Item H5
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 21. 2009
Division:
Growth Management
Bulk Item: Yes
x
No
Department: Planning & Environmental Resource
Staff Contact Person: Townsely Schwab
AGENDA ITEM WORDING: Approval of a Resolution to allow twenty-two thousand five hundred
(22,500) square feet of commercial floor area to be made available for Year 18 Non-Residential Rate
of Growth (NROGO) Annual Allocation.
ITEM BACKGROUND: The "maximum annual allocation" and the distribution between the first and
second allocation dates are determined by the Board of County Commissioners, upon the
recommendation of the Planning Director and the Planning Commission. On September 23, 2009 the
Planning Commission amended the Planning & Environmental Resources Director recommendation of
the accumulation of unused commercial square footage. Therefore, the Planning Commission adopted
Resolution P46-09 recommending that twenty-two thousand five hundred (22,500) square feet of
commercial floor area be made available for Year 18 NROGO allocation. The LowerlUpper Keys area
shall be twenty thousand square feet in total and the Big PinelNo Name Key area shall be twenty-five
hundred square feet in total. The NROGO square footage will be made available in two allocation
periods.
PREVIOUS RELEVANT BOCC ACTION: Board of County Commissioners approved Ordinance
#032-2001 (Adoption of Non-Residential Rate of Growth) on September 19, 2001; and Ordinance
#011-2006 (Revised Non-Residential Rate of Growth - Tier Ordinance) on March 15, 2006.
CONTRACT/AGREEMENT CHANGES: N/A.
STAFF RECOMMENDATION: Approval
TOT AL COST:
x
BUDGETED: Yes N/A No
COST TO COUNTY:
N/A
SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes N/A No
AMOUNT PER MONTH N/A Year N/A
APPROVED BY: County Atty ..1L OMBlPurchasing N/ A
Risk Management N/ A
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
RESOLUTION NO. -2009
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING FOR YEAR 18,
FROM JULY 14, 2009 TO JULY 12, 2010, TWENTY-TWO
THOUSAND FIVE HUNDRED SQUARE FEET OF NON-
RESIDENTIAL FLOOR AREA TO BE AVAILABLE
PURSUANT TO SECTION 138-47 OF THE MONROE COUNTY
CODE.
WHEREAS, Policy 101.3 of the Monroe County Year 2010 Comprehensive
Plan (2010 Plan) requires Monroe County to regulate non-residential development to
maintain a balance of land uses; and
WHEREAS, Monroe County Code, 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 ROGO and NROGO year runs from July 14,2009 to July 12,
2010; and
WHEREAS, Monroe County Code, Section 138-47, NROGO provides for a
recommendation by the Acting Planning Director, 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) and large size allocations; and
WHEREAS, no large size allocations are necessary at this time;
WHEREAS, there are approx imatel y 208,161 square feet of commercial floor
area available in the Lower/Upper Keys area through the end ofNROGO Year 17; and
WHEREAS, there is approximately 36,810 square feet of commercial floor area
available in the Big Pine/No Name Keys area through the end ofNROGO Year 17; and
WHEREAS, the Monroe County Planning Commission during a regular meeting
held on September 23, 2009, conducted a public hearing to review, discuss, and make
formal motions regarding the Planning Director's recommendation to the Planning
Commission for Year 18 commercial floor area; and
WHEREAS, the Monroe County Planning Commission adopted by Resolution
P46-09 that twenty-two thousand five hundred (22,500) square feet of commercial floor
area be made available as follows:
LowerlUpper Keys area:
1. The maximum amount of available non-residential floor area for the annual NROGO
allocation for Year 18 of the Lower & Upper Keys subarea shall be twenty thousand (20,000)
square feet in total.
2. The first allocation period shall have ten thousand (10,000) square feet and the remainder
shall be held in reserve for the second allocation period ending July 12,2010.
3. All NROGO applications are limited to twenty-five hundred (2,500) square feet or less for
each period.
4. Year Eighteen (18) will begin July 14, 2009 and will end on July 12, 2010, with the first
allocation period ending in January 12,2010 and the second allocation period ending July 12,
2010.
