06/12/1985 SpecialDD 015
Public Hearing/Special Meeting
Board of County Commissioners
Wednesday, June 12, 1985
Tavernier
A special meeting of the Board of County
Commissioners convened on the above date at the Elks Club in
Tavernier. 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 were some of the citizen/advisers who
were present and participated in the meeting: Mary Lin
Johnson, Bob Ernst, William Westray, Bill Moore, Fred
Tittle, Karen Sunderland, Betty Bullock, Ed Kloski, Charles
Causey, Mike Barr and Al Beatty.
Lane Kendig addressed the meeting about Map Changes
in general.
The Board then entered into a lengthy discussion
concerning Lower Matecumbe - Planning Area 29. Motion was
made by Commissioner Stormont and seconded by Commissioner
Fahrer to change the area along the D.O.T. right-of-way at
the southern end of Lower Matecumbe from SS to NA. Motion
was made by Commissioner Swift to amend the previous motion
to indicate a CFA designation on the bay side for trap
storage. The amendment was refused by the maker and the
motion to amend died for lack of a second. Roll call vote
on the original motion 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 Fahrer and seconded
by Commissioner Stormont that the Rutherford Island be
designated as a trap storage area providing that the water
surrounding the Island is deep enough for ingress and egress
and that the Planner's recommenation be accepted that the
designation of trap storage on Page 143, Sec. 210-B(3) would
become a major conditional use and there would be a list of
approved islands. Gary Nichols addressed the Board. Motion
was withdrawn. Motion was made by Commissioner Fahrer and
seconded by Commissioner Stormont that the Rutherford Island
be designated as CFA since it is understood that there is
legal trap building, repairing and storage going on at the
present time with the permission of the owner. Roll call
vote was unanimous.
Pam Martin of Upper Keys O.F.F. and Gary Nichols
addressed the Board. Motion was made by Commissioner
Stormont and seconded by Commissioner Fahrer that the
designation of Lots 1, 2 and 3 on Toll Gate Drive be changed
from PL to CFA. Motion carried unanimously.
Motion was made by Commissioner Swift and seconded
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by Commissioner Freeman that the designation of the mangrove
island owned by Dr. Webster be changed from NA to CFA. Pam
Martin of Upper Keys O.F.F. addressed the Board. Roll call
vote was taken with the following results:
Commissioner
Commissioner
Commissioner
Commissioner
Mayor Harvey
Motion carried.
Fahrer
No
Freeman
Yes
Stormont
No
Swift
Yes
Yes
Motion was made by Commissioner Fahrer and seconded
by Commissioner Stormont to retain White Marlin Beach
Subdivision PL as per Planner's recommendation. Pam Martin
addressed the Board. Roll call vote was unanimous.
Motion was made by Commissioner Swift and seconded
by Mayor Harvey that the land on the Bay side of U.S. 1 in
front of Port Antigua that is currently designated as SC be
changed to MU per Planner's recommendation. The following
persons addressed the Board: James Pritchard, Gary Nichols,
Gene Rhodus, Curtis Mobley, Charles Mohrbacher, and Dan
Wheeter. After discussion, 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.
Charles Mohrbacher and Curtis Mobley addressed the
Board. Motion was made by Mayor Harvey and seconded by
Commisioner Swift to accept the Planner's recommendation
that Angelo's Country Store Property from the storefront to
canal frontage be designated MU. 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 Mayor Harvey that the storage of traps will be disallowed
in all SC areas. Motion was made by Commissioner Fahrer to
amend the previous motion to make storage of traps a major
conditional use under SC. Fred Tittle addressed the Board.
During discussion, Commissioner Fahrer withdrew her amend-
ment and substituted an amendment to the motion to make
storage of traps a minor conditional use under SC.
Amendment was accepted by the maker. Roll call vote on the
original motion as amended was unanimous.
Motion was made by Commissioner Stormont and
seconded by Commissioner Swift to reconsider the Board's
previous action regarding Angelo's Country Store Property.
Motion carried unanimously. Motion was made by Commissioner
Stormont and seconded by Commissioner Swift to designate as
MU the area behind Angelo's Country Store at the roadway to
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the canal and leave Angelo's Country Store area as SC. Roll
call vote was taken with the following results:
Commissioner
Fahrer
No
Commissioner
Freeman
No
Commissioner
Stormont
Yes
Commissioner
Swift
Yes
Mayor Harvey
Yes
Motion carried.
Gene Rhodus, James Pritchard and Pam Martin of
Upper Keys O.F.F. addressed the Board. Mayor Harvey read
the definition of "commerical vessel" from Florida Statutes,
Ch. 327. Bill Moore of O.F.F. and Curtis Mobley addressed
the Board.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Swift that H-4 of the Text - Home Occupation
definition - be approved per Planner's recommendation. Bob
Ernst addressed the Board. During discussion, motion was
withdrawn.
