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06/25/1985 SpecialDID - 059 Public Hearing/Special Meeting Board of County Commissioners Tuesday, June 25, 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 Danny L. Kolhage, Clerk; Calvin Allen, Assistant County Attorney; Lane Kendig, Planning Consultant; 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: Ed Kloski, Dagny Johnson, Mary Lin Johnson, Bob Ernst, William Westray, Bill Moore, and Fred Tittle. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to approve Locations 150, 153 and 154 per Planner's recommendations. Motion carried unani- mously. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to approve Planner's recommendation to change Location 180 from SC to MU. Roll call vote was unanimous. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to approve Planner's recommendation to change Location 181 from SR to URM; to approve Planner's recommendation to change Location 183 from SR to URM; to approve Planner's recommendation to change Location 185 from SR to URM; and to approve Planner's recommendation to change Location 186 from SR to URM. Roll call vote was unanimous. Motion was made by Commissioner Stormont and seconded by Commissioner Fahrer to move the URM line at Blue Water Trailer Village to Burton Drive. Motion carried una- nimously. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to designate the Hammock Area referred to in Location 186 listed on Burton Drive to SR. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to approve Location 184 as SR. During discussion, motion was withdrawn. Commissioner Stormont, for the record, discussed the fact that the County Commission had as a general rule been in the process of making planning decisions without property owners' approval. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to approve the designation of the Felton Property on Key Largo as SS. Roll call vote was una- nimous. Motion was made by Commissioner Freeman and seconded by Commissioner Swift to approve the property south of the Felton Property as SR. Roll call vote was taken with the following results: DTI ' 060 Commissioner Fahrer No Commissioner Freeman Yes Commissioner Stormont No Commissioner Swift Yes Mayor Harvey Yes Motion carried. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to designate Seven Acres Subdivision to the PL category. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to accept Planner's recommendation to change the designation of Location 195 from NA to SR. Mike Barr of Key Largo and Judy Burke, representing Mr. Rose who is the owner of the property, addressed the Board. Ms. Burke advised the Board that the owner of the property had agreed to the change. Roll call vote was unanimous with Commissioner Stormont not present. Motion was made by Commissioner Freeman and seconded by Commissioner Fahrer to accept Planner's recom- mendation to change the designation of Location 196 from SR to SC. Motion carried unanimously. Motion was made by Commissioner Freeman and seconded by Commissioner Swift to accept Planner's recommen- dation to change the designation of Location 197 from NA to SR. 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. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to accept Planner's recommendation that Location 198 be designated as URM. Mr. George Eager addressed the Board. Roll call vote was unanimous. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to accept Planner's recommendation to change the designation of Location 201 from SC to LI. 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. Motin was made by Commissioner Stormont and seconded by Commissioner Fahrer directing the Planners to reconsider a more appropriate handling of Private Airport classifications. Motion carried unanmously. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to accept Planner's recommendation to designate Locations 202, 203 and 204 as SR, including a small parcel to the east of Location 203. Roll call vote was taken with the following results: DD- 061 Commissioner Fahrer Yes Commissioner Freeman Yes Commissioner Stormont No Commissioner Swift Yes Mayor Harvey Yes Motion carried. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to accept Planner's recommendation to change the designation of Location 205 from PL to NA. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Stormont to accept Planner's recommendation to change Location 219 from SR to SC(RV). Mr. George Eager addressed the Board concerning this matter. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to accept Planner's recommendation that Location 220 be designated as SC. Roll call vote was unanimous. