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Ordinance 028-2005 ORDINANCE NO.028 -2005 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ADOPTING AN AMENDMENT TO THE MONROE COUNTY LAND USE DISTRICT MAP TO INCL1JDE A TIER OVERLAY MAP DISTRICT DESIGNATION ON ALL LAND IN BIG PINE KEY AND NO NAME KEY AND DESIGNATING BOUNDARIES FOR TIER I, TIER II AND TIER III AS REQUIRED IN THE MASTER PLAN FOR BIG PINE KEY AND NO NAME KEY AND GOAL 105 OF THE 2010 COMPREHENSIVE PLAN PURSUANT TO THE CRITERIA IN SECTION 9.5-256; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; 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 Monroe County Board of County Commissioners, during public hearings held in December 2004, January, February, March, April, May and June 2005 reviewed and considered the proposed amendment to provide for a Tier Overlay District Map designation on the Monroe County Land Use District Map for Big Pine Key and No Name Key to implement the Master Plan for Big Pine Key and No Name Key and Goal 105 of the 2010 Comprehensive Plan,Rule 28-20.100 F.A.C. and the Tier Overlay system; and WHEREAS, the Monroe County Board of County Commissioners, during public hearings held on August 18, 2004 adopted the Master Plan for Big Pine Key and No Name Key and Goal 1 directs the creation of Tier maps and Goal 2 directs the County to adopt these Tier Maps as an overlay to the land use district maps; and WHEREAS, the Master Plan for Big Pine Key and No Name Key was created in conjunction with the Habitat Conservation Plan (HCP), a mechanism required by the US Fish and Wildlife Services (USFWS) whereby the concerns and responsibilities pf the various public agencies with regard to the Key Deer and other covered species and public and private development on the islands can be coordinated, and; WHEREAS, the HCP utilizes the Tier mapping system and designates all undeveloped lands in Pine Key and No Name Key into one of three tiers to direct future development and preservation initiatives to appropriate areas; and WHEREAS, the Tier Map designation for Pine Key and No Name Key was developed following the HCP, the Master Plan and criteria in Goal 105, utilizing computer mapping (GIS), identifying areas appropriate for additional development and those which are important environmentally and should be preserved; and Goal 105 Tier map amend.Ord. corrected Page 1 of 4 i WHEREAS, Goal 105 provides a framework for future development and land acquisition for the next 20 years that considers the carrying capacity of the Florida Keys, reduces sprawl and promotes sustainability; and WHEREAS, the Monroe County Board of County Commissioners directed staff to prepare text and map amendments in Ordinance No. 018-2004 adopted June 16, 2004, to include: Tier Overlay District Map designations in accordance with Goal 105; and WHEREAS, the tier boundaries for the Big Pine Key and No Name Key Tier Overlay District Map were drawn using environmental and development information and digital data from the HCP, the Planning Department and the Property Appraisers Office; and WHEREAS, Tier I lands are those lands where all or a significant portion of the land area is characterized as environmentally sensitive and important for the continued viability of the covered species; and WHEREAS, Tier II lands are scattered lots and fragments of environmentally sensitive lands primarily located on canals and at a distance from US #1; and WHEREAS, Tier IH is appropriate for additional infill development because of the location in conjunction to US #1 and amount of existing development in the areas designated; and