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06/19/1985 RegularDD 039 Regular Meeting Board of County Commissioners Wednesday, June 19, 1985 Key Colony Beach/Marathon A regular meeting of the Board of County Commissioners convened on the above date at Key Colony Beach. Present and answering to roll call were Commissioner Alison Fahrer, Commissioner William Freeman, Commissioner John Stormont, and Mayor Wilhelmina Harvey. Absent from the meeting was Commissioner Ed Swift. Also present were Kermit Lewin, County Administrator; Lucien Proby, County Attorney; Rosalie Simmons, Deputy Clerk; County staff; members of the Press and Radio; and the general public. All stood for the Invocation and Pledge of Allegiance to the Flag. BOARD OF APPEALS The Board of County Commissioners sat as the Board of Appeals. Present were Commissioners Fahrer, Freeman and Swift, and Mayor Harvey. Absent from the meeting was Commissioner Ed Swift. Also present were Kermit Lewin, County Administrator; Lucien Proby, County Attorney; Rosalie Simmons, Deputy Clerk; County staff; members of the Press and Radio; and the general public. Mr. Fred Tittle, attorney representing The First National Bank of South Miami, Trustee, addressed the Board concerning their appeal and requested a postponement until the next Board of Appeals meeting. He advised that it was to the best interest of his client to have a full Board available. Motion was made by Commissioner Freeman and seconded by Mayor Harvey that the appeal of The First National Bank of South Miami, Trustee, be postponed until the next Board of Appeals meeting or sooner. The Chair then directed the County Administrator to try to contact Commissioner Swift by telephone to see what time he would be arriving at the meeting. Fred Tittle addressed the Board. Terri Jusko addressed the Board in opposition to The First National Bank of South Miami. Motion was made by Mayor Harvey and seconded by Commissioner Fahrer to postpone the previous motion. Motion carried unanimously. Mr. David Paul Horan, attorney representing John T. Trekell and James E. Hood, addressed the Board concerning their appeal filed pursuant to the Monroe County Zoning Board's action on January 30, 1985 in denying a Special Use Approval on Lot 3, Block 4 of Silver Shores Estates, as recorded in Plat Book 4, Page 111, and located in Section 30, Township 66 South, Range 29 East; Ramrod Key; for an access driveway. Motion was made by Commissioner Freeman and seconded by Mayor Harvey to adopt the following Resolution reversing the decision of the Zoning Board of Monroe County, Florida, without prejudice, and approving the request of John T. Trekell and James E. Hood to reverse the decision of the Zoning Board of Monroe County, Florida denying a special use approval for an access driveway on Ramrod Key. RESOLUTION NO. 176-1985 See Res. Book No. 44 which is incorporated herein by reference. DD 040 After lengthy discussion, roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Freeman Yes Commissioner Stormont No Mayor Harvey Yes Motion carried. The Board proceeded with the next item on the Agenda which was an appeal filed by Conrad Grill pursuant to the Monroe County Board of Adjustment action on March 1, 1985 in dismissing an Administrative Appeal for the Board to reverse the decision of the Building Director in voiding Permit #C-13198 for Lot 10, Block 5, Harbor Shores, Key Largo. Jeff Gautier, attorney for Mr. Grill, addressed the Board. Mr. and Mrs. Grill also addressed the Board. Motion was made by Mayor Harvey and seconded by Commissioner Freeman to reverse the Board of Adjustment and show that wrong information was contained in the County's letter to Conrad Grill. During discussion, motion was withdrawn. Motion was made by Mayor Harvey and seconded by Commissioner Freeman to adopt the following Resolution to affirm the action of the Board of Adjustment; refer back to the County Administrator to reinstate the Permit, if the evidence so warrants; and issue a report back to the Board. Roll call vote was unanimous. RESOLUTION NO. 177-1985 See Res. Book No. 44 which is incorporated herein by reference. The Board was advised that Commissioner Swift would not be able to attend the meeting until 1:30 p.m. After discussion, Fred Tittle, attorney representing The First National Bank of South Miami, Trustee, and Jim Hendrick, attorney representing the opponents, both addressed the Board and waived any impropriety in having their appeal postponed until 1:30 p.m. and having such hearing at the Marathon Subcourthouse. The Board recessed. The Board reconvened at 1:30 p.m. in the Marathon Subcourthouse with all Commissioners present. The Board entered into a discussion concerning the Land Use Plan. Commissioner Fahrer advised that data was being gathered on the commercial fishing industry. Charles Siemon, Planning Consultant, addressed the Board and recom- mended that they set the commercial fishing issue aside as it is right now and transmit the Draft Plan without going further into commercial fishing; that a discreet task force be appointed by the Commission to work with the staff and the new data that was being acquired; and that this area of the Plan be transmitted at a later date. The Chair questioned whether the State would accept the Draft Plan if it was incomplete at the time of transmittal and Mr. Siemon advised the Board that he had informed Dr. DeGrove of this