DEPARTMENT OF ECONOMIC OPPORTUNITY
Division of Community Development
Final Order No.: DEO-14-146
In re:A LAND DEVELOPMENT REGULATION
ADOPTED BY MONROE COUNTY,
FLORIDA, ORDINANCE NO. 011-2014
_______________________________________________
FINAL ORDER
APPROVING MONROE COUNTY ORDINANCE NO. 011-2014
The Department of Economic Opportunity (“Department”) hereby issues its Final Order, pursuant to §§ 380.05(6) and 380.0552(9), Florida Statutes, approving land development regulations adopted by Monroe County, Florida, Ordinance No. 011-2014 (the “Ordinance”).
FINDINGS OF FACT
1. The Florida Keys Area is designated by § 380.0552, Florida Statutes, as an area of critical state concern. Monroe County is a local government within the Florida Keys Area.
2. The Ordinance was adopted by Monroe County on July 16, 2014, and rendered to the Department on September 12, 2014.
3. The Ordinance amends the Monroe County Land Development Code by modifying Chapter 101 (General Provisions), Section 101-1 (Definitions – live-aboard vessel); Chapter 114 (Development Standards), Article I (In General), Section 114-19 (Live-aboards); and Chapter 138 (Rate of Growth Restrictions), Article II (Residential Rate of Growth Limitations), Section 138-19 (Residential Rate of Growth Ordinance). These specific sections were revised to address live-aboard vessels and to provide for severability and the repeal of conflicting provisions.
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) and § 380.0552(9), Florida Statutes.
5. “Land development regulations” include local zoning, subdivision, building, and other regulations controlling the development of land. § 380.031(8), Florida Statutes. The regulations adopted by the Ordinance are land development regulations.
6. All land development regulations enacted, amended, or rescinded within an area of critical state concern must be consistent with the principles for guiding development for that area. §§ 380.05(6) and 380.0552(9), Florida Statutes. The Principles for Guiding Development for the Florida Keys Area of Critical State Concern are set forth in § 380.0552(7), Florida Statutes.
7. The Ordinance is consistent with the Monroe County Comprehensive Plan generally, and specifically with Policy 101.2.3 and Policy 202.4.1.
8. The Ordinance is consistent with the Principles for Guiding Development in section 380.0552(7), Florida Statutes, as a whole, and is specifically consistent with the following Principle:
(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.
WHEREFORE, IT IS ORDERED that the Department finds that Monroe County Ordinance No. 011-2014 is consistent with the Principles for Guiding Development for the Florida Keys Area of Critical State Concern and is hereby APPROVED.
This 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/___________________
William B. Killingsworth, Director
Division of Community Development
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 receipt of this notice. 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
You waive the right to any administrative proceeding if you do not file a petition with the agency clerk within 21 days of receipt of this final order.
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 14th day of October, 2014.
___________/s/_____________________
Katie Zimmer, Agency Clerk
Department of Economic Opportunity
107 East Madison Street, MSC 110
Tallahassee, FL 32399-4128
By Certified 011-U.S. Mail:
Honorable Sylvia Murphy
Mayor, Monroe County, Florida
1100 Simonton St.
Key West, FL 33040
Townsley Schwab, Director
Planning and Environmental Resources
Monroe County, Florida
2798 Overseas Highway
Marathon, FL 33050
Amy Heavilin, Clerk
Monroe County, FL
500 Whitehead St.
Key West, FL 33040
