Resolution 125-1990Pianning Department
RESOLUTION NO. 125-1990
A RESOLUTION.CONFIRMING THE ADMINISTRATIVE
BOUNDARY INTERPRETATION OF THE PLANNING
DIRECTOR IN LAND USE DISTRICT MAP BOUNDARY
INTERPRETATION NUMBER 50 BLOCK 3, LOT 14,
PINE KEY YACHT CLUB ESTATES
WHEREAS, the property described in the Planning Department
Report of November 27, 1989, Block 3, Lot 14, Pine Key Yacht
Club Estates, presently vacant, was zoned Single Family Residen-
tial District (RU-1) under the zoning code prior to September 15,
1986; and
WHEREAS, the current Land Use district boundaries were placed
in error with the adoption of the September 15, 1986 Land Develop-
ment Regulations, and.therefore the subsequent maps were also in
error, as they did not follow the previous demarcated residential
boundary;
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA THAT:
The administrative decision of the Planning Director in Land
Use District Map Boundary Interpretation Number 50 dated. November
27 , 1989, which recommends approval is hereby acknowledged and
found to be in conformance with the standards set forth in Section
9.5-3(m), Monroe County Code, and therefore approved.
The Clerk of the Board is hereby directed to forward a certi-
fied coy of this resolution to the Florida Department of Communi-
ty Affairs.
PASSED,-,W ADOPTED by the Board of County Commissioners of Monroe
:1
County.;; Florida, at regular meeting of said Board held on the 13th
day of_:-Februag, A.D. , 1990.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By_
Mayor/Chairman
(SEAL)
Attest:D E+. ROT GE, Clerk
'&'Oe
Clerk�`
M E M O R A N D U M
*TO: Board of County Commissioners
FROM: Donald L. Craig, AICP, Assoc. AIA, Assistant County
Administrator for Growth Management Division
Department: Planning
SUBJECT: Boundary Determination for Pine Key Yacht Club
Estates, Block 3, Lot 14, Big Pine Key, Florida
DATE: November 27, 1989
MEETING DATE: January 2 & 3, 1990
PLANNER: Nancy Harvieux
BIOLOGIST: Dianna Stevenson
Previous Relevant Board Action:
Recommended Action:
/ / ( ) Referral: Yes No X
Commissioner's District:
It is recommended that the lot remain in the Native district. Based on
a site visit, the lot in question most closely fit the purpose and in-
tent of the Native land use district, and the character of the adjoining
lots.
Background:
Applicant has requested a change in the land use district on the refer-
ence lot from Native (NA) to Improved Subdivision (IS) to allow construc-
tion of a single family house. Presently the lot is vacant, and is
surrounded by lots characteristic to Native district. Lots 10 through
18, Block 3 were reviewed in connection with this request.
Findings of Fact:
1. Lot 14 has disturbed fill areas along two street sides. The interi-
or is undisturbed areas with buttonwood, poisonwood, black torch and
seagrape. The northern boundary consists scattered areas of
sawgrass.
2. Lots 12 and 13 consist of predominantly undisturbed low hammock con-
taining areas of dense sawgrass and freshwater wetlands. A pond is
in the center of lot 12.
3. All lots on Block 3 and 4 are vacant.
4. U.S. Army Corps of Engineers and the Florida Department of Environ-
mental Regulations claim jurisdiction over all the wetland lots in
the Native Area including lot 14.
5. Records show that the lot had been designated as Residential Use-1
(RU-1) prior to September 15, 1986, bounded by Business Use (BU).
The February 15, 1986 land use district maps show the lot as Native
(NA) bounded by Improved Subdivision (IS) to the north. On January
19, 1988 the land use district maps confirmed the Native (NA) desig-
nation.
Aerial maps show that the Native (NA) district is accurate, since
only the corners of the lot are disturbed. The character, intent
and purpose of the Native district best fits this lot, adjoining
lots which are also listed as Native.
Action by: Ordinance X Resolution
Citizens Committee Statement: Yes X No Attached
Alternatives: Not applicable.
