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Ordinance 046-1994 i• HID FOR RECORD '95 JAN -6 P 2 :30 (1ANNY L. CLK CIR. CT. MONROE COUNT Y. Fa Planning Department ORDINANCE NO. 046-1994 AN ORDINANCE 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 . 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 Lot 1, Block 2 Sea Crest Subdivision; the north- erly 125 feet of Lot 1, Block 1, Sea Crest Subdivision; and Lot 1,. Block 1 less (triangular parcel) , Marathon, Vaca Key, Section 11, Township 66 South, Range 32 East, Real Estate Numbers Page 1 AULTMAN. 10/TXTAMAP Initials 00338980-000000 , 00338860-000000 , and 00339110-000000 as Improved Subdivision (IS) ; and WHEREAS, the applicants Tropical Island Company, Inc . and James and Patricia Aultman have requested a map amendment for their properties, Lot 1, Block 2 Sea Crest Subdivision; and the northerly 125 feet of Lot 1, Block 1, Sea Crest Subdivision, respectively, to change their land use district designation from Improved Subdivision (IS) to Suburban Commercial (SC) ; and WHEREAS, the Planning Department' s staff have reviewed the proposed land use district map changes and recommended approval for the Tropical Island Company and Aultman properties; and WHEREAS, the Planning Department' s staff, during their review prior to the Development Review Committee meeting, have recommend- ed that the Mearns property, Lot 1, Block 1 less (triangular par- cel) of the First Addition to Sea Crest Subdivision, also be changed from Improved Subdivision (IS) to Suburban Commercial (SC) ; 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 Page 2 AULTMAN. 10/TXTAMAP Initials . changes and recommended approval for all three properties de- scribed above; 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 recommended that the Monroe County Board of Commissioners deny the rezoning from Im- proved Subdivision (IS) to Suburban Commercial (SC) ; and WHEREAS, the Planning Department still recommends approval of the properties to be rezoned from Improved Subdivision (IS) to Suburban Commercial (SC) ; 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 3 AULTMAN. 10/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 Development Review Committee, in DRC Resolution No. D32-94 , as our own; and therefore Section 2 _ The attached map, which is hereby incorporated by reference, and attached as exhibit 1, shows that the previous- ly described properties are currently designated as Improved Subdivision (IS) 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 properties from Improved Subdivision (IS) to Suburban Commercial (SC) . 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. Page 4 AULTMAN. 10/TXTAMAP Initials 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. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on the 14th day of December , A.D. , 1994 . Commissioner London yes Commissioner Douglass yes Commissioner Harvey yes Commissioner Freeman yes Commissioner Reich yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY CS' --,) 1.440144.1120.40 A PR• ► TO RM AND i ^ OF NCY BY s Office(SEAL) /1r •'� Page 5 AULTMAN. 10/TXTAMAP Initials t i EXHIBIT 1 ` 1..1 Ir is r �' SAC • I� � + • re t i I 4 I • !r_ • I , li Q f iI j • : fIj • �j• =� � VACA l�� i .7.I • ' I . a . fa'-'-1 I' On= MIL ..` I. a g 1 ' 4 ' 2 d ----- 1:10 If , le ! 1 I . .—4—' ;. I=ICE g. r ' ..e 1 _xids T, - ii, ! , _,_ ; 3�p • , _ j , i- . 1 1____i_i. : H.: cicii.sio . ....F4, .... ' _ — , -.--If . ,-1:11E11 :." . ' g 1/1 ' it —I,, 2 12__L__.- . . . Ar_\_l_az..31 . . , 4 Z` =00 • f w w w . i . 8 • w U A ~ .DEM0 I_ IN4. s f r r r • 1 C�LLf Of YM�O IL _ IS r • — • + • • IN • • '— — - ----I I ' , 1 1 L J.. s se I I ' S }STRAITS OF FLORIDA _ IS , , _ 8 _ • , I / _� ' f I , , ri / i IbI ♦. ' • i ci, Land Use District Map Key: Vaca N Proposed Map Amendment MM: 50.7 Proposal: :.?rom Is to sc Property Description: Lot 1 , Blk 2, & Lot 1 , Blk 1 of Sea Crest Subd. , Lot 1 , Elk 1 1st Add. added per staff I I Applicant Name: Tropical Island Co. Inc ./Aultman 1"=400' Map # : 232 & 234 ! File Number : M93066 • �y4 •• .c GOUNry CO•L' y�4 9J • A 6 q`90F COUNTY.FV °ainnp 1. 1aottjage 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 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.I, 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. 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 : Jddfl :+ 11 : 45 I10 .uu4 r .0 - } * rN)r: tom. 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 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, Florida 32399-0250 Sinc- rely, AP . • C-91)"--(V Liz Clo. . , Chief Bureau of Administrative Code LC/mw • cc: ,Clerk of Circuit Court pCEIVED for Monroe County - . �, {1L� d.G61C4`r`R �� I° lJ 2 5 1R95 MONROE COUNTY ,�,( PLANNING DEPT. • .r. ,. 'lr 3 r3 • •d "`. 0 WE 0f 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. • Sincerely, ls ct,G4-14' „ )71/k Wl (—or Michael p. McDaniel 16' Growth Management Administrator ��(� PLANNING �;.: • Cap �: 8Y . 9� . . CGP/aw 2 7 .4 0 CENTERVIEW DRIVE • T A L L A H A S S E E , FLORIDA 3 2 3 9 9 - 2 1 0 0 FLORIDA KEYS ARCATA'CRIT'.Cn'.STA*E LONCI:RN SOUTH FLORIDA RECOVERY Of FICE GREEN SWAMP AREA OF CRITICAL STATE CO KERN FIELD OffICF P 0,Bok 402: IIELD OFFICE !794 Overseas,j,Kh'car Suit;l;l MOO N.W.31,rh Siren) 155 East Summedin Maraihnn,Frori:;a 13N502227 Miami,Florida 33159.402 Bartow.Florida 33830.4641 N- xA >„ .FLORID i;COUNTY;:ORDINANCE``.DATA RETRIEVAL SYSTEM: ::::;:;;';;::. DRS::C • :.>:::.::.:.:.::.::.::...:.::::.:::<:,:,::;:.:..<.:.::.:;..;...:;.:;:..�:.:.;..�..:::::... ODING'FORM....:,.::.....::.:::.:.:::��::::::<::::•:•:�::::::::�::::::�:::<��::>:•: 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 ukeyfields" 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. 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