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Item G5BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 15, 2009 Division: Growth Mana ement Bulk Item: Yes X No _ Department: Planning & Environmental Resources Staff Contact Person: Andrew Trivette Ext. 2517 AGENDA ITEM WORDING: Approval of a resolution for an exemption of 4,113 square feet of non-residential floor area from the Non -Residential Rate of Growth Ordinance (NROGO) permit allocation system requested by the Craig Company, on behalf of the South Florida Council of the Boy Scouts of America, pursuant to Policy 101.3.4 of the Year 2010 Comprehensive Plan. The subject parcel is legally described as Westerly Part of Government Lot 2, Section 32, Township 66 South, Range 30 East, West Summerland Key, Monroe County, Florida, having real estate number 00 10603 0.000000. ITEM BACKGROUND: The Planning Commission held a public hearing in Marathon on March 25, 2009 and based on the facts presented at the meeting, the Planning Commission recommended approval of the item to the Board of County Commissioners as indicated in Resolution No. P16-09. PREVIOUS RELEVANT COMMISSION ACTION: nla CONTRACT/AGREEMENT CHANGES: NIA STAFF RECOMMENDATIONS: Approval TOTAL COST: NIA INDIRECT COST: NIA BUDGETED: Yes No NIA COST TO COUNTY: NIA SOURCE OF FUNDS: NIA REVENUE PRODUCING: Yes NIA No _AMOUNT PER MONTH: NIA YEAR: APPROVED BY: County Attorney: rX OMB 1 Purchasing: Risk Management: DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 !t I I - I11� MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be carting, professional and fair To: The Monroe County Board of County Commissioners From: Joseph Haberman, Principal Planner Through: Townsley Schwab, Sr. Director of Planning & Environmental Resources Date: March 31, 2009 Subject: Request for an Exemption from the NROGO by South Florida Council of the Boy Scouts of America, concerning property located at 33990 US], West Summerland Key, Mile Marker 34, Real Estate No. 00106030.000000 Meeting: April 15, 2009 I REQUEST: The applicant is requesting an exemption of 4,113 ft2 of non-residential floor area from the Non -Residential Rate of Growth Ordinance (NROGO) permit allocation system pursuant to Policy 101.3.4 of the Year 2010 Comprehensive Plan. Location: Subject Property (outlined in blue), West Summerland (2004) Page 1 of 4 1 2 Address: 33990 Overseas Highway (US 1), West Summerland Key, mile marker 34 3 (oceanside) 4 Legal Description: Westerly Part of Government Lot 2, Section 32, Township 66 South, 5 Range 30 East 6 Real Estate (RE) Number: 00106030.000000 7 4 Applicant: 10 Property Owner: South Florida Council of the Boy Scouts of America 11 Agent: Barbara Mitchell, the Craig Company 12 13 II RELEVANT PRIOR COUNTY ACTIONS: 14 15 On February 19, 2008, the Planning Commission approved a request by South Florida 16 Council of the Boy Scouts of America for an amendment to the property's major conditional 17 use permit in order to redevelop the site. The approval was memorialized in Resolution No. 18 P12-08, which was filed and recorded on April 24, 2008. 19 20 The approved redevelopment plan included demolishing three (3) buildings and several 21 accessory structures; constructing one (1) administration building, which would consist of 22 offices, a dining area and a trading post; constructing one (1) residential counselor building, 23 which would consist of ten (10) rooms to house counselors and a shared bathroom/laundry 24 facility; constructing two (2) affordable employee housing units, which would provide 25 permanent housing for camp personnel and/or a law enforcement officer; improving six (6) 26 existing campsites; constructing several accessory structures, including one (1) amphitheater, 27 six (6) tiki huts and one (1) softball field; and carrying out several other associated site 28 improvements. 