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07/31/1987 Public Hearing Special Li II 187 Public Hearing/Special Meeting Board of County Commissioners Friday, July 31, 1987 Key Colony Beach r-- 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 Eugene Lytton, Commissioner Michael Puto, Commissioner John Stormont, and Mayor Jerry Hernandez, Jr. Also present were Danny L. Kolhage, Clerk1 Lucien Proby, County AttorneY1 Tom Brown, County Administrator1 Charles Pattison and Planning Staff1 George Garrett, County Biol09ist1 members of the Press and Radi01 and the general public. Amendment 181 3-l0lC-121 9-2251 Page 12, 154 Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to approve Amendment '8 as follows: Amend the definition of Commercial Fishing to read as follows: - COMMERCIAL FISHING means the catching, landing, processing or packaging of seafood for commercial purposes includ- ing then mooring and docking of boats and/or the storage of traps and other fishing equipment and charter boat uses and sport diving uses. Add a new subsection for Commercial Fishing Residential: E. Sport fishing charter boat and sport diving charter or activities are not conducted in the District. Renumber Subsections 9-225 (E) and (F) to (F) and (G). Bill Moore of O.F.F. addressed the Board. Motion carried unanimously. Amendment '651 9-2251 Page 153 Motion was made by Mayor Hernandez and seconded by Commissioner Lytton to accept Staff recommendation and deny proposed Amendment 165. Roll call vote was unanimous. Amendment '771 9-3091 Page 162 Motion was made by Commissioner Lytton and seconded by Commissioner Puto to accept the Planning Commission's recom- mendation to amend the floor area ratio for Commercial Fishing Villages from .10 to .40 and for other uses in the Commercial Fishing Area from .30 to .40. Motion carried unanimously. Amendment 11761 9-217 (several changes) 1 Page 133, 138 Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to change E. CFSD5 (located on Key Largo) as follows: 1. Subject to the prOV1S10n of a Class C bufferyard along the boundary of the district with .. II 188 a residential district, as of right: 2. Subject to the provision of a Class C bufferyard along the boundary of the district with a residential district, as a minor conditional use: Motion carried unanimously. Motion was made by Commissioner Lytton and seconded by Commissioner Stormont to change the Conch Key CFA to a new CFSD #16 as follows: P. CFSD 16 (located at Conch Key) 1. CFA regulations apply per Sec. 9-215. 2. Mobile homes permitted in addition to detached dwellings as a matter of right. and also that the Board will consider a parallel Map Change. Motion carried unanimously. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to add mobile home uses to the CFSD #13 as follows: M. 1. d. Mobile Homes Motion carried unanimously. Motion was made by Commissioner Freeman and seconded by Commissioner Puto to accept the recommendation of the Planning Commission to create a new CFSD #17 for Old Boca Chica Road as follows: Q. CFSD 17 (located on Old Boca Chica Road) 1. Subject to the limitation that no use shall involve a vessel that draws more than two (2) feet, as of right: a. commercial fishing~ b. manufacture, assembly, re- pair, maintenance and storage of traps and nets~ and c. vessels are restricted to outboard engines only. 2. Subject to the limitation that no use shall involve a vessel that draws more than two (2) feet, as a minor conditional use: a. detached residential dwell- ings provided that the total floor area does not exceed twenty-five percent (25%) of the land area in the Commercial Fishing Special District. Bob Young of NAS at Boca Chica addressed the Board opposing the change. Motion carried unanimously. II 189 Amendment 1191i 11-111, 9-215, 9-216, 9-2l7i Page 131 Bill Moore and Pam Martin of O.F.F. discussed proposed Amendment 1191. Motion was made by Commissioner Stormont and seconded by Commissioner Puto to accept the recommen- dation of the Planning Commission to amend Section 9-215 as follows: ,......- A. In order to provide for the special needs of the commercial fishing industry, all Commercial Fishing designations are given the below special considerations. B. The purpose of this flexibility is to ensure general compliance with Plan requirements while maintaining good environmental quality and community character. 