Resolution 263-1991
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A RESOLUTION OF THE MONROE COUNTY BOARD Q~
COMMISSIONERS AFFIRMING PLANNING COMMISSIQN
RESOLUTION NO. 14-91, GRANTING THE REQUEST ~
THE BOY SCOUTS OF AMERICA FOR APPROVAL, FOR AN
AMENDMENT TO A MAJOR CONDITIONAL USE FOR
PROPERTY DESCRIBED AS LOTS 1 THRU 11, BLOCK
1, TOLL GATE SHORES SUBDIVISION, SECTION 20,
TOWNSHIP 64 SOUTH, RANGE 36 EAST, TALLAHASSEE
MERIDIAN, LOWER MATECUMBE KEY, MONROE COUNTY,
FLORIDA. MILE MARKER 73.4.
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WHEREAS, the Monroe County Planning Commission during a regu-
lar session held on .June 20th, 1991 conducted a public hearing on
the request by the Boy Scouts of America for approval of an amend-
ment to a Major Conditional Use, as previously approved by Devel-
opment Order #29-89, allowing the relocation of the proposed
Sewage Treatment Plant and the proposed Reception/Conference/
Administration Building for property described as Lots 1 thru 11,
Block 1, Toll Gate Shores Subdivision, Section 20, Township 64
South, Range 36 East, Tallahassee Meridian, Lower Matecumbe Key,
Monroe County, Florida. Real Estate number 390240. Mi Ie Marker
73.4. The land use designation is SUBURBAN COMMERCIAL (SC); and
WHEREAS, as a result of said public hearing, the Planning
Commission granted approval of the Boy Scouts' request via Resolu-
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tion #14-91, which was signed by the Chairman on July 1st, 1991;
and
WHEREAS, the notice requirements for the issuance of a Major
Conditional Use permit as specified in Section 9.5-69(d) of the
Monroe County Cod~_ Amendeq have been accomplished in a timely
manner, with the notice to affected property owners being dated
June 28th, 1991; and
WHEREAS, Section 9.5-69(e) of the Monroe County Code, Amend-
ed, requires that all development orders issued by the Planning
Commission in regard to an application of a Major Conditional Use
permit shall be placed on the consent agenda at the next regular-
ly scheduled meeting of the Board of County Commissioners follow-
ing expiration of a period of thirty (30) days beginning upon the
sending of notice by the Planning Director; and
WHEREAS, no person or body has filed an appeal of the approv-
al granted by Resolution #14-91 within the thirty (30) day time
period specified in Section 9.5-69(e) of the Monroe County Cod~
Amended, and no member of this Board desires to remove this item
from the Consent Agenda; NOW THEREFORE,
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BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, as follows:
Section 1.
That Planning Commission Resolution #14-91,
including all the terms, condi tions and requirements con-
tained therein, is hereby attached to this resolution and
made a part hereof.
Section 2.
That Planning Commission Resolution #14-91,
including all the terms, conditions and requirements con-
tained therein, is hereby affirmed.
Section 3. That this Board's Findings of Fact and Conc1u-
sions of Law, in addition to those stipulated above, are
predicated upon those specified in Planning Commission Resolu-
tion #14-91, and which this Board hereby adopts as it's own.
Section 4. That the Clerk of the Board is hereby di rected
to forward a certified copy of this Resolution to the Monroe
County Planning Department.
Sectio.!L_~. That the Clerk of the Board is hereby directed
to forward a certified copy of this Resolution to the Depart-
ment of Community Affairs.
Section 6. That the Clerk of the Board is hereby directed
to file a certified copy of this Resolut,ion in the Public
Records of Monroe County, Florida.
Section--.Z. That the Clerk of the Board is hereby directed
to forward a certified copy of this Resolution to the agent
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for the applicant; William N. DeVane Jr, Attorney at Law,
Marathon, Florida.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of the Board held on
the 7th day of Augus~, A.D. 1991
Mayor Harvey
Yes
Mayor Pro Tern London
Yes
Commissioner Cheal
Yes
Commissioner Jones
Yes
Yes
Commissioner Stormont
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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BY
MAYOR/CHAIRMAN
(SEALY
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ATTE'S:':T;;'. "i:,ik r.J ~. KOLHAGE, CLERK
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Planning Department
RESOLUTION NO. 14-91
A RESOLUTION BY THE MONROE COUNTY'
PLANNING COMMISSION GRAftING THE REQUEST BY
THE BOY SCOUTS OF AMERICA FOR APPROVAL FOR AN
AIIEHDMENT TO A MAJOR CONbITIONAL USE FOR
PROPERTY' DESCRIBED AS ID'.rS 1 TBRU 11, BLOC1C
1, TOLL GAD SHORES SUBDIVISION, SBCrION 20,
TONRSIIIP 64 SOU'l"II, RANGE 36 EAST, TALLAHASSEE
MERIDIAN, L01fER MAT&;aM.8.R ICEY, MONROE comr.rr,
I'LORIDA. MILE MARICER 73.4.
