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Ordinance 028-1983ORDINANCE NO.028-1983 ORDINANCE OF THE MONROE COUNTY, FLORIDA, BOARD OF COUNTY COMMISSIONERS AMENDING SECTION 19-234(d) AND (f), MONROE COUNTY CODE, TO PROVIDE FOR APPEAL OF ZONING BOARD DECISION ON PRELIMINARY AND FINAL PUD PROJECT PLAT TO BOARD OF COUNTY COMMISSIONERS PURSUANT TO SECTION 8(2), CHAPTER 61-2503, LAWS OF FLORIDA; 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FOR SEVERABILITY; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE ARE HEREBY REPEALED; PROVIDING FOR INCLUSION IN THE CODE; AND TO PROVIDE AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that: Section 1. Sections 19-234(d) and (f), MONROE COUNTY CODE, is hereby amended to add the following underlined provisions: Sec. 19-234(d) If the Zoning Board approves the preliminary PUD project plat, it shall amend the zoning district map to designate the proposed PUD project location as a planned unit development district. The Zoning Board's decision on the preliminary PUD project plat shall be subject to appeal to the Board of County Commissioners pursuant to Section 8(2), Chapter 61-2503, Laws of Florida (1961). Sec. 19-234(f) Zoning official submits final PUD project plat to Zoning Board for review and approval. The Zoning Board's decision on the final PUD project plat shall be subject to Section 8(2) Chapter 61-2503, Laws of Florida (1961), provided that such an appeal shall be limited to the issue of whether or not the final PUD project plat complies with the conditions of the preliminary PUD project plat approval. Section 2. 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 3. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. Section 4. 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 5. 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 and shall apply to any decision or approval of the Zoning Board covered hereby which was adopted prior to the effective date of this Ordinance but where the appeal period from such approval or decision is running as of the effective date of this Ordinance. (SEAL) Attest: t7— �'C� . --'� Cler BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By - ayor 7 C hairman APPR AS TO FOP.M AN GAL SUFFIC/ENC . Attorneys Ofike NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Friday, October 28, 1983, at 5:00 P.M. in Courtroom B, Monroe County Courthouse Annex, 500 Whitehead Street, Key West, Monroe County, Florida, and on Friday, November 10, 1983, at 5:00 P.M. at the Plantation Governmental 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. -1983 ORDINANCE OF THE MONROE COUNTY, FLORIDA, BOARD OF COUNTY COMMISSIONERS AMENDING SECTION 19-234(d) AND (f), MONROE COUNTY CODE, TO PROVIDE FOR APPEAL OF ZONING BOARD DECISION ON PRELIMINARY AND FINAL PUD PROJECT PLAT TO BOARD OF COUNTY COMMISSIONERS PURSUANT TO SECTION 8(2), CHAPTER 61-2503, LAWS OF FLORIDA; 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; AND TO PROVIDE 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 30th day of September, 1983. RALPH W. WHITE 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 SERVING THE UPPER KEYS BOX 1197, TAVERNIER, FL. 33070 STATE OF FLORIDA ) COUNTY OF MONROE ) Before the undersigned authority personally appeared W. B. WOLF F who on oath, says that he is FnITT-OR R- �I !SH€R 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 ��TEN 7 I vT--� in the Court, was published in said newspaper in the issues of 10-13 & 2( Affiant further says that the said REPORTER is newspaper published at Tavernier, in said Monroe Count Florida, and that the said newspaper has heretofore be continuously published in the said Monroe County, Flor each week (on Thursday), and has been entered as secon class mail matter at the Post Office in Tavernier, in County of Monroe, Florida, for a period of one year n preceding the first publication of the attached copy advertisement; and affiant further says that he has n paid nor promised any firm, person, or corporation an discount, rebate, commission or refund for the purpos securing this said advertisement for publication in t said newspaper. L SEAL - - - - . 2%TH SWORN TO AND SCRIBED BEFORE ME THIS DAY OF OCTOBER A,D. , 19 83. AR � BLIC STATE. OF FLONCA MY COMMISSION. EXPtRES'APR 2 1987 MY COMMISSION EXPIRES: bt5NDCL) lhKU iAL INSURANCE UND, ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Friday October 28, 1983,-at 5:00 P.M. in Courtroom B, Monroe County Courthouse Ai nex, 500 Whitehead Street, Key West, Monroe County, Florida, and on Frida3 November 10, 1983, at 5:00 P.M. at the Plantation Governmental Center, Plar Mlon Monroe County Florinroe da �intendsFlorida, consider the adoption of the ollowing Count Ordinance: ORDINANCE No. 1983 ORDINANCE OF THE MONROE COUNTY, FLORIDA BOARD OF COUNT) -COMMISSIONERS AMENDING SECTION 19-234(d) AND (A MONROE COUNTY CODE, TO PROVIDE FOR APPEAL OF ZONING BOARD DECISI% ON PRELIMINARY AND FINAL PUD PROJECT PLAT TO BOARD OF COUNTY COMMISSIONERS PURSUANT TO SECTION 8(2), CHAPTER 61. 