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
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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
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BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
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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
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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 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
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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
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If YES, enter delivery address below: ❑ No
3. Service Type
certified Mail ❑ Express Mail
❑ Registered ❑ Return Receip7Merchandise
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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-
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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
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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
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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