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Ordinance 050-2001ORDINANCE NO.050 -2001 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST BY JAMES DOUGHERTY, JR. TO AMEND THE LAND USE DISTRICT (ZONING) MAP FROM NATIVE AREA (NA) AND IMPROVED SUBDIVISION (IS) TO IMPROVED SUBDIVISION (IS) FOR THE UPLAND PORTIONS OF PROPERTIES DESCRIBED AS LOTS 43, 44, 45, AND 46, BUCCANEER POINT, KEY LARGO, LOCATED IN SECTION 31, TOWNSHIP 61S, RANGE 39E, AT APPROXIMATELY MILE MARKER 98.5 WHEREAS, the Monroe County Board of County Commissioners, during a regular meeting held on November 21, 2000, conducted a review and consideration of the request filed by the applicant to amend the zoning map from Native Area (NA) and Improved Subdivision (IS) to Improved Subdivision (IS) for the upland portions of properties located on North Bounty Lane in the Buccaneer Point Subdivision, Section 31, Township 61 S, Range 39E, Monroe County, Florida, having the real estate identification numbers 00496131.008700, 00496131.008800, 00496131.008900 and 00496131.009000; and WHEREAS, the Development Review Committee, Planning Commission and staff support and recommend approval of this land use district (zoning) map amendment from NA and IS to IS as indicated in Resolutions D15-00and P64-00; and WHEREAS, the Planning Commission reviewed and considered the application during a public hearing on September 27, 2000, and recommends approval of the request; and WHEREAS, the Board of County Commissioners made the following Findings of Fact: 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 factors. 3. This map amendment has been initiated by the property owner to address factor six (vi), data updates. The applicant listed the following reason for requesting a rezoning of the subject properties: The upland area currently zoned Native Area has been filled and is now disturbed. Therefore, the site conditions have changed. File # M20003 Page 1 of 4 Initials DADESK TOP\Agenda Item Summary Pages\Dougherty - Buccaneer Point\Ordinance MAP.doc 4. The Planning and Environmental Resources Department's review of this map amendment indicates that the detail item raised by the applicant is accurate. A site visit by the County Biologist revealed a disturbed, scarified upland site. 5. The subject properties currently have the mapping category Native Area (NA) and Improved Subdivision (IS), which because of the unique fill pad zoning coverage on the subject properties, does not allow sufficient Improved Subdivision (IS) area for single family homes on each lot. 6. The purpose of the Native Area (NA) zoning district is to establish areas that are undisturbed with the exception of existing solid waste facilities, and because of their sensitive environmental character should be preserved in their natural state. 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 accommodate the proposed use in accordance with the required setbacks. 8. Though zoned Native Area (NA) and Improved Subdivision (IS), the Buccaneer Point Subdivision is a residential neighborhood, with the majority of the lots developed and the remainder vacant. 9. Therefore, the Improved Subdivision (IS) zoning map category is the most appropriate zoning map category for the upland portion of the subject properties. 10. Section 9.5-511 prohibits any amendments that would negatively impact community character. 11. 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 2000 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 2010 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. File # M20003 Page 2 of 4 Initials DADESK TOP\Agenda Item Summary Pages\Dougherty - Buccaneer Point\Ordinance MAP.doc 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 made the following Conclusions of Law: This map amendment meets the criteria outlined in Section 9.5-511(d)(5)b.(vi) 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 Buccaneer Point neighborhood. 2. The proposed zoning map amendment meets Objective 101.8 in that it provides a mechanism for the upland portions of the subject properties to come into conformance. 