Item H7EL W DI k: I I Al 9 N Of 0 G11 11
Meeting Date: October 17,
2012
Division:
Growth Management
F.P.ulk Item: Yes X
No —
Department:
Planning & Environmental Resourffl
AGENDA ITEM WORDING: Approval of a Resolution to allow 51,429 square feet of commercial
floor area to be made available for Year 21 Non -Residential Rate of Growth (NROGO) Annual
Allocation.
ITEM BACKGROUND: The "maximum annual allocation" and the distribution between the first and
second allocation dates are determined by the Board of County Commissioners, upon the
recommendation of the Planning Director and the Planning Commission. On September 26, 2012, the
Planning Commission adopted Resolution P38-12 recommending that 51,429 square feet of
commercial floor area be made available for Year 21 NROGO allocation. The Lower/Upper Keys area
shall be 44,700 square feet annual allocation in total for distribution of 33,525 for small allocations and
11,175 for large allocations; and the Big Pine/No Name Key area shall be 6,729 square feet (2,390
annual allocation + 4,339 accumulated) in total for small allocations.
PREVIOUS RELEVANT BOCC ACTION: Board of County Commissioners approved Ordinance
#032-2001 (Adoption of Non -Residential Rate of Growth) on September 19, 2001; and Ordinance
#011-2006 (Revised Non -Residential Rate of Growth — Tier Ordinance) on March 15, 2006.
CONTRACT/AGREEMEENT CHANGES: N/A.
gill
3-10 11" DV I DI 1 9
REVENUE PRODUCING: Yes N/A No AMOUNT PER MONTH N/A Year N/A
APPROVED BY: County Atty X OMB/Purchasing N/A Risk Management N/A
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
. .... .. ... .
MEMORANDUM
We strive to be caring, professional andfair
To: Board of County Commissioners
Through: Christine Hurley, Growth Management Director
From: Townsley Schwab, Sr Director of Planning & Environmental Resources
Date: October 2, 2012
.. . ........
Subject: Non -Residential Floor Area Evaluation Report Year 21 (July 13, 2012-July 12, 2013)
I Meeting Date: October 17, 2012
2
3 BACKGROUND
4
5 Monroe County Comprehensive Plan provides Goals, Objectives and Policies to manage
6 future growth and establish systems for regulating and distributing growth within the County.
7 Objective 101.3 establishes the non-residential permit allocation system (NROGO) and directs
8 the County to regulate non-residential development to maintain a balance of land uses to serve
9 the needs of the future population of Monroe County. Policy 101.3.1 further requires a
10 balance between residential and non-residential development by maintaining a ratio of
11 approximately 239 square feet of new non-residential development for each new residential
12 unit permitted through the Residential Permit Allocation System.
13
14 The Monroe County Code implements the Comprehensive Plan and provides specific
15 provisions for regulating non-residential development.
16
17 Section 138-47(b) provides the purpose and intent of the Non -Residential Rate of Growth
18 Ordinance (NROGO):
19
20 1. To facilitate implementation of goals, objectives and policies set forth in the
21 comprehensive plan relating to maintaining a balance between residential and non-
22 residential growth.
23 2. To maintain a ratio of approximately 239 square feet of nonresidential floor area for
24 each new residential permit issued through the residential rate of growth ordinance
25 (ROGO).
26 3. To promote the upgrading and expansion of existing small -size businesses and to retain
27 the predominantly small scale character of nonresidential development in the Florida
28 Keys.
Report NROGO Year 2 t BOCC SR Page 1 of 6
t 4. To regulate the rate and location of nonresidential development in order to eliminate
2 potential land use conflicts.
3 5. To allocate the non-residential floor area annually hereunder, based on the goals,
4 objectives and policies of the comprehensive plan and the Livable CommuniKeys
5 master plans.
6
7 As mentioned above, non-residential growth is tied to residential growth by maintaining a ratio
8 of approximately 239 square feet of new non-residential development for each new residential
9 unit. Monroe County Code Section 138-24(a) and Rule 28-20.140, F.A.C. states the available
10 annual allocation is 197 residential allocations. Big Pine Key/No Name Key subarea is allotted
11 10 allocations from this total and the remaining area outside of Big Pine Key/No Name Key
12 subarea is allotted 187 allocations.
