Item B19
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
Bulk Item: Yes
April 20, 2000
X No
Division: Growth Mana~ement
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 Club Duck Key, Inc. to
construct a recreational facility consisting of a swimming pool, two tennis courts, and a 5,208 square foot structure
on property described as Lots 1 through 4 and Lots 7 through 10, Block 15, Center Island, Duck Key, Monroe
County, Florida at approximately mile marker 61. The real estate identification numbers are 00382080-000000,
00382090-000000, 00382100-000000, 00382110-000000,00382140-000000, 00382150-000000, 00382160-000000,
and 00382170-000000.
ITEM BACKGROUND: The Planning Commission heard the applicant's request on February 9, 2000 and
recommends approval of the request to the Board of County Commissioners. Attached is a copy of the signed
Planning Commission Resolution #08-00. The staff believes that construction of the recreational facility will not
adversely affect the hurricane objectives of the Comprehensive Plan.
PREVIOUS RELEVANT BOARD ACTION: None
STAFF RECOMMENDATION: Approval
TOTAL COST:
NtA
BUDGETED: Yes
No
COST TO COUNTY:
NtA
APPROVED BY: County Attorney X
OMB/Purchasing Nt A Risk Management Nt A
DEPARTMENT DIRECTOR APPROVAL:
of Planning
DIVISION DIRECTOR APPROVAL:
Timothy J. McG
DOCUMENTATION: Included
X
Not required
Agenda!tern #: ~
DISPOSITION:
MEMORANDUM
TO:
FROM:
The Board of County Commissioners
~V
K. Marlene Conaway, Director of Planning 1\
DATE:
March 24, 2000
SUBJECT: PERMIT CLUB DUCK KEY, INC. FOR EXEPTION
FROM COMMERCIAL ALLOCATION SYSTEM PURSUANT TO
POLICY 101.3.4, MONROE COUNTY YEAR 2010
COMPREHENSIVE PLAN.
REQUEST:
Club Duck Key, Inc. is requesting an exemption from the non-residential permit allocation system
based on their status as a federally tax exempt recreational 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 Planning Commission
upon a finding 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.
Club Duck Key, Inc. would like to construct a recreational facility in the residential neighborhood
on Duck Key. The recreational facility would consist of a swimming pool, two tennis courts, and a
5,208 square foot structure. The proposed structure will contain two bathrooms, a kitchen facility
and a reception/gathering area. The project site is located on property described as Lots 1 through
4 and Lots 7 through 10, Block 15, Center Island, on Duck Key (see "Exhibit A").
Club Duck Key, Inc is a not-for-profit corporation under Section 501(c)(7) of the Internal Revenue
Code. Club Duck Key, Inc. was formed in February 1999 as a recreational organization (see
attached Articles of Incorporation). At the time of the Planning Commission hearing, recognition as
a federally tax-exempt organization, to the Internal Revenue Service had been filed; however, a
response had not been received. On March 7, 2000, confirmation from the Internal Revenue
Service was received.
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Report.doc
ANALYSIS:
Duck Key is comprised of 762 platted residential lots on individual islands known as Plantation Island,
Yacht Club Island and Center Island. The majority of the community is governed by recorded restrictive
covenants. These covenants may be amended provided that any amendment is approved by a majority of
the property owners. The required majority has been received and an amendment to the deed restrictions to
permit a recreational facility on the subject lots has been filed with the Clerk of the Court.
The membership in the proposed recreational facility is open to all property owners on the four residential
islands. In order to obtain membership, the property owner must be a member of the Duck Key Property
Owners Association and Club Duck Key. Membership does require an initiation fee with annual
membership dues.
The application was reviewed for its compliance with Objective 101.1, of the Comprehensive Plan,
which states:
'Monroe Coun!) 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 concumnt with the impacts of such
development. "
The proposed development is in compliance with all applicable levels of service standards.
Furthermore, the proposed recreational facility will remove eight lots from residential development, thereby
reducing the potential for development of eight single-family homes.
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.
