DEPARTMENT OF ECONOMIC OPPORTUNITY
Division of Community Development
Final Order No. DEO-16-205
In re: A LAND DEVELOPMENT REGULATION
ADOPTED BY CITY OF KEY WEST, FLORIDA,
ORDINANCE NO. 16-16
_______________________________________________
FINAL ORDER
REJECTING CITY OF KEY WEST ORDINANCE NO. 16-16
The Department of Economic Opportunity (“Department”) hereby issues its Final Order, pursuant to section 380.05(6), Florida Statutes, and rule 28-36.002, Florida Administrative Code, rejecting land development regulations adopted by the City of Key West, Florida (“the City”), Ordinance No. 16-16 (the “Ordinance”).
FINDINGS OF FACT
1. The City of Key West is designated as an area of critical state concern by rule 28-36.002, Florida Administrative Code.
2. The Ordinance was adopted by the City on August 16, 2016, and rendered to the Department on August 21, 2016.
3. The Ordinance amends the City’s Land Development Regulations (“LDRs”) to redistribute the building permit allocations for July 1, 2016-June 20, 2017 from a minimum of 45 affordable, 36 market rate, and a maximum of 10 transient units to now allocate 91 affordable.
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. See section 380.05(6), Florida Statutes; see also rule 28-36.002, Florida Administrative Code.
5. “Land development regulations” include local zoning, subdivision, building, and other regulations controlling the development of land. Section 380.031(8), Florida Statutes. The regulations adopted by the Ordinance are land development regulations.
6. The Ordinance is inconsistent with the City’s Comprehensive Plan Policies 1-1.16.1 and 3-1.1.4.
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 All land development regulations enacted, amended, or rescinded within an area of critical state concern must be consistent with the principles for guiding development for that area. See section 380.05(6), Florida Statutes. The Principles for Guiding Development (Principles) for the Florida Keys Area of Critical State Concern are set forth in rule 28-36.003(1), Florida Administrative Code.
8. The Ordinance is inconsistent with rule 28-36.003(1)(a), Florida Administrative Code, because it fails to “strengthen local government capabilities for managing land use and development.”
WHEREFORE, IT IS ORDERED that the Department finds that City Ordinance No. 16-16 is inconsistent with the City’s Comprehensive Plan and Principles for Guiding Development for the City of Key West Area of Critical State Concern and is hereby REJECTED.
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/
Taylor Teepell, 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 4th day of November, 2016.
/s/
Agency Clerk
Department of Economic Opportunity
107 East Madison Street, MSC 110
Tallahassee, FL 32399-4128
By Certified U.S. Mail:
The Honorable Craig Cates
Mayor, Monroe County
3132 Flagler Avenue
Key West, FL 33040
Sue Harrison, Clerk
Monroe County
Board of County Commissioners
1100 Simonton St.
Key West, FL 33040
Thaddeus Cohen, Director
Planning and Environmental Resources
3140 Flagler Ave
Key West, FL 33040
