Item B02
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 16,2001
Division: Growth Management
Bulk Item: Yes X
No
Department: Planning & Environmental Resources
AGENDA ITEM WORDING: Approval of a resolution granting' an exemption from the non-
residential permit allocation system for Marine Resources Development Foundation, Inc. for
construction of educational facilities.
ITEM BACKGROUND: The Marine Resources Development Foundation, Inc., a tax-exempt not for
profit organization, is proposing to construct additional educational facilities consisting of classroom
and laboratory space as an institutional use and is requesting an exemption from the non-residential
permit allocation system in accordance with Comprehensive Plan Policy 101.3.4. This property is
considered a marina and the proposed additional space is therefore considered an Amendment to a
Major Conditional Use. The proposed facility will not have an impact on hurricane evacuation time as
no new dormitory space will be permitted. The item was heard at the May 23, 2001 Planning
Commission meeting and was passed unanimously on a 5-0 vote with the condition that the applicant
demonstrate through the Transfer of Development Rights process that the property is not over the
allowed density for the site prior to the issuance of a development order.
PREVIOUS REVELANT BOCC ACTION: NONE
CONTRACT/AGREEMENT CHANGES: NONE
ST AFF RECOMMENDATIONS: APPROVAL
TOT AL COST:
N/A
BUDGETED: Yes N/A No
COST TO COUNTY: N/ A
REVENUE PRODUCING: Yes N/A
No
AMOUNT PER MONTH N/ A Year N/ A
DOCUMENTATION:
Incl uded X
cGarry, AICP
APPROVED BY: County Atty ~
DIVISION DIRECTOR APPROVAL:
Not Required_
AGENDA ITEM # J ~ 02...
DISPOSITION:
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BOCC~RESOLUTION
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RESOLUTION NO. -2001
A RESOLUTION BY THE MONROE BOARD OF COUNTY
COMMISSIONERS 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 THE MARINE RESOURCES
DEVELOPMENT FOUNDATION, INC FOR ADDITIONAL
EDUCATIONAL FACILITIES CONSISTING OF LABORATORY AND
CLASSROOM SPACE. THE PROPERTY IS LOCATED OFF
TRANSYLVANIA AVENUE AT APPROXIMATELY MILE MARKER 103
AND IS FURTHER DESCRIBED AS LOTS 12, 13, 14, AND 15, BLOCK 6;
PART OF LOT 3 AND LOTS 4, 5, 6, 7, AND 8, BLOCK 8; AND PART OF
SHORELAND DRIVE, AND ADJACENT SUBMERGED LANDS,
ANGLERS PARK SUBDIVISION, KEY LARGO, MONROE COUNTY,
FLORIDA. THE LAND USE DESIGNATION IS SUBURBAN
COMMERCIAL AND THE REAL ESTATE NUMBER IS 00469430.000000.
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 Marine Resources Development Foundation, Inc. has requested an
exemption from the non-residential permit allocation system; and
WHEREAS, during a regular meeting held May 23,2001, the Monroe County Planning
Commission conducted a public hearing on the request of the Marine Resources Development
Foundation, Inc. for an exemption to the non-residential permit allocation system for additional
educational facilities consisting of laboratory and classroom space 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 Marine Resources Development Foundation, Inc. is a federally tax-exempt non-profit
organization; and
Page 1 of3
The RUSK Corporation, Inc. BOCC Resolution
Initials
2. An exemption to Monroe County Year 2010 Comprehensive Plan Policy 101.3.4 is
required to construct additional educational facilities consisting of laboratory and
classroom space; and
3, This meeting facility is considered an institutional use on property considered a marina
and requires Major Conditional Use approval inthe Suburban Commercial (SC) land use
district; and
4. The proposed additional floor space will not have any impact on hurricane evacuation
time as no new additional dormitory rooms are permitted; and
5. The institutional use must comply with County level of service standards and all
applicable land development regulations and the Monroe County 2010 Comprehensive
Plan prior to development approval; and
6. The site is currently over the allowed density according to the land development
regulations; and
7. The applicant must demonstrate through the Transfer of Development Rights process that
any new floor area in the future will not exceed the allowable density for the site; and
8. The Transfer of Development Rights process requires Minor Conditional Use approval
for the sender site and receiver site; and
Therefore, we conclude that based on numbers 1-8 above, that the educational facilities 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 Marine Resources
Development Foundation, 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 with the following condition:
1. Prior to the issuance of a development order, the applicant shall demonstrate through the
Transfer of Development Rights process that the property is no longer over the allowed
density for the site.
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The RUSK Corporation, Inc. BOCC Resolution
Initials
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 16nd day of August, 2001.
Mayor Neugent
Mayor Pro Tem Williams
Commissioner Spehar
Commissioner Nelson
Commissioner McCoy
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
(MAYOR/CHAIRMAN)
ATTEST:
DANNY L. KOLHAGE
Signed this
day of
, 2001.
BY:
DEPUTY CLERK
Resolution #
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The RUSK Corporation, Inc. BOCC Resolution
Initials
..
BOCC STAFF REPORT
MEMORANDUM
TO:
The Board of County Commissioners
FROM:
Martin Schultz, Senior Planner
THROUGH: K. Marlene Conaway, Director of Planning
DATE:
June 5, 2001
RE:
THE MARINE RESOURCES DEVELOPMENT FOUNDATION, INC.
REQUEST FOR EXEMPTION FROM THE NONRESIDENTIAL
PERMIT ALLOCATION SYSTEM PURSUANT TO POLICY 101.3.4,
MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN.
MEETING DATE: August 16,2001
I. REQUEST:
The Marine Resources Development Foundation, 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 objectives of the Comprehensive Plan...
All other provisions of the Comprehensive Plan shall apply to development
exempted tyom the Permit Allocation System, including compliance with the
adopted levels of service for the provision of adequate public facilities.
The Marine Resources Development Foundation, Inc. is proposing the construction of
additional educational facilities consisting of laboratory and classroom space on property
described as Lots 12, 13, 14, and 15, Block 6; Part of Lot 3 and Lots 4, 5, 6, 7, and 8,
Block 8; and Part of Shoreland Drive, and adjacent submerged lands, Anglers Park
Subdivision, in Key Largo (RE# 00469430.000000). The proposed facility is located in
the Suburban Commercial (SC) Land Use District, at approximately MM 103.
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Marine Resources Development Foundation, Inc. BOCC Exemption Staff Report