Ordinance 025-1994 * ..
•
Planning Department
ORDINANCE NO. 025-1994
AN ORDINANCE ADOPTING A LAND USE DISTRICT MAP m3 ?_
AMENDMENT CHANGING THE LAND USE DESIG ,T3ON A m
FOR PROPERTY LEGALLY DESCRIBED AS GOVEI\T_MgNT m= o
LOT 2, SECTION 8, TOWNSHIP 66, RANGE 29, oc 'T1
NEWFOUND HARBOR KEYS, AKA LITTLE 11UNSON 7%
ISLAND FROM OFFSHORE ISLAND (OS) zO ." :;:j
DESTINATION RESORT (DR) ; TRANSMITTING :THESE 2 m
AMENDMENTS TO THE STATE LAND PLANNING AGENCY NJ o
FOR APPROVAL; PROVIDING FOR SEVERABILITY_; AND rn 73
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, Section 9 . 5-511 (c) , Monroe County 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 Government Lot 2, Section 08, Township 66, Range
29, Newfound Harbor Keys, AKA Little Munson Island, Real Es-
tate Number 00107880-000000, as Offshore Island (OS) , and
WHEREAS, the applicant has requested a map amendment for the
above described property to change its land use district designa-
tion from Offshore Island (OS) to Destination Resort (DR) ; and
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LTLPALM. 11A/TXTAMAP Initials
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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 Departments, the Development Review
Committee recommendations and found them to be consistent with
the Monroe County Comprehensive Plan and has made a recommenda-
tion that the Monroe County Board of Commissioners rezone the
property from Offshore Island (OS) to Destination Resort (DR) ; 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
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LTLPALM. IIA/TXTAMAP Initials
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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.
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 Offshore Island (OS) . That designation is hereby re-
pealed.
Section 3 . The land use district map shall be amended, as
shown in exhibit 1, changing the land use designation for the
property Offshore Island (OS) to Destination Resort (DR) .
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) .
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LTLPALM. 11A/TXTAMAP Initials
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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 19 th day of October A.D. , 1994 .
Mayor London absent
Mayor Pro Tem Cheal yes
Commissioner Harvey yes
Commissioner Freeman yes
Commissioner Reich yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY Ci- 41-`A
MAYOR/XNEWfK RO TEM
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK App r ED, T* ORM
AND ,/i SUF• ilENCY
BY
°reey's Office
EPUT CLER
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LTLPALM. 11A/TXTAMAP Initials
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Property Description: Gov't lot 2, See. 8, Townshi 67 South,
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Applicant Name: Little Pa
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BRANCH OFFICE CLERK OF THE CIRCUIT COURT, BRANCH OFFICE
3117 OVERSEAS HIGHWAY MONROE COUNTY 88820 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY, FLORIDA 33070
TEL. (305)289-6027 KEY WEST, FLORIDA 33040 TEL. (305)852-7145
TEL. (305)292-3550
MEMORANDUM
TO: Bob Herman
Director of Growth Management
Attention: Angela J. Adams, Senior Staff Assistant
FROM: Ruth Ann Jantzen 44145z4d
Deputy Clerk
DATE: November 14, 1994
At the October 19, 1994 County Commission Meeting,the Board adopted the
following Ordinances:
Ordinance 023-1994 adopting a Land Use District Map Amendment changing the
Land Use Designation for property legally described as Lot 1, Block 4, Cutthroat
Harbor Estates Subdivision, Cudjoe Key,Monroe County,Florida, from Suburban
Commercial (SC) to Improved Subdivision (IS); transmitting these amendments to the
State Land Planning Agency for approval; providing for severability; and providing an
effective date.
Ordinance 024-1994 adopting a Land Use District Map Amendment changing the
Land Use Designation for property legally described as Lot:9, Block 1, Mates Beach Plat
#6, Little Torch Key from Native Area (NA) to Improved Subdivision (IS); transmitting
these amendments to the State Land Planning Agency for approval; providing for
severability; and providing for an effective date.
• •
c e
Bob Herman
. November 14, 1994
Page 2
Ordinance 025-1994 adopting a Land Use District Map Amendment changing the
Land Use Designation for property legally described as Government Lot 2, Section 8,
Township 66,Range 29, Newfound Harbor Keys,a/k/a Little Munson Island, from
Offshore Island (OS) to Destination Resort (DR); transmitting these amendments to the
State Land Planning Agency for approval; providing for severability; and providing for
an effective date.