3. The proposed zoning map amendment supports Objective 101.11 of the Monroe County Year 2010 Comprehensive Plan based on the findings of the 2000 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 2010 Comprehensive Plan as it will not have any significant impacts on the natural environment, and will facilitate infill in an already developed neighborhood; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: Section 1. The Board specifically adopts the findings of fact and conclusions of law stated above. Section 2. The upland portions of the previously described properties, which are zoned Native (NA) and Improved Subdivision (IS), shall be zoned Improved Subdivision (IS) as shown on the attached map, which is hereby incorporated by reference and attached as Exhibit 1. Section 3. 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. Section 4. This ordinance shall be filed in the Office of the Secretary of State of the State of Florida, but shall not become effective until a notice is issued by the Department of Community Affairs or Administration Commission approving the ordinance. File # M20003 Page 3 of 4 Initials DADESK TOP\Agenda Item Summary Pages\Dougherty - Buccaneer Point\Ordinance MAP.doc PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 20th day of December , A.D., 2000. File # M20003 Mayor Charles "Sonny" McCoy Mayor Pro Tern Dixie Spehar Commissioner Murray Nelson Commissioner George Neugent Commissioner Nora Williams ye tR yes absent yes yes BOARD OF COUNTY COMMISSIONERS OF MONROE11OUNTY, FLORIDA BY Mayor Ch rles "Sonny" McCoy LERK Page 4 of 4 qN0 ' �+�NCY Attorne y's Offi�� Initials G N Xl N C_ F rn rn T 0 M -*, a r — .., C-) C) m N M C:\WINDOWS\Temporary Internet Files\OLK8275\Dougherty Ordinance MAP 122001.doc Proposed Land Use District Map Amendment:1999 FARS Aerial Key: Key Largo Mile Marker: Approximate Mile Marker 98.5 Proposal: James C. Dougherty, Jr., Et Ad are requesting a land Use District Map amendment from Native Area NA / Improved Subdivision IS to Improved Subdivision IS Property description: RE#: 496131.008700 — 496131.009000, Sec. 31, Twp. 61 S., Rge 39 E., Lots 43,44, 45, & 46, Block 3, Buccaneer Point Estates, Key Largo, Monroe County, Florida Aerial Map #: 24-31 Map Amendment # 20003 Proposed Land Use District Map Amendment: Zoning Map Key: Key Largo Mile Marker: Approximate Mile Marker 98.5 Proposal: James C. Dougherty, Jr., Et Ad are requesting a land Use District Map amendment from Native Area (NAY Improved Subdivision IS to Improved Subdivision IS Property description: RE#: 496131.008700 — 496131.009000, Sec. 31, Twp. 61 S., Rge. 39 E., Lots 43,44, 45, & 46, Block 3, Buccaneer Point Estates, Key Largo, Monroe County, Florida Land Use District Map* 137 Map Amendment # : 20003 I,l BRANCH OFFICE MARATHON SUB COURTHOUSE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 `GOU .. CO ; cuip4f 6-G'� u: F40 soi�E .......... car.o CLERK OF THE CIRCUIT COURT MONROE COUNTY MONROE COUNTY COURTHOUSE 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3663 Mrs. Liz Cloud, Chief Bureau of Administrative Code & Laws The Collins Building 107 W Gaines Street, Suite L43 Tallahassee FL 32399-0250 Dear Mrs. Cloud, January 17, 2002 BRANCH OFFICE PLANTATION KEY GOVERNMENT CENTER 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 Via Certified Mail 7099 3400 0005 9118 4332 Enclosed please find certified copies of the following Ordinances: Ordinance No. 044-2001 approving the request by Hugh J. Morgan to amend the Future Land Use Map from residential conservation (RC) to residential high (RH) for properties described as Lots 11 & 12, Coral Shores Mobile Home Estates Section 2, Little Torch Key, located in Section 20, Township 66S, Range 29E, Monroe County, Florida, at approximately mile marker 98.5. Ordinance No. 045-2001 approving the request by Hugh J. Morgan to amend the Land Use District (Zoning) Map from native (NA) to urban residential - mobile home (URM) for properties described as Lots 11 & 12, Coral Shores Mobile Home Estates Section 2, Little Torch Key, located in Section 20, Township 66S, Range 29E, Monroe County, Florida, at approximately mile marker 98.5. Ordinance 046-2001 approving a request by John J. and J. Leslie Brier to amend the Future Land Use Map from residential medium (RM) to residential high (RH) for the properties described as Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18, Block 27, Sands Subdivision, Big Pine Key, located in Section 25, Township 66S, Range 29E, at