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Item J1BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 18, 2012 Division: Growth Management Bulk Item: Yes _ X No Department: Planning & Environmental Resource Staff Contact Person: Tiffany Stankiewicz ext 2513 AGENDA ITEM WORDING: Approval of a Resolution rescinding Resolution 411-2011 concerning NROGO square footage availability for Year 20 and approving all accumulated NROGO in the Big Pine/No Name Key subarea to be available for allocation in Year 20, and re -affirming the previous recommendation for the Lower/Upper Keys subarea NROGO Square footage for Year 20. ITEM BACKGROUND: The "maximum annual allocation" and the distribution between the first and second allocation dates are determined by the Board of County Commissioners (BOCC), upon the recommendation of the Planning Director and the Planning Commission. On October 18, 2011, the Planning Commission adopted Resolution P33-11 recommending that 47,200 square feet of commercial floor area be made available for Year 20 NROGO allocation. The Lower/Upper Keys area had 44,700 square feet in total for distribution of small and large allocations; the Big Pine/No Name Key area had 2,500 square feet in total. On November 16, 2011 the BOCC approved Resolution 411-2011 for 47,200 square feet of commercial floor area to be made available for Year 20 NROGO allocations. On March 28, 2012 the Planning Commission approved Resolution P10-12 rescinding Planning Commission Resolution P33-11 and recommending by resolution that the BOCC allow all accumulated 11,839 NROGO square footage be available to the Big Pine/No Name Key Subarea for Year 20 and re -affirming the previous recommendation for the Lower/Upper Keys subarea of 44,700 NROGO square footage be available for Year 20 NROGO. 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. Board of County Commissioners Resolution 411-2011 approved the NROGO square footage to be made available in NROGO Year 20. CONTRACT/AGREEMENT CHANGES: N/A. STAFF RECOMMENDATION: Approval TOTAL COST: X COST TO COUNTY: N/A BUDGETED: Yes N/A No SOURCE OF FUNDS: N/A 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 #, RESOLUTION NO. -2012 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS RESCINDING RESOLUTION 411-2011 AND APPROVING ALL ACCUMULATED NROGO SQUARE FOOTAGE IN THE BIG PINE/NO NAME KEY SUBAREA TO BE AVAILABLE FOR YEAR 20 AND RE- AFFIRMING THE PREVIOUS RECOMMENDATION FOR THE LOWER/UPPER KEYS SUBAREA NROGO SQUARE FOOTAGE FOR YEAR 20, FROM JULY 13, 2011 TO JULY 12, 2012, TO BE AVAILABLE PURSUANT TO SECTION 138-51 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, 2011 to July 12, 2012; 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, BOCC Resolution 411-2011 made forty-four thousand seven hundred (44,700) square feet of commercial floor area available in the Lower/Upper Keys area available 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; and WHEREAS, BOCC Resolution 411-2011 made twenty five hundred (2,500) square feet of commercial floor area available in the Big Pine/No Name Keys subarea available for small (2,500 square feet or less) allocations; and WHEREAS, 11,839 square feet of commercial floor area was unused at the beginning of NROGO Year 20 in the Big Pine/No Name Keys area; and WHEREAS, the Livable Communikeys Program, Master Plan for Future Development of Big Pine Key and No Name Key limits the non-residential area square footage to be released over a twenty year horizon, to approximately 2,390 square feet of floor area to be made available per year; WHEREAS, Monroe County Code Section First 138-51(i) states that fast allocations for the Big Pine Key and No Name Key subarea (starting ROGO year 15, quarter 1), the maximum amount of floor area available for allocation shall be based on the number of permits issued under the 200 allocations authorized by the Big Pine Key and No Name Key Community Master Plan and the number of ROGO allocations to be made available in the ROGO year 15, beginning July 14, 2006. WHEREAS, the Monroe County Planning Commission during a regular meeting held on October 18, 2011, reviewed, discussed and approved, the Sr. Director of Planning & Environmental Resources' recommendation to the Planning Commission for NROGO Year 20 commercial floor area; and WHEREAS, the Monroe County Planning Commission on March 28, 2012 approved NROGO allocations based on BOCC Resolution 411-2011; and WHEREAS, on March 28, 2012 the Monroe County Planning Commission rescinded Resolution P33-11 and adopted Resolution P10-12 to allow all accumulated NROGO in the Big Pine/No Name Key subarea to be available for Year 20 and re- affirming the previous recommendation for the Lower/Upper Keys subarea to be made available for Year 20 as follows: A. Lower & Upper Keys Subarea: 1) The maximum amount of available non-residential floor area for the annual NROGO allocation for Year 20 of the Lower & Upper Keys subarea shall be 44,700 square feet. 2) Year Twenty (20) will begin July 13, 2011 and will end on July 12, 2012, with the first allocation period ending on January 12, 2012 and the second allocation period ending on July 12, 2012. 