02/27/1989 Special
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Public Hearing/Special Meeting
Board of County Commissioners
Monday, February 27, 1989
Key Colony Beach
A Special Meeting/public Hearing of the Monroe
County Board of County Commissioners convened at 9:00 a.m.
on the above date at the Key Colony Beach City Hall in Key
Colony Beach. Present and answering to roll call were
Commissioner Wilhelmina Harvey, Commissioner Douglas Jones,
Commissioner John Stormont, and Mayor Michael Puto. Absent
from the meeting was Commissioner Lytton. Also present were
Danny L. Kolhage, Clerk1 Garth Coller, Assistant County
Attorney 1 Donald Craig, Director - Growth Management
Division1 members of the County Planning Staff1 members of
the Press and Radi01 and the general public.
Garth Coller, Assistant County Attorney, addressed
the Board concerning procedures and the provisions of the
law concerning those who wished to produce a record for
possible appeal.
Fred Tittle addressed the Board.
The Board publicly announced that the following
items would be considered as "Bulk Approval" items at the
end of the meeting: PD 143 - Planning Commission amendment 1
PD 144 - Planning Commission alternative1 PD l44D - Planning
Department denia11 PD l53B - Planning Department recommen-
dation1 TA 1 - Planning Commission recommendation 1 TA 2 -
Planning Commission recommendation 1 TA 3 - Planning
Commission recommendation 1 TA 4 - Planning Commission recom-
mendation1 TA 5 - Planning Commission recommendation 1 TA 6 -
Planning Commission recommendation 1 TA 7 - Planning
Commission recommendation 1 TA 8 - Planning Commission recom-
mendation1 TC 1 - Planning Commission recommendation 1 TD 1 -
Planning Commission recommendation 1 TI 1 - Planning
Commission recommendation1 TM 1 - Planning Commission recom-
mendation1 TM 2 - Planning Commission recommendation 1 TM 3 -
Planning Commission recommendation 1 TR 1 - Planning
Commission recommendation 1 TV 1 - Planning Commission recom-
mendation1 PD l6N - Negotiated1 PD 29N - Negotiated1
PD 34N - Negotiated1 PD 53N - Negotiated1 PD 59N -
Negotiated 1 PD 62N - Negotiated1 PD 64N - Negotiated1
PD 67N - Negotiated1 PD lllN - Negotiated1 PD l4lN -
Negotiated 1 PD l72N - Negotiated1 PD l77N - TWo Sections -
Negotiated 1 PD 193N - Negotiated.
MAP AMENDMENTS
Agenda Item
Applicant:
Proposed Change:
Property Location:
19
Pirates Cove Ltd.
NA/SR-L to
NA/SR
Part of Government Lot 3 and
Part of Government Lot 5,
S3l-T66-R28, Sugarloaf Key, MM 20
Jim Hendrick, attorney, addressed the Board. Donald Craig,
Planning Director, recommended SR on both sides of the road.
Motion was made by Commissioner Harvey and seconded by
Commissioner Jones to approve Staff recommendation. Motion
carried unanimously. .
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026
Agenda Item
Applicant:
Proposed Change:
Property Location:
32
T. I . P., Inc.
IS/NA/CFA to
CFSD/NA
Tract B, Cudjoe Ocean Shores,
Section 2-A, Cudjoe Key, MM 23
Motion was made by Commissioner Stormont and seconded by
Commissioner Jones to designate CFV due to the fact that
sufficient CFSD regulations were not implemented in conjunc-
tion with the CFSD designation and that Staff will include
corrections for the implementation of the CFSD district in
the next round of Map and Text Amendments. Motion carried
unanimously.
Motion was made by Commissioner Stormont and seconded by
Commissioner Jones to approve the following items by unani-
mous consent per the proposed Settlement Agreements:
Agenda Item
Applicant:
Proposed Change:
Property Location:
Proposed Change:
Property Location:
Proposed Change:
Property Location:
Proposed Change:
Property Location:
Proposed Change:
Property Location:
153
Phillip Sena
SR to
UR
North Half Lot 3, Block 10,
Stratton's Subdivision, also parcel
of submerged land in Hawks Channel,
Lower Matecumbe, MM 82
SR to
UR
Part Lot 2, Block 10,
Stratton's Subdivision,
Lower Matecumbe, MM 82
DR to
UR
Lot 1, Block 10,
Stratton's Subdivision,
Lower Matecumbe, MM 82
IS /SR to
UR
Part of Sw'ly 1/2 Lot 3, Block 10,
Lower Matecumbe, MM 82
IS to
UR
Part Lot 4, Block 10,
Stratton's Subdivision,
Lower Matecumbe , MM 82
Approve Planning Commission recommendation for
SR/IS/DR.
Agenda Item
Applicant:
Proposed Change:
Property Location:
163
Thomas Wiley and Harry Lowell
SC/IS to SC
or
SC/IS to IS
Lots 1 and 2, Part Lot 10,
Parcels A and B, Galen Beach,
Windley Key, MM 85
Approve per settlement for IS.
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027
Agenda Item
Applicant:
Proposed Change:
Property Location:
166
Samuel Jaffe
SS to
SRL
Parcels A and B, of Parts of
Government Lots 3 and 4,
S24-T63-R37,
Plantation Key, MM 86
Approve per settlement for SRL.
196
Tavernaero Airport Park, Inc.
IS to
IS/PR
Part of plat of Tavernaero known as
Community Park & Marina,
Plantation Key, MM 91
Approve per settlement for IS/PR.
Agenda Item
Applicant:
Proposed Change:
Property Loction:
Agenda Item
Applicant:
Proposed Change:
Property Location:
ENCH-l
Lujan
OS to SR
Enchanted Island,
adjacent to Raccoon Key, MM 6
Approve per settlement from OS to SR.
