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09/25/1987 Public Hearing Special , , , I ! f JJ 157 I :1 Public Hearing/Specfal Meeting Board of County Co~issioners Friday, September 2$, 1987 Key West - A Special Meeting/Public Hearing of the Board of County Commissioners convened at 10:00 a.m. on the above date in the Commission Chambers at 310 Fleming Street in Key West. Present and answering to roll call were Commissioner William Freeman, Commissioner Eugene Lytton, Commissioner Michael Puto, Commissioner John Stormont, and Mayor Jerry Hernandez, Jr. Also present were Danny L. Kolhage, Clerk; Rosalie L. Connolly, Deputy Clerk; Michael Halpern, Special Counsel; Dorr Fox, Land Use Planning Coordinator; Paula "Jennie- Luxton, Planning Aide; County Biologist; members of the Press and Radio; and the general public. Amendment #146 Arthur Choate; SR to RV; E half of Tract 3, W half of Tract 3, Goverment Lots 1, 2, 3, Tract 6, Government Lots 1, 2, 3, Tract 5, Government Lots 1, 2, 3, Tract 7, Government Lots 1, 2, 3, Parcel 2, Government Lots 1, 2, 3 and Tract 4. Fred Tittle, attorney representing the applicant, addressed the Board and requested withdrawal. Motion was made by Commissioner Lytton and seconded by Commissioner Stormont to accept the withdrawal of proposed Amendment #146. Motion carried unanimously. -- Michael Halpern, Special Counsel, addressed the public and discussed the requirements of Chapter 13. Amendment #5 Arthur and Betty Lujan; IS to PR, PR to SC; Lots 8-10, Key Haven 9th Addition, Little Raccoon Key. and Amendment #6 Arthur and Betty Lujan; IS to SR, SR to SC; Parcel B, Part of Government Lot 2, Key Haven, Little Raccoon Key. - The Clerk addressed the Board and discussed a scrivener's error in the Minutes of January 30, 1986. After a lengthy discussion, motion was made by Commissioner Lytton and seconded by Commissioner Puto to accept the Clerk's recom- mendation to correct the scrivener's error in the Minutes of January 30, 1986 at Page EE 179 regarding the description of the parcel. Motion carried unanimously. The Clerk pre- sented to the Board a colored map and a plastic overlay that were produced for the record at the January 30, 1986 meeting. The Board proceeded to investigate the map and the overlay. Robert Paterno, attorney representing the appli- cant, addressed the Board. Roger Braun, representing a group of property owners, addressed the Board. Mr. Paterno defined the parcel in question and discussed the mapping errors. Motion was made by Commissioner Stormont and seconded by Mayor Hernandez that Amendment 15 and Amendment 16 be considered part of a Focal Point Planning Program by the County to resolve the criteria of having special planning and regulatory needs in light of the area and that Staff be instructed to prepare for the Board's consideration an Area of Critical Concern Focal Point Planning for resolu- tion of the original materials - Al, A2 and A3. Special Counsel Halpern addressed the Board and advised that the Map JJ 158 Amendment being requested should be affirmed or denied at this meeting. Mr. Paterno and Mr. Braun addressed the Board. Roll call vote was taken with the following results: Commissioner Freeman No Commissioner Lytton No Commissioner Puto No Commissioner Stormont Yes Mayor Hernandez Yes Motion failed. Ty Symroski addressed the Board. After extensive discussion, motion was made by Commissioner Lytton and seconded by Commissioner Freeman that regarding proposed Amendment #5, the lots set aside for park purposes be corrected to Lots 9 and 10 instead of Lots 8 and 9 and to ratify the previous zoning on Lot 8 and show that the lots involved in the park set aside are Lots 9 and 10 and that Lots 9 and 10 will act as a buffering for the SC area. Roll call vote was unanimous. Motion was then made by Commissioner Lytton and seconded by Commissioner Freeman that regarding proposed Amendment #6, imposition would be made on the applicant to require a metes and bounds descrip- tion at the nearest point of the isthmus of land running along Key Haven Boulevard and a metes and bounds description at the nearest point to the land mass shown as SC and that the SC zoning be ratified to that parcel of land. Roger Braun addressed the Board. During discussion, m6tion was withdrawn. Motion was then made by Commissioner Lytton and seconded by Commissioner Freeman to continue to October 6th at a time certain of 2:00 p.m. for acceptance of a document absolutely delineating the SC area on us #1 on Amendment #6, that it be entered into the record, that a motion be made at that time, and that public input is closed. Roll call vote was unanimous. Amendment #152 Harbor Quay Associates; SR to DR; A parcel of submerged land starting with N'ly corner of Block 5, also Lots 2, 3, 4, Block 5, Matecumbe Beach Parcel II and further metes and bounds, also Lot 1, Square 5 Matecumbe Beach and further metes and bounds. Bill Spottswood, attorney for the applicant, addressed the Board. Larry Erskine, attorney, addressed the Board on behalf of a group of opponents. Bill Spottswood rebutted. Ty Syroroski addressed the Board. