07/27/1987 Public Hearing
II 159
Public Hearing/Special Meeting
Board of County Commissioners
Monday, July 27, 1987
Key Colony Beach
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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. Ko1hage, C1erk1 Rob Wolfe, Assistant County
Attorney 1 Tom Brown, County Administrator1 Charles Pattison
and Planning Staff1 members of the Press and Radio1 and the
general public.
Motion was made by Commissioner Puto and seconded
by Commissioner Freeman to approve the following actions by
unanimous consent:
Amendment '61 3-l01C-51 Page 11
Accept the recommendation of the Planning Commission to
amend the definition of capital improvement as follows:
Capital Improvement means the planning of,
engineering for, acquisition of land or
equipment, and the construction of
improvements including but not limited to
road, park, solid waste, library, public
and emergency services, and police
facilities, but does not include routine
maintenance.
Amendment '121 3-101 M-1
Deny proposed Amendment 112.
Amendment f121B1 12-101D(d)1 Page 273
Deny proposed Amendment 1121B.
Amendment f121C1 12-101D(d)1 Page 273
Accept the recommendation of the Planning Commission and
insert the following sentence in Section l2-l01D(d) before
"standard applicable practices..~"
Needed improvements shall be determined
through the end of a twenty-year time
horizon beginning with the year the
project is "built out" or completed.
Amendment i121D1 12-101G11 Page 275
Deny proposed Amendment i121D.
Amendment f121E1 12-101I(3)ai Page 277
__ Accept the recommendation of the Planning Commission to
insert the following at the beginning of Section l2-101I(3)a:
"The funds collected by reason of the
establishment of the Fair Share
Transportation Fee shall be used
solely for the purpose of acquisition,
expansion and development of the
major road network system determined
to be needed to serve new develop-
ment, including, but not limited to:
II 1 60
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.
xi.
planning, design and construction
plan preparation,
right-of-way acquisition,
construction of new through lanes,
construction of new turn lanes,
construction of new bridges,
construction of new drainage
facilities in conjunction with
new roadway construction,
purchase and installation of traffic
signalization,
construction of new curbs, medians
and shoulders,
construction of new bicycle paths,
construction of new pedestrian
pathways and sidewalks,
installation of new landscaping in
conjunction with any of the projects
above.
Amendment 1123; 12-1011, 12-102F, 12-103F, 12-l04F, 12-105G;
Page 277, 284, 292, 298, 303
Accept the recommendation of the Planning Commission to
delete reference to "trust fund" in title and delete all of
paragraphs 1, 2 and 3a and insert:
1. The County shall establish an appropriate
accounting mechanism for insuring that the
fees collected pursuant to this section
are appropriately earmarked and spent for
the capital expansion of the County's
major road network system.
2. Three accounts shall be established, one
for each subdistrict as shown in
Appendix A to this Volume, and the fees
collected pursuant to this section shall
be paid into the accounts established
for the subdistrict in which the new
land development activity is proposed.
3a. Proceeds from each account shall be used
exclusively for the capital expansion of
the County's major road network system
in the subdistrict from which the monies
have come, and in a manner consistent
with the Capital Improvements Plan of
the Comprehensive Plan.
Delete the word "trust" from subsection 3b. Make similar
changes to all other impact fees.
Amendment 1125; 12-l01J; Page 279
Deny proposed Amendment 1125.
Amendment 1127; 12-104B; Page 296
Accept the recommendation of the Planning Commission to
delete "nonresidential $6.45 per lb." and add the
following:
Marina, per berth $25.80
Medical, Banking and Other Office 6.45/100 s.f.
Warehouse/Wholesale 12.90/100 s.f.
Restaurant (incl. fast food) 22.58/100 s.f.
Supermarket/Convenience Store 58.05/100 s.f.
Retail under 100,000 s.f. 25.80/100 s.f.
Retail over 100,000 s.f. 32.25/100 s.f.
