Item Q1
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 15, 2001
Division: Growth Management
Bulk Item: Yes
No X
Department: Planning and Environmental Resources
AGENDA ITEM WORDING: Continuation of the July 18,2001 Public Hearing to adopt an
amendment to the Monroe County Code adding a Non-residential Rate of Growth Ordinance
(NROGO); Section 9.5-124.
ITEM BACKGROUND: This ordinance implements the requirements of the 2010 Comprehensive
Plan to maintain a balance of land uses and to implement a permit allocation system for non-residential
ROGO. Upon adoption, the de facto moratorium on non-residential floor area instituted in January
1996, because the amount of non-residential floor area permitted exceeded the 239 square feet ratio,
will be lifted and a limited amount of new floor area allocated. On June 13, 2001, after a public hearing
continued through seven meetings, and many modifications to the staff generated draft, the Planning
Commission recommended approval of the amendment adding NROGO to the Monroe County Code;
Section 9.5-124.
PREVIOUS REVELANT BOCC ACTION:
The attached draft ordinance includes the changes agreed upon at the July 8, 2001 Public Hearing.
1) The first allocation date shall be January 1,2002. (Page 8)
2) Structures for non-residential uses of more than 3,000 square feet $3.00 per square foot
(Page 22)
CONTRACT/AGREEMENT CHANGES; N/A
ST AFF RECOMMENDATIONS: Approval
TOTAL COST:
N/A
BUDGETED: Yes N/A No
COST TO COUNTY: N/A
REVENUE PRODUCING: Yes N/A No
AMOUNT PER MONTH N/A
Year
DIVISION DIRECTOR APPROVAL:
APPROVED BY: County Atty L
DOCUMENTATION:
Included
X
To Follow
Not Required_
DISPOSITION:
AGENDA ITEM # /- ~ I
irfL
TEXT AMENDMENT
SECTION 9.5-124
NON-RESIDENTIAL RATE OF GROWTH ORDINANCE
(NROGO)
BOARD OF COUNTY COMMISSIONERS
Key Largo
August 15,2001
County of Monroe
Planning and Environmental Resources
2798 Overseas Highway
Suite 400
Marathon, Florida 33050
Voice: (305) 289-2500
FAX: (305) 289-2536
Board of County Commissioners
Mayor George Neugent, Dist. 2
Mayor Pro Tern Nora Williams, Dist. 4
Comm. Charles "Sonny" McCoy, Dist. 3
Comm. Murray Nelson, Dist. 5
Comm. Dixie Spehar, Dist. I
Memorandum
TO:
Monroe County Board of County Commissioners
FROM:
K. Marlene Conaway, Director
Planning and Environmental Resources
SUBJECT:
Response to July 18,2001 Public Hearing
Sec. 9.5-124 Non-residential rate of growth ordinance (NROGO)
DATE:
July 27,2001
The attached draft ordinance includes the changes agreed upon at the July 8, 2001 Public Hearing.
1) The first allocation date shall be January 1,2002. (Page 8)
2) Structures for non-residential uses of more than 3,000 square feet $3.00 per square foot
(Page 22)
The Commission discussion also included other issues concerning the proposed Employee Fair
Share Housing Impact Fee.
. Determination of how much of the cost of providing housing for the additional employees
required for new non-residential development can be included in the Employee Fair Share
Housing Impact Fee.
· The change of an existing use to one of a higher intensity may also create a need for additional
employees. Criteria needs to be developed to determine the relative change in the staffing
required and a fee structure to mitigate the impact on employee housing.
Staff recommends that these issues be included in an in-depth study of the fiscal impact of
non-residential development on the need for additional employee housing.
SUMMARY
SECTION 9.5-124
NON-RESIDENTIAL RATE OF GROWTH ORDINANCE
(NROGO)
June 172001
SUMMARY
Proposed Non-residential Rate of Growth Ordinance-NROGO
Purpose: The purpose of the non-residential rate of growth (NROGO) ordinance is to
provide for an allocation point system for non-residential floor area, which maintains the
ratio of 23 9 square feet of non-residential floor area for each residential unit developed as
required in the 2010 comprehensive plan.
Q With adoption of the ordinance, the de facto moratorium, in effect since January 4,
1996, will be lifted in unincorporated Monroe County.
Q Those non-residential projects, which apply, qualify for and receive an allocation, will
receive a permit and permission to construct additional non-residential floor-area.
Q The point system is weighted to encourage "infill sites" - defined as expansion of
existing structures or within 200 feet of an existing non-residential use.
Q Allocations will be limited to a maximum of 2,500 square feet per application until
the Livable CommuniKeys program (LCP) designates areas for larger developments.
Q A transfer of non-residential floor area provision will allow a maximum of 4,000
square feet of non-residential floor area to be transferred to approved commercial sites.
Q Additional new storage lots, outside retail sales or high intensity commercial retail
uses will be prohibited until appropriate areas are designated in the LCP.
Q Types of development not affected by NROGO include
1. redevelopment without new floor area,
2. redevelopment of areas designated Industrial or agriculture/aquaculture
3. sunshades of a total of 200 square feet or less over existing uses
4. public uses, certain not-for-profit organizations, vested rights, and additions
of less than 100 square feet.
Q Evaluation criteria is included with a NROGO point system which gives negative
points for potential impacts to environmental and historic resources, and positive points
for infill, intensity reduction, land dedication, highway access, and water conservation
landscaping.
Q An employee housing fair share impact fee is required - $1.00 per sq. ft. for up to
2,000 sq. ft.; the fee for larger buildings is $2.00 per sq. ft.
Q The Board of County Commissioners will decide the amount of non-residential square
footage that will be made available for allocation in January 2001. There is a maximum
of 44,300 sq. ft. (residential units through 2002 times 239 sq. ft. less commercial since
1992 = NROGO) that could be allocated.
Monroe County Department of Planning and Environmental Resources
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DRAFT ORDINANCE
SECTION 9.5-124
NON-RESIDENTIAL RATE OF GROWTH ORDINANCE
(NROGO)
ORDINANCE NO. -01
AN ORDINANCE AMENDING THE MONROE COUNTY CODE
BY ADDING SECTION 9.5-124, NON-RESIDENTIAL RATE OF
GROWTH ORDINANCE (NROGO); PROVIDING FOR THE
SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
THE INCORPORATION INTO THE MONROE COUNTY CODE;
AND DIRECTING THE CLERK OF THE COURT OF THE BOARD
TO FORWARD A CERTIFIED COPY OF THIS ORDINANCE TO
THE FLORIDA DEP AR TMENT OF COMMUNITY AFFAIRS AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, The Monroe County Board of County Commissioners, during a regular
meeting held on July 21, 2001, conducted a review and consideration of the request for an
amendment to add Section 9.5-124 (NROGO) to the Monroe County Code to provide for an
allocation system for non-residential floor area, which maintains the ratio of residential to non-
residential development as required in the 2010 Comprehensive Plan; and
WHEREAS, Policy 101.3 of the Monroe County Year 2010 Comprehensive Plan (2010
Plan) requires Monroe County to regulate non-residential development to maintain a balance of
land uses; and
WHEREAS, Policy 101.3.1 specifies that a permit allocation system, comprised of a
residential permit allocation system and a commercial permit allocation system, be adopted; and
WHEREAS, pursuant to Policy 101.3.3, Monroe County shall maintain a ratio of
approximately 239 square feet of non-residential development for each new residential unit
permitted through the permit allocation system; and
WHEREAS, on January 4, 1996, the county instituted a de facto moratorium because the
amount of non-residential floor area permitted between the adoption of the 2010 Plan and the
effective date of the Plan exceeded the 239 feet ratio established by the Plan; and
WHEREAS" residential development has continued and by December 2000 had equaled
the non-residential permits issued; and
WHEREAS, Policy 101.5.5 requires the County to implement a permit allocation and
point system for non-residential development; and
WHEREAS, the point system was modified to better fulfill Objective 101.5, to
encourage redevelopment, maintain and enhance the community character, protect natural
resources, encourage a. compact pattern of development, and to encourage the development of
affordable housing.
WHEREAS, an Employee Fair Share Impact Fee is established because all new non-
residential floor area creates a need for employee housing and the availability and stability of
employee housing is essential for the economic health of Monroe County.
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WHEREAS, the Development Review Committee met on February 15, 200 I and
conducted a public meeting and recommended approval to the Planning Commission of the
proposed amendments; and
WHEREAS, the Monroe County Planning Commission reviewed the draft ordinance,
took testimony during a public hearing conducted at seven meetings between February 28 and
June 13, 200 I, and recommend approval to the Board of County Commissioners of the addition
to the text of the Monroe County Land Development Regulations, Section 9.5-124 (NROGO) as
indicated in Resolution P42-0 I; and
WHEREAS, the Board of County Commissioners examined the proposed addition of
Section 9.5-124 (NROGO) to the Monroe County Code submitted by the Monroe County Growth
Management Division and recommended by the Monroe County Planning Commission; and
WHEREAS, the Monroe County Board of County Commissioners hereby supports the
decision of the Planning Commission and recommendations of the Growth Management staff;
and
WHEREAS, it is the desire of the Board that the following amendment to the County
Code be approved, adopted, and transmitted to the state land planning agency for approval; and
NOW THEREFORE; BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT
Section 1. The Monroe County Code is amended to add Section 9.5-124 to read as follows:
Sec. 9.5-124. Non-residential rate of growth ordinance (NROGO).
(a) Purpose and intent: The purposes and intent of the non-residential rate of growth
ordinance are:
(I) To facilitate implementation of goals, objectives and policies set forth in the
comprehensive plan relating to maintaining a balance between residential and non-
residential growth.
(I) To maintain a ratio of approximately 239 square feet of non-residential floor area for
each new residential permit issued through the residential rate of growth ordinance
(ROGO).
(3) To promote the upgrading and expansion of existing small-size businesses and to
retain the predominately small scale character of non-residential development in the
Florida Keys.
(4) To regulate the rate and location of non-residential development in order to further
deter deterioration of public facility service levels, environmental degradation and
potential land use conflicts.
(5) To allocate the non-residential floor area annually hereunder, based on the goals,
objectives and policies of the comprehensive plan and the Livable CommuniKeys
master plans.
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(b) Definitions: The words and phrases used in this section shall have the meanmgs
prescribed in this chapter, except as otherwise indicated as follows:
Annual allocation period means the twelve-month period beginning on July 14, 2001,
and subsequent one-year periods which is used to determine the amount of non-residential floor
area to be allocated based on the number of ROGO allocations to be issued in the upcoming
ROGO year.
Allocation date means the specific date and time by which applications for the NROGO
allocation applications will be accepted and processed.
Annual non-residential ROGO allocation means the maximum floor area for which
building permits may be issued during an annual allocation period.
Community master plan means a plan adopted by the Board of County Commissioners as
part of the Monroe County Livable CommuniKeys Program.
Controlling date has the same meaning as the definition Sec. 9.5-120 (b), except it shall
apply to NROGO applications under this section.
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 Monroe County Register of Designated Historic
Properties.
lnfill means development or redevelopment of land that has been bypassed, remained
vacant, and/or underused in otherwise built up areas, which are serviced by existing
infrastructure.
lnfill site means any parcel or parcels ofland that meets anyone of the following criteria:
1. Has been designated as appropriate for non-residential development in an adopted
community master plan, or
2. Located within two hundred (200) feet of an eXlstmg non-residential use in the
Industrial (I), Marine Industrial (MI), Urban Commercial (UC), Sub Urban
Commercial (SC), and Mixed Use (MU) Districts, as measured from property line to
property line, which fronts on the same side of the public right-of-way as the subject
property, or
3. Has existing non-residential uses with more than five hundred (500) square feet of
lawfully established non-residential floor area.
