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06/04/1985 SpecialCC .1'77 1 1 1 Public Hearing/Special Meeting Board of County Commissioners Tuesday, June 4, 1985 Tavernier A special meeting;of the Board of County Commissioners convened at 9:00 a.m. on the above date in Tavernier. Present and answering to roll call were Commissioner Alison Fahrer,' Commissioner William Freeman, and Mayor Wilhelmina Harvey. Also present were Danny L. Kolhage, Clerk; Lucien Proby, County Attorney; County staff; Charles Siemon, Planning Consultant; members of the Press and Radio; and the general public. The following citizen/advisers were present and participated in the meeting: Ed Kloski, Betty Bullock, Bob Ernst, Bill Westray, and Sandy Barrett. Mr. Siemon advised the Board that the Consultants recommended that Paragraph-B-2 of Sec. 10-206 on Page 137 and the top of Page 138 be -deleted from the Plan. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to delete Paragraph B-2 of Sec. 10-206 and to add in its place "Community public or private tennis courts or swimming piools." Motion carried unanimously with Commissioners Stormont and Swift not pre- sent. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to strike Sec. 10-206 AM and to add on Page 138 as Item C(4,) the words "Agricultural including and limited to nursery, animal husbandry and mari- culture with a minimum lot ',size of one (1) acre and minimum set -back from established riesidential uses equal to a Class D buffer and no sales of goods and services directly to the public." Roll call vote wars unanimous with Commissioner Swift not present. Motion was made by; Commissioner Fahrer and seconded by Commissioner Freeman to ;strike Item 4(b) on Page 138 and to insert the same as Item 13(b) on the same page. Motion carried unanimously with Commissioner Swift not present. Motion was made by' Commissioner Fahrer and seconded by Commissioner Stormont to,strike Item 2(b) at the top of Page 139 and to re -letter Item (c) to be Item (b). Motion carried unanimously with Commissioner Swift not present. Motion was made by�Commissioner Fahrer and seconded by Commissioner Stormont toidelete Item 3 on Page 138 and to remove from Item C-2 on Page 138 the following language: "involving ten or more dwel:ling units or rooms." Motion carried unanimously with Commissioner Swift not present. Mr. Siemon recommended that the following language be used to replace Item 3(b) on Page 139: "No sale of goods and services other than dockage and non -elevated boat storage." The following individuals discussed this item: George Moore, Arlene Reiser,, Ms. Bernard and Jane Moore. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to approve the following language to be inserted in place of 3(bl) on Page 139: "No sale of goods and services other than dockage and non -elevated boat storage and excluding live -aboard vessels." Roll call vote was unanimous. CC JL 78 The Board briefly discussed the "bed and breakfast" category. Al Fried and Dagny Johnson addressed the Board. Motion was made by Commissioner Swift and seconded by Commissioner Freeman directing the Consultants to prepare a new category for Campgrounds on parcels of land five acres or greater as a Subparagraph 5 under Sec. 10-206, Page 139. Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Freeman Yes Commissioner Stormont No Commissioner Swift Yes Mayor Harvey No Motion carried. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to reconsider the previous motion. Roll call vote was unanimous. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer directing the Consultants to prepare a new category for Campgrounds on parcels of land ten (10) acres or greater as a Subparagraph 5 under Sec. 10-206, Page 139. Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Freeman Yes Commissioner Stormont No Commissioner Swift Yes Mayor Harvey No Motion carried. Mr. Siemon advised the Board that under Sec. 10-207-B, there should be a sub -heading Numeral 1 "Attached Residential provided that:" and that Items 1 and 2 following should be redesignated a and b. Motion was made by Commissioner Stormont and seconded by Commissioner Fahrer to provide for "Trap Storage" under Suburban Commercial following Subsection c on Page 137. During discussion, the motion was amended by the maker to be as a matter of right and to add under Item 6 of Paragraph A of Sec. 10-205 on Page 134. After further discussion, motion was withdrawn. Motion was then made by Commissioner Stormont and seconded by Commissioner Fahrer to add under Sec. 10-205-A(6) the words "Trap storage and repair as a matter of right" and to add under Sec. 10-205-C(4) on Page 137 the words "Trap dipping as a major conditional use." Pam Martin of the Upper Keys O.F.F. and Bill Moore of the O.F.F. addressed the Board concerning the motion. Roll call vote was unanimous. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to delete all of Item 3 on Page 140 and replace it with "Community public or private swimming pools or tennis courts" and also to replace Item C-2(b) on Page 140 with "No sale of goods and services other than dockage and non -elevated boat storage and excluding live - aboard -vessels." 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 was made by Commissioner Swift and seconded by Mayor Harvey to approve Pages 140-161 inclusive with 1 1 1 CC ­ 179 1 1 1 appropriate changes to be made by the Consultants based upon the Board's previous actions. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to delete Sec. 10-208-A(2), "Agriculture." Motion carried unanimously. i The Board discussed Sec. 10-212-A(2) and directed Mr. Siemon to consider language to accommodate shops, restaurants and other ancillary uses. Motion was made by Commissioner Swift and seconded by Commissioner Stormont to permit Light Industrial Uses as a Minor Condition Use in the Mixed Use category. Motion carried unanimously. The Board then discussed Private Airports. Mr. Siemon was directed that Private Airports, including public or private seaplane bases and public or private helicopter bases, be permitted as Major Conditional Uses. The matter concerning ultra -lights was referred to the Consultants for review. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to amend Sec. 10-302 by adding the category LIGHT INDUSTRIAL USE with six (6) dwelling units per acre under Allocated Density and twelve (12) dwelling units per acre under Maximum Net Density. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to,amend Sec. 10-302 to add the category of MARITIME INDUSTRIAL with six (6) dwelling units per acre under Allocated Density and twelve (12) dwelling units per acre under Maximum Net Density. Motion carried unanimously. Motion was made by', Commissioner Fahrer and seconded by Commissioner Freeman to`amend Sec. 10-210 on Page 142 by deleting A-2 "Agriculture." Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont directing the Consultants to pre- pare the following classifications: PL for Single Family, PLD for Duplexes, and PLM for Single Family Masonry in the Platted Lands category under Sec. 10-201. Motion carried unanimously. Motion was carried unanimously on the original motion to approve Pages 140-161 inclusive with appropriate changes to be made by the Consultants. Motion was made by, Commissioner Swift and seconded by Mayor Harvey to change uinder Native in the Allocated Density column on Page 162 Freshwater Wetlands to .2, Transitional Habitats to .2, Scarified/Disturbed to .5, and Uplands to .5. Roll call vjote was taken with the following results: CommissionerlFahrer No Commissioner Treeman No Commissioner'Stormont No Commissioner 'Swift Yes Mayor Harvey Yes Motion failed. Motion was -made by Commissioner Fahrer and seconded by Commissioner Freeman to reconsider the previous CC 180 motion of the Board. Motion carried unanimously. Motion was made by Commissioner Fahrer to amend the motion as follows: Freshwater Wetlands to .2 under Allocated Density and .0 under Maximum Net; Transitional Habitats to .2 under Allocated Density and 5.0 under Maximum Net; Scarified/Disturbed to .5 under Allocated Density and 5.0 under Maximum Net; and Uplands to .5 under Allocated Density and 5.0 under Maximum Net. This amendment was accepted by the original maker of the motion. Al Damron, Al Fried and Mr. Fry addressed the Board concerning this motion. During discussion, motion was made by Mayor Harvey and seconded by Commissioner Freeman to amend the motion to provide for 1.0 under the Allocated Density column for all categories under Native excluding Mangroves. Roll call vote was taken with the following results: Commissioner Fahrer No Commissioner Freeman Yes Commissioner Stormont No Commissioner Swift Yes Mayor Harvey Yes Motion carried. The Board recessed for lunch. The Board reconvened after lunch. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to amend Sec. 10-302 to provide for Transition Wetlands as .3 under Allocated Density and .0 under Maximum Net Density; Scarified/Disturbed as 1.0 under Allocated Density and 5.0 under Maximum Net; Uplands as .5 under Allocated Density and 5.0 under Maximum Net. Roll call vote was unanimous. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to further amend Sec. 10-302 under Native to provide for .5 for Scarified/Disturbed under the Allocated Density column. 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 amend Sec. 10-302 under Native to provide for .2 under Allocated Density for Freshwater Wetlands. Motion carried unanimously. Citizen/adviser Ed Davidson arrived at 2:45 p.m. Mr. Siemon advised the Board that there would be an amendment to Sec. 10-304 to include the reference to the "Standard" Building Code. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to approve Page 163. Motion carried unanimously. 11 1 Lam! CC81 �I 1 1 1 Motion was made by Commissioner Swift and seconded by Commissioner Stormont to approve Page 164 to Sec. 10-308 on Page 167. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to amend the Destination Resort allo- cation on Page 167 under Sec. 10-307 to 15.0 under Allocated Density and 30.0 under Maximum Net Density. Motion carried unanimously. Motion carried unanimously on the original motion to approve Pages 164 to Sec. 10-308 on Page 167. The Board discussed the floor area ratios under Sec. 10-308. Motion was made by Commissioner Fahrer and, seconded by Mayor Harvey requesting Mr. Siemon to review the ratios as currently shown under Sec. 10-308 and to report back to the Board with a possible new recommendation. Motion carried unanimously. Motion was made by, Commissioner Stormont and seconded by Commissioner Swift to amend Sec. 10-401 on Page 169 under the Height column to show that all references to Single Family should read J5 feet. Roll call vote was una- nimous. Motion was made by; Commissioner Fahrer and seconded by Commissioner Stormont to, amend Sec. 10-401 to provide for a height limitation in all,classifications of 35 feet. 