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Item B2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: March 16,2000 Division: Growth Management Bulk Item: Yes X No Department: Planning AGENDA ITEM WORDING: Approval of a resolution approving an exemption from the nonresidential permit allocation system pursuant to Policy 101.3.4 of the Year 2010 Comprehensive Plan for the Florida Keys Outreach Coalition, Inc. to construct an aqua farm to consist of one 5,000 square foot greenhouse and one 100 square foot accessory building at 132 Mako Avenue on property described as a part of Government Lot 4, Section 30, Township 66S, Range 29E, Ramrod Key, Monroe County, Florida at approximately mile marker 27. The real estate identification number is 00114120-000000. ITEM BACKGROUND: The Planning Commission heard the applicant's request on January 12, 2000 and recommends approval of the request to the Board of County Commissioners. Attached is a copy of the signed Planning Commission Resolution #1-00. The staff believes that consturction of the aqua farm will not adversely affect the hurricane objectives of the Comprehensive Plan. PREVIOUS RELEVANT BOARD ACTION: None. STAFF RECOMMENDATION: Approval. TOTAL COST: N/A BUDGETED: Yes No COST TO COUNTY: N/A APPROVED BY: County Attorney _ ~ OMBlPurchasing _N/A Risk Management N/A PLANNING DIRECTOR APPROVAL: >r. ~~ ~<-,-~ K. Marlene Conaway, Direc r of PI nning DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included X To follow Agenda Item #: ~ DISPOSITION: BOCC AI Exemption 02/07/003:25 PM MEMORANDUM FROM: The Board of County Conunissioners K. Marlene Conaway, Director of Planningi~ TO: DATE: February 7,2000 SUBJECT: PERMIT FLORIDA KEYS OUTREACH COALITION, INC. FOR EXEPTION FROM COMMERCIAL ALLOCATION SYSTEM PURSUANT TO POLICY 101.3.4, MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN. MEETING DATE: March 16, 2000 I. REQUEST: The Florida Keys Outreach Coalition, Inc. is requesting an exemption from the non-residential permit allocation system based on their status as a federally tax exempt organization. POLICY 101.3.4 STATES TIIAT: 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 Planning Commission upon a fmding that such activity will not adversely affect the hurricane evacuation objective 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 facilities. The FKOC would like to construct a series of greenhouses to be used as an aqua farm. The long-range plan for the project includes a total of five greenhouses. Each greenhouse is 5,000 square feet and one 100 square foot accessory building is required. This request is for the first 5,000 square foot greenhouse and a 100 square foot accessory building. The project site is located on property described as " a part of Lot 4, Section 30, Township 66 South, Range 29 East Monroe County, Florida; more particularly described as beginning at the Southeast Comer of Lot 4, thence run North 209 feet, thence run West 275 feet to the point of beginning: continue running West 250 feet, thence run South 189 feet, thence run East 250 feet, thence run North 189 feet to the point of beginning; (see "Exhibit A"). The Florida Keys Outreach Coalition, Inc (FKOC) is a not for profit corporation, (please see attachment for more information) that services Monroe County's homeless and those with substance abuse addictions and/ or mental disorders. Page 1 of 2 BOCC Staff Report II. PREVIOUS RELEVANT PLANNING COMMISSION ACTION: On January 12, 2000, by Resolution #1-00, the Planning Commission recommended to the Board of County Commissioners approval of the request of the Florida Keys Outreach Coalition, Inc. for an exemI:'tio~ from the non-residential permit allocation system based on their status as a federally tax exempt orgaruzatIon. III. ANALYSIS: The Florida Keys Outreach Coalition, Inc. has submitted a letter from the Internal Revenue Service, dated June 10, 1993, which states that the organization has been recognized as tax exempt since December 31, 1991. The aquatic farm would be a symbiotic system comprised of fresh water fish in tanks and hydroponically grown vegetables. The revenue gained from the aquatic farm would be used to support FKOC's homeless program in the county. The parcel proposed for development is leased by FKOC for a period of five years with an option to renew for another five-year period. The lease will commence at that point is time when all building permits have been secured. The application was reviewed for its compliance with Objective 101.1, of the Comprehensive Plan, 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." The proposed development is in compliance with all applicable levels of service standards. Initial review of the proposed development has begun. Compliance with all other pertinent standards of the Monroe County Comprehensive Plan has not been determined at this time. The project will require conditional use review and approval. IV. CONCLUSION AND RECOMMENDATION: The proposed 5,000 square foot greenhouse and a 100 square foot accessory building will have no impact on hurricane evacuation objectives since it will serve the existing residents of Monroe County. Based on the above analysis and the fact that the application is in compliance with Policy 101.3.4, Staff recommends that an exemption be granted from the non-residential permit allocation system for the Florida Keys Outreach Coalition with the following condition: At such time as the aqua farm is no longer operated by Florida Keys Outreach Coalition, the 5,000 square foot greenhouse and 1 00 square foot accessory building shall be either: a) demolished unless they can be permitted and said permit(s) are applied for and received within ninety (90) days; or b) shall not be occupied by any individual, group, or organization unless they fulfill the criteria required by Monroe County Year 2010 Comprehensive Plan Policy 101.3.4. Page 2 of 2 BOCC Staff Report I"'" Planning Department RESOLUTION NO. -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 THE FLORIDA KEYS OUTREACH COALITION, INC. TO CONSTRUCT AN AQUA FARM TO CONSIST OF ONE (1) 5,000 SQUARE FOOT GREENHOUSE AND ONE (1) 100 SQUARE FOOT ACCESSORY BUILDING, AT 132 MAKO AVENUE, ON PROPERTY DESCRIBED AS A PART OF GOVERNMENT LOT 4, SECTION 30, TOWNSHIP 66S, RANGE 29E, RAMROD KEY, MONROE COUNTY, FLORIDA, APPROXIMATE MILE MARKER 27. 