Item L05
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 18, 2002
Division:
Growth Management
Bulk Item: Yes X
No
Department: Planning and Environmental Resources
AGENDA ITEM WORDING:
A resolution confirming the Administrative Boundary Interpretation of the Planning Director in Land
Use Boundary Interpretation Number 108 regarding a part of Lot 16 of Summerland Estates recorded
in Plat Book 2 Page 167, Summerland Key, Monroe County, identified by RE # 00200600.000600.
ITEM BACKGROUND:
The boundary between the Native Area (NA) District and the Suburban Residential (SR) District on
the said property bisects an existing single-family home and fill pad. The applicant is requesting that
the NA line be moved to be located along the edge of the fill pad rather than bisecting the house. The
Planning and Environmental Resources Staff recommend that the line be moved so that the single-
family home and fill pad be included in the SR land use district. The portion of the lot to the east of the
fill pad, which consists of wetlands will remain in the NA land use district.
PREVIOUS REVELANT BOCC ACTION:
NONE
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval
TOTAL COST:
N/A
BUDGETED: Yes
No
COST TO COUNTY: N/A
REVENUE PRODUCING: Yes
No X AMOUNT PER MONTH
Year
APPROVED BY: County Atty ~
Risk Management N/ A
DIVISION DIRECTOR APPROVAL:
AICP
DOCUMENTATION:
Included X
To Follow
Not Required_
AGENDA ITEM # /-<6--
DISPOSITION:
Revised 2/27/01
ADMINISTRATIVE BOUNDARY
DETERMINA TION
BOARD OF COUNTY COMMISSIONERS
MARATHON GOVERNMENT CENTER
DECEMBER 18, 2002
BOCC DRAFT RESOLUTION
Resolution No. -2002
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS CONFIRMING THE
ADMINISTRATIVE BOUNDARY INTERPRETATION OF THE
DIRECTOR OF PLANNING AND ENVIRONMENTAL
RESOURCES IN LAND USE DISTRICT MAP BOUNDARY
INTERPRETATION NUMBER 108 REGARDING A PART OF
LOT 16, SUMMERLAND ESTATES, SUMMERLAND KEY,
MONROE COUNTY, FLORIDA, AT APPROXIMA TEL Y MILE
MARKER 25, AND HAVING THE FOLLOWING REAL ESTATE
NUMBER: 00200600-000600.
WHEREAS, the applicants, Ronald and Dorothy Sanders are requesting a Boundary
Determination for their propety due to the fact that the Native Area (NA) District line goes through
the existing single-family dwelling unit instead of following the boundary of the fill pad.
WHEREAS, the property is described as a part of lot 16 Summerland Estates recorded in
Plat Book 2 Page 16, Monroe County, Florida, and more particularly described as follows:
Commencing at the Northwest Comer of Lot 16, near South 17 degrees,
00 minutes and 02 seconds East, 609.39 feet to the Point of Beginning of
the land and mangrove hereinafter described; from said point of
Beginning, continue bearing South 17 degrees, 00 minutes and 02 seconds
East 121.87 feet; thence bear North 72 degrees, 59 minutes. and 58
seconds East 421.5 feet, more or less to the shore line of Niles Channel,
thence meander said shoreline in a Northerly direction to a point that is
bearing North 75 degrees, 57 minutes and 50 seconds East from the said
Point of Beginning, thence bear South 75 degrees, 57 minutes and 50
seconds West 418 feet, more or less back to the Point of Beginning; and
WHEREAS, the above-described property was zoned RU-l. single family residential
district, prior September 15, 1986; and
WHEREAS, the Land Use District Map signed by Charles Pattison designates the
above-described property as both Suburban Residential (SR) and Native Area (NA); and
WHEREAS, the Land Use District Map signed by Donald Craig designates the above
Boundary Interpretation 107; Resolution
Page I of3
described property as Suburban Residential (SR) and Native Area (NA); and
WHEREAS, the NA line was drafted by following a vegetation cover line on the existing
conditions aerial photographs; and
WHEREAS, the future land use map (FLUM) of the Year 2010 Comprehensive Plan
designates the property Residential Low (RL) and Residential Conservation (RC). The scale of the
FLUM (1" equals 2000') makes it difficult to be specific where the exact line is drawn, however
the boundary line intersects the existing single family dwelling unit and fill pad. The intent of the
FLUM was to follow the Craig Maps zoning boundary line. However. the Craig Maps were
