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Ordinance 041-1995 FILED FOR RECORO .95 OCT 19 P 3 :57 ),' \;1; ".1"'1.,;..' \ ,..... it, __ ~ - . Planning Department ORDINANCE NO. 041-1995 AN ORDINANCE ADOPTING A LAND USE DISTRICT MAP AMENDMENT CHANGING THE LAND USE DESIGNATION FOR THE OCEAN REEF CLUB INC., OCEAN REEF COMMUNITY ASSOCIATION; AND OCEAN REEF ART LEAGUE'S PROPERTIES, KNOWN AS "PROJECT I" AND LEGALLY DESCRIBED AS PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST 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 Count v 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 shaded part of the northeast quarter of the southwest quarter, of the Plat of Lands of Seaboard Properties Inc., Section 7, Township 59 South, Range 41 East, Tallahassee Meridian, Ocean Reef, Key Largo, Monroe County, Florida as shown OCEANREE.05E/TXTAMAP Page 1 Initials on the shaded portion of Exhibit 1 (attached), and more particu- larly described in metes and bounds (See Exhibit 2) as Sparsely Settled (SS). The Real Estate Numbers are 00081720-000300, 00081740-000300, and 00081720-000302; and WHEREAS, the applicants have requested a map amendment for the above described properties to change its land use district designation from Sparsely Settled (SS) (as shown in Exhibit 1) to Suburban Commercial (SC); and 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 recommendations of the Planning Department and the Development Review Committee; and OCEANREE.05E/TXTAMAP Page 2 Initials 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 properties from Sparsely Settled (SS) 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 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 OCEANREE.05E/TXTAMAP Page 3 Initials Section 2. The previously described properties, 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 Sparsely Settled (SS) 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.05E/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 c:S~.,",~ (SEAL) Q. .LJ- c. ~ DEPUTY CLERK BY ATTEST: DANNY L. KOLHAGE, CLERK OCEANREE.05E/TXTAMAP Page 5 Initials ~ /~ ~ ~ ~ ~\'<. .,'\ <::.\.<::. ~---- 1 It= 1/2 mile N ~ WEDNESDA Y ~ _/~-'f'OINT ------ l\~Y LARG~ .,,-'GLER'S elL'S'" ).L::-'"t , \ "vPUMPKIN KEY KEi lARGO ~. -HIGH MANGRCNE POINT Street Map Monroe County ~I /Yl1S68 1 .~. , ~, . '01 I Co. ,~'~ .0 . --:- '~ . ~ ell . I ~ _~__JH -'J'R \ · / ~ii I \ Y, /-----, 1., ~/_''\/ \ . · :01 . / /' '\', · ----.,'----1 ~ ~ ' ,//--<'\. ,',",--- 0., I': .. i ,/ '/ ---.... '--______;'-----i' I ',," >( I ,! .O.! I "\/ ',~~,~ :~' ~ i'~;", '~ ;( ~/ L:-J ~y '~/ . y~ ! . i ~,IL*Y/.l · /t, K:- ~!~,,/ ( !~,8, I !~. ~ / ~!L-.:-.-.; /~/ ..--~~'~- \~, .. I ,II :'~t .. ~i\ ~ . -; I \. .~.~ . / .,' 1;1 ....:- 0 I ... ~~~ 0 / 0"," MC)'!. , 1 .:..c~ ,.' · / 0 ' N ..~ I:: p M ~:'" ....... '" ... N ~ ,'/~ " "'., '" v ~ // "/~ , , !~~~~!- ~ GO...., / V KEY LARGO /..... i . , I I ~ , i . I ' . I \ A Key: Key Largo MM: Proposal: From SS to SC Property Description: Pt. NE 1,; of SW 1,; of Sec 7 I Twn 59S, RGE 41 E Ocean Reef, RE 00081720-000302, RE 00081740-000300, Project I Applicant Name: Ocean Reef Volunteer Fire" Ocean Reef Art Leagu~ Map #: 55 & 56 ' File Number: M95084 1 "=400' ;~ If '" N ~ IJ7t;~ 0 g 'i 1J1~ ~tJ/~ ~pI 1" 300' .,"-_.:::::::-_--,..,.~~.. ,_., " CCif:#)J KEE~- ?Ru.;-EC ( L t! --/-- . /(1/,,,,,1" . I 7f~ ~ ~, ----~- I ..vI ~ ,.:.r-_ / / l//'/~ 1 I-f---.