Ordinance 007-1985County Commission
ORDINANCE NO.007 -1985
AN ORDINANCE AMENDING ORDINANCE NO. 029-1984; PROVIDING
FOR AN EXEMPTION TO THE MORATORIUM AS EXTENDED BY ORDI-
NANCE NO. 029-1984, IN EXCLUDING SHOPPING CENTERS
(BU-2-Q); PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH
THIS ORDINANCE; PROVIDING FOR INCLUSION IN THE CODE OF
ORDINANCES OF MONROE COUNTY, FLORIDA; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the County Commission of Monroe County, Florida, at
public hearing, heard staff opinions on the subject of shopping
centers as being exempted from the moratorium, and
WHEREAS, after careful consideration, the Monroe County
Commission has determined that the addition of shopping centers
in proper locations will not overly extend the public services
that are now available in Monroe County for such centers; that
properly sited, such centers will not be harmful to the inten-
tions and anticipated requirements of the Land Use Map and Land
Use Plan now under consideration by the Monroe County Commisiion,
and
WHEREAS, no use of environmentally sensitive lands are
contemplated by this amended ordinance, now, therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
Section 1. This Ordinance shall act as an amendment to
Ordinance No. 029-1984, commonly known as the Moratorium
Extension Ordinance, and this Ordinance shall only apply to those
categories of businesses as reflected in Paragraph Two (2),
below, of this Ordinance. The sole purpose of this amendatory
ordinance is to provide and allow for the development of shopping
centers under the requirements of Chapter 6, Article VII of the
Monroe County Code.
Section 2. It is understood and it is a specific part of
this Ordinance that no other categories except shopping centers
to be located in BU-2-Q zoning districts are hereby exempt by
this Ordinance.
Section 3. In all other respects, Ordinance No. 029-1984
remains in full force and effect, and nothing contained herein
shall be considered an exception or an exemption to said
Ordinance, except as is expressly stated in this ordinance.
Section 4. Nothing herein shall negate the requirement to
enforce the goals, standards, policies or objects of the Growth
Management Plan for the Florida Keys and/or the Principles for
Guiding Development for the Florida Keys.
Section 5. 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 6. All ordinances or parts of ordinances in
conflict with this Ordinance are hereby repealed to the extent of
said conflict.
Section 7. 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 8. 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.
Section 9. All moratoria and restrictions heretofore
imposed by the County Commission are hereby ratified nunc pro
tunc where and if applicable.
Section 10. A certified copy of this Ordinance, as enacted,
shall be filed with the Department of Community Affairs of the
State of Florida by the Clerk of the Board of County Commission-
ers of Monroe County, Florida, as soon as practicable after its
enactment.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a special meeting of said Board held
on the 8th day of March , A.D. 1985.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By "V
Mayor/Chairman
(SEAL)
Attest: DANNY L. R'OLHA r, Clerk
Z'
f r
C,r
er
ADOPTED:
FILED WITH SECRETARY OF STATE: - j_ ff��
EFFECTIVE DATE:r
V AS TO FORM
ce`oac suFFic�nrcay'
eY
Anomey'a Office
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on
Friday, February 8, 1985 at 5:00 P.M. in Key West Courtroom "B"
of the Monroe County Courthouse Annex, 500 Whitehead Street, Key
West, Monroe County, Florida, and on Friday, March 8, 1985 at
5:00 P.M. at the Plantation Key Government Center, Plantation
Key, Monroe County, Florida, the Board of County Commissioners of
Monroe County, Florida, intends to consider the adoption of the
following County Ordinance:
ORDINANCE NO. -1985
AN ORDINANCE AMENDING ORDINANCE NO. 029-1984; PROVIDING
FOR AN EXEMPTION TO THE MORATORIUM AS EXTENDED BY ORDI-
NANCE NO. 029-19840 IN EXCLUDING SHOPPING CENTERS
(BU-2-Q); PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH
THIS ORDINANCE; PROVIDING FOR INCLUSION IN THE CODE OF
ORDINANCES OF MONROE COUNTY, FLORIDA; 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.
DATED at Key West, Florida, this 17th day of January, 1985.
