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08/22/1990 Special IT . 0020 CONTINUATION OF AUGUST 8, 1990 PUBLIC HEARING/SPECIAL MEETING Public Hearing/Special Meeting Board of County Commissioners Wednesday, August 22, 1990 Key West The August 8, 1990 Public Hearing/Special Meeting of the Monroe County Board of County Commissioners continued and reconvened at 10:00 a.m. on August 22, 1990 at the Chapel in the Public Service Building on Stock Island in Key West. Present and answering to roll call were Commissioner Wilhelmina Harvey, Commissioner Eugene Lytton, Commissioner Michael Puto, and Mayor John Stormont. Absent from the meeting was Commissioner Douglas Jones. Also present were Danny Ko1hage, 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 discussed the purpose of this meeting and also the scheduled Public Hearing for the transmittal of the Comprehensive Land Use Plan on August 24, 1990 at the Key Colony Beach City Hall at 5:05 p.m. After a brief discussion, motion was made by Commissioner Lytton and seconded by Commissioner Puto to continue until later in the day the matter regarding a joint program with Osceola County and the Osceola County Industrial Development Authority regarding qualifying health care providers. Motion carried unanimously. Robert Baggs, Manager of the Comprehensive Plan Team, addressed the Board concerning the "errata" documen- tation provided by the Staff. Mayor Stormont restated for the record the policy that the wording of actions taken by the Board and recorded by the Clerk will be the official documentation for such action. STAFF SUGGESTIONS FUTURE LAND USE ELEMENT Page 63 Motion was made by Mayor Stormont and seconded by Commissioner Lytton to add the following sentence at the end of the paragraph beginning with the words "Suburban areas": "Future land development regulations as contemplated will provide that unimproved properties will be those which will be used to shape and implement the goals, objectives and policies of this Plan for future utilization." Roll call vote was taken with the following results: IT 0021 Commissioner Harvey Commissioner Lytton Commissioner Puto Mayor Stormont No Yes Yes Yes Motion carried. Motion was made by Commissioner Lytton and seconded by Commissioner Harvey to change the last sentence of this paragraph to read as follows: "In future land use decisions, appropriate portions of Grassy Key, Fat Deer Key, Ramrod and Upper Sugar10af Key may exhibit this general pattern." Motion carried unanimously. Page 64 Motion was made by Commissioner Lytton and seconded by Commissioner Puto to replace the word "will" with the word "may" in the last sentence of the paragraph beginning with the words "Suburban commercial...." Motion carried unani- mously. Page 65 Motion was made by Mayor Stormont and seconded by Commissioner Lytton to re-insert the last sentence of the first paragraph with changes so that it now reads as follows: "They may also function as community centers, as the containment within designated bound- aries may help to identify them as such." Roll call vote was taken with the following results: Commissioner Harvey Commissioner Lytton Commissioner Puto Mayor Stormont No Yes Yes Yes Motion carried. Motion was made by Commissioner Lytton and seconded by Mayor Stormont to change the word "at" to the word "on" at the end of the third line of the first paragraph. Motion carried unanimously. Motion was made by Commissioner Puto and seconded by Commissioner Lytton to correct the typographical error of the word "this" in the fifth line from the bottom of the paragraph beginning with the word "Specific". Motion carried unanimously. Future Industrial Use Page 69 Motion was made by Mayor Stormont and seconded by Commissioner Lytton to delete the words "to grow" after the word "continue" in the eighth line, and add the words "requirements of" before the word "residential" in the same line. Motion carried unanimously. Future Mixed Use Page 70 Motion was made by Mayor Stormont and seconded by Commissioner Puto to add the following: "'Mixed Use' recognizes historically accepted development patterns in certain areas which are recognized but may not necessarily be a generally expandable category." IT- 0022 Motion carried unanimously. Future Agricu1tura1/Maricu1tura1 Uses Page 70 Motion was made by Mayor stormont and seconded by Commissioner Puto to delete this section on this page and to create a new paragraph that now