02/28/1989 Public Hearing
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047
Public Hearing/Special Meeting
Board of County Commissioners
Tuesday, February 28, 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
Rosalie L. Connolly, Deputy Clerk; Garth Coller, Assistant
County Attorney; Donald Craig, Director - Growth Management
Division; members of the County Planning Staff; members of
the Press and Radio; 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.
Donald Craig, Division Director/Growth Management,
addressed the Board concerning the process to be followed in
the Amendment Hearings.
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The Board publicly announced that the following
items would be considered as "Bulk Approval" items at the
end of the meeting...all accepted as recommended by the
Planning Commission for approval: STM 1, 3, 4, 5, 6, 7, 8,
10, 13, 15, 17, 18, 19, 20, 21, 22, 23, 25, 26., 27, 28, 29,
30, 31, 34, 35, 36, 37, 40, 41, 43, 44, 45, 46, 47, 48, 50,
51, 52, 54, 56, 57, 58, 59, 60, 61, 62, 64.
STM 2 Amending Section 9.5-4(A- ), Monroe County Code,
in order to provide for a definition of Agricultural Lands
which shall mean lands so classified in accordance with
Section 193.461, F.S.; TO READ AS FOLLOWS:
"Agricultural Lands: Lands classified as
agricultural by the Monroe County Property
Appraiser in accordance with Section
193.461, F.S., for agricultural uses,
including forest management."
Motion was made by Commissioner Stormont and seconded by
Commissioner Jones to accept the Planning Commission's
recommendation for approval but to amend as follows: change
the period at the end of the sentence to a comma and insert
the following: "and agricultural uses under the
Comprehensive Plan." Motion carried unanimously.
STM 9 Amending Section 9.5-4(C- ), Monroe County Code,
in order to provide a definitnion of Cut and Fill which
shall mean removal of soil or sediment from one to another
location; TO READ AS FOLLOWS:
"Cut and Fill: Removal of soil or sed-
iment by any means from one area and
deposition of said soil or sediment in
another area. Also, the removal of
sediment from one area and deposition
of new soil in that area."
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Motion was made by Commissioner stormont and seconded by
Commissioner Jones to accept the Planning Commission's
recommendation for approval but to amend so as to read as
follows:
"Cut and Fill: Removal of surface and
sub-surface materials by any means from one area
and deposition of said materials in another area. Also, the
removal of surface and sub-surface materials from one area
and deposition of materials in that area."
Motion carried unanimously.
STM 11 Amending Section 9.5-4(D- ), Monroe County Code,
in order to provide for a definition of Discharge, Direct
which shall mean discharge stormwater through a control
structure; TO READ AS FOLLOWS:
"Discharge, Direct: Discharge of storm-
water through a control structure to the
receiving water body."
Motion was made by Commissioner Stormont and seconded by
Commissioner Jones to accept the Planning Commission's
recommendation for approval. Motion carried unanimously.
STM 12 Amending Section 9.5-4(D- ), Monroe County Code,
in order to provide for a definition of Discharge Structure
which shall mean a device through or over which water is
released from a stormwater management structure; TO READ AS
FOLLOWS:
"Discharge Structure: A structural device
through or over which water is released
from a stormwater management structure."
Motion was made by Commissioner Stormont and seconded by
Commissioner Jones to accept the Planning Commission's
recommendation for approval. Motion carried unanimously.
STM 14 Amending Section 9.5-4(D- ), Monroe County Code,
in order to provide for a definition of Drainage which
shall mean removal of water from an area to lower the water
level; TO READ AS FOLLOWS:
"Drainage: Removal of water from an area
to lower the water level."
Motion was made by Commissioner Stormont and seconded by
Commissioner Jones to accept the Planning Commission's
recommendation for approval but to amend as follows: add
the following words at the end of the sentence: "...of that
area." Motion carried unanimously.
STM 16 Amending Section 9.5-4(D- ), Monroe County Code,
in order to provide for a definition of Drawdown which shall
mean difference in water table level at a well head and far
from it; TO READ AS FOLLOWS:
"Drawdown: Difference in water table
level at a wellhead and far from it."
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Motion was made by Commissioner Stormont and seconded by
Commissioner Jones to accept the Planning Commission's
recommendation for approval but to amend as follows: delete
everything after the words "table level" and insert in lieu
thereof the following: "between a wellhead and any distance
from it." Motion carried unanimously.
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STM 24 Amending Section 9.5-4(F- ), Monroe County Code,
in order to provide for a definition of Frequency which
shall mean the statistically projected storm event; TO READ
AS FOLLOWS:
"Frequency: The statistically anticipated
return period of a storm event (e.g.,
25-year storm)."
Motion was made by Commission.er Stormont and seconded by
Commissioner Jones to accept the Planning Commission's
recommendation for approval but to amend as follows: delete
the word "statistically" before the word "anticipated";
insert the word "cyclic" between the words "anticipated" and
"return". Motion carried unanimously.
STM 32 Amending Section 9.5-4(I- ), Monroe County Code,
in order to provide for a definition of Isolated Wetlands
which shall mean areas dominated by wetland plant species
pursuant to F.A.C. Rule 17-4.022 exclusive of provisions
requiring continuity with surface waters as defined in
Section 403.031, F.S.; TO READ AS FOLLOWS:
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"Isolated Wetlands: Those areas
dominated by wetland plant species
pursuant to Rule 17-4.022, F.A.C.,
exclusive of provisions requiring
continuity with surface waters as
defined in Section 403.031, F.S."
Al Fried addressed the Board. Motion was made by
Commissioner Stormon.t and seconded by Commissioner Jones to
accept the Planning Commission's recommendation for appro-
val. Motion carried unanimously.
STM 33 Amending Section 9.5-4-(L- ), Monroe County Code,
in order to provide for the definition of Land which shall
mean the earth lying above mean high tide for land subject
to tidal inundation and mean high water for freshwater
bodies of water; TO READ AS FOLLOWS:
"Land: The earth that lies above high
mean high tide for lands subject to tidal
inundation and mean high water for fresh-
water bodies of water."
Al Fried addressed the Board. Motion was made by
Commissioner Jones to delete this amendment. Motion died
for lack of a second. After lengthy discussion, motion was
made by Commissioner Stormont and seconded by Commissioner
Jones to accept Staff recommendation for denial inasmuch as
the definition is already in existence. George Kundtz
addressed the Board. Motion carried unanimously.
STM 38 Amending Section 9.5-4(P- ), Monroe County COde,
in order to provide for a definition of Predevelopment
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Condition For Stormwater Runoff which shall mean topography,
vegetation, rate, volume, direction and pollution load of
surface or groundwater flow existing immediately prior to
development; TO READ AS FOLLOWS:
"Predevelopment Condition For Stormwater
Runoff: Topography, vegetation, rate,
volume, direction and pollution load of
surface or groundwater flow existing
immediately prior to development."
Motion was made by Commissioner Stormont and seconded by
Commissioner Jones to accept the Planning Commission's
recommendation for approval. Motion carried unanimously.
STM 39 Amending Section 9.5-4(P- ), Monroe County Code,
in order to provide for a definition of project which shall
mean improvements to a site proposed on a particular land
area which may be part of a common plan of development;
improvements shall include the subdivision of land; TO READ
AS FOLLOWS:
"Project: Improvements to a site
proposed on a particular land area which
may be part of a common plan of develop-
ment. Improvements shall include the
subdivision of land."
Al Fried addressed the Board. Motion was made by
Commissioner Jones and seconded by Commissioner Harvey to
accept the Planning Commission's recommendation for appro-
val. Motion carried unanimously.
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STM 42 Amending Section 9.5-4(R- ), Monroe County Code,
in order to provide for a definition of Receiving Body Of
Water which shall mean waterbody, water course, or wetland
to which surface water flows; TO READ AS FOLLOWS:
"Receiving Body Of Water: Waterbody,
water course, or wetland to which
surface water flow."
Motion was made by Commissioner Stormont and seconded by
Commissioner Jones to accept the Planning Commission's
recommendation for approval but to amend as follows: insert
the words "or discharge" between the words "surface" and
"water"; change the word "flow" to the word "flows". Motion
carried unanimously.
STM 49 Amending Section 9.5-4(S- ), Monroe County Code,
in order to provide for a defnition of Storm Event which
shall mean the occurance of a rainfall or specified fre-
quency and duration, e.g. 25-year and 3-day storms; TO READ
AS FOLLOWS:
"Storm Event: The occurance of a
rainfall of specified frequency and
duration, e.g. 25-year and 3-day
storm."
Motion was made by Commissioner Harvey and seconded by
Commissioner Jones to accept the recommendation of the
Planning Commission for approval but to amend as follows:
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change the word "and" to the word "or" wherever it appears
above. Motion carried unanimously.
