10/15/1987 Public Hearing Special
KK 002
Public Hearing/Special Meeting
Board of County Commissioners
Thursday, October 15, 1987
Key Colony Beach
A Special Meeting/Public Hearing of the Board of
County Commissioners convened at 9:00 a.m. on the above date
at the City Hall in Key Colony Beach. Present and answering
to roll call were Commissioner William Freeman, Commissioner
Michael Puto, Commissioner John Stormont, and Mayor Pro Tem
Eugene Lytton. Also present were Danny L. Kolhage, Clerk;
Michael Halpern, Special Counsel; Donald Craig, Planning
Director; Dorr Fox, Land Use Planning Coordinator; Paula
"Jennie" Luxton, Planning Aide; George Garrett,
Environmental Resources Coordinator; members of the Press
and Radio; and the general public.
Prior to the beginning of the meeting, Special
Counsel Halpern discussed the purpose of the meeting and the
criteria used for the requested Map Changes.
Amendment # 91 Tropic South, Inc.; NA to MU; Part of Boot
Key, Parcel Nos. 10538, 10530, 10535, 10537,
10534, 10536, S16, T66, R32, Marathon.
Frank Greenman, attorney representing the applicant; Craig
Germane, the owner; and Lynn Kephart, an environmental con-
sultant, addressed the Board.
Mayor Hernandez entered the meeting at
9:30 a.m. and assumed the Chair.
Motion was made by Commissioner Lytton and seconded by
Commissioner Freeman to designate the area ACCC with SS and
that existing uses are to be considered conforming and with
the approval of the interim regulations, Items A and B, pur-
suant to Mr. Greenman's letter dated October 14, 1987 (See
Attachment #1). Roll call vote was unanimous.
Amendment #155 Jules and Dorina Toupin; IS to SC; Part of
Lot 2, Block 6, Stratton's Subdivision,
Upper Matecumbe Key.
Fred Tittle, attorney, addressed the Board. Motion was made
by Mayor Hernandez and seconded by Commissioner Puto to
accept the recommendation of the Planning Commission to
approve pursuant to Section 13-101 (d)5, (b) 4 and 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 .257 John Baiamonte; SR to MU; Part of Tract 1 of I
Lot 4 of Model Land Company Plat, Sll, T6l, -
R39, MM 103.9, Oceanside.
John Baiamonte and Fred Castro addressed the Board. Nancy
Rayburn, a neighbor, spoke in opposition. Motion was made
by Commissioner Stormont and seaonded by Commissioner
Freeman to deny the request because the applicant failed to
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satisfy the burden required by Chapter 13. Joe Clock
discussed and opposed the requested change. Roll call vote
was unanimous.
Amendment #160 Armer White Inc. and victor Posner; SR to
SC; From dividing line between Sections 22
and 23, which also is the W line of Lot 1,
according to the Plat of Government Lots 1,
~ ~ 2, 3 of S23, T63, R37, and further by metes
and bounds, Windley Key.
Nicholas Mulik, attorney representing the applicants, and
Phil Green, architect, addressed the Board. Motion was made
by Commissioner Lytton and seconded by Mayor Hernandez to
approve the request to designate SC. 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 #161 Ronald Samter and Anna Chavoustie; SR to SC;
Part of Governmetn Lot 3 and Bay Bottom in
S23, T63, R37, Windley Key.
Motion was made by Mayor Hernandez and seconded by
Commissioner Lytton to approve the request to designate SC.
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 #162 Manreb, Inc. ; SR to SC; Part of Government
Lot 3 in S23, T63, R37, Windley Key.
Fred Tittle, attorney representing the applicant, addressed
the Board. Motion was made by Commissioner Lytton and
seconded by Commissioner Freeman to accept the recommen~
dation of the Planning Commission to approve pursuant to
Section 13-101 (d)5, (b) 2, 3, 4, 5, and 6. 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.
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I Amendment #164 Frank Froehling; NA to SC; On the island
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known as Windley Key and more particularly
described by metes and bounds.
Jim Matson, attorney representing the applicant, 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
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Section 13-101 (d)5, (b)3 and 4. Roll call vote was taken
with the following results:
Commissioner Freeman Yes
Commissioner Lytton Yes
Commissioner Puto Yes
Commissioner Stormont No
Mayor Hernandez Yes
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Motion carried.
I
Amendment #167 James Flenner; IS to SC; Coral Shores Sub-
division, a part of Tract A, Plantation Key.
Jim Flenner addressed the Board. Karen Sunderland Stroebel
spoke in opposition. Motion was made by Commissioner
Stormont and seconded by Commissioner Lytton to deny the
request because the applicant failed to satisfy the burden
required by Section 13. Roll call vote was taken with the
following results:
Commissioner Freeman No
Commissioner Lytton No
Commissioner Puto No
Commissioner Stormont Yes
Mayor Hernandez No
Motion failed. Motion was then made by Mayor Hernandez and
seconded by Commissioner Freeman to approve the request to
designate SC. 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 failed for lack of a four-fifths vote.