intended to follow the Pattison Map boundary lines. The Craig Map was transferred to the FL UM
and therefore a part of the fil pad identified under RE: #00200600-000600 was not included in the
Residential Low (RL) FLUM; and
WHEREAS, research by a Monroe County Biologist confirms that 1) the fill pad was
existing at the time the NA line was established, 2) the size of the fill pad has not changed
significantly since the inception of the NA line and 3) concludes that there may have been an error
in the original drafting of the NA line for the above described parcel. Further, the Biologist states
that formally determining the NA line around the fill pad will not have negative impact on the
adjacent habitat and will continue to preserve further encroachment on the sensitive habitat; and
WHEREAS, the Monroe County Code gives the Planning Director authority to render
interpretations of the plan, this chapter or the boundaries of the official land use district map;
NOW
THEREFORE BE IT RESOL VED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
The action of the K. Marlene Conaway, Director of Planning and Environmental Resources,
recommending approval of the district boundary change in Land Use District Map Boundary
Interpretation Number 108, dated December 2, 2002, is hereby found to be in conformance with
the standards set forth in Section 9.5-24 (a)(2) h, of Monroe County Code; and is therefore
approved.
Section 1. The above-described property from the NW comer of Lot 16 to the end of the existing
fill pad which includes the existing single- family dwelling unit shall be designated as Suburban
Residential (SR) District. The land to the east of the single-family dwelling unit consisting of
wetlands shall remain as Native Area (NA) District.
Section 2. The above conclusion of law is predicated upon the findings of fact and conclusions of
law outlined in the staff recommendation, which this Board hereby adopts as its own.
Section 3. The Clerk of the Board is hereby directed to forward a certified copy of this Resolution
to the Monroe County Planning Department.
Boundary Interpretation 108; Resolution
Page 2 of3
Section 4. 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 held on the 18th day of December, 2002.
Mayor Dixie Spehar
Mayor Pro Tern Murray Nelson
Commissioner George Neugent
Commissioner David Rice
Commissioner Charles' Sonny' McCoy
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor Dixie Spehar
Signed this
day of
,2002.
(SEAL)
ATTEST: DANNY KOHLAGE, CLERK
DEPUTY CLERK
APPROVED AS TO FO)tM //"
AlID~t.L SUFfICIENCY /,
V "~ ~/L--/~. /
~-Attorney's Office
Boundary Interpretation 108; Resolution
Page 3 of3
BOCC STAFF REPORT
Memorandum
W:
FROM:
DATE:
RE:
Monroe County Board of County Commissioners
K. Marlene Conaway, Director of Planning and Environmental Resources'
December 2, 2002
Monroe County Boundary Determination, Ronald Sanders
STAFF REPORT
MEETING DATE: December 18,2002
PLANNER: Maureen Meehan, Planner
BIOLOGIST: Julie Cheon, Biologist
APPLICANT: Ron and Dorothy Sanders
AGENT: Lee Rohe, P.A.
PREVIOUS RELEVANT BOARD ACTION: None
I. REQUEST:
The applicant is requesting that a portion of the property identified by RE #00200600-000600
on Summerland Key be determined to be within the Suburban Residential (SR) Land Use
District. The property is described as follows:
A tract ofland and mangrove in a part of Lot 16 ofSwnmerland Estates recorded in Plat
Book 2 Page 167, Monroe County, Florida, more particularly described as follows:
Commencing at the Northwest Corner of Lot 16, near South 17
degrees, 00 minutes and 02 seconds East, 609.39 feet to the Point of
Beginning of the land and mangrove hereinafter described; from said
point of Beginning, continue bearing South 17 degrees, 00 minutes
and 02 seconds East 121.87 feet; thence bear North 72 degrees, 59
minutes, and 58 seconds East 421.5 feet, more or less to the shore line
of Niles Channel, thence meander said shoreline in a Northerly
Page I of4
Sanders Boundary Detennination
00200600-000600
direction to a point that is bearing North 75 degrees. 57 minutes and
50 seconds East from the said Point of Beginning, thence bear South
75 degrees, 57 minutes and 50 seconds West 418 feet, more or less
back to the Point of Beginning.
