04/11/1989 Special
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Special Meeting/Public Hearing
Board of County Commissioners
Tuesday, April 11, 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 Eugene Lytton, Commissioner John Stormont, and
Mayor Michael Puto. Also present were Rosalie L. Connolly,
Deputy Clerk; Randy Ludacer, County Attorney; Garth Coller,
Assistant County Attorney; Tom Brown, County Administrator;
County Staff; members of the Press and Radio; and the
general public.
The Board entered into a general discussion con-
cerning Budget Policy and also the Blue Ribbon Budget Review
Committee.
Randy Ludacer, County Attorney, addressed the Board
concerning a proposed Resolution regarding the Translator
System and Hank Naubereit. Motion was made by Commissioner
Harvey and seconded by Commissioner Lytton to add this item
to the Agenda. Roll call vote was taken with the following
results:
Commissioner Harvey
Commissioner Jones
Commissioner Lytton
Commissioner Stormont
Mayor Puto
Yes
Yes
Yes
No
Yes
Motion failed because such action requires unanimous vote.
The Deputy Clerk was then presented with a written request
signed by the Mayor to call a Special Meeting at 3:00 p.m.
for the purpose of considering passage of this proposed
Resolution. The meeting was then recessed in order to allow
the Deputy Clerk to take the necessary steps to notify the
media of such Special Meeting.
Charles Aguero, MSD Manager, addressed the Board
and requested that an item concerning the DER Consent
Agreement be added to the Agenda. Motion was made by
Commissioner Lytton and seconded by Commissioner Jones to
add such item to the Agenda. Roll call vote was unanimous.
The Deputy Clerk announced that this item would be added as
Item C-5.
Garth Coller, Assistant County Attorney, addressed
the Board regarding 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 followed in the
Amendment Hearings.
PD 7lA Amending Section 9.5-267, Monroe County Code,
in order to provide for an increase in the allocated (rooms
per acre) density.
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Jim Mattson, attorney, addressed the Board. After
discussion, motion was made by Commissioner Lytton and
seconded by Commissioner Harvey to revisit Amendment PO 7lA
later in this Hearing. Motion carried unanimously.
STM 49 Amending Section 9.5-4(5- ), 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 or
duration, e.g. 25-year or 3-day
storm. "
Dave Koppel, County Engineer, addressed the Board. After a
lengthy discussion, motion was made to remove the word "or"
after the word "frequency" and to insert the word "and" in
lieu thereof and also to delete the word "or" after the
words "25-year" in the third line above. Motion carried
unanimously.
Donald Craig then addressed the Board concerning
the Stormwater Management Amendments (PDSTM 1 - PDSTM 64 and
PD l20A) being brought back to the Board and advised that
these now represent agreement between the Planning
Commission, Staff, and the County Engineer. David Koppel,
County Engineer, addressed the Board and verified that the
modifications by the Planning Commission have now been
incorporated in all Amendments.
BULK APPROVAL
Motion was made by Commissioner Lytton 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."
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:
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"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, and agri-
cultural uses under the comprehensive plan."
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 water1 TO
READ AS FOLLOWS:
"Aquifer: Underground formation permeable
enough to transmit, store, or yield quanti-
ties of salt or fresh water."
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 1 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
or managing stormwater runoff."
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 manipulation1 TO READ AS FOLLOWS:
"Clearing and Grubbing: Clearing of land,
including clearing or removal of vegeta-
tion and including any significant
disturbances of vegetation or substrate
(soil) manipulation. Clearing is a
development activity as defined by Monroe
County Code 9.5-4."
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 activitY1 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."
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 reased1 TO READ AS FOLLOWS:
"Control Elevation: The lowest point
above sea level at which water can be
released through the control structure."
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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 water1 TO READ AS FOLLOWS:
"Control Structure: Element of a storm
water management structure which controls
the release or flow of the storm water
within any storm water management system."
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
10cation1 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 new materials
in that area."
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 discharge1 TO
READ AS FOLLOWS:
"Detention: The delay of stormwater
runoff prior to discharge into receiving
waters."
STM 11 Amending Section 9.5-4(0- ), Monroe County Code,
in order to provide for a definition of Discharge, Direct
which shall mean discharge stormwater through a control
structure1 TO READ AS FOLLOWS:
"Discharge, direct: Discharge of
stormwater through a control structure to
the receiving water body."
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 structure1 TO READ AS
FOLLOWS:
"Discharge Structure: A structural
device through or over which water is
released from a stormwater management
structure."
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 water1 TO READ
AS FOLLOWS:
"Drain: A channel, pipe or duct for con-
veying water."
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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 of that area."
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."
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 at a point
immediately beyond the well's area of
influence."
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:
"Dredging: Excavation below water level
within a waterbody and/or in wetlands."
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 run-
off prior to discharge into receiving
waters within an area having a bottom
elevation above the water table."
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:
"Dry Retention: The containment of all
stormwater runoff in an area having a
bottom elevation above the water table."
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:
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"Erosion: The washing away or scouring
of soil by water or wind action."
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."
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 un-
consolidated, deposited on land or in
water."
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 or 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 or other surface
waters."
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 anticipated cyclic
return period of a storm event (e.g.
25-year storm)."
STM 25 Amending Section 9.5-4(F- ), Monroe County Code,
in order to provide for a defnition of Freshwater Lens which
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."
STM 26 Amending Section 9.5-4(G- ), Monroe County Code,
in order to provide for a definition of Groundwater which
shall mean water beneath the ground surface; TO READ AS
FOLLOWS:
"Groundwater: Water beneath the surface
of the ground."
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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
rate; TO READ AS FOLLOWS:
"Hydrograph: A graph of flow rate of
discharge."
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 cy1e of evaporation
and precipitation of moisture between the
earth and the atmosphere."
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 cycle changes (daily
or seasonal) in the amount of water in a
wetland or deep water habitat."
STM 30 Amending Section 9.5-4(1- ), Monroe County Code,
in order to provide for a definition of Impervious Surface
which shall mean a surface that prevents the penetration of
water; TO READ AS FOLLOWS:
"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 clay."
STM 31 Amending Section 9.5-4(1- ), 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: Discharge of
stormwater from a system by means other
than a control structure (e.g., spreader
swa1e, sheet flow)."
STM 32 Amending Section 9.5-4(1- ), 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:
"Isolated Wetlands: Those areas dom-
inated 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."
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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."
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."
STM 35 Amending Section 9.5-4(N- ), 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."
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."
STM 37 Amending Section 9.5-4(0- ), 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."
STM 38 Amending Section 9.5-4(P- ), Monroe County Code,
in order to provide for a definition of Predevelopment
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:
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"Predevelopment Condition for Stormwater
Runoff: Topography, vegetation, rate,
volume, direction and pollution load of
surface or groundwater flow existing
immediately prior to development."
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 development. Improve-
ments shall include the subdivision of
land. "
STM 40 Amending Section 9.5-4(P- ), 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."
STM 41 Amending Section 9.5-4(R- ), Monroe County Code,
in order to provide for a definition of Rate which shall
mean volume per unit of time~ TO READ AS FOLLOWS:
"Rate: Volume per unit of time."
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 means: waterbody,
water course, or wetland to which surface
or discharge water flows."
STM 43 Amending Section 9.5-4(R- ), 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
natural or artificially."
