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Ordinance 012-2020
�t 4a 5 6 7 ORDINANCE NO. 012 -2020 8 9 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY 10 COMMISSIONERS AMENDING E MONROE COUNTY TIER OVERLAY 11 DISTRICT MAP FROM TIER III-A(SPA)TO TIER III,AS REQUESTED BY THE 12 MONROE COUNTY SCHOOL BOARD, FOR A PARCEL OF LAND LEGALLY 13 DESCRIBED AS PART OF LOT I AND PART OF LOT 2 SECTION 36, 14 TOWNSHIP 66S, RANGE 27E, SUGARLOAF KEY, CURRENTLY BEARING 15 PROPERTY IDENTIFICATION NUMBER Qll Q -Q Q s PROVIDING FOR 16 EV I I YI PROVIDING FOR REPEAL OF CONFLICTING 17 PROVISIONS; VI IN FOR TRANSMITTAL TO THE STATE LAN 18 PLANNING AGENCY AND THE SECRETARY OF STATE, PROVIDING FOR 19 AMENDMENT TO THE TIER OVERLAY DISTRICT AP, PROVIDING FOR 20 AN EFFECTIVE DATE. 21 22 23 WHEREAS, the Monroe County Planning and Environmental Resources Department received an 24 application from Monroe County School Board (the "School Board") to amend the Tier Map 25 Overlay designation for property identified as currently bearing Property Identification Number 26 00118050-000000 (the "subject property") be amended from Tier 111-A (SPA)to 'Tier 111; and 27 28 WHEREAS,the subject property is located at 255 Crane Boulevard, Sugarloaf Key-, and 29 39 WHEREAS,the Monroe County Planning Commission considered the proposed amendment at a 31 duly noticed regularly scheduled meeting held on the 291" day of January, 2020, and 32 33 WHEREAS,based upon the information and documentation submitted,the Planning Commission 34 made the following Findings of Pact and Conclusions of Law: 35 36 L Monroe County Land Development Code § 102-158(a) maintains that map amendments 37 (including the land use district maps)are not intended to relieve particular hardships,nor to confer 38 special privileges or rights on any person, nor to permit a change in community character, as 39 analyzed in Monroe County Year 2010 Comprehensive Plans but only to make necessary 40 adjustments in light of changed conditions; and 41 42 2. Pursuant to Monroe County Land Development Code § 102-158(d)(7)( ), the Monroe County 43 Board of County Commissioners may consider the adoption of an ordinance enacting the 44 proposed change based on one(1)or more of the following factors: (1) Changed projections(e.g., 45 regarding public service needs)from those on which the text or boundary was based; (2)Changed 46 assumptions (e.g., regarding demographic trends); (3) Data errors, including errors in mapping, 47 vegetative types, and natural features described in Volume 1 of the Plan; ( ) New issues; (5) 48 Recognition of a need for additional detail or comprehensiveness; (6) Data updates; and (7) 1 of 3 I consistency with the Comprehensive Plan and the Principles for Guiding Development as defined 2 in Section 380.0552, Florida Statutes; 3 4 3. Staff has determined that the proposed Tier map amendment is consistent with Monroe County 5 Land Development Code § 102-158(d)(7)(b)(6) (Data updates); 6 7 4. The proposed map amendment is consistent with the Principles for Guiding Development and 8 not inconsistent with any principle in the Florida Keys Area of Critical State Concern, 9 10 WHEREAS, at a regular meeting held on the 191h day of February, 2020, the Monroe County I I Board of County Commissioners held a public hearing to consider the adoption of the proposed 12 amendment, considered the staff report and provided for public comment and public participation in 13 accordance with the requirements of state law and the procedures adopted for public participation in the 14 planning process; 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 17 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 18 19 Section 1. Recitals and Legislative Intent. The foregoing recitals and statements of legislative 20 intent are true and correct and are hereby incorporated as if fully stated herein. 21 22 Section 2. The subject property currently bearing Property Identification Number 00118050-000000, 23 which is currently designated as Tier III-A, shall be designated Tier III as shown on the 24 attached map,attached as Exhibit"I",which is hereby incorporated by reference as if fully 25 stated herein. 