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08/10/1990 Special S~ 0170 CONTINUATION OF AUGUST 8, 1990 PUBLIC HEARING/SPECIAL MEETING Public Hearing/Special Meeting Board of County Commissioners Friday, August 10, 1990 Key Colony Beach The August 8, 1990 Public Hearing/Special Meeting of the Monroe County Board of County Commissioners continued and reconvened at 9:55 a.m. on August IO, 1990 at the City Hall in Key Colony Beach. Present and answering to roll call were Commissioner Wilhelmina Harvey, Commissioner Douglas Jones, Commissioner Eugene Lytton, Commissioner Michael Puto, and Mayor John Stormont. Also present were Rosalie Connolly, Deputy Clerk; Randy Ludacer, County Attorney; Tom Brown, County Administrator; Robert Baggs, Project Manager, and members of the Comprehensive Plan Team; County Staff; members of the Press and Radio; and the general public. Mayor Stormont opened the meeting by discussing the purpose of the meeting and the provisions of the Florida Statutes under which it was being held. Randy Ludacer, County Attorney, addressed the meeting concerning procedures and the provisions of the law regarding those who wished to produce a record for possible appeal. The Mayor announced that the Board would have to assume the written status of the documents presented to them and that no changes would be made in those documents unless officially voted upon by the Board, and Staff was so directed. The Mayor also stated that the official record of these proceedings would be that of the Clerk and the Board recognized that there would be a time delay in provision of the official Minutes. Mr. Baggs was requested to note this and directed that any concern over wording be clarified if necessary with the Clerk during these proceedings so that Staff could move forward. Each Commissioner made some opening remarks. FUTURE LAND USE ELEMENT MAPS Staff made a presentation to the Board. Motion was made by Commissioner Lytton and seconded by Commissioner Puto to reject the maps presented by the Planning Team and, in their place, using the designators prescribed in 9-J-5 plus the addition of IIMU" which is not only discussed but in some places encouraged, to take the existing 380 maps and color code them and assign those 9-J-5 designations to existing conditions. Motion was made by Mayor Stormont to amend so that where the Mixed Use category is indicated, to add Commercial Fishing Special District, Commercial Fishing Area and Commercial Fishing Village; and ss 0 1 7 1 to amend also to recognize that Policies, Goals and Objectives will guide future utilization of the maps. The amendments were accepted by the maker and the seconder. Roll call vote was unanimous on the original motion as amended. Motion was made by Commissioner Lytton and seconded by Commissioner Harvey that "R" - Residential Use - will include UR, SR, SS, IS, ISM, ISD, URM, RV, and SRL. Roll call vote was unanimous. Motion was made by Mayor Stormont and seconded by Commissioner Lytton that "PF" will include all existing mapped schools, public and private parks, playgrounds and public facilities. Motion carried unanimously. Motion was made by Mayor Stormont and seconded by Commissioner Puto that no Agricultural placements are required in that none exist and none are contemplated and Mariculture activities required as Agricultural are appropriately recognized under Policies, Goals and Regulations. Motion carried unanimously. Motion was made by Mayor Stormont and seconded by Commissioner Puto that Historic is to map all those existing historic sites inasmuch as provisions exist in Policies and Goals for future designations. Motion carried unanimously. Motion was made by Commissioner Puto and seconded by Mayor Stormont that the Commercial designation will include DC and SC. Motion carried unanimously. Motion was then made by Commissioner Jones and seconded by Mayor Stormont to elimi- nate the designation of Destination Resorts and put them under the Commercial designation. Motion carried unani- mously. Motion was made by Mayor Stormont and seconded by Commissioner Lytton that all "I" districts will be designated as Industrial. Motion carried unanimously. Motion was made by Mayor Stormont and seconded by Commissioner Harvey that offshore islands will be designated "c" for Conservation. Motion carried unanimously. Motion was made by Commissioner Puto and seconded by Commissioner Lytton that all military facilities will be included in the designation of PF. Motion was made by Commissioner Lytton to amend so that this designation will cover all Local, State or Federal military facilities. The amendment was accepted by the maker. Motion as amended carried unanimously. Motion was made by Mayor Stormont and seconded by Commissioner Puto that all airport districts will be PF. Motion carried unanimously. Motion was made by Mayor Stormont and seconded by Commissioner Lytton that all maritime industries will be designated Mixed Use. Motion carried unanimously. Motion was made by Mayor stormont and seconded by Commissioner Lytton