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Ordinance 040-1999 , ;, ORDINANCE #()40 -1999 no - M. c::: tr" Cl .. W If> ' L:.: ::r: 0:: C- o.:: ..... o "'" t..&...N C- D I..L.J W (/) -l en en LL ~ AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FILED BY MONROE COUNTY TO CHANGE THE ZONING FROM SUB URBAN RESIDENTIAL (SR) AND SP ARSEL Y SETTLED (SS) TO PARK AND REFUGE (PR) FOR PROPERTY KNOWN AS THE SOMBRERO COUNTRY CLUB, WHICH IS LOCATED AT MILE l,:,! :MARKER 50 OF U.S. HIGHWAY NO.1, AND FURTHER ~.:~pESCRIBED AS PARCELS 3, 7, 8, AND 9 OF SOMBRERO ~1~~ROPERTIES, BOOT KEY, PB5-101, HAVING THE REAL -'"-:~;ESTATE IDENTIFICATION NUMBERS 00355210, -..J . U ;-:SlOO355330, 00355340, AND 00355350. THIS PROPERTY :;;U$IES IN SECTIONS 10, 11, and 15, TOWNSHIP 66 SOUTH, ~ ~NGE 32 EAST. ..~ WHEREAS, the Board of County Commissioners, in September 1986, adopted the Official Land Use District Maps, and therefore, designated the above-described property as Suburban Residential (SR) and Sparsely Settled (SS); and WHEREAS, the Board of County Commissioners, during a regular meeting held on September 8, 1999, conducted a public hearing and review of the Land Use District Map amendment request filed by Monroe County to change the zoning from Sub Urban Residential (SR) and Sparsely Settled (SS), to Park and Refuge (PR) for the Sombrero Country Club, Parcels 3, 7, 8, and 9 of Sombrero Properties, Boot Key, PB5-101, having the real estate identification numbers 00355210, 00355330, 00355340, and '00355350; and WHEREAS, the Planning and Environmental Resources Departments as well as the Development Review Committee and Planning Commission have recommended approval of the request; and WHEREAS, the Board of County Commissioners makes the following Findings of Fact: 1. Based on Section 9.5-511 of the Monroe County Code (MCC), the Board of County Commissioners may consider a land use change if at least one of six criteria is met, in this case the Need for Additional Comprehensiveness. 2. The adopted standards set forth in Policy 101.4.21 of the Year 2010 Comprehensive Plan stipulate that all properties with the future land use category Recreation (R) shall have the corresponding zoning Park and Refuge District (PR). Map Amendment M99137 Page 1 of3 Initials I ~ ., 3. Based on Policy 101.4,9 of the Year 2010 Comprehensive Plan, the principal purpose of the Recreation (R) future land use category is to provide for public and private activity-based and resource-based recreational facilities. 4. This property is currently used as a country club with an 18 hole golf course and four tennis courts, making the existing Recreation (R) future land use category most applicable to this site. 5. Based on Section 9.5-224 of the Monroe County Code, the principal purpose of the Park and Refuge (PR) land use category is to establish and protect areas as parks, recreational areas, and wildlife refuges. 6. This property is currently used for private recreational purposes, making the Park and Refuge (PR) zoning most applicable to this site. WHEREAS, the Board of County Commissioners has made the following Conclusions of Law: 1. The proposed land use change is consistent with the requirements enumerated in Section 9,5-511 (d)(5)b. (v) of the Monroe County Code. 2. The proposed land use change is consistent with the standards set forth in Policy 101.4.21 of the Year 2010 Comprehensive Plan. 3. The existing Recreation (R) future land use category continues to be the most applicable to this site. 4. The Park and Refuge (PR) land use category is most applicable to this site. THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE COUNTY, FLORIDA, THAT Section 1. This Board specifically adopts the findings of fact and conclusions of law stated above. Section 2. The previously described property, which is currently Suburban Residential (SR) and Sparsely Settled (SS), shall be designated as Park and Refuge (PR) district as shown on the attached map, which is hereby incorporated by reference and attached as Exhibit 1. Section 3. 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 invalidity. Map Amendment M99137 Page 2 of3 Initials Section 4. The Planning Director shall transmit this ordinance to the Department of Community Affairs for consistency review. Section 5. This ordinance shall not become effective until the Department of Community Affairs issues a final order approving it. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the --.8..tbof Sep tember, 1999. Mayor Harvey Mayor Pro Tern Freeman Commissioner Neugent Commissioner Reich Commissioner Williams yes yes yes ye::; yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY\.J.:)'.~~.~ ~ -: Mayor Harvey . 4l> ~\ ..'_ -..........~ DANNY L. KOLHAGE, CLERK ~~n~ DEPUTY CLERK of ,1999. Map Amendment M9913 7 Page 3 of3 Initials t_.~(. TO 238 ...... ...... ......~ ............ . ...... \ .........- -------- .................. --. ...... ...... ...... ...... ...... ...... ...... ...... ...... NA lIOt:If KEY HNB:Ut ,.