Ordinance 036-1995
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Planning Department
ORDINANCE NO. 036-1995
AN ORDINANCE ADOPTING A LAND USE DISTRICT MAP
AMENDMENT CHANGING THE LAND USE DESIGNATION
FOR THE RALPH MUTCHNIK PROPERTY (BETTER
KNOWN AS GALWAY BAY MOBILE HOME PARK)
LEGALLY DESCRIBED AS THE EASTERN HALF OF LOT
1, AND ALL OF LOTS 11 THRU 15, SQUARE 2, AND
LOTS 1-7, SQUARE 3, RIGGS SUBDIVISION, PART
OF SECTION 8, AND PART OF GOVERNMENT LOT 2,
SECTION 9, TOWNSHIP 66 SOUTH, RANGE 32 EAST,
TALLAHASSEE MERIDIAN, VACA KEY, FROM MIXED
USE (MU) AND URBAN RESIDENTIAL MOBILE HOME
(URM) TO URBAN RESIDENTIAL MOBILE
HOME-LIMITED (URM-L) ; 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 on February 28,
1986, designated the Eastern half of Lot 1, and all of Lots 11
thru 15, Square 2, and Lots 1-7, Square 3, Riggs Subdivision,
Part of Section 8, and part of Government Lot 2, Section 9, Town-
ship 66 South, Range 32 East, Tallahassee Meridian, Vaca Key,
MUTCHNI.12A/TXTAMAP
Page 1
Initials
Marathon, Monroe County, Florida, Mile Marker 47.5, Real Estate
Number 00320190-000000, as Mixed Use (MU) and Urban Residential
Mobile Home (URM) , and
WHEREAS, the applicants have requested a map amendment for
the above described properties to change its land use district
designation from Mixed Use and Urban Residential Mobile Home
(MU/URM) to Urban Residential Mobile Home-Limited (URM-L); and
WHEREAS, the Planning Department's staff 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
recommendations of the Planning Department and the Development
Review Committee; and
MUTCHNI.12A/TXTAMAP
Page 2
Initials
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 properties from Mixed Use and Urban Residential Mobile
Home (MU/URM) to Urban Residential Mobile Home-Limited
(URM-L); 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
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 properties, as shown
on the attached map, which is hereby incorporated by reference,
MUTCHNI.12A/TXTAMAP
Page 3
Initials
and attached as Exhibit 1, shows that the properties are current-
ly designated as Mixed Use and Urban Residential Mobile Home
(MU/URM) and which designation is hereby repealed.
Section 3. The land use district map shall be amended, as
shown in Exhibit 1 and legally described in Exhibit 2, changing
the land use designation for the properties from Mixed Use and
Urban Residential Mobile Home (MU/URM) to Urban Residential
Mobile Home-Limited (URM-L)
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).
MUTCHNI.12A/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 20th day of September, A.D., 1995.
Mayor Freeman yes
Mayor Pro-tern London absent
Commissioner Harvey yes
Commissioner Douglass yes
Commissioner Reich yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
c:t~f~
(SEAL)
BY
ATTEST: DANNY L. KOLHAGE, CLERK
ib4E~Ty9vJ~tandw
MUTCHNI.12A/TXTAMAP
Page 5
Initials
EXHIBIT 1
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Key: Vaca
i MM: 48
Proposal: From MU/URM to URM-L
1 "=400'
Property Description: Galway Bay Trailer Park (see file for
legal desription)
Applicant Name: Mutchnik, Ralph
Map #: 243 I File Number: M94069
• EXHIBIT 2 LEGAL DESCRIPTION OF MUTCHNIK PROPERTY
East 1/2 of Lot 1 and all of Lots 11, 12, 13, 14, 15, Block 2, RIGGS
SUBDIVISION, according to the Plat thereof recorded in Plat Book 2,
Page 68, of the Public Records of Monroe County, Florida.
ALSO
Lots 1, 2, 3, 4, 5, 6 and 7 of Block 3 of RIGGS SUBDIVISION, a
subdivision in Lot 1, Section 8, Township 66 South, Ranee 32 East,
according to the Plat thereof recorded in Plat Book 2, Page 68,
of the Public Records of Monroe County, Florida. •
ALSO
A parcel of bay bottom land in-Boot Rey Harbor in Section 8, Township
66 South, Range 32 East, Easterly of Lots 2, 3, 4, 5 and 6, Block 3,
of RIGGS SUBDIVISION as recorded in Plat Book 2, Page 68, of the
Public Records of Monroe County, Florida, at Hog Key, Monroe Count,
. Florida, and sore particularly described as follows, Commencing at
the Northeast corner of Lot 2, Block 3, of said RIGGS SUBDIVISION,
said corner also to be known as the point of beginning of the property
hereinafter described, run Easterly along the Southerly right-of-way
line of U. 8. Highway No. 1, for a distance of 100 feet, sore or less,
. to the original centerline of the former pass or channel between Hog
- Mley and Key Vice, thence 'meander the original centerline of said .
