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Ordinance 022-1999 ORDINANCE NO. 022 -1999 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS REPEALING THE EXISTING CHAP. 9.5, ART. VIII, SECTIONS 9.5-451 THROUGH 9.5-460, M.C.C.; CREATING A SUBSTANTIAllY REVISED CHAPTER 9.5, ART. VIII, SECTION 9.5-451 THROUGH 9.5-460, MONROE COUNTY CODE, IN ORDER TO PROVIDE FOR THE PRESERVATION OF HISTORICAL PROPERTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Land Development Regulations were adopted by the Board of County Commissioners on September 28, 1986; and WHEREAS, Section 9.5-511 of the Monroe County Code stipulates that the County may make necessary adjustments to the land Development Regulations in light of changed conditions; and WHEREAS, the Board of County Commissioners directed staff to draft an Historic Preservation Ordinance in compliance with the Monroe County Year 2010 Comprehensive Plan on January 14, 1998; and WHEREAS, the Development Review Committee recommended approval of the request for a text amendment to the Planning Commission during a regular meeting held on March 4, 1999; and WHEREAS, the Planning Commission recommended approval of the request to the Board of County Commissioners during a public hearing on April 23, 1999; and WHEREAS, the Board of County Commissioners during a public hearing held on June 9, 1999, conducted a review and consideration of an amendment to Sections 9.5-144 and 9.5-451 through 9.5-460 of the Monroe County Code concerning Archaeological, Historical, and Cultural landmarks filed by the Monroe County Planning Department; and WHEREAS, Article XI of Chapter 9.5 sets forth the requirements for amending the text of the land development regulations. Specifically, Section 9.5-511 (d)(5)b sets forth six criteria for amending the land development regulations, at least one of which must be met. In this case, items (iv) New issues and (v) Recognition of a need for additional detail and comprehensiveness, support the proposed amendment. The existing Monroe County historic preservation ordinance does not contain a level of detail sufficient to further preservation in the Florida Keys; and WHEREAS, in January of 1996, Monroe County enacted the Year 2010 Comprehensive Plan, which directs the County to adopt an historic preservation ordinance in accordance with the State's Certified local Government program to ensure historic preservation grants from the State; and WHEREAS, Comprehensive Plan Goal 104 states that the County shall protect, and preserve its historic resources; and recogni~ ~i9nase, ." -:'~ .....'l!Io \.D ___ ~ _ ;;;,~ r- o ;...:: ;'~: ~ iI"J Pl ~ --< .:z:: 0 C} . r- f'\,) "'rJ (=~ CJ . ,f:- 0 ~ ?.J ::.-~.t: ::0 .:z:a :;! c-:. :x;ry . ':-;::r: iI"J " ';:" 5 C"') r- C) .. 0 1> r'l1 - :0 ......, 0 WHEREAS, Comprehensive Plan Policy 104.3.1 stipulates that the County shall adopt land development regulations constituting an Historic Preservation Ordinance to provide protection for historic resources listed on the Florida Keys Historic Register; and WHEREAS, Comprehensive Plan Objective 104.6 mandates Monroe County to coordinate with public agencies and non-profit organizations to protect, preserve, and increase awareness of historic resources; and WHEREAS, historic preservation in areas of the County, such as Old Tavernier, will promote "pride of place" while strengthening community identity; and WHEREAS, historic preservation efforts will assure that future generations will be able to appreciate local history through the study of historic architecture and archaeological sites; and WHEREAS, the proposed text amendment is consistent with Section 9.5-511 of the Monroe County Code; and WHEREAS, the proposed test amendment is consistent with and furthers the goals of the Monroe County Year 2010 Comprehensive Plan; and WHEREAS, the proposed text amendment is in the interest of public welfare. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT; Section 1. Chapter 9.5, Article VIII, Division 1, Sections 9.5-451 - 9.5-460, Monroe County Code, are hereby repealed. Section 2. Chapter 9.5, Article VIII, Division 1, Sections 9.5-451 - 9.5-460, Monroe County Code, shall hereby read as follows: ARTICLE VIII DIVISION 1. ARCHAEOLOGICAL, HISTORICAL OR CULTURAL LANDMARKS Sec. 9.5-451. Purpose. It is hereby declared a matter of public policy that the protection and enhancement of properties of historical, cultural, archeological, and architectural merit are in the interests of the health, prosperity, and welfare of the people of Monroe County. Therefore, this article is intended to: 2 (a) Effect and accomplish the protection and enhancement of buildings, structures, improvements, landscape features, and archeological resources of sites and districts which represent distinctive elements of the County's cultural, social, economic, political, scientific, prehistoric, and architectural history; (b) Safeguard the County's historical, cultural, archeological, and architectural heritage, as embodied and reflected in such individual sites, districts, and archeological areas; (c) Foster civic pride in the accomplishments of the past; (d) Protect and enhance the County's attraction to visitors and thereby support and stimulate the economy; (e) Promote the use of individual sites and districts for the education, pleasure, and welfare of the people of Monroe County; and (f) Acknowledge historic property with minimal cost to the property owner. Sec. 9.5-452. Definitions. (a) Designated historic property means a building, site, structure, or object that is designated as an archeological, historical, or cultural landmark under this Article. (b) Improvement means changes in the condition of real property brought about by the expenditure of labor or money for restoration, renovation, rehabilitation, or reconstruction of designated historic properties. (c) National Register of Historic Places means the list of historic properties significant in American history, architecture, archeology, engineering, and culture, maintained by the Secretary of the Interior, as established by the National Historic Preservation Act of 1966 (16 USCA 470), as amended. 3 (d) Historic Preservation Commission, referred to in this Article as the HPC, means the board of citizens appointed by the Board of County Commissioners of Monroe County, Florida, to perform the functions delegated to it by this Article. (e) Ordinary repairs or maintenance means the work done to prevent the deterioration of a building or structure, or any part of a building or structure, by keeping the building or structure as nearly as practicable to its condition before any deterioration, decay, or damage. (f) Reconstruction means that process of reproducing by new construction, the exact form and detail of a demolished ~uilding, structure, or object, as it appeared at a certain point in time. (g) Renovation or rehabilitation of historic sites, or the portion(s) of those sites that have historical or cultural significance, means the act or process of returning a property to a state of utility through repair or alteration that makes possible an efficient contemporary use while preserving those portions or features of the property that are significant to its historical, architectural, cultural, and archeological values. For historic properties, or the historic portions of such properties that are of archeological significance or that are severely deteriorated, renovation or rehabilitation means the act or process of applying measures designed to sustain and protect the existing form and integrity of a property, or re- establishing the stability of an unsafe or deteriorated property while maintaining the essential form of the property as it presently exists, (h) Restoration means the act or process of accurately recovering the form and details of a historic property and setting, as it appeared at a particular period of time, by means of the removal of later work or by the replacement of missing earlier work. (i) Demolition means the complete constructive removal of a building, structure, or object on any site. 4 (j) Demolition by neglect means abandonment of a building or structure by the owner resulting in such a state of deterioration that its self-destruction is inevitable, or where demolition of the building or structure to