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02/22/1989 Public NN 138 Public Hearing/Special Meeting Board of County Commissioners Wednesday, February 22, 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 Key Colony Beach City Hall in Key Colony Beach. Present and answering to roll call were Commissioner Wilhelmina Harvey, Commissioner Douglas Jones, Commissioner John Stormont, and Vice Mayor Eugene Lytton. Absent from the meeting was Mayor Michael Puto. Also pre- sent were Danny L. Kolhage, Clerk; Garth Coller, Assistant County Attorney; Donald Craig, Director - Growth Management Division; members of the County Planning Staff; members of the Press and Radio; and the general public. Vice Chairman Lytton advised that Mayor Puto was a member of the State Association of County Commissions' Legislative Committee and was attending very important meetings concerning the matters to be considered before the 1989 Legislature. 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, discussed the Plan amendment process as it had occurred to date and the consideration of the negotiated settlement items. Commissioner Stormont objected for the record to any restrictions based on his ability to act, based upon the fact that a decision had been made that individual Ordinances must be adopted for each Plan amendment. Mr. Craig discussed the groupings of the Text amendments by subject matter. Danny Kolhage, Clerk, advised the Board of the pro- cess that would be used to transmit the Ordinances upon their approval by the County Commission. He advised that the Clerk's Office would be responsible for the transmission to the Secretary of State and their receipt thereof. However, the transmission of the adopted Ordinances to DCA and Municipal Code Corporation would be handled by the Growth Management Division. The following individuals addressed the Board: Fred Tittle, Maria Abadal of DCA, Al Fried, and Jim Mattson. Motion was made by Commissioner Stormont and seconded by Vice Chairman Lytton that the Board would con- sider the properly advertised amendments as proposed Plan amendments and, at the conclusion of the Public Hearings, would instruct Staff to prepare for adoption an Ordinance or Ordinances incorporating all of the action on the proposed amendments with a provision for severability. Roll call vote was unanimous. NN139 PO 1 Amending Section 9.5-2(c), Monroe County Code, in order to provide for applicability--this amendment would deem lawful all uses existing as of the date of the adoption of the Plan, September 15, 1986. All uses would not be non- conforming for the purpose of replacement; would be per- mitted as-of-right subject to applicable State and Federal Law; TO READ AS FOLLOWS: "All lawful uses existing on the effective date of this Chapter are hereby vested and shall not be considered nonconforming uses for purposes of replacement. Replacement shall be permitted as-of-right as previously constructed subject to applicable State and Federal law." Al Fried and Fred Tittle spoke in favor of the amendment. Maria Abadal of DCA and Bob Ernst opposed the amendment. Motion was made by Commissioner Harvey and seconded by Commissioner Jones to add the word "County" after the word "applicable" in the second sentence and to adopt PO 1 as amended. Roll call vote was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner Stormont Vice Chairman Lytton Yes Yes No Yes Motion carried. PO 2 Amending Section 9.5-4(A-l), Monroe County Code, in order to provide for an exception in the case of shore- line stabilization structures, fences and gates to the general rule that accessory uses may not be established without a principal use; TO READ AS FOLLOWS: "Accessory use or Accessory structure means a use or structure that is subordinate to and serves a principal use or structure; is subordinate in area, extent and purpose to the principal use or structure served; contributes to the comfort, convenience or necessity of occupants of the principal use or structure served; and is located on the same lot or lots under the same ownership and in the same land use district as the principal use or structure. Accessory uses include the utilization of yards for home gardens provided that the produce of the garden is for noncommercial purposes; however, in no event shall an accessory use be construed to authorize a use not otherwise permitted in the district in which the principal use is located, and in no event shall an accessory use be established prior to the principal use to which it is accessory except in the case of shoreline stabilization structures (i.e. bulkheads and rip rap, fences, and gates. )" Al Fried, Cleare Filer and Vern Pokorski addressed the Board. Motion was made by Commissioner Stormont and seconded by Commissioner Jones to adopt the Planning Commission's recommendation as amended by rewriting the last NN 140 phrase to read as follows: "except in the case of shore- line stabilization structures (i.e. bulkheads and rip rap)." Roll call vote was unanimous. PO 3 Amending Section 9.5-4, Monroe County Code, in order to provide for Section 9.5-4(A-l), by adding a definition access which