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Item H6 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 21.2009 Division: Growth Management Bulk Item: Yes.-K... No Department: Staff Contact PersonlPhone #: Susan Grimsley Ext. 2517 AGENDA ITEM WORDING: Approval of a resolution removing a typographical error included in the Land Development Code Section 118-12(0). ITEM BACKGROUND: Section 118-12(0) was the subject of a scrivener's error when adopted as part of the new Code by specifying a particular section referred to as section (m) instead of the "sub- section above" as was stated previously in Chapter 9.5-349(0) which would have been section (n). This resolution corrects the error. PREVIOUS RELEVANT BOCC ACTION: none CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATIONS: Approval TOTAL COST: n/a INDIRECT COST: BUDGETED: Yes _No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNTPERMONTH_ Year APPROVED BY: County Atty ~ OMB/Purchasing _ Risk Management_ DOCUMENTATION: Included x Not Required_ DISPOSITION: AGENDA ITEM # Revised 7/09 RESOLUTION NO. 2009 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CORRECTING A TVPOGRAPIDCAL ERROR IN THE MONROE COUNTY CODE CONCERNING SHORELINE SETBACK REGULATIONS; PROVIDING FOR TRANSMISSION TO THE DEPARTMENT OF COMMUNITY AFFAIRS WHEREAS, the Monroe County Code was re-codified and became effective March 1, 2009; and WHEREAS, Section 118-12(0) of the Monroe County Code was the subject of a scrivener's error when adopted as part of the new Code by specifying a particular section referred to as section (m) instead of the "sub-section above" as was stated previously in Chapter 9.5-349(0) which would have been section (n) ; 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 Affairs; NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: Section 1. Section 118 - 12(0) shall be amended to read as follows: 0) Special approvals. (1) For structures serving commercial uses, public uses, or more than three dwelling units, the director of planning and environmental resources or the planning commission may approve deviations from the requirements of the sub-section above em) of this seetioB as part of a minor or major conditional use permit. Such approval may include additional structures or uses, provided that such approval is consistent with any permitted uses, densities, and intensities of the land use district, furthers the purposes of this section, is consistent with the general standards applicable to all uses, and the proposed structures are located in a disturbed area of an altered shoreline. Such additional uses are limited to waterfront dining areas, pedestrian walkways, public monuments or statues, informational kiosks, fuel or septic facilities, and water-dependent marina uses. Any such development shall make adequate provision for a water quality monitoring program for a period of five years after the completion of the development. * * * * * 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. 1 02-158( 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 Gennaro (SEAL) MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, CLERK By By Deputy Clerk Mayor George Neugent