Agenda Item
Applicant
Proposed Change:
Property Location:
COG-l
Director of Planning
DR to UC
Part of Government Lot 1,
North of Old State Road 4A,
South of Old State Road 4A,
Key Vaca, MM 48.2
Approve per settlement from DR to UC.
Motion carried unanimously.
Agenda Item
Applicant:
Proposed Change:
Property Location:
40 (41)
Clyde Taylor
NA to
URM
Lot 63, Summerland Yacht Harbor,
Summerland Key, MM 25
Staff recommended denial. Motion was made by Commissioner
Jones and seconded by Commissioner Stormont to deny. Motion
carried unanimously.
Agenda Item
Applicant:
Proposed Change:
Property Location:
Proposed Change:
Property Location:
42
Summerland Key Properties, Inc.
NA/SS to
NA/SR
Tracts RR, 00, PP, 00, NN, MM, LL, KK,
JJ, II, HH, GG, FF, EE, DD, CC, BB, AA,
Z, Y, X, W, V, U, T, S, R, Q, P, 0, N,
M, L, K, J, I, H, G
NA/SS to
NA/SS/SR
Part Governmen t Lot 2,
RE *11455, ll450-00l
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028
Proposed Change: SS/NA to
SS
Property Location: Tract C (Center Road)
Proposed Change: NA to
SS
Property Location: Tracts B, A (Center Road)
Proposed Change: NA to
SS
Property Location: RE *114780
Summer land Key, MM 25
Motion was made by Commissioner Stormont and seconded by
Commissioner Jones to approve per the proposed settlement
with the exception of those lands purchased by the Land
Authority: 00, JJ, II, HH, GG, FF, DD, CC, BB, AA, Z, Y, X,
W, Q, P, L, K, J, I, C, Band A. Motion carried unani-
mously.
Agenda Item
Applicant:
Proposed Change:
Property Location:
63
Budd and Patricia Brothers
NA to
SS
Part Government Lot 5, Sl-T67-R29,
Big Pine Key, MM 33
Staff recommended an NA designation, subject to a possible
Boundary Determination. Motion was made by Commissioner
Stormont and seconded by Commissioner Jones to designate SS
per the proposed settlement. Motion carried unanimously.
Joe Kite addressed the Board.
Agenda Item
Applicant:
Proposed Change:
Property Location:
141
Dunsworth, Rieves, Farmer & Lindeman
SC to
SR
Lots 1-9, Matecumbe Ocean Bay,
Section 2, Lower Matecumbe, MM 77
Motion was made by Commissioner Stormont and seconded by
Commissioner Jones to designate IS as the Plan recognizes
any residential property to be replaced as a matter of right
if it existed prior to the date of the Plan. Bud Bost
addressed the Board. Motion carried unanimously.
Agenda Item
Applicant:
Proposed Change:
Property Location:
170, 171, 175, 176, 177
Robert vaughn, Robert Foley, Monty Green,
Karl Beckmeyer, William Horton
SR to
SC
Lots 1-21, Block 3, and Lots 1-19,
Block 1, Plantation Beach,
Plantation Key, MM 88
Lots 8-10, Block 3, NW'ly 300 feet
of Lot 10, Block 3, Key Heights,
Section 1, Plantation Key, MM 89
The following individuals addressed the Board concerning
these requests: Nicholas Mulick, attorney and property
owner, Lester Nieman, President of the Coral Harbor Club
Property Owners Association, Don Murray, Allen Wood, William
Horton. Motion was made by Commissioner Harvey and seconded
by Mayor Puto to approve Agenda Item 170 - Lot 16 and the
South 1/2 of Lot 15, Block 3, Plantation Beach 1 Agenda Item
175 - Lot 11, Block 3, Plantation Beach1 Agenda Item l76 -
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029
Lots 8 and 9, Block 3, Key Heights Section 11 and Agenda
Item 177 - Northeast 300 feet of Lot 10, Block 3, Key
Heights Section 1 to SC designation with the remainder to
remain SR. Roll call vote was taken with the following
results:
Commissioner Harvey
Commissioner Jones
Commissioner Stormont
Mayor Puto
Yes
No
No
Yes
Motion failed. Motion was then made by Commissioner
Stormont and seconded by Commissioner Jones to direct that
the previous ACCC be addressed by the Planning Commission
and that they make recommendation to the Board of County
Commissioners with regulations to protect the current pro-
perties as they are and a plan for the area1 to be done
under the section of the ACCC which includes a requirement
to "provide for significant development opportunities".
Motion was then made by Commissioner Jones and seconded by
Commissioner Harvey to continue to Wednesday, March 1st.
Roll call vote was unanimous.
The Board recessed for lunch.
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Motion was made by Commissioner Stormont and
seconded by Commissioner Jones to reconsider Agenda Item
153. Motion carried unanimously.
Agenda Item
Applicant:
Proposed Change:
Property Location:
Proposed Change:
Property Location:
Proposed Change:
Property Location:
Proposed Change:
Property Location:
Proposed Change:
Property Location:
153
Phillip Sena
SR to
UR
North Half Lot 3, Block 10,
Stratton's Subdivision, also parcel
of submerged land in Hawks Channel,
Lower Matecumbe, MM 82
SR to
UR
Part Lot 2, Block 10,
Stratton's Subdivision,
Lower Matecumbe, MM 82
DR to
UR
Lot 1, Block 10,
Stratton's Subdivision,
Lower Matecumbe, MM 82
IS/SR to
UR
Part of Sw'ly 1/2 Lot 3, Block 10,
Lower Matecumbe, MM 82
IS to
UR
Part Lot 4, Block 10,
Stratton's Subdivision,
Lower Matecumbe , MM 82
Motion was made by Commissioner Stormont and seconded by
Commissioner Jones to approve as UR per the proposed settle-
ment agreement. Motion carried unanimously.
