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Ordinance 014-2000 3: <:> 0 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUN~~~ COMMISSIONERS RECOMMENDING APPROVAL OF nmA-< REQUEST FILED BY MONROE COUNTY TO CHANGE THE FUTUI@~:- LAND USE MAP FROM RESIDENTIAL LOW (RL) TO RECREATIdi?'8 (R) FOR PROPERTIES LOCATED AT THE OCEAN REEF CLUB ~~;; NORTH KEY LARGO, KNOWN AS THE HARBOR GOLF CO~ .~ AND THE DOLPHIN GOLF COURSE. l' ;:r, ORDINANCE NO. 014 -2000 0 -r'! (:) - ~ r- rT1 c::u 0 N "T1 CI1 0 ::0 :tlIIo ::0 :z - fT1 - ('") - 0 ~" :::0 ...... 0 WHEREAS, during a regular meeting held on September 15, 1999, the Board of County Commissioners held a public hearing and considered the request by Monroe County to change the Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan from Residential Low (RL) to Recreation (R) for the Harbor and Dolphin Golf Courses, which are located at the Ocean Reef Club in North Key Largo, and further described as the Harbor Golf Course, being those properties in Sections 13 & 24, Township 59S, Range 40E having the real estate identification numbers 00573690-003901, 0057690-004000, 00573710-003400, 00573700-005700, 00573720-005700, 00573720-005900, 00573720-005800, 00573700-002600, 00573670-005900, 00080120-000200, 00573670-005902, 00573630-002400, 00572797-002600 and 00573710-003400, excluding all portions of that parcel of Harbor Course having real estate number 00573710-003400 that constitute Project 'K' of the Ocean Reef Club Master Development Agreement, as approved by the Monroe County Board of County Commissioners; and the Dolphin Golf Course being those properties in Sections 7, 12 & 13, Township 59S, Range 40E and Section 7, Township 59S, Range 41E having the real estate identification numbers 00572221-006400, 00080040-00000, 00080050-00000, 00079970-00000, 00572790-00000, 00081740- 00000,00081790-00000,00571970-00000, 00571970-00400, 00081720-00000, excluding all portions of that parcel of Dolphin Course having real estate number 00081720-00000 that constitute Project 'G' of the Ocean Reef Club Master Development Agreement, as approved by the Monroe County Board of County Commissioners, and excluding all portions of that parcel of Dolphin Course having real estate number 00080040-00000 that constitute project 'K' of the Ocean Reef Club Master Development Agreement, as approved by the Monroe County Board of County Commissioners. WHEREAS, the Board of County Commissioners has examined the following information: 1. The application for rezoning from Monroe County to change the Land Use District Map from Sparsely Settled (SS) to Park and Refuge (PR); and 2. A report by Planning and Environmental Resources staff dated August 24, 1999; and WHEREAS, the Planning and Environmental Resources Department as well as the Development Review Committee and Planning Commission have recommended approval of the request; and WHEREAS, the Board of County Commissioners transmitted this as a draft ordinance to the Department of Community Affairs for its review and comment; and WHEREAS, the Department of Community Affairs made no objections, recommendations or comments regarding this proposed amendment; and Exhibit I Ordinance to Amend FLUM File M#99139 Page I of 4 Initials WHEREAS, the Board of County Commissioners held the second of two public hearings on the proposed amendment on February 17,2000; and WHEREAS, the Board of County Commissioners makes the following Findings of Fact: 1. Based on Section 9.5-511(d)(5)b. of the Monroe County Land Development Regulations, 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. There is a need for comprehensiveness in that the Year 2010 Comprehensive Plan overlooked the Dolphin and Harbor Courses and did not amend the maps to establish the Future Land Use category or zoning district designation that reflected the existing land use. 3. The Future Land Use Map shows the future land use category of the subject properties to be Residential Low (RL). 4. Residential Low (RL) does not permit expansive, activity-based land uses such as golf courses. 5. The Future Land Use Map category that is applicable for private golf courses, the land use of over 25 years, is Recreation (R). 6. 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. 7. The adopted standards set forth in Policy 101.4.21 of the Year 2010 Comprehensive Plan stipulate that all properties zoned Park and Refuge (PR) shall have the corresponding future land use category Recreation (R). 