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01/18/1994 Workshop/Public Hearing 94/4 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Workshop/Public Hearing Board of County Commissioners Tuesday, January 18, 1994 Key Colony Beach City Hall A Workshop of the Monroe County Board of County Commissioners convened at 3:30 P.M. , with a Public Hearing immediately following at 5:01 P.M. on the above date, at Key Colony Beach City Hall. Present and answering to roll call were Commissioners Earl Cheal, Shirley Freeman, Wilhelmina Harvey, Mary Kay Reich and Mayor London. Also present were Danny L. Kolhage, Clerk; Randy Ludacer, 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. There were no Additions, Deletions, or Corrections, to the Agenda. WORKSHOP GROWTH MANAGEMENT DIVISION Attorney Robert C. Apgar discussed the progress and status of the Monroe County Comprehensive Plan Challenge process. Attorney Ralf Brooks of the law firm of Morgan & Hendrick, addressed the Board concerning the Florida Communities Trust Funding and Monroe County's grant applications. Attorney Joseph B. Allen, III, Robert C. Apgar and Ralf Brooks addressed the Board concerning the Curry Cove Lawsuit. James S. Mattson, representing George Decarion addressed the Board. Growth Management Director, Bob Herman, addressed the Board. After discussion, motion was made by Commissioner Reich and seconded by Commissioner Harvey not to appeal the decision in the Curry Cove case. Roll call vote was taken with the following results: Commissioner Cheal No 94/5 Commissioner Freeman No Commissioner Harvey Yes Commissioner Reich Yes Mayor London No Motion failed. Motion was made by Commissioner Freeman and seconded by Commissioner Cheal granting authorization the attorneys to file an appeal of the decision in the case concerning Curry Cove and at the same time explore purchasing possibilities. Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Freeman Yes Commissioner Harvey No Commissioner Reich No Mayor London Yes Motion carried. PUBLIC HEARING SIGN ORDINANCE A Public Hearing was held concerning an Ordinance amending the language of Monroe County Code Chapter 9. 5, Section 401-415, the Sign Ordinance; Providing for repeal of all Ordinances inconsistent herewith; Providing for transmittal to the Secretary of State of the State of Florida; and providing an effective date. County Attorney, Randy Ludacer read by title only. The following individuals addressed the Board: Richie Moretti, representing the Old Town Merchants; Jon Graskewicz, representing the Best Western Suites at Key Largo; Vern Pokarski, Jim Miller, Murray Shatt, Mary Ann Ganim, representing Ganim' s Kountry Kitchen Restaurant; James Marsh, representing Anchor Signs; Randall Mearns, Mary Schindler, Eugene Schinkevich, Grace Mannillo, Monica Haskell, David Ritz, Roy de Give, Bob Ernst, Marie B. Shinkevich, Lynn Bonrud, Mike Puto, Bettye Chaplin, Karen Roberts, representing the Dolphin Research Center; Bill Smith, representing the Florida Keys Contractor's Association Terry Brown, representing Wendy's Hamburgers; John Ghee, representing John D. Ghee & Company; and Sienn Lindskold. Motion was made by Mayor London and seconded by Commissioner Reich to adopt the following Ordinance, with the Sign Committee's recommendation. Said recommendation is attached hereto and made a part hereof. 94/6 Motion was made by Commissioner Cheal and seconded by Commissioner Freeman to add number nineteen (19) "Visible Neon Illumination" to the list of (B) Prohibited Signs, Page ten (10) of the proposed Ordinance. Roll call vote on the Amendment was taken with the following results: Commissioner Cheal Yes Commissioner Freeman Yes Commissioner Harvey No Commissioner Reich No Mayor London No Motion failed. Roll call vote on the original motion 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. 001-1994 See Ord. Book No. 32 which is incorporated herein by reference. Motion was made by Commissioner Freeman and seconded by Commissioner Cheal directing the County Administrator to prepare a plan for the enforcement of Monroe County's Sign Ordinance. Motion carried unanimously, with Commissioner Reich not present. DEVELOPMENT AGREEMENT ORDINANCE A Public Hearing was held concerning an Ordinance amending the Land Development Regulations (Chapter 9 . 5, Monroe County Code) by creating Code Chapter 9 . 5-101 and 9 . 