HomeMy WebLinkAboutOrdinance 019-2005 '
ORDINANCE NO. 019- 2005
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS ADOPTING THE AMENDMENTS
TO THE MONROE COUNTY CODE CREATING A NEW SECTION
9.5-260.1 TAVERNIER HISTORIC DISTRICT OVERLAY AND
AMENDING SECTION 9.5-452 DEFINITIONS AND SECTION 9.5-
456 CERTIFICATES OF APPROPRIATENESS; ADOPTING BY
REFERENCE THE TAVERNIER HISTORIC DISTRICT
PRESERVATION GUIDELINES AND AMENDING THE LAND USE
DISTRICT MAP TO DESIGNATE THE TAVERNIER HISTORIC
DISTRICT AS THE TAVERNIER HISTORIC DISTRICT
OVERLAY; ESTABLISHING THE TAVERNIER HISTORIC
DISTRICT OVERLAY AND ADOPTING STANDARDS AND
GUIDELINES FOR THE REVIEW OF DEVELOPMENT
PROJECTS; ADDING DEFINITIONS AND PROVIDING FOR
CERTIFICATES OF APPROPRIATENESS FOR CERTAIN
DEVELOPMENT IN THE TAVERNIER HISTORIC DISTRICT;
PROVIDING FOR REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION IN THE MONROE COUNTY CODE OF
ORDINANCES; DIRECTING THE PLANNING AND
ENVIRONMENTAL RESOURCES DEPARTMENT TO TRANSMIT
A COPY OF THIS ORDINANCE TO THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS; AND, PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners at their meeting of February 16,
2005, adopted the Livable CommuniKeys Master Plan Tavernier Creek to Mile Marker 97
as an amendment to the Monroe County Year 2010 Comprehensive Plan (referred to
hereafter as the 2010 Plan); and
WHEREAS, The Livable CommuniKeys Master Plan for Tavernier Creek to Mile
Marker 97 (referred to hereafter as the Master Plan) is the product of the Livable
CommuniKeys program as outlined in the 2010 Plan Objective 101.20; and
WHEREAS, Action Item 4.3.5 in the adopted Master Plan requires that design
standards be prepared and that any new development or redevelopment within the
designated Tavernier Historic District Overlay be consistent with design standards and in
compliance with regulatory controls; and
WHEREAS, the Master Plan identified the Tavernier Historic District,as a unique
historic resource and established the boundaries of the Tavernier Historic District Overlay;
and
WHEREAS,. historic architecture design standards and design guidelines for
contributing structures, non-contributing structures and new buildings all together can
support, enhance and preserve the character of the historic district; and
WHEREAS, the Board of County Commissioners, in anticipation of the adoption
of the Master Plan, voted to contract with HDR Inc., consultants, to prepare the historic
district design standards and implementation measures including amendments to the
Monroe County Code at their meeting of January 19, 2005; and
WHEREAS, HDR Consultants prepared the Tavernier .Historic District
Preservation Guidelines and implementation measures including amendments to the
Monroe County Code creating a new Section 9.5-260.1 to create the Tavernier Historic
Overlay District, amending Section 9.5-456 to add definitions and amending Section 9.5-
456 (a) providing for Historic Preservation Commission review of projects located within
the Tavernier Historic District Overlay, a Land Use District Map amendment to designate
the Tavernier Historic District as the Tavernier Historic District Overlay and adopting by
reference the Tavernier Historic District Guidelines; and
WHEREAS, a series of four workshops were held with the public to identify
issues, generate ideas and develop concepts for historic preservation and to strengthen the
architectural character of the historic district; and
WHEREAS, during regularly scheduled meetings on June 22, 2005 and July 27,
2005 the Planning Commission, after hearing the staff report and presentation from HDR
Inc. consultants, and hearing comments from the public, recommended approval of the
proposed amendments to the Monroe County Code to the Board of County Commissioners
on July 27, 2005; and
WHEREAS, during a regularly scheduled meeting on August 17, 2005 the Board
of County Commissioners were presented with the following information, which by
reference is hereby incorporated as part of the record of said hearings:
1. The staff report prepared July 27, 2005 by K. Marlene Conaway, Director,
Planning and Environmental Resources;
2. Proposed changes to the Monroe County Code and Land Use District Map.
3. A presentation by HDR consultants on the Tavernier Historic District
Preservation Guidelines, Monroe County Code and Land Use District Map
amendment.
