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02/24/1986 Special FFO~ Special Meeting/Public Hearing Board of County Commissioners Monday, February 24, 1986 Key Colony Beach A Special Meeting of the Monroe County Board of County Commissioners concerning the Proposed Comprehensive Plan convened on the above date at the Key Colony Beach City Hall. Present and answering to roll call were Commissioner Alison Fahrer, Commissioner William Freeman, Commissioner John Stormont, and Mayor Wilhelmina Harvey. Also present were Paula "Jennie" Luxton, Deputy Clerk; Charles Pattison, Director of Building, Planning and Zoning; Jerry Annas, Assistant Director of Building, Planning and Zoning; Ty Symroski, Planner; Andy Hooten, Biologist; Charles Siemon, Planning Consultant; members of the Press and Radio; and the general public. It was decided by the Board to set a five-minute time limit for speakers. Fred Tittle addressed the Board. Lloyd Johnson addressed the Board regarding requirements on transitional lands, Pages 192 through 198. Mr. Siemon advised Mr. Johnson that a change had been made to this section. Mr. Johnson objected on not being allowed to fill. Mr. Siemon responded and Al Fried then requested that this topic be addressed after lunch. Cleare Filer requested a clarification on an abbre- viation on Page 159 and Mr. Siemon responded. Motion was made by Mayor Harvey and seconded by Commissioner Freeman to eliminate the minimum area category on Page 159. Roll call vote was taken with the following results: Commissioner Fahrer Commissioner Freeman Commissioner Stormont Mayor Harvey Yes Yes No Yes Motion carried with Commissioner Swift absent from the meeting. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to establish minimum dimension for lots in SS, Off-Shore, NA and Mainland NA Districts of 150 feet. Commissioner Swift entered the meeting and took his seat at 9:40 a.m. Roll call vote on the motion was taken with the following results: Commissioner Fahrer Commissioner Freeman Commissioner Stormont Commissioner Swift Mayor Harvey Yes Yes No Yes Yes Motion carried. Cleare Filer and Fred Tittle addressed the Board. / Mr. Siemon informed the Board that the words "of a subdivision" needed to be removed from Section 5-403 and FF G19 advised that he would take care of the matter. - It was announced that County Attorney Proby was on his way to the meeting. Charles Siemon, Jerry Annas, Cleare Filer, Fred Tittle, Lloyd Johnson and Grace Manillo addressed the Board regarding platting. Motion was made by Commissioner Fahrer to require plat filing except where there are boundary changes that do not create unbuildable lots. During discussion, motion was withdrawn. Motion was then made by Commissioner Fahrer to require plat filing except where less than a buildable lot is being sold off. During discussion, motion was withdrawn. It was decided to re-address this matter after lunch and allow Mr. Siemon time to re-write the language. Al Fried addressed the Board regarding Item B on Page 199, Salt Marsh and Buttonwood Associations. Andy Hooten and Charles Siemon addressed the Board. Mr. Fried then discussed Page 197, Open Space Ratios. Fred Tittle addressed the Board. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to save 92.5% of all transitional zones in the County by allowing 7.5% or 1,000 square feet, whichever is greater, for fill (house and yard area inclusive). Roll call vote was taken with the following results: Commissioner Fahrer Commissioner Freeman Commissioner Stormont Commissioner Swift Mayor Harvey No Yes No Yes Yes Motion carried. Al Damron addressed the Board concerning the Area of Critical County Concern for Big Pine Key. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman that the interim regulations adopted apply only to the area south of Watson Boulevard. Roll call vote was una- nimous. Grace Manillo, Al Damron and Sue Abbott addressed the Board. County Attorney Proby arrived at 11:50 a.m. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to exclude Eden Pines Colony, Port Pine Heights and Big Pine Shores from the one unit per acre interim regulations. Roll call vote was taken with the following results: Commissioner Fahrer Commissioner Freeman Commissioner Stormont Commissioner Swift Mayor Harvey Yes Yes No Yes Yes Motion carried. -~ L. B. Pokorsky addressed the Board. Charles Siemon read the following as his recom- mended language for Page 63, 5-401 A: "Platting required if: "1. Division of land into three or more parcels; "2. Division of land into two parcels where the FF 020 required disclosure statement is not attached to the con- veyance. "3. Division of land into two or more parcels where property involved was previously divided without plat approval within two years." Charles Siemon clarified that the disclosure statement required to be attached to the conveyance is to notify the purchaser that parcels of land resulting from the division of land without plat approval may not be developable. Fred Tittle addressed the Board. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to adopt the foregoing recommended language. Roll call vote was unani- mous. Fred Tittle and Charles Siemon addressed the Board. