Loading...
Ordinance 019-20162 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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 48 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: 54 55 1. The proposed amendment is not anticipated to adversely impact the community 56 character of the surrounding area; and 57 58 2. The proposed amendment is consistent with the Goals, Objectives and Policies of the 59 Monroe County Year 2010 Comprehensive Plan; and 60 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 63 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 67 68 5. The proposed amendment is consistent with Part II of Chapter 163, Florida Statute. 69 70 71 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 72 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 73 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. 79 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. 86 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. 91 92 93 2 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121, 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 N 70 c•. C C c� c- C 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 N 0 O UA ui 2 0 Is M LL OU SaNVS as kiNnoo 0 I z --< IN 1 : 1 C14 0 cc 4) rp-.1 E U 4 (n CL O Ln O 00 O m E - a C W E < I, 11 ........... ............ — ...... ........... ............ .......... .................... ..................... ................ .. ................ ...... ...................... . ........ ............ T ...... .... W ............ ............. ........ .. — .... ca .......... .......... ............ : ........ .................... ...... a a .................... — ..... ........... — ... ................ ....... ................ ....... as kiNnoo 0 I z --< IN 1 : 1 C14 0 cc 4) rp-.1 E U 4 (n CL O Ln O 00 O m E - a C W E < I, 11 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