remove a safety hazard is a likely result. (k) Certificate of appropriateness means an authorization for work to be done to a designated historic property. A certificate of appropriateness is not a building permit. A Monroe County building permit shall be issued prior to the commencement of work on an historic structure. There are two types of certificates: (1) a regular certificate of appropriateness issued by the planning director for ordinary repairs or maintenance to a designated historic property; and (2) a special certificate of appropriateness issued directly by the historic preservation commission for the renovation, rehabilitation, restoration, or demolition of a designated historic property, or for permission to dig in the case of an archeological landmark. All renovation, rehabilitation, restoration, or demolition of historic public property shall also be approved by the board of county commissioners, following recommendation by the historic preservation commission. (k) Undue economic hardship means an inordinate burden on the owner's use of his property or, in the case of properties producing income at the time of the application for a special certificate of appropriateness, failure to achieve a reasonable economic return as measured against commercial properties of similar nature and location as expected by market conditions. Sec. 9.5-453. Historic Preservation Commission. (a) Historic Preservation Commission: The historic preservation commission (HPC) is a governmental agency of Monroe County. The HPC is vested with the authority to designate 5 and regulate historical properties within the unincorporated area of the County as prescribed in this Article. (b) Appointment and Membership Qualifications: The HPC consists of five members appointed by the board of county commissioners. Each member shall be a resident of Monroe County at the time of appointment and during his term(s) in office. To the extent possible, the board of county commissioners shall appoint four individuals who are professionals in any of the disciplines of architecture, history, architectural history, planning, archeology, or other historic preservation related disciplines such as urban planning, American studies, cultural geography, or cultural anthropology. The board of county commissioners shall also appoint one lay individual with a demonstrated special interest, experience, or knowledge in history, architecture, archaeology, or related disciplines. (c) Membership Removal, Terms, and Vacancies: HPC members serve overlapping terms of three years. Initially two members shall be appointed to one-year terms and three members to two-year terms. After the initial appointments, all appointments are for three years. HPC members serve without compensation, but are entitled to the reimbursement of expenses as provided in Section 112.61, (F.S.). A member may be removed from office prior to the expiration of his term for cause by a majority vote of the board of county commissioners. However, a member will automatically vacate his seat if the member fails to attend four meetings in a calendar year. When a vacancy in office due to absence occurs, the board of county commissioners shall appoint a replacement to serve out the remainder of the vacated member's term, within sixty (60) days. (d) Organization and Administration: The members of the HPC shall elect a chairman and vice chairman, for a one-year term each. The chairman or, in the absence of the chairman, the vice-chairman, shall preside at all meetings and may vote. The planning director shall designate staff to advise and provide clerical support to the HPC. The HPC secretary, designated by the planning director, shall record and transcribe the minutes of all 6 commission meetings. The Attorney assigned to the Growth Management Division shall be the attorney to the HPC. The planning director shall be the custodian of all HPC records. The HPC shall meet at least once per month at a date and time established by the HPC, unless there is no business pending. However, regardless of the lack of pending business, the HPC shall meet at least six times during a calendar year. To the maximum extent practicable, HPC meetings shall be held at locations throughout the Upper, Middle, and Lower Keys, that are closest in proximity to the majority of discussion items on the agenda. (e) Notice: Notice of meetings required under this Article shall be given in accordance with section 9.5-45 of the Monroe County Code. (f) Public Hearings: Hearings required under this Article shall be conducted in accordance with Section 9.5-46(c) of the Monroe County Code. (g) Powers and Duties: The HPC has the following powers and duties: (1) adopt and amend rules of procedure to the extent such that they are not inconsistent with this Chapter, or the laws of Florida; (2) make recommendations to the board of county commissioners to designate historic property, and if necessary, recommend rescission of such designations; (3) to issue or deny certificates of appropriateness in accordance with this Article; (4) to entertain appeals of the planning director's denial of certificates of appropriateness, and reporting the HPC's findings to the planning director for action; (5) determine whether a substantially damaged designated historic building, structure, object, or site may be reconstructed using the criteria set forth in Section 9.5-455(d). (6) determine whether an historic designation should be rescinded; (7) advise the planning commission and the board of county commissioners on all matters related to historic preservation policy, including the use, administration, and maintenance of publicly-owned historic properties; 7 (8) recommend land development regulations, comprehensive plan amendments, and building code amendments to the planning director to assist in the preservation of historic properties; (9) make recommendations on nominations of historic property to the National Register of Historic Places; (10) recommend to the board of county commissioners, financial and technical incentive programs to further the objectives of historical preservation; (11) prepare and maintain a publicly-accessible survey identifying historic buildings, sites, structures, objects, and archeological sites in unincorporated Monroe County, which are to become part of the Florida Site File; (12) promote the awareness of historic preservation and its community benefits; (13) identify and recommend to the board of county commissioners, sources for grant assistance from state, federal, and private sources for the purpose of historic preservation; (14) provide an annual report to the board of county commissioners detailing the actions of the historic preservation commission during the prior year and the current state of historic preservation in the unincorporated area of the County; (15) assist County staff in the application for County certification from the State Historic Preservation Officer as a certified local government; (16) members of the HPC and its staff should attend pertinent informational or educational meetings, workshops, and conferences, once a year with compensation and prior written notice; (17) seek expertise on matters requiring evaluation by professionals of a discipline not represented; and (18) perform any other duty assigned to it by the board of county commissioners. 