Ordinance 012-1997
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Planning Department
ORDINANCE NO.
012
-1997
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS ADOPTING A FUTURE LAND USE MAP
AMENDMENT CHANGING THE FUTURE LAND USE
DESIGNATION FOR PROPERTY LEGALLY DESCRIBED AS
A . _. PART OF TRACT 37, RUSSELL ESTATE
SUBDIVISION, SECTION 28, TOWNSHIP 63 SOUTH,
RANGE 37 EAST, TALLAHASSEE MERIDIAN, UPPER
MATECUMBE, MONROE COUNTY, FLORIDA AND HAVING
THE REAL ESTATE IDENTIFICATION NUMBER
404450-000000 FROM RESIDENTIAL LOW (RL) TO
MI~D USE/COMMERCIAL (MU/C).
WHEREAS, the Board of County Commissioners, on April 15,
1993, adopted the Monroe County Year 2010 Comprehensive Plan
and therefore, designated the property located in Russell Estate
Subdivision on part of Tract 37 at mile marker 82.7 on Upper
Matecumbe, Monroe County, Florida as Residential Low (RL) on
the Future Land Use Maps; and
WHEREAS, the applicant has requested a Future Land Use Map
amendment for the above described property to change its future
land use designation from Residential Low
(RL)
to Mixed
Use/Commercial (MU/C); and
WHEREAS, the Planning and Environmental Resources Departments
have reviewed the proposed future land use map changes and recom-
mended approval; and
Page 1
BARTSOC.22/TXTAMAP
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WHEREAS, during the amendment process, the Development Review
Committee, after due notice and public participation in the hear-
ing process, has reviewed the proposed future land use map chang-
es and recommended approval; and
WHEREAS, during the amendment process, the Monroe County
Planning Commission, sitting as the local planning agency, after
due notice and public participation in the hearing process, has
reviewed the proposed future land use map changes and the recom-
mendations of the Planning and Environmental Resources Depart-
ments and the Development Review Committee and recommended ill2..=.
proval; and
WHEREAS, the Monroe County Board of Commissioners,
notice and public participation in the hearing process,
viewed all of the above recommendations; and
after due
has re-
WHEREAS, the Monroe County Board of Commissioners adopts the
following findings of fact:
1. The existing development has been a commercial use since at
least 1985, according to the records of the property appraiser's
office.
2. The property was designated IIDisturbedll on the 1985 Existing
Conditions Map.
BARTSOC.22/TXTAMAP
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3. No county record exists that indicates that the subject prop-
erty should be designated anything other than commercial.
4. The Future Land Use Map of the Monroe County Year 2010 Com-
prehensi ve Plan designates this property as Residential Low t
which does not permit commercial uses.
5. Commercial uses contribute to the mixed use community charac-
ter of the area and is a more appropriate and compatible land use
for this segment of U.s. Hwy. 1 than low density residential uses.
6. Objective 101.4 of the Monroe County Year 2010 Comprehensive
Plan requires the regulation of future development to maintain
the character of the community and protect natural resources by
providing for a compatible distribution of land uses consistent
with the designations shown on the Future Land Use Map.
7. Objective 101.8 of the Monroe County Year 2010 Comprehensive
Plan requires the elimination and reduction of the frequency of
those uses inconsistent with the Future Land Use Map.
8. Policy 101.4.5 of the Monroe County Year 2010 Comprehensive
Plan states that the purpose of the Mixed Use/Commercial land
use designation is to provide for the establishment of commercial
zoning districts where commercial retail and office uses may be
permitted at intensities consistent with the community character
and the natural environment.
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Initials
WHEREAS, the Monroe County Board of Commissioners makes the
following conclusions of law:
1. The property was incorrectly designated for Residential Low
uses by the Future Land Use Map of the Monroe County Year 2010
Comprehensive Plan (Findings of Fact 1-4).
2. Mixed Use/Commercial is a more appropriate future land use
category for the subj ect property than Residential Low because
Mixed Use/Commercial supports the community character of this
segment of U.S. Hwy. 1 and furthers the objectives and policies
of the Monroe County Year 2010 Comprehensive Plan (Findings of
Fact 5-8).
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COMMISSIONERS
OF MONROE COUNTY, FLORIDA: THAT
Section 1. This Board specifically adopts the findings of
facts and conclusions stated above; and therefore
Section 2. The previously described property, as shown on
the attached map, which is hereby incorporated by reference, and
attached as exhibit I, shows that the property is currently desig-
nated as Residential Low (RL) and shall now be designated Mixed
Use/Commercial (MU/C).
