Ordinance 028-2008
November] 9,2008 BaCC
]
2
3 AN ORDINANCE BY THE MONROE COUNTY
4 BOARD OF COUNTY COMMISSIONERS
5 AMENDING SECTIONS 9.5-68 AND 9.5-69 OF THE
6 MONROE COUNTY CODE CONCERNING
7 CONDITIONAL USES; AMENDING
8 PROCEDURES AND DELETING OBSOLETE
9 PROVISIONS; PROVIDING FOR SEVERABILITY;
] 0 PROVIDING FOR REPEAL OF INCONSISTENT
] ] PROVISIONS; PROVIDING FOR TRANSMISSION
]2 TO THE DEPARTMENT OF COMMUNITY
]3 AFFAIRS AND THE SECRETARY OF STATE;
]4 PROVIDING FOR AN EFFECTIVE DATE.
]5
16
17 WHEREAS, since enactment of the Land Development Regulations in the] 980s the
] 8 actual processing of Conditional Uses by the Growth Management Division has changed to
] 9 reflect the needs of applicants and the structure of the Planning Department; and
20
ORDINANCE NO. 028
- 2008
2] WHEREAS, the process should be accurately reflected in the regulations and land
22 development code for the benefit of the public;
23
24 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
25 COMMISSIONERS OF MONROE COUNTY:
26
27 Section 1. Section 9.5-68 is amended as follows:
28
29 Sec. 9.5-68. Minor conditional uses.
30
31 (a) Applications .lor a Minor Conditional Use Permit: An application for a minor
32 conditional use permit shall be submitted to the Planning Department in the form
33 provided by the director of planning. If an application for a minor conditional use
34 includes a major conditional use, then the minor conditional use shall be considered in
35 conjunction with the major conditional use in accordance with the procedures of section
36 9.5-69.
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(b) Review by the Development Review Committee: An application for a mmor
conditional use permit shall be reviewed by the development review committee within
thirty days of receipt of a complete application. The development review committee
members shall make comment on the application for a minor conditional use permit and
the responsible staff shall forward such comments to the director of planning.
(c) Decision by the Director of Planning: Within thirty (30) working days after the
meeting of the development-review committee, the director of planning shall render a
development order granting, granting with conditions, or denying the application for a
minor conditional use permit, with the exception of applications where a condition(s) has
been imposed that must be satisfied prior to the issuance of a development order, in
which case the development order shall be issued within thirty working days after receipt
of proof of satisfaction of the condition(s).
(d) Notice of Grant of a Minor Conditional Use Permit: The director of planning shall
give notice of any development order granting a minor conditional use by sending a
written notice to all owners of real property located within three hundred (300) feet of the
property that is subject to the minor conditional use permit, and notice of the intent to
issue the minor conditional approval shall be published in the newspapers of local
circulation in the county by advertisement in the legal section. The costs of publication
and written notice are to be borne by the applicant. Notice by the planning director shall
be by regular mail on the day of the granting of the minor conditional use.
(e) Consideration of a Minor Conditional Use Approval by the Planning
Commission: An administrative appeal or a request for a public hearing by the applicant
of a minor conditional use approval shall be governed by the provisions of article XII.
Section 2. Section 9.5-69 shall be amended as follows:
Sec. 9.5-69. Major conditional uses.
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(a) Applicationsfor Major Conditional Uses: An application for a major conditional use
pemlit shall be submitted to the planning department in a form provided by the director of
planning.
(I) If approval of a plat is required for the proposed development, an application for plat
approval shall be submitted in conjunction with the application for a conditional use
permit. Howeve~, a major conditional use shall not become effective until the plat has
been approved by the board of county commissioners.
