Resolution 118-2009
RESOLUTION NO. 118 -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
SQIJARE FEET OF NON-RESIDENTIAL FLOOR AREA
FROl\l 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
exetnption 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:
1. 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 lSS) District;
3. The tier n1ap overlay designation of the subject properLY is Tier 3;
4. Pursuant to ~ 130-96 of the I\lonroe County Code, in the Sparsely Settled (SS)
District, institutional uses may be pennittcd with Inajor conditional use pernlit
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 COlnn1ission approved a request by South Florida
Council of the Boy Scouts of Alnerica for an anlcndlnent to the property's n1ajor
conditional use permit in order to redevelop the site. The approval was n1eInorialized
in Planning COlnmission 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
would consist of offices, a dining area and a trading post; constructing one (1)
residential counselor building, which would consist of ten (10) rOOlns to house
counselors and a shared bathroOlnllaundry facility; constructing two (2) affordable
employee housing units, which would provide pennanent 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;
') South 17lorida Council of the Boy Scouts of Alnerjca is a social, cultural and
recreational organization;
3. South Florida Council of the Boy Scouts of An1erica predolninately serves Monroe
County's pennanent 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 C0111prehensive Plan;
6. The request is consistent with the provisions and intent of the Monroe County Code;
WHEREAS, the Board of County COlnlnissioners has duly considered the
recolnn1endations, Findings of Fact and Conclusions of Law of the Monroe County Planning
COlnlnission 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
exelnption of 4,113 ff 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 15th day of April , 2009.
Mayor George Neugent
Mayor pro tern Sylvia Murphy
Commissioner Kim Wigington
Commissioner Heather Carruthers
Commissioner Mario Di Gennaro
Yes
Yes
Yes
Yes
Yes
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY: A-.l;" L. '()~,e4-
'Mayor eorge Neugent
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ATTEST: DANNY L. KOLHAGE, CLERK
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Deputy Clerk
MONROE COUNTY ATTORNEY
PPR 0 AS TO FORM:
S ~N M. GRIMSL
ASSISTANT COUNTY ATTORNEY 5}
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