8. Based on Section 9.5-224 of the Monroe County Land Development Regulations, the principal purpose of the Park and Refuge (PR) land use district is to establish and protect areas as parks, recreational areas, and wildlife refuges. WHEREAS, the Board of County Commissioners makes 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 Land Development Regulations as it recognizes the need for additional detail or comprehensiveness. Exhibit I Ordinance to Amend FLUM File M#99139 Page 2 of 4 Initials 2. The Recreation(R) land use category is the most applicable of the land use categories for the subject properties as it is the only category that permits the existing use of the property and makes the change consistent with the Monroe County Year 2010 Comprehensive Plan. NOW THEREFORE,BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA,THAT: Section 1. This Board specifically adopts the findings of fact and conclusions of law stated above. Section 2. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan shall be amended from Residential Low(RL)to Recreation (R) for the Harbor and Dolphin Golf Courses, which are located at the Ocean Reef Club in North Key Largo, and further described as the Harbor Golf Course, being those properties in Sections 13 & 24, Township 59S, Range 40E having the real estate identification numbers 00573690-003901, 0057690-004000, 00573710-003400, 00573700-005700, 00573720-005700, 00573720-005900, 00573720-005800, 00573700-002600, 00573670-005900, 00080120-000200, 00573670-005902, 00573630-002400, 00572797-002600 and 00573710-003400, excluding all portions of that parcel of Harbor Course having real estate number 00573710-003400 that constitute Project `K' of the Ocean Reef Club Master Development Agreement, as approved by the Monroe County Board of County Commissioners; and the Dolphin Golf Course being those properties in Sections 7, 12 & 13, Township 59S, Range 40E and Section 7, Township 59S, Range 41E having the real estate identification numbers 00572221-006400, 00080040-00000, 00080050-00000, 00079970- 00000, 00572790-00000, 00081740-00000, 00081790-00000, 00571970-00000, 00571970-00400, 00081720-00000, excluding all portions of that parcel of Dolphin Course having real estate number 00081720-00000 that constitute Project `G' of the Ocean Reef Club Master Development Agreement, as approved by the Monroe County Board of County Commissioners, and excluding all portions of that parcel of Dolphin Course having real estate number 00080040-00000 that constitute project `K' of the Ocean Reef Club Master Development Agreement, as approved by the Monroe County Board of County Commissioners. 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. Section 4. The Planning Director shall transmit this ordinance to the Department of Community Affairs for compliance review. Exhibit 1 Page 3 of 4 Initials Ordinance to Amend FLUM File M#99139 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 17th day of February ,2000. Mayor Freeman Yes Mayor Pro Tem Neugent Yes Commissioner Harvey Yes Commissioner Reich Yes Commissioner Williams VP BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA BY• Mayor/Ch.irperson _ATTESTs', ,.,g' DANNY L. KOLHAGE, CLERK APPROV ,j AND LE I NCY BY DEPU 'CLE , ttorney's Office 1 Exhibit 1 Page 4 of 4 Initials Ordinance to Amend FLUM File M#99139 1Bannp 1.. kolbage BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARAlHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD S1REET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 February 25,2000 Mrs. Liz Cloud, Chief Bureau of Administrative Code & Laws The Elliott Building 401 S Monroe Street Tallahassee FL 32399-0250 Dear Mrs. Cloud, Enclosed please find certified copies of the following: Ordinance No. 008-2000 approving the request by the Planning Department to change the Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan from mixed use/commercial fishing (MCF) to residential medium (RM) and/or conservation (C) for properties described as Lots 1-8, 11-13, 19-20, 25-27, 32, 36-38, 41-47, amended plat of Bahia Shores Subdivision, No Name Key, Section 18, Township 66 South, Range 30 East, Monroe County Florida; and Lots 2-7, 11-17, 20-33, 40-44 amended plat of Dolphin Harbor Subdivision, No Name Key, Section 18, Township 66 South, Range 30 East, Monroe County, Florida; and unplatted properties on No Name Key, Section 18, Township 66 South, Range 30 East, Monroe County, Florida having the following real estate numbers: 00108040-000100, 00108040-000101, 00108040-000102, 00108040-000103, 00108040-000104, 00108040-000105, 00108040-000106, 00108040-000300, 00108040-000301, 00108040-000302, 00108040-0003 03, 00108040-000304, 00108040-000400, 00108040-000401, 00108040-000500, 00108040-000600, 00108040-000700, 00319491-000100, 00319491-000200, 00319491-000400, 00319491-000500, 00319491-000600, 00319491-000700, 00319491-000800, 00319491-001100, 00319491-001200, 00319491-001300, 00319491-001900, 00319491-002000, 00319491-002500, 00319491-002600, 00319491-002700, 