13
14 Monroe County Code Section 138-47(a) provides the definition for NROGO. The "annual
15 nonresidential ROGO allocation" is the maximum floor area for which building permits may
16 be issued during an annual allocation period. The "annual allocation period" is the 12-month
17 period beginning on July 14, 2001, and subsequent one-year periods that is used to determine
18 the amount of nonresidential floor area to be allocated based on the number of ROGO
19 allocations to be issued in the upcoming ROGO year.
20
21 As described above, maximum annual allocation is determined by multiplying the number of
22 available residential allocations for the residential allocation period year by 239 square feet,
23 and then rounding the product to the nearest 100 square feet (for example: 197 X 239. The
24 Board of County Commissioners, upon the recommendations of the Planning Director and the
25 Planning Commission, determines the maximum amount of floor area and its distribution
26 between two allocation dates.
27
28 Section 138-51 of the Monroe County Code, establishes the procedure for allocating the non-
29 residential floor area distribution based upon the second and fourth ROGO quarter closure
30 dates. The ROGO closure dates for the second quarter is January 12'h and for the fourth
31 quarter is July 12. Therefore, the NROGO closure dates for the first period is January 12d' and
32 for the second period is July 12'h.
33
34 Additionally, Section 138-5 1 (b) limits a maximum of 2,500 square feet for any one site, except
35 for sites located within a designated community center overlay area. For sites located in a
36 community center overlay area, the maximum allocation shall only be limited by the maximum
37 floor area per structure in Section 138-51(c). Section 138-51(d) states, "A minimum of 75
38 percent of the available floor area to be allocated in any annual allocation period shall be for
39 applications requesting floor area of 2,500 square feet or less. The remaining 25 percent may
40 be allocated to applications requesting floor area of more than 2,500 square feet."
41
42 CONSIDERATIONS
43
44 When determining the amount of non-residential floor area that can be allocated annually, the
45 following items are reviewed and considered.
46
Report NROGO Year 21 BOCC SR Page 2 of 6
1. The number of potential applicants for an upcoming year is unknown. Most applicants who have
applied for NROGO are not located in a designated Community Center.
2. In the past ten years there has been limited competition for the available non-residential floor
area. The average square footage made available annually in the last eleven NROGO years has
been 23,532 square feet while the average square footage allocated in the eleven NROGO years
has been 11,881 square feet. The exception is Year 12 where the demand for square footage
exceeded the amount of available square footage.
3. Areas for allocations greater than 2.500 square feet are identified in a Livable ComuniKeys
Master Plan.
4. The non-residential allocations are based on prior years of residential ROGO. Each ROGO
allocation is multiplied by 239 square feet to determine the NROGO allocation bank. The Lower
& Upper Keys sub -areas have a separate bank from the Big Pine/No Name Key sub -area.
The following is a summary of the square footage of non-residential floor area made
available r the amountof •uare footage awarded for NROGO Years 10 through1 within
the Lower/Upper Keys Subarea.
1 1 ` - '.I 1;
1
22,150 square
*Year 11
16,000 • -
*Year 12
16,000 square feet
*Year 13
-
16,000 qfeet
*Year 14
.#1 square
*Year!
1! square feet
Year 16
1!1 squafeet
re
Year 17
1 1!! square
Year 18
20,000 square feet
Year 19
20,000 • - feet
Year 20 44,700 square feet 7,324 square feet
Vote* NROGO Years 10-15 the entire unincorporated County was considered to be one Subarea, based on Board of County Commissioners
Resolutions includes Big Pine/No Name Key. Years 16-20 the County used two subareas (t: Big Pine/No Name Key & 2: Lower/Upper
Keys). Additional detail on Big Pine/No Name Key is reflected in a table below.
