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Resolution 670-1988 Planning Director RESOLUTION NO. 670_1988 A RESOLUTION CONFIRMING THE ADMINISTRATIVE BOUNDARY INTERPRETATION OF THE PLANNING DIRECTOR IN LAND USE DISTRICT MAP BOUNDARY INTERPRETATION NUMBER 17 ,Crains Sub. ,Bl 41, Lts 1 and 16,Grassy Key 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 17 dated November 16, 1988 attached and incorporated by reference, is hereby acknowledged, found to be in conformance with the standards set forth in Sec. 9.5-3 (m), Monroe County Code, and approved. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 6 day of December , A.D., 1988. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By d~~ Mayor/Cha1rman (SEAL) -0 "'" .." - r- f""l o ." c:> ;;0 :-.0 1"f1 ~., <::) :::0 o Attest: 3: 0 ~ :x> :::0 Z o()z .....r " , . ';:l[: ". C") , r-- or,: c-----'" :z: ::n ;- 2 (=;;- r" ,. )''7:10 Ii lij -I2L /!~ M - 'iO .. - \IJ ~\r,,/jR() i/Er.J /..15' TO FCJi1,'"':'. AND LEGAL SUFFICIENCY. 8 RW / j h M E M 0 RAN DUM TO: Board of County Commissioners FROM: Donald L. Craig, AICP, Assoc. AlA Assistant County Administrator for Growth Management Division Department: Planninq by: Jeanne DuBois SUBJECT: Boundary Determination for Crain's Subdivision, Block 41, Lots 1 and 16, Grassy Key, Monroe County, Florida MEETING DATE: December 6, 1988 Previous Relevant Board Action: / / ( ) Referral: Yes____No____ Commissioners District Recommended Action: It is recommended that the Native Area boundary be moved to the south boundary of Lot 16 and 1, thus including all of both Lot 16 and Lot 1 in the Improved Subdivision (IS) land use district. Summary of RequestjReport On the current land use di strict map, the boundary between IS and NA runs through Lot 1. Lot 16 is shown as being in the Native Area land use district. The property is located entirely within an upland area of tropical hardwood hammock. Action by:___Ordinance ~Resolution Citizens Committee Statement ___Yes~No____ Attached Aqreement/Contract - No. N/A Approved by County Attorney as to Legality___Yes___N.A. _Standard Form Approved by Risk Management___Yes___Not Applicable Approved by Office Fiscal Management Funding Source N/A CUrrent Year Cost Annual Cost Budqeted___Yes___No Will Proposal Require Additional Personnel? -1LNo If Yes State Number Permanent___ Temporary___ Other Board Policy(ies) Applicable t Planning Commission Action Taken____Yes Date____N.A. Alternatives: Include Lot 1 in the IS and not Lot 16. This would be inconsistent, however, with the intent of the NA to protect wetlands as there are no wetlands on the subject property. Attached Documentation~Yes___No t MEMORANDUM DATE: November 16, 1988 TO: Monroe County Board of County Commissioners FROM: Donald Craig RE: Boundary Determination for Crain's Subdivision Block 41, Lots 1 and 16 Backqround: On the current land use district map, the boundary between IS and NA runs through Lot 1. Lot 16 is shown as being in the Native Area land use district. Recommendation: It is, recommended that the Native Area district boundary be moved to the south boundary of Lot 16 and 1, thus including all of both Lot 16 and Lot 1 in the Improved Subdivision land use district. Alternatives: Include Lot 1 in the IS, which is mostly in the Improved Subdivision land use district on the current map, and not Lot 16, which is all Native Area on the current map. This would be inconsistent, however, with the intent to protect wetlands as there are no wetlands on the subject property. Findings of Fact: 1. The designation of the above property as Improved Subdivision (IS) rather than Native Area (NA) will be consistent with Section 9.5-213, Purpose of the Improved Subdivision District, and the uses allowed within the district, Section 9.5-242. 