STM 44 Amending Section 9.5-4(R- ), 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:
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"Record Drawing, Stormwater Management:
The system plans specifying the locations,
dimensions, elevations, capacities, and
capabilities of structures or facitilties
for controlling runoff as they have been
constructed as submitted by the project
contractor or engineer, as appropriate."
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 storage of a specific
volume of stormwater runoff within a
defined area having no direct discharge
into receiving waters; included as
examples are systems which discharge
through percolation, filtered bleeddown
and evaporation processes."
STM 46 Amending Section 9.5-4(R- ), Monroe County Code,
in order to provide for a definition of Runoff Coefficient
(c) which shall mean the standardized factor from which
runoff can be calculated; TO READ AS FOLLOWS:
"Runoff Coefficient (c): Dimensionless
factor representing the ratio of runoff
to rainfall. It is used to calculate the
approximate stormwater runoff from any
surface area."
STM 47 Amending Section 9.5-4(S- ), 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 can be
transported by the movement of water and
deposited on the bottom of a water body
or water course."
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 discharge of stormwater
in excess of the retained or detained
volume over a broad area."
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:
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"Storm Event: The occurance of a rainfall
of specified frequency and duration, e.g.
25-year 3-day storm."
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: That volume of rain-
fall which does not percolate into the
ground, nor evaporate or is intercepted
before reaching the stormwater management
system."
STM 51 Amending Section 9.5-4(S- ), 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."
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 stormwater within the designated
area."
STM 53 Amending Section 9.5-4(s- ), 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."
STM 54 Amending Section 9.5-4(S- ), 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:
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"Swale: A shallow constructed ditch with
the bottom above the water table."
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:
"Waterbody or Surface Water: A natural
or artificial watercourse, pond, bay, 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."
STM 56 Amending Section 9.5-4(W- ), Monroe County Code,
in order to provide for a definition of Water or Community
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:
"Water(s) or Community Water: All water
on or beneath the surface of the ground,
including the water in any watercourse,
waterbody or wetland."
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."
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
specified volume of stormwater for a
specified period of time."
STM 59 Amending Section 9.5-4(W- ), 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
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storage of a specified volume of storm-
water without discharge from the retention
si te. "
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:
"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."
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: Temporary storage or
delay or movement of stormwater runoff
within a defined area prior to discharge
into receiving waters and having a
bottom elevation below the water table."
STM 62 Amending Section 9.5-4(W- ), 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 storage of a
specified volume stormwater runoff within
a defined area having a bottom elevation
below the water table."
STM 63 Amending Section 9.5-4(W- ), Monroe County Code,
in order to provide for a definition of Wet Season Water
Table which shall mean the groundwater level during the time
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."
STM 64 Amending Section 9.5-4(W- ), Monroe County Code,
in order to provide for a definition of Wetlands which shall
mean those areas as specified in Section 403.91l, F.S.; TO
READ AS FOLLOWS:
"Wetlands: As defined by Section 403.911,
Florida Statutes."
PD 120A Amending Ordinance establishing criteria for
managing stormwater runoff in Monroe County, Florida, in a
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I
manner which will allow for maintenance of public health,
safety, and welfare; defining terms used in conjunction with
this Ordinance, requiring stormwater management plans for
new development within the County which are not exempt from
this Ordinance; providing for the development of a manual of
stormwater management practices; establishing procedures for
maintenance and inspection of stormwater management facili-
ties; requiring the Development Review Committee to sit as
the Stormwater Management Review Board; allowing for fines
and penalties for non-compliance with this Ordinance; TO
READ AS FOLLOWS:
See "EXHBIIT A" attached hereto and made a
part hereof.
Motion carried unanimously.
PD 123 Creating Section 9.5-309, Monroe County Code,
in order to provide for fence standards of height, construc-
tion materials, exclusion where it would interfere with safe
street access, location in bufferyards, permitted fence
attachments, limitation in the Big pine Key Area of Critical
County Concern, and requirement of a Building Permit.
Mr. Craig presented to the Board the following amendment as
finally approved by the Planning Commission:
"It is the purpose of this section to
regulate fences and free-standing walls
in order to protect the public health,
safety, and welfare.
(a) Height: In general, all fences shall
not exceed six (6) feet in height except
as follows:
(1) When it is necessary to use a
fence to contain public athletic activity,
the fence may exceed six (6) feet to a
maximum of twelve (12) feet, and be
designed not to impair visibility, and
such fences shall be subject to a minor
conditional use approval;
(2) No fence shall be located
within a clear-sight triangle as defined
by this chapter that interferes with the
safe and adequate view of vehicles and
pedestrians utilizing streets and side-
walks;
(3) No fence shall exceed four (4)
feet in height in any front or side yard
when such a yard is adjacent to a public
street.
(b) Use: Fences may be allowed as
accessory uses within any land use district
and without a principal use existant where
upland security is required as otherwise
permitted in section 9.5-288.
(c) Construction material: Fences may
be constructed of natural or man-made
materials including, but not limited to
brick, lumber, stone, metal, plastic,
concrete, and masonry:
(1) All materials shall be approved
by the planning director as in conformance
with the visual character of the surround-
ing neighborhood and community character;
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(2) No barbed or razor wire shall
be permitted except in the industrial
district with the approval of the planning
director.
(d) Attachments to fences: No attach-
ments to fences shall be allowed including
barbed and ribbon wire, electrical lights,
signs projecting above six (6) feet from
the ground level, broken glass or metal
strips except as a minor conditional use
approval.
(e) Big Pine Key Area of Critical County
Concern: No fences shall be erected here
until such time as this chapter is amended
to provide for the regulation of fences
within the ACCC.
(f) Required permit: All fences shall be
constructed pursuant to a building permit
issued by the Monroe County Building
Department.
(g) Limited clearing to allow construction
of protective fences and gates may be per-
mitted if the following design standards
have been met:
(1) Such limited clearing does not
occur in scenic highway corridors
established and adopted in this chapter.
(2) Limited clearing shall not
remove Native vegetation that would pro-
vide for the minimum buffer required in
division 11 section 9 of this chapter.
(3) Existing tree canopies within
hardwood and pineland hammocks are not
removed."
Motion was made by Commissioner Lytton and seconded by
Commissioner Jones to remove the word "public" in sub-
paragraph (a)(l) above. Motion carried unanimously. Grace
Mannillo addressed the Board. Motion was made by
Commissioner Lytton and seconded by Commissioner Jones to
reword subparagraph (a) to read as follows:
"(a) In general, all fences shall be
measured from the highest point of any
lot and shall not exceed six (6) feet
in height except as follows:"
Motion carried unanimously. Maria Abadal and Fred Tittle
addressed the Board. Motion was made by Commissioner
Stormont and seconded by Commissioner Lytton to accept the
Planning Commission's recommendation for approval as amended
above and also to approve the addition of the following sub-
paragraphs (h), (i), (j), and (k).
"(h) The rear setback requirements with
regard to structures enumerated in the
Land Development Regulations of the
Monroe County Comprehensive Plan shall
not apply to fences and/or hedges six (6)
feet or less in height. The side setback
requirements enumerated in this chapter
shall not apply to fences and/or hedges
six (6) feet or less in height from the
rear lot line to the front setback line.
Front setback requirements enumerated in
this chapter shall not apply to fences
and/or hedges four (4) feet high or less,
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nor shall they apply to chain link fences
five (5) feet high or less. No fence
shall be erected that would violate the
requirements providing for clear sight
triangles found in Sec. 9.5-427, Monroe
County Code.
