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Ordinance 029-2005 t r I - ORDINANCE NO. 029 -2005 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ADOPTING THE AMENDMENTS TO 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 KEY 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. 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 of 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 Big Pine Key and No Name Key was developed following the HCP, the Master Plan and criteria in Goal 105, utilizing computer Goal 105 tier criteria LDR corrected Page 1 of 5 mapping (GIS), and identifying areas appropriate for additional development and those which are important environmentally and should be preserved; and 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 the 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, 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 the Tier Overlay Map Designations in accordance with Goal 105; 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 III 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, the creation of Section 9.5-256, Tier Overlay District, Monroe County Code provides criteria for the designation of Tier boundaries on Big Pine Key and No Name Key pursuant to the HCP, the Master Plan, Goal 105, Year 2010 Comprehensive Plan and a mechanism for the implementation of the Tier System by overlaying the Land Use District Map; and WHEREAS, the Planning and Environmental Resources staff prepared an amendment to Chapter 9.5 (Land Development Regulations) of the Monroe County Code creating Section 9.5-256 that provides for a Tier Map overlay, criteria for Big Pine Key and No Name Key Tier designation, and a mechanism for amending the Tier Map; and WHEREAS, the Planning Commission, after hearing comments at four public hearings, made changes to the staff draft amendments creating and recommended approval of the Tier Overlay amendment which included the Big Pine Key and No Name Key criteria to the Monroe County Code to the Board of County Commissioners on November 3, 2004; and Goal 105 tier criteria LDR corrected Page 2 of 5 WHEREAS, the Planning and Environmental Resources Department has made minor changes to the proposed draft based on direction of the Planning Commission, including minor text revisions to ensure readability and correct typographical errors or omissions in the text; and WHEREAS, the Board of County Commissioners has reviewed the proposed amendments to the Land Development Regulations to renumber existing Section 9.5-256 to Section 9.5-271 and create a new Section 9.5-256 (Tier Overlay District, recommended by the Planning Commission and the Planning and Environmental Resources Department); and, WHEREAS, the Board of County Commissioners finds the proposed amendments to establish the Big Pine Key and No Name Key Tier Overlay District, designation criteria, and Tier Overlay District Map amendment procedures 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: Section 9.5-256, Aggregation of development, is hereby renumbered as Section 9.5- 271, Monroe County Code. Section 2: A new Section 9.5-256, Monroe County Code, is hereby created that reads as follows: "Sec. 9.5-256. Tier overlay district. (a) reserved (b) reserved (c) Big Pine Key and No- Name Key Tier Overlay District: The Tier boundaries are designated using the Big Pine Key and No Name Key Habitat Conservation Plan, 2005, and the Master Plan for Big Pine Key and No Name Key, August 2004. (c) Tier overlay district map amendments: The Tier Overlay District Map may be amended to reflect existing conditions in an area if warranted because of drafting or data errors or changed conditions. A Tier Overlay District Map amendment from Tier I or Tier II to Tier III or Tier II to Tier III on Big Pine Key and No Name Key shall not be considered if the amendment is in conflict with the Tier Map in the approved HCP, the United States Fish and Wildlife Incidental Take Permit and the Master Plan for Big Pine Key and No Name Key. Tier