Item Q06
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 15.2009 Division: County Attorney
Bulk Item: Yes XX No - Staff Contact Person: Susan Grimsley #3477
AGENDA ITEM WORDING:
Approval of a resolution removing editorial comment erroneously included in Land Development Code
Section 130-130.
ITEM BACKGROUND:
The tier ordinances were adopted in 2006; and were the subject of an administrative challenge. DCA
Secretary Pelham issued the final order September 26, 2007. Staff codified the final ordinance and
some clarifYing comments were inserted. Section 130-130 ofthe new code inadvertently included one
of those comments in the text.
PREVIOUS RELEVANT BOCC ACTION:
N/A
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: N/A BUDGETED: Yes - No -
COST TO COUNTY: N/A SOURCE OF FUNDS:
REVENUE PRODUCING: Yes - No - AMOUNT PER MONTH Year -
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APPROVED BY: County Atty --L OMB/Purchasing _ Risk Management _ -
DOCUMENTATION: Included XX Not Required_
DISPOSITION: AGENDA ITEM #
Revised 2/05
{,
RESOLUTION NO. - 2009
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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
Mfairs 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 Mfairs;
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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
preceding sentence may not be rele'.'ant since the one acre is not a criteria anymore pursuant 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. l02-l58(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 day of ,2009.
Mayor George Neugent
Mayor pro tern Sylvia Murphy
Commissioner Kim Wigington
Commissioner Heather Carruthers
Commissioner Mario Di Gelll1aro
(SEAL) MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, CLERK
By By
Deputy Clerk Mayor George Neugent
MONROE COUNTY ATTORN~Y
APPROVED AS T RM.~
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4.