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05/31/1985 SpecialCC 1'70 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 conditional 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 During discussion, motion was withdrawn.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 CC 1'71 following results: 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 to amend the first paragraph at the top of Page 89 by adding after the word "permit" the following: "except by way of the procedures set out in Sec. 6-308." Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to direct the Planning Staff to ana- lyze the unrecorded subdivisions to determine if they meet satisfactory compliance with the existing requirements of the plat filing law and ordinance and to initiate plat approval process for those plats if possible. Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Mayor Harvey to amend Paragraph B on Page 94 to delete the word "merely." Motion carried unanimously. The Clerk advised the Board that he had several problems concerning the language in Section 6-402, Paragraph C, as it relates the duties and functions of the Clerk of the Circuit Court as the recorder of instruments and asked that this Paragraph C be deferred. Motion was made by Commissioner Swift and seconded by Mayor Harrvey to approve Pages 93 through 101 with the exception of Paragraph C on Page 94 which is being deferred. Grace Manillo addressed the Board. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to amend the motion to add to Paragraph C-1(a) on Page 97 the requirement for the decision of the Development Review Committee approving or denying a plat to be put on the Board of County Commissioners Consent Agenda for approval. Roll call vote was taken on the amendment with the following results: Commissioner Fahrer Yes Commissioner Freeman Yes Commissioner Stormont Yes Commissioner Swift No Mayor Harvey No Motion carried. Citizen/advisor Fred Tittle joined the meeting at 11:00 a.m. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to amend the motion to amend Paragraph D on Page 101 to add the word "unless" after the word "herein," and to delete the words "agrees to cause" and to insert in lieu thereof the word "increases". Motion carried unanimously. The original motion to approve Pages 93 through 101 with the exception of Paragraph C on Page 94 which is being deferred carred unanimously. CC 1'72 Motion was made by Commissioner Swift and seconded by Commissioner Freeman to approve Page 101 through Paragraph F of Page 108. During discussion, motion was made by Commissioner Fahrer and seconded by Commissioner Swift to amend Sec. 6-4098 on Page 102 by removing the words "lighting," "landscaping," and "water and sanitary sewerage facilities." 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 No Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to remove the words "street lighting" in the first paragraph at the top of Page 103. Roll call vote was unanimous. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to amend the first paragraph at the top of Page 106 by deleting "Growth Management Director" and inserting the words "Director of Planning" and also to insert the word "working" between the numeral "(5)" and the word "days". Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Freeman Yes Commissioner Stormont Yes Commissioner Swift No Mayor Harvey Yes Motion carried. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to amend Paragraph 3 on Page 106 by deleting everything following the word "Planning" and inserting the words "pursuant to the provisions of Paragraph E of this Section." Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to amend Paragraph A on Page 106 to add the word "and" after the word "application" in the third line; to delete the words "if deemed necessary or desirable" after the word "inspection" and insert the words "unless determined to be unnecessary"; and also to amend Paragaph C of Sec. 7-103 at the top of Page 107 by deleting the last sentence thereof and also to provide that the original fee should include inspection fees under Sec. 7-103, Paragraph C. During discussion, motion was withdrawn. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to amend Paragraph A on Page 106 to add the word "and" after the word "application" in the third line; and to delete the words "if deemed necessary or desirable" after the word "inspection" and insert the words "unless determined to be unnecessary." Motion carried unani- mously. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to amend Paragraph C of Sec. 7-103 at the top of Page 107 by deleting the last sentence thereof CC 173 and to add the requirement that the fee be included in the original application fee. 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. The Board then discussed the weekend owner/builder in connection with the provisions of Sec. 7-105, Paragraph F. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to add a new Paragraph G to Sec. 7-105 on Page 108 to read: "Notwithstanding the provisions of this subsection, the work of an owner/builder shall be deemed to be commenced and in progress if periodic work is underway so as not to violate the requirements of Paragraph B and a Certificate of Occupancy is issued within three (3) years of the commencement of the construction." Motion carried unanimously. Roll call vote on the original motion to approve Page 101 through Paragraph F of Page 108 was unanimous. Motion was made by Commissioner Swift and seconded by Mayor Harvey to approve Sec. 7-106 through Sec. 8-103. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to amend Sec. 7-106 to insert the word "materially" before the word "false" in the second line and to insert the words "unless the unauthorized work is corrected promptly" at the end of the sentence. Roll call vote was unanimous with Commissioner Freeman voting No. The Board then discussed notification to property owners concerning non -conformities. Motion was made by Commissioner Fahrer and seconded by Mayor Harvey providing for an amendment to Sec. 8-102 that "the service of indivi- dual notice to all landowners of record of the adoption of this Plan and the requirement to register non -conforming uses. Individual notice by mail shall be deemed served upon the deposit of a duly stamped notice in the U. S. Mail addressed to the owners of record according to the most recent listing of the Property Appraiser of Monroe County." Motion carried unanimously. Roll call vote on the original motion to approve Sec. 7-106 through Sec. 8-103 was unanimous. Motion was made by Commissioner Swift to approve from Sec. 8-103 to Page 119, Sec. 9-101. During discussion, motion was withdrawn. The Board heard a request to amend Sec. 8-106. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to leave Sec. 8-106 on Page 117 as is. Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to approve all of Sec. 8. Motion carried unanimously. Allan de Pierrefeu addressed the Board concerning Sec. 9. CC IL 74 Motion was made by Commissioner Swift and seconded by Mayor Harvey to change the words "twenty-five percent (25%)" in Paragraph C-1-c on Page 120 to "fifty percent (50%)". Roll call vote was taken with the following results: 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 change Paragraph 3-a on Page 121 to include the words "mangrove and freshwater wetland" before the words "Native Area". Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to amend Paragraph 3-b on Page 121 to eliminate the words "residential density" and insert the words "additional intensity of use." Motion carried unani- mously. Motion was made by Commissioner Stormont to add the word "reasonable" before the word "investment" in Paragraph A of Sec. 9-301. Motion died for lack of a second. Motion was made by Commissioner Swift and seconded by Mayor Harvey to change the heading of Paragraph A of Sec. 9-301 from "General" to "Purpose". Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to amend Paragraph A of Sec. 9-301 by deleting the words "preexisting investment -backed" and inserting the word "development". Motion carried unani- mously. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to approve from Sec. 9-302 through Page 124. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Stormont to establish the following Commercial Fishing categories: CFA P Commercial fishing P Trap dipping, manufacturing, storage P Residential - SF, AT /C New areas no more than 25% of the area; existing no more than a 10% increase of 25% in total, whichever is less C Commercial associated, fishing equipment, restaurant P Docking C Repair facilities P Seafood processing CFV P Commercial fishing P Trap dipping, manufacturing, storage P Docking P Residential - SF, AT /C CC JL75 CFR P Limited commercial fishing P Dock - parallel parking within the confines of the property P SF - Residential P Off-loading - no trap storage (two weeks before and after season) During discussion of this motion, motin was made by Commissioner Stormont and seconded by Mayor Harvey to amend the motion to include directions to strike Paragraph 2(b) on Page 147. The following individuals discussed the motion: James D. Young, Pam Martin of the Upper Keys O.F.F., Mr. Pokorski and Grace Kendall. Roll call vote on the original motion as amended was unanimous. Mr. Siemon addressed the Board and recommended that Items A-6 and A-7 under Sec. 10-202, Page 130, be removed. Motion was made by Commissioner Swift and seconded by Mayor Harvey to amend Paragraphs 5(b)(3) and 5(b)(4) to change the word "and" to the word "or" and to eliminate 114. shuffle board courts." and also to eliminate any other references to "shuffleboard courts" in the Plan. Motion carried unanimously. The Board then discussed Paragraph A-5 under Sec. 10-202, Page 130, concerning commercial recreational uses. Motion was made by Commissioner Fahrer to put Item 5 under Paragraph A of Sec. 10-202 in the Major Conditional Use category. During discussion, motion was withdrawn. Motion was made by Commissioner Stormont and seconded by - Commissioner Swift to eliminate the acreage criteria in Sec. 10-202, Paragraph A-5, and to place the stage of conditional permitting in the listings as follows on Page 8 of the Plan: Bowling Alleys - As Of Right Tennis Courts/Racquet Clubs - As Of Right Miniature Golf Courses - As Of Right Amusement or Sea Life Parks - Major Conditional Use Drive -In Theatres - Major Conditional Use Other Theatres - As Of Right Health Clubs - As Of Right Swimming Pools - As Of Right Motion carried unanimously. Mr. Charles Siemon advised the Board that the Access Standards would have to be added to all of Paragraph B of Sec. 10-203 at the top of Page 133. Motion was made by Commissioner Stormont and seconded by Mayor Harvey to strike Paragraph B-3 under Sec. 10-203 on Page 133. Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Stormont Yes Commissioner Swift No Mayor Harvey Yes Motion carried with Commissioner Freeman not present. Motion was made by Commissioner Stormont and seconded by Mayor Harvey to amend Paragraph A-2 of Sec. 10-204 to add the words "as provided in the Florida Statutes" following the word "vehicles". Motion carried unanimously. CC - 1'76 Motion was made by Commissioner Swift and seconded by Mayor Harvey to insert in Sec. 10-204 all of those uses permitted in the "Urban Residential" category. Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to remove Item 6 in Paragraph A of Sec. 10-205, Page 134. Motion carried unanimously. Motion was made by Commissioner Stormont and seconded by Commissioner Fahrer to remove Item 5 in Paragraph A of Sec. 10-205, Page 134. During discussion, motion was withdrawn by the maker. There being no further business, the meeting was adjourned.