The URL can be used to link to this page

Ordinance 029-2006 ORDINANCE NO. 029-2006 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ADOPTING AMENDMENTS TO CHAPTER 9.5 OF THE LAND DEVELOPMENT REGULATIONS, MODIFYING AND MAKING PERMANENT SECTION 9.5-227, EMERGENCY TEMPORARY HOUSING; PROVIDING FOR TEMPORARY PLACEMENT OF RVS, TEMPORARY AIRPORT CONSTRUCTION HOUSING, AND TEMPORARY RECOVERY OR RECONSTRUCTION HOUSING; PROVIDING SPECIFIC STANDARDS AND PROCEDURES FOR APPROVAL OF RVS, TEMPORARY AIRPORT CONSTRUCTION HOUSING AND TEMPORARY RECOVERY OR RECONSTRUCTION HOUSING AS TEMPORARY EMERGENCY HOUSING; PROVIDING FOR SEVERABILITY AND REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; AMENDING AND/OR ADDING FOR CONSISTENCY PURPOSES RELATED PROVISIONS; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR INCORPORATION IN THE MONROE COUNTY CODE OF ORDINANCES WHEREAS, the Monroe County Board of County Commissioners (BOCC), after public hearing(s), has reviewed and considered the proposed amendments to the Land Development Regulations (LDRs), comments of the public, recommendations of the Planning Commission, the Development Review Committee and recommendations of staff and the Workforce Housing Task Force and its counsel, and other matters; and WHEREAS, the BOCC hereby makes the following Findings of Fact: 1. Unincorporated Monroe County suffered significant property damage in 2005, particularly due to the storm surge from Hurricane Wilma. 2. Pursuant to F.S. 252.36, the Governor executed Executive Order 05-219, declaring a state of emergency in Florida. 3. Said declaration of emergency specifically invoked F.S. 252.46(1), authorizing political subdivisions to make such orders and rules necessary for emergency management purposes; and on November 16, 2005, Monroe County adopted Ordinance No. 32-2005 establishing Section 9.5-227 relating to emergency temporary housing, which ordinance as an emergency measure is set to expire on September 5, 2006. 4. The termination of the 2006 States of Local Emergency and the continued need for emergency temporary housing during the extended local recovery from Hurricane Wilma requires the BOCC to amend and replace the previously adopted interim development regulations with permanent provisions adopted pursuant to Chapter Emergency Housing xx-2006 v9.doc7/5/2006 9:44: 19 AM Page I of9 163, F.S., to, among other things, deal with critical airport construction worker housing and the possible future need for emergency housing authority. 5. Citizens of Monroe County are still recovering from Hurricane Wilma effects lmd the threat of severe tropical weather in any given year requires that an emergency housing ordinance be adopted to permanently address, among other things, authority to maintain temporary RVs supplied by FEMA. 6. F.S. 252.311 and 252.38, respectively, mandate the development of emergency preparedness, response, recovery and mitigation capabilities as an important state interest and establish that safeguarding the life and property ofthe County's citizens through development of emergency management plans and programs, including those planning for emergency housing needs as set forth herein, is an innate responsibility of the SOCC. 7. F.S. 380.0552(7), Principles of Guiding Development, subsection (k), mandates the provision of adequate alternatives for the protection of public safety and welfare in the event of a natural or manmade disaster and for a post-disaster reconstruction plan. 8. Monroe County is currently proceeding with substantial construction of safety and capacity improvements at the County's airports, which airports are critical emergency preparedness components both for hurricane evacuations and post -storm recovery efforts. 9. Contractors now working on airport safety and capacity improvements must stage their temporary work crews from the Florida mainland and are experiencing severe difficulty in finding temporary housing for their crews. 10. The County has determined that delays in completing airport safety and capacity improvements are likely without contractors' staging of temporary RVs, trailers and other transient worker lodging facilities on airport property, and the County deems that any such delays will constitute a potentially grave public danger. II. The County has determined that airport safety and capacity improvements at both Key West International Airport and Marathon Airport proceed without any avoidable delay. 12. Following the experience with Hurricane Wilma, the County has determined that delays in completing cleanup and reconstruction in the days and months immediately following hurricanes and tropical storms are likely, and any delays will exacerbate recovery efforts without permanent regulatory authorization in place to permit staging of temporary transient worker lodging facilities following a natural or manmade disaster. 13. Objective 501.9 of the Comprehensive Plan requires that Monroe County Emergency Housing xx.2006 v9.doc7/5/2006 9:44: 19 AM Page 2 of9 be prepared to meet emergencies and rapidly changing circumstances in the Caribbean and the Gulf of Mexico . 