Item Q4BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 17, 2013 Division: Growth Manaizement
Bulk Item: Yes _ No X Department: Planning & Environmental Resources
Staff Contact Person/Phone #: Christine Hurley — 289-2500
Joseph Haberman — 289-2532
AGENDA ITEM WORDING:
A public hearing to consider an Ordinance to amend regulations within MCC Chapter 138, Article III, which concern the
Nonresidential Rate of Growth Ordinance (NROGO) to simplify the NROGO permit allocation system process; allow
applicants to acquire NROGO awards in less time (up to 4 x a year vs. up to 2 x a year); increase the maximum amount of
de minimis expansion from 100 sq. ft. to 1,000 sq. ft. for new and existing nonresidential developments with an allocation
awarded by building permit (no competition); and increase the maximum amount of a NROGO allocation from 2,500 sq.
ft. to 10,000 sq. ft. per allocation quarter.
ITEM BACKGROUND:
Since the implementation of the NROGO permit allocation system, applications for square footage have not exceeded the
amount available. Historically, the County has utilized only a small percentage of the total amount of square footage made
available to the County in a given year (see attached NROGO audit dated 01/17/2013). For applicants, the process is often
long and cumbersome as allocations are currently awarded only every six months and capped at 2,500 sq. ft. (thus, with
some exceptions, applicants may only acquire 5,000 sq. ft. of floor area per year regardless of competition). Applicants
often wait several months, and in some cases years, to acquire the total amount of square footage their development or
individual buildings require. Keeping in mind that NROGO is the final stage of the development process (conditional use
permits and building permits must be approved prior to application submittal and concurrency is measured at approval
not issuance), it may not be advantageous for the County to have applicants wait for square footage due to 2,500 sq. ft.
application caps when the system is not competitive and square footage is available, but not accessible to the applicant.
Per the comprehensive plan, the annual amount of total floor area to be allocated annually is based on the calculation of
239 sq. ft. times the number of residential dwelling unit allocations made available by the State (currently set at 197).
This amounts to 47,083 sq. ft. Applications for Big Pine/No Name Keys are considered separately and utilize 2,390 sq. ft.
(239 sq. ft. X 10 dwelling units) of the 47,083 sq. ft. Therefore, 44,693 sq. ft. remains for annual allocation for the
remaining Upper/Lower Keys areas of the unincorporated county.
Since 2002, for the Upper/Lower Keys areas (excluding Big Pine/No Name Keys), 389,991 sq. ft. (and growing) has not
been utilized for development. Since 2006, for the Big Pine/No Names Keys area, 4,339 sq. ft. of the square footage has
not been utilized for development. There have been applications in the system that needed some of that square footage but
were capped at only obtaining 5,000 sq. ft. annually (2 allocations X 2,500 sq. ft.).
The purpose of the ordinance is to make the NROGO permit allocation system less cumbersome, more efficient and
encourage redevelopment. All revisions are consistent with the policies of the comprehensive plan. As currently drafted,
the following are important components:
• Simplify the NROGO application process;
• Remove obsolete regulations and language (some of which was necessary for the system's implementation;
however is no longer required as the system is in place);
• Establish and revise definitions;
• Revise the types of development affected and not affected;
• Revise the regulations to increase the number of NROGO allocation periods in a given year from two allocation
periods to four allocation periods;
• Increase the maximum amount of an allocation available per NROGO allocation period from 2,500 sq. ft. to
10,000 sq. ft.;
• As the BOCC requested on 02/20/13, commencing NROGO Year 22 (July 13, 2013), distribute the annual
NROGO allocation proportionately to each of the three ROGO subareas: Upper (239 sq. ft. X 96 DU = 22,944 sq.
ft.); Lower (239 sq. ft. X 91 DU = 21,749 sq. ft.); and Big Pine/No Name (239 sq. ft. X 10 DU = 2,390 sq. ft.).
Currently, with the exception of a proportional allotment to the Big Pine & No Name ROGO subarea, the
remainder of the annual NROGO allocation is distributed to a combination of Upper/Lower ROGO subareas,
often disproportionately; and
As the BOCC requested on 02/20/13, increase the maximum amount of a de minimis expansion (a building permit
approval that does not require a NROGO application and allocation award) from 100 sq. ft. to 1,000 sq. ft.
During regularly scheduled meetings held on June 26, 2012 and August 28, 2012, the DRC reviewed the ordinances and
recommended approval to the BOCC.
During regularly scheduled meetings held on January 30, 2013, February 27, 2013 and March 27, 2013, the Planning
Commission reviewed the ordinance and recommended approval to the BOCC. The Commission recommended two
substantive changes:
• Remove the existing exclusion of boat barns from the definition of nonresidential floor area; and
• Increase the amount of the floor area that may be transferred from one site to another.
PREVIOUS RELEVANT BOCC ACTION:
The NROGO permit allocation system went into effect in 2002, following the adoption of Ordinance #032-2001. The
NROGO is required by Monroe County Comprehensive Plan Policy 101.3.1.
Although the NROGO has been amended on several occasions since 2002, recently, the BOCC approved Ordinance #024-
2012 amending MCC §138-47 and §138-52 to establish a requirement that a building permit application be revised
following receipt of its required NROGO allocation(s) and prior to building permit issuance to meet all building codes in
effect at the time of building permit issuance.
The BOCC discussed the proposed ordinance and provided staff some direction at the February 20, 2013 BOCC meeting.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATIONS:
Staff recommends approval.
TOTAL COST: INDIRECT COST:
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:
BUDGETED: Yes No
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing _
DOCUMENTATION: Included Not Required
DISPOSITION:
Risk Management
AGENDA ITEM #
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MEMORANDUM
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
To: Monroe County Board of County Commissioners
Through: Christine Hurley, AICP, Director of Growth Management
Townsley Schwab, Senior Director of Planning & Environmental Resources
From: Joseph Haberman, AICP, Planning & Development Review Manager
Date: April 2, 2013
Subject: AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS REVISING PROVISIONS OF THE MONROE COUNTY
CODE CONCERNING THE NON-RESIDENTIAL RATE OF GROWTH
ORDINANCE (NROGO); AMENDING THE FOLLOWING MONROE COUNTY
CODE SECTIONS: SECTION 138-47, NONRESIDENT1AL RATE OF GROWTH
ORDINANCE; SECTION 138-48, GENERAL PROVISIONS; SECTION 138-49,
TYPE OF DEVELOPMENT AFFECTED; SPECL4L REQUIREMENTS;
SECTION 138-50, TYPE OF DEVELOPMENT NOT AFFECTED; SECTION
138-51, NROGO ALLOCATIONS; ESTABLISHING NEW DEFINITIONS;
REVISING THE TYPES OF DEVELOPMENT AFFECTED AND NOT
AFFECTED; REVISING THE REGULATIONS TO INCREASE THE NUMBER
OF NROGO ALLOCATION PERIODS IN A NROGO YEAR FROM TWO
ALLOCATION PERIODS TO FOUR ALLOCATION PERIODS; INCREASING
THE MAXIMUM AMOUNT OF SQUARE FOOTAGE FOR AN ALLOCATION,
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
CONFLICTING PROVISIONS, PROVIDING FOR TRANSMITTAL TO THE
STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE,
PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE.
Meeting: April 17, 2013
1
2 I REQUEST
3
4 The Planning & Environmental Resources Department is proposing amendments to the text
5 of §138-47, §138-48, §138-49, §138-50, and §138-51 of the Monroe County Code (MCC).
6 The amendments, which all pertain to the NROGO permit allocation system, are necessary
7 to:
8 • Simplify the NROGO application process;
9 • Remove obsolete regulations and language (some of which was necessary for the
10 system's implementation; however is no longer required as the system is in place);
11 • Establish and revise definitions;
12 • Revise the types of development affected and not affected;
13 • Revise the regulations to increase the number of NROGO allocation periods in a given
14 year from two allocation periods to four allocation periods;
Page 1 of 27 (File #2012-013-a) NROGO I Staff report for the April 17, 2013 BOCC public hearing]
I • Increase the maximum amount of an allocation available per NROGO allocation period
2 from 2,500 sq. ft. to 10,000 sq. ft.;
3 • As the BOCC requested on February 20, 2013, commencing NROGO Year 22 (July 13,
4 2013), distribute the annual NROGO allocation proportionately to each of the three
5 ROGO subareas: Upper (239 sq. ft. X 96 DU = 22,944 sq. ft.); Lower (239 sq. ft. X 91
6 DU = 21,749 sq. ft.); and Big Pine/No Name (239 sq. ft. X 10 DU = 2,390 sq. ft.).
7 Currently, with the exception of a proportional allotment to the Big Pine & No Name
8 ROGO subarea, the remainder of the annual NROGO allocation is distributed to a
9 combination of Upper/Lower ROGO subareas, often disproportionately; and
10 • As the BOCC requested on February 20, 2013, increase the maximum amount of a de
11 minimis expansion (a building permit approval that does not require a NROGO
12 application and allocation award) from 100 sq. ft. to 1,000 sq. ft.
13
14 Staff is not recommending any changes that are inconsistent with the pertinent, existing
15 policies of the Monroe County Comprehensive Plan- most importantly, Policy 101.3.1,
16 which requires the NROGO permit allocation system and limits the square footage of non-
17 residential development to a ratio of approximately 239 SF per each new dwelling unit
18 allocated via the ROGO permit allocation system.
19
20 II RELEVANT PRIOR COUNTY ACTIONS:
21
22 The NROGO was adopted into the Monroe County Code, as required by Monroe County
23 Comprehensive Plan Policy 101.3.1.
24
25 The NROGO was first adopted in 2001 by Ordinance #032-2001. It has been effective from
26 July 2001 to present. In order to carry out several miscellaneous amendments, MCC Chapter
27 138, Article III, NROGO has been amended several times from it adoption to present date.
28 Of these amendments, it is important to note that in order to implement the tier scoring
29 system, the NROGO regulations were amended in 2006 by Ordinance #011-2006.
30
31 Recently, Monroe County amended MCC §138-47 and §138-52 (File #2012-038). The main
32 purpose of that amendment was to establish a requirement that a building permit application
33 be revised following receipt of its require ROGO and/or NROGO allocation(s) and prior to
34 building permit issuance to meet all building codes in effect at the time of building permit
35 issuance. Please note that Ordinance #024-2012, which memorialized the amendment, was
36 adopted by the BOCC and is now effective.
37
38 A previous version of this text amendment (MCC §138-51 only) was reviewed by the
39 Development Review Committee on June 26, 2012 and scheduled for review by the Planning
40 Commission on July 25, 2012. Prior to the public hearing by the Planning Commission, staff
41 opted to include additional text amendments, including some within additional sections of the
42 Land Development Code, and determined that the revisions required additional review by the
43 Development Review Committee prior to review by the Planning Commission.
44
45 A previous version of this text amendment (MCC §138-47 through §138-53) was reviewed
46 by the Development Review Committee on August 28, 2012. During the Planning
Page 2 of 27 (File #2012-013-a) NROGO [Staff report for the April 17, 2013 BOCC public hearing]
1 Commission's November 28, 2012 public hearing, in anticipation of hearing this text
2 amendment, the Planning Commission advised staff to separate the proposal to establish a
3 NROGO bank from the other non -related NROGO text amendments so that it could be
4 considered independently.
5
6 The separate text amendment petition is being processed concurrently to this amendment.
7 The other amendment affects MCC § 138-47 as well. The purpose of the other amendment is
8 to revise MCC §138-47 to establish new definitions related to a new process and revise MCC
9 §138-52 and §138-53 to establish a mechanism to allocate nonresidential floor area that went
10 unallocated in previous years (to be known as the NROGO bank).
11
12 This proposed text amendment was initially considered by the Planning Commission at its
13 January 30, 2013 meeting. The public hearing was first continued to February 27, 2013 in
14 order for staff to compile additional supporting information/documentation and incorporate
15 several revisions suggested by the Commission. The public hearing was continued a second
16 time to March 27, 2013 in order for the Commission to have more time to review the
17 information/documentation and revisions provided by staff.
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This proposed text amendment was discussed by the Board of County Commissioners at its
February 20, 2013 meeting. Regarding this proposed text amendment, the Board requested
that staff:
• In order to have proportional nonresidential growth, amend the regulations so that the
annual NROGO allocation is proportionately divided into the three ROGO subareas
(Upper Keys, Lower Keys and Big Pine/No Name Keys). Currently, the annual
allocation is divided between the Upper/Lower Keys subareas and the Big Pine/No
Name Keys subarea as required by the Big Pine and No Name Keys CommuniKeys
Plan. [Note: Although consistent with the existing language of Comprehensive Plan
Policy 101.3.1, the revised language for Policy 101.3.1 within the proposed
comprehensive plan update would require additional revision.]
• In order to encourage small-scale development, increase the maximum amount of a
de minimis expansion (a building permit approval that does not require a NROGO
application and allocation award) from 100 SF to 1,000 SF and allow vacant sites to
receive a de minimis building permit.
• In order to provide more clarity, revise language to differentiate community center
areas recognized and approved via adopted CommuniKeys plans (into the
Comprehensive Plan) and overlay districts recognized and approved via text
amendments to the Land Development Code. Further, explain that buildings within
such defined and recognized areas can exceed the 10,000 SF building limit.
• Reserve 10% annually.
Page 3 of 27 (File #2012-013-a) NROGO [Staff report for the April 17, 2013 BOCC public hearing]
I III REVIEW
2
3 As currently set forth in MCC §138-47(b), the purposes and intent of the NROGO are: 1) to
4 facilitate implementation of goals, objectives and policies set forth in the Comprehensive
5 Plan relating to maintaining a balance between residential and nonresidential growth; 2) to
6 maintain a ratio of approximately 239 SF of nonresidential floor area for each new residential
7 permit issued through the ROGO; 3) to promote the upgrading and expansion of existing
8 small -size businesses and to retain the predominately small scale character of nonresidential
9 development in the Florida Keys; 4) to regulate the rate and location of nonresidential
10 development in order to eliminate potential land use conflicts; and 5) to allocate the
11 nonresidential floor area annually hereunder, based on the goals, objectives and policies of
12 the Comprehensive Plan and the Livable CommuniKeys master plans.
13
14 Comprehensive Plan Policy 101.3.1, which addresses the NROGO permit allocation system,
15 states:
16
17 Monroe County shall maintain a balance between residential and non-residential growth
18 by limiting the square footage of non-residential development to maintain a ratio of
19 approximately 239 square feet of new non-residential development for each new
20 residential unit permitted through the Residential Permit Allocation System. This ratio
21 may be modified from time to time through amendments to the land development
22 regulations based upon market and other relevant studies as required by policy 101.3.5.
23 The commercial allocation allowed by this policy shall be uniformly distributed on an
24 annual basis, consistent with the Residential Permit Allocation System as set forth in
25 Policy 101.2.1.
26
27 Staff has drafted the ordinance to become effective on the commencement of NROGO Year
28 22, which is July 13, 2013 (note: the first business day would be Monday, July 15, 2013). In
29 the event that the ordinance cannot be processed and deemed effective by July 13, 2013, staff
30 recommends that the commencement date be the opening date of Period 2 of NROGO Year
31 22, which would be January 15, 2014. Potential effective dates for the ordinance are as
32 follows:
33
34 NROGO Year 21 (July 13, 2012 through July 12, 2013):
35 Period 1: July 13, 2012 through January 14, 2013
36 Period 2: January 15, 2013 through July 12, 2013
37
38 NROGO Year 22 (July 13, 2013 through July 12, 2014)
39 Period 1: July 13, 2013 through January 14, 2014
40 Period 2: January 15, 2014 through July 12, 2014
41
42 As proposed, the NROGO dates would become synced with ROGO dates- which are
43 quarters:
44 Quarter 1: July 13 through October 12
45 Quarter 2: October 13 through January 12
46 Quarter 3: January 13 through April 12
Page 4 of 27 (File #2012-013-a) NROGO (Staff report for the April 17, 2013 BOCC public hearingl
I Quarter 4: April 13 through July 12
2
3 MCC �138-47:
4
5 Amendments are necessary to the definitions contained within this section that are applicable
6 to application of the NROGO. Staff is proposing to create definitions for canopy, quarterly
7 nonresidential ROGO allocation period and quarterly nonresidential ROGO allocation,
8 revise the existing definitions of nonresidential floor area and storage area, and eliminate
9 the obsolete definitions for covered walkways (to be reclassified under the proposed canopy
10 definition), infill (now tier III) and sunshade (to be reclassified under the proposed canopy
11 definition). As a note, in a recent text amendment (File #2012-038), the County created a
12 definition for lawfully established ROGOINROGO exemption and revised the definitions of
13 buildable lot or parcel, nonresidential floor area, nonresidential ROGO allocation,
14 nonresidential ROGO allocation award and site.
