied by an approved building�pennit application in order to be considered.
5 The planning director,v or his or her designee shall review the application for
6 completeness. If the application is detenn.ined to be incomplete, the planning director
7 shall reiect the application and notify the applicant of such resection, and the reasons
8 therefor, within 30 dqys. The application shall be submitted in_a _form provided by the
9 department and meet the same requirements for a standard NROGO application as set
10 forth in subsection (a). Each application shall be accompanied by a nonrefundable
11 processing fee as established by resolution of the board of county commissioners.
12
13
14
15 Sec. 138-53. Evaluation procedures for nonresidential floor area allocation.
16
17
18
19
20
21
22 el lei
23 (2) The ameunt of Poor area alieeation awafds available that weFe not alleeated a4 !he
24 fkst alleeation of the euffent aflnual Etileeatien pefied;
25
26
27 .
28
29 La)(b) Initial evaluation of allocation applications. Upon receipt of completed NROGO
30 allocation applications, the planning or his designee shall
31 evaluate the allocation applications pursuant to the evaluation criteria set forth in section
32 138-55.
33 (1) Within 30 days of an allocation date, unless otherwise extended by the planning
34 commission, the planning director shall:
35 a. Complete the evaluation of all allocation applications submitted during the
36 relevant allocation period;
37 b. Total the amount of square footage for which allocation applications have been
38 received for Big Pine Key and N6 Naffie Key and R)f the remainder- of the
39 each ROGO subarea (Upper Keys; Lower Keys, and Big
40 Pine Key 1No Name Key_`;; and
41 c. Rank the allocation applications, in descending order from the highest
42 evaluation point total to the lowest for each
43 ROGO subarea.
44
45 ,
Page 13 of 28 (File #2012-013-b) NROGO Bank [Staff report for the April 17, 2013 BOCC public hearing]
I
2 appliea4ians be granted alleeation awEffds.
3
4
5
6
7 alleeation, and these applieatiefts whose FaAing ptAs them eutside of the alleeation.
8
9 fbj�e4 Public hearings and allocation awards. Upon completion of the evaluation ranking
10 report and/or recommendation, the dam;= planning shall schedule and notice
11 a public hearing by the planning commission pursuant to otherwise applicable
12 regulations.
13 (1) At or prior to the public hearing, the planning commission may request, and the
14 difeeteF a planning director shall supply, copies of the allocation applications and the
15 evaluation worksheets.
16 (2) Upon review of the allocation applications and evaluation worksheets, the planning
17 commission may adjust the points awarded for meeting a particular :tea criterion,
18 adjust the rankings as a result of changes in points awarded, or make such other
19 changes as may be appropriate and justified.
20 (3) The basis for planning commission changes shall be specified in the form of a motion
21 to adopt the allocation rankings and may include the following:
23 l—.— a. A mistake in the application of one or more of the evaluation criteria; and
24 e.—b. A misinterpretation of the applicability of an evaluation criterion.
25 (4) The public, including, but not limited to, applicants for allocation awards, shall be
26 permitted to testify at the public hearing. Applicants may offer testimony about their
27 applications or other applications; however, in no event may an applicant offer
28 modifications to an application that could change the points awarded or the ranking of
29 the application.
30 (5) At the conclusion of the public hearing, the planning commission may:
31 a. Move to accept the evaluation rankings as submitted by the planning
32 director;
33 b. Move to accept the evaluation rankings as may be modified as a result of the
34 public hearing;
35 c. Move to continue the public hearing to take additional public testimony;
36 d. Move to close the public hearing but to defer action on the evaluation rankings
37 pending receipt of additional information; and
38 e. Move to reject the evaluation rankings.
39 (6) The planning commission shall finalize the evaluation rankings within 60 days
40 following initial receipt of the difeetef planning evaluation ranking, report
41 and recommendation.
42
43 Notification to applicants. Upon finalization of the evaluation rankings by the planning
44 commission, notice of the rankings shall be posted at the planning
45 department offices and sueh ether pies as + be designated by !he pianning
46 e> .
Page 14 of 28 (File #2012-013-b) NROGO Bank [Staff report for the April 17, 2013 BOCC public hearing[
1 (1) Applicants who receive allocation awards shall be further notified by certified mail,
2 return receipt requested. Upon receipt of notification of an allocation award, the
3 applicant may request issuance of a building permit for the applicable development of
4 the allocated nonresidential floor area.
5 (2) Applicants who fall to receive allocation awards shall be further notified by certified
6 mall, return receipt requested; without further action by such applicants nor the
7 payment of any additional fee, such applications shall remain in the NROGO system
8 for reconsideration at the next allocation in the current or following annual allocation
9 period.
10
11 Identical rankings. If two or more allocation applications = :.,ar elassifiea_
12 receive an identical evaluation ranking and both (or all) cannot be granted allocation
13 awards within the allocation period, the planning commission shall award the allocation
14 to the completed application first submitted, based on the controlling date of the
15 application. If two or more such completed applications were submitted with the same
16 controlling date, the available allocation shall be awarded to the application with the
17 fewest number of negative points.
18
19 (e) Allocation by -way of the NROGO bank. Concerning applications submitted _pursuant to
20 section 138-52(1), if nonresidential floor area is available in a NROGO subarea account
21 within the NROGO bank, upon receipt of completed application, the planning director
22 shall evaluate the application pursuant to the evaluation criteria set forth in section _138
23 55.
24 (11 Public hearin . The planning director shall schedule and notice the application for
25 review and decision by the planning commission at a public hearing. Allocations by
26 way of the NROGO bank shall only be awarded four times per NROGO year, on the
27 same public hearing dates in which annual NROGO allocations are awarded per
28 section 138-53(b).
29
30 (2) NROGO subarea accounts. Beginning July 13, 2013, the NROGO bank shall consist
31 of three accounts. Each account shall represent a ROGO subarea: 1) Upper Kew)
32 Lower Keys and 3 Big Pine Key and No Name Ka. The boundaries of the ROGO
33 subareas are defined in section -I 38-20(c)An applicant may only request
34 nonresidential floor area from the account associated with the ROGO subarea in
35 which the sub3ect=prosaerty is located. As of July 13, 2013,pursuant to section 138-
36 5 Ij a the distribution of the annual NROGO allocation shall be distributed to each of
37 the ROGO subareas based on the number of residential dwelling unit permits made
38 available for each of the ROGO subareas. The unused balance shall roll over into the
39 NROGO bank each year.
40
41 (3) Eligibility per tier desioation. Only applications for developments within Tier III
42 designated areas shall be eligible for allocations by way of the NROGO bank.
43
44 (4) NROGO subarea account reserves. _The Upper Keys and Lower Keys NROGO
45 subarea accounts shall maintain reserves of 20,000 square feet each. The Bis?
46 Pine/No Name Kev subarea account it not required to maintain a reserve.
Page 15 of 28 (File #2012-013-b) NROGO Bank [Staff report for the April 17, 2013 BOCC public hearing]
2 (5) Percentage of allocations to existing businesses. To support the improvement,
3 sustainabilily, and expansion of existing businesses in each NROGO allocation
4 quarter, 50 percent of the balance each NROGO subarea account, after deducting the
5 reserves required per subsection (4), shall be dedicated for expansion of floor area
6 associated with existing businesses. However, an existing business is not limited to
7 this reserve percentage and may request for more than the 50 percent dedicated per
8 this subsection. For the purposes of the NROGO bank, an existin, business is defined
9 as a business or other nonresidential entity that has been in continuous operation for
10 over one 1 year from the date in which the NROGO bank application was submitted
11 on the property in which the NROGO bank application is associated. In order to
12 utilize this reserved 50 ercent the allocation by wa of the NROGO bank must
13 facilitate the improvement and expansion of the existing, business, as analyzed and
14 aoproved by the corresponding building_pennit apata f lip 'cation.
15
16
(6)
Percentage oL allocations to new businesses. In each NROGO allocation quarter, a
17
new _busin_ess may only request up to 50 percent of the balance of an applicable
18
NROGO subarea account.
19
20
(7)
Noncompetitive ap2plications. If the total amount of nonresidential floor area
21
requested in a single application or cumulatively in multiple applications by separate
22
a licants is a pal to or less than the amount available in a NROGO subarea account
23
within the NROGO bank existing or new (excluding reserved floor area , the
24
planning commission may grant the total amount of nonresidential floor area
25
requested in the application(s) to the applicant(s).
26
27
(8)
Competitive applications. If the total amount of nonresidential floor area requested in
28
a sinyle awfcation or cumulatively in multiple applications by separate applicants is
29
greater than that the total amount available in a NROGO subarea account within the
30
NROGO bank existing or new (excluding reserved floor area), the planning director
31
shall submit an evaluation report to the planning commission indicating the
32
evaluation_ rankings. The planninf4 commission shall award available nonresidential
33
floor area in a NROGO subarea account (excluding, reserved floor areal to the
34
a licant with mostoints 1pursuant to section 138-55. If the highest scoring a licant
35
does not request the entire amount available in a NROGO subarea account within the
36
NROGO bank the plqnninv commission shall award the remaining available
37
nonresidential floor area in a NROGO subarea account within the NROGO bank
38(excluding
reserved floor area) to the application with the second highest score and so
39
on until a N?ROGO subarea account within the NROGO bank reaches its balance
40
excluding reserves)
41
42
(9)
Single aMlication requesting more than the balance in a NROGO subarea account.
43
If there are not any competing applications, the ral_annin� commission may grant the
44
total amount of nonresidential floor area available in a NROGO subarea account
45(excluding
reserved floor area to the applicant and require the applicantto acquire
Page 16 of 28 (File #2012-013-b) NROGO Bank 1Staff report for the April 17, 2013 BOCC public hearing]
I the remaininp, nonresidential floor area through the NROGO ermit allocation
2 s sy tem.
3
4 (10) De minimis applications Square footage for de minimis mplications may be
5 deducted from the annual NROGO allocation or the NROGO bank. Nonresidential
6 floor area permitted via de minimis shall be deducted from the NROGO subarea
7 account in which the propeM is located.
9 (11) Testimonv. The public including but not limited to applicants, shall be permitted
10 to testify at the public hearing. Applicants may offer testimony about their
11 applications or other applications, however, in no event may an applicant offer
12 modifications to an application that could change the points awarded or the ranking of
13 the application.
14
15 12 Decision by the plannft commission. At the conclusion of the public hearing,
16 planniM commission may:
17 a. If a licable move to accept the evaluation rankings as submitted by the plannina
18 director;
19 b If gpplicable move to accept the evaluation rankings as may be modified as a
20 result of the public hearing
21 c Move to continue the public hearingtotake additional public testimony
22 d Move to close the public hearing but to defer action on the evaluation ranking. s
23 pending receipt of additional information; and
24 e Move to reject the evaluation rankings.
25
26 Within 60 days of the public hearing, the lannin commission shall render its final
27 decision on an application for an allocation by way of the NROGO bank_ by
28 resolution If an approval, the resolution shall be issued and pass all relevant appeal
29 periods prior to issuance of a building permit requiring the nonresidential floor area
30 awarded by the resolution.
31
32 13 O enin Balances or NROGO subarea accounts. as o NROGO Year 22 Jul 13
33 20131 The opening balances for each NROGO subarea account shall be determined
34 and calculated by the planning -department based on available and _unused annual
35 nonresidential floor area from NROGO Years 10 throw h 21.
36
37
38
39 IV RECOMMENDATION
40
41 Staff has found that the proposed text amendment would be consistent with the Principles for
42 Guiding Development in the Florida Keys Area of Critical State Concern, the Monroe
43 County Comprehensive Plan and the Monroe County Code.
44
45 Further, staff has found that the proposed text amendment would be consistent with one or
46 more of the required provisions of § 102-158(d)(5)(b): 1. Changed projections (e.g., regarding
Page 17 of 28 (File #2012-013-b) NROGO Bank [Staff report for the April 17, 2013 BOCC public hearing]
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10
public service needs) from those on which the text or boundary was based; 2. Changed
assumptions (e.g., regarding demographic trends); 3. Data errors, including errors in
mapping, vegetative types and natural features described in volume I of the plan; 4. New
issues; 5. Recognition of a need for additional detail or comprehensiveness; or 6. Data
updates. Specifically, the proposed text amendments are necessary due to new issues and
recognition of a need for additional detail or comprehensiveness.
Staff recommends that the Board of County Commissioners amend the Monroe County Code
as stated in the text of this staff report.
Page 18 of 28 (File #2012-013-b) NROGO Bank [Staff report for the April 17, 2013 BOCC public hearing]
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EXHIBIT
Draft without Stricken Existing Text (Clean Version)
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.
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.
Page 19 of 28 (File #2012-013-b) NROGO Bank [Staff report for the April 17, 2013 BOCC public hearing]
I Nonresidential floor area means the sum of the total floor area for a nonresidential
2 building or structure, as defined in section 101-1. Additionally, covered and unenclosed
3 boat racks with three or fewer sides not associated with retail sales of boats are not
4 considered nonresidential floor area. Further, the term "nonresidential floor area" does
5 not include space occupied by residential uses, including spaces occupied by a transient
6 residential unit and an institutional -residential use as defined in section 101-1.
7
8 Nonresidential ROGO allocation, also referred to as NROGO allocation, means the
9 maximum amount of nonresidential floor area which may be allocated in a given time
10 period.
11
12 Nonresidential ROGO allocation award, also referred to as NROGO allocation award,
13 means the approval of a nonresidential ROGO application prior to the application and
14 subsequent issuance of a building permit to authorize construction of new nonresidential
15 floor area.
16
17 Nonresidential ROGO bank, also referred to as NROGO bank, means the cumulative
18 total of a) NROGO allocations that were not awarded and thereby not allocated due to a
19 lack of demand, b) nonresidential floor area not made available for the annual NROGO
20 allocation by the board of county commissioners; and c) allocated nonresidential floor
21 area reclaimed due to the abandonment or expiration of approved development that
22 received a NROGO allocation award.
23
24 Quarterly nonresidential ROGO allocation period means any one of the four periods
25 within an annual allocation period.
26
27 Quarterly nonresidential ROGO allocation means the maximum number of amount of
28 nonresidential floor area square footage which may be allocated in a quarterly allocation
29 period.
30
31 Site means the parcels of land required to be aggregated to be developed or from which
32 existing nonresidential floor area is to be transferred or received.
33
34 Storage area means the outside storage of vehicles, recreational vehicles, boats, campers,
35 equipment, goods and materials for more than 24 hours. The term "storage area" includes
36 a contractor's equipment storage, but does not include outdoor retail sales, which is
37 defined in section 101-1. This is considered a light industrial use and does not include
38 waste transfer stations, junkyards, or other heavy industrial uses.
39
40 (b) Purpose and intent. The purposes and intent of the nonresidential rate of growth
41 ordinance (NROGO) are:
42 (1) To facilitate implementation of goals, objectives and policies set forth in the
43 comprehensive plan relating to maintaining a balance between residential and
44 nonresidential growth.
Page 20 of 28 (File #2012-013-b) NROGO Bank ]Staff report for the April 17, 2013 BOCC public hearing]
1 (2) To maintain a ratio of approximately 239 square feet of nonresidential floor area for
2 each new residential dwelling unit permit issued through the residential rate of growth
3 ordinance (ROGO) by ROGO subarea.
4 (3) To promote the upgrading and expansion of existing small -size businesses and to
5 retain the predominately small scale character of nonresidential development in the
6 Florida Keys.
7 (4) To regulate the rate and location of nonresidential development in order to eliminate
8 potential land use conflicts.
9 (5) To allocate the nonresidential floor area annually hereunder, based on the goals,
10 objectives and policies of the comprehensive plan and the community master plans.
11
12
13
14 Sec.138-52. - Application procedures for NROGO.
15
16 (a) Application for allocation by way of the NROGO allocation system. The planning and
17 environmental resources department shall accept applications to enter the NROGO
18 system. The NROGO application must be accompanied by an approved building permit
19 application in order to be considered. The planning director, or his or her designee, shall
20 review the NROGO application for completeness. If the application is determined to be
21 incomplete, the planning director, or his or her designee, shall reject the NROGO
22 application and notify the applicant of such rejection, and the reasons therefor, within ten
23 working days. If determined to be complete, the application shall be assigned a
24 controlling date. The NROGO application shall be submitted in a form provided by the
25 planning and environmental resources department and meet the following requirements:
26 (1) The application shall include a) the name and address of the property owner(s) of
27 record, b) the property record card(s) from the Monroe County Property Appraiser, c)
28 a written legal description of the property proposed for development, d) a boundary
29 survey of the property proposed for development, prepared by a surveyor registered
30 in the State of Florida, showing the boundaries of the site, elevations, bodies of water
31 and wetlands on the site and adjacent to the site, existing structures including all
32 impervious areas, existing easements, total acreage and total acreage by habitat and e)
33 a site plan. The boundary survey and site plan may be filed with the corresponding
34 building permit application. Additional copies of the boundary survey and site plan
35 are not required to be filed with the NROGO application.
36 (2) If a conditional use permit is required in accordance with this Land Development
37 Code for the development applied for, the conditional use permit shall be obtained
38 and effective prior to submittal of any NROGO application. A copy of the recorded
39 development order shall be submitted with the NROGO application.
40 (3) The site plan shall be prepared and sealed by a professional architect, engineer, or any
41 other professional licensed to prepare a site plan. The site plan shall be drawn to a
42 scale of one inch equals ten feet or one inch equals twenty feet. At a minimum, the
43 site plan shall depict the following features and information:
44 a. Date, north point and graphic scale;
45 b. Boundary lines of site, including all property lines and mean high-water lines
46 shown in accordance with Florida Statutes;
Page 21 of 28 (File #2012-013-b) NROGO Bank [Staff report for the April 17, 2013 BOCC public hearingl
I c. All attributes from the boundary survey;
2 d. Future Land Use Map (FLUM) designation(s) of the site;
3 e. Land Use (Zoning) District designation(s) of site;
4 f. Tier designation(s) of the site;
5 g. Flood zones pursuant to the Flood Insurance Rate Map;
6 h. Setback lines as required by this Land Development Code;
7 i. Locations and dimensions of all existing and proposed structures, including all
8 paved areas and clear site triangles;
9 j. Size and type of buffer yards and parking lot landscaping areas, including the
10 species and number of plants;
11 k. Extent and area of wetlands, open space preservation areas and conservation
12 easements;
13 1. Delineation of habitat types to demonstrate buildable area on the site, including
14 any heritage trees identified and any potential species that may use the site
15 (certified by an approved biologist and based on the most current professionally-
16 recognized mapping by the U.S. Fish and Wildlife Service);
17 in. Drainage plan including existing and proposed topography, all drainage
18 structures, retention areas, drainage swales and existing and proposed permeable
19 and impermeable areas;
20 n. Location of fire hydrants or fire wells;
21 o. The location of public utilities, including location of the closest available water
22 supply system or collection lines and the closest available wastewater collection
23 system or collection lines (with wastewater system provider) or on -site system
24 proposed to meet required County and State of Florida wastewater treatment
25 standards; and
26 p. A table providing the total land area of the site, the total buildable area of the site,
27 the type and square footage of all nonresidential land uses, the type and number of
28 all residential dwelling units, the amounts of impervious and pervious areas, and
29 calculations for land use intensity, open space ratio, and off-street parking.
