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Ordinance 017-1984ORDINANCE NO.017-1984 AN ORDINANCE OF MONROE COUNTY, FLORIDA, BOARD OF COUNTY COMMISSIONERS REPEALING ORDINANCE NO. 027-1983 RELATING TO APPEAL OF ZONING BOARD DECISION ON PRELIMINARY AND FINAL DEVELOPMENT PLAN TO BOARD OF COUNTY COMMIS- SIONERS; AMENDING SECTION 6-234(e), MONROE COUNTY CODE, TO PROVIDE FOR APPEAL OF ZONING BOARD DECISION ON PRELIMINARY AND FINAL DEVELOPMENT PLAN TO BOARD OF COUNTY COMMIS- SIONERS PURSUANT TO SECTION 8(2), CHAPTER 61-2503, LAWS OF FLORIDA; TO PROVIDE FOR LAPSE OF PRELIMINARY DEVELOPMENT PLAN WITHIN ONE YEAR FROM ZONING BOARD OR BOARD OF COUNTY COMMISSIONERS' ACTION; PROVIDING FOR SEVERABILITY; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE ARE HEREBY REPEALED; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that: Section 1. Ordinance No. 027-1983 entitled: "AN ORDINANCE OF MONROE COUNTY, FLORIDA, BOARD OF COUNTY COMMISSIONERS AMENDING SECTION 6-234(e), MONROE COUNTY CODE, TO PROVIDE FOR APPEAL OF ZONING BOARD DECISION ON PRELIMINARY AND FINAL DEVELOPMENT PLAN TO BOARD OF COUNTY COMMISSIONERS PURSUANT TO SECTION 8(2), CHAPTER 61-2503, LAWS OF FLORIDA; TO PROVIDE FOR LAPSE OF PRELIMINARY DEVELOPMENT PLAN WITHIN ONE YEAR FROM ZONING BOARD OR BOARD OF COUNTY COMMISSIONERS' ACTION; PROVIDING FOR SEVERABILITY; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE ARE HEREBY REPEALED; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE." be and the same is hereby repealed. Section 2. Section 6-234(e), Monroe County Code, is hereby amended to read as follows: Sec. 6-234(e) Approval of the preliminary development plan shall not constitute acceptance of the final development plan, provided, however, that any decision by the Zoning Board on the preliminar development approval shall be subject to appeal to the Board of County Commissioners pursuant to Section 8(2), Chapter 61-2503, Laws of Florida (1961). The approval of the preliminary development plan shall lapse unless a final development plan based thereon is submitted within one year from the date of such approval by the Zoning Board, or, if appealed pursuant to Section 8(2), Chapter 61-2503, Laws of Florida within one year from the date the Board of County Commissioners renders its decision affirming such approval. An extension of time may be applied for within 12 months from the issuance of approval of the preliminary order, by the developer and granted by the Zoning Board. If the preliminary development plan is conditionally approved, the Zoning Board shall issue written authorization to the applicant to prepare a final development plan of the proposed development to be submitted to the zoning official. 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. All ordinances or parts of ordinances in con- flict with this Ordinance are hereby repealed to the extent of said conflict. Section 5. 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 6. This Ordinance shall take effect as provided by law after being received by the Office of the Secretary of State. (SEAL) Attest bANNY L. KOLHAGE, Cler'. Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By—7 Mayor/Chairman AP VEC) AS TO �-Ukiwl LEGAL SUFF NC By NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Friday, May 4, 1984 at 5:00 P.M. at the Plantation Key Government Center, Plantation Key, Monroe County, Florida, and on Friday, May 18, 1984 at 5:00 P.M., at the Marathon Subcourthouse, Marathon, Monroe County, Florida, the Board of County Commissioners of Monroe County, Florida, intends to consider the adoption of the following County Ordinance: ORDINANCE NO. -1984 AN ORDINANCE OF MONROE COUNTY, FLORIDA, BOARD OF COUNTY COMMISSIONERS REPEALING ORDINANCE NO. 027-1983 RELATING TO APPEAL OF ZONING BOARD DECISION ON PRELIMINARY AND FINAL BOARD DECISION ON PRELIMINARY AND FINAL DEVELOPMENT PLANT TO BOARD OF COUNTY COMMISSIONERS; AMENDING SECTION 6-234(e), MONROE COUNTY CODE, TO PROVIDE FOR APPEAL OF ZONING BOARD DECISION ON PRELIMINARY AND FINAL DEVELOPMENT PLAN TO BOARD OF COUNTY COMMISSIONERS PURSUANT TO SECTION 8(2), CHAPTER 61-2503, LAWS OF FLORIDA; TO PROVIDE FOR LAPSE OF PRELIMINARY DEVELOPMENT PLAN WITHIN ONE YEAR FROM ZONING BOARD OR BOARD OF COUNTY COMMISSIONERS' ACTION; PROVIDING FOR SEVERABILITY; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE ARE HEREBY REPEALED; PROVIDED FOR INCLUSION IN THE CODE; 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 16th day of March, 1984. 