WHEREAS, newly created Section 9.5-256, Tier Overlay District, Monroe County Code, provides criteria for the designation of Tier Boundaries and provides a mechanism for Tier overlay maps amendments; and WHEREAS, the Tier Overlay District Map for Big Pine Key and No Name Key, when adopted,will become an overlay to the Land Use District Map; and WHEREAS, the proposed Tier Overlay District Map was reviewed by Dr. Ricardo Calvo, who also was the project manager preparing the HCP; and WHEREAS, the Tier Overlay District Map is the basis of an elegant system for protecting the valuable habitat of the Keys and preventing sprawl, which is referred to as the "Tier System"; and WHEREAS, ROGO and NROGO have been completely redrafted utilizing the Tier System; and WHEREAS, the County Land Acquisition and Management Master Plan will be based on the Tier System; and Goal 105 Tier map amend.Ord.corrected Page 2 of 4 WHEREAS, the Planning Commission, after hearing public comments and staff input at four public hearings, recommended approval of the Big Pine Key and No Name Key Tier Overlay District Map as an overlay to the Land Use District Map to the Board of County Commissioners on November 3, 2004; and WHEREAS, the Planning and Environmental Resources Department has made changes to the proposed draft map based on reevaluation of specific areas based on requests by community members and land owners; and WHEREAS, the Board of County Commissioners has reviewed the proposed designation of the Big Pine Key and No Name Key Tier Overlay District Map as an amendment to the Land Use District Map, as recommended by the Planning Commission and the Planning and Environmental Resources Department and finds they are consistent with the designation criteria pursuant to Section 9.5-256, Master Plan for Big Pine Key and No Name Key, the Habitat Conservation Plan for Big Pine Key and No Name Key, the Monroe County Code, and are consistent with and further the goals, objectives, and policies of the Year 2010 Comprehensive Plan,particularly Goal 105 and its associated objectives and policies; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA,THAT: Section 1. Pursuant to Goal 105, Year 2010 Comprehensive Plan, the Master Plan and the Habitat Conservation Plan for Big Pine Key and No Name Key, and the designation criteria of Section 9.5-256, Monroe County Code, Tier I, II, and III areas are designated, the boundaries of which are described in the Tier Overlay District Map, attached hereto as Exhibit I, and made part of this ordinance. Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 4. 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 approving the ordinance. Section 5. This ordinance shall be transmitted by the Planning and Environmental Resources Department to the Florida Department of Community Affairs to determine the consistency of this ordinance with the Florida Statutes. [THE REMAINDER OF THIS PAGE IS LEFT INTTNTIONALLY BLANK.] Goal 105 Tier map amend.Ord.corrected Page 3 of 4 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of Qctober , A.D. , 2005. Mayor Dixie Spehar Yes Mayor Pro Tem Charles "Sonny"McCoy Yes Commissioner George Ncugent Yes Commissioner David Rice Yes Commissioner Murray E, Nelson Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA 1/14; >22 44,04for-0 BY: fi14.1.',.----'-;-- ,1 4;, Mayor/Chairperson fe 1„1 23� ATTEST:''DANNY KOHLAGE, CLERK 'MONROE COUNTY ATTORNEY - :PoROVED QJF �R yt /1 , n Aya.,-J Date: Deputy Clerk ocm cm. -II x) > F rnr- " C ors• �1 c-- • c 1V Goal 105 Tier map amend.Ord.corrected Page 4 of 4 J EXHIBIT ONE EXHIBIT I • Tier Overlay District Big Pine and No Name Key • ,, p. T1 me_`{I_ Tier Designation -Teri-Natural Area ri I Ter II -Tier III-IMll Military Land 1 ■==■1 :MI i, C9 i . I \ ii I's __La. . , . . • , 1 _,..,,,,,.. Fill n• �mr lm.1.1.. nwumw Ow11..O ittl1.;,� __. .._ -off.