Item I3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 19, 2008 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 thirty-five thousand (35,000) square
feet of commercial floor area to be made available for Year 17 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 Acting Planning Director and the Planning Commission. On October 8, 2008
the Planning Commission amended the Acting Planning & Environmental Resources Director
recommendation of the accumulation of unused commercial square footage. Therefore, the Planning
Commission adopted Resolution P42-08 recommending that thirty-five thousand square feet of
commercial floor area be made available for Year 17 NROGO allocation. The Lower/Upper Keys area
shall be thirty thousand square feet in total and the Big Pine/No Name Key area shall be five thousand
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
TOTAL 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 l OMB/Purchasing N/ A Risk Management N/ A
DOCUMENTATION: Included X Not Required_
DISPOSITION: AGENDA ITEM #
RESOLUTION NO. -2008
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING FOR YEAR 17,
FROM JULY 15, 2008 TO JULY 13, 2009, THIRTY-FIVE
THOUSAND SQUARE FEET OF NON-RESIDENTIAL FLOOR
AREA TO BE AVAll.ABLE PURSUANT TO SECTION 9.5-124
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 9.5-124, 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 years runs from July 15,2008 to July 13,
2009; and
WHEREAS, Monroe County Code, Section 9.5-124.4, 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 approximately 187,757 square feet of commercial floor
area available in the LowerlUpper Keys area through the end ofNROGO Year 16; 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 16; and
WHEREAS, the Monroe County Planning Commission during a regular meeting
held on October 8, 2008, conducted a public hearing to review, discuss, and make formal
motions regarding the Acting Planning Director's recommendation to the Planning
Commission for Year 17 commercial floor area; and
WHEREAS, the Monroe County Planning Commission adopted by Resolution
P42-08 that thirty-five thousand (35,000) square feet of commercial floor area be made
available as follows:
LowerfUpper Keys area:
l. The maximum amount of available non-residential floor area for the annual NROGO
allocation for Year 17 for the Lower & Upper Keys area shall be thirty thousand square feet
in total.
2. The first allocation shall be for fifteen thousand square feet and the remainder shall be held in
reserve for the second allocation date of July 13,2009.
3. One hundred percent of the available floor area for the first allocation ending in January 13,
2009 shall be for applicants requesting 2,500 square feet or less.
4. Year Seventeen (17) will begin July 15, 2008 and will end on July 13, 2009, with the first
allocation period ending in January 13, 2009 and the second allocation ending in July 13,
2009.
Big Pine/No Name Keys area:
l. The maximum amount of available non-residential floor area for the annual NROGO
allocation for Year 17 for the Big Pine/No Name Keys area shall be five thousand square feet
in total.
2. The first allocation shall be for twenty-five hundred square feet and the remainder shall be
held in reserve for the second allocation date of July 13, 2009.
3. One hundred percent of the available floor area for the first allocation ending in January 13,
2009 shall be for applicants requesting 2,500 square feet or less.
4. Year Seventeen (17) will begin July 15,2008 and will end on July 13,2009, with the first
allocation period ending in January 13, 2009 and the second allocation ending in July 13,
2009.
NOW THEREFORE BE IT RESOL YED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
For the Year 17 NROGO allocation period, that thirty-five thousand (35,000) square feet
of commercial floor area be made available as follows:
1. Lower/Upper Keys area:
a) The maximum amount of available non-residential floor area for the annual
NROGO allocation for Year 17 for the Lower & Upper Keys area shall be thirty
thousand square feet in total.
b) The first allocation shall be for fifteen thousand square feet and the remainder
shall be held in reserve for the second allocation date of July 13,2009.
c) One hundred percent of the available floor area for the first allocation ending in
January 13, 2009 shall be for applicants requesting 2,500 square feet or less.
d) Year Seventeen (17) will begin July 15, 2008 and will end on July 13, 2009, with
the first allocation period ending in January 13, 2009 and the second allocation
ending in July 13,2009.
2. Big PinelNo Name Keys area:
a) The maximum amount of available non-residential floor area for the annual
NROGO allocation for Year 17 for the Big Pine/No Name Keys area shall be five
thousand square feet in total.
b) The first allocation shall be for twenty-five hundred square feet and the
remainder shall be held in reserve for the second allocation date of July 13, 2009.
c) One hundred percent of the available floor area for the first allocation ending in
January 13,2009 shall be for applicants requesting 2,500 square feet or less.
d) Year Seventeen (17) will begin July 15,2008 and will end on July 13,2009, with
the first allocation period ending in January 13, 2009 and the second allocation
ending in July 13,2009.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting held on the 19th day of November, 2008.