- ~:C m tJSoBf fhofo:> ~: !1CVf'Oe WUN Iy ~~J.JI~ Derl: EXHIBIT 1 " v ,'1/ // / 1/ "'- " '''-, "', 'y '- . / ~),,/~/ ~/ ----\ Y'/// ",/ ' /,-< . , \ , .. " S S\JC" .;.""~'6~,,.'! GO\-f KEY~ . ~ I . . . , . I \ - N Largo Proposal: From SS to SC 1 "=400' Property Description: Pt. NE ~ of SW ~ of Sec 71 Twn 59S 1 RGE 41 E Ocean Reef, RE 00081720-0003021 RE 00081740-0003001 Project I Applicant Name: Ocean Reef Volunteer Fire" Ocean Reef Art Leagu~ Map #: 55 & 56 File Number: M95084 Exhibit 2 Legal Description of Project I A portion of the NE 1/4 of the SW 1/4 of Section 7, Township 59 South, Range 41 East, "Plat of Lands of Seaboard Properties, Inc.", according to the plat thereof as recorded in Plat Book 4, Page 83 of the Public Records of Monroe County, Florida being more particularly described as follows: Commence at the Southwest corner of the NE 1/4 of the SW 1/4 of said Section 7: thence N 2 degrees 16' 26" W (Bearings derived from Florida Coordinate System, East Zone) along the West line of said NE 1/4 of the SW 1/4 of said Section 7 for 877.53 feet to an intersection with the Northwesterly extension of the center line of Ocean Reef Dr., as shown on the Plat of "Channel Cay Ocean Reef Plat No.4", according to the plat thereof as recorded in Plat Book 5, Page 122 of the Public Records of Monroe County, Florida; thence S 43 degrees 11' 40" E along said Northwesterly extension of the center line of Ocean Reef Dr. and along the center line of Ocean Reef Dr. for 375.65 feet; thence N 38 degrees 46' 36" E for 298.32 feet to the POINT OF BEGINNING of the hereinafter described parcel of land; thence N 28 degrees 34' 16'1 W 175.57 feet; thence N 40 degrees 11' 47" E 181.42 feet; thence S 49 degrees 48' 13" E 211.85 feet to a point of intersection with the Northwesterly right of way line of Anchor Dr. as shown on the plat of "Anchor Dr. Subdivision, Ocean Reef;' Plat No. 10" as recorded in Plat Book 6 Page 118 of the Public Records of Monroe County, Florida, thence along said right of way line S 42 degrees 54' 41" W 58.05 to a point of curvature with a circular curve, concave to the Southeast, having a radius of 3535.00 feet, and a central angle of 3 degrees 01' 43"; thence continue along said right of way line on the arc of the above described curve 186.86 feet; thence leaving said right of way line, N 50 degrees 07'02" W 41.54 feet to the POINT OF BEGINNING, containing 1.045 acres, more or less. All the above described land lying and being in Monroe County, Florida. Also, A parcel of land lying in the NE 1/4 of the SW 1/4 and the SE 1/4 of the NW 1/4 of Section 7, Township 59 South, Range 41 East, Key Largo, Monroe County, Florida as shown on the Plat of Lands of Seaboard Properties, Inc. according to the plat thereof as recorded in Plat Book 4, Page 83 of the Public Records of Monroe County, Florida, being more particularly described as follows. Commence at a P.R.M. being the most northerly corner of Anchor Dr. Subdivision, Ocean Reef Plat No. 10 according to the plat thereof, as recorded in Plat Book 6, Page 118 of the Public Records of Monroe County, Florida, thence run Southwesterly along the northwesterly right of way line of Anchor Dr. as shown on the aforementioned plat S 38 degrees 00'50" W 55.79 feet, to a point of curvature with a circular curve concave to the Northwest having for its elements a central angle of 4 degrees 53'51" and a