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to insert the following language on Page 64, 5-402 0: "unless the plat bears a legend restricting the use of the unbuildable lot according to the provision of these land development regulations." Motion carried unanimously. The Board recessed for lunch. * * * * * The meeting resumed at 2:00 p.m. with all Commissioners present. Fred Roth addressed the Board regarding Map Changes and was informed by Mayor Harvey that there would be no more Map Changes. The County Attorney was requested to give his opinion. Russell Setti and Dan Michie also addressed the Board. The Board decided not to hear them at this meeting. Grace Manillo requested to speak on Map Changes, but was asked to hold her comments until Friday's meeting. Fred Tittle and Fred Roth addressed the Board. Grace Manillo addressed the Board regarding Suburban Residential. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift that regarding Page 109, Section 9-206, #3, "educational and research" be added as a major conditional use. Roll call vote was unani- mous. Allen Maxwell addressed the Board. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to add Mariculture as a major conditional use to Suburban Commercial District, Page 105, 9-205. William Bradley, Fred Tittle and Al Fried addressed the Board. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift that regarding Sec. 9-405 on Page 161, the words "and/or lawfully altered shorelines" be added after the words "man-made waterbodies" in the first sentence. Motion carried unanimously. Motion was then made by Commissioner Fahrer and seconded by Commissioner Swift to replace the word "other" with the word "natural" before the words "water bodies" and add the words "unaltered shorelines" after the words "water bodies" in the seventh line. Motion carried unanimously. Motion was then made by Commissioner Swift and seconded by Commissioner Freeman that FF 021 setbacks go from bay bottom limits of property. Mayor Harvey ruled the motion out of order. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to add the words "and shall be measured from the mean high tide line" at the end of the first sentence. Motion carried una- nimously. ..-. Evelyn Stevens, Al Fried and Lloyd Johnson addressed the Board. Al Fried addressed the Board regarding Impact Fees. Motion was made by Commissioner Swift and seconded by Commissioner Freeman that single-family, multi-family and mobile home impact fees be cut in half as an interim fee while additional revenue sources are being studied. During discussion, the motion and second were withdrawn. Motion was then made by Commissioner Swift and seconded by Commissioner Freeman that every item be cut 50% across the board as an interim fee and that these fees would also apply to State Campgrounds. Al Fried, George Eager and Charles Allen addressed the Board. Roll call vote was taken with the following results: Commissioner Fahrer Commissioner Freeman Commissioner Stormont Commissioner Swift Mayor Harvey Motion carried. Yes Yes No Yes Yes Motion was made by Commissioner Swift and seconded by Commissioner Freeman to reconsider Item C-Bonuses on Pages 153 and 154. Motion carried unanimously. Motion was then made by Commissioner Swift and seconded by Commissioner Freeman "Hotel rooms - 2 for 1 TOR." Roll call vote was taken with the following results: Commissioner Fahrer Commissioner Freeman Commissioner Stormont Commissioner Swift Mayor Harvey Motion carried. No Yes No Yes Yes Fred Tittle, Russell Setti and Marie Landry addressed the Board. .....- Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to recapture impact fees once a house is sold and comes out from under the Affordable Housing Ordinance; that if an Affordable or Low-Cost Housing Complex is built using funds generated through the Housing Finance Agency of the State of Florida or through the Federal Government and the subsequent owners move away from the rent criteria, that they also would be assessed impact fees retroactively, and defer collection until such time as it is converted. Motion carried unanimously. Fred Tittle addressed the Board. Charles Siemon read to the Board the language he drafted in response to Commissioner Swift's motion on February 21st regarding guidelines for impact fees to State Campground Facilities. There were no objections to the language. I FF-022 Motion was made by Commissioner Swift and seconded by Commissioner Freeman that this meeting be continued until 2:00 p.m. on Friday, February 28th, and that the input at that meeting be entirely from the Commissioners unless it involves a matter for clarification. Motion carried unani- mously. Motion was made by Commissioner Swift to advertise continuation of the Major Development Moratorium for six months beyond April 28th or until the Plan takes effect, whichever occurs first. Motion died for lack of a second. Fred Tittle addressed the Board. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to adjourn the meeting. Roll call vote was taken with the following results: Commissioner Fahrer Commissioner Freeman Commissioner Stormont Commissioner Swift Mayor Harvey No Yes No No No Motion failed. Building, Planning and Zoning Director Charles Pattison was instructed by the Board to contact the Department of Community Affairs for a possible emergency extension on the moratorium situation. There being no further business, the meeting was adjourned. * * * * * 1