Mayor
Mayor Pro Tern
Commissioner
Commissioner
Commissioner
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor:
Signed this _ day of ,2008
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MEMORANDUM
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring, professional and fair
To: Board of County Commissioners
From: Townsley Schwab, Acting Sr Director of Planning & Environmental Resource~
Through: Andrew o. Trivette, Growth Management Director
Date: October 28, 2008
Subject: Non-Residential Floor Area Evaluation Report Year 17 (July 15, 2008-July 13, 2009)
1 Meeting Date: November 19,2008
2
3 BACKGROUND
4
5 Monroe County Code, Section 9.5-124.6, Non-Residential Rate of Growth Ordinance (NROGO),
6 establishes the procedure for allocating the non-residential floor area. The "maximum annual
7 allocation", and the distribution between the first and second allocation dates, will be determined by
8 the Board of County Commissioners upon the recommendations of the Planning Director and the
9 Planning Commission. This will provide flexibility in assuring the goals of the ordinance are being
10 accomplished. The floor area that is not made available, or that remains unused in the current year,
11 will be carried forward.
12
13 The following is a summary of the square footage of non-residential floor area that was made available
14 for allocation in unincorporated Monroe County, and the actual square footage allocated, from Year
15 10 through Year 16.
16
17 YEAR AMOUNT AVAILABLE ALLOCATIONS AWARDED
18
19 Year 10 22,150 square feet 18,222 square feet
20 Year 11 16,000 square feet 5,300 square feet
21 Year 12 16,000 square feet 15,689 square feet
22 Year 13 16,000 square feet 10,925 square feet
23 Year 14 16,000 square feet 12,594 square feet
24 Year 15 18,000 square feet 12,500 square feet
25 Year 16 35,000 square feet 17,938 square feet
26
27 On March 15, 2006, the Board of County Commissioners adopted Ordinance 011-2006 to implement
28 the Tier System, and subsequently, it was challenged by Florida Keys Citizens Coalition, Inc. and
29 Protect Key West and the Florida Keys, Inc., d/b/a Last Stand. Thomas G. Pelham, Secretary,
30 Department of Community Affairs signed the final order deciding the challenge on September 26,
31 2007. No appeal was taken by the parties.
Report NROGO Y 17 BOCC SR.doc Page I 01'4
1
2 The Tier System, made changes such as separate districts for allocation distribution, basis of scoring
3 applications, and administrative relief. The new districts are as follows: A) Lower Keys (Middle
4 Keys now included in the Lower Keys) & Upper Keys and B) Big Pine/No Name Key are the
5 subareas for NROGO.
6
7 Additional background specific to the Big Pine/No Name Key Sub-area:
8
9 1) In 1998, the Florida Department of Transportation, Monroe County, the Florida
10 Department of Community Affairs, the U.S. Fish and Wildlife Service and the
1 1 Florida Fish and Wildlife Conservation Commission signed a Memorandum of
12 Agreement to develop a Habitat Conservation Plan (HCP) for the Key Deer and
13 other protected species in the project area.
14
15 2) The Livable Communikeys Program (LCP), Master Plan for Future Development of
16 Big Pine Key and No Name Key was adopted on August 18, 2004 under Ordinance
17 029-2004. The LCP envisioned 47,800 square feet of non-residential floor area over
18 the next twenty years to be used for infill and expansion of existing businesses.
19 Development is limited to Tier ill disturbed and scarified uplands. Based on the
20 above non-residential area square footage envisioned to be released over the twenty
21 year horizon, approximately, 2,390 square feet of floor area could be made available
22 per year. The author of the LCP, concluded that much of the new floor area is to be
23 used for redevelopment and expansion of existing businesses and that it would be
24 more than adequate to accommodate future expansions.
25
26 Action Item 5.1.2 Limit floor area allocations to 2,500 square feet per organization
27 per year.
28
29 3) The following is a summary of the square footage of non-residential floor area that
30 was allocated on Big Pine/No Name Key Subarea from 2003 to July 2008.
