Ordinance 032-2001
ORDINANCE NO. 032-2001
AN ORDINANCE AMENDING THE MONROE COUNTY CODE
BY ADDING SECTION 9.5-124, NON-RESIDENTIAL RATE OF
GROWTH ORDINANCE (NROGO); PROVIDING FOR THE
SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
THE INCORPORATION INTO THE MONROE COUNTY CODE;
AND DIRECTING THE CLERK OF THE COURT OF THE BOARD
TO FORWARD A CERTIFIED COpy OF THIS ORDINANCE TO
THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, The Monroe County Board of County Commissioners, during a regular
meeting held on July 21, 2001, conducted a review and consideration of the request for an
amendment to add Section 9.5-124 (NROGO) to the Monroe County Code to provide for an
allocation system for non-residential floor area, which maintains the ratio of residential to non-
residential development as required in the 2010 Comprehensive Plan; and
WHEREAS, Policy 101.3 of the Monroe County Year 2010 Comprehensive Plan (2010
Plan) requires Monroe County to regulate non-residential development to maintain a balance of
land uses; and
WHEREAS, Policy 101.3.1 specifies that a permit allocation system, comprised of a
residential permit allocation system and a commercial permit allocation system, be adopted; and
WHEREAS, pursuant to Policy 101.3.3, Monroe County shall maintain a ratio of
approximately 239 square feet of non-residential development for each new residential unit
permitted through the permit allocation system; and
WHEREAS, on January 4, 1996, the county instituted a de facto moratorium because the
amount of non-residential floor area permitted between the adoption of the 2010 Plan and the
effective date of the Plan exceeded the 239 feet ratio established by the Plan; and
WHEREAS, residential development has continued and by December 2000 had equaled
the non-residential permits issued; and
WHEREAS, Policy 101.5.5 requires the County to implement a permit allocation and
point system for non-residential development; and
WHEREAS, the point system was modified to better fulfill Objective 101.5, to
encourage redevelopment, maintain and enhance the community character, protect natural
resources, encourage a. compact pattern of development, and to encourage the development of
affordable housing.
WHEREAS, an Employee Fair Share Impact Fee is established because all new non-
residential floor area creates a need for employee housing and the availability and stability of
employee housing is essential for the economic health of Monroe County.
WHEREAS, the Development Review Committee met on February 15, 2001 and
conducted a public meeting and recommended approval to the Planning Commission of the
proposed amendments; and
WHEREAS, the Monroe County Planning Commission reviewed the draft ordinance,
took testimony during a public hearing conducted at seven meetings between February 28 and
June 13,2001, and recommend approval to the Board of County Commissioners of the addition
to the text of the Monroe County Land Development Regulations, Section 9.5-124 (NROGO) as
indicated in Resolution P42-01; and
WHEREAS, the Board of County Commissioners examined the proposed addition of
Section 9.5-124 (NROGO) to the Monroe County Code submitted by the Monroe County Growth
Management Division and recommended by the Monroe County Planning Commission; and
WHEREAS, the Monroe County Board of County Commissioners hereby supports the
decision of the Planning Commission and recommendations of the Growth Management staff;
and
WHEREAS, it is the desire of the Board that the following amendment to the County
Code be approved, adopted, and transmitted to the state land planning agency for approval; and
NOW THEREFORE; BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT
Section 1. The Monroe County Code is amended to add Section 9.5-124 to read as follows:
Sec. 9.5-124. Non-residential rate of growth ordinance (NROGO).
(a) Purpose and intent: The purposes and intent of the non-residential rate of growth
ordinance are:
(1) To facilitate implementation of goals, objectives and policies set forth in the
comprehensive plan relating to maintaining a balance between residential and non-
residential growth.
(1) To maintain a ratio of approximately 239 square feet of non-residential floor area for
each new residential permit issued through the residential rate of growth ordinance
(ROGO).
(3) To promote the upgrading and expansion of existing small-size businesses and to
retain the predominately small scale character of non-residential development in the
Florida Keys.
(4) To regulate the rate and location of non-residential development in order to further
deter deterioration of public facility service levels, environmental degradation and
potential land use conflicts.
(5) To allocate the non-residential floor area annually hereunder, based on the goals,
objectives and policies of the comprehensive plan and the Livable CommuniKeys
master plans.
(b) Definitions: The words and phrases used in this section shall have the meanings
prescribed in this chapter, except as otherwise indicated as follows:
Annual allocation period means the twelve-month period beginning on July 14, 2001,
and subsequent one-year periods which is used to determine the amount of non-residential floor
area to be allocated based on the number of ROGO allocations to be issued in the upcoming
ROGO year.
Allocation date means the specific date and time by which applications for the NROGO
allocation applications will be accepted and processed.
Annual non-residential ROGO allocation means the maximum floor area for which
building permits may be issued during an annual allocation period.
Community master plan means a plan adopted by the Board of County Commissioners as
part of the Monroe County Livable CommuniKeys Program.
Controlling date has the same meaning as the definition Sec. 9.5-120 (b), except it shall
apply to NROGO applications under this section.