reads as follows and insert this new paragraph as the second paragraph on Page 69: "Future Agricu1tura1/Maricu1tura1 Uses are currently small components of the County's economy, and may increase in the next twenty years. The existing maricu1ture activities on Summer1and Key, Grassy Key and Key Largo will continue and may even expand. These businesses should be protected and encouraged, as maricu1tura1 activities are consistent with the marine-related nature of the County's economy. They are not dependent on a waterfront location, and so are suitable within commercial and other appropriate areas as development requests occur." Motion carried unanimously. Historic Resources Page 71 Motion was made by Commissioner Lytton and seconded by Commissioner Puto to correct "bat towner" as it is misspelled and appears in lower case letters at the end of the third line so that it now reads "Bat TOwer". Motion carried unanimously. Community Plans Page 72 Motion was made by Mayor stormont and seconded by Commissioner Lytton to correct the spelling of the word "incorporated" in the last line. Motion carried unani- mously. Motion was made by Commissioner Puto and seconded by Commissioner Lytton to approve the Staff Suggestions, as amended, for transmittal purposes only, subject to any further con- sideration by the Board. Motion carried unanimously. MISCELLANEOUS Randy Ludacer, County Attorney, addressed the Board regarding a proposed joint program with Osceola County and the Osceola County Industrial Development Authority regarding qualifying health care providers. Commissioner Lytton requested that the County Attorney insert in any pro- posed inter1oca1 agreement the words "Monroe County" in place of the words "Governmental Uni t". The Board discussed the proposal and the services of its financial advisors. Motion was made by Commissioner Lytton and seconded by Commissioner Puto to refer the proposal to PFM, the Board's financial advisors, for their review and also requested that the County Attorney provide a final version of the proposed inter10cal agreement for their con- sideration. Roll call vote was unanimous. IT~ 0023 LAND us E PLAN HOUSING ELEMENT Policy 1.1.10 Page 58 Motion was made by Commissioner Lytton and seconded by Commissioner Puto to add the following words: "To encourage commercial on site affordable housing for employees, affordable employee housing units shall not be figured into the site's density calculations, and impact fees for such employee dwelling units shall be waived." Motion was made by Commissioner Harvey to add the words "within a reasonable distance of the site". Motion died for lack of a second. Roll call vote on the original motion was unanimous. COASTAL MANAGEMENT ELEMENT Additional Policy 5.2.5 Motion was made by Commissioner Lytton and seconded by Commissioner Puto to adopt the following new Policy 5.2.5: "Notwithstanding anything to the contrary contained in this Plan or any other Monroe County regulations, when required State and Federal permits have been issued covering shoreline and marine-related construction, the holder of such permits shall per se be entitled to County permits approving the development activity granted by the State and Federal permits as long as such activity is in conformance with the goals, objectives and policies of the Comprehensive Land Use Plan and the Land Development Regulations." Motion carried unanimously. Policy 2.2.5 Motion was made by Commissioner Lytton and seconded by Commissioner Puto to change the policy so that it now reads as follows: "....prevent the destruction of mangroves in accordance with existing Florida State Statutes." Roll call vote was taken with the following results: Commissioner Harvey Commissioner Lytton Commissioner Puto Mayor Stormont No Yes Yes Yes , Motion carried. Policy 9.1.6 Motion was made by Commissioner Lytton and seconded by Commissioner Puto to add the following sentence: I IT I 0024 "The County shall encourage the creation of facilities in excess of the above stated minimum requirements by offering appropriate concessions such as increased design f1exibi1ities and densities." Motion carried unanimously. CONSERVATION ELEMENT Policy 2.5.7 Motion was made by Commissioner Lytton to delete this Policy and to include language that issuing permits for pri- vate residential docks will be limited to the minimum length to reach the prescribed water depth. During discussion, this motion was