(i) Within land use districts UC, SC,
I, MI, and AD, fences may be constructed
to a height of six (6) feet, under the
same provisions of the foregoing Sec.
9.5-309, on all sides if compatible with
provisions of the Land Development Regula-
tions of the Monroe County Comprehensive
Plan.
(j) The use of a fence shall not negate
bufferyard requirements and standards;
however, fences may be located within
required bufferyards provided that they
are located along the inside or outside
edge of the required bufferyard and that
existing native vegetation provides the
cover in the required bufferyard. No
clearing will be permitted to facilitate
the construction of fences located within
a required bufferyard except as provided
above.
(k) No fence shall be placed so as to
extend into or through any wetlands or
water bodies, or extend beyond the mean
high tide line on any property. Fences
placed on any structure other than land
shall not violate height requirements for
that structure. In no event shall fences
be approved if they restrict fire and
emergency access to individual or adjacent
properties."
Motion carried unanimously.
The Board entered into a discussion regarding pro-
posed amendments concerning Destination Resorts - PD lOA,
PD 14, PD l8A, PD l8B, PD 20, PD 21, PD 63 and PD 7lA - and
the Planning Department's review and revision of
Commissioner Stormont's memorandum of March 20th. Fred
Tittle, Jim Mattson, Eva Schofield, Lloyd Good and Dagny
Johnson addressed the Board. Motion was made by
Commissioner Lytton and seconded by Commissioner Stormont to
reschedule all related Destination Resort proposed amend-
ments to 3:00 p.m. on Tuesday, May 2nd, at Key Colony Beach
for the purpose of reviewing for adoption and also the
Planning Department's review and revision of Commissioner
Stormont's memorandum of March 20th. Roll call vote was
unanimous. Staff was directed, in this particular instance
since a revised concept is being offered, that any
Destination Resort owner will be so notified of the meeting.
The Board recessed for lunch.
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The Board reconvened with all Commissioners pre-
sent.
The Board entered into a discussion concerning
amendments regarding Affordable Housing. Motion was made by
Commissioner Lytton and seconded by Commissioner Harvey to
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189
defer proposed amendments concerning Affordable Housing -
PD l44E, PD 161, PD 162, PD 163 - pending completion of the
study being done by the Monroe County Affordable Housing
Task Force. Roll call vote was unanimous.
PD 81 Amending Section 9.5-239(a)(4), Monroe County Code,
in order to provide for the addition of development as of
right for communication towers on parcels of at least one
acre~ TO READ AS FOLLOWS:
"(4) Communications towers, provided that:
(a) The parcel proposed is at least
one acre, and
(b) The tower is set back from the
property line a distance equal to the
height of the tower, and any guy
supports are set back twenty (20)
feet from any property line."
Motion was made by Commissioner Stormont and seconded by
Commissioner Jones to change the above to Section
9.5-239(c)(4) and to make it a major conditional use.
Motion carried unanimously.
PD 83 Amending Section 9.5-24l(a)(3), Monroe County Code,
in order to provide for the replacement of the word
. Beekeeping with the word Agriculture. This allows a wider
range of agricultural uses on offshore islands~ TO READ AS
FOLLOWS:
"(a)(3)...Agriculture"
Motion was made by Commissioner Jones and seconded by
Commissioner Stormont to deny. Dagny Johnson addressed the
Board. Roll call vote was taken with the following results:
Commissioner Harvey
Commissioner Jones
Commissioner Lytton
Commissioner Stormont
Mayor Puto
No
Yes
No
Yes
Yes
Motion carried.
PD 84 Amending Section 9.5-242(b)(3), Monroe County Code,
in order to provide for the allowance of community parks and
public buildings and uses as major conditional uses within
the Improved Subdivision (IS) District~ TO READ AS FOLLOWS:
"(3) Parks~
(4) Public buildings and uses."
Dagny Johnson of the Upper Keys Citizens Association, Vern
Pokorski of the Big Pine Civic Association, and Grace
Mannillo addressed the Board. After lengthy discussion,
motion was made by Commissioner Stormont and seconded by
Commissioner Jones to approve to permit as major conditional
uses within the Improved Subdivision (IS) District:
"(3) Public Parks
(4) Schools and Fire Stations"
Motion was then made by Commissioner Harvey and seconded by
Commissioner Lytton to amend to eliminate Fire Stations.
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190
Roll call vote was taken with the following results:
Commissioner Harvey
Commissioner Jones
Commissioner Lytton
Commissioner Stormont
Mayor Puto
Yes
No
Yes
Yes
No
Motion carried. Roll call vote was unanimous on the origi-
nal motion as amended.
Mr. Craig addressed the Board. Motion was made by
Commissioner Lytton and seconded by Commissioner Jones to
accept Staff's recommendation to carry forward to May 2nd at
9:00 a.m. the remaining proposed Text Amendments: PD 85A,
PD 87, PD 89, PD 91, PD 92, PD 93, PD 94, PD 109. Motion
carried unanimously.
Motion was made by Commissioner Lytton and seconded
by Commissioner Jones to add on to the Agenda the subject of
travel authorization for a representative of the Planning
Commission to travel to the National Association of Planners
Conference. Motion carried unanimously. Motion was then
made by Commissioner Lytton and seconded by Commissioner
Jones to authorize travel for Grace Mannillo of the Monroe
County Planning Commission to attend the National
Association of Planners Conference in Atlanta, Georgia on
April 29 - May 3. Motion carried unanimously.
Motion was made by commdssioner Lytton and seconded
by Commissioner Harvey to add on to the Agenda the subject
of travel authorization to Ft. Lauderdale for a Regional
Solid Waste Seminar. Motion carried unanimously. Motion
was then made by Commissioner Lytton and seconded by
Commissioner Harvey to authorize travel for Commissioner
Harvey, the County Administrator and the Solid Waste
Administrator to Ft. Lauderdale for a Regional Solid Waste
Seminar on April 18 - April 20. Motion carried unanimously.
The Board recessed for a Special Meeting regarding
the Translator System.
*
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*
The Board reconvened with all Commissioners pre-
sent.
william Stronge, President of Regional Research
Associates, addressed the Board and presented the results of
the Quality of Life Survey prepared by his organization.
Harry Sawyer, Supervisor of Elections, addressed
the Board.
Tom Long, Court Administrator, addressed the Board
and discussed the Court video communications project and
also the need for space for the Guardian Ad Litem and
Pre-Trial Services projects.
After discussion, motion was made by Commissioner
Stormont and seconded by Commissioner Jones requesting the
Constitutional Officers to provide the Board of County
Commissioners with line-item budgets and directing the
County Administrator to so notify the Constitutional
Officers. Motion carried unanimously.
I
00 1 9 1
The Board accepted the following Schedule for the
1990 Budget Cycle:
DATE
ACTIVITY
April 11
April 17
Budget Policy Workshop with B.O.C.C.
Budget submittal instruction to Board Depart-
ments and Agencies.
May 17
May 18
May 19
May 23
May 24
May 25
June 1
Internal Budget Review with the Budget Officer:
Division of Management Services
Division of Growth Management
Division of Community Services
Division of Public Works
Division of Public Safety
Municipal Services District & Capital Equipment
ranking and Human Service Organization Review.
. June 1
Submission of the budget request to State
Department of Revenue with copy to B.O.C.C.
from Property Appraiser.
Submission of the budget request from the
Sheriff, County Clerk, Supervisor of
Elections, and Board Departments to the
Budget Officer.
