Item D1 Chapter 138Monroe County Comprehensive Plan Update
Chapter 138 RATE OF GROWTH RESTRICTIONS (ROGO /NROGO)
ARTICLE L IN GENERAL
See. 138 1 zi—eals
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Secs. 138 - 1138 -18. Reserved.
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Land Development Code: Sept 2015
Monroe County Comprehensive Plan Update
ARTICLE II. RESIDENTIAL RATE OF GROWTH LIMITATIONS (ROGO)
Sec. 138 -19. Residential r-Rate of gGrowth eOrdinance (ROGO).
(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 period means a defined period of time within which applications for the residential
ROGO allocation will be accepted and processed.
Annual allocation period means the 12 -month period beginning on July 13, 1992, (the effective
date of the original dwelling unit allocation ordinance), and subsequent one -year periods.
Annual residential ROGO allocation means the maximum number of dwelling units for which
building permits may be issued during an annual allocation period.
Buildable lot or parcel, for the purposes of this chapter, means a lot or parcel which must contain
a minimum of 2,000 square feet of upland, including any disturbed wetlands that can be filled.
Controlling date means the date and time a ROGO application is submitted. This date shall be
used to determine the annual anniversary date for receipt of a perseverance point and shall
determine precedence when ROGO applications receive identical ranking scores. A new
controlling date shall be established based upon the resubmittal date and time of any withdrawn
or revised application, except pursuant to sSection 138- 25(h).
Lawfully established for ROGO/NROGO exemption means a fe '�l dwelling unit or
nonresidential floor area that has received a permit or other official approval from the division of
growth management for the unit and /or nonresidential floor area.
Quarterly allocation period means the three -month period beginning on July 13, 1992, or such
other date as the board may specify, and successive three -month periods.
Quarterly residential ROGO allocation means the maximum number of residential dwelling
units for which building permits may be issued in a quarterly allocation period.
Residential dwelling unit ( dwellia unit) means a dwelling unit as defined in sSection 101 -1, and
expressly includes the following other terms also specifically defined in Section 101 -1: rooms,
hotel or motels, campground spaces„ mobile homes; transient r°si�r units;, and institutional
residential units (except hospital rooms).
Residential ROGO allocation means the maximum number of dwelling units for which building
permits may be issued in a given time period.
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Monroe County Comprehensive Plan Update
Residential ROGO allocation award means the approval of a residential ROGO application for
the issuance of a building permit.
ROGO application means the residential ROGO application submitted by applicants seeking
allocation awards.
(b) Purpose and intent. The purposes and intent of residential ROGO are:
(1) To facilitate implementation of goals, objectives and policies set forth in the
comprehensive plan relating to protection of residents, visitors and property in the county
from natural disasters, specifically including hurricanes;
(2) To limit the annual amount and rate of residential development commensurate with
the county's ability to maintain a reasonable and safe hurricane evacuation clearance
time;
(3) To regulate the rate and location of growth in order to further deter deterioration of
public facility service levels, environmental degradation and potential land use conflicts;
(4) To allocate the limited number of dwelling units available annually hereunder, based
upon the goals, objectives and policies set forth in the comprehensive plan; and
(5) To implement goal 105 of the comprehensive plan.
Sec. 138 -20. General pProvisions.
(a) Residential ROGO allocation award required.
No building permit shall be issued for a new dwelling unless the dwelling unit has received a
residential dwelling unit allocation award, or is determined to be exempt as provided below.
(b) Yearly review and monitoring.
As required by the c-Comprehensive pPlan, as requested by the Pplanning Csommission or the
BOCC or as otherwise necessary, the Pplanning Ddirector shall consider the rate, amount,
location, and ratio of market rate to affordable housing residential dwelling units available for
development in the county. The Pplanning Ddirector shall also monitor the effects of such
development and determine the conformity of such development with the comprehensive plan
and this chapter. This review, in whole or in part, may form the basis for recommendations by
the Pplanning Ddirector or the Pplanning Cc-ommission to the BOCC for action to repeal,
amend or modify the ROGO allocation system.
(c) The ROGO allocation system shall apply within the unincorporated area of the county outside
of the county mainland, and such area, for purposes hereof, has been divided into subareas as
follows:
(1) Upper Keys: the unincorporated area of the county north of Tavernier Creek and
corporate limits of the Village of Islamorada (approximately mile marker 90).
(2) Lower Keys: the unincorporated area of the county from the corporate limits of the
Village of Islamorada (approximately mile marker 72) south to the corporate limits of the
City of Key West at Cow Key Bridge on U.S. Highway 1 (approximately mile marker 4),
excluding Big Pine Key and No Name Key.
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Monroe County Comprehensive Plan Update
(3) Big Pine Key and No Name Key: the islands of Big Pine Key and No Name Key
within unincorporated the county.
Sec. 138 -21. Type of dDevelopment -aAffected.
The residential ROGO shall apply to all residential dwelling units including institutional
residential uses, such as nursing homes and rehabilitation centers, for which a building permit is
required by t4is ehap °r and for which building permits have not been issued prior to July 13,
1992, except as otherwise provided herein.
Sec. 138 -22. Type of dDevelopment nNot -aAffected.
The residential ROGO shall not apply to the development described below:
(a4-) Redevelopment on -site.
Redevelopment, rehabilitation or replacement of any lawfully established r� '�r dwelling
unit or space that does not increase the number of r°s��r dwelling units above that which
existed on the site prior to the redevelopment, rehabilitation or replacement shall be exempt from
the residential ROGO system.
The Pplanning Ddirector shall review available documents to determine if a body of evidence
exists to support the lawful existence of units on or about July 13, 1992, the effective date of the
original ROGO. Such evidence shall be documented and submitted to the Pplanning Ddirector on
a form provided by the pPlanning and eEnvironmental -FResources
Department Any issued Monroe County building permit(s) for the original construction of the
structure confirming the existence of the dwelling unit and its use(s) on or about July 13, 1992
can stand as the only piece of evidence for a ROGO exemption.
If there are no building permit(s) for the original construction of the structure which confirm the
lawful existence of the dwelling unit and its use(s) on or about July 13, 1992, the application
shall include, at a minimum, at least two of the following documents:
W.&- Any other issued Monroe County building permit(s) supporting the existence of the
structure(s) and its use(s) on or about July 13, 1992;
Qb- Documentation from the Monroe County Property Appraiser's Office indicating
residential use on or about July 13, 1992;
Aerial photographs (to confirm the number of structures, not the number or type of
dwelling units) and original dated photographs showing the structure(s) existed on or
about July 13, 1992;
�4)d Residential county directory entries on or about July 13, 1992;
Rental, occupancy or lease records, on or about July 13, 1992, indicating the number,
type and term of the rental or occupancy;
State and /or county licenses, on or about July 13, 1992, indicating the number and
types of rental units;
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Monroe County Comprehensive Plan Update
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 July 13,
1992; and
Similar supporting documentation not listed above as determined suitable by the
pPlanning
Any r°s��r dwelling unit established after the effective date of the original ROGO should be
documented through the ROGO permit allocation system and r°s��l dwelling units that
received such allocations that were constructed and received certificates of occupancies may be
established as exempt from ROGO through verification of the certificate of occupancy alone.
Provision of affidavits to support the existence of a r°s��r dwelling unit(s) is allowed, but
cannot be the sole record upon which a decision is based.
Provision of documents is the responsibility of the applicant.
Residentia aD welling units determined to be exempt from the ROGO per this subsection that
have not been previously acknowledged by the Pplanning Ddirector may also be
nonconformities, pursuant to sChapter 102, aArticle III -nNonconformities. Such occasions shall
require a determination by the Pplanning D , director as to the lawfulness of the nonconformity.
(b -2) Transfer off -site. Residential dwelling units and transient units may be transferred to
another site in the same ROGO sub -area, provided that the units lawfully exist and can be
accounted for in the County's hurricane evacuation model.
(1) ROGO exemptions may be transferred as follows:
a. between sites within the Upper Keys ROGO sub -area,
b. between sites within the Lower Keys ROGO sub -area,
c. between sites within the Big Pine Key and No Name Key ROGO sub -area,
d. from the Bia Pine Kev and No Name Kev ROGO sub -area to the Lower Kevs ROGO
subarea.
(2) No sender units may be transferred to an area where there are inadequate facilities and
services.
t2L Transfer off -site shall consist of either the demolition of a dwelling unit on a sender site
or a change of use of the floor area of dwelling unit on a sender site to another permitted
use in the applicable land use (zoning) district that does not require the ROGO exemption
and the development of a new dwelling unit, transient r°s� nit or affordable
housing unit on a receiver site_ f- si
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(4) Transfer of Lawfully Established Unit Types:
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Monroe County Comprehensive Plan Update
a. Transfer of a transient unit. A lawfully established hotel room, motel room,
campground space, or recreational vehicle space may be transferred off -site to
another hotel, motel, campground or recreational vehicle park.
b. Transfer of an affordable housing unit. A lawfully established permanent market
rate or affordable dwelling unit may be transferred to affordable housing. The
receiver site shall be developed with an affordable housing g unit pursuant to pursuant to Sections
101 -1 and 139 -1.
c. Transfer of a market rate unit. A lawfully established permanent market rate
dwelling unit may be transferred to a receiver site and developed as a market unit,
provided that one of the following is satisfied:
1. A 99 year deed - restricted affordable housing unit, pursuant to Sections 101 -1
and 139 -1, is retained or redeveloped on the sender site. If the existing dwelling
unit is proposed as the deed - restricted affordable housing unit, the unit shall pass
a life safety inspection conducted in a manner prescribed by the Monroe County
Building Department, comply with hurricane standards established by the Florida
Building Code, and habitability standards established under the Florida Landlord
and Tenant Act, or
2. The sender site is dedicated to Monroe County for the development of
affordable housing and an in -lieu fee per unit based on the current maximum sales
price for a one - bedroom affordable unit as established under Section 139 -1(a) is
paid to the affordable housing trust fund, or
3. A 99 year deed - restricted affordable housing unit, pursuant to Sections 101 -1
and 139 -1, is developed on a Tier III property (single- family residential lots or
parcels) and the dwelling unit on the sender site is demolished and the sender site
is restored.
(5)Sender Site Criteria:
a. Contains a documented lawfullv- established sender unit Dursuant to subsection (a)
recognized by the County, and
b. Located in a Tier I, II or III -A designated area, or any tier designation within the
County's Military Installation Area of Impact (MIAI) Overlay.
Receiver Site Criteria:
a. The Future Land Use category and Land Use (Zoning District must allow the
requested use,
b. Must meet the adopted density standards,
c. Includes all infrastructure (potable water, adequate wastewater treatment and
disposal wastewater meeting adopted LOS, paved roads, etc.);
d. Located within a Tier III designated area, and
e. Structures are not located in a velocity (V) zone or within a CBRS unit.
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c. Procedures for transfer off -site.
A pre - application conference and, at a minimum, a minor conditional use permit
approval shall be required for both the sender site and the receiver site. The minor
conditional use for the transfer shall be reviewed pursuant to standards in this
subsection (2) and not the standards provided in sSection 110 -67. As part of the
minor conditional use permit approval process, mailing of notice shall be required
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Monroe County Comprehensive Plan Update
to owners of real property located within 300 feet of the receiver site and owners
of real property located within 300 feet of the sender site. The receiver shall be
posted in accordance with sSections 110 -5(h) and 110 -69. Posting of notice, as
required in s 110 -5(f) shall be required for the receiver site, but not the
sender site.
2. A sender unit shall be assigned a unique identifier number that shall be used for
tracking and monitoring by the Pplanning and Environmental Resources
D , department. Multiple units to be transferred from a sender site to a single
receiver site may be authorized under a single minor conditional use permit
approval. The unique identifier number shall be itemized in the minor conditional
use permit development orders and building permits required for both the sender
and receiver sites.
d. Conditions for issuance of permit. No building permit shall be issued for the new
dwelling unit, transient :e 'dr unit or affordable housing unit on the receiver site
until one of the following conditions is met:
1. The dwelling unit to be transferred is demolished as per an issued demolition
permit and a final inspection of the demolished or removed dwelling unit or space
has been completed by all necessary county staff,
2. The structure in which the dwelling unit to be transferred is located is converted to
another permitted use as per an issued building permit and a final certificate of
occupancy for the conversion has been issued; or
3. Restoration of the sender site consistent with an approved restoration /re- vegetation
plan.
(3) Nonresidential use.
Nonresidential uses are not affected by residential ROGO.
(4) Development not increasing hurricane evacuation times.
Any applicant that can demonstrate with a traffic study acceptable to county traffic engineers
that his proposed development will not increase hurricane evacuation times. All °steal
dwelling units to be located in the Ocean Reef planned development are deemed not to
increase hurricane evacuation times.
(5) Public /governmental uses.
Public /governmental uses, including capital improvements and public buildings, as are
defined in sSection 101 -1 shall be exempt from the residential ROGO system.
(6) Other nonresidential development.
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Monroe County Comprehensive Plan Update
Any other use, development, project, structure, building, fence, sign or activity, which does
not result in a new r°s��l dwelling unit shall be exempt from the residential ROGO
system.