Ordinance 026-1994 adopting a Land Use District Map Amendment changing the
Land Use Designation for property legally described as part of Government Lot 2,
Section 21, Township 66,Range 29, Little Torch Key from Suburban Residential (SR) to
Commercial Fishing Special District (CFSD); 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 each of the above Ordinances
for your handling. It is my understanding that you will forward a certified copy to the
Department of State for filing. Also, upon receipt of the DCA rule approving the map
amendments, you will send a copy to Municipal Code. Please forward a copy of your
transmittal correspondence to the Department of State and Municipal Code for our
records.
If you have any questions on the above, please do not hesitate to contact this
office.
Enclosure(s) 12
cc: County Attorney
County Administrator, w/o document
File
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A BOARD OF COUNTY COMMISSIONERS
• '` exi
MAYOR,Jack London,District 2
O U N TY o M O N R 0 E -zt„- Mayor Pro Tem,A Earl Cheal,District 4
!+ Wilhelmina Harvey,District 1
KEY WEST FLORIDA 33040 °• .,• `v k....•.•' ' Shirley Freeman,District 3
(3051 29a-4641 Mary Kay Reich,District 5
l - - its!;h :1
�n
2` • Growth Management Division
f_ 2798 Overseas Highway
`•���. +;;,. Suite 400
Marathon, FL 33050-2227
January 24, 1995
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Ms . Liz Cloud
Bureau of Administrative Codes and Laws
Department of State, The Capitol
Tallahassee, FL 32301
•
RE: Monroe County Map Change Ordinances
Dear Ms . Cloud:
Enclosed please find a certified copy of each of the following
Monroe County Ordinances affecting map/zoning changes in Monroe
County. These ordinances were adopted by the Monroe County Board
of Commissioners on October 19,. 1994 , and have been forwarded to
the Department of Community Affairs for review.
NOTE : These ordinances were transmitted to you previously as a
carbon copy to the transmittal to DCA in November. We have
not received notification from you that they have been
filed. On the assumption that the carbon copy of the DCA
letter was not sufficient, I am re-sending these ordinanc-
es under this cover.
1 . ORDINANCE NO. 023-1994 : An Ordinance adopting a Land Use
District Map Amendment changing the Land Use Designation for
property legally described as Lot 1, block 4 , Cutthroat Har-
bor Estates Subdivision, Cudjoe Key, Monroe County, Florida,
from Suburban Commercial (SC) to Improved Subdivision (IS) ;
Transmitting these amendments to the. State land planning
agency for approval ; Providing for severability; Providing
for an effective date .
2 . ORDINANCE NO. 024-1994 : An Ordinance adopting a Land Use
District Map Amendment changing the Land Use Designation for
property legally described as Lot 9, Block 1, Mates Beach
Plat #6, Little Torch Key, from Native (NA) to Improved Sub-
division (IS) ; Transmitting these amendments to the State
land planning agency for approval ; Providing for severabili-
ty; Providing for an effective date.
3 . ORDINANCE NO.. 025-1994 : An Ordinance adopting a Land Use
District Map Amendment changing the Land Use Designation for
property legally described as Government Lot 2 , Section 8 ,
Township 66, Range 29, Newfound Harbor Keys a/k/a Little
Munson Island, from Offshore Island (OS) to Destination Re-
sort (DR) ; Transmitting these amendments to the State land
planning agency for approval ; Providing for severability;
Providing for an effective date .
4 . ORDINANCE NO. 026-1994 : An Ordinance adopting a Land Use
District Map Amendment changing the Land Use Designation for
property legally described as part of Government Lot 2 , Sec-
tion 21, Township 66, Range 29, Little Torch Key, from Subur-
ban Residential (SR) to Commercial Fishing Special District
(CFSD) ; Transmitting these amendments to the State land plan-
ning agency for approval; Providing for severability; Provid-
ing for an effective date.
Please file these Ordinances for record. Thank you very much.
