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04/18/1985 SpecialCC 106 Public Hearing/Special Meeting Board of County Commissioners Thursday, April 18, 1985 Key Colony Beach A special meeting of the Board of County Commissioners convened on the above date. Present and answering to roll call were Commissioner Alison Fahrer, Commissioner William Freeman, Commissioner John Stormont, Commissioner Ed Swift, and Mayor Wilhelmina Harvey. Also present were Danny L. Kolhage, Clerk; Calvin Allen, Assistant County Attorney; Peter Webber, representing the County Administrator; County staff; members of the Press and Radio; and the general public. All stood for the Invocation and Pledge of Allegiance to the Flag. Mr. Charles Siemon of the Planning Consultants addressed the Board and discussed and summarized the pre- vious actions of the Board to date concerning the Plan. Mr. Siemon advised the Board that he had provided them with com- ments received from the Public Hearings concerning policies and proposed changes to the Draft Plan as well as Map changes. The Board then proceeded to discuss these items individually. 1. Mobile Homes. Mr. Siemon advised that it was their recommendation that no new parks be established in Monroe County, but that new homes placed in existing parks would be required to meet FEMA standards and the wind load requirements of the South Florida Building Code. After discussion by the Board, motion was made by Commissioner Swift and seconded by Commissioner Stormont that all mobile homes now sited and located in Monroe County be "grand - fathered" in and that all mobile homes after the date of the adoption of the Plan plus one year would be required to meet FEMA regulations and also the wind load requirements of the South Florida Building Code. During discussion, the motion was withdrawn. Motion was then made by Commissioner Swift and seconded by Commissioner Stormont to "grandfather" all mobile homes sited and located in Monroe County at the time of the adoption of the Plan. Roll call vote was unanimous. Motion was made by Commissioner Stormont and seconded by Commissioner Swift to require that any new installation or replacement of mobile homes from the date of the adoption of the Plan must meet the requirements of the FEMA regulations and also the wind load requirements of the South Florida Building Code. Roll call vote was unanimous. The Commission directed the Consultants to prepare a study of the revenue generation of the various building types. Motion was made by Commissioner Swift and seconded by Commissioner Stormont that there be no further policy changes concerning mobile homes. Motion carried unani- mously. 2. RV's and Trailers. Mr. Siemon advised the Board that it was their recommendation that the Consultants prepare a classification for recreational vehicles and Destination Resorts with recreational vehicles. Motion was made by Commissioner Stormont and seconded by Commissioner Fahrer to direct the Planning Consultants to create, in accordance with existing uses, RV districts and Destination Resorts with RV. Motion carried unanimously. The CC 10'7 Commission directed that the Consultants prepare a study of the kind of fiscal support that RV parks should provide the County. 3. Platted Lands. Mr. Charles Siemon recommended that if all buildable lots are considered to be "grand - fathered" by the County Commission, that they would be per- mitted in accordance with a Rate Of Growth Ordinance to be prepared by the Planning Consultants. The Board discussed the need to determine lots under common ownership and not anticipated to be built on, lots not likely to be built on due to State or Federal regulations, and also to identify high impact growth areas in the County due to buildable platted lots. Motion was made by Commissioner Swift and seconded by Mayor Harvey to "grandfather" all buildable platted lots identified in the Plan as vacant with infra structure improvements as of the date of the adoption of the Plan and which total 16,752 lots. Roll call vote was unani- mous. 4. TDR's. Mr. Siemon recommended that the Consultants could —possibly replace the native areas with areas which would provide for on -site development to be allocated at low densities with an optional TDR program and also the use of TDR's in special areas such as endangered species habitats, the Key Deer Refuge and particularly environmentally sensitive areas. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer that a TDR program category be prepared for later use by the County Commission in special areas such as endangered spe- cies habitats, the Key Deer Refuge, and particularly environmentally sensitive areas. Roll call vote was unani- mous. Motion was then made by Commissioner Swift and seconded by Commissioner Fahrer to replace the native areas with areas designated for on -site development to be allo- cated at low densities with an optional TDR program and rated as to the type of land which would include tran- sitional wetlands, upland hammocks and scarified areas. Motion was made by Commissioner Stormont to apply the TDR's to native buildable only. During discussion, the motion was withdrawn. Roll call vote on the original motion was unani- mous. Motion was made by Commissioner Swift and seconded by Commissioner Stormont to provide that the program would allow for the bonus weighting of TDR's transferred to DR districts. Roll call vote was unanimous. 