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to accept Planner's recommendation that Location 221 be des„ignated as SC. Mike Barr of Key Largo addressed the Board. Motion carried unanimously with Commissioner Swift not present. Motion was made by Commissioner Stormont and seconded by Commissioner Fahrer to accept Planner's recom- mendation that Location 223 be designated as SC. Pat Larson addressed the Board. Motion carried unanimously with Commissioner Swift not present. Valeta LeGate addressed the Board concerning lots on the highway in Ocean Isle Estates Subdivision. Mike Barr addressed the Board concerning this same area. The Board advised Ms. LeGate to discuss this situation with the Planners. Motion was made by Commissioner Swift and seconded by Commissioner Stormont to change Paradise Point Subdivision on Key Largo to the PL status. Motion carried unanimously. Mr. David Block addressed the Board concerning Location 318 and requested that it be changed to the DR category. Motion was made by Commissioner Freeman and seconded by Commissioner Swift to designate the entire Block Property to the DR category. Roll call vote was unanimous with Commissioner Stormont not present. Motion was madde by Commissioner Swift and seconded by Commissioner Freeman to approve Planner's recommendation to change Location 230 from MU to SC. Motion carried unani- mously. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to accept Planner's recommendation to change Location 240 from SR to URM. Motion carried una- nimously. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to accept Planner's recommendation to change the designation of Location 250 from PL to SR. DD Q6? Fred Tittle, attorney representing Ocean Reef Club, Inc., addressed the Board concerning this matter. Commissioner Swift withdrew his motion. After further discussion, motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to accept Planner's recommendation to change the designation of Location 250 from PL to SR. Roll call vote was unanimous. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to designate Location 253 (Rifle Range property at Ocean Reef) as SS. Motion carried unani- mously. Motion was made by Commissioner Swift and seconded by Mayor Harvey to designate Location 252 (property north- west to entrance of Ocean Reef Club) as CFR. During discussion, the maker of the motion, Commissioner Swift, amended the motion to reflect a change to the DR category. Roll call vote was unanimous. Lane Kendig and Curtis Blair addressed some of the mapping in the Big Pine Key area. No action was taken. The Board recessed for lunch. The Board reconvened at 1:45 p.m. with all Commissioners present. Charles Siemon, Planning Consultant, is also present. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to consider Location 319 out of order. Motion carried unanimously. Mike Barr of Key Largo, representing the owners of this property, addressed the Board. Motion was made by Commissioner Fahrer and seconded by Mayor Harvey to approve the designation of property in Location 319 south of Morris Street and east of McDowell Canal to the PL status. Roll call vote was unanimous. Motion was made by Commissioner Swift and seconded by Mayor Harvey to discuss Planning Areas 40 and 41. Motion carried unanimously. Bud Post addressed the Board con- cerning several plats in the North Key Largo area which had all of the necessary improvements to meet the PL status according to the Plan, specifically Madiera Village. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to recognize Platted Lands in the North Key Largo area in the same manner as Platted Lands were handled in the rest of the County. Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to accept the Planner's recommendation and retain the NA status for the Missile Base Site in North Key Largo until receipt of report from the Habitat Conservation Protection Committee. Roll call vote was unanimous. Mr. Post then discussed his Major Development Project at Nichols Subdivision. The Board also at this time addressed the Vested Rights Procedure that would have to be followed in accor- dance with the proposed Plan. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to authorize the Planners to mail notices on July 8th giving DD . 063 owners of property twenty (20) days to submit further infor- mation to the County concerning claims of Vested Rights and also to provide that an additional twenty (20) days would be established for Staff to examine the material and prepare a recommendation to be considered by the Board of County Commissioners at a Public Meeting at 1:00 p.m. on August 21st at Key Colony Beach City Hall following the regularly scheduled Board of Appeals meeting on that date. Motion carried unanimously. Mr. West, representing JHT, Inc., addressed the Board. Mr. Bob Krieter discussed Key Largo Ocean Shores in Location 316. Motion was made by Commissioner Freeman and seconded by Commissioner Stormont to approve the designation of Location 316 as SR and also indicate that this area would also be reviewed at the Vested Rights hearings on August 21st. 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 retain the PL designation for Location 314. Roll call vote was unanimous. Citizen/adviser Ed Kloski discussed Planning Area M62 Mr. and Mrs. Spencer Slate discussed Planning Area 37 which was made up of lots in Ocean Isle Estates Subdivision fronting on U.S. 1. Motion was made by Mayor Harvey and seconded by Commissioner Freeman to designate the "Slate" Property, which includes an existing dive shop on U.S. 1 in Ocean Isle Estates Subdivision south of the intersection of State Road 905 on the ocean side, 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 Valeta LeGate also addressed the Board at this time concerning Planning Area 34. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to accept Planner's recommendation that Lots 14, 15 and 16 of Rae's Cuda Canal at Mile Marker 95 on U.S. 1 be designated in the PL category. Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Freeman Yes Commissioner Stormont Yes Commissioner Swift No Mayor Harvey No D �64 D Motion carried. Mr. George Eager, representing Sna Trading Company, discussed seven lots in Bl in Planning Areas 33 and 34. Motion was mad Fahrer and seconded by Commissioner Freeman Planner's recommendation and retain the PL lots sin Block 1 of Seaside Subdivision at Roll call vote was taken with the following Commissioner Fahrer Commissioner Freeman Commissioner Stormont Commissioner Swift Mayor Harvey Motion carried. pper Creek ock 1 of Seaside e by Commissioner to accept status of seven Mile Marker 94. r s u 1 t s : Yes Yes Yes No No Andy Tobin, attorney representing R. Clinton Construction Company, discussed Paradise Point Mobile Home Park in Seaside Subdivision. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to designate Paradise Point Mobile Home Park in Seaside Subdivision to the URM category. Motion carried unani- mously. Claire Erb discussed her realty office at Mile Marker 941/2. Motion was made by Mayor Harvey and seconded by Commissioner Freeman to designate the Erb Realty property at Mile Marker 941/2 to the SC category and also to direct the Planners to treat all similar properties in the immediate area accordingly. 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. Shirley Larson of Key Largo addressed the Board concerning the foregoing matter. Mr. Russell Setti, representing the Buccaneer Resort area and adjacent acreage in Marathon at Mile Marker 481/2, Planning Area 22, addressed the Board. Motion was made by Mayor Harvey and seconded by Commissioner Fahrer to designate the Buccaneer Resort area and surrounding vacant property to the DR status. Roll call vote was unanimous. Commissioner Fahrer discussed Lot 12, Bahia Shores, on No Name Key. No action. The Board considered Location 310. No action. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to designate Location 312 as DR. Roll call vote ws unanimous. The Board discussed the upcoming Public Hearings on the Land Use Plan. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont that the Board will transmit the best work document available at this time to DCA for their review and that the Board recognizes that the County does not have the full five documents available at this time for public review and presentation and also con- firming that the Board will conduct future Public Hearings DD 665 to give an opportunity for study general public. During discussi motion out of order, as it was t made by Commissioner Fahrer and Stormont to challenge the ruling vote on the motion to challenge following results: and explanation to the on, the Chairman ruled the oo abstract. Motion was seconded by Commissioner of the Chair. Roll call the Chair was taken with the Commissioner Fahrer Yes Commissioner Freeman Yes Commissioner Stormont Yes Commissioner Swift No Mayor Harvey No The motion to challenge was upheld and the original motion remained on the floor for consideration. 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. The Clerk advised the Board that in accordance with the action of the Board of County Commissioners on Friday, June 21st, he and the County Attorney had reviewed the bids received on the Tax Anticiption Notes and found that the apparent low bid from Southeast Bank was on a fluctuating rate basis associated with the prime interest rate and was therefore not responsive to the Call For Bids. Accordingly, the low bid on both of the Notes was from TIB (The Islamorada Bank) at 7.5%. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to accept the recommendation of the Clerk and the County Attorney to award the bids to TIB and also approving the following Resolutions and Tax Anticipation Notes for District #3 in the amount of $28,000.00 and District #6 in the amount of $88,000.00. Motion carried unanimously. RESOLUTION NO. 190-1985 RESOLUTION NO. 1911985 See Res. Book No. Bch its incorporated herein by reference. Mr. Clifford Cornell, owner of 2.5 acres of pro- perty south of Sunset Hammock at Mile Marker 94.5, Bayside, north of Seven Acres, addressed the Board and requested that a portin of the property which fronts on the highway be designated in the SC category in exchange for which he was willing to downgrade the zoning on the rest of the property to SS. After further discussion, motion was made by Commissioner Swift and seconded by Commissioner Fahrer to accept the recommendation of the Planner to retain the SR status of the 2.5 acres of property south of Sunset Hammock at Mile Marker 94.5, Bayside and north of Seven Acres. Roll call vote was unanimous. There being no further business, the meeting was adjourned.