Sincerely,
(ze'
/sue)
Robert L. Herman c�
Director of Growth Management
RLH:aa
enclosures
cc : Lorenzo Aghemo, Director of Planning (w/o encl . )
Holly Larson, Comprehensive Plan Manager (w/o encl . )
Jean Pape, Staff Assistant II, Planning Dept . (w/o encl . )
Linda Fatora, Graphics Technician, Planning Dept . (w/o encl . )
Dianne Bair, FEMA Coordinator, Monroe County (w/o encl . )
Belle DiSantis, Deputy Clerk, Monroe County (w/o encl . )
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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
January 27 , 1995
•
Mr . Robert L. Herman
Director of Growth Management
Growth Management Division
Monroe County
2798 Overseas Highway
Suite 400
Marathon, Florida 33050-2227
Dear Mr . Herman:
Pursuant to the provisions of Section 125 . 66 , Florida Statutes ,
this will acknowledge your letter of January 24 , 1995 and
certified copy each of Monroe County Ordinance Nos . 94-23
through 94-26 , which were filed in this office on January 26 ,
1995 .
We notice that you did not include the Data Retrieval System
Coding Form for the above numbered ordinances . This
information is .needed to help keep our index system updated.
Attached are forms and information to help you in providing us
with this information and for future use .
Sincerely,
•
•
• Liz Cloud, Chief
Bureau of Administrative Code
•
L C/mw'
Attachments : Coding forms •
Keyfield descriptor chart
cc : Clerk of Circuit Court
Monroe County
MEMORANDUMr 642 .
To Linda Fatora, Graphics Technician
From: Angela J. Adams, Senior Staff Assistant_.
Date: May 4 , 1995
Re Map Amendments Approved by DCA
Linda -
Enclosed please find the following map amendment ordinances,
which have been approved by the Fla. Dept . of Community Affairs
and which are ready to be incorporated into the Monroe County
Land Use Maps .
I am also including a copy of the DCA Rule and Certification of
Filing for your records .
1 . ORDINANCE NO. 023-1994
APPLICANT NAME: Vandel
PROPERTY DESCRIPTION: Lot 1, Block 4 , Cutthroat Harbor
Estates, Cudjoe Key
CHANGE FROM NA TO IS
ADOPTED BY BOCC: 10/19/94
DCA RULE NO. 9J-14 . 026
EFFECTIVE DATE: 5/8/95
2 . ORDINANCE NO. 024-1994
APPLICANT NAME: Sepic
PROPERTY DESCRIPTION: Lot 9, Block 1,
Mates Beach, Plat #6, Little Torch
CHANGE FROM NA TO IS
ADOPTED BY BOCC: 10/19/94
DCA RULE NO. 9J-14 . 026
EFFECTIVE DATE: 5/8/95
3 . ORDINANCE NO. 025-1994
APPLICANT NAME: Little Palm Island Inc .
PROPERTY DESCRIPTION: Govt . Lot 2, Sec . 8 , Twp. 66 , R29
(Little Munson Island)
CHANGE FROM OS TO DR
ADOPTED BY BOCC: 10/19/94
DCA RULE NO. 9J-14 . 026
EFFECTIVE DATE: 5/8/95
4 . ORDINANCE NO. 026-1994
APPLICANT NAME: Krause, Ferguson, Rackly, Knight,
Meyers, Stiglitz
PROPERTY DESCRIPTION: Part Govt . Lot 2, Sec . 212,
Twp. 66 , R29
CHANGE FROM SR TO CFSD
ADOPTED BY BOCC: 10/19/94
DCA RULE NO. 9J-14 . 026
EFFECTIVE DATE: 5/8/95
RLH:aa
enclosures
•
cc : Robert L. Herman, Director of Growth Management
Lorenzo Aghemo, Director of Planning
Holly Larson, Comprehensive Plan Manager
Robin Carmichael, Planning Commission Coordinator
Dianne Bair, FEMA Coordinator (for review)
Belle DiSantis, Deputy Clerk
MAP94 . 020/TXTADAMS
Page 2
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FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
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CERTIFICATION OF
• DEPARTMENT OF COMMUNITY AFFAIRS ADMINISTRATIVE RULES
FILED WITH THE
DEPARTMENT OF STATE
I do hereby certify: •
[x] (1) The time limitations prescribed by paragraph
• 120.54 (11) (a) , F.S. , have been complied with; and
[x] (2) There is no administrative determination under
subsection 120. 54 (4) , F.S. , pending on any rule covered by this
certification, and
[x] (3) All rules covered by this certification are filed
within the prescribed time limitations of paragraph
120.54 (11) (b) , F.S. They are tiled not less than 28 days after
the notice required by subsection 120.54 (1) , F.S. , and;
[x) (a) Are filed not more than 90 days after the notice or
[ ] (b) Are filed not more than 90 days after the notice
not including days an administrative determination was pending;
or
[ , ] (c) Are filed within 21 days after the adjournment of
the final public hearing on the rule; or
[ ] (d) Are filed within 21 days after the date of receipt
of all material authorized to be submitted at the hearing; or
[ ] (e) Are filed within 21 days after the date the
transcript was received by this agency.