The above legally described property will be referred to as "Tract F" for the purpose of this
report.
II. ANALYSIS:
Relevant Ownership History
1) Monroe County has assessed "Tract F" under RE: #00200600-000600 since 1980.
2) In April 2002, the property owner, Alma Raymond, sold Tract F to Ronald Sanders.
Relevant Permittin2 History
1) Building Pennit # 12417 A was issued on October 24, 1984 for the single-family home when the
zoning of the property was RU-l.
2) Fill Permit #921-5410 was issued on December 4, 1992 for the placement of fill on existing
driveway and around the house on the existing fill pad. The permit specifically notes that
no fill was to be extended beyond the existing fill pad into the sensitive habitat.
Zonin2 Information
1) The previous zoning (prior September 15,1986) of the property identified. as Tract F was
RU-l, single family residential.
2) The Land Use District Map signed by Charles Pattison. Page 6 of21. designates Tract F as
Suburban Residential (SR) and Native Area (NA).
3) The land use maps signed by Donald Craig are a set of maps that were created using the
maps signed by Mr. Pattison with parcel lines included, in order to determine the exact
zoning designation of individual parcels. Page 401 and 413 of the map set signed by
Donald Craig show that Tract F is zoned SR and NA.
4) The future land use map (FLUM) of the Year 2010 Comprehensive Plan designates the
property as Residential Low (RL) and Residential Conservation (RC). The scale of the
FLUM (1" equals 2000') makes it difficult to be specific where the exact line is drawn,
however the boundary line intersects the existing single-family dwelling unit and fill pad.
The intent of the FLUM was to follow the Craig Maps zoning boundary line.
Page 2 of 4
Sanders Boundary Detennination
00200600-000600
5) The purpose of the Residential Conservation land use category is to encourage preservation
of open space and natural resources while providing for very low-density residential
development in areas characterized by a predominance of undisturbed native vegetation.
The portion of the property zoned NA reflects the presence of wetlands to the east of the
existing single -family home.
6) The purpose of the Residential Low land use category is to provide for low-density
residential development in partially developed areas with substantial native vegetation.
7) The NA line was determined by following a vegetation cover line on the existing conditions
aerial photographs. The applicant believes that the NA land use district line was
inaccurately drawn from the aerial photographs due to obstruction of the view by
vegetation.
8) Research by a Monroe County Biologist confIrms that 1) the fIll pad was existing at the
time the NA line was established, 2) the size of the fIll pad has not changed signifIcantly
since the inception of the NA line and 3) believes that there may have been an error in the
original drafting of the NA line for the parcel. Further, the Biologist believes that formally
determining the NA line around the fill pad will not have a negative impact on the adjacent
habitat and will continue to preserve further encroachment on the sensitive habitat.
9) The Monroe County Code Section 9.5-24(a)(2) h. gives the Planning Director authority to
render interpretations of the plan, this Chapter or the boundaries of the official land use
maps.
10) Staff review of the records found that the Board of County Commissioners did not
specifically consider this site during the preparation of the Land Use District Maps.
III. FINDINGS OF FACT AND CONCLUSIONS OF LAW:
Based on the documentary evidence listed above, the proposed boundary determination request
to interpret the zoning of the existing single-family dwelling unit and fill pad to be completely
within the Suburban Residential land use district is in compliance with MCC Section 9.5-24
(a)(2) h.
RECOMMENDED DETERMINATION:
The Director of Planning and Environmental Resources recommends that the Board of
County Commissioners determine that: A portion of the Northwest Corner of Lot 16, near
South 17 degrees, 00 minutes and 02 seconds East, 609.39 feet tot he Point of Beginning
of the land and mangrove hereinafter described; from said point of Beginning, continue
bearing South 17 degrees, 00 minutes and 02 seconds East 121. 8 7 feet: thence bear North
72 degrees, 59 minutes, and 58 seconds East 421.5 feet, more or less to the shore line of
Page 3 of4
Sanders Boundary Determination
00200600-000600
Niles Channel, thence meander said shoreline in a Northerly direction to a point that is
bearing North 75 degrees, 57 minutes and 50 seconds East from the said Point of
Beginning, thence bear South 75 degrees, 57 minutes and 50 seconds West 418 feet, more
or less back to the Point of Beginning is to be included in the Suburban Residential (SR)
District.