Additional background specific to the Tier System:
On March 15, 2006, the Board of County Commissioners adopted Ordinance 011-2006 to
implement the Tier System for NROGO. Subsequently, the ordinance was challenged by
Florida Keys Citizens Coalition, Inc. and Protect Key West and the Florida Keys, Inc., d/b/a
Last Stand. A final order was issued by the Department of Community Affairs on September
26, 2007, which was not appealed by the parties.
The addition of the Tier System to NOGG, created separate districts for allocation
distribution, the basis of scoring applications, and the administrative relief process. The new
districts are as follows: A) Lower Keys & Upper Keys and B) Big Pine/No Name Key are the
subareas for NROGO.
Report NROGO Year 21 BOCC SR Page 3 of 6
I Additional background specific to the Big Pin Name Key Sub -area:
2
3 1) In 1998, the Florida Department of Transportation, Monroe County, the Florida
4 Department of Community Affairs, the U.S. Fish and Wildlife Service and the Florida
5 Fish and Wildlife Conservation Commission signed a Memorandum of Agreement to
6 develop a Habitat Conservation Plan (HCP) for the Key Deer and other protected
7 species in the project area.
8
9 2) The Livable Communikeys Program (LCP), Master Plan, for Future Development of
10 Big Pine Key and No Name Key was adopted on August 18, 2004 under Ordinance
11 029-2004. The LCP envisioned 47,800 square feet of non-residential floor area to be
12 allocated over twenty years to be used for infill and expansion of existing businesses.
13 The LCP limits non-residential development to Tier III disturbed and scarified
14 uplands. Based on the non-residential area square footage envisioned to be released
15 over the twenty year horizon, approximately 2,390 square feet of floor area can be
16 made available each year.
17
18 CALCULATIONS FOR YEAR 21 AND FLOOR AREA TO BE MADE AVAILABLE
19
20 A. Lower/Upper Keys:
21
22 187 ROGO Allocations are available for Year 21
23 Square Footage for Year 21 ROGO (187 ROGO x 239 Square Feet) 44,693
24 Pursuant to MCC Section 138-51, there are 44,700 square feet to be distributed into
25 small (2,500 square feet or less) and large (more 2,500 square feet) allocations.
26
Unincorporated Monroe County excluding Big Pine/No Name Key Subarea
44,700 square feet available for Year
Allocation Application Limit
Period 1
Period 2
Total for V
,mail (2,5W square feet or less)
33,525*
0
33,525
arge (more than 2,500 square feet)
11, 175 *
0
11,175
I .. . ... .. Total 1 44,700* 0 44,700
Note if any of the square footage is unused after the allocation of Period I the unused balance will rollover to Period 2.
29
30 B. Big Pine/No Name Keys:
31
32 NROGO Square Footage according to LCP 47,800
33
Report NROGO Year 21 BOCC SR Page 4 of 6
Big Pine/No Nan* Key Subarea
9,082 Total NROGO SF available 03Y1 t to Year 15 (MCC Sec 138-5t(l)
+ 11,950 Total NROGO SF available Years 16-20 (2,390 SF times 5 Years)
21,032 Total NROGO S F available Quarter 3 Year 11 thni Year 20
Allocations made Year 15-20
5,000
Allocated Year 15
3,809
Allocated Year 16
0
Allocated Year 17
0
Allocated Year t8
384
Allocated Year t9
7,500
Allocated Year 20
Total NROGO Allocated Years 15 thni 20)
16,693 Total NROGO Allocated Years 15 thru 20)
4,339 Total NROGO SF unused at the end of NROGO Year 20 to rollover to Year 2t
+ 2,390 NewNR0G0SF(10R0G0x239SF)
6,729 NROGO Year 21 available SF balance
2
3 Additional background specific to the Tier System:
4
5 The application of the Tier System to NROGO created separate districts for allocation
6 distribution, the basis for scoring applications, and a new administrative relief process. The
7 new districts are as follows: A) Lower Keys & Upper Keys and B) Big Pine/No Name Key
8 are the subareas for NROGO.