Amendment #168 Clayton and Joyce Whitehouse; SC to UC;
Plantation Beach, Tract P, Plantation Key.
Clayton and Joyce Whitehouse addressed the Board. Jeff
Meyers, representing Arthur Burkhold, addressed the Board
and opposed the request. Motion was made by Commissioner
Lytton and seconded by Commissioner Stormont to deny because
the applicant has failed to satisfy the burden required by
Chapter 13 of the Land Use Plan. Roll call vote was unani-
mous.
Amendment #169 Yogendra Patel; IS to SC; Lots 4, 5, 6, 7,
Block 9, Plantation Beach, Plantation Key.
Yogendra Patel addressed the Board. Anna Jernigan, a neigh-
bor, opposed the request. Motion was made by Commissioner
Lytton and seconded by Commissioner Freeman to accept the
recommendation of Staff to approve the request to designate -
SC. 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.
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Amendment #170 Robert Vaughn: SR to SC: Lot 16 and South
half of Lot 15, Block 3, Plantation Beach,
Plantation Key.
and
Amendment #171 Robert Foley; SR to SC; Lots 19, 20, 21,
Block 3, Plantation Beach Subdivision,
Plantation Key.
fII"'.' and
Amendment #172 Diane Droney; SR to SC; Lots 15, 16, 17,
18, Block 2, Plantation Beach, Plantation
Key.
and
Amendment .173 Jean Anderson; SR to SC; Lots 19, 20, 21,
Block 2, Plantation Beach, Plantation Key.
and
Amendment #174 Monte Green; SR to SC; Lots 8-13, Block 2,
Plantation Beach, Plantation Key.
and
Amendment '175 Harry Palen; SR to SC; Lot 11, Block 3,
Plantation Beach, Plantation Key.
and
Amendment #176 Robert Vaughn; SR to SC; Lots 8, 9, Block 3,
Key Heights, Section 1, Plantation Key.
and
Amendment '177 Karl Beckmeyer/William Horton; SR to SC;
..,..,.-... NE'ly 300' of Lot 10, Block 3, Key Heights,
Section 1, Plantation Key.
and
Amendment 1182 Fred Snowman; SR to SC; Beginning of Wily
corner of Lot 14, Tropical Coral Reef
Estates and further by metes and bounds,
Plantation Key.
and
Amendment '183 Jay Hershoff; SR to SC; Lots 1-4, Block 2,
Key Heights, Section 1, Lot 1, Tropical
Reef Estates, Plantation Key.
Fred Tittle and Karl Beckmeyer, attorneys representing the
above applicants, addressed the Board. After discussion,
the Board recessed momentarily so that the attorneys could
consult with the Staff concerning the Staff's ACCC proposal.
After a short recess, the Board reconvened and motion was
made by Commissioner Lytton and seconded by Commissioner
Freeman to adopt the Staff's proposed ACCC/SC designation
for this area pursuant to their report dated October 9, 1987
(See Attachment #2). Roll call vote was unanimous.
Amendment #179 John and Carolyn Lozano; UR to SC; Parcel of
- land being a portion of Lots 9 and 13 of
I Randall Adams Subdivision, Plantation Key.
Larry Erskine, attorney representing the applicants,
addressed the Board. Motion was made by Mayor Hernandez and
seconded by Commissioner Puto to accept the recommendation
of the Planning Commission for approval to SC pursuant to
Section 13-101 (d)5 (b)4. Roll call vote was unanimous.
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Amendment 1180 Josephine Wood; IS to SR/SC; Lot 6, ~andall
Adams Subdivision, Plantation Key. ~l
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Fred Tittle, attorney representing the applicant, addtkssed
the Board. Dennis Paquette, a neighbor, addressed the
Board and opposed the request. Motion was made by
Commissioner Stormont and seconded by Commissioner Freeman
to accept the recommendation of the Planning Commission to
approve SC 150 feet back from the highway and SR-L for the -
rest pursuant to Section 13-101 (b)3 and 4. Roll call vote I
was unanimous. \
Amendment 1181 Paul Geier; IS to SC; Lots 25, 26, Block 6,
Indian Harbor, Plantation Key.
Motion was made by Commissioner Puto and seconded by
Commissioner Freeman to accept the recommendation of the
Planning Commission for approval of SC pursuant to
Section 13-101 (d)5 (b)3. Roll call vote was unanimous.
Amendment '186 Rolando and Maria Alfonso/Segundo and Alina
Collada; IS-M to IS-D; Lot 9, Block 1,
Indian Waterways, Plantation Key.
Segundo Collada addressed the Board. Motion was made by
Mayor Hernandez and seconded by Commissioner Freeman to
approve the request to designate IS-D. 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 failed for lack of a four-fifths vote.
Amendment #194 Robert A. wittey; IS to SC; E 100 feet of
W 500 feet of a tract of land known as a
portion of the Absolom Albury 11.90 AC lot,
Plantation Key.
Robert and Judy Wittey addressed the Board. Motion was made
by Commissioner Puto and seconded by Commissioner Freeman to
accept the recommendation of the Planning Commission for
approval to SC pursuant to Section 13-101 (d)5 (b)3.
