02/03/1997 Special
97/19
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Special Meeting
Board of County Commissioners
Monday, February 3, 1997
Key West, Florida
A Special Meeting of the Monroe County Board of County
Commissioners convened at 10:00 a.m., on the above date, at the
Holiday Inn Beachside. Present and answering to roll call were
Commissioners Shirley Freeman, Wilhelmina Harvey, Jack London,
Mary Kay Reich and Mayor Keith Douglass. Also present were Danny
L. Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; James
Hendrick, County Attorney; James Roberts, County Administrator;
County Staff, members of the Press and Radio; and the general
public.
All stood for the Invocation and Pledge of Allegiance.
ADDITIONS, CORRECTIONS, DELETIONS
Motion was made by Commissioner London and seconded by
Commissioner Harvey granting approval of Additions, Corrections,
and Deletions to the Agenda. Motion carried unanimously.
Motion was made by Commissioner London and seconded by
Commissioner Reich granting approval and authorizing execution of
Change Order #1 between Monroe County and J. A. LaRocco
Enterprise, Inc., in the amount of $52,582 for Friendship Park.
Motion carried unanimously.
Motion was made by Commissioner London and seconded by
Commissioner Reich granting approval of an Agreement for
Professional Services between Monroe County and the South Florida
Regional Planning Council for scoping services. Motion carried
unanimously.
Motion was made by Commissioner London and seconded by
Commissioner Reich granting approval of corrected Fiscal Year
1998 Budget Timetable and public announcement of February 20,
1997, meeting to review budget policies and capital projects with
the Board at 9:00 a.m. in the Marathon Government Center if a
second day is not necessary for the February County Commission
Meeting. Motion carried unanimously.
PUBLIC HEARING
A Public Hearing was held to consider text amendments
97/20
to the Monroe County Land Development Regulations (LDRs)
regarding housing use, including vacation rentals. County
Attorney, James T. Hendrick; Land Use Council, Ralf Brookes, and
Growth Management Director, Bob Herman, addressed the Board.
The Board accepted public input with the following
individuals addressing the Board:
Duke pontin, Dan French, Philip Arcuni, Judith Adler,
representing the Duck Key Property Owners Association; Richard
Adler, representing the Duck Key Security District; Joe Kite,
Scott Beskin, Bill Grimes, Jane Schnebelt, Eunice Lum, Tom
Garrettson, representing the Upper Keys citizens Association;
Denise Werling, Bob Shearer, David Musselman, Dennis Henize,
Jerry polverino, Vern Pokorski, Frank Parmer, Capt. Michael
Vaughn, Dr. Rod Stiefbold, Alexis Colicchio, Eugene Paxton,
Richard Reasin, representing the Lower Keys Chamber of Commerce;
Gene Moody, representing Monroe County Vacation Rental Groups;
Jack Reamer, Linda Yorde, Web Gokey, Marie Shinkevich, H. R.
DeHaven, Clare Angerman, Sara Cook, Loraine Casella, Alice Allen,
Barbara Strong, Warren Daansen, James Rogers, Chuck Vowels, Mick
Putney, Bob Schneider, representing the Big pine Key civic
Association; Denise Boehm, Eugene Shinkevich, representing the
Florida Keys citizens' Coalition; Eric Beatie, Don Young, Capt.
Charlie Mills, representing the Monroe County Improved Sub-
Division Residential Homeowners' Association; Richard Mikkelsen,
Ed Hoover, Dave Lewis, and Don Pollock.
After Board discussion, motion was made by Commissioner
Freeman and seconded by Commissioner London to move the
Commercial Fishing Area, Commercial Fishing Village, and CFSD 1
through 20 from the As of Riqht area to the Prohibited area as
indicated on the sheet entitled SUMMARY CHART OF PROPOSED
VACATION RENTAL USES PERMITTED BY LAND USE DISTRICT, DRAFT DATED
1/29/97; and that short-term rentals be allowed in connection
with charters. After further discussion, the motion was
withdrawn. Motion was then made by Commissioner Freeman and
seconded by Commissioner London to delete all references to
Commercial Fishing Area, Commercial Fishing Village and CFSD 1
through 20 from the Ordinance specifically pages 40 through 54.
Roll call vote was taken with the following results:
Commissioner Freeman Yes
Commissioner Harvey No
Commissioner London Yes
Commissioner Reich Yes
Mayor Douglass Yes
Motion carried.
Motion was made by Commissioner London and seconded by
Commissioner Freeman to adopt the following Ordinance as modified
97/21
by the ERRATA SHEET (attached hereto and made a part hereof) and
the following changes:
Page 38
Sec. 9.5-244. Recreational Vehicle District.