29 30 Condition 3 of Resolution No. P12-08 states "Prior to the issuance of a building permit, the 31 4,113 ft2 of additional non-residential floor area will have to: a) be acquired through the 32 NROGO permit allocation system; b) transferred on -site from an eligible sender site in 33 accordance with §9.5-124.3 of the Monroe County Code; or c) receive an exemption from the 34 NROGO permit allocation system by the BOCC in accordance with Policy 101.3.4 of the 35 Year 2010 Comprehensive Plan." 36 37 III BACKGROUND INFORMATION: 38 39 A. Size of Site: 439,246 ft2 (10.08 acres) 40 Size of Mangrove Area: 12,675 ft2 (0.29 acres) 41 Size of Site Not Including Mangrove Area: 426,571 ft2 (9.79 acres) 42 B. Land Use District: Sparsely Settled (SS) 43 C. Future Land Use Map (FLUM) Designation: Institutional (INS) 44 D. Tier Designation: Tier 3 45 E. Flood Zone: VE — EL 12 / AE — EL 10 / AE — EL 8 46 F. Existing Use: Institutional / Campground Page 2 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 G. Existing Vegetation / Habitat of Site: Developed; however there is a significant area of intact hammock to the Northeast and a significant area of mangrove along the shoreline to the west. In addition, this area of the county is a documented sea turtle nesting area. H. Community Character of Immediate Vicinity: The area is comprised of a mixture of institutional uses and undeveloped native area. IV REVIEW OF APPLICATION: Pursuant to §138-50(4) of the Monroe County Code (MCC) and Policy 101.3.4 of the Monroe County Year 2010 Comprehensive Plan, non-residential development activity by federally tax exempt not -for -profit organizations may not be affected by the NROGO if an exemption is approved by the BOCC, following a review and finding by the Planning Commission. To be eligible, a not -for -profit organization must be an educational, scientific, health, religious, social, cultural and/or recreational organization which predominately serves the county's permanent population. Prior to the conditional use permit approval, the following non-residential floor area existed on the property: Building Existing Non -Residential Floor Area 1-sty. C.B.S. Commissary 1,200 ft2 1-Sty. C.B.S. Restroom & Shower 415 ft2 Metal Shed 70 W Metal Shed 144 ft2 Office Trailer 720 ft2 Unidentified (whereabouts of floor area not identified in LDRD 15 ftz Total 2,564 ft2 With the conditional use permit approval, the following non-residential floor area was approved to be on property: Building Proposed Non -Residential Floor Area Administration Building 6,245 ft2 Frame Shed 12 ft x 12 ft 144 ft2 Metal Shed 12 ft x 24 ft 288 ft2 Total 6,677 ft2 * The bathroom and laundry facilities (part of the residential counselor building), the amphitheater and the tiki huts are accessory to the institutional residential use and therefore are not subject to the NROGO. The 2,564 ft2 of lawfully -established non-residential floor area may be replaced without going through the NROGO permit allocation system. The 4,113 ft2 of additional non- residential floor area will have to: a) be acquired through the NROGO permit allocation system; b) transferred on -site from an eligible sender site; or c) receive an exemption from the NROGO permit allocation system by the BOCC in accordance with Policy 101.3.4 of the Year 2010 Comprehensive Plan. Page 3 of 4 1 Pursuant to MCC §138-50(4), the BOCC may approve an exemption from the NROGO if the 2 applicant demonstrates that all of the following standards are met: 3 4 Is the non-residential development activity by a federally tax exempt not -for -profit 5 educational, scientific, religious, social, cultural or recreational organization? 6 7 Currently, South Florida Council of the Boy Scouts of America is a non-profit entity, as 8 designated by the Internal Revenue Service. 9 10 Does the proposed non-residential development activity predominately serve Monroe 11 County's permanent population? 12 13 According to its website, the South Florida Council proudly serves over 70,000 young men 14 and women throughout Broward, Miami -Dade and Monroe counties, and as such serves the 15 permanent population of Monroe County. 16 17 The mission of the Boy Scouts of America is to prepare young people to make ethical and 18 moral choices over their lifetime by instilling in them the values of the Scout Oath and Law. 19 20 Is the proposed non-residential development within those areas proposed for acquisition by 21 governmental agencies for the purpose of resource protection? 22 23 The proposed non-residential development is designated Tier 3 and is not within an area 24 proposed for acquisition. 