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STM 53 Amending Section 9.5-4Cs- ), Monroe County Code,
in order to provide for a definition of Surface Water which
shall mean a natural or artificial water course, lake, pond,
bay, bayou, and coastal waters of Monroe County extending to
a landward limit defined by Rule 17-4.022, F.A.C., and
Section 403.031, F.S., as well as isolated wetlands not con-
nected to waters of the State; TO READ AS FOLLOWS:
"Surface Water: See Waterbody."
Al Fried addressed the Board. Motion was made by
Commissioner Stormont and seconded by Commissioner Harvey to
accept the Planning Commission's recommendation for appro-
val. Motion carried unanimously.
STM 55 Amending Section 9.5-4(W- ), Monroe County COde,
in order to provide for a definition of Waterbody or
Surface Water which shall mean a natural or artificial water
course, lake, pond, bay, bayou, and coastal waters of Monroe
County extending to a landward limit defined by Rule
17-4.022, F.A.C., and Section 403.031, F.S., as well as iso-
lated wetlands not connected to waters of the State; TO READ
AS FOLLOWS:
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"Waterbody or Surface Water: A natural
or artificial watercourse, lake, pond,
bay, bayou, and coastal waters of Monroe
County extending to a landward limit
defined by Rule 17-4.022, F.A.C., and
Section 403.031, F.S., as well as
isolated wetlands not connected to waters
of the State."
Motion was made by Commissioner Stormont and seconded by
Commissioner Jones to accept the Planning Commission's
recommendation for approval but to amend by deleting the
words "lake" and "bayou". Motion was then made by
Commissioner Harvey and seconded by Mayor Puto to amend the
foregoing motion to also delete the last phrase as follows:
"... , as well as isolated wetlands not connected to waters
of the State." Roll call vote on the motion to amend was
taken with the following results:
Commissioner Harvey
Commissioner Jones
Commissioner Stormont
Mayor Puto
Yes
Yes
NO
Yes
Motion carried. Roll call vote on the original motion as
amended as taken with the following results:
Commissioner Harvey
Commissioner Jones
Commissioner Stormont
Mayor Puto
Yes
Yes
NO
Yes
Motion carried.
STM 63 Amending Section 9.5-4CW- ), Monroe County Code,
in order to provide for a definition of Wet Season Water
Table which shall mean the groundwater level during the time
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of year when the greatest amount of rainfall normally
occurs; TO READ AS FOLLOWS:
"Wet Season water Table: The groundwater
level during the time of year when the
greatest amount of rainfall normally
occurs."
After discussion, motion was made by Commissioner Stormont
and seconded by Commissioner Jones to accept the Planning
Commission's recommendation for approval. Motion carried
unanimously.
BULK APPROVAL
Motion was made by Commissioner Harvey and seconded
by Commissioner Jones to adopt the following items by unani-
mous consent:
STM 1 Amending Section 9.5-4(A- ), Monroe County Code,
in order to provide for a definition of Adverse Impacts,
Stormwater Management which shall mean modifications,
alterations, or effects on ground or surface waters or
wetlands; TO READ AS FOLLOWS:
"Adverse Impacts, Stormwater Management:
Modifications, alterations, or effects on
ground or surface waters or wetlands,
including quality, quantity, hydrodynamics
(i.e., currents, flow patterns), surface
area, species composition, living
resources, or usefulness which are or may
be potentially harmful to human health
and safety, to biological productivity or
stability, or which interfere with lawful
enjoyment of life or property, including
secondary, cumulative, and direct impacts."
Accept recommendation of Planning Commission for
approval.
STM 3 Amending Section 9.5-4(A- ), Monroe County Code,
in order to provide for a definition of Aquifer which shall
mean underground formation yield salt or fresh water; TO
READ AS FOLLOWS:
"Aquifer: underground formation
permeable enough to transmit, store, or
yield quantities of salt or fresh water."
Accept Planning Commission's recommendation for
approval.
STM 4 Amending Section 9.5-4(B ), Monroe County Code,
in order to provide for a definition of Best Management
Practices, Stormwater Management which shall mean methods
for treating stormwater runoff; TO READ AS FOLLOWS:
"Best Management Practices, Stormwater
Management: Those methods of stormwater
management recognized by experts in the
field as the most effective for treating
stormwater runoff."
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Accept Planning Commission's recommendation for
approval.
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STM 5 Amending Section 9.5-4(C- ), Monroe County Code,
in order to provide for a definition of Clearing and
Grubbing which small mean removal or significant disturbance
of vegetation or soil manipulation; TO READ AS FOLLOWS:
"Clearing and Grubbing: Clearing of land,
including clearing or removal of vegetation
and including any significant disturbances
or vegetation or substrate (soil) manipula-
tion. Clearing is a development activity
as defined by Monre County Code 9.5-4."
Accept Planning Commission's recommendation for
approval.
STM 6 Amending Section 9.5-4(C ), Monroe County Code,
in order to provide for a definition of Construction,
Stormwater Management which shall mean changes of natural
drainage patterns due to on-site activity; TO READ AS
FOLLOWS:
"Construction, Stormwater Management:
Anyon-site activity which will result in
the change of natural drainage patterns
and will require the creation of a new
stormwater management system."
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Accept Planning Commission's recommendation for
approval.
STM 7 Amending Section 9.5-4(C- ), Monroe County Code,
in order to provide for a definition of Control Elevation
which shall mean lowest point above sea level at which water
can be reased; TO READ AS FOLLOWS:
"Control Elevation: The lowest point
above sea level at which water can be
released through the control structure."
Accept Planning Commission's recommendation for
approval.
STM 8 Amending Section 9.5-4(C- ), Monroe County Code,
in order to provide for a definition of Control Structure
which shall mean element of a discharge structure that gra-
dually releases water; TO READ AS FOLLOWS:
"Control Structure: Element of a dis-
charge structure which allows the gradual
release of water under controlled condi-
tions."
Accept Planning Commission's recommendation for
approval.
STM 10 Amending Section 9.5-4(D- ), Monroe County Code,
in order to provide for a definition of Detention which
shall mean delay of stormwater runoff prior to discharge; TO
READ AS FOLLOWS:
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"Detention: The delay of stormwater
runoff prior to discharge into receiving
waters."
Accept Planning Commission's recommendation for
approval.
STM 13 Amending Section 9.5-4(D- ), Monroe County Code,
in order to provide for a definition of Drain which shall
mean a channel, pipe, or duct for conveying water; TO READ
AS FOLLOWS:
"Drain: A channel, pipe or duct for
conveying water."
Accept Planning Commission's recommendation for
approval.
STM 15 Amending Section 9.5-4(D- ), Monroe County Code,
in order to provide for a definition of Drainage Basin which
shall mean a catchment area which is otherwise draining to a
lower level; TO READ AS FOLLOWS:
"Drainage Basin: A catchment area which
is otherwise draining to a watercourse or
contributing flow to a body of water."
Accept Planning Commission's recommendation for
approval.
STM 17 Amending Section 9.5-4(D- ), Monroe County Code,
in order to provide for a definition of Dredging which shall
mean excavation below water level or in wetlands; TO READ AS
FOLLOWS:
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"Dredging: Excavation below water level
or in wetlands."
Accept Planning Commission's recommendation for
approval.
STM 18 Amending Section 9.5-4(D- ), Monroe County Code,
in order to provide for a definition of Dry Detention which
shall mean delay of stormwater runoff in a structure with a
bottom elevation above the water table or control elevation;
TO READ AS FOLLOWS:
"Dry Detention: Delay of stormwater
runoff prior to discharge into receiving
waters in a structure with a bottom
elevation above the water table or control
elevation."
Accept Planning Commission's recommendation for
approval.
STM 19 Amending Section 9.5-4(D- ), Monroe County Code,
in order to provide for a definition of Dry Retention which
shall mean prevention of stormwater runoff from direct
discharge in a structure above the water table or control
elevation; TO READ AS FOLLOWS:
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"Dry Retention: The prevention of
stormwater runoff from direct discharge
into receiving waters in a structure with
a bottom elevation above the water table
or control elevation."
Accept Planning Commission's recommendation for
approval.
STM 20 Amending Section 9.5-4(E- ), Monroe County Code,
in order to provide for a definition of Erosion which shall
mean washing away or scouring of soil by water or wind
action; TO READ AS FOLLOWS:
"Erosion: The washing away or scouring
of soil by water or wind action."
Accept Planing Commission's recommendation for
approval.
STM 21 Amending Section 9.5-4(E- ), Monroe County Code,
in order to provide for a definition of Existing which shall
mean the condition immediately before development or redeve-
lopment occurs; TO READ AS FOLLOWS:
"Existing: The condition immediately
before development or redevelopment
occurs."
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Accept Planning Commission's recommendation for
approval.
STM 22 Amending Section 9.5-4(F- ), Monroe County Code,
in order to provide for a definition of Fill which shall
mean material deposited on land or in water; TO READ AS
FOLLOWS:
"Fill: Material, consolidated or
unconsolidated, deposited on land or
in water."
Accept Planning Commission's recommendation for
approval.