Historic Resources means a building, structure, site, or object listed or eligible for listing
individually or as a contributing resource in a district in the National Register of Historic Places,
the State Inventory of Historic Resources or the Monroe County Register of Designated Historic
Properties.
lnfill means development or redevelopment of land that has been bypassed, remained
vacant, and/or underused in otherwise built up areas, which are serviced by existing
infrastructure.
lnfill site means any parcel or parcels of land that meets anyone of the following criteria:
1. Has been designated as appropriate for non-residential development in an adopted
community master plan, or
2. Located within two hundred (200) feet of an existing non-residential use in the
Industrial (1), Marine Industrial (MI), Urban Commercial (UC), Sub Urban
Commercial (sq, and Mixed Use (MU) Districts, as measured from property line to
property line, which fronts on the same side of the public right-of-way as the subject
property, or
3. Has existing non-residential uses with more than five hundred (500) square feet of
lawfully established non-residential floor area.
Non-residential floor area means the sum of the gross floor area for a non-residential
structure as defined in Sec. 9.5-4, any areas used for the provision of food and beverage services
and seating whether covered or uncovered, and all covered, unenclosed areas except for
walkways, stairways, entryways, parking and loading. Non-residential floor area is not space
occupied by transient residential and institutional residential principal uses.
Non-residential ROGO allocation means the maximum amount of non-residential floor
area for which building permits may be issued in a given time period.
Non-residential ROGO allocation award means the approval of a non-residential ROGO
application for the issuance of a building permit to authorize construction of new non-residential
floor area.
Site means the parcel(s) of land or parcels required to be aggregated under Sec. 9.5-256
to be developed or from which existing non-residential floor area is to be transferred or received.
Sunshade means an unenclosed structure used as protection from the weather.
Storage area means the outdoor storage of boats, campers, equipment, and materials for
more than 24 hours. This is considered a light industrial use and does not include waste transfer
stations, junkyards or other heavy industrial uses.
Sec. 9.5-124.1. General provisions.
(a) Non-residential ROGO allocation award required: No building permit shall be
issued after January 4, 1996, that results in additional non-residential floor area on a site unless
that non-residential development has received a non-residential allocation award, or is determined
to be exempt as provided below.
(b) Applicable geographic area: The NROGO allocation system shall apply within the
unincorporated area of Monroe County, Florida.
Sec. 9.5-124.2. Type of development affected.
(a) The NROGO shall apply to the development of non-residential floor area and other uses
as described in subsection (b) and (c) below for which a building permit or development approval
is required by this chapter and for which building permits have not been issued prior to the
effective date of the non-residential permit allocation system.
(b) Not withstanding the provisions of Sec. 9.5-4 (0-8) Development, the following new
uses shall be prohibited until appropriate areas are so designated in a community master plan:
(1) Commercial retail high-intensity uses that generate more than one hundred and fifty
(150) trips per thousand (1,000) square feet of floor area.
(2) Storage areas, as a principal use.
(3) Outdoor retail sales areas on a vacant lot and any new or expanded outdoor retail sales
associated with structures of less than five hundred (500) square feet of floor area.
(c) New or expanded outdoor retail sales associated with a lawfully established structure,
existing on the effective date of this ordinance, of at least five hundred (500) square feet of floor
area may be permitted with a minimum of a minor conditional use approval.
Sec. 9.5-124.3. Type of development not affected.
(a) The NROGO shall not apply to the development described below:
(1) Development with no net increase in non-residential floor area: The redevelopment,
rehabilitation or replacement of any lawfully established non-residential floor area
which does not increase the amount of non-residential floor area greater than that
which existed on the site prior to the redevelopment, rehabilitation or replacement.
(2) Areas exemptedfrom residential ROGO: Any area of unincorporated Monroe County
exempted from residential ROGO as provided for in Sec. 9.5-120.4.
(3) Public/governmental uses: Public/governmental uses, including capital
improvements [as defined by Sec. 9.5-4 (C-5)] and public buildings [as defined by
Sec. 9.5-4 (P-18)].
(4) Development activity for certain not-for-profit organizations: Non-residential
development activity by federally tax exempt not-for-profit educational, scientific,
religious, social, cultural and recreational organizations which predominately serve
the county's permanent population if approved by the Planning Commission after
review by the planning director.
(5) Vested rights: Landowners with a valid, unexpired development of regional impact
approval granted by the county prior to January 4, 1996, (effective date of the
comprehensive plan) or an approved vesting determination by the county from the
non-residential allocation requirements of this section and the comprehensive plan.
(6) De minimis expansion of non-residential floor area: The cumulative expansion, after
January 4, 1996, of any existing non-residential floor area by one hundred (100)
square feet or less.
(7) Industrial uses: Industrial uses in the Maritime Industrial (MI) and the Industrial (I)
Land Use Districts provided that the floor area is restricted to manufacturing,
assembly, wholesaling, and distribution uses. All other uses which, may be permitted
in the Land Use District are subject to the requirements of this Ordinance and will
require a Non-Residential Rate of the Growth Ordinance (NROGO) allocation.
(8) Agriculture/Aquacultural uses: Lawfully established agricultural and aquacultural
uses in the Agricultural and Aquaculture Use Overlay (A).
(9) Sunshade: Unenclosed sunshades comprising in total not more than two hundred
(200) square feet may be permitted for an existing lawfully established use.