� ,:;. • giTra.. g1111111 IIr i■ir-��-=�`i \-- 111111 r....... - 41111111111111011011millll r..nl�='.�ii:i:iiiinirr 18 - 1 �I'�,1 11111M..rrrr/111111, - Ins 1.:1. n n.nmtn�• u 1 0 �� 1;;;,....: t Y...•-• n..............\ !jIlP ' -- i_Illillii .�. ,1 _ I — C t 11 .rr A m. �� \ t �� II MZ� 0 0.5 1 4■0■.. u,u BM =111 _ -ii..._ 1101111/_ Miles —11111101== �� k 116'` MONROE COUNTY ■MM• I�h .■� 11 I k ' Pu.vleu..o Evvl.o.v.wenr.l.Re.vou.cls D.rnrtr.•r ,�� '� 1$S�"- Ties Kw Kr.Wont Came Gmrre M.xrw•EM lhvl -1♦-. _ Created59:KR 5erteabe.3o,2oo3 ■■1 O I 1 ! !_ __ —I EXHIBIT I l \ M • Tier Overlay District Big Pine and No Name Key III li I .• . Ii,ullnni ' mumenninmei il tam ii, mf, v■■■tttw■ttatt■u /NIA t Jai r :`_l� �lmis•a• mR4 ;7::ita i,�.ii::-_ /'�� ti■■■w■■w r A 'At 1 1 ...,..:.,.,,.. __ "\1IIIt- ::!!J r_ Ell na COED MEM ws rMIL 1,r :� 11arbt w�� O w��= ■wn■ =mo ,••*•� •u�� 0� i,„,„ , TT! 11-111� !k aww�■�■:_ :C::O: . ■.■■■w■■it. is-1II Tier Designation -MGM '■ ■ m. ■ ■i _ -Ter I-Natural Area =�■ :11 OMB I ..IN w■■=1' I I — .f1�171All.s�TwAIP =Ter II �.'` MINN ■■■■ �' i -Ter III-Inn `� I AWN ■■■ t;. ®MtIttary Land I ■■■M.M. — _ 2 I G•:d�. _Ar_ a-- AO ve T— At: • iss 4010 ) , MIIIMMI MO 44111111041111 . A MONROE COUNTY P MAN N,,AND EnVIRDNMRNUL RESOURCES DEPARTMENT T,n.NAP IS Maxv GaINrt GRawm MANM:EMrwr DrvuaN rt NmRN NES xu'.TIWA CONTAINED ROM is nu.'.+T M44.T Of. MAY 0 111110. 1 DR DM Mr M.I.ORMAnD.. ` C2,tCd 159.Kfi - mren:ber ia,za, Miles EXHIBIT I Tier Overlay District Big Pine and No Name Key Tier Designation -Ter I-Natural Area Q Ter II ,-'-�,-� -Ter III-Mill ,;��p:si� IIMMilitary Land %�i�4�4'4 i I��IIIs irk .E.camarnAlk ��iiiiD11�1>• is t unuauia\t '� P in.n.Mn.p, .mnRu■ir.- - ..��n 1I u% .. ■ w 0-i: Ai, rillin3m. 11 ,„,za 00/ Ulf IleintaM a 1:a �1 �' _ 5 iE_ ■ atatiraa rr idp,Y 11. nO... ', 1 E RIE I , ._. 11 ONIEU. .1„ MENEM.' „ —no Mil IN 011MIL am me woo HJ1P1 N 47111111 MONROE COUNTY I. I A PLANNING A.ENVIRONMENTAL RESOURCES DEPARTMENT ;��. Txnsw.roe Morns Cor:rm e.o.re Mnxr gvopx � onrr.Taa tam cowokorto 0 0.25 0.5 wrAo p w...mokmmar o Created 159: ante mbar 50,2005 Miles BRANCH OFFICE MARATHON SUB COURTHOUSE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 FAJ((305)289-1745 CLERK OF THE CIRCUIT COURT MONROE COUNTY MONROE COUNTY COURTHOUSE 500 WHITEHEAD STREET, SUITE 101 KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAJ((305) 295-3663 BRANCH OFFICE PLANTATION KEY GOVERNMENT CENTER 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAJ( (305) 852-7146 November 17, 2005 Mrs, Liz Cloud, Program Administrator Administrative Code and Weekly RA. Gray Building 500 South Bronough Street Tallahassee, FL 32399-0250 Dear Mrs, Cloud, Via Certified Mail 7002 2030 0001 26689518 Enclosed please find certified copies of the following Ordinances: Ordinance No. 027-2005 authorizing a Lump Sum Years of Service Award to certain eligible volunteer firefighters who have provided at least ten years of fire, rescue and emergency medical services to the residents and visitors of Monroe County and whom each have reached the age of sixty, Ordinance No. 028-2005 to amend the Monroe County Land Use District Map to include a Tier Overlay Map District designation on all land in Big Pine Key and No Name Key and designating boundaries for Tier I, Tier II and Tier III as required in the Master Plan for Big Pine Key and No Name Key and Goal 105 of the 2010 Comprehensive Plan pursuant to the criteria in Section 9.5-256; Providing for repeal of all Ordinances inconsistent herewith; 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. 