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Item Q18 Ron Miller (305) 240-0164 Barry Patterson (305) 453-8558 December 5, 2008 Ms. Susan Grimsley Assistant County Attomey Monroe County Government Center 2798 Overseas Highway Marathon, Florida 33050 Re: Proposed Amendments to Section 9.5-511 Land Development Regulations Dear Ms. Grimsely: We are supplying additional information with reference to the December 2,2008 Planning Commission, specifically: 1. The inclusion of publici v owned lands under the 200/0 rule. Historically, citizen groups have never received a response or participation from governmental and publicly owned entities that administrators public lands in Monroe County, e.g. DEP, FKEC, Monroe County land Authority and FDOT. Additionally, in the case of the Monroe County Land Authority, each County Commissioner sits as a member of the Land Authority. The BOCC normally hears zoning and FLUM changes. We have a clear conflict of interest. Conclusion: Language should be included in this LDR stating that all publicly owned lands shall be excluded. We suggest amending 9.5.511(d) (6) f. to read as follows: No publicly or government owned lands nor the area used as right of way for U.S. 1 shall not be included in any calculations for number of owners or percentage of ownership, but shall be included in the distance calculation from the affected property. Q) lS Ms. Susan Grimsley Assistant County Attorney Re: Proposed Amendments to Section 9.5-511 Land Development Regulations December 5, 2008 Page No.2 of 2 pages 2. Affected properties distance calculation - 200ft vs. 300ft Increasing the distance calculation to include properties within 300ft vs. 200ft is more than just 'housekeeping'. There is no justification to increase the distance of affected properties and the only purpose it serves is to place a greater burden on neighboring property owners. Conclusion: All references to "... 300 ft of the affected property..." should be changed to "... 200ft of the affected property..." Sincerely, ".. :1I>;".':'-'-';-'" (.., / ..;->_. L.,';"'- -";"-;.: / .'/" >~ \_~.;. ..-- j'j / -' (305) 240-0164 Ron Miller, Upper Keys Citizens Association (305) 453-8558 Barry Patterson, Smart Planning and Growth Coalition cc: Commissioner Sylvia Murphy Planning Commissioners