15
16 Note: At the March 27, 2013 public hearing, the Planning Commission requested that the
17 definition of nonresidential floor area be revised to no longer exclude "boat barns" from the
18 definition.
19
20 MCC ¢138-48:
21
22 An amendment is necessary to have the applicability date of NROGO permit allocation
23 system be the effective date of the NROGO, September 19, 2001, not the effective date of the
24 Monroe County Year 2010 Comprehensive Plan, January 4, 1996. In addition, an
25 amendment is necessary to directly exclude mainland areas of the county and Ocean Reef
26 from being subject to the NROGO. Both areas are already indirectly excluded from the
27 NROGO by being directly excluded from the ROGO (MCC §138-50(2)). This indirect
28 exclusion results in confusion.
29
30 MCC $138-49:
31
32 Amendments are necessary to clarify where commercial retail of very high -intensity may be
33 located; to remove references to storage areas, outdoor retail sales and outdoor commercial
34 recreation uses from this "affected" by NROGO section as these types of development are
35 not contained within the definition of nonresidential floor area and are thereby not affected
36 by or subject to the NROGO; and to remove the prohibition on enclosing a canopy or drive-
37 through in existence on or before September 19, 2001 as staff is proposing to remove such
38 unenclosed development from the definition of nonresidential floor area.
39
40 MCC $138-50:
41
42 An amendment is necessary to modify the date in which a de minimis expansion/addition is
43 available, from the effective date of the Monroe County Year 2010 Comprehensive Plan,
44 January 4, 1996 to the effective date of the NROGO, September 19, 2001. An amendment is
45 recommended to provide a larger amount for de minimis expansion of nonresidential floor
46 area, or floor area which can be permitted without the requirement to compete in the
Page 5 of 27 (File #2012-013-a) NROGO [Staff report for the April 17, 2013 BOCC public hearing[
1 NROGO permit allocation system. The recommended amount is 1,000 SF per property
2 (currently 100 SF), which would be cumulative (i.e. an applicant could utilize it all at once
3 for a 1,000 SF addition or in parts, such as in one point in time for a 500 SF shed and a later
4 point in time for a 500 SF addition). Development on properties which have utilized the
5 existing 100 SF de minimis expansion will only be allowed to further expand by 900 SR In
6 addition, an amendment is recommended to remove the requirement that a de minimis
7 expansion is only available to expand an existing nonresidential structure.
8
9 An amendment is recommended to replace sunshade as a type of exempt development with
10 canopy, corresponding with the proposed definition in MCC §138-47.
11
12 Amendments are necessary to the subsection pertaining to the transfer off -site of existing
13 nonresidential floor area. As staff is proposing the removal of outdoor seating as a type of
14 development subject to the NROGO, reference to outdoor seating should be removed in this
15 subsection. In addition, existing receiver site criterion 5 and 6 conflict with criteria 1, which
16 states the receiver site must be tier III (the other criterion suggest it could be tier I, tier II or
17 tier III -SPA). In addition, for consistency with other sections, revisions are recommended to
18 the limitations and procedures.
19
20 MCC ¢138-51:
21
22 The Comprehensive Plan does not require the County to award NROGO allocations a
23 specific number of times within a given NROGO year. It only requires the County to limit
24 the total square footage awarded in a given NROGO year by multiplying the number of
25 residential allocations available in the annual ROGO Year by 239 SF. The Monroe County
26 Code requires the County to award NROGO allocations on a semi-annual basis within a
27 given NROGO year.
28
29 The proposed amendments do not affect the total amount of nonresidential floor area
30 awarded via the NROGO permit allocation system in a given NROGO year (239 SF of
31 nonresidential floor area per each dwelling unit or 47,083 SF (239 SF x 197 units)). The
32 proposed amendments only allow the County to award the total annual NROGO allocation
33 on a quarterly basis rather than a semi-annual basis.
34
35 In order to have proportional nonresidential growth as requested by the BOCC, an
36 amendment is necessary to the existing regulations so that the annual NROGO allocation is
37 proportionately divided into the three ROGO subareas (Upper Keys, Lower Keys and Big
38 Pine/No Name Keys). Currently, the annual allocation is divided between the Upper and
39 Lower Keys subareas and the Big Pine/No Name Keys subarea as required by the Big Pine
40 and No Name Keys CommuniKeys Plan.
41
42 Of the 44,693 SF annually made available for the Lower and Upper Keys subareas,
43 beginning NROGO Year 22, this floor area shall be distributed to each of subareas based on
44 the number of residential dwelling unit permits made available for each of the subareas.
45 Commencing NROGO Year 22, the annual amount of floor area available for allocation
46 under NROGO shall be:
Page 6 of 27 (File #2012-013-a) NROGO [Staff report for the April 17, 2013 BOCC public hearing]
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ROGO Subarea
# of Market
# of Affordable
Total Units
Annual NROGO
Rate Units
Units*
Allocation
(# of Units x 239
SF
Upper
61
35
96
22,944 SF
Lower
57
34
91
21,749 SF
Big Pine/No
8
2
10
2,390 SF
Name
Total
47, 083 SF
* Concerning the Upper Keys and Lower Keys subareas, 71 affordable ROGO allocations are
disproportionately distributed. Therefore using a proportional approximation, the above table
divides this total in half and gives the extra unit to the Upper Keys subarea (since it has more
market -rate growth).
The proposed amendment would allow applicants to receive NROGO allocations needed for
projects in a timelier manner when the nonresidential floor area for such NROGO allocations
is readily available. Following an evaluation of the NROGO permit allocation system, staff
has determined that rarely is there competition that requires the County to award all of the
nonresidential floor area that is available each allocation period; therefore, in most cases,
applicants are able to receive the full amount (typically 2,500 SF per allocation period) in
which they are entitled to receive. However, administratively, the applicants must wait for
each date -certain allocation period to collect the nonresidential floor area.
Small Projects:
18 In the case of small projects of less than 2,500 SF, applicants often have to wait over six
19 months after they apply for building permits to receive their building permits - regardless of
20 competition. The system is designed to be competitive, where applications that receive lesser
21 scores have to wait longer in the event several competing applications with higher scores are
22 also active. However, many applicants wait several months for administrative purposes only.
23
24 For example, currently, NROGO allocations are awarded in and around March and
25 September of each year. If a building permit application for a 1 SF to 2,500 SF structure is
26 submitted in August 2012, the applicant will have to wait until March 2013 at the earliest to
27 receive a NROGO allocation — even if the applicant is the only applicant requesting a
28 NROGO allocation during that timeframe. As a result of this delay, many businesses are
29 dissatisfied with the process and some opt to not carry out the improvements. The
30 community is not served as the total amount nonresidential floor area made available for the
31 County was expected to be utilized to maintain the 1:239 ratio and often remains unused.
32
33 The proposed amendments would establish four allocations periods rather than two allocation
34 periods per year. As a result, when there is no competition, applicants for small projects
35 would have to wait up to three months (approximately) after application submittal rather than
36 wait up to six months (approximately).
37
Page 7 of 27 (File #2012-013-a) NROGO [Staff report for the April 17, 2013 BOCC public hearing]
1 Large Projects:
2
3 In the case of large projects of greater than 2,500 SF, applicant often have to wait years after
4 they apply for building permits to receive their building permits - regardless of competition.
5 In addition to the issues associated with small projects, unless in an area where large
6 allocations are available, an applicant for a large project must cumulatively acquire all
7 necessary nonresidential floor area for the project in 2,500 SF shares. Many applicants wait
8 several months, if not years, for administrative purposes only.
9
10 For example, currently, NROGO allocations are awarded in and around March and
11 September of each year. If a building permit application for a 10,000 SF structure is
12 submitted in August 2012, the applicant will have to wait until September 2014 at the earliest
13 to receive a NROGO allocation — even if the applicant is the only applicant requesting a
14 NROGO allocation during that timeframe. Again, as a result of this delay, many businesses
15 are dissatisfied with the process and some opt to not carry out the improvements. The
16 community is not served as the total amount nonresidential floor area made available for the
17 County was expected to be utilized to maintain the 1:239 ratio and often remains unused.
18
19 The proposed amendments would establish four allocations periods rather than two allocation
20 periods per year. As a result, when there is no competition, applicants for large projects
21 would be able to acquire their 2,500 SF shares four times a year rather than two times a year
22 — thus cutting their time in the system by half. In addition, an amendment is recommended to
23 increasing the maximum amount of an allocation in a given period from 2,500 SF to 10,000
24 SF, which would further expedite the process for certain projects.
25
26 An amendment is recommended to remove a distinction and process for large and small
27 allocations. This distinction contributes to the cumbersome process and not necessary with
28 the increase in square footage via de minimis expansions (from 100 SF to 1,000 SF).
29
30
31
32 Therefore, staff recommends the following changes (Deletions are -46eire., .s.,..,,,xgh and _„
33 red and additions are underlined and in green. Text to remain the same is in black): Changes
34 to the concurrent text amendment to MCC § 138-47- as of the date of this report- are in blue.
35
36
37
38 Sec. 138-47. Nonresidential rate of growth ordinance (NROGO).
39
40 (a) Definitions. The following words, terms and phrases, when used in this article, shall have
41 the meanings ascribed to them in this section, except where the context clearly indicates a
42 different meaning:
43
44 Allocation date means the specific date and time by which applications for the NROGO
45 allocation will be accepted and processed.
46
Page 8 of 27 (File #2012-013-a) NROGO [Staff report for the April 17, 2013 BOCC public hearing]
1 Annual allocation period means the 12-month period beginning on July 14, 2001, and
2 subsequent one-year periods that is used to determine the amount of nonresidential floor
3 area to be allocated based on the number of ROGO allocations to be issued in the
4 upcoming ROGO year.
5
6 Annual nonresidential ROGO allocation also referred to as an annual NROGO
7 allocation, means the maximum floor area that for ..,hieh.uiWing Pe may be issued
8 allocated during an annual allocation period.
9
10 Buildable lot or parcel, for the purposes of this chapte article. means a lot or parcel
11 which must contain a minimum of 2,000 square feet of uplands, including any disturbed
12 wetlands that can be filled.
13
14 Canopy, also referred to as a sunshade. in reference to a_structure, means anunenclosed,
15 covered area. A canopy may be a free-standing structure or may project from the wall of
16 a building.
17
18 Community master plan means a plan adopted by the board of county commissioners as
19 part of the Monroe County Livable CommuniKeys Program.
20
21 Controlling date means the same as defined in section 138-19(a), except it shall apply to
22 NROGO applications under this article.
23
24 Gevefvd wagaila,+w means a eever-ed ffea of aii), length but Fie wideF than five feet tha
25
26
27
28 Historic resources means a building, structure, site, or object listed or eligible for listing
29 individually or as a contributing resource in a district in the National Register of Historic
30 Places, the state inventory of historic resources or the county register of designated
31 historic properties.
32
33
34 t mid/or nd rased in of hef1A, -f- built easiweh are
36
37 Lawfully established ROGO/NROGO exemption means a residential dwelling unit or
38 nonresidential floor area that has received a permit or other official approval from the
39 division of growth management for the units unit and/or nonresidential floor area.
40
41 Nonresidential floor area means the sum of the ess total floor area for a nonresidential
42 building or structure, as defined in section 101-1. any areas-t.sd
43 ,
44 ,
45 eensidered n n:d.,.,,,: ' llee,. area. Additionally, heat b covered and unenclosed
46 boat racks with three or fewer sides not associated with retail sales of boats .,,h ieh do ne4
Page 9 of 27 (File #2012-013-a) NROGO [Staff report for the April 17, 2013 BOCC public hearing]
I emeeed 50 pefeent of the--riet buildable are not considered
2 nonresidential floor area. Further, the The term "nonresidential floor area" does not
3 include space occupied by irensient . _widential and .~stitut efla_ residential pfiHei fe4 uses.,
4 including, s aces occupied by a transient residential unit and an institutional -residential
5 use as defined in section 101-1.
7 Nonresidential ROGO allocation, also referred to as NROGO allocation, means the
8 maximum amount of nonresidential floor area which building ' £- maybe issued
9 allocated in a given time period.
10
11 Nonresidential ROGO allocation award, also referred to as NROGO allocation award,
12 means the approval of a nonresidential ROGO application prior to the application and
13 subsequent issuance of a building permit to authorize construction of new nonresidential
14 floor area.
15
16 Nonresidential ROGO bank also referred to as NROGO bank means the cumulative
17 total of a NROGO allocations that were not awarded and therebv not allocated due to a
18 lack of demand~ b) nonresidential floor area not made available for the annual NROGO
19 allocation by the board of county commissioners; and c allocated nonresidential floor
20 area reclaimed due to the abandonment or expiration of approved development that
21 received a NROGO allocation award.
22
23 +Quarterly nonresidential ROGO allocation period means any one of the four periods
24 within an annual allocation period.
25
26 Quarterly nonresidential ROGO allocation means the maximum number of amount of
27 nonresidential floor area square footage which may be allocated in a quarterly allocation
28 period.
29
30 Site means the parcels of land required to be aggregated to be developed or from which
31 existing nonresidential floor area is to be transferred or received.
32
33 Storage area means the outside storage of vehicles, recreational vehicles, boats, campers,
34 equipment, goods and materials for more than 24 hours. The term "storage area" includes
35 a contractor's equipment storage, but does not include outdoor retail sales, which is
36 defined in section 101-1. This is considered a light industrial use and does not include
37 waste transfer stations, junkyards, or other heavy industrial uses.
38
39 .
40
41 (b) Purpose and intent. The purposes and intent of the nonresidential rate of growth
42 ordinance (NROGO) are:
43 (1) To facilitate implementation of goals, objectives and policies set forth in the
44 comprehensive plan relating to maintaining a balance between residential and
45 nonresidential growth.
Page 10 of 27 (File #2012-013-a) NROGO ]Staff report for the April 17, 2013 BOCC public hearing]
1 (2) To maintain a ratio of approximately 239 square feet of nonresidential floor area for
2 each new residential dwelling unit permit issued through the residential rate of growth
3 ordinance (ROGO) by ROGO subarea.
4 (3) To promote the upgrading and expansion of existing small -size businesses and to
5 retain the predominately small scale character of nonresidential development in the
6 Florida Keys.
7 (4) To regulate the rate and location of nonresidential development in order to eliminate
8 potential land use conflicts.
9 (5) To allocate the nonresidential floor area annually hereunder, based on the goals,
10 objectives and policies of the comprehensive plan and the community master plans.
11
12
13
14 Sec. 138-48. General provisions.
15
16 (a) Nonresidential ROGO allocation award required. No building permit shall be issued after
17 September 19, 2001 that results in additional nonresidential floor area
18 on a site unless that nonresidential development has received aqeftFe%.4ea4a4 NROGO
19 allocation award or is determined to be exempt as provided in section 138-50.
20
21 (b) Applicable geographic area. The NROGO allocation system shall apply within the
22 unincorporated area of the county excluding areas within the county mainland and within
23 Ocean Reef planned development.
24
25
26
27 Sec.138-49. Type of development affected; special requirements.
28
29 (a) The NROGO shall apply to the development of all new and expanded nonresidential
30 floor area, except as exempted by section 138-50, for which a building permit or
31 final development approval is required.