26 27 Section 3. Severability. If any section, subsection, sentence,clause, item,change, or provision of this 28 ordinance is held invalid, the remainder of this ordinance shall not be affected by such 29 validity. 30 31 Section 4. Inconsis ival of Provisions. All 32 ordinances or parts of ordinances in conflict with this ordinance are hereby repeated to the 33 extent of said conflict. 34 35 Section 5. Transmittal. This ordinance shall be transmitted to the State Land Planning Agency as 36 required by Sections 380.05(11) and 380.0552(9), Florida Statutes, 37 38 Section 6. Filing and Effective Date. This ordinance shall be filed in the Office of the Secretary of 39 the State of Florida but shall not become effective until approved by the State Land 40 Planning Agency and, if appealed, until the appeal is resolved pursuant to Chapter 120 of 41 the Florida Statutes. 42 43) 44 45 46 2 of 3 I PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,.at.a 2 regular meeting held on the 19th day of February,2020. Mayor Heather Carruthers,District 3 Yes Mayor Pro Tem Michelle Coldiron,District 2 Yes Craig Cates,District 1 Yes David Rice,District 4 Yes Sylvia J.Murphy,District 5 Yes �c•„in r,, BOARD OF COUNTY COMMISSIONERS ) 31 L� ' g, OF MONROE COUNTY,FLORIDA =a A\ 31 �'`a `\ � ` i ; BY �da�fi,? , 'f� . Mayo ea e ^L (SEAL)���„ MONROE COUNTY ATTORNEY APPROVED AS TO FOR 7. KEKCLERI �` 0-4-DEPUTY CLERK PETER ORRIS 3 ASSISTANT CO NTY ATTORNEY Date: -,C. i rr7 - n CD t=7 3 of DO N1 M2� j 1, z Gi NOSNHOf L w+ __. GH NOSNHOf N N 0 I O ~ N L! C G c N a� Z N cl N K� o � i o O 0� O o H i d' o � G� co F ._ � m O W Q ame 3N"o _ m ti 0 N N E Y � ry 2 O �3 a y d z aap§ eea �:epe €.e•e e.ae The Florida Keys Only Daily Newspaper, Est. 1876 PO Box 1800,Key West FL 33041 P,(305)292-7777 ext.219 F:(305)295-8025 legals@keysnews.com MONROE CO PLANNING DEPT MURRY E NELSON GOVERNMENT CENTER 102050 OVERSEAS HWY KEY LARGO FL 33037 Account: 138694 Ticket: 331486 PUBLISHER'S AFFIDAVIT STATE OF FLORIDA [legal.text] COUNTY OF MONROE Before the undersigned authority personally appeared f.. .- `" t who on oath says that he or she is r of the Key West Citizen, a daily newspaper published in Key West, in Monroe County, Florida;that the attached copy of advertisment, being a legal notice in the matter of was published in said newspaper in the issues of: Sunday, February 2, 2020 Affiant further says that the Key West Citizen is a newspaper published in Key West, in said Monroe County, Florida and that the said newspapers has hereto- fore been continuously published in said Monroe County, Florida every day,and has been entered as periodicals matter at the post office in Key West, in said Monroe County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person,firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publica- tiWio the sajA neyyspape y r (Signature ofAffiant) armerd oi1d su�s7qi�*before me this day of February 2020 t r , tom.'( ( of, ublic Si n77'i' (Notary P blic Printed Name) (Notary Seal) My commission expires t ' -)L/ a Personally Known X Produced Identification_ Type of Identification Produced 1®4 fit ®®a® A11 .a r COMMISSION 22 2 ®, EXPIRES:Jun 7, 2022 <�",,,e,®®® nary "MONROE COUNTY BOARDe, I COMMISSIONERS NOTICE OF PUBLIC MEETING AND NOTICE OF PUBLIC HEARING NOTICE OF CHANGE TO MONROE $, COMPREHENSIVE PLAIN n, NOTICE OF CHANGE TO MONROE COUNTY LAND DEVELOPMENT-CODE w NOTICE OF CHA VGE'`�T'O MONROE 6UNTY, � TIER OVERLAY DISTRICT MAP MA � ; NOTICE IS HEREBY GIVEN that on Wednesday. February 19 2020,the Monroe County Board of.County Commissioners will hold a Public Meeting at the Harvey GovemmeM Center,1200 Truman Avenue,Key West,FL 33040 to review andrecalve public cctnrnttcfor the following items: ��`i ��x r ill � PUBLIC HEARINGS 1:30 FM soon V thereafters miay a be heard): " „, ,i to"I'll xx".,i^' lililil�� AN""ORDINANCE BY THE MO RISE COUNTY BOARD OPT OF COUNTY COMMISSIONERS ADING AMENDMENTS TO THE MONROE'Cf?UNTY LAND DEVELOPMENT CODE TO AMEND SECTION 101-1 TO �CREATA DEFINITION FOR PUBLIC INFRASTRUCTUI3EATSIQ,UTILITIES;TO AMEND THE"DEFINITION OF r PUBLIC BUILDINGS"AND USES; AND<"TO'AMEND THE LIST"OF;PERMITTED AND'CONDITIONAL USES '{ WITHIN;SECTIONS 130-74 THROUGH 130-103 TO INCLUDE PUBLIC INFRASTRUCTURE AND UTILITIES AS'AN.AUTHORIZED USE;PROVIDING FOR SEVERABIUTY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING'FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE;PROVIDING FOR AMENDMENT TO AND INCORPORATION IN THE MONROE COUNTY LAND DEVELOPMENT CODE;PROVIDING FOR AN:EFFECTIVE DATE.