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Resolution 103-1992 F4:LEC1 ~""\ r" (" t) P '92 MAFi 25 P 4 :11 Planning Department ~"';' l' UN:l FU,. RESOLUTION NO. 103 -1992 WlNROr- A RESOLUTION CONFIRMING THE ADMINISTRATIVE BOUNDARY INTERPRETATION OF THE PLANNING DIRECTOR IN LAND USE DISTRICT MAP BOUNDARY INTERPRETATION NUMBER 83, PORTIONS OF THE ABSOLOM ALBURY TRACT, PLANTATION KEY, MONROE COUNTY, FLORIDA, APPROXIMATELY MILE MARKER 90. WHEREAS, the property described as portions of the Absolom Albury Tract, Plantation Key, Monroe County, Florida, are currently in the Improved Subdivision Land Use District (IS); and WHEREAS, the staff recommends denial of the boundary changes as indicated in Staff Recommendation by Tiffany Stankiewicz dated December 6, 1991; and WHEREAS, the current Land Use district boundaries which were established with the adoption of the September 15, 1986, Land Devel- opment Regulations, and which indicate that the property was lawful- ly changed from BU-1 to Improved Subdivision (IS) and that there- fore the subsequent maps were not in error; 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 denial of a boundary change in Land Use District Map Boundary Interpreta- tion Number 83, dated February 4, 1992, is hereby found to be in conformance with the standards set forth in Section 9.5-3(m), Monroe County Code, and therefore approved; and that 2) The above described property should remain as currently designated as Improved Subdivision; 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 18th day of February , A.D., 1992. Mayor Harvey Yes Mayor Pro Tern London Yes Commissioner Cheal Yes Commissioner Jones Yes Commissioner Stormont Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA --. ... ~ By: ~,~.aJ ~,-" .~~- ..... ~ Mayor/Chairman (SEAL) Attest: L. Kolhage, Clerk By: Ie' 2 MEMORANDUM From Board of County Commissioners Lorenzo Aghemo, Planning Director~~\ . Robert Herman, Growth Management Dire6fo~ To Through Reference Boundary Interpretation #83, Plantation Key Date February 4, 1992 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - I have reviewed the Land Use District Maps and the complete file from the attached boundary determination No. 83, and consid- ered the recommendation submitted by Tiffany Stankiewicz, Planning Technician. And pursuant to Section 9.5-24(a) I have interpreted that the boundary line for the property legally de- scribed as Lots 1, 2, 3, & 4, Block 3, Fontaine Lakes Estates, and portions of the Absolom Albury Tract, Plantation Key, Mon- roe County, Florida is in the Improved Subdivision Land Use Dis- trict and not in the Suburban Commercial Land Use District. However, the IS Land Use District is incorrect for this particu- lar area. The applicants are recommended to pursue the avenue of the Map Amendment procedure to change the zoning from IS to SC. The Planning Department would support such a request to change the zoning from IS to SC as