3) The first allocation period shall allow 33,525 for small (2,500 square feet or less) allocations and 11,175 for large (more 2,500 square feet) allocations. The balance from the first allocation period shall be held in reserve for the second allocation period in their respective categories. B. Big Pine/No Name Key Subarea: 1. The maximum amount of available non-residential floor area for the annual NROGO allocation for Year 20 of the Big Pine/No Name Keys subarea shall be 11,839 square feet for small (2,500 square feet or less) allocations. 2. Year Twenty (20) will begin July 13, 2011 and will end on July 12, 2012, with the first allocation period ending on January 12, 2012 and the second allocation period ending on July 12, 2012. 3. The first allocation shall allow for 2,500 square feet and the balance from the first allocation period shall be held in reserve for the second allocation period ending July 12, 2012. 4. The second allocation shall include the 9,339 square feet of additional unallocated commercial floor are from previous years. 5. One hundred percent of the available floor area for each allocation period shall be for applicants requesting 2,500 square feet or less. WHEREAS, the Board of County Commissioners concurs with the staff's amended recommendation; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. The Board of County Commissioners (BOCC) ratifies all NROGO Allocations previously made pursuant to BOCC Resolution 411-2011. Section 2. BOCC Resolution 411-2011 is hereby rescinded and future NROGO allocations shall be awarded pursuant to this resolution. Section 3. The BOCC recommends approval to the Board of County Commissioners that 56,539 square feet of commercial floor area be made available as follows: A. Lower & Upper Keys Subarea: 1) The maximum amount of available non-residential floor area for the annual NROGO allocation for Year 20 of the Lower & Upper Keys subarea shall be 44,700 square feet. 2) Year Twenty (20) will begin July 13, 2011 and will end on July 12, 2012, with the first allocation period ending on January 12, 2012 and the second allocation period ending on July 12, 2012. 3) The first allocation period shall allow 33,525 for small (2,500 square feet or less) allocations and 11,175 for large (more 2,500 square feet) allocations. The unused balance from the first allocation period shall be available for the second allocation period in their respective categories. B. Big Pine/No Name Key Subarea: 1. The maximum amount of available non-residential floor area for the annual NROGO allocation for Year 20 of the Big Pine/No Name Key subarea shall be 11,839 square feet for small (2,500 square feet or less) allocations. 2. Year Twenty (20) will begin July 13, 2011 and will end on July 12, 2012, with the first allocation period ending on January 12, 2012 and the second allocation period ending on July 12, 2012. 3. The first allocation shall allow for 2,500 square feet and the unused balance from the first allocation period shall be available for the second allocation period ending July 12, 2012. 4. The second allocation shall include the 9,339 square feet of additional unallocated commercial floor area from previous years. 5. One hundred percent of the available floor area for each allocation period shall be for applicants requesting 2,500 square feet or less. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 18" day of April, 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 �I (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK Mayor David Rice MONK E OUNTY ATTORNEY P ? ED AS TO FORM ., Ral a' MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring, professional and fair To: Board of County Commissioners Through: Christine Hurley, Growth Management Director From: Townsley Schwab, Sr Director of Planning & Environmental Resources Date: March 27, 2012 Subject: Rescission of Board of County Commissioners (BOCC) Resolution 411-2011 and Recommendation to the BOCC to allow all accumulated NROGO square footage prior years in the Big Pine/No Name Key Subarea to be available for Year 20 (July 13, 2011-July 12, 2012) 1 Meeting Date: April 18, 2012 2 3 BACKGROUND 4 5 On March 28, 2012 the Planning Commission rescinded Resolution P33-11 and made a 6 recommendation to the BOCC to allow all accumulated NROGO square footage in the Big 7 Pine/No Name Key Subarea to be available for Year 20 (July 13, 2011-July 12, 2012) 8 9 On November 16, 2011 the Board of County Commissioners (BOCC) adopted Resolution 10 411-2011 regarding the annual square footage availability for NROGO Year 20 (July 13, 2011 11 to July 12, 2012). 