05/02/1989 Special
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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.
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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
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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."
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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.
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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
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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
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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.
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