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Ordinance 055-1987 Planning Commission ORDINANCE NO 055 -1987 AN ORDINANCE AMENDING ORDINANCE NO. 039-1986 IN ORDER TO PROVIDE THAT AN APPLICATION FOR ALCOHOLIC BEVERAGE APPROVAL DENIED FOR FAILURE TO MEET THE SUBSTANTIVE REQUIREMENTS OF ORDINANCE NO. 039-1986 MAY NOT BE CON- SIDERED AGAIN FOR TWO YEARS ABSENT A FINDING BY A SUPERMAJORITY OF THE PLANNING COMMISSION THAT THE ORIGINAL DECISION WAS BASED ON A MATERIAL MISTAKE OF FACT OR THAT CHANGED CIRCUMSTANCES OR NEW FACTS JUSTIFY AN EARLIER REHEARING AND PROVIDING A LIMITED EXCEPTION FOR SHOPPING CENTERS; PROVIDING THAT NOTICE BE PROVIDED TO ALL PROPERTY OWNERS WITHIN FIVE HUNDRED FEET OF THE PERIMETER OF SHOP- PING CENTERS WHEN A RETAIL USE THEREIN SEEKS ALCOHOLIC BEVERAGE APPROVAL; PROVIDING A DEFINITION OF SHOPPING CENTER; PROVIDING THAT THE EFFECT ON PROPERTY WITHIN FIVE HUNDRED FEET OF THE PERIMETER OF THE SHOPPING CENTER WITHIN WHICH A RETAIL USE SEEKS ALCOHOLIC BEVERAGE APPROVAL BE CONSIDERED; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Ordinance No. 039-1986, as codified as Sec. 19-218, Monroe County Code, is hereby amended by the addition of paragraph (j) to read as follows: (j) Successive Applications. Whenever any application for alcoholic beverage approval is denied for failure to meet the substantive requirements of this ordinance, an application for alcoholic beverage approval for all or a portion of the same property shall not be considered for a period of two years unless a supermajority of the Planning Commission decides that the original decision was based on a material mistake of fact or that there exists changed conditions and new facts, not existing at the time of the original decision, which would justify entertain- ing a new application before the expiration of the two year period. However, in the case of a shopping center, as defined in Sec. (d) (3) (a) of this ordinance, this section shall only apply to the commercial retail unit within the shopping center for which approval was sought and not the entire shopping center site itself. Section 2. Section 19-218 (d)(3), Monroe County Code, is hereby amended to read as follows: (3) Notice of the application and of the public hearing thereon shall be mailed by the Director of Planning to all owners of real property within a radius of five hundred (500) feet of the affected premises. In the case of a shopping center, the five hundred (500) feet shall be measured from the perimeter of the entire shopping center itself rather than from the individual unit for which approval is sought. Notice shall also be provided in a newspaper of general circulation in the manner prescribed in Section 5-105, Monroe County Land Development Regulations. (a) For the purposes of this ordinance, a shop- ping center shall mean a contiguous group of individual units, in any combination, devoted to commercial retail low intensity uses, commercial retail medium intensity uses, commercial retail high intensity uses, and office uses, as those phrases are defined in Sec. 3-101, Monroe County Land Development Regulations, with immediate off-street parking facilities, and originally planned and developed as a single project. The shopping center's single project status shall not be affected by the nature of the owner- ship of any of the individual office or commercial retail units, within the shopping center. Section 3. Section 19-218 (e)(l), Monroe County Code, is hereby amended to read as follows: (1) The effect of such use upon surrounding properties and the immediate neighborhood as represented by property owners within five hundred (500) feet of the premises. For the purposes of this section, premises shall mean the entire project site of a shopping center. 