Item B03BOARD OF COUNTY COMMSSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 17, 2000 Division: Growth Management
Bulk Item: Yes X No
Department: Planning
AGENDA ITEM WORDING: Approval of exemption from the non-residential permit allocation system
based on status as a federally tax-exempt non-profit religious organization.
ITEM BACKGROUND:
The St. Nicholas Greek Orthodox Church is proposing to construct a 4,750 square foot institutional use a minor
conditional use.
The proposed church 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 June 21, 2000 Planning Commission meeting and was passed unanimously on a 4-0
vote.
PREVIOUS RELEVANT BOARD ACTION:
Approval of exemption from the non-residential permit allocation system based on status as a federally tax-
exempt religious organization on February 17, 2000 by Resolution No. 095-2000. The approval of exemption
allowed for construction of a 3,217 square foot church.
STAFF RECOMMENDATION:
Approval
TOTAL COST: N/A
COST TO COUNTY: N/A
BUDGETED: Yes N/A NO
AMOUNT PER MONTH N/A PER YEAR
APPROVED BY: County Attorney X
DEPARTMENT DIRECTOR APPROVAL:
DIVISION DIRECTOR APPROVAL:
N/A
OMB/Purchasing N/A Risk Management
X/, 2a:j'f'�
K<, Marlene C y, Direct(e)f Planning
N/A
��Timoth c ector of Growth Management
DOCUMENTATION: Included X To follow Not required
•
DISPOSITION: Agenda Item #:
St. Nicholas Greek Orthodox Church is proposing to construct a 4,750 square foot church
building as an institutional use. The St. Nicholas parishioners have been using the St. James the
Fisherman Episcopal Church on Saturday mornings for the past seven years and now wish to
build their own church. Due to their status. as a federally tax-exempt non-profit organization,
they are eligible to receive an exemption from the non-residential permit allocation system.
St. Nicholas initially received an exemption to construct a 3,217 square foot church in February
of 2000. They subsequently came to the conclusion that a building that size would not be
adequate for their needs. Therefore, they have now come back and applied for an exception for a
larger (4,750 sq. ft.) building.
Churches are considered institutional uses and are allowed as minor conditional uses in the
Suburban Residential (SR) land use district. The use also complies with County level of service
standards. The proposed church will be serving the needs of current Monroe County residents
and will not have any impact on hurricane evacuation time. The church also is in compliance
with all applicable land development regulations and the Monroe County Year 2010
Comprehensive Plan.
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PLANNING COMMISSION RESOLUTION
RESOLUTION NO. P45-00
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 ST. NICHOLAS GREEK
ORTHODOX CHURCH AND THE ORTHODOX CHRISTIAN
CON0 UNITY OF THE KEYS. THE PROPERTY IS LOCATED AT MILE
MARKER 98.1 AND IS FURTHER DESCRIBED AS TRACT "A",
CARIBBEAN HEIGHTS SUBDIVISION, ISLAND OF KEY LARGO,
MONROE COUNTY, FLORIDA. THE LAND USE DESIGNATION IS
SUBURBAN RESIDENTIAL AND THE REAL ESTATE NUMBER IS
0492970.000000.
WHEREAS, during a regular meeting held June 21, 2000, the Monroe County Planning
Commission conducted a public hearing on the request filed by the St. Nicholas Greek Orthodox
Church, for an exemption to the non-residential permit allocation system for a new church; and
WHEREAS, the proposed development is located on property legally described as Tract
"A", Caribbean Heights Subdivision Addition, Island of Key Largo; and
WHEREAS, the above -described property is located in the Suburban Residential (SR)
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 St. Nicholas Greek Orthodox Church; and
2. The staff report from Donny Lang, Senior Planner, dated June 2, 2000; and
3. The sworn testimony of Monroe County Planning staff; and
4. Comments by Karen Cabanas Esquire, Planning Commission Counsel; 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. St. Nicholas Greek Orthodox Church and The Orthodox Christian Community of the
Florida Keys is a Federally tax-exempt non-profit organization; and
St. NichoLWP45-00
Page 1 of 2
Initi
2. An exemption to Monroe County Year 2010 Comprehensive Plan Policy 101.3.4 is
required to construct the 4,750 Sq. Ft. church building as an Institutional use; and
3. Churches are considered institutional uses and are allowed as Minor Conditional uses in
the Suburban Residential (SR) land use district; and
4. The proposed 4,750 square foot church will be serving the peeds of current Monroe
County residents and will no have any impact on hurricane evacuation time; and
5. The use as a church complies with County level of service standards; and
6. The proposed church 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 the
St. Nicholas Greek Orthodox Church and The Orthodox Christian Community of the Florida
Keys 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 20 day of June, 2000.
Chair Mapes
yes
Commissioner Main
yes
Commissioner Stuart
yeses
Commissioner Werling
ryes
Commissioner Hill
absent
PLANNING COMMISSION OF
' MONROE COUNTY, FLORIDA
BY,--
i Lynn Mapes, Chair
Signed this tk day of , 2000.
'J
TO FORM
AND AL S
BY
Attotn�y's Officx
St. NichoiWP45-00
Page 2 of 2
Initi
MEMORANDUM
TO: The Board of County Commissioners
FROM: K. Marlene Conaway, Director of Planning
DATE: June 26, 2000
RE: ST. NICHOLAS GREEK ORTHODOX CHURCH AND THE ORTHODOX
CHRISTIAN COMMUNITY OF THE KEYS REQUEST FOR EXEMPTION
FROM THE NONRESIDENTIAL PERMIT ALLOCATION SYSTEM
PURSUANT TO POLICY 101.3.4, MONROE COUNTY YEAR 2010
COMPREHENSIVE PLAN.
