Resolution 103-1992
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Planning Department
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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
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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
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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.
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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.
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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
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Land Use District Maps
Monroe County, Florida
January 19,1988
Panel or Sheet# 156 & 160
Applicant: Coral Isle Church;
Key: Plantation
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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
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Applicant: Coral Isle Church; Roberts; & Wren
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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)
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Sheet # 156
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Amendment # 194
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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