DEPARTMENT OF ECONOMIC OPPORTUNITY
DEO Final Order No. DEO-19-037
In re:AMENDMENT TO THE ISLAMORADA, VILLAGE
OF ISLANDS, FLORIDA, LAND DEVELOPMENT
REGULATIONS ADOPTED BY ORDINANCE NO. 19-17
_________________________________________________________
FINAL ORDER
APPROVING ISLAMORADA, VILLAGE OF ISLANDS
ORDINANCE NO. 19-17
The Florida Department of Economic Opportunity (“Department”) hereby issues its Final Order, pursuant to subsection 380.05(6), Florida Statutes, approving land development regulations adopted by Islamorada, Village of Islands, Florida (“Village”) by Ordinance No. 19-17 (“Ordinance”).
FINDINGS OF FACT
1. The Florida Keys Area is designated by section 380.0552, Florida Statutes, as an area of critical state concern. The Village is a local government within the Florida Keys Area.
2. The Ordinance was adopted by the Village on August 8, 2019, and rendered to the Department on September 6, 2019.
3. The Ordinance amends Chapter 30, Article V, Division 6, “Landscaping Standards,” of the Village Code. The Ordinance amends sections 30-813 and 30-821 and creates Section 30-827 to add landscaping requirements including, tree spacing criteria and plant material criteria, for development that requires a site plan approval pursuant to section 30-215(b) of the Code. Section 30-215(b) of the Code provides for the following:
Site plan approval shall be obtained prior to issuance of a building permit for any of the following types of developments:
(1) New nonresidential or industrial development on vacant parcels of land;
(2) Residential development of more than two dwelling units;
(3) Any amendment to a previously approved site plan;
(4) Any nonresidential development project that would constitute a substantial improvement as defined in this chapter on property with frontage on a major street and all property within the Village Center (VC) zoning district; or
(5) As otherwise required by this chapter.
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 Village’s Comprehensive Plan generally, as required by section 163.3177(1), Florida Statutes, and specifically, Policy 1-4.7.1, Policy 6-1.4.5, and Policy 6-1.7.13.
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 Village are set forth in subsection 380.0552(7), Florida Statutes.
8. The Ordinance is consistent with the Principles for Guiding Development for the Village as a whole, and specifically furthers the following principles:
(a) Strengthening local government capabilities for managing land use and development so that local government is able to achieve these objectives without continuing the area of critical state concern designation.
(c) Protecting 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) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, and ensuring that development is compatible with the unique historic character of the Florida Keys.
WHEREFORE, IT IS ORDERED that the Department finds that Ordinance No. 19-17 is consistent with the Village’s Comprehensive Plan and Principles for Guiding Development for the Village 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, BY FILING A PETITION.
A petition must be filed with the agency clerk of the department of economic opportunity within 21 calendar days of the date of Filing of the final order as indicated on the certificate of service. 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 (850)921-3230,
agency.clerk@deo.myflorida.com.
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 date of the filing of the final order.
For the required contents of a petition challenging agency action, refer to subsections 28-106.104(2), 28-106.201(2), and section 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 section 120.569 and subsection 120.57(1), Florida statutes, or Section 120.569 and subsection 120.57(2), Florida statutes.
Pursuant to section 120.573, florida statutes, and chapter 28, part iv, florida administrative code, YOU ARE NOTIFIED THAT mediation is not available.
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 10th day of October 2019.
/s/Janay Lovett, Agency Clerk, Department of Economic Opportunity, 107 East Madison Street, MSC 110, Tallahassee, FL 32399-4128
By U.S. Mail:
Deb Gillis, Mayor, Islamorada, Village of Islands, 86800 Overseas Highway, Islamorada, FL 33036
Kelly S. Toth, Village Clerk, Islamorada, Village of Islands, 86800 Overseas Highway, Islamorada, FL 33036
Ty Harris, Director of Planning, Planning and Development Services, 86800 Overseas Highway, Islamorada, FL 33036