2 Section 4. 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 5. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. Section 6. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. Section 7. 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. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15th day of December , A.D., 1987. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA n.<,~ 4 Cu:-J ' 1)0 .", 6/ Mayor/Chairman By (SEAL) Attest: DANNY 1.. KOLHAGE, Clerk APP::{(N,:D /15 ro Fa,e!'/! ~-elQ.JJ.A. ~tov..JlA-- CfJrk Al\JD LEG/~/, - . /'/; .;.' .;- ...~,;' / RY./:---------:;.. l:t:".-;_~'n~;r.r' (!;-;ir;f~ ADOPTED: I .9- IS - <Z'(' FILED WITH SECRETARY OF STATE: _lr2 - ;< 2, -- 'i'l , EFFECTIVE DATE: 3 NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Tuesday, December 15, 1987 at 3:00 P.M. at Key Colony Beach City Hall, Key Colony Beach, 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 AMENDING ORDINANCE NO. 039-1986 IN ORDER TO PROVIDE THAT AN APPLICATION FOR ALCOHOLIC BEVERAGE APPROVAL DENIED FOR FAILURE TO MEET THE SUBSTANTIVE REQUIREMENTS OF ORDINANCE NO. 039-1986 MAY NOT BE CON- SIDERED AGAIN FOR TWO YEARS ABSENT A FINDING BY A SUPERMAJORITY OF THE PLANNING COMMISSION THAT THE ORIGINAL DECISION WAS BASED ON A MATERIAL MISTAKE OF FACT OR THAT CHANGED CIRCUMSTANCES OR NEW FACTS JUSTIFY AN EARLIER REHEARING AND PROVIDING A LIMITED EXCEPTION FOR SHOPPING CENTERS; PROVIDING THAT NOTICE BE PROVIDED TO ALL PROPERTY OWNERS WITHIN FIVE HUNDRED FEET OF THE PERIMETER OF SHOP- PING CENTERS WHEN A RETAIL USE THEREIN SEEKS ALCOHOLIC BEVERAGE APPROVAL; PROVIDING A DEFINITION OF SHOPPING CENTER; PROVIDING THAT THE EFFECT ON PROPERTY WITHIN FIVE HUNDRED FEET OF THE PERIMETER OF THE SHOPPING CENTER WITHIN WHICH A RETAIL USE SEEKS ALCOHOLIC BEVERAGE APPROVAL BE CONSIDERED; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; 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 November, A.D. 1987. DMTNY 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 STATE OF FLORIDA BOX 1197~ TAVERNIER~ FL. 33070 COUNTY OF'MONROE Before the undersigned auth"ri ty 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 Court, was published in said newspaper in the issues of 12- 3 & 10-87 Affiant further says that the said REPORTER is a newspaper published at Tavernier, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in the said Monroe County, Florida, each week (on Thursday), and has been entered as second class mail matter at the Post Office in Tavernier, in said County of Monroe, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any firm, person, or corporation any discount, rebate, commission or refund for the purpose of securing this said advertisement for publication in the said newspaper. ~::JAN~~ED BEFORE ME THIS ~ DECEt'1BER DAY OF.... ~~ ... _~_. ~--l:/ ~? ~~. c:;;. . . /1 ~.__.-'../. U7f// ~~ .__./ NOTARY PUBL: C _..- ...., =. \. NOTICE OF INTENTION TO CONSIDER IN THE MATTER OF MY COMMISSION EXPII~~lel'nl rr OHT" e'F FLGlilQf. 