5-102 , authorizing Development Agreements and providing for implementation procedures; Providing for repeal of all Ordinances inconsistent hsrewith; Providing for transmittal to the Secretary of State of the State of Florida; and providing an effective date. County Attorney, Randy Ludacer read by title only. The following individuals addressed the Board: George A. Berry, III, representing Terra Cotta Realty Company of Florida, Inc. , Dagny Johnson, representing the Upper Keys Citizens Association; George Kundtz, representing the Florida Keys Citizen's Coalition; and Sienn Lindskold. After discussion, motion was made by Mayor London and seconded by Commissioner Cheal to continue this item to the next 94/6A Motion was made by Commissioner Cheal and seconded by Commissioner Freeman to amend the proposed Ordinance, as follows: Page 21 (D) Construction and operation of Signs: (2) Licensed contractor: Delete the word "No" in the beginning of the first line of the sentence, and amend the remainder of the paragraph as follows: "Signs shall only be erected by entities authorized by Chapter 6 of the Monroe County Code. " Page 22 (4) a. Electric signs and illuminated signs: Delete the words "licensed master sign contractor" and replace with the words "sign electrician specialty contractor or master sign contractor" between the words "approved or certified by a" and "or electrical contractor" in the first sentence of the paragraph. Delete the words "a licensed master sign contractor" and replace with the words "an entity authorized to do so by Chapter 6 of the Monroe County Code and shall be" between the words "erected and installed by a" and "in conformance with the National Electrical Code, current edition. " in the second sentence of the paragraph. Add the word "or" after the words "The provision of electric service to a power source" in the third sentence of the paragraph. Delete the words "shall be performed by a licensed electrical contractor or licensed master sign contractor", in the third sentence of the paragraph. Delete the words "A- licensed sign contractor may" , in the fourth sentence of the paragraph. Change the word "connect to connection" in the fourth sentence of the paragraph. Add the word "of" after the word "connection" in the fourth sentence. Delete the words "within five (5) feet" and replace with the words "shall be by an entity authorized by Chapter 6 of the Monroe County Code at the end of the fourth sentence of the paragraph. Motion carried unanimously. 94/7 Board meeting to Tuesday, February 15, 1994 at the Key Largo Library at 5: 01 P.M. 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. FLOODPLAIN ORDINANCE A Public Hearing was held concerning an Ordinance amending the language of Monroe County Code Chapter 9. 5-315, 9. 5- 316, and 9. 5-317, The Floodplain Management Ordinance; Providing for repeal of all Ordinances inconsistent herewith; Providing for transmittal to the Secretary of the State of Florida; and providing an effective date. County Attorney, Randy Ludacer read by title only. The following individuals addressed the Board: Dagny Johnson, representing the Upper Keys Citizen's Association; George Knudtz, representing the Florida Keys Citizens Coalition, and Monica Haskell. Motion was made by Commissioner Harvey and seconded by Commissioner Freeman to adopt the following Ordinance, as amended. Said amendment as follows: Page 5 (C) (1) Rules for Interpreting Flood Hazard Issues By adding to it the following: "as adopted by resolution, from time, to time by the Board of County Commissioners. " between the words "Policy Statements and Technical Bulletins" and "Additionally, the Building Official shall also obtain, " in sentence 3 of the paragraph. Motion carried unanimously. ORDINANCE NO. 002-1994 See Ord. Book No. 32 which is incorporated herein by reference. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman to adopt the following Resolution, as amended, adopting certain FEMA Technical Bulletins, Policy Statements and Interpretive Letters; these documents will provide guidance for Monroe County's Citizens when complying with the minimum requirements of the National Flood Insurance Program. 94/8 Said amendment as follows: Page 1 In the second Whereas, by adding to it the following: "and amended Technical Bulletins dated 4/93 and numbered 1-93 through 6-93 and, " between the words "Technical Bulletins" and "contained in a booklet"; "dated November 18, 1992 under cover letter from Linda Loomis Shelly, " between the words "in a booklet titled Floodplain Management" and "and provided from the State of Florida Assistance Office" . Motion carried unanimously. RESOLUTION NO. 002A-1994 See Res. Book No. 120 which is incorporated herein by reference. MANGROVE ORDINANCE A Public Hearing was held concerning an Ordinance amending the language of Monroe County Code Chapter 9. 