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11/19/1992 SpecialMINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 92/435 Special Meeting/Public Hearing Board of County Commissioners Thursday, November 19, 1992 Key Colony Beach A continuation of the November 18, 1992 Public Hearing of the Monroe County Board of County Commissioners convened at 9:30 a.m. on the above date at the City Hall in Key Colony Beach to consider an Ordinance adopting and ratifying certain Land Development Regulation Amendments. Present and answering to roll call were Commissioner Earl Cheal, Commissioner Shirley Freeman, Commissioner Wilhelmina Harvey, Commissioner Mary Kay Reich, and Mayor Jack London. Also present were Danny Kolhage, Clerk; Randy Ludacer, County Attorney; Tom Brown, County Administrator; County Growth Management Staff; members of the Press and Radio; and the general public. Sandy Glenn addressed the Board. Planning Director Lorenzo Aghemo addressed the Board concerning the purpose and format of the meeting. The Board then proceeded to discuss the Land Development Regulations. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman to amend ART. 1, DIV. 2, Page 1, Sec. 5 (former 9.5-2) Applicability, Paragraph (A) adding a comma after the word "County" in the third line of the first sentence; a period after the word "Airport" in the same sentence; deleting the balance of that sentence; and also changing the reference to "conditional use" to "special use permit"; adding the letter "s" to the word "provision"; also to amend Paragraph (B)(2) to strike the word "Monroe" in Line 38; also to amend ART. 1, DIV. 2, PAGE 2, Line 88, add after the word "date" the words "any such"; delete the words "the final major development"; add an "s" to the word "approval"; place a period after the word "granted"; capitalize the word "In"; also to amend Line 92 to eliminate the 92/436 words "was or is" and replace them with the word "has"; also to amend Line 93 by striking the word "the" at the end of that line; also to amend Line 94 by striking the words "final major development" and replace them with the word "such"; place a comma after the word granted at the end of that line; amend Line 104 by striking the word "the" and adding a comma after the word "granted"; also to amend ART. 1, DIV. 2, PAGE 3, LINE 112 by striking the word "was" at the end of that line; amend Line 113 by striking the words "or is" and replace them with the word "has"; amend Line 115 by placing a comma after the word "granted"; amend Lines 127 through 131 by deleting he sentence beginning with the words "The zoning board" and replace that sentence with the following sentence submitted by Fred Tittle in a memorandum from him dated November 18th which is to read as follows: "The Zoning Board and the Land Development Regulations existing prior to September 15, 1986 with regard to Major Developments, and the Planning Commission and the Land Development Regulations existing after September 15, 1986 and until the effective date of the Monroe County Comprehensive Plan and this chapter with regard to Minor and Major Conditional uses, shall continue for the exclusive purpose of considering such pending applications." Roll call vote was unanimous. Motion was made by Commissioner Reich and seconded by Commissioner Harvey to amend ART 1, DIV. 3, PAGE 4, (6) to include the following language of Page 6 of the Planning Commission's Resolution P39-92 so that this subparagraph shall now read as follows: "If any member fails to attend two of three successive meetings without cause and without prior approval of the chairman, the Planning Commission shall declare the member's office vacant, and the local governing body shall promptly fill such vacancy. The chairman or the vice-chairman, as the case may be, shall immediately file a notification of such nonattendance with the county administrator for placement on the agenda of the Board of County Commissioners; and the Board shall, by appropriate action, terminate the appointment of such person and fill the vacancy thereby created as soon as practicable." Motion carried unanimously. Motion was made by Commissioner Freeman and seconded by Commissioner Cheal to amend ART. 1, DIV. 3, PAGE 9, (C)(1) by adding the words "Code Enforcement" after the word "marshall" on Line 463. Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Mayor London to amend ART. 1, DIV. 3, PAGE 1, (B) to replace the word "shall" with the word "may" in Line 39. Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Mayor London to amend ART. 1, DIV. 3, PAGE 5, Line 233 to replace 92/437 the word "shall" with the word "may". Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman to include ART. 1, DIV. 3 as it has been amended. Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Commissioner Reich to amend ART. 1, DIV. 5, PAGE 10 (C-17) to place a period after the word "bulk" in Line 487 and deleting the words "and of similar appearing construction material" in Lines 487 and 488. Motion carried unanimously. Lee Williams of Seacamp at Big Pine Key addressed the Commission. The Board then discussed the method of proceeding with the review of the LDR's. Motion was made by Commissioner Cheal and seconded by Mayor London that the Board proceed on an exception basis in the consideration of the proposed LDR's. Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Commissioner Harvey to amend ART. 21 DIV. 13, PAGE 2, ITEM (2)b to add the words "HRS approved" before the word "Sanitary" in Line 75. Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Commissioner Reich to amend ART 2., DIV. 16, PAGE 6, LINE 295 to delete the words "in the immediate vicinity of" and replace with the words "within three hundred feet". Motion carried unanimously. Motion was made by Mayor London and seconded by Commissioner Cheal authorizing Staff to replace references to minor or major conditional uses throughout the text with the words "special permit". Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Commissioner Harvey to amend ART. 21 DIV. 21, PAGE 10 LINE 29 to place a colon after the word "District" and delete the rest of the sentence through LINE 30. Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Commissioner Reich to amend ART. 2, DIV. 21, PAGE 3, LINE 116 to add the words "Class III" before the word "landfill". Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman to approve an amendment to ART. 2, DIV. 25, PAGE 1 deleting Line 19 and re -lettering the following sections. Motion carried unanimously. 92/438 Motion was made by Commissioner Cheal and seconded by Commissioner Reich to approve an amendment to ART. 31 DIV. 1, PAGE 2, LINE 108 adding a comma after the word "hearing" and the following words "and notification that appeals will require a verbatim transcript." Motion carried unanimously. Motion was made by Commissioner Cheal to amend ART. 3, DIV. 4, PAGE 3, LINE 109 by adding a period after the word "revoked" and add the sentence "Any information or public comment received and adverse to the renewal shall be included in such notification". During discussion, the motion was withdrawn. The Board recessed for lunch. The Board reconvened with all Commissioners present. Sandy Glenn and Code Enforcement Director Marty Arnold addressed the Board. Motion was made by Commissioner harvey and seconded by Commissioner Reich to delete all of SEC. 7, ART. 3, DIV. 4, PAGES 2 AND 3 with the necessary reference changes in ART. 3, DIV. 4, PAGE 2. Motion carried unanimously. Motion was made by Commissioner Reich and seconded by Commissioner Harvey to approve an amendment to ART. 3, DIV. 4, PAGE 3, SEC. 8, LINE 143 by adding a comma after the word "owner" and also the following words "unless the successive owner is an immediate family member." Roll call vote was taken with the following results: Commissioner Commissioner Commissioner Commissioner Mayor London Motion carried. Cheal No Freeman No Harvey Yes Reich Yes Yes Motion was made by Commissioner Cheal and seconded by Commissioner Reich that ART. 3, DIV. 4, SEC. 7 be replaced with a definition in ART. 1, DIV. 5, PAGES 20 THROUGH 21, LINES 1068 THROUGH LINES 1114. Motion carried unanimously. Motion was made by Commissioner Cheal to change the content of ART. 3, DIV. 9 to limit the number of alcoholic beverage permits to the current number. After discussion, the motion was withdrawn. 92/439 Marty Leitner of Freilich and leitner discussed ART. 4, DIV. 3, PAGE 19, SEC. 6b. Motion was made by Commissioner Cheal to amend ART. 4, DIV. 3, PAGE 19, LINES 1020 AND 1021 by placing a period after the word "property" and deleting the balance of the sentence. Motion died for lack of a second. Motion was made by Commissioner Cheal and seconded by Commissioner Harvey to approve amendments to ART. 4, DIV. 3, PAGE 31, LINE 1625 to delete the remainder of the sentence following the word "engineer"; to amend LINE 1628 to replace 11(+1)" with 11(+3) and change the word "An" to "Three" and in LINE 1664 to replace the word "Preparedness" with the words "Recovery Measure". Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman to approve an amendment to ART. 5, DIV. 1, SEC. 6, PAGE 3, LINE 114 by placing a period after the word "setbacks" and eliminating the words "except the". Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Commissioner Reich to approve an amendment to ART. 5, DIV. 1, SEC. 6, PAGE 5, LINE 253 by adding after the word "gates" the words "and weed fences,". Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Commissioner Reich to approve an amendment to ART. 5, DIV. 3, PAGE 3 to add on LINE 136 a sentence reading I'd. shall be located on the property served." Motion carried unanimously. The Board discussed amendments to ART. 5, DIV. 10, PAGE 30 as proposed by Mr. Cleare Filer. The item was referred to Staff for recommendation by the December loth hearing. Commissioner Cheal discussed ART. 4, DIV. 1, PAGE 24. Bill Smith of the Florida Keys Contractors Association and Walter Carson of the Florida Keys Contractors Association addressed the Board. Motion was made by Mayor London and seconded by Commissioner Cheal to approve an amendment to ART. 1, DIV. 3, PAGE 10, LINE 533 to add a comma after the word "committee" and the words "the majority of which shall consist of County staff." Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Commissioner Reich to direct the County Attorney to draft an appropriate Appeals Section to include the use of hearing officers for Board of County Commissioners and Planning Commission appeals wherever necessary. Roll call vote was unanimous. 92/440 There being no further business, the meeting was adjourned.