04/15/1993Special/Land Use Plan 93/193
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Special Meeting/Land Use Plan
Board of County Commissioners
Thursday, April 15, 1993
Key Colony Beach
A Special Meeting of the Monroe County Board of County
Commissioners convened at 1: 00 p.m. , and a Public Hearing at 6: 00
p.m. concerning the Adoption of the proposed Monroe County Year
2010 Comprehensive Plan. Present and answering to roll call were
Commissioners Earl Cheal, Shirley Freeman, Mary Kay Reich,
Wilhelmina Harvey 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.
ADDITIONS, CORRECTIONS, DELETIONS,
Motion was made by Commissioner Freeman and seconded by
Commissioner Cheal to approve additions, corrections, and
deletions. Motion carried unanimously.
COUNTY ADMINISTRATOR
Judson Freeman, Bond Counsel, addressed the Board.
Motion was made by Commissioner Cheal and seconded by
Commissioner Freeman to adopt the following Resolutions:
Resolution providing for the advance refunding of the
outstanding Improvement Revenue Bonds, Series 1988A and Series
1988B, of the County; Authorizing the issuance of not exceeding
$7,500, 000 Refunding Revenue Bonds, Series 1993 , of the County to
finance the cost thereof; Providing for the payment of such bonds
from the first and second guaranteed entitlement of the County to
State Revenue Sharing Trust Funds; Making certain covenants and
Agreements in connection therewith; and Providing an effective
date;
RESOLUTION NO. 170-1993
See Res. Book No. 114 which is incorporated herein by reference.
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Resolution fixing certain of the remaining fiscal
details for the Refunding Revenue Bonds, Series 1993 , of Monroe
County, Florida; authorizing the public sale of such bonds and
approving the Notices of Sale and bid forms in connection
therewith; and Providing an effective date.
RESOLUTION NO. 171-1993
See Res. Book No. 114 which is incorporated herein by reference.
Motion carried unanimously.
DIVISION OF MANAGEMENT SERVICES
Motion was made by Commissioner Cheal and seconded by
Commissioner Freeman to reconsider the Board' s previous approval
of awarding bid and granting approval of contract to install
landscaping on Cudjoe Key. Motion carried unanimously. Motion
was made by Commissioner Cheal and seconded by Commissioner
Freeman to approve the County Administrator's recommendation
awarding the Bid to Toppino's Inc. , with a bid of $48,473 . 00 with
plants and $11, 263 . 00 without plants, and allowing the Staff to
choose the most economical alternative for the County. Motion
carried unanimously.
DIVISION OF PUBLIC SAFETY
County Administrator, Tom Brown and Public Safety
Director, Reggie Paros, addressed the Board. Motion was made by
Commissioner Freeman and seconded by Commissioner Harvey granting
approval to establish a new County employment position of
Communications Systems and Programs Director at a pay series 409.
Motion carried unanimously.
DIVISION OF GROWTH MANAGEMENT
Growth Management Director, Bob Herman and Mark Rosch,
addressed the Board concerning estimates of land acquisition
costs and land use designations and densities on Grassy Key. Mr.
Rosch discussed the Board' s previous conflicting actions
concerning Objective 103 . 1 (c) . Motion was made by Commissioner
Reich and seconded by Commissioner Harvey to strike Objective
103 . 1 (c) . Roll call vote was taken with the following results:
Commissioner Cheal No
Commissioner Freeman No
Commissioner Harvey Yes
Commissioner Reich Yes
Mayor London No
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Motion failed.
Board then proceeded to discuss the Monroe County Year
2010 Comprehensive Plan with the intervenors present. The
following individuals addressed the Board:
Tim Murphy, Executive Director of the South Florida
Regional Planning Council, Richard Grosso of 1000 Friends of
Florida, Debbie Harrison of the Wilderness Society, Mary Brown of
The Friends of the Everglades, George Kundtz of the Florida Keys
Citizen's Coalition, and George Kundtz, individually, Dagny
Johnson of the Upper Keys Citizen's Association. The Board
received written communication from Henry Lee Morgenstern.