32
33 (b) Unincorpapwod areas other than Big Pine Key and No Name Ke. Notwithstanding the
34 provisions of development, as defined in section 101-1, the following new uses shall only
35 be eligible for a NROGO allocation under this article on sites located within a designated
36 area Uproved for such use, identified within a community
37 master plan and/or an overlay district established within chapter 130:
38 (1) Commercial retail very high -intensity uses that generate more than 150 vehicle trips
39 per 1,000 square feet of floor area.
40 , indust
41 .
42 , and aiiy new or- expafided eutdoer retail
43 sales associated with a lawfully established stf-de en the effeetive date e
44
45 ,
46 (N41) distr et
Page 11 of 27 (File #2012-013-a) NROGO [Staff report for the April 17, 2013 BOCC public hearing]
1 (4) Go al e.t.a, r-eer-eation uses.
2
3 (c) Big Pine KeZ and No Name Key. Notwithstanding the provisions of sttbseeiiens (b "
4 d_evelopment, as defined in section 101-1, in accordance
5 with the community master plan for Big Pine Key and No Name Key^the following new
6 uses or age changes in use are prohibited on Big Pine Keys and No Name Key:
7 (1) Commercial retail high -intensity uses that generate more than 150 vehicle trips per
8 1,000 square feet of floor area.
9 ,
11
12 (d) �iew of expanded outdoer- FeIail sales associated with _- IaWfiilly estabblished stfuetur-e
13
14
15 use -uppavti zzif jeea4ad within a designated tieF M afea.
16
17
18 -arena shall 0 "ROGO nil .,t;
�u u
19
20 (f) The speeial standards established elsewhere in this ehapter fer- a designated eemmere
21
22
23
24 k�D(-g4-Nonpublic institutional uses on Big Pine Key and No Name Key are subject to the
25 provisions of NROGO pursuant to the following special conditions and standards:
26 (1) A nonpublic institutional floor area and use existing on the effective date of the
27 issuance of the incidental take permit for the Florida Key Deer and other covered
28 species may be expanded by 2,500 square feet of floor area per NROGO year,
29 provided that the land was owned by the institutional organization at the time of the
30 issuance of the incidental take permit. These allocations are to be made on a "first
31 come, first served" basis.
32 (2) New nonpublic institutional uses on Big Pine Key and No Name Key are subject to
33 the provisions of NROGO.
34
35 All new or expanded nonresidential development on Big Pine Key and No Name Key
36 is subject to the provisions of the incidental take permit and the habitat conservation plan
37 for the Florida Key Deer and other covered species, which may affect NROGO
38 allocations under this article. All new and expanded nonresidential development shall be
39 limited to scarified or disturbed lands, and clearing of any pinelands and/or hammock is
40 prohibited.
41
42
43
44 Sec. 138-50. Type of development not offeeted subject to the NROGO permit allocation
45
46
Page 12 of 27 (File #2012-013-a) NROGO (Staff report for the April 17, 2013 BOCC public hearings
I The NROGO shall not apply to the development described below:
2
3 (1) Development with no net increase in nonresidential floor area. The redevelopment,
4 rehabilitation or replacement of any lawfully established nonresidential floor area which
5 does not increase the amount of nonresidential floor area greater than that which existed
6 on the site prior to the redevelopment, rehabilitation or replacement.
7 The planning director shall review available documents to determine if a body of
8 evidence exists to support the existence of nonresidential floor area on or about
9 September 19, 2001, the effective date of the original NROGO. Such evidence shall be
10 documented and submitted to the planning director on a form provided by the planning
11 department. The application shall include, at a minimum, at least two of the following
12 documents:
13 a. Any issued Monroe County building permit(s) supporting the existence of the
14 structure(s) and its use(s) on or about September 19, 2001;
15 b. Documentation from the Monroe County Property Appraiser's Office indicating
16 residential use on or about September 19, 2001;
17 c. Aerial photographs and original dated photographs showing the structure(s) existed
18 on or about September 19, 2001;
19 d. Nonresidential County Directory entries on or about September 19, 2001;
20 e. Rental, occupancy or lease records, on or about September 19, 2001, indicating the
21 number, type and term of the rental or occupancy;
22 f. State and/or county licenses, on or about September 19, 2001, indicating the
23 nonresidential use;
24 g. Documentation from the utility providers indicating the type of service (commercial
25 or residential) provided and the number of meters in existence on or about September
26 19, 2001; and
27 h. Similar supporting documentation not listed above as determined suitable by the
28 planning director.
29 Nonresidential floor area established after the effective date of the original NROGO
30 should be documented through the NROGO permit allocation system. Such
31 nonresidential floor area that received such an NROGO allocation(s) that was constructed
32 may be lawfully established through verification of the certificate of
33 completeness/occupancy alone. Provision of affidavits to support the existence of
34 nonresidential floor area is allowed, but affidavits cannot be the sole record upon which a
35 decision is based. Other than files in which the growth management division is custodian,
36 provision of documents is the responsibility of the applicant. Nonresidential floor area
37 determined to be exempt from the NROGO per this subsection that has not been
38 previously acknowledged by the planning director may also be a nonconformity, pursuant
39 to chapter 102, article III nonconformities. Such occasions shall require a separate
40 determination by the planning director as to the lawfulness of the nonconformity.
41
42 (2) Areas exempted from residential ROGO. Any area of the unincorporated county
43 exempted from residential ROGO as provided for in section 138-22.
44
45 (3) Public/governmental uses. Public/governmental uses, including eapital
46 public buildings, as defined in section 101-1.
Page 13 of 27 (File #2012-013-a) NROGO [Staff report for the April 17, 2013 BOCC public hearing]
2 (4) Development activity for certain not -for -profit organizations. Except for the nonpublic
3 institutional uses on Big Pine Key and No Name Key pursuant to section 138-49,
4 nonresidential development activity within tier III designated areas by federally tax
5 exempt not -for -profit educational, scientific, health, religious, social, cultural and
6 recreational organizations which predominately serve the county's non -transient
7 population, if approved by the board of county commissioners after review and
8 recommendation by the planning director and planning commission. This exemption is
9 subject to the condition that a restrictive covenant be placed on the property prior to the
10 issuance of a building permit. The restrictive covenant shall run in favor of the county for
11 a period of at least 20 years. Any change in the use or ownership of the property subject
12 to this restrictive covenant shall require prior approval by the planning commission,
13 unless the total floor area exempted by the planning commission is obtained through an
14 off -site transfer of floor area and/or nonresidential floor area allocation. If the total
15 amount of floor area that is transferred and/or allocated meets or exceeds the total amount
16 of floor area exempted, the restrictive covenant shall be vacated by the county. This
17 exemption is not applicable to nonresidential development proposed within any tier I or
18 tier III -A (special protection area) designated areas.
19
20 (5) Vested rights. Landowners with a valid, unexpired development of regional impact
21 approval granted by the county prior to January 4, 1996, (effective date of the
22 comprehensive plan) or an approved vesting determination by the county from the
23 nonresidential allocation requirements of this section and the comprehensive plan.
24
25 (6) De minimis expansion of or de minimis addition of new nonresidential floor area. The
26 cumulative ,
27 "W ~ , € - or less addition of pp to 1,000 square feet of new nonresidential floor area
28 shall not require a NROGO application and NROGO allocation prior to issuance of a
29 building permit De minimis is not required to be utilized in whole or limited to a single
30 building permit gpplication, however cumulatively, an individual property shall not
31 receive any more than 1,000 square feet of new nonresidential floor via de minimis
32 expansion and/or addition. Nonresidential floor area permitted via de minimis expansion
33 and/or addition shall be deducted from the annual NROGO allocation or the NROGO
34 bank.
lv
36 (7)Industrial uses. Industrial uses in the maritime �idustl indust (MI) and the
37 industrial (I) land use districts, provided that the floor area is restricted to manufacturing,
38 assembly, wholesaling, and distribution uses. All other ;orms of industrial uses and other
39 nonresidentia. uses which may be permitted in the land use district are subject to the
40 requirements of this article and will require an NROGO allocation.
41
42 (8) Agriculture/aquacultural uses. 4uily estabiished agfieultufal Auricultural and
43 aquacultural uses in the agricultural and aquaculture use overlay (A).
44
45 (9)
Page 14 of 27 (File #2012-013-a) NROGO [Staff report for the April 17, 2013 BOCC public hearing)
1
2
3 ,
4 asseeia4ed with fetaill sales of beats afid whieh does 9.e; exeeed 50 pereent ef aff
sirc-e-ncc-sr'ixrazrc=r-'sziecz-=s =ra g-wa'emccrby=Nccvvcr
6
7 (10) Transfer off -site of existing nonresidential floor area. The demolition:'removal and
8 transfer off -site of nonresidential floor area from a sender site and the development of the
9 transferred nonresidential floor area on a receiver site in accordance with the following
10 procedures and criteria:
11 a. Eligibility of sender floor area.
13 . Nonresidential
14 floor area shall be lawfully established floor area pursuant to subsection (1) or have
15 received an NROGO allocation or transfer of floor area after September 19, 2001.
16 b. Criteria developmew r� .r.,�.f: j_n. �r it i order- to ede el
s —iiT LLi- IIf, �] 4 F L .
17._e eendki ens and shall Fneet all of the
18
19 1. Is The receiver site shall be kw -ate:' within a tier III designated area and, if on Big
20 Pine Key, it shall also be is located within the designated community center
21 overlay area;
22 2. Is The receiver site shall be located within the same ROGO subarea, as set forth i ='
23 section 138-20, as the sender site. e*eept thm for a Feeek,er ske._Big n..ueLee
24 the teesite shall
25 3. Is The use that would utilize the transferred nonresidential floor area on the
26 receiver site shall not be a'ni h-intensit commercial . ef.; high i teff it- retail use
27 which will generate more than 150 daily vehicle trips per 1,000 square feet of
28 floor area unless the receiver site is within an overlay district or area established
29 in a community master Ian or within chapter 130 specifically allowing such a
30 h_igh-intensity commercial retail use;
31 4. is net The receiver site shall not be located within a V special flood hazard zone;
32 S.
34
35 ,
36
37 -7-. 5. Is --no* The receiver site shall not be located in a coastal barrier resources
38 system; and
39 8 6. is net The receiver site shall not be located in an offshore island/conservation
40 land protection area.
41 c. Limitations on the amount of nonresidential floor area which may be transferred to
42 any one site. The amount of nonresidential floor area which may be transferred to any
43 one site shall be as follows:
44 1. No more than a maximum cumulative total of .-7GW 50.000 square feet of
45 nonresidential floor area may be transferred to any one site.
Page 15 of 27 (File #2012-013-a) NROGO I Staff report for the April 17, 2013 BOCC public hearing]
1 2. A r-eeeiving structure with existing utilizing the transferred nonresidential floor
2 area shall not be
3 str- et ! e with Fflefe than 10,000 square feet of nanfesidential Beer- afe
4 except for a) a structure within the Urban Commercial (UQ
5 land use district, whefe a stpa wr-e may be expanded- consist of W to a maximum
6 total of 50,000 square feet of nonresidential floor area and b) a structure within
7 an overlay district or area, established in a community master plan or within
8 chapter 130, may consist of up to a maximum total of nonresidential floor area set
9 forth in the superseding overlay district or area.
10
11
shall ne� be less then 200 square feet and shall be in iner-ements of 100 (i.e., 204,-
12 - 00 inn eie )square feet.
13 d. Procedures Y ��.r �„>.�;,�t;'�« . The following procedures shall
14 be followed for permitting transfer of nonresidential floor area off -site:
15 1.
16 A minor
17 conditional use permit shall be required to identify, determine the eligibility of
18 and document the approval of the sender and receiver site, pursuant to the process
19 set forth in section 110-69. If a single receiver site is ,proposed to receive the
20 transferred nonresidential floor area from multiple sender sites, only a single
21 minor conditional use permit application shall be required. All sender and
22 receiver sites associated with a proposed transfer shall be identified at the time of
23 application.
24 2. The seWer nonFesidenfial
25 ,
26
27 iteHiiEed in the miner eeiiditienal use pefmit development orders and buildifig
28 permos fequiFed for- beth the sendef and feeeiver- sites. All floor- area to be
29 4unsfer-red shall be r-eanded to the neapes! 100 squafe The minor conditional
30 use permit application required in the previous subsection shall be submitted in a
31 form provided by the planning & environmental resources department. A
32 development order shall memorialize approval of the minor conditional use
33 permit. After successfully passing all applicable appeal periods, the development
34 order shall be recorded_ in the official records of the Monroe County Clerk of the
35 Circuit Court. Such recording shall be carried out so that the document is
36 associated with all applicable sender and receiver sites.
37 3. No building permit shall be issued for the nonresidential floor area on the receiver
38 site until the sending site structure is demolished as per an issued demolition
39 permit and a final inspection for the demolished floor space has been completed
40 by the building department.
41
42
43
44
45
46
Page 16 of 27 (File #2012-013-a) NROGO [Staff report for the April 17, 2013 BOCC public hearing[
1 Sec. 138-51. NROGO allocations.
2
3 (a) Maximum amount of available floor area for the annual nonresidential ROGO
4 allocations. -1
5
6 annuai residential alleea4iefi period year- by 239 squafe feet and r-eunding !he predtlet te
7 the nearest 100 squefe feet. Pie fnaxifnuffi afneew of available fleer- afee for- ann
8 alieeations shali be eemptited sepafa4ely for Big Pine Ke5, and No Naffie Key and for- the
9
10 _
11
12 ,
13 ,
14 , ,
15
16
17 maximum annual alleeation not made available fef alleeation in an anfitial allee
18
19 The annual amount of floor area
20 available for allocation under NROGO shall be 47,083 square feet. -Beginning NROGO
21 Year 22 (July 13, 2013), this floor area shall be distributed to each of subareas based on
22 the number of residential dwelling unit permits made available for each of the subareas,
23 as provided in the following table:
24
ROGO subarea
Number of
market rate units
Approximate
Total
dwelling
units
Annual NROGO
number of
affordable
units*
allocation*
Upper
61
35
96
22,944 SF
Lower
57
34
91
21,749 SF
Big Pine/No
Name
8
2
10
2,390 SF
Total
1 47,083 SF
NOTE: If residential unit dwelling unit permit figures are modified, the annual NROGO
allocations shall be al2propriately adjusted.
25 * Concerning the Upper Keys and Lower Keys subareas, 71 affordable ROGO
26 allocations are disproportionately distributed. Using a proportional approximation, the
27 above table divides this total in half and gives the extra unit to the Upper Keys subarea
28 since it has more market -rate -growth.
29 ** Number of total dwelling units time 239 square feet
30
31 (b) Maximum allocation of nonresidential floor area by site per each allocation quarter. The
32 amount of nonresidential floor area to be allocated shall be limited to a maximum share
33 of 2 10,000 square feet for any one site per each allocation quarter, ex ept f F 5i.oE
34 . For- sites leeated -withtili
Page 17 of 27 (File #2012-013-a) NROGO [Staff report for the April 17, 2013 BOCC public hearing]
4 (c) Maximum floor area per structure. AH exis'_nA structure shall not receive an allocation
5 that expands the structure to more than 10,000 square feet of nonresidential floor area,
6 * : ; '��' ' �' �~~ �'- s, *?, excludin a a structure in the
�'�_1.
7 re;+� Urban Commercial (UC land use district may receive an allocation that
8 expands the structure lie-expande to not more than 50,000 square feet and b) a structure
9 within an overlay district established in a communit master 121an. in which the maximum
10 shall be governed by the master -plan if applicable, or within cha ter 130 specifically
11 allowing such a structure of over 10,000 square feet.
12
13
14
15 of 2,500 sq--a-fee" e 1 efeent may be alleftppli�an",
16 .
17
18 (e) ,d....Hed ..1 igearioi? and senii6togntial .-.11n The maximufn apinual amount et
19
20
21
22 )f sabseetions (a) and (d) of this .
23 .
24 .. M.
The amount a
25
26 _ .