4. Comments by the public; and
WHEREAS, the Board of County Commissioners makes the following Findings
of Fact based on the evidence presented:
1 The Board of County Commissioners at their meeting of February 16, 2005,
adopted the Livable CommuniKeys Master Plan Tavernier Creek to Mile
Marker 97 as an amendment to the Monroe County Year 2010
Comprehensive Plan; and
2. Action Item 4.3.5 in the adopted Master Plan requires that design standards
be prepared and that any new development or redevelopment within the
designated Tavernier Historic District Overlay be consistent with design
standards and in compliance with regulatory controls; and
3. The Master Plan identified the Tavernier Historic District as a unique
historic resource and established the boundaries of the Tavernier Historic
District Overlay; and
4. The Board of County Commissioners, contracted with HDR Inc.,
consultants, to prepare the historic district design standards and
implementation measures including Land Development Regulations; and
5. HDR Consultants prepared the Tavernier Historic District Preservation
Guidelines and implementation measures including amendments to the
Land Development Regulations creating a new Section 9.5-260.1 to create
the Tavernier Historic Overlay District, amending Section 9.5-452 to add
definitions, amending Section 9.5-456 Certificates of Appropriateness,
subsection (a), providing for Historic Preservation Commission review of
certain projects located within the Tavernier Historic District Overlay, a
Land Use District Map amendment to designate the Tavernier Historic
District as the Tavernier Historic District Overlay and adopting by
reference the Tavernier Historic District Guidelines; and
6. A series of four workshops were held with the public to identify issues,
generate ideas and develop concepts for historic preservation and to
strengthen the architectural character of the historic district; and
WHEREAS, the Monroe County Board of County Commissioners makes the
following Conclusions of Law based on the evidence presented:
1. The Master Plan was adopted as the policy document to direct growth and
development from Tavernier Creek to Mile Marker 97; and
2. The Master Plan, as adopted, recommends the amendments proposed by
this ordinance in order to preserve, protect and enhance the Tavernier
Historic District; and
1
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3. The proposed amendments are internally consistent with and further the
Goals, Objectives and Policies of the Year 2010 Comprehensive Plan and
the Livable CommuniKeys Master Plan for Tavernier Creek to Mile Marker
97; and
4. The proposed map amendment does meet the requirements outlined in
Section 9.5-511 of the Monroe County Code and will not negatively affect
and alter the character of the surrounding community.
NOW THEREFORE, BE .IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT:
Section 1. The Board specifically adopts the findings of fact and conclusions of law
stated above.
Section 2. The land use district map shall be amended to include the Tavernier
Historic District Overlay as identified in the Tavernier Creek to Mile Marker 97 Livable
CommuniKeys Master Plan and which is hereby incorporated by reference and attached as
Exhibit 1.
Section 3. A new Section 9.5-260.1, Monroe County Code is hereby created that reads
as follows:
"Sec. 9.5-260.1 Tavernier Historic District Overlay.
(a) Purpose: The purpose of the Tavernier Historic District Overlay is to implement the
policies of the comprehensive plan and Tavernier Creek to Mile Marker 97 Livable
CommuniKeys Master Plan to protect the historic resources of the community and to
encourage development that is sensitive and compatible with the historic character of
the Tavernier Historic District as identified through the Tavernier Creek to Mile
Marker 97 Livable CommuniKeys Master Plan.
(b) Application: The Tavernier Historic District Preservation Guidelines are hereby
adopted by reference and declared part of this chapter. Within the overlay district, the
Monroe County Historic Preservation Commission shall review new development,
remodeling or redevelopment of uses permitted as of right and uses requiring a minor
or major conditional use permit, based on the Tavernier Historic District Preservation
Guidelines."
(c) The Tavernier Historic District Preservation Guidelines may be amended by resolution
of the board of county commissioners upon recommendation of the planning
commission and the director of planning.
