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06/06/1985 SpecialCC~- -184 Public Hearing/Special Meeting Board of County Commissioners Thursday, June 6, 1985 Key West A special meeting,of the Board of County, Commissioners convened at 9:20 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 Rosalie L. Simmons, Deputy Clerk; Calvin Allen, Assistant County Attorney; County staff; Lane Kendig, Planning Consultant; members of the Press and Radio; and the general public. The following citizen/advisers were present and participated in the meeting: Bob Ernst, Cy Klein, William Westray, Bill Moore, Stan Becker, Al Damron, Ray Allen, Mary Lin Johnson. Lane Kendig addressed the meeting about Map Changes in general. As a special request, the Board began with the area involving Big Torch Key. Mr: Filer addressed the Board. Motion was made by Commissioner Swift to have Big Torch Key remain SS as currently recommended. Motion died for lack of a second. Mr. Filer and Mr. Art Weiner addressed the Board. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont that a CFR area be designated in Filer Hammock on Bluefish Cana.l,,except Egret Lane. Roll call vote was unanimous. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to accept the remainder of Big Torch Key as Planners have presented. Roll call vote was unanimous. The Board then entered into a discussion of Stock Island. Motion was made by Commissioner Stormont and seconded by Commissioner Fahrer to accept Planner's recom- mendations that all exis-ting mobile home areas identified on the map in orange with the exclusion of.the strip that fronts the highway be changed from MU to URM. Marie Landry addressed the Board. Roll call vote on the motion was una- nimous. Commissioner Swift requested the Commission to con- sider desecrating a piece of'Native Land that is a land- locked scrub mangrove, arealwhich is a mosquito breeding ground on property owned by Steve Condella. After discussion, motion was made by Commissioner Fahrer and seconded by Commissioner Swift that this particular NA designation in Stock Island be referred to for a mitigation program and that the Planners be directed to place in the Environmental Section a Mitigation Program Subsection and that this area be re -mapped as MU. 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. 1 I� CC 185 Motion was made by' Commissioner Fahrer and seconded by Commissioner Swift to move the boundary of the Native Area which encompasses Cow Key so that it includes the chan- nel that splits Cow Key from Stock Island. Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Freeman Yes Commissioner Stormont Yes Commissioner Swift Yes Mayor Harvey No Motion carried. Motion was made by! Commissioner Fahrer and seconded by Commissioner Swift to direct Planners to amend Definition on Page 154 referring to permitted uses in MI District to include CFA, LI and MU uses. Motion carried unanimously. The Board directed; the Planners to identify that LI is a permitted use on Stock- Island. Motion was�made-by Commissioner Swift to designate the Oceanside Marina facility as DR. Motion died for lack of a second. Terry Lee, representing Oceanside Marina, addressed the Board. Pam Martin of Upper Keys O.F.F. also addressed the Board. s Motion was made by Commissioner Swift and seconded by Commissioner Freeman to,approve Stock Island. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Freeman toyaccept Key Haven the way it is now designated on the map until after after the Key Haven Civic Association had their meeting tonight. Mr. Peter Bacle addressed the Board.' During discussion, Commissioner Swift withdrew his motion. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont that all land east of key Haven Boulevard that meets U.S. 1 is SR and all land west of Key Haven Boulevard that is bordered by U.S. 1 is SC and that Commission remain open to additional changes. Roll call vote was unanimous. Al Fried and Mr. Giovannucci addressed the Board. Roll'call vote on the motion was una- nimous. Lane Kendig discussed the Findings of Fact from a lawsuit with the Corps of Engineers that was presented to him by Arthur Lujan. No action was taken. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to give further consideration to this matter at a later time. Motion carried unanimously. The Board then entered into a discussion concerning Boca Chica. Bill Moore of'O.F.F. presented to the Board some documents concerning a proposed Fishermen's Haven. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to change the current desgnation to CFA. Roll call vote was unanimous. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to approve changing Location 4 in Area 4 from SR to PL and Location 5 in Area 4 from SR to URM. Motion carried unanimously. Helen Divoll addressed the Board. Motion was made by Commissioner Stormont and seconded by Commissioner Faher to to approve changing CC 186 Location 6, 7 and 8 in Area 5 from SR to URM; Location 9 in Area 5 from SR to DR/RV; Location 10 in Area 5 from SR to SC; and Location 11 and. 12 in Area 6 from SR to URM. Motion carried unanimously. Bill Moore of O.F.F. addressed the Board. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to eliminate Commercial Fishing Area from map on Big Coppitt so that it is clear the Commission is not encouraging prop dredging, etc. and to redesignate to Light Industrial. 