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06/07/1989 Special PP 085 Public Hearing/Special Meeting Board of County Commissioners Wednesday, June 7, 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 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. Commissioner Eugene Lytton arrived for the afternoon session. Also present were Danny L. Kolhage, Clerk1 Garth Coller, Assistant County Attorney 1 Donald Craig, Director - Growth Management Division1 members of the County Planning Staff1 members of the Press and Radi01 and the general public. Garth Coller, Assistant County Attorney, addressed the Board concerning procedures and the provisions of the law concerning those who wished to produce a record for possible appeal. Donald Craig, Division Director/Growth Management, addressed the Board concerning the process to be followed in the Amendment Hearings. Mr. Craig addressed the Board and advised that Agenda Item 3 - a proposed Resolution confirming the Administrative Boundary Interpretation of the Planning Director in Land Use District Map Boundary Interpretation Number 36 - would be postponed to June 27th. The Board entered into a discussion concerning Land Use District Map Boundary Interpretation Number 30. Mr. Craig and David Paul Horan, representing Mr. and Mrs. Laurence Barker, addressed the Board. Motion was made by Commissioner Stormont and seconded by Commissioner Harvev to adopt the following Resolution overturning the Administrative Boundary Interpretation of the Planning Director in Land Use District Map Boundary Interpretation Number 30, part of the South ~ of Lot 6, Summerland Estates, Summerland Key, based on the following findings: A. that it meets the purpose of IS Subdivision as stated in Sec. 9.5-2131 B. that it meets the definition of Lot under Sec. L-lO 9.5-4 of the Code1 and C. that it is illustrated as being a drafting error by virtue of the platting dates of the surrounding area and similar errors by definition in the immediate and adjacent vicinitY1 and further, that a determination will have no adverse effect on the value of surrounding lots due to the improved but undeveloped nature of those surrounding lots and that the determination is consistent with the provisions of the Comprehensive Land Use Plan. PP 086 Roll call vote was unanimous with Commissioner Lytton not present. RESOLUTION NO. 348-1989 See Res. Book No. 79 which is incorporated herein by reference. Fred Tittle, representing John E. Carter, addressed the Board concerning the proposed Resolution confirming the Administrative Boundary Interpretation of the Planning Director in Land Use District Map Boundary Interpretation Number 34, Lime Grove Estates, Part of Tract 2. Motion was made by Commissioner Harvey to approve due to inherent errors in mapping. During discussion, the motion was withdrawn. Motion was made by Commissioner Stormont and seconded by Commissioner Puto to deny based upon the deter- mination that the request does not meet the criteria established for Boundary Determinations. Roll call vote was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner Stormont Mayor Puto Yes No Yes Yes Motion carried with Commissioner Lytton not present. Motion was then made by Commissioner Jones and seconded by Commissioner Harvey directing Staff to investigate and pro- cess a rezoning of the entire area to IS or other appropriate zoning with all the necessary notices to the surrounding property owners and also directing Staff to con- sider alternative means of amending the Land Development Regulations to apply designations in a new formula to allow building single-family houses on each lot without the requirements of TOR's. Dagny Johnson addressed the Board. Motion carried unanimously with Commissioner Lytton not pre- sent. The Board entered into a discussion concerning the proposed Resolution confirming the Administrative Boundary Interpretation of the Planning Director in Land Use District Map Boundary Interpretation No. 39, Ramrod Key, RE *11401-00101 and 11404-00102. Motion was made by -Commissioner Stormont and seconded by Commissioner Harvey to deny and recommend that Staff process a rezoning of the area. Roll call vote was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner Stormont Mayor Puto Yes No Yes Yes Motion carried with Commissioner Lytton not present. The Board recessed for lunch. * * * * * The Board reconvened with all Commissioners pre- sent. Commissioner Lytton asked for a Point of Personal Privilege and discussed the pending Rule before the Department of Community Affairs concerning Destination Resorts and other matters. Maria Abadal of DCA addressed the Board. PP 087 Motion was made by Commissioner Lytton and, seconded by Commissioner Stormont to table all items scheduled to be considered on this day in deference to the DCA's ruie-making process now underway. Maria Abadal and Fred Tittle addressed the Board. Roll call vote was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner Lytton Commissioner Stormont Mayor Puto No Yes Yes No No Motion failed. Lloyd Good addressed the Board and objected to the Hearing on procedural grounds, due to insufficient notice, and the provisions of 125.66 and also due to the lack of substantive reasons for the considered changes. Fred Tittle also addressed the Board on this matter. PD lOA Amending Section 9.5-4 (D-3), Monroe County Code, in order to provide for a definition of Destination Resort (continued from previous hearings). *1 The Board considered the following definition: "Destination Resort means a planned development containing one or more hotels of at least 100 rooms as principal use with accessory uses that provide on-site recreational, commercial and entertainment oppor- tunities of a magnitude sufficient to attract visitors and tourists." Motion was made by Commissioner Stormont and seconded by Mayor Puto to deny the foregoing proposed amendment. Roll call vote was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner Lytton Commissioner stormont Mayor Puto Yes No No Yes Yes Motion carried. ~ The Board then considered the following definition: "Destination Resort means a planned development containing one (1) or more hotels under single ownership or management as a principal use with accessory uses that provide on-site recreational, commercial and/or entertainment opportunities. In Destination Resort land use districts (DR), transient occupancy only is intended to be accommodated, with amenities. In Destination Resort overlay areas (DR-I), transient and permanent residential dwellings are intended to be accommodated, with amenities, but only within multiple land use districts overlayed with the designation." PP 0 8 8 Motion was made by Commissioner Stormont and seconded by Commissioner Puto to adopt the foregoing proposed amendment. Roll call vote was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner Lytton Commissioner Stormont Mayor Puto Motion failed for lack of a four-fifths. Yes No No Yes Yes 11 The Board then considered the following definition: "Resort means a planned development containing one (1) or more hotels under single ownership or management as a principal use with accessory uses that provide on-site recrea- tional, commercial and/or entertain- ment opportunities. In Resort land use districts (RE) transient occupancy only is intended to be accommodated except for required employee housing." Motion was made by Commissioner Stormont and seconded by Commissioner Jones to adopt this third version of PD lOA. Roll call vote was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner Lytton Commissioner Stormont Mayor Puto No No No Yes No Motion failed. Motion was made by Commissioner Stormont and seconded by Commissioner Lytton to table the remaining pro- posed amendments concerning Destination Resorts as adver- tised today - PD 14, PD l8A, PD l8B, PD 20, PD 21, PD 63, PD 7lA and PD 109. Roll call vote was unanimous. Motion was made by Commissioner Stormont and seconded by Commissioner Lytton to adopt the following Resolution modifying Resolution No. 688-l988*which was in support of the previous DCA Rule and to now remove the approval of the DR portion. RESOLUTION NO. 349-1989 See Res. Book No. 79 which is incorporated herein by reference. 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. There being no further business, the meeting was adjourned. * * * * * '0 Q) . .~o 4-lZ .~ 'Os:: 00 13>M ..... CIl;::l ..... . CIlr-l mOO ~o s:: CIl ......~ !-lQ) s::..... 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