27
28
29 seetien 138 53(a) ma), be made available fer allocation &A;ards after- a seeend alleeation
30 d-&te:
31
32 (4) l� Allocation dates. To be considered for an allocation award, all NROGO applications
33 must be submitted to the planning department and deemed complete by the planning
34 director, or his or her designee, by no later than 4:00 p.m. on the specified allocation date
35 quarter closure, which shall be the same dates as those for the residential ROGO. The
36 first ailocafien date of a NROGO annual alloewieln pefied shall be the lait da�' at'
37 first38 ,
39
40 .
41
42 b ,
43 Shall adopt.
44
45
46
Page 18 of 27 (File #2012-013-a) NROGO (Staff report for the April 17, 2013 BOCC public hearing]
I
2 Isf-Ell! establish !he EIRFItial
3 fnaximurn alioeation,
4 and the distribution between small and iafge siFe alleeations b), no latef than 60
5 pFior to the allocatiefl date;
6
7 (fir) U Annual nonresidential ROGO allocation. The bear-d of eounty
8 This annual
9 allocation may shall be distributed between the four allocation dam, guarters, which
10 shall be the same dates as those for the residential ROGO.
11
12Xqmie Key. Ver the first Rile
13 ,
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
IV RECOMMENDATION
Staff has found that the proposed text amendment would be consistent with the Principles for
Guiding Development in the Florida Keys Area of Critical State Concern, the Monroe
County Comprehensive Plan and the Monroe County Code.
31 Further, staff has found that the proposed text amendment would be consistent with one or
32 more of the required provisions of § 102-158(d)(5)(b): 1. Changed projections (e.g., regarding
33 public service needs) from those on which the text or boundary was based; 2. Changed
34 assumptions (e.g., regarding demographic trends); 3. Data errors, including errors in
35 mapping, vegetative types and natural features described in volume I of the plan; 4. New
36 issues; 5. Recognition of a need for additional detail or comprehensiveness; or 6. Data
37 updates. Specifically, the proposed text amendments are necessary due to new issues and
38 recognition of a need for additional detail or comprehensiveness.
39
40 Staff recommends that the Board of County Commissioners amend the Monroe County Code
41 as stated in the text of this staff report.
42
Page 19 of 27 (File #2012-013-a) NROGO 1Staff report for the April 17, 2013 BOCC public hearingl
EXHIBIT 1:
Draft without Stricken Existing Text (Clean Version)
Sec. 138-47. Nonresidential rate of growth ordinance (NROGO).
(a) Definitions. The following words, terms and phrases, when used in this article, shall have
the meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Allocation date means the specific date and time by which applications for the NROGO
allocation will be accepted and processed.
Annual allocation period means the 12-month period beginning on July 14, 2001, and
subsequent one-year periods that is used to determine the amount of nonresidential floor
area to be allocated based on the number of ROGO allocations to be issued in the
upcoming ROGO year.
Annual nonresidential ROGO allocation, also referred to as an annual NROGO
allocation, means the maximum floor area that may be allocated during an annual
allocation period.
Buildable lot or parcel, for the purposes of this article, means a lot or parcel which must
contain a minimum of 2,000 square feet of uplands, including any disturbed wetlands that
can be filled.
Canopy, also referred to as a sunshade, in reference to a structure, means an unenclosed,
covered area. A canopy may be a free-standing structure or may project from the wall of
a building.
Community master plan means a plan adopted by the board of county commissioners as
part of the Monroe County Livable CommuniKeys Program.
Controlling date means the same as defined in section 138-19(a), except it shall apply to
NROGO applications under this article.
Historic resources means a building, structure, site, or object listed or eligible for listing
individually or as a contributing resource in a district in the National Register of Historic
Places, the state inventory of historic resources or the county register of designated
historic properties.
Lawfully established ROGO/NROGO exemption means a residential dwelling unit or
nonresidential floor area that has received a permit or other official approval from the
division of growth management for the units unit and/or nonresidential floor area.
Page 20 of 27 (File #2012-013-a) NROGO ]Staff report for the April 17, 2013 BOCC public hearing]
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Nonresidential floor area means the sum of the total floor area for a nonresidential
building or structure, as defined in section 101-1. Additionally, covered and unenclosed
boat racks with three or fewer sides not associated with retail sales of boats are not
considered nonresidential floor area. Further, the term "nonresidential floor area" does
not include space occupied by residential uses, including spaces occupied by a transient
residential unit and an institutional -residential use as defined in section 101-1.
Nonresidential ROGO allocation, also referred to as NROGO allocation, means the
maximum amount of nonresidential floor area which may be allocated in a given time
period.
Nonresidential ROGO allocation award, also referred to as NROGO allocation award,
means the approval of a nonresidential ROGO application prior to the application and
subsequent issuance of a building permit to authorize construction of new nonresidential
floor area.
Nonresidential ROGO bank, also referred to as NROGO bank, means the cumulative
total of a) NROGO allocations that were not awarded and thereby not allocated due to a
lack of demand, b) nonresidential floor area not made available for the annual NROGO
allocation by the board of county commissioners; and c) allocated nonresidential floor
area reclaimed due to the abandonment or expiration of approved development that
received a NROGO allocation award.
Quarterly nonresidential ROGO allocation period means any one of the four periods
within an annual allocation period.
Quarterly nonresidential ROGO allocation means the maximum number of amount of
nonresidential floor area square footage which may be allocated in a quarterly allocation
period.
Site means the parcels of land required to be aggregated to be developed or from which
existing nonresidential floor area is to be transferred or received.
Storage area means the outside storage of vehicles, recreational vehicles, boats, campers,
equipment, goods and materials for more than 24 hours. The term "storage area" includes
a contractor's equipment storage, but does not include outdoor retail sales, which is
defined in section 101-1. This is considered a light industrial use and does not include
waste transfer stations, junkyards, or other heavy industrial uses.
(b) Purpose and intent. The purposes and intent of the nonresidential rate of growth
ordinance (NROGO) are:
(1) To facilitate implementation of goals, objectives and policies set forth in the
comprehensive plan relating to maintaining a balance between residential and
nonresidential growth.
Page 21 of 27 (File #2012-013-a) NROGO [Staff report for the April 17, 2013 BOCC public hearing]
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(2) To maintain a ratio of approximately 239 square feet of nonresidential floor area for
each new residential dwelling unit permit issued through the residential rate of growth
ordinance (ROGO) by ROGO subarea.
(3) To promote the upgrading and expansion of existing small -size businesses and to
retain the predominately small scale character of nonresidential development in the
Florida Keys.
(4) To regulate the rate and location of nonresidential development in order to eliminate
potential land use conflicts.
(5) To allocate the nonresidential floor area annually hereunder, based on the goals,
objectives and policies of the comprehensive plan and the community master plans.
Sec. 138-48. General provisions.
(a) Nonresidential ROGO allocation award required. No building permit shall be issued after
September 19, 2001 that results in additional nonresidential floor area on a site unless
that nonresidential development has received a NROGO allocation award or is
determined to be exempt as provided in section 138-50.
(b) Applicable geographic area. The NROGO allocation system shall apply within the
unincorporated area of the county, excluding areas within the county mainland and within
Ocean Reef planned development.
Sec. 138-49. Type of development affected; special requirements.
(a) The NROGO shall apply to the development of all new and expanded nonresidential
floor area, except as exempted by section 138-50, for which a building permit or other
final development approval is required.
(b) Unincorporated areas other than Big Pine Key and No Name Key. Notwithstanding the
provisions of development, as defined in section 101-1, the following new uses shall only
be eligible for a NROGO allocation under this article on sites located within a designated
area approved for such use, identified within a community master plan and/or an overlay
district established within chapter 130:
(1) Commercial retail very high -intensity uses that generate more than 150 vehicle trips
per 1,000 square feet of floor area.
(c) Big Pine Key and No Name Key. Notwithstanding the provisions of development, as
defined in section 101-1, in accordance with the community master plan for Big Pine Key
and No Name Key, the following new uses or changes in use are prohibited on Big Pine
Key and No Name Key:
(1) Commercial retail high -intensity uses that generate more than 150 vehicle trips per
1,000 square feet of floor area.
Page 22 of 27 (File #2012-013-a) NROGO [Staff report for the April 17, 2013 BOCC public hearing]
2 (d) Nonpublic institutional uses on Big Pine Key and No Name Key are subject to the
3 provisions of NROGO pursuant to the following special conditions and standards:
4 (1) A nonpublic institutional floor area and use existing on the effective date of the
5 issuance of the incidental take permit for the Florida Key Deer and other covered
6 species may be expanded by 2,500 square feet of floor area per NROGO year,
7 provided that the land was owned by the institutional organization at the time of the
8 issuance of the incidental take permit. These allocations are to be made on a "first
9 come, first served" basis.
10 (2) New nonpublic institutional uses on Big Pine Key and No Name Key are subject to
11 the provisions of NROGO.
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13 (e) All new or expanded nonresidential development on Big Pine Key and No Name Key is
14 subject to the provisions of the incidental take permit and the habitat conservation plan
15 for the Florida Key Deer and other covered species, which may affect NROGO
16 allocations under this article. All new and expanded nonresidential development shall be
17 limited to scarified or disturbed lands, and clearing of any pinelands and/or hammock is
18 prohibited.
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22 Sec.138-50. Type of development not subject to the NROGO permit allocation system.
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24 The NROGO shall not apply to the development described below:
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26 (1) Development with no net increase in nonresidential floor area. The redevelopment,
27 rehabilitation or replacement of any lawfully established nonresidential floor area which
28 does not increase the amount of nonresidential floor area greater than that which existed
29 on the site prior to the redevelopment, rehabilitation or replacement.
30 The planning director shall review available documents to determine if a body of
31 evidence exists to support the existence of nonresidential floor area on or about
32 September 19, 2001, the effective date of the original NROGO. Such evidence shall be
33 documented and submitted to the planning director on a form provided by the planning
34 department. The application shall include, at a minimum, at least two of the following
35 documents:
36 a. Any issued Monroe County building permit(s) supporting the existence of the
37 structure(s) and its use(s) on or about September 19, 2001;
38 b. Documentation from the Monroe County Property Appraiser's Office indicating
39 residential use on or about September 19, 2001;
40 c. Aerial photographs and original dated photographs showing the structure(s) existed
41 on or about September 19, 2001;
42 d. Nonresidential County Directory entries on or about September 19, 2001;
43 e. Rental, occupancy or lease records, on or about September 19, 2001, indicating the
44 number, type and term of the rental or occupancy;
45 f. State and/or county licenses, on or about September 19, 2001, indicating the
46 nonresidential use;
Page 23 of 27 (File #2012-013-a) NROGO [Staff report for the April 17, 2013 BOCC public hearing]
I g. Documentation from the utility providers indicating the type of service (commercial
2 or residential) provided and the number of meters in existence on or about September
3 19, 2001; and
4 h. Similar supporting documentation not listed above as determined suitable by the
5 planning director.
6 Nonresidential floor area established after the effective date of the original NROGO
7 should be documented through the NROGO permit allocation system. Such
8 nonresidential floor area that received such an NROGO allocation(s) that was constructed
9 may be lawfully established through verification of the certificate of
10 completeness/occupancy alone. Provision of affidavits to support the existence of
11 nonresidential floor area is allowed, but affidavits cannot be the sole record upon which a
12 decision is based. Other than files in which the growth management division is custodian,
13 provision of documents is the responsibility of the applicant. Nonresidential floor area
14 determined to be exempt from the NROGO per this subsection that has not been
15 previously acknowledged by the planning director may also be a nonconformity, pursuant
16 to chapter 102, article III nonconformities. Such occasions shall require a separate
17 determination by the planning director as to the lawfulness of the nonconformity.
18
19 (2) Areas exempted from residential ROGO. Any area of the unincorporated county
20 exempted from residential ROGO as provided for in section 138-22.
21
22 (3) Public/governmental uses. Public/governmental uses, including public buildings, as
23 defined in section 101-1.
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25 (4) Development activity for certain not -for -profit organizations. Except for the nonpublic
26 institutional uses on Big Pine Key and No Name Key pursuant to section 138-49,
27 nonresidential development activity within tier III designated areas by federally tax
28 exempt not -for -profit educational, scientific, health, religious, social, cultural and
29 recreational organizations which predominately serve the county's non -transient
30 population, if approved by the board of county commissioners after review and
31 recommendation by the planning director and planning commission. This exemption is
32 subject to the condition that a restrictive covenant be placed on the property prior to the
33 issuance of a building permit. The restrictive covenant shall run in favor of the county for
34 a period of at least 20 years. Any change in the use or ownership of the property subject
35 to this restrictive covenant shall require prior approval by the planning commission,
36 unless the total floor area exempted by the planning commission is obtained through an
37 off -site transfer of floor area and/or nonresidential floor area allocation. If the total
38 amount of floor area that is transferred and/or allocated meets or exceeds the total amount
39 of floor area exempted, the restrictive covenant shall be vacated by the county. This
40 exemption is not applicable to nonresidential development proposed within any tier I or
41 tier III -A (special protection area) designated areas.
42
43 (5) Vested rights. Landowners with a valid, unexpired development of regional impact
44 approval granted by the county prior to January 4, 1996, (effective date of the
45 comprehensive plan) or an approved vesting determination by the county from the
46 nonresidential allocation requirements of this section and the comprehensive plan.
Page 24 of 27 (File #2012-013-a) NROGO [Staff report for the April 17, 2013 BOCC public hearing]
2 (6) De minimis expansion or de minimis addition of new nonresidential floor area. The
3 cumulative addition of up to 1,000 square feet of new nonresidential floor area shall not
4 require a NROGO application and NROGO allocation prior to issuance of a building
5 permit. De minimis is not required to be utilized in whole or limited to a single building
6 permit application; however cumulatively, an individual property shall not receive any
7 more than 1,000 square feet of new nonresidential floor via de minimis expansion and/or
8 addition. Nonresidential floor area permitted via de minimis expansion and/or addition
9 shall be deducted from the annual NROGO allocation or the NROGO bank.
10
11 (7)Industrial uses. Industrial uses in the maritime industries (MI) and the industrial (I) land
12 use districts, provided that the floor area is restricted to manufacturing, assembly,
13 wholesaling, and distribution uses. All other forms of industrial uses and other
14 nonresidential uses which may be permitted in the land use district are subject to the
15 requirements of this article and will require an NROGO allocation.
16
17 (8) Agriculture/aquacultural uses. Agricultural and aquacultural uses in the agricultural and
18 aquaculture use overlay (A).
19
20 (9) Canopy.
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22 (10) Transfer off -site of existing nonresidential floor area. The demolition/removal and
23 transfer off -site of nonresidential floor area from a sender site and the development of the
24 transferred nonresidential floor area on a receiver site in accordance with the following
25 procedures and criteria:
26 a. Eligibility of sender floor area. Nonresidential floor area shall be lawfully established
27 floor area pursuant to subsection (1) or have received an NROGO allocation or
28 transfer of floor area after September 19, 2001.
29 b. Criteria.
30 1. The receiver site shall be within a tier III designated area and, if on Big Pine Key,
31 it shall also be located within the designated community center overlay area;
32 2. The receiver site shall be located within the same ROGO subarea, as set forth in
33 section 138-20, as the sender site;
34 3. The use that would utilize the transferred nonresidential floor area on the receiver
35 site shall not be a high -intensity commercial retail use which will generate more
36 than 150 daily vehicle trips per 1,000 square feet of floor area, unless the receiver
37 site is within an overlay district or area, established in a community master plan
38 or within chapter 130, specifically allowing such a high -intensity commercial
39 retail use;
40 4. The receiver site shall not be located within a V special flood hazard zone;
41 5. The receiver site shall not be located in a coastal barrier resources system; and
42 6. The receiver site shall not be located in an offshore island/conservation land
43 protection area.
44 c. Limitations on the amount of nonresidential floor area which may be transferred to
45 any one site. The amount of nonresidential floor area which may be transferred to any
46 one site shall be as follows:
Page 25 of 27 (File #2012-013-a) NROGO [Staff report for the April 17, 2013 BOCC public hearingl
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1. No more than a maximum cumulative total of 50,000 square feet of nonresidential
floor area may be transferred to any one site.