30
31 (b) Fee for review of application. Each NROGO application shall be accompanied by a
32 nonrefundable processing fee established by resolution of the board of county
33 commissioners. Additional fees are not required for successive review of the same
34 NROGO application unless the application is withdrawn and resubmitted.
35
36 (c) Compliance with other requirements. The NROGO application shall not constitute an
37 indication of whether or not the applicant for the nonresidential floor area allocation has
38 satisfied and complied with all county, state, and federal requirements otherwise imposed
39 by the county regarding conditions precedent to issuance of a building permit.
40
41 (d) Time of review. The planning director may retain the allocation application and its
42 associated building permit application for review pursuant to the evaluation procedures
43 and criteria set forth in section 138-53 and section 138-55.
44
45 (e) Non -county time periods. The county shall develop necessary administrative procedures
46 and, if necessary, enter into agreements with other jurisdictional entities which impose
Page 22 of 28 (File #2012-013-b) NROGO Bank [Staff report for the April 17, 2013 BOCC public hearing]
1 requirements as a condition precedent to development in the county, to ensure that such
2 non -county approvals, certifications and/or permits are not lost due to the increased time
3 requirements necessary for the county to process and evaluate NROGO applications and
4 issue allocation awards. The county may permit evidence of compliance with the
5 requirements of other jurisdictional entities to be demonstrated by coordination letters in
6 lieu of approvals or permits.
7
8 (f) Limitation on number of applications.
9 (1) An individual entity or organization may have only one active NROGO application
10 per site in the allocation period.
11 (2) There shall be no limit on the number of separate projects for which NROGO
12 applications may be submitted by an individual, entity or organization.
13
14 (g) Expiration of allocation award. An allocation award shall expire when its corresponding
15 building permit is deemed to expire pursuant to chapter 102, article VII, after 60 days of
16 mailing of notification for the award of the allocation of nonresidential floor area or after
17 failure of the applicant to submit required plan revisions by the required date set forth in
18 subsection (k).
19
20 (h) Withdrawal of NROGO application. An applicant may elect to withdraw a NROGO
21 application without prejudice at any time up to finalization of the evaluation rankings by
22 the planning commission. Revision and resubmission of the withdrawn application must
23 be in accordance with subsection (i) of this section.
24
25 (i) Revisions to applications and awards.
26 (1) Upon submission of a NROGO application, an applicant may revise the application if
27 it is withdrawn and resubmitted prior to the allocation date for the allocation period in
28 which the applicant wishes to compete. Resubmitted applications shall be considered
29 new, requiring payment of appropriate fees and receiving a new controlling date.
30 (2) After receipt of an allocation award, and either before or after receipt of a building
31 permit being obtained, but prior to receipt of a certificate of occupancy or final
32 inspection, no revisions shall be made to any aspect of the proposed nonresidential
33 development which formed the basis for the evaluation review, determination of
34 points and allocation rankings, unless such revision would have the effect of
35 increasing the points awarded.
36 (3) After the receipt of an allocation award, a building permit and a certificate of
37 occupancy or final inspection, no revision shall be made to any aspect of the
38 completed nonresidential development which formed the basis for the evaluation,
39 review, determination of points and allocation rankings, unless such revisions are
40 accomplished pursuant to a new building permit and unless such revisions would
41 have the net effect of either maintaining or increasing the number of points originally
42 awarded.
43
44 0) Clarification of application data.
45 (1) At any time during the NROGO allocation review and approval process, the applicant
46 may be requested by the planning director or the planning commission, to submit
Page 23 of 28 (File #2012-013-b) NROGO Bank lStaff report for the April 17, 2013 BOCC public hearingl
1 additional information to clarify the relationship of the allocation application, or any
2 elements thereof, to the evaluation criteria. If such a request is made, the planning
3 director shall identify the specific evaluation criterion at issue and the specific
4 information needed and shall communicate such request to the applicant.
5 (2) Upon receiving a request from the planning director for such additional information,
6 the applicant may provide such information; or the applicant may decline to provide
7 such information and allow the allocation application to be evaluated as submitted.
8
9 (k) Revisions of building permit applications requiring the NROGO allocation(s). A building
10 permit application for a proposed nonresidential floor area requiring a NROGO allocation
11 must be approved prior to submitting a NROGO application. In the event that the Florida
12 Building Code is amended between the date in which a NROGO application is submitted
13 and the date in which a building permit requiring the NROGO allocation(s) applied for is
14 issued (which follows the date in which the required allocation(s) is awarded), if
15 necessary, the applicant shall submit plan revisions to the building permit application
16 demonstrating full compliance with the current Florida Building Code in effect. These
17 plan revisions shall be submitted within 180 days of the NROGO allocation award date or
18 the applicant shall forfeit the NROGO allocation award. Following receipt of the plan
19 revisions, the building department shall review the revisions as if the application is new
20 (however retaining the same building permit number for administrative purposes), based
21 on the building code, for compliance prior to issuance of the building permit requiring the
22 NROGO allocation(s) by the building official. Such mandatory revisions and review are
23 limited to the modifications necessary to demonstrate compliance with the Florida
24 Building Code in effect at the time of building permit issuance. This is not applicable to
25 the Land Development Code.
26
27 (1) Application for allocation by way of the NROGO bank. The planning and environmental
28 resources department (department) shall maintain a record of NROGO allocations that
29 were not awarded in NROGO allocation periods. This shall be known as the NROGO
30 bank. As of July 12, 2012 (NROGO Year 20), the NROGO bank for each ROGO subarea
31 was as follows:
32
Big Pine Key and No Name Key ROGO
subarea
4,339 square feet
Upper Keys & Lower Keys ROGO subareas
389,991 square feet
33
34 Commencing NROGO Year 22 (July 13, 2013 through July 12, 2014), the NROGO bank
35 shall be divided into three ROGO subareas: 1) Upper Keys, 2) Lower Keys and 3) Big
36 Pine/No Name Keys. The NROGO bank shall be maintained by an account per each
37 ROGO subarea annually. Upon availability of nonresidential floor area in a given ROGO
38 subarea account within the NROGO bank, the department shall accept applications for
39 applicants requesting the banked nonresidential floor area. The NROGO application must
40 be accompanied by an approved building permit application in order to be considered.
41 The planning director, or his or her designee, shall review the application for
42 completeness. If the application is determined to be incomplete, the planning director
Page 24 of 28 (File #2012-013-b) NROGO Bank ]Staff report for the April 17, 2013 BOCC public hearing]
I shall reject the application and notify the applicant of such rejection, and the reasons
2 therefor, within 30 days. The application shall be submitted in a form provided by the
3 department and meet the same requirements for a standard NROGO application as set
4 forth in subsection (a). Each application shall be accompanied by a nonrefundable
5 processing fee as established by resolution of the board of county commissioners.
6
8
9 Sec.138-53. Evaluation procedures for nonresidential floor area allocation.
10
11 (a) Initial evaluation of allocation applications. Upon receipt of completed NROGO
12 allocation applications, the planning director or his or her designee shall evaluate the
13 allocation applications pursuant to the evaluation criteria set forth in section 138-55.
14 (1) Within 30 days of an allocation date, unless otherwise extended by the planning
15 commission, the planning director shall:
16 a. Complete the evaluation of all allocation applications submitted during the
17 relevant allocation period;
18 b. Total the amount of square footage for which allocation applications have been
19 received for each ROGO subarea (Upper Keys; Lower Keys; and Big Pine
20 Key/No Name Key); and
21 c. Rank the allocation applications, in descending order from the highest evaluation
22 point total to the lowest for each ROGO subarea.
23
24 (b) Public hearings and allocation awards. Upon completion of the evaluation ranking report
25 and/or recommendation, the planning director shall schedule and notice a public hearing
26 by the planning commission pursuant to otherwise applicable regulations.
27 (1) At or prior to the public hearing, the planning commission may request, and the
28 planning director shall supply, copies of the allocation applications and the evaluation
29 worksheets.
30 (2) Upon review of the allocation applications and evaluation worksheets, the planning
31 commission may adjust the points awarded for meeting a particular criterion, adjust
32 the rankings as a result of changes in points awarded, or make such other changes as
33 may be appropriate and justified.
34 (3) The basis for planning commission changes shall be specified in the form of a motion
35 to adopt the allocation rankings and may include the following:
36 a. A mistake in the application of one or more of the evaluation criteria; and
37 b. A misinterpretation of the applicability of an evaluation criterion.
38 (4) The public, including, but not limited to, applicants for allocation awards, shall be
39 permitted to testify at the public hearing. Applicants may offer testimony about their
40 applications or other applications; however, in no event may an applicant offer
41 modifications to an application that could change the points awarded or the ranking of
42 the application.
43 (5) At the conclusion of the public hearing, the planning commission may:
44 a. Move to accept the evaluation rankings as submitted by the planning director;
45 b. Move to accept the evaluation rankings as may be modified as a result of the
46 public hearing;
Page 25 of 28 (File #2012-013-b) NROGO Bank [Staff report for the April 17, 2013 BOCC public hearing]
1 c. Move to continue the public hearing to take additional public testimony;
2 d. Move to close the public hearing but to defer action on the evaluation rankings
3 pending receipt of additional information; and
4 e. Move to reject the evaluation rankings.
5 (6) The planning commission shall finalize the evaluation rankings within 60 days
6 following initial receipt of the planning director evaluation ranking, report and
7 recommendation.
8
9 (c) Notification to applicants. Upon finalization of the evaluation rankings by the planning
10 commission, notice of the rankings shall be posted at the planning department offices.
11 (1) Applicants who receive allocation awards shall be further notified by certified mail,
12 return receipt requested. Upon receipt of notification of an allocation award, the
13 applicant may request issuance of a building permit for the applicable development of
14 the allocated nonresidential floor area.
15 (2) Applicants who fail to receive allocation awards shall be further notified by certified
16 mail, return receipt requested; without further action by such applicants nor the
17 payment of any additional fee, such applications shall remain in the NROGO system
18 for reconsideration at the next allocation in the current or following annual allocation
19 period.
20
21 (d) Identical rankings. If two or more allocation applications receive an identical evaluation
22 ranking and both (or all) cannot be granted allocation awards within the allocation period,
23 the planning commission shall award the allocation to the completed application first
24 submitted, based on the controlling date of the application. If two or more such
25 completed applications were submitted with the same controlling date, the available
26 allocation shall be awarded to the application with the fewest number of negative points.
27
28 (e)Allocation by way of the NROGO bank. Concerning applications submitted pursuant to
29 section 138-52(1), if nonresidential floor area is available in a NROGO subarea account
30 within the NROGO bank, upon receipt of completed application, the planning director
31 shall evaluate the application pursuant to the evaluation criteria set forth in section 138-
32 55.
33 (1) Public hearing. The planning director shall schedule and notice the application for
34 review and decision by the planning commission at a public hearing. Allocations by
35 way of the NROGO bank shall only be awarded four times per NROGO year, on the
36 same public hearing dates in which annual NROGO allocations are awarded per
37 section 138-53(b).
38
39 (2) NROGO subarea accounts. Beginning July 13, 2013, the NROGO bank shall consist
40 of three accounts. Each account shall represent a ROGO subarea: 1) Upper Keys, 2)
41 Lower Keys and 3) Big Pine Key and No Name Key. The boundaries of the ROGO
42 subareas are defined in section 138-20(c). An applicant may only request
43 nonresidential floor area from the account associated with the ROGO subarea in
44 which the subject property is located. As of July 13, 2013, pursuant to section 138-
45 51(a), the distribution of the annual NROGO allocation shall be distributed to each of
46 the ROGO subareas based on the number of residential dwelling unit permits made
Page 26 of 28 (File #2012-013-b) NROGO Bank (Staff report for the April 17, 2013 BOCC public hearing]
I available for each of the ROGO subareas. The unused balance shall roll over into the
2 NROGO bank each year.
3
4 (3) Eligibility per tier designation. Only applications for developments within Tier III
5 designated areas shall be eligible for allocation by way of the NROGO bank.
6
7 (4) NROGO subarea account reserves. The Upper Keys and Lower Keys NROGO
8 subarea accounts shall maintain reserves of 20,000 square feet each. The Big
9 Pine/No Name Key subarea account it not required to maintain a reserve.
10
11 (5) Percentage of allocations to existing businesses. To support the improvement,
12 sustainability, and expansion of existing businesses, in each NROGO allocation
13 quarter, 50 percent of the balance each NROGO subarea account, after deducting the
14 reserves required per subsection (4), shall be dedicated for expansion of floor area
15 associated with existing businesses. However, an existing business is not limited to
16 this reserve percentage and may request for more than the 50 percent dedicated per
17 this subsection. For the purposes of the NROGO bank, an existing business is defined
18 as a business or other nonresidential entity that has been in continuous operation for
19 over one (1) year from the date in which the NROGO bank application was submitted
20 on the property in which the NROGO bank application is associated. In order to
21 utilize this reserved 50 percent, the allocation, by way of the NROGO bank, must
22 facilitate the improvement and expansion of the existing business, as analyzed and
23 approved by the corresponding building permit application.
24
25 (6) Percentage of allocations to new businesses. In each NROGO allocation quarter, a
26 new business may only request up to 50 percent of the balance of an applicable
27 NROGO subarea account.
28
29 (7) Noncompetitive applications. If the total amount of nonresidential floor area
30 requested in a single application or cumulatively in multiple applications by separate
31 applicants is equal to or less than the amount available in a NROGO subarea account
32 within the NROGO bank existing or new (excluding reserved floor area), the
33 planning commission may grant the total amount of nonresidential floor area
34 requested in the application(s) to the applicant(s).
35
36 (8) Competitive applications. If the total amount of nonresidential floor area requested in
37 a single application or cumulatively in multiple applications by separate applicants is
38 greater than that the total amount available in a NROGO subarea account within the
39 NROGO bank existing or new (excluding reserved floor area), the planning director
40 shall submit an evaluation report to the planning commission indicating the
41 evaluation rankings. The planning commission shall award available nonresidential
42 floor area in a NROGO subarea account (excluding reserved floor area) to the
43 applicant with most points pursuant to section 138-55. If the highest scoring applicant
44 does not request the entire amount available in a NROGO subarea account within the
45 NROGO bank, the planning commission shall award the remaining available
46 nonresidential floor area in a NROGO subarea account within the NROGO bank
Page 27 of 28 (File #2012-013-b) NROGO Bank [Staff report for the April 17, 2013 BOCC public hearing]
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(excluding reserved floor area) to the application with the second highest score and so
on until a NROGO subarea account within the NROGO bank reaches its balance
(excluding reserves)
(9) Single application requesting more than the balance in a NROGO subarea account.
If there are not any competing applications, the planning commission may grant the
total amount of nonresidential floor area available in a NROGO subarea account
(excluding reserved floor area) to the applicant and require the applicant to acquire
the remaining nonresidential floor area through the NROGO permit allocation
system.
(10) De minimis applications. Square footage for de minimis applications may be
deducted from the annual NROGO allocation or the NROGO bank. Nonresidential
floor area permitted via de minimis shall be deducted from the NROGO subarea
account in which the property is located.
(11) Testimony. The public, including but not limited to applicants, shall be permitted
to testify at the public hearing. Applicants may offer testimony about their
applications or other applications; however, in no event may an applicant offer
modifications to an application that could change the points awarded or the ranking of
the application.
(12) Decision by the planning commission. At the conclusion of the public hearing, the
planning commission may:
a. If applicable, move to accept the evaluation rankings as submitted by the planning
director;
b. If applicable, move to accept the evaluation rankings as may be modified as a
result of the public hearing;
c. Move to continue the public hearing to take additional public testimony;
d. Move to close the public hearing but to defer action on the evaluation rankings
pending receipt of additional information; and
e. Move to reject the evaluation rankings.
Within 60 days of the public hearing, the planning commission shall render its final
decision on an application for an allocation by way of the NROGO bank by
resolution. If an approval, the resolution shall be issued and pass all relevant appeal
periods prior to issuance of a building permit requiring the nonresidential floor area
awarded by the resolution.
(13) Opening Balances for NROGO subarea accounts. as of NROGO Year 22 (July 13,
2013). The opening balances for each NROGO subarea account shall be determined
and calculated by the planning department based on available and unused annual
nonresidential floor area from NROGO Years 10 through 21.
Page 28 of 28 (File 112012-013-b) NROGO Bank ]Staff report for the April 17, 2013 BOCC public hearing]
Y
MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. - 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 138-52, APPLICATION
PROCEDURES FOR NROGO; SECTION 138-53, EVALUATION
PROCEDURES FOR NONRESIDENTIAL FLOOR AREA
ALLOCATIONS; ESTABLISHING NEW DEFINITIONS;
ESTABLISHING A MECHANISM TO ALLOCATE
NONRESIDENTIAL FLOOR AREA UNALLOCATED IN
PREVIOUS YEARS; 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. 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. As of July 12, 2012, for
the Upper/Lower Keys areas (excluding Big Pine/No Name Keys), 389,991 square feet (and
growing) had not been utilized for development. In addition, as of July 12, 2012, 4,339 square
feet of the square footage had 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; and
WHEREAS, this amendment establishes an application process for the NROGO bank, a
codified mechanism to allocate nonresidential floor area that went unallocated in previous years;
and
WHEREAS, in order to have proportional nonresidential growth, as part of a concurrent text
amendment, the Land Development Code is being amended so that the annual NROGO
allocation is proportionately divided into the three ROGO subareas (Upper Keys, Lower Keys
and Big Pine/No Name Keys). Currently, the annual allocation is divided between the two
Page 1 of 14
Upper/Lower Keys subareas and the Big Pine/No Name Keys subarea as required by the Big
Pine and No Name Keys CommuniKeys Plan. As such, the NROGO bank shall be distributed
proportionately; and
WHEREAS, for the opening balances of the Upper and Lower Keys ROGO subarea accounts
(as of the beginning date of NROGO Year 22- July 13, 2013), 50% of the banked amount shall
be distributed to the Upper Keys and the remaining 50% of the banked amount shall be
distributed to Lower Keys; and
WHEREAS, in each the Upper and Lower Keys ROGO subarea account, there shall be a reserve
balance of 20,000 square feet; and
WHEREAS, based upon the information and documentation submitted, the Commission 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;
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 (deletions
are stii4ken thfettg4 and additions are underlined. Highlighted text is being changed as part of a
concurrent text amendment):
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.
