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07/23/1987 Public Hearing II 142 Public Hearing/Special Meeting Board of County Commissioners Thursday, July 23, 1987 Key Colony Beach A Public Hearing/Special Meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m. on the above date in the Key Colony Beach City Hall. Present and answering to roll call were Commissioner william Freeman, Commissioner Michael Puto, Commissioner John Stormont, and Mayor Pro Tem Eugene Lytton. Absent from the meeting was Mayor Jerry Hernandez, Jr. Also present were Danny L. Kolhage, Clerk; Rob Wolfe, Assistant County Attorney; Bob Leeman, Assistant County Attorney; Tom Brown, County Administrator; Charles Pattison and Planning Staff; members of the Press and Radio; and the general public. Amendment 153 Motion was made by Commissioner Puto and seconded by Commissioner Stormont to postpone consideration of proposed Amendment 153 to July 3lst. Motion carried unanimously. Amendment 157; 9-204B2; Page l09 Motion was made by Commissioner Puto and seconded by Commissioner Freeman to approve proposed Amendment 157 recommended by the Planning Commission and amend the section so that it reads as follows: "2. Commercial retail of low and medium intensity and office uses or any combination thereof of less than 2500 square feet of floor area, provided that:" Motion carried unanimously. Motion was made by Mayor Pro Tem Lytton and seconded by Commissioner Puto to adopt the following by unanimous con- sent: Amendment 158; 9-205A; Page llO Provided that public warehousing is not permitted, to add a use permitted as of right: "Storage areas, provided that the area does not exceed 25% of the gross area of the parcel proposed for development; if such areas exceed 25%, then approval must be obtained pursuant to Section 9-205B8." Amendment 161; 9-209B; Page l22 Add an additional use clause as follows: "radio, television, and telephone communication systems, provided that the applicant demonstrates compliance with the standards in Section 9-8ll" Amendment 162; 9-212A and B; Page l26 and 127 Delete the following permitted uses in the IS Subdivision District: "home occupations, commercial retail and marinas" Amendment 164; 9-2l9C; Page 144 Delete reference to "Light" Industrial District so that it reads as follows: II 143 "C. The following uses are permitted as major conditional uses in the Industrial District...." and strike the word "light" wherever it appears in conjunc- tion with "Industrial". Amendment 173: 9-306C: Page l60 Delete "parcels of land used for institutional purposes in a" so that the subsection reads as follows: "Notwithstanding the density limitations set forth in Sections 9-302 and 9-306, parcels of land classifed as Mixed Use, Urban Residential...." Amendment 184: 9-407: Page l66 To include in any district as a major conditional use: - "Monuments recognizing persons, or points, of historic, educational or archaeological interest, owned and operated by non-profit publicly supported organizations, provided: (a) the parcel of land is larger than 4 acres: (b) access to U.s. 1 is by way of an existing curb cut, a signalized intersection or a curb cut that is 400 feet from any other FDOT approved curb cut or side street on the same side of U.S. l: (c) the use is separated from adjoining residential uses by a Class H bufferyard: (d) signs recognizing persons or points of historic interest may be placed on any parcel, if applicable to the parcel, but shall not exceed 4 square feet." Amendment Il33: 9-203: Page l06 To deny Proposed Amendment 1133. Amendment Il34: 9-224: Page l53 To deny Proposed Amendment Il34. Amendment Il35: 9-223: Page 152 To deny Proposed Amendment Il35. Amendment Il52: II-l09D3: Page 260 Add a new subparagraph to permitted development in the Big pine Key Area of Critical County Concern and renumber sub- sequent section: 3. Nothing in this designation shall prohibit the development of recreational facilities such as baseball fields and picnic areas provided that no fences are utilized in connection with such facilities and the proposed development has an open space ratio of .95 and provided that such facilities otherwise comply with the provisions of these regulations. Amendment 168: 9-304: Page 156 Change throughout this section the term "single family detached dwelling" to "dwelling". Amendment 179, 9-401: Page 164 Delete the footnote reference, and add the following language at the end of the section: II 144 "Notwithstanding the foregoing, the replacement within six months of removal of a mobile home or recreational vehicle lawfully existing on the effective date of the Plan shall only be required to comply with the County's regulations in effect prior to the effective date of the Plan." Amendment '54; 9-ll2; Page 99 Modify purpose statement of Off-Shore Island District: "The purpose of this district is to establish areas that are not connected to u.s. 1 as protected areas, while permitting low intensity residential uses and campground spaces in upland areas that can be served by cisterns, generators and other self-contained facilities." Amendment 166; 9-302; Page l55 Amend open space ratio regarding Off Shore Island from .95 to . 