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 r UBLIC&T10N -
THE FLORIDA KEYS KEYNOTER
Published Weekly
MARATHON, MONROE COUNTY, FLORIDA
STATE OF FLORIDA )
COUNTY OF MONROE )
Before the undersigned authority personally appeared R . B . Rutherford , who on oath, says
that he is Genera 1 Man l �of The FLORIDA KEYS KEYNOTER, a weekly newspaper published at Marathon, in
Monroe County, Florida; that the attached copy of advertisement, being a AnnpTTnN 11F nRnTwAwrr
IN THE MATTER OF EXCLUDING SHOPPING CENTERS FROM MORATORIUM in the
Court, was published in said
newspaper in the issues of Feb 9 A 1985 5°tafufes1on Licebis�given thafda
�a person decided to appeal anv
decislon made by the Board
Affiant further says that the said FLORIDA KEYS KEYNOTER is a riewsrwith respect to any matter
_ . `considered at such hearings or
meetings, he will need a record
of the proceedings, and that
thon, in said Monroe County, Florida, and that the said newspaper has heretfor such purpose, he may need
jo ensure that a verbatim rec-
It ea of
f,, ch .recorddincludes published in said Monroe County, Florida, each week (on Thursday) and hasithe testimony- and evidence
IuPon which the appeal is to be
II Is class mail matter at the post office in Marathon, in said Monroe County, Kev West, Florida,
Flerhls 17fat h day of January, 1985.
Danny L. Kolhage
Clerk of the Circuit Court
year next preceding the first publication of the attached copy of advertise" of Monroe County, Florida
and ex officio Clerk of the
IBoard of County Commission -
says that he has neither paid nor promised any person, firm, or corporation a>l of Monroe County, Flor Commission-
er
Florrida Feb.sKeynoter
mission or refund for the purpose: of s_ ecuringthis advertisement for publication in
0-
(SEAL) - _ =
SWORN TO AND. UBSCRIBED 5tFORE1ME THIS C;y u
DAY OF --✓�! -`L� %?.•` A.D. 19 0 �-
A �STTE OF FLORIDA
EXP. AUG 14.1988
B0NDED THRU GE9ERAL IRS_ ilMn
>NCE
GIVEN
r PROOF OF PUBLICATION
THE FLORIDA KEYS KEYNOTER
Published Weekly
MARATHON, MONROE COUNTY, FLORIDA
STATE OF FLORIDA )
COUNTY OF MONROE )
Before the undersigned authority personallyappeared R. B. Rutherford
- ---------------- - --- ppe-- ---- - ---- - -- -- - --- who on oath, says - -
that he is C e n era 1 Manager of The FLORIDA KEYS KEYNOTER, a weekly newspaper published at Marathon, in
Monroe County, Florida; that the attached copy of advertisement, being a ADOPTION OF COUNTY ORDINANCE
IN THE MATTER OF EXEMPTION TO MORATORIUM ON SHOPPING CENTERS in the
Court, was published in said
newspaper in the issues of
—DATE. Pursuant ro-.�ecfi®n
286.0105, Florida Statutes, no-
Affiant further says that the said FLORIDA KEYS KEYNOTER is a ne rice is p ven that if a person de-
cided to a .peal anv decision
made by tie Board with re-
spect to any matter considered
thon, in said Monroe County, Florida, and that the said newspaper has hi n°e ineedaiasordethw te
Proceedings, and that, for such
'purposo, Re may need to en -
published in said Monroe County, Florida, each week (on Thursday) and 6 mQ proceed r er is made. record
of
ch
record includes the testimony
and evidence• upon which the
class mail matter at the post office in Marathon, in said Monroe County, appeal is to be based.