July 1
July 11
July 12
July 13
July 18
July 31
Property Appraiser certifies Assessment of all
property values (extension may be granted).
Budget Workshop with B.O.C.C. at Key Colony
Beach.
Budget Workshop with B.O.C.C. at Key Colony
Beach.
Budget Workshop with B.O.C.C. at Key Colony
Beach.
Submission of Tentative Budget at regular
B.O.C.C. meeting in Marathon.
Special B.O.C.C. meeting to select dates for
Public Hearings and B.O.C.C. certifies the
proposed Millage Rates to the Property
Appraiser.
August 1
Submission of budget request to State Depart-
ment of Revenue with a copy to the Board from
the Tax Collector.
T.B.A.*
First Public Hearing after 5:00 p.m. between
65 and 80 days after the Property Appraiser
certifies the assessment.
Second Public Hearing also after 5:00 p.m.
(within 15 days) to adopt Final Budget and
Millage Rates.
The Board discussed the Blue Ribbon Budget
Committee. Commissioner Harvey appointed John Koenig and
T.B.A.*
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192
Orvis Kemp to the Blue Ribbon Budget Committee. Commis-
sioner Jones appointed Fred Sellers and Glendon OWens to
the Blue Ribbon Budget Committee. Motion was made by
Commissioner Jones and seconded by Commissioner Harvey to
authorize travel and per diem for members of the Blue Ribbon
Budget Committee. Motion carried unanimously.
Tom Brown, County Administrator, presented to the
Board the Public Opinion Survey results for 1989.
The Board discussed funding requests made by the
Human Service Organizations and directed the County
Administrator to ascertain those organizations receiving
service from the State or elsewhere.
~
The Board discussed centralization of Baker Act
Services and directed the County Administrator to advise the
directors of the three health clinics that this is something
desired by the Board.
Donald Craig, ACA/Growth Management Division,
addressed the Board regarding proposed changes in Impact
Fees and User Fees. Motion was made by Commissioner Lytton
and seconded by Commissioner Jones to authorize an Impact
Fee Study for Fire/Rescue/Emergency Services at a cost of
$6,000.00 to be paid by Growth Management Division. Motion
carried unanimously. Motion was made by Commissioner Lytton
and seconded by Commissioner Stormont to bring back to the
Board the most appropriate expeditious legal mechanism to
accomplish the proposed changes in Impact Fees and User Fees
as set forth in Donald Craig's memorandum of April 4, 1989
attached hereto as "EXHIBIT B" and made a part hereof. Roll
call vote was unanimous.
The County Administrator addressed the Board.
Motion was made by Commissioner Lytton and seconded by
Commissioner Stormont to approve a lump sum C.O.L.A. of
5.0%. Motion carried unanimously.
Motion was made by Commissioner Lytton and seconded
by Commissioner Harvey to continue with the 2% and 4% merit
increase system. Motion carried unanimously.
The Board entered into a discussion of the Video
Communications Project.
The County Administrator presented, for infor-
mational purposes, a proposal to expand the Purchasing
Office to include bulk purchasing.
The Board discussed a Cost-Benefit Ratio Study (tax
equalization study). Motion was made by Commissioner Jones
and seconded by Commissioner Stormont to bring back this
item next year and address it after the Census and then con-
sider no more legal threats against the system as to bene-
fits ratio. Motion carried unanimously.
The Board discussed the feasibility of obtaining
funds from the Governor's Energy Office/Federal Agencies for
application to new buildings the County may construct.
The Board discussed the possibility of acquiring
additional County-wide recreation facilities.
Mr. Brown presented and the Board discussed various
State Mandates and local requirements.
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193
Bob Harris of Post, Buckley, Schuh & Jernigan
addressed the Board concerning Capital Improvement Projects.
After lengthy discussion, motion was made by Commissioner
Stormont to ask for a special referendum no later than
August for a one cent infrastructure sales tax and if that
fails, to keep a one mill tax of ad valorem and direct the
County Administrator to set up a "high" budget. Motion
carried unanimously.
The Board discussed the ad valorem rate for Fiscal
Year 1990.
~
Charles Aguero, MSD Manager, addressed the Board
regarding the DER Consent Order. Motion was made by
Commissioner Harvey and seconded by Commissioner Lytton to
approve and authorize execution of a letter to DER proposing
that the County remove the road on Key Largo known as "Road
to Nowhere" or "Harry's Road" and thus meet and satisfy all
of the obligations under the DER Consent Order. Motion
carried unanimously.
Motion was made by Commissioner Lytton and seconded
by Commissioner Stormont to approve and authorize execution
of an Amendment to the Agreement with Hazen and Sawyer, P.C.
for a Solid Waste Energy and Design Study in the amount of
$401,000.00, contingent upon funding from GEO. Roll call
vote was taken with the following results:
Commissioner Harvey
Commissioner Jones
Commissioner Lytton
Commissioner Stormont
Mayor Puto
Yes
No
Yes
Yes
Yes
Motion carried.
Bob Harris of Post, Buckley, Schuh & Jernigan
addressed the Board concerning proposed Bills regarding
reclassification of State Roads and gasoline taxes. Motion
was made by Commissioner Lytton and seconded by Commissioner
Jones to adopt the following Resolution opposing House Bill
1263. Motion carried unanimously.
RESOLUTION NO. 207-l989
See Res. Book No. 76 which is incorporated herein by
reference.
Motion was then made by Commissioner Lytton and seconded by
Commissioner Jones to adopt the following Resolution sup-
porting House Bill 354. Motion carried unanimously.
RESOLUTION NO. 208-1989
See Res. Book No. 76 which is incorporated herein by
reference.
After discussion, motion was made by Commissioner
Lytton and seconded by Commissioner Jones to adopt the
following Resolution advising our Congressional Delegation
of the County's support of House Bill 634. Motion carried
unanimously.
RESOLUTION NO. 209-1989
See Res. Book No. 76 which is incorporated herein by
reference.
There being no further business, the meeting was
adjourned.
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ORDINANCE PD120A - 1989
AN ORDINANCE ESTABLISHING CRITERIA FOR MANAGING STORMWATER RUNOFF IN
MONROE COUNTY, FLORIDA, IN A MANNER WHICH WILL ALLOW FOR MAINTENANCE
OF PUBLIC HEALTH, SAFETY, AND WELFARE; DEFINING TERMS USED IN
CONJUNCTION WITH THIS ORDINANCE, REQUIRING STORMWATER MANAGEMENT
PLANS FOR NEW DEVELOPMENT WITHIN THE COUNTY WHICH ARE NOT EXEMPT FROM
THIS ORDINANCE; PROVIDING FOR THE DEVELOPMENT OF A MANUAL OF
STORMWATER MANAGEMENT PRACTICES; ESTABLISHING PERMITTING PROCEDURES
FOR STORMWATER MANAGEMENT SYSTEMS; ESTABLISHING PROCEDURES FOR
MAINTENANCE AND INSPECTION OF STORMWATER MANAGEMENT FACILITIES;
REQUIRING THE DEVELOPMENT REVIEW COMMITTEE TO SIT AS THE STORMWATER
MANAGEMENT REVIEW BOARD: ALLOWING FOR FINES AND PENALTIES FOR
NON-COMPLIANCE WITH THIS ORDINANCE; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA:
Section 1 Section 9.5-273,Stormwater Management, Monroe County
Code, is hereby amended to read as follows:
(a) Intent:
It is the intent to establish guidE,lines and criteria for the safe management
and disposal of stormwater runoff from developed areas which will minimize or
eliminate any resultant adverse impacts on the surface water, ground water,
and other natural resources of Monroe County. These procedure are intended
to assist in protection the vital water resources of the Florida Keys
including the reservoir of freshwat.er on Big Pine Key and the nearshore
waters of both Florida Bay and the Atlantic Ocean.
