Resolution 005-1992
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RESOLUTION- NO.
005
-1992
A RESOLUTION CONFIRMING THE ADMINISTRATIVE
BOUNDARY INTERPRETATION' OF 'I"FIK PLANNING
DIRECTOR IN LAND USE DISTRICT MAP BOUNDARY
INTERPRETATION. NUMBER 80, LOTS 14, 15, 16, &
20, BLOCK 7, THOMPSON' S SUBDIVISION~, KEY
LARGO, MONROE COUNTY, FLORIDA; APPROXIMATELY
MILE MARKER 99.
WHEREAS, the property described as Lots 14, l5, 16, & 20, Block
7, Thompson" s Subdivision, Key Largo, MOI?Ioe County, Florida, are
currently zoned Suburban Residential. (SR) and Improved Subdivision
( IS); and-
WHEREAS, the current. Land Use distric_t boundaries which indicate
that the property is SR and IS, were placed in error with the adop-
tion of the September l5, 1986 Land Development- Regulations, and
therefore the subsequent maps were also in error, as they did not
follow the vegetative boundary as determined. by Robert Smith, Mon-
roe County Senior Biologist, during. his on site inspection; and
WHEREAS, the staff recommends approval of~ the boundary changes
as indicated in Staff Recommendation by Ty Symrosld and. Tiffany
Stankiewicz dated December 23, 1991; and
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA THAT:
1) The action of the Planning Director, which recommends approv--
al of a boundary change in Land Use District Map Boundary Interpre-
tation Number 80, dated December 23, 1991, is_ hereby found to
be in co~forrnan("'e with t:'1e s+-andards set forth in Section 9.5-3(rn),
Monroe County Code; and is therefore approved; and that
2) The above described property should have been originally
designated as Suburban Residential and not Improved Subdivision as
currently indicated; and that
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 7th
day of
January
, A.D., 1992.
Mayor Harvey
Mayor Pro Tern London
Commissioner Cheal
Commissioner Jones
Commissioner Stormont
Yes
Yes
Yes
Yes
Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
. .. ~
\..k) . ~.J --- ... 1.AI' ..~.
By' . - -
, ~ Mayor/Chairman ~
(SEAL)
Attest: Danny L. Kolhage, Clerk
By,-L2~'~f
Deputy C rk
Ie}'
2
MEMO R AN DUM
To
Board of County Commissioners
Lorenzo Aghemo, Planning Director~
Robert Herman, Growth Management Director~
From
Through
Reference
Boundary Interpretation *80
Date
December 23, 1991
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
I have reviewed the Land Use District Maps and the complete
file from the attached boundary determination No. 80, and consid-
ered the recommendation submitted by the Development Review Coor-
dinator. And pursuant to Section 9.5-24{a) I have interpreted
that the boundary line for the property legally described, as Lots
14, 15, & 20, Block 7, Thompson's Subdivision, Key Largo are
included within Suburban Residential Land Use District (SR) desig-
nation; and that Lot 16, Block 7, Thompson's Subdivision, Key
Largo is included within the Improved Subdivision Land Use Dis-
trict (IS).
MEIvlORANDUM
To
Lorenzo Age-hmo, Planning Director
Through:
,.'--,
Ty Symroski, Development Review Coordinator/!
From:
Tiffany Stankiewicz, Planning Technician
Date:
December 23, 1991
RE:
Boundary Determination #80; Block 7,
Subdivision, Key Largo, mm 99
An application for a Boundary Determination has been completed.
Listed below are the recommended findings & conclusions.
II SUMMARY OF INFORMATION AND DOCUMENTARY EVIDENCE- (ATTACHED)
A copy of Paul Cohen's Development Approval Application for
the transfer of development rights to build three single
family units.
Boundary Determination application by the Planning Depart-
ment.
A copy of the Land Use District Map PROPOSED.
A copy of the REDI Strip Maps, 24th Edition, 1989, page 215.
A copy of the REDI Aerial Photo Map Atlas from the 25 Edi-
tion, dated 1990, at a scale of 1" = 600', page 91.
A copy of Monroe County Zoning Maps Pre-September 15, 1986,
page 318.
A copy of the Land Use District Map signed by Charles
Pattison, page 16.
A copy of the Land Use District Map signed by Donald Craig,
page 134.
A copy of the Existing Conditions Map of the scale 1" =
2,000', page 6, dated July 2, 1985.
A copy of the Florida Department of Transportation aerial
photograph, dated December 1985, sheet 267.
