Resolution 137-1992
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Planning Department
RESOLUTION NO. 137 -1992
A RESOLUTION CONFIRMING THE ADMINISTRATIVE
BOUNDARY INTERPRETATION OF THE PLANNING
DIRECTOR IN LAND USE DISTRICT MAP BOUNDARY
INTERPRETATION NUMBER 85, LOTS 1, 2, 3, & 4,
BLOCK 3, AND LOT 23, BLOCK 5, FONTAINE LAKES
ESTATES, AND A PORTION OF ABSOLOM ALBURY
TRACT, PLANTATION KEY, MONROE COUNTY,
FLORIDA, APPROXIMATELY MILE MARKER 90.
WHEREAS, the property described as Lots 1, 2, 3, & 4, Block 3,
and Lot 23, Block 5, Fontaine Lakes Estates, and a portion of
Absolom Albury Tract, Plantation Key, Monroe County, Florida,
are currently in the Improved Subdivision Land Use District (IS);
and
WHEREAS, the portion of Absolom Albury Tract is more
specifically described by metes and bounds in exhibit 1 attached;
and
WHEREAS, the staff recommends denial of the boundary changes
as indicated in Staff Recommendation by Tiffany Stankiewicz dated
February 27, 1992; and
WHEREAS, the current Land Use district boundaries which were
. pstablished with the adoption of the September 15, 1986, Land Devel-
opment Regulations, indicate that the property was lawfully changed
from BU-1 to Improved Subdivision (IS) and that therefore the subse-
quent 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 has determined
denial of a boundary change in Land Use District Map Boundary Inter-
pretation Number 83, dated March 5, 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 Board concurs that the present zoning is incorrect and
that Staff is directed to pursue the re-zoning process and that the
Planning Department will favorably consider an amendment in the
Plan process under Monroe County Code Section 9.5-511(d)(5)b.,(iii)
and (iv); and that
4) 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.
5) The Clerk of the Board is hereby directed to forward a
certified copy of this Resolution to the Monroe County Planning
2
. Department.
6) The Clerk of the Board is hereby directed to forward a
Community Affairs.
certified copy of this resolution to the Florida Department of
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at regular meeting of said Board held on the 10th
day of
March
, A.D., 1992.
(SEAL)
Attest:
By:
Deputy Clerk
3
Mayor Harvey Yes
Mayor Pro Tern London Yes
Commissioner Cheal Yes
Commissioner Jones No
Commissioner Stormont Yes
AL
erk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
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Mayor/Chairman
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THIS v.uuwrn. ID1) Mdo \bo 1)\h ~ or Febnaar19 61 '" nonda CoA-
to",," ot \bo Vftlt.ecl Cbveh of Cbn.1o, IDOOrporated, beralnat\el' .aUed tbe
o rrutol', to 1'1\0 Coral 1010. alla"h or \he UPP.Or Ion Inc
lIhooo PO'" offleo add..... b lOllto f 1, BCIIIl 411, I"~raCsa, nono 330)6,
ho...lMftol' ..l1ed \he cnatMI
I (Who....,.1' ued bo"ia \he tol"AO -poantor"' UId -,ranto.- lMllado all tho
'. pa~lo. to \b1l lut..-n\ UId \bo holn, 1.cal "p...._tath.. ancl
uollftl ot 1nclhldul., UId tbe '\loc...on ancl udCftl.of oorporaUono.)
I, WI'nllSSlTHI That tho vantol', tor UId 1ft COI\Ildoratlon ot tho ... ot T."
,1)o11an ($10.00) UId othol' ,uublo IIOIlIWontiOftl, rec.lpt. vbel'OOt 11 bo"'"
'a.lmovlod&od, boro'" poanto, _real"" '0110, aUono, real.... ...louo.. eoe-
; ft7I UId eoftt'1l"AO Wlt,q \he poan\.., ,11 tbat c.rtaln 1aacI .1\lIIto SJlltOll2'Cie
r: CcNnt7, norida, "hi .
rarcol -I 1 po~lon or tho SOlI\b ban of t.ho -Ab.ol.. A1blu7 11.90' aoro lot,
. ,. .hown on "I'1at .1'10111"1 .abdlrtdon or 1'I'opert.7 belonclnc to Jo..ph Y.