(7) Vested rights.
Landowners with a valid, unexpired development of regional impact approval granted by the
county prior to July 13, 1992, shall be exempt from the residential ROGO system.
(8) Temporary emergency gency housing.
Temporary emergency gency housing shall be exempt from the residential ROGO system pursuant
to Section 103 -3.
Sec. 138 -23. Moratorium on *New tTransient -uUnits.
New transient residential units, such as hotel or motel rooms, or campground, recreational
vehicle or travel trailer spaces, shall not be eligible for residential ROGO allocations until May
1, 2022.
Sec. 138 -24. Residential ROGO -aAllocations.
(a) Number of available annual residential ROGO allocations.
The number of market rate residential ROGO allocations available in each subarea of the
unincorporated county and the total number of affordable residential ROGO allocations available
countywide ^n a ..°. r4y b shall be as follows:
V elzy r r a n
M r Tr
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Land Development Code: Sept 2015
ROGO Year
Annual Allocation
Market Rate
Affordable Housing
July_
13,
2013- July_
12,
2014
U: 61,
126
L: 57, BPK /NNK 8
71
July
13,
2014- July
12,
2015
U: 61,
126
L: 57, BPK /NNK 8
71
July
13,
2015- July
12,
2016
U: 61,
126
L: 57, BPK /NNK 8
568 total AFH
(total available
immediately)
July 13, 2016- July 12, 2017
126
U: 61, L: 57, BPK /NNK 8
July 13, 2017- July 12, 2018
126
U: 61, L: 57, BPK /NNK 8
July 13, 2018- July 12, 2019
42
U: 20, L: 19, BPK/NNK: 3
July 13, 2019- July 12, 2020
42
U: 20, L: 19, BPK /NNK 3
July 13, 2020- July 12, 2021
42
U: 20, L: 19, BPK /NNK 3
July 13, 2021- July 12, 2022
42
U: 20, L: 19, BPK /NNK 3
July 13, 2022- July 12, 2023
42
U: 20, L: 19, BPK/NNK: 3
July 13, 2023- July 12, 2024
42
U: 20, L: 19, BPK /NNK 3
July 13, 2024- July 12, 2025
42
U: 20, L: 19, BPK /NNK 3
July 13, 2025- July 12, 2026
42
U: 20, L: 19, BPK /NNK 3
July 13, 2026- July 12, 2027
42
U: 20, L: 19, BPK /NNK 3
July 13, 2027- July 12, 2028
42
U: 20, L: 19, BPK /NNK 3
July 13, 2028- July 12, 2029
42
U: 20, L: 19, BPK /NNK 3
July 13, 2029- July 12, 2030
42
U: 20, L: 19, BPK /NNK 3
July 13, 2030- July 12, 2031
42
U: 20, L: 19, BPK /NNK 3
July 13, 2031- July 12, 2032
42
U: 20, L: 19, BPK /NNK 3
July 13, 2032- July 12, 2033
42
U: 20, L: 19, BPK /NNK 3
TOTAL
1,260
710*
*(includes two annual affordable
ROGO allocations for the Big Pine Key/No Naine Key subarea)
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Monroe County Comprehensive Plan Update
The State of Florida, pursuant to Administration Commission Rules, may modify the annual
allocation rate. Monroe County will request a Rule change from the Administration Commission
to authorize the above allocation timeframe and rate.
(1) Yearly residential ROGO allocation ratio.
Each subarea shall have its number of market rate residential ROGO allocations available per
ROGO year. Affordable ROGO allocations shall be available for countywide allocation
except for Big Pine Key and No Name Key. The anfittal allocations for Big Pine Key and No
Name Key shall be limited to maximums established in Big Pine Key/No Name Key
Incidental Take Permit and Habitat Conservation Plan.eigh ate- a�tv.'e a z
(2) Quarterly residential ROGO allocation ratio.
Each subarea shall have its number of market rate housing residential ROGO allocations
available per ROGO quarter determined by the following formula:
a. Market rate residential ROGO allocations available in each subarea per quarter is equal
to the market rate residential ROGO allocations available in each subarea divided by
four.
b. Affordable housing residential ROGO for all four ROGO quarters, including the
allocations for Big Pine Key, shall be made available at the beginning of the
first quarter for a ROGO year. Beginning July 13, 2015, the balance of all remaining
affordable housiniz residential ROGO allocations shall be made available.
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(34) Ratio of very low income, low income, and median income allocations to moderate
income allocations.
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Land Development Code: Sept 2015
Monroe County Comprehensive Plan Update
The Pplanning Csommission may amend these proportions for affordable housing during any
ROGO quarter.
(4 -5) Big Pine Key and No Name Key.
a. All allocation awards on Big Pine Key and No Name Key are subject to the provisions
of the Iincidental T take Ppermit ITP =*d the Hhabitat C sonservation Pplan HCP and
Livable CommuniKeys Plan (LCP) for the Florida Key Deer and other covered species,
which may affect ROGO allocations under this article.
b. In the Big Pine Key /No Name Key sub -area the annual maximum number of
residential permit allocations that may be awarded in Tier I shall be no more than one (1)
every 2 years. Until the ITP, HCP, Biological Opinion, and LCP are amended, a property
owner attempting to develop his property may be granted an allocation through the
ROGO process that may be used once that property owner obtains all required permits
and authorizations required under the Endangered Species Act and other applicable
federal and state laws. The allocation will remain valid so long as the applicant diligently
and in good faith continues to work with USFWS to conclude the coordination and pick
U a building permit.
I Limit on number of allocation awards in trier I.
a. Big Pine Key/No Name Key subarea: The maximum ROGO allocations in Tier I shall
be no more than one (1) every two (2) years.
b. Upper Keys subarea: The annual maximum ROGO allocations in Tier I shall be no
more than three (3).
c. Lower Keys subarea: The annual maximum ROGO allocations in Tier I shall be no
more than three (3).
shall be limited to fie mefe 4iaa t4fee in t4e Upplef Keys and t4fee in t4e 1=evl; Keys-.
(b) Reservation of affordable housing allocations.
Notwithstanding the provisions of sSection 138 -26 for awarding of affordable housing
allocations, the BOCC may reserve by resolution some or all of
the available affordable housing allocations for award to certain sponsoring agencies or specific
housing programs consistent with all other requirements of this chapter. Building permits for
these reserved allocations shall be picked up within six months of the effective reservation date,
unless otherwise authorized by the beat:d of 4epwr -EBOCC in its resolution. The
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(b) Reservation of affordable housing allocations.
Notwithstanding the provisions of sSection 138 -26 for awarding of affordable housing
allocations, the BOCC may reserve by resolution some or all of
the available affordable housing allocations for award to certain sponsoring agencies or specific
housing programs consistent with all other requirements of this chapter. Building permits for
these reserved allocations shall be picked up within six months of the effective reservation date,
unless otherwise authorized by the beat:d of 4epwr -EBOCC in its resolution. The
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Land Development Code: Sept 2015
Monroe County Comprehensive Plan Update
b^.,,.a ^f eettaty �BOCC may, at its discretion, place conditions on any reservation
as it deems appropriate. These reservations may be authorized by the b^.,,.a of e^ttn*y
BOCC for:
(1) The county housing authority, nonprofit community development organizations, pursuant
to s 130- 161(e), and other public entities established to provide affordable housing by
entering into a memorandum of understanding with one or more of these agencies;
(2) Specific affordable or employee housing projects participating in a federal /state housing
financial assistance or tax credit program or receiving some form of direct financial
assistance from the county upon written request from the project sponsor and approved by
resolution of the beafd of ee isietiefsBOCC
(3) Specific affordable or employee housing projects sponsored by nongovernmental not -for-
profit organizations above upon written request from the project sponsor and approved by
resolution of the beafd of ee isietiefsBOCC
(4) Specific affordable or employee housing programs sponsored by the county pursuant to
procedures and guidelines as may be established from time to time by the boafd of e^ttn*y
BOCC
(5) Specific affordable or employee housing projects by any entity, organization, or person,
contingent upon transfer of ownership of the underlying land for the affordable housing
project to the county, a not - for - profit community development organization, or any other
entity approved by the board of ee isietiefsBOCC upon written request from the
project sponsor and approved by resolution of the beafd of ^^ 4^N°rEBOCC or
(6) Rental employee housing projects situated on the same parcel of land as the
nonresidential workplace for the tenants of these projects, upon written request from the
property owner and approved by resolution of the beafd of ^^ 4^N°rEBOCC
(c) Affordable housing allocation awards and eligibility.
(1) The definition of affordable housing shall be as specified in -sSections 101 -1 and 139-
1 1 '�r .
(2) Any portion of the anfittal affordable housing allocation not used for affordable housing at
the end of a ROGO year shall be made available for affordable housing for the next ROGO
year.
(34) No affordable housing allocation shall be awarded to applicants located within a Trier I
designated area, within a V -zone on the county's flood insurance rating map, ..44:r - �—P 4
magnate en Bi g Pi ne K ey and No Name rr f or within a trier III -A (special
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Monroe County Comprehensive Plan Update
protection area) designated area. if , l eat: fig °a f r any ,,,.t;,,,, of an "land native
(4 -5) Only affordable housing allocations for Big Pine Key may be used on Big Pine Key. No
affordable housing allocation may be used on No Name Key.
(d) Residential a Dwelling unit allocation required.
The county shall issue no building permit for a r°s��l dwelling unit unless such dwelling
unit:
(1) Has a fe 'gal dwelling unit allocation award; or
(2) Is exempted from the dwelling unit allocation system pursuant to this chapter or is
deemed vested pursuant to -sSection 138 -22.
Sec. 138 -25. Application -pProcedures for r-Residential ROGO.
(a) Deadlines for submission of huildingpermit applications to he entered into the residential
permit allocation system. No approved building permit application requiring a ROGO allocation
award, including applications submitted under privatized plan review as provided for by Chapter-
553, F.S., shall be accepted for the entry into the ROGO system under this chapter, unless the
building permit application is submitted to the Building Department at least 30 days prior to the
end of the allocation period appropriate for the application. A submission 30 days prior does not
guarantee that it will enter ROGO that quarter if it has not passed all required reviews. - <moved
from 110>
thLApplication for allocation. In each quarterly allocation period, the Pplanning and
E , environmental R resources Ddepartment shall accept applications to enter the residential ROGO
system. Except for allocations to be reserved and awarded under sSection 138- 24(b), the ROGO
application must be accompanied by an approved building permit application in order to be
considered in the current allocation period. The Pplanning Ddirector, or his or her designee, shall
review the ROGO application for completeness. If the application is determined to be
incomplete, the Pplanning Ddirector, or his or her designee, shall reject the ROGO application
and notify the applicant of such rejection, and the reasons therefore, within ten 10 working
days. The application shall be assigned a controlling date that reflects the time and date of its
submittal unless the application is determined to be incomplete. If the application is rejected,
then the new controlling date shall be assigned when a complete application is submitted.
The ROGO application shall be submitted in a form provided by the Pplanning and
E , environmental Rresources dDepartment and meet the following requirements:
(1) The application shall include a) the name and address of the property owner(s) of record,
to which certified notice of an allocation award will be mailed, if awarded, 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
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Monroe County Comprehensive Plan Update
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 ROGO 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 ROGO application. A copy of the recorded development order shall
be submitted with the ROGO 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 20 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
138 -16 Keith and Schnars, P.A.
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Monroe County Comprehensive Plan Update
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 number of all r°si defitia l dwelling units, the amounts of impervious and pervious
areas, and calculations for land use intensity, open space ratio, and off - street parking.
(hc) Fee for review of application. Each ROGO application shall be accompanied by a
nonrefundable processing fee established by resolution of the d of eettaty
BOCC Additional fees are not required for successive review of the same ROGO
application unless the application is withdrawn and resubmitted.
(ed) Compliance with other requirements. The ROGO application shall not constitute an
indication of whether or not the applicant for a residential ROGO 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.
(de) 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 r°s��l dwelling unit
applications and issue allocation awards. The county may permit evidence of compliance with
the requirements of other jurisdictional entities to be demonstrated by "coordinating letters" in
lieu of approvals or permits.
(ef) Limitation on number of applications.
(1) An individual entity or organization may submit only one ROGO application per
resi dwelling unit in each quarterly allocation period.
(2) There shall be no limit on the number of separate parcels for which ROGO applications
may be submitted by an individual, entity or organization.
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Monroe County Comprehensive Plan Update
(3) A ROGO application for a given parcel shall not be for more r°s�l dwelling units
than are permitted by applicable zoning or land use regulations or the comprehensive plan.
(fg) Expiration of allocation award. Except as provided for in this article, an allocation award
shall expire when its corresponding building permit is not picked up after 60 days of notification
by certified mail of the award, or, after issuance of the building permit, upon expiration of the
permit or after failure of the applicant to submit required plan revisions by the required date set
forth in subsection (j) or after the failure to conclude the required coordination with FWS under
the Permit Referral Process in Section 122- 8(d)(5)
(ghh) Revisions of ROGO applications and awards.
