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Ordinance 039-1995 FILED f OR RECORD .95 OCT 19 P 3 :57 !" ..\ ft.; ri~' 1,\ Planning Department ~L~I~~:\[ .~ ORDINANCE NO. 039::'1995 AN ORDINANCE ADOPTING A LAND USE DISTRICT MAP AMENDMENT CHANGING THE LAND USE DESIGNATION FOR THE OCEAN REEF CLUB'S PROPERTY, KNOWN AS "PROJECT F" LEGALLY DESCRIBED AS PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, AND PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE PLAT OF LANDS OF SEABOARD PROPERTIES INC., OCEAN REEF, KEY LARGO, AND MORE PARTICULARLY DESCRIBED IN METES AND BOUNDS, FROM SPARSELY SETTLED (SS) 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 the subject property, located in the northeast quarter of the southwest quarter, and part of the southwest quar- ter of the northeast quarter of the Plat of Lands of Seaboard Properties Inc., Section 7, Township 59 South, Range 41 East, Page 1 OCEANREE.05C/TXTAMAP Initials Tallahassee Meridian, Ocean Reef, Key Largo, Monroe County, Flori- da as shown on the shaded portion of Exhibit 1 (attached), and more particularly described in metes and bounds (See Exhibit 2) as Sparsely Settled (SS) The Real Estate Number lS 00081720-000300; and WHEREAS, the applicants have the above described property to designation from Sparsely Settled to Suburban Commercial (SC); and requested a map amendment for change its land use district (SS) (as shown in Exhibit 1) WHEREAS, the Planning Department's staff has 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 Page 2 OCEANREE.05C/TXTAMAP Initials recommendations of the Planning Department and the Development Review Committeej 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 Sparsely Settled (SS) to Suburban Commercial (SC) j 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 thereonj 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 effectivej 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 ownj and therefore Page 3 OCEANREE.05C/TXTAMAP Initials Section 2. The previously described property, as shown on the attached map, which is hereby incorporated by reference, shows that the properties are currently designated as Sparsely Settled (SS) and which designation is hereby repealed. Exhibit 2, attached hereto, and hereby incorporated by reference provides the legal description of the property to be rezoned. Section 3. The land use district map shall be amended changing the zoning category from Urban Residential (UR) to Suburban Commercial (SC) for the shaded portion of the property as shown in Exhibit 1 and legally described in Exhibit 2. 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). OCEANREE.05C/TXTAMAP Page 4 Initials 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 3rd day of October, A.D., 1995. Mayor Freeman absent Mayor Pro-tern London yes Commissioner Harvey yes Commissioner Douglass yes Commissioner Reich yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY <:S~~n"~ MAYOR/ RMAN ATTEST: DANNY L. KOLHAGE, CLERK BY TO FORM FICIENCY (SEAL) C ;..i~ ) il.ln.L C A)I~ DEPUTY CL~RK OCEANREE.05C/TXTAMAP Page 5 Initials ..:: -=z. :::- :: ..-- ~ ~:\'<. .,\ '1>\.'1> ------------ -- 1 "= lh mile \ . \"";pUMPKIN KEY .~ WEDNESDA Y __~~NT KEY LARG~ \.\GLER'S eLl's", '~ / ~ ~' 1I ~~ ~/ ~A' ... ~ '7 - -'tROCODIL - '+0<:>...<:> KEY lARGO HARBOR N t Street Map Monroe County t . r :z:; ~ - ", " '1/ Jl " CIU"_ '~ " '" ~ ~, .~ .~ ~ " , , . , s S~~,. . .jl.~"~~U".'I . - ~) 00\..1 ~ / '-./ KEY LARGO ~, < v' , / / ( \ \ \( \ \ CNUlI. t _~.l. i w . 'f N t I Key: Key Largo I MM: Proposal: From SS to SC 1 "=400' Property Description: Pt. NEk of SWk & Pt. SW k of NE k of NE & Pt. 5E k of NW ~ of Sec 7, Twn 59S, Rge41E, Ocean Reef, RE817 20-000300 & 301 " F II Applicant Name: Ocean Reef Aquisition/Great Amer. Life Ins./Tittle&Crai Map #: 55 I File Number: M95082 N ~ 1 994 R E ._-- 01 Aerial M aps 1 "=300' III CI)u&;Z ;1l~ 3iJ - 'l IZw jd' ;:: ",,-= 1/' (:-----r - f ;...- - - . .~, ___.........k - '_ '.... I - ,TrCjEC T - /- . ------~ -i-rrJ, ^ t F '" , . '';''-- , I ) - ~:/ t~r Ih t/~O & ;J- Pi - - ! j -' -.:;, /../ . ~ ...; . I1OIJ('oe CcU~1:f ?/RNI--'!~ /""' " ~ j;..., '\ ~ -/ ill" "" ,'-. nr---J / 'I., I----::'p~, . ... ~~ -.. ' .,. I "'1 . I " ~ n i----+--1 II.. .:; I II .' · .~~r------i II ...' . I .~a'~ .. I . I ~ -------l . · ftl 1 --I! 'I . ...~ . ,.1. I -~p~ II 5i' I . ,-----1 .. ~O: . I ---.... ! ~ ~ I. .,'"' ~,---. I · I O~ ~~' · I "<:.. ", I ,,~ ' I . I ,z.'..) I I /, I .'-y,,\ .. I y// I I I ./ /' . II · ; , I . ~i~L'; .. -----'~I .. , i~' ~- ,- :)jl . " '----" Ii: ~*a : II'~.: r ',1>&0.: '. \ / ."",~,:, /Y , - ill.. ~/' .1 V ~~, . \ r ... '\~.I~" \ ~~I " "".. .. ", . 