1. Temporary uses specifically involving trap construction, maintenance and repair are hereby exempted from FAR and OSR require- ments. - 2. Sanitary toilet facilities may be provided by using approved, portable units. 3. Setbacks may be varied by the Planning Director upon a written recommendation by the Environmental Resources Coordinator that storm- water runoff can be appropriately controlled due to the provisions of new gutters, berms or similar devicesi shoreline setbacks may also be varied. 4. The vegetated bufferyards requirements shall be varied to include fences or natural vegeta- tion. 5. Lighting requirements may be reduced or waived where the Planning Director and Environmental Resources Coordinator agree that light intrusion, either to adjoin- ing properties or waterfront areas, will have no adverse community character or habitat impacts. - 6. Lot sizes do not have to conform to the 12,500 square foot lot size rule, but can be varied according to the Commercial Fishermen's needs, size of boats, etc., within the confines of designated areas. 7. Except for retail and whole- sale operations, parking requirements may be met by the provision of one parking or loading space for each individual lot of 6,000 square feet or less. Larger lots or tracts shall proportionately meet this II 190 same requirement. 8. Docks will only require three (3) feet of water depth until a study is done by Monroe County or the State of Florida to determine how much, if any, four (4) foot water is available in Monroe County for development. 9. Attached dwellings, provided that the total floor area of residential uses in a commercial fishing area district does not exceed twenty-five percent (25%) of the land area in the commercial fishing area district. 10. Commercial retail, low and medium intensity uses, provided that the goods and services are related to or supportive of the commercial fishing industry. 11. Light industrial uses includ- ing marine repair services, provided that such uses are intended to serve the needs of the commercial fishing industry. During discussion, motion was made by Commissioner Stormont and seconded by Commissioner Puto to amend Paragraph A to read as follows: A. In order to provide for the special needs of the commercial fishing industry, all Commercial Fishing Areas and Villages are given the below special considerations. Motion carried unanimously. Motion was made by Commissioner Stormont and seconded by Commissioner Puto to insert the following new Paragraph B and then re-letter accordingly: B. All Commercial Fishing Districts under minor conditional use may vary the requirements of that District. Roll call vote was unanimous. Jeanne de St. Croix addressed the Board concerning this matter. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to amend Subparagraph 4 to read as follows: 4. The vegetated bufferyards requirements may be varied to include fences or natural vegeta- tion except when abutting Resi- dential Districts. Roll call vote was taken with the following results: II 191 Commissioner Freeman Commissioner Lytton Commissioner Puto Commissioner Stormont Mayor Hernandez Yes Yes No Yes No Motion carried. -.- Motion was made by Commissioner Stormont and seconded by Commissioner Lytton to delete Subparagraph 6. Motion carried unanimously. Motion was made by Commissioner Stormont and seconded by Commissioner Lytton to delete Subparagraph 8. Motion carried unanimously. Motion was made by Commissioner Stormont and seconded by Commissioner Puto to amend Subparagraph 9 to read as follows: 9. Attached dwellings, provided that the total floor area of resi- dential uses in a commercial fishing area (CFA) district does not exceed twenty-five percent (25%) of the land area in the commercial fishing area (CFA) district. Motion carried unanimously. Roll call vote on the original motion as amended was unani- mous. - Motion was made by Mayor Hernandez and seconded by Commissioner Puto to amend Section 9-216 to read as follows: Attached dwellings are allowed provided that the structures are separated from existing detached dwellings by one hundred (100) feet or a Class D bufferyard. Motion carried unanimously. Amendment #53; 9-106; Page 98 Pam Martin of O.F.F. addressed the Board. Motion was made by Commissioner Puto and seconded by Commissioner Stormont to add Commercial Fishing under the SubUrban Commercial District. Grace Manillo