00319491-003200, 00319491-003600, 00319491-003700, 00319491-003800, 00319491-004100, 00319491-004200, 00319491-004300, 00319491-004400, 00319491-004500, 00319491-004600, 00319491-004700, 00319491-004800, 00319491-004900, 00319491-004901, 00319492-000200, 00319492-000300, 00319492-000400, 00319492-000500, 00319492-000600, 00319492-000700, 00319492-001100, 00319492-001300, 00319492-001400, 00319492-001500, 00319492-001600, 00319492-001700, 00319492-002000, 00319492-002100, 00319492-002200, 00319492-002300, 00319492-002500, 00319492-002700, 00319492-002800, 00319492-002900, 00319492-003000, 00319492-003100, 00319492-003200, 00319492-003300, 00319492-004000, 00319492-004400, 00319492-004100, 00319492-004500, 00319492-004200, 00319492-004600. 00319492-004300, Ordinance No. 009-2000 approving the request by the Planning Department to change the Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan: from agriculture (A)/mixed use-commercial (MC)/residential low (RL)/ residential conservation (RC) to mixed use-commercial (MC)/residential low (RL)/residential conservation (RC) for property described as a portion of Lot 1, Ramrod Key, Section 31, Township 66 South, Range 29 East, Monroe County, Florida, at approximately mile marker 27.5, and having the real estate number 00114150-000000; and from residential low (RL )/residential conservation (RC) to mixed use-commercial (MC)/ residential low (RL)/residential conservation (RC) for property described as a portion of Lot 1, Ramrod Key, Section 31, Township 66 South, Range 29 East, Monroe County, Florida, at approximately mile marker 27.5, and having the real estate number 00114150-000300; and from residential conservation (RC) to agriculture (A) for property described as a portion of Lot 4, Ramrod Key, Section 31, Township 66 South, Range 29 East, Monroe County, Florida, at approximately mile marker 27.5, and having the real estate number 00114120-000000. Ordinance No. 010-2000 approving the request by the Planning Department to change the Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan from residential medium (RM) to mixed use-commercial (MC) for property described as Lots 521, 522, and 523-534, Port Largo fifth addition, Key Largo Section 33, Township 61 South, Range 39 East; with the following RE numbers: 00453475-013700, 00453475-0013800, and 00453475-014100. Ordinance No. 011-2000 approving the request by the Planning Department to change the Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan from residential high (RH) to residential medium (RM) for property described as all of Lots 1-9 of Block 2, all of Lots 2-7 of Block 1, and an unnumbered Lot in Block 1, Paradise Point Subdivision, Key Largo Section 1, Township 61 South, Range 39 East, with the following real estate numbers: 00513270-000000, 00513280-000000, 00513290-000000, 00513300-000000, 00513310-000000, 00513320-000000, 00513330-000000, 00513340-000000, 00513440-000000, 00513450-000000, 00513460-000000, 00513470-000000, 00513480-000000, 00513490-000000. Ordinance No. 012-2000 approving amendments to the Rate of Growth Ordinance (ROGO) of The Monroe County Code, including Sections 9.5-4, 9.5-122 and 9.5-122.3 by providing additional definitions, adding flexibility and adding positive point opportunities for modest housing. Ordinance No. 013-2000 approving amendments to residential ROGO's affordable housing provisions of the Monroe Countv Year 2010 Comprehensive Plan, including portions of policies 101.2.4, 101.5.4 and 601.1.11 which add flexibility to the residential ROGO allocations and provide positive point opportunities for modest housing. This Ordinance also adds policy 101. 5.10 which creates opportunities for new development by transferring existing transient and residential units and spaces. Ordinance No. 014-2000 recommending approval of the request filed by Monroe County to change the Future Land Use Map from residential low (RL) to recreation (R) for properties located at the Ocean Reef Club in North Key Largo, known as the Harbor Golf Course and the Ordinance No. 015-2000 approving the request filed by Monroe County to change the Land Use District Map from sparsely settled (SS) to park and refuge (PR) for properties located at the Ocean Reef Club in North Key Largo, known as the Harbor Golf Course and the Dolphin Golf Course. Ordinance No. 016-2000 approving the request by Monroe County to change the Future Land Use Map of the Monroe Countv Year 2010 Comprehensive Plan from various designations to conservation (C) for Garden Cove Park, Bay Haven Park, and Cutthroat Harbor. Ordinance No. 017-2000 approving the request by Monroe County to change the Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan from various designations to recreation (R) for Friendship