Amendment #195 Mitchell Kulkulski; NA to SRi Part of
Government Lot 1 of fractional S32, T62,
R38.
Sylvia Ann Godfrey addressed the Board and requested SR-L.
Karl Beckmeyer, representing Tavernaero Airport Park,
addressed the Board and opposed the request due to the glide
path of the adjacent Tavernier Airport. John Ham, repre-
senting Kahiki Harbor Property Owners Association, addressed
the Board. Motion was made by Commissioner Lytton and
seconded by Commissioner Puto to designate SR-L. Roll call
vote was unanimous. -
Amendment #207 Florida Keys Marine Inc.; SC to SRi \
Beginning of NE corner of Tract AB" accord-
ing to plat of Plantation Tropical Park and
further described by metes and bounds,
Plantation Key.
Joe Roth addressed the Board concerning the request. Sara
s-r~ ,
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JohI~on opposed the request. Motion was made by
- ...,_Comrtissioner Lytton and seconded by Commissioner Freeman to
accept the recommendation of the Planning Commission for
approval to SR pursuant to Section 13-101 (d)5 (b)4. Roll
call vote was taken with the following results:
Commissioner Freeman Yes
Commissioner Lytton Yes
,- Commissioner Puto Yes
Commissioner Stormont No
I Mayor Hernandez No
Motion failed for lack of a four-fifths vote.
Amendment #212 Nancy Eppes; SR to SC; NW-ly half of Lot 14
according to George McDonald Plat of Govern-
ment Lot 2 and further described by metes
and bounds all in S34 and 37, T62, R33,
Key Largo.
Motion was made by Commissioner Puto and seconded by
Commissioner Freeman to deny the request because the appli-
cant failed to satisfy the burden required by Chapter 13.
Motion carried unanimously.
Amendment #216 Valerio and Maria Equizabel; IS to IS-D;
Lot 8, Block 9, Ocean Park Village.
Motion was made by Commissioner Lytton and seconded by
Commissioner Freeman to deny the request because the appli-
cant failed to satisfy the burden required by Chapter 13.
Motion carried unanimously.
--
Amendment #219 Walter Harvey; IS to UR or IS-D; Lots 1-8
and 13-17, Square 8, Palma Sola Subdivision,
Tavernier Bend Area.
Motion was made by Commissioner Lytton and seconded by
Commissioner Puto to deny the request because the applicant
failed to satisfy the burden required by Chapter 13. Motion
carried unanimously.
Amendment #224 James and Ida Welborn; IS to SC; Lots 7, 8,
9, Block 1, Seaside Subdivision, Key Largo.
Motion was made by Mayor Hernandez and seconded by
Commissioner Puto accept the recommendation of the Planning
Commission for approval to SC pursuant to Section 13-101 (d)
(b)1-6. Joe Hackney, owner of property in the area,
questioned the Board's action. Roll call vote was
unanimous.
Amendment #227 Robert Peterson; URM to UR; Plat of survey
of Limegrove Estate property .53 acres of
Bay Bottom and part of Tract 1, Key Largo.
Motion was made by Commissioner Stormont and seconded by
- Commissioner Lytton to designate SR-L. Joanna Waggle
addressed the Board. Roll call vote was unanimous.
Amendment 1230 Alan popp; URM to SRi Tract of land in a
part of Government Lot 1, S13, T62S, R38E,
Key Largo.
Leonard Wolfe, attorney representing Alan Popp, addressed
the Board and withdrew the application at the request of his
client.
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Amendment #233 Lenora Albury; URM to MU; Part of Lot 8,
Island of Key Largo, S6, T62 R39.
Motion was made by Commissioner Puto and seconded by
Commissioner Freeman to deny the request because the appli-
cant failed to satisfy the burden required by Section 13.
Motion carried unanimously.
The Board recessed. ~
* * * * * .
The Board reconvened with Commissioners Freeman and
Stormont and Mayor Pro Tem Lytton present.
The Board discussed the proposal to correct six
scrivener's errors submitted by Donald Craig, Director of
Planning, as per memorandum to the Board dated October 9,
1987 (See Attachment 13). Concerning Item II, motion was
made by Mayor Pro Tem Lytton and seconded by Commissioner
Stormont to indicate that the record should remain as it is
since it reflects the' intent of the Board. Motion carried
unanimously. Motion was made by Commissioner Freeman and
seconded by Commissioner Stormont to approve Items #2
through #6. Motion carried unanimously.
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 Staff addressed the Board and advised that they were in
receipt of an amended survey that met the requirements
stated by the Board at the previous meeting. Jack Phillips, --
Surveyor, addressed the Board concerning the survey. Motion
was made by Commissioner Freeman and seconded by
Commissioner Stormont to accept the revised survey and to
ratify Parcel C as shown thereon as SC and Parcel B as SR,
all according to that certain survey by Phillips & Trice
Surveying, Inc. dated October 13, 1987, Project No.
10-87-577, Drawing No. L-285. Roll call vote was unanimous.