approximately mile marker 31. Ordinance No. 044-2001 to 054-2001 January 17, 2002 Ordinance No. 047-2001 recommending approval of the request by Key West Brewery to amend the Land Use District (Zoning) Map from sub urban commercial (SC) to industrial (I) for property described as 99 Calle Uno, part of Government Lot 5, Section 21, Township 67 South, Range 26 East, East Rockland Key, at approximately mile marker 9.5. Ordinance No. 048-2001 recommending approval of the request by Key West Brewery to amend the Future Land Use Map from mixed use/commercial (MC) to industrial (I) for property described as 99 Calle Uno, part of Government Lot 5, Section 21, Township 67 South, Range 26 East, East Rockland Key, at approximately mile marker 9.5. Ordinance No. 049-2001 approving the request by James Dougherty, Jr. to amend the Future Land Use Map from residential conservation (RC) and residential medium (RM) to residential medium (RM) for the upland portions of the properties described as Lots 43, 44, 45, and 46, Buccaneer Point Subdivision, Key Largo, located in Section 31, Township 61 S, Range 39E, at approximately mile marker 98.5. Ordinance No. 050-2001 approving the request by James Dougherty, Jr. to amend the Land Use District (Zoning) Map from native area (NA) and improved subdivision (IS) to improved subdivision (IS) for the upland portions of properties described as Lots 43, 44, 45, and 46, Buccaneer Point Subdivision, Key Largo, located in Section 31, Township 61 S, Range 39E, at approximately mile marker 98.5. Ordinance No. 051-2001 approving the request by Leonard Lovallo to amend the Future Land Use Map from recreation (R) to residential medium (RM) for property described as part of Tract A, Harbor Course Section Four, Ocean Reef Plat No. 13, Key Largo, located in Section 13, Township 59 South, Range 40 East, located within the Ocean Reef Club at the northern terminus of County Highway 905. Ordinance No. 052-2001 approving the request by Leonard Lovallo to amend the Land Use District (Zoning) Map from park and refuge (PR) to improved subdivision (IS) for property described as part of Tract A, Harbor Course Section Four, Ocean Reef Plat No. 13, Key Largo, located within the Ocean Reef Club at the northern terminus of County Highway 905. Ordinance No. 053-2001 approving a request of the Monroe County Planning Department to amend the Monroe County Year 2010 Comprehensive Plan by amending Policy 101.3.4 which exempts public facilities from the requirements of the Permit Allocation System. Ordinance No. 054-2001 to amend the Monroe County Year 2010 Comprehensive Plan to include a cultural resources element. Ordinance No. 044-2001 to 054-2001 January 17, 2002 These Ordinances were adopted by the Monroe County Board of County Commissioners at a Regular Meeting in formal session on December 20, 2001. Please file for record. Should you have any questions please feel free to contact me at (305) 292-3550. Danny L. Kolhage Clerk to Circuit Court and ex officio Clerk to the Board of County Commissi ners by: �--� Pamela G. H cock, Deputy Clerk Cc: County Administrator w/o documents Growth Management County Attorney BOCC File ✓ ru rn fin 11131911 M (Ord. 044-054-2001) Mrs. Liz Cloud - ud- cc C\t A �e -, )s,. ea,k Er He Return Fe,all i LrI (Endorsement Fec d) Cl C:3 Restricted C,ehie r3 (Endorsemert ecji C3 Total Postage F. F,eE E=) Name (Please kec co plated by mailer) 4 'ni --------------------- - ----- st_ra_t_iY@�__qQd Ir S t 4pt 46 F M 8 , wilding --- L4-3 ----- --------------- -suite wf C3 I,Gairtes r- ;�_, FL 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 FLORIDA DEPARTMENT OF STATE Katherine Harris Secretary of State DIVISION OF ELECTIONS January 24, 2002 Honorable Danny L. Kolhage Clerk of the Circuit Court Monroe County 500 Whitehead Street Key West, Florida 33040 Attention: Pam Hancock, Deputy Clerk Dear Mr. Kolhage: 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 Tampa/Hillsborough County Preservation Board RINGLING MUSEUM OF ART Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated January 17, 2002 and certified copies of Monroe County Ordinance Nos. 044-2001 through 054-2001, which were filed in this office on January 23, 2002. Sincerely, Liz Cloud, Chief Bureau of Administrative Code LC/mp ZZ N Cl- ` - �'►i n aD