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 I No Motion was made byiCommissioner Fahrer and seconded by Commissioner Freeman toapprove Pages 169-172. Motion carried unanimously. Motion was made by,Commissioner Fahrer and seconded by Commissioner Stormont to;approve from Sec. 10-581 to Page 192. Motion was made byiCommissioner Swift and seconded by Commissioner Freeman to remove the provisions of Paragraph 4(d) on Page 190 as they pertain to single-family homes and duplexes. Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Freeman Yes Commissioner Stormont No Commissioner Swift Yes Mayor Harvey No Motion carried. Motion was made by�Commissioner Fahrer and seconded by Commissioner Stormont to.�require a provision for all live-aboards to come into compliance within one year of;the adoption of the Plan. Roll call vote was taken with the following results: cc- 182 Commissioner Fahrer Yes Commissioner Freeman Yes Commissioner Stormont Yes Commissioner Swift No Mayor Harvey No Motion carried. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to include under Sec. 10-518, Page 182, the language in the current Code that prohibits live- aboards in Residential Districts. Roll call vote was unani- mous. Motion was made by Mayor Harvey and seconded by Commissioner Swift to include under Sec. 10-502-C that "approved and permitted sources shall include public or pri- vate cisterns, wells, Florida Keys Aqueduct Authority, indi- vidual water condensations systems, reverse osmosis systems, and any other systems whose produce complies with the Florida standards for potable water." Roll call vote was unanimous with Commissioner Stormont not present. Motion was made by Mayor Harvey and seconded by Commissioner Swift to include the insertion of the words "or private" any place the word "public" appears in Division 5 and also to amend the previous motion to delete the reference to "reverse osmosis systems." Roll call vote was:_ unanimous. Motion was carried unanimously on the original motion to approve Pages 173-192. Motion was made by Commissioner Swift to approve Pages 193-Page 305. Motion died for lack of a second. Motion was made by Commissioner Stormont to add as� Item a on Page 214 the words "No fill .is to be permitted on submerged lands, mangroves, or freshw.at.er-wetlands." During discussion, motion was withdrawn. Motion was made by Commissioner Swift and seconded by Commissioner Stormont to add as Section 3 on Page 214 the words "The deposition of fill ,will be limited to those cir- cumstances that will not have an adverse impact on the natural marine communities-." Motion carried unanimously. Motion was made by Commissioner Stormont and seconded by Commissioner Fahrer to add a new section under Sec. 10-711 on Page 214 to read "Yearly photogrammetry (remote sensing) shall be utilized to monitor existing uses; such evaluations shall serve to aid in the establishment of base -line data for future development analysis." During discussion, the motion was withdrawn. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to approve Pages 215-305. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to add ", or marine turtles." following the word "avifauna" in Item L-6 on Page 213. Motion carried unanimously. The Board then gave direction to Mr. Siemon to limit the prohibition of the planting of the sapodilla to only those areas where it has proven to be an invasive exo- tic in extant hardwood hammocks. 1 1 CC 183 1 1 1 Mr. Siemon was retroactive landscaping period of time. also to address the possiblity of requirements over a prescribed Motion was made by;Commissioner Fahrer and seconded by Commissioner Freeman to amend Sec. 10-1405 to provide for the prohibition of all temporary signs in Monroe County. Roll call vote was taken wi,�th the following results: Commissioner Commissioner Commissioner Commissioner Mayor Harvey Motion carried. Fafirer Yes ;Freeman Yes Stormont Yes Swift No No Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to add a Sec. 10-1305 to Page.240 as follows: "Waterfront lighting shall be cut-off limited to 18' above grade." Motion carried unanimously. The Board then directed Mr. Siemon to provide the additional notice requirements in Sec. 11-101 that had been previously approved by thelBoard in an earlier Section of the Plan. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to;add the word "substantially" . following the word "altered" at the end of Paragraph B-3 on Page 207. Motion carried unanimously. i Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to strike the words "and maintenance" from Paragraph C-4 on Page�208. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to strike the words "known or prob- able" from Paragraph C-5 on Page 208. Motion carried with Commissioner Stormont voting No. The Board discussed Item C-6 on Page 208. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to leave Item C-6 as it appears in the draft on Page 208. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Freeman directing the Consultants to provide for a process of exemption from the provisions of Sec. 10-703 on Page 192 based upon a report and recommendation by the County Biologist after;a site inspection. Motion carried unanimously. .Roll call vote wa.,s unanimous on the original motion to approve Pages 193 through 305. Mayor Harvey called for a special meeting of the Board of County Commissioners for the purpose of going through the Definitions in Volume II on June 19, 1985 at Key Colony Beach City Hall immediately following the Board's regularly scheduled Appeals on that date. There being no further business, the meeting was adjourned.