Peter Bacle of the Key Haven Property Owners Association
briefly addressed the Board.
There being no further action, the meeting was
adjourned.
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Franklin D. Greenman Gulfside Village Shopping Center
Attorney At Law 5800 Overseas Highway
Suite 40
October 14, 1987 Marathon, Florida 33050
-
(305) 743-2351
To the Board of County Commissioners
Monroe County, Florida
Re: Boot Key Application for ACC/MU .
Attached is Tropic South, I nc . , presentation to the Board of
County Commissioners outlining its request to designate Boot Key
as an Area of Critical County Concern with a MIxed Use land use
designation. This area is presently zoned Native Area.
Tropic South has a long history of developmental plans for Boot
Key that have been presented at County, State and local level
going back to the 1950's. The present proposal incorporates the
environmentally sensitive development, and meets the legitimate
developmental expectations of the developer. The outline pre-
sented he re in for Area of Critical County Concern attempts to
limit the development under the ACC/MU designation to development
appropriate for the area, and meet the environmental concerns to
protect the island. Section 11-104 of the Monroe County Land Use
Plan prevents any development under ACC designation beyond that of
the land use district which it supersedes.
Tropic South's proposal requires a finding by the Board of the
ACC/MU designation and the elimination of the NA designation. The
density allocation in the proposal is less than the MU designtion
allows, ie. , no indutrial activity, and meets the environmental
concerns of the area.
It is our legal opinion that the County cannot give an area the
ACC designation that would allow greater uses than the uses
allowed under its original Land Use Designation, without granting
it a Land Use change that incorporates the proposed uses. Our pro-
posal requires that the NA designation be removed in order that
development occur on the island.
It is our request that the Board allow the following:
1 . Establish Boot Key as a Mixed Use A re a.
2. Accept the attached proposal as the criteria for development of
Boot Key as an Area of Critical County Concern.
We respectfully request your favorable eonsideration.
/$/-
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Franklin D.Greenman
.
BOOT KEY AREA OF CRITICAL COUNTY CONCERN
A. Boot Key Area of Critical County Concern is hereby
established for that portion of Boot Key which is
currently owned by Tropic-South, Inc., and comprises
approximately 750 acres of Boot Key. (see attached map
with area outlined in yellow).
B. PURPOSE:
The Boot Key Area of Critical' County Concern is
established for the purpose of acknowledging Boot Key as
having substantial capital improvement deficiencies,
providing for Mixed Uses on the property but reduced
densities than would otherwise be provided (by
describing them in this section), providing significant
redevelopment opportunities, and reconciling the reaso-
nable investment backed development expectations of the
landowner with the need of preserving the environment,
adding to the quality of life and economic base in the
middle keys, and relieving the County of on-going expen-
ditures which primarily benefit the landowner.
~
C. REGULATIONS:
The Boot Key Development plan shall be prepared in
accordance with the following principles:
l. THAT, 1,000 hotel rooms divided in several different
locations within the development.
2. THAT, 500 marina boat slips will be developed on
baybottom owned by the developer including all normal
uses except dry boat storage and major repairs.
3. THAT, 190 "Affordable Multi-Family" units will be
developed.
4. THAT, 90 "Affordable Single Family Attached" resi-
dences will be developed.
5. THAT, 75 Single Family residences will be developed
on 5 acre lots, in the mangroves, being connected to
upland areas by a series of elevated woooden walkways
which will provide plenty of air, light, sunlight, and
all other normal local elements to the area. All resi-
dential vertical construction will be elevated in the
same manner in order to provide a successful living
environment for both man and the natural habitat in
which the new structures are imposed.
6. THAT, 200,000 square fee t of Commercial lease space
will be developed along either side of the current road-
ways (S-93l) on Boot Key.
7 . THAT, 300 Townhomes will be developed along either
side of the roadways on Boot Key in conjunction with the
Commercial Space as outlined above. The townhomes will
interact with the commercial space and will be entered
from the side facing opposite the road while the commer-
cial establishments will be entered from the road side.
8. THAT, a cultural arts facility will be constructed
for the use of both the performing and visual arts and
for the benefit of the tourists and local residents.
.
9. THAT, a marine study/exhibition facility will be
constructed for the benefit of tourists and local
residents.
10. THAT, a bird and animal study/exhibition facility
will be constructed for the benefit of tourists and
local residents.
II. THAT, a parking garage will be constructed at the
bridgehead where the County Dump existed in a size suf-
ficient to handle the parking requirements of the deve-
lopment except that the number of spaces required for
boat slips shall be reduced to one per slip.
12. THAT, consideration will be given to placing the
"MARC" facility on top of the parking garage.
13. THAT, the parking garage shall be built to act as a
hurricane shelter in at least 50% of the space.
14. THAT, a Boot Key Harbor Association shall be deve-
loped, in addition to is other duties, shall serve to
provide security and p'olice protection in the Boot Key
Harbor, assist the Monroe County Port Authority, dredge
and clear the harbor on the south side of the channel,
and shall be funded internally (not through tax dollars)
by assessments on all of the property improvements
placed on Boot Key as herein described.