(10) Transfer off-site of existing non-residential floor area: The demolition and
transfer off-site of non-residential floor area from a sender site and the development
of the transferred non-residential floor area on a receiver site in accordance with the
following procedures and criteria:
a. Eligibility of sender floor area: Only non-residential floor area within an enclosed
structure, as defined in Sec. 9.5-4 (F-9), not including uncovered areas designated for
food and beverage services and seating, shall be eligible for transfer. Non-residential
floor area shall meet all the following criteria:
l. Be lawfully established; and
ii. Is not be contained within a structure of historic value or a structure which
contributes significantly to the character of the streetscape; and
111. Is not located within any area of unincorporated Monroe County exempted
from residential ROGO as provided for in Sec. 9.5-120.4 or exempted from
NROGO under subsections (3), (4), (6), (7), or (8) above.
b. Criteria for redevelopment of non-residential floor area off-site: In order to redevelop
off-site, a receiver site shall be evaluated for site conditions and shall meet all of the
following criteria:
1. Has existing lawfully established non-residential floor area or is an infill site;
and
ii. Is located in the same ROGO subarea as the sender site; and
iii. Is not a commercial retail high intensity use which will generate more than
150 trips per one thousand (1000) square feet of floor area; and
IV. Is not located on Big Pine Key, No Name Key or within a CARL acquisition
area; and
v. Receives no negative environmental points when evaluated pursuant to Sec.
9.5-124.8 (a) (4) or (5) or (6); and
VI. Is not located in a "V" zone pursuant to Sec. 9.5-124.8 (a) (8), and
vii. Is not located in a coastal barrier resources system pursuant to Sec. 9.5-124.8
(a) (9); and
Vll1. Is not located in an offshore island/conservation land protection area
pursuant to Sec. 9.5-124.8 (a) (10).
c. Limitations on the amount of non-residential floor area which may be transferred to
anyone site: The amount of non-residential floor area which may be transferred to
anyone site shall be as follows:
1. No more than a maximum cumulative total of four thousand (4,000) square
feet of non-residential floor area may be transferred to anyone site.
11. A receiving structure with existing non-residential floor area shall not be
expanded using transferred floor area if the expansion results in a structure
with more than ten thousand (10,000) square feet of non-residential floor
area, except within the Urban Commercial Land Use District where a
structure may be expanded to a maximum total of fifty thousand (50,000)
square feet of non-residential floor area.
iii. The amount of non-residential floor area that may be transferred to or from a
site shall not be less than two hundred (200) square feet and shall be in
increments of"100" (i.e., 200, 300, 400, etc.) square feet.
d. Procedures for transfer of non-residential floor area: The following procedures shall
be followed for permitting transfer of non-residential floor area off site:
1. A pre-application conference and at a minimum, a minor conditional use
approval shall be required for both the sender site and the receiver site.
ii. The sender non-residential floor area shall be assigned a unique identifier
number(s), for each one hundred (100) square foot increments, that shall be
used for tracking and monitoring by the planning department. The unique
identifier number shall be itemized in the conditional use orders and building
permits required for both the sender and receiver sites. All floor area to be
transferred shall be rounded to the nearest one hundred (100) square feet.
iii. No building permit shall be issued for the non-residential floor area on the
receiver site until the sending site structure is demolished as per an issued
demolition permit and a final inspection for the demolished floor space has
been completed by the building department.
Sec.9.5-124.4. NROGO allocations.
(a) Maximum amount of available floor area for the annual non-residential ROGO
allocations: The maximum amount of floor area available for allocation under NROGO shall be
determined by multiplying the number of residential permits available for the annual residential
allocation period year by two-hundred thirty-nine (239) square feet and rounding the product to
the nearest one hundred (100) square feet. This maximum total may be adjusted as provided for
in subsection 9.5-124.6(a). For the first annual allocation period, the maximum amount of floor
area that may be made available for allocation is to be based upon the number of permits issued
under ROGO, starting with the Third Quarter, ROGO Year 1 (starting April 14, 1993) through
ROGO Year 9 (ending July 13,2001) and number of ROGO allocations to be made in ROGO
Year 10, reduced by the amount of non-residential floor area approved in permits, issued after
the adoption of the comprehensive plan on April 15, 1993. Any remaining part of the maximum
annual allocation not made available for allocation in an annual allocation period by the Board of
County Commissioners in Sec. 124.4 (g) shall be carried over to the next annual allocation
period.
(b) Maximum allocation of non-residential floor area by site: The amount of non-
residential floor area to be allocated shall be limited to a maximum of two-thousand five hundred
(2,500) square feet for anyone site, except for sites designated for non-residential development in
a community master plan. For sites located within a community master plan, the maximum
allocation shall only be limited by the maximum floor area per structure in subsection (c) below.
(c) Maximum floor area per structure: An existing structure shall not receive an
allocation that expands the structure to more than ten thousand (10,000) square feet of non-
residential floor area, except that non-residential floor area of structures in the Urban Commercial
Land Use District may be expanded to not more than fifty thousand (50,000) square feet.
(d) Large and small size allocations: A minimum of seventy-five percent (75%) of the
available floor area to be allocated in any annual allocation period shall be for applications
requesting floor area of two thousand five hundred (2,500) square feet or less. The remaining
twenty-five percent (25%) may be allocated to applications requesting floor area of more than
two thousand five hundred (2,500) square feet.
(e) Annual allocation and semiannual allocation periods: The maximum annual amount
of non-residential floor area which may be made available for allocation and the distribution
between small (2,500 square feet or less) and large ( more than 2,500 square feet) allocations
shall be established by the Board of County Commissioners consistent with the provisions of Sec.
