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Resolution 275-2001 RESOLUTION NO.275 -2001 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS TRANSMITTING TO THE DEPARTMENT OF COMMUNITY AFFAIRS THE REQUEST FILED BY THE PLANNING AND ENVIRONMENTAL RESOURCES DEPARTMENT TO AMEND POLICY 101.3.4 OF THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN. WHEREAS, the Monroe County Board of County Commissioners held a public hearing for the purposes of considering the transmittal to the Florida Department of Community Affairs, for review and comment, of a proposed amendment to Policy 101.3.4 of the Monroe County Year 2010 Comprehensive Plan; and WHEREAS, the Planning Commission and the Monroe County Board of County Commissioners support the requested amendment to Policy 101.3.4 of the Monroe County Year 2010 Comprehensive Plan; and NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT: Section 1. The Board of County Commissioners does hereby adopt the recommendation of the Planning Commission pursuant to the attached draft ordinance (marked as Exhibit 1) for adoption of the of the Monroe County Year 2010 Comprehensive Plan; and Section 2. The Board of County Commissioners does hereby transmit the proposed amendment to the Florida Department of Community Affairs for review and comment in accordance with the provisions of Sections 163.3184 and 380.0522, Florida Statutes; and Section 3. The Monroe County Staff is given the authority to prepare and submit the required transmittal letter and supporting documents for the proposed amendment in accordance with the requirement of 9J-11.006 of the Florida Administrative Code; and Section 4. The Clerk of the Board is hereby directed to forward a copy of this resolution to the Director of Planning and Environmental Resources. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 18th day of July, 2001. Mayor George Neugent Mayor Pro Tem Nora Williams Commissioner Sonny McCoy Commissioner Murray Nelson Commissioner Dixie Spehar yes YilS yes yes yeH Mayor/Chairperson . KOLHAGE, CLERK I),c:... .V13 'AINnOJ 13 '~IJ 'Jr1~. 1DVHlml ! L 0 :2 lold S I ~m1 I D ...' 0 :l~.3 PROPOSED DRAFT ORDINANCE EXHIBIT 1 ORDINANCE NO. -2001 A ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING A REQUEST OF THE MONROE COUNTY PLANNING DEPARTMENT TO AMEND THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN BY AMENDING POLICY 101.3.4 WHICH EXEMPTS PUBLIC FACILITIES FROM THE REQUIREMENTS OF THE PERMIT ALLOCATION SYSTEM WHEREAS, the Monroe County Development Review Committee was presented with a staff report prepared April 6, 2001 by Fred Gross, Island Planning Team Director; and WHEREAS, the Monroe County Development Review Committee on May 15, 2001 reviewed the staff report Findings of Fact and proposed revisions to Policy 101.3.4 of the Comprehensive Plan and recommended approval of the proposed text; and WHEREAS, during a regular meeting held on June 13, 2001 the Monroe County Planning Commission conducted a public hearing on the proposed text and recommendations of staff; and WHEREAS, the Planning Commission directed staff to make certain modifications in the proposed text; and WHEREAS, the Planning Commission, on June 13, 2001 recommended approval of the proposed text as modified; and WHEREAS, the Monroe County Board of County Commissioners during a regular meeting on July 18, 2001 made the following conclusions: 1. Policy 101.3.4 of the Monroe County Year 2010 Comprehensive Plan exempts Public Facilities from the requirements of the Permit Allocation System for new non-residential development; and 2. Policy 101.3.4 also provides that development activity by federally tax-exempt organizations may be exempted from the permit allocation system after findings that it would not adversely affect hurricane evacuation objectives. 3. Policy 101.3.4 further permits these facilities to house transient visitors or temporary residents without regard to the requirements of the Permit Allocation System for residential development; and 4. The relative ease of obtaining a SOl(c) federal tax exemption has made it .ppssible for a large number of organizations to qualify for the tax exemption and thus benefit from the current language of Policy 101.3.4; and 5. These organizations may add little or nothing to the tax base of the County and may do little to serve the needs of the non-transient population while placing a strain on the County's public facilities; and 6. The main beneficiaries of the proposed amendment to the text of Policy 101.3.4 of the Monroe County Year 2010 shall be Monroe County and the non-transient population of Monroe County. NOW THEREFORE; BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following text as requested by the Monroe County Planning Department and modified by the Planning Commission be APPROVED: MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN POLICY 101.3.4 Public facilities shall be exempted from the requirements of the Permit Allocation System for new non-residential development. Certain development activity by federally tax-exempt not-for-profit educational, scientific, health, religious, social, 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 finding that such activity will predominately serve the County's non-transient population. All public and institutional uses that predominately serve the County's non-transient population and which house temporary residents shall be included in the Permit Allocation System for residential development, except upon factual determination that such transient occupancy is of such a nature so as not to adversely impact the hurricane evacuation clearance time of Monroe County. PASSED AND ADOPTED By the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the _day of , 2001. Mayor George Neugent Mayor Pro Tem Nora Williams Commissioner Sonny McCoy Commissioner Murray Nelson Commissioner Dixie Spehar BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor/Chairperson Danny L Kolhage, Clerk