DEPARTMENT OF ECONOMIC OPPORTUNITY
Division of Community Development
Final Order No.: DEO-14-149
In re:A LAND DEVELOPMENT REGULATION
ADOPTED BY CITY OF MARATHON
ORDINANCE NO. 2014-14
_______________________________________________
FINAL ORDER
APPROVING CITY OF MARATHON ORDINANCE NO. 2014-14
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 the City of Marathon, Florida, Ordinance No. 2014-14 (the “Ordinance”).
FINDINGS OF FACT
1. The Florida Keys Area is designated by § 380.0552, Florida Statutes, as an area of critical state concern. The City of Marathon, is a local government within the Florida Keys Area.
2. The Ordinance was adopted by the City of Marathon on August 26, 2014, and rendered to the Department on September 24, 2014.
3. The Ordinance amends the City of Marathon Code Of Ordinances Appendix, Chapter 107 (General Development Standards), Article 10 (Fences, Walls, Hedges and Screening), Section 107.83 (Regulations by Land Use) to provide for an option to seek an administrative variance for fence height of street-facing property lines and limits such a variance to a maximum total height of six feet.
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. The City of Marathon is a local government within the Florida Keys Area of Critical State Concern. §380.0552, Florida Statutes and Florida Administrative Code Chapter 28-29.
6. “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.
7. All land development regulations enacted, amended, or rescinded within an area of critical state concern must be consistent with the principles for guiding development for that area.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.
8. The Ordinance is consistent with the City of Marathon Comprehensive Plan generally, and specifically Chapter 1, Goal 1-1 (Manage Growth), Policy 1-1.1.2 (Adopt Compatibility for Residential and Non-Residential Review Criteria).
9. 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 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.
(n)Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining the Florida Keys as a unique Florida resource.
WHEREFORE, IT IS ORDERED that the Department finds that the City of Marathon Ordinance No. 2014-14 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 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 (850)921-3230
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 22nd 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:
The Honorable Dick Ramsay, Mayor
City of Marathon, City Council
9805 Overseas Highway
Marathon, FL 33050
Diane Clavier, Clerk
City of Marathon
9805 Overseas Highway
Marathon, FL 33050
George Garrett, Director
City of Marathon, Planning Department
9805 Overseas Highway
Marathon, FL 33050