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. Motion was made by Commissioner Swift and seconded by Mayor Harvey to have Commercial Fishing Area in Big Coppitt Key remain as,shown. Roll call vote was unani- mous. Motion was made by Commissioner Swift and seconded: by Commissioner Freeman that Shark Key remain SR as designated and that owners pursue their vested rights proce- dures as necessary. Roll call vote was unanimous. The Board recessed for lunch at 12:30 p.m. The Board reconvened at 1:45 p.m. Lloyd Good, owner of property in Location 13 in Area 8 addressed the Board.. Motion was made by Commissioner Stormont to keep Location 13 a.s SS and use provisions of the Plan for later changes under vested rights procedures. Motion died for lack of a second. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to designate Location 13 in Area 8 as DR/RV. 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. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to leave Location 14 in Area 8 as recommended by Planner. Motion carried unani- mously. Jim Hendrick, attorney, addressed the Board on behalf of Lloyd Johnson, the owner of 398 acres of land on Saddlebunch Keys in the NA Disturbed area. After discussion, motion was made by Commissioner Swift and seconded by Commissioner Fahrer that this land remain as designated by the Planners-. Roll call vote was unanimous. 1 1 CC 187 1 1 Mr. Giovannucci addressed the Board regarding Government Lot 6. Motion was made by Mayor Harvey and seconded by Commissioner Freeman to approve Saddlebunch Keys - Area 8 as discussed. Motion carried unanimously. Michelle Keeva'n and Bill Schwicker addressed the Board regarding land on Lower Sugarloaf. Motion was made by Commissioner Stormont and s`,econded by Commissioner Fahrer to accept the Planner's recommendation on Location 15 of Area 9. Kieran Mahoney and Al Fried addressed the Board. Roll call vote on the motion was taken with the following results: Commissioner Fahrer Yes Commissioner Freeman Yes Commissioner ,Stormont Yes Commissioner'Swift No Mayor Harvey, Yes Motion carried. Lloyd Good and Bill Sch'wicker addressed the Board concerning Location 16 of Area 9. Jim Hendrick, repre- senting Florida Keys Land Company, also addressed the Board. Motion was made by Commissiloner Swift and seconded by Commissioner Freeman to change the designation on the entirety of Section C Extended (40 acres of land) to PL. Discussion ensued concerning vested rights and major deve- lopment parcels. Roll call vote on the motion was taken with the following results:; Commissioner;Fahrer No Commissioner -Freeman Yes Commissioner'Stormont No Commissioner -Swift Yes Mayor Harvey Yes Motion carried. Motion was then made by Commissioner Stormont and seconded by Commissioner Freeman to change the remainder of Location 16 in Area 9 from SR to SS. Jim Hendrick addressed the Board; -After discussion, motion was made by Mayor Harvey and seconded by Commissioner Freeman to postpone the vote on the previous motion. Commissioner Stormont challenged the Chair. R-oll call vote on the motion to postpone was taken with'the following results: Commissioner, Commissioner; Commissioner! Commissioner, Mayor Harvey' Motion carried. " Fahrer No Freeman Yes Stormont No Swift Yes Yes Kieran Mahoney, J°im Hendrick and Helen Divoll addressed, the Board concerning Location 11 in Area 9. After discussion, motion was mad:'e by Commissioner Stormont and seconded by Commissioner Swift to redesignate Location 17 in Area 9 to PL. Roll call vote was unanimous. The Board entered into a discussion concerning Sugarloaf Mobile Home Resort and referred to same as Location 161/2 in Area 9. Kieran Mahoney addressed the Board. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to accept Planner's recommendation CC 188 that Location 161/2 in Area 9 be designated as SS. Motion was made by Commissioner Swift to redesignate Location 161/2 in Area 9 to SR. Motion died for lack of a second. Motion was made by Mayor Harvey to postpone until certain legal opi- nions could be received. Motion died for lack of a second. Roll call vote on the original motion 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 made by Commissioner Swift and seconded by Commissioner Freeman to redesignate Location 161/2 in Area 9 to SR. 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 Mr. Giovannucci addressed the Board about his abi- lity to build a home on the area on the east bank of Sugarloaf Creek designated as NA. Lane Kendig was directed to send staff to the site to see if any portion of this land could be put into another designation. Motion was made by Commissioner Freeman and seconded by Commissioner Fahrer to accept Lower Sugarloaf - Area 9. Motion carried unanimously. Motion was made by Commissioner Freeman and seconded by Commissioner Swift to approve Location 18 in Area 10 as recommended by the Planner. Roll call vote was unanimous with Commissioner Stormont not present. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to approve Location 19 in Area 10 as recommended by the Planner. Motion was carried unani- mously. Motion was made by Commissioner Freeman and seconded by Commissioner Fahrer to accept Location 20 in Area 10 as recommended by the Planner. Motion carried una- nimously with Commissioner Stormont not present. Motion was made by Commissioner Freeman and seconded by Commissioner Stormont to accept Location 22 in Area 10 as recommended by the Planner. Motion carried una- nimously. Motion was made by Commissioner Freeman and seconded by Commissioner Stormont to accept Location 23 in Area 10 as recommended by the Planner. Motion carried una- nimously. Motion was made by Commissioner Freeman and seconded by Commissioner Stormont to accept Location 24 in Area 10 as recommended by the Planner. Motion carried una- nimously. 