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06/28/1985 PublicDD 0'70 Public Hearing/Special Meeting Board of County Commissioners Friday, June 28, 1985 Key West A special meeting of the Board of County Commissioners convened at 7:10 p.m. on the above date in Courtroom B 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 Danny L. Kolhage, Clerk; Lucien Proby, County Attorney; Robert Wolfe, Assistant County Attorney; Wendy Larsen and Charles Siemon, Planning Consultants; County staff; members of the Press and Radio; and the general public. The County Attorney presented a Resolution and a proposed Contract between Monroe County and the firm of Siemon, Larsen & Purdy for the purpose of passing through funds received by Monroe County from DCA for the purpose of the Habitat Conservation Study. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to postpone consideration of this matter until the regular meeting on July 2nd. Motion carried unanimously. Mr. Paterno, owner of Sunshine Key, discussed the change in the designation of the south side of Sunshine Key. This matter was referred to the Consultants to confer with Mr. Paterno. The Board then discussed Platted Lots. Motion was made by Mayor Harvey and seconded by Commissioner Freeman that any subdivision in which homes are built with electri- city, that lots in that same subdivision would be considered "buildable" lots. During discussion, motion was withdrawn. Kieran J. Mahoney spoke. Janet Bunche addressed the Board concerning the vegetation requirements of the Plan and submitted a list of plants and criteria for landscaping. Jim Hendrick addressed the Board. Motion was made by Commissioner Swift and seconded by Mayor Harvey to amend Section B on Page 127 of the Land Use Plan to provide that "Sale of goods and services including food be limited to that required to serve the needs of campers using the facility." Roll call vote was unanimous. The Consultants advised the Board that Item 3(c) on Page 127 would be deleted as it is a scrivenor's error. The Board addressed the Open Space requirements on Pages 186 and 187. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to change the Open Space Ratio for salt marsh and buttonwood associations from .90 to .85, high hammock (high quality) from .90 to .80, low hammock (high quality) from .90 to .80, and pinelands (high quality) from .90 to .80. Roll call vote was taken with the following results: DD 0'71 Commissioner Fahrer No Commissioner Freeman Yes Commissioner Stormont No Commissioner Swift Yes Mayor Harvey Yes Motion carried. Gene Lytton, Katha Sheehan, Pat Doerr and Waldo W. Leisner addressed the Board. Motion was made by Mayor Harvey and seconded by Commissioner Swift that a 95 MPH windload factor be required for mobile homes in lieu of the requirements of the Southern Standard Building Code (135 MPH) according to the HUD national standards. During discussion, Mary Lin Johnson and John Sanclimente addressed the Board concerning this item. Motion was made by Commissioner Fahrer to amend the motion to ask DCA to push for new criteria for manufactured housing in the Florida Keys and also that Monroe County would respond to the higher requirements. Motion died for lack of a second. Roll call vote on the original 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 made by Mayor Harvey and seconded by Commissioner Freeman to amend the trailer tie -down minimum to be 2,000 pounds. Roll call vote was taken with the following results: Commissioner Fahrer No Commissioner Freeman Yes Commissioner Stormont No Commissioner Swift No Mayor Harvey Yes Motion failed. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to allow existing mobile homes to remain at the 2,000-pound tie -down requirement and that all new mobile homes must meet the 4,800-pound criteria. 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. The Board also directed the Consultants to obtain information for the County Commission concerning the practical requirements involved in attaining a 4,800-pound tie -down criteria. Stanley Becker addressed the Board for Alain DePierrefeu. Motion was made by Commissioner Swift and seconded by Mayor Harvey to designate the buildable area along Niles DD. _ 072 Road on Summerland Key, not to extend more than 200 feet back from the road, as SS. 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 Swift and seconded by Mayor Harvey that the Planners and the Planning Staff, in cooperation with the Florida Keys Community College, develop a test in the areas of habitat conservation and biology spe- cific to Monroe County for the purpose of certifying and qualifying professional biologists under the provisions of the Land Use Plan. Roll call vote was unanimous. Sandy Barrett addressed the Board. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to delete Section 10-213(C)2)(c). Roll call vote was unanimous with Commissioner Stormont not present. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer that RV sites be allowed up to 1,000 square feet of commercial area designed to serve the needs of the parks. Roll call vote was unanimous. Kieran Mahoney addressed the Board concerning Planning Area 9 and the Julian Tract. This matter was referred to the Consultants to be considered later in the meeting. Sue Abbott, Patricia and Benoit Grenier, Diane Bair, and Cleare Filer addressed the Board. Mr. Filer addressed the improvement guarantees under Sec. 6-405(B). Charles Siemon advised Mr. Filer that the section would not operate, if no water distribution system or main extension is contemplated in a development, and no bond would be required under the provisions of this section. Mr. Filer discussed the clearing for surveys. Motion was made by Commissioner Swift and seconded by Commissioner Freeman that the existing Code requirements concerning the clearing for survey purposes be included in Volume II in Sec. 7-101. Roll call vote was unanimous. Mr. Filer then discussed minimum depth require- ments. Motion was made by Commissioner Swift and seconded by Mayor Harvey to amend the 4' minimum depth requirement in Volume II of the Plan to 2112' minimum depth for single-family residential areas. 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. DD 0'73 Mary Sukup addressed the Board. Motion was made by Commissioner Swift to designate the area on the seaward edge of Dolphin Harbor Estates in Big Spanish Cove to SS. During discussion, motion was withdrawn. