Resolution 590-1989
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Planning Department
RESOLUTION NO. 590-1989
A RESOLUTION CONFIRMING THE ADMINISTRATIVE
BOUNDARY INTERPRETATION OF THE PLANNING
DIRECTOR IN LAND USE DISTRICT MAP BOUNDARY
INTERPRETATION NUMBER 36, PT OF GOV'T LOT
2, LITTLE TORCH KEY, RE# 113130, 113190,
113200, AND 113090
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 36
dated
April 20, 1989, which recommends approval for a change in
land use districts from Suburban Residential to Native, 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 11th day of October, A.D., 1989.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
/IlI.:u11P4
Mayor/Chairman
(SEAL)
DANNY L. KOLHAGEJ glerk
Attest: - c .
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MEMORANDUM
TO:
The Board of County Commissioners
FROM:
Donald L. Craig, AICP, Assoc. AlA, Assistant County
Administrator for Growth Management Division
Department:
Planninq
by: Richard Dispenzieri
SUBJECT: Confirmation of zoning for Pt. of LOT 2,
Little Torch Key, RE #'s 113130-000000
113190-000000
113200-000000
113090-000000
DATE:
April 26, 1989
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MEETING DATE: August;;6.. 1989
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PLANNER:Ty Symroski
BIOLOGIST: Dianna Stevenson
Previous Relevant Board Action: / / ( ) Referral: Yes____No____
Commissioner's District:
Recommended Action: Confirm that the land use designation is actually
Native Area (NA) and not Sub Urban Residential (SR).
Findings of Fact:
1. The designation of the above properties as NA rather than SR will be
consistent with Section 9.5-210, Purpose of the Native Area District and
uses allowed within the district, Section 9.5-239.
2. The determination was made based on the following:
The maps signed by Charles Pattison, effective 9/15/86, show
the area as Native (NA), therefore the SR designation is in
error.
The existing conditions map show the area to be mangroves.
The purpose of the Native Area District is to establish areas
that are undisturbed and because of their sensitive
environmental character should be preserved in their natural
state.
Action bY:___Ordinance ~Resolution
Citizens Committee Statement:
Yes~No
4 "
Planning Commission Action Taken: Yes
Date_N.A.
Alternatives:
1) Leave these 4 tracts of land in the SR land use district
which would be inconsistent with the intent of this district being
predominated by development (Sec. 9.5-207), and instruct Planning
Staff to pursue a map amendment to designate area NA.
2) Leave SR designation and instruct Planning Staff to pursue a map
amendment to officially designate area SR.
Attached Documentation:~Yes___No
Biologists Report
Land Use District Map 1" = 200'
Land Use District Map 1" = 400'
Pattison Map
Strip Map
Aerial Photo
Existing Land Conditions
Land Use District Map Pre-September 15, 1986
Proposed Land Use District Map
~~~D' ~R~~~04~E
(3051294-4641
BOARD OF COUNTY COMMISSIONERS
Wilhelmina Harvey, District 1
Mayor Pro Tem Gene Lytton, District 2
Douglas Jones, District 3
MAYOR Mike Puto, District 4
John Stormont, District 5
S~pt_ember 28, 1989
Michael Halpern
Attorne~{ at Law
209 Duval Street
Key West, FL 33040
HE: RE~'s 113190, 113130, 113200 and 113090 - Boundary
Determinations Number 36, Proposed Change From Suburban
Res~dential (SR) to Native (NA)
Dear Mr. Halpern:
This is to inform you that the above referenced Boundary Determi-
nation # 36 is scheduled to be heard before the Board of County
Commissioners on October 11, 1989 at the Key West Courtroom
"B". The Board Of County Commission Meeting will begin at 9:00
A.M. on that day. You as authorized representative may wish
to be present at this hearing.
Further, pursuant to Section 286.0105, Florida Statutes, notice
is given that if a person decides to appeal any decision made by
the Board with respect to any matter considered at such hearing
or meeting, he will need a record of the proceedings, and that,
for such purpose he may need to ensure that a verbatim record of
the proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based.
Sincerely,
L ,)
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Dlanne BaJ.r,
Administrative Aide,
Growth Management Division
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JO~J) :"'94 4f141
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BOARD OF COU~TY COMMISS:ONERS
Wilhelmina Harvey, District 1
Mayor Pro Tem Gene Lytton, District 2
Douglas Jones, District 3
MAYOR Mike Puto. District 4
John Stormont, District 5
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August 10, 1989
Michael Halpern,
At1:orney at Law
20g Duval Street
Key West, FL 33040
Att: Donna Merritt
He: RE#113l90, 113130,113200, 113090, Boundary Determination
No .,~ 6
I ~lad previously notified you that the above referenced Boundary
Determination had been continued to the August 9, 1989 Board of
County Conunission Hearing. You had informed me that Mr.