shall mean ingress and egress to land bordering on a system of streets; TO READ AS FOLLOWS: "Access means to ingress and egress land bordering on a system of streets and roads." Motion was made by Commissioner Harvey and seconded by Commissioner Jones to adopt the Planning Commission's recom- mendation to read as follows: "Access means ingress or egress to land from a street or easement." Roll call vote was unanimous. PO 4 Amending Section 9.5-4(A-4), Monroe County Code, in order to provide for a new definition of affordable housing of 500 to 2,000 square feet in area per unit and limited by restrictive covenant to households deriving at least 70 percent of household income from employment in Monroe County, with adjusted gross annual income no greater than 120 percent of the County's median household income, at a cost not to exceed 30 percent of the household's annual income, for a 15 year period, while complying with all applicable codes and standards for acceptable construction; TO READ AS FOLLOWS: "Affordable Housing means a nontemporary attached or detached dwelling unit of not less than 500 square feet or more than 2000 square feet which is limited by a restrictive covenant running in favor of Monroe County, Florida, to use by households that derive at least 70 percent of their household income from gainful employment in Monroe County and with an adjusted gross annual income of no greater than 120 percent of the median household income from Monroe County as determined by u.S. Census or in the Florida Statistical Abstract, at a cost of no greater than 30 percent of the household's annual income as further herein specified, for a period of fifteen years. The dwelling unit must also meet all applicable requirements of the united States Department of Housing and Urban Development minimum property standards as to minimum room sizes, fixtures, landscaping and building materials where not in conflict with applicable laws of Monroe County." Al Fried, Jim Mattson and Bob Ernst addressed the Board. Motion was made by Commissioner Jones and seconded by Commissioner Harvey to approve an amendment to A-3 (items a through c) to amend as follows: "for a period of twenty years. The dwelling unit must also meet all applicable requirements of the U. S. Department of Housing and urban Development minimum property standards as to room sizes, fixtures, landscaping and building materials when not in conflict with applicable laws of Monroe County." Roll call vote was taken with the following results: 141 NN Commissioner Harvey Commissioner Jones Commissioner Stormont Vice Chairman Lytton Yes Yes Yes No Motion carried. PO 5 Amending Section 9.5-4 (A-4), Monroe County Code, in order to provide for a definition of airport use to exclude ultra-light aircraft use so long as these aircraft meet FAA criteria, are operated at sites no less distant that 5 nautical miles from either a public or military air- port, and do not exceed 10 ultra-light aircraft at the site of use1 TO READ AS FOLLOWS: "Airport uses mean fixed and rotary wing aircraft operations together with retail sales and service operations related to public or general aviation, including aircraft sales, repair and storage, commercial shipping and storage, and restaurants designed to serve aviation passengers, and other public uses. However, the use of site by any heavier-than-air, or ultra-light motorized aircraft, which meets the criteria for maximum weight, fuel capacity and airspeed established for such aircraft by the Federal Aviation Administration shall not be considered an airport unless the site is within five (5) nautical miles of either a public airport or military airport or the site will be utilized as a landing area for more than 10 of the ultra-lights.. Nicholas Mulik, attorney representing Tavernier Airport Park, addressed the Board. Clayton Whitehouse addressed the Board. Motion was made by Commissioner Stormont and seconded by Commissioner Harvey to approve as amended by rewriting the second sentence to read as follows: "However, the use of a site by any ultra-light aircraft, which meets the criteria for maximum weight, fuel capacity and airspeed established for such aircraft by the Federal Aviation Administration shall be considered an airport use of the site is within five (5) nautical miles of either a public airport or military airport, or 3,000 feet from the boun- daries of a private airport." Roll call vote was unanimous. The Board recessed for lunch. * * * * * The Board reconvened with all Commissioners present. The Board publicly announced that the following items would be considered as "Bulk Approval" items at the end of the meeting: PO 5A - Planning Commission to denY1 PO 7 - Planning Commission as amended 1 PO 8 - Planning Commission as amended 1 PO 9 - Planning Director's recommen- dation as approved by Planning Commission1 PO 10 - Planning Director's recommendation as approved by Planning Commission 1 PO llA - Planning Commission as amended and to NN 1.42 read twenty years; PD 16 - Planning Director's recommen- dation as approved by Planning Commission; PD l6A - Planning Director's recommendation as approved by