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Ordinance 018-2013AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING AN AMENDMENT TO THE LAND USE DISTRICT MAP TO ESTABLISH THE BOUNDARIES OF THE ROCKLAND KEY COMMERCIAL RETAIL CENTER OVERLAY DISTRICT, AS DESCRIBED IN SECTION 130 -131 OF THE MONROE COUNTY CODE, FOR PROPERTY LEGALLY DESCRIBED AS PARCELS OF LAND IN PART OF GOVERNMENT LOT 7, SECTION 21, TOWNSHIP 67 SOUTH, RANGE 26 EAST, ROCKLAND KEY, MONROE COUNTY, FLORIDA, HAVING REAL ESTATE NUMBERS 00122070.000200 00122070.000201 00122070.000400 00122070.000500 00122070.000600 00122080.000200 00122080.000300, 00122080.000303 AND 00122080.000304; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR AMENDMENT TO THE LAND USE DISTRICT MAP; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Trepanier & Associates, Inc., on behalf of several property owners, filed an application for an amendment to the Monroe County Land Use District Map to establish the boundaries of a new overlay district, the Rockland Key Commercial Retail Center Overlay District; and WHEREAS, the subject property is located along a northern segment of the Overseas Highway (US 1) on Rockland Key, approximate Mile Marker 9, and is legally described as parcels of land in part of Government Lot 7, Section 21, Township 67 South, Range 26 East, Monroe County, Florida, having real estate numbers 00122070.000200, 00122070.000201, 00122070.000400, 00122070.000500, 00122070.000600, 00122080.000200, 00122080.000300, 00122080.000303 and 00122080.000304; and Page I of 5 WHEREAS, through a separate text amendment process, the land development regulations associated with the overlay district are set forth in a new section of the Monroe County Code (MCC), Section 130 -131; and WHEREAS, this map amendment application is contingent on approval and codification of the associated text amendment application which establishes the Rockland Key Commercial Retail Overlay District and its accompanying regulations within the Monroe County Code; and WHEREAS, the purpose of the overlay district is to address special land use circumstances of Rockland Key and the Lower Keys is to address the commercial retail needs of the community and provide benefits to the community and the public; and WHEREAS, affected properties would maintain their underlying existing land use (zoning) district designations; and WHEREAS, during a regularly scheduled meeting held on November 13, 2012, the Monroe County Development Review Committee reviewed the ordinance and the Chair recommended denial to the Board of County Commissioners unless revisions were carried out as discussed at the Development Review Committee meeting; and WHEREAS, during a regularly scheduled public hearing held on November 28, 2012, the Monroe County Planning Commission reviewed the ordinance and recommended approval to the Board of County Commissioners; and WHEREAS, based upon the information and documentation submitted, the Board makes the following Findings of Fact: In 1986, as part of a county -wide rezoning, the land use district designation of the majority of the subject property was amended to Industrial (1). A small portion of the subject property along the western boundary was amended to Native Area (NA); 2. In 1997, a majority of the subject property was given a Future Land Use Map (FLUM) designation of Industrial (1) with the final adoption of the future land use maps. A small portion of the subject property along the western boundary was designation Residential Conservation (RC); 3. Map amendments to the Monroe County Land Use District Map shall not be inconsistent with the provisions and intent of the Monroe County Comprehensive Plan; 4. MCC Sec. 102 -158 states that map amendments are not intended to relieve particular hardships, nor to confer special privileges or rights on any person, nor to permit a change in community character, as analyzed in Monroe County Comprehensive Plan, but only to make necessary adjustments in light of changed conditions; and 5. MCC Sec. 102- 158(d)(5)(b) of the Monroe County Code provides that one or more of the following criteria must be met for a map amendment: Page 2 of 5 a. Changed projections (e.g., regarding public service needs) from those on which the text or boundary was based; b. Changed assumptions (e.g., regarding demographic trends); c. Data errors, including errors in mapping, vegetative types and natural features described in volume I of the plan; d. New issues; e. Recognition of a need for additional detail or comprehensiveness; f. Data updates; g. For FLUM changes, the principles for guiding development as defined in the Florida Statutes relating to changes to the comprehensive plan; and 6. Map amendments to the Monroe County Land Use District Map shall not be inconsistent with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern; and