25 26 V RECOMMENDATION: 27 28 Staff recommends APPROVAL with the following condition: 29 30 A. Non-residential floor area exempted under this approval may only be utilized by the 31 Boy Scouts of America and may not be changed to a for -profit use without permit 32 approvals and a NROGO application and receipt of a non-residential floor area 33 allocation for the converted floor area. 34 35 VI PLANS REVIEWED: 36 37 A. Site Plan (A-1) by William P. Horn, Architect, dated October 22, 2007 and last revised 38 January 3, 2008 39 B. Floor Plan, Administrative Center and Dining Room (A-2) by William P. Horn, 40 Architect, dated October 22, 2007 41 C. Floor Plan, Toilet -Showers Building / Staff Housing (A-3) by William P. Horn, 42 Architect, dated October 22, 2007 and last revised January 3, 2008 Page 4 of 4 RESOLUTION NO. -2009 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST BY SOUTH FLORIDA COUNCIL OF THE BOY SCOUTS OF AMERICA FOR AN EXEMPTION OF 4,113 SQUARE FEET OF NON-RESIDENTIAL FLOOR AREA FROM THE NON-RESIDENTIAL RATE OF GROWTH ORDINANCE (NROGO) PERMIT ALLOCATION SYSTEM IN ORDER TO REDEVELOP AN EXISTING CAMPGROUND FACILITY, COMMONLY KNOWN AS CAMP SAWYER, AT PROPERTY LEGALLY DESCRIBED AS WESTERLY PART OF GOVERNMENT LOT 2, SECTION 32, TOWNSHIP 66 SOUTH, RANGE 30 EAST, WEST SUMMERLAND KEY, MONROE COUNTY, FLORIDA, HAVING REAL ESTATE NUMBER 00106030.000000. WHEREAS, South Florida Council of the Boy Scouts of America has requested an exemption from the Non -Residential Rate of Growth Ordinance (NROGO) permit allocation system; and WHEREAS, Policy 101.3.4 of the Monroe County Year 2010 Comprehensive Plan allows the Board of County Commissioners to exempt federally -exempt non-profit organizations from the requirements of the non-residential permit allocation system following a finding by the Monroe County Planning Commission that such activity will predominately serve Monroe County's non -transient population and not adversely impact the hurricane evacuation clearance time of Monroe County; and WHEREAS, the subject property is located at 33990 US Highway 1 (Overseas Highway) on West Summerland Key, approximate Mile Marker 34 (oceanside), and is legally described as Westerly Part of Government Lot 2, Section 32, Township 66 South, Range 30 East, West Summerland Key, Monroe County, Florida, having Real Estate Number 00106030.000000; and WHEREAS, during a regularly scheduled public meeting held on March 25, 2009, the Monroe County Planning Commission conducted a review and consideration of the request and recommended approval to the Board of County Commissioners based on the following Findings of Fact: The subject property has a Future Land Use Map (FLUM) designation of Institutional (INS). Policy 101 A.10 of the Monroe County Year 2010 Comprehensive Plan states that the principal purpose of the Institutional (INS) land use category is to provide for institutional uses by federally tax-exempt, non-profit facilities, including, but not limited to, educational, scientific, religious, social service, cultural, and recreational organizations. Related residential and non-residential uses, including student and employee housing shall be allowed; 2. The subject property is located in a Sparsely Settled (SS) District; 3. The tier map overlay designation of the subject property is Tier 3; 4. Pursuant to §130-96 of the Monroe County Code, in the Sparsely Settled (SS) District, institutional uses may be permitted with major conditional use permit approval if the property is identified on the Future Land Use Map (FLUM) with a designation of Institutional (INS); 5. On February 19, 2008, the Planning Commission approved a request by South Florida Council of the Boy Scouts of America for an amendment to the property's major conditional use permit in order to redevelop the site. The approval was memorialized in Planning Commission Resolution No. P12-08, which was filed and recorded on April 24, 2008; 6. The approved redevelopment plan included demolishing three (3) buildings and several accessory structures; constructing one (1) administration building, which would consist of offices, a dining area and a trading post; constructing one (1) residential counselor building, which would consist of ten (10) rooms to house counselors and a shared bathroom/laundry facility; constructing two (2) affordable employee housing units, which would provide permanent housing for camp personnel and/or a law enforcement officer; improving six (6) existing campsites; constructing several accessory structures, including one (1) amphitheater, six (6) tiki huts and one (1) softball field; and carrying out several other associated site improvements; 7. The proposed development will result in the redevelopment of 2,564 ft2 of lawfully - established non-residential floor area on the subject property. The 2,564 ft2 of lawfully -established non-residential floor area may be replaced without going through the NROGO permit allocation system; 8. The proposed development will result in 4,113 ft2 of new non-residential floor area on the subject property. The 4,113 ft2 of new non-residential floor area must be either acquired through the NROGO permit allocation system, transferred on -site from an eligible sender site or exempted from the NROGO permit allocation system in accordance with Policy 101.3.4 of the Year 2010 Comprehensive Plan; 9. Condition 3 of Planning Commission Resolution No. P12-08 states "Prior to the issuance of a building permit, the 4,113 ft2 of additional non-residential floor area will have to: a) be acquired through the NROGO permit allocation system; b) transferred on -site from an eligible sender site in accordance with §9.5-124.3 of the Monroe County Code; or c) receive an exemption from the NROGO permit allocation system by the BOCC in accordance with Policy 101.3.4 of the Year 2010 Comprehensive Plan."; 10. In accordance with Policy 101.3.4 of the Monroe County Year 2010 Comprehensive Plan and §138-50(4) of the Monroe County Code, the Planning Commission may recommend an exemption from the NROGO permit allocation system for development activity for certain not -for -profit organizations; 11. Planning & Environmental Resources Department staff found that the applicant has demonstrated that all of the required standards shall be met and recommended approval with conditions; and WHEREAS, during a regularly scheduled public meeting held on March 25, 2009, the Monroe County Planning Commission conducted a review and consideration of the request and recommended approval to the Board of County Commissioners based on the following Conclusions of Law: 1. South Florida Council of the Boy Scouts of America is a non-profit entity, as designated by the Internal Revenue Service; 2. South Florida Council of the Boy Scouts of America is a social, cultural and recreational organization; 3. South Florida Council of the Boy Scouts of America predominately serves Monroe County's permanent population; 4. The subject property is designated Tier 3 and is not within an area proposed for acquisition; 5. The request is consistent with the provisions and intent of the Monroe County Year 2010 Comprehensive Plan; 6. The request is consistent with the provisions and intent of the Monroe County Code; WHEREAS, the Board of County Commissioners has duly considered the recommendations, Findings of Fact and Conclusions of Law of the Monroe County Planning Commission and adopts them as its own; NOW THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: Section 1. The preceding Findings of Fact and Conclusions of Law support its decision to APPROVE the request by South Florida Council of the Boy Scouts of America for an exemption of 4,113 fl.2 of non-residential floor area from the Non -Residential Rate of Growth Ordinance (NROGO) permit allocation. Section 2. Non-residential floor area exempted under this approval may only be utilized by the Boy Scouts of America and may not be changed to a for -profit use without permit approvals and a NROGO application and receipt of a non-residential floor area allocation for the converted floor area. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the day of - 2009. Mayor George Neugent Mayor pro tem Sylvia Murphy Commissioner Kim Wigington Commissioner Heather Carruthers Commissioner Mario Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: Mayor George Neugent (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK MONROE COUNTY ATTORNEY APPRgVtD AS TO FORM: Deputy Clerk SOOAN M. GRIMSL ASSISTANT COUNTY ATTORN Rate :?22aSlYl �, l g !