(a) (1) Replace the abbreviation of RVS with
the words recreational vehicles throughout the
section.
Page 63
Sec. 9.5-534. Tourist Housinq and Vacation Rental Uses.
~ Insert the word multi-family between the words or
within a and buildinq which has in the 5th line
of the section.
Page 64
Replace the word tenant's with the word occupant's in
the 1st line of the page.
Page 68
(K) Replace the word "mav" with the word "shall" in
the 8th line of the section.
Page 70
Section 27.
Replace Monroe County Code 9.5-143(c) with Monroe
County Code 9.5-143(a) and replace the words "read as follow:"
with "add the following language:"
Delete the following:
(c) Extensions: Nonconforming uses shall not be
extended. This prohibition shall be construed so as to prevent:
(1) Enlargement of nonconforming uses by additions to
the structure in which such nonconforming uses are located;
(2) Occupancy of additional lands,
Add the following:
* * *
Notwithstanding any provision of this section 9.5-143
97/22
or of Chapter 9.5 of this Code,
and
Replace paragraph number "ill" with number "1.!l." and
paragraph number "1..!l" with number "1.2.l." in the sections.
Roll call vote was taken with the following results:
commissioner Freeman Yes
Commissioner Harvey No
Commissioner London Yes
Commissioner Reich No
Mayor Douglass Yes
Motion carried.
ORDINANCE NO. 004-1997
See Ord. Book No. 42 which is incorporated herein by reference.
Motion was made by Mayor Douglass and seconded by
Commissioner Freeman directing Staff to review implementation
issues concerning the above Ordinance and make recommendations
for consideration at the March Board meeting. Roll call vote was
unanimous.
There being no further business to come before the
Board, the meeting was adjourned.
Danny L. Kolhage
Clerk to the Board of County
Commissioners of Monroe County
~..w.. C. ~~~
Deputy Clerk
ERRATA SHEET
1. For consistency, the Planning Department recommends amending ~9.5-238 (SPARSELY
SETTLED RESIDENTIAL DISTRICT) to prohibit vacation rentals, i.e. to state __
__ Sparsely Settled Residential Districts are
similar to Native Area Districts which prohibits vacation rental uses.
2. The following Section 9.5-247 (s) was inadvertently left out of the 1/29/97 draft of the
Compromise Ordinance:
***
(s) CFSD 20 (Located on Little Torch Key):
(1) The following uses are pennitted as of right:
a. Commercial fishing;
b. Wholesale sale of catch;
c. Manufacture, assembly, repair, maintenance and storage of traps for use by
the property owners, residents, and their respective immediate families
only;
d. Fuel storage tanks of five hundred (500) gallons or less in size, installed
consistent with fire marshal standards and other applicable safety
regulations;
e. Detached dwellings;
f. Replacement of mobile homes in existence as of the date of this section;
g. Accessory uses;
h. Replacement of docks in existence as ofthe date ofthis section, regardless
ofthe percentage of replacement necessary;
1. Home occupations;
J. New docks with a terminal platform of two hundred (200) square feet or
less, if in compliance with county and state regulations;
BlIi1_lM
--
These as of right uses, a-h listed above, are subject to the following limitations:
a. Commercial fishing uses shall be limited to the property owners, residents,
and their respective immediate families;
b. No use shall involve a vessel that draws more than three (3) feet of water;
c. Wholesale sales shall be limited to the catch off-loaded from vessels
operated by the property owners, occupants, and their respective
immediate families.
(2) No minor or major conditional uses shall be permitted.
1
(3) The allocated residential density and the maximum net residential density for this
district shall be one (1) single family dwelling unit per acre, OR one (1) single
family dwelling unit per parcel for those parcels existing as of the date of this
section, whichever is less. In spite of Land Use Intensity section 9.5-261, this
residential density shall be allowed in addition to the nonresidential uses
permitted above, with the floor area and open space ratios to be determined
pursuant to section 9-5.269.
