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Ordinance 037-2001ORDINANCE NO. 037 -2001 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST OF TOPPINO'S, INC.TO AMEND THE FUTURE LAND USE MAP (FLUM) FROM INDUSTRIAL (I) TO RESIDENTIAL HIGH (RH) FOR PROPERTY LOCATED ON EAST ROCKLAND KEY AND FURTHER DESCRIBED AS PART OF GOVERNMENT LOT 5, SECTION 21, TOWNSHIP 67 SOUTH, RANGE 26 EAST, EAST ROCKLAND KEY, MONROE COUNTY, FLORIDA APPROXIMATELY AT MILE MARKER 9.5, HAVING REAL ESTATE NUMBER 00121980.000600. WHEREAS, the Monroe County Board of County Commissioners, during public meetings held on September 5, 2001, and on October 17, 2001 conducted a review and consideration of a request filed by the applicant to amend the Future Land Use Map (FLUM) from Industrial (I) to Residential High (RH) for property located on East Rockland Key and further described as Part of Government Lot 5, Section 21, Township 67 South, Range 26 East, East Rockland Key, Monroe County, Florida, having real estate number 00121980.000600; and WHEREAS, the Monroe County Planning Commission recommended approval of this future land. use map amendment from Industrial (I) to Residential High (RH) as indicated in Resolution P47-01; and WHEREAS, THE Monroe County Planning Commission held a public hearing on July 11, 2001 and recommended approval; and WHEREAS, the Monroe County Board of County Commissioners made the following findings of fact: 1. Section 9.5-511 (d) (5) b. of the Monroe County Land Development Regulations allows the Board of County Commissioners to consider adopting an ordinance to enact map changes under six listed conditions, specifically changed assumptions and new issues. 2. The application from the applicant to change the Future Land Use Map from Industrial to Residential High (RH). Page 1 of 6 WAPlanning\Working Folders\Gross-Fred\Toppino\bocc flum ord.doc 3. The staff report prepared by K. Marlene Conaway, Director of Planning, dated August 20, 2001. 4. The applicant would utilize the provisions of Chapter 163.3187(1)(c) of the Florida Statutes to facilitate the rezoning process which states that '"any local government comprehensive plan amendments directly related to proposed small scale development activities may be approved without regard to the statutory limits on the frequency of consideration of amendments to the local comprehensive plan". Furthermore, Chapter 163.3187(1)(c)(1)(e) states that "the property subject to the proposed amendment is not located within an area of critical state concern, unless the project subject to the proposed amendment involves the construction of affordable housing meeting the criteria of Chapter 420.0004(3) of the Florida Statutes, and is located within an area of critical state concern designated by Chapter 380.05(1). Such amendment is not subject to the density limitations of sub -paragraph (f), and shall be reviewed by the state land planning agency for consistency with the principles for guiding development applicable to the area of critical state concern where the amendment is located". 5. The map amendment will provide a location for the construction of much needed affordable housing in the lower Keys, and is consistent with and furthers affordable housing Goal 601 objectives and policies of the Monroe County Year 2010 Comprehensive Plan. 6. The pre-1986 zoning of the subject property was General Use (GU) which allowed one residential unit per acre. 7. During the pre-1986 Comprehensive Plan process, the land use (zoning) district of the subject property was changed to Industrial (I). 8. Section 9.5-220 of the Land Development Regulations states that the purpose of the Industrial District (I) is to establish areas that are suitable for the development of industrial and manufacturing uses, warehousing and distribution uses. 9. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan followed the land use district boundaries, categorizing the FLUM for the subject property Industrial (I). 10. On August 15, 2000 a pre -application conference between the applicant and Planning Department staff was held to discuss specifics concerning the development potential of the subject property. Construction of an eighty-five (85) unit affordable housing project was the topic of discussion. It was Page 2 of 6 WAPlanning\Working Folders\Gross-Fred\Toppino\bocc flum ord.doc i determined that amendments to the Land Use District (Zoning) Map would be required from Industrial (I) to Urban Residential (UR) and the Future Land Use Map (FLUM) from Industrial (I) to Residential High (RH) and that Conditional Use approval would also be required with a Residential High (RH) land use designation. 11. The proposed map amendment seeks to change the existing Future Land Use Map designation from Industrial (I) to Residential High (RH). 