Bill Moore of O.F.F., Charles Mohrbacher, Pam
Martin of Upper Keys O.F.F., Charles Causey, Bill Westray
and Fred Tittle addressed the Board. Motion was made by
Commissioner Fahrer and seconded by Commissioner Freeman
that a committee be appointed of at least five members who
will gather statistics on the existing needs of the fishing
community and report back to the Board with recommendations
within ten days. The Chair declared the motion out of
order. Commissioner Fahrer challenged the Chair's ruling.
The challenge was seconded by Commissioner Freeman. Roll
call vote was taken on the challenge to the Chair's declara-
tion that the previous motion was out of order:
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 Freeman that each Commissioner
appoint one member to the committee that will gather sta-
tistics on the existing needs of the fishing community and
report back to the Board with recommendations within ten
days. 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 Commissioner Freeman to accept Planner's recommendation
that the two areas on the northern end, Bay side, of Lower
Matecumbe that are currently designated CF-SPA be designated
CFA. Charles Causey addressed the Board. Commissioner
Fahrer directed the Clerk to have the Minutes reflect that
the Commission did not have adequate data to support this
kind of designation and without it there is no propriety to
asking that this be a CFA designation. Roll call vote was
taken with the following results:
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Commissioner
Fahrer
No
Commissioner
Freeman
Yes
Commissioner
Stormont
No
Commissioner
Swift
Yes
Mayor Harvey
Yes
Motion carried.
Motion was made by Commissioner Swift that Sea Oats
Beach be changed from SR to LI. Motion died for lack of a
second. Motion was made by Commissioner Fahrer and seconded
by Commissioner Stormont to change Sea Oats Beach from SR to
NA. During discussion, motion was withdrawn. Motion was
made by Commissioner Fahrer and seconded by Commissioner
Freeman to accept Planner's recommendation that Sea Oats
Beach be designated as 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
The Board recessed for lunch.
The Board reconvened at 2:00 p.m.
Motion was made by Commissioner Stormont and
seconded by Commissioner Swift to accept the Planner's
recommendation to change Location 150 from SR/SC to CFA.
Motion carried unanimously.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Swift to approve Planner's recommendation to
change Location 151 from SC to URM. Motion carried unani-
mously.
Don Hawley addressed the Board about part of
Location 152. After discussion, motion was made by
Commissioner Swift and seconded by Commissioner Freeman to
approve the Hawley tract of land in Location 152 as DR.
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 Stormont and
seconded by Commissioner Freeman to approve Jerry's Sunset
Inn property in Location 152 as DR. Mike Barr, Charles
Causey and Fred Tittle addressed the Board. Roll call vote
was taken with the following results:
Commissioner Fahrer No
Commissioner Freeman Yes
Commissioner Stormont Yes
Mayor Harvey Yes
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Motion carried with Commissioner Swift not present.
Commissioner Fahrer discussed problems existing
with the Maps. Mayor Harvey directed Lane Kendig to contact
the Property Appraiser concerning the work being done under
the $100,000.00 grant the Property Appraiser has received.
Mayor Harvey also directed the Assistant County Attorney to
contact the County Administrator about this matter. Fred
Tittle and Mary Lin Johnson addressed the Board.
Motion was made by Commissioner Stormont and
seconded by Commissioner Freeman to approve the balance of
Location 152 as MU in accordance with Planner's recommen-
dation; Location 153 to URM as Planner recommended; and
Location 154 to URM as Planner recommended. Roll call vote
was unanimous.
Motion was made by Commissioner Freeman and
seconded by Commissioner Swift to accept Planner's recommen-
dation to change the designation of Location 155 from PL to
SR. Betty Bullock addressed the Board. During discussion,
motion was withdrawn. Motion was made by Commissioner Swift
and seconded by Commissioner Fahrer to approve Location 155
to remain PL. Motion carried unanimously.
Discussion was entered into concerning the Bay
Hammock area on Upper Matecumbe. Motion was made by
Commissioner Fahrer and seconded by Commissioner Freeman to
leave the Bay Hammock area on Upper Matecumbe as SR. Roll
call vote was unanimous.
Motion was made by Commissioner Fahrer and seconded
by Mayor Harvey to accept Planner's recommendation that
Whale Harbor -Bay Side, Location 156, be changed to SC. Roll
call vote was taken with the following results:
Commissioner
Commissioner
Commissioner
Commissioner
Mayor Harvey
Motion carried.