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) 74 PROOF OF PUBLICATION SERVING THE UPPER 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 in the NOTICE F INTENTION I ON Court, was published in said newspaper in the issues of 4-5 & ]2-64 Affiant further says that the said REPORTER NOTICEOFINTEiV1' ADOFI newspaper published at Tavernier, in said Monroe Col .: oNOFCoV Toxo Florida and that the said newspaper has heretofore Na srAx mFkiLj �tl �° i6:Y� ar I�84+i�t Cx99 R 1!Y4sY.IAPYss4-tt>t. continuously published in the said Monroe County, F1 .swmw �I Coantg Cunnnissiw:ers of each week (on Thursday), and has been entered as sec .*dov*1mofthefdiowmgCovnty l class mail matter at the Post Office in Tavernier, i ot:alxAxci AN aRtiII^i>r. County of Monroe, Florida, for a period of one year APPEIII, IJ8 ZLiO:eNFffil�HPf. 'IS preceding the first publication of the attached copy DEVELOPMENT PLAT.;' 0 DUARX AMENUNQJi'�. advertisement; and affiant further says that he has AP"AL J +•DECIE •D>kV1%Lf�Eit'E �+IaAIi.�.r,;8'DABJ paid nor promised any firm, person, or corporation a, PROVIDEFORI1 0pVR �F.pW' PROVIDE FOR IAPSE�P �� discount, rebate, commission or refund for the purpo, ONE YEAR FROM t0bliNG BO COMMISSIONERS' ACTION; PRi securingPROVIDINGTRthis said advertisement for publication in CONFLICT,WrM. LLORDINANGI P CONFLICT WIT}• 'I'HiB:;:QAi)I1dA1 i. '-I9i34 F LORIDA. 66Ai04 GO.ti=:: said newspaper. PROVIDED FOR INCLvawx IN Ina otwc.,,rtwvwuu fiva,nc.::• EFFECTIVE DATE. Pursuant to Section 286.OW5. } lorida Statutm notice is pYen th-it q. person. decided to appeal any decision mark by. the Dowd witit respect;* any matter cmidered at such hearings or meetmp, he will, ae d P rend of tie proceWi_W, . , and that, for awb Purpose, he —Y needy to eQa>t+f� *4 a .eptgm reowo' of the ur poceedinga is made, which xF4rd inchcdro tliettporAY and evidence which SEA , 2U(� H the appeal i4 Lobe based. ` I QND DATED at Keg West, l%r, this I*hday efXWh:1984, ida SWORN TO SUBS ED BEFORE ME THIS D,ANNY,'L KULIiAGE Q� DAY OF APR I L . A . D . , 19 " Clerk of the Circuit court of Fioririn ga ' ener )/ �- i 2, < Board '- .N hed: 4/5 & 4/12tS4 at onrce Fla . -'NOTARY PUBLIC___ �lY��swxtet' ' ��-� ' 1!71TARY PUBLIC STATE OF FLO�D7� 070 MY COMMISSION EXPIRES: "'Y (40MM SSION EXPIRES APR 2 1987, IJ',;-- CFNERAL INSURANCE UNDO ° PROOF OF PUBLICATION 07�x' SERVING THE UPPER 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 InTT�OF I�TFNiTjo1 i in the Court, was published in said nawcnanor in tha icanac of 4-5 & 12-84 Affiant further says that the said REPORTER 1 newspaper published at Tavernier, in said Monroe Col NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE Florida and that the said newspaper has heretofore May 4, 19.4 at 5:00 BY GIVEN TO WHOM IT MAY CONCERNent Center, Plantation lanon t Lion ,I May 4, 1984 at 5:00 P.M: a the Plantation Key Government Center, Plantation continuous) published in the said Monroe Count F] Key, Monroe County, Florida, don Friday, May 18, , Florida,5i00 P.M., Bo r the y p County, Marathon Subeourthouse, Mar;�on, Monroe County, Flrithe Board of County Commissioners — Monrot.,County, Florida, intends to consider the each week (on Thursday), and has been entered as sec adoption of the following County Ordinance: class mail matter at the Post Office in Tavernier, i ORDINANCENO.'