Ordinance 004-1995
Planning Department
ORDINANCE NO. 004-1995
AN ORDINANCE ADOPTING A LAND USE DISTRICT MAP
AMENDMENT CHANGING THE LAND USE DESIGNATION
FOR THE WILLIAM E. OLSON AND CYNTHIA O. WARD
PROPERTY LEGALLY DESCRIBED AS PART OF GOVT.
LOTS 1 & 2 AND ADJACENT BAY BOTTOM, BIG PINE
KEY, SECTION 27, TOWNSHIP 66S, RANGE 29E,
MILE MARKER 29. 5 ., AND FURTHER DESCRIBED IN
METES AND BOUNDS, FROM COMMERCIAL FISHING
SPECIAL DISTRICT 1 (CFSD-1) TO SUBURBAN
COMMERCIAL (SC) i TRANSMITTING THESE
AMENDMENTS TO THE STATE LAND PLANNING AGENCY
FOR APPROVAL; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 9.5-511(c), Monroe Count v Code of Ordinanc-
es (Code), provides that the land development regulations (Chap-
ter 9.5 of the Code), including the land use district maps, may
be amended or changed at any time; and
WHEREAS, the Board of County Commissioners cfj Febr~ry ,:~ 8,
1986, designated Part of Govt. Lot 1 & 2, and adj~cent ~y ~t-
I'T1
co "71
tom, Big Pine Key, Section 27, Township 66S, Range 29E, ReaL2Es-
.... . .~<...
00111780-000000, 00111810-000000 as Commercial
-:.0
00111 77fJ:J- OOO-eOO,
N ,~
Fishin~ SP~ial
tate Numbers 00111740-000000, 00111760-000000,
District 1 (CFSD-1), and
Page 1
OLSON. 12/TXTAMAP
Initials
WHEREAS, the applicants originally requested a map amendment
for the above described property to change its land use district
designation from Commercial Fishing Special District 1 (CFSD-l)
to Mixed Use (MU); and
WHEREAS, the Planning Department and Environmental Resources
staff have reviewed the originally proposed land use district map
changes and recommended denial for rezoning from Commercial Fish-
ing Special District 1 (CFSD-l) to Mixed Use (MU) , and approval
of an alternative zoning, Suburban Residential (SR); and
WHEREAS, during the amendment process, the Development Review
Committee, after due notice and public participation in the hear-
ing process, has reviewed the originally proposed land use dis-
trict map changes and recommended approval for rezoning from
Commercial Fishing Special District 1 (CFSD-l) to Mixed Use (MU) ,
subject to further Planning staff analysis; and
WHEREAS, the applicants revised their requested map amendment
for the above described property to change its land use district
designation from Commercial Fishing Special District 1 (CFSD-l)
to Suburban Commercial (SC); and
WHEREAS,
staff have
the Planning Department and Environmental Resources
reviewed the revised proposed land use district map
OLSON.12/TXTAMAP
Page 2
Initials
changes and recommended denial for rezoning from Commercial Fish-
ing Special District 1 (CFSD-l) to Suburban Commercial (SC); and
WHEREAS, the Planning Commission, after due notice and public
participation in the hearing process, has reviewed the proposed
land use district map changes and recommended approval for rezon-
ing from Commercial Fishing Special District 1 (CFSD-l) to Subur-
ban Commercial (SC); and
WHEREAS, the Director of Planning now recommends approval of
the requested zoning change from Commercial Fishing Special Dis-
trict 1 (CFSD-l) to Suburban Commercial (SC); and
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 now legislatively
acts thereon; and
WHEREAS, F.S. 380.0552(9) requires that the state land plan-
ning agency must approve all proposed land use district map chang-
es before such changes may become effective; NOW THEREFORE
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF MONROE COUN-
TY, FLORIDA: THAT
OLSON.12/TXTAMAP
Page 3
Initials
Section 1. This Board specifically adopts the findings of
facts and conclusions of law reached by the Planning Commission,
in PC Resolution No. P60-94, as our own; and therefore
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 Commercial Fishing Special District 1 (CFSD-1) and which
designation is hereby repealed. Exhibit 2, attached hereto, and
hereby incorporated by reference, provides the legal description
of the property to be rezoned.
