8C3-2013-06-04 Tanah Keeta Scout Reservation
Transcription
8C3-2013-06-04 Tanah Keeta Scout Reservation
8C3 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY PLACEMENT: DEPARTMENTAL PRESET: TITLE: TANAH KEETA SCOUT RESERVATION (BOY SCOUTS OF AMERICA) – REQUEST TO TERMINATE THE MASTER SITE PLAN DEVELOPMENT ORDER AGENDA ITEM DATES: MEETING DATE: 6/4/2013 COMPLETED DATE: 5/23/2013 COUNTY ATTORNEY: 5/13/2013 ASSISTANT COUNTY ADMINISTRATOR: 5/20/2013 REQUESTED BY: DEPARTMENT: PREPARED BY: Name: Bradley J. Currie, AICP, Land Design South of Florida, Inc. Growth Management Joseph Banfi Name: Principal Planner Procedures: Quasi-Judicial Procedures EXECUTIVE SUMMARY: The applicant is requesting the termination of a master site plan development order granted by the Board on October 28, 2008 for the approximately 648-acre Boy Scout of America Tanah Keeta Scout Reservation located between Jonathan Dickinson State Park and Palm Beach County. APPROVAL: LEG ACA CA BACKGROUND/RELATED STRATEGIC GOAL: 8043f07a PDF Page 1 of 28 GENERAL BACKGROUND The subject property is located between Jonathan Dickinson State Park and Palm Beach County and has an area of approximately 648 acres. The property was given by the State to the Boy Scouts for scout activities and has been used for scouting for over 50 years. In 2008 the Gulf Stream Council, Inc. (Boy Scouts of America) submitted an application for master site plan approval to the County for an ambitious development program that included an expansion to the existing uses and structures on the property from 55,427 sq. ft. to 250,000 sq. ft. The northern half of the property (+/- 320 acres) is vacant and undeveloped containing native wetland and upland habitat, hiking trails, primitive unimproved camp sites and an unpaved fire road. The approved master site plan indicates that there are no plans to develop or alter this area of the property. Pursuant to the approved master site plan future development will focuses on the southern half of the property (+/- 320 acres) where the existing structures and uses are and where the proposed changes and proposed additions will occur. The existing structures and uses; and the proposed changes and proposed additions as reflected on the approved master site plan are summarized as follows: EXISTING USES AND STRUCTURES Clear lake land ship Aquatic center PROPOSED CHANGES AND ADDITIONS Existing pavilion to be enlarged to 20’x40’ with a 15’ enclosed storage 8043f07a PDF Page 2 of 28 Boat storage Boardwalk Camp pavilions Latrines Existing boat storage racks to be enlarged to four racks 6’x30’ each Additional boardwalks - optional elevated boardwalks for pedestrian access across wetland Incorporated into proposed camp pods All existing latrines to be removes except as noted Mike Machek foot trails Fire roads Boat docks Parking - 200 stabilized spaces Archery range BB gun and rifle range Shotgun range Camp pods (15) - consisting of up to eight pavilions and additional program support structures for each pod Showers/bathrooms (15) - up to 5000 sq. ft. central bath/shower facility Amphitheater - up to 10,000 sq. ft. with additional program support structures and seating for up to 500 scouts Recreation field - 150’x250’ cleared and sodded for athletic activities and scout ceremonies SE Midline Drive - 20’ minimum stabilized roadway for fire protection access Boardwalk - optional elevated boardwalk for pedestrian access across wetland Lakes – excavation to be used for proposed construction SE Clear Lake Trail – 16’ minimum stabilized roadway for emergency and fire protection access Program support structures (5) – up to 5000 sq. ft., 2 stories 200 additional stabilized spaces To be removed and replaced with an archery range with a 40,000 sq. ft. program area including two pavilions and additional program support structures To be removed and replaced with a rifle range with a 20,000 sq. ft. program area with cleared and soded security barrier, one pavilion with armory and additional program structures To be removed and replaced with a shotgun range with a 335,550 sq. ft. program area with 185,900 sq. ft. cleared and soded containing six fire stations, two 8043f07a PDF Page 3 of 28 Chapel skeet releases, one pavilion with armory and additional program structures with security fencing To be removed and replaced with a chapel with 2000 sq. ft. pavilion and seating ring Activity field – 200,000 sq. ft. program area Craft center Ranger residence Maintenance yard OA lodge Ft. Blanchard with lock out tower Pool/pool house Enlarged with greater pool decking, bathroom facilities and emergency access Staff quarters (6 cabins