09/22/2005 Special
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
2005/212
Special Meeting
Board of County Commissioners
Thursday, September 22, 2005
Marathon, Florida
A Special Meeting of the Monroe County Board of County Commissioners convened on
the above date at 9:00 AM., at the Marathon Government Center. Present and answering to roll
call were Commissioner Charles "Sonny" McCoy, Commissioner Murray E. Nelson,
Commissioner George R. Neugent, Commissioner David P. Rice, and Mayor Dixie M. Spehar.
Also present were Danny L. Kolhage, Clerk; Suzanne Hutton, Assistant County Attorney;
Thomas Willi, County Administrator; County Staff, members of the press and radio; and the
general public.
All stood for the Invocation and Pledge of Allegiance.
Mayor Spehar commend Staff and all of the individuals who worked at the Emergency
Operations Center (EOC) during Hurricane Rita.
ADDITIONS, CORRECTIONS, DELETIONS
Motion was made by Commissioner Nelson and seconded by Commissioner Rice granting
approval of Additions, Corrections, and Deletions to the Agenda. Motion carried unanimously.
PUBLIC HEARINGS
A Public Hearing was held to consider approving the request by the Lujan Limited
Partnership to amend the Future Land Use District Map (FLUM) from Mixed Use/Commercial
(MC) to Residential Low (RL) for the parcel known as the "Triangle Parcel", and from Mixed
Use/Commercial (MC) to Residential Medium (RM) for lots 6, 7, and 8 of the Key Haven's Ninth
Addition; further described as Sections 25, Township 67 South, and Range 25 East, Raccoon
Key, Monroe County, Florida; Providing for Severability; Providing for an effective date;
Providing for repeal of conflicts; Providing for transmittal to the Department of Community
Affairs.
A Public Hearing was held to consider approving the request by the Lujan Limited
Partnership to amend the Land Use District (Zoning) Map from Suburban Commercial (SC) to
Suburban Residential (SR) for the parcel known as the "Triangle Parcel", and from Mixed
Use/Commercial (MC) to Improved Subdivision (IS) for lots 6, 7, and 8 of the Key Haven's Ninth
Addition; further described as Sections 25, Township 67 South, and Range 25 East, Raccoon
Key, Monroe County, Florida; Providing for Severability; Providing for an effective date;
Providing for repeal of conflicts; Providing for transmittal to the Department of Community
09/22/2005
2005/213
Affairs. There was no public input. Motion was made by Commissioner Rice and seconded by
Commissioner McCoy to adopt the following Ordinances. Motion carried unanimously.
ORDINANCE NO. 021-2005
ORDINANCE NO. 022-2005
Said Ordinances are incorporated herein by reference.
A Public Hearing was held to consider approving a request filed by the Planning and
Environmental Resources Department to amend the Monroe County Year 2010 Comprehensive
Plan, Policy 216.1.8 concerning a Staged/Phased Evacuation in the event of a pending major
hurricane (Category 3-5). The Board accepted public input with the following individuals
addressing the Board: Alicia Putney, and John Hammerstrom, representing the Tavernier
Community Association. County Administrator, Tom Willi and Growth Management Director,
Tim McGarry addressed the Board. After discussion, motion was made by Commissioner Nelson
and seconded by Commissioner McCoy to adopt the following Ordinance. Roll call vote was Roll
call vote was taken with the following results:
Commissioner McCoy Yes
Commissioner Neugent No
Commissioner Rice Yes
Commissioner Nelson Yes
Mayor Spehar Yes
Motion carried.
ORDINANCE NO. 023-2005
Said Ordinance is incorporated herein by reference.
Growth Management Director, Tim McGarry discussed the document entitled
Supplemental Staff Report to Proposed Amendments to Comprehensive Plan: Response to DCA 's
Objections, Recommendations, and Comments Report. Said document is incorporated herein by
reference.
