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12/12/1991 Special WW 201 Special Meeting Board of County Commissioners Thursday, December 12, 1991 Key Colony Beach _. A Special Meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m. on the above date at the City Hall in Key Colony Beach. Present and answering to roll call were Commissioner Earl Cheal, Commissioner Douglas Jones, Commissioner Jack London, Commissioner John Stormont, and Mayor Wilhelmina Harvey. Also present were Rosalie Connolly, Deputy Clerk; Randy Ludacer, County Attorney; Tom Brown, County Administrator; County Staff; County Consultants; members of the Press and Radio; and the general public. All stood for the Invocation and Pledge of Allegiance. Mayor Harvey introduced Planning Commission members Monica Haskell, Ed Kloski, Grace Mannillo, Jim Miller, and Milt Mravic. The Board discussed the role of the Planning Commission in this process and requested that the Planning Commission members feel free to give their input. - ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Commissioner Jones and seconded by Mayor Harvey Jones to approve additions, corrections and deletions to the Agenda. Motion carried unanimously. DIVISION OF GROWTH MANAGEMENT After discussion, motion was made by Commissioner London and seconded by Commissioner Stormont that for the Land Use Plan meetings, every speaker should be allowed a five-minute time limit. Roll call vote was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey Yes No Yes Yes Yes Motion carried. - Division Director Bob Herman introduced members of the Consulting Team of Wallace-Roberts-Todd who proceeded with their presentation. Each member of the Planning Commission addressed the Board. The following persons addressed the Board: Debra Harrison, Fred Tittle on behalf of fifteen clients, George Kundtz for the Florida Keys Citizens Coalition, Dagny Johnson for the Upper Keys Citizens Association, George Schroeder, Shirley Mart Benson for Monroe County C.A.R.E.S., ww 202 Joan Tucker, Al Griffin for Monroe County United, Linda Jensen, Dona Merritt, Bill Smith for the Florida Keys Contractors Association, H. T. pontin, Richard Grosso for 1000 Friends of Florida, Randy Cohen for the Florida DCA Field Office, Don Meng for the Big Pine Key Civic Association, Bob Ernst. - BOARD OF APPEALS The Board considered an Administrative Appeal filed by Preservation Services, Inc. of the decision by an Assistant Building Official that the contractor for Hawks Nest Condominium, Preservation Services, Inc., had performed $403,567.00 worth of remodeling work without a building per- mit and fees for an "after-the-fact" permit would be ten percent of the value of work, or $40,356.70; Hawks Nest Condominium is located at Lots 9 and 10, Block 1, Knights Key (continued from November 19, 1991). Mitchell Cook, attorney for Preservation Services, Inc., addressed the Board. Motion was made by Commissioner Jones and seconded by Commissioner London to continue. Garth Coller,. Assistant County Attorney, addressed the Board. Motion was withdrawn. Mr. Cook addressed the Board. During discussion, the Chair ruled that Mr. Morrison of Preservation Services, Inc. could not speak. Garth Coller addressed the Board. Mr. Cook rebutted. Mr. Coller rebutted. After discussion, motion was made by Commissioner Jones and seconded by Commissioner Cheal to uphold the Planning Commission's decision based on the fact that there was no evidence to show that they acted in error. Roll call vote was unanimous. DIVISION OF GROWTH MANAGEMENT The Consultants and Board proceeded with the pre- sentation and discussion of Working Paper #3. Motion was made by Commissioner Jones to utilize the day that was set aside for the Upper Keys and to delay any decisions until that meeting originally scheduled for December 18th and not to have any further public input at that meeting. Motion died for lack of a second. The Board then proceeded to fully discuss each of the Alternative Concepts of Working Paper #3 for the Comprehensive Plan with the Consultants, members of the Planning Commission and Staff, and then made motions to give direction for each of the key policy questions as follows: "IN WHAT GEOGRAPHIC PATTERN SHOULD MONROE COUNTY ALLOW RESIDENTIAL GROWTH?" .Concentrated/Urban Node .Compact Pattern .Dispersed Pattern Motion was made by Commissioner Cheal and seconded by Commissioner Stormont to accept the Consultant's recommendation for the Compact Pattern. Roll