DATED at yKey West, Florida,
This ]TthDANNL KOLHAGE
year next preceding the first publication of the attached copy of advert. Clerk of the Circuit Courd
of Monroe County, Florida
and ez officio Clerk of the
says that he has neither paid nor promised any person, firm, or corporation Board of County Commissioe -
rs
of Monroe ounty, Florida
Publish; Jan. 20, 985
mission or refund for the purpose of securing this advertisement for publics Florida Keys Keynoter
(P-
(SEAL) -
SWORN TO7M,77
BED BEFORE ME THIS
DAY OF A.D. 192ff
1/)/1 - - 2--) /-1
NOTARYIC STATE FLORIDA
NY COH SIOH EXP, AUG 14,1988
nnamn wait GCIIFREI. TNC mmn
I
•PROOF OF PUBLICATION
THE FLORIDA KEYS KEYNOTER
Published Weekly
MARATHON, MONROE COUNTY, FLORIDA
STATE OF FLORIDA )
COUNTY OF MONROE )
Before the undersigned authority personally appeared R . B ^ Rutherford who on oath, says
that he is G e n e r a 1 Ma n a g e r of The FLORIDA KEYS KEYNOTER, a weekly newspaper published at Marathon, in
Monroe County, Florida; that the attached copy of advertisement, being a AnnPTTnm nF rolli rpy nPnINANC
IN THE MATTER OF EXCLUSION OF SHOPPING CENTERS FM MORATORIUM in the
Court, was published in said
newspaper in the issues of - Jan. .i I , -1 v ti 5 f
Affiant further says that the said FLORIDA KEYS KEYNOTER is a nE
thon, in said Monroe County, Florida, and that the said newspaper has h,
fl
published in said Monroe County, Florida, each week (on Thursday) and
i
class mail matter at the post office in Marathon, in said Monroe County,
year next preceding the first publication of the attached copy of advert
I
says that he has neither paid nor promised any person, firm, or corporation
mission of refund for the purpose of securing this advertisement for public,
(SEAL)
SWORN TO AN SUBSCRIBED BEFORE ME THIS
DAY OF A.D. 19
Hy c0 ISSION EXP. AUS 14,198
is given that if NOTICE OF
!d to appeal any INTENTION TO
by the Board' CONSIDER ADOPTION
to any matter OF COUNTY
uch hearings or ORDINANCE
ill need a records
lines, and that i NOTICE 15 HEREBY GIVE!"se; he�may need: TO WHOM IT MAY CON-
.. .,._ .... CFRN that on Friday. Febru-
.m.
of Monroe County Florida consmer nie
Publish: Jan. 31, 1985 following County Ordinance: "
Florida Keys Keynoter ORDItJAb SE
D--BYvORDI
O. 029-1984 IN
,IG SHOPFjING
(BU-2
G FOR SEVERR
7/wOc
PROOF OF PUBLICATION
SERVING THE UPPER KEYS
BOX 597, 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 4 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 Try e&isf
viva 11./ER
in the Court, was published in said
newspaper in the issues of 1-24, 1-31 & 2-28-85 t NOTICE OF INTENTION TO CONSIDER
Affiant further says that the said REPORTER i, ADOPTION OF COUNTY ORDINANCE
newspaper published at Tavernier, in said Monroe Coul NOTICE ISIIF.RF.RYGIVEN TOWHOM ITMAY CONGER N at on Friday,
February 8, 1985 at 5:00 P.M. in Key West Courtroom "B" of the M roe County
Florida, and that the said newspaper has heretofore i Courthouse Annex, h W985 at
Street, Key West, Monroe County, Florida,
and on Friday, March 8, 1985 at 5:00 P.M. at the Plantation Key Government
Center, Plantation Key, .Monroe County, Florida, the Board of County
continuously published in the said Monroe County, F1' Commissioners of Monroe County,Florida, intends to consider the adoption of the
each week (on Thursday), and has been entered as sec, following CountyOrdiance:
class mail matter at the Post Office in Tavernier, i1 ORDINANCE NO. -1985
AN ORDINANCE AMENDING ORDINANCE, NO. 029-1984; PROVIDING
County of Monroe, Florida, for a period of one year I FOR AN EXEMPTION TO THE MORATORIUM AS EXTENDED BY
ORDINANCE NO.029-1984, IN EXCLUDING SHOPPING CENTERS (BU-2-Q);
preceding the first publication of the attached copy PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS
advertisement; and affiant further says that he has D ORDINANCE; PROVIDING FOR INCLUSION IN THE CODE OF
ORDINANCES OF MONROE COUNTY, FLORIDA; AND PROVIDING FOR AN
paid nor promised any firm, person, or corporation an EFFECTIVE DATE.
discount, rebate, commission or refund for the purpos 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
securing this said advertisement for publication in ti 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
said newspaper. proceedings is made, which record includes the testimony and evidence upon which
the appeal is to be based.
DATED at Key West, Florida, this 17th day of January, 1985.
