Ordinance 031-1995
Planning Department
ORDINANCE NO.
031-1995
AN ORDINANCE ADOPTING A LAND USE DISTRICT MAP
AMENDMENT CHANGING THE LAND USE DESIGNATION
FOR THE ROB INSON CALLEN AND ARTHUR E .
CHOATE PROPERTY, LOCATED AT 79786 OVERSEAS
HIGHWAY, LEGALLY DESCRIBED AS THE
SOUTHWESTERN MOST PART OF THE SOUTHWEST 5.41
ACRE TRACT I, PART OF GOVT. LOTS I, 2, & 3
ALL MORE PARTICULARLY DESCRIBED IN METES AND
BOUNDS, SECTION 6, TOWNSHIP 64S, RANGE 37E,
UPPER MATECUMBE KEY, MILE MARKER 79. 7 , FROM
COMMERCIAL FISHING SPECIAL DISTRICT 11
(CFSD-ll) TO SUBURBAN COMMERCIAL (SC) ;
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 County Code of Ordinanc-
es (Code), provides that the land development
ter 9.5 of the Code), including the land use
regu~tions iCha~-
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be amended or changed at any time; and
WHEREAS,
the
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Board of County Commissioners :on. Febe.ary:g28,
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1986, designated the southwestern most part of the southwest 5.41
acre Tract I, Pqrt of Govt. Lots I, 2, & 3, all more particularly
described in metes and bounds, Upper Matecumbe Key, Located at
79786 Overseas Highway, Section 6, Township 64S, Range 37E, Real
PAPA. 13A/TXTAMAP
Page 1
Initials
Estate Number 00096900-000000 as Commercial Fishing Special Dis-
trict 11 (CFSD-11), and
WHEREAS, the applicants have requested a map amendment for
the above described property to change its land use district
designation from Commercial Fishing Special District 11 (CFSD-
11) to Suburban Commercial (SC) or Urban Commercial (UC) and;
WHEREAS, the Planning Department and Environmental Resources
staff have reviewed the proposed land use district map changes
and recommended approval for rezoning from Commercial Fishing Spe-
cial District 11 (CFSD-11) to Suburban Commercial (SC), and
denial of rezoning, to Urban Commercial (UC); 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 for rezoning from Commercial
Fishing Special District 11 (CFSD-11) to Suburban Commercial
(SC) and denial for a rezoning to Urban Commercial (UC); 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-
PAPA. 13A/TXTAMAP
Page 2
Initials
mendations of the Planning Department and the Development Review
Committee recommending approval for rezoning from Commercial
Fishing Special District 11 (CFSD-ll) to Suburban Commercial
(SC) and denial for rezoning to Urban Commercial (UC); and
WHEREAS, the Planning Commission has found them to be consis-
tent with the Monroe County Comprehensive Plan and has made a
recommendation that the Monroe County Board of Commissioners
rezone the property from Commercial Fishing Special District 11
(CFSD-ll) to Suburban Commercial (SC) and deny rezoning of the
subject property to Urban Commercial (UC); 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
PAPA. 13A!TXTAMAP
Page 3
Initials
Section 1. This Board specifically adopts the findings of
facts and conclusions of law reached by the Planning Commission,
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 11 (CFSD-ll) and
which designation is hereby repealed. Exhibit 2, attached here-
to, 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
property from Commercial Fishing Special District-II (CFSD-ll)
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.
Section 5. This ordinance is hereby transmitted to the
state land planning agency for approval or disapproval pursuant
to F.S.380.0552(9).
PAPA. 13A/TXTAMAP
Page 4
Initials
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 15th day of August, 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 ~~~-
( SEAL1
ATTEST: DANNY L. KOLHAGE, CLERK
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PUTY LERK
PAPA. 13A/TXTAMAP
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Initials
Exhibit 1
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STRAITS OF FLORIDA
Key: Upper Matecumbe
MM: 80
Proposal: From CFSD-11 to SC or UC
1 "=400'
Property Description: Southern port ion of RE 9690 property
along US 1, Sec. 6, Twn. 64, Rge. 37, Upper Matecumbe Key.
