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Ordinance 044-1994 FILED F OF RECORD '95 JAN -6 P 2 30 CLK C1R. CL MOWROF COUNT Y. F1-1' Planning Department ORDINANCE NO. 044-1994 AN ORDINANCE ADOPTING A LAND USE DISTRICT MAP AMENDMENT CHANGING THE LAND USE DESIGNATION FOR THE WHISPERING PINES ASSOCIATES, LTD. PROPERTY LEGALLY DESCRIBED AS TRACT 21, SAN SOUCI SUBDIVISION, GRASSY KEY, FROM SUBURBAN RESIDENTIAL (SR) TO URBAN RESIDENTIAL MOBILE HOME (URM) ; 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 Tract 21, San Souci Subdivision, Grassy Key, Section 19, Township 65S, Range 34E, Real Estate Number 00376110-000000, as Suburban Residential (SR) , and WHEREAS, the applicant has requested a map amendment for the above described property to change its land use district designa- Page 1 WHISPER. 14A/TXTAMAP Initials tion from Suburban Residential (SR) to Urban Residential Mobile Home (URM) ; 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 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 Suburban Residential (SR) to Urban Resi- dential Mobile Home (URM) ; and Page 2 WHISPER. 14A/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 previously described property, as shown on the attached map, which is hereby incorporated by reference, and attached as exhibit 1, shows that the properties are currently designated as Suburban Residential (SR) and which 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 Page 3 WHISPER. 14A/TXTAMAP Initials properties from Suburban Residential (SR) to Urban Residential Mobile Home (URM) . 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 WHISPER. 14A/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 14 th day of December , A.D. , 1994 . Mayor Freeman yes Mayor Pro Tem London yes Commissioner Douglass yes Commissioner Harvey yes Commissioner Reich yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY CS ' d-fse/t4ed" MAYOR/C MAN . (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK Aiaot) '#-4661)1e41"IjrI EPUCLE APPR.(o E► , • T. =ORM ANDL G< U'' IENCY BY r• t i"7"ears office if Page 5 WHISPER. 14A/TXTAMAP Initials Exhibit min ' ■ t I V IOUS Of \ /4• S C 0 • 7 s''s, / / ) \ slia eei / -1 r. •,‘ V" 2I / SR J . - \ I / • VS \\ ,/ 1 \\\ • 59 '/� i / \ ,-' \' • GNAW KEY MOOR / .j\ , o11 N _ -- •:•11% 44:1fri* \ %° I.) A Nis, r4tp - 111% .,—0"1/4 O ♦ :ii:::::::::: 'r O,1.. _,V,7 itl ,t,vei. O O ''' *-: 00 O ♦ O � ‘ei ii. S R vw . \, s. O O 00♦ ,ter .,, • Oj ♦O �,OO; •, ,• ,_ ,, • • . . 1.4 „--- . • ,. . . se��lcP. _tiO 000 - ; • - \ • • ....„ \ \ \\\\ \ \>\.\,.,•\ , e*** • • 144' Vr e° ,, • >eeeeeffe\\N%. • • \ ›'" ..' `, ‘• \ ,, \ \ ‘.... ..- • `, • .. , **\ \ .\\\:,,„. , ,, , , , ., ,, . , s , , , ,, , \ ... ., . „ • \ ‘.4 I. I S 0 \ \ . // i N Land Use District Map Key: Grassy Proposed Map Amendment MM. r s Proposal: From SR to URM Property Description: Tract 21 San Souci Subdivision Applicant NameWhispering Pines Associates, Ltd. 1"=400' Map # : 213 & 214 File Number : M93063 �poUAlTy.�Ci.34, ii O; t o fr P ;SN °annp I. 1.otbage 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 15?./a• ea Deputy Clerk DATE: January 6, 1995 At the December 14, 1994 County Commission Meeting, the Board adopted the following Ordinances: Ordinance No. 043-1994 adopting a Land Use District Map Amendment changing the Land Use Designation for Joan Stites' property legally described as part of Government Lot 1, Section 12, and further described in metes and bounds, Vaca Key, from Improved Subdivision (IS) to Suburban Residential (SR); transmitting these