STM 23 Amending Section 9.5-4(F- ), Monroe County Code,
in order to provide for a definition of Flood or Flooding
which shall mean inundation of dry land from overflow of
tidal water or rapid accumulation of stormwater runoff; TO
READ AS FOLLOWS:
"Flood of Flooding: A general and temp-
orary condition of partial or complete
inundation of normally dry land areas
resulting from the overflow of tidal
waters or the unusual and rapid accumula-
tion of stormwater runoff of waters from
any surface."
Accept Planning Commission's recommendation for
approval.
STM 25 Amending Section 9.5-4(F- ), Monroe County Code,
in order to provide for a defnition of Freshwater Lens which
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shall mean freshwater aquifer at the top of the water table;
TO READ AS FOLLOWS:
"Freshwater Lens: A freshwater aquifer
at the top of the water table overlying
a saline aquifer."
Accept Planning Commission's recommendation for
approval.
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STM 26 Amending Section 9.5-4(G- ), Monroe County Code,
in order to provide for a definition of Groundwater which
shall mean watet beneath the ground surface; TO READ AS
FOLLOWS:
"Groundwater: Water beneath the surface
of the ground."
Accept Planning Commission's recommendation for
approval.
STM 27 Amending Section 9.5-4(H- ), Monroe County Code,
in order to provide for a new definition of Hydrograph which
shall mean graphic representation of discharge water flow
ra te; TO READ AS FOLLOWS:
"Hydrograph: A graph of flow rate of
discharge."
Accept Planning Commission's recommendation for
approval.
STM 28 Amending Section 9.5-4(H- ), Monroe County Code,
in order to provide for a definition of Hydrographic Cycle
which shall mean the cycle of evaporation and precipitation
of moisture between earth and atmosphere; TO READ AS
FOLLOWS:
"Hydrologic Cycle: The cycle of evapora-
tion and precipitation of moisture
between the earth and the atmosphere."
Accept Planning Commission's recommendation for
approval.
STM 29 Amending Section 9.5-4(H- ), Monroe County Code,
in order to provide for a definition of Hydroperiod whicch
shall mean the cyclic changes in water of a wetland or deep
water habitat; TO READ AS FOLLOWS:
"Hydroperiod: the cyclic changes (daily
or seasonal) in the amount of water in a
wetland or deep water habitat."
Accept Planning Commission's recommendation for
approval.
STM 30 Amending Section 9.5-4(I- ), Monroe County Code,
in order to provide for a definition of Impervious Surface
which shall mean a surface that prevents the penetration of
wa ter ; TO READ AS FOLLOWS:
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057
"Impervious Surface: A surface which
does not allow, or minimally allows, the
penetration of water; included as examples
are building roofs, normal concrete and
asphalt pavements, and some fine grained
soils, such as clays."
Accept Planning Commission's recommendation for
approval.
STM 31 Amending Section 9.5-4CI- ), Monroe County Code,
in order to provide for a definition of Indirect Discharge
which shall mean release of stormwater from a system by
means other than a control structure; TO READ AS FOLLOWS:
"Indirect Discharge: Release of storm-
water from a system by means other than
a control structure (e.g., spreader
swale, sheet flow)."
Accept Planning Commission's recommendation for
approval.
STM 34 Amending Section 9.5-4(M- ), Monroe County Code,
in order to provide for a definition of Maintenance which
shall mean action taken to restore or preserve the func-
tional intent of any facility or system; TO READ AS FOLLOWS:
"Maintenance: That action taken to
restore or preserve the functional intent
of any facility or system."
Accept Planning Commission's recommendation for
approval.
STM 35 Amending Section 9.5-4CN- ), Monroe County Code,
in order to provide for a definition of Natural Biological
Systems which shall mean those which predominantly consist
of or use those plants, animals and bacteria which occur
indigenously; TO READ AS FOLLOWS:
"Natural Biological Systems: Systems
which predominantly consist of or use
those communities of plants, animals, and
bacteria which occur indigenously on land,
in the soil, or in the water."
Accept Planning Commission's recommendation for
approval.
STM 36 Amending Section 9.5-4(N- ), Monroe County Code,
in order to provide for a definition of Natural Water Flow
Pattern which shall mean the rate, volume and direction of
surface or groundwater flow occuring naturally; TO READ AS
FOLLOWS:
"Natural Water Flow Pattern: Rate,
volume and direction of surface or
ground water flow occuring under natural
(daily and seasonal) conditions before
development."
Accept Planning Commission's recommendation for
approval.
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STM 37 Amending Section 9.5-4CO- ), Monroe County Code,
in order to provide for the definition of Operational
Facility which shall mean an acceptance, legally-bound,
responsible entity agreeing to operate and maintain the
surface water management system; TO READ AS FOLLOWS:
"Operational Entity: An acceptable,
legally-bound, responsible entity which
agrees to operate and maintain the
surface water management system."
Accept Planning Commission's recommendation for
approval.
STM 40 Amending Section 9.5-4CP- ), Monroe County Code,
in order to provide for a definition of Project Initiation
which shall mean all acts antecedent to actual construction
activities and includes permit applications and development;
TO READ AS FOLLOWS:
"Project Initiation: All acts antecedent
to actual construction activities and
includes permit applications and develop-
ment."
Accept Planning Commission's recommendation for
approval.
STM 41 Amending Section 9.5-4CR- ), Monroe County Code,
in order to provide for a definition of Rate which shall
mean volume per uni t of time; TO READ AS FOLLOWS:
"Rate: Volume per unit of time."
Accept Planning Commission's recommendation for
approval.
STM 43 Amending Section 9.5-4CR- ), Monroe County Code,
in order to provide for a definitnion of Recharge which
shall mean refilling an aquifer by rainfall and infiltration
either naturally or artificially; TO READ AS FOLLOWS:
"Recharge: Refilling an aquifer by
rainfall and infiltration either naturally
or artificially."
Accept Planning Commission's recommendation for
approval.
STM 44 Amending Section 9.5-4CR- ), Monroe County Code,
in order to provide for a definition of Record Drawing,
Stormwater Management which shall mean the system plans spe-
cifying the locations, dimensions, elevations, capacities,
and capabilities of structures or facilities for controlling
runoff as they have been constructed as submitted by the
project contractor or engineer, as appropriate; TO READ AS
FOLLOWS:
"Record Drawing, Stormwater Management:
The system plays specifying the locations,
dimensions, elevations, capacities, and
capabilities of structures or facilities
for controlling runoff as they have been
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constructed as submitted by the project
contractor or engineer, as appropriate."
Accept Planning Commission's recommendation for
approval.
STM 45 Amending Section 9.5-4(R- ), Monroe County Code,
in order to provide for a definition of Retention which
shall mean the prevention of stormwater runoff from direct
discharge into receiving waters; includes as examples are
systems which discharge through percolation, exfiltration,
filtered bleeddown and evaporation processes; TO READ AS
FOLLOWS:
"Retention: The prevention of stormwater
runoff from direct discharge into receiving
waters; included as examples are systems
which discharge through percolation, ex-
filtration, filtered bleeddown and
evaporation processes."
Accept Planning Commission's recommendation for
approval.
STM 46 Amending Section 9.5-4(R- ), Monroe County Code,
in order to provide for a definition of Runoff Coefficient
Cc) which shall mean the standardized factor from which
runoff can be calculated; TO READ AS FOLLOWS:
"Runoff Coefficient (c): Standardized
factor from which runoff can be
calculated."
Accept Planning Commission's recommendation for
approval.
STM 47 Amending Section 9.5-4CS- ), Monroe County Code,
in order to provide for a definition of Sediment which shall
mean the solid material which subsides to the bottom of a
water body; TO READ AS FOLLOWS:
"Sediment: Solid material which subsides
to the bottom of a water body."
Accept Planning Commission's recommendation for
approval.
STM 48 Amending Section 9.5-4(S- ), Monroe County Code,
om ptf in order to provide for a definition of Spreader
Swale which shall mean a ditch positioned parallel to the
receiving water body which allows for indirect discharge of
stormwater in excess of the retained or detained volume; TO
READ AS FOLLOWS:
"Spreader Swale: A ditch positioned
parallel to the receiving water body
which allows for indirect discharge of
stormwater in excess of the retained
or detained volume."
Accept Planning Commission's recommendation for
approval.
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STM 50 Amending Section 9.5-4(S- ), Monroe County Code,
in order to provide for a definition of Stormwater Runoff
which shall mean that volume of rainfall which does not per-
colate into the ground nor evaporate nor is intercepted
before reaching the stormwater management system; TO READ AS
FOLLOWS:
"Stormwater Runoff: The volume of rain-
fall which does not percolate into the
ground, nor evaporate or is intercepted
before reaching the stormwater managment
system. "
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Accept Planning Commission's recommendation for
approval.