31
32 YEAR No. Applicants Applied Total Sq. Ft. Allocated
33 Year 13 1 2,181
34 Year 15 2 5,000
35 Year 16 2 3,809
36
37 CONSIDERA TIONS
38
39 1. The number of potential applicants for an upcoming year is unknown. At this time there is
40 approximately 27,000 square feet of new non-residential floor area under review, or approved
41 through the conditional use process. Applicants are requesting between 1,200 and 7,300 square
42 feet. The potential projects currently discussed with high square footage are not located in the
43 identified community overlay centers. For the NROGO allocation point system and weighing
44 criteria to be successful at directing development to the most appropriate locations, it is
45 important to have competition for the available floor area.
46
47 2. In the past six years there has been limited competition for the available non-residential floor
48 area. The average square footage made available annually in the six year period was 19,879
49 square feet and the average square footage allocated in a NROGO year was 13,310 square feet.
50 In Year 12 the demand for square footage exceeded the amount of available square footage.
Report NROGO V17 BOCC SR.doc Page 2 of 4
1
2 3. Areas for allocations greater than 2,500 square feet shall be identified in a Livable
3 CommuniKeys Master Plan.
4
5 4. The non-residential allocations are based on prior years of residential ROGO. Each ROGO
6 allocation is multiplied by 239 square feet to determine the NROGO allocation bank. The Lower
7 & Upper Keys have a separate bank from the Big Pine/No Name Key.
8
9 Calculations for the end of Year 16 and Floor Area available
10
11 A. Lower/Upper Keys:
12
13 Rollover non-residential square footage from Year 16 98,540
14 Unused non-residential square footage from Year 16 17,062
15 Expired NROGO Allocation 220
16 Square Footage Year 16 ROGO (255 ROGO x 239 Square Feet)* 60,945
17 NROGO used on Big Pine added back (Big Pine has own bank per LCP) 10,990
18 Total Non-Residential Square Footage Available: 187,757
19
20 *The number of ROGO allocations for Year 17 has not been determined to date, because allocations
21 have not yet been made for Year 17.
22
23 B. Big Pine/No Name Keys:
24
25 NROGO Square Footage available beginning 2003 47,800
26 Less allocated 20OJ-July 2008 10,990
27 Total Non-Residential Square Footage Available: 36,810
28
29 RECOMMENDATION
30
31 On October 8, 2008, the Planning Commission considered the above information and concluded the
32 square footage made available should be larger than the Planning & Environmental Resources
33 Department's recommendation. Based on the available commercial square footage banked, the
34 NROGO square footage allotted in Year 16, the potential applicants that may submit in NROGO
35 Year 17, the Planning Commission approved (35,000) thirty-five thousand square to be made
36 available in NROGO Year 17 to be distrubuted as follows:
37
38 Lower & Upper Kevs Subarea:
39
40 1. The maximum amount of available non-residential floor area for the annual NROGO allocation
41 for Year 17 of the Lower & Upper Keys subarea shall be 30,000 square feet.
42
43 2. The first allocation shall be for 15,000 square feet and the remainder shall be held in reserve for
44 the second allocation date of July 13,2009.
45
46 3. One hundred percent of the available floor area for the first allocation ending in January 13,2007
47 shall be for applicants requesting 2,500 square feet or less.
48
Report NROGO Y17 BOCC SR.doc Page 3 of 4
1 4. Year Seventeen (17) will begin July 15,2008 and will end on July 13, 2009, with the first
2 allocation period ending in January 13,2009 and the second allocation ending in July 13,2009.
3
4 Bit! PineINo Name Kev Subarea:
5
6 1. The maximum amount of available non-residential floor area for the annual NROGO allocation for
7 Year 17 of the Big Pine/No Name Keys subarea shall be 5,000 square feet.
8
9 2. The first allocation shall be for 2,500 square feet and the remainder shall be held in reserve for the
10 second allocation date of July 13,2009.
1 1
12 3. One hundred percent of the available floor area for the first allocation ending in January 13, 2007
13 shall be for applicants requesting 2,500 square feet or less.
14
15 4. Year Seventeen (17) will begin July 15,2008 and will end on July 13,2009, with the first allocation
16 period ending in January 13,2009 and the second allocation ending in July 13,2009.
