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Resolution 325-1996 , RESOLUTION NO.325-1996 Planning Department A RESOLUTION BY THE MONROE COUNTY BOARD OF COMMISSIONERS APPROVING THE REQUEST FILED BY THE BOY SCOUTS OF AMERICA FOR AN EXEMPTION FROM THE PERMIT ALLOCATION SYSTEM FOR NONRESIDENTIAL DEVELOPMENT FOR FEDERALLY TAX-EXEMPT INSTITUTIONAL USES FOR THE CONSTRUCTION OF A LAUNCHING DOCK, FOR ITS SEABASE PROPERTY, DESCRIBED AS A PART OF GOVERNMENT LOT 1 IN SECTION 29 AND A PART OF GOVERNMENT LOTS 3 AND 4 IN SECTION 20, ALL IN TOWNSHIP 64 SOUTH, RANGE 36 EAST, LOWER -n MATECUMBE KEY, MONROE COUNTY, FLORIDA, MILE ~RKER ~ ;r.> , ;:;:.: _;r . .~ , , ,....! ::::>> :;1: -. ffi "r" --- N ~ WHEREAS, the Monroe County Building, Planning, ci,dEnv~nm~tal Resources Departments have approved a permit application filed by.the Boy~cou~ of America for the property described as a part of Government Lot 1 ii1 Section:.29 aoo a part of Government Lots 3 and 4 in Section 20, all in Township 64 South, ~ange:'36 East, Lower Matecumbe Key, Monroe County, Florida, Mile Marker 74; and, "':::J WHEREAS, the proposed launching dock is part of the original major conditional use approved by the Planning Commission under Development Order #28-89 and subsequently amended and approved by Planning Commission Resolution #14-91 and the Board of County Commissioners Resolution #263-1991; and WHEREAS, the proposed facility involves the construction of a 20 foot by 5 foot launching dock at the Boy Scout's SEABASE facility on Lower Matecumbe Key, Monroe County; and, WHEREAS, the proposed development requires an expansion of 100 square feet of nonresidential floor area; and, WHEREAS, Policy 101.3.4 of the Year 2010 Comprehensive Plan allows the Board of County Commissioners to exempt federally tax-exempt nonprofit organizations from the non-residential permit allocation system after a review by the Planning Commission and a finding that such activity will not adversely affect the hurricane evacuation objectives of the Plan; and, WHEREAS, the Boy Scouts of America has requested an exemption from the nonresidential permit allocation system; and, 1 I , WHEREAS, on"June 6, 199~, the Planning Commission heard the request of the Boy Scouts of America for an exemption and made the following Findings of Fact: 1. The Boy Scouts of America is a federally tax-exempt, nonprofit organization based on a letter from the Internal Revenue Service submitted by the applicant; and, 2. The proposed launching dock facility will increase business activity and attraction to SEABASE during hurricane season based on testimony of the public, despite the findings and recommendations contained in the Planning Department staff report dated June 5, 1996 and staff testimony; and, WHEREAS, the Planning Commission concluded, based on above mentioned Findings of Fact, that the proposed launching dock will adversely affect the hurricane evacuation objectives of the Comprehensive Plan and therefore recommended denial of the request for exemption; and, WHEREAS, the Planning Department staff prepared a memorandum to the County Board of Commissioners, dated July 1, 1996, updating its June 5, 1996, memorandum to the Planning Commission, that recommends approval of the exemption request based upon the following Findings of Fact and Conclusions: 1. The Boy Scouts of America is federally tax-exempt nonprofit organization based on a letter received from the Internal Revenue Service; and, 2, The proposed launching dock will have no impact on the hurricane evacuation objectives of the Comprehensive Plan based on staff analysis; and, 3. The proposed launching dock, based on the buidling permit application, is in compliance with the policies of the Comprehensive Plan; and, 4. While receiving testimony and information on the requested exemption, the Planning Commission did not have the benefit of the Planning Director's Administrative Interpretation #01-96 (issued on May 28, 1996), which gives docks a waiver from the nonresidential permit allocation system; and, WHEREAS, the Board of County Commissioners has duly considered the recommendations and Findings of Fact of the Planning Commission and the recommendations and Findings of Fact of the Planning Department staff report dated July 1, 1996; and 2 I ' WHEREAS, the Board of County Commissioners adopts the Findings of Fact of the Planning Department staff as its own; NOW THEREFORE BE IT RESOLVED BY THE MONROE COUNTY BOARD OF COMMISSIONERS, that the preceding Findings of Fact support its decision to APPROVE the requested filed by the Boy Scouts of America, federally tax exempt institution, for exemption to the nonresidential permit allocation system. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 13thda~.of August, 1996, Mayor Freeman Mayor Pro Tem London Commissioner Douglass Commissioner Harvey Commissioner Reich yes yes yes yes ye~ BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA DANNYL.KOLHAGE,CLERK By:A~c. ~~ Deputy Clerk ., Resolution # 3 I '