Resolution 205-2009
RESOLUTION NO. 205 - 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
Affairs 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 Affairs;
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
preeeaing seBtenee may not be rele".~nt siBee the ORe aere is not a eriteria aR-YHlOre plH"sl:laHt 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. 102-158(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 15th day of July ,2009.
Mayor George Neugent
Mayor pro tern Sylvia Murphy
Commissioner Kim Wigington
Commissioner Heather Carruthers
Cbmmissioner Mario Di Gennaro
Yes
Yes
Yes
Ye~
Yes
,. -. ..
(SE~).MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
:~~~ By /;-r~L:4 '!)~5e.<1-
Deputy Clerk Mayor George Neugent
MONROE COUNTY ATTORNEY
APPROVED AS T RM:~
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MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
FAX (305) 295-3663
BRANCH OFFICE:
PLANT A TION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHW A Y
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
BRANCH OFFICE:
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARA THaN, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
www.clerk-of-the-court.com
ROTH BUILDING
50 HIGH POINT ROAD
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 853-7440
August 3, 2009
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
Via Certified Mail 7005 1160 0000 3841 2174
Dear Ms. Cloud,
Enclosed is a certified copy of Ordinance No. 026-2009 approving a request by Peter G.
and Elizabeth C. Giampaoli to amend the Tier Map Overlay designation from Tier I to Tier III of
property legally described as Lot 35, Sugarloaf Key, Monroe County, Florida, having real estate
number 0019360-000100; providing for severability and repeal of inconsistent provisions;
providing for transmittal to the Secretary of State and the Department of Community Affairs; and
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 July 15, 2009. Please file for record. Should you
have any questions please feel free to contact me at (305) 295-3130.
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by: Pamela G. Hancock, D. C.
cc: Via E-Mail to the following:
Growth Management
County Attorney
BOCC
File
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SENDER: COMPLETE THIS SECT/ON
· Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
· Print your name and address on the reverse
so that we can return the card to you. .;}
· Attach this card to the back of the mailpiec~ii!
or on the front if space permits. ;{: :P:t:"
1. Article Addressed to:
Program Administrator ;: ..
Administrative Code and Week y
R.A. Gray Building
500 South Bronaugh Street
"sl!~t,assee. Florida 32399.0250
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2. Article Number
(Transfer from servIce labe/)
PS Form 3811 , February 2004
COMPLETE THIS SECTION ON DELIVERY
A Signature
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B. Received by ( Printed Name)
D Agent
D Addressee
C. Date of Delivery
D. Is delivery address different from item 1? DYes
If YES, enter delivery address below: D No
DEPT. OF STATE
AUG 8 3 1009
Domestic Return Receipt
3. . ~ice Type
[!f Certified Mall 0 Express Mall
o RegIstered 0 Return Receipt for Merchandise
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7005 1160 0000 3841 2167
Dyes
102595-02-M-1540
CHARLIE CRIST
Governor
STATE LIBRARY AND ARCHIVES OF FLORIDA
KURT S. BROWNING
Secretary of State
August 6, 2009
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pamela G. Hancock, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
letter dated July 30, 2009 and certified copies of Monroe County Ordinance Nos. 027-2009 and 205-
2009, which were filed in this office on August 3,2009.
Sincerely,
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Liz Cloud
Program Administrator
LC/srd
DIREcmR'S OFFICE
R.A. Gray Building.. 500 South Bro110ugh Street.. Tallahassee, Florida :\1399-0250
850.245.6600 .. FAX: 850.245.6735 .. TDD: 850.922.4035 .. http://dlis.dos.state.n.lIs
COMMUNITY DEVELOPMENT
850.245.6600 .. FAX: 850.245.6643
~TATE LIBRARY OF FLORIDA
850.245.660'.1 .. FAX: 850.245.6744
ST A TE Ai,CHIVES OF FLORIDA
850.2~S.67tlO .. FAX: 851).488.4894
LEGISLATIVE LIBRp.RY SERVICE
850.483.2812 .. FAX: 850.488.9879
RECORDS MANAGEMENT SERVICES
850.245.6750 . FAX: 850.245.67Q5
ADMINISTRATIVE CODE AND WEEKLY
850.245.6' 70 .. FAX: 850.245.6282
Page 1 of3
Pam Hancock
From:
To:
Sent:
Subject:
<ords@municode.com>
<phancock@monroe-clerk.com>
Tuesday, August 04, 2009 9:49 AM
Acknowledgment of material received
This is a computer generated email, please do not reply to this message.
Municipal Code Corporation
P.O. Box 2235
1700 Capital Circle SW. (32310)
Tallahassee, FL 32316-2235
850-576-3171
Fax: 850-575-8852
i.ofQ.@.m.~ni.G9.q~.'.G.Qm
Monroe County, FL Code of Ordinances - 2008(14298)
Supplement 2
Recorded: 4/23/2009 3:07:24 PM
We have received the following material through Hard Copy/Electronic.
! < TR>
Document Adoption
Ordinance No. 009-2009 4/15/2009
Ordinance No. 010-2009 4/15/2009
Ordinance No. 011-2009 4/15/2009
Ordinance No. 012-2009 5/20/2009
Ordinance No. 013-2009 5/20/2009
Ordinance No. 015-2009 5/20/2009
Ordinance No. 016-2009 5/20/2009
Ordinance No. 014-2009 5/20/2009
Ordinance No. 023-2009 6/17/2009
Ordinance No. 024-2009 6/17/2009
Ordinance No. 008-2009 3/18/2009
Ordinance No. 043-2007 11/14/2007
Resolution of Section 130-130, Tier Overlay District 7/15/2009
Resolution No. 205-2009 7/15/2009
Ordinance No. 027-2009 7/15/2009
***.C._U.~.k.n.b.~.r~. to see the full list of recorded ordinances for the next supplement.***
Or point your browsers at: http://www.municode.com/disposition/dislist.asp?jobid=1 09682
If you are sending the ordinances in electronic form and printed form, we assume
the electronic version of the ordinances reflects the ordinances as adopted. We
do not proofread against the printed version of the ordinance if the printed copy is
submitted. Please contact us if you have questions.
8/4/2009