(FILE 2019-126) k,, � I O DINANCE BY THE MONROE CallAy BOARD OF COUNT "COMMISSIONERS AMENDING MONROE COUNTY LAND DEVELOPMENT CODE CHAPTER 142, SIGNS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;PROVIDING FOR TRANSMITTAL TO THE STATE LAND"'PLANNINC,AGENCY �6THE SECRETARY CIF W' E,�PROVIDING FOR INCLUSION IN THE MONROE, COUNTY CODE;PROVIDING FOA AN EFFECTIVE DATE.(FIL'E2019-100) AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE V MONROE COUNTY TIER OVERLAY DISTRICT MAP FROM TIER III-A TO TIER III AS REQUESTED BY THE SCHOOL BOARD OF MONROE COUNTY FLORIDA FOR A PARCEL OF LAND,LEGALLY,DESCRIBEQ AS PART OF LOT.1 AND PART OF LOT 2 SECTION 36,.TOWNSHIP 66S,RANGE 27E SUGARLOAF KEY;HAVING REAL , ESTATE NO:00118050 OOOOOQ Id• E C$�MItQN1`AIIIO141tiIlnAS THEFJ1=-a9RLOAFrSCFi00L, DhkTIT;" 255 CRANE SOULEVAR©�{ y OARL` "KEY.(FILE�419-167)(See Map T belo>wr) " AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS UPDATING THE FIVE-YEAR SCHEDULE OF CAPITAL IMPROVEMENTS TABLE FOR FISCAL YEARS 2020-2024,;LOCATED I 1' WITHIN THE CAPITAL IMPROVEMENTS ELEMENTOF THE MONROE COUNTY YEAR 2030 COMPREHENSIVE PLAN,PURSUANT TO FLORIDA STATUTES 1633177(3);PROVIDING.FOR SEVERABILITY; PROVIDING FOR plll 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;PROVIDING FOR AN EFFECTIVE DATE.(FILE 2019-101) 0 Map ll _ - 4er Overlay Q±strna ' - ,rer III-A tc TiCr ibi I,� art`: .s¢ r I I Illlllllllllllllll I�,, I I Coples 4111e aboveare available at the Monroe County Planning Department o ices in Marathon and Itey La[ga. during normal business hours and online at:www.monroecounty-fl.gov ,,,, `"t Pursuant to Section 286 0105 Florida Statutes, if a person decides ka a� J any,deraIonf 3Me Board;.ofh. „w iIion " Pe�to, ;.matter c"Biaerec aYFi`e meeting t! hearing,he or skta udl naerl a` record`bih proFeedings,and that,for such purRose,he dr she may need to insure a verbatim record of,"th "proceedings'is made,which record includes the testimony&evidence'u n which the at is to be based.- ADA ASSISTANCE: If you are a parson with a disability who n is"special.'accommodations in order-to. participate irrt this,proceeding please contact the County/administrator`s Office,by phoning(3,05),292-4441l between the hours of 8;30 a.m.-5:00p.m.,no later than five(5)calendar days prior to the<scheduleid meeting; if you are hearirig,or volcelmpalred call"711," GJt C°UR"° o: Kevin Madok, CPA .. .... Clerk of the Circuit Court& Comptroller— Monroe Count Florida •ROE COUNT. Y1 March 10, 2020 Department of State Administrative Code &Register 500 S Bronough Street Tallahassee FL 32399-0250 To Whom It May Concern, Attached is an electronic copy of Ordinance No.012-2020 amending the Monroe County Tier Overlay district map from Tier 111-A (SPA) to Tier 111, as requested by the Monroe County School Board, for a parcel of land legally described as part of Lot 1 and part of Lot 2 Section 3E, Township 66S, Range 27E, Sugarloaf Key, currently bearing property identification number 00118050-000000; 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 amendment to the Tier Overlay District 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 February 19, 2020. Should you have any questions, please feel free to contact me at(305) 292-3550. Respectfully Submitted, Kevin Madok, CPA, Clerk of the Circuit Court& Comptroller& ex-officio to the Monroe County Board of County Commissioners by:Pamela G. Hancock, D.C. cc: Planning &Environmental County Attorney BOCC File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 � r r FLORIDA DEPARTMENT0 STATE RON DESANTIS LAUREL M. LEE Governor Secretary of State March 10, 2020 Honorable Kevin Madok Clerk of the Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Pam Hancock Dear Mr. Madok: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Monroe County Ordinance No. 012-2020, which was filed in this office on March 10, 2020. 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.ft.us