Attached Documentation: X Yes No
1. Application and proof of payment
2. Letter from ACOE
3. Proposed Boundary Map
4. Current Land Use District Map
5. Aerial Photo
6. Zoning Pre -September 1986
7. Land Use District Map effective Feb.28, 1986 (Pattison)
8. Staff Reports (Planner & Biologist)
9. Correspondence
ap'
APPLICATION FOR LAND USE DISTRICT MAP DETERMINATION
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BLOCK -3 LOT(S)
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P. O. BOX 563
MARATHON, FL 33050 �� 9_UL 63-62801
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Pursuant to Section 9.5-24(a)(2)(h) of the Monroe County Code,
the boundaries of the Land Use District Map are Interpreted to be 1� 1
located as indicatedN
above and briefly described as: Extend IS
—boundary to include Lot 14, Block 3 of Pine Key Yacht Club
Estates as shown. I/
Director, Growth Management Date 1�200'
Sheet •2 -_ Key Big Pine Key -- BOCC Resolution
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Land Use District Maps
Monroe County, Florida
January 19,1988
Panel or Sheet# __ 344
Appl is ant: Westbrook .-_ _
Key : Big _Pine -------- —
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Land Use District Maps
Monroe County, Florida Ncoww
Approved by B. O. C. C. , February 2 8,19 8 6
Panel or Sheet# 8 of 21 File#
Applicant: Westbrook
Key: Big Pine Mlle Marker: 30
M E M O R A N D U M
To Donald Craig, Asst. County Administrator
From: Nancy Harvieux, Planner`Z�
Date: October 12, 1989
Re Boundary Determination for Block 3 Lot 14
Big Pine Key Yacht Club Estates, Big Pine Key, FL
Applicant: James/Christine Westbrook
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
BACKGROUND•
Applicant has requested a change in the land use district on
the reference lot from Native (NA) to Improved Subdivision (IS)
to allow construction of a single family house. Presently the
lot is vacant, and is surrounded by lots characteristic to Native
districts.
RECOMMENDATIONS•
I concur with the Biologist, Dianna Stevenson that the lot
remain in the Native district. Based on a site visit made Octo-
ber 5, 1989, the lot in question most closely fit the purpose and
intent of the Native land use district, and the character of the
adjoining lots. Review of the lot was done in the context of
adjoining lots.
ALTERNATIVES•
Not applicable.
FINDINGS OF FACT•
Pine Key Yacht Club Estates is shown platted in the County
Strip Maps, 21st Edition, 1986. Records show that the lot had
been designated as Residential Use -1 (RU-1) prior to September
15, 1986, bounded by Business Use (BU). The February 15, 1986
land use district maps show the lot as Native (NA) bounded by
Improved Subdivision to the north. On January 19, 1988 the land
use district maps confirmed the Native (NA) designation.
Aerial maps show that the Native (NA) district is accurate,
since only the corners of the lot are disturbed. The character,
intent and purpose of the Native district best fits this lot,
along with the adjoining lots which are also listed as Native.
e
M E M O R A N D U M
To George Garrett
Coordinator, Environmental Resources Division
From: Dianna Stevenson 1 S
Biologist, Environmental Resources Division
Date: June 28, 1989
Re Block 3, Lot 14, Pine Key Yacht Club Estates
Westbrook application for boundary determination
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Introduction:
The applicant has requested a boundary determination on the refer-
enced property. The property is presently located within the
Native Area (NA), as are lots 10, 11, 12, 13 to the north and
lots 15, 16, 17 and 18 to the east. The applicant feels that lot
14 should be changed to the Improved Subdivision (IS) land use
district so that a single family residence can be built.
Site Description:
Lot 14, Block 3 is a corner lot. The lot boundaries abutting the
streets are disturbed fill areas with scattered Brazilian pepper
and Australian pine. The interior of the lot consists of undis-
turbed areas with buttonwood, poisonwood, black torch, and
seagrape. The northern boundary contains scattered areas of saw
grass.
Lots 13 and 12 were also reviewed. Lot 13 is predominantly undis-
turbed low hammock habitat containing areas of dense sawgrass.
Bay cedar are present, but sparse. Going north into lot 12, the
habitat changes to predominantly freshwater wetlands. A pond
exists in the center lot 12.