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to deny because the applicant failed to satisfy the burden required by Chapter 13 of the Land Use Plan. Roll call vote was unanimous. Bob Leeman, Assistant County Attorney, addressed the Board regarding a Modification of Agreement by and bet- ween Monroe County and Special Counsel Michael Halpern. Moti~n ~as made by Commissioner Lytton and seconded by Comm1ss10ner Puto to adopt the following Resolution authorizing the Mayor and Chairman of the Board to execute a M~dification of Agr7em7nt by and between Monroe County and M1chael Halpern mod1fY1ng that certain previous Agreement dated December 29, 1986. Roll call vote was unanimous. RESOLUTION NO. 363-1987 See Res. Book No. 61 which is incorporated herein by reference. The Board recessed for lunch. JJ 1 59 * * * * * The Board reconvened at 1:30 p.m. with all Commissioners present. Amendment '144 Charles Klopp; SR/NA/IS to CFA; Portion of Tract "B" of Matecumbe Ocean Bay, Section 2, Lower Matecumbe Beach. -- Sheri Smallwood, attorney for the applicant, addressed the Board. Tom Roberts and Clyde Means spoke in opposition. Pam Martin of O.F.F. addressed the Board. Sheri Smallwood rebutted. Roy Crabtree of Florida Fishing Guides Association addressed the Board. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to deny the request because the applicant failed to satisfy the burden required by Chapter 13 of the Land Use Plan. Roll call vote was taken with the following results: Commissioner Freeman Yes Commissioner Lytton No Commissioner Puto No Commissioner Stormont Yes Mayor Hernandez Yes Motion carried. Amendment 125 Lynn Kephart and Mark Bartecki; SR to IS; Part of Government Lot 8, S28, T66, R28, Cudjoe Key. Motion was made by Commissioner Freeman and seconded by Commissioner Puto to accept recommendation of Staff to deny -- because applicant has failed to satisfy the burden required by Chapter 13 of the Land Use Plan. Roll call vote was taken with the following results: Commissioner Freeman Yes Commissioner Lytton No Commissioner Puto Yes Commissioner Stormont No Mayor Hernandez Yes Motion carried. Amendment '43 Amistad Anstalt; CFV and SS to DR; Parts of Government Lots 1-5, S31, T66, R29, Govern- ment Lot 1, S6, T67, R29, Ramrod Key. Fred Tittle, attorney representing the applicant, addressed the Board. Motion was made by Commissioner Lytton and seconded by Commissioner Freeman to designate SC on the highway and SR on the point. Roll call vote was taken with the following results: -- Commissioner Freeman Commissioner Lytton Commissioner Puto Commissioner Stormont Mayor Hernandez Yes Yes Yes No Yes Motion carried. Amendment '48 R. and O. Kajfasz and Bruce Barkle; NA to SC; Part of Government Lot 9, S28, T66, Little Torch Key (RE 111373) and Part of Government Lot 9, S28, T55, Little Torch I JJ 160 Key (RE *11370 and *11371). Bill Spottswood, attorney for the applicant, addressed the Board. Motion was made by Commissioner Lytton an~ seconded by Commissioner Freeman to accept the recommend~t1on of the Planning Commission to approve pursuant to Sect10n 13-101 D 5 B ii, iv and v. Roll call vote was taken with the following results: Commissioner Freeman Yes Commissioner Lytton Yes Commissioner Puto Yes Commissioner Stormont No Mayor Hernandez Yes Motion carried. Amendment 150 Alvin Fried; NA to NA-Disturbed; Part of Lots 2 and 4, S33, T66, R29, Little Torch Key. Al and Maggie Fried addressed the Board. Motion was made by Commissioner Lytton and seconded by Commissioner Puto to recognize the status of this parcel as NA-Disturbed. Roll call vote was taken with the following results: Commissioner Freeman Commissioner Lytton Commissioner Puto Commissioner Stormont Mayor Hernandez Yes Yes Yes No Yes Motion carried. Amendment *51 Thomas Vocke; SR to IS; Lots 15 and 16, Block 6, Torch Key Estates, Little Torch Key. and Amendment *52 Donna Merritt and Dave Snyder; SR to IS; Block 1, Lots 1-23, Block 2, Lots 1-43, Block 3, Lots 1-37, Block 4, Lots 1-13 and 15-33, Block 5, Lots 1-6, 8-16, 19-20 and 24-27. Bill Spottswood, attorney representing the applicants and approximately 120 