Fahrer
No
Freeman
Yes
Stormont
No
Swift
Yes
Yes
Pam Martin of Upper Keys O.F.F. and Ozzie Brewer
addressed the Board. Motion was made by Commissioner
Stormont and seconded by Commissioner Fahrer to change to MU
that parcel of land on the south side of Industrial Drive
from Catherine Drive to U.S. 1. Roll call vote was unani-
mous. Tom Fout addressed the Board concerning a parcel of
land at Mile Marker 81. Fred Tittle, Mary Lin Johnson and
Al Beatty also addressed the Board. After discussion, Mayor
Harvey moved to make this area SC. Motion died for lack of
a second.
Motion was made by Mayor Harvey and seconded by
Commissioner Freeman to approve Islamorada - Planning Area
30. Motion carried unanimously.
Motion was made by Commissioner Swift and seconded
by Commissioner Freeman to accept Planner's recommendation
to change Location 160 from PL to SC. Motion carried unani-
mously.
Motion was made by Commissioner Stormont and
seconded by Commissioner Fahrer to approve Planner's recom-
mendation to change Locations 161 and 162 from SR to URM.
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Motion carried unanimously.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Swift to designate Estes Fishing Camp as SC.
Motion carried unanimously.
Motion was made by Commissioner Swift and seconded
by Commissioner Freeman to designate Location 163 as SC.
Motion carried unanimously.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Swift to accept Planner's recommendation to
change Location 164 from SS to SR. Motion carried unani-
mously.
Motion was made by Commissioner Swift that the
eight acres along the highway where Ocean View Motel sits be
designated SC. Motion died for lack of a second. Ty
Symroski and Fred Tittle addressed the Board. Motion was
made by Commissioner Swift and seconded by Commissioner
Freeman that the highway frontage now disturbed, as spe-
cified by the Consultant, be designated as SC and the
remainder as SR. Fay Buchanan, representing the owner of
the Ocean View Motel property, addressed the Board. Roll
call vote was unanimous.
Pam Martin of Upper Keys O.F.F. addressed the
Board. Motion was made by Commissioner Swift and seconded
by Mayor Harvey to accept Planner's recommendation that
Richmond Landing on Snake Creek be designated as CFV. Roll
call vote was taken with the following results:
Commissioner
Commissioner
Commissioner
Commissioner
Mayor Harvey
Motion carried.
Fahrer
No
Freeman
Yes
Stormont
No
Swift
Yes
Yes
Motion was made by Commissioner Freeman and
seconded by Commissioner Stormont to accept Planner's recom-
mendation to change Location 170 from SR to PL. Roll call
vote was unanimous.
Motion was made by Commissioner Freeman and
seconded by Commissioner Stormont to accept Planner's recom-
mendation to change Locations 171, 172, 173 and 174 to URM.
Motion carried unanimously.
Motion was made by Commissioner Swift and seconded
by Commissioner Freeman to approve Planner's recommendation
on Locations 175 and 176. During discussion, motion was
withdrawn.
Motion was madde by Commissioner Swift and seconded
by Commissioner Stormont to approve Planner's recommen-
dation to change Location 176 from MU to LI. Motion carried
unanimously.
Motion was made by Commissioner Swift and seconded
by Mayor Harvey to accept Planner's recommendation to change
Location 176 from MU to LI. During discussion, motion was
withdrawn. Pam Martin of Upper Keys O.F.F. addressed the
Board. No further action was taken.
Motion was made by Commissioner Freeman and
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seconded by Commissioner Stormont to designate the area from
Plantation Shores Subdivisin to Coral Harbor Club SS instead
of SR. Motion carried unanimously. Ed Kloski addressed the
Board.
Motion was made by Commissioner Swift and seconded
by Commissioner Freeman to accept the recommendation of the
Planner to designate MU for Treasure Harbor. During
discussion, motion was withdrawn. Motion was made by
Commissioner Fahrer and seconded by Mayor Harvey to leave
Treasure Harbor as PL except that McKee's Museum, the
sailboat rental building and Ragged Edge be designated SC.
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 then made by Commissioner
Stormont and seconded by Commissioner Swift to leave
Treasure Harbor as PL except that McKee's Museum, the
sailboat rental building, Ragged Edge and the entire fron-
tage of approximately 400 feet in front of Treasure Harbor
be designated SC. Roll call vote was taken with the
following results:
Commissioner
Commissioner
Commissioner
Commissioner
Mayor Harvey
Motion carried.
Fahrer
No
Freeman
Yes
Stormont
Yes
Swift
Yes
Yes
Motion was made by Commissioner Swift and seconded
by Commissioner Stormont that the area between U.S. 1 and
the old highway, for the length of Plantation Key to Coral
Shores High School, be designated SC -SPA with scenic corri-
dor intent. Tom Fout and Charles Mohrbacher addressed the
Board. Roll call vote was unanimous.