II 161
Amendment 1163; 12-101 G1; Page 275
Deny proposed Amendment 1163.
Amendment 1164; 12-101 I(3)a; Page 277
Accept the recommendation of the Planning Commission to
insert the following at the beginning of Section 12-101 I(3)a:
"The funds collected by reason of the
establishment of the Fair Share
Transportation Fee shall be used solely
for the purpose of acquisition, expan-
sion and development of the major road
network system determined to be needed
to serve new development, including,
but not limited to:
-
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.
- xi.
planning, design and construction
plan preparation,
right-of-way acquisition,
construction of new through lanes,
construction of new turn lanes,
construction of new bridges,
construction of new drainage
facilities in conjunction with new
roadway construction,
purchase and installation of traffic
signalization,
construction of new curbs, medians
and shoulders,
construction of new bicycle paths,
construction of new pedestrian
pathways and sidewalks,
installation of new landscaping in
conjunction with any of the projects
above.
Amendment 4188; 12-103(C)(1)/(F)(1); Page 287-295
Accept Staff's recommendation to deny proposed Amendment
4188.
Amendment 127; 4-104H; Page 45
Accept the recommendation of the Planning Commission to
remove "Division of Code Enforcement" from under Department
of Planning, provided that Code Enforcement is made a
separate department.
Amendment 428; 4-107A; Page 47
Accept Staff's recommendation to deny proposed Amendment
128.
Amendment 430; 5-105D; Page 50
Accept Staff's recommendation to deny proposed Amendment
130.
Amendment 131; 5-109; Page 54
Accept Staff's recommendation to deny proposed Amendment
431.
Amendment 132; 5-305D; Page 56
Accept the recommendation of the Planning Commission to
amend as follows:
The proposed use will have an adverse
effect on the value of surrounding
properties.
Amendment 133; 5-308E; Page 58
Deny approval of proposed Amendment 433.
II 162
Amendment #34; 5-308D, 309D; Page 58-59
Accept recommendation of Staff to add at the end of both
sections:
Notice shall be mailed within fifteen days.
Amendment #35; 5-309E; Page 59
Accept recommendation of Staff to change title of subsection
to "Consideration by the BOCC of a major conditional use
approved by the Planning Commission."
Amendment .38; Chapter 5, Division 4; Page 66
Accept Staff's recommendation to deny proposed Amendment
138.
Amendment '40; Chapter 5, Division 4; Page 67
Accept Staff's recommendation to delete proposed Amendment
140.
Amendment 141; 5-402; Page 68
Accept recommendation of Planning Commission to add a stan-
dard to the general standards for plat approval that no plat
can be approved unless it is prepared by a land surveyor
licensed in the State of Florida.
Amendment 142; 9-511; Page 176
Accept recommendation of Planning Commission to change the
length of pipe to be driven for the purposes of monuments
from 24" to 18".
Amendment 147; 7-104; Page 88
Accept Staff's recommendation to add the following new
paragraph C and re-1etter subsequent paragraphs:
C. Enlargements and extensions
Nonconforming structures which are used
in a manner conforming to the provisions
of these regulations, may be enlarged or
extended provided that the nonconformity
is not further violated.
Amendment '50; 8-201, 202 A-C; Page 91-92
Accept Staff's recommendation to deny proposed Amendment
#50.
Amendment 189; 9-506; Page 173, 174
Accept recommendation of Planning Commission to substitute
"County Engineer" for "Director of Planning" in Sections
9-506H, I, N; add "County Engineering Department" to 9-506K;
add "County Engineer" to 9-5060; add "Standard
Specifications and Details of Monroe County" to 9-506P.
Amendment .90; 9-507B; Page 174
Accept recommendation of Planning Commission to amend as
follows:
Easements for water 1ines...at least twelve
(12) feet wide.
Amendment 191; 9-508C; Page 175
Accept Staff's recommendation to add "or the Director of the
Public Works Department" to 9-508C.