8 Sec. 9.5-454. Criteria for the designation of historic properties. (a) The HPC may recommend the designation as historical property those buildings, sites, structures, or objects, that possess integrity of location, design, setting, materials, workmanship, feeling, and association as follows: (1) that are significant in the history of Monroe County, the State of Florida, or the United States, or are associated with events that are significant in the history of Monroe County, the State of Florida or the United States; or (2) that are associated with lives of individuals significant in the past; or (3) that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or (4) that have yielded or may be likely to yield information important in prehistory or history. (b) Ordinarily cemeteries, birthplaces, or graves of historical figures, properties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations, reconstructed historical buildings, properties primarily commemorative in nature, and properties that have achieved significance within the past 50 years, may not be recommended for designation as historical properties by the HPC. However, such properties may be designated if they fall within the following categories: (1) a religious property deriving primary significance from architectural or artistic distinction, or historical importance; or (2) a building or structure removed from its original location but which is significant primarily for architectural value, or which is the surviving structure most importantly associated with an historic person or event; or 9 (3) a birthplace or grave of a historical figure of outstanding importance if there is no appropriate site or building directly associated with his or her productive life; or (4) a cemetery which derives its primary significance from the graves of individuals of transcendent importance, from age, from distinctive design features, or from association with historic events; or (5) a reconstructed building, when done in accordance with this article; or (6) a property primarily commemorative in intent if design, age, tradition, or symbolic value has invested it with its own exceptional significance; or (7) a property achieving significance in the past 50 years, if it is of exceptional importance. Sec. 9.5-455. Historic designation process. (a) Initiation of Historic Designation Process: The designation process under this Article shall be initiated by the submission of an application requesting historic designation to the planning department, on a form prescribed by the planning director, by either the owner of the proposed historic property or any third party with the concurrence of the owner. (1) The planning director shall have fifteen (15) working days to determine if the application is complete. If the planning director finds that the application is not complete, he shall serve written notice to the applicant specifying the application's deficiencies. The planning director shall take no further action on the application unless the deficiencies are remedied. (2) If the planning director fails to make a determination of completeness within fifteen (15) working days, the application is deemed complete. (3) Once the application is deemed complete, the planning director shall prepare a designation report with recommendations for submittal to the historic preservation 10 commission, and advertise and schedule a public hearing for consideration by the HPC of the requested designation in a manner prescribed by Sections 9.5-453(e) and 9.5- 453(f), of the Monroe County Code. (b) Action by the Historic Preservation Commission on the proposed designation: Following the conclusion of the public hearing, the HPC shall render, by written resolution, its decision recommending approval or denial of a proposed historic property designation. The resolution shall include the elements set forth in Section 9.5-47(b), of the Monroe County Code. If the resolution is one recommending approval of the designation, the resolution shall accurately describe all character-defining elements of the property. (c) Action by the Board of County Commissioners: The board of county commissioners shall consider the proposed designation and recommendations of the HPC and the planning director, and shall act to designate the property as historic, or reject the proposed designation by way of resolution. If the resolution designates the property as historic, the property owner shall be furnished a copy of the SoCC resolution by certified mail after its filing by the Clerk of the Circuit Court. (d) Reconstruction of substantially damaged historic sites: When a designated historic building, structure, object, or site has been substantially damaged, the HPC shall determine through an evaluation of architectural integrity, whether the building, structure, object, or site can be reconstructed using the following criteria. (1) Whether there is sufficient evidence such as photo-documentation, measured drawings, or other physical evidence to accurately depict the form and detail of the original resource. (2) Whether the original construction materials, or substitute materials that are sufficiently similar so as to convey the original qualities of construction, are readily available. 11 (3) Whether the interior spaces are especially significant to the form and function of the building. If so, the HPC shall define the parameters necessary to adequately convey those interior spatial characteristics as requirements in the reconstruction effort. (4) Whether the applicant has demonstrated a commitment to the reconstruction effort by making every reasonable effort to preserve or salvage the remaining significant features of the property. (5) Whether there are other unique factors or circumstances that would make reconstruction desirable. If the HPC determines that a historic designated building, structure, object, or site may be reconstructed, the property owner may submit a reconstruction plan for consideration based on the criteria enumerated in Section 9.5-455(e). If the property owner chooses not to reconstruct, the HPC may recommend rescission of the historic designation using the procedure stipulated in Section 9.5-455(f). (e) Reconstruction criteria: Reconstruction of a historic designated site shall be carried out in accordance with the following criteria. (1) Reconstruction shall be used to depict non-surviving portions of a property when such reconstruction is essential to the public understanding of the property, and documentary and physical evidence is available to permit accurate reconstruction. (2) Reconstruction of a building, landscape, structure, or object in its historic location shall be preceded by a thorough archeological investigation identifying and evaluating those features and artifacts, which are essential to an accurate reconstruction. If such resources must be disturbed, mitigation measures shall be undertaken. (3) Reconstruction shall include measures preserving any remaining historic materials, features, and spatial relationships. (4) Reconstruction shall be based on the accurate duplication of historic features and elements substantiated by documentary or physical evidence rather than on conjectural 12 designs or the availability of different features from other historic properties. A reconstructed property shall re-create the appearance of the non-surviving historic property in materials, design, colors, and texture. (5) All "reconstructions" shall be clearly documented as being contemporary re-creations. (f) Amendment or Rescission of Designation: An historic designation may only be amended or rescinded by complying with the same procedures as the original approval. However, the planning director's report need only contain a recommendation to grant or deny the rescission or amendment, and the reasons therefor. (1) The HPC resolution recommending rescission of the designation shall be based on competent and substantial evidence supporting the rescission. (2) Final approval of rescission shall come from the board of county commissioners. (3) If rescission is the result of a request by the property owner, or as a result of the demolition of the historic structure by the property owner, the board of county commissioners may revoke the ad valorem tax exemption as stipulated in Section 9.5- 465, of the Monroe County Code. Sec. 9.5-456. Certificates of appropriateness. (a) Certificate of Appropriateness Required: Except as provided herein, a building, moving, or demolition permit, or any other development order, shall not be issued for a designated historic property until a certificate of appropriateness is awarded. However, a certificate of appropriateness is not required for the issuance of any building permits for interior improvements to a designated historic property, unless the interior of the subject historic property is cited as significant in the property's designation. (b) Regular Certificate of Appropriateness: A regular certificate of appropriateness is required for ordinary repair and maintenance that requires a building permit, except as provided for in 13 Section 9.5-456(a), of the Monroe County Code. A regular certificate shall be issued for any work that will, to the satisfaction of the