A copy of the vegetation code from the Existing Conditions
Maps.
A memorandum dated November 5, 1991, from Robert Smith,
Senior Biologist
III RECOMMENDED FINDINGS OF FACT
BMETRO.Ol/TXTDR,December 23, 1991
Thompson's Subd., Block 7, Lots 14, l5, 16, & 20 are partly
in the Improved Subdivision (IS) and Suburban Residential
(SR) Land Use Districts according to the Land Use, District
Maps signed by Donald Craig.
The previous zoning (before September 15, 1986) of Block 7,
of Thompson's Subd. was RU-l.
New Metropolitan Federal Savings & Loan Association is the
property owner of Lots 14, 15, 16, & 20, Block 7, Thompson's
Subd., Key Largo. Mr. Cohen was requested by the Planning
Department to have a determination processed by the Depart
ment to determine where the IS and SR boundary exists.
Based upon the review of the records, the Board of County
Commission did not specifically consider this site during
the preparation of the Land Use District Maps.
Robert Smith, Monroe County Senior Biologist, made a site
visit to Thompson's Subd. to determine the vegetation type
of area. The parcel is part of a largely undeveloped tract
of land which is a mixture of tropical hardwood hammock,
saltmarsh and buttonwood communities and open water in the
form of a pond. For characterization of the area please
refer to the existing conditions map #267. The character of
the lots being requested for review was basically a transi-
tional area which graded from a tropical hardwood hammock
into a saltmarsh community. A large number of the lots with-
in this subdivision fell on the dividing line of the IS/SR
district boundary line. Ten of the lots reviewed were par-
tially in the IS and SR district.
The subdivision does not contain any roadways within the
areas requested for review. Since, no roads are present
or any infrastructure whatsoever, the ability to access or
develop most of the lots would be difficult. Most of the
subdivision is wetlands. The designation of SR more ade-
quately reflects the environmental constraints of the land.
The Official Land Use District Maps signed by Charles
Pattison are imprecise, because the maps do not denote prop-
erty lines and the maps relied on the Existing Conditions
Maps which are I" equals 2,000'.
The IS district is intended to cover platted lots. There-
fore, it is incorrect for a lot to be only partly IS. A lot
should either be all IS or entirely some other land use dis-
trict. Therefore, a boundary determination is necessary to
establish the location of the IS/SR boundary in relationship
to the property lines of the lots.
BMETRO.Ol/TXTDR,December 23, 1991
Monroe County Section 9.5-24, s~ates that the Planning Direc-
tor is to render interpretations for boundaries of the offi-
cial land use district maps.
IV RECOMMENDED DETERMINATION
Thompson's Subdivision, Lot 16, Block 7 should be- designated as
IS, and Lots 14, 15, & 20, Block 7 should be designated SR.
The lots in this area that do not abut an existing road or have
utility service do not meet the criteria for the designation of
IS, and should probably be designated as SR. However, the prop-
er procedure for changing the zoning designation would be a Map
Amendment.
The Boundary Determination is recommended for approval as stipu-
lated above.
BMETRO.01/TXTDR,December 23, 1991
Planning Department
88800 Overseas Hwy. Rt.3
Tavernier, FL. 33070
MEMORANDUM
To : Robert Herman, Asst.County Administrator, Growth
Management, Acting Director, Environmental Resources
Lorenzo Aghemo, Planning Director
From: Robert Smith, Senior Biologist, Environmental Resourc-
es kS~-
Date:November 5, 1991
Re :Boundary Determination # 80, Thompson Subdivision,
Section 32, Township 61, Range 39, Key Largo, SR/IS Bounda-
ry, Blocks 7 & 11
- - - - - - - - - - -
- - - - - - - - - - - -
INTRODUCTION:
Pursuant to your directive an inspection was performed
on the above referenced parcels. The purpose for the inspec-
tion was to delineate the boundaries of the IS land use
district from the SR land use district. The request for
clarification was at the behest of the planning department.
All boundary determinations should be reviewed by the Direc-
tor of Planning and the Board of County Commissioners pursu-
ant to the Monroe County Land Developement Regulations.
