Ordinance 039-1987
Monroe County Commission
ORDINANCE NO. 039 -1987
AN ORDINANCE ADOPTING AND RATIFYING CERTAIN
LAND USE DISTRICT MAP AMENDMENTS ATTACHED AND
INCORPORATED BY REFERENCE INTO THIS ORDI-
NANCE; TRANSMITTING THE AMENDMENTS TO THE
STATE LAND PLANNING AGENCY FOR APPROVAL;
PROVIDING THAT, IF ANY AMENDMENTS ARE
DISAPPROVED BY THAT AGENCY, THAT DISAPPROVAL
SHALL NOT AFFECT THE REMAINING AMENDMENTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, due to the designation contained in Chapter 28-20,
F. A. C., all regulations, including the land use district maps,
contained in Volume 3, Chapter 1 through 15 and appendix "A", are
"land development regulations" as that phrase is defined in F.S.
163 . 3164 ( 22) (1985); and
WHEREAS, Section 13-101(c), Monroe County Land Development
Regulations, provides that the regulations, including the land
use district maps, may be amended or changed in a process com-
mencing six months after the date the the regulations first
became effective; and
WHEREAS, during such process, the Planning Commission,
sitting as the local planning agency, after due notice and public
participation in the hearing process reviewed all proposed land
use district map changes and found such changes consistent with
the Monroe County Comprehensive Land Use Plan and made recommen-
dations concerning such changes to the Board of County Commis-
sioners; and
WHEREAS, during such process, the Board of County Commis-
sioners, after due notice and public participation in the hearing
process, reviewed such recommendations and legislatively acted
thereon;
WHEREAS, F.S. 380.0552(9), 1986, requires that the state
land planning agency approve all proposed land use district map
changes before such changes may become effective; and
WHEREAS, the land use district map change process is now
complete; and
WHEREAS, it is desired that the Board of County Commission-
ers should approve, adopt and transmit the land use district map
changes to the state land planning agency for approval; now,
therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
Section 1.
The Monroe County Board of County Commission-
ers on this 20th day of October, 1987, does hereby adopt and
ratify those land use district map changes, heretofore properly
approved pursuant to general law, which are attached to this
Ordinance, and are incorporated therein and made a part by
reference, and such land use district map changes are hereby
transmitted to the state land planning agency for approval or
disapproval pursuant to F.S. 380.0552(9).
Section 2.
If the state land planning agency shall
disapprove any land use district map change attached hereto, such
disapproval shall in no way affect the validity of any other land
use district map change.
Section 3.
If any section, subsection, sentence, clause
or provision of this Ordinance is held invalid, the remainder of
this Ordinance shall not be affected by such invalidity.
Section 4.
This Ordinance shall take effect immediately
upon receipt of official notice from the Office of the Secretary
of State of the State of Florida that this Ordinance has been
filed with said Office. Except, however, no land use district
map amendment to the Monroe County Land Development Regulations
shall be deemed effective until approved the state land planning
agency.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 20th day of October, A.D. 1987.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Byg~:..:.~
~ !ro-Tem
(SEAL)
Attest : DANNY 1.. KOLHAGE, Clerk
Y2J.~/)/
AP~ 'ED AS TO FORM
L.E' /U. S.U~F!Ci[}i'~C
8Y '""'""'-. e~ - _
Attorney's Office
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on
Tuesday, October 20, 1987 at 3:00 P.M. at the Elk's Club,
Tavernier, Monroe County, Florida, the Board of County
Commissioners of Monroe County, Florida, intends to consider the
adoption of the following County ordinance:
ORDINANCE NO.
-1987
AN ORDINANCE ADOPTING AND RATIFYING CERTAIN
LAND USE DISTRICT MAP AMENDMENTS ATTACHED AND
INCORPORATED BY REFERENCE INTO THIS ORDI-
NANCE; TRANSMITTING THE AMENDMENTS TO THE
STATE LAND PLANNING AGENCY FOR APPROVAL;
PROVIDING THAT, IF ANY AMENDMENTS ARE
DISAPPROVED BY THAT AGENCY, THAT DISAPPROVAL
SHALL NOT AFFECT THE REMAINING AMENDMENTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
Pursuant to Section 286.0105, Florida Statutes, notice is
given that if a person decided to appeal any decision made by the
Board with respect to any matter considered at such hearings or
meetings, he will need a record of the proceedings, and that, for
such purpose, he may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based.
Copies of the above-referenced ordinance are available for
review at the various public libraries in Monroe County, Florida.
DATED at Key West, Florida, this 23rd day of September, A.D.
1987.
