Resolution 379-1994
*CORRECTED*
Planning Department
RESOLUTION NO. 379-1994
A RESOLUTION DENYING A LAND USE DISTRH;.T MAP .
AMENDMENT CHANGING THE LAND USE DESIGNATION ~
FOR PROPERTY LEGALLY DESCRIBED AS THE R~$$~LL
ESTATE, TRACTS 3 THROUGH 9, UPPER MATACl3M.BE, $;
MONROE COUNTY FLORIDA FROM IMP'RbvED z
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SUBDIVISION (IS) TO SUBURBAN COMMERCIAL .(BC). -.J
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WHEREAS,
Section 9.5-511(c), Monroe County Code
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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 The Russell Estate, Tract 3 through 9, Upper
Matacumbe; Section 27, Township 63 South, Range 37 East; Real
Estate Numbers 00404010 - 000000, 00404020 - 000000, 00404030 - 0 000 0 0,
00404040-000000,
00404050-000000,
00404060-000000,
and
00404070-000000, as Improved Subdivision (IS), and
WHEREAS, Betty Eason, the applicant has requested a map amend-
ment for the above described property to change its land use
EASON. 15B/TXTAMAP
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district designation from Improved Subdivision (IS) to Suburban
Commercial (SC); and
WHEREAS, Betty Eason does not own the above described prop-
erty; and
WHEREAS,
the tracts of land are now owned by Sandrey,
Fleisher, Invorica Investments Corp., and Alvarado; and
WHEREAS, the Planning Department's staff have reviewed the
proposed land use district map changes and recommended denial; 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 denial; 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
EASON. 15B/TXTAMAP
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WHEREAS, the Planning Commission has found that the proposed
changes are not consistent with the Monroe County Comprehensive
Plan and has made a recommendation that the Monroe County Board
of Commissioners deny without prejudice the applicant's request
to rezone the property from Improved Subdivision (IS) to Suburban
Commercial (SC); and
WHEREAS, the Planning Department's staff still recommend
denial of the proposed land use district map changes; 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; NOW THEREFORE
BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF MONROE COUN-
TY, FLORIDA: THAT
Section 1.
findings of fact:
This Board specifically adopts the following
1. There is insufficient evidence to approve the rezoning
according to the criteria listed in Monroe County Code,
Section 9.5-511.
EASON. 15B/TXTAMAP
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2. No data error was made relating to the subj ect lots on
either the Existing Land Conditions Map or the Land Use
District Map.
3. If the rezoning of these and other similar lots were
approved an adverse effect on the community character of
the planning area would result; 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 Improved Subdivision (IS) and shall remain designated as
Improved Subdivision (IS).
EASON. 15B/TXTAMAP
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PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of the Board held on
the 22 th day of NOVEMBER, A.D., 1994.
Mayor Freeman YES
Mayor Pro-tern London YES
Commissioner Harvey YES
Commissioner Douglass YES
Commissioner Reich YES
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
c:SW -::F~
MAYOR/CHA~
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
~
. EPUT CLE
11'1
EASON. 15B/TXTAMAP
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Exhibit
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srRAn'S OF FLOR/OA
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PROPOSED ZONING
Key: Upper Matecurnbe
Propo.al I IS to SC
Property Oe.c'The Russell Estate, Tract 3-9.
11. . "00'[
Appl i cant Name: Eason/Mattson
LUD Map: l75 Fi I e Number: M93040
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MEMORANDUM
To
Ruth Ann Jantzen, Deputy Clerk
Angela J. Adams, Senior Staff Assistant~
Growth Management Division
From:
Date:
January 13, 1,995
Re
Resolution #379-1994
Ruth Ann:
As we discussed last week on the phone, enclosed please find a
corrected Resolution No. 379-1994, denying a Land Use District
Map Amendment changing the Land Use Designation for property
legally described as The Russell Estate, Tracts 3 through 9,
Upper Matecumbe Key, from IS to SC. This Resolution was adopted
by the Board on November 22, 1994.
The correction affects only the Findings of Fact, which should
not have been that "the Board adopts the Findings of Fact of the
Planning Commission as their own" as stated in the original reso-
lution which was processed, but rather those findings as directed
by the BOCC, included in this correction.
Additionally, and just FYI, I understand from Holly and Lorenzo
that Resolution No. 383-1994 will be rescinded at next week's
BOCC meeting. There was a similar error, but it affects the deter-
mination of the case, and we want to bring it back to the Board
just to be safe.
As always, thanks for your help.
laa
enclosures
cc: Robert L. Herman, Director of Growth Management (w/o encl.)
Lorenzo Aghemo, Director of Planning (w/o enclosures)
Holly Larson, Comprehensive Plan Manager (w/o enclosures)
Beth Leto, Legal Assistant, County Attorney's Office
MAP94.013/TXTADAMS
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Planning Department
RESOLUTION NO.
379-1994
A RESOLUTION DENYING A LAND USE DISTRICT MAP
AMENDMENT CHANGING THE LAND USE DESIGNATION
FOR PROPERTY LEGALLY DESCRIBED AS THE RUSSELL
ESTATE, TRACTS 3 THROUGH 9, UPPER MATACUMBE,
MONROE COUNTY FLORIDA FROM IMPROVED
SUBDIVISION (IS) TO SUBURBAN COMMERCIAL (SC).
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 The Russell Estate, Tract 3 through 9, Upper
Matacumbe; Section 27, Township 63 South, Range 37 East; Real
Estate Numbers 00404010-000000, 00404020-000000, 00404030-000000,
00404040-000000,
00404050-000000,
00404060-000000,
and
00404070-000000, as Improved Subdivision (IS), and
WHEREAS, Betty Eason, the applicant has requested a map amend-
ment for the above described property to change its land use
EASON. 15A/TXTAMAP
Page 1
Initials
district designation from Improved Subdivision (IS) to Suburban
Commercial (SC); and
WHEREAS, Betty Eason does not own the above described prop-
erty; and
WHEREAS,
the tracts of land are now owned by Sandrey,
Fleisher, Invorica Investments Corp., and Alvarado; and
WHEREAS, the Planning Department's staff have reviewed the
proposed land use district map changes and recommended denial; 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 denial; 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
EASON. 15A/TXTAMAP
Page 2
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WHEREAS, the Planning Commission has found that the proposed
changes are not consistent with the Monroe County Comprehensive
Plan and has made a recommendation that the Monroe County Board
of Commissioners deny without prejudice the applicant's request
to rezone the property 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; NOW THEREFORE
BE IT RESOLVED 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 I, shows that the property is currently desig-
nated as Improved Subdivision (IS) and shall remain designated as
Improved Subdivision (IS).
Page 3
EASON. 15A/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 22nd
day of Novanber, A. D., 1994.
Mayor Freeman yes
Mayor Pro-tern London yes
Commissioner Harvey yes
Commissioner Douglass yes
Commissioner Reich yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
1w~~
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
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EPUT CLER
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EASON. 15A/TXTAMAP
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