Department of Economic Opportunity, Division of Community Development

 

DEPARTMENT OF ECONOMIC OPPORTUNITY
Division of Community Development

Final Order No. DEO-19-001

In re:       AMENDMENT TO THE CITY OF KEY WEST, FLORIDA,

                LAND DEVELOPMENT REGULATIONS

                ADOPTED BY CITY OF KEY WEST, FLORIDA,

                ORDINANCE NO. 18-26

_______________________________________________

FINAL ORDER

APPROVING CITY OF KEY WEST ORDINANCE NO. 18-26

The Department of Economic Opportunity (“Department”) hereby issues its Final Order, pursuant to subsection 380.05(6), Florida Statutes, approving land development regulations (“LDRs”) adopted by the City of Key West, Florida (“City”) by Ordinance No. 18-26 (“Ordinance”).

FINDINGS OF FACT

1.                  The City is designated as an area of critical state concern by Rule 28-36.002, Florida Administrative Code. 

2.                  The Ordinance was adopted by the City on October 16, 2018, and rendered to the Department on November 20, 2018.

3.                  The Ordinance amends section 122-1473 of the City of Key West Code of Ordinances (“Code”) to allow as a conditional use liveaboard vessels within duly permitted marina/docking facilities subject to the provision of the affordable workforce housing requirements of sections 122-1465, 122-1466, and 122-1469 of the Code.  The Ordinance also provides for parking requirements and provides a process for owners to submit an application for a variance to off-street parking requirements.

CONCLUSIONS OF LAW

4.                  The Department is required to approve or reject land development regulations that are adopted by any local government in an area of critical state concern. § 380.05(6), Fla. Stat.

5.                  “Land development regulations” include local zoning, subdivision, building, and other regulations controlling the development of land. § 380.031(8), Fla. Stat. The regulations amended by the Ordinance are land development regulations. 

6.                  The Ordinance is consistent with the City’s Comprehensive Plan generally, as required by section 163.3177(1), Florida Statutes, and specifically,
Policies 111.9.2 of the Code. 

7.                  All land development regulations enacted, amended, or rescinded within an area of critical state concern must be consistent and in compliance with the principles for guiding development for that area.  See § 380.05(6), Fla. Stat. The Principles for Guiding Development for the City are set forth in Rule 28-36.003, Florida Administrative Code.

8.                  The Ordinance is consistent and with the Principles for Guiding Development for the City as a whole, and specifically furthers the following principles:

(a)                 Strengthen local government capabilities for managing land use and development;

(h)           Protection of the public health, safety, welfare and economy of the City of Key West, and the maintenance of Key West as a unique Florida resource.

WHEREFORE, IT IS ORDERED that the Department finds that Ordinance No. 18-26 is consistent with the City’s Comprehensive Plan and Principles for Guiding Development for the City and is hereby APPROVED.

This Final Order becomes effective 21 days after publication in the Florida Administrative Register unless a petition is timely filed as described in the Notice of Administrative Rights below.

DONE AND ORDERED in Tallahassee, Florida.

                                                                                                /s/James D. Stansbury                                                                       

                                                                                                James D. Stansbury, Bureau Chief

Bureau of Community Planning and Growth

                                                                                                Department of Economic Opportunity

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.

For the required contents of a petition challenging agency action, refer to Rules 28-106.104(2), 28-106.201(2), and 28-106.301, Florida Administrative Code.

Depending on whether or not material facts are disputed in the petition, a hearing will be conducted pursuant to either sections 120.569 and 120.57(1), Florida statutes, or Sections 120.569 and 120.57(2), Florida statutes.

Any petition must be filed with the agency clerk of the department of economic opportunity within 21 calendar days of the final order being published in the florida administrative register. A petition is filed when it is received by:

Agency Clerk

Department of Economic Opportunity

Office of the general Counsel

107 East Madison St., MSC 110

Tallahassee, Florida 32399-4128

Fax [phone]

You waive the right to any administrative proceeding if you do not file a petition with the agency clerk within 21 calendar days of the final order being published in the florida administrative register.

CERTIFICATE OF FILING AND SERVICE

                I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with the undersigned designated Agency Clerk, and that true and correct copies have been furnished to the following persons by the methods indicated this 17th day of January 2019.

/s/Stephanie Webster                                         

Stephanie Webster, Agency Clerk, Department of Economic Opportunity, 107 East Madison Street, MSC 110

Tallahassee, FL  32399-4128

By U.S. Mail:

The Honorable Teri Johnston, Mayor, City of Key West, P.O. Box 1409, Key West, Florida 33041-1409

Cheri Smith, City Clerk, City of Key West, P.O. Box 1409, Key West, Florida 33041-1409

Patrick Wright, Director, Planning Department, City of Key West, P.O. Box 1409, Key West, Florida 33041-1409