14. Policy 501.9.1 of the Comprehensive Plan requires Monroe County to adopt Land Development Regulations containing provisions for permitting development of aviation facilities during emergencies. 15. Goal SOl of the Comprehensive Plan requires that Monroe County provide aviation facilities to all existing and future residents and guests in a manner that maximizes safety, convenience, economic benefit, environmental compatibility and consistency with other elements of the Comprehensive Plan. 16. Goal 216 of the Comprehensive Plan requires that Monroe County provide for hurricane evacuation, shelters and refuges, and communication capabilities to promote safeguarding of the public against the effects of hurricanes and tropical storms. 17. The County is currently in the process of amending its Comprehensive Plan and Land Development Regulations to address a broad range of affordable and employee housing issues, which Comprehensive Plan and regulation amendments the County plans to integrate with these permanent emergency housing regulations. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THE FOLLOWING: That the preceding findings support its decision to approve the amendments to the Land Development Regulations of the Monroe County Code as provided herein: Section 1. Section 9.5-227, Monroe County Code, is hereby adopted to supercede interim Section 9.5-227 in its entirety to read as follows: Sec. 9.5-227. Temporary Emergency Housing (a) Purpose: It is the purpose of this section to provide regulations that allow for the relaxation of the use prohibitions in Article VII, Division 2 of this chapter to (I) allow temporary emergency housing during the recovery period from a natural or manmade disaster, including but not limited to hurricanes and tropical storms, (2) avoid delay in completing ongoing or future airport safety and capacity improvements, and (3) provide regulatory authority for placement of emergency temporary housing for workers responding to recovery and reconstruction efforts following natural or manmade disasters which are lawfully declared emergencies by any federal, state or local governmental emergency declaration authority. (b) Definitions: As used in this ordinance, the following terms shall have the definitions provided, unless the context clearly provides otherwise: (I) Recreation vehicles shall be as defined in Sec. 320.01, Florida Statutes. Emergency Housing xx-2006 v9.doc7/5/2006 9:44: 19 AM Page 3 of9 (2) Temporary emergency housing shall mean "recreational vehicles" (or similar approved sheltering units) used for temporary occupancy in response to natural or manmade disasters, including but not limited to hurricanes and tropical storms, where such recreational vehicles or similar units are provided to residents as part of emergency relief efforts. (c) Placement of single R Vs (or similar sheltering units) for temporary emergency housing on single family lots: Notwithstanding the provisions of this chapter, recreational vehicles (or similar approved sheltering units) may be placed on a single family lot for temporary occupancy by tenants displaced by natural or manmade disaster damage to the lawfully-established dwelling unit on the lot subject to the following conditions: (I) The dwelling has incurred sufficient damage to make the dwelling uninhabitable as determined by photographic evidence provided by the applicant or an inspection by an official from a federal or state governmental relief agency, the county building department or code enforcement department; (2) A building permit is issued for repair of damages caused by the casualty event to make the residential structure habitable no fewer than ninety (90) days from placement of the RV (or similar sheltering unit) on the property; (3) Placement of the RV (or similar sheltering unit) shall require a no- fee building permit, linked to the building permit issued for casualty damage repair, that shall require, prior to its issuance, approval by the building official of its siting location on the lot and a Department of Health permit authorizing the connection of the R V (or similar sheltering unit) to an on-site wastewater treatment and disposal system or to an existing community wastewater treatment system; (4) The size of the RV (or similar sheltering unit) to be placed on the lot shall be limited to eight (8) feet in width and thirty-two (32) feet in length, if lacking self-propulsion, and eight (8) feet in width and forty-two (42) feet in length, if self-propelled; (5) The RV (or similar sheltering unit) shall remain on the property for a period not to exceed 180 days from the date of permit issuance or until the final inspection or certificate of occupancy is issued on the repairs made to the residential dwelling, whichever comes later, but in no case more than 180 days from the date of permit issuance without a written extension from the county building official or his representative not to exceed an additional 180 days based upon the building official or his representative's determination that good cause has been shown for the need for an extension and that the RV (or similar sheltering unit) is Emergency Housing xx-2006 v9,doc7/S/2006 9:44:19 AM Page 4 of9 