Non-residential floor area means the sum of the gross floor area for a non-residential
structure as defined in Sec. 9.5-4, any areas used for the provision of food and beverage services
and seating whether covered or uncovered, and all covered, unenclosed areas except for
walkways, stairways, entryways, parking and loading. Non-residential floor area is not space
occupied by transient residential and institutional residential principal uses.
Non-residential ROGO allocation means the maximum amount of non-residential floor
area for which building permits may be issued in a given time period.
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Non-residential ROGO allocation award means the approval of a non-residential ROGO
application for the issuance of a building permit to authorize construction of new non-residential
floor area.
Site means the parcel(s) of land or parcels required to be aggregated under Sec. 9.5-256
to be developed or from which existing non-residential floor area is to be transferred or received.
Sunshade means an unenclosed structure used as protection from the weather.
Storage area means the outdoor storage of boats, campers, equipment, and materials for
more than 24 hours. This is considered a light industrial use and does not include waste transfer
stations, junkyards or other heavy industrial uses.
Sec. 9.5-124.1. General provisions.
(a) Non-residential ROGO allocation award required: No building permit shall be
issued after January 4, 1996, that results in additional non-residential floor area on a site unless
that non-residential development has received a non-residential allocation award, or is determined
to be exempt as provided below.
(b) Applicable geographic area: The NROGO allocation system shall apply within the
unincorporated area of Monroe County, Florida.
Sec. 9.5-124.2. Type of development affected.
(a) The NROGO shall apply to the development of non-residential floor area and other uses
as described in subsection (b) and (c) below for which a building permit or development approval
is required by this chapter and for which building permits have not been issued prior to the
effective date of the non-residential permit allocation system.
(b) Not withstanding the provisions of Sec. 9.5-4 (D-8) Development, the following new
uses shall be prohibited until appropriate areas are so designated in a community master plan:
(1) Commercial retail high-intensity uses that generate more than one hundred and fifty
(150) trips per thousand (1,000) square feet of floor area.
(2) Storage areas, as a principal use.
(3) Outdoor retail sales areas on a vacant lot and any new or expanded outdoor retail sales
associated with structures of less than five hundred (500) square feet of floor area.
(c) New or expanded outdoor retail sales associated with a lawfully established structure,
existing on the effective date of this ordinance, of at least five hundred (500) square feet of floor
area may be permitted with a minimum of a minor conditional use approval.
Sec. 9.5-124.3. Type of development not affected.
(a) The NROGO shall not apply to the development described below:
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(1) Development with no net increase in non-residential floor area: The redevelopment,
rehabilitation or replacement of any lawfully established non-residential floor area
which does not increase the amount of non-residential floor area greater than that
which existed on the site prior to the redevelopment, rehabilitation or replacement.
(2) Areas exemptedjrom residential ROGO: Any area of unincorporated Monroe County
exempted from residential ROGO as provided for in Sec. 9.5-120.4.
(3) Public/governmental uses: Public/governmental uses, including capital
improvements [as defined by Sec. 9.5-4 (C-5)] and public buildings [as defined by
Sec. 9.5-4 (P-18)].
(4) Development activity for certain not-for-profit organizations: Non-residential
development activity by federally tax exempt not-for-profit educational, scientific,
religious, social, cultural and recreational organizations which predominately serve
the county's permanent population if approved by the Planning Commission after
review by the planning director.
(5) Vested rights: Landowners with a valid, unexpired development of regional impact
approval granted by the county prior to January 4, 1996, (effective date of the
comprehensive plan) or an approved vesting determination by the county from the
non-residential allocation requirements of this section and the comprehensive plan.
(6) De minimis expansion of non-residential floor area: The cumulative expansion, after
January 4, 1996, of any existing non-residential floor area by one hundred (100)
square feet or less.
(7) Industrial uses: Industrial uses in the Maritime Industrial (MI) and the Industrial (I)
Land Use Districts provided that the floor area is restricted to manufacturing,
assembly, wholesaling, and distribution uses. All other uses which, may be permitted
in the Land Use District are subject to the requirements of this Ordinance and will
require a Non-Residential Rate ofthe Growth Ordinance (NROGO) allocation.
(8) Agriculture/Aquacultural uses: Lawfully established agricultural and aquacultural
uses in the Agricultural and Aquaculture Use Overlay (A).
(9) Sunshadt;: Unenclosed sunshades comprising in total not more than two hundred
(200) square feet may be permitted for an existing lawfully established use.
(10) Transfer off-site of existing non-residential floor area: The demolition and
transfer off-site of non-residential floor area from a sender site and the development
of the transferred non-residential floor area on a receiver site in accordance with the
following procedures and criteria:
a. Eligibility of sender floor area: Only non-residential floor area within an enclosed
structure, as defined in Sec. 9.5-4 (F-9), not including uncovered areas designated for
food and beverage services and seating, shall be eligible for transfer. Non-residential
floor area shall meet all the following criteria:
I. Be lawfully established; and
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II. Is not be contained within a structure of historic value or a structure which
contributes significantly to the character of the streetscape; and
III. Is not located within any area of unincorporated Monroe County exempted
from residential ROGO as provided for in Sec. 9.5-120.4 or exempted from
NROGO under subsections (3), (4), (6), (7), or (8) above.
b. Criteria for redevelopment of non-residential floor area off-site: In order to redevelop
off-site, a receiver site shall be evaluated for site conditions and shall meet all of the
following criteria:
I. Has existing lawfully established non-residential floor area or is an infill site;
and
II. Is located in the same ROGO subarea as the sender site; and
III. Is not a commercial retail high intensity use which will generate more than
150 trips per one thousand (1000) square feet of floor area; and
IV. Is not located on Big Pine Key, No Name Key or within a CARL acquisition
area; and
v. Receives no negative environmental points when evaluated pursuant to Sec.
9.5-124.8 (a) (4) or (5) or (6); and
VI. Is not located in a "V" zone pursuant to Sec. 9.5-124.8 (a) (8), and
VII. Is not located in a coastal barrier resources system pursuant to Sec. 9.5-124.8
(a) (9); and
VIII. Is not located in an offshore island/conservation land protection area
pursuant to Sec. 9.5-124.8 (a) (10).
c. Limitations on the amount of non-residential floor area which may be transferred to
anyone site: The amount of non-residential floor area which may be transferred to
anyone site shall be as follows:
I. No more than a maximum cumulative total of four thousand (4,000) square
feet of non-residential floor area may be transferred to anyone site.
II. A receiving structure with existing non-residential floor area shall not be
expanded using transferred floor area if the expansion results in a structure
with more than ten thousand (10,000) square feet of non-residential floor
area, except within the Urban Commercial Land Use District where a
structure may be expanded to a maximum total of fifty thousand (50,000)
square feet of non-residential floor area.
III. The amount of non-residential floor area that may be transferred to or from a
site shall not be less than two hundred (200) square feet and shall be in
increments of"100" (i.e., 200, 300, 400, etc.) square feet.
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d. Procedures for transfer of non-residential floor area: The following procedures shall
be followed for permitting transfer of non-residential floor area off site:
1. A pre-application conference and at a minimum, a minor conditional use
approval shall be required for both the sender site and the receiver site.
11. The sender non-residential floor area shall be assigned a unique identifier
number(s), for each one hundred (lOO) square foot increments, that shall be
used for tracking and monitoring by the planning department. The unique
identifier number shall be itemized in the conditional use orders and building
permits required for both the sender and receiver sites. All floor area to be
transferred shall be rounded to the nearest one hundred (l 00) square feet.
Ill. No building permit shall be issued for the non-residential floor area on the
receiver site until the sending site structure is demolished as per an issued
demolition permit and a final inspection for the demolished floor space has
been completed by the building department.
Sec.9.5-124.4. NROGO allocations.
(a) Maximum amount of available floor area for the annual non-residential ROGO
allocations: The maximum amount of floor area available for allocation under NROGO shall be
determined by multiplying the number of residential permits available for the annual residential
allocation period year by two-hundred thirty-nine (239) square feet and rounding the product to
the nearest one hundred (lOO) square feet. This maximum total may be adjusted as provided for
in subsection 9.5-124.6(a). For the first annual allocation period, the maximum amount of floor
area that may be made available for allocation is to be based upon the number of permits issued
under ROGO, starting with the Third Quarter, ROGO Year 1 (starting April 14, 1993) through
ROGO Year 9 (ending July 13, 2001) and number of ROGO allocations to be made in ROGO
Year 10, reduced by the amount of non-residential floor area approved in permits, issued after
the adoption of the comprehensive plan on April 15, 1993. Any remaining part of the maximum
annual allocation not made available for allocation in an annual allocation period by the Board of
County Commissioners in Sec. 124.4 (g) shall be carried over to the next annual allocation
period.
(b) Maximum allocation of non-residential floor area by site: The amount of non-
residential floor area.to be allocated shall be limited to a maximum of two-thousand five hundred
(2,500) square feet for anyone site, except for sites designated for non-residential development in
a community master plan. For sites located within a community master plan, the maximum
allocation shall only be limited by the maximum floor area per structure in subsection (c) below.
(c) Maximum floor area per structure: An existing structure shall not receive an
allocation that expands the structure to more than ten thousand (lO,OOO) square feet of non-
residential floor area, except that non-residential floor area of structures in the Urban Commercial
Land Use District may be expanded to not more than fifty thousand (50,000) square feet.
(d) Large and small size allocations: A minimum of seventy-five percent (75%) of the
available floor area to be allocated in any annual allocation period shall be for applications
requesting floor area of two thousand five hundred (2,500) square feet or less. The remaining
twenty-five percent (25%) may be allocated to applications requesting floor area of more than
two thousand five hundred (2,500) square feet.
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(e) Annual allocation and semiannual allocation periods: The maximum annual amount
of non-residential floor area which may be made available for allocation and the distribution
between small (2,500 square feet or less) and large ( more than 2,500 square feet) allocations
shall be established by the Board of County Commissioners consistent with the provisions of Sec.
9.5-124.4 (a) and (d) upon the recommendation of the Planning Commission and planning
director as set forth in Sec. 124.4 (g). The allocation shall be made available on a county-wide
basis. The amount of non-residential floor area which, may be made available for each allocation
period as determined in Sec. 9.5-124.4 (g), may be available for allocation awards after the first
allocation date of that year. Any floor area not allocated in this first allocation or floor area that
becomes available later in the current allocation period under provisions of Sec. 9.5-124.6 (a)
may be made available for allocation awards after a second allocation date.
(f) Allocation dates: To be considered for an allocation award, all NROGO applications
must be submitted to the planning department and deemed complete by the planning director by
no later than 4:00 p.m. on the specified allocation date. The first allocation date of a NROGO
annual allocation period shall be the last day of the fourth quarter ROGO allocation period,
except that for the first NROGO annual allocation period, the allocation date shall be January 1,
2002. The second allocation date for the current NROGO annual allocation period, if necessary,
shall be the last day of the second quarter ROGO allocation period.
(g) Board of County Commissioners action required: The Board of County
Commissioners shall adopt by resolution the total amount of non-residential floor area, which
may be made available for the annual allocation and the distribution of this allocation between
small and large size allocations after receiving recommendations from the Planning Commission
and planning director. The Planning Commission shall make its allocation recommendations to
the Board of County Commissioners at least ninety (90) days prior to the annual allocation date.
The Board of County Commissioners shall establish the annual maximum allocation, the
allocation to be made available for the first allocation period and the distribution between small
and large size allocations by no later than sixty (60) days prior to the allocation date.
