Resolution 544-1989
RESOLUTION NO.
544 -1989
Planning Department
A RESOLUTION CONFIRMING THE ADMINISTRATIVE
BOUNDARY INTERPRETATION OF THE PLANNING
DIRECTOR IN LAND USE DISTRICT MAP BOUNDARY
INTERPRETATION NUMBER 44, Lots 33, 34 and
35, Long Beach Estates
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA THAT:
The administrative deci,sion of the Planning Director in
Land Use District Map Boundary Interpretation Number 44 dated
March 8, 1989,
which
recommends
approval
is
hereby
acknowledged and found to be in conformance with the standards
set forth in Sec. 9.5-3(m), Monroe County Code, and approved
The Clerk of the Board is hereby directed to forward a
certified copy of this resolution to the Florida Department of
Community Affairs.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 20th day of September, A.D., 1989.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By./J/I~#/J
Mayor/Chairman
(SEAL)
Attest :DANNX I... JrOUIAGE, Clerk
~~
BY
.! iJ t-l 0 \AI
8(: Zkl Z t 180 ott
-J\IJ
M E M 0 RAN DUM
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 lots 33, 34 & 35, Long
Beach Estates
DATE:
August 16, 1989
MEETING DATE: September 19, 1989
PLANNER:
Tim DuBose
BIOLOGIST:
Pat Mcneese
Previous Relevant Board Action: I I ( ) Referral:
Yes~
No
Commissioner's District:
On June 27, 1988, the Board of County Commissioners approved
an amendment to the Land Use District Maps to clearly desig-
nate lot 34 as Improved Subdivision (IS). At that time the
property's designation on the official Land Use District Maps
was not clear but was interpreted to be Native (NA). Since
the maps signed by Donald Craig have come into use, there is
now a gap of one lot (#33) as (NA) between the rest of the IS
lots and lot 34. Also, lot 35, the last in the row of lots,
is also left as NA (Attachment 1).
Recommended Action:
As shown on attachment 2, designate lot 33 and the upland
portion of lot 35 as IS. This will clarify that all the high
and dry lots north of Long Beach road with utilities avail-
able and able to meet the HRS guidelines are IS. Thus the
staff should be directed to delete the ISINA boundaries at
the property lines between lots 32 and 33, 33 and 34, and 34
and 35 and to add an IS/NA boundary between the filled and
the unfilled land on lot 35 as shown on the survey of lot 35
by Mr. John A. Petsche, dated December 9, 1988 (attachment 3).
Background:
Mr. Pedicini has requested to have his property lots 33,34 &
35 designated IS. The location is indicated on the aerial
photo (Attachment 4).
This vacant property was originally platted on January 27,
1961 and was located in the General Use (GU) zoning district
prior to September 15, 1986 (attachment 5).
The Land Use District Maps (Attachment 6) approved by the
Board of County Commissioners on February 28, 1986, effective
on September 15, 1986, and signed by Charles Pattison changed
the classification and this change appears to designate the
lots as Native Area (NA).
A change from NA to IS was granted for lot 34 on June 27,
1988.
Findings of Fact:
The Planning staff has prepared reports on the site (Attach-
ment 7).
1) Lots 33 and 34 are filled scarified properties dominated by
invasive exotic species. Lot 35 is partially filled with a
small spit of fill vegetated mainly with invasive exotics.
The remainder of lot 35 is submerged land and mangroves.
There is an exi sting access to thi s lot from Long Beach
Road. The entire shoreline around the fill spit would be
considered altered due to the absence of a transitional zone
and the deposit of a fill up to the shoreline.
2) The previous GU zoning district would have permitted single
family detached dwellings on each of the described lots.
3) The property may be adequately served by dedicated roads,
water (existing water line across street), and sewage dispos-
al.
4) Mr. Pedicini, owner of lot 35, has submitted a site plan and
demonstrated that a single family home could be placed within
the setbacks without variances to the bulk regulations. The
lots meet all the criteria for the purpose of the Improved
Subdivision (IS) district, Section 9.5-213, Supplement #33,
MCC.
5) The official Land Use District Maps signed by Charles
Pattison are imprecise and do not show any property lines.
6) Lot 33, and the filled area of lot 35, meet all of the crite-
ria for the IS land use district and none of the criteria for
the NA land use district.
7) Lot 33 and the filled area of lot 35 are not significantly
different from the adjacent lots designated IS.
8) Consequently the county would be in at error to interpret the
boundary of the Land Use District Maps as including these
lots in the NA district.
Action by:___Ordinance ~Resolution
Citizens Committee Statement: Yes~No____ Attached
Board Policy(ies) Applicable:
Planning Commission Action Taken:
N.A.
