Ordinance 037-2012 D
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8 ORDINANCE 037-2012
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11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
12 COMMISSIONERS AMENDING THE TIER OVERLAY DISTRICT
13 DESIGNATION FROM TIER I TO TIER III FOR PROPERTY OWNED BY
14 STEPHEN ROHATY; LEGALLY DESCRIBED AS TRACT A PORPOISE
15 POINT, SECTION TWO, ACCORDING TO THE PLAT THEREOF, AS
16 RECORDED IN PLAT BOOK 5, PAGE 111, OF THE PUBLIC RECORDS OF
17 MONROE COUNTY FLORIDA; HAVING REAL ESTATE NUMBER
18 00154870-000000; PROVIDING FOR SEVERABILITY; PROVIDING FOR
19 REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR
20 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE
21 SECRETARY OF STATE; PROVIDING FOR AN EFFECTIVE DATE.
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23
24
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26 WHEREAS, the Monroe County Development Review Committee considered the proposed
27 amendment at a regularly scheduled meeting held on the 24th day of July, 2012; and
28
29 WHEREAS, at a regularly scheduled meeting held on the 29th day of August, 2011, the
30 Monroe County Planning Commission held a public hearing for the purpose of making a
31 recommendation to the Monroe County Board of County Commissioners to amend the Tier
32 Overlay District Map; and
33
34 WHEREAS,the Monroe County Planning Commission made the following findings:
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36 1. The subject property is located adjacent to U.S. Highway 1 on Big Coppitt Key and
37 consists of wetland plant communities.
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39 2. The Department of Community Affairs issued an Amended Final Order No. DCA 07-GM-
40 166A on January 2, 2008 that included the determination by the Administrative Law Judge
41 (ALJ)that the criteria for Tier I designation does not include wetland habitats.
42
43 3. Real Estate Number 00154870-000000 contains wetlands and is not contiguous with native
44 upland habitat nor is it part of a larger system containing native upland vegetation.
45
46 4. The proposed Tier map amendment is consistent with Section 130-130(e). The tier overlay
47 district map may be amended to reflect existing conditions in an area if warranted because
48 of drafting or data errors or regrowth of hammock. The subject property does not meet the
49 Tier I criteria specified by Section 130-130(d), Monroe County Code; and
50
51 WHEREAS, at a regularly scheduled hearing held on the 17th day of October, 2012, the
52 Monroe County Board of County Commissioners adopted the findings of the Planning
53 Commission; and
54
55 WHEREAS, the parcel legally described as Tract A Porpoise Point, Section Two,
56 according to the Plat thereof, as recorded in Plat Book 5, Page 111, of the Public Records of
57 Monroe County Florida; having real estate 00154870-000000 does not meet the criteria for
58 Tier I designation as provided in Comprehensive Plan Policy 205.1.1.
59
60 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
61 COMMISSIONERS OF MONROE COUNTY,FLORIDA:
62
63 Section 1.
64 The Tier designation on the Tier Overlay District Map for one (1) parcel, legally described as
65 Tract A Porpoise Point, Section Two, according to the Plat thereof, as recorded in Plat Book 5,
66 Page 111, of the Public Records of Monroe County Florida; having real estate 00154870-000000
67 shall be amended from Tier I to Tier III as shown on Exhibit 1, attached hereto and incorporated
68 herein.
69
70 Section 2. Severabilit_y.
71 If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be
72 adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect,
73 impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be
74 confined to the section, paragraph, subdivision, clause, sentence, or provision immediately
75 involved in the controversy in which such judgment or decree shall be rendered.
76
77 Section 3. Conflicting Provisions.
78 In the case of direct conflict between any provision of this ordinance and a portion or provision of
79 any appropriate federal, state, or County law, rule code or regulation, the more restrictive shall
80 apply.
81
82 Section 4.Transmittal.
83 This ordinance shall be transmitted by the Director of Planning and Environmental Resources to
84 the Florida State Land Planning Agency as required by Section 380.05(6) and (11), F.S. and
85 Section 389.0552(9),F.S.
86
87 Section 5.Filing.
88 This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not
89 become effective until a notice is issued by the Florida State Land Planning Agency or
90 Administration Commission approving the ordinance.
91
92 Section 6. Map Depiction. The changes listed above are shown on Exhibit 1 attached; those
93 changes are to be reflected in the County's GIS system and as amendments to the Tier Overlay
94 District Maps adopted by Ordinance 013-2006 on March 21, 2006 and supersede any other maps
95
• 1
96 Section 7. Effective Date.
97 This ordinance shall become effective as provided by law and stated above.
98
99 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
100 at a regular meeting held on the 17th day of October , 2012.
101
102
103 Mayor David Rice Yes
104 Mayor pro tem Kim Wigington Yes
105 Commissioner Heather Carruthers Yes
106 Commissioner George Neugent Yes
107 Commissioner Sylvia Murphy Yes
108
109
110 BOARD OF COUNTY COMMISSIONERS OF MONROE
111 COUNTY, FLORIDA
112
113 ` BY
114 _ Mayor Davi 'ce
115 '\ccj4
116 �
117 ., (SEAL)1 I
118a` '
119 ATTEST:'DANNY L. KOLHAGE, CLERK
120 ^:
121 J )oLL1.
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122 iQ
123 DEPUTY CLERK
124
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',/,- ~---___ Parcel Number: 00154870-000000 L
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Amendments to Tier OverlayDistrict Maps Amendment to Tier Overlay District
Exhibit 1 Changing Parcel from Tier I to Tier III N
TIerIII-Infill'Area
_ _ Meeting Date: 10/17/2012
"._�___.._.. Print Date: 10/2/2012
•
MONROE COUNTY COURTHOUSE \4ycovHty , BRANCH OFFICE:
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500 WHITEHEAD STREET,SUITE 101 U::,°"6° ••
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p� PLANTATION KEY
KEY WEST,FLORIDA 33040 : .640 t " GOVERNMENT CENTER
TEL.(305)294-4641 • i•j i•
r P 88820 OVERSEAS HIGHWAY
FAx(305)295-3663 °z • ,° PLANTATION KEY,FLORIDA 33070
gOF°ouNr• +.'• TEL. (305)852-7145
•
BRANCH OFFICE: FAX(305)852-7146
MARATHON SUB COURTHOUSE .
3117 OVERSEAS HIGHWAY CLERK OF THE CIRCUIT COURT , ROTH BUILDING
MARATHON,FLORIDA 33050 50 HIGH POINT ROAD
TEL. (305)289-6027 MONROE COUNTY PLANTATION KEY,FLORIDA 33070
FAX(305)289-6025 www.clerk-of-the-court.com TEL.(305)852-7145 •
FAx(305)853-7440
October 30, 2012
•
Ms. Liz Cloud, Program Administrator
Administrative Code &Weekly •
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
Via Certified Mail 7012 1010 0003 4990 5712
Dear Ms. Cloud,
Enclosed please find certified copies of Ordinance Nos. 035, 036 & 037-2012 which are
self-explanatory.
These.Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting, held in formal session, on October 17, 2012. Please file for the record. •
Should you have any questions please feel free to contact me at(305) 295-3130. .
.
Respectfully submitted, •
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by: Isabel C. DeSantis, D.C.
cc: MuniCode via e-mail
County Attorney via e-mail
File
i
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