9.5-124.4 (a) and (d) upon the recommendation of the Planning Commission and planning
director as set forth in Sec. 124.4 (g). The allocation shall be made available on acounty-wide
basis. The amount of non-residential floor area which, may be made available for each allocation
period as determined in Sec. 9.5-124.4 (g), may be available for allocation awards after the first
allocation date of that year. Any floor area not allocated in this first allocation or floor area that
becomes available later in the current allocation period under provisions of Sec. 9.5-124.6 (a)
may be made available for allocation awards after a second allocation date.
(t) Allocation dates: To be considered for an allocation award, all NROGO applications
must be submitted to the planning department and deemed complete by the planning director by
no later than 4:00 p.m. on the specified allocation date. The first allocation date of a NROGO
annual allocation period shall be the last day of the fourth quarter ROGO allocation period,
except that for the first NROGO annual allocation period, the allocation date shall be January 1,
2001. The second allocation date for the current NROGO annual allocation period, if necessary,
shall be the last day of the second quarter ROGO allocation period.
(g) Board of County Commissioners action required: The Board of County
Commissioners shall adopt by resolution the total amount of non-residential floor area, which
may be made available for the annual allocation and the distribution of this allocation between
small and large size allocations after receiving recommendations from the Planning Commission
and planning director. The Planning Commission shall make its allocation recommendations to
the Board of County Commissioners at least ninety (90) days prior to the annual allocation date.
The Board of County Commissioners shall establish the annual maximum allocation, the
allocation to be made available for the first allocation period and the distribution between small
and large size allocations by no later than sixty (60) days prior to the allocation date.
(h) Annual allocation: The Board of County Commissioners may make available for
allocation all or part of the maximum annual allocation. This annual allocation may be
distributed between the two allocation dates.
Sec. 9.5.124.5. Application procedures for NROGO.
(a) Applicationfor allocation: The planning department shall accept applications to enter
the NROGO system on forms provided by the planning director. The NROGO application form
must be accompanied by an approved building permit application in order to be considered in the
current annual allocation period. The application must state for which allocation category an
award is being sought, either two thousand five hundred (2,500) square feet or less, or more than
two thousand five hundred (2,500) square feet. The planning director shall review the NROGO
application for completeness. If the application is determined to be incomplete, the planning
director shall reject the NROGO application and notify the applicant of such rejection, and the
reasons therefore, within ten (10) working days. If determined to be complete, the application
shall be assigned a controlling date.
(b) Fee for review of application: Each NROGO application shall be accompanied by a
nonrefundable processing fee as may be established by resolution of the Board of County
Commissioners. Additional fees are not required for successive review of the same NROGO
application unless the application is withdrawn and resubmitted.
(c) Compliance with other requirements: The NROGO applications shall indicate
whether the applicant for the non-residential floor area allocation has satisfied and complied with
all county, state, and federal requirements otherwise imposed by Monroe County regarding
conditions precedent to issuance of a building permit and shall require that the applicant certify to
such compliance.
(d) Time of review: Notwithstanding the time periods set forth in Sec. 9.5-113, the
director of planning may retain the allocation application and its associated building permit
application for review pursuant to the evaluation procedures and criteria set forth in Sec. 9.5-
124.6 and Sec. 9.5-124.8.
(e) Non-county time periods: The county shall develop necessary administrative
procedures and, if necessary, enter into agreements with other jurisdictional entities which impose
requirements as a condition precedent to development in the county, to ensure that such non-
county approvals, certifications and/or permits are not lost due to the increased time requirements
necessary for the county to process and evaluate residential dwelling unit applications and issue
allocation awards. The county may permit evidence of compliance with the requirements of other
jurisdictional entities to be demonstrated by "coordination letters" in lieu of approvals or permits.
(f) Limitation on number of applications:
(1) An individual entity or organization may have only one (1) active NROGO
application
per site in the annual allocation period.
(2) There shall be no limit on the number of separate projects for which NROGO
applications may be submitted by an individual, entity or organization.
(g) Expiration of allocation award: An allocation award shall expire when its
corresponding building permit is deemed to expire pursuant to Sec. 9.5-115 and Sec. 9.5-115.1 or
after sixty (60) days of mailing of notification for the award of the allocation of non-residential
floor area.
(h) Withdrawal of NROGO application: An applicant may elect to withdraw a NROGO
application without prejudice at any time up to finalization of the evaluation rankings by the
Planning Commission. Revision and resubmission of the withdrawn application must be in
accordance with subsection (i) below.
(i) Revisions to applications and awards:
(1) Upon submission of NROGO application, an applicant may revise the application if
it is withdrawn and resubmitted prior to the allocation date for the allocation period
in which the applicant wishes to compete. Resubmitted applications shall be
considered "new", requiring payment of appropriate fees and receiving a new
controlling date.
(2) After receipt of an allocation award, and either before or after receipt of a building
permit being obtained, but prior to receipt of a certificate of occupancy or final
inspection, no revisions shall be made to any aspect of the proposed non-residential
development which formed the basis for the evaluation review, determination of
points and allocation rankings, unless such revision would have the effect of
increasing the points awarded.
(3) After the receipt of an allocation award, a building permit and a certificate of
occupancy or final inspection, no revision shall be made to any aspect of the
completed non-residential development which formed the basis for the evaluation,
review, determination of points and allocation rankings, unless such revisions are
accomplished pursuant to a new building permit and unless such revisions would
have the net effect of either maintaining or increasing the number of points originally
awarded.
(j) Clarification of application data:
(1) At any time during the NROGO allocation review and approval process, the applicant
may be requested by the director of planning or the Planning Commission, to submit
additional information to clarify the relationship of the allocation application, or any
elements thereof, to the evaluation criteria. If such a request is made, the director of
planning shall identify the specific evaluation criterion at issue and the specific
information needed and shall communicate such request to the applicant.
