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05/02/1989 Special PP 025 Public Hearing/Special Meeting Board of County Commissioners Tuesday, May 2, 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 Eugene Lytton. Also pre- sent 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. Motion was made by Commissioner Jones and seconded by Commissioner Stormont to defer consideration of proposed Amendments PD 87 and PD 109 to the 3:00 p.m. hearing regarding Destination Resort amendments. Motion carried unanimously. PD 85A Amending Section 9.5-242(c)(d), Monroe County Code, in order to provide for the allowance of duplexes and quadraplexes within the IS District; TO READ AS FOLLOWS: "(3) In those Improved Subdivision Districts with a D subdistrict indicator: a. Detached dwellings; b. Duplexes; c. Triplexes; d. Quadraplexes." After discussion, motion was made by Commissioner Jones and seconded by Commissioner Stormont to accept the Planning Commission's recommendation for denial. Roll call vote was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner Stormont Mayor Puto No Yes Yes ~s Motion carried. PD 89 Amending Section 9.5-248(c), Monroe County Code, in order to provide for mariculture as a major conditional use in the Mixed Use District; TO READ AS FOLLOWS: "(8) Mariculture." Motion was made by Commissioner Jones and seconded by Commissioner Harvey to accept the Planning Commission's recommendation for approval as a major conditional use. PP 026 Roll call vote was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner Stormont Mayor Puto Yes Yes No Yes Motion carried. PO 91 Amending Section 9.5-254, Monroe County Code, in order to provide for the expansion of the Conservation District no later than December 1, 1988, by open space approved in major developments prior to the adoption of the present Land Development Regulations, with limitation placed on the use of such land; TO READ AS FOLLOWS: "No later than December 31, 1988, all open space areas previously required of major development projects approved under the previous Land Use Plan in effect prior to the enactment of this chapter on September 15, 1986, and all open space area required by these Land Development Regulations at the time of permit approval shall be designated as Conservation District (CD) on the Land Use District Maps. No development allocation, either residential or commercial, is given for this district other than passive recreational uses previously authorized. The following use is permitted as of right in the Conservation District: (a) Passive recreational use." Motion was made by Commissioner Stormont and seconded by Commissioner Jones to deny. Roll call vote was unanimous. PD 92 Amending Section 9.5-261, Monroe County Code, in order to provide for the assignment of density for mangroves not tidally flushed, and to amend the Table of Maximum Residential Density and District Open Space to reflect this change; TO READ AS FOLLOWS: "Sec. 9.5-261, Land Use Intensity No structure of land in Monroe County shall hereafter be developed, used or occupied at an intensity or density greater than the standards set out in this division. No density shall be allocated for any land designated as a tidally flushed mangroves on the existing conditions map." Motion was made by Commissioner Stormont and seconded by Commissioner Jones to accept the Planning Commission's recommendation for denial and to correct the corresponding chart entry in the chart under Section 9.5-262. Roll call vote was unanimous. After discussion, motion was made by Commissioner Stormont and seconded by Commissioner Harvey to reconsider the Board's previous motion. Motion carried una- nimously. Motion was then made by Commissioner Stormont and seconded by Commissioner Harvey to accept the Planning Commission's recommendation for denial of the proposed PP 027 amendment PD 92 concerning Section 9.5-261. Roll call vote was unanimous. PD 93 Amending Section 9.5-262, Monroe County Code, in order to provide for inclusion of Tidally Flushed Mangroves found in the Native Land Use District in the Table of Maximum Residential Density and District Open Space, with no allocated or net density allowed; TO READ AS FOLLOWS: "Sec. 9.5-262. Maximum Residential Density and District Open Space." Land Use District and Use Urban Commercial Urban Residential Urban Residential Mobile Home SubUrban Commercial SubUrban Residential SubUrban Residential (LTD) Sparsely Settled Native: Tidally Flushed Mangroves Freshwater Wetlands Transitional Habitats Scarified/Disturbed Hammocks Beach/Berm Pinelands Mainland Native Offshore Island Improved Subdivision Commercial Fishing Destination Resort Light Industry Maritime Industry Mixed Use Military Facilities District Park and Refuge District Allocated Density (DU/ acre) Maximum Net Density (Du/ buildable acre) O.S.R.