15. THAT, the County of Monroe will abandon the bridge
and roadways to the Boot Key Harbor Association, which
will provide comparable access to all of its members,
maintain the bridge an roadways up to normal County
Standards, repair the bridge from its current condition
up to County Standards, and provide access to all other
non-members but property owners on Boot Key at their
fair share cost.
.
16. THAT, Tropic-South will work with the other land-
owners on Boot Key to achieve a homogeneous
development of the entire island.
17. THAT, a sewer treatment plant will be constructed to
.
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handle all of the sewage of the development.
18. THAT, Lighthouses will be bu il t along the outer
perimeter of the property to indicate channel boundaries
along with containing restaurants, items 9 and 10
herein, plus, other small commercial activities.
19. THAT, No industrial usage what-so-ever, except those
contained herein, or already ~xisting on Boot Key shall
be permitted on the property.
20. THAT, the development may' be "'phased" and
constructed over time on a basis which is economically
sound for the developer. A development and construction
sequence schedule will be a part of the final plan as
proposed to and adopted by the County.
D . APPLICABILITY:
All development within the Boot Key Area of Critical
County Concern shall comply with each and every provi-
sion of these land development regulations.
On or be fo re February 1 , 1988, a preliminary plan
depicting all of the elements above shall be submitted
to the County. If a plan is not submitted in that time,
The County Planning Staff may submit a plan on behalf
of the County and landowner for consideration and action
by the County.
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Monroe County Department Staff Report
Date: October 9, 1987
.
Request: At the September 10, 1987 Board of County Commissioners
meeting, the County Commission directed the Planning Department
staff to develop interim regulations for a proposed Area of
County Critical This Area of County Critical Concern would
encompass the land between US Highway 1 and State Road 4-A on
Plantation Key (see Figure 1) .
Background: The site is currently designated suburban
residential (SR) . The Area of Critical Concern designation was
introduced by Commissioner John Stormont as an alternative to
the requests for suburban commercial (SC) zoning by the
applicants for Map Amendments 170, 171, 172, 173, 174, 175, 176,
177, 182 and 183.
Primary concerns in this district are:
- Access control to Highway U.S. 1 and Old State Road 4-A;
- Preservation of existing community character;
- Preservation of tropical hardwood hammock.
The proposed interim regulations address these concerns through
the establishment of special criteria for access, permitted uses
and bufferyards.
Interim Regulations:
I. All existing uses and intensities legally established
prior to the implementation of the Comprehensive Land
Use Plan are considered to be conforming.
II. Land use category SC-1 is established with the
following permitted uses:
- Detached residential dwelling;
- Low intensity commercial retail uses include all use
which generate less than fifty automobile trips per
1000 gross square feet per day.
- All uses permitted in the BU-1 zoning category of the
zoning regulations in effect immediately prior to the
implementation of the Comprehensive Land Use Plan.
~
.
I I 1. Land use category SC-2 is established with the
following permitted uses:
- Detached residential dwellings;
- Low and medium intensity commercial retail uses include
all uses which generate less than 100 trips per 1000
gross square feet per day.
All uses permitted in the BU-2 zoning category of the
zoning regulations in effect immediately prior to the
implementation of the Comprehensive Land Use Plan.
IV. For the purposes of these interim regulations, land
use district boundaries shall be those boundaries in
existence prior to the effective date of the
Comprehensive Land Use Plan. Lots previously zoned
BU-1 shall be designated SC-l. Lots previously zoned
BU-2 shall be designated SC-2.
V. In no event shall new curb cuts on U.s. Highway 1 be
made more frequently than every two hundred (200) feet,
including within two hundred (200) feet, of an existing
curb cut. In no event shall new curb cuts on Old State
Road 4-A be made more frequently than every one
hundred (100) feet, including within every one hundred
(100) feet of an existing curb cut. All development
will be encouraged to utilize existing curb cuts where
two or more adjoining properties can be adequately
served. Any exception to this rule due to a physical
hardship of the land or parcel with question shall be
made in writing by the Director of the Planning
Department.
VI. For U.S. Highway 1 and Old State Road 4-A, bufferyards
shall meet the SC district scenic corridor and major
street buffer criteria; as determined in Section 9-1104
of the Comprehensive Land Use Plan.
VI!. Land use map amendments shall not be permitted in the
Plantation Key Area of County Critical Concern while
interim regulations are in effect.
VIII. No structure within the Plantation Key Area of County
.
Critical Concern shall be permitted above 35 feet.
IX. All signage shall conform to the Comprehensive Land
Use Plan.
X. Property owners within the Plantation Key ACCC shall
be encouraged to participate in a Transfer of
Development Rights (TDR) procedure to allow the
Transfering of Commercial Development Rights and
density (FAR allowance) for a Hardwood Hammock acreas
to already developed and/or scarified sites within
the Plantation Key ACCC.
XI. All regulations of the Comprehensive Land Use Plan not
in conflict with the above interim regulations shall
apply in the Plantation Key Area of Critical Concern.
