Ordinance 039-1994 t_
F;I_ED FOR RECORD'
'95 JAN -9 A10 :38
DANN', <�; t_
CLK CIR. : r. Planning Department
MONROF COUNTY. ELL
ORDINANCE NO. 039-1994
AN ORDINANCE ADOPTING A LAND USE DISTRICT MAP
AMENDMENT CHANGING LEGALLY DESCRIBED AS LOTS
1, 2, 3 , AND 4, BLOCK 3 , AND LOT 23 , BLOCK 5,
OF FONTAINE LAKE ESTATES SUBDIVISION, AND_
PART OF GOVERNMENT LOT 2, PART SE 1/4 OF THE
NE 1/4, SECTION 5, TOWNSHIP 63 , RANGE 38,
PLANTATION KEY FROM IMPROVED SUBDIVISION (IS)
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 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 Lots 1, 2, 3 , and 4, Block 3 , and Lot 23 , Block
5, of Fontaine Lake Estates Subdivision, and part of Government
Lot 2 , part SE 1/4 of the NE 1/4, Section 5, Township 63, Range
38, Plantation Key as Improved Subdivision (IS) , and
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CORAL. 15A/TXTAMAP Initials
WHEREAS, the applicants have requested map amendments for 1)
the Coral Isles Church property legally described as Lots 1, 2,
3 , and 4, Block 3 , and Lot 23 , Block 5, of Fontaine Lake Estates
Subdivision, and part of Government Lot 2, part SE 1/4 of the NE
1/4, Section 5, Township 63 , Range 38, Plantation Key (Real Es-
tate Number 00432730-000000) , 2) the Roberts property legally
described as part of Government Lot 2, part SE 1/4 of the NE 1/4,
Section 5, Township 63 , Range 38, Plantation Key, Real Estate
Number 00092250-000100, and 3) the Ralph Wrenn property legally
described as part of Government Lot 2, part SE 1/4 of the NE 1/4,
Real Estate Number 00092240-000000, and 4) the Tom Wrenn proper-
ty, legally described as part of Government Lot 2 , part SE 1/4 of
the NE 1/4, Real Estate Number 00092240-000200, in order to
change their land use district designation from Improved Subdivi-
sion (IS) to Suburban Commercial (SC) ; and
WHEREAS, the Planning Department' s staff have reviewed the
proposed land use district changes and recommended approval for
the Coral Isles Church, R. Wrenn, and T. Wrenn properties; 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 the Coral Isles Church prop-
Page 2
CORAL. 15A/TXTAMAP Initials
erty and recommended denial for the Roberts, R. Wrenn, and T.
Wrenn properties; 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 Department and the Development Review
Committee; and
. WHEREAS, the Planning Commission has found only a portion of
the proposed changes to be consistent with the Monroe County Com-
prehensive Plan and has made a recommendation that the Monroe
County Board of Commissioners only rezone the Coral Isles Church,
R. Wrenn and T. Wrenn properties from Improved Subdivision
(IS) to Suburban Commercial (SC) ; and
WHEREAS, during the amendment process, the Monroe County
Planning Commission found a portion of the requested changes were
not consistent with the Monroe County Comprehensive Plan and has
therefore made a recommendation that the Monroe County Board of
Commissioners deny the applicant' s request for the Roberts' prop-
erty to be rezoned from Improved Subdivision (IS) to Suburban
Commercial (SC) ; and
Page 3
CORAL. 15A/TXTAMAP Initials
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 Coral Isles Church property legally de-
scribed as Lots 1, 2 , 3 , and 4, Block 3 , and Lot 23 , Block 5, of
Fontaine Lake Estates Subdivision, and part of Government Lot 2,
part SE 1/4 of the NE 1/4, Section 5, Township 63 South, Range 38
East, Plantation Key (Real Estate Number 00432730-000000) ; and
the R. Wrenn and T. Wrenn properties, legally described as part
of Government Lot 2 , part SE 1/4 of the NE 1/4, Section 5, Town-
ship 63 South, Range 38 East, Plantation Key (Real Estate Numbers
0092240-000000 and 0092240-000200, respectively) as shown on the
Page 4
CORAL. 15A/TXTAMAP Initials
attached map, which is hereby incorporated by reference, and
attached as exhibit 1 . The aforementioned properties' current
designation as Improved Subdivision (IS) is hereby repealed, as
shown in Exhibits 2A - 2C, attached hereto, which provide the
metes and bounds descriptions for the properties to be rezoned.
However, the Roberts property shall remain Improved Subdivision
(IS) .
Section 3 . The land use district map shall be amended, as
shown in exhibit 1, changing the land use designation as outlined
above .
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 5
CORAL. 15A/TXTAMAP Ini-tials
•
•
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of the Board held on
the 22nd day of November , A.D. , 1994 .
