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08/12/1988 Public Hearing MM n69 Public Hearing/Special Meeting Board of County Commissioners Friday, August l2, 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 Jerry Hernandez, Jr., Commissioner Michael Puto, Commissioner John Stormont, and Mayor Eugene Lytton. Also present were Danny L. Kolhage, Clerk; Rob Wolfe, Assistant County Attorney; Donald Craig, Assistant County Administrator - Growth Management Division; members of the County Planning Staff; members of the Press and Radio; and the general public. Fred Tittle, attorney, briefly discussed Agenda Item No. 97. There was no action taken. Agenda Item File No. Applicant: Request: Property Location: 37 37-M-50 Robert Stephens Change from SC/IS to SC Lots 1, 2, 3 and part of 4, Block 2; Lots 4, 5 and part of 6, Block 1, Day's Subdivision Key: Marathon Mile Marker: 50 County Map No. 234 Fred Tittle and David Day addressed the Board concerning the requested change. Dr. Hager and Harold Deboy addressed the Board in opposition to the requested change and presented petitions objecting to the change. (These petitions were not presented to the Clerk, but were given to the Planning Staff.) After examination, Donald Craig, Assistant County Administrator, advised that only two of the petitions con- cerned affected property owners and that the 4/5 Rule did not apply. Messrs. Craig and Tittle then discussed the ownership of the property and indicated that the property was now owned by Mr. Day and that Mr. Tittle was duly authorized to represent Mr. Day in this proceeding. Motion was made by Commissioner Puto and seconded by Commissioner Hernandez to accept the recommendation of the Planning Commission and approve designation of SC pursuant to 9.5-5ll(d)(4) and (5)b ii, iv, v. Roll call vote was taken with the following results: Commissioner Freeman Commissioner Hernandez Commissioner Puto Commissioner Stormont Mayor Lytton Yes Yes Yes No Yes Motion carried. 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 MM n70 Jim Mattson, attorney representing the applicant, addressed the Board. Roger Lloyd, a resident in the area, opposed the request. Mr. Craig advised the Board of his meeting with the Navy concerning the AICUZ and their indication to him that the property is on a list for acquisition by the Navy. He modified the Staff report and recommended SR designation. Mayor Lytton objected to any reference to the condition of being placed on an acquisition list. After a brief con- tinuation, Mr. Mattson indicated that the applicant was willing to accept the SR designation as recommended by Staff. Motion was made by Commissioner Hernandez and seconded by Commissioner Puto to approve the Staff recommen- dation and designate the entire property SR. Roll call vote was unanimous. 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 John Evers, Vice President of the Trustees of the Big Pine united Methodist Church, addressed the Board. Vern Pokorski, President of the Big Pine Civic Association, and Grace Mannillo of the Big Pine Civic Association and repre- sentative of Joan Renyu, an adjacent property owner, addressed the Board in opposition to the request. Motion was made by Commissioner Hernandez and seconded by Mayor Lytton to accept the Planning Commission's recommendation of approval to SC pursuant to 9.5-5ll(d)(4) and (5)b iv, v. Roll call vote was taken with the following results: Commissioner Freeman Commissioner Hernandez Commissioner Puto Commissioner Stormont Mayor Lytton No Yes Yes No Yes Motion failed for lack of a 4/5 vote. Reverend Smith addressed the Board. Joan Renyu, adjacent property owner, entered the meeting and advised the Board that she did indeed oppose the request. Reverend Smith asked several questions concerning his ability to proceed with the construction of the Sunday School Addition. Agenda Item File No. Applicant: Request: Property Location: 25 25-M-5l James and patricia Aultman Change from IS to SC Part of Lot 1, Block 1, Sea Crest Subdivision Key: Marathon Mile Marker: 51 County Map No. 234 Franklin Greenman, attorney for the applicants, addressed the Board. Carl Causey, an adjacent property owner, addressed the Board and opposed the request. Motion was made by Commissioner Freeman and seconded by Commissioner Stormont to accept the recommendation of the Planning Department for denial. Roll call vote was taken with the following results: MM n 7 1 Commissioner Freeman Commissioner Hernandez Commissioner Puto Commissioner Stormont Mayor Lytton Motion carried. Agenda Item File No. Applicant: Request: Property Location: Yes No No Yes Yes 34PS 34PS-M-52 Leonard and Arlene Kasperowicz Change from IS to SC Sunny Isle Motel Site Key: Marathon Mile Marker: 51 County Map No. 231 Frank Greenman, representing the applicants, addressed the Board. Edward Lisoski also addressed the Board concerning this matter. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to accept the recommen- dation of the Planning Department for denial. Roll call vote was unanimous. Agenda Item File No. Applicant: Request: Property Location: 48 48-M-76 Sarah Davis Change from SR to UR Tract A, Amended and Extended, Matecumbe Ocean Bay Subdivision, Section 1 Key: Lower Matecumbe Mile Marker: 76 County Map No. 186 Fred Tittle, attorney for the applicant, addressed the Board. Lucy Ann Niebler, Millie McClenithan, and Michael Bier of the Lower Matecumbe Key Association addressed the Board and opposed the request. Mr. Tittle entered an objec- tion for the record to the application of the 4/5 Rule in accordance with the current Code. