Resolution 167-2000
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RESOLUTION NO.1 fi 7 2000
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING AN
EXEMPTION FROM THE NONRESIDENTIAL PERMIT
ALLOCATION SYSTEM PURSUANT TO POLICY 101.3.4
OF THE YEAR 2010 COMPREHENSIVE PLAN FOR CLUB
DUCK KEY, INC. TO CONSTRUCT A RECREATIONAL
FACILITY TO CONSIST OF ONE 5,208 SQUARE FOOT
RECREATIONAL BUILDING, TWO TENNIS COURTS,
AND ONE SWIMMING POOL ON PROPERTY DESCRIBED
AS LOTS 1 THROUGH 4 AND LOTS 7 THROUGH 10,
BLOCK 15, CENTER ISLAND, DUCK KEY, MONROE
COUNTY, FLORIDA, APPROXIMA TEL Y MILE MARKER
61. THE REAL ESTATE NUMBERS ARE 00382080-000000,
00382090-000000, 00382100-000000, 00382110-000000,
00382140-000000, 00382150-000000, 00382160-000000,
00382170-000000.
WHEREAS, Policy 101.3.4 of the Year 2010 Comprehensive Plan allows the Board of
County Commissioners to exempt federally tax-exempt, nonprofit 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, Club Duck Key, Inc. has requested an exemption from the nonresidential
permit allocation system; and
WHEREAS, the proposed recreational facility is to be located at Lots 1 through 4 and
Lots 7 through 10, Block 15, Center Island on Duck Key, Monroe County, Florida, Mile Marker
61; and
WHEREAS, the recreational facility would be open to property owners of Duck Key
provided that the property owner is a member of Duck Key Property Owners Association and
Club Duck Key, Inc.; and
WHEREAS, Club Duck Key, Inc. has obtained the approval of a majority of the
property owners to amend the recorded restrictive covenants of the community in order to permit
a recreational facility on Lots 1 through 4 and Lots 7 through 10, Block 15, Center Island; and
WHEREAS, the parcel proposed for development will remove eight lots from residential
development, thereby reducing the potential for development of eight single-family homes; and
WHEREAS, on February 9, 2000, the Planning Commission heard the request of Club
Duck Key, Inc. for an exemption and recommended approval of the request to the Board of
County Commissioners based on the following findings of fact and conclusions:
1. Based on the application, we find that the Club Duck Key, Inc. is claiming to be a
federally tax-exempt nonprofit organization; however, recognition of this status by the
Internal Revenue Service has not been received. Therefore, we conclude that the Club
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Duck Key, Inc. may be exempted from the nonresidential permit allocation system upon
recognition under Section 501 (c)(7) of the Internal Revenue Code.
2. Based on the application, we find that the 5,208 square foot recreational building, one
swimming pool and two tennis courts will be servicing the needs of current Monroe
County residents, Therefore, we conclude that the Club Duck Key, Inc. will not have any
impact on hurricane evacuation times.
3. Based on the application, we find that the recreational facility will be constructed on
eight lots, thereby reducing the potential for eight single-family residential units.
Therefore, we conclude that the Club Duck Key, Inc. is in compliance with the Monroe
Countv Year 2010 Comprehensive Plan, Goal 101; and
WHEREAS, the Board of County Commissioners has duly considered the
recommendations and findings of fact of the Planning Commission and adopts the findings of fact
as its 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 the request filed by Club Duck Key, Inc., a federally, tax-exempt
institution, for an exemption to Monroe County's nonresidential permit allocation system
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a special meeting held on April 20, 2000.
Mayor Freeman
Mayor Pro Temp Neugent
Commissioner Harvey
Commissioner Williams
Commissioner Reich
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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APPROVED AS TO FORM
~LEGALS~/ENCY
BY .AYe ~ '.A'--7
Attorney's Office
DANNY L. KOLHAGE, CLERK
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