029-2005 to amend the Monroe County Land Development Regulations to implement Goal 105 of the 2010 Comprehensive Plan and the Tier Overlay System for Big Pine Key and No Name Key by renumbering existing Section 9,5-256 to 9,5-271; creating a new Section 9.5-256, Tier Overlay District; Providing criteria for designation of tier boundaries for Big Pine and No Name Key; Providing a mechanism for Tier Overlay District Map Amendments; 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. 030-2005 to amend the Monroe County Land Development Regulations to create a definition for Master Planned Community, in Section 9,5-4(M-6.1), eliminate certain obsolete and superfluous provisions of Section 9,5-23 1 and provide an exception to the Development Review Procedures and Requirements for large scale, Master Planned Communities, providing that all conditional uses within a Master Planned Community of greater than 100 acres are reviewed and approved in accordance with the criteria and procedures for permitted as of right uses; Providing for repeal of all Ordinances inconsistent herewith; Providing for incorporation in the Monroe County Code of Ordinances, These Ordinances were adopted by the Monroe County Board of County Commissioners at a Regular Meeting in formal session on October 19,2005. 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: .Q o.l..J.. C. !fw:x!c.'tyv-b;.J Isabel C. DeSantis, Deputy Clerk cc: County Administrator Growth Management Director County Attorney BOCC File ../ 7002 2030 0001 2668 9518 0: 0 (I): $,' ~: ;~: :a '8 0,: Q~: CJ [ i: ~~: ~ -\"..., ~ ~:~~ ~ _:o-~ 3 oi>' t). , co." :1': (fJ n:; ....CD .. : 0 UI - ~ (I):C: & ~\:;.~ ~\ OJ OJ ~;&: e1~ -" ~~c: P D.llD~ Q)i :1' i ~ en : ($ ...... : cA CD \ to (l) : <0""" : " ' d : N : UI \ 0\ \ ~~o ~, <") \. ~ " \ . ,~~ ~3.:;-i\-- ~~<..t l,\ ~ . ~ ,~ '0 :J:g CD - co ~ ;l- " !" ;-< (fJ . . . " ~~ > Qi1n~~itg 0 ;:l. 3 ~1t -HJl Jj )10 -U ci' g!!l:f;:a33 aU o. ~.... ~ <D (.) .., z =0>-30 6: ....::Ta'<~"C ex> ~~ III 0 CO i:f~g::;;![ -L =- (j) ::;0 .... a. -L 3 C' P> 0 G) _, I7ll iil -iii'<D'" ::lJ<D CD '" ooo:J<D;:;: CO .., ~Si>>~:i. " <II ~ ;:a~~39:~ <D, So ~ ~'< ; ." ::;;c.-.<Dacn tr lil !:r .., <>> W ::!: Q. " ~S'~~~_.... c:: III I - c=<3 -< ., =--. !!l :f 3 c. 0-1\) I\) "=' ::JQ. :;) CD <D....1ll CIlIll 0 (;J -. 0 - tr::Tc.=:J ~ ~ :;)00 16 III <Dc.Qic. -.CD - ..,00$-<(.,) ~. 0.... 3 '" III . 8)~ <t~ il9.a.~ iii'~ c..lU> ~ 0 ' :fS';:ftl3 ... I'\)~ ::J <D'<::T!I!,o c..l<t Q. 3gCD~O a:' <Oat ~ !ll.' iil, .g ...,J (0- '2. ~ CD 3 Cl I <t CD iil .... CD 0 <t _~ <D CD !!l. Cl I'\) ;:If:' o' ru 01 -< :II t.'") ~ ru c: 3 Cl !'- f" :II W !J !:Il >< ~ Cl :II ~'" :II -a I -<a. Pl Cl m CD CD [ sn~ [ Cl CD Cl :l li if C' ~ '< I ! :z: a. ...... ru !!. ~ 0 I IT" <: a IT" i 000 =Ii ():> P:Il~ Xi ~ ~ a. j p~! f-..> iil ....Il !J3 ~ r.o ~ In :II~ C) Ij ~ ~, !11: C) ():> U"l 'E. P I go .... 0 0 f d'll !!I- 00 CD if ~1! So 6:~ .~ r.o ~ ~ ~ 0 a. CD !!. iil a * a. <' if CD '" -< CD CD FLORIDA DEPARTMENT OF STATE Glenda E. Hood Secretary of State DIVISION OF LIBRARY AND INFORMATION SERVICES November 22, 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 letters dated November 17, 2005 and certified copies of Monroe County Ordinance Nos. 023-2005 and 027-2005 through 030-2005, which were filed in this office on November 21, 2005. Sincerely, ~e&u~ Liz Cloud Program Administrator LC/mp ~ 0 i .." ~ .