Resolution 001-1991
Planning Department
RESOLUTION NO. 001 -1991
A RESOLUTION CONFIRMING THE ADMINISTRATIVE
BOUNDARY INTERPRETATION OF THE PLANNING
DIRECTOR IN LAND USE DISTRICT MAP BOUNDARY
INTERPRETATION NUMBER 67, LOTS 4 & 5, BLOCK
2, VACA VILLAGE, AND LOT 2, PEARCE'S SUB-
DIVISION.
WHEREAS, the property is described as Lot 2, Pearce's Subdivi-
sion and Lots 4 & 5, Block 2, Vaca Village , Vaca Key, Monroe Coun-
ty, Florida, and
WHEREAS, the staff recommends approval of the boundary changes
as indicated in Dean Satterlee's report dated June 27, 1990, and
WHEREAS, the current Land Use district boundaries which indicat-
ed that the property is Improved Subdivision (IS), were placed in
error with the adoption of the September 15, 1986 Land Development
Regulations, and therefore the subsequent maps were also in error,
as they did not follow the previously demarcated Suburban Commer-
cial (SC) boundary;
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA THAT:
1) The administrative decision of the Planning Director in Land
Use District Map Boundary Interpretation Number 67 dated December
27, 1990, is hereby found to be in conformance with the standards
set forth in Section 9.5-3(m), Monroe County Code; and
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2) Therefore, that the above described property should have
been originally designated as Suburban Commercial (SC) and not
Improved Subdivision (IS) as currently indicated; and that
3) 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 <ith
day of Ja)\IA.,tl"J ' A.D., 1991.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
----..........-.."""'---/ d\
By ~'~~.'~~ '411-.~ ~~
Mayor/Chairman
(SEAL)
Attest :nANNY L. It:OIMAGE, Clerk
-L2L. ~/J2~
Cler
(Boundary Determination *67 continued)
fA'
e'
MEMORANDUM
..LO
Board of County Commissioners
From
Lorenzo Aghemo, Planning Director
~IU
~
Department: Planning
Subject Boundary Interpretation #67, Sea Dell Motel, Lot 2,
Pearce's Subdivision and Lots 4 & 5, Block 2, Vaca
Village Subdivision
Date December 27, 1990
MEETING DATE: January 9, 1991
PLANNER: Dean Satterlee
BIOLOGIST: Pat McNeese
Previous Relevant Board Action: I I ( ) Referral: Yes
No X
Recommended Action:
1) Remove the SeilS boundary line between Lots 1 and 2, Pearce
Subdivision and between Lots 3 and 4, Vaca Village to have a land
use designation of se.
2) Relocate the SeilS boundary line between Lots 2 and 3,
Pearce's Subdivision and between Lots 5 and 6, Vaca Village such
that Lot 2 and Lot 5 will be located in the se land use district.
Background:
The Sea Dell Motel has built up over the years into the business
that exists today with a total of twenty-one (21) rental units.
The first building was built in 1953 on Lots 4 & 5, Block 2, Vaca
Village Subdivision. The second building was built in 1955 on
Lots 1, 2 & 3, Block 2, Vaca Village Subdivision. The third and
last building was constructed in 1968 on Lots 1 & 2, Pearce's
Subdivision. The motel was purchased from Paul and Kathleen
Brueckner by the Sea Dell Corporation in October 1988.
The subject lots in the request were zoned RU-3. The RU-3 zone
was a residential zone allowing multiple-family dwelling units
with no provisions for the establishment of hotels, motels, ect.
Ordinance #1-1973, Section 19-202, RU-7 residential tourist dis-
trict, contained a provision that stated in part that "all exist-
ing hotels, motels . . . conforming to the requirements of the
district in which it is located prior to the adoption of Ordi-
nance No. 1-1973 shall be considered to conform to this RU-7
district and shall be treated as though they were in an RU-7
district. . ." The RU-7 district allowed as principal uses:
hotels, motels, tourist accommodations, marinas, and resorts.
Lots 1, 2 & 3, Block 2, Vaca Village Subdivision and Lot 1,
Pearce's Subdivision were zoned BU-l, light business district.
Since the BU-l district does not allow for the establishment of
hotels, motels, etc., the provisions of the RU-7 zone as quoted
above would apply to a prior conforming motel; creating, in af-
fect, an RU-7 land use district that would not be indicated on
the land use district maps.
