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Ordinance 015-1984
Commissioner Edwi Swift, III ORDINANCE NO.015-1984 AN ORDINANCE DECLARING A MORATORIUM ON MAJOR DEVELOPMENTS PERMITTED UNDER CHAPTER 6 OF THE CODE OF ORDINANCES OF MONROE COUNTY; CONCERN- ING THOSE MAJOR DEVELOPMENT APPLICATIONS THAT HAVE RECEIVED PRELIMINARY APPROVAL AS PER CHAPTER 6 OF THE MONROE COUNTY CODE OF ORDINANCES AS OF THIS DATE; GIVING REASONS AND THE CAUSE FOR SUCH MORATORIUM; STATING WHY IT IS NEEDED AND NECESSARY; PROVIDING FOR THE LENGTH OF TIME FOR SAID MORATORIUM AND PROVIDING FOR THE STEPS TAKEN TO ALLEVIATE SAID CONDITION; PROVIDING FOR CERTAIN EXCEP- TIONS OF APPLICATIONS WHICH HAVE RECEIVED PRELIMINARY APPROVAL FOR DEVELOPMENT UNDER CHAPTER 6, ARTICLE VII, OF THE MONROE COUNTY CODE; PROVIDING THAT NO APPLICATION WHICH HAS NOT RECEIVED PRELIMINARY APPROVAL SHALL BE PROCESSED AND NO NEW APPLICATIONS FOR MAJOR DEVELOPMENT SHALL BE ACCEPTED; PROVIDING FOR THE SEVERABILITY OF EACH AND EVERY PRO- VISION HEREOF; PROVIDING FOR THE REPEAL OF ANY ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING THAT SAID ORDINANCE SHALL BECOME PART OF THE CODE OF ORDINANCES OF MONROE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE HEREOF; AND PROVIDING FOR THE RATIFICATION OF ANY RESTRICTIONS AND/OR MORATORIUMS HERETOFORE APPROVED. WHEREAS, Monroe County, Florida, a designated area of critical concern under Chapter 380, Florida Statutes, has initiated a comprehensive planning process, including the development of a comprehensive land use map, public services and facility plan, transportation plan and Capital Improvements Program, and WHEREAS, the development of these plan documents is deemed of essential importance for the citizens of the County of Monroe, as well as the State of Florida, and WHEREAS, it is evident that existing and planned development is over -taxing the County's ability to process applications, plan for and provide services for development, and WHEREAS, Monroe County, without additional planning, cannot at this time ensure that adequate capacity exists in its public services and facilities, and WHEREAS, Monroe County, in concert with State Department of Community Affairs, pursuant to Chapter 380, Florida Statutes, and attendant critical area regulations is initiating an extensive public services planning project to include, but not limited to analyses of: water, sewer, fire, police, ambulance, transportation and disaster preparedness services with the expressed purpose of ensuring adequacy of these critical public services to provide for existing and future demands, and WHEREAS, the continued proliferation of major development activity as defined under Chapter 6, Article VII of the Monroe County Code, prior to adoption of a land use map is contrary to the effectiveness of the current planning process, and WHEREAS, the County's planning activities are being under- taken for the express purpose of ensuring the protection of the health, safety and welfare of the present and future people of Monroe County, and to provide for orderly, controlled and well planned growth and development, now, therefore, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that: Section 1. This Ordinance applies to Major Developments as defined in Section 6-222, Article VII, Chapter 6 of the Monroe County, Florida Code and is deemed essential to protect the health, safety and welfare of the people and property of Monroe County, Florida. Section 2. A temporary moratorium is established by this ordinance in Monroe County to suspend the receipt of, processing and approval of Major Developments as defined by Chapter 6, Article VII of the Monroe County Code. Section 3. Except as provided herein this moratorium shall apply to: A. Any new application for Major Development approval as defined in Section 6-222, Article VII, Chapter 6, Monroe County Code. B. Any application pending before the Monroe County Zoning Board that has not received preliminary development approval. C. Any future phases of a Major Development project, which said future phases have not received preliminary approval. Section 4. This moratorium shall not apply to: A. Major Development projects which have been heard and are on appeal from the Monroe County Planning and Zoning Board to the Board of County Commissioners, the