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08/01/1988 Special MM n 1 7 Public Hearing/Special Meeting Board of County Commissioners Monda~ August 1, 1988 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 William Freeman, Commissioner Michael Puto, Commissioner John Stormont, and Mayor Eugene Lytton. Absent from the meeting was Commissioner Jerry Hernandez, Jr. Also present were Rosalie L. Connolly, Deputy Clerk1 Randy Ludacer, County AttorneY1 Rob Wolfe, Assistant County Attorney 1 Donald Craig, Assistant County Administrator - Growth Management Division1 members of the County Planning Staff1 members of the Press and Radi01 and the general public. The Board entered into a general discussion regarding the upcoming Land Use Plan Map Amendment Hearings. Fred Tittle, attorney, addressed the Board regarding use of tapes at possible appeals. After discussion, Mayor Lytton stipulated that the electronic recordings made by the Clerk of Monroe County are available to anyone who wishes to acquire same at cost. Dagny Johnson spoke before the Board. Agenda Item File No. Applicant: 1 l-L-5 Riviera Enterprises, Inc. and Nancy R. Gary, Trustee Change from IS to UR Lots 1-15, Block 2, Lincoln Manor Key: Stock Island Mile Marker: 5 County Map No. 581 Request: Property Location: Jim Hendrick, attorney for the applicant, addressed the Board. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to accept the recommen- dation of the Planning Commission and approve designation of UR pursuant to 9.5-5ll(d)(4) and (5)b ii, iv, v. During discussion, motion was made by Commissioner Stormont to amend the motion to approve only if the lots are used for affordable housing. Motion died for lack of a second. Roll call vote on the original motion was unanimous. ~ Agenda Item File No. Applicant: Request: Property Location: 3 3-L-lO Palmhurst, Inc. NA/SR to UR Porpoise Point, Section 3 Key: Big Coppitt Mile Marker: 10 County Map No. 547 Jim Mattson, attorney representing the applicant, appeared before the Board. Inasmuch as this request falls under the 4/5 Rule, the Board directed Staff to reschedule this item for a full Board. MM 018 Agenda Item File No. Applicant: Request: Property Location: 4 4-L-17 Sandra McKay Change from NA to SRL Part of Government Lot 1 Key: Saddlebunch Mile Marker: 17 County Map No. 498 Jim Hendrick, attorney representing the applicant, addressed the Board. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to accept the recommen- dation of the Planning Commission to grant approval of designation of SRL pursuant to 9.5-5ll(d)(4) and 5(b). Roll call vote was taken with the following results: Commissioner Freeman Commissioner Puto Commissioner Stormont Mayor Lytton Motion carried. Agenda Item File No. Applicant: Request: Property Location: Yes Yes No Yes 5 5-L-17 Charles Munder Change from NA to SS Lot 26 of Government Lot 1 Key: Lower Sugarloaf Mile Marker: 17 County Map No. 472 Charles Munder addressed the Board. Motion was made by Commissioner Stormont and seconded by Commissioner Puto to accept the Planning Commission's recommendation to approve designation of SS pursuant to 9.5-5ll(d)(4) and (5)b iii, iv, v and adherence to statutes. Roll call vote was unani- mous. Agenda Item File No. Applicant: Request: Property Location: 6 6-L-17 Irving Blumenthal Change from NA to IS Lot 8, Resubdivision of Government Lot 1 Key: Sugarloaf Mile Marker: 17 County Map No. 472 Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to accept Planning Department's recom- mendation for denial on the basis of inconsistency and lack of finding by the Planning Commission of appropriate cri- teria. Roll call vote was unanimous. Agenda Item File No. Applicant: Request: Property Location: 7 7-L-20 McKay-Richards Change from SR/NA to SC Part of Lots 1 and 2 Key: Sugarloaf Key Mile Marker: 20 County Map No. 468 Jim Hendrick, attorney for the applicants, addressed the Board. Motion was made by Commissioner Stormont to accept MM 0 1 9 the recommendation of the Planning Department