Planning Commission; PD l8C - Planning Director's recommendation as approved by Planning Commission; PD 19 - Planning Commission's amendment; PD 19A - Planning Commission's amendment; PD 24 - Planning Director's recommendation as approved by Planning Commission; PD 25 - Planning Director's recommendation as approved by Planning Commission; PD 26 - Planning Director's recommendation as approved by Planning Commission; PD 28 - Planning Director's recommendation as approved by Planning Commission; PD 30 - Planning Commission as amended; PD 42 - Planning Commission's amended alternative; and PD 45(+48) - Planning Director's recommen- dation as approved by Planning Commission. Motion was made by Commissioner Harvey and seconded by Commissioner stormont to direct the Planning Staff to post these items in the room to indicate to the public that these will be considered for "Bulk Approval" at the close of the meeting. Motion carried unanimously. PD lOA Amending Section 9.5-4 (D-3), Monroe County Code, in order to provide for a definition of Destination Resort in Section 9.5-4(D-3), planned developments of at least 150 rooms; TO READ AS FOLLOWS: "Destination Resort means a planned development containing one or more hotels of at least 150 rooms as principal use with accessory uses that provide on-site recreational, commercial and entertainment opportunities of a magnitude sufficient to attract visitors and tourists for tenancies of three (3) or more days." Motion was made by Commissioner Harvey and seconded by Vice Chairman Lytton to approve with the amendment of "100 rooms" and to place a period after the word "tourists" and delete the remainder of the sentence. Jim Mattson, Fred Tittle, and George Kundtz addressed the Board. Roll call vote was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner Stormont Vice Chairman Lytton Yes No No No Motion failed. Motion was then made by Commissioner Stormont and seconded by Commissioner Jones to postpone this item until March 21st at 5:00 p.m. at Key Colony Beach City Hall and consideration of any DR Text Amendments, pending a special meeting to discuss the possible elimination of the DR concept (Items PD lOA, PD 14, PD l8A, PD l8B, PD 20 and PD 21). Maria Abadal of DCA addressed the Board. Roll call vote was unanimous. PD 11 Amending Section 9.5-4(D-S(c)(6), Monroe County Code, in order to provide for a definition of development which excludes the trimming of trees and mangroves; TO READ AS FOLLOWS: "The clearing of survey cuts or other paths of less than four (4) feet in width and the NN 143 mowing of vacant lots in improved sub- divisions and areas that have been continuously maintained in a mowed state prior to the effective date of the plan, the trimming of trees and shrubs and mangroves and gardening in areas of developed parcels that are not required open space and the maintenance of public rights-of-way and private accessways existing on the effective date of this chapter or approved private right-of-way." Al Fried, George Kundtz and Vern Pokorski addressed the Board. Motion was made by Vice Chairman Lytton and seconded by Commissioner Harvey to approve as amended by adding the words "to the extent allowed by State law" after the words "and mangroves" and before the words "and gardening". Roll call vote was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner Stormont Vice Chairman Lytton Yes Yes No Yes Motion carried. Motion was made by Vice Chairman Lytton and seconded by Commissioner Jones to rescind the Board's pre- vious action. Motion carried unanimously. Motion was then made by Vice Chairman Lytton and seconded by Commissioner Harvey to amend Item 0-5Ca)6) to include the following language: "including the trimming of mangroves to the extent allowed by law." Roll call vote was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner stormont Vice Chairman Lytton Yes Yes No Yes Motion carried. PO 12 Amending Section 9.5-4CG-3), Monroe County Code, in order to provide for a modification of the definition of gross acre to exclude tidally influenced mangroves; TO READ AS FOLLOWS: "Gross acre means the total area of a site excluding tidally innundated mangroves, not to exceed mean high tide and any publicly dedicated rights-of-way." Jim Mattson addressed the Board. Motion was made by Vice Chairman Lytton and seconded by Commissioner Harvey to delete the word "and" after the words "high tide" and insert the words "but includes" in lieu thereof, and to delete the word "publicly" before the word "dedicated". Roll call vote was unanimous. PO 13 Amending Section 9.5-4, Monroe County Code, in order to provide for a definition of fences; TO READ AS FOLLOWS: "CF-2) FENCE means a barrier made of rocks, logs, posts, boards, wire, stakes, rails, or similar material or combination of materials." NN 144 Motion was made by Commissioner Harvey and seconded by Commissioner Stormont to accept the Planning Commission's recommendation to approve with the insertion of the words "masonry components" after the word "rails,". Roll call vote was unanimous. PD 15 Amending Section 9.5-4, Monroe County Code, in order to provide for the repeal of the definitions