(2) As a part of the application for major conditional use, an applicant shall be required
to submit the following, except for those inappropriate to the proposed development due
to the limited size or scale of the development as determined by the planning director:
a. An environmental designation survey consisting of:
(i) A plan drawn to a scale of one (I) inch equals twenty (20) feet or less, except where
impractical and the planning director authorizes a smaller scale, and showing the
following:
I. Location of property;
2. Date, approximate north point and graphic scale;
3. Acreage within the property;
4. Boundary lines of the property and their bearings and distances;
5. Topography and typical ground cover;
6. General surface characteristics, water areas and drainage patterns;
7. Contours at an interval of not greater than one (1) foot or at lesser intervals if deemed
necessary for review purposes;
8. I OO-year flood-prone areas by flood zone;
9. Presently developed and/or already altered areas; and
10. Location of mean high-water line.
(ii) A natural vegetation map and/or a map of unique environmental features such as:
I. Climax tropical hardwood hammocks;
2. Endangered species habitats;
3. Major wildlife intensive use areas.
(iii) Aerial photographs of the property and surrounding area.
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(iv) A review of historical and archeological sites by the Florida Division of Archives,
History and Records Management.
(v) A review of unique environmental features such as:
I. Climax tropical hardwood hammocks;
2. Endangered species habitats;
3. Major wildlife intensive use areas.
(vi) Actual acreage of specific vegetation species or other environmental characteristics.
(vii) General information relating to the property in regard to the potential impact which
devdopment of the site could have on the area's natural environment and ecology.
(viii) Environmental resources:
I. If shoreline zones were identified, describe in detail any proposed site alterations in
the areas, including vegetation removal, dredging, canals or channels; identify measures
which have been taken to protect the natural, biological functions of vegetation within
this area such as shoreline stabilization, wildlife and marine habitat, marine productivity
and water quality maintenance.
2. If tropical hammock communities or other protected vegetative communities were
identified, describe proposed site alteration in those areas and indicate measures which
were taken to protect intact areas prior to, during and after construction.
3. Describe plans for vegetation and landscaping of cleared sites including a completion
schedule for such work.
(ix) Environmental resources-wildlife. Describe the wildlife species which nest, feed or
reside on or adjacent to the proposed site. Specifically identify those species considered
to be threatened or endangered. Indicate measures which will be taken to protect wildlife
and their habitats.
(x) Environmental resources-water quality:
I. Identify any waste water disposal areas, including stormwater runoff, septic tank
drain-fields, impervious surfaces and construction-related runoff; describe anticipated
volume and characteristics. Indicate measures taken to minimize the adverse impacts of
these potential pollution sources upon the quality of the receiving waters prior to, during,
and after construction; identify the nearshore water quality; and identify how this
development will not adversely impact the nearshore water quality.
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2. Indicate the degree to which any natural drainage patterns have been incorporated into
the drainage system of the project.
b. A community impact statement, including:
(i) General description of proposed development:
]. Provide a general written description of the proposed development; include in this
description the proposed phases of development or operation and facility utilization,
target dates for each of these, and date of completion; in addition, indicate the site size,
developing staging and appropriate descriptive measures such as quantity and type of
residential units, commercial floor area, tourist accommodation units, seating and parking
capacities; for residential development, indicate the anticipated unit-per-acre density of
the (:ompleted project;
2. Identify aspects of the project design, such as a clustering, which were incorporated to
reduce public facilities costs and improve the scenic quality of the development; describe
building and siting specifications which were utilized to reduce hurricane and fire damage
potential to comply with federal flood insurance regulations and the comprehensive land
use plan.
(ii) Impact assessment on public facilities and water supply:
]. Identify projected daily potable water demands at the end of each development phase
and specify any consumption rates which have been assumed for the projection;
2. Provide proof of coordination with the Florida Keys Aqueduct Authority; assess the
present and projected capacity of the water supply system and the ability of such system
to provide adequate water for the proposed development;
3. Describe measures to ensure that water pressure and flow will be adequate for fire
protection for the type of construction proposed.