planning director, not change the appearance of the building, structure, or object. The owner of a designated historic property who desires a regular certificate of appropriateness shall file an application with the planning department, on a form prescribed by the planning director. Upon the receipt of a complete application for a regular certificate of appropriateness, the planning director shall approve the application, deny it, approve it with conditions, or pass the application on to the HPC for further review. If the decision is to deny or pass the application to the HPC, the planning director shall notify the owner of the decision by certified mail. A denied application shall include an explanatory statement of the planning director's basis for his decision. The planning director's decision may be appealed pursuant to Section 9.5-521, of the Monroe County Code. (c) Special Certificate of Appropriateness: A special certificate of appropriateness shall be required prior to the issuance of a building permit and shall be issued for any work involving the substantial improvement, relocation, or new construction that will result in a change to the original appearance of a designated historic property. The owner of a designated historic property who desires a special certificate of appropriateness shall file an application with the planning department, on a form prescribed by the planning director. The application shall contain the full plans and specifications, a site plan, and if deemed applicable, samples of any materials necessary to fully describe the proposed appearance, colors, texture, materials, and design of the building or structure, any outbuilding, wall, courtyard, fence, unique landscape feature, paving, signage, and exterior lighting. The information shall be adequate to enable the HPC to visualize the effect of the proposed work on the historic property. When the planning director determines that the application is complete, he shall schedule and notice the application for a public hearing before the HPC, in accordance with Section 9.5-453(e), of the Monroe County Code. In determining 14 whether to grant or deny the application, or grant it with conditions, the HPC shall evaluate the application according to a set of guidelines based on the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. At the conclusion of the public hearing, the HPC shall, by written resolution; grant, deny, or grant with conditions, the application. The resolution shall contain the elements set forth in Sec. 9.5-47(b), of the Monroe County Code, together with an explanation of the basis for the HPC's decision. Upon the filing of the resolution with the secretary to the HPC, the secretary shall send a certified copy of the resolution by registered mail to the applicant. (d) Demolition: A special certificate of appropriateness is required before a demolition permit may be issued for the removal of all or a portion of a designated historic site. This subparagraph shall not apply to a demolition order issued by a governmental agency with jurisdiction to issue such orders, or a demolition order of a court of competent jurisdiction. If the owner of a designated historic site desires to demolish any significant feature(s), they shall file an application for a special certificate of appropriateness with the planning department, on a form prescribed by the planning director. The application shall detail the reasons why demolition is necessary and shall provide detailed plans for the reuse of the historic site. (1) If undue economic hardship is claimed as the basis for demolition, the application shall contain the following information: a. The amount paid for the property, the date of purchase, and the party from whom it was purchased; b. The assessed value of the land and improvements thereon according to the two most recent property tax assessments; c. The amount of real estate taxes assessed for the previous two years; d. The annual debt service, if any for the previous two years; 15 e. All appraisals obtained within the previous two years by the owner or applicant in connection with the purchase, financing, or ownership of the property; f. All listings of the property for sale or lease, including the price asked and any offers received; and g. Any profitable adaptive uses for the property which have been considered by the owner. (2) If undue economic hardship is claimed for income-producing property, the application shall include the following information: a. the annual gross income from the property for the previous two years; b. itemized operating and maintenance expenses for the previous two years; and c. the annual cash flow, if any, for the previous two years. (3) When the planning director determines that the application is complete, he shall schedule the application for a public hearing before the HPC and cause notice of the public hearing to be given. In determining whether to grant or deny the application, the HPC shall evaluate the application according to the following standards: a. Whether the building or structure is of such design, craftsmanship, or materials that it could be reproduced only with great difficulty or expense. b. Whether the building or structure is one of the last remaining examples of its kind in the neighborhood or County. c. Whether retention of the building or structure would promote the general welfare of the County by providing an opportunity for the study of local history or prehistory, architecture and design, or by developing an understanding of the importance and value of a particular cultural heritage. d. Whether there are plans for the reuse of the property if the proposed demolition is carried out, and the effect of those plans on the character of the surrounding area. 16 e. Whether the denial of the application will result in an inordinate burden being placed on the owner's use of the property. (4) At the conclusion of the public hearing, the HPC shall, by written resolution, grant, grant with conditions, or deny the application. The resolution shall contain the elements set forth in Section 9.5-47(b), of the Monroe County Code, together with an explanation of the basis for the HPC's decision. Upon the filing of the resolution with the secretary to the HPC, the secretary shall send a copy of the resolution, by certified mail, to the applicant. If the HPC grants the application for a special certificate for demolition, it may delay the effective date of the certificate for 90 days to allow the HPC to take such steps as it deems necessary to preserve the historic property. Such steps may include, but are not limited to, consultation with civic groups, public agencies, and interested citizens, recommendations for the acquisition of the historic property by public or private bodies or agencies, or moving the building or structure to another location. The delay of the effective date of the resolution shall also extend the 30 day appeal period as provided in Section 9.5-468 and Article XIV, to 120 days from the filing date of the resolution with the secretary to the historic preservation commission. (e) Archeological Landmark: A special certificate of appropriateness is required before a building permit or other development order may be issued for a designated historic property that contains an archeological landmark or known archeological site. This subparagraph does not apply to digging or other excavation conducted by entities devoted to scientific and archeological research or education, when conducted solely for the purposes of research and education. An owner of an archeological landmark or known archeological site, who desires to develop it, shall file an application for a special certificate of appropriateness with the planning department, on a form prescribed by the planning director. 