SITE AND PROJECT DESCRIPTION:
The site in question was inspected on 10-10-91 as well
as numerous times in the past few years. The parcel is part
of a largely undeveloped tract of land which is a mixture of
Tropical Hardwood Hammock, Saltmarsh and Buttonwood Communi-
ties and open water in the form of a pond. For characteriza-
tion of the area please refer to the existing conditions map
# 267. The character of the lots being requested for review
was basically a transitional area which graded from a tropi-
cal hardwood hammock into a sal tmarsh communi ty. A large
number of the lots within this subdivision fell on the divid-
ing line of the IS/SR district boundary line. Of the lots
reviewed 10 were partially within the IS district and par-
tially within the SR district.
The subdivision does not contain any roadways within
the areas requested for review. Since no roads were present
nor any infrastructure whatsoever, the ability to access
most of the lots would be difficult. Most of the subdivision
is wetlands and the probability of filling any given lot to
the degree necessary for building a single family home would
not be high. The designation of SR more adequately reflects
the environmental constraints of the land.
The area specifically contains vegetation indicative of
wetlands. Large numbers of orchids, bromeliads and spanish
moss are found here. The location of the pond adds a unique
biological community character to the area.
RECOMMENDATION:
The biologist recommends that the district boundary
line be amended to conform with the true existing conditions
of the parcel. The SR district should be expanded to include
in their entirety the following lots:
Block 7 : Lots 14, ~5, 18, 19, 20
Block 11: Lots 1, 5, 6, 8, 10, 11, 12, 13
cc. Tiffany Stankiewicz
The subdivision does not contain any roadways within
the areas requested for review. Since no roads were present
nor any infrastructure whatsoever, the ability to access
most of the lots would be difficult. Most of the subdivision
is wetlands and the probability of filling any given lot to
the degree necessary for building a single family home would
not be high. The designation of SR more adequately reflects
the environmental constraints of the land.
The area specifically contains vegetation indicative of
wetlands. Large numbers of orchids, bromeliads and spanish
moss are found here. The location of the pond adds a unique
biological community character to the area.
RECOMMENDATION:
The biologist recommends that the district boundary
line be amended to conform with the true existing conditions
of the parcel. The SR district should be expanded to include
in their entirety the following lots:
Block 7 : Lots 14, \5, 18, 19, 20
Block 11: Lots 1, 5, 6, 8~ 10, 11, 12, 13
cc. Tiffany Stankiewicz
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Pur...nt to Section 9.5-24(a)(2)(h. of the Monroe County Cade,
the boundarle. of the Land U.e DI.trtct Map are Interpreted to be
located a. Indicated above and briefly de.crlbed a: Mr",o h,..."nt'l",,...,
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so, that Lot 16,Block 7, Thompson's Subd. is in the
IS zoning district: and move boundary so that Lots 14,
15. & 20, Block 7, thompson's Subd. are in the SR
zoning district as shown above.
~
Director of Planning
Sheet# 1 ~LI. Key Larqo
Date
BOCC Re.olutlon
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January 19,1988
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Key: Largo
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Approved by B.O.C.C., February 28,1986
Panel or Sheet# 16 Flle# 80
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VEGET A TION
CODE
NAME
411
421
500
812
820
.40
841
710
740
740J
740.1
740.1
1.0.4
740,5
aLASH PINEL AND
TROPICAL HARDWOOD HAIIMOCk
OPEN WATIII
fRUI... MAlleROya.
... U..ROW'
ULT MARSH. BUTTONWOOD ASSOCIATIONS
~RESHWATER WETLAND'
BE ACH (WITH : ASSOCIATED HRM)
DlSTURIED
DISTURIED WITH HAMMOCI
DISTU..IED WITH .......OYI
DISTURIED WITH UL T MA.'H. BUTTONWOOD
DISTURIED lEACH IIE.M
DISTURIED WITH EXOTICa
MONROE COUNTY
GROW'11I MANAGEMENT DIVISION
Address:
1)
'1', ~~b ,~ ~-,.;r
Phone Number:
Phone Number: Home:
Property Owner(s):
Address:
Office:
2) Contractor Name/Title: ALn',b" V. II 0 let. ·
Firm: trraA~T,c.. i!;UL.F.
Address: a.f-08G. EL. P~4bO (lI.&I~' M,.... .~. '31""3.
Phone Number: Home: (!or} '''U r~ Office:' ~ tt~:~~~ :k.~""o'
3) Agent Name/Title:
Phone Number: Home:
Office:
fH
U
Firm:
Address:
4)
Legal Description of Property:
NA
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~lc.n", ~ LI
~k: ~
HM:~ Planning Area:
,~
HAY? ,') 10"" 1
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PLAN,,,, 0.'. blON
BY '-.