Park, Key Largo Community Park, Old Settler's Park, Watson Field, Ramrod Key Swimming Hold, Bay Point Park, Wilhelmina Harvey Children's Park, and Bernstein Park. Ordinance No. 018-2000 approving the request by Monroe County to change the Land Use District Map from various zoning designations to conservation district (CD) for Garden Cove Park, Bay Haven Park, and Cutthroat Harbor. Ordinance No. 019-2000 approving the request by Monroe County to change the Land Use District Map from various zoning designations to park and refuge district (PR) for Friendship Park, Key Largo Community Park, Harry Harris Park, Old Settler's Park, Blue Heron Park, Watson Field, Ramrod Key Swimming Hole, Bay Point Park, Wilhelmina Harvey Children's Park, and Bernstein Park. Ordinance No. 020-2000 approving the request by property owner Ida Welborn to change the Future Land Use Map designation of the 2010 Comprehensive Plan for Lots 10 and 11, resubdivision of seaside, Section 14, Township 62 South, Range 38 East, at approximately mile marker 94.5, Key Largo, real estate numbers 00491650 and 004911660, from residential medium (RM) to mixed use/commercial (M/C). Ordinance No. 021-2000 approving the request by property owner Ida Welborn to change the official Land Use Map (zoning) designation for Lots 10 and 11, resubdivision of seaside, Section 14, Township 62 South, Range 38 East, at approximately mile marker 94.5, Key Largo, real estate numbers 00491650 and 004911660, from improved subdivision (IS) to suburban commercial (SC). These Ordinances were adopted by the Monroe County Board of County Commissioners at a Regular Meeting in formal session on February 17, 2000. Please file for record. Danny L. Kolhage Clerk to Circuit Court and ex officio Clerk to the Board of County Commissioners by: Pamela G. Hancoc~ Cf'~~ Cc: Board of County Commissioners County Administrator w/o document County Attorney Growth Management File Z 408 337 280 The Elliott Building P~~S\!tf8lWIMORme ree Postage Certified Fee Restricted Delivery F II) 8l Return Receipt Showing ... Whom & Date Delivered 'li Return Receipt Showing \0 Whom, <( Date, & Addressee's Address c:i o TOTAL Postage & Fees CO C") Postmarl< or Date E Ov-cl;",q...-.. ~s. If C/) ll. f, fh\",.. c.1C- 00'8 - 02.1 - LOOo SENDER: I also wish to receive the follow- ing services (for an extra fee): o Complete items 1 and/or 2 for additional services. Complete items 3, 4a, and 4b. o Print. your name and address on the reverse of this form so that we can return this card to you. o Allach this form to the front of the mailpiece, or on the back if space does not permit. o Write 'Return Receipt Requested' on the mailpiece below the article number. o The Return Receipt will show to whom the article was delivered and the date delivered. 3. Article Addressed to: Ii () "> .. GI en ... Co Gi () GI a: c: ~ .. a: 01 c: 'iii ::J .. .e ::J o >- ~ c: IV ..c: I- 1. 0 Addressee's Address 2. 0 Restricted Delivery 4a. A2t Ni~r g ~~ 4b. Service Type / o Registered Cl'tertified o Express Mail 0 Insured o Return Receipt for Merchandise 0 COD 7. Date of Delivery F E B 2 9 2000 8. Addressee's Address (Only if requested and fee is paid) .. ::J o >- ' .!!!~ PSI h Receipt DIVISIONS OF FLORIDA DEPARTMENT OF STATE �( -.......S—*td2P4. HISTORIC PRESERVATION BOARDS Office of the Secretary ..per Historic Florida Keys Preservation Board Division of Administrative Services . > ^ " Historic Palm Beach County Preservation Board Division of Corporations ;' =g,_% ✓ ►" c� 1 Historic Pensacola Preservation Board Division of Cultural Affairs =*:9;?:a•.�. Division of Elections ?`<,II1p` n%_; _ Historic St.Augustine Preservation Board a" '"' '-'�'_Division of Historical Resources Historic Tallahassee Preservation Board •`'ems :'';•"•` Historic Tampa/Hillsborough County Division of Library and Information Services � < ='`"" Goa we Preservation Board Division of Licensing RINGLING MUSEUM OF ART MEMBER OF THE FLORIDA CABINET FLORIDA DEPARTMENT OF STATE Katherine Harris Secretary of State DIVISION OF ELECTIONS February 29, 2000 Honorable Danny L. Kolhage Clerk of the Circuit Court Monroe County 500 Whitehead Street Key West, Florida 33040 Attention: Pam Hancock, Deputy Clerk Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your letter of February 25, 2000 and certified copies of Monroe County Ordinance Nos. 08-2000 through 21-2000,which were filed in this office on February 28, 2000. Sincerely, o'er • Liz Cloud, Chief Bureau of Administrative Code LC/mp 0 364,6 •C CO' d Yn 4rat . : C:. • BUREAU OF ADMINISTRATIVE CODE The Elliot Building • 401 South Monroe Street • Tallahassee,Florida 32399-0250 • (850)488-8427 FAX: (850)488-7869 • WWW Address: http://www.dos.state.fl.us • E-Mail: election@mail.dos.state.Jl.us