Governor and Cabinet sitting 2 as the Florida Land and Water Adjudicatory Commission, or for which a timely appeal has been filed in a court of competent jurisdiction. B. Major Development projects which are also classified as Developments of Regional Impact and which are subject to review by the South Florida Regional Planning Council. C. Major Development projects which are the subject of settlement agreements with the State Department of Community Affairs. D. All applications for rezoning of property which are not deemed to be Major Developments as defined in Chapter 6 of the Monroe County Code. E. Any Major Development application that has received preliminary approval. Section 5. The Board of County Commissioners does hereby ratify and affirm all actions, conditions and restrictions under the moratorium previously approved on October 28, 1983. Section 6. This Moratorium is deemed required to protect the County's planning process and future plan for the potential establishment of large non -conforming developments during the course of formulation of the plans and land use maps. Section 7. That the structuring of a land use map, local comprehensive plan, and capital facilities program for all land within Monroe County, Florida, is essential to the future conservation and development of the County and is declared a first priority. Section 8. The length of the moratorium shall be for one year from October 28, 1983 or until adoption of a Monroe County land use map, comprehensive plan and capital facilities program, whichever occurs earlier. Section 9. If any section, subsection, sentence, clause or provision of this Ordinance is held invalid, the remainder of this Ordinance shall not be affected by such invalidity. 3 Section 10. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. Section 11. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. Section 12. This Ordinance shall take effect immediately upon receipt of official notice from the Office of the Secretary of State of the State of Florida that this Ordinance has been filed with said Office. Section 13. All moratoria and restrictions heretofore imposed by the County Commission are hereby ratified nunc pro tunc. Section 14. A certified copy of this Ordinance, as enacted, shall be filed with the Department of Community Affairs of the State of Florida by the Clerk of the Board of County Commissioners of Monroe County, Florida, as soon as practicable after its enactment. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a special meeting of said Board held on the 30th day of April, A.D. 1984. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By 21, Vice --Mayor Chairman (SEAL) Attest: ADOPTED: April 30, 1984 FILED WITH SECRETARY OF STATE: May 1, 1984 EFFECTIVE DATE: 4 PROOF OF PUBLICATION SERVING THE UPPER KEYS BOX 1197, TAVERNIER, FL. 33070 STATE OF FLORIDA ) COUNTY OF MONROE ) Before the undersigned authority personally appeared DAGNY WOLFF , who on oath, says that he is EDITOR Q PUBLISHER of THE REPORTER, a weekly newspaper published at Tavernier, Monroe County, Florida; that the attached copy of advertisement, being a IFGAL NOTICE NOTICE OF I ADOPTION ::MM IN THE MATTER OF ninTrre n� TaITC�ITTnai Tn rn publicNOTheearrinCE gonMoonday April30 4,at Yy Courhouse Annex; 500 Whitehe Street, 14ey West, in the Court, was published in said the Board of. County Com:nssio of Monroe County, p'' consider the adoption of the followin unty Ordinance: newspaper in the issues of 4-12 & 4-19-84 ORDINANCE NO. -1984 Affiant further says that the said REPORTER is 1 AN- ORDINANCE DElilNG A MORATORIUM, ON MA3Oi newspaper published at Tavernier, in said Monroe Count' ^�"" ^�•� `-� ____ Florida, and that the said newspaper has heretofore be continuously published in the said Monroe County, Flor each week (on Thursday), and has been entered as secon class mail matter at the Post Office in Tavernier, in County of Monroe, Florida, for a period of one year ne preceding the first publication of the attached copy C advertisement; and affiant further says that he has ne paid nor promised any firm, person, or corporation any discount, rebate, commission or refund for the purpose _ W RATIFICATION OF ANY RESTRICTIONS AND/OR MORATORIUMS securing this said advertisement for publication in tl HERETOFORE APPROVED., said