(b) Jurisdiction:
The area subject shall be the unincorporated sections of Monroe County.
However, because stormwater does not'~llow political boundaries,
municipalities should, within 12 months of the effective date of this
section, adopt and implement stormwater management ordinances reflective of
the conditions in their corporate jurfsdictions. These ordinances should be
in }compliance with the Monroe County Stormwater Management regulations.
Whenever there is a conflict, the ~;tricter requirement will apply.
(c) Applicability:
All applications for a Monroe County building permit will be required to
contain a stormwater management pl/in with the following exceptions:
(1) Single family and duplex home~:, provided that Best Management Practices
(BMPs) as determined by the pJ.anning director or his designee, are
used. The Manual of Stormwat(lr Management Practices, which is compiled
pursuant to section 10 of this regulation will provide information
regarding acceptable forms of BMPs.
1
" AU
E ~", ,'n'"
1/ -/I.. t ,
(2) Those developments, which because of size or other criteria, are
required to obtain a general or individual surface water management
permit from the South Florida Water Management District, including
state, county, and city roadway improvement projects.
(3) Maintenance work on existing mosquito drainage structures for public
health and welfare purposes, provided that the activities do not
increase peak discharge rate or pollution load.
(4) Maintenance, alteration or improvement of an existing structure of site
which will not change the designed peak discharge rate, volume pollution
load of stormwater runoff from the site on which that structure is
located. Placement of a new structure, (as defined in paragraph 6)
which does not change the designed peak discharge rate, volume, or
pollution load of stormwater runoff from the site, is also exempt.
(5) Any development within an impJ'oved subdivision previous to the effective
date of this section.
(6) Emergencies requiring immediate action to prevent material harm or
danger to persons when obtaining a permit is impractical and would cause
undue hardship in protection of property from fire, violent storms,
hurricanes, or other hazards. A report of the emergency action shall be
made to the county administrator as soon as practicable.
(7) Single family and duplex homes built on individual lots which are part
of a larger subdivision, provided a stormwater management system,
approved by the planning department, is in place.
(d) General Criteria:
(1) Water Management Areas
Such areas shall be legally rf:served to and maintained by the
operational entity and be dedicated on the plat, deed restrictions, or
easements. Any change in the use of the property must comply with this
regulation and any other requirements of the Florida Keys Comprehensive
Plan and the Monroe County Code. Stormwater management areas shall be
connected to a public road or other location from which operation and
maintenance access is legally and physically available to the
operational entity.
(2) Environmental Impacts
All surface water management plans will be reviewed by the staff to
evaluate anticipated impacts of the proposed work on the environment of
Monroe County. The following environmental features will be used by the
staff in evaluating impacts:
(a) Wetlands and isolated wetlands;
(b) Waterbodies;
(c) Intermittent (seasonally wet) ponds;
(d) Mixed upland and wetland systems;
(e) Pinelands;
(f) Dunes/beach berms;
(g) Hammock areas;
(h) Uplands areas;
(i) Preferred habitat of rar(~ and endangered plant and animal species.
2
(3) Legal Operational Entity Requirements
An acceptable, responsible ent.ity which agrees to operate and maintain
the surface water management system will be identified in the building
permit application. The entity must be provided with sufficient
ownership so that it has control over all water management facilities
authorized. The following entities are acceptable:
(a) Governmental agencies, or
(b) Non-profit corporations, including homeowners associations,
property owners associations, condominium owners associations or
master associations, or
(c) The property owner as permittee, or his successors, if the
property is wholly-owned by said permittee and is intended to be
so retained.
The entity must provide legally binding written documentation that it will
accept the operation and maintenance of all surface water management systems
prior to approval.
(4) Water Quality Considerations
All new surface water management systems will be evaluated based on the
ability of the system to prevent degradation of receiving waters and the
ability to conform to state water quality standards established in
chapter 17-3, F.A.C. Developments which plan to utilize Outstanding
Florida Waters for discharge of stormwater will be given more detailed
evaluation by the county staff.
(5) Water Quantity Considerations
All new stormwater management systems will be evaluated on the ability
of the system to prevent flooding of on-site structures, adjacent
properties, roads, and road right-of-ways based upon antecedent rainfall
conditions.
(e) Technical Criteria:
(1) Water Quantity
(a) Discharge:
Off-site discharge is limited to amounts which will not cause
adverse off-site impacts, These amounts are:
(i) Historic discharges based on natural site drainage patterns, or
(ii) Amounts determined in previous South Florida Water Management
District or Monroe County permit actions.
(b) Drainage and Flood Protection Criteria:
If it is determined that flooding will occur off-site because of
the proposed project construction, the surface water management
system shall be designed using a 24 hour rainfall duration and
25-year return frequency in computing allowable off-site discharge
3
rate. Flood protection and floodplain encroachment standards
shall be those established in Monroe County Code, section 9.5-293.
If post-development conditions are such that a volume greater than
the retention and/or detention volume required for stormwater
management is already bei.~g retained on-site, that condition will
be maintained.
(2) Water Quality
(a) Projects shall.be designed so that discharges will meet state water
quality standards, as set: forth in chapter 17-3, F.A.C.
(b) Retention/Detention Criteria:
These criteria are based on the principle that the first flush of
runoff contains the majority of the pollutants. The volume which
needs to be retained or detained is dependent on the method of
stormwater management and the land use.
(i) Retention and/or detention in the overall system, including
swales, canals, greenways, and similar waterways, shall
be provided for one of the three following criteria or
equivalent combinations thereof:
1 Wet detention volume shall be the runoff generated by the
first inch of rainfall, or the total runoff of 2.5 inches
times the percentage of imperviousness, whichever is
greater.
2 Dry detention volume shall be equal to 75 percent of the
volume computed for wet detention.
3 Retention volume shall be provided equal to 50 percent of
the above amowlts computed for wet detention. Retention
volume included in flood protection calculations requires
a demonstration of guarantees of long-term operation and
maintenance of system bleed-down ability. This must
normally consist of proof of adequate soil percolation
rates or an operations entity which specifically reserves
funds for operations, maintenance and replacement.
(ii) Commercial or industrial projects shall provide at least one-
half inch of dry detention or retention pretreatment as part
of the required retp.ntlon/detention.
(iii)System with inlets in grassed areas will be credited with up
to 20% inch of the required wet detention amount for the
contributing areas. Full credit will be based on a ratio of
10:1 impervious aren runoff to previous area with proportional
credit granted for greater ratios. Grassed area must be
permanently protect(~d from vehicular use and structural
encroachment.
(iv) Projects having greater than 40% impervious area which
discharge directly to sensitive receiving water shall provide
dry detention or retention pretreatment equal to 50% of the
total required depending on the arrangement of on-site
facilities. Sensitive receiving waters are defined as:
4
(1) Class I or Class II waters;
(2) Class III, Outstanding Florida Waters;
(3) Canals connecting with these waters.
(v) Water surfaces can be deducted from site areas for water
quality pervious/impervious calculations.