90 Amendment '76; 9-307; Page l61 Under category .off-shore island", add a sub-category "campgrounds on spoil island in Key West Channel" with an allocated density of 5.0 campground spaces per acre and a maximum net density of 25 campground spaces per acre. Motion carried unanimously. Amendment 159; 9-206B; Page ll5 Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to accept the Planning Commission's recommendation that Institutional and Institutional Residential be added to 9-206C2 and to add a new minor con- ditional use to the SubUrban Residential District: "5. Churches, provided that: a. the parcel proposed for development is separated from any established residential use by a Class C bufferyard; and b. access to U.S. I is by way of: i. an existing curb cut; ii. a signalized intersection; or iii. a curb cut that is separated from any other curb cut on the same side of u.s. I by at least 400 feet." Motion carried unanimously. Amendment '60; 9-208C2b; Page 120 Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to deny the proposed Amendment '60 per Staff recommendation. Motion carried unanimously. Amendment '74; 9-306; Page 160 Motion was made by Mayor Pro Tem Lytton and seconded by Commissioner Freeman to add a new subsection D for employee housing as follows: "D. Unless the prov1s10ns of Section 9-306 C above are elected, any hotel of more than 50 units shall provide one employee housing unit for each 20 hotel units or fraction thereof, for use of or rental to employees II 145 of that hotel, with such rental charges not to exceed 20% of the employee's wages." Motion carried unanimously. Amendment 1139 Motion was made by Commissioner Puto and seconded by Commissioner Stormont to combine proposed Amendment Il39 and proposed Amendment 17 to be heard on July 30, 1987. Motion carried unanimously. Amendment 1177: 9-113: Page 99 Motion was made by Commissioner Puto and seconded by Commissioner Freeman to adopt the Planning Commission's recommendation to clarify the intent and definition of Improved Subdivision (IS) with the following changes: (I) amend Section 9-ll3, Purpose of the Improved Sub- division District (IS), as follows: The purpose of this district is to accommodate the legally vested residential development rights of the owners of lots in subdivisions that were lawfully established and improved prior to the adoption of these regulations or contiguous parcels of three or more of less than IS,OOO square feet each which had been created by metes and bounds prior to the adoption of these regulations. For the purpose of this section, improved lots are those which are served by a dedicated and accepted existing road of porous or non-porous material, that have a Florida Keys Aqueduct Authority approved potable water supply. This district is not intended to be used for new land use districts of this classification within the County. (2) amend Section 3-101 by adding a new I-I and renumbering the remaining "I" definitions, as follows: I-l. IMPROVED SUBDIVISION means areas set aside, which may have been previously platted or divided into contiguous lots or parcels of IS,OOO square feet or less, in numbers of three or more, for the purposes of residential dwellings and have at a minimum roads, either public or private, and potable water source available which is provided by or approvable by the Florida Keys Aqueduct Authority. and that under Section 9-l3 the language "that of sufficient upland to accommodate the proposed use in accordance to the required setbacks" be eliminated. Roll call vote was unanimous. Motion was then made by Commissioner Stormont and seconded by Commissioner Freeman to amend Amendment 1177 to incorporate the following changes: (2) amend Section 3-101 by adding a new I-l and renumbering the remaining "I" definitions, as follows: I-I. IMPROVED SUBDIVISION means areas that were lawfully established and improved prior to the adoption of these