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Item F6 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: August 16, 2001 Division: Growth Management Bulk Item: No X Department: Planning and Environmental Resources AGENDA ITEM WORDING: Approval of a resolution limiting the first annual NROGO allocation of Non-residential floor area to 22,150 square feet for applicants requesting 2,500 square feet or less. ITEM BACKGROUND: The Non-residential Rate of Growth Ordinance is currently being reviewed by the Board of County Commissioners in Public Hearings at the July and August 2001 Board meetings. Sec. 9.5-124.4 of the ordinance provides that the Board adopt, by resolution the total amount of non-residential floor area which may be available for the first allocation. The Planning Commission at their meeting on July 11,2001 recommended an allocation of22,150 square feet, the whole amount to be available on January 1, 2002. The Planning Director recommends that the Board of County Commissioners make 11,150 square feet available for the first allocation period and the remaining available for the second allocation on June 30, 2002. PREVIOUS REVELANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES; N/A STAFF 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 APPROVED BY: County Atty OMB/Purchasing DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included To Follow X AGENDA ITEM # ;< -~ DISPOSITION: " ,~rfY DRAFT RESOLUTION 1 PLANNING COMMISSION RECOMMENDED FIRST ANNUAL ALLOCATION OF NON-RESIDENTIAL FLOOR AREA THE WHOLE AMOUNT TO BE AVAILABLE ON ON JANUARY 1, 2001 (NROGO) RESOLUTION NO. A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS THAT THE FIRST ANNUAL ALLOCATION OF NON- RESIDENTIAL FLOOR AREA BE LIMITED TO APPLICATIONS OF 2,500 SQUARE FEET OR LESS AND THAT TWENTY TWO THOUSAND, ONE HUNDRED AND FIFTY (22,150) SQUARE FEET BE MADE AVAILABLE FOR THE FIRST ALLOCA TION DATE OF JANUARY 1,2001. 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, Section 9.5-124 Non-residential rate of growth ordinance (NROGO), currently under review by the Board, provides for an allocation point system for non-residential floor area, which maintains the ratio of 239 square feet of non- residential floor area for each residential unit developed as required in the 2010 Plan. WHEREAS, residential development has continued since implementation of the Plan in January 1996 and by December 2000 had equaled the non-residential permits issued before January 1996; and WHEREAS, the amount of non-residential floor area available through July 2002 for allocation in NROGO is 44,300 square feet; and WHEREAS, the first annual allocation date is proposed for January 1, 2002; and WHEREAS, Sec.9.5-124.4 (g) provides for a recommendation by the Planning Commission and the Planning Director, to the Board of County Commissioners, of the total amount of non-residential floor area which shall be made available for the annual allocation and the distribution of this allocation between small (2,500 square feet or less) and large size allocations; and WHEREAS, the Monroe County Planning Commission, reviewed the Planning Directors recommendation for the first allocation amount at a regular Planning Commission meeting on July 11, 2001 and recommended to the Board of County Commissioners that the first annual allocation of non-residential floor area be limited to applications of 2,500 square feet or less and that one half the available square footage (22,150 square feet) be made available for the first allocation date; NOW THEREFORE; BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS 0..' MONROE COUNTY, FLORIDA., that the first annual allocation of non-residential floor area be limitedu to applications of 2,500 square feet or less and that twenty two thousand, one hundred and fifty (22,150) square feet be made available for the first allocation date. PASSED A...~ ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 16 day of August, A.D., 2001. Mayor George Neugent Mayor Pro Tern Nora Williams Commissioner Charles "Sonny" McCoy Commissioner Murra.y Nelson Commissioner Dixie Spehar BOARD OF COUNTY COMMISSIONERS OF M01\TROE COUNTY, FLORIDA BY Mayor Neugent (SEAL) 3'/ r- ..,- A TrEST: D~"JNY KOlll..AGE, CLERK. DEPUTY CLERK DRAFT RESOLUTION 2 PLANNING DIRECTOR RECOMMENDED DIVIDE THE FIRST ANNUAL ALLOCATION OF NON-RESIDENTIAL FLOOR AREA INTO TWO ALLOCATIONS THE FIRST HALF ON JANUARY 1,2001 AND THE REMAINDER TO BE HELD FOR THE SECOND ALLOCATION ON JULY 1,2002 (NROGO) RESOLUTION NO. \, A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS TRA T THE FIRST ANNUAL ALLOCATION OF NON-RESIDENTIAL FLOOR AREA BE LIMITED TO APPLICA nONS OF 2,500 SQUARE FEET OR LESS AND THAT TWENTY TWO THOUSAND, ONE HUNDRED AND FIFTY (22,150) SQUARE FEET BE MADE A V AILABLE IN TWO ALLOCA nONS, THE FIRST ALLOCA nON OF ELEVEN THOUSAND ONE HUNDRED AND FIFTY (11,150) SQUARE FEET ON JANUARY 1, 2001 AND THE REMAINDER TO BE HELD IN RESERVE FOR THE SECOND ALLOCA nON PERIOD OF JULY 1, 2002. 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, Section 9.5-124 Non-residential rate of growth ordinance (NROGO), currently under review by the Board, provides for an allocation point system for non-residential floor area, which maintains the ratio of 239 square feet of non- residential floor area for each residential unit developed as required in the 20 I 0 Plan. WHEREAS, residential development has continued since implementation of the Plan in January 1996 and by December 2000 had equaled the non-residential permits issued before January 1996; and WHEREAS, the amount of non-residential floor area available through July 2002 for allocation in NROGO is 44,300 square feet; and WHEREAS, the first annual allocation date is proposed for January 1, 2002; and WHEREAS, Sec.9.5-124.4 (g) provides for a recommendation by the Planning Commission and the Planning Director, to the Board of County Commissioners, of the total amount of non-residential floor area which shall be made available for the annual allocation and the distribution of this allocation between small (2,500 square feet or less) and large size allocations; and WHEREAS, the Monroe County Planning Commission, reviewed the Planning Directors recommendation for the first allocation amount at a regular Planning Commission meeting on July 11, 2001 and recommended to the Board of County \.....urunusslOners mat me nrst annual allocatIon ot non-residential floor area be linrited to applications of 2,500 square feet or less and that one half the -available square footage (22,150 square feet) be made available for the first allocation date; AND WHEREAS, the Planning Director recommends that amount of square footage recommended by the Planning Commission be made available in two allocations, the fIrst allocation of eleven thousand one hundred and fifty (11,150) square feet on January 1, 2002 a.'"ld the remainder to be held in reserve for the second allocation period of July I, 2002; NOW THEREFORE; BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the first annual allocation of non-residential floor area be limited to applications of2,500 square feet or less and that twenty-two thousand one hundred and fifty square feet (22,150) be made available in two allocations. the first allocation of 11,150 feet On January I, 2002 and the remainder to be held in reserve for the second allocation period of July I, 2002. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 16 day of August, 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) BY ATTEST: DANNY: KOID..AGE, CLERK DEPUTY CLERK ~ STAFF REPORT FIRST ANNUAL ALLOCATION NON-RESIDENTIAL FLOOR AREA (NROGO) Momoe County Department of Planning and Environmental Resources 2798 Overseas Highway Marathon Florida 33050 305-289-2500 conawav@mail.state.fl.us ~ August 3, 2001 TO: Momoe County Board of County Commissioners FROM: K. Marlene Conaway, Director Department of Planning and Environmental Resources RE: NROGO - Allocation 2002 BackJ!round Section 9.5-124.4 NRO.GO Allocations in the proposed ordinance sets up the procedures to be followed in allocating the available non-residential floor area. The "maximum annual allocation" and the distribution between the first and second allocation dates will be determined by the Board of County Commissioners upon the recommendation of the Planning Director and the Planning Commission. The ordinance does not require the second allocation (semi-annual) to be made. This will provide flexibility in assuring the goals of the ordinance are being accomplished. Recommendation The Planning Commission at there meeting of July 11,2001 reviewed the Planning Directors recommendation that 1) the maximum amount of available non-residential floor area for the annual NROGO