Amendment 193; 9-512; Page 176
Accept recommendation of Planning Commission to add
"Director of Public Works" and delete "Department of
Planning" .
II 163
Amendment 194; 9-514C, D, E; Page 177
Accept recommendation of Planning Commission to add "the
Public Works Department or the County Engineer" and delete
"Director of Planning".
Amendment 195; 9-517; Page 178
Accept recommendation of Planning Commission to add:
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"...at locations determined by the
Planning Commission or the Public Works
Director and/or County Engineer."
Amendment 1147; 13-l01C; Page 307
Accept recommendation of Planning Commission to amend sec-
tion to read:
Except as provided in this section, proposed
amendments to these Land Development
Regulations shall be accepted for review and
processing annually on the anniversary date
of adoption. Amendments to these regulations
to implement plans developed for any Areas of
Critical County Concern may be considered at
any time designated by the Board of County
Commissioners.
Amendment 1148; 13-101D3a(i); Page 300
Accept recommendation of Planning Commission to amend the
notice provision for amendments to these regulations as
follows:
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Notice of a proposed amendment to either
the text of these regulations or the Land
Use Map shall be provided by publication...
The advertisements for amendments to the
Land Use Map shall be in the following
form....The advertisement for an amendment
to the text of these regulations shall
state in a brief form the nature of the
amendment to be considered at the public
hearing.
(ii) Notice by publication shall be
provided, in the case of amendments to
the Land Use District Map, at least
thirty (30) days prior to any required
public hearing and in the case of amend-
ments to the text of these regulations
at least fifteen (15) days prior to any
required public hearing.
and also accept the recommendation that 5-501b be revised to
be consistent with this change.
Amendment 1150; 13-101D3b; Page 300
Deny proposed Amendment 1150.
Amendment 1154; V.2; Page 150; Evaluation And Ranking Of The
Impact Potentials And Impact Sensitivities
Of Florida Keys Habitats
Accept recommendation of Planning Commission to change the
fifth sentence, ninth line, to read as follows:
Within twelve months after the effective
date of the Administration Commission rule
which establishes portions of the Monroe
County Comprehensive Plan and Land Develop-
ment Regulations, Monroe County shall
I
II 164
review and revise the matrices and related
text as necessary in cooperation with
applicable state and regional agencies.
Amendment *1551 V.21 Sec. 2-104(B)(9) and (15)1 Pages 7
and 8
Accept recommendation of Planning Commission to change Item
(9) to read as follows:
Within 12 months of the effective date of
this Plan, implement, in cooperation with
the DER and other state and federal
agencies, a water quality monitoring
program to ensure that the individual
and cumulative impacts of development,
especially wastewater treatment systems,
commercial water dependent activities and
live-aboard vessels, do not degrade near-
shore water quality.
and also accept the recommendation to change the first sen-
tence in Item (15) to read as follows:
Within 12 months of the effective date of
these Regulations, Monroe County, in
cooperation with the appropriate state
agencies, shall adopt and incorporate into
the Monroe County Land Development
Regulations threshold designation criteria
consistent with the requirements of
Section 11-103A, Threshold Designations,
for areas with identified trends of water
quality degradation, which if unaltered,
would result in violations of water
quality standards.
Amendment *1561 V.31 Sec. 1l-l07(F)
Accept recommendation of the Planning commission to change
the second paragraph to read as follows:
On or before October 1, 1987, the Board
of County Commissioners shall consider
and initiate adoption procedures for a
Habitat Conservation Plan for the North
Key Largo Area of Critical County
Concern and no development shall be
carried on any lands within the Area of
Critical County Concern prior to October 1,
1987 or the effective date of the Habitat
Conservation Plan except for lands located
within the Ocean Reef Club, the Angler's
Club and the Port Bougainvi11e and Garden
Cove DRIs and subdivisions designated by
the Board of County Commissioners as
Improved Subdivision (IS).