DTI 0 C..) ram- --ID a '+I ► n C7 a m o 0 �D o 0 BUREAU OF ADMINISTRATIVE CODE The Collins Building • 107 West Gaines Street • Tallahassee, Florida 32399-0250 • (850) 245-6270 FAX: (850) 245-6282 • WWW Address: http://www.dos.state.fl.us • E-Mail: election@ mail. dos. state.fl.us ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Deliveryis desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Mrs. Liz Cloud Bureau of Administrative Code The Collins Building 107 W Gaines Street, Suite L43 Tallahassee FL 32399-0250 (Ord. 044 to 054-2001) PS COMPLETE THIS SECTION ON DELIVERY A. Received by ((Please Print Clearly) S. Date of Delivery C. Signatur X I��R�"1lllfrNT OFc&TAtTE ❑ Addressee D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type certified Mail ❑ Express Mail ❑ Registered ❑ Return Receip7Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) 102595-00-M-0952 In re: DCA Final Order No.: DCA02-OR-112 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS MONROE COUNTY LAND DEVELOPMENT ^J a REGULATIONS ADOPTED BYMl- r MONROE COUNTY ORDINANCE NO. 050-2001 oc)• N FINAL ORDER -n' The Department of Community Affairs (the "Department") hereby issues its l9!iafbrdF6 . u. pursuant to §§ 380.05(6) and (11), Fla. Stat., and § 380.0552(9), Fla. Stat. (2001), approving Monroe County Ordinance No. 050-2001 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 March 20, 2002, the Department received for review Monroe County Ordinance No. 050-2001 which was adopted by the Monroe County Board of County Commissioners on December 20, 2000 ( "Ord. 050-2001 "). Ord. 050-2001 amends the City's Land Use District Map by re -designating the zoning classification of several parcels of land (Lots 43, 44, 45 and 46 of Block 3, Buccaneer Point Subdivision, Key Largo) from Native Area (NA) and Improved Subdivision (IS) to just Improved Subdivision (IS) in order to make the Zoning Map consistent with the Future Land Use Map. 3. Ord. 050-2001 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 enacted, amended or rescinded by any local government in the Florida Keys Area of Critical -n r— rn c:) C) rn 0 0 State Concern. §§ 380.05(6) and (11), Fla. Stat., and § 380.0552(9), Fla. Stat. (2001). 5. Monroe County is a local government within the Florida Keys Area of Critical State Concern. § 380.0552, Fla. Stat. (2001) 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. (2001). The regulations adopted by Ord. 050-2001 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. (2001). 8. Ord. 050-2001 promotes and furthers the following Principles in § 380.0552(7): (a) To strengthen local government capabilities for managing land use and development so that local government is able to achieve these objectives without the continuation of the area of critical state concern designation. (f) To enhance natural scenic resources, promote aesthetic benefits of the natural environment, and ensure that development is compatible with the unique historic character of the Florida Keys. (h) To protect the value, efficiency, cost-effectiveness, and amortized life of existing and proposed major public investments, including: 1. The Florida Keys Aqueduct and water supply facilities; 8. City electric service and the Florida Keys Electric Co- op; and 9. Other utilities, as appropriate. 9. Ord. 050-2001 is not inconsistent with the remaining Principles. Ord. 050-2001 is consistent with the Principles for Guiding Development as a whole. WHEREFORE, IT IS ORDERED that Ord. 050-2001 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, V SONNY TIMMERMAN, 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 ENCY'S ACTION. DEPENDING UPON WHETHER YOU ALLEGE ANY DISPUTED ISSUE OF MATERIAL 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 MAY BE 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 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 CERTIFICATE OF FILING AND SERVICE I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with the undersigned designated Agency Clerk, and that true a c rrect copies have been furnished to the persons listed below by the method indicated this ay of April, 2002. N - - 011X C'`sSk-� Paula Ford, Agency Clerk By U.S. Mail: 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 By 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