Agenda Item
Applicant:
Proposed Change:
208
Tropic Vista Inc.
CFA to
SC
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030
Property Location: Lots 8 and 9, Block 1,
Boatman's Colony,
Plantation Key, MM 91
and
Agenda Item
Applicant:
Proposed Change:
Property Location:
209
Nicholas and Nancy Mulick
CFA to
SC
Lots 10, 11, Block 1,
Boatman's Colony,
Plantation Key, MM 91
Motion was made by Commissioner Stormont and seconded by
Commissioner Harvey to approve per the proposed settlement
agreement. Motion carried unanimously.
Agenda Item
Applicant:
Proposed Change:
Property Location:
Proposed Change:
Property Location:
180
Josephine Woods
IS to SR
Randall Adams, Lot 6, Lot 5, Part of
Lot 7, Plantation Key, MM 89
UR to SC
Randall Adams, Part of Lot 9,
Plantation Key, MM 89
Josephine Wood addressed the Board. The Planning Director
advised that it was the Staff's recommendation to designate
IS with SC to part of Lot 9, Randall Adams. Danny Reich and
Wayne Gaskin addressed the Board. Motion was made by
Commissioner Jones and seconded by Commissioner Stormont to
deny the request concerning Lots 5 and 6 and part of Lot 7
and to approve the designation of SC for part of Lot 9.
Roll call vote was unanimous.
Agenda Item
Applicant:
Proposed Change:
Property Location:
267
Fredi, Cynthia and
Stephen Kapelow
Port. B. DRI
Resolution to IS
Lots 1-5, Block 4, Key Largo City
Garden Cove Plat iI, Lots 3-8,
Block 6, Key Largo City Plat i2,
North Key Largo, State Road 905
Michael Halpern, attorney representing Mr. Kapelow,
addressed the Board. Motion was made by Commissioner
Stormont and seconded by Commissioner Harvey to approve IS
designation. During discussion, motion was withdrawn.
Michael Chenoweth, attorney representing Friends of the
Everglades, the Izaak Walton League and the Upper Keys
Citizens Association addressed the Board. Mr. Halpern made
an objection to Mr. Chenoweth's references to the land being
placed on the C.A.R.L. list for acquisition. Garth Coller,
Assistant County Attorney, advised the Commission that they
should ignore any references to that fact in their con-
sideration of this matter. Motion was made by Commissioner
Harvey and seconded by Commissioner Jones to approve IS
designation. Roll call vote was taken with the following
results:
Commissioner Harvey
Commissioner Jones
Commissioner Stormont
Mayor Puto
Yes
Yes
No
Yes
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Motion carried.
Commissioner Stormont requested that the County
Attorney place on the Agenda for the next Board of County
Commissioners meeting a proposed action to void Resolution
Nos. 277-1982, 217-1984 as amended by 272-1984.
Agenda Item
Applicant:
Proposed Change:
Property Location:
JHT-l
JHT, Inc.
NA to
IS
J.H.T. Subdivision,
North Key Largo, MM 106
Staff recommended IS. Fred Tittle, Michael Chenoweth and
Bud Post addressed the Board. Motion was made by
Commissioner Stormont and seconded by Commissioner Jones to
designate IS per the settlement agreement. Roll call vote
was unanimous. Mr. Chenoweth addressed the Board and
objected to non-public meetings being conducted with Staff,
applicants, and the Department of Community Affairs. B. W.
West, attorney, objected to those statements.
BULK APPROVAL
Motion was made by Commissioner Stormont and
seconded by Commissioner Jones to adopt the following items
by unanimous consent:
PD 143 Amending Section 9.5-49l(g)(1), Monroe County Code,
in order to provide for inclusion of local road improvements
serving the proposed development and other properties as
eligible for credit to the payment of the Fair Share
Transportation Impact Fees1 TO READ AS FOLLOWS:
"(g) Credits to the Fair Share
Transportation Fee.
(1) The County Planning Director shall
grant a credit against any "Fair Share
Transportation Fee" imposed by this
section upon any new land development
activity generating traffic where the
person initiating the land development
activity has entered into an agreement
with the County to construct capital
roadway improvements which expand the
County's major road network or local
road serving the proposed development
and other properties by providing roadway
improvements that are consistent with the
Comprehensive Plan. A credit equal to
the dollar value of the capital road
improvement in the agreement shall be
provided. No credit shall exceed the
"Fair Share Transportation Fee" imposed
by this section for the proposed land
development activity."
Accept Planning Commission's recommendation for
approval with a modification to delete everything from the
word "serving" after the word "road" in the thirteenth line
above to the end of that sentence and insert in lieu thereof
the words "providing access to"1 and insert the word
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032
"nearby" between the word "other" and the word "properties"
in the fourteenth line above.
PD 144 Amending Section 9.5-49l(i)(3)(a), Monroe County Code
in order to provide for amendment of the regulation per-
taining to the expenditure of fair share fees in trust
accounts to allow commitment of some of these funds for
improvements to US 1 and Card Sound Road, this amount to be
determined upon the annual capital facilities report and
consistent with the capital facilities improvements element
of the Comprehensive Plan1 TO READ AS FOLLOWS:
"(3) Expenditure of fair share fees and
trust accounts:
a. Proceeds from the trust accounts
shall, in all cases, be used in accordance
with Contractors and Builders Association
of Pinellas County v. City of Dunedin,
329 So. 2d 314 (Fla 1976)1 Home Builders
and Contractors Association of Palm Beach
County v. Board of County Commissioners
of Palm Beach County, 446 So. 2d 140
(Fla App. DCA 1943), and exclusively for
capital expansion of the county's major
road network system and, except as further
set forth herein, in the capital improve-
ments plan of the comprehensive plan. A
percentage of the subdistricts' funds may
be spent each year, county-wide on US 1
and Card Sound Road. The amount of that
percentage shall be determined annually
in the capital facilities report pursuant
to Section 9.5-292(b)(3), Monroe County
Code. All expenditures from the trust
fund shall also be made in a manner
consistent with the public (capital)
improvement element of the comprehensive
plan. "
Accept Planning Commission's recommendation for
approval as amended:
"Proceeds for each account shall be used
exclusively for the capital expansion of
the county's major road network system
in the subdistricts from which the monies
have come, with the exception that a
portion of the funds from each district
may be allocated to projects outside of
the subdistrict, on U.S. 1, Card Sound
Road and C-905 in Key Largo, and the
proceeds are used in a manner consistent
with the capital improvements plan of the
comprehensive plan."