17 (1) The application shall describe in detail the development proposed for the archeological landmark together with a proposed site plan. The application shall also contain the following: a. a scientific evaluation of the site by an archeologist (including excavation if determined necessary by the archeologist) at the applicant's expense; b. an archeological survey, conducted by an archeologist, containing an analysis of the impact of the proposed development on the archeological site; c. a proposal for mitigation measures; and d. a proposed plan for the protection or preservation of all significant parts of the archeological landmark. (2) When the planning director determines that the application is complete, he shall schedule the application for a public hearing before the HPC and cause notice of the public hearing to be given. In determining whether to grant, deny, or grant with conditions, the application, the HPC shall consider the application according to the following factors. a. The extent to which the proposed development will alter, disturb, or destroy the archeological landmark. b. The rarity or significance of the archeological landmark is within the County. c. Whether mitigation or a redesign of the proposed development will allow the archeological landmark to be preserved intact while allowing the owner a reasonable economic return on his property. d. Whether a denial of the application will result in an inordinate burden being placed on the owner's use of his property. (3) At the conclusion of the hearing, the HPC shall, by written resolution; grant, deny, or grant with conditions, the application. The resolution shall contain the elements set forth in Section 9.5-47(b) of the Monroe County Code, together with an explanation of 18 the HPC's decision. Upon the filing of the resolution with the secretary to the HPC, the secretary shall send a copy of the resolution, by certified mail, to the applicant. Sec. 9.5-457. Nonconforming structures. (a) Authority to continue: Nonconforming structures that are designated historic shall be permitted to continue in accordance with section 9.5-144, except as provided below. (b) Flood elevation requirements: Structures that are designated historic shall be exempt from FEMA flood elevation requirements in accordance with Section 9.5-317(7) of the Monroe County Code. (c) Substantial improvements: A nonconforming structure that is designated historic may be substantially improved in accordance with the provisions of Sections 9.5-455(d), and if necessary, 9.5-523(e) of the Monroe County Code. Sec. 9.5-458. Maintenance of Designated Historic Property. (a) Nothing in this Article shall be construed to prevent the ordinary maintenance, repair, or improvement, which does not involve a change of design, appearance, or material, or prevent ordinary maintenance of landscaping features. (b) Where the HPC determines that a designated historic building, structure, object, or site, is endangered by lack of maintenance and repair, it shall notify appropriate officials of the County, so that the County may seek correction of such deficiencies under authority of applicable laws and regulations. (c) In the event the building official determines that any designated historic structure is unsafe pursuant to section 103.5 of the Standard Building Code, he shall immediately notify the HPC of such findings. Where feasible within applicable laws and regulations, the building official 19 shall endeavor to have the structure repaired rather than demolished and shall take into consideration any comments and recommendations of the HPC. The HPC may take appropriate actions to effect and accomplish preservation of such structure including, but not limited to, negotiations with the owner and other interested parties, provided that such actions do not interfere with procedures in Section 103 of the Standard Building Code. Sec. 9.5-459. Appeals. Appeals from decisions of the historic preservation commission under this Article shall be pursuant to Chapter 9.5, Article XIV, of the Monroe County Code, except that where "secretary to the planning commission" and "planning commission" are referred to in Article XIV, those phrases shall be read as referring to the "secretary to the historic preservation commission" and "historic preservation commission," respectively. Sec. 9.5-460. Assignment of the Planning Director's Duties and Fees. (a) The board of county commissioners may enter into an agreement with the Historic Florida Keys Foundation (the Foundation) assigning to the Foundation, some or all of, the duties of the planning director under this Article. (b) The board of county commissioners may, by resolution, establish a schedule of fees for the applications and appeals provided for in this Article. 20 Section 3. Section 9.5-144, M.C,C.. shall herebv read as follows: Sec. 9.5-144. Nonconforming structures. (a) Authority To Continue: A nonconforming structure devoted to a use permitted in the land use district in which it is located may be continued in accordance with the provisions of this section. (b) Ordinary Repair and Maintenance: Normal maintenance and repair of registered nonconforming structures may be performed. (c) Enlargements and Extensions: Nonconforming structures which are used in a manner conforming to the provisions of this chapter may be enlarged or extended provided that the nonconformity is not further violated. (d) Relocation: A nonconforming structure, other than an historic structure previously listed on the National Register of Historic Places or the Florida Inventory of Historic Places, or designated as historic by the board of county commissioners, shall not be moved unless it thereafter shall conform to the regulations of the land use district in which it is located. (e) Termination: (1) Abandonment: Where a nonconforming structure is abandoned for twelve (12) consecutive months, then such structure shall be removed or converted to a conforming structure. (2) Damage or destruction: a. Any part of a nonconforming structure which is damaged or destroyed to the extent of less than fifty (50) percent of the fair market value of such structure may be restored as of right if a building permit for reconstruction shall be issued within six (6) months of the date of the damage. b. Except as provided in article VIII, division 1, section 9.5-455, article VII, division 6, in regard to mobile homes, and section 9.5-267, any nonconforming structure which is damaged or destroyed so as to require substantial improvement may be repaired or restored only if the structure conforms to the provisions of the land use district in which it is located. Fair market value shall be determined by reference to the official tax assessment rolls for that year or by an appraisal by a qualified independent appraiser. The extent of damage or destruction shall be determined by the building official, in consultation with the director of planning, by comparing the estimated cost of repairs or restoration with the fair market value. (Ord. No. 33-1986, ~ 7-104; Ord. No. 40-1987, ~ 47) Annotation - The intent of amendment 47, adding subsection (c), was to provide for limited improvements to nonconforming structures, such as accessory use for single-family houses, Le" carports, garages, swimming pools, etc, Existing subsections (c), (d) were redesignated (d), (e) by the editor, 21 Section 4. Severability. 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. Repeal of inconsistent ordinance clauses. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. Section 6. Rescission of an existing Historic Property Designation. Owners of properties currently listed on the Monroe County Register of Historical and Cultural Landmarks are hereby given sixty (60) days after the enactment of this ordinance to examine this Article and, if desired, rescind their historic designation without additional expense to the property owner. During the sixty-day examination period, a written request submitted to the planning department by certified mail, by the property owner, shall constitute rescission. If the owner of a property designated historic before the enactment of this ordinance does not rescind the designation within the sixty-day examination period, the property shall retain its historic designation. At the conclusion of the sixty-day examination period, an historic designation may only be rescinded in accordance with the provisions of this ordinance. Section 7. Inclusion in the Monroe County Code. 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. 