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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 r III III I ";:~'!!I!:1 :fjm ~<=~I : ~ClJ"'~ IandeclInugh J . ..... . (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) - """' , \ ( i , . _t".) "-- :... :...lLr:~ ~ "> f I ,~,__ /)./'I'..ccG-o..-J Notary Public, State of Massachusetts (printed Signature) 11.) -::,~,-,'~ ,--.:.. ,rr.m f~..J'~_A C l.L-,G<- "L.'.J /:.',-II.:-Q3 Notary Public Stamp ~ :9~F ~ l~ ~~ ~"IIID :f.. ~ ~~~rn 1'- "c:lZ!1 ........ c: 'k'1 ~~. ~.. 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H ~ '"'3 w e-> w 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""" 5Qnders: 5 3q Eo.s~ S'noce. 'Di. .........e:-- Appfo'I.. Not' '\"n ?tAn J tm>> .J" 1,)\" 02-/ ~ ~ N \L.e.~ c...h~nne.\ ~ . ~ ~~ JliP'f'~ ~ ~:~ ~~.. . ,. ....... .. -- , - , \ Goo\. ) t I I t l" I I ~ , >f!(o\ ..~~ Wt.~~ · ~ .J- : _ _ _ _ _ _ _ ~.Il .. 53<=\ I flu.. ~( \~. ~~ ~~ I tl , ~ ,.... ,6~ , . , "'. ......0 , . , v'- Doc.~ \-\o~ ,. , " , / " r O~. "frue, ~ I' 1'$ , "" ,. . '!ft r... ~ \J / ~",fJ )1.\ ~\tf' "V': 1 ~\. l~f\P r:: ~ Eo..s~ 5'nor~ l:)r\oJ~ ~ 534 C0.5-\ S't\o("e t::If'. : S~mer\Q.v\ci 't.e" PL~"I ~ \". 2.0' ~u.'t OJ-/ w:.~ (' ~ weo\-\~nd.~ ~ ~ - -/t. - .... "'" , ...--- J ~/ ; ( I~ IS. C!ol\e."e.t>e ~w~ : 2 'lei, ,,' UP~f\d J:i L~ I PAt) I , ,.." ...... -- · · . 1.-'5.5 J I I I , I I 1 \ ,~ ........ ...... - HQ "'ftlOdC. (V~\O\n4) sq' WOCb t)ou:. tone-fete. ~e.. OL~ F\~\.. PPtb R ( ~ W Uo\o.."t\s ~ -' T - - -u . ~' ....1 -' plll~d .L - 2~.S' , , 12 LJf~nd t= ~ L..~ ~1) . peo\ "" c1eeK. Cl\.f'ea.. ft / .---'- -f- --I D i S1'vR..t>eb 1 ~ ~e:\o.-Tion f " "\ ~ dr\~W)Q,'1 D I s.o\'u(''oe~ ( ~~e\~~) \ ~ I; .I.. ~i~_1tI . .~~" 1!J;.1- . r "-1 -I I . ~l .l__~ . ,~;.~~~---~~~~....~.~. . ~.... A . ~ .., "~":',~ ~ - ~..- ..~ L .~.~~ .....: . .. :-- . '.." ~-: ~.l>' :,.. :.. -.= - ..'..... '. ...:~~ ;;;- . ,": 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. I o ., ~ z ~ . o ~ <( z tn - , , .. , , , , " n i I I I I I o .... c a -.. II:c 9a ..... .u ~- ...11: Z'" ::I!! 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