adequately tied down and secured so as not to present an undue hazard to persons or property in a high-wind or flood event. However, nothing in this section shall prevent the County or any state or federal authority to terminate without notice the authority to keep any RVs (or similar sheltering units) otherwise authorized under this section should it be deemed required for the public safety. (d) Placement of RVs (or similar sheltering units) for temporary emergency housing on non-residential properties: Notwithstanding the provisions of this chapter, one (I) or more RVs (or similar sheltering units) may be temporarily placed by permit on properties in non-residential land use districts and on publicly-owned lands, excluding lands designated for conservation and resource protection, to house County residents displaced by natural or manmade disaster or casualty event and/or disaster recovery workers. The size of the RVs (or similar sheltering units) to be temporarily placed shall be in accordance with (c)(4), above. Permitting approval of the temporary placement of RVs (or similar sheltering units) shall require submittal of a no-fee permit application to the building department to be approved by the building official, including a site plan pursuant to requirements established by the building official. Upon final inspection by the building official of the temporary construction granted by said permit, authorization for the occupancy of the property for temporary emergency housing shall not exceed ISO days from the date of the final inspection without a written extension from the county building official or his representative not to exceed an additional ISO days based upon the building official or his representative's determination that good cause has been shown for the need for the extension and that the RV (or similar sheltering unit) is adequately tied down and secured so as not to present an undue hazard to persons or property in a high- wind or flood event. However, nothing in this section shall prevent the County or any state or federal authority to terminate without notice the authority to keep any R V s (or similar sheltering units) otherwise authorized under this section should it be deemed required for the public safety. (e) Placement of single R Vs, trailers and other temporary dwelling structures (together "temporary airport construction housing facilities ") for temporary emergency contractor housing on County airport properties: Notwithstanding the provisions of this chapter, recreational vehicles, trailers and other temporary dwelling structures may be placed on Monroe County airport properties for temporary occupancy by contractors completing airport safety and capacity improvements subject to the following conditions: (I) Placement of temporary airport construction housing facilities must not impede or interfere with aviation operations or safety and must conform to any applicable FAA regulations; (2) No clearing or filling of environmentally sensitive lands may occur as a result of providing temporary airport construction housing facilities; (3) All temporary airport construction housing facilities shall be adequately tied down, provide for proper solid waste disposal, and require Emergency Housing xx-2006 v9.doc7/5/2006 9:44: 19 AM Page 5 of9 a no-fee building permit linked to existing airport construction permits, that shall require, prior to their issuance, approval by the County building official of their siting location(s) and Department of Health permits or authorization for the connection of the temporary airport construction housing facilities to an on-site wastewater treatment and disposal system or to an existing community wastewater treatment system; (4) Temporary airport construction housing facilities shall ensure that temporary electrical and sewage lines do not constitute an attractive nuisance to children or homeless persons in the area (i.e., sufficient temporary fencing may be required by the building official); (5) Temporary airport construction housing facilities shall remain on the property for a period not to exceed thirty (30) days from the date of completion of the related airport construction work, unless extended by resolution of the BOCC; (6) The only persons permitted to reside for any period in temporary airport construction housing facilities are individuals who while in Monroe County are actually gainfully employed on a fulltime basis in completing airport safety and capacity improvements at a Monroe County airport. All residents or occupants of temporary airport construction housing facilities must be required to timely evacuate in accordance with local evacuation orders. (f) Placement of single RVs, trailers and other temporary dwelling structures (together "temporary recovery or reconstruction housing facilities") for temporary emergency worker housing: Notwithstanding the provisions of this chapter, recreational vehicles, trailers and other temporary dwelling structures may be placed on public or private property within Monroe County for temporary occupancy by workers occupied in response to cleanup and reconstruction efforts following a natural