Item B02
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 22,2001
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 organization.
ITEM BACKGROUND: The RUSK Corporation, Inc. is proposing to construct a 1,836 square
foot 12-step meeting facility as an institutional use. This use is permitted as a Minor Conditional
Use in the Suburban Residential (SR) land use district. The proposed facility 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 November 29,2000 Planning Commission meeting
and was passed unanimously on a 4-0 vote.
PREVIOUS RELEVANT BOARD ACTION: None
STAFF RECOMMENDATION: Approval
TOTAL COST:
N/A
BUDGETED: Yes NI A No
COST TO COUNTY: N/A
AMOUNT PER MONTH
N/A
PER YEAR
N/A
APPROVED BY: County Attorney X
OMB/Purchasing NI A
Risk Management N/ A
DEP ARMTENT DIRECTOR APPROVAL:
rowth Management
DIVISION DIRECTOR APPROVAL:
Timoth
DOCUMENT A nON: Included
X
Not required
Agenda Item #:
~
DISPOSITION:
RESOLUTION NO. -2001
A RESOLUTION BY THE MONROE 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 THE RUSK CORPORATION, INC. FOR
A 1,836 SQUARE FOOT 12-STEP MEETING FACILITY. THE
PROPERTY IS LOCATED AT MILE MARKER 99.1 AND IS FURTHER
DESCRIBED AS LOTS 5, 6, 7, 8, AND 9, BLOCK 14, SUNSET COVE
SUBDIVISION, KEY LARGO, MONROE COUNTY, FLORIDA. THE
LAND USE DESIGNATION IS SUBURBAN RESIDENTIAL AND THE
REAL ESTATE NUMBERS ARE 00505840.000000, 00505850.000000,
00505860.000000, 00505870.000000, AND 00505880.000000.
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, The RUSK Corporation, Inc. has requested an exemption from the non-
residential permit allocation system; and
WHEREAS, during a regular meeting held November 29, 2000, the Monroe County
Planning Commission conducted a public hearing on the request of The RUSK Corporation, Inc.
for an exemption to the non-residential permit allocation system for a 12-step meeting facility
and recommended approval of the request to the Board of County Commissioners based on the
following findings of fact and conclusions of law; and
1. The RUSK Corporation, 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 a 1,836 square foot 12-step meeting facility for Institutional use; and
3. This meeting facility is considered an institutional use and requires Minor Conditional
Use approval in the Suburban Residential (SR) land use district; and
Page lof2
The RUSK Corporation, Inc. BOCC Resolution
Initials
4. The proposed 1,836 square foot meeting facility will be serving the needs of current
Monroe County residents and will not have any impact on hurricane evacuation time; and
5. The use as a meeting facility complies with County level of service standards; and
6. The proposed meeting facility 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 meeting facility 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 BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, that the preceding Findings of Fact and Conclusions of Law, support
their decision to APPROVE the request filed by The RUSK Corporation, 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 220d day of February, 2001.
Mayor George Neugent
Mayor Pro Tern Nora Williams
Commissioner Charles "Sonny" McCoy
Commissioner Murray Nelson
Commissioner Dixie Spehar
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
(MA YORlCHAIRMAN)
ATTEST:
DANNY L. KOLHAGE
Signed this
day of
,2001.
DEPUTY CLERK
BY:
Page 2 of2
The RUSK Corporation, Inc. BOCC Resolution
Initials
MEMORANDUM
TO:
The Board of County Commissioners
FROM:
Martin Schultz, Planner
THROUGH: K. Marlene Conaway, Director of Planning
DATE:
January 30, 2001
RE:
THE RUSK CORPORATION, INe. REQUEST FOR EXEMPTION
FROM THE NONRESIDENTIAL PERMIT ALLOCATION SYSTEM
PURSUANT TO POLICY 101.3.4, MONROE COUNTY YEAR 2010
COMPREHENSIVE PLAN.
MEETING DATE: February 22,2001
I. REQUEST:
The RUSK Corporation, Inc. is requesting an exemption from the nonresidential permit
allocation system based on their status as a federally tax exempt 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 obj ectives 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.
The RUSK Corporation, Inc. is proposing the construction of a 1,836 square foot 12-step
meeting facility on property described as Lots 5, 6, 7, 8 & 9, Block 14, Sunset Cove
Subdivision, in Key Largo (RE#s 00505840.000000, 00505850.000000,
00505860.000000, 00505870.000000 and 00505880.000000). The proposed facility is
located in the Suburban Residential (SR) Land Use District, at approximately MM 99.1.
II. PREVIOUS RELEVANT PLANNING COMMISSION ACTION:
On November 29,2000, by Resolution P78-00, the Planning Commission recommended
approval to the Board of County Commissioners of the request by The RUSK
Corporation, Inc. for an exemption to the non-residential permit allocation system
Page 1 of2
RUSK Corporation, Inc. BOCC Exemption Staff Report
pursuant to Monroe County Year 2010 Comprehensive Plan Policy 101.3.4 for a 1,836
square foot 12-step meeting facility.
