Resolution 022-1991
Planning Department
RESOLUTION NO. 022 -1991
A RE~OLUTION CONFIRMING THE ADMINISTRATIVE
BOUNDJI.RY INTERPRETATION OF THE PLANNING
DIRECTOR DENYING THE REQUEST TO REDRAW THE
EXISTING BOUNDARIES IN LAND USE DISTRICT MAP
BOUNDARY INTERPRETATION NUMBER 72, PART GOV-
ERNMENT LOTS 1, 2, & 3, TRACT 1, SECTION 06,
TOWNSHIP 64, RANGE 37, UPPER MATECUMBE,
MONROE COUNTY, FLORIDA, APPROXIMATELY MILE
MARKER 80.
WHEREAS, the property described as Part Government Lots 1, 2, &
3, Tract 1, Section 06, Township 64, Range 37, Upper Matecumbe,
Monroe County, Florida, is currently zoned Commercial Fishing Spe-
cial District-11 (CFSD-11) and Native Area (NA); and
WHEREAS, the staff recommends denial of the boundary changes
requested, as indicated in Dean Sattelee's report dated August 7,
1990; and
WHEREAS, ~he current Land Use district boundaries were not
placed in error with the adoption of the September 15, 1986 Land
Development Regulations, and therefore the subsequent maps were
not in error, as they did follow the previous demarcated Commercial
Fishing Area (CFA) and Native Area (NA) boundary; and
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA THAT:
1) The administrative decision of the Planning Directo~which
recommends denial of a boundary change in Land Use District Map
Boundary Interpretation Number 72 dated January 16, 1991, is hereby
found to be in conformance with the standards set forth in Section
9.5-3(m), Monroe County Code, and is therefore approved; and that
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:RESOLUTION NO -1991
BOUNDARY DETERMINATION NO. 72
2) The above described property should remain as currently
designated, that is, as Commercial Fishing Special District-11
(CFSD-l1) and Native Area (NA); and that
3) The Clerk of the Board is hereby directed to forward a certi-
fied copy of this resolution to the Florida Department of Communi-
ty Affairs.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at regular meeting of said Board held on the ~~~
day of JAWlILL....~ ' A.D. I 1991.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
~:~~a~~~~ ~
Mayor/Chairman
(SEAL)
Attest: ~NY L. KOLHAGE, ~
-4~e~-~U
BI'
2
OK~V~!Y ~R~~,~2E
(305) 294-4641
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BOARD OF COUNTY COMMISSIONERS
Mayor Pro Tern Wilhelmina Harvey. District 1
Gene Lytton, District 2
Douglas Jones, District 3
Mike Puto. District 4
MAYOR John Stormont, District 5
MEMORANDUM
From
Board of County Commissioners
Lorenzo Aghemo, Planning Director ~/
To
Through
Robert Herman, Growth Management Director
Reference
Boundary Interpretation ~72
Date
January 16, 1991
Pursuant to Section 9.5-24(a) I have reviewed the Land Use
District Maps and the complete file for the attached boundary
determination No. 72, and considered the recommendation present-
ed by the Development Review Coordinator, and therefore I have
interpreted that the Land Use District boundary for the property
legally described as, Part Government Lots 1, 2, & 3, Tract 1,
Section 06, Township 64, Range 37, Upper Matecurnbe should remain
designated commercial Fishing Special District-11 and Native Area
as shown in the existing Land Use District Maps.
LAND USE DISTRICT MAP
BOUNDARY DETERMINATION tt72
Pursuant to section 9.5-24(h) the Planning Director
the Land Use District Map and interprets that
district boundary for the property
has reviewed
the land use
with RE: #00096890 & #00096900 and
legally described as, Part Government Lots 1, 2, & 3, Tract 1,
Section 06, Township 64, Range 37, Upper Matecumbe
designated as CFSD-11 and NA the Land Use District Map should
remain as such.
This decision relies upon
documentary evidence:
the
following
information
and
Application by Frank Curtis and Arthur Choate.
A copy of the zoning map from sheet 272.
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 181 & 182.
A copy of the Existing Conditions Map of the scale 1 inch
equals 2,000 feet, page 2.