(2) Upon receiving a request from the director of planning for such additional
information, the applicant may provide such information; or the applicant may
decline to provide such information and allow the allocation application to be
evaluated as submitted.
Sec. 9.5-124.6. Evaluation procedures for non-residential floor area allocation.
(a) Acijustment of non-residential floor area allocations: At the start of each annual
allocation period and prior to the second allocation date, as part of his duties in Sec. 124.4 (g), the
planning director shall recommend to the Planning Commission additions or subtractions to the
basic allocation, based upon any of the following, as appropriate:
(1) The amount of floor area allocation awards that expired during the current annual
allocation period.
(2) The amount of floor area allocation awards available which were not allocated at the
first allocation of the current annual allocation period;
(3) A portion or all of the remaining maximum floor area not made available in the
current or previous annual allocation period; and
(4) Any other modifications required or provided for by the comprehensive plan.
(b) Initial evaluation of allocation applications: Upon receipt of completed NROGO
allocation applications, the director of planning or his designee shall evaluate the allocation
applications pursuant to the evaluation criteria set forth in Sec. 9.5-124.8.
(1) Within thirty (30) days of an allocation date, unless otherwise extended by the
Planning Commission, the planning director shall:
a. Complete the evaluation of all allocation applications submitted during the
relevant allocation period; and
b. Total the amount of square footage for which allocation applications have been
received; and
c. Rank the floor area allocation applications in descending order from the highest
evaluation point total to the lowest for each size classification.
(2) If the amount of floor area represented in the allocation applications by size
classification is equal to or less than the available allocation, the director of planning
may make a recommendation to the Planning Commission that all of the allocation
applications be granted allocation awards.
(3) If the total amount of floor area represented in the allocation applications by size
classification, is greater than the available floor area, the director of planning shall
submit an evaluation report to the Planning Commission indicating the evaluation
rankings and identifying those applications whose ranking puts them within the
allocation, and those applications whose ranking puts them outside of the allocation.
(c) Public hearings and allocation awards: Upon completion of the evaluation ranking
report and/or recommendation, the director of planning shall schedule and notice a public hearing
by the Planning Commission pursuant to otherwise applicable regulations.
(1) At or prior to the public hearing, the Planning Commission may request, and the
director of planning shall supply, copies of the allocation applications and the
director of planning evaluation worksheets.
(2) Upon review of the allocation applications and evaluation worksheets, the Planning
Commission may adjust the points awarded for meeting a particular criteria, adjust
the rankings as a result of changes in points awarded, or make such other changes as
may be appropriate and justified.
(3) The basis for Planning Commission changes shall be specified in the form of a motion
to adopt the allocation rankings and may include the following:
a. An error in the designation of the application's size classification.
b. A mistake in the application of one (1) or more_ of the evaluation criteria.
c. A misinterpretation of the applicability of an evaluation criterion.
(4) The public, including, but not limited to, applicants for allocation awards, shall be
permitted to testify at the public hearing. Applicants may offer testimony about their
applications or other applications; however, in no event may an applicant offer
modifications to an application that could change the points awarded or the ranking
of the application.
(5) At the conclusion of the public hearing, the Planning Commission may:
a. Move to accept the evaluation rankings as submitted by the director of planning.
b. Move to accept the evaluation rankings as may be modified as a result of the
public hearing.
c. Move to continue the public hearing to take additional public testimony.
d. Move to close the public hearing but to defer action on the evaluation rankings
pending receipt of additional information.
e. Move to reject the evaluation rankings.
(6) The Planning Commission shall finalize the evaluation rankings within sixty (60)
days following initial receipt of the director of planning evaluation ranking, report
and recommendation.
(d) Notification to applicants: Upon finalization of the evaluation rankings by the
Planning Commission, notice of the rankings by size classification, shall be posted at the planning
department offices and at such other places as may be designated by the Planning Commission.
(1) Applicants who receive allocation awards shall be further notified by certified mail,
return receipt requested. Upon receipt of notification of an allocation award, the
applicant may request issuance of a building permit for the applicable development
of the allocated non-residential floor area.
(2) Applicants who fail to receive allocation awards shall be further notified by certified
mail, return receipt requested; without further action by such applicants nor the
payment of any additional fee, such applications shall remain in the NROGO system
for reconsideration at the next allocation in the current or following annual
allocation period.
(e) Identical rankings: If two (2) or more allocation applications in a given size
classification receive an identical evaluation ranking and both (or all) cannot be granted
allocation awards within the allocation period, the Planning Commission shall award the
allocation to the completed application first submitted, based on the controlling date of the
application. If two (2) or more such completed applications were submitted with the same
controlling date, the available allocation shall be awarded to the application with the fewest
number of negative points.
Sec. 9.5-124.7. Administrative relief.
(a) Eligibility: An applicant is eligible for administrative relief under the provisions of
this section if all the following criteria are met:
(1) The applicant has complied with all requirements of the non-residential permit
allocation system.
(2) The subject application has not been withdrawn; and
(3) The subject application has been considered in at least three (3) of four (4)
consecutive annual allocation periods and has failed to receive an allocation award.
(b) Application: An application for administrative relief shall be made on a form
prescribed by the director of planning and may be filed with the planning department no earlier
than the conclusion of the third annual allocation period and no later than ninety (90) days
following the close of the fourth annual allocation period.