WHEREAS, the Monroe County Planning Commission during a regu-
lar session held on June 20th, 1991 heard the request by the Boy
Scouts of America for approval of an amendment to a Major Condi-
tional Use as previously approved by Development Order #29-89 in
order to relocate the proposed Sewage Treatment Plant and the
proposed Reception, Conference, Administration Building for prop-
erty described as Lots 1 thru 11, Block 1, Toll Gate Shores Subdi-
vision, Section 20, Township 64 South, Range 36 East, Tallahassee
Meridian, Lower Matecumbe Key, Monroe County, Florida. Real Es-
tate number 390240. Mile Marker 73.4. The land use designation is
SUBURBAN COMMERCIAL (SC) i and
WHEREAS, the Planning Commission was presented with informa-
tion via the following:
1. The application for an amendment to a Major Conditional Use
as submitted by William DeVane, Esquire, who is acting as
attorney and agent for the Boy Scouts of America: and
2. The report from the Development Review Committee meeting of
May 15th, 1991, as prepared by Ms. Lori Hoover: and
3. The Planning Department staff report prepared by Ms. Donna
Bosold, Upper Keys Planner, which is dated June 5th, 1991: and
3. The presentation by Mr. William DeVane, Esquire, representing
the Boy Scouts of America: and
4. The remarks of Mr. Nicholas W. Mulick, Esquire, representing
the Toll Gate Shores Property Owners Association: and
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WHEREAS, the Planning Commission finds that the requested
amendment to Development Order #29-89 complies with the provi-
sions of Chapter 9.5 of the Monroe County Code, Amended~ NOW
THEREFORE
BE IT RESOLVED BY THE PLANNING COMMISSION
FLORIDA, as follows:
OF
MONROE COUNTY ,
Section 1. That the preceding Findings of Fact support the
decision to APPROVE the request by the Boy Scouts of America
for an amendment to a Major Conditional Use as previously ap-
proved by Development Order #29-89 in order to relocate the pro-
posed Sewage Treatment Plant and the proposed Reception, Confer-
ence, Administration Building, as indicated on the site plan
before the Planning Commission and which is dated April 19th,
1991.
Section 2. That the conditions which were specified in Develop-
ment Order #29-89 will continue in effect with this approved
modification as follows:
1. A plan for mitigation of proposed mangrove removal and envi-
ronmentally appropriate outdoor lighting will be reviewed and
approved by the county biologist and the Florida Game and
Freshwater Fish Commission prior to issuance of a building
permit.
2. The loading zone shall be clearly marked on the site plan.
3. Final detailed landscaping and drainage plans shall be submit-
ted and approved by the county biologist prior to issuance of
a building permit.
4.
Permits from all agencies having jurisdiction
project shall be received prior to issuance of
permit for each individual phase of the project.
5. The sewage treatment plant shall be designed as conservative-
ly as possible under existing regulations, and, an inlet to
the plant shall be provided at the docking site where sewage
will be emptied from the applicant's boats.
over this
a bui lding
6. All outdoor lighting shall be cutoff lights.
7. Relocation of the existing osprey pole shall be coordinated
with the Florida Game and Freshwater Fish Commission.
8. Prior to the issuance of a building permit, the applicant
shall comply with Fire Marshall's requirements.
9. Vacation of road segment shall be processed through the coun-
ty attorney's office.
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10. The applicant shall coordinate an on site recycling plan with
the county recycling coordinator.
11. The applicant shall install bicycle racks once the bicycle
path is provided on the public right of ways.
Section 3. That the five (5) year time limit wi thin which to
obtain all Certificates of Occupancy for the phased development
as approved in Development Order #29-89, shall be amended by this
Resolution to terminate on January 1st, 1997.
Section 4. That as specified in Section 9.5-72(a)(1) of the
Monroe County Code, Amended, if the developer fails to comply
with the time constraints as specified in Development Order #29-
89 or as amended by Section 3 herein, then the Major Conditional
Use and it's attendant development orders shall be deemed to be
null and void with no further action required by the County.
Section 5. That as specified in Section 9.5-72(a) of the Mon-
roe County Code, Amended, this conditional use approval shall
not be transferred to a successive owner without notification to
the Development Review Coordinator of the Monroe County Planning
Department within five (5) days of the transfer.
PASSED AND ADOPTED by the Planning Commission of Monroe
County, Florida, at a reqular meeting held on the 20th day of
June, 1991.
PLANNING COMMISSION OF
MONROE COUNTY, FLORIDA
By
7l!1Y ?lu/7~~~ ,
Milt Mravic, Chairman
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Signed this
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day of :r~
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I 1991.
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