A copy of an aerial photograph from RED I 25 Edition dated
1990 at a scale of 1 inch equals 600 feet, on page 77.
A copy of the minutes of the Board of County Commissioners
from the November 13, 1985 meeting.
A staff report by Dean Satterlee to Ty Symroski dated August
7, 1990.
and is based upon the following findings of fact:
1- There has been commercial ventures on the property adja-
cent to the Tea Table Inlet since sometime prior to 1940.
2. The area of Papa Joe's Bar and Restaurant was zoned BU-2
prior to Sept. 15, 1986.
3. The remainder of the subject property was zoned as GU
prior to Sept. 15, 1986.
4. The Existing Conditions maps dated July 2nd, 1985 do not
indicate any commercial activity on the subject proper-
ty; obviously a data error.
5. On Nov. 13th, 1985 the Board of County Commissioners
specifically voted to designate the land on Tea Table
Inlet across from Bud & Mary's Marina for "boat dockage
and trap storage."
6. The Pattison maps designated the land area contiguous to
the waters of Tea Table Inlet as CFSD-l1, as per the
BOCC motion of 11/13/85.
7. The craig maps follow the CFSD-11 designation as present-
ed on the Pattison maps.
8. Chapter 9.5-24(a)(2)h of the Monroe County Code bestows
upon the Director of Planning the authority to, among
other duties, "render interpretations of the plan, this
chapter or the boundaries of the official land use dis-
trict map." (underlining added by staff)
9. Chapter 9.5-3(m) specifies the criteria that may be
used in making boundary interpretations:
"BOUNDARIES: Interpretations regarding boundaries of
land use districts on the land use district map shall be
made in accordance with the following:
(1) Boundaries shown as following or approximately
following any street shall be construed as follow-
ing the center line of the street.
(2) Boundaries shown as following or approximately
following any platted lot line or other property
line shall be construed as following such line.
(3) Boundaries shown as following or approximately
following section lines, half section lines, or
quarter-section lines shall be construed as follow-
ing such lines.
(4) Boundaries shown as following or approximately
following the shoreline of any key or causeway or
other island shall be construed as following the
mean high water line of such island or key. In many
instances, the boundary lines have been intentional-
ly drawn seaward of the shoreline so that the shore-
line itself will be visible.
(5) All keys or islands without a specific land use
designation shall be considered zoned as off-shore
islands whether they are labeled as (OS) OFF-SHORE
ISLANDS, unlabeled, not shown on these maps, or lie
beyond the areas covered by these maps.
(6) Boundaries shown as separated from and parallel or
approximately parallel to any of the features list-
ed in the paragraphs above shall be construed to be
parallel to such features and at such distances
therefrom as shown on the map."
There are no additional provisions within the Code that
would allow for other methods or criteria in interpret-
ing the position or location of land use district lines.
Nothing in any of the above interpretation procedures
allows for the movement of a land use designation line;
just the interpretation of where that line is delineated
BPAPAJO.02/TXTDR,January 16, 1991
on the actual geosphere. Any movement of the line MUST
be accomplished through the map amendment procedur~
(10) Chapter 9.5-511(d)(5)a(iii) specifies that the Board of
County Commissioners may adopt an ordinance enacting a
proposed change to the land use map for, among others,
the following reasons:
"Data errors, including errors in mapping, vegeta-
tive types and natural features described in volume
1 nf the plan."
Recommended Decision: The request of the applicant is denied
and that the above described premises should remain as designated
Commercial Fishing Special District-11 (CFSD-11) and Native Area
(NA) in the existing Land Use District.
Ty
Coordinator
1/.:~/91
D te'
This decision is approved by:
~
Planning Director
1 !16/~1
Date '
BPAPAJO.02/TXTDR,January 16, 1991
M E M 0 RAN DUM
To
Ty Symroski
Development Review Coordinator
~
From
Dean C. Satterlee ~
Planning Technician Zf,...-.-- ~ c?'
7 August, 1990 --
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Date
Re
Boundary Line Determination for property located on
the gulf side of the west end of Upper Matecombe
Key which has the land use designation of CFSD-
ll, a portion thereof which is occupied by Papa
Joe's Bar and Restaurant.