(iii) Public facilities-wastewater management:
1. Provide proof of coordination with the Florida Department of Health and
Rehabilitative Services;
2. Provide projection of the average flows of wastewater generated by the development
at the end of each development phase; describe proposed treatment system, method and
degree of treatment, quality of effluent, and location of effluent and sludge disposal areas;
identify method and responsibilities for operation and maintenance of facilities;
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3. If public facilities are to be utilized, provide proof of coordination with the Monroe
County Waste Collection and Disposal District; assess the present and projected capacity
of the treatment and transmission facilities and the ability of such facilities to provide
adequate service to the proposed development;
4. If applicable, provide a description of the volume and characteristics of any industrial
or other effluents.
(iv) Public facilities-solid waste:
I. Identify projected average daily volumes of solid waste generated by the development
at the end of each phase; indicate proposed methods of treatment and disposal;
2. Provide proof of coordination with Monroe County Municipal Services District;
assess the present and projected capacity of the solid waste treatment and disposal system
and the ability of such facilities to provide adequate services to the proposed
development;
3. Comply with the requirements of section 9.5-426 of this chapter concerning any
applicable traffic study.
(v) Public facilities-transportation:
I. Provide a projection of the expected vehicle trip generation at the completion of each
development phase; describe in terms of external trip generation and average daily and
peak hour traffic;
2. If the project site is adjacent to U.S. I, describe the measures, such as setbacks and
access limitations, which have been incorporated into the project design to reduce impacts
upon U.S. I.
(vi) Housing:
I. If the project includes residential development, provide breakdown of the proposed
residential units by price range or rental range and type of unit such as single-family,
dupkx, townhouse, etc.;
2. If lots are to be sold without constructed dwelling units, indicate the number and
perc<:ntage of such lots and the extent of improvements to be made prior to sale;
3. Assess the potential of the proposed development to meet local or regional housing
needs; in particular, indicate any measures taken to provide low-and moderate-income
housing.
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(vii) Special considerations:
I. Describe the relationship of the proposed development to the comprehensive land use
plan objectives and policies; also indicate relationships [between] existing or proposed
public facilities plans; identify any conflicts;
2. Indicate any relationships of the project to special land use and development district
such as airport noise and hazard zones, solid or liquid waste treatment or disposal areas;
3. If applicable, assess the impact of the proposed development upon other adjacent or
nearby municipalities or counties.
(viii) The data and information provided in a community impact statement shall be
coordinated with data and other information and/or permits required by local, regional,
state or federal regulatory or reviewing agencies as appropriate to the major conditional
use proposed.
(b) Review by the Development Review Committee: An application for a major
conditional use permit shall be reviewed by the development review committee within
thirty (30) working days after receipt of a complete application. The development review
committee shall give comments to the applicant, responsible staff and the planning
direc:tor. Within thirty (30) working days of the meeting or within thirty working days
after any additional information required from the applicant is furnished, the department
shall provide for advertisement of any required public hearing by the planning
commiSSion.
(c) Public Hearing on an Application for a Major Conditional Use Permit: The
planning commission shall hold a public hearing on the application for a major
conditional use permit and shall, issue a development order granting, granting with
conditions or denying the application for a major conditional use permit, within thirty
calendar days of the Planning Commission meeting or of the applicants fulfilling
conditions precedent to the development order.
(d)Appeal of a Conditional Use Approved by the Planning Commission: The applicant,
an adjacent property owner, or any aggrieved or adversely affected person, as defined by
Florida Statutes section 163.3215(2), or any person who presented testimony or evidence
at the public hearing conducted pursuant to subsection (c), may request an appeal of the
planning commission's major conditional use decision under the hearing officer appellate
Page 7 of9
November 19, 2008 BOCC
article of these regulations [9 9.5-532 et seq.] by filing the notice required by that article
2 within thirty (30) days of execution of the written decision of the planning commission.
3
4 Section 3. Severability.
5 If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall
6 be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not
7 affect, impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof
8 shall be confined to the section, paragraph, subdivision, clause, sentence, or provision
9 immediately involved in the controversy in which such judgment or decree shall be rendered.
