Item S10BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 21, 2012 Division: Growth Management
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 Sections 138-19, 138-25, 138-47
and 138-52 of the Monroe County Code to require the submittal of updated building plans meeting the current Florida
Building Code (FBC) and other life safety codes prior to issuance of a building permit, but after a ROGO or NROGO
allocation is awarded.
ITEM BACKGROUND: Since the adoption of ROGO and NROGO, the County has required applicants for
allocations to obtain building permit approval prior to applying for an allocation. The existing process requires an
applicant to submit a full plan set for the site and all buildings as part of building permit application(s), as well as
application fees for the building permit and corresponding plan review.
Development approved by a building permit should be compliant with the most current building and life safety codes in
place at time of issuance. However, under the current system, applicants are required to seek building permit approval
prior to application for a ROGO and/or NROGO allocation. Since the reviews by various disciplines occur at the
beginning of a process that may take some time (ROGO/NROGO are competitive, point -based systems and applications
may remain in the systems for several years), it is possible that the building permit application that was reviewed and
approved under the building and life safety codes at time of application may become non -compliant with the building and
life safety code requirements on the date of building permit issuance after a ROGO or NROGO allocation is awarded.
To alleviate this issue, staff is proposing a requirement that a building permit application be revised and reviewed as a
new application following receipt of its required ROGO and/or NROGO allocation(s) and prior to building permit
issuance to meet all building and life safety codes in effect at the time of building permit issuance. In addition, this
amendment codifies the list of items that are required to be included in ROGO and NROGO applications. Currently, the
requirements are determined administratively by the ROGO administrator and Director of Planning & Environmental
Resources
During a regularly scheduled meeting held on April 24, 2012, the DRC reviewed the subject request and recommended
approval to the BOCC. During a regularly scheduled meeting held on May 30, 2012, the Planning Commission reviewed
the subject request and recommended approval to the BOCC.
PREVIOUS RELEVANT BOCC ACTION:
The ROGO was first adopted in 1992 by Ordinance #016-1992. It has been effective from July 1992 to present.
In order to carry out several miscellaneous amendments, MCC Chapter 138, Article II, ROGO has been
amended several times from it adoption to present date.
The NROGO was first adopted in 2001 by Ordinance #032-2001. It has been effective from July 2001 to
present. In order to carry out several miscellaneous amendments, MCC Chapter 138, Article III, NROGO has
been amended several times from it adoption to present date.
This item was heard and discussed by the BOCC at the August 15, 2012 meeting in Key Largo. The BOCC
decided to continue the public hearing on the item to the September 21, 2012 meeting in Marathon.
CONTRACT/AGREEMENT CHANGES: n/a
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: INDIRECT COST: BUDGETED: Yes No _
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes _ No AMOUNT PER MONTH Year
APPROVED BY: County Atty x OMB/Purchasing Risk Management
DOCUMENTATION: Included x Not Required
DISPOSITION: AGENDA ITEM #
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring, professional and fair
To: Monroe County Board of County Commissioners
Through: Christine Hurley, AICP, Director of Growth Management
Townley Schwab, Senior Director of Planning & Environmental Resources
From: Joseph Haberman, AICP, Planning & Development Review Manager
Date: August 20, 2012
Subject: AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING MONROE COUNTY CODE SECTIONS 138-19,
RATE OF GROWTH ORDINANCE (ROGO), 138-25, APPLICATION
PROCEDURES FOR RESIDENTIAL ROGO, 138-47, NONRESIDENTIAL RATE
OF GROWTH ORDINANCE, 138-52, APPLICATION PROCEDURES FOR
NROGO, TO ESTABLISH A REQUIREMENT THAT A BUILDING PERMIT
APPLICATION THAT IS SUBMITTED TO THE BUILDING DEPARTMENT BE
REVISED FOLLOWING RECEIPT OF ITS REQUIRED ROGO/NROGO
ALLOCATION(S) AND PRIOR TO BUILDING PERMIT ISSUANCE TO MEET
ALL BUILDING CODES IN EFFECT AT THE TIME OF BUILDING PERMIT
ISSUANCE, 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: September 21, 2012 (continued from August 15, 2012)
2 I REQUEST
3
4 The Planning & Environmental Resources Department is proposing amendments to the text
5 of the Monroe County Code concerning the County's Residential Rate of Growth Ordinance
6 (ROGO) and Nonresidential Rate of Growth Ordinance (NROGO). The main purpose of the
7 text amendment is establish a requirement that a building permit application be revised
8 following receipt of its require ROGO and/or NROGO allocation(s) and prior to building
9 permit issuance to meet all building codes in effect at the time of building permit issuance.
10
11 II RELEVANT PRIOR COUNTY ACTIONS AND BACKGROUND INFORMATION:
12
13 The ROGO was implemented within the Monroe County Code as required by Monroe
14 County Comprehensive Plan Policy 101.2.13.
15
16 The ROGO was first adopted in 1992 by Ordinance #016-1992. It has been effective from
17 July 1992 to present. In order to carry out severalmiscellaneous amendments, MCC Chapter
Page 1 of 14 (File #2012-037)
1 138, Article II, ROGO has been amended several times from it adoption to present date. Of
2 these amendments, it is important to note that in order to implement the tier scoring system,
3 the ROGO regulations were amended in 2006 by Ordinance #009-2006.
4
5 As set forth in MCC §138-19(b), the purposes and intent of the ROGO are: 1) to facilitate
6 implementation of goals, objectives and policies set forth in the Comprehensive Plan relating
7 to protection of residents, visitors and property in the county from natural disasters,
8 specifically including hurricanes; 2) to limit the annual amount and rate of residential
9 development commensurate with the county's ability to maintain a reasonable and safe
10 hurricane evacuation clearance time; 3) to regulate the rate and location of growth in order to
11 further deter deterioration of public facility service levels, environmental degradation and
12 potential land use conflicts; 4) to allocate the limited number of dwelling units available
13 annually hereunder, based upon the goals, objectives and policies set forth in the
14 Comprehensive Plan; and 5) to implement goal 105 of the Comprehensive Plan.
15
16 The NROGO was carried out as required by Monroe County Comprehensive Plan Policy
17 101.3.1.
18
19 The NROGO was first adopted in 2001 by Ordinance #032-2001. It has been effective from
20 July 2001 to present. In order to carry out several miscellaneous amendments, MCC Chapter
21 138, Article III, NROGO has been amended several times from it adoption to present date.
22 Of these amendments, it is important to note that in order to implement the tier scoring
23 system, the NROGO regulations were amended in 2006 by Ordinance #011-2006.
24
25 As set forth in MCC § 13 8-47(b), the purposes and intent of the NROGO are: 1) to facilitate
26 implementation of goals, objectives and policies set forth in the Comprehensive Plan relating
27 to maintaining a balance between residential and nonresidential growth; 2) to maintain a ratio
28 of approximately 239 square feet of nonresidential floor area for each new residential permit
29 issued through the ROGO; 3) to promote the upgrading and expansion of existing small -size
30 businesses and to retain the predominately small scale character of nonresidential
31 development in the Florida Keys; 4) to regulate the rate and location of nonresidential
32 development in order to eliminate potential land use conflicts; and 5) to allocate the
33 nonresidential floor area annually hereunder, based on the goals, objectives and policies of
34 the Comprehensive Plan and the Livable CommuniKeys master plans.
35
36 During a regularly scheduled meeting held on April 24, 2012, the Development Review
37 Committee reviewed the subject request and recommended approval to the BOCC.
38
39 During a regularly scheduled meeting held on May 30, 2012, the Planning Commission
40 reviewed the subject request and recommended approval to the BOCC.
