Item B09
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 14.2002
Division:
Growth Management
Bulk Item: Y es ~ No
Department: Planning & Environmental Resources
AGENDA ITEM WORDING: Approval of a resolution granting exemption from the non-residential
permit allocation system for the Island Dolphin Care facility.
ITEM BACKGROUND: 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
October 24,2001 Planning Commission meeting and was passed unanimously on a 5-0 vote.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATION: Approval
TOTAL 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
APPROVED BY: County Atty l
DOCUMENTATION:
Included X
Risk Management N/ A
DIVISION DIRECTOR APPROVAL:
Not Required_
DISPOSITION:
AGENDA ITEM # a./ ~ /
BOCC RESOLUTION
/l
,t
RESOLUTION # -2002
A RESOLUTION BY THE MONROE BOARD OF COUNTY
COMMISSIONERS RECOMMENDING APPROVAL FOR 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 ISLAND DOLPHIN CARE FACILITY. THE PROPERTY IS
AT APPROXIMATELY MILE MARKER 100 AND IS DESCRIBED
AS BLOCK 9, LOTS 11-14; KEY LARGO OCEAN SHORES
SUBDIVISION, KEY LARGO, MONROE COUNTY, FLORIDA.
THE LAND USE DESIGNATION IS SUBURBAN RESIDENTIAL
(SR) AND IMPROVED SUBDIVISION (IS) AND THE REAL
ESTATE NUMBER IS 00499500.000000.
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 Island Dolphin Care facility has requested an exemption from
the non-residential permit allocation system; and
WHEREAS, during a regular meeting held October 24, 2001, the Monroe County
Planning Commission conducted a public hearing on the request of the Island Dolphin
Care facility 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; and
1. The Island Dolphin Care facility 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 facility will not have any impact on hurricane evacuation time; and
4. The use must comply with county level of service standards and all applicable
Land Development Regulations and the Monroe County 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 Island
Dolphin Care 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
Comm. Murray Nelson
Comm. George Neugent
Comm. Nora Williams
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
BY
(MA YORl CHAIRMAN)
ATTEST:
DANNY L. KOLHAGE
Signed this
day of
,2001.
BY:
(DEPUTY CLERK)
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BOCC STAFF REPORT
,!
~('
MEMORANDUM
TO:
The Board of County Commissioners
FROM:
Jeffrey D. Stuncard, Senior Planner
THROUGH: K. Marlene Conaway, Director of Planning
DATE:
December 20, 2001
RE:
THE ISLAND DOLPIDN CARE REQUEST FOR EXEMPTION FROM
THE NONRESIDENTIAL PERMIT ALLOCATION SYSTEM PURSUANT
TO POLICY 101.3.4, MONROE COUNTY YEAR 2010 COMPREHENSIVE
PLAN.
MEETING DATE: February 14, 2002
I. REQUEST:
The Island Dolphin Care 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 from the Permit Allocation
System, including compliance with the adopted levels of service for the provision of
adequate public facilities.
The Island Dolphin Care facility is requesting an exemption from the nonresidential permit
allocation system on property described as Block 9, Lots 11-14, Key Largo Ocean Shores in Key
Largo (RE# 00499500.000000). The proposed site is located in the Suburban Residential (SR)
(Lots 12-14) and Improved Subdivision (IS) (Lot 11) Land Use District, at approximately MM
100.
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II. ANALYSIS:
The Island Dolphin Care facility will be servicing the needs of current Monroe County residents, and
will not have an impact on hurricane evacuation time.
Preliminary plans for the project have been reviewed for 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."
Based on the preliminary plans submitted, it is anticipated that the proposed project will comply with
Objective 101.1 of the Monroe County Year 2010 Comprehensive Plan.
III. CONCLUSION AND RECOMMENDATION:
Based on the fact that the Island Dolphin Care facility will not have an 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 Island Dolphin Care facility.
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PLANNING COMMISSION
RESOLUTION
'I
~t
RESOLUTION #P74-01
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION RECOMMENDING APPROVAL TO THE BOARD
OF COUNTY COMMISSIONERS FOR 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 ISLAND
DOLPHIN CARE FACILITY. THE PROPERTY IS AT
APPROXIMATELY MILE MARKER 100 AND IS DESCRIBED AS
BLOCK 9, LOTS 11-14; KEY LARGO OCEAN SHORES
SUBDIVISION, KEY LARGO, MONROE COUNTY, FLORIDA.
THE LAND USE DESIGNATION IS SUBURBAN RESIDENTIAL
(SR) AND IMPROVED SUBDIVISION (IS) AND THE REAL
ESTATE NUMBER IS 00499500.000000.
WHEREAS, during a regular meeting held October 24,2001, the Monroe County
Planning Commission conducted a public hearing on the request of the Island Dolphin
Care facility for an exemption to the non-residential pennit allocation system; and
WHEREAS, the proposed Cl.~velofment is located on property legally described
as, Lots 11-14, Block 9; Key Largo Ocean Shores Subdivision, Key Largo, Monroe
County, Florida; and
WHEREAS, the above-described property is located in the Suburban Residential
(SR) and Improved Subdivision (IS) land use districts; 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 Island Dolphin Care facility; and
~~'
2. The staff report from Jeffrey D. Stuncard, Senior Planner, dated October 5, 2001;
and
The sworn testimony of Monroe County Planning staff; and ~ ,~
Page 1 of 2 Initials-.U'
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3.
4. Comments made by the public; 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. The Island Dolphin Care facility 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
3. The facility will not have any impact on hurricane evacuation time; and
4. The use must comply with county level of service standards and all applicable
Land Development Regulations and the Monroe County 2010 Comprehensive
Plan; and
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 Island Dolphin Care 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 24th day of October, 2001.
Chair Ritz yes
Commissioner Werling yes
Commissioner Coleman yes
Commissioner Hill yes
Commissioner Putney yes
APPROVBD AS 10 FORM
AND LECT.\L_SUFFI~
BY \ (Y1/1~4A
Mtomey's Officc
PLANNING COMMISSION OF
MONROE COUNTY, FLORIDA
I!
./
"
Signed this
BY ale 6?" '-6
D~id C. Ritz, Chair ('
~ ~~ daYOfj/ 01~
,2001.
Page 2 of 2 Initia16
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