PD l44D Amending Section 9.5-495, Monroe County Code,
in order to provide for the reevaluation of the Fair Share
Police Facilities Impact Fee, to add an unpaid fee for fire
equipment and manpower, hospitals, schools, and hurricane
shelters1 TO READ AS FOLLOWS:
No wording provided.
Accept Staff's recommendation for denial.
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033
PD l53B Amending Section 9.5-52l(e), Monroe County Code,
in order to provide for hearing of an appeal by either
Planning Commission or Board of County Commissioners at a
Public Hearing1 TO READ AS FOLLOWS:
"(e) Action of the commission or board.
The planning commission or board of county
commissioners shall consider the appeal at
a duly called public hearing following
receipt of all records concerning the
subject matter of the appeal. Any person
entitled to intiate an appeal may have an
opportunity to address the commission or
boards at that meeting and argument shall
be restricted to the record below except
that a party appealing an administrative
decision, determination or interpretation
shall be entitled to present evidence and
create a record before the planning
commission1 any appeals before the county
commission shall be based upon and
restricted to the record."
Accept Planning Department's recommendation for
approval.
TA 1 Amending 9.5-4, Monroe County Code,
in order to provide for a definition of AICUZ (Air
Installation Compatible Use Zones)1 TO READ AS FOLLOWS:
"(A- ) AICUZ (Air Installations
Compatible Use Zones) means a program to
protect the public's safety, health and
welfare while forestalling degradation to
the operational capability of military
air installations. The main intent of
the AICUZ program is to ensure that
development of surrounding lands will be
compatible with the noise levels and
accident potential associated with airport
operations."
Accept Planning Commission's recommendation for
approval.
TA 2 Amending Section 9.5-4, Monroe County Code,
in order to provide for a definition of Aircraft1 TO READ AS
FOLLOWS:
"(A- ) Aircraft means any motor
vehicle or contrivance now known, or
hereafter invented, which is used or
designed for navigation of or flight in
the air, except a parachute or other
contrivance designed for such navigation
but used primarily as safety equipment."
Accept Planning Commission's recommendation for
approval.
TA 3 Amending Section 9.5-4, Monroe County Code,
in order to provide for a definition of Airport1 TO READ AS
FOLLOWS:
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034
"(A- Airport means any area of land
or water, or any man-made object or
facility located thereon, which is used,
or intended for use, for the landing and
takeoff of aircraft, and any appurtenant
areas which or used, or intended for use,
for airport buildings or other airport
facilities or rights-of-way, together
with all airport buildings and facilities
located thereon. There are both public
and private airports which are
differentiated as follows:
(a) Public Airport is publicly or
privately owned, meets minimum
safety and service standards and
is open for use by the public.
(b) Private Airport means an airport,
publicly or privately owned, which
is available for use by invitation
of the licensee. Services may be
provided if authorized by the
Florida Department of Transportation."
Accept Planning Commission's recommendation for
approval.
TA 4 Amending Section 9.5-4, Monroe County Code,
in order to provide for a definition of Airport Elevations 1
TO READ AS FOLLOWS:
"(A- ) Airport elevations shall mean
the highest point of an airport's useable
landing area measured in feet above mean
sea level."
Accept Planning Commission's recommendation for
approval.
TA 5 Amending Section 9.5-4, Monroe County Code,
in order to provide for a definition of Airport Hazard1 TO
READ AS FOLLOWS:
"(A- ) Airport Hazard means any
structure, object, or natural growth, or
use of land which obstructs the airspace
required for the flight of aircraft in
landing or taking off at an airport or
which is otherwise hazardous to such
landing or taking off."
Accept Planning Commission's recommendation for
approval.
TA 6 Amending Section 9.5-4, Monroe County Code,
in order to provide for a definition of Airport Height1 TO
READ AS FOLLOWS:
"(A- Airport Height means the
vertical distance from mean sea level
(MSL) for the purpose of determining
the limit in all zones set forth in
the airport district unless otherwise
specified."
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035
Accept Planning Commission's recommendation for
approval.
TA 7 Amending Section 9.5-4, Monroe County Code,
in order to provide for a definition of Airspace Obstruction
Height1 TO READ AS FOLLOWS:
"(A- ) Airspace Obstruction Height
shall mean the maximum vertical elevation
of the highest part of any object or
structure, including mechanical equipment,
chimneys, spires, steeples, radio or
television antenna, flag poles, solar
apparatus, utility poles, and trees or
landscaping with respect to the nearest
airport runway threshold elevation."
Accept Planning Commission's recommendation for
approval.
TA 8 Amending Section 9.5-4, Monroe County Code,
in order to provide for a definition of Airport Overlay
Zone 1 TO READ AS FOLLOWS:
"(A- Airport Overlay Zone means
that zone which extends above and beyond
immediate airport property boundaries and
is defined in this chapter for public,
private and military airports."
Accept Planning Commission's recommendation for
approval.
TC 1 Amending Section 9.5-4, Monroe County Code,
in order to provide for a definition of Control Zone1 TO
READ AS FOLLOWS:
"(C- Control Zone means the airspace
extending upward from the surface of the
earth which may include one or more
airports and is normally a circular area
of five (5) statute miles in radius, with
extensions where necessary to include
instrument approach and departure paths."