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.
Page 2 of 14
Annual nonresidential ROGO allocation, also referred to as an annual NROGO
allocation, means the maximum floor area that fef whieh bttilding Pefffl may be isstfe
allocated during an annual allocation period.
Buildable lot or parcel, for the purposes of this ehaptearticle, 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.
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III` W
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 gfess total floor area for a nonresidential
building or structure, as defined in section 101-1, any aFea oa dhe f oa
,
> pafking,
eensidewd r osid-p- ;.,' ���r o . Additionally, bed covered and unenclosed
boat racks with three or fewer sides not associated with retail sales of boats whieh do ne4
are not considered
nonresidential floor area. Further, the 44+e term "nonresidential floor area' does not
include space occupied by tf:a- sient .esi rfia a-n ;rs fiat ena residential pi4iieipal uses,
Page 3 of 14
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 few -which btti ding pei may be issue
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
subsequent issuance of a building permit to authorize construction of new nonresidential
floor area.
Nonresidential ROGO bank, also referred to as NROGO bank, means the cumulative
total of a) NROGO allocations that were not awarded and thereby not allocated due to a
lack of demand, b) nonresidential floor area not made available for the annual NROGO
allocation by the board of county commissioners, and c) allocated nonresidential floor
area reclaimed due to the abandonment or expiration of approved development that
received a NROGO allocation award.
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, yaf& or other heavy industrial uses.
(b) Purpose and intent. The purposes and intent of the nonresidential rate of growth
ordinance :` OGO 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 permit issued through the residential rate of growth ordinance
(ROGO) by ROGO subarea.
Page 4 of 14
(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 138-52 of the Monroe County Code shall be amended as follows (deletions
are s*riC'ke„ *4FA-and additions are underlined):
Sec. 138-52. - Application procedures for NROGO.
(a) Application for allocation by way of the NROGO allocation system. The planning and
environmental resources department shall accept applications to enter the NROGO
system. The NROGO application must be accompanied by an approved building permit
application in order to be considered . q4+e
. The planning director, or his or her
designee, shall review the NROGO application for completeness. If the application is
determined to be incomplete, the planning director, or his or her designee, shall reject the
NROGO application and notify the applicant of such rejection, and the reasons therefor,
within ten working days. If determined to be complete, the application shall be assigned a
controlling date. The NROGO application shall be submitted in a form provided by the
planning and environmental resources department and meet the following requirements:
(1) The application shall include a) the name and address of the property owner(s) of
record, b) the property record card(s) from the Monroe County Property Appraiser, c)
a written legal description of the property proposed for development, d) a boundary
survey of the property proposed for development, prepared by a surveyor registered
in the State of Florida, showing the boundaries of the site, elevations, bodies of water
and wetlands on the site and adjacent to the site, existing structures including all
impervious areas, existing easements, total acreage and total acreage by habitat and e)
a site plan. The boundary survey and site plan may be filed with the corresponding
building permit application. Additional copies of the boundary survey and site plan
are not required to be filed with the NROGO application.
(2) If a conditional use permit is required in accordance with this Land Development
Code for the development applied for, the conditional use permit shall be obtained
and effective prior to submittal of any NROGO application. A copy of the recorded
development order shall be submitted with the NROGO application.
(3) The site plan shall be prepared and sealed by a professional architect, engineer, or any
other professional licensed to prepare a site plan. The site plan shall be drawn to a
scale of one inch equals ten feet or one inch equals twenty feet. At a minimum, the
site plan shall depict the following features and information:
a. Date, north point and graphic scale;
Page 5 of 14
b. Boundary lines of site, including all property lines and mean high-water lines
shown in accordance with Florida Statutes;
c. All attributes from the boundary survey;
d. Future Land Use Map (FLUM) designation(s) of the site;
e. Land Use (Zoning) District designation(s) of site;
f. Tier designation(s) of the site;
g. Flood zones pursuant to the Flood Insurance Rate Map;
h. Setback lines as required by this Land Development Code;
i. Locations and dimensions of all existing and proposed structures, including all
paved areas and clear site triangles;
j. Size and type of buffer yards and parking lot landscaping areas, including the
species and number of plants;
k. Extent and area of wetlands, open space preservation areas and conservation
easements;
1. Delineation of habitat types to demonstrate buildable area on the site, including
any heritage trees identified and any potential species that may use the site
(certified by an approved biologist and based on the most current professionally -
recognized mapping by the U.S. Fish and Wildlife Service);
m. Drainage plan including existing and proposed topography, all drainage
structures, retention areas, drainage swales and existing and proposed permeable
and impermeable areas;
n. Location of fire hydrants or fire wells;
o. The location of public utilities, including location of the closest available water
supply system or collection lines and the closest available wastewater collection
system or collection lines (with wastewater system provider) or on -site system
proposed to meet required County and State of Florida wastewater treatment
standards; and
p. A table providing the total land area of the site, the total buildable area of the site,
the type and square footage of all nonresidential land uses, the type and number of
all residential dwelling units, the amounts of impervious and pervious areas, and
calculations for land use intensity, open space ratio, and off-street parking.
(b) Fee for review of application. Each NROGO application shall be accompanied by a
nonrefundable processing fee established by resolution of the board of county
commissioners. Additional fees are not required for successive review of the same
NROGO application unless the application is withdrawn and resubmitted.
(c) Compliance with other requirements. The NROGO application shall not constitute an
indication of whether or not the applicant for the nonresidential floor area allocation has
satisfied and complied with all county, state, and federal requirements otherwise imposed
by the county regarding conditions precedent to issuance of a building permit.
(d) Time of review. The planning director may retain the allocation application and its
associated building permit application for review pursuant to the evaluation procedures
and criteria set forth in section 138-53 and section 138-55.
Page 6 of 14
(e) Non -county time periods. The county shall develop necessary administrative procedures
and, if necessary, enter into agreements with other jurisdictional entities which impose
requirements as a condition precedent to development in the county, to ensure that such
non -county approvals, certifications and/or permits are not lost due to the increased time
requirements necessary for the county to process and evaluate NROGO applications and
issue allocation awards. The county may permit evidence of compliance with the
requirements of other jurisdictional entities to be demonstrated by coordination letters in
lieu of approvals or permits.
(f) Limitation on number of applications.
(1) An individual entity or organization may have only one active NROGO application
per site in the allocation period.
(2) There shall be no limit on the number of separate projects for which NROGO
applications may be submitted by an individual, entity or organization.
(g) Expiration of allocation award. An allocation award shall expire when its corresponding
building permit is deemed to expire pursuant to chapter 102, article VII, after 60 days of
mailing of notification for the award of the allocation of nonresidential floor area or after
failure of the applicant to submit required plan revisions by the required date set forth in
subsection (k).
(h) Withdrawal of NROGO application. An applicant may elect to withdraw a NROGO
application without prejudice at any time up to finalization of the evaluation rankings by
the planning commission. Revision and resubmission of the withdrawn application must
be in accordance with subsection (i) of this section.
(i) Revisions to applications and awards.
(1) Upon submission of a NROGO application, an applicant may revise the application if
it is withdrawn and resubmitted prior to the allocation date for the allocation period in
which the applicant wishes to compete. Resubmitted applications shall be considered
new, requiring payment of appropriate fees and receiving a new controlling date.
(2) After receipt of an allocation award, and either before or after receipt of a building
permit being obtained, but prior to receipt of a certificate of occupancy or final
inspection, no revisions shall be made to any aspect of the proposed nonresidential
development which formed the basis for the evaluation review, determination of
points and allocation rankings, unless such revision would have the effect of
increasing the points awarded.
(3) After the receipt of an allocation award, a building permit and a certificate of
occupancy or final inspection, no revision shall be made to any aspect of the
completed nonresidential development which formed the basis for the evaluation,
review, determination of points and allocation rankings, unless such revisions are
accomplished pursuant to a new building permit and unless such revisions would
have the net effect of either maintaining or increasing the number of points originally
awarded.
0) Clarification of application data.
Page 7 of 14
(1) At any time during the NROGO allocation review and approval process, the applicant
may be requested by the planning director or the planning commission, to submit
additional information to clarify the relationship of the allocation application, or any
elements thereof, to the evaluation criteria. If such a request is made, the planning
director shall identify the specific evaluation criterion at issue and the specific
information needed and shall communicate such request to the applicant.
(2) Upon receiving a request from the planning director for such additional information,
the applicant may provide such information; or the applicant may decline to provide
such information and allow the allocation application to be evaluated as submitted.
(k) Revisions of building permit applications requiring the NROGO allocation(s). A building
permit application for a proposed nonresidential floor area requiring a NROGO allocation
must be approved prior to submitting a NROGO application. In the event that the Florida
Building Code is amended between the date in which a NROGO application is submitted
and the date in which a building permit requiring the NROGO allocation(s) applied for is
issued (which follows the date in which the required allocation(s) is awarded), if
necessary, the applicant shall submit plan revisions to the building permit application
demonstrating full compliance with the current Florida Building Code in effect. These
plan revisions shall be submitted within 180 days of the NROGO allocation award date or
the applicant shall forfeit the NROGO allocation award. Following receipt of the plan
revisions, the building department shall review the revisions as if the application is new
(however retaining the same building permit number for administrative purposes), based
on the building code, for compliance prior to issuance of the building permit requiring the
NROGO allocation(s) by the building official. Such mandatory revisions and review are
limited to the modifications necessary to demonstrate compliance with the Florida
Building Code in effect at the time of building permit issuance. This is not applicable to
the Land Development Code.
(1) Application for allocation by way of the NROGO bank. The planning and environmental
resources department (department) shall maintain a record of NROGO allocations that
were not awarded in NROGO allocation periods. This shall be known as the NROGO
bank. As of July 12, 2012 (NROGO Year 20), the NROGO bank for each ROGO subarea
was as follows:
Big Pine Key and No Name Key ROGO
4,339 square feet
subarea
Upper Keys & Lower Keys ROGO subareas
389,991 square feet
Commenciniz NROGO Year 22 (July 13. 2013 through Julv 12. 2014)_ the NROGO bank
shall be divided into three ROGO subareas: 1) Upper Keys, Lower Keys and 3) Big
Pine/No Name Keys. The NROGO bank shall be maintained by an account per each
ROGO subarea annually. Upon availability of nonresidential floor area in a given ROGO
subarea account within the NROGO bank, the department shall accept applications for
applicants requesting the banked nonresidential floor area. The NROGO application must
be accompanied by an approved building_ permit application in order to be considered.
Page 8 of 14
The planning director, or his or her designee, shall review the application for
completeness. If the application is determined to be incomplete, the planning director
shall reject the application and notify the applicant of such rejection, and the reasons
therefor, within 30 days. The application shall be submitted in a form provided by the
department and meet the same requirements for a standard NROGO application as set
forth in subsection (a). Each application shall be accompanied by a nonrefundable
processing fee as established by resolution of the board of county commissioners.
Section 3. Section 138-53 of the Monroe County Code shall be amended as follows (deletions
are s#H-4e',o„ *h,.,,and additions are underlined):
Sec. 138-53. Evaluation procedures for nonresidential floor area allocation.
.s*s�.. .
Y.
i
La){4) Initial evaluation of allocation applications. Upon receipt of completed NROGO
allocation applications, the a;,.00f planning director or his or her designee shall
evaluate the allocation applications pursuant to the evaluation criteria set forth in section
138-55.
(1) Within 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;
b. Total the amount of square footage for which allocation applications have been
received for
Mute ,.,,tmt-, each ROGO subarea (Upper Keys; Lower Keys, and Big
Pine Key/No Name Key); and
c. Rank the fleef afe allocation applications, in descending order from the highest
evaluation point total to the lowest for each size elas:nfieation f ,- Big Pine and No
,.Tame Key and too Fe raor ft4e tmineet=petuted „*., ROGO subarea.
Page 9 of 14
&(0 Public hearings and allocation awards. Upon completion of the evaluation ranking
report and/or recommendation, the ref planning director shall schedule and notice
a public hearing by the planning commission pursuant to otherwise applicable
regulations.
(1) At or prior to the public hearing, the planning commission may request, and the
Lei planning director shall supply, copies of the allocation applications and the
evaluation worksheets.
(2) Upon review of the allocation applications and evaluation worksheets, the planning
commission may adjust the points awarded for meeting a particular efitefi criterion,
adjust the rankings as a result of changes in points awarded, or make such other
changes as may be appropriate and justified.
(3) The basis for planning commission changes shall be specified in the form of a motion
to adopt the allocation rankings and may include the following:
• o
Via. A mistake in the application of one or more of the evaluation criteria; and
gib. A misinterpretation of the applicability of an evaluation criterion.
(4) The public, including, but not limited to, applicants for allocation awards, shall be
permitted to testify at the public hearing. Applicants may offer testimony about their
applications or other applications; however, in no event may an applicant offer
modifications to an application that could change the points awarded or the ranking of
the application.
(5) At the conclusion of the public hearing, the planning commission may:
a. Move to accept the evaluation rankings as submitted by the a;,.o�e= planning
director;
b. Move to accept the evaluation rankings as may be modified as a result of the
public hearing;
c. Move to continue the public hearing to take additional public testimony;
d. Move to close the public hearing but to defer action on the evaluation rankings
pending receipt of additional information; and
e. Move to reject the evaluation rankings.
(6) The planning commission shall finalize the evaluation rankings within 60 days
following initial receipt of the ref planning director evaluation ranking, report
and recommendation.
Lc)(d) Notification to applicants. Upon finalization of the evaluation rankings by the planning
commission, notice of the rankings by size ells. fie ,tio shall be posted at the planning
department offices
semi.
(1) Applicants who receive allocation awards shall be further notified by certified mail,
return receipt requested. Upon receipt of notification of an allocation award, the
Page 10 of 14
applicant may request issuance of a building permit for the applicable development of
the allocated nonresidential floor area.
(2) Applicants who fail to receive allocation awards shall be further notified by certified
mail, return receipt requested; without further action by such applicants nor the
payment of any additional fee, such applications shall remain in the NROGO system
for reconsideration at the next allocation in the current or following annual allocation
period.
fdd)(0 Identical rankings. If two or more allocation applications
receive an identical evaluation ranking and both (or all) cannot be granted allocation
awards within the allocation period, the planning commission shall award the allocation
to the completed application first submitted, based on the controlling date of the
application. If two or more such completed applications were submitted with the same
controlling date, the available allocation shall be awarded to the application with the
fewest number of negative points.
(e)Allocation by way of the NROGO bank. Concerning applications submitted pursuant to
section 138-52(1), if nonresidential floor area is available in a NROGO subarea account
within the NROGO bank, upon receipt of completed application, the planning director
shall evaluate the application pursuant to the evaluation criteria set forth in section 138-
55.
(1) Public hearing The planning director shall schedule and notice the application for
review and decision by the planning commission at a public hearing. Allocations by
way of the NROGO bank shall only be awarded four times per NROGO year, on the
same public hearing dates in which annual NROGO allocations are awarded per
section 138-53(b).
2) NROGO subarea accounts. Beizinniniz Julv 13. 2013. the NROGO bank shall consist
of three accounts. Each account shall represent a ROGO subarea: l)Upper Keys,
Lower Keys and 3) Big Pine Key and No Name Key. The boundaries of the ROGO
subareas are defined in section 138-20(c). An applicant may only request
nonresidential floor area from the account associated with the ROGO subarea in
which the subject property is located. As of July 13, 2013, pursuant to section 138-
51(a), the distribution of the annual NROGO allocation shall be distributed to each of
the ROGO subareas based on the number of residential dwelling unit permits made
available for each of the ROGO subareas. The unused balance shall roll over into the
NROGO bank each vear
(3) Eli ib�iliU per tier designation. Only pplications for developments within Tier III
designated areas shall be eligible for allocation by way of the NROGO bank.
(4) NROGO subarea account reserves. The Upper Keys and Lower Keys NROGO
subarea accounts shall maintain reserves of 20,000 square feet each. The Big
Pine/No Name Key subarea account is not required to maintain a reserve.
Page 11 of 14
(5) Percentage of allocations to existing businesses. To support the improvement,
sustainability, and expansion of existing businesses, in each NROGO allocation
quarter, 50 percent of the balance each NROGO subarea account, after deducting the
reserves required per subsection (4), shall be dedicated for expansion of floor area
associated with existing businesses. However, an existing business is not limited to
this reserve percentage and may request for more than the 50 percent dedicated per
this subsection. For the purposes of the NROGO bank, an existing business is defined
as a business or other nonresidential entity that has been in continuous operation for
over one (1) year from the date in which the NROGO bank application was submitted
on the property in which the NROGO bank application is associated. In order to
utilize this reserved 50 percent, the allocation, by way of the NROGO bank, must
facilitate the improvement and expansion of the existing business, as analyzed and
approved by the corresponding building permit application.
(6) Percentage of allocations to new businesses. In each NROGO allocation quarter, a
new business may only request up to 50 percent of the balance of an applicable
NROGO subarea account.
(7) Noncompetitive applications. If the total amount of nonresidential floor area
requested in a single application or cumulatively in multiple applications by separate
applicants is equal to or less than the amount available in a NROGO subarea account
within the NROGO bank existing or new (excluding reserved floor area), the
planning commission may grant the total amount of nonresidential floor area
requested in the aplication(s) to the aplicant(s).
(8) Competitive applications. If the total amount of nonresidential floor area requested in
a single application or cumulatively in multiple applications by separate applicants is
greater than that the total amount available in a NROGO subarea account within the
NROGO bank existing or new (excluding reserved floor area), the planning director
shall submit an evaluation report to the planning commission indicating the
evaluation rankings. The planning commission shall award available nonresidential
floor area in a NROGO subarea account (excluding reserved floor area) to the
applicant with most points pursuant to section 138-55. If the highest scoring aplicant
does not request the entire amount available in a NROGO subarea account within the
NROGO bank, the planning commission shall award the remaining available
nonresidential floor area in a NROGO subarea account within the NROGO bank
(excluding reserved floor area) to the application with the second highest score and so
on until a NROGO subarea account within the NROGO bank reaches its balance
(excluding reserves)
(9) Sin lie application requesting more than the balance in a NROGO subarea account.