Overlay District Map amendments shall be made pursuant to the procedures for map amendments to this chapter. Unlawful conditions shall not be recognized when determining existing conditions and regulatory requirements. (d) Request for Tier I designation: Notwithstanding the provisions of Section-9.5-511(d)2, any individual may submit an application to the planning department containing substantial and competent documentation that an area meets the Goal 105 tier criteria LDR corrected Page 3 of 5 Tier I criteria. Applications must be received by July 1 of each year on a form approved by the director of planning for consideration by the special master at a public hearing advertised at least fifteen (15) days prior to the hearing date. Said hearing by the special master shall be held prior to November 1 of each year. The director of planning will review the documentation and any other appropriate scientific information and prepare an analysis report for the special master. The special master will render a written opinion to the planning commission and board of county commissioners either that the application meets the criteria for designating the lands as Tier I or that the documentation is insufficient to warrant a map amendment. The posting, advertising and review will follow the procedures in 9.5-511(d)(3)(4) and (5)." 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. The repeal of an ordinance herein shall not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed thereby. Section 4. This ordinance does not affect prosecutions for ordinance violations committed prior to the effective date of this ordinance; does not waive any fee or penalty due or unpaid on the effective date of this ordinance; and does not affect the validity of any bond or cash deposit posted, filed, or deposited pursuant to the requirements of any ordinance. Section 5 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 6. 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. Section 7. 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 numbered to conform to the uniform numbering system of the Code. [THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK.] Goal 105 tier criteria LDR corrected Page 4 of 5 y PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the l 19th day of October ,A.D., 2005. Mayor Dixie Spehar Yes Mayor Pro Tern Charles "Sonny"McCoy Yes Commissioner George Neugent Yes Commissioner David Rice ves Commissioner Murray E, Nelson Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA :4 ll o's 2° L4 (tL) `' �"- Mayor/Chairperson /1' �Jl`r`` SEAL)--1, ' ATT-STDANNY KOHLAGE, CLERK t. ,11 MONROE COUNTY ATTORNOY PROVEO A R pats: �! / -0 5 BY: ca olULL a. esaawktj Deputy Clerk O: ,�.. _ cry. rwir--C 't (-7. rr • — cp c-- : ?�:c -0 <7—;= t� -n tD 13 " yrn w t Goal 105 tier criteria LDR corrected Page 5 of 5 CLERK OF THE CIRCUIT COURT MONROE COUNTY BRANCH OFFICE MARATHON SUB COURTHOUSE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 MONROE COUNTY COURTHOUSE 500 WHITEHEAD STREET, SUITE 101 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 November 17, 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 7002 2030 000126689518 Dear Mrs, Cloud, 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 9,5-231 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: ~ck1 C. L!1JyJf.'tYv-6J Isabel C. DeSantis, Deputy Clerk cc: County Administrator Growth Management Director County Attorney BOCC File ,/ 7002 2030 0001 2668 9518 0: 0 CIl: ~: ;~: ~ ~\ Qla; €. ~:~~: "8 .. -1i: ~ ~ : QIlj' ~ 0.' """" .: " om _:0 r 3 (Qrl' t),(/), - ." :T: (;)::J ~ : .:0 .... (II:C: t>> (11:-": ~::T , ~: OJ tp - :.. g '. . ~::J .:0 -. ~jc:~ o.lft) I>>\:T cJcn ~~ ~e:,O ~<D (Q<D ~, <D- r) \. ~ 'i'.- I' 0 \ ' -0 ~ , ~l ~g m - 0\ ~ (j) ~ \) '-~ It '" l,\ I:::::. . ~ ,'-C) \l ~ 7' . . . (/J "T1 ~~ ?;: O)>Ul\l;:+() 0 -1 1)1 Jj :>> \1 ... ~ 0 ::I, CD 0 3 iil Q. o' g~g-3-33 CitCD ,al 0' ,....... (j) ...="a-<.j>."2. c.u ... z -=O~3O ~ 16g-::Eg=<;~ 0) a-~ ~ . co (j) -..... a. ::;0 w. CD; ffil~. .... 