22 Section 8. Transmittal to state land planning agency for approval. This Ordinance is hereby transmitted to the State land Planning Agency for approval or disapproval pursuant to F.S. 380.0552(9). Section 9. Effective date. This Ordinance shall be filed in the Office of the Secretary of State of the State of Florida, but shall not be deemed effective until approved by the State land Planning Agency. PASSED AND ADOPTED THE BOARD OF COUNTY COMMISSIONERS of Monroe County, Florida, at a regular meeting of said Board held on the 9 th day of June ,1999. Mayor Wilhelmina Harvey Mayor Pro Tem Shirley Freeman Commissioner George Neugent Commissioner Nora Williams Commissioner Mary Kay Reich yes yes yes yes yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY FLORIDA . . ~, - By: ~.t\~uJ-v,,-..-.~~ ~~~ Mayor Wilhelmina Harvey ATTEST: DANNY L. KOLHAGE, CLERK BY (SEAL) APPRO ANDL BY:~~~QM. Deputy rk 0 - HISREV-FINAL-BOCC 23 G0UNik eti4, 1. 16 f' )annp IL. 1aortjage BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE 3117 OVERSEAS HIGHWAY MONROE COUNTY 88820 OVERSEAS HIGHWAY MARATHON,FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY,FLORIDA 33070 TEL.(305)289-6027 KEY WEST,FLORIDA 33040 TEL.(305)852-7145 FAX(305)289-1745 TEL.(305)292-3550 FAX(305)852-7146 FAX(305)295-3660 June 24, 1999 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mrs. Liz Cloud Florida Department of State Bureau of Administrative Code and Laws The Elliot Building 401 South Monroe Street Tallahassee, Fl. 32399-0250 Dear Mrs. Cloud: Enclosed please find a certified copy of Ordinance No. 022-1999 repealing the existing Chapter 9.5,Article VIII, Sections 9.5-451 through 9.5-460,M nroe County Code; creating a substantially revised Chapter 9.5,Article VIII, Section 9.5-451 through 9.5-460,Monroe County Code, in order to provide for the preservation of historical properties; providing for severability; providing for repeal of all ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting, in formal session, on June 9, 1999. Mrs. Liz Cloud June 24, 1999 Page 2 Please file for record. Sincerely, Danny L.Kolhage Clerk of the Circuit Court and ex officio Clerk to the Board of County Commissioners By: Ruth Ann Jantzen De PutA444//a41 e Enclosure ' cc: Mayor Wilhehnina Harvey Mayor Pro Tem Shirley Freeman Commissioner George Neugent Commissioner Mary Kay Reich Commissioner Nora Williams County Attorney County Administrator Growth Management Director File — t 'al • SENDER: I also wish to receive the .° ■Complete items 1 and/or 2 for additional services. in ■Complete items 3,4a,and 4b. following services(for an d ■Print your name and address on the reverse of this form so that we can return this extra fee): (IA! • card to you. g ■Attach this form to the front of the mailpiece,or on the back if space does not 1. 0 Address e's Address . Er permit. d . co ■Write'Retum Receipt Requested'on the mailpiece below the article number. 2. CI Restricted Delivery N « ■The Return Receipt will show to whom the article was delivered and the date O o delivered. Consult postmaster for fee. •1 ° 4a.Article Number <x 3.Article Addressed to: g •d Mrs. Liz Cloud, Chief Z. 4 26 7g5 c a 4b.Service Type .*uteau of Administrative Code and Laws ❑ Registered Certified lz c0 oThe Elliott Building" co w 401 South Monroe Street ❑ Express Mail 0 Insured .y w Return Receipt for Merchandise ❑ COD c Tallahassee, FL 32399-0250 7.Date of Delivery N 1 J� °o z OP8.0az 4 027, !._997 2 .H 5.Received (Print Name) o 8.Addressee's Address(Only if requested 1 By: • W I r, 1 n a h h and fee is paid) H ce 1 o l it it 111 1i4it l 11 lit i -lli-( i i I (1 illii I i , �' PS i Receipt . -- +. Z 426 785 008 us P 5t?rtg Cloud, Chief - V� igittiffiteofdeilind Laws No InsurE#iF@Uslding Do 40*6eanmt 1 affair') e) tallahassee, FL 32399-0250 Street&Number Post Office,State,&ZIP Code Postage • $ j , (Q e ) f 's Certified Fee �.,... � Special Delivery Fee Restricted Delivery Fee • / Y .n Re ipt Showing to N. Q D , dressee's Address����tt ;id 23TTL f fie 1`P 3© P rk or Date �■i� 0 cn a IISPS I. DIVISIONS OF FLORIDA DEPARTMENT OF STATE Office of the Secretary Division of Administrative Services Division of Corporations Di vision of Cultural Affairs Division of Elections Division of Historical Resources Division of Library and Infonnation Services Division of Licensing MEMBER OF THE FLORIDA CABINET HISTORIC PRESERVATION BOARDS Historic Rorida Keys Preservation Board Historic Palm Beach County Preservation Board Historic Pensacola Preservation Board Historic SI. Augustine Preservation Board Historic TalIahassee Preservation Board Historic TampalHilIsborough County Preservation Board FWRIDA DEPARrMENT OF STATE Katherine Harris Secretary of State DNISION OF ELECTIONS RINGLlNG MUSEUM OF ART Honorable Danny L. Kolhage Clerk of the Circuit Court Monroe County 500 Whitehead Street Key West, Florida 33040 - - "'T\ r= fT1 o .." o ~ ;0 rT1 C"'> o ?J o June 28, 1999 :1: ,,-J o -C.,. % '::;. :::0 n:::-; or": rn~- ("")' c- o ("") . c::-.'" x?Oc; .....C)I -<.....::c . . ):> -T'\ C> r- ("11 'P \.D \,Q ~ l Q'\ -0 :x c.n ;:- Attention: Ruth Ann Jantzen, Deputy Clerk Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge letters dated June 21, 1999 and certified copies of Monroe County Ordinance Nos. 022-1999 and 027-1999, which were filed in this office on June 24,1999. Si~~ Liz Cloud, Chief Bureau of Administrative Code LC/lc BUREAU OF ADMINISTRATIVE CODE The Elliot Building . 401 South Monroe Street . Tallahassee, Florida 32399-0250 . (850) 488-8427 FAX: (850) 488-7869 . WWW Address: http://www.dos.state.fl.us . E-Mail: election@mail.dos.state.jl.us • • • MUNICIPAL r.:F ,:n-fu .r CCustome ;...r:ize PD Box 2235 s_ ; f .. Tallahassee, Fl 32316-2235 U.S.POSTAO' s P: tr 10/1/1999 OCT-4'99 so Supplement 67 We have received the following material. �C beseoas 'Thank you for your assistance and cooperation. ?. Ordinance No. 022-1999. 1-800-262-2633 (National) BJJ TO: Let us put your minutes on computer for you... Ms. Isabel C. DeSantis 'We can index, image and convert to database. Deputy Clerk x.ss ASK US ABOUT LASERFICUE IMAGING SOFTWARESfx•H Monroe County Put your Code and Minutes on the Internet. 500 Whitehead Street ,See over 500 Codes at uww.aunicode.com Key West, FL 33040 We can reprint copies of any section of the Code Call our Customer Service Department for costs. • I,1II1►�1:1.�11�� I111,�, 11, rll��lri1 � 11{ J1 �1„! ) Growth Management Division Board of County Commissioners 2798 Overseas Highway � Mayor Wilhelmina Harvey,Dist. 1 Suite 400 Mayor Pro Tern Shirley Freeman,Dist.3 dk Marathon,Florida 33050 ' Commissioner George Neugent,Dist.2 Voice:(305)289-2500 :5 Commissioner Nora Williams,Dist.4 FAX: (305)289-2536 ', --.• oar• Commissioner Mary Kay Reich,Dist.5 September 21, 1999 VIA CERTIFIED MAIL- RETURN RECEIPT REQUESTED Municipal Code Corporation Supplement Department 1700 Capitol Circle, SW Tallahassee, FL 32310 ATTN: Ms. Evelyn Jefferson RE: Monroe County Ordinance No. 022-1999 Historic Resources Dear Ms. Jefferson: Enclosed is a copy of Monroe County Ordinance 022-1999 with amended Land Development Regulations, Sections 9.5-451 through 9.5-460, regarding the historic resources. This ordinance was adopted by the Monroe County Board of County Commissioners on June 9, 1999 and was transmitted to the Department of Community Affairs for review on June 25, 1999. We received confirmation from DCA that Final Order DCA99-OR- 151, dated August 10, 1999, approved the ordinance and that it became effective on September 10, 1999. I am forwarding this ordinance and its corresponding Land Development Regulations to you for incorporation into the Monroe County Code. If you have any questions, please call me at (305) 289-2517. Thank you for your assistance. Sincerely, 010A.,/ Colleen ardner, Executive Assistant '`d13',UM(W 30JHOW Growth Management Division :1.0.11I3 3DVH 10}1 '1 ANNVO Enclosure CZ :6 WV 8 Z d3S 6661 080338 60.J 0311.1 1 cc: Board of County Commissioners Danny L. Kolhage, Clerk James L. Roberts, County Administrator James T, Hendrick, County Attorney Timothy J. McGarry, Director of Growth Management Garth C, Coller, Land Use Attorney Ralph Gouldy, Director of Environmental Resources Kim Ogren, Sr, Administrator, Comprehensive Plan Linda Fatora, Graphics Coordinator Director of Planning 2 Your Upper Keys Connection THE REPORTER P.O. Box 1197. Tavernier, Florida 33070-1197 (305) 852-3216 Fax: (305) 852-0199 PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority personally appeared JACKL YN R. HARDER who on oath, says that she is ASSOCIATE PUBLlSHERlEDITOR of THE REPORTER, a weekly newspaper entitled to publish legal advertising published at Tavernier, Monroe County, Florida: that the attached copy of advertisement, being LEGAL NOTICE in said newspaper in the issue of: May 20th 1999 Affiant further says that THE 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 she has neither paid nor promised any firm, person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper and that The Reporter is in full compliance with Chapter 50 of the Florida ~late Statutes on Legal and Official AdVji rments. fIRM _ 0lIlIIII1111 filII . .....