41
42 III REVIEW
43
44 Since the adoption of ROGO and NROGO, Monroe County has required applicants for
45 allocations to obtain building permit approval prior to applying for an allocation. The
46 existing process requires an applicant to submit a full plan set for the site and all buildings as
Page 2 of 14 (File #2012-037)
I part of building permit application(s), as well as application fees for the building permit and
2 corresponding plan review.
3
4 Development approved by a building permit should be compliant with the most current
5 building and life safety codes in place at time of issuance. However, under the current
6 system, applicants are required to seek building permit approval prior to application for a
7 ROGO and/or NROGO allocation. Since the reviews by various disciplines occur at the
8 beginning of a process that may take some time (ROGO/NROGO are competitive, point-
9 based systems and applications may remain in the systems for several years), it is possible
10 that the building permit application that was reviewed and approved under the building and
11 life safety codes at time of application may become non -compliant with the building and life
12 safety code requirements on the date of building permit issuance.
13
14 To alleviate this issue, staff is proposing a requirement that a building permit application be
15 revised following receipt of its required ROGO and/or NROGO allocation(s) and prior to
16 building permit issuance to meet all building codes in effect at the time of building permit
17 issuance.
18
19 In addition, this amendment codifies the list of items that are required to be included in
20 ROGO and NROGO applications. Currently, the requirements are determined
21 administratively by the ROGO administrator and Director of Planning & Environmental
22 Resources.
23
24 Therefore, staff recommends the following changes (Deletions are stFislefi flWOa and
25 additions are underlined. Text to remain the same is in black):
26
27 Sec.138-19. Residential rate of growth ordinance (ROGO).
28
29 (a) Definitions. The following words, terms and phrases, when used in this seetien article,
30 shall have the meanings ascribed to them in this sebseetiee section, except where the
31 context clearly indicates a different meaning:
32
33 Allocation period means a defined period of time within which applications for the
34 residential ROGO allocation will be accepted and processed.
35
36 Annual allocation period means the 12-month period beginning on July 13, 1992, (the
37 effective date of the original dwelling unit allocation ordinance), and subsequent one-year
38 periods.
39
40 Annual residential ROGO allocation means the maximum number of dwelling units for
41 which building permits may be issued during an annual allocation period.
42
43 Buildable lot or parcel, for the purposes of this chapter, means a lot or parcel which must
44 contain a minimum of 2,000 square feet of upland, including any disturbed wetlands that
45 can be filled pursuant to this ehapt .
Page 3 of 14 (File #2012-037)
1 Controlling date means the date and time a ROGO application is submitted. This date
2 shall be used to determine the annual anniversary date for receipt of a perseverance point
3 and shall determine precedence when ROGO applications receive identical ranking
4 scores. A new controlling date shall be established based upon the resubmittal date and
5 time of any withdrawn or revised application, except pursuant to section 138-25(h).
6
7 Lawfully established for ROGO/NROGO exemption means a residential dwelling unit or
8 nonresidential floor area that has received a permit or other official approval from the
9 division of growth management for the ems unit and/or nonresidential floor area.
10
11 Quarterly allocation period means the three-month period beginning on July 13, 1992, or
12 such other date as the board may specify, and successive three-month periods.
13
14 Quarterly residential ROGO allocation means the maximum number of residential
15 dwelling units for which building permits may be issued in a quarterly allocation period.
16
17 Residential dwelling unit means a dwelling unit as defined in section 101-1, and
18 expressly includes the following other terms also specifically defined in section 101-1:
19 rooms, hotel or motel, campground spaces, mobile homes,
20 transient residential units, institutional residential units (except hospital rooms) and h-Ne-
21 abeaFds live -aboard vessels.
22
23 Residential ROGO allocation means the maximum number of dwelling units for which
24 building permits may be issued in a given time period.
25
26 Residential ROGO allocation award means the approval of a residential ROGO
27 application for the issuance of a building permit.
28
29 ROGO application means the residential ROGO application submitted by applicants
30 seeking allocation awards.
31
32 (b) Purpose and intent. The purposes and intent of residential ROGO are:
33 (1) To facilitate implementation of goals, objectives and policies set forth in the
34 comprehensive plan relating to protection of residents, visitors and property in the
35 county from natural disasters, specifically including hurricanes;
36 (2) To limit the annual amount and rate of residential development commensurate with
37 the county's ability to maintain a reasonable and safe hurricane evacuation clearance
38 time;
39 (3) To regulate the rate and location of growth in order to further deter deterioration of
40 public facility service levels, environmental degradation and potential land use
41 conflicts;
42 (4) To allocate the limited number of dwelling units available annually hereunder, based
43 upon the goals, objectives and policies set forth in the comprehensive plan; and
44 (5) To implement goal 105 of the comprehensive plan.
45
46
Page 4 of 14 (Pile #2012-037)
2 Sec.138-25. Application procedures for residential ROGO.
3
4 (a) Application for allocation. In each quarterly allocation period, the depaFtmeat of planning
5 and environmental resources department shall accept applications to enter the residential
6 ROGO system . Except for allocations to be
7 reserved and awarded under section 138-24(b), the ROGO application €eFM must be
8 accompanied by an approved building permit application
9 fee -in order to be considered in the current allocation period. The planning director, or his
10 or her designee, shall review the ROGO application for completeness. If the application
11 is determined to be incomplete, the planning director, or his or her designee, shall reject
12 the ROGO application and notify the applicant of such rejection, and the reasons
13 therefore, within ten working days. The application shall be assigned a controlling date
14 that reflects the time and date of its submittal unless the application is determined to be
15 incomplete. If the application is rejected, then the new controlling date shall be assigned
16 when a complete application is submitted. The ROGO application shall be submitted in a
17 form provided by the planning and environmental resources department and meet the
18 following requirements:
19 (1) The application shall include a) the name and address of the property owner(s) f
20 record, b) the property record card(s) from the Monroe County Property Appraiser, c)
21 a written legal description of the property proposed for development, d) a boundary
22 survey of the property proposed for development, prepared by a surveyor registered
23 in the State of Florida, showing the boundaries of the site, elevations, bodies of water
24 and wetlands on the site and adjacent to the site, existing structures including all
25 impervious areas, existing easements, total acreage, and total acreage by habitat and
26 e a site plan. The boundary and site plan may be filed with the corresponding
27 building_ permit application. Additional copies of the boundary survey and site plan
28 are not required to be filed with the ROGO application.
29 (2) If a conditional use permit is required in accordance with this Land Development
30 Code for the development applied for, the conditional use permit shall be obtained
31 and effective prior to submittal of any ROGO application. A copy of the recorded
32 development order shall be submitted with the ROGO application.