5-345 (m) , "Mangroves and submerged lands" ; Providing for repeal of all Ordinances inconsistent herewith; Providing for Transmittal to the Secretary of State of the State of Florida; and providing an effective date. County Attorney, Randy Ludacer read by title only. The following individuals addressed the Board: George Knudtz, representing the Florida Keys Citizens Association; Bob Ernst, and Monica Haskel. Motion was made by Commissioner Harvey and seconded by Commissioner Freeman to adopt the following Ordinance, as amended by the County Attorney. Said amendment as follows: Page 3 Sec. 9 . 5-345 (m) (6) Subpart a. by adding to it the following: 4 . Governmental Purposes Authorized by Statute Subpart b. by adding to it the following: or for properties within governmental exemption without further action, at the end of the subpart. Roll call vote was taken with the following results: Commissioner Cheal No Commissioner Freeman Yes 94/9 Commissioner Harvey Yes Commissioner Reich Yes Mayor London Yes Motion carried. ORDINANCE NO. 003-1994 See Ord. Book No. 32 which is incorporated herein by reference. There being no further business, the meeting was adjourned. Clerk to the Board of County Commissioners of Monroe County C. Isabel C. DeSantis Deputy Clerk Sec. 9 .5-404. Signs requiring a permit and specific standards (C) Signs in Commercial Areas (UC, SC, CFA, CFSD, DR, RV, MU, I, MF, and MI) : Sign allowances in commercial areas (UC, SC, CFA, CFSD, DR, RV, MU, I, MF, and MI) will be calculated based on the amount of frontage and business frontage . Ground-mounted signs may not exceed twenty four feet (24) in height . (1) Ground-mounted signs: Every commercially developed parcel of land shall be permitted the following ground-mounted signage . a. One (1) illuminated, ground-mounted sign may be allowed for frontage along a street or highway. The allowable area of the faces shall be as indicat- ed in the following table. TABLE 5-08 . 1 PERMITTED SIZE OF COMMERCIAL SIGNS PER FRONTAGE ALONG A STREET ' STREET FRONTAGE MAXIMUM AREA TOTAL (LINEAR FEET) PER FACE FACE AREA FRONTAGE ON U.S. 1 OR A FRONTAGE ROAD ADJACENT TO U.S . 1 : 1 TO 160' 60 SQ. FT. 100 SQ. FT. >160' OR <= 320' 80 " 150 > 320' 160 " 300 FRONTAGE ON COUNTY ROADS OR PRIVATE ROADS : 1 TO 160' 32 SQ. FT. 64 SQ. FT. >160' OR <= 320' 48 " 96 > 320' 64 " 128 " b. On corner lots, the occupant may be allowed either one (1) single ground-mounted sign or two (2) sepa- rate ground-mounted signs (one (1) per street front- age) provided the total sign area of both ground- mounted signs does not exceed one and ,one-half (1 . 5) times the maximum size permitted on any one (1) street frontage. c. Where a street or highway is divided as occurs on Key Largo, which results in a parcel of land in the median of the street or Page 1 of 2 5-08-===.NB/TXTFCODE 01/05/94 r 9 highway, then the property shall be considered to have a frontage on each side . d. One (1) illuminated, ground-mounted sign for each frontage not along a street may be allowed. The total allowable area of a sign shall be sixty-four (64) square feet or thirty-two (32) square feet per face. e . Service stations, convenience stores, marinas, or other facilities dispensing fuel to the public shall be allowed to add to each authorized ground-mounted sign, an additional forty (40) square feet or twenty (20) square feet per face of signage for the exclusive use of a changeable copy sign for posting fuel prices . f . A school, church, day-care center or. other similar use shall be allowed to add an additional sixty-four (64) square feet or thirty-two (32) square feet per face of signage to the ground-mounted sign for the exclusive use of a changeable copy sign. g. Individual charter boats shall be allowed a ground-mounted sign at the charter boat' s dock slip provided the sign does not exceed thirty-two (32) square feet and there is no more then one (1) fish replica. h. Drive thru or carry out services may have a sign which carries only the name of the establishment and the current list and price of goods or services available in the establishment and is not intended to be viewed from any right-of-way and provided that the sign is limited to a maximum forty (40) square feet . i Page 2 of 2 5-08-=== .NB/TXTFCODE 01/05/94