(h) Annual allocation: The Board of County Commissioners may make available for
allocation all or part of the maximum annual allocation. This annual allocation may be
distributed between the two allocation dates.
Sec. 9.5.124.5. Application procedures for NROGO.
(a) Application for allocation: The planning department shall accept applications to enter
the NROGO system on forms provided by the planning director. The NROGO application form
must be accompanied by an approved building permit application in order to be considered in the
current annual allocation period. The application must state for which allocation category an
award is being sought, either two thousand five hundred (2,500) square feet or less, or more than
two thousand five hundred (2,500) square feet~ The planning director shall review the NROGO
application for completeness. If the application is determined to be incomplete, the planning
director 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.
(b) Fee for review of application: Each NROGO application shall be accompanied by a
nonrefundable processing fee as may be established by resolution of the Board of County
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Commissioners. Additional fees are not required for successive review of the same NROGO
application unless the application is withdrawn and resubmitted.
(c) Compliance with other requirements: The NROGO applications shall indicate
whether the applicant for the non-residential floor area allocation has satisfied and complied with
all county, state, and federal requirements otherwise imposed by Monroe County regarding
conditions precedent to issuance of a building permit and shall require that the applicant certify to
such compliance.
(d) Time of review: Notwithstanding the time periods set forth in Sec. 9.5-113, the
director of planning may retain the allocation application and its associated building permit
application for review pursuant to the evaluation procedures and criteria set forth in Sec. 9.5-
124.6 and Sec. 9.5-124.8.
(e) Non-county time periods: The county shall develop necessary administrative
procedures and, if necessary, enter into agreements with other jurisdictional entities which impose
requirements as a condition precedent to development in the county, to ensure that such non-
county approvals, certifications and/or permits are not lost due to the increased time requirements
necessary for the county to process and evaluate residential 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 "coordination letters" in lieu of approvals or permits.
(f) Limitation on number of applications:
(1) An individual entity or organization may have only one (1) active NROGO
application
per site in the annual allocation period.
(2) There shall be no limit on the number of separate projects for which NROGO
applications may be submitted by an individual, entity or organization.
(g) Expiration of allocation award: An allocation award shall expire when its
corresponding building permit is deemed to expire pursuant to Sec. 9.5-115 and Sec. 9.5-115.1 or
after sixty (60) days of mailing of notification for the award of the allocation of non-residential
floor area.
(h) Withdrawal of NROGO application: An applicant may elect to withdraw a NROGO
application without prejudice at any time up to finalization of the evaluation rankings by the
Planning Commission. Revision and resubmission of the withdrawn application must be in
accordance with subsection (i) below.
(i) Revisions to applications and awards:
(I) Upon submission of 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
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inspection, no revisions shall be made to any aspect of the proposed non-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.
(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 non-residential 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.
U) Clarification of application data:
(1) At any time during the NROGO allocation review and approval process, the applicant
may be requested by the director of planning or the Planning Commission, to submit
additional information to clarify the relationship of the allocation application, or any
elements thereof, to the evaluation criteria. If such a request is made, the director of
planning 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 director of planning 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.
Sec. 9.5-124.6. Evaluation procedures for non-residential floor area allocation.
(a) Adjustment of non-residential floor area allocations: At the start of each annual
allocation period and prior to the second allocation date, as part of his duties in Sec. 124.4 (g), the
planning director shall recommend to the Planning Commission additions or subtractions to the
basic allocation, based upon any of the following, as appropriate:
(1) The amount of floor area allocation awards that expired during the current annual
allocation period.
(2) The amount of floor area allocation awards available which were not allocated at the
first allocation of the current annual allocation period;
(3) A portion or all of the remaining maximum floor area not made available in the
current or previous annual allocation period; and
(4) Any other modifications required or provided for by the comprehensive plan.
(b) Initial evaluation of allocation applications: Upon receipt of completed NROGO
allocation applications, the director of planning or his designee shall evaluate the allocation
applications pursuant to the evaluation criteria set forth in Sec. 9.5-124.8.
(1) Within thirty (30) days of an allocation date, unless otherwise extended by the
Planning Commission, the planning director shall:
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a. Complete the evaluation of all allocation applications submitted during the
relevant allocation period; and
b. Total the amount of square footage for which allocation applications have been
received; and
c. Rank the floor area allocation applications in descending order from the highest
evaluation point total to the lowest for each size classification.
(2) If the amount of floor area represented in the allocation applications by size
classification is equal to or less than the available allocation, the director of planning
may make a recommendation to the Planning Commission that all of the allocation
applications be granted allocation awards.
(3) If the total amount of floor area represented in the allocation applications by size
classification, is greater than the available floor area, the director of planning shall
submit an evaluation report to the Planning Commission indicating the evaluation
rankings and identifying those applications whose ranking puts them within the
allocation, and those applications whose ranking puts them outside of the allocation.
(c) Public hearings and allocation awards: Upon completion of the evaluation ranking
report and/or recommendation, the director of planning shall schedule and notice a public hearing
by the Planning Commission pursuant to otherwise applicable regulations.
(1) At or prior to the public hearing, the Planning Commission may request, and the
director of planning shall supply, copies of the allocation applications and the
director of planning evaluation worksheets.
(2) Upon review of the allocation applications and evaluation worksheets, the Planning
Commission 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 Planning Commission changes 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 application's size classification.
b. A mistake in the application of one (I) or more_ of the evaluation criteria.
c. A misinterpretation of the applicability of an evaluation criterion.
(4) The public, including, but not limited to, applicants for allocation awards, shall be
permitted to testify at the public hearing. Applicants may offer testimony about their
applications or other applications; however, in no event may an applicant offer
modifications to an application that could change the points awarded or the ranking
of the application.
(5) At the conclusion of the public hearing, the Planning Commission may:
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a. Move to accept the evaluation rankings as submitted by the director of planning.
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.
e. Move to reject the evaluation rankings.
(6) The Planning Commission shall finalize the evaluation rankings within sixty (60)
days following initial receipt of the director of planning evaluation ranking, report
and recommendation.
(d) Notification to applicants: Upon finalization of the evaluation rankings by the
Planning Commission, notice of the rankings by size classification, shall be posted at the planning
department offices and at such other places as may be designated by the Planning Commission.
(I) Applicants who receive allocation awards shall be further notified by certified mail,
return receipt requested. Upon receipt of notification of an allocation award, the
applicant may request issuance of a building permit for the applicable development
of the allocated non-residential floor area.
(2) Applicants who fail to receive allocation awards shall be further notified by certified
mail, return receipt requested; without further action by such applicants nor the
payment of any additional fee, such applications shall remain in the NROGO system
for reconsideration at the next allocation in the current or following annual
allocation period.
(e) Identical rankings: If two (2) 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 Planning Commission shall award the
allocation to the completed application first submitted, based on the controlling date of the
application. If two (2) 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.
Sec. 9.5-124.7. Administrative relief.
(a) Eligibility: An applicant is eligible for administrative relief under the provisions of
this section if all the following criteria are met:
(I) The applicant has complied with all requirements of the non-residential permit
allocation system.
(2) The subject application has not been withdrawn; and
(3) The subject application has been considered in at least three (3) of four (4)
consecutive annual allocation periods and has failed to receive an allocation award.
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(b) Application: An application for administrative relief shall be made on a form
prescribed by the director of planning and may be filed with the planning department no earlier
than the conclusion of the third annual allocation period and no later than ninety (90) 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 non-residential floor area allocation system.
(d) Processing and review by planning director: Upon the filing of an application for
administrative relief, the director of planning shall prepare a written report with recommendation
and forward the report to the Board of County Commissioners along with all relevant files and
records relating to the subject application. The planning director shall advertise and schedule a
public hearing for consideration of the application by the Board of County Commissioners.
(e) Public hearing: At a public hearing, the Board of County Commissioners may review
the relevant application 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. At the conclusion of the public hearing, the Board may take any or a combination
of the following actions:
(I) Grant the applicant an allocation award for all or a part of the non-residential floor
area requested in the next allocation awards.
(2) Offer to purchase the property at its fair market value.
(3) Suggest such other relief as may be necessary and appropriate.
Sec. 9.5-124.8. Evaluation criteria.
(a) Evaluation point values: The following point values established are to be applied
cumulatively except where otherwise specified:
(1) Infill: The following points are intended to encourage the infill of areas served by
existing infrastructure:
Point assignment: Criteria:
+ 10 An application which proposes non-residential
development on an infill site served by existing
infrastructure, including at a minimum, potable
water, electricity, and roadways, which the
county engineer determines is paved.
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Additional requirements:
In order to be considered "served," the
necessary infrastructure must be both:
1. Located along the same street as the lot or
parcel proposed for development; and
2. In place Since July 13, 1992.
(2) Intensity reduction: The following points are intended to encourage the voluntary
reduction of intensity:
Point assignment: Criteria:
+4 An application proposes development that
reduces the permitted floor area ratio (FAR) to
twenty three percent (23%) or less.
Additional requirements:
A legally binding restrictive covenant running
in favor of Monroe County that limits the floor
area ratio of the property to a maximum of
twenty three percent (23%) for a period of ten
(10) years shall be approved by the Board of
County Commissioners and recorded prior to
the issuance of any building permit pursuant to
an allocation award.
(3) Land dedication: The following points are intended to encourage the voluntary
dedication of vacant, buildable land within those areas proposed for acquisition by
governmental agencies for the purposes of conservation or resource protection:
Point assignment: Criteria:
+ 1 An application which includes the dedication
to Monroe County of one (1) vacant, legally
platted buildable lot or at least one (I) acre of
unplatted buildable land located within a
Conservation Land Protection Area or areas
proposed for acquisition by governmental
agencies for the purposes of conservation and
resource protection.
+1 An application which includes the dedication
to Monroe County of either an additional
legally platted, buildable lot, or an additional
one (1) acre of unplatted buildable land located
In areas proposed for acquisition by
governmental agencies for the purposes of
conservation or resource protection.
- 14 -
Additional requirements:
1. "Buildable" shall mean construction of a
dwelling unit or non-residential development,
as determined by the planning director.
2. The application shall include but not be
limited to the following:
* An affidavit of ownership of all affected lots,
parcels, acreage or land;
* A statutory warranty deed, subject to the
approval of the Board of County
Commissioners prior to filing in the office of
the clerk of the county, which conveys the
dedicated property to the county. Such deed
must be approved by the Board before any
development approval may be issued pursuant
to an award.
(4) Habitat protection: The following points are intended to discourage the clearing of
significant habitat and are based on the type and quality of the existing vegetation
located within an area approved for clearing or development as shown on the
approved site plan:
Point assignment: Criteria:
- 10 An application which proposes to clear an area
of habitat type and quality from Group 4
which includes the following:
* High hammock (high quality)
* Low hammock (high quality)
* Pineland
* Undisturbed beach/berm
* Saltmarsh and buttonwood wetlands
* Palm hammock
* Cactus hammock
- 5 An application which proposes to clear an area
of habitat type and quality from Group 3
which includes the following:
* High hammock (moderate quality)
* Low hammock (moderate quality)
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- 2 An application which proposes to clear an area
of habitat type and quality from Group 2
which includes the following:
* High hammock (low quality)
* Low hammock (low quality)
* Disturbed land with saltmarsh and
buttonwood
* Disturbed land with beach/berm (design
standards ).