INTRODUCTION
This is - an application by Mr. Donald Craig acting as agent for
Frank A.~Curtis, lessee and operator of Papa Joe's Bar and Restau-
rant, and Arthur B. Choate, owner of the property, who are re-
questing that the total area designated as CFSD-ll be changed,
through the utilization of the boundary line determination proce-
dures, to Suburban Commercial (SC).
It is the applicants contention that the County erred in designat-
ing the area CFSD-ll and that said error "was based on faulty
data (maps) and the boundary does not recognize previously exist-
ing comm4ercial uses: language describing area to be CFSD-ll was
not sufficiently specific to describe CFSD boundary."
LEGAL DESCRIPTION
The subject property is described as portions of Government lots
l, 2 and 3, Section 6, Township 64 South, Range 37 East, Tallahas-
see Meridian, Upper Matecombe Key, Florida.
SITE DESCRIPTION
The property is a mixture of older established businesses, re-
mains of_ an old tourist fishing camp, a mixture of vegetation
located in a Native Area, and the Tea Table Inlet.
PROPERTY HISTORY
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Much of the subject property has been utilized in various commer-
cial enterprises since the good old days. The present use of the
property according to Mr. Craig consists of a commercial restau-
rant, bar, bait and tackle shop, marina, parking lot, boat launch-
ing ramp and vacant land. As to the use of the property as a base
of operations for commercial boats, Mr. Curtis states that "prior
to late September 19 8 6, there have been no commerc i al fi sh ing
boats working out of Papa Joe's Marina. n Mr. Choate affirms that
"no commercial fishing boats have worked out of Papa Joe's Marina
since late September of 1986." From the forgoing, it appears that
commercial fishing boats have never worked out of the marina at
Papa Joe's.
ZONING HISTORY
ZONING MAPS - PRE-SEPTEMBER 15th, 1986
The zoning on che strip of property located between U.S. High-
way 1 and Tea Table Inlet was zoned BU-2 (Medium Business)
with the remainder of the property being zoned as GU (General
Use) .
LAND-USE DISTRICT MAPS - FEBRUARY 28th, 1986 (PATTISON)
'-
The Pattison maps gave the area bordering the Tea Table Inlet
a land use designation of Commercial Fishing Special Dis-
trict-II (CFSD-ll), while the remainder of the Choate holding
was designated as Native Area (NA).
Minutes of the November 13th, 1985 Board of County Commission-
ers meeting designated the CFA designation by the following
motion:
"Motion was made by Commissioner Fahrer and seconded by
Commissioner Freeman to designate Map No. 38 Area, Tea
Table Inlet across from Bud & Mary's Marina, as CFA(SPA)
for dockage of boats and trap storage. Roll call vote
was taken with the following results:
Commissioner Fahrer
Commissioner Freeman
Commissioner Stormont
Commissioner Swift
Mayor Harvey
Yes
Yes
No
Yes
Yes
-Motion Carried."
-
LAND USE DISTRICT MAPS - JANUARY 19th, 1988 (CRAIG)
The Craig maps appear to follow the Pattison maps in the
placement of the CFSD designation on the Chaote property.
Page 2
EXISTING CONDITIONS MAPS - JULY 2nd, 1985
The Existing Conditions map does not indicate any commercial
activity on the subject property. The oversight of this old
established commercial area is obviously a data error.
FINDINGS"1 OF FACT
l. There has been commercial ventures on the property adja-
cent to the Tea Table Inlet since sometime prior to 1940.
2. The area of Papa Joe's Bar and Restaurant was zoned BU-2
prior to Sept. l5, 1986.
3. The remainder of the subject property was zoned as GU
prior to Sept. 15, 1986.
4. The Existing Conditions maps dated July 2nd, 1985 do not
indicate any commercial activity on the subject proper-
ty; obviously a data error.
5. On Nov. l3th, 1985 the Board of County Commissioners
specifically voted to designate the land on Tea Table
-Inlet across from Bud & Mary's Marina for Wboat dockage
:and trap storage.w
6. The Pattison maps designated the land area contiguous to
the waters of Tea Table Inlet as CFSD-ll, as per the
BOCC motion of ll/l3/85.