Amendment #1571 V.31 Sec. 9-503(A)1 Pages 170-1
Accept recommendation of the Planning Commission to change
the second sentence of this section to read as follows:
Said recommendation shall be provided to
the Board of County Commissioners pursuant
to Section 13-101 of these regulations,
within 12 months of their effective date.
Amendment #1581 V.31 Sec. 11-l09(c)(3)1 Page 267
Accept recommendation of Planning Commission to change Item
(3) as follows:
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The focal point planning program for the
Big Pine Key Area of Critical Concern
shall be completed within twelve (12)
months of the adoption of these land
development regulations and the Director
of Planning shall submit a report
together with recommended amendments to
the Monroe County Comprehensive Plan and
these Land Development Regulations within
thirty (30) days after the completion of
the focal point planning program for the
Big Pine Key Area of Critical County
Concern.
Amendment #169; 4-l04B; Page 41
Accept recommendation of the Planning Commission to amend
"Development Review Coordinator" to "Development Review
Coordinator/Planning Official" and to amend Paragraph t1 to
read as follows:
Creation and Appointment. The Development
Review Coorddinator shall be a member of
the Department of Planning and also shall
be called the Planning Official and shall
be appointed by the Director of Planning.
Amendment t189; 14-101; Page 311
Accept Staff's recommendation to amend 14-101C and E as
follows:
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C. Procedures. A notice of appeal in the
form prescribed by the Director of Planning
must be filed with the County Administrator
and with the office or department rendering
the decision, determination or interpreta-
tion within ten (10) working days of the
decision. Such notice shall be accompanied
by the names and addresses of the owner,
applicant, property owner, and adjacent
property owners. The filing of such
notice of appeal will require the
administrative official whose decision
is appealed to forward to the Commission
or Board within five (5) working days any
and all records concerning the subject
matter of the appeal and to send written
notice of the appeal to the owner,
applicant, property owner, and adjacent
property owners, if different from the
person filing the appeal, within five (5)
working days of receipt of the notice of
appeal. Failure to file such appeal
shall constitute a waiver of any rights
under this Chapter to appeal any interpre-
tation or determination made by an
administrative official.
E. Action of the Commission or Board.
The Planning Commission or Board of
County Commissioners shall consider the
appeal at its next scheduled meeting
following receipt of all records concern-
ing the subject matter of the appeal.
Any person entitled to initiate an
appeal may have an opportunity to address
the Commission or Boards at that meeting
and supplement or rebut the records
transmitted....
II 1 6 6
Motion carried unanimously.
Amendment 191 3-101F-l1 Page 16
Motion was made by Commissioner Puto and seconded by
Commissioner Freeman to amend the definition as follows:
Fee Payer means a person commencing land
development activity that places measurable
additional demand on the County's major
road network system, community park
facilities, library facilities, solid
waste disposal facilities, or police
facilities and who has paid or is obli-
gated to pay an impact fee in accordance
with the terms of these regulations.
Motion carried unanimously.
Amendment 11201 Chapter 121 Page 271ff
Motion was made by Commissioner Freeman and seconded by
Commissioner Puto to accept recommendation of Staff to deny
proposed Amendment 1120. Motion carried unanimously.
Amendment 1121A
Motion was made by Commissioner Puto and seconded by
Commissioner Freeman to refer this proposed Amendment 1121A
and all other related Amendments concerning impact fees to
the County Attorney to bring back to the Board on July 31st.
Motion carried unanimously.
Amendment 11221 12-101-1051 Page 271-306
Motion was made by Commissioner Puto and seconded by
Commissioner Freeman to deny proposed Amendment 1122.
Motion carried unanimously.
Amendment 11241 12-101J1, 12-102G, 12-103G, 12-104H,
12-105H1 Page 279, 287, 294, 299, 306
Motion was made by Commisisoner Puto and seconded by
Commissioner Freeman to accept the recommendation of the
Planning Commission to delete Subsections J1, G1, G1, H1 and
H1 and insert:
Alterations or expansion of an existing
dwelling unit, including the replacement
of or relocation within the service
district, a mobile home, where no addi-
tional units are created and the use is
not changed.