If there are not any competing applications, the planning commission mM grant the
total amount of nonresidential floor area available in a NROGO subarea account
(excluding reserved floor areal to the aplicant and require the aplicant to acquire
the remaining nonresidential floor area through the NROGO permit allocation
system.
tem.
Page 12 of 14
(10) De minimis applications. Square footage for de minimis applications may be
deducted from the annual NROGO allocation or the NROGO bank. Nonresidential
floor area permitted via de minimis shall be deducted from the NROGO subarea
account in which the property is located.
(11) Testimony. The public, including but not limited to applicants, shall be permitted
to testify at the public hearing. Applicants may offer testimony about their
applications or other applications, however, in no event may an applicant offer
modifications to an application that could change the points awarded or the ranking of
the application.
(12) Decision by the planning commission. At the conclusion of the public hearing the
planning commission ma:
a. If applicable, move to accept the evaluation rankings as submitted by the planning
director,
b. If applicable, move to accept the evaluation rankings as may be modified as a
result of the public hearing,
c. Move to continue the public hearing to take additional public testimony,
d. Move to close the public hearing but to defer action on the evaluation rankings
pendingreceipt eceipt of additional information, and
e. Move to reject the evaluation rankings.
Within 60 days of the public heariniz_ the nlanniniz commission shall render its final
decision on an application for an allocation by way of the NROGO bank by
resolution. If an approval, the resolution shall be issued and pass all relevant appeal
periods prior to issuance of a buildiniz hermit reauiriniz the nonresidential floor area
awarded by the resolution
(13) Opening Balances for NROGO subarea accounts. as ofNROGO Year 22 (July 13,
2013). The opening balances for each NROGO subarea account shall be determined
and calculated by the planning department based on available and unused annual
nonresidential floor area from NROGO Years 10 through 21.
Section 4. 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 8 and 10 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 5. Severability.
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,
Page 13 of 14
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 6. Conflicting Provisions.
All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the
extent of said conflict.
Section 7. 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 8. 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 10 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
ordinance, and if the final order is challenged, until the challenge to the order is resolved
pursuant to F.S. Chapter 120.
Section 9. 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 10. 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 day of 92013.
Mayor George Neugent
Mayor Pro Tem Heather Carruthers
Commissioner Danny Kolhage
Commissioner Sylvia Murphy
Commissioner David Rice
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Attest: Amy Heavilin, Clerk
M
Deputy Clerk
M.
Mayor George N. COUNTY ATTORNF'f
AP4PR-D AS TO FORM'Page 14 of 14 SM. GRIMSL
ASSISTANT COUNTY ATTORNEY
J
01
MONROE COUNTY, FLORIDA
PLANNING COMMISSION RESOLUTION NO. P13-13
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION RECOMMENDING APPROVAL OF THE
REQUEST BY THE PLANNING & ENVIRONMENTAL
RESOURCES DEPARTMENT FOR 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 138-52, APPLICATION
PROCEDURES FOR NROGO; SECTION 138-53,
EVALUATION PROCEDURES FOR NONRESIDENTIAL
FLOOR AREA ALLOCATIONS; ESTABLISHING NEW
DEFINITIONS; ESTABLISHING A MECHANISM TO
ALLOCATE NONRESIDENTIAL FLOOR AREA
UNALLOCATED IN PREVIOUS YEARS; 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, during regularly scheduled public hearings held on January 30, 2013,
February 27, 2013 and March 27, 2013, the Monroe County Planning Commission conducted a
review and consideration of a request filed by the Planning & Environmental Resources
Department for a text amendment to amend §138-47, §138-52, and §138-53 of the Monroe
County Code; 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 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 however 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
Resolution 4P13-13
File #2012-013-b Page 1 of 14
a separate allocation process in 2006. Like the remaining part of the County, at times, there have
been in 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, 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, the Planning Commission was presented with the following documents and
other information relevant to the request, which by reference is hereby incorporated as part of the
record of said hearing:
1. Staff report prepared by Joseph Haberman, AICP, Planning & Development Review
Manager, dated January 18, 2013; and
2. Staff report prepared by Joseph Haberman, AICP, Planning & Development Review
Manager, dated February 25, 2013; and
3. Staff report prepared by Joseph Haberman, AICP, Planning & Development Review
Manager, dated March 15, 2013; and
4. Draft Ordinance; and
5. Sworn testimony of Monroe County Planning & Environmental Resources
Department staff; and
6. Shown testimony of the general public; and
7. Advice and counsel of Susan Grimsley and Steve Williams, Assistant County
Attorneys, and John Wolfe, Planning Commission Counsel; and
WHEREAS, based upon the information and documentation submitted, the Planning
Commission makes the following Findings of Fact:
1. Text amendments to the Monroe County Code shall not be inconsistent with the
provisions and intent of the Monroe County Comprehensive Plan; and
2. §102-158(d)(5)(b) of the Monroe County Code provides the provisions that must be
met for a text amendment:
a. Changed projections (e.g., regarding public service needs) from those on which
the text or boundary was based; and/or
b. Changed assumptions (e.g., regarding demographic trends); and/or
c. Data errors, including errors in mapping, vegetative types and natural features
described in volume I of the plan; and/or
d. New issues; and/or
e. Recognition of a need for additional detail or comprehensiveness; and/or
f. Data updates; and/or
Resolution #P 13-13
File #2012-013-b Page 2 of 14
g. For FLUM changes, the principles for guiding development as defined in the
Florida Statutes relating to changes to the comprehensive plan; and
3. Text amendments to the Monroe County Code shall not be inconsistent with the
Principles for Guiding Development in the Florida Keys Area of Critical State
Concern; and
WHEREAS, based upon the information and documentation submitted, the Planning
Commission makes the following Conclusions of Law:
1. The proposed text amendment is consistent with the provisions and intent of the
Monroe County Comprehensive Plan; and
2. The proposed text amendment is consistent with the provisions and intent of the
Monroe County Code. The proposed text amendment meets the standards for text
amendments as set forth in §102-158(d)(5)(b) of the Monroe County Code,
specifically, due to recognition of a need for additional detail or comprehensiveness.
3. The proposed text amendment is consistent with the Principles for Guiding
Development in the Florida Keys Area of Critical State Concern; and
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION
OF MONROE COUNTY, FLORIDA, that the preceding Findings of Fact and Conclusions of
Law support its decision to recommend approval to the Board of County Commissioners of the
following text amendment:
Section 1. The Monroe County Code shall be amended as set forth in Exhibit A (deletions are
stfielenOffeu and additions are underlined).
PASSED AND ADOPTED BY THE PLANNING COMMISSION of Monroe County,
Florida, at a meeting held on the 27t' of March, 2013.
Chair Wiatt
YES
Commissioner Hale
YES
Commissioner Lustberg
NO
Commissioner Miller
YES
Commissioner Werling
YES
PLANNING COMMISSION OF MONROE COUNTY, FLORIDA
I:
William Wiatt, Chair
Signed this day of
2013.
Resolution #P13-13
File #2012-013-b
Page 3 of 14
Exhibit A
Section 1. Section 138-47 of the Monroe County Code shall be amended as follows (deletions
are stfieken dffe and additions are underlined. Highlighted text is being changed as part of a
concurrent text amendment):
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.
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 for which building permits may be issued
during an annual allocation period.
Buildable lot or parcel, for the purposes of this ehaptearticle, 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.
Resolution #P13-13
File #2012-013-b Page 4 of 14
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 gFess total floor area for a nonresidential
building or structure, as defined in section 101-1,
, and all eev
Additionally, bead-bams, 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 The term "nonresidential floor area" does not
include space occupied by tfansient msidential and institufienW residential pr-ixeipal 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 for which building permits may be issued
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
subsequent issuance of a building permit to authorize construction of new nonresidential
floor area.
Nonresidential ROGO bank also referred to as NROGO bank, means the cumulative
total of a) NROGO allocations that were not awarded and thereby not allocated due to a
lack of demand b) nonresidential floor area not made available for the annual NROGO
allocation by the board of county commissioners,• and c) allocated nonresidential floor
area reclaimed due to the abandonment or expiration of approved development that
received a NROGO allocation award.
Quarterly nonresidential ROGO allocation period means any one of the four periods
within an annual allocation period.
Quarter X nonresidential ROGO allocation means the maximum number of amount of
nonresidential floor area square footage for which building_ permits may be issued 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.
Resolution #P13-13
File #2012-013-b Page 5 of 14
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, is 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 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 138-52 of the Monroe County Code shall be amended as follows (deletions
are stfielen. dhffeuo and additions are underlined):
Sec.138-52. - Application procedures for NROGO.
(a) Application for allocation by way of the NROGO allocation system. The planning and
environmental resources department shall accept applications to enter the NROGO
system. The NROGO application must be accompanied by an approved building permit
application in order to be considered . The
. The planning director, or his or her
designee, shall review the NROGO application for completeness. If the application is
determined to be incomplete, the planning director, or his or her designee, shall reject the
NROGO application and notify the applicant of such rejection, and the reasons therefor,
within ten working days. If determined to be complete, the application shall be assigned a
controlling date. The NROGO application shall be submitted in a form provided by the
planning and environmental resources department and meet the following requirements:
(1) The application shall include a) the name and address of the property owner(s) of
record, b) the property record card(s) from the Monroe County Property Appraiser, c)
Resolution #P13-13
File #2012-013-b Page 6 of 14
a written legal description of the property proposed for development, d) a boundary
survey of the property proposed for development, prepared by a surveyor registered
in the State of Florida, showing the boundaries of the site, elevations, bodies of water
and wetlands on the site and adjacent to the site, existing structures including all
impervious areas, existing easements, total acreage and total acreage by habitat and e)
a site plan. The boundary survey and site plan may be filed with the corresponding
building permit application. Additional copies of the boundary survey and site plan
are not required to be filed with the NROGO application.
(2) If a conditional use permit is required in accordance with this Land Development
Code for the development applied for, the conditional use permit shall be obtained
and effective prior to submittal of any NROGO application. A copy of the recorded
development order shall be submitted with the NROGO application.
(3) The site plan shall be prepared and sealed by a professional architect, engineer, or any
other professional licensed to prepare a site plan. The site plan shall be drawn to a
scale of one inch equals ten feet or one inch equals twenty feet. At a minimum, the
site plan shall depict the following features and information:
a. Date, north point and graphic scale;
b. Boundary lines of site, including all property lines and mean high-water lines
shown in accordance with Florida Statutes;
c. All attributes from the boundary survey;
d. Future Land Use Map (FLUM) designation(s) of the site;
e. Land Use (Zoning) District designation(s) of site;
f. Tier designation(s) of the site;
g. Flood zones pursuant to the Flood Insurance Rate Map;
h. Setback lines as required by this Land Development Code;
i. Locations and dimensions of all existing and proposed structures, including all
paved areas and clear site triangles;
j. Size and type of buffer yards and parking lot landscaping areas, including the
species and number of plants;
k. Extent and area of wetlands, open space preservation areas and conservation
easements;
1. Delineation of habitat types to demonstrate buildable area on the site, including
any heritage trees identified and any potential species that may use the site
(certified by an approved biologist and based on the most current professionally -
recognized mapping by the U.S. Fish and Wildlife Service);
m. Drainage plan including existing and proposed topography, all drainage
structures, retention areas, drainage swales and existing and proposed permeable
and impermeable areas;
n. Location of fire hydrants or fire wells;
o. The location of public utilities, including location of the closest available water
supply system or collection lines and the closest available wastewater collection
system or collection lines (with wastewater system provider) or on -site system
proposed to meet required County and State of Florida wastewater treatment
standards; and
p. A table providing the total land area of the site, the total buildable area of the site,
the type and square footage of all nonresidential land uses, the type and number of
Resolution #P13-13
File #2012-013-b Page 7 of 14
all residential dwelling units, the amounts of impervious and pervious areas, and
calculations for land use intensity, open space ratio, and off-street parking.
(b) Fee for review of application. Each NROGO application shall be accompanied by a
nonrefundable processing fee established by resolution of the board of county
commissioners. Additional fees are not required for successive review of the same
NROGO application unless the application is withdrawn and resubmitted.
(c) Compliance with other requirements. The NROGO application shall not constitute an
indication of whether or not the applicant for the nonresidential floor area allocation has
satisfied and complied with all county, state, and federal requirements otherwise imposed
by the county regarding conditions precedent to issuance of a building permit.
(d) Time of review. The planning director may retain the allocation application and its
associated building permit application for review pursuant to the evaluation procedures
and criteria set forth in section 138-53 and section 138-55.
(e) Non -county time periods. The county shall develop necessary administrative procedures
and, if necessary, enter into agreements with other jurisdictional entities which impose
requirements as a condition precedent to development in the county, to ensure that such
non -county approvals, certifications and/or permits are not lost due to the increased time
requirements necessary for the county to process and evaluate NROGO applications and
issue allocation awards. The county may permit evidence of compliance with the
requirements of other jurisdictional entities to be demonstrated by coordination letters in
lieu of approvals or permits.
(f) Limitation on number of applications.
(1) An individual entity or organization may have only one active NROGO application
per site in the allocation period.
(2) There shall be no limit on the number of separate projects for which NROGO
applications may be submitted by an individual, entity or organization.
(g) Expiration of allocation award. An allocation award shall expire when its corresponding
building permit is deemed to expire pursuant to chapter 102, article VII, after 60 days of
mailing of notification for the award of the allocation of nonresidential floor area or after
failure of the applicant to submit required plan revisions by the required date set forth in
subsection (k).
(h) Withdrawal of NROGO application. An applicant may elect to withdraw a NROGO
application without prejudice at any time up to finalization of the evaluation rankings by
the planning commission. Revision and resubmission of the withdrawn application must
be in accordance with subsection (i) of this section.
(i) Revisions to applications and awards.
(1) Upon submission of a NROGO application, an applicant may revise the application if
it is withdrawn and resubmitted prior to the allocation date for the allocation period in
Resolution #P13-13
File #2012-013-b Page 8 of 14
which the applicant wishes to compete. Resubmitted applications shall be considered
new, requiring payment of appropriate fees and receiving a new controlling date.
(2) After receipt of an allocation award, and either before or after receipt of a building
permit being obtained, but prior to receipt of a certificate of occupancy or final
inspection, no revisions shall be made to any aspect of the proposed nonresidential
development which formed the basis for the evaluation review, determination of
points and allocation rankings, unless such revision would have the effect of
increasing the points awarded.
(3) After the receipt of an allocation award, a building permit and a certificate of
occupancy or final inspection, no revision shall be made to any aspect of the
completed nonresidential development which formed the basis for the evaluation,
review, determination of points and allocation rankings, unless such revisions are
accomplished pursuant to a new building permit and unless such revisions would
have the net effect of either maintaining or increasing the number of points originally
awarded.
0) Clarification of application data.
(1) At any time during the NROGO allocation review and approval process, the applicant
may be requested by the planning director or the planning commission, to submit
additional information to clarify the relationship of the allocation application, or any
elements thereof, to the evaluation criteria. If such a request is made, the planning
director shall identify the specific evaluation criterion at issue and the specific
information needed and shall communicate such request to the applicant.
(2) Upon receiving a request from the planning director for such additional information,
the applicant may provide such information; or the applicant may decline to provide
such information and allow the allocation application to be evaluated as submitted.
(k) Revisions of building permit applications requiring the NROGO allocation(s). A building
permit application for a proposed nonresidential floor area requiring a NROGO allocation
must be approved prior to submitting a NROGO application. In the event that the Florida
Building Code is amended between the date in which a NROGO application is submitted
and the date in which a building permit requiring the NROGO allocation(s) applied for is
issued (which follows the date in which the required allocation(s) is awarded), if
necessary, the applicant shall submit plan revisions to the building permit application
demonstrating full compliance with the current Florida Building Code in effect. These
plan revisions shall be submitted within 180 days of the NROGO allocation award date or
the applicant shall forfeit the NROGO allocation award. Following receipt of the plan
revisions, the building department shall review the revisions as if the application is new
(however retaining the same building permit number for administrative purposes), based
on the building code, for compliance prior to issuance of the building permit requiring the
NROGO allocation(s) by the building official. Such mandatory revisions and review are
limited to the modifications necessary to demonstrate compliance with the Florida
Building Code in effect at the time of building permit issuance. This is not applicable to
the Land Development Code.
Resolution #P13-13
File #2012-013-b Page 9 of 14
Application_ for allocation by way of the NROGO bank. The planning and environmental
resources department shall maintain a record of NROGO allocations that were not
awarded in NROGO allocation periods due to lack of demand, decision by the board of
county commissioners to not make available for the annual NROGO allocation (in
NROGO Years 10 through 21) and reclamation of allocated nonresidential floor area due
to the abandonment or expiration of improved development Commencing NROGO Year
22 the accounting of this record shall be maintained by an account per each ROGO
subarea Upon availability of nonresidential floor area in a given ROGO subarea account
within the NROGO bank the planning and environmental resources department shall
accept applications for applicants requesting the banked nonresidential floor area. The
NROGO application must be accompanied by an approved building permit application in
order to be considered The planning director, or his or her designee, shall review the
application for completeness If the application is determined to be incomplete, the
planning director, or his or her designee shall reject the application and notify the
applicant of such rejection and the reasons therefor, within 30 days. The application shall
be submitted in a form provided by the planning and environmental resources department
and meet the same requirements for a standard NROGO application as set forth in
subsection (a) Each application shall be accompanied by a nonrefundable processing fee
as established by resolution of the board of county commissioners.
Section 3. Section 138-53 of the Monroe County Code shall be amended as follows (deletions
are strielen Offeugh and additions are underlined):
Sec. 138-53. Evaluation procedures for nonresidential floor area allocation.
Ir
Y-
Laa,)(b) Initial evaluation of allocation applications. Upon receipt of completed NROGO
allocation applications, the a:r�ei planning director or his or her designee shall
evaluate the allocation applications pursuant to the evaluation criteria set forth in section
138-55.
(1) Within 30 days of an allocation date, unless otherwise extended by the planning
commission, the planning director shall:
Resolution #P13-13
File #2012-013-b Page 10 of 14
a. Complete the evaluation of all allocation applications submitted during the
relevant allocation period;
b. Total the amount of square footage for which allocation applications have been
received for Big Pine Kcy. and No Name Key and fer- the remainder- ef the
each ROGO subarea (Upper Keys: Lower Keys: and Big
Pine Key/No Name Key); and
c. Rank the #leer -area allocation applications, in descending order from the highest
evaluation point total to the lowest for each size elassifleafien for- Big Pine and
Name Key and the remainder- ef the unineeEper-med eounty ROGO subarea.