A Public Hearing was held approving amendments to the Monroe County 2010
Comprehensive Plan to delete requirements for a Habitat Evaluation Index (REI), revise the Open
Space, Land Acquisition, Management and GIS mapping requirement and implement Goal 105 of
the 2010 Comprehensive Plan and the Tier System by deleting Policies 101.4.20, 102.4.6,
102.9.5, 102.9.6, 103.2.2, 207.1.2, 207.10.5, 207.12.6 and Objective 1201.13; Revising Policies
101.4.22, 101.14.1, 102.1.1, 102.4.1, 102.4.2, 102.4.3, 102.4.4, 102.4.5, 102.7.3, 102.8.1,
102.8.5,102.9.1,102.9.2,102.9.3,102.9.4,103.2.1, 105.2.1, 105.2.3, 105.2.6, 105.2.7,
105.2.10, 204.2.1, 205.1.1, 205.1.2, 205.1.3, 205.1.4, 205.1.5, 205.1.6, 205.2.1, 205.2.2,
205.2.6, 205.2.7, 205.2.12, 205.2.14, 205.5.1, 205.5.2; Revising Objectives 102.4, 102.9, 205.1,
205.2 and 205.5; Creating new policies 6, 102.4.6, and 102.4.7; Providing for repeal of
Ordinances inconsistent herewith; Directing the Planning and Environmental Resources
09/22/2005
2005/214
Department to transmit a copy of this Ordinance to the Florida Department of Community
Affairs; and Providing for an effective date.
Mr. McGarry discussed the following amendments as indicated in the attached document.
The Board accepted public input with the following individuals addressing the Board:
George Wilson, Alicia Putney, and Rebecca Jetton, representing the Department of Community
Affairs.
After discussion, motion was made by Commissioner Nelson and seconded by
Commissioner Neugent to adopt the following Ordinance, as amended. Roll call vote was
unammous.
ORDINANCE NO. 024-2005
Said Ordinance is incorporated herein by reference.
A Public Hearing was held approving amendments to the Monroe County Year 2010
Comprehensive Plan to change the Rate of Growth Ordinance (ROGO) and the Non-Residential
Rate of Growth Ordinance (NROGO) to utilize the Tier Overlay as the basis for the Competitive
Point System; To implement Goal 105 ofthe 2010 Comprehensive Plan by deleting Policies
101.5.7, 101.5.8, 101.6.5, 101.6.6, 101.13.3, 101.13.5, 101.13.7, and 101.13.8; Revising
Objective 101.5, and Policies 101.2.3, 101.2.4, 101.3.1,010.3.3, 101.3.4, 101.3.5, 101.5.1,
101.5.2, 101.5.3, 101.5.4, 101.5.5, 101.5.6, 101.5.9, 101.5.10, 101.6.1, 101.12.4, 101.13.4,
101.13.6, 101.13.9, and 102.3.1; Creating new policies 101.5.9 and 101.6.5; Providing for repeal
of all Ordinances inconsistent herewith; Directing the Planning and Environmental Resources
Department to transmit a copy of this Ordinance to the Florida Department of Community
Affairs; and, Providing for an effective date.
Mr. McGarry discussed the following amendments as indicated in the attached document.
The Board accepted public input with the following individuals addressed the Board:
George Wilson, Alicia Putney, H. T. Pontin, Chris Bergh, representing The Nature Conservancy;
H. T. Pontin, John Hammerstrom, and Ed Swift.
After discussion, motion was made by Commissioner Rice and seconded by Commissioner
Nelson to adopt the following Ordinance, as amended. Roll call vote was unanimous.
ORDINANCE NO. 025-2005
Said Ordinance is incorporated herein by reference.
There being no further business, the meeting of the Board of County Commissioners was
adjourned.