3. The following Section 9.5-255 was inadvertently left out of the 1/29/97 draft of the
Compromise Ordinance:
Sec. 9.5-255 Commercial Fishing Residential
Notwithstanding the use restrictions set forth in this division, any parcel of land may be
used for commercial fishing purposes, provided that:
(a) The parcel ofland was used for commercial fishing purposes on July 17, 1985, by
that resident or a member of his immediate family;
(b) The commercial fishing activity is operated by a resident of the parcel of land or
the resident of a contiguous parcel of land;
(c) The commercial fishing activity is limited to:
(1) The operation of commercial fishing vessels owned by a resident of the
property;
(2) The nonmechanical off-loading of catch;
(3) The storage of not more that ten (10) traps, provided that the traps are
screened from any adjacent residential use;
(4) The seasonal loading and off-loading of fishing equipment and traps
during a period of fifteen (15) days prior to and three (3) weeks after the
opening and closing of any fishing season;
(d) All fishing vessels are docked parallel to the shoreline within the property lines of
the parcel used for commercial fishing purposes;
(e) Sport fishing charter boat and sport diving charter or activities are not conducted
in the district;
(f) The operator is the holder of a valid occupational license from Monroe County;
-
(g) A sworn application was submitted to the board of county commissioners by an
individual, not a corporation, for a certification as a valid commercial fishing use
within ninety (90) days after the effective date of the Monroe County
Comprehensive Plan. Any person who submits a false application and
certification shall be ineligible for certification as a commercial use, and the
parcel of and subject to the application shall not be used for commercial fishing
purposes; .
(h)
'jl.ttll.l~I.'ti, !.ltl!.f.iil!;-%\If:: ~':h, -.It I i ,i ~4h c ",-cl~JtJiE;il<0I1E! ,;1" ,~Jk-Ljl.LltJi!: 11 {;",~@
2
4. Amending ~9.5-534 ofthe 1/29/97 draft of the Compromise Ordinance as shown:
Section 24. Monroe County Code ~9.5-534 is hereby created to read as follows:
Sec. 9.5-534. Tourist Housine and Vacation Rental Uses.
***
(Q Regulations. All special vacation rental permit applications_
_must__withthefollowing_~
--:
***
(Q 6.
For any special vacation rental use permit. or conversion of existing
dwelling units to vacation rental use. an applicant must demonstrate
compliance with all applicable and relevant state and local regulations.
as may be amended. and submit an inspection report from the:
ill State of Florida. Department of Health (DOH) verifying
compliance of the existing septic tank or on-site sewage
disposal system with DOH regulations. as may be
amended from time to time and which are hereby
incorporated by reference: or
!ill. State of Florida. Department of Environmental Protection
(DEP) verifying compliance of the existing package
plant or advanced wastewater system with DEP
regulations. as may be amended from time to time and
which are hereby incorporated by reference~
.~, .,. ,', .. _,_ _ ___ "'", ,. ... ",~:. ,:, . ",. .: ':' '-' ,-,,' "_'- . -. .- - '-'-,' ...." " -t. /'
~':>W';_M~C'-';' '_ _ ~A" ,,- , . ".' . ,. -, " .... ." ,"-'- -,,"',,;. :',
. l,i;;2~1) . "" iizi:~_S",Vo" ~'{~ i:;:! ~v':: ~'" tQ l,,<,"};x...~_;/.~.. ~_ __vn_' Y~"_~~~~"U"'_~'h ."~
~~~~ft!?JL~-!!.-~~~~~~~~~~~~~!:lS'--u~m~-P'~!.,ll~~~~.J..~~~;:U'l'd~~~~W .,
-
~ ~<-'ll."dY:,<><<W."~"~~"',,",,'i!: ,"~3 t..,_ "~'ii_,,,~ .""_~ { ~~ "'-.. l:'"_y~"~~ .~.,. >".>,;1:.V_f "',",,,..
'l'o' ~~l..~~~~~ !!' '1."'Zr~~1.~",:"~" !J..~ l.!:t~~~\.,!} !1.~~A~ ~~~~~~~15>>~i",,~~~ ~J1~~-
(D) A complete special vacation rental permit application must include the following
information:
***
(3) An approved DOH or DEP inspection or certification of the adequacy of
3
,_' -: _'k'~:' ;' /;:_ '~:,' t8_':<:~~~W':""< i~i:;
***
5. Amending ~9.5-242.5 ofthe 1/29/97 draft ofthe Compromise Ordinance as shown:
Sec. 9.5-242.5 Improved Subdivision District -Tourist Housine District.
***
___lI_'Il"__
.,..."ww, .. " "'". , 'w " ~., '. ," , 'I'" "', '" _.:""',.Iit!...........,, .....:..., ' ':
itS
, ' , :' " :" _, "''', '*"':'::, .:c'." ,'''"'''':''T ,,' ~'".'" ';"""",:,:,', ,'"," ,x;:_: :., '";>,,,','M:_;>- , ,-",- ,"__, ,'X<,~,':':"',,-,"'>. , ' ',:",,", :",,,,
4