(2) if the ameunt of fleer area repented in the—alleeatien appheatieesby sire
elassifieatien is equal te er- less dma the available alleeatien, the dir-eeter- ef planning
applieatiens be granted alleeatien awards.
byelassifieafienoic'.v
7
alleeafienf and '
2)(e) Public hearings and allocation awards. Upon completion of the evaluation ranking
report and/or recommendation, the direeter- e= planning director shall schedule and notice
a public hearing by the planning commission pursuant to otherwise applicable
regulations.
(1) At or prior to the public hearing, the planning commission may request, and the
direeter of planning director shall supply, copies of the allocation applications and the
direete evaluation worksheets.
(2) Upon review of the allocation applications and evaluation worksheets, the planning
commission may adjust the points awarded for meeting a particular er-iter-ia criterion,
adjust the rankings as a result of changes in points awarded, or make such other
changes as may be appropriate and justified.
(3) The basis for planning commission changes shall be specified in the form of a motion
to adopt the allocation rankings and may include the following:
a. An effer- in the designatien ef the appheafien's size ;
b—a. A mistake in the application of one or more of the evaluation criteria; and
e—b. A misinterpretation of the applicability of an evaluation criterion.
(4) The public, including, but not limited to, applicants for allocation awards, shall be
permitted to testify at the public hearing. Applicants may offer testimony about their
applications or other applications; however, in no event may an applicant offer
modifications to an application that could change the points awarded or the ranking of
the application.
(5) At the conclusion of the public hearing, the planning commission may:
a. Move to accept the evaluation rankings as submitted by the direeter of planning
director;
b. Move to accept the evaluation rankings as may be modified as a result of the
public hearing;
c. Move to continue the public hearing to take additional public testimony;
Resolution #P13-13
File #2012-013-b Page 11 of 14
d. Move to close the public hearing but to defer action on the evaluation rankings
pending receipt of additional information; and
e. Move to reject the evaluation rankings.
(6) The planning commission shall finalize the evaluation rankings within 60 days
following initial receipt of the dir-eeteref planning director evaluation ranking, report
and recommendation.
(c)(d) Notification to applicants. Upon finalization of the evaluation rankings by the planning
commission, notice of the rankings by size elassifieatien shall be posted at the planning
department offices and eA stieh ether plaees as may be designated by the planning
eemmissien.
(1) Applicants who receive allocation awards shall be further notified by certified mail,
return receipt requested. Upon receipt of notification of an allocation award, the
applicant may request issuance of a building permit for the applicable development of
the allocated nonresidential floor area.
(2) Applicants who fail to receive allocation awards shall be further notified by certified
mail, return receipt requested; without further action by such applicants nor the
payment of any additional fee, such applications shall remain in the NROGO system
for reconsideration at the next allocation in the current or following annual allocation
period.
(d)(e) Identical rankings. If two or more allocation applications
receive an identical evaluation ranking and both (or all) cannot be granted allocation
awards within the allocation period, the planning commission shall award the allocation
to the completed application first submitted, based on the controlling date of the
application. If two or more such completed applications were submitted with the same
controlling date, the available allocation shall be awarded to the application with the
fewest number of negative points.
(e) Allocation by wax of the NROGO bank. Concerning applications submitted pursuant to
section 138-52(1), if nonresidential floor area is available in a ROGO subarea account
within the NROGO bank, upon receipt of completed application, the planning director, or
his or her designee, shall evaluate the application pursuant to the evaluation criteria set
forth in section 138-55.
(1) Public hearing. The planning director, or his or her designee. shall schedule and
notice the application for review and decision by the planning commission at a public
hearing. Allocations by way of the NROGO bank shall only be awarded four times
per NROGO year, on the same public hearing dates in which NROGO allocations are
awarded per section 138-53(b).
2) ROGO subarea accounts. The NROGO bank shall consist of three accounts. Each
account shall represent a ROGO subarea: 1) Upper Kew) Lower Keys and 3) Big
Pine Key and No Name Key. The boundaries of the ROGO subareas are defined in
section 138-20(c) An applicant may only request nonresidential floor area from the
account associated with the ROGO subarea in which the subject property is located.
Resolution #P13-13
File #2012-013-b Page 12 of 14
(3) Eligibility per tier designation Only applications for developments within Tier III
designated areas shall be eligible for allocation by way of the NROGO bank.
(4) Percentage of allocations to existing businesses. To support the improvement,
sustainability, and expansion of existing businesses, in each NROGO allocation
quarter, 50 percent of the balance each ROGO subarea account shall be reserved for
expansion of floor area associated with existing businesses. For the purposes of the
NROGO bank an existing business is defined as a business or other nonresidential
entity that has been in continuous operation for over one (1) year from the date in
which the NROGO bank application was submitted on the property in which the
NROGO bank application is associated. In order to utilize this reserved 50 percent,
the allocation by way of the NROGO bank must facilitate the improvement and
expansion of the existing business as analyzed and approved by the corresponding
building permit application.
(5) Noncompetitive applications If the total amount of nonresidential floor area
requested in a single application or cumulatively in multiple applications by separate
applicants is equal to or less than the amount available in a ROGO subarea account
within the NROGO bank (excluding reserved floor area pursuant to subsections (e)(4)
and (e)(7) if applicable) the planning commission may grant the total amount of
nonresidential floor area requested in the applications) to the applicant(s).
(6) Competitive applications. If the total amount of nonresidential floor area requested in
a single application or cumulatively in multiple applications b�sgparate applicants is
greater than that the total amount available in a ROGO subarea account within the
NROGO bank (excluding reserved floor area pursuant to subsections (e)(4) and (e)(7)
if applicable) the planning director shall submit an evaluation report to the planning
commission indicating the evaluation rankings. If there are not any competing
gpplications the planning commission mgy grant the total amount of nonresidential
floor area available in a ROGO subarea account within the NROGO bank (excluding
reserved floor area pursuant to subsections (e)(4) and (e)(7) if applicable) to the
applicant and require the applicant to acquire the remaining nonresidential floor area
through the NROGO permit allocation system. In the event there are competing
applications by separate applicants the planning commission shall award available
nonresidential floor area in a ROGO subarea account within the NROGO bank
(excluding reserved floor area pursuant to subsections (e)(4) and (e)(7) if applicable)
to the applicant with most points pursuant to section 138-55. If the highest scoring
applicant does not request the entire amount available in a ROGO subarea account
within the NROGO bank the planning commission shall award the remaining
available nonresidential floor area in a ROGO subarea account within the NROGO
bank (excluding reserved floor area pursuant to subsections (e)(4) and (e)(7Lfff
applicable) to the application with the second highest score and so on until a ROGO
subarea account within the NROGO bank reaches its reserve amount which is
dedicated to de minimis expansion application pursuant to section 138-50(6) and
subsection (e)(7).
Resolution #P13-13
File #2012-013-b Page 13 of 14
(7) De minimis expansion applications. Square footage for de minimis expansion
gpplications shall be deducted from the NROGO bank. In order to ensure that de
minimis expansion applications pursuant to section 138-50(6) can be regularly
gpproved, each ROGO subarea account shall include a reserve that cannot be
allocated pursuant to this subsection (e) and is dedicated to de minimis expansion.
The Upper Keys and Lower Keys ROGO subarea accounts shall maintain reserves of
20,000 square feet each. The Big Pine Key and No Name Key account shall maintain
a reserve of 3,000 square feet. Nonresidential floor area permitted via de minimis
expansion shall be deducted from the ROGO subarea account in which the property is
located and in the event all of the square footage within the reserve is awarded to de
minimis building_ permit applications, additional de minimis building_ permit
gpplications shall not be issued until the applicable ROGO subarea account within
NROGO bank is replenished and can accommodate the nonresidential expansion. In
the event there is demand beyond a given reserve with a ROGO subarea account for
de minimis expansion applications, such applications may be 4pproved provided there
is adequate nonresidential floor area within the appropriate ROGO subarea account.
(8)Testimony. The public, including but not limited to applicants, shall be permitted to
testify at the public hearing. Applicants may offer testimony about their applications
or other applications; however, in no event may an applicant offer modifications to an
gpplication that could changethe points awarded or the ranking of the application.
(9) Decision by the planning commission. At the conclusion of the public hearing, the
planning commission may_
a. If applicable, move to accept the evaluation rankings as submitted by the planning
director;
b. If applicable, move to accept the evaluation rankings as may be modified as a
result of the public hearing;
c. Move to continue the public hearing to take additional public testimony-,
d. Move to close the public hearing but to defer action on the evaluation rankings
pending receipt of additional information; and
e. Move to reject the evaluation rankings.
Within 60 days of the public hearing, the planning commission shall render its final
decision on an application for an allocation by way of the NROGO bank by
resolution. If an approval, the resolution shall be issued and pass all relevant appeal
periods prior to issuance of a building permit requiring the nonresidential floor area
awarded by the resolution.
(10) Opening Balances for ROGO subarea accounts. as of NROGO Year 22 (July 13.
2013) The opening balances for each ROGO subarea account shall be determined
and calculated by the planning department based on available nonresidential floor
area from NROGO Years 10 through 21.
Resolution #P13-13
File #2012-013-b Page 14 of 14
MONROE COU'I TY, FLORIDA
DV LOPMENT REVIEW COMMITTEE
RESOLUTION NO. DRC 19-12
A RESOLUTION BY THE DIRECTOR OF PLANNING AND
ENVIRONMENTAL RESOURCES AND CHAIR OF THE
DEVELOPMENT REVIEW COMMITTEE RECOMMENDING
APPROVAL OF THE REQUEST BY THE PLANNING &
ENVIRONMENTAL RESOURCES DEPARTMENT FOR AN
ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING MONROE
COUNTY CODE SECTION 13847, NONRESIDENTIAL RATE
OF GROWTH ORDINANCE; SECTION 138-48, GENERAL
PROVISIONS; SECTION 13849, TYPE OF DEVELOPMENT
AFFECTED; SPECIAL REQUIREMENTS; SECTION 138-50,
TYPE OF DEVELOPMENT NOT AFFECTED; SECTION 138-
51, NROGO ALLOCATIONS; SECTION 138-52,
APPLIICATION PROCEDURES FOR NROGO; SECTION 138-
53, EVALUATION PROCEDURES FOR NONRESIDENTIAL
FLOOR AREA ALLOCATION; TO ESTABLISH NEW
DEFINITIONS; TO REVISE THE TYPES OF DEVELOPMENT
AFFECTED AND NOT AFFECTED; TO REVISE THE
REGULATIONS TO INCREASE THE NUMBER OF NROGO
ALLOCATION PERIODS IN A GIVEN YEAR FROM TWO
ALLOCATION PERIODS TO FOUR ALLOCATION PERIODS;
TO INCREASE THE MAXIMUM AMOUNT OF AN
ALLOCATION; TO ESTABLISH A CODIFIED MECHANISM
TO ALLOCATE NONRESIDENTIAL FLOOR AREA THAT
WENT UNALLOCATED IN PREVIOUS YEARS; 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.
WFIEREAS, during a regularly scheduled meeting held on August 28, 2012, the
Development Review Committee (DRC) of Monroe County conducted a review and
consideration of a request filed by the Planning & Environmental Resources Department for an
Resolution # DRC i9-12
File #2012-013 Page 1 of 2
amendment to the text of §138-47, §138-48, §138-49, §138-50, §138-5, §138-52 and §138-53
of the Monroe County Code; and
WHEREAS, the amendments, which all pertain to the NROGO permit allocation system,
are necessary to establish new definitions, revise the types of development affected and not
affected, revise the regulations to increase the number of NROGO allocation periods in a given
year from two allocation periods to four allocation periods, increase the maximum amount of an
allocation, and establish a codified mechanism to allocate nonresidential floor area that went
unallocated in previous years; and
WHEREAS, based upon the information and documentation submitted, the
Development Review Committee Chair and Senior Director of Planning & Environmental
Resources found:
I. The proposed text amendments are consistent with the provisions and intent of the
Monroe County Comprehensive Plan; and
2. The proposed text amendments are consistent with the provisions and intent of the
Monroe County Code; and
3. The proposed text amendments are consistent with the Principles for Guiding
Development in the Florida Keys Area of Critical State Concern; and
NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW
COMMITTEE OF MONROE COUNTY, FLORIDA that the information provided in the
staff report and discussed at the August 28, 2012 meeting supports the Chair's decision to
recommend approval to the Planning Commission and Board of County Commissioners with
revisions as discussed at the meeting.
Date �y
Towns
Senior
`ab, Development Review Committee Chair and
of Planning and Environmental Resources
I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State aforesaid
and in the County aforesaid, to take acknowledgments, personally appeared Townley Schwab, to
me known to be the person described in and who executed the foregoing instrument and she
acknowledged before me the she executed the same.
WITN SS my hand and official seal in the County and State last aforesaid this „ :ay of
2013.
NOTARY PUBLIC, STATE OF FLORIDA
"� ANOfiEA GAIL CKECH
...........
s •.
Resolution DRC 19-i 2 Notary Public - slat■ of Florida
File #2012-013 •; My Comm. Expires Doe 18, 2014 Page 2 of 2
? � Commission r EE 40901
'''°' flooded Thmuoh Nnional Warn Aar.
ADDITIONAL OPTIONS TO NROGO ORDINANCE:
Option 1: Eliminate the proposal that at least 50 percent of the amount within the NROGO
bank be dedicated to existing businesses. Changes necessary to April 2, 2013 draft
to facilitate this option are presented in blue.
Option 2: Proceed with amending the regulations to have the annual NROGO allocation
awarded proportionally to each of the three ROGO subareas and to have non-
awarded/non-utilized square footage placed into ROGO three subarea accounts.
However, as a modification to the most recent proposal, on the commencement
date of each NROGO year (July 13), the balances of the Upper and Lower Keys
accounts shall be redistributed to a fourth account for use by any Upper or Lower
Keys project (note: the balance of Big Pine/No name Key account cannot be
redistributed to the fourth account and a Big Pine/No Name project cannot use the
balance of the fourth account unless the CommuniKeys plan is amended).
Changes necessary to April 2, 2013 draft to facilitate this option are presented in
red.
Option 3: As a modification to the most recent proposal, establish a process that allows an
applicant to reserve NROGO floor area within the NROGO bank following the
approval of a development agreement or conditional use permit, as opposed to
waiting until the second to final step of receiving building permit approval.
Changes necessary to April 2, 2013 draft to facilitate this option are presented in
green.
Option 4. As a modification to the most recent proposal, establish a process that requires the
County to notify the general public of the balances within the NROGO bank.
Changes necessary to April 2, 2013 draft to facilitate this option are presented in
purple.
* BOTH NROGO ALLOCATION AND BANK AMENDMENTS *
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.
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.
Page 1 of 22
Annual nonresidential ROGO allocation, also referred to as an annual NROGO
allocation, means the maximum floor area that for- whieh btti ding Pef ffi may be isstte
allocated during an annual allocation period.
Buildable lot or parcel, for the purposes of this ehapte 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.
Afill the developmeot
land that has been b�lpassed,
means E)r- r-edevelopment
E)f fefflai
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 gress total floor area for a nonresidential
building or structure, as defined in section 101-1,
Walkways, J J J
eensidefed r eside tia fleer o . Additionally, bed covered and unenclosed
boat racks with three or fewer sides not associated with retail sales of boats W-hieh do not
exeeed 50 pefcent of the net area of the 'Wpaf6el are not considered
nonresidential floor area. Further, the 44ie term "nonresidential floor area' does not
include space occupied by transient residential a*d inst t *iefi ,' residential pr-ifleipal uses,
includiniz spaces occupied by a transient residential unit and an institutional -residential
use as defined in section 101-1
Page 2 of 22
Nonresidential ROGO allocation, also referred to as NROGO allocation, means the
maximum amount of nonresidential floor area which bttilding pe may be isstiec
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
subsequent issuance of a building permit to authorize construction of new nonresidential
floor area.
Nonresidential ROGO bank, also referred to as NROGO bank, means the cumulative
total of a) NROGO allocations that were not awarded and thereby not allocated due to a
lack of demand, b) nonresidential floor area not made available for the annual NROGO
allocation by the board of county commissioners; and c) allocated nonresidential floor
area reclaimed due to the abandonment or expiration of approved development that
received a NROGO allocation award.
Nonresidential ROGO account, also referred to as NROGO account, means one of the
four accounts that cumulatively establish the NROGO bank. There are four accounts
within the NROGO bank, with each carrying an independent balance of nonresidential
floor area: 1) the Upper Keys ROGO subarea account, 2) the Big Pine/No Name ROGO
subarea account; 3) the Lower Keys ROGO subarea account; and 4) the Upper and Lower
Keys general (joint) account.
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, y-af& or other heavy industrial uses.
(b) Purpose and intent. The purposes and intent of the nonresidential rate of growth
ordinance ROGO are:
Page 3 of 22
(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 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.
* NROGO ALLOCATION AMENDMENT *
Sec. 138-48. General provisions.
(a) Nonresidential ROGO allocation award required. No building permit shall be issued after
jamtafy 4, September 19, 2001 that results in additional nonresidential floor area
on a site unless that nonresidential development has received a nonfesidential NROGO
allocation award or is determined to be exempt as provided in section 138-50.
(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.
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 Kew 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
eemmefeial eente . evefba-y 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.
Page 4 of 22
•10111
(c) Big Pine Key and No Name Kew Notwithstanding the provisions of ^4sections (b*o
development, as defined in section 101-1, in accordance
with the community master plan for Big Pine Key and No Name Kethe following new
uses or ehang chimes in use are prohibited on Big Pine Keys 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.
(2) OtAdeef ster-age, as a pfineipal tts-e-.
..I&MIN ME I RE •• •
'J Y. . .. .. . . . ... . . .. . . . . . . . .. ... .. ... ...
Z. - - MZZI...
• •
Ld)(g-�-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.
Le)(4) 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.
Page 5 of 22
(c) Big Pine Key and No Name Kew Notwithstanding the provisions of ^4sections (b*o
development, as defined in section 101-1, in accordance
with the community master plan for Big Pine Key and No Name Kethe following new
uses or ehang chimes in use are prohibited on Big Pine Keys 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.
(2) OtAdeef ster-age, as a pfineipal tts-e-.
..I&MIN ME I RE •• •
'J Y. . .. .. . . . ... . . .. . . . . . . . .. ... .. ... ...