DANNY L. KOLHAGE
Clerk of the Circuit Court
_ of Monroe County, Florida
S E A - - Q I - and ex officio Clerk of the
SWORN TO AND SUBSC IBED BEFORE ME :THIS STH Board of County Commissioners
_ � of Monroe County, Florida
Published: 1124, 1/31 & 2128/85
DAY OF MARCH A.D_..19T/& . �' The Reporter
Tavernier, Fli 33070
ARY PUBI,I,C _� \
`� .NCVARY, 'A"t OF 'FLOPIDA
MY COMMISSION EXPIRES: EMy.. ,L"OMMISS10T 1 EXPIRES APR 2 1987
QNDED TNP.0 GENERAL INSURANCE UND,
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 743-9036
• e
;Dannp
CLERK OF THE CIRCUIT COURT
16TH JUDICIAL CIRCUIT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
RECORDER TEL. (305) 294-4641
COLLECTOR OF DELINQUENT TAXES
March 14, 1985
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mrs. Liz Cloud, Chief
Vtureau of Administrative Code and Laws
epartment of State
The Capitol
Tallahassee, Florida 32301
Dear Mrs. Cloud:
BRANCH OFFICE
P.U. BOX 379
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-9253
COUNTY CLERK
COUNTY AUDITOR
The Board of County Commissioners at a regular meeting in formal
session on March 8, 1985 adopted Ordinance No. 007-1985.
Enclosed please find a certified copy of this Ordinance.
Please file for record.
Very truly yours,
Danny L. Kolhage
Clerk of Circuit Court
and ex officio Clerk
Board o County Commissioners
by:
Deputy Clerk
/rls
Enclosure
cc: Municipal Code Corp.
County Attorney
Planning & Zoning
r�-F i 1 e
I
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N
yi
E
P 637 717 494
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED
NOT FOR INTERNATIONAL MAIL
(See Reverse)
STizo Cloud
Street and No.
The Cigpitol Dept. of St-at-
.
P.O., State and ZIP Code
Postage
$
Certified Fee
Special Delivery Fee
Restricted Delivery Fee
Return Receipt Showing
to whom and Date Delivered
Return receipt showing to whom,
Date, and Address of Delivery
TOTAL Postage and Fees
$
Postmark or Date
T
r
d
Lf
r
!f
I
iNIDNA: CG_`PNte "tarns 1. 2. 3 and 4.
Put youraddress in the "RETURN TO" speceon the
►•verse side. Failure to do this will prevent this Card from
being murned to you. The return receipt fee will provide.
you the name of tM delhrered to and the date of
delivery. For additlonN fees me ollowma wry wan
available. Consult postmaster for few and check box (as)
for services) requested.
1. ❑ Show to whom. date and address of delivery.
2. ❑ Restricted Delivery.
3. Article Addressed to:
Liz Cloud, Chief
Department of STate
The Capitol
Tallahassee, Florida 32301
4. Type of Service:
Article Number
❑ Registered ❑ Insured
p 637 717 494
❑ Certified ❑ COD
❑ Express Mail
Always obtain signature of addresseeqLagent and
DATE DELIVERED.
5. Signature — Addressee pF+�
6. — Aged . ,ra
X
7. Dart o Daliv w v 3xa
b�
B. Addressee's Address (ONLY Ifli0jilaWfee )
0, THE S7'4T
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W - L
• �C�D ME TPJ�
FLORIDA DEPARTMENT OFSTATE
George Firestone
Secretary of State
March 19, 1985
Ms. Rosalie L. Simmons
Deputy Clerk
Clerk of the Circuit Court
Monroe County
500 Whitehead Street
Key West, Florida 33040
Dear Ms. Simmons:
Pursuant to the provisions of Section 125.66, Florida
Statutes, this will acknowledge:
1. Receipt of your letter/s of March 14, 1985
and certified copy/ies of Monroe County
Ordinance No. 85-7
2.
Receipt of
relative to:
(a)
(b)
which we have numbered
which we have numbered
County Ordinance/s
3. We have filed this/these Ordinance(s) in this office
on March 18, 1985.
4. The original/duplicate copy/ies showing the filing date
is/are being returned for your records.
Cordially,
(Mrs.) Liz Cloud, Chief
Bureau of Administrative Code
and Laws
LC/
FUORIDA-State of the Arts
r,C C=/
ACKNOWLEDGMENT
DATE: March 25, 1985
TO: Monroe County, Florida
(Supplement No. 22)
We are in receipt of the following material which will be con-
sidered for inclusion in the next Supplement to your Code:
Ordinance Nos. 005-1985
through 007-1985
Thank you for your assistance and cooperation.
db A AZ
��r✓
Robert L. Laslie
Vice President - Supplements
Municipal Code Corporation