+ I An application which proposes to develop in
an area of habitat type and quality from Group
1 which includes the following:
* Disturbed/scarified
* Disturbed with exotics
Additional requirements:
1. If the approved clearing area includes
more than one (1) habitat typelhabitat
quality group, points shall be assigned to
the application for development on the
basis of the following formula: (Area of
clearing in Group I/area in parcel of land
to be cleared) X (+ 1) + (area of clearing
in Group 2/area in parcel of land to be
cleared) X (- 2) + (area of clearing in
Group 3/area in parcel of land to be
cleared) X (- 5) +(area of clearing in
Group 4/area in a parcel of land to be
cleared) X (- 10).
2. A determination of the quality of an
undisturbed high hammock, low hammock or
pinelands shall be made through the utilization
of the habitat analysis indices and scores
(HEI), applied pursuant to article VII,
(environmental design standards), ofthis
chapter.
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(5) Threatened or endangered animal species: The following points are intended to
discourage development due to the probable adverse. impacts of a proposed
development on the successful protection and recovery of a threatened or
endangered animal species in its natural habitat. '
Point assignment: Criteria:
- 10 An application which proposes non-residential
development within a known habitat of a
documented threatened/endangered species as
defined in Sec. 9.5-120 (b).
- 10 An application which proposes non-residential
development within one hundred (100) feet of
any known nesting area for marine turtles, as
described in Sec. 9.5-286 (Shoreline Setbacks).
- 10 An application which proposes non-
residential development within five hundred
(500) feet of any known nesting or resting area
of the piping plover.
-5 An application proposes non-residential
development within a probable or potential
habitat of a threatened/endangered species as
defined in Sec. 9.5-120 (b).
- 2 An application which proposes non-residential
development within the habitat of a wide-
ranging threatened/endangered species or a
species of special concern as defined in Sec.
9.5-120 (b).
(6) Critical habitat areas: The following points are intended to discourage development
in critical habitat areas of the Florida Keys:
Point assignment: Criteria:
- 10 An application which proposes non-residential
development on Big Pine Key, No Name Key,
Ohio Key or North Key Largo.
- 10 An application which proposes non-residential
development within the Priority I and Priority
II acquisition areas ofthe National Key Deer
Refuge.
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- 10 An application which proposes non-residential
development within the Coupon Bight or
C.A.R.L. acquisition areas.
- 10 An application which proposes non-residential
development within the "secondary zone"
defined by the u.s. Fish and Wildlife Service
in the Habitat Management Guidelines for the
Bald Eagle in the Southeast Region, 1987,
incorporated herein by reference.
(7) Perseverance points: The following points are intended reward an application based
upon the number of years spent in the NROGO system without receiving an
allocation award:
Point assignment: Criteria:
+ 1 A point shall be awarded on the anniversary of
the controlling date for each year that the
application remains in the NROGO system.
(8) Coastal high hazard area: The following points are intended to discourage
development in a coastal high hazard area (CHHA):
Point assignment: Criteria:
- 1 An application which proposes non-residential
development within a "A" zone on the FEMA
flood Insurance rate map.
- 8 An application which proposes non-residential
development within a "V" zone on the FEMA
flood Insurance rate map.
+1 An application which proposes non-residential
development within a "X" zone on the FEMA
flood Insurance rate map.
Additional requirements:
1. The term coastal high hazard area (CHHA)
is defined in Sec. 9.5-4 and the applicable areas
are shown on the most recent Federal
Emergency Management Agency (FEMA)
flood Insurance rate map.
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(9) Coastal barrier resources system (CBRS): The following points are intended to
discourage development of the CBRS:
Point assignment: . Criteria:
- 10 Application proposes development within units
of the coastal barrier resources system (CBRS).
Additional requirements:
1. The term coastal barrier resources system
(CBRS) IS defined in Sec. 9.5-4 and the
applicable areas are shown on the most recent
FEMA flood insurance rate map.
(10) Conservation land protection areas: The following points are intended to discourage
development, which impacts conservation land protection areas:
Point assignment: Criteria:
- 2 An application, which proposes a development
located within a Conservation Land Protection
Area as defined m Sec. 9.5-4.
(I 1) Historic resources: The following points are intended to encourage protection of
historic and archaeological resources:
Point assignment: Criteria:
- 10 An application which proposes an undertaking
adversely impacting, removing, or destroying
historic resources.
+ 10 An application which proposes an undertaking
preservmg, rehabi I itating, restoring, or
reconstructing historic resources.
Additional requirements:
The Secretary of the Interior's Standards for the
Treatment of Historic Properties shall be used
in making the determ inations, and the Historic
Preservation Commission shall make the
determination.
- 19 -
(12) Highway access: The following points are intended to encourage connections
between commercial uses and reduction of the need for trips and access onto US
Highway 1:
Point assignment: Criteria:
+5 The development's parking lot is connected
to an adjacent non-residential parking lot; or
the applicant records a driveway easement in
favor of the public to connect the applicant's
parking lot to an adjacent, non-residential
parking lot; or the development does not
propose an additional driveway onto US
Highway 1
Additional Requirements:
Properties with no access to U.S. Highway 1
are only eligible to receive these points if
direct access is to a State Road or County
collector road as designated In the
comprehensive plan.
(13) Landscaping and water conservation: The following points are intended to
encourage the planting of native vegetation and promote water conservation:
Point assignment: Criteria:
+3 The project provides a total of twice (2x) the number of
native landscape plants on its property than the number
of native landscape plants required by this chapter within
landscaped bufferyards and parking areas.
+1 Twenty-five percent (25%) of the native plants provided
to achieve the three (3) point award above or provided to
meet the landscaped bufferyard and parking area
requirements of this chapter are listed as threatened or
endangered plants native to the Florida Keys.
+2 Project landscaping is designed for water conservation
including use of xeriscape principles such as vegetation
is one hundred (100%) native plants and rainfall IS
collected and directed to landscaped areas, or reused
wastewater or treated seawater is used for watering
landscaped plants.
- 20-
Additional requirements:
Prior to the issuance of a building permit authorized by
an allocation award, the applicant shall:
1'.Post a tWo-year performance bond in accordance with
this, chapter to ensure maintenance of the native plants;
and,
2. Shall sign an affidavit acknowledging that he IS
subject to code enforcement action should the native
plants not be maintained.
Sec. 9.5-124.9. Employee Housing Fair Share Impact Fee
(a) Purpose: All new non-residential floor area, including commercial/business, institutional, and
industrial development, creates a direct or indirect requirement for employee housing. The
availability and stability of employee housing stock is essential for the economic health of
Monroe County. Therefore all applicants for new or transferred non-residential floor area shall be
assessed a fee to be used by Monroe County to address employee housing issues.
(b) Type of development affected:
(1) All new non-residential floor area under Sec. 9.5-124.2 (a).
(2) The following development activities exempted under Sec. 9.5-124.3 are subject to the
Employee Housing Fair Share Impact Fee:
a. Non-residential development in areas exempted from residential ROGO. (Sec. 9.5-124.3
(a)(2)).
b. Development activity for certain not-for-profit organizations. (Sec. 9.5.124.3(a)(4)).
c. Vested rights. '(Sec. 9.5-1 24.3(a)(5)).
d. De minimis expansion of non-residential floor area. (Sec. 9 .5-124.3(a)( 6)).
e. Industrial uses. (Sec. 9.5-124.3(a)(7)).
f. Transfer and redevelopment off-site of lawfully established non-residential floor area,
which has not operated commercially for three years or more. (Sec. 9.5-124.3.3(a)(IO)).
(c) Establishment of Fee Schedule: An applicant for any new non-residential floor area,
identified in subsection (b) above, shall pay, prior to the issuance of a building permit, a fair
share employee housing fee as established by the following schedule:
Structures for non-residential uses of one (1) to 2,000 square feet
$1.00 per square foot
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Structures for non-residential uses of one to 3,000 square feet
$2.00 per square foot
Structures for nonresidential uses containing more than 3,000 square feet $3.00 per
square foot*
*The fee is calculated on the total new or transferred non-residential floor area subject to f. above,
not just on that portion above 2000 square feet.
(d) Proceeds from the impact fees collected shall be deposited in the employee housing fair share
impact fee account and used exclusively to offset the cost of required permitting and connection
fees related to the development of new employee housing, in accordance with a schedule and
procedures recommended by the Planning Commission and approved by the Board of County
Commissioners.
Section 2.
If any section, subsection, sentence, clause, item, change, or provision of this
ordinance is held invalid, the remainder of this ordinance shall not be affected by
such validity.
Section 3.
This ordinance shall be filed in the Office of the Secretary of State of Florida, but
shall not become effective until a notice is issued by the Department of
Community Affairs or Administrative Commission approving the ordinance.
Section 4.
This ordinance shall be transmitted by the Planning Department to the
Department of Community Affairs to determine the consistency of this ordinance
with the Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
at a regular meeting held on the day of , A.D., 2001.
Mayor George Neugent
Mayor Pro Tern Nora Williams
Commissioner Charles "Sonny" McCoy
Commissioner Murray Nelson
Commissioner Dixie Spehar
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor Neugent
(SEAL)
A TTEST: DANNY KOHLAGE, CLERK
DEPUTY CLERK
- 22 -
-( '"
STAFF REPORT
SECTION 9.5-124
NON-RESIDENTIAL RATE OF GROWTH ORDINANCE
(NROGO)
County of Monroe
Planninsz and Environmental Resources
2798 Overseas Highway
Suite 400
~afuon,norida 33050
Voice: (305) 289-2500
FAX: (305) 289-2536
Board of County Commissioners
Mayor-George Neugent, Dist. 2
Mayor Pro Tern Nora Williams, Dist. 4
Corom. Charles "Sonny" McCoy, Dist. 3
Corom. Murray Nelson, Dist. 5
Corom. Dixie Spehar, Dist. 1
Memorandum
FROM:
Monroe County Board of County Commissioners
K. Marlene Conaway, Director ~ ~
Planning and Environmental Res~ces
TO:
SUBJECT:
Proposed LDR amendment
Sec. 9.5-124 Non-residential rate of growth ordinance (NROGO)
DATE:
JUNE 17,2001
Overview:
This staff report recommends adding a non-residential rate of growth (NROGO) component to the
Monroe County Land Development Regulations to implement Year 2010 Comprehensive Plan
Objective 101.3 and supporting policies. The purpose of NROGO is to provide for an allocation
point system for non-residential floor area, which maintains the ratio of 239 square feet of non-
residential space for each residential unit developed as required in the 2010 Comprehensive Plan.
Provisions for the transfer of non-residential floor area off-site are also included. An employee
housing fair share impact fee is established for all new non-residential floor area. This report has
been modified as a result of public hearings held by the Planning Commission at seven meetings
between February 28 and June 13,2001.
Background:
The Monroe County Year 2010 Plan adopted on April 15, 1993, limited non-residential
development in the County to a ratio of approximately 239 square feet of floor area for each new
residential unit permitted through the permit allocation system (Objective 101.3) and required
adoption of land development regulations to establish a non-residential permit allocation system.
Due to DCA objections and challenges by intervenors, the Plan did not go into effect until January
4, 1996.
County of Monroe
On January 4, 1996, the County. instituted a .de fact moratorium because the amount of non-
residential floor area permitted between the adoption of the Plan in 1993 and the effective date of
the plan had significantly exceeded the 239 square foot ratio established by the Plan. And the Land
Development Regulations to implement the non-reside~tiar . permit allocation system were not in
place. After the effective date of the Plan; the only non-residential floor space permitted was I)
vested from the provisions of the Plan; '2) exempted wider Policy 101.3.4, or 3) replacement of
existing non-residential floor area.