As drawn, the B.O.C.C. (Pattison) maps approved 28 February 1986
indicate that the line separating the Improved Subdivision (IS)
LUD and the Suburban Commercial (SC) LUD was located by extending
a line parallel to u.S. #1 and running west southwesterly from
the west property line of the Florida Land and Sea Trust's Crain
Hammock property, along Loggerhead Lane and beyond for a total
distance of approximately 2800 feet to Galbraith Street.
Findings of Fact:
1. Mr. Morris Rosenbaum, acting as a director of SEA DELL
CORPORATION, applied for this boundary line determina-
tion;
2. SEA DELL CORPORATION owns and operates the Sea Dell
Motel;
3. The motel was built between 1953 and 1968;
4. The motel occupies lots 1, 2, 3, 4 & 5, block 2, Vaca
Village Subdivision and lots 1 & 2, Pearce's Subdivision;
5. Lots 1, 2 & 3, block 2, Vaca Village and lot 1, Pearce's
are located in a Suburban Commercial (SC) land use
district;
6. Lots 4 & 5, block 2, Vaca Village and lot 2, Pearce's
are located in an Improved Subdivision (IS) land use
district;
7. Lots 1, 2 & 3, block 2, Vaca Village and lot 1, Pearce's
were, under the pre-1986 land use district designations,
located in a BU-l land use district;
8. Lots 4 & 5, block 2, Vaca Village and lot 2, Pearce's
were, under the pre-1986 land use district designations,
located in an RU-3 land use district;
9. Neither the BU-l or RU-3 land use district allowed for
the establishment of hotels, motels, etc.
10. Section 19-202, RU-7 of County Ordinance #1-1973 did
Page 2
provide that existing motels conforming to the require-
ments of the previous land use district were to be con-
sidered as being located in an RU-7 zone for administra-
tive purposes;
11. The RU-7 land use district did provide for the establish-
ment of motels;
12. The provisions of #10 above, did in fact create unmapped
RU-7 land use districts;
13. The line separating the Suburban Commercial (SC) and
Improved Subdivision (IS) land use districts as shown on
the Pattison maps of February 28th, 1986 did in fact
place all of the Sea Dell Motel property (except for a
portion of lot 5, block 2, Vaca Village Subdivision)
within the Suburban Commercial (SC) land use district;
14. Upon close examination, measurements and comparisons of
the July 2nd, 1985 Existing Land Conditions Maps with
the current 1" = 200' Land Use District Maps, it is the
opinion of this reviewer that the use of the total Sea
Dell Motel property is shown as being "tourist services"
on the 1985 Conditions maps;
15. The eounty Environmental Resources Department has no
objections to the approval of this boundary determina-
tion;
16. The subject properties are adjacent to and contiguous
with the Suburban Commercial (SC) land use district that
fronts onto U.S. Hwy. #1.
Action by:
Ordinance
X Resolution
Citizens Committee Statement:
Yes X No
Attached
Board Policy(ies) Applicable: nla
Planning Commission Action Taken:
Yes
Date
N.A.
Alternatives:
Attached Documentation:
X Yes
No
BSEADEL. 06/TXTDR, 122790
Page 3
LAND USE DISTRICT MAP
BOUNDARY DETERMINATION #67
Pursuant to section 9.5-24(h) the Planning Director
lhe Land Use District Map and interprets that
district boundary for the property
has revie'Ned
'the land use
with RE #00327190-000000, #00328080-000000 and #00328090-000000
legally described as Lot 2, Pearce's Subdivision and Lots 4 & 5,
Block 2, Vaca Village Subdivision
is designated as Suburban Commercial and the Land Use District
Map should be corrected accordingly and as precisely shown on the
attached map.
This decision is relies upon the following information and
documentary evidence:
Application by Sea-Dell Corporation
A copy of the zoning map from Pre-September 15, 1986;
A copy of the Land Use District Map signed by Charles
Pattison, page 11;
A copy of the Land Use District Map signed by Donald Craig,
page 234;
A copy of the Existing Conditions Map of the scale 1 inch
equals 2,000 feet, page 3 dated July 2, 1985;
A copy of an aerial photograph from Real Estate Data, Inc.,
24th Edition, 1989 at a scale of 1"=600';
A staff report by Dean Satterlee to Ty Symroski dated June
27, 1990
A staff report by Pat McNeese dated October 5, 1989.
and is based upon the following findings of fact:
The Land Use District Map signed by Charles Pattison is
imprecise and requires an interpretation to precisely
determine the exact location of the boundary;
Previous zoning of subject lots was RU-3.
