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Item S1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 19,2001 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. The Board has heard comments and reviewed this amendment at their July 18,2001 and July 15,2001 meetings. PREVIOUS REVELANT BOCC ACTION: The attached draft ordinance includes the changes agreed upon at the July 18, 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 STAFF RECOMMENDATIONS: Approval TOT AL COST: N/A BUDGETED: Yes N/ A No COST TO COUNTY: N/A REVENUE PRODUCING: Yes N/A No DOCUMENTATION: Included AMOUNT PER MONTH N/ A Year APPROVED BY: County Atty X DIVISION DIRECTOR APPROVAL: arry, AICP X Not Required_ AGENDA ITEM #~l DISPOSITION: -{~ TEXT AMENDMENT SECTION 9.5-124 NON-RESIDENTIAL RATE OF GROWTH ORDINANCE (NROGO) BOARD OF COUNTY COMMISSIONERS MARATHON September 19, 2001 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 TillS ORDINANCE TO THE FLORIDA DEPARTMENT 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. 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, took testimony during a public hearing conducted at seven meetings between February 28 and June 13,2001, 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 P42-01; 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: (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 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 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 prior to the redevelopment, rehabilitation or replacement. (2) Areas exempted from 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) 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 Ill. 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 tv. 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 Vt. 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 Vlll. 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: t. 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 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. 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 RaGa 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 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 (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 acounty-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 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) Applicationfor 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 0) below. 0) Revisions to applications and awards: (1) Upon submission ofNROGO 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 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: 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 ofthe 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 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. 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 smce July 13, 1992. (2) Intensity reduction: The following points are intended to encourage the voluntary reduction of intensity: Point assifQlment: 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 assif(flment: Criteria: + I An application which includes the dedication to Monroe County of one (1) vacant, legally platted buildable lot or at least one (1) 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 m areas proposed for acquisition by governmental agencies for the purposes of conservation or resource protection. -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. (9) Coastal barrier resources system (CRRS): 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 m 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. (11) 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 ofthe 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 assigrlment: 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 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. 9.5-1243 are subject to the Employee Housing Fair Share Impact Fee: a. Non-residential development in areas exempted from residential ROGO. (Sec. 9.5-1243 (a)(2)). b. Development activity for certain not-for-profit organizations. (Sec. 9.5. 124.3(a)(4)). c. Vested rights. (Sec. 9.5-1243(a)(5)). d. De minimis expansion of non-residential floor area. (Sec. 9.5-1243(a)(6)). e. Industrial uses. (Sec. 9.5-1243(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. 9.5-1243.3(a)(10)). (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 square foot* $2.00 per *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 Tem Nora Williams Commissioner Charles "Sonny" McCoy Commissioner Murray Nelson Commissioner Dixie Spehar BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor Neugent (SEAL) ATTEST: DANNY KOHLAGE, CLERK DEPUTY CLERK STAFF REPORT SECTION 9.5-124 NON-RESIDENTIAL RATE OF GROWTH ORDINANCE (NROGO) County of Monroe Planning & Env. Resources 2798 Overseas Highway Suite #400 Marathon, Florida 33050 Voice: (305) 289-2500 FAC(: (305)289-2536 Board of County Commissioners Mayor George Neugent, Dist. 2 Mayor Pro Tern Nora Williams, Dist. 4 Cornrn. Charles "Sonny" McCoy, Dist. 3 Cornrn. Murray Nelson, Dist. 5 Cornrn. Dixie Spehar, Dist. 1 Memorandum TO: Monroe County Board of County Commissioners FROM: K. Marlene Conaway, Director Planning and Environmental Resources SUBJECT: Proposed LDR amendment Sec. 9.5-124 Non-residential rate of growth ordinance (NROGO) DATE: August 29, 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 ofNROGO 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-residential permit allocation system were not in place. After the effective date of the Plan, the only non-residential floor space permitted was 1) vested from the provisions of the Plan, 2) exempted under 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 101.5 of the 2010 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 I) 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 ofthe 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. 