Attorney Jim Hendrick addressed the Board concerning
the possibility of the County joining in litigation concerning
Florida Bay including the Miccosukee Indian suit.
There being no further business, the Board adjourned.
The Board reconvenes with all Commissioners present on
the Adoption of the proposed Monroe County Year 2010
Comprehensive Plan.
PUBLIC HEARING
Growth Management Director, Bob Herman, Planning
Director Lorenzo Aghemo, and Mark Rosch addressed the Board
concerning the Adoption of the proposed Monroe County Year 2010
Comprehensive Plan. The following individuals addressed the
Board:
Karen Roberts, representing The Dolphin Research
Center, David A. Ornstein, representing the Cudjoe Key Homeowners
Association, Robbie Reckwerdt, representing Robbie Marine
Enterprises, Andrew Tobin, Jim Mattson, Fred Tittle, Shirley
Kopta, representing Buccaneer Point residents, Joseph Hann and
Dottie Hann, representing Buccaneer Point Residents, H. T.
Pontin, Dayton Classer, Debra S. Harrison, representing The
Wilderness Society, Stanley Becker, representing Monroe County
United, Brian Schmitt, George Kundtz, Individually and
representing the Florida Keys Citizen's Coalition, Scott Hess, of
the Law Offices of John Conlin, representing Captain's Quarters
Condominium, Bill Wilkinson, Leigh Williams, representing the
Seacamp Association, Inc. , Don Johnson, Dick Ogburn, representing
the South Florida Regional Planning Council, Monica Haskell,
Joyce Newman, representing Clean Water Action, John Fernsler of
Wallace, Roberts & Todd, Richard Grosso, representing 1000
Friends of Florida, Walter S. Carson, representing the Florida
Keys Contractors Association, Juanita Greene, Eugene F. Dwyer,
REVISED
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Dagny Johnson, representing the Upper Keys Citizen's Association,
and Bob Ernst addressed the Board.
Motion was made by Commissioner Cheal and seconded by
Commissioner Freeman to approve the following Amendment to the
Monroe County Year 2010 Comprehensive Plan, Policy 212.5.4:
Change 200 feet to 100 feet in (a) and add:
A variance procedure, separate from that set forth in
the current Land Development Regulations, Section 9.5-
523, shall be included in the Land Development
Regulations, to allow the minimum relaxation of the
above restrictions which is necessary to provide the
upland owner reasonable access to adjacent waters for
recreational use. That variance procedure shall
incorporate, among other criteria, requirements that
such structures not be inconsistent with community
character, not interfere with public recreational uses
in or on adjacent waters, and pose no navigational or
safety hazard.
Motion carried unanimously.
Motion was made by Commissioner Cheal and seconded by
Commissioner Freeman to approve the Planning Commission's
Recommendation Number 1, Page 4 of 9 of Resolution No. P14-93 , of
the document entitled Monroe County Year 2010 Comprehensive
Plan - Planning Commission Special Hearing Resolution & Exhibits
of April 1st, 1993, which is attached hereto and made a part
hereof. Roll call vote was taken with the following results:
Commissioner Cheal Yes
Commissioner Freeman Yes
Commissioner Harvey Yes
Commissioner Reich No *
Mayor London Yes
Motion carried.
Motion was made by Commissioner Freeman and seconded by
Commissioner Harvey to approve the following Amendment to Policy
202 .8.4, by adding to it:
This policy does not apply to the entrance
channels into Key West Harbor and Safe Harbor.
Motion carried unanimously.
Motion was made by Commissioner Cheal and seconded by
Commissioner Freeman to approve the following changes to Policy
Number 1, Page 2.0-1 by adding to it:
(b) Implementation of Objectives 901.4 (sewer
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master plan) and 1001.3 (stormwater master
plan) ; and, as found in (c) Table 3 . 1 (five
year schedule of capital improvements)
Motion carried unanimously.
Mr. Charles Pattison of the Department of Community
Affairs addressed the Board concerning the Monroe County Year
2010 Comprehensive Plan. Mr. Jim Hendrick, Special Litigation
Counsel, addressed the Board. Motion was made by Commissioner
Reich and seconded by Commissioner Harvey to approve the
following Amendments to be added to the Introduction:
"No economic impact study on the cost of implementing
this plan has been conducted before its adoption.