radius of 965.00 feet; thence run along said right of way line on the arc of said curve for 82.49 feet to a point of tangency; thence continue along said right-of-way line S 42 degrees 54'41" W 885.67 to the POINT OF BEGINNING of the following described parcel of land; leaving said right-of-way line run N 49 degrees 49' 24 II W 47.31 feet to a found pipe, said pipe being the most easterly corner of the fire station tract; thence continue N 49 degrees 49' 24" W (Fire Station survey N 49 degrees 48' 13" W) 163.65 feet to a found pipe most northerly corner of the fire station tract; thence run S 40 degrees 10'36" W (fire station survey S 40 degrees 11' 47" W) 181.42 feet to a found pipe (most westerly corner of fire station tract); thence run N 29 degrees 31'27" W 118.89 feet to a point of curvature with a circular curve concave to the East; thence run along the arc of said curve, having for its elements a central angle of 65 degrees 56'01" and a radius of 180.86 feet for a distance of 208.13 feet to a point of tangency, thence run N 36 degrees 24' 35" E 190.00 feet; thence run S 51 degrees, 58'12" E 462 feet; thence run S 42 degrees 54'41" W 222.00 feet to the POINT OF BEGINNING, containing 2.7 acres more or less. BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 1Dannp 1.. itolbage 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 Ordinance 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 ~oU C. ~A~ Deputy Clerk / cc: Growth Management Director Property Appraiser Tax Collector County Commission County Attorney County Administrator I File Z 3"'16 282 898 R:;ceipt for Certified Mail f-.Jo hsurance Coverage PrOVided 00 not use for Internat,onai Mad .(See Reverse) - L"'''~r><;r,p[,> P(,<,rAc.fI1V"f Is your RETURN ADDRESS completed on the reverse side? !JI~t ~ ~ ~'t:--~ ;[i' ~ ," ~ ":'\ N' )> 0"" Q~ a. ~. 0 ~ C\ "Cb l\ ~ ~~O"'''<:::~5: lll~' ~~o ~~ ':'; ~ "t. ~. ~ ~\..~ Ii 11 (\ ~ !l tI\ -'- "g: =:3' " 'l' ~ \.) Q. ~ ~ ~~?? 3 n, ~ ~.~. ~ I' ~ (Q. .... ~ \ ~ k- G, · ~ AJI' Ql .... ~ ~ t\ ~. ~~ I t\ 2 " "1"\ c I I I !'> ~ } o o 3 CD en - o' :0 CD - c: ... :J :0 CD (') CD ;:;' - !>> :'I ~)> 0 cds: e Ciriil",~ Cl)Ul _ iij.g: 0 i' "1:)CD_\~?6 III Ul t;\. <' '6" Q:)>~CD- -";:8:\-<Q' iil~ s: Ul CD Ul \ g. "0 '" ::l is. ~ iii' =::;; ~ 000 a; (') 5" (') CIl OUlCD ii) oC:3, Q. iil "., Q.~ Go ~ ooN?"N~ :Om en )> ~ i:l Jg CD c.u 3, 3iiliii"-."02. Ul-O_1Il Ul!!1CDV'Z ;:IIl-l.c: ~Q.~.~o CD "'101 III g ~ .t...~ .. . ...en ft ;1 ~~ ?; 2 ~ b' bl m <"m ~'3 ~ 0..3.3 3 Z ~ i':o?=~o~~'iC a. c ~ 2:(i!;; iD iD m 35; ~l::J"''''::C :n:J o' Q).tDm.. ~~ 3 H~ ~.~ 5 ~~... -ii' ~ Q,....~ ~i; <I> ~~~ !}~ ~ ~&~ il st ~~o -.... O' -. ~~ ~ :: ~ gg 3 5" o' 3:7 .g: CD ;_ :f CD iii' ti :~ ~ ~ :.g ~~ ~ So ~. Q)G> 0 :T ~ ~ lil :J or . Ii l 0 ~~ g- ~ ~. :T ~ 0 ~i i ~ 0.<1> lil n !! f ~ !olD :::J C CD="' 2. 3 ~ en I , I , J I i CD-- ?:S,g,1!!. iil~~ CD' :i' =e CD lC -. _ Ul "Ul=r CD.. <0 &r ~ Ullll a: aio "':J ~1Il Thank you for using Return RElceipt Service. 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 :Y ~ "Tl -- r ~'!'"'" r-. ::;z ..j c:::::l , <::: I '- 0\ a 1'" -.. '.., Ui . . U1 ~ October 26, 1995 ~ A:( .... ,:;) ..- 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 Secti6n 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. 26, ~ I (I; j P:~I u 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. LC/mw Sincerely, Li~c~Q Bureau of Administrative Code