Ordinance 008-2001
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AN ORDINANCE BY THE MONROE COUNTY BOARD OF gP5
COUNTY COMMISSIONERS APPROVING THE REQUEST n?',-
BY CLINTON MILLER TO AMEND Tim LAND USE~~~~
DISTRICT (ZONING) MAP FROM SUBURBAN==i~~'
COMMERCIAL (SC) TO IMPROVED SUBDIVISION (IS) FOR~:'~
PROPERTIES DESCRIBED AS LOTS 5 & 6 AND ADJACENT';: I"l1
BAY BOTTOM, RE-SUB SEASIDE SUBDIVISION, KEY
LARGO, LOCATED IN SECTION 14, TOWNSHIP 62, RANGE
38, AT APPROXIMATELY MILE MARKER 94.5.
ORDINANCE NO.008 - 2001
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WHEREAS, the Development Review Committee, Planning Commission and staff
support and recommend approval of this zoning use map amendment from SC to IS as indicated
in resolutions D-02-00 and P-18-00; and
WHEREAS, the Planning Commission reviewed and considered the application during a
regular meeting held February 23,2000, and recommends the approval of the request; and
WHEREAS, the Board of County Commissioners, during a regular meeting held on
May 17, 2000, conducted a review and consideration of the requested zoning map amendment
and directed the Planning Department to transmit a draft of the map amendment to the Florida
Department of Community Affairs for comment and advise; and
WHEREAS, the Florida Department of Community Affairs responded on November 15,
2000 approving the draft amendment as submitted; and
Fact:
WHEREAS, the Board of County Commissioners makes the following Findings of
1. Objective 101.8 of the Monroe County Year 2010 Comprehensive Plan states that Monroe
County shall eliminate or reduce the frequency of uses which are inconsistent with the
applicable provisions of the Land Development Regulations and the Future Land Use Map.
2. Section 9.5-511 (d) (5) b. of the Monroe County Land Development Regulations allows the
Board of County Commissioners to consider adopting an ordinance to enact map changes
under six listed conditions.
3. This map amendment has been initiated by the property owner to address a recognized need
for additional detail or comprehensiveness. The applicants' agent, Gay Marie Smith, listed
the following reasons for requesting a rezoning of the subject properties:
L These properties in the past have been granted a building permit for a single-family
residence.
BOCC Ordinance to Amend Zoning Map
File M#99143
Page 1 of 4
Initials
11. The construction of the residence was started but upon completing a portion of the
structure, the owner allowed the permit to elapse.
iii. Lot 4 to the southwest of the subject properties is zoned Improved Subdivision (IS)
and has a single family home on it. Lot 7 to the northeast of the subject properties
has had a map amendment change and is now also zoned IS.
IV. The subject properties are located in a residential neighborhood with only one
commercial enterprise, Snapper's restaurant, located down the street.
4. The Planning Department's review of this map amendment indicate that the first two
additional detail items (i., ii., and iii.) raised by the applicants' agent are not entirely accurate.
There are no active permits on file with the Monroe County Building Department, or any
record of a ROGO application having been made to construct the foundation. Lot 4 to the
southwest of the subject properties is actually zoned Suburban Commercial (SC), not
Improved Subdivision (IS). However, The subject properties ARE located in a residential
neighborhood with only one commercial enterprise, Snapper's restaurant, located down the
street.
5. The subject properties currently have the mapping category Suburban Commercial (SC),
which does not allow single-family homes.
6. The purpose of the Sub Urban Commercial (SC) zoning district is to establish areas for
commercial uses designed and intended primarily to serve the needs ofthe immediate
planning area in which they are located. This district should be established at locations
convenient and accessible to residential areas without use of US. I.
7. The purpose of the Improved Subdivision (IS) zoning district is to accommodate the
legally vested residential development rights of the owners of lots in subdivisions that
were lawfully established and improved prior to the adoption of this chapter. For the
purpose of this section, improved lots are those which are served by a dedicated and
accepted existing road of porous or nonporous material, that have a Florida Keys
Aqueduct Authority approved potable water supply, and that have sufficient uplands
to accommodated the proposed use in accordance with the required setbacks.
8. Though zoned Suburban Commercial (SC), the Seaside Re-Subdivision is primarily a
residential neighborhood, with approximately 50% of the lots developed and the remaining
50% vacant. One commercial development, Snappers Fresh Seafood Restaurant and Marina
is located three properties to the northwest of the subject properties, with a buffer of two
vacant lots between the restaurant and the residence on the property adjacent to the subject
properties. Several vacant lots across the road from the restaurant provide parking for
Snappers patrons. The remainder of the street is residential.