9
10 Additional background speciric to the Big Pine/No Name Key Sub -area:
11
12 3) In 1998, the Florida Department of Transportation, Monroe County, the Florida
13 Department of Community Affairs, the U.S. Fish and Wildlife Service and the Florida
14 Fish and Wildlife Conservation Commission signed a Memorandum of Agreement to
15 develop a Habitat Conservation Plan (HCP) for the Key Deer and other protected
16 species in the project area.
17
18 4) The Livable Communikeys Program (LCP), Master Plan for Future Development of
19 Big Pine Key and No Name Key was adopted on August 18, 2004 under Ordinance
20 029-2004. The LCP envisioned 47,800 square feet of non-residential floor area over
21 the next twenty years to be used for infill and expansion of existing businesses. The
22 LCP limits non-residential development to Tier III disturbed and scarified uplands.
23 Based on the non-residential area square footage envisioned to be released over the
24 twenty year horizon, approximately 2,390 square feet of floor area can be made
25 available per year.
Report NROGO Year 21 B®CC SR Page 5 of 6
1
2 5) Monroe County Code Section First 138-51(i) states that for the first allocations for the
3 Big Pine Key and No Name Key subarea (starting ROGO year 15, quarter 1), the
4 maximum amount of floor area available for allocation shall be based on the number
5 of permits issued under the 200 allocations authorized by the Big Pine Key and No
6 Name Key Community Master Plan and the number of ROGO allocations to be made
7 available in the ROGO year 15, begirming July 14, 2006.
8
9 6) Approximately 18,693 SF of NROGO has been allocated in the Big Pine/No Name
10 Key Subarea from year 15 thru 20.
11
12 RECOMAMNDATION
13
14 On September 26, 2012, the Planning Commission approved 51,429 (Lower/Upper Keys
15 Subarea 44,700 + Big Pine/No Name Key Subarea 6,729) square feet is the maximum
16 amount of available non-residential floor area for the annual NROGO allocation for Year 21,
17 to be distributed as follows:
18
19 Lower & Upper Keys Subarea:
20
21 1. The maximum amount of available non-residential floor area for the annual
22 NROGO allocation for Year 21 of the Lower & Upper Keys subarea shall be
23 44,700 square feet.
24
25 2. Year Twenty-one (21) begins July 13, 2012 and ends on July 12, 2013, the first
26 allocation period ended on January 12, 2013 and the second allocation period will
27 end on July 12, 2013.
28
29 3. The first allocation period shall have 33,525 square feet for small (2,500 square
30 feet or less) allocations and 11,175 for large (more than 2,500 square feet)
31 allocations. The unused balance from the first allocation period shall be held in
32 reserve for the second allocation period in their respective categories.
33
34 Big Pine/No Name Key Subarea:
35
36 1. The maximum amount of available non-residential floor area for the annual
37 NROGO allocation for Year 21 of the Big Pine/No Name Keys subarea shall be
38 6,729 square feet.
39 2. Year Twenty-one (21) begins July 13, 2012 and ends on July 12, 2013, the first
40 allocation period ended on January 12, 2013 and the second allocation period will
41 end on July 12, 2013.
42
43 3. The first allocation period shall have 6,729 square feet for small (2,500 square
44 feet or less) allocations. The unused balance from the first allocation period shall
45 be held in reserve for the second allocation period.
Report NROGO Year 21 BOCC SR Page 6 of 6
A RESOLUTION BY THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS APPROVING FOR
YEAR 21, FROM JULY 13, 2012 TO JULY 12, 2013,
FIFTY-ONE THOUSAND FOUR HUNDRED TWENTY
NINE SQUARE FEET OF NON-RESIDENTIAL FLOOR
AREA (NROGO) TO BE AVAILABLE PURSUANT TO
SECTION 138-47 OF THE MONROE COUNTY CODE.