to modify a previous PF motion to exclude parks and playgrounds and now call them Recreational, passive and active, to include Federal, State and Local. Motion carried unanimously. Motion was made by Commissioner Jones and seconded by 55 0 1 72 Commissioner Lytton that golf courses are to be included under Commercial. During discussion, motion was withdrawn. Motion was then made by Commissioner Jones and seconded by Commissioner Lytton that golf courses are to be designated Recreational. Motion carried unanimously. The Board recessed for lunch. * * * * * The Board reconvened with all Commissioners pre- sent. FUTURE LAND USE ELEMENT Motion was made by Mayor Stormont and seconded by Commissioner Lytton that all native areas by boundary lines on existing maps be designated as Conservation. Motion was made by Commissioner Lytton to amend in order that the record indicates that by so doing there is no net loss or gain in beneficial use as of right as it exists. This amendment was accepted by the maker. Motion was then made by Commissioner Harvey to amend so that individual platted lots prior to the Land Use Plan of 1986 also be included. This amendment died for lack of a second. Roll call vote on the original motion as originally amended was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner Lytton Commissioner Puto Mayor Stormont No Yes Yes Yes Yes Motion carried. Motion was then made by Commissioner Lytton and seconded by Commissioner Puto that all MU is MU and that all commercial fishing designated areas be included under MU. Motion was then made by Mayor Stormont to recognize that this reverses a previous motion and secondly to explicitly qualify those areas as CFA, CFV and CFSD. The amendment was accepted by the maker and seconder. The original motion as amended carried unanimously. MISCELLANEOUS Commissioner Lytton addressed the Board regarding the subject of a public ombudsman. After discussion, motion was made by Commissioner Harvey and seconded by Commissioner Puto that the County hire Sandy Barrett as an "ombudsman/ facilitator" at the rate of $75.00 per hour, not to exceed one hundred hours. Motion was then made by Commissioner Lytton to amend to direct the County Attorney and County Administrator to reduce to writing the job description of the "ombudsman/facilitator" and bring same back to the Board as soon as possible. The amendment was accepted by the maker and the seconder. Sandy Barrett addressed the Board. The motion was withdrawn. Mayor Stormont directed ~he C9u~ty Attorney and the County Administrator to clarify ~n wr~t~ng the parameters of the proposed position. I 56 0 1 7 3 FUTURE LAND USE ELEMENT MAPS Motion was made by Commissioner Puto and seconded by Mayor Stormont to place parks and refuges in the Future Land Use Maps under Conservation. Motion carried unanimously. Motion was made by Mayor Stormont and seconded by Commissioner Puto that Mainland Native be designated as Mainland Native. Motion carried unanimously. Motion was made by Mayor Stormont and seconded by Commissioner Lytton that conservation areas, if so found, are to be Conservation. Motion carried unanimously. Motion was made by Mayor Stormont and seconded by Commissioner Lytton that in ACCC where no underlying zoning district be found, it be called appropriately according to its prior zoning. Motion carried unanimously. Motion was made by Mayor Stormont and seconded by Commissioner Puto that research parks shall be Conservation. Motion carried unanimously. Motion was made by Mayor Stormont and seconded by Commissioner Puto that all previous actions designated as "c" for Commercial be now indicated as "BU" for Business or Commercial. Motion carried unanimously. TEXT Page 63 Motion was made by Commissioner Lytton and seconded by Commissioner Harvey to accept the Planning Commission's recommendation to amend Line 38 of Paragraph 3 thereof to change the word "Native" to "Rural/Native". Motion carried unanimously. Page 64 Motion was made by Commissioner Harvey and seconded by Commissioner Puto to deny the Planning Commission's recom- mendation to amend Line 13 of Paragraph I to delete entirely "Windley Key" and instead to remove the comma after Islamorada and insert in lieu thereof a slash so as to now read "...Islamorada/Windley Key,...". Motion carried unani- mously. FUTURE LAND USE CONCEPT MAPS Motion was made by Commissioner Harvey and seconded by Commissioner Lytton to accept the Planning Commission's recommendation that all three such maps change "Native" designation to "Rural/Native". Motion carried unanimously. Motion was made by Commissioner Puto and seconded by Mayor Stormont to accept the Planning Commission's recommendation to delete the urban core designation for Rockland Key on the Lower Keys Concept Map. Motion carried unanimously. Motion was made by Mayor Stormont and seconded by Commissioner Puto to accept the Planning Commission's recom- mendation to add the Pantry Pride Shopping Center and Winn Dixie Shopping Center as commercial centers at their appropriate locations on