12 13 The Big Pine/No Name Key Subarea currently has two applications which exceed the available 14 NROGO square footage in BOCC Resolution 411-2011 of 2,500 square feet or less. The Big 15 Pine/No Name Key Subarea in the last several years has had limited demand in NROGO for 16 commercial square footage. The Big Pine/No Name Key Subarea has an additional surplus of 17 approximately 9,339 NROGO square feet. Therefore, staff is proposing an amended 18 recommendation to the Planning Commission to request the BOCC to rescind Resolution 411- 19 2011 and make available the cumulative SF available in the Big Pine/No Name Key Subarea 20 from Year 15 thru 20 for small allocations by a new resolution. 21 22 Staff will audit the Lower/Upper Keys excluding the Big Pine/No Name Key Subarea to 23 determine the unused square footage, and will recommend for NROGO Year 21 that all SF be 24 made available. 25 Report NROGO Y20 BOCC SR 03272012 Page 1 of 6 1 Monroe County Comprehensive Plan provides Goals, Objectives and Policies to manage 2 future growth and establish systems for regulating and distributing growth within the County. 3 Objective 101.3 establishes the non-residential permit allocation system (NROGO) and directs 4 the County to regulate non-residential development to maintain a balance of land uses to serve 5 the needs of the future population of Monroe County. Policy 101.3.1 further requires a 6 balance between residential and non-residential development by maintaining a ratio of 7 approximately 239 square feet of new non-residential development for each new residential 8 unit permitted through the Residential Permit Allocation System. 9 10 The Monroe County Code implements the Comprehensive Plan and provides specific 11 provisions for regulating non-residential development. 12 13 Section 138-47(b) provides the purpose and intent of the Non -Residential Rate of Growth 14 Ordinance (NROGO): 15 16 1. To facilitate implementation of goals, objectives and policies set forth in the 17 comprehensive plan relating to maintaining a balance between residential and non- 18 residential growth. 19 2. To maintain a ratio of approximately 239 square feet of nonresidential floor area for 20 each new residential permit issued through the residential rate of growth ordinance 21 (ROGO). 22 3. To promote the upgrading and expansion of existing small -size businesses and to retain 23 the predominantly small scale character of nonresidential development in the Florida 24 Keys. 25 4. To regulate the rate and location of nonresidential development in order to eliminate 26 potential land use conflicts. 27 5. To allocate the non-residential floor area annually hereunder, based on the goals, 28 objectives and policies of the comprehensive plan and the Livable CommuniKeys 29 master plans. 30 31 As mentioned above, non-residential growth is tied to residential growth by maintaining a ratio 32 of approximately 239 square feet of new non-residential development for each new residential 33 unit. Monroe County Code Section 138-24(a) and Rule 28-20.140, F.A.C., states the available 34 annual allocation is 197 residential allocations. Big Pine Key/No Name Key subarea is allotted 35 10 allocations from this total and the remaining area outside of Big Pine Key/No Name Key 36 subarea is allotted 187 allocations. 37 38 Monroe County Code Section 138-47(a) provides the definition for NROGO. The "annual 39 nonresidential ROGO allocation," is the maximum floor area for which building permits may 40 be issued during an annual allocation period. The "annual allocation period" is the 12-month 41 period beginning on July 14, 2001, and subsequent one-year periods that is used to determine 42 the amount of nonresidential floor area to be allocated based on the number of ROGO 43 allocations to be issued in the upcoming ROGO year. 44 Report NROGO Y20 BOCC SR 03272012 Page 2 of 6 1 As described above, maximum annual allocation is determined by multiplying the number of 2 available residential allocations for the residential allocation period year by 239 square feet 3 (SF) and then round the product to the nearest 100 SF (for example: 197 X 239). The Board of 4 County Commissioners, upon the recommendations of the Planning Director and the Planning 5 Commission, determines the maximum amount of floor area and its distribution for two 6 NROGO periods. 