Big Pine/No Name Keys area:
1. The maximum amount of available non-residential floor area for the annual NROGO
allocation for Year 18 of the Big Pine/No Name Keys subarea shall be twenty-five hundred
(2,500) square feet in total.
2. The first allocation period shall have 2,500 square feet and the remainder shall be held in
reserve for the second allocation period ending July 12,2010.
3. Year Eighteen (18) will begin July 14, 2009 and will end on July 12, 2010, with the first
allocation period ending in January 12,2010 and the second allocation period ending July 12,
2010.
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
For the Year 18 NROGO allocation period, that twenty-two thousand five hundred
(22,500) square feet of commercial floor area be made available as follows:
1. LowerlUpper Keys area:
a) The maximum amount of available non-residential floor area for the annual
NROGO allocation for Year 18 of the Lower & Upper Keys subarea shall be
twenty thousand (20,000) square feet in total.
b) The first allocation period shall have ten thousand (10,000) square feet and the
remainder shall be held in reserve for the second allocation period ending July
12,2010.
c) All NROGO applications are limited to twenty-five hundred (2,500) square feet
or less for each period.
d) Year Eighteen (18) will begin July 14,2009 and will end on July 12,2010, with
the first allocation period ending in January 12, 2010 and the second allocation
period ending July 12,2010.
2. Big PineINo Name Keys area:
a) The maximum amount of available non-residential floor area for the annual
NROGO allocation for Year 18 of the Big Pine/No Name Keys subarea shall be
twenty-five hundred (2,500) square feet in total.
b) The first allocation period shall have 2,500 square feet and the remainder shall be
held in reserve for the second allocation period ending July 12,2010.
c) Year Eighteen (18) will begin July 14,2009 and will end on July 12,2010, with
the first allocation period ending in January 12, 2010 and the second allocation
period ending July 12,2010.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting held on the 21st day of October, 2009.
Mayor Neugent
Mayor Pro Tern Murphy
Commissioner Wigington
Commissioner Carruthers
Commissioner Di Gennaro
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor: George Neugent
Signed this 21 st day of October, 2009
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
.,"
MEMORANDUM
MONROE COUNTY PLANNING & ENVIRONMENTAL REsOURCES DEPARTMENT
We strive to be caring, professional andfair
To:
Board of County Commissioners
From:
Townsley Schwab, Sr Director of Planning & Environmental Resources ~
Susan Grimsley, Acting Growth Management Director
Through:
Date:
October 1, 2009
Subject:
Non-Residential Floor Area Evaluation Report Year 18 (July 14, 2009-July 12, 2010)
Meeting Date: October 21,2009
BACKGROUND
Monroe County Code, Section 138-47, Non-Residential Rate of Growth Ordinance (NROGO),
establishes the procedure for allocating the non-residential floor area. The "maximum annual
allocation", and the distribution between the first and second allocation dates, will be determined by
the Board of County Commissioners upon the recommendations of the Planning Director and the
Planning Commission. This will provide flexibility in assuring the goals of the ordinance are being
accomplished. The floor area that is not made available, or that remains unused in the current year,
will be carried forward.
The following is a summary of the square footage of non-residential floor area that was made available
for allocation in unincorporated Monroe County, and the actual square footage allocated, from Year
10 through Year 17.
YEAR
AMOUNT AVAILABLE
ALLOCATIONS AWARDED
Year 10
Year 11
Year 12
Year 13
Year 14
Year 15
Year 16
Year 17
22,150 square feet
16,000 square feet
16,000 square feet
16,000 square feet
16,000 square feet
18,000 square feet
35,000 square feet
30,000 square feet
18,222 square feet
5,300 square feet
15,689 square feet
10,925 square feet
12,594 square feet
12,500 square feet
17,938 square feet
13,056 square feet
On March 15,2006, the Board of County Commissioners adopted Ordinance 01l-2006 to implement
the Tier System, and subsequently, it was challenged by Florida Keys Citizens Coalition, Inc. and
Protect Key West and the Florida Keys, Inc., d/b/a Last Stand. Thomas G. Pelham, Secretary,
Report NROGO Y 18 BOCC SR.doc
Page I of 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
Department of Community Affairs signed the final order deciding the challenge on September 26,
2007. No appeal was taken by the parties.
The Tier System, made changes such as separate districts for allocation distribution, basis of scoring
applications, and administrative relief. The new districts are as follows: A) Lower Keys (Middle
Keys now included in the Lower Keys) & Upper Keys and B) Big Pine/No Name Key are the
subareas for NROGO.
