Item L01
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 18. 2002
Division: Growth Management
Bulk Item: X No
Department: Planning and Environmental Resources
AGENDA ITEM WORDING: Approval of a resolution limiting the Year 11 NROGO allocation of
Non-residential floor area to 16,000 square feet for applicants requesting 2.500 square feet or less. The
first allocation of 8.000 square feet shall be made available on February 1. 2003.
ITEM BACKGROUND: Sec. 9.5-124.4 ofthe Non-residential rate of growth ordinance (NROGO)
provides that the Board adopt, by resolution the total amount of non-residential floor area which may
be available for the first allocation. The allocation for Year 10. of 18.222 square feet of non-residential
floor area was made on November 19, 2002.
PREVIOUS REVELANT BOCC ACTION:
Adopted NROGO, Ordinance No. 032-2001 on September 19.2001 The resolution approving the
allocation for Year 10 was adopted on August 16, 2001. 1
CONTRACT/AGREEMENT CHANGES: NI A
STAFF RECOMMENDATIONS: Approval
TOTAL COST:
N/A
BUDGETED: Yes N/A No
COST TO COUNTY: N/A
REVENUE PRODUCING: Yes NI A No
AMOUNT PER MONTH N/A
Year
APPROVED BY: County Atty ~ OMB/Purchasing _ Risk Management_
DIVISION DIRECTOR APPROVAL: ",I( . n <Xl. oa. .
~rry.AICP
DOCUMENT A TION:
Included X
To Follow
Not Required_
DISPOSITION:
AGENDA ITEM # L/
Revised 2/27/01 "~\~~
,.
RESOLUTION NO.
A RESOLUTION BY THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
THAT THE ALLOCATION OF NON-
RESIDENTIAL FLOOR AREA FOR YEAR 11
BE LIMITED TO APPLICATIONS OF 2,500
SQUARE FEET OR LESS AND THAT SIXTEEN
THOUSAND SQUARE FEET BE MADE
A V AILABLE IN TWO ALLOCATIONS, THE
FIRST ALLOCATION OF EIGHT THOUSAND
SQUARE FEET ON FEBRUARY 1,2003 AND
THE REMAINDER TO BE HELD IN RESERVE
FOR THE SECOND ALLOCATION PERIOD OF
JULY 1,2003.
WHEREAS, Policy 101.3 of the Monroe County Year 2010 Comprehensive Plan
(2010 Plan) requires Monroe County to regulate non-residential development to maintain
a balance of land uses; and
WHEREAS, Section 9.5-124 Non-residential rate of growth ordinance
(NROGO), provides for an allocation point system for non-residential floor area, which
maintains the ratio of 239 square feet of non-residential floor area for each residential
unit developed as required in the 2010 Plan.
WHEREAS, the first annual allocation for Year 10 of 18.222 square feet of non-
residential floor area was awarded on November 19,2002; and
WHEREAS, the remaining amount of non-residential floor area available
through July 2003 for allocation in NROGO Year 11 is 88.358 square feet; and
WHEREAS, a settlement agreement awarded 42,858 square feet of non-
residential floor area over the next two years; and
WHEREAS, Sec.9.5-124.4 (g) provides for a recommendation by the Planning
Commission and the Planning Director, to the Board of County Commissioners, of the
total amount of non-residential floor area which shall be made available for the annual
allocation and the distribution of this allocation between small (2,500 square feet or less)
and large size allocations; and
WHEREAS, the Monroe County Planning Commission, reviewed the Planning
Directors recommendation for the allocation amount for Year 11 at a regular Planning
Commission meeting on November 19, 2002 and recommends to the Board of County
Commissioners that the annual allocation of non-residential floor area be limited to
applications of 2,500 square feet or less and that a maximum of sixteen thousand square
feet (16,000) of non-residential floor area be made available for allocation in year 11; and
WHEREAS, the Planning Director and the Planning Commission recommend
that amount of square footage recommended be made available in two allocations, the
first allocation of eight thousand (8,000) square feet on February 1, 2003 and the
remainder to be held in reserve for the second allocation period of July L 2003; NOW
THEREFORE;
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that the annual allocation of non-residential floor
area be limited to applications of 2,500 square feet or less and that sixteen thousand
(16,000) square feet be made available in two allocations, the first allocation of eight
thousand 8,000 square feet on February 1, 2003 and the remainder to be held in reserve
for the second allocation period of July 1, 2003.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
at a regular meeting held on the 18 day of December, A.D., 2002.