for denial on the basis of inconsistency and lack of any affirmation. Motion died for lack of a second. Motion was then made by Commissioner Freeman and seconded by Commissioner Puto to accept the recommendation of the Planning Commission for approval of the SR portion to SC pursuant to 9.5-5ll(d)(4) and (5)b iii, iv, v. Roll call vote was taken with the following results: Commissioner Freeman Commissioner Puto Commissioner Stormont Mayor Lytton Motion carried. Agenda Item File No. Applicant: Request: Property Location: Yes Yes No Yes 9 9-L-23 John and Sandra Pearce Change from NA/SC to IS Lot 1, Block 3, Cutthroat Harbor Estates Key: Cudjoe Mile Marker: 23 County Map No. 439 Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to accept the recommendation of the Planning Commission to approve the IS designation pursuant to 9.5-5ll(d)(4) and (5)b iii, iv based on having found valid criteria for the amendment and consistency with the statutes. Roll call vote was unanimous. Agenda Item File No. Applicant: Request: Property Location: 10 10-L-24 Joseph and Laverne Fisher Change from NA to SC Lot 75, Hudgins Subdivision Key: Sununerland Mile Marker: 24 County Map No. 412 Joseph Fisher addressed the Board. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to accept the recommendation of the Planning Department for denial. Roll call vote was unanimous. Agenda Item File No. Applicant: Request: Property Location: - 11 ll-L-25 Frank Hample SS/NA to IS Lot 26, Niles Channel Subdivision Key: Sununerland Mile Marker: 10 County Map No. 411 Donald Craig, Assistant County Administrator, discussed cer- tain problems with this situation and recommended deferral of decision on this item. After discussion, motion was made by Mayor Lytton and seconded by Commissioner Freeman to defer any action and keep alive the applicant's due process rights. Roll call vote was unanimous. MM 020 Agenda Item File No. Applicant: Request: Property Location: 13 l3-L-25 Owens-Albury Change from NA to IS Lots 1 and 2, Block 2, Summerland Estates Resub. 2 Key: Summerland Mile Marker: 25 County Map No. 413 Motion was made by Commissioner Stormont and seconded by Commissioner Puto to accept the Planning Commission's recom- mendation of approval to IS pursuant to 9.5-5ll(d)(4) and (5)b iii based on having found valid criteria for the amend- ment and consistency with the statutes. Roll call vote was unanimous. Agenda Item File No. Applicant: Request: Property Location: 24 24-M-52 Aultman Construcction SR to IS Lot 13 and 1/2 of Lot 14, Buttonwood Acres Key: Marathon Mile Marker: 52 County Map No. 231 Franklin Greenman, attorney for the applicant, addressed the Board. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to continue this item for hearing on August 3rd along with Item 25. Roll call vote was unani- mous. Agenda Item File No. Applicant: Request: Property Location: 14 l4-L-25 Leda Grodsky Change from OS to SS Island at north end of Summerland Key Key: Summerland Key Mile Marker: 25 County Map No. 409 Donald Craig, Assistant County Administrator, addressed the Board. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to accept the recommen- dation of the Development Review Committee to change the designation to NA because of altered conditions. Roll call vote was unanimous. Agenda Item File No. Applicant: Request: Property Location: and 15 l5-L-27 Richard Kerwick NA to SRL Part of Government Lots 7 and 8 Key: Little Torcch Mile Marker: 27 County Map No. 372 MM 0 2 1 Agenda Item File No. Applicant: Request: Property Location: 17 l7-L-28 Paul Opland NA to SRL Part of Government Lots 7 and 8 Key: Little Torch Mile Marker: 28 County Map No. 372 Richard Kerwick addressed the Board. Donald Craig, Assistant County Administrator, requested a deferral in order to further investigate. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to continue these two items for first consideration on Wednesday, August 3rd. Motion carried unanimously. Agenda Item File No. Applicant: Request: Property Location: 16 l6-L-28 William Oblander Change from IS to SC Lots 29 and 30, Block 1, Jolly Roger Estates Key: Little Torch Mile Marker: 28 County Map No. 372 Garland Smith, representative of Mr. and Mrs. Oblander, addressed the Board. Carol Dobson, Vice President of the Jolly Roger Estates Property OWners Association, and Walter Benjamin spoke in opposition. Motion was made by Commissioner Stormont and seconded by Commissioner Puto to deny based on the consistency analysis according to statute and lack of criteria fulfillment. Roll call vote was unani- mous. Agenda Item File No. Applicant: Request: Property Location: 18 l8-L-30 Big Pine United Methodist Church SR to SC Part of NE, 1/4 of NW, 1/4 of 26 -66 S-29E Key: Big Pine Mile Marker: 30 County Map No. 343 Motion was made by Commissioner Puto and seconded by Commissioner Freeman to continue this item to Monday, August 8th, for first consideration on the Agenda. Roll call vote was unanimous. Agenda Item File No. Applicant: Request: Property Location: 3 3-L-lO Palmhurst, Inc. NA/SR to UR Porpoise Point, Section 3 Key: Big Coppitt Mile Marker: 10 County Map No. 547 The Board revisited this item. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to continue this item to Monday, August 8th. Roll call vote was unanimous. MM 022 Agenda Item File No. Applicant: Request: Property Location: 11 ll-L-25 Frank Hample SS/NA to IS Lot 26, Niles Channel Subdivision Key: Summerland Mile Marker: 25 County Map No. 411 The Board revisited this item. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to continue this item to the beginning of the process of the Text Amendments and Staff was directed to notify the appli- cant that he would be considered in the appropriate Text Amendment review process. Roll call vote was unanimous. Agenda Item File No. Applicant: Request: Property Location: 20 20-L-30 Koppen-Watkins-Groo Change from SR to SC or IS Tract 26 and 24 Key: Big Pine Mile Marker: 30 County Map No. 357 Fred Tittle, attorney representing the applicants, addressed the Board. Vern Pokorski, President of Big pine Civic Association, and Grace Mannillo, Zoning Chairman of the Big Pine Civic Association, spoke in opposition. Donald Craig, Assistant County Administrator, addressed the Board. Fred Tittle spoke in rebuttal. Motion was then made by Commissioner Stormont and seconded by Commissioner Freeman to deny based on the lack of criteria presented and non- conformance with statutory requirements. Roll call vote was unanimous. Agenda Item File No. Applicant: Request: Property Location: 21 2l-L-30 Andew and Eniko Kovats Change from IS to SC Lots 10 and 11, Block 9, Cahill Pines & Palms Key: Big Pine Mile Marker: 30 County Map No. 344 Eric Knudson, resident of Cahill Pines & Palms, and repre- senting fifty-seven property owners, spoke in opposition to this application. Vern Pokorski and Grace Mannillo also opposed this application. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to accept the Planning Department's recommendation for denial. Roll call vote was unanimous. Agenda Item File No. Applicant: Request: Property Location: 22 22-M-49 Mary Brush SR to ISD Lot 13, The Sombrero Properties Key: Boot Mile Marker: 49 County Map No. 239 David Manns, attorney representing the applicant, addressed the Board. Motion was made by Commissioner Puto and MM 023 seconded by Commissioner Stormont to direct Staff to prepare a Text Amendment to be immediately advertised to allow an attached duplex a minor conditional use in SR and to include consideration of density change in 9-302 if required. Roll call vote was unanimous. Agenda Item File No. Applicant: Request: Property Location: 23 23-M-48 Tropic South, Inc. NA to DR Parcels 10530, 10534, 10535, 10536, 10537, 10538 Key: Boot Mile Marker: 48 County Map No. 245 Motion was made by Commissioner Puto and seconded by Commissioner Freeman to continue until the Planning Commission has acted. Roll call vote was unanimous. There being no further business, the meeting was adjourned. * * * * * -