Estimates project costs far beyond the capacity of
Monroe County to afford. The taxpayers of Monroe
County are already paying the highest taxes in the
State of Florida and have indicated that although they
would like to see the Florida Keys remain a beautiful
and pristine area, we cannot afford to assume any more
of the economic burden to accomplish this.
Therefore, the Monroe County Board of County
Commissioners will not authorize any further taxation
on the people of Monroe County for the purpose of
raising revenues for implementation of the land use
plan. Should any agency of State government change,
modify or remove this prohibition, then and in that
event, this plan shall become null and void and Monroe
County shall revert to its approved 1986 Land Use Plan.
5. 0
The Florida Keys have been an Area of Critical State
Concern designation since 1976. During that 17 year
period, Monroe County has adopted two land use plans,
both of which were reviewed and approved by the State
of Florida under Chapter 380 F.S. The plan
contained herein, prepared under Chapter 163 F.S. ,
which applies to ALL Florida local governments, is
substantially more stringent than the previous two
plans. Therefore, the Monroe County Board of County
Commissioners adopts this plan on the condition that
the Governor and Cabinet, upon acceptance of this plan,
immediately remove Monroe County from the Area of
Critical State Concern status under Chapter 380 F.S. "
During discussion, the motion was withdrawn. Motion was then
-made by Commissioner Reich and seconded by Commissioner Harvey
directing legal counsel to prepare a Resolution for the next
Board meeting in reference to the Critical Concern designation
and to make a report as to the feasibility of imposing a
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93/198
limitation on all local tax revenue sources in order to raise
revenue for the implementation of the Plan to be approved by
referendum. Roll call vote was unanimous.
Motion was made by Commissioner Freeman and seconded by
Mayor London to adopt the following Ordinance adopting the
amended Monroe County Year 2010 Comprehensive Plan pursuant to
the Joint Stipulated Settlement Agreement and Section 163 . 3184,
Florida Statutes. Roll call vote was taken with the following
results:
Commissioner Cheal No
Commissioner Freeman Yes
Commissioner Harvey Yes
Commissioner Reich Yes
Mayor London Yes
Motion carried.
ORDINANCE NO. 016-1993
See Ord. Book No. 30 which is incorporated herein by reference.
Mark Rosch addressed the Board concerning the inclusion
of Commission forewards with the transmittal. Motion was made by
Commissioner Cheal and seconded by Commissioner Freeman to
include a foreward by any County Commissioner to be forwarded
with the Plan and to be provided to the Staff by Monday, April
19. Motion carried unanimously.
There being no further business, the meeting was
adjourned.
Clerk to the Board of County
Commissioners of Monroe County
ae;‘,/m2i C. ,
4okrAtt1)
Deputy Clerk
BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE COUNTY,
FLORIDA, that the Monroe County Year 2010 Comprehensive Plan is
hereby recommended for ADOPTION to the Board of County
Commissioners of Monroe County, as amended by the following
Planning Commission recommendations approved on April 1st, 1993 :
1. Delete any reference to commercial center overlays from all
policies and maps, to include but not limited to the
following policies by deleting policy 101.4 . 17, and amending
101.5 .3 , 101. 11.2, 101.13 .5, 101.13 .9, 101.5 .5 paragraphs (1)
and (3) , and . The proposed selected revisions are to read
as follows:
Policy-191:4:17
The- - - -p-r-iipa-1 - - -purpose- - - -of- - - -the- - - -Ct - - -Commercial
Center=- -overlay- - -category - - i-5- - - to- - - designate- - -established
commercial- -centers- -towards - which- --non-r-es-i ent-ial- -development
should- be- -d-i-rect-ed- -through -an- incentive- -factor- -in- -the -Permit
Allocation- - -Syst-e - - {see- - -ob-j-ecti - -191:5- - -and - -supporting
policies} ; - -thereby- -encouraging - a - -compact - forrm- - of- -growth
Maximum- -permitted- -densities- -and- -intensities- -shall- -be- -
in
accordance- - -with- - -the - - - - -land - -use- - -categories
{93-5:996{3} {e}1-and-7}
{Renumber subsequent policies accordingly}
Policy 101.5.3