Accept Planning Commission's recommendation for
approval.
TD 1 Amending Section 9.5-4, Monroe County Code,
in order to provide for a definition of Decision Height1 TO
READ AS FOLLOWS:
"(D- Decision Height means the
height at which a decision must be made,
during ILS instrument approach, to either
continue the approach or to execute a
missed approach."
Accept Planning Commission's recommendation for
approval.
TI 1 Amending Section 9.5-4, Monroe County Code,
in order to provide for Instrument RunwaY1 TO READ AS
FOLLOWS:
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036
"(I- Instrument Runway means a
runway having an existing instrument
approach procedure utilizing air
navigation facilities or area-type
navigation equipment, for which an
instrument approach procedure has been
approved or planned."
Accept Planning Commission's recommendation for
approval.
TM 1 Amending Section 9.5-4, Monroe County Code,
in order to provide for definition of Minimum Descent
Altitude1 TO READ AS FOLLOWS:
"(M- ) Minimum Descent Altitude means
the lowest altitude, expressed in feet
above mean sea level, to which descent
is authorized on final approach or during
circle-to-land maneuvering in execution
of a standard instrument approach procedure,
where no electonic glide scope is provided."
Accept Planning Commission's recommendation for
approval.
TM 2 Amending Section 9.5-4, Monroe County Code,
in order to provide for a definition of Minimum Enroute
Altitude1 TO READ AS FOLLOWS:
"(M- ) Minimum Enroute Altitude means
the altitude in effect between radio fixes
which assures acceptable navigational
signal coverage and meets obstruction
clearance requirements between those fixes."
Accept Planning Commission's recommendation for
approval.
TM 3 Amending Section 9.5-4, Monroe County Code,
in order to provide for a definition of Minimum Obstruction
Clearance 1 TO READ AS FOLLOWS:
"(M- Minimum Obstruction Clearance
Altitude means the specified altitude in
effect between radio fixes on VOR airways,
off-airway routes or route segments which
meets obstruction clearance requirements
for the entire route segment and which
assures acceptable navigational signal
coverage only within twenty-two (22)
miles of a VOR. II
Accept Planning Commission's recommendation for
approval.
TR 1 Amending Section 9.5-4, Monroe County Code,
in order to provide for a definition of RunwaY1 TO READ AS
FOLLOWS:
"(R- ) Runway means a defined area on
an airport prepared for landing and
take-off of aircraft along its length."
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037
Accept Planning Commission's recommendation for
approval.
TV 1 Amending Section 9.5-4, Monroe County Code,
in order to provide for a definition of Visual Runway 1 TO
READ AS FOLLOWS:
"(V- ) Visual Runway means a runway
intended solely for the operation of
aircraft using visual approach procedures,
with no straight-in instrument approach
procedure and no instrument designation
indicated on a FAA-approved airport
layout plan, a military services-approved
military airport layout plan, or by any
planning document submitted to the FAA
by competent authority."
Accept Planning Commission's recommendation for
approval.
PD l6N Amending Section 9.5-4(B-5), Monroe County Code,
in order to provide for a definition of Shopping Center1
TO READ AS FOLLOWS:
"Shopping Center shall mean a group of
commercial retail and/or professional
services establishments, planned,
developed and managed as a unit, with
off-street parking provided on the
property."
Accept Negotiated Amendment.
PD 29N Amending Section 9.5-43, Monroe County Code,
in order to provide for an applicant seeking development
approval an opportunity for a preapplication conference with
the development review coordinator1 and creating Section
9.5-34(C)(2)c in order to provide that an applicant for
development approval may attend the meeting of the develop-
ment review committee when his project is considered1 TO
READ AS FOLLOWS:
"Sec. 9.5-43 Preapplication conference.
An applicant for development approval may
request in writing a preapplication
conference with the development review
coordinator.
Sec. 9.5-l4(c)(2)c Any action reviewing
a permit application shall not preclude
the applicant's right to be present when
his project is discussed before this body."
Accept Negotiated Amendment.
PA 34N Amending Section 9.5-68 and 9.5-69, Monroe County
Code, in order to provide for the mailing of notice by the
Planning Director to property owners within 300 feet of the
site of a Minor Conditional Use on the date such use is
granted 1 amending Section 9.5-69(d) in order to provide for
the mailing of notice by the Planning Director to property
owners within 300 feet of the site of a Major Conditional
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038
Use within 15 days of the granting of such a use1 amending
Section 9.5-69(e), Monroe County Code, in order to provide
certain modified procedures for appeals from the grant of
Major Conditional Uses 1 TO READ AS FOLLOWS:
"Section 9.5-68(d) ...Notice by the
Planning Director shall be by regular
mail on the day of the granting of the
Minor Conditional Use.
Section 9.5-69(d) ...Notice by the
Planning Director shall be by regular
mail within 15 days of the granting of
the Major Conditional Use.
Section 9.5-69(e) All development orders
issued by the planning commission in
regard to an application for a major
conditional use permit shall be placed on
a consent agenda at the next regularly
scheduled meeting of the board of county
commissioners following expiration of a
period of thirty (30) days beginning
upon the sending of notice by the
Planning Director.
Section 9.5-69(e) If the applicant, an
adjacent property owner, or any aggrieved
or adversely affected person, as defined
by section 163.3215 (2) Florida Statutes
(1985), or any person who presented
testimony or evidence at the public
hearing conducted pursuant to subsection
(c), requests an appeal within thirty
(30) days after mailing of notice by the
Planning Director, or if a majority of
the board of county commissioners votes
to remove a development order from the
consent agenda, the board of county
commissioners shall consider the
development order on the record
established before the planning
commission, at a public hearing not later
than seventy-five (75) days from the da'te
of mailing of notice by the Planning
Director."