Amendment 11281 12-1051 Page 300-306
Motion was made by Commissioner Puto and seconded by
Commissioner Freeman to accept Staff's recommendation to
deny proposed Amendment 1128. Motion carried unanimously.
Amendment 1201 4-102D21 Page 34
Motion was made by Commissioner Freeman and seconded by
Commissioner Puto to amend section regarding removal of
Planning Commission members as follows:
Planning Commission members shall serve
at the pleasure of the County Commission
but, if removed from the Planning
Commission without cause prior to the
expiration of their term, an extra-
ordinary vote of the County Commission
shall be required. Planning Commission
members may be removed for cause by a
simple majority vote.
II 167
Motion carried unanimously.
Amendment *21; 3-103; 15-102, 103; Page 11, 313
Motion was made by Commissioner Puto and seconded by
Commissioner Freeman to approve the following changes:
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15-102(2) to read:
Shbuld the violation continue beyond the
time specified for correction, the Code
Enforcement Inspector shall issue a
citation and notify...n
add to 4-103 I. Jurisdiction:
1. Pursuant to F.S. 162.06 (1986), the
purpose of actions under the Code
Enforcement Board shall be that it has
jurisdiction in enforcing the Monroe
County Code and Comprehensive Land Use
Plan where a pending or repeated
violation continues to exist, including,
but not limited to, occupational license,
fire, building, zoning and sign codes.
2. Pursuant to F.S. 162.13 (1982), the
Board is authorized to impose administrative
fines and other non-criminal penalties only
where continued violation exists after
citation by Code Enforcement Officers under
Chapter 15 of these Regulations.
add 15-104. Process:
1. Pursuant to F.S. 162.13 (1982) and
-- Florida Statutes Chapter 76-435, Code
Enforcement Inspectors are hereby
designated as Monroe County Ordinance
enforcement officials with the power of
issuing citations for violations of
Monroe County Ordinances, which citations
shall be prosecuted in County Court as
misdemeanors under Section 15-103, in
addition to duties and powers under
Section 4-103 of these Regulations.
2. The Chief Code Enforcement Official
shall be represented by an attorney
licensed in the State of Florida and
shall be an employee of Monroe County
deputized by the State Attorney, whose
duties shall be to prosecute violations
of Monroe County Ordinances, including
these Regulations, in the court having
jurisdiction, in addition to his prep-
aration and presentation of cases before
the Code Enforcement Board for continued
violation of such Ordinances and
Regulations. In no way shall the
individual so employed be considered
part of the County Attorney's Office
or answerable in any way to the County
Attorney.
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Motion carried unanimously.
Amendment #22; 4-l04Al; pa~e 39
Motion was made by Commiss1oner Puto and seconded by
Commissioner Freeman to change the appointment of the
Planning Director to read:
II 168
...and shall be selected by the County
Administrator and confirmed by the Board
of County Commissioners.
Motion carried unanimously.
Amendment #23; 4-l04B; Page 41
Motion was made by Commissioner Puto and seconded by
Commissioner Freeman to amend as follows:
B. Development Review Coordinator.
1. ...be selected by the Director
of Planning and report to the County
Administrator through the Director.
Motion carried unanimously.
Amendment #24; 4-l04C; Page 42
Motion was made by Commissioner Puto and seconded by
Commissioner Freeman to approve an amendment to Section
4-l04Cl to include the following language:
Non-County members shall exist on the DRC
in an advisory capacity only.
Motion carried unanimously.
Amendment #25; 4-l04Dl; Page 42
Motion was made by Commissioner Puto and seconded by
Commissioner Freeman to amend as follows:
...The Building Official shall be
selected by the Director of Planning
and report to the County Administrator
through the Director.