(c) Master Drainage Plan for Subdivisions:
Projects to be subdivided for sale are required to have installed by the
permittee, as a minimum, a stormwater management system which provides
for a master stormwater collection and conveyance system to interconnect
the retention/detention system with the outfall, with access points to
the system available to each individual lot or tract. The system shall
be sized to limit discharge under design conditions to the allowable
discharge.
Projects permitted in such a manner may require deed restrictions which
identify to lot or tract purchasers the amount of additional on-site
stormwater management necessary to provide flood protection for specific
design events and any additional retention/detention required for water
quality purposes.
(3) Construction Considerations
(a) Discharge Structures
(i) All design discharges from the site shall be made through and
controlled by structural discharge facilities. Earth berms
shall be used only to disperse or collect sheet flows from or
to ditches, swales, or other water channels. served by
discharge structures.
(ii) Discharge structures shall be constructed so that they are
stationary.
(iii)Discharge structures should include gratings for safety and
maintenance purposes. Removal of trash is mandatory if the
stormwater management system discharges into surface waters
and/or Outstanding Florida Waters.
(iv) Discharge structure~ shall include systems which would allow
discharge from other than the top or the bottom of the water
column and shall include a cleanable jump area for the
sediment removal. Discharge structures from areas with greater
than 50 percent impervious area or from systems with inlets in
paved areas shall include a baffle. skimmer, or other
mechanism suitable for preventing oil and grease from
discharging to and/or from retention/detention areas.
(v) Direct discharges. such as through culverts. storm drains, or
weir structures, will normally be allowed to receiving
waters which by virtue'of their large capacity and
configuration, are easily able to absorb concentrated
discharges. Such receiving waters might include existing
storm sewer systems and man-made ditches. canals, the bay.
channels, and the ocean.
(vi) Indirect discharges, such as overflow and preader swales,
are required where the receiving water or its adjacent
supporting ecosystem might be degraded by a direct
discharge. The discharge structure would therefore discharge
into the overflow, spreader swale, or other channel. which in
turn would release the water to the actual receiving water.
Such receiving waters might include marshes, wetlands. salt
marshes and land naturally receiving overland sheetflow.
(b) Dry Retention/Detention Areas (not applicable to natural or
mitigation wetland areas;:
5
(i) Dry retention/detention areas shall allow for the return of
the groundwater level in the area to the control elevation.
(ii) On-site mosquito control ditches or other appropriate features
for such purpose, shall be incorporated into the design of dry
retention/detention areas.
(iii)The design of dry retention/detention areas shall incorporate
considerations for regular maintenance and vegetation
harvesting procedures.
( c)
Wet
( i)
Retention/Detention ~reas:
Dimensional criteria (as measured at or from the control
elevation).
(1) Depth - A minimum of 20 percent of the area shallower
than 6 feet is required;
(2) Side slopes - for purposes of public safety. water
quality enhancement and maintenance, all wet
retention/detention areas should have side slopes no
steeper than 4:1 (horizontal:vertical) out to a depth of
two feet below the control elevation, or an equivalent
substitute. Side slopes should be top soiled, nurtured
or planted from 2 feet below to 1 foot above control
elevation to promote vegetation growth. Littoral zone
vegetation growth survival shall be a condition for
operation permit issuance.
(ii) Support Facility Design Criteria
Perimeter maintenance and operation easements of 10 feet
(minimum preferable) width at slopes no steeper than 4:1
(horizontal:vertical) should be provided beyond the control
elevation water line. Control elevations must be set so as
not to cause flooding in roadways and protect road subgrades.
(d) Impervious areas:
Runoff shall be discharge.d from impervious surfaces through
retention areas, detention devices, filtering and cleansing
devices. and/or subjected to some type of Best Management Practice
(BMP) prior to discharge from the project site. For projects
which include substantial paved areas. such as shopping centers,
large highway intersections with frequently shopped traffic. and
high density developments, provisions shall be made for the removal
of oil, grease, and sediment from stormwater prior to discharge
into the receiving waters or watercourse.
(e) Stagnant water conditions:
Configurations which create'stagnant water conditions shall not be
allowed.
(f) Stormwater Management Pl~ns:
It is the responsibility of the applicant to include in the
stormwater management plEin for the development. sufficient
information for the planning director to evaluate the environmental
and stormwater discharge characteristics of the affected areas, the
potential and predicted impacts of the proposed activity on
community waters, and thfl effectiveness and acceptability of those
measures proposed by the applicant for reducing adverse impacts.
The stormwater management plan shall contain maps, charts, graphs,
tables, photographs, narlative descriptions, calculations,
explanations, and citations to supporting references, and any
additional information deemed necessary by the planning director.
6
(g) Manual of Stormwater Management Practices:
(1) The planning department staff shall compile a manual of
stormwater management practices for the guidance of persons
preparing stormwatel' management plans and designing or
operating stormwater management systems by the effective date
of these regulations. The manual shall be the primary
implementation tool and shall be updated periodically to
reflect the most current and effective practices. This manual
shall be made available to the public.
(2) The manual shall include guidance and specifications for the
preparation of stormwater management plans. Acceptable
techniques for obtaining, calculating. and presenting the
information required in the stormwater management plans shall
be described.
(3) The manual shall include guidance for acceptable best
management practices (BMPs) for stormwater management systems
for single family and duplex homes. It shall address the
condition that improvements to the land may result in water
improvement, thereby creating surface water over land that
would otherwise not be wetland.
(4)
The manual shall include guidance in the selection of
environmentally sound practices for the management of
stormwater and the control of erosion and sedimentation.
development and use of techniques which emphasize the use
natural systems shall be encouraged.
The
of
(5) The manual shall also establish minimum specifications for the
construction of stormwater management facilities.
Construction specification shall be established in accordance
with sound engineering practices.
(6) The planning departolent shall submit the manual and subsequent
revisions of it to the board for review and approval. The
annual may also be submitted for review to the Florida
Department of Enviro:amental Regulation's Non-point Source
Management Section in Tallahassee and the South Florida Water
Management District.
(7) Adherence to these regulations shall be based on the
guidelines outlined i~ the manual.
(h) Administration:
(1) Permit Application I>rocedures
The stormwater management plan shall be submitted as part of
an application for development approval outlined in article 3
of the Monroe County Code, unless otherwise herein exempted.
All conditions, approvals, and fees shall apply.
(2) Plan Adherence
The applicant shall be required to adhere to the plan as
approved and permitted. Any changes or amendments to the
individual stormwater management plan must be approved by the
planning department prior to construction.
7
(i) Maintenance and Inspecticn:
(1) The installed system(s) required by these regulations shall be
maintained by the owner or approved operating entity. except
that the county may select certain systems for county
maintenance. The selection of critical areas and/or
structures to be maintained by the county shall be recommended
to the board by the planning director. All areas and/or
structures to be maintained by the county must be dedicated to
the county by plat or separate instrument and accepted by the
board. The system(s) to be maintained by the owner or
approved operating entity shall have adequate access and
easements to permit the county right of entry to inspect and.
if necessary. to take corrective action should the owner fail
to maintain the system(s) to be maintained by him. The
planning director shall give such owner written notice of the
nature of the corrective action necessary. Should the owner
fail. within thirty (30) days from the date of the notice. to
take corrective action, the board may take the necessary
corrective action and place a lien on the property of the
owner to recover the costs thereof.
(2) The applicant shall arrange with the planning director for
scheduling the following inspections (these inspections may be
scheduled along with other required inspections):
(a) Erosion and Sediment Control Inspection - As necessary
during and after construction to ensure effective control
of erosion and sedimentation. Control measures shall be
installed and stabilized between any waters and any areas
cleared prior to land clearing.