and 2 dorms) Additional 5000 sq. ft., one story staff quarters Program support structures (52) Multi-use building (former dining hall) Enlarged to 15,000 sq. ft. with additional bathroom facilities and add up to 15,000 sq. ft., 2 stories with outdoor amphitheater Multi-use building (trading post) Enlarged trading post/leader’s retreat up to 7000 sq. ft., 2 stories Pavilion adjacent to dock Health lodge Enlarged headquarters clinic up to 7000 sq. ft., 2 stories Cart bridge Enlarged for emergency vehicles Cope course Expanded to include additional low and high course elements and additional program support structures Cope course pavilion Basketball Additional basketball hard surface court Climbing wall To be removed Volleyball Additional volleyball sand court Skateboard ramp Boat ramp Boat house Enlarged to 5000 sq. ft., one story with an additional boat house to be constructed SE Muskogee Trail - 16’ minimum stabilized roadway for emergency and fire protection access SE Range Lane - 16’ minimum stabilized roadway for emergency and fire protection access Flags field – 150’x225’ cleared and soded athletic field and activities and ceremonies area Repelling tower – multi-story tower for 8043f07a PDF Page 4 of 28 repelling in Project Cope Program area, with pavilion and storage SUMMARY EXISTING USES AND STRUCTURES PROPOSED CHANGES AND ADDITIONS Buildings – 55,427 sq. ft. Buildings – 250,000 sq. ft. Program areas – 94,015 sq. ft. Program areas – 600,000 sq. ft. The master site plan was approved on October 28, 2008 with conditions and a timetable of development. The special conditions of approval are as follows: 1. The Rifle Range and Skeet Range are to be reversed. 2. The wetland delineations shall be corrected or modified with current information. 3. No automatic weapons shall be allowed. 4. The incidental take permit for scrub jays shall be obtained prior to any final site plan for any phase as determined by Florida Fish and Wildlife Conservation Commission. 5. The not-for-profit timetable set forth in Section 10.11.D.8.b, Land Development Regulations, Martin County Code (LDR, MCC) shall be applicable. 6. The number of shooting positions at the proposed rifle and shotgun ranges shall be no more than the number which exist on October 28, 2008. 7. The proposed changes to the master site plan and conditions of approval are subject to the review and approval by staff to insure consistency with the Comprehensive Plan and all applicable Land Development Regulations. 8. The two separate phases for the emergency access to the pool shall be combined into one Phase 9. 9. The proposed borrow lake and the Cub World element pod structure shall be moved into Phase 2 on the master site plan. 10. Exhibit C, attached hereto, is applicable to the master site plan. 11. Exhibit D, attached hereto, is applicable to the master site plan. The timetable of development for the master site plan is as follows: Pursuant to Section 10.11.D.8.b. the final site plan for the first discrete phase of development of a major development shall be obtained no later than three years after the date of the master site plan approval. The approval of the final site plan for the last phase shall be obtained no later than five years after the date of master site plan approval. 8043f07a PDF Page 5 of 28 The referenced code section in the condition of approval #5 is as follows: b. Where the applicant is an exempt organization pursuant to Section 501(c)3 of the Internal Revenue Code, the final site plan for the first discrete phase of development shall be obtained no later than three years after the date of the master site plan approval and the final site plan for the last phase shall be obtained no later than five years after the date of the master site plan approval. The County may authorize timetable extensions provided that the final site plan for the last phase of development is obtained no later than ten years after the initial master site plan approval. This provision of code referenced in the condition of approval #5 permits extensions for Section 501(c)3 of the Internal Revenue Code organization projects to permit the final site plan for the last phase of development to be obtained no later than ten years after the initial master site plan approval. CURRENT REQUEST Due to economic conditions the applicant cannot follow through with the ambitious development program that was originally contemplated for the Boy Scout property. Instead, the applicant wishes to pursue a small, scaled-back project which includes the addition of a 5500 sq. ft. headquarters/office building and a 5500 sq. ft. open covered porch around the headquarters/office building, a total of 11,000 sq. ft., to the area where active development has occurred and is established. The proposed structure will consolidate activities and uses that are currently on the property. 