newspaper. Pursuant to 8fttiPff2MiQ1Q6, Floirida Statnted, !poface is gigpn thal if a person decided to affew any;dwitloA made -by the Board with r0sPeet to any matter considered at such hearing or ateetft*,' he will wed a tectiH of the proceediap, and that, for such Purpdae, he may need to ensure that a'verbatim record of the Procepdinga, is Guldei which record includes the testimony and ,evidence" upon whichthea istobe,based;' DATED ifX y West, Florida, thia30th day of March A:6.1984. DANNYL.KOLHAGE Clerk of the Circuit Court of Monroe County, Florida, and ex officio Cl f the Hoard of County C of Moo unty ; Published: 4/12 & 4/19/84 The Reporter Tavernier, FL 33070 ,6..& A— 12J,0,11 SEA 25TH SWORN TO AND SUB )Cj8ED BEFORE ME THIS DAY OF APRIL A.C.,19 84 . WYfAW0V19iPI.0I IC STATE OF FLOODq MY COA/M,S:;IO,1 EXPIRES APR 2 1987 1 MY COMMISSION EXPIRES: 40MQED iH,,t l vtiPCC�N�q MWINANCES "OF-,MONROE COUNTY;. DEVELOPMENI'AP'PLICATIONSTIJ TH, APPROVAL AS PER CRAPTER 6 OF THI ORDINANCES .AS -OF THIS DATE; GIVIN FOR SUCH -MORATORIUM; STATING ,NECESSARY;*.PROVIDING FOR THE t A[ORATORI,UM AND PROVIDING FOR THE SAID COJMITION PROVIDING FOR APPLICATIONS. Wairm HARM uFrc:vc AND NO; NEW APPLICAnoNs ACCEPTED;:PROVIDR4G.FOR ',EVERY PROVISION HEREOF ORDINANCES ORTAARTS & I PROVIDW THAT &1lili: ORDE CODE OF V40MANCES OF 6 FOR AN EFFNCTIVP DATE • PROOF OF ,PU ON THE FLORIDA KEYS KEYNOTER Published Weekly MARATHON, MONROE COUNTY, FLORIDA STATE OF FLORIDA ) COUNTY OF MONROE ) r Before the undersigned authority personally appeared Judith E. ProulX , who on oath, says Office Manager that he is of The FLORIDA KEYS KEYNOTER, a weekly newspaper published at Marathon, in Monroe County,, Florida; that the attached copy of advertisement, being a Notice of Intention to Consider Adoption of 'County Ordinance IN THE MATTER OF Moratorium on major developments under Chapter 6 in the Court, was published in said o c April 12 newspaper in the issues of 19 1984 To OF CO NOTICE Affiant further says that the said FLORIDA KEYS KEYNOTER is a newspaper published at Mara- TO WHi hearing 1984, at' thon, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously q Annex, West Mc the'. hoar published in said Monroe County, Florida, each week (on Thursday) and has been entered as second sioners of ida,inte adoption class mail matter at the post office in Marathon, in said Monroe County, Florida, for a period of one Ordinanc ORDI An On year next preceding the first publication of the attached copy of advertisement; and affiant further " omvmenttl Chapter dinance says that he has neither aid nor promised an person, firm or corporation an discount, rebate, com- velopm Y P P YP P Y have r approve mission or refundfor thepurpose of securing this advertisement for publication in -the said newspaper._ I di von, Pursuant to Section 266.0105, giving r' Florida Statutes, notice is given or sucl that, if a person decided to ap- ing _wh, teraconsidered Patc such hea intg or,meglinp, he will need a rec- such (SEAL) v i�`Lf upon whichvthe appealeIs fonbe /%7L+� d. SWORN TO AND SUBSCRIBED'BEFORE ME THIS are at Key West, Florida this 30t6 day of March, A.O 1984. . DAY OF A.D. 19 DANNY L. KOLHAGE ir Clerk of the Circuit Courl _ of Monroe County, Florida and ex officio Clerk of the 41_ w� Board of County Commission- T / i of Monroe County, Florida MY COMM I SS! ON PT I RE'S MAY '31 19.8 ] Publish: April 12,.19, 1984 (Seal) 80NDED THrU C_zNE2. 1ii`<'SU, ANCE UND I Florida Kevs Kevnoter no -ara. sP2Cial publ IC Monday, April 30, rn f in Courtroom B, Runty . Courthouses Whitehead St„ -Keel >e County, Florida, f',; Counfy`Commis-1 5nroe County Flor- "•..to--consider' _thel he followinfl..CountY, ,•NCE N0�1984 , . tnce declantng a n on maior• level= Permitted; Zrider A the Code' of Or - I Monroe'County; those maior-de applications- that ived preliminary s per Chapter b of T County Code of as of this-tdate;.m ons and theicause, ioratorium; star- 1, is neededV-a-i d! Providing -for_1hg rye for said mor'a,- providing for The t to -alleviate said )roviding for cer— Lions of applica- h have received approval for de - under Chapter 6, every provIsic viding for the ordinances or nances in cor n snau De I f ig for the .ach and reof; pro- .al of any s of ordi- herewith; aid ordi- ,e part of 1 nances of Florida; effective