Additional background specific to the Big PinelNo Name Key Sub-area:
I) In 1998, the Florida Department of Transportation, Monroe County, the Florida
Department of Community Affairs, the U.S. Fish and Wildlife Service and the
Florida Fish and Wildlife Conservation Commission signed a Memorandum of
Agreement to develop a Habitat Conservation Plan (HCP) for the Key Deer and
other protected species in the project area.
2) The Livable Communikeys Program (LCP), Master Plan for Future Development of
Big Pine Key and No Name Key was adopted on August 18,2004 under Ordinance
029-2004. The LCP envisioned 47,800 square feet of non-residential floor area over
the next twenty years to be used for infill and expansion of existing businesses.
Development is limited to Tier ill disturbed and scarified uplands. Based on the
above non-residential area square footage envisioned to be released over the twenty
year horizon, approximately, 2,390 square feet of floor area could be made available
per year. The author of the LCP, concluded that much of the new floor area is to be
used for redevelopment and expansion of existing businesses and that it would be
more than adequate to accommodate future expansions.
Action Item 5.1.2 Limit floor area allocations to 2,500 square feet per organization
per year.
3) The following is a summary of the square footage of non-residential floor area that
was allocated on Big Pine/No Name Key Subarea from 2003 to July 2009.
YEAR
Year 13
Year 15
Year 16
Year 17
No. Applicants Applied
I
2
2
o
Total Sa. Ft. Allocated
2,181
5,000
3,809
o
CONSIDERATIONS
I. The number of potential applicants for an upcoming year is unknown. At this time there is
approximately 27,000 square feet of new non-residential floor area under review, or approved
through the conditional use process. Applicants are requesting between 1,200 and 7,300 square
feet. The potential projects currently discussed with high square footage are not located in the
identified community overlay centers. For the NROGO allocation point system and weighing
criteria to be successful at directing development to the most appropriate locations, it is
important to have competition for the available floor area.
Report NROGO Y 18 BOCC SR.doc
Page 2 of 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
2. In the past seven years there has been limited competition for the available non-residential floor
area. The average square footage made available annually in the seven year period was 21,144
square feet and the average square footage allocated in a NROGO year was 13,278 square feet.
In Year 12 the demand for square footage exceeded the amount of available square footage.
3. Areas for allocations greater than 2,500 square feet shall be identified in a Livable
CommuniKeys Master Plan.
4. The non-residential allocations are based on prior years of residential ROGO. Each ROGO
allocation is multiplied by 239 square feet to determine the NROGO allocation bank. The Lower
& Upper Keys have a separate bank from the Big Pine/No Name Key.
Calculations for the end of Year 17 and Floor Area available
A. Lower/Upper Keys:
Rollover non-residential square footage from Year 17
Unused non-residential square footage from Year 17
Square Footage Year 17 ROGO (140 ROGO x 239 Square Feet)*
Total Non-Residential Square Footage Available:
157,757
16,944
33.460
208,161
*The number of ROGO allocations for Year 18 has not been determined to date, because allocations
have not yet been made for Year 18.
B. Big Pine/No Name Keys:
NROGO Square Footage available beginning 2003
Less allocated 2003-July 2009
Total Non-Residential Square Footage Available:
47,800
10.990
36,810
RECOMMENDATION
On September 23, 2009, the Planning Commission considered the above information and concluded
the square footage made available should be larger than the Planning & Environmental Resources
Department's recommendation. Based on the available commercial square footage banked, the
NROGO square footage allotted in Year 17, the Planning Commission approved twenty-two
thousand five hundred (22,500) square feet to be made available in NROGO Year 18 to be
distributed as follows:
Lower & Upper Kevs Subarea:
I. The maximum amount of available non-residential floor area for the annual NROGO allocation
for Year 18 of the Lower & Upper Keys subarea shall be twenty thousand (20,000) square feet.