the Middle Keys Concept Map. s.s 0174 Motion carried unanimously. Motion was made by Mayor Stor- mont and seconded by Commissioner Puto to accept the Planning Commission's recommendation to add the Ocean Reef Club commercial area as commercial center at its appropriate location on the Upper Keys Concept Map. Motion carried una- nimously. Motion was made by Mayor Stormont and seconded by Commissioner Jones to deny the recommendation of the Planning Commission to extend the redevelopment area designation in Marathon to include area from 49th Street to the Seven Mile Bridge. Motion carried unanimously. Motion was made by Commissioner Jones and seconded by Commissioner Lytton to deny the Planning Commission's recom- mendation to reduce the urban core area shown on Big Pine Key to reflect current business areas, as conceptually shown on the "Wayne Jessup" map. Motion carried unanimously. GOALS, OBJECTIVES AND POLICIES Objective 1.2 Motion was made by Mayor Stormont and seconded by Commissioner Puto to accept the Planning Commission's recom- mendation to delete the word "appropriate" and insert the word "compatible" in lieu thereof. Motion carried unani- mously. Policy 1.2.3 Motion was made by Commissioner Lytton and seconded by Commissioner Jones to deny the Planning Commission's recom- mendation to delete the word "discouraged" and replace it with the word "prohibited" at the end of the Policy. Motion was made by Mayor Stormont to amend to change the word "Native" in the first line of the policy to "Native/Rural" for consistency's sake. The amendment was accepted by the maker and seconder. Motion as amended carried unanimously. Policy 1.5.2 Motion was made by Mayor Stormont and seconded by Commissioner Lytton to accept the Planning Commission's recommendation to change this policy so that it now reads: "By 1993, Monroe County shall formulate a plan to implement "transitional areas" as buffers between high intensity commercial uses and residential areas. These areas should allow moderate or low intensity uses only." Motion carried unanimously. Policy 1.15.1 Motion was made by Commissioner Lytton and seconded by Mayor Stormont to accept the Planning Commission's recommendation to remove the words "Big Pine Key Focal Point" and replace with the word "Comprehensive" prior to the word "Plan." Motion carried unanimously. Policy 1.IS.2 Motion was made by Mayor Stormont and seconded by Commissioner Puto to accept the Planning Commission's recom- mendation to remove the words "North Key Largo Habitat Conservation" and replace with the word "Comprehensive" prior to the word "Plan." Motion carried unanimously. 55 0 1 75 Policy 1.15.3 Motion was made by Mayor Stormont and seconded by Commissioner Puto to accept the Planning Commission's recom- mendation to remove the words "Holiday Isle Parking Study" and replace with the words "Comprehensive Plan". Motion carried unanimously. Policy 1.15.4 Motion was made by Mayor Stormont and seconded by Commissioner Harvey to accept the Planning Commission's recommendation to change this Policy so that it now reads: "Future development in the Ohio Key Area of Critical County Concern shall be consistent with the adopted Comprehensive Plan." Motion carried unanimously. ERRATA Page 3 Motion was made by Mayor Stormont and seconded by Commissioner Lytton to accept the recommendation to correct the spelling of Fort Myers. Motion carried unanimously with Commissioners Jones and Puto not present. Page 48 Motion was made by Mayor Stormont and seconded by Commissioner Lytton to accept the recommendation to change "IG9,128" to "IIG,837" to reflect the unincorporated County figure. Motion carried unanimously with Commissioners Jones and Puto not present. Pages 5l, 52 Motion was made by Mayor stormont and seconded by Commissioner Lytton to accept the recommendation to add ".7" to the Table's title figure. Motion carried unanimously. Page 90 Motion was made by Mayor Stormont and seconded by Commissioner Lytton to accept the recommendation to delete the words "police and fire protection" from Policy 1.4.3. Roll call vote was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner Lytton Commissioner Puto Mayor Stormont Yes No Yes Yes Yes Motion carried. Future Land Use Concept Map, Lower Keys Motion was made by Mayor Stormont and seconded by Commissioner Lytton to accept the recommendation to delete the triangle attached to MM 20. Motion carried unanimously. General Motion was made by Mayor Stormont and seconded by Commissioner Lytton to modify the Evaluation and Monitoring Matrix for consistency with the final draft. Motion carried unanimously. After discussion, motion was made by Mayor Stormont and seconded by Commissioner Lytton to reconsider the previous motion. Motion carried unanimously. Motion was made by Mayor Stormont and seconded by Commissioner Sb 0 1 7 6 Lytton to modify the Evaluation and Monitoring Matrix of any and all Elements for consistency with the final draft. Motion carried unanimously. Motion was then made by Mayor Stormont and seconded by Commissioner