5. Height. Mr. Lane Kendig discussed height limi- tations. Motion was made by Commissioner Stormont and seconded by Commissioner Swift to limit the height in resi- dential areas and hotel/motel and destination resort areas to 44 feet and limit the height in commercial areas, excluding hotels and motels and destination restort areas, to 2 stories and 35 feet. Roll call vote was taken with the following results: Commissioner Commissioner Commissioner Commissioner Mayor Harvey Motion carried. Fahrer No Freeman Yes Stormont Yes Swift Yes Yes 6. Density. Motion was made by Commissioner Fahrer and secoon ed—by Commissioner Stormont to not provide for the allocation of density to submerged land. Roll call vote was taken with the following results: c 108 Commissioner Fahrer Yes Commissioner Freeman Yes Commissioner Stormont Yes Commissioner Swift Yes Mayor Harvey No Motion carried. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer directing the Consultants to — continue in the direction that they are now proceeding con- cerning densities, making slight reductions in the maximum net density by adjustments to the predominance of multi- family units and the reduction of density for on -site development in the native and sparsely settled areas which were previously designated as native areas and submit to the Board for their review. Roll call vote was unanimous. 7. Procedural. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to change the name of the Growth Management Commission to the Planning Commission. Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to provide that there would be no public hearings for minor conditional uses, but that the owner would be required to post a notice, and also pro- viding that qualified groups could receive copies of appli- cations for conditional use permits and that a list of such permits would be posted at all three County Building Departments. Roll call vote was unanimous. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to amend both the minor and major conditional use permit sections of the Draft Plan to provide for standing for appeal to persons other than the adjacent landowners and also to provide standing for citi- zens' groups. During discussion, motion was withdrawn. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift directing the Consultants to provide for a formal procedure whereby any person may request a hearing on a minor conditional use application. Motion carried with Commissioner Stormont voting no. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to require a procedure for Board approval on all major conditional use permits with a provision for them to be placed on a consent agenda. Motion carried unanimously. The Board then discussed Island Councils. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to instruct Commissioner Fahrer and the Consultants to prepare a review of a plan for makeup and funding of Island Councils. Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Freeman No Commissioner Stormont Yes �— Commissioner Swift No Mayor Harvey No Motion failed. Motion was then made by Commissioner Swift and seconded by Mayor Harvey not to include the Property Appraiser as a member of the Development Review Committee. Roll call vote was taken with the following results: Cc 109 Commissioner Fahrer Yes Commissioner Freeman No Commissioner Stormont Yes Commissioner Swift Yes Mayor Harvey Yes Motion carried. The Board then discussed the Growth Management Commission. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont that the Growth Management Commission be comprised of five members appointed by the five County Commissioners with no regard for specific cate- gories. During discussion, Commissioner Swift indicated that he would like to see the composition of the Board as follows: an Engineer/Architect, an active Contractor, an Environmental Scientist, the Head of O.F.F., a represen- tative of the Tourist Industry and Chamber of Commerce who would be the President of the Chamber Coalition, the President of the Florida Keys Citizens Coalition, the head of the Monroe County Taxpayers League, a professional planner not on the County's staff, and a retiree recommended through the AARP. After discussion, roll call on the origi- nal motion was taken with the following results: Commissioner Fahrer Yes Commissioner Freeman Yes Commissioner Stormont Yes Commissioner Swift No Mayor Harvey No Motion carried. 8. Maps. Motion was made by Commissioner Swift and seconded by Commissioner Stormont that there be no delay in the production of the Maps and the request to make the Maps available for one year for comment and change prior to adoption be denied. Motion carried unanimously. The Board then recessed for five minutes for the purpose of taking a telephone call from the Executive Director of the Florida Keys Aqueduct Authority relative to the Plan. The Board discussed the call taken by Commissioners Swift and Fahrer from Mr. Bernie Shatner, Executive Director of the Florida Keys Aqueduct Authority, who advised the County that the Aqueduct was fully capable of handling an additional 20,000 units; however, that any units allocated over that amount would require additional capital improvements to the water delivery system. 