WHEREAS, based upon the information and documentation submitted, the Board makes the following Conclusions of Law: 1. The proposed map amendment is consistent with the provisions of the Monroe County Code: a. The existing, underlying Industrial (I) and Native Area (NA) Land Use Districts shall not be affected by this application; b. The Rockland Key Commercial Retail Center Overlay District is consistent with the purposes of the Industrial (I) and Native Area (NA) Land Use Districts, as set forth in MCC Sec. 130 -33 and Sec. 130 -39; c. The Rockland Key Commercial Retail Center Overlay District is consistent with the densities and intensities of the Industrial (I) and Native Area (NA) Land Use Districts, as set forth in § 130 -57, § 130 -62 and § 130 -64 of the Monroe County Code; d. As required by §102 -158 of the Monroe County Code, the proposed map amendment does not relieve particular hardships, nor confer special privileges or rights on any person, nor permit a change in community character, as analyzed in the Monroe County Year 2010 Comprehensive Plan; e. The proposed map amendment sets forth additional detail and a more comprehensive policy framework for the uses and regulations of the mapped sub -area and meets the criteria in MCC Sec. 102- 158(d)(5)b.5; f. The proposed map amendment recognizes the change in assumptions regarding demographic trends and community needs; 2. The proposed map amendment is consistent with the provisions and intent of the Monroe County Year 2010 Comprehensive Plan: a. The existing, underlying Industrial (I) and Native Area (NA) Land Use Districts correspond, respectively, to the Future Land Use Map (FLUM) designations of Industrial (I) and Residential Conservation (RC) as set forth in Policy 101.4.21 of the Monroe County Year 2010 Comprehensive Plan; Page 3 of 5 b. The Rockland Key Commercial Retail Center Overlay District is consistent with the purposes of the Industrial (I) and Residential Conservation (RC) Future Land Use Map (FLUM) designations, as set forth in Policies 101.4.7 and 101.4.1 of the Monroe County Year 2010 Comprehensive Plan; c. The Rockland Key Commercial Retail Center Overlay District is consistent with the densities and intensities of the Industrial (I) and Residential Conservation (RC) Future Land Use Map (FLUM) designations, as set forth in Policy 101.4.21 of the Monroe County Year 2010 Comprehensive Plan; 3. The proposed map amendment is not inconsistent with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern; NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: Section 1. The Board specifically adopts the findings of fact and conclusions of law stated above. Section 2. The previously described property shall be designated as the Rockland Key Commercial Retail Center Overlay District as shown on the attached map, which is hereby incorporated by reference and attached as Exhibit 1. Section 3. Severability. If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or provision immediately involved in the controversy in which such judgment or decree shall be rendered. Section 4. Conflicting Provisions. In the case of direct conflict between any provision of this ordinance and a portion or provision of any appropriate federal, state, or county law, rule code or regulation, the more restrictive shall apply. Section 5. Transmittal. This ordinance shall be transmitted to the Florida State Land Planning Agency as required by F.S. 380.05 (11) and F.S. 380.0552(9). Page 4 of 5 Section 6. Filing. This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not become effective until a final order is issued according to F.S. 380.05(6) by the Florida State Land Planning Agency or Administration Commission approving the ordinance, and if the final order is challenged, until the challenge to the order is resolved pursuant to Chapter 120 of the Florida Statutes. Section 7. Inclusion on the Monroe County Code's Official Land Use District Man. The provisions of this Ordinance shall be included and incorporated on to the Official Land Use District Map of Monroe County. Section 8. Auplication This ordinance applies to any relevant application submitted after the effective date. Section 9. Effective Date. This ordinance shall become effective as provided by law and stated above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 17th day of April , 2013. Mayor George Neugent Mayor Pro Tem Heather Carruthers Commissioner Danny Kolhage Commissioner Sylvia Murphy Commissioner David Rice Yes Yes Yes Yes Ye s _9 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Attest: Amy Heavilin, Clerk By Deputy Clerk tm I CQ r i By Mayor George Neugent Page 5 of 5 ;0114ROE COUNTY ATTORNEY PRO AS TO FORM: SU': M. GRIMS pSSISTA BOUNTY ATT R�NyEZY Rockland Key Overlay District Proposal: Monroe County Landuse District overly covering nine parcels