•
Mayor Freeman _ yes
Mayor Pro-tem London yes
Commissioner Harvey yes
Commissioner Douglass yes
Commissioner Reich yes
BOARD OF COUNTY COMMISSIONERS .
OF MONROE COUNTY, FLORIDA
BY •
MAYOR/CHA
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
UTCLE
" '0//rD O FORM
•
FIC/ENCY
ttorney's Office
Page 6
CORAL. 15A/TXTAMAP Initials
ORDINANCE 039-1994
Exhibit 1 of 2
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PROPOSED ZONING Key Plantation
n Proposal : IS to SC
N
Property Desc : Fontaine Lake Estates Sub. , Blk 3 ,
Lots 1-4 and B1k 5 , Lot 23 & part Govt lot 2.
. Appl i cant Name : Coral Isles Church, Roberts ,Wrenn, Wrenn
1 ' - 400' LUD Map : 156 & 160 File Number : M93008
ORDINANCE 039-1994
Exhibit 2A of 2i
Legal Description for Coral Isles Church
Parcel# 00432730-000000
A portion of the South Half of the "Absolam Albury 11.90"
• acre lot, as shown on "Plat showing subdivision of Property
belonging to Joseph V. Absolam and William Albury
situated
on Plantation Key, Monroe County, Florida" recorded in
Plat Book 1 on Page 70, Public Records of Monroe County,
Florida, and more particularly described as follows: From
the Southwest corner of the SE 1/4 of the NE 1/4 of Section 5,
Township 63 South, Range 38 East, .according to MacDonald's
Plat (1-70) run North on the West line of the said SE 1/4
of the NE 1/4, a distance of 198 feet; thence East and parallel
to the South line of the SE 1/4 of the NE 1/4, a distance of
405.5 feet to the Easterly side of Old State Road 4A, at the
South side of the Absolam Albury 11.90 acre lot; thence
Northeasterly along the said Easterly side of Old State Road
4A, a distance of 16.12 feet to the North side of a 15 ft. road
and the point of beginning of the parcel hereinafter described;
thence East on a line 15 ft. North of and parallel to the
South side of the Absolam Albury 11.90 acre lot, a distance
of 937.44 feet; thence North at right angles to last described
course, a distance of 152.47 feet to the North side of the
South half of the Absolam Albury 11.90 acre lot; thence West
on the said North side of the South half of the Absolam Albury
11.90 acre lot, a distance of 877.39 feet to the said Easterly
side of Old State Road 4A; thence Southwesterly along the
said Easterly side of Old State Road 4A, a distance of
163.88 feet to the Point of Beginning,
AND
Lots 1, 2, 3, and 4, of Block 3, of FONTAINE LAKE ESTATES,
according to the plat thereof, recorded in Plat Book 5, at
Page 8 of the Public Records of Monroe County, Florida.
AND
Lot 23 of Block 5 , of FONTAINE LAKE ESTATES ,
According to the plat thereof , recorded in Plat
Book 5 , at Page 8 of the Public Records of Monroe
County , Florida .
•
ORDINANCE 039-1994
Exhibit 2B of 12
Legal Description for Ralph Wrenn property
Parcel# 00092240-000000
• runs mg tit ' nnty, °nnwn ...-.....
A portio:i ot��the1.1S`outhilhair of vying ��Abeenm-Alpur 11. $ acre lot, as shown on Plt
showing subdivipion of property belonging to Josepin Abealom and Wiliam Albury
situated on Plantation Key, Monroe County, Florida", recorded in Plat Book 1 on
Page 70, Public Records of Monroe County, Florida, and more particularly described
as follows: From the SW corner of the SE 1/4 of the NE 1/4 of Section 5, Township
63 South, Range 38 East, according to MacDonald's Plat (1-70) run North on the Wes
line of the said' SE 1/4 of the NE 1/4, a distance of 198 feet: thence East and
parallel to the South dint of the paid SE 1/4 of the NE 1/4 a distance of 405.5
feet to the Easterly side of Old State Road 4-A, at the South side of the Absolom
Albury 11.90 acre lot: thence NE'ly along the said Easterly. side of Old State Road
4-A, a distance of 16.12 feet to the North side of a 15 foot ready_ thence East on
line 15 feet North of and parallel to the said South side of the Asalom of Albury
eury
11.90 acre lot, a distance of 1,037.44 feet to the Point of Beginning
hereinafter described: Thence North at right angles to last described course a
distance of 152.47 feet to the North side of the South half of the Absolom Albury
11.90 acre lot; thence East along said North side, a distance of 100.00 feet, the'
south at right angles to the last des@cribed course, a distance of 152.47 feet 9q tl
North side of the aforementioned 15 foot road, thence West along ea North lade I
15 foot road, a distance of 100.00 feet to the Point of Beginning.