(1) An applicant may elect to revise a ROGO application to increase the competitive points
in the application without prejudice or change in the controlling date if a revision is
submitted on a form approved by the Pplanning D director to the Pplanning and
Eenvironmental Rresources Ddepartment no later than 30 days following the Pplanning
Csommission approval of the previous ROGO rankings. Any such revision shall not involve
changes to the approved building permit application. All other applications that are
withdrawn and resubmitted that do not increase the competitive points or involve revisions to
the approved building permit application 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, but prior to receipt of a certificate of occupancy, no revisions shall be made to any
aspect of the proposed residential 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,—. without the removal of any lot aggregation or land
138 -18 Keith and Schnars, P.A.
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Monroe County Comprehensive Plan Update
dedication or removal of an affordable housing deed restriction or density reduction
restrictive covenant.
(Li) Clarification of application data.
(1) At any time during the residential ROGO allocation review and approval process, the
applicant may be requested by the Pplanning Ddirector or the Pplanning Csommission 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 Pplanning Ddirector
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 Pplanning Ddirector 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.
(1) Revisions of building permit applications requiring the ROGO allocation(s). A building
permit application for a proposed r� '�r dwelling unit requiring a ROGO allocation must be
approved prior to submitting a ROGO application. In the event that the Florida Building Code is
amended between the date ion which a ROGO application is submitted and the date ion which a
building permit requiring the ROGO allocation(s) applied for is issued (which follows the date
ion 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
ROGO allocation award date or the applicant shall forfeit the ROGO allocation award.
Following receipt of the plan revisions, the Bhuilding Ddepartment 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 ROGO allocation(s) by the Bhuilding Oefficial. 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.
Sec. 138 -26. Evaluation -pProcedures for --esi entin! dDwelling uUnit -aAllocation.
(a) Adjustment of residential ROGO allocations.
At the end of each quarterly allocation period, the Pplanning Ddirector shall recommend
additions or subtractions to the basic allocation available by subarea, based upon any of the
following, as appropriate:
(1) The number of building permits for new residential units issued which expired.
(2) The number of dwelling unit allocation awards that expired prior to issuance of a
corresponding building permit and which were awarded in the current annual allocation
period;
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Monroe County Comprehensive Plan Update
(3) The number of residential ROGO allocation awards available which were not allocated
during the quarterly allocation period in the current annual allocation period;
(4) The number of residential ROGO allocation awards in previous quarters which were
borrowed from future allocations to accommodate multiple unit projects or to accommodate
allocation applications with identical scores, pursuant to -s 138- 26(b)(2), or which
were granted to applicants via either the appeals process, administrative relief or a beneficial
use determination;
(5) Residential ROGO allocations vested during the preceding quarter;
(6) Any other modifications required or provided for by the comprehensive plan or an
agreement pursuant to F. S. e-�, Chapter 380;
(7) The receipt or transfer of affordable housing allocations from or to municipalities
pursuant to this article;
(8) Allocations reserved and /or awarded by the BOCCboat:d of eettfity °
pursuant to Section 138- 24(c).
(b) Initial evaluation of allocation applications.
Upon receipt of completed allocation applications, the air°e*er of pE lanning Director shall
evaluate the allocation applications for market rate housing pursuant to the evaluation criteria set
forth in Section 138 -28.
(1) Except for affordable housing, the air°e*er of rP lanning Director shall classify each
allocation application by subarea.
(2) On the evaluation cover page, for each allocation application, the P lanning
Director shall indicate the subarea and the number of dwelling units for which allocation
awards are being requested. Market rate allocation applications shall be aggregated by
subarea. Affordable housing allocation applications shall be aggregated on a countywide
basis except for the Big Pine Key/No Name Key subarea
(3) Within 30 days of the conclusion of a quarterly allocation period, unless otherwise
extended by the BOCC the air°e*er of pE lanning Director shall, for market rate
allocations:
a. Complete the evaluation of all allocation applications submitted during the relevant
allocation period;
b. Total the number of dwelling units by subarea for which allocation applications have
been received; and
138 -20 Keith and Schnars, P.A.
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Monroe County Comprehensive Plan Update
c. Rank the allocation applications in descending order from the highest evaluation point
total to the lowest and by controlling date, pursuant to subsection (e)
(4) Within 30 days of the conclusion of a quarterly allocation period, unless otherwise
extended by the BOCC the Planning Director shall, for affordable housing
allocations:
a. Complete review of all allocation applications to confirm eligibility of applicants
during the relevant allocation period;
b. Total the number of dwelling units for the unincorporated county for which affordable
housing allocation applications have been received; and
c. List the affordable housing allocation applications in descending order of controlling
date from earliest to latest date.
(5) If the number of dwelling units represented by the allocation applications for market rate
housing, by subarea, is equal to or less than the quarterly allocation, the air° Planning
Director may make a recommendation to the Pplanning Csommission that all of the
allocation applications for that subarea be granted allocation awards.
(6) If the number of dwelling units represented by the allocation applications for affordable
housing is equal to or less than the available allocation, the difeetef of PR Ianning Director
may make a recommendation to the Pplanning Csommission that all of the allocation
applications be granted allocation awards.
(7) If the number of dwelling units represented by the allocation applications for market rate
housing, by subarea, is greater than the quarterly allocation, the difeetef of pE lanning
Director shall submit an evaluation report to the Pplanning Csommission indicating the
evaluation rankings and identifying those allocation applications whose ranking puts them
within the quarterly allocation, and those allocation applications whose ranking puts them
outside of the quarterly allocation.
(8) If the number of dwelling units represented by the allocation applications for affordable
housing is greater than the total available allocation, the air° Planning Director shall
submit a report to the Pplanning Csommission indicating the applications in order of their
control dates and identifying those allocation applications for which sufficient allocations
exist and those allocation applications whose ranking by controlling date puts them outside
the available allocation.
(c) Public hearings.
Upon completion of the evaluation ranking report and /or recommendation, the a;,.°�0
pPlanning Director shall schedule and notice a public hearing by the Pplanning Csommission
pursuant to otherwise applicable regulations.
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Monroe County Comprehensive Plan Update
(1) At or prior to the public hearing, the Pplanning Csommission may request, and the
air°e*er -�R lanning Director shall supply, copies of the allocation applications and the
Planning Director evaluation worksheets.
(2) Upon review of the market rate allocation applications and evaluation worksheets, the
Pplanning Csommission may adjust the points awarded for meeting a particular criteria,
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 any Pplanning Csommission changes in the scoring or ranking of market
rate applications shall be specified in the form of a motion to adopt the allocation rankings
and may include the following:
a. An error in the designation of the applicable subarea.
b. A mistake in the calculation of dedicated or aggregated lots /land.
c. A mistake in assignment of the tier map designation in the application. Such a mistake
in reading the tier designation in applying points for the application, any change to the
tier map must go through the procedures for amendment of the tier map.
d. Any other administrative error or omission that may cause the application to be
incorrectly scored.
(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 Pplanning Csommission may:
a. Move to accept the evaluation rankings for market rate housing applications and
rankings for affordable housing applications as submitted by the difeeter of pE lanning
Director
b. Move to accept the 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.
e. Move to reject the rankings.
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Monroe County Comprehensive Plan Update
(6) The Pplanning Csommission shall finalize the rankings within 60 days following initial
receipt of the Teeter ef-----p Planning Director evaluation ranking, report and
recommendations.
(d) Notification to applicants.
Upon finalization of the evaluation rankings by the Pplanning Csommission, notice of the
rankings, by subarea for market rate housing, and countywide for affordable housing, shall be
posted at the Pplanning and Environmental Resources dDepartment offices and at such other
places as may be designated by the Pplanning Csommission.
(1) Applicants who receive allocation awards shall be further notified by certified mail,
return receipt requested. After three (3) unsuccessful attempts to notify the a licant via
certified mail, return receipt requested, the allocation award shall expire. Except as provided
herein for allocations for affordable housing awarded by the BOCCbeat: of ty
pursuant to Section 138 -24(b) and subsection (g) of this section, upon
receipt of notification of an allocation award, the applicant may request issuance of a
building permit for the applicable r°si defitia l dwelling unit.
(2) Applicants who fail to receive allocation awards shall be further notified by regular mail;
without further action by such applicants or the payment of any additional fee, such
applications shall remain in the residential ROGO system for reconsideration in the next
succeeding quarterly allocation period.
(e) Identical rankings for market rate housing applications.
If two or more allocation applications in a given subarea have identical evaluation points, these
applications shall be ranked in descending order from the earliest controlling date of submission
to the latest. The Pplanning Csommission may approve two or more allocation applications with
identical rankings and controlling dates despite the fact that the quarterly allocation will be
exceeded if:
(1) A clear statement of findings of fact are made justifying the decision; and
(2) The excess allocation is reduced from the next succeeding quarterly allocation period or
is reduced pro rata from the next three quarterly allocation periods.
cruse: re�re�Erse: reer. E��n���rsTSerse�� sr�frs�e:rss�er��Ee��er�r�
(gf) Extension of expiration period.
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Monroe County Comprehensive Plan Update
Upon the written approval of the Pplanning Ddirector, the expiration period for an allocation
award for affordable multiunit housing projects may be extended where the applicant is unable to
be granted a sufficient number of allocations required to initiate the project. As may be required
time to time, the beat:d of ision°rsBOCC may extend the 60 -day expiration period
for an allocation award by resolution upon finding that such extension is in the public interest.
Sec. 138 -27. Administrative r-Relief.
(a) Eligibility.
An applicant for an allocation award is eligible for administrative relief if:
(1) The application complies with all requirements of the dwelling unit allocation system;
(2) The application has been denied an allocation award for four successive years (first 16
consecutive quarterly allocation periods) in the ROGO Permit Allocation System,
(3) The proposed development otherwise meets all applicable county, state, and federal
regulations,
(4) The ROGO allocation application has not been withdrawn,
(5) The aplicant has complied with all the requirements of the ROGO Permit Allocation
System, and
(6) The applicant has followed the procedures for administrative relief,
(7-3) The applicant has not received an allocation award.
(b) Notification of eligibility.
Within 30 days of the finalization of evaluation rankings by the Pplanning Ceommission, any
applicant determined to be eligible for administrative relief pursuant to subsection (a) of this
section shall be notified of the applicant's eligibility for administrative relief by certified mail,
return receipt requested.
(c) Application.
An application for administrative relief shall be made on a form prescribed by the Pplanning
Ddirector and may be filed with the Pplanning and Eenvironmental Rfesources Ddepartment no
earlier than the conclusion of the 16th quarterly allocation period and no later than 180 days
following the close of the 16th quarterly allocation period.
(d) Exceptions.
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Monroe County Comprehensive Plan Update
Monroe County shall preclude the granting of administrative relief in the form of the issuance of
a building permit for lands within the Florida Forever targeted acquisition or tTier I land areas
unless, after 60 days from the receipt of a complete application for administrative relief, it has
been determined the parcel cannot be purchased for conservation purposes by any county, state
or federal agency or any private entity. The county shall routinely notify the Ddepartment of
Eenvironmental Pprotection of upcoming administrative relief requests at least six months prior
to the deadline for administrative relief.
(e) Forwarding application to board of county commissioners.
Upon the filing of an application for administrative relief, the air°e*er of p lanning Director
shall forward to the BOCC all relevant files and records relating to the subject
applications. Failure to file an application shall constitute a waiver of any rights under this
section to assert that the subject property has been taken by the county without payment of just
compensation as a result of the dwelling unit allocation system.
(f) Public hearing.
Upon receipt of an application for administrative relief, the BOCC shall notice and hold a
public hearing at which the applicant will be given an opportunity to be heard. The BOCC
may review the relevant applications and applicable evaluation ranking, taking testimony from
county staff and others as may be necessary and hear testimony and review documentary
evidence submitted by the applicant.
(g) Board of county commissioners action.
At the conclusion of the public hearing, the BOCC may take any
or a combination of the following actions:
(1) Offer to purchase the property at its fair market value as its preferred action if the
property is located within:
a. A designated tTier I area or within the Florida Forever (or its successor) targeted
acquisition areas (unless, after 60 days from the receipt of a complete application for
administrative relief, it has been determined no county, state or federal agency or any
private entity is willing to offer to purchase the parcel)
b. A designated tTier II area (Big Pine Key and No Name Key);
c. A designated trier III -A area (special protection area); or
d. A designated tTier III area on a nonwaterfront lot -s-u4ab4-€ for affordable housing.
(2) Grant the applicant an allocation award for all or a number of dwelling units requested in
the next succeeding quarterly allocation period or extended pro rata over several succeeding
138 -25 Keith and Schnars, P.A.
Land Development Code: Sept 2015
Monroe County Comprehensive Plan Update
quarterly allocation periods as the preferred action for buildable properties not meeting any
of the criteria in subsection (f)(1) of this section.
(3) Suggest or provide such other relief as may be necessary and appropriate.
(h) Limits on administrative allocations per quarter.
The number of allocations that may be awarded under administrative relief in any one quarter
shall be no more than 50 percent of the total available market rate allocations available,
excluding banked administrative relief allocations and those allocations received from Key West,
in a quarter for that subarea. Any allocations excluding banked administrative relief allocations
and those allocations received from Key West, in excess of 50 percent shall be extended into the
succeeding quarter or quarters until the number of such allocations is 50 percent or less of the
total number of market rate allocations available to be awarded.