10
II Section 4. Cont1ictiDl~ Provisions.
12 In the case of direct conflict between any provision of this ordinance and a portion or
13 provision of any appropriate federal, state, or County law, rule code or regulation, the more
14 restri cti ve shall apply.
15
16 Section 5. Transmittal.
17 This ordinance shall be transmitted by the Planning and Environmental Resources
18 Department to the Florida Department of Community Affairs to determine the consistency of
19 this ordinance with the Florida Statutes and as required by F.S. 380.05(6) and (II).
20
21 Section 6. Filinl!:.
22 This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall
23 not become effective until a notice is issued by the Department of Community Affairs or
24 Administration Commission approving the ordinance.
25
26 Section 7. Effective Date.
27 This ordinance shall become effective as provided by law and stated above.
28
29
30 REMAINDER OF PAGE LEFT INTENTIONALLY BLANK
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14~~;~~ L KOLHAGE, CLERK
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November 19, 2008 BOCC
I PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 1 Q..h
ofNnv....hPT 2008,
Mayor George Neugent
Yes
Yes
Mayor Pro Tern Sylvilla Mulq>hy
CommissionerMario Dill ,Gennaro
Yes
Commissioner Heather Carruthers
Yes
Commissioner KiJa WigtiJngton
YeR
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BYC1~~ .4
Deputy Clerk
~iF- L:. 'n-..~e.<f-.
By
Mayor/Chairperson Geo\:lge Neugent
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Page 9 of 9
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
FAX (305) 295-3663
BRANCH OFFICE:
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
BRANCH OFFICE:
PLANT A TION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
www.clerk-of-the-court.com
ROTH BUILDING
50 HIGH POINT ROAD
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 853-7440
December 15, 2008
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
Via Certified Mail 7005 1160 0000 38412396
Dear Ms. Cloud,
Enclosed are certified copies of the following:
Ordinance No. 028-2008 amending Sections 9.5-68 and 9.5-69 of the Monroe County
Code concerning conditional uses; amending procedures and deleting obsolete provisions;
providing for severability; providing for repeal of inconsistent provisions; providing for
transmission to the Department of Community Affairs and the Secretary of State; providing for
an effective date.
Ordinance No. 029-2008 adopting an amendment to the Year 2010 Monroe County
Comprehensive Plan pursuant to F.S. Section 163-3177(3)(b); amending Table 4.1 Five-Year
Schedule of Capital Improvements (Exhibit A) and amending Section 4.0 Capital Improvements
Implementation; providing for severability; providing for repeal of inconsistent provisisions;
providing for transmission to the Department of Community Affairs and the Secretary of State;
providing for an effective date.
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting, held in formal session, on November 19, 2008. Please file for record.
Should you have any questions please feel free to contact me at (305) 295-3 I 30.
Danny 1. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by: Pamela G. Hancock, D.C.
cc: Via E-Mail to the following:
Growth .Management
County Attorney
BOCC
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CHARLIE CRIST
Governor
I-I'EriO ~
~LORIDA DEPARTMENT of STAT~
STATE LIBRARY AND ARCHIVES OF FLORIDA
KURT S. BROWNING
Secretary of State
December 30, 2008
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County
500 Whitehead Street, Suite 10 1
Key West, Florida 33040
Attention: Isabel C. DeSantis, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
letter dated Decl~mber IS, 2008 and certified copies of Monroe County Ordinance Nos. 028-2008 and
029-2008, which were filed in this office on December 19, 2008.