Section 3. The land use district map shall be amended, as
shown in exhibit 1, changing the land use designation for the 5
parcels that comprise the property, including the parcels de-
scribed by Real Estate Numbers 111740-000000, 111780-000000 and
111810-000000, and also including the bay bottom described by
Real Estate Numbers 00111770-000000 and 0011760-000000, which lie
directly west of the aforementioned parcels, from Commercial
Fishing Special District 1 (CFSD-1) to Suburban Commercial (SC).
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.
OLSON. 12/TXTAMAP
Page 4
Initials
Section 5. This ordinance is hereby transmitted to the
state land planning agency for approval or disapproval pursuant
to F.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.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of the Board held on
the 18th day of January, A.D., 1995.
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
BY i~z~
( SEAL)
~//"A)~~
DEPU CLE
.
ATTEST: DANNY L. KOLHAGE, CLERK
OLSON. 12/TXTAMAP
Page 5
Initials
I, "
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Exhibit 1
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NORrH PINE CHANNEL
CFSD-1
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NORTH PINE CHANNEL
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Proposal:CF'SD-l to SC. A chan e to MU or SR wi
considered.
Property Description: Part of Govt. lot 1 & 2 and ad":acent
1 "=400'
bay bottom, Sec. 27,
Applicant Name: Olson,
Map #: 357 & 358
29E.
Twn 66S,
William & C nthia
File Number: M93060
Exhibit 2
LEGAL DESCRIPTION: OLSON/WARD PROPERTY
REAL ESTATE NUMBERS 111740-000000, 111780-000000, 111810-000000:
Commencing at the intersection of the East line of Government Lot
I, Section 27, Township 66 south, Range 29 east and the South
Right -of -way line of U. S. Highway No. I, bear West along the
South Right-of-way line of U.S. highway No. I, for a distance of
450 feet to the Point of Beginning of the tract of land hereinaf-
ter described; from said point of beginning, bear South and paral-
lel with the East line of aforementioned Government Lot I, 327.12
feet; thence bear West at right angles and on a line parallel
with the South boundary line of Government Lot I, for a distance
of 380 feet more or less to the shoreline of Pine Channel; thence
meander the shoreline of Pine Channel in a Northwesterly direc-
tion for a distance of 280 feet more or less; to the South right-
of-way line of U.S. Highway No.1; thence run Easterly along the
South right-of-way of U.S. Highway NO.1 for a distance of 458.14
feet more or less, back to the point of beginning.
REAL ESTATE NUMBER 00111770-000000:
Big Pine Key Bay Bottom adj acent to part of
Section 27, Township 66 South, Range 29 East
ing to Property Appraiser records} .
Government Lot I,
(.52 acre, accord-
REAL ESTATE NUMBER 00111760-000000:
Bay Bottom west of and adjacent to part of Government Lot 2,
Section 27, Township 66 South, Range 29 East (.26 acre, according
to Property Appraiser records) .
OLSON. 12/TXTAMAP
~ann!, 1... Itolbage
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
MEMORANDUM
TO: Bob Hennan
Director of Growth Management
Attention: Angela J. Adams, Senior Staff Assistant
FROM:
Ruth Ann Jantzen
Deputy Clerk
/::J /1 ,1
A:A~ -..(..,{' ;J1~ .
p
DATE:
February 1, 1995
At the January 18, 1994 County Commission Meeting, the Board adopted
Ordinance No. 004-1995 adopting a Land Use District Map Amendment changing the
Land Use Designation for the William E. Olson and Cynthia O. Ward property legally
described as part of Government Lots 1 & 2 and adjacent bay bottom, Big Pine Key,
Section 27, Township 66S, Range 29#, Mile Marker 29.5.,and further described in
metes and bounds, from Commercial Fishing Special District 1 (CFSD-l) to Suburban
Commercial (SC); transmitting these amendments to the State Land Planning Agency
for approval; providing for severability; and providing for an effective date.
Enclosed please find three certified copies of the above Ordinance. I understand
that you will follow through with DCA on the above Ordinance, and upon approval of
the above by DCA, you will transmit a certified copy of this ordinance to the State
Department for filing, and to Municipal Code Corporation for inclusion into the County
Code Book.
This office will require a copy of the letter to the Florida Department of State, as
well as their letter acknowledging the filing of same. We will also require a copy of
acknowledgment from Municipal Code for our files. .