and Arlene Reiser addressed the Board concerning this matter. During discussion, Commissioner Stormont withdrew his second. The motion was then seconded by Mayor Hernandez. Roll call vote was taken with the following results: - Commissioner Freeman Commissioner Lytton Commissioner Puto Commissioner Stormont Mayor Hernandez No No Yes No Yes Motion failed. Motion was then made by Commissioner Lytton and seconded by Commissioner Freeman to include Commercial Fishing in SubUrban Commercial as a Major Conditional Use. Roll call vote was taken with the following results: Commissioner Freeman Commissioner Lytton Commissioner Puto Commissioner Stormont Mayor Hernandez No Yes Yes No Yes II 1 92 Motion carried. Motion was then made by Commissioner Lytton and seconded by Mayor Hernandez to amend Section 9-205 in accordance with the previous motion. Roll call vote was taken with the following results: Commissioner Freeman Commissioner Lytton Commissioner Puto Commissioner Stormont Mayor Hernandez No Yes Yes No Yes Motion carried. Amendment 113; BED AND BREAKFAST REGULATIONS Attorney Edward Horan, representing those in favor of regu- lations allowing Bed and Breakfasts, addressed the Board. Mr. Hall, attorney representing those opposed to Bed and Breakfasts, then addressed the Board. After discussion, motion was made by Commissioner Stormont and seconded by Commissioner Freeman to deny proposed Amendment 113. Roll call vote was taken with the following results: Commissioner Freeman Commissioner Lytton Commissioner Puto Commissioner Stormont Mayor Hernandez Yes No Yes Yes Yes Motion carried. Motion was then made by Mayor Hernandez and seconded by Commissioner Lytton to impose, as of July 31st, a moratorium on all Bed and Breakfasts in the Improved Subdivision Districts, said moratorium to continue indefinitely. Roll call vote was taken with the following results: Commissioner Freeman Commissioner Lytton Commissioner Puto Commissioner Stormont Mayor Hernandez No No Yes No Yes Motion failed. Amendment 156; 9-203A3, 204A4, 206A4, 207A4, 208A3, 209A3, 2l0A3, 2llA5, 2l2A4, 2l8AlO; Pages 106, 108, 114, 118, 122, 124, 125, 126, 138 Vern Pokorski addressed the Board concerning this proposed Amendment. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to accept the Planning Commission's recommendation to require that all home occupa- tions be approved as a special use permit, public hearing, Staff to develop criteria, and not applicable to Commercial Fishing Residential; title of such permission to be "Home Occupation - Special Use permission". Motion carried unani- mously. Motion was then made by Commissioner Stormont and seconded by Commissioner Freeman to amend Section 3-l0lH6 to indicate home occupations in any district where required by Special Use Permit. Motion carried unanimously. Amendment 1175; 9-2l4(numerous); Page 130, etc. Motion was made by Mayor Hernandez and seconded by Commissioner Puto to approve as submitted the various amend- ments to create a new district which recognizes pre-existing RU-8 (Condominium Recreational Vehicle Parks) as attached hereto. Motion carried unanimously. Amendment 112la Motion was made by Mayor Hernandez and seconded by II 193 Commissioner Puto to approve as attached hereto. Motion carried unanimously. Amendment 129; 5-103; Page 49 Motion was made by Commissioner Lytton and seconded by Commissioner Freeman to approve the following changes for consistency: - Sec. 5-103 - Change the word "Committee" at the end of the first sentence to "Coordinator" Sec. 4-l04(B)(3) - add a new (h) as follows: To meet with applicants, upon re- quest, for a preapplication conference. Sec. 4-l04(C)(2)(a) - delete (i) as written and insert: Meeting with any developer when re- quested or required pursuant to the provisions of these regulations after ten (10) days prior agenda notice in a newspaper of general circulation is provided; Sec. 4-l04(c)(2) - add a new (c), as follows: - Any action reviewing a permit application shall not preclude the applicant's right to be present when his project is discussed be- fore this body. Motion carried unanimously. Amendment 1103; 9-811 c, D, F and I; Page 205-207 Motion was made by Commissioner Lytton and seconded by Commissioner Freeman to approve the following: Section 3-101 D-l. DBH (DIAMETER AT BREAST HEIGHT) shall mean, for the purposes of these regula- tions, a tree diameter as measured