2. A structure utilizing the transferred nonresidential floor area shall not be greater
than 10,000 square feet, except for a) a structure within the Urban Commercial
(UC) land use district may consist of up to a maximum total of 50,000 square feet
of nonresidential floor area and b) a structure within an overlay district or area,
established in a community master plan or within chapter 130, may consist of up
to a maximum total of nonresidential floor area set forth in the superseding
overlay district or area.
d. Procedures. The following procedures shall be followed for permitting transfer of
nonresidential floor area off -site:
1. A minor conditional use permit shall be required to identify, determine the
eligibility of and document the approval of the sender and receiver site, pursuant
to the process set forth in section 110-69. If a single receiver site is proposed to
receive the transferred nonresidential floor area from multiple sender sites, only a
single minor conditional use permit application shall be required. All sender and
receiver sites associated with a proposed transfer shall be identified at the time of
application.
2. The minor conditional use permit application required in the previous subsection
shall be submitted in a form provided by the planning & environmental resources
department. A development order shall memorialize approval of the minor
conditional use permit. After successfully passing all applicable appeal periods,
the development order shall be recorded in the official records of the Monroe
County Clerk of the Circuit Court. Such recording shall be carried out so that the
document is associated with all applicable sender and receiver sites.
3. No building permit shall be issued for the nonresidential floor area on the receiver
site until the sending site structure is demolished as per an issued demolition
permit and a final inspection for the demolished floor space has been completed
by the building department.
Sec.138-51. NROGO allocations.
(a) Maximum amount of available floor area for the annual nonresidential ROGO
allocations. The annual amount of floor area available for allocation under NROGO shall
be 47,083 square feet. Beginning NROGO Year 22 (July 13, 2013), this floor area shall
be distributed to each of subareas based on the number of residential dwelling unit
permits made available for each of the subareas, as provided in the following table:
Page 26 of 27 (File #2012-013-a) NROGO [Staff report for the April 17, 2013 BOCC public hearing]
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ROGO subarea
Number of
Approximate
Total
Annual NROGO
market rate units
number of
dwelling
allocation*
affordable
units
units*
Upper
61
35
96
22,944 SF
Lower
57
34
91
21,749 SF
Big Pine/No
8
2
10
2,390 SF
Name
Total
147,083 SF
(b) Maximum allocation of nonresidential floor area by site per each allocation quarter. The
amount of nonresidential floor area to be allocated shall be limited to a maximum share
of 10,000 square feet for any one site per each allocation quarter.
(c) Maximum floor area per structure. A structure shall not receive an allocation that
expands the structure to more than 10,000 square feet of nonresidential floor area,
excluding: a) a structure in the Urban Commercial (UC) land use district may receive an
allocation that expands the structure to not more than 50,000 square feet and b) a
structure within an overlay district established in a community master plan, in which the
maximum shall be governed by the master plan if applicable, or within chapter 130
specifically allowing such a structure of over 10,000 square feet.
(d) Allocation dates. To be considered for an allocation award, all NROGO applications
must be submitted to the planning department and deemed complete by the planning
director, or his or her designee, by no later than 4:00 p.m. on the specified allocation
quarter closure, which shall be the same dates as those for the residential ROGO.
(e) Annual nonresidential ROGO allocation. This annual allocation shall be distributed
between the four allocation quarters, which shall be the same dates as those for the
residential ROGO.
Page 27 of 27 (File #2012-013-a) NROGO I Staff report for the April 17, 2013 BOCC public hearing]
p
MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. - 2013
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS REVISING PROVISIONS OF THE
MONROE COUNTY CODE CONCERNING THE NON-
RESIDENTIAL RATE OF GROWTH ORDINANCE (NROGO);
AMENDING THE FOLLOWING MONROE COUNTY CODE
SECTIONS: SECTION 138-47, NONRESIDENTIAL RATE OF
GROWTH ORDINANCE; SECTION 138-48, GENERAL
PROVISIONS; SECTION 138-49, TYPE OF DEVELOPMENT
AFFECTED; SPECIAL REQUIREMENTS; SECTION 138-50,
TYPE OF DEVELOPMENT NOT AFFECTED; SECTION 138-51,
NROGO ALLOCATIONS; ESTABLISHING NEW DEFINITIONS;
REVISING THE TYPES OF DEVELOPMENT AFFECTED AND
NOT AFFECTED; REVISING THE REGULATIONS TO
INCREASE THE NUMBER OF NROGO ALLOCATION PERIODS
IN A NROGO YEAR FROM TWO ALLOCATION PERIODS TO
FOUR ALLOCATION PERIODS; INCREASING THE MAXIMUM
AMOUNT OF SQUARE FOOTAGE FOR AN ALLOCATION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
OF CONFLICTING PROVISIONS; PROVIDING FOR
TRANSMITTAL TO THE STATE LAND PLANNING AGENCY
AND THE SECRETARY OF STATE; PROVIDING FOR
CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, since the implementation of the Nonresidential Rate of Growth Ordinance
(NROGO) permit allocation system, applications for square footage have not exceeded the
amount available. However, for applicants, the process is often long and cumbersome as
allocations are awarded only every six months capped at 2,500 square feet. Applicants often wait
several months, and in some cases years, to acquire the total amount of square footage their
development requires. Keeping in mind that the NROGO is the final stage of the development
process (conditional use permits -if necessary and building permits must be approved prior to
application submittal and concurrency is measured at approval not issuance), it is not
advantageous to have applicants wait for square footage due to application caps when the system
is not competitive and square footage is available, but not accessible to the applicant, and
WHEREAS, historically, the County has utilized only a small percentage of the total amount of
square footage made available to the County in a given year. In the past 11 years, for the
Page 1 of 14
Upper/Lower Keys areas (excluding Big Pine/No Name Keys), 389,991 square feet (and
growing) has not been utilized for development, despite the fact that there have been applications
in the system that needed some of that square footage, but were capped at obtaining only 5,000
square feet annually. In addition, 4,339 square feet of the square footage has not been awarded to
Big Pine/No Name areas since the inception of the Big Pine CommuniKeys Plan and a separate
allocation process in 2006. Like the remaining part of the County, at times, there have been
applications in the system that needed some of that square footage but were capped; and
WHEREAS, the purpose of the ordinance is to make the NROGO permit allocation system less
cumbersome and more efficient. All revisions are consistent with the policies of the
comprehensive plan; and
WHEREAS, based upon the information and documentation submitted, the Board of County
Commissioners makes the following Conclusions of Law: 1) the text amendment is consistent
with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern;
2) the text amendment is consistent with the provisions and intent of the Monroe County
Comprehensive Plan; and 3) the text amendment is consistent with the provisions and intent of
the Monroe County Code; and
WHEREAS, during regularly scheduled meetings held on June 26, 2012 and August 28, 2012,
the Monroe County Development Review Committee reviewed the ordinance and recommended
approval to the Board of County Commissioners; and
WHEREAS, during regularly scheduled public hearings held on January 30, 2013, February 27,
2013 and March 27, 2013, the Monroe County Planning Commission reviewed the ordinance
and recommended approval to the Board of County Commissioners; and
WHEREAS, the Board of County Commissioners discussed this amendment at its February 20,
2013 meeting and the Board provided Growth Management staff with revisions to be addressed
and/or carried out prior to the public hearing;
NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS:
Section 1. Section 138-47 of the Monroe County Code shall be amended as follows (deletions
are stFielen thr-euo and additions are underlined):
See.138-47. Nonresidential rate of growth ordinance (NROGO).
(a) Definitions. The following words, terms and phrases, when used in this article, shall have
the meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Allocation date means the specific date and time by which applications for the NROGO
allocation will be accepted and processed.
Page 2 of 14
Annual allocation period means the 12-month period beginning on July 14, 2001, and
subsequent one-year periods that is used to determine the amount of nonresidential floor
area to be allocated based on the number of ROGO allocations to be issued in the
upcoming ROGO year.
Annual nonresidential ROGO allocation also referred to as an annual NROGO
allocation, means the maximum floor area that may be wed
allocated during an annual allocation period.
Buildable lot or parcel, for the purposes of this ehapter article, means a lot or parcel
which must contain a minimum of 2,000 square feet of uplands, including any disturbed
wetlands that can be filled.
Canopy, also referred to as a sunshade in reference to a structure, means an unenclosed,
covered area. A canopy may be a free-standing structure or may project from the wall of
a building.
Community master plan means a plan adopted by the board of county commissioners as
part of the Monroe County Livable CommuniKeys Program.
Controlling date means the same as defined in section 138-19(a), except it shall apply to
NROGO applications under this article.
Gevered walkways means a eevered area ef any length but ne wider- than five feet that is
Historic resources means a building, structure, site, or object listed or eligible for listing
individually or as a contributing resource in a district in the National Register of Historic
Places, the state inventory of historic resources or the county register of designated
historic properties.
AV911 means the develepment er- r-edevelepment ef land that has been bypassed, r-emained
vaeant,-an&er- undemsed in etheFmise built up areas whiehse ser-vieed b existing
inftastmetffe:
Lawfully established ROGO/NROGO exemption means a residential dwelling unit or
nonresidential floor area that has received a permit or other official approval from the
division of growth management for the units unit and/or nonresidential floor area.
Nonresidential floor area means the sum of the gr-ess total floor area for a nonresidential
building or structure, as defined in section 101-1, any areas used fer the pr-evisien ef
-JVl ♦1VVJ GL114 JVll �lllr,., „11V LL1V1 vv , vav� v+ ,.,aavv , v�v,�, w�� w�� vv , v��r.,
and leading areas are
7ays! ! !
Additionally, beat bams, covered and unenclosed
boat racks with three or fewer sides not associated with retail sales of boats whieh de net
Page 3 of 14
emeeed 50 pereent ef the ..^+ buildable arc of the let/p ^ are not considered
nonresidential floor area. Further, the The term "nonresidential floor area" does not
include space occupied by residential peal uses,
including spaces occupied by a transient residential unit and an institutional -residential
use as defined in section 101-1.
Nonresidential ROGO allocation, also referred to as NROGO allocation, means the
maximum amount of nonresidential floor area which building pe i s may be issue
allocated in a given time period.
Nonresidential ROGO allocation award, also referred to as NROGO allocation award,
means the approval of a nonresidential ROGO application prior to the application and
subsequent issuance of a building permit to authorize construction of new nonresidential
floor area.
Quarterly nonresidential ROGO allocation period means any one of the four periods
within an annual allocation period.
Quarterly nonresidential ROGO allocation means the maximum number of amount of
nonresidential floor area square footage which may be allocated in a quarterly allocation
period.
Site means the parcels of land required to be aggregated to be developed or from which
existing nonresidential floor area is to be transferred or received.
Storage area means the outside storage of vehicles, recreational vehicles, boats, campers,
equipment, goods and materials for more than 24 hours. The tern "storage area" includes
a contractor's equipment storage, but does not include outdoor retail sales, which is
defimed in section 101-1. This is considered a light industrial use and does not include
waste transfer stations, junkyards, yards or other heavy industrial uses.
Sunshade means an unenelo'cdJtr aGtQC"AJCd RP:yteefie1Tfiem-the wtiu+we.
(b) Purpose and intent. The purposes and intent of the nonresidential rate of growth
ordinance (NROGO) are:
(1) To facilitate implementation of goals, objectives and policies set forth in the
comprehensive plan relating to maintaining a balance between residential and
nonresidential growth.
(2) To maintain a ratio of approximately 239 square feet of nonresidential floor area for
each new residential dwelling unit permit issued through the residential rate of growth
ordinance (ROGO) by ROGO subarea.
(3) To promote the upgrading and expansion of existing small -size businesses and to
retain the predominately small scale character of nonresidential development in the
Florida Keys.
(4) To regulate the rate and location of nonresidential development in order to eliminate
potential land use conflicts.
Page 4 of 14
(5) To allocate the nonresidential floor area annually hereunder, based on the goals,
objectives and policies of the comprehensive plan and the community master plans.
Section 2. Section 138-48 of the Monroe County Code shall be amended as follows (deletions
are st-fielc�-ifi t-h-mettgh and additions are underlined):
See.138-48. General provisions.
(a) Nonresidential ROGO allocation award required. No building permit shall be issued after
September 19, 2001 that results in additional nonresidential floor area
on a site unless that nonresidential development has received a new NROGO
allocation award or is determined to be exempt as provided in section 138-50.
(b) Applicable geographic area. The NROGO allocation system shall apply within the
unincorporated area of the county excluding areas within the county mainland and within
Ocean Reef planned development.
Section 3. Section 138-49 of the Monroe County Code shall be amended as follows (deletions
are stfieleen Offeugh and additions are underlined):
Sec. 138-49. Type of development affected; special requirements.
(a) The NROGO shall apply to the development of all new and expanded nonresidential
floor area, except as exempted by section 138-50, for which a building permit or other
final development approval is required.
(b) Unincorporated areas other than Big Pine Key and No Name Key. Notwithstanding the
provisions of development, as defined in section 101-1, the following new uses shall only
be eligible for a NROGO allocation under this article on sites located within a designated
eenmner-eial ee.,ter ever -la • area approved for such use, identified within a community
master plan and/or an overlay district established within chapter 130:
(1) Commercial retail very high -intensity uses that generate more than 150 vehicle trips
per 1,000 square feet of floor area.
sales(3) Qutdeer- retail sales areas on a vaeant let, and any new er- expanded eutdeer- retail
asseeiawd with a lawfully established stnaet„ existing en the eff et: a d to ..�
arn�a-ace isderived, -vrless -than 5 oosqciis .a,..t ..f fl.,...
e
Page 5 of 14
(c) Big Pine Key and No Name Key. Notwithstanding the provisions of subseefiens
development as defined in section 101-1, in accordance
with the communitymaster plan for Big Pine Key and No Name Key, the following new
uses or edge changes in use are prohibited on Big Pine Key/ and No Name Key:
(1) Commercial retail high -intensity uses that generate more than 150 vehicle trips per
1,000 square feet of floor area.
ter.
Ld)(g)-Nonpublic institutional uses on Big Pine Key and No Name Key are subject to the
provisions of NROGO pursuant to the following special conditions and standards:
(1) A nonpublic institutional floor area and use existing on the effective date of the
issuance of the incidental take permit for the Florida Key Deer and other covered
species may be expanded by 2,500 square feet of floor area per NROGO year,
provided that the land was owned by the institutional organization at the time of the
issuance of the incidental take permit. These allocations are to be made on a "first
come, first served" basis.
(2) New nonpublic institutional uses on Big Pine Key and No Name Key are subject to
the provisions of NROGO.
Ue (h) All new or expanded nonresidential development on Big Pine Key and No Name Key
is subject to the provisions of the incidental take permit and the habitat conservation plan
for the Florida Key Deer and other covered species, which may affect NROGO
allocations under this article. All new and expanded nonresidential development shall be
limited to scarified or disturbed lands, and clearing of any pinelands and/or hammock is
prohibited.
Section 4. Section 138-50 of the Monroe County Code shall be amended as follows (deletions
are s4fiElen tbf-eugh and additions are underlined):
Sec. 138-50. Type of development not a€fected subject to the NROGO permit allocation
system.
Page 6 of 14
The NROGO shall not apply to the development described below:
(1) Development with no net increase in nonresidential floor area. The redevelopment,
rehabilitation or replacement of any lawfully established nonresidential floor area which
does not increase the amount of nonresidential floor area greater than that which existed
on the site prior to the redevelopment, rehabilitation or replacement.