amendments to the State Land Planning Agency for approval; providing for severability; and providing for an effective date. Ordinance No. 044-1994 adopting a Land Use District Map Amendment changing the Land Use Designation for the Whispering Pines Associates, Ltd.,property legally described as Tract 21, San Souci Subdivision, Grassy Key,from Suburban Residential (SR) to Urban Residential Mobile Home (URM); transmitting these amendments to the State Land Planning Agency for approval; providing for severability; and providing for an effective date. • • Bob Herman January 6, 1995 Page 2 Ordinance No. 045-1994 adopting a Land Use District Map Amendment changing the Land.Use Designation for Edward and Nancy Boland's property legally described as Lots E, F, G,H of Amended Plat of Sadowski Subdivision, Vaca 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. Ordinance 046-1994 adopting a Land Use District Map Amendment changing the Land Use Designation for the Tropical Island Co.,Inc.,James and Patricia Aultman, and the Frank and Marjorie Mearns properties legally described as Lot 1, Block 2, Sea Crest Subdivision; the northerly 125 feet of Lot 1, Block 1, Sea Crest Subdivision; and Lot 1, Block 1 less (triangular parcel), 1st addition to Sea Crest Subdivision, Marathon, Vaca 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. Ordinance 047-1994 adopting a Land Use District Map Amendment changing the Land Use Designation for William Brown's property,legally described as lots 1, 2, 3 and 4 Block 58, Crains Subdivision, Grassy Key,from Sparsely Settled (SS) to Suburban Residential (SR); transmitting these amendments to the State Land Planning Agency for approval; providing for severability; and providing for an effective date. Ordinance 048-1994 adopting a Land Use District Map Amendment changing the Land Use Designation for Theodore Goldman's property,legally described as Lots 3, 4, 5, 6, 7, 8, Block 1, Marathon Heights Subdivision, Key Vaca from Suburban Residential (SR) to Suburban Commercial (SC); transmitting these amendments to the.State Land Planning Agency for approval; providing for severability; and providing for an effective date. Ordinance 049-1994 adopting a Land Use District Map Amendment changing the Land Use Designation for the Key Colony Beach Golf Club, Inc.,property which is legally described as the easternmost 110' of Lot 13, Block 12, and westernmost 110' of Lot 13, Block 13 and a portion of vacated Ave.!, Coco Plum Beach Subdivision, Fat Deer Key,from Suburban Residential (SR) to Suburban Commercial (SC); transmitting these Amendments to the State Land Planning Agency for approval; providing for severability; and providing for an effective date. 1• Bob Herman January 6, 1995 Page 3 Ordinance 050-1994 adopting a Land Use District Map. Amendment changing the Land Use Designation for the BAC International Credit Corporation property,which is legally described as 11.69 acre parcel part of Government Lot 3, Section 10, Marathon, Key Vaca,from Commercial Fishing Special District 15 (CFSD-15) to Suburban Commercial (SC); 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. I understand that you will follow through with DCA on all the above Ordinances, and upon approval of the above by DCA,you will transmit a certified copy of each ordinance to the State Department for filing, and to Municipal Code Corporation for inclusion into the County Code Book. This office will require a copy of the letter to the Florida Department of State, as well as their letter acknowledging the filing