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Ordinance 014-20161 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 MONROE COUNTY, FLORIDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ORDINANCE NO. 014 - 2016 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY FUTURE LAND USE MAP FROM RESIDENTIAL CONSERVATION (RC) TO RECREATION (R) AND CONSERVATION (C), FOR PROPERTY DESCRIBED AS A PARCEL OF LAND IN SECTION 24, TOWNSHIP 59 SOUTH, RANGE 40 EAST, KEY LARGO, MONROE COUNTY, FLORIDA, AND ALSO BEING A PORTION OF TRACT A, HARBOR COURSE SOUTH, SECTION ONE, OCEAN REEF PLAT NO. 14 (PLAT BOOK 7, PAGE 9), KEY LARGO, MONROE COUNTY, FLORIDA, HAVING REAL ESTATE NUMBER 00573690.003900, AS PROPOSED BY OCEAN REEF CLUB INC.; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR INCLUSION IN THE MONROE COUNTY COMPREHENSIVE PLAN AND FOR AMENDMENT TO THE FUTURE LAND USE MAP; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Ocean Reef Club Inc. submitted an application on March 9, 2015, for a Future Land Use Map amendment from Residential Conservation (RC) to Recreation (R) and Conservation (C) for property located on South Harbor Drive, Harbor Course South Section One, Ocean Reef, Key Largo, having real estate number 00573690.003900; and WHEREAS, the Monroe County Development Review Committee considered the proposed amendment at a regularly scheduled meeting held on the 25th day of August, 2015; and WHEREAS, the Monroe County Planning Commission held a public hearing on the 18 day of November, 2015, for review and recommendation on the proposed Future Land Use Map amendment; and WHEREAS, the Monroe County Planning Commission made the following findings of fact and conclusions of law: 1. The proposed FLUM is not anticipated to adversely impact the community character of the surrounding area; and Ord 014 -2016 1 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 2. The proposed FLUM is not anticipated to adversely impact the Comprehensive Plan adopted Level of Service; and 3. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe County Year 2010 Comprehensive Plan; and 4. The proposed amendment is consistent with the Principles for Guiding Development for the Florida Keys Area of Critical State Concern, Section 380.0552(7), Florida Statute; and 5. The proposed amendment is consistent with Part II of Chapter 163, Florida Statute; and WHEREAS, the Monroe County Planning Commission adopted Resolution No. P34 -15 recommending to the Monroe County Board of County Commissioners approval of the proposed amendment; and WHEREAS, at a regular meeting held on the 91h day of December, 2015, the Monroe County Board of County Commissioners held a public hearing to consider the transmittal of the proposed amendment, considered the staff report and provided for public comment and public participation in accordance with the requirements of state law and the procedures adopted for public participation in the planning process; and WHEREAS, at the December 9, 2015, public hearing, the BOCC adopted Resolution 408 -2015 transmitting the amendment to the State Land Planning Agency; and WHEREAS, the State Land Planning Agency reviewed the amendment and issued an Objections, Recommendations and Comments (ORC) report on March 8, 2016; and WHEREAS, the ORC report did not include any objections or comments regarding the proposed map amendment; and WHEREAS, at a regularly scheduled meeting on April 20, 2016, the BOCC held a public hearing to consider adoption of the proposed FLUM amendment; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. The Future Land Use Map (FLUM) for the Year 2010 Comprehensive Plan is hereby amended as follows: The property described as a parcel of land in Section 24, Township 59 South, Range 40 East, Key Largo, Monroe County, Florida, and also being a portion of Tract A, Harbor Course South, Section One, Ocean Reef Plat No. 14 (Plat Book 7, Page 9), Key Largo, Monroe County, Florida, having Real Estate Number 00573690.003900 is changed from Residential Conservation (RC) to Recreation Ord 014 -2016 2of3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 (R) and Conservation (C), as shown on Exhibit 1, attached hereto and incorporated herein. Section 2. Severability. 