� ,_ LTa��i� i f -5. MONROE COUNTY, FLORIDA PLANNING COMMISSION RESOLUTION NO. P16-09 A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION RECOMMENDING APPROVAL OF THE REQUEST BY SOUTH FLORIDA COUNCIL OF THE BOY SCOUTS OF AMERICA FOR AN EXEMPTION OF 4,113 SQUARE FEET OF NON-RESIDENTIAL FLOOR AREA FROM THE NON-RESIDENTIAL RATE OF GROWTH ORDINANCE (NROGO) PERMIT ALLOCATION SYSTEM IN ORDER TO REDEVELOP AN EXISTING CAMPGROUND FACILITY, COMMONLY KNOWN AS CAMP SAWYER, AT PROPERTY LEGALLY DESCRIBED AS WESTERLY PART OF GOVERNMENT LOT 2, SECTION 32, TOWNSHIP 66 SOUTH, RANGE 30 EAST, WEST SUMMERLAND KEY, MONROE COUNTY, FLORIDA, HAVING REAL ESTATE NUMBER 00106030.000000. WHEREAS, during a regularly scheduled public meeting held on March 25, 2009, the Monroe County Planning Commission conducted a review and consideration of a request by the Craig Company, on behalf of South Florida Council of the Boy Scouts of America, for an exemption of 4,113 ft2 of non-residential floor area from the Non -Residential Rate of Growth Ordinance (NROGO) permit allocation in order to redevelop an existing campground facility, commonly known as Camp Sawyer, in accordance with § 138-50(4) of the Monroe County Code and Policy 101.3.4 of the Monroe County Year 2010 Comprehensive Plan; and WHEREAS, the subject property is located at 33990 US Highway 1 (Overseas Highway) on West Summerland Key, approximate Mile Marker 34 (oceanside), and is legally described as Westerly Part of Government Lot 2, Section 32, Township 66 South, Range 30 East, West Summerland Key, Monroe County, Florida, having Real Estate Number 00106030.000000; and WHEREAS, the Planning information relevant to the request record of said hearing: Resolution No. P16-09 File 29028 Commission reviewed the following documents and other which by reference are hereby incorporated as part of the Page 1 of 4 L Letter from Barbara Mitchell, Vice President, the Craig Company, to Townsley Schwab, Acting Director of Planning & Environmental Resources, dated February 10, 2009; and 2. Planning Commission Resolution P 12-08; and 3. Site Plan (A-1) by William P. Horn, Architect, dated October 22, 2007, and last revised January 3, 2008; and 4. Floor Plan, Administrative Center and Dining Room (A-2) by William P. Horn, Architect, dated October 22, 2007; and 5. Floor Plan, Toilet -Showers Building / Staff Housing (A-3) by William P. Horn, Architect, dated October 22, 2007, and last revised January 3, 2008; and 6. Staff report prepared by Joseph Haberman, Principal Planner, dated March 23, 2009; and 7. Sworn testimony of Monroe County Planning & Environmental Resources Department staff; and 8. Sworn testimony of the applicant and the general public; and 9. Advice and counsel of Susan Grimsley, Assistant County Attorney, and John Wolfe, Planning Commission Counsel; and WHEREAS, based upon the information and documentation submitted, the Planning Commission makes the following Findings of Fact: The subject property has a Future Land Use Map (FLUM) designation of Institutional (INS). Policy 101.4.10 of the Monroe County Year 2010 Comprehensive Plan states that the principal purpose of the Institutional (INS) land use category is to provide for institutional uses by federally tax-exempt, non-profit facilities, including, but not limited to, educational, scientific, religious, social service, cultural, and recreational organizations. Related residential and non-residential uses, including student and employee housing shall be allowed; 2. The subject property is located in a Sparsely Settled (SS) District; 3. The tier map overlay designation of the subject property is Tier 3; 4. Pursuant to § 130-96 of the Monroe County Code, in the Sparsely Settled (SS) District, institutional uses may be permitted with major conditional use permit approval if the property is identified on the Future Land Use Map (FLUM) with a designation of Institutional (INS); 5. On February 19, 2008, the Planning Commission approved a request by South Florida Council of the Boy Scouts of America for an amendment to the property's major conditional use permit in order to redevelop the site. The approval was memorialized in Planning Commission Resolution No. P 12-08, which was filed and recorded on April 24, 2008; 6. The approved redevelopment plan included demolishing three (3) buildings