from the base of the tree, taken at approximately four feet (4') above the surrounding grade. Motion carried unanimously. Amendment 1173; 9-1404; Page 252 Motion was made by Commissioner Lytton and seconded by Commissioner Freeman to add the following at the end of the current wording: -- However, if any permanent access is constructed pursuant to an agreement entered into under this section and such construction would otherwise render the structure(s) located on the subject lot(s) nonconforming under any other section of these regulations, then such structure(s) shall be considered conforming under those other section(s) regardless of the terms thereof. II 194 Motion carried unanimously. Amendment - HEIGHT: 3-101 H-3: Page 18 Motion was made by Commissioner Lytton and seconded by Commissioner Freeman to substitute the following language for the current wording: Height means the vertical distance between average grade and the highest part of any structure, including mechanical equipment, but excluding: chimneys, spire and steeples on structures utilized for institutional and public uses only, radio or televi- sion antenna, flag poles, solar apparatus, and utility poles. However, in no event shall any of the exclusions enumerated above be construed to permit any habitable or useable space to exceed the applicable height limitations. In the case of Airport Districts, the height limitations therein shall be absolute and the exclusions enumerated above shall not apply. Motion carried unanimously. Prior to the close of the meeting, Mayor Hernandez read a letter from the Key Haven Civic Association stating their opposition to the operation of Bed and Breakfast units on Key Haven. There being no further business, the meeting was adjourned. * * * * * ll:i"'~'':.''- , .t~~-_ t~,,~'-:<J_;'-':TA,!1FK"--:~':<' ~ "r:-:-:~'1i'-" ''''~'-:!.-l'T-/". , . .-\' 111ff.~ I>IIf ~if/'" /It.11~ PROPOSED TEXT AIlE....,., PROPOSED AMENDMENT: nuaerous/9-214 PAGE: 130, etc. various amendments pre-existing RU-8 f 0'1 lows : , to create a new dist.rict which (condominium recreational vehicle recoqnizes parks) as - (1) add on page 130, a new sections, 9-214 A, noted below: Section 9-214A-Recreational Vehicle-Pe~n.ftt. District A. The following uses are peraitt.ed as of right in the Recrea- tional Vehicle-P.~n.nt District. 4. 1. 2. existin 3. '.. ~ c. Expansion of previously zoned .U-8 or cooperative parks which qualify under A.4, above, are not ~~itt.d expansion, but may trovide additional use only a. quaIl .4 und.r previous RU-8 requ ation.. D. For the purposes of this section, the relevant repealed provi- sions of the RU-8 cond~iniua district, fonaerly referred to as Sec. 19-203 of the old code, are hereby incorporated as found in the below references. . 1. peraitt..d u... .ball be the .t~ a. currently found in Sec. 9-214, "creational Vebiole Di.trict, unless specifically provided for in Bee. '-214(A) above. 2. Dev.lo~nt requir...nt., unle.. .,.cifically provided for in Sec. 9-214(B) aboye, shall be a. follows: , .~ "', -,,' .\' ,~;. . ";.'. (a) (b) (c) ....,__.4 ....d.i.!).~"_~ . ,'.. '. :'.."," ,," (d) the site proposed shall contain not l.ss than twenty (20) acres, shall bave Dot le.s than eighty (80) spaces caapIeted and available at first occupancy, and shall haye no .ore tha. ten (10) recreational vehicle spaces per gross acre. if an addition to an existi., park is ,less than five (5) acres, each space shall be at least two thousand (2,000) square feet. each site or space shall be a least thirty (30) feet in width where it ab.ts Oft a driveway or accessway, (and) said driveway or acce.sway shall have unobstructed access to a stre.t. Such driveway or acceBsway shall have an all-.eatber roadway not les8 than twenty (20) feet in width aad adequately lighted. A paved or all ve.~r surface not less than ten (10) feet in width shall be provided for both the recreational vehicle and autoaobile parking space on each site. a potable water supply shall be furnished each site. No recreational vehicle shall be loca~.d more than two hundred (200) fe.