8043f07a PDF Page 6 of 28 Article 10 does not permit two (2) development orders for different plans to be active for the same property. The proposed headquarters/office building has been submitted to the County for development approval as a minor final site plan pursuant to Section 10.11.C, Land Development Regulations. The applicant has documented compliance with the Comprehensive Growth Management Plan and the Land Development Regulations for the proposed structure. Before a development order can be issued for the headquarters/office building, the master site plan development order must expire on October 28, 2013 or the master site plan development order must be formally terminated by the original decision maker which, in this case, was the Board of County Commissioner (Board). The applicant is requesting to terminate the development order so that the proposed headquarters/office building can be approved by staff as a minor final site plan and construction of the building can proceed as quickly as possible while funding is available for the project. ISSUES: If the development order is terminated the approval of the master site plan, the conditions of approval and the timetable of development will become null and void. There may be a desire to retain some of the conditions of approval so that they can be incorporated into future development orders and implemented for the existing and future uses on the property. The applicant has indicated to staff that they are in agreement and intend to do so. The original conditions of approval that should be retained include the following: 8043f07a PDF Page 7 of 28 2. The wetland delineations shall be corrected or modified with current information. 3. No automatic weapons shall be allowed. 4. The incidental take permit for scrub jays shall be obtained prior to any final site plan for any phase as determined by Florida Fish and Wildlife Conservation Commission. 10. Exhibit C, attached hereto, is applicable to the master site plan. 11. Exhibit D, attached hereto, is applicable to the master site plan. If the Board agrees that these original conditions should be retained the termination resolution for the master site plan should contain a requirement to add original conditions of approval #2, #3, #4, #10 and #11 to any future development order for the subject property. This includes the pending development order for the headquarters/office building. RECOMMENDED ACTION: RECOMMENDATION Staff recommends the approval of the applicant’s request to terminate the master site plan approval for the Boy Scouts of America Tenah Keeta Scout Preservation subject to the requirement to the requirement to add original conditions of approval #2, #3, #4, #10 and #11 to any future development order for the subject property. If the Board concurs and approval of the request is granted authorization is requested for the Chair to sign the resolution contained in the packet for this agenda item. ALTERNATIVE RECOMMENDATIONS Based on findings and conclusions reached by the Board that may differ from the findings and conclusions identified by staff, the Board has the options to deny the applicant request. FISCAL IMPACT: RECOMMENDATION Costs associated with the preparation of this agenda item. Funding Source County Funds Non-County Funds Authorization Subtotal Project Total ALTERNATIVE RECOMMENDATIONS Same as recommendation. 8043f07a PDF Page 8 of 28 DOCUMENT(S) REQUIRING ACTION: Budget Transfer / Amendment Chair Letter Grant / Application Ordinance Notice Contract / Agreement X Resolution Other: ROUTING: _ ADM _ GSD X CA _ BLD _ ITS X ACA _ CDD _ LIB X LEG _ COM _ MCA _ ENG _ MPO _ FRD _ PRD _ GMD _ USD 8043f07a PDF Page 9 of 28 QUASI-JUDICIAL PROCEDURES 1. Ex parte disclosures by County Commissioners. NOTE: Chairman asks: "Do any commissioners have ex parte disclosures that have not been previously filed with the Clerk?" NOTE: Commissioners use written disclosure forms to disclose communications they had prior to this public meeting with persons interested in this matter. Copies of the disclosure are forms available from the Clerk. 2. If applicable, verification by Applicant that return receipts for notices have been filed with the Clerk. 