Sec. 138 -28. Evaluation eCriteria R( OGO)
The point values established on the following pages are to be applied cumulatively:
For all aplications entering the Residential Permit Allocation system after <date >, the following
points and criteria shall apply:
(1) Tier designation. Utilizing the Tier System for land classification, the following points shall
be assigned to allocation aplications for proposed dwelling units in a manner that encourages
development of infill in predominately developed areas with existing infrastructure and few
sensitive environmental features and discourages development in areas with environmentally
sensitive upland habitat which are targeted for acquisition and the retirement of development
rights for resource conservation and protection.
Tl�fi _�Fll�Erl�l}f i
Monroe County Comprehensive Plan Update
Point Assi ,-nment.
Criteria (Outside Bi,- Pine Key and No Name Key):
+10
Proposes a dwelling unit within areas designated Tier I
[Natural Areal
-
+20
Proposes development within areas designated Tier III -A
[Special Protection Areal
+30
Proposes development within areas designated Tier III [Infill
Area .
Point Assi ,-nment
Criteria (Within Bi,- Pine Key and No Name Key):
+0
Proposes a dwelling unit within areas designated Tier I
[Natural Area] on Big Pine Key and No Name Key
+10
Proposes development within areas designated Tier II
[Transition and Sprawl Reduction Area on Big Pine Key or No
Name Key].
+20
Proposes development within areas designated Tier III [Infill
Area] on Big Pine Key or No Name Key.
(2) Big Pine and No Name Keys - The following negative points shall be cumulatively assigned
to allocation applications for proposed dwellings to implement the Big Pine Key and No Name
Key Habitat Conservation Plan (HCP) and the Livable CommuniKeys Community Master Plan.
ENOrMw
138 -27 Keith and Schnars, P.A.
Land Development Code: Sept 2015
Monroe County Comprehensive Plan Update
�.
Point Assi ,-nment.
Criteria (Within Bi,- Pine Key and No Name Key):
-10
Proposes development on No Name Key.
-10
Proposes development in designated Lower Keys marsh rabbit
habitat or buffer areas as designated in the HCP.
-10
Proposes development in Key Deer Corridor as designated in
the HCP.
138 -28 Keith and Schnars, P.A.
Land Development Code: Sept 2015
Monroe County Comprehensive Plan Update
(3) Wetlands. The following points shall be assigned to allocation applications on trier III
parcels which have sufficient upland to be buildable (min of 2,000 sq.ft. of uplands) but also
contain wetlands which require 100 percent open space pursuant to the Monroe County
Comprehensive Plan and that are located adjacent or contiguous to trier I properties.
Point Assignment Criteria
-3
-5
Notes:
Adjacent means land sharing a boundary with another parcel of land. An intervening road, right -
of -way, or easement shall not destroy the adjacency of the two parcels, except for U.S. 1.
Contiguous means a sharing of a common border at more than a single point of intersection.
Contiguity is not interrupted by utility easements.
Subsection (3) applies to new applications for trier III parcels entering the permit allocation
system after January 13, 2013.
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Land Development Code: Sept 2015
Monroe County Comprehensive Plan Update
(4) Lo" Aggregation. The following �points shall be assigned to allocation applications to
encourage the voluntary reduction of density and for the purpose of retirement of development
rights through aggregation of legally platted of legally platted buildable lots or parcels.
NOW
Point Assi ,-nment:
Criteria: (Outside Biz Pine Key and No Name Key): 1,2
+3 per lot /parcel
aggregated _
Each additional contiguous vacant, legally platted lot or parcel
with a minimum of 2,000 square feet of uplands which is
aggregated in a designated Tier I area outside of Big Pine Key
and No Name Key that meets the aforementioned requirements
..
.
Point Assi ,-nment:
Criteria: (Outside Biz Pine Key and No Name Key): 1,2
+3 per lot /parcel
aggregated _
Each additional contiguous vacant, legally platted lot or parcel
with a minimum of 2,000 square feet of uplands which is
aggregated in a designated Tier I area outside of Big Pine Key
and No Name Key that meets the aforementioned requirements
138 -30 Keith and Schnars, P.A.
Land Development Code: Sept 2015
Monroe County Comprehensive Plan Update
138 -31 Keith and Schnars, P.A.
Land Development Code: Sept 2015
will earn additional points as specified.
+4 per lot /parcel
aggregated
Each additional contiguous vacant, legally platted lot or parcel
with a minimum of 2,000 square feet of uplands which is
aggregated in a designated Tier III -A (SPA) area outside of Big
Pine Key and No Name Key that meets the aforementioned
requirements will earn additional points as specified.
+6 per lot /parcel
aggregated _
Each additional contiguous vacant, legally platted lot or parcel
with a minimum of 2,000 square feet of uplands which is
aggregated in a designated Tier III area outside of Big Pine Key
and No Name Key that meets the aforementioned requirements
will earn additional points as specified.
Applies to new applications enterinz the permit allocation system after July 13, 2015.
Any parcels aggregated shall require a restrictive covenant and shall be placed under a
unity of title with the primary parcel. Clearing g of upland native vegetation shall be
limited to a maximum of 7,500 square feet (or as specified in Section 118 -9) for the
primary and aggregated parcels combined, and the remainder of the parcels shall be
placed under a conservation easement disallowing any clearing of native habitat.
2 The County shall not allow the reversal of any lot aggregation used to assign extra
points to a ROGO application, whether executed by unity of title and /or restrictive
covenant, and regardless of the status of the ROGO allocation award or associated
building permit. In the event the dwelling unit was not constructed and the ROGO
allocation award has expired, a subsequent ROGO allocation application on the same
aggregated parcels will be assigned the same number of extra points ori_ig pally assigned
for the lot aggregation. _
A legally binding, restrictive covenant running in favor of the county and enforceable by
the county, subject to the approval of the Assistant County Administrator - Growth
Management and County Attorney and recorded in the office of the clerk of the county
prior to the issuance of any building pursuant to an allocation award. Other
�permit
documents related to the approval of the aggregation include but not limited to unity of
title, conservation easement, affidavit of no encumbrance(s), entity affidavit, joinder(s)
subject to the approval of the Assistant County Administrator - Growth Management and
County Attorney and recorded in the office of the clerk of the county prior to the
issuance of any building permit pursuant to an allocation award.
138 -31 Keith and Schnars, P.A.
Land Development Code: Sept 2015
Monroe County Comprehensive Plan Update
Point Assiznment:
Criteria (Within Biz Pine Key and No Name Key): 1,2
+3 per lot /parcel
Each additional contiguous vacant, legally platted lot or parcel
aggregated
with a minimum of 2,000 square feet of uplands which is
aggregated in a designated Tier II or III area on Big Pine Key
and No Name Key that meets the aforementioned requirements
will earn additional points as specified.
+4 per lot /parcel
aggregated _
Each additional contiguous vacant, legally platted lot or parcel
with a minimum of 2,000 square feet of uplands which is
aggregated in a designated Tier I area on Big Pine Key and No
Name Key that meets the aforementioned requirements will
earn additional points as specified.
Applies to new applications
enterinz the permit allocation system after July 13,
2015.
Any_parcels aggregated shall require a restrictive covenant and shall be placed under a unity
title with the primM parcel. Clearing of upland native vegetation shall be limited to a maximum
of 7,500 square feet (or as specified in Section 118 -9) for the primary and aggregated parcels
combined, and the remainder of the parcels and shall be placed under a conservation easement
disallowing any clearing of native habitat
2 The County shall not allow the reversal of any lot aggregation used to assign extra points to a
ROGO application, whether executed by unity of title and /or restrictive covenant, and re_ gardless
of the status of the ROGO allocation award or associated building In the event the
�permit.
dwelling unit was not constructed and the ROGO allocation award has expired, a subsequent
ROGO allocation application on the same aggregated parcels will be assigned the same number of
extra points originally assigned for the lot aggregation.
A legally binding, restrictive covenant running in favor of the county and enforceable
by the county, subject to the approval of the Assistant County Administrator - Growth
Management and County Attorney and recorded in the office of the clerk of the county
prior to the issuance of any building pursuant to an allocation award. Other
�permit
documents related to the approval of the aggregation include but not limited to unity of
title, conservation easement, affidavit of no encumbrance(s), entity affidavit, joinder(s)
subject to the approval of the Assistant County Administrator - Growth Management
and County Attorney and recorded in the office of the clerk of the county prior to the
issuance of any building permit pursuant to an allocation award.
(5) Land dedication. The following points shall be assigned to allocation applications to
encourage, the voluntary dedication of vacant, buildable land within Trier I designated areas,
t II (Big Pine Key and No Name Key), trier III -A Special Protection Areas (SPA), and
parcels which contain undisturbed wetlands for the purposes of conservation, resource
protection, restoration or density reduction and, if located in trier III outside of Special
Protection Areas (SPA), for the purpose of retirement of development rights _ or providing land
138 -32 Keith and Schnars, P.A.
Land Development Code: Sept 2015
Monroe County Comprehensive Plan Update
for affordable housing where appropriate. Applicants can utilize lands 4offateddedicated pursuant
to Policy 101.5.26, however, submerged lands (inundated by water), excluding platted canal
bottoms, shall not be eligible for land dedication.
Monroe County Comprehensive Plan Update
I�17.l �El ST�f.E�[�1�ll.T.l�fi�lS'�iRT.I� El�f�f)
Point Assi ,-nment:
Criteria: (Outside Bi,- Pine and No Name Key):
+4 for each platted
Proposes dedication to Monroe County of one (1) vacant, legally
Fl V
..
meetstne- af4ementiened tv" emefitsv�41r
sped -fie .
I�17.l �El ST�f.E�[�1�ll.T.l�fi�lS'�iRT.I� El�f�f)
Point Assi ,-nment:
Criteria: (Outside Bi,- Pine and No Name Key):
+4 for each platted
Proposes dedication to Monroe County of one (1) vacant, legally
Fl V
..
minimum of 2,000 square feet of uplands. Each additional vacant,
Am
points as specified.
+5 for each platted
Proposes dedication to Monroe County of one (1) vacant, legally
lot
platted lot with a minimum of 2,000 square feet of uplands, designated
as Tier III for the retirement of development rights. Each additional
I�17.l �El ST�f.E�[�1�ll.T.l�fi�lS'�iRT.I� El�f�f)
Point Assi ,-nment:
Criteria: (Outside Bi,- Pine and No Name Key):
+4 for each platted
Proposes dedication to Monroe County of one (1) vacant, legally
lot
platted lot, designated as Tier III for affordable housing, containing a
minimum of 2,000 square feet of uplands. Each additional vacant,
legally_ platted lot that meets the aforementioned requirements will earn
points as specified.
+5 for each platted
Proposes dedication to Monroe County of one (1) vacant, legally
lot
platted lot with a minimum of 2,000 square feet of uplands, designated
as Tier III for the retirement of development rights. Each additional
vacant, legally platted lot that meets the aforementioned requirements
will earn points as specified.
+5 for each parcel
Proposes dedication to Monroe County of one (1) vacant parcel with a
minimum of 2,000 square feet of uplands, designated as Tier III for the
retirement of development rights. Each additional vacant parcel that
meets the aforementioned requirements will earn points as specified.
138 -34 Keith and Schnars, P.A.
Land Development Code: Sept 2015
Monroe County Comprehensive Plan Update
+0.5 for each platted
Proposes dedication to Monroe County of one (1) vacant, legally
lot
platted lot within a Tier I area, designated as Residential Conservation
containing a minimum of 2,000 square feet of uplands. Each additional
vacant, legally platted lot that meets the aforementioned requirements
will earn points as specified.
+1 for each platted
Proposes dedication to Monroe County of a vacant, legally platted lot
lot
within a Tier I area, designated as Residential Low containing a
minimum of 2,000 square feet of uplands. Each additional vacant,
legally_ platted lot that meets the aforementioned requirements will earn
points as specified.
+4 for each acre
Proposes dedication to Monroe County of at least one (1) acre of
vacant, unplatted land located within a Tier I area containing and nd a
_
minimum of 2,000 square feet of uplands,. Each additional one (1)
acre of vacant, unplatted land that meets the aforementioned
requirements will earn points as specified.
+2 for each platted
Proposes dedication to Monroe County of one (1) vacant, legally
lot
platted lot which contains undisturbed wetlands. Each additional
vacant, legally platted lot that meets the aforementioned requirements
will earn points as specified.
+2.5 for each platted
Proposes dedication to Monroe County of one (1) vacant, legally
lot
platted lot, designated as Tier I, containing a minimum of 2,000 square
feet of uplands and not designated as Residential Conservation or
Residential Low. Each additional vacant, legally_ platted lot that meets
the aforementioned requirements will earn points as specified.
+2 for each platted
Proposes dedication to Monroe County of one (1) vacant, legally
lot
platted lot, designated as Tier III -A (Special Protection Area -SPA)
containing a minimum of 2,000 square feet of uplands. Each
additional vacant, legally platted lot that meets the aforementioned
requirements will earn points as specified.
