Resolution 401-1991 • FILED FOR RECORD-
'91 NOV 14 A 8 :51
DANNY L. ,c0L` ' r;c
;1 fl
` LK Fi P] anning Department COUNTY. FLA. .
RESOLUTION NO. 401-1991
A RESOLUTION OF THE MONROE COUNTY BOARD OF
COMMISSIONERS AFFIRMING PLANNING COMMISSION
RESOLUTION #28--91, APPROVING THE REQUEST
FILED BY THE STATE OF FLORIDA, DEPARTMENT OF
GENERAL • SERVICES, FOR APPROVAL OF A MAJOR
• CONDITIONAL USE TO ALLOW THE ERECTION OF A
FLORIDA HIGHWAY PATROL RADIO COMMUNICATIONS
TOWER ON PROPERTY DESCRIBED AS LOTS 17 & 18,
BLOCK .6, OCEAN ISLE ESTATES, SECTION 6,
TOWNSHIP 61 SOUTH, RANGE 40 EAST, TAL' LAHASSEE
MERIDIAN, KEY LARGO, MONROE COUNTY, FLORIDA.
LOCATED AT APPROXIMATELY MILE MARKER 106.
WHEREAS, the Monroe County Planning Commission during a regu-
lar session held on September 12th, 1991 conducted a public
hearing on the request filed by the State of Florida, Department
of General Services, requesting approval of a Major Conditional
Use to allow the installation and erection of a radio communica-
tions tower to be used by the Florida Highway Patrol, and which
is to be located on property described as Lots 17 & 18, Block 6,
Ocean Isle Estates, Section 6, Township 61 South, Range 40 East,
Tallahassee Meridian, Monroe County, Florida. Located at approxi-
mately Mile Marker 106. The Land Use Designation is - SUBURBAN
RESIDENTIAL (SR) ; and
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WHEREAS, the Planning Commission at said public hearing voted
to approve the proposed Major Conditional Use subject to certain
specified conditions and. restrictions; and
WHEREAS, on. September 19th, 1991, the Chairman of the Plan-
ning -Commission issued a Development Order for the proposed Major
Conditional Use as Planning Commission Resolution # 28-91; and
WHEREAS, in accordance with the provisions of Section
9 . 5-69(e) of the Monroe County Code, Amended, that Development
Order has been placed on the Consent Agenda of this Board; and
WHEREAS, no person has appealed that Development Order to
this Board, and no member of this Board desires to remove the
Development Order from the Consent Agenda; NOW THEREFORE,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, as follows:
Section 1 . That Planning Commission Resolution #28-9:L,
including all the terms, conditions and requirements con-
tained therein, is hereby attached to this resolution and
made a part hereof.
•
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Section 2 . That Planning Commission Resolution #28-91,
including all the terms, conditions and requirements con-
tained therein, is hereby affirmed.
Section 3 . That this Board' s Findings of Fact and Conclu-
sions of Law are predicated upon those specified in Planning
Commission Resolution #28-91, and which this Board hereby
adopts as it' s own.
Section 4. That as required by Section 9 . 5-72 (a) of the
Monroe County Code, Amended, "A conditional use approval
shall not be transferred to a successive owner without notifi-
cation to the Development Review Coordinator within five (5)
days of the transfer. "
Section 5 . That as required by Section 9 . 5-72 (a) (1) of the
Monroe County Code, Amended:
a. Applications) for a building permit( s) shall be made
within six (6) months of the date of, the approval; and.
that
b. All required certificates of Occupancy shall be procured
within two (2) years of the date of issuance of the
initial building permit.
•
Section 6 . That the Clerk of the Board is hereby directed
to forward a certified copy of this Resolution to the Monroe
County Planning Department. .
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L . •,'
Section 7. 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 8. That the Clerk of the Board is hereby directed
to file a certified copy of this Resolution in the 'Public
Records of Monroe County, Florida.
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PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of the Board held on
the 30th day of October, A.D. 1991
Mayor Harvey Yes
Mayor Pro Tem London Yes
Commissioner Cheal Yes
Commissioner Jones Absent
Commissioner Stormont Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
• M
BY
MAYOR/CHAIRMAN
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
DE TY CLERK
APPROA 0ii•
��AMQ �� .FFl� ,t!Y
- _ ey' Office
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r r
Planning Department •
RESOLUTION NO. 28-91
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION APPROVING THE REQUEST FILED BY THE
STATE OF FLORIDA, DEPARTMENT OF GENERAL
SERVICES, FOR APPROVAL OF A MAJOR CONDITIONAL
USE TO ALLOW THE ERECTION OF A FLORIDA
HIGHWAY PATROL RADIO COMMUNICATIONS TOWER ON
PROPERTY DESCRIBED AS LOTS 17 & 18, BLOCK 6,
OCEAN ISLE ESTATES, SECTION 6, TOWNSHIP 61
SOUTH, RANGE 40 EAST, TALLAHASSEE MERIDIAN,
KEY LARGO, MONROE COUNTY, FLORIDA. LOCATED AT
APPROXIMATELY MILE MARKER 106.
WHEREAS, the Monroe County Planning Commission during a
regular session held on September 12th, 1991 conducted a public
hearing on the request filed by the State of Florida, Department
of General Services, requesting approval of a Major Conditional
Use to allow the installation and erection of a radio communica-
tions tower to be used by the Florida Highway Patrol, and which
is to be located on property described as Lots 17 & 18, Block 6,
Ocean Isle Estates, Section 6, Township 61 South, Range. 40 East,
Tallahassee Meridian, Monroe County, Florida. Mile Marker 106.