a Map Amendment. BCORAL.04/TXTDR MEMORANDUM To Lorenzo Agehmo, Planning Director From: Tiffany Stankiewicz, Planning Technician l December 6, 1991 f1 Date: RE: Boundary Determination #83, Lots 1, 2, 3, & 4, Block 3, Fontaine Lakes Estates, and portions of the Absolom Albury Tract, Plantation Key An application for a Boundary Determination has been completed. Listed below are the recommended findings & conclusions. II SUMMARY OF INFORMATION AND DOCUMENTARY EVIDENCE (ATTACHED) Application by Coral Isles Church, Mark Roberts, Tom Wrenn, and Ralph Wrenn A copy of the Land Use District Map PROPOSED. A copy of the REDI Strip Maps, 24th Edition, 1989, page 202. A copy of the REDI Aerial Photo Map Atlas from the 25 Edi- tion, dated 1990, at a scale of 1" = 600', page 84. A copy of Monroe County Zoning Maps Pre-September 15, 1986, page 292& 297. A copy of the Land Use District Map signed by Charles Pattison, page 14. A copy of the Land Use District Map signed by Donald Craig, page 156 & 160. A copy of the Existing Conditions Map of the scale 1" = 2,000', page 6, dated July 2, 1985. A copy of Map Amendment #194, errata. III RECOMMENDED FINDINGS OF FACT The current land use district for the property is Improved Subdivision. The previous zoning (before September 15, 1986) of the prop- erty was BU-1. The applicants originally applied for a Map Amendment on September 15, 1988 for the above described property. The application is considered to be in Round III, of the Map Amendments. Round III & IV, of the Map Amendments have been placed on hold pursuant to the Board of County Commissioners directive. The applicants, also, applied for a Boundary Determination on November 18, 1988. Andrew Tobin was the signatory on both the Map Amendment and Boundary Determination applications. BCORAL.01/TXTDR The Map Amendment & Boundary Determination applications are requesting a zoning change from Improved Subdivision to Sub- urban Commercial for the above described premises. My review of the records found that the Board of County Commission did not specifically consider this site during the preparation of the Land Use District Maps. Also, my review found that an adjacent property owner applied for a Map Amendment in 1987, to change the zoning from Improved Subdivision to Suburban Commercial. The Map Amendment was approved pursuant to amended rule 9J-14.006 F.A.C., the Mon- roe County Land Use Map is amended as of August 7, 1989 (attached is the errata showing amendment file #194 approved change). The neighboring property owners did not apply for a Map Amendment during the Round I Map Amendment process. The requested zoning change of IS to SC is not consistent with the criteria for a Boundary Determination. However, the requested change would be consistent for a Map Amendment. IV RECOMMENDED DETERMINATION The Land Use District Maps signed by cise and therefore should remain (IS). Charles Pattison is pre- zoned Improved Subdivision The