Item B08
BOARD OF COUNTY COMMISSIONERS
Meeting Date:Februarv 14. 2002
Division:
Growth Manaqement
Bulk Item: Yes~
No
Department: Planninq
AGENDA ITEM WORDING: Approval of a resolution granting an exemption on from the non-
residential permit allocation system for the Sugarloaf Baptist Church pursuant to Policy 101.3.4,
Monroe County Year 2010 Comprehensive Plan as a non-profit organization.
ITEM BACKGROUND: The applicant is requesting an exemption from non-residential permit
allocation system based on their status as a federally tax exempt organization. Their intention is to be
able to enclose and flood proof an area equal to 2,972 square feet under the existing church.
In January 22, 1996 the applicant submitted a building permit application for enclosing 2,976 square
feet of floor area under the Sugarloaf Baptist Church and flood proofing the proposed enclosure. After
the review of the project, Staff determined that the project could not be approved because the church
is located within the Native Area land use district and therefore is a non-conforming use. Enclosing
the area below the church would have expanded the non-conforming use. Policy 101.8.1 of the Year
2010 Comprehensive Plan prohibits the expansion of the non-conforming uses.
In November 2001, the Board of County Commissioners of the Monroe County passed and adopted
Resolution #27-2001 creating Section 9.5-257.3 Institutional Use Overlay (INS) in the Land
Development Regulation. It allows a use designated Institutional in the FLUM to be overlayed in a
Native Area land use district, thereby, allowing the legal expansion of the Sugarloaf Baptist Church.
PREVIOUS REVELANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES: None
STAFF RECOMMENDATIONS: Approval
TOTAL COST: None
BUDGETED: N/A
No
COST TO COUNTY: N/A
REVENUE PRODUCING:
N/A No
AMOUNT PER MONTH_ Vear
APPROVED BV:
County Atty --X-
Risk Management _
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included X
Not Required
AGENDA ITEM # J-te:?8
DISPOSITION:
Revised 2/27101
SUGARLOAF BAPTIST CHURCH
REQUEST FOR EXEMPTION FROM THE NON-
RESIDENTIAL PERMIT ALLOCATION SYSTEM
BOARD OF COUNTY COMMISSIONERS
KEY LARGO, FLORIDA
FEBRUARY 14, 2002
RESOLUTION #
A RESOLUTION BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
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 SUGARLOAF BAPTIST CHURCH. THE
PROPERTY IS LOCATED ON CRANE BOULEVARD ON UPPER
SUGARLOAF KEY, AT APPROXIMATE MILE MARKER 19.5,
AND FURTHER DESCRIBED AS PART OF GOVERNMENT LOT
3, SECTION 36, TOWNSHIP 66 SOUTH, RANGE 27 EAST, UPPER
SUGARLOAF KEY, MONROE COUNTY, FLORIDA AND THE
REAL ESTATE NUMBER IS 0118080-000000.
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 non-residential 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 Sugarloaf Baptist Church has requested an exemption from the
non-residential permit allocation system; and
WHEREAS, during a regular meeting held February 6,2002, the Monroe County
Planning Commission conducted a public hearing on the request of the Sugarloaf Baptist
Church for an exemption to the non-residential permit allocation system 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 Sugarloaf Baptist Church submitted an Internal Revenue Service 501(c)(3)
certificate as evidence that it is a federally tax-exempt non-profit organization;
and
2. An exemption to the non-residential permit allocation system pursuant Monroe
County Year 2010 Comprehensive Plan Policy 101.3.4 is required; and
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3. The Sugarloaf Baptist Church serves the needs of current Monroe County
residents and will not have any impact on hurricane evacuation time; 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
Summerland Baptist Church 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 14th day of February, 2002.
Mayor Charles "Sonny" McCoy
Mayor Pro Tem Dixie Spehar
Commissioner Murray Nelson
Commissioner George Neugent
Commissioner Nora Williams
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
BY
(MA YOR/ CHAIR
ATTEST:
DANNY L. KOLHAGE
Signed this
day of
, 2001.
