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Item Q06 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 15.2009 Division: County Attorney Bulk Item: Yes XX No - Staff Contact Person: Susan Grimsley #3477 AGENDA ITEM WORDING: Approval of a resolution removing editorial comment erroneously included in Land Development Code Section 130-130. ITEM BACKGROUND: The tier ordinances were adopted in 2006; and were the subject of an administrative challenge. DCA Secretary Pelham issued the final order September 26, 2007. Staff codified the final ordinance and some clarifYing comments were inserted. Section 130-130 ofthe new code inadvertently included one of those comments in the text. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A BUDGETED: Yes - No - COST TO COUNTY: N/A SOURCE OF FUNDS: REVENUE PRODUCING: Yes - No - AMOUNT PER MONTH Year - - APPROVED BY: County Atty --L OMB/Purchasing _ Risk Management _ - DOCUMENTATION: Included XX Not Required_ DISPOSITION: AGENDA ITEM # Revised 2/05 {, RESOLUTION NO. - 2009 - A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CORRECTING A TYPOGRAPHICAL ERROR IN THE MONROE COUNTY CODE WHICH INCLUDED COMMENT ON SECTION 130-130 OF THE TIER ORDINANCES WHICH WAS NOT IN TEXT OF ORDINANCE; PROVIDING FOR TRANSMISSION TO THE DEPARTMENT OF COMMUNITY AFFAIRS WHEREAS, Ordinance 10-2006 was passed March 15, 2006, to provide criteria for the Tier System boundaries as one of four ordinances implementing the Tier System; and WHEREAS, the tier ordinances became the subject of a legal challenge that was not resolved until an Amended Final Order was issued by the Secretary of the Department of Community Mfairs in September 2007; and WHEREAS, the Monroe County Code was undergoing revision at that time, during which no supplements were issued, necessitating codification by staff in 'order to use the ordinances which made references to other code sections; and WHEREAS, the text of the tier ordinances was provided to Municipal Code Corporation in a format already organized by staff for inclusion in the new version of the code; and WHEREAS, the typed text submitted to Municipal Code Corporation inadvertently included notes based on the fmal order of the Secretary of the Department of Community Affairs issued on September 26, 2007; and WHEREAS, the notes were never a part of the ordinance as written or included by order of the Department of Community Affairs and were typed into the code in error; and WHEREAS, Section 102-158 of the Monroe County Code allows amendments to the text of the Land Development Code to correct typographical or drafting errors to be adopted by the Board without posted notice or public hearing as long as a copy is sent to the Department of Community Mfairs; - NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: Section 1. The stricken text in Section 130-130 shall be omitted from the Code. Sec. 130-130. Tier overlay district. * * * * * (e) Tier overlay district map amendments. The tier overlay district map may be amended to reflect existing conditions in an area if warranted because of drafting or data errors or regrowth of hammock. However, the clearing of tropical hardwood hammock or pinelands that results in the reduction of the"area of an upland native habitat patch to less than the one-acre minimum shall not constitute sufficient grounds for amending the designation of a tier III-A area to tier III. +he preceding sentence may not be rele'.'ant since the one acre is not a criteria anymore pursuant to final order. The tier overlay district map amendments shall be made pursuant to the procedures for map amendments to this chapter. Unlawful conditions shall not be recognized when determining existing conditions and regulatory requirements. * * * * * Section 2. This resolution shall be transmitted by the Planning and Environmental Resources Department to the Florida Department of Community Affairs as required for typographical errors pursuant to Monroe County Code Sec. l02-l58(e) and to the Municipal Code Corporation. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the day of ,2009. Mayor George Neugent Mayor pro tern Sylvia Murphy Commissioner Kim Wigington Commissioner Heather Carruthers Commissioner Mario Di Gelll1aro (SEAL) MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, CLERK By By Deputy Clerk Mayor George Neugent MONROE COUNTY ATTORN~Y APPROVED AS T RM.~ - - 4.