The Land Use Designation is SUBURBAN RESIDENTIAL (SR) ; and
WHEREAS, the Planning Commission was presented with informa-
tion via the following:
1. The Major Conditional Use application, along with its accompa-
nying documentation, as submitted by June Stohrer, agent for
the State of Florida, Department of General Services; and
2 . The Planning Department staff report prepared - by Ms . Antonia
Gerli, Lower Keys Planner, which is dated August 27th, 199:1;
and
3 . The comments by members of the Monroe County Planning Depart-
ment; Mr. Robert Smith, County Senior Biologist; and Mr.
Garth Coller, Assistant County Attorney; and
4. The presentation of Mr. Stephen S. Mathues, attorney and
agent for the applicant; and
5 . The testimony of the following persons:
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A. Mr. Sandy Sprunt; Monroe County Land Authority, who was
sworn and spoke in favor of the proposed project; and
B. Lt. William Bass, Florida Highway Patrol, who was sworn
and spoke in favor of the proposed project; and
C. Mr. Carlton Wells, an engineer with the Department of
General Services, who was sworn and presented certain
technical information concerning the radio transmission
characteristics of the tower and antenna; and
D. Mr. David Stanford, representing the Ocean Isle Estate
Property Association, who was sworn and spoke in opposi-
tion to the proposed project; and
E. Mr. Michael Chenoweth, who was sworn and spoke in opposi-
tion to the proposed project; and
F. Mr. Fredrick Aultman, who was sworn and spoke in opposi-
tion to the proposed project; and
G. Ms. Pat Nevers, who was sworn and spoke in opposition to
the proposed project; and
H. Ms. Bonnie Stanford, who was sworn and spoke in opposi-
tion to the proposed project; and
WHEREAS, the Planning Commission has made the following Find-
ings of Fact and Conclusions of Law:
1. That there are areas of Monroe County that are presently not
covered by the Florida Highway Patrol' s radio network; and
that
2 . In order to assure the health, safety and welfare of the
citizens of Monroe County, the public in general, and the
officers of the Florida Highway Patrol, the holes in the
communications system need to be eliminated; and that
3 . The proposed tower, to be located on the subject site, will
be the last link needed to close the holes in the Highway
Patrol' s radio communications system in the Keys; and that
4. The proposed project, subject to the conditions contained
herein, complies with, the requirements of Section 9 . 5 of the
Monroe County Code, Amended; NOW THEREFORE,
BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE COUNTY,
FLORIDA, that the preceding Findings of Fact and Conclusions of
Law, support their decision to GRANT Conditional Approval of
the Major Conditional Use request filed by the State of Florida,
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/11111
Department of General Services, to allow the installation and
erection of a radio communications tower to be used by the Flori-
da Highway Patrol; said tower to be located on property described
as Lots 17 & 18, Block 6, Ocean Isle Estates, Section 6, Township
61 South, Range 40 East, Tallahassee Meridian, Monroe County,
Florida; subject to the following conditions and restrictions:
1 . That the final development plan shall be returned to the
Planning Commission for final approval as provided in Section
9.5-70(e) of the Monroe County Code, Amended; and that
2 . The approval is contingent upon the site plan procuring ap-
proval from the Monroe County Land Authority at their Septem-
ber 18th, 1991 meeting; and that
3 . A conservation easement of 375 feet beyond the compound enclo-
sure fence be established for the life of the tower site; and
that
4. The lease(s) to the Department of General Services for the
tower site property and conservation easement property shall
be recorded in the Public Records of Monroe County; and that
5 . The site vegetation transplantation/restoration plan and the
tree snail relocation plan; as specified in the Creel Proper-
ty Habitat Analysis, prepared by Robert Smith, County Senior
Biologist, dated May 1991; be coordinated with, and accom-
plished under the direction of Mr. Robert Smith, Monroe Coun-
ty Senior Biologist; and that
6. The road providing access to the tower site be secured with
an appropriate fence or barrier at its point of origin on
Andros Road, such that access will be restricted to author-
ized personnel only, and which will preclude any type of ille-
gal activities on the site; and that
7 . The property area leased by the State of Florida, Department
of General Services, for the tower site shall be a minimum of
one acre as specified in Section 9 .5-236(c) (8)a of the Mon-
roe County Code, Amended, and shall comply with the open
space requirements of the Monroe County Code, Amended; and
that
8. The tower will be illuminated, as required by the Federal
Aviation Agency, in the same manner as has been tested and is
presently being utilized on the other Department of General
Services' radio towers in operation in the Florida Keys; and
that
9. There be an Ospery platform installed on the tower as request-
ed by Dr. Peter Kalla, Florida Game and Freshwater Fish Com-
mission, at the Development Review Committee meeting held on
July 10th, 1991; subject to the safety regulations of the
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11111
ti
United States Occupational Safety and Health Administration;
and that
10. A site access restricting fence, as per the specifications of
the Monroe County Planning Department, shall be constructed
prior to any other construction activities being initiated in
order to protect endangered vegetation, and to prevent possi-
ble injury to the public that could result from climbing on
the partially constructed tower.
PASSED AND ADOPTED by the Planning Commission of Monroe
County, Florida, at a regular meeting held on the 12th day of
September, 1991 .
Chairman Mravic YES .
Vice-Chairman Scharch YES .
Commissioner Haskell YES .
Commissioner Kloski YES .
Commissioner Mannillo YES .
PLANNING COMMISSION OF
MONROE COUNTY, FLORIDA
By /- / 0i��'/�
Milt Mravic, Chairman
Signed this f day of , 1991 .
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