: 1bool.. aneS VUU.. Albv". dt.ut.ecl on Plantat.1Oft ler, MOft.... CCNI\t.7, nono'
I'rooorded ln Plat Book 1 on Paco 70, Pub11c l.cordl of Monroo CoWl"', nonda
and '"'" part.loular17 d..crlbecS ,. followl
: Froa tho SOllthvut oOl'Mr of \he H 1/4 of tbe NI 1/" of ..0UOft " t"P' 63 S,
I Jtc.. ,sz. 'ooordlnc to MacDonaleS'. 'nat. (1-70) l'1li\ North on tho V..t 11M of
: \ho .deS 51 1/4 or tho NI 1/", , dbtlnco or 198 rt.1 thonoo lut. ancl parallol
I to tho SOIIth 11no or tho 51 1 4 of tho XI 1/4, a dilt.ano. of 1t05.' t't.. to t.ho
: Za.tor17 .1eS. or OleS Stato loaeS 4A, at tho SOIlt.h .1do or t.ho Ab.ol.. 11bv".
I 11.90 acre loti thoneo North~a.t.or17 alone tho .aleS ~tor17 .1eS. of OleS Stato
lol4 4A, a dhtaneo of 16.12 n. to t.ho North aldo of a 15 1'\. road and \bo
I poln' of beclMlne of t.ho parcel horelnafter do.crlbecSl \bono. Ia.t on a Uno
!: 15 ft.. Morth or and parallel to tho SOIIth ddo of t.ho Ab.ol.. 11blu7 11.90
, aore lot., a diltanco of 9)1.44 1'\.1 t.honc. lIorU1 at. ncht 'nelo. to 1&1\ d..-
i, crlbecS 00II1'00, a dbtanco or 1~.47 ft.. to tho Jorth ddo or t.h. 1oII\b balf of
I tho Ab.ol.. 11bvl'1 11.90 acre lot.I thonco Ve.t Oft tho .aleS Jorth .1eS. of 1oho
: South halt of tho Abool.. Alblu7 11.90 acre lot, a dbtanoo of 817.39 ft.. to
I t.ho .aieS Z..t.or17 aldo or Old Stat.o load 4AI thonco SOIIthw.t.or17 alone tho
.aieS 1a.t.or17 aldo of Old Stat.o load 4A, a dhtanco of 16).88 ft.. to tho po1n\
of beC1Mlnc.
, Parcel tvOI loti 1. 2. , and 4, Blocle ,. PO~'Tm'!: LAD ISTATIS, accordlnc to
the plat. thereof. recorded ln Plat Boole 5. at. PIKe 8 of t.he Publlc lecordA or
I Monroe COIInt,. norlda.
SlIbject. t.o tll. r..trlcUona or r.cord. &Onlnc "gutat.lono of MOf\I'Oe CCNI\t.,.
Toget.her wit.h all t.he ten_ntl. hered1t.aJr...nto and appurtenanc.. th~reto
I belong1nc or in anyv1.e appert.alnlne.
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TO RAW AND TO HOLD the prelllh... h..rdn granted ll1lt.o t.he crant..o and lta
.1I0Ce..ors and a..1Kn. forover, ln tru.t. n~v..rth..l~.o for II'. a. a olt.o for
an evan<<.llcal church ln f.llowshlp vith or holdlng ~~b.rohlp in one or aore
" of t.ho follov1~1 a Synod, Conterence or A'loclatlon recocnl&od b7 t.ho Unlt.ed
th~h of Chrlot.. and t.hl. conv~,ance 11 condltloned llpon tho con.tant. uto of
... ....L1 property II IlIch an evaneeUcal church and'conUnlllnc ln .tandlne vit.b .
