DEPARTMENT OF ECONOMIC OPPORTUNITY
Division of Community DevelopmentFinal Order No. DEO-18-059
In re:AMENDMENT TO THE CITY OF KEY WEST, FLORIDA,
LAND DEVELOPMENT REGULATIONS
ADOPTED BY CITY OF KEY WEST, FLORIDA,
ORDINANCE NO. 18-18
_______________________________________________
FINAL ORDER
APPROVING CITY OF KEY WEST ORDINANCE NO. 18-18
The Department of Economic Opportunity (“Department”) hereby issues its Final Order, pursuant to subection 380.05(6) and paragraph 380.0552(9)(a), Florida Statutes, approving the requested changes to land development regulations (“LDRs”) adopted by the City of Key West, Florida (“City”) by Ordinance No. 18-18 (“Ordinance”).
FINDINGS OF FACT
1. The City is designated within an area of critical state concern. See § 380.0552, Fla. Stat., and r. 28-36.002, Fla. Admin. Code.
2. The Ordinance was adopted by the City on September 6, 2018, and rendered to the Department on October 9, 2018.
3. The Ordinance amends subsection 90-172(a) of the City’s Code of Ordinances (“Code”) to provide that the mayor and each city commissioner shall appoint one member of the tree commission, and that such appointments are not subject to approval by the city commission. The amendment further provides that tree commission appointees shall be assigned, via a lottery system, to individual city commission members.
4. The Ordinance amends section 90-173, Terms of Office, to provide that tree commission member terms shall be parallel to that of the appointing city commission member, and reelected city commission members may reappoint a tree commission member.
5. The Ordinance amends section 90-174, Removal of Members, to provide for notification of vacancies of tree commission members’ offices upon removal of a member.
CONCLUSIONS OF LAW
6. Any LDR for the City may be amended by the City, but the amendment becomes effective only upon approval by the Department within 60 days after receipt. § 380.0552(9), Fla. Stat.
7. “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.
8. The Ordinance is consistent with the City’s Comprehensive Plan generally, as required by subsection 163.3177(1), Florida Statutes, and specifically,
Policy 1-1.12.1, Incorporate Innovative Techniques in the Land Development Regulations.9. LDRs enacted, amended, or rescinded within an area of critical state concern must be consistent and in compliance with the principles for guiding development for that area.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) and 380.0552(9)(a), Fla. Stat. The Principles for Guiding Development for the City are set forth in rule 28-36.003, Florida Administrative Code.
10. The Ordinance is consistent and in compliance 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;
(d) protection of scenic resources of the City of Key West and promotion of the management of unique, tropical vegetation; and
(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. 18-18 is consistent and in compliance 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, 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 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.
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 29th day of November, 2018.
/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 Craig Cates
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