7 8 Section 138-51 of the Monroe County Code, establishes the procedure for allocating the non- 9 residential floor area distribution based upon the second and fourth ROGO quarter closure 10 dates. The ROGO closure dates for the second quarter is January 1 P and for the fourth 11 quarter is July 12. Therefore, the NROGO closure dates for the first period is January 12t' and 12 for the second period is July 12t'. 13 14 Additionally, Section 138-51(b) limits a maximum of 2,500 square feet for any one site, except 15 for sites located within a designated community center overlay area. For sites located in a 16 community center overlay area, the maximum allocation shall only be limited by the maximum 17 floor area per structure in Section 138-51(c). And, Section 138-51(d) states, "A minimum of 18 75 percent of the available floor area to be allocated in any annual allocation period shall be 19 for applications requesting floor area of 2,500 square feet or less. The remaining 25 percent 20 may be allocated to applications requesting floor area of more than 2,500 square feet." 21 22 Additional background specific to the Big Pine/No Name Key Sub -area: 23 24 1) In 1998, the Florida Department of Transportation, Monroe County, the Florida 25 Department of Community Affairs, the U.S. Fish and Wildlife Service and the 26 Florida Fish and Wildlife Conservation Commission signed a Memorandum of 27 Agreement to develop a Habitat Conservation Plan (HCP) for the Key Deer and 28 other protected species in the project area. 29 30 2) The Livable Communikeys Program (LCP), Master Plan for Future 31 Development of Big Pine Key and No Name Key was adopted on August 18, 32 2004 under Ordinance 029-2004. The LCP envisioned 47,800 square feet of 33 non-residential floor area over the next twenty years to be used for infill and 34 expansion of existing businesses. The LCP limits non-residential development 35 to Tier III disturbed and scarified uplands. Based on the non-residential area 36 square footage envisioned to be released over the twenty year horizon, 37 approximately 2,390 square feet of floor area can be made available per year. 38 39 3) Monroe County Code Section First 138-51(i) states that first allocations for the 40 Big Pine Key and No Name Key subarea (starting ROGO year 15, quarter 1), 41 the maximum amount of floor area available for allocation shall be based on the 42 number of permits issued under the 200 allocations authorized by the Big Pine 43 Key and No Name Key Community Master Plan and the number of ROGO 44 allocations to be made available in the ROGO year 15, beginning July 14, 2006. 45 Report NROGO Y20 BOCC SR 03272012 Page 3 of 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 4) Approximately 9,192 SF of NROGO has been allocated in the Big Pine/No Name Key Subarea from year 15 thru 19. CALCULATIONS FOR YEAR 20 AND FLOOR AREA TO BE MADE AVAILABLE A. Lower/Upper KM: 187 ROGO Allocations are available for Year 20 Square Footage for Year 20 ROGO (187 ROGO x 239 Square Feet) 44,693 Pursuant to MCC Section 138-51, there are 44,700 square feet to be distributed into small (2,500 square feet or less) and large (more 2,500 square feet) allocations. 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 Year small (2,500 square feet or less) 33,525* 0 33,525 large (more than 2,500 square feet) 11,175* 0 11,175 Total 44,700* 0 44,700 *Note if any of the square footage is unused after the allocation of Period 1 the unused balance will rollover to Period 2. B. Big Pine/No Name Keys: NROGO Square Footage according to LCP 47,800 Report NROGO Y20 BOCC SR 03272012 Page 4 of 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Big Pine/No Name Key Subarea Calculations to Determine NROGO SF Availability 11 Permits Issued for Applicants from Q3Y11to Y14 by July 14, 2006 23 Mkt Allocations made Year 15 (July 15, 2006-July 12, 2007) 4 A FH Allocations made Year 15 239 Square Footage (SF) per residential unit 9,082 Total NROGO SF available Q3Y11 to Year 15 [MCC Sec 138-51(i)] 2,390 NROGO Year 16 (July 13, 2007-July 12, 2008) 2,390 NROGO Year 17 (July 13, 2008-July 12, 2009) 2,390 NROGO Year 18 (July 13, 2009-July 12, 2010) 2,390 NROGO Year 19 (July 13, 2010-July 12, 2011) 2,390 NROGO Year 20 (July 13, 2011-July 12, 2012) 11,950 Total NROGO SF available Years 16-20 9,082 Total NROGO SF available Q3Y11 to Year 15 (MOC Sec 138-51(1) 11,950 Total NROGO SF available Years 16-20 21,032 Total NROGO SF available Quarter 3 Year 11 thru Year 20 9,193 Total NROGO Allocated Years 15 thru 19) 11,839 Total NROGOSF unused at the