Attached are the original and two copies of each rul _ cst
covered by this certification. The rules are hereby adokted Ny 71
the undersigned agency by and upon their filing with they; as ''"
Department of State. :,, . ; v
4 1 12'?08007 P.03
Rule No. Specific Law Being Implemented
Rulemaking Interpreted or
Authority Made Specific
9J--14.026 380.0552(9) , FS 380.0552(7) and (9) ,
FS
Under the provision of paragraph 120.54(13) (a) , P.S. , the rules
take effect 20 days from the date filed with the Department of
State or a later date as set out below:
Effective:
(Month) (Day) (Ye
4
S nat it, Person Authorized to
Certify Rules
secretary .
Title
1
Number of Rule Pages Certified
U4i 2=i 19 5 iti•-lc 1c`r'O8Ull77 P.04
RULES OF THE
DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF RESOURCE PLANNING AND MANAGEMENT
93 -14.026
9J-14. 026 poor oval-of Monroe Co iynty Ordinances 023-1994. 024-
1994- 025-1994 and 026-1994. The Department of Community Affairs
a proves the land__, development req a1. tions in Monroe County
Ordinances 023-Jp94. 024-1994. 025-1994. and 026-1994. Ordinances
023•-1994. 024-1994. 025-1994 and 026-1.994 adopt Land Sse District
y . • i n _ , • I. * • • 1 G - _. 1 } • - • } • _ _ • •1 • , •
development for the Florida Keys Area of Critical State Concern.
Section 360.0552 (71 . Florida Statutes,
Specific Authority: 38Q. 0552 (9) . 1.8.
Law Im lamented: 380.05p (7) and 191 . F.S.
Histopy ,
•
1 L f1JdU0? P.u5
RULES OF
THE DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF RESOURCE PLANNING AND MANAGEMENT
RULE 911-14.026
SUMMARY OF PROPOSED RULE 9J-14.02 6
Monroe County submitted to the Department of Community
Affairs amendments to its land development regulations, adopted
by Ordinances 023-1994, 024-1994, 025-1994 and 026-1994 for
review and approval or rejection. Section 380.0552, Florida
Statutes, provides for the Department of Community Affairs to
approve or reject comprehensive plans, plan amendments and land
development regulations adoptediby local governments within the
Florida Keys Area of Critical State Concern by rule based upon
their compliance with the Principles for Guiding Development.
Rule 9J-14. 026 is proposed pursuant to the requirements of
Section 380.0552, Florida Statutes, to approve land development
regulations in Ordinances 023-1994, 024-1994, 025-1994 and 026-
1994 of Monroe County.
04/2 1995 2U: = 12708007 P.06
STATEMENT OF FACTS AND CIRCUMSTANCES
JUSTIFYING THE RULES OF THE
DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF RESOURCE PLANNING AND MANAGEMENT
In 1979, Monroe County and its incorporated municipalities
were designated as an Area of critical State Concern under Sec-
tion 380.05, Florida Statutes. Pursuant to Chapter 380, Florida
Statutes, the Department of Community Affairs is required to
approve or reject by rule, comprehensive plans and local land
development tegulations adopted by local governments within the
Florida Keys Area of Critical State Concern.
Rule 9J-14.02.6 is proposed pursuant to the requirements of
Section 380.0552 (9) , Florida Statutes, to approve land
development regulations in County ordinances amending the Monroe
County land development' regulations.
u 1 12708OU7 P.07
•
i
STATE OP FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
IN RE: )
)
Proposed Rule 9J-14.026 )
(Approval of Monroe County )
Ordinances 023-1994, 024-1994, )
025-1994, and 026-1994, )
amending the County's )
Comprehensive Plan and land )
development regulations) )
)
SUMMARY OF PUBLIC HEARING
No timely request for hearing was received by this agency;
therefore no hearing was held. [120.54 (3) , F.S. ]-