or manmade disaster subject to the following conditions: (1) An Emergency Directive or Resolution of the BOCC is issued authorizing the placement of the temporary recovery or reconstruction housing facilities; (2) Placement of temporary recovery or reconstruction housing facilities must not impede or interfere with other emergency and recovery operations or public safety; (3) Temporary recovery or reconstruction housing facilities shall be adequately tied down and provide for proper solid waste disposal, and where used to house workers involved in reconstruction activities, shall require a no-fee building permit linked to the required demolition or building permits for the related reconstruction activities. Where the Emergency Housing xx-2006 v9.doc7/5/2006 9:44:19 AM Page 6 of9 temporary recovery or reconstruction housing facilities are used to house workers involved in reconstruction activities, any required demolition or building permits for the related reconstruction activities must be issued within ninety (90) days from the placement of the temporary recovery or reconstruction housing facilities on an approved site. Prior to the issuance of no-fee building permits for any temporary recovery or reconstruction housing facilities, the County building official shall approve of the siting of the facilities and the Department of Health shall permit or otherwise authorize the connection of the temporary recovery or reconstruction housing facilities to an on-site wastewater treatment and disposal system or to an existing community wastewater treatment system; (4) No clearing or filling of environmentally sensitive lands may occur as a result of providing temporary recovery or reconstruction housing facilities; (5) Temporary recovery or reconstruction housing facilities shall ensure that temporary electrical and sewage lines do not constitute an attractive nuisance to children or homeless persons in the area (i.e., sufficient temporary fencing may be required by the building official); (6) Temporary recovery or reconstruction housing facilities shall remain in place only for the period expressly set forth in the relevant authorizing emergency directive or board resolution. However, with respect to any particular site, the building official may extend the allowed placement one (I) or more times for a cumulative period not to exceed 180 days, and with respect to one (I) or more, or all permitted sites, the BOCC may by resolution extend the period of permitted placement as deemed necessary or expedient to the public good. However, nothing in this section shall prevent the County or any state or federal authority to terminate without notice the authority to keep any temporary housing structures otherwise authorized under this section should it be deemed required for the public safety; (7) The only persons permitted to reside for any period in temporary recovery or reconstruction housing facilities are individuals who while in Monroe County are actually gainfully employed on a fulltime basis in completing cleanup and reconstruction efforts following a natural or manmade disaster. All residents of temporary recovery or reconstruction housing facilities who were not permanent residents of Monroe County prior to first occupying such housing facilities must be required to evacuate in accordance with local evacuation orders. Residents of any temporary recovery or reconstruction housing facilities who were permanent residents of Monroe County prior to first occupying such housing facilities may not remain in temporary recovery or reconstruction Emergency Housing xx-2006 v9.doc7/S/2006 9:44:19 AM Page 7 of9 housing facilities during any period when a local evacuation order is in effect. Section 2. Severability. If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence or provision immediately involved in the controversy in which such judgment or decree shall be rendered. Section 3. Conflictin!!: Provisions. In the case of direct conflict between any provision of this ordinance and a portion or provision of any federal or state law, rule, code or regulation, the more restrictive shall apply. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of such conflict. Section 4. Transmittal. 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 and as required by F.S. 380.05(6) and (11). Section 5. Filin!!:. 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. Effective Date. This ordinance shall become effective as provided by law and stated above. Where Comprehensive Plan amendments may be required in order for any part of this ordinance to be deemed consistent with the Comprehensive Plan, the effective date of such part shall be as of the effective date of the required Comprehensive Plan amendment and as otherwise required by law. [THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK) Emergency Housing xx-2006 v9.doc7/5/2006 9:44:19 AM Page 8 of9 PASSED AND ADOPTED by the Board of County Conunissioners of Monroe County, Florida at a regular meeting held on the 19th day of July ,2006. Mayor Charles "Sonny" McCoy Mayor Pro Tern Dixie Spehar Commissioner George Neugent Commissioner Glenn Patton Commissioner David Rice Yes Yes Yes Yes Yes BOARD OF COgu~_~MMISSIONERS OF MONROE CO ~\LORIDA BY: '--- ""pE'2j;i;\~, ~li-" ~'~~~~~ o ~ c::.o-J r^"ti . ~; 'M' /17';;-;V '\::;, ,- ft, " ,~', . ,-1-_" <j" \ \~'IlANNY L. KOLIIAGE, ::.:~cru.d," "Som>y" M,Co, ~a./u Q c... ~~ Deputy Clerk Emergency Housing xx~2006 v9.doc7/5/2006 9:44: 19 AM Page 9 of9 :J: 0 o ;po % :z ::0 n-- 0,"""":: '"";>::-- n. r on~. c:: 53 ,.,;-, z. c ~nC :<:-':;;;,. :! G) l> ITl "'" "'" "'" ..... :Po c=: .., ..., r Sr.' ....J "" C) ~::r,J (J1 ""0 :x ea ~ o :;0 ;'"'1"1 o o ;0 Cl NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY QRDINANCE ......