Z. - - MZZI...
• •
Ld)(g-�-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.
Le)(4) 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.
Page 5 of 22
Sec. 138-50. Type of development not affeeted 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
to chapter 102, article III nonconformities. Such occasions shall require a separate
determination by the planning director as to the lawfulness of the nonconformity.
Page 6 of 22
(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 eapit ' i ements
anA-public buildings, both -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 minimis expansion of or de minimis addition of new nonresidential floor area. The
cumulative ,
00 s,., a fe roo+ los- 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)Industrial uses. Industrial uses in the maritime in&stfial industries (MI) and the
industrial (I) land use districts, provided that the floor area is restricted to manufacturing,
assembly, wholesaling, and distribution uses. All other forms of industrial uses and other
nonresidential uses which may be permitted in the land use district are subject to the
requirements of this article and will require an NROGO allocation.
Page 7 of 22
(8) Agriculture/aquacultural uses. ;a-'y�tl�established agr3ett4ttr-aI Agricultural and
aquacultural uses in the agricultural and aquaculture use overlay (A).
(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.
food evefagesenie and seating, shall be eligible f r t,.ansf r 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 r„ E)fdef t fede el p
off site, a f-11i". site shall be evaltiated fef site eetiditietis a -Rd shall meet all of t4
1. Is The receiver site shall be within a tier III designated area and, if on Big
Pine Key, it shall also be is located within the designated community center
overlay area;
2. I-s The receiver site shall be located within the same ROGO subarea, as set forth in
section 138-20, as the sender site, ,
the s0 fide - site shall also be 1ee to Name Big Pine Key No ame Key;
3. Is The use that would utilize the transferred nonresidential floor area on the
receiver site shall not be a high -intensity commercial vei: , high intensity 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 overlav district or area. established
in a community master plan or within chapter 130, specifically allowing such a
high -intensity commercial retail use;
4. is fie The receiver site shall not be located within a V special flood hazard zone;
G Doe ofpfopose ele g v�,41iia a tie TTT A (speei-eceetion area)
5. Is -fie t The receiver site shall not be located in a coastal barrier resources
system; and
6. is The receiver site shall not be located in an offshore island/conservation
land protection area.
Page 8 of 22
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 4,000 50,000 square feet of
nonresidential floor area may be transferred to any one site.
2. A r666iving structure with existing utilizing the transferred nonresidential floor
area shall not be expandedg tfa*sfeffed floor o if the expansion0 tilts
stmetufe with f o greater than 10,000 square feet of nonfesidential f'E)Of ae�,
except for al a structure within the tifba ,.e ffl m,,fei a1 Urban Commercial (UCH
land use district, whefe a stmetnre may be expanded 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
chanter 130. may consist of un to a maximum total of nonresidential floor area set
forth in the superseding overlay district or area.
shall not be less 4mn 2200 safe feet and shall e in inetvments f 100 (i.e., 2
inn 400, et ) s"afe feet.
d. Procedures . The following procedures shall
be followed for permitting transfer of nonresidential floor area off -site:
1. A pfe appheation een=etefiee and, at "', a ffifflef 60 ditional tise peftnit
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 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.
of eaeh 1100-scjafe f6v+i in6Fementsthat shall be tised fef tfaeking and
itemized in the miner- 6endtfenal ttse pef1tQeyelopment eFdefs and l",;lding
+...-;tuff-e shall be r raoa to the nearest 100 s e 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 passim all applicable meal 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.
Page 9 of 22
Sec. 138-51. NROGO allocations.
(a) Maximum amount of available floor area for the annual nonresidential ROGO
allocations. 44ie maximttm afnetmt f P,,,,,:af:ea ai,ailable f alle..atio,, , der- NRO
alleeations shall be eempttted se-patutely fef: Big Pine Key and No Name Key and fat:
(ending 2001) and „ tnbe- E)f ROGO .Negations to be made i ROGO .,eaf: 4-0-
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 dwelliniz unit hermits made available for each of the subareas.
as provided in the following _ table
ROGO subarea
Number of
market rate units
Approximate
Total
dwelling
units
Annual NROGO
number of
affordable
units
allocation**
Upper
61
35
96
22,944 SF
Lower
57
34
91
21,749 SF
Big Pine/No
Name
8
2
10
2,390 SF
Total
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, exeep* sillleeated within a designated eemmunit" eefl+ef: ever4ay area. Fef: sites leeated wit4in
—
(c) Maximum floor area per structure. Aii e*istiiig A structure shall not receive an allocation
that expands the structure to more than 10,000 square feet of nonresidential floor area,
exeept t4at r eside tia floor ^ of s*..,,,.twes excluding: a) a structure in the t"an
Page 10 of 22
Urban Commercial (PC -land use district may receive an allocation that
expands the structure be expande to not more than 50,000 square feet and b) a 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.
ILA
♦ Y.
. ..............
Qs.�s
(4) 1 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
auarter closure_ which shall be the same dates as those for the residential ROGO. T4+e
.1
..
Y.
Page 11 of 22
� Le)�.
Annual nonresidential ROGO allocation. 44ie eaf:a of eetinty eemmissioner-s may
make a-vailable for- alleeatio" all t of the intial a"ecutThis annual
allocation shall be distributed between the tie four allocation 4ate� quarters, which
shall be the same dates as those for the residential ROGO.
NNW
_ •.
. _
* NROGO BANK AMENDMENT *
Sec. 138-52. - Application procedures for NROGO.
(a) Application for allocation by way of the NROGO allocation system. The planning and
environmental resources department shall accept applications to enter the NROGO
system. The NROGO application must be accompanied by an approved building permit
application in order to be considered in the annt ' a"eeation p . 41+e
2' c�q feet of less of 2,501s"affeet ef-m-a�. The planning director, or his or her
designee, shall review the NROGO application for completeness. If the application is
determined to be incomplete, the planning director, or his or her designee, shall reject the
NROGO application and notify the applicant of such rejection, and the reasons therefor,
within ten working days. If determined to be complete, the application shall be assigned a
controlling date. The NROGO application shall be submitted in a form provided by the
planning and environmental resources department and meet the following requirements:
(1) The application shall include a) the name and address of the property owner(s) of
record, b) the property record card(s) from the Monroe County Property Appraiser, c)
a written legal description of the property proposed for development, d) a boundary
survey of the property proposed for development, prepared by a surveyor registered
in the State of Florida, showing the boundaries of the site, elevations, bodies of water
and wetlands on the site and adjacent to the site, existing structures including all
impervious areas, existing easements, total acreage and total acreage by habitat and e)
a site plan. The boundary survey and site plan may be filed with the corresponding
building permit application. Additional copies of the boundary survey and site plan
are not required to be filed with the NROGO application.
(2) If a conditional use permit is required in accordance with this Land Development
Code for the development applied for, the conditional use permit shall be obtained
Page 12 of 22
and effective prior to submittal of any NROGO application. A copy of the recorded
development order shall be submitted with the NROGO application.
(3) The site plan shall be prepared and sealed by a professional architect, engineer, or any
other professional licensed to prepare a site plan. The site plan shall be drawn to a
scale of one inch equals ten feet or one inch equals twenty feet. At a minimum, the
site plan shall depict the following features and information:
a. Date, north point and graphic scale;
b. Boundary lines of site, including all property lines and mean high-water lines
shown in accordance with Florida Statutes;
c. All attributes from the boundary survey;
d. Future Land Use Map (FLUM) designation(s) of the site;
e. Land Use (Zoning) District designation(s) of site;
f Tier designation(s) of the site;
g. Flood zones pursuant to the Flood Insurance Rate Map;
h. Setback lines as required by this Land Development Code;
i. Locations and dimensions of all existing and proposed structures, including all
paved areas and clear site triangles;
j. Size and type of buffer yards and parking lot landscaping areas, including the
species and number of plants;
k. Extent and area of wetlands, open space preservation areas and conservation
easements;
1. Delineation of habitat types to demonstrate buildable area on the site, including
any heritage trees identified and any potential species that may use the site
(certified by an approved biologist and based on the most current professionally -
recognized mapping by the U.S. Fish and Wildlife Service);
m. Drainage plan including existing and proposed topography, all drainage
structures, retention areas, drainage swales and existing and proposed permeable
and impermeable areas;
n. Location of fire hydrants or fire wells;
o. The location of public utilities, including location of the closest available water
supply system or collection lines and the closest available wastewater collection
system or collection lines (with wastewater system provider) or on -site system
proposed to meet required County and State of Florida wastewater treatment
standards; and
p. A table providing the total land area of the site, the total buildable area of the site,
the type and square footage of all nonresidential land uses, the type and number of
all residential dwelling units, the amounts of impervious and pervious areas, and
calculations for land use intensity, open space ratio, and off-street parking.
(b) Fee for review of application. Each NROGO application shall be accompanied by a
nonrefundable processing fee established by resolution of the board of county
commissioners. Additional fees are not required for successive review of the same
NROGO application unless the application is withdrawn and resubmitted.
(c) Compliance with other requirements. The NROGO application shall not constitute an
indication of whether or not the applicant for the nonresidential floor area allocation has
Page 13 of 22
satisfied and complied with all county, state, and federal requirements otherwise imposed
by the county regarding conditions precedent to issuance of a building permit.
(d) Time of review. The planning director may retain the allocation application and its
associated building permit application for review pursuant to the evaluation procedures
and criteria set forth in section 138-53 and section 138-55.
(e) Non -county time periods. The county shall develop necessary administrative procedures
and, if necessary, enter into agreements with other jurisdictional entities which impose
requirements as a condition precedent to development in the county, to ensure that such
non -county approvals, certifications and/or permits are not lost due to the increased time
requirements necessary for the county to process and evaluate NROGO applications and
issue allocation awards. The county may permit evidence of compliance with the
requirements of other jurisdictional entities to be demonstrated by coordination letters in
lieu of approvals or permits.
(f) Limitation on number of applications.
(1) An individual entity or organization may have only one active NROGO application
per site in the allocation period.
(2) There shall be no limit on the number of separate projects for which NROGO
applications may be submitted by an individual, entity or organization.
(g) Expiration of allocation award. An allocation award shall expire when its corresponding
building permit is deemed to expire pursuant to chapter 102, article VII, after 60 days of
mailing of notification for the award of the allocation of nonresidential floor area or after
failure of the applicant to submit required plan revisions by the required date set forth in
subsection (k).
(h) Withdrawal of NROGO application. An applicant may elect to withdraw a NROGO
application without prejudice at any time up to finalization of the evaluation rankings by
the planning commission. Revision and resubmission of the withdrawn application must
be in accordance with subsection (i) of this section.
(i) Revisions to applications and awards.
(1) Upon submission of a NROGO application, an applicant may revise the application if
it is withdrawn and resubmitted prior to the allocation date for the allocation period in
which the applicant wishes to compete. Resubmitted applications shall be considered
new, requiring payment of appropriate fees and receiving a new controlling date.
(2) After receipt of an allocation award, and either before or after receipt of a building
permit being obtained, but prior to receipt of a certificate of occupancy or final
inspection, no revisions shall be made to any aspect of the proposed nonresidential
development which formed the basis for the evaluation review, determination of
points and allocation rankings, unless such revision would have the effect of
increasing the points awarded.
(3) After the receipt of an allocation award, a building permit and a certificate of
occupancy or final inspection, no revision shall be made to any aspect of the
Page 14 of 22
completed nonresidential development which formed the basis for the evaluation,
review, determination of points and allocation rankings, unless such revisions are
accomplished pursuant to a new building permit and unless such revisions would
have the net effect of either maintaining or increasing the number of points originally
awarded.
0) Clarification of application data.
(1) At any time during the NROGO allocation review and approval process, the applicant
may be requested by the planning director or the planning commission, to submit
additional information to clarify the relationship of the allocation application, or any
elements thereof, to the evaluation criteria. If such a request is made, the planning
director shall identify the specific evaluation criterion at issue and the specific
information needed and shall communicate such request to the applicant.
(2) Upon receiving a request from the planning director for such additional information,
the applicant may provide such information; or the applicant may decline to provide
such information and allow the allocation application to be evaluated as submitted.
(k) Revisions of building permit applications requiring the NROGO allocation(s). A building
permit application for a proposed nonresidential floor area requiring a NROGO allocation
must be approved prior to submitting a NROGO application. In the event that the Florida
Building Code is amended between the date in which a NROGO application is submitted
and the date in which a building permit requiring the NROGO allocation(s) applied for is
issued (which follows the date in which the required allocation(s) is awarded), if
necessary, the applicant shall submit plan revisions to the building permit application
demonstrating full compliance with the current Florida Building Code in effect. These
plan revisions shall be submitted within 180 days of the NROGO allocation award date or
the applicant shall forfeit the NROGO allocation award. Following receipt of the plan
revisions, the building department shall review the revisions as if the application is new
(however retaining the same building permit number for administrative purposes), based
on the building code, for compliance prior to issuance of the building permit requiring the
NROGO allocation(s) by the building official. Such mandatory revisions and review are
limited to the modifications necessary to demonstrate compliance with the Florida
Building Code in effect at the time of building permit issuance. This is not applicable to
the Land Development Code.
(1) Application for allocation by way of the NROGO bank. The planning and environmental
resources department (department) shall maintain a record of NROGO allocations that
were not awarded in annual NROGO allocation periods. This shall be known as the
NROGO bank. As of July 12, 2012 (NROGO Year 20), the NROGO bank for each
ROGO subarea was as follows:
Big Pine Key and No Name Key ROGO
subarea
4,339 square feet
Upper Keys & Lower Keys ROGO subareas
389,991 square feet
Page 15 of 22
Prior to the opening date of NROGO Year 22 (July 13, 2013), the department shall
determine the precise balance of the NROGO bank. Commencing NROGO Year 22 (July
13, 2013 through July 12, 2014), the NROGO bank shall be divided to proportionally
distributed between the three ROGO subareas: 1) Upper Kew) Lower Keys and 3) Big
Pine/No Name Keys. The NROGO bank shall be maintained by an account per each
ROGO subarea 2aw&&1jt and a general account for the Upper and Lower Keys ROGO
subarea.
Upon availability of nonresidential floor area in a given and applicable ROGO &u4ft+e-a
account within the NROGO bank, the department shall accept applications fer from
applicants requesting the banked nonresidential floor area. The NROGO application must
be accompanied by an approved building �permit application in order to be considered.
The planning director, or his or her designee, shall review the application for
completeness. If the application is determined to be incomplete, the planning director
shall reject the application and notify the applicant of such rejection, and the reasons
therefor, within 30 days. The application shall be submitted in a form provided by the
department and meet the same requirements for a standard NROGO application as set
forth in subsection 138-52(a). Each application shall be accompanied by a nonrefundable
processing fee as established by resolution of the board of county commissioners.
E3
Sec. 138-53. Evaluation procedures for nonresidential floor area allocation.
Y.
Y.
MINE.
La)(4) Initial evaluation of allocation applications. Upon receipt of completed NROGO
allocation applications, the a:,.�ef planning director or his or her designee shall
evaluate the allocation applications pursuant to the evaluation criteria set forth in section
138-55.
(1) Within 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;
b. Total the amount of square footage for which allocation applications have been
received for Big Pine Key and NE) ,.Tame Key and � r 4ie femai 2der- of the
Page 16 of 22
Mute ,.,,tmt-, each ROGO subarea (Upper Key, Lower Key, and Big
Pine Key/No Name Key); and
c. Rank the fleef afe allocation applications, in descending order from the highest
evaluation point total to the lowest for each size ells. fie ,tio f f Big Pine and No
Name Key and the fe raor f�he tinineefpefated eetmty ROGO subarea.
may make a feeemmendation to the planning eemmission that all of the alleeation
elassifieation, is gfeatlet: 4m �he available fleet: area, the difeetet: of planning shall
Public hearings and allocation awards. Upon completion of the evaluation ranking
report and/or recommendation, the Hof planning director shall schedule and notice
a public hearing by the planning commission pursuant to otherwise applicable
regulations.
(1) At or prior to the public hearing, the planning commission may request, and the
difeetef e planning director shall supply, copies of the allocation applications and the
dife tef of „'arrirg evaluation worksheets.
(2) Upon review of the allocation applications and evaluation worksheets, the planning
commission may adjust the points awarded for meeting a particular er-iter-i criterion,
adjust the rankings as a result of changes in points awarded, or make such other
changes as may be appropriate and justified.
(3) The basis for planning commission changes shall be specified in the form of a motion
to adopt the allocation rankings and may include the following:
a. An effef in the desipation of the applieation's o ,
b—a. A mistake in the application of one or more of the evaluation criteria; and
gib. A misinterpretation of the applicability of an evaluation criterion.
(4) The public, including, but not limited to, applicants for allocation awards, shall be
permitted to testify at the public hearing. Applicants may offer testimony about their
applications or other applications; however, in no event may an applicant offer
modifications to an application that could change the points awarded or the ranking of
the application.
(5) At the conclusion of the public hearing, the planning commission may:
a. Move to accept the evaluation rankings as submitted by the a:,.�of planning
director;
b. Move to accept the evaluation rankings as may be modified as a result of the
public hearing;
c. Move to continue the public hearing to take additional public testimony;
d. Move to close the public hearing but to defer action on the evaluation rankings
pending receipt of additional information; and
e. Move to reject the evaluation rankings.
Page 17 of 22
(6) The planning commission shall finalize the evaluation rankings within 60 days
following initial receipt of the Hof planning director evaluation ranking, report
and recommendation.
Lc)(4) Notification to applicants. Upon finalization of the evaluation rankings by the planning
commission, notice of the rankings by size ells. fie ,tio shall be posted at the planning
department offices andatsaEhother- kabe desipated by the planning
semi.
(1) Applicants who receive allocation awards shall be further notified by certified mail,
return receipt requested. Upon receipt of notification of an allocation award, the
applicant may request issuance of a building permit for the applicable development of
the allocated nonresidential floor area.
(2) Applicants who fail to receive allocation awards shall be further notified by certified
mail, return receipt requested; without further action by such applicants nor the
payment of any additional fee, such applications shall remain in the NROGO system
for reconsideration at the next allocation in the current or following annual allocation
period.
Ld)fe} Identical rankings. If two or more allocation applications
receive an identical evaluation ranking and both (or all) cannot be granted allocation
awards within the allocation period, the planning commission shall award the allocation
to the completed application first submitted, based on the controlling date of the
application. If two or more such completed applications were submitted with the same
controlling date, the available allocation shall be awarded to the application with the
fewest number of negative points.
