Ordinance 039-20121
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7 ORDINANCE. 039-2012
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9 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
10 COMMISSIONERS AMENDING THE TIER OVERLAY DISTRICT
11 DESIGNATION FROM UNDESIGNATED AND TIER I TO TIER III FOR
12 PROPERTY OWNED BY SEACAMP ASSOCIATION, INC. AND LEGALLY
13 DESCRIBED AS BIG PINE KEY PART OF BAY BOTTOM ADJACENT TO
14 BLOCKS E AND F; BLOCK E, LOTS, 16, 17, 18, 19, 20; AND BLOCK F, LOTS
15 8, 9, 10, 11, AND 12, PINEY POINT SUBDIVISION (PB8-88) WITHIN
16 SECTION 34, TOWNSHIP 66, RANGE 29; HAVING REAL ESTATE
17 NUMBERS 00112030-000000, 00246950-000000, 00246960-000000, 00246970-
18 000000, 00246980-000000, 00246990-000000, 00247140-000000, 00247150-000000,
19 00247160-000000, 00247170-000000, AND 00247180-000000; PROVIDING FOR
20 SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
21 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND
22 PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR
23 AN EFFECTIVE DATE.
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27 WHEREAS, at a regularly scheduled meeting held on the 24 h day of July, 2012, the Monroe
28 County Development Review Committee held a public meeting for the purpose of reviewing the
29 proposed amendment to the Tier Overlay District Map; and
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31 WHEREAS, at a regularly scheduled meeting held on the 29th day of August, 2012, the
32 Monroe County Planning Commission held a public hearing for the purpose of making a
33 recommendation to the Monroe County Board of County Commissioners to amend the Tier
34 Overlay District Map; and
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36 WHEREAS, the Monroe County Planning Commission made the following findings:
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38 1. Seacamp, a not -for -profit organization that provides marine education to children,
39 contacted Monroe County to notify County staff of a tier designation error for a portion of
40 the Seacamp property on Big Pine Key and requested a correction of the error. Seacamp's
41 property is located on approximately 14.98 acres of land located at the extreme southwest
42 tip of the island, at the end of Big Pine Avenue.
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44 2. The Seacamp property consists of 13 Real Estate Numbers: 00246950-000000, 00246960-
45 000000, 00246970-000000, 00246980-000000, 00246990-000000, 00247140-000000,
46 00247150-000000, 00247160-000000, 00247170-000000, 00247180-000000, 00112030-
47 000000, 00112040-000000, and 00247000-000000.
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49 3. Real Estate Number 00247000-000000 is currently designated Tier III and Real Estate
50 Number 00112040-000000 is submerged land. These two parcels are not part of this
51 amendment.
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53 4. Real Estate Number 00112030-000000 contains submerged land and upland with no Tier
54 designation. A portion of Real Estate Number 00247140-0000000 has no Tier designation,
55 with a portion having a Tier I designation. The remaining nine (9) real estate numbers have
56 Tier I designations.
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58 5. The proposed Tier map amendment is necessary due to "3. Data errors, including errors in
59 mapping, vegetative types and natural features described in Volume I of the plan." The
60 Seacamp property does not meet the Tier I criteria specified by Section 130-130(d),
61 Monroe County Code.
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63 WHEREAS, Monroe County Environmental Resources staff confirmed the accuracy of
64 the County's GIS habitat layer for the vegetative communities located on the Seacamp parcels;
65 and
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67 WHEREAS, at a special meeting held on 13th day of February, 2012, the Monroe County
68 Board of County Commissioners held a public hearing and passed a resolution to transmit the
69 associated amendment to the Big Pine and No Name Key Master Livable CommuniKeys Plan
70 to the State Land Planning agency; and
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72 WHEREAS, the proposed Livable CommuniKey Plan amendment to revise Figure 2.1 and
73 Table 2.7 was reviewed by the State Land Planning Agency which issued an Objections,
74 Recommendations, and Comments (ORC) Report on May 4, 2012 with no comments or issues
75 relative to this amendment.