Garrett was going to send a letter to you stating that 1.5 acres
was buildable and if your client chose to develop affordable
housing he would not need a TDR. You had further stated that
if this in fact was the determination, you would not object to
moving the boundary in order to change the property from SR to
NA, as was the Planning Staff's recorrunendation, and .that you
would not attend the meeting.
This letter is to now inform you ~hat Slnce no one was present
on "behdlf of your client at the August 9, 1989 hearing, Mr.
Craig requested that the action be postponed once again. The
Board honored his request, however they did not give a date cer-
tain for a future hearing. This department will notify you
when this item is re-agendaed for the next hearing so that you
may attend if you wish.
Sincerely,
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Dianne Bail',
Administrative Aide
Growth Management Division
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cc: Donald L. Craiq
George Garrett.
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13051294.4641
BOARD OF COUNTY COMMISSIONERS
Wilhelmina Harvey, District 1
Mayor Pro Tem Gene Lytton, District 2
Douglas Jones, District 3
MAYOR Mike Puto, District 4
John Stormont, District 5
11, 1989
Michael Halpern
Attorney at Law
209 Duval Street
Key West, FL 33040
RE: RE *'s 113190, 113130, 113200, 113090 - Boundary
Determination Number 36, Proposed Change From Suburban
Residential (SR) To Native (NA)
Dear Mr. Halpern:
As you will recall, the referenced item has been postponed twice
by the Board of County Commissioners pending the completion of
your Habitat Evaluation Index (HEI) on the subject property.
You have opted not to complete the HEl, but instead to proceed
with constructing a single family house meeting the affordable
housing requirements of section 9.5-266 of the Monroe County
Code. This letter advises you of the county's determination of
the applicable density constraints on the property under the
proposed NA land use district utilizing section 9.5-266:
Pursuant to a June 20, 1989 memorandum written to me from George
Garrett, it is my determination tha~ there is 1.5 acres of salt
marsh habitat existing on the property (specifically located on
parcel RE#113130). Further, pursuant to Section 9.5-262 and
9.5-266 of the Monroe County Land Development Regulations, it is
my determination that under the NA land use district, the allo-
cated density of this parcel is 0.45 units, the maximum net den-
sity is 1.0 units, and that one dwelling unit qualifying as af-
fordable housing can be constructed on this property without the
benefit of transferable development rights provided all other
applicable requirements and regulations of the code are met.
,J
,
~
Halpern/Craig
September 7, 1989
Page Two
I trust that this will address your concerns. As stated in Di-
anne Bair's letter of August 10, 1989, the Board did not post-
pone this item to a date certain at the August 9 meeting. You
will be notified as soon as this em put ba n the agenda.
Donald L. Craig
AICP, Assoc. A
Assistant Co nty Administrator
Growth Mana ement Division
cc: George Garrett
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M E M 0 RAN DUM
To
George Garrett, Coordinator, Env. Resources Division
From:
Dianna Stevenson, Biologist
Date:
April 20, 1989
Re: Confirmation of zoning for Pt. of Lot 2, Li tt1e Torch
Key, REts 113130,113190,113200,113090.
#U
INTRODUCTION:
The Monroe County Planning Department has requested a boundary
determination on the above referenced properties. The properties
are presently located within the Sub Urban Residential (SR) land
use district. The applicant feels that the lots should be
changed from SR to Native Area (NA).
SITE DESCRIPTION:
All lots are vacant and bounded are the east by Pine Channel.
All four lots are dominated by mangrove species. On the west
boundaries of all lots is a 10 foot fringe of native hardwood
species mixed with mangroves. Species present are Seagrape,
Darling plum, Black bead, POisonwood, Wild dilly, and Jamaica
dogwood. The area west of this fringe is dominated by Black and
Wh i te mangroves with scattered but tonwoods and Christmas berry.
Ground cover is predominantly Key grass, with Glasswort,
Sal twort, Sea daisy, and Sea purslane. A Red Mangrove fringe
approximately 50 to 70 foot deep borders Pine Channel. A few
exotic species were noted along the western edges, but no inva-
sion is occuring at this time.
EVALUATION:
All of the lots appear to fi t the purpose of the NA land 'use
district. Three narrow pathways exist (running east to west) and
another pathway runs parallel to Pine Channel. The pathways are
insignificant and have not altered the transitional zone or Man-
grove community.
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RECOMMENDATION:
It is recommended that the above referenced properties be desig-
nated as NA, rather than SR.
CC Richard Dispenzieri
. .'