3 i g 0 G> 2. IOl Cil .... '" ggglll!!1-tD Sl (f).::;~:i. '" "T1 g: ... a.::J 3 ::1.3 i (J) ...,< ... =<; CilCD$4.Ul CD $ ~ III >...,,, p; g" 2 <>> ..~o. i3ge-~~:-'- c: ~ ~ - c:<3 ~g-3o.c!'J 1 =-:;- CDCD...~~I>> I\) "'" ~9:0Ci' "C'="o.;:;:.::J 0 CDIllCD...CDo. ~ ... ~o 3~g~-<~ -. c: <0 ... Q. . Q. ... "':7 ~~ ij~a.~ w.~ U)C1> .~ . g-g:.g.\3 r.>- j CD-<=,,!!!.O c.u; Q. 30CD~O IllF... 3 <O~ ~ _. CD." ~ ~- -Q. ~ 15' 3 -..J I ~ CD (jJ tD CD CJ 0 (t ~ CD ~ CJ r.> ;.:' 0' ru U1 .:z ::c ,~ II ru c 3 CJ ~ !" P !ll >< ~ ::c w ~ CJ ::c ::;;ur ::c (f) '" -<a. ~ ~ !2. ~ 'S m '" '" ::I ::I. !fl~ ~ CJ ~ <. CJ g: '" a iil CJ i ~ !l l:-' lr --. ! :::z: J ru 0 i6. 0- <: -< ! 0- J 000 III ~ []:I p~~ N i ;&1 oc"C I--' ~ .ll P 3 m ,..." II> Ln ~ ~;!: <::) [j l:-' <::) []:I !!!. ~ U'1 ~ 'S -t p I g- o 0 dll !!l- 00 ;!: CD ~ ~ z~ So 5:~ '" :T o '" 0 a. CD ~ ~ !2. Cil ;1 i a. <' ~ oj' '" -< 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 Momoe 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 Momoe County Ordinance Nos. 023-2005 and 027-2005 through 030-2005, which were filed in this office on November 21, 2005. Sincerely, ~ CQaJ) Liz Cloud Program Administrator LC/mp ~ c = .." 0; Z .. ca r- ~ z I'T1 c::> 0 < ~ -" ~. r- <:) 00' CD c:::o~ ::;0 z. <::) :I:lIl :::0 -for- :z ,." :<,...-f::J: 9 C') . )> "Tt Q 0 r- ,.., W :%J )> C . - OSTA TE LIBRARY OF FLORIDA RA Gray Building. Tallahassee, Florida 32399-0250 · (850) 245-6600 FAX: (850) 488-2746. TDD: (850) 922-4085. http://www.dos.state,t1.us OLEGISLA T1VE LIBRARY SERVICE 0 RECORDS MANAGEMENT SERVICES OFLORIDA STATE ARCHIVES (850) 488-2812. FAX: (850) 488-9879 (850) 487-2180. FAX: (850) 413-7224 (850) 245-6700. FAX: (850) 488-4894 OADMINISTRA TIVE CODE AND WEEKLY (850) 245-6270. FAX: (850) 245-6282 DCA Final Order No.: DCA06-OR-057 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS o C=2 o In re: MONROE COUNTY LAND ?i- DEVELOPMENT REGULATIONS o n,-- ADOPTED BY MONROE COUNTY ORDINANCE NO. 029-2005 ;c- ti i -,j sr D 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. 029-2005 which was adopted by the Monroe County Board of County Commissioners on October 19, 2005 ("Ord. 029-2005"). 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, and provides criteria for designation of Tier Boundaries for Big Pine Key and No Name Key pursuant to the Habitat Conservation Plan (HCP) to implement Goal 105 of the 2010 Comprehensive Plan, Rule 28-20.100, F.A.C., and the Tier Overlay System. The Ordinance renumbers existing section 9.5- 256 to 9.5-271 and creates a new section 9.5-256. 4. Ordinance 029-2005 is consistent with the 2010 Monroe County Comprehensive Plan. 1 DCA Final Order No.: DCA06-OR-057 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 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. 029-2005 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. 029-2005 promotes and furthers the following Principles: (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. (g) To protect the historical heritage of the Florida Keys. (j) To make available adequate affordable housing for all sectors of the population of the Florida Keys. • (1) To protect the public health, safety, and welfare of the citizens 2 • DCA Final Order No.: DCA06-OR-057 of the Florida Keys and maintain the Florida Keys as a unique Florida resource. 10. Ord. 029-2005 is consistent with the Principles for Guiding Development as a whole. WHEREFORE, IT IS ORDERED that Ord. 029-2005 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. Y D. ER State Planning 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 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 3 DCA Final Order No.: DCA06-OR-057 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 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.: DCA06-OR-057 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 d,correct copies have been furnished to the persons listed below by the method indicated this day of February, 2006. iriam Snipes, De ty 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