on Rockland Key (34.8 acres) 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 Ms. Liz Cloud, Program Administrator Administrative Code & Weekly R.A. Gray Building 500 S Bronough Street Tallahassee FL 32399 -0250 Dear Ms. Cloud, May 31, 2013 BRANCH OFFICE: PLANTATION KEY GOVERNMENT CENTER 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852 -7146 ROTH BUILDING 50 HIGH POINT ROAD PLANTATION KEY, FLORIDA 33070 TEL. (305) 852 -7145 FAX (305) 853 -7440 Via Certified Mail 70121010 0003 4990 5217 Enclosed please find certified copies of the following: Ordinance No. 017 -2013 establishing Section 130 -131 of the Monroe County Code, creating a new overlay district, entitled the Rockland Key Commercial Retail Center Overlay District, and its associated regulations. Ordinance No. 018 -2013 amending the Land Use District (Zoning) Map by establishing the boundaries of a new overlay district, entitled the Rockland Key Commercial Retail Center Overlay District, on property having a legal description of parcels of land in Part of Government Lot 7, Section 21, Township 67 South, Range 26 East and having real estate (RE) numbers 00122070.000200, 00122070.000201, 00122070.000400, 00122070.000500, 00122070.000600, 00122080.000200, 00122080.000300, 00122080.000303 and 00122080.000304. These Ordinances were adopted by the Monroe County Board of County Commissioners at a Regular Meeting, held in formal session, on April 17, 2013. Please file for the record. Should you have any questions please feel free to contact me at (305) 295 -3130. Respectfully submitted, < y COUNTy C U N ti4O� COUNIY.4`'OP CLERK OF THE CIRCUIT COURT MONROE COUNTY www.clerk -of- the - court.com Amy Heavilin, CPA, Clerk of the Circuit Court and ex officio Clerkof the Board of County Commissioners by: Pamela G. Hancock, D.C. c: County Attorney via e-mail Growth Management via e-mail File D• • • Provided Lr! Er Er Q Postage $ EY w Certified Fee t S M V O Return Receipt Fee �j Pos C3 (Endorsement Required) WA He � Restricted Delivery Fee 4p, W ° (Endorsement Required) W I r 0 a O Total Postage & Fees a Program ru Sent To Administrative Code and Weekly ra Sfreef, - Q ra $uitdi C Y i1 J orP06 r- or P --ffQ'Pt-S-nuih-Brianough- Street .-------------------------- city, : Nlfatlassee, Florida 32399 -0250 • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is 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: Program Administrator Administrative Code and Weekly R.A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399 -0250 A Signature ❑ Agent X DEPT OF ❑ Addressee B. Received by ( Printed Name) C. Date of Delivery JUN 0 51013 D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. ice Type MCerdW Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandbs �� / ❑ Insured Mail ❑ C.O.D. C T'l 4 '�wt.Ci 01 0 a p 4. Restricted Deliveyt (Extra Fee) ❑ Yes 2. Article Number 7012 1010 0003 4 9 9 0 5 217 (transf fro service Iabso Domestic Return Receipt 102595-024A-1,% ps Form 3811 February 2004 _ _ FLORIDA DEPARTMENT 0 STATE RICK SCOTT Governor June 5, 2013 Honorable Amy Heavilin Clerk of the Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Pamela G. Hancock, Deputy Clerk Dear Ms. Heavilin: KEN DETZNER Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated May 31, 2013 and certified copies of Monroe County Ordinance No. 017 -2013 and 018 -2013, which were filed in this office on June 5, 2013. Sincerely, A — u4j Liz Cloud Program Administrator 3 0 .. LC /elr ` 3 = r= . M ter c ca ,. co c) a s ti rr; .. o R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250 Telephone: (850) 245 -6270 • Facsimile: (850) 488 -9879 www.dos.state.tl.us FINAL ORDER NO. DEO -13 -074 STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY The Department of Economic Opportunity ( "Department ") hereby issues its Final Order, pursuant to §§ 380.05(6) and 380.0552(9), Fla. Stat. (2012), approving land development regulations adopted by Monroe County, Florida, Ordinance No. 018 -2013 (the "Ordinance "). FINDINGS OF FACT 1. The Florida Keys Area is designated by § 380.0552, Fla. Stat., as an area of critical state concern. Monroe County is a local government within the Florida Keys Area. 2. The Ordinance was adopted by Monroe County on April 17, 2013, and received by the Department on June 11, 2013. 3. The Ordinance amends the County's land use district map to establish the boundaries of the Rockland Key Commercial Retail Center Overlay District for property described as parcels of land in part of Government Lot 7, Section 21, Township 67 South, Range 26 East, Rockland Key, Monroe County, Florida, and having the real estate numbers described in the Ordinance. The Rockland Key Commercial Retail Center Overlay District itself was established by Monroe County Ordinance No. 017 -2013, which was previously approved by the Department by Final Order No. DEO -13 -068. 