STM 51 Amending Section 9.5-4CS- ), Monroe County Code,
in order to provide for a definition of Stormwater
Management Plan which shall mean the detailed analysis
describing how the rainfall control 'system for the proposed
development has been planned, designed, and will be
constructed to the meet the requirements of these regula-
tions; TO READ AS FOLLOWS:
"Stormwater Management Plan: The detailed
analysis describing how the rainfall con-
trol system for the proposed development
has been planned, designed, and will be
constructed to meet the requirements of
these regulations."
Accept Planning Commission's recommendation for
approval.
STM 52 Amending Section 9.5-4(S- ), Monroe County Code,
in order to provide for a definition of Stormwater
Management System which shall mean the natural and
contructed features of the property which are designed to
treat, collect, convey, channel, hold, inhibit, or diver the
movement of surface water; TO READ AS FOLLOWS:
"Stormwater Management System: The
natural and constructed features of the
property which are designed to treat,
collect, convey, channel, hold, inhibit,
or divert the movement of surface water."
Accept Planning Commission's recommendation for
approval.
STM 54 Amending Section 9.5-4CS- ), Monroe County Code,
in order to provide for a definition of Swale which shall
mean a shallow, constructed ditch with the bottom above the
water table; TO READ AS FOLLOWS:
"Swale: A shallow constructed ditch with
the bottom above the water table."
Accept Planning Commission's recommendation for
approval.
STM 56 Amending Section 9.5-4(W- ), Monroe County Code,
in order to provide for a definition of Water or Community
00 06 1
Water which shall mean all water on or beneath the surface
of the ground, including the water in any watercourse,
waterbody or wetland; TO READ AS FOLLOWS:
"WaterCs) or Community Water: All water
on or beneath the surface of the ground,
including the water in any watercourse,
waterbody or wetland."
Accept Planning Commission's recommendation for
approval.
STM 57 Amending Section 9.5-4(W- ), Monroe County Code,
in order to provide for a definition of Watershed which
shall mean a catchment area which is otherwise draining to a
watercourse or contributing flow to a body of water; TO READ
AS FOLLOWS:
.Watershed: A catchment area which is
otherwise draining to a watercourse or
contributing flow to a body of water."
Accept Planning Commission's recommendation for
approval.
STM 58 Amending Section 9.5-4(W- ), Monroe County Code,
in order to provide for a definition of Water Detention
Facility which shall mean a stormwater management facility
which provides for the delay of movement or flow of a spe-
cified volume of stormwater for a specified period of time;
TO READ AS FOLLOWS:
.Water Detention Facility: A stormwater
management facility which provides for
the delay of movement or flow of a speci-
fied volume of stormwater for a specified
period of time."
Accept Planning Commission's recommendation for
approval.
STM 59 Amending Section 9.5-4CW- ), Monroe County Code,
in order to provide for a definition of Water Retention
Facility which shall mean a stormwater management facility
which provides for storage of a specified volume of storm-
water without discharge from the retention structure; TO
READ AS FOLLOWS:
"Water Retention Facility: Stormwater
management facility which provides for
storage of a specified volume of storm-
water without discharge from the
retention structure."
Accept Planning Commission's recommendation for
approval.
STM 60 Amending Section 9.5-4(W- ), Monroe County Code,
in order to provide for a definition of Water Table which
shall mean the boundary between the zone of saturation and
the zone of aeration; it varies with such factors as tide
and the amount of rainfall; TO READ AS FOLLOWS:
00
062
"Water Table: The boundary between the
zone of saturation and the zone of
aeration; it varies with such factors
as tide and the amount of rainfall."
Accept Planning Commission's recommendation for
approval.
STM 61 Amending Section 9.5-4(W- ), Monroe County Code,
in order to provide for a definition of Wet Detention which
shall mean the delay of stormwater runoff prior to discharge
into receiving waters in a structure with a bottom elevation
below the water table or control elevation; TO READ AS
FOLLOWS:
"Wet Detention: Delay of stormwater
runoff prior to discharge into receiving
waters in a structure with a bottom
elevation below the water table or control
elevation."
Accept Planning Commission's recommendation for
approval.
STM 62 Amending Section 9.5-4CW- ), Monroe County Code,
in order to provide for a definition of Wet Retention which
shall mean the prevention of stormwater runoff from direct
discharge into receiving waters in a structure with a bottom
elevation below the water table or control elevation; TO
READ AS FOLLOWS:
"Wet Retention: The prevention of
stormwater runoff from direct discharge
into receiving waters in a structure
with a bottom elevation below the water
table or control elevation."
Accept Planning Commission's recommendation for
approval.
STM 64 Amending Section 9.5-4CW- ), Monroe County Code,
in order to provide for a definition of Wetlands which shall
mean those areas as specified in Section 403.911, F.S.; TO
READ AS FOLLOWS:
"Wetlands: As defined by Section 403.911,
Florida Statutes."
Accept Planning Commission's recommendation for
approval.
Motion carried unanimously.
PD 143A Amending Section 9.5-45, Monroe County Code,
in order to provide for published notices of amendments to
the Text of the Monroe County Land Development Regulations
may appear in the legal of nonlegal section of a newspaper
of general County circulation; to provide for the elimina-
tion of the requirement that properties that are to be the
subject of a Public Hearing be posted with a notice of that
hearing thirty days in advance; and to provide that the
00
063
names and addresses of property owners adjoining the pro-
perty which is the subject of a Public Hearing for the pur-
poses of mailed notice shall be those revealed by the most
recent list in the Property Appraiser's office; amending
Section 9.5-5ll(d)C3), Monroe County Code, in order to
require that the thirty-day notice published in the nonlegal
section of a newspaper of general County circulation applies
to proposed amendments to the Monroe County Land Use
District Maps but not to proposed amendments to the Monroe
County Land Development Regulations; to provide for the eli-
mination of the requirement that property which is the sub-
ject of a Land Use District Map amendment shall be posted
with a notice of the amendment hearing thirty days in advan-
ce; to provide that notice of a Public Hearing for an amend-
ment to the Text of the Land Development Regulations shall
be published in a newspaper of general County circulation
fifteen days in advance of the hearing - excluding Sundays
and holidays - in either the legal or nonlegal sections of
the newspaper; and to provide for the contents of the
published notice.
After lengthy discussion, motion was made by Commissioner
Stormont and seconded by Commissioner Jones to approve the
following subsections of Section 9.5-45:
"(b) Publication: Notice of public
hearings shall be given at least thirty
(30) days in advance of the hearing date
by publication in the nonlegal section of
the local newspapers of greatest general
circulation in the Lower, Middle and
Upper Keys of Monroe County except,
however, that the notice for amendments
to the text of these regulations shall be
given at least fifteen days - excluding
Sundays and holidays - in advance of the
hearing by publication in either the
legal or nonlegal section of the local
newspapers of greatest general circula-
tion in the Lower, Middle and Upper Keys
of Monroe County."
"Cd) Mailing of notice: Notice of a
public hearing to consider a major
conditional use shall be mailed by the
county to all owners of real property
located within three hundred (300) feet
of the property proposed to be developed
as a major conditional use, including
any residents of the parcel proposed for
development, at least thirty (30) days
prior to a public hearing. A list of
such owners, as shown by the latest
available records in the Monroe County
Property Appraiser's Office, shall be
provided by the applicant with an applica-
tion for development approval."
"(f) Affidavit and photograph of notice:
An affidavit and photographic evidence
shall be provided by the applicant at the
public hearing that the applicant has
complied with the notice required by this
section."
Motion carried unanimously.
00
064
PD 144E Amending Section 9.5-495, Monroe County Code,
in order to provide for an Affordable and Employee Housing
Fair Share Impact Fee Trust Fund for paying the impact fees
of connection of employee and affordable housing to the
public services provided by FKAA, CES, FKEC, and for the
cost of land infrastructure improvements for qualified
affordable housing projects, and establishing authority for
a fair share employee housing schedule.
Motion was made by Commissioner Stormont and seconded by
Commissioner Jones to continue to March 21st. Motion
carried unanimously.
The Board recessed for lunch.
*
*
*
*
*
The Board reconvened with all Commissioners pre-
sent.
PD 145 Amending Section 9.5-5llCb), Monroe County Code,
in order to provide for screening of proposed amendments to
the Land Development Regulations by the Planning Director,
eliminating from further staff processing those deemed fri-
volous, repetitive, or clearly inconsistent with the
Comprehensive Plan; modifying the amendment process to pre-
sent proposed changes no less than twice or more than four
times annually; TO READ AS FOLLOWS:
"Cb) Authority: The board of county
commissioners may amend the text of this
chapter upon the compliance with the
provisions of this article. Amendments
may be proposed by the board of county
commissioners, the planning commission,
the director of planning, or the owner or
other person having a contractual interest
in property to be affected by a proposed
amendment. The director of planning shall
have the responsibility to establish the
format by which applications can be
submitted and shall have the authority to
screen and limit those amendments which
he finds are frivolous, repetitive, or
clearly inconsistent with the goals,
objectives and policies of the Florida
Keys Comprehensive Plan."