Subdivision:
~-~~Jt:./
Key: I( e.., U,tt.., 0
Section: '-I-
Township:
Range:
~
If in metes and bounds, attach legal description on separate sheet,
~
5)
Parcel Identification:
Real Estate (RE) Number(s):
'fb~~6 ~
6)
\ '
Street address of property, if applicable, Bnd general location description.
~uTl) ~;I~ o./- ~e~ a"y' ~~ M.t.i. 'flf.'.-
t3y I('AW~, Y#tI.Ifr au..a. S~ If.*,> $"j
, r
Flood zone:~~~ Elevation: Map panel number:
7)
8)
9)
5~
Land use district(s):
Adjoining land use districts: S It.
.
10) Describe the proposed use or proposed project: ~S'N"&.a ~,"'t--
_Vwir~ ·
11) Number of units to be built: ~
12) , Present use of the property:
'MPry l.oT:
13) Use or vegetation shown on the existing conditions map:
G"'~~ 6~ v-,.lili.... SMlf ~ ~. *O"Y~'
14) Land uses of all adjoining properties: .
15)
~ ~ ,~ ........ O!~ ';fa r';1\
if I'I;~ ~~" ~ fj.. Nr. r~ ;~
an application been submitted for this site within the p~t~~tv ~~ \j 'I.~
- no ~; name of the applicant: .
Has
Yes
16) General ?escription of existing vegetation on property:
o " I. .
,~~".\/ ~: '0(")1
MO~'J~CE ;~GUNTY
PLANNIN! DiViSiON
BY
17) Provide the following information regarding the proposed development:
1. Will clearing be necessary: _ Yes _No )( Area (sq. ft./acres)
2. Will filling or grading be necessary? _ Yes ____ No ~ Volume (cubic yds,)
3. Building floor area (Gross Floor Ar~a): 2~o sq, ft,
ATI'ACHKENT A
The folloviD3 docUlllents IlUst be included in thiR application for new developBIent,
construction, or renovation:
1. a)
."".
Photographs of site; looking N, E, 5, W from perimeters of property and
from road;
b) A copy of the official plat, if the proposed development is in a platted
subdivision; .
c) A survey prepared by an engineer or surveyor currently registered in Florida,
containing his/her seal and signature, Indicate all existi~g structures,
paved areas, location of all utility structures, bodies of water, docks,
piers, existing grade and mean high water line;
d) A vegetation surveyor habitat analysis, if applicable;
e) A landscape plan:
1. A scale of 1 inch = 20 feet, one acre or more 1" = 40 ft,;
2. Property lines;
3 . D imens ions;
4. Structures;
5. Existing natural features;
f) Drainage plan showing final. site grading with existing proposed topography
prepared by a registered engineer, currently licensed in Florida, in accor-
dance with the drainage ordinance;
g) Elevation drawings of all structures (existing and proposed) with the eleva-
tion referenced to USGS datUIII of the following features: existing ground
surfaces finished grade, top of foundation, floor elevation, roofline, and
high.st point of the structure;
h) Traffic study (if applicable) in accordance with the Traffic Study handbook;
i) Phasing schedule (if applicable).
2.
Site Plan
(a) A scaled site plan (at a JDinimum scale of 1"= 20 ft. for projects of less
than one acre, IIt= 40 ft. for projects of 1 acre or more) including
but not limited to, the following requirements:
1) All area dimensions to be shown on the plan of all existing and proposed
structures. Include all adjacent property and roadways on site plan and
. out side dimensions of entire percel;
2) Setbacks;
3) Parking and loading zone locations and dimensions;
4) Landscape plan and any open space preservation areas;
S) Improvements for the handicapped according to state requirements;
6) ~:~~ulations for open space ratios, floor area ratios, der-~-* F~fn~~t~ '
7) Sisn locationa and sizea (s.para.. application reqUir~;r ~ _;"" ". ,;.;; ,( ~
8) Outdoor light ing location and type; . \ ~'J; t.:{; ,~J:;: L: ';I .. U
9) Mean highwater line and shoreline;
10) Extent and area of.wetlands, including mangroves;
11) Conceptual floor plans - scale 1/4" = 1';
12) Provision for solid.waste separation, storage, and
b) An 8 1/2" x 11" complete site plAn and location map,
lAf\V <) f) ~QOl
IT!,.....; ;.-.. - !..J...#
removal, _ ~." '""U ~ .-r-'I
MONRut. '_'\..1 :', I .