More specifically, the portion of the lot to be included in the SR land use district is a
portion of the single-family residence and fill pad that is currently included as part of the
NA land use district. This will allow the home to be located completely within the SR
land use district. The land to the east of the fill pad consisting of wetlands shall remain
designated as NA.
Attached Documentation: X Yes No
1. Boundary Determination Application
2. Existing Land Use District Map (Craig Map)
3. Aerial Photograph - 2002
4. Land Use District Map February 28,1986 (Pattison Map)
5. Zoning Map Pre-September 1986
6. Future Land Use Map - Adopted January 1996
Page 4 of 4
Sanders Boundary Detennination
00200600-000600
ATTACHMENTS
MONROE COUNTY PLANNING DEPARTMENT
APPLICATION FOR LAND USE DISTRICT
BOUNDARY DETERMINATION
Application Fee: 5250.00
Applicant: Ron and Dorothv Sanders
Phone # (978) 356 - 1 585
Address: 539 East Shore Drive
MM 24
Lot(s): 1 6
PROPERTY DESCRIPTION: Key Summerland
Subdivision:
Summerland Estates
Block: -
If the proposed change is for acreage, submit the legal description of the property.
Request Change From: Native Area/Suburban To: Suburban Residential
Reason for Request: Please see attached Jusi tif ication note.
Present Use of the Property:
Sinqle Family Residence
Description of evidence supporting request: Attach any documents that support your request.
Enclosed is a copy of the July 1, 2002 report on the property prepared
by Karen de Maria, Environmental Consultant/Marine Biologist. Also
enclosed is an official survey prepared by Frederick Hildebrandt.
I certify that I am familiar with the information contained in this application,
and to the b. est of my knowledge, such information is true, ~om~te and accurate.
'-f1AAJll~ 1k k. ~ ~ Ow~
Signature (Witness) Signature (bw er)
Sworn before me, this
AD.
,If.
day of
OCT08~1L , 11}../)0Z;
-fJ'mS~?
otary Public
My Commission Expires:
LDRdet.doc3/97dw
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. (8()0.432-4254) Florida Not8ry ANn.. Inc.
~................ ...................................
Justification per 9.5-51 Hd)(5}(b) (in): "Error In Mapping"
The line separating NA from SR was probably drawn on an aerial photo of the area. The
line was probably not "ground-truthed" when it was drawn. Ifit had been, a check ofthe
subject property and its surroundings, at ground level, wouid have revealed an old fill pad
as referenced in the attached July 1, 2002, report by Karen DeMaria. In all likelihood, the
top of the tree canopy at the site obscured the fill pad from aerial view. This would
explain the discrepancy between the line drawn on an aerial photo and how the line
would have appeared if it had followed the uplands, including the old fill pad, according
to a ground level check. The applicant's desire is to see the boundary line distinguishing
NA from SR be relocated waterward (eastward) to more accurately reflect the conditions
and vegetation on the ground.
Marlene Conaway, PlAnning Director
Momoe County Plsnmmg DepAltuamt
2798 Overseas Highway, Suite 410
Marathon, Florida 33050-2227
Re: Notarized Authorization for Lee Robert Rohe, P.A. to act as my agent for
Amendment to Future Land Use Map and Land Use District Designation
Dear Ms. Conaway;
1 HEREBY AUTHORIZE Lee Robert Robe, P.A. to act as my agent for my Land Use
Map and Land Use District Amendment application for my property located at 539
Eastshore Drive, SummerJand Key, Florida. Please address all original correspondence
or questions directly to Mr. Robe at the following address and phone:
Lee Robert Robe, P.A.
Post Office Box 420259
Snmm~Jand Key, Fl33042
(305) 745-2254
(305) 745-4075 (Facsimile)
In addition, please mail a copy of all correspondence from your office that is submitted to
Mr. Robe to me at the following address:
Ron Sanders
3 Sanders Drive
Saugus, Massachusetts 01906.