~ from approved toiletfacili- ties, except that this provision shall be deemed to have been met when approv.d sewage hookup8 are sup- plied to individual Bites, and where the unit to be placed on the site is provided with adequate toilet facilities. garbage, trash and refuse coll.ction shall be furnished to each site. the development shall have a sewage disposal system approved by the county waste and disposal board and the departaent of .nvironBental r.qulation of the state. :: porches, additions and other apport..ance tor.c- reational vehicles, campers ana tents sball comply with this section and the building oode of Monroe County. a recreational are. shall be provid.d and maintain- ed equivalent to two hundred (200) equare feet of land area for each site or space within the develop ..nt. Such recreation area ahall not be longer than two (2) times its width and shall be maintained in a clean, safe aaa pr....table condition. display or sale of recreatioaal vehicles or any secondhaad articl.. is prohibited within the develo,.entJ excep~ that aD ..occupe4 unit previously occupied on the .... site, or an occupied unit, may be sold by the owner on that site, together with any appurtenant equipment. (e) ( f) (g) .... (h) (i) 3. Prior to the conversion of any recreational trailer parks, or the establishing of c0D4ominiua recreational tailer parks, the developer thereof shall file a plat in the public records of Monroe Coanty, to be approved by the county c~issioD, indicating and showing each ~~__._,,~~..__,___. ~i;:".. ~~_~~',:~-~L \t,~~'1l.1 ~~' ~";.J .' ,t~';i-~~"_.._ -d. J..L .., II J ..._._,_:",,~...,.~_._~,.~,..,~--..~_.,..- -,_....~.~......_.~-. ....',.-..-- and every parcel that is intended to be part of the condominium. No transfer of lots shall OCODY, or any of the properties in said condominiua recreational vehicle park, until such plat has be.. approved and filed. Any and all docuaentation required ....r chapter 718, as amended, Florida Statutes, sball be fil84 ia duplicate in the clerk's office as a condition prece4ent to the approval of a plat establishing a condominium recrea- tional vehicle park. In no respect ahall such parks be permitted in this county as coedoaiaiuae until legal requisites have been fulfilled. (2) add on page 100, a new sectioD 9-115, aoted belowl Section 9-115 A Recreational Vehicle-peraaaent District (RVP to c (3) add on page 97, under Sec. 9-102, and renuaber sequence: 14. Recreational Vehicle-perma.eat District (4) amend Sec. 3-101, page 26, it.. R-4. by adding two sentences: Recreational Vehicle, SOURCE: John Stormont DISCUSSION: Staff feels this proposal can be aore appropriate- ly addressed by a04ifying the bulk replations .s proposed by amendaent t130. While this proposal is very c~reh.n8ive, it forces the us. of r...lation8 which have been repealed. STA'l"US: PC action: DO rec~.F.n4ation. 5/26/87 ...04175 ~_'~"',::,:,~.,__ J!I.'tJti~.44:l~1f .......-...----.:.:..:---::' . ..'It~'~l _.J.'f~"'''' . ',.....".,,,.""'..1'\1,,'-\..,,,. ",'''''' ;_~...~,__-__~,""'_'!.. "'~__"'-,"-"""--fl"'__ AAlUQ".~Y" I;'/~ Sec. 12-101(B) is amended to read as follows: B. Payment of Fair Sh.re ree Prior to Issuance of a Certificate of Occupancy. A "'air share Transportation Fee" shall be paid by any perlon, including any love~ntal agency, prior to receiving a certificate of occupancy for any new land development activity generating traffic that creates measurable increased demand on the County's ..jar road network system. -- Sec. 12-101(C)(1) is amended to read a. follows: C. Establishment of re. Schedule. 1. Any person who shall initiate any new land development activity generating measurable traffic except those preparing a Traffic Impact Analysis pursuant to Subsection D of this Section, shall pay, prior to the i.8uance of a certificate of occupancy, a "Fair Share Transportation Fee" as established by the following fee schedule: Sec. 12-101(D)(1) 1.s amended to read as follows: D. ment Activit Ana ysis. 1. Any person who shall initiate any land development activity generating measurable traffic may chaose to provide an individual assessment of the deaand the proposed land.... development activity will place on the County's major road network system in order to show that the capital expansion costs necessitated by the proposed land develo,.ent activity are less than the Fair Share Fee established in Subsection C of this Section. Sec. 12-101(1) is amended to read as follows: E. Time and Atilount of Payaent. No certificate of occupancy shall be issued until any applicable "Fair Share Transportation Fee" is paJd. If, in the ti.e betw,en the date of the building ~ermit applic1!.tion and 'the date of the request for a certificate of occupancy, the applicable "'air Share Transporta- tion Fee" a.ount is alterE!d, the fee due shall be the lower of the two amounts. .' _.......