P. f:\-iht.or It.. 1U0ce"Oro and a..lgnl, vith t.he underotand1nc that. t.hh re'nlrolcn- I
5 ~ lntere.t. 11 vahod lMofar II It. 1lA7 app17 to &n:IllOrtcacO ollont.od to I
Obned Chlll'ch Board for HOMland M1nht.r1... a eorporaUon oll1'Une b7 and
.3 ~ditr the la", of tho Sut.. of WlIV York, and ln t.ho oftnt. of dlftrolOft of ..ld ,
~' Pj'Opert7 to ot.her 1110', titlo theret.o ohall revert. to tho crantor. it.. OIlCC...- :
~, o'ro~ and ,..lCn.. I
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...., ~ J AND tho crantor hore'" oOftnant.. vit.b .aieS crant... that. tho crant.or 11 I
IS: 1evtu117 ..bed of .ald lancl ln fM .laplol that tho cnntor haa Coocl ncht.
and lavtul alltbont.7 to ..11 and oonft7 ..leS landl t.hat. t.ho crantor ho...",
tu1l7 warranU t.ho \1t10 to IIld land and vill dofond tho .... alalno\ tho
I: lavtll1 old_ of all ponOftl tItlouoeftrl and that ,dd 1aacI 1, troo of all
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:' .....,:-u.........:tJf,VITlCESS WREII!OP', \he ealeS crantor hat o1cned and ... od \b..o pre.ent.
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xx 102
/1
Regular Meeting
Board of County Commissioners
Tuesday, March 10, 1992
Key Largo
A Regular Meeting of the Monroe County Board of
County Commissioners convened at 9:00 a.m. on the above date
at the County Library in Key Largo. Present and answering
to roll call were Commissioner Earl Cheal, Commissioner
Douglas Jones, Commissioner Jack London, Commissioner John
Stormont, and Mayor Wilhelmina Harvey. Also present were
Danny Kolhage, Clerk; Randy Ludacer, County Attorney; Tom
Brown, County Administrator; County Staff; members of the
Press and Radio; and the general public.
All stood for a moment of silent prayer and the
Pledge of Allegiance.
ADDITIONS, CORRECTIONS, DELETIONS
Motion was made by Commissioner Cheal and seconded
by Commissioner Jones to approve additions, corrections and
deletions to the Agenda. Motion carried unanimously.
DIVISION OF GROWTH MANAGEMENT
Motion was made by Commissioner London and seconded
by Commissioner Stormont to approve Recommendation 92-1 of
the Parks and Recreation Board as follows:
The Parks Board recommends that the Board
of County Commissioners support the desires
of the Upper Keys Historical Society to
take the actions necessary to name the
Harry Harris Park ballfields after Thomas
Lummus.
Roll call vote was unanimous.
Commissioner Stormont discussed the Parks and
Recreation Board's request concerning the "Arby" site.
Motion was made by Commissioner Stormont and seconded by
Commissioner Jones to approve Staff's recommendation to
direct the Land Authority to investigate the size, area,
availability, and acquisition potential as well as directing
the County Administrator to investigate FRDAP grant funding
for purchase and development. George Schroeder addressed
the Board. Roll call vote was unanimous.
Consent Aqenda - Boundary Interpretations
Division Director Robert Herman addressed the
Board concerning a Resolution regarding Boundary
Interpretation Number 85. Motion was made by Commissioner
Cheal to adopt the Resolution. During discussion, the
motion was withdrawn. Attorney Andy Tobin, representing
Coral Isles Church, and Reverend Chase addressed the Board.