Ordinance #1-1973 permitted existing motels to conform to
the requirements of the RU-7 residential tourist district;
The 1985 existing conditions map shows the entire subject
property to be used as tourist services;
The Craig maps were drawn to reflect the imprecision of the
Pattison maps concerning the subject property.
Recommended for approval
Ty Symroski, Development Review Coordinator
Date
by:
/2-PtY /~?t2 -
Da'te
BSEADEL.03/TXTDR
MEMORANDUM
To
Ty Symroski
Development Review Coordinator
From
Dean C. Satterlee
Planning Technician
Date
June 27, 1990
Re
Boundary Line Determination for property located
on Key Vaca known as the Sea Dell Motel and owned
by SEA DELL CORPORATION, a Florida corporation,
with directors listed as Robert Lambert, patricia
Lambert, Morris Rosenbaum and Esther Rosenbaum.
INTRODUCTION
This is an application by SEA DELL CORPORATION, dba Sea Dell Mo-
tel, for a boundary line determination. The Corporation asserts
that the County erred in zoning certain parcels of land, which
the corporation owns and upon which it operates the Sea Dell
Motel, as Improved Subdivision (IS). It is the directors conten-
tion that the property should have been designated Suburban Com-
mercial (SC) since the subject property is contiguous to an exist-
ing Suburban Commercial (SC) Land Use District; said LUD fronting
upon the north side of U.S. #1. The corporation's ownership com-
prises seven (7) lots, four (4) of which presently have a Subur-
ban Commercial (SC) land use district designation and the remain-
ing three (3) lots have a LUD designation of Improved Subdivision
( IS) .
LEGAL DESCRIPTION
The subject properties are described as lot 2, Pearce's Subdivi-
sion and lots 4 & 5, block 2, Vaca Village Subdivision. All par-
cels are located in Section 10, Township 66 South, Range 32 East,
Tallahassee Meridian, Key Vaca, Florida. Although not included in
this request, Sea Dell Motel also occupies the following parcels:
lot 1, Pearce's Subdivision and lots 1, 2 & 3, block 2, Vaca
Village Subdivision.
SITE DESCRIPTION
All three of the subject lots of this request are occupied by
buildings which serve as units for the Sea Dell Motel. The motel
consists of three major single story building structures which
contain the rental rooms, the office, and the usual motel supply
and service areas. The motel is an older established business in
the community and the property is well landscaped, but not neces-
sarily in accordance with the requirements of the currant Land
Development Regulations, in particular, regarding buffer yards
as required between adjacent commercial and residential uses. The
business has vehicular access in the front from 50th Street, 50th
Court and u.s. Highway #1.
PROPERTY HISTORY
The Sea Dell Motel has built up over the years into the business
that exists today with a total of twenty-one (21) rental units.
The first building was built in 1953 on lots 4 & 5, blk. 2, Vaca
Village Subdivision. The second building was built in 1955 on
lots 1, 2 & 3, blk. 2, Vaca Village Subdivision. The third and
last building was constructed in 1968 on lots 1 & 2, Pearce's
Subdivision. The motel was purchased from Paul and Kathleen
Brueckner by the SEA DELL CORPORATION in October 1988.
ZONING HISTORY
PRE-SEPTEMBER 15, 1986 ZONING
The subject lots in this request were zoned RU-3. The RU-3
zone was a residential zone allowing multiple-family dwelling
units with no provisions for the establishment of hotels,
motels, ect. Ordinance #1-1973, Sec. 19-202, RU-7 residential
tourist district, contained a provision that stated in part
that "all existing hotels, motels . . . conforming to the
requirements of the district in which it is located prior to
the adoption of Ord. No. 1-1973 shall be considered to
conform to this RU-7 district and shall be treated as though
they were in an RU-7 district. . ." The RU-7 district al-
lowed as principal uses: hotels, motels, tourist accommoda-
tions, marinas, and resorts.