2. The first allocation period shall have ten thousand (10,000) square feet and the remainder shall
be held in reserve for the second allocation period ending July 12,2010.
3. All NROGO applications are limited to 2,500 square feet or less for each period.
Report NROGO Y 18 BOCC SR.doc
Page 3 of 4
1 4. Year Eighteen (18) will begin July 14, 2009 and will end on July 12, 2010, with the first
2 allocation period ending in January 12, 2010 and the second allocation period ending July 12,
3 2010.
4
5 Hie PinelNo Name Kev Subarea:
6
7 1. The maximum amount of available non-residential floor area for the annual NROGO allocation for
8 Year 18 of the Big PinelNo Name Keys subarea shall be twenty-five hundred (2,500) square feet.
9
10 2. The first allocation period shall have 2,500 square feet and the remainder shall be held in reserve for
11 the second allocation period ending July 12,2010.
12
13 3. Year Eighteen (18) will begin July 14,2009 and will end on July 12,2010, with the first allocation
14 period ending in January 12,2010 and the second allocation period ending July 12,2010.
15
16 Staff recommends approval of the recommendation by the Planning Commission.
17
Report NROGO Y 18 BOCC SR.doc
Page 4 of 4
P46-09
~
~
fl:\
\.JfJI
RESOLUTION #P46-09
A RESOLUTION BY THE MONROE COUNTY
PLANNING COMMISSION RECOMMENDING TO
THE BOARD OF COUNTY COMMISSIONERS THAT
TWENTY-TWO THOUSAND FIVE HUNDRED
SQUARE FEET OF NON-RESIDENTIAL FLOOR
AREA BE MADE AVAILABLE FOR YEAR 18
NROGO, BEGINNING JULY 14, 2009 AND ENDING
JULY 12, 2010, PURSUANT TO SECTION 138-47 OF
THE MONROE COUNTY CODE.
WHEREAS, Policy 101.3 of the Monroe County Year 2010 Comprehensive Plan
(2010 Plan) requires Monroe County to regulate non-residential development to
maintain a balance of land uses; and
WHEREAS, Monroe County Code, 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 of239 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 23, 2009, conducted a public hearing to review, discuss, and
make formal motions regarding the Planning Director's recommendation to the
Planning Commission for Year 18 commercial floor area; and
WHEREAS, the Sr. Director of Planning & Environmental Resources submitted
written testimony to the Planning Commission, dated September 14, 2009
concerning the Upper & Lower Keys and Big Pine/No Name Keys; and
WHEREAS, the Planning Commission determined twenty thousand square feet
of commercial floor area be available in two biannual allocations of ten thousand
square feet, and no application will be for greater than twenty-five hundred square
feet to the NROGO area of the Lower and Upper Keys, pursuant to the procedures
outlined in Monroe County Code, Section 138-47; and
WHEREAS, the Planning Commission determined twenty-five hundred square
feet of commercial floor area be available in two biannual allocations of twenty-
five hundred square feet, and no application will be for greater than twenty-five
hundred square feet to the NROGO area of the Big Pine/No Name Key, pursuant
to the procedures outlined in Monroe County Code, Section 138-47; and
Page 1 of 4
P46-09
f\h
\J!1
Q)
WHEREAS, the Planning Commission was presented with the following
evidence:
1. The memorandum entitled Non-Residential Commercial Floor Area
Evaluation Report, Year 18, from Townsley Schwab, Sr. Director of
Planning & Environmental Resources to the Monroe County Planning
Commission, dated September 14, 2009; and
2. The summary of Year 10 through Year17 commercial floor area available for
allocation and the actual square footage allocated; and
3. 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 written testimony of Townsley Schwab, Sr. Director of
Planning & Environmental Resources that there is approximately 208,161
square feet of commercial floor area available in the LowerlUpper Keys area;
and
2. Based on the written testimony of Townsley Schwab, Sr. Director of