call vote was unanimous. "WHAT RESIDENTIAL GROWTH ALLOCATION MECHANISMS SHOULD MONROE COUNTY APPLY?" .permit Allocation/Rate of Growth .point System .Lottery or "First Come First Served" I ww 203 .Land Use Change (Rezoning) .Density Reduction (Downzoning) .Intensity Reduction ..... Motion was made by Commissioner Jones and seconded by Mayor Harvey to approve a combination of "First Come First Served" with the Point System only within the Compact area. During discussion, motion was withdrawn. Motion was then made by Commissioner Cheal and seconded by Mayor Harvey to approve the Point System. Roll call vote was unanimous. Motion was made by Commissioner Stormont and seconded by Commissioner Cheal for Land Use Change (Rezoning) on a minor scale contingent upon how planners may need to use this tool in balancing and providing an equitable system. Roll call vote was unanimous. Motion was made by Commissioner Jones and seconded by Commissioner London for Density Reduction (Downzoning) to be used only in unplatted large acreages and that across- the-board reductions should be considered in those areas. Motion was then made by Commissioner Stormont to amend to say in those areas which will be subject to policy and goal environmental factors. The amend- ment was not accepted by the maker. Roll call vote on the original motion was unanimous. Motion was made by Commissioner London and seconded by Commissioner Cheal to incorp- orate Intensity Reduction through incentives for voluntary lot or parcel combinations and TDR's within the Point System which would be covered by the total residential system. Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Jones Yes Commissioner London Yes Commissioner Stormont Yes Mayor Harvey No Motion carried. ..--. "SHALL MONROE COUNTY ALLOCATE FUTURE RESIDENTIAL GROWTH TO UNIT TYPES CONSISTENT WITH PRESENT PATTERNS AND TRENDS?" 'Single Family 62% .Multi Family 25% .Hotel/Motel 13% Motion was made by Commissioner London and seconded by Commissioner Jones to move the figures of 80% and 20% allocation, with the 80% reflecting single-family and with the 20% reflecting multi-family, and that there will be a five-year imposition of a ban on hotel/motel units. Roll call vote was taken with the following results: WW 204 I Commissioner Cheal Yes Commissioner Jones Yes Commissioner London Yes Commissioner Stormont No Mayor Harvey No Motion carried. ---.. MOTION WAS MADE BY COMMISSIONER JONES AND SECONDED BY COMMISSIONER LONDON TO RE-ADDRESS THE PREVIOUS MOTION ON DENSITY REDUCTION. Motion carried unanimously. Motion was then made by Commissioner Jones and seconded by Commissioner London that the Consultants should only consider Density Reduction (Downzoning) in unplatted vacant lands, parcels and acreage. Roll call vote was unanimous. "WHAT GEOGRAPHIC PATTERN OF NON-RESIDENTIAL GROWTH SHOULD MONROE COUNTY PURSUE?" .Compact/Community Centers .Present Dispersed/Strip Motion was made by Commissioner Cheal and seconded by Mayor Harvey to pursue the Compact/Community Centers pattern. Roll call vote was unanimous. "SHOULD GROWTH? MONROE COUNTY RESTRICT THE AMOUNT OF NON-RESIDENTIAL ON WHAT BASIS?" .permit Allocation .Demonstration of Need . No Restr iction Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to choose the basis of Permit Allocation predicated on regulatory ability. Roll call vote was unanimous. Motion was then made by Commissioner Cheal and seconded by Commissioner Jones that existing vacant space be considered as part of the computations to establish additional commercial areas to be con- sidered. After further discussion, the motion was withdrawn. "IF SELECTED, HOW SHOULD A COMPACT/COMMUNITY CENTER PATTERN OF NON-RESIDENTIAL GROWTH BE IMPLEMENTED?" 'Land Use Change (Rezoning) .point System (Incentives) Motion was made by Commissioner Stormont and seconded by Mayor Harvey to use the Point System (Incentives) as a potential solution for the Consultants to proceed with the scenario in order to determine its effectiveness. Roll call vote was unanimous. ww 205 "SHOULD MONROE COUNTY RESPOND TO THE PRESENT AND FUTURE TRAFFIC CONCURRENCY CONSTRAINTS ON PLANTATION KEY, UPPER MATECUMBE KEY, LOWER MATECUMBE KEY AND BIG PINE KEY BY IMPLEMENTING ACCESS MANAGEMENT IMPROVEMENTS?" -- Motion was made by Commissioner Jones and seconded by Commissioner London to upgrade these four areas by implementing access management improvements. Roll call vote was unanimous. BY ACCLAMATION, THE BOARD RETURNED TO THE SUBJECT