Lots 1, 2 & 3, Block 2, Vaca Village Subdivision and lot 1,
Pearce's Subdivision were zoned BU-1, light business dis-
trict. Since the BU-1 district does not allow for the estab-
lishment of hotels, motels, etc., the provisions of the RU-7
zone as quoted above would apply to a prior conforming motel;
creating, in affect, an RU-7 land use district that would not
be indicated on the land use district maps.
FEBRUARY 28, 1986 LUD DESIGNATION
As drawn, the B.O.C.C. (Pattison) maps approved 28 Feb. 1986
indicate that the line separating the Improved Subdivision
(IS) LUD and the Suburban Commercial (SC) LUD was located by
extending a line parallel to U.S. #1 and running west south-
Page 2
westerly from the west property line of the Florida Land and
Sea Trust's Crain Hammock property, along Loggerhead Lane and
beyond for a total distance of approximately 2800 ft. to
Galbraith Street. When drawn on a 1" = 200' map, a line as
just described, running down the center (( as per Section
9.5-3(m)(1) )) of Loggerhead Lane, would in fact place all of
the Sea 'Dell Motel property (except for the northern half of
lot 5, block 2, Vaca Village Subdivision) within the Suburban
Commercial land use district.
POST-SEPTEMBER 15, 1986 LUD DESIGNATION
The Sept. 15th, 1986 maps designated lots 1, 2 & 3, block 2,
Vaca Village Subdivision and lot 1, Pearce's Subdivision as
Suburban Commercial (SC); and lots 4 & 5, block 2, Vaca Vil-
lage and lot 2, Pearce's as Improved Subdivision (IS). The
Suburban Commercial (Se) designation does allow as a minor
conditional use, the establishment of hotels of fewer than
twenty-five (25) rooms. The Improved Subdivision (IS) designa-
tion does not allow the establishment of hotels, etc. Thus,
the current zoning creates a situation in which the front
half of the motel is a conforming use and the back half is a
non-conforming use.
SURROUNDING USES
NORTH
Mostly developed residential neighborhood
having an Improved Subdivision (IS) land use
district designation.
EAST
Island Christian Nursery School located in a
Suburban Commercial (SC) land use district.
SOUTH
Marathon Liquors, Sears Roebuck and Company,
Side Door Lounge, West Side Theater, etc., all
of which are located in an Urban Commercial
(UC) land use district lie across U.S. Hwy. #1.
Undeveloped lots in block 1, Vaca Village
Subdivision. Lots 1 & 2 are designated Subur-
ban Commercial (SC) and the remainder are
Suburban Residential (SR).
WEST
FINDINGS OF FACT
1. Mr. Morris Rosenbaum, acting as a director of SEA DELL
CORPORATION, applied for this boundary line determina-
tion;
2. SEA DELL CORPORATION owns and operates the Sea Dell
Motel;
Page 3
3. The motel was built between 1953 and 1968;
4. The motel occupies lots 1, 2, 3, 4 & 5, block 2, Vaca
Village Subdivision and lots 1 & 2, Pearce's Subdivision;
5. Lots 1, 2 & 3, block 2, Vaca Village and lot 1, Pearce's
are located in a Suburban Commercial (SC) land use
district;
6. Lots 4 & 5, block 2, Vaca Village and lot 2, Pearce's
are located in an Improved Subdivision (IS) land use
district;
7. Lots 1, 2 & 3, block 2, Vaca Village and lot 1, Pearce's
were, under the pre-1986 land use district designations,
located in a BU-1 land use district;
8. Lots 4 & 5, block 2, Vaca Village and lot 2, Pearce's
were, under the pre-1986 land use district designations,
located in an RU-3 land use district;
9. Neither the BU-1 or RU-3 land use district allowed for
the establishment of hotels, motels, etc.
10. Section 19-202, RU-7 of County Ordinance #1-1973 did
provide that existing motels conforming to the require-
ments of the previous land use district were to be con-
sidered as being located in an RU-7 zone for administra-
tive purposes;
11. The RU-7 land use district did provide for the establish-
ment of motels;
12. The provisions of #10 above, did in fact create unmapped
RU-7 land use districts;
13. The line separating the Suburban Commercial (SC) and
Improved Subdivision (IS) land use districts as shown on
the Pattison maps of February 28th, 1986 did in fact
place all of the Sea Dell Motel property (except for a
portion of lot 5, block 2, Vaca Village Subdivision)
within the Suburban Commercial (SC) land use district;
14. Upon close examination, measurements and comparisons of
the July 2nd, 1985 Existing Land Conditions Maps with
the current 1" = 200' Land Use District Maps, it is the
opinion of this reviewer that the use of the total Sea
Dell Motel property is shown as being "tourist services"
on the 1985 Conditions maps;
15. The County Environmental Resources Department has no
objections to the approval of this boundary determina-
tion;
Page 4
, ,.