Planning & Environmental Resources that there is approximately 36,810
square feet of commercial floor area available in the Big PineINo Names Keys
area; and
3. The amount of commercial floor area associated with Year 18 has not been
included; and
4. Based on the Planning Department's recommendation the maximum amount
of available non-residential floor area for the annual NROGO allocation for
Year 18 shall be twenty-two thousand five hundred square feet; and
5. Based on the Planning Department's recommendation the LowerlUpper Keys
area the non-residential floor area for the annual NROGO allocation for Year
18 shall be twenty thousand square feet; and
6. Based on the Planning Department's recommendation the LowerlUpper Keys
area first allocation shall be for ten thousand square feet and the remainder
shall be held in reserve for the second allocation period ending July, 2009; and
7. Based on the Planning Department's recommendation the Big PineINo Name
Keys area the non-residential floor area for the annual NROGO allocation for
Year 18 shall be twenty-five hundred square feet; and
Page 2 of 4
P46-09
<<)
()
8. Based on the Planning Department's recommendation the Big PineINo Name
Keys area first allocation shall be for twenty-five hundred square feet and the
remainder shall be held in reserve for the second allocation period ending
July, 2009.
BE IT RESOLVED BY THE PLANNING COMMISSION OF
MONROE COUNTY, FLORIDA, that the preceding Findings of Fact and
Conclusions of Law, support the decision to RECOMMEND TO THE BOARD
OF COUNTY COMMISSIONERS APPROVAL that twenty-two thousand five
hundred (22,500) square feet of commercial floor area be made available as
follows:
LowerlUpper Keys Subarea:
1. The maximum amount of available non-residential floor area for the annual NROGO
allocation for Year 18 of the Lower & Upper Keys subarea shall be twenty thousand
square feet.
2. The first allocation shall be for ten thousand square feet and the remainder shall be
held in reserve for the second allocation period ending July 12, 2010.
3. One hundred percent of the available floor area for the first allocation ending in
January 12, 2010 shall be for applicants requesting twenty-five hundred square feet or
less.
4. Year Eighteen (18) will begin July 14, 2009 and will end on July 12, 2010, with the
first allocation period ending in January 12, 2010 and the second allocation period
ending July 12, 2010.
Big Pine/No Name Keys Subarea:
5. The maximum amount of available non-residential floor area for the annual NROGO
allocation for Year 18 of the Big PineINo Name Keys subarea shall be twenty-five
hundred square feet
6. The first allocation shall be for twenty-five hundred square feet and the remainder
shall be held in reserve for the second allocation period ending July 12,2010.
7. One hundred percent of the available floor area for the first allocation ending January
12,2010 shall be for applicants requesting twenty-five hundred square feet or less.
8. Year Eighteen (18) will begin July 14, 2009 and will end on July 12, 2010, with the
first allocation period ending in January 12, 2010 and the second allocation period
ending July 12, 2010.
Page 3 of 4
P46-09
I~
o
(]
PASSED AND ADOPTED by the Planning Commission of Monroe
County, Florida, at a regular meeting held on the 23rd day of September, 2009.
Chairman Wall
Commissioner Werling
Commissioner Hale
Commissioner Cameron
Commissioner Lustberg
YES
YES
YES
YES
YES
OE COUNTY, FLORIDA
BY
Signed this 23rd clay of September, 2009
..~ -:...._~.I ::r"t-~:..""".. "" ,8, .......
\- - n............--.-.--.-.....-.. .
t'i:'pPP.OVP,D ..;,5 TO F(,~?. \1 .
, <F,
· AND LEG;,I? ,:; UH' .',:- .i:::"(."i~' -.,.' J~
I! . i/;;':-;""
. ....r .' ~
; 11.. ____...----...---- - --
I f!;,tQl~'~Y'S Of,.I~c "-----
"-----~---_.~ -.......-.
. ~~~:,:.._~....;...~.tI'...,,!<...._"'A. -:~..... .
Page 4 of 4