---_.__..-:...~_..-- .!",!,':,~ ~ < ,...,..']'" .._"'-"--~.~",--_..,- . '.':''''-.1'\(,~'' . .._--."---~~ Sec. 12-102(B) is amended to read as follows: B. Time and Amount of Pa~nt. No certificate of occupancy for a permanent or temporary residential unit shall be issued until any applicable "Fair Share Park Fee" 18 paid. If, in the time between the date of the building permit application and the date of the request for a certificate of occupancy, the applicable "Fair Share Park Fee" amount is altered, the fee due shall be the lowest of the two a8OUnts. Sec. 12-102(C)(1) is amended to read as follows: C. Fair Share Park Fe. to b. I-.osed on Wew Residen- tial Land Develop~nt ActiVlt~. 1. l'a:YWl8nt of lair Share Fee Pri.!r to Issuance of a Certificate of Occu anc. Any person who shall receive a cert1 1cate 0 occupancy or any new residential land development activity that places an increased demand on the County's C~ni- ty Park Facilities shall pay a "'air Share Park Fee" as follows: Sec. 12-103(B) is amended to read as follows: B. Time and AIPOunt of Pamnt. No certificate of occupancy shall be. issued tor any res dential unit until the applicable "Fair Share Library lee" is paid. If, in the time between the date of the building permit application and the date of the request for a certificate of occupancy, the applicable "Fair Share Library Fee" amount is altered, the fee due shall be the lower of the two ..ounts. ~ Sec. 12-103(C)(1) is amended to read as follows: C. Fair Share Lib~ar~ Fee Residential Land Development Actlv ty. 1. Pa~ent of 'air Share Fee Prior to Issuance of a Certificate of Dce aDC. Any person who shall receive a cert cate 0 occupancy or any new residential land development activity that places an increased demand on the County's Library Facilities shall pay a "Fair Share Library Fee" a8 follows: to be Imposed on New r.~!"l. I\},;~" '.. .'.....,,'),.. . ,<',. .'" . " . ~ t .tt.'."~' , '~~:..,,;::.' 'fl.':?5 . ~il :'.,;.....,\. -. .' ,:: " ~'> .;,. "',' '..','" ~: ':,",' ,.; " , : . -~ 'I:",;," 'IH',-",~' ,i.. .. .-~ ~;. ," ~ t.' .,,~' ." .-f~":~!' , l' '.'.'.' ',;:,' , ., _.~_._-,._._._--- n~.Li,~___._ .........' --.----.-.-----...-..-"--_._~............\l>_............. r ._...............1<-.-. Sec. 12-104(B)(I) is amended to read as follows: B. Fee Schedule. , 1. Prior to the issuance of a certificate of occupancy, all land development, except for a'rlieants who opt to make their own independent calculation, shal' pay a Fair Share Solid Waste Fee, as established by the following temporary fee schedule: Sec. 12-104(0) is amended to read as follows: D. Time and Amount of Pa~nt. The "Fair Share Solid Waste Fee" shall be paid prior to the iSBuance of a certificate of occupancy. If, in the time between the date of the building permit application and the date of the request for a certificate of occupancy, the applica~le "Fair Share Solid Waste Fee" amount is altered, the fee due shall be the lower of the two amounts. All funds collected shall be properly identified by Subdistrict and promptly transfer_red to the Monroe County Administrator's Office for deposit in the appropriate trust fund to be held in separate accounts as determined in Subsection F of this Section and used solely for the purpose as established by this Section. Sec. 12-105(B)(I) is amended to read as follows: B. Fair Share Police Fee to be Imposed on New Res- idential Land Development Activity. 1. Fee. Any person who shall initiate any new land development actIVIty generating'a need for police facilities ~. except for those applicants who prepare a Police Facilities ~ Impact Analysis pursuant to Subsection 2 of this Section, shall pay, prior to the issuance of a certificate of occupancy, a "Fair Share Police Facilities Fee" as established by the following temporary fee schedule: Sec. 12-105(C) is amended to read as follows: C. Time and Amount of Pa~ent. No certificate of occupancy shall be issued until any app icable "Fair Share Police Fee" is paid. If, in the time between the date of the building permit application and the date of the request for a certificate of occupancy, the applicable "Fair Share Police Fee" amount is a1 tered, the fee amount due shall- be the lower of the two amounts. . , '1':. ..1t.,