XI I. During the time frame of the interim regulations, the
County shall determine and improve any cross-access
roads between Old State Road 4-A and U. S . Highway 1 to
county standards. County standards, as applied, shall
allow interior lot access to U.s. Highway 1 via such
cross access roads. Cross access roads shall meet curb
cut access standards for U.s. Highway 1 as stated
above.
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APPENDIX
.
Plantation Key Area of County Critical Concern
The plantation Key Area of County critical Concern is
delineated as that area between U. s. #1 and Old State Road 4A,
beginning at the Woods Avenue Extension and continuing south to
the southern end of Block 4 of Plantation Beach subdivision.
The area is characterized, on its northern end, by
undeveloped hammock, with scattered single family residences in
existence when Old State Road 4A was the main artery through the
Keys. Prior zoning for that area was BU-1, or light business
utilization. On the southern end, commercial development has
taken place within the context of former BU-2 zoning (medium
office/shop utilization), and is in the process of developing
further.
Properties on the other side of Old state Road 4A are
estate residential in character (many of the estate owners own
extended parcels across Old State Road 4A in the northern
portion). Character across current U.S. #1 is mixed, with light
business, residential and governmental in the northern part,
with "mom and pop" motels, one condominium, residential
subdivision and a few light businesses.
Currently, the Florida Department of Transportation has let
bids for the improvement of u.s. '1, along the total length of
the plantation Area of County Critical Concern, which will widen
traffic lanes as well as provide center turn lane provisions
along the southern part of the area, which will fairly well
dictate access to these properties by southbound traffic.
The specific purposes of delineating and enacting the
Plantation Key Area of County Critical Concern is to permit
development under interim regulations, within the context of
existing and previously permitted uses and intensities, while at
the same time providing access control in conjunction with DOT
design and construction plans.
Secondarily, the area's being placed under Area of County
Critical Concern provides mechanism for utilizing a blend of
older land use regulations (specific levels of business zonings
instead of intermixed permissions of use and intensities) with
those newer performance standards embodied in the Comprehensive
Land Use Plan.
Thirdly, because of the northern area's character,
preservation of scenic corridor buffering can be achieved, and
preservation of property use characteristics on both sides of
the Area throughout its length can be maintained.
parcel ownership is characterized, on the northern end, by
relatively large frontages' and depths averaging 120 feet.
Further south, due to the subdivision context of the parcels,
smaller frontages exist (from 50 to 100 feet), with
approximately the same depth, between highways. However,
ownership pattern is such that the vast majority of the parcels
contain (under ownership) two (and upward) lots. (Attached)
Ownership according to parcel ID number, lot number and
owner are included in the proposal.
prior zoning pattern, contrary to other Keys areas, is
cohesive, with no intermixed character, in the prior BU-l, BU-2
and BU-3 categories, so that sharp delineations into new
usage/intensity categories is relatively simple. (Attached)
DOT improvements call for no center turn lane in the
northern portion, primarily because of the curve configurations.
This portion parallels the previously zoned BU-l area.
Significant center-turn lanes will be created along what
parallels the previous BU-2 zoned areas. (Attached)
Existing uses are also depicted on attached documents,
indicating ability of the area to handle additional units.
At the minimum, the interim regulations listed below would
permit utilization of properties under a mixture of "old" zoning
philosophy, by creating specifically layered use in context of
new' Comprehensive Land Use plan regulations;
These regulations should be placed as the interim
regulations, so that confirmation by the focal point planning
process would lead to confirmation of them as the permanent
regulations for the area.
Due to the nature of the interim regulations, and the
character of the area, little additional focal point planning
would be required, prior to adoption of final land use map
amendments.
INTERIM REGULATIONS
I. All existing uses and intensities lawful prior to the
implementation of the.comprehensive Land Use Plan are
considered not to be non-conforming.
II. For the purposes of these interim regulations, land
use category SCl shall be taken to mean low intensity
commercial use at a minimum, and former BU-l intensity
and use at a maximum, as modified by these
regulations.
For the purposes of these interim regulations, land
use category SC-2 shall be taken to mean medium
.
intensity commercial use at a minimum and former BU-2
intensity and use at a maximum.
.
In SC-I and SC-2 areas, SR by-right and minor
conditional permit shall continue as authorized, for
residential uses only.
III. For the purposes of these interim.regulations,
district boundaries shall be those boundaries in
existence prior to the effective date of the
Comprehensive Land Use Plan, and in context of
paragraph 2 of these regulations, with SC-l conforming
to previous BU-l and SC-2 conforming to BU-2, except
that such SC-l uses and intensities shall be also
authorized in SC-2 districts.
IV. Existing curb cuts are permitted to be utilized with
the provision that access be provided from Old State
Road 4A where no curb cut exists on US.l within 200
feet of the proposed use, in SC-l.
Those areas overlayered as SC-2 shall be permitted
existing curb cuts with the provision that undeveloped
properties without existing curb cuts shall be
required to utilize those existing curb cuts
authorized, for adjoining properties, as common
access.
In no event shall new curb cuts be more frequently
placed within the Area of County Critical Concern than
within 200 feet of existing curb cuts.