Pam Martin of Upper Keys O.F.F. addressed the
Board.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Freeman to designate as MU the area from
Bessie Road to Plantation Drive along old U.S. 1. Motion
carried unanimously.
Pam Martin of Upper Keys O.F.F. and Herb Hudson
addressed the Board. Motion was made by Commissioner
Freeman and seconded by Commissioner Fahrer that the pro-
perty in Venetian Shores along the Bay side of U.S. 1
beginning at Venetian Boulevard be changed from SC to MU.
Motion carried unanimously.
Clayton Whitehouse addressed the Board. Motion
was made by Commissioner Freeman and seconded by Mayor
Harvey that the property that is currently shown as BU-2
just north of the San Pedro Mobile Home Park be changed to
SC. Motion carried unanimously.
Jane Morgan addressed the Board concerning Location
182 and was directed to submit to the Planning Department a
revised plat so that the Planner would be in a position to
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define the exact location on the Map. After discussion,
motion was made by Commissioner Swift and seconded by
Commissioner Fahrer to designate Location 182 PL. Roll call
vote was unanimous.
Motion was made by Commissioner Fahrer that the
Hammock Area adjoining Tavernier Towne on the south side
that is presently designated UR be changed to NA. Motion
died for lack of a second. Motion was made by Commissioner
Swift and seconded by Commissioner Freeman to accept the
Planner's recommendation that the Hammock Area adjoining
Tavernier Towne on the south side remain UR as presently
designated. Arlene Reiser addressed the Board. Roll call
vote was taken with the following results:
Commissioner
Commissioner
Commissioner
Commissioner
Mayor Harvey
Motion carried.
Fahrer
No
Freeman
Yes
Stormont
No
Swift
Yes
Yes
Bill Cullen addressed the Board concerning Location
200. Al Beatty and Fred Tittle also addressed the Board.
After discussion, motion was made by Commissioner Freeman
and seconded by Commissioner Stormont to re -designate to SC,
per Planner's recommendation, the land from Ocean Bay Drive
intersection of U.S. 1 south to Thurmond Street. Roll call
vote was unanimous.
Mike Barr addressed the Board concerning a thirty-
five acre tract of land in the Hammock Area north of Harris
Ocean Park. Motion was made by Commissioner Swift and
seconded by Commissioner Freeman that the Hammock Area north
of Harris Ocean Park be changed from NA to SR per the
Planner's recommendation. The Planner advised the Board
that the designation of this Hammock Area as NA was an error
on his part. Roll call vote was taken with the following
results:
Commissioner
Fahrer
No
Commissioner
Freeman
Yes
Commissioner
Stormont
No
Commissioner
Swift
Yes
Mayor Harvey
No
Motion failed. Motion was made by Commissioner Fahrer and
seconded by Commissioner Freeman for the area to remain NA
as presently designated. Motion carried unanimously with
Commissioner Swift voting No. The daughter of the owner of
the thirty-five acre tract of land addressed the Board.
Motion was made by Commissioner Swift and seconded by
Commissioner Freeman that all the SR land surrounding
this Hammock Area that has the same status as this Hammock
Area be made NA. During discussion, motion was withdrawn.
Norma Star addressed the Board concerning Tract 13
consisting of 2112 acres next to Tamarind Cove in Area 38.
Motion was made by Commissioner Stormont and seconded by
Commissioner Fahrer to extend the SC designation north of
Tamarind Bay -Tamarind Cove to the Bay. During discussion,
motion was withdrawn. Motion was made by Commissioner
Stormont and seconded by Commissioner Fahrer that the area
extending from the SC to the north of Tamarind Bay/Tamarind
Cove to the water be designated SR. Roll call vote was una-
nimous.
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Ray Wingo addressed the Board concerning Location
216. After discussion, motion was made by Commissioner
Fahrer and seconded by Commissioner Stormont to accept the
Planner's recommendation that the entire L-shaped parcel be
changed to UR. Fred Tittle, Al Beatty and Sue Roberts
addressed the Board. Motion was withdrawn. Motion was
made by Commissioner Fahrer and seconded by Commissioner
Stormont to accept the Planner's recommendation that the
entire L-shaped parcel on Location 216 be changed to UR and
that the entire area be made an SPA concerning access.
After further discussion, motion was withdrawn.
Shirley Larsen addressed the Board.
Motion was made by Commissioner Freeman and
seconded by Commissioner Stormont to adjourn the meeting.
Motion carried unanimously.