Accept Negotiated Amendment.
PD 53N Amending Section 9.5-245 SNF 9.5-247, Monroe County
Code, in order to provde for the repeal of Section
9.5-245(b)(2), Monroe County Code, and the creation of
Section 9.5-245(c), Monroe County Code, permitting as
major conditional uses in commercial fishing areas, which
meet certain development standards, various commercial uses
including but not limited to charters, restaurants, dive
shops and marinas1 providing that the aforesaid commercial
uses may be permitted as major conditional uses in Commer-
cial Fishing Special Districts Nos. 1, 3, 5, 6, 8, 13, 14,
and 151 TO READ AS FOLLOWS:
"Section 9.5-l45(b)(2), Monroe County
Code, is hereby repealed.
Section 9.5-245(c), Monroe County Code,
is hereby amended to read as follows:
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039
(c) The following uses are permitted as
major conditional uses in the Commercial
Fishing Area District:
(1) Commercial retail and offices of low
and medium intensity provided that the
goods and services are related to as
supportive of the Commercial Fishing
Industry, such as but not limited to:
Commercial Fishing Chartering
restaurants
dive shops
marinas, provided that:
a. The parcel proposed for development
has access to water at least four (4) feet
below mean sea level at mean low tide1
b. The sale of goods and services is
limited to fuel, fooQ, boating, diving and
sport fishing products1
c. Vessels docked or stored shall not be
used for liveaboard purposes, except when
individual or community pump-out facilities
are provided 1
d. All outside storage areas are screened
from adjacent uses by a solid fence, wall
or hedge at least six (6) feet in height1
and
e. The parcel proposed for development
is separated from any established
residential use Class D bufferyard.
Such uses shall be considered ancillary to
the existing principal commercial fishing
use, and shall only be allowed so long as
the principal fishing use remains."
Accept Negotiated Amendment.
PD 59N Amending Section 9.5-236(b)(5), Monroe County Code,
in order to provide for the creation of Section 9.5-236,
Monroe County Code, in order to permit all Houses of Worship
as major conditional uses in Suburban Residential Districts
if certain development standards can be met1 TO READ AS
FOLLOWS:
"(5) Churches, Synagogues, and Houses of
Worship, provided that:
a. The parcel proposed for development
is separated from any established
residential uses by a Class C bufferyard,
and
b. Access to U.S. 1 is by way of:
1. An existing curb cut, or
2. A signalized intersection, or
3. A curb cut that is separated
from any other curb cut on the same
side of U.S. 1 by at least four
hundred (400) feet."
Accept Negotiated Amendment.
PD 62N Amending Section 9.5-242, Monroe County Code,
in order to provide for the removal of Section 9.5-242's
subsection on Marinas [(b)(2)] in its entirety.
Accept Negotiated Amendment.
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040
PD 64N Amendin~ Section 9.5-249(c), Monroe County Code,
in order to prov1de for the clarification that mar1nas,
resource extraction and heavy industrial uses are permitted
in Industrial Districts subject to the standards and proce-
dures of Sections 9.5-61, Monroe County Code, through
9.5-71, Monroe County Code1 TO READ AS FOLLOWS:
"(c) The following uses are permitted as
major conditional uses in the Industrial
District, subject to the standards and
procedures set forth in article III,
division 3:"
Accept Negotiated Amendment.
PD 67N Amending Section 9.5-262, Monroe County Code,
in order to provide for new Section 9.5-4(0-08), Monroe
County Code, creating a definition of Offshore Spoil Islands
which shall mean a man-made island of dredge or spoil
exising where no natural island previously existed1 amending
Section 9.5-262, Monroe County Code, in order to provide
offshore spoil islands with an allocated density of.lO, a
maximum net density of 2.0 and an open space ratio of .601
TO READ AS FOLLOWS:
"Section 9.5-4 (0-8) Offshore Spoil
Island means a man-made island created by
the placement of fill or dredge spoil in
submerged islands where previously there
was no land or wetland vegetation, and
which was existing prior to the enactment
of this chapter."
Accept Negotiated Amendment.
PD lllN Amending Section 9.5-375, Monroe County Code,
in order to provide for allowance for the construction of
fences within required bufferyards in limited circumstances1
TO READ AS FOLLOWS:
"No structure or land which abuts U.S. 1,
905, or 940, a boundary between two (2)
different land use districts or fronts on
a major street shall hereafter be
developed, used or occupied unless a
scenic corridor or bufferyard is provided
in accordance with the requirements of
this division. No structure other than a
fence shall be placed within a required
bufferyard1 provided that where there is
existing native vegetation which will
provide for a bufferyard, no clearing
will be permitted for the installation
for a fence."
Accept Negotiated Amendment.
PD l4lN Amending Section 9.5-263 and 9.5-264, Monroe
County Code, in order to provide for the removal of the con-
tiguous lots rule and to allow one dwelling unit to be
constructed on each Improved Subdivision and Urban
Residential Mobile Home zoned 10t1 TO READ AS FOLLOWS:
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"Sec. 9.5-263. Improved Subdivision and
Commercial Fishing Village
District densities.
Notwithstanding the density limitations of
Section 9.5-262, the owner of a lot in an
Improved Subdivision District or Commercial
Fishing Village District shall be entitled
to develop a single-family detached
dwelling on the lot, provided that:
(a) The lot has sufficient land area and
dimensions to meet the requirements
of chapter 10D-6, Florida Admin-
istrative Code, for the installation
of on-site wastewater treatment
systems 1
(b) The lot was a lawful buildable lot
eligible for a building permit on
the effective date of this chapter 1
and
(c) The development of a single-family
detached dwelling on the lot conforms
to each and every other requirement
of the plan.
Sec. 9.5-264. Urban Residential Mobile
Home District density.