III. ANALYSIS:
The proposed facility is 1,836 square feet and contains 19 parking stalls. The RUSK
Corporation, Inc. wishes to provide a quality meeting facility where meetings can be
regularly scheduled at a common location. This project will serve the needs of current
Monroe County residents, and will not have any impact on hurricane evacuation time.
The proposed use 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."
A preliminary site plan has also been reviewed for compliance with all other pertinent
standards of the Monroe County Year 2010 Comprehensive Plan and has been found to
be in compliance.
The RUSK Corporation, Inc. has submitted documentation from the Internal Revenue
Service (IRS) District Director dated September 20, 1994 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).
IV. CONCLUSION AND RECOMMENDATION:
Based on the fact that the 12-step meeting facility 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 County
Commissioners that an exemption be granted from the nonresidential permit allocation
system for the RUSK Corporation, Inc.
Page 2 of2
RUSK Corporation, Inc. BOCC Exemption Staff Report
~
~
~---~ .-11-~ ~--~ ---to: -n--~ ._--
l- - ~ - - - - - - - - - - - - - ~ - - ~: .r - - - - -
.~ ~ QO n:J
..~ :t r- u:~
.~ ~:~
"n : ~ ~:J
.. ~ ~ ~~.
ru~_-m-_u-- : t m_m
~: ~
~ ~
OIl
:s
N
>
~
!
r-
:s
~
~
~
'i
:.:l
Q,
:i
!
,
'fi
a
"B
i
~
I
I
I
,
I
I
I
I .'~
_,,_..J__________
j4/
I
I
I
I V<I
0;"" __g 00.0_0.0_
I
I
--_____.1
- - - - - - - - - - - - -,.
:~
;;, ,
-.-.-.-.-.-!;! _._._._.~.
I
I
1- ____....
'"
~
.:9
2:>
i
,;
1
~
~ ~
Q:
:..
B ~
rJ')
WOCt.::l
PLANNING COMMISSION
RESOLUTION
.....
~ .. ~
RESOLUTION #P78-00
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION RECOMMENDING APPRO V AL OF AN EXEMPTION
FROM THE NON-RESIDENTIAL PERMIT ALLOCATION SYSTEM
PURSUANT TO POllCY 101.3.4 OF THE MONROE COUNTY YEAR
2010 COMPREHENSIVE PLAN FOR THE RUSK CORPORATION, INC.
FOR A 1,836 SQUARE FOOT 12-STEP MEETING FACILITY. THE
PROPERTY IS LOCATED AT MILE MARKER 99.1 AND IS FURTHER
DESCRIBED AS LOTS 5, 6, 7, 8, AND 9, BLOCK 14, SUNSET COVE
SUBDMSION, KEY LARGO, MONROE COUNTY, FLORIDA. THE
LAND USE DESIGNATION IS SUBURBAN RESIDENTIAL AND THE
REAL ESTATE NUMBERS ARE 00505840.000000, 00505850.00000o,
00505860.00000o, 00505870.000000, AND 00505880.000000.
WHEREAS, during a regular meeting held November 29, 2000, the Monroe County
Planning Commission conducted a public hearing on the request of The RUSK Corporation, Inc.
for an exemption to the non-residential permit allocation system for a 1,836 square foot, 12-step
meeting facility; and
WHEREAS, the proposed development is located on property legally described as Lots
5,6, 7, 8, and 9, Block 14, Sunset Cove Subdivision; 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 The RUSK Corporation, Inc.; and
2. The staff report from Martin Schultz, Planner, dated October 10, 2000; and
3. The sworn testimony of Monroe County Planning staff; and
Page 10f2
The RUSK Corporation, Inc. Exemption PC Resolution
RE # 00505840.00000o, 00505850.00000o. 00505860.00000o. 00505870.00000o. AND 00505880.00000o
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. The RUSK Corporation, 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 a 1,836 square foot 12-step meeting facility for Institutional use; and
3. This meeting facility is considered an institutional use and requires Minor Conditional
Use approval in the Suburban Residential (SR) land use district; and
4. The proposed 1,836 square foot meeting facility will be serving the needs of current
Monroe County residents and will not have any impact on hurricane evacuation time; and
s. The use as a meeting facility complies with County level of service standards; and
6. The proposed meeting facility 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 APPROV AL to the Board of County Commissioners of the request filed
by The RUSK Corporation, Inc. 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 29th day of November, 2000.
BY
Chair Mapes
Commissioner Werling
Commissioner Stuart
Commissioner Hill
Commissioner Marr
yes
yes
absent
yes
yes
PLANNING COMMISSION OF
NROE CO Y, FLORIDA
Signed this
\\~
BY
~
'"'"
~
Page 20f2
The RUSK Corporation, Inc. Exemption P
RE # 00505840.00000o, 00505850.00000o, 00505860.00000o, 00505870.00000o, AND 00505880.00000o
Initial