9. Therefore, the Improved Subdivision (IS) zoning map category is the most appropriate
zoning map category for the subject properties.
BOCC Ordinance to Amend Zoning Map
File M#99143
Page 2 of 4
Initials
10. Section 9.5-511 prohibits any amendments to the text which would negatively impact
community character.
11. The subject properties are already fully built out but for three properties. Changing the
zoning map will encourage more efficient use of these properties than is currently permitted,
in keeping with the character of existing adjacent land uses.
12. Objective 101.11 states that Monroe County shall ensure that at the time a development
permit is issued, adequate public facilities are available to serve the development at the
adopted level of service standards concurrent with the impacts of such development.
13. The 1998 Public Facilities Capacity Assessment Report and the listed programs on
stormwater and wastewater indicates that there are no significant concerns regarding impacts
on public facilities.
14. Goal 102 of the 20 I 0 Plan states that Monroe County shall direct future growth to lands
which are intrinsically most suitable for development and shall encourage conservation and
protection of environmentally sensitive lands.
15. The proposed zoning map amendment supports Goal 102 as the habitat of the subject
properties was found to be already disturbed, therefore no negative impacts on the natural
resources of the subject properties are anticipated; and
WHEREAS, the Board of County Commissioners makes the following Conclusions of Law:
1. This map amendment meets the 4th criteria outlined in Section 9.5-511 and the requirements
of Section 9.5-218 of the Monroe County Land Development Regulations and will not
negatively impact or alter the character of the subject properties or of the Anglers Park North
neighborhood.
2. The proposed zoning map amendment meets Objective 101.8 In that it provides a
mechanism for the subject properties to come into conformance.
3. The proposed zoning map amendment supports Objective 101.11 of the Monroe County
Year 2010 Plan based on the findings of the 1998 Public Facilities Capacity Assessment
Report and the listed programs on stormwater and wastewater. There are no significant
concerns regarding impacts on public facilities.
4. The proposed zoning map amendment supports and is consistent with Goal 102 of the
Monroe County Year 20 I 0 Comprehensive Plan as it will not have any significant impacts on
the natural environment, will facilitate infill in an already developed neighborhood, will
enable redevelopment of existing apartment buildings that were constructed in the 1970's and
will enable more expeditious reconstruction in the event of destruction of the buildings, by
facilitating easier access to building permits.
BOCC Ordinance to Amend Zoning Map
File M#99143
Page 3 of 4
Initials
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1.
Section 2.
Section 3.
Section 4.
Section 5.
This Board specifically adopts the findings of fact and conclusions of law stated
above.
The previously described properties, which are currently zoned Suburban
Commercial (SC), shall be zoned Improved Subdivision (IS) as shown on the
attached map, which is hereby incorporated by reference and attached as Exhibit
1.
If any section, subsection, sentence, clause, item, change or provision of this
ordinance is held invalid, the remainder of this ordinance shall not be affected by
such invalidity.
This ordinance is hereby transmitted to the Florida Department of Community
Affairs pursuant to Chapter 380, Florida Statutes.
This ordinance shall be filed in the Office of the Secretary of State of the State of
Florida, but shall not become effective until notice is issued by the Florida
Department of Community Affairs or Administration Commission approving the
amendment pursuant to Chapter 380, Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 22nd day of February, 200 I.
DANNY L. KOLHAGE
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Signed this ZZd.. day of ~
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Mayor George Neugent
Mayor Pro Tern Nora Williams
Commissioner Charles "Sonny" McCoy
Commissioner Murray Nelson
Commissioner Dixie Spehar
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~=7F COUNTY COMMISSIONERS
~ROE COUNTY, FLORIDA
(M~~~Q-d
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, 2001.