~ r- ~ z rr1 C) :;!t-< < 0 N .." ~'r- 0 on' CD c:::o~ ::0 z.o :Do ::::0 --f('">r- :z ,." :<~:r 9 C') . ):0- 0 .,. Q r- ,.., W ::0 .". .. 0 i:JSTATE 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 i:JLEGISLATIVE LIBRARY SERVICE i:J RECORDS MANAGEMENT SERVICES i:JFLORIDA STATE ARCHIVES (850) 488-2812. FAX: (850) 488-9879 (850) 487-2180. FAX: (850) 413-7224 (850) 245-6700. FAX: (850) 488-4894 i:JADMINISTRA TIVE CODE AND WEEKLY (850) 245-6270. FAX: (850) 245-6282 DCA Final Order No.: DCA06-OR-058 N STATE OF FLORIDA o r- DEPARTMENT OF COMMUNITY AFFAIRS c�- w In re: MONROE COUNTY LAND �' —i DEVELOPMENT REGULATIONS " a rn ADOPTED BY MONROE COUNTY • : • ry ORDINANCE NO. 028-2005 f i / CO FINAL ORDER The Department of Community Affairs (the"Department")hereby issues its Final Order, pursuant to §§ 380.05(6),Fla. Stat., and § 380.0552(9),Fla. Stat. (2005), 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 December 30, 2005, the Department received for review Monroe County Ordinance No. 028-2005 which was adopted by the Monroe County Board of County Commissioners on October 19, 2005 ("Ord. 028-2005"). 3. The Ordinance provides for a Tier Overlay District Map designation on the Monroe County Land Use District Map for Big Pine Key and No Name Key to implement the Master Plan for Big Pine Key and No Name Key and Goal 105 of the 2010 Comprehensive Plan, Rule 28-20.100, F.A.C., and the Tier Overlay System. 4. Ordinance 028-2005 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 are enacted, amended or rescinded by any local government in the Florida Keys Area of Critical 1 DCA Final Order No.: DCA06-OR-058 State Concern. § 380.05(6),Fla. Stat., and § 380.0552(9),Fla. Stat. (2005). 6. Monroe County is a local government within the Florida Keys Area of Critical State Concern. § 380.0552,Fla. Stat. (2005) 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 of land. § 380.031(8),Fla. Stat. (2005). The regulations adopted by Ord. 028-2005 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 § 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. 028-2005 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. (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, native tropical vegetation(for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife, and their habitat. (f) To enhance natural 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. 2 DCA Final Order No.: DCA06-OR-058 (i) To limit the adverse impacts of public investments on the environmental resources of the Florida Keys. (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. 028-2005 is consistent with the Principles for Guiding Development as a whole. WHEREFORE, IT IS ORDERED that Ord. 028-2005 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. RACY UBER State Planning Administrator Division of Community Planning Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 3 DCA Final Order No.: DCA06-OR-058 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 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 4 DCA Final Order No.: DCA06-OR-058 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.: DCA06-OR-059 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 February, 2006. r iriam Snipes, Dep Agency Clerk By U.S. Mail: Honorable Charles McCoy 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 Aref Joulani Acting Director Planning and Environmental Resources 2798 Overseas Highway, Suite 400 Marathon,Florida 33050 By Hand Delivery or Interagency Mail: Tracy D. Suber, Bureau of State Planning, DCA Tallahassee Rebecca Jetton, ACSC Administrator, DCA Tallahassee Richard E. Shine, Assistant General Counsel, DCA Tallahassee 5