Notwithstanding the density limitations
of Section 9.5-262, the owner of a lot in
an Urban Residential Mobile Home District
shall be entitled to develop a single-
family detached dwelling on the lot,
provided that:
(a) The lot has sufficient land area and
dimensions to meet the requirements
of chapter 10D-6, Florida Admin-
istrative Code, for the installations
of on-site wastewater treatment
systems 1
(b) The lot was a lawful buildable lot
eligible for a building permit on
the effective date of this chapter 1
and
(c) The development of a single-family
detached dwelling on the lot conforms
to each and every other requirement
of the plan."
Accept Negotiated Amendment.
PD172N Amending Section 9.5-268, Monroe County Code,
in order to provide for the allowance of one dwelling unit
per unit (in existence at the time of the plan) to replace
either a dwelling unit or mobile home used as a lawful prin-
cipal residence prior to the effective date of the plan1 TO
READ AS FOLLOWS:
"Section 9.5-268 Existing Residential
Dwellings
Notwithstanding the provisions of sections
9.56-262 and 9.5-263, the owners of land
upon which a dwelling unit or a mobile home
used as a principal residence prior to the
effective date of the plan and was lawful
on the effective date of the plan and was
lawful on the effective date of this
chapter, shall be entitled to a density
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042
allocation of one (1) dwelling unit for
each such unit in existence on the effect-
ive date of this chapter. (Ord. No.
33-1986)"
Accept Negotiated Amendment.
PD177N Amending Section 9.5-4, Monroe County Code,
in order to provide for text which reflects the allowance of
subdivisions created by metes and bounds descriptions in the
Improved Subdivision District1 TO READ AS FOLLOWS:
"Improved Subdivision means lots in sub-
divisions that were lawfully established
and improved prior to the adoption of
these regulations or three or more
contiguous improved parcels each less than
15,000 square feet in size which had been
created by metes and bounds prior to the
adoption of these regulations. For
purpose of this section improved lots and
parcels are those that have a dedicated
and accepted existing road of porous or
nonporous material, that have a Florida
Keys Aqueduct-approved water supply and
sufficient upland to accommodate the
proposed use in accordance to the required
setbacks."
Accept Negotiated Amendment.
and
PD l77N Amending Section 9.5-213, Monroe County Code,
in order to provide for text which reflects the allowance of
subdivisions created by metes and bounds descriptions in the
Improved Subdivision District1 TO READ AS FOLLOWS:
"The purpose of the Improved Subdivision
(IS) district is to accommodate the
legally vested development rights of the
owners of lots in subdivisions that were
lawfully established and improved prior
to the adoption of these regulations or
three or more contiguous improved parcels
each less than 15,000 square feet which
had been created by metes and bounds
prior to the adoption of these regulations.
For the purpose of this section, improved
lots are those which are served by a
dedicated and accepted existing road of
porous or nonporous material, that have a
Florida Keys Aqueduct Authority-approved
potable water supply, and that have
sufficient uplands to accommodate the
proposed use in accordance with the
required setbacks."
Accept Negotiated Amendment.
PD 193N Amending Section 9.5-262 and 9.54(R-4), Monroe
County Code, in order to provide for an amended definition
of Recreational Vehicles (to differentiate them from Mobile
Homes) and to change the density limits from 15.0 to 20.01
TO READ AS FOLLOWS:
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043
"(R-4) Recreational Vehicle means a
vehicle or portable structure built on a
chassis and designed as a dwelling for
travel, recreation or vacation for
tenancies of less than six (6) months 1
which has a transportable body width not
exceeding eight (8) body feet and a
length not exceeding thirty-five (35)
feet1 and which does not qualify as a
mobile home and:
(1) The travel trailer or park trailer
has been placed in a travel trailer park,
campground or a storage yard1
(2) The travel trailer or park trailer
has current licenses required for highway
travel 1 and
(3) The travel trailer or park trailer
is highway ready. This means that the
travel trailer or park trailer is on its
wheels or internal jacking system and
attached to its site only by the quick
disconnect type utilities commonly used
in campgrounds and trailer parks or by
security devices. No permanent additions
such as Florida Rooms shall be permitted."
Accept Negotiated Amendment.
Motion carried unanimously.
Howard Tupper, Development Review Coordinator,
briefly discussed the back-up days.
PD l54A Amending Section 2-l09(B)(5), Volume II, Monroe
County Code, in order to provide for the Code to reflect
that development within sight of the u.s. 1 and County Road
905 corridor should be "restricted" 1 the current standard
"prohibited" is impossible1 TO READ AS FOLLOWS:
"5. To restrict development that is
disruptive of the natural horizon of
long, or visible from, the u.s. 1 and
county road 905 corridors."
The following individuals addressed the Board: Andy Tobin,
Lloyd Johnson, George Kundtz, Al Fried, Jim Lewis, Derek
Palmer, Prudence Fleming. Motion was made by Commissioner
Harvey and seconded by Commissioner Jones to adopt. Roll
call vote was unanimous.
PD 155 Amending Volume II, Chapter X, 3, Page 237, Monroe
County Code, in order to provide for an exception to the
maximum net density limitations in areas of critical county
concern in order to transfer density from more to less sen-
sitive land to intensify clustering1 TO READ AS FOLLOWS:
"...In order to encourage the development
of scarified and disturbed lands while
preserving natural or undisturbed lands
and in order to provide maximum flexibility
in the exercise of private property rights,
the Plan provides for a program of
transferable development rights. The
transerable development rights program
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044
provides that all residential development
rights allocated under the plan shall be
severable from the parcel of land to which
they are allocated and shall be transferable
to any other parcel of land of equal to or
greater allocated density. In the case of
areas of critical county concern,
development can be transferred to areas
of equal or less sensitivity, as shown in
Section 9.811 A, Clustering, provided that
the maximum net density permitted in the
land use district in which the receiving
parcel of land is located is not exceeded
except when necessary for the protection
of sensitive areas of critic~l county
concern."