Yes
Date
x
Alternatives:N/A
Attached Documentation:~Yes___No
1. Recommended Land Use District Map
2. Current Land Use District Map. This shows the results of the
amendment adopted in June, 1988
3. Survey by Mr. John A. Petsche
4. Aerial Photo
5. Land Use District Map effective Sept. 15, 1986 (Pattison)
6. Staff Report ( Planner and Biologist)
7. Application (with proof of fee payment)
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Pur.....nt to Section 9.5-24(a)(2Hh) of the Monroe County Code,
the boundarlea of the Land u.se Ol.trlct Map are Interpreted to be N
located as Indicated above and briefly described a.:
Remove Boundaries between lots 32, 33, and 34. Add Boundary 1
as shown betweenlots 34 and 35. Designate lots 33, 34, and part
of lot 35 as IS.
Director, Growth Management
Sheet# 335 Key Big pine Key
Date
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Pursuant to Ordinance 039-1987 and Rule 9J-15.006 F.A.C.,
the Monroe County Land Use District Map is amended as of
June 27th.1988 and indicated above and briefly described as:
boundaries between lots 33&34,34&35 and aroullii
oundary South of lot 34.Desiqnate S.
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M E M 0 RAN DUM
Date: March 8, 1989
To Georqe Garrett, Coordinator, Environmental Resources Dept.
~ / i
From: Pat McNeese, Biologist, Environmental Resources Dept. 1/
Re Lot 35, Long Beach Estates :~ection Ai Pedicini--applica-
tion for boundary determination
INTRODUCTION
The applicant has requested a boundary determination on the refer-
enced property. The property is presently located wi tr in the
Native Area (NA) land use district, as are Lots 33 and 34 to the
west. Lot~ 32 is located within the Improved Subdivision (IS)
land use district. The applicant feels that Lot 35 should be
included within the IS land use district. This implies that the
NAilS boundary should be moved east to include Lot 35, thereby
automatically including Lots 33 and 34. For this reason, the
area including all thrae of these lots was reviewed to determine
if there has been an error in the location of the NA/IS boundary.
SITE DESCRIPTION
Lots 33 and 34 are filled scarified properties dominated by inva-
sive exotic species. There is a dredged channel along the shore-
1 ine. Lot 35 is partially filled with a small spit of fill.
This fill area is vegetated mainly with invasive exotics as with
tlle other lots. 'l'!1(! remainder of Lot 35 is submerged land dnd
:nanqroves. There is an eXl st.i ng access to this lot from Long
Beach Road, although it was recently widened (illegally) and
there 1S some question as to the \..ri<lth of the original access.
There is a heavy mangrove fd nge around the entire perimeter of
the fill spi t <11'ea. rrhe dredged channe 1 on the north shore line
ends where the f i 11 spi tends. 'J'}'e entire shoreline around the
flll spit would be considered aJtered due to the absence of a
transitional zone and the deposit of fill up to the shoreline.
EVALUA'l'ION
Lots 33 and 34 appear to meet all of the criteria for the IS land
use district and none of the criteria for the NA land use dis-
trict. Therefore, the location of the IS/NA boundary at the
property line between Lots 32 and 33 is considered to be an er-
ror. The filled area of Lot 35 meets at least most of the crite-
ria for t:hc IS lanel use clistrict (Sections 9.5-213 and 9.5-263).
Then, is a quest ion, howevc r, a s to the presence 0 f "suffic ient
uplands" on this lot. 'rhe <,pplicant has stated in the applica-
tion that there is sufficien+: room on this site for a single
family home of 948 square feet without obtaining setback varianc-
{.~: However, the plot plan submitted does not appear to meet the
applicable shore line setbacks. Furthermore, it is questionable
.:1S to whether these setbacks can be met. Al though the county
code does not mandate a minimum size for single family homes,
there is are minimum standards for lot area and dimension re-
quired for installation of aeptic systems (Secion 9.5-263. (a) and
:i t l[~ unclear as to whether this property meets those require-
ments. If those requirements can he met, then only that portion
of Lot 35 which is filled should be included within the IS land
use district.
That portion of Lot 35 which is not filled clearly reflects the
intent and purpose of the NA land use district. This area cannot
meet the requirements and purpose of the IS district since j t
consists of submerged land and mangroves.
RECOMMENDATION
It 1.S recommended that the NAilS boundary was drawn in error
a long the boundary of Lot 32 and 33 and should be moved to .the
east boundary of the fill spit on Lot 35 such that Lots 33, 34,
and the filled portion of Lot 35 are included within the IS land
use district. This reconunenddtion is subject to rigorous plan-
ning review to ensure that the standards of Sections 9.5-213 and
9.5-263 are met.
cc: Jeanne DuBois
M E M 0 RAN DUM
DATE:
May 26, 1989
TO:
Monroe County Board of County Commissioners
FROM:
Donald Craig
RE:
Boundary Determination for Lots 33, 34, & 35, Long
Beach Estates, Section A, Big Pine Key, F!o~ida -
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Background:
This vacant property was originally platted on January 27, 1961
and was located in the General Use (GU) zoning district prior to
September 15, 1986. The Land Use Distr ict Maps approved by the
Board of County Commissioners on February 28, 1986 and adopted on
September 15, 1986 changed the classification to the Native Area
(NA) district. A map change from NA to IS was granted for Lot 34
on June 27, 1988.