•
Section 4. Section 9.5-452, Monroe County Code is hereby amended to add the
following language:
Sec. 9.5-452. Definitions.
Contributing, in the Tavernier Historic District Preservation Guidelines, means the
property is listed in the National Register of Historic Places, the Florida Master Site File
list of historical structures or Monroe County Board of County Commissioners designated
historical properties.
New Building, in the Tavernier Historic District Preservation Guidelines, means new
buildings developed within the Tavernier Historic District.
Non-Contributing Structures, in the Tavernier Historic District Preservation Guidelines,
means existing buildings within the historic district that are not recorded as historic.
Section 5. Section 9.5-456, Monroe County Code is hereby amended to add the
following language:
Sec. 9.5-456 Certificates of appropriateness.
(a) Certificate of appropriateness required: Except as provided herein, a building,
moving, or demolition permit, or any other development order, shall not be issued for a
designated historic property or property within the Tavernier Historic District Overlay,
until a certificate of appropriateness is awarded. Contributing, non-contributing
structures and new buildings as defined in the "Tavernier Historic District Preservation
Guidelines", that apply for work listed in Sec. 9.5-456 (b), shall require a regular
certificate of appropriateness as if they were a designated historic property. All work on
contributing, non-contributing structures and new buildings not covered under Sec. 9.5-
456 (b), shall require a special certificate of appropriateness. Within the Tavernier
Historic District Overlay, all work requiring a certificate of appropriateness shall be
reviewed by the director of planning or the Monroe County Historic Preservation
Commission, as required, based on the "Tavernier Historic District Preservation
Guidelines". However, a certificate of appropriateness is not required for the issuance of
any building permits for interior improvements to a designated historic property, unless
the interior of the subject historic property is cited as significant in the property's
designation.
Section 6: If any section, subsection, sentence, clause, item, change or provision of
this ordinance is held invalid, the remainder shall not be affected by such invalidity.
Section 7: All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
.
Section 8: The provisions of this ordinance shall be included and incorporated in the
Code of Ordinances of the County of Monroe, Florida, as an addition or amendment
thereto, and shall be appropriately renumbered to conform to the uniform numbering
system of the Code.
Section 9: The ordinance is hereby transmitted to the Florida Department of
Community Affairs pursuant to Chapter 380, Florida Statutes.
Section 10: This ordinance shall be filed in the Office of the Secretary of State of the
State of Florida, but shall not become effective until a notice is issued by the Department
of Community Affairs or Administration Commission approving ordinance pursuant to
Chapter 380, Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of MonroeCounty,
Florida at a regular meeting held on the 17 th day of August 2005.
Mayor Dixie Spehar Yes
Mayor Pro Tern Charles "Sonny"McCoy Yes
Commissioner George Neugent Yes
Commissioner David Rice Yes
Commissioner Murray Nelson Not Presant
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
(41 djtrie 4044,44)
BY
®:71v 23 Mayor Dixie Spehar
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L. KOHAGE, CLERK
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Deputy Clerk
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ATTACHED-TAVERNIER HISTORIC DISTRICT MAP
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✓ �_ MONROE COUNTY
,r"' PLANNING AND ENVIRONMENTAL RESOURCES DEPARTMENT
THIS MAP IS FOR MONROE COUNTY GROWTH MANAGEMENT DIVISION
PURPOSES ONLY.THE DATA CONTAINED HEREIN IS ILLUSTRATIVE AND.MAY
NOT ACCURATELY DEPICT BOUNDARIES,PARCELS,ROADS,RIGHT OF WAYS,
OR IDENTIFICATION INFORMATION.