DANNY L. KOLHAGE
Clerk of the Circuit Court
of Monroe County, Florida
and ex officio Clerk of the
Board of County Commissioners
of Monroe County, Florida
(SEAL)
PROOF OF PUBLICATION -74
ftos'
VING THE UPRER KEYS
BOX 1197, TAVERNIER, FL . 33070
STATE OF FLORIDA )
COUNTY OF MONROE )
Before the undersigned authority personally appeared DAGNY WOLFF
, who on oath, says that he is EDITOR & PUBLISHER
of THE REPORTER, a weekly newspaper published at Tavernier, Monroe County, Florida;
that the attached copy of advertisement, being a LEGAL NOTICE
IN THE MATTER OF NOTICE OF INTENTION Tr rnN-�TT1ER - - - - -- --
I NOTICE OF INTENTION TO CONSIDER
in the Court, was published in said ADOPTION OF COUNTY ORDINANCE
newspaper in the issues of 10-1 & 10-8- NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN tht on Tuesday,
October 20, 1987 at 3:00 p.m. at the Elk's Club, Tavernier, Monroe County,
Affiant further says that the said REPORTER 18 Florida,the Board of County Commissioners of Monroe County,Florida,intends to
consider the adoption of the following County ordinance:
newspaper published at Tavernier, in said Monroe Cour ORDINANCE'No. -1937
Florida, and that the said newspaper has heretofore t AN ORDINANCE ADOPTING AND RATIFYING CERTAIN LAND USE
f DISTRICT MAP AMENDMENTS:ATTACHED AND INCORPORATED BY
continuously published in the said Monroe County, Fld RATRANSMITTING THE
AMENDMENTSFERENCE TOINTO THETHIS STATEO LANDINANCE PLANNING AGENCY FOR
each week (on Thursday), and has been entered as seed APPROVAL;•PROVIDING THAT, IF ANY. AMENDMENTS ARE
DISAPPROVED BY THAT AGENCY,THAT DISAPPROVAL SHALL NOT
AFFECT THE REMAINING AMENDMENTS;
class mail matter at the Post Office in Tavernier, in EVERABILTY;AND PROVIDING FOR AN EFFECTIVE DATE.ING FOR
County of Monroe, Florida, for a period of one year n' Pursuant to Section 286.0105,Florida Statutes,notice is given that if a person
decided to appeal any decision made by the Board with respect to any matter
preceding the first publication of the attached copy considered at such hearings or meetings,he will need a record of the proceedings,
and that,for such purpose,he may need to ensure tht a verbatim record of the
advertisement; and affiant further says that he has II proceedings is made,which record includes the testimony and evidence upon which
the appeal is to be based.
paid nor promised any firm, person, or corporation an Copies of the above-referenced ordinance areavailable for review at the various
- public libraries in Monroe County,Florida.
discount, rebate, commission or refund for the purpos DATEDatKejWest,Florida,this 23rd day of September,A.D.1987.
�
securing this said. advertisement for publication in t - DANNYL.KOLHAGE Clerk of the Circuit Court
said newspaper. = ofa dexoffico Clerk oftht
- - Board of County Commissioner:
/jf 1 J of Monroe County,Florid/
41,v1-// Gwl Published:10/1&10/8/87
SE 1z7, 7oi. _ - "- I TheReportec -
SWORN TO AND SUB RIBED BEFORE- ME THIS-_
8 T H Tavernier,FL 33070
OCTOBER 87
DAY OF A.D. , 19
NOTARY PUBL-I_C_ - "
I0ii.?•, rl-wl:i!; ''. _-' `LO41C,S'
MY COMMISSION EXPIRES: iY CO!?R1SSl05 . 'Ps. ',19^., .J
.CADED IURU u!"t'At irl . bi'l. , .r:
„PROOF OF PUBLICATION r _
THE FLORIDA KEYS KEYNOTER
Published Weekly
MARATHON, MONROE COUNTY, FLORIDA
1
STATE OF FLORIDA )
COUNTY OF MONROE )
Before'the undersigned authority personally appeared CHAR-F.0TTF, STKORA , who on oath, says
that he is SALES MANAGER• . ..' 'of The FLORIDA KEYS KEYNOTER, a weekly newspaper published at Marathon, in
Monroe County, Florida; that the attached copy of advertisement, being a NOTICE OF ORDINANCE
IN THE MATTER OF MAP AMENDMENTS • in the
Court, was published in said
newspaper in the issues of Sept. 30, Oct. 7, 1987
Affiant further says that the said FLORIDA KEYS KEYNOTER is a newspaper published at Mara-
thon, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously
NOTICE OF
INTENTION TO
published in said Monroe County, Florida,.each week (on Thursday)and has been entered as second OFOCOUNTY ORDINANCE
NOTICE IS HEREBY GIVEN
class mail matter at the post office in Marathon, in said Monroe County, Florida, for a period of one thaat�on�Tuesday, CONCERN
ctobe E 20
1987 at 3:00 P.M. at the Elk's
{ Club Tavernier Monroe Coun-
year next preceding the first publication of the attached copy of advertisement; and affiant further Commissioners Tavernier,
°fMo roe
County, Florida, intends to con-
sidersa s that he has neitherpaid norpromised anyI ounty ordinance:the follow-
Y person,firm,or corporation any discount, rebate, com-
ORDINANCE NO.-1987
mission or refund for the purpose of securing this advertisement for publication in the said newspaper. AN ORDINANCE ADOPTING
AND RATIFYING CERTAIN
LAND USE DISTRICT MAP
AMENDMENTS ATTACHED
AND INCORPORATED BY
REFERENCE INTO THIS OR-
•
• DINANCE' TRANSMITTING
THE AMENDMENTS TO THE
STATE LAND PLANNING
/ / AGENCY FOR APPROVAL
(SEAL) � � n /�f'�GC/ I PROVIDING THAT IF ANY
-
AMENDMENTS ARE DISAP-
PROVED BY THAT AGENCY,
THAT..r_.,2_=./...i_ ' ' DISAPPROVAL SHALL
NOT AFFECT THE REMAIN-
ING AMENDMENTS; PRO-
SWORN TO AND UBSC IB D BEFORE ME THIS VIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EF-
DAY OF� f i FECTIVE DATE.