Providing of any re- 77- N qT . ) INTF'':,110)71 TO 4 CIt AD0111111r r0 ('(,, (' N T'-' OBDI` ,NCE NOTICE ;S HEREBY GIVEN 'I0 w F;OM IT MAY (' )NCERP;, that at a special Dublic hearing Mondayy April 30, 1984 aI 1U:U6 A.M. in _ Cour- troom B, Mgntde County Courthouse Annex, 500 Whitehead -itreet, Key Aest�lonrve County on a, the Board of County Commissioners of Monroe County, Florida, intends to consider the adoption of the following County Ordinance: ORDINANCE NO. -1984 AN ORDINANCE DECLARING A MORATORIUM ON MAJOR DEVELOP- MENTS PERMITTED UNDER CHAPTER 6 OF THE CODE OF OR- DINANCES OF MONROE COUNTY - CONCERNING THOSE MAJOR DEVELOP- MENT APPLICATIONS THAT HAVE RECEIVED PRELIMINARY AP- PROVAL AS PER CHAPTER 6 OF THE MONROE COUNTY CODE OF ORDINANCES AS OF THIS DATE GIVING REASONS AN6 THE CAUSE FOR SUCH MORATORIUM - STATING WHY iT IS 'DEEDED AND NECESSARY - PROVIDING FdR THE LENGTH OF TIME FOR SAID MORATORIUM AND PROVIDING FOR THE STEPS TAKEN TO ALLEVIATE SAID CONDITION; PROVIDING FOR CERTAIN EXCEPTIONS OF APPLICATIONS WHICH HAVE RECEIVED PRELIMINARY AP- PROVAL FOR DEVELOPMENT UN- DER CHAPTER 6 ARTICLE VII OF THE MONROE COUNTY NG THAT PNOVIDIAP- PLICATION WHICH HAS NOT RECEIVED PRELIMINARY AP- PROVAL SHALL BE PROCESSED AND NO NEW APPLICATIONS FOR MAJOR DEVELOPMENT SHALL BE ACCEPTED - PROVIDING FOR THE SEVERABILITY OF EACH ANDEVERY PROVISION HEROF- PROVIDING FOR TH9 REPEAL OF ANY ORDINANCES OR PARTS OF OR- DINANCES IN CON- FLICT HEREWITH - PROVIDING THAT SAIb ORDINANCE SHALL BECOME PART OF THE CODE OF ORDINANCES OF MONROE COUNTY. RATIFICATION OF ANY RESTRICTIONS AND - OR MORATORIUMS HERETOFORE AP- PROVED. Pursuant to Section 286.0105, Florida Statutes, notice is given that is a person decided to appeal any decision made by the Bord with respect to any matter considered at such hearing or meeting he will need a record of the Proceedings, and that, for such ppurpose, he may need to ensure that a verbatim record of the proceed .,�,,,.,. "made, w1 dIP�T/lies the tesdamy 40d w1dence upon. al is �...;_ DATED at Key West' Florida, this 30th day off' maDAM Y L. OLHAGE Clerk of the Circuit Court of Monroe County, Florida, and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida April 9,16, 1984 PROOF OF -PUBLICATION THE KEY WF'ST r—''TIZZEN Publi i e,! DaiI7 Key West, Mor.rot� County, r1orida 33040 STATE OF FLORIDA) ss. COUNTY OF MONROE) BBeforee� the undersigned authority personaJ?y ap-peared .............. 6NJ .... ; w%o on oa `h says J}� t he is ............. ..........Adof The I,.:; .%;,,st_ �_l en, a daily newspaper published at Key West. in = _,,:-;;•_ ^ulity, Florida; that the attached copy of belug a OF C&VN r`/�q.✓c- in the natter of was ptibltshed in said nevapapar in the i9©tu-s of / /6' /19(f YL Xf.f9_a-(t fv.,-{_' er says that the said. The Kea Hest Citizen is a newspa-PIT "•1 .?,es at Key West, in said Monroe Coioaty, Florida, and that the said has hart.*^ `ore been continuously published in said Monror. Cvv:::t,7, Florida, each -ay except Saturdays) and has been entered as se,.: 0,1 class mlil matter at the post office in Key West, in said Morrow County, F1,>r. n, for a period of one year r. xt pr.eceeding the firs` publicatio., the attached copy of adver fte- nie-;t; and affiant further says t. he has neither paid nor a?r-. person; firm or corporation- -^ri-, liscount, rebate, or r- r3 for tl:o pu*-pose of securing this advertisement for ru�lication ii; '--he said tL�-ugpaper. (SEAT.) Shorn to- -aird subscria_ before. -this. ....L. ,,....►..�... day of .... ..........1. .:. ... ...... ... OF 114E Sr4T y 3 . S f. 4• NC�D W6TP�5 FLORIDA DEPARTMENT OF STATE George Firestone May 3, 1984 Secretary of State Honorable Danny L. Kolhage Clerk of Circuit Court 500 Whitehead Street Key West, Florida 33040 Attention: Rosalie L. Simmons Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge: 1. Receipt of your letter/s of May 1 and certified copy/ies of Monroe County Ordinance/s No./s 84-15 2. Receipt of relative to: (a) which we have numbered County Ordinance/s (b) which we have numbered 3. We have filed . this Ordinance/s in this office this/these on May 3, 1984. 4. The original/duplicate copy/ies showing the filing date being returned for your records. is/are NK/ Enclosure Cordially, (Mr7stf Kavanau h Y g Chief, Bureau of Laws FLORIDA-State of the Arts