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, Florida Keys Outreach Coalition, Inc. has requested an exemption from the nonresidential permit allocation system; and WHEREAS, on January 12, 2000, the Planning Commission heard the request of Florida Keys Outreach Coalition, 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 of Law: 1. Florida Keys Outreach Coalition, Inc. is a federally tax-exempt nonprofit organization; and 2. The Aqua Farm, consisting of one 5,000 square foot greenhouse and one 100 square foot accessory building, will be servicing the needs of current Monroe County residents, and thus, will not have any impact on hurricane evacuation times; and 3. The Aqua Farm complies with County level of service standards; and 4. Staff is currently reviewing the Aqua Farm for compliance with all other pertinent standards of the County 2010 Comprehensive Plan; and Therefore, we conclude that based on numbers 1-4 above, that the addition will not adversely affect the hurricane objectives of the Comprehensive Plan; 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 Florida Keys Outreach Coalition, Inc., a federally tax exempt institution, for an exemption to the nonresidential permit allocation system with the following condition: 1. At such time as the Aqua Farm is no longer operated by the Florida Keys Outreach Coalition, the 5,000 square foot greenhouse and the 100 square foot accessory building shall be either: a. demolished; unless they can be permitted and said permit(s) are applied for and received within 90 days; or b. shall not be occupied by any individual, group, or organization unless they fulfill the criteria required by Monroe County Year 2010 Comprehensive Plan Policy 101.3.4. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 16th day of March 2000. Mayor Freeman Mayor Pro Tem Neugent Commissioner Harvey Commissioner Williams Commissioner Reich BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: (MA YOR'CHAIRMAN) (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK u BY: DEPUTY CLERK Resolution # RESOLUTION NO. P 1-00 A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION APPROVING AN EXEMPTION FROM THE NONRESIDENTIAL PERMIT ALLOCATION SYSTEM PURSUANT TO POLICY 101.3.4 OF THE YEAR 2010 COMPREHENSIVE PLAN FOR THE FLORIDA KEYS OUTREACH COALITION, INC. TO CONSTRUCT AN AQUA FARM TO CONSIST OF ONE 5,000 SQUARE FOOT GREENHOUSE AND ONE 100 SQUARE FOOT ACCESSORY BUILDING AT 132 MAKO AVENUE ON PROPERTY DESCRIBED AS A PART OF GOVERNMENT LOT 4, SECTION 30, TOWNSHIP 66S, RANGE 29E, RAMROD KEY, MONROE COUNTY, FLORIDA, APPROXIMATE MILE MARKER 27. THE REAL ESTATE NUMBER IS 00114120-000000. WHEREAS, the Monroe County Planning Commission, during a regular meeting held on January 12, 2000, conducted a public hearing on the request filed by the Florida Keys Outreach Coalition, Inc. for an exemption from the nonresidential permit allocation system for the construction of an aqua farm to consist of one 5,000 square foot greenhouse and one 100 square foot accessory building; and WHEREAS, the proposed greenhouse and accessory building is to be located at 132 Mako Avenue, Ramrod Key, Florida, Mile Marker 27; and WHEREAS, the Planning Commission was presented with information via the following: 1. The request from Pat Valerga, Executive Director, Florida Keys Outreach Coalition, Inc.; and 2. The staff report from Barbara Mitchell, Senior Planner, dated December 13, 1999; and WHEREAS, the aquatic farm would be a symbiotic system comprised of fresh water fish in tanks and hydroponically grown vegetables. The revenue gained from the aquatic farm would be used to support the Florida Keys Outreach Coalition's homeless program in Monroe County; and WHEREAS, the parcel proposed for development has been leased by the Florida Keys Outreach Coalition for a period of five years with an option to renew the lease for another five-year period; 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: Page 1 of 2 .~~- Initials .... ---J , \. ~ PC Res 1-00 Exemption 1. Based on the application, we find that the Florida Keys Outreach Coalition, Inc. is a federally tax-exempt nonprofit organization. Therefore, we conclude that the Florida Keys Outreach Coalition may be exempted from the nonresidential permit allocation system. 2. Based on the application, we find that the 5,000 square foot greenhouse and 100 square foot accessory building will be servicing the needs of current Monroe County residents. Therefore, we conclude that the Florida Keys Outreach Coalition Aqua Farm will not have any impact on hurricane evacuation times. 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 the Florida Keys Outreach Coalition, Inc. for an exemption from the permit allocation system for nonresidential development for federally funded tax-exempt organizations with the following condition: 1. At such time as the aqua farm is no longer operated by the Florida Keys Outreach Coalition, the 5,000 square foot greenhouse and 100 square foot accessory building shall be either: a. demolished; unless they can be permitted and said permit(s) are applied for and received within 90 days; or b. shall not be occupied by any individual, group, or organization unless they fulfill the criteria required by Monroe County Year 2010 Comprehensive Plan Policy 101.3.4. PASSED AND ADOPTED by the Planning Commissioners of Monroe County, Florida, at a regular meeting held on the 12th day of January 2000. Chair Mapes Yes Vice-Chair Gorsuch Yes Commissioner Hill Yes Commissioner Marr Yes Commissioner Stuart Yes BY . PLANNING COMMISSION OF MONROE COUNTY, FLORIDA . } lA~ Signed this ~ day of BY \,,;.1,,,, (6, ../ /1 Lynnl Mapes, Chair / ! , 2000. (' Page 2 of 2 \., .~ ~'- \~ -, , \ ~'" I(i I,' v PC Res 1-00 Exemption Initials "'-'