Boundary Determination is recommended for denial. The appli- cants are recommended to proceed through the Map Amendment Pro- cess, once the third and fourth rounds begin. BCORAL.01/TXTDR .. APPLICATION FOR LAND USE DISTRICT MAP DETERMINATION APPLICANT S See attached Coral Isles Church, and others. PHONE #305 451-1417 c/o Mattson & Tobin, P.O. Box 586 Key Largo, FL 33037 ADDRESS Plantation Key MM 90 KEY OCEANSIDE OR BAYS IDE? Oceanside SUBDIVISION See Legal Description PLAT BOOK 1 PAGE 70 BLOCK N/A LOT(S) MISC. LOCATION INFORMATION (ATTACH EXTRA SHEET IF NECESSARY) Plantation Key, MM 90, Oceanside between Fontaine Lake Estates and Coral Shores High School REQUEST CHANGE FROM IS TO SC REASON FOR REQUEST: See attached PRESENT LAND USE: Church. Commercial Buildinq, Commercial Storaqe, 4-Plpy, Vrlr.rlnr prlrr.pl (1 F,7 rlr.rp~) DESCRIPTION OF EVIDENCE SUPPORTING REQUEST: Old zoninq maps, aerial photos, ground pictures of church, multi-family and commercial building. rnr~l ~hnrp~ High ~r.hnnl. F.Yi~rinq r.nnn4tions Mapsr Occuoational licenses : .fo:!:, Commercial and Church use. Property Appraiser records, Tax Collector 's:::::~ - 'P:1i~l 0 ?d " Fee paid $1nn nn DATEJ.'P~Ct\~ ~E s " ,~.\C!S, ~O. ~,\:)'t.f1. f>\.Jo.~~\"\\.' \\J\~ \O~ ""0 US~ 'L \;}\'."'. -'" .--.-,. e'( .. APPLICANTS 1. Coral Isles Church 90001 Overseas Highway Tavernier, FL 33070 2. Roberts, Mark P.O. Box 9122 Ft. Pierce, FL 34985 3. Wrenn, Tom 3078 Lawson Blvd. Oceanside, NY 11572 4. Wrenn, Ralph c/o Tom Wrenn 3078 Lawson Blvd. Oceanside, NY 11572 LEGAL DESCRIPTION Lots 1-4, Block 3, Fontaine Lakes Estates, Plat Book 5, page 8, and portions of the Absolom Albury tract, Plat Book 1, page 70. ~Ct.\\jtO Rt:.. "'J ,~\9~~ ~O ", ~<:?" ?~~t-i~t: 'I ,'\S\ON \..1l.~O U . ."4 1 .. THE SUBJECT PROPERTIES ARE ALL LOCATED ON PLA~TATION KEY AT APPROXnlATELY HILE ~1.';RKER 90 OFF OF THE "OLD HIGHWAY" BETWEEN THE CORAL SHORES HIGH SCHOOL AND FONTAINE LAKE ESTATES SUBDIVISION . BEGINNING AT THE INTERSECTION OF THE OLD HIGHWAY AND WRENN STREET THE PROPERTIES ARE DESCRIBED AS FOLLOWS: A. CORAL ISLES CHURCH OWNS LOTS 1-4 BLOCK 3 FONTAINE LAKES SUBDIVISIO~ ASD A PART OF THE ABSOLOM TRACT. A CHURCH AND AN ASSE~1BLY Bl'ILDI~G ARE LOCATED ON THIS PARCEL. B. NARK ROBERTS OWNS A PORTION OF THE ABSOLOM TRACT ADJACENT TO THE CORAL ISLES CHURCH. THIS PARCEL IS VACANT. C. THE NEXT PARCEL IS OWNED BY TOM WRENN & RALPH WRENN. A FOUR ~SIT APART~ENT HOUSE IS LOCATED ON THIS PARCEL. D. THE NEXT PARCEL IS OWNED BY TOM WRENN. THE PARCEL IS USED FOR STORAGE. E. THE NEXT PARCEL IS OWNED BY THE ROBERT ASD JUDY WITTEY. THEY ARE ~QI PART OF THIS APPLICATION. THIS PARCEL IS USED AS A CO~~ERCIAL TRUCK GARAGE AND IT RECEIVED AN SC DESIGNATION FRO~ THE PLANNING COM~lISSION AND BOARD OF COU~TY COMMISSIONERS. F. THE NEXT PARCEL IS THE SEAGULLS CONDOMI~IUM. IT IS liQT PART OF THIS APPLICATION. IT IS ZONED URBAN RESIDENTIAL. CORAL SHORES HIGH SCHOOL MAINTAINS A VOCATIO~AL TRAINING FACILITY