CONCLUSION AND RECOMMENDATION:
The proposed recreational facility consisting of a swimming pool, two tennis courts, and a 5,208
square foot structure will have no impact on hurricane evacuation objectives since it will serve the
existing residents of Monroe County and reduce the potential for residential development by eight
units. 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 Club Duck Key Inc.
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Report.doc
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 CLUB
DUCK KEY, INe. 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
6 I; 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
County Year 2010 Comvrehensive 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
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
APPROVED AS TO FORM
~LEGALS~/ENCY
.AVf ~ :..-?'r-7
Attorney's Office
(MAYOR)
BY
(SEAL)
ATTEST
DANNY L. KOLHAGE, CLERK
BY
DEPUTY CLERK
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RESOLUTION NO. P 08-00
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 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,
APPROXIMATE 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, the Monroe County Planning Commission, during a regular meeting held on
February 9, 2000, conducted a public hearing on the request filed by Club Duck Key, Inc. for an
exemption from the nonresidential permit allocation system for the construction of an recreational
facility to consist of one 5,208 square foot recreational building, one swimming pool, and two tennis
courts; 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, Florida, Mile Marker 61; and
WHEREAS, the Planning Commission was presented with information via the following:
1. The request from John Wolfe, Counsel for Club Duck Key, Inc.; and
2. The staff report from Barbara Mitchell, Senior Planner, dated January 20, 2000; and
WHEREAS, the recreational facility would be open to the 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 at Lots 1 through 4 and Lots 7 through 10, Block 15, Center Island; and
Page 1 of 3
l't'J Jy
n11~~
PC Res 08 -00 Exemption
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, Club Duck Key, Inc. has applied for recognition by the United States Internal
Revenue Service as a not-for-profit corporation under Section 501(c)(7) of the Internal Revenue
Code and confirmation of said application has not been received; 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:
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 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 County Year 2010
Comprehensive Plan, Goal 101.
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 Club Duck Key, Inc. for an exemption from the permit allocation system for nonresidential
development for federally funded tax-exempt organizations with the following condition:
Page 2 of 3
,niji~r'
PC Res 08 -00 Exemption
1. That Club Duck Key, Inc. is recognized by the Internal Revenue Service as a not-for-profit
corporation under Section 501{c){7) of the Internal Revenue Code prior to approval by the
Board of County Commissioners.
PASSED AND ADOPTED by the Planning Commissioners of Monroe County, Florida, at a
regular meeting held on the 9th day of February 2000.
Chair Mapes Yes
Vice-Chair Gorsuch Absent
Commissioner Hill Yes
Commissioner Marr Yes
Commissioner Stuart Yes
" 1
PLANNING COMMISSION OF
MONR ~ COUNTY, FLORIDA
tv.
BY
BY
Signed this
-- n
+/L~
. 1
.2000.
Page 3 of 3
PC Res 08 -00 Exemption
Initials
IN'I'BRNAI.. REVBNUE SERVI CE
P. O. BOX 2508
CINCINNATI, OH 45201
DEPARTMENT OF THE TREASURY
CLUB DUCK KEY nlC
C/O OSCAR NORRIS
19B INDIES OR SOUTH
DOCK KEY, FL 33050
Employer Identification Number;
65-0896B57
DLN:
17053024039040
Contact per.on:
C RENEE RAILEY IO# 31172
Contace Telephone Number:
(877) 629-5500
Internal Revenue Code
Section 501(c) (7)
Accounting Period Ending:
December 31
Form 990 Required;
Yes
Addendum Applies:
No
Date: .. 01 _
Dear Applicant:
Based OD information supplied, and a.suming your operation. will be a.
seaced in your application for recognition of exemption, we have determined
you are exempe from Federal income tax under section 501(a) of the Internal
Revenue Code as an organization described in the section indicated above.
Unles5 specifically excepted, you are liable for taxes under the Pederal
Insurance Contributions Act (social security tAxes) for each employee eo whom
you pay $100 or more during a calendar year. And, unless excepted, you are
.lso liable for tax under the Federal Unemployment Tax Act for each employee
to whom you pay $50 or more during a calendar quarter if, during the current
or preceding calendar year, you had one or more employees at any time in each
of 20 calendar weeks or you paid wages of $1,500 or more in any calendar
quarter. If you have any questions about excise, employment, or other Federal
taxes, please address them to this ottice.