;LA~G CiV:SiCN
18)
Do you intend to transfer development rights ~Rs) in order to develop the
property (for conditional uses only)? ~ Yes ____No
(TOR application must.be filed 30 days prior to application for Development
Approval. )
19)
Do you intend to apply to defer impact fees under the~ffordable housing provi-
sions of the land use regulations? ____ Yes ~ No (separate application
required)
20) Will employee housing be provided? ____ Yes
No
v
Number of Units
21) On a separate sheet, please provide the names and addresses of the adjoining
property owners. For conditional uses: Provide the names and addresses of
all property owners within 300 feet of the borders of your property as shown on
the current tax rolls (located in property ~ppraiser's office), noting
those that are adjoining property owners.
22) Attach copies of all other agency permits or list all permits applied for on
this site. Please include the applicant's name on each permit,
23) This application must include all items found on attachments A and B (if appli-
cable) .
I certify that I am familiar with the information contained in this application, and
to the best of my knowledae such information is true, complete and accurate. I fur-
ther certify that I possess the authority to undertake the proposed activities. I
understand that the submission of false information may lead to the denial of Develop-
ment Approval or revocation of a Certificate of Compliance. I agree to comply with
all provisions of law and ordinance governing development whether specified or not.
The granting pf a Certificate of Compliance does not presume to give authority to
viola e 0 disregar the provisions of any county, state, or federal law regulating
co t r r rmance of this development activity.
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Signa:,re ~lican: /
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Signature of Agent
Date
;;/11/q,
Date
Fee submitted (non-refundable)':
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A'ITAcmIENT B
The followiDa is a Ust of construction activities and the necessary sua-ittaIs
required for a building pe~it:
EXCEPTION:
Improvements which do not change the footprint of the existingstructure nor
require construction drawings (examples include central air conditioning and
solar panels), Applications must include a signed and notarized affidavit
stating that the proposed construction will not increase the footprint of the
structure to be improved with this permit.
1) Slabs, screened rooms, porches, and awnings (which expand the bUilding foot
print) :
a) Photographs of the general site and shoreline;
b) A copy of the official plat;
c) A vegetation surveY$ if applicable;
d) A scaled site plan, including but not limited to, the following
minimum requirements:
1) All dimensions of all existing and proposed structures
2) Setbacks, bUfferyard.
3) Elevation points and site grading
5) Hean high water line
e) Construction plans (must meet FIKA regulations)
- f) Florida Department of HIS approval (health department)
2) Improvements which require construction drawings, but do not change the
footprint of the exiating structure(examples are ground-level enclosures, re
pairs, awnings, and outdoor lighting):
a) Photographs of the general site;
b) A scaled site plan, including the following minimum requirements:
1) All dimensions of existing and proposed structures
2) Setbacka;
c) Floor plan and section drawings; .
d) Construction plans which comply. with Federal Emergency Management
Administration (FIKA) regulations.
3) Fences
a) Photographs of the general site;
b) A copy of the official plat;
c) A vegetation survey, if appl~cable;
d) A scaled site plan, including the following minimum
1) All dimensions of existing structures
2) Proposed location of fence,
requirements:
TXTPLANN: FRMDVLMT,APR
CG/stac
1/31/89
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3) Coordination with local relional, atate, &ad federal alenciea ia required for
all develop.ent; ao.. or all of these alencies listed below ..y be included in
the developllellt revi_ (a list of contact people, phone nUllbers and addr..ses is
available on request ~t district offices):
a) Florida Key Aqueduct Authority (FIAi)
b) Florida Department of Health and Rehabilitative Services (RRS)
c) Florida Keys Electric Coorperative (FlEe)
d) Fire Harshall - a letter of coordination from the Monroe County fire
marshall for multi-family, commercial, and industrial developments.
(Construction plans must be reviewed and approved by the Monroe County fire
marshall prior to issuance of the building permit for multi-family,
commercial, or industrial development).
e) Florida Department of Transportation (FDOT)
f) South Florida Water Hanagement District (SFWKD)
g) Florida Department of Environmental Regulations (DER)
h) Florida Department of Natural Resources (DNR)
i) Florida Game and Freshwater Fish Commission (FGFWC)
j) U.S. Army Corps of Engineers ~
k) U.S. Fish and Wildlife Service .
It will be necessary for" you' to"eontact these agencies and, if required, apply for":'
and receive a permit prior to submitting an application. You may wish to obtain the
assistance of the planning department in determining which agencies are to be includ-
ed in this review.
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