(e)Allocation by way of the NROGO bank. Concerning applications submitted pursuant to
section 138-52(1), if nonresidential floor area is available in a NROGO subarea account
within the NROGO bank, upon receipt of completed application, the planning director
shall evaluate the application pursuant to the evaluation criteria set forth in section 138-
55.
(1) Public hearing. Excluding reservations granted by the board of county
commissioners, the -The planning director shall schedule and notice the application for
review and decision by the planning commission at a public hearing_
a. Allocation by planning commission. Allocations by way of the NROGO bank
shall only be awarded four times per NROGO year, on the same public hearing
dates in which annual NROGO allocations are awarded per section 138-53(b).
Such allocations shall be awarded pursuant to subsections (e)(2) through (e)(12).
b. Reservation of allocation by the board of county commissioners. Notwithstanding
provisions of subsections (e)(2) through (e)(12), the board of county
commissioners may reserve by resolution some or all of the available
nonresidential floor area within an applicable account within the NROGO bank
for a specified development. Prior to the public hearing in which the reservation is
to be considered, the applicant shall a) if necessary, have entered into a
development agreement with Monroe County for the development requiring the
nonresidential floor area and b) if required, have been issued a conditional use
Page 18 of 22
permit for the development requiring the nonresidential floor area. Building
permits for these reserved allocations shall be picked up within six months of the
effective reservation date, unless otherwise authorized by the board of county
commissioners in its resolution. The board of county commissioners may, at its
discretion, place conditions on any reservation as it deems appropriate.
(2) NROGO si�taccounts. Beginning July 13, 2013, the NROGO bank shall consist
of tom€ four accounts. Eaek ,,,.,., u*, The first three accounts shall each represent a
ROGO subarea: l)Upper Keys, 2) Lower Keys, and 3) Big Pine Key and No Name
Key. The boundaries of the ROGO subareas are defined in section 138-20(c). The
fourth account shall represent a general or joint account for the Upper Kew
Lower Keys ROGO subareas. An applicant may only request nonresidential floor area
from the account associated with the ROGO subarea in which the subject propegy is
located. As of July 13, 2013, pursuant to section 138-51(a), the distribution of the
annual NROGO allocation shall be distributed to each of the ROGO subareas based
on the number of residential dwelling unit permits made available for each of the
ROGO subareas. The unused b4a*c-e remainders of nonresidential floor area from the
annual NROGO allocation for each of the ROGO subareas shall roll over into the
applicable subarea NROGO accounts within the NROGO bank each year, however,
not the general account for the Upper Keys and Lower Keys ROGO subareas.
Nonresidential floor area within a given subarea NROGO account shall be available
for eligible developments within the boundaries of that subarea. On the opening day
of each subsequent NROGO year (July 13), excluding the reserves provided for in
subsection (e)(4), the non -reserve balances of the Upper Keys ROGO subarea account
and the Lower Keys ROGO subarea account shall be returned to the general account
for the Upper Keys and Lower Keys ROGO subareas pursuant to subsection (e)(14).
After the return to the general NROGO account, nonresidential floor area within the
general NROGO account shall be available for eligible developments within the
boundaries of either the Upper Keys or Lower Keys subareas.
(3) Eli ib�iliU per tier designation. Only pplications for developments within Tier III
designated areas shall be eligible for allocation by way of the NROGO bank.
(4) NROGO subarea account reserves. The Upper Keys and Lower Keys NROGO
subarea accounts shall maintain reserves of 20,000 square feet each. The Big
Pine/No Name Key subarea account 4 is not required to maintain a reserve.
,.. .
Page 19 of 22
. . S
t�)� Noncompetitive applications. If the total amount of nonresidential floor area
requested in a single application or cumulatively in multiple applications by separate
applicants is equal to or less than the amount available in a NROGO subarea account
within the NROGO bank (excluding reserved floor area), the
planning commission may grant the total amount of nonresidential floor area
requested in the application(s) to the applicant(s).
&(-8-) Competitive applications. If the total amount of nonresidential floor area
requested in a single application or cumulatively in multiple applications by separate
applicants is greater than that the total amount available in a NROGO subarea
account within the NROGO bank „ew (excluding reserved floor area), the
planning director shall submit an evaluation report to the planning commission
indicating the evaluation rankings. The planning commission shall award available
nonresidential floor area in a NROGO subarea account (excluding reserved floor
area) to the applicant with most points pursuant to section 138-55. If the highest
scoring applicant does not request the entire amount available in a NROGO subarea
account within the NROGO bank, the planning commission shall award the
remaining available nonresidential floor area in a NROGO subarea account within the
NROGO bank (excluding reserved floor area,) to the application with the second
highest score and so on until a NROGO subarea account within the NROGO bank
reaches its balance (excluding reserves)
LIM Single application requesting more than the balance in a NROGO subarea
account. If there are not any competing applications, the planning commission may
grant the total amount of nonresidential floor area available in a NROGO subarea
account excluding reserved floor area) to the applicant and require the applicant to
acauire the remaininiz nonresidential floor area through the NROGO hermit allocation
system.
f.�)008 De minimis applications. Square footage for de minimis applications may be
deducted from the annual NROGO allocation or the NROGO bank. Nonresidential
floor area permitted via de minimis shall be deducted from the NROGO subarea
account in which the property is located.
11 "Testimony. The public, including but not limited to applicants, shall be permitted
to testify at the public hearing. Applicants may offer testimony about their
applications or other applications, however, in no event may an applicant offer
Page 20 of 22
modifications to an application that could change the points awarded or the ranking of
the application.
12 " Decision by the planning commission. At the conclusion of the public hearing,
the planning commission may_
a. If applicable, move to accept the evaluation rankings as submitted by the planning
director,
b. If applicable, move to accept the evaluation rankings as may be modified as a
result of the public hearing_,
c. Move to continue the public hearing to take additional public testimony,
d. Move to close the public hearing but to defer action on the evaluation rankings
pendingreceipt eceipt of additional information, and
e. Move to reject the evaluation rankings.
Within 60 days of the public heariniz_ the nlanniniz commission shall render its final
decision on an application for an allocation by way of the NROGO bank by
resolution. If an approval, the resolution shall be issued and pass all relevant appeal
periods prior to issuance of a buildiniz hermit reauiriniz the nonresidential floor area
awarded by the resolution.
13 " Opening balances for the first three subarea NROGO s-�f accounts as o�
NROGO Year 22 (July 13, 2013). The opening balances for each subarea NROGO
&ubflfea account shall be determined and calculated by the planning department based
on available and unused annual nonresidential floor area from NROGO Years 10
through 21.
(14) Opening balance for the fourth general NROGO account for the Upper Keys and
Lower Keys ROGO subareas as of NROGO Year 22 (July 13, 2013). The opening
balance for the general NROGO account for the Upper Keys and Lower Keys ROGO
subareas shall be zero (0) square feet of nonresidential floor area. The account may
have nonresidential floor area distributed to it on the opening date of each subsequent
NROGO Year thereafter pursuant to subsection (e)(15).
(15) Return to the general NROGO account for the Upper Keys and Lower Keys
ROGO subareas. Commencing NROGO Year 23 (July 13, 2014), on the opening date
of each NROGO Year, excluding the reserves provided for in subsection (e)(4), the
non -reserve balances of the Unner Kevs ROGO subarea account and the Lower Kevs
ROGO subarea account shall be returned to the single, general or joint account for the
Upper Keys and Lower Keys ROGO subareas.
(16) Notification to the general public of the availability of the NROGO account
balances. For each of the four planning commission public hearings in a given
NROGO Year in which NROGO allocations may be awarded, the planning
department shall provide a detailed report to the planning commission and general
public providing the exact balances of nonresidential floor area that exist within each
the four accounts of the NROGO bank. In addition, these balances shall be provided
Page 21 of 22
in the newspaper advertisements for the planning commission public hearings (as
required by section 110-5) in which NROGO allocation awards may be awarded.
Page 22 of 22
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MONROE COUNTY,FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. - 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 138-52, APPLICATION
PROCEDURES FOR NROGO; SECTION 138-53, EVALUATION
PROCEDURES FOR NONRESIDENTIAL FLOOR AREA
ALLOCATIONS; ESTABLISHING NEW DEFINITIONS;
ESTABLISHING A MECHANISM TO ALLOCATE
NONRESIDENTIAL FLOOR AREA UNALLOCATED IN
PREVIOUS YEARS; 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. 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. As of July 12, 2012, for
the Upper/Lower Keys areas (excluding Big Pine/No Name Keys), 389,991 square feet (and
growing) had not been utilized for development. In addition, as of July 12, 2012, 4,339 square
feet of the square footage had 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; and
WHEREAS, this amendment establishes an application process for the NROGO bank, a
codified mechanism to allocate nonresidential floor area that went unallocated in previous years;
and
WHEREAS, in order to have proportional nonresidential growth, as part of a concurrent text
amendment, the Land Development Code is being amended so that the annual NROGO
allocation is proportionately divided into the three ROGO subareas (Upper Keys, Lower Keys
and Big Pine/No Name Keys). Currently, the annual allocation is divided between the two
Page 1 of 15
Upper/Lower Keys subareas and the Big Pine/No Name Keys subarea as required by the Big
Pine and No Name Keys CommuniKeys Plan. As such, the NROGO bank shall be distributed
proportionately; and
WHEREAS, for the opening balances of the Upper and Lower Keys ROGO subarea accounts
(as of the beginning date of NROGO Year 22- July 13, 2013), 50% of the banked amount shall
be distributed to the Upper Keys and the remaining 50% of the banked amount shall be
distributed to Lower Keys; and
WHEREAS, in each the Upper and Lower Keys ROGO subarea account, there all be a reserve
balance of 20,000 square feet; and
WHEREAS, based upon the information and documentation submitted, the Commission 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 tote 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;
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 (deletions
are stiekew4hwu& and additions are underlined. Highlighted text is being changed as part of a
concurrent text amendment):
Sec. 138-47. Nonresidential rate of growth ordinance (NROGO).
(a) Definitions. The following words, terms and phrases, when used in this article, all 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.
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.
Page 2 of 15
Annual nonresidential ROGO allocationAWLAftMW_W
A—
means the maximum floor area dW may be kowd
i g an annual allocation period.
Buildable lot or parcel, for the purposes of this obapta g4jele, means a lot or parcel
whichcontain ° of 2,000 square feet of uplands, including is
wetlands t can be filled.
a r f t'"ran
e
Wa110 tr
a b, i1dm
Community aster plan means a plan adopted by the board of county commissioners as
part of the Monroe County va e CommuniKeys Program.
Controlling date means the same as definedin section 1 ® (a), except its all apply to
NROGO applications under this article.
Historic resources means a building, structure, site, or object listed or eligible for listing
individually s a contributing resource in a district in the National Register of Historic
Places, the state inventory of historic resources r the county register of designated
historic properties.
p'6
Lawfully established ROGOINROGO exemption e s a residential dwel in °t or
nonresidentialfloor area that has received a permit or other official approval o e
division of growth management for the units unit or nonresidential floor area.
Nonresidential floor area means the sum of the groe-' l" loon area fora nonresidential
wilding or structure, as defined in section 101 m 160,
„
"
r ,.
Additionally, bo covered and unenclosed
boat racks with three or fewer sides not associated with retail sales of boats A
e not considered
nonresidential oor to "nonresidential floor area" does not
include ace occupied y residential pvkwipal use.
Page 3 of 15
ffl ME
Nonresidential ROGO allocation, also referred to as NR.OGO allocation, means the
maximum amount of nonresidential floor area may be is'smod
aU in a given time period.
Nonresidential RO'G ) allocation award, also referred to as NROGO allocation award,
means the approval of a nonresidential ROGO application prior to the application and
subsequent issuance of a building permit to authorize construction of new nonresidential
floor area.
Nonresidential c"Ofl ) lrarak also referred to as NROGO bank" means the cumulative
. _ ..mm
total of a OGO allocations that were not awarded and thereby.not allocated due to a.
lack of demand, b) nonresidential floor area not made available for the annual F�OGO
.._ _ _ ed
allccatttrn„b e board of county commtssxoner ° d a.11ocateaJ nonresidential floor,
area reclaimed due to the ab dor ent_.or ex iration of a roved develo meat that
received a NR(.GO allocation award.
Nonresidential ROGO accea �mmalso referred. to as NR(1�:�O, account means one of the
four accounts that cumulative) establish the 1l Cif b There are four accounts
"thin the NROGO bank with each c ent balance of nonresidential
floor area; lie UppeK.lie s RO GO subarea account: 2 th. lei 1 Pine/No p e .RO(.i
subarea account dlower
Keys .eneral�joint acca.�un�
tt l" IMA
ZIM 1-1010t, a
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, camper's,
equipment, goods and materials for more than 24 hoursa The to "storage ea" includes
a contractor's equip ent storage, but does not include outdoor retail sales ' h i
&fIned in seed .101-1. This is considered a light industrial use and does not include
waste transfier stations,junk-yards, yafds or other heavy industrial uses.
(b) Pui7)ose and intent. The ,purposes and intent of the nonresidential rate of gowth
ordinance M are:
Page 4 of 15
(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 permit issued through the residential rate of growth ordinance
(ROGO)higWaiijifij.
(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 138-52 of the Monroe County Code shall be amended as follows (deletions
are and additions are underlined):
Sec. 138-52. -Application procedures for NROGO.
(a) Application for allocation by way of the NROGO allocation system. The planning and
environmental resources department shall accept applications to enter the NROGO
system. The NROGO application must be accompanied by an approved building permit
application in order to be considered in the annual period. The
Legory an award-4. being11en+'On must state for
, The planning director, or his or her
designee, shall review the NROGO application for completeness. If the application is
determined to be incomplete, the planning director, or his or her designee, shall reject the
NROGO application and notify the applicant of such rejection, and the reasons therefor,
within ten working days. If determined to be complete,the application shall be assigned a
controlling date. The NROGO application shall be submitted in a form provided by the
planning and environmental resources department and meet the following requirements:
(1) The application shall include a) the name and address of the property owner(s) of
record, b) the property record card(s) from the Monroe County Property Appraiser, c)
a written legal description of the property proposed for development, d) a boundary
survey of the property proposed for development, prepared by a surveyor registered
in the State of Florida, showing the boundaries of the site, elevations, bodies of water
and wetlands on the site and adjacent to the site, existing structures including all
impervious areas, existing easements, total acreage and total acreage by habitat and e)
a site plan. The boundary survey and site plan may be filed with the corresponding
building permit application. Additional copies of the boundary survey and site plan
are not required to be filed with the NROGO application.
(2) If a conditional use permit is required in accordance with this Land Development
Code for the development applied for, the conditional use permit shall be obtained
Page 5 of 15
and effective prior to submittal of any NROGO application. A copy of the recorded
development order shall be submitted with the NROGO application.
(3) The site plan shall be prepared and sealed by a professional architect, engineer, or any
other professional licensed to prepare a site plan. The site plan shall be drawn to a
scale of one inch equals ten feet or one inch equals twenty feet. At a minimum, the
site plan shall depict the following features and information:
a. Date, north point and graphic scale;
b. Boundary lines of site, including all property lines and mean high-water lines
shown in accordance with Florida Statutes;
c. All attributes from the boundary survey;
d. Future Land Use Map (FLUM) designation(s) of the site;
e. Land Use (Zoning) District designation(s)of site;
f. Tier designation(s) of the site;
g. Flood zones pursuant to the Flood Insurance Rate Map;
h. Setback lines as required by this Land Development Code;
i. Locations and dimensions of all existing and proposed structures, including all
paved areas and clear site triangles;
J. Size and type of buffer yards and parking lot landscaping areas, including the
species and number of plants;
k. Extent and area of wetlands, open space preservation areas and conservation
easements;
1. Delineation of habitat types to demonstrate buildable area on the site, including
any heritage trees identified and any potential species that may use the site
(certified by an approved biologist and based on the most current professionally-
recognized mapping by the U.S. Fish and Wildlife Service);
m. Drainage plan including existing and proposed topography, all drainage
structures, retention areas, drainage swales and existing and proposed permeable
and impermeable areas;
n. Location of fire hydrants or fire wells;
o. The location of public utilities, including location of the closest available water
supply system or collection lines and the closest available wastewater collection
system or collection lines (with wastewater system provider) or on-site system
proposed to meet required County and State of Florida wastewater treatment
standards; and
p. A table providing the total land area of the site, the total buildable area of the site,
the type and square footage of all nonresidential land uses, the type and number of
all residential dwelling units, the amounts of impervious and pervious areas, and
calculations for land use intensity, open space ratio, and off-street parking.
(b) Fee for review of application. Each NROGO application shall be accompanied by a
nonrefundable processing fee established by resolution of the board of county
commissioners. Additional fees are not required for successive review of the same
NROGO application unless the application is withdrawn and resubmitted.
(c) Compliance with other requirements. The NROGO application shall not constitute an
indication of whether or not the applicant for the nonresidential floor area allocation has
Page 6 of 15
satisfied and complied with all county, state, and federal requirements otherwise imposed
by the county regarding conditions precedent to issuance of a building permit.
(d) Time of review. The planning director may retain the allocation application and its
associated building permit application for review pursuant to the evaluation procedures
and criteria set forth in section 138-53 and section 138-55.
(e) Non-county time periods. The county shall develop necessary administrative procedures
and, if necessary, enter into agreements with other jurisdictional entities which impose
requirements as a condition precedent to development in the county, to ensure that such
non-county approvals, certifications and/or permits are not lost due to the increased time
requirements necessary for the county to process and evaluate NROGO applications and
issue allocation awards. The county may permit evidence of compliance with the
requirements of other jurisdictional entities to be demonstrated by coordination letters in
lieu of approvals or permits.
(f) Limitation on number of applications.
(1) An individual entity or organization may have only one active NROGO application
per site in the allocation period.
(2) There shall be no limit on the number of separate projects for which NROGO
applications may be submitted by an individual, entity or organization.
(g) Expiration of allocation award. An allocation award shall expire when its corresponding
building permit is deemed to expire pursuant to chapter 102, article VII, after 60 days of
mailing of notification for the award of the allocation of nonresidential floor area or after
failure of the applicant to submit required plan revisions by the required date set forth in
subsection(k).
(h) Withdrawal of NROGO application. An applicant may elect to withdraw a NROGO
application without prejudice at any time up to finalization of the evaluation rankings by
the planning commission. Revision and resubmission of the withdrawn application must
be in accordance with subsection (i)of this section.
(i) Revisions to applications and awards.