- ......... ....1iIIIIIIN~ 0(' ti. Ot-Z,./99? The Monroe County Board of County Commissioners will consider proposals to regulate the use of land within the area shown in this map in this advertisement. Public hearings on the proposed changes will be held on June 9, 1999, at 10:00 A.M, at the Marathon Government Center. Second Floor, 2798 Overseas Highway, Marathon. Florida. These hearings are being held in accordance with the provisions of Section 9.5-) 11 of the Monroe County Code, and Chapters 125.66 and 163.3 187. Florida Statutes. The purpose of the public hearings are to consider proposed amendments to the Monroe County Code. The Division of Growtll 1..uIlagement is proposing amendments to the following sectiolls: 1) 9.5-144 and 9.5-451 through 9.5-460 pertaining to Archaeological, Historical, and Cultural Landmarks implementing portions of the Monroe County Year 2010 Comprehensive Plan. 2) 9.5-232-253, and 9.5-434 regarding regulations for new and existing wireless communications facilities (including towers) and services in unincorporated Monroe County (this is tile second of two required BOCC public hearings). Copies of the proposed changes are available at the PI<Ullling Department offices in the Upper and Middle Keys during normal business hours. Interested parties may appear at the hearing and be heard regarding the proposed amendment. Pursuant to Florida Statute 286.0105. the County hereby advises the public that: If a'l'erson decides to appeal any decision made by this Commission with respect 10 -:'~y matter considered at its meeting or its hearing. they must ensure that a verbatim record of the proceeding is made. which record includes the testimony and eVidence upon which the appeal is based. ..... 10 , WIlES GULF OF IiEIOCO MONROE COUN fY ~i : '(J)' _ES Published 5/20/99 THE REPORTER . Tavernier, FL 33070 Timothy J. McGarry. AICP. Direclor of Planning 'Monroe County Growth Management Divisioll , 2798 Overseas Highway. Suile 410 Marathon, FL 33050 , (305) 289-2500 FLORIPA KJ; TS KEYNOTER Published Twice Weekly Marathon, Monroe County, Florida PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority person- ally appeared WAYNE MARKHAM who on oath, says that he is PUBLISHER of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper published in Marathon, in Monroe County, Florida: that the attached copy of advertisement was published in said newspaper in the issues of: (date(s) of publication) ~ "t~. /f'19 Affiant further says that the said FLORIDA KEYS KEYNOTER is a newspaper published at Marathon, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in said Monroe County, Florida, twice each week (on Wednesday and Saturday) and has been entered as a second class mail matter at the post office in Marathon, in Monroe County, Florida, for a period of one year .next preceding the first publication of the attached copy of advertisement. The affiant further says that he has neither paid nor promised any person, firm, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper(s) and that The Florida Keys Keynoter is in full compliance with Chapter 50 of the Florida State Statutes on Legal and Official Advertisements. tJrL. 022.-IN9 The Monroe County Board of County Commissioners will consider proposals to regulate the use of land within the area shown in this map in thjs advertisement. Public hearings on the proposed changes will be held on June 9, 1999.. at 10:00 A.M. at the Marathon Government Center, Second Floor, 2798 Overseas Highway, Marathon, Florida. These hearings are being held in accordance with the provisions of Section 9.5 - 511 of the Monroe County Code. and Chapters 125.66 and 163.3187, Florida Statutes. The ,purpose of the public hearings are to consider proposed amendments to the Monroe County Code. The Division of Growth Management is proposing amendments to the following sections: 1) 9.5-144 and 9.5-451 through 9.5-460 pertaining to Archaeological, Historical, and Cultural Landmarks implementing portions of the Monroe County Year 2010 Comprehensive Plan. ' 2) 9.5-232-253, and 9.5-434 regarding regulations for new and existing wireless communications facilities (including towers) and services in unincorporated Monroe County (this is the second of two required BOCC public hearings). Copies of the proposed changes are available at the. Planning Dep~ent offices in the Upper and Middle Keys during normal business hours. Interested parties may; appear at the hearing and be heard v.regarding the proposed amendment. "~BUant to Florida Statute 286.oI 05, the County..bereby advises the I?ublic thaI: if a person decides to appeal any decision made by llib-Commission WIth respect to any matter,considered at its meeting or its hearing, they must ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is based, - o 10 , , ....fa etJlF OF IlIEXICO MONROE COUNTY . . . ..... . . . . IlII.ES Published Keynoter 5/22199 STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority personally appeared Randy G. Erickson, who on oath says that he is Vice-President of Advertising Operations of the Key West Citizen, a daily newspaper published in Key West, in Monroe County, Florida; th e attached copy' of a ertisem t, being a legal notice in the matter of Affiant furthe s s that the Key West Citizen is a newspaper published in Key West, in said Monroe County, Florida and that the said newspaper has heretofore been continuously published in said Monroe County, Florida every and has been entered as second-class mail matter at the post office in Key West, in said Monroe County, Florida, for a period of 1 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, commission or refund for the purpose of securing this advertisement for publication in the said newspaper, ~ The Florida Keys Only Dally N-. Est. 1878 Cooke Communications, LLc Florida Keys Mary Beth Canitano Advertising Coordinator po Box 1800 Key West FI 33041 Office... ... ....305-292-7777 Extension... ... ... ....... .x219 Fax... ... ... ....305-294-0768 mcanitano@keysnews.com INTERNET PUBLISHING keywest.com keysnews.com fIoridakeys,com key-west.com Web Design Services In the issues of --/ NEWSPAPERS The C~izen Southemmosl Flyer Solaras Hill Big Pine Free Press Marathon Free Press Islamorada Free Press Key Largo Free Press Ocean Rae! Press Seaport Log MAGAZINE The Menu Home Guide Citizen Local's Guide Paradise Keys TV Channel Guide MARKETING SERVICES Commercial Printing Cilizen Locals Card Direct Mail FLORIDA KEYS OFFICES Printing I Main Facility 3420 Northside Drive Key West, FL 33040-1800 Tel 305-292-7777 Fax 305-29<Hl768 citizen@keywest.com Orti. 02-2.-/999 RJ~ffi~t Sworn and subscribed before me this~ day of Internet Division 1201 lNhite Street (Suite 103) Key West, FL 33040-3328 Tel 305-292-1880 Fax 305-294-1699 sales@keywest,com Middle Keys Office 6363 Overseas Hwy Marathon, FL (MM 52,5) 33050-3342 Tel 305-74~766 Fax 305-743-9977 navigator@f1oridakeys.com Expires: January 15,2007 Upper Keys Office 81549 Old Hwy PO Box 469 Islamorada, FL (MM81 ,5) 33036.{)469 Tel 305-$4-2266 Fax 305-$4-8411 freepress@floridakeys,com Ocean Reef Office 3A Barracuda Lane Key Largo, FL 33037 Tel 305-367-4911 Fax 305-367-2191 ,2004 Notary Seal B'<~~!.'''~;:;'''' MARY BETH CANITANO ,~''''~0'~'_'',~,,',a,:",,\NotarY Public - State of Florida ~" ~~,., ~MiCcrnmissbnExpiesJan 152007 ,,).. f!'od.. .. ,-" , -";i,.z:yo,0,,~ Commission # DD178046 "',;,':,;",0"" Bonded By National Notary A'iSn. ~.,~.......... Personally Known x Produced Identification Type of Identification Produced ~ ~Q-- ~e~ ~~- :f\ B =2 \~ ~~ <:-o<n s=- ..,., a ~ :E! CD c;?) 