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Item D6 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 20. 2001 Division: Growth Management Bulk Item: Yes No~ Department: Planning & Environmental Res. AGENDA ITEM WORDING: Second of two public hearings to amend the Monroe County Year 2010 Comprehensive Plan by amending Policy 101.3.4 which exempts Public Facilities from the requirements of the Permit Allocation System. ITEM BACKGROUND: The first public hearing or "transmittal" hearing was held on July 18, 2001. At that meeting, the BOCC recommended approval for the amendment to Policy 101.3.4 exempts Public Facilities from the requirements of the Permit Allocation System for new non-residential development. The Planning Department, upon the instruction of the BOCC, transmitted the proposed amendments to the Department of Community Affairs (DCA) for its consideration. On October 31, 2001, the DCA notified the BOCC that they had reviewed and raised no objections to the proposed amendments for Monroe County (DCA No. 01-2). FOR PURPOSES OF CLARIFICATION, THE MODIFICATIONS TO THE ORIGINAL LANGUAGE OF POLICY 101.3.4 ARE DETAILED ON PAGE 2 OF THE STAFF REPORT. PREVIOUS RELEVANT BOARD ACTION: None CONTRACT/AGREEMENT CHANGES: None ST AFF RECOMMENDATIONS: Approval TOTAL COST: N/A BUDGETED: N/ A COST TO COUNTY: None REVENUE PRODUCING: N/A AMOUNT PER MONTH_ Year APPROVED BY: County Atty X- OMB/Purchasing N/ A DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included X To Follow_ Not Required_ DISPOSITION: AGENDA ITEM #~-::ZJ~ Revised 2/27/01 ,,~ PROPOSED TEXT AMENDMENT TO POLICY 101.3.4 OF THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN Presently, Policy 101.3.4 exempts Public Facilities from the requirements of the Permit Allocation System for new non-residential development. The Policy goes on to define Public Facilities as any federally tax-exempt, not-for-profit organization. The Policy further permits these facilities to house transient visitors or temporary residents without regard to the requirements of the Permit Allocation System for residential development. There is but a single benchmark in the Policy for these exemptions - that such development will not adversely affect the hurricane evacuation objectives of the Comprehensive Plan. There is no language in the Policy that requires the facility to serve or be desirable to the non-transient population of Monroe County. The current language of Policy 101.3.4 has resulted in the approval of development projects that have become a cause of concern for members of the Planning Commission and members of the Board of County Commissioners. Because of this concern, the staff of the Planning Department has worked to modify the current language of Policy 101.3.4. It is the intent of the proposed modifications to further limit the exemption from the non-residential Permit Allocation System to those institutions that can clearly demonstrate that they will predominately serve the County's non-transient population. RECOMMENDATIONS Staff: APPROVAL April 6, 2001 Staff Report DRC: APPROVAL May 15, 2001 Resolution #014-01 pc: APPROVAL June 13, 2001 Resolution: #P39-01 BOCC:APPROVAL July 18, 2001 Resolution: #275-2001 PROPOSED TEXT AMENDMENT ORDINANCE ORDINANCE NO. -2001 A ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING A REQUEST OF THE MONROE COUNTY PLANNING DEPARTMENT TO AMEND THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN BY AMENDING POLICY 101.3.4 WHICH EXEMPTS PUBLIC FACILITIES FROM THE REQUIREMENTS OF THE PERMIT ALLOCATION SYSTEM WHEREAS, the Monroe County Development Review Committee was presented with a staff report prepared April 6, 2001 by Fred Gross, Island Planning Team Director; and WHEREAS, the Monroe County Development Review Committee on May 15, 2001 reviewed the staff report Findings of Fact and proposed revisions to Policy 101.3.4 of the Comprehensive Plan and recommended approval of the proposed text; and WHEREAS, during a regular meeting held on June 13, 2001 the Monroe County Planning Commission conducted a public hearing on the proposed text and recommendations of staff; and WHEREAS, the Planning Commission directed staff to make certain modifications in the proposed text; and WHEREAS, the Planning Commission, on June 13, 2001 recommended approval of the proposed text as modified; and WHEREAS, the Monroe County Board of County Commissioners during a regular meeting on July 18, 2001 made the following conclusions: 1. Policy 101.3.4 of the Monroe County Year 2010 Comprehensive Plan exempts Public Facilities from the requirements of the Permit Allocation Sy:;tem for new non-residential development; and 2. Policy 101.3.4 also provides that development activity by federally tax-exempt organizations may be exempted from the permit allocation system after findings that it would not adversely affect hurricane evacuation objectives. 