Recommendation:
Delete the IS/NA boundaries at the property lines between lots 32
and 33, 33 and 34, and 34 and 35. Add an IS/NA boundary between
the filled and the unfilled land according to the survey for Lot
35 by Mr. John A. Petsche, dated December 9, 1988 (attached).
Designate Lots 33, 34, and the filled portion of Lot 35 as
Improved Subdivision.
Alternatives:
Not Applicable
Findings of Fact:
Lots 33 and 34 are filled scarified properties dominated by
in vasi ve exotic species. There is a dredged channel along the
shoreline. Lot 35 is partially filled with a small spit of
fill. This fill area is vegetated mainly with invasive exotics
as with the other lots. The remainder of Lot 35 is submerged
land and mangroves. There is an existing access to this lot from
Long Beach Road.
There is a heavy mangrove fringe around the entire perimeter of
the fill spi t area. The dredged channel on the North shoreline
ends where the fill spi tends. The entire shoreline around the
fill spit would be considered altered due to the absence of a
transitional zone and the deposit of fill up to the shoreline.
The previous GU zoning district would have permitted single
family detached dwellings on each of the described lots since
they were platted prior to May 1, 1973 ( See Section 19-178,
Supplement #18, Monroe County Code (MCC) regarding permitted uses
in GU, and Section 19-174, Supplement #18, MCC). The property
may be adequately served by dedicated roads, water (existing
water line across street), and sewage disposal as confirmed by
Mike Lawn and Dave Hoover, Engineering Technicians, Public Works
Department, Nona Crews, Engineering Technician, Florida Keys
Aqueduct Authority, and Tim Mayer, Program Coordinator, Monroe
County Health Department, respectively.
Mr. Peter Pedicini, owner of Lot 35, has submitted a site plan
and demonstrated that a single family home could be placed within
the setbacks without var iances to the bulk regulations. Hence,
the property meets all the criteria for the Purpose of the
Improved Subdivision (IS) district, Section 9.5-213, Supplement
#33, MCC.
Lots 33, 34, and only the fi lIed area of 35, appear to meet all
of the criteria f--or-the IS land use district and none of the
criteria for the NA land use district. Given the above
information, an error had been made on the original land use maps
due to insufficient data regarding the specific site
characteristics.
However, the portion of Lot 35 which is not filled clearly
reflects the intent and purpose of the NA land use district.
This area cannot meet the requirements and purpose of the IS
district, since it consists of submerged land and mangroves.
Attachments:
1. Application (With Proof of Fee Payment)
2. Staff Analysis
3. Current Land Use District Map
4. Aerial Photo
5. Zoning pre-1986 (if appropriate)
6. First draft of Land Use District Maps (unsigned)
7. Land Use District Map effective Sept. 15, 1986 (Pattison)
DC/td 1)-
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1Dannp I. i/{olbagt
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~'I" i , t BRANCH OFFICE
i '! P.O. BOX 379
P"ANTATION Y. FLORIDA 33070
TEL. 1305) 852.9253
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BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON. FLORIDA 33050
TEL. (305) 743.9036
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST. FLORIDA 33040
TEL. (3051 29404641
October 12, 1989
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
.
Department of Community Affairs
2740 Centerview Drive
Tallahassee, Florida 32399
and
Department of Community Affairs
Post Office Box 990
Key West, Florida 33041
Gentlemen:
At a Regular Meeting in formal session on
September 20, 1989, the Board of County Commissioners, of
,Monroe County adopted Resolution No. 544'-1989 confirming i
the Administrative Boundary Interpretation of the Planniqg
Director in Land Use District Map Boundary Interpretation
Number 44, Lots 33, 34 and 35, Long Beach Estates. .
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Enclosed please find a certified copy of said
Resolution.
Very truly yours,
Danny L. Kolhage
Clerk of Circuit Court
and ex officio Clerk
Board 0 County Commissioners
by:
Rosalie L.
Deputy Clerk
Enclosure
cc: Mayor M. Puto
Commissioner E. Lytton
County Attorney R. Ludacer
County Administrator T. Brown
Division Director D. Craig
File
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e SEN : Complete Item. 1 end 2 when eddltl..1 ..rvlc.. '1" desired. end compl.- Item, 3
end 4. .
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5. Signature
Addressee
* U.S.G.P.O. 1817-1714'88
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