Ordinance 048-1994 •
FILED FOR RECORD
'95 JAN -6 P 2 :30
D HN
DLit CM.CIR. CI. Planning Department
MONROE COUNT Y. FI.I,
ORDINANCE NO. 048-1994
AN ORDINANCE 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.
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 3 , 4 , 5, 6, 7, 8, Block 1, Marathon Heights
Subdivision, Key Vaca, Section 11, Township 66 ' South, Range 32
East, Real Estate Number 00338430-000000 as Suburban Residential
(SR) , and
WHEREAS, the applicants have requested a map amendment for
the above described property to change its land use district
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MARGIAR. 20A/TXTAMAP Initials
designation from Suburban Residential (SR) to Suburban Commercial
(SC) ; 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 Suburban
Commercial (SC) ; and
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MARGIAR. 20A/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 property is currently desig-
nated as Suburban Residential (SR) and which designation is here-
by 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
MARGIAR. 20A/TXTAMAP Initials
property from Suburban Residential (SR) 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.
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
MARGIAR. 20A/TXTAMAP Initials
r ,
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 Harvey yes
Commissioner Douglass yes
Commissioner Reich yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
CS • / ✓
MAYOR/ /AIRMAN
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
a0.6e44
PUT CLER
APPLED • FORM
AN I GA IENCY
BY I .
- A ;, ers Office.
Page 5
MARGIAR. 20A/TXTAMAP Initials
EXHIBIT 1
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PROPOSED ZONING Key : Vaca/Marathon
AProposal ' SR to SC •
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Property D.sc = Marathon Heights Sub. ,B1k 1 , Lots 3-8.
Appl I cant Name : Goldmann
11 ' 400' LUD Map ° 234 Fl I • Number a M93024
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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
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
Page2
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.
e .
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
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FLORIDA DEPARTMENT OF STATE
Sandra B. Mortham
Secretary of State
•
DIVISION OF ELECTIONS
13ureau 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,
C944
111
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•
Liz Clo, , Chief
Bureau of Administrative Code
LC/mw
cc: Clerk of Circuit Court t 10 • RECEIVED
• for Monroe County fj, •
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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. Z 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.
C0 Sincerely,
c_LE71-16" - „L . )71/1/2 )41
t_cor (��( - ONROE CC,�P'T Michael D. McDaniel
t 4114. r°� . PLANNING " • Growth Management Administrator
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FLORIDA KEYS AREA OF CRIT!Cn'.STATE LONCERN ¶OUTH FLORIDA RECOVERY OI FICE GREEN SWAMP AREA OF CRITICA1 STATE.CONCERN
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1796 Overseen ri;0.5;ay.5111!:1:2 9601t N.W,.161h 5treej 155 East SUmmer!in
Marathon,Nc,ri:;a 33(15i)111" Miami,Florida 33159.4022 Bartow.Florida 33830-4641
FLORIDA:COUNTY OR D INANC E:::DATA::RETRIEVAL`::SYSTEM'
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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.
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