1 O In re: A LAND DEVELOPMENT REGULATION © -70r- w C Q ADOPTED BY MONROE COUNTY, FLORIDA, ` i `T r -n ORDINANCE NO. 018 -2013 rn w c-' ° FINAL ORDER APPROVING MONROE COUNTY ORDINANCE NO. 018-2013 CD j The Department of Economic Opportunity ( "Department ") hereby issues its Final Order, pursuant to §§ 380.05(6) and 380.0552(9), Fla. Stat. (2012), approving land development regulations adopted by Monroe County, Florida, Ordinance No. 018 -2013 (the "Ordinance "). FINDINGS OF FACT 1. The Florida Keys Area is designated by § 380.0552, Fla. Stat., as an area of critical state concern. Monroe County is a local government within the Florida Keys Area. 2. The Ordinance was adopted by Monroe County on April 17, 2013, and received by the Department on June 11, 2013. 3. The Ordinance amends the County's land use district map to establish the boundaries of the Rockland Key Commercial Retail Center Overlay District for property described as parcels of land in part of Government Lot 7, Section 21, Township 67 South, Range 26 East, Rockland Key, Monroe County, Florida, and having the real estate numbers described in the Ordinance. The Rockland Key Commercial Retail Center Overlay District itself was established by Monroe County Ordinance No. 017 -2013, which was previously approved by the Department by Final Order No. DEO -13 -068. 1 FINAL ORDER NO. DEO -13 -074 CONCLUSIONS OF LAW 4. The Department is required to approve or reject land development regulations that are adopted by any local government in an area of critical state concern. §§ 380.05(6) and (11) and § 380.0552(9), Fla. Stat. 5. Land development regulations" include local zoning, subdivision, building, and other regulations controlling the development of land. § 380.031(8), Fla. Stat. The land use district map adopted by the Ordinance is a land development regulation as defined by statute. 6. All land development regulations enacted, amended, or rescinded within an area of critical state concern must be consistent with the principles for guiding development for that area. §§ 380.05(6) and 380.0552(9), Fla. Stat. The Principles for Guiding Development for the Florida Keys Area of Critical State Concern are set forth in § 380.0552(7), Fla. Stat. 7. The Ordinance is consistent with the Principles for Guiding Development as a whole, and specifically furthers the following Principles in § 380.0552(7), Fla. Stat.: (a) Strengthening 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) Ensuring the maximum well -being of the Florida Keys and its citizens through sound economic development. (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida Keys. 8. The Ordinance is consistent with Goal 102, Policy 105.2.2, Objective 108.1.7, and Policy 108.2.1 of the Monroe County Comprehensive Plan. WHEREFORE, IT IS ORDERED that Monroe County Ordinance No. 018 -2013 is found to be consistent with the Principles for Guiding Development for the Florida Keys Area of Critical State Concern and is hereby APPROVED 2 FINAL ORDER NO. DEO -13 -074 This Order becomes effective 21 days after publication in the Florida Administrative Register unless a petition is timely filed as described in the Notice of Administrative Rights below. DONE AND ORDERED in Tallahassee, Leon County, WILLIAM B. Division of Co Department of GSWORTH, Director y Development tic Opportunity 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 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 3 FINAL ORDER NO. DEO -13 -074 YOU WILL HAVE THE OPPORTUNITY TO PRESENT EVIDENCE AND ARGUMENT ON ALL THE ISSUES INVOLVED, CONDUCT CROSS- EXAMINATION AND SUBMIT REBUTTAL EVIDENCE, SUBMIT PROPOSED FINDINGS OF FACT AND ORDERS, AND 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 ECONOMIC OPPORTUNITY 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: AGENCY CLERK DEPARTMENT OF ECONOMIC OPPORTUNITY OFFICE OF THE GENERAL COUNSEL 107 EAST MADISON STREET, MSC 110 TALLAHASSEE, FLORIDA 32399 -4128 Telephone: 850-245-7150 Fax Number 850- 921 -3230 Email: Miriam.Snipes @deo.myflorida.com 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. rd FINAL ORDER NO. DEO -13 -074 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 and correct copies have been furnished to the persons listed below by the methods indicated this a X day of July, 2013. 'Miriam Snipes, AgAcy Clerk Department of Economic Opportunity 107 East Madison Street, MSC 110 Tallahassee, FL 32399 -4128 Telephone: 850- 717 -8531 By U.S. Mail The Honorable George Neugent Mayor, Monroe County 500 Whitehead Street Key West, FL 33040 Amy Heavilin Clerk to the Board of County Commissioners 500 Whitehead Street Key West, FL 33040 Christine Hurley, Director Monroe County Growth Management Division 2798 Overseas Highway, Suite 400 Marathon, FL 33050 By Hand Delivery or Interagency Rebecca Jetton, ACSC Administrator, DEO Tallahassee 5