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Resolution 290-2011 le MONROE COUNTY, FLORIDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS RESOLUTION NO. 290 - 2011 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONFIRMING THE ADMINISTRATIVE BOUNDARY INTERPRETATION OF THE DIRECTOR OF PLANNING AND ENVIRONMENTAL RESOURCES IN A LAND USE DISTRICT MAP AND FUTURE LAND USE MAP (FLUM) BOUNDARY DETERMINATION REGARDING A PORTION OF PART LOT 15 AND PART GOVERNMENT LOT 2, SECTIONS 33 AND 34, TOWNSHIP 62 SOUTH, RANGE 38 EAST, KEY LARGO, MONROE COUNTY, FLORIDA, HAVING REAL ESTATE NUMBER 00089910.000100. WHEREAS, the subject property is located at 91200 Overseas Highway (US Highway 1) in Tavernier. The commercial development on the property is known as Tavernier Towne; and WHEREAS, representatives of the property owner, Max D. Puyanic, Trustee for Trust No. 201, are requesting a boundary determination for the subject property due to the fact that on the official Land Use District Map, the Urban Commercial (UC)/Native Area (NA) land use district boundary line follows the northernmost edge of a lake, as opposed to north of this position along the tree line; and WHEREAS, the subject property is legally described as a parcel of land in part Lot 15 and part Government Lot 2, Sections 33 and 34, Township 62 South, Range 38 East, Key Largo, Monroe County, Florida, having real estate number 00089910.000100; and WHEREAS, the portion of the subject property in which its Land Use District designation is in question is particularly described as follows: Commence at the intersection of the East line of said Section 33 with the Northwesterly right -of -way line of State Road No. 5 (US Highway No. 1); thence run Southwesterly along the said right -of -way line and along the arc of a circular curve concave to the Northwest and having for its elements a central angle of 21 °33'44" and a radius of 1860.08 feet and a chord bearing of South 55 °58'42" West for an arc distance of 700.00 feet to a point; thence leaving said right -of -way line run North 02 °12'04" West Page 1 of 5 for a distance of 882.00 feet to a Southeasterly corner of Parcel 2 of the Ragen Tract, the same being a 100 foot wide portion of those lands of Robert E. Ragen et al, recorded in Official Records Book 494 at Page 958 and in Official Records Book 559 at Page 1119 of the Public Records of Monroe County, Florida; thence continue North 02 °12'04" West, along an Easterly line of said Parcel 2, for a distance of 389 feet more or less to a point in the Northerly line of the Sparsely Settled (SS) District as shown on the Monroe County, Florida Land Use District Map, Sheet 155, dated January 17, 2007 and the Point of Beginning of the parcel hereinafter described; thence continue North 02 °12'04" West along an Easterly line of said Parcel 2, for a distance of 73.23 feet more or less to a point in the Southerly line of Parcel 2 of the said Ragen Tract; thence run North 87 °47'52" East along a Southerly line of the said Parcel 2, for a distance of 530.30 feet to a point in the most Easterly line of the said Parcel 2; thence continue North 87°47'52" East for a distance of 61.00 feet to a point of intersection with the East line of said Section 33; thence run North 02 °12'04" West along the East line of said Section 33 for a distance of 124 feet more or less to the landward limit of vegetation and the approximate top of fill; thence meander said landward limit of vegetation and the approximate top of fill in a Southwesterly, Westerly and Southwesterly direction for a distance of 752 feet more or less to a point of intersection with the West line of Parcel 2 of the said Ragen Tract, at a point 1,365 feet more or less North of the Northwesterly right -of -way line of State Road No. 5 (US Highway No. 1), as measured along the said West line of Parcel 2; thence run South 02 °12'04" East, along the Westerly line of said Parcel 2, for a distance of 209 feet more or less to a point in the aforementioned Northerly line of the Sparsely Settled (SS) District; thence run North 31 °21'43" East, along the said Northerly line of the Sparsely Settled (SS) District, for a distance of 180.88 feet more or less to the Point of Beginning; containing 1.02 acres more or less; and WHEREAS, the land use district map that has been in effect from 1992 to present, attached as Exhibit A, (also known as the Craig Map as it was signed by Donald Craig) shows the area as being partially within an Urban Commercial (UC) land use district and partially within a Native Area (NA) land use district. However, the scale of the map makes it difficult to accurately and precisely determine where the line is located; and WHEREAS, the future land use map that has been in effect from 1993 to present, attached as Exhibit B, shows the area in question as partially Mixed Use / Commercial (MC) and partially Residential Conservation (RC). However, the scale of the FLUM (1 "= 2,000') makes it difficult to accurately and precisely determine where the line is located; and WHEREAS, the zoning map that was in effect from 1973 to 1986, attached as Exhibit C, (also known as the pre -1986 map) shows the area in question as having a BU -2 and BU- 2-A (Medium Business) designation. North of the BU -2 district, there is a GU (General Page 2 of 5 Use) district. Although the GU designation may have applied to part of the area, based on the scale of the map and the absence of property lines, this determination is not conclusive; and WHEREAS, the land use district map that was in effect from 1986 to 1992, attached as Exhibit D, (also known as the Pattison Map as it was signed by Charles Pattison) shows the area as being partially within an Urban Commercial (UC) land use district and partially within a Native Area (NA) land use district; and WHEREAS, the Urban Commercial (UC)/Native Area (NA) boundary line on the Pattison Map is clearly different than that