BY:
(DEPUTY CLERK)
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MEMORANDUM
To:
The Board of County Commissioners
From:
K. Marlene Conaway, Director of Planning
Date:
January 25, 2002
Re:
THE SUGARLOAF BAPTIST CHURCH REQUEST FOR EXEMPTION
FROM THE NON-RESIDENTIAL PERMIT ALLOCATION SYSTEM
PURSUANT TO POLICY 101.3.4, MONROE COUNTY YEAR 2010
COMPREHENSIVE PLAN.
MEETING DATE: February 14, 2002
I. REQUEST:
Applicant:
SugarloafBaptist Church, Upper SugarloafKey
Proposal:
The applicant is requesting an exemption from non-residential permit allocation system
based on their status as a federally tax exempt organization. The intention is to be able to
enclose and flood proof an area equal to 2,972 square feet under the existing church.
Policy 101.3.4 of the Monroe County Year 2010 Comprehensive Plan 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.
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Location:
The Church is located on Crane Boulevard in Upper Sugarloaf Key, Mile Marker 19.5.
The property is legally described as Part Government Lot 3, Section 36, Township 66
South, Range 27 East, Upper Sugarloaf Key, Monroe County, Florida. The Real Estate
number is 0118080-000000.
Land Use District:
Native Area District (NA)
Future Land Use Desie:nation:
Institutional (INS)
Size of the Property:
The site area is approximately 15,246 square feet or 3.5 acres
Community Character of Immediate Vicinity:
The church is located on Crane Boulevard in Upper Sugarloaf. The area is comprised of
institutional, commercial, and residential uses. The Sugarloaf Elementary School is
located on Crane Boulevard across from the church.
II. BACKGROUND INFORMATION:
In January 22, 1996 the applicant submitted a building permit application for enclosing
2,976 square feet of floor area under the Sugarloaf Baptist Church and flood proofing the
proposed enclosure. After the review of the project, Staff determined that the project could
not be approved because the church is located within the Native Area land use district and
therefore is a non-conforming use. Enclosing the area below the church would have
expanded the non-conforming use. Policy 101.8.1 of the Year 2010 Comprehensive Plan
prohibits the expansion of the non-conforming uses.
In November 2001, the Board of County Commissioners of the Monroe County passed
and adopted Resolution #27-2001creating Section 9.5-257.3 Institutional Use Overlay
(INS) in the Land Development Regulation. It allows a use designated Institutional in the
FLUM to be overlayed in a Native Area land use district, thereby, allowing the legal
expansion of the SugarloafBaptist Chun...h.
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Under Policy 101.3.4 of the Year 2010 Comprehensive Plan, federally tax-exempt
institutions such as Sugarloaf Baptist Church are exempted from the non-residential
permit allocation system.
III. ANALYSIS
The Sugarloaf Baptist Church services the needs of current Monroe County residents. The
Church has a congregation of 80 to 90 members. This congregation will not increase as a
result of enclosing the ground floor area beneath the church. The enclosure will not have
an impact on hurricane evacuation time.
The Sugarloaf Baptist Church is presently 5,301 square feet in a single-story elevated
structure. The activities which occur in the church include regular Sunday services in a
large meeting space, religious instruction in 6 small classrooms, office space, occasional
"pot luck" dinners after Sunday services, and an after school youth program which provide
children from the community with snacks and age appropriate activities. By enclosing the
area beneath the church, they will be able to conduct their youth programs and "pot luck"
dinners on the lower floor instead of the difficult sharing-of-space situation that presently
exists.
The Sugarloaf Baptist Church possesses an Internal Revenue501(c)(3) Federal Tax
Exemption Certificate.
At a regularly scheduled public hearing on February 6, 2002, the Monroe County Planning
Commission will hear the request to grant an exemption from the non-residential permit
allocation system to the Sugarloaf Baptist Church.
IV. CONCLUSION AND RECOMMENDATION:
Based on the fact that the Sugarloaf Baptist Church is a tax exempt institution and will not
have an impact on hurricane evacuation objectives, staff recommends that the Board of
County Commissioners grant an exemption to the Sugarloaf Baptist Church from the
nonresidential permit allocation system.
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