12. Section 9.5-511 prohibits any map amendments, which would negatively impact community character. 13. The subject property is bordered by the following Future Land Use Map (FLUM) designations: Residential Medium to the east and Industrial (I) to the north and west. To the south, the Key West Brewery has recently completed the process of changing the FLUM designation of its property from Mixed Use/Commercial (MC) to Industrial (I). 14. The Residential High (RH) Future Land Use category corresponds with the land use zoning category, Urban Residential (UR). 15. Objective 101.11 states that Monroe County shall ensure that at the time a development permit is issued, adequate public facilities are available to serve the development at the adopted level of service standards concurrent with the impacts of such development. 16. The 2001 Public Facilities Assessment Report and the listed programs on storm water and wastewater indicate that there are no significant concerns regarding impacts on public facilities. 17. Goal 102 of the Monroe County Year 2010 Comprehensive Plan states that Monroe County shall direct future growth to lands which are intrinsically most suitable for development and shall encourage conservation and protection of environmentally sensitive lands. 18. The proposed map amendment supports Goal 102 since the habitat for the subject property was found to be already disturbed and scarified. Therefore, no negative impacts on the natural resources of the subject property are anticipated. 19. The proposed amendment marginally supports Goal 102 since it changes the development potential of the subject property. The requested change would increase the density while decreasing the maximum intensity. Page 3 of 6 WAPlanning\Working Folders\Gross-Fred\Toppino\bocc flum ord.doc i 20) The amendment does not meet the criteria of the Monroe County Land Development Regulations of Section 9.5-252 (h) Restrictions for Military Airports. The Department of the Navy: study AICUZ identified the area proposed to be rezoned for residential uses as an area within the designation CNR3 that specifically prohibits any residential development. WHEREAS, the Monroe County Board of County Commissioners made the following Conclusions of Law: 1) The amendment meets the criteria outlined in Section 9.5-511(d)(4) b.ii. and iv. of the Monroe County Land Development Regulations in that it will not negatively impact the character of immediate area. 2) The proposed map amendment supports Objective 101.11 of the Monroe County Year 2010 Comprehensive Plan based on the findings of the 2001 Public Facilities Capacity Assessment Report. 3) The proposed land use change is consistent with Objective 101.4 of the Monroe County Year 2010 Comprehensive Plan in that it would not negatively impact the community's character. 4) The proposed map amendment is consistent with Policy 301.2.2 of the Monroe County Year 2010 Comprehensive Plan which states " Monroe County shall not permit new development, which, in combination with all other developments, would significantly degrade the LOS below adopted LOS standards". 5) The amendment does not meet the criteria of the Monroe County Land Development Regulations of Section 9.5-252 (h) Restrictions for Military Airports. The Department of the Navy study AICUZ identified the area proposed to be rezoned for residential uses as an area within the designation CNR3 that specifically prohibits any residential development. The CNR3 designation implies only high noise levels. The zone has no accident potential. It may be possible to employ noise mitigation measures such as double or triple glazing of windows to ameliorate the problem. However, the Land Development Regulations would have to be changed before residential development may be permitted. 6) The proposed map amendment is consistent with and supports affordable housing Goal 601 objectives and policies of the Monroe County Year 2010 Comprehensive Plan which states "Monroe County shall adopt programs and policies to encourage housing of various types, sizes, and price ranges to meet the demands of current and future residents"; NOW THEREFORE Page 4 of 6 WAPlanning\Working Folders\Gross-Fred\Toppino\bocc flum ord.doc i BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: Section 1. This Board specifically adopts the findings of fact and conclusions of law stated above. Section 2. The previously described property which is currently designated Industrial (I) shall be designated Residential High (RH) as shown on the attached map, which is hereby incorporated by reference and attached as Exhibit 1. Section 3. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan shall be amended as delineated in Section 2 above. Section 4. If any section, subsection, sentence, clause, item, change or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 5. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 6. This ordinance is hereby transmitted to the state land planning agency for review and comment pursuant to Chapter 163, Florida Statutes. Section 7. 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 Administration Commission finding the amendment in compliance with Chapter 163. Page 5 of 6 WAPlanning\Working Folders\Gross-Fred\Toppino\bocc flum ord.doc BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: Section 1. This Board specifically adopts the findings of fact and conclusions of law stated above. Section 2. The previously described property which is currently designated Industrial (I) shall be designated Residential High (RH) as shown on the attached map, which is hereby incorporated by reference and attached as Exhibit 1. Section 3. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan shall be amended as delineated in Section 2 above. Section 4. If any section, subsection, sentence, clause, item, change or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 5. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 6. This ordinance is hereby transmitted to the state land planning agency for review and comment pursuant to Chapter 163, Florida Statutes. Section 7. 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 Administration Commission finding the amendment in compliance with Chapter 163. Page 5 of 6 WAPlanning\Working Folders\Gross-Fred\Toppino\bocc flum ord.doc PASSED AND ADOPTED BY THE County Commissioners of Monroe County, Florida, at a public meeting held on the 17th day of October , A.D., 2001. 0 GC LO O w GO L) _ LL)!- C3r C _ 0 r I-)O C� U- ©�[ � _ W W n� O N Mayor George Neugent yes Mayor Pro Tern Nora Williams yes Commissioner Charles ""Sonny" McCoy yes Commissioner Murray Nelson yes Commissioner Dixie Spehar yes BOARD OF COUNTY COMMISSIONERS OF MONJZOE COUNTY, FLORIDA 0 KOLHAGE, CLERK &N, Ma'for-Neugent AP OV AS TO toffi G SU B Attomey Page 6 of 6 W:\Planning\Working Folders\Gross-Fred\Toppino\bocc flum ord.doc The Monroe County Year 2010 Comprehensive Plan Future Land Use Map is proposed to be amended as indicated above and briefly described as: Change Part of Gov. Lot 5 of Sec. 21, Twp 67 S, Rge 26 E., East Rockland Kev .Monroe Countv. Florida from I to RH Pursuant to Effective Date: Director of Planning and Environmental Resources Date Amendment #: 00152 Map # : 8 EXHIBIT 1 � � � � ■ ■ ■ &o77Cc) o m o r Seeeea \ »}k\tf � > $ & ,CD a C., %1! ID o sE� ' ,=], 2 -jr, §c7Es§ 2Ro+l. }»;§QR W\\}�/ . CD <5&2 N W k0�%] f %CD E O 0 E SD @ P x § ® �� ~� m � %OCDCD / \k CD.)/a 7 Cl.CD 2= E CD �. [§ a j}CD m� � $\ƒx \ \P;§ \g ( ƒ§ COD 0 & k « 7 Efk § 2 ƒ § CD, � . ■ � � DIVISIONS OF FLORIDA DEPARTMENT OF STATE Office of the Secretary Division of Administrative Services Division of Corporations Division of Cultural Affairs Division of Elections Division of Historical Resources Division of Library and Information Services Division of Licensing MEMBER OF THE FLORIDA CABINET FT ORIDA DEPARTMENT OF STATE Katherine Harris Secretary of State DIVISION OF ELECTIONS November 14, 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: HISTORIC PRESERVATION BOARDS Historic Florida Keys Preservation Board Historic Palm Beach County Preservation Board Historic Pensacola Preservation Board Historic St. Augustine Preservation Board Historic Tallahassee Preservation Board Historic Tampa/Hillsborough County Preservation Board RINGLING MUSEUM OF ART Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated November 7, 2001 and certified copies of Monroe County Ordinance Nos. 034-2001 through 038-2001, which were filed in this office on November 14, 2001. LC/mp Sincerely, Liz Cloud, Chief Bureau of Administrative Code N O n rj CD :<_j tTi D r - C) O 3i M N �D v M BUREAU OF ADMINISTRATIVE CODE The Collins Building • 107 West Gaines Street • Tallahassee, Florida 32399-0250 • (850) 245-6270 FAX: (850) 245-6282 a WWW Address: http://www.dos.state.fl.us • E-Mail: election@mail. dos. state.}l.us CO - Fc�tage $ a 2 r-1 Geii itied Fee rD s ark Er Return Receipt Fee Li] (Endorsement Rrgv red) OO Restricted Delivery Fee 9 �1 G7 (Endorsement Ragoired) II O Total Postage 24 Fees M _— �" We Ple e Prin 1 to COee� Y � � b ------------ - --- ---- ------------- - "c}�-- P o APO fox No. o ----- ---- wine _ S� ----w/ e 4 � ----- a�4.1fe32399-Do�56 DCA Final Order No.: DCA0I-OR-256 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS fl C�7 N i In re: MONROE COUNTY SMALL SCALE w �, o COMPREHENSIVE PLAN �° r`'CD -� AMENDMENT ADOPTED BY MONROE COUNTY ORDINANCE NO. 037-2001�s a m -n�G, 0 o FINAL ORDER Lr' The Department of Community Affairs (the "Department") hereby issues its Final Order, pursuant to §§ 163.3187(1)(c)le, §§ 380.05(6) and (11), and §§ 380.0552(9), Fla. Stat. (2001), rejecting Monroe County Ordinance No. 037-2001 