~ ZENT WEST NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on May 16, 2006 at 3:00 P.M. at the .-;"1.1.,. Key Largo Library, TI-adewinds I, LLC Shopping Center, 101485 Overseas 'Highway, Mile Marker 101, Key Lar- go, Monroe County, Florida, the Board of County Commissioners of Monroe County, Florida, intends to consider the adoption of Hie follow- ing County ordinance: AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS EXTENDING AND MODIFYING INTERIM AMENDMENTS TO CHAPTER 9.5. MONROE COUNTY CODE [LAND DEVELOPMENT REGULATIONS], IN REPONSE TO HURRICANE WIL. MA AND FOR 2006 EMERGENCY PREPAREDNESS PURPOSES AMENDING INTERIM SECTION 9.5-227, EMERGENCY TEMPORA. RY HOUSING; PROVIDING FOR TEMPORARY PLACEMENT OF RVS TEMPORARY AIRPORT CONSTRUCTION HOUSII~G, AND TEMPORARY RECOVERY OR RE. CONSTRUCTION HOUSING; PRO- VIDING SPECIFIC STANDARDS AND PROCEDURES FOFI APPRO. VAL OF RVS, TEMPORARY AIR. PORT CONSTRUCTION HOUSING AND TEMPORARY RECOVERY OR RECONSTRUCTION HOUSING AS TEMPORARY EMERGENCY HOUSING; PROVIDING FOR RE. PEAL OF ALL ORDINANCES IN. CONSISTENT HEREWITH; PRO. VIDING AN EFFECTIVE DATE; PROVIDING FOR FILING IN THE OFFICE OF THE MONROE COUN. TY CLERK AND THE SECRETARY OF STATE OF THE STATE OF FLORIDA; AND PROVIDING FOR EXPIRATION WITHIN 3130 DAYS OF THE EFFECTIVE DATE. Pursuant to Section 286.0105, Flori- da,Statutes, notice is given that if a person. decided to appeal any deci- sion made by the Board with respect to any matter considered at such hearings or meetings. he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the proceedings is made, wh':ch record includes the testimony and evidence upon which the appeal is to be based. PUBLIC NOTICE Copies of the above-referenced ordi- nance are available for review at the various public libraries in Monroe County, Florida. Dated at Key West, Florida, :this 20th I day of April, 2006. DANNY L. KOLHAGE, Clerk of the Circuit Court and ex oHicio Clerk of the .soard of I Commissioners of Monroe County. Florida (SEAL) County April 30 & May 7. 2006 STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority personally appeared Randy G. Erickson, who on oath says that he is Vice-President of Advertising Operations of the Key West Citizen, a daily newspaper published in Key West, in Monroe County, Florida; that the a ached cop advertisement, being a legal notic in the matter f ~ . . Co .Ap"1..Y 3t' ~ , was publis ed in Q newspaper in the ry~y Z, ;2af~ Affiant further says that the Key West Citizen is a newspaper published in Key West, in said Monroe County, Florida and that the said newspaper has heretofore been continuously published in said Monroe County, Florida every and has been entered as second-class mail matter at the post office in Key West, in said Monroe County, Florida, for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. - :; Ov-J..# O~9~d-~(p Signat ffi 0,- -< -< J'T'I;>< N ~~ . ~ -. . :IE :<~-~. - Notary Public: Marsha F. Kirkwood ~ W, ;; ~ ~~~ ~ 71 ~. . Sworn and subscribed before me this 'j{' day of Expires: September IS, 2009 Notary Seal ,,"'y"", MARSHA F. KIRKWOOD ,."..... ""." I~om~i'~ Notary Public. Stale of Florida ~. : . iMy Commission Expires Sep 15, 2009 -:'~':i '(f;~~~ Commission # 00472620 "',.9r.:.~,.'" Bonded By National Notary Assn. Personally Known x Produced Identification Type ofIdentification Produced -" p o -" o ;:0 ,~06 " C> ?O o • . � FLORIDA KEYS- --- € - -- - - '' a , ,-- I No'.1801100 - + basedthe appeal is to be �y 1 ' , NOTICE OF INTENTION Co ies ofthe above ref- g x I TO.CONSIDERADOP- „ p _ erehced ordinance are Published Twice Weekly TIONOFCOUNTYOR- available for review at the " OR- DINANCE ' various public libraries in , Marathon, Monroe County, Florida • NOTICEISHEREBY 'MonroeCounty,Florida.- GIVEN TO WHOM IT I Dated at Key West,. May 6,006'a 3:0000NCERN t on j Florida,this 20th day of PROOF OF PUBLICATION P.M.at the Key Largo Lk April,2006. ' brary,Tradewinds Shop- DANNY L.IZOLHAGE, STATE OF FLORIDA ping Center,101485 Clerk ofthe Circuit Court Overseas Highway,Mile COUNTY OF MONROE l and Board ofCouClerkofthe Marker 101,Key Largo, Board of County • Monroe County;Florida, Commissioners of Before the undersigned authority person- the Board of County Monroe County,Florida- I ally appeared WAYNE MARKHAM who on i ComrriissionersofMon- oath, says that he is PUBLISHER of the roe County,Florida,in- Publish April29 and May tends to consider the 6,2006 FLORIDA KEYS KEYNOTER, a twice I adoption of the following Florida Keys Keynoter - T. weekly newspaper published in Marathon, County ordinance: in Monroe