Ordinance 063-1996Planning Department
ORDINANCE NO. 063 -1996
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS ADOPTING A LAND USE MAP
(ZONING) AMENDMENT CHANGING THE 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 SUBURBAN RESIDENTIAL (SR)
TO SUBURBAN COMMERCIAL (SC).
WHEREAS, Section 9.5-511(c), Monroe County Code of
Ordinances (Code), provides that the land development regula-
tions (Chapter 9.5 of the Code), including the land us(K disTrict
maps, may be amended or changed at any time; and z o
o T.
WHEREAS, the Board of County Commissioners oa Fepruary
CD
28, 1996, designated property described as part of aract; 37,
Russell Estate Subdivision, Section 28, Township 63 South, Range
37 East, Tallahassee Meridian, Upper Matecumbe, at mile marker
82.7, Monroe County Florida as Suburban Residential (SR); and
WHEREAS, the applicant has requested a map amendment for
the above described property to change its land use district
designation from Suburban Residential (SR) to Suburban Commercial
(SC) ; and
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BARTSOC.24/TXTAMAP Initials
WHEREAS, the Planning and Environmental Resources Departments
have reviewed the proposed land use district map changes and
recommended approval; and
WHEREAS, during the amendment process, the Development Review
Committee, after due notice and public participation in the hear-
ing process, has reviewed the proposed land use district map
changes 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 land use district map changes and the recom-
mendations of the Planning and Environmental Resources Depart-
ments and the Development Review Committee and recommended aip-
proval;
WHEREAS, the Monroe County Board of Commissioners, after due
notice and public participation in the hearing process, has re-
viewed all of the above recommendations; and
WHEREAS, the Monroe County Board of Commissioners makes 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.
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BARTSOC.24/TXTAMAP Initials
2. The property was designated "Disturbed" on the 1985 Existing
Conditions Map.
3. No county records indicate that the County intended to desig-
nate this property with a land use district designation which
would make it nonconforming.
4. Commercial uses contribute to the mixed use community charac-
ter of the area and that such designation is therefore more appro-
priate for this property.
S. The Monroe County Year 2010 Comprehensive Plan prohibits
commercial uses in residential land use districts (Policies
101.4.2 and 101.4.22).
6. Goal 102 and Objective 101.8 of the Monroe County Year 2010
Comprehensive Plan calls for directing growth to lands suitable
for development and the elimination and reduction in frequency of
uses which are inconsistent with the applicable provisions of the
land development regulations.
7. The proposed zoning of SC is not consistent with the existing
Future Land Use category of Residential Low, but would be consis-
tent with the Future Land Use designation of Mixed Use/Commercial
requested by the applicant.
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BARTSOC.24/TXTAMAP Initials
WHEREAS, the Monroe County Board of Commissioners makes the
following conclusions of law:
1. The property was incorrectly designated Suburban Residential
on the Official Land Use District Maps (Findings of Fact 1-3).
2. Suburban Commercial is a more appropriate future land use
category for the subject property than Suburban Residential
(Findings of Fact 4-7).
3. The rezoning of the property from SR to SC will support Goal
102 and Objective 101.8 of the Monroe County Year 2010 Compre-
hensive Plan by making the property conforming and directing
growth away from sensitive lands to areas more suitable for devel-
opment. (Finding of Fact 6).
4. The existing Future Land Use designation of SR for the proper-
ty must be changed to Mixed Use/Commercial category in order for
the property to be rezoned consistent with the Monroe County Year
2010 Comprehensive Plan. (Finding of Fact 7).
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
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BARTSOC.24/TXTAMAP Initials
Section 2. The previously described property, as shown on
the attached map, which is hereby incorporated by reference, and
attached as exhibit 1, shows that the property is currently desig-
nated as Suburban Residential (SR) and shall now be designated
Suburban Commercial (SC).