regulations II 1 4 6 or contiguous parcels of three or more of less than lS,OOO square feet each which had been created by metes and bounds prior to the adoption of these regulations, for the purposes of residential dwellings and at a minimum roads, either public or private, and potable water source available which is provided by or approvable by the Florida Keys Aqueduct Authority. Motion carried unanimously. Amendment il801 9-1l41 Page 99 Motion was made by Commissioner Puto and seconded by Commissioner Freeman to accept the Staff recommendation that no changes are needed and therefore to deny proposed Amendment i180. Motion carried unanimously. Amendment il8lA1 9-2l31 Page l27-l29 Larry Erskine addressed the Board concerning this matter. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to approve the Planning Commission's recommendation that detached residential dwellings be a matter of right rather than a minor conditional use and that the setback requirements for those dwellings be the same as those required for a detached residential dwelling under the suburban residential district. Motion carried unanimously. Amendment il8lB1 9-2l3(B)(l)(C)1 Page l28 Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to accept Staff recommendation and delete proposed Amendment fl8lB. Motion carried unani- mously. Amendment fl861 9-l021 Page 97 Motion was made by Commissioner Puto and seconded by Commissioner Freeman to accept Staff recommendation and delete proposed Amendment fl86. Motion carried unanimously. Amendment fl871 9-2061 Page ll4-ll8 Motion was made by Commissioner Puto and seconded by Commissioner Freeman to accept Staff recommendation and delete proposed Amendment il87. Motion carried unanimously. During discussion, motion was made by Commissioner Stormont and seconded by Commissioner Freeman to reconsider the pre- vious motion. Motion carried unanimously. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to modify the proposed Amendment to permit row cropping in five or more acres and to amend the definitions of agriculture to include the following language after the reference to row cropping: "except where five or more acres are involved". Motion carried unanimously. Motion was then made by Commissioner Stormont and seconded by Commissioner Freeman to accept the recommendation of the Planning com- mission that Section 9-206Bla read "the total number of units, four (4) per building" and Section 9-206C6 read "of fewer than l2 rooms per building". Motion carried unani- mously. Amendment 1631 9-2141 Page 129 Motion was made by Commissioner Puto and seconded by Commissioner Freeman to add another permitted use to the Recreational Vehicle District: "Accessory uses, including permanent owner/employee residential dwelling units. No more than one permanent residential unit II 147 per three RV spaces up to lOt of total spaces allowed or in existence." Motion carried unanimously. - Amendment tl75 Motion was made by Commissioner Puto and seconded by Commissioner Freeman to refer this proposed Amendment to Staff for a report back on July 3lst. Motion carried unani- mously. Amendment 167; 9-302; Page 155 Roger Bernstein addressed the Board concerning this proposed Amendment under category "off-shore island", to add a sub- category "spoil islands in Key West Channel" with an "allo- cated density of 5.0, a maximum net density of 25.0 and an open space ratio of .8". Motion was made by Commissioner Stormont and seconded by Commissioner Puto to modify the proposed Amendment to delete the words "in Key West Channel". Motion carried unanimously. Motion was then made by Commissioner Stormont and seconded by Commissioner Puto to provide a maximum net density of 12.0, an allocated den- sity of 1.0, and an open space ratio of .8. Motion carried unanimously with Commissioner Freeman not present. Amendment 199; 9-809; Page 202 The Board discussed proposed Amendment 199 to add a category "spoil islands in Key West Harbor" with an open space ratio of .8. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to adopt Proposed Amendment 199 modified to delete the reference to "in Key West Harbor". Motion carried unanimously. - Amendment t182; 9-2ll; Page 125-126 Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to deny proposed Amendment Il82. Roll call vote was unanimous. Fred Tittle questioned the Staff and Commission if a proposed change had been offered for the creation of a variance procedure. He was advised that one had been pro- posed. There being no further business, the meeting was adjourned. * * * * *