17
18 Staff recommends approval of the recommendation by the Planning Commission.
19
Report NROGO Y17 BOCC SR.doc Page 4 of 4
~
RESOLUTION #P42-08
A RESOLUTION BY THE MONROE COUNTY
PLANNING COMMISSION RECOMMENDING TO
THE BOARD OF COUNTY COMMISSIONERS THAT
THIRTY-FIVE THOUSAND SQUARE FEET OF NON-
RESIDENTIAL FLOOR AREA BE MADE
AVAILABLE FOR YEAR 17 NROGO, BEGINNING
JULY 15, 2008 AND ENDING JULY 13, 2009,
PURSUANT TO SECTION 9.5-124 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 9.5-124, 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 October 8,2008, conducted a public hearing to review, discuss, and make
formal motions regarding the Planning Director's recommendation to the
Planning Commission for Year 17 commercial floor area; and
WHEREAS, the Acting Director of Planning & Environmental Resources
submitted written testimony to the Planning Commission, dated October 8, 2008
concerning the Upper & Lower Keys and Big PinelNo Name Keys; and
WHEREAS, the Planning Commission determined thirty thousand square feet of
commercial floor area be available in two biannual allocations of fifteen thousand
square feet, and no application will be for greater than 2,500 square feet to the
NROGO area of the Lower and Upper Keys, pursuant to the procedures outlined
in Monroe County Code, Section 9.5-124; and
WHEREAS, the Planning Commission determined five thousand 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 2,500 square feet
to the NROGO area of the Big PinelNo Name Key, pursuant to the procedures
outlined in Monroe County Code, Section 9.5-124; and
P42-08 Page 1 of 4
WHEREAS, the Planning Commission was presented with the following
evidence:
1. The memorandum entitled N on-Residential Commercial Floor Area
Evaluation Report, Year 17, from Townsley Schwab, Acting Director of
Planning & Environmental Resources to the Monroe County Planning
Commission, dated October 8, 2008; and
2. The summary of Year 10 through Year 16 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, Acting Director of
Planning & Environmental Resources that there is approximately 187,757
square feet of commercial floor area available in the Lower/Upper Keys area;
and
2. Based on the written testimony of Townsley Schwab, Acting 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 17 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 17 shall be 35,000 square feet; and
5. Based on the Planning Department's recommendation the Lower/Upper Keys
area the non-residential floor area for the annual NROGO allocation for Year
17 shall be thirty thousand square feet; and
6. Based on the Planning Department's recommendation the Lower/Upper Keys
area first allocation shall be for fifteen 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 17 shall be five thousand square feet; and
P42-08 Page 2 of 4
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 RESOL VED 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 thirty-five thousand
(35,000) 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 17 of the Lower & Upper Keys subarea shall be thirty thousand
square feet.
2. The fIrst allocation shall be for fifteen thousand square feet and the remainder shall be
held in reserve for the second allocation date of July 13, 2009.
3. One hundred percent of the available floor area for the first allocation ending in
January 13, 2009 shall be for applicants requesting 2,500 square feet or less.
4. Year Seventeen (17) will begin July 15, 2008 and will end on July 13, 2009, with the
first allocation period ending in January 13, 2009 and the second allocation ending in
July 13,2009.
Big Pine/No Name Keys Subarea:
5. The maximum amount of available non-residential floor area for the annual NROGO
allocation for Year 17 of the Big PineINo Name Keys subarea shall be fIve thousand
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 date of July 13,2009.
7. One hundred percent of the available floor area for the first allocation ending in
January 13, 2009 shall be for applicants requesting 2,500 square feet or less.
8. Year Seventeen (17) will begin July 15, 2008 and will end on July 13, 2009, with the
first allocation period ending in January 13, 2009 and the second allocation ending in
July 13,2009.
Year Seventeen (17) will begin July 15,2008 and will end on July 13, 2009, with
the first allocation period ending in January 13, 2009 and the second allocation
P42-08 Page 3 of 4
PASSED AND ADOPTED by the Planning Commission of Monroe
County, Florida, at a regular meeting held on the 8th day of October, 2008.
Chairman Wall YES
Commissioner Windle YES
Commissioner Hale YES
Commissioner Cameron YES
Commissioner Marston YES
PLANNING CO OE COUNTY, FLORIDA
BY
11, Chairman f
Signed this day of Q 6 , 2008
Date:
P42-08 Page 4 of 4