33 (3) The site plan shall be prepared and sealed by professional architect, engineer, or any
34 other professional licensed to prepare a site plan. The site plan shall be drawn to a
35 scale of one inch equals ten feet or one inch equals twenty feet. At a minimum, the
36 site plan shall depict the following features and information:
37 a. Date, north point and graphic scale;
38 b. Boundary lines of site, including all property lines and mean high-water lines
39 shown in accordance with Florida Statutes,
40 c. All attributes from the boundary survey
41 d. Future Land Use Map (FLUM) designation(s) of the site;
42 e. Land Use (Zoning) District designation(s) of site;
43 f. Tier designation(s) of the site;
44 g. Flood zones pursuant to the Flood Insurance Rate Map;
45 h. Setback lines as required by this Land Development Code;
Page 5 of 14 (File #2012-037)
I i. Locations and dimensions of all existingproposed structures, including all
2 paved areas and clear site triangles-,
3 J. Size and type of buffer yards and parking lot landscaping areas, including the
4 species and number of plants;
5 k. Extent and area of wetlands, open space preservation areas and conservation
6 easements;
7 1. Delineation of habitat types to demonstrate buildable area on the site, including
8 any heritage trees identified and any potential species that may use the site
9 (certified by an approved biologist and based on the most current professionally=
10 recognized mapping by the U.S. Fish and Wildlife Service);
11 m. Drainage plan including existing and proposed topography, all drainage
12 structures, retention areas, drainage swales and existing and proposed permeable
13 and impermeable areas;
14 n. Location of fire hydrants or fire wells;
15 o. The location of public utilities, including location of the closest available water
16 supply system or collection lines and the closest available wastewater collection
17 system or collection lines (with wastewater system provider) or on -site system
18 proposed to meet required County and State of Florida wastewater treatment
19 standards; and
20 R. A table providing the total land area of the site, the total buildable area of the site,
21 the type and number of all residential dwelling units, the amounts of impervious
22 and pervious areas, and calculations for land use intensity, open space ratio, and
23 off-street parking;
24
25 (b) Fee for review of application. Each ROGO application shall be accompanied by a
26 nonrefundable processing fee as may be established by resolution of the board of county
27 commissioners. Additional fees are not required for successive review of the same
28 ROGO application unless the application is withdrawn and resubmitted.
29
30 (c) Compliance with other requirements. The ROGO application shall not constitute an
31 indication of4mheate whether or not the applicant for a residential dwell ROGO
32 allocation has satisfied and complied with all county, state and federal requirements
33 otherwise imposed by the county regarding conditions precedent to issuance of a building
34 permit and shall require that the appheant eallify to sueh eemplianee.
35
36 (d) #emeeumsy Non -county time periods. The county shall develop necessary administrative
37 procedures and, if necessary, enter into agreements with other jurisdictional entities
38 which impose requirements as a condition precedent to development in the county, to
39 ensure that such nense} non -county approvals, certifications and/or permits are not
40 lost due to the increased time requirements necessary for the county to process and
41 evaluate residential dwelling unit applications and issue allocation awards. The county
42 may permit evidence of compliance with the requirements of other jurisdictional entities
43 to be demonstrated by "coordinating letters" in lieu of approvals or permits.
44
45 (e) Limitation on number of applications.
Page 6 of 14 (File #2012-037)
1 (1) An individual entity or organization may submit only one ROGO application per
2 residential dwelling unit in each quarterly allocation period.
3 (2) There shall be no limit on the number of separate parcels for which ROGO
4 applications may be submitted by an individual, entity or organization.
5 (3) A ROGO application for a given parcel shall not be for more residential dwelling
6 units than are permitted by applicable zoning or land use regulations or the
7 comprehensive plan.
8
9 (f) Expiration of allocation award. Except as provided for in this article, an allocation award
10 shall expire when its corresponding building permit is not picked up after 60 days of
11 notification by certified mail of the award or after issuance of the building permit, upon
12 expiration of the permit or after failure of the applicant to submit required plan revisions
13 by the required date set forth in subsection (i).
14
15 (g) Borrowing from future housing allocations.
16 (1) The planning commission may award additional units from future annual dwelling
17 presidential ROGO allocations to fully grant an application for residential
18 dwelling units in a project if such an application receives an allocation award for
19 some, but not all, of the units requested.
20 (2) The board of county commissioners, in approving affordable housing allocations
21 pursuant to section 138-24(b), may reserve and award additional units from future
22 annual dwelling unit allocations if the number of available allocations is insufficient
23 to meet specific project needs.
24 (3) The planning commission shall not reduce any future market rate quarterly allocation
25 by more than 20 percent and shall not apply these reductions to more than the next
26 five annual allocations or 20 quarterly allocations.
27 (4) The board of county commissioners, upon recommendation of the planning
28 commission, may make available for award up to 100 percent of the affordable
29 housing allocations available over the next five annual allocations or 20 quarterly
30 allocations.
31
32 (h) Revisions of ROGO applications and awards.
33 (1) An applicant may elect to revise a ROGO application to increase the competitive
34 points in the application without prejudice or change in the controlling date if a
35 revision is submitted on a form approved by the planning director to the planning and
36 environmental resources department no later than 30 days following the planning
37 commission approval of the previous ROGO rankings. Any such revision shall not
38 involve changes to the approved building permit application. All other applications
39 that are withdrawn and resubmitted -that do not increase the competitive points or
40 involve revisions to the approved building permit application shall be considered
41 new, requiring payment of appropriate fees and receiving a new controlling date.
42 (2) After receipt of an allocation award, and either before or after receipt of a building
43 permit, but prior to receipt of a certificate of occupancy, no revisions shall be made to
44 any aspect of the proposed residential development which formed the basis for the
45 evaluation review, determination of points and allocation rankings, unless such
46 revision would have the effect of increasing the points awarded.
Page 7 of 14 (File #2012-037)
2 (i) Clarification of application data.
3 (1) At any time during the dwe4ling un residential ROGO allocation review and
4 approval process, the applicant may be requested by the direeter- a planning director
5 or the planning commission to submit additional information to clarify the
6 relationship of the allocation application, or any elements thereof, to the evaluation
7 criteria. If such a request is made, the dir-eetere€ planning director shall identify the
8 specific evaluation criterion at issue and the specific information needed and shall
9 communicate such request to the applicant.
10 (2) Upon receiving a request from the dir-me}-ef planning director for such additional
11 information, the applicant may provide such information, or the applicant may
12 decline to provide such information and allow the allocation application to be
13 evaluated as submitted.
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(j) Revisions of building permit applications requiring the ROGO allocation(s). A building
permit application for a proposed residential dwelling unit requiring a ROGO allocation
must be approved prior to submitting a ROGO application. In the event that the Florida
Building Code is amended between the date in which a ROGO application is submitted
and the date in which a building_ permit requiring the ROGO allocation(s) applied for is
issued (which follows the date in which the required allocation(s) is awarded), if
necessary, the applicant shall submit plan revisions to the building_ permit application
demonstrating full compliance with the current Florida Building Code in effect. These
Wan revisions shall be submitted within 180 days of the ROGO allocation award date or
the applicant shall forfeit the ROGO allocation award. Following receipt of the plan
revisions, the building department shall review the revisions as if the application is new
(however retaining the same building permit number for administrative purposes), based
on the building code, for compliance prior to issuance of the building permit requiring the
ROGO allocation s ,by the building official. Such mandatory revisions and review are
limited to the modifications necessary to demonstrate compliance with the Florida
Building Code in effect at the time of building permit issuance. This is not applicable to
the Land DeveloDment Code.
See.138-47. Nonresidential rate of growth ordinance (NROGO).
(a) Definitions. The following words, terms and phrases, when used in this seetien article,
shall have the meanings ascribed to them in this sebseetien 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.
45 Annual allocation period means the 12-month period beginning on July 14, 2001, and
46 subsequent one-year periods that is used to determine the amount of nonresidential floor
Page 8 of 14 (File #2012-037)
1 area to be allocated based on the number of ROGO allocations to be issued in the
2 upcoming ROGO year.
3
4 Annual nonresidential ROGO allocation means the maximum floor area for which
5 building permits may be issued during an annual allocation period.
6
7 Buildable lot or parcel, for the purposes of this chapter, means fide a lot or parcel which
8 must contain a minimum of 2,000 square feet of uplands, including any disturbed
9 wetlands that can be filled
10
11 Community master plan means a plan adopted by the board of county commissioners as
12 part of the Monroe County Livable CommuniKeys Program.