OF ALLOCATION OF RESIDENTIAL GROWTH. Motion was made by Commissioner London and seconded by Commissioner Jones that the allocated multi-family units be used exclusively for affordable housing and if no affordable housing projects come forward during the allocation period, the allocations go to single-family housing. During discussion, the motion was withdrawn. "ON BIG PINE KEY WHERE ACCESS MANAGEMENT IMPROVEMENTS MAY BE INSUFFICIENT TO REMOVE TRAFFIC CONSTRAINTS, WHICH GROWTH MANAGEMENT POLICY WILL BE SELECTED?" Option 1: Make no US 1 improvements and accept immediate growth constraints, coupled with: .An expanded property acquisition program ' 'An enhanced TDR system with Big Pine Key established as a sender site Option ~ Implement recommended TSM improvements and accept long-term growth constraints, providing for: .Growth allocations to reduce habitat impacts (deer corridors, lenses, recharge areas, etc.) .Expanded property acquisition program .An enhanced TDR system with Big Pine Key established as a sender site Option 1: Implement recommended TSM improvements and accept short-term growth constraints, providing for: .Growth allocations to reduce habitat impacts (corridors, lenses, recharge areas, etc.) .An enhanced TDR system with Big Pine Key established as a sender site .Investigation of long-term removal of traffic constraints by the four- laning of US 1 coupled with: a. Key Deer corridor overpass/ underpass to allow safe crossing of US 1, or b. Fencing of the US 1 corridor to prevent Key Deer crossing ww 206 Motion was made by Commissioner London and seconded by Commissioner Stormont to choose Option 3 with the elimination of "An enhanced TDR system with Big pine Key established as a sender site". Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Jones Yes Commissioner London Yes Commissioner Stormont Yes Mayor Harvey No Motion carried. Motion was then made by Commissioner London and seconded by Commissioner Jones to amend the fore- going motion to say "Investigation of long-term removal of traffic constraints by the four-Ianing of US I or by other methods, including but not limited to an access road". Roll call vote was unanimous. SHOULD MONROE COUNTY DEVELOP AN ACQUISITION PROGRAM TO MITIGATE THE IMPACT OF A PERMIT ALLOCATION SYSTEM ON PERSONS WHO WOULD QUALIFY FOR A PERMIT BUT ARE REPEATEDLY DENIED DUE TO THE LACK OF AVAILABLE MEANS? Motion was made by Commissioner Jones and seconded by Commissioner London to do so. Roll call vote was unanimous. BY ACCLAMATION, THE BOARD RECONSIDERED THE ALLOCATION OF FUTURE RESIDENTIAL GROWTH. Motion was made by Commissioner London and seconded by Commissioner Jones to allocate the 20% multi-family to affordable housing only if no qualified applicants come forward for affordable multi-family housing, that 20% or any portion of that left will tip over into single-family affordable housing, and if in the period of the year no appli- cants come forward for single-family affordable housing then in the following year any units that remain in that 20% go into the pool of available general single-family permits. Roll call vote was unanimous. MOTION WAS MADE BY COMMISSIONER STORMONT AND SECONDED BY COMMISSIONER CHEAL TO RECONSIDER THE ITEM CONCERNING THE COMPACT/COMMUNITY CENTER PATTERN OF NON-RESIDENTIAL GROWTH. Motion carried unanimously with Commissioner London not present. Motion was then made by Commissioner Stormont and seconded by Commissioner Cheal that the Consultants should expand to include Intensity Reduction as part of the.methodology that they will be considering. Roll call vote was unan- imous. ww 207 staff was directed to develop a schedule for sub- mission at the next meeting; to establish a review of the draft document by the Board prior to consideration by the Development Review Committee, the Planning Commission, and final Board of County Commissioners meeting; to recommend that meetings start at 4:00 p.m.; and to direct Staff that when they review regulations, they should look at them from a permitting viewpoint. ~ Motion was made by Commissioner Jones and seconded by Commissioner Cheal to cancel the Land Use Plan Meeting scheduled for December 18th. Motion carried unanimously. Motion was made by Commissioner Jones and seconded by Commissioner Cheal to turn over to Staff for reply the December 11th letter from the Property Appraiser which concerned TDR's. Motion carried unanimously. There being no further business, the meeting was adjourned. * * * * * -----