'EXHI'i3IT 1 N ~ 1 "=400' J< ~~" ... - CIU"_ '~ '-, '...... '-..., '-,~ , ~~ I / ~~~. -~ "'v/ KEY LARGO ~ : I · . · I · i I --.- " . ~ I Key: Key Largo ! MM: From SS to SC Property Description: Pt. NEk of swk & Pt. SW k of NE k of NE & Pt. SE k of NW ~ of Sec 7,Twn 59S, Rge41E, Ocean Reef ,RE81720-000300 & 301 "F" Applicant Name: Ocean Reef Aquisition/Great Amer. Life Ins./Titt1e&Crai Map #: 55 File Number: M95082 . Exhibit 2 Legal Description of Project F DESCRIPTION: A parcel of land lying in the NE 1/4, the SW 1/4, and the NW 1/4 of Section 7. Township 59 South, Range 41 East, as shown on the plat of lands of SEABOARD PROPERTIES INC~., As recorded in Plat Book 4, Page 83. of the Public Records of Monroe County. Florida. and more particularly described as follows: Begin at the Northeast corner of Lot 4 as shown on the plat of ANClIOR DRIVE SUBDIVISION. OCEAN REEF PLAT NO. 10. according to the plat thereof a. recorded in Plat Book 6. Page 118. of the Public Records ot Monroe County, Florida; thence run N 42Q54'41" E 768.89 feet along the southeasterly right-ot-way'line of Anchor Drive to the point of curvature of a curve concave to the northwest having for it'. elements a central angle of 4053'51". a radius of 965.00 feet, a chord of 87.58 feet. and a ehord bearing of N 40 27'46" E; thence run along said right-of~ay line on the arc of .aid curve for 87.61 feet to a point of tangency; thence continue along said right-of-way line N 38000'50" E for 55.78 feet to a point of intereection with the centerline of Angelfish Cay Drive; thence along said centerline N 51059'10" W 50.00 feet; thence N 3S000'50" E 20.81 feet to the Point of Intersection of the northeasterly right-of-way line of Barracuda Lane with the Northwesterly right-of-way line of Anchor Drive, all a. shown on the Plat of BARRACUDA CAY, OCEAN REEF PLAT NO. 11, as recorded in Plat Book 6, Page 120 of the Public Recorda of Monroe County, Florida; thence run N 56019'21" W 285.00 feet . along said northea.terly right-of-way line of Barracuda Lane; thence run S 36030'09":W 871.73 feet; thence run S 49049'24" E 184.]1 teet to a point on the northwesterly right-ot-way line of Anchor Drive: thence eros.ing the right-of-way line of Anchor Drive S 24cI7'38" E 65.08 feet to the Point of Beginning. Contains 260,671.84 Square feet M.O.L. (5.98 acres) BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 1J9annp 1.. J!\olbage CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 October 23, 1995 BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 CERTIFIED MAIL RETURN RECEIPT REQUESTED 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 certified copies of Ordipance Nos. 037 thru 043-1995, which are self-explanatory. These Ordinances were adopted by the Monroe County Board of County Commissioners at a Special Meeting in formal session on October 3, 1995. Please file for record. Danny L. Kolhage Clerk of Circuit Court and ex officio Clerk to the Board of County Commissioners By: Isabel C. DeSantis ~Uc.~;4~ Deputy Clerk / CC: Growth Management Director Property Appraiser Tax Collector County Commission County Attorney County Administrator " File Z 396 282 898 .'). -.d:,~" I, o'rI:..!~~: .~a.,~,~~II~ or H~ Is your RETURN ADDRESS completed on the reverse side? ~~~ ~ ~ ~'t-~ ~ ~ ~" ~ ~ ~. ~ 0,,", Q"-' ~,O) ~ ~ "Cb () ~ ~~o '" '" <:: ~~ tD~' ~OJo ~~ :: ~ '1. \\" ~ ~\,.~ m ~(\ ~ 1'l"\-"-. ~CD ;:]. "' 'l' ~,,~ 0. ~ ~ ~ ~R 3 'h, ~ ~"~. ~ "~(Q. ,,~ '''4' ~" ",. . ~ ~I' oa .... ~ -.. ~ ~" '0 '( CC ... , I l\ 2 t' "'I"\. c I I !>> ~ } !Xl :--a 0 0 NO' ... t III )> 0 . 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Q 0 Ul- OlD ~ )> ~g it ~. 0. !!:lCD 0. !D -< iD Ul Ul Thank you for using Return Receipt Service. , .. ...,-. __. __. _. - _' ~ - or - 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 -" October 26, 1995 ~ :::::::["" d G._. ". -:r Honorable Danny L. Kolhage Clerk to Board of County Commissioners Monroe Count'y 500 Whitehead Street Key West, Flocida 33040 z- Attention: Isabel C. DeSantis, Deputy Clerk Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your letter dated October 23, 1995 and certified copy each of Monroe County Ordinance Nos. 95-37 through 95-43, which were filed in this office on October 1995. We notice that you did not include the Data Retrieval System Coding form for the above named. Please send those to us at your earliest convenience. Sincerely, Li~ss~~Q Bureau of Administrative Code LC/mw 26, ~ I (I j P: I I {;