Al Fried addressed the Board. Motion was made by
Commissioner Jones and seconded by Commissioner Harvey to
accept recommendation for approval but to amend as follows:
delete the last sentence above and insert in lieu thereof
the following: "The Director of Planning shall have the
responsibility to establish the format as approved by the
Board of County Commissioners by which applications can be
submitted and shall have the authority to screen those
amendments, processing only those which are presented on a
complete application; and those deemed insufficient shall be
returned to the applicant for correction and resubmittal
within twenty-one (21) days." Motion carried unanimously.
PD 146 Amending Section 9.5-5ll(c), Monroe County Code,
in order to provide for accepting amendments to this chapter
any time; for submitting proposed amendments to the
00
065
Planning Commission no more than quarterly nor less than
biannually for ranking them and limiting their consideration
by the Planning Commission and Board of County Commissioners
to no more than 25 at anyone amendment period, for not
limiting the consideration of Land Use District Map amend-
ments, and for exempting Land Use District amendments
involving Urban Mobile Home Districts in order to bring them
into compliance with the Federal Emergency Management
Administration (FEMA) Regulations; TO READ AS FOLLOWS:
"(c) Timing: Except as provided in this
section, proposed amendments shall be
accepted for review and processing at any
point in time by any of those parties
having authority to propose amendments to
this chapter. The planning director shall
accumulate such proposed amendments and
shall have the ability to present such
proposed amendments to the planning
commission not more than four (4) times a
year and not less than two (2) times a
year. The director of planning shall
rank the submitted amendment applications
according to their value in implementing
the goals and policies of the comprehensive
plan and their value in implementing the
principles for guiding development. The
board of county commissioners and the
planning commission shall consider no
more than twenty-five (25) of the ranked
amendments at anyone of the amendment
periods described above. There shall be
no limit to the number of land use
district map amendments that may be
considered by the boards.
(1) An exception to the timing procedure
is provided for a one-time occurance. In
recognition of the immediate requirement
to amend URM districts in order to comply
with FEMA regulations within a specified
period of time, such amendments to the
land use district maps may be taken out
of the normal amendment sequence."
Al Fried and Ken Metcalf of DCA addressed the Board. After
lengthy discussion, motion was made by Commisisoner Harvey
and seconded by Commissioner Jones to approve as follows:
"Applications for Map and Text Amendments
to the Land Use Regulations shall be
accepted at any time. The Planning
Director shall review and process the Map
and Text Amendment applications as they
are received and pass them on to the
Development Review Committee and the
Planning Commission for recommendation
and final approval by the Board of County
Commissioners."
Roll call vote was unanimous.
PD 147 Amending Section 9.5-511, Monroe County COde,
in order to provide for limiting consideration of proposed
amendments to the Text of the Land Use Regulations to no
more than the first 25 proposals ranked according to their
value in implementing the goals and policies of the
00
066
Comprehensive Plan; limiting Board of Commissioners' annual
consideration to 25 Text amendment proposals quarterly; not
restraining the number of Land Use District changes the
Board may consider; TO READ AS FOLLOWS:
See EXHIBIT A attached hereto and made a
part hereof.
Motion was made by Commissioner Harvey and seconded by
Commissioner Jones to amend as follows:
Subparagraph (d) (1):
"comprehensive land
the words "land use
thereof.
delete the words
use plan" and insert
regulations" in lieu
Delete subparagraph (2)b.
Renumber Subparagraph (2)c to (2)b.
Subparagraph (2)b(iii): add the word "or"
at the end thereof.
Subparagraph (3): delete the word
"amendment" after the words "property
owners"; and add the following sentence:
"If the abutting property owners are the
same as the applicant, then notice shall
be given to the nearest abutting property
owners who are not the applicant."
Motion carried unanimously.
PD 149 Amending Section 9.5-511, Monroe County Code,
in order to provide for notice to both the affected pro-
perty owners nad the general public of hearings of the
Planning Commission and Board of County Commissioners of the
proposed amendments to the Land Use District Maps, both for
changes involving less than 5 percent, and 5 percent or more
of the total County land area; the number of hearings
required; the requirement of advertising in a local
newspaper, the size and content of the advertisement, its
exclusion from the newspaper's legal section; the sequencing
and spacing of advertisements and hearings; the time of day
for certain hearings; the criteria which the Board may con-
sider in deciding whether to enact a change of a Land Use
District designation by Ordinance; the requirement of vote
of 4 County Commissioners when a proposed change is opposed
by a sufficient number of citizens; discussion of what
constitutes a quorum of County Commissioners hearing these
proposed amendments; transmission of approved Map and Text
amendments to the Stand Land Planning Agency; TO READ AS
FOLLOWS:
See EXHIBIT B attached hereto and made a
part hereof
Motion was made by Commissioner Stormont and seconded by
Commissioner Jones to amend as follows:
Insert the words "or description of
subject matter" after the word "title" in
the last sentence of Paragraph 3 a and
delete the word "only" after the word
"title" in that last sentence;
00
067
Insert the word "geographic" before the
words "location map" in the next to the
last sentence of Paragraph 3 b;
Delete paragraph 4;
Renumber Paragraph 5 to Paragraph 4; mark
unnumbered first paragraph as "a" and
insert the words "or description of sub-
ject matter" after the word "title" in
the second sentence thereof and delete
the word "only";
Renumber Amendment PD 147 as appropriate;
Motion carried unanimously.
PD 150 Amending Section 9.5-51l(d)(3)b, Monroe County Code,
in order to provide for the posting of property proposed for
a change in Land Use District by the applicant seeking the
change; TO READ AS FOLLOWS:
"b. Posting of notice: At least thirty
(30) days prior to any public hearing
required under this section, the applicant
shall post notice on the property in the
case of zoning map amendments, that is the
subject of the hearing, a sign or signs in
accordance with requirements of Section
9.5-45. The applicant shall provide the
county planning department with affidavits
at this time with appropriate photographic
evidence attached that the subject property
was posted in accordance with these regula-
tions. "
Motion was made by Commissioner Stormont and seconded by
Commissioner Jones to approve and have placed in the
appropriate portion of 9.5-511 in properly renumbered
sequence. Motion carried unanimously.
PD 151 Amending Section 9.511(d)(5)c, Monroe County Code,
in order to provide for a vote of four County Commissioners
to amend a Land Use District designation of a certain pro-
perty when 20 percent or more of adjacent property owners,
extending 200 feet from the property borders, objects; TO
READ AS FOLLOWS:
"In the event of a written protest
against such amendment signed by the
owners of twenty percent (20%) or more
of either of the area of the lots or land
included in the proposed amendment of the
lots or land adjacent to the property to
be affected and extending two hundred
(200) feet therefrom, such amendment shall
not become effective except by the favor-
able vote of four (4) members of the
board of county commissioners."
Motion was made by Commissioner Jones and seconded by
Commissioner Stormont to deny. Motion carried unanimously.
PD 152 Amending Section 9.5-51l(e), Monroe County Code,
in order to provide for clarification of such typographical
00
068
or drafting errors as minor technical mistakes or obvious
errors in words or numbers; documentation required in order
to adopt such amendments; procedure not requiring posting or
Public Hearing for adopting amendments not affecting Land
Use District Map designations; TO READ AS FOLLOWS:
"(e) Typographical or Drafting Errors:
(a) Amendments to the text of the
comprehensive plan to correct typo-
graphical or text drafting errors may
be adopted by the board of county
commissioners without posted notice or
public hearing at any regular meeting.
The intent of this section is to allow
amendments to this chapter of an obvious
minor technical nature or where in-
advertent errors in words or numbers are
clearly apparent. Such corrections are
necessary to bring the ordinance into
conformity with the board of county
commissioners' original language and
intent. Proposals amending the text of
this chapter must be supported by: a
tape recording of the meeting at which
the section of the chapter was adopted,
or minutes of the county commission
meeting, or other documentary evidence
showing that the amendment is consistent
with the intent of the commission. As
long as the county is designated within
an area of critical state concern, notice
of such amendments shall be transmitted
to the Florida Department of Community
Affairs within thirty (30) days.
(b) Amendment to the land use district
maps to correct drafting line errors may
be adopted by the board of county
commissioners without posting notice or
public hearing at any regular meeting,
provided that no drafting line corrections
are made which affect changes in land use
district map designations."
Motion was made by Commissioner Jones nad seconded by
Commissioner Harvey to accept the Planning Commission's
recommendation for approval. Motion carried unanimously.
PD 152A Amending Section 9.5-511, Monroe County Code,
in order to provide for a change in Section 9.5-511 to echo
Florida Statute 163,3177 as to when zoning regulations the
zoning map may be amended; TO READ AS FOLLOWS:
"(f) Although labeled as Volume III, the
land development regulations are the
intended zoning regulations and zoning
map for the county. As such they shall
be eligible for amendment according to
applicable state law (Florida Statute
163.3177) at any time or as specified in
the land development regulations. They
shall not be construed to be amendable
only once or twice each year."
