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Ordinance 026-1994 Planning Department 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, 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 WHEREAS, Section 9 . 5-511 (c) , Monroe County Code of Ordinanc- es (Code) , provides that the land development re= ulatig5.s (.Chap- e n .A pir ter 9 . 5 of the Code) , including the land use drkrct snap may ' r O --n be amended or changed at any time; and c: � '�' - - N C: O WHEREAS, the Board of County Commissionersori-: Felguarg 28, 1986, designated Part of Government Lot 2, Section 21, Township 66, Range 29, Little Torch Key, Real Estate Numbers 00113100, 00113120, 00113120-000100, 00113180, 00113140, & 00113170 as Suburban Residential (SR) , and • Page 1 OFF1 . 17A/TXTAMAP Initials • • WHEREAS, the applicant has requested a map amendment for the above described property to change its land use district designa- tion from Suburban Residential (SR) to Commercial Fishing Special District (CFSD) ; 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 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 Suburban Residential (SR) to Commercial Fishing Special District (CFSD) ; 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 • Page 2 OFF1 . 17A/TXTAMAP Initials 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. 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 Suburban Residential (SR) . That designation is hereby repealed. Section 3 . The land use district map shall be amended, as shown in exhibit 1, changing the land use designation for the property from Suburban Residential (SR) to Commercial Fishing Special District (CFSD) . • Page 3 OFF1 . 17A/TXTAMAP Initials _ • , . • _ . 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) . 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. • Page 4 OFFl . 17A/TXTAMAP Initials • 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 MAYORgtXXIWMAN PRO TEM (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK .E�€1,� PUT4 LERK APP- '' > AS TO FORM AND Of', �S =NOY BY • orney's Office IF 411 Page 5 OFF1 . 17A/TXTAMAP Initials . 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Itolbage BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE 3117 OVERSEAS HIGHWAY MONROE COUNTY 88820 OVERSEAS HIGHW4Y MARATHON, FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY, FLORIDA 33070 TEL. (305) 289-6027 KEY WEST, FLORIDA 33040 TEL. (305)292-3550 TEL. (305) 852-7145 MEMORANDUM TO: Bob Herman Director of Growth Management Attention: Angela J. Adams, Senior Staff Assistant FROM: Ruth Ann Jantzen 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. 111 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 —. BOARD OF COUNTY COMMISSIONERS • ___ ;�__ MAYOR,Jack London,District 2 C U N TY o M O N R 0 E _� Mayor Pro Tem,A Earl Cheal,District 4 Wilhelmina Harvey,District 1 KEY WEST FLORIDA 33040 Shirley Freeman,District3 Mary Kay Reich,District 5 (3051294-4641 • � �\�l '149 Growth Management Division 4 10 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, 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 . ) rn01rnrn rnrnrnrn • I I 1 l • Md' u1t0 NN N N 0000 d' 01 • 0 rn z I—I rn o w r-1 u z A a w Z H H a A 0 rL' A 0 a . , . SENDER: ,, ::;:f:;...;.. ..,4-,j":also:,wish to receive the re • Complete items 1 and/or 2 for'additional services.'':;':.: .,.r_ 't, • ® • Complete items 3,and 4a&b. :, _ ; • :--. :•?ra, following services (for an extra : 2 • Print your name and address on the reverse pf this form so.that we can, fee): '. m return this card to you ., ;.;.... , '•' r a_::L..::, c,.:.,.., § el • Attach this form tq the front of the r.silpiece,orpn the back:If space "1 10 Addressees Address y does not Permit.A3:..F:, ♦ r_., .' !