3. Policy 101.3.4 further permits these facilities to house transient visitors or temporary residents without regard to the requirements of the Permit Allocation System for residential development; and 4. The relative ease of obtaining a sOl(c) federal tax exemption has made it possible for a large number of organizations to qualify for the tax exemption and thus benefit from the current language of Policy 101.3.4; and 5. These organizations may add little or nothing to the tax base of the County and may do little to serve the needs of the non-transient population while placing a strain on the County's public facilities; and 6. The main beneficiaries of the proposed amendment to the text of Policy 101.3.4 of the Monroe County Year 2010 shall be Monroe County and the non-transient population of Monroe County. NOW THEREFORE; BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following text as requested by the Monroe County Planning Department and modified by the Planning Commission be APPROVED: MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN POLICY 101.3.4 Public facilities shall be exempted from the requirements of the Permit Allocation System for new non-residentiai" development. Certain development activity by federally tax-exempt not-for-profit educational, scientific, health, religious, social, 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 predominately serve the County's non-transient population. All publiC and institutional uses that predominately serve the County's non-transient population and which house temporary residents shall be included in the Permit Allocation System for residential development, except upon factual determination that such transient occupancy is of such a nature so as not to adversely impact the hurricane evacuation clearance time of Monroe County. PASSED AND ADOPTED By the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the _day of , 2001. Mayor Charles "Sonny" McCoy Mayor Pro Tem Dixie Spehar Commissioner Murray Nelson Commissioner George Neugent Commissioner Nora Williams BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor Charles "Sonny" McCoy (Seal) Danny L Kolhage, Clerk RESOLUTION NO.275 -2001 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS TRANSMITTING TO THE DEPARTMENT OF COMMUNITY AFFAIRS THE REQUEST FILED BY THE PLANNING AND ENVIRONMENTAL RESOURCES DEPARTMENT TO AMEND POLICY 101.3.4 OF THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN. WHEREAS, the Monroe County Board of County Commissioners held a public hearing for the purposes of considering the transmittal to the Florida Department of Community Affairs, for review and comment, of a proposed amendment to Policy 101.3.4 of the Monroe County Year 2010 Comprehensive Plan; and WHEREAS, the Planning Commission and the Monroe County Board of County Commissioners support the requested amendment to Policy 101.3.4 of the Monroe County Year 2010 Comprehensive Plan; and NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT: Section 1. The Board of County Commissioners does hereby adopt the recommendation of the Planning Commission pursuant to the attached draft ordinance (marked as Exhibit 1) for adoption of the of the ~"'onroe County Year 2010 Comprehensive Plan; and Section 2. The Board of County Commissioners does hereby transmit the proposed amendment to the Florida Department of Community Affairs for review and comment in accordance with the provisions of Sections 163.3184 and 380.0522, Florida Statutes; and Section 3. The Monroe County Staff is given the authority to prepare and submit the required transmittal letter and supporting documents for the proposed amendment in accordance with the requirement of 9J-11.006 of the Florida Administrative Code; and Section 4. The Clerk of the Board is hereby directed to forward a copy of this resolution to the Director of Planning and Environmental Resources. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 18th day of July, 2001. Mayor George Neugent Mayor Pro Tem Nora Williams Commissioner Sonny McCoy Commissioner Murray Nelson Commissioner Dixie Spehar --'0 yes yea yes yes yeF: BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By~8'-e ~~ - Mayor/Chairperson . KOLHAGE, CLERK .~~. ~~~l~...l.~ "';.v 4.,.;'\.:. .', ,?O!ll10JI10 "lTHUO: . .~ l' I.':) ,.nr. II pO ,Ill: -, .' .) ~fC!!hfl1 ntat:~~'" ,",! f.~hmO ~r5'f ;l3~ n -._~---"~ ~~ --- .#,~ \ ~. ~AJUoa ... y,,*,'l "..~ ".,,,1' ,...., .........------.....- --'. ~. . ~.~ .Vl.:i 'AINnOJ 3C~-.' 18 "HIJ '}l!~ '38VH10~j --1 ;,'_ L 0 :2 lid C I 'Y>;_~ I r f1 ..J ;,J. j. I L__ ;~>j J:j 3~: ~~.~ i .'