beginnnig of NROGO Year 20 2, 500 BOCC Resolution 411-2011 Dated Nov. 16, 2011 made SF available 9,339 Remaining balance not currently available in NROGO Year 20 as of Feb. 15, 2012 Total Non -Residential Square Footage unused Year 15 through and including Year 20 (July 13, 2011-July 12, 2012): 11,839 RECOMMENDATION The Planning & Environmental Resources Director recommends the previously approved BOCC Resolution 411-2011 be rescinded and a new resolution approved with the change to the Big Pine/No Name Key Subarea. The following is the Planning & Environmental Resources Director revised recommendation: 56,539 square feet is the maximum amount of available non-residential floor area for the annual NROGO allocation for Year 20, to be distributed as follows: A. Lower & Upper Keys Subarea: 1. The maximum amount of available non-residential floor area for the annual NROGO allocation for Year 20 of the Lower & Upper Keys subarea shall be 44,700 square feet. Report NROGO Y20 BOCC SR 03272012 Page 5 of 6 1 2. Year Twenty (20) will began July 13, 2011 and will end on July 12, 2012, the first 2 allocation period ended on January 12, 2012 and the second allocation period will end on 3 July 12, 2012. 4 5 3. The first allocation period shall have 33,525 square feet for small (2,500 square feet or 6 less) allocations and 11,175 for large (more than 2,500 square feet) allocations. The 7 unused balance from the first allocation period shall be held in reserve for the second 8 allocation period in their respective categories. 9 10 B. Bis Pine/No Name Key Subarea: 11 12 1. The maximum amount of available non-residential floor area for the annual NROGO 13 allocation for Year 20 of the Big Pine/No Name Keys subarea shall be 11,839 square feet. 14 15 2. Year Twenty (20) began July 13, 2011 and ended on July 12, 2012, the first allocation 16 period ended on January 12, 2012 and the second allocation period will end on July 12, 17 2012. 18 19 3. The first allocation shall be for 2,500 SF and the balance from the first allocation period 20 shall be held in reserve for the second allocation period ending July 12, 2012. 21 22 4. The second allocation period shall include the unused balance from the first period if any 23 plus 9,339 SF. 24 25 5. One hundred percent of the available floor area for each allocation period shall be available 26 for applicants requesting 2,500 SF or less. Report NROGO Y20 BOCC SR 03272012 Page 6 of 6 RESOLUTION #P10-12 A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION RESCINDING RESOLUTION 33-11 AND RECOMMENDING TO THE BOARD OF COUNTY COMMISSIONERS TO ALLOW ALL ACCUMULATED NROGO IN THE BIG PINE/NO NAME KEY SUBAREA TO BE AVAILABLE FOR YEAR 20 AND RE -AFFIRMING THE PREVIOUS RECOMMENDATION FOR THE LOWER/UPPER KEYS SUBAREA NROGO SQUARE FOOTAGE BE MADE AVAILABLE FOR YEAR 20 NROGO, BEGINNING JULY 13, 2011 AND ENDING JULY 12, 2012, PURSUANT TO SECTION 138-51 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, Section 138-47, 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 Monroe County Planning Commission during a regular meeting held on September 14, 2011, reviewed and approved the Planning Director's recommendation for Year 20 commercial floor area as memorialized in Resolution 28-11 which recommended small allocations only; and WHEREAS, the Monroe County Planning Commission during a regular meeting held on October 18, 2011, reviewed and approved the Planning Director's recommendation to rescind Resolution 28-11 and approve commercial floor area as memorialized in Resolution 33-11 which recommended small and large allocations; and WHEREAS, the staff received new information regarding demand for NROGO square footage and the number of applications and requested commercial area in P10-12 Page 1 of the Big Pine/No Name Key Subarea subsequently to the Board of County Commissioners meeting on November 16, 2011; and WHEREAS, the Development Administrator prepared a revised report dated March 16, 2012 to the Planning Commission with a new recommendation for the Big Pine/No Name Key Subarea; and WHEREAS, the new recommendation for the Big Pine/No Name Key subarea is to include the additional surplus of 9,339 square feet to the 2,500 square feet the Board of County Commissioners already made available in Resolution 411-2011 for small(2,500 square feet or less) allocations; and WHEREAS, the Planning Commission was presented with the following evidence: 1. The memorandum entitled Non -Residential Commercial Floor Area Evaluation Report, Year 20, from Tiffany Stankiewicz, Development Administrator to the Monroe County Planning Commission, dated March 16, 2012; and 2. The sworn testimony by the Monroe County