If your sources of support, or your purposes, character, or method of
operation change, please let us know so we can consider the effect of the
change on your exempt status. In the case of an amendment to your organiza-
tional document or bylaws, please send us a copy of the amended document or
bylaws. Also, you should inform us of all changes in your name or address.
In the heading of ehis letter we have indicated whether you must tile Form
990, Return of Organization Exempt From lncome Tax. It Yes is indi~ated, you
are required to file Form 990 only if your gross receipts each year are
normally more than $25,000. However, it you receive a Form 990 package in the
mail, please file the return even if you do not exceed the gross receipt$ test.
If you are not required to file, simply attach the label provided, check the
box in the heading to indicate that your annual gross receipts are normally
$25,000 or less, and sign the return.
It a return is required, it must he filed by the 15th day of the fifth
month atter the end of your annual accounting period. A penalty of $20 a Oay
is charged when a return is filed late, unless there is reasonable cause for
the delay. However, the maximum penalty charged cannot exceed $10,000 or 5
Letter 948 (De/OG)
-. -~ ....L.tC"J..,J
t:t-1:U i,.,USTERI"ER SERVI CE
513 263 37S6
P.03/1214
-2-
CLUS DUCK KEY INC
percent of your gross receipes for the year, whichever i5 less. For
organizations w1th gross receipt a exceeding $1,000,000 in any year, ~he
penalty ia $100 per day per return, unles. there is reasonable cause tor ~he
delay. The maximum penalty for an organization with gross receipts exceeding
$1.000,000 shall not exceed $SO,OOO. This penalty may also be Chargee if .
return is not complete, so please be sure your return is complete before you
file it.
You are not required eo ~ile Pederal income tax returns unless you are
aubject to the tax on unrelated business income under section 511 of tne Code.
If you are subject to this tAX, you must file an income tax return on Form
990-T, Exempe Organization Business Income Tax Return. In this letter we are
not determining wbeeher any of your present or proposed activities are unre-
lated trade or business as de~ined in eection 513 of the Code.
The law requires you to make your annual return available for public
inspection without charge for three years after the due daee of the return.
You are also required to make available for public 1nspection a copy of your
exemption application, any supporting documents and this exemption letter to
any individual who requests such documents in person or in writing. You can
Charge only a rea5o~.bl. tee ~or reproduction and actual postage costs for the
copied materials. The law does not require you to provide copies of public
in~pection documents that are made widely available, euch as by postins them
on the Internet (World Wide Web). You may be liable tor a penalty of $20 a day
for each day you do not make these documente available for public inspection
Cup to a maximum of $10,000 in the case of an annual return).
You need an employer identification number even if you have no employee5.
If an employer identi~ication number was not entered on your application,
a number will b. assigned to you and you will be advised of it. Please use
that number on all returns you file and in all corre~pondence with the Internal
Revenue Service.
A section SOl (c) (7) organization is permitted to receive up to 3S percent
of its gross receipts, inclUding investment income, from sources outside of ita
membership without losing its tax-exempt status. Of the 3S percent, not more
than lS percent of the gross receipts may be derived from the use of the club'.
faCilities or services by the general public. Income in excess of these limits
may jeopardi%e your continued tax-exempt status.
If we have indicated in the heading of this letter that an addendum
applies, the enclo5e~ addendum is an in~egral part ot ehis letter.
aecause thia letter could help resolve any questions about your e~empt
status, you should keep it in YOur permanen~ recoras.
Letter 948 (PO/CG)
l:H;;U LUSTERr'ER 5ERV 1 CE
513 263 3756
P.04/04
-3~
CLUB OUCK KEY INC
It you have any questions, pleaae contact the person whose name and
telephone number are shown 1n the heading of this letter.
Sincerely yours,
4tften ~. MUler
Steven T. M111er
Director, Ex_mpt Organizations
Letter 948 CDO/CG)
TOTAL P. B4