'MIl ('iL~;H: ;)'IN EXP. ;~Pk. 2~199l >: Y~;-j)\L n;~, tIN~I~ . NOTICE OF INTENTION TO CONSIDER 1 ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on I Tuesday,December 15,1987 at 3:00 p.m.at Key Colony Beach City Hall,Key 1. Colony Beach,Monroe County,Florida,the Board of County Commissioners of Monroe County,Florida,intends to consider the adoption of the following County ordinance: -r ORDINANCE NO. -1987 AN ORDINANCE AMENDING ORDINANCE NO. 039.1986 IN ORDER TO - PROVIDE THAT AN APPLICATION FOR ALCOHOLIC BEVERAGE APPROVAL DENIED FOR FAILURE•TO MEET THE SUBSTANTIVE REQUIREMENTS OF ORDINANCE NO. 039-1986 MAY NOT BE CONSIDERED AGAIN FOR TWO YEARS ABSENT A FINDING BY A ; i ' SUPERMAJORITY OF THE PLANNING COMMISSION THAT THE ORIGINAL DECISION WAS BASED ON A MATERIAL MISTAKE OF FACT ' OR THAT CHANGED CIRCUMSTANCES OR NEW FACTS JUSTIFY AN EARLIER REHEARING AND PROVIDING A LIMITED EXCEPTION FOR 1 SHOPPING CENTERS;PROVIDING THAT NOTICE BE PROVIDED TO ALL t. , • PROPERTY OWNERS WITHIN FIVE HUNDRED FEET OF THE PERIMETER OF SHOPPING CENTERS WHEN A RETAIL USE THEREIN SEEKS ALCOHOLIC BEVERAGE APPROVAL;PROVIDING A DEFINITION OF SHOPPING CENTER;PROVIDING THAT THE EFFECT ON PROPERTY WITHIN FIVE HUNDRED FEET OF THE PERIMETER 0,THE SHOPPING \ i CENTER WITHIN WHICH A RETAIL USE SEEKS ALCOHOLIC • BEVERAGE APPROVAL BE CONSIDERED; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO 1. THE MONROE COUNTY CODE OF ORDINANCES;AND\ROVIDING 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, if and that,for such purpose;he may need to ensure that a verbatim record of the • i f 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 November,A.D.1987. . DANNYL.KOLHAGE ' • Clerk of the Circuit Court •of Monroe County,Florida and ex officio Clerk of the Board of County Commissioners of Monroe County,Florida I Published:12/3&12/10/87 • •" • The Reporter - Tavernier,FL 33070 __ - -- -_ — �L - v 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.Iiarrison , who on oath says that he is Advertising Manger of the Key West Citizen, a daily news- paper published at Key West in Monroe County, Florida; that t} -zi- _1 NOTICE OF INTENTION attached copy of advertisement, being a TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on i G",L ?`:CTI : , Tuesday, December 15, 1987 at 3:00 P.M.at Key Colony Beach City Hall, Key Colony"Beach, Monroe County, Florida, the Board of County Com- ity the matter of missioners of Monroe County, 60 O Florida, intends to consider the �12PIJ.� Jy c � � lll1JJ��catty) / 0 Y CoAC f L adoption of the following Ct7to % I I " AN ORDINNANCE AMENDING l „ nCO*. O f(OVQQ,P j�� a ORDINANCE . V 039-1986 IN �(J�w CO ORDER T PROVIDE THAT AN APPLICATION' FOR ALCOHOLIC f BEVERAGE APPROVAL DENIED FOR FAILURE TO MEET THE SUBSTANTIVE REQUIREMENTS OF ORDINANCE NO.039-1986 MAY was published in said newspaper in the issues t NOT BE CONSIDERED AGAIN FOR TWO YEARS ABSENT A FIN- �1 J� Cyr Pao BY A UPE THE PLANNING OM I SS ON FIN- mot) J ��-'1/` �! THAT THE ORIGINAL DECISION WAS BASED ON A MATERIAL Affiant further says that the said The Ke, MISTAKE OF FACT OR, THAT CHANGED CIRCUMSTANCES OR a newspaper published at Key West, in said Moni- NEW FACTS JUSTIFY AN and that the said newspaper has heretofore beei EARLIER REHEARING AND : lished in said Monroe County, Florida, each dad PROVIDING A LIMITED NTEEP- T10N FOR SHOPPING CENTERS; and has been entered as second class mail matt PROVIDING THAT" NOTICE BE PROVIDED TO ALL PROPERTY in Key West, in said Monroe County, Florida, fe gW ERS wITHIN FIVE HUN year next preceeding the first publication of DRED FEET ,o$F,� n-k PERIMETER OF �S�FIOP�P.