13
14 Controlling date means the same as defined in section 138-19(a), except it shall apply to
15 NROGO applications under this article.
16
17 Covered walkways means a covered area of any length but no wider than five feet that is
18 used for providing weather protected pedestrian access from one part of a property to
19 another part of the same property.
20
21 Historic resources means a building, structure, site, or object listed or eligible for listing
22 individually or as a contributing resource in a district in the National Register of Historic
23 Places, the state inventory of historic resources or the county register of designated
24 historic properties.
25
26 Infill means the development or redevelopment of land that has been bypassed, remained
27 vacant, and/or underused in otherwise built up areas which are serviced by existing
28 infrastructure.
29
30 Lawfully established for ROGO/NROGO exemption means a residential dwelling unit or
31 nonresidential floor area that has received a permit or other official approval from the
32 division of growth management for the units unit and/or nonresidential floor area.
W,
34 Nonresidential floor area means the sum of the gross floor area for a nonresidential
35 building or structure, as defined in section 101-1, any areas used for the provision of food
36 and beverage services and seating, whether covered or uncovered, and all covered,
37 unenclosed areas. Walkways, stairways, entryways, parking, and loading areas are not
38 considered nonresidential floor area. Additionally, boat barns, covered and unenclosed
39 boat racks with three or fewer sides not associated with retail sales of boats which do not
40 exceed 50 percent of the net buildable area of the lot/parcel are not considered
41 nonresidential floor area. The term "nonresidential floor area" does not include space
42 occupied by transient residential and institutional residential principal uses.
43
44 Nonresidential ROGO allocation, also referred to as NROGO allocation, means the
45 maximum amount of nonresidential floor area for which building permits may be issued
46 in a given time period.
Page 9 of 14 (File #2012-037)
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Nonresidential ROGO allocation award, also referred to as NROGO allocation award,
means the approval of a nonresidential ROGO application fer-the 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, three-
month 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
guarterly allocation period.
Site means the parcels of land required to be aggregated „ def seefien 130 130 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. This is
considered a light industrial use and does not include waste transfer stations, junkyards,
yards or other heavy industrial uses.
Sunshade means an unenclosed structure used as protection from the weather.
(b) Purpose and intent. The purposes and intent of the nonresidential rate of growth
ordinance are:
(1) To facilitate implementation of goals, objectives and policies set forth in the
comprehensive plan relating to maintaining a balance between residential and
nonresidential growth.
(2) To maintain a ratio of approximately 239 square feet of nonresidential floor area for
each new residential permit issued through the residential rate of growth ordinance
(ROGO).
(3) To promote the upgrading and expansion of existing small -size businesses and to
retain the predominately small scale character of 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.138-52. - Application procedures for NROGO.
Page 10 of 14 (File #2012-037)
1 (a) Application for allocation. The planning and environmental resources department shall
2 accept applications to enter the NROGO system
3 Neste . The NROGO application fefm must be accompanied by an approved building
4 permit application in order to be considered in the current annual allocation period. The
5 application must state for which allocation category an award is being sought, either
6 2,500 square feet or less, or 2,501 square feet or more. The planning
7 director, or his or her designee, shall review the NROGO application for completeness. If
8 the application is determined to be incomplete, the planning director, or his or her
9 designee, shall reject the NROGO application and notify the applicant of such rejection,
10 and the reasons therefor, within ten working days. If determined to be complete, the
11 application shall be assigned a controlling date. The NROGO application shall be
12 submitted in a form provided by the planning and environmental resources department
13 and meet the following requirements:
14 (1) The application shall include a) the name and address of the property owner(s) of
15 record, b) the property record card(s) from the Monroe Co= Property Appraiser, c)
16 a written legal description of the property proposed for development, d) a boundary
17 survey of the property proposed for development, prepared by a surveyor registered
tered
18 in the State of Florida, showing the boundaries of the site, elevations, bodies of water
19 and wetlands on the site and adjacent to the site, existing structures including all
20 impervious areas, existing easements, total acreage and total acreage by habitat and e)
21 a site plan. The boundary survey and site plan may be filed with the corresponding
22 building_ permit application. Additional copies of the boundary survey and site plan
23 are not required to be filed with the NROGO application.
24 (2) If a conditional use permit is required in accordance with this Land Development
25 Code for the development applied for, the conditional use permit shall be obtained
26 and effective prior to submittal of any NROGO application. A copy of the recorded
27 development order shall be submitted with the NROGO application.
28 (3) The site plan shall be prepared and sealed by a professional architect, engineer, or any
29 other professional licensed to prepare a site plan. The site plan shall be drawn to a
30 scale of one inch equals ten feet or one inch equals twenty feet. At a minimum, the
31 site plan shall depict the following features and information:
32 a. Date, north point and graphic scale;
33 b. Boundary lines of site, including all property lines and mean high-water lines
34 shown in accordance with Florida Statutes,
35 c. All attributes from the boundary survey;
36 d. Future Land Use Map (FLUM) designation(s) of the site;
37 e. Land Use (Zoning) District designation(s) of site;
38 f. Tier designation(s) of the site;
39 g_ Flood zones pursuant -to the Flood Insurance Rate Map;
40 h. Setback lines as required by this Land Development Code;
41 i. Locations and dimensions of all existing and proposed structures, including all
42 paved areas and clear site triang
Jes,
43 J. Size and type of buffer yards and parking lot landscaping areas, including the
44 Mecies and number of plants:
45 k. Extent and area of wetlands, open space preservation areas and conservation
46 easements:
Page 11 of 14 (File #2012-037)
1 1. Delineation of habitat types to demonstrate buildable area on the site, including
2 any heritage trees identified and anv potential species that may use the site
3 (certified by an approved biologist and based on the most current professionally-
4 recognized mapping by the U.S. Fish and Wildlife Service),
5 m. Drainage plan including existingproposed topography, all drainage
6 structures, retention areas, drainage swales and existing and proposed permeable
7 and impermeable areas;
8 n. Location of fire hydrants or fire wells;
9 o. The location of public utilities, including location of the closest available water
10 supply system or collection lines and the closest available wastewater collection
11 system or collection lines (with wastewater systemprovider) or on -site system
12 proposed to meet required County and State of Florida wastewater treatment
13 standards; and
14 p. A table providing the total land area of the site, the total buildable area of the site,
15 the type and square footage of all nonresidential land uses, the type and number of
16 all residential dwelling units, the amounts of impervious and pervious areas, and
17 calculations for land use intensilL open space ratio, and off-street parking,
18
19 (b) Fee for review of application. Each NROGO application shall be accompanied by a
20 nonrefundable processing fee as may be by resolution of the board of county
21 commissioners. Additional fees are not required for successive review of the same
22 NROGO application unless the application is withdrawn and resubmitted.
23
24 (c) Compliance with other requirements. The NROGO apgliee6eas application shall irieate
25 not constitute an indication of whether or not the applicant for the nonresidential floor
26 area allocation has satisfied and complied with all county, state, and federal requirements
27 otherwise imposed by the county regarding conditions precedent to issuance of a building
28 permit .
29
30 (d) Time of review. , the
31 digester of The planning director may retain the allocation application and its associated
32 building permit application for review pursuant to the evaluation procedures and criteria
33 set forth in section 138-53 and section 138-55.
