Ordinance 019-20162
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ORDINANCE"'- 2016
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING THE TIER OVERLAY DISTRICT
DESIGNATION FROM TIER I TO TIER III FOR PROPERTY OWNED
BY LONGSTOCK II, LLC; LEGALLY DESCRIBED AS LOTS 1, 2, 3, 4
AND 5, BLOCK 1; LOTS 1 THROUGH 18 BLOCK 2, SAM -N -JOE
SUBDIVISION PLAT BOOK 3 PAGE 76 OF THE PUBLIC RECORDS OF
MONROE COUNTY FLORIDA AND LOTS 1 THROUGH 9, BLOCK 3,
DARIOS SUBDIVISION PLAT BOOK 3 PAGE 92 OF THE PUBLIC
RECORDS OF MONROE COUNTY FLORIDA.; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE
LAND PLANNING AGENCY AND THE SECRETARY OF STATE;
PROVIDING FOR AN AMENDMENT TO THE TIER OVERLAY
DISTRICT MAP; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Monroe County Development Review Committee considered the proposed
amendment at a regularly scheduled meeting held on the 28 day of July, 2015; and
WHEREAS, at a regularly scheduled meeting held on the 26` day of August, 2015, the
Monroe County Planning Commission held a public hearing for the purpose of considering the
transmittal to the State Land Planning Agency, for review and comment, a proposed amendment
to amend the Tier Overlay District Map; and
WHEREAS, the Monroe County Planning Commission made the following findings:
1. The subject property is located at 201 County Road on Big Pine Key and consists of
scarified developed land containing 130 recognized units.
2. The Habitat Conservation Plan (HCP) and the Livable Communikeys Plan (LCP) provide
the Tier designation criteria for Big Pine Key and No Name Key.
3. The subject parcels consist of developed land with no available habitat for Key Deer and
are outside of established deer corridors.
4. The proposed Tier map amendment is consistent with Section 130- 130(e). 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. The subject property does not meet the
Tier I criteria specified by Section 130- 130(d), Monroe County Code.
a
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49 WHEREAS, at a regular meeting held on the 18th day of May 2016, the Monroe County
50 Board of County Commissioners held a public hearing to consider the adoption of the proposed
51 amendment, considered the staff report and provided for public comment and public participation in
52 accordance with the requirements of state law and the procedures adopted for public participation in
53 the planning process and made the following findings:
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55 1. The proposed amendment is not anticipated to adversely impact the community
56 character of the surrounding area; and
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58 2. The proposed amendment is consistent with the Goals, Objectives and Policies of the
59 Monroe County Year 2010 Comprehensive Plan; and
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61 3. The proposed amendment is consistent with the Livable CommuniKeys Master Plan for
62 Big Pine Key and No Name Key and the Habitat Conservation Plan; and
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64 4. The proposed amendment is consistent with the Principles for Guiding Development
65 for the Florida Keys Area of Critical State Concern, Section 380.0552(7), Florida
66 Statute; and
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68 5. The proposed amendment is consistent with Part II of Chapter 163, Florida Statute.
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71 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
72 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
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74 Section 1.
75 The Tier designation on the Tier Overlay District Map for four (4) parcels having real estate
76 numbers 00300090 - 000000; 00300180 - 000000; 00300590- 000000 & 00300670 - 000000 shall
77 be amended from Tier I to Tier III as shown on Exhibit 1, attached hereto and incorporated
78 herein.
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80 Section 2. Severability.
81 If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be
82 adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect,
83 impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be
84 confined to the section, paragraph, subdivision, clause, sentence, or provision immediately
85 involved in the controversy in which such judgment or decree shall be rendered.
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87 Section 3. Conflicting Provisions.
88 In the case of direct conflict between any provision of this ordinance and a portion or provision
89 of any appropriate federal, state, or County law, rule code or regulation, the more restrictive
90 shall apply.
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121,
BOARD OF COUNTY COMMISSI NERS OF MONROE
COUNTY, FLORIDA
BY It
Mayor Heat,/ Ca ers
HEAVILIN, CLERK
MONROE COUNTY ORNEY
IWBOXED AS ORIiL:
.�
STEVEN T. WILLIAMS
ASS ISTANT C QUyTY ATTORNEY
Section 4. Transmittal.
This ordinance shall be transmitted by the Clerk 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. Filiniz.
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 6. Effective Date.
This ordinance shall become effective as provided by law and stated above.
PASSED AND ADOPTED by the oard of Cqqnty Commissioners of Monroe County, Florida,
at a regular meeting held on the day of , 2016.
Mayor Heather Carruthers Yes
Mayor pro tem George Neugent Yes
Commissioner Danny Kolhage yeG
Commissioner David Rice Yes
Commissioner Sylvia Murphy Yes
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Section 4. Transmittal.
This ordinance shall be transmitted by the Clerk 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. Filiniz.
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 6. Effective Date.
This ordinance shall become effective as provided by law and stated above.
PASSED AND ADOPTED by the oard of Cqqnty Commissioners of Monroe County, Florida,
at a regular meeting held on the day of , 2016.
Mayor Heather Carruthers Yes
Mayor pro tem George Neugent Yes
Commissioner Danny Kolhage yeG
Commissioner David Rice Yes
Commissioner Sylvia Murphy Yes
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AMY NEAVILIN, CPA
CLERK OF CIRCUR COURT 8 COMPTROLLER
ears caum, FLoRIn
July 6, 2016
Mr. Ernest L. Reddick, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399 -0250
Dear Mr. Reddick,
Enclosed please find a certified copy of Ordinance No. 019 -2016. An ordinance by the Monroe County Board of
County Commissioners amending the Tier Overlay District Map designation from Tier I to Tier III for property owned by
Longstock II, LLC, legally described as lots 1, 2, 3, 4 and 5, block 1; lots 1 through 18 block 2, Sam -N -Joe Subdivision Plat
Book 3 Page 76 of the public records of Monroe County Florida and lots 1 through 9, block 3, Darios Subdivision Plat Book
3 Page 92 of the public records of Monroe County Florida; having real estate numbers 00300090 - 000000; 00300180 - 000000;
00300590- 000000 and 00300670 - 000000; providing for severability; providing for the repeal of inconsistent provisions;
providing for the transmittal to the State Land Planning Agency and the Secretary of State; providing for amendment to the
Tier Overlay District map 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 May 18, 2016. Please file for the record. Should you have any questions please feel free to contact me at
(305) 295 -3130.
NM M
and ex officio Clerk of the
Board of County Commissioners
by: Cheryl Robertson, D.C.
cc: County Attorney via e-mail
Growth Management via e-mail
County Administrator via e-mail
BOCC via e-mail
MuniCode via e-mail
File
500 Whitehead Street Suite 101, PO Box 1980, Key West, FL 33040 Phone: 305 - 295 -3130 Fax: 305 - 295 -3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305 - 289 -6027 Fax: 305- 289 -6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax. 305- 852 -7146
RICK SCOTT
Governor
July 7, 2016
Honorable Amy Heavilin
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Ms. Cheryl Robertson, Executive Aide
Dear Ms. Heavilin:
KEN DETZNER
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 019 -2016, which was filed in this office on July 6, 2016.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6270
www.dos.state.fl.us