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CLERK OF THE CIRCUIT COURT
MONROE COUNTY BRANCH OFFICE
BRANCH OFFICE PLANTATION KEY
MARATHON SUB COURTHOUSE MONROE COUNTY COURTHOUSE GOVERNMENT CENTER
3117 OVERSEAS HIGHWAY 500 WHITEHEAD STREET,SUITE 101 88820 OVERSEAS HIGHWAY
MARATHON,FLORIDA 33050 KEY WEST,FLORIDA 33040 PLANTATION KEY,FLORIDA 33070
TEL.(305)289-6027 TEL.(305)292-3550 TEL.(305)852-7145
FAX(305)289-1745 FAX(305)295-3663 FAX(305)852-7146
September 6, 2005
Mrs. Liz Cloud, Program Administrator
Administrative Code and Weekly
R.A. Gray Building
500 South Bronough Street
Tallahassee, FL 32399-0250
Via Certified Mail 7004 1160 0007 1974 7657
Dear Mrs. Cloud,
Enclosed please find certified copies of the following Ordinances:
Ordinance No. 019-2005 adopting the amendments to the Monroe County Code creating
a new Section 9.5-260.1 Tavernier Historic District Overlay and amending Section 9.5-452
definitions and Section 9.5-456 Certificates of Appropriateness; adopting by reference the
Tavernier Historic District Preservation Guidelines and amending the Land Use District Map to
designate the Tavernier Historic District as the Tavernier Historic District Overlay; establishing
the Tavernier Historic District Overlay and adopting standards and guidelines for the review of
development projects; adding definitions and providing for certificates of appropriateness for
certain development in the Tavernier Historic District; providing for repeal of all Ordinances
inconsistent herewith; providing for incorporation in the Monroe County Code of Ordinances;
directing the Planning and Environmental Resources Department to transmit a copy of this
Ordinance to the Florida Department of Community Affairs; and, providing for an effective date.
Ordinance No. 020-2005 adopting the amendments to the Monroe County Code creating
a new Section 9.5-260.2 Tavernier Creek to mile marker 97 U.S. Highway 1 Corridor District
Overlay; adopting by reference the Tavernier Creek to mile marker 97 U.S. Highway 1 Corridor
Development Standards and Guidelines and amending the Land Use District Map to designate the
Tavernier Creek to mile marker 97 U.S. Highway 1 Corridor including the community center as
the Tavernier Creek to mile marker 97 U.S. Highway 1 Corridor District Overlay; establishing the
Tavernier Creek to mile marker 97 U.S. Highway 1 Corridor District Overlay and adopting
standards and guidelines for the review of development projects; providing for repeal of all
Ordinances inconsistent herewith; providing for incorporation in the Monroe County Code of
Ordinances; directing the Planning and Environmental Resources Department to transmit a copy
of this Ordinance to the Florida Department of Community Affairs; and, providing for an effective
date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting in formal session on August 17, 2005. Please file for record. Should you have
any questions, feel free to contact my office at (305) 295-3130.
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
By:.O C
Isabel C. DeSantis, Deputy Clerk -
cc: County Administrator
Growth Management Director
County Attorney
BOCC
File
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1—SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY '"
■ Complete items 1,2,and 3.Also complete A. Signature
.item 4 if Restricted Delivery is desired. ID Agent
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so that we can return the card to you. ❑Addressee
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2. Article Number
(Transfer from service(abe° 7004 1160 0007 1974 7657
PS Form 3811,.February 2004 Domestic Return Receipt
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FLORIDA DEPARTMENT OF STATE
Glenda E. Hood
Secretary of State
DIVISION OF LIBRARY AND INFORMATION SERVICES
September 14,2005
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Isabel C DeSantis, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of
your letter dated September 6, 2005 and certified copies of Monroe County Ordinance
Nos. 019-2005 and 020-2005, which were filed in this office on September 12,2005.
Sincerely,
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Program Administrator
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DST A TE LIBRARY OF FLORIDA
R.A. Gray Building. Tallahassee, Florida 32399-0250 . (850) 245-6600
FAX: (850) 488-2746. TDD: (850) 922-4085. http://www.dos.state.fl.us
DLEGlSLATIVE LIBRARY SERVICE 0 RECORDS MANAGEMENT SERVICES DFLORIDA STATE ARCHIVES
(850) 488-2812. FAX: (850) 488-9879 (850) 487-2180. FAX: (850) 4\3-7224 (850) 245-6700. FAX: (850) 488-4894
DADMINISTRA TIVE CODE AND WEEKLY
(850) 245-6270. FAX: (850) 245-6282
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DCA Final Order No.: DCA05-0R-180
STATE OF FLORIDA
DEP ARTMENT OF COMMUNITY AFFAIRS
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In re: MONROE COUNTY LAND
DEVELOPMENT REGULATIONS
ADOPTED BY MONROE COUNTY
ORDINANCE NO. 019-2005
FINAL ORDER
The Department of Community Affairs (the "Department") hereby issues its Final Order,
pursuant to SS 380.05(6), Fla. Stat., and S 380.0552(9), Fla. Stat. (2004), approving a land
development regulation adopted by a local government within the Florida Keys Area of Critical
State Concern as set forth below.