The planning director shall review available documents to determine if a body of
evidence exists to support the existence of nonresidential floor area on or about
September 19, 2001, the effective date of the original NROGO. Such evidence shall be
documented and submitted to the planning director on a form provided by the planning
department. The application shall include, at a minimum, at least two of the following
documents:
a. Any issued Monroe County building permit(s) supporting the existence of the
structure(s) and its use(s) on or about September 19, 2001;
b. Documentation from the Monroe County Property Appraiser's Office indicating
residential use on or about September 19, 2001;
c. Aerial photographs and original dated photographs showing the structure(s) existed
on or about September 19, 2001;
d. Nonresidential County Directory entries on or about September 19, 2001;
e. Rental, occupancy or lease records, on or about September 19, 2001, indicating the
number, type and term of the rental or occupancy;
f. State and/or county licenses, on or about September 19, 2001, indicating the
nonresidential use;
g. Documentation from the utility providers indicating the type of service (commercial
or residential) provided and the number of meters in existence on or about September
19, 2001; and
h. Similar supporting documentation not listed above as determined suitable by the
planning director.
Nonresidential floor area established after the effective date of the original NROGO
should be documented through the NROGO permit allocation system. Such
nonresidential floor area that received such an NROGO allocation(s) that was constructed
may be lawfully established through verification of the certificate of
completeness/occupancy alone. Provision of affidavits to support the existence of
nonresidential floor area is allowed, but affidavits cannot be the sole record upon which a
decision is based. Other than files in which the growth management division is custodian,
provision of documents is the responsibility of the applicant. Nonresidential floor area
determined to be exempt from the NROGO per this subsection that has not been
previously acknowledged by the planning director may also be a nonconformity, pursuant
to chapter 102, article III nonconformities. Such occasions shall require a separate
determination by the planning director as to the lawfulness of the nonconformity.
(2) Areas exempted from residential ROGO. Any area of the unincorporated county
exempted from residential ROGO as provided for in section 138-22.
Page 7 of 14
(3) Publiclgovernmental uses. Public/governmental uses, including
aFA-public buildings, be&as defined in section 101-1.
(4) Development activity for certain not -for -profit organizations. Except for the nonpublic
institutional uses on Big Pine Key and No Name Key pursuant to section 138-49,
nonresidential development activity within tier III designated areas by federally tax
exempt not -for -profit educational, scientific, health, religious, social, cultural and
recreational organizations which predominately serve the county's non -transient
population, if approved by the board of county commissioners after review and
recommendation by the planning director and planning commission. This exemption is
subject to the condition that a restrictive covenant be placed on the property prior to the
issuance of a building permit. The restrictive covenant shall run in favor of the county for
a period of at least 20 years. Any change in the use or ownership of the property subject
to this restrictive covenant shall require prior approval by the planning commission,
unless the total floor area exempted by the planning commission is obtained through an
off -site transfer of floor area and/or nonresidential floor area allocation. If the total
amount of floor area that is transferred and/or allocated meets or exceeds the total amount
of floor area exempted, the restrictive covenant shall be vacated by the county. This
exemption is not applicable to nonresidential development proposed within any tier I or
tier III -A (special protection area) designated areas.
(5) Vested rights. Landowners with a valid, unexpired development of regional impact
approval granted by the county prior to January 4, 1996, (effective date of the
comprehensive plan) or an approved vesting determination by the county from the
nonresidential allocation requirements of this section and the comprehensive plan.
(6) De minimis expansion of or de minimis addition of new nonresidential floor area. The
cumulative januar-y n , �o� „� n , f,,.,, o., ,,T
> > b
100square ot_,.. less addition of up to 1,000 square feet of new nonresidential floor area
shall not require a NROGO application and NROGO allocation prior to issuance of a
building, permit De minimis is not required to be utilized in whole or limited to a single
building permit application• however cumulatively, an individual property shall not
receive any more than 1,000 square feet of new nonresidential floor via de minimis
expansion and/or addition Nonresidential floor area permitted via de minimis expansion
and/or addition shall be deducted from the annual NROGO allocation or the NROGO
bank.
(7)Industrial uses. Industrial uses in the maritime industfial industries (MI) and the
industrial (I) land use districts, provided that the floor area is restricted to manufacturing,
assembly, wholesaling, and distribution uses. All other forms of industrial uses and other
nonresidential uses which may be permitted in the land use district are subject to the
requirements of this article and will require an NROGO allocation.
(8) Agricultureiaquacultural uses. Lawfully established agrietiltuml Agricultural and
aquacultural uses in the agricultural and aquaculture use overlay (A).
Page 8 of 14
(10) Transfer off -site of existing nonresidential floor area. The demolition/removal and
transfer off -site of nonresidential floor area from a sender site and the development of the
transferred nonresidential floor area on a receiver site in accordance with the following
procedures and criteria:
a. Eligibility of sender floor area. On'y nep.-esideiAial fle e with: an e ele ea
d beverage serv4ees anNonresidential
floor area shall be lawfully established floor area pursuant to subsection (1) or have
received an NROGO allocation or transfer of floor area after September 19, 2001.
b. Criteriafer redevelopment of nenresidentialfieer area effisite. in order- to redo 'ewe«
off -site, a r-eeeiver- site shall be eveAuated fer site eendifiens and shall meet all ef the
1. Is The receiver site shall be lee -within a tier III designated area and, if on Big
Pine Key, it shall also be is located within the designated community center
overlay area;
2. Is The receiver site shall be located within the same ROGO subarea, as set forth in
section 138-20, as the sender site,
Key, -
the sender site shall 1 be 1 + .7 en Big Pine Key er-Ne Name 11V e Vey;
0 Key;
3. is The use that would utilize the transferred nonresidential floor area on the
receiver site shall not be a high -intensity commercial very high iRtensity retail use
which will generate more than 150 daily vehicle trips per 1,000 square feet of
floor area, unless the receiver site is within an overlay district or area, established
in a communi master plan or within chapter 130 specifically allowing such a
high -intensity commercial retail use;
4. is no The receiver site shall not be located within a V special flood hazard zone;
S. Does + pr-epesethe eiear-ing vAth;« a fier- TTT A / \J1.J tL t:1 teee« ea)
1 L 1
designated area ef any peftien of an upland native habitat pateh ef efie aer-e e
6 Tf Rig D' Vthan the sender- Vlt 1`J 9 1 site,
i
5. is net The receiver site shall not be located in a coastal barrier resources
system; and
6. let The receiver site shall not be located in an offshore island/conservation
land protection area.
c. Limitations on the amount of nonresidential floor area which may be transferred to
any one site. The amount of nonresidential floor area which may be transferred to any
one site shall be as follows:
1. No more than a maximum cumulative total of 4,GW 50,000 square feet of
nonresidential floor area may be transferred to any one site.
Page 9 of 14
2. A r-eeeiving structure •-M existing utilizing, the transferred nonresidential floor
area shall not be expanded using tFansfeffed fleer- area if the r
rg eater than 10,000 square feet
except for a) a structure within the Urban Commercial (UC)
land use district, ••'-pre a ..+...,e4ffe may be consist of up to a maximum
total of 50,000 square feet of nonresidential floor area and b) a structure within
an overlay district or area established in a community master plan or within
chapter 130 may consist of up to a maximum total of nonresidential floor area set
forth in the supersedingoverlay district or area.
shallt be i than 200 f+ a
3 nn 400, ete) squat
�ccc Tsquar
d. Procedures . The following procedures shall
be followed for permitting transfer of nonresidential floor area off -site:
1. ^ pr-e applieafien eenfer-eRee and, at
approval shall be required fer- both the sit. lmi the r-eeeiver- site. A minor
conditional use permit shall be required to identify determine the eligibility of
and document the approval of the sender and receiver site pursuant to the process
set forth in section 110-69 If a single receiver site is proposed to receive the
transferred nonresidential floor area from multiple sender sites, only a single
minor conditional use permit application shall be required. All sender and
receiver sites associated with a proposed transfer shall be identified at the time of
gpplication.
2. The sender- nenfesidential fleer area shall be assigned a uniqtte identifier- RtImbef
roreaeh 100 squere feet iner-em„ts that shall b ,..,,.1. „a
�p�e�a u +
met3itefiag by the Y b department. Z
itemized in the n3iner eendifienal use
wau v
a
uilding
tfansfeffea shall b r-ouna a to the nearest 100 square fee+ The minor conditional
use permit application required in the previous subsection shall be submitted in a
form provided by the planning & environmental resources department. A
development order shall memorialize approval of the minor conditional use
permit After successfully passing all applicable appeal periods the development
order shall be recorded in the official records of the Monroe County Clerk of the
Circuit CourtSuch recording shall be carried out so that the document is
associated with all applicable sender and receiver sites.
3. No building permit shall be issued for the nonresidential floor area on the receiver
site until the sending site structure is demolished as per an issued demolition
permit and a final inspection for the demolished floor space has been completed
by the building department.
Section 5. Section 138-51 of the Monroe County Code shall be amended as follows (deletions
are striel sigh and additions are underlined):
Page 10 of 14
Sec. 138-51. NROGO allocations.
(a) Maximum amount of available floor area for the annual nonresidential ROGO
allocations. T it of f 'lb fer- alleeafien under-
shall b a + - a b l+ 1 t 1. v •ao--+•_t it1 ble f « +1 ^
J Y J p i �iii rrt�cT-cn--icsiacTnzm-vcruuw K
ann1 r-es.l -4' 1 11 t' pefiedyear- by 239 square feet _and«.lineo the rY ed et to
the nearest 100 sEjume feet. The Emn4 f 1 b flee« e for- ea et
aaaly
alleeafiens shall 1+ eemp Aed separately fe — BigPine Key and Ne Name e Key an f r- tthe1lV
VV KY
justed as
provided in seefien 138 53(a). Emeept fer- Big Pine Key and No Name Key, fer the fir -St.
Ila1 11 t' .l tl, «+ of Beer-.« e that , be 'e _ :lel_le
per-
F 11 t' 1+ + based the number- beof «°,.,nitsissued under- ROG
O, ^tenting
Y r
with the third 7 ,t! ROGOJ 1 (stettig April 14, 1993) uueKg ROGO year- 9
(ending july 2001) and number- of ROGO alleeatiens to be made in ROGO year-
! !
adept•enef the eempr-ehensive plan en April 15, 1992 A r-emaining Y•,••t e� tL.e
,, the + 1 lleeµf:e : e.:ed_ The annual amount of floor area
cmricc-v-rcr—cv--me—nc�► o t..,...,...
available for allocation under NROGO shall be 47,083 square feet. Beginning NROGO
Year 22 (July 13 2013) this floor area shall be distributed to each of subareas based on
the number of residential dwelling unit permits made available for each of the subareas,
as provided in the following table::
ROGO subarea
Number of
market rate units
Approximate
number of
affordable
units*
Total
dwelling
units
Annual NROGO
allocation*
Upper
61
35
96
22,944 SF
Lower
57
34
91
21.749 SF
Big Pine/No
Name
8
2
10
2,390 SF
Total
47.083 SF
(b) Maximum allocation of nonresidential floor area by site per each allocation quarter. The
amount of nonresidential floor area to be allocated shall be limited to a maximum share
of 2,z ✓00.10,000 square feet for any one site per each allocation quarter, emeept fer- si
eent. t ever -lay th ell° et:e shell e«ly be life ted by tl,e
- -J11LL11 vau ♦ �
maximum
j �'!
fleer- area ye,...t;i steture : ubseee« (e\ e f this seet:e«
'
(c) Maximum floor area per structure. An exisfing A structure shall not receive an allocation
that expands the structure to more than 10,000 square feet of nonresidential floor area,
excluding: a) a structure in the urn
eemmere-ial Urban Commercial (UC) land use district may receive an allocation that
expands the structure be expanded to not more than 50,000 square feet and b) a structure
Page 11 of 14
within an overlay district established in a community master plan in which the maximum
shall be governed by the master plan if applicable or within chapter 130 specifically
allowing such a structure of over 10,000 square feet.
+
b ll + a ' 1 ll' ya shall be fe a rr1:Ne.,4:ens «ez � esting (leer- are
e
Ane ��� er 500�uiLL'—'T'L, a 75 pe AN+ may be llee ,4e.7 +A ., plie ,+:AN..
1�w `"iL`' .
nefffesi,l +' 1 fleer area 1,' 1+ may b .leavailable fer alleee+:en an the dist,.:1.,,4:eN
u u1L. Ll
between tt (2500 square feet 6r less) kind -large -(more than 2,500 square )
alleeafiens shall b established L. the b a of a N+., , ,
11J1J L` L
1 « f pla fni ng dir-eeter- as + f..41, in b 4' N \a/ /e\ of this see4,AN
The—ali9cacien shall be Enade available lable en a eeuntyMde basis The amount AF
nep&esidential fl nr area whieh may bemadeavailable fer- eaeh alle ..,4:AN e Aa
d + a in b +' / \ f thisseefien, may be available f elle e4:eN e.,.e..ds efl•e
e LLL1V11 K♦♦LLL
41+ f 4 ll 4 date f'that
AN.. flee« n e e+ elt 4 ,l :N tMs fir-s4 elleee4:eN e
Jean J
fleer- area that beeemes available later- in the etiffeat alleeatien peried tmder- pr-evisiens ef
see+' 138 CZ/ \ may b .l availablef.• ellee.,+:eN awards after e e N.f .,11A ..,+:eN
date
(#) Ld) Allocation dates. To be considered for an allocation award, all NROGO applications
must be submitted to the planning department and deemed complete by the planning
director, or his or her designee, by no later than 4:00 p.m. on the specified allocation date
quarter closure which shall be the same dates as those for the residential ROGO. The
fffst alleeatien date ef a NROGO aimual n 4•eN Y Ne a f' shell be_t a last day e+---
,,e
adept,eessar-y, shall be the last day
shall
made available for- the ammal allee-efien and the distfibutien ef this alleeafien betwee
7 _� �L
small and --large �z 11 4' f+er- ' �ree6 eadatiens tem the ii3-
and 1 di e+e,. The planning a 1, ll make its elleeatien
-d_�•_n_ the Lear-.? e e my e4 least 90 days +. 4e 4b,e
-- - e L lV LLJL /V days �/�
�7 11 eel date. The b ,7 ef eeunty shall establishannual t e
and e distiibtnen between smed! andlarge 11ee.,4:ens by Ne l„4e.. than 60 days
( Annual nonresidential ROGD allocation.
1 available fll 4'en 11 M N, e+
part eft a el eltee:eN This annual
Page 12 of 14
allocation ffmy shall be distributed between the two four allocation des quarters, which
shall be the same dates as those for the residential ROGO.
-------
"
..
NOMATOMMMM..
.
Section 6. Application.
This ordinance applies to applications submitted on or after the commencement of Period 1 of
NROGO Year 22, which is July 15, 2013. In the event that the ordinance is not effective as
provided in Section 10 and 12 below, this ordinance shall apply to applications submitted on or
after the commencement of Period 2 of NROGO Year 22, which is January 14, 2014.
Section 7. Severability.
If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be
adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect,
impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be
confined to the section, paragraph, subdivision, clause, sentence, or provision immediately
involved in the controversy in which such judgment or decree shall be rendered.
Section 8. Conflicting Provisions.
All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the
extent of said conflict.
Section 9. Transmittal.
This ordinance shall be transmitted to the Florida State Land Planning Agency as required by F.S.
380.05 (11) and F.S. 380.0552(9).
Section 10. Filing.
This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not
become effective pursuant to Section 12 until a final order is issued according to F.S. 380.05(6)
by the Florida State Land Planning Agency or Administration Commission approving the
Page 13 of 14
ordinance, and if the final order is challenged, until the challenge to the order is resolved
pursuant to F.S. Chapter 120.
Section 11. Inclusion in the Monroe County Code.
The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances
of the County of Monroe, Florida, as an addition to amendment thereto, and shall be
appropriately renumbered to conform to the uniform marking system of the Code.
Section 12. Effective Date.
This ordinance shall become effective as provided by law and stated above.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
at a regular meeting held on the day of , 2013.
