Resolution 422-1994
F!LED F OF RECOR\'
'93 JM -9 A9:49
Planning Department
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RESf1. ~O' .y Zr42f.
-1994
A RESOLUTION CONFIRMING THE ADMINISTRATIVE
BOUNDARY INTERPRETATION OF THE PLANNING DIREC-
TOR IN LAND USE DISTRICT MAP BOUNDARY INTER-
PRETATION NUMBER 97, PART GOVERNMENT LOTS 1
AND 2, SECTION 23, TOWNSHIP 62, RANGE 38, KEY
LARGO, MONROE COUNTY, FLORIDA, APPROXIMATELY
MILE MARKER 94.
WHEREAS, the property described as Part of Government Lots 1
and 2, Section 23, Township 62, Range 38, Key Largo, Monroe County,
Florida, (Real Estate Numbers #00089000 and #00089020) is currently
zoned Native Area (NA) and Suburban Commercial (SC); and
WHEREAS, the Planning Department was approached by the owner of
one of the subject properties and by the Division of Lands of the
State of Florida regarding a discrepancy in the zoning boundaries
as depicted in the County's land use district maps; and
WHEREAS, the parcels of land are located in the Tropical
Flyways CARL Project; and
WHEREAS, the intent of the Native Area (NA) District 1S to
include and protect the mangroves, wetlands, fresh water wetlands
and saltmarsh buttonwood habitats; and
WHEREAS, the Existing Conditions Maps shows a portion of the
properties along U.S. Highway #1 to be Tropical Hardwood Hammock
(426), Plant/Tree Nursery (10), and Commercial (1); and
WHEREAS, the current Land Use district boundaries which indi-
cate that the property is designated as Native Area (NA) along U.S.
#1 Highway and the existing vegetation is Tropical Hardwood Hammock
(426) I were placed in error with the adoption of the September 15,
1986 Land Development Regulations I and therefore the subsequent
maps were also in error, as they did not follow the previously
demarcated vegetation boundary; and
WHEREAS, the staff recommends approval of the boundary changes
as indicated in Staff Recommendation dated December 51 1994; and
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY I FLORIDA THAT:
1) The action of the Planning Directorl which recommends approv-
al of a boundary change in Land Use District Map Boundary Interpre-
tation Number 971 dated December 5, 1994, is hereby found to be in
conformance with the standards set forth in Section 9.5-3(m), Mon-
roe County Code; and is therefore approved; and that
2) The above described property should have been originally
designated on the zoning maps as Suburban Commercial (SC), in the
area along U.S. Highway #1 where the Tropical Hardwood Hammock is
located. The remainder of the property should have been shown as
Native Area (NA) for those areas which consist of saltmarsh
buttonwood habitatl wetlands, and mangroves, as shown on the at-
tached map (attachment #1). The current maps therefore incorrectly
show the boundaries of these areas as seen in attachment #2; and
that
2
3) The above conclusion of law, is predicated upon the finding
of facts and conclusions outlined in the staff recommendation which
this Board hereby adopts as its own.
4) The Clerk of the Board is hereby directed to forward a
certified copy of this Resolution to the Monroe County Planning
Department.
5) 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 regular meeting of said Board held on the 14th
day of
Decanber
, A.D., 1994.
Mayor Pro Tern London
Commissioner Douglass
Commissioner Harvey
Commissioner Reich
Mayor Freeman
yes
yes
yes
yes
yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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By:
May /Chairman
(SEAL)
Attest: Danny L. Kolhage, Clerk
By, #p-UJ~r:rr-'L)
Deputy Cler
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Pur....nt to Section 1.5-24(a)(2)(h) of the Monro. Count, Cod.,
the boundarla. of tha Land U.a Ol.trlet Map ara Intarpratad to ba
loeatad a. Indleatad abova and brl.fly da.erlbad u:
Move the SC/NA boundary so that the new boundary foIl ws
the Tropical Hardwood Hammock as shown on the existin
conditions aerial map.
Director of Planning
Sh.at# 146 Kay Largo
Data
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CORRECTED
EXHIBIT # 1
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Land Use District Maps
Monroe County, Florida
Ja.....ary 19,1988
Panel or Sh..t# 146
Applicant: Planning Department
K-V: Larqo
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FlI.# q7
Mil. Marker: 94
EXISTING
EXHIBIT #2