2. The determination was based on the following relevant data: The zoning maps in exi stence before the Land Use Plan show both lots as RU-1. The adjacent platted road to the south, Ferrera Street, is an existing paved road. The property is located entirely wi thin an upland area of tropical hardwood hammock habitat. , . t The intent of the NA district was to preserve the existing mangrove and transitional wetlands south of this site. The NAilS boundary line is intended to follow the existing wetland/upland line. 3. Analysis of the existing uses on the property and surrounding properties indicate that the essential neighborhood characteristics support the determination to designate these two lots as IS. Attachments: 1. Application 2. Staff Reports from Environmental Resources Division 3. Current Land Use District Map 4. Aerial Photo 5. Zoning pre-1986 6. Land Use District Map effective Sept. 15, 1986 (Pattison) 7. Proposed boundary change ,4 APPLICATION FOR LAND USE DISTRICT MAP DETERMINATION Dennis Kellner 115 Stirrup Key Woods Rd. Marathon, FL 33050 KEY Grassy MM 58 OCEANSIDE OR BAYS IDE? Bayside SUBDIVISION Crain's Subdivision PLAT BOOK 1 PAGE 51 BLOCK 41 LOT(S) 1, 16 MISC. LOCATION INFORMATION <ATTACH EXTRA SHEET IF NECESSARY) APPLICANT ADDRESS PHONE #305-743-4295 REQUEST CHANGE FROM IS/NA TO IS REASON FOR REQUEST: Lot 16 surrounded by IS lots and roads, Lot 1 has both NA and IS on one lot. PRESENT LAND USE: Vacant DESCRIPTION OF EVIDENCE SUPPORTING REQUEST: SIGNATURE DATE , M E M 0 RAN DUM Date: September 13, 1988 Re George Garrett, Coordinator, Environmental Resources Div. Pat McNeese, Biologist, Environmental Resources Div. f7~ Lot 16, Block 41, Crains Subdv.i Kellner--application for boundary determination To From: INTRODUCTION The applicant is requesting a boundary determination for the referenced property on Grassy Key. The property is presently shown on the land use district maps to be entirely within the Native Area (NA) district. The adjacent district to the north is Improved Subdivision. The NA/IS line on this block presently runs through Lots 15 and 1, located north and east, respectively, of the subject lot. A boundary determination for Lot 1 has been reviewed by this division and is currently being processed fur- ther. The recommendation of the biologist was that the Improved Subdivision district should include Lot 1 entirely. SITE DESCRIPTION The property is located entirely within an upland area of tropi- cal hardwood hammock habitat. The adj acent platted road to the south, Ferrera Street, is an existing paved road. The adjacent platted road to the west, Avocado Avenue, has never been cleared or constructed. EVALUATION It is felt that the intent of the NA district was to preserve the existing mangrove and transitional wetlands south of this site. Therefore, it appears that the NA/IS line is intended to follow the existing wetland/upland line with IS encompassing the entire upland area. Since Lot 16 ie located entirely within the up- lands, it would be included in the IS district based upon the assumed intent. RECOMMENDATION It is recommended that the referenced property was intended to be included within the Improved Subdivision land use district. J M E M 0 RAN DUM Date: October 12, 1988 To George Garrett, Coordinator, Environmental Resources Dept. \ Ol~ Pat McNeese, Biologist, Environmental Resources DePt.J?