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05/28/1985 SpecialCC 163 1 1 1 Public Hearing/Special Meeting Board of County Commissioners Tuesday, May 28, 1985 Key West A special meeting of the Board of County Commissioners convened at 925 a.m. on the above date at the Casa Marina in Key West. 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; Susan Vernon, 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. The following citizen/advisers were present and participated in the meetingj: Fred Tittle, Ed Davidson, Sandy Barrett, Bill Danielsl, Bob Ernst, Earl Gallop, Betty Bullock, Ed Kloski, and RayaAllen. i Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to amend the first paragraph at the top of Page 40 to.delete thle words "the joint or mixed use of land, including" and to insert the words "in conjunction with" in place of the word "above." Motion carried unani- mously. Motion was made by Mayor Harvey and seconded by Commissioner Fahrer to amen,d the second paragraph under Growth Management in Sec. 4;-108 on Page 40 to delete the words "The base economy" anid to insert in their place the words "An important element,"; to insert the word "economy" after the word "Keys" in.thle first line of this paragraph; and to delete the word "the" and insert in its place the word "a" in the second line of this paragraph. Motion carried unanimously. I Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to eliminate the last sentence in the first paragraph under Growth Management on Page 40. Motion carried unanimously. i Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to add the words "and mariculture" at the end of the first paragraph on Page 35. Motion carried unanimously. , Motion was made by Mayor Harvey and seconded by Commissioner Swift to add a paragraph between the second and third paragraphs under Growth Management on Page 40 to read as follows: "In addition,,lit is important that the existing tourist facilities be imprgved and enhanced and that new high quality tourist facilities be developed." Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Mayor Harvey to delete the last sentence of the third paragraph under Growth Management on Page 40. Roll call vote was taken with the following results: CC-- 164 Commissioner Fahrer No Commissioner Freeman No Commissioner Stormont No Commissioner Swift Yes Mayor Harvey Yes Motion failed. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to amend the third paragraph under Growth Management on Page 40 to change the last sentence to read as follows: "The community character assessments indi- cate that each planning area has a character that is sen- sitive to change and that the cumulative effect of such negative changes in community character could have signifi- cant adverse impact on the Florida Keys economy." Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to strike from the last paragraph at the bottom of Page 40 beginning with the word "Development" through the first paragraph at the top of Page 43 ending with the word "develop." Extensive discussion took place on this section of the Plan. Roll call vote was unanimous. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to strike the words "and economic" after the word "environmental" in the second paragraph under Objectives on Page 43. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to substantially re -word the second paragraph under Objectives on Page 43 to read as follows: "To ensure that future development is consistent with the long-term functional integrity of the natural resources of the Florida Keys." Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to insert the words "residents and" between the words "that" and "landowners" in the last paragraph under Policies on Page 43. Motion carried unani- mously. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to insert the words "public or priva- te" between the words "planned" and "facilities" in the first paragraph under Policies on Page 43 and to add at the end of this first paragraph the words ", or that which can be self -supported in an environmentally sound manner." Roll call vote was taken with the following results: Commissioner Commissioner Commissioner Commissioner Mayor Harvey Motion carried. Fahrer Yes Freeman Yes Stormont No Swift Yes Yes Motion was made by Mayor Harvey and seconded by Commissioner Fahrer to add a paragraph following the third paragraph under Policies on Page 44 to read as follows: "To require that all or a part of all new public facilities be developed to serve as areas of safe refuge as hurricane shelters in the event of a hurricane and that, where feasible, existing public facilities be improved to provide 1 1 1 cc 1 1 1 additional areas of safe refuge." Motion carried unani- mously. Motion was made by Commissioner Fahrer and seconded by Mayor Harvey to strike the words "are not flood -proofed" in the second paragraph under Policies on Page 44 and to insert the words "that do not satisfy FEMA requirements." Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Mayor Harvey to eliminate everything following the word "including" through the word "Commission" in the first paragraph under Intergovernmental Coordination of Sec. 4-110 on Page 44 and to insert the words "Federal, State, Regional and Local agencies." Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to delete all of Sec. 4-111 and to transfer it to an appropriate volume for future discussion. Roll call vote was taken with the following results: Commissioner,Fahrer Yes Commissioner°Freeman Yes Commissioner Stormont No Commissioner 'Swift No Mayor Harvey' No Motion failed. Afther further discussion, motion was made by Commissioner Swift and seconded by Commissioner Freeman that the Marathon and Key Largo economic areas of Sec. 4-111 be transferred to another volume; that the other areas of Sec. 4-111 be considered under Map Revisions; that a proce- dure for the development of Areas of County Critical Concern be created; and that historic, environmental, development and generic special area language be added to Sec. 4-111. Roll call vote was unanimous. The Board then discussed the criteria for appoin- tees to the Planning Commission. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to establish a seven -member Planning Commission consisting of a professional planner, an environmental scientist, an active contractor, an engineer/civil engineer, a design pro- fessional, a nominee from fhr.ee names submitted by the Chamber Coalitiion, and a nominee from three names submitted by the Citizens Coalition.. During discussion, the motion was withdrawn. Motion was°made by Commissioner Swift and seconded by Commissioner Fahrer to appoint a seven -member Planning Commission consisting of the following: (1) a realtor, contractor or developer; (2) an environmental scientist, planner, landscape architect or naturalist; (3) an engineer or architect; (4) a nominee from three names submitted by the Chamber Coalition; (5) a nominee from three names submitted by the Citilzens Coalition; and the sixth and seventh member to be selected at large with consideration for geographic balance in the at -large appointees. Al Fried and Arlene Reiser addressed the Board concerning the pro- posed structure of the Planning Commission. Roll call vote was taken with the following.results: Commissioner Fahrer No Commissioner�Freeman No Commissioner Stormont No Commissioner Swift Yes Mayor Harvey No Motion failed. Motion was made by Commissioner Fahrer and cc. seconded by Commissioner Stormont for each Commissioner to submit a name, giving consideration to the areas of planning, environmental science, engineering, realty/contracting, architecture, landscape specialism, and geographic representation of all the Keys. Roll call vote was taken with the following results: Commissioner Commissioner Commissioner Commissioner Mayor Harvey Motion carried. Fahrer Yes Freeman Yes Stormont No Swift Yes Yes Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to strike the words "To the extent practical," in the second sentence of the first paragraph on Page 62. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to amend Paragraph C under Sec. 5-101 on Page 58 to strike everything after the word "initiate". and insert the words "amendments to the text of this Plan." and to add a new Paragraph D to read "To hear, review and adopt amendments to the text of this Plan after recommen- dation by the Planning Commission and also to re -letter the subsequent paragraphs under Sec. 5-101. Motion carried una- nimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to postpone consideration of everything from Sec. 5-103 beginning on Page 62 to Sec. 5-106 in the middle of Page 70 until the end of the discussion on the entire text of Volume II. Roll call vote was taken with the following results: Commissioner Commissioner Commissioner Commissioner Mayor Harvey Motion carried. Fahrer Yes Freeman Yes Stormont Yes Swift No Yes The Board recessed for lunch at 12:30 p.m. The Board reconvened at approximately 1:35 p.m. Citizen/adviser Bill Daniels was not present and citizen/adviser Jim Hendrick joined the meeting. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to reconsider the Board's previous action to postpone consideration of Sec. 5-103. Motion carried unanimously with Commissioner Swift not present. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to approve in principal Sec. 5-103, Sec. 5-104 and Sec. 5-105, subject to further refinements. Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Freeman Yes Commissioner Stormont Yes Mayor Harvey No P_J 1 1 CC 167 11 Motion carried with Commissioner Swift not present. Motion was made by Commissioner Fahrer and seconded by Mayor Harvey to approvean amendment to Paragraph B-2 under Sec. 5-106 on Page 70 to eliminate the words "and zoning" and insert in lieu ithereof the words "environmental and land use." Motion.carH ed unanimously with Commissioner Swift not present. Motion was made by Commissioner Stormont and seconded by Commissioner Fahrer to add Paragraph C under Sec. 5-107 on Page 72 to read as follows: "Such biological assessments by qualifying biologists are subject to review. and approval by the Monroe'County Division of Environmental Resources." Roll call vote was unanimous. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to'accept Sec. 5-107 as amended by the above motion, subject to the amplification of a testing program for biologists. Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner�Freeman Yes CommissioneraStormont Yes Commissioner,Swift Yes Mayor Harvey- No Motion carried. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to change the references to "fifteen (15) days" in Paragraphs Bland C of Sec. 6-105 on Page 74 to "thirty (30) days" and also to require publication in all County newspapers. Motionicarried unanimously. Motion was made by Commissioner Stormont and seconded by Commissioner Fahrer to change the reference to "fifteen (15) days" in Paragraph D of Sec. 6-105 on Page 75 to "thirty (30) days." Motion carried unanimously. Motion was made by Commisisoner Fahrer and seconded by Mayor Harvey to amend Paragraph B of Sec. 6-105 to pro- vide that copies of information will be made available at cost. Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to amend Paragraph C-2 on Page 76 to add the following language at the end of this paragraph: "present written evidence which authorizes them to speak on behalf of the organization in regard to the matter under consideration." During discussion, Pam Martin of the Upper Keys O.F.F. addressed the Board concerning the motion. Roll call vote on the motion wa's unanimous. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to 'accept Sec. 6-106. Motion carried unanimously. I Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to ;change the reference to "two (2) years" in the paragraph under Sec. 6-108 on Page 79 to "one (1) year." During discussion, Commissioner Fahrer withdrew her second. Mayor Harvey then seconded the motion. Roll call vote was taken with the following results: CC 168 Commissioner Fahrer No Commissioner Freeman No Commissioner Stormont No Commissioner Swift Yes Mayor Harvey Yes Motion failed. