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05/23/1985 Specialy CC 155 1 Public Hearing/Special Meeting Board of County Commissioners Thursday, May 23, 1985 Key Colony Beach A special meeting of the Board of County Commissioners convened at 9:25 a.m. on the above date. Present and answering to roll call were Commissioner Alison Fahrer, Commissioner John Stormont, Commissioner Ed Swift, and Mayor Wilhelmina Harvey;. Also present were Danny L. Kolhage, Clerk; Calvin Allen, Assistant County Attorney; County staff; Planning Consultants; members of the Press and Radio; and the general public. All stood for the'Invocation and Pledge of Allegiance to the Flag. Mayor Harvey advised everyone present that Commissioner Freeman could not be present due to a death in the family. The following citizen/advisers were present and participated in the meeting: Fred Tittle, Attorney; Betty Bullock, Realtor; William Westray, Citizens Coalition; Bill Daniels, Marine Bank; Ed Davidson; Jim Hendrick, Attorney; Sandy Barrett; H. Ray Alled, Attorney; Earl Gallop, Attorney; and Bill Bradley; Realtor. The Board discussed the extent and the method for receiving public input and participation during this meeting concerning the Land Use Plan. Motion was made by Commissioner Fahrer and seconded by Mayor Harvey to allow public participation on specific items before the Board. During discussion, motion was amended to reflect that this participation would begin at approximately 4:30 p.m. Roll call vote was taken with the following results: Commissionerjahrer Yes Commissioner,Stormont No Commissioner'Swift Yes Mayor Harvey; Yes Motion carried. Motion was made by Commissioner Swift and seconded by Commissioner Stormont tb add in Sec. 1-102, Paragraph A, at the end of the sentence,', "and other applicable laws and regulations." Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to -add the word "compatible" in place of the word "harmonious" in the second paragraph of Sec. 1-101. During discussion,,the second was withdrawn. Motion died for lack of a second.l. Motion was made by Commissioner Swift that the words "needs and limitations" should be added in place of the word "implications" in the second paragraph of Sec. 1-101. Motion died for lack of a second. Motion was made by Mayor Harvey and seconded by Commissioner Swift to replace the word "concerned" with the word "interested" in the second paragraph of Sec. 1-101. During discussion, the motion was withdrawn. Motion was made by Mayor Harvey and seconded by Commissioner Swift to CC 156 replace the words "concerned citizens" with the words "the citizens of Monroe County" at the end of the second paragraph of Sec. 1-101. Motion carried unanimously. Motion was made by Mayor Harvey and seconded by Commissioner Swift to insert the words "pursuant to a duly issued building permit" after the word "site" in Paragraph C-5 on Page 7. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Mayor Harvey to replace the word "substantial" in Paragraph B of Sec. 1-102 with the words "interruption for a period of more than ninety days." Motion carried unanimously. Motion was made by Commissioner Fahrer to approve all of Page 2. Motion died for lack of a second. Motion was made by Commissioner Stormont to add after the words "construed in" in Paragraph A of Sec. 2-101 the words "in favor of the public and not the applicant." Motion died for lack of a second. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to approve Page 2. During discussion, the motion was withdrawn. Motion was made by Commissioner Stormont and seconded by Mayor Harvey to remove everything after the word "observed" in the first paragraph of Sec. 2-101 through the end of the sentence and to place a period after the word "observed." During discussion, the second to the motion was withdrawn. Motion died for lack of a second. Motion was made by Commissioner Swift and seconded by Mayor Harvey to eliminate the words "or the Planning Commission" in the first paragraph of Sec. 2-101 and place a period after the word "Commissioners." Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to approve Page 2 as amended. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to approve Page 3. Motion carried unanimously. Motion was made by Commissioner Swift to approve Pages 4 and 5. During discussion, motion was withdrawn. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to delete Paragraph 7 on Page 4. Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Stormont No Commissioner Swift Yes Mayor Harvey Yes Motion carried. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to approve Pages 4 and 5 and to number Page 5. Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Mayor Harvey to reserve consideration of the Definitions Section of Volume II, consisting of Pages 6 through 24, 1 7 L_ J 1 CC 157 1 1� 1 until completion of the rest of the Plan. Motion carried unanimously. Motion was made byiCommissioner Swift and seconded by Mayor Harvey to approvePage 25. Motion carried unani- mously. d Motion was made by; Commissioner Stormont and seconded by Mayor Harvey to; approve Page 26. Motion was made by Commissioner Swift to amend the motion to place a period after the word "prop"osal" in the second paragraph on Page 26 and to delete the rest of the sentence beginning with the word "and." The amendment was accepted by the maker and seconder and became part of the original motion. Motion carried unanimously. Motion was made by Mayor Harvey and seconded by Commissioner Stormont that;all the references to "Florida Keys" in Sec. 4-103 be changed to read "Monroe County." Motion carried unanimously. Motion was made by Mayor Harvey and seconded by Commissioner Swift to delete the word "lush" in the first paragraph of Sec. 4-103. Roll call vote was taken with the following results: Commissioner!Fahrer Yes Commissioner Stormont No Commissioner ,Swift Yes Mayor Harvey No Motion failed. Motion was made by Mayor Harvey and seconded by Commissioner Swift to change the word "lush" in Sec. 4-103 to "native and" before the word "tropical." Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Mayor Harvey to add the,word "continental" before the words "United States" in the first paragraph of Sec. 4-103. Motion carried by Mayor paragraph nimously. Motion was made by Commissioner Swift and seconded Harvey to change the word "exotic" in the first of Sec. 4-103 toJ"distinct." Motion carried una- Motion by Mayor Harvey and before the 4-103. Motion .I was made by Commissioner Swift and seconded to add the"word "is" after the word "area" word "by" in the second paragraph of Sec. carried unanimously. Motion was made by Commissioner Swift and seconded by Mayor Harvey to delete the word "by" after the word "protection" and before the word "this" in the second paragraph of Sec. 4-103. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Mayor Harvey to change the word "clustered" in the fifth paragraph under Policies oh Page 28 to the word "located." Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Mayor Harvey to add as an additional Policy on Page 28, "To increase educational and non-destructive recreational use of Keys natural areas so as to promote increased knowledge and appreciation for the only tropical ecosystem in the continental United States of America." Motion CC' 158 carried unanimously. Motion was made by Commissioner Stormont to exclude all of the fourth paragraph under Policies on Page 28. Motion died for lack of a second. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to remove the word "implementation" and add the words "use of scientifically sound" before the word "environmental" in the fourth paragraph under Policies on Page 28 and to replace the word "impinge" in that same paragraph with the words "remove or adversely affect" and also to replace the word "encourage" with the word "require." During discussion, the part of the motion con- cerning the replacement of the word "encourage" with the word "require" was withdrawn. Roll call vote on the balance of the motion was unanimous. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to add an additional paragraph under Policies on Page 28, "To encourage the use of environmen- tally sound design and construction methods." Motion carried unanimously. Motion was made by Mayor Harvey to delete the words "require significant destruction" in the fourth paragraph under Policies on Page 29 and to replace them with the word "degrade." During discussion, motion was withdrawn. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to replace the word "destruction" which follows the word "significant" in the fourth paragraph under Policies on Page 29 with the word "degradation." Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to strike the words "natural geologi- cal" in the fourth paragraph under Policies on Page 29. During discussion, the motion was withdrawn. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to strike the first sentence in the fifth paragraph under Policies on Page.29 and to replace it with "To locate water -dependent facilities at locations that will not have significant adverse impacts on off -shore resources of particular importance" and to replace that por- tion of the second sentence in the fifth paragraph under Policies on Page 29 which begins after the word "areas" with the words "with natural marine communities." Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Mayor Harvey to add a new paragraph under Policies on Page 29 to read "To limit the location of docking facilities to those areas which have adequate circulation and/or tidal flushing." Motion carried unanimously. During discussion, motion was made by Mayor Harvey and seconded by Commissioner Fahrer to delete the word "/or" in the above approved addi- tional paragraph. Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Stormont Yes Commissioner Swift No Mayor Harvey Yes Motion carried. i 1 CC 159 1 1 1 The Board recessed:for lunch at approximately 12:45 p.m. The Board reconvened at approximately 2:15 p.m. Another citizen/adviser, Ed Kloski, joined the meeting. Motion was made by Commissioner Swift and seconded by Mayor Harvey to add the words "to any substantial degree" after the word "modification" under the heading of Policies on Page 30. Roll call vote'was taken with the following results: Commissioner Fahrer No Commissioner Stormont No Commissioner Swift Yes Mayor Harvey Yes Motion failed. Motion was made by Mayor Harvey and seconded by Commissioner Swift to add the words "or except where it can be demonstrated that prohibiting development in the transitional area would shift development of the parcel into a more sensitive area of the parcel" following the word "modification" under Policies on Page 30. Roll call vote ws taken with the following results: Commissioner Fahrer No Commissioner Stormont No Commissioner Swift Yes Mayor Harvey Yes Motion failed. j Motion was made by�Commissioner Swift to change the word "prohibit" in the paragraph under Policies on Page 30 to the word "discourage." Motion died for lack of a second. Motion was made by:Commissioner Fahrer and seconded by Commissioner Swift to delete the word "lush" after the word "Native" and before the word "tropical" and to delete the word "tourists" in the first paragraph on Page 31; to delete the last two sentences of the second paragraph on Page 31 and replace same with the following language: "These species are important because they bring to the Keys an element of speciality. 'The uniqueness of an area is a key factor to its attractiveness, and the continued main- tenance of unique Keys' species serves the intuitive human need to avoid extinction of the species." Motion carried unanimously. Motion was made by, Commissioner Fahrer and seconded by Commissioner Swift to ad;d a paragraph under Policies on Page 31 to read "To institujte planting programs to restore native vegetation." Motions carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to add the words "functional integrity of" after the word "protect" in the first paragraph under Objectives on Page 31. Motion carried una- nimously. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to delete the words "that which" after the word "to" in the second line of the third CC '160 paragraph on Page 32; to add the words "environmentally sound design and development that is compatible and will not adversely affect" after the word "to" in the second line of the third paragraph on Page 32; and to replace the word "vegetative" in that same paragraph with the word "natural." Motion passed with Commissioner Stormont voting No. Motion was made by Commissioner Fahrer and seconded by Comissioner Stormont to delete the sentence which begins with the word "Retirees" and ends with the word "economy" in the paragraph under Economy in Sec. 4-104 on Page 33 and also to replace the word "untested" with the word "undetermined" in the same paragraph. Motion carried unani- mously. Motion was made by Commissioner Fahrer to strike the word "the" in the first sentence in the first paragraph on Page 34; also to strike the section of the first sentence beginning with the word "assuming" and ending with the word "tourism"; to strike the word "candidate" in the first paragraph; to replace the word "commodity" with the word "factor"; and to eliminate the words "it is that" before the words "such persons" in the last sentence of this first paragraph on Page 34. During discussion, motion was withdrawn. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to replace the third paragraph under Objectives on Page 34 which had been deleted from this draft, said paragraph beginning with the words "To promote" and ending with the words "Florida Keys." Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to add the words "within the capa- bility of the resource" following the word "Keys" in the second paragraph under Objectives on Page 34. Roll call vote was unanimous. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to add the words "within community needs" following the word "industries" in the second paragraph under Policies on Page 34. Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Stormont Yes Commissioner Swift No Mayor Harvey Yes Motion carried. Motion was made by Commissioner Swift and seconded by Mayor Harvey to delete the first sentence of the first paragraph on Page 34 and to replace same with the following language: "Tourism is the principal component of the Florida Keys economy when the link between tourism and the use and sale of real estate is considered." Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Mayor Harvey to add the words "and enhance the tourism industry and to encourage" following the word "promote" in the fifth paragraph on Page 35. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Stormont to include the words "including the 1 1 1 Cc. 1 1 docking of boats owned or operated by residents in the neighborhood" in the last paragraph under Policies on Page 34 and also to add the words "or the operation of boats without effective mufflers'Ofollowing the word "treatment" in this same paragraph. L.,B. Pokorsky addressed the Board concerning boats operating in RU-1 Districts. Roll call vote was taken with the.following results: Commissioner Fahrer No Commissioner Stormont Yes Commissioner Swift Yes Mayor Harvey Yes Motion carried. Motion was made by Commissioner stormont to add the word "commercial" following the word "of" in the first paragraph on Page 35. Bill Moore of O.F.F., Pam Martin of the Upper Keys Chapter of O.J.F. and Mr. Miller addressed the Board concerning the motion. During discussion, the motion was withdrawn. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to delete the balance of the first paragraph after the words "have been destroyed" on Page 36. During discussion, motion was made by Commissioner Stormont to amend the motion to begin the deletion following the word "Marathon". Motion died fo,. lack of a second. Roll call vote on the original motion was unanious. Motion was made by'Commissioner Fahrer and seconded by Mayor Harvey to insert the words "dominantly native and" after the word "of" in the first paragraph on Page 37. Motion was made by Commissioner Swift to amend the motion to include the addition of the:words "and/or" in place of the word "and" in the existing motion and also to add the words "and/or" on Page 27 in the eleventh line of the first paragraph. The amendment was accepted by the maker. Motion carried unanimously. Motion was made by: Mayor Harvey and seconded by Commissioner Stormont to add:a paragraph under Objectives on Page 37 to read as follows: "Native plants should make up the majority of landscape installations." Motion carried unanimously. Motion was made by,1 Commissioner Swift and seconded by Commissioner Fahrer to add the words "encourage develop- ment which will result in t'ihe improvement of the community character of a planning arela" after the word "To" in the second paragraph under Policies on Page 37. Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Mayor Harvey to insert the words "and promote" after the word "establish" in the third paragraph under Policies on Page 37. Motion carried unanimously. The Board discussed amendments to the fifth paragraph under Policies on Page 37 which would "limit the height of buildings visible from U.S. 1 and State Road 905 so that height does not exceed the tree line visible from U.S. 1." This matter was referred back to Mr. Siemon for possible re -wording of this paragraph. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to change the word "require" to the CC _ 162 word "encourage" and eliminating the words "character and" and the word "color" in the second paragraph under Policies on Page 37. Roll call vote was unanimous. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to strike the sixth paragraph under Policies on Page 37. Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Stormont No Commissioner Swift Yes Mayor Harvey No Motion failed. Motion was made by Commissioner Swift and seconded by Commissioner Stormont to replace the words which were eliminated un the last paragraph under Policies on Page 37 beginning with the word "to" and ending with the word "use." Roll call vote was unanimous. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to amend the second paragraph under Policies on Page 39 to replace the word "encourage" with the word "require" and to replace the reference to "fifty (50) jobs" with "twenty-five (25) jobs." Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Stormont Yes Commissioner Swift No Mayor Harvey Yes Motion carried. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to amend the first paragraph under Affordable Housing in Sec. 4-107 to replace the words "tourist industry" with the words "Florida Keys economy" and to add the words "residents and" following the word "if" in the fourth line of the same paragraph. Roll call vote was unanimous. There being no further business, the meeting was adjourned. i LJ 1 1