former pass or channel in a SE'ly and Southerly direction for a
distance of 380 feet, sore or less, to a point; thence run Westerly
to a point on the shoreline where the dividing line of Lots I and 7,
Block 3 of said RIGGS SUBDIVISION intersects said shoreline, thence
• meander the shoreline along Lots 2, 3, 4, 5 and 6, 'look 3, of said
RIGGS SUBDIVISION in a NW'ly direction for a distance of 380 feet, :
. won or less, back to the point of beginning, lying and being in
Section 8, Township 66 South, Range 32 East, Monroe County, Florida.
• ALSO
•
A parcel of bay bottom land in Boot Key Harbor in Sections 8 and 17.
Township 66 South, Range 32 East, South of Lot 7, Block 3 of RIGGS
SUBDIVISION as recorded in Plat book 2, Page 68, of the Public
Records of Monroe County, Florida, at Hog Key, Monroe County,
. Florida and sore particularly described as _follows, •
Commencing at the Southwest corner of Lot 7, Block 3 of said RIGGS
SUBDIVISION, said corner also to be known as the point of beginning
of the bay bottom land hereinafter described, run SETT and on a •
line that is at right angles to U. S. Highway No. 1 for a distance
of 1300 feet, sore or less, to the edge of Boot Key Rarbor Channel,
thence weander the edge of Boot Ray Harbor Channel in a NE'ly
direction for a distance of 170 feet, sore or less, to a point,
thence run 1IW'ly and on a line at right angles to U. S. Righway
No. 1 for a distance of 1350 feet, sore or less, to a point on
the shoreline where the dividing line between Lots 6 and 7, Block
3 of said RIGGS SUBDIVISION intersects said shoreline, thence
sander the shoreline on the Southerly side of said Lot 7 for a
distance of 170 feet, sore or less, back to the point of.beginning,
lying and being in Sections 8 and 17, Township 66 South, Range 32
East, Monroe County, Florida.
• • ALS('
Bay Street now abandoned of RIGGS SUBI.L LSION, according to the Plat
thereof recorded in Plat Book 2, Page 68, of the Public Records of
Monroe County, Florida. •
--
.ALSO
A part of Covcrnmsnt Lot 2, Section 9, Township 66 South, Range
32 East, as more particularly described as follows;
Commencing at a point on the Overseas Road and Toll Bridge District
Highway where the Section Line dividing Sections 8 and 9 of said
Township and Range intersect with the Southern boundary of said
highway and running thence along said Southern boundary of said
highway in an Easterly direction 300 feet; thence run in a Southerly
direction and parallel with the dividing line between said Sections
8 and 9 of said Township and Range, 884 feet, more or less, to the
dividing line between Sections 9 and 16 of said Township and Range;
thence in a Westerly direction on said dividina line between Sections
! and 16, 300 feet, more or less, to the dividing line between
Sectional and 9 of said Township and Range; thence along said latter
dividing line between Sections 8 and 9 to the point of beginning.
Together with any and all riparian rights belonging thereto.
ALSO
Being a part of Section 8, Township 66 South, of Range 32 East,
more particularly described as follows; •
Beginning at the intersection of the West line of Section 9,
Township 66 South, Range 32 East, and the Southern boundary line
of the right-of-way of U. S. Highway No. 1, run Westerly along the
South side of said right-of-way of U. S. Highway No. 1 to the •
shoreline of Rey Vaca: thence Southeasterly along said shoreline
to intersection of said shoreline and West Section line of Section
9. thence North along the test section line to the point of beginning.
ALSO
A parcel or a part of the bay bottom lands in Boot Rey Harbor, lying
between Hog Hey and Hey Vaca. Monroe County, Florida, and also
being a part of Section S, 'bwnship 66 South, Range 32 East. and
Section 17, Township 66 South, Range 32 East, and more particularly
described as follows; Commencing at the intersection of the center-
line of U. S. Highway No.1 and the East line of Section 8. Town-
ship 66 South, Range 32 East, run South along the East line of
Section 8, Township 66 South, Range 32 East, for a distance of
200.69 feet to a point: thence run Westerly and parallel with the
centerline of U. S. Highway No. 1 for a distance of 175 feet, sore
or less, to a point on the shoreline of Boot Rey Harbor, said
point also being at the intersection of the Southerly right-of-way
line of U. S. Highway No. 1 and said shoreline, said point also to
be knows; as the point of beginning of the property hereinafter
described: from said point of beginning, meander the Westerly
shoreline of Hey Vaca in a Southeasterly and Southerly direction
for a distance of 1030 feet, more or less, to where said shore-
line intersects the East line of Section 17, Township 66 South,
Range 32 East: thence South along the East line of Section 17.