MEETING DATE: August 17, 2000
I. REOUEST:
St. Nicholas Greek Orthodox Church and the Orthodox Christian Community of the Florida Keys,
Inc. is requesting an exemption from the nonresidential permit allocation system based on their status
as a federally tax exempt religious 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 finding that such activity will not adversely affect the hurricane
evacuation objectives of the Comprehensive Plan... All other provision 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.
The Jenetopulos Group, agent for St. Nicholas Greek Orthodox Church, is proposing the construction
of a 4,750 square foot domed church with an open courtyard on property described as Tract A,
Caribbean Heights, in Key Largo (RE# 0492970.000000) The proposed building is located in the
Suburban Residential (SR) Land Use District, adjacent to U. S. #1 at MM 98.1.
St.Nicholas BOCC Staff Report Page 1 of 2
H. PREVIOUS RELEVANT PLANNING COMI%HSSION ACTION:
On January 26, 2000, by Resolution P4-00, the Planning Commission recommended approval to the
Board of County Commissioners of the request filed by St. Nicholas Greek Orthodox Church for an
exemption to the non-residential permit allocation system pursuant to Monroe County Year 2010
Comprehensive Plan Policy 101.3.4.for a 3,217 square foot church.
On June 21, 2000, by Resolution P45-00, the Planning Commission recommended approval to the
Board of County Commissioners of the request to enlarge the previously approved church exemption
an additional 1,533 square feet, for a total of 4,750 square feet.
III. ANALYSIS:
The proposed church is a 4,750 square foot domed church and social hall, adjoined by an open
courtyard and a 21 space parking lot. The St. Nicholas parishioners have been using the St. James the
Fisherman Episcopal Church on Saturday mornings for the past seven years and now wish to build
their own church. The St. Nicholas Greek Orthodox Church will be serving the needs of current
Monroe County residents, and will not have any impact on hurricane evacuation time.
The proposed church will require Minor Conditional use approval. The project has been reviewed and
found to be 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 have been found to be in compliance with all applicable Land
Development Regulations and the Year 2010 Comprehensive Plan.
St. Nicholas Greek Orthodox Church has submitted documentation from the Internal Revenue Service
(IRS) District Director dated March 26, 1992 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).
CONCLUSION AND RECOMMENDATION:
Based on the fact that the church will not have any impact on hurricane evacuation objectives and that
preliminary plans have been found to be in compliance with the Monroe County 2010 Comprehensive
Plan, Staff recommends to the Board of County Commissioners that an exemption be granted from
the nonresidential permit allocation system for St. Nicholas Greek Orthodox Church and the Orthodox
Christian Community of the Keys.
St.Nicholas BOCC Staff Report Pale 2 of 2
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 ST. NICHOLAS GREEK ORTHODOX
CHURCH AND THE ORTHODOX CHRISTIAN COMMUNITY OF THE
KEYS. THE PROPERTY IS LOCATED AT MILE MARKER 98.1 AND IS
FURTHER DESCRIBED AS PART OF TRACT "A", CARIBBEAN
HEIGHTS SUBDIVISION, ISLAND OF KEY LARGO, MONROE
COUNTY, FLORIDA. THE LAND USE DESIGNATION IS SUBURBAN
RESIDENTIAL AND THE REAL ESTATE NUMBER IS O4592970.000000.
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, St. Nicholas Greek Orthodox Church has requested an exemption from the
non-residential permit allocation system; and
WHEREAS, during a regular meeting held June 21, 2000, the Monroe County Planning
Commission conducted a public hearing on the request by St. Nicholas Greek Orthodox Church
and The Orthodox Christian Community of the Keys, for an exemption to the non-residential
permit allocation system for a church and recommended approval of the request to the Board of
County Commissioners based on the following findings of fact and conclusions of law:
1. The St. Nicholas Greek Orthodox Church and the Orthodox Christian Community of the
Florida Keys, Inc., 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 construct the 4,750 Sq. Ft. building as an Institutional use; and
3. Churches are considered institutional uses and are allowed as Minor Conditional uses in
the Suburban Residential (SR) land use district; and
4. The proposed 4,750 square foot church will be serving the needs of current Monroe
County residents and will no have any impact on hurricane evacuation time; and
5. The use as a church complies with County level of service standards; and
St. Nicholas BOCC Resolution Page 1 of 2
Initial
6. The proposed church 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 church 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 an conclusions of law of the Planning Commission 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 St. Nicholas Greek Orthodox Church and the
Orthodox Christian Community of the Florida Keys, Inc., 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 17t' day of August, 2000.
I�
(MAYOR/CHAIRMAN)
(SEAL)
Mayor Freeman
Mayor Pro Tem Neugent
Commissioner Harvey
Commissioner Reich
Commissioner Williams
ATTEST DANNY L. KOLHAGE, CLERK
BY:
DEPUTY CLERK
Resolution #
St. Nicholas BOCC Resolution Page 2 of 2
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
APPROVED AS TO FORM
AND SiJFFI N
BY
Auo®ay's Offoe
Initial