withdrawn. Motion was then made by Commissioner Lytton and seconded by Commissioner Puto to simply delete this Policy 2.5.7. Motion carried unani- mously. Policy 12.3.1 Motion was made by Mayor Stormont and seconded by Commissioner Puto to change the policy so that it now reads: "Monroe County shall support State and Federal policies and regulations concern- ing dredge and fill activity." Motion carried unanimously. Policy 12.4.1 Motion was made by Commissioner Lytton and seconded by Commissioner Puto to add wording to Policy 12.4.1: "....vegetation shall be preserved to the fullest reasonable extent possible." and continuing "....export shall be considered when necessary to meet the balanced public and private needs for utilization and access. This policy recognizes the needed balance between human needs for recreation and commercial access and the preservation needs of the marine resource. It also recognizes that some modification or removal of existing elements may be reasonable to accomplish such balance." Motion carried unanimously. Policy 13.4.1 Motion was made by Commissioner Lytton and seconded by Commissioner Puto to change wording in Policy 13.4.1 to read: "....and no unreasonable or excessive impact is foreseen on marine resources." Motion carried unanimously. Policy 13.4.2 Motion was made by Commissioner Lytton and seconded by Commissioner Puto to change the wording to read: IT 0025 "....invo1ve destruction of any significant marsh areas, shellfish beds, or submerged grasses." Motion carried unanimously. Policy 13.4.7 Motion was made by Commissioner Lytton and seconded by Commissioner Puto to delete the words "delays in gaining approval" and begin with the words "However, State agencies shall be required to adhere to local regulations if more restrictive." Roll call vote was taken with the following results: Commissioner Harvey Commissioner Lytton Commissioner Puto Mayor Stormont Yes Yes Yes No Motion carried. Policy 13.4.11 Motion was made by Commissioner Lytton and seconded by Commissioner Puto to change Policy 13.4.11 to read only: "For marina and docking facilities not subject to Rule 16Q21.41 Fla. Admin. Code, the following criteria shall apply: "a) No docking facility shall be approved which does not first meet the requirements of D.E.R. and the Corps of Engineers." Roll call vote was taken with the following results: Commissioner Harvey Commissioner Lytton Commissioner Puto Mayor Stormont Yes Yes Yes No Motion carried. COASTAL MANAGEMENT ELEMENT Policy 1.8.4 Motion was made by Commissioner Lytton to create a new sec- tion in 1.8.4 - Recreation and Open Space - reading as Policy 5.2.3 now reads with the following addition: "Monroe County shall encourage the develop- ment of publicly accessed but privately owned recreational facilities which provide free local public access and use by waiving impact fees and other incentive practices such as allowing flexible design criteria in matters such as density and open space." Motion died for lack of a second. TRAFFIC CIRCULATION ELEMENT Motion was made by Mayor Stormont and seconded by Commissioner Puto to delete the six-1aning from the Future Traffic Circulation Map. Roll call vote was taken with the IT 0026 following results: Commissioner Harvey Commissioner Lytton Commissioner Puto Mayor Stormont No Yes Yes Yes Motion carried. Motion was made by Mayor Stormont and seconded by Commissioner Puto to add to Page 101 the following: "Goal 2 Future land use decisions shall be made in a manner which retains the ambiance and character of the Forida Keys. "Objective 2.1 Land use decisions shall be made on a basis of need and justification, to be demonstrated by any applicant. "Policy 2.1.1 Need shall be interpreted to be demonstration that a real and measurable need exists for the desired change in land use within the immediate planning area, in conjunction with already built and occupied/unoccupied similar use. "Policy 2.1.2 Justification shall be interpreted to be demonstration that such need is fulfilled by conformance of any application to the Comprehensive Plan and Land Use Regulations, as well as the measurable effect of the use change on predominant existing land uses within 2000 feet of the proposed change." Roll call vote was taken with the following results: Commissioner Harvey Commissioner Lytton Commissioner Puto Mayor Stormont No No Yes Yes Motion failed. There being no further business, the meeting was adjourned. * * * * *