(1) Upon submission of a NROGO application, an applicant may revise the application if
it is withdrawn and resubmitted prior to the allocation date for the allocation period in
which the applicant wishes to compete. Resubmitted applications shall be considered
new, requiring payment of appropriate fees and receiving a new controlling date.
(2) After receipt of an allocation award, and either before or after receipt of a building
permit being obtained, but prior to receipt of a certificate of occupancy or final
inspection, no revisions shall be made to any aspect of the proposed nonresidential
development which formed the basis for the evaluation review, determination of
points and allocation rankings, unless such revision would have the effect of
increasing the points awarded.
(3) After the receipt of an allocation award, a building permit and a certificate of
occupancy or final inspection, no revision shall be made to any aspect of the
Page 7 of 15
completed nonresidential development which formed the basis for the evaluation,
review, determination of points and allocation rankings, unless such revisions are
accomplished pursuant to a new building permit and unless such revisions would
have the net effect of either maintaining or increasing the number of points originally
awarded.
0) Clarification of application data.
(1) At any time during the NROGO allocation review and approval process, the applicant
may be requested by the planning director or the planning commission, to submit
additional information to clarify the relationship of the allocation application, or any
elements thereof, to the evaluation criteria. If such a request is made, the planning
director shall identify the specific evaluation criterion at issue and the specific
information needed and shall communicate such request to the applicant.
(2) Upon receiving a request from the planning director for such additional information,
the applicant may provide such information; or the applicant may decline to provide
such information and allow the allocation application to be evaluated as submitted.
(k) Revisions of building permit applications requiring the NROGO allocation(s). A building
permit application for a proposed nonresidential floor area requiring a NROGO allocation
must be approved prior to submitting a NROGO application. In the event that the Florida
Building Code is amended between the date in which a NROGO application is submitted
and the date in which a building permit requiring the NROGO allocation(s) applied for is
issued (which follows the date in which the required allocation(s) is awarded), if
necessary, the applicant shall submit plan revisions to the building permit application
demonstrating full compliance with the current Florida Building Code in effect. These
plan revisions shall be submitted within 180 days of the NROGO allocation award date or
the applicant shall forfeit the NROGO allocation award. Following receipt of the plan
revisions, the building department shall review the revisions as if the application is new
(however retaining the same building permit number for administrative purposes), based
on the building code, for compliance prior to issuance of the building permit requiring the
NROGO allocation(s) by the building official. Such mandatory revisions and review are
limited to the modifications necessary to demonstrate compliance with the Florida
Building Code in effect at the time of building permit issuance. This is not applicable to
the Land Development Code.
(1) Application for allocation byway of the NROGO bank. The planning and environmental
resources department (department) shall maintain a record of NROGO allocations that
were not awarded in annual NROGO allocation -periods. This shall be known as the
NROGO bank. As of July 12, 2012 (NROGO Year 20), the NROGO bank for each
ROGO subarea was as follows:
Big Pine Key and No Name Key ROGO 4,339 square feet
subarea
Upper Keys & Lower Keys ROGO subareas 389,991 square feet
Page 8 of 15
prior-12-jho- c�t e 'lr�: date of NROGO Year 22_(Jul 013 de artment shall
detqmipg the-precise 1�alance cif the NR.OGO bank. Commencing NROGO Year 22 JLuly
13, 201- throe h Jul 12�2Q]4). the NROCTO batik hall be! p o ally distributed
L_ �� _Lj�gp AiQn __ —
teen the three ROGO subareas: I LUMpL Ke s., 2 over Ke�saud3jBi ine/No
NR.OGO bank. shall be maintained by an account er each ROGO
subarea and a fgeneral account for the jjppgL and-L2AgLKUs ROGO subarea.
GO account
within the NROGO bank,. the de aartmcnt Ahall accept a 1
fp�estifl& the banked nonresidential floor area. The NROGO a Aication must, be
acc ion in order to be considered. The
planning direcL.o.r.,or his or her `fff
the Application is deterr nned to be incomplete,the planning director shall reject the
for J--
reasons there within 30
--- .,
days. The applicLation shall be submitted in a form prodded the deg ent and meet
the same require ents for a standard NROGO a lication as set forth in subsection 138-
r
established bvresolution of the board of count ,coning.is.sioners.
Section 3. Section 138-53 of the Monroe County Code shall be amended as follows (deletions
are s#ieken4hro*i and additions are p�derlipgd):
® 138-53. Evaluation procedures for nonresidential floor area allocation.
--.4—A --j
le4he-seeond-alloeatkin-date—, &9-pawof4ii-,�i�, s
ab
t.
.5 1 e eu
E4
fif i(YA-;
wea---fand
ru RIV
(4)-Afty-c4�4ft ive-p4an-.
Ua (b) Initial evaluadon of allocation applications. Upon receipt of completed NROGO
allocation applications, the difeetef-4 planning director or his or her designee shall
evaluate the allocation applications purse to the evaluation criteria set forth in section
138-55.
(1) Within 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;
Page 9 of 15
b. Total the amount of square footage for which allocation applications have been
received for
each ROC ROGO s .1 er Ke s° Lovwer Ke s° d i
Pine Ke o �e e d
co Rank the f oof aFe allocation applications, in descending order from the highest
evaluation point total to the lowest for eac -f. . . .
ROGO subarea.
( ) Publics hearings and allocation aivar°ds° (Jpon completion of the evaluation ranking
report and/or recommendation, the f planning director shall schedule and notice
a public hearing by the planning commission pursuant to otherwise applicable
regulations.
(l) At or pricer to the public hearing, the planning commission may request, and the
planning director shall supply, copies of the allocation applications and the
dir-eet f evaluation worksheets.
(2) Upon review of the allocation applications and evaluation workslilects, the planning
commission may adjust the points awarded for meeting a particular efitena, criterion,
adjust the rankings as a result of changes in points awarded, or make such other
changes as may be appropriate and justified,.
(3) The basis for planning commission changes shall be specified in the fa .fon.n of a motion
to adopt the allocation rankings and mayinclude the following:
bra. A mistake in the application of one or more oft e evaluation criteria and
e -b. A misinterpretation of the applicability of an evaluation criterion,.
( ) The public, including, but not limited to, applicants for al..location wards, shall be
permitted to testify at the public hearing. Applicants may offer testimony about their
applications or other applications; however, in no event may an applicant offer
modifications to an application that could change the points awarded or the ranking of
the application.
(5) At the conclusion.of the public hearing;, the planning commission may:
a° Move to accept the evaluation rankings as submitted byte et planning
b. Move to accept the evaluation rankings as may be modified as a result of the
public bearing;
c. Move to continue the public hearing to take additional public testimony;
d. Move to close the public hearing; but to defer action on the evaluation rankings
pending receipt of additional. information.; and
Image 10 of 15
e. Move to reject the evaluation rankings.
( ) The planning ing commission s finalize the evaluation rankings within 60 days
followings initial receipt oft e di planning director evaluation ranking, report
and recommendation.
c otrficaflon to applicants. I...Jpon finalization of the evaluation rankings by the planning
commission, notice of the rankings .:i 1 be posted at the plam.iing
department offices
(1) Applicants who receive allocation awards shall be further notified by certified mail,
return receipt requested. .1pon receipt of notification of an allocation award, the
applicant may request issuance of a building permit for the applicable development,of
e allocated nonresidential floor area.
( ) Applicants who fail to receive allocation.awards shall be further notified by certified
mail, return receipt requested; without further action. by such applicants nor the
payment of any additional fee, such applications shall remain in the I ltf)GO system
for reconsideration at the next allocation in the current or following annual. allocation
period"
d Identical rankings. If two or more allocation applications " °
receive an identical evaluation. ranking o (or l ) cannot be granted allocation
awards within the allocation period, the planning commission s all award the allocation
tote completed application first submitted, bayed on the controlling ate oft e
application. If two or more such completed applications were submitted with the same
controlling) date, the available allocation. shall be awarded. to the application with the
fewest number of negative points.
LeLAILocalion b w tlr l C:�t C> a rrka ;car c main a alications s lanaitteclJPursuaryt to,
sectipn 1 -52 1 of no esidential. floor area is awrailable in a 1W17OG subarea account
within the I�J1�r� .r b" k u carp reci t of cairn feted apralicatis�xa, the lanningdir°ecto
shall evaluate the a lication ursuant to the ewralualiora criteria set forth. in section 1 ®
55.
1 Public hear°irx xcludin re�ezy tic�ps anted by tlae ca rd of countw�
commissioners the daljqning director shall schedule and notice the application for
review;,and decision b the l . in commission at a ublic l�earin
a" Allocation b a la nni commission. Allocations b way of the 1 .() iC? bank
shall only awarded :four tinges per NR.f)GO year, on the sagmLeTublic. hearin.
dates in which annual NROGO allocations are awarded cr scction 1 3
Such allocations shall be awarded su° t to,subsections tlarcau he f 12
b. Reservation ca `srlloc°czCraa�a„ t c� laaacrrmcl���aar�rat�ccarrrraarssrcarxer°�°. tatwilhs " din
p)yisi�ons� of subsections 2 arou�h (eX12) the board of ar it
commissioners nag fear ro"acts in ea:awess of 10 000 s u e feet of nonresidential
floor are res� resolutions for up to ei teen 1. `' rnopt s, some or all of the
available nonresidential floor area within_ n,, applicable account within the
NROGO bank for a ITspc��Lified develop. ant. Prior to the ublic hearin, in wuhiea
the reservation is to be considered, the Wlicant shall a1 mmif necessgy, 1fave
Page 11 of 1
entered into a development agreement with MonLoe Ca
q:i�rdhqvg. been issued a
conditio nresidential floor area.
B six
months of the effective reservation date-,unless o#ier.,wise authori:eed b the board
of count _gpMn1issioners in its resolution. The board of couij!ygom.u.i.ssi hers
mav, at its discretion lace conditions on.any reservation.as it deems annromiate.
Q_j�RQG accoynts. Bp July 13, 2011.3, the NROGO bank shall] consist of four
accounts. The first three accounts shall each re resent a RQGQ subare�wl JMeLr
Kevs, 2) LoNver.lies and. .3 and N�ame Big Pine K gy Key. The boundaries of the
g_ K
ROGO subareas are defined in section 138-20(c). The fourth account shall-jores(Lpt a
general or ioint account for the LJTqer Kes and LomreLKeys ROGO subareas. A—rk
applicant mqy only request nonresidential floor area from the account associated with
the ROGO subarea in which the sq _I
.-..............- b-ject properl is located. As of�Jltil 1�3 QL3,
Rpujrs�qant to section 138-5 ion shall
be distributed to each of the ROGO subareas based on the number of residential,
d�Kgllin GO subareas. The unused
remainders of nonresidential floor area, from the annual NROGO allocation for each
of the ROGO subareas shall, roll over into the annficabi subarea NROGO accounts
within the NROGO bank
�,(ags and Lower Keys ROGO subareas. Nonresidential floor area within-A-given
subarea NROGO account shall be available Lbr-eli ible developments within the
boundaries of that subarea. On
(July--13),cNcjj udin the reserves�rovi�&Ld for iR.subsection feJ41 the non-reserve
balances of the Upper Re RQGQ subarea accqprit and the LoLy Ke�sRQ�GQ
subarea account shall be returned to the general accotmtJoLlhe TJ eL.Kcys and
Lower&yLROGO subareas Merrs pqnt..�Lojiijbsection e 14 . After the retum to the
aeneral NROGO account, ngnresidential floor area within _!hcL.ZqngaI NRQQO
account shall. be available for eliaible develp2ments Within the boundaries of either
the pper Key's or Lower Keys subareas.
(D Eljgi lit eL t to mgnts witWn...' ier III
_y-p
esialurated areas shall be eligible for allot ti n b wva of'thc
GO bank,
(4),_NR.OGO subarea account reserves. The Upper d Lower Keys NROG
;ergs
subarea accounts shall maintain. reserves of 20�O 0 s O oars feet each, fti ,
Pin.eNo Name Ike sLbqrea 4Lccjij�t is not re, raised to main ariarq s,_�j_
Lc�giQns._LtL the totpl......aniourit of nonresidential floor area
rp e
nested in a, sin a .fication or ctimplativ ly in multiple a licatiqns arage pp
WjL,ligtnts isjqLi I�to q�less than the amount available in a NROGO subarea account
within the NROGO bank (excLudj,4 reserved floor area the )Iaqqi i&gQiLinussicL
may-1grailt the WWI amount of nonresidential floor area]Tested in the appfiLation Us,
to thq2q li.cant s)-
Page 12 of 15
&-(e' I�` ` �If the total amount of nonresidential floor area gynDefitive Qjg
licants is
grent gt..than that the total amount available in a,NROGO subarea account within the
NR(lGO bgp�kexcluding_reseryed floor area),the vtannin director shall submit an
evaluation use ffli4nkingsa �Tc
planning cgramission shall award available nonresidential floor area in a NROGO
subarea account (e clgding reserved floor area). to the applicant with, m2g-points
p rsuant to section 138-55. If the highest scorin, a plicant does not re quest the entire
atnount available in a NROGO subarea account within the NROGO bank the
pll rxra.iu7 coz fission shall,award the re ainirt a�raila le ruon.resi�der�tiiull door area in
a NROGO subarea, account, within the NROGO-h
to the application with the second hiphest score and so on until a NTkQQO subarea
account within the ail' OGO bank reaches its balance (excluclin� es
`T °iru A cu .lire a�a -LegyLsting more than the balance in a NROGO subarea account.
If there are not qny_!goqiMtin a p Lications lee 2lanninr commission nia grant the
total amount of nonresidential. floor area available in a NROGO subarea account
Uplicant�toqc(�ujre
.the remainin no nresidential floor
5y stern.
(K-De mighnis e fcau arvrs, but e fa ota a for de ruuiniu is a licatioru s qua be
deducted from the annual NROGO allocation or the NROGO bank. Nonresidential
is shall be deducted from the NROGO subarea
accotmt in)ybich the
rcaertis located.
starrcrrx . The uubla"c in.cluudirr bout not, llrruited to a lucauxts, shall be laerrruittecl to
tLestify at theTijblic he, ApplicaLi!Lmnoft r testirnon aboeut th ug a lacatiops
or gather-#pplicationsmodifications to an.
AM. lication thatould c ication.
-�L—
LUO .RecLyjqLi b ter (ax rna a r;arrr rr rs.°iqn. At the conclusion f the blic hearin the
p 11 ag nR nn i R
a. It'applicatble move to A"Le t the evaljLqtioR nankin,s as s ubmiap ,b�hq ja ai
bj If al pl.icabl�emovq.j.q ac t the eyduation rankifts as n1U be niodified w
result of the public heari
c......Move to Continue the,pjLblj!-hq46Tyto take additional_public test:j------
d. Move to close thepqhtLqLicaring.but to defer action on the evaluation 1,
pqpdin, rec6pLKa -tjonqLiAtorynqtion
e. Move to reject the evaluation rankings,
Within 60 days.of the ublic Darin gthe-pIaqnjLng mission. shall render its final
decision on an guar lication for ati allocation by may-of the NROGO bank by
resolution. I AR resolution shall ssj!�,dwid�qss all reley M al f -�!�ovql�the _h _j_ ant ,pgL
Page 13 of 15
p ssuance of a qrJ(:)ds prior to .......pf a burn dink_perrp: eqW6n���� loor arc4
avaarded..b y the resolution.
LUI QTeningl al raz ,.sjq r OGO Y ar
Z2dAIL13 2( he.MgWn balarrces fir etch subarea NROGO account shall be
determined and calculated by h deanmeat based on available and unused
L-g,TLqB. _qi!M_ a --qd
annual nonresidentialfloor area from NR.OGO Years 10 Ltirough ZL
0 accountJ CLQper Keyy and
L22fa�r° rr ) � .1ybareas as oLNROGO )"eaL2L(.' The openi!1z
balance for the OGO
..........
,subareas sbalt_hcLzero s L)0 ugg feet of nonresidential floor area. Tbe account m qt e..................— 9-1y
have nonresidential floor area distributed to it on the aeni ate of each s_Vbs Squent
NROGO Year thereafter pursuant tea subsection e 151.
L13)_Return to the neral NROGO account., orA! er�Ki,, �s�an,,L .ower Wqy�_&_ IL -L— & -
ROGO subqi.x.,ay....Cornmencin�YNROGO Year 2-3 �UTUII�3201�4 c n Y date
......on.;%e M��
of each NROGO Year, excludi n Ythq-rese,r,vgs .pLovided for in cur!�gqfion ,c 4 the
_CJLJ _
non-reserve balances of the Up (,W,r Ka GO subarea account and the L(LweL Keys
-_
RO( subarea account shall be returned to the sine le (,,)r oin ac un fc th co t )r e
U RpeLr KeyLpnd L—ower Keys ROQQ stLboLeas.,
(14J_I °ou flc.q he Xeneral �ubLic o qvqLlabilily o he.. NROGO account
_L _� _J_L-
balances. For each of the foui......p commission. ubuc hean La�Lnhi& commission ublic heari-ggs ivgL
NRO( 0 Year in which NR.OGO allocations ma be oLw
............. La1dgA,_Ae _planning
de artmcnt shall pLovidp...a detailed retaca t t.ra tlne 1 fru ceannnr ssic n and 3,en�eral
uublic exact bqlances_2f nonresidential floor area that exist within each.
the four accounts of the NROGO bank. In addition.these balances shall be �rovidedi
in the new gala advertisements for the anning orniT Li�.5jon blic pL— -�-- --2�hearin�Ys
Lequired by_sect,ion 110- NROGO allocation awards ran be awarded.
..........
Section 4. Application.
Ms ordinance applies to applications submitted on or after the commencement of Period I of
NROGO Year 22, which is July 15, 2013. In the event that the ordinance is not effective as
provided in Section 8 and 10 belo , this ordinance shall apply to applications subi-nitted on or
after the commencement of Period 2 of NROGO Year 22, which is January 14,2014.
Section 5, Severabilily.
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 judonent 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 suchJ udgment or decree shall be rendered.
Page 14 of 15
Section 6. Conflicting Provisions.
All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the
extent of said conflict.
Section 7. 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 8. 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 10 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
ordinance, and if the final order is challenged, until the challenge to the order is resolved
pursuant to F.S. Chapter 120.
Section 9. Inclusion in the Monroe Countv 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 10. 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 day of , 2013.
Mayor George Neugent
Mayor Pro Tem Heather Carruthers
Commissioner Danny Kolhage
Commissioner Sylvia Murphy
Commissioner David Rice
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Attest: Amy Heavilin, Clerk
By By
Deputy Clerk Mayor George Neugent
Page 15 of 15