Ordinance 010-2001
010
ORDINANCE # -2001
AN ORDINANCE BY THE MONROE BOARD OF COUNTYS c
COMMISSIONERS APPROVING THE REQUEST BY~~"")~;
MONROE COUNTY TO AMEND THE LAND USE DISTRIC~'-:x;?:i
(ZONING) MAP FROM RECREATIONAL VEmCLFg~:-
DISTRICT (RV) DISTRICT TO IMPROVED SUBDIVISI01'€??~
DISTRICT (IS) FOR 21 PROPERTIES IN BLOCKS 1 & 2 OF;;J~r:
SEASIDE SUBDIVISION ADDITION 1 AND BLOCK 3 Or," :>
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SEASIDE SUBDIVISION, KEY LARGO, LOCATED IN~ ri,
SECTION 14, TOWNSHIP 62 SOUTH, RANGE 38 EAST, AT
MILE MARKER 95.
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WHEREAS, the Planning Department and the Development Review Committee an
application to amend the 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, Section 14, Township 62S, Range 38E, Monroe County,
Florida, having the following real estate identification numbers: 00492490-000000, 00492500-
000000, 00492510-000000, 00492520-000000, 00088820-000000, 00492530-000000,
00492540-000000, 00492550-000000, 00492560-000000, 00492570-000000, 00492580-
000000, 00492590-000000, 00492600-000000, 00492610-000000, 00492620-000000,
00492630-000000, 00492130-000000,0049220-0000000, 00492190-000000, 00492180-000000
and 00492140-000000, and
WHEREAS, the Planning Commission, reviewed and considered the application during
a regular meeting held on February 23,2000, and recommends approval of the request; and
WHEREAS, the Monroe County Board of County Commissioners, during a regular
meeting held on May 17, 2000, conducted a review and consideration of this application and
directed the Planning Department to transmit a draft of the amendment to the Florida
Department of Community Affairs for review and advise; and
WHEREAS, the Florida Department of Community Affairs responded on November 15,
2000 approving the draft amendment as submitted; 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.
BOCC Ordinance to Amend Zoning Map
File M#99142
Page 1 of5
Initials
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 Monroe County to address a data error. Since
mobile homes or recreational vehicles were not permitted in this district in the pre-1986
zoning, it is questionable why a change was made to allow these uses in this district. What
did exist pre-1986 was a mixture of three different commercial and high density residential
zoning districts, with a large recreational vehicle park to the north, and a low density
subdivision to the south. The 1984 aerial photographs show that all of the commercial and
high density residential parcels remained vacant. During the 1986 Plan process, the zoning
was simplified by consolidating these parcels under a zoning district that did not reflect the
actual land uses on the properties. The Recreational Vehicle (RV) zoning district was chosen
even though there is clear distinction, as seen on the 1984 photos, between the RV park with
its tightly packed rows of trailers, and the low density single family residences of the subj ect
properties.
4. The subject properties currently have the mapping category Recreational Vehicle District
(RV) which does not allow single family homes.
5. The purpose of the Recreational Vehicle (RV) zoning district is to establish areas suitable
for the development of destination resorts for recreational vehicles.
6. 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.
7. Though zoned Recreational Vehicle (RV), Seaside Subdivision Addition # 1 and Seaside
Subdivision are primarily residential neighborhoods.
8. New transient residential units, such as hotel or motel rooms, or campground, recreational
vehicle or travel trailer spaces, shall not be eligible for residential dwelling unit allocations
until January 1, 2002. This provision has limited the number of recreational vehicle spaces
in Monroe County.
9. A de-facto moratorium on commercial development has been enacted pursuant to Policy
101.3.1, which directs Monroe to maintain a balance between residential and non-residential
growth by limiting the gross square footage of non-residential development over the 15 year
planning horizon in order to maintain a ratio of approximately 239 square feet of non-
residential development for each new residential unit permitted through the Permit
Allocation System. This allowance was exceeded, resulting in a moratorium on commercial
development.
BOCC Ordinance to Amend Zoning Map
File M#99142
Page 2 of 5
Initials
10.These two moratoria in combination, have substantially reduced development options for
property owners of these RV zoned parcels.
11. Therefore, the Improved Subdivision (IS) zoning map category is the most appropriate
zoning map category for the subject properties.
12. Section 9.5-511 prohibits any amendments to the text which would negatively impact
community character.
13. As the subject properties total 3.27 acres in size, a maximum of 49 RV spaces in trailer parks
or 49 hotel rooms could be constructed under the current zoning, given that environmental
regulations permit maximum densities. As there are 21 properties included in this rezoning,
the change would allow a maximum of 21 units, thus reducing the densities to 42% of that
allowable under the current zoning.