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 validity. Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 4. Transmittal. This ordinance shall be transmitted by the Director of Planning to the State Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes. Section 5. Filing and Effective Date. This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not become effective until a notice is issued by the State Land Planning Agency or Administration Commission finding the amendment in compliance with Chapter 163, Florida Statutes and after any applicable challenges have been resolved. Section 6. Inclusion in the Comprehensive Plan. The Future Land Use Map amendment shall be incorporated in the Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan and the text amendment shall be incorporated in the Monroe County Year 2010 Comprehensive Plan. The numbering of the foregoing amendment may be renumbered to conform to the numbering in the Monroe County Year 2010 Comprehensive Plan. PASSED AND ADOPTED by the Board of Co ty Commissioners of Monroe County, Florida, at a regular meeting held on the day of An'L(J2.� 2016. c r Mayor Heather Carruthers Yes Mayor Pro Tem George Neugent Not Pre sent _ >: Commissioner Danny L. Kolhage Yes .ez Cry Commissioner David Rice Yes op C-) C:) Commissioner Sylvia Murphy Yes L, �, z BOARD OF COUNTY COMMISSIONERS --� o OF MONROE COU Y, FLORIDA N BY Mayor H the C thers HEAVILIN, CLERK MONROE COUNTY TTORNE' tsTy) MJD AS DRM . l..J S . / ST EVEN T. WILLIAMS AS s1STA C NTY ATTC Ord 014 -2016 Date 3of3 The Monroe County Future Land Use Map is amended as indicated above. Proposal: Future Land Use change of one parcel of land in Ocean Reef having Real Estate Number 00573690- 003900 from Residential Conservation (RC) to Recreation (R) and Conservation (C). -0h, CLERK OF CIRCUIT COURT & COMPTROLLER MONROE COUNTY, FLORIDA July 8, 2016 Mr. Ernest L. Reddick, Program Administrator Administrative Code & Weekly R.A. Gray Building 500 S Bronough Street Tallahassee FL 32399 -0250 Dear Mr. Reddick, Enclosed please find a certified copy of Ordinance No. 014 -2016 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY FUTURE LAND USE MAP FROM RESIDENTIAL CONSERVATION (RC) TO RECREATION (R) AND CONSERVATION (C), FOR PROPERTY DESCRIBED AS A PARCEL OF LAND IN SECTION 24, TOWNSHIP 59 SOUTH, RANGE 40 EAST, KEY LARGO, MONROE COUNTY, FLORIDA, AND ALSO BEING A PORTION OF TRACT A, HARBOR COURSE SOUTH, SECTION ONE, OCEAN REEF PLAT NO. 14 (PLAT BOOK 7, PAGE 9), KEY LARGO, MONROE COUNTY, FLORIDA, HAVING REAL ESTATE NUMBER 00573690.003900, AS PROPOSED BY OCEAN REEF CLUB INC.; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR INCLUSION IN THE MONROE COUNTY COMPREHENSIVE PLAN AND FOR AMENDMENT TO THE FUTURE LAND USE MAP; PROVIDING FOR AN EFFECTIVE DATE. This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting, held in formal session, on April 20, 2016. Please file for the record. Should you have any questions please feel free to contact me at (305) 295 -3130. Re ctfully s b ed, Amy eay n, A, Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners by: Cheryl Robertson, D.C. cc: County Attorney via e-mail Growth Management via e-mail County Administrator via e-mail BOCC via e -mail MuniCode via e-mail File 500 Whitehead Street Suite 101, PO Box 1980, Key West FL 33040 Phone: 305- 295 -3130 Fax: 305 - 295 -3663 3117 Overseas Highway, Marathon, FL 33050 Phone: 305- 289 -6027 Fax: 305 - 289 -6025 88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax. 305 - 852 -7146 RICK SCOTT Governor July 8, 2016 Honorable Amy Heavilin Clerk of the Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Ms. Cheryl Robertson, Executive Aide Dear Ms. Heavilin: KEN DETZNER Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Monroe County Ordinance No. 014 -2016, which was filed in this office on July 8, 2016. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250 Telephone: (850) 245 -6270 www.dos.state.fl.us