of Level of Service C and Level of Service D as set forth in Sections 9.5-4(L-4) and (L-5) and creating a single defini- tion of Level of Service which shall mean a quantitative measure describing operational conditions within a traffic stream and refers to standard references such as the Highway Capacity Manua11 TO READ AS FOLLOWS: "Level of service means a quantitative measure describing operational conditions within a traffic stream. The procedures contained in the Highway Capacity Manual, Special Report 209, by the Transportation Research Board of the National Research Council, 1985, as updated or amended, shall be the primary basis and reference for determining the level of service of any given roadway, bicycle path, or pedestrian facility." Grace Mannillo, Planning Commission member, and Al Fried addressed the Board. Motion was made by Commissioner Stormont and seconded by Commissioner Jones to accept the Planning Commission's recommendation to accept the Planning Director's recommendation as approved by the Planning Commission. Roll call vote was unanimous. PD 17 Amending Section 9.5-4(0-3), Monroe County Code, in order to provide for a definition of Open Space which deletes the fifty percent rule regarding certain structures' status as Open Space if they are constructed of permeable materials and substitute a definition of Open Space that includes all access roads, sidewalks and septic tanks, drainfields, driveways, landscaping, setbacks, bufferyards and some uncovered patios without regard to permeability 1 TO READ AS FOLLOWS: "(0-3) Open Space means any portion of a parcel or area of land or water which is open and unobstructed from the ground to the sky including area maintained in a natural and undisturbed character. Open Space shall not include water below the mean high water line, or area covered with buildings, but shall include primary access roads, sidewalks, septic tanks, drainfields, driveways, landscaping, setbacks, bufferyards, and uncovered patios." Al Fried and Maria Abadal addressed the Board. Motion was made by Commissioner Jones and seconded by Commissioner Stormont to accept the Planning Commission's recommendation for denial. Roll call vote was unanimous. NN 1.45 PD 22 Motion was made by Commissioner Jones and seconded by Commissioner Harvey to continue to February 27th. Motion carried unanimously. PD 23 Amending Section 9.5-4, Monroe County Code, in order to provide for the repeal of Section 9.5-4(T-3), Monroe County Code, Time Share Estate. Motion was made by Commissioner Stormont and seconded by Commissioner Jones to accept the Planning Director's recom- mendation for repeal as approved by the Planning Commission. Roll call vote was unanimous. PD 27 Amending Section 9.5-22(h)(I), Monroe County Code, in order to provide for the removal of the wording which mandates regular meetings of the Planning Commission every two weeks; TO READ AS FOLLOWS: "Regular meetings of the Planning Commission shall be scheduled beginning January I of every calendar year for twice monthly, for a minimum of twenty-five (25) meetings each year. Special meetings may be called by the Mayor, the Chairman of the Planning Commission, a majority of the members of the Planning Commission, or of the Board of County Commissioners." Motion was made by Commisisoner Stormont and seconded by Vice Chairman Lytton to accept Planning Commission's recom- mendation for approval but to amend as follows: delete everything after the words "twice monthly," and insert in lieu thereof the words "and as required by a majority of the Board of County Commissioners, the Chairman of the Planning Commission, or a majority of the members of the Planning Commission." Roll call vote was unanimous. PD 27A Amending Section 9.5-22(h)(2), Monroe County Code, in order to provide for the removal of the wording which mandates regular meetings of the Planning Commission every two weeks; TO READ AS FOLLOWS: "The location of meetings shall be held in the Marathon area. If a matter is postponed due to a lack of quorum, the Chairman of the Commission shall continue the meeting as a special meeting to be held at the same location within seven (7) working days thereafter. In case of delays caused by other reasons, the hearing should be rescheduled to the next Commission meeting. The secretary shall notify all members of the date of the continued meeting and also shall notify all parties." Motion was made by Commissioner Stormont and seconded by Commissioner Jones to accept the Planning Commission's recommendation to deny. Roll call vote was unanimous. NN M6 PD 28A Amending Section 9.5-24(A)(2), Monroe County Code, in order to provide for special non-public Development Review Committee hearings when prudent and necessary; TO READ AS FOLLOWS: Up. To call special meetings of the Development Review Committee when deemed necessary and prudent to carrying out the duties and responsibilities of the position, such meetings to not be construed as public hearings." Motion was made by Vice Chairman Lytton and seconded by Commissioner Jones that the Board would not consider this item pending receipt of an opinion from the