Additional Requirements
A statutory warranty deed that conveys the dedicated property to the
county shall be approved by the Assistant County Administrator -
Growth Management and County Attorney and recorded in the office
of the clerk of the county prior to the issuance of any building permit
pursuant to an allocation award. Other documents related to the
approval of the land dedication may include but not limited to
affidavit of no encumbrance(s), entity affidavit, subject to the approval
of the Assistant County Administrator - Growth Management and
County Attorney and recorded in the office of the clerk of the county
prior to the issuance of any building permit pursuant to an allocation
award.
138 -35 Keith and Schnars, P.A.
Land Development Code: Sept 2015
Monroe County Comprehensive Plan Update
Point Assi ,-nment:
Criteria (Within Bi,- Pine Key and No Name Key):
+2 for each platted lot
Proposes dedication to Monroe County of one (1) vacant, legally
platted lot, designated as Tier I or Tier II on Big Pine Key or No
Name Key, containing a minimum of 2,000 square feet of uplands.
Each additional vacant, legally platted lot that meets the
aforementioned requirements will earn points as specified.
+2 for each acre
Proposes dedication to Monroe County of at least one (1) acre of
vacant, unplatted land located within a Tier I area on Big Pine Key or
No Name Key, containing a minimum of 2,000 square feet of uplands.
Each additional one (1) acre of vacant, unplatted land that meets the
aforementioned requirements will earn points as specified
+5 for each platted
Proposes dedication to Monroe County of one (1) vacant, legally
lot
platted lot, designated as Tier III on Big Pine Key or No Name Key
containing a minimum of 2,000 square feet of uplands. Each
additional vacant, legally platted lot that meets the aforementioned
requirements will earn points as specified.
+5 for each parcel
Proposes dedication to Monroe County of one (1) vacant parcel,
designated as Tier III on Big Pine Key or No Name Key, containing a
minimum of 2,000 square feet of uplands. Each additional vacant
parcel that meets the aforementioned requirements will earn points as
specified.
Additional Requirements
A statutory warranty deed that conveys the dedicated property to the
county shall be approved by the Assistant County Administrator -
Growth Management and County Attorney and recorded in the office
of the clerk of the county prior to the issuance of any building permit
pursuant to an allocation award. Other documents related to the
approval of the land dedication may include but not limited to
affidavit of no encumbrance(s), entity affidavit, subject to the approval
of the Assistant County Administrator - Growth Management and
County Attorney and recorded in the office of the clerk of the county
prior to the issuance of any building permit pursuant to an allocation
award.
(6) Market rate housing in employee or affordable housing development The following
points shall be assigned to allocation applications for market rate housing units in an employee
or affordable housing development:
138 -36 Keith and Schnars, P.A.
Land Development Code: Sept 2015
Monroe County Comprehensive Plan Update
Point Assi ,-nment.
Criteria:
+6
Proposes a market rate housing unit which is Part of an affordable
or employee housing project; both affordable and employ
housing shall meet all the requirements set forth in Sec. 130 -161.
An application for which development is proposed within a
(7) Special flood hazard areas. The following points shall be assigned to allocation aplications
for proposed dwelling unit(s) to provide a disincentive for locating within certain coastal high
flood hazard areas:
-4 An applieatti6fiv�iEh pt:ep6ses deyelepai€fitw„ N"' zen „ t4e FEN CA
fleed , ,
Point Assi ,-nment.
Criteria:
-6
Proposes structures requiring an allocation within "V"
zones on the FEMA flood insurance rate maps.
-4
An application for which development is proposed within a
CBRS unit.
(8) Central wastewater tm system availability. The following points shall be assigned to
allocation aplications to direct development to areas with sewer:
138 -37 Keith and Schnars, P.A.
Land Development Code: Sept 2015
Monroe County Comprehensive Plan Update
Point Assi ,-nment:
Criteria:
+4*
Proposes development required to be connected to a central
wastewater treatment system that meets the AWT treatment
standards established by Florida Legislature and Policy
901.1.1.
*These points shall not apply to parcels within a CBRS system unit.
(9) P ayment to the Land Acquisition Fund . Up to two (2) whole points shall
be awarded for a monetary Davment by the aDDlicant to the Countv's land acauisition fund for
the purchase of lands for conservation, and retirement of development rights. The monetary
value of each point shall be set annually by the County based upon the estimated average fair
market value of vacant, privately- owned, buildable IS/URM zoned, platted lots.
Additional Requirements:
1. The monetary value of each point shall be established annually by resolution of the
board of county commissioners.
2. The monetary value of each point shall be based upon the average fair market value of
privately- owned, buildable, vacant, IS/URM, platted lots divided by four.
3. Payment to the county's land acquisition fund shall be prior to the issuance of any
building permit pursuant to the allocation award.
(10) Enemy and Water Conservation. The following points shall be assigned to allocation
applications on lands designated as Tier III to encourage the planting of native vegetation and
promote water conservation and increased energy efficiency
Point Assignment: Criteria:
138 -38 Keith and Schnars, P.A.
Land Development Code: Sept 2015
Monroe County Comprehensive Plan Update
+1
Proposes a dwelling unit designed according to and
certified to the standards of a sustainable building rating or
national model green building _ c ode.
+1
Includes installation of water efficient landscape irri ag tion
equipment that serves at 75% or more of the site.*
+1
Includes installation of a permanent concrete cistern with a
minimum capacity of 1,000 gallons.
+1
Includes the installation of a gray water reuse system,
meetin the he requirements of the Florida Building Code.
+1
Includes installation of a solar photovoltaic collection
system, a minimum of 3KW in size or the equivalent in
other renewable energy systems.*
+0.5
Includes installation of one or both of the following
technologies: _ *
a. Ductless air conditioning system.
b. High efficiency chillers.
* The systems must be maintained for a minimum of five years from CO. unless replaced
with a system that provides a functional equivalent or increased ener,-y or water savin ,-s.
(11) Preseverance Points. One (1) point shall be awarded for each year that the allocation
application remains in the allocation system up to four (4) years. After four (4) years, the
application shall be awarded 0.5 points for each year the application remains in the system.
Monroe County Comprehensive Plan Update
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4. 12 All applicants in the ROGO system upon the effective date of the ordinance from
which this article is derived shall be notified by regular mail within 30 days from the
138 -40 Keith and Schnars, P.A.
Land Development Code: Sept 2015
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4. 12 All applicants in the ROGO system upon the effective date of the ordinance from
which this article is derived shall be notified by regular mail within 30 days from the
138 -40 Keith and Schnars, P.A.
Land Development Code: Sept 2015
77�
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4. 12 All applicants in the ROGO system upon the effective date of the ordinance from
which this article is derived shall be notified by regular mail within 30 days from the
138 -40 Keith and Schnars, P.A.
Land Development Code: Sept 2015
Monroe County Comprehensive Plan Update
effective date of the ordinance from which this article is derived by the county Pplanning and
E environmental Rresources D department of the new ROGO scoring system. In this
notification, applicants shall be informed that they have 30 days from the date of the
notification, if they so choose, to submit a revision to their ROGO application to receive
positive points through aggregation, land dedication, or payment of fees to the land
acquisition fund. Within this one -time, 30 -day time period, applicants shall be able to revise
their applications without payment of fees or a change in their controlling date upon
condition that their approved building permit application is not revised.
Secs. 138 -29 Appeals. <moved from Sec. 138 -1>
(a) An appeal from the decision of the Planning Commission on a ROGO allocation shall be
made to the BOCC. The notice of such appeal shall be in a form prescribed by the Planning
Director and must be filed with the Planning Director within 20 working days of the Planning
Commission's decision. Upon the filing of an appeal, the Planning Commission's secretary will
forward to the board all relevant files and records relating to the matter. Failure to file an appeal
with the BOCC shall constitute a waiver of any rights under this chapter to further dispute the
decision of the Planning Commission.
(b) The filing of an appeal shall not stay either the action of the Planning Commission or the
action of the director of planning - .
(c) If, as a result of a successful appeal, additional allocation awards are to be made, the BOCC
shall instruct the Planning Director as to how many dwelling unit aplications shall receive
allocation awards, when such allocation awards are to be made and what effect such additional
allocation awards will have on the current annual or quarterly dwelling unit allocation. To ensure
that the dwelling unit allocations set forth in Section 138 -24 are not exceeded, the Planning
Director shall inform the Planning Commission of the results of the appeal and the disposition of
any additional allocation awards.
Secs. 138 -30- 138 -46. Reserved.
138 -41 Keith and Schnars, P.A.
Land Development Code: Sept 2015
Monroe County Comprehensive Plan Update
ARTICLE III. NONRESIDENTIAL RATE OF GROWTH LIMITATIONS ( NROGO)
Sec. 138 -47. Nonresidential r-Rate of gGrowth eOrdinance ( 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 sSection 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 tvsidefitial dwelling unit or
nonresidential floor area that has received a permit or other official approval from the division of
growth management for the units unit and /or nonresidential floor area.
Nonresidential floor area means the sum of the total floor area for a nonresidential building or
structure, as defined in sSection 101 -1. Additionally, covered and unenclosed boat racks with
three or fewer sides not associated with retail sales of boats are not considered nonresidential
floor area. Further, the term "nonresidential floor area" does not include space occupied by
residential uses, including spaces occupied by a transient residential unit and an institutional -
residential use as defined in sSection 101 -1.
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Land Development Code: Sept 2015
Monroe County Comprehensive Plan Update
Nonresidential ROGO allocation, also referred to as NROGO allocation, means the maximum
amount of nonresidential floor area which may be allocated in a given time period.
Nonresidential ROGO allocation award, also referred to as NROGO allocation award, means the
approval of a nonresidential ROGO application prior to the application and 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
BOCCbeat:d of isiefi°r ; and c) allocated nonresidential floor area reclaimed due
to the abandonment or expiration of approved development that received an NROGO allocation
award.
Nonresidential ROGO bank account, also referred to as NROGO account, means one of the
twos accounts that cumulatively establish the NROGO bank. There are twos accounts
within the NROGO bank, with each carrying an independent balance of nonresidential floor area:
1) t4e Uppef Key ROGO 4afe-a-aeeettat; 2) the Big Pine/No Name ROGO subarea account; -3-)
*toe Lewief Keys ROGO s ea aeeettat and 4 � and 2 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.
(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.
138 -43 Keith and Schnars, P.A.
Land Development Code: Sept 2015
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(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.
138 -43 Keith and Schnars, P.A.
Land Development Code: Sept 2015
Monroe County Comprehensive Plan Update
(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.
Sec. 138 -48. General provisions.
(a) Nonresidential ROGO allocation award required. No building permit shall be issued after
September 19, 2001 that results in additional nonresidential floor area on a site unless that
nonresidential development has received an NROGO allocation award or is determined to be
exempt as provided in -sSection 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 -sSection 138 -50, for which a building permit or other final
development approval is required.
(b) Unincorporated areas other than Big Pine Key and No Name Key. Notwithstanding the
provisions of development, as defined in -sSection 101 -1, the following new uses shall only be
eligible for an NROGO allocation under this article on sites located within a designated area
approved for such use, identified within a community master plan and /or an overlay district
established within c-Chapter 130:
(1) Commercial retail very high- intensity uses that generate more than 150 vehicle trips per
1,000 square feet of floor area.
(c) Big Pine Key and No Name Key. Notwithstanding the provisions of development, as defined
in -sSection 101 -1, in accordance with the community master plan for Big Pine Key and No
Name Key, the following new uses or changes in use are prohibited on Big Pine Key and No
Name Key:
(1) Commercial retail high - intensity uses that generate more than 150 vehicle trips per 1,000
square feet of floor area.
138 -44 Keith and Schnars, P.A.
Land Development Code: Sept 2015
Monroe County Comprehensive Plan Update
(d) Nonpublic institutional uses on Big Pine Key and No Name Key are subject to the provisions
of NROGO pursuant to the following special conditions and standards:
(1) A nonpublic institutional floor area and use existing on the effective date of the issuance
of the incidental take permit for the Florida Key Deer and other covered species may be
expanded by 2,500 square feet of floor area per NROGO year, provided that the land was
owned by the institutional organization at the time of the issuance of the incidental take
permit. These allocations are to be made on a "first come, first served" basis.
(2) New nonpublic institutional uses on Big Pine Key and No Name Key are subject to the
provisions of NROGO.
(e) All new or expanded nonresidential development on Big Pine Key and No Name Key is
subject to the provisions of the incidental take permit and the habitat conservation plan for the
Florida Key Deer and other covered species, which may affect NROGO allocations under this
article. All new and expanded nonresidential development shall be limited to scarified or
disturbed lands, and clearing of any pinelands and /or hammock is prohibited.
Sec. 138 -50. Type of development not subject to the NROGO permit allocation system.
The NROGO shall not apply to the development described below:
(a4-) 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 Pplanning Ddirector shall review available documents to determine if a body of evidence
exists to support the lawful 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 Pplanning Ddirector on a form provided by the Pplanning and Environmental
Resources D department. Any issued Monroe County building_permit(s) confirming the existence
of the structure(s) and its use(s) on or about September 19, 2001 can stand as the only piece of
evidence for an NROGO exemption.