�I�NG;- of advertisement; and affiant further says that-"OENTERS WHEN, A RET�AILiUSE' nor promised any person, firm or corporation an; THEREIN- SEEKS. �CP=RO=�. commission or refund for the purppse of securin VEDING A DEFIN T ONAOF SHOP- for publication in the said newspaper. i PING CENTER; PROVIDING. r- INY GOt1NISSION EXPl JUO Y 27oR a91 V i A A . ��`- �FNERAL INS. UND. f /� (�C BONDED MU "• J (SEAL) SWORN AND SUBSCRIBED fore me this 9 .day of -/ 19 .. I COMMISSION EXPIRES : OTA P BLIC PROOF OF PUBLICATI_ _ • THE FLORIDA KEYS KEYNOTER • Published Weekly MARATHON, MONROE COUNTY, FLORIDA • STATE OF FLORIDA COUNTY OF MONROE ) ed authorityCHARLOTTE SIKORA Before the undersigned personally appeared , 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 INTENTION IN THE MATTER OF _Adoption of C-ounty Ord n- ance CNo-03-9-1-98-6- - - -- in the Court, was published in said newspaper in the issues of Dec 2 9 1 987 Affiant further says that the said FLORIDA KEYS KEYNOTER is a newspaper published at Mara- NOTICE OFINTENTION To CONSIDER ADOPTION OF'.- thon, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously COUNTY ORDINANCE • I TO WHOM IT HEREBY AY CONCERN'' published in said Monroe County, Florida, each week (on Thursday)and has been entered as second that on Tuesday, 00 P M.at Key Colony Beach.City Hall, Key Colony; , Beach,Monroe County,Florida„ class mail matter at the post office in Marathon, in said Monroe County, Florida, foraperiod of one the Board of County Commis-; sinners of Monroe County,Flori- da,intends to consider the adop- tion of the following County ordi- year next preceding the first publication of the attached copy of advertisement; and affiant further nonce: ORDINANCE NO-1987 , says that he has neither paid nor promised any person,firm,or corporation any discount, rebate, corn- dinance No o3amending 16In rder . to provide that an application mission or refund for the purpose of securing this advertisement for publication in the said newspaper. for denied beverage to , meet the substantive re- quirements of Ordinance No. 039-1986 may not be consid • - ered again for two years fib- sent a finding by a superma- iority of the Planning Com- mission that the original de- • cision ri was oead on ar ate- that mistakeoffact or that (SEAL) new factsCiustifys an earlier rehearing and providing a limited exception for shop- , Ping centers; providing that SWORN TO AN UBSCRIBED BEFORE ME THIS notice be provided five „/�1 ter hundred feet of the rs e • DAY OF- •A.D. ter t shopping whenntsee A.D. a retail use therein seeks al- coholic beverage approval; 1 providing a definition of shopping center; providing -�'\ -- - that the effect on property within five hundred feet of- --- ping the pericentmereterw it of the shop- whicha within retail use seeks alcoholic . ,.'— . tJOTAN'I PUCLIC S beverage approval be con- iATf OF FLORIDA sidered;providing for sever- - I, = NY CCHMISSIQn ability; providing for repeal EXP. AUG 28,1990 of all ordinances inconsistent, herewith; providing for In- 8080ED Tti ti.GENERAL I,RS. URD. corporation into the Monroe County Code of Ordinances; and providing for an effec- tive date. Pursuant to Section 286.0105,j Florida Statutes, notice is given. that if a person decided to ap-1 peal any decision made by the Board with respect to any mat- ter considered at such hearings or meetings,he will need a rec- ord 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 testi- mony and evidence upon which. the appeal is to be based. • Copies of the above-referenced! • ordinance are available for re- view at the various public li- braries in Monroe County,Flori- da. • DATED al Key West, Florida, this 23rd day of November,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;____ _ _ Publish:Dec.2 9,1987 Florida Keys Keynoter - Is V. m 4/SENDER: Complete items.1_2_3 and 4. ' o Put your address in the"F TO"space on the 3 reverse side.Failure to dot is wl l prevent this card from , +l being returned to you.The return receipt fee will provide P-5 9 3 085 1 ..a you the name of the person delivered to and the date of RECEIPT FOR CERTIFIED MAILe delivery. For additional fees the following services are E- available.Consult postmaster for fees and check box(es) NO INSURANCE COVERAGE PROVIDED c NOT FOR INTERNATIONAL MAIL .Z for servicels)requested. (See Reverse) pp 1. 