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.
C:\TEMP\Keys Academy Resolution P-OO.doc
Page 2 of2
~C/kev -
~ fovl<:- J
f;; (tJ ~ Z-
[of> B-IS-
u;~ 10 -IS-
PI1.Vi<P-&IS p ff
~
~~