Motion was made by Commissioner Cheal and seconded by
xx
.. " ~
Commissioner Stormont to adopt the following Reoslution con-
firming the Administrative Boundary Interpretation of the
Planning Director in Land Use District Map Boundary
Interpretation Number 85, Lots 1, 2, 3 & 4, Block 3, and Lot
23, Block 5, Fontaine Lakes Estates, and a portion of
Absolom Albury Tract, Plantation Key, Monroe County,
Florida, approximately Mile Marker 90, with the statement
that the Board concurs that the present zoning is incorrect
and that Staff is directed to pursue the re-zoning process.
During discussion, motion was made by Commissioner Stormont
to amend to provide that the Planning Department will
favorably consider an amendment in the Plan process under
9.S-SllCd)Cb)Ciii) and Civ). Motion to amend was accepted
by the maker. Roll call vote was taken with the following
results:
Commissioner Cheal
Commissioner Jones
Commissioner London
Commissioner Stormont
Mayor Harvey
Yes
No
Yes
Yes
Yes
Motion carried.
RESOLUTION NO. 137-1992
See Res. Book No. 106 which is-Incorporated herein by
reference.
COMMISSIONERS' ITEMS
Motion was made by Commissioner Stormont and
seconded by Commissioner Cheal to grant permission to the
Florida Department of Transportation to temporarily block
Bass Avenue and Churchill Downs Road during bridge replace-
ment over Adams Waterway in the Key Largo area for a period
of approximately two months. Roll call vote was unanimous.
Mayor Harvey discussed the addition of the name of
Lou Benson to the Long Key Transfer Station as a memorial
and in recognition of the part that Mr. Benson played in
improving that site. Motion was made by Commissioner Cheal
and seconded by Commissioner London to postpone to the next
meeting. Roll call vote was taken with the following
results:
Commissioner Cheal
Commissioner Jones
Commissioner London
Commissioner Stormont
Mayor Harvey
Yes
No
Yes
Yes
No
Motion carried. Motion was then made by Commissioner
Stormont and seconded by Mayor Harvey to direct the County
Administrator to prepare an unbiased criteria and process
for naming public works in Monroe County. Roll call vote
was taken with the following results:
Commissioner Cheal
Commissioner Jones
Commissioner London
Commissioner Stormont
Mayor Harvey
Yes
Yes
No
Yes
Yes
Motion carried.
MEMORANDUM
To
:::::Z:fA:::::~ :::::::~O::::ctor~
Robert Herman, Growth Management Director
From
Through
Reference
Boundary Interpretation #85, Plantation Key
Date
February 27, 1992
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
I have reviewed the Land Use District Maps and the complete
file from the attached boundary determination No. 85, and consid-
ered the recommendation submitted by Tiffany Stankiewicz,
Planning Technician. All records indicate that the boundary line
as depicted in the "Pattison" Map is correct and precise. And
therefore, I have concluded that the Coral Isles Church property
legally described as Lots 1, 2, 3, & 4, Block 3, and Lot 23,
Block 5, Fontaine Lakes Estates, and a portion of Absolom
Albury Tract, Plantation Key, Monroe County, Florida is in the
Improved Subdivision district and not in the Suburban Residential
district. This interpretation is made pursuant to Section
9.5-24(a). However, in the opinion of the Planning Department,
the is zoning for the subject property is incorrect and would
support a rezoning of this property to Suburban Residential
through a map amendment process.
BCORAL.09/TXTDR
M E M 0 RAN DUM
To
Lorenzo Agehmo, Planning Director
RE:
Tiffany Stankiewicz, Planning Technician ~
February 27, 1992 ~ v
Boundary Determination *83, Lots 1, 2, 3, & 4,
Block 3, and Lot 23, Block 5, Fontaine Lakes Es-
tates, and a portion of Absolom Albury Tract,
Plantation Key
From:
Date:
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
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
2,000', page 6, dated July
A copy of the February 18,
ers minutes.
Conditions Map of the scale 1" =
2, 1985.
1992, Board of County Commission
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 applicant 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
BCORAL.07jTXTDR
Boundary Determination application.
