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Resolution 693-1988 RESOLUTION NO. 693-1988 Planning Department A RESOLUTION AMENDING THE RESOLUTION NO. 584-1988 WHICH CONFIRMED THE ADMINISTRATIVE BOUNDARY INTERPRETATION OF THE PLANNING DIRECTOR IN LAND USE DISTRICT MAP BOUNDARY INTERPRETATION NUMBER 14,CRAINS SUBDIVISION LOTS 3-8, BLOCK 55,IN ORDER TO CORRECT A CLERICAL ERROR 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 14 dated October 31, 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 20 day of December, A.D., 1988 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By //I~~4~y Mayor/Chairman (SEAL) Attest:DANNY L. KOLHAGE, Clerk 4~~~~~ "f U ),lNnOJ 30~NOW J )-11~! )'il~) , 0'.1, '.~~VO APPR(')\I~!1 AS TO FORM (z: 6tt 8l 3lJ .. OtiOJ3d dO.:1 031/.:1 ,I-!./;.'t'., 'r -to" r B&~t7q;"'C~ FROM: M E M 0 RAN DUM Randy Ludacer, County Attorney \ J Donald L. cr~i~'...AsSiSy.nt ..~o.~nty Management D1v1s1on November 18, 1988~' ,1/' Administrator, Growth TO: DATE: SUBJECT: Schwicker Boundary Determination The intent of the boundary determination, as was discussed with Mr. Schwicker just a few days before the BOCC meeting, when the action was taken was: to include Lot 5, Block 55 in the IS dis- trict conditioned with Unity of Title reflecting that lot 5 in and of itself is not buildable. The Memorandum as you pointed out that included lot 5 in the NA district also, was due to cleri- cal error. The Memorandum was revised just prior to the BOCC hearing and lot 5 was inadvertantly left in. I have enclosed a new corrected Memorandum. Please advise if we need to put this back before the Board for a simple clerical error or if the cor- rection can stand with the resolution. / ( r-~\ tv i )'v \\ i'V' V F'~ (i ~- /' I~J {I (t~ ~, 1.; i I ( , \ 'f\ ,.."'. .. ~"-.. ) / ',' I-l l. j!-'j,/ 'y/ A Ii ) ;,\.' r. II} C/}" ( I' v ~J, (2, \j / I~"~j ~ jf: 1P ~da~~ COR R E C TED 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: Planning by:Jeanne DuBois SUBJECT: Boundary Determination for Grassy Key, Crain's Subdivi- sion, Block 55, Lots 3-8 MEETING DATE: October 18, 1988 Previous Relevant Board Action: / / ( ) Referral: Yes____No X Commissioners District Recommended Action:lt is recommended that the NA/IS line be drawn along the south boundary of Lot 5 thereby including Lots 5, 6, 7 and 8 in the Improved Subdivision district, and Lots 3, 4, in the Native Ar- ea. This would include a condition to be placed on lot 5 that it be unified to reflect that it is not buildable by itself. Summary of Request/Report The property owner requested that Lots 3 through 8 be inspected in order to determine the placement of the bounda- ry line between the IS and NA land use districts. The biologist made a site inspection and determined that Lot 6 could be included in the IS land use district and approximately 24 feet of Lot 5. An additional condition has been proposed that would allow lot 5 to be included as well. Action by: Ordinance X Resolution Citizens Committee Statement Yes X No Attached Agreement/Contract - No. 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 N/A Budgeted___Yes___No Will Proposal Require Additional Personnel? X No If Yes State Number____ Permanent___ Temporary___ Other Board Policy(ies) Applicable Planning Commission Action Taken____Yes Date X N.A. Alternatives:The NAilS line could be drawn along the northern boundary of the pure, undisturbed wetland area. This would place the line approx- imately twenty-four feet south of the south boundary of Lot 6. This would result in a lot being included in the IS land use district which did not have sufficient uplands for development, and would be inconsis- tent with the Purpose of the Improved Subdivision landuse district. Attached Documentation X Yes No Donald Craig ACA/Growth Management Randy Ludacer County Attorney William Schwicker - Lots 3 through 8, Block 55, Crain's Subdivision re: ResR/tLio~ No. 584-1988 and supporting Memorandum ' ) /, - November 15, 1988 ~ ,\,~----- OHv~!: ~"~~3~~E 13051 294.4641 REPLY TO : 310 Fleming Street, Room 29 Key West, Florida 33040 MEMORANDUM TO: FROM: SUBJECT: DATE: BOARD OF COUNTY COMMISSIONERS