Puto to ensure that pagination, figure numbers and the Table of Contents are correct in all Elements. Motion carried unanimously. TEXT Page 68 Future Maritime Commercial Use Commissioner Puto directed Staff to readdress this section to eliminate "expansion of these uses is not planned" and insert proper verbage to allow for the protection of the commercial fishermen and to bring back to the Board. Page I Area Of Critical State Concern Motion was made by Commissioner Lytton and seconded by Mayor Stormont to eliminate the beginning words "some years ago," and insert the exact date. Motion carried unanimously. Page 84 INTENT Motion was made by Commissioner Lytton and seconded by Commissioner Puto to strike the last sentence of the third paragraph. Motion carried unanimously. GOALS, OBJECTIVES AND POLICIES Policy l.l.l Motion was made by Commissioner Lytton and seconded by Commissioner Jones to change the second Subparagraph (vii) to Subparagraph (viii) and then to delete Subparagraph (viii). Roll call vote was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner Lytton Commissioner Puto Mayor Stormont Yes Yes Yes Yes No Motion carried. Policy 1.1.3 Motion was made by Commissioner Lytton and seconded by Commissioner Harvey to delete the words "By July 1991," and insert in lieu thereof the words "Within one year after sub- mission of the adopted Comprehensive Plan,". Motion carried unanimously. Policy 1.2.5 Motion was made by Commissioner Lytton and seconded by Mayor Stormont to change this Policy so that it now reads: "The primary function of the Redevelopment Areas shown on the Future Land Use Concept maps should be used to encourage the reduction of incompatible uses." Motion carried unanimously. Policy 1.6.2 Motion was made by Commissioner Lytton and seconded by Mayor 58 0 1 7 7 Stormont to amend to change the date of "1993" to the date of "1995". Motion carried unanimously. Objective 1.10 Motion was made by Commissioner Lytton and seconded by Mayor stormont to insert the word "ratios" after the words "open space" in the third line thereof and also would confirm for the record that wherever this proposed Land Use Plan refers to the Principles for Guiding Development, that it is acknowledged that that means Chapter 380.0552, Sub- paragraph 7 A-L. Motion carried unanimously. Policy l.ll.l Motion was made by Commissioner Lytton and seconded by Mayor Stormont to change the last line thereof to now read "programmed capability of hurricane shelters, refuges and/or hurricane evacuation plans." Roll call vote was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner Lytton Commissioner Puto Mayor Stormont No No Yes Yes Yes Motion carried. TEXT Motion was made by Commissioner Puto and seconded by Mayor Stormont to change the words "Civil Defense" wherever appearing to the words "Department of Emergency Management". Motion carried unanimously. Page 28 Motion was made by Commissioner Jones and seconded by Commissioner Lytton to add the following paragraph after the paragraph at the top of the page: "Additional historical survey research has been conducted by the Historic Florida Keys Preservation Board in the Upper Keys, determining that significant architectural structures exist in Tavernier, which comprise perhaps the last cohesive grouping of structures in the Florida Keys, outside of Key West, to merit additional future consideration for preservation and National Register historic district designation." Motion carried unanimously. Page 30 Motion was made by Commissioner Jones and seconded by Commissioner Harvey to delete the first complete sentence at the top of the page and insert the following in lieu thereof: "There are estimated to be more than 50 significant structures in Tavernier which remain from the railroad construction days, perhaps the last cohesive collection of historic structures in the Florida Keys outside of Key West." Motion carried unanimously. SS 0 1 78 Page 56 Commercial Development Motion was made by Commissioner Jones and seconded by Commissioner Harvey that the second sentence in the last paragraph should indicate that Cheeca Lodge was "expanded", not "built" in 1988. Motion carried unanimously. Page 57 Topography Motion was made by Mayor Stormont and seconded by Commissioner Lytton to add the following sentence after the first sentence: "However, the geological formations in the Florida Keys tend to permit much greater absorption rates in those areas above sea level." Motion carried unanimously. Page 65 Motion was made by Commissioner Jones and seconded by Commissioner Puto that in the paragraph beginning with "Redevelopment areas", the second sentence should be deleted and the following sentence inserted in lieu thereof: "These areas contain concentrations of the most neglected structures, as far as maintenance is concerned, in the County as well as the largest number of substandard structures." Motion carried unanimously. Page 70 Areas of Critical County Concern Motion was made by Mayor Stormont and seconded by Commissioner Jones to delete the