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 PLANNING COMMISSION RESOLUTION NO. P42-01 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 ALLOCATION 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. Page 1 of 25 G: \Planning\Planning Commission Coordinator\ Working F older\Chambers-Judy\txtagD R \P42-0 I nrogo.doc ~ 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 updates to such report after each meeting; 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 Page 2 of 25 G:\Planning\Planning Commission Coordinator\ Working Folder\Chambers-Judy\txtagDR \P42-0 I nrogo.doc 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 of the Monroe County Livable CommuniKeys Program. Page 3 of 25 G:\Planning\Planning Commission Coordinator\ Working Folder\Chambers-Judy\txtagDR \P42-0 I nrogo.doc ~ 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. Infill 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. Page 4 of 25 G:\Planning\Planning Commission Coordinator\ Working Folder\Chambers-Judy\txtagDR \P42-Q I nrogo.doc ~ 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: (1) Development with no net increase in non-residential floor area: The redevelopment, rehabilitation or replacement of any lawfully established non- Page 5 of 25 G:\Planning\Planning Commission Coordinator\ Working Folder\Chambers-Judy\txtagDR\P42-0 I nrogo.doc ~ 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 exempted from 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 of the Growth Ordinance (NROGO) allocation. (8) Agriculture/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. (J 0) 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: Page 6 of 25 G:\Planning\Planning Commission Coordinator\ Working Folder\Chambers-Judy\txtagDR \P42-0 I nrogo.doc y 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 VIll. 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. Page 7 of 25 G:\Planning\Planning Commission Coordinator\ Working Folder\Chambers-Judy\txtagDR \P42-0 I nrogo.doc ~ 11. 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. 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 "1 00" (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: I. 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 Page 8 of 25 G:\Planning\Planning Commission Coordinator\ Working Folder\Chambers-Judy\txtagDR \P42-Q I orago.doc y 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 (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. Page 9 of 25 G:\Planning\Planning Commission Coordinator\ Working F older\Chambers-Judy\txtagDR \P42-0 I nrogo.doc cV (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 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. Page 10 of25 G:\Planning\Planning Commission Coordinator\ Working F older\Chambers-Judy\txtagDR\P42_0 I nrogo.doc y (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 Page 11 of25 G:\Planning\Planning Commission Coordinator\ Working Folder\Chambers-Judy\txtagDR\P42_0 I nrogo.doc y evaluation, review, determination of points and allocation rankings, unless such revisions are accomplished pursuant to a new building permit and unless such revisions would have the net effect of either maintaining or increasing the number of points originally awarded. (j) Clarification of application data: (1) At any time during the NROGO allocation review and approval process, the applicant may be requested by the 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. 9.5-124.8. (1) Within thirty (30) days of an allocation date, unless otherwise extended by the Planning Commission, the planning director shall: Page 12 of25 G:\Planning\Planning Commission Coordinator\ Working Folder\Chambers-Judy\txtagDR \P42-Q I nrogo.doc y 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 Page 13 of 25 G:\Planning\Planning Commission Coordinator\ Working Folder\Chambers-Judy\txtagDR\P42-0 I nrogo.doc ~ 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. Page 14 of25 G:\Planning\Planning Commission Coordinator\ Working Folder\Chambers-Judy\txtagDR \P42-0 I mogo.doc ~ 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 ofthe 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. Page 15 of25 G:\Planning\Planning Commission Coordinator\ Working Folder\Chambers-Judy\txtagDR \P42-Q I nrogo.doc ~ Sec. 9.5-124.8. Evaluation criteria. (a) Evaluation point values: The following point values established are to be applied cumulatively except where othelWise 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. 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 smce 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. Page 16 of25 G:\Planning\Planning Commission Coordinator\ Working Folder\Chambers-Judy\txtagDR\P42-0 I nrogo.doc y (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 (1) 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, subj ect 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. Page 17 of25 G:\Planning\Planning Commission Coordinator\ Working Folder\Chambers-Judy\txtagDR \P42-Q I nrogo.doc ~ (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 Page 18 of25 G:\Planning\Planning Commission Coordinator\ Working Folder\Chambers-Judy\txtagDR\P42-0 1 nrogo.doc ~ 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 ofland 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. 9.5-120 (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). Page 19 of25 G:\Planning\Planning Commission Coordinator\ Working F older\Chambers-Judy\txtagDR\P42-0 I nrogo.doc y - 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). i (6) Critical habitat areas: The following points are intended to discourage development in critical habitat areas ofthe 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. - 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 m the Habitat Management Guidelines for the Bald Eagle m the Southeast Region, 1987, incorporated herein by reference. Page 20 of 25 G: \Planning\Planning Commission Coordinator\ Working Folder\Chambers-Judy\txtagDR \P42-Q I nrogo.doc cY (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: +1 Criteria: 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). Page 21 of25 G:\Planning\Planning Commission Coordinator\ Working Folder\Chambers-Judy\txtagDR\P42-0 I nrogo.doc cV 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. (11) 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. Page 22 of 25 G:\Planning\Planning Commission Coordinator\ Working Folder\Chambers-Judy\txtagDR \P42-Q I nrogo.doc ~ (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. Page 23 of 25 G:\Planning\Planning Commission Coordinator\ Working Folder\Chambers-Judy\txtagDR\P42-0 I nrogo.doc y +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 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. 9.5-124.3(a)(5)). Page 24 of 25 G:\Planning\Planning Commission Coordinator\ Working Folder\Chambers-Judy\txtagDR\P42-0 1 nrogo.doc ~ 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 13th day of June, 2001. Chair Mapes Vice Chair Ritz Commissioner Coleman Commissioner Werling Commissioner Hill Yes Yes Abstain Yes Yes Signed this ;;z-;t1'- day 06~ Page 25 of 25 G:\Planning\Planning Commission Coordinator\ Working Folder\Chambers-Judy\txtagDR\P42-0 I nrogo.doc