Motion was made by Commissioner Jones and seconded by Com-
missioner Harvey to accept the Planning Commission's recom-
mendation for approval. Motion carried unanimously.
00
069
PD 153 Amending Section 9.5-52l(c), Monroe County Code,
in order to provide for extension of the period when a
notice of appeal of an administrative action may be filed;
TO READ AS FOLLOWS:
"(c) Procedures: A notice of appeal in
the form prescribed by the director of
planning must be filed with the county
administrator and with the office or
department rendering the decision,
determination or interpretation within
thirty (30) working days of the decision.
Such notice shall be accompanied by the
names and addresses of the owner, appli-
cant, property owner, and adjacent
property owners. The filing of such
notice of appeal will require the
administrative official whose decision
is appealed to forward to the commission
or board within five (5) working days any
and all records concerning the subject
matter of the appeal and to send written
notice of the appeal to the owner, appli-
cant, property owner, and adjacent
property owners, if different from the
person filing the appeal, within five (5)
working days of receipt of the notice of
appeal. Failure to file such appeal shall
constitute a waiver of any rights under
this chapter to appeal any interpretation
or determination made by an administrative
official."
Motion was made by Commisisoner Stormont and seconded by
Commisisoner Jones to accept the Planning Commission's
recommendation for approval. Motion carried unanimously.
PD 153A Amending Section 9.5-521(d), Monroe County Code,
in order to provide for mandatory Board of County
Commissioners' review of any certification that to stay the
administrative act would post imminent peril to life or pro-
perty; TO READ AS FOLLOWS:
"Cd) Effect of Filing an Appeal: The
filing of a notice of appeal shall stay
any proceedings in furtherance of the
action appealed from unless the
administrative official rendering such
decision, determination or interpretation
certifies in writing to the commission or
the board and the applicant that a stay
poses an imminent peril to life or prop-
erty, in which case the appeal shall not
stay further proceedings. The commission
or board shall review such certification
and deny a stay of the proceedings."
Motion was made by Commissioner Stormont and seconded by
Commissioner Jones to accept the Planning Commission's
recommendation for approval but to amend as follows: insert
the words "all permit activity and" after the word "stay" at
the end of the second line above; insert the words "permit
activity and any" before the word "proceedings" at the end
of the sentence. Motion carried unanimously.
00
070
PD 158 Amending Volume II, Chapter X, Section c,4, c, d,
and e, Pages 241-243, Florida Keys Comprehensive Plan, in
order to provide for the requirement of the Planning
Commission and Board of County Commissioners to conduct
their hearings in accordance with F.S. 163.3184(15), to
require consideration of current capital facilities in
their decision and consistency with F.S. 480.0552(7)(A)-(H)
in adopting changes to the Plan, and to require at least a
majority of the membership of the Board in order to amend
the Plan, thereby strengthening the intent of both laws as
implemented in the Comprehensive Plan; TO READ AS FOLLOWS:
"The Planning Commission sitting as the
local planning authority, and the Board
of County Commissioners shall both conduct
their respective hearings according to the
procedure set forth in F.S. 163.3184(15).
d. Action by Planning Commission.
The Planning Commission shall review the
application, the reports and recommenda-
tions of the Department of Planning and
the Development Review Committee, and the
testimony given at the public hearing.
e. Action by Board of County
Commissioners following public hearings.
Cl) The Board of County Commissioners
shall consider the report and recommenda-
tion of the Department of Planning, the
Development Review Committee, and the
Planning Commission and the testimony
given at the public hearings.
(2) The Board of County Commissioners
may consider the adoption of an ordinance
enacting the proposed change based on one
or more of the following factors:
(i) changed projection Ce.g.,
regarding public needs) from
those on which the text was
based, in evaluating changed
conditions the current capital
facilities shall be considered
probative;
(ii) changed assumptions (e.g.,
regarding demographic trends);
(iii) data errors, including errors
in mapping, vegetative types
and natural features described
in Volume I of this Plan;
Civ) new issues;
(v) recognition of a need for addi-
tional detail or comprehensive-,
ness;
(vi) data updates;
Cvii) consisting with F.S. 380.0552(7)
Ca)-(h)
Provided however, that in no event shall an
amendment be approved which will result in
an adverse community change of the Planning
Area in which the proposed development is
located.
(3) The board of county commissioners may
adopt the proposed amendment or the proposed
amendment as modified by not less than a
majority of its total membership."
Motion was made by Commissioner Stormont and seconded by
Commissioner Harvey to adopt amended as follows: insert the
Sponsor's Name
~
ORDINANCE NO.
-1988
PD147
....
AN ORDINANCE AMENDING SECTION 9.5-511, MONROE COUNTY
CODE IN ORDER TO PROVIDE FOR LIMITING CONSIDERATION OF
PROPOSED AMENDMENTS TO THE TEXT OF THE LAND USE REGULATIONS
TO NO MORE THAN THE FIRST 25 PROPOSALS RANKED ACCORDING TO
THEIR VALUE IN IMPLEMENTING THE GOALS AND POLICIES OF THE
COMPREHENSIVE PLANj LIMITING BOARD OF COMMISSIONERS ANNUAL
CONSIDERATION TO 25 TEXT AMENDMENT PROPOSALS QUARTERLYj NOT
RESTRAINING THE NUMBER OF LAND USE DISTRICT CHANGES THE
BOARD MAY CONSIDERj PROVIDING FOR SEVERABILITYj PROVID-
ING FOR REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE
COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
I..
Section 1. Section 9.5-511
, Monroe County Code, is hereby
amended to read as follows:
"Section 9.5-511. Amendments to these Regulations
(a) Purpose. The purpose of this article is to provide a means
of changing the text and district maps of this chapter....
(b) Authority. The Board of County Commissioners may amend
the text anddistrict mapsof these regulations upon
compliance with the provisions of the Article.
(c) Timing (remains the same)
\J
(d) Procedures:
(1) ,t~;~~~1~ ~1 ~.~ ,~~t~ ~t ~~~_~1 ~~~t~~t~_~t~,
'J~_t_~~~t~;t~_, ~t ,tt~~~~t ~t 'J~t_i. Proposals for
amendments to text of the comprehensive land use plan. Propos-
als t~t ~~_~~~_~s to amend the text of the comprehensive
land use plan may be initiated by the board of county commission-
ers as a body, th$ planning commission as a body, the direc-
tor of planning, or any citizen includinst individual members of
the board of county commissioners and the planninst cODlDission
~.~JJ ~~ ~t~~~t~~~ bv transmittinst the proposed amendments
to the planning department and the development review committee
for review and recommendation to the planning commission.
(2.) Proposals for amendments to d~strict maps of the comprehen-
sive land use plan.
€X~/BIT A
;;;,'1);" .
" :~~!~,,;^ ~~....' ~~~!:'
o?~:?"-" I
,
..,)
a. Proposals by affected landowners. Any landowner or other
persons having a contractual interest in property desiring to
petition the board of county commissioners for an amendment to the
land use district map shall be required to file an application
with the director of planning accompanied by a nonrefundable appli-
cation fee as established from time to dtime by the board of coun-
ty commissioners to defray the actual cost of processing the appli-
cation. The director of planning shall transmit the proposed
amendment to the planning department and the development review
committee for review and preparation of a recommendation to the
planning commission.
b. Proposals by citizens. Petition by orJtanizations leJtally
representinJt more than 50% of property owners within a Jtiven area.
or more than 50% of the property owners themselves within a Jtiven
area. that have been submitted to the board of county commssioners
for certification prior to submittal to the director of planninJt.
shall be accompanied by an application for an amendment to the
land use district map with the director of planninJt accompanied by
a nonrefundable application fee as established from time to time
by the board of county commissioners to defray the actual cost of
processinJt the application. The director of planninJt shall trans-
mit the proposed amendment to the planninJt department and the
development review committee for review and preparation of a recom-
mendation to the planninJt commission.
,~
c. Applicants must document one or more of the followinJt factors
as part of their application demonstratinJt the need for and iusti-
fication for consideration by the planninJt commission and the
board of county commissioners.
(i) ChanJted proiections concerninJt the immediate planninJt area
in which the amendment is located.
(ii) ChanJted as sUlllpt ions reJtardinJt demoJtraphic trends occurrinJt
in the immediate planninJt area in which the amendment is located.
(iii) Data errors involvinJt veJtetative types and natural features
described in Volume I of the comprehensive land use plan.
(iv) Recomition of a need for additional detail or COMPrehen-
siveness concerninJt the properties involved in the propOsed amend-
ment.