_ MEMORANDUM TO: Monroe County Planning Commission FROM: K. Marlene Conaway ~{6/ June 28, 2001 DATE: SUBJECT: Revision to Comprehensive Plan Policy 101.3.4, which exempts Public Facilities from the requirements of the Permit Allocation System BACKGROUND Presently, Policy 101.3.4 exempts Public Facilities from the requirements of the Permit Allocation System for new non-residential development. The Policy goes on to define Public Facilities as any federally tax-exempt, not-for-profit organization. The Policy further permits these facilities to house transient visitors or temporary residents without regard to the requirements of the Permit Allocation System for residential development. There is but a single benchmark in the Policy for these exemptions - that such development will not adversely affect the hurricane evacuation objectives of the Comprehensive Plan. There is no language in the Policy that requires the facility to serve or be desirable to the permanent population of Monroe County. The current language of Policy 101.3.4 has resulted in the approval of development projects that have become a cause of concern for members of the Planning Commission and members of the Board of County Commissioners. ANAL YSIS The relative ease of obtaining a 501 (c) fed~ral tax exemption has made it possible for a number of arguably "non-profit" businesses to qualify for the tax exemption and thus benefit from the current language of Policy 101.3.4. There are presently 650,000 federally tax- exempt organizations that could benefit from the Policy as written. The organizations range from political activism groups, corporate support groups, scientific laboratories, sporting groups, and militia groups. They can relocate to the Keys, establish branches, teaching facilities, retreats, rest, rehab or research facilities. These developments may occur and yet provide no benefit to the community or the county. Additionally, these organizations add little or nothing to the tax base of the County while placing a strain on the County's public facilities. Because of this concern, the staff of the Planning Department has worked to modify the current language of Policy 101.3.4. It is the intent of the proposed modifications to further limit the exemption from the non-residential Permit Allocation System to those institutions that can clearly demonstrate that they will predominately serve the County's permanent population. 1 PROPOSED REVISIONS TO COMPREHENSIVE PLAN POLICY 101.3.4 Public facilities shall be exempted from the requirements of the Permit Allocation System for new non-residential development. velopment activity by federally tax-exempt not-for-profit educational, scientific, > ' reli~ious, s02ial, cultural, and recreational organizations may be exempted from the Bermit ~lIocation Iystem by the Board of County C?mmissioners after review by ~he Planning ~omm.issi?n upon a finding that ~uch acti; All public and institutional uses lIiIl, which are not constructod to withstand catogory 5 hurricane conditions ~md which house transient visitors or temporary residents shall be included in the Permit Allocation System for residential development, except upon factual determination that such transient occupancy is of such a nature so as not to impact the hurricane evacuation clearance time of Monroe County. All othor provisions of tho Comprehensive Plan shall apply to dovolopmont oxempted from the Pormit Allocation Systom, including complianco with tho adoptod lovels of sorvice for tho provision of adequato public facilitios. ~-..,~~~""v,., . Unaenlnem"shadeazle)(f:jj~new RECOMMENDATION Staff of the Monroe County Department of Planning recommends APPROVAL of the text as proposed. 2 PLANNING COMMISSION RESOLUTION RESOLUTION No. P 39-01 A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION APPROVING A REQUEST OF THE MONROE COUNTY PLANNING DEPARTMENT TO AMEND THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN BY AMENDING POLICY 101.3.4 WHICH EXEMPTS PUBLIC FACILITIES FROM THE REQUIREMENTS OF THE PERMIT ALLOCATION SYSTEM. WHEREAS, the Development Review Committee was presented with a staff report prepared April 6, 2001 by Fred Gross, Island Planning Team Director; and WHEREAS, the Development Review Committee on May 15, 2001 reviewed the staff report Findings of Fact and proposed revisions to Policy 101.3.4 of the Comprehensive Plan and recommended approval of the proposed text; and WHEREAS, during a regular meeting held on June 13, 2001 the Monroe County Planning Commission conducted a public hearing on the proposed text and recommendations of staff; and WHEREAS, the Planning Commission was presented with the following evidence, which by reference is hereby incorporated as part of the record of said hearing; 1. Staff reports prepared on May 22, 2001 and April 6, 2001, by Fred Gross, Island Planning Team Director. 2. Proposed changes to Policy 101.3.4 of the Monroe County Year 2010 Comprehensive Plan. 3. The sworn testimony of the Growth Management Staff. 4. Comments by the public; and WHEREAS, the Planning Commission has made the following Findings of Fact based on the evidence presented: . 