* 6.0 6.0 5.0 3.0 1.0 1.0 .5 12.0 12.0 0.2 0.2 0.2 o 0.5 7.0 6.0 10.0 3.0 6.0 o 0.8 1.0 1.0 0.85 0.6 0.8 0.9 0.8 0.99 0.95 0.2 0.2 o o 0.2 0.2 0.9 o 0.2 0.3 0.5 0.5 0.5 0.5 0.01 0.1 See 3.0 1.0 6.0 6.0 1.0 o o 5.0 5.0 5.0 5.0 5.0 1.0 2.0 9.303 12.0 18.0 12.0 12.0 12.0 12.0 5.0 Section 6.0 0.5 *See additional open space ratios in division 8 of this article; in accordance with Section 9.5-3(a), the most restrictive of these ratios applies. (Ord. No. 33-1986, S 9-302." Motion was made by Commissioner Stormont and seconded by Commissioner Jones to accept the Planning Commission's recommendation for denial. Roll call vote was unanimous. PD 94 Amending Section 9.5-262, Monroe County Code, in order to provide for the addition of standards for Maximum Residential Density and District Open Space for the Urban Mobile Home-Limited (URM-L) Land Use District; TO READ AS FOLLOWS: "Sec. 9.5-262. Maximum Residential Density and District Open Space." pp 028 Land Use District and Use Urban Commercial Urban Residential Urban Residential Mobile Home Urban Residential Mobile Home-Limited SubUrban Commercial SubUrban Residential SubUrban Residential (LTD) Sparsely Settled Native: Mangroves Freshwater Wetlands Transitional Habitats Scarified/Disturbed Hammocks Beach/Berm pinelands Mainland Native Offshore Island Improved Subdivision Commercial Fishing Destination Resort Light Industry Maritime Industry Mixed Use Military Facilities District Park and Refuge District Allocated Density (DU/ acre) 6.0 6.0 5.0 5.0 3.0 1.0 1.0 .5 o 0.2 0.3 0.5 0.5 0.5 0.5 0.01 0.1 See Section 3.0 1.0 6.0 6.0 1.0 6.0 0.5 Maximum Net Density (Du/ buildable acre) O.S.R.* 12.0 12.0 7.0 7.0 6.0 10.0 3.0 6.0 o o 5.0 5.0 5.0 5.0 5.0 1.0 2.0 9.303 12.0 18.0 12.0 12.0 12.0 12.0 5.0 0.2 0.2 0.2 0.2 o 0.5 o 0.8 1.0 1.0 0.85 0.6 0.8 0.9 0.8 0.99 0.95 0.2 0.2 o o 0.2 0.2 0.9 *See additional open space ratios in division 8 of this article: in accordance with Section 9.5-3(a), the most restrictive of these ratios applies. (Ord. No. 33-1986, S 9-302." Maria Abadal addressed the Board. After discussion, motion was made by Commissioner Stormont and seconded by Commissioner Jones for Urban Residential Mobile Home-Limited: Allocated Density = one per lot: Maximum Net Density = one per lot: Open Space Ratio = 0.2 with a nota- tion to "See Section 9.5-264." Roll call vote was unani- mous. Motion was ~hen made by Commissioner Stormont and seconded by Commissioner Jones, for consistency's sake, to modify Urban Residential Mobile Home in Chart 9.5-262 to be identical to the previously passed motion for Allocated Density = one per lot: Maximum Net Density = one per lot: Open Space Ratio = 0.2 with a notation to "See Section 9.5-264." Roll call vote was unanimous. The Board recessed for lunch and until the 3:00 p.m. Public Hearing. * * * * * sent. The Board reconvened with all Commissioners pre- Peter Horton, Assistant County Administrator/ Community Services Division, addressed the Board and advised them of an emergency situation at the Key West PP 029 International Airport. He informed the Board that a local contractor had erected a 230 foot high crane in the flight path which was causing hazardous conditions and that efforts by the FAA, the County, and the City to rectify this matter had been ignored. Motion was made by Commissioner Jones and seconded by Commissioner Stormont for the County to file an injunction against Ratcliffe Welding, Phillips Construction Company, and Ocean Walk and to include any other actions which may be deemed appropriate. Motion carried unani- mously. The Board then began the 3:00 p.m. Public Hearing regarding proposed amendments concerning Destination Resorts. 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. The following persons addressed the Board: Lloyd Good, Jim Mattson, Fred Tittle. Donald Craig made a presentation regarding a Destination Resort Overlay. Fred Tittle and Jim Mattson addressed the Board. Lloyd Good invoked the Four-fifths Rule and presented to the Clerk written protests of owners of over 20% of the land area involved. After discussion, Mr. Good withdrew the pro- test as it applied to institutional uses and single-family dwelling units in DR. The following persons addressed the Board: Jim Quinn of DCA, Jim Mattson, Dagny Johnson of the Upper Keys Citizens Association. PD 87 Amending Section 9.5-243(b), Monroe County Code. Motion was made by Commissioner Harvey and seconded by Commissioner Stormont to accept Staff's recommendation to approve PD 87 amended as follows: (a) The following uses are permitted as of right in the Destination Resort District, subject to the standards and procedures set forth in Article III, Division 3: Detached residential dwellings Home occupations Accessory uses (b) To the list of minor conditional uses presently within the Code, add in the proper place: Museum uses Natural preserves Historical/archaeological sites Roll call vote was unanimous. After lengthy discussion, motion was made by Commissioner Stormont and seconded by Commissioner Jones to PP 030 transmit appropriately all Text and Map Amendments pre- viously approved to this point. Roll call vote was unani- mous. Motion was made by Commissioner Jones and seconded by Mayor Puto to continue today's remaining Amendments to 9:00 a.m. on June 7th at Key Colony Beach City Hall. Motion carried unanimously with Commissioner Harvey not present. There being no further business, the meeting was adjourned. * * * * *