(3) Public hearing(s). "The (ii) "t/>tl-t~)t p_)J.l-t~tl-r/J~
~_~J.J. )~ ptr/JYI-~~~' t~ t_~ t~.~ r/Jt ~~~~~~~t~ tt/> t_~ J.~~ _~~ ~I-~;
ttl-tt ;"~P' ~t J.~~~t t_l-ttt ~~t~t'/J'/Jl ~~t~ ptl-r/Jt tr/J ~t t~~_l-t~~
p_)J.U, _~~tl-~i #~ I-~ t_~ t~~~ r/Jt ~;..~~~"~tpf tr/J t_~ t,,~t t/>t t/>t
t~l-~ t_~pt~t. ~t J.~~pft tl-tt~~~ t1.'1 ~~tpf ptl-r/Jt tr/J ~~t t~~_l-t~~
p~)J.l-t ~~~tl-~il
;
"
. ,
r,~~"!.J~;'J., k, ',,,,'."
~'~. , ~
..,,,,,,~,.,.;(,,,
l
w'
Notice of a proposed amendment to the proposed Land Use District
Map shall also be made by reaistered mail to abuttina (touchina)
property owners amendment within 30 days of any public hearina.
(4) Action by planning commission.
~ The planning commission shall review the applications for
text and land use district amendments. the reports and recommen-
dations of the department of planning and the development review
committee, and the testimony given at the public hearing, and
shall submit its recommendations and findings for either arantina
or denvin~ the proposed amendment to the board of county commis-
sioners.
b. Any recommendation for either ~rantin~ or denvin2 the pro-
posed amendment bv the plannina' commission shall be by siDIPle
ma iority except that approval or a proposed amendment shall not
aiven except by the favorable vote of four (4) members of the
plannina commission if a written protest is submitted aaainst
such amendment sianed bv either:
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( 1) the owners of twenty percent (20%) or more of the area of
the lots or land included in the proposed amendment. or
(ii) the owners of twenty percent (20%) or mote of abuttinJt
(touchina) lots or land to the proposed land use distrcit map
amendment. or
(iii) the owners of twenty percent (20%) or more of lots or land
immediately ad ioinina the property to be affected and extendin2
two hundred (200) feet therefrom.
(5) Actions by board of county commissioners following public
hearing(s) .
a. The board of county commissioners shall consider the report
and recommendations of the of the 'department of planning, the
development review committee, and the planning commission includ-
ing the testimony given at the public hearings, in context of all
of the criteria concernina the amendment to the text of the CODlPre-
hensive land use plan or the district land use map before the
plannina commission.
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b. The board of county commissioners may consider the" adoption of
an ordinance enacting the proposed change, )sIi,l,!,l t6Jl t6Jl'! t6t r/1t6t,!
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ttttJ ,llitli ,!ttt6t,lJ t~~1~,lt~i ,!ttt6t,l t~ j11i~pt~iJ 1'!i'!tlittf~
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t1tJ ,llitli ~;,llit~,lt ;tt61t,l~,l ~t6~~1,!tl t~lit tJl Jlt6 ~1'!Jlt _~,tJJ
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provided that written finding of fact are given if contrary to the
findings of the planninJt commission in their review of the pro.
posed amendment.
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c. In no event shall an amendment to the land use district map
be approved which will result in an adverse community chanJte of
the planninJt area in which the proposed amendment is located.
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161 t~'! lit'!Ii t6t t~_ Jt6~t t6t J~,l tj1j1,!,ltlit'!Jf Ii,lAI6tJltJli t~~ ~tt6p,!ttf
tt6 )S,! li11,!tt~,l ~,l ,!tt'!Jl,lt~i t~t6 ~~,lt~,l 1,!,!t t~~~'J t~~t~ttt6j1J
_~~~ lij1~~,lj1'!Jlt ~~liJJ ~t6t )s,!~t6j1'! ~1t,!~tt1'! ,!t~~~t )Sf t~~ 1li1t6tli)s]'!
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d. Except as proyided in subsection ~ above, the board of
county commissioners "'lit shall adopt the proposed amend-
ment or the proposed amendment as modified by not less than a
majority of its total membership.
Section 2.
If any section, subsection, sentence, clause or pro.
vision of this Ordinance is held invalid, the remainder of this Ordinance
shall not be affected by such invalidity.
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Section 3.
All ordinances or pElrts of ordinances in conflict with
this Ordinance are hereby repealed to the extent of said conflict.
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Sponsor's Name.
".~.-
ORDINANCE NO.
-1988
PD149
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AN ORDINANCE AMENDING SECTION 9.5-511, MONROE COUNTY
CODE IN ORDER TO PROVIDE FOR NOTICE TO BOTH THE AFFECT-
ED PROPERTY OWNERS AND THE GENERAL PUBLIC OF HEARINGS OF
THE PLANING COMMISSION AND BOARD OF COUNTY COMMISSIONERS OF
THE PROPOSED AMENDMENTS TO THE LAND USE DISTRICT MAPS, BOTH
FOR CHANGES INVOLVING LESS THAN 5 PERCENT, AND 5 PERCENT OR
MORE OF THE TOTAL COUNTY LAND AREA; THE NUMBER OF HEARINGS
REQUIRED; THE REQUIREMENT OF ADVERTISING IN A LOCAL NEWSPA-
PER, THE SIZE AND CONTENT OF TIlE ADVERTISEMENT, ITS EXCLU-
SION FROM TIlE NEWSPAPER'S LEGAL SECTION; THE SEQUENCING AND
SPACING OF ADVERTISEMENTS AND HEARINGS; THE TIME OF DAY FOR
CERTAIN HEARINGS; THE CRITERIA WHICH TIlE BOARD MAY CONSIDER
IN DECIDING WHETHER TO ENACT A GHANGE OF A LAND USE DIS-
TRICT DESIGNATION BY ORDINANCE; THE REQUIREMENTOF VOTE OF 4
COUNTY COMMISSIONERS WHEN A PROPOSED CHANGE IS OPPOSED BY A
SUFFICIENT NUMBER OF CITIZENS; DISCUSSION OF WHAT CONSTI-
nrrES A QUORUM OF COUNTY COMMISSIONERS HEARING THESE PRO-
POSED AMENDMENTS; TRANSMISSION OF APPROVED MAP AND TEXT
AMENDMENTS TO TIlE STATE LAND PLANNING AGENCY; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDI-
NANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPO-
RATION INTO THE MONROE COUNTY CODE; AND PROVIDING FOR
AN EFFECTIVE DATE.
Ul
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
Section 1. Section 9.5-511(d)(3-S) , Monroe County Code, is
hereby amended to read as follows:
Section 1. Sec. 9.S-S11(d)(3)-(S), Monroe County Land Development Regulations, is
hereby amended to read as follows:
3. a. Plannin~ commission public he~rin~s.
Except as required in paragraph (c), the planning commission shall hold at least one
(1) public hearing on any proposed amendment to the text of the land development
regulations. Notice for such hearing may be by title only and shall be given at least 15
days prior to the date of the hearing by publication.
E xII 'SIT 8
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b. If a proposed land use district. map amendment involves less than 51 of the
total land area of the County, the Planning Commission shall direct its clerk to notify
by mail each real property owner whose land is proposed for a land u~e district map
amendment whose address is known by reference to the latest ad valorem tax records. Such
notice shall be given at least 30 days prior to the date set for the public hearing and
shall be kept available for public inspection during the regular business hours at county
offices. In addition, notice of a proposed land use district map amendment shall be
provided by the publication of an advertisement of no less than one-quarter-page
and the headline in the advertisement to be in a type no smaller than 18 point. The
advertisement shall not be published in that portion of the newspaper where legal notices
and classified advertisements appear. The advertisement shall be published in a
newspaper of general paid circulation in the county and of general interest and
readership, not one of limited subject matter. The advertisement shall be in the
following form: Q
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.'
NOTICE .oF CHANGE .oF LAND USE REGULATI.oNS
Monroe County proposes to regulate the use of
land within the area shown in the map in this
advertisement. Public hearings on the proposal
will be held on (date & times) at (meetin~
places) .
The advertisements also shall contain a location map which clearly indicates the area
covered by the proposal. The map shall include major street names as a means of
identification of the area.
c. If the land use district map amendment involves 51 or more of the
total land area of the County, the Planning Commission shall hold two public hearings on
the proposed land use map redesignation. Both hearings shall be held after 5:00 P.M. on
a weekday and the first shall ~e held approximately 'seven (7) days after the first
advertisement is published. The second hearing shall be held approximately two (2)
weeks after the first hearing and shall be advertised approximately five (5) days prior
to the public hearing. The day, time and place at which the second public hearing will
be held shall be announced at the first public hearing. The published notice required
~y this paragraph shall be provided by the publication of an advertisement of no less
than one-quarter (1/4) page size and the headline to be in a type no smaller than 18
point. The advertisement shall not be published in that portion of the newspaper where
legal notices and classified advertisements appear.