County, Florida: that the AN ORDINANCE BY THE MONROE COON attached copy of advertisement was -TY BOARD OF COUNTY published in said newspaper in the issues COMMISSIONERS EX- ' of: (date(s) of publication) FYING TENDING INTERIM ODI- (2,7_ G` /_ AMENDMENTS TO - --t". . CHAPTR 9.5,MON- ROECOUNTY CODE (LAND L (LANDND DEVELOPMENT OPMENT , '! .REGULATIONS),IN_ PONSETOHURR- ' 't- CANE WILMAAND FOR , O • Affiant further says that the said FLORIDA p POOP EMERGENCY Y g- PREPAREDNESS PUR- ! (D ..c:%\-• a..0O(...s7 KEYS KEYNOTER is a newspaper published POSES AMENDING IN- { at Marathon, in said Monroe County, 1, g 5 227,EMERGENCY Florida, and that the said newspaper has 1 _ TEMPORARY_HOUS-- heretofore been continuously published in ING;PROVIDING FOR ' TEMPORARY PLACE- ' said Monroe County, Florida, twice each € MENTOFRVS,TEMPO-r RARY AIRPORT CON week (on Wednesday and Saturday) and j STRUCTION HOUSING, has been entered as a second class mail I[ AND TEMPORARY RE- ' COVERY OR RECON- matter at the post office in Marathon, in -STRUCTION HOUSING; Monroe County, Florida, for a period of PROVIDING SPECIFIC y ARDS AND . one year next preceding the first . PROCEDURES FOR, publication of the attached copy of APPROVAL OF RVS, IV TEadvertisement. The affiant further says CONSTRUCTION Y � CONSTRUCTION p � o 't that he has neither paid nor promised any I HOUSINGANDTEM- A > L .^' person, firm, or corporation anydiscount, OORECONSTRUC-ARY r-N = e P 1 , ORRECONSTRUC- ' _ rn�� = �-' rebate, commission or refund for the TION HOUSING AS 2. -•f I 'mod purpose of securing this advertisement for GENCY HOUSING;RARY ER ,� -.. �' Y publication in the said newspaper(s) and PROVIDING:FOR RE- PEAL that The Florida Keys Keynoter is in full NANCES INC O INCONSIS- compliance y � NANCES INCONSIS- with Chapter 50 of the Florida TENT HEREWITH; , State Statutes on Legal and Official TIVE DATE; PRO AN ID- I�. �TINE DATE;PROVID- Advertisements. . ING FOR FILING IN THE , OFFICE OF THE MON- -ROE COUNTYTHESECRETARY CLERK , /../- / AND` `�`` -OFSTATEOFTHE mi STATE OF FLORIDA; Swo n o and bsc' -•. before me AND PROVIDING FOR / -EXPIRATION WITHIN th s' Day f - , 2006 I 360 DAYS OF THE EF- ' (SEAL) FECTIVE DATE. l i i p 286.0105,Florida *�,//l P KATHLEEN BRYAN Statutes,notice is given T,.�„♦`�. 1827 that if a person decided to' .t.1' / 1§ Expires 12/12/2i 07 appeal any decision -'r e Bonded thru(000 432.4264 made by the Board with ��O R�"`� Fiortda Nota�+Ae .,Ina '- respect to any matter s ; considered at such hear- , ings o_r meetings,he will .- -heed a record of the pro-_.— - ceedings,and that,for W -_.. __._.,_ - . such purpose,he may i need to ensure that a ver-1 batim record of the pro • - ceedings is made,which �. record includes the testi- mony and evidence upon'; d ,i Your Upper Keys Connection • Ad#2019600 ORD Temporary Housing _ MAY CONCERNt on such purpose,he may THE REPORTER �. May 16;2006 at 3:00 • need to ensure that a vex- NOTICE OF INTENTION P.M.at the-Key Largo Li- batim record of the pro- P.O.Box 1197 •Tavernier,Florida 33070-1197 TO CONSIDER ADOP-, bra Tradewinds Shop- ceedings is made,which (305)852-3216 Fax: (305)852-0199 TION OF COUNTY OR-' ping Center,101485 j • record includes the;testi= DINANCE - ' Oveiseas Highway',Mile many and evidence upon i 33�_ I Marker"-101,Key Largo,' which the appeal is to be PROOF OF PUBLICATION NOTICE ISHEREBY Monroe ardofCCounty;Florida, based. • GIVEN TO WHOM IT ( the Board of County continued on the Commissioners of Mon-- -- Copies of the above-ref- r'Nexrcbtum_n_ _ - • roe County,Florida,in- erenced ordinance are STATE OF FLORIDA - - • - - tendstoconsiderthe available for reviewatthE _ -. I adoption of the following various public.libraries in COUNTY OF MONROE - - . • Countyordinance:' _ Monroe County,Florida., AN ORDINANCE BY ` - Dated at Key West,Flori- Before the undersigned authority THEMONROECOUN- da,this 20thdayofApril, personally appeared DAVID GOODHUE 0a9 I TYBOARDOFCOUNTY •2006. .. COMMISSIONERS EX- - who on oath, says that he is EDITOR of TENDING AND MODI-„ DANNYL.KOLHAGE, THE REPORTER, a weekly newspaper • FYING INTERIM Clerk of the Circuit,Court AMENDMENTS TO - and ex officio Clerk of the entitled to publish legal advertising CHAPTER 9.5,MON--. Board of•County Com- published at Tavernier, Monroe County, (: ROECOUNTYGODE . missioners of Monroe Florida: that the -attached of (LAND DEVELOPMENT. County;Florida - , copyREGULATIONS),IN-RE-_ advertisement, being LEGAL NOTICE in I PONSETOHURRI- - Publish4/28/06and -, said newspaper in the issue of: CANE WILMAAND FOR \5/05/06 I- .2006-EMERGENCY -- 'The Reporter PREPAREDNESS PUR- ' Tavernier,FL 33070 • April 28th and May 5th 2006 PPOSE SECT ON G-IN ._- ' 9.5-227,EMERGENCY TEMPORARY HODS= Affiant further says that THE REPORTER , ING;PROVIDING FOR is a newspaper published at Tavernier, in ' TEMPORARY PLACE- MENT said Monroe County, Florida, and that the RARY AIRPORT CON- said newspaper has heretofore been ' STRUCTION HOUSING„ RY RE- continuous) published in the said COV AND ERYORR ECON- Y � COVERY OR RECON- Monroe County, Florida, each week (on STRUCTION PROVIDING,SPECIFICHOUSING; Friday), and has been entered as second '• STANDARDS AND class mail matter at the Post Office in ;- PROCEDURES FOR' Tavernier, in said Countyof Monroe , APPROVAL O VS, .