(c) Waiver of rights: Failure to file an application shall constitute a waiver of any rights
under this section to assert that the subject property has been taken by the county without
payment of just compensation as a result of the non-residential floor area allocation system.
(d) Processing and review by planning director: Upon the filing of an application for
administrative relief, the director of planning shall prepare a written report with recommendation
and forward the report to the Board of County Commissioners along with all relevant files and
records relating to the subject application. The planning director shall advertise and schedule a
public hearing for consideration of the application by the Board of County Commissioners.
(e) Public hearing: At a public hearing, the Board of County Commissioners may review
the relevant application and applicable evaluation ranking, taking testimony from county staff and
others as may be necessary and hear testimony and review documentary evidence submitted by
the applicant. At the conclusion of the public hearing, the Board may take any or a combination
of the following actions:
(1) Grant the applicant an allocation award for all or a part of the non-residential floor
area requested in the next allocation awards.
(2) Offer to purchase the property at its fair market value.
(3) Suggest such other relief as may be necessary and appropriate.
Sec. 9.5-124.8. Evaluation criteria.
(a) Evaluation point values: The following point values established are to be applied
cumulatively except where otherwise specified:
(1) Infill: The following points are intended to encourage the infill of areas served by
existing infrastructure:
Point assignment: Criteria:
+ 10 An application which proposes non-residential
development on an infill site served by existing
infrastructure, including at a minimum, potable
water, electricity, and roadways, which the
county engineer determines is paved.
Additional requirements:
In order to be considered "served," the
necessary infrastructure must be both:
I. Located along the same street as the lot or
parcel proposed for development; and
2. In place since July 13, 1992.
(2) Intensity reduction: The following points are intended to encourage the voluntary
reduction of intensity:
Point assiJ!1lment: Criteria:
+4 An application proposes development that
reduces the permitted floor area ratio (FAR) to
twenty three percent (23%) or less.
Additional requirements:
A legally binding restrictive covenant running
in favor of Monroe County that limits the floor
area ratio of the property to a maximum of
twenty three percent (23%) for a period of ten
(10) years shall be approved by the Board of
County Commissioners and recorded prior to
the issuance of any building permit pursuant to
an allocation award.
(3) Land dedication: The following points are intended to encourage the voluntary
dedication of vacant, buildable land within those areas proposed for acquisition by
governmental agencies for the purposes of conservation or resource protection:
Point assif{nment: Criteria:
+ 1 An application which includes the dedication
to Monroe County of one (1) vacant, legally
platted buildable lot or at least one (1) acre of
unplatted buildable land located within a
Conservation Land Protection Area or areas
proposed for acquisition by governmental
agencies for the purposes of conservation and
resource protection.
+1 An application which includes the dedication
to Monroe County of either an additional
legally platted, buildable lot, or an additional
one (l) acre of unplatted buildable land located
m areas proposed for acquisition by
governmental agencies for the purposes of
conservation or resource protection.
-10 An application which proposes non-residential
development within the Coupon Bight or
C.A.R.L. acquisition areas.
- 10 An application which proposes non-residential
development within the "secondary zone"
defined by the U.S. Fish and Wildlife Service
in the Habitat Management Guidelines for the
Bald Eagle in the Southeast Region, 1987,
incorporated herein by reference.
(7) Perseverance points: The following points are intended reward an application based
upon the number of years spent in the NROGO system without receiving an
allocation award:
Point assignment: Criteria:
+1 A point shall be awarded on the anniversary of
the controlling date for each year that the
application remains in the NROGO system.
(8) Coastal high hazard area: The following points are intended to discourage
development in a coastal high hazard area (CHHA):
Point assignment: Criteria:
- 1 An application which proposes non-residential
development within a "A" zone on the FEMA
flood insurance rate map.
-8 An application which proposes non-residential
development within a "V" zone on the FEMA
flood insurance rate map.
+ 1 An application which proposes non-residential
development within a "X" zone on the FEMA
flood msurance rate map.
Additional requirements:
1. The term coastal high hazard area (CHHA)
is defined in Sec. 9.5-4 and the applicable areas
are shown on the most recent Federal
Emergency Management Agency (FEMA)
flood insurance rate map.
(9) Coastal barrier resources system (CBRS): The following points are intended to
discourage development of the CBRS:
Point assignment: Criteria:
- 10 Application proposes development within units
of the coastal barrier resources system (CBRS).
Additional requirements:
1. The term coastal barrier resources system
(CBRS) IS defined in Sec. 9.5-4 and the
applicable areas are shown on the most recent
FEMA flood insurance rate map.
(10) Conservation land protection areas: The following points are intended to discourage
development, which impacts conservation land protection areas:
Point assignment: Criteria:
-2 An application, which proposes a development
located within a Conservation Land Protection
Area as defined in Sec. 9.5-4.
(11) Historic resources: The following points are intended to encourage protection of
historic and archaeological resources:
Point assignment: Criteria:
- 10 An application which proposes an undertaking
adversely impacting, removing, or destroying
historic resources.
+ 10 An application which proposes an undertaking
preservmg, rehabilitating, restoring, or
reconstructing historic resources.
Additional requirements:
The Secretary of the Interior's Standards for the
Treatment of Historic Properties shall be used
in making the determinations, and the Historic
Preservation Commission shall make the
determination.
