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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:~ ~ 0 o )> zn% --c} ..-- -,,,,, S~ f-" :< ,'1:0 ~r-""'" r~ ?~~ C);X ;oC . r ..-i C"'):X:: -< --0> :'1 . C') I r1'l ." r= .." o ." o :;X) :::0 r'1 ("') o ~ o (Ill 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 posta.; t:l o CJ CJ Return Receipt FE (Endorsement Require o Restricted Delivery i;: i ..D (Endorsement Requi!iE: r-=1 r-=1 Certified F e Total postage & FE! :; Sent To .---., "\ 1i' POs~'\ ",. Here, ", en .. ~/ ) )4. \0 o N .. -. . . . 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 ~ Il7 2. Article Number (Transfer from servIce labe/) PS Form 3811 , February 2004 COMPLETE THIS SECTION ON DELIVERY A Signature x 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 o Insured Mail 0 C.O.D. ~ 20,.- 4. Restricted Delivery? (Extra Fee) 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, 6%-~ ..,. 0 i ." _f~ - o )> r- z(");z :lilt rr1 ::vr-z is Q .r'1-< ;{J " ;;~:~ - 0 ('"") A <:) ::c :.nO .... :::0 :,"'~ r C) ::c ::It ,." :< :-I)> - ("') -r'J C') .. C r- ,." U\I ;:0 .. = 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