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Land Use District Maps
Monroe County, Florida
January 19,1988
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Land Use District Maps
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NA
LITTLE TORCH KEY
P~su.nt to Section 9.5-24(aH2Hh) of the Monroe County Code,
the boundaries of the Land Use District Map are Interpreted to be
located as Indicated above and briefly described as:
r.{)nfi rm t-h::>t t-hP C::R b{)l1nrl::>ry <:hm.m i c:: :=lrrll:=l11 y NA
Director, Growth Management
Sheet # 370 Key Little Torch
Date
BOCC Resolution
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Purauant to Section 9.5-24(aH2Hh) of the Monroe County Code,
the boundarlea of the Land Use District Map are Interpreted to be
located as Indicated abovo and briefly described a8:
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Director, Growth Management
Sheet# Key
Date
BOCC Resolution
1"= 20 O'
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Pwsuant to Section 9.5-24(a)(2Hh) of the Monroe County Code,
the boundaries of the Land Use District Map are Interpreted to be
located as Indicated above and briefly described as:
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Director, Growth Management
Sheet# Key
Date
BOCC Resolution
1"=200'
M E M 0 RAN DUM
Date:
20 June 1989
To:
Donald L. Craig, A.C.A. for the Growth
Management Division
George Garrett, Environmental It
Resources Coordinator
Boundary Determination for Litt e :orCh Key a
part of Govt. Lot 2, RE # 113130, 113190,
11320, and 113090
From:
Subject:
On 7 June, 1989, I met with Donna Merit of Attorney Mike Halpern's
office concerning the disposition of one of the lots noted above. Ms.
Merit was interested in the possibility of the lot being buildable under
the "Pattison map" designation of "NA" as opposed to the "Craig map"
designation of "SR."
As I understand the situation, a gentleman bought the property in
question while relying on the Craig map designation of SR. As he came to
find out, the correct designation, based on the Pattison maps, is NA. The
staff has written a review of the environmental resource and planning
issues relative to the site and have recommended that the site remain in
its first and adopted designation of NA. Based on an on-site visit to the
property I concur with their findings.
The question remalnlng, as framed by ~ttorney Halpern's office, is
whether the property in question can be built upon under the NA
designation? The property in question is that identified by RE # 113130.
It is approximatly 2.5 acres in size. Of this acreage, 1.00 to 1.5
acres of the site are salt-marsh, a portion of which would be frequently
flooded. The remaining property is characterized by large#red mangrove
fringe flanked by shorter black and white mangroves. To give the maximum
benefit to Mr. Halpern's client I have assumed, for the purposes of this
memo, that the saltmarsh acreage is 1.5 acres. In my estimation this is
liberal. Under these assumptions the allocated density for the property
is 0.45 dwelling units (1.5 acres X 0.3 DUs/ saltmarsh acre). Under
the constraints of the open space requirements for saltmarsh (85% OSR)
and the maximum net density per buildable acre (5 DUs/buildable acre),
Mr. Halpern's client could build one single family residence using a
required 0.55 TDRs.
I must underscore that the scenario provided above is liberal. This
property is extremely wet overall. I would estimate, based on vegetation
character that it floods on most high and seasonally high tides. If I
assume that the actual saltmarsh acreage is 1.0 acres or even 1.25
acres, the lot becomes unbuildable. This results not from lack of
/
..
development rights but for a failure to meet the maximum net density
requirements. Under any condition that the County may envision, the lot
is wet enough that in my estimation permits from the ACOE and DER will
be extremely difficult to obtain.
The NA designation for this and surrounding properties under
consideration is correct based on a review of the site, a review of the
attached report, and a review of the Comprehensive Plan.
cc Bob Herman
Howard M. Tupper
file
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BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON. FLORIDA 33050
TEL. 13051 743-9038
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY, FLORIDA 33070
TEL. 1305) 852.9253
.
October 23, 1989
J CERTIFIED MAIL
RETURN RECEIPT REQUESTED
,J
Department of Community Affairs
2740 Centerview Drive
Tallahassee, Florida 32399
p o?r; ;{~? t7?tJ
and
Department of Community Affairs ./J() ?IJ:??11? I
Post Office Box 990 ('l
Key West, Florida 33041
Gentlemen:
At a Regular Meeting in formal session on
October 11, 1989, the Board of County Commissioners of
Monroe County adopted Resolution No. 5~1989 confirming
the Administrative Boundary Interpretation of the Planning
Director in Land Use District Map Boundary Interpretation
Number 36, part of Government Lot 2, Little Torch Key,
RE #113130, 113190, 113200, and 1139090.
)
')
Enclosed please find a certified copy of said
Resolution.
very truly yours,
.
Danny L. Kolhage
Clerk of Circuit Court
and ex officio Clerk
Board of unty Commissioners
)
~
by:
Rosal~e L. C
Deputy Clerk
cc: Mayor M. Puto
Commissioner E. Lytton
County Attorney R. Ludacer
County Administrator T. Brown
Asst. Co. Admin. D. Craig
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