introductory paragraph and insert the following in lieu thereof: "There are four areas in the County previously identified as requiring special analysis. Three of those areas -- Big Pine Key, Windley Key and North Key Largo, required specific planning programs to address concerns which required Area of Critical Concern designation. Although the analyses are contained in individual plans for each area, the plan documents are reproduced here." Motion carried unanimously. Page 85 Motion was made by Commissioner Lytton and seconded by Commissioner Jones to add the following paragraph: "In that intent of the Board of County Commissioners is that land use decisions ultimately be guided by finite carrying capacities of infrastructure facilities and impacts of development on the natural environment, the Future Land Use Maps shall only be considered as a guide in determining, under any application for land use permit or change, what appropriate action would be taken, given other con- siderations of goals and objectives under this plan." 55 0 1 79 Motion carried unanimously. GOALS, OBJECTIVES AND POLICIES Page 91 Additional Policy Motion was made by Mayor Stormont and seconded by Commissioner Lytton to add the following Policy: "Policy 1.4.6. Protect all residential land uses from encroachment of incompatible land use types." Motion carried unanimously. Page 91 Additional Policy Motion was made by Mayor Stormont and seconded by Commissioner Jones to add the following Policy: "Policy 1. 4.7. Encourage residential land use patterns con- ducive to residential neighborhood development." Motion carried unanimously. Page 101 Additional Goal, Objectives And Policies Motion was made by Mayor Stormont and seconded by Commissioner Jones to add various Objectives and Policies with relation to the following additional Goal: "Goal 2. Future land use decisions shall be made in a manner which retains the ambiance and character of the Florida Keys." Roll call vote was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner Lytton Commissioner Puto Mayor Stormont Yes No No No Yes Motion failed. Page 71 Addition Motion was made by Mayor Stormont and seconded by Commissioner Puto to add a paragraph to read as follows: "Community Plans In 1989, the Monroe County Board of County Commissioners approved the development of a Community Plan for the island of Lower Mate- cumbee Under Planning Grant, citizen partici- pation, spearheaded by Lower Matecumbe Key Association Incorporated, developed and approved a "Lower Matecumbe Key Community Plan and Design Guidelines" in February 1990. This Plan is incorporated into this Future Land Use Element to guide zoning and planning decisions involving Lower Matecumbe Key." Roll call vote was taken with the following results: 56 0 1 8 0 Commissioner Harvey Commissioner Jones Commissioner Lytton Commissioner Puto Mayor Stormont No No Yes Yes Yes Motion carried. Addition Motion was made by Mayor Stormont and seconded by Commissioner Lytton to add the following Goal: "Goal 4 Incorporation of a Future Land Use Map as part of this Comprehensive Plan shall not affect the conformance of any structure or use, nor shall such adoption create any non-conformities." During discussion, motion was amended by the maker and the seconder to not make the foregoing language a Goal but to instead include the language as Subparagraph (viii) under Policy l.l.l. Roll call vote was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner Lytton Commissioner Puto Mayor Stormont Yes No Yes Yes Yes Motion carried. TEXT Pages 125 - 128 Motion was made by Commissioner Jones and seconded by Commissioner Harvey to eliminate "Redevelopment Areas" from being specifically identified on the Maps or in the Text. Roll call vote was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner Lytton Commissioner Puto Mayor Stormont Yes Yes Yes Yes No Motion carried. Motion was made by Commissioner Lytton and seconded by Commissioner Puto that, as a general rule, wherever "1991" appears that it be changed to "1991/1992" in all Evaluation and Monitoring Implementation Matrices in each and every Element and that this rule also be applied in all appropriate Goals, Policies and Objectives. Motion carried unanimously. GOALS, OBJECTIVES AND POLICIES Policy 1.4.3 Motion was made by Commissioner Harvey and seconded by Commissioner Puto to delete the reference to "public schools". Motion carried unanimously. 55 0 1 8 1 TEXT Motion was made by Mayor Stormont and seconded by Commissioner Lytton that State and Regional Consistency Matrices updating be done consistent with the direction given for the Evaluation and Monitoring Implementation Matrices wherever the Board has approved a change. Motion carried unanimously. Mayor Stormont announced that this Public Hearing/ Special Meeting would reconvene on Monday, August 13, 1990, at 9:00 a.m. at the Key Colony Beach City Hall for the pur- pose of discussing certain of the Elements of the Comprehensive Land Use Plan. There being no further business, the meeting was adjourned. * * * * *