Department of Economic Opportunity, Division of Community Development

 

DEPARTMENT OF ECONOMIC OPPORTUNITY
Division of Community Development

Final Order No. DEO-18-060

In re:AMENDMENT TO THE CITY OF KEY WEST, FLORIDA,

LAND DEVELOPMENT REGULATIONS

ADOPTED BY CITY OF KEY WEST, FLORIDA,

ORDINANCE NO. 18-19

______________________________________________

FINAL ORDER

APPROVING CITY OF KEY WEST ORDINANCE NO. 18-19

The Department of Economic Opportunity (“Department”) hereby issues its Final Order, pursuant to subsection 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. 18-19 (“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 creates a subsection 110-331(4) within the City’s Code of Ordinances (“Code”) to provide that if a tree removal permit holder fails to fulfill the terms of a permit, the Tree Commission shall forward the case to the code enforcement special master for further hearing and penalty.

CONCLUSIONS OF LAW

4.                  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.

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 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.

7.                  LDRs enacted, amended, or rescinded within an area of critical state concern must be consistent and in compliance with the principles for guiding development for that area.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.

8.                  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. 18-19 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.

James 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 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 SUSBECTION 120.57(1), Florida statutes, or Section 120.569 and SUSBECTIONS 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 [phone]

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