34
35 (e) #tee Non -county time periods. The county shall develop necessary administrative
36 procedures and, if necessary, enter into agreements with other jurisdictional entities
37 which impose requirements as a condition precedent to development in the county, to
38 ensure that such neneeaa y non -county approvals, certifications and/or permits are not
39 lost due to the increased time requirements necessary for the county to process and
40 evaluate NROGO applications and issue allocation awards. The
41 county may permit evidence of compliance with the requirements of other jurisdictional
42 entities to be demonstrated by coordination letters in lieu of approvals or permits.
43
44 (f) Limitation on number of applications.
45 (1) An individual entity or organization may have only one active NROGO application
46 per site in the amival allocation period.
Page 12 of 14 (File #2012-037)
1 (2) There shall be no limit on the number of separate projects for which NROGO
2 applications may be submitted by an individual, entity or organization.
3
4 (g) Expiration of allocation award. An allocation award shall expire when its corresponding
5 building permit is deemed to expire pursuant to chapter 102, article VII., of after 60 days
6 of mailing of notification for the award of the allocation of nonresidential floor area or
7 after failure of the applicant to submit required plan revisions by the required date set
8 forth in subsection M.
9
10 (h) Withdrawal of NROGO application. An applicant may elect to withdraw a NROGO
11 application without prejudice at any time up to finalization of the evaluation rankings by
12 the planning commission. Revision and resubmission of the withdrawn application must
13 be in accordance with subsection (i) of this section.
14
15 (i) Revisions to applications and awards.
16 (1) Upon submission of a NROGO application, an applicant may revise the application if
17 it is withdrawn and resubmitted prior to the allocation date for the allocation period in
18 which the applicant wishes to compete. Resubmitted applications shall be considered
19 new, requiring payment of appropriate fees and receiving a new controlling date.
20 (2) After receipt of an allocation award, and either before or after receipt of a building
21 permit being obtained, but prior to receipt of a certificate of occupancy or final
22 inspection, no revisions shall be made to any aspect of the proposed nonresidential
23 development which formed the basis for the evaluation review, determination of
24 points and allocation rankings, unless such revision would have the effect of
25 increasing the points awarded.
26 (3) After the receipt of an allocation award, a building permit and a certificate of
27 occupancy or final inspection, no revision shall be made to any aspect of the
28 completed nonresidential development which formed the basis for the evaluation,
29 review, determination of points and allocation rankings, unless such revisions are
30 accomplished pursuant to a new building permit and unless such revisions would
31 have the net effect of either maintaining or increasing the number of points originally
32 awarded.
33
34 0) Clarification of application data.
35 (1) At any time during the NROGO allocation review and approval process, the applicant
36 may be requested by the d}reeter-ef planning director or the planning commission, to
37 submit additional information to clarify the relationship of the allocation application,
38 or any elements thereof, to the evaluation criteria. If such a request is made, the
39 dir-esler- e€ planning director shall identify the specific evaluation criterion at issue
40 and the specific information needed and shall communicate such request to the
41 applicant.
42 (2) Upon receiving a request from the difeeter- e planning director for such additional
43 information, the applicant may provide such information; or the applicant may
44 decline to provide such information and allow the allocation application to be
45 evaluated as submitted.
46
Page 13 of 14 (File #2012-037)
I W Revisions of building permit applications requiring the NROGO allocation(s). A building
2 permit application for a proposed nonresidential floor area requiring a NROGO allocation
3 must be approved prior to submitting a NROGO application. In the event that the Florida
4 Building Code is amended between the date in which a NROGO application is submitted
5 and the date in which a building_ permit requiring the NROGO allocation(s) applied for is
6 issued (which follows the date in which the required allocation(s) is awarded
7 necessary, the applicant shall submit plan revisions to the building_ permit application
8 demonstrating full compliance with the current Florida Building Code in effect. These
9 plan revisions shall be submitted within 180 days of the NROGO allocation award date or
10 the applicant shall forfeit the NROGO allocation award. Following receipt of the plan
11 revisions, the building department shall review the revisions as if the application is new
12 (however retaining the same building_ permit number for administrative purposes
13 on the building code, for compliance prior to issuance of the building_ permit requiring the
14 NROGO allocations by the building official. Such mandatory revisions and review are
15 limited to the modifications necessary to de ostrate compliance with the Florida
16 Building Code in effect at the time of building permit issuance. This is not applicable to
17 the Land Development Code.
18
19
20 IV RECOMMENDATION
21
22 Staff has found that the proposed text amendment would be consistent with the provisions of
23 §102-158(d)(5)(b): 1. Changed projections (e.g., regarding public service needs) from those
24 on which the text or boundary was based; 2. Changed assumptions (e.g., regarding
25 demographic trends); 3. Data errors, including errors in mapping, vegetative types and
26 natural features described in volume I of the plan; 4. New issues; 5. Recognition of a need for
27 additional detail or comprehensiveness; or 6. Data updates. Specifically, staff has found that
28 the proposed text amendments are necessary due to a recognition of a need for additional
29 detail or comprehensiveness.
30
31 Staff recommends that the Board of County Commissioners amend the Monroe
32 County Code as stated in the text of this staff report.
Page 14 of 14 (File #2012-037)
MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. - 2012
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING MONROE COUNTY
CODE SECTIONS 138-19, RATE OF GROWTH ORDINANCE
(ROGO), 138-25, APPLICATION PROCEDURES FOR
RESIDENTIAL ROGO, 13847, NONRESIDENTIAL RATE OF
GROWTH ORDINANCE, 138-52, APPLICATION PROCEDURES
FOR NROGO; TO ESTABLISH A REQUIREMENT THAT A
BUILDING PERMIT APPLICATION THAT IS SUBMITTED TO
THE BUILDING DEPARTMENT BE REVISED FOLLOWING
RECEIPT OF ITS REQUIRED ROGO/NROGO ALLOCATION(S)
AND PRIOR TO BUILDING PERMIT ISSUANCE TO MEET ALL
BUILDING CODES IN EFFECT AT THE TIME OF BUILDING
PERMIT ISSUANCE; 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 adoptions of the County's Residential Rate of Growth Ordinance
(ROGO) and Nonresidential Rate of Growth Ordinance (NROGO). The Monroe County Growth
Management Division has required applicants for allocations to obtain building permit approval
prior to applying for an allocation. The existing process requires an applicant to submit a full
plan set for the site and all buildings as part of building permit application(s), as well as
application fees for the building permit and corresponding plan review; and
WHEREAS, development approved by a building permit should be compliant with the most
current building and life safety codes in place at time of issuance. However, under the current
system, applicants are required to seek building permit approval prior to application for a ROGO
and/or NROGO allocation. Since the reviews by various disciplines occur at the beginning of a
process that may take some time, it is possible that the building permit application that was
reviewed and approved under the building and life safety codes at time of application may
become non -compliant with the building and life safety code requirements on the date of
building permit issuance; and
Page 1 of 14
WHEREAS, this amendment amends the procedure by requiring a building permit application
to be revised following receipt of its required ROGO and/or NROGO allocation(s) and prior to
building permit issuance to meet all building codes in effect at the time of building permit
issuance; and
WHEREAS, this amendment codifies the list of items that are required to be included in ROGO
and NROGO applications. Currently, the requirements are determined administratively by the
ROGO administrator and Director of Planning & Environmental Resources; and
WHEREAS, during a regularly scheduled meeting held on April 24, 2012, the Monroe County
Development Review Committee reviewed the ordinance and recommended approval to the
Board of County Commissioners; and
WHEREAS, during a regularly scheduled public hearing held on May 30, 2012, the Planning
Commission reviewed the ordinance and recommended approval to the Board of County
Commissioners.
NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS:
Section 1. The Monroe County Code shall be amended as follows (deletions are stFislen fiffeu&
and additions are underlined):
Sec.138-19. Residential rate of growth ordinance (ROGO).
(a) Definitions. The following words, terms and phrases, when used in this ses6ei3 article,
shall have the meanings ascribed to them in this sebseetien section, except where the
context clearly indicates a different meaning:
Allocation period means a defined period of time within which applications for the
residential ROGO allocation will be accepted and processed.
Annual allocation period means the 12-month period beginning on July 13, 1992, (the
effective date of the original dwelling unit allocation ordinance), and subsequent one-year
periods.
Annual residential ROGO allocation means the maximum number of dwelling units for
which building permits may be issued during an annual allocation period.
Buildable lot or parcel, for the purposes of this chapter, means a lot or parcel which must
contain a minimum of 2,000 square feet of upland, including any disturbed wetlands that
can be filled pufsuai# to this ahVt .
Controlling date means the date and time a ROGO application is submitted. This date
shall be used to determine the annual anniversary date for receipt of a perseverance point
and shall determine precedence when ROGO applications receive identical ranking
Page 2 of 14
scores. A new controlling date shall be established based upon the resubmittal date and
time of any withdrawn or revised application, except pursuant to section 138-25(h).
Lawfully established for 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 s unit and/or nonresidential floor area.
Quarterly allocation period means the three-month period beginning on July 13, 1992, or
such other date as the board may specify, and successive three-month periods.
Quarterly residential ROGO allocation means the maximum number of residential
dwelling units for which building permits may be issued in a quarterly allocation period.
Residential dwelling unit means a dwelling unit as defined in section 101-1, and
expressly includes the following other terms also specifically defined in section 101-1:
lawfully established hetgrooms, hotel or motel, campground spaces, mobile homes,
transient residential units, institutional residential units (except hospital rooms) and 4ve-
ebea&ls live -aboard vessels.
Residential ROGO allocation means the maximum number of dwelling units for which
building permits may be issued in a given time period.
Residential ROGO allocation award means the approval of a residential ROGO
application for the issuance of a building permit.
ROGO application means the residential ROGO application submitted by applicants
seeking allocation awards.
(b) Purpose and intent. The purposes and intent of residential ROGO are:
(1) To facilitate implementation of goals, objectives and policies set forth in the
comprehensive plan relating to protection of residents, visitors and property in the
county from natural disasters, specifically including hurricanes;
(2) To limit the annual amount and rate of residential development commensurate with
the county's ability to maintain a reasonable and safe hurricane evacuation clearance
time;
(3) To regulate the rate and location of growth in order to further deter deterioration of
public facility service levels, environmental degradation and potential land use
conflicts;
(4) To allocate the limited number of dwelling units available annually hereunder, based
upon the goals, objectives and policies set forth in the comprehensive plan; and
(5) To implement goal 105 of the comprehensive plan.
Sec.138-25. Application procedures for residential ROGO.
Page 3 of 14
(a) Application for allocation. In each quarterly allocation period, the depaAment of planning
and environmental resources department shall accept applications to enter the residential
ROGO system . Except for allocations to be
reserved and awarded under section 138-24(b), the ROGO application €eFM must be
accompanied by an approved building permit application
fee -in order to be considered in the current allocation period. The planning director, or his
or her designee, shall review the ROGO application for completeness. If the application
is determined to be incomplete, the planning director, or his or her designee, shall reject
the ROGO application and notify the applicant of such rejection, and the reasons
therefore, within ten working days. The application shall be assigned a controlling date
that reflects the time and date of its submittal unless the application is determined to be
incomplete. If the application is rejected, then the new controlling date shall be assigned
when a complete application is submitted. The ROGO application shall be submitted in a
form provided by the planning and environmental resources department and meet the
following rgguuirements:
(1) The application shall include a) the name and address of the prouerty owner(s) of
record b) the property record card(s) from the Monroe County Property Appraiser, c)
a written legal description of the property proposed for development d) a boundary
survey of the propgM proposed for development prepared by a surveyor registered
in the State of Florida, showing the boundaries of the site, elevations, bodies of water
and wetlands on the site and adjacent to the site, existing structures including all
impervious areasexisting easements total acreage, and total acreage by habitat and
e) a site planThe boundary survey and site Qlan may be filed with the corresponding
building_ permit application Additional copies of the boundary survey and site plan
are not required to be filed with the ROGO application.
(2) If a conditional use permit is required in accordance with this Land Development
Code for the development applied for the conditional use permit shall be obtained
and effective prior to submittal of any ROGO application. A copy of the recorded
development order shall be submitted with the ROGO application.
(3) The site plan shall be prepared and sealed by a professional architect, engineer, or any
other professional licensed to prepare a site plan. The site plan shall be drawn to a
scale of one inch equals ten feet or one inch equals twenty feet. At a minimum, the
site plan shall depict the following features and information:
a. Date, north point and graphic scale;
b Boundary lines of site including all property lines and mean high-water lines
shown in accordance with Florida Statutes;
c. All attributes from the boundary survey;
d. Future Land Use Map (FLUM) designation(s) of the site;
e. Land Use (Zoning) District designations of site;
f. Tier designation(s) of the site;
g Flood zones pursuant to the Flood Insurance Rate Map;
h. Setback lines as required by this Land Development Code;
i Locations and dimensions of all existing and proposed structures, including all
paved areas and clear site triangles;
j Size and type of buffer yards and parking lot landscaping areas, including the
species and number of plants;
Page 4 of 14
k. Extent and area of wetlands, open space preservation areas and conservation
easements;
1. Delineation of habitat types to demonstrate buildable area on the site, including
My heritage trees identified and any potential species that may use the site
(certified by an approved biologist and based on the most current professionally -
recognized mapping by the U.S. Fish and Wildlife Service),
m. Drainage plan including existing and proposed topography, all drainage
structures retention areas, drainage swales and existing and proposed permeable
and impermeable areas;
n. Location of fire hydrants or fire wells;
o. The location of public utilities, including location of the closest available water
supply system or collection lines and the closest available wastewater collection
system or collection lines (with wastewater system provider) or on -site system
proposed to meet required County and State of Florida wastewater treatment
standards, and
p A table providing the total land area of the site the total buildable area of the site,
the type and number of all residential dwelling units, the amounts of impervious
and pervious areasand calculations for land use intensim 2pen space ratio, and
off-street parking.
(b) Fee for review of application. Each ROGO application shall be accompanied by a
nonrefundable processing fee as may be established by resolution of the board of county
commissioners. Additional fees are not required for successive review of the same
ROGO application unless the application is withdrawn and resubmitted.
(c) Compliance with other requirements. The ROGO application shall not constitute an
indication of-k4ieate whether or not the applicant for a residential dwelling tmi ROGO
allocation has satisfied and complied with all county, state and federal requirements
otherwise imposed by the county regarding conditions precedent to issuance of a building
permit .
(d) Xemeeunty Non -county time periods. The county shall develop necessary administrative
procedures and, if necessary, enter into agreements with other jurisdictional entities
which impose requirements as a condition precedent to development in the county, to
ensure that such nenee} non -county approvals, certifications and/or permits are not
lost due to the increased time requirements necessary for the county to process and
evaluate residential dwelling unit applications and issue allocation awards. The county
may permit evidence of compliance with the requirements of other jurisdictional entities
to be demonstrated by "coordinating letters" in lieu of approvals or permits.
(e) Limitation on number of applications.
(1) An individual entity or organization may submit only one ROGO application per
residential dwelling unit in each quarterly allocation period.