16. The subject properties are adjacent to and contiguous
with the Suburban Commercial (SC) land use district that
fronts onto u.s. Hwy. #1.
EVALUATION
Based upon the preceding findings of fact it would appear that
the County did in fact err in designating lots 4 & 5, block 2,
Vaca Village Subdivision and lot 2, Pearce's Subdivision as Im-
proved Subdivision (IS) for the following reasons:
1. Under the prov~sions of the RU-7 land use district as
specified in the 1973 land use regulations the property
did, for all intents and purposes, carry the RU-7 land
use district designation even though it did not show as
such on the 1973 Land Use District Maps;
2. The 1985 Existing Land Conditions Map clearly indicates
the Sea Dell Motel property as "tourist services;"
3. The 1986 Pattison map Suburban Commercial/Improved Subdi-
vision line effecting the subject properties, when super-
imposed onto a current 1" = 200' map, places most of the
Sea Dell Motel property within the Suburban Commercial
(SC) Land Use District.
RECOMMENDATION
It is the recommendation of the staff of the Monroe County Plan-
ning Department that the Board of County Commissioners allow the
requested boundary line adjustment such that the land use dis-
trict designation on lots 4 & 5, block 2, Vaca Village Subdivi-
sion and lot 2, Pearce's Subdivision be changed from Improved
Subdivision (IS) to Suburban Commercial (Se).
SEADELL.02/TXTDEAN, June 27, 1990, 09:45:30 AM
Page 5
M E M 0 RAN DUM
TO:
Ty Symroski, Development Review Coordinator
Tim DuBose, Planner
FROM:
Pat McNeese, Biologist
~m
DATE:
October 5, 1989
REF:
Boundary Determination for Sea Dell Motel--Lot 2,
Pearce's Subdv. and Lots 4 and 5, Block 2, Vaca
Village Subdv.
I) INTRODUCTION
The applicant is requesting a boundary determination for the
referenced property. The property is presently located within
the Improved Subdivision (IS) land use district.
II) PROJECT DESCRIPTION.
The property is developed with a motel. The motel extends
about147 feet back from U.S. 1 on 50th Court (east side) and
about 270 feet back from U.S. 1 on 50th Street (west side) and
so includes at least those lots for which the boundary determina-
tion is requested.
III) STAFF REVIEW
Movement of the SCIIS boundary would put the motel entirely with-
in the SC land use district. It is the applicant's belief that
the original intent of the SC district along U.S. 1 was to in-
clude the existing motel and that the the line on the land use
map was mistakenly drafted leaving out paJ,:'t of the motel. The
original intent of the zoning should be evaluated by a planner.
As the site is already developed, there would be no significant
adverse impacts on the environment if this boundary determina-
tion is approved.
IV) RECOMMENDATION
The Environmental Resources Department has no objection to ap-
proval of this boundary determination
cc: file
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Pur...nt to hctlon 1.5-24(.)(2)(h) of the Monro. eo..e, CoM,
t.....taounct.rl.. of the L.nd u.. DI.trlct Map .r. Int.rpr.t.d to be
located a. Indicated above and briefly de.cr~b.d ..:
Extend SC boundary north to include LOT 2 of Pearce's
Subdivision and LOTS 4 & 5 ot Vaca v~iiage
Director. Growth Management
Sheet# ?~4 Key Vaca
Date
BOCC Re.olutlon
proposed
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P.....nt to Section 1.5-24C.)(2Uh) of the Monro. CowIe, Code,
.......aaouncl.rl.. of the Land u.. DI.trlct Map ar. Int.rpr.t.d to b.
locat.d a. Indicated abov. and brl.fly d..cr~b.d ..:
RYr~nn S~ bollnda~ north to include LOT 2 of Pearce's
Subdivision\and LOTS 4 & 5 of Vaca Village
Director. Growl h Managem.nt
She.t # 234 Key Vaca
Date
BOCC Re.olutlon