Applicant Name: Callen & Choate
Map # :181 & 182 File Number: M94070
Exhibit "2"
LEGAL DESCRIPTION FOR PAPA JOE'S PROPERTY
A parcel ofland having three hundred feet (300') of frontage on U.S.
Highway No.1 and extending from said Highway to an artificial canal located
northwesterly thereof, located on Upper Matecumbe Key, Momoe County,
Florida, more particularly described as follows
A part ofthe William H. Parker Homestead on Upper Matecumbe Key, comprising U.S.
Government Lots 1,2 and 3 in fractional section 6, Township 64 South, Range 37 East; Momoe
County, Florida, more particularly described as follows:
Commence at a point on the Westerly right-of-way line of the F.E.C. Railway (now U.S.
Highway No.1) 150 feet Northeasterly from the 441 Mile Post and being the Southeast comer of
a 13 acre tract conveyed by Robert Alfred S. Peacock to Joseph H. Brady in July 1910: thence
South 45 degrees 00 minutes 00 seconds West along the Westerly right-of-way line of the F.E.C.
Railway (now U.S. Highway No.1) for a distance of 150 feet to a point and the beginning ofa
tangential circular curve; thence continue in a Southwesterly direction along the Westerly right-
of-way line of the F.E.C. Railway now U.S. Highway No.1) and along a tangential circular
curve having a radius of 3,056.47 feet through a central angle of 14 degrees 53 minutes 32
seconds for an arc distance of 794.43 feet; thence continue in a southwesterly direction along the
westerly right-of-way line of the F.E.C. Railway (now U.S. Highway No.1) and along a
tangential circular curve having a radius of 3,056.4 7 feet through a central angle of one degree 52
minutes, 25 seconds for an arc distance of 100 feet to a point; thence South 61 degrees 46
minutes west along the westerly right-of-way line of the F.E.C. Railway (now U.S. Highway No.
1) for a distance of 500 feet, more or less, to the intersection of the high water line of the Bay of
Florida with the westerly right-of-way line of the F.E.C. Railway (now U.S. Highway No.1) for
the point of beginning of the parcel of land herein described thence north 61 degrees 46 minutes
east along said westerly right-of-way line for a distance of 300 feet; thence north 30 degrees
minutes 28 seconds west for a distance of 50 feet, more or less, to the intersection with the
southerly bank: of an artificial canal; thence in a westerly direction meandering the southerly
bank: of said artificial canal for a distance of 300 feet, more or less, to the point of intersection of
said southerly canal bank: and the high water line of the Bay of Florida; thence in a southerly
direction meandering the high water line of the Bay of Florida for a distance of 175 feet, more or
less, to the intersection of said high water line of the Bay of Florida with the westerly right-of-
way line of the F.E.C. Railway (now U.S. Highway No.1), the point of beginning of the parcel
of land herein described, together with riparian rights appurtenant thereto, subject to easements
and reservations of record and those contained in this instrument.
1!lannp lL. 1&olbage
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 HIGfiW A Y
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
August 29, 1995
CERTn'lED 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:
Enclosed please find a certified copy of Monroe County Ordinance No. 031-1995
adopting a Land Use District Map Amendment changing the Land Use Designation for
the Robinson Callen and Arthur E. Choate property, located at 79786 Overseas
Highway, legally described as the southwestern most part of the southwest 5.41 acre
tract 1, part of government lots 1,2 and 3, all more particularly described in metes and
bounds, section 6, township 64S, range 37E, Upper Matecumbe Key, Mile Marker 79.7,
from Commercial Fishing Special District 11 (CFSD-11 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 formal session on August 15, 1995.
Please file for record.
Mrs. Liz Cloud
August 29, 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
~J~1:~~
eputy lerk
cc: Growth Management Director
County Attorney
Property Appraiser
County Administrator, wlo documents
File
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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
September 6, 1995
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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,
this will acknowledge your letters dated August 29, 1995 and
certified copy each of Monroe County Ordinance Nos. 95-30 and
95-31, which were filed in this office on August 31, 1995.
We notice that you did not include the Data Retrieval System
Cooing form for the above and for Ordinance Nos. 95-25 and
95-27. Please send those to us at your earliest convenience.
Sincerely,
L~C~~
Bureau of Administrative Code
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