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Section 3. The Future Land Use Maps of the Monroe County
Year 2010 Comorehensive Plan shall be amended, as shown in exhib-
it 1, changing the future land use designation for the property.
Section 4. If any section, subsection, sentence, clause,
item, change or provision of this ordinance is held invalid, the
remainder of this ordinance shall not be affected by such invalid-
ity.
Section 5. This ordinance is hereby transmitted to the
state land planning agency for approval or disapproval pursuant
toF.S.380.0552(9).
Section 6. This ordinance shall be filed in the Office of
the Secretary of State of the State of Florida, but shall not be
deemed effective until approved by the state land planning agency.
BARTSOC.22/TXTAMAP
Page 5
Initials
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of the Board held on
the 16 th day of April
, A.D., 1991.
Mayor Freeman yes
Mayor Pro Tern London yes
Commissioner Harvey yes
Commissioner Douglass yes
Commissioner Reich yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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BY
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
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BY
BARTSOC.22/TXTAMAP
Page 6
Initials
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BRANCH OFFICE
3117 OVERSEAS ffiGHWAY
MARAlHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS ffiGHWA Y
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
April 21, 1997
CERTD1ED MAIL
RETURN RECEIPT REQUFSTED
Mrs. Liz Cloud
Florida Department of State
Bureau of Administrative Code and Laws
The Elliot Building
401 South Monroe Street
Tallahassee, Fl. 32399-0250
Dear Mrs. Cloud:
Enclosed please find a certified copy of Monroe County Ordinance No. 012-1997,
adopting a Future Land Use Map Amendment changing the Future Land Use
Designation for property legally described as a part of Tract 37, Russell Estate
Subdivision, Section 28, Township 63 South, Range 37 East, Tallahassee Meridian,
Upper Matecumbe, Monroe County, Florida, and having the Real Estate Identification
Number 404450-000000 from Residential Low (RL) to Mixed Use/Commercial (MU/C).
This Ordinance was adopted by the Monroe County Board of County
Commissioners at a Regular Meeting, in fonnal session, on April 16, 1997.
Mrs. Liz Cloud
April 21, 1997
Page 2
Please file for record.
Sincerely,
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Conunissioners
By: Ruth Ann Jantzen
Enclosure
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Dep Cle
cc: County Attorney
Growth Management Director
County Administrator, wlo document
File
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UNITED STATES
POSTAL SERVICE
Z 396 367 713
Receipt for
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Do not use for International Mail
(See Reverse)
~ Sent to
~ MRS. LIZ CLOUD
~ Street and No. FL. DEPT. OF STATE
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PO, State and ZIP Code
TALLAHASSEE, FL. 32399-0250
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DIVISIONS OF FLORIDA DEPARTMENT OF ST ATE
Oiiin' lli the s..'Crl'l,lf\,
l )iiicl' lli Inll'rIl,lti,,,,,,llkl.ltillns
Di\'isiol1 of Administr.lti\'l' St.'f\'il'l'S
Di\'isi\lI1 of Corporations
Di\'ision of Cultur.ll Aff.lirs
Division of Elections
Di,'isioll of Ilistoric.11 Rt.'SOUT('l'S
Di,'isillll of I.ihr.lf\' .1IH.i InhlTm.ltion St.'n'icl's
Di\isilln lli Licensing FLORIDA DEPARTMENT OF STATE
Sandra B. Mortharn
Secretary of State
DIVISION OF ELECTIONS
MEMBER OF THE FLORIDA CABINET
Historic Florida Keys Preservation Board
Historic Palm Beach County Preservation Board
Historic Pensacola Preservation Board
Historic St. Augustine Preservation Board
Historic Tallahassee Preservation B{lllrd
Historic Tampa/Hillsborough County
Preservation Board
Ringling Museum of Art
April 24, 1997
Honorable Danny L. Kolhage
Clerk to Board of County Commissioners
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Ruth Ann Jantzen, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your
letters dated April 21, 1997, and certified copy each of Monroe County Ordinance Nos.
97-12 and 97-13, which were filed in this office on April 23, 1997.
Sincerely,
~~
Liz Cloud, Chief
Bureau of Administrative Code
LC/mw
BUREAU OF ADMINISTRATIVE CODE
The Elliot Building · 401 South Monroe Street · Tallahassee, Florida 32399-0250 · (904) 488-8427
FAX: (904) 488-7869 . WWW Address http://www.dos.state.fl.us · E-Mail: electiOlZ@lIl11il.dos.state.j7.lIs