• ORDINANCE 039-1994
Exhibit 2C of -2
Legal Description for Tommy Wrenn property
Parcel# 00092240-000200
A portion of the South half of the "Abeolom Albury 11.90" acre lot, as shown
on "Plat showing subdivision of property belonging to Joseph V. Abeolom and
William Albury situated on Plantation Key, Monroe County, Florida", recorded
in Plat Book 1 on Page 70, ,public Records of Monroe County, Florida, and
more particularly described as follows:
From the SW corner of the SE 1/4 of the NE 1/4 of Section 5, Township 63
South, Range 38 East, according to MacDonald's Plat (1-70) run North on
the West line of the said SE 1/4 of the NE '1/4,. a distance of 198 feet;
,thence E cst and parallel to the South line of the said SE 1/4 of the
NC 1/4, a distance of 405.5 feet to the Easterly side of Old State Road
4-A, at the South side of the Absolom Albury 11.90 acre lot; thence NE' ly
along the said Easterly aide of Old State Road 4-A, a distance of 16.12 feet
to the North aide of a 15 foot road; . thence East on a line 15 feet North of.,
and parallel to the said South side of the Absolam Albury 11.90 acre lot, a
distance of 1,037.44 feet to the Point of Beginning of the parcel hereinafter
-'described: Thence North at right angles to last described course, a distance
of 152.47 feet to the North side of the South half of the Abeolom Albury
11.90 acre lot; thence East along said North side, a distance of 100.00 feet; '
thence South at right angles to the last described course, a distance of
•
152.47 feet to the North aids of the aforementioned 15 foot road, thence
west along said North side of 15 foot road, a distance of 100.00 feet to
the Point of Beginning.
ItL ; J.1;i ,'_+ 11 :4 5 NI .uu ! r .'..�
ohm
C0,0
FLORIDA DEPARTMENT OF STATE
Sandra 13. 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 19, 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 17 , 1995 and
certified copy each of Monroe County Ordinance Nos. 038-1994
through 040-1994; 043-1994 through 050-1994, which were filed
in this office on January 19, 1995.
For future use, our current address is:
Department of State
Bureau of Administrative Code
The Elliot Building
401 South Monroe Street
Tallahassee, Plorida 32399-0250 •
Sinc- rely,
I, .
1C-913444 •
Liz Clo Chief -
Bureau of Administrative Code
•
LC/mw
•
cc: Clerk of Circuit Court 1a • RECEIVED
for. Monroe County ahl,�+�
•
• fief lbtic � ° p 23 IR95
ta- - MON=o (
DEPT.
BY• !
•
•
4-41 '4�
•.rwo EIV
•
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
EMERGENCY MANAGEMENT • HOUSINC AND COMMUNITY DEVELOPMENT • RESOURCE PLANNING AND MANAGEMENT
LAWTON CHILES LINDA LOOMIS SHELLEY
Governor
Secretary
•
January 30, 1995
Mr. Robert L. Herman
Director of Growth Management
County of Monroe
Growth' Management Division
2798 Overseas Highway, Suite 400
Marathon, FL 33050-2227 •
RE: Monroe County Land Use Map Ordinances
Dear Mr. Herman:
•
Thank you for the transmittal of Monroe County Ordinances
038-1994 through 040-1994 and 043-1994 through 050-1994 dated
January 17, 1995. . They were received by the Department on
January 20, 1995.
A review of the map amendment ordinances .will be conducted
within 60 days by Department staff in the Keys Field Office and
Tallahassee for consistency. with Chapter 380 of the Florida
Statutes. and The Florida Keys Area of Critical State Concern
Principles for Guiding Development. I have asked Alan Woolwich,
the Senior Planner in the Keys Field Office, to meet with your
staff do discuss any preliminary Concerns he may have with the
amendments prior to February 24, 1994. Alan can be reached in
the Keys Field Office at 289-2402.
Sincerely,
I le— . „ -)/i/kk( )/171
a�^2V 9'�
f 44GUROC CC;IP'- •; • Michael D. McDaniel
I�/G� ,������ �,. Growth Management Administrator
Cor
•
CGP/aw '
•
2740 C ,ENTERVIEW DRIVE • TALLAHASSEE , FLORIDA 32399 - 2100
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FIELD Of f ICF P 0,Box 40::
1161U OFFICE
1796 Overseas riigkwav `,ui!;2:1 9G;lir N.W..i1dh Shier 155 East Summerlin
Marathon,Frorr;a i 3050 222E Miami,Florida 33159.4022 Bartow.Honda 33830.4641
:;<::.FLORIDA:;COUNZY..ORDINANCE'.DATA`RETR.iEVAL'SYSTEM° >>
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Instructions: Florida's Department of State, Bureau of Administrative Code has
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