(12) Highway access: The following points are intended to encourage connections
between commercial uses and reduction of the need for trips and access onto US
Highway 1:
Point assignment: Criteria:
+5 The development's parking lot is connected
to an adjacent non-residential parking lot; or
the applicant records a driveway easement in
favor of the public to connect the applicant's
parking lot to an adjacent, non-residential
parking lot; or the development does not
propose an additional driveway onto US
Highway 1
Additional Requirements:
Properties with no access to U.S. Highway 1
are only eligible to receive these points if
direct access is to a State Road or County
collector road as designated in the
comprehensive plan.
(13) Landscaping and water conservation: The following points are intended to
encourage the planting of native vegetation and promote water conservation:
Point assiJ!1lment: Criteria:
+3 The project provides a total of twice (2x) the number of
native landscape plants on its property than the number
of native landscape plants required by this chapter within
landscaped bufferyards and parking areas.
+1 Twenty-five percent (25%) of the native plants provided
to achieve the three (3) point award above or provided to
meet the landscaped bufferyard and parking area
requirements of this chapter are listed as threatened or
endangered plants native to the Florida Keys.
+2 Project landscaping is designed for water conservation
including use of xeriscape principles such as vegetation
is one hundred (100%) native plants and rainfall is
collected and directed to landscaped areas, or reused
wastewater or treated seawater is used for watering
landscaped plants.
Additional requirements:
Prior to the issuance of a building permit authorized by
an allocation award, the applicant shall:
I.Post a two-year performance bond in accordance with
this chapter to ensure maintenance of the native plants;
and,
2. Shall sign an affidavit acknowledging that he is
subject to code enforcement action should the native
plants not be maintained.
Sec. 9.5-124.9. Employee Housing Fair Share Impact Fee
(a) Purpose: All new non-residential floor area, including commercial/business, institutional, and
industrial development, creates a direct or indirect requirement for employee housing. The
availability and stability of employee housing stock is essential for the economic health of
Monroe County. Therefore all applicants for new or transferred non-residential floor area shall be
assessed a fee to be used by Monroe County to address employee housing issues.
(b) Type of development affected:
(1) All new non-residential floor area under Sec. 9.5-124.2 (a).
(2) The following development activities exempted under Sec. 9.5-124.3 are subject to the
Employee Housing Fair Share Impact Fee:
a. Non-residential development in areas exempted from residential ROGO. (Sec. 9.5-124.3
(a)(2)).
b. Development activity for certain not-for-profit organizations. (Sec. 9.5. 124.3(a)(4)).
c. Vested rights. (Sec. 9.5-124.3(a)(5)).
d. De minimis expansion of non-residential floor area. (Sec. 9.5-124.3(a)(6)).
e. Industrial uses. (Sec. 9.5-124.3(a)(7)).
f. Transfer and redevelopment off-site of lawfully established non-residential floor area,
which has not operated commercially for three years or more. (Sec. 9.5-124.3.3(a)(l0)).
(c) Establishment of Fee Schedule: An applicant for any new non-residential floor area,
identified in subsection (b) above, shall pay, prior to the issuance of a building permit, a fair
share employee housing fee as established by the following schedule:
Structures for non-residential uses of one (1) to 2,000 square feet
$1.00 per square foot
Structures for non-residential uses containing more than 2,000 square feet
square foot*
$2.00 per
*The fee is calculated on the total new or transferred non-residential floor area subject to f. above,
not just on that portion above 2000 square feet.
(d) Proceeds from the impact fees collected shall be deposited in the employee housing fair share
impact fee account and used exclusively to offset the cost of required permitting and connection
fees related to the development of new employee housing, in accordance with a schedule and
procedures recommended by the Planning Commission and approved by the Board of County
Commissioners.
Section 2.
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 validity.
Section 3.
This ordinance shall be filed in the Office of the Secretary of State of Florida, but
shall not become effective until a notice is issued by the Department of
Community Affairs or Administrative Commission approving the ordinance.
Section 4.
This ordinance shall be transmitted by the Planning Department to the
Department of Community Affairs to determine the consistency of this ordinance
with the Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
at a regular meeting held on the 19 th day of September , A.D., 2001.
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Mayor George Neugent yes
Mayor Pro Tem Nora Williams yes
Commissioner Charles "Sonny" McCoy yes
Commissioner Murray Nelson yes
Commissioner Dixie Spehar yes
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FWRIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
MONROE COUN1Y COURTHOUSE
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3663
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
October 9, 2001
Mrs. Liz Cloud, Chief
Bureau of Administrative Code & Laws
The Elliott Building
401 S Monroe Street
Tallahassee FL 32399-0250
Via Certified Mail 7099 3400 0005 91186312
Dear Mrs. Cloud,
Enclosed please find certified copies ofthe following Ordinances:
Ordinance No. 030A-2001 amending Section 2-15.1(b) Monroe County Code, in order
to change the department title of Civil Defense to Emergency Management; authorizing the
Sheriff to declare a state of local emergency; providing for severability; providing for the repeal
of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County
Code of Ordinances; and providing an effective date.
Ordinance No. 031A-2001 prohibiting parking on County Roads during certain times for
the purposes of street cleaning; providing that parking prohibition for street cleaning purposes is
not effective until official signs stating the parking prohibition have been in place for thirty days;
providing for penalties; providing for severability; providing for the repeal of all Ordinances
inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances;
and providing an effective date.