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, Monroe County Code, Chapter 138, Article III, Non -
Residential Rate of Growth Ordinance (NROGO), provides for an allocation point
system for non-residential floor area, which maintains a ratio of 239 square feet of
non-residential floor area for each residential unit developed as required in the
2010 Plan; and
WHEREAS, the ROGO and NROGO year runs from July 13, 2012 to
July 12, 2013; and
WHEREAS, Monroe County Code Section 138-51, NROGO provides for
a recommendation by the Sr. Director of Planning & Environmental Resources,
and the Planning Commission, to the Board of County Commissioners for the
total amount of non-residential floor area which shall be made available for
annual allocation and distribution of this allocation between small (2,500 square
feet or less) allocations and large (more than 2,500 square feet) allocations; and
WHEREAS, NROGO Year 21 has forty-four thousand seven hundred
(44,700) square feet of commercial floor area available in the Lower/Upper Keys
area; and
WHEREAS, NROGO Year 21 has 6,729 square feet of commercial floor
area available in the Big Pine/No Name Keys area; and
WHEREAS, the Monroe County Planning Commission during a regular
meeting held on September 26, 2012, reviewed, discussed and approved, the Sr.
Director of Planning & Environmental Resources' recommendation to the
Planning Commission for NROGO Year 21 commercial floor area; and
WHEREAS, the Monroe County Planning Commission adopted by
Resolution P33-11 that 51,429 square feet of commercial floor area be made
available as follows:
Page 1 of 3
Lower & Upper Keys Subarea:
1. The maximum amount of available non-residential floor area for the
annual NROGO allocation for Year 21 of the Lower & Upper Keys
subarea shall be 44,700 square feet.
2. Year Twenty-one (21) begins July 13, 2012 and ends on July 12, 2013; the
first allocation period ends on January 12, 2013, and the second allocation
period will end on July 12, 2013.
3. The first allocation period shall have 33,525 square feet for small (2,500
square feet or less) allocations and 11,175 for large (more than 2,500
square feet) allocations. The unused balance from the first allocation
period shall be held in reserve for the second allocation period in their
respective categories.
Big Pine/No Name Key Subarea:
1. The maximum amount of available non-residential floor area for the
annual NROGO allocation for Year 21 of the Big Pine/No Name Keys
subarea shall be 6,729 square feet.
2. Year Twenty-one (21) begins July 13, 2012 and ends on July 12, 2013, the
first allocation period ends on January 12, 2013, and the second allocation
period will end on July 12, 2013.
3. The first allocation period shall have 6,729 square feet for small (2,500
square feet or less) allocations. The unused balance from the first
allocation period shall be held in reserve for the second allocation period.
REAS, the Board of County Commissioners concurs with the staf 's
amended recommendation;
' 1 11 :
For the Year 21 NROGO allocation period, fifty-one thousand four hundred
twenty-nine square (51,429) square feet of commercial floor area shall be made
available as follows:
Lower & U"er Keys Subarea:
1) The maximum amount of available non-residential floor area for the annual
NROGO allocation for Year 21 of the Lower & Upper Keys subarea shall be
44,700 square feet.
Cam'
2) Year Twenty-one (21) begins July 13, 2012 and ends on July 12, 2013; the first
allocation period ends on January 12, 2013, and the second allocation period will
end on July 12, 2013.
3) The first allocation period shall have 33,525 square feet for small (2,500 square
feet or less) allocations and 11,175 for large (more than 2,500 square feet)
allocations. The unused balance from the first allocation period shall be held in
reserve for the second allocation period in their respective categories.
Big Pine/No Name Key Subarea:
1. The maximum amount of available non-residential floor area for the annual
NROGO allocation for Year 21 of the Big Pine/No Name Keys subarea shall be
6,729 square feet.
2. Year Twenty-one (21) begins July 13, 2012 and ends on July 12, 2013; the first
allocation period ends on January 12, 2013, and the second allocation period will
end on July 12, 2013.
3. The first allocation period shall have 6,729 square feet for small (2,500 square
feet or less) allocations. The unused balance from the first allocation period shall
be held in reserve for the second allocation period.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting held on the 17`h day of October,
2012.
Mayor David Rice
Mayor pro tern Kim Wigington
Commissioner Heather Carruthers
Commissioner George Neugent
Commissioner Sylvia Murphy
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
Mayor David Rice
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
MONROiMOUNTY ATTORNEY
APP O 'ED AS -TO FOR
Deputy Clerk