(2) There shall be no limit on the number of separate parcels for which ROGO
applications may be submitted by an individual, entity or organization.
Page 5 of 14
(3) A ROGO application for a given parcel shall not be for more residential dwelling
units than are permitted by applicable zoning or land use regulations or the
comprehensive plan.
(f) Expiration of allocation award. Except as provided for in this article, an allocation award
shall expire when its corresponding building permit is not picked up after 60 days of
notification by certified mail of the award or after issuance of the building permit, upon
expiration of the permit or after failure of the applicant to submit required plan revisions
by the required date set forth in subsection (i).
(g) Borrowing from future housing allocations.
(1) The planning commission may award additional units from future annual dwelliag
presidential ROGO allocations to fully grant an application for residential
dwellin units in a project if such an application receives an allocation award for
some, but not all, of the units requested.
(2) The board of county commissioners, in approving affordable housing allocations
pursuant to section 138-24(b), may reserve and award additional units from future
annual dwelling unit allocations if the number of available allocations is insufficient
to meet specific project needs.
(3) The planning commission shall not reduce any future market rate quarterly allocation
by more than 20 percent and shall not apply these reductions to more than the next
five annual allocations or 20 quarterly allocations.
(4) The board of county commissioners, upon recommendation of the planning
commission, may make available for award up to 100 percent of the affordable
housing allocations available over the next five annual allocations or 20 quarterly
allocations.
(h) Revisions of ROGO applications and awards.
(1) An applicant may elect to revise a ROGO application to increase the competitive
points in the application without prejudice or change in the controlling date if a
revision is submitted on a form approved by the planning director to the planning and
environmental resources department no later than 30 days following the planning
commission approval of the previous ROGO rankings. Any such revision shall not
involve changes to the approved building permit application. All other applications
that are withdrawn and resubmitted that do not increase the competitive points or
involve revisions to the approved building permit application shall be considered
new, requiring payment of appropriate fees and receiving a new controlling date.
(2) After receipt of an allocation award, and either before or after receipt of a building
permit, but prior to receipt of a certificate of occupancy, no revisions shall be made to
any aspect of the proposed residential development which formed the basis for the
evaluation review, determination of points and allocation rankings, unless such
revision would have the effect of increasing the points awarded.
(i) Clarification of application data.
(1) At any time during the dwelling im residential ROGO allocation review and
approval process; the applicant -may be requested by the direeter- ef planning director
Page 6 of 14
or the planning commission to submit additional information to clarify the
relationship of the allocation application, or any elements thereof, to the evaluation
criteria. If such a request is made, the dir-eeter. A planning director shall identify the
specific evaluation criterion at issue and the specific information needed and shall
communicate such request to the applicant.
(2) Upon receiving a request from the wester-ef planning director for such additional
information, the applicant may provide such information, or the applicant may
decline to provide such information and allow the allocation application to be
evaluated as submitted.
(i) Revisions of building permit applications requiring the ROGO allocation(s). A building
permit application for a proposed residential dwelling unit requiring a ROGO allocation
must be approved prior to submitting a ROGO application. In the event that the Florida
Building Code is amended between the date in which a ROGO application is submitted
and the date in which a building permit requiring the ROGO allocation(s)applied for is
issued which follows the date in which the required allocation(s) is awarded), if
necessary, the applicant shall submit plan revisions to the building_ permit application
demonstrating full compliance with the current Florida Building Code in effect. These
plan revisions shall be submitted within 180 days of the ROGO allocation award date or
the applicant shall forfeit the ROGO allocation award. Following receipt of the plan
revisions, the building department shall review the revisions as if the application is new
(however retaining the same building_ permit number for administrative purposes), based
on the building code, for compliance prior to issuance of the building_ permit requiring the
ROGO allocations by the building official. Such mandatory revisions and review are
limited to the modifications necessary to demonstrate compliance with the Florida
ilia Code in effect at the time of building T)ermit issuance. This is not aDDlicable to
the Land Develovment Code.
Sec. 138 47. Nonresidential rate of growth ordinance (NROGO).
(a) Definitions. The following words, terms and phrases, when used in this sestien article,
shall have the meanings ascribed to them in this sub 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 means the maximum floor area for which
building permits may issued during an annual allocation period.
Page 7 of 14
Buildable lot or parcel or the purposes of this chapter, means the a lot or parcel which
must contain a minimum of 2,000 square feet of uplands, including any disturbed
wetlands that can be filled .
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.
Covered walkways means a covered area of any length but no wider than five feet that is
used for providing weather protected pedestrian access from one part of a property to
another part of the same property.
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.
Infill means the development or redevelopment of land that has been bypassed, remained
vacant, and/or underused in otherwise built up areas which are serviced by existing
infrastructure.
Lawfully established for ROGOINROGO exemption means a residential dwelling unit or
nonresidential floor area that has received a permit or other official approval from the
division of %wowth management for the units unit and/or nonresidential floor area.
Nonresidential floor area means the sum of the gross floor area for a nonresidential
building or structure, as defined in section 101-1, any areas used for the provision of food
and beverage services and seating, whether covered or uncovered, and all covered,
unenclosed areas. Walkways, stairways, entryways, parking, and loading areas are not
considered nonresidential floor area. Additionally, boat barns, covered and unenclosed
boat racks with three or fewer sides not associated with retail sales of boats which do not
exceed 50 percent of the net buildable area of the lot/parcel are not considered
nonresidential floor area. The term "nonresidential floor area" does not include space
occupied by transient residential and institutional residential principal uses.
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 for- the prior to the application
and subsequent issuance of a building permit to authorize construction of new
nonresidential floor area.
Page 8 of 14
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. This is
considered a light industrial use and does not include waste transfer stations, junkyards,
yards or other heavy industrial uses.
Sunshade means an unenclosed structure used as protection from the weather.
(b) Purpose and intent. The purposes and intent of the nonresidential rate of growth
ordinance are:
(1) To facilitate implementation of goals, objectives and policies set forth in the
comprehensive plan relating to maintaining a balance between residential and
nonresidential growth.
(2) To maintain a ratio of approximately 239 square feet of nonresidential floor area for
each new residential permit issued through the residential rate of growth ordinance
(ROGO).
(3) To promote the upgrading and expansion of existing small -size businesses and to
retain the predominately small scale character of 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.138-52. - Application procedures for NROGO.
(a) Application for allocation. The planning and environmental resources department shall
accept applications to enter the NROGO system on f ffs ~ Aaea by the ~'1 5
dipeste . The NROGO application fefm must be accompanied by an approved building
permit application in order to be considered in the current annual allocation period. The
application must state for which allocation category an award is being sought, either
2,500 square feet or less; or 2,501 square feet or more. The planning
director, or his or her designee, shall review the NROGO application for completeness. If
the application is determined to be incomplete, the planning director, or his or her
designee, shall reject the NROGO application and notify the applicant of such rejection,
and the reasons therefor, within ten working days. If determined to be complete, the
application shall be assigned a controlling date. The NROGO application shall be
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submitted in a form provided by the planning and environmental resources department
and meet the following Mguirements:
(1) The application shall include a) the name and address of the property owner(s) of
record b) the property record card(s) from the Monroe Count�perty Appraiser, c)
a written legal description of the property proposed for development, d) a boundary
survey of the property_pMosed for development, prepared by a surveyor registered
in the State of Florida, showing the boundaries of the site, elevations, bodies of water
and wetlands on the site and adjacent to the site, existing structures including all
impervious areas, existing easements, total acreage and total acreage by habitat and e)
a site plan. The boundary survey and site plan may be filed with the corresponding
building_ permit application. Additional copies of the boundary survey and site plan
are not required to be filed with the NROGO application.