6 ~ t ::O-f - :::0 ~c: Z .." :x:- I "I think I'm a better player now than when I was in the Top I 0 because my maturity level has grown and I'm smarter on the court in some mmgs;' saID a wsappomted Bjorkman, whose 6,4, 7-6 (7,3) victory over Mark PhilipP9ussis made the dou. bles the decisive match. Australia's only other trio umph came in 1979 with a team composed of John Alexander, Kim Warwick and Phil Dent. st..ay Ue:U;A. nu[ ! playeu very well from there." Rafter also beat Pete Sampras on Friday as Australia ended the United Slates' title chances, Bjorkman, ranked 27th needed 90 mioutes to beat No: 10 Philippoussis. ending the match with an ace, lia Ruano- -st round. 'm thrilled," beat Elena at lOt from then s a difference moving better physical con- brush with drugs. She has Republic's Denisa Chladkova Friday at the Strousbourg struggled with her game duro International Tennis Tournament. Capriati won the tourna- ing several attempted come- ment Saturday defeating Russia's Elena Liktiovtseva 6-1, S- backs and, came into Strasbourg ranked No, 113 in 3. the world. won an Olympic gold medal at In 1990. the 14-year-old B.arcelona. She. made it as Capriati \lecame the youngest hig/J as No. 6 10 the world player ever to be ranked in the before her problems sent her top 10, and two years later she . to the tennis sidelines. .he was excit- t at nial Fukushima take four-stroke lead i, Texas (AI") straight week, Ie a quantum lderboard by onial course 9-under 61 this time, he ound to reaIIy I 6O-lbol chip 18tIi green to ie iJr 52nd and tie for the lead lank and BiI1y ier 203 in the :mia1. lied the 18th in "",tional fash- , reedroni the and 'Was one olIle<s were at S. Open cham- en (65), PGA Singh (66) and '/0). ~ wrek c10sed rom 60th place I in the Byron :ookadvantage rt under softer finished with lies apd signed the final group ODd tee. stalittlebitof t~ were Ile case in the ,the greeiIs got '1)1 ahd spike run day of golf to take strange rying to win for ICe the CoIooiaI bacia 4-<M!r74 our strokes oUt "'" Elkington players on the hen the 'third dy Mayfair (66) akpa1: onder 66, which :Ie on the par-5 econd straight l8eI1 as impres- JSted by Krall good as I can oIanksaid. ''But )> awesome." e course record :Iearwaier and , 1993. Neither 10 win that yem; " were so per- n AIlem estab- scoring record. lIIIl993 is prob- oeoc The 203 is lOie score sinre , led the third 1990. Jt like Kraft, Mayfair 'have " a three-man "are within five d going into the ~m is 10m Jite bogeys on I'St four holes. :/Itened out his together a 64 to JOg with Davis It Appleby and leader Sieve AUSTIN. Texas (AI') - Playing with poise belying her status as a rookie on the LPGA , tow; Akiko Fllkushima shot a S- under-par 65 Saturday and increased her lead to four strokes' after three' rounds of the inaugural Philips Invitational F\dcushima is at 14-under 196 after 54 holes at the 6,101-yard Onion Creek Country Club course. "My father called me Friday night from Japan and kept say- ing, 'Stay calm. Stay cool,... FUkushima said through her intel1'f'l'ter. "I think he was the one who 'needed to slay calm and slay cool" Rookie Mi Hyun Kim of South Koce.;l and Jour. veteran, Beth Daniel ~ tied for seCond' Kim also had a' 65 Saturda)l while Daniel. whose record- breaking nine straight birdies Friday put her into contention going into the third round, fin ished with a 68. . Kim. who was inspired to try the LPGA tour with the success of countrywoman Se Ri Pak last yem; didn't have a bogey in the third round and knows what she wants to do in Sunday's final round "I plan to attack the course and not play defensivel)I" Kim said through her interpreter. Daniel, likely the sentimental favorite looking for her first WIn on LPGA tour since 1995, lamented the birdie possibilities she left on the course Saturday. No fewer than four holes on the back side ~ 1egitimate birdie chances for bet; but she couldn't convert. . "I, gave myse1f a ~t;e.'.', I>IihieI said,~and tblit'il..aif' . ~j!ilkfoJ: I hit ~1)aDWlill.but coulcin'l get it in the hole. r~ just happy to be in contention again. It's nice to !law a chance on Sunday. I plan to e~oy it." NOTICE OF REGULAR MEETING A REGULAR MEETING OF THE UTILITY BOARD OF THE CITY OF KEY WEST, FLORIDA, WILL BE HELD ON WEDNESDAY, MAY 26,1999. AT 5:00 PM IN THE LOUIS CARBONELL BOARD ROOM. LOCATED IN THE WILLIAM ARNOLD SERVICE BUILDING, AT 1001 JAMES STREET. THE PUBLIC IS WELCOME AND ENCOURAGED TO ATTEND, FREE PARKING IS AVAILABLE AT THE REAR OF THE SERVICE BUILDING, MAY 23, 1999 NOTICE OF A "BID OPENING SESSION" A "BID OPENING SESSION" BYTHE "BID OPENING COMMITTEE; OFTHE UTILITY BOAR.D OFTHE CITY OF KEY WEST, FLORIDA, WILL BE HELD AT 11 :00 A,M" MAY 28, 1999, INTHE LOUIS CARBONELL BOARD ROOM, LOCATED INTHE WILLIAM ARNOLD SERVICE BUILDING AT 1001 JAMES STREET,TO OPEN PROPOSALS FORTHE FOLLOWING ITEMS: 'PURCHA~E""IQeQ.R~QJgC'fI()N Wvr~J"~M,S ' CEs~!.i;).ft~()~a~ Ma" 23 1999 S Nicklaus shoots 70 at Bell Atlantic AVONDALE, Pa. (AP) - Jack Nicklaus need- leader Tom Jenkins by seven shots. Rocky ed only two tournament rounds to resemble the Thompson, Gil Morgan and Jesse Patino are Golden Bear of old, not an old Golden Bear. . one stroke back at6 under going into Sunday's Nicklaus, his golf comeback accelerating as final round quickly as his recovery from hip replacement Morgan was 8 under through 16 holes before surgery, shot a 2-under 70 Saturday in the finishing bogey-bogey, but his 67 tied Jenkins Senior PGA Bell Atlantic Classic - his first sub- for the best round of the day, Thompson, who par round of any kind since his operation. hasn't won since 1995. was tied for the lead until Nicklaus has played about 25 practice rounds bogeying No. 18. since receiving a ceramic left hip in January. Privately. Nicklaus hoped for below-par and none was as good as Saturday's. scores on the hilly Hartefeld National course Dare it be said so soon? Jack is hack, far but, realistically, didn't expect them even ahead of even his own ambitious recovery though he felt the competition and the ~ schedule. , would make him play batter. "It's probably a little better than I thought it "The galleries in my backyard are not very would be." said Nicklaus. who shot a 2-over 74 loud," be said. Friday. "I suspected that I should shoot around 'At times, he was as erratic Saturday as he 75 both days and I'm, a little better than that." was Friday during his first competitive round Unlike Friday, there ~ more good shots since a final,day 67 in the U.S. Senior Open in than bad ones. Many more, llIthough he trails July. 11i~~~~' ,,@ehi wj,h,~nsider"PW~' ieglilatlrfue use ofland'Witli , " , ' " ',inajJintiiiSadverusemdiL " Public hearings on the proposed changes Will be held on June 9. 1999. at 10:00 A.M at the Marathon GovernmentCenter, Second Floor. 2798 Overseas Highway. Marathon. Florida. These heari!tgs are being held in accordanC(: with the provisions of Section 9.5- 511 of the Monroe;County Code. an,d Chapters 125.66 and 163.3187, Florida Statutes. The purpose of the public hearings are, to consider proposed ,amendments to the Monroe County Cl?'ie. The Division of Growth Management is proposing amendments to the following sections: 1) 9.5-144 and 9.5-451 through 9.5-460 pertaining ,to Archaeological. Historical. arid Cultural Landmarlcs implementing portions of the Monroe County Year 2010 Comprehensive Plan. 2) 9.5-232-253. and 9.5-434 regarding regulations for new and existing wireless communications facilities (including towers) and services in unincorporated Monroe County (this is the second of two required BOCC public heari!tgs). Copies of the proposed changes are available at the Planning Department offices in the Upper and Middle Keys during nomal business hours. Interested parties may appear at the hearing and be heard regarding the proposed amendment. Pursuant to Horida Statute 286.0105. the County hereby advises the public that: if a person decides to appeal any decision made by this Commission with respect to any matter considered at its meeting or its hearing. they must ensure that a verbatim record of the proceeding is made. wWch record includes the testimony and evidence upon which the appeal is based. .. , MlES GULF OF IoEXICO MONROE COUNTY o . It r&\1 . I 'Q)' MIlES . Timothy J. McGarry. AICP, Director of Planning Monroe Cou'iltyGrowth Management Division 2798 Overseas Highway, Suite 410 Marathon. FL 33050 (305) 289-2500 May 23. 1999 _co