Motion carried unanimously.
Amendment #26
Motion was made by Commissioner Puto and seconded by
Commissioner Freeman to deny proposed Amendment 126. Motion
carried unanimously.
Amendment #29
Motion was made by Commissioner Puto and seconded by
Commissioner Freeman to refer to Staff for a recommendation
back on July 29th. Motion carried unanimously.
Amendment #36; 5-312; Page 61
Motion was made by Commissioner Stormont and seconded by
Commissioner Puto to add the following to Section 5-311:
The requirement contained in Section 5-3l2A
that a conditional use permit not be trans-
ferred to a successive owner without
notification to the Development Review Co-
ordinator within fifteen (15) days of the
transfer must be included on the document
which is recorded pursuant to this section.
Motion carried unanimously.
Amendment *24; 4-l04C; Page 42
The Board discussed this Amendment. Motion was made by
Commissioner Puto and seconded by Commissioner Freeman to
create Section 4-l04(C)(2)(c) to read as follows:
II 169
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Notice of the time and place of all DRC
meetings shall be published in a newspaper
of general circulation in Monroe County at
least seven days in advance of the meeting.
The notice shall also include a brief sum-
mary of the agenda. The DRC meetings shall
be open to the general publicc but no person,
other than the applicant or his agent or the
persons enumerated in Paragraph 1 of this
section, shall have a right to comment at
such meetings.
Motion carried unanimously.
Amendment i37A; 5-3l2B; Page 62
Motion was made by Commissioner Puto and seconded by
Commissioner Freeman to accept the recommendation of the
Planning Commission to amend as follows:
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B. Adjustments to Approved Conditional Use
Permits and Inspection During Development
under a Conditional Use Permit.
1. After a conditional use permit has been
approved, adjustments may be approved
to permit major or minor deviations as
set forth in subsections 3 and 4 herein.
2. Inspections by Department of Planning.
(no change)
3. Minor deviations. If the holder of an
approved conditional use permit wishes
to make a minor deviation to an approved
permit or if the Director of Planning
finds that development is proceeding
with minor deviations from the approved
plans and schedule, the Director may
approve a minor deviation to the condi-
tional use permit. Minor deviations
which may be authorized are .... (retain
subsection a, b, and c)
4. Major deviations. If the holder of an
approved conditional use permit wishes to
make an adjustment to the permit that is
not a minor deviation, approval of the
Planning Commission in accordance with the
provisions of subsection 4(d) hereof must
be obtained....
and to remove Section 5-3l2B4(c). Motion carried unani-
mously.
Amendment t37B; Section 5-314; Page 66
Motion was made by Commissioner Puto and seconded by
Commissioner Freeman to accept the recommendation of the
Planning Commission to insert new Section 5-314 to read as
follows:
Development(s) of Regional Impact.
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All DRI's which will add to the resident
population of Monroe County must provide
hurricane shelter with the following
characteristics:
CBS construction,
Withstand up to Category 3 storm
(both wind and flood elevation),
Food service capability,
II 1 70
Minimum of two restrooms, and
Minimum of 20 square feet of
space for each person.
Other shelter capability will be acceptable
if approved by the Department of Civil
Defense. Waiver of any of the requirements
listed above must be approved by the Depart-
ment of Civil Defense.
Motion carried unanimously.
Amendment #39; 5-401; Page 66
Cleare Filer addressed the Board concerning proposed
Amendment #39. Motion was made by Commissioner Freeman and
seconded by Commissioner Puto to deny proposed Amendment
#39. During discussion, motion was withdrawn. Mr. Filer
submitted a proposed amendment. Motion was made by
Commissioner Puto and seconded by Commissioner Freeman to
refer Mr. Filer's amendment to the Planning Commission for
their review process and to be brought back to the Board for
hearing at some point during the scheduled Map Hearings.
Motion carried unanimously. Motion was made by Commissioner
Freeman and seconded by Commissioner Puto to deny the origi-
nal proposed Amendment #39. Motion carried unanimously.