9. Vested Rights. Mr. Charles Siemon discussed vested rights. He recommended that the existing approved major developments be reviewed under the vested rights pro- cedures as outlined in the Draft Plan. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to consider vested rights items on a separate agenda on a case by case basis and that they be considered procedurally. Roll call vote was unanimous. 10. Affordable Housing. Motion was made by Commissioner Swift and seconded by Commissioner Stormont that retirees not qualify for affordable housing, that affordable housing still be considered too expensive and to not eliminate the 10-year provision for multi -family. Motion carried unanimously. CC. 110 11. Non -conforming Uses/Structures. This item was discussed but no action was taken. 12. Commercial Fishing. Lane Kendig discussed com- mercial fishing. The Consultants were directed to conduct a survey to review the current status and tenancy of the existing lobster fishing houses. 13. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to retain the 4 foot rule for minimum depth requirement and that there be a variance where the overriding interest of the public is involved. During discussion, the motion was withdrawn. Motion was made by Commissioner Swift to limit the minimum depth requirement to 2 feet. During discussion, the motion was withdrawn. 14. The Board discussed the DCA/FEMA floodplain regulations and break -away walls. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to approve the construction of break -away walls upon FEMA's approval of the DCA proposal to allow that type of construc- tion. Roll call vote was unanimous. 15. The Board discussed deed restrictions. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to not incorporate any reference concerning deed restrictions in the Plan with the exception that any appli- cations shall include information provided by the owner con- cerning the existence of deed restrictions. Motion carried unanimously. 16. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to add to the Plan and Map districts for rock mining with the necessary justifications and to restrict to existing areas. Motion carried unani- mously with Commissioner Swift not present. 17. The Board discussed making goals, objectives and policies more specific. No action was taken. 18. The Board discussed regulations to take or destroy private property rights without payment of just com- pensation. No action was taken. 19. The Board discussed the fact that economic impact must be evaluated at the same time as Volume II is considered. No action was taken. 20. The Board discussed the fact that the cost of capital facilities to serve existing and future development must be made available before Volume II is adopted. No action was taken. 21. The Board discussed Plan discrimination in favor of large landowners and developers. No action was taken. 22. The Board discussed the fact that the planning process should be slowed down and adequate time should be made available to review its provisions. 23. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to not eliminate impact fees from the Draft Plan, but to follow the State guidelines by eliminating impact fees for low-cost housing. Motion carried unanimously. CC 111 24. The Board discussed that the language of the Plan should be simplified so that Keys residents could better understand the Plan. No action was taken. MAP CHANGES Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to approve changing Gun Range/Ocean Reef on Key Largo from SS to NA and Angler's Club/Ocean Reef on Key Largo from SC to CFR. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to approve changing K-Mart site in Largo from SR to UC. Motion carried unanimously. Motion was made by Commissioner Stormont and seconded by Commissioner Swift to approve changing Calusa Campground on Key Largo from SR to DR. Motion carried una- nimously. Motion was made by Commissioner Swift and seconded by Mayor Harvey to approve changing Key Largo Airport from SC to LI and also the designation of all airports as LI. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Mayor Harvey to approve changing Key Largo Park from PL to SC. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Mayor Harvey to approve changing American Outdoors on Key Largo from SR to DR. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to deny changing North of Sheraton Hammock in Largo from SR to NA. Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Freeman Yes Commissioner Stormont No Commissioner Swift Yes Mayor Harvey Yes Motion carried. The following actions were made by acclamation: Adobe Casa Courts on Key Largo was changed from PL to SR. Hammock South of Seven Acres Subdivision in Tavernier was changed from SR to NA. Venetian Shores in Plantation was changed from SR to PL. The area south of gravel pit in Tavernier was re- labeled hammock. Green Turtle Cannery in Islamorada was changed from SC to CF. North of Green Turtle Cannery in Islamorada was changed from SC to MU. CC 112 Whale Harbor Inn in Islamorada was changed to extend SC to cover motel. Fiesta Key Campground on Long Key was changed from DR to DR for RV's. Motion was made by Commissioner Stormont to post- pone the changing of Center Island on Duck Key. Motion was withdrawn. Motion was made by Commissioner Swift and seconded by Commissioner Stormont to approve changing Center Island on Duck Key from SR to PL. Motion was carried with Commissioner Swift voting no. Motion was made by Commissioner Swift and seconded by Commissioner Stormont to change Grassy Key and Crains Subdivision on Grassy Key from PL to SC. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to approve the correction of NA boun- daries of Coco Plum Beach: BLK 12, 8-26, 1-9; BLK 13, 1-10, 14-24. Motion carried unanimously. During discussion of Coco Plum Beach, motion was made by Commissioner Stormont and seconded by Commissioner Fahrer to withhold the CF classification in Coco Plum Beach. Motion was made by Mayor Harvey to postpone. During discussion, the motion to post- pone was withdrawn. Roll call vote on the original motion was taken with the following results: Commissioner Fahrer Yes Commissioner Freeman Yes Commissioner Stormont Yes Commissioner Swift No Mayor Harvey No Motion carried. The following actions were made by acclamation: Keys Trailer Court in Marathon was changed from SC & SR to SC. Schmit Subdivision at the west end of Marathon Airport was changed from 112 motel PL 112 SC to all SC. Bahia Vista, commercial along U.S. 1 in Marathon, was changed from SR to SC. Casa Blanca in Marathon was changed from PL to SC. Tarpon Lodge in Marathon was changed from SR to MU. Motion was made by Commissioner Swift and seconded by Mayor Harvey to approve changing Sombrero Resort from UR to SC. Motion carried with Commissioner Stormont voting no. Land in Marathon between Palm and Key Colony was changed from PL to SC by acclamation. Knights Key Campground in Marathon was changed from DR to DR with RV by acclamation. The Board discussed changes for Sunshine Key Campground on Bahia Honda. Motion was made by Commissioner Stormont and seconded by Commissioner Fahrer to approve changing the north side of the highway from DR to DR with RV and the south side to native area. Roll call vote was taken CC 1.13 with the following results: Commissioner Fahrer Yes Commissioner Freeman Yes Commissioner Stormont Yes Commissioner Swift No Mayor Harvey No Motion carried. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to approve changing Spanish Harbor on Bahia Honda to CF off-loading area. Roll call vote was una- nimous. Breezy Pines RV Park in Big Pine was changed from SR to SC by acclamation. Motion was made by Commissioner Fahrer and seconded by Mayor Harvey to approve changing Tropical Island Ranchettes Flea Market in Big Pine from SR to SC with proper lineation. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to approve changing Kinerchia Subdivision on the south side of U.S. 1 in Big Pine bounded on the east by the Light Industrial area and on the west by the Platted Lands from SR to SC. Motion carried unani- mously. Big Pine Fishing Lodge on Big Pine Key was changed from SR to DR with RV by acclamation. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to approve changing Cahill Pines Palms (last 3 canals) on Big Pine Key from PL to CF. Roll call vote was taken with the following results: Commissioner Fahrer No Commissioner Freeman Yes Commissioner Swift Yes Mayor Harvey Yes Motion carried with Commissioner Stormont not present. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to deny changing Doctors Arm on Big Pine Key from CF to PL and to deny changing the Southern two canals from PL to CF. Roll call vote was unanimous with Commissioner Stormont not present. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to deny changing Piney Point, Lots 1-8, Block D, on Big Pine Key from PL to CF. Roll call vote was unanimous with Commissioner Stormont not present. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to deny changing South of Coupon Road on Big Pine Key from CF to PL. Roll call vote was unanimous with Commissioner Stormont not present. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to deny changing Fletcher Property on Big Pine Key from CF to SR. Roll call vote was unanimous with Commissioner Stormont not present. CC. 114 Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to deny changing Ocean Bluff Properties (B. P. South) on Big Pine Key from NA to SR. Roll call vote was unanimous with Commissioner Stormont not present. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to deny changing Big Pine Mobile Homes (north side east of Key Deer Boulevard) on Big Pine Key from SR to SC. Roll call vote was taken with the following results: Commissioner Commissioner Commissioner Commissioner Mayor Harvey Motion carried. Fahrer Yes Freeman Yes Stormont Yes Swift Yes No Motion was made by Commissioner Swift and seconded by Commissioner Stormont to approve changing Piney Point Subdivision on Geiger Key from CF to PL and two lots from NA to PL. Roll call vote was unanimous. Motion was made by Commissioner Stormont and seconded by Commissioner Fahrer to retain the PL category on Whispering Pines 3 and 4 on Big Pine Key. Roll call vote was unanimous. Motion was made by Commissioner Swift and seconded by Commissioner Stormont to deny changing Koehn's Subdivision on Big Pine Key from CF to PL. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to retain the PL category for Bluefish Canal on Big Torch Key. Motion carried unani- mously. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to change the north end of Middle Torch Estates on Middle Torch Key from NA to PL. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to approve changing the area north of U.S. 1 (disturbed area) on Little Torch Key from NA to SR. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to approve changing two homes in NA at the north end of Little Torch Key from NA to PL1. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to approve changing the area east of Mates' Beach on Little Torch Key from SR to SC and to approve changing Barry's Beach on Little Torch Key from SR to SC. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to deny changing Fried on Little Torch Key from SR to DR. Roll call vote was unanimous. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to approve the following changes on CC 115 Summerland Key: Acreage (south end) from PL to SR; Trail Park South from PL to SR; and Snug Harbor (except for two end lots) from CF to PL. Roll call vote was unanimous. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to approve changing the adjacent lands of the Airport on Summerland Key from MU to PL. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to deny changing the north side of U. S. 1 on Summerland Key to MU extended through SC. Motion carried unanimously. The Board voted by acclamation to retain the south side of U. S. 1 (between canal and U. S. 1) on Summerland Key as MU. The following actions were made by acclamation: Cudjoe Key (wetland fringe) was changed from SR to NA. Cutthroat Harbor Estates (where there are houses) on Cudjoe Key was changed from NA to PL. KOA Campground on Upper Sugarloaf Key was changed from SR to SC. Disturbed area around canal on Upper Sugarloaf Key was changed from NA to SR. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to approve changing the area just south of U. S. 1 on Upper Sugarloaf from SR to SS. During discussion, motion was withdrawn. Motion was then made by Commissioner Swift and seconded by Commissioner Fahrer to deny changing the area just south of U. S. 1 on Upper Sugarloaf from SR to SS. Motion carried with Commissioner Stormont voting no. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to approve changing Orchid Park on Lower Sugarloaf from SR to PL. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Stormont to deny changing Sugarloaf Beach Road on Lower Sugarloaf from NA to PL or SR. Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Freeman Yes Commissioner Stormont Yes Commissioner Swift No Mayor Harvey No Motion carried. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to deny changing the mobile home park on Saddlebunch Key from SR to PL. Roll call vote was unanimous. No action was taken on changing the RV area on Big Coppitt from SR to SC. Motion was made by Commissioner Stormont and CC 116 seconded by Commissioner Fahrer to deny changing Boca Chica from CF to CF with some MI. Motion carried unanimously. The Board discussed changing Dolphin Harbor Estates on No Name Key from CF to PL/NA/SS. After discussion, the Board decided that this item would be handled at a later time. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to deny changing Eaken Subdivision on No Name Key from NA to SR or SS and to deny changing A. Cothron's Subdivision on No Name Key from NA to PL. Roll call vote was unanimous. Motion was made by Commissioner Stormont and seconded by Commissioner Fahrer to approve changing eight lots on Raccoon Key from SR to PL. Motion carried unanimously. The Board discussed changing Key Haven on Raccoon Key from SR to SC. After discussion, it was decided to hold this item to be considered at a later time. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to designate all of Stock Island as MI/MU with the exception of areas designated PL. Motion carried unanimously. Mr. Charles Siemon then discussed the Board's sche- duled dates for Workshops and Public Hearings. He indicated that it was his recommendation that the Workshops scheduled for April 29th and 30th and May 1st be held concerning Volumes III and IV. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to cancel the Local Planning Agency meeting scheduled for April 25th. Motion carried unanimously. Mr. Siemon indicated that revised Volume II would be available on May 10th and asked that any text changes be submitted to him no later than April 25th and that any map changes be submitted no later than May 3rd. He also indicated that the Board could consider the transmittal of the Draft Plan on May 24, 1985. Mayor Harvey then cancelled the Local Planning Agency meeting scheduled for May 2, 1985. There being no further business, the meeting was adjourned.