Danny L. Kolhage, Clerk
and ex-officio Clerk to the Board
09/22/2005
of County Commissioners
Monroe County, Florida
Jk~c. f1;~a4kJ
Isabel C. DeSantis, Deputy Clerk
2005/215
County of Monroe
Growth Management Division
2798 Overseas Highway
Suite 410
Marathon, Florida 33050
Voice: 305.289. 2500
FAX: 305.289.2536
Board of County Commissioners
Mayor Dixie Spehar, District 1
Mayor Pro Tern Charles "Sonny" McCoy, District 3
George Neugent, District 2
David Rice, District 4
Murray E. Nelson, District 5
MEMORANDUM
FROM:
Tim McGarry
DATE:
September 26, 2005
SUBJECT:
Floor Amendments to Agenda Items B-3 and B-4;
September 22, 2005, Special BOCC Meeting
The following are the floor amendments to the draft ordinances In the above agenda items
(amendments shown in an underline and strikethrough format):
o A2enda Item B-3. Section 3.. Pa2e 5
Except as defined in Policy 101.12.4, clearing of upland native vegetative areas in
the Tiers I, II, and III shall be limited for the portion of the property containing
upland native vegetation in the following percentC;lges:
Tier Permitted Clearing
I 20%~
II 40% (Big Pine Key and No Name Key)
III 40% or 3;000 s.f., whichever is greater; however, the
maximum amount of clearing shall be no more than 7,500
square feet, regardless of the amount of upland native
vegetative area.
* Palm or cactus hammock is limited to only 10%.
o A2enda Item B-4. Section 12.. Pa2e 9. 1.. Tier Desi2nation
Point Assignment: Criteria:
+0 Proposes a
dwelling unit
within areas
designated Tier I
[Natural Area] on
Big Pine Key and
No Name Name
Key.
+10 Proposes a
dwelling unit
within areas
designated Tier I
[Natural Area]
outside of Big Pine
Key or No Name
Key..
o A2enda Item B-4. Section 12. Pa2e 10. 3.. Lot A22re2ation
Point Assignment: Criteria:
+4 Each additional
contiguous vacant,
legally platted lot
which is aggregated in
a designated Tier-Il-ef
III area outside of Big
Pine Key and No
Name Key that meets
the aforementioned
requirements will earn
additional points as
specified. *
+3 Each additional
contiguous vacant
legally platted lot
which is aggregated in
a designated Tier II or
III area on Big Pine
Key and No Name
Key that meets the
aforementioned
requirements will earn
additional points as
soecified. *
o A2enda Item B-4. SectionI2.. Pa2e 11. 4.. Land Dedication
4. Land Dedication - The following points shall be assigned to allocation
applications to encourage, the voluntary dedication of vacant, buildable land within
Tier I and Tier II (Big Pine Key and No Name Key)designated areas and Tier III
Special Protection Areas for the purposes of conservation, resource protection,
restoration or density reduction and, if located in Tier III outside of Special Protection
Areas, for the purpose of providing land for affordable housing where appropriate.
.]Joillt AssJgn11lellt~. *. Criteria: *
+4 Proposes dedication to
Monroe County of one
vacant, legally platted
lot of sufficient
minimum lot size and
upland area to be
buildable. Each
additional vacant,
legally platted lot that
meets the
aforementioned
requirements will earn
.. p()ints.as.specifi~~:...
+ 1 for each 5,000 square feet oflot size Proposes dedication to
Monroe County of a
vacant, legally platted
lot of 5,000 square
feet or more in size,
designated as
Residential Low with
a maximum net density
within a Tier I area
and containing
sufficient upland area
to be buildable. Each
additional vacant,
legally platted lot that
meets the
aforementioned
requirements will earn
. p()i~ts.Has. spe~~fi~~.
+0.5 Proposes dedication to
Monroe County of one
(1) vacant, legally
+4
platted lot of at least
5,000 square feet in
size within a Tier I
area, designated as
Residential
Conservation, or
Residential Low with
no maximum net
density, containing
sufficient upland to be
buildable. Each
additional vacant,
legally platted lot that
meets the
aforementioned
requirements will earn
points. as. spec;ifie4...
Proposes dedication to
Monroe County of at
least one (1) acre of
vacant, unplatted land
located within a Tier I
area containing
sufficient upland to be
buildable. Each
additional one (1) acre
of vacant, unplatted
land that meets the
aforementioned
requirements will earn
. .....p<?i~ts...(l~..~p~c:ifi~4:..
*Excevtion:
Applications for a
dwelling unit on Big
Pine Kev and No
Name Kev shall be
awarded lJoints for
land dedication in
accordance with
Action Item 3.2.2 C of
the Livable
CommuniKevs Master
Plan for Big Pine Kev
. and If().1Va'fle.J(ey.