In reviewing the 2010 Comprehensive Plan requirements for a non-residential rate of growth
ordinance, staff was uncomfortable with the criteria and the weighting factors required by the
comprehensive plan. NROGO as envisioned in the plan does not consider the needs or character of
the community, could contribute to sprawl, does not favor the redevelopment of existing
businesses, and provides a mechanism for acquiring points which may make inappropriate
proposals competitive. After many false starts, and constant vacancies and changeovers in County
Planning and Environmental Resources Department personnel, the planning staff has decided that
trying to develop a meaningful non-residential permit allocation system that complemented and
furthered the goals of the Livable CommuniKeys Program would only needless delay its
implementation and create more hardships for county businesses. Therefore, it was decided that
the most expedient route would be to prepare amendments to the existing land use regulations that
implemented the non-residential permit allocation system detailed in Objective 10 1.5 of the 20 10
Comprehensive Plan. Staff has attempted through the drafting of the ordinance to achieve the
planning objectives of favoring infill development at a scale that is appropriate for the Keys.
The Planning Commission, in their review of the ordinance with input from public hearings,
directed staff to further restrict the points awarded to prevent the "buying" of points which would
permit development in inappropriate areas. Therefore, the majority of criteria and points awarded
are either environmental, historical or infill sites. While extra things, such as generators, are
important the feeling is that by allocating points to these types of extra improvements it would be
possible for less desirable, inappropriate locations to develop.
Analysis of Permitted Non-residential Floor Area:
According to Monroe' County Growth Management Division permitting and planning records,
between adoption of the 2010 Comprehensive Plan on April 15, 1993, and July 13,2000, permits
were issued for 430,300 square feet of non-residential floor space, which was not exempted from
the comprehensive plan defined non-residential permit allocation system. This amount of non-
residential floor space includes permits for development within the Village of Islamorada and City
of Marathon prior to their respective incorporations.
Of the total square feet permitted, 276,641 square feet was permitted after April 15, 1993 (adoption
of the 2010 Comprehensive Plan) and prior to January 4, 1996. The remaining 153,659 square feet
was permitted after that date for projects vested from the non-residential permit allocation system
provisions of the 2010 Comprehensive Plan.
2
County of Monroe
Between April 14, 1993 (Third Quarter, ROGO Year 1) and July 13,2000 (Fourth Quarter, ROGO
Year 8), 1687 allocations were awarded and permits issued for residential development. [Note:
these allocations do not include those awarded by Islamorada and Marathon subsequent to their
incorporation.] This number of residential permits would allow a total of 403,193 square feet of
non-residential floor space (239 square feet per residential permit times the number of residential
permits issued under ROGO). Therefore, as of July 13, 2000, the county had permitted
approximately 27,100 square feet more non-residential floor space than could have been available
for allocation at that time under Policy 101.3.1, the non-residential permit allocation system.
It is anticipated that for ROGO Years 9 and 10 (July 14, 2000, through July 14, 2002), 348
residential ROGO allocations will be awarded in unincorporated Monroe County. This amount of
residential permits provides for an additional 83,172 square feet of non-residential floor area.
Combined with the 403,193 square feet authorized previously in Years 1 through 8, the total
amount of non-residential floor space that could be permitted under Policy 101.3.1 would be
486,365 square feet. Therefore, the net amount of non-residential floor space that could be made
available for allocation under a non-residential permit allocation system through the end of July 14,
2002, would be 56,065 square feet. (486,365 square feet allowable - 430,300 square feet previously
permitted = 56,065 square feet available). The amount of square feet available for allocation was
furthered reduced by a recent Settlement Agreement, leaving a net of 44,292 square feet of non-
residential floor space that could be made available for allocation.
Monroe County 2010 Comprehensive Plan
NROGO has been structured to achieve Objective 101.5:
1. Encourage the redevelopment and renewal of blighted areas (9J-5.006(3)(b)2).
By awarding 10 points to Infill development the point system is weighted to encourage
redevelopment of land that has been bypassed, remained vacant and/or under used in otherwise
built up areas with existing infrastructure.
2. Maintain and enhance the character of the community (9J-5.006(3)(b)3)
The purpose and intent statement ofNROGO includes promoting the up grading and expansion
of existing small-scale businesses and retaining the small-scale character of the non-residential
development in the Florida Keys. This is accomplished by limiting the amount of non-
residential floor area, which can be allocated to 2.500 square feet for anyone site, and by
limiting the amount of expansion permitted for existing structures. Larger amounts will only be
allocated if the site is designated in a community master plan. Preference is given to applicants
requesting 2,500 square feet or less of floor area by reserving 75% of the available gross
allocation for their projects. Adverse impacts on historic resources would result in a minus 10
score, while restoration would receive + 10 points. Existing non-residential floor space from a
structure with significant historic value may not be demolished and transferred off-site. The
amount of floor space that can be transferred to anyone site is limited.
3. Protect natural resources (9J-5.006(3)(b)4)
Negative points are assigned to discourage development which propose to clear habitat, may
impact threatened or endangered species, are located in critical habitat areas, coastal high
3
County of Monroe
hazard areas, the coastal barrier resource system, an offshore island and conservation land
protection areas. Transfer of non-residential floor space is limited to sites, which would not
receive negative environmental points and is not located in one of the preceding areas.
,1._. ,1 ii,
4. Encourage a compact pattern of development (9J-5.006(3)(b)7)
By encouraging infill development through the weighting factor and defining an infill site as a
parcel within 200 feet of an existing non-residential use or an existing non-residential use of a
minimum of 500 square feet, NROGO provides a mechanism for encouraging compact
development.
5. Encourage the development of affordable housing.
By establishing an employee housing fair share impact fee, the ordinance sets up a mechanism
whereby the development of non-residential floor area will result in funds which may be used
to offset the cost of building affordable housing.
Policy 101.5.1 directs the county to implement a point system for non-residential development to
be used, as the basis for determining which development applications will receive an allocation of
non-residential floor area and a building permit. Policy 101.5.5 provides the point system criteria
and corresponding weighting categories to be used when implementing NROGO via the land
development regulations.
The following Weighting Categories in Policy 101.5.5 have not been included in the proposed
NROGO: 1) The availability of infra structure (category 2) is included in the points for infill, the
additional points were considered redundant. 2) Weighting category 10 Energy Conservation, 11
Structural Integrity, and 16 Disaster Recovery are either currently required in the building code or
will only increase the opportunity for an inappropriate location to be developed by "buying" a
permit. 3) Weighting Category 9 Water Conservation has been combined with category 15
landscaping.
The remaining weighting factors and point ranges have been followed in constructing the
evaluation criteria for NROGO. The emphasis has been given to promoting infill development,
while preserving the environmental resources in the County. The points for disaster recover and
structural integrity were included by staff because of the requirements in the comprehensive plan
although staff were concerned that they should not overshadow the need to follow good growth
management policies. The Planning Commission subsequently decided to delete these criteria,
because they presented a way for inappropriate sites to develop. A similar point structure in
residential ROGO has served to provide a mechanism for sprawl and construction of houses in V
zones and habitat areas. '
Proposed Revisions:
The proposed amendment adds a non-residential rate of growth ordinance (NROGO) to the LDRS.
· Sec. 9.5-124 includes the purpose and intent of the ordinance and definitions.
4
County of Monroe
. Sec. 9.5-124.1 defines the area covered by the ordinance and requires that any non-residential
development must receive an allocation award.
. Sec. 9,5-124.2 clarifies that any new non-residential development which requires a building
permit and for which one has not been issued is included in NROGO.
. Sec. 9.5-124.3 lists the types of development not effected by NROGO. This section includes
the authority for the transfer off-site of existing non-residential floor area with eligibility
criteria for both the sender and receiver sites and procedures and limitations for such transfer.
. Sec. 9.5-124.4 explains the methodology for determining available floor area for the annual
allocation, limits on allocation amounts, allocation periods and dates for submission of
applications.
. Sec. 9.5-124.5 details the application procedures.
. Sec. 9.5-124.6 lists the evaluation procedures to be followed in ranking the applications and
allocating the non-residential floor space award.
. Sec. 9.5-124.7 provides a mechanism for administrative relief for those projects that do not
receive an allocation award.
. Sec. 9.5-124.8 contains the evaluation criteria and point assignment for NROGO.
. Sec. 9.5-124.9 establishes an employee housing fair share impact fee.
Findings:
1. Based on the Monroe County Code, staff finds that the proposed amendment is consistent with
the Sec. 9.5-511 of the Monroe County Code.
2. Based on the Monroe County 2010 Comprehensive Plan, staff finds that the proposed text
amendment is consistent with and furthers the goals and objectives of the plan.
Recommendation:
The Planning staff recommends approval of the proposed text amendment of the Land
Development Regulations.
5
.II:.
PLANNING COMMISSION RESOLUTION
NO. P2-01
SECTION 9.5-124
NON-RESIDENTIAL RATE OF GROWTH ORDINANCE
(NROGO)
RESOLUTION NO. P42-01
A RESOLUTION BY THE MONROE COUNTY
PLANNING COMMISSION RECOMMENDING
APPROVAL TO THE BOARD OF COUNTY
COMMISSIONERS OF THE REQUEST FILED
BY THE PLANNING DEPARTMENT TO
AMEND THE MONROE COUNTY LAND
DEVELOPMENT REGULATIONS BY
ADDING SEe. 95-124, NON-RESIDENTIAL
RATE OF GROWTH ORDINANCE (NROGO).
THIS AMENDMENT PROVIDES FOR AN
ALLOCA TION POINT SYSTEM FOR NON-
RESIDENTIAL FLOOR AREA, WHICH
MAINTAINS THE RATIO OF RESIDENTIAL
TO NON-RESIDENTIAL DEVELOPMENT AS
REQUIRED IN THE 2010 PLAN.
WHEREAS, Policy 101.3 of the Monroe County Year 2010 Comprehensive Plan
(2010 Plan) requires Monroe County to regulate non-residential development to maintain
a balance of land uses; and
WHEREAS, Policy 101.3.1 specifies that a permit allocation system, comprised
of a residential permit allocation system and a commercial permit allocation system, be
adopted; and
WHEREAS, pursuant to Policy 101.3.3, Monroe County shall maintain a ratio of
approximately 239 square feet of non-residential development for each new residential
unit permitted through the permit allocation system; and
WHEREAS, on January 4, 1996, the county instituted a de facto moratorium
because the amount of non-residential floor area permitted between the adoption of the
2010 Plan and the effective date of the Plan exceeded the 239 feet ratio established by the
Plan; and
WHEREAS, residential development has continued and by December 2000 had
equaled the non-residential permits issued; and
WHEREAS, Policy 101.5.5 requires the County to implement a permit allocation
and point system for non-residential development; and
WHEREAS, the point system was modified to better fulfill Objective 101.5, to
encourage redevelopment, maintain and enhance the community character, protect
natural resources, encourage a compact pattern of development, and to encourage the
development of affordable housing.
WHEREAS, the Development Review Committee met on.February 15,2001 and
conducted a public meeting and recommended approval to the Planning Commission of
the proposed amendments; and. ,
WHEREAS, the Monroe County Planning Commission, reviewed the draft
ordinance and took testimony during a public hearing conducted at seven meetings
between February 28 and June 13,2001; and
WHEREAS, The Planning Commission was presented with the following
evidence, which by reference is hereby incorporated as part of the record of said hearing;
1. Staff report prepared on February 7, 2001 by K. Marlene Conaway, Director,
Planning and Environmental Resources; and
2. Proposed changes to the Monroe County Land Development Regulations; and
3. The sworn testimony of the Growth Management Staff; and
4. Comments by the public; and
WHEREAS, the Planning Commission has made the following Findings of Fact
and Conclusions of Law based on the evidence presented:
1. Policy 101.3 and Objective 101.5 of the Monroe County Year 2010 Comprehensive
Plan directs the County to develop a permit allocation system for non-residential
development that maintains a balance with new residential development, protects the
environment, enhances the community character, and discourages sprawl.