Bob Hennan
February 1, 1995
Page 2
If you have any questions regarding the above, please do not hesitate to contact
this office.
cc: County Attorney
County Administrator, w/o document
File
a4-~
O'YY~!TY ~o~~~?oE
(3051294,4641
BOARD OF COUNTY COMMISSIONERS
MAYOR, Jack London, District 2
Mayor Pro Tern, A Earl Cheal, District 4
\l\lilhelmina Harvey, District 1
Shirley Freeman, District 3
Mary Kay Reich, District 5
Growth Management Division
2798 Overseas Highway
Suite 400
Marathon, FL 33050-2227
February 16, 1995
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Ms. Linda Shelly, Secretary
Fla. Dept. of Community Affairs
2740 Centerview Drive
Tallahassee, FL 32399
RE: Monroe County Map Change Ordinances
Dear Secretary Shelly:
Enclosed please find the following Monroe County Ordinances af-
fecting map amendments/zoning changes, which are being forwarded
to the Department for review. These ordinances were adopted by
the Monroe County Board of Commissioners on January 18, 1995.
1. An Ordinance adopting a Land Use District Map Amendment
changing the Land Use Designation for the William E. Olson
and Cynthia O. Ward property legally described as part of
Government Lots 1 & 2 and adjacent bay bottom, Big Pine Key,
Section 27, Township 66S, Range 29E, Mile Marker 29.5, and
further described in metes and bounds, from Commercial Fish-
ing Special District 1 (CFSD-1) to Suburban Commercial (SC) i
Transmitting these amendments to the State land planning
agency for approval i Providing for severability i Providing
for an effective date.
We respectfully request that rules approving Monroe County map
amendment ordinances be copied to us immediately, either by FAX
at (305) 289-2536 or by U.S. Mail at the above address, to my
attention.
~~
\i:P"
Please feel free to contact me with any questions or comments
you may have regarding the enclosed ordinances. Thank you for
your assistance.
s~~
Robert L. Herman ~
Director of Growth Management
RLH:aa
enclosures
cc: Liz Cloud, Dept. of State, Bureau of Administrative Codes
Charles Pattison, Director, Div. of Resource Planning & Mgmt.
Michael McDaniel, ACSC Administrator, Fla. DCA
Alan Woolwich, Florida Keys Field Office, Fla. DCA
Lorenzo Aghemo, Director of Planning, Monroe County
Antonia Gerli, Development Review Coordinator
Holly Larson, Comprehensive Plan Manager, Monroe County
Jean Pape, Staff Assistant II, Monroe County Planning Dept.
Linda Fatora, Graphics Technician, Monroe County Plng. Dept.
Dianne Bair, FEMA Coordinator, Monroe County (For Review)
Belle DiSantis, Deputy Clerk, Monroe County
mann!, 1... Itolbage
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
February 17, 1995
CERTD'IED MAIL
RETURN RECEIPf 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:
Enclosed please find a certified copy of Monroe County Ordinance No. 004-1995,
adopting a Land Use District Map Amendment changing the Land Use Designation for
the William E. Olson and Cynthia O. Ward property legally described as part of
Government Lots 1 and 2, and adjacent bay bottom, Big Pine Key, Section 27, Township
66S, Range 29E, Mile Marker 29.5.,and further described in metes and bounds, from
Commercial Fishing Special District 1 (CFSD-l) to Suburban Commercial (SC);
transmitting these amendments to the State Land Planning Agency for approval;
providing for severability; and providing for an effective date.
This Ordinance was adopted by the Monroe County Board of County
Commissioners at a Regular Meeting in fonnal session on January 18, 1995.
Please file for record.
Sincerely,
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
By: Ruth Ann Jantzen
H'..uf~)~)
eputy lerk
cc: Municipal Code Corporation
County Commissioners
County Attorney
County Administrator
Growth Management Director
File
z
009 995 524
Receipt for
Certified Mail
No Insurance Coverage Provided
Do not use for International Mail
(See Reverse)
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UNITED STAlfS
POSTAL SERVICE
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FLORIDA DEPARTMENT OF STATE
Sandra B. Mortham
Secretary of State
DIVISION OF ELECTIONS
Bureau of Administrative Code
The Elliot Building
401 South Monroe Street
Tallahassee, Florida 32399-0250
(904) 488-8427
February 23,
"7
1995i c ~ -rt
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Honorable Danny L. Kolhage
Clerk of Circuit Court
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,t
this will acknowledge your letter dated February 17, 1995 and
certified copy of Monroe County Ordinance No. 004-1995, which
was filed in this office on February 21, 1995.
Si>l:~ ~J
Li~I~-uQ Chief
Bureau of Administrative Code
LC/mw