- ,.- ... ~~ ' ..........~~.. ".J " .........~~.... N ~ 50 Proposal: From SR/SS to PR Property Description:Sombrero Properties, Lots 3,7,8,9 & part isclaimed Sombrero Blvd. RE 355210,355330,355340,355350 1 "=400' Map # 239 File Number t199137 Exhibit 1. N~ ~ , , , , " , , , ------------1-- I I I , N ~ Key: Boot MM: Proposal: From SR/SS to PR Property Description: Sombrero Properties, Lots 3,7,8,9 & part disclaimed Sombrero Blvd. RE 355210,355330,355340, 355350 1 "=400' Map # 234,235 File Number M99137 Exhibit 1. Jallnn!, I.. .olb.1t BRANCH OPFICE 3117 OVERSEAS HIGHWAY MARAlHON, FLORIDA 33OSO TEL. (305) ~27 FAX (305) 289-1745 CLERK OF THE CIRCUIT COURT MONROE COUNTY !lOO WHITEHEAD STREET JCEY WEST, FLORIDA 33lHO TEL. (3<li) 292-3550 FAX (305) 295-3660 September 24, 1999 BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL (305) 852-7145 FAX (305) 852-7146 .. CBRTXI'XBD KAXL RBTURK RBCBXPT RBQUBSTBD Mrs. Liz Cloud, Chief Bureau of Administrative Code and. Laws The Elliott Building 401 South Monroe Street Tallahassee, FL 32399-0250 Dear Mrs. Cloud: " Enclosed please find certitied copies of Ordinance Nos. 036, 037, 038, and 040-1999 which ~re;.elf-explanatory. ; " , These Ordinances were adopted by the Monroe County Board'of County Commissioners at a Regular Meeting in formal session on September 8, 1999. Please file for record. Danny L.'Kolhage Clerk ot Circuit Court and ex officio Clerk to the Board of ,County Commissioners By: i cc: Municipal Code Corporation, Ord. 036, 037 , 038-1999 Board of County Commissio~er. County Attorney I I County Administrator I i Growth Management Directb~, Ord. 040-1999 Tourist Development CounpJl, Ord. 038-1999 Finance Director, Ord. 036 , 037-1999 RiSk Manager, Ord. 037-19~9 ! C:'i':;%~'>i.kr,,;!t~&~\ltd'~. u t"~~;"'./'cc.J>0-li'h. Z '408 337 253 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use lor International Mail See reverse Sentt~r.. Liz Cloud, Chief f Bur ~~ ~dmlnl.tratlve Code and L f II i SENDER: . [] Complete Mems 1 wrdIor 2 for additional -w., ! Complete ~ems 3, 4&, ..s 40. [] Print yoor name and address on the rev_ of this fonn 10 that _ can relum this card to you. .. [] Attach this fonn to the Ironl of the mailpiece, or on the back N space doee no4 . permit. .II:. [] Write "Return Receipt RfIqW$ted" on the maIIpIece below the aJ1lcle number. ';;; [] The Return Receipt will show to whom the artIcIa W88 delivered ..s the dllte o detivered. " 3. Article Addressed to: i Mrs. Liz Cloud, Chief lur..u of Admlnl.tratlve Code and Laws () The Elliott Building 401 South Monroe Street Tallaha.,.., FL 32399-0250 I I aIIo wiIh to receive the toIIow- I, Ing ~ (for an extra fee): II 1. b ~~'s Address 1\. 2. []~~Icted Delivery l! I .11 ! 1)/ 5. Received By: (Print Name) ---r- n ~"6.J =-_ II il ill - PS I' ' 48. Article "i ber.l ' I Z 'to ,\ 81 Z(' ~ 4b. Service Ty J o Registered i' :,'",' I3'CertlfIed o Express Mal ',0 Insured o Return Aecei " lor iMn:llandlae 0 COD 7,DateofDell~ry 'SEP 27 1999.. I ," 8. Addressee's . ddfl!lSS (f!)nIy if requested and fee/sPf!!~jl " .', ,': ' I Hili ii/ill iIHlljlj" j:,II,'I:'II,llli .~ \. ,I I ) I" ~ Aeceipt II ,: I . i Iii i .; I A. ] c i I:lI C .. :s Is - :s o >- .IC C ! DIVISIONS OF FLORIDA DEPARTMENT OF STATE Office of the Secretary Division of Administrative Services Division of Corporations Division of Cultural Affairs Division of Elections Division of Historical Resources Division of Library and Infonnation Services Division of Licensing MEMBER OF THE FLORIDA CABINET -~.; FLORIDA DEPARTMENT OF STATE Kathe . ne Harris Secre ry of State DIVISION F ELECTIONS ?'j~~~ ~.:t ' ~c~~ -(~.. . '- . ,. -le'. ..t.1'"*,;, " ~:-,. ".~~ -~;,'~:~:~- '.' \. <.ft:~.~V/- HISTORIC PRESERV A nON BOARDS Historic Florida Keys Preservation Board Historic Pabn Beach County Prescrvation Board Historic Pensacola Preservation Board Historic SI. Augustine Preservation Board Historic Tallahassee Preservation Board Historic Ta""alHitlsborough County Preservation Board RINGLlNG MUSEUM OF ART September 27, 1999 5 0 \0 "TJ ::z: > \0 _ :Un::Z: O. r- -I'~&~' ~-~-_. n. r- I' "TJ 0("'). - 0 S~==- ;:0 -.0 :I:Ia -f("')r- :z ::0 1:<.4:r "" ; "'l' >- :::: ~ (") r- t::" .-. 1- I'Y1 ~, ~ ! ..... 0 Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your letter of September 27, 1999 and certified copies of Monroe County Ordinance Nos. 36-1999 through 38-1999 and 40-1999, which were filed in th~s office on September 27, 1999. Honorable Danny L. Kolhage Clerk of the Circuit Court Monroe County 500_White4~~~LSJ!~et Key West, Florida 33040 Attention: Ruth Ann Jantzen, Deputy CI~rk I, ; 1 Dear Mr. Kolhage: Sincerely, ~~~ Liz Cloud, Chief Bureau of Administrative Code LC/mp , I, I II,' '[ II .. ... BUREAU OF ADMINISTRATIVE CODE The Elliot Building . 401 South Momoe Street .1', Tallahassee, Florida 32399-0250 . (850) 488-8427 FAX: (850) 488-7869 . WWW Address: http://ww,..dos.s~~te.O.us . E-Mail: election@mai/.dos,statejl.us .I_...............~-.,~