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Item F4 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: February 17,2000 Bulk Item: Yes No X Division: Growth Management Department: N/ A AGENDA ITEM WORDING: Approval of exemption from the nonresidential Permit Allocation System based on status as a federally tax-exempt non-profit educational organization. ITEM BACKGROUND: Keys Academy of Marine Science is proposing the conversion of a 6,800 square foot non-conforming residential duplex to an educational facility. The proposed school will be servicing the needs of current Monroe County residents and will not have any impact on hurricane evacuation time. The item was heard at the January 26,2000 Planning Commission and was passed unanimously on a 5 - 0 vote. PREVIOUS RELEVANT BOARD ACTION: None STAFF RECOMMENDATION: Approval TOTAL COST: N/A BUDGETED: Yes N/ A No COST TO COUNTY: N/ A AMOUNT PER MONTH N/A PER YEAR N/ A APPROVED BY: County Attorney X OMB/Purchasing N/ A Risk Management N/ A DEPARTMENT DIRECTOR APPROVAL: of Growth Management DIVISION DIRECTOR APPROVAL: Timothy J. DOCUMENTATION: Included x To follow Z Not required Agenda Item #: ~ DISPOSITION: RESOLUTION NO. -2000 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING AN EXEMPTION FROM THE NON- RESIDENTIAL PERMIT ALLOCATION SYSTEM PURSUANT TO POLICY 101.3.4 OF THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN FOR KEYS ACADEMY OF MARINE SCIENCE, FOR A SCHOOL. THE PROPERTY IS LOCATED AT MILE MARKER 99.5 AND IS FURTHER DESCRIBED AS PART OF TRACT "B", LOTS 210 AND 213, PORT LARGO FIRST ADDITION, ISLAND OF KEY LARGO, MONROE COUNTY, FLORIDA. THE LAND USE DESIGNATION IS SUBURBAN COMMERCIAL AND THE REAL ESTATE NUMBERS ARE 0453471-000600 AND 0473471-000300. WHEREAS, Policy 101.3.4 of the Year 2010 Comprehensive Plan allows the Board of County Commissioners to exempt federally tax-exempt non-profit organizations from the nonresidential permit allocation system after a finding by the Planning Commission that such activity will not adversely affect the hurricane evacuation objectives of the Comprehensive Plan; and WHEREAS, Keys Academy of Marine Science has requested an exemption from the non-residential permit allocation system; and WHEREAS, during a regular meeting held January 26, 2000, the Monroe County Planning Commission conducted a public hearing on the request filed by the Law Offices of Hershoff and Lupino, agent for Keys Academy of Marine Science, for an exemption to the non- residential permit allocation system for a school and recommended approval of the request to the Board of County Commissioners based on the following findings of fact and conclusions of law: 1. Keys Academy of Marine Sciences is a Federally tax-exempt non-profit organization; and 2. An exemption to Monroe County Year 2010 Comprehensive Plan Policy 101.3.4 IS required to operate the 6, 890 Sq. Ft. building as an Institutional use; and 3. Schools are considered institutional uses and are allowed as-of-right in the Suburban Commercial (SC) land use district; and 4. The proposed 6,890 square foot school will be serving the needs of current Monroe County residents and will not have any impact on hurricane evacuation times; and 5. The use as a school complies with County level of service standards; and Page 1 of2 C:\TEMP\Keys Academy BOCC Resolution.doc Initial 6. The proposed school is in compliance with all applicable land development regulations and the Monroe County Year 2010 Comprehensive Plan; and Therefore, we conclude that based on numbers 1-6 above, that the school will not adversely affect the hurricane evacuation objectives of the Year 2010 Comprehensive plan; and WHEREAS, the Board of County Commissioners has duly considered the recommendations and findings of fact and conclusions of law of the Planning Commission and adopts them as their own; NOW THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, that the preceding Findings of Fact and Conclusions of Law, support their decision to APPROVE to the request filed by Keys Academy of Marine Science as a federally tax-exempt, non-profit organization, for an exemption to the non-residential permit allocation system pursuant to Policy 101.3.4 of the Monroe County Year 2010 Comprehensive Plan. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 17th day of February, 2000. Mayor Freeman Mayor Pro Tern Neugent Commissioner Harvey Commissioner Reich Commissioner Williams BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: (MA YOR/CHAIRMAN) (SEAL) ATTEST DANNY L. KOLHAGE, CLERK BY: DEPUTY CLERK Resolution # Page 2 of2 C:\TEMP\Keys Academy HaCC Resolution,doc Initial MEMORANDUM TO: The Board of County Commissioners K. Marlene Conaway, Director OfPlannin~~ February 7, 2000 FROM: DATE: RE: KEYS ACADEMY OF MARINE SCIENCE REQUEST FOR EXEMPTION FROM THE NONRESIDENTIAL PERMIT ALLOCATION SYSTEM PURSUANT TO POLICY 101.3.4, MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN. MEETING DATE: February 17,2000 I. REQUEST: Keys Academy of Marine Science, through their agent, the Law Offices of Hershoff and Lupino, is requesting an exemption from the nonresidential permit allocation system based on the Academy's status as a federally tax exempt non-profit educational organization. Policy 101.3.4 states that: Development activity by federally tax-exempt non-profit educational, scientific, religious, social service, cultural and recreational organizations may be exempted from the permit allocation system by the Board of County Commissioners after review by the Planning Commission upon a fmding that such activity will not adversely affect the hurricane evacuation objectives of the Comprehensive Plan. . . . All other provisions of the Comprehensive Plan shall apply to development exempted from the Permit Allocation System, including compliance with the adopted levels of service for the provision of adequate public facilities. Keys Academy of Marine Science is proposing the conversion of a 6,890 square foot duplex residential structure to an educational