2503, LAWS OF FLORIDA; PROVIDING FOR SEVERABILITY; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH "THIS ORDINANCE ARE HEREBY REPEALED; PROVIDING FOR IN- CLUSIORIN THE CODE; AND TO PROVIDE 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 con- idered 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, Florda, this 30th day of September,1983. RALPH W. WHITE Clerk of the Circuit Court'' of Monroe County, Florida and ex officio Clerk of the Board of County Commissioners Published: 10/13 & 10/20/83 of Monroe County, Florida THE REPORTER Tavernier, FL 33070 PROOF OF PUBLIC= THE FLORIDA KEYS KEYNOTER Published Weekly MARATHON, MONROE COUNTY, FLORIDA STATE OF FLORIDA ) COUNTY OF MONROE ) Before the undersigned authority personally appeared Judith E. Proulx ,who on oath, says that he is Office 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 Section 1 9 - 2 3 4 (d) and ( f ) in the Court, was published in said newspaper in the issues of October 13, 20, 1 9 8 3 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 here'" r-p-Lr`suant `ro" "gecrion 2860105, Florida Statutes, notice is viven that if a oer- published in said Monroe County, Florida, each week (on Thursday) and ha: decis decided t by ph°e Board considered at sL. class mail matter at the post office in Marathon, in said Monroe County, Fl orzeeti o �t he year next preceding the first publication of the attached copy of advertisc says that he has neither paid nor promised any person, firm, or corporation ai mission or. refund for the purpose of securingthis advertisement for publicatic (SEAL) SWORN TO AND SUBSCRIBED BEFORE ME THIS S DAY OF /t A.D. 1941 F05TARV PUBLIC STATE OF TLORIDA MY CCMI'11SS'Oi.1 EXPIRi S M.AY'31 1987 BCNDFn THDI i .. .. - ex of ih day W. WHI 13` a PROOF OF PUBLICATION THE KEY REST "v ''--7`,TT '"l.. Publ-,'.c,hed Daily Key West, Monroe County, Florida 33040 00 STATE OF FLORIDA) ss. COUNTY OF ;IONROE) Before the undersigned authority personally appeared............,. BOBBY xD ZIAIIrT , .......•..••.•....•...•.. .., wb,3 or_c-at,_ says twat he is .•• ••e••• Xbertising Manager ...... ........of T'ne r:e« [tied: G=.tize , daily newspaper published a;. Key .,Jest in Pioaroe County; Florl.da9 that thr:� attached copy of „d<<cr. tl sement, being a /V0 -/-') C C' or— in the tE.£.�'i:n ' Of I CONSIDER ADOP "DF ; COUNTYORDINANS;. ! NOTICE H HEREBY CONCERN thatOo IFrlday October 28, 1983, at 5:00 P.M. in Courtroom B, Monroe 500 County Courthouse Annex, West, ' Monroe County, Florida; and on Frida November 10, 1983, at 5% P.M. at the Plantation Governmental Center,l Plantation Key Monroe. County, Florida, the Board of County Commissioners of Monroe County, Florida,; intends to consider' the was published in said newspa ar i-n. the adoptioon of the following, ORDINANCE NCe� 1983 i ORDINANCE OF THE ��� !: MONROE COUNTY,' COUNTRA, BOARD Y COMMISSIONERS, AMENDING SECTION 19• Aff_iant further says that the a—'. 'Tae Yey West Citi7234(d) AND (f), MONROE COUNTY CODE, Toj newspaper published at Key West, i_1 sa-id Mon;_oe Countty, F! PROVIDE.FORAPPEAL OF, 7p NING BOARD DECISION tiiat the said newspaper has heretofore been continuously ow'�, PRELIMINARY AND in said Morrroe County* Florida each dayexcept Saturdays FINAL PUD PROJECT p } u COUNTY COMMISSIONERS: been entered as secoBOARD OF nd class mail matter at the post offi,PURSUANT To SECTION West, in said Monroe County, Florida, for a period of onj8LUS (2) CHAPTER 61-250 preceeding the first publication of the attached copy of ISEOERABNLI.TY; FOR ment; and affiant further says tbat. he has neither paid niORD ORDINANCES DING OR PARTS' any pel:son, firm. or corporation aria c'.i.Ecount rebate com,.ur ORDINANCES. IN p > > CONFLICT WITH THIS refund for the. purpose of securing this advertisement forIORDINANC,E ARE, ,HEREBY REPEALED; in the said newspaper. PROVIDING '.FOR. IN- ICLUSION IN THE CODE;' ND TO PROVIDE AN . EFFECTIVE DATE. Pursuant to Section' 286.0105, Florida Statutes,- _ _, , . • .. , .. .• .. notice is given that if a person ; OF FLORID+ rdecided to appeal any,-- NUTARY PU6L1C STAGE (decision made by the Board (SEAL) E) P1RES JULY 27 1987 with respect to any matter prY COtJAPNSSION ;cons at such hearings L U2.',=S �MD I or meetings, he will needy 6C , ,DED , I-,,. � '" record of the proceedings, and that, for such purpose, he St.;or to and subscribed before me this.. ....... • • •, may need to ensqre that a, verbatim record of the, day of .., A.D. 19 proceedings is made, which' record includes the testimony; and evidence upon which the; i appeal Is to be based. 5 DATED at Key West',! ......... .. . i.''`t;r .:. .........'F� . Florida, this 301d day of r September, 1983. 1 RALPH W. WHITE, Clerk of the Circuit Court of Monroe County, Florida and ex officio ' Clerk of the Board of County Commissioners of .Monroe County, Florida. Oct. 6,, 13,1983 SHE Sr.4,, ry 9t. 1 f � o < s W • /~"DO Nlt'Jr FLORIDA DEPARTMENT OF STATE George Firestone Secretary of State November 16, 1983 Honorable Ralph W. White Clerk of Circuit Court Post Office Box 1680 Key West, Florida 33040 Dear Mr. White: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge: NK/ 1. Receipt of your letter/s of and certified copy/ies of County Ordinance/s No./s Monroe 83-27 and 83-28 2. Receipt of County Ordinance/s relative to: ( a ) -- -- which we have numbered (b) — — - which we have numbered 3. We have filed this/these Ordinance/s in this office on November 16, 1983. 4. The original/duplicate copy/ies showing the filing date is/are beiftg returned for your records. Cordially, (Mrs.) Nancy Kavanaugh Chief, Bureau of haws FLORIDA-State of the Arts