V. Bufferyards in SC-l and SC-2 shall be treated as SC
bufferyards along major arterial highways on both
sides of parcels fronting access roads.
VI. No land use map amendments shall be permitted in the
Plantation Key Area of County Critical Concern while
interim regulations are in effect.
VII. No structures within the Plantation Key Area of County
Critical Concern shall be permitted above 35 feet,
regardless of number of st9ries.
VIII. All signage shall conform to the Comprehensive Land
Use Plan.
IX. All other regulations of the Comprehensive Land Use
Plan not in conflict with the above interim
regulations shall apply.
X. During the time frame of the interim regulations, the
County shall determine and improve any cross-access
roads between Old State Road 4A and US#1 to county
.
standards so as to facilitate off-US#1 access to
properties wit~in the ACCC.
.
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IIrr A CH 1fI' AJ .,.. J1-a
BOARD OF COUNTY COMMISSIONERS
OK~V~~: ~R~~'~04~E MA YOR Jerry Hernandez, District 1
Mayor Pro tem Gene Lytton, District 2
Wm. Billy Freeman, District 3
(305) 294.4641 Mike Puto, District 4
John Stormont, District 5
M E M 0 RAN DUM
----------
To: Board of count~~ioners
From: Donald Craig ~
Director of Plan . g' .
RE: Text Amendments - scrivener's errors
Date: October 9, 1987
Please find in the attached list of six scrivener's errors
which should be corrected be~ore the proposed text amendments to
the Florida Keys Comprehensive Plan and Land Development
Regulations are transmitted to the Department of Community
Affairs. The errors include omissions, mistakes in citations,
and unclear intentions. Those omissions and mistaken citations
are underlined or explained.
It would be appropriate for the Board to indicate their intended
meaning and so instruct staff to make the corrections before
transmittal of these amendments.
Minutes of July 23, 1987
1. Junendment #76; 9-307; Page 99
In all other amendments referring to off-shore islands or
spoil islands the phrase "in Key West Channel" is omitted.
Was it the intention of the Board of County Commissioners to
include it in this amendment?
Minutes of July 27, 1987
2 . Amendment #6; 3-101C-5; Page 11
Should read: . . . park, solid waste, library, public
buildings and emergency servics, . . .
3. Amendment #148; 13-101D3a (i) ; Page 300
States section 5-501b be revised; should be section 5-105B.
4. Amendment #167 - reads ...may be issued permitted without...
should read ...may be issued permits without . . .
Minutes of July 30, 1987
5. Amendment #70; 9-305A; Page 157
Add cross-reference to Section 9-305; should be add cross-
reference to Section 9-304.
6. Amendment #107; 9-1001; Page 219
Reads to upgrade landscaping standard for Sparsely Settled
district from Class A to Class C.~Should it be ...upgrade
landscaping standard f~sparSelY Settled district from
Class C to Class A?~
I 4,~
--. ---....- ..~--------- - .-- -------- ------_.- -- .---- --.-
\ "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
I required to comply with the County's regulations
in effect prior to the effective date of the
I Plan. "
Amendment 154: 9-112; 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 155
Amend open space ratio regarding Off Shore Island from .95
to .90
Amendment *76; 9-307: Page 161
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 115
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:
I "5. Churches, provided that:
i a. the parcel proposed for development
I is separated from any established
residential use by a Class C
I bufferyard: and
b. access to U.S. 1 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. 1 by
at least 400 feet."
I Motion carried unanimously.
I
I Amendment '60; 9-208C2b: Page 120
Motion was made by Commissioner Stormont and seconded by
Commissioner Freeman to deny the proposed Amendment 460 per
Staff recommendation. Motion carried unanimously.
Amendment 174: 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
I housing as follows:
"D. Unless the provisions 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
I i
I
i II
-..
II 159
-.-------
Public Hearing/Special Meeting
. Board of County Commissioners
Monday, July 27, 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; Tom Brown, County Administrator, Charles Pattison
and Planning Staff, members of the Press and Radio; and the
general public.
Motion was made by commdssioner Puto and seconded
by Commissioner Freeman to approve the following actions by
unanimous consent:
Amendment '6: 3-10lC-5f Page 11
Accept the recommendat on 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 '12: 3-101 M-l
Deny proposed Amendment '12.
Amendment '121B7 l2-l0l0(d)7 Page 273
Deny proposed Amendment '12lB.
Amendment ,12lC7 l2-l0l0(d)7 Page 273
Accept th& recommendation of the Planning Commission and
insert the following sentence in Section l2-101D(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 '121D7 12-101Gl, Page 275
Deny proposed Amendment '1210.
Amendment '121E, 12-101I(3}a, Page 277
Accept the recommendation of the Planning Commission to
insert the following at the beginning of Section 12-10lI(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 163 ~
.-.
= -------~
.---- -=
,
,\;1' "LT"O' #94; 9-514C, D,.E; Page 177
,\ .... ".;coaunendation of planning commission to add "the -
,." ."cks Department or the County Engineer" and delete ::.
.. :'t(.t;)[ of planning".