allocation period beginning January 1,2002 be 15,000 square feet. 2) Half the 15,000 square feet be allocated in the first period and the remainder held in reserve for the second allocation date of July 1,2002.3) One hundred percent of the available floor area for the first annual allocation be for applications requesting 2,500 square feet or less. The Planning Commission voted to recommend to the Board of County Commissioners that the first annual allocation of non-residential floor area be limited to applicatiqns of two thousand five hundred (2,500) square feet or less and that twenty-two thousand one hundred and fifty square feet (22,150 square feet) be made available for the first allocation date. The Planning Director recommends that the twenty-two thousand one hundred and fifty feet(22,150) be made available in two allocations, the first allocation of 11,150 feet on January 1, 2002 and the remainder to be held in reserve for the second allocation period of July 1, 2002. Considerations Several things need to be considered when determining the amount of non-residential floor area, which should be allocated annually. Following is a swnmary of some of the issues that should have a bearing on this decision: 1. The number of potential applicants is unknown. For the NROGO allocation point system and weighting criteria to be successful at directing development to the most appropriate location, it is important to have competition for the available floor area. 2. The moratorium, due to the LOS on US #1 on Big Pine Key, will also stop approvals of some non-residential applications in the Lower Keys. 3. The Livable CommuniKeys Program Master Planning process has not identified areas for allocations greater than 2500 square feet. 4. There appears to be a lack of political support for any significant additional non- residential floor area in the near future. 5. Until the market study is complete, the extent of overall and planning area specific market demand for new non-residential development is unknown. cc. Timothy McGarry, Director Growth Management Division PLANNING COMMISSION RESOLUTION NO. P 50-01 FIRST ANNUAL ALLOCATION NON-RESIDENTIAL Floor AREA (NROGO) RESOLUTION NO. P 50 -01 A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION RECOMMENDING TO THE BOARD OF COUNTY COMMISSIONERS THAT THE FIRST ANNUAL ALLOCATION OF NON- RESIDENTIAL FLOOR AREA BE 22,150 SQUARE FEET AND BE LIMITED TO APPLICATIONS REQUESTING 2,500 SQUARE FEET OR LESS. 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, Section 9.5-124 Non-residential rate of growth ordinance (NROGO) provides for an allocation point system for non-residential floor area, which maintains the ratio of 239 square feet of non-residential floor area for each residential unit developed as required.in the 2010 Plan. WHEREAS, residential development has continued since implementation of the Plan in January 1996 and by December 2000 had equaled the non-residential permits issued before January 1996; and WHEREAS, the amount of non-residential floor area available through July 2002 for allocation in NROGO is 44,300 square feet; and WHEREAS, the first annual allocation date is proposed for Januaryl, 2002; and WHEREAS, Sec.9.5-124.4(g) provides for a recommendation by the Planning Commission to the Board of County Commissioners of the total amount of non- residential floor area which shall be made available for the annual allocation and the distribution of this allocation between small (2,500 square feet or less) and large size allocations; and WHEREAS, the Monroe County Planning Commission, reviewed the Planning Directors recommendation for the first allocation amount at a regular Planning Commission meeting on July 11,2001; NOW THEREFORE; BE IT RESOL VED BY THE PLANNING COMMISSION OF MONROE COUNTY, FLORIDA, to recommend to the Board of County Commissioners that the first annual allocation of non-residential floor area be limited to applications of 2,500 square feet or less and that one half the available square footage (22,150 square feet) be made available for the first allocation date. AND ADOPTED by the Planning Commission of Monroe County, Florida, at a regular meeting held on the 11 day of July, 2001. Chair Mapes Vice Chair Ritz Commissioner Coleman Commissioner Werling Commissioner Hill PLANNING COMMISSION OF MONROECOUNTYFLO~DA BY Chair Mapes Signed this day of ,2001