BOCC Ordinance to Amend Zoning Map
File M#99143
Page 4 of 4
Initials
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Key: Largo
MM: 95
Adjacent Bay Bottom, Block 5, Re-Sub
Seaside to IS
Property Description: Lots 5 & 6 and Adjacent Bay Bottom, Block 5,
Seaside Re-Sub
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Applicant Name:
Map #: 145
Clinton E Miller
File Number
M99143
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BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARA mON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
March 7, 2001
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
Mrs. Liz Cloud, Chief
Bureau of Administrative Code & Laws
The Elliott Building
401 S Monroe Street
Tallahassee FL 32399-0250
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Via Certified Mail 7099340000059118 7241
Dear Mrs. Cloud,
Enclosed please find certified copies of the following:
Ordinance No. 006-2001 approving the request filed by the Planning Department to
amend the Affordable Housing Criteria in Monroe County Land Development Regulations
Sections 122.3.(6), 9.5-266 (a)(3), 9.5-266 (a)(4), and 9.5-266 (a)(4) a.; deletion of Sections
9.5-266 (a)(4) b., 9.5-266 (a)(4) d., 9.5-266 (a)(4) g., and 9.5-266 (a)(4) h.; renumbering of and
amendment to Sections 9.5-266 (a)(4) e., 9.5-266 (a)(4) d.; and creation of new sections 9.5-266
(a)(4) b., 9.5-266 (a)(5), and 9.5-266 (a)(6) to expand the eligibility for qualifying for Affordable
Housing ROGO Allocations to include very-low to median income households who do not meet
the requirement of at least seventy percent (70%) of their annual household earnings from
employment in Monroe County.
Ordinance No. 007-2001 approving a request by Clinton Miller to amend the Future
Land Use Map from mixed use commercial (MC) to residential medium {RM) for properties
described as Lots 5 & 6 and adjacent bay bottom, re-sub Seaside Subdivision, Key Largo, located
in Section 14, Township 62, Range 38, at approximately mile marker 94.5.
Ordinance No. 008-2001 approving the request by Clinton Miller to amend the Land Use
District (Zoning) Map from suburban commercial (SC) to improved subdivision (IS) for
properties described as Lots 5 & 6 and adjacent bay bottom, re-sub Seaside Subdivision, Key
Largo, located in Section 14, Township 62, Range 38, at approximately mile marker 94.5.
March 7, 2001
Page 2
Ordinance No. 006-2001 through
Ordinance No. 011-2001
Ordinance No. 009-2001 approving the request to amend the Future Land Use Map from
mixed use commercial (MC) to residential medium (RM) for 21 properties in Blocks 1 & 2 of
Seaside Subdivision Addition 1 and Block 3 of Seaside Subdivisi0n, Key Largo, located in
Section 14. Township 62 South, Range 38 East. at miler marker 95.
Ordinance No. 010-2001 approving the request by Monroe County to amend the Land
Use District (Zoning) Map from recreational vehicle district (RV) to improved subdivision district
(IS) for 21 properties in Blocks 1 & 2 of Seaside Subdivision Addition 1 and Block 3 of Seaside
Subdivision, Key Largo, located in Section 14. Township 62 South, Range 38 East, at mile
marker 95.
Ordinance No. 011-2001 adopting an amendment to the Monroe County Year 2010
Comprehensive Plan adding Objective 101.20 and Policy 101.20.1 consisting of a Livable
Communikeys Element including principles for the development oflocal communities plans.
.-
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting in formal session on February 22, 2001. Please file for record.
Danny L. Kolhage
Clerk to Circuit Court
and ex officio Clerk to the
Board of County Commissioners
Cc: Board of County Commissioners
County Administrator w/o documents
Growth Management
County Attorney
File /
U.S. Postal Service
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DIVISIONS OF FLORIDA DEPARTMENT OF STATE
Office of the Secretary
Division of Administrative Services
Division of Corporations
Division of Cultural Affairs
Division of Elections
Division of Historical Resources
Division of Library and Information Services
Division of Licensing
MEMBER OF THE FLORIDA CABINET
WI!~
FLORIDA DEPARrMENT OF STATE
Katherine Harris
Secretary of State
DMSION OF ELECTIONS
HISTORIC PRESERVATION BOARDS
Historic Florida Keys Preservation Board
Historic Palm Beach County Preservation Board
Historic Pensacola Preservation Board
Historic St Augustine Preservation Board
Historic Tallahassee Preservation Board
Historic TampalHillsborough COWlty
Preservation Board
RING LING MUSEUM OF ART
March 19,2001
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Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street
Key West, Florida 33040
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Attention: Pam Hancock, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge
receipt of your letter dated March 7, 2001 and certified copies of Monroe County
Ordinance Nos. 006-2001 through 011-2001, which were filed in this office on
March 16, 2001.
Sincerely, a~
h~
Liz Cloud, Chief
Bureau of Administrative Code
LC/mp
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.fl.us
DCA Final Order No. DCAOI-OR-132
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
C::.'>
In re: MONROE COUNTY LAND DEVELOPMENT
REGULATIONS ADOPTED BY
MONROE COUNTY ORDINANCE NO. 008-2001
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FINAL ORDER
The Department of Community Affairs (the "Department") hereby issues its Final Order,
pursuant to SS 380.05(6) and (11), Fla. Stat., and S 380.0552(9), Fla. Stat. (2000), approving
Monroe County Ordinance No. 008-2001 as set forth below.