(b) Bury Inspections - Prior to the burial of any
underground drainage structure.
(c) Final Inspection - When all work. including installation
of all stormwater management system facilities, has been
completed.
The enforcement officer who inspects the work shall either
approve it or notify the applicant in writing in what respects
there has been a fai.lure to comply with the requirements of
the approved permi.t. Any portion of the work which does not
comply shall be corrected by the permittee within a time
frame deemed reasonable by the planning director depending on
the time needed to correct the violation and the effect of the
violation on water and habitat quality, or the applicant will
be subject to the penalty provisions of section (j). There
shall be a fee for inspections as established by the board.
(j) Enforcement and Penalties:
(1) Enforcement
The planning director shall be the enforcement officials. If
the enforcement official determines that the project is not
being carried out in accordance with the approved plan or if
any project subject to these regulations is being carried out
without a permit he/she is authorized to:
8
(a) Issue written notice to the applicant that specifies the
nature and location of the alleged noncompliance and
includes a description of the remedial actions necessary
to bring the project into compliance.
(b) Issue stop-work orders directing the applicant or persons
in possession to cease and desist all or any portion of
the work which violates the provisions of these
regulations, until the remedial work is completed. The
applicant shall then bring the project into compliance or
be subject to denial of certificate of occupancy for the
project.
(c) Any order issued pursuant to subparagraphs (a) or (b)
above shall become final unless the person or persons
named therein requests. in writing by certified mail, a
hearing before the planning commission no later than ten
(10) working days after the date such order is served.
Failure to act in accordance with the order after receipt
of written notice shall be grounds for revocation of all
Monroe County permits issued for that project which would
be affected by or would affect the stormwater management
system.
(2) Penalties
Any person who violntes or causes to be violated any provision
of these regulations or permits any such violation or fails to
comply with any of the requirements hereof shall be punished
by a fine equivalent to the cost of having compiled with the
regulations. Each calendar day upon which such violation
occurs shall constitute a separate offense. In addition to
any other remedies, whether civil or criminal, the violation
of these regulations may be restrained by injunction,
including a mandatory injunction, and otherwise abated in any
manner provided by law.
(k) Appeals:
Any person aggrieved by the action of any official charged with the
enforcement of these regulations as the result of the disapproval
of a properly filed permit application. issuance of a written
notice of violation, or an alleged failure to properly enforce
these regulations in regard to a specific application, shall have
the right to appeal the action to the Monroe County Planning
Commission. '
(I) The Stormwater Mana~;ement Review Board.
There is hereby estllblished a board to be called the
stormwater managemer,t review board which shall be the
development review committee.
(2) Functions
The stormwater management review board shall hear any appeal
from a decision of any administrative official empowered under
these regulations, llnd shall make recommendations to the
planning commission regarding such matters as appeals and
review changes. The stormwater management review board will
have the authority to take action on any administrative
concern with the application. This authority shall be
9
construed to exclude matters relating to the basic
requirements of these regulations. Final board action must be
consistent with applicable local and inter-local, regional,
state, and/or federal rules and regulations and their
respective intents. All appeals must be filed in writing
within ten (10) days of the date of official transmittal of
the final decision or determination to the applicant. shall be
processed in a manner prescribed for hearing administrative
appeals under local or state code provisions.
Amendment to 9.5-4(e) Engineer: For the purpose of this Ordinance, a person
registered and currently licensed to practice professional engineering in theState of
Florida. and other persons exemted pursuant to the provisions of Chapter 471. F.S.,
who is competent in the fields of hydrology and stormwater management.
Section 2. If any section. subsection, sentence, clause or provision of
this Ordinance is held invalid. the remainder of this Ordinance shall not be affected
by such invalidity.
Section 3. All ordinances or parts of ordinances in conflict with this
Ordinance are hereby repealed to the extent of said conflict.
Section 4. The provision of this Ordinance shall be included and
incorporated into the Code of Ordinances of Monroe County, Florida, as an addition
or amendment thereto, and shall be appropriately renumbered to conform numbering
system of the Code.
Section 5. This Ordinance shall take effect when acknowledgement of its
receipt for filing in the Office of the Secretary of State of the State of Florida
has been received and when it has been approved by the state land planning agency
pursuant to F.S. 380.0552(9).
BOARD OF COUNTY COMMISSIONERS OF
MONROE COrNTY, FLORIDA
By ____
(SEAL)
Attest:
10
. Clerk
ADOPTED:
FILED WITH SECRETARY OF STATE:
EFFECTIVE DATE:
11
;"
M E M 0 RAN DUM
------ --------
To
From:
Stacey Williams, Office of Fiscal Management ~
Donald L. Craig, Director of Growth Management 1r~~
Division ty\D
April 4, 1989
Date:
Re
Budget Workshop - April 11 - Fee Changes in
Growth Management Division Fee Structures
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Introduction
The Growth Management Division is proposing a significant
change in several categories of Fees charged to customers which
effects the special taxing district revenue projections. The
following categories are recommended for changes:
1. Impact Fees
2. Building Permit Fees
3. Planning Permit Fees
4. Fire Marshall Inspection and Impact Fees
5. Special Fees
Justification of Fee Changes
1. Impact Fees The present transportation impact fees
are one half of those calculated in 1985 at the time of
the adoption of the Comprehensive Plan. At that time
the fees were calculated on the basis of anticipated
infrastructure needs through 2005, based on calculated
rates of growth. This existing fee structure was pro-
duced by planning and engineering consultants to the
County and accepted by the Board of County Commission-
ers. However, in 1986 witn the adoption of the plan the
fees were dropped to their present level. Since 1985,
the County's infrastructur~ needs have increased, antici-
pated slowing of growth has not occurred and inflation
amounting to approximately 12-15% in the consumer price
index is a fact. Therefore, the Growth Management Divi-
sion recommends the new transportation impact fees pro-
posed below:
E Xa.HS ,,.. B
II-II .... "'1
Single Family
Multi-Family, per unit
Mobile Home
Hotel, per unit
Motel, per unit
Medical Office, per 1000 s.f.
Banking, per 1000 s.f.
Other Offices, per 1000 s.f.
Warehouses, per 1000 s.f.
General Industrial, per 1000 s.f.
Retail, under 50,000 s.f.
Retail, 50,000 to 99,999 s.f.
Retail, 100,000 to 249,999 s.f.
Retail 250,000 s.f.+
Recreational campground, per space
Marina, per berth
RV Park, per space
Existing
Proposed
$1610
$1415
$ 638
$1744
$1744
$2315
$3716
$1822
$ 568
$ 594
$1235
$ 974
$1874
$1357
$1699
$ 715
$1732
$2737
$2406
$1085
$2965
$2965
$3935
$6317
$3098
$ 965
$1010
$2099
$1655
$3186
$2307
$2889
$1215
$2945
The implication of this change is that if the rate of growth
remains the same, the funds forthcoming to the transportation
trust fund would increase by approximately 70%.
The other impact fee categories are recommended to be in-
creased by 15% to account for inflation. This would bring the
total impact fee for a single-family home to approximately
$3,370.41, or a total increase of 38%. All other uses would see
an increase in total impact fee of approximately the same 38%,
except for those uses which are charged only three or four of the
impact fees. These include non-residential uses which are
not charged park or library fees. Please see attached table
for exact dollar increases.