recommendation he was making to the Board and Dr. DeGrove advised that he hoped the general transmittal would not be delayed. Charles Pattison was asked for his feelings in the DD 041 matter. Mr. Pattison advised that he felt it would be dif- ficult for the various agencies to do their job without full information and he urged that the bulk of the Plan be transmitted on schedule if at all possible. The Commissioners discussed occupational license status and home occupation possibilities for commercial fishing. The matter was deferred until after the scheduled continuation of the Board of Appeals. BOARD OF APPEALS The Board of County Commissioners sat as the Board of Appeals. Present were Commissioners Fahrer, Freeman, Stormont and Swift, and Mayor Harvey. Also present were Kermit Lewin, County Administrator; Lucien Proby, County Attorney; Rosalie Simmons, Deputy Clerk; County staff; mem- bers of the Press and Radio; and the general public. Mr. Fred Tittle, attorney representing The First National Bank of South Miami, Trustee, addressed the Board concerning the appeal filed pursuant to the Monroe County Zoning Board's action on February 28, 1985 in denying a zoning change on a portion of the part of Lot 42 lying Northerly of the former Florida East Coast Railway as shown on the Model Land Company Plat (Surveyed by P. F. Jenkins) and recorded in Plat Book 1 at Page 68, said parcel also being shown on plat of Buttonwood Shores, Plat Book 3, Page 3 of said Public Records as "This Tract Is Not A Part Of The Plat;" said property located in Section 28, Township 61 South, Range 39 East, Key Largo; located on U. S. Highway #1 and East Shore Drive. Commissioner Stormont advised the Board of a possible potential conflict of interest in this matter. After discussion, the County Attorney advised the Commissioner that if his conscience was clear, he could vote on th-e matter. Mr. Tittle proceeded with his address to the Board. James Hendrick, attorney representing the opponents, then addressed the Board. Mr. Tittle spoke in rebuttal. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to uphold the Zoning Board decision as being without error. James Lawson and Terri Jusko addressed the Board. After discussion, motion was withdrawn. Motion was then made by Commissioner Swift and seconded by Commissioner Fahrer to remand this matter to the Zoning Board and adopt the necessary following Resolution. RESOLUTION NO. 178-1985 See Res. Book No. 44 which is incorporated herein by reference. 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 There being no further business, the meeting of the Board of Appeals was adjourned. The Board of County Commissioners reconvened at DD 042 3:15 p.m. with all Commissioners present. Also present were Lucien Proby, County Attorney; Rosalie Simmons, Deputy Clerk; Charles Siemon and Wendy Larsen, Planning Consultants; County Staff; 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, Betty Bullock, Bob Ernst, Bill Westray, Bill Moore, Sandy Barrett. The Board then entered into a discussion of Chapter 3 - Definitions - beginning on Page 6 of the revised draft of the Land Use Plan. Sandy Barrett, Charles Siemon, Bob Ernst, Bob Dennis of DCA, and Fred Tittle addressed the Board con- cerning Definition B-3, BEACH BERM. After discussion, motion was made by Commissioner Swift and seconded by Commissioner Fahrer to place a small picture in the appropriate spot in Volume I so that there visually is an absolute clarity in the definition. Motion carried unani- mously. Al Fried addressed the Board concerning Definition A-4, AGRICULTURE. Mr. Siemon advised that "victory gardens" would be permitted but tomato farming would not. The Board discussed Definition C-6, COMMERICAL FISHING. Motion was made by Commissioner Swift and seconded by Mayor Harvey to add the word "or" before the word "packaging" in the second line and to add "/or" after the word "and" and before the words "the storage" in the third line. Motion carried unanimously. Charles Mohrbach, Fred Tittle and Bill Moore addressed the Board. Sandy Barrett addressed the Board concerning Definition C-1, CACTUS HAMMOCKS. Motion was made by Commissioner Fahrer and seconded by Mayor Harvey to insert the words "and Tree Cactus (Cereus Robinii) before the words "are extremely" in the last line. Motion carried una- nimously. Bob Dennis addressed the Board. Bill Westray addressed the Board concerning Definition B-7, BUILDING. Motion was made by Mayor Harvey and seconded by Commissioner Swift to add the word "storage" after the word "agricultural" in the third line. Motion carried unanimously. Charles Siemon advised the Board that the word "part" in the second line of Definition D-2, DENSITY, MAXIMUM NET, should be changed to "area". Mr. Siemon advised the Board that in Item (a)(6) of Definition D-5, DEVELOPMENT, the word "significant" should be underscored. In accordance with Mr. Siemon's recommendation con- cerning Definition S-15, STRUCTURE, the Board agreed unani- mously to add the words "roads, walkways, paths" after the word "includes" and before the word "fences" in the sixth line. The Board unanimously agreed to change the title of Definition D-6 so that it now reads "DEVELOPMENT APPROVAL, DEVELOPMENT PERMIT OR DEVELOPMENT ORDER". Al Fried addressed the Board concerning Item (c)(1) of Definition D-5, DEVELOPMENT. After lengthy discussion, DD 043 Mr. Siemon requested the Board to delay