-1984 AN ORDINANCE OF MONROE COUNTY, FLORIDA, BOARD OF COUNTY County Of Monroe, Florida, for a period Of One year. COMMISSIONERS REPEALING ORDINANCE NO.027-1983 RELATING TO APPEAL OF ZONING BOARD DECISION -ON PRELIMINARY AND FINAL preceding the first publication Of the attached copy DEVELOPMENT PLAT TO BOARD OF COUNTY COMMISSIONERS; - AMENDING SECTION 6-234(e), MONROE COUNTY CODE, TO PROVIDE FOR advertisement; and aff iant further says that he has' APPEAL OF ZONING BOARD DECISION ON PRELIMINARY AND FINAL DEVELOPMENT PLAN TO BOARD OF COUNTY COMMISSIONERS paid nor promised any firm, person, or corporation a PURSUANT TO SECTION 8(2), CHAPTER 61-2503, LAWS OF FLORIDA; TO I 'PROVIDE FOR LAPSE OF PRELIMINARY DEVELOPMENT PLAN WITHIN discount, rebate, commission or refund for the purp0! COMM SSIONERS''NE YEAR MACTION; PROVIDING ORZONING BOARD OR RDEVO ERCOUNTY 1TY; securing this said advertisement for publication in j PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE ARE. HEREBY REPEALED; said newspaper. I PROVIDED. FOR INCLUSION IN THE CODE; PROVIDING 'FOR AN EFFECTIVE DATE. Pursuant to Section 286.0105, Florida Statutes, notice is given than 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, q//JU,*Q 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 SEA = _ 20rH I the appeal is to be based. SWORN TO ND SUBS ED BEFORE ME .THIS DATED at Key West, Florida. this l6thday ofllarch,1984. DANNYL.KOLHAGF. Q� � Clerk of the Circuit Court DAY OF APR I L . - A , D , , 1 9 C7—f �� of Monroe County, Florida r and ex off' •io Clerk of the i Board of Cotmty .ommissioners l of Monroe �'ounty, Florida ✓t_Q'�✓ hed: 4/5 & 4/12184 . 1�OTAR Y_PUBLIC 1 ?�Ij orter �vY�_0Y PUBLIC STATE OF 'FLORIDA 'jn FL 33070 MY COMM I SS I ON EXP I RES : fly. COPAMiSSI,ON EXPIRES APR 2 1987 :I ND=U IHRU GENERAL INSURANCE UNDO PROOF OF PUIMON THE FLORIDA KEYS KEYNOTER �� Published Weekly VFZ T ��:�""�'1 MARATHON, MONROE COUNTY, FLORIDA APR 16 1984 STATE OF FLORIDA ) COUNTY OF MONROE ) Before the undersigned authority personally appeared Judith E. Proulx , who on oath, says that he is nffi cP ManaQPr 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 to Consider Adoption of IN THE MATTER OF Concerning Section 6-234 (e) County Ordinance in newspaper in the issues of April 5, 12, 1984 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 published in said Monroe County, Florida, each week (on Thursday) and has been entered as second class mail matter at the post office in Marathon, in said Monroe County, 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 person, firm, or corporation any discount, rebate, com- Pursuanr - ro Section 288.0105, Florida Statutes, mission or refund for the purpose of securing this advertisement for publi notice is.given that if a per- son yeciUed 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 tfie proceedings, -and that, for--such-purposZ - he may need to ensure that - - a verbatim record of the Proceedings is made, which (SEAL)record includes the testimo- _ ny and evidence upon which . the appeal is to be based. CDA9:TED at Key West Florida, this 161h � day of SWORN TO AND-SUB.SCRIBED BEFORE ME THIS March, 1984. DANNY L. KOLMAGE. • r`, / Clerk of the Circuit Court _ X (� of Monroe County, Florida DAY OF J A.D. 19 (((/// / and ex officio Clerk of the Board of County Commis - of Monroe County, Florida, - Publish: April 5, 12, 1984 eal) h ORIDA Florida KevsKevnoter MY COMM I_SION E;:PfRCS MAY'31 1987 PC14DED THRU CEF•lcR,•`,L INSURANCE UND Court, was published in said �x. May 29, 1984 Of 114 E Sri,, e O w „ A J 4• 'y�OD HE tA�b FLORIDA DEPARTMENT OFSTATE George Firestone Secretary of State Honorable Danny L. Kolhage Clerk of Circuit Court 500 Whitehead Street Key West, Florida 33040 Dear Mr. Kolhage : Pursuant to the provisions of Section 125.66, Florida Statutes, this will. acknowledge: 1. Receipt of your letter/s of May 24 and certified copy/ies of Monroe _ County Ordinance/s Nos. 84-1.6, 84-17 a 84-18 2. Certified copy/ies of County Ordinance/s relative to: (a) (b) which we have numbered which we have numbered 3. This/these ordinance/s has/have been failed in this office on May 29, 1984. 4. The original/duplicate copy/ies showing the filing date is/are being returned for your records. Kindest regards. Sincerely, (Mrs. Nancy Kavanaugh Chief, bureau of Laws FLORIDA-State of the Arts