7. The Craig maps follow the CFSD-ll designation as present-
ed on the Pattison maps.
8. .Chapter 9.5-24(a)(2)h of the Monroe County Code bestows
upon the Director of Planning the authority to, among
other duties, wrender interpretations of the plan, this
chapter or the boundaries of the official land use dis-
trict map.w (underlining added by staff)
9. Chapter 9.5-3(m) specifies the criteria that may be
used in making boundary interpretations:
WBOUNDARIES: Interpretations regarding boundaries of
land use districts on the land use district map shall be
made in accordance with the following:
-(l) Boundaries shown as following or approximately
- following any street shall be construed as follow-
ing the center line of the street.
(2) Boundaries shown as following or approximately
following any platted lot line or other property
line shall be construed as following such line.
(3) Boundaries shown as following or approximately
Page 3
following section lines, half section lines, or
quarter-section lines shall be construed as follow-
ing such lines.
(4) Boundaries shown as following or approximately
following the shoreline of any key or causeway or
other island shall be construed as following the
mean high water line of such island or key. In many
~ instances, the boundary lines have been intentional-
ly drawn seaward of the shoreline so that the shore-
line itself will be visible.
(5) All keys or islands without a specific land use
designation shall be considered zoned as off-shore
islands whether they are labeled as (OS) OFF-SHORE
ISLANDS, unlabeled, not shown on these maps, or lie
beyond the areas covered by these maps.
(6) Boundaries shown as separated from and parallel or
approximately parallel to any of the features list-
ed in the paragraphs above shall be construed to be
parallel to such features and at such distances
therefrom as shown on the map."
There are no additional provisions within the Code that
would allow for other methods or criteria in interpret-
ing the position or location of land use district lines.
~Nothing in any of the above interpretation procedures
allows for the movement of a land use designation line:
just the interpretation of where that line is delineated
on the actual geosphere. Any movement of the line MUST
be accomplished through the map amendment procedures:-
(lO) Chapter 9.5-5ll(d)(5)a(iii) specifies that the Board of
County Commissioners may adopt an ordinance enacting a
proposed change to the land use map for, among others,
.the following reasons:
"Data errors, including errors in mapping, vegeta-
tive types and natural features described in volume
1 of the plan."
EVALUATION
Based upon the preceding findings of fact, Mr Craig's argument
that the subject property was designated in error based upon
faulty data and lack of recognition of existing uses, seems rath-
er moot since the Code makes no provisions within the interpreta-
tion procedures for the type of action that Mr. Craig is propos-
ing. The~Code does specifically allow for data and mapping errors
to be corrected, but by the map amendment rather than the bounda-
ry line determination process.
RECOMMENDATION
Page 4
It is the recommendation of the staff of the Monroe County Plan-
ning Department that the County DENY the applicants request for
a boundary line adjustment. This recommendation is based upon the
fact that the request by Mr. Craig would not merely interpret the
location of the CFSD-ll land use district line, but would in fact
completely remove chat designation from the Tea Table Inlet area.
It is s1:aff's vehement position that any change in the location
of a land use district line to other than as portrayed on the
npattisonn maps constitutes a map amendment, and therefore legal-
ly requires the use of the Land Use District Map amendment pro-
cess, as specified in Section 9.5-5l1 of the Monroe County
Land Development Regulations.
B/PAPAJO.Ol/TXTDR
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STRAfTS OF FLORIDA
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~,.f!ur.....nt to Section 1.5-24Ca)(2)(h) of tha Monroe County Coda,
the boundarle. of the Land U.e DI.trlct Map are Interpreted to be
located a. Indicated .bove and briefly de.crlbad u: Delete boundary
alonq u.s. Hiqhway 1 as shown, delete CFSD-ll desiqnation and
redesi~nn~e nS se.
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Director of Planning
Sheet;; 181/'8? Key TTp~r ~vt9<,"mho
Date
BOCC Re.olutlon
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5rRAlTS OF FLORIDA.
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Land Use District Maps ~
Monroe County, Florida ...
January 19,1988
Pane' or Sheet# 18l & 182 Flle# 72
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