If there are no building permit(s) which confirm the lawful existence of the structure(s) and its
use(s) on or about September 19, 2001,t -The application shall include, at a minimum, at least two
of the following documents:
W -a. Any other issued Monroe County building permit(s) supporting the existence of the
structure(s) and its use(s) on or about September 19, 2001;
Qh. Documentation from the Monroe County Property Appraiser's Office indicating
residential use on or about September 19, 2001;
mss. Aerial photographs (to confirm the number of structures, not the type of structure) and
original dated photographs showing the structure(s) existed on or about September 19, 2001;
mod. Nonresidential County Directory entries on or about September 19, 2001;
138 -45 Keith and Schnars, P.A.
Land Development Code: Sept 2015
Monroe County Comprehensive Plan Update
t5j,e. Rental, occupancy or lease records, on or about September 19, 2001, indicating the
number, type and term of the rental or occupancy;
�Of. State and /or county licenses, on or about September 19, 2001, indicating the
nonresidential use;
Qg. 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
J8 Similar supporting documentation not listed above as determined suitable by the
pPlanning dDirector.
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 pPlanning dDirector may also be a nonconformity, pursuant to--eChapter
102, article III nonconformities. Such occasions shall require a separate determination by the
pPlanning dDirector as to the lawfulness of the nonconformity.
(b -2) Areas exempted from residential ROGO. Any area of the unincorporated county exempted
from residential ROGO as provided for in -iSection 138 -22.
(c�) Public /governmental uses. Public /governmental uses, including public buildings, as defined
in sSection 101 -1.
(d4) Development activity for certain not-for-profit organizations. Except for the nonpublic
institutional uses on Big Pine Key and No Name Key pursuant to sSection 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 BOM ORM 6f
after review and recommendation by the Pplanning d and
Pplanning Csommission. 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 Pplanning
Csommission, unless the total floor area exempted by the Pplanning Csommission 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.
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Land Development Code: Sept 2015
Monroe County Comprehensive Plan Update
(e5) 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 s pPlan) or
an approved vesting determination by the county from the nonresidential allocation requirements
of this section and the c-Comprehensive Pplan.
(fg) De expansion or de minimis addition of new nonresidential floor area. The cumulative
addition of up to 1,000 square feet of new nonresidential floor area shall not require an 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.
(g -7) Uses in the Industrial (I) and Maritime Industries (MI) districts. Industrial uses in the
( i1ndustries (MI) and the (industrial (I) land use (zoning) districts, provided that the
floor area is restricted to manufacturing, assembly, wholesaling, and distribution uses. Uses
permitted in the Rockland Key Commercial Retail Center Overlay District pursuant to -iSection
130 -131. All other forms of industrial uses and other nonresidential uses which may be permitted
in the land use (zoning) district are subject to the requirements of this article and will require an
NROGO allocation.
(h8.) Agriculture / aquacultural uses. Agricultural and aquacultural uses in the agricultural and
aquaculture use overlay (A).
(i9) Canopy.
(j40) 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:
W� Eligibility of sender floor area. Nonresidential floor area shall be lawfully established
floor area pursuant to subsection (1) or have received an NROGO allocation or transfer of
floor area after September 19, 2001.
Qb-. Criteria:
a. 4-. The receiver site shall be within a f III designated area and, if on Big Pine Key, it
shall also be is located within the designated community center overlay area;
b. The receiver site shall be located within the same ROGO subarea, as set forth in
-sSection 138 -20, as the sender site;
c. -3- The use that would utilize the transferred nonresidential floor area on the receiver site
shall not be a high - intensity commercial retail use which will generate more than 150
138 -47 Keith and Schnars, P.A.
Land Development Code: Sept 2015
Monroe County Comprehensive Plan Update
daily vehicle trips per 1,000 square feet of floor area, unless the receiver site is within an
overlay district or area, established in a community master plan or within s 130,
specifically allowing such a high - intensity commercial retail use;
d.4 The receiver site shall not be located within a V special flood hazard zone;
e.-5-. The receiver site shall not be located in a coastal barrier resources system; and
f6-. The receiver site shall not be located in an offshore island /conservation land
protection area.
Limitations on the amount of nonresidential floor area which may he transferred to any
one site. The amount of nonresidential floor area which may be transferred to any one site
shall be as follows:
a.4-. No more than a maximum cumulative total of 50,000 square feet of nonresidential
floor area may be transferred to any one site.
b.2-. A structure utilizing the transferred nonresidential floor area shall not be greater than
10,000 square feet, except for a) a structure within the Urban Commercial (UC) land use
( zoning) district consist of up to a maximum total of 50,000 square feet of nonresidential
floor area and b) a structure within an overlay district or area, established in a community
master plan or within c-Chapter 130, may consist of up to a maximum total of
nonresidential floor area set forth in the superseding overlay district or area.
kl)4- Procedures. The following procedures shall be followed for permitting transfer of
nonresidential floor area off -site:
a.4-. 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 -sSection 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.
b.-2- The minor conditional use permit application required in the previous subsection
shall be submitted in a form provided by the pPlanning and Eenvironmental R resources
Ddepartment. A development order shall memorialize approval of the minor conditional
use permit. After successfully passing all applicable appeal periods, the development
order shall be recorded in the official records of the Monroe County Clerk of the Circuit
Court. Such recording shall be carried out so that the document is associated with all
applicable sender and receiver sites.
c.-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
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final inspection for the demolished floor space has been completed by the hBuilding
dDepartment.
Sec. 138 -51. NROGO -aAllocations.
(a) Maximum amount of available floor area for the annual nonresidential ROGO allocations.
The annual amount of floor area available for allocation under NROGO shall be 47,083 square
feet. Beginning NROGO Year 22 (July 13, 2013), this floor area shall be distributed to each of
subareas
stom provided in the following table:
ROGO subarea " Appfeximat€ Total a,,, ff g Annual NROGO
ffla rate fitIffi allocation
a ff- e .d a bl e , nits*
Upper 6 � 4 ; 22,944 SF
Lower 5 -34 9-� 21,749 SF
Big Pine/No .9 -2 40 2,390 SF
Name
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.
(c) Maximum floor area per structure. A structure shall not receive an allocation that expands the
structure to more than 10,000 square feet of nonresidential floor area, excluding: a) a structure in
the Urban Commercial (UC) land use (zoning) district may receive an allocation that expands the
structure 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 c-Chapter 130 specifically allowing such a structure of over 10,000
square feet.
(d) Allocation dates. To be considered for an allocation award, all NROGO applications must be
submitted to the Pplanning and Environmental Resources D department and deemed complete by
the Pplanning Ddirector, or his or her designee, by no later than 4:00 p.m. on the specified
allocation quarter closure, which shall be the same dates as those for the residential ROGO.
(e) Annual nonresidential ROGO allocation. This annual allocation shall be distributed between
the four allocation quarters, which shall be the same dates as those for the residential ROGO.
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Sec. 138 -52. Application procedures for NROGO.
(a) Deadlines for submission of building permit applications to be entered into the nonresidential
permit allocation s sy tem.
No approved building �permit application requiring an NROGO allocation award, including
applications submitted under privatized plan review as provided for by Chqpter 553, F.S., shall
be accepted for the entry into the NROGO system under this chapter, unless the building permit
application is submitted to the Building Department at least 30 days prior to the end of the
allocation period appropriate for the application. A submission 30 days prior does not guarantee
that it will enter NROGO that quarter if it has not passed all required reviews.
(b,) Application for allocation by way of the NROGO allocation system.
The Pplanning and Eenvironmental Rresources Ddepartment 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 Pplanning Ddirector, or his or her designee,
shall review the NROGO application for completeness. If the application is determined to be
incomplete, the Pplanning Ddirector, or his or her designee, shall reject the NROGO application
and notify the applicant of such rejection, and the reasons therefore, within ten 10 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 Pplanning and
Eenvironmental Rresources Ddepartment 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;
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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
r°si defitia l dwelling units, the amounts of impervious and pervious areas, and calculations
for land use intensity, open space ratio, and off - street parking.
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(ch) Fee for review of application. Each NROGO application shall be accompanied by a
nonrefundable processing fee established by resolution of the — BOCCh of eettaty
Additional fees are not required for successive review of the same NROGO
application unless the application is withdrawn and resubmitted.
(dc-) 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.
(ed) Time of review. The pPlanning 4Director may retain the allocation application and its
associated building permit application for review pursuant to the evaluation procedures and
criteria set forth in sSection 138 -53 and sSection 138 -55.
(fe) 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.
(gf) 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 toen the number of separate projects for which NROGO
applications may be submitted by an individual, entity or organization.
(hg) Expiration of allocation award. Except as provided for in this article, bran allocation award
shall expire when its corresponding building permit is not picked up after 60 days of notification
by certified mail of the award, or, after issuance of the building permit, upon expiration of the
permit
fietiaeatien f r the of t4e alleeation of r esi efi*i a' e-a or after failure of the
applicant to submit required plan revisions by the required date set forth in subsection (lh) or
after the failure to conclude the required coordination with FWS under the Permit Referral
Process in Section 122- 8(d)(5)
(ih) Withdrawal of NROGO application. An applicant may elect to withdraw an NROGO
application without prejudice at any time up to finalization of the evaluation rankings by the
Pplanning Csommission. Revision and resubmission of the withdrawn application must be in
accordance with subsection (ii) of this section.
(ii) Revisions to applications and awards.
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(1) Upon submission of an 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
without the removal of any land dedication or removal of an affordable housing deed
restriction
(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.
( j) Clarification of application data.
(1) At any time during the NROGO allocation review and approval process, the applicant
may be requested by the Pplanning Ddirector or the pPlanning Csommission, 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 pPlanning
Ddirector 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 pPlanning Ddirector 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.
(lk) Revisions of building permit applications requiring the NROGO allocation(s). A building
permit application for a-proposed nonresidential floor area requiring an NROGO allocation must
be approved prior to submitting an NROGO application. In the event that the Florida Building
Code is amended between the date ion which an NROGO application is submitted and the date
ion which a building permit requiring the NROGO allocation(s) applied for is issued (which
follows the date ion 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 Bhuilding Ddepartment 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 Bhuilding Oefficial. Such mandatory revisions and
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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.
(MI) Application for allocation by way of the NROGO bank.
The Pplanning and Eenvironmental R resources D department (depat*m°fi*` 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
balance 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
Prior to the opening date of NROGO Year 22 (July 13, 2013), the Planning and Environmental
Resources D department shall determine the precise balance of the NROGO bank. Gealmeneing
NROGO yeaf 22 (ittly 13, 2013 �hfettgh ittly 12, 2014), �he NROGO ba-Rk shall be
ally distt4bt4ed between the thfee ROGO s4afeas: 1) Uppef Keys, 2) 1=ev� Keys and
3) Big P44&Ne Name Keys. The NROGO ba-Rk shall be maii4taiiwd by R-H aeeettflt pef eaeh
ROGO s„i..,fe and ., g e n efal ., at f r the U ppe - and r of K eys ROGO s„i..,,-o.,
Upon availability of nonresidential floor area in a given and applicable ROGO account within
the NROGO bank, the Planning and Environmental Resources dDepartment shall accept
applications 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 Pplanning Ddirector, or his or her designee, shall review the application for
completeness. If the application is determined to be incomplete, the Pplanning Ddirector 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 D 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.
Sec. 138 -53. Evaluation -pProcedures for -nNonresidential f Poor -aArea -aAllocation.
(a) Initial evaluation of allocation applications. Upon receipt of completed NROGO allocation
applications, the Pplanning Ddirector or his or her designee shall evaluate the allocation
applications pursuant to the evaluation criteria set forth in sSection 138 -55.
(1) Within 30 days of an allocation date, unless otherwise extended by the Pplanning
Ceommission, the Pplanning Ddirector shall:
a. Complete the evaluation of all allocation applications submitted during the relevant
allocation period;
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b. Total the amount of square footage for which allocation applications have been
received for each ROGO subarea (Upper Keys; Lower Keys; and Big Pine Key/No Name
Key); and
c. Rank the allocation applications, in descending order from the highest evaluation point
total to the lowest for each ROGO subarea and by controlling date pursuant to subsection
Ld).
(b) Public hearings and allocation awards. Upon completion of the evaluation ranking report
and /or recommendation, the Pplanning Ddirector shall schedule and notice a public hearing by
the Pplanning Csommission pursuant to otherwise applicable regulations.
(1) At or prior to the public hearing, the Pplanning Csommission may request, and the
Pplanning Ddirector shall supply, copies of the allocation applications and the evaluation
worksheets.
(2) Upon review of the allocation applications and evaluation worksheets, the Pplanning
Csommission may adjust the points awarded for meeting a particular 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 Pplanning Csommission changes shall be specified in the form of a motion
to adopt the allocation rankings and may include the following:
a. A mistake in the application of one or more of the evaluation criteria; and
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 Pplanning Csommission may:
a. Move to accept the evaluation rankings as submitted by the Pplanning Ddirector;
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.