2. That new non-residential floor area creates a direct or indirect requirement for
employee housing and that the proposed ordinance provides for a fair share employee
housing impact fee.
3. The proposed NROGO amendment meets the requirements of the 2010 Plan by
providing a mechanism to permit a limited amount of non-residential development while
continuing to offer protection for the environmental resources and the community
character of the Florida Keys and the individual neighborhoods.
4. Based on the Monroe County Year 2010 Comprehensive Plan, we find that the
proposed changes are consistent with its goals. NOW THEREFORE;
BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE
COUNTY, FLORIDA, that the preceding Findings of Fact and Conclusions of Law,
support its decision to recommend APPROVAL to the Board of County Commissioners
of the addition to the text of the Monroe County Land Development Regulations, Section
9.5-124 Non-residential rate of growth ordinance (NROGO) as follows:
Sec. 9.5-124. Non-residential rate of growth ordinance (NROGO).
(a) Purpose and intent: The purposes and intent of the non-residential rate of
growth ordinance are:
(1) To facilitate implementation of goals, objectives and policies set forth in the
comprehensive plan relating to maintaining a balance between residential and
non-residential growth.
(1) To maintain a ratio of approximately 239 square feet of non-residential floor
area for each new residential permit issued through the residential rate of
growth ordinance (ROGO).
(3) To promote the upgrading and expansion of existing small-size businesses and
to retain the predominately small scale character of non-residential
development in the Florida Keys.
(4) To regulate the rate and location of non-residential development in order to
further deter deterioration of public facility service levels, environmental
degradation and potential land use conflicts.
(5) To allocate the non-residential floor area annually hereunder, based on the
goals, objectives and policies of the comprehensive plan and the Livable
CommuniKeys master plans.
(b) Definitions: The words and phrases used in this section shall have the
meanings prescribed in this chapter, except as otherwise indicated as follows:
Annual allocation period means the twelve-month period beginning on July 14,
2001, and subsequent one-year periods which is used to determine the amount of non-
residential floor area to be allocated based on the number of ROGO allocations to be
issued in the upcoming ROGO year.
Allocation date means the specific date and time by which applications for the
NROGO allocation applications will be accepted and processed.
Annual non-residential ROGO allocation means the maximum floor area for
which building permits may be issued during an annual allocation period.
Community master plan means a plan adopted by the Board of County
Commissioners as part ofthe Monroe County Livable CommuniKeys Program.
Controlling date has the same meaning as the definition Sec. 9.5-120 (b), except it
shall apply to NROGO applications under this section.
.Historic Resources means a building, structure, site, or object listed or eligible for
listing individually or as a contributing resource; ina district in the National Register of
Historic Places, the State Inventory of Historic Resources or the Monroe County Register
of Designated Historic Properties.
Infi/l means development or redevelopment of land that has been bypassed,
remained vacant, and/or underused in otherwise built up areas, which are serviced by
existing infrastructure.
Infill site means any parcel or parcels of land that meets anyone of the following
criteria:
1. Has been designated as appropriate for non-residential development in an
adopted community master plan, or
2. Located within two hundred (200) feet of an existing non-residential use in
the Industrial (I), Marine Industrial (MI), Urban Commercial (UC), Sub
Urban Commercial (SC), and Mixed Use (MU) Districts, as measured from
property line to property line, which fronts on the same side of the public
right-of-way as the subject property, or
3. Has existing non-residential uses with more than five hundred (500) square
feet of lawfully established non-residential floor area.
Non-residential floor area means the sum of the gross floor area for a non-
residential structure as defined in Sec. 9.5-4, any areas used for the provision of food and
beverage services and seating whether covered or uncovered, and all covered, unenclosed
areas except for walkways, stairways, entryways, parking and loading. Non-residential
floor area is not space occupied by transient residential and institutional residential
principal uses.
Non-residential ROGO allocation means the maximum amount of non-residential
floor area for which building permits may be issued in a given time period.
Non-residential ROGO allocation award means the approval of a non-residential
ROGO application for the issuance of a building permit to authorize construction of new
non-residential floor area.
Site means the parcel(s) of land or parcels required to be aggregated under Sec.
9.5-256 to be developed or from which existing non-residential floor area is to be
transferred or received.
Sunshade means an unenclosed structure used as protection from the weather.
Storage area means the outdoor storage of boats, campers, equipment, and
materials for more than 24 hours. This is considered a light industrial use and does not
include waste transfer stations, junkyards or other heavy industrial uses.
Sec. 9.5-124.1. General provisions.
(a) Non-residential ROGO allocation award required: No building permit shall
be issued after January 4, 1996, that results in additional non-residential floor area on a
site unless that non-residential development has received a non-residential allocation
award, or is determined to be exempt as provided below.
(b) Applicable geographic area: The NROGO allocation system shall apply
within the unincorporated area of Monroe County, Florida.
Sec. 9.5-124.2. Type of development affected.
(a) The NROGO shall apply to the development of non-residential floor area and
other uses as described in subsection (b) and (c) below for which a building permit or
development approval is required by this chapter and for which building permits have not
been issued prior to the effective date of the non-residential permit allocation system.
(b) Not withstanding the provisions of Sec. 9.5-4 (D-8) Development, the following
new uses shall be prohibited until appropriate areas are so designated in a community
master plan:
(1) Commercial retail high-intensity uses that generate more than one hundred and
fifty (150) trips per thousand (1,000) square feet of floor area.
(2) Storage areas, as a principal use.
(3) Outdoor retail sales areas on a vacant lot and any new or expanded outdoor
retail sales associated with structures ofless than five hundred (500) square feet
of floor area.
(c) New or expanded outdoor retail sales associated with a lawfully established
structure, existing on the effective date of this ordinance, of at least five hundred (500)
square feet of floor area may be permitted with a minimum of a minor conditional use
approval.
Sec. 9.5-124.3. Type of development not affected.
(a) The NROGO shall not apply to the development described below:
(1) Development with no net increase in non-residential floor area: The
redevelopment, rehabilitation or replacement of any lawfully established non-
residential floor area which does not increase the amount of non-residential
floor area greater than that which existed on the site pnor to the
redevelopment, rehabilitation or r.c;placement. '
(2) Areas exempted from residential R@GO: Any area of unincorporated Monroe
County exempted from residential ROGO as provided for in Sec. 9.5-120.4.
. I
(3) Public/governmental uses: Public/governmental uses, including capital
improvements [as defined by Sec. 9.5-4 \(C-5)] and public buildings [as
defined by Sec. 9.5-4 (P-18)].
(4) Development activity for certain not-for-profit organizations: Non-residential
development activity by federally tax exempt not-for-profit educational,
scientific, religious, social, cultural and recreational organizations which
predominately serve the county's permanent population if approved by the
Planning Commission after review by the planning director.
(5) Vested rights: Landowners with a valid, unexpired development of regional
impact approval granted by the county prior to January 4, 1996, (effective date
of the comprehensive plan) or an approved vesting determination by the
county from the non-residential allocation requirements of this section and the
comprehensive plan.
(6) De minimis expansion of non-residential floor area: The cumulative
expansion, after January 4, 1996, of any existing non-residential floor area by
one hundred (100) square feet or less.
(7) Industrial uses: Industrial uses in the Maritime Industrial (MI) and the
Industrial (I) Land Use Districts provided that the floor area is restricted to
manufacturing, assembly, wholesaling, and distribution uses. All other uses
which, may be permitted in the Land Use District are subject to the
requirements of this Ordinance and will require a Non-Residential Rate of the
Growth Ordinance (NROGO) allocation.
(8) Agricul~ure/Aquacultural uses: Lawfully established agricultural and
aquacultural uses in the Agricultural and Aquaculture Use Overlay (A).
(9) Sunshade: Unenclosed sunshades comprising in total not more than two
hundred (200) square feet may be permitted for an existing lawfully
established use.
(10) Transfer off-site of existing non-residential floor area: The demolition and
transfer off-site of non-residential floor area from a sender site and the
development of the transferred non-residential floor area on a receiver site in
accordance with the following procedures and criteria:
a. Eligibility of sender floor area: Only non-residential floor area within an
enclosed structure, as defined in Sec. 9.5-4 (F-9), not including uncovered
areas designated for food and beverage services and seating, shall be eligible
for transfer. Non-residential floor area shall meet all the following criteria:
1. Be lawfully established; and
11. Is not be contained within a structure of historic value or a structure
which contributes significantly to the character of the streetscape; and
111. Is not located within any area of unincorporated Monroe County
exempted from residential ROGO as provided for in Sec. 9.5-120.4 or
exempted from NROGO under subsections (3), (4), (6), (7), or (8)
above.
b. Criteria for redevelopment of non-residential floor area off-site: In order to
redevelop off-site, a receiver site shall be evaluated for site conditions and
shall meet all of the following criteria:
1. Has existing lawfully established non-residential floor area or is an
infill site; and
11. Is located in the same ROGO subarea as the sender site; and
111. Is not a commercial retail high intensity use which will generate more
than 150 trips per one thousand (1000) square feet of floor area; and
IV. Is not located on Big Pine Key, No Name Key or within a CARL
acquisition area; and
v. Receives no negative environmental points when evaluated pursuant to
Sec. 9.5-124.8 (a) (4) or (5) or (6); and
VI. Is not located in a "V" zone pursuant to Sec. 9.5-124.8 (a) (8), and
V11. Is not located in a coastal barrier resources system pursuant to Sec.
9.5-124.8 (a) (9); and
V1l1. Is not located in an offshore island/conservation land protection area
pursuant to Sec. 9.5-124.8 (a) (10).
c. Limitations on the amount of non-residential floor area which may be
transferred to anyone site: The amount of non-residential floor area which
may be transferred to anyone site shall be as follows:
1. No more than a maximum cumulative total of four thousand (4,000)
square feet of non-residential floor area may be transferred to anyone
site.
11. A receiving structure with existing noooiresidential floor area shall not
be expanded using transferred floor area if the. expansion results in a
structure with more than ten thousand (10,000) square feet of non-
residential floor area, except 'within the Urban Commercial Land Use
District where a structure may be expanded to a maximum total of fifty
thousand (50,000) square feet of non-residential floor area.
111. The amount of non-residential floor area that may be transferred to or
from a site shall not be less than two hundred (200) square feet and
shall be in increments of"100" (i.e., 200,300,400, etc.) square feet.
d. Procedures for transfer of non-residential floor area: The following
procedures shall be followed for permitting transfer of non-residential floor
area off site:
1. A pre-application conference and at a minimum, a minor conditional
use approval shall be required for both the sender site and the receiver
site.
11. The sender non-residential floor area shall be assigned a unique
identifier number( s), for each one hundred (100) square foot
increments, that shall be used for tracking and monitoring by the
planning department. The unique identifier number shall be itemized
in the conditional use orders and building permits required for both the
sender and receiver sites. All floor area to be transferred shall be
rounded to the nearest one hundred (100) square feet.
111. No building permit shall be issued for the non-residential floor area on
the receiver site until the sending site structure is demolished as per an
issued demolition permit and a final inspection for the demolished
floor space has been completed by the building department.
Sec.9.5-124.4. NROGO allocations.