Mayor George Neugent
Mayor Pro Tem Heather Carruthers
Commissioner Danny Kolhage
Commissioner Sylvia Murphy
Commissioner David Rice
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Attest: Amy Heavilin, Clerk
10
Deputy Clerk
Mayor George Neugent
Page 14 of 14
2MON COUNTY ATTORNEY
A VED At TO F M
Date: — 3
MONROE COUNTY, FLORIDA
PLANNING COMMISSION RESOLUTION NO. P12-13
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION RECOMMENDING APPROVAL OF THE
REQUEST BY THE PLANNING & ENVIRONMENTAL
RESOURCES DEPARTMENT FOR AN ORDINANCE BY THE
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
REVISING PROVISIONS OF THE MONROE COUNTY CODE
CONCERNING THE NON-RESIDENTIAL RATE OF
GROWTH ORDINANCE (NROGO); AMENDING THE
FOLLOWING MONROE COUNTY CODE SECTIONS:
SECTION 138-47, NONRESIDENTIAL RATE OF GROWTH
ORDINANCE; SECTION 138-48, GENERAL PROVISIONS;
SECTION 138-49, TYPE OF DEVELOPMENT AFFECTED;
SPECIAL REQUIREMENTS; SECTION 138-50, TYPE OF
DEVELOPMENT NOT AFFECTED; SECTION 138-51, NROGO
ALLOCATIONS; ESTABLISHING NEW DEFINITIONS;
REVISING THE TYPES OF DEVELOPMENT AFFECTED
AND NOT AFFECTED; REVISING THE REGULATIONS TO
INCREASE THE NUMBER OF NROGO ALLOCATION
PERIODS IN A NROGO YEAR FROM TWO ALLOCATION
PERIODS TO FOUR ALLOCATION PERIODS; INCREASING
THE MAXIMUM AMOUNT OF SQUARE FOOTAGE FOR AN
ALLOCATION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
PROVIDING FOR TRANSMITTAL TO THE STATE LAND
PLANNING AGENCY AND THE SECRETARY OF STATE;
PROVIDING FOR CODIFICATION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, during regularly scheduled public hearings held on January 30, 2013,
February 27, 2013 and March 27, 2013, the Monroe County Planning Commission conducted a
review and consideration of a request filed by the Planning & Environmental Resources
Department for a text amendment to amend §138-47, §138-48, §138-49, §138-50, and §138-51
of the Monroe County Code; and
WHEREAS, since the implementation of the Nonresidential Rate of Growth Ordinance
(NROGO) permit allocation system, applications for square footage have not exceeded the
amount available. However, for applicants, the process is often long and cumbersome as
Resolution #P12-13
File #2012-013-a Page 1 of 15
allocations are awarded only every six months capped at 2,500 square feet. Applicants often wait
several months, and in some cases years, to acquire the total amount of square footage their
development requires. Keeping in mind that the NROGO is the final stage of the development
process (conditional use permits -if necessary and building permits must be approved prior to
application submittal and concurrency is measured at approval not issuance), it is not
advantageous to have applicants wait for square footage due to application caps when the system
is not competitive and square footage is available, but not accessible to the applicant.
WHEREAS, historically, the County has utilized only a small percentage of the total
amount of square footage made available to the County in a given year. In the past 11 years, for
the Upper/Lower Keys areas (excluding Big Pine/No Name Keys), 389,991 square feet (and
growing) has not been utilized for development, despite the fact that there have been applications
in the system that needed some of that square footage however were capped at obtaining only
5,000 square feet annually. In addition, 4,339 square feet of the square footage has not been
awarded to Big Pine/No Name areas since the inception of the Big Pine CommuniKeys Plan and
a separate allocation process in 2006. Like the remaining part of the County, at times, there have
been in applications in the system that needed some of that square footage but were capped; and
WHEREAS, the purpose of the ordinance is to make the NROGO permit allocation
system less cumbersome and more efficient. All revisions are consistent with the policies of the
comprehensive plan; and
WHEREAS, during regularly scheduled meetings held on June 26, 2012 and August 28,
2012, the Monroe County Development Review Committee reviewed the ordinance and
recommended approval to the Board of County Commissioners; and
WHEREAS, the Planning Commission was presented with the following documents and
other information relevant to the request, which by reference is hereby incorporated as part of the
record of said hearing:
1. Staff report prepared by Joseph Haberman, AICP, Planning & Development Review
Manager, dated January 18, 2013; and
2. Staff report prepared by Joseph Haberman, AICP, Planning & Development Review
Manager, dated February 25, 2013; and
3. Staff report prepared by Joseph Haberman, AICP, Planning & Development Review
Manager, dated March 15, 2013; and
4. Draft Ordinance; and
5. Sworn testimony of Monroe County Planning & Environmental Resources
Department staff; and
6. Shown testimony of the general public; and
7. Advice and counsel of Susan Grimsley and Steve Williams, Assistant County
Attorneys, and John Wolfe, Planning Commission Counsel; and
WHEREAS, based upon the information and documentation submitted, the Planning
Commission makes the following Findings of Fact:
Resolution #P12-13
File #2012-013-a Page 2 of 15
1. Text amendments to the Monroe County Code shall not be inconsistent with the
provisions and intent of the Monroe County Comprehensive Plan; and
2. §102-158(d)(5)(b) of the Monroe County Code provides the provisions that must be
met for a text amendment:
a. Changed projections (e.g., regarding public service needs) from those on which
the text or boundary was based; and/or
b. Changed assumptions (e.g., regarding demographic trends); and/or
c. Data errors, including errors in mapping, vegetative types and natural features
described in volume I of the plan; and/or
d. New issues; and/or
e. Recognition of a need for additional detail or comprehensiveness; and/or
f. Data updates; and/or
g. For FLUM changes, the principles for guiding development as defined in the
Florida Statutes relating to changes to the comprehensive plan; and
3. Text amendments to the Monroe County Code shall not be inconsistent with the
Principles for Guiding Development in the Florida Keys Area of Critical State
Concern; and
WHEREAS, based upon the information and documentation submitted, the Planning
Commission makes the following Conclusions of Law:
1. The proposed text amendment is consistent with the provisions and intent of the
Monroe County Comprehensive Plan; and
2. The proposed text amendment is consistent with the provisions and intent of the
Monroe County Code. The proposed text amendment meets the standards for text
amendments as set forth in §102-158(d)(5)(b) of the Monroe County Code,
specifically, due to recognition of a need for additional detail or comprehensiveness.
3. The proposed text amendment is consistent with the Principles for Guiding
Development in the Florida Keys Area of Critical State Concern; and
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION
OF MONROE COUNTY, FLORIDA, that the preceding Findings of Fact and Conclusions of
Law support its decision to recommend approval to the Board of County Commissioners of the
following text amendment:
Section 1. The Monroe County Code shall be amended as set forth in Exhibit A (deletions are
str-isken thr-ou and additions are underlined).
PASSED AND ADOPTED BY THE PLANNING COMMISSION of Monroe County,
Florida, at a meeting held on the 27`" of March, 2013.
Resolution #P12-13
File #2012-013-a Page 3 of 15
Chair Wiatt
YES
Commissioner Hale
YES
Commissioner Lustberg
YES
Commissioner Miller
YES
Commissioner Werling
YES
PLANNING COMMISSION OF MONROE COUNTY, FLORIDA
i:rd
William Wiatt, Chair
Signed this
day of , 2013.
Resolution #P12-13
File #2012-013-a Page 4 of 15
Exhibit A
Section 1. Section 138-47 of the Monroe County Code shall be amended as follows (deletions
are strieken dffeugh and additions are underlined):
Sec. 138-47. Nonresidential rate of growth ordinance (NROGO).
(a) Definitions. The following words, terms and phrases, when used in this article, shall have
the meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Allocation date means the specific date and time by which applications for the NROGO
allocation will be accepted and processed.
Annual allocation period means the 12-month period beginning on July 14, 2001, and
subsequent one-year periods that is used to determine the amount of nonresidential floor
area to be allocated based on the number of ROGO allocations to be issued in the
upcoming ROGO year.
Annual nonresidential ROGO allocation also referred to as an annual NROGO
allocation, means the maximum floor area for which building permits may be issued
during an annual allocation period.
Buildable lot or parcel, for the purposes of this ehapteF article, means a lot or parcel
which must contain a minimum of 2,000 square feet of uplands, including any disturbed
wetlands that can be filled.
Canopy, also referred to as a sunshade in reference to a structure, means an unenclosed,
covered area A canopy may be a free-standing structure or may project from the wall of
a building.
Community master plan means a plan adopted by the board of county commissioners as
part of the Monroe County Livable CommuniKeys Program.
Controlling date means the same as defined in section 138-19(a), except it shall apply to
NROGO applications under this article.
Historic resources means a building, structure, site, or object listed or eligible for listing
individually or as a contributing resource in a district in the National Register of Historic
Places, the state inventory of historic resources or the county register of designated
historic properties.
Resolution #P12-13
File #2012-013-a Page 5 of 15
Lawfully established ROGO/NROGO exemption means a residential dwelling unit or
nonresidential floor area that has received a permit or other official approval from the
division of growth management for the units unit and/or nonresidential floor area.
Nonresidential floor area means the sum of the gr-ess totalfloor area for a nonresidential
building or structure, as defined in section 101-1,
and ^-a and _seating, , ,
zsxxczxci9$C�— Walk -ways, +...,.: ays par -king, n leading areas o o
Jm�vrirJ`T�-vrr�TJro�rc'7 , `�, �roua'aii�
Additionally, beat bafns, covered and unenclosed
boat racks with three or fewer sides not associated with retail sales of boats whieh de not
emeeeo--per-een— of the net buildable area ,,. ,.,,, .,,., Y....,.,. are not considered
nonresidential floor area. Further, the The term "nonresidential floor area" does not
include space occupied by tfansient residential and institational residential pr-ineipal uses,
including spaces occupied by a transient residential unit and an institutional -residential
use as defined in section 101-1.
Nonresidential ROGO allocation, also referred to as NROGO allocation, means the
maximum amount of nonresidential floor area for which building permits may be issued
in a given time period.
Nonresidential ROGO allocation award, also referred to as NROGO allocation award,
means the approval of a nonresidential ROGO application prior to the application and
subsequent issuance of a building permit to authorize construction of new nonresidential
floor area.
Quarterly nonresidential ROGO allocation period means any one of the four periods
within an annual allocation period.
Quarterly nonresidential ROGO allocation means the maximum number of amount of
nonresidential floor area square footage for which building_ permits may be issued in a
quarterly allocation period.
Site means the parcels of land required to be aggregated to be developed or from which
existing nonresidential floor area is to be transferred or received.
Storage area means the outside storage of vehicles, recreational vehicles, boats, campers,
equipment, goods and materials for more than 24 hours. The term "storage area" includes
a contractor's equipment storage, but does not include outdoor retail sales, which is
defined in section 101-1. This is considered a light industrial use and does not include
waste transfer stations, junkyards, yf&& or other heavy industrial uses.
Resolution #P 12-13
File #2012-013-a Page 6 of 15
(b) Purpose and intent. The purposes and intent of the nonresidential rate of growth
ordinance (NROGO) are:
(1) To facilitate implementation of goals, objectives and policies set forth in the
comprehensive plan relating to maintaining a balance between residential and
nonresidential growth.
(2) To maintain a ratio of approximately 239 square feet of nonresidential floor area for
each new residential dwelling unit 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 nonresidential development in the
Florida Keys.
(4) To regulate the rate and location of nonresidential development in order to eliminate
potential land use conflicts.
(5) To allocate the nonresidential floor area annually hereunder, based on the goals,
objectives and policies of the comprehensive plan and the eenmRmity mastef plans.
Section 2. Section 138-48 of the Monroe County Code shall be amended as follows (deletions
are strieken thfeug*� and additions are underlined):
Sec. 138-48. General provisions.
(a) Nonresidential ROGO allocation award required. No building permit shall be issued after
September 19, 2001 that results in additional nonresidential floor area
on a site unless that nonresidential development has received a nonfesidential NROGO
allocation award or is determined to be exempt as provided in section 138-50.
(b) Applicable geographic area. The NROGO allocation system shall apply within the
unincorporated area of the county, excluding areas within the county mainland and within
Ocean Reef planned development.
Section 3. Section 138-49 of the Monroe County Code shall be amended as follows (deletions
are strieken OL-eu& and additions are underlined):
Sec. 138-49. Type of development affected; special requirements.
(a) The NROGO shall apply to the development of all new and expanded nonresidential
floor area, except as exempted by section 138-50, for which a building permit or other
final development approval is required.
(b) Unincorporated areas other than Big Pine Key and No Name Key. Notwithstanding the
provisions of development, as defined in section 101-1, the following new uses shall only
Resolution #P12-13
File #2012-013-a Page 7 of 15
be eligible for a NROGO allocation under this article on sites located within a designated
or-ei ,1 eefAer- .yeFl „y area approved for such use, identified within a community
master plan and/or an overlay district established within chapter 130:
(1) Commercial retail very high -intensity uses that generate more than 150 vehicle trips
per 1,000 square feet of floor area.
sales asseraiated with a lawfully established stmetum existing on the effeetive dat
the er-dinanee from whieh this artiele is (3) Outdoor- retail sales areas en a vaeant let, and any new or- expanded eutdeer- retail
ef less than 500 square feet of flee
area, net leeated within a light industrial >industfial>
(c) Big Pine Key and No Name Key. Notwithstanding the provisions of subsee liens
*4,,,,g (b'(^' of this seetie development, as defined in section 101-1, in accordance
with the community master plan for Big Pine Key and No Name Key, the following new
uses or edge changes in use are prohibited on Big Pine Key/ and No Name Key:
(1) Commercial retail high -intensity uses that generate more than 150 vehicle trips per
1,000 square feet of floor area.
(2) Outdoor- storage, as a pr-ineipal use-.
S Y.
Ld)(g)-Nonpublic institutional uses on Big Pine Key and No Name Key are subject to the
provisions of NROGO pursuant to the following special conditions and standards:
(1) A nonpublic institutional floor area and use existing on the effective date of the
issuance of the incidental take permit for the Florida Key Deer and other covered
species may be expanded by 2,500 square feet of floor area per NROGO year,
provided that the land was owned by the institutional organization at the time of the
issuance of the incidental take permit. These allocations are to be made on a "first
come, first served" basis.
(2) New nonpublic institutional uses on Big Pine Key and No Name Key are subject to
the provisions of NROGO.
Resolution #P12-13
File #2012-013-a Page 8 of 15
All new or expanded nonresidential development on Big Pine Key and No Name Key
is subject to the provisions of the incidental take permit and the habitat conservation plan
for the Florida Key Deer and other covered species, which may affect NROGO
allocations under this article. All new and expanded nonresidential development shall be
limited to scarified or disturbed lands, and clearing of any pinelands and/or hammock is
prohibited.
Section 4. Section 138-50 of the Monroe County Code shall be amended as follows (deletions
are stye-43 and additions are underlined):
Sec. 138-50. Type of development not affected.
The NROGO shall not apply to the development described below:
(1) Development with no net increase in nonresidential floor area. The redevelopment,
rehabilitation or replacement of any lawfully established nonresidential floor area which
does not increase the amount of nonresidential floor area greater than that which existed
on the site prior to the redevelopment, rehabilitation or replacement.
The planning director shall review available documents to determine if a body of
evidence exists to support the existence of nonresidential floor area on or about
September 19, 2001, the effective date of the original NROGO. Such evidence shall be
documented and submitted to the planning director on a form provided by the planning
department. The application shall include, at a minimum, at least two of the following
documents:
a. Any issued Monroe County building permit(s) supporting the existence of the
structure(s) and its use(s) on or about September 19, 2001;
b. Documentation from the Monroe County Property Appraiser's Office indicating
residential use on or about September 19, 2001;
c. Aerial photographs and original dated photographs showing the structure(s) existed
on or about September 19, 2001;
d. Nonresidential County Directory entries on or about September 19, 2001;
e. Rental, occupancy or lease records, on or about September 19, 2001, indicating the
number, type and term of the rental or occupancy;
f. State and/or county licenses, on or about September 19, 2001, indicating the
nonresidential use;
g. Documentation from the utility providers indicating the type of service (commercial
or residential) provided and the number of meters in existence on or about September
19, 2001; and
h. Similar supporting documentation not listed above as determined suitable by the
planning director.