Sincerely,
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DIRECTOR'S OFFICE
R.A. Gray Building. 500 South Bronough Street. Tallahassee, Florida 32399-0250
850.245.6600 . FAX: 850.245.6735 . TOO: 850.922.4085 . http://dlls.dos.state,f].us
COMMUNiTY DEVELOPMENT
850.245.6600 . FAX: 850.245.6643
8T A TE LIBRARY OF FLORIDA
850.245.6600 . FAX: 850.245.6744
5T A TE ARCHIVES OF FLORIDA
850.245.6700 . FAX: 850.488.4894
LEGISLATIVE LIBRARY SERVICE
850.488.2812 . FAX: 850.488.9879
RECORDS MANAGEMENT SERVICES
850.245.6750 . FAX: 850.245.6795
ADMINlSTRA TIVE CODE AND WEEKLY
850.245.6270 . FAX: 850.245.6282
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DCA Final Order No.: DCA09-0R-043
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
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FINAL ORDER 3?3c ~ ~
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The Department of Community Affairs (the "Department") hereby issues-;ns ~al1:er~
pursuant to ~~ 380.05(6), Fla. Stat., and ~ 380.0552(9), Fla. Stat. (2007), approving a land
In re: MONROE COUNTY LAND
DEVELOPMENT REGULATIONS
ADOPTED BY MONROE COUNTY
ORDINANCE NO. 028-2008
/
development regulation adopted by a local government within the Florida Keys Area of Critical
State Concern 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 December 22, 2008, the Department received for review Monroe County
Ordinance No. 028-2008 ("Ord. 028-2008"), adopted by Monroe County on November 19, 2008.
Ord. No. 2008-28 amends Section 9.5-68 and 9.5-69, Monroe County Code, concerning
Conditional Uses.
3. The purpose of Ord. No. 2008-28 is to clarify the application, submittal and
procedural requirements for Minor and Major Conditional Uses.
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
State Concern. ~ 380.05(6), Fla. Stat., and ~ 380.0552(9), Fla. Stat. (2007).
5. Monroe County is a local government within the Florida Keys Area of Critical
State Concern. ~ 380.0552, Fla. Stat. (2007) and Rule 28-29.002 (superseding Chapter 27F-8),
Fla. Admin. Code.
DCA Final Order No.: DCA09-0R-043
6. "Land development regulations" include local zoning, subdivision, building, and
other regulations controlling the development of land. S 380.031 (8), Fla. Stat. (2007). The
regulations adopted by Ord. 028-2008 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") as set forth in S 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.
8. Ord. 028-2008 promotes and furthers the following Principles:
(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.
(d) To ensure the maximum well being of the Florida Keys and its
citizens through sound economic development.
9. Ord. 028-2008 is consistent with the Principles for Guiding Development as a
whole.
10. Ord. 028-2008 furthers Monroe County Comprehensive Plan Objective 102.3
requiring Monroe County to adopt Land Development Regulations which will direct new
development to areas having appropriate topography and soil conditions and to where site
disturbance and man's activities will have fewer adverse effects on natural vegetation, terrestrial
wildlife, natural landforms and marine resources..
WHEREFORE, IT IS ORDERED that Ord. 028-2008 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.
2
DCA Final Order No.: DCA09-0R-043
DONE AND ORDERED in Tallahassee, Florida.
~fA 1L4-~j~/
CHARLES GAUTHIER, AICP
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 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 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
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
ADMINISTRA TIVE CODE. A T 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,
3
DCA Final Order No.: DCA09-0R-043
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~ Jo;:ect copies have been furnished
to the persons listed below by the method indicated this ~ay of February, 2009.
4
DCA Final Order No.: DCA09-0R-043
By U.S. Mail:
Honorable George Neugent
Mayor of Monroe County
Florida Keys Marathon Airport
9400 Overseas Highway, Suite 210
Key West, Florida 33050
Danny L. Kolhage
Clerk to the Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
Andrew Trivette
Growth Management Director
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
By Hand Delivery or Interagency Mail:
Craig Diamond, Bureau of State Planning, DCA Tallahassee
Rebecca Jetton, ACSC Administrator, DCA Tallahassee
Richard E. Shine, Assistant General Counsel, DCA Tallahassee
5