Amendment '46; 7-102; Page 87
Motion was made by Commissioner Puto and seconded by
Commissioner Freeman to amend as follows:
Failure to register a claim of non-
conforming use or structure within one
year after adequate legal notification
by the Director of Planning shall
constitute a waiver of the right to
claim nonconforming use status....
The Board of County Commissioners, at their
discretion, may direct the Director of
Planning to issue notification by category.
Motion carried unanimously.
Amendment 149; 8-201; Page 91
Motion was made by Commissioner Stormont and seconded by
Commissioner Freeman to accept Staff recommendation and
delete proposed Amendment '49. Motion carried unanimously.
Amendment #55
and
Amendment 1190
Motion was made by Mayor Pro Tem Lytton and seconded by
Commissioner Freeman to refer proposed Amendments 155 and
#190 to Staff to report back with proposed language for a
more comprehensive variance process. Motion carried unani-
mously.
Amendment #92; 9-509C; Page 176
Motion was made by Commmissioner Puto and seconded by
Commissioner Freeman to amend as follows:
Corner lots for residential use shall
have a front yard for both streets.
Setbacks for non-frontal yards shall
not exceed setback totals as prescribed
in Section 9-401.
Motion carried unanimously.
II 171
Amendment #129; new Chapter 16; Page 314
Motion was made by Commissioner Stormont and seconded by
Commissioner Freeman to deny proposed Amendment 1129 and
recommend that the fees be adopted by Ordinance. Motion
carried unanimously.
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Amendment #151; 6-l02C and D; Page 77
Motion was made by Commissioner Puto and seconded by
Commissioner Stormont to accept the recommendation of the
Planning Commission and add to the Planning Director's
authority to issue certificates of compliance at the end of
the paragraph:
The Director of Planning is authorized
in the case of the Improved Subdivision
Districts to survey the subdivision, and
upon the written recommendation of the
County Biologist, determine whether
development may proceed in the subdivision
without further biological review. If the
Director of Planning so determines, then
he shall certify the subdivision to the
Board of County Commissioners and upon
approval of the Board, no certificate of
compliance shall be required for that
subdivision when an application for
development approval is filed; provided,
however, that this provision shall not
be construed to permit development to
proceed in a certified subdivision
without a building permit or without
compliance with the other provisions
of these regulations.
Motion carried unanimously.
Amendment 1167; provide a blanket certification for
appropriate Improved Subdivision (IS)
districts to expedite permit processing
Motion was made by Commissioner Lytton and seconded by
Commissioner Freeman to create a new Sec. 5-20l(D), under
DEVELOPMENT AS OF RIGHT, Volume 3, as follows:
D. Certified IS Districts. This section
authorizes the Development Review Co-
ordinator to submit for certification
by the Board of County Commissioners
certain IS areas herein defined which
may be issued permitted without
review by the Land Planning Division.
1. At any regularly scheduled meeting
of the Board of County Commissioners,
certification may be given to those
IS areas recommended for approval
and listing by the Development
Review Coordinator.
.
2. The Development Review Coordinator
shall recommend from time to time
to the Board of County Commissioners
any IS area which meets the following:
(a) documentation that all utilities
and roads are in place consistent
with the definition of IS;
II 172
(b) documentation that all appropri-
ate bulk regulations found in
Sec. 9-401 can be followed, as
well as the requirements of
Division 5, also in V.3;
(c) provision for appropriate impact
fee payments as required by
Chapter 12 of V.3;
(d) provision for required landscap-
ing as required by Division 20,
V.3; and
(e) provision for adequate parking
as required by Division 9 and
access by Division 14 of V.3.
3. Any certification given by the Board of
County Commissioners under this section
shall be in the form of a resolution
which shall specify compliance with the
requirements of Item (2).
Motion carried unanimously.
There being no further business, the meeting was
adjourned.
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