Section 3. The land use district map shall be amended, as
shown in exhibit 2, changing the 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. The adoption of this ordinance shall only be
effective upon the adoption of an ordinance approving a change to
the Future Land Use Maps from Residential Low to Mixed
Use/Commercial for the subject property.
Section 6. After the effective date of its adoption, this
ordinance shall be transmitted to the state land planning agency
for approval or disapproval pursuant to F.S. 380.0552(9).
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BARTSOC.24/TXTAMAP Initials
Section 7. 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.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of the Board held on
the 12 th day of November , A.D., 1996.
Mayor Freeman yes
Mayor Pro Tem London yes
Commissioner Harvey yes
Commissioner Douglass yes
Commissioner Reich yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
MATOR IRMA
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
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BARTSOC.24/TXTAMAP Initials
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Land Use District Map
Proposed Map Amendment
Key: Upper Matecumbe
MM: 82.7
Proposal: From SR to SC
Property Description: Pt. Tract
tract 37 & 38 & NW between tract 36 & 37, RE 00404450-000.
Applicant Name: Bartsocas Brothers, Inc./Tobin
Map # : 175, 176, 177
1 File Number: M95102
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BRANCH OFFICE CLERK OF THE CIRCUIT COURT
3117 OVERSEAS HIGHWAY MONROE COUNTY
MARATHON, FLORIDA 33050 500 WHITEHEAD STREET
TEL. (305) 289-6027 KEY WEST, FLORIDA 33040
FAX (305) 289-1745 TEL. (305) 292-3550
FAX (305) 295-3660
November 25, 1996
CERTI)r IED MAIL
RETURN RECEIPT REQUESTED
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:
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL (395) 852-7145
FAX (305) 852-7146
Enclosed please find a certified copy,of Monroe County Ordinance No. 063-1996,
adopting a Land Use Map (Zoning) Amendment changing the 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 No. 404450-000000 from
Suburban Residential (SR) to Suburban Commercial (SC).
This Ordinance was adopted by the Monroe County Board of County
Commissioners at a Regular Meeting, in formal session, on November 12, 1996.
s I
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Alm. Liz Cloud
November 25,1996
Page 2
Please file for record. .
Sincerely,
Danny L. Kolhage
Cleric of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
By: Ruth Ann Jantzen
Depuff CleMl
Enclosure
cc: County Attorney
County Administrator
Growth Management Director
File
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MRS. LIZ CLOUD
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(ORD. 061-1996 THRU 064-19
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DIVISIONS OF FLORIDA DEPARTMENT OF STATE
Office of the Secrelary
Division of Administrative Services
Division of Corporations
Division ul' Cuhuml AB'airs
Division of Elections
Division of Historical Resources
Division of Uhrary and Information Services
Division of Licensing
MEMBER OF THE FLORIDA CABINET
FLORIDA DEPARTMENT OF STATE
Sandra B. Mortham
Secretary of State
DIVISION OF ELECTIONS
November 27, 1996
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:
HISTORIC PRESERVATION BOARDS
Historic Florida Keys Preservation Board
Historic Palm Beach County Preservation Board
Historic Pensacola Preservation Board
Historic St. Augustine Preservation Board
Historic Tallahassee Preservation Board
Historic Tampa illshorough Countyy
Preservation Bonrii
RINGLING MUSEUM OF ART
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your
letters dated November 22 and 25, 1996, and certified copy each of Monroe County
Ordinance Nos. 96-57 through 96-64, inclusive, which were filed in this office on
November 27, 1996.
Sincerely,
Liz Cloud, ief
Bureau of Administrative Code
LC/mw
.I
BUREAU OF ADMINISTRATIVE CODE
fie Elliot Bui0� South Mint;�.ie Street • Tallahassee, Florida 32399-0250 • (904) 488-8427
PAX: (04) 48�' ' ti � VFW A��ress httla:/`/ww�.d�,�t�te.fl.us �_�qa;l: elerc�6unvat�mail.ii�rs.�tnt��fl.aas