Mayor Dixie Spehar
Mayor Pro Tem Murray E. Nelson
Commissioner Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner David Rice
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor Spehar
(SEAL)
A TTEST: DANNY KOHLAGE, CLERK
DEPUTY CLERK
, ~ROyED AS TO FORM "
ANt> LEGAL SUFFJCIENCY i
;G l/ /~/
BY~/~ .
Attorneys Oific~
Monroe County Department of Planning and Environmental Resources
2798 Overseas Highway Marathon Florida 33050
305-289-2500 ~ conawav@mail.state.f1.us
November 20, 2002
TO:
Monroe County Board of County Commissioners
FROM:
K. Marlene Conaway, Director
Department of Planning and Environmental Resources
RE:
NROGO - Allocation 2003 Year 11
Back!!round
Section 9.5-124.4 NROGO Allocations in the ordinance sets up the procedures to be followed in
allocating the available non-residential floor area. The "maximum annual allocation" and the
distribution between the first and second allocation dates will be determined by the Board of
County Commissioners upon the recommendation of the Planning Director and the Planning
Commission. The ordinance does not require the second allocation (semi-annual) to be made.
This will provide flexibility in assuring the goals of the ordinance are being accomplished. Floor
area that is not made available in the current year may be carried forward into Year 12.
The Board of County Commissioners in September 2001 adopted NROGO. The DCA approval of
NROGO was challenged in March 2002. NROGO became effective on November 4, 2002 and
the Planning Commission on November 19,2002 approved the allocation awards for year 10.
Amount of Available Non-residential Floor Area
The following is an analysis of the amount of square footage that is avai lable for allocation in
Year 11 (July 2002 - July 2003).
44,292 square feet of Non-residential floor area available for year 10 (July 200] -2002)
-22,] 50 square feet approved for allocation in year] 0 - BOCC #3] 7-200]
] ],] 50 square feet for first allocation period - August 3], 2002
] ] ,000 square feet for second allocation period - November] 5, 2002
] 8,222 square feet allocated or permitted in year] O.
+3.928 square feet carry-over to year] ]
26,070 square feet unallocated square footage from year 10 brought forward to Year] ]
+32,026 square feet County share of20] affordable units (201-67=]34*239=32,026)
+37,762 square feet Year 1] ROGO (158*239=37,762)
-7,500 square feet Settlement for Conch Contrada Case # CAK-0]-]08 Year]]
88,358 square feet available for allocation in Year] ]
* 35:200 square feet Settlement for Conch Contrada Year J 2 (JuZv J 4,2003-July J 3, 2004)
Considerations
Several things need to be considered when determining the amount of non-residential floor area,
which should be allocated annually. Following is a summary of some of the issues that have a
bearing on this determination:
1. The number of potential applicants is unknown. For the NROGO allocation point system and
weighting criteria to be successful at directing development to the most appropriate location,
it is important to have competition for the available floor area.
2. The moratorium, due to the LOS on US # 1 on Big Pine Key, will also stop approvals of some
non-residential applications in the Lower Keys.
3. The Livable CommuniKeys Program Master Planning process has not identified areas for
allocations greater than 2500 square feet.
4. There appears to be a lack of political support for any significant additional non-residential
floor area in the near future.
5. Until the market study is complete, the extent of overall and planning area specific market
demand for new non-residential development is unknown.
6. 35,200 square feet of floor area must be reserved for the Settlement Agreement for Year 12.
Recommendations
The Planning Commission and the Director of Planning and Environmental Resources reviewed
the preceding considerations at a public meeting on November 19, 2002 and make the following
recommendations for the maximum annual NROGO allocation for Year 11:
1. The maximum amount of available non-residential floor area for the annual NROGO
allocation for Year 11 shall be 16,000 square feet.
2. The first allocation date for Year 11 shall be extended from January 1, 2003 till February 1,
2003 to give sufficient notice to applicants.
3. The first allocation shall be for 8,000 square feet and the remainder shall be held in reserve
for the second allocation date of July 1,2003. The Planning Director and the Planning
Commission shall report to the Board of County Commissioners the number of applicants for
the semi-annual allocation and recommend the amount of square footage that should be
allocated or if the allocation remaining for the year should be held for a later allocation
period.
4. One hundred percent of the available floor area for the first annual allocation shall be for
applications requesting 2,500 square feet or less.
cc. Timothy McGarry, Director Growth Management Division