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File No. 0149
The advertisement shall be published in a newspaper of general paid circulation in the
County and of general interest and readership, not one of limited subject matt~r. The
advertisement shall be in the following form:
NOTICE OF CHANGE OF LAND USE REGULATIONS
Monroe County proposes to regulate the use of
land within the area shown in the map in this
advertisement. Public hearings on the proposal
will be held on (date & times) at (meetin2
places) .
The advertisements also shall contain a geographic location map which clearly indicates
the area covered by the proposal. The map shall include major street names as a means
of identification of the area.
4. Action by plannin2 commission. The planning commission shall review the
application, the reports and recommendations of the Department of Planning and the
Development Review Committee, and the testimony given at the public hearing, and shall
submit its recommendations and findings on the proposed text or district map amendment Q
to the Board of County Commissioners.
S. Board of county commissioners public hearin2s.
Except as required in paragraph (c), the board of county commissioners shall hold at
least one public hearings on any proposed amendment to the test of the land development
regulations. Notice for such hearing may be by title only and shall be given at least
15 days prior to the date of the hearing. Notice shall be made by the Clerk of the Board
and shall be kept in a separate book open to public inspection during regular business
hours.
b. If a proposed land use district map amendment involves less than 5% of
the total land area of the county, the board of county commissioners shall direct its
clerk to notify by mail each real property owner whose land is proposed for a land use
district map amendment whose address is known by reference to the latest ad valorem tax
records. Such notice shall be given at least 30 days prior to the date set for the
public hearing and shall be kept available for public inspection during the regular
business hours at county offices. In addition, notice of a proposed land use district
map amendment shall be provided by the publication of an advertisement of no less than
one-quarter page size and the headline in the advertisement to be in a type no smaller
than 18 point. The advertisement shall not be published in that portion of the
newspaper where legal notices and classified advertisements appear. The advertisement
shall be published in a newspaper of general paid circulation in the County and of'
general interest and readership, not one of limited subject matter. The advertisement
shall be in the following form:
NOTICE OF CHANGE OF LAND USE REGULATIONS
Monroe County proposes to regulate the use of
land within the area shown in the map in this
advertisement. Public hearings on the proposal
will be held on (date & times) at (meetin2
places) .
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File No. 0149
The advertisements also shall contain a geographic location map which clearly indicates
the area covered by the proposal. The map shall include major street names as a means
of identification of the area.
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c. If the land use map amendment involves more than 5~ of the total land
area of the county, the board of county commissioners shall hold two public hearings on
the proposed land use map redesignation. Both hearings shall be held after 5:00 P.M. on
a weekday and the first shall be held approximately seven (7) days after the first
advertisement is published. The second hearing shall be held approximately two (2)
weeks after the first hearing and shall be advertised approximately five (5) days prior
to the public hearing. The day, time and place at which the second public hearing will
be held shall be announced at the first public hearing. The published notice required
by this paragraph shall be provided by the publication of an advertisement of no less
than one-quarter (1/4) page size and the headline to be in a type no smaller than 18
point. The. advertisement shall be published in a newspaper of general paid circulation
in the county and of general interest and readership, not one of limited subject
matter. The advertisement shall be in the following form:
NOTICE OF CHANGE OF LAND USE REGULATIONS
Monroe County proposes to regulate the use of
land within the area shown in the map in this
advertisement. Public hearings on the proposal
will be held on (date & times) at (meetin~
places) .
o
The advertisements also shall contain a geographic location map which clearly indicates
.... the area covered by the proposal. The map shall include major street names as a means
of identification of the area.
6. Action by the board of county commissioners followin~
public hearin~s.
a. The board of county commissioners shall consider the report and
recommendation of the Department of Planning, the Development Review Committee, and the
Planning Commission and the testimony given at the public hearings.
b. The board of county commissioners may consider the adoption of an
ordinance enacting the proposed map or text amendment based on one or more of the
following factors:
(i) changed projections (e.g., regarding public service needs) from
those on which the text or boundary was based, the current capital
facilities report may be considered for the purpose of this factor;
(ii) changed assumptions (e.g., regarding demographic trends);
(iii)data errors, including errors in mapping, vegetative types and
natural features described in Volume I of the Plan;
(iv) new issues;
(v) recognition of a need for additional detail or comprehensiveness;
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Section 1. Vol. II, Chapter X, Section C(4)(c), Monroe County Comprehensive Land
Use Plan, is hereby amended to read as follows:
c. Public Hearings.
"The Planning Commission, sitting as the l.p.a., and the Board of County
Commissioners shall both conduct their respective hearings according to the procedure
set forth in F.S. 163.3184(15)."
Section 2. Vol. II, Chapter X, Sec. C (4)(e), Monroe County Comprehensive Land
Use Plan, is hereby amended to read as follows:
e. Action by Board of County Commissioners following public hearing(s).
(1)
The Board of County Commissioners shall consider the
report and recommendation of the Department of Planning, the Development Review
Committee, and the Planning Commission and the testimony given at the public
hearings.
(t
(2) The Board of County Commissioners may consider the
adoption of an ordinance enacting the proposed change based on one or more of
the following factors:
(i) changed projections (e.g., regarding public
needs) from those on which the text was based, in evaluating changed
conditions the current capital facilities shall be considered
probative;
(ii) changed assumptions (e.g., regarding demographic
trends);
(iii)data errors, including errors in mapping, ,
vegetative types and natural feat~res described in Volume I of this
Plan;
(iv) new issues;
(v) recognition of ~ need for additional detail or
comprehensiveness; or
(vi) data updates;
(vii)consistency with F.S. 380.0552(7)(a)-(h)
Provided, however, that in no event shall an amendment be approved which will
result in an adverse community change of the Planning Area in which the proposed
development is located.
(3) The Board of County Commissioners may adopt the proposed amendment or the
proposed amendment as modified by not less than a majority of its total membership."
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(vi) data updates; provided however, that in no event shall an
amendment be approved which will result in an adverse community change
of the Planning Area in which the proposed development is located;
(vii)consistency with Volumes I and II, Florida Keys Comprehensive
Plan and consistency with F.S. 380.0552(7)(a)-(1).
c. In the event a proposed land use district map amendment is opposed by
twenty percent (20%) or more of the adjoining property holders the amendment shall not
become effective except by the favorable vote of four members of the board of county
commissioners.
d.
commissioners
majority vote
is taken.
Except as provided in paragraph (c) above, the board of county
may adopt any proposed land use district map or text amendments by a
of the commission membership in attendance at the meeting where the vote
e. As long as approval by the state land planning agency is required by
F.S. 380.0SS2(9) and unless otherwise provided by general law, the board of county
commissioners shall transmit to the agency by resolution all approved map and text Q
amendments upon the conclusion of the public hearings described herein. There shall be
two resolutions. one for approved text amendments and one for approved map amendments."
Section S-309(E), Monroe County Land Development Regulations, codified as Section
9.S-69(e), Monroe County Code, is hereby amended to read as follows:
E. Appeal of a Development Order Issued by the Planning Commission: If the
applicant, an adjacent property owner, or any aggrieved or adversely affected person, as
defined by 163.3215(2), F.S. (1987), or any person or any person who presented testimony
or evidence at the public hearing conducted pursuant to Section 5-309(C). requests an
appeal within thirty (30) days after the mailing by the Director of the notice required
in Sec. 5-309(D), the Board of County Commissioners shall consider the development order
on the record established before the Planning Commission. The Board, after considering
such record and such argument based on the record that the appellant(s) and appe1Iee(s)
may choose to present, shall affirm, reverse or modify the decision of the Planning
Commission. or remand with specific directions to the Planning Commission in compliance
with the applicable portions of the Comprehensive Land Use Plan and the development
regulations. Otherwise, the development order shall be placed on the consent agenda of
the next regularly scheduled meeting of the Board of County Commissioners following the
expiration of the thirty (30) day period described in this section. A majority vote of
the County Commissioners may remove a development order from the consent agenda. but
such vote may only be taken at a regularly scheduled meeting of the Board held during
the thirty (30) day period described in this section. A development order removed from
the consent agenda by the Commissioners shall also be considered on the record
established before the Planning Commission.
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words "or boundary" after the word "text" in Subparagraph
(i) above; and insert the following language at the
beginning of Subparagraph (3) above:
r
"In the event of a written protest against
such amendment signed by twenty percent
(20%) or more either of the area of the
lots or land included in the proposed
amendment or of the lots or land immedi-
ately adjoining the property to be affected
and extending two hundred feet (200')
thereform, such amendment shall not become
effective except by the favorable vote of
four (4) members of the Board of County
Commissioners."
and also to eliminate Section 3 on Page 240 of Volume II of
the Comprehensive Plan. Motion carried unanimously.
Motion was made by Commissioner Stormont and
seconded by Commissioner Jones to continue to March 1st the
following amendments: PD 4, PD 17, PD 20, PD 43, PD 44,
PD 66, PD 75, PD 76, PD 83, PD 98, PD 99, PD 100, PD 101,
PD 102, PD 104, PD 130. Motion carried unanimously.
*
*
*
*
*
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