1. Policy 101.3.4 of the .Monroe County Year 2010 Comprehensive Plan exempts Public Facilities from the requirements of the Permit Allocation System for new non-residential development; and Page 1 of 3 G: \Planning\Planning Commission Coordinator\ Working Folder\Chambers- Judy\txtagDR\P39-01.doc 2. Policy 101.3.4 also provides that development activity by federally tax- exempt organizations may be exempted from the permit allocation system after findings that it would not adversely affect hurricane evacuation objectives; and 3. The relative ease of obtaining a SOl(c) federal tax exemption has made it possible for a large number of organizations to qualify for the tax exemption and thus benefit from the current language of Policy 101.3.4; and 4. These organizations may add little or nothing to the tax base of the County and may do little to serve the needs of the non-transient population while placing a strain on the County's public facilities; and WHEREAS, the Planning Commission directed staff to make certain modifications in the proposed text. NOW THEREFORE; BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE COUNTY, FLORIDA, that the Findings of Fact support their decision to recommend APPROVAL of the following text as requested by the Monroe County Planning Department and modified by the Planning Commission: MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN POLICY 101.3.4 Public facilities shall be exempted from the requirements of the Permit Allocation System for new non-residential development. Certain development activity by federally tax- exempt not-for-profit educational, scientific, health, religious, social, 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 predominately serve the County's non-transient population. All public and institutional uses that predominately serve the County's non-transient population and which house temporary residents shall be included in the Permit Allocation System for residential development, except upon factual determination - that such transient occupancy is of such a nature so as not to adversely impact the hurricane evacuation clearance time of Monroe County. Page 2 of 3 PASSED AND ADOPTED By the Planning Commission of Monroe County, Florida at a regular meeting held on the 13th day of June 2001. Chair Lynn Mapes Vice Chair David Ritz Commissioner P. Morgan Hill Commissioner Denise Werling Commissioner Jerry Coleman YES YES YES YES ABSTAIN PLANNING COMMISSION OF MONROE COUNTY, FLORIDA :J (! BY APPRO~ AS TO FORM ANDLBPAL~~7 ! I //j;/4:/' BY VI, '//1 L / / Attomey's Oflico \ . Page 3 of 3 DEVELOPMENT REVIEW COMMITTEE RESOLUTION MONROE COUNTY, FLORIDA DEVELOPMENT REVIEW COMMITTEE RESOLUTION #DI4-01 A RESOLUTION BY THE MONROE COUNTY DEVELOPMENT REVIEW COMMITTEE RECOMMENDING APPROVAL TO THE MONROE COUNTY PLANNING COMMISSION OF THE REQUEST FILED BY THE MONROE COUNTY PLANNING DEPARTMENT TO AMEND THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN BY AMENDING POLICY 101.3.4 WHICH EXEMPTS PUBLIC FACILITIES FROM THE REQUIREMENTS OF THE PERMIT ALLOCATION SYSTEM WHEREAS, Policy 101.3.4 of the Monroe County Year 2010 Comprehensive Plan exempts Public Facilities from the requirements of the Permit Allocation System for new non-residential development; and WHEREAS, Policy 101.3.4 further permits these facilities to house transient visitors or temporary residents without regard to the requirements of the Permit Allocation System for new residential development; and WHEREAS, the relative ease of obtaining a 501 (C) federal tax exemption has made it possible for a large number of "non-profit" organizations to qualify for the tax exemption and thus benefit from the current language of Policy 101.3.4; and WHEREAS, these organizations may add little or nothing to the tax base of the County and may do little to serve the needs of the permanent population while placing a strain on the County's publiC facilities; and WHEREAS, the Development Review Committee was presented with a staff report (EXHIBIT-A) prepared April 6, 2001 by Fred Gross, Island Planning Team Director; and WHEREAS, the Development Review Committee on May 15, 2001 reviewed the staff reports Findings of Fact and proposed revisions to Policy 101.3.4 of the Comprehensive Plan; and Page 1 of 2 W:\Planning\Working Folders\Fred Gross\101.3.4 Pub Fac\DRC Resolution.doc BY cJ ~ Fred Gross, Island Planning Team Director/DCR Chair Signed this 30th day of May, 2001 NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA, that the Findings of Fact support their decision to recommend APPROVAL to the Monroe County Planning Commission of the proposed revisions to the text of Policy 101.3.4 of the Monroe County Year 2010 Comprehensive Plan. PASSED AND ADOPTED by the Development Review Committee of Monroe County, Florida at a regular meeting held on the 15th day of May 2001. Fred Gross, Island Planning Team Director/DCR Chair YES Ralph Gouldy, Environmental Resources Senior Administrator YES Jeffery Stungard, Planner YES Department of Health (by fax) YES Department of Public Works (by fax) YES Department of Engineering (by fax) YES DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA BY ~~ Fred GrOss, Island Planning Team Director/DCR Chair Signed this 30th day of May, 2001 Page 2 of 2