- o TEMPORARY PcoT ' ,i Florida, for a period of one year next CONSTRUCT' > ' n, preceding the first publication of the HOUSING AN6 P . , L., PORARY REC�/ ' - : c. rl attached copy of advertisement; and ' OR RECONSTRL.I -<' affiant further says that she has neither , -TION HOUSIN_ r— y 1_TEMPORARY -fro z. -• Ca paid nor promised any firm, person, or GENCYHOU .kiT - corporation any discount, rebate, PROVIDING FOi�f3�PEAL OF ALLOlk9I- -1` tri commission or refund for the purpose of (( NANCES INCONSIS . so ' securing this advertisement for I-TENT HEREWITH;LL9�-- - PROVIDING P,c rEFF-EtC-'N 1::3 publication in the said newspaper and that TIIG :NG DATE;P VID- . The Reporter is in full compliance with Chapter 50 of the FloridpState Statutes on ' OFFICE E COUNTY CLERK- .. Legal and Official Ad •ertisemments. AND THE SECRETARY- OF STATE OF THE• ' / ./...z. ' STATE OF FLORIDA;'-- I AND PROVIDING FOR EXPIRATION WITHIN • 360 DAYS OF THE EF- /,� FECTIVE DATE. . Sworn" t'6 and subscribed before me this Pursuanttosectioh • 5th day of May 2006. 285.0105,Florida .- . - • Statutes,notice-is given that if a person decided to appeal any decision - made by the Board with respect to any matter considered at such hear- \ �� ings•or meetings,hp will . fi need a record Of the pro- r.PPdinns and'ihat for Not . - - '�ontinued-on the Y 6')J4 CS • ��J\5 _S( - D Next Cdlumn ___- MARGGARET J.WHISENHUNT - 0.17`b6\: MY COMMISSION#DD443753 - - f `��.' ` F EXPIRES:JUN 22,2009 s`wud Bonded through 1st State Insurance FLORIDA DEPARTMENT OF STATE Sue M. Cobb Secretary of State DIVISION OF LIBRARY AND INFORMATION SERVICES August 28, 2006 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 August 17, 2006 and certified copy of Monroe County Ordinance No. 029- 2006, which was filed in this office on August 28, 2006. Sincerely, Li~~ Program Administrator LC/jru DSTATE 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.f1.us DLEGISLATlVE LIBRARY SERVICE 0 RECORDS MANAGEMENT SERVICES DFLORIDA STATE ARCHIVES (850) 488-2812. FAX: (850) 488-9879 (850) 487-2180. FAX: (850) 413-7224 (850) 245-6700. FAX: (850) 488-4894 DADMINISTRATlVE CODE AND WEEKLY (850) 245-6270. FAX: (850) 245-6282 3: 0 ~ :t> ::OnZ o z l"lr--< A n- , O~~. c::::o~":'>. z. c' -I~ ,-- -.... - :> .'~- ~-i- . . )> --" G:l r rw1 l> ..... <=> <=> "'" (;) fTI ." I ~'q r- ';"Tl '~::1 -'1 :;:> ;'0 ".. :x :;::J /-, n o ~) c.:I C) ..., U., sial Service", I I d R ,IFIl:. M~ILm RECEIPT (. e I ~I No Insurance Coverage Provided) fTl o a- a- CT /IR.'Z'"~. i '.,>" , ~.'~I~1Iil '.'.'".''''<''''''''''' ."w~,.", ~ L.._ ( " F I;, 1 A L USE r-=f --- .- - - ..- -- - - -;;- P%t"9<3 ~,_(.-,_ Retum hl'~lfJpt Fan (Endoffi'lmer FleqUrfud) ! __1 o ...n Restricted [;"livelY Feo ; ,..., (EndorsRmer' Required) i r-=I Total post~JP~til CT Admlnl ~ loon/TD R.A. Gray Building f'- MiBeCApt:i5flO-SOtIth--BrOflOug-h-Slfeet----nn-nh----nn-- O~PCJ_BO~_"faUl!_t)_a~~Jl_!!., E!Qr[g~n_~_a~l1_~:_Q_g~_Q__n______ Ctty.Stala,Zi'''''4 -- f'- o o o c. ,.,jjjci(IFea ~ , ' Postmark Here Ortl.:"#= r O.;l..'1-0l00& nd Weekly ;". II .,. . . . · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Atta.ch this card to the back of the mail piece, or on the front if space permits. 1. Article Addressed to: Program Administrator Administrative Code and Weekly IR.A. Gray Building 1500 South Bronough Street Tallahassee, Florida 32398-025 2. Article' Number (rransj'er from servIce label) PS Form 3811, February 2004 COMPLETE THIS SECTION ON DELIVERY A. Signature x o Agent o Addressee C. Date of Delivery B. Received by (Printed Name) D. Is <96Plr~9f')tW!trl If YES, enter delivery address belC:w~ Dves DNo AUG 28 2006 3. Servl Certified Mall D Registered o Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) o Ves Do, 7004 1160 0007 1974 9903 1eceipt 102595-02-M.1540 Your Upper Keys Connection THE REpORTER P.O. Box 1197. Tavernier, Florida 33070.] 197 (305) 852-3216 Fax: (305) 852-0199 PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority personally appeared DAVID GOODHUE who on oath, says that he is EDITOR of THE REPORTER, a weekly newspaper entitled to publish legal advertising published at Tavernier, Monroe County, Florida: that the attached copy of advertisement, being LEGAL NOTICE in said newspaper in the issue of: April 28th and May 5th 2006 Affiant further says that THE REPORTER is a newspaper published at Tavernier, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in the said Monroe County, Florida, each week (on Friday), and has been entered as second class mail matter at the Post Office in Tavernier, in said County of Monroe, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any firm, person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper and that The Reporter is in full compliance with Chapter 50 of the Floridp State Statutes on Legal and Official Adyertjsl!"ments. l,/rI // ,.., , / ///' / //'\// ,:~ Swor.( t6 and subscribed before me this 5th day of May 2006. Ad # 2019600 dRD Temporary Housing NOTICE OF INTENTION TO CONSIDER ADOP., TIO.N OF COUNTY OR- DINANCE ~' NOT~E IS HEREBY GIVFN Tn wwnUIT Ff'nth1l,1~ on the .N'elCt'~lumn ~~~t J ~0~d~\O',^~ 6-~-O(o I ,.