FINDINGS OF FACT
1. The Florida Keys Area is a statutorily designated area of critical state concern,
and Monroe County is a local government within the Florida Keys Area.
2. On September 14, 2005, the Department received for review Monroe County
Ordinance No. 019-2005 which was adopted by the Monroe County Board of County
Commissioners on August 17,2005 ("Ord. 019-2005").
.
3.
This Ordinance creates new Section 9!5-260.1, Monroe County Code that
.
establishes an overlay district with design standards and guidelines for the Tavernier Historic
District, as required by Objective 105.1.2 of the Livable CommuniKeys Master Plan.
Additionally, the Ordinance amends Section 9.5-452, and Section 9.5-456, Monroe County Code
related to Definitions and Certificates of Appropriateness, respectively.
4. Ordinance 019-2005 is consistent with the 2010 Monroe County Comprehensive
Plan.
CONCLUSIONS OF LAW
5. The Department is required to approve or reject land development regulations that
DCA Final Order No.: DCA05-0R-180
are enacted, amended or rescinded by any local government in the Florida Keys Area of Critical
State Concern. S 380.05(6), Fla. Stat., and S 380.0552(9), Fla. Stat. (2004).
6. Monroe County is a local government within the Florida Keys Area of Critical
State Concern. S 380.0552, Fla. Stat. (2004) and Rule 28-29.002 (superseding Chapter 27F-8),
Fla. Admin. Code.
7. "Land development regulations" include local zoning, subdivision, building and
other regulations controlling the development ofland. S 380.031(8), Fla. Stat. (2004). The
regulations adopted by Ord. 019-2005 are land development regulations.
8. All land development regulations enacted, amended or rescinded within an area of
critical state concern must be consistent with the Principles for Guiding Development (the
"Principles") as set forth in S 380.0552(7), Fla. Stat. See Rathkamp v. Department of
Community Affairs, 21 F.A.L.R. 1902 (Dec. 4,1998), aff'd, 740 So. 2d 1209 (Fla. 3d DCA
1999). The Principles are construed as a whole and no specific provision is construed or applied
in isolation from the other provisions.
9. Ord. 019-2005 promotes and furthers the following Principles:
(a) To strengthen local government capabilities for managing land
use and development so that local government is able to
achieve these objectives without the continuation of the area of ~
critical state concern designation.
(f) To enhan~~tural scenic resources, promote the 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.
10. Ord. 019-2005 is consistent with the Principles for Guiding Development as a
whole.
WHEREFORE, IT IS ORDERED that Ord. 019-2005 is found to be consistent with the
Principles for Guiding Development of the Florida Keys Area of Critical State Concern, and is
2
DCA Final Order No.: DCAOS-OR-180
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.
"',
illi,~
lAME UINN
Stat lanning Administrator
Division of Community Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
NOTICE OF ADMINISTRATIVE RIGHTS
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS
ORDER HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING
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 HEA~G. ·
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
3
DCA Final Order No.: DCA05-0R-180
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
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.
4
DCA Final Order No.: DCAOS-OR-180
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 rrect copies have been furnished
to the persons listed below by the method indicated this day of er, 2005.
By U.S. Mail:
Honorable Dixie Spehar
Mayor of Monroe County
500 Whitehead Street, Suite 102
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:
Jim Quinn, Bureau of State Planning, DCA Tallahassee
Rebecca Jetton, ACSC Administrator, DCA Tallahassee
Richard E. Shine, Assistant General Counsel, DCA Tallahassee
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