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 November 13, 2001, the Department received for review Monroe County Ordinance No. 037-2001 which was adopted by the Monroe County Board of County Commissioners ( "Ord. 037-2001 "). Ord. 037-2001 amends the Future Land Use Map of the Monroe County Comprehensive Plan for a 6.63 acre parcel of property located in Monroe County and described as Part of Government Lot 5, Section 21, Township 67 South, Range 26 East, East Rockland Key. Ord. 37-2001 changes the land use designation for this property from Industrial to Residential High to allow the construction of 86 affordable housing units on Rockland Key. 3. This change of land use designation would allow an increased concentration of housing and population in the Air Installation Compatibility Use Zone of the Key West Naval Air facility. The future construction of residential housing in such close proximity to this facility DCA Final Order No.: DCAOI-OR-256 has a high probability of creating conflicts between the future residents of this housing and the U.S. military due to the noise from the aircraft and the potential for accidents in the take -off and landing of these aircraft. 4. Ord. 037-2001 is inconsistent with the Monroe County Comprehensive Plan (Objective 501.1). CONCLUSIONS OF LAW 5. The Department is required to approve or reject small scale comprehensive plan amendments that are adopted by any local government in the Florida Keys Area of Critical State Concern. §§ 163.3187(1)(c)le, §§ 380.05(6) and (11), and § 380.0552(9), Fla. Stat. (2001). 6. Monroe County is a local government within the Florida Keys Area of Critical State Concern., § 380.0552, Fla. Stat. and Rule 28-29.002 (superseding Chapter 2717-8), Fla. Admin. Code. 7. Ord. 37-2001 is a small scale comprehensive plan amendment pursuant to §§163.3187(1)(c), Fla. Stat. 8. Pursuant to the provisions of §§ 163.3187(1)(c)le, Fla. Stat., all small scale comprehensive plan amendments adopted within an area of critical state concern must be consistent with the Principles for Guiding Development set forth in § 380.0552(7), Fla. Stat. (the "Principles"). The Principles are construed as a whole and no specific provision is construed or applied in isolation from the other provisions. 9. Ord. 037-2001 is inconsistent with the following Principles in §380.0552(7): 2 DCA Final Order No.: DCAOI-OR-256 (d) To ensure the maximum well-being of the Florida Keys and its citizens through sound economic development. (h) To protect the value, efficiency, cost-effectiveness, and amortized life of existing and proposed major public investments, including: 4. Key West Naval Air Station and other military facilities; (1) To protect the public health, safety, and welfare of the citizens of the Florida Keys and maintain the Florida Keys as a unique Florida resource. 10. Ord. 037-2001 is not inconsistent with the remaining Principles. However, Ord. 037- 2001 is inconsistent with the Principles for Guiding Development as a whole. WHEREFORE, IT IS ORDERED that Ord. 037-2001 is found to be inconsistent with the Principles for Guiding Development of the Florida Keys Area of Critical State Concern, and is hereby REJECTED. 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. CARI ROTH, ACTING DIRECTOR Division of Community Planning Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 DCA Final Order No.: DCA0I-OR-256 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 YOU WILL HAVE THE OPPORTUNITY TO PRESENT EVIDENCE AND ARGUMENT ON ALL THE ISSUES INVOLVED, TO CONDUCT CROSS-EXAMINATION AND SUBMIT REBUTTAL EVIDENCE, TO SUBMIT PROPOSED FINDINGS OF FACT AND ORDERS, AND TO FILE EXCEPTIONS TO ANY RECOMMENDED ORDER. IF YOU DESIRE EITHER AN INFORMAL PROCEEDING OR A FORMAL HEARING, YOU MUST FILE WITH THE AGENCY CLERK OF THE DEPARTMENT OF COMMUNITY AFFAIRS A WRITTEN PLEADING ENTITLED, "PETITION FOR ADMINISTRATIVE PROCEEDINGS" WITHIN 21 CALENDAR DAYS OF PUBLICATION OF THIS NOTICE. A PETITION IS FILED WHEN IT IS RECEIVED BY THE AGENCY CLERK, IN THE DEPARTMENT'S OFFICE OF GENERAL COUNSEL, 2555 SHUMARD 0 DCA Final Order No.: DCAOI-OR-256 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. DCA Final Order No.: DCAOI-OR-256 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 method indicated this ��ay of December, 2001. Paula Ford, Agency Clerk By U.S. Mail: Honorable George Neugent Mayor of Monroe County 500 Whitehead Street Key West, Florida 33040 Danny L. Kolhage Clerk to the Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 Timothy J. McGarry, AICP Director, Growth Management Division 2798 Overseas Highway, Suite 400 Marathon, Florida 33050 By Hand Delivery or Interagency Mail: Michael McDaniel, Growth Management Administrator, DCA Tallahassee Rebecca Jetton, DCA Florida Keys Field Office Richard A. Lotspeich, Assistant General Counsel, DCA