Ordinance 027-1995
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ORDINANCE NO. 027-1995
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AN ORDINANCE ADOPTING A LAND USE DISTRICT MAP ~
AMENDMENT, CHANGING THE LAND USE DESIGNATION W
FOR THE MICHAEL C. COPPOLA & RICHARD ~
N
REITHMAYR PROPERTY, LEGALLY DESCRIBED AS 'PART
OF PARCEL I-A, IN GOVERNMENT LOT 4, SECTION
31, TOWNSHIP 66 SOUTH, AND RANGE 28 EAST, AND
FURTHER DESCRIBED IN METES AND BOUNDS,
SUGARLOAF KEY, MONROE COUNTY FLORIDA FROM
SUBURBAN RESIDENTIAL (SR) TO SUBURBAN
COMMERCIAL (SC); TRANSMITTING THIS AMENDMENT
TO THE STATE LAND PLANNING AGENCY FOR
APPROVAL; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
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WHEREAS, Section 9.5-511 (c), Monroe County Code of Ordinanc-
es (Code), provides that the land development regulations (Chap-
be amended or changed at any time; and
ter 9.5 of the Code), including the land use district maps, may
WHEREAS, the Board of County Commissioners on February 28,
1986, designated Part of Parcel I-A, in Government Lot 4,
Estate Number 00118210-000000 as Suburban Residential (SR), and
Sugarloaf Key, Section 31, Township 66 South, Range 28 East, Real
COPPOLA. 19A/TXTAMAP
Page 1
Initials
WHEREAS, the applicants have requested a map amendment for
the above described property to change the land use district
designation from Suburban Residential (SR) to Suburban Commercial
(SC); and
WHEREAS, the Planning Department and Environmental Resources
staff have reviewed the proposed land use district map change and
recommended denial; 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
change and recommended denial; 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 change and the recom-
mendations of the Planning Department and the Development Review
Committee; and
COPPOLA.19A!TXTAMAP
Page 2
Initials
WHEREAS, the Planning Commission has found the requested
change not to be consistent with the Monroe County Comprehensive
Plan and has made a recommendation that the Monroe County Board
of Commissioners deny the applicant's request to rezone the prop-
erty from Suburban Residential (SR) to Suburban Commercial (SC);
and
WHEREAS, the Monroe County Board of Commissioners, after due
notice and public participation in the hearing process, and after
review of all the above recommendations, finds the requested zon-
ing change to be consistent with the Florida Keys' Comprehensive
Plan and now legislatively acts thereon; based on the following
findings of fact:
1. The Board of County Commissioners finds that
the neighborhood in which the property is located
encompasses different uses, but is primarily
commercial, and that the property fronts on u.S.
Highway One; moreover, the property is now occupied
by an office building, consistent with the Suburban
Commercial District.
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 RESOLVED BY THE BOARD OF COMMISSIONERS OF MONROE COUN-
TY, FLORIDA: THAT
COPPOLA. 19A/TXTAMAP
Page 3
Initials
Section 1. 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 Suburban Residential (SR) and which designation is hereby
repealed. Exhibit 2, attached hereto, and hereby incorporated by
reference provides the metes and bounds description of the sub-
ject property.
Section 2. The land use district map shall be amended, as
shown in Exhibit I, changing the land use designation for the
parcel described in Exhibit 2, from Suburban Residential (SR) to
Suburban Commercial (SC).
Section 3. 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 4. This ordinance is hereby transmitted to the
state land planning agency for approval or disapproval pursuant
toF.S.380.0552(9).
Section 5. 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.
COPPOLA. 19A/TXTAMAP
Page 4
Initials
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 July, A.D., 1995, a zoning change from Suburban
Residential (SR) to Suburban Commercial (SC) for the Coppola &
Reithmayr Property, legally described as part of Parcel I-A, in
Government Lot 4, and further described in metes and bounds.
Mayor Freeman No
Mayor Pro-tern London Yes
Commissioner Harvey Yes
Commissioner Douglass No
Commissioner Reich Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
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MAYOR!CHA MAN
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
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EPUT CLE
COPPOLA. 19A!TXTAMAP
Page 5
Initials
EXHIBIT 1
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Key: Sugar loaf
PROPOSED
Pr opo.al I SR to SC
Property D..oS "Johnson Tract": part of govt lot 4
Sec. 31, Twn. 66, Rge. 28, corner USl & Johnson Rd
Appll cant Name I Coppola & Rei thmayr
loUD Map: 457 & 458
F11. Number:
M93049
EXHIBIT 2
METES AND BOUNDS DESCRIPTION FOR COPPOLA & REITHMAYR PROPERTY
On Sugarloaf Key, Monroe County, Florida and being a part of
Parcell-A, in Government Lot 4, Section 31, Township 66 south,
Range 28 East, and being more particularly described by metes and
bounds as follows;
Commence at the intersection of the West line of said section 31
with the Southerly Right of way line of U.S. Highway No. 1 (a 200
foot right of way); Thence run parallel with U.S. Highway No.1,
N 72 degrees 18' 24" E, 26.24 feet to a point on the Easterly
right of way of Johnson Road for a Point of Beginning; Thence
continue N 72 degrees 18' 24" E Along said southerly right of way
of U.S. Highway No.1, 146.50 feet; Thence East 252.43 feet;
Thence South 199.09 feet; Thence West along Flamingo Road 392.00
feet to a point on the Easterly Right of way of aforementioned
Johnson Road; Thence North 154.57 feet to the Point of Beginning.
