§ 138-53. Evaluation Procedures for Nonresidential Floor Area Allocation.

(a)

Initial evaluation of allocation applications. Upon receipt of completed NROGO allocation applications, the Planning Director or his or her designee shall evaluate the allocation applications pursuant to the evaluation criteria set forth in Section 138-55.

(1)

Within 30 days of an allocation date, unless otherwise extended by the Planning Commission, the Planning Director shall:

a.

Complete the evaluation of all allocation applications submitted during the relevant allocation period;

b.

Total the amount of square footage for which allocation applications have been received for each ROGO subarea (Upper Keys; Lower Keys; and Big Pine Key/No Name Key); and

c.

Rank the allocation applications, in descending order from the highest evaluation point total to the lowest for each ROGO subarea and by controlling date pursuant to subsection (d).

(b)

Public hearings and allocation awards. Upon completion of the evaluation ranking report and/or recommendation, the Planning Director shall schedule and notice a public hearing by the Planning Commission pursuant to otherwise applicable regulations.

(1)

At or prior to the public hearing, the Planning Commission may request, and the Planning Director shall supply, copies of the allocation applications and the evaluation worksheets.

(2)

Upon review of the allocation applications and evaluation worksheets, the Planning Commission may adjust the points awarded for meeting a particular criterion, adjust the rankings as a result of changes in points awarded, or make such other changes as may be appropriate and justified.

(3)

The basis for Planning Commission changes shall be specified in the form of a motion to adopt the allocation rankings and may include the following:

a.

A mistake in the application of one or more of the evaluation criteria; and

b.

A misinterpretation of the applicability of an evaluation criterion.

(4)

The public, including, but not limited to, applicants for allocation awards, shall be permitted to testify at the public hearing. Applicants may offer testimony about their applications or other applications; however, in no event may an applicant offer modifications to an application that could change the points awarded or the ranking of the application.

(5)

At the conclusion of the public hearing, the Planning Commission may:

a.

Move to accept the evaluation rankings as submitted by the Planning Director;

b.

Move to accept the evaluation rankings as may be modified as a result of the public hearing;

c.

Move to continue the public hearing to take additional public testimony;

d.

Move to close the public hearing but to defer action on the evaluation rankings pending receipt of additional information; and

e.

Move to reject the evaluation rankings.

(6)

The Planning Commission shall finalize the evaluation rankings within 60 days following initial receipt of the Planning Director evaluation ranking, report and recommendation.

(c)

Notification to applicants. Upon finalization of the evaluation rankings by the Planning Commission, notice of the rankings shall be posted at the Planning and Environmental Resources Department and at such other places as may be designated by the Planning Commission.

(1)

Applicants who receive allocation awards shall be further notified by certified mail, return receipt requested. After three (3) unsuccessful attempts to notify the applicant via certified mail, return receipt requested, the allocation award shall expire. Upon receipt of notification of an allocation award, the applicant may request issuance of a building permit for the applicable development of the allocated nonresidential floor area.

(2)

Applicants who fail to receive allocation awards shall be further notified by regular mail, return receipt requested; without further action by such applicants nor the payment of any additional fee, such applications shall remain in the NROGO system for reconsideration at the next allocation in the current or following annual allocation period.

(d)

Identical rankings. If two or more allocation applications in a given size classification receive an identical evaluation ranking and both (or all) cannot be granted allocation awards within the allocation period, the Planning Commission shall award the allocation to the completed application first submitted, based on the controlling date of the application. If two or more such completed applications were submitted with the same controlling date, the available allocation shall be awarded to the application with the fewest number of negative points.

(e)

Allocation by way of the NROGO bank. Concerning applications submitted pursuant to Section 138-52(n), if nonresidential floor area is available in an NROGO subarea account within the NROGO bank, upon receipt of completed application, the Planning Director shall evaluate the application pursuant to the evaluation criteria set forth in Section 138-55.

(1)

Public hearing. Excluding reservations granted by the BOCC, the Planning Director shall schedule and notice the application for review and decision by the Planning Commission at a public hearing.

a.

Allocation by Planning Commission. Allocations by way of the NROGO bank shall only be awarded four times per NROGO year, on the same public hearing dates in which annual NROGO allocations are awarded per Section 138-53(b). Such allocations shall be awarded pursuant to subsections (e)(2) through (e)(12).

b.

Reservation of allocation by the Board of County Commissioners. Notwithstanding provisions of subsections (e)(2) through (e)(12), the BOCC may, for projects in excess of 10,000 square feet of nonresidential floor area, reserve by resolution, for up to eighteen (18) months, some or all of the available nonresidential floor area within an applicable account within the NROGO bank for a specified development. Prior to the public hearing in which the reservation is to be considered, the applicant shall a) if necessary, have entered into a development agreement with Monroe County for the development requiring the nonresidential floor area and b) if required, have been issued a conditional use permit for the development requiring the nonresidential floor area. Building permits for these reserved allocations shall be picked up within six months of the effective reservation date, unless otherwise authorized by the BOCC in its resolution. The BOCC may, at its discretion, place conditions on any reservation as it deems appropriate.

