Ordinance 041-1995
FILED FOR RECORO
.95 OCT 19 P 3 :57
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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
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Key: Key Largo
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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
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EXHIBIT 1
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Proposal: From SS to SC
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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
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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
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October 26, 1995 ~
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Honorable Danny L. Kolhage
Clerk to Board of County Commissioners
Monroe Count'y
500 Whitehead Street
Key West, Flocida 33040
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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,
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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