Ethics Commission. During discussion, motion was withdrawn. Donald Craig, Planning Director, withdrew this proposed amendment from consideration by the Board at this time. PD 29 Amending Section 9.5-44, Monroe County Code, in order to provide for the determination of completeness and compliance within twenty working days after an applica- tion is received and specifying that the Development Review Coordinator shall determine whether the application is complete and specifying that following a determination of completeness, an additional twenty working days shall be utilized to determine whether the application is in compliance with the Land Use Regulations; TO READ AS FOLLOWS: -Determination of completeness and compliance. Within twenty (20) working days after an application for development approval has been received, the Development Review Coordinator shall determine whether the application is complete. If the Development Review Coordinator determines that the application is not complete, he shall serve a written notice on the applicant specifying the application's deficiencies. The Development Review Coordinator shall take no further action on the application unless the deficiencies are remedied. If the Development Review Coordinator fails to make a determination of completeness within twenty (20) working days, the application is deemed complete. Once the application is deemed complete, the Development Review Coordinator shall cause the application to be evaluated within twenty (20) working days for compliance with the County's Land Use Regulations. If the Development Review Coordinator determines that the application is not in compliance, he shall serve a written notice explaining why this is so, and the application shall be denied. If the application is determined to be in compliance with these Land Use Regulations, the Development Review Coordinator shall notify the applicant and the secretary of the Planning Commission so that a public hearing may be scheduled no earlier than thirty (30) days following a determination of compliance and a notice given, if NN147 required, and shall convene the Development Review Committee. A determination of completeness shall not constitute a determination of compliance with the sub- stantive requirements of this chapter." Motion was made by Comissioner Stormont to accept the Planning Director's recommendation as approved by the Planning Commission. During discussion, motion was withdrawn. Fred Tittle and Jim Mattson addressed the Board. Motion was made by Commissioner Stormont and seconded by Commissioner Harvey to accept the Planning Director's recom- mendation amended as follows: insert the words "except for single-family dwellings" after the words "and compliance" and before the period in the second line above; remove the words "twenty (20)" in the second line above and insert in lieu thereof the words "fifteen (15)"; remove the words "twenty (20)" in the seventeenth line above and insert in lieu thereof the words "fifteen (15)"; remove the words "twenty (20)" on the twenty-second line above and insert in lieu thereof the words "ten (10)". Roll call vote was una- nimous. PD 31 This proposed amendment was withdrawn. PD 32 Amending Section 9.s-4s(c), Monroe County Code, in order to provide for a twenty-day notice requirement rather than thirty days prior to any public hearing; for the applicant to post the property that is subject to the hearing; to eliminate the requirement to post notice in the County Courthouses of such hearings; TO READ AS FOLLOWS: "(c) Posting of notice: At least twenty (20) days prior to any public hearing, the applicant shall post the property that is the subject of the hearing with a water- proof sign at least four (4) square feet in front surface area, which is so lettered so that the date, time and location of the hearing shall be easily visible from all public streets and public ways abutting the property." Motion was made by Commissioner Jones to amend to provide for a find of double the application fee. During discussion, motion was withdrawn. Motion was made by Commissioner Stormont and seconded by Commissioner Jones to accept the Planning Commission's recommendation to approve as amended but also to further amend and thus read as follows: "(c) Posting of notice: At least thirty (30) days prior to any public hearing, all applicants, excluding governmental agencies, shall post the property that is the subject of the hearing with a water-proof sign at least four (4) square feet in front surface area, which is so lettered that the date, time and location of the hearing shall be easily visible from all public streets and public ways abutting the property. Failure to provide proper notice as per the Monroe County Code or other reason resulting in a delayed hearing shall result in the NN - 1.48 renoticing and rehearing of the original proposal which shall be at the expense of the applicant and which shall be an amount equal to double the appropriate application fee. The applicant shall remove the posted notice within ten (10) days after completion of the hearing." Roll call vote was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner stormont Vice Chairman Lytton No Yes Yes Yes Motion carried. PO 33 Amending Section 9.5-45(e), Monroe County Code, in order to provide for the elimination of the requirement that the Development Review Coordinator weekly mail notice of all applications for conditional approval to all interested persons, organizations and associations which have registered under this provision; TO READ AS FOLLOWS: "(e) Other notice: Notice of all public hearings shall be mailed to all organizations, associations and other interested persons or groups which have registered with the Department of Planning and paid an annual fee to defray the cost of mailing." Motion was made by Commissioner Stormont and seconded by Commissioner Harvey to accept the Planning Director's recom- mendation as approved by the Planning Commission. Roll call vote was unanimous. BULK APPROVAL Motion was made by Commissioner Harvey and seconded by Commissioner Jones to adopt the following items by unani- mous consent: PO 05A Amending Section 9.5-4(0-5), Monroe County Code, in order to provide for the deletion of Section 9.5-4(0-5), definition of Development, in its entirety and the adoption of F.S. 380.04's language in its stead. Accept Planning Commission's recommendation for denial. PO 7 Amending Section 9.5-4(A-9), Monroe County Code, in order to provide for the repeal of Section 9.5-4(A-9), Monroe County Code, substituting a new definition which defines the term by the amount of traffic volume, trip length and operating speed and operability; TO READ AS FOLLOWS: "(R-7) Road, arterial means a route providing service which is relatively continuous and of high traffic volume, long trip length, high operating speed, and high mobility importance." NN. 149 Accept Planning Commission's recommendation for approval as amended: insert the word "relatively" before the words "traffic volume" and insert the word long "average" before the words "trip length". PD 8 Amending Section 9.5-4, Monroe County Code, in order to provide for the repeal of Section 9.5-4(C-8), Monroe County Code, the existing definition of Collector Road and substitute a definition relying upon traffic volume, trip length and operating speed which denotes such roads as average in all such categories; TO READ AS FOLLOWS: "(R-8) Road, collector means a route providing service which is of average traffic volume, average trip length, and average operating speed. Such a route also collects and distributes traffic between local roads or arterial roads and serves as linkage between land access and mobility needs." Accept Planning Commission's recommendation for approval as amended: insert the words "relatively moderate" before the word "average" at the end of the second line above; insert the word "moderately" before the word "average" in the third line above; insert the word "moderately" before the word "average" in the fourth word above; insert the word "a" between the words "as" and "linkage" in the next to the last line. PD 9 Amending Section 9.5-4(C-15), Monroe County Code, in order to provide for the deletion of the definition of Common Ownership. Accept Planning Director's recommendation for repeal as approved by Planning Commission. PD 10 Amending Section 9.5-4, Monroe County Code, in order to provide for Section 9.5-4(C-19), Monroe County Code, by adding a defnition of Connections to be defined as driveways, streets, turnouts, or other means of providing movement of vehicles to and from roads; TO READ AS FOLLOWS: "(C-19) Connections means driveways, streets, turnouts, or other means of providing the movement of vehicles to or from roads." Accept Planning Director's recommendation for approval as approved by Planning Commission. PD llA Amending Section 9.5-4(E-l), Monroe County Code, in order to provide for a new definition of Employee Housing of 500 to 1800 square feet in area per unit and limited by restrictive covenant to households deriving at least 70 per- cent of household income from employment in Monroe County, with adjusted gross annual income no greater than 120 per- cent of the County's median household income, at a cost not to exceed 30 percent of the household's annual income, for a IS-year period, while complying with all applicable codes and standards for acceptable construction; TO READ AS FOLLOWS: NN . 150 "C E-l) Employee housing means a non-temporary attached or detached dwelling units of not less than 500 square feet or more than 1,800 square feet which is limited by a restrictive covenant running in favor of Monroe County, Florida, for a period of fifteen years to be used by households that derive at least 70 percent of their household income from gainful employment in Monroe County and whose adjusted gross annual income does not exceed 120% of the median household for Monroe County as determined by the u.s. Census or the Florida Statistical Abstract and at a cost of no greater than 30% of the household's annual income as further herein specified. The dwelling unit must also meet all applicable requirements of the united States Department of Housing and Urban Development minimum room sizes, fixtures, landscaping