Tallahassee I BEFORE THE DEPARTMENT OF COMMUNITY AFFAIRS TOPPINO' S INC., Petitioner, vs. DEPARTMENT OF COMMUNITY AFFAIRS, Respondent. PETITION FOR ADMINISTRATIVE PROCEEDING PLAINTIFF'S STATEMENT OF STANDING PETITIONER, Toppino's Inc., a Florida for profit corporation, is a "person" whose substantial interests are affected by the Department of Community Affair's (the "Department") Final Order No. DCA0I-OR-256. Petitioner is the owner of the parcel of land for which Monroe County Board of County Commissioners adopted Monroe County Ordinance No. 037-2001 granting Petitioner's request for re -zoning of a 6.6 acre parcel of land from Industrial to Residential High. STATEMENT OF FACT .41 By virtue of Ordinance No. 037-2001 Petitioner received a change in land use designation from Industrial to Residential High. The purpose of the change in land use designation was to allow the construction of eighty-six (86) affordable housing units on Rockland Key. Petitioner's application for approval was unanimously approved by the Planning Commission and the Board of County Commissioners. DISPUTED FACTS The Department alleges that the increased concentration of housing and population in the Air Installation Compatibility, Use Zone of Key West Naval Air Facility has a high probability of creating conflict between future residents of this housing and the U.S. Military due to noise from aircraft and potential for accidents in the take off and landing of aircraft. Petitioner disputes this factual finding by the Department on the basis that single family residential development on land immediately adjacent to Petitioner's property has, and continues to receive development approval, notwithstanding its inclusion of designation in the Air Installation Compatibility Use Zone of the same Naval Air Facility.. The Department- includes no substantiation of its claim of "the high probability of creation of conflict between future residents of proposed housing and the U.S. Military." Petitioner would allege that residential development on the adjacent land parcel is on going with improvement and expansion of existing single family homes, new home construction, and profitable resale of used housing. DISPUTED LEGAL ISSUES The Department alleges that Ordinance 037-2001 is inconsistent with the following Principles for Guiding Development in §380.0552(7): (d) To ensure the maximum well-being of the Florida Keys and its citizens through sound economic development. (h) To protect the value, efficiency, cost-effectiveness, and amortized life of existing and proposed major public investments, including: 4. Key West Naval Air Station and other military facilities; (1) To protect the public health, safety, and welfare of the citizens of the Florida Keys and maintain the Florida Keys as a unique Florida resource. Petitioner disputes the legal conclusion made by the Department as it has demonstrated no basis for said findings, relying only on the unsubstantiated factual conclusion that the proposed Future Land Use Map Amendment "has a high probability of creating conflicts between future residents..... and the U.S. Military" Likewise, the Department has cited no authority for such legal conclusions. Petitioner alleges that the Department has arbitrarily applied the Principles to the affordable housing development on land owned by Petitioner, while adjacent land is routinely permitted and developed by private owners for single family residential use. The discriminatory application of the Principles to deny Petitioner's development is ;without legal basis or justification. WHEREFORE, Petitioner requests that the Office of General Counsel set this matter for formal Administrative Hearing pursuant to Sections 120.569 and 120.57(1) Florida Statutes. RESPECTFULLY SUBMITTED TOPPINO'S INC. By Counsel CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail to Honorable George Neugent, Mayor of -Monroe -County; 500 Whitehead Street, Key West, FL 33040; Danny L. Kolhage, Clerk of the Monroe County Board of County Commissioners, 500 Whitehead Street, Key West, FL 33040; Timothy J. McGarry, AICP, Director, Monroe County Growth Management Division, 2798 Overseas Highway, Suite 400, Marathon, FL 33050; Michael McDaniel, Department of Community Affairs Growth Management Administrator, Division of Community Planning, 2555 Shumard Oak Boulevard, Tallahassee, FL 32399-2100; Rebecca Jetton, Department of Community Affairs Florida Keys Field Office, 2796 Overseas Highway Suite 212, Marathon, FL 33050; and Richard A. Lotspeich, Department of Community Affairs Assistant General Counsel, 2555 Shumard Oak Boulevard, Tallahassee, FL 32399-2100, this �5L- day of February, 2002. STONES & CARDENAS By:_ err A.• Attorney for Plaintiff 221 Simonton Street Key West, F133040 Telephone: (305) 294-0252 Telecopier: (305) 292-5442 FBN: 331880