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77 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
78 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
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80 Section 1. The Tier designation on the Tier Overlay District Map for eleven (11) parcels
81 having real estate numbers 00112030-0000, 00246950-000000, 00246960-000000, 00246970-
82 000000, 00246980-000000, 00246990-000000, 00247140-000000, 00247150-000000, 00247160-
83 000000, 00247170-000000, and 00247180-000000 shall be amended from undesignated and Tier I
84 to Tier III as shown on Exhibit 1, attached hereto and incorporated herein.
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86 Section 2. Severability.
87 If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be
88 adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect,
89 impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be
90 confined to the section, paragraph, subdivision, clause, sentence, or provision immediately
91 involved in the controversy in which such judgment or decree shall be rendered.
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Section 3. Conflicting Provisions.
In the case of direct conflict between any provision of this ordinance and a portion or provision of
any appropriate federal, state, or County law, rule code or regulation, the more restrictive shall
apply.
Section 4. Transmittal.
This ordinance shall be transmitted by the Planning and Environmental Resources Department to
the Florida State Land Planning Agency as required by Section 380.05(6) and (11), F.S. and
Section 389.0552(9), F.S.
Section 5. May Depiction.
The changes listed above are shown on Exhibit 1 attached; those changes are to be reflected in the
County's GIS system and as amendments to the Tier Overlay District Maps adopted by Ordinance
028-2005 on October 19,2005 and supersede any other maps.
Section 6. Filing.
This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not
become effective until a notice is issued by the Florida State Land Planning Agency or
Administration Commission approving the ordinance.
Section 7. Effective Date.
This ordinance shall become effective as provided by law and stated above.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting held on the 12th day of December, 2012.
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Mayor George Neugent Yes
Mayorpro tem Heather Carruthers Yes
Commissioner Danny L. Kolhage Yes
Commissioner David Rice Yes
Commissioner Sylvia Murphy Yes
BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA
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134 (SEAL)
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136 ATTEST: Amy Heavilin, CLERK
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139 \ v
140 DEPUTY CLERK
BY Arv, Z./
Mayor George Neugent
MONR C UNTY ATTORNEY
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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:
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-6025
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CLERK OF THE CIRCUIT COURT
MONROE COUNTY
www.clerk-of-the-court.com
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
Dear Ms. Cloud,
January 18, 2013
BRANCH OFFICE:
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
ROTH BUILDING
50 HIGH POINT ROAD
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 853-7440
Via Certified Mail 70121010 0003 4990 5071
Enclosed please find a certified copy of Ordinance 039-2012 by the Monroe County
Board of County Commissioners amending the Tier Overlay District (zoning) Map designation
for property owned by Seacamp, having Real Estate Numbers 00112030-000000,
00246950-000000, 00246960-000000, 00246970-000000, 00246980-000000, 00246990-000000,
00247140-000000, 00247150-000000, 00247160-000000, 00247170-000000, and
00247180-000000 from undesignated and Tier I to Tier III.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting, held in formal session, on December 12, 2012. Please file for the record.
Should you have any questions please feel free to contact me at (305) 295-3130.
Respectfully submitted,
Amy Heavilin
Clerk of the Circuit Court
and ex officio Clerkof the
Board of County Commissioners
by: Pamela G. Hancock, D.C.
cc: Growth Management
County Attorney via e-mail
File
Postage $ 1�—
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Certified Fee (ORetun R Fee Postmark
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(Endorsement = red) jon-j
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Restricted Delivery Fee
(Endorsement Required) p Total Poste &gF.
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administrative Code and Weekly
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FLORIDA DEPARTMENT 0 STATE
RICK SCOTT
Governor
November 8, 2012
Honorable Amy Heavilin
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pamela G. Hancock, Deputy Clerk
Dear Ms. Heavilin:
KEN DETZNER
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter
dated January 18, 2013 and certified copy of Monroe County Ordinance No. 039-2012, which was filed in
this office on January 25, 2013.
Sincerely,
Liz Cloud
Program Administrator
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R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270 • Facsimile: (850) 488-9879
www.dos.state.fl.us