INCLUDING A 4 CAR AUTOMOBILE GARAGE WHERE ACTUAL REPAIR WORK IS PERFOR~ED. THE HIGH SCHOOL ATHLETIC FIELD AND A SEWAGE TREAT~ENT FACILITY ARE LOCATED ACROSS THE STREET FROM THE SUBJECT PROPERTY. THIS AREA DOES NOT FIT THE DEFINITION OF IMPROVED SUBDIVSION. SUBURBAN COMMERCIAL IS THE MOST APPROPRIATE DISTRICT. SUBURBAN COMMERCIAL DISTRICTS ARE LOCATED ACROSS U.S. HIGHWAY NO.1. AND ADJACENT TO THE PROPERTY SUBURBAN RESIDENTIAL WOULD NOT BE APPROPRIATE DUE TO THE COMMERCIAL NATURE OF THE AREA. (THE lvITTEY'S TRUCK GARAGE, CORAL SHORES AUTO~OBILE REPAIR GARAGE, THE ATHLETIC FIELD WHERE NUMEROUS l~ELL ATTENDED SPORTING EVENTS TAKE PLACE. FURTHERMORE, THE PROPERTY DOES NOT ABUT U.S. HIGHWAY NO.1 AND THEREFORE COMMERCIAL USES ARE PROHIBITED. ?~CE.N\:.\) ~ , b ,Cj~~ ~O\J, ....~O\, , ~~G \)';-" O~ P' 1l.NN. .....I\S\ ,\.. UC \.'\~ \,}.NO ' a~ . : . ~- ~,' .. , I ;;--..... I ;----y", ~ - ... , . -----" U'R " " " " " " " " ", .............. " 10+ ... ... It. srRAn'S OF FLORIDA ..... I I P......nt to Section 9.5-24CaU2)(h) of the Monroe County Code, the boundarle. of the Land U.e DI.trlct Map are Interpreted to be N located a. Indicated above and briefly de.crlbed as: 1 Remove the IS zoning for Lots 1, 2, 3, & 4,Block 3, Fontaine Lake Est., and a portion of Gov't Lot 2; Then place the above shown properties in the SC distri t. Director of Planning Sheet#l$&Jf.O Key Plantation Date BOCC Re.olutlon 1".400' Boundary Determination #83 PROPOSED . .DAD .... , -----~~ U'R ~~ ~~ ~~ ~~~ ~~ ~~ S R ~~~~~'I 10+ .... ....19~. srRAffS OF FLC N Land Use District Maps Monroe County, Florida January 19,1988 Panel or Sheet# 156 & 160 Applicant: Coral Isle Church; Key: Plantation . I Flle# Roberts; #83 & Wrenn 1-=400 "'e M..ker: 90 EXISTING Mlinami/ 0rimmia F at :, � t s , ; V, ., .. 44 ! ° *t= " * r ,', fit 2 il 'C. V. .,,,,,,l'-5-. .. ". -1 µ f 7 �; } 40, r ' ' 1 - , " 4, ., ',4. ,- - '''' 4Y 44 d' a+ �b Y . * - <° x .rr4t � �1 ,�. ' ' a._ 1 t y..,:r`3-,r A•"4sik ' ,s�¢ ^ " -la......, ,,,,, , , /, „. t z..., ,,j i, ,,,. \,. y w ,,, ` 'e ._ : r °� , el r* Aerial Maps, Monroe County, Florida //1'N Real Estate Data, Inc. 25 Edition,19 90 Panel or Sheet# R4 File# Erl Applicant: Coral Isle Church: Roberts : & Wrenn 1"=600' Key: Plantation Mlle Marker: 90 'I "- ,- ~ 1_ \ _~ '!: .... oN' ':; ,.. !~ "" Ii(.. ' :~ ~~ CU ~l' ~l r;-J ., t::tJ 1 I ill ; I :-__; '~\i ! ~1..i~i"4"'l~i~1 -~LL_ -\ I I . ~ " 'L r- ;~ l " I- ,;-- ('J ! ,,. , '''''--'/ .\, ;. l;Olof. ,.... " - :.J'.' - 1- -1.1.o.:L_! ~ . -...:: '::~ ~~ -;; t I I I I / I 'I---. -~ ...., . t- 2~ ." )! "-..! ;;; ~ 1 ~~i"\OOL FAt:.llnl!.")o~ ::-)GJ 'n\i)~>l . ~ \.....~:" <i \ ==+.:) ~r ,rr. !. <')'0 V ~ (! Sf;. GULLS (UNDfC!....A'i.EC: C ONDOJvlJ J',j I U(;j ~.;'Yc.