Growth Management Division staff; and WHEREAS, the Planning Commission has made the following Findings of Fact: 1. Based on the memorandum and testimony of Tiffany Stankiewicz, Development Administrator, there are forty-four thousand seven hundred square feet of commercial floor area available in unincorporated Monroe County excluding the Big Pine/No Name Key subarea for NROGO Year 20; and 2. Based on the memorandum and testimony of Tiffany Stankiewicz, Development Administrator, there are 9,339 square feet of additional commercial floor area available in the Big Pine/No Name Key area to be made available from the previous years in addition to the 2,500 square feet of non-residential floor area approved in Planning Commission Resolution P33- 11; and 3. Based on the Planning Department's recommendation the maximum amount of available non-residential floor area for the annual NROGO allocation for Year 20 shall be 56,539 square feet; and 4. Based on the Planning Department's recommendation, the non-residential floor area for the annual NROGO allocation for Year 20 for the unincorporated area excluding Big Pine/No Name Key shall be forty-four thousand seven hundred square feet and will have 33,525 square feet P 10-12 Page 2 of 4 distributed to small (2,500 square feet or less) allocations and 11,175 square feet distributed to large (more than 2,500 square feet) allocations; and 5. Based on the Planning Department's recommendation, the unused commercial area from NROGO Year 20 Period 1 for the unincorporated area excluding Big Pine/No Name Key area shall be available in Period 2 for small and large allocations; and 6. Based on the Planning Department's recommendation for the Big Pine/No Name Key area, the non-residential floor area for the annual NROGO allocation for Year 20 shall include the additional commercial floor area of 9,339 square feet added to the 2,500 square feet used in Period 1 for a total of 11,839 square feet for Year 20; and 7. Based on the Planning Department's recommendation, the first allocation for the Big Pine/No Name Key area shall be up to twenty-five hundred square feet and any remainder shall be made available for the second allocation period ending July, 2012; NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE COUNTY, FLORIDA, that the preceding Findings of Fact and Conclusions of Law support the decision of the Planning Commission as follows: Section 1. Planning Commission Resolution 33-11 is hereby rescinded. Section 2. The Planning Commission recommends approval to the Board of County Commissioners that 56,539 square feet of commercial floor area be made available as follows: A. Lower & Upper Keys Subarea: 1. The maximum amount of available non-residential floor area for the annual NROGO allocation for Year 20 of the Lower & Upper Keys subarea shall be 44,700 square feet. 2. Year Twenty (20) will begin July 13, 2011 and will end on July 12, 2012, with the first allocation period ending on January 12, 2012 and the second allocation period ending on July 12, 2012. 3. The first allocation period shall allow 33,525 for small (2,500 square feet or less) allocations and 11,175 for large (more 2,500 square feet) allocations. The unused balance from the first allocation period shall be available for the second allocation period in their respective categories. P10-12 Page 3 of 4 B. Big Pine/No Name Key Subarea: 1. The maximum amount of available non-residential floor area for the annual NROGO allocation for Year 20 of the Big Pine/No Name Keys subarea shall be 11,839 square feet for small (2,500 square feet or less) allocations. 2. Year Twenty (20) will begin July 13, 2011 and will end on July 12, 2012, with the first allocation period ending on January 12, 2012 and the second allocation period ending on July 12, 2012. 3. The first allocation shall allow for 2,500 square feet and the unused balance from the first allocation period shall be available for the second allocation period ending July 12, 2012. 4. The second allocation shall include the 9,339 square feet of additional unallocated commercial floor area from previous years. 5. One hundred percent of the available floor area for each allocation period shall be for applicants requesting 2,500 square feet or less. PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida, at a regular meeting held on the 28th day of March 28, 2012. Chairman Werling Commissioner Wall Commissioner Hale Commissioner Wiatt Commissioner Lustberg PLANNIN OMMISSIO OF MONROE COUNTY, FLORIDA BY Denise Werling, Chai an Signed this 28th day of March, 2012 FILED W N THE YES YES YES YES YES EY MAR 2 8 2012 MAP E` E NT O OOR Date: AGENCY CLERIC P10-12 Page 4 of 4