(a) Maximum amount of available floor area for the annual non-residential
ROGO allocations: The maximum amount of floor area available for allocation under
NROGO shall be determined by multiplying the number of residential permits available
for the annual residential allocation period year by two-hundred thirty-nine (239) square
feet and rounding the product to the nearest one hundred (100) square feet. This
maximum total may be adjusted as provided for in subsection 9.5-124.6(a). For the first
annual allocation period, the maximum amount of floor area that may be made available
for allocation is to be based upon the number of permits issued under ROGO, starting
with the Third Quarter, ROGO Year 1 (starting April 14, 1993) through ROGO Year 9
(ending July 13,2001) and number of ROGO allocations to be made in ROGO Year 10,
reduced by the amount of non-residential floor area approved in permits, issued after the
adoption of the comprehensive plan on April l5, 1993. Any remaining part of the
maximum annual allocation not made available for allocation in an annual allocation
period by the Board of County Commissioners in Sec. 124.4 (g) shall be carried over to
the next annual allocation period.
(b) Maximum allocation of non-residential floor area by site: The amount of
non-residential floor area to be allocated shall be limited to a maximum of two-thousand
five hundred (2,500) square feet for anyone site, except for sites designated for non-
residential development in a community master plan. For sites located within a
community master plan, the maximum allocation shall only be limited by the maximum
floor area per structure in subsection (c) below.
(c) Maximum floor area per structure: An existing structure shall not receive an
allocation that expands the structure to more than ten thousand (10,000) square feet of
non-residential floor area, except that non-residential floor area of structures in the Urban
Commercial Land Use District may be expanded to not more than fifty thousand (50,000)
square feet.
(d) Large and small size allocations: A minimum of seventy-five percent (75%)
of the available floor area to be allocated in any annual allocation period shall be for
applications requesting floor area of two thousand five hundred (2,500) square feet or
less. The remaining twenty-five percent (25%) may be allocated to applications
requesting floor area of more than two thousand five hundred (2,500) square feet.
(e) Annual allocation and semiannual allocation periods: The maximum annual
amount of non-residential floor area which may be made available for allocation and the
distribution between small (2,500 square feet or less) and large ( more than 2,500 square
feet) allocations shall be established by the Board of County Commissioners consistent
with the provisions of Sec. 9.5-124.4 (a) and (d) upon the recommendation of the
Planning Commission and planning director as set forth in Sec. 124.4 (g). The allocation
shall be made available on a county-wide basis. The amount of non-residential floor area
which, may be made available for each allocation period as determined in Sec. 9.5-124.4
(g), may be available for allocation awards after the first allocation date of that year. Any
floor area not allocated in this first allocation or floor area that becomes available later in
the current allocation period under provisions of Sec. 9.5-124.6 (a) may be made
available for allocation awards after a second allocation date.
(f) Allocation dates: To be considered for an allocation award, all NROGO
applications must be submitted to the planning department and deemed complete by the
planning director by no later than 4:00 p.m. on the specified allocation date. The first
allocation date of a NROGO annual allocation period shall be the last day of the fourth
quarter ROGO allocation period, except that for the first NROGO annual allocation
period, the allocation date shall be January 1, 2001. The second allocation date for the
current NROGO annual allocation period, if necessary, shall be the last day of the second
quarter ROGO allocation period.
(g) Board of County Commissioners action required: The Board of County
Commissioners shall adopt by resolution the total amount of non-residential floor area,
which may be made available for the annual allocation and the distribution of this
allocation between small and large size allocations after receiving recommendations from
the Planning Commission andiplanning director. The Planning Commission shall make
its allocation recommendations to the Board of County Commissioners at least ninety
(90) days prior to the annual allocation date. The Board of County Commissioners shall
establish the annual maximum allocation, the allocation to be made available for the first
allocation period and the distribution between small and large size allocations by no later
than sixty (60) days prior to the allocation date.
(h) Annual allocation: The Board of County Commissioners may make available
for allocation all or part of the maximum annual allocation. This annual allocation may
be distributed between the two allocation dates.
Sec. 9.5.124.5. Application procedures for NROGO.
(a) Application for allocation: The planning department shall accept applications
to enter the NROGO system on forms provided by the planning director. The NROGO
application form must be accompanied by an approved building permit application in
order to be considered in the current annual allocation period. The application must state
for which allocation category an award is being sought, either two thousand five hundred
(2,500) square feet or less, or more than two thousand five hundred (2,500) square feet,:
The planning director shall review the NROGO application for completeness. If the
application is determined to be incomplete, the planning director 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.
(b) Fee for review of application: Each NROGO application shall be
accompanied by a nonrefundable processing fee as may be established by resolution of
the Board of County Commissioners. Additional fees are not required for successive
review of the same NROGO application unless the application is withdrawn and
resubmitted.
(c) Compliance with other requirements: The NROGO applications shall
indicate whether the applicant for the non-residential floor area allocation has satisfied
and complied with all county, state, and federal requirements otherwise imposed by
Monroe County regarding conditions precedent to issuance of a building permit and shall
require that the applicant certify to such compliance.
(d) Time of review: Notwithstanding the time periods set forth in Sec. 9.5-113,
the director of planning may retain the allocation application and its associated building
permit application for review pursuant to the evaluation procedures and criteria set forth
in Sec. 9.5-124.6 and Sec. 9.5-124.8.
(e) Non-county time periods: The county shall develop necessary administrative
procedures and, if necessary, enter into agreements with other jurisdictional entities
which impose requirements as a condition precedent to development in the county, to
ensure that such non-county approvals, certifications and/or permits are not lost due to
the increased time requirements necessary for the county to process and evaluate
residential 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 "coordination letters" in lieu of approvals or permits.
(f) Limitation on number of applications:
(1) An individual entity or organization may have only one (1) active NROGO
application
per site in the annual allocation period.
(2) There shall be no limit on the number of separate projects for which NROGO
applications may be submitted by an individual, entity or organization.
(g) Expiration of allocation award: An allocation award shall expire when its
corresponding building permit is deemed to expire pursuant to Sec. 9.5-115 and Sec. 9.5-
115.1 or after sixty (60) days of mailing of notification for the award of the allocation of
non-residential floor area.
(h) Withdrawal of NROGO application: An applicant may elect to withdraw a
NROGO application without prejudice at any time up to finalization of the evaluation
rankings by the Planning Commission. Revision and resubmission of the withdrawn
application must be in accordance with subsection (i) below.
(i) Revisions to applications and awards:
(1) Upon submission of 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 non-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.
(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 non-residential development which formed the basis for the
evaluation, review; determination of points and allocation rankings, unless
such- revisions are acoomplished 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.
G) Clarification offJpplication data:
(1) At any time during the NROGO allocation review and approval process, the
applicant may be requested by the director of planning or the Planning
Commission, to submit additional information to clarify the relationship of the
allocation application, or any elements thereof, to the evaluation criteria. If
such a request is made, the director of planning 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 director of planning 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.
See. 9.5-124.6. Evaluation procedures for non-residential floor area allocation.
(a) Adjustment of non-residential floor area allocations: At the start of each
annual allocation period and prior to the second allocation date, as part of his duties in
Sec. 124.4 (g), the planning director shall recommend to the Planning Commission
additions or subtractions to the basic allocation, based upon any of the following, as
appropriate:
(1) The amount of floor area allocation awards that expired during the current
annual allocation period.
(2) The amount of floor area allocation awards available which were not allocated
at the first allocation of the current annual allocation period;
(3) A portion or all of the remaining maximum floor area not made available in
the current or previous annual allocation period; and
(4) Any other modifications required or provided for by the comprehensive plan.
(b) Initial evaluation of allocation applications: Upon receipt of completed
NROGO allocation applications, the director of planning or his designee shall evaluate
the allocation applications pursuant to the evaluation criteria set forth in Sec. 9.5-l24.8.
(I) Within thirty (30) days of an allocation date, unless otherwise extended by the
Planning Commission, the planning director shall:
a. Complete the evaluation of all allocation applications submitted during the
relevant allocation period; and
b. Total the amount of square footage for which allocation applications have
been received; and
c. Rank the floor area allocation applications in descending order from the
highest evaluation point total to the lowest for each size classification.
(2) If the amount of floor area represented in the allocation applications by size
classification is equal to or less than the available allocation, the director of
planning may make a recommendation to the Planning Commission that all
of the allocation applications be granted allocation awards.
(3) If the total amount of floor area represented in the allocation applications by
size classification, is greater than the available floor area, the director of
planning shall submit an evaluation report to the Planning Commission
indicating the evaluation rankings and identifying those applications whose
ranking puts them within the allocation, and those applications whose ranking
puts them outside of the allocation.
(c) Public hearings and allocation awards: Upon completion of the evaluation
ranking report and/or recommendation, the director of planning shall schedule and notice
a public hearing by the Planning Commission pursuant to otherwise applicable
regulations.
(1) At or prior to the public hearing, the Planning Commission may request, and
the director of planning shall supply, copies of the allocation applications and
the director of planning evaluation worksheets.
(2) Upon review of the allocation applications and evaluation worksheets, the
Planning Commission 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 Planning Commission changes 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 application's size classification.
b. A mistake in the application of one (1) or more_of the evaluation criteria.
c. A misinterpretation of the applicability of an evaluation criterion.
(4) The public, including, but not limited to, applicants for allocation awards,
shall be permitted to testify at the public hearing. Applicants may offer
testimony about their applications or other applications; however, in no event
may an applicant offer modifications to an application that could change the
points awarded or the ranking of the application.
(5) At the conclusion of the public hearing, the Planning Commission may:
a. Move to accept the evaluation rankings as submitted by the director of
planning.
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.
e. Move to reject the evaluation rankings.
(6) The Planning Commission shall finalize the evaluation rankings within sixty
(60) days following initial receipt of the director of planning evaluation
ranking, report and recommendation.
(d) Notification to applicants: Upon finalization of the evaluation rankings by the
Planning Commission, notice of the rankings by size classification, shall be posted at the
planning department offices 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. Upon receipt of notification of an allocation
award, the applicant may request issuance of a building permit for the
applicable development of the allocated non-residential floor area.
(2) Applicants who fail to receive allocation awards shall be further notified by
certified mail, return receipt requested; without further action by such
applicants nor the payment of any additional fee, such applications shall
remain in the NROGO system for reconsideration at the next allocation in the
current or following annual allocation period.
(e) Identical rankings: If two (2) 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 Planning Commission shall award the
allocation to the completed application first submitted, based on the controlling date of
the application. If two (2) 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.
Sec. 9.5-124.7. Administrative relief.
(a) Eligibility: 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 non-residential permit
allocation system.
(2) The subject application has not been withdrawn; and
(3) The subject application has been considered in at least three (3) of four (4)
consecutive annual allocation periods and has failed to receive an allocation
award.
(b) Application: An application for administrative relief shall be made on a form
prescribed by the director of planning and may be filed with the planning department no
earlier than the conclusion of the third annual allocation period and no later than ninety
(90) 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 non-residential floor area
allocation system.
(d) Processing and review by planning director: Upon the filing of an application
for administrative relief, the director of planning shall prepare a written report with
recommendation and forward the report to the Board of County Commissioners along
with all relevant files and records relating to the subject application. The planning
director shall advertise and schedule a public hearing for consideration of the application
by the Board of County Commissioners.
(e) Public hearing: At a public hearing, the Board of County Commissioners
may review the relevant application 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. At the conclusion of the public
hearing, the Board may take any or a combination of the following actions:
(1) Grant the applicant an allocation award for all or a part of the non-residential
floor area requested in the next allocation awards.
(2) Offer to purchase the property at its fair market value.
(3) Suggest such other relief as may be necessary and appropriate.
Sec. 9.5-124.8. Evaluation criteria.