14. 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.
15. 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.
16. 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.
17. 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 2nd 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 surrounding
neighborhoods.
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.
BOCC Ordinance to Amend Zoning Map
File M#99142
Page 3 of 5
Initials
4. The map amendment supports Goal 102 as it will rezone parcels of land on which
legal directives have severely restricted allowable uses, and provide opportunities
for property owners to enter the Building Permit Allocation System (ROGO) to
construct a single family residence.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. This Board specifically adopts the findings of fact and conclusions
of law stated above.
Section 2. The previously described properties, which are currently zoned
Recreational Vehicles (RV), 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 is hereby transmitted to the Florida Department of
Community Affairs pursuant to Chapter 380, Florida Statutes.
Section 5. 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.
[THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK]
BOCC Ordinance to Amend Zoning Map
File M#99142
Page 4 of5
Initials
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting held on the 22nd day of February, 2001.
Mayor George Neugent
Mayor Pro Tem Nora Williams
Commissioner Charles "Sonny" McCoy
Commissioner Murray Nelson
Commissioner Dixie Spehar
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~o OF COUNTY COMMISSIONERS
OF ONROE COUNTY, FLORIDA
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Signed this 22~ day of ~
By:8~~
DEPu;(y CLERK
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,,~ DANNY L. KOLHAGE
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, 2001.
BOCC Ordinance to Amend Zoning Map
File M#99142
Page 5 of5
Initials
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Key: Lar 0
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Proposal: Blocks 1 & 2 Seaside Addition No. 1 and Block 3
Seaside Subdivision as indicated from RV to IS
Property Description: Blocks 1 & 2 Seaside Addition No. 1 and
Block 3 Seaside Subdivision as indicated.
1"=400' I
Applicant Name:
Map # : 145
Sponsored by Monroe County
File Number M99142.
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BRANCH OFFICE
3117 OVERSEAS mGHWAY
MARAmON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD SlREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
March 7, 2001
BRANCH OFFICE
88820 OVERSEAS mGHWA Y
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 7099 3400000591187241
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 Subdivisian, 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.
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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
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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 Ucensing
MEMBER OF THE FLORIDA CABINET
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 County
Preservation Board
FLORIDA DEPARTMENT OF STATE
Katherine Harris
Secretary of State
DIVISION OF ELECTIONS
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, aK
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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.f1.us . E-Mail: election@mail.dos.state.fl.us
DCA Final Order No. DCAOI-0R-133
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
In re: MONROE COUNTY LAND DEVELOPMENT
REGULATIONS ADOPTED BY
MONROE COUNTY ORDINANCE NO. 010-2001
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FINAL ORDER
The Department of Community Affairs (the "Department") hereby issues its Final Order,
pursuant to 99 380.05(6) and (11), Fla. Stat., and 9 380.0552(9), Fla. Stat. (2000), approving
Monroe County Ordinance No. 010-2001 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.
010-2001 which was adopted by the Monroe County Board of County Commissioners on
February 22,2001 ("Ord. 010-2001 "). Ord. 010-2001 approves an application to amend the
Land Use District Map from Recreational Vehicle (RV) to Improved Subdivision (IS) for 21
properties in Blocks 1 and 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.
3. Ord. 010-2001 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-0R-133
enacted, amended or rescinded by any local government in the Florida Keys Area of Critical
State Concern. 99380.05(6) and (11), Fla. Stat., and 9 380.0552(9), Fla. Stat. (2000).
5. Monroe County is a local government within the Florida Keys Area of Critical State
Concern. 9 380.0552, 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. 9 380.031 (8), Fla. Stat. (2000). The regulations
adopted by Ord. 001-2001 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"). 9380.0552(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. 9 380.0552(7), Fla. Stat. (2000).
8. Ord. 010-2001 promotes and furthers the following Principles, 9380.0552(7), Fla.
Stat. (2000):
(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 ofthe area of critical state concern designation.
(d) To ensure the maximum well-being ofthe Florida Keys and its citizens
through sound economic development.
9. Ord. 010-2001 is not inconsistent with the remaining Principles. Ord. 010-2001 is
2
DCA Final Order No. DCAOI-OR-133
consistent with the Principles for Guiding Development as a whole.
WHEREFORE, IT IS ORDERED that Ord. 010-2001 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 Ta11ahas&.:-~ ./
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
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 ill, 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
3
DCA Final Order No. DCAOI-0R-133
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.
4
DCA Final Order No. DCAOI-0R-133
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 and correc~es hV' been furnished to
the persons listed below by the method indicated this )!L~ay of I(A. 'j 1 ' 2001.
/J1vu~x'~
t Pallia Ford, Agency Cledi!
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
5