FINDINGS OF FACT
1. The Florida Keys Area is a statutorily designated area of critical state concern, and
Monroe County is a local government within the Florida Keys Area.
2. On July 13, 2001, the Department received for review Monroe County Ordinance No.
008-2001 which was adopted by the Monroe County Board of County Commissioners on
February 22,2001 ("Ord. 008-2001 "). Ord. 008-2001 approves an application to amend the
Land Use District Map from Suburban Commercial (SC) to Improved Subdivision (IS) for
properties described as Lots 5 and 6 and the adjacent bay bottoms, Seaside Re-Subdivision, Key
Largo, located in Section 14, Township 62 South, Range 38 East, at approximately Mile Marker
94.5.
3. Ord. 008-2001 is consistent with the County's 2010 Comprehensive Plan.
CONCLUSIONS OF LAW
4. The Department is required to approve or reject land development regulations that are
DCA Final Order No. DCAOI-OR-132
enacted, amended or rescinded by any local government in the Florida Keys Area of Critical
State Concern. ~~ 380.05(6) and (11), Fla. Stat., and ~ 380.0552(9), Fla. Stat. (2000).
5. Monroe County is a local government within the Florida Keys Area of Critical State
Concern. ~ 380.0552, Fla. Stat. (2000) and Rule 28-29.002 (superseding Chapter 27F-8), Fla.
Admin. Code.
6. "Land development regulations" include local zoning, subdivision, building and other
regulations controlling the development of land. ~ 380.031 (8), Fla. Stat. (2000). The regulations
adopted by Ord. 008-2001 are land development regulations.
7. All land development regulations enacted, amended or rescinded within an area of
critical state concern must be consistent with the Principles for Guiding Development (the
"Principles"). ~ 380.0552(7), Fla. Stat.; see Rathkamp v. Department of Community Affairs. 21
F.A.L.R. 1902 (Dec. 4, 1998), aff'd, 740 So. 2d 1209 (Fla. 3d DCA 1999). The Principles are
construed as a whole and no specific provision is construed or applied in isolation from the other
provisions. ~ 380.0552(7), Fla. Stat. (2000).
8. Ord. 008-2001 promotes and furthers Principle, ~380.0552(7)(a), Fla. Stat. (2000):
"To strengthen local government capabilities for managing land use and development so that
local government is able to achieve these objectives without the continuation ofthe area of
critical state concern designation."
9. Ord. 008-2001 is not inconsistent with the remaining Principles. Ord. 008-2001 is
consistent with the Principles for Guiding Development as a whole.
2
DCA Final Order No. DCAOI-OR-132
WHEREFORE, IT IS ORDERED that Ord. 008-2001 is found to be consistent with the
Principles for Guiding Development of the Florida Keys Area of Critical State Concern, and is
hereby APPROVED.
This Order becomes effective 21 days after publication in the Florida Administrative
Weekly unless a petition is filed as described below.
DONE AND ORDERED in Tallahassee, Florida.
&/L-
CARl ROTH, ACTING DIRECTOR
Division of Community Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
NOTICE OF ADMINISTRATIVE RIGHTS
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS
ORDER HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING
PURSUANT TO SECTION 120.569, FLORIDA STATUTES, REGARDING THE AGENCY'S
ACTION. DEPENDING UPON WHETHER YOU ALLEGE ANY DISPUTED ISSUE OF
MA TERIAL FACT IN YOUR PETITION REQUESTING AN ADMINISTRATIVE
PROCEEDING, YOU ARE ENTITLED TO EITHER AN INFORMAL PROCEEDING OR A
FORMAL HEARING.
IF YOUR PETITION FOR HEARING DOES NOT ALLEGE ANY DISPUTED ISSUE
OF MATERIAL FACT CONTAINED IN THE DEPARTMENT'S ACTION, THEN THE
ADMINISTRATIVE PROCEEDING WILL BE AN INFORMAL ONE, CONDUCTED
PURSUANT TO SECTIONS 120.569 AND 120.57(2) FLORIDA STATUTES, AND
CHAPTER 28-106, PARTS I AND III, FLORIDA ADMINISTRATIVE CODE. IN AN
INFORMAL ADMINISTRATIVE PROCEEDING, YOU MAYBE REPRESENTED BY
COUNSEL OR BY A QUALIFIED REPRESENTATIVE, AND YOU MAY PRESENT
WRITTEN OR ORAL EVIDENCE IN OPPOSITION TO THE DEPARTMENT'S ACTION OR
REFUSAL TO ACT; OR YOU MAY EXERCISE THE OPTION TO PRESENT A WRITTEN
3
DCA Final Order No. DCA01-0R-132
STATEMENT CHALLENGING THE GROUNDS UPON WHICH THE DEPARTMENT HAS
CHOSEN TO JUSTIFY ITS ACTION OR INACTION.