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to provide that on a 4/5 vote of the Planning Commission, they may allow a development to re- enter the process. Roll call vote was unanimous. Motion was made by Commissioner Swift and seconded by Mayor Harvey to amend Sec. 6-108 on Page 79 to insert the words "or satisfies the deficiencies identified in the prior denial" after the words "twenty-five percent (25%)" in the next to the last sentence. Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Mayor Harvey to reconsider the previous motion. Motion carried unanimously. Prior to discussion of the recon- sideration, the Board discussed the Schedule for the balance of the Public Hearings and indicated the following Schedule: May 31, 1985 - Meeting to cover Text from 9:00 a.m, to 9:00 p.m., if possible, at Key Colony Beach June 4, 1985 - Additional meeting to discuss Text from 9:00 a.m, to 9:00 p.m., if possible, at the Tavernier Elks Club June 6, 1985 - Special meeting to discuss Maps from the area of Key West to Big Pine Key, at 9:00 a.m, in Key West at the Casa Marina June 79 1985 - Regular County Commission Meeting at which time they would also consider Map Changes for the area from Big Pine Key to Layton June 12, 1985- Special Meeting at 9:00 a.m. at the Tavernier Elks Club to discuss Map Changes for the area from Layton to Key Largo Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to re -schedule the previously called Public Hearings to June 26th at Coral Shores at 7:00 p.m., June 27th at Marathon Sub -Courthouse at 7:00 p.m., and June 28th in Courtroom B in Key West at 7:00 p.m.; also a Local Planning Agency meeting for July 1st in Marathon; and to re -schedule the Regular Meeting of the Board of County Commissioners originally scheduled for July 5th to July 2nd at 8:30 a.m. in Plantation Key at a site to be determined, at which time the Board would consider the transmittal of the Plan to DCA. Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Freeman Yes Commissioner Stormont No Commissioner Swift Yes Mayor Harvey Yes 1 1 L' CC :169 1 1 1 Motion carried. Motion was made b' Commissioner Freeman to adjourn the meeting. Motion died for lack of a second. Under discussion of the previous motion concerning Sec. 6-108, there was a substitute motion by the same maker and seconder to add the words "or the application expressly satisfies the deficiencies that were identified in the prior denial." Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Mayor Harvey to amend Paragraph B under Sec. 6-201 on Page 80 to change the referedce to the "Building Code" by adding the word "Standard" Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Stormont to approve Page 83, Page 84 and the top of Page 85 up to Sec. 6-309. During discussion, motion was withdrawn. Motion was;made by Commissioner Fahrer and seconded by Commissioner Swift to approve Page 83 to Sec. 6-310 on Page 87 with an amendment to Paragraph D under Sec. 6-307 to change the word "issued" to "rendered" and to change the title of Paragraph D to "Consideration of an application for minor conditional use approval by the Planning Commission" and changing the reference to "five (5) members" on Page 86 to "three (3) members Roll call vote was taken with the following results: Commissioner; Commissioner Commissioner Commissioner Mayor Harvey; Motion carried. Motion by Commissioner Motion carried was made by" Swift to ad unanimously: Fahrer Yes Freeman Yes Stormont No Swift Yes Yes Commissioner Fahrer and seconded journ the meeting at 6:35 p.m. CC 170 Public Hearing/Special Meeting Board of County Commissioners Friday, May 31, 1985 Key Colony Beach A special meeting 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 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; County staff; Charles Siemon and Lane Kendig, Planning Consultants; members of the Press and Radio; and the general public. All stood for the Invocation and Pledge of Allegiance to the Flag. The following citizen/advisers were present and participated in the meeting: Ed Kloski, Betty Bullock, Bob Ernst, Bill Westray, Sandy Barrett, Ed Davidson and Ray Allen. Mr. Siemon advised the Board that all of Sec. 6-310 would be deleted from the Plan. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to amend Paragraph A of Sec. 6-311 on Page 87 to eliminate everything following the words "Development Review Coordinator" and to require the recording of minor and major conditional use permits in the Official Records of Monroe County. Motion carried unani- mously. Motion was made by Commissioner Stormont and seconded by Commissioner Swift to add to Paragraph A-1 of Sec. 6-311 on Page 89 the following: "Permitted time frames do not change with successive owners. During discussion, Mr. Siemon offered the following amendment: "A transfer of ownership of land subject to conditional use permit does not alter or change the effective period of the conditional use permit." Roll call vote on the original motion was unani- mous. Motion was made by Commissioner Swift.to allow the Building Official discretion to continue the _40nditional-use permit if it exceeds the time frame allowed upon the presen- tation of documentation to support the extension. During discussion, motion was withdrawn. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to add the words "in writing" at the end of Paragraph B-1 on Page 88. Motion carried unani- mously. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to amend Paragraph B-2(a) on Page 88 by replacing the word "circulation" with the words "road and walkway". Motion carried unanimously Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to amend Paragraph B-2(c) on Page 88 to add the words "required of the conditional use permit" after the word "element". Roll call vote was taken with the I 1 1