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to accept the recommendation of the Planning Department for denial. Roll call vote was taken with the following results: Commissioner Freeman Commissioner Hernandez Commissioner Puto Commissioner Stormont Mayor Lytton Motion carried. Agenda Item File No. Applicant: Request: Property Location: Yes Yes Yes Yes No 61 6l-U-82 Paul and Johanna Safer Change from SR to UR Part of Lot 12. Square 10, Stratton's Subdivision Key: Upper Matecumbe Mile Marker: 82 County Map No. l77 MM 072 Mr. Craig represented Mr. Safer, who could not be present, and requested a continuation of this item until the Text Hearings. Motion was made by Mayor Lytton and seconded by Commissioner Stormont to continue this request to the Text Hearings. Roll call vote was unanimous. Agenda Item File No. Applicant: Request: Property Location: 73 73-U-89 Josephine Wood Change from IS to SRL Lot 6, Randall Adams Subdivision Key: Plantation Mile Marker: 88.8 County Map No. 162 Josephine Wood addressed the Board. Dennis Pawkett, Danny Reich, and Mr. Dennisen of the Upper Keys Property OWners Association opposed the request. Dagny Johnson of the Upper Keys Citizens Association also opposed the request. Mr. Craig advised that the Planning Department and DCA had modified their recommendation and that SR would be accep- table to both the County Staff and DCA. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to accept the recommendation of the Planning Department for the designation of SR. Roll call vote was taken with the following results: Commissioner Freeman Commissioner Hernandez Commissioner Puto Commissioner Stormont Mayor Lytton Yes No Yes Yes No Motion failed for the lack of a 4/5 vote. Motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to reconsider the Board's previous action. Roll call vote was taken with the following results: Commissioner Freeman Commissioner Hernandez Commissioner Puto Commissioner Stormont Mayor Lytton Yes Yes Yes No Yes Motion carried. Motion was then made by Commissioner Hernandez and seconded by Commissioner Freeman to accept the recommendation of the Planning Commission for the designa- tion of SRL, puruant to 9.5-5ll(d)(4) and (5)b ii, iv. Roll call vote was taken with the following results: Commissioner Freeman Commisisoner Hernandez Commissioner Puto Commissioner Stormont Mayor Lytton Yes Yes Yes No Yes Motion carried. Agenda Item File No. Applicant: Request: Property Location: 82 82-U-92 Florida Rock & Sand Co., Inc. Change from SC to I Lot 6 of Government Lot 1 and 2 Key: Largo Mile Marker: 92.5 Oceanside County Map No. 151 MM n 7 3 Fred Tittle, attorney for the applicants, and Steve Toreci of Florida Rock & Sand Co., Inc. addressed the Board. The following persons spoke in opposition: Fred T. Dick; Joe Kimball read a letter from the Blue Waters Property Owners Association opposing the request; Michael Carey; Robert Siebeck; Wayne Becker; Liz Larsen; Bill Skulthorpe of the Upper Keys Citizens Association; and Dagny Johnson. Mrs. Johnson submitted several documents for the record. Messrs. Tittle and Toreci then rebutted the statements of the oppo- nents. Mr. Craig addressed the Board and recommended denial of the requested change to I and that the Staff be directed to clarify the light industrial use possible in SC, in par- ticular the 2 acre maximum acreage requirement, buffering, hours of operation, etc. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to deny the request per Staff recommendation and directing Staff to pro- cess a Text Amendment in the current Six Months' Review which would delete Section 9.5-267 B8(A) relative to light industrial use in Suburban Commercial areas. Roll call vote was unanimous. Mr. Tittle proffered an objection for the record concerning the assurance by the Planning Director to the effect that he has the ultimate power to cause a Text Change without reference to DCA. He further proffered an objection based upon the fact that the Commission has left the applicant in the position of being a non-conforming use and without any opinion from the County Attorney as to whether or not, if the batching plant was destroyed, it could be rebuilt; and, further, that he nor his client could rely upon the statement by the Planning Director indicating that the problem would be solved by any proposed Text Amendment. Agenda Item File No. Applicant: 94 94-U-l04 Madelon Ravlin, J. E. Ravlin, Roxanne Hart Change from IS to SC Lots 1-25, Block 7, Largo Sound Village Key: Largo Mile Marker: 104 County Map No. III Request: Property Location: Jim Hendrick, attorney representing the applicants, addressed the Board and read a Resolution from the Largo Sound Village Property OWners Association supporting the request. Nancy Rahbine and Dagny Johnson opposed the request. Mr. Hendrick rebutted the statements of the speakers. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to approve the Planning Department's recommendation for denial. Roll call vote was unanimous. Agenda Item File No. Applicant: Request: Property Location: 97 97-U-98 David Russell Change from SR to SC Part of Tract 1 and Tract lA, Mandalay Subdivision Key: Largo Mile Marker: 97.4 Oceanside County Map No. 139 Fred Tittle, attorney for the applicant, withddrew that part of the application pertaining to Part of Tract 1. Myron MM n74 Berson addressed the Board and indicated no objection to the request on the remaining parcel which is Tract lA. Motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to accept the recommendation of the Planning Commission for approval of Tract lA to SC pursuant to 9.5-5ll(d)(4) and (5)b iii, iv, v, vi. Roll call vote was unanimous. There being no further business, the meeting was adjourned. * * * * *