Evaluation:
Lot 14, Block 3, although disturbed on the southern and western
boundaries, appears to more closely fit the purpose and intent of
the Native Area land use district, especially when the habitat of
adjacent lots 12 and 13 is taken into consideration.
Recommendation:
It is recommended that the Native Area boundary is correct and
that Lot 14, Block 3 should not be changed to Improved Subdivi-
sion.
CC: Jeanne DuBois
k
C
UNTY o MON ROE
r. L
KEY WEST 11DA 33040
1305) :94 4641
Department of Environmental
Debbie Charvat
11400 Overseas Highway
Marathon, FL 33050
t
.lune 28, 1989
Regulation
Re: Pine Key Yacht Club Estates
Block 3, Lot'14
Dear Ms. Charvat:
BOARD OF COUNTY COMMISSIONERS
Wilhelmina Harvey, District 1
Mayor Pro Tern Gene Lytton, District 2
Douglas Jones, District 3
MAYOR Mike Puto, District 4
John Stormont, District 5
Enclosed please find the biologist's report on the above cap-
tioned property. As she explained to you on the phone, the own-
er requested a boundary determination on the property. If DER
claims jurisdiction on the property, it would signify the wet-
land characteristics of the lot and result in a denial of the
request. ACOE has claimed jurisdiction.
Please send a memo to the attention of the Planning
for inclusion with the boundary determination report.
ary determination has been scheduled for July 18. The
for materials is July 7. Thank you for your time.
Sincerely,
�N
Jeanne DuBois
Planning Technician
encl
cc: file
Technician
The bound -
deadline
41,
CO
UNTY10"rDAON ROES
KEV WEST 33040
(305) 294 4641
Ms. Shirley Mart Benson
Lower Keys Realty, Inc.
PO Box 646
Big Pine Key, FL 33043
BOARD OF COUNTY COMMISSIONERS
Wilhelmina Harvey, District 1
Mayor Pro Tern Gene Lytton, District 2
Douglas Jones, District 3
MAYOR Mike Puto, District 4
UJohn Stormont, District 5
June 29, 1989
Re: Lots 12 and 13, Block 3, Pine Key Yacht Club Estates
Big Pine Key, FL
Dear Shirley:
The above captioned lots are in the Native Area (NA) land use
district. As you know, density in the NA district is allocated
per habitat type with a range of .2 per acre for freshwater wet-
lands to .5 for hammock and pinelands.
Lots 12 and 13 were reviewed by the biologist in connection with
a boundary determination request made by the owners of Lot 14,
Block 3. Enclosed please find a copy of the biologist's re-
port. The preliminary recommendation in the application for
boundary determination is for denial based on the habitat of
Lots 12 and 13, surrounding properties and on the jurisdictional
claims of DER and ACOE.
If you have any further questions, please contact a planning
technician, either Maria Pollman or Richard Dispenzieri. Tomor-
row is my last day in planning; it's been nice working with you!
Sincerely,
Jeanne DuBois
Planning Technician
cc: file
1
DEPARTMENT OF THE ARMY
MIAMI REGULATORY FIELD OFC., JACKSONVILLE DISTRICT. CORPS OF ENGINERS
P.O. BOX 520766
REPLY TO MIAMI. FLORIDA 33152-0766
ATTENTION OF
7 July 1989
Regulatory Section
Miami
89JF30068
Ms. Jeannie Du Bois
Monroe County Planning Department
5825 Junior College Road
Key West, Florida 33040
Dear Mr. DuBois:
Pursuant to on -site inspection of June 7, 1989, this is to inform you
that lots 12, 13 and 14, Block 3, Pine Key Yacht Club Estates, Big Pine Key,
Monroe County, Florida sustain a prevalence of buttonwood mangrove wetland
vegetation, adjacent to Coupon Bight. As such, a Department of the Army
permit will be required for the discharge of fill material associated with
construction on these lots.
When specific plans are developed, it is requested that you submit
them for Corps approval. A joint application is enclosed for your infor-
mation and use.
If you have any questions concerning this matter, please contact Mr.
Vic Anderson at Big Pine Key Field office at (305) 872-3205. Thank you
for your cooperation with our Regulatory program.
Sincerely,
Charles A. Schnepel
Chief, Regulatory Section