Township 66 South, Range 32 East, for a distance of 710 feet, more
or less, to the North edge of Boot Rey Harbor Channel: thence meander
the Worth edge of Boot Hey Harbor Channel for a distance of 30 feet,
more or less, to a point on the Easterly boundary of a parcel of bay
bottom land previously applied for by L. C. Troup of Marathon, Florida,
and dated April 5, 1951; from said point. run Northerly and at right
angles to U. S. Highway No. 1. along said Easterly boundary of L. C.
Troup property for a distance of 1350 feet, sore or less, to a point
on the shoreline of Hog Rey: thence at right angles and Easterly and
parallel with U. S. Highway No. 1 for a distance of S0 feet, more
or less, to a point; thence at right angles and Northerly for a
distance Of S0 feet, more or less, point; thence Northwesterly
for a distance of 300 feet, more oI to a point on the Southwrly
right-of-way line of U. S. Highway No. 1, SO feet, sore or less,
Westerly of the point of beginning: thence Easterly along the Southerly
right-of-way line of U. S. Highway No. 1 for a distance of SO feet,
more or less, back to the point of beginning, lying and being in
Sections 8 and 17, Township 66 South, Range 32 East, Monroe County,
Florida.
1Dannp '1. l&olbagt
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARA THON, FLORIDA 33050
TEL (305) 289-6027
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
October 3, 1995
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mrs. Liz Cloud, Chief
Bureau of Administrative Code and Laws
The Elliott Building
401 South Monroe Street
Tallahassee, FL 32399-0250
Dear Mrs. Cloud:
Enclosed please find cel1ified copies of Ordinance Nos. 032,033,034,035 and
036-1995, which are self-explanatory.
These Ordinances were adopted by the Monroe County Board of County
Commissioners at a Regular Meeting in formal session on September 20, 1995. Please
file for record.
Danny L. Kolhage
Clerk of Circuit Court
and ex officio Clerk to the
Board of County Commissioners
By: Isabel C. DeSantis
~C.~~
/
Deputy Clerk
cc: Municipal Code Corporation 032,033, & 034-1995
Growth Management Director, 032, 035, & 036-1995
Tax Collector, 033-1995
Property Appraiser, 033-1995
County Commission
County Attorney
County Administrator
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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
October 9 , 1995
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Isabel C. DeSantis , Deputy Clerk
Dear Mr . Kolhage :
Pursuant to the provisions of Section 125 . 66 , Florida Statutes ,
this will acknowledge your letter dated October 3 , 1995 and
certified copy each of Monroe County Ordinance Nos . 95-32 ,
95-33 , 95-34 , 95-35, and 95�—.3&, which were filed in this office
on October 9 , 1995 .
Sincerely,
Liz Clo , Chief
Bureau of Administrative Code
LC/mw
C~K~~rY of ~L~~~2oE
(305) 294-4641
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
/Utp
BOARD OF COUNTY COMMISSIONERS
MAYOR, Shirley Freeman. District 3
Mayor Pro Tern, Jack London, District 2
Wilhelmina Harvey, District 1
Mary Kay Reich, District 5
Keith Douglass, District 4
.,ft
Growth Management Division
2798 Overseas Highway
Suite 400
Marathon, FL 33050-2227
October II, 1995
Mr. Jim Murley, Secretary
Fla. Dept. of Community Affairs
2740 Centerview Drive
Tallahassee, FL 32399
RE: Monroe County Map Change Ordinances
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 September 20, 1995.
An Ordinance adopting a Land Use District Map Amendment
changing the Land Use Designation for property known as
Galway Bay Mobile Home Park, legally described as the east-
ern half of Lot I, and all of Lots 11 through IS, Square 2,
and Lots 1-7, Square 3, Riggs Subdivision, Part of Section 8
and Part of Govt. Lot 2, Section 9, Twp. 66S, Range 32E,
Tallahassee Meridian, Vaca key, from Mixed Use (MU) and Ur-
ban Residential Mobile Home (URM) to Urban Residential Mo-
bile Home Limited (URM-L) ; Transmitting these amendments
to the State land planning agency for approval; Providing
for severability; Providing for an effective date. (Appli-
cant: Mutchnik)
Please feel free to contact me with any questions or comments
you may have regarding the enclosed ordinances. Thank you for
your assistance.
RLH:aa
ri?~:;~.M~
Robert L. Herman
Director of Growth Management
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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 Planner, Monroe County
Jean Pape, Staff Assistant II, Monroe County Planning Dept.
Linda Fatora, Graphics Technician, Monroe County PIng. Dept.
Belle DiSantis, Deputy Clerk, Monroe County