A.D�9 Pursuant to Section 286.0105,
' i Florida Statutes, notice is given
that if a person decided to ap-
peal any decision made by the
_ _ IBoard with respect to any mat-
, �!— _ ter considered at such hearings .
` - - or meetings,he will need a rec-
i �r�OT/i4Y PUBLIC STATE OF FLORIDAor for of the proceedings,and that
for such purpose, he.may need
_• —ilY COgi1TSSI011 El(P'� AUG 26;1990 to ensure that aa verbatim record
_ of the proceedings is made,
.`-'MIGO:Mal GENERAL INS. UND. which record Includes the teatt-
the a end evidence upon which
- - the appeal Is Io be based.
u
Copies of the above-referenced
- - ordinance are available for re-
_ - view ato
the avr{ous ty.Fl II-
' • braries fn Monrce County,Flori-
DATED al Kev West, Florida,
this 23rd day of September,A.D.
1987. DANNY L.KOLHAGE
•
Clerk of the Circuit Court
of Monroe County,Florida
en ex officio Clerk of the
Board County Commissioners
o(Monroe County Florida
• `' - Publish:5ept.30,OCt.7,1987
Florida Keys Keynoter
THE KEY WEST CITIZEN
Published Daily
Key West, Monroe County, Florida 33040
•
STATE OF FLORIDA)
ss.
COUNTY OF MONROE)
Before the undersiged authority personally appeared
R.E.Harrison , who. on oath says that he is
Advertising Mamger of the Key West Citizen, a daily news—
paper published at Key West in Monroe County, Florida; that, the
attached copy of advertisement, being a — .
NOTICE OF INTENTION'
TO CONSIDER ADOPTION
OF COUNTY ORDINANCE
•
.iiGtL *NOTICE NOTICE IS HEREBY GIVEN TO.
• WHOM IT MAY CONCERN that on
• Tuesday, October 20, 1987 at 3:00'
In the matter of p.m. at the Elk's Club, Tavernier,.
Monroe County, Florida, the Board
. of County ••Commissioner's of
a u Monroe County, Florida, intends to
--B ! consider the adoption of the`'/\Jfollowing County ordinance:
AN ORDINANCE ADOPTING AND
( RATIFYING CERTAIN LAND USE;
DISTRICT MAP AMENDMENTS
ATTACHED AND IN-
CORPORATED BY REFERENCE'
INTO THIS ORDINANCE;
TRANSMITTING THE AMEND-
was published in said newspaper in the
issues of MENTS TO THE STATE LAND
C, �r— 1 I PLANNING AGENCY. FORH AP=i
�� O)` l PROVAL; PROVIDIKG THAT, IF,
I ANY AMENDMENTS ARE
DISAPPROVED BY THAT
AGENCY; THAT DISAPPROVAL-,
Affiant further says that the said The Key WE SHALL NOT AFFECT THE.
a newspaper published at Key West, in said Monroe REMAINING AMENDMENTS; ;
and that the said newspaper has heretofore been Cd SEVERABnILITY; AND'
lished in said Monroe County, Florida, each day (E PROVIDING FOR AN EFFE"CTIVE
i DATE. �
and has been entered as second class mail matter c Pursuant to Section 286.0105,1
in KeyWest, in said Monroe County, Florida, for i? Florida Statutes,notice is given that''
.if a person decided to appeal any
year next preceeding the first publication of. the decision made by the Board with
of advertisement; and affiant further says that hE che suhear ngs oratmeet nrgsaheew II
nor promised any person, firm or corporation any la, need a record of the proceedings,
commission or refund for the purpose of securing .. needthto, ensure hthpatpas%ehre tim
for publication in the said newspaper.! record of the proceedings is made, -,
which record includes the testimony ,
1:/i'0`1 o,,1;;1,IC 55a" '5 I.I-p`;?"`' and evidence upon which the appeal
'Al c,;;1?Ts:o', KO ;;;i.' 'r.7 ,c•9: 2 is to be based.