Nonresidential floor area established after the effective date of the original NROGO
should be documented through the NROGO permit allocation system. Such
nonresidential floor area that received such an NROGO allocation(s) that was constructed
may be lawfully established through verification of the certificate of
Resolution #P 12-13
File #2012-013-a Page 9 of 15
completeness/occupancy alone. Provision of affidavits to support the existence of
nonresidential floor area is allowed, but affidavits cannot be the sole record upon which a
decision is based. Other than files in which the growth management division is custodian,
provision of documents is the responsibility of the applicant. Nonresidential floor area
determined to be exempt from the NROGO per this subsection that has not been
previously acknowledged by the planning director may also be a nonconformity, pursuant
to chapter 102, article III nonconformities. Such occasions shall require a separate
determination by the planning director as to the lawfulness of the nonconformity.
(2) Areas exempted from residential ROGO. Any area of the unincorporated county
exempted from residential ROGO as provided for in section 138-22.
(3) Public/governmental uses. Public/governmental uses, including
and -public buildings, be&as defined in section 101-1.
(4) Development activity for certain not -for -profit organizations. Except for the nonpublic
institutional uses on Big Pine Key and No Name Key pursuant to section 138-49,
nonresidential development activity within tier III designated areas by federally tax
exempt not -for -profit educational, scientific, health, religious, social, cultural and
recreational organizations which predominately serve the county's non -transient
population, if approved by the board of county commissioners after review and
recommendation by the planning director and planning commission. This exemption is
subject to the condition that a restrictive covenant be placed on the property prior to the
issuance of a building permit. The restrictive covenant shall run in favor of the county for
a period of at least 20 years. Any change in the use or ownership of the property subject
to this restrictive covenant shall require prior approval by the planning commission,
unless the total floor area exempted by the planning commission is obtained through an
off -site transfer of floor area and/or nonresidential floor area allocation. If the total
amount of floor area that is transferred and/or allocated meets or exceeds the total amount
of floor area exempted, the restrictive covenant shall be vacated by the county. This
exemption is not applicable to nonresidential development proposed within any tier I or
tier III -A (special protection area) designated areas.
(5) Vested rights. Landowners with a valid, unexpired development of regional impact
approval granted by the county prior to January 4, 1996, (effective date of the
comprehensive plan) or an approved vesting determination by the county from the
nonresidential allocation requirements of this section and the comprehensive plan.
(6) De minimis expansion of nonresidential floor area. The cumulative expansion—,afL-F
januar-y n 1996 of any existing idential floor- area by inn square feet or- loss of up
to 1,000 square feet of new nonresidential floor area for development on a property shall
not require a NROGO application and NROGO allocation prior to issuance of a building
permit. De minimis expansion is not required to be utilized in whole or limited to a single
building` permit application; however cumulatively, an individual property shall not
receive any more than 1,000 square feet of new nonresidential floor via de minimis
expansion. Nonresidential floor area permitted via de minimis expansion shall be
Resolution #P12-13
File #2012-013-a Page 10 of 15
deducted from the NROGO bank and in the event that there is no square footage within
the NROGO bank de minimis building permit applications shall not be issued until the
NROGO bank is replenished and can accommodate the nonresidential exnansion.
(7)Industrial uses. Industrial uses in the maritime industFal industries (MI) and the
industrial (I) land use districts, provided that the floor area is restricted to manufacturing,
assembly, wholesaling, and distribution uses. All other forms of industrial uses and other
nonresidential uses which may be permitted in the land use district are subject to the
requirements of this article and will require an NROGO allocation.
(8) Agriculture/aquacultural uses. Lawfully— established agriei ltu l Agricultural and
aquacultural uses in the agricultural and aquaculture use overlay (A).
(10) Transfer off -site of existing nonresidential floor area. The demolition/removal and
transfer off -site of nonresidential floor area from a sender site and the development of the
transferred nonresidential floor area on a receiver site in accordance with the following
procedures and criteria:
a. Eligibility of sender floor area. Only neiffesideFAW fleer- area within an ene!
+- ti defined 1 n 1 1 t 1 ,1 er-e o s designated natea f r
, crorr-rvrr-rroc-nzcraam�uir,•,, �; b.
food a beverage seFviees and seating, shall be eligible for- .' ' as f r Nonresidential
floor area shall be lawfully established floor area pursuant to subsection (1) or have
received an NROGO allocation or transfer of floor area after September 19, 2001.
b. Criteria . ! ""''o" to r-e evelep
off site, a r-eeeiver- site shall be evaluated for- site eendifiens and shall meet a4l of the
fellowing tia:
1. Is The receiver site shall be leeated-within a tier III designated area and, if on Big
Pine Key, it shall also be is located within the designated community center
overlay area;
2. Is The receiver site shall be located within the same ROGO subarea, as set forth in
section 138-20, as the sender site, o ept that for- a o o e site on Big Pine Key;
the send QGTTiITi JITCCir'447e .v v..w.. v..Big Pine ..rN.. Name --eJ,
3. Is The use that would utilize the transferred nonresidential floor area on the
receiver site shall not be a hi -intensity commercial very high intensit retail use
which will generate more than 150 daily vehicle trips per 1,000 square feet of
floor area, unless the receiver site is within an overlay district or area, established
in a communitv master plan or within chapter 130, specifically allowing such a
high -intensity commercial retail use;
4. Ism The receiver site shall not be located within a V special flood hazard zone;
Resolution #P12-13
File #2012-013-a Page 11 of 15
designated area ef any peftieft ef an upland native habitat pateh ef one aer-e ef:
�a4er- i6. if on Big Pine a;
Key, is net e titiestiie� e.. eaethan the site
tag�er-y e en7
5. is ne The receiver site shall not be located in a coastal barrier resources
system; and
6. is no The receiver site shall not be located in an offshore island/conservation
land protection area.
c. Limitations on the amount of nonresidential floor area which may be transferred to
any one site. The amount of nonresidential floor area which may be transferred to any
one site shall be as follows:
1. No more than a maximum cumulative total of +AAA 50,000 square feet of
nonresidential floor area may be transferred to any one site.
2. A meeivin structure with existing utilizing the transferred nonresidential floor
area shall not be expanded using #aasfeffed fleer- area if the expansion r-esults in -a
greater than 10,000 square feet ,
except for a) a structure within the Urban Commercial (UC)
land use district, where a stmetff may be expanded consist of up to a maximum
total of 50,000 square feet of nonresidential floor area and b) a structure within
an overlay district or area established in a community master plan or within
chapter 130 may consist of up to a maximum total of nonresidential floor area set
forth in the supersedin og verlay district or area.
3 The amount f nonFesidential fleer- area that .r. ansf t be e .-ffe.l t� r from site
u uaaoa e
shall net be less than 200 square feet and shall be in iner-emeffts of 100 , ,
7 7 feet.) square
d. Procedures . The following procedures shall
be followed for permitting transfer of nonresidential floor area off -site:
1. ,
A minor
conditional use permit shall be required to identify, determine the eligibility of
and document the approval of the sender and receiver site pursuant to the process
set forth in section 110-69. If a single receiver site is proposed to receive the
transferred nonresidential floor area from multiple sender sites, only a single
minor conditional use permit application shall be required. All sender and
receiver sites associated with a proposed transfer shall be identified at the time of
application.
2. The sender- neiffesidential fleer- area shall be assigned a uiliqiae identifier- ntffllber
_or- eAC 00 square feet Ye e t that shall be used for- t l4ev1.^
monitoring by the planning depaFtment. The imique idenfifier- er- shall be
itemized in the miner- eendifieae4 use pefmit develepment orders d building
permits required fer- both the sender- and r-eeeiver- sites. All fleer- area to
The minor conditional
use permit application required in the previous subsection shall be submitted in a
form provided by the planning & environmental resources department. A
development order shall memorialize approval of the minor conditional use
Resolution #P 12-13
File #2012-013-a Page 12 of 15
permit After successfully passing all applicable appeal periods, the development
order shall be recorded in the official records of the Monroe County Clerk of the
Circuit Court. Such recording shall be carried out so that the document is
associated with all applicable sender and receiver sites.
3. No building permit shall be issued for the nonresidential floor area on the receiver
site until the sending site structure is demolished as per an issued demolition
permit and a final inspection for the demolished floor space has been completed
by the building department.
Section 5. Section 138-51 of the Monroe County Code shall be amended as follows (deletions
are st6eken flimt* and additions are underlined):
Sec. 138-51. NROGO allocations.
(a) Maximum amount of available floor area for the annual nonresidential ROGO
allocations. The maximum amounA of floor- afea m,ailable fer- alleeatien under- NROGO
remainder -the nearest 100 square feet. The maxiffmm amount ef available i4eer- area for- amual
a4leeatiens sha4l be eemputed separately fer- Big Pine Key and No Name Key and fer- th
f the unineei-pper-ated eeupAy. Th total may be adjusted
juusaw
7
period, fer- the first
ROGO, the maximum ameunt ef fleer- area that may be made availab!
for- alleeatien is to be based upen the ai,�er- ef peFmits issued under-
staFting
with the third quafter-, ROGO y 1 (stafting April 14, 1993) thfeiagh ROGO
(ending haly 7 f ROGO in ROGO ear-
7
issued after- the
maximum annual alleeatien not made ewailable fer- alleeatien in an annual alleeatien-
eaffied to the x4 annual alleeation period. The annual amount of floor area
available for allocation under NROGO shall be 47,083 square feet, of which 44,693
square feet is available only to applications in the Lower and Upper Keys ROGO
subareas and 2,390 square feet is available only to applications in the Big Pine Key and
No Name Key ROGO subarea. Of the 44,693 square feet annually made available for the
Lower and Upper Keys subareas beginning NROGO Year 22 (July 13, 2013), this floor
area shall be distributed to each of subareas based on the number of residential dwelling
unit permits made available for each of the subareas.
Commencine NROGO Year 22 (July 13, 2013), the annual amount of floor area available
for allocation under NROGO shall be 47,083 square feet, of which 22,944 square feet is
available only to applications in the Upper Keys ROGO subarea; 21,749 square feet is
available only to applications in the Lower Keys ROGO subarea; and 2,390 square feet is
available only to applications in the Big Pine Key and No Name Key ROGO subarea.
Resolution #P 12-13
File #2012-013-a Page 13 of 15
(b) Maximum allocation of nonresidential floor area by site per each allocation quarter. The
amount of nonresidential floor area to be allocated shall be limited to a maximum share
of 2,500-10,000 square feet for any one site per each allocation quarter, er
1 a widiiadesignated Fo aity ente er4 area. site leeated within
(c) Maximum floor area per structure. An existin A structure shall not receive an allocation
that expands the structure to more than 10,000 square feet of nonresidential floor area,
excluding: a) a structure in the e
eeffHner-eial Urban Commercial (UC) land use district may receive an allocation that
expands the structure be expande to not more than 50,000 square feet and b) a structure
within an overlay district established in a community master plan or within chapter 130
specifically allowing such a structure of over 10,000 square feet.
!
Y.
(4) (d) Allocation dates. To be considered for an allocation award, all NROGO applications
must be submitted to the planning department and deemed complete by the planning
director, or his or her designee, by no later than 4:00 p.m. on the specified allocation rate
auarer closure, which shall be the same dates as those for the residential ROGO. The
date
if
the last day
-zvrthe cixrrcrr
ccccro
,
neeessafy,
.,....._ .,..
Resolution #P 12-13
File #2012-013-a Page 14 of 15
Y.
_
Y.
• . -
Y_
. .
{lr}() Annual nonresidential ROGO allocation.
faake available for alleeation all or- part of the muel a4leeat This annual
allocation may shall be distributed between the twe four allocation des quarters, which
shall be the same dates as those for the residential ROGO.
..
Fmz
Resolution #P12-13
File #2012-013-a Page 15 of 15
MONROE COUNTY, FLORIDA
DEVELOPMENT REVIEW COS TTEE
RESOLUTION NO. DRC 19-12
A RESOLUTION BY THE DIRECTOR OF PLANNING AND
ENVIRONMENTAL RESOURCES AND CHAIR OF THE
DEVELOPMENT REVIEW COMMITTEE RECOMMENDING
APPROVAL OF THE REQUEST BY THE PLANNING &
ENVIRONMENTAL RESOURCES DEPARTMENT FOR AN
ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING MONROE
COUNTY CODE SECTION 138-47, NONRESIDENTIAL RATE
OF GROWTH ORDINANCE; SECTION 138-48, GENERAL
PROVISIONS; SECTION 138-49, TYPE OF DEVELOPMENT
AFFECTED; SPECIAL REQUIREMENTS; SECTION 138-50,
TYPE OF DEVELOPMENT NOT AFFECTED; SECTION 138-
51, NROGO ALLOCATIONS; SECTION 138-52,
APPLICATION PROCEDURES FOR NROGO; SECTION 138-
53, EVALUATION PROCEDURES FOR NONRESIDENTIAL
FLOOR AREA ALLOCATION; TO ESTABLISH NEW
DEFINITIONS; TO REVISE THE TYPES OF DEVELOPMENT
AFFECTED AND NOT AFFECTED; TO REVISE THE
REGULATIONS TO INCREASE THE NUMBER OF NROGO
ALLOCATION PERIODS IN A GIVEN YEAR FROM TWO
ALLOCATION PERIODS TO FOUR ALLOCATION PERIODS;
TO INCREASE THE MAXIMUM AMOUNT OF AN
ALLOCATION; TO ESTABLISH A CODIFIED MECHANISM
TO ALLOCATE NONRESIDENTIAL FLOOR AREA THAT
WENT UNALLOCATED IN PREVIOUS YEARS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF
CONFLICTING PROVISIONS; PROVIDING FOR
TRANSMITTAL TO THE STATE LAND PLANNING AGENCY
AND THE SECRETARY OF STATE; PROVIDING FOR
CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, during a regularly schedued meeting held on August 28, 2012, the
Development Review Committee {DRC} of Monroe County conducted a review and
consideration of a request filed by the Planning & Environmental Resources Department for an
Resoxtion # DRC 19-12
He #2012-013 Page I oft
amendment to the text of §i38-47, §138-48, §138-49, §138-50, §138-51, §138-52 and §138-53
of the Monroe County Code; and
WHEREAS, the amendments, which all pertain to the NROGO permit allocation system,
are necessary to establish new definitions, revise the types of development affected and not
affected, revise the regulations to increase the number of NROGO allocation periods in a given
year from two allocation periods to four allocation periods, increase the maximum amount of an
allocation, and establish a codified mechanism to allocate nonresidential floor area that went
unallocated in previous years; and
WHEREAS, based upon the information and documentation submitted, the
Development Review Committee Chair and Senior Director of Planning & Environmental
Resources found:
1. The proposed text amendments are consistent with the provisions and intent of the
Monroe County Comprehensive Plan; and
2. The proposed text amendments are consistent with the provisions and intent of the
Monroe County Code; and
3. The proposed text amendments are consistent with the Principles for Guiding
Development in the Florida Keys Area of Critical State Concern; and
NOW TITEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW
CON 1NUTTEE OF MONROE COUNTY, FLORIDA that the information provided in the
staff report and discussed at the August 28, 2012 meeting supports the Chair's decision to
recommend approval to the Planning Commission and Board of County Commissioners with
revisions as discussed at the meeting.
Date
Townsle v4ab; Development Review Committee Chair and
Senior M&ctor of Planning and Environmental Resources
HEREBY CERTIFY that on this day before me, an officer duly authorized in the State aforesaid
and in the County aforesaid, to take acknowledgments, personally appeared Townsley Schwab, to
me known to be the person described in and who executed the foregoing instrument and she
acknowledged before me the she executed the same.
WISS my Nand and official seal in the County and State last aforesaid this day of
2013.
NOTARY PUBLIC, STATE OF FLORIDA
I amANDREA GAIL CREECH
Resolution # DRC 19-12 Notary Pubilc - State of FlorMa
File #2012-013 My Comm. Expiroa Dec 18. 2014 Page 2 of 2
Commission # EE 40961
?�,,`•�•d° Bonded Thmah Nslionai Wary Ann.