Contains 1.64 acres M.O.L.
1Dannp JL. J&olbagt
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
August 17, 1995
CERTD'IED MAIL
RETURN RECEIPI' 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. 027-1995
adopting a Land Use District Map Amendment changing the Land Use Designation for
the Michael C. Coppola and Richard Reithmayr property, legally described as part of
parcel I-A, in government lot 4, section 31, township 66 south, and range 28 east, and
further described in metes and bounds, Sugarloaf Key, Monroe County, Florida, from
Suburban Residential (SR) to Suburban Commercial (SC); transmitting this
Amendment 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 July 18, 1995.
Please file for record.
, '
. Mrs. LiZ Cloud.
August 17, 1995
Page 2
Sincerely,
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
By: Ruth Ann Jantzen
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. Dep y Cler
cc: . Growth Management Director
County Attorney
County Administrator
Property Appraiser
File
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IMPORTANT' PL;\CE STICKER AT TOP OF ENVELOPE TO
THE RIGHT OF RETURN ADDRESS,
FLORIDA DEPARTMENT OF STATE
Sandra B. Mortham
SecretaI)' of State
DIVISION OF ELECTIONS
Bureau of Administrative Code
The Elliot Building
401 South Monroe Street
Tallahassee, Florida 32399-0250
(904) 488-8427
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August 22, 1995
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,
this will acknowledge your letters dated August 17, 1995 and
certified copy each of Monroe County Ordinance Nos. 95-25 and
95-27, which were filed in this office on August 22, 1995.
We note that you did not include the Data Retrieval System
Coding form for the above named. Please send us those at your
earliest convenience.
Si~:' ~~
Liz ClouP-Chief
Bureau of Administrative Code
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'_-,PK~Y~D' of ~gR~A~goE
. (305) 294-4641
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
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BOARD OF COUNTY COMMISSIONERS
MAYOR, Shirley Freeman, District 3
Mayor Pro Tem, Jack London, District 2
Wilhelmina Harvey, District 1
Mary Kay Reich, District 5
Keith Douglass, District 4
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Growth Management Division
2798 Overseas Highway
Suite 400
Marathon, FL 33050-2227
August 21, 1995
Mr. Jim Murley, Secretary
Fla. Dept. of Community Affairs
2740 Centerview Drive
Tallahassee, FL 32399
RE: Monroe County Map Change Ordinance
Dear Secretary Murley:
Enclosed please find the following Monroe County Ordinance af-
fecting a map amendment/zoning change, which is being forwarded
to the Department for review. This ordinance was adopted by the
Monroe County Board of Commissioners on July 18, 1995.
1. An Ordinance adopting a Land Use District Map Amendment
changing the Land Use Designation for property legally de-
scribed as Part of Parcel I-A, in Government Lot 4, Section
31, Township 66 South, and Range 28 East, and further de-
scribed in metes and bounds, Sugarloaf Key, from Suburban
Residential (SR) to Suburban Commercial (SC); Transmitting
these amendments to the State land planning agency for ap-
proval; Providing for severability; Providing for an effec-
tive date. (Applicants: Coppola/Reithmayr)
It is frequently difficult for our office to obtain copies of
rules adopting Monroe County Ordinances. We would respectfully
request that rules approving all forthcoming 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. Your assistance in ensuring that these rules are pro-
vided us in a timely manner will be of the utmost help to us on
our end. If there is some procedure we need to follow to ensure
that this is accomplished, please let me know and we will comply
with any procedural requirements you may have.
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Please feel free to contact me with any questions or comments
you may have regarding the enclosed ordinances. Thank you for
your assistance.
Sincerely, \ \
~b~0tL ~t,v~
Robert L. Herman
Director of Growth Management
RLH:aa
enclosures
cc: Charles Pattison, Director, Div. of Resource Planning & Mgmt.
Michael McDaniel, ACSC Administrator, Fla. DCA
Ty Symroski, Florida Keys Field Office, Fla. DCA
Antonia Gerli, Acting Director of Planning, Monroe County
Jose Papa, Comprehensive Planer, Monroe County
Jean Pape, Staff Assistant II, Monroe County Planning Dept.
Linda Fatora, Graphics Technician, Monroe County Plng. Dept.
Belle DiSantis, Deputy Clerk, Monroe County