(a) Evaluation point values: The following point values established are to be
applied cumulaiively,e~pt. where otherwise specified:
(1) Infill: The following points are intended to encourage the in fill of areas served
by existing infrastructure:
I Point assignment:
I Criteria:
+10 An application which proposes non-
residential development on an infill site
served by existing infrastructure, including
at a minimum, potable water, electricity,
and roadways, which the county engineer
determines is paved.
Additional requirements:
In order to be considered "served," the
necessary infrastructure must be both:
I. Located along the same street as the lot
or parcel proposed for development; and
2. In place since July 13, 1992.1
I
(2) Intensity reduction: The following points are intended to encourage the
voluntary reduction of intensity:
I Point assignment:
+4
I Criteria:
An application proposes development that
reduces the permitted floor area ratio
(FAR) to twenty three percent (23%) or
less.
IAdditional requirements:
A legally binding restrictive covenant
running in favor of Monroe County that
limits the floor area ratio of the property to
a maximum of twenty three percent (23%)
for a period of ten (10) years shall be
approved by the Board of County
Commissioners and recorded prior to the
issuance of any building permit pursuant to
an allocation award.
(3) Land dedication: The following points are intended to encourage the voluntary
dedication of vacant, buildable land within those areas proposed for
acquisition by governmental agencies for the purposes of conservation or
resource protection:
Point assignment:
+1
Criteria:
An application which includes the
dedication to Monroe County of one (1)
vacant, legally platted buildable lot or at
least one (I) acre of unplatted buildable
land located within a Conservation Land
Protection Area or areas proposed for
acquisition by governmental agencies for
the purposes of conservation and resource
protection.
+ 1
An application which includes the
dedication to Monroe County of either an
additional legally platted, buildable lot, or
an additional one (1) acre of unplatted
buildable land located in areas proposed for
acquisition by governmental agencies for
the purposes of conservation or resource
protection.
Additional requirements:
1. "Buildable" shall mean construction of a
dwelling unit or non-residential
development, as determined by the
planning director.
2. The application shall include but not be
limited to the following:
* An affidavit of ownership of all affected
lots, parcels, acreage or land;
* A statutory warranty deed, subject to the
approval of the Board of County
Commissioners prior to filing in the office
of the clerk of the county, which conveys
the dedicated property to the county. Such
deed must be approved by the Board before
any development approval may be issued
pursuant to an award.
(4) Habitat protection: The following points are intended to discourage the
clearing of significant habitat and are based on the type and quality of the
existing vegetation located within an area approved for clearing or
development as shown on the approved site plan:
Point assignment: Criteria:
- 10 An application which proposes to clear an
area of habitat type and quality from
Group 4 which includes the following:
* High hammock (high quality)
* Low hammock (high quality)
* Pineland
* Undisturbed beachlberm
* Saltmarsh and buttonwood wetlands
* Palm hammock
* Cactus hammock
- 5 An application which proposes to clear an
area of habitat type and quality from
Group 3 which includes the following:
* High hammock (moderate quality)
* Low hammock (moderate quality}
-2 An application which proposes to clear an
area of habitat type and quality from
Group 2 which includes the following:
* High hammock (low quality)
* Low hammock (low quality)
* Disturbed land with saltmarsh and
buttonwood
* Disturbed land with beachlberm (design
standards).
+ 1 An application which proposes to develop
in an area of habitat type and quality from
Group 1 'which includes the following:
* Disturbed/scarified
* Disturbed with exotics
Additional requirements:
1. If the approved clearing area includes
more than one (1) habitat typelhabitat
quality group, points shall be assigned
to the application for development on
the basis of the following formula:
(Area of clearing in Group l/area in
parcel of land to be cleared) X (+ 1) +
(area of clearing in Group 2/area in
parcel of land to be cleared) X (- 2) +
(area of clearing in Group 3/area in
parcel of land to be cleared) X (- 5)
+(area of clearing in Group 4/area in a
parcel of land to be cleared) X (- 10).
2. A determination of the quality of an
undisturbed high hammock, low hammock
or pine lands shall be made through the
utilization of the habitat analysis indices
and scores (HEI), applied pursuant to
article VII, (environmental design
standards), of this chapter.
(5) Threatened or endangered animal species: The following points are intended
to discourage development due to the probable adverse impacts of a proposed
development on the successful protection and recovery of a threatened or
endangered animal species in its natural habitat.
Point assignment: Criteria:
- 10 An application which proposes non-
residential development within a known
habitat of a documented
threatened/endangered species as defined
in Sec. 9.5-l20 (b).
-10 An application which proposes non-
residential development within one
hundred (100) feet of any known nesting
area for marine turtles, as described in Sec.
9.5-286 (Shoreline Setbacks).
-10 An application which proposes non-
residential development within five
hundred (500) feet of any known nesting or
resting area of the piping plover.
-5 An application proposes non-residential
development within a probable or potential
habitat of a threatened/endangered species
as defined in Sec. 9.5-120 (b).
-2 An application which proposes non-
residential development within the habitat
of a wide-ranging threatened/endangered
species or a species of special concern as
defined in Sec. 9.5-120 (b).
(6) Critical habitat areas: The following points are intended to discourage
development in critical habitat areas of the Florida Keys:
Point assignment: Criteria:
- 10 An application which proposes non-
residential development on Big Pine Key,
No Name Key, Ohio Key or North Key
Largo.
-10 An application which proposes non-
residential development within the Priority
I and Priority II acquisition areas of the
National Key Deer Refuge.
- lO An application which proposes non-
residential development within the Coupon
Bight or e.A.R.L. acquisition areas.
- 10 An application which proposes non-
residential development within the
"secondary zone" defined by the U.S. Fish
and Wildlife Service m the Habitat
Management Guidelines for the Bald Eagle
m the Southeast Region, 1987,
incorporated herein by reference.
(7) Perseverance points: The following points are intended reward an application
based upon the number of years spent in the NROGO system without
receiving an allocation award:
Point assignment: Criteria:
+ 1 A point shall be awarded on the
anniversary of the controlling date for each
year that the application remains in the
NROGO system.
(8) Coastal high hazard area: The following points are intended to discourage
development in a coastal high hazard area (CHHA):
Point assignment: Criteria:
- 1 An application . which proposes non-
residential development within a "A" zone
on the FEMA flood insurance rate map.
- 8 An application which proposes non-
residential development within a "V" zone
. on the FEMA flood insurance rate map.
+1 An application which proposes non-
residential development within a "X" zone
on the FEMA flood insurance rate map.
Additional requirements:
1. The term coastal high hazard area
(CHHA) is defined in Sec. 9.5-4 and the
applicable areas are shown on the most
recent Federal Emergency Management
Agency (FEMA) flood insurance rate map.
(9) Coastal barrier resources system (CBRS): The following points are intended
to discourage development of the CBRS:
Point assignment: Criteria:
- 10 Application proposes development within
units of the coastal barrier resources system
(CBRS).
Additional requirements:
1. The term coastal barrier resources
system (CBRS) is defined in Sec. 9.5-4 and
the applicable areas are shown on the most
recent FEMA flood insurance rate map.
(10) Conservation land protection areas: The following points are intended to
discourage development, which impacts conservation land protection areas:
Point assignment: Criteria:
-2 An application, which proposes a
development located within a Conservation
Land Protection Area as defined in Sec.
9.5-4.
(ll) Historic resources: The following points are intended to encourage protection
of historic and archaeological resources:
Point assignment: Criteria:
- 10 An application which proposes an
undertaking adversely impacting,
removing, or destroying historic resources.
+ 10 An application which proposes an
undertaking preservmg, rehabilitating,
restoring, or reconstructing historic
resources.
Additional requirements:
The Secretary of the Interior's Standards
for the Treatment of Historic Properties
shall be used in making the determinations,
and the Historic Preservation Commission
shall make the determination.
(12) Highway access: The following points are intended to encourage
connections between commercial uses and reduction of the need for trips and
access onto US Highway 1:
Point assignment: Criteria:
+5 The development's parking lot IS
connected to an adjacent non-residential
parking lot; or the applicant records a
driveway easement in favor of the public
to connect the applicant's parking lot to
an adjacent, non-residential parking lot;
or the development does not propose an
additional driveway onto US Highway 1
Additional Requirements:
Properties with no access to U.S.
Highway 1 are only eligible to receive
these points if direct access is to a State
Road or County collector road as
designated in the comprehensive plan.
(13) Landscaping and water conservation: The following points are intended to
encourage the planting of native vegetation and promote water conservation:
Point assignment: Criteria:
+3 The project provides a total of twice (2x) the
number of native landscape plants on its property
than the number of native landscape plants required
by this chapter within landscaped bufferyards and
parking areas.
+1 Twenty-five percent (25%) of the native plants
provided to achieve the three (3) point award above
or provided to meet the landscaped bufferyard and
parking area requirements of this chapter are listed
as threatened or endangered plants native to the
Florida Keys.
+2
Project landscaping IS designed for water
conservation including use of xeriscape principles
such as vegetation is one hundred (100%) native
plants and rainfall is collected and directed to
landscaped areas, or reused wastewater or treated
seawater is used for watering landscaped plants.
Additional requirements:
Prior to the issuance of a building permit authorized
by an allocation award, the applicant shall:
I.Post a two-year performance bond in accordance
with this chapter to ensure maintenance of the
native plants; and,
2. Shall sign an affidavit acknowledging that he is
subject to code enforcement action should the native
plants not be maintained.
Sec. 9.5-124.9. Employee Housing Fair Share Impact Fee
(a) Purpose: All new non-residential floor area, including commerciallbusiness,
institutional, and industrial development, creates a direct or indirect requirement for
employee housing. The availability and stability of employee housing stock is essential
for the economic health of Monroe County. Therefore all applicants for new or
transferred non-residential floor area shall be assessed a fee to be used by Monroe County
to address employee housing issues.
(b) Type of development affected:
(1) All new non-residential floor area under Sec. 9.5-l24.2 (a).
(2) The following development activities exempted under Sec. 9.5-124.3 are subject to
the Employee Housing Fair Share Impact Fee:
a. Non-residential development in areas exempted from residential ROGO. (Sec.
9.5-124.3 (a)(2)).
b. Development activity for certain not-for-profit organizations. (Sec.
9.5.124.3(a)( 4)).
c. Vested rights. (Sec. 9.5-124.3(a)(5)).
d. De minimis expansion of non-residential floor area. (Sec. 9.5-124.3(a)(6)).
e. Industrial uses. (Sec. 9.5-124.3(a)(7)).
f. Transfer and redevelopment off-site of lawfully established non-residential floor
area, which has not operated commercially for three years or more. (Sec. 9.5-
124.3.3(a)(lO)).
(c) Establishment of Fee Schedule: An applicant for any new non-residential floor area,
identified in subsection (b) above, shall pay, prior to the issuance of a building permit, a
fair share employee housing fee as established by the following schedule:
Structures for non-residential uses of one (1) to 2,000 square feet $1.00 per square foot
Structures for non-residential uses containing more than 2,000 square feet $2.00 per
square foot*
*The fee is calculated on the total new or transferred non-residential floor area subject to
f. above, not just on that portion above 2000 square feet.
(d) Proceeds from the impact fees collected shall be deposited in the employee housing
fair share impact fee account and used exclusively to offset the cost of required
permitting and connection fees related to the development of new employee housing, in
accordance with a schedule and procedures recommended by the Planning Commission
and approved by the Board of County Commissioners.
PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida, at
a regular meeting held on the 23 day of June, 2001.
Chair Mapes
Vice Chair Ritz
Commissioner Coleman
Commissioner Werling
Commissioner Hill
PLANNING COMMISSION OF
MONROE COUNTY FLOroDA
BY
Chair Mapes
Signed this
day of
,2001