this item until later in the meeting. The Board entered into a discussion concerning Definition F-1, FAMILY. The Board unanimously agreed to delete this Definition F-1. The Board also unanimously agreed that the word "detached" will be substituted for "single-family" everywhere it appears on Page 150. Upon the advice of Mr. Siemon, motion was made by Commissioner Swift and seconded by Commissioner Freeman to insert a new subparagraph (c)(2) that would read as follows: "Work involving the maintenance of existing landscaped areas such as yards and other non -natural planning areas" and re- number the remaining subparagraphs as (3), (4) and (5). Motion carried unanimously. After discussion of Definition F-9, FRESHWATER WETLANDS, motion was made by Commissioner Swift and seconded by Mayor Harvey to accept Planner's recommendation to delete the word "either" before the word "fresh" in the third line; to delete the words "or of very low salinity" after the word "fresh" in the third line; and delete the words "but not limited to" in the fourth line. Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Mayor Harvey to add the words "or provide" after the word "built" in the first line of Definition E-1, EMPLOYEE HOUSING. Motion carried unanimously. The Board unanimously agreed to add Definition G-3, GROSS ACRE at the top of Page 13 and number the Definition for GROSS AREA as G-4. The Board entered into a discussion concerning Definition H-4, HIGH HAMMOCK. Motion was made by Commissioner Swift and seconded by Mayor Harvey to add five species of plants representative of the Lower Keys. Motion carried unanimously. Motion was also made by Commissioner Fahrer and seconded by Mayor Harvey to delete the last sen- tence on Page 13. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to add a new Definition H-5(a), HOME OCCUPATION CF that would authorize commerical fishing per- sons to dock their boats at their residences, that would permit the off-loading of catch with non -mechanical means, and that would allow the storage of not more than ten traps that are screened from adjacent residential properties. Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to direct the Planners to incor- porate into Definition H-5, HOME OCCUPATION, the standards that are in the existing Code. Motion carried unanimously. The Board entered into a discussion concerning Definition H-6, HOTEL. The Board unanimously agreed to - delete the words "each having a private bathroom" after the words "individual rooms". The Board discussed Definition L-5, LIVE -ABOARD VESSEL. No action was taken. Motion was made by Commissioner Swift and seconded by Mayor Harvey to add the word "processing," after the word "packaging" and before the word "fabrication" in Definition DD 044 I-1, INDUSTRIAL USE. Motion carried unanimously. The Board unanimously agreed to delete the first sentence at the top of Page 16. Motion was made by Commissioner Stormont and seconded by Mayor Harvey to add a new Definition N-5 to read as follows: "NON -CONFORMING SIGNS - See Section 8-106."; to re -number the remaining Subparagraphs as N-6, N-7 and N-8; and to remove the words "other than a sign," in the second line of Definition N-7, NONCONFORMING USE. Motion carried unanimously. The Board entered into a discussion concerning Definition 0-3, OPEN SPACE. Motion was made by Commissioner Swift and seconded by Mayor Harvey to delete the word "unimproved" and to insert the words "unpavedpermeable" be o the word "driveways" in the fourth line at the top of Page 18. Motion carried unanimously with Commissioner Stormont voting No. Motion was made by Mayor Harvey and seconded by Commissioner Stormont to add the word "Native" before the word "Palm" in the second line of Definition P-2, PALM HAMMOCK. Motion carried unanimously. The Board unanimously agreed to add Saw Palmetto to the plant species listed under Definition P-4, PINELAND. The Board discussed Definition R-1, RECREATIONAL RENTAL USE. No action was taken. The Board entered into a discussion concerning Definition P-8, PUBLIC NOTICE OR DUE PUBLIC NOTICE. Motion was made by Commissioner Swift to delete this Definition. Motion was withdrawn. After discussion, motion was made by Commissioner Swift and seconded by Mayor Harvey to accept Planner's recommendation and delete Definition P-8. Motion carried unanimously. The Board discussed Definition S-2, SCARIFIED LAND. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to delete the words "has not or" after the word "land" in the third line; delete the words "capable of entering into" after the word "not" in the third line; and add the words "presently in" before the words "a suc- cessional" in the third line. Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to delete the sentence beginning with the word "Depending" and ending with the word "regulations" in the second paragraph at the top of Page 20. Motion carried unanimously. After discussion, Mr. Siemon was requested to look further into Definition S-2, SCARIFIED LAND. The Board unanimously agreed to delete the word "embrace" from the fifth line of Definition S-4, SEWAGE DISPOSAL FACILITY, and add the word "include" after the word "shall". Motion was made by Commissioner Stormont and seconded by Mayor Harvey to add the words 11, or by local designation." at the end of Definition S-18, SUBSTANTIAL IMPROVEMENT. There being no further business, the meeting was adjourned.