(2)

NROGO bank accounts. Beginning July 13, 2013, the NROGO bank shall consist of two accounts. The accounts consist of 1) Upper Keys and Lower Keys (joint or general) account, and 2) Big Pine Key and No Name Key subarea account. The boundaries of the ROGO subareas are defined in section 138-20(c). An applicant may only request nonresidential floor area from the account associated with the ROGO subarea in which the subject property is located. As of July 13, 2013, pursuant to Section 138-51(a), the distribution of the annual NROGO allocation shall be distributed to each of the ROGO subareas based on the number of dwelling unit permits made available for each of the ROGO subareas. The unused remainders of nonresidential floor area from the annual NROGO allocation for each of the ROGO subareas shall roll over into the applicable NROGO accounts (general, or Big Pine Key and No Name Key subarea account) within the NROGO bank each year. Nonresidential floor area within a given subarea NROGO account shall be available for eligible developments within the boundaries of that subarea. The nonresidential floor area within the general (joint) NROGO account shall be available for eligible developments within the boundaries of either the Upper Keys or Lower Keys subareas. On the opening day of each subsequent NROGO year (July 13), excluding the reserves provided for in subsection (e)(4), the non-reserve balances of the general (joint) account shall be returned to the general (joint) account for the Upper Keys and Lower Keys ROGO subareas.

(3)

Eligibility per tier designation. Only applications for developments within Tier III designated areas shall be eligible for allocation by way of the NROGO bank.

(4)

NROGO subarea account reserves. The general (joint) account shall maintain reserves of 20,000 square feet for the Upper Keys and Lower Keys NROGO subarea. The Big Pine/No Name Key subarea account is not required to maintain a reserve.

(5)

Noncompetitive applications. If the total amount of nonresidential floor area requested in a single application or cumulatively in multiple applications by separate applicants is equal to or less than the amount available in the applicable NROGO bank (excluding reserved floor area) account, the Planning Commission may grant the total amount of nonresidential floor area requested in the application(s) to the applicant(s).

(6)

Competitive applications. If the total amount of nonresidential floor area requested in a single application or cumulatively in multiple applications by separate applicants is greater than that the total amount available in the applicable NROGO bank accounts (excluding reserved floor area), the Planning Director shall submit an evaluation report to the Planning Commission indicating the evaluation rankings. The Planning Commission shall award available nonresidential floor area in the applicable NROGO bank account (excluding reserved floor area) to the applicant with most points pursuant to Section 138-55. If the highest scoring applicant does not request the entire amount available in an NROGO bank account, the Planning Commission shall award the remaining available nonresidential floor area in the applicable NROGO bank account (excluding reserved floor area) to the application with the second highest score and so on until the NROGO bank reaches its balance (excluding reserves).

(7)

Single application requesting more than the balance in an NROGO bank account. If there are not any competing applications, the Planning Commission may grant the total amount of nonresidential floor area available in an NROGO bank account (excluding reserved floor area) to the applicant and require the applicant to acquire the remaining nonresidential floor area through the NROGO permit allocation system.

(8)

De minimis applications. Square footage for de minimis applications may be deducted from the annual NROGO allocation or the NROGO bank. Nonresidential floor area permitted via de minimis shall be deducted from the NROGO subarea account in which the property is located.

(9)

Testimony. The public, including but not limited to applicants, shall be permitted to testify at the public hearing. Applicants may offer testimony about their applications or other applications; however, in no event may an applicant offer modifications to an application that could change the points awarded or the ranking of the application.

(10)

Decision by the Planning Commission. At the conclusion of the public hearing, the Planning Commission may:

a.

If applicable, move to accept the evaluation rankings as submitted by the Planning Director;

b.

If applicable, move to accept the evaluation rankings as may be modified as a result of the public hearing;

c.

Move to continue the public hearing to take additional public testimony;

d.

Move to close the public hearing but to defer action on the evaluation rankings pending receipt of additional information; and

e.

Move to reject the evaluation rankings.

Within 60 days of the public hearing, the Planning Commission shall render its final decision on an application for an allocation by way of the NROGO bank by resolution. If an approval, the resolution shall be issued and pass all relevant appeal periods prior to issuance of a building permit requiring the nonresidential floor area awarded by the resolution.

(11)

Opening balances. Opening balances for the NROGO bank accounts as of NROGO Year 22 (July 13, 2013). The opening balances for the NROGO bank accounts shall be determined and calculated by the Planning and Environmental Resources Department based on available and unused annual nonresidential floor area from NROGO Years 10 through 21.

(12)

Joint Account. Commencing NROGO Year 23 (July 13, 2014), on the opening date of each NROGO Year, excluding the reserves provided for in subsection (e)(4), the non-reserve balances of the general (joint) bank account for the Upper Keys ROGO subarea and the Lower Keys ROGO subarea shall be returned to the general or joint account for award within the Upper Keys and Lower Keys ROGO subareas.

(13)

Notification to the general public of the availability of the NROGO account balances. For each of the four Planning Commission public hearings in a given NROGO Year in which NROGO allocations may be awarded, the Planning and Environmental Resources Department shall provide a detailed report to the Planning Commission and general public providing the exact balances of nonresidential floor area that exist within the NROGO bank. In addition, these balances shall be provided in the newspaper advertisements for the Planning Commission public hearings (as required by Section 110-5) in which NROGO allocation awards may be awarded.

( Ord. No. 006-2016 , § 1(Exh. 1), 4-13-2016)