0 Show to whom,date and address of delivery. . I. to .Sent to GGss •2. 0 Restricted Delivery. 1, Mrs. Liz Cloud, Chief • M sPeaa®at1o.of Admin. Code & La s . 03 3. Article Addressed to: t Department of State `� Mrs. Liz Cloud, Chief i a PBhetaCaigr1Odode • Bureau of Admin Code and Laws . (? Tallahassee;. FL 323.01 if Department of State m Postage. ' Sb. .4t- The Capitol Tal11ahassee, FL 32301 Certified Fee tic n 4. Type of Service: Article Number Special Delivery Fee ❑ Registered 0 InsuredEl Certified 0 COD i2 r q l U Restricted Delivery Fee • ❑ Express Mail - • Return Receipt showing i ! 9 to whom and Date Delivered t..r Always obtain signature of addressee or agent and inrt DATE DELIVERED. °r.° Return Receipt shnwino to whom. p r Date,and Address di Delivery •• 5. Signature—Addressee d tip; t7 TOTAL Postage arir-...., s S y 6.X Signature—Agen Postmark or Date ({., � c co 7. Date of pellyery E 1\2'Z:4 r i, C 8. Addressee's Address(ONLY if requested and fee paid) in m velopeto fheeright n m N. o . B. iBannp 1... ltolbagt BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON. FLORIDA 33050 TEL. (305) 743-9036 CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST. FLORIDA 33040 DJ~~th~~r94:2~4} 1987 BRANCH OFFICE P.O. BOX 379 PLANTATION KEY. FLORIDA 33070 TEL. (305) 852.9253 CERTIFIED MAIL RETURN RECIEPT REQUESTED Mrs. Liz Cloud, Chief Bureau of Administrative Code and Laws Department of State The Capitol : Tallahassee, Florida 32301 Dear Mrs. Cloud: Enclosed please find a certified copy of Ordinance No. 055-1987 amending Ordinance No. 039-1986 in order to provide that an application for alcoholic beverage approval denied for failure to meet the substantive requirements of Ordinance No. 039-1986 may not be considered again for two years absent a finding by a supermajority of the Plannning Commission that the original decision was based on a material mistake of fact or that changed circumstances or new facts justify an earlier rehearing and providing a limited exception for shopping centers; etc. This Ordinance was adopted by the Board of County Commissioners at a Regular Meeting in formal session on December IS, 1987. Please file for record. Very truly yours, Danny L. Kolhage Clerk of the Circuit Court and ex officio Clerk to the Board of County Commissioners Enclosure (,) c-C) '< - ",,0-"'~.- \ <6 2...- 'f ,,-:>/~ ,-,t.~ cc: Municipal Code Corp. Mayor E ~ T.y t ton ~><;fh~~~T ~ t t~t rt~~, . .\r~f~'-"~~~r~~-nr Finance Director PB&Z Director ~~;~ Au~&ority ~irector FLORIDA DEPARfMENT OF STATE Jim Smith :-".( rctdf\. of Stdh.' Dorothy W. Joyce Division Director December 28, 1987 Ms. Shelley Brown, Deputy Clerk Clerk of the Circuit Court Monroe County 500 Whitehead Street Key West, Florida 33040 Dear Ms. Brown: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge: 1. Receipt of let ter / s of December 23, 1987 and certified copy/ies of Monroe County Ordinance (s) No. 055-1987 2 . Receipt of relative to: County Ordinance(s) (a) which we have numbered (b) wh{ch we have numbered 3. We have filed this/these ordinances in this office on December 28. 1987. 4. The original/duplicate copy/ies showing the filing date is/are being returned for your records. S~~relY~ L~, Chief Bureau of Administrative Code LC/ DIVISION OF ELECTIONS, Room 1801, The Capitol, Tallahassee, Florida 32301 (904) 488-7690