Jerry Hernandez, District 1 MAYOR Gene Lytton, District 2 Wm. Billy Freeman, District 3 Mayor Pro tem Mike Puto, District 4 John Stormont, District 5 At the request of Mr. Schwicker, I have reviewed the supporting Memorandum attached to the above-referenced Resolution and find that Lot 5 of Block 55 has been zoned both Improved Subdivision and Native Area. I would appreciate your rectifying this situation and advising me as to what disposition you have made. Thank you for your cooperation. RL/pr --"-/- ( ,/ .. , M E MORA N 0 U M DATE: October 31, 1988 TO: Monroe County Board of County Commissioners RE: Donald Craig Boundary Determination for Lots 3 through 8, Block 55, Crain's Subdivision, Grassy Key FROM: ----------------------------------------------------------------- Background: The applicant referenced lots. use districts: The NAIIS line district maps. April 28, 1988. has requested a boundary determination on the This property presently lies within two land Native Area (NA) and Improved Subdivision (IS). presently runs through lot 6 on the land use A site inspection of the property was made on Recommendation: It is recommended that the NA/IS line be drawn along the south boundary of Lot 5 thereby including Lots 5, 6, 7, and 8 in the IS district, and Lots 3 and 4 in the NA. To insure that lot 5 is buildable, which it doesn't appear to be by itself, we would condition this recommendation on unifying lots 5 and 6. Alternatives: '. .I The NAIIS line could be drawn along the northern boundary of the pure, undisturbed wetland area. This would place the line approximately twenty-four feet south of the south boundary of Lot 6. This would result in a lot being included in the IS land use district which did not have sufficient uplands for development, and would be inconsistent with the Purpose of the Improved Subdivision land use district. After meeting with Mr. Schwicker, owner of the lots in question, we have decided a second possibility exists. We have told Mr. Schwicker that we would be willing to redraw the NA/IS boundary at the south side of lot 5, if, he unified lots 5 and 6. Thus designating lot,S as IS" as well as, lot 6 would not create an unbuildable lot. Findings of Fact: 1. The designation of the above property as Improved Subdivision (IS) rather than Native Area (NA) will be consistent with the purpose of the Improved Subdivision District, Section 9.5r205, and the uses allowed within that district, Section 9.~-234. 2. The determination was based on the following: .1 . , .'-: -t4 ~";.\o_~, ___."~~4J ,- ( Lot 7 and 8 are vegetated with low hardwood hammock and are in the IS district on the current land use district map signed by Donald Craig. The IS/NA boundary cuts across Lot 6. The approximate northern forty feet of Lot 6 is vegetated with the same type of hammock vegetation found on Lots 7 and 8. ' The approximate southern twenty approximate northern 24 feet vegetation of a more wetland buttonwoods being the dominant south side of this area. feet of Lot 6 and of ToOt 5 contains character with large woody species at the South of this is an abrupt change to pure buttonwood association and south of this an abrupt change to mangroves changing to open water. Although the buttonwood/upland mix area could be included in the IS designation, it would still be subject to environmental design criteria for permitting purposes. 3. Analysis of the existing uses of the property and surrounding properties indicate that the essential neighborhood characterisitics support the determination to designate Lots 6, 7 and 8 as Improved Subdivision (IS) and Lots 3, 4 and 5 as Native Area (NA). '. J Attachments: 1. Application 2. Current Land Use District Map 3. Aerial Photo 4. Land Use District Map effective Sept. 15, 1986 (Pattison) 5. Staff Report from Environmental Resources Division . , , . , ~ .! "!tIt' '. - -. Planning Director RESOLUTION NO. 584 -1988 A RESOLUTION CONFIRMING THE ADMINISTRATIVE BOUNDARY INTERPRETATION OF THE PLANNING DIRECTOR IN LAND USE DISTRICT MAP BOUNDARY INTERPRETATION NUMBER 14, Crains Subdivision, Lot 3-8, Bl 55 BE IT RESOLVED BY THE BOARD OF COtmTY COMMISSIONERS OF MONROE COUNTY, FLORIDA that: The administrative decision of the Planning Director in Land Use District Map Boundary Interpretation Number 14 dated 9ctober 17, 1988 attached and incorporated by reference, is hereby acknowledged, found to be in conformance with the standards set forth in Sec. 9.5-3 em). Monroe County Code, and . . approved. .1 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 1st day of November , A.D., 1988. BOARD OF COUNTY COMMISSIONERS OF MONROE COtmTY, FLORIDA By gr~~~ Mayor n (SEAL) - Attest:DANNY L. KOLHAGE, Clerk -.,O~-~~~.