Thanking you in advance to your assistance.
Sincerely,
c--: ~~cJ-,-
Ron Sanders
.
Page Two - Letter of Authorization from Ron Sanders to Marlene Conaway
STATE OF MASSACHUSETTS)
COUNTYOF ES SEk )
I hereby certify that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
~ \'
r X~')a.Ld (' , \..1. 'T-oL~_ v) .-to me who is personally known to me or who has produced
as identification and who executed the foregoing instrument and
,1
(. i '.
acknowledged before me that he executed the same this -;; jf day of '1- ~v ,
/J' ~
l.
,.
2002.
(Seal)
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KAREN KENNEDY DEMARIA
ENVIRONMENTAL CONSULT ANTIMARINE BIOLOGIST
P.O.BOX 420975
SUMMERLAND KEY, FLORIDA
33042-0975
305-745-3045
FAX 745-1235
E-MAIL: KKDEMARIA@AOL.COM
July 1,2002
Ron and Dot Sanders
3 Sanders Drive
Saugus, Massachusetts 01906
RE: 539 East Shore Drive, Summerland Key, Florida
Dear Mr. And Mrs. Sanders:
As requested, I inspected the above referenced property to determine the existing environmental
characteristics of the lot for use in a zoning map change determination. Enclosed are two maps
showing what I observed.
Your house sits on an old fill pad. The old fill pad is surrounded by wetlands to the east and
north. Toward the northwest, the wetland area becomes an upland, hammock area. To the south
of your house, the adjacent property is disturbed and developed up to the property line. The old
fill pad that your house sits on extends west approximately 59 feet on its northern side.
A driveway runs from East Shore Drive to the fill pad. Along the north side of the driveway, the
land is vegetated by a mixture of wetland plants species and hammock. Along the southern side
ofthe driveway, the land is primarily disturbed with wetland and disturbed with natives. There is
also a large cleared area.
Therefore, the old fill pad with the house and pool should be rezoned to fit the adjacent
properties. The land to the east and north of the fill pad and the area along the north side of the
driveway is native area. The area to the south of the driveway up to the fill pad should be labeled
as disturbed. Enclosed is a map showing the dimensions from the house to the toe of slope area.
Along the wetland side, this line follows the approximate location of the upland/wetland
boundary .
If you have any questions, fell free to call anytime.
cc: Lee R. Rohe, Attorney at LawV"""
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County of Monroe
P1annilU! and Environmental Resources
Department
2798 Overseas Highway
Marathon, Florida 33050-2227
Voice: (305) 289 2500
FAX: (305) 289 2536
Board of Count\' Commissionen
Mayor Charles "Sonny" McCoy, Dist. 3
Mayor Pro Tern Dixie M. Spehar. Dist. I
Corrunissioner George Neugent, Dist. 2
Corrunissioner Bert Jimenez, Dist. 4
Corrunissioner Murray E. Nelson, Dist. 5
To: Marlene Conaway
From: Julie Maiko, Biologist, Environmental Resources
Date: November 5, 2002
Ref: Application for Boundary Determination for Summerland Estates, Tract F,
RE# 00200600-000600
A request has been made to move the Native Area (NA) zoning line to better reflect the
current habitat conditions of the above referenced property.
Background:
An existing fill pad was on the parcel prior to zoning. It is the applicants assertion that a
portion of the existing fill pad was improperly zoned NA while the majority of the pad was
zoned Suburban Residential. The applicant believes that the zoning line may have been
drawn inaccurately from aerials obscured by vegetation (see justification note attached to
Application for Land Use District Boundary Determination).
Review and Recommendation:
A site visit was made and a biological review was performed. A historical review of aerials
was also conducted.
For the following reasons the Biologist is recommending a limited minor alteration of the NA
zoning line such that a new delineation is only adjusted to include the entire existing fill pad:
1. Using the best tools available the Biologist does not believe the size of the fill pad
has changed significantly from its pre-zoning state and therefore believes that an
error in the original zoning was possible.
2. Moving the NA line to include the fill pad will not have a negative impact on the
adjacent sensitive habitat.
3. A "ground-truthed" determination will protect adjacent sensitive habitat in the
future.
Should you have any questions please feel free to contact me at extension 2537.
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