property owners, addressed the Board. Bill Rosick spoke in opposition. Thomas Vocke addressed the Board. Motion was made by Mayor Hernandez and seconded by Commissioner Freeman to accept the recommendation of the Planning Commission to approve Amendments '51 and #52 pur- suant to Chapter 13-101 D 5 b iii and iv. Roll call vote was taken with the following results: Commissioner Freeman Commissioner Lytton Commissioner Puto Commissioner Stormont Mayor Hernandez Yes Yes Yes No Yes Motion carried. Amendment #54 Harry Seiler; NA to IS; A parcel of land in part of Government Lot 2, S2l, T66S, R29E, Little Torch Key. Motion was made by Commissioner Lytton and seconded by JJ 1 6 1 Commissioner Freeman to deny because the applicant has failed to satisfy the burden required by Chapter 13 of the Land Use Plan. Motion carried unanimously. Amendment 155 Sunset Co. of Wilton; NA to IS; Part of SW quarter of SW quarter East of State Road 4A, Little Torch Key. - Fred Roth, representing the applicant, addressed the Board. Motion was made by Mayor Hernandez and seconded by Commissioner Freeman to accept the recommendation of the Planning Commission to approve pursuant to Section 13-101 D 5 b iii and iv. Roll call vote was taken with the following results: Commissioner Freeman Yes Commissioner Lytton Yes Commissioner Puto Yes Commissioner Stormont No Mayor Hernandez Yes Motion carried. Amendment 157 Mates Beach and Barry Beach Property Owners; sc to MU; Barry Beach and Mates Beach as recorded in PB-2, P-127, Little Torch Key. Stan Becker addressed the Board. Motion was made by Commissioner Freeman and seconded by Commissioner Puto to approve designation to MU. Roll call vote was taken with the following results: - Commissioner Freeman Commissioner Lytton Commissioner Puto Commissioner Stormont Mayor Hernandez Yes Yes Yes No Yes Motion carried. Amendment 159 Charles Lovering; SC to UC; Part of Govern- ment Lots 6, 11, S28, T66, R29, Little Torch Key. Motion was made by Commissioner Stormont and seconded by Commissioner Puto to accept the recommendation of Staff to deny because applicant has failed to satisfy the burden required by Chapter 13 of the Land Use Plan. Motion carried unanimously. Amendment 161 Century 21 Paints and Budd and patricia Brothers; NA to SR; Long Beach Estates Section D Motel Site, Big Pine Key. - Betty Brothers addressed the Board. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to designate SR-L. Motion carried unanimously with Mayor Hernandez absent from the meeting. RECONSIDERED Amendment 159 Motion was made by Commissioenr Puto and seconded by Commissioner Freeman to reconsider Amendment 159. Motion carried unanimously with Mayor Hernandez absent from the meeting. Bill Spottswood addressed the Board on behalf of the applicant. Motion was made by Commissioner Puto and JJ 1 62 seconded by Commissioner Freeman to accept the recommen- dation of the Planning Commission for approval to DC pur- suant to Section 13-101 D 5 b iv and v. Roll call vote was taken with the following results: Commissioner Freeman Yes Commissioner Lytton Yes Commissioner Puto Yes Commissioner Stormont No Mayor Hernandez Yes Motion carried. Amendment 163 Budd and patricia Brothers; NA to SR-L; Lots 1-30, Long Beach Estates, Sl, T67, R29, Big Pine Key. Bill Spottswood, attorney representing the applicants, addressed the Board. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to accept the recommen- dation of the Planning Commission to approve pursuant to Section 13-101 D 5. Roll call vote was unanimous. Amendment 165 John Cahill Family; NA to SR-L; Cahill pines and Palms Tract C, Big Pine Key. David Paul Horan, attorney representing the applicants, addressed the Board. Sandra K. Barrett, Environmental Planning Consultant, addressed the Board on behalf of the applicant. Frank Greenman, representing Big pine Civic Association and 49 individuals, addressed the Board in oppo- sition. Vern Pokorski, President of Big Pine Civic Association, and Harold Whitcraft also spoke in opposition. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to deny because the applicant has failed to satisfy the burden required by Chapter 13 of the Land Use Plan. Roll call vote was taken with the following results: Commissioner Freeman Yes Commissioner Lytton No Commissioner Puto No Commissioner Stormont Yes Mayor Hernandez No Motion failed. Motion was then made by Commissioner Lytton and seconded by Commissioner Puto to designate SR-L. Roll call vote was taken with the following results: Commissioner Freeman No Commissioner Lytton Yes Commissioner Puto Yes Commissioner Stormont No Mayor Hernandez Yes Motion carried. Amendment 166 Schirico Corp.; NA to SC; Part of NE quarter of SW quarter, S26, T66, R29, Big Pine Key. Buck DeVane addressed the Board on behalf of the applicant. Moti?n ~as made by Commissioner Freeman and seconded by Comm1ss10ner Puto to accept the recommendation of the Planning Commission to approve the entire parcel to SC pur- suant to Section 13-101 (d)5 (b)3. Roll call vote was taken with the following results: JJ 1 63 Commissioner Freeman Yes Commissioner Lytton Yes Commissioner Puto Yes Commissioner Stormont No Mayor Hernandez Yes Motion carried. Amendment i67 BHF Corp. 1 SR to SC1 Tract of land in SE quarter of NW quarter S26, T66, R29, Big Pine Key. - Buck DeVane addressed the Board. Motion was made by Mayor Hernandez and seconded by Commissioner Freeman to accept the recommendation of the Planning Commission to approve pur- suant to Section 13-101 (d)5 (b)3. Roll call vote was una- nimous. Amendment i76 Duane Donaldson1 IS to URM1 Lot 14, Block 44, Sands Subdivision, Big Pine Key. Motion was made by Commissioner Lytton and seconded by Commissioner Freeman to accept recommendation of Staff to deny because applicant has failed to satisfy the burden required by Chapter 13 of the Land Use Plan. Motion carried unanimously. Amendment '77 K. E. DerosaY1 SR to SC1 Lots 2-6, Southern Pine Subdivision, Big Pine Key. - K. E. Derosay addressed the Board. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to accept the recommendation of the Planning Commission to approve pursuant to Section 13-101 (d)5 (b)5. Roll call vote was unanimous. Amendment i78 John Cahill Family 1 SR to SC1 Part of Government Lot 3, S25, T66 R29, Big pine Key. David Paul Horan, attorney, addressed the Board on behalf of the applicants. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to accept the recommen- dation of the Planning Commission to approve pursuant to Section 13-101 (d)5 (b)3. Roll call vote was taken with the following results: Commissioner Freeman Yes Commissioner Lytton Yes Commissioner Puto Yes Commissioner Stormont No Mayor Hernandez Yes Motion carried. Amendment i147 Suzanne Miller1 IS to SC1 Parcel "A" commencing at NE corner of Lot 4 according to Plat "The Key", Upper Matecumbe Beach. - Mr. Miller addressed the Board. Motion was made by Commissioner Freeman and seconded by Commissioner Puto to accept the recommendation of the Planning Commission to approve pursuant to Section 13-101 (d)5 (b)3. Jim Lewis addressed the Board. During discussion, motion was withdrawn. Robert Koury, representing himself and the Swope Family, spoke in opposition. Jim Lewis spoke to the Board. Motion was made by Commissioner Stormont and seconded by JJ 164 Commissioner Lytton to accept the recommendation of the Planning Commission to approve pursuant to Section 13-101 (d)5 (b)3. Roll call vote was unanimous. Amendment 1149 Hans Wedemeyer1 IS to SR1 Tracts 5 and 6 of The Key Subdivision, Upper Matecumbe Key. Motion was made by Commissioner Stormont and seconded by Commissioner Puto to accept the recommendation of the Planning Commission to approve pursuant to Section 13-101 (d)5 (b)3. Motion carried unanimously. Amendment #257 John Biaimonte1 SR to MU1 Part of Tract 1, Lot 4 of Model Land Company Plat, Sll, T6l, R39, Key Largo. The Board discussed this matter. The applicant was not pre- sent. James T. Lynch, attorney representing Largo Sound Village Association and other adjacent property owners, objected to a postponement of the Board's consideration of this item due to the absence of the applicant and requested the Board to proceed with the request. This matter was con- tinued by the Board to 9:00 a.m. on October 15th in Key Colony Beach. Amendment #255 Royce Henline1 IS to SC1 Lots 18-22 and Abandoned Alley in Block 19 of Largo Sound Park 1st Addition, Key Largo. The applicant was not present. Ed Handte addressed the Board in opposition to the proposed Amendment. Motion was made by Mayor Hernandez and seconded by Commissioner Freeman to accept recommendation of Staff to deny because applicant has failed to satisfy the burden required by Chapter 13 of the Land Use Plan. Motion carried unanimously. Amendment i155 Jules and Dorina Toupin1 IS to SC1 Part of Lot 2, Block 6, Stratton's Subdivision, Upper Matecumbe Key. The Board continued this matter to October 15th at 9:00 a.m. in Key Colony Beach. Amendment i3ll John Stormont1 IS and URM to IS-M1 Blocks 1 and 2, Tavernaero. Motion was made by Commissioner Lytton and seconded by Commissioner Freeman to designate IS-M. Motion carried una- nimously. There being no further business, the meeting was adjourned. * * * * *