~ CLer ,I "';1 J) ~Jn(L })HHOW 1 j l", " 1 :..' ,~/, ; ,...;'\,WO EO: 17 d L - hON SR. APPROVED AS TO fOro.(/. om~:~ Attomey-. Offic. GbJ~~':l WV.:.l JJ11.=f RW/jh ~J ,.,:,~-itr~;_~: -. "jr:fj '-.--"".--- - .. .1 '~7 sf )/ ; . .1 .... ./ N ~ 1--100' J /' <. / 1]77 - "" ./ /' /' /' /" ... Land Use District Maps Monroe County, Florida Approved by B.O.C.C., February 28,1986 Panel or Sh..tift I;) ~f ,</ FU.# ~Arlfll.; P,I.KS5" .L.Tj'-g Applicant: <'If:fwICi:~~ K.y: (-,/"1 ~s y @ . t. . , ...,. Mark.r: ~f ____ ,I .-,;;;-,'--. '. N , 1-.800' i Aerial Maps, Monroe County, Florida Real Estate Data, Inc. :.~IZJ) Edition, 19 ~'1 ! ; Panel or Sheet# 0S' Applicant: ~C~U.JI c,.-:C;-,{ Key: li-1.P-Hf File # -5;f,~"'J'> ~tK~~ tT3-L Mile Marker: sc-- :l ,..~:...,.., ; .-~""''''''~"' ," ~-, ~'.~c." .>>,'~~ . _, '< r ( " , \ """....... \ ,./~ ....... , ...... ~ ...... .,....... ~,......, ...... v.............~~...... ...... ~ ,<............. ......""" ,." v"''''''' ,., ~ ...... 'X<' .,., ...... ,., ~ """,......'> ,.,""" '/. 4 ...... ...... ...... $V' ...... ,<.......,., ......""" ,., ,., V ...... · ~> ~tA/.: , ,.nI, LMCI' DM /' /' /' N Land Use District Maps @ . I' , , ~ Monroe County, Florida Jaooary 19,1988 Panel or Sheet # o?/~ FUe# ~~ 131Kss-t..r3-!i' _ ,;~ I ApplJc ant: ~(~wlt;~.e1l.. J 1".200' ~ Key:h~P~t;r Mile Marker: rK ,\ ,,~ ,..,.. '" ., F ( . '. FROM: M E M 0 R h N DUM ~ard of County Commissioners onald L. Craig, AICP, Assoc. AIA Assistant County A ministrator for Growth Management Division \ Department: Planning by:Jeanne DuBois TO: SUBJECT: Boundary Determination for Grassy Key, Crain's Subdivi- sion, Block 55, Lots 3-8 '\ MEETING DATE: October t8, 1988 Previous Relevant Board Action: / / ( ) Referral: Yes No X Commissioners Distric~ .. .I Recommended Action:It is re~mmended that the NA/IS line be drawn along the south boundary of Lo~ 5 thereby including Lots 5, 6, 7 and 8 in the Improved Subdivision district, and Lots 3, 4, and_in the Native Area. This would include a condition to be placed on lot 5 that it be unified to reflect that it is not buildable by itself. Summary of Request/Report The prop~ty owner requested that Lots 3 through 8 be inspected in order to determine the placement of the bounda-' ry line between the IS and NA land use districts. The biologist made a- site inspection and determined that Lot 6 could be included in the IS land use district and approximately 24 feet of Lot 5. An additional condition has been proposed that would allGw lot 5 to be included as well. Action bY:___Ordinance ~Resolution Citizens Committee Statement Yes X No - - Attached Agreement/Contract - No. Approved by County Attorney as to LegalitY___Yes_N.A. Standard Form \ Approved by Risk Management_Yes_Not Applicable Approved by Office Fiscal Management . t . . , Funding Source N/A An~ual Cost \. Current Year Cost N/A Budgeted Yes No --- --- Will Proposal Require Additional Personnel? '! 'IF ,,; "J .;ij . , . .. X No If Yes State Number____ Permanent___ Temporary___ Other___ Board Policy(ies) Applicable Planning Commission Ac~ion Taken____Yes (;: Date X N.A. - Alternatives:The NAIIS line could be drawn along the northern boundary of the pure, undisturbed wetland area. This would place the line approx- imately twenty-four feet south of ~he sou~h boundary of Lot 6. This would result in a lot being included in ~he IS land use district which did not have sufficient uplands for development, and would be inconsis- tent with the Purpose of the Improved Subdivision landuse district. Attached Documen~a~ion X Yes No ---- '. J ~ ,I ~ . i . I , ,~,:~:tf ,,;,s..~,Z'~