~m~n~80n~ 195; 9-517; Page 178
_' -~;~commendation of Planning commission to add:
I ~.. .at locations determined by the
I :' l:HJ.ning Commission or the Public Works
_ I ~irector and/or County Engineer."
I
":'I,--;_:~!~_l~~ 1147; 13-101CJ Page 307
.;: -'-'\-:~t. recommendation of planning commission to amend sec-
," ',0 read:
Except as provided in this section, proposed
~mendments to these Land Development
Kegulations shall be accepted for review and
?rocessing annually on the anniversary date
of adoption. Amendments to these regulations
~o implement plans developed for any Areas of
.: r i tical County concern may be considered at
d.ny time designated by the Board of County
i:.:ommissioners.
':-T:,'.',Qment 1148; 13-10 lD3a (i) J Page 300
,;,,:~~1->pt recommendation of planning commission to amend the
\ ;10 ': i.::e provision for amendments to these regulations as
::) ll:)ws:
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
i public hearing and in the case of amend-
ments to the text of these regulations
at least fifteen (15) days prior to any
i required public hearing.
I!
;' and also accept the recommendation that 5-501b be revised to
be consistent with this change.
~endment 1150; 13-l01D3b; Page 300
Ueny proposed Amendment 1150.
~endment 1154. V.2 Pa_e 150. Evaluation And Rankin Of The
Impact potentials And Impact Sensitivities
Of Florida Keys Habitats
Accept recommendation of planning Commission to change the
I fifth sentence, ninth line, to read as follows:
it within twelve months after the effective
, date of the Administration Commission rule
. which establishes portions of the Monroe
I County comprehensive plan and Land Develop-
ment Regulations, Monroe County shall
-
S4".;.:a..,~~.~" -- "_.. ~_._--------.--------,.."..,......,..
, ............01..___. -_........c___# .-----.....,
II 1 7 1
-_._--~-
-- - .------.-.-..-- .-- --- -------
_.
.
Amendment. t129; new Chapter 16, Page 314
Motion was w3de by Co~ssioner Stormont and seconded by
Commissioner- Freeman to deny propoaed Amendment '129 and
recommend that the fees be adopted by Ordinance. Motion
carried unani~ously.
Amendment tl?11 6-102C and 01 Page 77
Motion was ~4de 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
Districtd to survey the subdivision, and
upon the written recommendation of the
Ccunty Biologist, determine whether
development may proceed in the subdivision
without :urther 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 ~167. rovide a blanket certification for
a ro riate 1m roved Subd vision (IS)
districts to expedite perm t process1ng
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:
(. ) documentation that all utilities
and roads are in place consistent
with the definition of IS;
-
.
.
II 183
I
achieved. .
Amendment t70: 9-305A1 Page 157
Accept recommendation of Planning commdssion to add cross-
reference to Section 9-305 after 9-302 and 9-303; and to add
cross-reference to 9-307 to 9-30SA2.
Amendment '88; 9-506Kl Page 173
Accept recommendation of Planning Commission to correct
typographical error: wreservew should have been wreversew.
Amendment tl08: 9-10061 Page 224
Accept recommendation of Planning Commission to correct
cross-references to 9-1102, 1103, 1104.
Amendment t1261 12-102P1 Page 284
Accept recommendation of Planning commission to change
typographical error reference to wroadway improvementsW to
wparkw. ...
Motion carried unanimously.
Amendment tl13,
Amendment tl14,
Amendment t129A
Motion was made by Mayor Pro Tem Lytton and seconded by
Commissioner Freeman to consider these proposed Amendments
at this time. Motion carried unanimously. Charles Papy,
attorney representing Lake Advertising, addressed the Board.
Motion was made by Commissioner Freeman and seconded by
Commissioner Stormont to continue consideration of these
proposed Amendments to October 1st. Roll call vote was una-
nimous. Betty Wilson of the Highway Beautification
Committee made a presentation concerning signs. -~
Amendment t173
After Board discussion, motion was made by Mayor Pro Tem
Lytton and seconded by Commissioner Freeman to continue con-
sideration to July 31st. Motion carried unanimously.
Amendment tl03
Motion was made by Commissioner Stormont and seconded by
Commissioner Freeman to approve Staff recommendation but
request Staff to come back to the Board with a clarification
of the reference to DBH. Motion carried unanimously.
Amendment '107, 9-1001, Page 219
Motion was made by Commissioner Stormont and seconded by
Commissioner Freeman to add Improved Subdivision District
(Commercial) to the list of districts requiring landscaping
for parking areas with a Class A landscape standard. Motion
carried unanimously.
Motion was then made by Commissioner Stormont and seconded
by Commissioner Freeman to upgrade landscaping standard for
Sparsely Settled district from Class A to Class C. Motion
carried unanimously.
Amendment '110, 9-1006, Page 224
Motion was made by Mayor Pro Tam Lytton and seconded by
Commissioner preeman to add at the end of the paragraph
regarding street treeSI
...provided that 1n no event will 1esa
than one street tree be provided for
every lot. Existing natural native
vegetation takes priority and satisfies
I
I