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(6) The Pplanning Csommission shall finalize the evaluation rankings within 60 days
following initial receipt of the Pplanning D director evaluation ranking, report and
recommendation.
(c) Notification to applicants. Upon finalization of the evaluation rankings by the Pplanning
c- notice of the rankings shall be posted at the plafifli Planning and Environmental
Resources D department es and at such other places as may be designated by the Planning
Commission
(1) Applicants who receive allocation awards shall be further notified by certified mail,
return receipt requested. After three (3) unsuccessful attempts to notif t�pplicant via
certified mail, return receipt requested, the allocation award shall expire. 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
re ular seftifi-e-d 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) Identical rankings. If two or more allocation applications in a given size classification receive
an identical evaluation ranking and both (or all) cannot be granted allocation awards within the
allocation period, the Pplanning Csommission 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 s 138 - 52(1), if nonresidential floor area is
available in an NROGO subarea account within the NROGO bank, upon receipt of completed
application, the Pplanning Ddirector shall evaluate the application pursuant to the evaluation
criteria set forth in Section 138 -55.
(1) Public hearing. Excluding reservations granted by the BOCCE of ee �
the Pplanning Ddirector shall schedule and notice the application for review
and decision by the Pplanning Csommission at a public hearing.
a. Allocation by Pplanning Csommission. 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 -sSection 138- 53(b). Such allocations shall be
awarded pursuant to subsections (e)(2) through (e)(12).
b. Reservation of allocation by the Bhoard of Csounty Csommissioners. Notwithstanding
provisions of subsections (e)(2) through (e)(12), the BOCC d of eettaty
may, for projects in excess of 10,000 square feet of nonresidential floor
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Monroe County Comprehensive Plan Update
area, reserve by resolution, for up to eighteen (18) months, 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 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 BOCC in its resolution. The bed of
BOCC may, at its discretion, place conditions on any reservation
as it deems appropriate.
(2) NROGO bank accounts. Beginning July 13, 2013, the NROGO bank shall consist of two
few accounts. The fit:st t4fee accounts consist of shall eaeh r° ° °„* ^ ROGO sttb 1)
Upper Keys and +Lower Keys (joint or genera l) account and -32) Big Pine Key and No
Name Key subarea account The boundaries of the ROGO subareas are defined in section
138- 20(c).
and ,,,, K eys ROGO sttb a t :eas. 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 sSection 138- 51(a), the distribution of the annual NROGO
allocation shall be distributed to each of the ROGO subareas based on the number of
reSide dwelling unit permits made available for each of the ROGO subareas. The unused
remainders of nonresidential floor area from the annual NROGO allocation for each of the
ROGO subareas shall roll over into the applicable � NROGO accounts (general or Big
Pine Key and No Name Key subarea account within the NROGO bank each yea
Nonresidential
floor area within a given subarea NROGO account shall be available for eligible
developments within the boundaries of that subarea. The nonresidential floor area within the
general (joint) NROGO account shall be available for eligible developments within the
boundaries of either the Upper Keys or Lower Keys subareas. 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 general (joint)
K eys ROGO stt , account shall be returned to the general (joint) account for the
Upper Keys and Lower Keys ROGO subareas r at to s 4 s d ( 4) After th ,.°t,,,.,,
(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) NROGO subarea account reserves. The general (joint) account U K eys an
K eys NROGO s4.,,.°., .,,.,., ttats shall maintain reserves of 20,000 square feet for the Upper
Keys and Lower Keys NROGO subarea ea-eh. The Big Pine/No Name Key subarea account is
not required to maintain a reserve.
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(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 1TDOGO 84 ems- assert T�� ' - the applicable
NROGO bank (excluding reserved floor area) account the Pplanning Csommission may
grant the total amount of nonresidential floor area requested in the application(s) 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 by separate applicants is greater
than that the total amount available in a NROGO stt ,.°., aee ettat v the applicable
NROGO bank accounts (excluding reserved floor area), the Pplanning Ddirector shall submit
an evaluation report to the Pplanning Csommission indicating the evaluation rankings. The
Pplanning Csommission shall award available nonresidential floor area in the applicable -a
NROGO bank account (excluding reserved floor area) to the applicant with most
points pursuant to -sSection 138 -55. If the highest scoring applicant does not request the
entire amount available in an NROGO bank account v toe NROGO b.,,,', the
Pplanning Csommission shall award the remaining available nonresidential floor area in -a
NROGO stt ,.o., .,,.,., ttat v,; the applicable NROGO bank account (excluding reserved
floor area) to the application with the second highest score and so on until a NROGO 84 at:e
aee ettflt ..,4hi+ the NROGO bank reaches its balance (excluding reserves)_
(7) Single application requesting more than the balance in an NROGO bank account.
If there are not any competing applications, the Pplanning Csommission may grant the total
amount of nonresidential floor area available in an NROGO banker 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.
(8) 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.
(9) 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.
(10) Decision by the Pplanning Csommission. At the conclusion of the public hearing, the
Pplanning Csommission may:
a. If applicable, move to accept the evaluation rankings as submitted by the Pplanning
Ddirector;
b. If applicable, move to accept the evaluation rankings as may be modified as a result of
the public hearing;
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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 Pplanning Csommission 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.
(11) Opening balances for the firs* t4ee sff ,.°., NROGO bank accounts as of NROGO Year
22 (July 13, 2013). The opening balances for the eaeh s u b ft e NROGO bank accounts shall
be determined and calculated by the planning -d Planning and Environmental Resources
D epartment based on available and unused annual nonresidential floor area from NROGO
Years 10 through 21.
(13) Retttffi to t4e gefiet:ffl NROGO Reeettfit fat: t4e wfpet: Keys a-Rd howet: Keys ROGO
s 12 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 general (joint) bank account for the Upper Keys ROGO subarea w and
the Lower Keys ROGO subarea aeeettat shall be returned to the single, general or joint
account for award within the Upper Keys and Lower Keys ROGO subareas.
(134) Notification to the general public of the availability of the NROGO account balances.
For each of the four Pplanning Csommission public hearings in a given NROGO Year in
which NROGO allocations may be awarded, the Planning and Environmental
Resources dDepartment shall provide a detailed report to the Pplanning Csommission and
general public providing the exact balances of nonresidential floor area that exist within efteh
toe f .,,.,., ttats of the NROGO bank. In addition, these balances shall be provided in the
newspaper advertisements for the Pplanning Csommission public hearings (as required by
.sSection 110 -5) in which NROGO allocation awards may be awarded.
Sec. 138 -54. Administrative r-Relief.
(a) Eligibility.
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An applicant is eligible for administrative relief under the provisions of this section if all the
following criteria are met:
(1) The applicant has complied with all requirements of the nonresidential permit allocation
system;
The application has been denied an allocation award for four successive vears (first 16
consecutive quarterly allocation periods) in the NROGO Allocation System,
(3) The proposed development otherwise meets all applicable county, state, and federal
regulations,
(24) The subject application has not been withdrawn; -a*d
(5) The applicant has complied with all the requirements of the NROGO Allocation System,
(6) The applicant has followed the procedures for administrative relief, and
(7) The applicant has not received an allocation award.
(b) Application.
An application for administrative relief shall be made on a form prescribed by the Pplanning
Ddirector and may be filed with the pPlanning and eEnvironmental R resources Ddepartment no
earlier than the conclusion of the fourth allocation period and no later than 18 -20 days following
the close of the fourth annual allocation period.
(c) Waiver of rights.
Failure to file an application shall constitute a waiver of any rights under this section to assert
that the subject property has been taken by the county without payment of just compensation as a
result of the nonresidential floor area allocation system.
(d) Exceptions.
Monroe County shall preclude the granting of administrative relief in the form of the issuance of
a building permit for lands within the Florida Forever targeted acquisition or +Tier I land areas
unless, after 60 days from the receipt of a complete application for administrative relief, it has
been determined the parcel cannot be purchased for conservation purposes by any county, state
or federal agency or any private entity. The county shall routinely notify the Ddepartment of
Eenvironmental Pprotection of upcoming administrative relief requests at least six months prior
to the deadline for administrative relief.
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Land Development Code: Sept 2015
Monroe County Comprehensive Plan Update
(e) Processing and review by pPlanning Qirector.
Upon the filing of an application for administrative relief, the air°e*er of r Planning Director
shall prepare a written report with recommendation and forward the report to the beal:d of t-y
eemmissieiiet:s along with all relevant files and records relating to the subject application.
The Pplanning Ddirector shall advertise and schedule a public hearing for consideration of the
application by the BOCC
(f) Public hearing.
At a public hearing, the beard of eettaty eema4Ei°riBOCC may review the relevant
application and application evaluation ranking, taking testimony from county staff and others as
may be necessary and review documentary evidence submitted by the applicant.
(g) Beafd ef ee isietiefs BOCC action.
At the conclusion of the public hearing, the BOCC may take any
or a combination of the following actions:
(1) Offer to purchase the property at fair market value as the preferred action if the property
is location within:
a. A designated +Tier I area or within the Florida Forever (or its successor) targeted
acquisition areas (unless, after 60 days from the receipt of a complete application for
administrative relief. it has been determined no county state or federal aizencv or anv
private entity is willing to offer to purchase the parcel)
b. A designated +Tier II area (Big Pine Key and No Name Key);
c. A designated +Tier III -A area (special protection area); or
d. A designated +Tier III area on a nonwaterfront lot stt itable affordable housing.
(2) Grant the applicant an allocation award for all or part of the nonresidential floor area
requested in the next allocation award as the preferred option for buildable properties not
meeting the criteria in subsection (f)(1) of this section.
(3) Suggest such other relief as may be necessary and appropriate.
Sec. 138 -55. Evaluation eCriteria (NROGO).
(a) Evaluation point values. The following point values established are to be applied
cumulatively except where otherwise specified_: For all aplications entering the Nonresidential
Permit Allocation system after <date >, the following points and criteria shall apply:
138 -61 Keith and Schnars, P.A.
Land Development Code: Sept 2015
Monroe County Comprehensive Plan Update
(1) Tier designation. Utilizing the Tier System for land classification, the following points shall
be assigned to allocation applications for proposed nonresidential development in a manner that
encourages development of infill in predominately developed areas with existing infrastructure,
commercial concentrations, and few sensitive environmental features, and discourages
development in areas with environmentally sensitive upland habitat, which are targeted for
acquisition and the retirement of development rights for resource conservation and protection:
� _
11w. NOW
Point
Assi ,-nment.
Criteria (Outside Biz Pine Key and No Name
0
Proposes new nonresidential development within an area designated Tier
I [Natural Areal
+4
Proposes expansion of an existing, lawfully established nonresidential
development regardless of Tier, with no further clearing g of any any native
Oland vegetation.
+10
Proposes new nonresidential development that will result in the clearing
of any upland native vegetation within a Special Protection Area in Tier
III -A.
138 -62 Keith and Schnars, P.A.
Land Development Code: Sept 2015
Monroe County Comprehensive Plan Update
+20
Proposes new nonresidential development within an area designated Tier
III [Infill Areal.
Point Assi ,-nment
Criteria (Within Bi,- Pine Key and No Name Key):
0
Proposes new non - residential development within an area designated
Tier I [Natural Areal
+10
Proposes new nonresidential development within an area designated
Tier II [Transition and Sprawl Reduction Area on Big Pine Key and No
Name Key].
+20
Proposes new non - residential development within an area designated
Tier III on Big Pine Key and No Name Kew
+4
Proposes expansion of an existing, lawfully established nonresidential
development regardless of Tier, with no further clearing of any native
upland vegetation, located within the U.S. 1 Corridor Area and the
commercial community center overlay in the Big Pine Key and No
Name Key Livable CommuniKeys Community Master Plan.
(2) Wetlands. The following points shall be assigned to allocation applications on +Tier III
parcels which have sufficient upland to be buildable (min of 2,000 sq.ft. of uplands) but also +
contain wetlands which require 100 percent open space pursuant to the Monroe County
Comprehensive Plan and that are located adjacent or contiguous to trier I properties.
Point Assignment Criteria
-3 Tier III parcels adjacent or contiguous to +Tier I properties and containing
50% or less of the following:
1. submerged lands
2. mangroves (excluding tidally inundated mangrove shoreline fringes)
3. salt ponds
4. fresh water wetlands
5. fresh water ponds
138 -63 Keith and Schnars, P.A.
Land Development Code: Sept 2015
Monroe County Comprehensive Plan Update
6. undisturbed salt marsh and buttonwood wetlands
-5 Tier III parcels adjacent or contiguous to trier I properties and containing
more than 50% of the following:
1. submerged lands
2. mangroves (excluding tidally inundated mangrove shoreline fringes)
3. salt ponds
4. fresh water wetlands
5. fresh water ponds
6. undisturbed salt marsh and buttonwood wetlands
Notes:
Adjacent means land sharing a boundary with another parcel of land. An intervening road, right -
of -way, or easement shall not destroy the adjacency of the two parcels, except for U.S. 1.
Contiguous means a sharing of a common border at more than a single point of intersection.
Contiguity is not interrupted by utility easements.