-"."""".-, i'iii\!;;'GARET J. WHISf},HUNT !_:;,"lr:<;-., i\;W COM~l,:SSIO:~ #00443753 i",/ '.",,"\ ,'pn.s JUN 22 2009 ;:~.~&~'lt~~0j' ,- (II Ie . . ~'~:,:h9~::.~~~~I~rDUQ" 1st State lusuranee AN ORDINANCE BY Datad at Key West, Flori. THE MONROE COUN- da, this 20th day of April, TYBOARDOFCOUNTY 2006. COMMISSIONERS EX. .TENDlNG AND MODI- FYING INTERIM ' AMENDMENTS TO CHAPTER 9.5, MON- ROE COUNTY,CODE (LAND DEVELOPMENT REGULATIONS),IN'RE- PONSE TO HURRI- CANEWILMAANDFOR 2006 EMERGENCY PREPAREDNESS PUR- ' POSES AMENDING IN- , TERIM SECTION 9.5-227, EMERGENCY TEMPORARY HOUS- ING; PROVIDING FOR TEMPORARY PLACE- MENT OF RVS, TEMPO- RARY AIRPORT CON. STRUCTION HOUSING, AND TEMPORARY RE. COVERY OR RECON- STRUCTION HOUSING; PROVIDING SPECIFIC STANDARDS AND PROCEDURES FOR APPROVAL OfS, TEMPORARY P~T CONSTRUCTI> HOUSING ANI 6~~'6"o~~C ',< TION, HOUSIN " r- , , TEMPORARY ~ GENCY HOU ePO PROVIDINGF~ :1:10 PEALOFALL~ ~ NANCES INC~~.I~ c:? ~~~~tb~~~'$~~roc- N TIVE DATE; PROVID- ING FOR FILING IN THE OFFICE OF THE MON- ROE COUNTY CLERK AND THE SECRETARY OF STATE OFTHE STATEOFf'LORIDA; AND PROVIDING FOR EXPIRATION WITHIN 360DAYSOFTHEEF. FECTIVE DATE. MAY CONCERN that on May 16, 2006 at 3:00 P.M. at the Key Largo li- brary, Tradewinds Shop- ping Center, 101485. Overseas Highway, Mile Marker 101, Key Largo, Monroe County~ Floridil, the Board of County Commissioners of Mon- roe County, Florida. In-- tends to oonsidarttte adoption of the fQlldwlng County ordinance: Pursuant to Sectioh 266.0105, Florida Statutes, notice is given that if a person decided to apPQal any decision made by the Board with respect to any matter considered at such hear- ings or meetings,. he will neec;j a record of the pro- ("QAI"Iinnc:. ::lnrtth::lt fnr Q""tt.u""" the : :' iJ ~~x~ ~dl~"!.n_ ::;: - "" Co.. ~ such purpose, he may need to ensure thata ver- batim r~rd ofthe pro- ceedingiSjs made, which record li'ft5ludes the.testi- mony and evidence upon which the appeal is to be based. Copies of the above-ref- erenced ordinance are avaHable for' review at the various public libraries in Monroe County, Florida. DANNY L. KGLHAGE, CI.rk ofth. CJrclJ/tCourl and ex officio Clerk of the Board of County Com. missionElfs of Monroe County, Florida PubUah 4128/06 and 5/05106 The Reporter Tovarnlor, FL 33070 .." ,- i""" :;;1 -"I Q ;:0 00 f'l1 n o ::u o DCA Final Order No.: DCA06-OR-286 STATE OF FLORIDA o o DEPARTMENT OF COMMUNITY AFFAIRS •� In re: MONROE COUNTY LAND c: - DEVELOPMENT REGULATIONS =} �rae� m ADOPTED BY MONROE COUNTY is ORDINANCE NO. 029-2006 r= rn / IV 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. (2006), 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, 2006, the Department received for review Monroe County Ordinance No. 029-2006 ("Ord. 029-2006"), adopted by Monroe County on July 19, 2006. 3. The purpose of the Ordinance is to amend Chapter 9.5 of the Land Development Regulations to establish provisions to allow temporary emergency housing during the recovery period from a natural or manmade disaster, avoid delay in completing ongoing or future airport safety and capacity improvements, and provide regulatory authority for placement of emergency temporary housing for workers responding to recovery and reconstruction efforts following natural or manmade disasters which are lawfully declared emergencies by any federal , state or local governmental emergency declaration authority. 4. Ordinance 029-2006 is consistent with the 2010 Monroe County Comprehensive Plan. 1 DCA Final Order No.: DCA06-OR-286 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. (2006). 6. Monroe County is a local government within the Florida Keys Area of Critical State Concern. § 380.0552, Fla. Stat. (2006) 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. (2006). The regulations adopted by Ord. 029-2006 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 1`999). The Principles are construed as a whole and no specific provision is construed or applied in isolation from the other provisions. 9. Ord. 029-2006 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. (k) To provide adequate alternatives for the protection of public safety and welfare in the event of a natural or manmade disaster and for a post disaster reconstruction plan. (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. 029-2006 is consistent with the Principles for Guiding Development as a whole. 2 DCA Final Order No.: DCA06-OR-286 WHEREFORE, IT IS ORDERED that Ord. 029-2006 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. T D. S R lannin dministrator Division of C munity 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 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. 3 DCA Final Order No.: DCA06-OR-286 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-286 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 yrrect copies have been furnished to the persons listed below by the method indicated this day of January, 2007. Paula Ford,Agency erk 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 Clark Turner, ACSC Administrator, DCA Tallahassee Richard E. Shine, Assistant General Counsel, DCA Tallahassee 5