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 #
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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
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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:
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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
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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-
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