DEPARTMENT OF ECONOMIC OPPORTUNITY
Division of Community Development
Final Order No.: DEO-15-156
In re:A LAND DEVELOPMENT REGULATION
ADOPTED BY ISLAMORADA, VILLAGE OF
ISLANDS, FLORIDA, ORDINANCE NO. 15-09
_______________________________________________
FINAL ORDER
APPROVING ISLAMORADA ORDINANCE NO. 15-09
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 Islamorada, Village of Islands, Florida, Ordinance No. 15-09 (the “Ordinance.”)
FINDINGS OF FACT
1. The Florida Keys Area is designated by § 380.0552, Florida Statutes, as an area of critical state concern. Islamorada, Village of Islands, is a local government within the Florida Keys Area.
2. The Ordinance was adopted by Islamorada, Village of Islands, on July 9, 2015, and rendered to the Department on August 12, 2015.
3. The Ordinance amends the Islamorada, Village of Islands, Code of Ordinances at Chapter 30, “Land Development Regulations.” It specifically amends:
a. Article II, “Rules of Construction and Definitions,” Section 30-32. These changes provide for: 1) an increase in caretaker’s cottage size from 1,200 square feet to 1,500 square feet of enclosed living area, 2) an enclosed patio not greater than ten feet in width along one side of the dwelling, and 3) a walkway not greater than three feet around the entire dwelling.
b. Article V, “Schedule of District Use and Development Standards,” Division 2 “Zoning District,” Section 30-682. This change requires that native species habitat restoration undertaken in a Native Residential zoning district must be consistent with Chapter 30, Article VII, Division 4.
c. Article V, “Schedule of District Use and Development Standards,” Division 2 “Zoning District,” Sections 30-682, 30-683, and 30-703. These changes remove the 1,200 square foot limitation on caretaker’s cottages in, respectively, Native Residential, Residential Estate, and Mariculture zoning districts.
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. Islamorada, Village of Islands, is a local government within the Florida Keys Area of Critical State Concern. § 380.0552, Florida Statutes, and Florida Administrative Code Chapter 28-26.
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 Islamorada, Village of Islands, Comprehensive Plan generally, and specifically Policies 1-4.10.7 (Undertake Special Land Use Studies), 1-4.11.1 (Review the Impact of Change Indicators on Land Use Policy), 3-1.1.1 (Provide Adequate Affordable Housing to Meet Current and Future Needs), 3-1.1.2 (Dedicate Sufficient Residential Dwelling Unit Allocations to Affordable Housing), and 3-1.1.3 (Identify and Address Barriers to Affordable Housing Within the Land Development Regulations).
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.
(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.
(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 Islamorada, Village of Islands Ordinance No. 15-09 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 7th day of October, 2015.
_____________/s/__________________
Katie Zimmer, Agency Clerk
Department of Economic Opportunity
107 East Madison Street, MSC 110
Tallahassee, FL 32399-4128
By Certified U.S. Mail:
The Honorable Mike Forster, Mayor
Islamorada, Village of Islands Council
86800 Overseas Highway
Islamorada, FL 33036
Kelly Toth, Clerk
Islamorada, Village of Islands
86800 Overseas Highway
Islamorada, FL 33036
Cheryl Cioffari
Director of Planning
Islamorada, Village of Islands
86800 Overseas Highway
Islamorada, FL 33036