IF YOU DISPUTE ANY ISSUE OF MATERIAL FACT STATED IN THE AGENCY
ACTION, THEN YOU MAY FILE A PETITION REQUESTING A FORMAL
ADMINISTRATIVE HEARING BEFORE AN ADMINISTRATIVE LAW JUDGE OF THE
DIVISION OF ADMINISTRATIVE HEARINGS, PURSUANT TO SECTIONS 120.569 AND
120.57(1), FLORIDA STATUTES, AND CHAPTER 28-106, PARTS I AND II, FLORIDA
ADMINISTRATIVE CODE. AT A FORMAL ADMINISTRATIVE HEARING, YOU MAY
BE REPRESENTED BY COUNSEL OR OTHER QUALIFIED REPRESENTATIVE, AND
YOU WILL HAVE THE OPPORTUNITY TO PRESENT EVIDENCE AND ARGUMENT ON
ALL THE ISSUES INVOLVED, TO CONDUCT CROSS-EXAMINATION AND SUBMIT
REBUTTAL EVIDENCE, TO SUBMIT PROPOSED FINDINGS OF FACT AND ORDERS,
AND TO FILE EXCEPTIONS TO ANY RECOMMENDED ORDER.
IF YOU DESIRE EITHER AN INFORMAL PROCEEDING OR A FORMAL
HEARING, YOU MUST FILE WITH THE AGENCY CLERK OF THE DEPARTMENT OF
COMMUNITY AFFAIRS A WRITTEN PLEADING ENTITLED, "PETITION FOR
ADMINISTRATIVE PROCEEDINGS" WITHIN 21 CALENDAR DAYS OF PUBLICATION
OF THIS NOTICE. A PETITION IS FILED WHEN IT IS RECEIVED BY THE AGENCY
CLERK, IN THE DEPARTMENT'S OFFICE OF GENERAL COUNSEL, 2555 SHUMARD
OAK BOULEVARD, TALLAHASSEE, FLORIDA 32399-2100.
THE PETITION MUST MEET THE FILING REQUIREMENTS IN RULE 28-
106.104(2), FLORIDA ADMINISTRATIVE CODE. IF AN INFORMAL PROCEEDING IS
REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH
RULE 28-106.301, FLORIDA ADMINISTRATIVE CODE. IF A FORMAL HEARING IS
REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH
RULE 28-106.201(2), FLORIDA ADMINISTRATIVE CODE.
A PERSON WHO HAS FILED A PETITION MAY REQUEST MEDIATION. A
REQUEST FOR MEDIATION MUST INCLUDE THE INFORMATION REQUIRED BY
RULE 28-106.402, FLORIDA ADMINISTRATIVE CODE. CHOOSING MEDIATION DOES
NOT AFFECT THE RIGHT TO AN ADMINISTRATIVE HEARING.
YOU WAIVE THE RIGHT TO AN INFORMAL ADMINISTRATIVE
PROCEEDING OR A FORMAL HEARING IF YOU DO NOT FILE A PETITION WITH
THE AGENCY CLERK WITHIN 21 DAYS OF PUBLICATION OF THIS FINAL
ORDER.
4
DCA Final Order No. DCAOI-OR-132
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original ofthe foregoing Final Order has been filed with
the undersigned designated Agency Clerk, and that true an~ correct ~ies have been furnished to
the persons listed below by the method indicated this :}q ~ay of ~ r , 2001.
/I
By U.S. Mail:
~'U(u'Ll~~
~ Paula Ford, Agency lerk
Honorable George Neugent
Mayor of Monroe County
500 Whitehead Street
Key West, Florida 33040
Danny L. Kolhage
Clerk to the Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
Timothy J. McGarry, AICP
Director, Growth Management Division
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
Bv Hand Delivery or Interagency Mail:
Michael McDaniel, Growth Management Administrator, DCA Tallahassee
Rebecca Jetton, DCA Florida Keys Field Office
Richard A. Lotspeich, Assistant General Counsel, DCA Tallahassee
5