•• f: r+ -,, .,.t � i r. ® • writs"Return Recei R ested'�' ti ' ° " -,-, , iv.e,-.t ,qz _ pt equ gnthameilpleabelowtliiertichnumber ��� �� Restricted Delivery� a m��� "' •`The Return Receipt will show to whom the article wee delivered and the date a v. �,:ti o delivered. : + .. . Consu.,,,;•..postmaster for fee.".; .. m m :.3 Article Addressed to' A° �. :,, 4e` Article_Number z M . EE ,/� `�c it ir,:wri� 4b.<Service Type o A o0:4 Au• s ,`' w �,, - ,0 Registered ff 0 Insured ..;'4,4?„ ,.;� :h 'y .. s PI) LAW s s y� Cerdfled'' �.COD'' �4� . ',6_' • {? lwir ",J.e. '� .0— '`�:."�; ; -rf:�'-' `�+ D Express lal �0 Return Receipt for:•.9 ce ' I �P •A t 4 Y, ., s; .:! r• Merchandise • o C P x 7..Date of Delivery ....1, s. »•. .. ;,•a 5."Signature (Addressee). 8. Addressee's Address(Only if requested. �sr, ,.- _, s- ., :and fee is paid) m '. _ ICJ e Si, re gent) 2.' HP Form 11, Dace bar 1991 ,ru.S.GPo:1993-352-714 DOMESTIC RETURN RECEIPT tt •7 -op WE • 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 LC/mw, Attachments : Coding forms Keyfield descriptor chart cc : Clerk of Circuit Court Monroe County MEMORANDUM 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 1,-= _U:-,1 127E19007 P.01 FLORIDA DEPARTM ENT. OF COMMUNITY AFFAIRS 2740 Ceuterview Drive,Tallahassee,Florida 32399-2100 11 LUAda Loomis Shelley,Secretary 1 DCA — Second Floor FAX Facsimile Copier Number(904)4U-3309, Simms 275-3309 II i rna n v- v-1--zo hem() . \ eca y Telephone Number .,.� 3 Ttl P. t gazl9Q*- , Office Telephone Number:-49 --4-. \ $--�-- ..'H .;, . y P- - . . Total Pages Cover Sheet .L— ------ bcA Sp °Ns: v��. �� -- 4� ace . �S �cc,ow,eS SPECIAL l� v b • 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 filed 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 _. 4.0 Ul covered by this certification. The rules are hereby adoedy . 46 the undersigned agency by and upon their filing with the' ' va V R,- Department of State. r � uMV E5- CD _4 -- 1=' --`-' -_ 127 UU? P.03 • Rule No. Specific Law Being Implemented Rulemaking Interpreted or Authority Made Specific 9J-14.026 380. 0552(9) , FS 360.0552 (7) and (9) , FS Under the provision of paragraph 1.20.54 (13) (a) , F.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 ...Qastev‘A. 4 S nat e, Person Authorized to Certify Rules 5ecretarx,,,,, .., Title 1 Number of Rule Pages Certified �14;?=% 1' '+5 1 c?0B007 P.04 • RULES OF THE DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF RESOURCE PLANNING AND MANAGEMENT 9J-14.026 9J-14. 026• Dproval of Monroe Coynty Ordinances 023-1994. 024- iumramm_thL_JaingLstuzuszaenaulations in Monroe County Q ,maces 021-1994. 014-1994. 015-1994• and 026-1994. Ordinances 023-1994. 0Z4-1994. 4S-1994 and 026-1994- adopt Land Vse District e mrinciples for guiding development for the Florida Keys Area of Critical State Concern. Section 38/.0552 (71 , Florio Statutes. Anec,fic Authority: 380.0552 (9), jr.8. Law Tmnlemented: 380.0552(7) ad IP) • F.S. History: Noy _ _ � '• -_ l (UdUUU i' F'.u5 RULES OF THE DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF RESOURCE PLANNING AND MANAGEMENT RULE 9J-14.026 SUMMARY OF PROPOSED RULE 9J-14.026 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 adopted by 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 =U:,= 127O8UUT P.Ob 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 regulations adopted by local governments within the Florida Keys Area of Critical State Concern. Rule 9J-14.026 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. L-1 -- -- 1270E007 P.07 • ° r • STATE OF 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. ]