~ 1 , Lot 1, Block 41, Crains Subdv.; Kellner--app1ication for boundary determination From: Re ----------------------------------------------------------------- INTRODUCTION The referenced property is located within two land use districts on the official land use district maps: Improved Subdivision (IS) and Native Area (NA). The applicant requests a determination of whether this property actually does fall within two districts. SITE DESCRIPTION The property is located ner of Ferriere Street, road under construction. upland area with tropical within a platted subdivision on the cor- an existing road, and Lemon Avenue, a This lot is located entirely within an hardwood hammock vegetation. EVALUATION It appears from examining the land use district maps that the intent of the NA/IS line is to follow the wetland/upland line on site. This is apparant because the entire upland area is includ- ed wi thin the IS district whether there are existing roads or not. Since this particular lot falls entirely within uplands, it would appear that it was intended to be included entirely within the IS district. RECOMMENDATION It is recommended that this property be considered to be entirely within the Improved Subdivision land use district. cc: Ty Symroski Jeanne DuBois !.;$ , , , , , , , / / .c; / '\ / '\ < '\ ,'\ '\ , , , , " '\ ",,'I. , , , , , , , , '\ , .... ,', " , , " , , '\ , , , , , , ' , , , , , " , .... , , 'I." '\ , , , ,"'I. , . ' , , .... , .... , '\ .... .... , .... , .... , .... .... .... it , . ' , , , N Land Use District Maps Monroe County, Florida Ja.....ary 19,1988 Panel or Sheet# ;z/!: Appllc ant: J)PrJni >' !!elIne, Key: ~I!A~~'( .ef-l' G,-'-'" ~ eYI LI J../b Flle:# CeJ4,:v.:. ~-$~(/)j/4Ai _ 1"- 200' I Mile Marker: 5J ":j~..--,;_.~;~\' ~'" ~ '-,' - .1-~~:~_ N I 1-.100' f Panel or Sheet# C,b AppUc.nt: Dt.-?JMS 1:.C-UN6e Key: (,etK~ 'r" ICty &'fI,L/J,-/C:, File # C.eH/NS S(/~f)/vISI.l".) Mile "'r.r: ,<;x -------- . - / Monroe County Zoning Maps Pre-September 15,1986 ~' // /' /' ~ V N I 1": ZOO' i Panel or Sheet#: 232-;;H,:!- Appll cant: f)bJ/,g ~€t.t.;Joe Key: GR~S~ Y Iret{ ,$ 'II) L I, ...1'" File #: (1!-~/,v'S r,;8PlvtS'I*-'" -- Mile Marker: s-f r I / ~'.') h~~'/ ,~ ~< - ~ // C>' ' /r '\,/ /) // \ / ,/ J- / /// I /.( ~J ^>/ I / - ~- // I (. ,-:-v ,/ / ,I/: ( '" /" , " 'f' /35 ' / \ ~, / (~ / ,." 1 .' )~~\"/ / 'r// rS<,..' '"--~. /, /\/ - ~/ . / "'/ . \ /' --:-y-, ,,). / // k' /-_.,.~'- - -\ ../ /><: ./ / "" -''--- I ./ / \ /r , "" " \. ,// :// / _ ", //><'" '\ \ ") // / ~ ) ,) '-""c' . / \ "{" '- ~/ / ~\ \l ~~V~\ l x / I / L- ,NA N , ,.. ' \. ,/ '" // " ,/' ,,-\...~..\ ,/ ,.,., ,/ .~ /' , ,A, " .. / . ~. ,/'/. I ,,/ .; Land Use District Maps Monroe County, Florida Approved by B.O.C.C., February 28,1986 'l { 6 'f I L I J L lib Panel or Sheet# joL c .;2/ Flle:# ~h_$'~~p"ny",,j App II cant: Dr/7n ;5 K'aL/1lf:-ze Key: (4,Mslf Kh/ , ~' . +- s...J... ~C:J 0~ @ I 1"2600' I Mile Marker: S'f ",J "'\ .... ...., , , , , , , , ,. ,. ,. / ./ ,. '" ,. , ./ , ,. , // , .,0( ,. " ,. , < , , , , , , , , , '" , , " " " , , , ... .... " , , , , , "- , .... ...., ...' , , , , " , " , ' , ' " ' , ' , ' " ~ , , , , ,.., " " " ,'" , . " , " , " , " , , , , , , ~ " , , , . ' , , , Pur.uant to Section 9.5-24(a)(2)(h) of the Monro. County Cod., the boundarl.. of the land u.e DI.trlct Map are Interpreted to be located a. Indicated above and briefly described aa: fvbvP- the IS/NA 'hom",riry tn inr'lllnp Tn+~ 1 rinn lh in +111" TS oistrict as shown. N ~ Director, Growth Management Sheet # 215 Key GrAssy Date BOCC Re.olutlon 1"=200'