of same. We will also require a copy of acknowledgment from Municipal Code for our files. If you have any questions regarding the above, please do not hesitate to contact this office. cc: County Attorney County Administrator File ILL : ..ictil _+`._ 11 :4-1`_ I'dU .UU4 t .i�i. ____,...) Goo 4 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 • (N04)48841427 January 19, 1995 . • Mr . Robert L. Herman Director of Growth Management Growth Management Division • Monroe County 2796 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, Florida 32399-0250 • Sinc- rely, . Ill r 1, CSL,Ofit Liz Clog . , Chief • Bureau of Administrative Code LC/mw cc: ',Clerk of Circuit Court _fjgS ?a • for Monroe County �Gs~g� a +�� RECEIVED • �r �• �° 1l �R95 14" =CGoEvUN A r .�44.4 STATE OF FLORIDA • DEPARTMENT OF COMMUNITY AFFAIRS EMERGENCY MANAGEMENT • HOUSING 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 to 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. • �E � • I�t Sincerely, .)/171 " n krisr, 7k1/.I�/ Michael D. McDaniel • �4G; �GC CG'J h±. Growth Management Administrator 1° (A pIANNING vEI-T•• •, Cp f dam-i' BY ' Llr CGP/aw 2 7'4 0 C ,E. N T E R V I E W DRIVE • T A L L A H A S S E E , FLORIDA 3 2 3 9 9 - 2 1 0 0 FLORiDA KEYS AREA OF CRITIC.'.STATE CONCERN SOUTH FLORIDA RECOMY OI EKE GREEN SWAMP AREA OF CRITICAL STATE.CONCERN FLEW Of ICF P 0,Box 4022 I1L1D OFFICE 1?9E Overseas,i,kh•ray. 2:2 WitN.W..ihlh St.,ai 155 East Summerlin Marathon.Fro,i:13 i050 221 Miami,Florida 33159.4022 Bartow.Florida 33830.46.11 e ' FLORIDA.COUNTY:;ORDINANCE:DATA'RETRIEVAL:SYSTEM; ` DRS::: CO DING Instructions: Florida's Department of State, Bureau of Administrative Code has developed the County Ordinance Data Retrieval System (CODRS) to facilitate the tracking 'of County ordinances in Florida's 67 Counties. CODRS' data base is composed of over 25,000 county ordinances enacted since 1974. We request your cooperation in completing this coding form. It is to be completed whenever your county enacts a new ordinance. Simply complete this form and include it with other pertinent ordinance information that is submitted to the Bureau of Administrative Code. To code this form properly, please refer to the "keyfields".description sheet that has been given to your County Attorney's Office. If you do not have this sheet please contact the Bureau. We will be happy to fax one to you for referencing purposes. Please fill-out this'form as completely as is possible. Thank you for your assistance. Should you need further assistance please contact the Bureau of Administrative Code, Department of State at (904)-488-8427 or Suncom 278-8427. t>D 1 P RI :::. ?DESOR >DESC I TO i;:PTH ER DESCRIPTOR::: ::> :>::<:>::: :: `::° >'';<°:':`::'.:: :>;:::'.::;:;::::::::<:>:::;?:: .::»:::>:;:::::>>:><;::;:>:>::::>::;>:;:::;.:::>::::»::::>:>:>:>;>:>::::::.::;::•>;::::>::.: . : <>. <.:.:.:. ..:.:...:.. .. .: •..;.:::.:::•..:::::;::•::::•::.:::•:•.:::•::::•::..:.;....�:...:....:::..:..:.::.:::.•:.�:::... .::..::••.::.(25•charactars inaximum'Includm : acos :<::;rr:;';::�':�:'>:>'>:.;:>::r:-s%'�<>i:::><:> :•••.. CES:AMENDED"�(ust,below;tFie:ordinancos that ere`amendod;by;tho this to isiatiori::tt more'ttian`:#:i':<':[� roc nt"`o two`' ENDMENT # 2 NANC::. ES`��� REP :;.. .,.(L]s!boloMr the ordlnancea that ara repealod by;thta 1e91slation.:: ::::::�::»:>:�: :.. ..#.:1.. ( ),.:REPEAL EPEAL#::2;:.;;;<;>:;;::: ';::'" (Fu h s ""•ro lad.::•:;::: II thaf`•a"��•� R.017Fice U ON 'SE L .... . ��.��s <: >.... 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