3. Request for identification of any Intervenors. (In order to be an Intervenor, a person must qualify to receive mailed notice of the subject application in accordance with Section 10.6.E, Land Development Regulations, Martin County Code (property owners within 300 feet of the project if it is inside the urban service boundary, and within 600 feet of the project if it is outside the urban service boundary). Any person who qualifies may choose to be an Intervenor. In addition, an Intervenor must file a form of intent with the County Administrator not less than 7 days prior to the Board meeting. No fee will be assessed on Intervenor. If the Intervenor is representing a group/association, he/she must file a letter on official letterhead signed by an authorized representative of the group/association, stating that he/she is authorized to speak for the group.) 4. *Administration of oath to all witnesses. 5. Staff introduction of application. 6. Questions for Staff from County Commissioners. 7. Applicant presentation. (Applicant is encouraged to keep presentation clear, concise and to the point, at a maximum of 45 minutes. Applicant’s questions for staff are to be asked during Applicant’s 45 minute presentation. Staff responses to questions will be at the conclusion of the Applicant’s presentation. All dvd, cd or video cassette tapes must be submitted for review by the County Administrator by the Friday prior to the meeting.) 8. Questions for Applicant from County Commissioners, Intervenor, and Staff. 9. Intervenor presentations. (Intervenors are encouraged to keep presentation clear, concise and to the point, at a maximum of 45 minutes for all Intervenors collectively. Intervenors’ questions for staff are to be asked during Intervenors’ collective 45 minute presentation. Staff responses to questions will be at the conclusion of Intervenors’ presentation(s). All dvd, cd or video cassette tapes must be submitted for review by the County Administrator by the Friday prior to the meeting.) 10. Questions for Intervenor(s) from Board of County Commissioners, Applicant, Staff. 11. Public Comments. 12. Intervenor(s) rebuttal and/or final comments (maximum 20 minutes collectively). 13. Applicant rebuttal and/or final comments (maximum 20 minutes). 14. Staff Final Comments. 15. County Commissioners’ final questions, deliberation and decision. PDF Page 10 of 28 MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST TO INTERVENE Date:________________Proposal/Project Name: _______________________________________________ Agenda Date: ______________________ Agenda Item Number: __________________ An “intervenor” is a person who qualifies under the Land Development Regulations to receive mailed notice regarding the subject matter (property owners within 300 feet of the project if it is inside the urban service boundary, and within 600 feet of the project if it is outside the urban service boundary). Any person who qualifies may choose to be an Intervenor, or to just offer public comment. Someone who does not qualify to be an Intervenor, or could qualify, but chooses not to be one, will be allowed to speak briefly on his or her own behalf, either to present facts or to state opinions, during public comments on the application. It should be noted that being an Intervenor in a matter under consideration by the Board does not guarantee that the Intervenor can challenge or appeal the final decision in a judicial or administrative proceeding. Also, being an Intervenor here may not even be a prerequisite to filing a challenge or appeal of the final decision, depending upon what state laws or court rules require. Please complete the following information and return this form to the County Administrator at least seven (7) days prior to the hearing on the matter. No fee will be assessed. If requesting to intervene as a group, provide on group’s letterhead, signed by an authorized representative of the group, stating the name of the group and the name of the individual who is authorized to speak for the group. Only one request needs to be submitted per each matter for which status as an Intervenor is sought, irrespective of the number of hearings to be held on the matter. All dvd, cd or video cassette tapes must be submitted for review by the County Administrator (or designee) by the Friday prior to the meeting. A Request to Intervene may be used only for the purpose of presenting evidence and testimony on a matter, and not merely to extend the time allowed to an individual to speak during public comments. (PLEASE PRINT CLEARLY) Name (individual or group representative):______________________________________________________________________ Group Name (if applicable):_______________________________________________________________________________ Address: ___________________________________________________________ City: _____________________________ Zip Code: __________________ Telephone: ____________________________ Email: ____________________________ 1. Explain what interest(s) you, as an individual or group, believe will be impacted by the proposal. Examples of interests include health and safety, police and fire protection service systems, transportation facilities, and economic, environmental or natural resources. (Attach separate sheet, if more space is needed.) ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ 2. State your position regarding the proposal. (Attach separate sheet, if more space is needed.) ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ____________________________________________________________________________________________________ 3. State all facts you believe support your position. (Attach separate sheet, if more space is needed.) ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ____________________________________________________________________________________________________ PDF Page 11 of 28 Prepared By: Martin County Growth Management Department 2401 S.E. Monterey Road Stuart, FL 34996 ____________________________________________________________________________________ [space above line provided for recording data] BEFORE THE BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA RESOLUTION NUMBER __________ [REGARDING THE TERMINATION OF THE TANAH KEETA SCOUT RESERVATION (BOY SCOUT OF AMERICA) MASTER SITE PLAN WHEREAS, master site plan approval for Tanah Keeta Scout Reservation (Boy Scout of America) was obtained on October 28, 2008, pursuant to the development order resolution recorded in the Official Records, Book 2392, Pages 593-607, Martin County, Florida. WHEREAS, pursuant to the master site plan development order the final site plan for the first discrete phase of development of a major development shall be obtained no later than three years after the date of the master site plan approval. The approval of the final site plan for the last phase shall be obtained no later than five years after the date of master site plan approval. WHEREAS, the approved master site plan development order contained the following conditions of approval: 1. The Rifle Range and Skeet Range are to be reversed. 2. The wetland delineations shall be corrected or modified with current information. 3. No automatic weapons shall be allowed. 4. The incidental take permit for scrub jays shall be obtained prior to any final site plan for any phase as determined by Florida Fish and Wildlife Conservation Commission. 5. The not-for-profit timetable set forth in Section 10.11.D.8.b, Land Development Regulations, Martin County Code (LDR, MCC) shall be applicable. 6. The number of shooting positions at the proposed rifle and shotgun ranges shall be no more than the number which exist on October 28, 2008. 7. The proposed changes to the master site plan and conditions of approval are subject to the review and approval by staff to insure consistency with the Comprehensive Plan and all applicable Land Development Regulations. 8. The two separate phases for the emergency access to the pool shall be combined into one Phase 9. 1 PDF Page 12 of 28 9. The proposed borrow lake and the Cub World element pod structure shall be moved into Phase 2 on the master site plan. 10. Exhibit C, attached hereto, is applicable to the master site plan. 11. Exhibit D, attached hereto, is applicable to the master site plan. WHEREAS, the property owner has submitted a request to terminate the master site plan development order. WHEREAS, this Board considered such application at a public meeting on June 4, 2013. WHEREAS, at the public meeting all interested parties were given an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS OF MARTIN COUNTY, FLORIDA, THAT: BOARD OF COUNTY A. The request for the termination for the master site plan development order approved on October 28, 2008 is approved subject to a requirement to add original conditions of approval #2, #3, #4, #10 and #11 to any future development order for the subject property. B. This resolution shall be recorded in the public records of Martin County. A copy of this resolution shall be forwarded to the applicant(s) by the Growth Management Department subsequent to recording. DULY PASSED AND ADOPTED THIS 4TH DAY OF JUNE, 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA BY: CAROLYN TIMMANN CLERK OF THE CIRCUIT COURT BY:_____________________________ SARAH HEARD CHAIR APPROVED AS TO FORM AND CORRECTNESS: BY:______________________________ KRISTA A. 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