shown on the Craig Map; and WHEREAS, research by staff confirms that the area in question has been used for nonresidential use in the past; and WHEREAS, in general, land use district lines were drafted to follow the property lines in place at the time that the maps were adopted. However, this was not a requirement. The main exception is Native Area (NA) boundary lines. Such lines commonly follow the boundaries of environmental features. In this case, the Craig Map shows the boundary line following the northernmost edge of the lake. However, the Pattison Map, the map from which the Craig Map was derived, appears to show the boundary line following the tree line. It is far more common for Native Area (NA) boundary lines to follow tree lines than shorelines. Further, it would be unclear why the draftsman would follow the northernmost shoreline as opposed to southernmost shoreline if the intent was to follow the shoreline at all; and WHEREAS, the boundary lines of the Craig Map were generally intended to follow the boundary lines of the Pattison Map; and WHEREAS, pursuant to § 102- 21(b)(2)h. of the Monroe County Code, it is the authority and duty of the planning director to render interpretations of the official land use district map and future land use map; and WHEREAS, following a review of the preceding legal description and research by staff, the planning director, Townsley Schwab, rendered an interpretation that the Urban Commercial (UC)/Native Area (NA) boundary line is meant to follow the tree line, not the northernmost edge of the lake. Therefore, the area in question that is shown on the official Land Use District (Craig) Map as Native Area (NA), was done so in error and should be amended to be Urban Commercial (UC); and WHEREAS, the planning director, Townsley Schwab, rendered an interpretation that boundary lines of the three future land use categories on the site (Mixed Use Commercial (MC), Residential Low (RL) and Residential Conservation (RC)) are consistent with the boundary lines of their underlying consistent Land Use District (Urban Commercial (UC), Sparsely Settled (SS) and Native Area (NA)); and Page 3 of 5 . , WHEREAS, Pursuant to §102- 158(e) of the Monroe County Code, Typographical or drafting errors: amendments to the text to correct typographical or drafting errors may be adopted by the Board of County Commissioners without posted notice or public hearing at any regular meeting; and WHEREAS, based on the preceding interpretation by the planning director, staff has determined that a drafting error occurred on the official land use map and the future land use map. To resolve the error, the Board of County Commissioners must confirm the interpretation of the Director of Planning before the boundary determination interpretation is effective; and WHEREAS, after the Board of County Commissioners confirms the interpretation of the Director of Planning, the corrected maps shall be transmitted to the Department of Community Affairs for their records. NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS THAT: The action by Townsley Schwab, Senior Director of Planning & Environmental Resources, recommending correction of the land use district boundary and future land use district boundary is hereby found to be in conformance with the standards set forth in the Monroe County Code and Comprehensive Plan and is therefore approved. Section 1. The aforementioned, described area in the fourth whereas clause shall be designated as Urban Commercial (UC) on the official Land Use District Map (attached hereto as Exhibit E). Others areas of the subject property shall maintain their designation as shown on the official Land Use District Map (also known as the Craig Map). Section 2. The aforementioned, described area in the fourth whereas clause shall be designated as Mixed Use / Commercial (MC) on the future land use map (attached hereto as Exhibit F). Others areas of the subject property shall maintain their designation as shown on the future land use map. Section 3. The above conclusions of law are predicated upon the findings of fact and conclusions of law outlined in the staff recommendation, which this Board hereby adopts as its own. Section 4. The Clerk of the Board is hereby directed to forward a certified copy of this Resolution to the Monroe County Growth Management Division. Section 5. The Clerk of the Board is hereby directed to forward a certified copy of this Resolution to the Florida State Land Planning Agency as required by §102- 158(e) of the Monroe County Code. Page 4 of 5 . , ; PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 21st day of September , 2011. Mayor Heather Carruthers Yes Mayor pro tem David Rice Yes Commissioner Kim Wigington Yes Commissioner George Neugent Yes 0 ,� .a % Commissioner Sylvia Murphy Yes , 5'. ÷ % N ' ` i al TY BOARD OF COUNTY COMMISSIONERS A , a - j L. KOLHAGE, CLERK \ '�c O , By Deputy Clerk Mayor ea arruthers ONROE COUNT ATTORNEY NANA r ROVE 'L ,111111M11. — N C) J — - r1 cD I �7 - I`1 ,', CPI p Page 5 of 5 EXHIBIT "A" 1117•11L-x' 1 1 1 1 1 I I 1 ! I ! I 1 E . i 1 g MATCH TO 169 gist= -itair > ri. g . is irs-E. 11, iim .1434,1„,g2. p IRS - WI • 1:Aorks - -8 14 ' vir la ‘ \ 1.411 assi 0 a t \TO �� Q s r ..-r 1 2� es i , t , I 'T' V q 1 4 ex ii er ii 1 . =HI V'. tiirsImuis Sas- lig .) , g a eo ‘._,,,--a s 0 v f eir / - L 1, _ , . 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Y \ Current Conditions N A - 15o Tavernier Towne - B Tb,ma aNgam.m:.,n¢,rgo",brMo¢x G ,ar1y ik Eata mmaileE M1ernn i,illustrafve only anE may ml acralY"glft bau rtlaries yr¢AroaCv ngM-d wayar tlenligcatbniri¢ma�an Oab Swrtes Mo¢rc fwmy-GrowlM1 Mana�mentanE ll.S fisA6 VAIElile RC .41111 Apk-, - 4-‘,4 4 4, ,•• INS $ • 4. t RL 1' Monroe County -Future Land Use(FLUM) INS-Institutional MC-Mixed Use/Commercial RC-Residential Conservation RL-Residential Low Proposed Conditions 1 indary Determination Exhibit F