Ordinance 032-2001 adding Section 9.5-124, Non-Residential Rate of Growth
Ordinance (NROGO); providing for the severability; providing for the repeal of all Ordinances
inconsistent herewith; providing for the incorporation into the Monroe County Code; and
directing the Clerk of the Court of the Board to forward a certified copy of this Ordinance to the
Florida Department of Community Affairs and providing an effective date.
October 9, 2001
Ordinance No. 033-2001 amending Article vn Division 16 of the Monroe County Land
Development Regulations, Section 9.5-434, Wireless Communications Facilities; and Sections
9.5-232 through 9.5~254, pennitted uses; to establish regulations and standards for the zoning
and management of Wireless Communications Facilities within unincorporated Monroe County;
providing severability; providing for conflict with other code provisions; and providing an
effective date.
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting in formal session on September 19, 2001. Please file for record.
Should you have ~y questions please feel free to contact me at (305) 292-3550.
Danny L. Kolhage
Clerk to Circuit Court
and ex officio Clerk to the
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a G. H cock, Deputy Clerk
Cc: County Administrator w/o documents
Sheriffs Office 030A-2001
Public Safety 030A-2001 & 033-2001
Public Works 031A-2001
Growth Management 032-2001 & 033-2001
County Attorney
BOCC
File
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CERTIFIED MAIL RECEIPT
(Domestic Mail Only; No Insurance Coverage provided)
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PS Form 3800 Jul~ 1999 See Reverse for lnstructlo
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:
Mrs. Liz Cloud
Bureau of Administrative Code
The Elliott Building
401 S Monroe Street
Tallahassee FL 32399-0250
(Ord.030A/031A/032/033-2001)
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OCT 15 2001
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4. Restricted Delivery? (Extra Fee)
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1 02595-00-M-0952
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 lnfonnation Services
Division of Licensing
MEMBER OF THE FLORIDA CABINET
HISTORIC PRESERVATION BOARDS
Historic Florida Keys Preservation Board
Historic Palm Beach COWlty Preservation Board
Historic Pensacola Preservation Board
Historic Sl Augustine Preservation Board
Historic Tallahassee Preservation Board
Historic TampalHillsborough COWlty
Preservation Board
FLORIDA DEPARTMENT OF STATE
Katherine Harris
Secretary of State
DIVISION OF ELECTIONS
RINGLING MUSEUM OF ART
October 16,2001
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:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge
receipt of your letter dated October 9, 2001 and certified copies of Monroe County
Ordinance Nos. 030A-2001, 031A-2001, 032-2001 and 033-2001, which were filed
in this office on October 12, 2001.
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BUREAU OF ADMINISTRATIVE CODE
The Elliot Building . 401 South Momoe Street . Tallahassee, Florida 32399-0250 . (850) 488-8427
FAX: (850) 488-7869 . WWW Address: http://www.dos.state.tl.us . E-Mail: election@mail.dos.statejl.us
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DCA Final Order No. DcA~pR-l(;t
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STATE OF FLORIDA -2.? 'j2 ~
DEPARTMENT OF COMMUNITY AFFAIRS ~~.~ v.?
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In re: MONROE COUNTY LAND DEVELOPMENT
REGULATIONS ADOPTED BY
MONROE COUNTY ORDINANCE NO. 032-2001
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. 032-2001 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 October 17, 2001, the Department received for review Monroe County Ordinance
No. 032-2001 which was adopted by the Monroe County Board of County Commissioners on
September 19,2001 ( "Ord. 032-2001 "). Ord. 032-2001 adds a Non-residential Rate of Growth
Ordinance (NROGO) - Section 9.5-124 of the Monroe County Land Development Regulations.
3. Ord. 032-2001 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
State Concern. 99380.05(6) and (11), Fla. Stat., and 9 380.0552(9), Fla. Stat. (2000).
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DCA Final Order No. DCAOl-OR-224
5. Monroe County is a local government within the Florida Keys Area of Critical State
Concern. S 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. S 380.031 (8), Fla. Stat. (2000). The regulations
adopted by Ord. 032-2001 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. 032-2001 promotes and furthers the following Principles of 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 of
the area of critical state concern designation.
(b) To protect shoreline and marine resources including mangroves, coral reef
formations, seagrass beds, wetlands, fish and wildlife, and their habitat.
(c) To protect upland resources, tropical biological communities, freshwater wetlands,
2
DCA Final Order No. DCAOI-OR-224
native tropical vegetation, (for example, hardwood hammocks and pinelands), dune
ridges and beaches, wildlife, and their habitat.
(d) To ensure the maximum well-being of the Florida Keys and its citizens through
sound economic development.
(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.
(g) To protect the historical heritage of the Florida Keys.
9. Ord. 032-2001 is not inconsistent with the remaining Principles. Ord. 032-2001 is
consistent with the Principles for Guiding Development as a whole.
WHEREFORE, IT IS ORDERED that Ord. 032-2001 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, Florida.
{l-~
CARl ROTI{ ACTING DIRECTOR
Division of Community Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
3
DCA Final Order No. DCAOl-OR-224
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 REPRESENT A TIVE, 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
ADMINISTRA TIVE 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
4
DCA Final Order No. DCAOl-OR-224
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 tru~an orrect copies have been furnished to
the persons listed below by the method indicated this . ay of December, 2001.
(vJI?
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Paula Ford, Agency ClerIt
ByU.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
5
DCA Final Order No. DCAOl-OR-224
Timothy J. McGarry, AICP
Director, Growth Management Division
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
By Hand Deliverv 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
6