and building materials, where not in conflict with applicable laws of Monroe County." Accept Planning Commission's recommendation for approval amended as follows: after the word "dwelling" in the third line above, delete "units" and replace with word "unit" and then delete the words "of not less than 500 square feet or more than 1,800 square feet"; and delete the word "fifteen" at the end of the seventh line above and insert the word "twenty" in lieu thereof. PD 16 Amending Section 9.5-4CM-l), Monroe County Code, in order to provide for the repeal of Section 9.5-4CM-l), Monroe County Code, and the creation of Section 9.5-4CR-6), Monroe County Code, a definition of Road Network which shall mean all arterial, collective and frontage roads; TO READ AS FOLLOWS: "CR-6) Road network system, major, means all arterial, collector, and frontage roads within Monroe County, including new arterial collective and frontage roads necessitated by new land development activity generating traffic." Accept Planning Director's recommendation above as approved by Planning Commission. PD l6A Amending Section 9.5-4CN-3), Monroe County Code, in order to provide for a definition of New Construction in Section 9.5-4CD-3) for structures where the building permit is obtained on or after the effective date of this chapter; TO READ AS FOLLOWS: "CN-3) New Construction means a structure for which a building permit is obtained on or after the effective date of this chapter." Accept Planning Director's recommendation above as approved by Planning Commission. 15:[ NN PD l8C Amending Section 9.5-4(R-5), Monroe County Code, in order to provide for an amended definition of Road Capacity to mean the maximum rate of flow at which vehicles can reasonably expect it to traverse a point or uniform segment of a roadway during a specified time which also pro- vides consistency with the Highway Capacity Manual; TO READ AS FOLLOWS: "(R-5) Road capacity means the maximum rate of flow at which vehicles can be reasonably expected to traverse a point or uniform segment of a lane or roadway during a specified time period under prevailing roadway, traffic, and control conditions, usually expressed as vehicles per hour." Accept Planning Director's recommendation to approve as approved by Planning Commission. PD 19 Amending Section 9.5-4, Monroe County Code, in order to provide for an amendment to the definition of Local Road defining it as a road providing a low level of service and traffic volume, trip length and minimal through traffic movement; TO READ AS FOLLOWS: "(R-9) Road, local means a route providing service which is of relatively low traffic volume, short trip length or minimal through-traffic movement and high land access for abutting property." Accept Planning Commission's recommendation for approval and amendment as follows: insert the word "average" before the word "traffic" in the second line above; and insert the word "average" after the word "short" in the third line above. PD 19A Amending Section 9.5-4(R-8), Monroe County Code, in order to provide for a definition of Frontage Road--as a public street or an auxiliary road which is normally placed alongside highway, for the purposes of maintaining a local road and continuity and control of access; TO READ AS FOLLOWS: "(R-8) Road, frontage means a public street or road auxiliary to and normally located alongside and parallel to a highway for purposes of maintaining local road continuity and for control of access." Accept Planning Commission's recommendation for approval and amendment as follows: delete the word "normally" at the end of the second line above; and after the word "alongside" and before the word "and" in the third line above, insert the following: ", abutting". PD 24 Amending Section 9.5-4(T-6), Monroe County Code, in order to provide for an amended definition of Trip to mean a single or one directional movement with either the origin or the destination existing or entering inside the study site: TO READ AS FOLLOWS: NN 1.52 "(T-6) Trip means a single or one- direction movement with either the origin or destination existing or entering inside the study site." Accept Planning Director's recommendation to approve as approved by Planning Commission. PD 25 Amending Section 9.5-4, Monroe County Code, in order to provide for a definition of Trip Ends to mean the total of all trips entering plus all trips leaving a study site over a particular period of time: TO READ AS FOLLOWS: "( T-7) Trip Ends means the total of all trips entering plus all trips leaving a study site over a period of time." Accept Planning Director's recommendation to approve as approved by Planning Commission. PD 26 Amending Section 9.5-4, Monroe County Code, in order to provide for a definition of Ultra-Light Aircraft which shall mean any heavier than air motorized aircraft that meets the criteria for maximum weight fuel capacity and air speed for such aircraft set up by the Federal Aviation Administration: TO READ AS FOLLOWS: "(U-I) Ultra-Light Aircraft means any heavier-than-air, motorized aircraft which meets the criteria for maximum weight, fuel capacity, and airspeed established for such