Resolution 088a-2010
RESOLUTION NO. 088a-2010
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE
REQUEST BY UNITED PENTECOSTAL CHURCH OF THE
KEYS FOR AN EXEMPTION OF 450 SQUARE FEET OF
NON-RESIDENTIAL FLOOR AREA FROM THE NON-
RESIDENTIAL RATE OF GROWTH ORDINANCE
(NROGO) PERMIT ALLOCATION SYSTEM IN ORDER
TO CONSTRUCT AN ACCESSORY COVERED PORCH,
AT PROPERTY LEGALLY DESCRIBED AS BLOCK 2,
LOT 1, COPPITT SUBDIVISION AMENDED PLAT (pB4-
50), BIG COPPITT KEY, MONROE COUNTY, FLORIDA,
HAVING REAL ESTATE NUMBER 00149580.000000.
WHEREAS, the United Pentecostal Church of the Keys has requested an exemption of
450 ft2 from the NROGO permit allocation system; and
WHEREAS, Policy 101.3.4 of the Monroe County Year 2010 Comprehensive Plan
allows the Board of County Commissioners to exempt federally-exempt non-profit organizations
from the requirements of the non-residential permit allocation system following a fmding by the
Monroe County Planning Commission that such activity win predominately serve Monroe
County's non-transient population and not adversely impact the hurricane evacuation clearance
time of Momoe County; and
WIIEREAS, the subject property is located at 550 Avenue F on Big Coppitt Key,
approximate mile marker 10 (gulf side), and is legally described as Block 2, Lot 1, Coppitt
Subdivision Amended Plat (PB4-50), Big Coppitt Key, Monroe County, Florida, having Real
Estate Number 00149580.000000; and
WHEREAS, during a regularly scheduled public meeting held on December 15,2009,
the Monroe County Planning Commission conducted a review and consideration of the request
and recommended approval to the Board of County Commissioners based on the following
Findings of Fact:
1. ()n August 12, 2009, the applicant applied for a building permit for several
improvements to the existing building and site. Initially the application included the
installation of a new covered porch over an existing concrete slab. The Planning
Department was unable to approve the new covered porch without an allocation from
the NROOO permit allocation system as all covered nonresidential structures are
subject to the NROOO. Rather than await a NROOO allocation and delay the
issuance of a building permit allowing the other improvements, the applicant decided
to remove the covered porch from the building pel111it application, apply for an
exemption from the NROGO and, if received, apply for a new building permit for the
covered porch following the reception of the exemption. Building Permit 091-3098
was issued for the other improvements..on S~tember 2, 2009.
2. The proposed covered porch will result in 450 ft2 of new non-residential floor area on
the subject property. The 450 ft2 of new non-residential floor area must be either
acquired through the NROGOpemnt allocation system, transferred on-site from an
eligible sender site or exempted from the NltOOO permit allocation system.
3. Pursuant to ~138-50(4) of the Monroe County Code and Policy 101.3.4 of the
Monroe County Year 2010 Comprehensive Plan, non-residential development
activity by federally tax exempt not-for..profit organizations may not be affected by
the NROGO if an exemption is approved by tlte Board of County Commissioners,
following a review and :finding by the Planning Commission. To be eligible, a not-
for-profit organization must be an. educational, scientific, health, religious, social,
cultural and/or recreational organization which predominately serves the county's
permanent population.
4. Planning &, Bnvironmental Resources Department staff found that the applicant has
demonstrated that all of the required standards shall be met and recommended
approval with conditions.
WHEREAS, during a regularly scheduled public meeting held on December 15, 2009,
the Monroe County Planning Commission conducted a review and consideration of the request
and recommended approval to the Board of County Commissioners based on the fonowing
Conclusions of Law:
1. United Pentecostal Church of the Keys is a non-profit entity, as designated by the
Internal Revenue Service.
2. United Pentecostal Church of the Keys is a religious organization.
3. United Pentecostal Church of the Keys predominately serves Monroe County's
permanent population.
4. The subject property is designated tier 3 and is not within an area proposed for
acquisition.
5. The request is consistent with the provisions and intent of the Monroe County Year
2010 Comprehensive Plan.
6. The request is consistent with the provisions and intent of the Monroe County Code;
and
WBEREAS, the Board of County Commissioners has duly considered the
recommendations, Findings of Fact and Conclusions of Law of the Monroe County Planning
Commission and hereby adopts the preceding Findings of Fact and Conclusions of Law;
NOW THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD
OF COUNTY COMMISSIO that the preceding Findings of Fact and Conclusions of
Law support its decision to APPROVE the request by the United Pentecostal Church of the
Keys for an exemption of 450 ft2 of non-residential floor area from the NROGO permit
allocation with the fonowing conditions:
1. Non-residential floor area exempted under this approval may be utilized only by the
not-for-profit. church on-site. and may not be. changed to a commercial use .or used by
a for-profit organization without permit approvals and a NROGO application and
receipt of a non-residential floor area allocation for the converted floor area. A 20-
year restrictive covenant shall be placed on the property in favor of the County that
requires. a NROGO allocation be obtained if any change in use or ownership occurs.
2. A.building permit.shall be applied for and received prior to construction of the 450 ft2
covered porch addition.
'!if
3. The 450 ft2 of exempted non-residential floor area may be used for the proposed
accessory structure and use only. Its floor area may not be may not be .enclosed or
otherwise incorporated. into the principal use of the church unless a) the subject
property's land use district designation is amended to a district that allows
institutional uses and proper permits are obtained or b) the text relating to the
permitted uses in the Improved Subdivision (IS) district is amended to allow such an
expansion.
4. This approval does not recognize the existing non-residential floor area as
conforming. The existing institutional use is non-conforming to the current
provisions of the Improved Subdivision (IS) district and subject to the non-
conformity regulations of the Monroe County Land Development Code and
Comprehensive Plan.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a
regular meeting held on the Match 17th day of Match, 2010.
Mayor Sylvia Murphy
Mayor pro te11l Heather Carruthers
Commissioner Mario Di Gennaro
Commissioner George Neugent
Commissioner Kim Wigington
Yes
Yes
Yes
Yes
Yes
w
-
Mayor Sylvia Murphy
!! 11
r
.. rr\
r-'
BY:
L. KOLHAGE, CLERK
C..~
Clerk
!:
\Q
...
en
~
1
:::0
::::0
fT1
("')
o
;:0
c