In order to ' encourage a compact form of non-residential
growth, the Point- - -System- - -shall- - -assign- - -a- - -positive
point- - -r-atrng - - to- - -applications- - -f-or- - - ne� - -non-res�.dextial
development-proposed- in- -the- -C-ompae-t -Gommereial -Gente:-overlay
eategery- - -shown - - -on- - - the- - -Future- - -nand - - -Use• - - Map Permit
Allocation System , shall limit the amount of new
non-residential development. (See Policy 101.3 . 1. )
{9J-5 . 006 (3) (c) 1}
Poliey-191;11;2
compatible- - with- - -ad.j- teem - -land- - uses;- - late- - -new- -public
buildings- - w-ithin - -the- -eempaet- - C terciea- - -C-enter- - -everlay
eategery-shown-on-the-Future-Band-Use-Map:
Policy 101.13..5
As part of , the first annual review of the Point System,
positive points, or "Potential Development Credits" (PDCs)
shall - be awarded for applications. proposing non-residential
development which will transfer development rights away from
eligible sender sites to eligible receiver sites. PDCs shall
be awarded to commercial projects for TDRs transferred from
either residential or commercial zones. Transfers
within- t -same- -zoning -category- sha33- -also -be- -el i-gill-e-for
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COMPPLAN. 09/TXTDR, 040693 Initials
Commercial- Center- -t-o• -a -parcel- within- -a- -designated-Commercial
Center:
Policy 101.13.9
In conjunction with the first annual review of the Point
System, the following guidelines shall be used to establish
positive point awards in the Non-residential Permit
Allocation System for each PDC:
Sender Site Receiver Site PDC Points
freshwater wetland UC within-a most points
Commercial-Center
SC within-a
Commercial-Center
MU within-a
Commercial-Center
SS SC or MU outside-a least points
-Commercial-Center
Policy 101.5.5
Monroe County shall implement the Non-residential Permit
Allocation and Point System via the land development
regulations. The following weighting categories are hereby
established as guidelines for developing the specific point
values in the land development regulations . The points are
intended to be applied cumulatively except where specified
otherwise.
Weighting Category Range of Points
Major 6 to 10
Moderate 3 to 5
Minor 1 to 2 •
Adjustments to the specific point values assigned in the land
development regulations may be accomplished without an
amendment to this plan, provided the adjusted point values
are consistent with the weighting categories assigned in this
policy. The point system criteria and corresponding
weighting categories are hereby established as follows:
(1) Commercial Area Infill Points shall be assigned to
Allocation Applications for proposed non-residential
developments which result in the infill of existing
commerical areas.
J
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Weighting
Category Criteria
-Moderate -Nen-residential-development
-Positive -which-is-proposed-within
-a-Commercial-Seater-overlay; -as
-depicted-on-the-Future-band-Use
-Map:
Moderate Non-residential development which is
Positive proposed as an addition to an
existing non-residential develop-
ment whieh-is-not-loeated
a-Gemmereial-Seater:
(2) Infrastructure Availability
Weighting
Category Criteria
Moderate Any non-residential development
Positive site which is served by existing
infrastructure, including at a
minimum potable water, electricity
and paved roadways . For the
purposes of this section, "existing
infrastructure" means that
infrastructure in place as of the
effective date of this plan.
(3) Intensity Reduction - Points shall be assigned to Allocation
Applications for proposed non-residential developments which
include a voluntary reduction of intensity outside- - of
Commercial-Centers .
Weighting
Category Criteria
Moderate The proposed development
Positive is-net-located-in-a
Commercial-Seater-and
reduces the permitted floor area
ratio by 35 percent or more.
i
2 . Amend policy .212 .5 .2, last sentence to read as follows:
" . . .Any docking facility that is accessory to a single family
dwelling unit shall have a depth of minus three (-3) feet
mean low water or greater at the terminal end and shall have
access to deep water by an existing, established, and
legally marked (in accordance with Obiective 202 .7 and,
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