Subsection (2) applies to new applications for +Tier III parcels entering the permit allocation
system after January 13, 2013.
138 -64 Keith and Schnars, P.A.
Land Development Code: Sept 2015
Monroe County Comprehensive Plan Update
(43) Land dedication. The following points shall be assigned to allocation applications to
encourage the voluntary dedication of vacant, buildable land within Tier I, +Tier II (Big Pine
Key and No Name Key), and Tier III -A (Special Protection Areas (SPA)) designated areas and
parcels which contain undisturbed wetlands for the purposes of conservation, resource
protection, restoration or density reduction and, if located in + III outside of Special
Protection Areas, for the purpose of providing land for the retirement of development rights or
affordable housing where appropriate. - Applicants can utilize lands donated pursuant to Policy
101.5.26, however, submerged lands (inundated by water), excluding platted canal bottoms, shall
not be eligible for land dedication.
Monroe County Comprehensive Plan Update
�F4
138 -66 Keith and Schnars, P.A.
Land Development Code: Sept 2015
Monroe County Comprehensive Plan Update
Point Assi ,-nment:
Criteria: (Outside Bi,- Pine Key and No Name Key)
+4 for each platted tot
Proposes dedication to Monroe County of one (1) vacant, legally platted
lot, designated as Tier III for affordable housing, containing a minimum
of 2,000 square feet of uplands. Each additional vacant, legally platted lot
which meets the aforementioned requirements will earn the additional
points as specified.
+4 for each acre
Proposes dedication to Monroe County of at least one (1) acre of vacant,
unplatted land located within a Tier I area containing a minimum of 2,000
square feet of uplands. Each additional one (1) acres of vacant, unplatted
land that meets the aforementioned requirements will earn points as
specified.
+2.5 for each platted
Proposes dedication to Monroe County of one (1) vacant, legally platted
lot
lot, within a Tier I area and containing a minimum of 2,000 square feet of
uplands. Each additional vacant, legally platted lot that meets the
aforementioned requirements will earn points as specified.
+2 for each platted tot
Proposes dedication to Monroe County of one (1) vacant, legally platted
lot which contains undisturbed wetlands. Each additional vacant, legally
platted lot that meets the aforementioned requirements will earn points as
specified
+2 for each platted tot
Proposes dedication to Monroe County of one (1) vacant, legally platted
lot, designated as Tier III -A (Special Protection Area -SPA) containing
minimum of 2,000 square feet of uplands. Each additional vacant, legally
platted lot that meets the aforementioned requirements will earn points as
s ecified.
+5 for each platted tot
Proposes dedication to Monroe County of one (1) vacant, legally platted
lot, designated as Tier III containing a minimum of 2,000 square feet of
uplands. Each additional vacant, legally platted lot that meets the
aforementioned requirements will earn points as specified.
+5 for each parcel
Proposes dedication to Monroe County of one vacant parcel with a
minimum of 2,000 square feet of uplands, designated as Tier III for the
retirement of development rights. Each additional vacant parcel that
meets the aforementioned requirements will earn points as specified.
Additional Requirements:
A statutory warranty deed that conveys the dedicated property to
the county shall be approved by the Assistant County Administrator
- Growth Management and County Attorney and recorded in the
office of the clerk of the county to the issuance of any
_prior
building permit pursuant to an allocation award. Other documents
related to the approval of the land dedication may include but not
limited to affidavit of no encumbrance(s), entity affidavit, subject
to the approval of the Assistant County Administrator - Growth
Management and County Attorney and recorded in the office of the
clerk of the county prior to the issuance of any building permit
138 -67 Keith and Schnars, P.A.
Land Development Code: Sept 2015
Monroe County Comprehensive Plan Update
pursuant to an allocation award.
Point Assi ,-nment:
Criteria: (Within Bi,- Pine Key and No Name Kev)
+2 for each platted tot
Proposes dedication to Monroe County of one (1) vacant, legally platted
lot, designated as Tier I or Tier II on Big Pine Key and No Name Key,
containing a minimum of 2,000 square feet of uplands. Each additional
vacant, legally platted lot that meets the aforementioned requirements
will earn points asspecified.
+2 for each acre
Proposes dedication to Monroe County of at least one (1) acre of vacant,
unplatted land located within a Tier I area on Big Pine Key or No Name
Key, containing a minimum of 2,000 square feet of uplands. Each
additional one (1) acre of vacant, unplatted land that meets the
aforementioned requirements will earn points as specified.
+5 for each platted tot
Proposes dedication to Monroe County of one (1) vacant, legally platted
lot, designated as Tier III on Big Pine Key or No Name Key, containing
minimum of 2,000 square feet of uplands. Each additional vacant, legally
platted lot that meets the aforementioned requirements.
+5 for each parcel
Proposes dedication to Monroe County of one vacant parcel with a
minimum of 2,000 square feet of uplands, designated as Tier III for the
retirement of development rights. Each additional vacant parcel that
meets the aforementioned requirements will earn points as specified.
Additional Requirements:
A statutory warranty deed that conveys the dedicated property to
the county shall be approved by the Assistant County Administrator
- Growth Management and County Attorney and recorded in the
office of the clerk of the county prior to the issuance of any
building permit pursuant to an allocation award. Other documents
related to the approval of the land dedication may include but not
limited to affidavit of no encumbrance(s), entity affidavit, subject
to the approval of the Assistant County Administrator - Growth
Management and County Attorney and recorded in the office of the
clerk of the county prior to the issuance of any building permit
pursuant to an allocation award.
138 -68 Keith and Schnars, P.A.
Land Development Code: Sept 2015
Monroe County Comprehensive Plan Update
(4) Special Flood Hazard Area. The following points shall be assigned to allocation
applications to discourage development within high risk special flood hazard zones:
Point Assi ,-nment:
Criteria:
-6
Proposes a structure requiring an allocation within a "V" zone on
the FEMA Flood Insurance Rate Map.
-4
An aplication for which development is proposed within a CBRS
unit.
(5) Perseverance Points. One (1) point shall be awarded for each year that the allocation
application remains in the system, up four (4) years. After four (4) years, the application shall be
awarded 0.5 points for each year the application remains in the system.
(6) Hikhway Access. The following points shall be assigned to allocation aplications to
encourage connections between commercial uses and reduction of the need for trips and access
onto U.S. Highway 1:
Point Assi ,-nment:
Criteria:
+3
The development eliminates an existing driveway on or access -way to U.S.
HHihway 1.
+2
The development provides no new driveway or access -way on U.S.
Hi I and provides a connection between commercial uses.
(62) Landscaping, Ener,-y and Water Conservation. ' Pet:sewmaee points The following points
shall be assigned to allocation applications on land designated as Tier III to encourage the
planting of native vegetation and promote water conservation and increased energy efficiency
138 -69 Keith and Schnars, P.A.
Land Development Code: Sept 2015
Monroe County Comprehensive Plan Update
Point Assiznment:
Criteria:
+1
The project provides a total of two hundred percent (200 %) of the number
of native landscape plants required by the Land Development Code within
landscaped bufferyards and parking areas.
+1
Twen -five percent (25 %) of the native plants provided to achieve the
point award above or provided to meet the landscaped bufferyard and
parking area requirements of the Land Development Code are listed as
threatened or endangered plants native to the Florida Keys.
+1
Project landscaping is designed for water conservation including the use
of one hundred percent (,100 %) native plants for vegetation, collection and
direction of rainfall to landscaped areas, or the application of re -used
wastewater for watering landscape plants.
+1
Proposes a commercial structure designed according to and certified to the
standards of a sustainable building rating or national model green building
code.
+1
Includes installation of a solar photovoltaic collection system, a minimum
of 3KW in size or the equivalent in other renewable energy ystems.*
+0.5
Includes installation of one or both of the following technologies:*
a. Ductless air conditioning system.
b. High efficiency chillers _
+1
Includes installation of water efficient landscape irrigation equipment that
serves at least 75% or more of the site.*
+1
Includes installation of a permanent concrete cistern with a minimum
ca acit of 2 gallons.
+1
Includes the installation of a gray water reuse system, meeting the
requirements of the Florida Building Code.
* The systems must be maintained for a minimum of five years from C.O. unless replaced with a
system that provides a functional equivalent or increased energy or water savings.
(7D— Central Wastewater System Availab ty*.Highw*y—aeeess. The following points shall be
assigned to allocation applications to direct development to areas with central sewer:
138 -70 Keith and Schnars, P.A.
Land Development Code: Sept 2015
Monroe County Comprehensive Plan Update
Point Assi ,-nment:
Criteria:
+4*
Proposes development required to be connected to a central wastewater
treatment system that meets the AWT treatment standards established bX
Florida Legislature and Policy 901.1.1.
*These points shall not apply to parcels within a CBRS system unit.
(82) Employee Housing andse ping and , atet: eefisen , atie n. The following points, up to a
maximum of four (4), shall be assigned to allocation applications, including new employee
housin units:
Point Assi ,-nment:
Criteria:
+2
Proposes a new employee housing unit which is located on the same parcel
with a nonresidential use.
Additional
Requirements:
1. The employee housing unit shall be required to meet the applicable
provisions of -iSection 130 -161.
2. The proposed employee housing unit shall be included in the
development approval for the nonresidential development proposed in
the allocation application.
3. A certificate of occupancy shall be granted for the nonresidential
development authorized by the allocation award, but shall not be
issued prior to the certificate of occupancy for the employee housing
units.
138 -71 Keith and Schnars, P.A.
Land Development Code: Sept 2015
Monroe County Comprehensive Plan Update
(10) Payment to the Land Acquisition Fund. Up to two (2) whole points shall be awarded for a
monetar pa yment b t�pplicant to the County's land acquisition fund for the purchase of
lands for conservation, and retirement of development rights. The monetary value of each point
shall be set annually y the County based upon the estimated average fair market value of
vacant, p6vately owned, buildable IS/URM zoned, platted lots.
(11) Community Centers. The following points shall be assigned to allocation alications to
encourage, nonresidential development within an areas designated as a Community Center in an
adopted Livable CommuniKeys Plan.
Point Assienment:
Criteria:
+5
Proposes nonresidential development within an area designated as a
Community Center.
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138 -72 Keith and Schnars, P.A.
Land Development Code: Sept 2015
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138 -72 Keith and Schnars, P.A.
Land Development Code: Sept 2015
Monroe County Comprehensive Plan Update
138 -73 Keith and Schnars, P.A.
Land Development Code: Sept 2015
Monroe County Comprehensive Plan Update
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Sec. 138 -56. Appeals. <moved from Sec. 138 -1>
a) An anneal from the decision of the Planning Commission on an NROGO allocation shall be
made to the BOCC. The notice of such meal shall be in a form Prescribed by the Planning
Director and must be filed with the Planning Director within 20 working days of the Planning
Commission's decision. Upon the filing of an meal, the Planning Commission's secretary will
forward to the board all relevant files and records relating to the matter. Failure to file an meal
with the BOCC shall constitute a waiver of anv rights under this chanter to further dispute the
decision of the Planning Commission.
(b) The filing of an meal shall not stay either the action of the Planning Commission or the
action of the director of planning_
c) If as a result of a successful appeal. additional allocation awards are to be made. the BOCC
shall instruct the Planning Director as to how many nonresidential floor space applications shall
receive allocation awards, when such allocation awards are to be made and what effect such
additional allocation awards will have on the current annual allocation for nonresidential floor
area. To ensure that the allocations set forth in Section 138 -51 are not exceeded, the Planning
138 -74 Keith and Schnars, P.A.
Land Development Code: Sept 2015
•�
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Sec. 138 -56. Appeals. <moved from Sec. 138 -1>
a) An anneal from the decision of the Planning Commission on an NROGO allocation shall be
made to the BOCC. The notice of such meal shall be in a form Prescribed by the Planning
Director and must be filed with the Planning Director within 20 working days of the Planning
Commission's decision. Upon the filing of an meal, the Planning Commission's secretary will
forward to the board all relevant files and records relating to the matter. Failure to file an meal
with the BOCC shall constitute a waiver of anv rights under this chanter to further dispute the
decision of the Planning Commission.
(b) The filing of an meal shall not stay either the action of the Planning Commission or the
action of the director of planning_
c) If as a result of a successful appeal. additional allocation awards are to be made. the BOCC
shall instruct the Planning Director as to how many nonresidential floor space applications shall
receive allocation awards, when such allocation awards are to be made and what effect such
additional allocation awards will have on the current annual allocation for nonresidential floor
area. To ensure that the allocations set forth in Section 138 -51 are not exceeded, the Planning
138 -74 Keith and Schnars, P.A.
Land Development Code: Sept 2015
Monroe County Comprehensive Plan Update
Director shall inform the Planning Commission of the results of the appeal and the disposition of
anv additional allocation awards.
See. 138 56. Employee housing fair- shnr-e impne . <moved to 126 -14>
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138 -75 Keith and Schnars, P.A.
Land Development Code: Sept 2015
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138 -75 Keith and Schnars, P.A.
Land Development Code: Sept 2015
Monroe County Comprehensive Plan Update
138 -76 Keith and Schnars, P.A.
Land Development Code: Sept 2015