aircraft by the Federal Aviation Administration." Accept Planning Director's recommendation to approve as approved by Planning Commission. PD 28 Amending Section 9.5-24, Monroe County Code, in order to provide for changes in the organization of the Planning Department consistent with the reorganization of the administration functions of the County Government under the County Administration by referring to the functional areas as sections: TO READ AS FOLLOWS: "The Department of Planning shall perform the planning functions for the County and shall provide technical support and guidance for action on applications for development approval and shall perform such other functions as may be requested by the Board of County Commissioners or the Planning Commission. The Department of Planning shall be composed of a capital improvements planning section, a current planning section, and a land use and long-range planning section." Accept Planning Director's recommendation to approve as approved by Planning Commission. " . NN 153 PD 30 Amending Section 9.5-45, Monroe County Code, in order to provide for the elimination of the rquirement to include the address of property and the substitution of a requirement that a site description be provided to assist others and locating it prior to the public hearing held con- cerning the development of the property; TO READ AS FOLLOWS: "(a) Content of notice: Every required notice shall include the date, time and place of the hearing, a description of the site of the proposed development to identify it for others to locate, the legal description of the subject property with reference to the closest mile marker, a summary of the proposal to be considered, and identification of the body conducting the hearing." Accept Planning Commission's recommendation for approval as amended: after the words "hearing," in the third line above, insert the words "the address where known, " . PD 42 Amending Section 9.5-68{d), Monroe County Code, in order to provide for the notice of a minor conditional use grant shall be in a newspaper of local circulation in the County by advertisement as is required by Section 9.5-45{b); TO READ AS FOLLOWS: "(d) Notice of Grant of a Minor Conditional Use Permit: The Director of Planning shall give notice of any development order granting a minor conditional use by sending a written notice to all owners of real property located within three hundred (300) feet of the property that is subject to the minor conditional use permit and publish such notice as prescribed in Section 9.5-45{b)." Accept Planning Commission's recommendation to approve but modified as follows: delete everything after the words "minor conditional use permit" in the ninth line above and insert the following in lieu thereof: "and notice of the intent to issue the minor conditional approval shall be published in newspapers of local circulation in the County by advertisement in the legal section. The costs of publication and written notice are to be borne by the applicant." PD 45{+48) Amending Section 9.5-70{f), Monroe County Code, in order to provide for a report prepared by the Planning Director for conditional use permits only and without review by the Planning Commission if not otherwise reserved for their review, and elimination of any consent agenda submit- tal, and the nullification of a rejected final plan not sub- mitted within 180 days; TO READ AS FOLLOWS: "Unless final development plan approval has been reserved to the Planning Commission as a condition of approval of a conditional use permit or by the provisions pertaining to that Land Use District, the Director of Planning, upon NN ~54 a finding of conformity with the conditional use approval, shall prepare a report of his findings. If final action of a final development plan has been reserved to the Planning Commission, regularly scheduled meeting and upon the recommendation of the Planning Director, shall approve a final development plan if it is deemed to be in conformity with conditional use approval. It shall return the final plan to the applicant with a written statement of the changes that would make the final plan conform. The Planning Commission shall consider the final plan at a regularly scheduled hearing when requested by the applicant. Any final plan rejected by the Planning Commission shall be deemed null and void if not resubmitted within 180 days." Accept Planning Director's recommendation to approve as approved by Planning Commission. Roll call vote was unanimous. PD 22 Motion was made by Commissioner stormont and seconded by Vice Chairman Lytton to rescind the Board's pre- vious action. Roll call vote was unanimous. Motion was then made by Commissioner stormont and seconded by Vice Chairman Lytton to postpone PD 22 until March 1st. Roll call vote was unanimous. Motion was made by Commissioner stormont and seconded by Commissioner Jones to continue the following proposed amendments to March 1st: PD 34, PD 35, PD 36, PD 37, PD 38, PD 39, PD 40, PD 41, PD 43, PD 43A, PD 43B, and PD 44. Roll call vote was unanimous. There being no further business, the meeting was adjourned. * * * * * DLK/c