(22) If a conditional use permit is required in accordance with this Land Development
Code for the development applied for, the conditional use permit shall be obtained
and effective prior to submittal of any NROGO application. A copy of the recorded
development order shall be submitted with the NROGO application.
(3) The site plan shall be prepared and sealed by a professional architect, engineer, or any
other professional licensed to prepare a site plan. The site plan shall be drawn to a
scale of one inch equals ten feet or one inch equals twenty feet. At a minimum, the
site plan shall depict the following features and information:
a. Date, north point and graphic scale;
b. Boundary lines of site, including all property lines and mean high-water lines
shown in accordance with Florida Statutes;
c. All attributes from the boundary survey;
d. Future Land Use Map (FLUM) designation(s) of the site;
e. Land Use (Zoning) District designation(s) of site;
f. Tier designation(s) of the site;
g. Flood zones pursuant to the Flood Insurance Rate Map;
h. Setback lines as required by this Land Development Code;
i. Locations and dimensions of all existing and proposed structures, including all
paved areas and clear site trianes;
j. Size and type of buffer yards and parking lot landscaping areas, including the
species and number of plants;
k. Extent and area of wetlands, open space preservation areas and conservation
easements;
1. Delineation of habitat types to demonstrate buildable area on the site, including
any heritage trees identified and any potential species that may use the site
(certified by an approved biologist and based on the most current professionally -
recognized mapping by the U.S. Fish and Wildlife Service);
m. Drainage plan including_ existing and proposed topography, all drainage
structures retention areas, drainage swales and existing and proposed permeable
and impermeable areas;
n. Location of fire hydrants or fire wells;
o. The location of public utilities, including location of the closest available water
supply system or collection lines and the closest available wastewater collection
system or collection lines (with wastewater system provider) or on -site system
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proposed to meet required County and State of Florida wastewater treatment
standards, and
p. A table providing the total land area of the site, the total buildable area of the site,
the type and square footage of all nonresidential land uses, the type and number of
all residential dwelling units, the amounts of impervious and pervious areas, and
calculations for land use intensity, open space ratio, and off-street parking.,
(b) Fee for review of application. Each NROGO application shall be accompanied by a
nonrefundable processing fee m may be lished by resolution of the board of county
commissioners. Additional fees are not required for successive review of the same
NROGO application unless the application is withdrawn and resubmitted.
(c) Compliance with other requirements. The NROGO applisations application shall indiciate
not constitute an indication of whether or not the applicant for the nonresidential floor
area allocation has satisfied and complied with all county, state, and federal requirements
otherwise imposed by the county regarding conditions precedent to issuance of a building
permit .
(d) Time of review. NetvMhst&i4iag the time periods set fe#h in seefien PQ 142, the
&enter- a The planning director may retain the allocation application and its associated
building permit application for review pursuant to the evaluation procedures and criteria
set forth in section 138-53 and section 138-55.
(e) #eneemnty Non -county time periods. The county shall develop necessary administrative
procedures and, if necessary, enter into agreements with other jurisdictional entities
which impose requirements as a condition precedent to development in the county, to
ensure that such neeee} non -county approvals, certifications and/or permits are not
lost due to the increased time requirements necessary for the county to process and
evaluate NROGO applications and issue allocation awards. The
county may permit evidence of compliance with the requirements of other jurisdictional
entities to be demonstrated by coordination letters in lieu of approvals or permits.
(f) Limitation on number of applications.
(1) An individual entity or organization may have only one active NROGO application
per site in the amitmA allocation period.
(2) There shall be no limit on the number of separate projects for which NROGO
applications may be submitted by an individual, entity or organization.
(g) Expiration of allocation award. An allocation award shall expire when its corresponding
building permit is deemed to expire pursuant to chapter 102, article VII., of after 60 days
of mailing of notification for the award of the allocation of nonresidential floor area or
after failure of the applicant to submit required plan revisions by the required date set
forth in subsection M.
(h) Withdrawal of NROGO application. An applicant may elect to withdraw a NROGO
application. without prejudice at any time up to finalization of the evaluation rankings by
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the planning commission. Revision and resubmission of the withdrawn application must
be in accordance with subsection (i) of this section.
(i) Revisions to applications and awards.
(1) Upon submission of a NROGO application, an applicant may revise the application if
it is withdrawn and resubmitted prior to the allocation date for the allocation period in
which the applicant wishes to compete. Resubmitted applications shall be considered
new, requiring payment of appropriate fees and receiving a new controlling date.
(2) After receipt of an allocation award, and either before or after receipt of a building
permit being obtained, but prior to receipt of a certificate of occupancy or final
inspection, no revisions shall be made to any aspect of the proposed nonresidential
development which formed the basis for the evaluation review, determination of
points and allocation rankings, unless such revision would have the effect of
increasing the points awarded.
(3) After the receipt of an allocation award, a building permit and a certificate of
occupancy or final inspection, no revision shall be made to any aspect of the
completed nonresidential development which formed the basis for the evaluation,
review, determination of points and allocation rankings, unless such revisions are
accomplished pursuant to a new building permit and unless such revisions would
have the net effect of either maintaining or increasing the number of points originally
awarded.
0) Clarification of application data.
(1) At any time during the NROGO allocation review and approval process, the applicant
may be requested by the direeter- @ planning director or the planning commission, to
submit additional information to clarify the relationship of the allocation application,
or any elements thereof, to the evaluation criteria. If such a request is made, the
dir-ester-ef planning director shall identify the specific evaluation criterion at issue
and the specific information needed and shall communicate such request to the
applicant.
(2) Upon receiving a request from the dimateref planning director for such additional
information, the applicant may provide such information; or the applicant may
decline to provide such information and allow the allocation application to be
evaluated as submitted.
(k) Revisions of building permit applications requirin the NROGO allocation(s). A building
permit application for a proposed nonresidential floor area requiring a NROGO allocation
must be approved prior to submitting a NROGO application. In the event that the Florida
Building Code is amended between the date in which a NROGO application is submitted
and the date in which a building_ permit reguiring the NROGO allocation(s) applied for is
issued (which follows the date in which the required allocation(s) is awarded), if
necessary, the applicant shall submit plan revisions to the building -permit application
demonstrating full compliance with the current Florida Building Code in effect. These
plan revisions shall be submitted within 180 days of the NROGO allocation award date or
the applicant shall forfeit the NROGO allocation award. Following receipt of the plan
revisions, the building department shall review the revisions as if the application is new
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(however retaining the same building_ permit number for administrative purposes), based
on the building code, for compliance prior to issuance of the building permit requiring the
NROGO allocations by the building official. Such mandatory revisions and review are
limited to the modifications necessary to demonstrate compliance with the Florida
Building Code in effect at the time of building pe it issuance. This is not applicable to
the Land evelo ent Code.
Section 2. 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 3. Conflicting Provisions.
In the case of direct conflict between any provision of this ordinance and a portion or provision
of any appropriate federal, state, or County law, rule code or regulation, the more restrictive shall
apply.
Section 4. 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 5. Filing.
This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not
become effective until a notice is issued by the Florida State Land Planning Agency or
Administration Commission approving the ordinance.
Section 6. 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 7. Effective Date.
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
at a regular meeting held on the day of , 2012.
Mayor David Rice
Mayor Pro Tem Kim Wigington
Commissioner Heather Carruthers
Commissioner Sylvia Murphy
Commissioner George Neugent
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, CLERK
By By
Deputy Clerk
Mayor David Rice
Lt; "no-=W.wit
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