The Board of County Commissioners considered a boundary de-
termination on February 18, 1992, for the above described
premises. However, the Board of County Commissioners not
grant the requested zoning change to Suburban Commercial,
but the applicants' agent requested that the Coral Isle
Church property be considered for a zoning change to Subur-
ban Residential at the next meeting of the Board of County
Commissioners.
The requested zoning change of IS to SR 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 Charles Pattison is precise
and therefore should remain zoned Improved Subdivision (IS).
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.07jTXTDR
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STRAITS OF Fli.
Pwsuant to Section 9.5-24CaH2Hh) of the Monroe County Co.e,
the boundaries of the Land Uae District MaF? are Interpreted to be
located as Indicated above and briefly described ..: Rvt-Qnn t-hQ
SR boundary as shown so, that Lots I, 2, 3, & 4, Block
and Lot 23, Block 5, Fontaine Estates, and a portion of
Absolom Albury Tract are included in the SR d1str1ct no
thF! IS district.
N
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Director of Planning
Sheet#156&16CKey Plantation
Date
BOCC Resolution
1"= 400'
Boundary Determination # 85
PROPOSED
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Aerial Maps, Monroe County, Florida
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- T Panel or Sheet# sa File# 85
I Applicant: Coral Isle C1-u�rr1,
1"=600' Key: Plantation Mlle Marker: 90
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Land Use District Maps
Monroe County, Florida
January 19,1988
Panel or Sheet# ll')f; F., 1 f;O
Applicant: Coral Is 1 F! Chllr~h
Key: Plantation
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Feb. 18, 1992, BOCC rrl---tes
xx 067
execution of a Second Amendment to Agreement For Consulting
Services with Freilich, Leitner, Carlisle & Shortlidge con-
sisting of (1) implementing the building permit allocation
system for the fixed amount of $19,100.00 and (2) further
revisions to the LDRs assigned to the consultant by written
authorization from the County with services billed at an
established hourly rate with a total price not to exceed
$35,000.00. Roll call vote was taken with the following
results:
Commissioner Cheal
Commissioner Jones
Commissioner London
Commissioner Stormont
Mayor Harvey
Yes
No
Yes
Yes
No
Motion carried.
Consent Aqenda - Boundary Determination
Planning Director Lorenzo Aghemo, Attorney Andy
Tobin, and Reverend Ira Chase of the Coral Isles Church
addressed the Board. Motion was made by Commissioner Cheal
and seconded by Commissioner Stormont to adopt the following
Resolution confirming the Administrative Boundary
Interpretation of the Planning Director in Land Use District
Map Boundary Interpretation Number 83, Lots 1, 2, 3 & 4,
Block 3, Fontaine Lakes Estates, and portions of the Absolom
Albury Tract, Plantation Key, Monroe County, Florida,
approximately Mile Marker 90. During discussion, motion was
withdrawn. Motion was made by Commissioner Stormont to con-
tinue with the Board's recommendation that Staff review each
property independently in context of SR. During discussion,
this motion was withdrawn. Motion was then made by
Commissioner Stormont and seconded by Commissioner Jones
to accept Staff's recommendation to adopt the Resolution for
properties other than Coral Isles Church and that Coral
Isles Church be reconsidered by Staff to a boundary deter-
mination of SR. Roll call vote was unanimous.
RESOLUTION NO. 103-1992
See Res. Book No. 106 which is incorporated herein by
reference.
Motion was made by Commissioner Cheal and seconded
by Commissioner London to approve a Professional Service
Order with Post Buckley Schuh & Jernigan for stormwater
management services in a lum~ sum amount of $32,500.00,
including reimbursables. Roll call vote was unanimous with
Commissioner Jones not present.
The Board recessed for lunch.
*
*
*
*
*
The Board reconvened with all Commissioners pre-
sent.
SOUNDING BOARD
Ilajean Horowitz, Executive Director of The
Alliance For Aging, Ed Hubschmidt, and Mel Levitt addressed
the Board. Social Services Director Louis LaTorre also