Ken Metcalf of DCA and George Kundtz of the Florida Keys
Citizens Coalition addressed the Board. Motion was made by
Commissioner Stormont and seconded by Commissioner Harvey to
approve amended as follows: delete "Section" 9.811 A" and
insert in lieu thereof "Section 9.5-345(a)"1 insert a period
after the word "exceeded" in the third line from the bottom
above and delete everything thereafter. Roll call vote was
taken with the following results:
Commissioner Harvey
Commissioner Jones
Commissioner Stormont
Mayor Puto
Yes
No
Yes
Yes
Motion carried.
PD 157 Amending Volume II, Chapter VI, Pages 136-146,
Monroe County Code, in order to provide for bringing into
conformity with the Land Use Regulations and to eliminate
undue hardship brought by winds and flood disaster1 TO READ
AS FOLLOWS:
No wording provided.
The following persons addressed the board: Al Fried, Andy
Tobin, Jim Lewis, Maggie Fried. Staff recommended denial
due to insufficient detail information being provided by the
applicant and, further, that these matters would be
addressed in the work being done for the Chapter 163 sub-
mission. Motion was made by Commissioner Jones and seconded
by Commissioner Stormont to accept Staff recommendation for
denial. Roll call vote was taken with the following
results:
Commissioner Harvey
Commissioner Jones
Commissioner Stormont
Mayor Puto
Yes
Yes
Yes
No
Motion carried.
PD 158 Amending Volume II, Chapter X, Section C, 14 Monroe
County Code, in order to provide for revision of the proce-
dures for amending the Florida Keys Comprehensive Plan to
require the Planning Commission and the Board of County
Commissioners to conduct their hearings according to F.S.
163.3184(15)1 to require the Board of County Commissioners
to consider the current capital facilities and consistency
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045
with F.S. 380.0552(7)(a)-(h) in adopting changes to the
Plan1 to require a majority vote of the total Board mem-
bership in order to adopt an amendment to the Plan.
Motion was made by Commissioner Stormont and seconded by
Commissioner Jones to postpone this proposed amendment to be
heard with 9.511 on February 28th. Motion carried unani-
mously.
PD 159 Amending Chapter II Section 3-l09(B)(5) and (6),
(P.12), Volume II, Monroe County Code, in order to provide for
flexibility in permitting development to exceed the height
limitation to the natural horizon where deemed appropriate
in the interest of public welfare1 TO READ AS FOLLOWS:
"B. POLICIES
1. To prohibit development which would
result in an undesirable change in
the community character of a
planning area.
2. To encourage development that will
improve the community character of
a planning area.
3. To require that the design of new
development be compatible with the
scale, mass, and height of the
natural Florida Keys landscape.
4. To establish and promote a scenic
corridor along u.S. 1 and County
Road 905.
5. To restrict development that is
disruptive of the natural horizon
along, or visible from, the u.S. 1
and County Road corridors.
6. To restrict, to the maximum extent
practicable consistent with
elevation requirements to protect
life and property, the heights of
all structures to the horizon
defined by natural vegetation."
George Kundtz of the Florida Keys Citizens Coalition, Andy
Tobin and Jim McElroy addressed the Board. After
discussion, the Planning Director withdrew the proposed
amendment.
PD 160 Amending Volume II, Chapter IV, Page 26, First
Paragraph, Monroe County Code, in order to provide for
requirement of all commercial, industrial and multi-family
residential developments to include affordable and employee
housing or the developers of such projects to contribute to
an impact fee trust fund1 TO READ AS FOLLOWS:
"2. To require that the developers of all
commercial, industrial, or multi-family
projects make provision for the adequate
housing of some or all of the employees
of the development or to pay an adequate
fee into an Affordable and Employee
Housing Trust Fund."
Motion was made by Commissioner Jones and seconded by
Commissioner Stormont to accept the Planning Department's
recommendation for approval. Motion carried unanimously.
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046
PD 16l Amending Volume II, Chapter IV, Paragraph 5, Page
28, Monroe County Code, in order to provide for maximum net
density in the Suburban Residential and Urban Residential
Land Use Districts if restrictions are met, including the
changed and new requirement that affordable housing be so
held and operated for 20 years, that availability of affor-
dable housing is controlled by a recorded restrictive cove-
nant, that such land parcels comply with FAC Chapter 10D-6,
and that maximum net density increases will be allowed in
other Land Use Districts for projects combining market rate
dwelling and affordable housing dwelling units.
Motion was made by Commissioner Jones and seconded
by Commissioner Harvey to postpone until March 21st. Motion
carried unanimously.
PD 162 Amending Volume II, Page 28, Paragraph 6, Monroe
County Code, in order to provide for the development of
employee housing for commercial and multi-family projects in
SR, MU, MI, CF, UC, SC, DR, I and UR in excess of the maxi-
mum net density or temporary residential units with special
exceptions to other Land Use Regulations and Plan provided
that a percentage of units beyond the as-of-right density
allocation are reserved for employee housing for 20 years.
Motion was made by Commissioner Jones and seconded
by Commissioner Harvey to postpone until March 21st. Motion
carried unanimously.
PD 163 Amending Volume II, Chapter X, Section A,4, Monroe
County Code, in order to provide for the inclusion of
employee housing in the specific implementation programs
that are essential to the effectiveness of the Comprehensive
Plan and expanding density houses to be in addition to the
general framework of permitted maximum net densities.
Motion was made by Commissioner Jones and seconded
by Commissioner Harvey to postpone until March 21st.
Msotion carried unanimously.
Motion was made by Commissioner Harvey and seconded
by Commissioner Stormont to continue to February 28th all
unfinished business originally scheduled for this meeting.
Motion carried unanimously.
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DLK/c