''—'-D 1'ird CIL LFAL il:s. b'�I,I., , Copies of the above-referenced ,
• ordinanS€_Tne_available for review_
(SEAL-) at the various public libraries in
Monroe County,Florida.
DATED at Key West, Florida,this
SWORN AND. SUBSCRIBED fore me this f day of 23rd day of September,A.D.1987.
DANNYLKOLHAGE '
/13,e Clerk of the Circuit Court
COMMISSION of Monroe County,Florida.:
OTA
UBLI and ex officio Clerk of the
• Board of County Commissioners
of Monroe County,Florida
Sept.26,Oct,5,1987 I
i
i . •SENDER: Complete items 1,2,3 and 4.
— --- - -- 1 g Put your address in the"RETURN TO"space on the
I 2 reverse side.Failure to do this will prevent this card from
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:2 you the name of the person delivered to and the date of
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(See Reverse) I § 1. Show to whom,date and address of delivery.
QSent to
$ Department of State t, 2. El Restricted Delivery.
in S1Iete. aa pltOl I 3. Article Addressed to:
Ci ri7 l Et
P.O..State and ZIP Code I Mrs. Liz Cloud, Chief
C) Tallahassee, Fl. 32301 Bureau of Administrative Code
j Postage SV-)..,., Department of State
r— The Capitorl
Certified Fe? 1 Tal l ahacGPp, Fl 32301
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:iL
f.
<[
t
BRANCH OFFICE .
3117 OVERSEAS HIGHWAY i
MARATHON. FLORIDA 33050:
TEL. (305) 743-9036
I
I
mannp 14. lKolbage
I
CLERK OF THE, CIRCUIT OURT
MONROt COUNTY
500 WHITEHEAD STRE T
KEY WEST, FLORIDA 33 40
TEL. (30~) 294-4641
I
Octoberi 26, 19 7
BRANCH OFFICE
P.O, BOX 379
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-9253
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
i
I
Mrs. Liz qloUd, Chief I
Bureau of !;Administrative Code I an~ La: s
Department of State
The Capitol
Tallahassee, Florida 32301
Dear Mrs. !Cloud:
I i
! .
~nclosed please find a cert'fied copy of Ordinance
No. 039-1.87 adopting and rat~fying ertain Land Use
District p Amendments attached and; incorporated by
reference into this Ordinancet trans itting the Amendments
to the St te Land Planning Ag~ncy fo approval; providing
that, if ny Amendments are disappro ed by that Agency, that
disapprovaI,1 shall not affect the re ! ining Amendments; etc.
I
~his Ordinance was adopted ~y the Monroe County
Board of ~ounty commissioners I at a R gular Meeting in formal
session on October 20, 1987.
~lease file for recotd. I
I
Very tr~lY yours,
~anny L.I Kolhage
C...lerk o~, the Circuit Court and
~x offi io Clerk to the Board
of Couny Commissioners
<:
cc: Commissioner E. Lytton
County, Attorney
County: Administrator
Planni~j Director - 3
File V
(>-5',?J 0 ~ 5' I '6
I
I
I
, j
FLORIDA DEPARTMENT OF Sf ATE
Jim Smith
Secretary of Stale
Dorothy W. Joyce
Division Director
October 29, 1987
Honorable Danny L. Kolhage
Clerk of the Circuit Court
& Ex-Officio Clerk to the BCC
Monroe County Courthouse
500 Whitehead St.
Key West, Florida 33040
,
Attention: Rosalie L. Connolly, Deputy Clerk
Dear Mr. KolhageC
Pursuant to the provisions of Section 125.66, Florida
Statutes, this will acknowledge:
1. Receipt of letter/s of October 26. 1987
and certified copy/ies of Monroe
County Ordinance(s) #87-38, #87-39 and #87-40
2. Receipt of
relative to:
County Ordinance(s)
(a)
which we have numbered
(b)
which we have numbered
3. We have filed tn~~/these ordinances in this office
on October 29, 1987.
4. The original/duplicate copy/ies showing the filing date
is/are being returned for your records.
,
SinCe~elY'~
L~. Chief
Bureau of Administrative Code
LC / In b
DIVISION OF ELEctiONS, RdPIft(-()80 " The capItol, Tailahassee, Florida 32301
.,~~) 4&8~1f590