1 1 1 1 1 1 Motion was made by Commissioner Freeman and seconded by Commissioner Stormont to accept Location 21 in Area 10 as recommended by the Planner. Motion carried una- nimously. Motion was made by Commissioner Freeman and seconded by Commissioner Fahrer to accept Upper Sugarloaf - Area 10. Motion carried unanimously. Motion was made by Commissioner Freeman and seconded by Commissioner Fahrer to approve Location 25 in Area 11 as SR as recommended by the Planner. During discussion, motion was withdrawn. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to approve Location 25 in Area 11 as SR as recommended by the Planners. 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 made by Commissioner Freeman and seconded by Commissioner Swift to re -designate Location 25 in Area 11 as SC. Motion was made by Commissioner Stormont to postpone. Motion died for lack of a second. Roll call vote on the motion to re -designate was taken with the following results: Commissioner Fahrer No Commissioner Freeman Yes Commissioner Stormont No Commissioner Swift Yes Mayor Harvey Yes Motion carried. Motion was made by Commissioner Swift to postpone consideration of Location 26 in Area 11. Motion died for lack of a second. The following persons addressed the Board: Bill Moore of O.F.F., Eugene Paxton representing the Sacarma Bay & Cudjoe Ocean Shores Property Owners Association, Don Young, Carmelita Gossard, Maxine Wurlitzer, and Pam Martin of Upper Keys O.F.F. Motion was made by Commissioner Swift and seconded by Mayor Harvey to designate the two lots owned by Cudjoe Sales and E. Fish Company as CFA. The following persons'laddressed the Board: Carroll Rock, Phillip Dunn, Pam Martin of Upper Keys O.F.F., Frieda Rock, Pete Wurlitzer, and Carmelita Gossard. 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 Fahrer and seconded by Commissioner Stormont that the property of E. Fish Company and Cudjoe Sales be designated CFA without trap building, dipping and/or storing. The following -persons addressed the Board: Garland Webster, Larry Kudzik, Phillip Dunn, Ann Young, Stan Becker and Pam Martin of Upper Keys O.F.F. Motion was made by Commissioner Freeman and seconded by Commissioner Swift to amend the motion to allow building CC- 190 and storing of traps and to disallow dipping of traps. Lane Kendig addressed the Board. Motion was then made by Commissioner Swift and seconded by Commissioner Freeman to amend the amendment to allow dipping of traps if done inside buildings. Commissioner Stormont withdrew his second to the original major motion. Mayor Harvey seconded the original major motion in place of Commissioner Stormont. Roll call vote on the amendments was taken with the following results: Commissioner Fahrer No Commissioner Freeman Yes Commissioner Stormont No Commissioner Swift Yes Mayor Harvey Yes Motion carried. Roll call vote was taken on the original motion as amended with the following results: Commissioner Fahrer Yes Commissioner Freeman Yes Commissioner Stormont No Commissioner Swift Yes Mayor Harvey Yes Motion carried. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to remove from Suburan Commercial District the Commercial Fishing Industry including trap storage and repair. Don Young and Bob Davis addressed the Board. 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 made by Commissioner Fahrer and seconded by Commissioner Freeman to accept the Planners' recommen- dation to continue Location 27 in Area 11 as NA. Motion carried unanimously. Motion was made by Commissioner Stormont and seconded by Commissioner Fahrer to designate Location 28 in Area 11 as URM with SC in front. Motion carried unanimously with Commissioner Swift not present. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to designate Location 29 in Area 11 as URM. Motion carried unanimously with Commissioner Swift not present. Motion was made by Commissioner Freeman and seconded by Mayor Harvey to designate Location 30 in Area 11 as SC. Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to designate Location 31 in Area 11 as URM. Motion carried unanimously. Motion was made by Commissioner Freeman and seconded by Commissioner Fahrer to designate Location 32 in Area 11 as SS. Roll call vote was unanimous. Motion was made by Commissioner Fahrer and seconded 1 1 1 cc i9l 1 1 1 by Commissioner Freeman to designate Location 33 in Area 11 as DR/RV. Motion carried unanimously. . Motion was made by Mayor Harvey and seconded by Commissioner Freeman to designate Location 34 in Area 11 as CFV. Roll call vote was taken with the following results: Commissioner Fahrer No Commissioner Stormont No Commissioner Swift No Mayor Harvey ' Yes Motion failed with Commissioner Freeman not present. Carmelita Gossard addressed the Board. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to have Location 34 in Area 11 remain PL. Motion carried una- nimously with Commissioner Freeman not present. Motion was made by;Commissioner Swift and seconded by Commissioner Fahrer to accept the Planner's recommen- dations as to corrected boundaries on Locations 35 and 36 in Area 11. During discussion', motion was withdrawn. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to accept the Planner's recommen- dations on Location 35 in Area 11 as to PL designation and corrected boundaries, recognizing that there are improve- ments in place. Motion carried unanimously. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to accept the Planner's recommendations on Location'36 in Area 11 as to NA designa- tion and corrected boundaries. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to approve all of Cudjoe Key - Area 11. Motion carried unanimously. L. Pokorski, Stan Becker and Grace Manillo addressed the Board concerning the Old Thompson Estate on the north end of Cudjoe Key. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to designate the area known as,the Old Thompson Estate on the north end of Cudjoe Key as NA. Andy Hooten and Carmelita Gossard addressed the Board.. Motion was made by Commissioner Swift to designate the property as SS. Motion died for lack of a second. After discussion, motion was made by Commissioner Stormont and seconded by Commissioner Swift to postpone. Roll call vote was unanimous. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to accept all of Cudjoe Key. Motion carried unanimously. Commissioner Swift made a Point of Personal Privilege and advised the Board that Al Fried had requested that the items on Little Torch Key be postponed until the June 12th meeting. Motion was made by -Commissioner Swift and seconded by Commissioner Freeman to designate Location 37 of Area 12 as LI, Location 39 as SR, and Location 44 as MU. During discussion, Commissioner Sw'ift withdrew his motion. Motion was then made by Commissioner Fahrer and seconded by Commissioner Swift to designate Locations 37, 39 and 44 of Area 12 as LI. Roll call vote was unanimous. CC 192 Motion was made by Mayor Harvey and seconded by Commissioner Stormont to change the designation on Location 38 in Area 12 from PL to CFA. Raymond Miller and Frank Volpa addressed the Board. Motion carried unanimously. Motion was made by Commissioner Stormont and seconded by Commissioner Fahrer to uphold the Commission's former action to have Locations 40 and 42 in Area 12 remain designated as PL. 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 No Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to accept the Planner's recommen- dation that Locations 41 and 43 in Area 12 remain as NA. Motion carried unanimously with Commissioner Swift not pre- sent. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to accept the Planners' recommen- dation and change Locations 45 and 46 from SR to URM. Motion carried unanimously with Commissioner Swift not pre- sent. Motion was made by Commissioner Stormont and seconded by Mayor Harvey to approve the west end of Summerland Key as indicated on the map to CFA. Motion carried unanimously with Commissioners Freeman and Swift not present. Mr. Alain de Pierrefeu addressed the Board con- cerning his Tract NN on Summerland Key. Motion was made by Mayor Harvey that there be a Platted Land designation for Tract NN. Motion died for lack of a second. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to accept recommendations from the Planner to extend boundaries on Locations 50 and 51 of Area 13,-inclusive of Lot 13, and designate PL. Roseann Krause addressed the Board. During discussion, motion was withdrawn by the maker. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to retain Locations 50 and 51 of Area 13 as NA, subject to biological reports indicating otherwise. Sue Abbott addressed the Board. Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Stormont Yes Mayor Harvey No Motion carried. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to make th_e north side of Location 52 in Area 13 PL. Motion carried unanimously. Motion was made by Mayor Harvey and seconded by Commissioner Fahrer to postpone the decision on the Krause tract until a survey was -presented to the Commission-. Motion carried unanimously. J. Spottswood addressed the Board concerning his property on the Key West side of the road. Motion was made by 1 1 CC 193 1 1 1 ,y Commissioner Fahrer and seconded by Commissioner Stormont to postpone until the biologist reviews the property and reports back to the Board. Motion carried unanimously. Al Damron addressed the Board. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont that the hammock area northwest of Breezeswept Beach Estates be changed to SS. Motion carried with Mayor Harvey voting No. Motion was made by Commissioner Fahrer and seconded by Mayor Harvey to approve ;all of Ramrod Key - Area 13. Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to accept Planner's recommendation that Location 54 in Area 14 be SS. Motion carried unani- mously. Motion was made by;Commissioner Fahrer and seconded by Mayor Harvey to accept Planner's recommendation that Location 55 in Area 14 be PL. Motion carried unanimously. Motion was made by,Commissioner Stormont and seconded by Commissioner Fahrer to accept Planner's recom- mendation that Location 56 become NA. Motion carried unanimously. Motion was made by: Commissioner Fahrer and seconded by Mayor Harvey to postpone discussion of Little Torch Key until the June 12th meeting;. Motion carried unanimously. Motion was made by Commissioner Stormont and seconded by Commissioner Fahrer to adjourn the meeting at 8:00 p.m.