2. Buildinq Permit Fees Building permit fees were com-
pared to fees in seven other jurisdictions. The general
results are:
a. Building Permit Fees for roofs in Monroe County are
higher then average.
b. Demolition and blasting fees are very low in Monroe
County.
c. Monroe County charges no permit fees for landscape
improvements or inspections, while other Counties
do.
d. Permit Fees for moving buildings are low compared
to other Counties.
The Building Department is now compiling all data comparative
into a spread sheet format, and will recommend specific changes,
prior to budget year closure, on or about July 1, 1989.
3. Planning Permit Fees The Growth Management Division
has reviewed the man hours and direct expenses involved
in the permitting activities the Division provides. It
is recommended that the following fees be changed to
reflect the real time invested by staff, yet maintain a
"reasonable" permit fee, which would allow the average
citizen to participate in the permitting process.
Boundary Determination
Alcoholic Beverage Applications
Map Amendments
Text Amendments
Major Conditional Use
Conceptual Project Review Before
Planning Commission
Occupational License Review
Home Occupational License Review
Final Site Plan
Preliminary Plat + $25 per lot
Final Plat + $10 per lot
Plat Engineering Review Fee
Lot Line Adjustment/Vacation
All other fees remain the same
Existing
$ 100.00
$ 350.00
$ 500.00
$ 500.00
$1000.00
$ - 0 -
$ - 0 -
$ - 0 -
$ - 0 -
$ - 0 -
$ - 0 -
$ - 0 -
$ - 0 -
Proposed
$ 250.00
$ 500.00
$ 750.00
$ 750.00
$1500.00
$ 500.00
$ 75.00
$ 125.00
$ 500.00
$1000.00
$ 750.00
$ 500.00'
$ 150.00
4. Special Fees There are several special services provid-
ed by the Division which are not necessarily connected
to any permit.
Existing
Habitat Evaluation Analysis/
per hr. $ 35.00
Notice to surrounding prop arty
owners for appeal purposes $ - 0 -
Newspaper advertisement for
notification to citizens at a cost
per individual advertisement $ - 0 -
Annexation/deannexation Review $ - 0 -
Transfer of Development Rights
Administration/Registration/
Calculation Fee $ - 0 -
Proposed
$ 45.00
$ 25.00
(per affected
lot owner)
$ 175.00
(minimum per ad)
$2500.00
$ 250.00
Geographic Information System
inquiry and report
$ - 0 -
$ 50.00
(per map or
page)
Traffic Impact Assessment
projects generating 250-500 trips
projects generating 500-1000 trips
projects generating 1000 + trips
Letters of Intent as to Bui1dability
involving site visit
not involving site visit
Road or Right-of-Way abandonment
Review $ - 0 -
$2000.00
$3000.00
$5000.00
$ 250.00
$ 125.00
$ 250.00
5. Fire Protection and Emergency Medical Service Impact
Fees.
The Division will support the expenditure of funds to direct
the existing consultant to determin~ the proper level of impact
fee prior to finalization of the budget.
We would like to discuss theses fee changes with the Board at
their April 11 budget workshop and obtain approval for the in-
creased fees to be effective not la~er than October 1, 1989.
DLC/1c
dcjbwfc
cc: Thomas Brown, County Administrator
Robert Herman, Deputy Director of Growth Management
Howard Tupper, Planning Official
George Garrett, Director of Environmental Resources
Herb Rabin, Building Official
ATTACHMENTS
Community.Park Impact Fee
Existing
Proposed
Use
Rate/Unit
-----------------------------------------------------------------
Permit Residential
Transient Residential
Non Residential
$ 128.40
$ 107.00
N/A
$ 147.66
$ 123.05
none
-----------------------------------.------------------------------
-----------------------------------------------------------------
Library Impact Fee
Existing
Proposed
Use
Rate/Unit
-----------------------------------------------------------------
Permit Residential
Transient Residential
Non Residential
$ 190.00
$ 190.00
N/A
$ 218.50
$ 218.50
none
-----------------------------------.----.---------------------------
-----------------------------------------------------------------
Police Impact Fee
Existing
Proposed
Use
Rate/Unit
-----------------------------------------------------------------
Permit Residential
Transient Residential
$ 102.38
$ 85.32
$ 117.74
$ 98.12
-----------------------------------------------------------------
Use
Rate/Sq. Feet
-----------------------------------------------------------------
Non Residential
$0.1365
$0.16
------------------------------------------------------------------
-----------------------------------------.------------------------
Solid Waste Impact Fee
Residential Uses
Use
Existing
Proposed
-----------------------------------.------------------------------
Rate/Unit
Permit Residential
Transient Residential
Marina, per berth
$ 65.04
$ 54.80
$ 25.80
$ 74.80
$ 62.31
$ 29.67
-------------------------------------------------------------------
-----------------------------------------------------------------
Use
Non Residential Uses
-----------------------------------------------------------------
Rate/Sq. Feet
Medical Office
Other Office
Banking
WarehousejWholesa1e
Restaurant (incl. fast food)
Supermarket/Convenience Store
Retail under 100,000 s.f.
Retail over 100,000. s.f.
Industrial Uses
$0.0645
$0.0645
$0.0645
$0.1290
$0.2258
$0.5805
$0.2580
$0.3225
Special
$0.07
$0.07
$0.07
$0.15
$0.26
$0.67
$0.30
$0.37
Study Required
------------------------------------------------------------------
---------------------------------------.--------------------------
00
194
Special Meeting
Board of County Commissioners
Tuesday, April 11, 1989
Key Colony Beach
A Special Meeting of the Monroe County Board of
County Commissioners convened at 3:30 p.m. on the above date
in Key Colony Beach City Hall. Present and answering to
roll call were Commissioner Wilhelmina Harvey, Commissioner
Douglas Jones, Commissioner Eugene Lytton, Commissioner John
Stormont, and Mayor Michael Puto. Also present were Rosalie
L. Connolly, Deputy Clerk~ Randy Ludacer, County Attorney~
Tom Brown, County Administrator~ County Staff~ members of
the Press and Radio~ and the general public.
The Deputy Clerk presented a written request from
the Mayor calling this Special Meeting concerning the
Translator System.
The County Attorney addressed the Board. The Board
discussed a proposed Resolution authorizing and ratifying
all actions taken by Hank Naubereit and the firm of Rosenman
and Colin on behalf of the County in opposition to Lloyd
Moriber's pending license renewal application for Channel 56
LPTV Station. After a lengthy discussion by the Board, and
statements by Commissioner Stormont voicing his opposition
for the record, motion was made by Commissioner Lytton and
seconded by Commissioner Harvey to amend the proposed
Resolution to include the following words at the end of the
second "WHEREAS" clause: "as represented in FCC file
BRTTL-880926IF". Roll call vote was taken with the
following results:
Commissioner Harvey
Commissioner Jones
Commissioner Lytton
Commissioner Stormont
Mayor Puto
Yes
Yes
Yes
No
~s
Motion carried. Motion was then made by Commissioner Harvey
and seconded by Commissioner Lytton to adopt the following
Resolution as amended above.
RESOLUTION NO. 206-1989
See Res. Book No. 76 which is incorporated herein by
reference.
Roll call vote was taken with the following results:
Commissioner Harvey
Commissioner Jones
Commissionet~Lytton
Commissioner Stormont
Mayor Puto
Yes
Yes
Yes
No
Yes
Motion carried.
There being no further business, the meeting was
adjourned.
*
*
*
*
*