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to allow for footpath nature trails in accordance with the existing Code. Roll call vote was unanimous. Al Fried addressed the Board. During discussion, motion was made by Commissioner Swift and seconded by Mayor Harvey to establish 40% as the diminution of value breakthrough criteria and to amend all of Sec. 9-202 making reference to 25% to reflect 40% and also to amend Sec. C(3)(a) to provide for compensation in the form of legal tender. 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 Fahrer to reconsider the previous action of the Board. Motion died for lack of a second. Bill Moore of O.F.F. addressed the Board. The Board agreed that the issue of zoning on the northern edge of Cupon Bight would be resolved after submit- tal of the Draft Plan to DCA. Al Damron and Robert Lohlein addressed the Board. Commissioner Fahrer discussed modifications for institutional uses. Motion was made by Mayor Harvey and seconded by Commissioner Swift to delete the three-year inspection of septic tanks requirement in Volume V, Sec. 10-503(A)(3). 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 Fahrer and seconded by Mayor Harvey to amend Sec. 10-118 on Page 108 by adding the word ", institutional" after the word "residential". Motion carried unanimously with Commissioner Freeman not present. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to amend Sec. 10-217 in Paragraph A.8 on Page 132 by adding the words "and accessory residential uses involving less than ten (10) dwelling units or rooms". Motion carried unanimously with Commissioner Freeman not present. Motion was made by Commissioner Fahrer and seconded DD- - 074 by Commissioner Stormont to amend Sec. 10-305 in Paragraph C on Page 105 by adding the words "or to an institutional use in a Mixed -Use District" after the words "Recreational Vehicle District". Earl Gallop addressed the Board con- cerning this item. Roll call vote was unanimous. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to amend Sec. 10-306 in Paragraph C by adding the words "used for institutional purposes in a Mixed -Use District and lands" in the third sentence following the word "land". Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to amend Sec. 10-307 on Page 152 below "Inst. Resid." by adding the new category "Inst. 5.0, 20.011. Motion carried unanimously. Mayor Harvey discussed the treatment of Platted Lots and had the following recommendations to make in order to assure that owners of recorded lots do not lose their right to build: 1. Amend definition of "Platted Lot" (Item P-7)(P. 19) by adding: " ..or any subdivisin which has been recorded in the Public Records of Monroe County, Florida for a period of at least five years prior to the effective date of this." 2. Amend Sectin 10-303(c) (P. 148) "Platted Lands" by deleting last word ("and") and adding: "...or is a Platted Lot which (a) has available potable water meeting the requirements of Section 10-502(c); (b) has access to a public street via a public or private road or access easement; and (c) is located in a subdivision having electric service." This is needed, especially for those subdivisions which weren't formally platted. No action was taken. The Clerk advised the Board of some problems that he had with Sec. 6-401 concerning the certification and expunging of plats. After discussion, the Planners agreed to modify Sec. 6-401(D) to add the words "by the Board of County Commissioners" following the word "approved" in the second line and to eliminate entirely the last sentence in that paragraph. The Clerk also requested that some reference be made in this section to the requirement that all plats to be filed in the Public Records of Monroe County must meet the criteria as set forth in Chapter 177 of the Florida Statutes. Commissioner Swift then discussed several items concerning the Plan. Motion was made by Commissioner Swift and seconded by Commissioner Freeman that the references to Level C in the Traffic criteria in the Plan be changed to Level D on an annual average basis. Roll call vote was taken with the DD 075 following results: Commissioner Fahrer No Commissioner Freeman Yes Commissioner Stormont No Commissioner Swift Yes Mayor Harvey Yes. Motioncarried. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to authorize temporary signs for political signs during the election period plus ten days following that period for purposes of removal, for charities for a period of thirty days, and on property of a person selling their own home. 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 Swift and seconded by Mayor Harvey that low and moderate cost housing be allowed to go to the 44' height with three floors over parking. 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 crried. Motion was made by Commissioner Swift and seconded by Mayor Harvey to allow a 44' height in all DR categories with 100' setback requirement from the highway and from water frontage. Roll call vote was taken with the following results: Commissioner Fahrer No Commissioner Freeman No Commissioner Stormont No Commissioner Swift No Mayor Harvey No Motion failed. Commissioner Swift then read a proposed Resolution which he will present for approval prior to the vote to transmit the Draft Plan to DCA on July 2nd which will pro- vide for an additional 1¢ sales tax; an additional 2¢ tourist related tax; an increase in the documentary stamp tax; a per person surtax on State parks and recreation areas; a $50,000,000.00 State appropriation as payments -in - lieu to Monroe County; the establishment of a $150,000,000.00 Florida Keys Conservation Fund for the purpose of acquiring properties rendered useless by the Plan; and a toll on U. S. 1 for the purpose of improvements to U. S. 1. This matter was referred to the County Attorney for the prepara- tion of the appropriate Resolution to be considered on July 2nd. DD 0'76 Motion was made by Commissioner Swift and seconded by Mayor Harvey to amend the Existing Conditions Map to reflect two filled pads of approximately 750' x 200' and a connecting roadway as "Disturbed" in Planning Area 9 known as the Julian Tract. Motion carried unanimously. Pam Martin of Upper Keys O.F.F. addressed the Board. There being no further business, the meeting was adjourned.