facility on property described as a part of Tract "B" Lot 213 and Lot 210, Port Largo First Addition, in Key Largo (RE# 0453471-000600 and 0453471-000300). The educational facility is proposed to remain in the existing building footprint. The proposed building is located in the Suburban Commercial (SC) Land Use District, adjacent to the Key Largo Community Park, approximately Mile Marker 99.5. Page I of2 C:\TEMP\Keys Academy of Marine Science Exemption (2).doc II: PREVIOUS RELEVANT PLANNING COMMISSION ACTION: On January 26, 2000, by Resolution P3-00, the Planning Commission recommended approval to the Board of County Commissioners of the request filed by Keys Academy of Marine Science for an exemption to the non-residential permit allocation system pursuant to Monroe County Year 2010 Comprehensive Plan Policy 101.3.4. III. ANALYSIS: The proposed 6,890 square foot school will serve students from Pre-K to Eighth Grade. Currently it operates with separated classrooms in two buildings - a storefront in the Central Plaza at MM 102.5 and the Treasure Castle at MM 102. It will service the needs of current Monroe County residents, and will not have any impact on hurricane evacuation time. The proposed building and development may be developed as-of-right. The project has been reviewed and found in compliance with Objective 101.1 which states, "Monroe County shall ensure that at the time a development permit is issued, adequate public facilities are available to serve the development at the adopted level of service standards concurrent with the impacts of such development." Site plans have been submitted and been found to be in compliance with all applicable Land Development Regulations and Year 2010 Comprehensive Plan. Keys Academy of Marine Science has submitted documentation from the Internal Revenue Service (IRS) District Director dated March 26, 1998 stating that the organization is exempt from Federal Income Tax under section 501(a) of the IRS Code as an organization described in Section 501 (c)(3). Articles of Incorporation were originally filed as a non-profit corporation on June 25, 1996 and were later amended on November 11, 1997. CONCLUSION AND RECOMMENDATION: Based on the fact that the school will not have any impact on hurricane evacuation objectives and that it has been found to be in compliance with the Monroe County Year 2010 Comprehensive Plan, Staff recommends to the Board of County Commissioners that an exemption be granted from the non- residential permit allocation system for the Keys Academy of Marine Science. Page 2 of2 C:\TEMP\Keys Academy of Marine Science Exemption (2).doc RESOLUTION NO. P03-00 A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION RECOMMENDING APPROVAL OF AN EXEMPTION FROM THE NON-RESIDENTIAL PERMIT ALLOCATION SYSTEM PURSUANT TO POLICY 101.3.4 OF THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN FOR KEYS ACADEMY OF MARINE SCIENCE, FOR A SCHOOL. THE PROPERTY IS LOCATED AT MILE MARKER 99.5 AND IS FURTHER DESCRIBED AS PART OF TRACT "B" , LOTS 210 AND 213, PORT LARGO FIRST ADDITION, ISLAND OF KEY LARGO, MONROE COUNTY, FLORIDA. THE LAND USE DESIGNATION IS SUBURBAN COMMERCIAL AND THE REAL ESTATE NUMBERS ARE 0453471-000600 AND 0473471-000300. WHEREAS, during a regular meeting held January 26, 2000, the Monro.e County Planning Commission conducted a public hearing on the request filed by the Law Offices of Hershoff and Lupino, agent for Keys Academy of Marine Science, for an exemption to the non- residential permit allocation system for a school; and WHEREAS, the proposed development is located on property legally described as Tract "B", Lots 210 and 213, Port Largo First Addition, Island of Key Largo; and WHEREAS, the above-described property is located in the Suburban Commercial (SC) land use district; and WHEREAS, the Planning Commission was presented with the following evidence, which by reference is hereby incorporated as a part of the record of said hearing: 1. The request from Keys Academy of Marine Science; and 2. The staff report from Donny Lang, Senior Planner, dated December 15,1999; and 3. The sworn testimony of Monroe County Planning staff; and 4. Comments by Garth Coller Esquire, Planning Commission Counsel; and 5. Comments of the public; and WHEREAS, the Planning Commission has made the following Findings of Fact and Conclusions of Law based on the sworn testimony of the Monroe County Planning Department staff, and the record: C:\TEMP\Keys Academy Resolution P-OO.doc Page 1 of2 Initial 1. Keys Academy of Marine Sciences is a Federally tax-exempt non-profit organization. 2. An exemption to Monroe County Year 2010 Comprehensive Plan Policy 101.3.4 IS required to operate the 6, 890 Sq. Ft. building as an Institutional use. 3. Schools are considered institutional uses and are allowed as-of-right in the Suburban Commercial (SC) land use district. 4. The proposed 6,890 square foot school will be serving the needs of current Monroe County residents and will not have any impact on hurricane evacuation times; and 5. The use as a school complies with County level of service standards; and 6. The proposed school is in compliance with all applicable land development regulations and the Monroe County Year 2010 Comprehensive Plan; NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE COUNTY, FLORIDA, that the preceding Findings of Fact and Conclusions of Law, support their decision to recommend APPROVAL to the Board of County Commissioners of the request filed by Keys Academy of Marine Science for an exemption to the non-residential permit allocation system pursuant to Policy 101.3.4 of the Monroe County Year 2010 Comprehensive Plan. PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida, at a regular meeting held on the 26th day of January, 2000. Chair Mapes yes Vice-Chair Gorsuch yes Commissioner Stuart yes Commissioner Hill yes Commissioner Marr yes PLANNING COMMISSION OF MONROE COUNTY, FLORIDA BY Lynn Mapes, Chair Signed this day of ,2000. 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