~~~i&3::'~ J ] . .., '~ )~ i: i ~:~ "'f~ / ~ N Strip Maps, Monroe County, Florida Real Estate Data, Inc. 24 Edition,19 89 1"=_ Pane. or Sheet# 202 Applicant: Coral Isle Church; Key: Planatation Flle# 83 I Roberts; & Wrenn Ptlle Marker: 90 J '...... "~ .......... . --.... -- , t . I l I . ,,, c -, \ , ~ I , I ~ \ N t r Land Use District Maps Monroe County, Florida Approved by B.O.C.C., February 28!1986 Panel or Sheet# 14 Flle# 83 Applicant: Coral Isle Church; Roberts; & Wrenn Key: Plantation Mile Marker: 90 @ 1"=600' ............ ......d'._d~ ~ fit. \.. coflt.~ ~"flo., 28 -r I I I ~ ORN SH RA COMMUNi ,HA RBO <4 3 N Existing Land Conditions Maps Monroe County, Florida July 2,1985 Panel or Sheet# 6 Flle# 83 Applicant: Coral Isle Church; Roberts; & Wren Key: Plantation Mile Marker: 90 '1"=2000' I ~ ',r.,,-.,'.J.,R.. ;;r:.' . ~ ;:-,-"'- ..J 1i-..: ':,., ~ '-,.,..,. 0- ~ po. ~ .... -- J Ttft. c.o""l -:~~ i;. S C W\MU:.M of>, ll1j. ,'"'. ac~1:iC. 'MAC .... t. ...r,....C...., *6 tl7!!>/~ ..,,~Jt '." 'J,. '1 l48l!t , .. ,. t' fi4' .... " '. oc:.euP.~t> & "'.!~~:~~;;.,:,~;.,.,~ . ,~.. . r ',' .. -Bl:J -:"l. '" ri ----- -- -a.----- 1: .J Q~ U' g /!'~ ~ -RY--- -~ f --'--~{i _._~\}, - ", '" -- -, O.f;I'! ,\ ~). ~... ('\ ~ I ~U ~'N. U ~,;;.r l....c._ol.... r T..UT ~ '" .. Q ..... ! "t ..., ~ I"") ~ T ~T'ON $...O....~ Da.a'll:. . ~~ ... .... ... ... '" .. ~, .... ~ I t 1 tIl) ...' ..... 'I ,~ 'r ,.,:-r t'-.~ ~,~,"',:~;.. ~, ~, . ,.." ... - --.' -.'" . N Monroe County Zoning Maps Pre-September 15,1986 . I 1"=200' I Panel or Sheet# 292 - 297 Flle# 83 Applicant: Coral Isle Church; Roberts; & Wrenn Key: Plantation Mile Marker: 90 . SR . (NA PLANTATION KEY \ \ \ , , , . , , , FONT A/HE HARBOR" '-, 1 1 I.... 12 ft 1.\. I , . I 4 I 2 1 U ft U W . U M ft un- . . 7 . I 7 . 10 PIlIY A TI! ,t;lOAD TIU 4 o en ------------------ ------------ J / 1-A Pursuant to Amended Rule 9J-14.006 F.A.C., the Monroe County Land Use Map is amended as of August 7th, 1989 and indicated above and briefly described as: Add boundaries as shown around the oarcel that is below lots 8 & 9 of Fontain Lake R~rarp~. Designate parcel as SC. (See amendments # 187-193 for other map changes shown) ~~g Sheet # 156 N ~e ;:)..7, /ijf};. - V'Date Amendment # 194 1 "=200' J)annp JL. I{olbagt BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 743-9036 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, (305) 852-9253 March 26, 1992 Department of Community Affairs Rhyne Building 2740 Centerview Drive Tallahassee, Florida 32399 and Department of Community Affairs Post Office Box 990 Key West, Florida 33041 Gentlemen: At a Regular Meeting in formal session on February 18, 1992, the Board of County Commissioners of Monroe County adopted Resolution No. 103-1992 confirming the Administrative Boundary Interpretation of the Planning Director in Land Use District Map Boundary Interpretation Number 83, portions of the Absolom Albury Tract, Plantation Key, Monroe County, Florida, approximately Mile Marker 90. 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: Rosalie L. Co Deputy Clerk Enclosure cc: County Attorney R. Ludacer County Administrator T. Brown Growth Management Div. Dir. R. Herman File