and several accessory structures; constructing one (1) administration building, which Resolution No. P 16-09 Page 2 of 4 File 29028 would consist of offices, a dining area and a trading post; constructing one (1) residential counselor building, which would consist of ten (10) rooms to house counselors and a shared bathroom/laundry facility; constructing two (2) affordable employee housing units, which would provide permanent housing for camp personnel and/or a law enforcement officer; improving six (6) existing campsites; constructing several accessory structures, including one (1) amphitheater, six (6) tiki huts and one (1) softball field; and carrying out several other associated site improvements; 7. The proposed development will result in the redevelopment of 2,564 ft2 of lawfully - established non-residential floor area on the subject property. The 2,564 ftz of lawfully -established non-residential floor area may be replaced without going through the NROGO permit allocation system; 8. The proposed development will result in 4,113 ft2 of new non-residential floor area on the subject property. The 4,113 ft2 of new non-residential floor area must be either acquired through the NROGO permit allocation system, transferred on -site from an eligible sender site or exempted from the NROGO permit allocation system in accordance with Policy 101.3.4 of the Year 2010 Comprehensive Plan; 9. Condition 3 of Planning Commission Resolution No. P12-08 states "Prior to the issuance of a building permit, the 4,113 ft2 of additional non-residential floor area will have to: a) be acquired through the NROGO permit allocation system; b) transferred on -site from an eligible sender site in accordance with §9.5-124.3 of the Monroe County Code; or c) receive an exemption from the NROGO permit allocation system by the BOCC in accordance with Policy 101.3.4 of the Year 2010 Comprehensive Plan."; 10. In accordance with Policy 101.3.4 of the Monroe County Year 2010 Comprehensive Plan and § 138-50(4) of the Monroe County Code, the Planning Commission may recommend an exemption from the NROGO permit allocation system for development activity for certain not -for -profit organizations; 11. Planning & Environmental Resources Department staff found that the applicant has demonstrated that all of the required standards shall be met and recommended approval with conditions; and WHEREAS, based upon the information and documentation submitted, the Planning Commission makes the following Conclusions of Law: 1. South Florida Council of the Boy Scouts of America is a non-profit entity, as designated by the Internal Revenue Service; 2. South Florida Council of the Boy Scouts of America is a social, cultural and recreational organization; Resolution No. P 16-09 Page 3 of 4 File 29028 3. South Florida Council of the Boy Scouts of America predominately serves Monroe County's permanent population; 4. The subject property is designated Tier 3 and is not within an area proposed for acquisition; 5. The request is consistent with the provisions and intent of the Monroe County Year 2010 Comprehensive Plan; 6. The request is consistent with the provisions and intent of the Monroe County Code; NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE COUNTY, FLORIDA, that the preceding Findings of Fact and Conclusions of Law support its decision to APPROVE the request by South Florida Council of the Boy Scouts of America for an exemption of 4,113 ft2 of non-residential floor area from the Non -Residential Rate of Growth Ordinance (NROGO) permit allocation with the following condition: 1. Non-residential floor area exempted under this approval may only be utilized by the Boy Scouts of America and may not be changed to a for -profit use without permit approvals and a NROGO application and receipt of a non-residential floor area allocation for the converted floor area. PASSED AND ADOPTED BY THE PLANNING COMMISSION of Monroe County, Florida, at a regular meeting held on the 25"' day of March, 2009. Chair Cameron YES Vice -Chair Wall YES Commissioner Hale YES Commissioner Marston YES Commissioner Windle YES PLANNING COMMISSION OF MONROE COUNTY, FLORIDA �14 James Cameron, Chair 3/2-S-/0 y e Resolution No. P 16-09 File 29028 ED s TO FORM I/V AP WMI-INEXEMec- Page 4 of 4